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10. Ordinance 1687 - Zone Change - Wheeler - 1st ReadingPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.comlplanning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Zone change from R-3 to R-5 MEETING DATE: November 1, 2010 BACKGROUND: The Kalispell City Planning Board met on October 12`h and held a public hearing to consider a request by Sherry Wheeler for a zone change on her property from R-3 (Residential) to R-5 (Residential/Professional Office). The property is currently a vacant lot, 8,750 square feet in size. The property is located on the south side of Liberty Street between the State Farm Insurance office located at the corner of Liberty Street and N. Meridian Road and 116 Liberty Street. The property can be legally described as lot 3 of block 7, Adams Addition located in Section 12, Township 28 North, Range 22 West. The Kalispell Planning Department staff presented staff report KZC-10-1 and reviewed the proposed zone change request. Staff recommended approval of the zone change based on surrounding zoning districts, land uses and compliance with the city's growth policy. At the public hearing the applicant spoke in favor of the zone change request. No one else spoke for or against the zone change and the public hearing was closed. During the planning board discussion several planning board members thought that the boundary for the R-5 zoning along Liberty Street should include the lot requesting the R-5 zoning but that this should be the last lot on this block to receive that zoning. The planning board members felt that the increased traffic patterns at the intersection of Meridian Road and Liberty Street made this particular lot suited for development other than a single family residence. The planning board also felt that this lot and the lot to the east make a good buffer between the residential lots to the west and Meridian Road. The planning board then acted on a motion to recommend the city council consider approving the zone change request. The vote to recommend approval was unanimous. FISCAL, EFFECTS: Not applicable ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Jane Howington Senior Planner City Manager Report compiled: October 25, 2010 c: Theresa White, Kalispell City Clerk 1140.B7'ZOAI11G CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOT 3 OF BLOCK 7, ADAMS ADDITION LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED CITY R-3 (RESIDENTIAL) TO CITY R-5 (RESIDENTIAL/PROFESSIONAL OFFICE)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN DATE. WHEREAS, Sherry Wheeler, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned R-3 (Residential), be zoned R-5, Residential/Professional Office, on approximately 8,750 square feet of land, and WHEREAS, the property is located on the south side of Liberty Street between the State Farm Insurance office located at the corner of Liberty Street and North Meridian Road and 116 Liberty Street, and WHEREAS, the petition of Sherry Wheeler was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-10-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-5, Residential/Professional Office, pursuant to Kalispell City Code 27.29.020, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on October 12, 2010, and recommended that the zoning be City R-5, Residential/Professional Office, pursuant to Kalispell City Code 27.29.030, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-5, Residential/Professional Office, the City Council finds such 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 findings of fact of KPD as set forth in Staff Report No. KA-10-01. 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. 1677) is hereby amended by designating the property described above as R-5, Residential/Professional Office, on approximately 8,750 square feet of land. 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 take effect from and after 30 days of its passage by the City Council, PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 15TH DAY OF NOVEMBER, 2010. Tammi Fisher Mayor ATTEST: Theresa White City Clerk PLANNING FOR THE FUTURE October 26, 2010 .2i O T1'ANA Jane Howington, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Zone change request from R-3 to R-5 Dear Jane: Planning Department 2010 Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag: (406) 758-7739 www.kalispell.com/planning The Kalispell City Planning Board met on October 12th and held a public hearing to consider a request by Sherry Wheeler for a zone change on her property from R-3 (Residential) to R-5 (Residential/Professional Office). The property is currently a vacant lot, 8,750 square feet in size. The property is located on the south side of Liberty Street between the State Farm Insurance office located at the corner of Liberty Street and N. Meridian Road and 116 Liberty Street. The property can be legally described as lot 3 of block 7, Adams Addition located in Section 12, Township 28 North, Range 22 West. Sean Conrad, with the Kalispell Planning Department, presented staff report KZC-10-1 and reviewed the proposed zone change request. He recommended approval of the zone change based on surrounding zoning districts, land uses and compliance with the city's growth policy. At the public hearing the applicant spoke in favor of the zone change request. No one else spoke for or against the zone change and the public hearing was closed. During the planning board discussion several planning board members thought that the boundary for the R-5 zoning along Liberty Street should include the lot requesting the R-5 zoning but that this should be the last lot on this block to receive that zoning. The planning board members felt that the increased traffic patterns at the intersection of Meridian Road and Liberty Street made this particular lot suited for development other than a single family residence. The planning board also felt that this lot and the lot to the east make a good buffer between the residential lots to the west and Meridian Road. The planning board then acted on a motion to recommend the city council consider approving the zone change request. The vote to recommend approval was unanimous. Please schedule this matter for the November 1, 2010 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board � r John Hinchey President Attachments: Letter of transmittal Staff Report #KZC-10-1 and supporting documents Draft minutes from the 10/12/10 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Sherry Wheeler 4891 Highway 93 West Whitefish, MT 59937 WHEELER 1f FOR O r STAFF REPORT 0 KALISPELL PLANNING DEPARTMENT OCTOBER A report to the Kalispell City Planning Board and the Kalispell City Council regarding a zone change request from R-3 (Residential) to R-5 (Residential/Professional Office). A public hearing has been scheduled before the Kalispell City Planning Board for October 12, 2010 beginning at 7:00 PM, to consider the zone change request. The planning board will forward a recommendation to the Kalispell City Council for consideration and final action. s >, a @BA JIXOJ - a The property owner has requested a zone change from R-3 (Residential) to R-5 (Residential/Professional Office). There is existing R-5 zoning immediately east of the property and to the north across Liberty Street. The R-5 zoning in the immediate area includes only those lots adjacent to North Meridian Road. The property requesting the R-5 zoning is one lot removed from North Meridian Road. Planning staff has researched past zone changes from R-3 to R-5 in the immediate area dating back to 1995. The planning board and city council, in their findings in favor of the zone change requests, have found that because the properties were adjacent to North Meridian Road they would act as an appropriate buffer between the higher traffic anticipated on Meridian Road and the residential neighborhood to the west. The property included in the proposed zone change request does not front North Meridian Road. It does however have R-5 zoning immediately east and north of it. There is also an existing auto repair shop immediately south of the property. Therefore, there is merit in the request to rezone the property to R-5 given the proximity to North Meridian Road, surrounding zoning and land uses. However, the planning board and city council should carefully consider whether this property is appropriate for the R-5 zoning and consider whether this property is the last on the block to receive the R-5 zoning district. Figure 3 in this staff report is a map of the area and indicates the city's growth policy land use map designations over individual tracts of land. The map indicates that along this portion of North Meridian Road lots immediately adjacent to or within approximately 150 feet to the road are identified as being within an Urban Mixed Use land use designation. This land use designation supports the R-5 zoning district and other zoning districts such as RA-2 and most of the city's business zoning districts. The Urban Mixed Use designation includes the property requesting the zone change to R-5. However, the land use map and the associated land use designations are not intended to be hard and fast lines. The land use designation shown on the particular property may or may not be appropriate for that particular property or neighborhood. As an aside, the property is located in the Adams Addition subdivision. This subdivision was platted in 1958 and shortly after platting the subdivision the developers recorded a declaration of conditions, covenants and restrictions (CC&R's). Paragraph 2 of the CC&,R's states, "With the exception of lot # 1 in Block 1, no business, trade or manufacture of any sort or nature shall be conducted upon lots or building plots other than lot # 1 of Block 1." Lot 1 of Block 1 is currently zoned B-1 (Neighborhood Business) and is developed with two professional offices. Other lots within Adams Addition have been rezoned from R-3 (Residential) to R-5 (Residential/Professional Office) during the past 15 years. The CC&,R's are still in effect but it is up to the homeowners in the Adams Addition subdivision to enforce them. This has been done in the recent past when a developer requested the three lots immediately north of the project site be rezoned from R-5 to 13-1. The neighborhood protested the zone change in part by citing the CC&,R's. There is no evidence in the record found by planning staff that the neighborhood had concerns with the R-5 zoning being in conflict with the CC&,R's. Although future developers of the project site should be aware of the conflict with the CC&,R's, the city does not enforce CC&,R's. A. Petitioner / Owner: Sherry Wheeler 4891 Highway 93 West Whitefish, MT 59937 (406) 862-1521 B. Location and. Legal Description of Property: The property is currently a vacant lot, 8,750 square feet in size. The property is located on the south side of Liberty Street between the State Farm Insurance office located at the corner of Liberty Street and North Meridian Road and 116 Liberty Street. The property can be legally described as lot 3 of block 7, Adams Addition located in Section 12, Township 28 North, Range 22 West P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The property is currently vacant and is zoned R-3 (Residential). The R-3 zoning district is intended to provide lot areas for urban residential development. The district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. The zoning district requires a minimum lot size of 6,000 square feet and permits one single-family residence per lot. Figure 1: View of the property from Liberty Street looking south. D. Proposed Zoning: The proposed R-5 (Residential/Professional Office) zone permits single-family residences, duplexes and professional offices and has a minimum lot size requirement of 6,000 square feet. The R-5 zoning district is an urban residential district intended to accommodate professional offices where it is not deemed desirable to permit a more intensive business activity of a retail nature. The district serves as a buffer between residential areas and other commercial districts and should be associated with arterial or minor arterial streets. E. Size: The area proposed for the zone change contains approximately 8,750 square feet. F. Adjacent Land Uses and Zoning: The property is surrounded by a combination of R-3 and R-5 zoning districts. To the west lies an older single-family residential neighborhood zoned R-3. To the north properties have been rezoned to R-5 and now contain professional offices. To the east lies an insurance office adjacent to North Meridian Road, a 4-lane minor arterial road. To the south lies a single- family residence and an automotive repair facility. North: Professional Offices, R-5 West: Single-family home, R-3 South: Single-family home and automotive business, R-3 East: Professional Office, R-5 Figure 2: Aerial photo of site with existing zoning and surrounding land uses Current Zoning & Existing Land Use Wheeler Proposed Zone Change R-3, Residential to R-5, Residential/Professional Office 0 0.125 0.25 Miles G. Utilities and Public Services: All available public services and facilities are available to the property owner. A water and sewer main line is located directly 1. in front of the property within the Liberty Street right-of-way. There is adequate capacity within these main lines to accommodate future development of this property. Sewer: City sewer main Water: City water main Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: School District #S, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. Does the requested zone comply with the growth policy2 The Kalispell Growth Policy designates this area as Urban Mixed Use. This designation is typically extended to those areas undergoing a transition or which serve as buffer areas. In this case, North Meridian traffic continues to increase and the quiet single-family neighborhood of 20 and 30 years ago is changing. Typically uses anticipated for the Urban Mixed Use designation include, residences, offices and commercial units. 5 Figure 3: Area of zone change request with the Kalispell Growth Policy Future Land Use Map shown on the properties Current Zoning & Future Land Use Designated by the Kalispell Growth Policy Wheeler Proposed Zone Change R-3, Residential to R-5, Residential/Professional Office 0 0.125 0.25 Miles The growth policy future land use map designates the project site as Urban Mixed Use. Chapter 4, Land Use, of the Kalispell Growth Policy provides the following policies in the development of areas designated as Urban Mixed -Use: a. Encourage the development of compact, centrally located service and employment areas that provide easy connections between existing commercial and residential neighborhoods. b. Expand the depth of urban highway commercial areas as mixed -use corridors, in order to provide an alternative to continued linear commercial development, concentrate more intensive uses along traffic arterials, improve business district circulation and transportation efficiency areas, by secondary street access, provide flexibility for larger development sites, and expand small business opportunities. C. Avoid encroachment into established, intact residential areas. d. Allow a compatible mix of higher -intensity uses including office as well as some commercial and light industrial; medium and high -density residential and public facilities. The property requesting the zone change is close to an existing minor arterial street with immediate access to the adjacent city street capable of handling the additional traffic development the R-5 zoning district would require. For policy c listed above, the property requesting the zone change is on the fringe of an established residential neighborhood that has seen a change from residential homes to professional offices and an automotive repair shop over the last 50 years. Allowing the zone change to R-5 will permit either residential or non- residential development in the form of an office building, day care center or commercial school that will be in keeping with surrounding land uses and the city's growth policy designation of Urban Mixed Use. 2. Will the requested zoning district lessen congestion in the streets? Typically, an R-5 zone would be expected to generate a greater traffic flow than an R-3 zone. This particular property is located approximately 100 feet west of the intersection of Liberty Street and North Meridian Road. North Meridian Road is designated as a minor arterial in the Kalispell Growth Policy. Consequently, an R-5 located in such close proximity to North Meridian where the traffic artery is designed to accommodate increased traffic flows is a preferred location for R-5 development to occur in a location in the community where traffic capacities can be accommodated by the adjacent street system. As an R-3 zone the potential traffic generated from the property would be in the range of 10-15 vehicle trips per day. With a zone change to R-5 anticipated traffic generated from a professional office could rise to 10 - 50 vehicle trips per day. The additional traffic generated through the zone change is not excessive or impacting to the local system. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police and fire protection, water and sewer service are available to the area. There are existing city hydrants both east and west of the property. If future development includes an office building, the city building and fire codes will require the building to be brought up to commercial code standards. These standards help insure the public's safety from fire and other dangers. 4. Will the requested zone promote the public health, safety and general welfare? The proposed zoning will insure that the residential character of the neighborhood will be maintained. Although permitted uses for the R-5 zone includes professional offices, the size and scale of the offices will be limited due to the small size of the lot and need for off-street parking. The desirability of traditional single-family has declined for the properties immediately north, south and east of this property. An R-5 zoning district will provide a viable re- use of the property that will be in keeping with properties immediately adjacent to it and will serve as an added buffer to the residences further off of North Meridian Road. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land and avoid the undue concentration of people? The requested R-5 zoning district limits the property uses to residential or low impacting commercial uses such as a professional office or commercial school. Limiting the uses on the lot and requiring a maximum residential density of one dwelling unit per 3,000 square feet will prevent the overcrowding of land and avoid the undue concentration of people. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? There is a full range of public services in the area including water, sewer, fire and police protection and maintained city streets. All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 8. Does the requested zone give consideration to the particular suitability of the pr perty for particular uses? The property contains approximately 8,750 square feet, is level and does not contain any floodplain or other factors which would make the site difficult to develop. It lies just west of the intersection of Liberty Street and North Meridian Road, a 4-lane minor arterial street. The lot is already surrounded on three sides by non-residential uses. These factors make the requested R-5 zone both a complimentary use of the property given the surrounding land uses and a buffer for the single-family residences to the west. 9. The zone change considers that historical uses and established use patterns and recent changes in use trends will be weighed equally and consideration not be given to one to the exclusion of the other? The proposed R-5 is particularly suited for this neighborhood and for this particular property. The property lies within a mixture of uses including offices to the immediate north and east, an automotive repair shop to the south and single-family uses to the west. Land uses along North Meridian Road have been changing over the years away from traditional single-family to other uses less susceptible to impacts caused by adjacency to a minor arterial road. This property is one lot removed from North Meridian Road however the adjacent land uses on three sides of the property or non-residential uses. The primary intent of the R- 5 is to serve as a buffer and a transitional area. Rezoning this property to R-5 will achieve the intent of the zoning district and not negatively impact the adjacent neighborhood. 10. Will the proposed zone conserve the value of buildings? The proposed R-5 zoning would serve to buffer single-family residences to the west. It would also allow a viable re -use of the property, which could include a single-family home, duplex or professional office. New construction would be required to adhere to current building code standards. Non residential buildings will be required to undergo review from the city's architectural review committee before building plans are approved. The committee reviews the architectural style of the building and proposed landscaping to insure compatible development with the surrounding neighborhood. This in turn will help to conserve the value of buildings in the neighborhood. 11. Will the requested zone encourage the most appropriate use of the land throughout the municipality? This neighborhood has been greatly impacted by increased traffic along North Meridian Road since that road has been rebuilt to a 4-lane minor arterial. The R- 5 zone will allow this site to be economically re -developed and be maintained as a buffer to residential uses to the west. The future viability of this site for a single- family residence is gradually declining and with that typically will come a decline in upkeep and maintenance. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-10-01 as findings of fact and recommend to the Kalispell City Council that the zoning on the property be changed to R-5 (Residential/Professional Office). Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com / planning PETITION FOR ZONING MAP AMENDMENT NAME OF APPLICANT: 4 � e r K, L, / I/1 I"a k e-p— / .P MAIL ADDRESS: to 44 CITY/STATE/ZIP: e S INTEREST IN PROPERTY: G e PLEASE COMPLETE THE FOLLOWING: I C D E F, -S436 PHONE: ?6 a — l� a Address of the property: 116 4 O � r. 7 q -S+, Legal Description: (Subdivision Name, Lot & 9lock and/or Tract Number (Section, Township, Range) Ad S A"A-j+' T d )- 1 3 la(- 7 ag N (Attach sheet for metes and bounds) Land in zone change (ac) The present zoning of the above property is: - The proposed zoning of the above property is: 2 State the changed or changing conditions that make the proposed r 1 amendment necessary:21 aA-' u� HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy ���� � � �� ,� ���-- 3 _"� C. Promoting safety from fire, panic and oth4err /ydangers (�_ f'yj((/� a� It, 0 F Promoting the public interest, health, comfort, convenience, safety and general r G. Facilitating the adequate provision of transportation, water, sewage, schools, 2 H. Giving I J K sideration � the char, e , Prolecting and conserving the valu of building of the district e The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during approval process. 9)30)) pplic t Signature) (Date) 9 V N= 421 PAGE 2:63 IS Derlara:tim., ire thlE :3r4. d; 7 of July, 395t, by the uude—1 WHERU , the uaderx:: Sned is zhe over of cap. tuirn read prqperty kaa as ADAME SUBDIVISION,, aceardiar, tc, the recorded plat 'heraof it the records a,: Flathead County, lion'tar na ; Mid 'W4er &S the Sartd2la,i.90a d 1f; douiromv of a ub *cti-A tht sa ii rya l property to the xeatrictiona,' c:ovau►uts and re serrat.ionc. herainal tox set fsarth, each and all of 'aalli Is and .,are .for than .)xmeftt of said property and for each ovuer thereof, and shr ill iuure to than bauef it of au4_ pasg; viria seL property, and arch ar& evary perzel thereof, ;rind shall arplY ta0 e, bimd the nuacessa rs in _.. iutera st and ary ovuer tbar'fleaf;} NOW Th-EWORE, .LESS R. ANS and. I'a FAL ADAMS , his V te,, be"j, th& owner f a!! of the r*&,l pr*pert kua ; as ADAMS SURDIVIS1€ K, :aearard tug to the x'+t eardc-d pi -at thereof ir, the r*curds of 'Flathead Cauuty, mo tan., hereby ditc 1gre that the said real property- 1s, and -s-hall, haldA tra usfarr ., sold and coaveyvd a atbJezt to t cand tiDtw, restriet a 6, co -A aant.-&, and reewrvations hera ivafter sot forth; come-itio7Cz and t freh are d"i .tc to prvvidt z unif0mr, Pl f the dew llapment of the vhcie of said platted assibdiv ion; PARWRAPR 1 4U1 persons or vho or shall hereater arsq iry any iutere st it and to the Y=PeTtY shall be to Ueu aud helk to agree aaaud "venauts With thO Oa ern Of the lata~ dot as,4�_. oubasivi_Ojorj and with their heirs,, sua cesasers Amd ass4nv-, tv a aaC, -arz tv and a hserve the f'01110ving covaua ats.• nevts.iactia, .d a€rudj�j Jauz as to the use thereulf and tm to than eanBtructiaar of siugilt fo p dwallinV and ia:roveneaats therso pARAG E With Vgje emt"tjon of .apt fll iu jlinsak 1, no b"itwas, tr&d*, .aft' a aufa a tury of ,guy sort or nature ill be conducted upon lots or bu long plets other tha u Twat ft of Slack L PARAGI:f".vH da: No zwjue, gasto, .horzes, or caws shall be perwritt oe id pramioes. nor att4ll any doge or anther pets be raised or cared fvr oa sawi4 premises t a;i commercial basis. PAX&GRAPE 41 said lot, or lots shall branimproved m!Y by the erectios of a one -family dwelling hurt awaast.7ructei of new MateZials together with the usual outbuildings, including a priNate garage d.a- vigu d for not over two a ut+ abilez, and exr-ludiug ar, outride toilet. No o14 buildings, whether inteudod for 'r7" it vholo or iz part as the maj- T-asident al structure or for use as a garage or other outiMildi-49, shall be movaad upon said pra miles -I- BOM 42i PAGE 26B PARAMPE 5: No structure of a tempnxyry 6harawary traileu havemenn tent, Shadwo jaragat bam or other Qutlaulldiug sha'll 'be used 01 any lut at avy Wur an e revideure" either tapporerily or parvmuently laor shall any ransiential at-ructure be otaupied for residential purposes VUKI complete fizished. PAIAGWE V V, taxiown or Uffeusive zativity shall be aarriei an upa,zj a -o any :L nything be Advane theraor. Vhieh Mfjy 1se Aar Inuar-T I nor stail beeame at annoyauce or suizanae tv At dwelliug SAW 10 Perma-ttec Or-' aR 10*1 Yr lots whiek jjaw ground Wor area Of: tht -structure which ir, Mesa than nine hundrof C900) square Met, exclusive of MAW patios, ZVI attathed garages. PALACIAPE 6 - No buildiag all !AP- laclated On MY zazidentia3l- bujiding plot nearer shau W f eet 00 the froat low line nor tharl 10 ject to azF Ae street line, uor uearar than 5 Met to MY WAe lut line * No detached garage ShUS1 Q joamted waaxer than 75 f aem f ram rtlhm f rent Mt line ff There AM be a rear Tozz, next t* Me alley or rear of W& lvt� UMVIng a depth of not less the 25 feet. GENURAL PROUSIONO FAWRAPE 14 These avreumuss = to ruU VW SM :.and Wd fhall A bludtng aD all paxtiat a0d all PezvOug vleimiul vudar "M "T 0 Per"d of zwzuty-f zve (25) years fraw the date the eavenamtE We recordea, after Whieh true SaY Covenants automMUMI-Y SM1111 be extended :ivy successive per iats ol tet (10) yeers as lems th-ange ir, xWO on- in &Xt az hereafter stated. PAWRAPH 2: These covenants Upy he chwagk In whole Or K Wt at any time by an imstrunant in writjug, stgued by a =wjzUty of the MCA= vvuers of the latg affectoi thereby, zeaordaA 1z the office Of the CILrk amd Recorder of Flathaad county, Mostaua. MAMIE 3: Thepe covenants and re9trictions W he enforced by avy lot avmer by proceedlags at jav 0jr iv equity against avy pexron or persons vlobateg or attempting to Nriv—late QMY c0v0U-&1,-t, either tv reztraiz violat1hp, or tO recOver dew wagas- PARARNER Q !TWrlidatian of =Y vim of A= COvOnAnts by Judg- Ment or court orter all in pja ways affect any of the othex provisions utich Wall remaiz A full force and aff=, IN WITKEss WREEBUF� vt have het to set our hand$ this 23-re, day of july, A. 5IGNED, SLAW AD hCUOULEMM, -2- M90'2'� PLANNING FOR THE FUTURE MONTAUVA Date: September 9, 2010 To: Kalispell City Departments and other agencies From: Sean Conrad, Senior Planner Re: October Planning Board Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Tax: (406) 758-7739 www.kalispelt.com/planning The Planning Department has received the following applications for review at the October planning board meeting: A request by Carol Brannan and Natalie Molter for a conditional use permit to operate a dance and yoga studio in an existing building zoned R-5 (Residential/Professional Office). Classes will generally be held between the hours of 8:00 a.m. and 9:00 p.m. Monday through Friday with morning classes held on some Saturdays. The dance studio is proposed within an existing building addressed as 42 Bruyer Way. The property where the building is located is approximately 0.46 of an acre in size and can be described as lot 3 of Buffalo Stage Professional Park located in Section 31, Township 29 North, Range 21 West. 2. A request by Sherry Wheeler for a zone change on her property from R-3 (Urban Single Family Residential) to R-5 (Residential/Professional Office). The property is currently a vacant lot, 8,750 square feet in size. The property is located on the south side of Liberty Street between the State Farm Insurance office located at the corner of Liberty Street and N. Meridian Road and 116 Liberty Street. The property can be legally described as lot 3 of block 7, Adams Addition located in Section 12, Township 28 North, Range 22 West. If your office has any comments on the proposed projects please provide them to me by September 24, 2010, so I can include them in my staff report. c: w/attachments: Jane Howington, City Manager Public Works Department Jeff Clawson, Plans Examiner Chad Fincher, Parks Superintendent Charles Harball, City Attorney Roger Krauss, Assistant Police Chief Dan Diehl, Fire Chief P.J. Sorensen, Zoning Administrator Katharine Thompson, Community Development James Freyholtz, Kalispell MDT office Eagle Transit Principle, Edgerton School r the undersigned certify thatdate .. landownersil via First Class Mail a colD—V rf the attached notice to the following list of .,., i-yroperty lines. ,- ..- change Date: t • a i Fnt • t. Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planninj4 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 coptact this office at, (406) 758-7940 for additional information or visit our website at www.kalispell.com/planning under "Planning Board Projects". Written comments may be submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at planning(c,)kalispell.coin. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION October 12, 2010 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, October 12, 2010, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make a recommendation to the Kalispell City Council who will take final action. A request by Carol Brannan and Natalie Molter for a conditional use permit to operate a dance and yoga studio in an existing building zoned R-5 (Residential/Professional Office). Classes will generally be held between the hours of 8:00 a.m. and 9:00 p.m. Monday through Friday with morning classes held on some Saturdays. The dance studio is proposed within an existing building addressed as 42 Bruyer Way. The property where the building is located is approximately 0.46 of an acre in size and is immediately east of Edgerton School between the school and Whitefish Stage Road. The property can be described as lot 3 of Buffalo Stage Professional Park located in Section 31, Township 29 North, Range 21 West. 2. A request by Sherry Wheeler for a zone change on her property from R-3 (Residential) to R-5 (Residential/Professional Office). The property is currently a vacant lot, 8,750 square feet in size. The property is located on the south side of Liberty Street between the State Farm Insurance office located at the corner of Liberty Street and N. Meridian Road and 116 Liberty Street. The property can be legally described as lot 3 of block 7, Adams Addition located in Section 12, Township 28 North, Range 22 West. The Kalispell Parks & Recreation Department is requesting an amendment to the city codes to include a landscape ordinance. The landscape ordinance will address landscape activities both in the public right-of-way and on private property. The purpose of the ordinance is to address deficiencies in our current regulations and at the same time consolidate regulations already existing in other parts of the city code. Sherry M. Wheeler Albert Lenon Donald & Bonnie Buckallew 4891 Highway 93 West 630 W Arizona Street, # 1 896 N Meridian Road Whitefish, MT 59937-8630 Kalispell, MT 59901 Kalispell, MT 59901 Glacier Continental Corporation Beargrass Holdings, LLP North Meridian Partners, LLC 1066 N Meridian Road, Ste A P.O. Box 7505 209 Smalls Lane Kalispell, MT 59901 Kalispell, MT 59904 Kalispell, MT 59901 Don Brown Toni Cancilla Jason Young 68 Cloverview Drive 194 Rosewood Drive 116 Liberty Street Helena, MT 59601 Kalispell, MT 59901 Kalispell, MT 59901 George & Pauline Kinniburgh Jeffrey & Katherine Heider Steen & Laura Bachman 205 Rosewood Drive 232 S Meridian Road 195 Rosewood Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 BNC Partners, LLC Solum Enterprises, LLC Larry & Becky Walling 1095 Helena Flats Road 33 W Northview Loop 209 Rosewood Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Gina S. Carpenter Meridian Pointe, LLC Jerry & Helen Gould 1034 7th Street West 6238 Golden Eagle Way P.O. Box 280 Whitefish, MT 59937 Billings, MT 59106 Kila, MT 59920 Eric Daniels Marlene Fifield Montana Rentals, LLC 401 Baker Avenue P.O. Box 7696 P.O. Box 7505 Whitefish, MT 59937 Kalispell, MT 59904 Kalispell, MT 59901 Vendita Properties, LLC P.O. Box 5032 Kalispell, MT 59901 ALEGA L_'NoT Es -,No.:i'7044 NOTICE�OF PUBLICtHErAR- '1NG" KALISP,ELL CITY. PLANNING - I.;BOARD" A,ND;ZONING'"C'.OM- ,Documents ,pertaining ,to the genda�items are�on,file=for,pub- e iRsp.Qetlon at the rKallgpell Iannleg1Department '201 YFirst aVenue'zCast,'Ka?IispelL IMT 9.o01r�a-d, tlazVcaUable-fv'r g�fie�„of- de�lio[7>;sin adstlfl�z�lrafo`Grti;�• on von is ag`ertdu-ifi'e'm is osted on cour,'wobslte,:at ww kalis- ppell.comlplannirjg;un- er 'P.Iannin 'IBoar, dtRrofectslr ': . Interested persowaresencour- Ied 'to';'atte'h&th0h, earing„and ake'Aheirwiews and-'conce.ms 9:6xv,n tolthe'Board:°Written STATE OF MONTANA FLATHEAD COUNTY VIT OF PUBLICATION m .y1caliu.,us,�t«(4,Uti:) jb6,1,94u;ELLE ROONEY BEING DULY ore mail us at planntngC�?kalls pelf oom for additional tnforma <�N DEPOSES AND SAYS: THAT HE IS THE ..L CLERK OF THE DAILY INTER LAKE A !s/�homas R Jentz �iomas.R:llentz 'Y NEWSPAPER OF GENERAL CIRCULATION, fannlq9�& ¢�)(dlpg,Direotor�� AND PUBLISHED IN THE CITY OF �sapt-2s,.:aofo SPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 17044 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES Of Sept. 26, 2010. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Cat -------------------------- ---- - -- ------ DOROTHY I. GLENCROSS NOTARY PUBLIC for the State of Montana Residing at Kalispell, Montana My Commission Expires September 11, 2013 bed and sworn to me this SSeeptemlrber 27, 2010 Dorothy I. GlenMoss Notary Public for the State of Montana Residing in Kalispell My conu-nission expires 9/11/2013