H4. Ord 1803 - Core Ph 5PLANNING FOR THE FUTURE
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REPORT TO: Doug Russell, City Manager �Z
FROM: 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
SUBJECT: Ordinance 1803 — KZC-17-03 Core Area B-3 (Core Area Business) Rezone
MEETING DATE: December 4, 2017
BACKGROUND: A request from the Kalispell City Planning Department to rezone a portion of the
Core Area from B-2 (General 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 and I-1 to B-3 reflects the goals and policies of the Core Area Plan.
The zone change includes 176 property ownerships and encompasses an area bounded on the north
by the centerline of West Idaho (U.S. Hwy 2), on the west by the centerline of South Meridian Road,
on the south by the southern lot lines of tracts 2 and 3 of COS 13659 and the centerline of lst Street
West, and on the east by a line following the centerline of 7th Avenue West extending from lst Street
West to West Idaho, excluding Lot 1 of Block 2 of COS 20375, located within Section 7 and Section
18, Township 28N, Range 21 W, P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on November 14, 2017, to consider
the zone change request. Staff recommended that the Planning Board adopt the staff report KZC-17-
03 as findings of fact and recommend to the Kalispell City Council that the zone change request be
approved.
During the public comment portion of the hearing, Ryan Richardson, disclosed that he would not like
to be included in the zone change. There being no further public testimony, the public hearing was
closed and a motion was presented to adopt staff report KZC-17-03 as findings of fact, and
recommend to the Kalispell City Council that the zone change be approved. The Board discussed the
exclusion of Ryan Richardson's property, at which time a motion was presented to exclude his
property in the zone change request. Discussion concluded the request was appropriate and the
motion was approved unanimously. Board discussion concluded that the zone change was
appropriate, and the original motion, as amended passed unanimously on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading
of Ordinance 1803, 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
and I-1 to B-3, excluding Lot 1 of Block 2 of COS 20375, located within Section 7 and Section 18,
Township 28N, Range 21 W, 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 1803
November 14, 2017, Kalispell Planning Board Minutes
Staff Report
Maps
Aimee Brunckhorst, Kalispell City Clerk
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Exhibit "A"
57- acre area bounded on the north by the centerline of West Idaho (U.S. Hwy 2), on the west by the
centerline of South Meridian Road, on the south by the southern lot lines of tracts 2 and 3 of COS 13659
and the centerline of 1st Street West, and on the east by a line following the centerline of 7th Avenue
West extending from 1st Street West to West Idaho, excluding Lot 1 of Block 2 of COS 20375, located
within Section 7 and Section 18, Township 28N, Range 21W, P.M.M., Flathead County, Montana.
ORDINANCE NO. 1803
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
CENTERLINE OF WEST IDAHO (U.S. HWY 2), ON THE WEST BY THE CENTERLINE
OF SOUTH MERIDIAN ROAD, ON THE SOUTH BY THE SOUTHERN LOT LINES OF
TRACTS 2 AND 3 OF COS 13659 AND THE CENTERLINE OF 1ST STREET WEST, AND
ON THE EAST BY A LINE FOLLOWING THE CENTERLINE OF 7TH AVENUE WEST
EXTENDING FROM 1ST STREET WEST TO WEST IDAHO, EXCLUDING LOT 1 OF
BLOCK 2 OF COS 20375, 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; or I-1,
Light Industrial, be zoned B-3, Core Area Business; and
WHEREAS, the properties are generally bounded on the north by the centerline of West Idaho
(U.S. Hwy 2), on the west by the centerline of South Meridian Road, on the south by
the southern lot lines of tracts 2 and 3 of COS 13659 and the centerline of 1 st Street
West, and on the east by a line following the centerline of 7th Avenue West
extending from 1st Street West to West Idaho, excluding Lot 1 of Block 2 of COS
20375; and
WHEREAS, the Planning Department prepared a report, Staff Report #KZC-17-03, 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 November
14, 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-17-03.
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 an area bounded on the north by the
centerline of West Idaho (U.S. Hwy 2), on the west by the centerline of South
Meridian Road, on the south by the southern lot lines of tracts 2 and 3 of
COS 13659 and the centerline of I" Street West, and on the east by a line
following the centerline of 71h Avenue West extending from 1st Street West to
West Idaho, excluding Lot 1 of Block 2 of COS 20375.
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 4TH DAY OF DECEMBER, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
CITY OF KALISPELL PLANNING DEPARTMENT
REQUEST FOR ZONE CHANGE FROM B-2 AND I-1 TO B-3
STAFF REPORT #KZC-17-03
KALISPELL PLANNING DEPARTMENT
October 31, 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) and I-1
(Light Industrial) to B-3 (Core Area Business). A public hearing has been scheduled before the
Kalispell City Planning Board for November 14, 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 the centerline of West Idaho (U.S. Hwy 2), on the west by the centerline of South Meridian
Road, on the south by the southern lot lines of tracts 2 and 3 of COS 13659 and the centerline of
1" Street West, and on the east by a line following the centerline of 7th Avenue West extending
from 1" Street West to West Idaho, be rezoned from B-2 and I-1 to B-3. This request is the fifth
and final phase of the Core Area rezone process initiated by the Council in Fall 2016. 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 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
September 2017 and held an open house on October 10, 2017. The open house was 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 176 property
ownerships and encompasses an area bounded on the north by the centerline of West Idaho
(U.S. Hwy 2), on the west by the centerline of South Meridian Road, on the south by the
southern lot lines of tracts 2 and 3 of COS 13659 and the centerline of 1st Street West, and
on the east by a line following the centerline of 7th Avenue West extending from 1" Street
West to West Idaho, located within Section 7 and Section 18, Township 28N, Range 21W,
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 south of Center Street. As mentioned previously, the subject
properties are located within the B-2 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 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 57 acres.
F. Adjacent Land Uses and Zoning:
North: B-2 and P-1 Zones, U.S. Hwy 2, commercial and fairgrounds
East: B-3 Zone, commercial and industrial
South: RA-1 and P-1 Zones, residential with a small amount of commercial
West: B-1, B-2, RA-1, R-4 and R-1 Zones, Meridian Road, residential and
commercial
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. The general land use
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character of the area bound by Center Street on the north and I" Street on the south is also a
mix of uses, consisting of primarily single-family and multi -family residential with
intermittent commercial and small industrial uses.
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: To date, there has not been any opposition received from any of the
property owners to be rezoned. Two emails in support have been received and one
opposition letter from a property owner not located within the rezone area was received.
Staff notified all of the affected property owners within the proposed rezone area via letter
in September 2017 and held an open house on October 10, 2017. The open house was
intended to provide information regarding the process of a rezone and how a rezone to B-3
would affect the use of 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 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 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
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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.
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
suitability 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.
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 and I-1 Zones do
not; such as, reduced parking, increased height, reduced setbacks and multi -family uses.
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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
fifth 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-17-03 as findings of fact and recommend to the Kalispell City Council that the areas
zoned B-2 (Central Business) and I-1 (Light Industrial) be rezoned to B-3 (Core Area Business).
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