04. Ordinance 1207 - Text Amendment - B-1 Zone - 2nd 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 MONO -POLE 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
Fa
Douglas D. Rauthe, Mayor
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,
KAL SPELL CIT C PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/JJP/eo
Attachments: FRDO Report #KZTA-94-01
Application Materials
F:\FRDO\TRANSMIT\KZTA93-l.REC
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • 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 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, ie: 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.
RECO MENDATIM
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.
JJP/dh
REPORTS\KZTA94-1.RPT