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Staff Report/Annexation & Zoning0619 lathead RegionalDevelopment ice 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 Zoning of B-2, General Business - Deloris Partnership Group June 7, 1999 BACKGROUND: This is a request for annexation and initial zoning of B-2, General Business, on approximately 4.045 acres located on the north side of Appleway and east of Highway 2 approximately one quarter miles. This matter went to the planning board for public hearing and consideration on May 11, 1999. The planning board is unanimously recommending that the property be zoned B-2, General Business, upon annexation into the city. RECOMMENDATION: A motion to adopt the resolution amending the city limits boundaries to include this property and the ordinance to zone it B-2 upon annexation would be appropriate. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. 'Wilton Chris A. Kukulski Senior Planner City Manager Report compiled: May 17, 1999 Attachments: Letter of transmittal Exhibit A, legal description Staff report KA-99-3 and back-up materials Draft planning board minutes Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO. 4481 A RESOLUTION TO PROVIDE FOR THE ALTER.A.TION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE KNOWN AS DELORIS ADDITION NO. 291; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from William C. Rice, of Deloris Partnership Group, the owners of property located on the north side of Appleway Drive and east of its intersection with Highway 2 approximately 1/4 mile and described in Exhibit A, attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Deloris Partnership Group's Annexation Request, ##KA-99-3, dated May 4, 1999, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, 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 in 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 Deloris Addition No. 291. 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 deloris partannex.wpd - 1 - 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 DAY OF JUNE, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk deloris partannex.wpd - 2 - EXHIBIT A A tract of land located in the south half of the southeast quarter of Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the east one -sixteenth comer of Sections 12 and 13; thence N00°3T03"E, on and along the west boundary of the southeast quarter of the southeast quarter of said Section 12, a distance of 30",00 feet to a point which point lies on the north boundary of a 60 foot road known as Appleway Road; thence N89° 16'09"E, on and along said north boundary of Appleway Drive, a distance of 163.00 feet to the true point of beginning; Thence N89° 16'09"E, continuing on and along said north boundary of Appleway Drive, a distance of 167.00 feet to a point which is southwest corner of a tract of land described in Book 469 Page 263, records of Flathead County; Then N00°37'03"E, on and along the west boundary of said tract described in Book 469 Page 263, a distance of 630.00 feet to the northwest corner of said. tract described in -Book 469 Page 263; Thence S89° 16'09"W, along the south boundary of a tract of land described in Book 730 Page 457, records of Flathead county; a distance of 340.45 feet to an existing fence, as indicated on 4B's Addition No. 45, records of Flathead County; Thence S00041'41"W, on and along said existing fence, a distance of 409.02 feet to a point; Thence N89° 16'09"E, a distance of 174.30 feet to a point; Thence S00°41'41"W, a distance of 221.00 feet to the true point of beginning. This tract contains 4.045 acres. t .:, •� � ' .� 1 „ � �..1 . , Kalispell,9,0 Phone: (406) 758-5990 Fax: (406) 758-5781 May 17, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Deloris Partnership Group - Initial Zoning of B-2, General Business Upon Annexation Dear Chris: The Kalispell City -County Planning Board met on May 11, 1999, and held a public hearing to consider a request by Deloris Partnership Group for initial zoning of B-2, General Business, upon annexation into the city. The property proposed for annexation is located on the north side of Appleway Drive and east of Highway 2 approximately one quarter mile. Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-3 evaluating the proposed B-2 upon annexation. She recommended the board forward a recommendation for the B-2 zoning. Wilson noted that the master plan designates this area as commercial and the B-2 zoning would be consistent with other zoning in the area. At the public hearing, Bill Schottlekorb, representing Deloris Partnership Group, spoke in favor of the petition. He stated that B-2 zoning would be consistent with the area. No one spoke against the proposed zoning. A motion was made to adopt staff report KA-99-3 as findings of fact and recommend to the council that the property be zoned B-2 upon annexation. On a roll call vote the motion passed on a vote of eight in favor and none opposed. William Rice had excused himself from discussion and vote because he has an interest in this proposal. Exhibit A is a legal description of the area to be annexed. This matter is being forwarded to the Kalispell City Council for consideration at their June 7, 1999 regular meeting. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Providing Community Planning Assistance To: ® Flathead County • City of Columbia Falls . City of Kalispell • City of Whitefish Deloris Partnership Group Annexation and Initial Zoning May 15, 1999 Page 2 of 2 JJ/NW/tl Attachments: Exhibit A, legal description Staff report KA-99-3 and application materials Draft minutes 05/11/99 planning board meeting c w/oAtt: Deloris Partnership, 178 E. Blanchard Lake Rd., Whitefish, MT 59937 Theresa White, Kalispell City Clerk TRANSMIT\KA\KA993 • •- • • r lull REGIONALFLATHEAD DEVELOPMENT OFFICE REPORTSTAFF A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for annexation and initial zoning. A hearing has been scheduled before the Kalispell City -County Planning Board for May 11, 1999 beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. 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 petitioner would like to annex into the city and obtain B-2, General Business, zoning on the property. A. Petitioner and Owners: William C. Rice Deloris Partnership Group 178 E. Blanchard Lake Road Whitefish, MT 59937 (406)863-9925 E. Location and Legal Description of Property: The property proposed for annexation is located on the north side of Appleway Drive and east of its intersection with Highway 2 approximately one quarter of a mile. The property can be described as Assessor's Tract 1A located in Section 12, 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 owner is requesting City B-2 zoning, a General Business zoning district which allows a wide variety of general commercial, retail and auto oriented uses which require an outdoor display of merchandise. The City B-2 zoning district, mini -storage is a conditionally permitted use under a recent amendment to the zoning regulations. The property owner has plans to obtain a conditional use permit. An application for a 92 unit mini -storage facility has been filed concurrent with this annexation request. E. Size: The area proposed for annexation and zoning contains approximately 4.045 acres. F. 1lsting Land Use: Currently this property is undeveloped. As previously mentioned, an application for a conditional use permit for a 92 unit mini -storage facility has been filed concurrently with this annexation request. 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. This area has typically accommodated a mix of uses from the Stillwater Forest Products to the south along with residential and commercial to the north. Over the years, the area has become more commercial in nature as the city continues to grow. North: Skippers and Sizzler restaurants; City B-2 zoning South: Residences and quasi junkyard, County R-1 zoning East: Residences and Hampton Inn; County R-1 and City B-2 West: Hotel and restaurant; City B-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 a little light industrial. The properties to the north have been more intensively developed because of the availability of water and sewer to the area and its proximity along Highway 2. The annexation of this property will be a portion of an island that is surrounded by the city limits. This can be described as an area is transition. I. Availability of Public Services: City services will be made available to this property upon annexation which include fire and police service, as well as public water and sewer. The proposed mini -storage facility will not require the water and sewer services. However, at some point in the future, the property owners will want to engage in a more intensive use of the property which will require these services. 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. 1. Does the requested zone comply with the Master Plan? This property is indicated on the Kalispell City County Master Plan Map as commercial. The proposed B-2 zoning district complies with that master plan map designation, as well as the goals and policies of the document. 2. Is the requested zone designed to lessen congestion in the streets? Rezoning this property may result in additional traffic generated from the property especially once the property is more fully developed. It appears there may be some potential for gaining access to Highway 2 to the north through a 2 small part of an adjoining parcel. Primary access to the site is currently off of Appleway Drive which is a City street in moderately good condition. Moderate increases in traffic will result from the requested commercial zone, however, it would not be in excess of that which would be anticipated for the area. 3. Will the requested zone secure safety from fire, panic, and other dangers? There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services are adequate. 4. Will the requested zone promote the health and general welfare? Because this annexation will enable the property owners to connect to public sewer and expand a business on full public services, the public health and welfare of the community will be served by encouraging compact commercial development within the city core. S. Will the requested zone provide for adequate light and air? The proposed business zoning and the related uses would be subject to the development standards of the district which help to insure that there is adequate light and air by using building height restrictions of 35 feet and setbacks of 20 feet in the front, five on the sides and ten in the rear. Additionally, with the proposed mini -storage facility, special conditions will be required for the development. 6. Will the requested zone prevent the overcrowding of land? The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. 7. Will the requested zone avoid undue concentration of people? No significant increase in the population in the area will result under the proposed zoning. Technically, this 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. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools parks, and other public requirements? 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. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? 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 master plan map designation. The requested zone gives appropriate consideration for the suitability of this area for the uses in the B-2 zone. 10. Does the requested zone give reasonable consideration to the character of the district? 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. 11. Will the proposed zone conserve the value of buildings? 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. 12. Will the requested zone encourage the most appropriate use of the land throughout the jurisdiction? The most appropriate use of land throughout the jurisdiction appears to be commercial. This is consistent with the master plan designation and promotes the stability and neighborhood character of the immediate area. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board adopt Staff Report #KA-99-3 as findings of fact and forward a recommendation to City Counc>l that the initial zoning for this property should be B-2, General Commercial, upon annexation. H: \... \REPORTS\KA\99 \KA99-3 11 Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 AM 2. 3 11 5 CITY OF KALISPELL Lkao �tFi� c "Ta NAME OF APPLICANT: Ih VV-' C - MAIL ADDRESS: /78 F, O�AV-9-Al?-D Lk, Rg4o CITY/ STATE/ ZIP:_._10�� I S tt PHONE: E&�J92-SS INTEREST IN PROPERTY:. � ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TFI.X�F TH ZONING REGULATIONS, PLEASE COMPLETE THE FOLEC6iNG: I A. What is the proposed zoning text IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: B. Legal Description: T? I A , I AA-, TEL , D -t,3C,/A (Lot and Elock of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: I AA i'S AgF-117 /.'s cou"'h, Rom- D. The proposed zoning of the above property is: Z- E. State the changed or changing conditions that make the proposed amendment necessary: is HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE A. Promoting the Master Plan o�- B. Lessening congestion in the streets and providing safe access S'10 u 9 � t (,1 `C i j PQ�0�- } S i 5 W K1Gk4- ujCo uL 'Tr 3E AW L E S��S �I �, fff- C. Promo ng safety from fire, panic and other dangers 0 F G ^ Z (S i1AQi(?�ir�� N 1�( Ca12�tSS yl.� fye"T- mp,/OfI4�1jU&L -Vj*is Promoting the public interest, health, comfort, convenience, safety and general welfare -TT- (Si Preventing the overcrowding of land����Si ti'Ess Avoiding undue concentration of population a�pp�Y Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities LA-'OQ� A-0.0 Tb C X1 Y - k bps U.L v� r Dii!oN-Wylcl�S — v'N VTz1oPrmr 1t�,t11D i�ODC��S `�S ISSvz"S 1�3� i�J,�s TllVt% 2 H. Giving reasonable consideration to the character of the district T« �- S� Olj ctS V'JoO 1 ID �c k- 1aC � A-�^�S 1 WAS i S Oh, OX ��2 i� Std�lfzL��� tJtli I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings �_ 1 t3� �� P1�52 ©tzlwt v+gL "OA bUE{z ,� K. Encouraging the most appropriate use of land by assuring orderly growth MG,-I,\>C, YVLO(z-V7,- .S �13t�t fl I V1'-or,-� The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during approval process. ki c,2-,,:- 4 -12 -9? (Applicant) (Date) 3 cc) N FAUULI�J 0 ED t[� c �J o aT- 107— zPT o-- Q t ,n -� Co t N _ Q FA-D ° Of rn N \Y S m cD O r�) co S � C CD 4 t0 b7Ot �. Q c� t,= NS' t -� BOOK 730 PAGE 457 v csi PACK ADDITION #91 0 S 89 16, 0 9" W 340. 45' 10.45' .�,..' 330.00 r 10���rfl w iT1�1 ALL TRACT 2 4.045 ACRES BOOK 679 PAGE 768 �O d M s�srx73`4�rQ:c'as;x:fxr'n'u,_ O, / M o r Q ' N � O {s CD L_S\' tom- 4 o ro o o j TRACT I p o coz �; O 0,884 ACRE m x 4i r �{ i 790.81' 11.30 163.00, 167.00 A Po.e. P.O. a. c d 12 . 1298.5 --�. Ma — 330.00 RAS IS OF R i t.I NG 13 E 1/16 N 89° 16 ny' E 259'.�a S 12 S 13 APPLEWAY DRIVE ID 2" IRnN PIP.F. (P,141ISS CAP MISSING) )TIArrrFP ,)PD SFr7"In'4 CORN".R AS PER CORNER ���~--- 2.0 E�7'1TmT('�n T o. BEFORE 71"HE CITY COUNCIL CF THE CITY CF KALISPELL PETITION FOR NNEXATION TO CITY COPE NOW the undersigned and respectfully petition the C.i.ty 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 Cite 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 sere: ices 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 day of , 19 LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: -71EC , 7-ECA 40 4-PPLL-tu y PROPERTY ADDRESS: �J OWNER CI^i�i�is7 PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE CONSENT TO ANNEX AGREEMENT AND NOTICE OFWITIIDRAWAI, FROM APPLICATION MATERIAL RURAL FIRE DISTRICT JI �lg APR 13 1999 TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this JZ toF. i-,- D. (lay of A-Pfz-iL 199 by and between M I�Pj�-A' CA" a-rL 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 ]land 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 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 lierein express all intent to have the property as herein described withdrawn from the Fire District tinder 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 nin 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 a rfixed our seals this day of , 199 . CITY OF City Manager ATTEST: Finance Director STATE OF MONTANA ss County of Flathead On this 1.,; A day of 011pj , 1991, before me, the undersigned, a Notary Public for the State of Montana, personally appeared 9A4"' CO,Qe✓" , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/shc 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 — wj�� E 42zc'� Notary Public, State of Moplana Residing at My Commission expires D3 ~ 7 a3 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 1-1. 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, scaled 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 _ — CERTIFICATION APPLICANT: DELORIS PARTNERSHIP GROUP FRD® FILE #: KA- 9 9 - 3 and KCU- 9 9 - 6 -- I, 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. Date: 'a2�t'a.?k, 2IF Assessor's S-T-R Lot/Tract No. No. SEE ATTACHED LIST * APPLICANT WILLIAM C RICE 178 EAST BLANCHARD LAKE RD WHITEFISH MT 59937 Vain KaHs OL ,-,OT 59901 A r-mr-ini irm 7 • ! •�iG t � SUBJECT PROPERTY T1=' i ood- S e a Apt E V-z' . N-tr o i sc 4-? TRACT # ASSESSOR # agNER/ADDRESS �7 sago I 3 J3�/4 0647 f 7 64G C) 5 G *' i`.- 5 }2,7�� ,e L 6,14e�� 1� � Zg Z _Z jyb f4TAW (� Nt-r 59qcA o5 o avAg 07 7 ' 91 �� r j LIN .� e 04 n� J LCG UJ_ I�R' 7LtJrii zo, 7-5 1A ' D-Z 51(oo 6 . - 5Lc�65 ITOC -coy-►-rem-r g,JYeZ 4,6 V � f r,/rF Nc- AVE vv svr MT 5-1-10144$b ZZ 4\JE: W STt. ZZoo (: AoHt A �. MT 5�qo t o0 � 13 �S �.u� - Kv-� , MT- NOTICE OF KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Annexation and Conditional Use Permit for Mini -Storage - Appleway Drive Zone Change from RA-1 and I-1to B-2 on Seventh Ave. E.N. RA-1 Text Amendment to Side Yard Setbacks Casino in Kalispell Center Mall Conditional Use Permit Ridgewood Terrace Mobile Dome Park Expansion Preliminary Plat Zone Change from R-1 to B-2 on Highway 35 The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, May 11, 1999, beginning at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly scheduled meeting, the board will hold public hearings or take public comments on the following agenda items and will make recommendations to the City Council or the Board of County Commissioners, who will take final action: To the Kalispell City Council: A request by Deloris Partnership Group for annexation into the City of Kalispell and initial zoning of B-2, General Business, for approximately 4.045 acres. The property proposed for annexation is located on the north side of Appleway Drive east of its intersection with Highway 2 West approximately one quarter of a mile. Currently this property is in the West Side Zoning District and is zoned County R-1, a Rural Residential zoning district. The property can be described as Assessor's Tract IA located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit A. 2. A request by Deloris Partnership Group for a conditional use permit to allow the construction of a 92 unit mini -storage facility on property zoned B-2, General Commercial, which lists mini -storage facilities as a conditionally permitted use. The request for this conditional use permit is being filed concurrently with the above referenced request for annexation into the City of Kalispell and B-2 zoning. The property proposed for the mini -storage facilities is located on the north side of Appleway Drive, east of its intersection with Highway 2 West approximately one quarter of a mile. The property can be described as Assessor's Tract IA located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by Bob Cherot, Phil Neuharth and Bruce Young for a zone change from RA-1, Low Density Residential Apartment, and I-1, Light Industrial, to B-2, General Business, on approximately 3.80 acres. The property is located at the southern most end of Seventh Avenue E.N. just north of Woodland Park. This property can be described as Assessor's Tract 30UC (RA-1 zoning) and Assessor's Tract 301313 (I-1 zoning) located in Section 8, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana, and as further described in Exhibit B. 4. A request by Rich S. Ockey for an amendment to the Kalispell Zoning Ordinance, Section 27.09.040(3), Minimum Yard Requirements. As proposed, the side yard setback requirements would be amended from the current requirement of ten feet plus an additional ten feet for each increment of ten feet above 25 feet in height; to a requirement of ten feet plus an additional one foot for each foot above 25 feet in height. This amendment would potentially effect all areas within the City of Kalispell with an RA-1 zoning designation. 5. A request by Columbia Falls Lounge Corporation for a conditional use permit to allow the conversion of the existing Fireside Lounge in the Kalispell Center Mall into a casino. The applicant intends to convert the existing facility without expanding the existing building. The property proposed for this use is located in the B-4, Central Business District, a zoning district which lists casinos as a conditionally permitted use. The property is located on the northwest corner of Center Street and Main Street in Kalispell. The property address is 20 North Main Street, Kalispell. The property can be described as Assessor's Tracts 2AB and 8BA located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana To the Board of County Commissioners 6. A request by Carver Engineering on behalf of Theodore Fouts for preliminary plat approval for the expansion of Ridgewood Terrace Mobile Home Court by adding an additional 16 rental lots for manufactured homes. The property is zoned R-5, a Two Family Residential zoning district which lists manufactured home parks as a conditionally permitted use. The area proposed for the expansion contains approximately 2.54 acres with approximately 1.972 acres devoted to lots. The property can be described as Lots 1, 2, and 3, Block 4, Larson's Acres First Addition; Lot 1, Block 5, Larson's Acres, First Addition; the north 60 feet of the west 100 feet of Lot 5, Block 2, (Assessor's Tracts 513 and 5C) of Larsons' Acres and Lots 3, 4 and 5, Block 6, Larson's Acres First Addition located in Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request by Debora Poteet for a zone change in the Evergreen and Vicinity Zoning District from R-1, Suburban Residential, a residential district with a one acre minimum lot size requirement, to B-2, General Business, a general commercial zoning district which allows a variety of commercial uses. The area proposed for rezoning contains approximately 0.838 of an acre and is located on the north side of Highway 35 east of LaSalle Road (Highway 2) approximately one mile. The property can be described as Lot 9, Block 4, Bernard's Park located in Section 3, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana and as further described in attached Exhibit C. 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. Flathead County Zoning Regulations are also on file for public inspection at the Office of the Clerk and Recorder, Flathead County Courthouse, Kalispell, MT, in Permanent File No. 16137. 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. Cd ��✓� �" " �i4.J Thomas R. Jentz Planning Director Initial• •g of B-2 Upon Annexcation Legal Description A tract of land located in the south half of the southeast quarter of Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the east one -sixteenth corner of Sections 12 and 13; thence N00°37'03"E, on and along the west boundary of the southeast quarter of the southeast quarter of said Section 12, a distance of 30.00 feet to a point which point lies on the north boundary of a 60 foot road known as Appleway Road; thence N89° 16'09"E, on and along said north boundary of Appleway Drive, a distance of 163.00 feet to the true point of beginning; Thence N89° 16'09"E, continuing on and along said north boundary of Appleway Drive, a distance of 167.00 feet to a point which is southwest corner of a tract of land described in Book 469 Page 263, records of Flathead County; Then N00°37'03"E, on and along the west boundary of said tract described in Book 469 Page 263, a distance of 630.00 feet to the northwest corner of said tract described in Book 469 Page 263; Thence S89° 16'09"W, along the south boundary of a tract of land described in Book 730 Page 457, records of Flathead County, a distance of 340.45 feet to an existing fence, as indicated on 4B's Addition No. 45, records of Flathead County; Thence S00°41'41"W, on and along said existing fence, a distance of 409.02 feet to a point; Thence N89° 16'09"E, a distance of 174.30 feet to a point; Thence S00°41'41"W, a distance of 221.00 feet to the true point of beginning. This tract contains 4.045 acres. 134 -FAw f J 2CK 4 f T-AA T- 2CCATz 3 7A[7 F - °HA I FA. s7,� , #' cAi � ADD 4f 4 �i, iF := re ?{AUS PEELL —1 4 t ADD. 1 2 ADD 44- GIBSO as bj/ A3C — — F CCvF GHA 47-' i Ary-D 45 -ic WESSMAIN GISSON ALL F 1 p 16A� , ,v 1 F 12 6 �. ^ Ec. v SE 08 2 >' 1� , L 14 I A P.Vl E� f r 3 VICINITYMAP DELOPIS PARTNERSHIP GROUP REQUEST FOR ANNEXATION & INITIAL ZONING OF E- , GENERAL BUSINESS, FROM R-1, SUBURBAN RESIDENTIAL, IDENTIAL, EST SIDE ZONING DISTRICT TO - E-- , GENERAL BUSINESS, KALI PELL ZONING DISTRICT F r Da :4/20/ 9 PILE # KA-99-3 SCALE 1 " = 4 . � .'iLY ?pKf!ON �. ADq 134 y CF :,ATE1yAy i34 P� dF Bm3 W ZCK -,us�cr A 2CH + AQ� T-M T-A - 2CE �� 1 2CH+ I � 2CC c' 2CCA 2CF = 2 \\\� OQ - � �V'` P 10 L1 8LK 1 7AD RESUS 1FIA IFA HWY 2 9 7 1- G18SpN GIB ON SALLEE ono J47 ' pc : ELL ADOMCN C. 2 T-1 A S TA 'A jj,����� 4 ADD. ST� ADD #a 1 1 T. 2 AM NO. 7A GIBSO� A- 3 Y e3 c_ I ;a T-2 7 FRE I_r _ ,lap 6HA. ' � I AD. .5 - '- 1D 1E 1C 1 �E5M'N � 1 i GiesONS A€;° 1 m ( ADD. VNj. 4 B 6C al- 16DA IA a' 16so ISo 12 I a 16 ` 11 A qE 12 i 1J % 3 LU I 14pirl DA 11 f r J f 116'1tIAr► DELORIS PARTNERSHIP GROUP cwnm REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOTS 92 UNIT MINI —STORAGE FACILITY B-2, GENERAL BUSINESS, , KALISPELL ZONING DISTRICT I A.LISPELL ZONING DISTRICT FIDE # KCU-99-6s ALE I" = 400' H_\&\mite\K=9_&fts