H.2. Ord 1788 - Core Area RezonePLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager
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: Ordinance 1788 — KZC-17-01 Core Area B-3 (Core Area Business) Rezone
MEETING DATE: April 3, 2017
BACKGROUND: A request from the Kalispell City Planning Department to rezone a portion of the
Core Area from B-4 (Central Business) and B-5 (Industrial 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 the heart of that area. Rezoning of the subject properties
from B-4 and B-5 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 about the proposed rezone and there has been no
opposition. As part of the notification staff held an open house for the owners and a work session at
planning board where staff could answer any questions about the proposed rezone.
The boundaries of the zone change include 45 property ownerships and encompasses an area
bounded on the north by the center line of U.S. Hwy 2 (Idaho Street), on the west by the centerline of
5th Avenue West North, on the south by the center line of West Center Street and on the east by the
centerline of U.S. Hwy 93 (Main Street), located within the SE4 of Section 7, Township 28N, Range
21W, P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on March 14, 2017, 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.
During the public comment portion of the hearing, one member of the public had questions about the
proposed rezone. There being no further public testimony, the public hearing was closed and a
motion was presented to adopt staff report KZC-17-01 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 Ordinance 1788, an ordinance to amend Section 27.02.010, official zoning map of the City of
Kalispell Zoning Ordinance 1677, by zoning certain real property described as an area bounded on
the North by the center line of US Hwy 2, on the West by the center line of 5th Avenue West North,
on the South by the center line of West Center Street and on the East by the center line of US Hwy
93, located within the SE4 of Section 7, Township 28N, Range 21W, P.M.M., Flathead County,
Montana.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
Report compiled: March 28, 2017
ATTACHMENTS: Ordinance 1788
Staff Report
March 14, 2017, Kalispell Planning Board Minutes
Maps
c: Aimee Brunckhorst, Kalispell City Clerk
2
ORDINANCE NO. 1788
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 U.S. HWY 2 (IDAHO STREET), ON THE WEST BY THE
CENTERLINE OF 5TH AVENUE WEST NORTH, ON THE SOUTH BY THE CENTER
LINE OF WEST CENTER STREET AND ON THE EAST BY THE CENTERLINE OF U.S.
HWY 93 (MAIN STREET), LOCATED WITHIN THE SE4 OF SECTION 7, TOWNSHIP
28N, RANGE 21W, P.M.M., 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-4, Central Business, or B-5,
Industrial Business, be zoned B-3, Core Area Business; and
WHEREAS, the properties are generally bounded on the north by the center line of U.S. Hwy 2
(Idaho Street), on the west by the centerline of 5th Avenue West North, on the south
by the center line of West Center Street and on the east by the centerline of U.S. Hwy
93 (Main Street); and
WHEREAS, the Planning Department prepared a report, Staff Report #KZC-17-01, 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 March 14,
2017, 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-17-01.
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 on the north by the center line of U.S. Hwy 2
(Idaho Street), on the west by the centerline of 5th Avenue West North, on the south by the center line
of West Center Street and on the east by the centerline of U.S. Hwy 93 (Main Street).
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 17TH DAY OF APRIL, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
CITY OF KALISPELL PLANNING DEPARTMENT
REQUEST FOR ZONE CHANGE FROM B-4 AND B-5 TO B-3
STAFF REPORT #KZC-17-01
KALISPELL PLANNING DEPARTMENT
March 3, 2017
The following is a report to the Kalispell City Planning Board and the Kalispell
City Council regarding a request to rezone a portion of the Core Area from B-4
(Central Business) and B-5 (Industrial Business) to B-3 (Core Area Business). A
public hearing has been scheduled before the Kalispell City Planning Board for
March 14, 2017 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 properties
generally bounded on the north by the center line of U.S. Hwy 2 (Idaho Street),
on the west by the centerline of St" Avenue West North, on the south by the
center line of West Center Street and on the east by the centerline of U.S. Hwy
93 (Main Street) be rezoned from B-4 and B-5 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-4 and B-5 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 January and held an open house and Planning Board work
session on February 14, 2017. The open house and work session were intended
to provide information regarding the process of a rezone and how a rezone to 13-
3 would affect the use of their property.
A. Petitioner / Owner: City of Kalispell Planning Department
P.O. Box 1997
Kalispell, MT 59903
1
B. Location and Legal Description of Property: The zone change includes
45 property ownerships and encompasses an area bounded on the north
by the center line of U.S. Hwy 2 (Idaho Street), on the west by the
centerline of 51h Avenue West North, on the south by the center line of
West Center Street and on the east by the centerline of U.S. Hwy 93 (Main
Street), located within the SE4 of Section 7, Township 28N, Range 21W,
P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning: The existing land uses within the
rezoning area are primarily commercial. The commercial uses consist of a
mall, offices, hotel, restaurants, gas station, drug store, auto parts, auto
repair and retail. The area also includes some single-family and multi-
family residential dwellings. As mentioned previously, the subject
properties are located within the B-4 and B-5 Zoning Districts. 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".
The Kalispell Zoning Ordinance describes the intent of the B-5 Zoning
District as:
"A zoning district intended primarily to accommodate a variety of business,
warehouse, and light -industrial uses and incorporating these uses into an
integrated design for compatibility. Compatibility issues may be addressed
through development of an industrial -commercial park development or
through a planned unit development (PUD) overlay zoning district. Such
uses would typically not create objectionable characteristics (such as dirt,
noise, glare, heat, odor, smoke, etc.) which extend beyond lot lines. This
district should be located near major arterials or rail services. This zoning
district would typically be found in areas designated as industrial or urban
mixed use 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 53 acres.
2
F. Adjacent Land Uses and Zoning:
North: B-2, U.S. Hwy 2, commercial and residential
East: B-3, commercial
South: B-2 and B-4, commercial and residential
West: B-5 and I-1, industrial, commercial and residential
G. General Land Use Character: The general land use character of this area
can be described as commercial with some intermittent residential uses.
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: Staff has received some phone calls and also had a few
attendees of the open house. One residential property owner was
concerned with the reduced setbacks adjacent their property; however,
agreed with the vision of the Core Area Plan and the proposed zoning. All
other public comment received was supportive. All of the property owners
within the area to be rezoned were notified and at which time they were
notified of the open house and Planning Board work session.
EVALUATION BASED ON STATUTORY CRITERIA
This report evaluates the amendment request in accordance with state and
local regulations. The statutory basis for reviewing a change in zoning is set
forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303
M.C.A. Findings of Fact for the zone change request are discussed relative to
the itemized criteria described by 76-2-304, M.C.A.
1. Is the zoning regulation made in accordance with the growth 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 general welfare?
As with safety from fire and other dangers, the general health, safety,
and welfare of the public will be promoted through general city
regulations designed to regulate allowable uses when the property is
developed or remodeled. The standards and uses 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 developments 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. 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-4 and B-5 Zones do 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-17-01 as findings of fact and recommend
to the Kalispell City Council that the areas zoned B-4 (Central Business) and B-5
(Industrial Business) be rezoned to B-3 (Core Area Business).
k,
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
March 14, 2017
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: Doug Kauffman, Christopher Yerkes,
Rory Young, Ronalee Skees, Steve Lorch & Chad Graham.
Charles Pesola was absent. Tom Jentz, Jarod Nygren and PJ
Sorensen represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Lorch moved and Skees seconded a motion to approve the minutes
of the February 14, 2017, 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.
B3 CORE AREA REZONE —
The City of Kalispell Planning Department is requesting that
PHASE 3
properties generally bounded on the north by the center line of
U.S. Hwy 2 (Idaho Street), on the west by the centerline of 5th
Avenue West North, on the south by the center line of West
Center Street and on the east by the centerline of U.S. Hwy 93
(Main Street) be rezoned from B-4 and B-5 to B-3.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report #KZC-17-01 for the board.
Nygren noted the work session and open house that was held on
February 14 and mentioned that the feedback received thus far
from the property owners who were notified have been favorable.
He went on to describe the boundaries and existing zoning of this
particular phase of the core area rezone as well as reviewed the
uses allowed with the proposed B-3 zoning.
It is recommended that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KZC-17-01 as findings of
fact and recommend to the Kalispell City Council that the areas
zoned B-4 (Central Business) and B-5 (Industrial Business) be
rezoned to B-3 (Core Area Business).
BOARD DISCUSSION
None.
PUBLIC HEARING
Dean Hadley — 515 W. Montana St — mentioned he has a business
in the core area and asked about provisions to the grandfathered
clause for this area.
Kalispell City Planning Board
Minutes of the meeting of January 10, 2017
Page I 1
MOTION
Lorch moved and Kauffman seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt Staff Report
#KZC-17-01 as findings of fact and recommend to the Kalispell
City Council that the areas zoned B-4 (Central Business) and B-5
(Industrial Business) be rezoned to B-3 (Core Area Business).
BOARD DISCUSSION
Graham asked staff to address Hadley's question about the
grandfather clause. Jentz proceeded to advise Hadley and the
board that if there is an existing use that does not comply with the
proposed B-3 zoning it would be grandfathered and they can
continue on with whatever use they have. He then asked Hadley
what his business entails. Hadley advised that it is a furniture
restoration business that has a spray booth system. Nygren advised
that the B-3 zone permits light industrial and that the business
should be fine in the proposed zone.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
Jentz briefly updated the board that City Council moved forward
with the lst reading of the Hospital PUD and will go to a 2nd
reading on March 201h. Also, the Growth Policy will be coming
back to the Planning Board soon.
NEW BUSINESS
Jentz advised that next month's meeting on April 11 th will have a
fairly large agenda and stressed the importance that all board
members need to be present if possible.
ADJOURNMENT
The meeting was adjourned at approximately 6:11 p.m.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be held on
Tuesday, April 11, 2017 at 6:00 p.m. and located in the Kalispell
City Council Chambers, 201 lst Avenue East.
Chad Graham
President
APPROVED as submitted/amended:
Kari Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of January 10, 2017
Page 12
NORTH B-3 Core Area Rezone - Feb 21 st, 2017
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