H4. Ord 1789 - Private School text amendmentPLkNNING FORTHE FUTURE
REPORT TO: Doug Russell, City Manager D
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1789 — KZTA- 17-0 1 -Zoning Text Amendment Request
MEETING DATE: May 1, 2017
BACKGROUND: Kalispell Meeting Halls, Inc. is requesting a text amendment to allow private
schools with a conditional use permit within the B-1 Zoning District. This request stems from the
fact that they have found a property within the B-1 Zone that they would like to have the ability to
operate a private school. Currently, the Kalispell Zoning Ordinance does not provide for private
schools within the B-1 Zone, or any commercial zone for that matter. Private schools are permitted
with a conditional use permit in only the residential and hospital zones. Comparatively, public
schools are a permitted use within all of the city zoning districts. Impacts between public and private
schools generally appear to be similar. Staff therefore concludes that they should be provided in the
same zones. Therefore, staff has expanded the request to allow private schools in only the B-1 Zone
to all commercial zones. The proposed text amendment as drafted would apply to all commercial
zoning districts (B-1, B-2, B-3, B-4 and B-5 Zones), at which time a private school would require a
conditional use permit. An example of the text amendment request is provided below. Deletions are
struck -out and additions are underlined.
27.12.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Auto service station
(2) Bars, taverns and clubs
(3) Bed and breakfast
(4) Community center
(5) Day care - center (13 or more).
(6) Dwellings - townhouse (3 or more attached units)
- multi -family
(7) Group home - 8 or fewer persons
- 9 or more persons
(8) Libraries, museums, and similar cultural facilities
(9) Microbreweries, wineries, distilleries, and tasting rooms
(10) Residential care home or facility
(11) Schools - K-12 (private)
post secondary (private)
(121+) Utilities (primary distribution site)
The Kalispell Planning Board held a duly noticed public hearing on April 11, 2017, to consider the
zoning text amendment request. Staff presented staff report KZTA-17-01 providing details of the
proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as
findings of fact and recommend to the Kalispell City Council that the proposed text amendment be
approved.
There being no public comment, the public hearing was closed and a motion was presented to adopt
staff report KZTA-17-01 as findings of fact, and recommend to the Kalispell City Council that the
zoning text amendment request be approved. The Board briefly discussed the implications of the
ability of a private school to locate adjacent a casino. Further discussion concluded that the zoning
text amendment 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 1789, an ordinance to amend Sections 27.12.030, 27.13.030, 27.14A.030, 27.14B.030,
27.15.030 and Appendix B (Table of Uses Allowed By Zone) of the City of Kalispell Zoning
Ordinance 1677, by adding private schools as an additional permitted use, provided a conditional use
permit is obtained.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1789
Staff Report
April 11, 2017, Kalispell Planning Board Minutes
c: Aimee Brunckhorst, Kalispell City Clerk
2
ORDINANCE NO. 1789
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1677), BY ALLOWING PRIVATE SCHOOLS TO BE CONDITIONALLY
PERMITTED USES IN ALL COMMERCIAL ZONES, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, Kalispell Meeting Halls, Inc. has submitted a written request to amend the Kalispell
Zoning Ordinance, by allowing private schools to be a conditionally permitted use in
the 13-1 zones; and
WHEREAS, staff has determined that private schools should be a conditionally permitted use in
all commercial zones; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department after having been evaluated under
27.29.020, Kalispell Zoning Ordinance; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
text of the Kalispell Zoning Ordinance be amended by allowing private schools to be
a conditionally permitted uses in all commercial zones; and
WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell
City Planning Board and Zoning Commission and hereby adopts the findings made in
Report #KZTA-17-01 as the Findings of Fact applicable to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is
hereby amended as follows on Exhibit "A".
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 15TH DAY OF MAY, 2017.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT A
27.12.30: Uses Which May Be Permitted By Conditional Use Permit.
(1) Auto service station
(2) Bars, taverns and clubs
(3) Bed and breakfast
(4) Community center
(5) Day care - center (13 or more).
(6) Dwellings - townhouse (3 or more attached units)
- multi -family
(7) Group home - 8 or fewer persons
- 9 or more persons
(8) Libraries, museums, and similar cultural facilities
(9) Microbreweries, wineries, distilleries, and tasting rooms
(10) Residential care home or facility
01) Schools - K-12 (private)
- post secondM (private)
(12 i) Utilities (primary distribution site)
27.13.30: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto or vehicle body shops
(3) Auto parking - structure
(4) Bars, taverns, and clubs (Administrative CUP)
(5) Campground/RV Park
(6) Casino -accessory (refer to Section 27.34.040)
(7) Contractor's storage yard
(8) Dwellings - multi -family
- townhouse (3 or more attached units)
(9) Group home - 8 or fewer persons
- 9 or more persons
(10) Homeless shelters
(11) Kennels, animal shelters (Administrative CUP)
(12) Mini-storage/recreational vehicle storage (Administrative CUP)
(13) Recreation area, outdoor
(14) Residential care home or facility
(15) Schools - K-l2 (private)
- post secondary (private)
(16-fi) Shooting/archery - indoor (Administrative CUP)
(176) Utilities (primary distribution site)
27.14A.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto (RV, boats, motorcycles) sales and/or repair
(3) Bars, taverns and clubs (Administrative CUP)
(4) Casino -accessory (refer to Section 27.34.040)
(5) Group home - 8 or fewer persons
- 9 or more persons
(6) Homeless shelters
(7) HVAC/electrical/plumbing, sales/service
(8) Recreation area, outdoor
(9) Repair shops (appliance)
(10) Residential care home or facility
01) Schools - K-12 (private)
- post secondary(private)
(12-) Shooting/archery (indoor) (Administrative CUP)
(1 ),2-) Small engine sales, service and repair
(1-1 ") Utilities (primary distribution site)
27.14B.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto (RV, boat, motorcycle) sales and/or repair
(3) Auto parking - structure
(4) Auto service station
(5) Bars, taverns and clubs (Administrative CUP)
(6) Casino -accessory (refer to Section 27.34.040)
(7) Dwellings - townhouse (3 or more attached units)
- multi -family
(8) Group home - 8 or fewer persons
- 9 or more persons
(9) Homeless shelters
(10) Residential care home or facility
01) Schools - K-12 (private)
- post secondary (private)
(121-) Utilities (primary distribution site)
27.15.30: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Casino (refer to Section 27.34.040)
(2) Casino -accessory (refer to Section 27.34,040)
(3) Feed/seed/ processing/cleaning
(4) Fuel oil/gas/petroleum products, bulk storage/sale
(5) Grain elevators
(6) Homeless shelters
(7) Kennels, animal shelters (Administrative CUP)
(8) Mini storage/recreational vehicle storage (Administrative CUP)
(9) Pre-release centers and private jail facilities
(10) Recreation area, outdoor
(11) Recycling center
(12) Schools - K-12 (private)
- post secondary(private)
(132) Shooting/archery ranges — outdoor (archery only)
(14-3) Telecommunication towers, cellular communication towers (including
radio, TV, internet, phone and cable providers)
(154) Utility storage yards and associated offices
(165) Utilities (primary distribution site)
APPENDIX B,
TABLE OF USES ALLOWED BY ZONE
REVISED USE
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CATEGORIES
Schools — K-12
C
C
C
C
C
C
C
C
(private)-
—
—
Schools — post
C
C
C
C
C
C
C
C
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C'
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secondary rivate
CITY OF KALISPELL — ZONING REGULATIONS
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KZTA-17-01
March 22, 2017
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 allow "private" schools within
the commercial zoning districts (B-1, B-2, B-3, B-4 and B-5) provided a conditional use permit is
obtained. Currently, "public" schools are provided for within the commercial zoning districts, but
"private" schools are not. A public hearing has been scheduled before the planning board for April
11, 2017, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will
forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
A. Petitioner: Kalispell Meeting Halls, Inc.
391 Stillwater Road
Kalispell, MT 59901
B. Area Affected by the Proposed Changes:
Any property within a commercial zoning district (B-1, B-2, B-3, B-4 and B-5) in the City of
Kalispell would be affected by the change.
C. Proposed Amendment:
The changes to the current text of the code sections are indicated below. The code sections
proposed to be changed are limited to the conditional use permit sections of the B-1, B-2, B-3, B-
4 and B-5 Zones. Additionally, the Appendix B would be changed accordingly. Deletions are
struck -out and additions are underlined.
27.12.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Auto service station
(2) Bars, taverns and clubs
(3) Bed and breakfast
(4) Community center
(5) Day care - center (13 or more).
(6) Dwellings - townhouse (3 or more attached units)
- multi -family
(7) Group home - 8 or fewer persons
- 9 or more persons
(8) Libraries, museums, and similar cultural facilities
(9) Microbreweries, wineries, distilleries, and tasting rooms
(10) Residential care home or facility
(11) Schools - K-12 (Private)
- post secondary (private)
(12+) Utilities (primary distribution site)
27.13.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto or vehicle body shops
(3) Auto parking - structure
(4) Bars, taverns, and clubs (Administrative CUP)
(5) Campground/RV Park
(6) Casino -accessory (refer to Section 27.34.040)
(7) Contractor's storage yard
(8) Dwellings - multi -family
- townhouse (3 or more attached units)
(9) Group home - 8 or fewer persons
- 9 or more persons
(10) Homeless shelters
(11) Kennels, animal shelters (Administrative CUP)
(12) Mini-storage/recreational vehicle storage (Administrative CUP)
(13) Recreation area, outdoor
(14) Residential care home or facility
(15) Schools - K-12 (Private)
- post secondary (private)
(16-5) Shooting/archery - indoor (Administrative CUP)
(176) Utilities (primary distribution site)
27.14A.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto (RV, boats, motorcycles) sales and/or repair
(3) Bars, taverns and clubs (Administrative CUP)
(4) Casino -accessory (refer to Section 27.34.040)
(5) Group home - 8 or fewer persons
- 9 or more persons
(6) Homeless shelters
(7) HVAC/electrical/plumbing, sales/service
(8) Recreation area, outdoor
(9) Repair shops (appliance)
(10) Residential care home or facility
(11) Schools - K-12 (Private)
- post secondary (private)
(12+) Shooting/archery (indoor) (Administrative CUP)
(132) Small engine sales, service and repair
(14-3) Utilities (primary distribution site)
27.14B.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto (RV, boat, motorcycle) sales and/or repair
(3) Auto parking - structure
(4) Auto service station
(5) Bars, taverns and clubs (Administrative CUP)
(6) Casino -accessory (refer to Section 27.34.040)
(7) Dwellings - townhouse (3 or more attached units)
- multi -family
(8) Group home - 8 or fewer persons
- 9 or more persons
(9) Homeless shelters
(10) Residential care home or facility
(11) Schools - K-12 (Drivate)
- post secondary (private)
(124-) Utilities (primary distribution site)
27.15.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Casino (refer to Section 27.34.040)
(2) Casino -accessory (refer to Section 27.34.040)
(3) Feed/seed/ processing/cleaning
(4) Fuel oil/gas/petroleum products, bulk storage/sale
(5) Grain elevators
(6) Homeless shelters
(7) Kennels, animal shelters (Administrative CUP)
(8) Mini storage/recreational vehicle storage (Administrative CUP)
(9) Pre-release centers and private jail facilities
(10) Recreation area, outdoor
(11) Recycling center
(12) Schools - K-12 (Private)
- post secondary (private)
(13-2) Shooting/archery ranges — outdoor (archery only)
(14-3) Telecommunication towers, cellular communication towers (including
radio, TV, internet, phone and cable providers)
(154) Utility storage yards and associated offices
(16-5) Utilities (primary distribution site)
APPENDIX B,
TABLE OF USES ALLOWED BY ZONE
REVISED USE
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CATEGORIES
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Schoo�s — K-12
C
C
C
C
C
C
C
C
C
C
C
C
C
C
( riva e)
Schoofs
— post
C
C
C
C
C
C
C
C
C
C
C
C
C
C
secon
(private)
D. Staff Discussion:
Kalispell Meeting Halls, Inc. is requesting a text amendment to allow private schools with a
conditional use permit within the B-1 Zone. This request stems from the fact that they have found
a property within the B-1 Zone that they would like to have the ability to operate a private school.
Currently, the Kalispell Zoning Ordinance does not provide for private schools within the B-1
Zone, or any commercial zone for that matter as mentioned above. Private schools are permitted
with a conditional use permit in only the residential and hospital zones. Comparatively, public
schools are a permitted use within all of the city zoning districts. Impacts between public and
private school generally appear to be similar. Staff therefore concludes that they should be
provided in the same zones. Therefore, staff has expanded the request to allow private schools in
only the B-I Zone to all commercial zones. The proposed text amendment as drafted would apply
to all commercial zoning districts, at which time a private school would require a conditional use
permit.
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 rthpolicy?
The proposal is consistent with the goals and policies of the growth policy. The growth
policy encourages the development and growth of prosperous commercial districts, each
with a viable mix of business. Allowing private schools within commercial districts would
allow for additional business that is currently prohibited. Schools, including private
schools, are an integral component to the community and therefore should be provided for
within the zoning ordinance. As drafted, a private school would require a conditional use
permit within commercial zoning districts at which time impacts of the use will be
analyzed.
2. Does the zoning regulation consider the effect on motorized and nonmotorized
transportation systems?
The proposed amendment would have a minimal effect on transportation systems, because
any development or redevelopment is reviewed by the city's Site Review Committee to
ensure any impacts to the transportation system are adequately addressed. Additionally, a
private school would require a conditional use permit within commercial zoning districts at
which time impacts to transportation systems will be analyzed.
3. Is the zoning regulation designed to secure safety from fire and other dangers?
The proposed amendment would have little impact. City codes such as building, fire, and
zoning regulations, adequately address fire and other dangers.
4. Is the zoning_ regulation designed to promote public health, public safety, and the general
welfare?
As with safety from fire and other dangers, the general health, safety, and welfare of the
public will be promoted through general city regulations designed to regulate allowable
uses when the use is developed or remodeled. In this case a conditional use will also be
required for a private school, at which time impacts of the use will be analyzed at the
public level. Conditional use permits provide an additional level and analyze how a use
protects public health, public safety, and the general welfare.
5. Does the zoning regulation consider the reasonable provision of adequate light and air?
The proposal will not have an impact on light and air. Other applicable zoning and building
code regulations; such as setbacks, lot coverage, height, etc. ensure a reasonable provision
of air and light.
6. Is the zoning regulation designed to facilitate the adequate provision of transportation,
water; sewerage, schools, parks, and other public requirements?
The proposal would have minimal impact on those services. Within the city, any use
impacted by this amendment would likely be connected to existing city utilities and other
services. Additionally, a conditional use permit will be required for a private school at
which time impacts to these services will be analyzed on an individual basis.
7. Does the zoning regulation consider the character of the district and its peculiar suitability
for particular uses?
Private schools are not out of character for a commercial zoning district where there are
uses that have similar impacts. Additionally, as proposed private schools would require a
conditional use permit at which time the developments impacts will be analyzed and
mitigated as necessary.
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 the city.
Allowing private schools within commercial zones permits an additional use that is
currently prohibited; therefore, providing for more options which could increase buildings
values in commercial districts.
9. Does the zoning regulation encourage the most appropriate use of land throughout the
municipality?
This amendment encourages the most appropriate use of land in the city by allowing for
private schools within commercial zoning districts. Private schools are comparable in type
to other uses currently provided for within the commercial zoning districts. Schools,
including private schools, are an integral component to the community and therefore
should be provided for within the zoning ordinance. A conditional use permit would still
be required for a private school within any commercial district, giving an additional public
review of the project and ability of the planning board and council to consider impacts of
the use.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-
17-01 and recommend to the Kalispell City Council that the proposed text amendment be adopted
as provided herein.