Staff Report/Annexation & Zoning0 r;
;111-7111 o
Flathead a isl Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Annexation and Initial R-4 Zoning - David and Deanne Berger
June 21, 1999
BACKGROUND: This is a request for. annexation and initial zoning--of-R.-4, a.Tv.To
Family Residential, zoning district for approximately 0.62 acres located at the
northern boundary of Belmar Addition subdivision. The Berger's own approximately
five acres, most of which is in the 100 year floodplain. This 0.62 acre site is in the
500 year floodplain and will provide an adequate building site provided they can
obtain city water and sewer. The property is currently in the County zoning
jurisidiction and is zoned R-1, Suburban Residential. An on -site sewage treatment
system would not be a reasonable alternative to developing the property. On June 8,
1999 the Kalispell City -County Planning Board held a public hearing to evaluate the
most appropriate zoning upon annexation. The planning board and staff are
recommending that this property be zoned R-4, Two Family Residential, upon
annexation.
RECOMMENDATION: A motion to adopt the resolution annexing this property to the
city and a motion to adopt the ordinance for R-4 zoning upon annexation would be in
order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
c
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 15, 1999
Attachments: Letter of transmittal
Staff report KA-99-4 and back-up materials
Draft minutes from the 6/8/99 planning board meeting
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Fr lathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
June 15, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Berger Annexation and Initial Zoning of R-4, Two Family Residential
Dear Chris:
The Kalispell City -County Planning Board met on June 8, 1999, and held a public hearing
to consider a request by David and Deanne Berger for initial zoning of R-4, Two Family
Residential, upon annexation into the city. The property proposed for annexation contains
approximately 0.62 of an acres and is located on the north side of Belmar Addition
subdivision which lies west of Airport Road in the southwest part of Kalispell.
Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-4
evaluating the proposed R-4 upon annexation. She noted the Bergers own approximately
five acres located in the county, which is zoned County R-1. Most of it is in the 100 year
floodplain except that being proposed for annexation. She recommended the board forward
a recommendation for the R-4 zoning which would be consistent other zoning in the area.
At the public hearing, Dawn Marquardt, project land surveyor, spoke in favor of the
petition. Doug Young, spoke against the proposed zoning, stating that there is already too
much traffic on the paved easement to the subject property.
The board discussed the petition and agreed that R-4 was the most appropriate zoning
designation upon annexation. A motion was made to adopt staff report KA-99-4 as findings
of fact and recommend to the council that the property be zoned R-4 upon annexation. On
a roll call vote the motion passed unanimously.
Please schedule this matter for the June 21, 1999 regular city council meeting. You may
contact this board or Narda Wilson at the Flathead Regional Development Office if you have
any questions regarding this matter.
Sincerely
lispe City-pQtunty Planning Board
}
can J nson
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Berger Annexation and Initial Zoning
June 15, 1999
Page 2
JJ/NW/tl
Attachments: Exhibit A - legal description
Petition to Annex
Consent to Withdrawal from Rural Fire District
Staff report KA-99-4, application materials, including legal description
Draft minutes 6/8/99 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: David R. and Deanne Berger, PO Box 477, Somers, MT 59932
TRANSMIT \KAL\ KA9904
1*4:i�:��i�:l
Thatpottion dheNodbeastAdthe NorffieastKof Section 19, Township 28 North, Range 21 Wesk
Flathead County; Montana described as follows:
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PETITION NO.
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
PETITION FOR ANNEXATION TO CITY
COME NOW the undersigned and respectfully petition the City
Council of the City of Kalispell requesting city annexation of the
following real property into the City of Kalispell and to remove
the following real property from the Rural
Fire District.
The petitioner(s) requesting City of Kalispell annexation of
the property described herein 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 within the
4
rest of the municipality prior to annexation. 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.
Dated this day of 190A
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:,-\�Or�)C- C-A-1(-C�-CA-
N\ (-'Pl \.-N :-Va(B -- ( c-kA4-� cA-P,,('*1\
PROPERTY ADDRESS:
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this
day of 199 , by and between 1� QQ a —R) or
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR
CONTRACT SELLER(S) ] and the CITY OF KALISPELL, Flathead County, Montana,
hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other good and valuable
consideration to us in hand paid, and certain promises, mutual ternis, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to
protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings
made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and
make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto
and which, by this reference, is made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express an intent to have the
property as herein described withdrawn from the ':—>o," Fire District
under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into
this Consent to Annex Agreement 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.
THE PART(S) OF INTEREST 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 PARTY(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and
affixed our seals this day of , 199 .
P Y(S) OF INTEIST /
CITY OF KALISPELL
City Manager
ATTEST:
Finance Director
STATE OF MONTANA )
ss
County of Flathead }
On this day of , 199 , 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 Notarial 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 , 199 , 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 Notarial Seal the
day and year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead )
Notary Public, State of Montana
Residing at
My Commission expires
On this _ day of , 199 , before me, a Notary Public in
and for the State of Montana, personally appeared GLEN NEIER and AMY H. ROBERTSON,
known to me to be the Interim City Manager and Finance Director of the City of Kalispell, a
municipality, that executed the within instrument, and acknowledged that such City Manager and
Finance Director respectively subscribed, sealed and delivered said instrument as the free and
voluntary act of said municipality, for the uses and purposed therein setforth, and that they were
duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF,
I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written.
Notary Public, State of Montana
Residing at
My Commission expires
t
ba Oak
VS 011 mom * AUXIBIM
Flathead County, Montana described as follows:
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Flathead Regional Development Office
723 5th Ave. East Room 414
Kalispell, • a 0
Phone: (406)758-5980 Fax: (406)758-5781
PETITION
• ,' ZONING
CITY OF
1. NAME OF APPLICANT: �' ,�?.y C� rc, -oc `L �� >To�{ ran P _ P saQ r
2. MAIL ADDRESS:
3. CITY/STATE/ZIP: 11� mS PHONE:-7-��I� Ca
4. INTEREST IN PROPERTY:
5. ZONING MAP AMENDMENT:_ ZONING TEXT AMENDMENT:
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE
ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING:
A. What is the proposed zoning text amendment_
MAY 1 0 i999 r
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property:_k2)�A'�2) I \E Yn c r - 4c:,1_-me-Si i nz2a 5CF6
B. Legal Description: ' ,ci c� c� c Ir r7�� 14CA
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach shut for metes and bounds)
C. The present zoning of the above property is: r\�-\
D. The proposed zoning of the above property is:
E. State the changed or changing conditions that make the proposed
amendment necessary:
i
l
't WILL THE PROPOSED PURPOSE
A. Promoting the Master
C
I
10
W
G
Lessening congestion in the streets and providing safe access
Promoting safety from fire, panic and other dangers
/F
1/
f
ji
Promoting the public interest, health,/comfort, convenience, safety and general
welfare
I
f
Preventing the overcrowding of land
Avoiding undue concentration of population
i
Facilitating the adequate provision of transportation, water, sew ge, schools,
parks and other public facilities
H. Giving reasonable consideration to the character of the district
i
I. Giving consideration to the peculiar suitability of the property for particular
uses
J. Protecting and conserving the value of buildings
K. Encouraging the most appropriate use of land by assuring orderly growth
The signing of this application signifies approval for F.R.D.O. staff to be present on
the o erty for routine monitoring and inspection during approval process.
P4 .,, ` 5 - 10 q q_
YI/Pplicant) (Date)
3
• s r
A. 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: Master
Plan compatibility with the application, compatibility of proposed zone change
with surrounding zoning classifications, and the application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Flathead Regional
Development Office.
Fee Schedule
Zone Change:
Basefee........................................................................$400.00
For first 80 acres of area of the request.................Add $5/acre
For requests for 81 - 160 acres.............................Add $3/acre
For requests covering 161 acres or more...............Add $1 / acre
Amendment to Zoning Text......................................................$300.00
PUD Zoning Review:
Residential.................................................................... $400.00
Commercial................................................................... $ 500.00
MixedUse.....................................................................$650.00
D. The application must be accepted as complete by the FRDO staff thirty (30)
days prior to the date of the meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled.
' '. • is �' '
A. Application Contents:
1. Petition for zone change signed by at least 50% of the property owners in
the area for which the change in zoning classification is sought.
2. A map showing the location and boundaries of the property.
3. A list of the names and mail addresses of all property owners within 150
feet of the subject property as shown on the Assessor's roll.
Example
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
M
3
(C.O.S. 3607j
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ASHLEY z
CREEK �I
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S75'31'28'E
32.43'
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ill. 9/ CRES
62.29'
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BY 39B0-S
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(C.O.S. 3532) Q
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APPLICANT: D. & DEANNE BERGER
FRDO FILE #: KA-99-4
1, the undersigned certify that I did this date mail a copy of the attached notice to the
following list of landowners within 150 feet of the property lines of the property
that is the subject of the application.
C,
Date:
Assessor's S-T-R Lot/Tract Property Owner
No. No. & Mail Address
SEE ATTACHED LIST
DAVID & DEANNE BERGER
PO BOX 477
SOMERS MT 59932
TECHNICAL PARTICIPANT
MARQUARDT SURVEYING
285 FIRST AVENUE EN
KALISPELL MT 59901
vi
.�1�'2 t^,t '' I,'. t?cs`til� �• 1. i7: ' '=il„` ". ' .Il`7;+-- t. !'l. l: � .i`I :�. iJ ..l
Tract 14DA 05-0%3142 Lymni B;dx
75-M6640 1605 5th Ave W.
Kafiqwk Mr 59901
Tract 14CA 05-53450 two m Ban Tait
2 .
Kafispelt, Mr 1
Tract 1 L Nfiflm
1810 Ist Ave. W.
KahspA Mr 1
Tract 1Co.
Ave. E.
KafigpelL Mr 59901
C 7 3 I MiHer
1930
Kinfispelt, Mr 1
Lot 7 754M3272 Carol L Fkdqw
59901
7 3273 WM= R. & Buna F. Hodge
1839 N. EMmar
KAspe% Mr 59901
Lot 9 7 27 Eflim Aym
1943 N. Behner
Kefispe% Mr 59901
Lot 10 7 3275
263 'T' .
KafispA Mr 59901
±. :z;s,:: yj
754)%3276 Dougla E. Young
1851 N. Bdmw
KahVdt Mr 59901
/J � / f ��- ..,..-/�\� ~ 2,
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING
BOARD COMMISSION
Annexation and Initial Zoning of B-1 - Whitefish Stage and West Evergreen Drive
Annexation and Initial Zoning of R-4 - North Belmar
Zone Changefrom to B-3 - North Meridian "•.s
Kalispell s • rg Text Amendments - Vari
Kalispell• Amendment to Day a Definition
Preliminary • r s of Ranchview Subdivision
The regular meeting of the Kalispell City -County Planning
scheduled for Tuesday, June 8, 1999, beginning at 6:0
To the Kalispell City Council:
0
1. A request by George E. Schultz, aka Kal-Mont Dairy Farm, for annexation and initial
zoning of B-1, Neighborhood Buffer District, for approximately 5.536 acres. The property
proposed for annexation is located on the northeast corner of Whitefish Stage Road and
West Evergreen Drive in the northeast part of Kalispell. Currently this property is in the
Evergreen and Vicinity Zoning District and is zoned County B-1, a Neighborhood
Professional Business zoning district. The property can be described as a portion of
Assessor's Tract 5 located in Section 32, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana, and as further described on attached Exhibit A.
2. A request by David R and Deanne Berger for annexation and initial zoning of R-4, Two
Family Residential, on approximately 0.62 acres. The property is located north of Belmar
Subdivision and adjoins the northern boundaries of Lots 8, 9, and 10 of Belmar Addition
Subdivision. This property can be described as a portion of Assessor's Tract 14CA located
in Section 19, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana,
and as further described in Exhibit B.
3. A request by Walle and Mary Lou Lindsay for a zone change from RA-1, a Low Density
Residential Apartment, zoning district to B-3, a Community Business, zoning district
which allows a variety of commercial uses. The area proposed for rezoning contains
approximately 0.79 of an acre and is located at 580 North Meridian Road, on the east side
of North Meridian Road and north of Two Mile Drive approximately 150 feet. The property
can be described as Lot 1 of Stubbs Addition 58 located in Section 12, Township 28
N.)rth, Range 22 West, P.M.,M, Flathead County, Montana and as further described in
attached Exhibit C.
4. A request by The Nurturing Center for a text amendment to the Kalispell Zoning
Ordinance, Sections 27.26.050(15), Parking Standards for Day Care Facilities, and
Section 26.37.010(69), Definition of Day Care. As proposed, the standards would require
one space per teacher/employee and delete the requirement for one off-street load space
per six students. And would require one space per teacher/employee plus one off-street
load space per silt students for Day Care Centers and Nursery Schools. Additionally, the
definition of Day Care Facilities would be clarified to denote a difference between a Family
Day Care Home, Group Day Care Home and a Day Care Center and to clarify the term
"regular basis." This amendment would potentially effect all areas within the City of
Kalispell which allow day care facilities as either a permitted or conditionally permitted
use.
5. A request by the City of Kalispell for various amendments to the Kalispell Zoning
Ordinance which are intended to be "housekeeping" changes that would not typically be
controversial issues, but that would address several on -going probiems within the City's
zoning jurisdiction. Those changes would include but would not be limited to the
following issues: increasing the allowable height in the "R" zonings from the current 15
foot limit to 18 feet provided they are single story construction; add banks, savings and
loan and finance companies as a permitted use in the B-2, General Business district,
change casinos from a conditional use to a permitted use in all districts which allow
casinos and amend the definition of casino; allow single archways serving as pedestrian
entrances not exceeding nine feet tall five feet wide and four feet deep in the required
setback areas; reduce the required side corner setbacks from 15 feet to 10 feet on lots of
50 feet or less; to allow temporary events such as car shows, boat shows, carnival,
concerts, etc. in the "B", "I" or "P" zones as a permitted uses provided the event does not
occur more than seven days in a three month period; a provision to allow the issuance of
an administrative conditional use permit which is a minor amendment to an existing
conditional use permit; amend the definition of professional office. This amendments
could potentially effect several areas of the zoning jurisdiction where these uses are
allowed.
6. A request by Robert Peters for preliminary plat approval of a ten lot residential subdivision
located west of Grandview Drive and south of Commons Way in the north part of
Kalispell. The property is zoned RA-1, a Low Density Residential Apartment, zoning
district which has a minimum lot size requirement of 6,000 square feet for single family
homes plus an additional 3,000 square feet per unit beyond a duplex. The total acreage
within the subdivision is approximately 2.88 acres with the lots ranging in size from
approximately 8,700 square feet to 12,700 square feet in size. The property where the
subdivision is located is at 340 Grandview Drive and can be described as a portion of
Assessor's Tract 5AA located in Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
Documents pertaining to these agenda items are on file for public inspection in the Flathead
Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are
available for public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and concerns
known to the Board. Comments in writing may be submitted to the Flathead Regional
Development Office at the above address prior to the date of the hearing.
4maf,) I - 94
..%
Thomas R. Jentz
Planning Director
Exhibit E
David R. and Dianne Berger
Cmitial Zoning of R-4 Upon Annexation
Legal Description
Ihd perfion afthe Nbribeast '/4of the Norffiemst/4 of Secfion 19, Township 28 Nord� Range 21 West
Flakead ComfyMontma, de=ibed as follows:
grm - > >
® SY ' 7
>� \
0 5-25
5-258
BLA AAA
F J
1 4DA
1 4 D 7 vi
We
A }
�4.i : r .
1 -A
JF-
1DA
1K
22 1 23
,3 24 25
1AA 26 27 1
16 I
21 20 19 18 17 ;
2 5 5 55 56 57 5 5 E I 6b 63 64.
5 56
67
_. F :a.
AB
134 133 132131 it
118 119 120 121 122. 123 �
155 15€ 1571 7 117k 127 126 124 69 1 AA
E159ST
i 1
187 781 ' 14 129 71
1 130 5 t
178:179- 182 7112 { !
72 2
t10 7
DAVID & DEANNE BER ER
REQUEST FOR ANNEXATION & INITIAL ZONING
FROM Rm , SUBURBAN RESIDENTIAL, WEST SIDE DISTRICT, TO
R— , TWO FAMILY RESIDENTIAL, CITY OF KALISPELL ZONING
PLOT DATE-5/18/99
FILE # 9 — ALE " = 00' s\8itc, 1G-4.d
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL, FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this
day of 199 , by and betweenv.c�
liereinafler PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR
CONTRACT SELLER(S) ] and the CITY OF KALISPELL, Flathead County, Montana,
hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other good and valuable
consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to
protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings
made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and
make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto
and which, by this reference, is made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express an intent to have the
property as herein described withdrawn from they G�;��et\ Fire District
under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into
this Consent to Annex Agreement 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.
THE PART(S) OF INTEREST further agree(s) that this covenant shall nm 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 PARTY(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and
affixed our seals this day of , 199
CITY OF KALISPELL
City Manager
ATTEST:
Finance Director
PETITION NO.
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
PETITION FOR ANNEXATION TO CITY
COME NOW the undersigned and respectfully petition the City
Council of the City of Kalispell requesting city annexation of the
following real property into the City of Kalispell and to remove
the following real property from the Rural
Fire District.
The petitioner(s) requesting City of Kalispell annexation of
the property described herein 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 within the
rest of the municipality prior to annexation. 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.
Dated this 1 `— day of Q _ _, 19%
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:,\ --)a; �C, c- —\rc,.cA--
i aA4-r cA-eA
PROPERTY ADDRESS:
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
ward r the attenadult. Family ��cc�hoi�o==vupzday
earehomes -(see -4G4must -be- registered -vi4th the-appr�iate
state -agency. -Centers -(12 or- more individuals) must be heensed
tithe -apprepr-ate- state -agency. A use which means care for
children or adults other than the parent or other person living
with the individual on a regular basis for daily period of less than
24 hours, whether that care is for daytime or nighttime hours.
Regular basis means providing supplemental care to separate
families for three or more consecutive weeks. Family day care
home means a place in which supplemental care is provided to
three to six children or adults on a regular basis. Group day care
home means a place in which supplemental care is provided to
seven to 12 children or adults on a regular basis. Day care center
means a place in which care is provided to 13 or more children or
adults on a regular basis.
Section 27.26.050(15), Off Street Parking for Day Care Home, Day
Care Center, Group Day or Nursery School: One spa
teas employee on thelargest shift plus -one -eff street lead
spaee per- six students. One space per teacher / employee plus
one loading space per six students with a maximum of two
loading spaces to be provided on the street in front of the
property where the facilities are located. On a roll call vote all
members present voted Aye. The motion to recommend approval
of the amendments passed unanimously.
BERGER ANNEXATION A request by David R. and Deanne Berger for annexation and
& INITIAL ZONING initial zoning of R-4 on approximately 0.62 acres north of Belmar
Subdivision.
STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-4 in which
staff recommends that the board recommend to the Kalispell City
Council that the initial zoning for this property should be R-4, Two
Family Residential, upon annexation. She noted that the
applicants own approximately 5 acres, most of which is in the 100
year floodplain. The area included in the request for annexation is
not in the 100 year floodplain but is in the 500 year which
provides a building site.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Dawn Marquardt, land surveyor for the applicants, spoke in favor
and made herself available to the board for questions.
OPPONENTS Doug Young, Lot 11 Belmar Addition, spoke against the petition
stating that there are 3 people already using the 12 foot easement,
that is paved, and he would like to have the initial zoning for
single family residences rather than allowing a duplex as that
would allow 5 residents using that easement. He stated that there
are children in the area and he believes something should be done
with the road in order for it to be safe.
No one else wished to speak and the public hearing was closed.
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 2 of 12
BOARDISCUSSI The board discussed the petition briefly and took public comment
into consideration.
Heinecke asked if there were already duplexes on Lots 10 and 11
and was answered that there is a duplex on Lot 10, a single family
residence on Lot 11, and Dick Brady uses the road as access to
his pasture.
Johnson asked about access and it was explained that the 20 foot
easement across Lots 10 and 11 are the only access to this
property.
Breneman asked if they would have to widen the road if a duplex
was put on the subject property and was answered no.
Sipe asked if there were any other access and was answered no.
Wilson noted that the property could not be further subdivided
because of the limited access to the site and therefore the most
that could be placed on the five acre property would be a duplex.
Brenneman noted that it could be spot zoning if any other zone
designation were to be placed on this property.
Wilson agreed and noted that it has been a matter of policy for
FRDO to recommend a zone such that is consistent with an area
and the master plan and, based on that, R-4 appears to be the
most appropriate zoning for this property. She also noted that
access is a problem all over the county. The existing access to this
property is not uncommon, even though it is not encouraged. She
stated that the applicants plan to place a single family dwelling on
the property, but the initial zoning should be consistent with the
area which allows for duplexes.
Stevens noted that he did not agree that other residential zoning
would be spot zoning, stating that single family or duplex is not
significantly different and there seemed to be no reason to change
the recommended zone on the property.
MOTION Breneman moved and Heinecke seconded to adopt staff report KA-
99-4 as findings of fact and, based on these findings, forward a
recommendation to the Kalispell City Council that the initial
zoning for the subject property should be R-4, Two Family
Residential, upon annexation. On a roll call vote all members
present voted Aye. The motion to recommend R-4 zoning upon
annexation passed unanimously.
CHANGE TO THE Sipe requested that the Schulze petition be moved to the end of
AGENDA ORDER the agenda as he knew that Schulze was planning to be at the
meeting. There was no opposition to that request.
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 3 of 12