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11-12-85 Planning Board and Zoning CommissionKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION NOVEMBER 12, 1985 CALL TO ORDER The meeting was called to order at 7:30 p.m. with Vice President AND ROLL CALL Charles Manning presiding. Members present were Manning, Crick, Hall, Trippett, and Sloan. Stephens arrived at approximately 7:50 p.m. Those absent were Santa, LeDuc, and Reynolds. Others present were David Greer, Senior Planner, and Nakul Verma, Planning Director, of the Flathead Regional Development Office. APPROVAL OF Manning asked for any corrections to be made,, to the minutes of October MINUTES - OCT. 8, 1985. Trippett moved to approve the minutes as mailed. Sloan 8,1985 seconded and the motion passe.d,.unanimously. AMENDMENT TO Manning introduced the request by Paul and Helen Jones to amend the CITY ZONING Kalispell City Zoning Ordinance to allow "Music Education, Music ORDINANCE FOR Seminars, Recitals, Associated Retail Music Sales, and Expanded Re - ALLOWING MUSIC lated Use" as a permitted use in the B-6 (Resort Business) zoning EDUCATION IN B-6 district. ZONE Greer gave the staff report of the Flathead Regional Development Office stating that the Jones' filed this petition requesting this be allowed as a permitted use in th_e B-6 zone,- They have recently purchased property located west of the intersection of Second Avenue East and 14th Street. The property was last used as a restaurant, "Seafood, Broiler", which went out of business some yea rs,:_ago. The _._. ,.. applicants want to convertit into_, a_ use as stated above. Such use is not specifically listed in Table 3-1 in the Zoning Ordinance. He stated that the staff felt that this stated use did fit with a B-6 zoning classification under the broad definition of -.the district. He further stated that the proposed use is a blending of different uses , „ including education, entertainment, and retail sales. Therefore,. this permitted use could also be applied to othex..zoning districts as well. The staff recommendation is to ;amend the Kalispell Zoning Ordinance to include a new land..use category, "MUSIC EDUCATION WITH RELATED PERFOR-..." MANCE AND LIMITED SALES", and allow it as a permitted use in the B-2, B-4, B-5, B-6, NC1,.C2, and C3 zoning districts. Paul Jones stated that he felt that this proposed -change did not detract from the nature of the B-6 zone. The proposed use of the property at this location would be an upgrade from some other types of �.-us-es_...that ;are- allowed in that zoning district currently. Sloan asked if the limited sales would involve,,peo.ple from outside com- ing there to make purchases? Paul Jones stated that he felt the largest share of the sales would be students of music classes. There may be a few_ outside sales. The largest bulk of the traffic will be for education: Trippett pointed out__, -that' the Jones' are part owners., of . the Super 8 :. _. Motel which is located adjacent-to,,this property. He asked Paul Jones if there would be ,future plans for the motel to expand into this �) property? Paul Jones stated that there could be. Manning questioned whether this permitted use would be good in some of the )they zones recommended for inclusion. Trippett asked why the staff had made this recommendation? Greer.. stated that in looking at �- and analyzing the permitted us__es,, in they other zones, this permitted use would fit into some of the zones as well and the staff felt that it would be logical to include this permitted use in those zones as well. Sloan asked if private music teachers, who conduct classes in their homes, were currently regulated? Greer stated _-.-that they would be considered a home occupation and would have to go before the Board of Adjustment for a home occupation. Motion Trippett moved to recommend approval of the recommendation made by the Flathea`d, Regional Development Office. Sloan seconded the motion and it passed unanimously. PROPOSED Manning introduced the consideration of a petition by area landowners COUNTY ZONING to create a County -Zoning District, to be known as Hathaway Zoning Dis- DISTRICT trict,. in the j4risdictional area of the Kalispell City -County Plan- ning Board and Zoning Commission. Generally, the said request includes a portion of the unincorporated area west of the Kalispell City Limits along. -.and in the vicinity of U.S. Highway No. 2. The proposal includes _.... the' following zoning classifications: RA-2 (Residential Apartment), R-2 (Suburban Residential), and R-3 (Urban Residential). Public Hearing Manning opened the public hearing and called on proponents of the zone C` to speak. /1 Al Rierson, representing the petitioners, stated that the petitioners wished to maintain the status quo. That means„ that they did not want to see a change in the current land uses in the area. Most of the petitioners are from the north side of the highway and they want to retain the way it is. Manning called on...Greer to give the staff,report. Greer stated that a group of prop q-rty:,owners did petition the Gounty Commissioners request- ing a zoning in their area and the County Commissioners forwarded the petition___.to the .-Flathead Regional Development Office for further evaluation aridjprocessing. He stated that the petitioners are request- ing that the entire district be zoned for residential uses in accord- ance with the land use designation_,�of the Comprehensive Plan. The proposed zoning district will ,.establish three residential zones and they are consistent_.with .the '�-rd use designations of the Comprehen- sive Plan. The establishment of these zones will not immediately influence the existing suburban character of the area but will help ensure .,future compatibility of uses ,-in.the area. Therefore, -the staff recommendation is to establish the zoning district as petitioned. Greer did point out that the areas -.__ in the zoning map which are industrial areas are not to be included in the zoning district. He also introduced two letters from property owners in opposition to the proposed zoning district. These letters are from William Hathaway, and Montana Forest Products. He stated that the property owned by Montana \J Forest Products that, is inside the industrial area is not included in the proposed zoning district. -2- Stan Gross spoke in favor of the proposed zoning district stating that he lived north of the highway. Al Rierson asked for an explanation of the grandfather...-Plause to be given. Greer gave the explanation and that zoning existing uses would not affect,.. -,those uses unless there was a change to be made to those ----uses that do not conform to the proposed zoning. Don Walter stated that he would like to see the commercial or industrial land use designation extended to the end of the BN Spur Line. Manning called on opponents of the proposed zoning district to speak. Gary Rose stated that since he did not;- receive a copy of the public notice -,he was not sure if he was in favor. He stated that he would rather n-t be zoned and asked if it .was possible to be excluded from the proposed zoning, district. Dean Marquardt, a partner in Ashley Vista Partnership, stated that there is an approved Master Plan for that area,to have two to eight dwelling units per acre. He maintained that this-,' proposed zoning is not in conformance with the adopted master plan. He stated that they own 75 acres involved and "when they get ready to develop it, it will be subject to full review. He - stated..that their land was not ready for development. Marquardt _further stated. that there were only three signatures on the -petition who -own property on the south side of the Highway. He asked for a delay in the formation of the zoning dis,t.ri,ct _ until that area is ready for development or that the area on the south nside of the Highway in the proposed zoning district be excluded from / the proposal. Mrs. Owen Sowerwine spoke in opposition citing the geology of the area and its inability to.handle numerous septic tanks and the sparse avail- ability of water. Don Claypool agreed with Dean Marquardt. Dale Collins stated that he was undecided on the issue of zoning irn,the area. Manning closed the public hearing. Board Discussion Manning stated_..that"°the railroad right-of-way is a green belt area and is controlled by the County. -Don Cl-aypool said that it is a county park. Hall ,sta-te_d.._ that he would .-like t-o leave everything just -as it is. He is against all of the zoning district. Rierson stated that without zoning there is no protection against creeping commercial and industrial and vertually anything can be done there. The original proposal is to zone it on both sides of the highway in order to protect the existing land uses of the area. If the residents of the_„„south side of the highway wish to be excluded that would be fine with him. j� ,J Motion Trippett moved that the proposed zoning district be approved excluding the area south of the U.S. Highway 2 and Tracts 5B and 5BB on the -3- north side of the highway.,:-r-The` area 'designated as RA-2 remains the same and the area designated R-2. i-s'"the same except for the exclusion of Tracts 5B and_.5BB. The area designated as R-3 would be excluded and � to change the name of the zoning district to the Rierson Zoning l i District. Hall seconded the motion and it passed unanimously in a voice vote. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT meeting adjourned at 8:50 p.m. Recording Secretary - Ava Walters Approved: /2,„ -4-