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6. Ordinance 1543 - Zone Change - Potthoff, Allison and Executive Plaza Partnership - 1st ReadingREPORT TO: FROM: ,YJ_1110144A MEETING DATE: Tri-City Planning Office 17 second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@cen to rytel. net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager Potthoff, et al Zone Change Request from R-4 to RA-3 — First Ave East and Fifth Street East July 5, 2005 BACKGROUND: This is a request by several property owners on the south side of Fifth Street East between. Main Street and Second Avenue for a change in zoning from R-4, Two Family Residential, to RA-3, Residential Apartment / Office, on approximately 0.65 of an acre_ This district is intended primarily as an office district to allow certain limited business and professional office uses. This district should serve as a buffer between the commercial district and adjacent residential areas and shall be located within or adjacent to business corridors, shopping islands or the central business district. The properties where the zone change is proposed are already developed with professional offices specifically dental and law offices. These offices exist as nonconforming uses and are restricted with regard to changes to the building and property. The change in zoning will bring the properties into compliance with regard to the use. Immediately to the north is the central business district as well as other RA-3 zoning. The Kalispell Planning Board held a public hearing on June 14, 2005. Chad Wold, representing the applicants, introduced himself briefly and explained their proposal. No one else wished to speak and the public hearing was closed. The board noted that the buildings are nice and consistent with the architecture of the neighborhood and this proposal makes sense. A motion was made to recommend to the Kalispell City Council that the request for a zone change from R-4 to RA-3 be approved which passed on a unanimous vote. RECOMMENDATION: A motion to adopt the first reading of the ordinance approving the zone change from R-4 to RA-3 would be in order FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls PotthofF et al Zone Change from R4 to RA-3 June 28, 2405 Page 2 James H. Patrick City Manager Report compiled: June 28, 2005 c: Theresa White, Kalispell City Clerk TRANSMIT/ KALISPELL/ 2005I{ZC05-4MEMO. DOC ORDINANCE NO. 1543 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOTS 1, 16,17, AND 18 IN BLOCK 84 AND LOTS 1, 2, AND 3 IN BLOCK 85, KALISPELL ORIGINAL TOWNSHIP IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R4, TWO FAMILY RESIDENTIAL) TO CITY RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Ronald B. Potthoff, Bruce A. Allison and Executive Plaza Partnership, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be rezoned RA-3, Residential Apartment/Office, and WHEREAS, the property is located on the south side of Fifth Street East between Main Street and Second Avenue East, and WHEREAS, the petition of Ronald B. Potthoff, et al. was the subject of a report compiled by the Tri-City Planning Office, #KZC-05-4, dated June 7, 2005, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned RA-3, Residential Apartment/Office, as requested by the petition., and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned RA-3, Residential Apartment/Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-3, Residential Apartment/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 TCPO as set forth in Report No. KZC-05-4. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27,02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as RA-3, Residential Apartment/Office. SECTION 11. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final Passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 18TH DAY OF JULY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity [r eenturxtel.net www.tricitypianning-mt.com June 28, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Potthoff, Allison, Executive Plaza Partnership - Zone Change Request from R-4 to RA-3- Fifth Street East and Fifth Avenue East Dear Jim: The Kalispell City Planning Board met on June 14, 2005 and held a public hearing to consider a request by Ronald Potthoff, Bruce Allison, and Executive Plaza Partnership for a change in zoning from R-4 to RA-3. This property lies on the south side of 'Fifth Street East between Main Street and Second Avenue East. The RA-3 zoning district is intended primarily as an office district to allow certain limited business and professional office uses and should serve as a buffer between commercial district and adjacent residential areas and should be located within or adjacent to business corridors, shopping islands or the central business district. The area proposed for rezoning is 0.65 of an acre. Narda Wilson, with the Tri-City Planning Office presented staff report KZC-05-4 and evaluated the proposal. The staff recommended approval of the zone change request based on the fact that the properties are already developed with professional offices specifically dental and law offices and exist as nonconforming uses and are restricted with regard to changes to the building and property. The change in .zoning will bring the properties into compliance with regard to the use. Immediately to the north is the central business district as well as other RA-3 zoning. During the public hearing Chad Wold, representing the applicants, spoke in favor of the zone change and no one else spoke either in favor or in opposition to the request. After the public hearing, the board discussed the proposal and found the request reasonable. A motion was passed on a unanimous vote to forward a recommendation to the city council that the change in zoning from R-4 to RA-3 be granted. Please schedule this matter for the July 5, 2005 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia palls • City of Whitefish • Zone Change - Potthoff, Etal June 28, 2005 Page 2 GT/ ma Attachments: Staff report KZC-05-4 and application materials Draft minutes 6/ 14/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Ronald Potthoff, 505 First Avenue East, Kalispell, MT 59901 Bruce A. Allison, 150 Fifth Street East, Kalispell, MT 59901 Executive Plaza Partnership, 50 Fifth Street East, Kalispell, MT 59901 Douglas Wald, Wold Law Firm, P.O. Box 400, Polson, MT 59680-0400 TRANSIT+IIT\KALISPEL\20o5\KZC-o5-4 Potthoff Zone Change - Potthoff, Etal June 28, 2005 Page 3 WMIBIT A POTTHOFF, ALLISON, EXEUTwE PLAZA PARTNERSHIP, KZC-05-4 ZONE CHANGE FROM R-4 - RA-3 LEGAL DESCRIPTION JUNE 14, 2005 The property is described as. Lots 1, 16, 17, 18, Block 84 and Lots 1,2, 3, Block 85, Kalispell Original Township, a platted subdivision in Section 18, Township 28, Range 21 West, P.M.M., Flathead County, Montana. POTTHOFF / ALLISON / EXECUTIVE PLAZA REQUEST FOR ZONE CHANGE FROM R-4 TO RA-3 TRI-CITY PLANNING OFFICE STAFF REPORT #KZC--05-4 JU'NE 7, 2005 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a zone change request from R-4 to RA-3. A public hearing has been scheduled before the planning board for June 14, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final, action. BACKGROUND INFORMATION The applicants are proposing to amend the Official Kalispell Zoning Map on several parcels from the existing R-4, Two Family Residential, to RA-3, Residential Apartment / Office. A. Petitioners and Owners: Ronald B. Potthoff 505 First Ave East Kalispell, MT 59901 Bruce A. Allison 150 Fifth Street East Kalispell, MT 59901 Executive Plaza Partnership 50 Fifth Street East Kalispell, MT 59901 (406)751-5246 Technical Assistance: Douglas Wold Wold Law Firm P.O. Box 400 Polson, MT 59860-0400 B. Location and Legal Description of Property: The property proposed for rezoning lies on the south side of Fifth Street East between Main Street and Second Avenue East. The property can be described as Lots 1, 16, 17, 18 Bloch 84 and Lots 1, 2, 3, Bock 85 Kalispell Original Township in Section 18, Township 28, Range 21 West, P.M.M., Flathead County, Montana. C. Nature of Request and Proposed Zoning: The properties are being proposed for a change in zoning from R-4, Two Family Residential, to RA-3, Residential Apartment / Office, on approximately 0.65 of an acre. This district is intended primarily as an office district to allow certain limited business and professional office uses. This district should serve as a buffer between commercial district and adjacent residential areas and shall be located within or adjacent to business corridors, shopping islands or the central business district. The properties where the zone change is proposed are already developed with professional offices specifically dental and law offices. These offices exist as nonconforming uses and are restricted with regard to changes to the building and property. The change in zoning will bring the properties into compliance with regard to the use. Immediately to the north is the central business district as well as other RA-3 zoning. D. Size. The area proposed for rezoning contains approximately 0.65 of an acre and generally consists of a total of four city lots with one lot lying on the southwest corner of Fifth Street East and Second Street East, one and a half lots on the southeast corner of Fifth Street East and First Avenue East and one and a half lots located on the southwest corner of Fifth Street East and First Avenue East. E. Existing Land Use: These properties are currently developed with a single office building on each of the three properties proposed for rezoning. All of the existing uses are nonconforming under the current R-4, Two Family Residential, zoning district which does not allow office uses as either a permitted or conditionally permitted use and are thereby restricted to any alterations. F. Adjacent Land Uses and Zoning: North: Offices, personal services, residence; City S-4 and RA-3 zoning East: Residential, R-4 zoning South: Residential, R-4 zoning West: Offices and personal services, S-4 zoning G. General Land Use Character: The general land use character of this area is a mix of residential, office, general commercial and retail. The areas south and east of these properties are residential in nature and have good integrity. The areas to the north and to the west are commercial in nature and are the core areas of Kalispell. H. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyTel Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell I. Relation to zoning requirements: with regard to lot size, the property meets the mainirmim lot size requirement of 7,000 square feet for lots in the proposed RA-3 zoning districts. The property has no subdivision potential but this rezoning would allow some remodeling of the buildings and limited expansion provided that new parking could be created off -site. It appears that the buildings r. may not meet the setback requirements of the RA-3 zoning district, but neither would they meet the setbacks of the existing R-4 zoning requirements. This zone change will bring these properties into compliance with zoning with regard to use, i.e. the RA-3 zoning district proposed would allow the existing offices as a permitted use while the R-4 zoning district is primarily residential and does not allow office buildings. Reaction of Nearby Property Owners A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, one comment was received by the staff that supports the zone change and would like to be included in the proposal for rezoning. However, inclusion of further properties would require an additional public hearing and notification of surrounding property owners. EVALUATION BASED ON STATUTORY CRITERIA The: stafititory basis for reviewing a change in zoning is set fnrth by 7Fi-7-9.ns 1\4 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 area is within the boundaries of the Kalispell Growth Policy 2020 and could be considered part of the core area of Kalispell and the Central Business District. This area is designated as Commercial, Urban Mixed Use and Urban Residential. The proposed rezoning can be considered to be in substantial compliance with the goals and policies of the growth policy and the manner in which this area is anticipated to develop. 2. is the re uested zone desi ed to lessen congestion.. in the streets? The uses allowed under the proposed rezoning could potentially generate more traffic than those allowed under the existing R-4 zoning. However, the existing uses are in place and it is unlikely that there would be any additional impacts to the street, traffic, traffic circulation, or traffic conflicts as a result of the proposed rezoning. Additional traffic would be minimal that may result from the expansion or modification of the existing uses on the property. 3. Will the re uested zone secure safet from fire panic, and other dangers? Access, fire suppression and circulation in the area are adequate to secure the area from fire, panic and other dangers which might compromise the safety of the public. Rezoning will not affect the risk and safety factors which might be associated with this property. 3 4. Will the requested change promote the health and general welfare? The health and welfare of the community would not be compromised as a result of rezoning this property since it is generally consistent with other uses in the area. There would otherwise be an insignificant impact on the general health and welfare of the community with regard to the rezoning of this property. S. Will the re uested zone provide for adequate light and air? Adequate light and air would be provided since the existing buildings if modified would have to comply with the setbacks, building height, parking requirements and development standards of the district. The buildings and subsequent uses will not impact the need for adequate light and air. 6. Will the requested._ zone prevent the overcrowding of land or undue concentration of people? The rezoning would provide a greater flexibility in the use of the property and would allow the property owners to modify, expand or alter the existing buildings within the rules and regulations that would apply to the property through the zoning, building and fire codes. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools arks and other public requirements? All public services and facilities are available to this site such as fire protection, police protection, schools, parks and recreation and a good transportation system. Adequate services can be provided to accommodate the development of these lots. 8. Does the re uested zone give consideration to the particular suitability of the -property for Taarticular �uses? Currently this property is being used as professional offices and would not be significantly altered as a result of this zone change. There are similar uses immediately to the north of these properties with a commercial or office zoning designation. The rezoning is consistent and compatible with ether zoning and uses in the immediate area. The requested zone change gives adequate consideration to the suitability of the property for uses allowed in the RA-3 district. 9. Does the requested zone give reasonable consideration to the character of the district? The character of the area is a mix of residential, business, and office type uses. It is unlikely that this area will continue to transition or expand to a more office oriented use primarily because of the good integrity of the neighborhood, the generally local volumes of traffic and well established residential character N of the area. The requested zone is consistent with the uses in the area. 10. Will the proposed zone conserve the value of buildings-? The value of buildings in the area would be generally unaffected by this change in zoning since the zoning would be consistent with the uses in place. The uses are anticipated to be a continuation of office uses that would be consistent and compatible with other buildings and uses in the area which are primarily offices, limited commercial and residential in nature. ll. Will the _requested zone encourage the most appropriate use of the land throughout the jurisdiction? The plan for this area designates the area as Commercial, Urban Mixed Use and Urban Residential anticipating the uses existing and proposed. The .zoning in the area and the requested zoning are consistent with the anticipated development in this area. The proposed zoning encourages an appropriate and reasonable use of land in the area and throughout the planning jurisdiction. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KZC-05-4 as landings of fact and recommend to the Kalispell City Council that the requested zone change from R-4 to RA-3 be granted. :\... \xzc\05\Kzco5-4 ATTORNEYS AT LAM' DOt;GLAS J. WOLD CHAD M. WOLD LESLIE AtVN BI9DFWITZ (ALSO ADNUFTED IN WASHLNGTON) TODD D. GLAZIER (AL&) AD6IITT8D IN IDAHO) SWITHLN S. McGRATH OF COUNSEL GARY D. RICE (A150 ADMITTED IN CALIFORNIA) STEPHANIE L. WALLS (ALSO AL)kHrrED IN T"AS April 21, 2005 Tri-City Planning Office 17 Second St. East, Suite 211 Kalispell, MT 59901 Phone: 406 751 1850 Fax: 406 751 1858 Attn: Narda Wilson Re: Petition for Zoning Amendment (1) Ronald B. Potthoff 505 1 �t Avenue East 10% D�.,rd am A All;--. k4) uI uCe r. I 150 5th Street East (3) Executive Plaza Partnership 50 51h Street East Dear Ms. Wilson: REPLY TO: 218 FIRST STREET EAST POST OFFICE BOX 400 POLSON, MONTANA 59860-0400 0 REPLY TO; 19 MAIN STREET POST OFFICE SOX 1700 KALISPELL, MONTANA 59903-1700 Thank you for meeting with me to discuss this proposed zoning amendment, on behalf of my client, Ronald B. Potthoff, DOS and also Bruce A. Allison and the Executive Plaza Partnership. As you know, Dr. Potthoff operates a dental office, and both the Allison and Executive Plaza properties are occupied by lawyers. The three properties are essentially contiguous as shown by the map attached to the Application. All property owners are joining in this Application to change their zoning from R-4 to RA-3. Please consider this a single Application. Following your instructions and those of the zoning regulations, I am enclosing the following: • Petition for zoning amendment • A check for $500 payable to Tri-City Planning Office. • A map showing the location of the subject properties. +► A certified list prepared by the Flathead County CIS department. POLSON OFFICE: (406) 883.2500 FAX (406) 883.3271 KALISPELL OFFICE: (406) 752.2500 FAX (406) 752-2512 of the names and mailing addresses of all property owners within 150 feet of the subject properties. No title report is submitted as per your instructions. The purpose of this application is to request a rezoning of the subject property from R-4 to RA-3. The subject properties are used as professional offices, and although zoned R-4, are located on the boundary of the B-4 business core. This proposed change to RA-3 will make an orderly and desirable transition between B-4 and R-4 uses. We are hopeful that this matter can be presented to the Planning Board at its May 2, 2005 meeting. Thank you for your very courteous and helpful assistance. Sincerely yours, WQLD LAWFIRM, P.C. Douglas J. Wold Cc (wt end): Dn Potthoff Pat Sherlock, Executive Plaza Robert Allison Tri-('itv Planning (lff op 17 Second St. East, Suite 211 KaiispeH, MT 59901 Phone: 406 7511850 Rag: 406 7511858 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 1. Name of Applicant: Ronald B. Potthoff 2. Mail Address: 505 15t Avenue East, 3. City: Kalispell, MT 59901 Phone: 755 5280 4. Interest in Property: Owner 5. Zoning Map Amendment: x Zoning Tent Amendment: NIA If the request pertains to an amendment to the text of the zoning regulations, please complete the following: N/A If the request pertains to an amendment to the zoning map, please complete the following: A Ae4rirncc CZCRr- Ist Axtnrtiin i=-nrf EenUennii RAT iZQ0t'1.1 f-%. l IaJ V%i 1 "VGI IUG ""%Jtt IVI A VJ.JV I B. Legal Description: Lots 16, 17, .and 18, Block 84, City of Kalispell, Flathead County, Montana, C. The present zoning of the above property is: R-4 D. The proposed zoning of the above property is: RA-3 E. State the changed or changing conditions that make the proposed amendment necessary: Existina commercial use is in a residential zone (R-4) adiacent to the downtown B-4 zone. This zone change is requested to_ permit an addition to the existing structure and to broaden the potential use of the property consistent with the uses permitted by RA-3 zoning. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan: By creating an office buffer between the downtown core (B-4 zone and the residential zone (R-4). B. Lessening congestion in the streets and providing safe access: Zone chap es would allow addition to the structure with on -site required arp kind C. Promoting safety from fire, panic and other dangers: changes to RA-4 use would allow new construction to meet building codes. D. Promoting the public interest, health, comfort, convenience, safety and genera] welfare: Chan es and additions to buildingwould corn ] with ADApaved parking, apl2licable building codes and all life and safety regulations. E. Preventing the overcrowding of land: Change of use to a RA-3. use would create a desirable transition -apartment/office zone between B-4 and R-4. F. Avoiding undue concentration of population: Change of use to a RA-3 use would create a desirable transition a artment/office zone between B-4 and R-4. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities: Change of use to a RA-3 use would create a desirable transition apartment/off ice zone between B-4 and R-4. R Giving reasonable consideration to the character of the district: Existing structure is a turn -of -the -century residence used as a dental office. Any changes to the building would maintain its current style. I. Giving consideration to the peculiar suitability of the property for nartir.� �[ar i�r Thp Ri»+. -,hanp anri stela of thiG hi fildinn and its aS a dental office provides a desirable transition between the business core and residential zone. An addition to the existing structure would maintain its traditional style. J. Protecting and conserving the value of the buildings: Any additions to the dental office would maintain the building's current style. K. Encouraging the most appropriate use of land by assuring orderly growth: The chap e of use would allow the existing structure to expand per zoning and current building codes and allow the use of all three lots with required Parking and landscaping. ■rwrr��rrrr■rrrrrarrrrr�rrrrrrs■■raarrrrwrrr■rNrrrRrr�rrrrrrMrrrrraarrrrrE The signing of this application signifies approval for Tri-city Planning staff to be present on the property for routine monitoring and inspection during approval process. 1 Ronald B. Potthoff, DDS` Date 3 Tri-City Plannine Office 17 Second St. East, Suite 211 Kalispell, MT 59901 Phone: 406 7511850 Fax: 406 7511858 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 1. Name of Applicant: Executive Plaza Partnership 2. Mail Address: 30 5th Street East 3. City: Kalispell, MT 59901 Phone: 752 6500 4. Interest in Property: Owner 5. Zoning Map Amendment: x Zoning Text Amendment: N/A If the request pertains to an amendment to the text of the zoning regulations, please complete the following. N/A If the request pertains to an amendment to the zoning map, please complete the following: d Qririrncc^ 'fl r,1h �traafi Fact Wnficnatt NAT ggci i B. Legal Description: West 53.3 feet of Lots 1, 2 and 3, Block 85, City of Kalispell, and the East 86.7 feet of Lots 1 2 and 3 Block 85 Ci!Y of Kalispell, Flathead County, Montana. C. The present zoning of the above property is: R-4 D. The proposed zoning of the above property is: RA-3 E. State the changed or changing conditions that make the proposed amendment necessary: Existina commercial use is in a residential zone (R-4) adiacent to the downtown B-4 zone. This zone change is requested to broaden the potential use of the property consistent with the uses permitted by RA-3 zoning. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan: By creating an office buffer between the downtown care fB-4 zoned and the residential zone(R-4). B. Lessening congestion in the streets and providing safe access: Zone changes_wouldreguire off-street parking. C. Promoting safety from fire, panic and other dangers: changes to RA-3 use would require new construction to meet building codes. D. Promoting the public interest, health, comfort, convenience, safety and general welfare: Change of use to a RA-3 use would allow the provision of perTnitted services between the downtown core district and the residential district. C ©......�..tinry the r�i.nrr.rr.�ar.li.�.. n# I ,,A- C�i.....r .. ..# . �. +.. .� ©A1 7 [A L. f-iGYCII€Il ll. €FIG VYCil Iri VVY�„111 ILU. VI IQIIU. ViIQllµEr VI U.�7Cr lV Q flE-1'"V Use woulu create a desirable transition apartment/off ice zone between B-4 and R-4. F. Avoiding undue concentration of population: Change of use to a RA-3 use would create a desirable transition apartment/off ice zone between B-4 and R-4. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities: Chancre of use to a RA-3 use would create a desirable transition a artmentloffice zone between B-4 and R-4. H. Giving reasonable consideration to the character of the district: Change of use to a RA-3 use would create a desirable transition apartment/off ice zone between B-4 and R-4. 2 I. Giving consideration to the peculiar suitability of the property for particular uses. The size, shape and_style of this building and its use as a professional office provides a desirable transition between the business core and residential zone. Any addition to the existing structure would maintain its traditional style J. Protecting and conserving the value of the buildings: Any additions to the office would maintain the building's current style. K. Encouraging the most appropriate use of land by assuring orderly growth: The change of use would allow the existing structure to expand per zoning and current bujJdjnQ codes and allow the use of the subject propewith required.parking and landscaping. The signing of this application signifies approval for Tri-city Planning staff to be presentxwiAhe property for routine monitoring and inspection during approval Execu e Plaza Pa i er , ` - V I /IC y• Authorized Partner Date 3 TH-City Pisnaing Office 17 Second St East, Suite Z11 Kalispell, NIT 59901 Phone: 406 7511850 Fax: 406 7511858 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 1. Name of Applicant: Bruce A. Allison individually and as surviving joint tenant of Arretta D. Allison 2. Mail Address: 150 5t' Street East 3. City: Kalispell, NIT 59901 Phone: 755 B666 4. Interest in Property, Owner 5. Zoning Map Amendment: x Zoning Text Amendment: NIA If the request pertains to an amendment to the text of the zoning regulations, please complete the following: NtA If the request pertains to an amendment to the zoning map, please complete the fallowing: A. Address. 150 a'h Street East Kalispell MT 59901 B. Legal Description_ Lot 1 Block 64 CU of Kalispell. flathead County.„ Montana, C. The present zoning of the above property is: R-4-4 D. The proposed zoning of the above property is: RA-3 E. State the changed or changing conditions that make the proposed amendment necessary: Existing commercial use is in a residential zone (R-4) a,diacent to the downtown B-4 gone. This tong change is re uested to broaden the_potential use of.the Drooerty consistent with the ses. ermitted by HA-3 zoning. HOW WILLINF, PRQPOSED C;t%NQE ACCOMPj SH THE INTE T AND PURPaSE vF: A. Promoting the Master Plan: B creating an office buffer between the downtown Core 8-4 zone and the reside tlal zone R-4 . S. Lessening congestion in the streets and providing safe access: Zone Phan es would re uire off --street parking. C. Promoting safety from fire, panic and other dangers: changes_to RA-3 -use would re uire new construction to meet buillin codes. Q. Promoting the public Interest, health, comfort, convenience, safety and general welfare: Change of„use to a BA-3 use would allow the provision of germitted services between the downtown care district and the residential district. E. preventing the overcrowding of land: Chanae of uSe to_�RA-3_use would. create a desirable tea sition a artmerit/offJce zv a between a-4 and R-4. F. Avoiding undue concentration of population: Chanae of use to a RA-3 use would create a desirable transition avartmpntloffice zone between B-4 and R-4. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities: Change of use to a 8A-3 use would create a desirable transition_ apartment/office zone between -4 and R,4. M. Giving reasonable consideration to the character of the district: Chancre ofof use tp a RA-3 use would create a desirabl8 transition a artmen office Kane between B-4 and R-4. 2 I. Giving consideration to the peculiar suitability of the property for particular uses: The size, shape and style bf thig bul d-Ing and its use asa rofe s`onal office grovides a desirable transition be en the business core and residential zone. An addition to the existiri structure wou d maintain its traditional r4tyle, J. Protecting and conserving the value of the buildings: Any additions to the office would maintain the building's current style, K. Encouraging the most appropriate use of land by assuring orderly growth, The char► a of use would allow the existina structure to ex and Der zooing and cumn—tbuilding codes and allow the use of the subiect proPO& with reguim"arking and landsca ire . ■fal11�■w■l�s�M�■■rrrr�[►�■■■■tt��■r1r 1t■��■Y■711 �[■A■■■rlfE��■■ri1 /I=�R■■airilw■�e The signing of this application signifies approval for Tri-city Planning staff to be present on the property for routine monitoring and inspection during approval process. Bruce A. Allison, Individuaily and as Surviving joint tenant of Arretta Q.Allison 3 Efate Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net MEMORANDUM TO: Kalispell City Staff Other Interested Parties FROM: Narda A. Wilson, Senior Planner RE: June 14, 2005 - Kalispell Planning Board Meeting DATE: May 1.8, 2005 These items will go before the Site Development k-,Ieview Committee in the Kalispell. Building Department on the following dates: • May 19 - Initial Review • May 26 - Staff Comments • June 2 - Staff Comments Please Nate: Not all of the projects listed will warrant your consideration or comments - only those within your applicable area of jurisdiction or review. Final Comments By: June 6, 2005 so that they can be incorporated into the staff report for the June 14, 2005 public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852 or e-mail at tricitynarda2centurvtel.net. 1.. Potthoff/ Allison/ Executive Plaza Ptnshp - Zone Change, KZC-05-4 2. Hutton Ranch Plaza - Annexation, KA-05-9 3. Hutton Ranch Plaza - Preliminary Plat, KPP-05- .2 4. Hutton. Ranch Plaza - Planned Unit Development KPUD-05-5 5. Kalispell Fire Station No. 62 --- Preliminary Plat, KPP-05-10 6. New West, LLC. - Annexation, KA-05-8 7. Autumn Creek Sub - Preliminary Plat, KPP-05-9 8. Autumn Creek CUD -- Conditional Use Permit, KCU-05-6 If you need additional information regarding any of these items, please call ine. Thank you for taking the time to review and comment on these items. Providing Community Planning Assistance To: City of Kalispell • City of Columbia Falls . City of Whitefish Referrals KPB .5 / 14 / QS =lL g May 18, 2005 Page 2 c: w/attachments: F. Ray Rufatto, Fire Dept. Mike Baker, Parks and Rec James Patrick, City !Manager PJ. Sorenson, Zoning Ad= inist.r ator Roger Krauss, Police Dept. Frank Castles, City Engineer .Jim Hansz, Public Works Director Andrew Sorenson, Assistance City Eng-meer Sandy Wheeler, Community Redevelopment Susan Moyer, Cc)mmunity Development Director Craig Kerzman, Chief Building Inspector Charles Harbail, City Attorney MDOT, Local. MDOT, Land Planning Division Helena Charlie Johnson, Flathead County Road Dept, West Valley Fire Department Kalispell Schools District 3 c: w/o attach.merrts: Applicants TCPO - 2005 Zone Change, Variance, Conditional Use, PUD, Annexation & Zoning CERTIFICATION APPLICANT: POTTHOFF/ ALLISON / EXECUTIVE PLAZA PARTNERSHIP TCPO PILE NO: KZC-05-4 I, the undersigned, certify that I did this date wail 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- S-T-R RONALD B. POTTHOFF 505 - 1 ST AVENUE EAST KALISPELL, MT 59901 BRUCE A. ALLISON 150 - STU STREET EAST KALISPELL, MT 59901 EXECUTIVE PLAZA PARTNERSHIP 50 - 5TH STREET EAST KALISPELL, MT 59901 DOUGLAS WOLD W OLD LAW FIRM PO BOX 400 POLSON, MT 59860-0400 AND ATTACHED LIST ALLISON, BRUCE & ARETTA SMILEY, JANE BRADY, JOHN & CLARANN 442 --- 4' AVE E 530 — 2ND AVE E 535 — IST AVE E KALISPELL, MT 59901 KALISPELL, MT 59901 KALISPELL, NIT 59901 CARR, BILLY & MARLENE 534 -- 1ST AVE E KALISPELL, MT 59901 MUSGROVE, PIERCE CLYDE & JAN VI 221 HEMLER CREEK DR KALISPELL, MT 59901 BARRIE, LLOYD & JOANNE 503 — 2ND AVE E KALISPELL, MT 59901 BLAIR INVESTMENTS PO BOX 293 SOMERS, MT 59932 MC GLENN, ARCHIE & DOROTHY 212 THREE MILE DR KALISPELL, MT 59901 LEACH, DAVID & MARY 548 — 2ND AVE E KALISPELL, MT 59901 JOHNSON, RICHARD 6160 ORANGE ST, APT 9 LOS ANGELES, CA 90048 CORRIGAN, ED & SUSAN R LINDGREN 528 — 1 ST AVE EAST KALISPELL, MT 59901 THOMPSON REVOCABLE TRUST, DAVID E 21631 E LAKE SHORE BIGFORK, MT 59911 JOHNSON, ROBIN & ALEDA 512--2"AVE E KALISPELL, MT 59901 P & C NELSON LLC RAUTHE, DOUGLAS & BEVERLY 195 ARBOUR DR KALISPELL, MT 59901 POTTHOFF, RONALD B PO BOX 145 WHITEFISH, MT 59937 '7Y`: T]T.'T%A T-%T- \IT AT TTT; 7n AT)T T"Nl-f.' 640 - 2ND AVE E KALISPELL, MT 59901 KIRK FAMILY TRUST, K PHYLIS 22079 EAST SHORE RTE BIGFORK, MT 59911 JOHNSON, WILLIAM & YONG CHA 525 _.. 2ND AVE E KALISPELL, MT 59901 KURT MARKUS LTD 502 — 3PD AVE E KALISPELL, MT 59901 GARNER, SHAUNEEN MARIE 446 — 2IND AVE E KALISPELL, MT 59901 LUKE, MICHELLE 419 2ND AVE E KALISPELL, MT 59901 MUSGROVE, PC & JAN 426 — 2ND AVE E KALISPELL, MT 59901 MATTER, JAMES & SUSAN PO BOX 405 LAKESIDE, MT 59922 CARRIAGE FUNERAL HOLDINGS LLV C AD°/oJOHNSON MORTUARY 1900 ST JAMES PL 4' FL HOUSTON, TX 77056 CAERBERT, RICHARD 629 — 5Tx AVE E KALISPELL, MT 59901 DAVISON, KAREN JEUDE, SAM 2600 HAYWIRE GULCH KALISPELL, MT 59901 ALLISON, PEG 436 — 2ND AVE E KALISPELL, MT 59901 GRAY PROPERTIES LLC MILLER, DONALD & SUSAN WHEATON, SHARON KAY 178 E BOWMAN DR 529 — 1ST AVE E 443 — 2I D AVE E KALISPELL, MT 59901 KALISPELL, MT 59901 KALISPELL, MT 59901 GARRETT, HELEN 0 TRIPPET, DONNA F TRIPPET, EDGAR W & DONNA F PO BOX 7 KALISPELL, MT 59903 WALBON, GLADA E 517-2'DAVE E KALISPELL, MT 59901 CITY OF KALISPELL P 0 BOX 1997 KALISPELL. MT 59903 RONALD B. POTTHOFF 505 -13T AVENUE EAST KALISPELL, MT 59901 DOUGLAS WOLD WOLD LAW FIRM PO BOX 400 POLSON, MT 59860-0400 CROWE, GARY, DORAN, GARY EXECUTIVE PLAZA PTNRSHIP AD%PAT SHERLOCK 30 FIFTH ST E KALISPELL, MT 59901 LEVITT, MARLA 127-5T"STE KALISPELL, MT 59901 STATE OF MONTANA AD%EMPLOYMENT SECURITY DIVISION 427 — OT AVE E KALISPELL, MT 59901 BRUCE A. ALLISON 150 — 5T" STREET EAST KALISPELL, MT 59901 MOORE, TAMES, NARDI, S J SHERLOCK, PATRICK AD°IaPAT SHERLOCK 30 FIFTH ST E KALISPELL, MT 59901 MASSIE, TRENT W 437—foAVE E KALISPELL, MT 59901 FIRST PRESBYTERIAN CHURCH 524 S MAIN ST KALISPELL, MT 59901 EXECUTIVE PLAZA PARTNERSHIP 50 — 5 STREET EAST KALISPELL, MT 59901 Tri-City Planning Office 17 Second Street East - Suite 211 iialicnr+li_ 3{]fnnt^arra .tiAQ(11 Phone: 1406) 751-1850 Fax: (406) 751-1858 tricity�ce nturytel. ne t www.tricityplarxaing-mt.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION June 14, 2005 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 14, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action.. 1. A request by Potthoff, Allison and Executive Plaza Partnership for a change in zoning from. R-4, Two Family Residential, to RA-3, Residential Apartment J Office, on approximately 0.65 of an acre located on the south side of Fifth Street East hPiixravn Main !�4re>e-t arnri gor-nnrl AvanttP Rn-,t ThP nrnnPrtxr ran 'hf- rlPcr•rilnPA a-, Lots 1, 16, 17, 18 Block 84 and Lots 1, 2, 3, Bock 85 Kalispell Original Township in Section 18, Township 28, Range 21 West, P.M.M., Flathead. County, Montana 2. A request by Hutton Ranch Plaza Associates for an initial zoning designation of 13- 2, General Business, with a Planned Unit Development (PUD) overlay upon annexation to the City of Kalispell on approximately 46.05 acres. The property is located on the east side of US Hwy 93 south of the Mountain View Plaza development and north of the Flathead Valley Community College. In conjunction with the annexation and proposed PUD zoning designation, a subdivision has been filed to be known. as Hutton. Ranch Plaza. The property can be described as Assessors Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Hatton Ranch Plaza Associates, LLC for preliminary plat approval of Hutton Ranch Plaza, a 26 lot commercial subdivision on approximately 46 acres. As proposed there would be 26 commercial lots that would share common parking and access within a common area. A request for annexation and an initial zoning designation. of B-2, j PUD has been filed concurrently with the subdivision request. The property can be described as Assessors Tract Assessors Tract 3 and a portion of Assessor's 'Tract 4G located in Section 31, Township 29 North Range 21 West, P.M.M., Flathead County, Montana. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • 4. A request by the City of Kalispell for preliminary plat approval of Kalispell Fire Station No. 62, a one lot subdivision containing approximately 2.154 acres. This one lot subdivision is intended for development of the north Kalispell fire station. The property can be described as a portion of Assessor's Tract 5 located in Section 36, Township 29 North., Range 22 West, P.M.M., Flathead County, Montana. 5. A request by New West, LLC for an initial zoning designation of R-3, Urban Single Family Residential, on approximately 8.694 acres. The property is located north of Hwy 2 West, on the east side of Hathaway Lane. A request for preliminary plat approval of Autumn Creek Subdivision, a 27 lot residential subdivision and a conditional use permit to allow 12 townhouses have been filed concurrently with the annexation request. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 6. A request by New West, LLC for preliminary plat approval of Autumn Creek Subdivision, a 27 lot residential subdivision on approximately 8.694 acres. As proposed there would be 15 single family lots and 12 townhouse lots. A request for annexation and initial zoning along with a conditional use permit for the townhouses have been fled concurrently with the preliminary plat application. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 7. A request by New West, LLC for a conditional use permit to allow the creation of six two unit townhouses or 12 townhouse lots within the proposed Autumn Creek Subdivision, a preliminary plat for a 27 lot residential subdivision. A request for annexation and initial zoning along with the preliminary plat for the subdivision have been filed concurrently with the conditional use permit application. The property can be described as Assessors Tracts 6AAK, 6D1 and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail at tricitynardgg,,centuj] el,.net for additional information. Sincerely, Narda A. Wilson Senior Planner No. 9447 NOTICE OF PUBLIC HEARING. KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION June 14, 2005 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, June 14, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- lispell. The planning board will hold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request by Potth- off. Allison and Execu- tive Plaza Partnership or a change in zoning rom R-4, Two Family 3esidential, to RA-3, 3esidential Apartment )ifice, on approximately }.65 of an acre located )n the south side of -fifth Street East be- ween Main Street and Second Avenue East. Fhe property can be de- scribed as Lots 1, 16, l7, 18 Block 84 and -ots 1, 2, 3, Bock 85 Calispell Original Town - ;hip in Section 18, Township 28, Range 21 Nest, P.M.M., Flathead county, Montana 2. A request by Hutton Panch Plaza Associates :or an initial zoning des- gnation of B-2, General Business, with a Plan- ned Unit Development (PUD) overlay upon an- nexation to the City of Kalispell on approxi- mately 46.05 acres. The property is located on the east side of US Hwy 93 south of the Moun- tain View Plaza devek opment and north of the Flathead Valley Com- munity College. In con- junction with the annex- ation and proposed PUD zoning designa- tion, a subdivision has been filed to be known as Hutton Ranch Plaza. The property can be de- scribed as Assessors Tract 3 and a portion of Assessor's Tract 4G lo- cated in Section 31, Township 29 North Range 21 West, P.M.M., Flathead Coun- ty, Montana. 3. A request by Hutton Ranch Plaza Associ- ates, LLC for prelimina- ry plat approval of Hut- ton Ranch Plaza, a 26 let commercial subdivi- sion on approximately 46 acres. As proposed there would be 26 com- mercial lots that would share common parking and access within a common area. A re- quest for annexation and an initial zoning designation of B-2,IPUD has been filed concur- rently with the subdivi- sion request. The prop- erty can be described as Assessors Tract As- sessors Tract 3 and a portion of Assessor's— Tract 4G located in Sec- tion 31, Township 29 North Flange 21 West, P.M.M., Flathead Coun- ty, Montana. 4. A request by the City of Kalispell for pre- liminary plat approval of Kalispell Fire Station No. 62,a one lot. subdp vision containing: a proximately 2_i55 acres. This one lot sub- division is intended for development of the north Kalispell fire sta- tion. The property can be described as a por- tion of Assessor's Tract 5 located in Section 36, Township 29 North, Range 22 !Nest, P.M.M., Flathead Coun- ty, Montana. 5. A request by New West, LLC for an initial' zoning designation of R- 3, Urban Single Family Residential, on approxi- mateiy 8.694 acres. The property is located north of Hwy 2 West, on the east side of Hathaway Lane. A request for pre- . liminary plat approval of Autumn Creek Subdivi- sion, a 27 lot residential subdivision and a condi- tional use permit to al- low 12 townhouseS have been filed concur- rently with the annexa- tion request. The prop- erty can be described as Assessors Tracts, 6AAK, 601 and 6AB lo- cated in Section 12, Township 28 North,. Range 22 West, P.M.M., Flathead Coun ty, Montana. 6. A request by New West, LLC for prelimina ry plat approval of Au- tumn Creek Subdivision, a 27 lot residential sub- division on approximate- ly 6,694 acres. As pro- posed there would be 15 single family lots and 12 townhouse lots. A re- quest for annexation STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS T LEGAL CLERK OF THE DAILY ENTER LAKE A DAILY NEWSPAPER OF GENERAL, CIRCULA.TIOT PRINTED At'VTD PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 9447 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED It T THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY TBEREOF ON THE DATES OF MAY 29, 2005 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MIlVIMUM 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. t✓, i - Subscribed and sworn to Before me this AD MAY 31, 2005 Notary Public for the State of Montana Residing in Kalispell My Commission expires 9f 11/05 and initial zoning along with a conditional use permit for the townhous- es have been filed con- currently with the pre- liminary plat application. The property can be de- scribed as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead Coun- t', Montana. 7. A request by New West, LLC for a condi- tional use permit to ai- low the creation of six two unit townhouses or 12 townhouse lots with- in the proposed Autumn Creek Subdivision, a preliminary plat for a 27 lot residential subdivi- sion_ A request for an- nexation and initial zon- ing along with the pre- liminary plat for the sub- division have been filed concurrently with the conditional use permit applioation. The proper- ty can be described as Assessors Tracts 6AAK, 6Dl.and 6AB located in. Section 12, Township 28 North, Range 22 West, P.M,M., Flathead' County, Montana. Documents pertaining,' to this agenda item are,-z on file for public inspec- tion at the Tri-City Plan- ning Office, 17 Second Street East, Suite 211, , . Kalispell, MT 59901, and are available for public review during: regular office hours. Interested persons are ' encouraged to attend... the hearing and make their views and con-• cerns known to the Board, Written com- ments may be submit- ted to the Tri-City Plan- ning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e- mail her at tricitynarda @ centurytel. net for additional infor- mation. lsi Thomas R. Jentz Thomas R. Jentz Planning Director May 29, 2005.