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
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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
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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
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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?
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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.
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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.
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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.
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licant) .+�.csr►.01 �...�.;,-,,
Revised 7127l93 dh
February 7, 1994
(Date)
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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.
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