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1. Ordinance 1718 - Zone Change Request - 1st ReadingPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.cont/planning REPORT TO: Doug Russell, City Manager �X FROM: Sean Conrad, Senior Planner SUBJECT: Tanner etal, zone change request MEETING DATE: December 3, 2012 BACKGROUND: The Kalispell City Planning Board met on Tuesday, November 13th and held a public hearing to consider a request by Natasha Tanner etal, for a zone change on three lots from R-3 (Residential) to R-4 (Residential). The three lots are located in the Park View Terrace subdivision on the north side of Indian Trail Road. The lot addresses are 50 Rising Sun Circle, 70 Rising Sun Circle and 202 Farview Drive. The lots at the corner of Rising Sun Circle and Indian Trail Road, 50 and 70 Rising Sun Circle, are already developed with a four- plex and duplex dwellings respectively. The zone change will have no impact to these properties other than bring them closer to or in conformance with the current use of the property. The property at 202 Farview is currently developed with a single-family house. The zone change to R-4 would permit the property owner to convert the house into a duplex unit. The three lots included in the zone change request can be legally described as lots 1, 3 and 7 of Block 2 of the Park View Terrace subdivision. The lots are located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. At the hearing planning department staff presented staff report KZC-12-2 and reviewed the proposed project. The staff recommended approval of the zone change. At the public hearing the applicant, Ms. Tanner, spoke in favor of the zone change request. No one else spoke for or against the zone change and the public hearing was closed. The planning board then acted on a motion to recommend the city council consider approving the zone change on the three lots from R-3 to R-4. The vote to recommend approval of the zone change was unanimous. RECOMMENDATION: A motion to approve the first reading of the zone change recommended by the planning board. FISCAL EFFECTS: Minor positive fiscal effects if the project is approved. ALTERNATIVES: As suggested by the city council. Respectfully submitt %Wn—Conrad Senior Planner Report compiled: November 20, 2012 c: Theresa White, Kalispell City Clerk REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOTS 1, 3 AND 7 OF BLOCK 2 OF THE PARK VIEW TERRACE SUBDIVISION, LOCATED IN SECTION 6, TOWNSHIP 28 NORTH, RA (CURRENTLY ZONED CITY R-3 1 O CITY . , (RESIDENTIAL)) ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE N EFFECTIVE DATE. WHEREAS, Natasha Tanner, one of the owners of the properties described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned City R-3, Residential, be zoned R-4, Residential, on approximately 20,712 square feet of land; and WHEREAS, the properties are lots 1, 3 and 7 in the Park View Terrace subdivision; and WHEREAS, the petition of Natasha Turner was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-12-02, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 13, 2012, and recommended that the zoning be City R-4, Residential, 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-4, Residential, 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. KZC-12-02. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KCALISPELL, 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-4, Residential, on approximately 20,712 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 111. This Ordinance shall take effect from and after 30 days of its passage by the City Council. Tamnii Fisher Mayor Theresa White City Clerk A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to change the zoning district on three lots from R-3 to R-4. A public hearing has been scheduled before the Kalispell City Planning Board for November 13, 2012 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. '#1Zf'a["0 :. "I "I '�� : 6 The planning department received a zone change request from Natasha Tanner and the owners of two other lots in the Parkview Terrace subdivision for a zone change on all three lots from R-3 (Residential) to R-4 (Residential). The lot addresses are 50 Rising Sun Circle, 70 Rising Sun Circle and 202 Farview Drive. The lots at the corner of Rising Sun Circle and Indian Trail Road, 50 and 70 Rising Sun Circle, are already developed with a four-plex and duplex dwellings respectively. The zone change will have no impact to these properties other than bring them closer to or in conformance with the current use of the property. The property at 202 Farview is currently developed with a single-family house. The zone change to R-4 would permit the property owner to convert the house into a duplex unit. The Parkview Terrace subdivision was platted in phases in the late 1960's and early 1970's. At that time the City of Kalispell had a zoning ordinance in place which included only six zoning districts. Of the six zoning districts the residential zoning districts all permitted single-family homes, duplexes and multi -family housing. These zoning districts were in effect when the Parkview Terrace subdivision was created. As figure 1 on the following page illustrates, the subdivision then began to build out with a mix of single-family, duplex and multi -family housing. In 1978 the city began a complete overhaul of the city's zoning ordinance. Through this process the city placed a single-family residential zoning district, R-4, on a majority of the subdivision with an RA-1 zoning district on the east side of the subdivision. The meeting notes on this update process state that the committee recognized that zoning a majority of the subdivision would place several multi -family dwellings as non -conforming, except for the area zoned RA- 1, but the committee felt that the R-4 zoning better protected the single-family residents in the subdivision from further intrusion of multi -family housing. An update of the zoning ordinance in 1987 led to another change in zoning within the subdivision. The previous R-4 zoning district, which permitted only single-family homes, was now designated as R-3. The R-3 zoning district permits only single-family homes. That portion of the Parkview Terrace subdivision which was zoned RA-1 was rezoned to R-4. The R-4 zoning district, under the 1987 ordinance update, is similar to the R-4 zoning district currently in the zoning code in that it permits both single- family homes and duplexes. Since the zoning ordinance update in 1987 no zone changes have occurred in the Parkview Terrace subdivision. Figure 1: Land use map of the Parkview Terrace subdivision and surrounding lands based on information provided by the State of Montana. Existing "Id Use-Oetotmr 11, 2012 . t - Y14;r'� L # �� ) Y f� oc•++mom:• .^:�r.r.r�.� �,,,.Y ` 5kgieF YN@1Y.IMi• R`^ 77 � "'LL y� s YecaV •. nrirsw M nx ?lN .1 9 i R-3 RF4 PUD MULTI FAMiLy r . a1 PUD own 11 D F'UD � 1 i ,N .1t RA 1 'CJAUOF iIGF The question before the planning board and city council is whether extending the R-4 zoning district to the north side of Indian Trail Road to include the three lots requesting the zone change is appropriate. Factors for consideration include the limited increase in the number of dwelling units the zone change would result in, in this case only one given the current use of the three properties, and if the zone change would unduly change the character of the area. The staff report recommendation is for the planning board and city council to consider approving the zone change request based on the findings of fact on pages 4 and 5 of this report. A. Petitioner / Owner: Natasha Tanner 202 Farview Drive Kalispell, MT 59901 (406) 871-7654 2 B. Location and Legal Description of Property: The three lots included in the zone change request can be legally described as lots 1, 3 and 7 of Block 2 of the Park View Terrace subdivision. The lots are located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. E2'sting Land Use and Zoning: The three lots included in the zone change request are developed with a four plcx apartment building (50 Rising Sun Circle), a duplex (70 Rising Sun Circle) and a single family residence (202 Farview Drive). All three properties are zoned R-3 (Residential). The R-3 zoning district is a district intended to provide lot areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. The R-3 zoning district has a minimum lot size of 6,000 square feet and a minimum lot width of 50 feet. D. Proposed Zoning: The R-4 (Residential) zoning district is comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community- facilities. Like the R-3 zoning district, the R-4 zoning district has a minimum lot size of 6,000 square feet and a minimum lot width of 50 feet. 64'. Size: The three • make up an area • 20,712 • feet. North: Residential, R-3 East: Residential, R-3 and RA South: Residential, R-3 West: Residential, R-3 G. General Land Use Character: The general land use character of this area can be described as a mix of residential housing types. Single-family residences, duplexes and multi -family housing are located in the immediate vicinity of the three lots requesting the zone change. H. Utilities and Public Services: All three properties are served by city water and sewer and by city streets. Sewer: City sewer Water: City water Refuse: City collection services Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department I. Public Comment: Prior to submitting the zone change application the planning department discussed potential issues with changing the zoning on just the lot owned by Ms. Tanner, the applicant for this zone change. The planning department encouraged Ms. Tanner to discuss with her neighbors on the north and south sides of Indian Trail Road who are also zoned R-3 to see if they would 3 like to join in her application to rezone their properties. The purpose of requesting Ms. Tanner to seek additional properties to join in her zone change application was to avoid zoning just one lot on the north side of Indian Trail Road to R-4. Shortly after Ms. Tanner contacted her neighbors the planning department received two letters (letters attached to this report) from property owners on the south side of Indian Trail Road. The property owners did not want to be included in the zone change request, noting they were fine with their current zoning of R- 3. Both letters also noted that they did not have an issue with Ms. Tanner's zone change request to R-4. 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 policy? The property is designated by the Kalispell Growth Policy future land use map as "Urban Residential" which anticipates residential development with a density of between 3 to 12 dwelling units per acre. The proposed R-4 zoning designation permits density within the range listed in the urban residential land use designation. Chapter 3, Land Use: Housing, in the Kalispell Growth Policy document includes the following goal: Provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location. The request to change the zoning to X-4 will permit the one single-family residence located at 202 Farview Drive to be modified into a duplex. This increase in housing at a location in close proximity to a major shopping center, parks and served by city streets will meet the goal stated above. The RA zoning also makes the duplex located at 70 Rising Sun Circle a permitted use. The duplex is currently considered a non -conforming use under the R-3 zoning district. 2. Will the requested zone have an effect on motorized and nonmotorized transportation systems? The properties requesting the zone change to RA will not produce a noticeable impact to motorized or nonmotorized transportation systems. The requested R-4 zoning would permit an additional dwelling unit at 202 Farview Drive. This additional home could be expected to generate between 8 and 10 vehicle trips per day based on estimated trip generations contained in the International Transportation Engineer's "Trip Generation" manual. The additional vehicle trips can be accommodated by the existing street system in the area. El Currently, there axe limited sidewalks in the Parkview Terrace subdivision. However, the additional dwelling unit the zone change would permit will not kmpact nonmotorized transportation systems in the area. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the properties in the case of an emergency. There are no features related to the properties 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. 4. Will the requested zone promote the public health, safe tv and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for new development or redevelopment occurring on the three lots are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available. Development should be encouraged in areas where these services are available. 7. Does the requested zone give consideration to the particular suitability of the property for particular uses? All three properties included in the zone change are already developed. The zone change would permit one of the lots to convert an existing single-family residence to a duplex. The properties do not exhibit any constraints that would prohibit the zone change from R-3 to R-4. 8. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is urban scale residential development with the immediate block a mix of single-family homes, duplex units and multi -family apartment buildings. The RA zoning district permits development that is reasonable and in line with the character of the surrounding R-3 and R-4 zoning districts. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-4 zoning will promote compatible and like uses on the properties requesting the zone change as are found on other properties in the area. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? 0 Urban scale residential development should be encouraged in areas where services and facilities axe available. The proposed zoning is consistent with the growth policy future land use designation and the growth policy's goal of (troviding a mix of housing types in appropriate locations. I zi *01436 16 11:40 OMN V M Z I It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 12-2 as findings of fact and recommend to the Kalispell City Council that the three properties be rezoned to R-4 (Residential). 0 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: Natasha Tanner MAIL ADDRESS: 202 Farview Drive CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406-871-7654 INTEREST IN PROPERTY: Owner of one of the properties PLEASE COMPLETE THE FOLLOWING: 50 Rising Sun Circle, 70 Rising Sun Circle, A. Address of the property: 202 Farview Drive, Kalispell, MT 59901 B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number (Section, Township, Range) Parkview Terrace Section 6, Township 28N, Range 21 W, Block 2: Lot 1, Lot 3 and Lot 7 (Attach sheet for metes and bounds) C. Land in zone change (ac) Between 0.5 and 1 acre: 0.542 acres D. The present zoning of the above property is: R-3 E The proposed zoning of the above property is: R-4 F. State the changed or changing conditions that make the proposed amendment necessary: The zoning needs to match current usage. Two of the properties are multi -family and are non -conforming use. These properties have been non -conforming sinc:P hPforP the arPa was first 7nneri as R-3 Toning These prnpPrties are siirrounded by other multi -family properties and kitty-corner to 6-11tm-fa- il, HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy The change in zoning will not negatively affect this 30 year -old, built -out neighborhood. The Growth Policy states that "Kalispell is a community that... will continue to strengthen its position as the regional commercial and governmental center... in creating... a variety of housing options" and this will help allow for more housing options. B. Lessening congestion in the streets and providing safe access The zoning change will not increase congestion in the streets nor will it hinder providing safe access. The streets are paved and wide enough'to accommodate existing traffic. There are two entrances to the neighborhood: a direct turn onto Indian Trail from Hwy 93 and a turn at the light to FVCC onto Grand View Drive from Hwy 93. C. Promoting safety from fire, panic and other dangers The zoning change will have no negative impact on the safety from fire, panic and other dangers as all of the properties already have homes and are in a well established multi -family neighborhood. The North Fire Station 62 (only 1 mile away) was recently built and provides safety in the result of fire. D. Promoting the public interest, health, comfort, convenience, safety and general welfare There will be no compromise to the comfort, safety and general welfare of the public. All of these properties already have homes and many are multi -family. By acknowledging that these properties are multi -family it will increase the public interest, health, and convenience by providing affordable housing properly zoned. E. Preventing the overcrowding of land The existina homes on citv lots will not create an overcrowdina of the land. All of the lots are already built upon and if any of the owners want to change their homes they will have to apply for a building permit and follow city code. The zoning change will not negatively affect the land, just match current and historical use. F. Avoiding undue concentration of population All of the properties that have multi-famil structures are non -conforming use. An that wish to be multi -family that are currently single family residences will need to apply and be approved for the proper building permits and meet code. Again there are no vacant lots so the landscape will not change. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities The area has all public utilities including: water, sewer, gas, electric, cable, phone, internet and trash removal, so the the zoning change will not adversely affect the access to these public utilities. All of the lots requested in the zoning change are served by city streets. Also, the area is in a prime location to access all community facilities including but not limited to: schools (Flathead Valley Community College is within half a mile), grocery stores, restaurants, post offices and much more. It would promote the public interest to allow more families access to all these community facilities. 2 H. Giving reasonable consideration to the character of the district The character of the neighborhood was established in the early 1970's. There are many multi -family properties in the area and the current single family zoning does not match the character of the district. There are no vacant lots in the neighborhood, so the zoning change will not change the character. Right across the street, Indian Trail, is multi -family zoning and it would be prudent to continue the zoning. I. Giving consideration to the peculiar suitability of the property for particular uses The properties are non -conforming use with R-3 zoning which has stricter set -backs for building than R-4 zoning also all of the lots are within 30 square feet of meeting the minimum lot size requirements for R-4 zoning. The properties are well suited and well laid out for their current usage. J. Protecting and conserving the value of buildings The properties are currently non-conforminci use of the enforced single family zoning. Removing the non -conforming use hinderance will increase the value of the properties as buyers will be more willing to buy properties with proper zoning. These properties are surrounded by other multi -family homes. K. Encouraging the most appropriate use of land by assuring orderly growth The properties are already built out with multi -family structures. The land has been used for decades for multi -family uses and changing the zoning will have no negative impact on the growth of the land. The change in zoning will simply allow the zoning to match the current character and proper use of the land. Re -zoning the lots in question will bring some of the lots from non -conforming use to conforming use. The signing of this application signifies approval for Kalispell Planning staff to be present on the roperty for routine monitoring and inspection during approval process. 1 1/05 Applicant Signature) (Date) 3 r_ 0 48 2 7 4 4 26 1� 50 3 4 25 51 19 13 5 BLK 24 1 —3 23 6 7 /,- 6 22 Z) 5 5 8 1- 7 21 5 Z 4 11 cy) El B 4 0 4. 11) 0Do 10 B �p 10 12 18 1�� 5 9 2 11 17 D/N 1 8 13 12 17 16 1 1� 13 16 14 15 INDIAN RAIL 15 14 TRAIL R 1 3 4 0 RA- R c -13- 2DCD R) I BUB 2B 14 �_ 4 12 CT� r- 12iF ic 4B 3 _2B 4A 3A 2A COMMONS WAY > BC P PH & P B-1 1 COMMON AREA _T 44 3 UFFCOMM ON MMONS P U 5 PH B3 p PH 2 B2 <: 2 4 3PUD oA A, 4 COMMONS LOD 2 VICINITY MAP SCALE 1" = 200' NATASHA TANNER, ETAL REQUEST FOR A ZONE CHANGE FROM R-3 RESIDENTIAL TO R-4 RESIDENTIAL TO ALLOW MULTI —FAMILY USES ON THE PROPERTIES FILE# KZC-12-02 PLOT DATE 10/2/12 H:\gis\site\kzc12-02 Tanner, Etal.dwg Natasha Tanner 202 Farview Drive Kalispell, MT 59901 (406) 871-7654 City of Kalispell Planning Department September 24, 2012 Hello, My name is Natasha Tanner and I built my first home in September of 2011. My house sits on the corner of Indian Trail and Farview Drive. My neighborhood is filled with multi -family homes even though most of the area is zoned R-3. Every home in the neighborhood was built in the 70's or the 80's, long before the city zoned the area. All of the multi -family properties are currently non -conforming use. I am requesting a zoning change for three properties from R-3 to R-4. Two of these properties already have multi- family homes, a duplex and a 4-plex, and the other property is my single family home. Also, there is R-4 zoning right across the street on Indian Trail. My lot was the last empty lot in the entire subdivision so this zoning change will not change the neighborhood, since the character of the neighborhood has been established for decades. I have personally visited with almost all of the neighbors in the area regarding the proposed zoning change. Most neighbors are supportive and many were surprised to learn it wasn't zoned for multi -family already since there are countless multi -family properties throughout this subdivision. A few neighbors are concerned their property tax may increase. The zoning change would have no impact in the overall feel of the neighborhood since it is already a mix of single family and multi -family homes. Best Regards, Natasha Tanner City of Kalispell Planning Department, I do not oppose the proposed zoning change for my house located at: 50 Rising Sun Circle Kalispell, MT 59901. Printed Name (owner): Sylvester Greskowiak Printed Name: Michael Greskowiak Signature: Signature: Date: ��' Date: City of Kalispell Planning Department, 1 do not oppose the proposed zoning change for my house located at: 50 Rising Sun Circle Kalispell, MT 59901. Printed Name (owner): Sylvester Greskowiak Printed Name: Michael Greskowiak Signature: Signature: Date: % Dater l , �� City of Kalispell Planning Department, I do not oppose the proposed zoning change for my house located at: 70 Rising Sun Circle Kalispell, MT 59901. Printed Name: Mary Malloy Printed Name: Signature: Signature: Date: q r �% ! Date: City of Kalispell Planning Department, I do not oppose the proposed zoning change from R3 to R4 for my house located at: i 0 Rising Sun Circle Kalispell, MT c, , - Printed Name: Jean Sonju �l Signature: Date: % ii' -- f 7 — % 2 City of Kalispell Planning Department, I do not oppose the proposed zoning change from R3 to R4 for my house located at: 70 Rising Sun Circle Kalispell, MT 59901. Printed Name: Helen Mullen Signature: L� Date: From: Carolyn and Art Grisez 107 Indian Trail Rd. Kalispell, MT 59901 (406)-752-8496 To: Sean Conrad, AICP Senior Planner, Planning Dept. City of Kalispell 201 1st Avenue East Kalispell, MT 59901 July 17, 2012 Re: Pending zoning change request by Natasha Tanner at 202 Farview Drive. Dear Mr. Conrad, Reference my phone conversation with you on Monday of this week, we are sending this letter for your files. We understand that the zoning request by Ms. Tanner would change the zoning of our residence from R3 to R4. We desire to remain as an R3 zone and not be included in any R4 zoning. When we bought our home some 32 years ago, it was R3 and we and our neighbors are very satisfied with that arrangement. There are enough multiple dwellings in the neighborhood to make conditions, parking, etc., crowded. The covenants advise that there is to be no parking on the streets and that is already overlooked. We have no problem with the zoning of Ms. Tanner's home but it should NOT involve four other homes. We respectfully request that the residence at 107 Indian Trail Road remain an R3, single family residence. Sincerely, ca-1�4 r e Carolyn N6&isez cc: Natasha Tanner 202 Farview Drive Kalispell, MT 59901 09 Arthur S. Grisez Millie and Dave Logan 119 Indian Trail Road Kalispell, MT 59901 (406)752-8516 July 17, 2012 Sean Conrad, AICP Senior Planner, Planning Department City of Kalispell 201 1st Avenue East Kalispell, MT 59901 Jul, {y 20 h NE: Pending Zoning Change Request by Natasha Tanner-202 Farview DF.., Dear Mr. Conrad: Pursuant to our phone conversation of even date I am putting in writing our requests on this issue. It is my understanding that the impending request would change the zoning for our residence from R3 to R4, thus making our single family home a multi -family zoning and therefore rezoning our residence and 3 other single family residences on Indian Trail to R4. We would like for our home to remain an R3 zoning as it was 35 years ago when we purchased it® As the residence requesting the change is on Farview we do not feel this needs to involve our home® We have no issue with the 202 Farview Drive being zoned R4 allowing the owner to obtain the proper zoning and permits to satisfy her requests® Therefore at this time we respectfully request that 119 Indian Trail remain an R3 - single family residence zoning - and not be changed to an Roe Sincerely, Millie (Midred) cc: Natasha Tanner 202 Farview Drive Kalispell, MT 59901 Liwwalwv 1 0 At 00-31*-Z'414' 1, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners adjoinin the ri,roperty lines of the property where a zone change has been requested. Date: / il�:)L�/ /�' Natasha Tanner 202 Farview Drive Kalispell, MT 59901 Sylvester & Michael Greskowiak 50 Rising Sun Circle Kalispell, MT 59901 Mary Malloy k I' Natasha Tanner Sylvester & Michael Greskowiak Mary Malloy, Helen Mullan 202 Farview Drive Jean Sonju Kalispell, MT 59901 50 Rising Sun Circle, Unit 1 Kalispell, MT 59901 1949 South Meadows Drive Kalispell, MT 59901 Michelle R. Habel Mark & Molly Marshall Myrna E. Newell 201 Indian Trail Road 207 Farview Drive 213 Farview Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Emmett B. Myhre Lucas Stahlberg Paul & Sherry Schauble 219 Farview Drive Sarah Stout 210 Farview Drive Kalispell, MT 59901 206 Farview Drive Kalispell, MT 59901 Kalispell, MT 59901 Frances Nicholas Pauline & Toke Webster Richard & Kathleen Price 615 S Meridian Road 66 Rising Sun Circle 62 Rising Sun Circle Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Tad Harper Fred Merrick Lucas Sticka 58 Rising Sun Circle 94 Hawthorn West Clara Johnson Circle Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, 58 Rising Sun un Circle Rhonda Dudis Linda Spangle Flathead County 220 Farview Drive 57 Rising Sun Circle Attn: Commissioners Kalispell, MT 59901 Kalispell, MT 59901 800 South Main StreetKalispell, MT 59901 Buffalo Hill Properties, LLC Scott D. Williams Keary O'Dell 95 Indian Trail Road 54 Rising Sun Circle, 42 101 Indian Trail Road, Unit A Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Carolyn Grisez Potter Family "Trust David & Mildred Logan 107 Indian Trail Road 113 Indian Trail Road 119 Indian Trail Road Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Melville & Rose Hughes Trust 125 Indian Trail Road, Unit B Kalispell, MT 59901 Robert & Pamela Nadvornick 200 Riverview Drive Kalispell, MT 59901 PLANNING FOP Planning Department 2011" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin2 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 at (406) 758-7940 for additional information or visit our website at www.kalispell.com/planning under "Planning Board Agendas (Minutes & Staff Reports)". 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 Kalispell Planning Department at the above address prior to the date of the hearing, or email us at planning(a-,kalispell.com. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION November 13, 2012 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, November 13, 2012, 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 items. The Board will make recommendations to the Kalispell City Council who will take final action. A request from Natasha Tanner etal, for a zone change on three lots from R-3 (Residential) to R-4 (Residential). The three lots are located in the Park View Terrace subdivision on the north side of Indian Trail Road. The lot addresses are 50 Rising Sun Circle, 70 Rising Sun Circle and 202 Farview Drive. The lots at the corner of Rising Sun Circle and Indian Trail Road, 50 and 70 Rising Sun Circle, are already developed with a four-plex and duplex dwellings respectively. The zone change will have no impact to these properties other than bring them closer to or in conformance with the current use of the property. The property at 202 Farview is currently developed with a single-family house. The zone change to R-4 would permit the property owner to convert the house into a duplex unit. The three lots included in the zone change request can be legally described as lots 1, 3 and 7 of Block 2 of the Park View Terrace subdivision. The lots are located in Section 6, "Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by the City of Kalispell to amend the Kalispell Growth Policy 2020 by including the Core Area Plan into chapter 12, Neighborhood Plans, within the growth policy. The Core Area is located along the rail corridor within the city limits bounded on the east and west by the current city limits, on the north by Washington Street and on the south by First Street. The area is approximately 364 acres and is situated on the north end of the city's traditional downtown. The inclusion of the Core Area Plan into the Kalispell Growth Policy will provide goals and policy direction to address issues identified in the Core Area Plan. The amendment to the growth policy provide the ci y with e legal frarneworkobegin— work on achieving the stated goals. MONTANA D CUI T1�ITY UBLICATION HEY BEINC.'r DULY S AN[) SA'Y'S: 'T'HA'I" HE [S 'TTHE LEGAL ALIr. Y INTER .1L..AKI? A DAII-,Y :TENERAL CIRCULATION, PRINTED AND -iE CITY OF hAUSPELL, IN TI-IIr TREAD, STATE: OF \4ONTANA, AND LEGAL ADN7ERTISNIENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTfU ISSUE; OF SAID PAPER, AND IN EACH AND EVERY (_,0P)' THEREOF ON THE DATES Of October 28. 2012. AND THE RATE CHARGED FOR. THE ABOVE PRINTING DOES NOT EXCEED THE MININTUNI GOING RATE. CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBL,ICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. ouseiintora;duplex;umt he,�three' dots included sin the one change request ban be �gally:descr(hed:a§10ts°1;,',3;artd __________ _________ ________________ of Block 2 of theSPark ;View errace`sdbdlvision� ":--:The;'fIots re: --located ain Section.'?6 Subscribed and Sworn to ownship 213North,, Jest p,j!OV tFlatheaWcounty', Before me this October 29, 20.12 Fontana E?request by ;ihe tally. 'of` altspell'to 'amend the fKafispell Irowth Policy 2020:'tfy mclu iitg to Core Area Plan_Into chapter. Dorothy I. Gletfdoss Notary Public for the State of Montana Residing in Kalisl�tell My commission expires 9/ l 1 /20 i 33 SPY ' eLN,"�DORO I HY 1. GLENCROSS o'(ARi9 0 o NOTARY PUBLIC for the o < " State of Montana * SEAL * Residing at Kalispell, Montana MN, Commission Expires ��eof Mph°a September 11, 2013