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12. Ordinance 1533 - Zone Change Request - Mowbray - 1st ReadingREPORT TO: SUBJECT MEETING DATE: Tri--City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityrcenturytel.net www.tricityptanning-mt.com Kalispell Mayor and City Council Narda A. Wilson., Senior Planner James H. Patrick, City Manager Carmine Mowbray - Zone Change Request from. B-1 to B-2 .. North Meridian Road April 4, 2005 BACKGROUND: This is a request by Carmine Mowbray for a change in zoning from B-1 to B-2. This property is located on the east side of North Meridian Road, north of West Wyoming and south of Liberty Street. The B-1 zoning district is a Neighborhood Buffer District that allows offices, limited retail and other low impact, low traffic uses. The applicant would like to rezone the property to B-2, General Business, to allow a greater number of uses. The area proposed for rezoning is 0.91 acres and is developed with a single lineal building on three lots with a single drive through espresso building on the lot furthest to the south. Narda Wilson, with the Tri-City Planning Office presented staff report KZC-05-1 and evaluated the proposal.. The staff recommended approval of the zone change request based on the fact that the building meets the setbacks and parking requirements for uses anticipated in the B-2, the property is already developed and the buildings will limit the types of uses that will be able to occupy the property, and the property immediately to the west is zoned B-2 so the zoning is consistent with other zoning in the area, During the public hearing Lee Berger, representing the applicant, explained the need for the zone change and their plans for upgrading the property and anticipated uses. No one else spoke either in favor or in opposition to the request. After the public hearing, the board discussed the proposal and the potential impacts to the area as a result of the rezoning and found the request reasonable. A motion was passed on a unanimous vote to forward a recommendation to the city council that the change in zoning from B-1 to B-2 be granted. RECOMMENDATION: A motion to adopt the first reading of the ordinance approving the zone change from 13-1 to B-2 would be in order FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: ® City of Kalispell • City of Whitefish e City of Columbia Falls Mowbray Zone Change from B-1 to B-2 March 22, 2005 Page 2 Respectfully submitted, -;�� -Y - iL Narda A. Wilson, Senior Planner Report compiled: March 22, 2005 c: Theresa White, Kalispell City Clerk TRANSMIT/ KALISPELL/2005IZC05-1MEMO. HOC arnes H. Patrick City Manager ORDINANCE NO. 1533 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOTS I THROUGH 4, LLOYD'S ADDITION, A PLATTED SUBDIVISION IN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, 1VONTANA (PREVIOUSLY ZONED CITY B-1, NEIGHBORHOOD BUFFER DISTRICT) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Carmine Mowbray, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be rezoned B-2, General Business, and WHEREAS, the property is located on the east side of North Meridian Road between West Wyoming Street and Liberty Street, and WHEREAS, the petition of Carmine Mowbray was the subject of a report compiled by the Tri- City Planning Office, KZC-05-1, dated March 8, 2005, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KZC-05-1. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS; SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as B-2, General Business. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION HI. This Ordinance shall be effective thirty (30) days from. and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 18TH DAY OF APRIL, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East-- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751.-1858 triciLv�izcentu rytel. net www.tricitypianning-mt.com March 22, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Carmine Mowbray - Zone Change Request from B-1 to B-2 - North Meridian Road Dear Jim.: The Kalispell City Planning Board met on March 8, 2005 and held a public hearing to consider a request by Carmine Mowbray for a change in zoning from B-1 to B-2. This property is located on the east side of North Meridian Road, north of West Wyoming and south of Liberty Street. The B-1 zoning district is a Neighborhood Buffer District that allows offices, limited retail and other low impact, lour traffic uses. The applicant would like to rezone the property to B-2, General Business, to allow a greater number of uses. The area proposed for rezoning is 0.91 acres and is developed with a single lineal building on three lots with a single drive through espresso Building on the lot furthest to the south. Narda Wilson, with the Tri-City Planning Office presented staff report KZC-05-1 and evaluated the proposal. The staff recommended approval of the zone change request based on the fact that the building meets the setbacks and parking requirements for uses anticipated in the B-2, the property is already developed and the buildings will limit the types of uses that will be able to occupy the property, and the property immediately to the west is zoned B-2 so the zoning is consistent with other zoning in the area. During the public hearing Lee Berger, representing the applicant, explained the need for the zone change and their plans for upgrading the property and anticipated uses. No one else spoke either in favor or in opposition to the request. After the public hearing, the board discussed the proposal and the potential impacts to the area as a result of the rezoning and found the request reasonable. A motion was passed on a unanimous vote to forward a recommendation to the city council that the change in zoning from B-1 to B-2 be granted. Please schedule this matter for the April 4, 2005 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: City of Kalispell • City of Columbia Falls • City of Whitefish Zone Change - Carmine Mowbray March 22, 2005 Page 2 GT/ma Attachments: Staff report KZC-05-1 and application materials Draft minutes 3/8/04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Carmine Mowbray, P.O. Box 1202, Polson, MT 58960 Lee E. Berger, Flathead Property Management, 280 4th Ave WN, Kalispell, MT 59901 TRANSMIT\KALISPEL\2004KZC-05_I MOW13RAY Zgne Change - Carmine Mowbray March 22, 2005 Page 3 FJMIBIT A CARMINE MOWBRAY, KZC-05-1 ZONE CHANGE FROM B-1 TO B-2 LEGAL DESCRIPTION MARCH 8, 2005 The property is described as: Lots 1 through 4, Lloyd's Addition a platted subdivision in Section. 7, Township 28 North, Mange 21 Test, P.M.M., Flathead County, Montana. CARMINE MOWBRAY REQUEST FOR ZONE CHANGE FROM B-1 TO B-2 TRI-CITY PLANNING OFFICE STAFF REPORT #KZC-05-1 MARCH 1, 2005 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a zone change request from. B-1 to B-2. A public hearing has been scheduled before the planning board for March 8, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action.. BACKGROUND INFORMATION The applicants are proposing to amend the Official. Kalispell Zoning Map on several parcels from the existing B-1, a Neighborhood Buffer District, to B-2, a General Business zoning district. A. Petitioner and Owner: Carmine Mowbray P.O. Box 1202 Polson, MT 59860 (406) 883-4677 Lee E. Berger Flathead Property Management 280 Fourth Ave WN Kalispell, MT 59901 B. Location and Legal Description of Property: The property proposed for rezoning lies on the east side of North Meridian Road between West Wyoming Street and Liberty Street. It contains approximately 0.91 of an acre and can be, described as Lots 1 through 4 of Lloyd's Addition located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Nature of Request and Proposed Zoning: The properties are being proposed for rezoning to B-2, General Business District which has a minimum lot size requirement of 7,000 square feet. This use district allows for the broadest range of commercial and retail uses. There are 20-foot front, five-foot side, 10-foot rear and 15-foot side corner setbacks for the district. The applicants would like greater opportunity in leasing existing space. D. Size: The area proposed for rezoning contains approximately 0.91 acres of land and is comprised of four contiguous lots in a small subdivision. E. Existing Land Use: This property is currently developed with a single building containing several stores or shops with individual store fronts on Lots 1 through 3. These storefronts are being used for a shoe repair, offices, retail and the southern most building has large overhead doors which could accommodate some light assembly, auto detailing or similar business. The southern most parcel has an espresso stand as the sole building on the site and is otherwise undeveloped. Cursory calculations regarding the parking and building setbacks indicate that there is adequate parking on site for retail and the building is in general compliance with the setbacks for the B-2 zoning district. Page 1 of 4 F. Adjacent Land Uses and Zoning: North: Auto repair shop and undeveloped., B-- honing East: Undeveloped, R-4 zoning South: County fairgrounds, P- I zoning West: Office complex and restaurant, B-2 zoning G. General Land Use Character: The general land use character of this area is a mix of residential, office, auto oriented businesses, general commercial and retail. There are some residences in the area that have not transitioned to higher intensity uses. There are also some higher intensity, commercial uses in the area which make this a true mixed use area in character. H. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell I, Relation to zoning requirements: With regard to lot size, the property meets the rxainira:aum lot size requirement of 7,000 square feet for lots within both the B-1 zoning district and the proposed B-2 zoning district. The property has no further subdivision potential but has already been developed. The buildings on the property comply with the B-1 and proposed B-2 zoning with regard to lot size, parking, setbacks and building height. Some landscaping would be warranted if the property were to be redeveloped to bring it into full compliance with zoning. Furthermore, the Montana Department of Transportation has acquired the necessary right-of-way for the upgrade of North Meridian Road. The property is in compliance with the proposed zoning. Reaction of Nearby Property Owners A notice of public hearing was mailed to property owners within 1.50 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, no comments in favor or in opposition had been received by the staff. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the reguested zone comvlv with the Master Plan? This area is within the boundaries of the Kalispell Growth Policy 2020 which anticipates this area to develop as an Urban Mixed Use Area, This designation anticipates a mix of multi -family, limited commercial and light industrial, offices Page 2 of 4 2 3 4 tj 0 7. and other compatible uses. The proposed zone change because of its proximity to other general uses, limited development potential and similar zoning can be considered to be in substantial compliance with the goals and policies of the growth policy and the manner in which this area is anticipated to develop, Is the requested zone designed to lessen congestion in the streets? The uses allowed under the proposed B-2 may generate more traffic than those allowed under the existing B-1 zoning. However, North Meridian Road is a minor arterial and is scheduled to be upgraded very soon. Some additional traffic might be generated as a result of the expansion of allowable uses for this site, but the additional traffic generated as a result of this zone change would be insignificant in the context of the volumes of traffic currently using North Meridian Road. Will the requested zone secure safety from firepanic, and other dan ers? Access, fire suppression and circulation in the area are adequate to secure the area from fire, panic and other dangers which might compromise the safety of the public. Rezoning will not affect the risk and safety factors which might be associated with this property. Will the requested change promote the health and general welfare? The health and welfare of the community would not be compromised as a result of rezoning this property to a higher use since it is consistent with other uses in the area and nearly fully developed as it currently exists. There would otherwise be an insignificant impact on the general health and welfare of the community with regard to the rezoning of this property. Will the requested zone provide for adequate light and air? Adequate light and air would be provided since this property is nearly fully developed. The existing buildings comply with the setbacks, building height, parking requirements and development standards of the district. The buildings and subsequent uses will not impact the need for adequate light and air. Will the requested zone prevent the overcrowding -of land or undue concentration of people? The rezoning would provide a greater variety of uses in the area but the overall density of the area would not be significantly changed with the proposed B-2 zoning for this property. Will the requested zone facilitate the adequate provision of transportation,..water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to this site such as fire protection., police protection; schools, parks and recreation and a good transportation system. Adequate services can be provided to accommodate the development of these lots. Page 3 of 4 8. Does the reguested zone give consideration to the articular suitability of the property for particular uses? Currently this property is nearly fully developed and the rezoning would allow a greater number of uses than allowed under the existing B-1 zoning. The character of the area will not be changed by allowing more uses on the property since the rezoning is consistent and compatibly; with other zoning and uses in the immediate area. The requested zone change gives adequate consideration to the suitability of the property for uses allowed in the B-2 district. 9. Does the requested zone give reasonable consideration to the character of the district? The character of the area is residential, commercial, business, and some light industrial. It is likely that this area will continue to transition to a more commercial area in general because the volumes of traffic currently on North Meridian Road diminish it's desirability as a single family residential area, which it was in the past. This area continues to be developed and transition from residential to offices and limited commercial uses. The requested zone is consistent with the uses in the area. 10. Will the proposed zone conserve the value of buildings? The value of buildings in the area would be generally unaffected by this change in zoning. The uses planned for this would be consistent with the building size, parking availability and location. The anticipated commercial uses would be consistent and compatible with other buildings and uses in the area which are primarily offices limited commercial and residential in nature. 11. Will the requested zone encourage the most appropriate use of the land throughout the jurisdiction? The plan for this area designates this area as Urban Mixed Use and anticipates a mix of limited commercial and industrial uses, multi -family residential and office type uses. The zoning in the area and the requested zoning are consistent with the anticipated development in this area. The proposed zoning encourages an appropriate and reasonable use of land in the area and throughout the planning jurisdiction. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KZC-05-1 as findings of fact and recommend to the Kalispell City Council that the requested zone change from B-1 to B-2 be granted. H:\... \KZC105\KZCO5-z Page 4 of 4 CARMINE MOWBRAY P.O. Box 1202 0 POLSON, MONTANA 59860 (406) 883-4677 CELL (406) 253--5700 January 14, 2005 To: Tri-City Planning Office Re: Request of Zoning Map amendment at 759-771 Meridian, Kalispell Greetings, Attached is my application for you to consider requesting a zone amendment from B--1 to B--2 in the immediate area of my building. I feel it is a reasonable and sensible request for several reasons: I have owned this building since 1997 and have consistently made im- provements to its appearance and infrastructure for aesthetic and in- vestment reasons because it represents a significant investment to me. Because of the pattern of growth in this vicinity, there have been occasional requests from prospective tenants for space in this property, but to comply with the outdated B-1 zoning, we have not been able to provide space. At this time, nearly half of the space is unoccupied. We anticipate the proposed improvements to Meridian will enhance the current growth pattern and we want to be prepared for it with intelligent planning and with the goals that appropriate zoning br-ings. (B-2 zoning already faces this property across Meridian.) This building is managed by the professionals at Flathead Property Management, and they share my philosophy that it is in the best interests of the neighborhood, the tenants and the passing traffic to keep the building occupied by sensible, low -impact, long-term users. We feel B-2 zoning will facilitate this, avoiding the possibility of variances or special use requests. We feel this will enable us to prevent deterioration, to keep it maintained in good order, and uphold the level of this busy area. With this objective in mind, we approach you with this request. Thank you for your consideration. Sinc%[erly, Carmine Mowbray Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fair; (406) 751-1858 PETITION FOR ZONING MAP AMENDMENT CITY OF KALISPELL NAME OF APPLICANT: �J MAIL ADDRESS: P C- 6d " 2— CITY/STATE/ZIP: / S C)-A M7— -51 � 6 0 PHONE: 41-,&-3 _ 4/v -7 INTEREST IN PROPERTY: /00 PLEASE COMPLETE THE FOLLOWING: A. Address of the property:' B. Legal Description: (Subdivision Name, Lot 8v Block and/or Tract Number (Section, Township, Range) L5 (Attach sheet for metes and bounds) C. Land in project (ac) ; q / QG D. The present zoning of the above property is: E. The proposed zoning of the above property is: 13-1 /j - 21- F. State the changed, or changing conditions that make the proposed amendment necessary: LJ,'C HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic and other dangers D �-"- 11 < C� 4r Ve i_ v D. Promoting the public interest, health, comfort, convenience, safety and general E. F welfare Preventing the overcrowding of land a Avoiding undue concentration of population G. Facilitating the adequate provision of transportation., water, sewage, schools, parks and other public facilities 31 H. Giving reasonable consideration to the character of the district Giving consideration to the peculiar suitability of the property for particular uses C�W tw �S J. Protecting and conserving the value of buildings in t mm- av- lo t K. Encouraging the most appropriate use of land by assuring orderly Zrowth -1 -e e dyj The signing of this application signifies approval for Tri-City Planning staff to be present on the propd-vty for routine monitoring and inspection during approval process. (Applicant Signature) / l�'Zlt'�- (Date) 3