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I4. Ordinance 1771 - Second Reading - Zoning Ord AmendmentsPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 wwwAalispell.com/planning PLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager f-- FROM: PJ Sorensen, Planner SUBJECT Ordinance 1771 — Second Reading - General Zoning Updates MEETING DATE: June 6, 2016 BACKGROUND: As part of a continuing effort to update the zoning ordinance, staff has compiled a list of minor amendments to the ordinance. The amendments were placed into fifteen general groupings and were discussed at a work session held by the Planning Board on March 8, 2016. A public hearing was held before the Board on April 12, 2016. No comments were received, and the Board sent a recommendation of approval to the City Council on a 7-0 vote. The City Council held a work session on April 25, 2016, to discuss the proposals and directed staff to schedule the matter for the May 2, 2016, regular City Council meeting for consideration. At that meeting, the item related to short term residential rentals was separated for discussion at a work session and the remaining 14 amendments were tabled. On May 16, 2016, these amendments were taken off the table, and the first reading of the ordinance was approved on a 7-1 vote. Below is a short description of the proposed amendments. The full text of each amendment is attached to this report. Proposed Amendments: (1) Increase maximum heights in all H, B, I and P zones. Currently, the maximum heights in these zones are 35 — 40 feet by right, and generally 60 feet with a conditional use permit (unlimited height with a CUP in the B-4/downtown zone). Historically, the maximum height in town was based primarily on the height of the fire department's ladder truck. This began to change about 15 years ago with a greater focus on fire codes during the construction of buildings. From a planning perspective, the additional height allows for more beneficial and efficient use of land. As such, staff recommends increasing the maximum allowable height in these zones to 60 feet; and allowing any height with a conditional use permit that allows a public review of any building over 60 feet. The Fire Chief, Dave Dedman, was contacted and supports the amendment. (2) Increase the maximum height in the RA-1 zone. The maximum height in the RA-1 (Residential Apartment) zone is currently 35 feet. The other apartment -based zone (RA-2) is 40 feet. Increasing the height in the RA-1 zone to 40 feet is recommended to make it equal to the RA-2 zone. There would not be the option of additional height with a CUP in this zone. The Fire Chief was contacted and supports this amendment. (3) Eliminate the current CUP requirements for additional height. The current ordinance has a calculation for additional height that essentially creates a building envelope. In addition to setbacks from R and RA zones, the additional height requires additional setbacks from the property lines. The calculation, which can be complicated, can inhibit overall site design for a project. (4) Accessory structure setbacks. One of the issues faced by many homeowners, particularly in the older part of town, is that 5 foot setbacks for sheds, garages, etc., have a significant impact on the usable size of their backyard. The 5 foot strip created by those setbacks tends to not be maintained. Accessory structures generally have smaller visual imprints on adjoining properties; and eliminating the side and rear setback (except for rear setbacks when the garage door faces the alley) would lead to more usable backyards and eliminate the difficult to maintain strips along the structures without significantly increasing impacts on neighboring properties. While we currently have no setback for smaller structures of this type, this amendment would increase the size limit from 200 sq. ft. to 400 sq. ft. Additionally, the reduced side setback would only apply to the rear of the principal structure to avoid zero setbacks in the front yard area, which would not be characteristic of, or conducive to, typical residential neighborhoods. (5) Clarify the ability to locate cellular service antennae. The current ordinance allows cellular towers in a few specific zones with construction occurring only with a conditional use permit. In recent years the industry has tried to meet the increasing demand for its services by locating antennae on existing structures. Besides existing towers, buildings and other structures can host the antennae, often in manners that they are barely noticeable. The City has interpreted the ordinance to allow the location of antennae on structures that are otherwise allowed under the zoning standards. For example, an antenna might be placed on an office building in a commercial zone provided that it doesn't exceed the maximum height in the zone. This approach has recognized that improving cellular infrastructure is beneficial to the public and that the more co -location options available, the fewer towers necessary. The proposed language would require that steps be taken to camouflage the antennae when it extends beyond the building envelope. (6) Clarifying size requirements for site built as opposed to manufactured homes. The current zoning ordinance is intended to allow both site built homes and manufactured homes and contains several design requirements. Among those requirements is a minimum 20 foot width. The current language contains some ambiguity about whether the width applies to both types of homes. The proposed language would more clearly apply this width requirement to manufactured homes only. (7) Reducing the required parking for multi -family dwellings. The current ordinance generally requires two parking spaces for a single-family residence as well as two spaces per unit for an apartment building. While two or more spaces for a single-family residence is appropriate, we have found that two per unit for an apartment building is more than is 2 necessary and leads to wasted space that could be better used for other purposes. Other city rules, such as impact fee calculations recognize that apartments tend to have fewer residents per unit. We are proposing to reduce the requirement to 1.5 spaces per dwelling unit in multi- family dwellings. (8) Clarify existing language within the off-street parking design chapter to provide more consistency. The current ordinance uses the terms "lot," "spaces," and "facility" interchangeably. This proposal would amend the chapter to use the terms more consistently. It also adds a definition of "parking lot" to reduce vagueness and ambiguity regarding the application of the chapter. (9) Change the measurement line for site lighting from the right-of-way line to the curb line. In the outdoor lighting regulations, there are maximum foot-candle levels at the property lines. As it relates to the right-of-way, the intent is to reduce the light in drivers' eyes. However, when using the right-of-way/property line as the measure, a rough edge is created where there are sidewalks that could be better lit. By changing the measurement line to the curb line, the purpose of reducing light facing drivers can be maintained while having better lighting for sidewalks. (10) Changing the responsibility of providing property ownership lists from the applicant to the City. Historically, the City has required that applicants obtain a certified property owners list from either the County Clerk & Recorder/GIS Department or from a title company whenever adjoining properties are to receive notices. Well over 90% of applicants went through the County to acquire this list. Due to a recent change in state law, the county no longer provides property owner lists. The City has access to the same GIS information and can put together the lists instead of requiring applicants to contract with a title company to obtain the information. This amendment would put the requirement on the City Planning Department to assemble the adjoining property ownership lists. (11) Explicitly including doggie day-care within the definition of kennels. The definition of "kennel" is broad enough to encompass doggie day -cares. It would be helpful, however, to explicitly include doggie day -cares within the definition to remove any ambiguity. (12) Reduce the amount of required off-street parking in the new B-3 (Core Area -Business) zone by 50%. Throughout the city in general, each land use has a certain minimum amount of required parking spaces that it must provide, usually based on the number of units for residential uses or square footage for commercial uses. In the downtown, those requirements are modified to reflect the unique objectives in the core downtown area. There are currently three special parking overlays that reduce required parking: (1) one overlay reduces parking requirements by 50% for certain permitted/conditionally permitted uses in the R and RA zones near downtown in order to lessen the need to demolish existing homes for parking lots; (2) another overlay uses a single parking ratio for all uses as a way to encourage re -use of existing buildings; and (3) in the historic downtown, no parking is required due to the reality that properties are mostly covered by structures and encouraging redevelopment is a goal in this area. As was discussed with the adoption of the new B-3 zone, the zone is intended to implement the Core Area Plan. The zone includes reductions in setbacks and other development standards as an incentive for businesses to locate in the area. (13) This item, related to short term residential rentals/VRBOs, was removed by the Council for separate consideration. (14) Expanding microbrewery uses to include wineries, distilleries, and tasting rooms. When the new B-3 Core Area zone was discussed at City Council in early March, the Council wanted to include wineries, distilleries, and tasting rooms in the B-3 zone in addition to microbreweries. The proposed text was amended by Council to expand the "microbrewery" category. Without also changing the text elsewhere in the ordinance, the implication would be that the other uses would only be allowed in the B-3 zone. This amendment would allow those uses on the same basis as microbreweries in the zones where they are allowed. (15) Clarify existing language relating to casinos. The Planning Board and City Council recently undertook an extensive review and amendment of the casino regulations in the zoning ordinance. This amendment is an effort to smooth out the language changes and better integrate them into the structure of the ordinance by including "Casino' and "Casino — accessory" categories in the chapters; listing uses in each zone and some minor wording changes. RECOMMENDATION: It is recommended that the Kalispell City Council move to approve the first reading of Ordinance 1771. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny one or more of the amendments, or hold some of the amendments for further study. ATTACHMENTS: Ordinance 1771, Amending City Zoning Regulations Staff Report Text of proposed amendments Minutes of April 12, 2016 Planning Board Meeting Report compiled: May 24, 2016 c: Aimee Brunckhorst, Kalispell City Clerk 11 ORDINANCE NO. 1771 AN ORDINANCE AMENDING CERTAIN PORTIONS OF THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677) AT THE KALISPELL MUNICIPAL CODE SECTIONS AS SET FORTH IN EXHIBIT "A", REGARDING THE INCREASE OF MAXIMUM HEIGHTS IN ALL H, B, I AND P ZONES, INCREASING THE MAXIMUM HEIGHT IN THE RA-1 ZONE, ELIMINATING OF THE CURRENT CUP REQUIREMENTS FOR ADDITIONAL HEIGHT, AMENDING ACCESSORY STRUCTURE SETBACKS, CLARIFYING THE ABILITY TO LOCATE CELLULAR SERVICE ANTENNAE, CLARIFYING SIZE REQUIREMENTS FOR SITE BUILT AS OPPOSED TO MANUFACTURED HOMES, REDUCING THE REQUIRED PARKING FOR MULTI -FAMILY DWELLINGS, CLARIFYING EXISTING LANGUAGE WITHIN THE OFF-STREET PARKING DESIGN, CHANGING THE MEASUREMENT LINE FOR SITE LIGHTING FROM THE RIGHT-OF-WAY LINE TO THE CURB LINE, CHANGING THE RESPONSIBILITY OF PROVIDING PROPERTY OWNERSHIP LISTS FROM THE APPLICANT TO THE CITY, EXPLICITLY INCLUDING "DOGGIE DAY-CARE" WITHIN THE DEFINITION OF KENNELS, REDUCING THE AMOUNT OF REQUIRED OFF-STREET PARKING IN THE NEW B-3 (CORE AREA -BUSINESS) ZONE BY 50%, EXPANDING MICROBREWERY USES TO INCLUDE WINERIES, DISTILLERIES, AND TASTING ROOMS, CLARIFYING EXISTING LANGUAGE RELATING TO CASINOS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, from time to time it is prudent for City staff and the City Council to review and amend its land use ordinances to reflect current trends and beneficial land use policies that are in the best interests of the City's residents and guests; and 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 those various land use matters set forth above; 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 be amended as set forth in Exhibit "A" attached hereto and fully incorporated herein by this reference; and WHEREAS, the City Council has fully considered the public comment received, both written and oral, reviewed and considered the Kalispell Planning Department Report as amended 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 # K7-TA-16-02, as amended, as the Findings of Fact to be applied 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 set forth fully on Exhibit "A" attached hereto and fully incorporated herein by this reference. 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 JUNE, 2016. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" CHAPTER 27.09 RA-1 RESIDENTIAL APARTMENT Sections: 27.09.040: Property Development Standards. (4) Maximum Building Height (ft): 33 40 CHAPTER 27.11 H-1 HEALTH CARE Sections: 27.11.040: Property Development Standards. (4) Maximum Building Height (ft) - 40 60 (60 unlimited with Conditional Use Permit) - Hospital 60 CHAPTER 27.12 B-1 NEIGHBORHOOD BUSINESS Sections: 27.12.030: Uses Which May Be Permitted By Conditional Use Permit. (9) Microbreweries, wineries, distilleries, and tasting rooms 27.12.040 Property Development Standards. (4) Maximum Building Height (ft): 3-5 60 (unlimited with conditional use permit) CHAPTER 27.13 B-2 GENERAL BUSINESS Sections: 27.13.020: Permitted Uses. (34) Microbreweries, wineries, distilleries, and tasting rooms 27.13.030: Uses Which May Be Permitted By Conditional Use Permit. (6) Casino-accessory (refer to Section 27.34.040) 27.13.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.14A B-3 CORE AREA - BUSINESS Sections: 27.14A.030: Uses Which May Be Permitted By Conditional Use Permit. (6) Casinos -accessory (refer to Section 27.34.040) CHAPTER 27.14B B-4 CENTRAL BUSINESS Sections: 27.14B.020: Permitted Uses. (25) Microbreweries, wineries, distilleries, and tasting rooms 27.14B.030: Uses Which May Be Permitted By Conditional Use Permit. (6) Casino -accessory (refer to Section 27.34.040) 27.14.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.15 B-5 INDUSTRIAL -BUSINESS Sections: 27.15.020: Permitted Uses. (42) Microbreweries, wineries, distilleries, and tasting rooms 27.15.030: Uses Which May Be Permitted By Conditional Use Permit. (2) Casino (refer to Section 27.34.040) (3) Casino -accessory (refer to Section 27.34.040) 27.15.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (64 unlimited with Conditional Use Permit) CHAPTER 27.16 I-1 LIGHT INDUSTRIAL Sections: 27.16.020: Permitted Uses. (36) Microbreweries, wineries, distilleries, and tasting rooms 27.16.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (64 unlimited with Conditional Use Permit) CHAPTER 27.17 I-2 HEAVY INDUSTRIAL Sections: 27.17.020: Permitted Uses. (33) Microbreweries, wineries, distilleries, and tasting rooms 27.17.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.18 P-1 PUBLIC Sections: 27.18.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.20 SUPPLEMENTARY REGULATIONS Sections: 27.20.020 Accessory Uses 27.20.025 Airport Affected Area 27.20.027 Cellular Service Antennae Location 27.20.030 Exceptions to Height Regulations 27.20.020: Accessory Uses. In addition to any permitted or conditionally permitted principal uses, accessory uses and structures are permitted as set forth in this section. (2) Standards for accessory uses and structures. The following is a list of restrictions on accessory uses and structures: (a) Setbacks. Front Side Rear Side Corner Accessory Structures See setback 5 ft 5 ft See setback for (larger than 4200 for principal principal square feet) in all structure structure zones except B-4 Accessory Structures See setback 5 ft (N/A if N/A See setback for (4200 square feet or for principal to the rear of principal the principal less) in all zones structure structure except B-4 structure B-4 N/A N/A N/A N/A When a garage or carport is entered from an alley, it shall not be located closer than ten feet from the alley right-of-way line. When a garage or carport is entered from any other public or private right-of-way, it shall not be located closer than twenty feet from the right-of-way line unless a greater setback is provided for under the particular zoning district development standards. (b) In R and RA zones, accessory structures shall not exceed 18 feet in height and are limited to single story construction. Accessory structures in other zones shall not exceed the maximum height for principal structures as provided under the particular zoning district development standards. (c) No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory. (d) Accessory structures shall be limited to no more than 1000 square feet in size. 27.20.027 Cellular Service Antennae Location. Cellular service antennae may locate on any existing or proposed structure that is otherwise allowable pursuant to the regulations applicable to that district, provided that the antennae does not extend above or beyond the envelope of the structure without taking steps to visually camouflage its presence, such as within belfries, chimneys, elevator housings, or similar architectural features that would customarily be a part of the structure and tend to add to the architectural character of the structure. 27.20.110: Single Family and Duplex Dwellings — Design Standards. The purpose of this section is to promote public health, safety and welfare and to ensure neighborhood compatibility by establishing minimum standards for single family dwellings and duplexes. All single family dwellings and duplexes shall comply with the following standards: (1) As used in this section, a manufactured home means: (a) A single family dwelling, built off site in a factory on or after January 1, 1990; (b) That is placed on a permanent foundation; (c) Is at least 1,000 square feet in size; (d) Has a pitched roof and siding materials that are customarily used on site -built homes; and (e) Is in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of its production. (2) All single family dwellings and duplexes must be site built or manufactured homes_. Manufactured homes and must: (a) Be a minimum of 20 feet at the narrowest width; (b) For factory assembled housing, have all tow bars, wheels and axles removed at time of installation; (c) Be placed on a permanent foundation that meets applicable building code requirements; and (d) Have not been previously located. (3) Site built homes may be moved as follows: (a) To a different location on the same parcel; (b) From one lot in the city to a different lot; or (c) From outside the city to a lot inside the city. CHAPTER 27.24 OFF-STREET PARKING DESIGN STANDARDS Sections: 27.24.020: Required Parking for New Construction, Expansions, and Change of Use. No building permit shall be issued within the city limits for the construction or enlargement of any building or structure nor shall said permits be issued for the change of use of any building or structure unless the requirements established by this ordinance regarding off-street parking afeas are satisfied. Whenever any building is enlarged, off-street parking shall be provided for said addition. -wWhenever a change of use is proposed, the number of required parking spaces shall be reviewed. . The requirement for additional spaces shall equate to the difference between the number of parking spaces required for the existing use and the proposed use. 27.24.030: Design. (1) Size. A parking space is typically nine (9) feet wide and twenty (20) feet deep (See Appendix A for minimum parking lot requirements). In cases where stacking spaces are required or otherwise provided, each stacking space shall be a minimum of nine (9) feet wide and twenty (20) feet deep. (2) Location. Off-street parking €acAlities lots shall be located as hereinafter specified. When a distance is specified, such distance shall be in walking distance measured from the nearest point of the parking €aeility lot to the nearest point of the building that such facility is required to serve. Parking lots, including both spaces and maneuvering area(s)= shall be located entirely outside of a public and/or private right-of-way, except single family residential and duplexes, which may utilize driveways as a maneuvering area provided that the parking for separate units within a duplex does not conflict. For any use other than single family residential and duplexes, parking spaces which back into an alley shall be set back ten (10) feet from the alley right-of-way line. (a) For single family, duplex, and multifamily residential dwellings: Off-street parking is required on the same lot with the building it is required to serve. (b) For all other uses not herein specified: Off-street parking is required within 300 feet from the zoning lot it is required to serve and must be located within the same zoning classification as the use intended to be served. Noncontiguous lots shall not be used for off-street parking in the R and RA zoning districts. See section 27.24.040(3) regarding requirements for off -site parking. (c) ReEptifed pParkLng spaces shall not be located in any required front, side corner, or side yard, except one required off-street parking space for each single family residential use, or one space for each unit within a duplex, may fall into the front yard or side corner yard setback. In addition, multi -family dwelling units not served by an alley may place one off-street parking space per dwelling unit in the required front yard setback area. No parking space in the front or side corner yard shall extend to within five feet of the property line (except that parking spaces associated with single family residences or duplexes do not have a required setback, provided that the full 20 foot length of the parking space is located entirely outside of the right-of-way). m m 0 m Figure 9: Parking Lots _.____--property line 171 -------------------------------� r � r � r r4 t � r i 1 _L� ; landscape buffer x i inside property line C property line r street a boulevard 10' Clear Vision i Triangle at Drive Entrances andscape buffer --sidewalk - - centerline of street - - - Clear Vision Triangle at Street Intersection (d) Required pParkingspaces may be allowed to locate within the front and side yard setbacks in the following sections: In R-5 and RA-2 zones: a. Parking spaces shall be setback ten feet of from the front lot line and five feet of the 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. (Figure 9) C. Parking spaces are allowed in the side yard setback as long as a sight obscuring fence is constructed along the side lot line obscuring the presence of the parked vehicles to the extent fencing is otherwise permitted under this ordinance. This requirement may be waived where this 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.) 2. In B-1, B-2, B-3, BA B-5, H-1, I-1, I-2, and P-1 zones: a. Alleahieles will be allowed te paFk within Parking spaces shall be setback five feet of from 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. Vehieles will be allowed to pffk Parking spaces are allowed 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.) (e) Location of parking spaces within a lot are subject to clear vision triangle requirements. (Figure 9) (3) Plans. A plan of the proposed off-street parking €aeility lot shall be submitted along with the application for the building permit for the use the off-street parking is required to serve. Said plan shall clearly indicate curb cuts, lighting, landscaping, construction details, fencing, striping, surfacing materials, pedestrian circulation, snow storage areas and other features which may be required by the Zoning Administrator or the Site Development Review Committee. When off-street parking spaces are required, the parking area lot shall be designed in accordance to the standards of Figure 1, Appendix A. (a) All traffic control devices such as parking stripes, directional arrows, wheel stops, curbs and other developments shall be installed and completed as shown on the approved plans. (b) Upon review of any permit application with the city involving existing structures, the parking area design of the affected use shall be reviewed to gain substantial compliance with these regulations. (c) For driveways and driving aisles where parking spaces do not back into the driving lane, the minimum dimensions are as follows: 1. Single-family and duplex: 10 feet 2. Multi -family: 10 feet per lane (10 feet for one-way aisles and 20 feet for two-way aisles) 3. Other uses: 12 feet per lane (12 feet for one-way aisles and 24 feet for two-way aisles) (4) Construction. All off-street parking spaces lots and associated access areas shall be improved with asphalt or concrete or a comparable permanent hard surface. (5) Drainage. All off-street parking areas lots shall be designed and constructed to allow proper drainage in accordance with and subject to public works procedures and standards. (6) Landscaping and Screening. All parking areas afid hie!@ salesaFeas- lots (excluding single family residences and duplexes) shall meet the following conditions. Any landscaping is subject to clear vision triangle requirements. See also: required landscape buffer requirements listed in section in 27.24.030(2)(d). (a) A minimum of 5% of the total interior parking lot area (excluding any landscape buffer) shall be landscaped for any parking lot ^r- vehiele sales are with ten (10) or more spaces. (b) The perimeter landscape buffer along a street shall consist of planting materials or planting materials and man-made features to create a visual relief in the form of a hedge, fence, planter box, berm, dividers, shrubbery, grass or trees, or a combination of the above. Perimeter landscaping shall not include round river rocks, gravel, or similar non -vegetative treatments. Perimeter landscaping adjoining a landscaped boulevard shall be designed in cooperation with the city parks director. (c) A performance bond may be required to ensure compliance with this section and to cover maintenance for a period not to exceed one year after time of planting. (Figure 9) (7) Lighting. Any lights provided to illuminate any public or private parking lot area E)r vehiele sales are shall be designed in accordance with the Outdoor Lighting Standards contained in Chapter 27.26 of these regulations. 27.24.040: Special Provisions. (1) Nonconforming Uses. Nothing in this ordinance shall be deemed to prevent the voluntary establishment of off-street parking €aeilities lots to serve any existing use of land or buildings even though nonconforming; provided, that all regulations herein governing the location, design, and operation of such facilities are adhered to. (2) Mixed Occupancies. In the case of mixed uses, the total requirements for the various uses shall be computed separately. Where a lot contains one or more buildings containing three or more separate commercial businesses developed and managed as a unit, the parking ratio for "Shopping Center" may be applied to the property as a whole. (3) Off -Street Parking and Joint Use. The Zoning Administrator may authorize off -site parking facilities for the following uses or activities under conditions specified: (a) Off -Site Parking. Off -site parking areas lots are typically off -site lots utilized solely for parking by the lot being served. The off -site parking lot must abut a public or private street or alley and shall be owned or leased by the owner or lessee of the lot being served. Such parking lot shall have a recorded land covenant and easement which requires such land to be maintained as a parking lot so long as the building and/or use served is in operation or until another suitable parking area is established to the satisfaction of the Zoning Administrator. Off -site parking afeas lots may also be developed as shared parking lots with another use provided that both the lot being served and the lot where the parking is located satisfy the minimum number of required parking spaces. (b) Joint Use. Up to 50% of the parking €aeilitiesspaces required by this ordinance for primarily "night time" uses such as theaters, bowling alleys, bars, restaurants and related uses, may be supplied by certain other types of buildings or uses herein referred to as "day time" uses such as banks, offices, retail and personal service shops, clothing, food, furniture, manufacturing or wholesale and related uses. 2. Up to 50% of the parking €aoilities spaces required by this ordinance for primarily "day time" uses may be supplied by primarily "night time" uses. 3. Up to 100% of the parking €armies spaces required by this ordinance for a church building or for an assembly facility incidental to a public or private school, may be supplied by the off-street parking €aeifities lots provided by uses primarily of a "day time" nature. (c) Conditions Required for Joint Use. The building or use for which application is being made to utilize the off-street parking €aedities lot provided by another building or use shall be located within 300 feet of such parking €acuities lot in addition to which: The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking €amities lot is proposed; and 2. The applicant shall present to the Zoning Administrator a properly drawn legal instrument to be recorded with the county clerk and recorder, executed by the parties concerned for joint use of off-street parking facilities and approved as to form and manner of execution by the city attorney; such instrument to be filed with the Zoning Administrator. (4) Access Standards. Access to businesses, service stations, roadside stands, public parking lots and all other businesses requiring motor vehicle access shall meet the requirements as hereinafter provided or as prescribed by the State of Montana pursuant to the Approach Standards for Montana Highways (whichever requirements are greater). (a) Fences, walls, landscaping, or other obstructions to view which are higher than 30 inches (measured from the level of the established top -of -street curb grade or, if there is no curb, the adjacent street level) shall not be located in any area within the isosceles triangle having sides of 10 feet along the edge of a private drive/parking lot access and along (i) the inside edge of the sidewalk, or (ii) if there is no sidewalk, the curb line. (b) Access onto public rights -of -way shall be controlled and be limited to no more than two approaches per 100 feet. (c) Parking areas lots and driveways serving €ear three or more dwelling units and all other uses shall be arranged to permit vehicular traffic to move into and out of parking areas lots, driveways, and ramps without the backing of any vehicle onto a street or highway. (d) Parking areas lots, driveways, maneuvering aisles, ramps, and turnaround areas shall be kept free and clear of obstructions at all times. (e) In all cases where there is an existing curb and gutter or sidewalk on the street, the applicant for a permit shall provide a safety island (boulevard) along the entire frontage of the property, except in the area of the permitted driveways if required by the Site Development Review Committee. The boulevard shall be bounded by concrete curb, the height, location and structural specifications of which shall be approved by the Site Development Review Committee. (f) Where there is no existing curb and gutter or sidewalk, the applicant shall install such curb, gutter and sidewalk and, except for the driveways, shall install a landscaped boulevard along the entire length of the property line if required by the Site Development Review Committee. (g) No two driveway/access roadways shall be closer to each other than 12 feet on the same parcel, and no roadway shall be closer to a side property line than two feet. (6) Parking Districts: ... (d) B-3 (Core Area - Business). Property located in the B-3 zone shall have the minimum number of off-street parking spaces required under section 27.24.050 reduced by 50 %. 27.24.050: Minimum Standards By Use. (7) The following table provides minimum parking standards by use: Minimum Parking Standards By Use Residential: Single Family Residence, Accessory Single Family, and Duplex: 2 spaces per unit. Multi -family: 1 space per efficiency unit and -2-1_5 spaces per units with one or more bedrooms. Bed and Breakfast: 2 spaces plus .5 per sleeping room. Rooming Houses and Dormitories: Minimum of 1 space per sleeping room (more may be required under the conditional use permit process). Shelters, Public and Private: 1 space per 5 occupants. Convalescent or Nursing Homes for Aged, Disable or Handicapped: 1 space per 8 beds plus 1 space per employee/maximum shift. Elderly Housing (projects qualifying under federal regulations) and Assisted Living Complexes: 1 space per 2 dwelling units. CHAPTER 27.26 OUTDOOR LIGHTING STANDARDS Sections: 27.26.040 Specific Standards: (2) The level of lighting shall not exceed 0.3 foot candles at any residential property line or 1.0 foot candles at any non-residential property line, except that the measurement along any right-of- way shall be taken from the curb line, or, if there is no curb, the edge of the asphalt. Measurements shall be taken from ground level. If a side or rear property line is adjacent to a parking lot, the maximum foot candle measurement may be exceeded provided that the increase is otherwise designed to meet the intent of this ordinance. CHAPTER 27.29 ADMENDMENTS AND CHANGES Sections: 27.29.030: Hearing for Amendment. The Zoning Commission shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. (3) Names and addresses of adjoining property owners will be provided to assembled by the city planning department by the i;, ant and will be ee ft;f:oa by the , my elerk and , a > CHAPTER 27.33 CONDITIONAL USE PERMITS 27.33.040: Administrative Conditional Use Permits (1) Administrative uses fall into three categories: (a) Designated as ACUP in the zoning district standards or otherwise 12rovided for in the ordinance; (b) Up to 25% cumulative expansions of non -conforming uses (see Section 27.23.030); and (c) Up to 25% cumulative expansions of existing CUPS. CHAPTER 27.34 ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES Sections: 27.34.020 Bed and Breakfast 27.34.030 Building Height (Additional) 27.34.040 Casinos s•.u.i ....t.,a.0 above u a.i uivre c.scavrr sethaek line at an elevation eqaal to the elevation at fiatufa4 gfade at the nearest ' i , on the pr=pefty lire plus themaximum height allowed in the zoning distriet (Figure 27.34.040: Calculating additional building height allowance (based on a 40 foot maximum building height) C'0 additional building height 0o 0o o0 natural grade —� property line property line natural grade —setback line —setback line Casinos (1) Casinos shall be a minimum of 600 feet from churches, schools, parks, city residential zones, federal highway, and other casinos, measured from property line to property line, or from the right-of-way of a federal highway. (2) Accessory C—casinos may be located closer than 600 feet from churches, schools, parks, city residential zones, federal highway, and other casinos, measured from property line to property line or from the right-of-way of a federal highway. An accessory i-the casinos considered of), use and shall meets the pafameters requirements of both Seetions 3 & n below this section. (4 3) A casino is considered miner accessory we to a primary use if the primary use (e.g. restaurant or bar, but not shopping center or other multi -use designation) and its associated facilities constitute at least 80% of the proposed floor space and the casino constitutes no more than 20% of the proposed use. In addition, the an accessory casino is generally shielded or screened from view of the primary use and patrons. ,,- 4) -either a casino or an The following design standards as appropriate may be placed on the accessory, casino: (a) Limiting or prohibiting the on -premise signage or building from using the following: 1. Any terms such as gaming, gambling, cards, dice, chance, etc. 2. Any reference to any associated activity or any symbols or words commonly associated with gaming. 3. Any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. 4. Neon Lighting. (b) Limiting the number and location of entrances into the casino. (c) Increasing landscaping requirements in order to create a buffer between the casino and adjacent land uses. CHAPTER 27.37 DEFINITIONS Sections: 27.37.010: Definitions. (92) Kennel, Animal Shelters. The boarding, breeding, raising, grooming, or training of five or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain. Doggie day -cares and similar uses are included within this definition. (136) Parking lot. Any area used for the parking of one or more motor vehicles or used for the disvlav or storage of one or more motor vehicles, trailers, or other similar items. (renumber accordingly) (1-360)Residential. Regularly used by its occupants as a permanent place of abode, which is made one's home as opposed to one's place of business and which has housekeeping and cooking facilities for its occupants only. In situations where a dwelling is rented or leased, a residential use would involve lease periods of one month or more. APPENDIX B TABLE OF USES ALLOWED BY ZONE REVISED USE a a a a x a a CATEGORIES a ra ra as Casino (refer to Section G G C 27.34.040) Casino -accessory C C Microbreweries, wineries, j distilleries, and tasting P P P P P rooms O 0 0 oN 0 0 ^' 0 O O O O O O O O O N tr) O �n O cl' O kn kr) O W O [� O kr) tr) O kr) -� O N O kn 0 N � o O O N kn CL O'~ N of O a � + a) kr) M U y v] O O © O v O v) O v + � O oo �n O v O On U M O O �- in w N O O O O O N a O O O O O O O N [� O O U V] a O O O rq N N O O �" � F �A g..,A� aE �_ ai y '►�'^�wO� WW �� �►-� �.,xax U�U �x �,U xw� xUxw U �^�H °�°� w�A�� AO���awC-) -et� b ^ 4t7 �I .0,U 'z 00 00 00 U z 00 00 00 u 'z o 6 1.6 N=4s�� glut 'z °'tea � � •al x �I � -ul U � d- � � �o N � of �i W) to W) CYI M M rt �D �D 1p 04 w � w a �Ax � zVxwxax wax a OZ � F., DC ► �O.-Mw woos 0-0 awwAwWWwAoww Z ur1,x �x a04u ww CITY OF KALISPELL — ZONING REGULATIONS KALISPELL PLANNING DEPARTMENT STAFF REPORT #KZTA-16-02 APRIL 12, 2016 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Zoning Ordinance to update and revise various sections of the zoning ordinance. The amendments have been placed into fifteen general groupings and were discussed at a work session held by the Board on March 8, 2016. A public hearing has been scheduled before the Planning Board for April 12, 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 As part of a continuing effort to make the zoning ordinance up-to-date and current, staff has compiled a short list of minor amendments to the ordinance. They are now being brought forward for a public hearing and formal review. The full text of each amendment is attached to this report. A. Petitioner: City of Kalispell P.O. Box 1997 Kalispell, MT 59903 (406) 758-7940 B. Area Effected by the Proposed Changes: Any property within the jurisdictional boundaries of the City of Kalispell may be affected by the proposed changes. C. Proposed Amendments: (1) Increase maximum heights in all H, B, I and P zones. Currently, the maximum heights in these zones are 35 — 40 feet by right, and generally 60 feet with a conditional use permit (unlimited height with a CUP in the B-4/downtown zone). Historically, the maximum height in town was kept low and based primarily on the height of the fire department's ladder truck. That began to change about 15 years ago with a greater focus on fire codes during the construction of buildings. From a planning perspective, the additional height often makes sense and allows for more beneficial and efficient use of land. Staff would recommend increasing the maximum allowable height in these zones to 60 feet and allow any height with a conditional use permit, which would allow for public review of any building over 60 feet. Fire Chief Dave Dedman was contacted and supports the amendment. (2) Increase the maximum height in the RA-1 zone. The maximum height in the RA-1 (Residential Apartment) zone is currently 35 feet. The other apartment -based zone (RA- 2) is 40 feet. For the same reasons why increasing the current height limits in the other zones makes sense, increasing the height in the RA-1 zone to 40 feet is recommended. Page 1 of 5 There would not be the option of additional height with a CUP in this zone. Fire Chief Dedman does support this amendment. (3) Eliminate the current CUP requirements for additional height. The ordinance has a calculation for additional height that essentially creates a building envelope. In addition to setbacks from R and RA zones, the additional height requires additional setbacks from the property lines. The calculation, which can sometimes be complicated, can discourage a better overall site design for a project. (4) Accessory structure setbacks. One of the issues faced by many homeowners, particularly in the older part of town, is that 5 foot setbacks for sheds, garages, etc have a significant impact on the size of their backyard. The 5 foot strip created by those setbacks also tend to either not be maintained or fill up with junk. Accessory structures generally have much smaller visual imprints on adjoining properties, and eliminating the side and rear setback (except for rear setbacks when the garage door faces the alley) would lead to more usable back yards and eliminate the difficult to maintain strips along the structures without significantly increasing any impacts on neighboring properties. After the work session, staff had further discussions regarding these setbacks and made two adjustments. First, the size limit for the reduced setback was increased to 400 sq ft (the ordinance currently is at 200 sq ft). Secondly, the reduced side setback would only apply to the rear of the principal structure to avoid zero setbacks in the front yard area, which would not be characteristic of or conducive to typical residential neighborhoods. (5) Clarify the ability to locate cellular service antennae. The ordinance allows cellular towers in a few specific zones. The towers can only be constructed with a conditional use permit. However, the industry in recent years has tried to meet the dramatically increasing demand for its services by locating antennae on existing structures. Besides existing towers, buildings and other structures can host the antennae, often in a manner that they are barely noticeable. The City has interpreted the ordinance (with the support of the Planning Board and City Council) to allow the location of antennae on structures that are otherwise allowed under the zoning standards. For example, an antennae might be placed on an office building in a commercial zone provided that it doesn't exceed the maximum height in the zone. The approach has recognized that improving the cellular infrastructure is beneficial to the public and that the more co -location options are available, the fewer towers are necessary. The proposed language would require that steps be taken to camouflage the antennae when it extends beyond the building envelope. (6) Clarifying size requirements for site built as opposed to manufactured homes. The language in the ordinance is intended to allow both site built homes and manufactured homes. Manufactured homes have certain parameters to distinguish them from mobile homes, which are only allowed in mobile home parks. The current language should be updated to clarify that the 20 foot width requirement is part of the design for a manufactured home, but not a site built home. (7) Reducing the required parking for multi -family dwellings. The ordinance generally requires two parking spaces for a single-family residence as well as two spaces per unit Page 2 of 5 for an apartment building. While two or more spaces for a single-family residence is appropriate, we have found that two per unit for an apartment building is more than is normally necessary and leads to wasted space that could be better used for other purposes. Other city rules, such as impact fee calculations, recognize that apartments tend to have fewer residents per unit. We are proposing to reduce the requirement to 1.5 spaces per dwelling unit. (8) Clarify existing language within the off-street parking design chapter to provide more consistency. The ordinance uses the terms "lot," "spaces," and "facility" interchangeably. This proposal would amend the chapter to use the terms more consistently. It also would add a definition of "parking lot" to reduce any perceived vagueness or ambiguity regarding the application of the chapter. (9) Change the measurement line for site lighting from the right-of-way line to the curb line. In the outdoor lighting regulations, there are maximum foot-candle levels at the property lines. As it relates to the right-of-way, the intent is to reduce the light in drivers' eyes. However, using the right-of-way/property line creates a rough edge where there are sidewalks that could be better lit. By changing the measurement line to the curb line, the purpose of reducing light facing drivers can be maintained while having better lighting for sidewalks. (10) Changing the responsibility of providing property ownership lists from the applicant to the City. Historically, the City has required that applicants obtain a certified property owners list from either the County Clerk & Recorder/GIS Department or from a title company whenever adjoining properties are to receive notices. Well over 90% of applicants went through the County. Due to a recent change in state law, the county no longer provides those lists. The City has access to the same GIS information and can put together the lists instead of requiring all applicants to contract with a title company to obtain the information. This amendment would put the requirement on the City Planning Department to put together the lists. (11) Explicitly including doggie day-care within the definition of kennels. The definition of "kennel" is broad enough to clearly encompass doggie day -cares, and we have always treated them as such. It would be helpful, however, to explicitly include doggie day -cares within the definition to remove any ambiguity that may exist. (12) Reduce the amount of required off-street parking in the new B-3 (Core Area - Business) zone by 50%. Throughout the city in general, each use has a certain minimum amount of required parking spaces that it must provide, usually based on the number of units for residential uses or square footage for commercial uses. In the downtown area, those requirements are modified to reflect the unique objectives in the core downtown area. There are currently three special parking overlays that reduce required parking: (1) one overlay reduces parking requirements by 50% for certain permitted/conditionally permitted uses in the R and RA zones near downtown in order to lessen the need to demolish existing homes for parking lots; (2) another overlay uses a single parking ratio for all uses as a way to encourage re -use of existing buildings; and (3) in the historic Page 3 of 5 downtown area, no parking is required due to both the reality that properties are mostly covered by structures and the goal of encouraging redevelopment in the area. As the board discussed with the adoption of the new B-3 zone, the zone is intended to implement the Core Area Plan. The zone includes reductions in setbacks and other development standards as an incentive for businesses to locate in the area. At the work session, the Board supported a 50% reduction. (13) This item, related to short term residential rentalsNRBOs, was removed by the Council for separate consideration. (14) Expanding allowed microbrewery uses to include wineries, distilleries, and tasting rooms. When the new B-3 Core Area zone was discussed at City Council in early March, the Council wanted to include wineries, distilleries, and tasting rooms in the B-3 in addition to microbreweries. The proposed text was amended by Council to expand the "mircobrewery" category. Without also changing the text elsewhere in the ordinance, the implication would be that the other uses would only be allowed in the B-3. This amendment would allow those uses on the same basis as microbreweries in the zones where they are allowed. (15) Clarify existing language relating to casinos. The Planning Board and City Council recently undertook an extensive review of the casino regulations in the zoning ordinance, which led to several amendments. This amendment does not change the substance of the existing rule as amended by Council. It is instead an effort to smooth out the language and integrate it better into the structure of the ordinance by including "Casino" and "Casino — accessory" categories in the chapters listing uses in each zone and some minor wording changes. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 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 policy? The proposals are consistent with the growth policy. 2. Does the zoning regulation consider the effect on motorized and nonmotorized transportation systems? The proposed amendments have a minimal effect on transportation systems. Is the zoning regulation designed to secure safety from fire and other dangers? Page 4 of 5 The proposed amendments add more clarity which allows for a better implementation of standards designed to protect the public from fire and other dangers. 4. Is the zoning regulation designed to promote public health, public safety, and the general welfare? The general health, safety, and welfare of the public will be promoted by creating a more predicable, orderly, and consistent environment. 5. Does the zoning regulation consider the reasonable provision of adequate light and air? The standards help provide for appropriate interaction between developed properties. 6. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? As mentioned above, the zoning ordinance creates a more predictable, orderly, and consistent development pattern. That pattern allows for a more efficient allocation of public resources and better provision of public services. 7. Does the zoning regulation consider the character of the district and its peculiar suitability for particular uses? The amendments reflect the character of each district. 8. Does the zoning regulation consider conserving the value of buildings? Building values will be conserved by providing reasonable standards within zoning districts by encouraging predictable, orderly, and consistent development within a given area. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality? The amendments help create consistency throughout comparable zones, which promotes compatible urban growth. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-16-02 and recommend to the Kalispell City Council that the proposed amendments be adopted as provided herein. Page 5 of 5 CHAPTER 27.09 RA-1 RESIDENTIAL APARTMENT Sections: 27.09.040: Property Development Standards. (4) Maximum Building Height (ft): -3-5 40 CHAPTER 27.11 H-1 HEALTH CARE Sections: 27.11.040: Property Development Standards. (4) Maximum Building Height (ft) - 40 60 (60 unlimited with Conditional Use Permit) - Hospital 60 CHAPTER 27.12 B-1 NEIGHBORHOOD BUSINESS Sections: 27.12.030: Uses Which May Be Permitted By Conditional Use Permit. (9) Microbreweries, wineries, distilleries, and tasting rooms 27.12.040 Property Development Standards. (4) Maximum Building Height (ft): 3-5 60 (unlimited with conditional use permit) CHAPTER 27.13 B-2 GENERAL BUSINESS Sections: 27.13.020: Permitted Uses. (34) Microbreweries, wineries, distilleries, and tasting rooms 27.13.030: Uses Which May Be Permitted By Conditional Use Permit. (6) Casino -accessory (refer to Section 27.34.040) 27.13.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.14A B-3 CORE AREA - BUSINESS Sections: 27.14A.030: Uses Which May Be Permitted By Conditional Use Permit. (6) Casinos -accessory (refer to Section 27.34.040) CHAPTER 27.14B B-4 CENTRAL BUSINESS Sections: 27.14B.020: Permitted Uses. (25) Microbreweries, wineries, distilleries, and tasting rooms 27.14B.030: Uses Which May Be Permitted By Conditional Use Permit. (6) Casino -accessory (refer to Section 27.34.040) 27.14.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.15 B-5 INDUSTRIAL -BUSINESS Sections: 27.15.020: Permitted Uses. (42) Microbreweries, wineries, distilleries, and tasting rooms 27.15.030: Uses Which May Be Permitted By Conditional Use Permit. (2) Casino (refer to Section 27.34.040) (3) Casino -accessory (refer to Section 27.34.040) 27.15.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.16 I-1 LIGHT INDUSTRIAL Sections: 27.16.020: Permitted Uses. (36) Microbreweries, wineries, distilleries, and tasting rooms 27.16.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.17 I-2 HEAVY INDUSTRIAL Sections: 27.17.020: Permitted Uses. (33) Microbreweries, wineries, distilleries, and tasting rooms 27.17.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.18 P-1 PUBLIC Sections: 27.18.040: Property Development Standards. (4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit) CHAPTER 27.20 SUPPLEMENTARY REGULATIONS Sections: 27.20.020 Accessory Uses 27.20.025 Airport Affected Area 27.20.027 Cellular Service Antennae Location 27.20.030 Exceptions to Height Regulations 27.20.020: Accessory Uses. In addition to any permitted or conditionally permitted principal uses, accessory uses and structures are permitted as set forth in this section. (2) Standards for accessory uses and structures. The following is a list of restrictions on accessory uses and structures: (a) Setbacks. Front Side Rear Side Corner Accessory Structures See setback 5 ft 5 ft See setback for (larger than 4-200 for principal principal square feet) in all structure structure zones except B-4 Accessory Structures See setback SIN/A if N/A See setback for (AWO square feet or for principal to the rear of principal the principal less) in all zones structure structure except B-4 structure B-4 N/A N/A I N/A N/A When a garage or carport is entered from an alley, it shall not be located closer than ten feet from the alley right-of-way line. When a garage or carport is entered from any other public or private right-of-way, it shall not be located closer than twenty feet from the right-of-way line unless a greater setback is provided for under the particular zoning district development standards. (b) In R and RA zones, accessory structures shall not exceed 18 feet in height and are limited to single story construction. Accessory structures in other zones shall not exceed the maximum height for principal structures as provided under the particular zoning district development standards. (c) No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory. (d) Accessory structures shall be limited to no more than 1000 square feet in size. 27.20.027 Cellular Service Antennae Location. Cellular service antennae may locate on any existing or proposed structure that is otherwise allowable pursuant to the regulations applicable to that district, provided that the antennae does not extend above or beyond the envelope of the structure without taking steps to visually camouflage its presence, such as within belfries, chimneys, elevator housings, or similar architectural features that would customarily be a part of the structure and tend to add to the architectural character of the structure. 27.20.110: Single Family and Duplex Dwellings — Design Standards. The purpose of this section is to promote public health, safety and welfare and to ensure neighborhood compatibility by establishing minimum standards for single family dwellings and duplexes. All single family dwellings and duplexes shall comply with the following standards: (1) As used in this section, a manufactured home means: (a) A single family dwelling, built off site in a factory on or after January 1, 1990; (b) That is placed on a permanent foundation; (c) Is at least 1,000 square feet in size; (d) Has a pitched roof and siding materials that are customarily used on site - built homes; and (e) Is in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of its production. (2) All single family dwellings and duplexes must be site built or manufactured homes. Manufactured homes and must: (a) Be a minimum of 20 feet at the narrowest width; (b) For factory assembled housing, have all tow bars, wheels and axles removed at time of installation; (c) Be placed on a permanent foundation that meets applicable building code requirements; and (d) Have not been previously located. (3) Site built homes may be moved as follows: (a) To a different location on the same parcel; (b) From one lot in the city to a different lot; or (c) From outside the city to a lot inside the city. CHAPTER 27.24 OFF-STREET PARKING DESIGN STANDARDS Sections: 27.24.020: Required Parking for New Construction, Expansions, and Change of Use. No building permit shall be issued within the city limits for the construction or enlargement of any building or structure nor shall said permits be issued for the change of use of any building or structure unless the requirements established by this ordinance regarding off-street parking areas are satisfied. Whenever any building is enlarged, off-street parking shall be provided for said addition. P.,,.' iag spaces shall be reviewed «Whenever a change of use is proposed, the number of required parking spaces shall be reviewed. inevoaso's *h, distr- ets ande,. see fi ,,, 27 24 040(6) The requirement for additional spaces shall equate to the difference between the number of parking spaces required for the existing use and the proposed use. 27.24.030: Design. (1) Size. A parking space is typically nine (9) feet wide and twenty (20) feet deep (See Appendix A for minimum parking lot requirements). In cases where stacking spaces are required or otherwise provided, each stacking space shall be a minimum of nine (9) feet wide and twenty (20) feet deep. (2) Location. Off-street parking €ems lots shall be located as hereinafter specified. When a distance is specified, such distance shall be in walking distance measured from the nearest point of the parking €achy lot to the nearest point of the building that such facility is required to serve. Parking lots, including both spaces and maneuvering area(s), shall be located entirely outside of a public and/or private right-of-way, except single family residential and duplexes, which may utilize driveways as a maneuvering area provided that the parking for separate units within a duplex does not conflict. For any use other than single family residential and duplexes, parking spaces which back into an alley shall be set back ten (10) feet from the alley right-of-way line. (a) For single family, duplex, and multifamily residential dwellings: Off-street parking is required on the same lot with the building it is required to serve. (b) For all other uses not herein specified: Off-street parking is required within 300 feet from the zoning lot it is required to serve and must be located within the same zoning classification as the use intended to be served. Noncontiguous lots shall not be used for off-street parking in the R and RA zoning districts. See section 27.24.040(3) regarding requirements for off - site parking. (c) Requir-ed tParking spaces shall not be located in any required front, side corner, or side yard, except one required off-street parking space for each single family residential use, or one space for each unit within a duplex, may fall into the front yard or side corner yard setback. In addition, multi- family dwelling units not served by an alley may place one off-street parking space per dwelling unit in the required front yard setback area. No parking space in the front or side corner yard shall extend to within five feet of the property line (except that parking spaces associated with single family residences or duplexes do not have a required setback, provided that the full 20 foot length of the parking space is located entirely outside of the right-of-way). Figure 9: Parking Lots _____,—property tine r-------------------------------� t t � t landscape buffer I t inside property line ------- J --property line street i boulevard 10' Clear Vision i Triangle at Drive i andscape buffer EntranGi;e/ - �_ — T :-=----sidewalk centerline of street Clear Vision Triangle at Street Intersection (d) Re iarking spaces may be allowed to locate within the front and side yard setbacks in the following sections: In R-5 and RA-2 zones: Vehieles will be allowed to pafk withifl. Parking spaces shall be setback ten feet of from the front lot line and five feet of the 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. (Figure 9) C. Vehieles will be allowed to park Parking spaces are allowed in the side yard setback as long as a sight obscuring fence is constructed along the side lot line obscuring the presence of the parked vehicles to the extent fencing is otherwise permitted under this ordinance. This requirement may be waived where this 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.) 2. In B-1, B-2, B-3, B-4, B-5, H-1, I-1, I-2, and P-1 zones: a. Parking spaces shall be setback five feet 4 from 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. Vehieles will be allowed to pafl.E. Parking spaces are allowed 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.) (e) Location of parking spaces within a lot are subject to clear vision triangle requirements. (Figure 9) (3) Plans. A plan of the proposed off-street parking €achy lot shall be submitted along with the application for the building permit for the use the off-street parking is required to serve. Said plan shall clearly indicate curb cuts, lighting, landscaping, construction details, fencing, striping, surfacing materials, pedestrian circulation, snow storage areas and other features which may be required by the Zoning Administrator or the Site Development Review Committee. When off-street parking spaces are required, the parking area lot shall be designed in accordance to the standards of Figure 1, Appendix A. (a) All traffic control devices such as parking stripes, directional arrows, wheel stops, curbs and other developments shall be installed and completed as shown on the approved plans. (b) Upon review of any permit application with the city involving existing structures, the parking area design of the affected use shall be reviewed to gain substantial compliance with these regulations. (c) For driveways and driving aisles where parking spaces do not back into the driving lane, the minimum dimensions are as follows: 1. Single-family and duplex: 10 feet 2. Multi -family: 10 feet per lane (10 feet for one-way aisles and 20 feet for two-way aisles) 3. Other uses: 12 feet per lane (12 feet for one-way aisles and 24 feet for two-way aisles) (4) Construction. All off-street parking spaces lots and associated access areas shall be improved with asphalt or concrete or a comparable permanent hard surface. (5) Drainage. All off-street parking areas lots shall be designed and constructed to allow proper drainage in accordance with and subject to public works procedures and standards. (6) Landscaping and Screening. All parking areas—afid vehielese areas lots (excluding single family residences and duplexes) shall meet the following conditions. Any landscaping is subject to clear vision triangle requirements. See also: required landscape buffer requirements listed in section in 27.24.030(2)(d). (a) A minimum of 5% of the total interior parking lot area (excluding any landscape buffer) shall be landscaped for any parking lot or ,.ehiele s��o� area with ten (10) or more spaces. (b) The perimeter landscape buffer along a street shall consist of planting materials or planting materials and man-made features to create a visual relief in the form of a hedge, fence, planter box, berm, dividers, shrubbery, grass or trees, or a combination of the above. Perimeter landscaping shall not include round river rocks, gravel, or similar non -vegetative treatments. Perimeter landscaping adjoining a landscaped boulevard shall be designed in cooperation with the city parks director. (c) A performance bond may be required to ensure compliance with this section and to cover maintenance for a period not to exceed one year after time of planting. (Figure 9) (7) Lighting. Any lights provided to illuminate any public or private parking lot are orvehi^tee sales shall be designed in accordance with the Outdoor Lighting Standards contained in Chapter 27.26 of these regulations. 27.24.040: Special Provisions. (1) Nonconforming Uses. Nothing in this ordinance shall be deemed to prevent the voluntary establishment of off-street parking faeilifies lots to serve any existing use of land or buildings even though nonconforming; provided, that all regulations herein governing the location, design, and operation of such facilities are adhered to. (2) Mixed Occupancies. In the case of mixed uses, the total requirements for the various uses shall be computed separately. Where a lot contains one or more buildings containing three or more separate commercial businesses developed and managed as a unit, the parking ratio for "Shopping Center" may be applied to the property as a whole. (3) Off -Street Parking and Joint Use. The Zoning Administrator may authorize off - site parking facilities for the following uses or activities under conditions specified: (a) Off -Site Parking. Off -site parking afeas lots are typically off -site lots utilized solely for parking by the lot being served. The off -site parking lot must abut a public or private street or alley and shall be owned or leased by the owner or lessee of the lot being served. Such parking lot shall have a recorded land covenant and easement which requires such land to be maintained as a parking lot so long as the building and/or use served is in operation or until another suitable parking area is established to the satisfaction of the Zoning Administrator. Off -site parking areas lots may also be developed as shared parking lots with another use provided that both the lot being served and the lot where the parking is located satisfy the minimum number of required parking spaces. (b) Joint Use. 1. Up to 50% of the parking €des spaces required by this ordinance for primarily "night time" uses such as theaters, bowling alleys, bars, restaurants and related uses, may be supplied by certain other types of buildings or uses herein referred to as "day time" uses such as banks, offices, retail and personal service shops, clothing, food, furniture, manufacturing or wholesale and related uses. 2. Up to 50% of the parking faeilities spaces required by this ordinance for primarily "day time" uses may be supplied by primarily "night time" uses. 3. Up to 100% of the parking facilities spaces required by this ordinance for a church building or for an assembly facility incidental to a public or private school, may be supplied by the off-street parking facilities lots provided by uses primarily of a "day time" nature. (c) Conditions Required for Joint Use. The building or use for which application is being made to utilize the off-street parking faoilities lot provided by another building or use shall be located within 300 feet of such parking des lot in addition to which: 1. The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking €awes lot is proposed; and 2. The applicant shall present to the Zoning Administrator a properly drawn legal instrument to be recorded with the county clerk and recorder, executed by the parties concerned for joint use of off-street parking facilities and approved as to form and manner of execution by the city attorney; such instrument to be filed with the Zoning Administrator. (4) Access Standards. Access to businesses, service stations, roadside stands, public parking lots and all other businesses requiring motor vehicle access shall meet the requirements as hereinafter provided or as prescribed by the State of Montana pursuant to the Approach Standards for Montana Highways (whichever requirements are greater). (a) Fences, walls, landscaping, or other obstructions to view which are higher than 30 inches (measured from the level of the established top -of -street curb grade or, if there is no curb, the adjacent street level) shall not be located in any area within the isosceles triangle having sides of 10 feet along the edge of a private drive/parking lot access and along (i) the inside edge of the sidewalk, or (ii) if there is no sidewalk, the curb line. (b) Access onto public rights -of -way shall be controlled and be limited to no more than two approaches per 100 feet. (c) Parking afeas lots and driveways serving feiff three or more dwelling units and all other uses shall be arranged to permit vehicular traffic to move into and out of parking areas lots, driveways, and ramps without the backing of any vehicle onto a street or highway. (d) Parking areas lots, driveways, maneuvering aisles, ramps, and turnaround areas shall be kept free and clear of obstructions at all times. (e) In all cases where there is an existing curb and gutter or sidewalk on the street, the applicant for a permit shall provide a safety island (boulevard) along the entire frontage of the property, except in the area of the permitted driveways if required by the Site Development Review Committee. The boulevard shall be bounded by concrete curb, the height, location and structural specifications of which shall be approved by the Site Development Review Committee. (f) Where there is no existing curb and gutter or sidewalk, the applicant shall install such curb, gutter and sidewalk and, except for the driveways, shall install a landscaped boulevard along the entire length of the property line if required by the Site Development Review Committee. (g) No two driveway/access roadways shall be closer to each other than 12 feet on the same parcel, and no roadway shall be closer to a side property line than two feet. (6) Parking Districts: ... (d) B-3 (Core Area — Business). Property located in the B-3 zone shall have the minimum number of off-street parking spaces required under section 27.24.050 reduced by 50%. 27.24.050: Minimum Standards By Use. (7) The following table provides minimum parking standards by use: Minimum Parking Standards By Use Residential: Single Family Residence, Accessory Single Family, and Duplex: 2 spaces per unit. Multi -family: 1 space per efficiency unit and -2-1_5 spaces per units with one or more bedrooms. Bed and Breakfast: 2 spaces plus .5 per sleeping room. Rooming Houses and Dormitories: Minimum of 1 space per sleeping room (more may be required under the conditional use permit process). Shelters, Public and Private: 1 space per 5 occupants. Convalescent or Nursing Homes for Aged, Disable or Handicapped: 1 space per 8 beds plus 1 space per employee/maximum shift. Elderly Housing (projects qualifying under federal regulations) and Assisted Living Complexes: 1 space per 2 dwelling units. CHAPTER 2 7.26 OUTDOOR LIGHTING STANDARDS Sections: 27.26.040 Specific Standards: (2) The level of lighting shall not exceed 0.3 foot candles at any residential property line or 1.0 foot candles at any non-residential property line, except that the measurement along any right-of-way shall be taken from the curb line, or, if there is no curb, the edge of the asphalt. Measurements shall be taken from ground level. If a side or rear property line is adjacent to a parking lot, the maximum foot candle measurement may be exceeded provided that the increase is otherwise designed to meet the intent of this ordinance. CHAPTER 27.29 ADMENDMENTS AND CHANGES Sections: 27.29.030: Hearing for Amendment. The Zoning Commission shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. (3) Names and addresses of adjoining property owners will be prided to assembled v the city planning department by the appli ant and will be eeftified by the eeun+y CHAPTER 27.33 CONDITIONAL USE PERMITS 27.33.040: Administrative Conditional Use Permits (1) Administrative uses fall into three categories: (a) Designated as ACUP in the zoning district standards or otherwise provided for in the ordinance; (b) Up to 25% cumulative expansions of non -conforming uses (see Section 27.23.030); and (c) Up to 25% cumulative expansions of existing CUPs. CHAPTER 27.34 ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES Sections: 27.34.020 Bed and Breakfast 27.34.030 Building Height (Additional) 27.34.040 Casinos Calculating additional building height allowance (based on a 40 foot maximum building height) additional building height natural grade— --- -- property line property line-- natural grade Lsetback line '—setback line 27.34.040: Casinos (1) Casinos shall be a minimum of 600 feet from churches, schools, parks, city residential zones, federal highway, and other casinos, measured from property line to property line, or from the right-of-way of a federal highway. (2) Accessory Ecasinos may be located closer than 600 feet from churches, schools, parks, city residential zones, federal highway, and other casinos, measured from property line to property line or from the right-of-way of a federal highway. An accessory, if the casino is shall meet& the requirements of beth See fi ns 2 & ^ be ,.<, this section. rsr�ss�rf!�fr . (4 3) A casino is considered a minof! accessory we to a primary use if the primary use (e.g. restaurant or bar, but not shopping center or other multi -use designation) and its associated facilities constitute at least 80% of the proposed floor space and the casino constitutes no more than 20% of the proposed use. In addition, the an accessory casino is generally shielded or screened from view of the primary use and patrons. (&-4) The following design standards as appropriate may be placed on tom -either a casino or an accessory casino: (a) Limiting or prohibiting the on -premise signage or building from using the following: 1. Any terms such as gaming, gambling, cards, dice, chance, etc. 2. Any reference to any associated activity or any symbols or words commonly associated with gaming. 3. Any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. 4. Neon Lighting. (b) Limiting the number and location of entrances into the casino. (c) Increasing landscaping requirements in order to create a buffer between the casino and adjacent land uses. CHAPTER 27.37 DEFINITIONS Sections: 27.37.010: Definitions. (92) Kennel, Animal Shelters. The boarding, breeding, raising, grooming, or training of five or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain. Doggie day -cares and similar uses are included within this definition. (136) Parking lot. Any area used for the parking of one or more motor vehicles or used for the display or storage of one or more motor vehicles, trailers, or other similar items. (renumber accordingly) APPENDIX B TABLE OF USES ALLOWED BY ZONE REVISED USE kn CATEGORIES a a a x as as Casino (refer to Section 27.34.040) G E C Casino -accessory C C Microbreweries, wineries, distilleries, and tasting C P P P P P rooms A 0 oo �n o � o 0 o 0 oN 0 0 ^' 0 o o O O O N tin O O O O v> O d' O o O O O O c' O O O O If)O O O O N OOO� a.�. Ga �O x U O O U � O o O U M a O rr v) o v) O w O o 0 O a o o a o 0 0 0 0rq � 0 o o � v, zO� �Ow �W aWAW AOWCF-��W C � U .:l JsI AI 3 U Z 't 000 000 000 u� Cq C a Q 'n `n V) oqq � PLO `cl d CG U � � •� 3 Z �t �o �o �o ,Ia 3U CAI Liz qq� a x4Jz1sI%I3U .� N F� M 'cr d• �O � �O fn a tI) V1 N l!) l!) Vl a M M Tt w Ax zU�W���wzv� aWwAwwwAoww ��� w00� aav" wwxv,xxxv�Uwx KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 12, 2016 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Chad Graham, Charles Pesola, Rory Young, Steve Lorch, Matt Regier, Doug Kauffman and Karlene Osorio-Khor participated via teleconference. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Lorch moved and Pesola seconded a motion to approve the minutes of the March 8, 2016 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT None. SPARROW'S NEST A request by Sparrow's Nest of Northwest Montana, for a COMMUNITY RESIDENTIAL conditional use permit for a Type 1 community residential facility FACILITY (group home) within the RA-1 (Residential Apartment) Zoning District. The property is located at 204 7t' Avenue West. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed the staff report for the board. Nygren noted that community residential facilities are permitted provided a commercial use permit is obtained. This facility would provide a home for eight homeless high school students with an adult 24 hour on -site manager. Nygren reviewed the location of the property, zoning & surrounding zoning, the historical use of the property, and a review of the site. Nygren added when used by the church no additional on -site parking was required and there is not any space on the property where additional on -site parking could be located. The building is approximately 6600 square feet, with a main floor and basement which Nygren reviewed. One letter was received which discusses the proposed land use and the negative impacts on the surrounding community (copy attached). Nygren noted that the Sparrow's Nest team has conducted outreach to the neighbors letting them know what is proposed for the building. Nygren said typically group homes are statutorily protected by state law, however this use will not be licensed and was reviewed by staff as a single-family home. No additional requirements will Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page I 1 be placed on this use. Staff recommends that the Kalispell Planning & Zoning Commission adopt staff report #KCU-16-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the four conditions in staff report. BOARD DISCUSSION Young noted the staff report indicates that there will be no impact on sewer services and shouldn't it say that the city has adequate capacity and Nygren said it doesn't have an impact because there is adequate capacity for a single-family use. Jentz clarified single- family residences can have 8-10 individuals which would be similar to this use. Graham noted the letter in opposition talks about the city taking responsibility and asked what are they referring to? Jentz said perhaps this person does not quite understand the process that we go through with a conditional use permit and is frustrated with a change in the neighborhood. Jentz added there is nothing usual about this application. PUBLIC HEARING Jerramy Dear-Ruel — Executive Director of Sparrow's Nest of Northwest Montana stated according to the National Center of Homeless Education 1.2 million public school children are homeless nationwide. There are approximately 2,640 homeless students in Montana during the 2013-2014 school years. Research shows 75% of homeless high school students drop out of school. Sparrow's Nest is an organization in Flathead County that works with the community to ensure that unaccompanied homeless high school students have a safe place to sleep at night and to graduate from high school and become productive contributing members of the community. Dear-Ruel provided history of the property for the board and he noted that they have received tremendous support from the community. John Constenius, J. Constenius Architects, South Whitefish, stated he was pleased to be approached by the Sparrow's Nest to assist them with the design of their facility. This type of facility is needed in the community and he and his wife know first-hand, having taken in a teenage boy for three years who was in desperate straits so when they came to him he felt the need and calling to step forward. Constenius provided additional information on the building and how they intend to improve it so it fits in the neighborhood, and details of the floor plan. He concluded it is designed to be a safe and secure place and also a place where the occupants live in a Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 12 regulated manner and under the supervision of a staff member. Alan Ruby, 320 Hilltop Avenue, Kalispell stated over 40 years ago he was briefly homeless and because of the kindness of strangers it made a big difference to him, so he can understand this need. Marcie Bumke spoke to their Rotary a year ago, and he can tell she has touched a lot of people's lives. Certainly she touched his and he committed that morning to join the sleep -in which was in December. It also brought back memories that he would have liked suppressed. Eight to nine years ago his son had a friend who would come over to their house almost every night for dinner and he came to find out that this young man was homeless because his parents weren't getting along and he was couch surfing and he would catch a meal here and there. Ruby said when he found out how pervasive this was and he heard Marcie speak he thought this is something where the community can make a difference. They helped raise money and awareness and look where we are today. They have an extension of the Samaritan House in his neighborhood where Northridge Lutheran Church decided to use part of their facility to house a homeless family under very strict guidelines and Ruby he understands might be the very same ones or at least similar ones that the Sparrow's Nest might use at this facility. There have been no negative repercussions in his neighborhood, and in fact it has only been positive. Ruby beseeched this board to recommend approval of the conditional use permit that would allow this homegrown community solution to a very real problem in our community. We can make a difference. Rick Weaver, 276 Cardinal Lane stated they have also met some of the kids who would be considered homeless and he can say that most of the kids are homeless through no fault of their own. If you want to hold someone responsible, hold their family or adults who are supposed to be helping those kids get through life. This would be a safe haven for the kids to go to. These are not trouble kids that have been kicked out of their homes, they have been booted out of their house because their parents have had problems and they are good kids. Weaver said that he grew up on 7th Avenue West, before the church was built in 1970, and within one block of their house they had two neighbors who had more than eight kids and neither house was 6000 square feet, in fact he is sure they were about 1200 square feet with only one bathroom. Knowing some of the kids that have gone through this problem he doesn't see it being a trouble spot for the neighborhood on 7tr, Avenue West. Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 13 Marcie Bumke, 55 West Brier Court, Kalispell, Chairperson for Sparrow's West, Northwest Montana thanked everyone in attendance and asked all who are in support of Sparrow's Nest to stand. Only one person in the room of approximately 50 people did not stand up. MOTION Lorch moved and Kauffman seconded a motion to adopt Staff Report KCU-16-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the four conditions in staff report. BOARD DISCUSSION Karlene Osorio-Khor said one of the very first meetings she attended as a member of this board was a group home for the Montana Academy and there were neighbors who were concerned and worried about what this would mean to their neighborhood, which was very little. Neighbors became neighborly and did not see a threat by these young people living there. Sparrow's Nest would serve the entire community and it is sad that our children are sometimes expendable and this effort will make certain that they are not expendable, that we as a community want to address this problem, and she applauds the founder and all of the people who worked so hard and she will heartily vote to approve this conditional use permit. It is really needed and she is glad to see this project move forward. Pesola said he would also like to reiterate what Ms. Osorio-Khor said and he thinks that Marcie and the rest of the crew have done a phenomenal job with a program that is well needed in our community and beyond. You are doing a great job and the location of this property is will facilitate kids being able to continue going to school without transportation. He thanked the Tanko family for donating the building and thank you for seeing a need and filling it. There is an old saying that says "It takes a village" and he is glad to be able to vote in support of this organization and this facility. Graham also agreed with Ms. Osorio-Khor in that several years ago the board reviewed a couple of the Montana Academy group homes and there were a lot of concerns when they came through and no problems came up. He sees this as a benefit to this area and he commends Ms. Bumke and everyone who has worked so hard. Graham asked for the objective of the program and Dean-Ruel said the objective is to assist them to graduate, and they would not live there indefinitely. After graduation they will hook the kids up with community resources for college or help them land a good job. There is some discussion to set them up with apartments in the future. Graham asked the youngest age of the kids who would live there, Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 14 and Dean-Ruel said high school age, 14-15 on up, and the length of stay would be on a case -by -case basis. The main point is to try and get parental or guardian consent for them to be at the house and if all of the options with family are exhausted then they would refer them to Child Protective Services. Lorch said he doesn't want to be dismissive as a board of the gentleman who wrote the letter with some obvious real concerns and he hopes that this person has had the opportunity to see the support of the community. Lorch said he would fully expect that the Sparrow's Nest organization is going to be a good neighbor and hopefully reach out, and if there are any major problems that there will be a conversation between neighbors. ROLL CALL The motion passed unanimously, on a roll call vote. ZONING ORDINANCE TEXT A request from the City of Kalispell for a series of updates to the AMENDMENTS zoning ordinance. Every few years, the City initiates a set of text amendments to improve wording, clarify sections of the ordinance where needed, to address new technologies and changes in the community and to keep the ordinance operating in an effective, user-friendly manner. STAFF REPORT PJ Sorensen, representing the Kalispell Planning Department reviewed staff report #KZTA-16-02 for the board. Sorensen reviewed the following amendments: (Additional information can be reviewed in the staff report on the city's website) 1) Increase maximum heights in all H, 13, I and P zones from 40 feet to a proposed 60 feet and providing for a conditional use permit for heights above 60 feet; 2) Increase the maximum height in the RA-1 zone from 35 feet to 40 feet; 3) Eliminate the current CUP requirements for additional height; 4) Reducing certain accessory structure setbacks when the structure is located to the rear of the primary building; • There was some discussion regarding the possibility of allowing two structures meeting on the property line, with 0 setbacks and Sorensen said building codes would take care of most of these issues. Lorch asked for further clarification, which Sorensen provided. Sorensen added in the older part of town there are hundreds if not thousands of non -conforming accessory structures in the back yard and this change would allow owners to do major repairs Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 15 without the previous need to tear down the structure and move it back 5 feet to meet the setback. Further discussion was held. 5) Clarify the ability to co -locate cellular service antennae; 6) Clarifying size requirements for site built as opposed to manufactured homes; 7) Reducing the required parking for multi -family dwellings from 2 spaces to 1.5 spaces per unit; 8) Clarify existing language within the off-street parking design chapter to provide more consistency; 9) Change the measurement line for site lighting from the right-of- way line to the curb line; 10) Changing the responsibility of providing property ownership lists from the applicant to the City; 11) Explicitly including doggie day-care within the definition of kennels; 12) Reduce parking requirement for Core Area Zone by 50%; 13) New regulations pertaining to VRBO and similar uses in residential zones; • Sorensen reported they researched how VRBO's are handled in Whitefish and in Colorado and borrowed a lot of language from the Whitefish ordinance that they had just adopted. Staff also considered the comments and concerns that the board had and what staff took from that work session is that they were comfortable in allowing VRBO's if there was an administrative conditional use permit and certain restrictions were in place. Sorensen reviewed the proposed changes. There was discussion regarding the posting of a contact person's name and phone # on the outside of the VRBO to handle any issues that may come up. Osorio-Khor asked if the VRBO's would be located in residential areas or in commercial areas and Sorensen said residential areas. She said the reservations are usually placed through the internet and a requirement is that there be a number for 24 hour contact. Is this posting of the contact information for the neighbors or the renters and Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 16 Lorch said for the neighbors? Lorch noted staff did a good job addressing the concerns of the board regarding VRBO's 14) Expanding allowed microbrewery uses to include wineries, distilleries, and tasting rooms; and 15) Clarify existing language relating to casinos. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Kauffman moved and Pesola seconded a motion to adopt Staff Report #KZTA-16-01 as findings of fact and recommend to the Kalispell City Council that the proposed amendments be adopted as provided in the staff report. BOARD DISCUSSION Young agreed staff did a good job on these amendments. Jentz noted he had just attended a conference that specifically addressed VRBO's and he shared what he learned with the board. Additional discussion was held regarding enforcement. Osorio-Khor noted when properties do not fulfill the promise of how they are advertised they do get rating on the internet sites and people will just not rent them anymore, which is a type of self - regulation. She feels that VRBO standards in place for the business districts should be the same for these businesses in residential districts. ROLL CALL The motion passed unanimously, on a roll call vote. OLD BUSINESS: SOUTH KALISPELL URBAN CTA Architects was hired to update the South Kalispell Urban RENEWAL PLAN Renewal Plan. The urban renewal plan was first adopted in 1996 and addressed a host of issues, many of which have been accomplished. CTA has now completed the plan update. The plan contains an executive summary, a series of recommendations for the South Kalispell area and provides 5 different scenarios for the future of the airport property. The 5 scenarios include keeping the airport and management as it is today using city funding to maintain the operational status of the airport, closing the airport, requesting FAA funding for the airport, incorporation of the airport property into an Airport Authority and finally privatizing the airport. The plan boundary is generally bound by 18th Street to the north, Cemetery Road to the south, Airport Road to the West and U.S. 93 to the east. Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 17 STAFF REPORT & BOARD Tom Jentz, representing the Kalispell Planning Department DISCUSSION provided an overview of the planning process to -date and the board's modifications that have been incorporated into the South Kalispell Urban Renewal Plan. • The depreciation that was shown on Page 25, Figure 15 was moved to the Appendix for ease of the reader. • Alternative 2, Page 30, specifically spoke to if the airport was closed. The consultants went through and verified their numbers to buyout those leases and decommission the airport which is $3.1 million. • Alternative 3, page 34, which was to keep the airport as it is but to seek FAA funding for basic improvements necessary to keep the airport open as a B-1 airport. The option of seeking FAA funding is not realistic at this point. Young asked why the funding was taken out of the report as he thought the change would clarify that the 13-1 airport was taken off the table because of the referendum but the table would be a way to look at what the costs would be for improvements to a B-2 airport. Jentz noted the Pro Forma for Alternative 3 is on page 73 of the Appendix. Further discussion was held. There was lengthy discussion on the plan being focused on the airport, and material that was gathered prior to the referendum and Lorch and Osorio-Khor felt it was not complete. Young and Kauffman also agreed. Graham noted that the board's job is not to go through the plan in detail and select a viable option but to decide if this study falls within the parameters of the growth policy. Jentz said the consultant was tasked with looking at the South Kalispell area and developing five scenarios for the airport. Jentz noted that the airport is a key component in what happens in the rest of South Kalispell. Council will ultimately make a decision of what scenario to select. Jentz added the consultants prepared the plan based on the scope of work that was provided to them and he feels that was accomplished. The board is now charged with making a recommendation to the city council on whether or not to adopt the plan. Osorio-Khor stated that she cannot support the plan, and she will be voting against it. Further discussion was held on areas that the plan is lacking, extending the leases at the airport in a effort to reduce the amount of buy back, the TIT district v. the plan area, the airport options, and the process from this point. Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 18 Jentz reminded the board that this is not a brand new South Kalispell Renewal Plan, the original document was written in 1996, had 5 points and the focus of the plan was to remove the athletic facilities from around the airport and use those lands to develop and redevelop for commercial uses, which it did and the proceeds from all those sales were reinvested back into the airport. Now we are at a point that we are updating an existing plan, focused on what to do with the TIF monies and what to do with the airport. The area was expanded to all of South Kalispell to try and benefit from having a consultant who was already looking at the airport. Kauffman noted there is a typo on page 18 that states the Libby airport is 48 miles away from the Kalispell City Airport which is much further. Jentz noted staff would take a look at that. Lorch noted on page 16, bottom left states: Alternative 3 was explored as ARC BI standard improvements option but the FAA indicated funding would not be available... Lorch suggested that the wording be changed to stronger language such as funding cannot be available. Jentz said the statement was correct and explained the staff was in contact with the FAA, however the contractor was not and they explored it as far as they could. Lorch said it should say the same thing throughout. Osorio-Khor asked if there was any interest from the board in taking this back to a work session and do some more work on it and Graham said no because the work that she is suggesting is outside the scope of what the city council told this engineer to do. QUESTION & ROLL CALL The vote to discontinue discussion and approve the motion was approved on a roll call vote of 5 in favor and 2 opposed. The board recommends to the city council that the April 2016 South Kalispell Urban Renewal Plan is found to comply with the Kalispell Growth Policy and should be forwarded onto the city council for final consideration and action. The motion was approved on a roll call vote of 5 in favor and 2 opposed. NEW BUSINESS: Jentz noted there will be meeting on a CUP for several townhouses on Northwest Lane near the middle school; an agency exemption from FVCC for student housing on campus; and a work session on the courthouse couplet on May 10, 2016. The meeting will begin at 7:00 p.m. President Graham presented a certificate to Matt Regier for his service on the planning board. He thanked him for his service. Osorio-Khor stated she feels that Mr. Regier has served the board very well and she personally has appreciated his work and his Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 19 reasonable approach to planning. She thanked all board members and Tom Jentz for affording her this opportunity to serve on the board via teleconference. ADJOURNMENT The meeting adjourned at approximately 9:30 p.m. NEXT MEETING The next regular planning board meeting is scheduled for May 10, 2016 beginning at 7:00 p.m. and located in the Kalispell City Council Chambers, 201 1st Avenue East, Kalispell. Chad Graham President APPROVED as submitted/corrected: / /16 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 110 Michelle Anderson From: Neil Staab (neilst@verizon.netj Sent: Monday, April 11, 2016 9.25 PM To: Michelle Anderson Subject: Sparrows Nest Project at 7th ave w and 2nd street Gentlemen Received your letter describing the proposed boys shelter you are planning to open on the property facing 2nd street just east of 7th ave w. I have a question about the large number of homeless high school students Where did they come from and how did they wind up in Kalispell?? Have we had several hundred parents killed and these kids are left with no place to go?? Is there no family that they can be relocated with that can help them get through high school?? Why MUST they stay in Kalispell and remain OUR problem?? Our property is very close to that location and we have several concerns regarding your proposed project. We have been in the house since the late 40's's and have been a part of the neighborhood structure since then. We in the neighborhood have never had the desire to turn it into a homeless shelter area or a high crime area. It is unthinkable for you to dictate that our neighborhood be converted into a homeless shelter without our consent just because you can. When you have shelters for your homeless high school students in each and every one of your blocks THEN you can expect me to consider helping out. As I understand your proposal you plan to • provide housing for only 8 of the 347 current homeless high school students that have no adult supervision • there will only be one adult on site only to monitor and supervise the 8 boys only with the confines of the house • there will NOT be any adult supervision provided outside the confines of the house • the boys will be allowed to go and do as they wish once outside of the confines of the house My concerns are • we already have at least two homeless shelters within a couple of blocks of this proposed site (makes you wonder if your intent is to turn the west side into a homeless area) • who is responsible for these boys outside the confines of the house • who is accountable, both financial and legally, for the actions of the boys outside the confines of the house • who will make restitution for any loss or property damage caused by the boys • who believes that there is no risk for the homeowners close to this home when there is absolutely no planned supervision outside the house • are we expected to put steel crash bars on all our doors and windows in an effort to harden our property and safeguard our possessions? • who is going to pay for the materials we need to harden our property so we don't lose everything not bolted down? The plan you have proposed is unacceptable because you have not taken reasonable precautions to provide supervision of these homeless boys sufficient to ensure they WILL NOT steal, damage, or destroy any property of possessions of the residents living close to this house. Your plan does not identify the person(s) or department / agency that is accountable for any wrongdoing or damage that is incurred by the local homeowners And you are creating this high level of risk for the sake of 8 of 347 homeless high school kids, seems like little benefit for that large risk And you are having literally no impact on the homeless high school student problem. Your efforts would be better served selling that property, or using it for something else, and using the money to purchase or build bunkhouses j barracks that can house a larger segment of the 347 homeless you are accepting responsibility to serve. I assume that you plan to soon house all 347 of the homeless high school students. Do you plan to donate more of the housing on the west side to the homeless? And what are the homeless high school students going to do to earn the right to live in the house and to pay back the cost of living there? Have you noticed that the other shelters for teenagers REQUIRE an adult parent be present to provide supervision and guidance for the teenager and to be accountable for the teenagers actions. There is a common sense, legal, and moral reason for that, something you need to take notice of and a responsibility you need to accept. It has been my experience that GIVING away things for free only provides you the opportunity to give any more for free. This free program will attract every homeless person of high school age to Kalispell so they can have a place to live. And how long will it be before the residents are expected to pay for this housing, food, clothing, transportation, and whatever else is needed. The unexpected consequences will be huge and will soon outpace your ability to keep up with the costs and management efforts. You in P&Z are taking the actions that are setting up a situation to bring unsupervised teenagers to our neighborhood through the actions of your board and in my mind are responsible for the consequences of your actions!! My suggestion, find a better way and a better place to do this with less potential damage and consequences Better yet, do it in YOUR back yard, block, or neighborhood And if you are not willing to do it on your block why should I be REQUIRED to do it on my block just because you say so?? This is your plan, your idea, your responsibility. You cannot shift the responsibility, accountability, and blame onto Sparrows Nest --- it is YOUR doing!! Thank you for the chance to voice my comments Neil Staab 2