11. Ordinance 1266 - Meridian Offices Zone Change - 1st ReadingAgenda -July 21, 1997
AGENDA ITEM 11 - ORDINANCE 1266-MERIDIAN OFFICES, LTD.-TINSETH ZONE
CHANGE REQUEST B-1 TO B-2
BACKGROUND/CONSIDERATION: I have enclosed the report from the
Planning Board for this request. Based upon the Findings of Fact
and no opposition stated at the meeting, the Planning Board
unanimously recommended approval of the zone change.
RECOMMENDATION: I concur with the Findings of Fact and the Planning
Board's recommendation for the change in zoning.
ACTION REQUIRED: ORDINANCE 1266 will need to be approved to make
the zone change effective.
ORDINANCE NO. 1266
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY REZONING
PROPERTY OWNED BY MERIDIAN OFFICES LTD. AND LESLIE AND PATRICIA
TINSETH, DESCRIBED HEREIN (PREVIOUSLY ZONED NEIGHBORHOOD BUSINESS
ZONE, B-1 DISTRICT), TO B-2, A GENERAL BUSINESS DISTRICT, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Meridian Offices Ltd. and Leslie and Patricia
Tinseth, the owners of property more particularly described as the
East 315 feet of Assessor's Tract 5CF, Quirk's Addition No. 46 and
the East 125 feet of Assessor's Tract 5CE located in Section 12,
Township 28 North, Range 22 West, P.M.M., Flathead County,
petitioned the City of Kalispell that the zoning classification
attached to the above described tract of land be changed to B-2, a
General Business District, under the City of Kalispell Zoning
Ordinance, and
WHEREAS, said property exists as property surrounded to the
'J North by General Business, B-2 classification; to the East by
Neighborhood Business, B-1 classification; to the South by
Neighborhood Business, B-1 classification; and to the West by
Public, P-1 classification, and
WHEREAS, the petition of Meridian Offices, Ltd./ Leslie and
Patricia Tinseth was the subject of a report compiled by the
Flathead Regional Development Office, #KZC-97-2, dated July 1,
1997, in which the Flathead Regional Development Office evaluated
the petition and recommended rezoning the property from
Neighborhood Business, B-1 to General Business, B-2, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending said property be rezoned as
General Business, B-2, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone said property General Business, the City Council
makes the following based upon the criterion set forth in Section
76-2-203, M.C.A.:
j\wp\ord\tinseth
July 15, 1997
I•-- Wil 41Mt(E-14! to -- OTM V - •
The area is within the boundaries of the North Meridian
Neighborhood Plan. The Neighborhood Plan designates these
properties as commercial. The proposed rezoning would be in
compliance with the master plan map designation.
Currently, the area proposed for rezoning has existing office
buildings. The uses allowed under the proposed B-2 may generate
more traffic than those allowed under the existing B-1 zoning.
However, North Meridian Road is an arterial within the city where
large volumes of traffic and congestion which might be generated as
result of this zone change are minimal.
Y,ii1._1__ tZ.sare SaLet-y from Fire, Panic and Other
Dangers?
Access, fire suppression and circulation in the area are adequate
to secure the area from fire, panic and other dangers which might
compromise the safety of the public. Rezoning will not affect the
risk and safety factors which might be associated with this
property.
Currently these lots are developed and have been constructed
according to current building codes. There would be an
insignificant impact on the general health and welfare of the
community with regard to the rezoning of these lots.
Adequate light and air would be provided both by the density in the
district and the setback requirements for structures.
The structures on these parcels have been established with the
previous uses. Further expansion will be minimal. The overall
j\wp\ord\tinseth
July 15, 1997 2
density of the area would not be significantly changed with the
proposed B-2 zoning on this property.
Will the --Re-ques_t.e_d___Z-ca e r acilita_te_ the Adequate -P-rovi$i-on--of
T_ranspor_t_ation,-Watar_.__Sewesage,._..SchoDlB -Barks_and-0-ther-public
Requ x-ements 2
All public services and facilities are available to this site such
as fire protection, police protection, schools, parks and
recreation and a good transportation system. Adequate services can
be provided to accommodate the development of these lots.
Currently the property is being used commercially and is in an area
which is developing toward a more commercial nature. The uses on
the property will not change substantially and are consistent and
compatible with other uses in the area. The requested zone change
gives adequate consideration to the suitability of the property for
uses allowed in the B-2 district.
The character of the area is commercial, business and some high
density residential. The requested zone is consistent with the
uses in the area since it is intended for this mix of uses.
The value of the buildings in the area would be generally
unaffected by this change in zoning. The uses planned for these
lots are commercial and office which would be consistent and
compatible with other buildings in the area which are primarily
commercial, office and high density residential.
The neighborhood plan designates this area for commercial
development. The zoning in the area and the requested zoning are
j\wp\ord\tinseth
July 15, 1997 3
consistent with that land use designation. The zoning is used as
a tool to implement the master plan thereby encouraging the most
appropriate use of land throughout the planning jurisdiction.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
$E_CTXD J 1. Section 27.02.010, of the Official Zoning Map of
the Kalispell Zoning Ordinance, (Ordinance ##1175) is hereby
amended by designating the property described as: the East 315
feet of Assessor's Tract 5CF, Quirk's Addition No. 46 and the
East 125 feet of Assessor's Tract 5CE located in Section 12,
Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana; General Business, B-2.
SECTION II. 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.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF ,1997.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
j\wp\ord\tinseth
July 15, 1997
n
Douglas D. Rauthe, Mayor
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
July 9, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Meridian Offices, Ltd. / Tinseth Zone Change Request - B-1 to B-2
Dear Clarence:
The Kalispell City -County Planning Board met on July 8, 1997 and held a public
hearing to consider a request by Meridian Offices, Ltd and the Tinseths for a zone
change from B-1, a Neighborhood Buffer District, to B-2, a General Business District to
address their need for additional signage and to allow greater flexibility in the types of
uses which would be allowed on the property. The site is located on the east side of
Meridian Road approximately 800 feet north of Two Mile Drive in Kalispell.
Narda Wilson of the Flathead Regional Development Office evaluated the proposal and
recommended approval of the requested zone change. She noted the parcels are
currently fully developed.
At the public hearing, Michael Frazer who has an office in the building spoke in favor of
the proposal on behalf of the property owners. There was no opposition to the zone
change.
The Planning Board discussed the sign allowance differences in the B-1 and B-2 zoning
districts. A motion to adopt Staff Report #KZC-97-2 as findings of fact and forward a
recommendation to approve the zone change was passed on a vote of 8 in favor and
none opposed.
Please place this matter on the agenda for the July 21, 1997 regular City Council
meeting. Please contact this board or Narda Wilson at the Flathead Regional
Development Office if you have any questions regarding this matter.
Sincerely,
K ipell City -County Planning Board
Pamela J.B. Ke edy
Vice -President
PJBK/NW/eo
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Staff recommends that the Kalispell City -County Planning Board and Zoning
Commission adopt FRDO staff report #KZC-97-2 as findings of fact and, based on these
findings, recommend to the Kalispell City Cou4 that the requested zone change from
B-1 to B-2 be granted.
H: \... \ KZC \96 \ KZC97-2
5
kt MERIDIAN OFFICES, LTD. / LESLIE AND PATRICIA TINSETH
REQUEST FOR ZONE CHANGE FROM B-1TO B-2
FLATHEAD REGIONAL. DEVELOPMENT OFFICE
STAFF REPORT #KZC-97-2
JULY 1, 1997
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a zone change request from B-1 to B-2. A public hearing has been scheduled
before the Kalispell City -County Planning Board for July 8, 1997 beginning at 6:00 PM
in the Kalispell City Council Chambers. The Planning Board will forward a
recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
The applicants are proposing to amend the Official Kalispell Zoning Map for one parcel
and a portion of two parcels from the existing B-1, a Neighborhood Buffer District use
district, to B-2, a General Business use district.
A. Petitioner and Owners:
Meridian Offices, Ltd.
690 N. Meridian, Suite 210
Kalispell, MT 59901
(406)752-2881
Leslie and Patricia Tinseth
750 N. Meridian
Kalispell, MT 59901
B. Location and Legal Description of Property: The properties proposed for
rezoning are located on the east side of Meridian Road north of Two Mile Drive
approximately 800 feet. The properties can be described as the east 315 feet of
Assessor's Tract 5CF, Quirk's Addition No. 46 and the east 125 feet of
Assessor's Tract 5CE located in Section 12, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
C. Existing zoning: Currently this property is zoned B-1, a Neighborhood Buffer
District which requires a minimum lot size of 7,000 square feet and allows
limited retail uses, offices and other low impact business and commercial uses
designed to serve the immediate area.
D. Nature of Request and Proposed Zoning: The properties are being proposed for
rezoning to B-2, a General Business zoning district which has a minimum lot
size requirement of 7,000 square feet. This use district allows for a wider range
of commercial and retail uses than the existing B-1 zoning. It also has a more
generous sign allowance than the existing B-1 zoning.
The parcels proposed for rezoning have existing business on them. The parcel to
the south has an office complex which accommodates several businesses. They
have having problems obtaining the necessary signage under the existing B-1
1
zoning. The property to the north accommodates a professional office. The
rezoning will provide a logical connection of the B-2 zoning to the north and
south and will allow a greater number of commercial and business uses than the
existing B-1 zoning.
E. Size: The area proposed for rezoning contains approximately 2.13 acres of land
total. A minor subdivision has been proposed for the property to the south
which will follow the zoning district boundaries. The property to the north will
undergo a boundary line adjustment which will also follow the proposed district
boundaries between the B-1 and the proposed B-2 zoning districts.
F. Eadsting Land Use: These lots currently accommodate office buildings.
G. Adjacent Land Uses and Zoning:
North: Office, B-2 zoning
East: Undeveloped, B-1 zoning
South: Undeveloped, B-1 zoning
West: Fairgrounds, P-1 zoning
H. General Land Use Character: The general land use character of this area is
primarily commercial and office in nature. There are some residences in the area
that have not transitioned to a higher intensity uses. There are also some high
density residential uses in the area which make this a mix of office, commercial
and residential uses in the area.
L Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Pacific Power and Light
Telephone:
P71 service area
Schools:
School District #5dt�.r
Fire:
City of Kalispell
Police:
City of Kalispell
J. Relation to zoning requirements:
regardWith to •size,• " lots within this • i • would meetMinimum
lot size requirementof 0i square feet for• :-2 zoning district.
zoning Imisg''Itall'-, Me curr6at develop. t�la- e �tlirAwds
ZIPM
{#
Reaction of Nearby Proverty 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 writl&g of the staff report,
a.
no comments had been received by the staff.
EVALUATION BASED ON STATUTORY CRITERIA
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.
I. Does the requested zone comply with the Master Plan?
This area is within the boundaries of the North Meridian Neighborhood Plan.
The neighborhood plan designates these properties as commercial. The proposed
rezoning would be in compliance with this master plan map designation.
2. Is the requested zone designed to lessen congestion in the streets?
Currently, the area proposed for rezoning has existing office buildings. The uses
allowed under the proposed B-2 may generate more traffic than those allowed
under the existing B-1 zoning. However, North Meridian Road is an arterial
within the city where large volumes of traffic is anticipated, and since the sites
are currently developed, additional traffic and congestion which might be
generated as a result of this zone change are minimal.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Access, fire suppression and circulation in the area are adequate to secure the
area from fire, panic and other dangers which might compromise the safety of the
public. Rezoning will not effect the risk and safety factors which might be
associated with this property.
4. Will the requested change promote the health and general welfare?
Currently these lots are developed and have been constructed according to
current building codes. There would be an insignificant impact on the general
health and welfare of the community with regard to the rezoning of these lots.
5. Will the requested zone provide for adequate light and air?
Adequate light and air would be provided both by the density in the district and
the setback requirements for structures.
6. Will the requested zone prevent the overcrowding of land or undue concentration
of people?
The structures on these parcels have been established with the previous uses.
Further expansion will be minimal. The overall density of the area would not be
significantly changed with the proposed B-2 zoning for this property.
3
7. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools,, parks, and other Dublic requirements?
All public services and facilities are available to this site such as fire protection,
police protection, schools, parks and recreation and a good transportation
system. Adequate services can be provided to accommodate the development of
these lots.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
Currently this property is being used commercially and is in a area which is
developing toward a more commercial nature. The uses on the property will not
change substantially and are consistent and compatible with other uses in the
area. The requested zone change gives adequate consideration to the suitability
of the property for uses allowed in the B-2 district.
9. Does the requested zone give reasonable consideration to the character of the
district?
The character of the area is commercial, business, and some high density
residential. The requested zone is consistent with the uses in the area since it is
intended for this mix of uses.
10. Will the proposed zone conserve the value of buildings?
The value of buildings jn the area would be generally unaffected by this change
in zoning. The uses planned for these lots are commercial -and office which
would be consistent and compatible with other buildings in the area which are
primarily commercial, office and high density residential.
11. WM - the requested zone encourage the most appropriate use of the land
throughout the iurisdiction?
The neighborhood plan designates this area for commercial developmen-` The
zoning in the area and the requested zoning are consistent with that land use
designation. The zoning is used as a tool to implement the master plan -thereby
encouraging the most appropriate use of land throughout the planning
jurisdiction. _ _1 .
The r es proposed for rezoning are substan ` ed:' Tfi nin
P off P� g already tia$y evelop g
would allow, the property owners additional signage and more flext'bility in the number
of uses which would be allowed .in B-2. as opposed to B-1. The net' ifffect of tlis zone
change would have minimal impacts tithe area and for the 'es proposed for
rezoning.
.x
k
4i 11
12 9 5 jej��' qi2 is.
R-1 I — 11 3! Z
12
OR 7ING VCN".&A OWER Aco, ij�q
VEST il �' 'fj
21 BMW—
aj 2 6L
5c8 5
19 < 3 5N
51
7 w 4 e M 1 91 50 M 5F 2- ,
rF N :vE > 3 5CEA 5c
LAM
2 3 4 2
4 A BURST 5EA
to
Eel K -1
a 50A
'LA 1
11A sue
as 5CC as 5R 5R
4vow 'I
3K1 Vl. *0, 58 Ty
TR X 5H 5G IF IE 5LA
5L
5CDB_l zA R G;-, C li N C; S
INP 5 D 508 50AarW
w 7 ti � f A A. 5KA 5K8 5K 12
7
11
Ti
10,
GATEWA
1GA
to 8
WEST
AD 34 FAIRGROUNDS
In $1 P-1
ADDITION
Ho y
T-m T-A R ND LOT 3
&-Ale
•
20,
C'
2 12
Ll sLK 1 A 11
D o cl"r
PL*A i
,FA S'H' w-y 2
GIBSON RESUB
ADD 141 CDONALDS KALISPELL KALISPELL 1 2
MOO c� ADD. 152
STANLEY UMBER CC. LUMBER co 12 2
A - 11 3
10 4
ADD, NO. 50 9
4 ADO. #42 pumo. 27 s9
ITHACENIlY MAP
MERIDIAN OFFICES, LTD. / TINSETH
TONE CHANGE FROM B-1, NEIGHBORHOOD BUFFER DISTRICT,
TO B-2, GENERAL COMMERCIAL - KALISPELL ZONING DISTRICT
FILE # KZC-97-2
PLOT DATE: 06/17/97
SCALE 1" = 400' H:\gis\site\KZC97-2.DWG
KALISPELL CITY -COUNTY PLANNING BOARD
AND ZONING COMMISSION
NENUT ES OF MEETING
JULY 8, 1997
Master Plan Update There was a work session to work on the master plan update at 5:30
p.m. prior to the regular meeting.
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND ROLL CALL Board and Zoning Commission was called to order at 6:07 p.m. by Vice
President Kennedy. Board members present were Robert Sanders,
Walter Bahr, Milt Carlson, Robert Lopp, Joe Brenneman, Jean Johnson,
Mike Conner, and Pam Kennedy. Therese Hash was absent (excused).
The Flathead Regional Development Office was represented by Steve
Kountz, Senior Planner and Narda Wilson, Senior Planner. There were
12 people in attendance.
APPROVAL OF The minutes of the meeting of June 10, 1997 were approved as written
MINUTES on a motion by Bahr, second by Brenneman. All members voted aye.
MERIDIAN The first public hearing was announced on a request by Meridian Offices,
OFFICES, LTD & Ltd., and Leslie J. and Patricia Tinseth for a zone change from B-1, a
TINSETH / ZONE Neighborhood Buffer District, to B-2, a General Commercial zoning
CHANGE / FROM district. The properties proposed for rezoning contain approximately
B-1 TO B-2 2.13 acres and are located between Meridian Road and Glenwood Drive
approximately 800 feet north of Two Mile Drive, and can be described as
the east 315 feet of Assessor's Tract 5CF, Quirk's Addition No. 46, and
,.tfie east 125 feet of Assessor's Tract 5CE in Section 12, Township 28
'North, Range 22 West, P.M.M., Flathead County.
Staff Report Wilson presented an overview of the application as set forth in report
#KZC-97-2. Based on the findings staff recommended the zone change
from B-1 to B-2 be approved.
Public Hearing The public hearing was opened to proponents of the zone change.
In Favor Mike Fraser, a tenant in the building, as well as a property owner, spoke
in favor of the zone change. The B-2 request provides more flexibility
for signage. The building is occupied, and the tenants want more
exposure which is provided under the B-2 zoning. it is in general
character with the existing development and is in conformance with the
neighborhood plan. Because it is already developed, we don't anticipate
any impacts or increase in use of services.
r
No one else spoke either in favor or in opposition to the zone change
request. The public hearing was closed and opened to Board discussion.
Board Discussion Wilson was asked to compare the signage differences between the B-1
and B-2 zones. There is a significant difference. The Board discussed
the potential signage that could be utilized for this property.
Motion Bahr moved to adopt staff report #KZC-97-2 as findings of fact, and
forward a recommendation to City Council to grant the zone change
from B-1 to B-2. Sanders seconded. On a roll call vote, the motion
carried 8-0 in favor.
MILLSPAUGH The next public hearing was introduced on a request by Nels and Virginia
ZONE CHANGE / M iillspaugh for a zone change from SAG-10 a Suburban Agricultural
FROM SAG-10 TO zoning district which requires a ten acre minimum lot size, to SAG-5, a
SAG-5 Suburban Agricultural zoning district which requires a five acre minimum
lot size. The property proposed for rezoning is in the Lower Side Zoning
District and contains approximately 10.20 acres. It is located west of
Wapiti Acres Subdivision, west of Airport Road approximately 1,000
feet between Rocky Cliff Drive and Cemetery Road. The property can
be described as an approximate 10.20 acre portion of Amended Lot 13 of
Wapiti Acres Subdivision located in Section 31, Township 28 North,
Range 21 West, P.M.M., Flathead County.`
Staff Report
2