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07-13-82 Zoning CommissionKALISPELL CITY ZONING COMMISSION MINUTES July 13, 1982 Members Present: Ed Trippet, President Jack Heller Ron Nance Paul Palmer Others Present: Jim Mohn, Senior Planner, F.R.D.O. Call to Order and The meeting was called to order at 10:40 P.M. Roll Call by President Trippet in the Council Chambers, Kalispell City Hall. Approval of Minutes Heller made a motion to approve the minutes from the July 8, 1982, meeting. Seconded by Palmer. Unanimous vote. Motion carried. Hutton-F.V.C.C. Request The next item of business was a request from for SAG-1 zoning Jack Hutton, Jr., Evelyn P. Hutton and Flathead Valley Community College for SAG-1 (Suburban Agriculture) zoning on property described as Hutton Addition. Mohn gave the background of the request. Heller made a motion to recommend to the City Council that SAG-1 zoning be approved. Seconded by Nance. Unanimous vote. Motion carried. Collins Request for RA-1 A request from Clifford Dale Collins for an RA-1 zoning (Residential Apartment) zoning on property described as Treasure State Plaza Addition was the next item of business. Palmer made a motion that this recommendation be approved and presented to the City Council. Seconded by Heller. Unanimous vote. Motion carried. F.V.C.C. Request - The next topic of discussion was a request from Amendment to Table 3-1 Flathead Valley Community College for an Amendment Appendix B, Kalispell to Table 3-1, Appendix B, Kalispell City Codes City Codes to permit colleges in SAG-1 zones. Palmer made a motion to approve the request as presented. Seconded by Nance. Unanimous vote. Motion carried. Idaho Forest Industries The next item of business was a request from Request for R-4 zoning Idaho Forest Industries for an R-4 (Residential) zoning. Heller made a motion that the request be approved and recommended to the City Council. Seconded by Nance. Unanimous vote. Motion carried. Old Business There was no old business. New Business Palmer stated that he had written a letter to Ed Trippet on behalf of the Annexation Committee requesting that the Committee ask the Small Animal Clinic, which is owned by Dr. Pierson, to be included in Appendix B as conforming in a C-3 zone. This will be discussed at a later meeting. Meeting was adjourned at 11:00 P.M. Respectfully submitted, LouAnn Conrad Recording Secretary Approved: Chairman -2- FLATHEAD REGIONAL DEVELOPMENT OFFICE ZONING CHANGE REPORT #K2-82-006 HELLER - MATTSON ZONE CHANGE REPORT A report to the Kalispell City Zoning Commission meeting of August 10, 1982. A proposed amendment to the Official Zoning Map of the City of Kalispell, Montana. BASIS FOR CONSIDERATION: A petition by John M. Heller, Linnea J. Heller, Richard C. Mattson and Rebecca E. Mattson for a zone change from R-4 (Residential) to B-2 (Neighborhood Pro- fessional Business), for Lot 12, Block 235, Kalispell Addition #6 and Assessors Tract 82-1C in Section 7, T28N, R21W, P.M.M. Lot 12 measures 4430 square feet, Tract 82-1C measures 4422 square feet. These properties adjoin Sunset Boulevard (U.S. Highway 93), on the East, West Wyoming Street on the North and South respectively. Lot 12 has frontage on Second Avenue West North on the West. EXISTING ZONING: The present zoning on these properties is R-4, which is Single Family Residential with a minimum lot size of 7200 square feet. (Section 5.05, Ordinance No. 920 exempts "pre-existing" lots from minimum lot size requirements). Both properties adjoin B-2 zoning on the East and would become conforming lots under the B-2 zone. REQUESTED ZONING: The requested B-2 (Neighborhood Professional Business), zone is defined in the City Ordinance, "Appendix B", as, "A business district intended to accommodate professional offices where they are compatible with residential uses and where it is not deemed desirable to permit a more intensive business activity of a retail nature. These office structures need not be commercial in appearance. They should be architecturally harmonious with the adjoning residential structures. Such a district should serve as a buffer between residential areas and other commercial districts or be closely associated with primary intensity generators". The subject properties are located between a U.S. Highway and elementary school properties. See Exhibit "A-l" for a full list of permitted and conditional uses in the B-2 zone. Also refer to Table 4-1 of Appendix B for off street parking require- ments. LANDUSE CHARACTER OF THE AREA: The general character of the area is single family residential along the West side of Sunset Boulevard with professional offices and office supply businesses along the East side of the Boulevard and on the East half of Block 235. Russell School is located on the West side of Second Avenue West North, across from Lot 12, Block 235. The school's fenced playground/ball field area is located immediately West of tract 82-1C on the North side of West Wyoming. Tract 82-1C is the only "use" on its "block". EVALUATION BASED ON STATUTORY CRITERIA: The application is further reviewed in terms of criteria stated in zoning statutes and the following evaluations are made: 1. DOES THE REQUESTED ZONE COMPLY WITH THE COMPREHENSIVE PLAN? In accordance with Ordinance #953 of the City of Kalispell, the ap- plication of the B-2 zone in areas designated "Urban Residential" is in compliance with the Comprehensive Plan. 2. IS THE REQUESTED ZONE DESIGNATED TO LESSEN CONGESTION IN THE STREETS? Generally, business zones generate higher volumes of traffic than residential zones. The proximity of the subject properties to Sunset Boulevard (U.S. Highway 93), will allow these properties to capitalize on the existing traffic volumes presently passing the properties. The intersection of West Wyoming and Highway 93 is the main school crossing for Russell School and measures are presently being con- sidered by the State Department of Highways and the Kalispell Area Traffic Advisory Committee to improve safety conditions at this inter- section. These safety conditions exist and would be compounded by either residential or commercial use of the subject properties. 3. WILL THE REQUESTED ZONE SECURE SAFETY FROM FIRE, PANIC AND OTHER DANGERS? The requested B-2 zone should not result in any increase in fire panic or an other dangers if the Ordinances and Codes are imposed and ingress and egress are properly provided. See letter from the City Fire Chief, attached. 4. WILL THE REQUESTED ZONE PROMOTE THE GENERAL HEALTH AND WELFARE? These lots do not meet the minimum size requirements of the existing or requested zones. This factor, coupled with the location, presents a deterent for residential development and, because of the facing on a major highway, are more appropriate for a business use. The grant- ing of the zone change would make the use on Tract 82-1C a conforming use and will permit the commercial occupation of the presently vacant building on Lot 12, Block 235 and increase their value and use potentials. The welfare of the residential uses on the West half of Block 235 shall be preserved by the six foot high fence required between the adjoining business and residential zones, as per the City Zoning Ordinance. Tract 82-1C is already fenced from the school playground adjoining on the West. The present traffic conditions in the area are a further deterent to residential use of these properties. The Ordinance will require off street parking for commercial uses of the -2- subject properties. The area around the school presently experiences a parking problem during school hours. See comments from the Mayor, Director of Public Works and State Highway Department, Exhibits F, G and H, attached. 5. WILL THE REQUESTED ZONE PROVIDE ADEQUATE LIGHT AND AIR? The building height and setback requirements of the requested B-2 zone are the same'as the existing R-4 zone and will provide for the adequate light and air in this location. 6. WILL THE REQUESTED ZONE PREVENT OVERCROWDING OF LAND? The requested zone will not result in any increase crowding of land, as the height and setback requirements are the same in the R-4 and B-2 zones. Total impact, now or in the future, will be restricted by the bulk, dimensional and off street parking requirements of the City Ordinance. ,:he permitted lot coverage in the B-2 is 100% after setbacks, where the R-4 is 35%. 7. WILL THE REQUESTED ZONE AVOID UNDUE CONCENTRATION OF POPULATION? The requested B-2 zone should result in a lessening of potential residential population in the area. However, it may result in an increase in transient population in the form of clients of the proposed busi- nesses. 8. WILL THE REQUESTED ZONE FACILITATE THE ADEQUATE PROVISION OF TRANS- PORTATION, WATER, SEWERAGE, SCHOOLS, PARKS AND OTHER PUBLIC REQUIREMENTS? All services are available to the properties. However, there are no East-West sidewalks along West Wyoming on either property. 9. DOES THE NEW ZONE GIVE CONSIDERATION TO THE CHARACTER OF THE AREA? The requested B-2 zone will adjoing existing B-2 zoning on the East and is considered compatible with the residential zones. Therefore, the requested zone will not alter the character of the area which is predominatly single family residential with professional offices along the highway. 10. DOES THE REQUESTED ZONE GIVE CONSIDERATION TO PARTICULAR SUITABILITY OF THE PROPERTY FOR PARTICULAR USES? The subject properties are adjacent to a busy highway and are small in size. They are not residentially suitable and do lend themselves to professional office use. 11. IS THE ZONE CHANGE REQUESTED WITH A VIEW TO CONSERVE THE VALUE OF BUILDINGS? The proposed zone will preserve or enhance the value of buildings -3- located on the subject properties and may indirectly preserve,, the value of adjacent residential properties by providing a buffer from the highway. 12. WILL THE REQUESTED ZONE ENCOURAGE THE MOST APPROPRIATE USE OF LAND THROUGHOUT THE MUNICIPALITY? The request is compatible with the Comprehensive Plan which is de- signed to encourage the most appropriate use of land throughout the City of Kalispell and vicinity. RECOMMENDATION: The requested zone change is determined to meet the statutory criteria, is found to be in compliance with the Comprehensive Plan and the general character of the area. Based on such determination, the requested zone change from R-4 (Residential), to B-2 (Neighborhood Professional Business), is recommended for approval with the following conditions: 1. Vehicles using off street parking on Lot 12, Block 235, not having access or egress onto Wyoming Street. A physical barrier, such as curbing along the roadway or bumpers within the property line, should be installed along Wyoming to guarantee this recommendation. 2. Any future access or egress to T82-1C for off street parking should be in the approximate location of the existing driveway (i.e., no closer to the intersection of Wyoming and Sunset Boulevard). 3. Vehicles leaving off street parking should not backout onto streets or avenues. -4- LIST OF ATTACHED EXHIBITS Exhibit A Application Exhibit A-1 List of Permitted Uses in B-2 Exhibit. B Vicinity Map Exhibit B-1 Vicinity Landuse Exhibit C Petition Exhibit D Area Landowners Exhibit E Letter from Fire Chief Exhibit F Letter from Mayor Exhibit G Letter from Director of Public Works Exhibit H Letter from State Department of Highways Exhibit I Letter from City Attorney -5-