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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)