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04. Ordinance 1207 - Text Amendment - B-1 Zone - 1st ReadingORDINANCE NO. 1207 AN ORDINANCE AMENDING SECTION 27.13.030 OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY EXPANDING THE LIST OF CONDITIONAL USES IN A NEIGHBORHOOD BUSINESS, B-1 ZONING CLASSIFICATION TO INCLUDE "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" AS A CONDITIONAL USE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Douglas R, Johns, d/b/a Mountain Paging Network, Inc., representing Ron and Sharon L. DeMeester, the owners of Lots 7, 8, 9 of Block 231, Kalispell Addition #5, has submitted a written request to amend Section 27.13.030, of the Kalispell Zoning Ordinance, by requesting that the list of conditional uses in a Neighborhood Business, B-1 zoning classification be expanded to include "telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches", and WHEREAS, the request was forwarded to the Kalispell City - County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under 27.30.020, Kalispell Zoning Ordinance, and WHEREAS, FRDO evaluated the requested text amendment for capability with a particular zoning classification, and WHEREAS, "telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet" are to a degree compatible with the definition of a Neighborhood Business, B-1 zoning classification, and WHEREAS, the table of conditional and permitted uses in a Neighborhood Business, B-1 zoning classification contains similar uses, and WHEREAS, the anticipated impacts of other conditional or permitted uses in a Neighborhood Business, B-1 zoning classification may in terms and intensity be equally as great as "telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet", and WHEREAS, the specific purpose of the requested text change is to allow Lots 7, 8, 9 of Block 231, Kalispell Addition #5 to include telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet as a conditional permitted use, and 1 WHEREAS, FRDO has recommended that because of unknown adverse impacts and a limited proposed use, the proposed text amendment may be properly limited to accommodate the request while at the same time preserving the integrity of the Neighborhood Business, B-1 zoning classification, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to allow "telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet" as a conditional use in the B-1 Neighborhood Business Zone, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Zoning Ordinance, Ordinance No. 1175, is hereby amended as follows: Section 27.13.030, Zone Classification, Neighborhood Business, B-1, is hereby amended by including therein as a conditional use "telecommunication companies and/or radio common carriers with ancillary antennas with mono- pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet". SECTION II. This Ordinance shall be effective thirty (30) days from and after its final passage by the City Council and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1994. ATTEST: Amy H. Robertson Finance Director 2 Douglas D. Rauthe, Mayor m,-A,R 2 1 1994 r � I is � r � i .� �- a • '. i 1 r � r. March 16, 1994 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5780 RE: Kalispell Zoning Ordinance Text Amendment to the B-1 Zone Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met in regular session on Tuesday, March 8, 1994, and held a public hearing on the following: A request by Mountain Paging Network, Inc. for a Kalispell Zoning Ordinance Text amendment to allow "Telecommunication companies and/or radio common carriers with ancillary antennas" in Section 27.13.030, Conditional Use Permits in the B-1 Neighborhood Business zone. John Parsons, of FRDO presented the staff report, which recommended the text amendment. The applicant spoke in favor of the request. No one spoke in opposition. The Board expressed concern on the height of the antenna being an eyesore, questioned whether this type of business met the definition of a B-1 zone, and the overall ramifications of a text change. Brian Wood, Kalispell Zoning Administrator represented the City's position on the text change. After lengthy debate, the Board voted 4-3 to recommend approval of the text amendment to allow telecommunication companies and/or radio common carriers with ancillary antennas as a conditionally permitted use in a B-1 Neighborhood Business zone. This recommendation is being forwarded to the City Council for final action. If you have any questions regarding this request, please contact the Commission or John Parsons at FRDO. Respectfully Submitted, KA SPELLLLfCITCO�WLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JJP/eo Attachments: FRDO Report #KZTA-94-01 Application Materials f F:\FRDO\TRANSMIT\KZTA93-I.REC Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell 9 City of Whitefish TO: KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION FROM: JOHN PARSONS, SENIOR PLANNER RE: ZONING TEXT AMENDMENT TO THE B-1 ZONE (FRDO #KZTA-94-01) DATE: MARCH 1, 1994 A public hearing has been scheduled for the March 8,1994 Zoning Commission meeting to discuss a proposed amendment to the text of the adopted Kalispell Zoning Ordinance. The Planning Staff has been requested by Douglas R. Johns of Mountain Paging Network, Inc. to address a specific area of the adopted zoning ordinance. The B-1, Neighborhood Business zone does not currently permit the construction of "Telecommunication Companies and/or Radio Common Carriers with ancillary antennas". Mr. Johns has requested that this use be permitted as a Conditional use in this zone. THE B-1 ZONE: The intent of the B-1 zone is as follows: A business district to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential area. This district should serve as a buffer between residential areas and other commercial districts and primarily serve the daily needs of the surrounding populations. The district is not intended for those businesses that: (1) Draw customers from well beyond a neighborhood boundary; or (2) Require the outdoor display, sale and/or storage of merchandise, outdoor services or operations or outdoor consumption of food and beverages. ANALYSIS' The issue involves allowing this type of office with an antenna in the B-1 Neighborhood zone. They are not currently listed as either a permitted or conditional use. The applicant has requested that they be allowed as a conditional use. Within the B-1 zone are several uses that appear to be equal to the intensity of the requested use, le: professional and governmental offices and insurance offices. In addition, there appears to be several more intensive business uses allowed in this zone which apparently are not out of character, i.e.: car washes, gas stations, and fire stations. A telecommunication office with an antenna will not conflict with #2 above. Criteria #1 does raise a question as to how great an area a telecommunications office draws from. Typically, this type of office serves the entire County and could not survive on a single neighborhood. Therefore, it would appear to fail the test of drawing from beyond the neighborhood. However, part of not wanting to draw from outside the neighborhood involves the traffic generation of the proposed use. This type of business does not generally require the return of clients after the initial visit, so the expected impact on traffic would be minimal. An antenna, however, would probably have impacts on the adjacent neighborhood very similar or less than that of an electrical distribution station, or a water storage facility, which are now conditionally permitted. Under a Conditional Use Permit height limitations could be imposed on any antenna that might be constructed thus reducing the impact. o .� it is recommended that the Kalispell City Zoning Ordinance Text be amended by adding the following section: Chapter 27.13 B-1 Neighborhood Business section 27.13.030 Uses Which May be Permitted By Conditional Use Permit to Include: Telecommunication Companies and/or Radio Common Carriers, with ancillary antennas. .IJP/dh R E PO RTSIKZTA94-1.R PT FRDO File No. Date Accepted Receipt No. ZONINGPETITION FOR ► CITY OF ,• o 1. NAME OF APPLICANT: Mountain Paging Network, Inc. 2. MAIL ADDRESS: P.O. Box 913 3. CITY/STATE: Kalispell, MT 59903-0913 PHONE: 406/752-6811 4. INTEREST IN PROPERTY: Leasee - Tenant (Long-term Leasehold) 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? it e7 u ;. �'J C, 2_4�d u, az& a N a led 4e'd a, a -- a dj:d I d.e.l GA d. A 1:eA .sfsesn IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: (the intersection of -North) A. Address of the property: 13 East Oregon Street (Maine Street & East Orpuon) 8. Legal description: Lots 7, 8 & 9 of -Block 231, Kalispell Additi!2n f5 (Lot and Block of Subdivision; Tract #) N/A (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: B-1 Neighborhood Commercial D. The proposed zoning of the above property is: B-1 (Text Change Only.) E. State the changed or changing conditions that make the proposed amendment necessary: The existing B-1.Zone will remain unchanged. The proposed zoning text change amendment will aloes for a telecommunications com an . The necessity for th's request is for: enhanced company exposure, ease of -access with adequate off- street parking, the need for larger office facilities, the ability to serge the needs of -the handicapped customers and the ability to employ physically handicapped individuals. 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. promoting the Master Plan The proposed text change amendment will have no material affect upon the Master Plan. The proposed use will not add measurable impact to this area nor will it degragate from it. This text change amendment will be very compatable within the B-1 zone. B. Lessening congestion in the streets and providing safe access You will not see any measurable impact in either adding to or lessening the congestion in the streets or added concern for safe access. Our impact will be neutral wi h regard to traffic and safety. C. Promoting safety from fire, panic, and other dangers We are a total service orientated business. nothing that we do will impact negatively upon fire, panic, etc. If -.anything we will add to the promotion of: safety _just by the very nature of:our business. D. promoting the public interest, health, comfort, convenience, safety and general welfare This new business location will allow us to employ the _ physically handicapped and make it easier for the handicapped to access our facility. Additionally, this new location will promote the health, comfort, convenience, safet and general welfare of:our employees. E. Providing adequate light and air This new facility will meet all current life - safety, health and environmental requirements. We will not impact negatively any light or air concerns. F. preventing the overcrowding of land We are completely cMRatable in megtinj the B-1 requirements for density. Our business will have le g i=asr tp the area and this facility than the present building occupant, andthe other businesses in the area. 6. Avoiding undue concentration of population We are a business which does not draw concentrations of -people. Most all of,our contact with the public is v3ot the telephone. By the very nature of -our business we have lieht customer service traffic coming to our place of:business. H. Facilitating the adequate provision of transportation, water, sewage, schools, parks, and other public facilities We will not add any impact to the public facilities. All public services of, transportation, sewer and water are totally adequate for our needs. We have no impact on schools, parks and other public facilities. 2 E. Givi;ng reasonable consideration to the character of the district We will be equal to or better than the other existing businesses in this B-1 zone in blending into the character of - this district. We are a "Low Profile" type of business, totally compatable to the adjoining neighborhood. J. Giving consideration to the peculiar suitability of the property for particular uses The existing facility lends itself very well for our type of - business. Our business will not adversely affect the adjoining residential area. Our traffic requirements are minimal, we do not produce noise, dust, smoke, excess traffic or congestion, nor are we of -life, health or safety concern. K. protecting and conserving the value of buildings We, by the nature of�our business, are a "Low -impact" user of -a building. We will add value to the area by being a "Low -impact" business, we do not contribute to waist or garbage which could affect the area. L. Encouraging the most appropriate use of land by assuring orderly growth A business such as ours lends itself -very well to the B-1 zone. It is the _ideal type of -business for this zone. By moving from our old location in the Central Business District we will make space available for those businesses needing higher impact facilities. The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval process. w licant) .+�.csr►.01 �...�.;,-,, Revised 7127l93 dh February 7, 1994 (Date) 3 .W ...: ..e, APPLICABLE TO ALL ZONING APPLICATIONS: A. Pre -Application Meeting: A discussion with the Planning Director or designated member of staff oust precede filing of this application. Among topics to be discussed are: Master Plan compatibility with the application, compatibility of any proposed zone change with surrounding zoning classifications, and the application procedure. S. Completed application fors. C. Application fee of f350.ee payable to the Flathead Regional Development office. D. The application must be accepted as complete by the FRDQ staff thirty (30) days rior to the date of the 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 CHP14M: A. Application Contents: (1) Petition for zone change signed by at least 5e% 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 resort of the subject property. 4