I4. Ord 1783 - Core Area RezonePLANNING FOR THE FUTURE
Nye",
REPORT TO: Doug Russell, City Manager Dr�-
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KZC-16-03— Core Area B-3 (Core Area Business) Rezone
MEETING DATE: December 5, 2016
BACKGROUND: A request from the Kalispell City Planning Department to rezone 72 lots from B-2
(General Business) to B-3 (Core Area Business) and 10 lots from B-4 (Central Business) to B-3 (Core Area
Business). The B-3 Zoning District was created specifically for properties within the Core Area Plan Boundary
and the subject properties are located within that area. Rezoning of the subject properties from B-2 and B-4 to
B-3 reflects the goals and policies of the Core Area Plan. All of the property owners within the area to be
rezoned were notified. As part of the notification staff also held an open house for the owners to discuss how
the rezone would affect their property.
The properties are generally bounded by U.S. Hwy 2 to the north, U.S. Hwy 93 to the west, Center Street to
the south and 3rd Avenue East North to the east. The area described would not include the half block (Moose's
property) located at the southeast corner of U.S. 2 and U.S. 93, as that half block has already been rezoned B-
3. The proposed zone change can be more specifically described as an area bounded on the north by the center
line of US Highway 2 (Idaho Street), on the west by US Highway 93 (Main Street), on the south by the center
line of Center Street and on the East by the center line of 3`d Avenue East North, excluding lots 13-20 of Block
16, Kalispell Original Townsite all located within Section 7, Township 28N, Range 21 W, PMM, Flathead
County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on November 9, 2016, to consider the zone
change request. Staff recommended that the Planning Board adopt the staff report as findings of fact and
recommend to the Kalispell City Council that the zone change request be approved.
There being no public testimony, the public hearing was closed and a motion was presented to adopt staff
report KZC-16-03 as findings of fact, and recommend to the Kalispell City Council that the zone change be
approved. Board discussion concluded that the zone change was appropriate, and the motion passed
unanimously on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of the
ordinance to change the zoning of the subject properties from B-2 and B-4 to B-3.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
Report compiled: November 29, 2016
ATTACHMENTS: Ordinance 1783, November 9, 2016, Kalispell Planning Board Minutes, Staff Report,
Maps
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1783
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS AN AREA BOUNDED ON THE NORTH BY THE
CENTER LINE OF US HIGHWAY 2 (IDAHO STREET), ON THE WEST BY US
HIGHWAY 93 (MAIN STREET), ON THE SOUTH BY THE CENTER LINE OF CENTER
STREET AND ON THE EAST BY THE CENTER LINE OF 3RD AVENUE EAST NORTH,
EXCLUDING LOTS 13-20 OF BLOCK 16, KALISPELL ORIGINAL TOWNSITE ALL
LOCATED WITHIN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, PMM,
FLATHEAD COUNTY, MONTANA.
WHEREAS, the Planning Department is requesting that the zoning classifications attached to the
above described tracts of land, currently zoned either B-2, General Business, or B-4,
Central Business, be zoned B-3, Core Area Business; and
WHEREAS, the properties are generally bounded by US Highway 2 to the north, US Highway 93
to the west, Center Street to the south and 3rd Avenue East North to the east; and
WHEREAS, the Planning Department prepared a report, Staff Report #KZC-16-03, and
recommended that the properties as described above be zoned B-3, Core Area
Business, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November
9, 2016, and recommended that the zoning be City B-3, Core Area Business, pursuant
to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as
described B-3, Core Area Business, the City Council finds such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KZC-16-03.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
properties described above as B-3, Core Area Business, on those properties
generally bounded by US Highway 2 to the north, US Highway 93 to the
west, Center Street to the south and 3rd Avenue East North to the east.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS DAY OF DECEMBER, 2016.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
November 9, 2016
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 6:00 p.m. Board
members present were: Chad Graham, Steve Lorch, Doug
Kauffinan, Christopher Yerkes, Rory Young & Ronalee Skees.
Charles Pesola was absent. Tom Jentz, Jarod Nygren and PJ
Sorensen represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Yerkes moved and Skees seconded a motion to approve the
minutes of the October 11, 2016, meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT
None
KALISPELL CITY PLANNING
A request from the Kalispell City Planning Department to rezone
DEPARTMENT B-3 CORE
72 lots from B-2 (General Business) to B-3 (Core Area Business)
AREA BUSINESS ZONING
and 10 lots from B-4 (Central Business) to B-3 (Core Area
Business).
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report KZC-16-03 for the board.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KZC 16-03 as findings of
fact and recommend to the Kalispell City Council that the areas
zoned B-2 (General Business) and B-4 (Central Business) be
rezoned to B-3 (Core Area Business).
BOARD DISCUSSION
Young asked if there have been any objections, stating he assumes
there has been positive feedback. Nygren said there have been no
objections at this point, at least from the property owners that have
been notified to date.
PUBLIC HEARING
None.
MOTION
Kauffinan moved and Lorch seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt Staff Report
#KZC 16-03 as findings of fact and recommend to the Kalispell City
Council that the areas zoned B-2 (General Business) and B-4
(Central Business) be rezoned to B-3 (Core Area Business).
BOARD DISCUSSION
Graham mentioned it is really good to see this core area idea
continue to move in this direction.
ROLL CALL
The motion passed unanimously on a roll call vote.
Kalispell City Planning Board
Minutes of the meeting of November 9, 2016
Page I 1
THE LOFTS @ ASHLEY
A request to annex a 3.79 acre parcel into the city and zone the
ANNEXATION, INITIAL
land RA-2 (Residential Apartment/Office) upon annexation. The
ZONING AND CONDITIONAL
property is located at 2050 Airport Road in south Kalispell.
USE PERMIT
A request for a conditional use permit for an 82 unit multi -family
apartment complex within the RA-2 (Residential
Apartment/Office) Zoning District.
BOARD MEMBER STEPPED
Board member Lorch stepped down from the discussion and vote
DOWN
on the Lofts @ Ashley due to a conflict of interest.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report KA-16-03 and KCU-16-05 for the board.
Nygren noted there is some hesitation with the proposed zoning
because it would allow approx. 29 units per acre and the growth
policy land use designation is urban residential which is approx. 4-
12 dwelling units per acre. Nygren compared the density allowed
in RA-1 zoning that was considered for this property, to the RA-2
zoning. Staff does support the RA-2 zoning based on the fact that
multi -family can be conditioned. Nygren reviewed the changes to
the site plan that reduced the units proposed from 96 to 82 units.
Staff met with the neighborhood again regarding redesign and they
still had concerns with the density. Based on those concerns some
additional changes were recommended and have been incorporated
into the conditions of approval.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KA-16-03 as findings of
fact and recommend to the Kalispell City Council that the property
be annexed and the initial zoning for this property upon annexation
be RA-2 (Residential Apartment/Office).
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report KCU-16-05 as findings of
fact and recommend to the Kalispell City Council that the
conditional use permit, be approved subject to the conditions listed
in the Staff Report.
BOARD DISCUSSION
Yerkes asked Nygren to briefly go over the difference in density
between the RA-1 and RA-2. Nygren explained RA-1 is one
dwelling unit per 3,000 sq ft, which would be approx. 55 units
whereas RA-2 is one dwelling unit per 1,500 sq ft which would be
approx. 110 units on this property, both are zoned multi -family,
however the RA-2 includes an office component.
Graham asked if RA-1 is more compatible with the surrounding
area, then why is that not the recommendation. Jentz said when we
started with the project the applicant asked if multi -family would
work there and we indicated that it is a place we could see multi -
Kalispell City Planning Board
Minutes of the meeting of November 9, 2016
Page 12
family coming in with a design that works with the neighborhood.
We didn't specifically talk about zoning designations but the
density they were looking at was going to drive an RA-2
recommendation so we said we would work with them to see
where it would go. Because of the conditional use permit (CUP)
process we always felt that we could condition a project to be
compatible with the neighborhood. As we went through the
process it became apparent that the neighborhood had some
concerns with the density. Jentz continued that the RA-1 may be
more appropriate but that is a decision for the board.
Graham then asked if the board were not to approve the request
recommended in the report would the board amend the zoning or
deny the request and then the applicant could submit an amended
application?
Nygren explained to change the zoning to RA-1 would
considerably change the design of their project. They could submit
an RA-1 planned unit development (PUD) at which point we could
increase the density allowed by the RA-1 but not allow office
space.
Jentz went on to explain that the board has the ability to
recommend the annexation RA-2 request be changed to an RA-1.
At that point the applicant can determine if they want to go
forward or not.
Young noted the staff report is based on RA-2, so if we change the
zoning, the staff report is no longer specific to that zone so it
would have different findings of fact.
PUBLIC HEARING Garth Schuscke, 2245 Canvasback Ct — stated they have tried to
stay informed throughout this process. They had hoped to present
a compromise tonight between the residents and the developer, Dr.
Weber. They attempted to meet with him but were unsuccessful.
At the informal meeting on the 251h there were approx. 20
residents there along with city staff. Schuscke reviewed the
neighborhood recommendations, a copy of which is attached to the
minutes. He added with these recommendations in mind they
would ask the board to approve RA-lzoning for this property. He
then presented the signatures collected from the neighbors to the
planning board.
Debra Arnold, 2133 Harlequin Ct — stated she has lived at this
address for 12 years. She is an insurance auditor and inspector and
has inspected a number of apartment complexes in her career. She
indicated that there is a concern with the corrugated metal that has
been used on other projects because when painted it could chip.
She noted this complex would be built on what currently is a very
large open area, and the proposal provides very little space for
Kalispell City Planning Board
Minutes of the meeting of November 9, 2016
Page 13
children to play. She stated she would propose the RA-1 instead of
the RA-2 and asked that considerable attention be paid to the
quality of the design. She presented photographs of other projects
to the board.
Lorraine Reid, 705 Demarco Rd — stated she and her husband own
the home at 2256 Canvasback Ct. She has reviewed the project
and canvassed the neighborhood numerous times and everyone she
has talked to is upset. They are hoping that the project will be
mitigated in a way that the neighborhood could live with. She
submitted photographs to the board.
Mike Morgan, 265 W Front St, Missoula, stated that he is the
architect representing the applicant. He began by thanking the
board, staff and neighbors for all their help thus far and assured
them they have listened closely and have made adjustments to
their proposed design as a result. They feel this property is a
perfect transitional location from single family to urban
residential. Their goal is to meet the city's growth policy goals and
create a better living environment for everybody. They have
reviewed the current design of the proposal and are taking every
measure to mitigate impacts. They have adequate parking so there
is minimal parking on the street, good open space for people to
gather outside and are preserving most of the landscaping. Graham
asked if the metal siding was going to be used as more of an
accent cover and Morgan said yes. Morgan added the metal is
nothing like the metal used on the project in NW Kalispell.
Mary Kate Smith, 2209 Teal Dr — expressed concern with the RA-
2 and future plans as far as commercial business. She does not feel
it would be a good fit for the neighborhood.
Gordon Parsons, 2347 Coot Ct — stated he is concerned with the
potential loss of privacy of the existing residences with a 3 story
building as opposed to a 2 story building.
Gary Grace, 2002 Airport Rd — has lived on the north corner of
Teal and Airport Rd for 43 years. He feels a 2 story building rather
than a 3 story building, with some trees along the proposed berm,
would help mitigate the view.
Barb Gallagher, 2245 Canvasback Ct — stated she feels an 82 unit
building would not be best for the integrity of the neighborhood
and hopes that the developer will try to work with them on the
density.
Kimberly Milliron, 2312 Coot Ct — stated that they built their
home in 2003. She feels a 2 story building instead of a 3 story
building would provide more green space for children to play.
Kalispell City Planning Board
Minutes of the meeting of November 9, 2016
Page 14
Phyllis Lucht, 2351 Coot Ct — stated she was a part of the Sweat
Equity Program (Self Help) 13 years ago to help her get out of
renting and into her own home. She bought this particular lot for
the views of the mountains and now feels it's unfair that the views
are going to be given to renters.
Mike Morgan, representing applicant — stated what they are
proposing is what the residences can count on. There will be no
commercial use whatsoever. Their main concern is for the current
needs as well as the future needs of the community; however the
density must meet certain criteria in order for it to sustain itself
and succeed.
Garth Schuscke, 2245 Canvasback Court — stated he is concerned
that this project is being forced upon the existing residences; they
are not new homeowners buying property in a neighborhood
where an apartment complex already exists and know what they
are getting into. He feels that as existing residences they don't
know what to expect if this project is approved.
Valerie Stewart, 2194 Golden Eye Ct — stated that she is
concerned with the density as well as the building being 3 stories
as opposed to 2 stories and there not being enough open space.
MOTION
Skees moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-
16-03 as findings of fact and recommend to the Kalispell City
Council that the property be annexed and the initial zoning for this
property upon annexation be RA-2 (Residential Apartment/Office).
BOARD DISCUSSION
Graham stated he is concerned whether the RA-2 is the right fit, he
feels an RA-1 is more suitable for the area and with a PUD
attached it would give the developer more flexibility but would
also decrease the density. Nygren agreed. Graham went on to say
that it would resolve the concerns of any commercial use that is
attached with an RA-2 as well.
Young agreed that the RA-1 zoning would be appropriate, whether
they choose to do a PUD or not.
Nygren stated the board could then amend the motion to apply an
RA-1 zone on the property based on public comment and give the
applicant the option of applying for an RA-1 PUD.
Young asked if the alternative was to deny the RA-2 and let the
applicant decide how they would like to proceed. Jentz advised
that yes that is an option and stated that an RA-1 would require
that the CUP be tabled.
Graham then asked the applicant if they were open to an RA-1
Kalispell City Planning Board
Minutes of the meeting of November 9, 2016
Page 15
zoning with this project. Dr. Weber said they would be, however it
would require they go back to the drawing board and drastically
change the design.
MOTION -AMENDMENT
Young moved and Kauffman seconded a motion to amend the
zoning from RA-2 to RA-1.
ROLL CALL - AMENDMENT
The motion passed unanimously on a roll call vote.
ROLL CALL ORIGINAL
The original motion, as amended, passed unanimously on a roll
MOTION
call vote.
MOTION TO TABLE THE
Graham moved and Yerkes seconded a motion to table the
CONDITIONAL USE PERMIT
conditional use permit until the December 13, 2016 meeting.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Board member Lorch returned to his seat.
OLD BUSINESS
None.
NEW BUSINESS
Nygren mentioned the next meeting will include a subdivision in
the Ashley Park area. He added it was previously Ashley Park
phase 9, located on Pintail adjacent to the bypass. There will also
be the annexation for the School District No. 5, located on Airport
Road and a work session to discuss the next round of zone changes
to the B-3 Core area zone.
ADJOURNMENT
The meeting was adjourned at approximately 7:30 p.m.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be held on
Tuesday, December 13, 2016 6:00 p.m. and located in the
Kalispell City Council Chambers, 201 1" Avenue East.
Chad Graham
President
APPROVED as submitted/amended / /2016
Kari Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of November 9, 2016
Page 16
CITY OF KALISPELL PLANNING DEPARTMENT
REQUEST FOR ZONE CHANGE FROM B-2 AND B-4 TO B-3
STAFF REPORT #KZC-16-03
KALISPELL PLANNING DEPARTMENT
October 13, 2016
The following is a report to the Kalispell City Planning Board and the Kalispell
City Council regarding a request to change the zoning district on 72 lots from
B-2 (General Business) to B-3 (Core Area Business) and 10 lots from B-4
(Central Business) to B-3 (Core Area Business). A public hearing has been
scheduled before the Kalispell City Planning Board for November 9, 2016
beginning at 6:00 PM, to consider the zone change request. The Planning Board
will forward a recommendation to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The City of Kalispell Planning Department is requesting that the properties
generally bounded by U.S. 2 to the north, U.S. 93 to the west, Center Street to
the south and 3rd Avenue East North to the east be rezoned from B-2 and B-4
to B-3. The B-3 Zoning District was created specifically for properties within
the Core Area Plan Boundary and the subject properties are located within the
heart of that area. Rezoning of the subject properties from B-2 and B-4 to B-3
reflects the goals and policies of the Core Area Plan.
The Core Area Plan contains the following policies in support of the B-3 Zoning
of the subject properties:
1. Zoning within the Core Area should accommodate a mix of residential
and commercial uses.
2. Update existing zoning regulations to encourage land uses set out in the
Core Area Plan.
3. Review existing zoning district patterns to ensure the zoning districts are
consistent with the Core Area Plan and rezone areas where there is
conflict.
Staff notified all of the affected property owners within the proposed rezone
area via letter in August and also held an open house on September 13, 2016.
The letter and open house were intended to provide information regarding the
process of a rezone and how a rezone to B-3 would affect the use of their
property. To date, there have been no objections from any of the property
owners within the area proposed to be rezoned.
A. Petitioner / Owner: City of Kalispell Planning Department
P.O. Box 1997
Kalispell, MT 59903
1
B. Location and Legal Description of Property: The properties are general
bounded by U.S. Hwy 2 to the north, U.S. Hwy 93 to the west, Center
Street to the south and 3rd Avenue East North to the east. The area
described would not include the half block (Moose's property) located at
the southeast corner of U.S. 2 and U.S. 93, as that half block has already
been rezoned B-3. The proposed zone change can be more specifically
described as an area bounded on the north by the center line of US
Highway 2 (Idaho Street), on the west by US Highway 93 (Main Street), on
the south by the center line of Center Street and on the East by the center
line of 3rd Avenue East North, excluding lots 13-20 of Block 16, Kalispell
Original Townsite all located within Section 7, Township 28N, Range 21W,
PMM, Flathead County, Montana.
C. Existing Land Use and Zoning: The existing land uses within the subject
rezoning area consist of a multitude of commercial business uses and a
multi -family building. As mentioned previously, the subject properties are
located within the B-2 and B-4 Zoning Districts. The Kalispell Zoning
Ordinance describes the intent of the B-2 Zoning District as:
"A district which provides for a variety of sales and service establishments
to serve both residents of the area and the traveling public. This district
depends on the proximity to major streets and arterials and should be
located in business corridors or in islands. This zoning district would be
typically found in areas designated as commercial and urban mixed use on
the Kalispell Growth Policy Future Land Use Map."
The Kalispell Zoning Ordinance describes the intent of the B-4 Zoning
District as:
"A business district intended to set apart that portion of the city which
forms the center for financial, commercial, governmental, professional and
cultural activities. This district is not intended for general application
throughout the planning area. This zoning district would typically be found
in areas designated as commercial on the Kalispell Growth Policy Future
Land Use Map".
D. Proposed Zoning: The proposed zoning district for the subject properties
is B-3, Core Area Business. The Kalispell Zoning Ordinance describes the
intent of the B-3 Zoning District as:
"A district which is intended to provide a variety of both commercial and
residential uses. Commercial uses would typically include a mix of retail,
office, restaurant, and other similar uses. This zone is based primarily on
the core area plan adopted by the city for the area along the railroad
corridor and is intended to further the goals and policies in that plan."
E. Size: The area to be rezoned is approximately 30 acres, including the
adjacent right-of-way.
W
F. Adjacent Land Uses and Zoning:
North: B-2, U.S. Hwy 2 and commercial
East: B-4 and I-1, commercial
South: B-4, commercial
West: B-4 and B-5, U.S. Hwy 93 and commercial
G. General Land Use Character: The general land use character of this area
can be described as commercial. Commercial uses in the vicinity include
retail, restaurant and office with some multi -family residential.
H. Utilities and Public Services: The area to be rezoned is served by city
water and sewer and by city streets.
Sewer:
City sewer
Water:
City water
Refuse:
City collection services
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyLink
Schools:
School District #5, Kalispell
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
I. Public Comment: No public comment has been received at this time. All
of the property owners within the area to be rezoned were notified. As part
of the notification staff also held an open house for the owners to discuss
how the rezone would affect their property.
EVALUATION BASED ON STATUTORY CRITERIA
This report evaluates the amendment request in accordance with state and
local regulations. The statutory basis for reviewing a change in zoning is set
forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303
M.C.A. Findings of Fact for the zone change request are discussed relative to
the itemized criteria described by 76-2-304, M.C.A.
1. Is the zoninz re-ulation made in accordance with the growth policy?
The proposal is consistent with the goals and policies of the growth
policy. The growth policy encourages development and redevelopment in
the target development areas (Core Area). Additionally, Chapter 4 of the
Core Area Plan laid out the following "first steps" for implementing the
Core Area Plan:
13. Develop zoning tools that will enable the Core Area to accommodate a
mix of land uses and achieve the Core Area Vision.
3
a) Develop new zoning tools and creative approaches to enable
property owners to achieve the Core Area vision.
2. Does the zoning regulation consider the effect on motorized and non -
motorized transportation systems?
The zone change would have a minimal effect on transportation systems
since the proposed zoning district is designed to be a live/work
environment and of urban scale where supplemental modes of
transportation would be used. Additionally, any development or
redevelopment is reviewed by the city's site review committee to ensure
any impacts to the transportation system are adequately addressed.
3. Is the zoning regulation designed to secure safety from fire and other
dangers?
Adequate access and public facilities are available to the properties in the
case of an emergency. There are no features related to the properties
which would compromise the safety of the public. All municipal services
including police and fire protection, water and sewer service are available
to the area.
4. Is the zoning regulation designed to promote public health, public safety,
and the Qeneral welfare?
As with safety from fire and other dangers, the general health, safety,
and welfare of the public will be promoted through general city
regulations designed to regulate allowable uses when the property is
developed or remodeled. The standards and uses within the B-3 Zoning
District are the most appropriate for properties within the Core Area and
intended to further the goals and policies of the Core Area Plan.
5. Does the zoning regulation consider the reasonable provision of adequate
light and air?
The B-3 Zoning District provides for development standards similar to
Main Street. The proposed standards are consistent with an urban
environment and provide the most efficient use of space in an area with
existing infrastructure. There are also additional standards provided for
within the zoning ordinance that will assure development, provide for
parks, landscaping, parking, etc. that provide reasonable provisions of
adequate light and air.
6. Is the zoning regulation designed to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements?
The proposed amendment would have minimal impact on those services.
Any development or redevelopment is reviewed by the city's site review
E
committee to ensure any impacts to the public infrastructure are
adequately addressed.
7. Does the zoning regulation consider the character of the district and its
peculiar suitability for particular uses?
Rezoning the properties to B-3 reflects the vision created by the Core
Area Plan. As it stands, the current B-2 Zoning requires a 15' front yard
setback which is contrary to the Core Area Plan. A rezoning of the
properties to B-3 allows any redevelopment of the subject properties to
maintain and enhance the current built environment as envisioned by
the Core Area Plan.
8. Does the zoning regulation consider conserving the value of buildings?
The value of buildings within the rezoned area will be enhanced by the B-
3 Zoning District, which provides for increased development
opportunities. The B-3 Zone is a more inclusive zone that provides for
uses and standards the current B-3 and B-4 Zones does not; such as,
reduced parking, increased height, reduced setbacks and multi -family
uses.
9. Does the zoning regulation encourage the most appropriate use of land
throughout the municipality?
The most appropriate land uses throughout the jurisdiction are promoted
by encouraging complementary and compatible uses which promote the
general well-being of all citizens of the community. The only areas of the
municipality that will be affected by the proposed B-3 Zoning District at
this time are the subject properties. The B-3 Zoning District provides for
the most appropriate zoning and provides the tools necessary to
implement the goals and policies of the Core Area Plan.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KZC 16-03 as findings of fact and recommend to
the Kalispell City Council that the areas zoned B-2 (General Business) and B-4
(Central Business) be rezoned to B-3 (Core Area Business).
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AL
Partial
Core Area
Boundary Mailing
List
NORTH
75
Sub'ect Property
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Date: Aug 1 1 .1 11
File Path: 1 • 1 1