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08. Ordinance 1463 - Text Amendment - Neighborhood Buffer District - 1st ReadingTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centurytel-net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Mark Rhodes - Kalispell Zoning Ordinance Text Amendment - Additional Uses in the B- 1, Neighborhood Buffer District MEETING DATE: June 2, 2003 BACKGROUND: This is a request for a zoning text amendment to the B- 1, Neighborhood Buffer District to allow some additional permitted uses. The staff took this opportunity to provide some clean-up language to clarify some of the permitted and conditionally permitted uses which are indicated in the exhibit attached with the transmittal letter from the planning board. The proposed changes are non - substantive in nature and are intended to provide greater clarity in administering the ordinance. The applicants are bringing this proposal before the planning board and council for consideration because they are in the process of developing a property in a small neighborhood commercial area located on east side of Hwy 93 and Arizona Avenue. The applicant would like to construct a small drive -through espresso facility on the property. Drive -through facilities are not listed as either a permitted or conditionally permitted use in the B- 1 zoning district. There are a number of commercial uses currently in the area including a drive -through banking facility across the street on the west side of Hwy 93 which exists as a non -conforming use. Additionally there are a number of offices and some limited retail sales. The property owned by the applicant also has a small single-family home that currently exists on the property as a non -conforming use that the applicant would like to retain. After lengthy discussion with the applicant the staff and applicant have worked out a reasonable approach to the situation which is to request a zoning text amendment. The specific amendment would limit the size of drive through facilities to 2,000 square feet or less and two drive -through lanes. With regard to residential uses, it seems reasonable since this district is described as a "Neighborhood Buffer District" and intended to allow uses that are "compatible with the adjacent residential areas" that residential uses be allowed in the district either as a permitted or conditionally permitted uses. Allowing a mix of residential and commercial uses also promotes a "mixed use" philosophy that is discussed in the Kalispell Growth Policy. Providing Community Planning Assistance TO: • City of Kalispell • City of Columbia Falls • City of Whitefish • Rhodes Kalispell Zoning Ordinance Text Amendment March 28, 2003 Page 2 The Kalispell City Planning Board met on May 13, 2003 and held a public hearing to consider this for amendments to the zoning ordinance. The board discussed the proposed amendments and a motion was passed unanimously to recommend to the city council that the amendments be made as outlined in Exhibit A attached to the letter of transmittal from the planning board. On a vote of five in favor and one opposed, the planning board is recommending to the city council that the amendments be made as recommended by staff and amended by the planning board. RECOMMENDATION: A motion to approve the first reading of the ordinance would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, 7"; 1, V, - - � - Narda A. ilson Senior Planner None. As suggested by the city council. Report compiled: May 28, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager c w/o Att: Mark Rhodes, P.O. Box 8242, Kalispell, MT 59904 Attachments: Transmittal letter and Exhibit A Staff report KZTA-03-1 and application materials Draft minutes from 5/28/03 planning board meeting H: \FRDO \TRANSMIT\ KALISPEL\2003 \KZTA03-3. MEMO. DOC ORDINANCE NO. 1463 AN ORDINANCE AMENDING SECTION 27.13.020 OF THE KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO. 1439), BY AMENDING THE PERMITTED USES AND CONDITIONALLY PERMITTED USES IN THE B-1, NEIGHBORHOOD BUFFER DISTRICT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Mark Rhodes has submitted a written request to amend Section 27.13.020 of the Kalispell Interim Zoning Ordinance, by amending the Permitted Uses in the B-1, Neighborhood Buffer District, to allow limited drive -through facilities and residential uses as permitted uses, and WHEREAS, the Tri-City Planning Office is recommending some additional nonsubstantive changes to the B-1, Neighborhood Buffer District, and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Tri-City Planning Office after having been evaluated under 27.14.030, Kalispell Interim Zoning Ordinance, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that limited drive - through facilities and residential uses be allowed in the B-1, Neighborhood Buffer District, as permitted uses, and that multi -family residences and bed and breakfasts be allowed as conditionally permitted uses, and WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-03-3 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Interim Zoning Ordinance, Ordinance No. 1439, is hereby amended as follows on Exhibit "A", attached hereto and thereby made a part hereof. SECTION II. All parts and portions of Ordinance No. 1439 not amended hereby remain unchanged. SECTION III. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF JUNE, 2003. Pamela B. Kennedy Mayor RIT111=1 Theresa White City Clerk MARK RHODES KALISPELL ZONING ORDINANCE TEXT AMENDMENTS CHAPTER 27.13 B-1 NEIGHBORHOOD BUFFER DISTRICT Sections: 27.13.010 Intent 27.13.020 Permitted Uses 27.13.030 Uses Which May Be Permitted By Conditional Use Permit 27.13.040 Property Development Standards 27.13.010: Intent. A business district to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district should serve as a buffer between residential areas and other commercial districts. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations, or- outdoor eensumptien of food and ; to accommodate large- scale commercial operations. 27.13.020: Permitted Uses. (1). Apartments accessory(moved from the conditional use permit category) (2). Artist studio with incidental sales. (3). Bakery/deli with either wholesale or retail goods with less than 1,500 square feet manufacturing area. (4). Business offices and any type of enterprise rendering professional or personal servicesided: (a) Pfefessional sen4ee does not involve keeping the pefsen (6). Churches/worship/parish/Sunday school buildings. (7). Clinics, medical and dental. (8). Drive -through facilities with no more than two driving lanes and no larger than 2,000 square feet (9). Dwellings, duplex (10). Dwellings single family (13). Offices, professional/governmental. (14). Parks. (15). Petshops. (16). Dt, + ph studies. (19). Retail enterprises no larger than 3,000 square feet in gross floor area. (20). Restaurants no larger than 4 000 square feet eommefeiat o„+o 27.13.030: 27.13.040 (23). Schools commercial (moved from the conditional use permit category). Uses Which May Be Permitted By Conditional Use Permit. (1). Automobile service station (see definition). (2). Bed and breakfast (3). Car wash, automobile detailing shop. (4). Community center/gym/swim, pools operated by public or quasi -public. (5). Day care center. (6). Dwellings, multi -family (7). Electrical distribution station. (8). Law enforcement/fire stations. (9). Libraries, museums, and similar cultural facilities. (10). Life styling center. (11). Railroad rights -of -way. (12). Telecommunication companies and/or radio common carriers with ancillary antennas with monopole design and a base not to exceed 12 inches and a total height not to exceed 70 feet. (13). Transmission towers and cellular communication towers. (14). Temporary building/structure* (15). Water storage facilities. Property Development Standards. (1). Minimum Lot Area: 7000 square feet (2). Minimum Lot Width (FT): 60 (3). Minimum Yards (FT): Front Yard - 20 Side Yard - 5 Rear Yard - 20 Side Corner - 15 (4). Maximum Building Height (FT): 35 (5). Permitted Lot Coverage (%): 50 (6). Off -Street Parking: Refer to Sections 27.26 and 27.27. (7). Maximum Fence Heights (FT): Front - 0 Side - 6.5 Rear - 6.5 * Administrative conditional use permit dollars in the valley. The development will have off street parking, and because they are single level, they will not block anyone's view. He said that water and sewer will be available to others at the end of the street, if they want to connect, and that the townhouse yards will be fenced and landscaped. He stated that the land has been in his family for 50 years and it has sat vacant. PUBLIC COMMENT Jan Cusick, who lives at the top of 4th Avenue West, said her concern is that 4th Avenue West is very narrow with no alley access. She said that the traffic is bad and that they have had problems with people parking on the street, and children play in the street constantly. She stated that traffic is very bad, particularly during football games. She said that she has 10 acres with horses and that Ashley Creek is right there, and that she has worries about her liability with kids sledding, etc. She is worried about the increase in traffic and kids running around. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Johnson seconded to adopt staff report KA-03-10 as finding of fact and, based on these findings, recommended to the Kalispell City Council that the initial zoning for this property should be R-4, Two Family Residential, on approximately one acre upon annexation to the City. BOARD DISCUSSION Norton thanked the Graces for seeing the need in the community for single level townhomes. Wilson spoke to concerns about on street parking stating that the design they have discussed for any future subdivision would involve a cul-de-sac which would come off of 4th and be built to city standards. She stated that any additional development that would occur would be from the new city street with new access to those lots with off street parking. She stated that any additional on street parking should be minimal. Van Natta asked if it would be an extension of 4th Avenue West to the south. Wilson said it would be. ROLL CALL The motion passed on a roll call vote. RHODES ZONING TEXT A request by Mark Rhodes to amend Section 27.13.020 of AMENDMENT REQUEST the Kalispell Interim Zoning Ordinance, permitted uses in the B-1, Neighborhood Buffer District, to allow limited drive through facilities and residential uses as additional permitted uses in the district. Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 4 STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KZTA-03-3 presentation of staff report KZTA-03-3, a request for a zoning text amendment to allow limited drive through facilities and residential uses as additional permitted uses in the B-1, Neighborhood Buffer District. Wilson stated that the applicant wants to do a small espresso drive through, which is not permitted in the B-1 district. She stated that the applicant convinced her that if it was on a small enough scale, and if it were limited in size and the number of driving lanes, it would be a use that would contribute to that district. She stated that there is a small single family dwelling located on the lot, and there are no residential uses listed in the B-1 zone even though it is described as a transition area for residential uses. She stated that this was an opportunity not only to address the applicant's needs and plans, but an opportunity to take a closer look at the B-1 zone to reflect the mixed use district it was intended to be. Wilson stated that they are recommending some nonsubstantive changes to the B-1 zone and the intention is to clean up some of the language that is superfluous. She said that residential uses are part of application, but that it was inconsistent to have accessory apartments as a conditionally permitted use so that was moved to a permitted use category. She stated that the rest of the changes were minor tweaks that provided clarification. Duplex and single family residences are recommended as permitted uses and multifamily and bed and breakfasts are recommended as conditional uses. Wilson said that she saw this as a way to further develop a mixed use zoning district that could apply to other areas of city. Wilson stated that the uses that have been added will be complementary uses of the district, further goals of the growth policy, and as a neighborhood buffer district it seems reasonable there should be a certain mix of residential uses. PUBLIC HEARING I The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Mark Rhodes, 72 Park Street, the applicant for the changes stated he was looking, for a location that would not impact another espresso business. He stated this property is on North Main and that they looked at traffic impacts; they looked for a location in a neighborhood and wanted to channel traffic through their location not create more. He said they wanted to use the small house on the property and to combine the two, the rental house and the drive through, into one permitted use. Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 5 MOTION Johnson moved and Atkinson seconded to adopt staff report KZTA-03-3 as findings of fact and recommend amending Section 27.13.020 of the Kalispell Interim Zoning Ordinance to allow limited drive through facilities and residential uses as permitted uses in the B- 1 Zoning District. BOARD DISCUSSION Atkinson asked if the Healing Church was close to this location. Wilson answered the church is zoned R-3 further to the north, and that the location mentioned is just across the highway from Flathead Credit Union. Johnson reminded the board that this is a request for a zoning text amendment for the entire city, not a single property. He wanted to applaud staff for bringing it forward with the other changes to the B- 1 zone. Wilson agreed this is not geared to a specific property and the board should be asking, "Is it appropriate for all B-1 zoning"? She said that there is not that much B- I zoning in the City. She noted the text amendment would bring the bank into compliance, although the square footage may be over by a little bit. Norton stated that he feels we should be more broad based, and that our zoning should not be so restrictive. Atkinson also applauded staff for bringing this forward with the additional changes, and being open-minded enough to take a look at it. He stated he felt they were supporting a citizen as well as the citizenry. Hull asked if the B- I zone is in residential areas, and if it is surrounded by houses, then he feels that a drive through is a rather intensive use and that neighbors may then want a commercial use for their houses. Wilson answered it is typically on a comer of minor arterials or collectors, and that the answer would be no, they are not surrounded by houses. She stated that the next time a text amendment comes up, a map of the affected areas might be helpful. ROLL CALL The motion passed on a roll call vote with Hull voting against. OLD BUSINESS This is Ron Van Natta's last meeting. Atkinson thanked VanNatta for his service to the Board and the City Council. Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 6 Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centurytel.net May 28, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Mark Rhodes - Kalispell Zoning Ordinance Text Amendment Additional Uses in the B- 1, Neighborhood Buffer District Dear Chris: The Kalispell City Planning Board met on May 13, 2003 and held a public hearing to consider a request by Mark Rhodes to amend permitted uses in the B- 1, Neighborhood Buffer District. Specifically, the amendment would allow limited drive through facilities including espresso bars, restaurants, banks and uses provided they are less than 2,000 square feet in size. These amendments would also include adding single- family dwellings and duplexes as permitted uses and multi -family dwellings as a conditionally permitted use. Additionally, the staff has included some non - substantive changes to be considered with the proposed amendments. These are intended to provide clarity. The amendments would apply to any properties with a B- 1, Neighborhood Buffer District, zoning designation. Narda Wilson with the Tri-City Planning Office presented staff report KZTA-03-3 and explained the proposal. The applicants are bringing this proposal before the board and council for consideration because they are in the process of developing a property in a small neighborhood commercial area located on east side of Hwy 93 and Arizona Avenue. The applicant would like to construct a small drive -through espresso facility on the property. Drive -through facilities are not listed as either a permitted or conditionally permitted use in the B- 1 zoning district. The specific amendment would limit the size of drive through facilities to 2,000 square feet or less and two drive -through lanes. With regard to residential uses, it seems reasonable since this district is described as a "Neighborhood Buffer District" and intended to allow uses that are "compatible with the adjacent residential areas" that residential uses be allowed in the district either as a permitted or conditionally permitted uses. Allowing a mix of residential and commercial uses also promotes a "mixed use" philosophy that is discussed in the Kalispell Growth Policy. At the public hearing the applicant spoke in favor of the proposal and further explained his needs for the proposed changes. No one else spoke either in favor or in opposition to the proposed zoning text amendment. Providing Community Planning Assistance TO: • City of Kalispell • City of Columbia Falls • City of Whitefish • Rhodes Kalispell Zoning Ordinance Text Amendment May 28, 2003 Page 2 The board discussed the proposal and the staff changes and agreed they were generally good. A motion was made and passed with five in favor and one opposed recommend to the Kalispell City Council that the proposed amendments be approved as outlined on attached Exhibit A. Please schedule this matter for the June 2, 2003 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. Sincerely, Kalispell City Planning Board Y Ron Van Natta President RVN/NW Attachments: Exhibit A Staff report KZTA-03-3 and application materials Draft minutes 5/ 13/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Mark Rhodes, P.O. Box 8242, Kalispell, MT 59904 H:\FRDO\TRANSMIT\KALISPEL\2003\KZTA-03-2.DOC MARK RHODES REQUEST FOR ZONING TEXT AMENDMENT TRI-CITY PLANNING OFFICE STAFF REPORT KZTA-03-3 MAY 5, 2003 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Zoning Ordinance. A hearing has been scheduled before the planning board for May 13, 2003 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. The applicants are proposing to amend Section 27.13.020, permitted uses in the B-1, Neighborhood Buffer District, to allow limited drive through facilities and residential uses as permitted uses. A. Petitioner and Owners: Mark Rhodes P.O. Box 8242 Kalispell, MT 59904 (406) 885-3004 J 752-0775 B. Area Effected by the Proposed Changes: This amendment would apply to any properties with a B-1, Neighborhood Buffer District, zoning designation and could potentially be effected by the proposed changes. C. Proposed Amendments: This proposal would amend Section 27.13.020, permitted uses in the B-1, Neighborhood Buffer District. Specifically, the amendment would allow limited drive through facilities including espresso bars, restaurants, banks and uses provided they are less than 2,000 square feet in size. These amendments would also include adding single-family dwellings and duplexes as permitted uses and multi -family dwellings as a conditionally permitted use. Additionally, the staff has included some non -substantive changes to be considered with the proposed amendments. These are intended to provide clarity. The amendments would apply to any properties with a B-1, Neighborhood Buffer District, zoning designation. D. Staff Discussion: The applicants are bringing this proposal before the board and council for consideration because they are in the process of developing a property in a small neighborhood commercial area located on east side of Hwy 93 and Arizona Avenue. The applicant would like to construct a small drive -through espresso facility on the property. Drive -through facilities are not listed as either a permitted or conditionally permitted use in the B-1 zoning district. There are a number of commercial uses currently in the area including a drive -through banking facility across the street on the west side of Hwy 93 which exists as a non -conforming use. Additionally there are a number of offices and some limited retail sales. The property owned by the applicant also has a small single-family home that currently exists on the property as a non -conforming use that the applicant would like to retain. After lengthy discussion with the applicant the staff and applicant have worked out a reasonable approach to the situation which is to request a zoning text amendment. The specific amendment would limit the size of drive through facilities to 2,000 square feet or less and two drive -through lanes. With regard to residential uses, it - 1 - seems reasonable since this district is described as a "Neighborhood Buffer District" and intended to allow uses that are "compatible with the adjacent residential areas" that residential uses be allowed in the district either as a permitted or conditionally permitted uses. Allowing a mix of residential and commercial uses also promotes a "mixed use" philosophy that is discussed in the Kalispell Growth Policy. Furthermore, there are a number of small changes that can be made to the B-1 zoning text that can be addressed at this juncture to further clarify the intent of the listed uses and to support the way in which they have been interpreted and applied by the zoning administrator and planning staff. Those changes are non -substantive in nature and intended only to provide some additional precision in their exact application and meaning. The changes deal primarily with providing more precise language dealing with limited retail uses and streamlining how professional, government and business offices are addressed. 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. The growth policy addresses "neighborhood commercial" areas as occurring on strategically located collectors and arterials within or adjacent to residential areas to provide goods and services to residents within the immediate area. Several neighborhood commercial areas are identified in the growth policy, one of which includes the area where this change will be effected. The moderate impacts associated with allowing some limited drive through facilities and residential uses appears to be a reasonable addition to the B-1 zoning district that can be found to be in substantial compliance with the growth policy and will further the goals and policies of providing mixed use areas in the community.. The proposed change to allow the additional uses would not typically generate significant incompatible impacts beyond the types of impacts associated with other uses allowed in the B-1 zoning district. This change would not generally effect the congestion in the street. �Mk - ••• • •- •.••- The amendments would not effect or compromise the security and safety of the community since all of the required safety standards will be addressed in the review process. Adequate building, parking and access standards would be addressed during the development or occupation of a particular site. The changes would not compromise the safety from fire or other dangers. -2- The general health and welfare of the public will be promoted by encouraging the appropriate use of compatible commercial land resources, concentrating like uses within established commercial districts and promoting a mix of compatible residential and commercial uses. Light and air between and surrounding buildings would not be impacted with this change. The development standards of the zoning district would address building height, setback and minimum lot size requirements. •• -• •• • •-•• - Allowing these additional uses in the B-1 zone would not result in the overcrowding of land or the undue concentration of people since development standards are in place to insure that the uses function in a compatible and complementary manner. 7. Will the requested zone facilitate the adequate provision of trans,�lortat_" sewerage, schools,parks, and other public-• 'u'• Public services and facilities are available in areas where there would be B-1 zoning and it is anticipated that the uses in the district will make use of the infrastructure. As proposed, the changes to allow an increase in uses would not have any more of an impact on public services and facilities than would be anticipated with other permitted uses in the district �•- •- -• -� ••- - •• •- •• • •- •. MS "I"HUXURIM A neighborhood zoning would be anticipated to have uses which serve the local area, one of which would be small drive through facilities including restaurants and banks. The modest size of these facilities would still be compatible and complementary of other uses which would be found in areas zoned B-1. Additionally, because this is a neighborhood buffer district it seems reasonable that some residential uses would be not only permitted but encouraged to provide a suitable mix of uses so they are interconnected and complementary. The proposed changes give adequate consideration to the particular suitability of the district which anticipates the development of neighborhood commercial areas. Allowing limited drive through facilities and residential uses including single-family, duplex, accessory apartment and multi -family dwellings would promote the intent behind the B-1 zoning district. These uses are consistent with this type of anticipated development and is suitable for the district. NOW WMTF M-MeMARsumu IBM The character of the B-1 zoning district is that of neighborhood services as well as offices and other small businesses. Limited drive through facilities and -3- residential uses promote the intent of the neighborhood buffer district and will contribute to the neighborhood character by creating a mixed use, work / live area where they would be anticipated to be found. It appears that this amendment gives reasonable consideration to the character of the 13-1 district. i •- • ••• -r,WAIMM6104 I •- - • '� •• Building values would not be negatively impacted by allowing these additional uses in the district since they would generally be anticipated to be on a smaller scale and intended to serve the neighborhood. The mix of uses will promote the occupancy of both commercial and residential buildings by providing a direct customer base and attracting patrons and customers on a repeat basis. The value of buildings would be preserved with the proposed changes. The most appropriate land uses throughout the jurisdiction is promoted by encouraging complementary and compatible uses that will help maintain property values and provide for economic stability within the community. The requested changes will encourage the most appropriate use of land throughout the jurisdiction. Staff recommends that the Kalispell City Planning Board adopt staff report #KZTA-03-3 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended as outlined on attached Exhibit A. RMA -4- EXHIBIT A CEAPTER 27.13 Sections: 27.13.010 Intent 27.13.020 Permitted Uses 27.13.030 Uses Which May Be Permitted By Conditional Use Permit 27.13.040 Property Development Standards 27.13.010: Intent. A business district to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district should serve as a buffer between residential areas and other commercial districts. This diatrict is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations, or outdoor consumption 0 food and beverages; to accommodate large-scale comm r ial operations- 27.13.020: Permitted Uses. (2). Artist studio with incidental sales. (3). Bakery/deli with either wholesale or retail goods with less than 1,500 square feet manufacturing area. (4). Business offices and any type of enterprise rendering professional or personal services; prav: (a) Professional service does not irrvolve keeping the person receiving the night on the premise,-,-, and (b) Professional service does not include kennels or animal hospitals or animal clinics. (5). C:;hemical dependency/substance abuse clinic (outpatient only). (6). Churches/worship/parish/Sunday school buildings. (7). Clinics, medical and dental. (8). Drive -through facilities with no more than two driving lanes and no (9) (10). (13). Offices, professional/governmental. (14). Parks. (15). Pet shops.. (16). Photographic studios.- (19). Retail enterprises no larger than 3,000 square feet in gross floor (20). Restaurants no larger than 4,000 square feet dispensing ort Premises commodi6es or food, except bars, casinos, taverns, cockta -5- 27.13.030: Uses Which May Be Permitted By Conditional Use Permit. (1). Automobile service station (see definition). (2). Bed and breakfast (3). Car wash, automobile detailing shop. (4). Community center/gym/swim pools operated by public or quasi - public. (5). Day care center. (6). Dwellings multi -family (7). Electrical distribution station. (S). Law enforcement/fire stations. (9). Libraries, museums, and similar cultural facilities. (10). Life styling center. (11). Railroad rights -of -way. (12). Telecommunication companies and/or radio common carriers with ancillary antennas with monopole design and a base not to exceed 12 inches and a total height not to exceed 70 feet. (13). Transmission towers and cellular communication towers. (14). Temporary building/structure (15). Water storage facilities. 27.13.040 Property Development Standards. (1). Minimum Lot Area: 7000 square feet (2). Minimum Lot Width (FT): 60 (3). Minimum Yards (FT): Front Yard - 20 Side Yard - 5 Rear Yard - 20 Side Corner - 15 (4). Maximum Building Height (FT): 35 (5). Permitted Lot Coverage (%): 50 (6). Off -Street Parking: Refer to Sections 27.26 and 27.27. (7). Maximum Fence Heights (FT): Front - 0 Side - 6.5 Rear - 6.5 N lark Rhodes Bx 8242 Kali spL 11-:5991,14 (406) 885 3004 (406) 752 0775 Tri-City I-I'lar-ming (Alke 17 Scolond St East, Siaite 211 Ka"Jis I Pell, N'l-1, 59901 To '�,Vhom It Nfay Conccrn: I mn proysin,�: io biffld an, csprcsso standon Y'Avc \VN, 1-his locanion is. in a 13-1 zoned area. and does nc-,t WcAkaUy Mess lfinitcd difive thrij ltmt,'sinesscs, 1 stib-pnit, t1hat there B -vso btisinvi�ss, ould ts� ininimal hnpact to the intc�ni v! -1 in, allovving a dd, e fl-3 --i espi Tihis busi-ticss ,x, ould blend I MI Widl 100 SLUIptaidin g bi'isili;Sses. consistfilig., c"f, abanlk. a re'al cstatc Offi�x. fwo%skmal Wcw ivtA storcs as vell as residential hotisbqg, h Woldd aim) not be A divet conq),clifion iviflh an-v othor esprcss-o Nisine, sv.s, as ii vvoulld cater to Ili- surrounding btisiness andresidential traffic.1i should be noted that this property in particiflar also has a very srnall rusideraial house. nds is also not Wdressed 'hin a IN! zone. it is iny proposad that 1w te\l alflow ncside.11tiall or iniffli-fannily t1se, '11"n's would seenm to be appropriaw bi an wva Hut is sae. signakd a residenfial httff�-''- zoli=.' ilfff� ou ha ve any qticstrions, pllcas�'--- feel ftee To c.ontact any and thanik. yo-ti fior vo,,,ir consideraHon of this; jwposal. Sinc,:rclty. NInk Rliodcs Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 r-ETITION FOR ZONING AMENDMENT CITY OF KALISPELL NAME OF APPLICANT: GLr 2. MAIL ADDRESS:. 4). V - 6o,4- SZl 1, 3. CITY/STATE/ZIP: 4<A'<'0Aj Ht PHONE: 4. INTEREST IN PROPERTY: 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? lb"j Li m, bal OR —1 C-t L �scs A. Address of the property: B. Legal Description: (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: D. The proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: Lt � 44 C tjL::- -R� I -Zo , A Sri k yx i - tJE- 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities H. Giving reasonable consideration to the character of the district ►I I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for Tri-City Planning staff to be present on the propeq�fopyutine monitoring and inspection during approval process. ►i 'X1-o-S (App ant) (Date) M APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS: A. Pre -Application Meeting: A discussion with the Planning Director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. B. Completed application form. C. Application fee per schedule, made payable to the Tri-City Planning Office. Fee Schedule Zone Change: Base fee $500.00 For first 40 acres of area of the request add $15/acre For next 41-80 add $10/acre For next 81 acres add $ 5 / acre Amendment to Zoning Text $400.00 PUD Zoning Review: Residential $400.00 + $10/acre Commercial $600.00 + $10/acre Mixed Use $650.00 + $10/acre D. The application must be accepted as complete by the Tri-City Planning staff thirty (30) days prior to the date of the planning board meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Content: 1. Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 2. A map showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title reartof the subject property. As approved by the TCPB on 12/19/01 Effective 1/1/02 4 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, May 13, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A proposal initiated by the City of Kalispell for assignment of initial zoning upon annexation to the city of properties located in the southeast portion of Kalispell to be known as the Meadow Park Annexation which contains approximately 49.3 acres. These properties are generally located between Hwy 93 and Willow Glen Drive primarily south of Kelly Road as well as several north of Kelly Road and are shown on the attached vicinity map. Consideration of the assignment of appropriate City zoning designations for this area will be considered at the public hearing and will be consistent with the current County zoning designations. Proposed City zoning once annexed to the city is B-5, a Business / Industrial zone that allows a wide variety of commercial and industrial uses and R-4, Two Family Residential that anticipates single-family, duplex and duplex townhouse dwellings as the primary uses. This area is being annexed under Section 7-2-43, Annexation of Contiguous Land. The property proposed for annexation and zoning can be generally described as including the following properties: Meadow Park, Meadow park Unit 2, a portion of Greenacres Unit 4, ABC Addition, Southgate Villages Condo, Amended Plat of Millers One, miscellaneous tract lands as well as the privately owned roads within these subdivisions all located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Scott and Wanda Grace for an initial zoning designation of R-4, Two Family Residential, upon annexation to the city of Kalispell on approximately one acre of property located at the southern end of Fourth Avenue West in Kalispell. The R-4 zoning district anticipates single-family and duplex dwellings as the primary uses and has a minimum lot size requirement of 6,000 square feet. Currently the property is located in the county zoning jurisdiction and is zoned R-5, Two Family Residential, a similar zoning district. The property can be described as a portion of Assessors Tract 8TVAD located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Mark Rhodes to amend the Kalispell Zoning Regulations to allow limited drive through facilities and residential uses in the B- 1, Neighborhood Buffer district as additional permitted uses in the district. The proposed amendment could apply to all areas of the city zoning jurisdiction which are zoned B- 1. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. Thomas R. Jentz Planning Director PUBLISH: Legal Notices Daily Interlake Sunday, April 27,2003 BILL: Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell MT 59901 Note: This office is acting as an agency of the City of Kalispell and should be billed at the City's contract rate.