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Staff Report/Annexation & ZoningTri-City Planningice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com PORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT G.R. Kirk Company - Annexation and Initial Zoning Upon Annexation of B-2, General Business - South of Meridian Court MEETING DATE: July 7, 2003 BACKGROUND: The developer has petitioned annexation and initial zoning classification of B-2, General Business. The property is in the County zoning jurisdiction and is zoned County R-1, a Suburban Residential district. A six -lot commercial subdivision has been filed concurrently with this annexation request. The property proposed for annexation and initial zoning is located west of Meridian Road between Meridian Court and Second Street West and east of the Burlington Northern railroad tracks. Currently this property is in the West Side Zoning District and is zoned County R-1, a Suburban Residential zoning district which has a one acre minimum lot size requirement for newly created lots and is residential in nature. The General Business zoning district allows a wide variety of general commercial, retail, and office type uses as well as multi -family dwellings as permitted uses: The area proposed for annexation and initial zoning contains approximately 3.6 acres and the property is currently undeveloped. The character of the immediate area is an area in transition from a more traditional residential area on the fringes of urban Kalispell to part of the commercial area of the west side. This area has typically accommodated a mix of uses from the Stillwater Forest Products to the west as well as residential and commercial uses to the north. Over the years, the area has tended to become more commercial in nature as the city continues to grow. a combination of residential in transition, general commercial and some light industrial. The properties to the north along Meridian Court are in the process of being developed commercially. The properties to the south along Second Street West are generally residential with some non -conforming commercial uses. The area can be described as being in an area of transition. City water and sewer are located in the Meridian Court right-of-way to the north, which will be extended to the south within the new roadway right-of-way through the property. There is no public storm sewer system in the area available to serve this property, therefore an engineered storm water management plan would be developed which uses on site retention methods at the time the properties are developed. Fire, police, ambulance and city administrative services will be provided as part of the City services to these properties. A public hearing was held before the Kalispell City Planning Board on June 10, 2003 regarding this matter. There was some opposition from the property owners to the Providing Community Planning Assistance To: City of Kalispell • City of Whitefish • City of Columbia Falls Jerry and LaVerne Scott - Annexation and Initial Zoning June 18, 2003 Page 2 south regarding the proposed zoning because of potential impacts of the potential uses on the residences in the area. A motion was made and passed unanimously by the Kalispell Planning Board to forward a recommendation to the Kalispell City Council that initial zoning for this property should be B-1, Neighborhood Buffer District, upon annexation to the city. RECOMMENDATION: A motion to adopt the first reading of the ordinance for B-1 zoning upon annexation would be in order. FISCAL EFFECTS: Minor impacts related to the provision of services. ALTERNATIVES: As suggested by the city council. Respectfully submitted, f ' Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 18, 2003 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KA-03-12 and application materials Draft minutes from 6/ 10/03 planning board meeting REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED •N 13, TOWNSHIP 28 NORTH, FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS KIRK ADDITION NO. 332; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING WHEREAS, the City of Kalispell has received a petition from G.R. Kirk Co., the owner of property located west of Meridian Road between Meridian Court and Second Street West, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on G.R. Kirk Co.'s Annexation Request, #KA-03-12, dated June 2, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City B-1, General Business, upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Kirk Addition No. 332. SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF JULY, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Tract A of Lot 11, Tract A of Lot 12, Lot 13 excepting the East 188.1 feet, Lot 14 excepting the East 188.1 feet and Lot 15 excepting the East 188.1 feet of Hollister's Meridian Tracts and Lot 13, Block 1 of Meridian Addition all in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County. • 101013BE F.111203 k"i 11 ler.119191 a CINAUJA0MIXWV 1119WAVAI)PAI)1 • • ! REAL PROPERTY DESCRIBED AS KIRK ADDITION NO. 332 AND FURTHE DESCRIBED ON • 1 IN SECTIONTOWNSHIP 28 NORT RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONE COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY B-1 (NEIGHBORHOOD BUFF II; •' 1 '! 1 1 t TO PROVIDE AN EFFECTIVE DATE. WHEREAS, G.R. Kirk Co., the owner of the property described on Exhibit "A", petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-2, General Business, upon annexation, and WHEREAS, the property is located west of Meridian Road between Meridian Court and Second Street West, and WHEREAS, the petition of G.R. Kirk Co. was the subject of a report compiled by the Tri-City Planning Office, #KA-03-12, dated June 2, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business, as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission amended the TCPO report and recommended denial of the requested zone change, and that the property as described above instead be zoned B-1, Neighborhood Buffer District, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Buffer District, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the amended findings of fact of TCPO as set forth in Report No. KA-03-12. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described on Exhibit "A" as B-1, Neighborhood Buffer District, upon annexation. 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 by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF JULY, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tract A of Lot 11, Tract A of Lot 12, Lot 13 excepting the East 188.1 feet, Lot 14 excepting the East 188.1 feet and Lot 15 excepting the East 188.1 feet of Hollister's Meridian Tracts and Lot 13, Block 1 of Meridian Addition all in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County. Tri-City Planningice 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity(acenturytel.net www.tricityplanning-mt.com June 18, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: G.R. Kirk Company - Annexation and Initial Zoning Upon Annexation of B-2, General Business - South of Meridian Court Dear Chris: The Kalispell City Planning Board met on June 10, 2003, and held a public hearing to consider a request by G.R. Kirk Company for an initial zoning designation of B-2, General Business, upon annexation to the city. The property contains approximately 3.6 acres and is currently undeveloped. The property is located west of Meridian Road between Meridian Court and Second Street West and east of the Burlington Northern railroad tracks. Currently this property is in the West Side Zoning District and is zoned County R-1, a Suburban Residential zoning district which has a one acre minimum lot size requirement for newly created lots and is residential in nature. This request for annexation and initial zoning has been filed in conjunction with a proposal for a 6-lot commercial subdivision. Narda Wilson of the Tri-City Planning Office presented staff report #KA-03-12, evaluating the proposed zoning. Staff recommended initial zoning of City B-2, General Business, based on the existing County zoning and existing commercial zoning of adjacent properties. At the public hearing three people expressed concerns with the access through Lot 13 and the request for a variance for the cul-de-sac. After the public hearing the board discussed the proposal. A motion was made and seconded 'to adopt staff report KA-03-12 as findings of fact. A motion was then made and seconded and passed on a vote of 5 in favor and one in opposition to forward a recommendation that initial zoning for this property should be B-1, Neighborhood Buffer District, upon annexation. Please schedule this matter for the July 7, 2003 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: ® City of Columbia Falls • City of Kalispell ® City of Whitefish G.R. Kirk Annexation and Initial Zoning June 18, 2003 Page 2 of 2 Sincerely Kalispell City Planning Board AeGe;sident ylor GT/ sm Attachments: Petition to annex (original) Exhibit A - legal description Staff report KA-03-12 and application materials Draft minutes 6/ 10/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: G.R. Kirk Co., 201 St. Helens Ave., Tacoma WA 98402-2519 Paul Stokes 8s Assocs., 343 First Ave. West, Kalispell MT 59901 TRANSMIT\KALISPEL\2003 \KA03-2 SubdivisionKirk Cost of Services Analysis Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Number of Dwelling Units within the Subdivision N/A Estimated Increase in Population: (based on US Census Figure of 2.2 per household) N/A Cost of Services Per capita costs ® Fire: $68.84 per person per year. Additional costs to the fire department N/A x 68.84 = unknown ® Police: $110 per resident per year. Additional costs to the police department ® Administration: $39.48. Additional cost to administration ® Solid Waste: Additional cost to solid waste Lineal Feet Costs: (400) ® Roads: $1.14 per lineal foot Additional cost in road maintenance ® Water: $3.44 per lineal foot Additional cost in water line maintenance ® Sewer: $5.50 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Square foot 157,251 ® square foot x 0.0052 Total Anticipated Cost of Services: N/A x 110.00 = N/A x 39.48 = none for five years unknown 400 x 1.14 = $ 456 400 x 3.44 = $ 1,376 400 x 5.50 = $ 2,200 157,251 x 0.0052 = $818 1 Assessments based on square footage: Square feet 157,251 ® Storm sewer assessment $0.0052 per square foot Revenue from storm sewer assessments 157,251 x 0.0052 = $ 818 ® Street maintenance assessment $0.0086 per square foot Revenue from street maintenance assessments 157,251 x 0.0086 = $1,352 ® Urban forestry assessment $0.00135 per square foot up to $150 Revenue from urban forestry assessments 157,251 x 0.00135= $ 212 Special Assessments: There are no special assessments. General revenue: ® Assessed value: $ 3,120,000 Total assessed value: $ 3,120,000 Total taxable: 3,120,000 x 0.0346 = $107,952 ® Total additional general revenue based on 152.39 mill levy: 107,952 x .15239 = $16,451 MOTE: This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS / 2003/ KA03-12CSTOFSVCS 2 zoning for this property should be B-2, General Business, on approximately 1 acre upon annexation to the City. BOARDDISCUSSION Norton asked Wilson about the proposed split of lot 10 so that Meridian Court will be extended to access the lot. Will that be the minor subdivision that will go to Council? Wilson answered that minor subdivisions do not come before the planning board, but they were showing them what it would look like. Wilson stated the Board did receive an email note from their office from Russ Heaton who stated that he has no opposition to the proposal, and that he owns a lot in Meridian Court. ROLL CALL The motion passed on a roll call vote with Hinchey voting against and Johnson being excused. KIRK INITIAL ZONING A request by G.R. Kirk for an initial zoning designation of B- UPON ANNEXATION 2, General Business, on approximately 3.6 acres located west of Meridian Road between Meridian Court and Second Street West upon annexation to the City of Kalispell. KIRK SUBDIVISION A request by G.R. Kirk for preliminary plat approval of a six PRELIMINARY PLAT lot commercial subdivision on approximately 3.6 acres. STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a # -03-12 AND P-03-7 presentation of staff report KA-03-12, a request for initial zoning upon annexation of approximately 3.6 acres located west of Meridian Road between Meridian Court and Second Street West. Wilson also gave a presentation of staff report KPP-03-7, a request for preliminary plat approval of a six -lot commercial subdivision that was filed concurrently with the annexation and initial zoning request. Wilson stated that this is the property to the south of the Scott's request and that it is 3.6 acres. She said that the Kirks and Scotts have coordinated development of their properties so that it provides an extension of Meridian Court. She said that the applicants are proposing that the City annex 3.6 acres with an initial zoning of B-2, General Business. She said that the property is currently zoned County R-2, Suburban Residential. The proposal is an extension of the existing commercial zoning to the north, which is zoned I-2 in the County to the west (Stillwater Forest Products). She stated that even further to the east we may see office uses which transition to residential uses. She said that the Growth Policy designates this area as mixed use, B-2, and that it provides opportunities for a mix of uses including multifamily and that staff recommends B-2. upon annexation. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 11 of 23 Wilson stated that there is a concurrent application for preliminary plat approval of a six lot commercial subdivision. This shows an extension of the Meridian Court roadway, down through a lot owned by the Kirks, which was purchased specifically for access. She said that if it weren't for lot 13, this property would be essentially landlocked and the roadway extension will provide a grid street system in the area and access to the lots. She said that this is a six lot commercial subdivision proposed for B-2 zoning, and that it will connect with Meridian Court and Second Street West. She stated that the lot which connects Second Street West and Meridian Court is approximately 50 by 142 feet, a standard city lot and that the new internal roadway will be extended and otherwise constructed to city standards, which will necessitate a variance from 60 feet of right of way to 50 feet of right of way for the 142 feet at the southern end of the roadway extension. She said that once the road is completed, it will be turned over to the city. She said that there is a mix of uses, including nonconforming, in the immediate area and there is a single family residence going up next door. Wilson stated that Wally Getz has the property at the north and south corners, and it is slowly being phased out. Mr. Getz is liquidating his assets and the corner has been cleaned up a bit. Wilson stated that the area is mixed uses and the B-2 zoning is not inconsistent. Wilson stated that water and sewer will be extended from Meridian Court to the southern terminus of the roadway. She stated that Lot 13 was specifically acquired to provide access to the site, there no impacts on agriculture, and the property does comply with B-2 zoning, but not the subdivision regulations, which has a minimum right of way requirement of 142 feet at the southern end of the property and will require a variance. Wilson stated that granting a variance would not be detrimental to the public heath, safety or general welfare, or injurious to adjoining properties. She said that the necessary improvements will be in place, but the roadway may need to be narrowed or a sidewalk placed on one side. She also said that parking would not be allowed on both sides of the street. Wilson said that an alternative would be a cul-de-sac, but that it would exceed cul-de-sac length limits which would require another variance. She stated that the lot is only 50 feet wide. She said there would be no substantial increase in public cost and the development does not vary any zoning standards or any standards in the growth policy. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES I No one spoke. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 12 of 23 PUBLIC COMMENT Kurt Hafferman, who is building a house adjacent to this property, stated that it is hard to find single family residential lots, and why are they entertaining opportunities to change zoning? He stated that he understands that people want to change their property, but he is primarily concerned with the secondary access through lot 13. He feels it would change the character of the existing neighborhood, create traffic in a residential neighborhood, and create a traffic hazard in the immediate neighborhood of a school. He feels that the only access should be at Meridian and Center. Hafferman stated that the access should follow and conform to the alley running behind his house, on the west side of the Meridian neighborhood. He stated that the Board can grant the variance for the longer court length, and that that is the most appropriate action. He would like the Board to deny the road access because if it goes through, his property now becomes a nonconforming corner lot and the value of his lot will be significantly affected. He stated that he would like the road placed as far to the east as possible on his property and a landscape screen added. He feels that R-4 is more consistent with the growth policy and that wetlands needs to be considered. He said that significant wildlife lives to the west and there is a storm water discharge problem. (Mr. Hafferman's letter is attached.) Jeff Hartsog said he is concerned about the Lot 13 road. Mr. Hartsog said that they get enough traffic from Meridian Road and Second Street. He would like the board to take a look at the area before they make it commercial. Nancy Kostman, 1326 Second Street West, who works at Montana Forest Products. Ms. Kostman agrees with Kurt Hafferman and is not opposed to development, but she feels that the variance to extend the cul-de-sac would be the best option. She said that the alley runs east and west, and that they should develop Lot 13 as a residential lot and use the east -west alley as an emergency exit.. No one else wished to speak and the public hearing was closed. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 13 of 23 MOTION Atkinson moved and Anderson seconded to adopt staff report KA-03-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property should be B-2, General Business, on approximately 3.6 acres upon annexation to the City. MOTION (AMENDMENT) Hull moved and Norton seconded that the property be zoned B-1. BOARD DISCUSSION Atkinson asked how wide the road is coming off of Meridian and going into Meridian Court. Wilson answered that she believes it is 32 feet and that the road would be designed with public works approval. Norton asked Wilson why the vicinity map is shaded on Lot 13 and if they were changing the zoning from R-4 to B-2. Wilson stated that Lot 13 is already in the City, and it is a mistake on the annexation map. Norton also asked Wilson why the staff is recommending B-2 zoning instead of B-1 zoning. Wilson replied that B-1 zoning now provides residential uses and perhaps it would be appropriate to consider now and that it would be an option. She stated that based on prior conversations and expectations of the developer, the board should still consider B-2 zoning, even though the B-1 is now appropriate. Hull stated that he feels B-1 would be friendlier to the neighborhood and would probably not create as much traffic. Norton agreed with Hull, and feels this is a prime case where we need to use a buffer. The board should apply B-1 zoning in this case. ROLL CALL (AMENDMENT) The amended motion carried by a vote of 5-1, with Atkinson voting against. MOTION Atkinson moved and Anderson seconded to adopt staff report #KPP-03-7 as findings of fact and approve the Kirk Subdivision Preliminary Plat subject to the 8 conditions. BOARD DISCUSSION Wilson mentioned that two letters were received regarding this subdivision. Wilson stated that landscape screening is a requirement, and that an amendment to the conditions should be made. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 14 of 23 Atkinson clarified that the road through Lot 13 should be denied and that grid access is preferable. He does not feel that the traffic would be as effected by this road and that it is important for fire safety. He recommended denial of the amendment. Hull stated that he feels the road is in the wrong place and that it should not come out beside the neighbors. Horton agreed with Atkinson on some points and Hull on others. He feels that a compromise can be reached and that the road can be shifted more towards the east boundary line, toward the houses. He feels there would be minimal impact to Lot 14. Taylor asked why the road was placed there in the first place. Wilson stated that a condition should be placed on the plat that the developer coordinate with public works that the road is shifted as far east as practicable to reduce impacts to the residence to the west. She said that there is no alternate location, and that all properties on Second Street West are owned by another party. She said that an alternative would be to grant a variance to the length of the cul-de-sac with another access in the alley, but that would not be a staff recommendation. MOTION (AMENDMENT) Hull moved and Norton seconded that the road through Lot 13 be denied. ROLL CALL The amended motion to deny the road through Lot 13 failed on a 2-4 vote. MOTION (AMENDMENT) Norton moved and Atkinson seconded to make the last 142 feet of the roadway be coordinated with the public works department and the developer to create the least impact to Lot 14 by pushing it to the east. ROLL CALL (AMENDMENT) The motion carried on a roll call vote with Hull voting against. MOTION (AMENDMENT) Atkinson moved and Anderson seconded adding a Condition 10 that screening be placed on the southern boundary of the subdivision to screen the businesses from the residential area. BOARD DISCUSSION Norton asked if the developer would be responsible for the screening. Wilson stated that he is and that options are available and that they could use landscaping or fencing, and that standards for landscaping are that they are at least three feet tall when planted and at least six feet tall in three years. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 15 of 23 ROLL CALL (AMENDMENT) The motion passed unanimously on a roll call vote. MOTION (AMENDMENT) Hull moved and Norton seconded granting the variance for the last 142 feet of roadway. ROLL CALL (AMENDMENT) The motion passed on a roll call vote by a vote of 4-2. MAIN MOTION The main motion passed unanimously on a roll call vote. RICE CONDITIONAL USE A request by William C. Rice, for Ron and Merna Terry, for a PERMIT REQUEST conditional use permit to construct two tri-plex units on one acre in an RA-1 zoning district located on the west side of Fifth Avenue East, north of the Birchwood Apartments. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a ICU-03-1 presentation of staff report KCU-03-1, a request for a conditional use permit to construct two tri-plex units on one acre in an RA-1 zoning district. Wilson stated that the properties proposed for the duplexes are farthest to the east, and that the west half is proposed for B-2 zoning, combined with existing B-2 property to the north. Wilson said that the triplexes are proposed on the east half of the property on 5th Avenue East and has approximately 19,000 square feet, currently just over 1 acre. She said that the parcel would be created by a boundary line adjustment, and is proposed for two triplex units. It is currently zoned RA-1, which lists multi -family dwellings as conditionally permitted use. Wilson said that the existing single family residence would be removed for the tri-plexes. The tri-plexes would be approximately 35 feet wide and 60 feet long, with the building being two stories, and placed face to face. The elevation would be 28 feet in height. She stated the RA-1 zoning allows a density of one dwelling per 3000 square feet, with a minimum lot size of 6000 square feet for the first duplex, and 3000 square feet for each additional dwelling beyond a duplex, so these would have a total of 18,000 square feet. She said they are within the density limits. Wilson stated that the surrounding zoning is single family to the north zoned R-1, east is also R-1, south are Birchwood Apartments, also R-1, west is vacant and Outlaw Inn and zoned B-2. She said that the Growth Policy recognizes the area as high density residential, perhaps with some limited office uses. The tri-plexes comply with the Growth Policy designation by adding additional housing options within the community. Wilson also said that the CUP looks at adequate usable space, and that it does comply with density Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 16 of 23 CO.G.R. KIRK REQUEST FOR INITIAL ZONING OF P• • PLANNING OFFICE REPORTSTAFF •r A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of B-2 upon annexation to the city. A public hearing has been scheduled before the planning board for June 10, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The developer has petitioned annexation and initial zoning classification of B-2, General Business. The property is in the County zoning jurisdiction and is zoned County R-1, a Suburban Residential district. This property will be annexed under the provisions of Sections 7-2- 4601 through 7-2-4610, M.C.A., Annexation by Petition. A six -lot commercial subdivision has been filed concurrently with this annexation request. A. Petitioner and Owners: G.R. Kirk Co. 201 Saint Helens Avenue Tacoma, WA 98402-2519 (253) 627-2133 Paul J. Stokes &s Associates, Inc. 343 First Ave West Kalispell, MT 59901 (406) 755-8707 B. Location and Legal Description of Property: The property proposed for annexation and initial zoning is located west of Meridian Road between Meridian Court and Second Street West and east of the Burlington Northern railroad tracks. The properties proposed for annexation can be described as Lots 11A, 12A and the west portion of Lots 13, 14 and 15 of Hollister's Meridian Tracts and Lot 13, Block 1 Meridian Addition in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing zoning: Currently this property is in the West Side Zoning District and is zoned County R-1, a Suburban Residential zoning district which has a one acre minimum lot size requirement for newly created lots and is residential in nature. D. Proposed Zoning: The property owners are requesting City B-2 zoning, a General Business zoning district, which allows a wide variety of general commercial, retail, and office type uses as well as multi -family dwellings as permitted uses. 1 E. Size: The area proposed for annexation and initial zoning contains approximately 3.6 acres. F. Existing Land Use: This property is currently undeveloped. G. Adjacent Land Uses and Zoning: The character of the immediate area is an area in transition from a more traditional residential area on the fringes of urban Kalispell to part of the commercial area of the west side. This area has typically accommodated a mix of uses from the Stillwater Forest Products to the west as well as residential and commercial uses to the north. Over the years, the area has tended to become more commercial in nature as the city continues to grow. North: Undeveloped, (proposed) City B-2 zoning South: Residences and limited commercial uses, City R-4 zoning East: Residences, County R-4 zoning West: Railroad tracks, County I-2 zoning H. General Land Use Character: The general land use character of the area is a combination of residential in transition, general commercial and some light industrial. The properties to the north along Meridian Court are in the process of being developed commercially. The properties to the south along Second Street West are generally residential with some non -conforming commercial uses. The area can be described as being in an area of transition. I. Availability of Public Services: City water and sewer are located in the Meridian Court right-of-way to the north, which will be extended to the south within the new roadway right-of-way through the property. There is no public storm sewer system in the area available to serve this property, therefore an engineered storm water management plan would be developed which uses on site retention methods at the time the properties are developed. Fire, police, ambulance and city administrative services will be provided as part of the City services to these properties. 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. �•- •' '�It '• ••- •u. .i • •' ll. ' .• This property is within the potential utility service area for the City of Kalispell and the Kalispell City Growth Policy anticipates this area as a Mixed Use area anticipating residential, office and limited commercial uses. The proposed zoning would be a continuation of the commercial designation on the properties to the north. The proposed B-2 zoning district can be considered to O be in general compliance with the growth policy for this area and furthers the goals and policies of the document by expansion of existing and adjacent commercial areas. Rezoning this property may result in additional traffic generated from the property especially once the property is more fully developed. Primary access' to the site is off of Meridian Court, a City street, which will extended to the south to connect with Second Street West, providing a grid street system in the area. An increase in traffic will result from the requested commercial zoning designation in that it will allow more intensive commercial and residential uses on the property but additional infrastructure will be developed to accommodate the increased intensity of uses. There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services are adequate. Because this annexation will enable the property owners to connect to public sewer and develop these properties with full public services, the public health and welfare of the community will be served by encouraging compact commercial development within established and growing commercial areas. The proposed commercial zoning designation and allowed uses would be subject to the development standards of the B-2 district which help to insure that there is adequate light and air by using building height restrictions and setbacks as well as landscaping and parking requirements. Conditionally permitted uses that might be allowed will have special conditions required for the development. The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the growth policy. The requested zone will prevent the overcrowding of land. No significant increase in the population in the area will result under the proposed zoning. Designating these properties for commercial development will allow for the expansion of the west side business areas of Kalispell under this zoning. The lot size requirements for the district avoid the undue concentration of people in the area. 3 Public service, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. The proposed zoning is consistent with the zoning in the surrounding area, uses in the area and anticipated growth patterns. The proposed zoning is consistent with the growth policy future land use designation map designation. The requested zone gives appropriate consideration for the suitability of this area for the uses in the B-2 zone. OWTUD ME0030=25.�� The general character of the area is in a transition from residential to commercial. The anticipated uses on the property will be commercial and will be consistent and compatible with other uses in the area. The requested zone gives reasonable consideration to the character of the area. Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. The most appropriate use of land throughout the jurisdiction appears to be commercial that would allow a mix of uses. This is generally consistent with thee type of development anticipated by the Kalispell Growth Policy for the area. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-03-12 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning for this property should be B-2, General Business, upon annexation. M April 22, 2003 Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana 59901 Dear Planning Office, MA Y > 2903 TR1-CITY PLANNING OFFIC-7 I own a lot at 1325 Second Street West. I am currently building a new house on that lot. I purchased the lot in November of 1998 and I started building the house in September of 2002. On Wednesday, April 16, 2003 1 was working on the house when two surveyors started surveying the lot to the east and the vacant lot to the north. While helping them locate the pins on my property they stated that they were doing a lot and topographic survey for a developer, Kirk (sp) Development and that they intended to develop the property as commercial subdivision. They stated that they were surveying the vacant lot adjacent to mine as an access road for the subdivision. The lots on my block are in an R-4 Zone which includes the lot that was being surveyed as an access road. It was my understanding when I purchased the lot that the subdivision to the north was plotted on the City maps an R-4 Zone. As I had, not aware of any public notification nor had I received a notice from your office or had been contacted by the property owner prior to the surveyors, I was not aware that a change in use was planned for this lot. I wanted to use this letter to first tell you that I have built a home on my lot and to be sure that'you have my correct mailing address in the event that a change in use is planned for the property. I do not have an objection to the property owners plans for the change in use as I believe in their property rights but I am also, as I am sure they are, protective of my property rights. But, I am concerned about the over all effects to an existing residential neighborhood from the access road and from the adjoining of commercial to residential zoning. I applied for my building permit on lots that were required to have a 5-foot set back from the property line, which I built to. If the lot to the east is used as an access road, it will in effect make my home a corner lot. I believe this will create at least three Kalispell Subdivision Regulation Design Standards problems that I would like to see addressed in any planning. 1. In an R-4 Zone, it is my understanding that a corner lot requires a 15 ft. set back which I did not accommodate for. I have already completed my construction. Making the lot to the east a road will make my lot a non-standard corner lot. 2. City of Kalispell Subdivision Regulations, page 24, 3.07 Blocks, (B.) it states "Block lengths shall be not less than 300 feet..." If the an access road is placed on this lot, the block length from the west boundary of the road lot to the railroad right -of way, would be less than 180 ft, making a block that does not conform to the minimum block length standard. 3. My garage will limit the sight distance to the west. There will be trucks going through the Montana Forest Products gates and local traffic using the street to access the four-way stop at Peterson School. 2"d Street West is a street that will require adequate sight distance to the east and west. In addition, City of Kalispell Subdivision Regulations, page 24, 3.06 Lots, (J.) states that "A planting screen of a minimum width of 10 feet, across .........shall be provided along the line of ...other disadvantageous situations, or non -compatible use..." I would offer that adjoining residential neighborhoods to a commercial subdivision would constitute a disadvantageous situation by placing two non -compatible uses adjacent and I would request that you require a planting screen easement. There are also aesthetic concerns that I am asking for consideration on if the road is allowed. If the road is placed on the lot, two of my bedroom windows will now face a street. As one mitigation measure, if the road is placed to the farthest east side of the lot, a standard 24 ft. road can be installed with room for any utility trenches or sidewalks on the west side. This would allow the least impact to my lot. Also, the property to the east of the access road lot has been a commercial use for over thirty years. There is of a lot on the west side of that property that is vacant that might be considered in the road location. An easement could be obtained and the road further located to the east. Also, if a road were allowed, I would support the planning office allowing the developer to install a narrower road that would be designated as an emergency access road only. It is my sincere concern that if these issues are not addressed and I am made into a non-standard corner lot, and I, and my neighbors, are adjoined to a commercial subdivision without mitigated measures, that it will affect the future sale of the properties. It also my concern that having the lot changed to an access road will directly effect the residential character of the block. Recently I, and a neighbor to the south, have been able to purchase these lots and are attempting to construct affordable housing in a residential neighborhood. We feel that the Tri-City Planning Office would support affordable, residential development within the City limits and would agree that allowing an access road to a commercial subdivision will affect that character and discourage other residential development. I would request that the planning office develop a City Site Review Committee to do a site visit. I would request that the Tri-City planning office work with the developer to locate a more reasonable secondary access road than one into a residential neighborhood. If the road is allowed I would request that my concerns as a non-standard corner lot be addressed and that the road be allowed to be less than standard road width for emergency access only and located to the east most side of the lot or partially on the adjacent vacant lot. I would request that the planning office require a planting screen on the entire south border of the property I would appreciate a written response acknowledging receipt of the letter and providing me with any information that you have on this proposed subdivision. Thank you for your time in addressing my concerns and I look forward to working with the Tri-City planning office on this issue Respectfully, Ku nd Kat afferman Cc: Kalispell Building Department Kalispell Public Works Department June 8, 2003 JUN 1_C' 1 PL ' Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Mt 59901 To Whom It May Concern: I received a certified letter concerning the proposed zoning change for the Hollister's Meridian Tracts from R-1 to B-2. Because I will be out of town when the meeting takes place, I am writing this letter to show my opposition of the change in zoning for Lot 13 and the Hollister's Meridian Tracts. When G. R. Kirk Company purchased those lots he knew that they were R-1, because he had been previously using them for a Christmas tree lot. He used them many years before purchasing them. He also purchased an access lot, which is Lot 13 on Second Street West. This lot is between Black Industrial and a new home being built by Curt Hafferman. This access lot would be used as a street to get to the Hollister's Meridian Tracts. It would be a street in the middle of the block between a business and a new home being constructed. When people purchase a residential lot to build a home that is what they expect to happen. The Board of Adjustments granted a variance for Mr. Slama to put a commercial building on Second St. W. That building is where Black Industrial is now. My husband and I opposed this variance at the time and I am still having the same problem. G. R. Kirk Company wants a B-2 zoning change, but doesn't know what will go on those lots. It is difficult to okay something that you don't have any idea what it will be. The access lot is not feasible as street fifty feet wide. I am not in favor of using Lot 13 as an access road to the G. R. Kirk Company property. This lot should remain residential because of the new home being built next to it and the other residential homes nearby. Sincer ly, J Irene Houston Jeff Hartsoch 1334 2nd Street West Kalispell, MT 59901 June 10, 2003 To Whom It May Concern: My name is Jeff Hartsoch and I live at 1334 2nd Street West, Kalispell. Let me start off by saying I don't oppose the land being zoned commercial or multi -family. I do however, oppose a road coming from the developed land onto Second Street West. We recently bought a new home on Second Street West because of the quite residential neighborhood and quite street for our children. We have three young children and are concerned about the traffic that would be created on Second Street because of the road from the development. Another concern is the traffic load with Peterson School. I believe the road would create too much traffic for the children. 1 feel the road they already have for the commercial properties off of Center Street and Meridian would be an adequate road for the proposed zoning change and would not interfere with the safety of our children as well as our neighbor's and the schools. Sincerle;1141 29�Fwaa��A Jeff Hartsoch Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, Nff 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 l• • • F CITY OF KA-LISPELL NAME OF APPLICANT: G.R_ Kirk CO MAIL ADDRESS: 201 SAINT HELENS AVENUE CITY/STATE/ZIP: Tacoma, WA 98402-2519 PHONE: (253)-627-2133 INTEREST IN PROPERTY: Owner Other Parties of Interest to be Notified: PARTIES OF INTEREST: Paul J. Stokes & Assoc. Inc. MAIL ADDRESS: 343 1'Avenue West CITY/STATE/ZIP: Kalispell, MT 59901 PHONE:_(406)-755-8707 INTEREST IN PROPERTY: Technical advise Address of the property: Meridian Road Legal Description: LOTS I IA 12A 13A 14 AND 15 IN HOLLISTER'S MERIDIAN SUBDIVISION AND LOT 13 IN MERIDIAN ADDITION (Lot and Block of Subdivision; Tract #} SECTION 13 T.28N., R.22W., P.M. M. FLATHEAD COUNTY. MONTANA (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: WEST SIDE The proposed zoning of the above property is: Kalispell B-2 State the changed or changing conditions that make the proposed amendment necessary: Annexation is required for the availability of public sewer and water. The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Tri-City Planning staff to be present on the property for routine inspection during the annexation process. � G (Applicant} (Date) ► i PROCESS 1. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: compliance with the master plan, compatibility of proposed zoning with surrounding zoning classifications and the application procedure. 2. Completed application form. 3. Completed Petition to Annex form including an Exhibit A, legal description of the property. 4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. Fee Schedule: Residential (1 acre or less) no fee All other annexations: 1 — 40 acres = $ I 00 + $10/acre over 40 acres add $5/acre 6. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. 1) PETITION NO.: PETITION TO ANNEX. AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersi°med hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the jo j'fJj1141j Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; aiid that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. Petitioner/Owner Date Petitioner/Owner Date Please return this petition to: Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell MT 59901 Note: Exhibit A (Iegal description) must be attached for the petition to be valid. STATE 0 Et._ " NA } ss County of Flathead County On this / day of , , before me, the undersigned, a Notary Public for the State of Montana, personally geared p&Qi L te,/7a !L known to me to be the person whose narV is subscribe to the foregoing instrument and acknowledged to me that helshe executed the same. Its i WITNESS WHEREOF, I have hereunto set my hand and axed my Notgry Seal the day and year in this certificate first above written. Notary Public, State o ' Residing at My Commission expires: 4 STATE OF MONTANA } ss County of Flathead County On this day of , , before me,.the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above. written. Notary Public, State of Montana Residing at My Commission expires: STATE OF MONTANA } ss County of Flathead On this day of , before me, the undersigned, a Notary Public for The State of Montana, personally appeared and the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires .. �> _;aily lnfr Like; SuMay 25, 2003 The Daily Inter Lake, Sunday, May 25, 2003 — E3 as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as As- sessor's Tract 3 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County; Montana. 2. A request by Wayne Turner for preliminary plat approval of Empire Estates, a 347 lot single family and duplex town- house subdivision locat- ed on the northeast cor- ner of Three Mile Drive and Stillwater Road'. This plat would create lots intended for duplex - townhouse development on the. perimeter of the site and single family lots on the interior of the site. The subdivision would be developed in. accordance with City of Kalispell's design and construction standards. The preliminary plat is being submitted in con- junction with the annex- ation of the property and designation of initial zoning of R-4, Two Family Residential. The property can be descri- bed as Assessor's Tract 3 located in Section 1, Township 28 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. 3. A request by Jerry and Laverne Scott for an initial zoning desig= nation of B-2, General Business, upon annexa- tion to the city of Kalis- pell on approximately one acre of property lo- cated west of Meridian Road between Meridian Court and Second Street West. The prop- erty is currently in the County zoning jurisdicr tion and is zoned R-1, Residential. The B-2 zoning designation an- ticipates commercial de- velopment. No develop- ment proposal has been presented at this time but a minor subdivision has been filed in con- junction with the annex- ation request to create two commercial lots on the east and west sides of the extension of Meri- dian Court. The proper- ty proposed for annexa- tion and zoning can be described as Lot 10 and 11 B of Hollister's Meridi- an Tracts and Lot 13 of Block 1 Meridian Addi- tion in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 4. A request by G.R; Kirk Co. for an initial zoning designation of B- 2, General Business upon annexation to the city of Kalispell on ap- proximately 3.6 acres of property located west of Meridian Road between Meridian Court and Sec- ond Street West. The property is currently in the County zoning juris- diction and is zoned R- 1, Residential. The B-2 zoning designation an- ticipates commercial and multi -family devel- opment. No develop- ment proposal has been presented at this time but a 6 lot commercial subdivision has. been filed in conjunction with this application as de.- scribed immediately be-. low. The property pro- posed for annexation and zoning can be de- scribed as Lots 11A-; 12A, and the west por- tion of Lots 13, 14 and 15 of Hollister's Meridi- an Tracts and Lot 13 of Block 1 Meridian Addi- tion in Section 13, Township 28 North,. Range 22 West, P.M.M., Flathead Coun- ty, Montana. 5. A request by G.R: Kirk Co. for preliminary plat approval of Kirk Subdivision, a six lot commercial subdivision located west of Meridian Road between Meridian Court and Second Street West. This plat would extend Meridian Court to connect with Second Street West creating a new through roadway with parcels on the east and west sides of the road. The proper- ty contains approxi- mately 3.6 acres. All subdivision lots would be served by public sewer and water, a new City street and would be developed in accord- ance with City of Kalis- pell standards. The pre- liminary plat is being submitted in conjunction with the annexation of the property and desig- nation of initial zoning of B-2, General Business. The property can be de- scribed as Lots 11A, 12A, and the west por- tion of Lots 13, 14 and 15 of Hollister's Meridi- an Tracts and Lot 13 of Block 1 Meridian Addi- tion in Section 13, Township 28 North, Range 22 West; P.M.M., Flathead Coun- ty, Montana. 6. A request by Ron and Merna Terry for a conditional use permit to allow the construction of two triplexes on proper- ty zoned RA-1, Low Density Residential Apartment, located on the west side of Fifth ;. Avenue East, north of:.; 18th Street approxi- mately 600 feet. The-_J single family home to-,.,t cated at 1605 Fifth Ave :=r East would be removed'# and the triplexes con - structed in its place.- I The property can be de- z scribed as approximate- 'f ly the east half of As-'1,_; sessor's Tract 5-5 locat- ed in Section 17, Town-. ship 28 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request by Wil-14 liam C. Rice for a change in zoning desig= nation from RA-1, Low.::'- Density Residential --fin Apartment, to B-2, Gene::= era] Business, on ap ;I, proximately proximately one half -,,a acre of property located =Y on the west side of Fifth;'` Avenue East, north of:;"" 18th Street East approx- imately 600 feet. The-.' purpose of the change_'~ in zoning is to accom modate the construction( j of mini -storage units tq-=. be located on this prop -1-37 erty and the property.= adjoining it to the north The mini -storage facili , ties are subject to -ate; conditional use permit 9 and will be considered in conjunction with this" request for a change ips;� zoning. The properly; proposed for the zone ; change can be descri- bed as the approximate r ]y west half of Asses-- sor's Tract 5-5 located' in Section 17, Township: 28 North, Range 21 West, P.M.M., Flathead:-,' County, Montana. 8. A request by Wit liam C. Rice for a condi=1 ; tiona] use permit to al-,i low the construction of a mini -storage facility on property located on ap- proximately one and' one-half acres of prop- erty located on the west side of Fifth Avenue: East, north of 18th Street East approxi- mately 600 feet. Ap- proximately one acre ofs the property is currently zoned B-2, General Business, which list mini -storage facilities as, a conditionally permitted: use. In conjunction with this request is a propos- al to change the zoning, on approximately one half acre on the south end of this property from- RA-1, Low Density Res- idential Apartment, to B- 2, General Business, for the purpose of accom- modating a portion of the mini -storage units. The property proposed for the mini -storage fa- cilities can be described' k SecondTri-City Planning Office 17 Street East -Suite 2 11 Kalispell, Montana 59901 You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF t N The regular meeting of -the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 10, 2003 beginning at 7:00 PM in the Kalispell. City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Wayne Turner for an initial zoning designation of R-4, Two Family residential upon annexation to the city of Kalispell on approximately 67 acres located at the northeast corner of Three Mile Drive and Stillwater Road. This zoning designation anticipates single. family and duplex or townhouse dwellings. The property is currently in the County zoning jurisdiction and is zoned R-2, Residential. A preliminary plat for 347 lots as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as Assessor's Tract 3 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request by Wayne Turner for preliminary plat approval of Empire Estates, a 347 lot single family and duplex townhouse subdivision located on the northeast corner of Three Mile Drive and Stillwater Road. This plat would create lots intended for duplex townhouse development on the perimeter of the site and single family lots on the interior of the site. The subdivision would be developed in accordance with City of Kalispell's design and construction standards. The preliminary plat is being submitted. in conjunction with the annexation of the property and designation of initial zoning of R-4, Two Family Residential. The property can be described as Assessor's Tract 3 located in Section 1, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Jerry and LaVerne Scott for an initial zoning designation of B-2, General Business, upon annexation to the city of Kalispell on approximately one acre of property located west of Meridian Road between Meridian Court and Second Street West. The property is currently in the County zoning jurisdiction and is zoned R-1, Residential. The B-2 zoning designation anticipates commercial development. No development proposal has been presented at this time but a minor subdivision has been filed in conjunction with the annexation request to create two commercial lots on the east and west sides of the extension of Meridian Providing.... Planning Court. The property proposed for annexation and zoning can be described as Lot 10 and 1 IB of Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition in Section 13, Township 28 North., Range 22 West, P.M.M., Flathead County, Montana. 4. A request by G.R_ Kirk Co. for an initial zoning designation of B-2, General Business upon annexation to the city of Kalispell on approximately 3.6 acres of property located west of Meridian Road between Meridian Court and Second Street West. The property is currently in the County zoning jurisdiction and is zoned R-1, Residential. The B-2 zoning designation anticipates commercial.. and multi -family development. No development proposal has been presented at this time but a 6 lot commercial subdivision has been filed in conjunction with this application as described immediately below. The property proposed for annexation and zoning can be described as Lots 11A, 12A and the west portion of Lots 13, 14 and 15 of Hollister's Meridian Tracts and Lot 13 of. Block 1 Meridian Addition in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 5. A request by G.R. Kirk Co. for preliminary plat approval of Kirk Subdivision, a six lot commercial subdivision located west of Meridian Road between Meridian Court and Second Street West. This plat would extend Meridian Court to connect with Second Street West creating a new through roadway with parcels on the east and west sides of the road. The property contains approximately 3.6 acres. All subdivision lots would be served by public sewer and water, a new City street and would be developed in accordance with City of Kalispell standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning of B-2, General Business. The property can be described as Lots IIA, 12A and the west portion of Lots 13, 14 and 15 of Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 6. A request by Ron and Merna Terry for a conditional use permit to allow the construction of' two triplexes on property zoned RA-1, Low Density Residential Apartment, located on the west side of Fifth Avenue East, north of 18th Street approximately 600 feet. The single family home located at 1605 Fifth Ave East would be removed and the triplexes constructed in its place. The property can be described as approximately the east half of Assessor's Tract 5-5 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request by William C. Rice for a change in zoning designation from RA-1, Low Density Residential Apartment, to B-2, General Business, on approximately one half acre of property located on the west side of Fifth Avenue East, north of 18+h Street East approximately 600 feet. The purpose of the change in zoning is to accommodate the construction of mini -storage units to be located on this property and the property adjoining it to the north. The mini -storage facilities are . subject to a conditional use permit and will be considered in conjunction with this request for a change in zoning. The property proposed for the zone change can be described as the approximately west half of Assessor's Tract 5-5 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 8. A request by William C. Rice for a conditional use permit to allow the construction of a mini -storage facility on property located on approximately one and a half acres of property located on the west side of Fifth Avenue East, north of 18th Street East approximately 600 feet. Approximately one acre of the property is currently zoned B-2, General Business, which list mini -storage facilities as a conditionally permitted use. In conjunction with this request is a proposal to change the zoning on approximately one half acre on the south end of this property from RA-1, Low Density Residential Apar-tment, to B-2, General Business, for the purpose of accommodating a portion of the mini -storage units. The property proposed for the mini -storage facilities can be described as the Assessor's Tract 5-2 and the approximate west half of Assessor's Tract 5-5 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns lmown to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. -ter Thomas R. Jentz ! k Planning Director 7D — — ' AUD FLAT i.. 2 cSU� E'a SAUr K da fit_ 'r€r nArmvw. 4m� !-1 of .0 _Ra-". �v.. G ,. kio- Aso 7 r ADD 7 ADD- NC- V I MEF�, MINI OaF WAL # 4,1B 1 d e3 0 11�4-/ 3 B-, 2 COMPLEX 4 Q L. 1 1E 5SCNSt A 1 Aft ADD. NCG. 48� — 15 1 ., 1 s w� t:• lu 10 �l it to Subject P RIM 1t sk T%1`s'3 72 7'1q ''r 61_ NiO.. 6_ 9 — i i r i1J t J 2 t t t 77377` 2 4 3 t lil 9' 1 73 72777 7 5[ WA It, } r 4 4 1 L S _ 1 25 MAP G R KIRK O PA TS' INITIAL ZONING UPON ANNEXATION 3.6 ACRES OF B-2, GENERAL BUSINESS, CITY OF KALISPELL FROM P- , RESIDENTIAL FLATHEAD COUNTY ZONING PLW DATE: 5/21/03 FILE# IAA-03® 2 SCALE 1" = 400' dwg