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05. Ordinance 1346 - 1st Reading - Telemon Zone ChangeREPORT TO: Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Telmon, Inc. Zone Change Request from R-3 to R-5 January 3, 2000 BACKGROUND: This is a proposal to rezone an approximate two acre site located near the northwest corner of North Meridian Road and Three Mile Drive. The applicants are interested in purchasing the property from Doris Hulbert for the purposes of developing an office building. The proposed R-5 zoning allows for limited office uses and would be generally compatible with other uses developing in the area. This matter went to the planning board for public hearing and consideration on December 14, 1999 and they are recommending that the property be rezoned to R-5, Residential / Professional Office, as proposed. As an additional note, you will notice that the zoning in this area is very consistent and does not provide for a cohesive framework for development. At some point in the future, the council may want to consider a comprehensive plan for rezoning this area rather than the piecemeal approach on an individual basis that has taken place in the past. RECOMMENDATION: A motion to adopt the first reading of the ordinance amending the Kalispell Zoning District map to rezone these properties from R-3 to R-5 would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. Wflson Chris A. Kukulski Senior Planner City Manager Report compiled: December 22, 1999 Attachments: Letter of transmittal Staff report KZC-99-6 and back-up materials Draft planning board minutes Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • ORDINANCE NO. 1346 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A" RESIDENTIAL/PROFESSIONAL OFFICE, R-5, IN ACCORDANCE WITH THE CITY - COUNTY MASTER PLAN, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, Doris Hulbert and Telmon, Inc., the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to R-5, Residential/Professional Office, and WHEREAS, the property, currently zone Residential, R-5, is surrounded to the North by utility company storage and office, P-1 classification, to the East by single family homes and the UPS office, R-3 and I-1 classification, to the South by single family homes and medical office, B-1 classification, and to the West by single family homes, R-3 classification, and WHEREAS, a report compiled by the Flathead Regional Development Office, #KZC-99-6, dated December 7, 1999, recommended that the property as described above be zoned R-5, Residential/Professional Office as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned R-5, Residential/Professional Office, 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 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 FRDO as set forth in Report No. KZC-99-6. 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 #1175) is hereby amended by designating the property described in Exhibit "A" as R-5, Residential/Professional Office. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not 1 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 and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF JANUARY, 2000. ATTEST: Theresa White City Clerk 2 Wm. E. Boharski Mayor EXHIBIT A LEGAL DESCRIPTION FOR TELMON, INC. ZONE CHANGE FROM R-3 TO R-5 This property can be described as follows: The east 264 feet of the west 396 feet of the south half of Lot 20 , Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana and containing approximately 2.0 acres and as recorded in Book 417, Page 114, Flathead County Clerk and Recorders Office. them to the board before the next meeting. Stevens stated that he is tired of these meetings that go on past 10:30 p.m. and that it is a disservice to the people that come to the hearings. MOTION Heinecke moved that this application be tabled until they get written copy of the developer's requests for changes in conditions and findings, seconded by Garberg. On a roll call vote: Hines, Garberg, Heinecke, Sipe and Stevens voted Aye. Mann and Brenneman voted No. The motion to table passed on a vote of five in favor and two opposed. Wilson explained that the packet goes out on the 4th January for the meeting on the 11 th and they would need Parsons' information by that time. Johnson returned to his seat on the board. TELMON, INC ZONE A request by Telmon, Inc. for a zone change from R-3 to R-5 on CHANGE approximately 2.0 acres west of North Meridian Road on the north side of Three Mile Drive in Kalispell. STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a presentation on staff report KZC-99-6 in which staff recommends approval of the requested zone change. This is about a two -acre parcel. This is a transitional neighborhood. The area is a hodgepodge of zoning and development In looking at what zoning might be compatible with the area and comply with the master plan designation and meet the applicants needs R-5 or RA-3 would be the most appropriate designations. R-5 allows for more office uses. This is in reasonable compliance with the designated uses. With the other zoning in the area this seems like a reasonable request. She does not believe that this is spot zoning because it is consistent with other uses in the area. PUBLIC HEARING The public hearing was opened to those who wished to speak on the application. PROPONENTS Mike Himsel, representing Telmon, spoke in favor of the application stating that they are looking for a spot for office uses. Their office personnel currently numbers five persons, and this would not conflict with the area or cause any detriment No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Stevens stated that he is in favor of the application. Kalispell City -County Planning Board December 14, 1999 Meeting Minutes Page 11 of 16 Garberg asked and Wilson answered that there are height limits in the zoning designation and it is generally a low impact office district. Heinecke asked and was answered that the owner is in favor of the zone change. MOTION Mann moved and Sipe seconded to adopt staff report KZC-99-6 as findings of fact and, based on these findings recommend to the Kalispell City Council that the requested zone change from R-3 to R-5 be granted. On a roll call vote all members voted Aye. The motion to recommend approval of the zone change passed unanimously. NORTHWEST HEALTH A request by Northwest Healthcare for a conditional use permit CARE CONDITIONAL to allow the construction of a new central plant facility for the USE PERMIT Kalispell Regional Medical Center in an H-1 zoning district. STAFF REPORT Narda Wilson gave a presentation on staff report KCU-99-10 in which staff recommends that the conditional use permit be granted subject to conditions. She stated that there has been a change in the parking lot design and referenced a modified design submitted at the meeting. The request meets the requirements under the evaluation criteria. This project should have moderate impacts to the neighborhood. Wilson recommended amending the conditions to include condition #4. The developers either eliminate the lot line or complete a re- determination of the zoning for the lot line through the Kalispell Zoning Administrator. PUBLIC HEARING The public hearing was opened to those who wished to speak in favor of the petition. PROPONENTS David Greer spoke in favor of the application stating that this is a very important building to the hospital and Northwest Healthcare. The applicants agreed to the conditions as outlined in the report and amended by staff. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Garberg asked and Greer answered that the additional condition would not change the delay time that they are going to see, there will have to be a determination completed regardless of the board's actions. Wilson stated that this is a zoning compliance issue and that this condition is in no way meant to cause a hardship for the applicant. The zoning administrator stated that is working on this matter Kalispell City -County Planning Board December 14, 1999 Meeting Minutes Page 12 of 16 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59,901 Phone: (406) 758-5980 Fax: (406) 758-5781 December 22, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Telmon, Inc. Zone Change from R-3 to R-5 Dear Chris: The Kalispell City -County Planning Board met on December 14, 1999, and held a public hearing to consider a request by Telmon, Inc and Doris Hulbert for a zone change from R- 3, a Residential zoning district R-5, a Residential/Professional Office zoning district, on approximately two acres located near the northwest corner of North Meridian Road and Three Mile Drive. Narda Wilson, representing the Flathead Regional Development Office, presented a staff report that evaluated the proposal in accordance with the required criteria. She noted that this would allow professional or government offices or pharmacies as permitted uses as well as allow for duplexes. Staff noted the inconsistent zoning in the immediate area, but recommended approval of the requested zone change. At the public hearing, no one spoke either for or against the application. The planning board discussed the zone change proposal. A motion was made and seconded to adopt staff report KZC-99-6 as findings of fact and forward a recommendation to approve the zone change from R-3 to R-5. The motion passed by unanimous vote. Please place this matter on the agenda for the January 3, 2000 regular city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely, Jean A. J President Board Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Telmon, Inc. Zone Change December 22, 1999 Page 2 JJ/NW/tl Attachments: Staff Report KZC-99-6 and application materials Draft minutes of 12/ 14/99 planning board meeting c: w/Att: Theresa White, Kalispell City Clerk c: Telmon, Inc., 580 Sunset Blvd., Kalispell, MT 59901 Doris Hulbert, 33 Three Mile Drive, Kalispell, MT 59903 H: \FRDO\TRANSMIT\KALISPEL\ 1999\KZC9906.DOC TELMON, INC. FLATHEAD REGIONAL DEVELOPMENT OFFICE ZONE CHANGE REPORT KZC-99-6 DECEM 3ER 7, 1999 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from R-3 to R-5. A public hearing has been scheduled before the planning board for December 14. 1999 beginning at 7:00 PM in the City Hall Council Chambers. The planning board will forward a recommendation to the city council for final action. A. Petitioner/Owner; Telmon, Inc. 580 Sunset Blvd. Kalispell, MT 59901 (406)755-1655 Doris Hulbert 33 Three Mile Drive Kalispell, MT 59901 (406)752-8930 B. Size and location: The parcel proposed for rezoning is approximately two acres in size. The parcel is located near the northwest comer of North Meridian Road and Three Mile Drive on the north side of Three Mile Drive. The property can be described as the east 264 feet of the west 396 feet of the s 1 /2 of Lot 20, Block 1 Northwest Tracts located in Section 1, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. B. Existing zoning: The existing zoning is R-3, a Residential zone which requires a minimum lot size of 7,000 square feet. It is primarily intended for single family homes and does not allow duplexes or office -type uses. C. Proposed Zoning: The proposed zoning is R-5, a Residential / Professional Office zone which also has a minimum lot size requirement of 7,000 square feet. This zone change would allow the site to be used for professional or governmental offices or pharmacies as permitted uses which are not allowed in the R-3 district. The amendment would also allow duplexes as an additional residential use not allowed in the R-3 zone. D. Existing Land Use: A single family dwelling is currently located on the property which will likely be converted to office space at least on a temporary basis until new office space constructed for use by the applicant and potentially other lessees. E. Adjacent Land Uses and Zoning: The property is located on the north side of Three Mile Drive and west of North Meridian Road. As the community grows and there has been increased traffic along North Meridian Road, this area has been making a transition from being relatively residential in nature to becoming more diverse. There are office buildings to the south along Three Mile Drive and along North Meridian Road. To the north of this property the local utility office uses the property for equipment storage and limited office space. North: Utility Company storage and office, P-1 zoning East: Single family home and UPS office, R-3 and I-1 zoning South: Single family homes and medical office, B-1 zoning West: Single family homes, R-3 zoning G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Telephone: Centurytel Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell H. Relation to zoning requirements: This property would comply with the lot size and lot width requirements of the proposed R-5 zoning. The parcel is underdeveloped, so there is potential for additional subdivision and development of the property which would comply with the development standards of the R-5 zoning district. The statutory basis for reviewing a change in zoning is set forth by 76-2-303 and 76-2- 305, M.C.A. The application is evaluated in accordance with the zoning criteria described - by 76-3-304, M.C.A. !• • -• -• U. .• This property is within the North Meridian Neighborhood Plan area which designates this site as "high density residential" land on the plan map, which generally anticipates a density that is allowed under proposed R-5 zoning. This zoning district allows some non-residential uses which are relatively low impact and can be considered compatible in an area such as this. This site is located along Three Mile Drive, which is classified as a minor arterial in the Kalispell City County Master. This zone change is in reasonable compliance with the land use designation for this area. 2. IS the r .ques ed zone d .signed to lessen con— s ion in flne streets? Access to the property is suitable for R-5 zoning as this property is located on the north side of Three Mile Drive. The intersection of Three Mile Drive and North Meridian Road is to the east approximately 300 feet. This roadway has been 2 scheduled for upgrade to three lanes and will be realigned to a "T" intersection at this corner. This will increase the traffic volumes along the frontage of this property and will likely include an upgrade to the approach. The proposed rezoning would create a moderate increase in traffic generation onto that intersection, depending on the eventual land use. This intersection is already a stopping point for traffic moving in the area moving north and south and to the west. 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. No unusual impacts of the rezoning on public safety or emergency services are anticipated. New construction will be required to comply with the Uniform Fire Code and the applicable building cosies. Occupation of the existing building with a non- residential use may require some upgrades to bring it into compliance with the required construction standards for commercial use. The rezoning would provide for gradual expansion of the office uses surrounding this area. The change from R-3 to R-5 would be a relatively minor increase in land use intensity. The site is generally suitable for development under R-5 zoning, and the available infrastructure and public services are generally adequate to accommodate such development. No significant impacts on public health are anticipated. No significant impact is anticipated on light and air since the zoning both R-3 and R-5 districts have comparable building height and setback requirements which provide for light and air between buildings. The rezoning would provide for gradual expansion of the office -type uses within the immediate area. The change from R-3 to R-5 opens the area to increasing commercial uses and will result in a minor increase in land use intensity. The site is generally suitable for development under either R-3 or R-5 zoning, and the available infrastructure and public services are generally adequate to accommodate such development. sewerage-7. Will the requested zone facilitate the adequate provision of transportation water. i•• •. and- • ier i)uhhc regMjremfnts_') All public services and facilities are available to this site such as fire protection, police protection, schools, parks and recreation and suitable street access. The change from R-3 to R-5 would be a relatively minor increase in land use intensity. The available infrastructure and public services are generally adequate to accommodate development under either zoning designation. 3 The site is generally suitable for development under either R-3 or R-5 zoning. This area is in a time of transition from the traditional residential uses in the area to more intensive uses, mostly professional offices and personal service type uses. This zone change is on the fringe areas of what could be considered appropriate for quasi -commercial uses since there are residential uses to the east, west and to the south. This property is not particularly well -suited for residential uses because of the increasing traffic in the area, and may be considered better suited for a low impact commercial uses. No significant environmental constraints are apparent on the site. R-5 zoning would allow the development option of limited commercial uses, which would be less affected by highway noise. The site is along the boundary between a growing commercial area, i.e. North Meridian Road, and the more residential areas west of Kalispell which has fully developed single family residential areas. The rezoning would be inconsistent with the adjacent single family neighborhood to the north, west, and across the highway. On the other hand, the change in land use intensity between R-3 and R-5 is relatively minor, and the offices uses allowed under R-5 are generally considered compatible in multifamily residential areas. The rezoning would be consistent with the land use pattern set by the newly constructed office development to the south of this property at the southwest corner of North Meridian Road and Three Mile Drive. A notice of public hearing w•as mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. No comments from neighbors have been received as of this writing. No significant impact on property values is anticipated. As noted above, the rezoning would be inconsistent with the adjacent single family neighborhoods, but the change in land use intensity between R-3 and R-5 is relatively minor, and the offices uses allowed under R-5 are generally considered compatible in multifamily residential areas. As noted above, the rezoning would be in substantial compliance with the land use the map designation of "high density residential' on the existing neighborhood plan map, but it would be inconsistent with other zoning surrounding it. On the other hand, it appears to be the trend in this area because of the increasing traffic in the area, the upgrade of North Meridian Road, making this area less than desirable for the traditional residential uses in the area. Furthermore, there is a hodgepodge of zoning districts in the immediate area creating a rather disjointed neigbhorhood. This zone change generally contributes to the disjointed zoning and does not 4 provide for good consistency of the type and nature of development in this area. Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt FRDO staff report KZC-99-6 as findings of fact and recommend approval of the requested zone change from R-3 to R-5. H: \... \KZC \98 \KZC98-4 5 TELMON, P.O. Box 5027 Kalispell, MT 59903-5027 November 10, 1999 City Council City Hall Kalispell, MT 59901 RE: Zoning Change City Council Members: Telmon, Inc. is interested in purchasing the property located at 33 Three Mile Drive (legal description: East 264' of West 396', South 1/2, Lot 20, Block 1 NW Tracts). We are seeking a location that will entertain future growth as a company and believe the location stated above represents this opportunity. As a condition of sale with the current property owner, we have asked that the zoning for the above -mentioned property be changed from R-3 to R-5. Our intended use for this property would include but not be limited to the construction of a corporate headquarters with any excess office footage being leased as professional office space. It is possible that the existing building could be rented as a single-family residence or temporarily used as our corporate office. Telmon networks voice and data systems for companies on a national basis. Our corporate headquarters is used as a support center for our national operations. As a support center, the corporate office provides administrative/clerical activities thus reducing the amount of traffic at the facility. As we have stated above our intent is to establish this as a professional business location. We feel that our intentions minor the current development along North Meridian Road, and our proposed zone change will enhance this area. We hope that you will accept our request for a zoning change for the property located at 33 Three Mile Drive. I have attached a letter from the current property owner Mrs. Doris Hulbert giving Telmon, Inc. the authorization to act on her behalf related to the zone change. Cordially, Michael A. Himsl �,' Controller November 8, 1999 To: Kalispell City Council From: Doris Hulbert Re: Zone Change for:33 Three Mile Drive Kalispell, Mt. I am requesting, with this letter, that Telmon, Inc. be allowed to act on my behalf to apply for a Zone change for my property located at 33 Three Mile Drive in Kalispell. I have entered into a purchase and sale agreement with Telmon, Inc., subject to their ability to obtain R-5 zoning on this property. Thank you for your consideration. I hope Telmon, Inc. is able to have the zoning changed. Sincerely, e Doris Hulbert 33 Three Mile Drive Kalispell, Mt_ 59901 752-8930 Flathead Regional Development Office 723 511, Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 1. NAME OF APPLICANT: Telmon, Inc. 2. MAIL ADDRESS: 580 Sunset Blvd. 3. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 755-1655 4. INTEREST IN PROPERTY: Buyer 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: 33 Three -Mile Drive B. Legal Description: (Lot and Block of Subdivision; Tract #) E. 264' of W. 396' of S 1/2, Lot 20, Blk 1 NW Tracts (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: 9-3 D. The proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: Business development in the surrounding area has increased. 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe access Our office would be used as a support center for our national operations, thus not increasing traffic in this area via drive by sales. C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities Any future construction on this property would require a hook up to city water and sewer, enabling access to other landowners in this area. H. Giving reasonable consideration to the character of the district As the area continues to evolve we feel our intentions are consistent with the growth that has/will take place. E I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during approval process. (Applicant) (Date) lu� -7nA- I �/, Af X",// ?,,-) 3 APPLICATION PROCESS r'LICABLE TO ALL ZONING APPLICATIONS: A. Pre -Application Meeting: A discussion with the Planning Director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. B. Completed application form. C. Application fee per schedule, made payable to the Flathead Regional Development Office. Fee Schedule Zone Change: Base fee For first 80 acres of area of the request add Plus for next 81 - 160 acres add Plus for next 161 acres or more add Amendment to Zoning Text PUD Zoning Review: Residential Commercial Mixed Use 400.0 ? 5 j acre $3 / acre $1 j acre $300.00 $400.00 + $5/acre $500.00 + $5/acre $650.00 + $5/acre D. The application must be accented as complete by the FRDO staff thirty (30) days prior to the date of the meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: 1. Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 2. A map showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title report of the subject property. ,�/4 061 A10�4 As approved by the CAB on 5/25/99 Revised 6/30/99 sm 4 r KVU Z-98 CERTIFICATION APPLICANT: TELMON INC R-3 TO R-5 FRDO FILE #: KZC-99-6 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 1r0 feet of the property lines of the property that is the subject of the application. U Date: Assessor's S-T-R Lot/Tract Property Owner No. No. & 'Mail Address SEE ATTACHED LIST APPLICANT TELMON INC 580 SUNSET BLVD KALISPELL MT 59901 OWNER OF RECORD DORIS HULBERT 33 THREE MILE DRIVE KALISPELL MT 59901 JAW Z.. Z':-_..1 it1ottk l)tSf - E- 26y' of + C1-a�-zz) TRACT # ASSESSOR # OWNER/ADDRESS .. _—. -�1^\: O� Iggt o �,:\� Lam. 3tx . � - p O•� 9 /q t�0.�; ►, tv�-T- vn YA Gcl QS A' s'9 9 C- 7��ts F Nrzt��Jrst D �,� � a oa K�t;5pe11, tn� ��Q�S 599�1 - %ter AdaC . 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Zone Change from R-3 to R-S on Meridian Rd. and Three Mile Dr. Conditional Use Permit for NW Health Care Central Plant Various Annexations The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, December 14, 1999, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Kalispell City Council and / or Board of County Commissioners who will take final action: To the Board of County Commissioners: 1. A request by Andrew Farris for preliminary plat approval of Kelsey Subdivision, a 33 lot residential cluster subdivision on approximately 18 acres in the Evergreen and Vicinity Zoning District. The property is zoned R-2, a One Family Limited Residential zone requiring a minimum 20,000 square foot lot size. Because this is being filed as a cluster subdivision, a conditional use permit will be required to allow the creation of lots varying in size between 10,000 square feet and 15,868 square feet. The cluster design has been used to cluster the higher density lots near the center of the property with open space areas near the perimeter of the site which will also accommodate a community drainfield. Water will be provided by the Evergreen Water and Sewer District and sewage treatment will be provided through the use of an on -site community drainfield system for the majority of the lots and the use of Evergreen sewer on the lots fronting along East Reserve Drive. The property can be described as Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 West, P.M. M., Flathead County, Montana. To the Kalispell City Council: 2. A request by Telmon, Inc. on behalf of Doris Hulbert for a zone change from R-3, a Residential zoning designation, to R-5, a Residential / Professional Office zoning designation on approximately 2.0 acres. This property is located west of North Meridian Road approximately 200 feet on the north side of Three Mile Drive in Kalispell. The purpose for rezoning this property is for the construction of professional office buildings. The property address is 33 Three Mile Drive and can be further described as the east 264 feet of the west 396 feet of the south half of Lot 20, Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and as further described in Exhibit A. 3. A request by Northwest Health Care for a conditional use permit to allow the construction of a new central plant facility for the Kalispell Regional Medical Center in an H-1, Health Care, zoning district. The central plant facility will contain boilers and chillers for heating and cooling, laundry facilities, maintenance offices and emergency power generators. A parking lot will also be constructed north of the central plant as part of this proposal. The area where this facility will be constructed is east of the existing hospital building and will replace the existing plant. This property is located on the south side of Sunnyview Lane Drive and east of Highway 93. The property address is 310 Sunnyview Lane can be further described as Assessor's Tract 6E located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Somers Land Co. for annexation of Ashley Park Phase III into the city of Kalispell and initial zoning of R-4, Two Family- Residential, for approximately 8.44 acres. The property proposed for annexation is located west of Airport Road and south of South Meadows Subdivision and is the new: phase of Ashley Park Subdivision. Currently this' property is in the West Side Zoning District and is zoned County R-4, a Two Family Residential zoning district. The property can be described as a portion of Assessor's Tract 4 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit B. 5. A request by Buffalo Chip Partners for annexation of Buffalo Stage Phase IV into the city of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, for approximately 5.58 acres. The property proposed for annexation is located west of Whitefish Stage Road and north of Edgerton School and is the next phase of Buffalo Stage Subdivision. Currently this property is in the Evergreen and Vicinity Zoning District and is zoned County RA-1, a Low Density Residential Apartment zoning district. The property can be described as a portion of Assessor's Tract I located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit C. 6. A request by Robert Rinke for annexation of property into the city of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, for approximately 0.82 acres. The property proposed for annexation is located east of Fifth Avenue East and north of 18th Avenue Street and is a portion of proposed Subdivision No. 182. Currently this property is in the Willow Glen Zoning District and is zoned County R-4, a Two Family Limited Residential zoning district. The property can be described as portions of Assessor's Tracts 5-15A and 5-12 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit D. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing ma%- be submitted to the Flathead Regional Development Office at the above address prior to dhe date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. f t T'�"l A �� Thomas R. Jentz Planning Director PUBLISH: Legal Notices Daily InterLake Sunday, November 28, 1999 EXHIBIT A LEGAL DESCRIPTION FOR TELMON, INC. ZONE CHANGE FROM R-3 TO R-S This property can be described as follows: The east 264 feet of the west 396 feet of the south half of Lot 20 , Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana and containing approximately 2.0 acres and as recorded in Book 417, Page 114, Flathead County Clerk and Recorders Office. EXHIBIT B LEGAL DESCRIPTION FOR ASHLEY PARK PHASE III ANNEXATION AND INITIAL ZONING OF R-4 A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northeast corner of the Northwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary of said NW1/4SE1/4 S88*39110"W 120.00 feet to a set iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence S01*2112911E 107.05 feet to a set iron pin; Thence N88 * 38' 3111E 13.00 feet to a found iron pin; T hence S01 * 21' 2911E 66.00 feet to a found iron pin; Thence S88*38'31"W 33.00 feet to a found iron pin; Thence S01*2112911E 487.00 feet to a set iron pin; Thence S88'39'10"W 560.00 feet to a set iron pin; Thence N01*2112911W 437.00 feet to a set iron pin; Thence N38'13133"E 85.62 feet to a set iron pin; Thence N01'21'29"W 107.05 feet to a set iron pin on the ncr`h boundary of said NW_/4SE1/4; Thence along said north tcundary N88'39'10"E 525.44 feet to the point of beginning and containing 8.409 ACRES; Subject to and together with all appurtenant easements of record. 1-E ABCv DESCRIBE: TRACT OF LAND SF-kLL HERFA_TER B;j KqOWN AS: ASHLEY PARR, PHASE III EXHIBIT C LEGAL DESCRIPTION FOR BUFFALO STAGE PHASE IV ANNEXATION AND INITIAL ZONING OF RA-1 A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OFF SECTION 31 and IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER. OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northeast corner of the Southeast Quarter of Section 31, Township 29 North, Range 21.West, P.H.,M., Flathead County, Montana; Thence along the east boundary of said SE1/4 S00 `03' 11"W 617.89 feet to THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence N89*56152"E 115.11 feet to a set iron pin on the easterly R/W of a 60 foot road known as Bruver Way Loop; Thence along said R/W S00 * 09' 16"W 219.44 feet to a found iron pin and the P.C. of a 150.00 foot radius curve, concave northwesterly, having a central an?e of 36*22137"; Thence along an arc length of 95.23 feet to' a found iron pin; Thence S36*31153"W 34.734 feet to a found iron pin on the norther.Lv boundary of the Plat of Bu_falo Stage Phase III (records of Flathead County, Montana); Thence along said northerly boundary N53*28107"W 60.00 feet to a found iron pin; Thence N89*5711311W 513.90 feet to a found iron pin; Thence N83008101"W 90.64 feet to a found iron pin; Thence N7950'48"W 91.42 feet to a found iron pin or. the easterly boundary o` the Plat of Buffalo Stage Phase II (records of Flathead County, Montana); Thence along said easterly boundary N00*03111"E 139.85 feet to a found iron pin; Thence N14*44148"W 61.70 feet to a found iron pin; Thence N15*00'0011W 102.29 feet to a found iron pin; Thence leaving said boundary N89*1811311E 113.48 feet to a set iron pin; Thence S78'30113"E 111.07 feet to a set iron pin; Thence S86'41'0011E 90.15 feet to a set iron pin; Thence N89`56'52"E 407.23 feet to the point of beginning and containing 5.582 ACRES. Subject to and together with all appurtenant easements of record. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: BUFFALO STAGE PHASE IV EXHIBIT D LEGAL DESCRIPTION FOR ROBERT RINKE ANNEXATION AND INITIAL ZONING OF RA-1 Commencing at the Southwest comet- of Block 248 of Addition No. 7 to the City of Kalispell, a map or plat on Me in the office of the Hothead County Cleric and Recorder, thence S 13'49'00' E; 1210.00 feet along the east right of way of Firth Avenue East; thence leaving said right of way, N 7611'00' E, 150.00 feet to the TRUE POINT OF BEG;NNING of the Tract of land being described; thence N 7611'00 E, 22 91 feet to the west boundary of Greenacres Northwest Subdivision, a map or plat on Erie in the office of the Flathead County Cleric and Recorder; thence S 00'05'41' E, 191.54 feet along said west boundary to the southeast comer Deed Exhibit Bock 515, Page 367, Flathead County Records, thence leaving said west boundary, S 81 `OS'00' W, 178.13 feet along the south boundary of said Deed Exhibit thence leaving scid south boundary, N 13'49'00' W, 170.86 feet to the point of beginning. Containing 0.82 acres of land. Situate, lying and being in the Sr't1/4 of Section 17, Township 28 North, Rcnge 21 West, P.M.+A., Flathead County, Montana. s -- 14 7EE ^` - - ' 26 2z 25 17 Ao Y 24 8 -z 7 23 z 9 z 5 21 ��S Q sue— � . 7 �J• 7.182 � c 22 'Gh € z�p & ' � 3 J 3 N` A 5 24 22 = 7J ` 171 ° cc 1 tir �-_= BER C I _ 5AC D Q A cCl 1 24 23 22 21 20 19 18 17 .° jjjf---s jjjA 6BF 1 2 1 2 3 4 118 5 � 1 6BK 3 5 PLA, �arr c 2 25 _ . 4 24 23 22 21 K 114 1 6BR i8 '— 2 Gi=NWOCQ 9K Z - 11 12 13 19 9 12 , cc�� 68SA 6B 3 4= Y- a 1 �11` 3 6 B 10 -- 18 10 _ - Z- 7 Y -- 9 �— 2 17 _1 1 10 4 68QA - - _ -_ _ - - 3 16 12 9 5 68Q8 681 6 BIA 7 6 5 4 15 14 1,3 8 7 E3HA 68 = 1 2 3 4: 5 6 1 2 3 1 2 3 4 BGA 7 : BK 5 8K 6 7'' UNC 3iC 6 Y 1t 3 THE 1 2 1 1 MARSH� NNILLS s - P'— !�SS - RO GLE.N MAN R ACa 1 m 0f? r2iZCNt 1 QO 1 VICINITYMAP TELMON, INC / DORIS HULBERT REQUEST FOR A ZONE CHANGE FROM R-3, ONE FAMILY RESIDENTIAL, TO R-5, RESIDENTIAL / PROFESSIONAL OFFICE ,ALISPELL ZONING DISTRICT FILE# KZC-99-6 SCALE 1" = 300' g��rite\KZC9996.dvg 14 6 32 SCHOuL SITE 20 SHERRY LN 21 3 4 , 2 3 2, K , co S 2 1 6 3 m ? 28 14 X 4 H i t ' 27 NORTHWEf TRACTS 15 0 8 c° 5 FO 26 BLK 1 16 6 1 � m 25 17 9 7 2m ^ 8 24 18 to $ Z m 7 23 19 11 9 2 W 6 PACIFIC POWER 12 0 10 5 22 & LIGHT ADD # 17 13 � 11 4 zccl§ 04 'x 0 14 2 3 3 15 D L 2 2 25 24 23 22 1 �Qti 16 ADD. 2 ADD r. .10 N1 it AK 5Au 24 23 22 2 19 18 17 5AB AM i eD1 40 2 I OSEW 1 s 3 m x z 5 ' _._-� 1 SAGA 2 x 24 23 6 7 BK 1 14 4 20 3 8 2 3 B 5 GlENW00D 19 9 12 m 11 12 1 1 11 i J SAL 4 U m < 1 s 10�% 10 t0) 4 r (�- � z B 3 2 17 ii o: 5 z 7 9 3 16 12 9I 5 O'SON a 8 1ST. ADD 6 7 6 5 15 t 13 8 7 I 6 7A ADD J 16 1 2 3 4 6 1 2 3 1 3 4 8 5 6 71 att] VALiEY VIEW E 2 1 9 10 MARS it 1 3 i 1 m APARTMENTS x RO GLEN R AD� 1hl D 1a PI ES 12 58812 9 4 5 6 z� AMD WTH0 IN = ozLrL N MA WEST I BIN MONTANA POWER ADD. J139 3 WEST ill ,M}{OR 7IM A u t5 R N 6 g a 5CB raj z v+ F, 5 JUBI , 19 Le 4 a —1 4 8 a 1 5CEA 'S TETON STREET CJlZ 3 LAM 2 ARID outRTS AD046 1 ®®u m p-- FLATHEAD C )i -...V 'LAT RO<)M ry 2 - 8(;4� S.vtain PO1 A VLLA #3!4 I 1 5 A 5CF Kali3peil.MT59901 YELLOWSTONE ST A UNBURST Cr 61 5 4 3 i 4 1 , nc BK 1 5 7 A v I 1 4 ,r A &. 5CC 1 1 3 51 R D STUBBS GLACI _ 2 tIo , ,M ADO. 58 4 21 11 VI VI i m i BK 5CD 1 r, 5H SG Sr 5: i NORTH HAVEN DR �C�o 15 4 8 1 2DCA — -- — — 6 4 3 2 5 4 3 2 1 1 5 e�� A R{C � t4 ' 2DCD 1 2 3 4 5 6 7 2 20 S Mf1 2 1 — SUMMIT RI DR 19 .� t2 t8 ♦ 9 :.. 11 10 5 4 3 9 10 11 12 13 14 1 16 17 it = LK 2w 10 12 9 y 1 27 6 4 PARK A 9 °' DC+ 8 7 1 3 I 8 � ��' Al 14 7 g 2 ° . Q Q� 7 i. 263 5 BL 1 4 6 1 5 HILL TOP q 1 13 12 2 G�4 SSW 8 BLK 10 B 9 g B 1 1 K 1 7 7 12 10 �� 1 4 KAUSPELL 0-E 3 1 2 6 9 �pQ 4 3-8 ADD t 3 5 5 8 3 ` C14��' 2 NO 15A S OR 6 5 4 4 2 9 t0 7 2 N �� 1 1A BLK 1 4 1 E BLK 12 1 12 3 OR 6 1 1 �us23 � F, 2 9 10 8 1 2 %%g z �` NOR 3 4 238 1 11 1 7 6 5 0 2 1 t 1 2 g 4 2 1 23A 29 28 27 1 3 1 1 W 13 2 `� 0 27 25 2 7 26 8 2 2 3 4 5 5 8 t ¢ 2 18 2 12 3 2= 9 3 24 ,T 2 4 3 �sy 17116 t 1^ 4$— 1 14 13 26 4 23 5 1 Bl 2 2 SHERwooD '� 25 3 4 11 25 5 22 1 2 6Q 2 `' Oe 9 C' r 5 9� 24 23 22 LK B 1 12 .4 9 6 �� 7 �� 21 20 19 1 17 1 1 t 1 13 43 24 gAtSGr4TE 7 12 2 1 x 8 ' 8 9 2 7 WEDGEWOOD LN 0 14 15 23 1 1 Y 111 3 17 co SCHOOL DISTRICT t6 4 98 6 10 3 16 i �Y 4 5 NO. 5 JUNIOR HIGH x m 17 18 22 21 2B 1 3, 5 1 5 4 19 4 7 14 6 3 SCHOOL SITE 20 20 RESUB L.6 8.7 5 �' SHERRY LN 21 20 2 �`'� 1 2 3 4 1 2 3 2 1 18 19 -- CD 2 1 K 1 — — —1.3- 6 CD 28 14 PARK 7 x 4 ' o 27 NORTHWE T TRACTS 15 8 tO g � 26 BLK 1 16 6 1} m 25 17 5AH 9 7 2 c 24 18 5AA 10 8 5AF � m 7 23 19 W 6 r 5 PACIFIC POWER 21 5AG 12 10 11 0 OAS 22 & LIGHT ADD # 17 5Aj 13 4 z a 4 yid 1� 14 pii 0 NO.62 3 3 5A 15 L 2 2 25 24 23 22 21 20 16 aflo.2 Ao0 �o "°.i 1 AK 000y00 000000 t 000 00 000 00 000 00 000 00 i 000 00 000 00 000 00 000 00 i 000 00 000 00 000 00 O00 00 - DRIVE� SAO 24 23 22 21 20 19 SS 17 5AD 5AB Am 1 �o.t 4CB 5AE 1 2 2' 3 1 '-% ; S 3 ® k 5 1 5AGA 2 25 K 6 BK 1 t4 1A N 4 24 20 7 13 2 8 5AF � S /2, 3 9 5 c1.ENw000 ax 12 SveO 5AL � 4 m 11 12 ' t 18 10 1 IV 9 S 10 0 4 z g 3 2 17 11 4A s 4 3 2 1 O�ON 5 W 7 a 9 3 16 12 9 5 U RTY lL4GE 1ST. ADD 6 7 6 5 15 1 13 8 7 6 LIBERTY STRE 6 TREASURE - 1 2 3 4 6r 2 3 t EL DORTTA ADD / 16 3 4 STATE VILLAGE B 5 K 6 PLAZA ADO 147 ADD 1111 VALLEY VIEW E 2 1 9 10 1 MARSH APARTMENTS 11 1 3 t m LIBERTY VILLAGEx � a PI ES GLEN �12 1 i 12 4 5 6 14 SBSi z AMD qkWTHO N 8 HAWiH Bil HEST I WEST III WTtiOR 7 MONTANA POWER ADD. #139 u 571 ' cv 6,9 Sk A� 5CB 20 � 2 2 = I M N F. 5 JU c � 2L 2M 19 7A 7 6 1 O 4.al ^ 5CEA TETON STREET C1` 3 , 2MA ®� mz g�, 2 AND oulRTs ADD" 1 s,rz 2' _ , u Pot A VELA #14 �'a 1 A ` In 5CF YEUOWSTONE ST I A RST 1 11 �Ax 2LC 2MD 5 8K 3 I 1 5 155 1, 4 A 7 9 i ' >M 5CC 2LB P I 3 GUCI 2 ,+o '� ADO. 58 I 2FAA 6 5BK, I2 1 m 1 V( i I Two MILE ORIVE x + SH % 5E 5CD -- ----- ---- AMD PUT AMD PUT GATEWAY---- --------------------- 6GAA 2CA OF THE WESTERLY PO � OF L2 of WEST ADD s THE AMD KALISPELL GATEWAY WE ��APYOR #34 GATEWA ADD. 3Z1GA :.o R h ADO 134 WEST � ^ 1 2CJ AMD PUT OF pF L2 FPTHE UT OF THE Pip QP�� WEST h AMD PUT OF pF ADD 34 I W'lY PORTION Of GATEWAY WEST ADD o R o P 134 �yYp n R GPI DA t HUSKY STREET z z A �I _ 2CK �p ( _u T A i REPORT TO: SUBJECT IM D� VV i Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Telmon, Inc. Zone Change Request from R-3 to R-5 January 3, 2000 BACKGROUND: This is a proposal to rezone an approximate two acre site located near the northwest corner of North Meridian Road and Three Mile Drive. The applicants are interested in purchasing the property from Doris Hulbert for the purposes of developing an office building. The proposed R-5 zoning allows for limited office uses and would be generally compatible with other uses developing in the area. This matter went to the planning board for public hearing and consideration on December 14, 1999 and they are recommending that the property be rezoned to R-5, Residential / Professional Office, as proposed. As an additional note, you will notice that the zoning in this area is very consistent and does not provide for a cohesive framework for development. At some point in the future, the council may want to consider a comprehensive plan for rezoning this area rather than the piecemeal approach on an individual basis that has taken place in the past. RECOMMENDATION: A motion to adopt the first reading of the ordinance amending the Kalispell Zoning District map to rezone these properties from R-3 to R-5 would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. W son Chris A. Kukulski Senior Planner City Manager Report compiled: December 22, 1999 Attachments: Letter of transmittal Staff report KZC-99-6 and back-up materials Draft planning board minutes Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • ORDINANCE NO. 1346 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A" RESIDENTIAL/PROFESSIONAL OFFICE, R-5, IN ACCORDANCE WITH THE CITY - COUNTY MASTER PLAN, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, Doris Hulbert and Telmon, Inc., the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to R-5, Residential/Professional Office, and WHEREAS, the property, currently zone Residential, R-5, is surrounded to the North by utility company storage and office, P-1 classification, to the East by single family homes and the UPS office, R-3 and I-1 classification, to the South by single family homes and medical office, 3-1 classification, and to the West by single family homes, R-3 classification, and WHEREAS, a report compiled by the Flathead Regional Development Office, #KZC-99-6, dated December 7, 1999, recommended that the property as described above be zoned R-5, Residential/Professional Office as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned R-5, Residential/Professional Office, 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 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 FRDO as set forth in Report No. KZC-99-6. 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 #1175) is hereby amended by designating the property described in Exhibit "A" as R-5, Residential/Professional Office. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not 1 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 and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF JANUARY, 2000. ATTEST: Theresa White City Clerk E Wm. E. Boharski Mayor LEGAL DESCRIPTION FOR TELMON, INC. ZONE CHANGE FROM R-3 TO R-5 This property can be described as follows: The east 264 feet of the west 396 feet of the south half of Lot 20 , Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana and containing approximately 2.0 acres and as recorded in Book 417, Page 114, Flathead County Clerk and Recorders Office. them to the board before the next meeting. Stevens stated that he is tired of these meetings that go on past 10:30 p.m. and that it is a disservice to the people that come to the hearings. MOTION Heinecke moved that this application be tabled until they get written copy of the developer's requests for changes in conditions and findings, seconded by Garberg. On a roll call vote: Hines, Garberg, Heinecke, Sipe and Stevens voted Aye. Mann and Brenneman voted No. The motion to table passed on a vote of five in favor and two opposed. Wilson explained that the packet goes out on the 4th January for the meeting on the 11 th and they would need Parsons' information by that time. Johnson returned to his seat on the board. TELMON, INC ZONE A request by Telmon, Inc. for a zone change from R-3 to R-5 on CHANGE approximately 2.0 acres west of North Meridian Road on the north side of Three Mile Drive in Kalispell. STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a presentation on staff report KZC-99-6 in which staff recommends approval of the requested zone change. This is about a two -acre parcel. This is a transitional neighborhood. The area is a hodgepodge of zoning and development. In looking at what zoning might be compatible with the area and comply with the master plan designation and meet the applicants needs R-5 or RA-3 would be the most appropriate designations. R-5 allows for more office uses. This is in reasonable compliance with the designated uses. With the other zoning in the area this seems like a reasonable request. She does not believe that this is spot zoning because it is consistent with other uses in the area. PUBLIC BEARING The public hearing was opened to those who wished to speak on the application. PROPONENTS Mike Himsel, representing Telmon, spoke in favor of the application stating that they are looking for a spot for office uses. Their office personnel currently numbers five persons, and this would not conflict with the area or cause any detriment. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Stevens stated that he is in favor of the application. Kalispell City -County Planning Board December 14, 1999 Meeting Minutes Page 11 of 16 Garberg asked and Wilson answered that there are height limits in the zoning designation and it is generally a low impact office district. Heinecke asked and was answered that the owner is in favor of the zone change. MOTION Mann moved and Sipe seconded to adopt staff report KZC-99-6 as findings of fact and, based on these findings recommend to the Kalispell City Council that the requested zone change from R-3 to R-5 be granted. On a roll call vote all members voted Aye. The motion to recommend approval of the zone change passed unanimously. NORTHWEST HEALTH A request by Northwest Healthcare for a conditional use permit CARE CONDITIONAL to allow the construction of a new central plant facility for the USE PERMIT Kalispell Regional Medical Center in an H-1 zoning district. STAFF REPORT Narda Wilson gave a presentation on staff report KCU-99-10 in which staff recommends that the conditional use permit be granted subject to conditions. She stated that there has been a change in the parking lot design and referenced a modified design submitted at the meeting. The request meets the requirements under the evaluation criteria. This project shoule have moderate impacts to the neighborhood. Wilsoi recommended amending the conditions to include condition #4 The developers either eliminate the lot line or complete a re determination of the zoning for the lot line through the Kalispell Zoning Administrator. PUBLIC HEARING The public hearing was opened to those who wished to speak in favor of the petition. PROPONENTS David Greer spoke in favor of the application stating that this is a very important building to the hospital and Northwest Healthcare. The applicants agreed to the conditions as outlined in the report and amended by staff. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Garberg asked and Greer answered that the additional condition would not change the delay time that they are going to see, there will have to be a determination completed regardless of the board's actions. Wilson stated that this is a zoning compliance issue and that this condition is in no way meant to cause a hardship for the applicant. The zoning administrator stated that is working on this matter Kalispell City -County Planning Board December 14, 1999 Meeting Minutes Page 12 of 16