03-12-85 Zoning Commission(D'
KALISPELL CITY ZONING COMMISSION - MARCH 12, 1985
CALL TO ORDER Jim Stephens called the meeting to order at 9:35 p.m. Those present
AND ROLL CALL were Stephens, Sloan, Manning, and Trippett. Others present included
Nakul Verma, Planning Director, and David Greer, Senior Planner.
APPROVAL OF It was moved and seconded that the minutes of the February 11, 1985
MINUTES meeting be approved as submitted. The motion passed unanimously.
ANNEXATION Greer gave the staff report on the request by Tom Lydon, representing
REQUEST LSR Partnership, for annexation of 1.5 acres of, property located on
COLONIAL VILLA the south side of the eastern terminus of East Washington Street and
is bounded by the Kalispell Motel on the west and by East Idaho Street
on the south. Said annexation request is to bring the proposed
subdivision, Colonial Villa, into the City.
Bill Schmidt did not feel that he should have to waive the right of
protest for a special improvements district for ever. He agreed with a
future creation of a special improvements district for specific pur-
poses but that there should be a time limit on it.
Trippett asked what if the City decided that a lighting district were
needed 10 years down the road? Schmidt stated that he would have the
right to vote on it then. Sloan stated that she felt that it would be
discriminating against other developer's who have accepted this condi-
tion of approval previously. Trippett stated that the wording should
be changed to read that the applicant waive the right to protest the
creation of a Special Improvements District which may be necessary to
bring the public improvements in the area to City Public Works
Standards, which include curbs, gutters, streets, sewer, water, fire
protection, and street lighting.
Motion Sloan moved to recommend the annexation request with the changes to
conditon #3. Trippett seconded the motion and it passed unanimously.
ZONING REQUEST Greer gave the staff report on the request by Tom Lydon, representing
COLONIAL VILLA LSR Partnership, for giving the land to be annexed a zone of RA-2
(Residential Apartment).
Motion Trippett moved to recommend to the City Council the requested RA-2
zone. Sloan seconded it and the motion passed unanimously.
CONSIDERATION OF Verma gave the staff report on the City Council request of amending
NON -CONFORMING the City Code Sections 5.06 and 5.08 which pertain to non -conforming
USES IN CITY uses in areas outside the Redevelopment Area of Kalispell and Section
CODE 7.31 which pertains to non -conforming uses in the Redevelopment Area.
Verma stated that in the areas outside the Redevelopment Area any part
of a building, structure or land occupied by a non -conforming use,
which becomes vacant and remains unoccupied for a continuous 90 days
cannot be occupied except by a use that a conforms to the use
regulations of the district. He further stated that in the Redevelop-
ment Area the maximum allowed vacancy period is 180 days instead of 90
days. He also stated that non —conforming uses outside of the Redevelop—
ment Area could be added 'on to but they could not be added on to
inside of the Redevelopment Area. He stated that the changes proposed
(� by the planning staff have been discussed with the City Attorney and
-= are acceptable to the City. These changes would allow the flexibility
to change to another non —conforming use provided that it is not any
worse than the previous one.
Manning asked if the review should come before the zoning commission
or the Board of Adjustment? Verma felt that the Board of Adjustment
could handle it.
Motion Trippett moved to recommend to the City Council the amending of the
City Zoning Ordinance as recommended by the report of the Flathead
Regional Development Office. Sloan seconded the motion and it passed
unanimously.
ADJOURNMENT It was moved and seconded that the meeting be adjourned at 10:04 p.m.
Pre ing Officer Recording Secretary
Approved: C�� 19� _
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