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06-19-84 Zoning CommissionSPECIAL MEETING KALISPELL CITY ZONING COMMISSION June 19, 1984 Members Present James B. Stephens, President Charles Manning Edgar Trippet Members Absent Virginia Sloan Others Present Jim Mohn, Senior Planner, F.R.D.O. William Astle Robert Johnson Glen Neier, City Attorney Rodger Hopkins CALL TO ORDER AND ROLL CALL The meeting was called to order by James Stephens at 4:20 P.M. in the Kalispell City Hall Council Chambers. Roll was taken. APPROVAL OF MINUTES. Stephens called for any corrections or amend- ments to the minutes of May 8, 1984. Trippet moved to approve the minutes of May 8, 1984. Manning seconded. Motion carried. MERIDIAN ADDITION ZONING James Stephens opened the floor for discussion RECOMMENDATION of the Meridian Addition Zoning which had been referred ;,t.o the- Zoning';_Commisson f'or a .forma-1 recommendation to the City Council. William Astle, an attorney representing 10 landowners in Meridian and Storm's Meridian Addition, addressed the commission and stated that his clients were opposed to any commercial or industrial zoning for Meridian Addition. The existing non-residential uses within Merid- ian Addition were there through variances from the No. 2 Residence zone. Astle stated=,.that. planners Steve Petrini and Gary Hill had pre- viously stated that industry was to be limited to locations west of the railroad at the west Jside of Meridian Addition. The most recent recommendation from the Zoning Commission to the Council for B-3, I-1 and R-5 was a case of spot zoning and merely accommodates the exist- ing uses. To recognize these existing.uses and allow additional commercial and industrial uses by right, would cause great harm to the neigh- borhood. Only multi -family zoning is compat- ible with the Comprehensive Plan, the old zon- ing and the wishes of the landowners in the Storm's Addition. Manning noted the concerns of, Consolidated Electric and the O'Neil properties, being zoned residential would not be marketable. Bob Johnson stated that O'Neils purchased resi- dential properties. If zoned residential, all residential properties would be protected and all existing uses could be continued under the nonconforming use provisions of the zoning. Astle pointed out that the most recent develop- ment in Meridian Addition was the construction of the Jeff Houston residence. Stephens stated that the commission had person- ally visited the neighborhood, been advised of nthe history of the various properties and vari- ances. He noted that the Meridian Addition is not residential in character and there should be a level of compromise. Astle stated that initially his clients had op- posed industrial, and that he has advised them to oppose anything other than residential. The evglution of the.neighborhood has been achiev- ed through variances for uses which were con- sidered compatible with the residences in the area at the time, other.uses have no record of variance but are there. The property was,,is now and should be, zoned for residential use. Stephens noted concerns for protection of pre- existing nonconforming uses and values of other properties in the Addition. Astle stated that his clients would support multi -family. This would provide a high land value for future development of vacant lots, be compatible with adjacent residential zones to the south and would permit all existing uses to remain under the nonconforming status. 2 Trippet suggested that landowners in Meridian Addition withdraw from the City. The landown- ers should get together, agree on what they want, and petition.for that. Stephens indicated that even if the landowners get together, the neighborhood can still oppose. Astle stated that an amendment to the Compre- hensive Plan for industry would be devastating to the neighborhood. Allowing industry would set the trend for further industrial and com- mercial encroachment into existing residential neighborhoods causing blight. Multi -family zoning would be best, it meets the plan, plan- ners desires. The existing uses are there by variance.and illegalities. Steve Petrini had previously convinced the City Council that in- dustry should stop at (west of) the tracks. Trippet recommended that the commission follow its previous recommendation. Astle stated that the Council has asked the Commission to consider all the facts, if multi- family is recommended, it will accommodate everyone that is there and the vacant lots. No residential recommendation has been submitted -' to the Council previously. Multi -family fits the plan, recognizes the historical zoning of the area; and is the most expeditious way to re- solve the issue. Manning suggested the possiblity of B-1 or B-2 zoning for lots fronting on Meridian Road. Stephens suggested a compromise some how, this is not a precedent, this is a unique situation in the City. Astle stated that the commission must be con- sistant, you cannot zone for residential and industrial together, no where else in the City has a residential:zomeā€¢'-keen placed against industrial without a zone to buffer. Manning asked what the most appropriate zone would be, what was the original recommendation for this area? Mohn stated either R-5 or RA-1 was recommended for this area during the original City rezoning plan in 1978-79. RA-1 would be a good buffer. between the industrial and residential areas. Noting the I-1, B-3, RA-2, R-5 down zoning from the Burlington Northern right-of-way to Fourth Street West on the City Zoning Map. 3 Motion Manning moved to recommend an RA-1 zone for Meridian Addition, noting that multi -family would be most compatible with existing noncon- forming uses and would promote development of vacant land. The F.R.D.O. be directed to do the 12 point zoning evaluation of the RA-1 re- commendation. Seconded by Trippet. Motion carried unanimously. ADJOURNMENT Meeting adjourned at 5:.57 g,M. Re pectfully bmit th'iRcre ary A Chairman 4