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H3. Ordinance 1768 - Creating B-3 Zone for Core AreaPLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT MEETING DATE: MONT"A Doug Russell, City Manager Jarod Nygren, Senior Planner Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning KZTA-16-01 — New B-3 Zoning District for the Core Area March 7, 2016 BACKGROUND: A request by the City of Kalispell Planning Department for a text amendment to the Kalispell Zoning Ordinance for the addition of a B-3 (Core Area — Business) Zoning District. In an effort to begin the implementation of the Core Area Plan, staff has created a new B-3 Zoning District. This zone is based primarily on the Core Area Plan and is intended to further the goals and policies in the plan. The B-3 Zone is a mixture of the B-2, B-4, and B-5 Zones, and includes uses and standards that are intended to implement the Core Area Plan's vision. In summary, the B-3 Zone includes the following: 1) Allows multi -family; 2) Allows retail, office and light industrial; 3) Prohibits heavy industrial uses; 4) Reduces setback requirements; and 5) Provides for increased height. Once the B-3 Zoning District is created, efforts for the rezoning of properties within the Core Area to B-3 can begin. Rezoning of Core Area properties to B-3 will include a significant amount of public outreach that would include how properties may be affected by the proposed change. The Kalispell Planning Board held a duly noticed public hearing February 9, 2016, to consider the zoning text amendment request. Staff presented staff report KZTA-16-01, providing details of the proposal and evaluation. There was no public comment regarding the request. There being no public testimony, the public hearing was closed and a motion was presented to adopt staff report KZTA-16-01 as findings of fact, and recommend to the Kalispell City Council the proposed amendment be adopted. Board discussion concluded that the proposed amendment was appropriate, and the motion passed 6 in favor and 0 opposed, on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of the ordinance for the creation of the B-3 Zoning District. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Proposed B-3 Zoning District Chart comparing the proposed B-3 Zone to B-2, B-4 and B-5 Zones Ordinance 1768 Report compiled: February 29, 2016 Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1768 AN ORDINANCE AMENDING PORTIONS OF TEXT IN THE CITY OF KALISPELL ZONING CODE SPECIFICALLY AS IT RELATES TO THE LAND USE ZONE B-3, CREATING A B-3 CORE AREA - BUSINESS ZONING DISTRICT, AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City Planning and Zoning Commission to consider certain amendments to the Kalispell Zoning Ordinance regarding the land uses within the B-3 zone and to specifically create the B-3 Core Area - Business Zoning District; and WHEREAS, the Kalispell City Planning Board and Zoning Commission considered the request by the Kalispell Planning Department, took public comment and evaluated the request pursuant to the guidelines of KMC 27.29.020; and WHEREAS, the Kalispell City Planning Board and Zoning Commission forwarded its recommendation to the Kalispell City Council that certain portions of text of the Kalispell Zoning Ordinance as set forth in Exhibit "A" attached hereto, regarding the B-3 land use zone be amended; and WHEREAS, the City Council has reviewed the Kalispell Planning Department Report as considered by the Kalispell City Planning Board and Zoning Commission and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-16-01, as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is hereby amended as follows on Exhibit "A". SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby remain unchanged. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS _ DAY OF MARCH, 2016. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT A CHAPTER 27.02 ESTABLISHMENT OF DISTRICTS Sections: 27.02.010: Official Zoning Map. The city is hereby divided into zones or districts, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter. Within such districts, the city will regulate and restrict the creation, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. For the purpose of this chapter, the city is hereby divided and classified into the following use districts (1) R-1: Residential (2) R-2: Residential (3) R-3: Residential (4) R-4: Residential (5) R-5: Residential/Professional Office (6) RA-1: Residential Apartment (7) RA-2: Residential Apartment/Office (8) RA-3: Combined with RA-2 under July, 2010, amendment (9) H-1: Health Care (10) B-1: Neighborhood Business (11) B-2: General Business (12) B-3: Core Area - Business (13) B-4: Central Business (14) B-5: Industrial Business (15) I-1: Light Industrial (16) I-2: Heavy Industrial (17) P-1: Public (18) PUD: Planned Unit Development Overlays The official zoning map, including any changes made pursuant to this ordinance, shall be maintained by and available in the office of the Zoning Administrator and is also available on-line at the City's website. The official zoning map shall be the final authority as to the current zoning status of land and water area, buildings and other structures in the city. CHAPTER 27.13 B-2 GENERAL BUSINESS Sections: CHAPTER 2714A B-3 CORE AREA - BUSINESS Sections: 27.14A.010: Intent. A district which is intended to provide a varietv of both commercial and residential uses. Commercial uses would typically include a mix of retail, office, restaurant, and other similar uses. This zone is based primarily on the core area plan adopted by the city for the area along the railroad corridor and is intended to further the goals and policies in that plan. 27.14A.020: Permitted Uses. (1) Assembly light (2) Athletic club (3) Auto parking - structure (4) Auto parking — surface (5) Auto rental, limo, shuttle (taxi) services (6) Auto service station (7) Bed and breakfast (8) Bakery (9) Banks and financial institutions (10) Barber and beauty services 01) Bus station (12) Car wash, auto detailing shop (13) Catering establishments (14) Church (15) Communi . center (16) Day care - home (12 or fewer) - center (13 or more) (17) Dwellings - single family - duplex - townhouse (2 attached units) - townhouse (3 or more attached units) - multi -family (18) Fairgrounds (public) (19) Film production studios (20) Food bank (21) Food processing - light (22) Funeral homes and crematoriums (23) Home occupations refer to Section 27.20.060) (24) Hotel, motel (25) Jail Facilities (public) (26) Laboratories, tech research, development and testing (27) Laundromats or dry cleaners (28) Libraries, museums and similar cultural facilities (29) Manufacturing =light (no smoke, fumes, odor, dust) (30) Media (newspaper, radio, TV) (31) Media, towers and facilities (accessory) (32) Microbreweries (33) Office - professional/governmental - medical with limited overnight stay (34) Parks (35) Pack and ship shops (36) Photographic studio (37) Police and fire stations (38) Post office (39) Print and copy shops (40) Recreation area, indoor (41) Repair shops (clothing, electronics) (42) Restaurants (43) Retail business (44) Schools — K-12 (public) - post secondary (public) - commercial (45) Safe houses (46) Tattoo parlors (47) Technology — research, design, engineering and telecommunication facilities (48) Theaters (49) Veterinary clinic - small animals 27.14A.030: Uses Which May Be Permitted By Conditional Use Permit. (1) Assembly halls/stadiums/convention hall facilities (includes public fair grounds, auditoriums, and racetracks) (2) Auto (RV, boats, motorcycles) sales and/or repair (3) Bars, taverns and clubs (Administrative CUP) (4) Group home - 8 or fewer persons - 9 or more persons Homeless shelters 6) Casinos (refer to Section 27.34.040 (7) HVAC/electrical/plumbing, sales/service (8) Recreation area, outdoor (9) Repair shops (gppliance) (10) Residential care home or facility (11) Shooting/archer (indoor) (Administrative CUP) (12) Small engine sales, service and repair (13) Utilities (primary distribution site) 27.14A.040: Property Development Standards. (1) Minimum Lot Area: N/A (2) Minimum Lot Width (ft): N/A (3) Minimum Yards (ft): Front Yard - N/A Side Yard - N/A Side Corner - N/A Rear Yard - N/A Attached Garage (Front/Side Corner) - 20 Accessory Structures — See Section 27.20.020 (4) Maximum Building Height (ft): 60 (unlimited with CUP) (5) Permitted Lot Coverage (%): N/A (6) Off -Street Parking (refer to Chapter 27.24) (7) Fences (see Section 27.22.040) Maximum Fence Heights (ft): Front - 4 Side - 6.5 Rear - 6.5 Side corner - 6.5 (8) Signs (refer to Chapter 27.22) CHAPTER 27.14B B-4 CENTRAL BUSINESS Sections: 2 7.14B . 010 : Intent. ... 27.14B.020: Permitted Uses.... 27.14B.030: Uses Which May Be Permitted By Conditional Use Permit.... 27.14B.040: Property Development Standards... CHAPTER 27.22 SIGN REGULATIONS Sections: 27.22.130 Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2 27.22.080: Sign Area Allowances. .. . ZONING MAXIMUM SIGN AREA CLASSIFICATION B-2, B-3, B4, B-5, I-1 and I-2 3 square feet per lineal foot of building frontage length R-5, RA-1, RA-2, B-1 and P-1 2 square feet per lineal foot of building frontage length R-1, R-2, R-3 and R-4 1 square foot per lineal foot of building frontage length H-1 See Section 27.22.120 (c) In the B-2, B-3, B-4, B-5, I-1 and 1-2 zones, shopping centers or lots containing multiple businesses or where common signage is shared between two or more adjacent lots, the calculation of allowable sign area shall be as per (a) and (b) above, except the square footage allowance increases to 3-1/2 square feet and 1-1/2 square feet, respectively, provided that a common signage plan is submitted and approved. 27.22.090: Regulations for Specific Categories of Signs. (1) Freestanding and Ground Signs. (d) Heights, area, and front yard setbacks of freestanding signs in the B-2, B-3, B-4, B-5, I-1 and I-2 zones are established in the "Freestanding Sign Standards" table below. The height, area and front yard setbacks of freestanding signs in other districts are established under Sections 27.22.100, 27.24.110, and 27.24.120 of this ordinance. The setback shall be measured from each street right-of-way line adjacent to the property, and the lowest height and smallest size per face shall apply. Freestanding Sign Standards Distance from Street Maximum Height Maximum Size Right -Of -Way Line Above Grade (Feet) Allowed Per Face (Feet) (Square Feet) 0-10 15 60 11-20 20 80 21-30 22 90 31-40 24 120 41-50 26 150 51 and greater 28 200 27.22.130: Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2. (1) Signs listed in Section 27.22.050, Signs not requiring permits. (2) Freestanding and ground signs. (3) Wall signs. (4) Projecting signs, except on Main Street between Center Street and 8t' Street. Projecting signs in that area are permitted provided they meet the following: (a) Only externally lit signs are allowed, subject to the outdoor lighting regulations; (b) No reader boards are allowed; (c) A maximum area of nine square feet is allowed, or a maximum of 15 square feet if the lowest part of the sign is at least 15 feet above grade and meets a higher artistic standard under architectural review, including a maximum of 25% of the sign area being text, colors coordinating with those on the building, and other elements as determined by the Architectural Review Committee; and (d) The sign otherwise meets the standards for projecting signs. (5) Freestanding multiple business sign. (6) Canopy signs. (7) Marquee signs. (8) Off -premise signs, except in zoning classification B-4 when the location and size complies with all other provisions of this Chapter. (9) Billboards, except: (a) in zoning classifications B-3, B-4 and B-5; and (b) not within 1500 feet of the intersection of Main and Idaho streets. CHAPTER 27.24 OFF-STREET PARKING DESIGN STANDARDS Sections: 27.24.030: Design. (d) Required parking may be allowed to locate within the front and side yard setbacks in the following sections: 2. In B-1, B-2, B-3, B-4, B-5, H-1, I-1, I-2, and P-I zones: a. Vehicles will be allowed to park within five feet of the front and side corner lot line. b. Any parking space located within a required front or side corner building setback area shall have a landscape buffer between the parking space and the lot line. In every case, a minimum five foot landscape buffer is required regardless of the building setback. (Figure 9) C. Vehicles will be allowed to park in the side yard setback as long as a sight obscuring fence or landscaping is constructed along the side lot line obscuring the presence of the parked vehicles to the extent fencing is otherwise permitted under this ordinance. The requirement may be waived where property abuts an existing parking lot. (Note: When a designated parking lot abuts a residentially zoned property other than the R-5 or RA-2 zones, the side yard abutting the residential zone may not be used for parking.) Appendix B — Table of Uses Allowed by Zone and Appendix C — Property Development Standards for All Uses to be amended accordingly CITY OF KALISPELL — ZONING REGULATIONS KALISPELL PLANNING DEPARTMENT STAFF REPORT #KZTA-16-01 February 9, 2016 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request by the City of Kalispell Planning Department for text amendment to the Kalispell Zoning Ordinance for the addition of a B-3 (Core Area — Business) Zoning District. A public hearing has been scheduled before the Planning Board for February 9, 2016, beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION A. Petitioner: City of Kalispell Planning Department P.O. Box 1997 Kalispell, MT 59903 B. Area Affected by the Proposed Changes: The creation of the B-3 Zoning District is the only action that would be discussed. Once the B-3 Zoning District is created, efforts for the rezoning of properties within the Core Area to B-3 can begin. Rezoning of Core Area properties to B-3 will include a significant amount of public outreach that would include how properties would be affected by a zone change to B- 3. C. Proposed Amendment: The changes to the current text of the code section are indicated below. Deletions are struck - out and additions are underlined. CHAPTER 27.02 ESTABLISHMENT OF DISTRICTS Sections: 27.02.010: Official Zoning Map. The city is hereby divided into zones or districts, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter. Within such districts, the city will regulate and restrict the creation, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. For the purpose of this chapter, the city is hereby divided and classified into the following use districts: (1) R-1: Residential (2) R-2: Residential (3) R-3: Residential (4) R-4: Residential (5) R-5: Residential/Professional Office (6) RA-1: Residential Apartment (7) RA-2: Residential Apartment/Office (8) RA-3: Combined with RA-2 under July, 2010, amendment (9) H-1: Health Care (10) B-1: Neighborhood Business (11) B-2: General Business (12) B-3: Cembia a T ,44 B 2 tnde - 44y, 2010r-amendfnenrCore Area - Business (13) B-4: Central Business (14) B-5: Industrial Business (15) I-1: Light Industrial (16) I-2: Heavy Industrial (17) P-1: Public (18) PUD: Planned Unit Development Overlays The official zoning map, including any changes made pursuant to this ordinance, shall be maintained by and available in the office of the Zoning Administrator and is also available on-line at the City's website. The official zoning map shall be the final authority as to the current zoning status of land and water area, buildings and other structures in the city. CHAPTER 27.13 B-2 GENERAL BUSINESS Sections: CHAPTER 27.14A B-3 CORE AREA - BUSINESS Sections: 27.14A.010: Intent. A district which is intended to Drovide a variety of both commercial and residential uses. Commercial uses would tyVically include a mix of retail, office, restaurant, and other similar uses. This zone is based primarily on the core area plan adopted by the city for the area along the railroad corridor and is intended to further the goals and policies in that plan. 27.14A.020: Permitted Uses. (1) Assembly light (2) Athletic club (3) Auto parking - structure (4) Auto parking — surface (5) Auto rental, limo, shuttle (taxi) services (6) Auto service station (7) Bed and breakfast (8) Bakery (9) Banks and financial institutions (10) Barber and beauty services (11) Bus station (12) Car wash, auto detailing shop (13) Catering establishments (14) Church (15) Communi . center (16) Day care - home (12 or fewer) - center (13 or more (17) Dwellings - single family - duplex - townhouse (2 attached units) - townhouse (3 or more attached units) - multi -family (18) Fairgrounds (public) (19) Film production studios (20) Food bank (21) Food processing - light (22) Funeral homes and crematoriums (23) Home occupations refer to Section 27.20.060) (24) Hotel, motel (25) Jail Facilities (Public) (26) Laboratories, tech research, development and testing (27) Laundromats or da cleaners (28) Libraries, museums and similar cultural facilities (29) Manufacturing =light (no smoke, fumes, odor, dust) (30) Media (newspaper, radio, TV) (31) Media, towers and facilities (accessory) (32) Microbreweries (33) Office - professional/governmental - medical with limited overnight stay (34) Parks (35) Pack and ship shops (36) Photog_raphic studio (37) Police and fire stations (38) Post office (39) Print and copy shops (40) Recreation area, indoor (41) Repair shops(clothing, electronics) (42) Restaurants (43) Retail business (44) Schools — K-12 (public) - post secondar(public) - commercial (45) Safe houses (46) Tattoo parlors (47) Technology — research, design, engineering and telecommunication facilities (48) Theaters (49) Veterinary clinic - small animals 27.14A.030: Uses Which May Be Permitted By Conditional Use Permit. (1) Assembly halls/stadiums/convention hall facilities (includes public fair grounds, auditoriums, and racetracks) (2) Auto (RV, boats, motorcycles) sales and/or repair (3) Bars, taverns and clubs (Administrative CUP) (4) Group home - 8 or fewer persons - 9 or more persons (5) Homeless shelters (6) Casinos (refer to Section 27.34.040) (7) HVAC/electrical/plumbing, sales/service (8) Recreation area, outdoor (9) Repair shops (gppliance) (10) Residential care home or facility (11) Shootin archeiy (indoor) (Administrative CUP) (12) Small engine sales, service and repair (13) Utilities (primary distribution site) 27.14A.040: Property Development Standards. (1) Minimum Lot Area: N/A (2) Minimum Lot Width (ft): N/A (3) Minimum Yards (ft): Front Yard - N/A Side Yard - N/A Side Corner - N/A Rear Yard - N/A Attached Garage (Front/Side Corner) - 20 Accessory Structures — See Section 27.20.020 (4) Maximum Building Height (ft): 60 unlimited with CUP) (5) Permitted Lot Coverage (%): N/A (6) Off -Street Parking (refer to Chapter 27.24) (7) Fences (see Section 27.22.040) Maximum Fence Heights (ft): Front - 4 Side - 6.5 Rear - 6.5 Side corner - 6.5 (8) Signs (refer to Chapter 27.22I CHAPTER 27.14B B-4 CENTRAL BUSINESS Sections: 2 7.14B . 010 : Intent. .. . 27.14B.020: Permitted Uses.... 27.14B.030: Uses Which May Be Permitted By Conditional Use Permit.... 27.14B.040: Property Development Standards... CHAPTER 27.22 SIGN REGULATIONS Sections: 27.22.130 Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2 27.22.080: Sign Area Allowances. .. . ZONING MAXIMUM SIGN AREA CLASSIFICATION 13-2, B-3, B-4, B-5, I-1 and 3 square feet per lineal foot of building I-2 frontage length R-5, RA-1, RA-2, 13-1 and 2 square feet per lineal foot of building P-1 frontage length R-1, R-2, R-3 and R-4 1 square foot per lineal foot of building frontage length H-1 See Section 27.22.120 (c) In the B-2, B-3, B-4, B-5, I-1 and 1-2 zones, shopping centers or lots containing multiple businesses or where common signage is shared between two or more adjacent lots, the calculation of allowable sign area shall be as per (a) and (b) above, except the square footage allowance increases to 3-1/2 square feet and 1-1/2 square feet, respectively, provided that a common signage plan is submitted and approved. 27.22.090: Regulations for Specific Categories of Signs. (1) Freestanding and Ground Signs. (d) Heights, area, and front yard setbacks of freestanding signs in the B-2, B-3, B-4, B-5, I-1 and I-2 zones are established in the "Freestanding Sign Standards" table below. The height, area and front yard setbacks of freestanding signs in other districts are established under Sections 27.22.100, 27.24.110, and 27.24.120 of this ordinance. The setback shall be measured from each street right-of-way line adjacent to the property, and the lowest height and smallest size per face shall apply. Freestanding Sign Standards Distance from Street Maximum Height Maximum Size Right -Of -Way Line Above Grade Allowed Per Face (Feet) (Feet) (Square Feet) 0-10 15 60 11-20 20 80 21-30 22 90 31-40 24 120 41-50 26 150 51 and s4reater 28 200 27.22.130: Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2. (1) Signs listed in Section 27.22.050, Signs not requiring permits. (2) Freestanding and ground signs. (3) Wall signs. (4) Projecting signs, except on Main Street between Center Street and 8th Street. Projecting signs in that area are permitted provided they meet the following: (a) Only externally lit signs are allowed, subject to the outdoor lighting regulations; (b) No reader boards are allowed; (c) A maximum area of nine square feet is allowed, or a maximum of 15 square feet if the lowest part of the sign is at least 15 feet above grade and meets a higher artistic standard under architectural review, including a maximum of 25% of the sign area being text, colors coordinating with those on the building, and other elements as determined by the Architectural Review Committee; and (d) The sign otherwise meets the standards for projecting signs. (5) Freestanding multiple business sign. (6) Canopy signs. (7) Marquee signs. (8) Off -premise signs, except in zoning classification B-4 when the location and size complies with all other provisions of this Chapter. (9) Billboards, except: (a) in zoning classifications B-3, B-4 and B-5; and (b) not within 1500 feet of the intersection of Main and Idaho streets. CHAPTER 27.24 OFF-STREET PARKING DESIGN STANDARDS Sections: 27.24.030: Design. (d) Required parking may be allowed to locate within the front and side yard setbacks in the following sections: 2. In 13-1, B-2, B-3, B-4, B-5, H-1, I-1, I-2, and P-I zones: a. Vehicles will be allowed to park within five feet of the front and side corner lot line. b. Any parking space located within a required front or side corner building setback area shall have a landscape buffer between the parking space and the lot line. In every case, a minimum five foot landscape buffer is required regardless of the building setback. (Figure 9) C. Vehicles will be allowed to park in the side yard setback as long as a sight obscuring fence or landscaping is constructed along the side lot line obscuring the presence of the parked vehicles to the extent fencing is otherwise permitted under this ordinance. The requirement may be waived where property abuts an existing parking lot. (Note: When a designated parking lot abuts a residentially zoned property other than the R-5 or RA-2 zones, the side yard abutting the residential zone may not be used for parking.) Appendix B — Table of Uses Allowed by Zone and Appendix C — Property Development Standards for All Uses to be amended accordingly D. Staff Discussion: The Core Area Plan was adopted in December 2012 as an amendment to the Kalispell Growth Policy 2020. In an effort to begin the implementation of the Core Area Plan, staff has created a new B-3 Zoning District in order to help facilitate redevelopment. The B-3 Zoning District is a hybrid of the B-2, B-4 and B-5 zones and includes uses and standards that are intended to implement the Core Area Plan's vision. In summary, the B-3 zone includes the following: 1) Allows multi -family; 2) Allows retail, office and light industrial; 3) Prohibits heavy industrial uses; 4) Reduces setback requirements; and 5) Provides for increased height. The Core Area is intended to be a vibrant and lively continuation of historic downtown Kalispell and The Core Area Plan contains the following policies in support of the new B-3 Zoning District: 1. Require urban scale design standards along the street. • Zero lot line setbacks • Encourage two, three or more story buildings to help frame the street. • De-emphasize the car (eliminate or significantly reduce off-street parking requirements) and rebuild streets to accommodate pedestrians. 2. Zoning within the Core Area should accommodate a mix of residential and commercial uses. 3. Increase presence of higher density housing in the plan area. 4. Encourage designs that provide for street level retail and place parking in a garage or beneath homes or apartment buildings. 5. Update existing zoning regulations to encourage land uses set out in the Core Area Plan. 6. Review existing zoning district patterns to ensure the zoning districts are consistent with the Core Area Plan and rezone areas where there is conflict. Additionally, Chapter 4 of the Core Area Plan laid out the following "first steps" for implementing the Core Area Plan: 13. Develop zoning tools that will enable the Core Area to accommodate a mix of land uses and achieve the Core Area Vision. a) Develop new zoning tools and creative approaches to enable property owners to achieve the Core Area vision. The B-3 Zoning District allows for redevelopment of properties within the Core Area that will create an environment which encourages more people to live, work and visit. EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the amendment request in accordance with state and local regulations. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. 1. Is the zoning regulation made in accordance with the growth polio The proposal is consistent with the goals and policies of the growth policy. The growth policy encourages development and redevelopment in the target development areas (Core Area). Additionally, Chapter 4 of the Core Area Plan laid out the following "first steps" for implementing the Core Area Plan: 13. Develop zoning tools that will enable the Core Area to accommodate a mix of land uses and achieve the Core Area Vision. a) Develop new zoning tools and creative approaches to enable property owners to achieve the Core Area vision. 2. Does the zoning regulation consider the effect on motorized and nonmotorized transportation systems? The amendment would have a minimal effect on transportation systems since the proposed zoning district is designed to be a live/work environment and of urban scale where supplemental modes of transportation would be used. Additionally, any development or redevelopment is reviewed by the city's site review committee to ensure any impacts to the transportation system are adequately addressed. 3. Is the zoning regulation designed to secure safety from fire and other dangers? The proposed amendment would have little impact. City codes such as building, fire, and zoning regulations, adequately address fire and other dangers. 4. Is the zoning regulation designed to promote public health, public safety, and the _ general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed or remodeled. The standards and uses being created by the B-3 Zoning District are the most appropriate for the Core Area and intended to further the goals and policies of the Core Area Plan. 5. Does the zoning regulation consider the reasonable provision of adequate light and air? The B-3 Zoning District provides for development standards similar to Main Street. The proposed standards are consistent with an urban environment and provide the most efficient use of space within an infrastructure deficient area. There are also additional standards provided for within the zoning ordinance that will assure development, provide for parks, landscaping, parking, etc. that provide reasonable provisions of adequate light and air. 6. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The proposed amendment would have minimal impact on those services. Any development or redevelopment is reviewed by the city's site review committee to ensure any impacts to the public infrastructure are adequately addressed. 7. Does the zoning regulation consider the character of the district and its peculiar suitability for particular uses? The railroad tracks run east to west through the center of the Core Area reflecting upon a time that the city was reliant upon rail industry. Since the 1970's the land along the tracks has been changing from a rail -served area to commercial and residential uses. There has been a lack of a coherent plan resulting in development in the area that has no development pattern. Currently, there is not a zoning district within the Kalispell Zoning Ordinance that provides the appropriate uses and standards to implement the Core Area Plan. The B-3 Zoning District is a hybrid of the B-2, B-4 and B-5 zones and includes uses and standards that are intended to implement the Core Area Plan's vision. 8. Does the zoning regulation consider conserving the value of buildings? The value of buildings within the Core Area will be enhanced by the B-3 Zoning District, which provides for increased development opportunities of properties. As it stands, development of properties within the core area is limited by the rail tracks. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality? The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. The only area of the municipality that will be affected by the proposed B-3 Zoning District is the Core Area. The B-3 Zoning District provides for the most appropriate zoning and provides the tools necessary to implement the goals and policies of the Core Area Plan. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-16-01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. Appendix B - 1 APPENDIX B TABLE OF USES ALLOWED BY ZONE REVISED USE CATEGORIES M N Residential Uses Bed and breakfast P P P Day care - home (12 or fewer) P P P Day care - center (13 or more) P P P Dwellings - single family P P P Dwellings - duplex P P P Dwellings - townhouse (2 attached units) P P P Dwellings - townhouse (3 or more attached units) p C C Dwellings - multi -family P C C/P Group home - 8 or fewer persons C C C Group home - 9 or more persons C C C Guest House Home occupations P P P P Mobile home park Residential care home or facility C C C Safe houses P P P P Public, Civic & Institutional Uses Aircraft hangers Airports and heliports Assembly halls/stadiums/convention hall facilities (includes auditoriums and racetracks) C C C C Bus station P P P P Cemeteries, mausoleums and columbariums Church P P P P Community center P P P P Energy production Fairgrounds (public) P P P P Golf courses Homeless shelters C C C Appendix B - 2 REVISED USE r� N CATEGORIES Hospital (including treatment centers and 24 hour care facilities) Jail facilities P P P P Police and fire stations P P P P Libraries, museums and P P P P similar cultural facilities Parks P P P P Post office P P P P Pre-release centers and private 'ail facilities C Schools — K-12 (private) Schools — K-12 (public) P P P P Schools — post secondary (private) Schools — post secondary P P P (public) P Schools — commercial P P P P Telecommunication towers, cellular communication towers (including radio, TV, C internet, phone and cable providers) Utilities (primary distribution C C C C site) Retail, Service & Business Uses Athletic club P P P P Auctions, indoor P P Auto (RV, boats, motorcycles) sales and/or C P C P repair C P Auto or vehicle body shops Auto parking - surface P P P P Auto parking - structure P C C Auto rental, limo, shuttle P P (taxi) services P Auto service station P P C P Bakery P P P P Banks and financial P P P institutions P Barber and beauty services P P P P Bars, taverns and clubs AC AC AC P Appendix B - 3 Campground/RV parks C Car wash, auto detailing shop P P P P Casino (refer to Section C C C C 27.34.040) Catering establishments P P P P Food bank P P P P REVISED USE CATEGORIES e? e Funeral homes and P P P P crematoriums Greenhouses, nursery centers P and landscaping materials P P P P p Hotel, motel Janitor services P P Laundromats or dry cleaners P P P P Lumber/building material sales (with/outdoor P P display/storage) P P P p Media (newspaper, radio, TV) Media, towers and facilities P P P (accessory) P Microbreweries P P P P Office - P P P P professional/governmental Office - medical with limited P P P P overnight stay Pack and ship shops P P P P Photographic studio P P P P Print and copy shops P P P P Recreation area, indoor P P P P Recreation area, outdoor C C P Rental service stores and P P yards Repair shops (appliance) C P P Repair shops (clothing, P P P P electronics) Restaurants P P P P Retail business P P P P Retail, limited Sexually oriented business Shooting/archery - indoor AC AC P Shooting/archery - outdoor C (archery only) Appendix B - 4 Small engine sales, service and repair C P P Tattoo parlor P P P P Theaters P P P P Veterinary clinic - small animals P P P P Veterinary clinic - large animals P REVISED USE CATEGORIES Industrial Uses Aircraft maintenance/repair Art foundry, metal sculpture, molding and casting P Asphalt batch plants Assembly - light n P P Assembly - heavy Auction yards, livestock Auto wrecking/salvage yards Contractor's storage yard C P Extractive industries Farm machinery assembly, repair and sales P Feed/seed/processing/cleaning C Fertilizer, bulk sales P Film production studios P P Food processing - light P P Food processing - heavy Forest products and manufacturing Foundry and metal fabirication plants Fuel oil/gas/petroleum products, bulk storage/sale C Glazier P Grain elevators C HVAC/electrical/plumbing, sales/service C P P Heavy equipment sales/service P Appendix B - 5 Kennels, animal shelters AC AC Laboratories, tech research, P P P development and testing Landfills Laundries/dry cleaning plants P Manufacturing - light (no P P smoke, fumes, odor, dust) Manufacturing - heavy Manufactured home sales lot Mini-storage/recreation AC AC vehicle storage Rail Industrial Park REVISED USE M N CATEGORIES Monument manufacture and P sales Recycling center C Scrap processing yard (recycle/metal yard) Taxidermy facilities P Technology - research, design, engineering and P P telecommunication facilities P Truck and trailer rental Truck terminal P Utility storage yards and C associated offices Warehousing and distribution P Woodworking shops, mill P works Agricultural Uses Agricultural and horticultural uses U �c �y � o 0 0 0 0 o N �� •� � U � U WUx U V') kn Vl V') Vl Vl z z w w x w waz� Wooer awwAwww= waU° worS.=zzo4zZu 0