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05. Ordinance 1266 - Meridian Offices Ltd Zone Change - 2nd ReadingAgenda -August 4, 1997 AGENDA ITEM 5 - ORDINANCE 1266-MERIDIAN OFFICES LIMITED ZONE CHANGE FROM B-1 TO B-2 BACKGROUND/CONSIDERATION: This is the 2nd reading of this zone change recommended by the Planning and Zoning Board. This will complete Council action on this item. RECOMMENDATION: As previously recommended by the Zoning Board, I concur with the change from B-1 to B-2. ACTION REQUIRED: Completion of the 2Ad reading will place the zone change in effect. 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 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.: 7\wp\ord\tinseth July 15, 1997 1 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. 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\tin9eth July 15, 1997 2 density of the area would not be significantly changed with the proposed B-2 zoning on this property. r 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. Does the Requested Zone Cave 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. 101 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: SECTION 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. SE=ON 11, 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. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council j\wp\ord\tinseth July 15, 1997 4 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, pell 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 • M mt 'Ir R • 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 ME-IDMERIDL&N OFFICES,a PATRICIA REQUEST# FROM REGIONALFLATHEAD DEVELOPN=ff OFFICE STAFF REPORT #KZC-97-2 ., 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. Sine: 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 13-1 and the proposed B-2 zoning districts. F. Existing Land Use: These lots currently accommodate office buildings. G. Adjacent Land Uses and Zoning: North: Office, B-2 zoning East: Undeveloped, 13-1 zoning South: Undeveloped, 13-1 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. 1. Utilities and Public Services: Sewer: Water: Refuse: Electricity: Telephone: Schools: Fire: r Police, City of Kalispell City of Kalispell ,pity of Kalispell Pacific Power and Light PTI service area School District #5 City of Kalispell City of Kalispell J. Relation to zoning requirements: ! � ••: aa. _ ,i t• .a_ •ems � • •• • : r • • �• ..• t • a t • • • • • s • a • :• • •wf •,• _ - on of ffINty ProoextX Owners :•r,. 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 writ* of the staff report, 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. 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 Public 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 Zive 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 -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.. I the requested z• • C : the most : !J*1d• of • • throu.Shout• ' • ■ • v g The neighbogrowplan designates a" area for commercial develoipjaAW The zoning in the area and the requesiedIzoningconsistent with t• t + use designation. The zorung is usect as a'tool to implement the master plan1hereby encouraging the most appropriate use of land -throughout the P 1--nins- • ■a• is 4 The ) ! 4 ■..s.� proposed for s/ • + : : 1 r:r• . would allow �he property owners additiqt* - more RmlmMty in the tiumber of,usm,��citwouX-beaUow,6d-in-'B-2--As=toE�-1. The net Wect of iffis zone change would have i;minhxial 14 the area and for the proper es proposed rezmiin& y t } A 12 9 4 5 16 12 cic 31 AMPH 0 11 J1 4A 21 4 3 R-1 12 tt 5PA! 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