E4. Ord 1789 - Private SchoolsPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
M01ff"A
Doug Russell, City Manager �)k
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
Second Reading Ordinance 1789 — KZTA-17-01 — Zoning Text
Amendment Request
May 15, 2017
BACKGROUND: This is the second reading of Ordinance 1789, an ordinance which would allow
private schools within the B-1 Zoning District. This request stems from the fact that the applicant has
found a property within the B-1 Zone that they would like to have the ability to operate a private
school. Currently, public schools are allowed within the 13-1 Zone but private schools are not.
The Kalispell City Council, at their meeting on May 1, 2017 considered the ordinance. A motion was
presented to approve Ordinance 1789. The Planning Board had recommended that private schools be
allowed within the B-1 through B-5 Zones. Discussion presided where there were concerns that the
additional commercial zones could hamper restaurant development within the Core Area and
Downtown; therefore, a motion was presented to remove the B-2, B-3, B-4 and B-5 Zones from the
ordinance. The motion passed unanimously upon roll call vote. There being no further discussion, the
original motion, as amended, was approved unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1789, an ordinance to amend Section 27.12.030 and Appendix B (Table of Use
Allowed By Zone) of the City of Kalispell Ordinance 1677, by adding private schools as an
additional permitted use within the B-1 Zoning District, provided a conditional use permit is
obtained.
FISCAL EFFECTS: There are no fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1789
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1789
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1677), BY ALLOWING PRIVATE SCHOOLS TO BE CONDITIONALLY
PERMITTED IN THE B-1 COMMERCIAL ZONE, 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 B-1 zone; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department as a recommended text
amendment to allow private schools to be conditionally permitted in all commercial
zones after making such evaluation under 27.29.020 of the 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 amends the findings made
in Report #KZTA-17-01 to limit the text amendment to allow private schools as a
conditionally permitted use in the B-1 commercial zone only and accepts as the
Findings of Fact the balance of Report 4KZTSA-17-01 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 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
(11) Schools - K-12 (private)
- post secondary (private)
(124-) Utilities (primary distribution site)
APPENDIX B,
TABLE OF USES ALLOWED BY ZONE
REVISED USE
a
N
a
M
a
rz
a
T
g
as
ra
oa
ra
as
a
CATEGORIES
Schools — K-12
C
C
C
C
C
C
C
C
(private)C
Schools — post
C
C
C
C
C
C
C
C
C
seconds(private)