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E4. Ord 1795 - Core Area B-3 Ph 2PUNNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispelLeom/planning SUBJECT: Ordinance 1795 — 2nd Reading for B-3 Core Area Rezone Phase 2 MEETING DATE: August 21, 2017 BACKGROUND: This is the second reading of Ordinance 1795, an ordinance to rezone a portion of the Core Area from B-2 (General Business), B-4 (Central Business) and I-1 (Light Industrial) 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-2, B-4 and I-1 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. There was originally opposition from one property owner whom wished to be excluded; however, as outlined below were later included in the zone change proposal. 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 Kalispell City Council, at their meeting on August 7, 2017, approved the first reading of Ordinance 1795, unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1795, an ordinance to amend Section 27.02.010, official zoning map of the City of Kalispell Zoning Ordinance 1677, by rezoning certain real properties within the Core Area from B-2, B-4 and I-1 to B-3, located within Section 7 and Section 8, Township 28N, Range 21W, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. Report compiled: August 15, 2017 ATTACHMENTS: Ordinance 1795 Staff Report c: Aimee Brunckhorst, Kalispell City Clerk 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 3RD AVENUE EAST NORTH, ON THE SOUTH BY THE CENTER LINE OF CENTER STREET BETWEEN 3RD AND 4TH AVENUE EAST NORTH AND THEN THE SOUTH SIDE OF THE BNSF RAILROAD RIGHT OF WAY FROM 4TH AVENUE EAST NORTH EASTERLY TO ITS INTERSECTION WITH THE EASTERLY END OF THE CITY LIMITS ALONG THE RAILROAD TRACKS, LOCATED WITHIN SECTION 7 AND SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, 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-2, General Business; B-4, Central Business; or I-1, Light Industrial, 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 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF Railroad right of way from 4th Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks; and WHEREAS, the Planning Department prepared a report, Staff Report #KZC-16-04, 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 January 10, 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 -- Plan It 2035 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-16-04. 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 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF Railroad right of way from 4th Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks 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 21ST DAY OF AUGUST, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk CITY OF KALISPELL PLANNING DEPARTMENT REQUEST FOR ZONE CHANGE FROM B-2 AND B-4 TO B-3 STAFF REPORT #KZC-16-04 KALISPELL PLANNING DEPARTMENT JANUARY 10, 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-2 (General Business), B-4 (Central Business) and I-1 (Light Industrial) to B-3 (Core Area Business). A public hearing has been scheduled before the Kalispell City Planning Board for January 10, 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 the properties generally bounded on the north by the center line of US Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF RR R/W from 41h Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks be rezoned from B-2, B-4 and 1-1 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, B-4 and I-1 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 November and also held an open house on December 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, only the former Rygg Ford property has an objection and has been asked to be excluded. A. Petitioner / Owner: City of Kalispell Planning Department P.O. Box 1997 Kalispell, MT 59903 B. Location and Legal Description of Property: The zone change includes 26 property ownerships and encompasses an area bounded on the north by the center line of US Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF RR R/W from 41h Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks, excluding Parcel "A" and Parcel "B" of COS 13660, located within Section 7 and Section 8, Township 28N, Range 21W, P.M.M., 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 including offices, hotel, restaurant and retail. The area also includes some industrial uses that include a salvage yard, MDT maintenance and CHS fertilizer facility. As mentioned previously, the subject properties are located within the B-2, B-4 and I-1 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". The Kalispell Zoning Ordinance describes the intent of the I-1 Zoning District as: "An industrial district intended to provide areas for light industrial, research and technology. The uses would typically not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.), which extend beyond the lot lines. The zoning district would typically be restricted to area designated as industrial on the Kalispell Growth Policy Future Land Use Map." 2 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 47.8 acres, including the adjacent right-of-way. F. Adjacent Land Uses and Zoning: North: B-2, U.S. Hwy 2, commercial and residential East: B-2, commercial South: RA-1, R-3, P-1, residential, electric substation and Woodland Park West: B-3, commercial and multi -family G. General Land Use Character: The general land use character of this area can be described as commercial with some intermittent light industrial uses. The commercial business uses including offices, hotel, restaurant and retail. The industrial uses include a salvage yard, MDT maintenance and CHS fertilizer facility. 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 3 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 polices 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. 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. 4 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 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 suitabilityparticular 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-2, B-4 and I-1 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. 5 RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 16-04 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business), B-4 (Central Business) and I-1 (Light Industrial) be rezoned to B-3 (Core Area Business). 21 Appendix B - 1 APPENDIX B TABLE OF USES ALLOWED BY ZONE REVISED USE CATEGORIES M N d T Residential Uses Bed and breakfast P I P P Day care - home (12 or fewer) P P P Day care - center (13 or more) P P P Dwellings - single family P P P Dwellings - duplex P P P Dwellings - townhouse (2 attached units) P P P Dwellings - townhouse (3 or more attached units) P C C Dwellings - multi -family P C C/P*l Group home - 8 or fewer persons C C Group home - 9 or more persons C C C Guest House Home occupations P P P P P Mobile home park Residential care home or facility C C Safe houses 13 P P P P Public, Civic & Institutional Uses Aircraft hangers Airports and heliports Assembly halls/stadiums/convention hall facilities (includes auditoriums and racetracks) C C C C Bus station P P P P P Cemeteries, mausoleums and columbariums Church 1' P P P Community center P P P P Energy production C Fairgrounds (public) P P P P P Golf courses Homeless shelters C C C C Appendix B - 2 REVISED USE M N IT T .. CATEGORIES Hospital (including treatment centers and 24 hour care facilities) Jail facilities P P P P P Police and fire stations P P P P P Libraries, museums and P P P P similar cultural facilities Parks P P P P P Post office P P P P Pre-release centers and C private jail facilities C Schools — K-12 (private) Schools — K-12 (public) P P P P P Schools — post secondary (private) Schools — post secondary P P P P (public) P Schools — commercial P P P P P Telecommunication towers, cellular communication towers (including radio, TV, C C internet, phone and cable providers) C, Utilities (primary distribution C C C site) Retail, Service & Business Uses Athletic club P P P Auctions, indoor P P P Auto (RV, boats, motorcycles) sales and/or ( P C P P repair C P P Auto or vehicle body shops Auto parking - surface 13 P P P P Auto parking - structure P C C Auto rental, limo, shuttle P P P (taxi) services P Auto service station P P C P P Bakery 13 P P P P Banks and financial P P P institutions P Barber and beauty services P P P P Bars, taverns and clubs AC AC AC P Appendix B - 3 Campground/RV parks C Car wash, auto detailing shop P P P P P Casino (refer to Section �. C C C 27.34.040) Catering establishments P P P P P Food bank P P P P REVISED USE CATEGORIES M N Funeral homes and 1' P P P crematoriums Greenhouses, nursery centers P and landscaping materials P P P P P p Hotel, motel Janitor services P P P Laundromats or dry cleaners P P P P P Lumber/building material P sales (with/outdoor P P display/storage) P p Media (newspaper, radio, TV) Media, towers and facilities P P P P (accessory) P Microbreweries P P P P P Office - 1, P P P P professional/governmental Office - medical with limited 13 P P P overnight stay Pack and ship shops P P P P P Photographic studio P P P P Print and coy shops 1' P P P P Recreation area, indoor P P P P P Recreation area, outdoor C C P C Rental service stores and P P P yards Repair shops (appliance) P P P Repair shops (clothing, i P P P P electronics) Restaurants P P P P Retail business P P P P Retail, limited P*6 Sexually oriented business C Shooting/archery - indoor AC P P Shooting/archery - outdoor C C (archery only) Appendix B - 4 Small engine sales, service and repair C P P P Tattoo parlor P P P P Theaters P P P P Veterinary clinic - small animals P P P P P Veterinary clinic - large animals P P REVISED USE CATEGORIES m N m .. Industrial Uses Aircraft maintenance/repair P Art foundry, metal sculpture, molding and casting P P Asphalt batch plants Assembly - light P P P Assembly - heavy Auction yards, livestock C Auto wrecking/salvage yards C Contractor's storage yard C P P Extractive industries Farm machinery assembly, repair and sales P P Feed/seed/processing/cleaning C P Fertilizer, bulk sales P P Film production studios P P P Food processing - light P P P Food processing - heavy Forest products and manufacturing C Foundry and metal fabirication plants Fuel oil/gas/petroleum products, bulk storage/sale C C Glazier P PC Grain elevators C HVAC/electrical/plumbing, sales/service �. P P P Heavy equipment sales/service P P Kennels, animal shelters AC AC AC Appendix B - 5 Laboratories, tech research, P P P development and testing Landfills Laundries/dry cleaning plants P P Manufacturing - light (no P P smoke, fumes, odor, dust) Manufacturing - heavy Manufactured home sales lot P Mini-storage/recreation AC AC AC vehicle storage Rail Industrial Park REVISED USE CATEGORIES P Monument manufacture and P sales Recycling center C P Scrap processing yard C (recycle/metal yard) Taxidermy facilities P P Technology - research, P design, engineering and P P telecommunication facilities P P Truck and trailer rental Truck terminal P P Utility storage yards and C P associated offices Warehousing and distribution P P Woodworking shops, mill P P works Agricultural Uses Agricultural and horticultural uses o E � O 0. 0 0 0 0 0 0 � i� �•� 3 0 �. 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