Request for zone change from b-4 and b-5 to b-3

CITY OF KALISPELL PLANNING DEPARTMENT

REQUEST FOR ZONE CHANGE FROM B-4 AND B-5 TO B-3

STAFF REPORT #KZC-17-01
KALISPELL PLANNING DEPARTMENT

March 3, 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-4 (Central Business) and B-5 (Industrial Business) to B-3 (Core Area Business). A public hearing has been scheduled before the Kalispell City Planning Board for March 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 properties generally bounded on the north by the center line of U.S. Hwy 2 (Idaho Street), on the west by the centerline of 5^th Avenue West North, on the south by the center line of West Center Street and on the east by the centerline of U.S. Hwy 93 (Main Street) be rezoned from B-4 and B-5 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-4 and B-5 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 January and held an open house and Planning Board work session on February 14, 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.

1. 
   Petitioner / Owner: City of Kalispell Planning Department
   

P.O. Box 1997

Kalispell, MT 59903

2. 
   Location and Legal Description of Property: The zone change includes 45 property ownerships and encompasses an area bounded on the north by the center line of U.S. Hwy 2 (Idaho Street), on the west by the centerline of 5^th Avenue West North, on the south by the center line of West Center Street and on the east by the centerline of U.S. Hwy 93 (Main Street), located within the SE4 of Section 7, Township 28N, Range 21W, P.M.M., Flathead County, Montana.
   

3. 
   Existing Land Use and Zoning: The existing land uses within the rezoning area are primarily commercial. The commercial uses consist of a mall, offices, hotel, restaurants, gas station, drug store, auto parts, auto repair and retail. The area also includes some single-family and multi-family residential dwellings. As mentioned previously, the subject properties are located within the B-4 and B-5 Zoning Districts. 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 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.”

4. 
   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.”

5. 
   Size: The area to be rezoned is approximately 53 acres.
   

6. 
   Adjacent Land Uses and Zoning:
   

North: B-2, U.S. Hwy 2, commercial and residential

East: B-3, commercial

South: B-2 and B-4, commercial and residential

West: B-5 and I-1, industrial, commercial and residential

7. 
   General Land Use Character: The general land use character of this area can be described as commercial with some intermittent residential uses.
   

8. 
   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 a few attendees of the open house. One residential property owner was concerned with the reduced setbacks adjacent their property; however, agreed with the vision of the Core Area Plan and the proposed zoning. All other public comment received was supportive. 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.
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.

1. 
   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.
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-4 and B-5 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.

RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-17-01 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-4 (Central Business) and B-5 (Industrial Business) be rezoned to B-3 (Core Area Business).