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E5. Ord 1796 - Core Area B-3 Ph 4PLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT: MEETING DATE: MONTANA Doug Russell, City Manager, ' 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 Ordinance 1796 — 2nd Reading for B-3 Core Area Rezone Phase 4 August 21, 2017 BACKGROUND: This is the second reading of Ordinance 1796, an ordinance to rezone a portion of the Core Area from Core Area from B-2 (General Business), B-5 (Industrial 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-5 and I-1 to B-3 reflects the goals and policies of the Core Area Plan. The Kalispell City Council, at their meeting on August 7, 2017, approved the first reading of Ordinance 1796, unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1796, 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-5 and I-1 to B-3, located within Section 7 and Section 18, 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. ATTACHMENTS: Ordinance 1796 Staff Report KZC-17-02 Report compiled: August 15, 2017 Aimee Brunckhorst, Kalispell City Clerk ORDINANCE Ivl04 R 796 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE TTO. 1677), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS AN AREA BOUNDED ON THE NORTH BY U.S. HWY 2 BETWEEN 7TH AVENUE WEST NORTH AND 5TH AVENUE WEST NORTH; THENCE SOUTHERLY ALONG 5TH AVENUE WEST NORTH FROM U.S. HWY 2 TO CENTER STREET; THENCE EASTERLY ALONG CENTER STREET FROM 5TH AVENUE WEST NORTH TO THE ALLEY LOCATED BETWEEN 3RD AVENUE WEST AND 2ND AVENUE WEST; THENCE SOUTHERLY ALONG THE ALLEY LOCATED BETWEEN 3RD AVENUE WEST AND 2ND AVENUE WEST FROM CENTER STREET TO 1ST STREET WEST; THENCE WESTERLY ALONG 1ST STREET WEST BETWEEN ALLEY LOCATED BETWEEN 3RD AVENUE WEST AND 2ND AVENUE WEST TO 5TH AVENUE WEST NORTH; THENCE NORTH ALONG 5TH AVENUE WEST NORTH FROM 1ST STREET WEST TO U.S. 2, LOCATED WITHIN SECTION 7 AND SECTION 18, 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-5, Industrial Business; or I-1, Light Industrial, be zoned B-3, Core Area Business; and WHEREAS, the properties are generally bounded on the north by U.S. Hwy 2 between 7th Avenue West North and 5th Avenue West North; thence southerly along 5th Avenue West North from U.S. Hwy 2 to Center Street; thence easterly along Center Street from 5th Avenue West North to the alley located between 3rd Avenue West and 2nd Avenue West; thence southerly along the alley located between 3rd Avenue West and 2nd Avenue West from Center Street to 1st Street West; thence westerly along 1st Street West between alley located between 3rd Avenue West and 2nd Avenue West to 5th Avenue West North; thence north along 5th Avenue West North from 1st Street West to U.S. 2; and WHEREAS, the Planning Department prepared a report, Staff Report #KZC-17-02, 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 July 17, 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-17-02. 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 U.S. Hwy 2 between 7th Avenue West North and 5th Avenue West North; thence southerly along 5th Avenue West North from U.S. Hwy 2 to Center Street; thence easterly along Center Street from 5th Avenue West North to the alley located between 3rd Avenue West and 2nd Avenue West; thence southerly along the alley located between 3rd Avenue West and 2nd Avenue West from Center Street to lst Street West; thence westerly along lst Street West between alley located between 3rd Avenue West and 2nd Avenue West to 5th Avenue West North; thence north along 5th Avenue West North from 1st Street West to U.S. 2. 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 C; TYOF KALiSPELL PLANNING DEPARTMENT REQUEST FOR ZONE CHANGE FROM B-2, B-5 AND I-1 TO B-3 STAFF REPORT 4KZC-17-02 KALISPELL PLANNING DEPARTMENT June 28, 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-5 (Industrial 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 July 11, 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 bounded on the north by U.S. Hwy 2 between 71h Avenue West North and 51h Avenue West North; thence southerly along 5th Avenue West North from U.S. 2 to Center Street; thence easterly along Center Street from 5th Avenue West North to the alley located between 3rd Avenue West and 2nd Avenue West; thence southerly along the alley located between 3' Avenue West and 2nd Avenue West from Center Street to 1st Street West; thence westerly along I' Street West between alley located between 3rd Avenue West and 2nd Avenue West to 5th Avenue West North; thence north along 5th Avenue West North from I' Street West to U.S. 2, the point of beginning, be rezoned from B-2, B-5 and I-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-5 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 May and held an open house and Planning Board work session on June 13, 2017. The open house and work session 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. 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 65 property ownerships and encompasses an area bounded on the north by U.S. Hwy 2 between 7th Avenue West North and 5th Avenue West North; thence southerly along 5th Avenue West North from U.S. Hwy 2 to Center Street; thence easterly along Center Street from 5th Avenue West North to the alley located between 3rd Avenue West and 2nd Avenue West; thence southerly along the alley located between 3rd Avenue West and 2nd Avenue West from Center Street to 1 st Street West; thence westerly along 15t Street West between alley located between 3rd Avenue West and 2nd Avenue West to 5th Avenue West North; thence north along 5th Avenue West North from I' Street West to U.S. 2, the point of beginning, located within Section 7 and Section 18, Township 28N, Range 21 W, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The existing land uses within the rezoning area are primarily commercial and industrial. The area also includes both single-family and multi- family residential dwellings. As mentioned previously, the subject properties are located within the B-2, B-5 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-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." 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." 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 35 acres. F. Adjacent Land Uses and Zoning: North: B-2, U.S. Hwy 2, commercial and residential East: B-3 and B-4, commercial South: RA-1, residential with a small amount of commercial West: I-1 and B-2, industrial, commercial and residential G. General Land Use Character: The general land use character of this area can be broken into two areas. The area bound by U.S. 2 on the north and Center Street on the south is a mix of uses consisting of primarily industrial and commercial uses with a small amount of residential. The general land use character of the area bound by Center Street on the north and 1' Street on the south is also a mix of uses; however, there aren't any heavy industrial uses as the area is primarily commercial, single-family and multi -family residential. 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 one attendee of the open house. To date, there has not been any opposition received. 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. 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. 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. 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. Does the zoning regulation consider the character of the district and its peculiar suitabilitX 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. 9 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-5 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. Rezoning of the properties would be consistent with previous efforts to rezone the Core Area, as this is the fourth phase in an effort to completely rezone the Core Area. 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-17-02 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (Central Business), B-5 (Industrial Business) and I-1 (Light Industrial) be rezoned to B- 3 (Core Area Business). 5 IAL B-3 Rezone, Phase 4 - Kalispell NORTH I 11111111subject Property 15 Oft. Mailing List 0, 0, �41 C, 'A S' ImA 'v U.;;1&V6i" I` -� - J Kalispell Planning Dept. Date: June 20th, 2017 File Path: 1/201 7/ja rod/0620201 7 0 375 750 1(01NT I N, Feet