Loading...
3. Ordinance 1438 - Zone Change - Deulfer - 1st ReadingTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centuryteLnet REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT: Duefler Zone Change from R-3 to R-5 - North Meridian Road / Three Mile Drive MEETING DATE: September 3, 2002 BACKGROUND: This is a zone change request by Roy, Amanda and Michaeli Deufler on approximately 1.69 acres of property located on the northwest comer of Three Mile Drive and Meridian Road. There is a single family residence currently on the property. The applicants are proposing to amend the zoning on the property from R- 3, Residential, to B-2, General Business District, with an intent to better market the property. Thomas Jentz, of the Tri-City Planning Office, presented staff report KZC-02-2, evaluating the proposed zone change. He explained that the rezoning was an attempt to better market the property as it has been for sale for some time. However, the North Meridian Neighborhood Plan designates this area as High Density Residential. Additionally, there are concerns regarding access at this critical intersection and impacts to North Meridian Road from a general commercial type zoning and the potential uses. .Staff was recommending that the proposed B-2, General Commercial, be denied and that a change to R-5, a Residential / Professional Office district be recommended to the city council. The R-5 zoning would accommodate some office type uses and was consistent with a zone change recently granted on the property to the west. The Kalispell City -County Planning Board held a public hearing at their regular meeting of August 13, 2002 regarding the proposal. The applicants spoke in favor of the commercial zoning stating that the traffic in the area and the other uses made it unsuitable for the existing residential use and undesirable for other residential type uses. A property owner in the area expressed concerns about the traffic that could be generated with the uses allowed in the B-2 zoning district. After the public hearing the planning board discussed the North Meridian Road Neighborhood Plan, the upgrade of Meridian Road and the update of the growth policy. A motion was made to accept the staff recommendation to deny the proposed B-2 zoning and recommend to the Kalispell City Council that the property be rezoned to R- 5. This motion passed on a vote of four in favor, one opposed with Jean Johnson abstaining from the voting since he was representing the applicant. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Deufler Zone Change R-3 to R-5 August 22, 2002 Page 2 RECOMMENDATION: A motion to adopt the ordinance on first reading to rezone the property from R-3 to R-5 would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: August 22, 2002 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KZC-02-2 and application materials Draft minutes from 8/ 13/02 planning board meeting H:\ \TRANSMIT\KALISPEL\2002\KZCO2-2MEMO.DOC ORDINANCE NO.1438 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING REAL PROPERTY DESCRIBED AS A PORTION OF LOT 20, BLOCK 1, NORTHWEST TRACTS LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, RESIDENTIAL) TO CITY R-5 (RESIDENTIAL/PROFESSIONAL OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Roy, Amanda and Michaeli Dueller, the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to B-2, General Business, and WHEREAS, the property as described exists as property surrounded to the North by City P-1 Zoning (office/warehouse for CenturyTel), to the East by City I-1 and RA-1 Zoning (UPS and a single family home), to the South by City B-1 Zoning (offices), and to the West by City R-5 Zoning (residences and office), and WHEREAS, the petition of Roy, Amanda and Michaeli Duefler was the subject of a report compiled by the Tri-City Planning Office, #KZC-02-2, dated August 1, 2002, in which the Tri-City Planning Office evaluated the petition and recommended denial of the requested zone change, and that the property as described above instead be zoned R-5, Residential/Professional Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned R-5, Residential/Professional Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-5, Residential/Professional Office, the City Council 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-02-2. 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 #1175) is hereby amended by designating the property described above as R-5, Residential/Professional Office. 1438 duefler.wpd SECTION H. 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 III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF SEPTEMBER, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk 1438 duefler.wpd i Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net August 22, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Duefler Zone Change from R-3 to R-5 - North Meridian Road / Three Mile Drive Dear Chris: The Kalispell City Planning Board met on August 13, 2002, and held a public hearing to consider a request by the Dueflers to amend the Kalispell zoning map on approximately 1.69 acres of property. The property is located on the northwest corner of Three Mile Drive and North Meridian Road. There is a single family residence currently on the property. The applicants are proposing to amend the zoning on the property from R-3, Residential, to B-2, General Business District, with an intent to better market the property. Thomas Jentz, of the Tri-City Planning Office, presented staff report KZC-02-2, evaluating the proposed zone change. He explained that the rezoning was an attempt to better market the property as it has been for sale for some time. However, the North Meridian Neighborhood Plan designates this area as High Density Residential. Additionally, there are concerns regarding access at this critical intersection and impacts to North Meridian Road from a general commercial type zoning and the potential uses. Staff was recommending that the proposed B-2, General Commercial, be denied and that a change to R-5, a Residential / Professional Office district be recommended to the city council. The R-5 zoning would accommodate some office type uses and was consistent with a zone change recently granted on the property to the west. A public hearing was held before the planning board and the applicants spoke in favor of the commercial zoning stating that the traffic in the area and the other uses made it unsuitable for the existing residential use and undesirable for other residential type uses. A property owner in the area expressed concerns about the traffic that could be generated with the uses allowed in the B-2 zoning district. A motion was made to accept the staff recommendation to deny the proposed B-2 zoning and recommend to the Kalispell City Council that the property be rezoned to R- 5. This motion passed on a vote of four in favor, one opposed with Jean Johnson abstaining from the voting since he was representing the applicant. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Deufler Zone Change from RA- I to R-5 August 22, 2002 Page 2 Please schedule this matter for the September 3, 2002 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 Kalis ell /City -County Planning Board Ron Van Natta President BR/NW Attachments: Staff report KZC-02-2 and application materials Draft minutes 8/ 13/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Roy, Amanda & Michaeli Duefler, 25 Three Mile Dr., Kalispell MT 59901 Stokes 8s Associates, 343 First Ave West, Kalispell MT 59901 H: \ FRDO \TRANSMIT\KALISPEL\2002 \KZC-02-2.DOC square footage of the church with the existing and new addition would be approximately 20,226 square feet when completed. The building height would vary in areas from 14 feet to 30 feet in the new part of the building. Jentz DRAFT mentioned some minor issues regarding sidewalk and storm water drainage. He noted a letter received stating concerns about storm water drainage, landscaping, and lighting. Staff recommended approval of the request with conditions. Atkinson asked and Jentz answered that the snow storage area was an engineering design issue and their concern was that it be looked at and not forgotten. APPLICANT/AGENCIES Alan Peterson, with Architects Northwest, said they were amiable to the conditions and the only thing they would ask was that they wait until the neighborhood has more of a sidewalk before they have to put one in. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Spooner moved and Atkinson seconded to adopt staff report KCU-02-6 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to conditions. BOARD DISCUSSION Rice commented on the letter received saying he hoped the church would be good neighbors and address those concerns. Spooner suggested the sidewalks go in now since she didn't know how soon the residential area would get sidewalks and the church would benefit by having a safe walking area. There was a brief discussion regarding the sidewalks. John Peterson said it was not a big issue in the overall scheme. It was concluded that sidewalks were an important element of the project. ROLL CALL The motion passed unanimously on a roll call vote. ROY, MICHAELI AND A zone change request by Roy, Michaeli and Amanda Deulfer AMANDA DEULFER ZONE from R-3, Residential, a Single -Family Residential zoning CHANGE district to B-2, General Business. Jean Johnson stated his firm is involved in the project and chose to step down. Kalispell City Planning Board Minutes of the meeting of August 13, 2002 Page 2 STAFF REPORT Thomas Jentz, of the Tri-City Planning Office, gave a #KZC-02-2 presentation of staff report KZC-02-2. He explained the existing zoning and nature of the request and that the property owners are requesting the property be rezoned from R-3, Single -Family Residential, to B-2, General Business. Minimum lot size requirement for the both zones is 7,000 square feet. The property owner would like to sell the property and feels that the zone change to B-2 would allow a broader range of uses and would make the property more marketable. Upon review of the findings of fact and evaluation of the statutory criteria staff recommended the requested zone change from R-3 to B-2 be denied and the property be rezoned to R-5, Residential/Professional Office, based on non-compliance with the High Density Residential designation of the North Meridian Neighborhood Plan which includes this property as well as issues related to the upgrade of Meridian Road. APPLICANT/AGENCIES Jean Johnson, with Paul Stokes and Associates, said he provided technical assistance to the applicant. He said the facts represented in the staff report were not portrayed accurately and the only way to change that was to amend the findings. He handed out a MDOT plan and said Meridian and Three Mile Drive could be one of the busiest intersections in Kalispell. He didn't think it was high density residential in reality because you wouldn't let kids play in the area. He explained the area was in transition and showed a map representing current zoning. He said it would be a commercially viable corner once the streetlight goes in and thought the request for B-2 was a suitable classification for now and in the future. He requested the board amend the staff report and approve the application. Atkinson asked a clarifying question about the surrounding commercial zoning, as indicated on Johnson's colored map. Johnson said the zoning was currently a hodgepodge. Jentz agreed that the zoning was mixed. Johnson said that if they were going to make reference to the North Meridian Neighborhood Plan they had to talk about the whole thing. He thought the plan should be amended. Atkinson spoke about the differences between the R-5, B-1 and B-2 designations and said his concern was for traffic ingress and egress. Johnson pointed out that if his client sold the property with a B-2 designation that the proposed business most likely would have to come before the planning board with a CUP or a subdivision. He thought they could address the issue of ingress and egress at that time. He noted that it would also go before site review. Kalispell City Planning Board Minutes of the meeting of August 13, 2002 Page 3 PUBLIC HEARING The public hearing was opened to those who wished to speak. PROPONENTS Michaeli Deulfer, 25 Three Mile Drive, said she inherited the property from her parents. She had concerns about the current residential zoning designation saying the area is very noisy with UPS starting at 4:00 a.m. and ambulances using the route to get to the hospital. She didn't see it as a good residential area because of the traffic and noise, especially in the summer when the windows needed to stay open. She said they were trying to sell the property and the sale was contingent on the zoning. Curt Lindeman, a small business owner across the street, had concerns about the issue of safety. With the proposed change of the intersection and the Junior High school down the street he had concerns about a possible high traffic business like fast food that would have 1,500 cars a day. He wanted to make sure the safety factor was considered in the zone change. OPPONENTS No one else wished to speak and the public hearing was closed. MOTION Rice moved and Atkinson seconded to adopt staff report KZC-02-2 as findings of fact and recommended to the Kalispell City Council that the requested zone change from R-3 to B-2 be denied and that the property be rezoned to R- 5, Residential/Professional Office. BOARD DISCUSSION Van Natta wondered if the road were already in place if that would change the recommendation. Jentz stated the greater issue was the Master Plan, which indicated high density residential. It was a matter of timing and once the new growth policy were in place and the board had an opportunity to look at the whole neighborhood they might be here looking at it. He thought the appropriate thing to do would be to change the Master Plan, but the bigger issue was the Growth Policy. He thought the R-5 was in substantial compliance and if it went to B-2 it would be hard to change later if this did not fit the overall plan for the neighborhood. ROLL CALL The motion passed on a roll call vote with 4 in favor and 1, Spooner, voting in opposition. DEBBIE WILLIS INITIAL A request by Debbie Willis for an initial zoning designation of ZONING AND ANNEXATION R-4, Two Family Residential, upon annexation on approximately one acre that lies on the south side of Sunnyside Drive. Kalispell City Planning Board Minutes of the meeting of August 13, 2002 Page 4 ROY, AMANDA AND MICHAELI DUEFLER ZONE CHANGE REQUEST FROM R-3 TO B-2 TRY -CITY PLANNING OFFICE STAFF REPORT #KZC-02-2 AUGUST 1, 2002 A report to the Kalispell City Planning Board the Kalispell City Council regarding a zone change request from R-3 to B-2. A public hearing has been scheduled before the Kalispell City Planning Board for August 13, 2002, at 7:00 PM in Kalispell City Council Chambers. A recommendation from the planning board will be forwarded to the Kalispell City Council for final action. BACKGROUND INFORMATION- The applicants are proposing to amend the Kalispell Zoning Map by rezoning an approximately 1.69 acre site from an R-3, Residential zoning district to B-2, a General Business zoning district. A. Petitioner and Owners: Technical Assistance: Roy, Amanda and Michaeli Duefler 25 Three Mile Drive Kalispell, MT 59901 (406) 752-8684 Paul J. Stokes & Associates, Inc. 343 First Ave West Kalispell, MT 59901 (406) 755-8707 B. Location and Legal Description of Property: This property is located on the northwest corner of Three Mile Drive and North Meridian Road, which is a three-way intersection. The property can be described as a portion of Lot 20, Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County. C. Existing Zoning: Currently this property is zoned R-3, a Residential zoning district that is intended primarily for single-family homes and does not allow duplexes, apartments or offices either as permitted or conditionally permitted uses. The minimum lot size requirement for this zoning district is 7,000 square feet and a minimum lot width of 60 feet. D. Nature of Request and Proposed Zoning: The property owner is requesting that this property be rezoned from R-3, Residential, to B-2, General Business. The minimum lot size requirement for the B-2 zone is 7,000 square feet. The property owner would like to sell the property and feels that the zone change to B-2 would allow a broader range of uses and would make the property more marketable. E. Size: There is one parcel that contains approximately 1.69 acres with approximately 234 feet of frontage along Three Mile Drive and 315 feet of frontage along North Meridian Road. F. Existing Land Use: Currently this property is occupied by a single-family dwelling located near the southeast portion of the site. G. Adjacent Land Uses and Zoning: This property is in an area which has a mix of uses in close proximity. There are single-family residences and multi -family dwellings along North Meridian Road. Many of the established residences have transitioned to a commercial use with several long established commercial uses as well. North: Office /warehouse for CenturyTel, P-1 Public zoning; East: UPS, and single-family home, I-1 and RA-1 zoning South: Offices, B-1 zoning West: Residences and office, R-5 zoning. H. General Land Use Character: The general land use character of this area is a mix of offices, residential and commercial uses. It is an area in transition from an historical residential area to a mixed -use office, residential and commercial area along the Meridian Road corridor prompted by increased traffic and development in the area. I. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Coop Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell J. Relation to Zoning Requirements: This property consists of approximately 1.69 acres and has some subdivision potential under both the requested B-2 zoning and the current R-3 zoning density and lot size standards. Reaction of Nearby Property Owners A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, no comments had been received from the public regarding this proposal. 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. s . . .. • . • n . Rafi•Tii•'T.1�iFl3iTi3kS:Y7 This property is within the North Meridian Neighborhood Plan area which designates this site as "high density residential' land on the plan map. This use category generally anticipates a density of up to 40 units per acre. The high - density zoning has allowed a mix of office and residential as part of transition area to higher intensity uses. The proposed B-2, General Business zoning district, allows the broadest range of commercial uses and is intended as a zone 2 "whose operations are characterized by outdoor display, storage and or sale of merchandise, by major repair of motor vehicles." The broad category of highly intensive commercial uses does not comply with the high -density residential designation of the neighborhood plan for the area. lc the requested zone designed to lessen congestion in the streets? Access to this site could potentially be obtained from either Three Mile Drive or North Meridian Road. Meridian Road is listed as a "first priority project" in the Kalispell Transportation Plan, an addendum to the Kalispell City -County Master Plan. These first priority projects would result in the greatest benefit to the existing traffic system performance. Meridian Road is listed first in the list. Meridian Road between Idaho Street and US 93 North — "This narrow two-lane segment of Meridian Road is recommended to be improved to include four lanes from Idaho Street north to Three Mile Drive and three lanes north of Three Mile Drive to Highway 93 as an urban minor arterial with curb and gutter and pedestrian / bicycle accommodations, consistent with City plans to enhance the quality of the North Meridian neighborhood's residential character." Meridian Road upgrades have been designed, approved and funded through the City's urban transportation system funds. This project has been designed for several years and should have been underway this year except for problems with the acquisition of right-of-way and utility relocation issues. Meridian Road upgrade is scheduled to start in the Spring of 2003. Part of the upgrade will include a signalized intersection at Three Mile Drive and North Meridian Road. This intersection currently functions poorly because of the awkward angles of the approaches, the narrow road and volume of traffic. The Meridian Road and Three Mile Drive intersection has problems during peak hours of use generally associated with the junior high school located to the north with an entrance off of both Three Mile Drive and North Meridian Road. Some local truck traffic also exacerbates traffic problems in the area with traffic moving west to the West Valley area, north to Hwy 93 and south to Hwy 2. Essentially, Meridian Road is a critical transportation corridor that is identified as having the most critical need for improvement. This intersection and how it functions will be an important link in the overall performance of the intersection as a whole. Development of the site with potentially highly intensive uses would only further add to the current traffic problems at this critical location. Potentially highly intensive uses associated with the proposed B-2, General Business zoning district could potentially increase the traffic hazards in an area which is already identified as having the greatest need for improvement and is listed as a first priority project for roadway upgrade. At some future time when the roadway upgrades for Meridian Road have been completed, the rezoning of this property to a higher intensity use may seem 3 appropriate considering that it has access to public facilities and utilities and will be part of a high traffic signalized intersection. At the present time however, it would appear that the premature conversion of this property to a higher intensity use would not promote the general health and welfare of the public because of the potential for the increase in traffic and traffic hazards at a critical intersection within the community. Adequate light and air would be provided both by the low density allowed in the district, design standards and the setback requirements for new development. concentration of penpleP The minimum lot size for the proposed B-2 zoning on this property is 7,000 square feet. The potential development associated with this property would be limited only by the development standards associated with the B-2 zoning district that relate to lot coverage, the types of uses permitted under the zoning and the environmental constraints which may be present associated with storm drainage. Commercial development in this area would currently be inappropriate because of its location at a critical intersection that could have impacts on the functioning of the intersection. A lower intensity use such as those associated with offices or lower traffic use would generally have less impact on traffic volumes but would comply with the intent of the high -density residential land use designation of the master plan. -.. - M..iiiFStfi:Tl: . • .. . .. .... There is a full range of public services in the area including water, sewer, fire and police protection. However, the current transportation network is not functioning well and is scheduled for upgrading and improvement. North Meridian Road and Three Mile Drive are both primarily roadways for the community which are in critical need of upgrading. Rezoning this property to allow for potentially high intensity and high traffic uses would create needs that are beyond the capacity of the current system to provide. property . particular use,-2 The master plan designates this property as high density residential on the North Meridian Road Neighborhood Plan map. The property to the west was recently rezoned from the R-3, Residential designation as is associated with this property to R-5, a Residential / Professional Office district. This district seems to meet the needs of the property owners to use and market their property for a non-residential use while allowing fairly low impact uses as they relate to parking, traffic and overall impacts to services. There are other non- residential uses in the immediate area of this property with the office / warehouse use to the north operated by CenturyTel, UPS delivery to the east and a doctor's office to the south. These properties have a mix of zoning generally reflecting a pre -zoning use associated with the business, i.e. I-1, Light 0 Industrial for the UPS office, P-1, Public for the utility company and B-1, Neighborhood Buffer District for the office use. This creates a hodgepodge of uses and zoning which adds to the neighborhood. Many of the properties along North Meridian Road are transitioning from single-family residential uses to offices, clinics and other small businesses. As the roadway improvements for Meridian Road occur and the transportation network is improved, it may warrant the reevaluation of this area for higher intensity uses associated with more retail and auto oriented uses. • �. . ..- U IU Ell III 1 11111 is of .. As previously noted the character of the area is an area is transition from single-family residential uses to other non-residential uses. As a note, recent changes to the B-2 zoning allow multi -family development as a permitted use and would allow the development of high density residential. The orientation of this property along either Meridian Road or Three Mile Drive does not make it suitable property for low -density residential uses that currently exist in the area. Three Mile Drive as well as other residential developments to the north and south of this site demonstrate that this area is in transition to higher intensity use. A zone more consistent with the zoning that has taken place to the west of this property of R-5, Residential / Professional Office would be a more reasonable zone considering the character of the immediate area. The proposed commercial zoning would unlikely have any adverse impact on the value of buildings or property values in the area since uses that are existing would be generally, compatible with the commercial or multi -family development in the area, thereby minimizing potential conflicts and conserving the value of buildings in the area. througbout the. .. Because this rezoning request does not comply with the land use designation of the North Meridian Neighborhood Plan of high density residential, and because the Meridian Road and Three Mile Drive area needs upgrades to the roadway system and because of other zoning recently accomplished in the area of R-5, Residential / Professional Office the proposed zoning does not encourage the most appropriate use of land in the area or throughout the City's zoning jurisdiction. A more appropriate zoning designation for this property that would be consistent with the high density residential land use designation, would not significantly exacerbate the traffic problem in the area and would be consistent with other non-residential uses in the area would be the R-5, Residential / Professional Office zone. It does not appears that the proposed B- 2, General Business rezoning would encourage the most appropriate use of this property or the use of land in the City's zoning jurisdiction. 5 It is understandable the that property owners may want to offer a greater variety of uses than what is allowed under the current residential zoning because the busy intersection does not lend itself well to low density housing and creates problems for marketing and selling the property. A relatively low impact commercial use may be appropriate for the property which would be consistent with the recent rezoning to the west and still allow the property owners to market their property for limited commercial uses. Once the Meridian Road upgrade is completed and the intersection with Three Mile Drive is completed, this area may warrant reconsideration for high intensity commercial uses as part of the growth policy update. However, currently this area is comprised of office type uses which would be allowed under the R-5, Residential / Professional Office zoning and would be the staff recommendation. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KZC-02-2 as findings of fact and recommend to the Kalispell City Council that the requested zone change from R-3 to B-2 be denied and that the property be rezoned to R-5, Residential / Professional Office. 1iW 2 PAUL J. STOKES & AssOcmm, ING Consulting Engineers July 8, 2002 Narda Wilson, Senior Planner Tri City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana RE: Duelfer Petition for Zoning Amendment A Portion of Lot 20, Block 1, Northwest Tracts Section 1, T.28N., R.22W. P.M.,M., Flathead County, Montana Dear Narda, 343 First Avenue West Kalispell, MT 59901 Telephone (406) 7554707 FAX (406) 755-2613 RECEIVED JUL 0 8 2002 TRI-CITY PLANNING OFFICE Please find enclosed our clients check # in the amount of $530.00 for a Zoning Amendment for the above -mentioned property. The property is located northwest of the intersection between Stillwater and Meridian Road. The property is currently zoned R-3, and our client would like zoning designation of B-2. The site is identified commercial in the City County Master Plan. If you have any questions please feel free to contact our office. Very Truly Yours, PAUL J. STOKES & ASSOCIATES, INC. BY: J /iA(Jf�l� f%01 Lisa M. Wurster Project Engineer c: File nWdocumeot0etter to earda _ - _ Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 1. NAME OF APPLICANT: P. Michaeli, Rov T. & Amanda E. Duelfer 2. MAIL ADDRESS: 25 Three Mile Drive 3. CITY/STATE/ZIP:_ Kalispell, MT 59901 PHONE: 1-406-752-8684 4. INTEREST IN PROPERTY: Owner 5. ZONING MAP AMENDMENT: X 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? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: 25 Three Mile Drive, KalispellMT 39901 B. Legal Description: A Portion of Lot 20, Block 1, Northwest Tracts (Lot and Block of Subdivision; Tract #) Section 1, T.28N., R.22W. P.M. M. Flathead County Montana (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: R-3 D. The proposed zoning of the above property is: B-2 E. State the changed or changing conditions that make the proposed amendment necessary: The owner is requesting a zone change to increase the potential uses with his properly in the event of a future sale. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: Promoting the Master Plan: The proposed zone change is in substantial compliance with the intent of the City County Master Plan and will be consistent with future development when the reconstruction of Meridian Road has been completed. Lessening congestion in the streets and providing safe access: The area will be self- contained and will not add significant congestion to the roads. The intersection of Three Mile Drive and Meridian Road will not permit on -street parking. Promoting safety from fire, panic and other dangers: The proposed zone change will be designed to eliminate panic or other dangers. No significant negative impact is anticipated. Promoting the public interest, health, comfort, convenience, safety and general welfare: The proposed zone change will lend itself to promoting the above -mentioned components by minimizing density and providing safe access to Three Mile and/or Meridian, which are minor arterial roads. No significant negative impact is anticipated. Preventing the overcrowding of land: The proposed zone change will prevent overcrowding by complying with the spaces as required by the City of Kalispell Zoning Regulations. No significant negative impact is anticipated. Avoiding undue concentration of population: Concentration of population is a fixnction of zoning and the Master Plan. The concentration of population in the subject area will be consistent with the surrounding business and commercial areas. No significant negative impact is anticipated. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities: The proposed zone change will require public utilities such as water and sewer, garbage, natural gas, electricity, telephone and DSL lines. No significant negative impact is anticipated. Giving reasonable consideration to the character of the district The proposed site is in an area that supports businesses and industries; therefore the proposed zone change will be consistent with the character of the district. The subject tract currently has a single-family residence that will be removed. The zone change will not erode or degrade the uses currently found in the adjacent properties.' No significant negative impact is anticipated. Giving consideration to the peculiar suitability of the property for particular uses: The proposed B-2 zoning designation will be consistent with surrounding development in the area. There are several businesses along Meridian Road. Meridian Road supports a large volume of traffic and is not suitable for residential or single family dwellings. The subject property is on the corner of two heavily traveled minor arterial roads, and would be better used as a business rather than a residence. Protecting and conserving the value of buildings: The subject site currently has a single family residence that would be removed to accommodate for future expansion. No significant negative impact is anticipated. Encouraging the most appropriate use of land by assuring orderly growth: The surrounding area has and supports several businesses. By and large, the development has been for the above -mentioned uses. The area will become more suitable for a business, rather than a residence. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during approval process. (Applicant) j (Date) q VICINITY MAP DUELFER ZONE CHANGE A PORTION OF LOT 20, BLOCK 1, NORTHWEST TRACTS SECTION 1, T.28., R.22W., P.M.,M., FLATHEAD COUNTY, MONTANA. The Daily Inter Lake, Sunday, July 21, 2002 D7 No. 8033 - ` .... =h*T 7S. A request byMouh- "6. A request tiy' NOTICE OF PUBLIC -lain View Plaza LP for ProLand LLC on behalf HEARING preliminary plat appro- of Verizon Wireless and KALISPELL CITY BOARDcoal val of a 13 lot commer- subdivision located Flathead Industries fora PLANNING AND ZONING COM- on the southeast corner conditional use permit to allow a temporary use MISSION at Hwy 93 and West Re- for a cell on wheals The regular meaning of g serve Drive. This plat an property the Kalispell City Plan- l would create 13 com- m- mated /I a B-5, Com- calvd ning Board and Zoning develop lots it atl For mettle./whichlal zoning Commission is ached- development as pen of which lists tem- glad for Tuesday, View the Mountain View Pla- t porary uses and cellular in- gust 13, 2002, begin- za/Home Depot come comet lowers ning at 7:00 PM in the mercial center. The as a conditionally per- as a conditionally ' Kalispell Cily Council property contains ape midetl use. The tower 1 Chambers, Kalispell proximately 37 acres would be a approxi- City Hall, 312 First Ave- and is zoned B-2/PUD, mately 10D feet in i nue East, Kalispell. a Commercial zoning height located on a trial - During the regularly district with a Planned or type of Items that scheduled meeting of Unit Development over- would not require a per - the planning boaN, the lay. All of the lots inthemanenl attachment'lo board will hold a public subdivision would be the ground. The appli- hearing and take public served by public sewer dome are proposing that comments on the follow- and water and would be Me cell on wheals be al- 1 Ing agenda Items. The developed in accord- lowed to be used until a boars will make a nec- once with the previously ppennaoent co-locallon ommendapat4lo Me go- approved planned unit Fadlity can be secured pispelPCily CounclF'aitlo development (PUD) and with Me construction of i will take final action. development agreement the tower proposed on 1. Postponed from the executed with the City the adjoining site by ( July meeting, a request of Kalispell. The proper. TnSlar Communication. by Mark Owens, dba ty can be described as The tower would be to - LBO Limited Partner- Assessor's Tract 3E lo- catetl on property at fib chip for am initial zoning catetl in Section 31, Third Ave W.N. in Kells- designation upon an- Township 29 North, ppall. The property can nexation to the city of Range 21 West, be described as LOS 7 Kalispell on approxi- P.M.M., Flathead Cow- and 8. Block 28, Kalis- mately 58 acres of prop- ty, Montana. .pall Original Townslte - arty located at Me north-4- A request by North- Pocated in Section 7 • east corner of Stillwater ridge Lutheran Church Township 26 North Road and West Re- For a conditional use Range 21 West P.M.M., aerve Drive. The pro- permit to allow the ex- Flathead County Moraa- posal would designate pension of their existing na. t approximately 42 acres church on propperty to- 7. A request by Deb - as R-3, Residential, a called in an R-3, Single bie Willis for an initial single family residential Family Residential zon- zoning designation of R- ' district; appproximately 9 ing district which lists 4, Two Family Resident - acres as RA-3, a Resi- churches as a condition- ial, upon annexation in- dential Apariment/Olfice r ted use. The ally permitted in the city of Kalispell on i district and 7 acres Be existing 9,263 square approximately one acre 8-1, Neighborhood Sul- foot church would be that lies on the South for District, a limited expanded by and adi- side of Sunnysider Drive ' commercial district in- clonal approximately and the west side of tended to serve Me im- 11,361 square feet for a Denver Avenue. The mediate surrounding total area of 20,624 property address is 940 • area. A preliminary plat square feet. The height Sunnyside Drive and is for 121 lots as descri- of the church within the developed with a single bed below is being filed expansion area would family dwelling. Current - concurrently with the be between 14 feet and ly his property is in Me -, annexation and zoning 30 feet and would County zoning junsdic- request. The property match the existing build- Lion and is zoned R-1, proposed tar wnexation ing. The property where Suburban Residential. • and zoning can be de- the church is locatetl The properly is being scribed as a portion of contains approximately annexed in order to re. Assessor's Tract 5+ lo- 2.82 acres and is at 323 calve City utilities and mated in Section 25, Northridge Drive in Ka- create one additional • Township 29 North, lispell. The Property can lot. The property pro- • Range 22 West, be described as Lot 2, posed for annexation P.M.M., Flathead Coun- Block 12 Northridge can be described as As- ty, Montana. Heights # 4 located in sensors Treat 70 local. 2. Postponed from the Section 1, Township 28 ad in Section 19, Tom - July meeting, a request North, Range 22 West, slip 28 Norm, Range 21 by Mark Owens doe P.M.M., Retread Cow. West P.M.M., Flat ead Owl Condonation for pre- ty Montane. County, Montana. flminary plot approval of 5. A zone change re- Documents pertaining West View Estates, a quest by Roy. Michaeli to this agenda aem are 121-lot subdivision lo- and Amanda Deulfer on file for public inspac. catetl on the northeast from R-3. Residential,a Don at Me Tn-City Plan. corner of Stillwater single family residential ning Office, 17 Second Road and West Re- zoning district to B-2, Street East, Suite 211, serve Drive. This plat General Business, a Kalispell, MT 59901. would create 119 lots in- commercial district Mat and are available for tended for single family allows a broad mix of public review during residential development commercial uses. The regular office hours. on approximately 42 property lies at the Interested persons are acres, one lot intended northwest corner of encouraged to attend for neighborhood com- Three Mile Drive and the hearing and make mercial on approximate- North Meridian Road in their views and con- ly 7 acres and one lot Kalispell and contains tarns known to the intended for high densi- ty residential office uses approximately 1.69 acres and is currently Board. Written com- on approximately 9 developed with a single dents mayy be submit - o led t Me j nbe s Plan - acres. All of the Iota in the subdivision would family norms. The prop- any Proposed for rezone min Me al Me above ningadd be served by public ing is located at 25 Oss, prior to the dale of the hearing, or 9• sewer and water and Three Mlle Drive and contact Nance Wilson. would be developed in accordance win City of can be described as a portion of Lot M Sleds Senior Planner, at (406) Kalispell standards. /, Northwest Traet9 in 751-1 B50 for additional iinformation. The preliminary plat is Section 1, Township 28 /srrhomem R. Jemz being submilled in cnn- North, Range 22 West, Thomas R. Jen1z inwith Me annex- P.M.M-. Ramead Coun- Planning Director -- alien of the property, and ty, Montana. July 21, 2002 designation o1 initial 'Norm;; Range 22 pest, ' Pf0.hk. Flatlleed� Crow:. 24 28 14 15 R_ 26 BLKII _-- 16 25 i 17 3 24 8 23 Fr-49 21 ��� F-ACiFiC uj 22 & LIGH?! 21 1 1 20 R-5 24 j' 23 � 22 j 211 20,19 ' 18 1 17 ROSEWOOD � % � - 26i 1 : 2 31 4 1 ZSI S41 7 13 2 GLENWOOD ZBK� ' $ 12 _ — 11 ! 12, 13, 19 9 ` - 1 18 11 1 3 10j I i 10 - i' BIB 3 9� 2 17 i 11 1 i 16 i 3 12 a t 7 i 6! 5 2 HALL )D #a 3 �A'� HALL i ADD. 2 ,- 82 L N VICINITY MAP ROY, MICHAELI & AMANDA DEULFER ZONE CHANGE REQUEST FROM R-3, SINGLE FAMILY RESIDENTIAL TO B-2, GENERAL BUSINESS CITY OF KALISPELL ZONING JURISDICTION PLAT DATE. July 17 2002 FILE# KZC-02-2 SCALE 1" = 250' H:\gle\9ite\kzc02_2.dsg NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, August 13, 2002, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the 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. Postponed from the July meeting, a request by Mark Owens, dba LBO Limited Partnership for an initial zoning designation upon annexation to the city of Kalispell on approximately 58 acres of property located at the northeast comer of Stillwater Road and West Reserve Drive. The proposal would designate approximately 42 acres as R-3, Residential, a single family residential district; approximately 9 acres as RA-3, a Residential Apartment / Office district and 7 acres as B-1, Neighborhood Buffer District, a limited commercial district intended to serve the immediate surrounding area. A preliminary plat for 121 lots as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as a portion of Assessor's Tract 5+ located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. 2. Postponed from the July meeting, a request by Mark Owens dba Owl Corporation for preliminary plat approval of West View Estates, a 121-lot subdivision located on the northeast comer of Stillwater Road and West Reserve Drive. This plat would create 119 lots intended for single family residential development on approximately 42 acres, one lot intended for neighborhood commercial on approximately 7 acres and one lot intended for high density residential office uses on approximately 9 acres. All of the lots in the subdivision would be served by public sewer and water and would be developed in accordance with City of Kalispell standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning. The property can be described as a portion of Assessor's Tract 5+ located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by Mountain View Plaza LP for preliminary plat approval of a 13 lot commercial subdivision located on the southeast corner of Hwy 93 and West Reserve Drive. This plat would create 13 commercial lots intended for development as part of the Mountain View Plaza / Home Depot commercial center. The property contains approximately 37 acres and is zoned B-2 / PUD, a Commercial zoning district with a Planned Unit Development overlay. All of the lots in the subdivision would be served by public sewer and water and would be developed in accordance with the previously approved planned unit development (PUD) and development agreement executed with the City of Kalispell. The property can be described as Assessor's Tract 3E located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Northridge Lutheran Church for a conditional use permit to allow the expansion of their existing church on property located in an R-3, Single Family Residential zoning district which lists churches as a conditionally permitted use. The existing 9,263 square foot church would be expanded by and additional approximately 11,361 square feet for a total area of 20,624 square feet. The height of the church within the expansion area would be between 14 feet and 30 feet and would match the existing building. The property where the church is located contains approximately 2.82 acres and is at 323 Northridge Drive in Kalispell. The property can be described as Lot 2, Block 12 Northridge Heights # 4 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County Montana. 5. A zone change request by Roy, Michaeli and Amanda Deulfer from R-3, Residential, a single family residential zoning district to B-2, General Business, a commercial district that allows a broad mix of commercial uses. The property lies at the northwest corner of Three Mile Drive and North Meridian Road in Kalispell and contains approximately 1.69 acres and is currently developed with a single family home. The property proposed for rezoning is located at 25 Three Mile Drive and can be described as a portion of Lot 20, Block 1, Northwest Tracts in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 6. A request by ProLand LLC on behalf of Verizon Wireless and Flathead Industries for a conditional use permit to allow a temporary use for a cell on wheels (COW) on property located in a B-5, Commercial / Industrial zoning district, which lists temporary uses and cellular communication towers as a conditionally permitted use. The tower would be a approximately 100 feet in height located on a trailer type of frame that would not require a permanent attachment to the ground. The applicants are proposing that the cell on wheels be allowed to be used until a permanent co -location facility can be secured with the construction of the tower proposed on the adjoining site by TriStar Communication. The tower would be located on property at 68 Third Ave W.N. in Kalispell. The property can be described as Lots 7 and 8, Block 28, Kalispell Original Townsite located in Section 7 Township 28 North Range 21 West P.M.M., Flathead County Montana. 7. A request by Debbie Willis for an initial zoning designation of R-4, Two Family Residential, upon annexation into the city of Kalispell on approximately one acre that lies on the south side of Sunnyside Drive and the west side of Denver Avenue. The property address is 940 Sunnyside Drive and is developed with a single family dwelling. Currently this property is in the County zoning jurisdiction and is zoned R-1, Suburban Residential. The property is being annexed in order to receive City utilities and create one additional lot. The property proposed for annexation can be described as Assessor's Tract 7B located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to this agenda item 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. n Thomas R. Jentz Planning Director Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net MEMORANDUM TO: Kalispell City Staff and Other Interested Parties FROM: Narda A. Wilson, Senior Planner DATE: July 22, 2002 RE: August 13, 2002 - Kalispell City Planning Board — Regular Meeting Attached with this memo is a copy of the public hearing notice, vicinity map and site plan or plat and application for items that will go before the planning board on the above referenced date: 1. Continued from the July meeting - Mark Owens, dba LBO Limited Partnership for an initial zoning designation upon annexation to the city of Kalispell on approximately 58 acres of property located at the northeast corner of Stillwater Road and West Reserve Drive. 2. Continued from the July meeting - Mark Owens dba. Owl Corporation for preliminary plat approval of West View Estates, a 121-lot subdivision located on the northeast comer of Stillwater Road and West Reserve Drive. 3. Mountain View Plaza LP preliminary plat for a 13 lot commercial subdivision located on the southeast corner of Hwy 93 and West Reserve Drive. This plat would create 13 commercial lots intended for development as part of the Mountain View Plaza / Home Depot commercial center on approximately 37 acres. 4. Northridge Lutheran Church conditional use permit to allow the expansion of their existing church on property located in an R-3, Single Family Residential zoning district. The existing 9,263 square foot church would be expanded by and additional approximately 11,361 square feet for a total area of 20,624 square feet. 5. A zone change by Roy, Michaeli and Amanda Deuifer from R-3, Residential, a single family residential zoning district to B-2, General Business, a commercial district at the northwest corner of Three Mile Drive and North Meridian Road on approximately 1.69 acres. 6. ProLand LLC on behalf of Verizon Wireless and Flathead Industries for a conditional use permit to allow a temporary use for a cell on wheels (COW) on property located in a B-5, Commercial / Industrial zoning. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Referrals KPB 08/13/02 Julv 22, 2002 Page 2 7. A request by Debbie Willis for an initial zoning designation of R-4, Two Family Residential, upon annexation into the city of Kalispell on approximately one acre that lies on the south side of Sunnyside Drive and the west side of Denver Avenue. These items will go before the Site Development Review Committee in the Conference Roam of the Kalispell Building Dept. at the northwest corner of Third Avenue East and Third Street East on: July 25, 2002 - Initial comments August 1, 2002 - Comments Comments By: • August 2, 2002 so that they can be incorporated into the staff report These matters will go before the Kalispell City Planning Board on August 13, 2002 for public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to August 2, 2002 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852. If you need additional information regarding any of these items, please call me. Thank you for taking the time to review and comment on these items. c: w/attachments: Jim Stewart / John Sturzen, Fire Dept. Mike Baker, Parks and Rec Chris Kukulski, City Manager PJ. Sorenson, Zoning Administrator Jim Brown, Police Dept. Dick Amerman, City Engineer Jim Hansz, Director Public Works Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney Steve Herzog / Clay Colby — MDOT H: \... \AGREF\KALISPELL\KPBO813REF.DOC SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY Thursday, July 25, 2002 City Hall Conference Room ATTENDING: Dick Amerman, Asst. City Engineer Jim Brown, Assistant Police Chief Craig Kerzman, Building Official Narda Wilson, City Planner Kathy Kublin, Recording Secretary OLD BUSINESS: None. NEW BUSINESS: Mike Baker, Parks & Rec. Director Jeff Clawson, Plans Examiner Jim Stewart, Fire Marshal P. J. Sorensen, Zoning Administrator, Chair Shining Mountain - Went through Site Review for CUP severalmonths ago and was approved. The Site Plan was handed out and reviewed. They have new parking to the east of both existing lots. They need to revise their parking, but that can be fixed with little trouble. P. J. will discuss this with them. Narda suggested he ask them if they would be willing to put in a sidewalk which is the current Council's general policy —it would be a benefit to the community. Leave on agenda. Planning Board Agenda: -- West View Estates - Zoning/Preliminary Plat of 121 lot subdivision at West Reserve/Stillwater Road - Council had them put a 100 foot wide buffer by the West Reserve Drive and parcels 1 and 2 but they didn't hlce that so will take back to Council. -- Mountain View Plaza - Preliminary Plat - Came in with their plat. Target was created with a COS and Home Depot was created with a COS. Long narrow lots with anticipation of four tenants coming in. Lots 12 and 13 as separate lots but should be shown as common area. The plan needs to be consistent with the PUD. Lot 8 shows a small buildable area given the large area dedicated to a common entry. Conditions of plat to reflect conditions of PUD. -- Northridge Lutheran - CUP; expansion of existing church - Almost doubling in size, they are putting in new parking lot; needs to be approved by fire. We want sidewalks. Will not ask them to close existing parking accesses. Parking area not required. Buffering within the five feet to the west. -- Deulfer - Three Mile/Meridian zone change from R-3 to B-2 - Neighborhood plan designates high -density residential, not general commercial. After Meridian Road gets upgraded, then maybe do B-2. Right now the recommendation will be to deny the request and adopt R-5, which is Residential/Office. Discussion was held. Perhaps review in Growth Policy when it comes up. -- ProLand - CUP for temporary cell tower at 68 Third Avenue W. N. - May have to pull CUP. Screening and fencing requirements for a temporary tower; remains to be decided, although fencing to prevent kids from climbing it would be appropriate. They will need to go through the FAA process also. -- Willis - Annex/Zone (4-4) near Sunnyside/Denver - Debbie Willis wants to split the lot and needs to get on services. OTHER DISCUSSION: Smith's -Entrance - MDOT cut a development deal with them. Turn in only and the alley will be aright turn only exit. They may widen the alley. Need to check with Public Works. Land and Water Letter - P. J. received the a copy ofthe letter from Land and Water to Public Works regarding the environmental situation at Mountain View Plaza. They conclude that the study is complete and should be approved. Dick Amerman disagrees and is writing a memo to Chris with a copy to the Building Department. Ashley Park Phase IV - They need an "all weather" road for combustibles in place before the permit will be issued. The Fire Department is working with Carver Engineering - some areas need improvement. Need to compact the roads, maintain a 20 foot width and looped access. Anything off the easterly part off of 18 and end of Merganser are not okay. Need some street signage before getting permit. The meeting was adjourned at 11:20 a.m. cc: Chris Police Craig Fire 3CPO Parks Pi Public Works Comm. Dev. Page 16 - Kalispell Zoning Ordinance CHAPTER 27.08 R-5 RESIDENTIAL/PROFESSIONAL OFFICE Sections: 27.08.010 Intent 27.08.020 Permitted Uses 27.08.030 Uses Which May Be Permitted By Conditional Use Permit 27.08.040 Property Development Standards 27.08.010: Intent. A district intended to accommodate professional offices 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 shall be architecturally harmonious with the adjacent residential structures. Such a district should serve as a buffer between residential areas and other commercial districts and should be associated with arterial or minor arterial streets. 27.08.020: Permitted Uses. (1). Artist studio with incidental sales. (2). Boarding house, incidental (see definition). (3). Church/worship/parish/Sunday school buildings. (4). Clinics, medical and dental. (5). Counseling center for the physically or mentally disabled. (6). Day care (family or group day-care homes). (7). Dwelling, duplex. (8). Dwelling, single family. (9). Insurance Sales Office (No Claims). (10). Office, professional/governmental. (11). Parks. (12). Pharmacy. (13). Photographic studios. (14). Real estate sales offices. (15). Title company. (16). Travel agency. (17). Undertaking/mortuaries/funeral homes/parlors. 27.08.030: Uses Which May Be Permitted By Conditional Use Permit. (1). Bed and breakfast. (2). Community residential facility for eight (8) or fewer persons. R-5 - Residential/Professional Office- Page 17 (3). Day care center. (4). Dwellings, cluster development. (5). Electrical distribution station. (6). Foster or group homes serving eight (8) or fewer persons. (7). Schools, public/private, grades 1-12. (8). Temporary building/structure. 27.08.040: Property Development Standards. (1). Minimum Lot Area: 7000 square feet (2). Minimum Lot Width (FT): 70 (3). Minimum Yards (FT): Front Yard - 15 Side Yard - 5 Rear Yard - 10 Side Comer - 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 - 3.5 Rear - 6.5 Page 28 -Kalispell Zoning Ordinance Sections: 27.14.010 27.14.020 27.14.030 27.14.040 27.14.010: CHAPTER 27.14 B-2 GENERAL BUSINESS Intent Permitted Uses Uses Which May Be Permitted By Conditional Use Permit Property Development Standards Intent. A business district to provide areas for those retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities. This district would also serve the general needs of the tourist and traveler. This district depends on the proximity to major streets and arterials. This district should be located in business corridors or in islands. 27.14.020: Permitted Uses. (1). Appliance distributors, wholesale/repair. (2). Athletic club. (3). Automobile parking, commercial or public. (4). Automobile sales. (5). Automobile rental agency. (6). Automobile repair garages, excluding body shops. (7). Automobile service station (see definition). (8). Bakery/deli, wholesale and retail, less than 1,500 square feet manufacturing area. (9). Banks, savings and loans, finance companies. (10). Barber and beauty services. (11). Boat sales, new and used. (12). Building materials, storage/sale including lumber yards. (13). Bus passenger terminal buildings, transit terminals. (14). Car wash, automobile detailing shop. (15). Catering establishments. (16). Church/worship/parish/Sunday school buildings. (17). Dairy bar/ice cream manufacturing, retail on premise. (18). Electrical sales and contracting companies. (19). Food processing/retail on premises -no killing or dressing of flesh or fowl. B 2 General Business - Page 29 (20). Food store/supermarket, etc. - no slaughtering of flesh/fowl. (21). Food stores, retail/under 3,000 square feet. (22). Garden supplies, retail sales. (23). Glazier. (24). Heating, ventilating, air conditioning (HVAC)/sheet metal shop, sales/service. (25). Hotel, motel. (26). Janitor supplies/services/contracting. (27). Launderette/dry cleaning, customer self-service. (28). Laundries/dry cleaning plants. (29). Liquor store. (30). Locksmiths or gunsmiths. (31). Lube station. (32). Manufactured home sales lot. (33). Massage parlor. (34). Motorcycle sales/repair. (35). Music education with related performance and limited sales. (36). Newspaper office. (37). Nursery, landscape materials. (38). Office, professional/governmental. (39). Parks. (40). Pawn shops (no outside storage/display). (41). Plumbing/heating materials, retail/service only. (42). Plumbing shop and yard. (43). Post office - main distribution center. (44). Post office - satellite or neighborhood. (45). Prepared food delivery facilities. (46). Printing/pub/reproduction/blueprinting/photostating establishment. (47). Produce stand. (48). Radiator repair. (49). Real estate sales offices. (50). Recreational area, commercial and non-commercial (see definition). (51). Rental service stores and yards. (52). Repair/service-office/household equipment. (53). Restaurants. (54). Retail business (see definition). (55). Riding academy and stables. (56). RV sales. (57). Second hand stores (see definition). (58). Shoe repair. (59). Ski rental shop. (60). Small engine sales, service and repair (lawn mowers, saws). (61). Take and bake prepared food facility. (62). Taxidermist. (63). Telecommunication companies and/or radio common carriers. Page 30 - Kalispell Zoning Ordinance (64). Theaters in permanent indoor structure. (65). Tire dealer, alignment center. (66). Trailer sales areas. (67). Travel agency. (68). Truck rentals, single axle, less than 20,100 pounds gvw. (69). Upholstery shop. (70). Veterinary clinic, small animals. 27.14.030: Uses Which May Be Permitted By Conditional Use Permit. (1). Amusement park or zoo and similar out-of-doors activities. (2). Apartments, Accessory. (3). Assembly halls/coliseums/stadiums/convention hall facilities. (4). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP) (5). Campground/RV Park. (6). Casino if 300 feet or more from churches, schools, parks, residential zones, and other casinos, measured from property line to property line. (7). Community residential facilities for eight or fewer persons. (8). Drive-in theaters. (9). Electrical distribution station. (10). Fish sales stand, temporary. (11). Golf courses. (12). Golf driving range/putting course. (13). Hangars (aircraft) when abutting/contiguous to an airport. (14). Heliports. (15). Hostel, youth. (16). Law enforcement/fire stations. (17). Libraries, museums, and similar cultural facilities. (18). Mini -storage / recreational vehicle storage. (19). Mobile restaurant/vendor facilities. (20). Quasi -public buildings, non-profit in character. (21). Railroad rights -of -way. (22). Recycling center. (23). Restaurants, as an incidental use. (24). Rifle range, indoor. (25). Schools, commercial (see definition). (26). Shelter, public or private. (27). Temporary building/structure. (28). Transmission towers and accessory facilities. (29). Water storage facilities. B-2 General Business - Page 31 27.14.040; Property Development Standards. (1). Minimum Lot Area: 7000 square feet (2). Minimum Lot Width (FT): 70 (3). Minimum Yards (FT): Front Yard - 20 Side Yard - 5 Rear Yard - 10 Side Corner - 15 (4). Maximum Building Height (FT): 40 (5). Permitted Lot Coverage (%): N/A (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 Page 32 - Kalispell Zoning Ordinance CHAPTER 27.15 B-3 COMMUNITY BUSINESS Sections: 27.15.010 Intent 27.15.020 Permitted Uses 27.15.030 Uses Which May Be Permitted By Conditional Use Permit 27.15.040 Property Development Standards 27.15.010: Intent. A business district to provide areas for the development of community shopping areas and other retail service centers. This district shall be a business island of not less than five acres and not a strip development. This district is not intended to provide areas for outside sales of such items as automobiles, manufactured housing and boats. 27.15.020: Permitted Uses. (1). Artist studio with incidental sales. (2). Athletic club. (3). Automobile parking, commercial or public. (4). Automobile repair garages, excluding body shops. (5). Automobile service station (see definition). (6). Bakery, deli, wholesale/retail, greater than 1,500 square feet manufacturing area. (7). Banks/savings and loan/finance and loan companies. (8). Barber and beauty services. (9). Candy products manufacture, retail on premise. (10). Car wash, automobile detailing shop. (11). Catering establishments. (12). Chemical dependency/substance abuse clinic (outpatient only). (13). Chiropractic clinic. (14). Church/worship/parish/Sunday school buildings. (15). Clinics, medical and dental. (16). Coin and/or stamp dealers, lapidaries. (17). College/business/trade/music/dance schools - no student reside. (18). Counseling center for the physically or mentally disabled. (19). Dairy bar/ice cream manufacturing, retail on premises. (20). Day care center (see definition). (21). Department stores. (22). Food processing/retail on premises - no kill/dress of flesh/fowl. (23). Food store/supermarket, etc. - no slaughtering of flesh/fowl. (24). Food stores, retail under 3,000 square feet. Page 12 - Kalispell Zoning Ordinance CHAPTER 27.06 R-3 RESIDENTIAL Sections: 27.06.010 Intent 27.06.020 Permitted Uses 27.06.030 Uses Which May Be Permitted By Conditional Use Permit 27.06.040 Property Development Standards 27.06.010: Intent. A residential district to provide lot areas for urban development. This development must be served by all public utilities. 27.06.020: Permitted Uses. (1). Boarding house, incidental (see definition). (2). Day care (family or group day-care homes). (3). Dwelling, single family. (4). Parks. 27.06.030: Uses Which May Be Permitted By Conditional Use Permit. (1). Bed and breakfast. (2). Church/worship/parish/Sunday school buildings. (3). Community center/gym/swim pools -operated by public/quasi-public. (4). Community residential facility for eight (8) or fewer persons. (5). Day care center. (6). Dwellings, cluster development. (7). Electrical distribution station. (8). Foster or group homes serving eight (8) or fewer persons. (9). Golf courses. (10). Law enforcement/fire stations. (11). Railroad rights -of -way. (12). Recreational area, non-commercial. (13). Schools, public/private, grades 1-12. (14). Temporary building/structure. (15). Water storage facilities. R- 3 Residential- Page 13 27.06.040: 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 - 20 (4). Maximum Building Height (FT): 30 (5). Permitted Lot Coverage (%): 35 (6). Off -Street Parking: Refer to Section 27.26. (7). Maximum Fence Heights (FT): As per 27.22.090. North Meridian Neighborhood -Plan - Page 13 POLICY SECTION The following are the Goal statements and Policies that are incorporated into the Kalispell City/County Master Plan amendment, as part of the North Meridian Neighborhood Plan. ISSUE 1: The present urbanized land use pattern incorporates a haphazard and incompatible mix of uses. GOAL 1: To set a pattern of land use that incorporates sensitivity to neighboring uses. POLICIES: 1. Create and maintain a land use pattern that is consistent with the North Meridian Neighborhood Plan and Plan maps. 2. The areas identified on the Plan Map as Multi -family Residential category along Meridian Road should encourage a mix of professional office and high density residential development. 3. Where proposed non-residential, multi -family, and single family uses abut each other, encourage the use of extensive landscape buffers. 4. Single family homes be developed along Colorado Street. 5. Within the Neighborhood/Buffer Commercial designation allow uses that are compatible with the neighboring residential areas. 6. Within the Plan area encourage inside storage of materials and conversion of non- conforming uses to permitted uses. 7. Encourage the City's Community Development Department to develop and adopt a Redevelopment Plan for the area to facilitate the relocation of uses not compatible or of high impacts to areas of the City that are more appropriate for high impact uses. a. If the Fairgrounds remain, the Multi -use category would allow the expansion/modification to the facility- W .TH MLRJDIAN ROAD IGHBORHOOD PLAN T28NII 'llF,, VALLEY APTA PTS URBAN RESIDENTIAL HIGH DENSITY RESIDENTIAL COMMERCIAL NEIGHBQRHOOD COMMERCIF PUBLICIPARK MULTI -USE �.. 'PROJECT BOUNDARY COLORAOO W1 0110; 'A NEVM1OR C1tN11+ 41. Wpr311[NGTON �N•