City of Kalispell Zoning Regulations

CITY OF KALISPELL – ZONING REGULATIONS KALISPELL PLANNING DEPARTMENT STAFF REPORT #KZTA-17-01 March 22, 2017

This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Zoning Ordinance to allow “private” schools within the commercial zoning districts (B-1, B-2, B-3, B-4 and B-5) provided a conditional use permit is obtained. Currently, “public” schools are provided for within the commercial zoning districts, but “private” schools are not. A public hearing has been scheduled before the planning board for April 11, 2017, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action.

BACKGROUND INFORMATION

A. Petitioner: Kalispell Meeting Halls, Inc. 391 Stillwater Road Kalispell, MT 59901

B. Area Affected by the Proposed Changes:

Any property within a commercial zoning district (B-1, B-2, B-3, B-4 and B-5) in the City of Kalispell would be affected by the change.

C. Proposed Amendment:

The changes to the current text of the code sections are indicated below. The code sections proposed to be changed are limited to the conditional use permit sections of the B-1, B-2, B-3, B- 4 and B-5 Zones. Additionally, the Appendix B would be changed accordingly. Deletions are struck-out and additions are underlined.

27.12.030: 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) (121) Utilities (primary distribution site)

27.13.030: Uses Which May Be Permitted By Conditional Use Permit. (1) Assembly halls/stadiums/convention hall facilities (includes public fair grounds, auditoriums, and racetracks) (2) Auto or vehicle body shops (3) Auto parking - structure (4) Bars, taverns, and clubs (Administrative CUP) (5) Campground/RV Park (6) Casino-accessory (refer to Section 27.34.040) (7) Contractor’s storage yard (8) Dwellings - multi-family - townhouse (3 or more attached units) (9) Group home - 8 or fewer persons - 9 or more persons (10) Homeless shelters (11) Kennels, animal shelters (Administrative CUP) (12) Mini-storage/recreational vehicle storage (Administrative CUP) (13) Recreation area, outdoor (14) Residential care home or facility (15) Schools - K-12 (private) - post secondary (private) (165) Shooting/archery - indoor (Administrative CUP) (176) Utilities (primary distribution site)

27.14A.030: Uses Which May Be Permitted By Conditional Use Permit.

(1) Assembly halls/stadiums/convention hall facilities (includes public fair grounds, auditoriums, and racetracks) (2) Auto (RV, boats, motorcycles) sales and/or repair (3) Bars, taverns and clubs (Administrative CUP) (4) Casino-accessory (refer to Section 27.34.040) (5) Group home - 8 or fewer persons - 9 or more persons (6) Homeless shelters (7) HVAC/electrical/plumbing, sales/service (8) Recreation area, outdoor (9) Repair shops (appliance) (10) Residential care home or facility (11) Schools - K-12 (private) - post secondary (private) (121) Shooting/archery (indoor) (Administrative CUP) (132) Small engine sales, service and repair (143) Utilities (primary distribution site)

27.14B.030: Uses Which May Be Permitted By Conditional Use Permit.

(1) Assembly halls/stadiums/convention hall facilities (includes public fair grounds, auditoriums, and racetracks) (2) Auto (RV, boat, motorcycle) sales and/or repair (3) Auto parking - structure (4) Auto service station (5) Bars, taverns and clubs (Administrative CUP) (6) Casino-accessory (refer to Section 27.34.040) (7) Dwellings - townhouse (3 or more attached units) - multi-family (8) Group home - 8 or fewer persons - 9 or more persons (9) Homeless shelters (10) Residential care home or facility (11) Schools - K-12 (private) - post secondary (private) (121) Utilities (primary distribution site)

27.15.030: Uses Which May Be Permitted By Conditional Use Permit.

(1) Assembly halls/stadiums/convention hall facilities (includes public fair grounds, auditoriums, and racetracks) (2) Casino (refer to Section 27.34.040) (2) Casino-accessory (refer to Section 27.34.040) (3) Feed/seed/ processing/cleaning (4) Fuel oil/gas/petroleum products, bulk storage/sale (5) Grain elevators (6) Homeless shelters (7) Kennels, animal shelters (Administrative CUP) (8) Mini storage/recreational vehicle storage (Administrative CUP) (9) Pre-release centers and private jail facilities (10) Recreation area, outdoor (11) Recycling center (12) Schools - K-12 (private) - post secondary (private) (132) Shooting/archery ranges – outdoor (archery only) (143) Telecommunication towers, cellular communication towers (including radio, TV, internet, phone and cable providers) (154) Utility storage yards and associated offices (165) Utilities (primary distribution site)

APPENDIX B, TABLE OF USES ALLOWED BY ZONE 1 2 - - 1 2 4 1 3 5 1 2 3 4 5 1

REVISED USE 1 2 ------A A I I P B B B B B R R R R R H

CATEGORIES R R

Schools – K-12 C C C C C C C C C C C C C C (private) Schools – post C C C C C C C C C C C C C C secondary (private)

D. Staff Discussion: Kalispell Meeting Halls, Inc. is requesting a text amendment to allow private schools with a conditional use permit within the B-1 Zone. This request stems from the fact that they have found a property within the B-1 Zone that they would like to have the ability to operate a private school. Currently, the Kalispell Zoning Ordinance does not provide for private schools within the B-1 Zone, or any commercial zone for that matter as mentioned above. Private schools are permitted with a conditional use permit in only the residential and hospital zones. Comparatively, public schools are a permitted use within all of the city zoning districts. Impacts between public and private school generally appear to be similar. Staff therefore concludes that they should be provided in the same zones. Therefore, staff has expanded the request to allow private schools in only the B-1 Zone to all commercial zones. The proposed text amendment as drafted would apply to all commercial zoning districts, at which time a private school would require a conditional use permit.

EVALUATION BASED ON STATUTORY CRITERIA

The statutory basis for reviewing a change in zoning is set forth by 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 the development and growth of prosperous commercial districts, each with a viable mix of business. Allowing private schools within commercial districts would allow for additional business that is currently prohibited. Schools, including private schools, are an integral component to the community and therefore should be provided for within the zoning ordinance. As drafted, a private school would require a conditional use permit within commercial zoning districts at which time impacts of the use will be analyzed.

2. Does the zoning regulation consider the effect on motorized and nonmotorized transportation systems?

The proposed amendment would have a minimal effect on transportation systems, because any development or redevelopment is reviewed by the city’s Site Review Committee to ensure any impacts to the transportation system are adequately addressed. Additionally, a private school would require a conditional use permit within commercial zoning districts at which time impacts to transportation systems will be analyzed.

3. Is the zoning regulation designed to secure safety from fire and other dangers?

The proposed amendment would have little impact. City codes such as building, fire, and zoning regulations, adequately address fire and other dangers.

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 use is developed or remodeled. In this case a conditional use will also be required for a private school, at which time impacts of the use will be analyzed at the public level. Conditional use permits provide an additional level and analyze how a use protects public health, public safety, and the general welfare.

5. Does the zoning regulation consider the reasonable provision of adequate light and air?

The proposal will not have an impact on light and air. Other applicable zoning and building code regulations; such as setbacks, lot coverage, height, etc. ensure a reasonable provision of air and light.

6. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements?

The proposal would have minimal impact on those services. Within the city, any use impacted by this amendment would likely be connected to existing city utilities and other services. Additionally, a conditional use permit will be required for a private school at which time impacts to these services will be analyzed on an individual basis.

7. Does the zoning regulation consider the character of the district and its peculiar suitability for particular uses?

Private schools are not out of character for a commercial zoning district where there are uses that have similar impacts. Additionally, as proposed private schools would require a conditional use permit at which time the developments impacts will be analyzed and mitigated as necessary.

8. Does the zoning regulation consider conserving the value of buildings?

Building values will be conserved by providing reasonable standards within zoning districts by encouraging predictable, orderly, and consistent development within the city. Allowing private schools within commercial zones permits an additional use that is currently prohibited; therefore, providing for more options which could increase buildings values in commercial districts.

9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality?

This amendment encourages the most appropriate use of land in the city by allowing for private schools within commercial zoning districts. Private schools are comparable in type to other uses currently provided for within the commercial zoning districts. Schools, including private schools, are an integral component to the community and therefore should be provided for within the zoning ordinance. A conditional use permit would still be required for a private school within any commercial district, giving an additional public review of the project and ability of the planning board and council to consider impacts of the use.

RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-17-01 and recommend to the Kalispell City Council that the proposed text amendment be adopted as provided herein.