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04-09-85 Zoning CommissionKALISPELL CITY ZONING COMMISSION - APRIL 9, 1985 CALL TO ORDER The meeting was called to order by president, Virginia Sloan, at 7:35 AND ROLL CALL p.m. Those present were Sloan, Manning, and Trippett with Stephens being absent. Others present included Nakul Verma, Planning Director, and David Greer, Senior Planner, and 6 members of the audience. APPROVAL OF THE Trippett moved that the minutes for the meeting held on March 12, 1985 MINUTES be approved'as submitted. Manning seconded the motion and it passed unanimously. ZONE CHANGE Sloan introduced the next item on the agenda and asked David Greer to REQUEST - FINAN- give'the staff report. CIAL SERVICES Greer gave the staff report for a request from William Walker, representing Financial Services Corporation, to amend the Official Zoning Map of the City of Kalispell by changing the zoning classifi- cation from B-1 (Neighborhood Business) to B-3 (General Business) for Lots 1 and 2 of the Resubdivision of Lot 1 of Hail's Addition No. 82, Subdivision No., 98. The said lots are generally located east of the Kalispell Junior High in an area wedged between Meridian Road and Highway 93. Some of the concerns of the staff were that the proposed zone change did not comply with the comprehensive plan and the requested zone would not lessen congestion on either Meridian Road or Highway 93 North because a B-3 zone tends to be a greater traffic generator. He \-- further stated that the uses permitted in the proposed zone would be a significant departure from the character of the area and would permit a broader range of commercial/retail uses that would not necessarily go along with the existing uses of the area. He also felt that the increased amount of lot coverage allowed with a B-3 zone would create an overcrowding of the existing lot. The staff recommended denial of this zone change request citing five findings 1. That substantial findings in favor of the request cannot be made based on the 12-point test. 2. That the zone change would be contrary to the Comprehensive Plan and previous policies of the City Council not to encourage retail and general businesses along Highway 93 North. 3. That recent evaluations by the Planning Staff indicate that the City already has sufficient lands zoned for general business and commercial uses. 4. That uses permitted by the proposed zone will contribute to safety hazards by increasing the volume of traffic and conges- tion in areas close to the intersections of the school and hospital. 5. That the proposed zone is not compatible with the existing character of the area. Public and Board Bill Walker, representing Financial Services, Inc., stated that the Discussion area is 40,000 square feet (.9 acre). He indicated that there is a problem with the current B-1 zone because of the specific project that they have in mind. The proposed project is to construct a combination office/restaurant/bakery building with the office space comprising 6,000 square feet, the restaurant 3,000 square feet, and the bakery 3,000 square feet. The 3,000 square feet for the restaurant is the only portion of the project that is not allowed in the B-1 zone, but is allowed in a B-3 zone. He further stated that they have a project that will cater to the neighborhood and the people who are employed at the hospital and offices in the area. This would provide them with an alternative to the hospital as a place to eat; and, thereby, prevent some of the traffic that goes down Buffalo Hill during lunch hour. He did not feel that the zone change would add to the traffic congestion because, under the current zone, he could put in a gas station and a Circle K type of store. The current Circle K at the bottom of the hill generates an average of 600 cars per day. He further stressed that there were no food facilities in the area for the people who work on the north end. He also pointed out that they have obtained an access right from the State Department of Highways which would make them accessible from both Meridian and Highway 93. He suggested that if left turn lanes were added that would decrease the traffic congestion in the area. Sloan asked if this proposed zone change would comply with the proposed Kalispell Area Master Plan when adopted? Verma stated that it would not. Manning asked Councilman Ruiz about the integrity of the area and whether the zone change would have an adverse effect on this area? Ruiz asked why a higher use is placed close to residential than it is to the Highway? He felt that the Zoning Commission and the City Council were not on the same wave length in considering zone changes and he had attended the meeting to see if he could find out how the Commission and the Planning Staff think. As for the 12 criteria that zone changes are reviewed under, . he felt that they can be made to be either negative or positive depending on whichever way the evaluator wished to go. To him the 12 criteria are worthless and to say that they were findings of fact did not carry any weight with him. He did not feel that the traffic congestion in the area would change, if the zone were changed to B-3 zone. He further stated that the people presenting this request had contacted members of the Council ahead of time. He felt that if the Council made this zone change that did not mean they would go ahead with the project that they say they will do. Therefore, when he voted on a zone change, he voted on the zone change and not what the people say they will put in there if they get the zone change. To him it was just a piece of land that would never be developed and he was surprised that anybody wanted to develop it. In this case, though, he felt that a B-3 zone was more logical than the current B-1 zone. He cited that a B-3 zone depends on proximity to a major street or streets and arterials, and was to be located in areas of corridors or islands and he stated that this piece of property fit the criteria for a B-3 zone. -2- Walker stated, that he agreed with Ruiz stating that as you move from residential to arterial streets the density becomes greater and that the least the zone would be is a B-3. He further stated that the City had an obligation to provide services to the community. There are no eating establishments in this area. By granting the zone change, the City would be providing a needed service. John Santa stated that the more commercial uses that go north that will encourage more still to be developed on the north end of town. If a restaurant is put in this location, then others will try to locate in the area. Verma stated that for the last five years the planning staff has been told that the City did not want business and commercial growth to take place on the north and along Highway 93. He asked if a vote in favor this zone change would show that the City has changed its philosophy? He further stated that, if this zone change is granted then, there will be more and more requests for similar changes. If it is granted in this case, then it will be considered a change of philosophy in the planning office and they would have to consider recommending approval of more of these requests. If this is the case, then the proposed Master Plan will have to be changed to reflect that attitude. Ruiz stated that was a generalization that is not true. He felt that the only consistancy of the Council was inconsistancy. However, if someone wants to build something that would be good for the community and the neighborhood that he could live with he would go along with whatever zone change it took to do it. But to say that the philosophy J is for B-3 zoning along Highway 93 North is not so. Verma stated that legally there is no way the City Council should be allowing the zone change. If this is granted, it will be considered as setting a precedent because there is. no reason why one should get what they request and not another if they request the same thing. He further stated that the Master Plan is to be the statement of public interest and if it is not in compliance with the Master Plan then that means that it is not in the- public interest. This is how the Court would see it if there was a law suit. The B-3 zone will increase the size of building that can be allowed as compared to a B-1 zone. Manning stated that the memo from Glen Neier states that the Planning Staff should develop facts supporting the zoning change request in terms of the Comprehensive Plan, and if such facts are unavailable, they should recommend change of the Comprehensive Plan. Walker acknow- ledged that the FRDC had told him at the time of his application that the zone change request was not in compliance with the comprehensive plan. Manning asked why the recommendation to change the comprehensive plan was not made? Verma stated that the staff does not encourage the public to request changes in the Comprehensive Plan on a whim just because the Plan does not suit their purpose. Verma also cited an ordinance that the City has which says that the zone classification should correspond to the land use classifications of the Comprehensive Plan. The past practice of the City has been that this is just like a law. -3- Motion After further discussion, Trippett moved to recommend to the City Council that the requested zone change from B-1 to B-3 be approved. Manning seconded the motion and it passed unanimously. OLD BUSINESS Ruiz asked why the planning staff and the zoning commission had recom- mended a zone change for Chet Mahugh of B-2 across from the Triangle Building? He stated that he felt .that by changing the zone there would have compounded the problem and encourage commercial "creep". Verma stated that the reason the board had recommended a B-2 zone for the half -block to the alley was founded in one basic philosphy that as far as possible the zoning should be the same on both sides of the road and that the zone changes occur at the alley. If office zoning is on one side of the road, then it should also be on the other side of the road. The whole philosophy is that zoning should change at the alley and not at the front. Once the triangle building was put in there, the residential character of the uses across the street was changed. The property value as a residential area decreased, but as commercial it would increase. Mr. Mahugh had originally requested that just the one lot be zoned B-2. The commission requested that he see if his neighbors agreed and try to get a zone change for the rest of that side of the block. The reason this request was made of him was because of this philosophy. NEW BUSINESS None. ADJOURNMENT /The �eeting was adjourned by motion at 9:12 p.m. Pf'es­i-cling Officer - Vi inia Sloan Recording Secretary - Ava Walters Approved: D/ t � � -4-