Loading...
03. Ordinance 1302 - Zone Change - Janae Moore - 1st ReadingORDINANCE NO. 1302 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 AS LOTS 7-12, BLOCK 233, KALISPELL 4"" ADDITION, SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY (PREVIOUSLY ZONED RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Janae Moore, et al., 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 RA-3, Residential Apartment/Office, and WHEREAS, the property as described exists as property surrounded to the North by single-family homes, RA-1 Zoning, to the East by single-family homes, R-3 Zoning, to the South by single- family homes, B-2 Zoning, and to the West by single-family homes, B-2 Zoning, and WHEREAS, the petition of Janae Moore, et. al was the subject of a report compiled by the Flathead Regional Development Office, #KCZ-98-6, dated January 4, 1999, in which the Flathead Regional Development 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 -County Planning Board and Zoning Commission issued a report adopting the FRDO 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 adopts, based upon the criterion set forth in Section 76-3-608, MCA, and St-atp, Etc- v. Board of County CnMmigsinnprs, Etc__ 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KCZ-98-6. 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 as Lots 7-12, Blbck 233, Kalispell 4th Addition, Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County as RA-3, Residential Apartment/Office. SECTION IT. 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 and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF AND SIGNED BY THE MAYOR THIS DAY OF _ ATTEST: Theresa White Clerk of Council N THE CITY OF KALISPELL . 1999. Wm. E. Boharski Mayor Flathead Regional Development Office 723 5th Avenue East - Roan 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 January 21, 1999 Glen Neier, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Janae Moore Zone Change Request from RA-1 to RA-3 Dear Glen: The Kalispell City -County Planning Board met on January 12, 1999, and held a public hearing to consider a request by Janae L. Moore, et al, for a zone change from RA-1 Low Density Residential, to RA-3 Residential Apartment/Office on the properties located on the east side of First Avenue E.N. between Washington and Oregon Streets, at the following addresses: 351, 365, 373, 377, 381, and 395. The area proposed for rezoning contains approximately 0.96 acres. Steve Kountz of the Flathead Regional Development Office evaluated the proposal based upon the statutory criteria and recorm-nended approval of the requested zone change. At the public hearing 4 out of the 6 affected property owners were in favor of the zone change and 2 were against. The main concern of those against is that they want the area to stay strictly residential. The Planning Board discussed the public testimony. A motion was made and seconded to adopt staff report #KZC-98-6 as findings of fact and forward a recommendation to approve the zone change from RA-1 to RA-3. The motion passed on a vote of six in favor and none opposed. Please place this matter on the agenda for the February- 1, 1999 regular City Council meeting. Please contact this board or Steve Kountz at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely, Jean Johnson. President Glen Neier Re: Janae Moore zone change January 12, 1999 Page 2 of 2 TJ/SK/tl Attachments: FRDO Report #KZC-98-6 w/application materials Draft minutes of 1/ 12/99 Planning Board meeting Exhibit A (legal description) c: w/Att: Theresa White, Kalispell City Clerk c: w/o Att: Janae L. Moore, c/o Lou Stone, #6 Sunset Plaza, Kalispell, MT 59901 FE \... \TRANSMIT\KALISPEL\ 1999\KZC98-6 EjttORE ZONING MAP The first public hearing was introduced on a petition by Janae 111 AMENDMENTS Moore, et al to rezone approximately .96 acres located on the east �[ side of First Avenue E.N. between Washington and Oregon Streets, at the following addresses: 351,365, 373, 377, 381 and 395. Staff Report Steve Kountz, FRDO, presented a summary of Staff Report #KZC- 98-6, recommending that the planning board and zoning commission adopt the report and recommend the approval of the requested zone change from RA-1 to RA-3. He presented 3 letters in favor and 2 against the zone change out of 6 property owners. Public Hearing: The public hearing was opened to the audience in favor of the proposed change. Proponents The applicant, Janae Moore, spoke in favor of the proposal and noted that there are 4 property owners in favor and 2 against the zone change. Lou Stone, 303 9th Avenue, Co -petitioner, spoke in favor of the petition. She is looking at the lot for purchase for a clinic and this lot would include off street parking. The area also has a scattering of small businesses. Janene Lembke, 1325 4tn Street West, spoke in favor of the petition by agreeing with the previous proponents. Opponents Karen Olson, 373 1st Avenue E.N. spoke against the zone change and is concerned about the economic viability of the area. No one else spoke against the petition. Board Discussion The board discussed spot zoning and concerns over transitional zoning, and mined use zoning and gave their views on this request for a zone change. Motion Stevens moved and Heinecke seconded that the Kalispell City - County Planning Board and Zoning Commission adopt Staff Report #KZC-98-6 as findings of fact and recommend that the Kalispell City Council approve the requested zone change for the entire block. President Johnson asked that the recording secretary rotate the request for votes. Roll Call Vote On a roll call vote all members present voted Aye. The motion carried on a vote of 9-0. ROSAUERS A request from the City of Kalispell and Rosauers Supermarkets, SUPERMARKETS AND for a zone change from P-1 Public Zoning to B-2 General Business Kalispell City County Planning Board Minutes of meeting January 12, 1999 Page 3 of 6 JANAE L. MOORE ET AL. FLATHEAD REGIONAL DEVELOPMENT OFFICE ZONE CHANGE REPORT #KZC-98-6 JANUARY 4, 1999 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from RA-1 to RA-3. A public hearing has been scheduled before the planning board on January 12, 1998, in the City Hall Council Chambers. The planning board will forward a recommendation to the city council for final action. A. Petitioner: Janae L. Moore (owner of lot 12, block 233) c/o Lou Stone #6 Sunset Plaza Kalispell, MT 59901 Gladys C. Baier (owner of lot 8, block 233) Helen M. Pokoroski (owner of lot 10, block 233) B. Size and location: The property proposed for rezoning is approximately 0.96 acres in size. The properties consist of those on the east side of First Avenue E.N. between Washington and Oregon Streets, at the following addresses: 351, 365, 373, 377, 381, and 395. The property is described as Lots 7-12, Block 233, Kalispell 4m Addition, Section 7, T28N, R21 W, P.M., M., Flathead County, Montana. C. Existing zoning: The existing zoning is RA-1 Low Density Residential Apartment, which requires a minimum lot size of 6,000 square feet for a duplex and 3,000 square feet per additional dwelling unit. RA-1 zoning would allow up to a duplex on each lot. D. Proposed Zoning: The proposed zoning is RA-3 Residential Apartment / Office. The amendment would allow the site to be used for clinics, professional or governmental offices, or pharmacies as permitted uses, which are not allowed in the RA-1 district. The amendment would also change the minimum lot area to 7,000 square feet for a duplex and 1,500 square feet per each additional dwelling unit, thus also allowing up to a duplex on each lot. E. Existing Land Use: Each lot has a single family house on it. F. Adjacent Land Uses and Zoning: North: Single-family houses, RA-1 zoning East: Alley, single family houses, R-3 zoning South: Washington St., single family houses, B-2 zoning West- 1 st A. E., single family houses, B-2 zoning G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Telephone: Centurytel Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell H. Relation to zoning requirements: The existing lot sizes and land uses would comply with the proposed zoning. The width of the existing lots (50 feet) do not comply with either the existing RA-1 requirements (60 foot minimum) or the proposed RA-3 requirements (70 foot minimum). 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. Does the requested zone comply with the Master Plan? The rezoning would substantially comply with the master plan. The site is designated as "high density residential' land on the master plan map, which would support both the existing and proposed zoning. The master plan, adopted in 1986, is in the process of being updated. The current draft of the plan update (dated 10/20/98 and being circulated for public review) designates this area as "urban mixed -use corridor," which would support multi -family housing or commercial uses on the site. 2. Is the requested zone designed to lessen congestion in the streets? The site is well located for circulation to accommodate RA-3 development without undue congestion. The site is within one block of two major arterials, Highways 2 and 93. To reduce traffic congestion in the planning jurisdiction overall, land uses that have higher traffic volume are encouraged to locate in close proximity to collector or arterial streets. The site has suitable access by 1st Av. E., a city street which has paved width of approximately 40 feet, as well as curbs, gutters, and sidewalks. Traffic generation from small general offices, which the rezoning would allow, is estimated at approximately 18 average daily trips per 1,000 square feet of gross floor area. In comparison, single family houses generate approximately 10 average daily trips. Medical offices, also allowed by RA-3 zoning, typically generate more traffic, estimated at 55 average daily trips per 1,000 square feet of gross floor area. The property across the street, having the same access by 1 st Av. E. is zoned B-2 General Commercial, which allows a much wider range of commercial uses and much higher potential traffic volume. 3. Will the requested zone secure safety from fire, panic, and other dangers? Access, fire suppression and circulation are adequate to secure the area from fire, panic and other dangers which might compromise the public safety. 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 codes. 4. Will the requested change promote the health and general welfare? The rezoning would provide for gradual expansion of more intensive development along the highway corridor areas (i.e., within two blocks of the highway), which offers several public advantages: to expand small business opportunities in central Kalispell as an alternative to linear growth along outlying highways; to improve the connection and transition between the highway commercial districts and adjacent neighborhoods; and to improve transportation efficiency by concentrating more intensive growth near arterials and creating more walkable business districts. No significant impacts on public health are anticipated. 5. Will the requested zone provide for adequate light and air? No significant impact is anticipated. The RA-1 and RA-3 districts have comparable building height and setback requirements which provide for light and air between buildings. 6. Will the requested zone The rezoning would prevent overcrowding and undue concentration of people. The rezoning would comply with the master plan, providing for gradual expansion of more intensive development along the highway corridor areas. The change from RA-1 to RA-3 would be a relatively minor increase in land use intensity. 7. Will the requested zone facilitate the adequate provisi seweraae. schools, parks, and other public requireme The available infrastructure and public services are generally adequate to accommodate development under either RA-1 or RA-3 zoning. All municipal 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 RA-1 to RA-3 is anticipated to result in a relatively minor increase in demand for services. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? The site is generally suitable for development under either RA-1 or RA-3 zoning. No significant environmental constraints are apparent on the site. 3 9. Does the requested zone _give reasonable consideration to the character of the district? The character of the site is affected both by its historical development pattern of single family housing and its location within a block of highway commercial development. The site is developed as and surrounded by single family houses, and the rezoning would be inconsistent with this existing land use pattern. Three circumstances significantly mitigate the effect of that inconsistency. First, the change in land use intensity between RA-1 and RA-3 is relatively minor, and the office uses allowed under RA-3 are generally considered compatible in multifamily residential areas. Second, the land on the other side of the street is zoned B-2 General Business, providing for substantially more intensive commercial development than this proposal. Third, allowing commercial use of the existing single-family houses, may conserve the existing buildings and lot size, while the existing RA-1 zoning provides for replacing each existing house with a duplex or combining lots to redevelop the block as multifamily housing. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. One letter was received from Kathleen Pierce, an owner within the zone change area, stating that she does not oppose a change on lot 12 to accommodate a medical office on that corner, but does oppose the proposed zone change along the entire block. 10. Will the proposed zone conserve the value of buildings? The rezoning would increase development options on the site. The inconsistency of the rezoning with the existing land use pattern of single-family housing may adversely affect neighboring residential properties as changes in land use occur. See also the discussion above on the character of the area. 11. Will the requested zone encourage the most appropriate use of the land throughout the iurisdiction? As noted above, the rezoning would comply with the master plan, providing for gradual expansion of more intensive development along the city's highway corridor areas. Public advantages of this planned land use pattern include the following: to expand small business opportunities in central Kalispell as an alternative to linear growth along outlying highways; to improve the connection and transition between the highway commercial districts and adjacent neighborhoods; and to improve transportation efficiency by concentrating more intensive growth near arterials and creating more walkable business districts. The change in land use intensity between RA-1 and RA-3 is relatively minor, and the office uses allowed under RA-3 are generally considered compatible in multifamily residential areas. RECOMMENDATION Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt FRDO staff report #KZC-98-6 as findings of fact and recommend approval of the requested zone change. If substantial neighborhood opposition occurs to the rezoning of the entire block and the board opposes doing so, staff recommends that the board consider reducing the zone change area to the corner lot 12. The original applicant proposed a zone change only on lot 12, and staff recommended that the applicant try to obtain the approval of neighbors to expand the zone change area to the entire block, in order to do as follows: set a consistent land use pattern along the block; avoid splitting the larger RA-1 district into two by inserting one lot of RA-3 zoning; and avoid potential objections that rezoning lot 12 only may be interpreted as inappropriate spot zoning that gives one landowner undue advantage over surrounding owners. While rezoning lot 12 only may result in a hopscotch land use pattern, it may be considered an acceptable and appropriate change by the neighborhood, if rezoning the entire block is not. 5 `� j L�'J� 5 - 12 �g 6_ 12 2 11 7 - 1 10 - 11 3 1 _12- 2 10 - 4 9 - 11 - - 3 8 6 r` I 1 10 - 9 5 8 _ 6 - 7 10A �0 -9 5 7 6 - 12 7 _ - --- 1 1 2 1 __ 1 12 2 _ 9 - 12- 11 --? 10` -_--- 7_-. - 3 9 -�` 6 10 9 _- 5 1 12 2 7 1012 �- 4 1 1- __ 4 _ - 5 ...............:-. 12 8 j'N 10 9 12 6 7 2 -- 1� 15 3 - -z _ 2' - 1 1 ,- 9 — 1212 g 4_ - 5 19 1 7 2.y- 3 21- -� --- 8 g 9. - 6 6 , 7 17. - - i 4 - 5 19 -- - 1 10 7 ,�. 6 --_-7 17 .1Q 11 1- = 1- - ®_ _ t 1 J 12 8 _9 Z 11 10 _ I vicimpffm" JANAE L. MOORE f LOU STONE ZONE CHANGE REQUEST FROM RA-1, LOW DENSITY RESIDENTIAL APARTMENT, TO RA-3, RESIDENTIAL APARTMENT/OFFICE TO ESTABLISH A COUNSELING CENTER KALISPELL ZONING DISTRICT NM DM:10/16/98 FILE# KZC-98-6 SCALE 1" = 200' mA'&\dite\xzc98_6. s 1. 2. 3. 4. 5. Flathead Regional Development Office 723 Sth Ave. East Room 414 Kalispell, MT 59901 APPL 1CATi0N MAT Phone: (406)758-5980 Fax: (406)758-5781 -> • PETITION FOR ZONING AMENDMENT CITY OF KALISPELL " 5,L 4 ' DEC 14 1998 •Z. . NAME OF APPLICANT:_ Janae L. Moore Lou Stone MAIL ADDRESS: ##r, Slinset Plaza CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406-257-3721 INTEREST IN PROPERTY: to establish counseling e n r_ ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: r• 0•lips it; DD Is)•V 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: 395 1 s t Avenue E. N. B. Legal Description:T•nt- 12 R] n _k 231 7-98-21 �' .�� ?--// (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: R-1 D. The proposed zoning of the above property is:R 3 E. State the changed or changing conditions that make the proposed amendment necessary: Intentto establish my practice in psychology at the location- 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan RA-1 to RA-# is consistent with the area, B. Lessening congestion in the streets and providing safe access Off street parking available for 3 vehicles on Oregon. Wheelchair ramp. Only rare use on weekends.The business is relatively low C. Promoting safety from fire, panic and other dangers _House will be inspected prior to purchase. Any mental health emergencies may require pol i c-P/medi cal assistance, Fire extinguisher, smoke alarm-s- accessable to Fire Dept./Police. D. Promoting the public interest, health, comfort, convenience, safety and general welfare The husinacc iS relatively low impact business other than 1-2 care cnmina P. goirif at intervals of approx. 1 hour_ it also rovides an important community service. E. Preventing the overcrowding of land No additional structures are intended. F. Avoiding undue concentration of population Utilizes the Px i s i- i n a structure. Does not increase population. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities Water, sewage available. No impact on provision of other public facilities. H. Giving reasonable consideration to the character of the districtThere are a number of businesses in the RN section of Kalispell_ The parking area & the design of the house led me to choose this property. In addition, it is near many businesses which are also gcated in houses. Commercial.B-3lis cross the street I. Giving consideration to the pec ar suitability of the property for particular uses The parking area & the design of this hmise led me to choose this property. In addition, it is near many businesses which are J. Protecting and conserving the value of buildings Recent work nn t h a h n„ s e h a s included: painted- outside & inside. New carpet, new appliances, new Cadet Zone heat, new hot water tank, bathroom totally gutted & remodeled, new counter tops. Building is in good condition. Intend ongoing maintenance as nee e . K. Encouraging the most appropriate use of land by assuring orderly growth The location is consisten with residential & business usage of property in the area. A relatively minor change in zoning. 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. /y ice' (Applicant) (Date) 3 APPLICATION PROCESS APPLICABLE 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: Basefee........................................................................$400.00 For first 80 acres of area of the request.................Add $5/acre For requests for 81 - 160 acres.............................Add $3/acre For requests covering 161 acres or more...............Add $1 /acre Amendment to Zoning Text......................................................$300.00 PUD Zoning Review: Residential.................................................................... $400.00 Commercial................................................................... $ 500.00 Mixed Use.....................................................................$650.00 D. The application must be accepted 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. 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. 0 SELLER DIRECT R E A L E 8 T A T E C December 8, 1998 RE: Residential Zoning Change Dear Homeowner. Kallepell Center Mall 20 North Main Street, Kalispell. MT 59901 Phone: (406) 752-5582 Fax: (406) 752-5515 Internet: httpl/aethersemcomJseller. I am representing Dr. Lou Stone who is a therapist providing treatment for children and adults. Dr. Stone is interested in purchasing the home at 395 First Avenue E. N. to use as a professional office. In order to accomplish this, the zoning for this property must be converted from an RA-1 zone to RA-3. I have enclosed copies of both of these Zoning Ordinances to give you an idea of what the change would entail. Dr. Stone would only be using this property primarily during business hours and off-street parking would only be one to three cars at hourly intervals. This change would have no effect upon you at this time, however would greatly BENEFIT you in any future resale of property, i.e. the property could be used as residential or a professional office (not retail sales) and/or a home based business. �u r As time is of the essence in this matter, please sign below to agree to this zoning change. Dr. Stone is meeting with Steve Kuntz of the City Planning Commission on Friday, December 11, 1998. 1 would be happy to pick this letter up from you Friday morning, or it can be dropped by my office in the Kalispell Center Mall. If you have questions, please contact me at 752-5582, Dr. Stone at 257-1623, or Steve Kuntz at 758-5980. Thank you for your consideration. Broker Associate JUrh Enclosure I/WE AGREE TO A ZONING CHANGE FROM RA-1 TO RA-3 ZONING Homeowner M �zdI�E- 6 i / 15 -,�.5 -9 Address Phone I,(.1�Tpl► COMoff ,SELLER DIRECT R E A L E S T A T E C December 8, 1998 RE: Residential Zoning Change Dear Homeowner: Kalispell Center Mail • 20 North Main Street, Kalispell, SAT 59901 Phone: (406) 752-5582 Fax: (406) 752-5515 Internet: httpJ/astherserv.com/seller. am representing Dr. Lou Stone who is a therapist providing treatment for children and adults. Dr. Stone is interested in purchasing the home at 395 First Avenue E. N. to use as a professional office. In order to accomplish this, the zoning for this property must be converted from an RA-1 zone to RA-3. I have enclosed copies of both of these Zoning Ordinances to give you an idea of what the change would entail. Dr. Stone would only be using this property primarily during business hours and off-street parking would only be one to three cars at hourly intervals. This change would have no effect upon you at this time, however would greatly BENEFIT you in any future resale of property, i.e. the property could be used as residential or a professional o... .f{not retail sales) and/or a home based business. V;, vv- As time is of the essence in this matter, please sign below to agree to this zoning change. Dr. Stone is meeting with Steve Kuntz of the City Planning Commission on Friday, December 11, 1998. 1 would be happy to pick this letter up from you Friday morning, or it can be dropped by my office in the Kalispell Center Mall. If you have questions, please contact me at 752-5582, Dr. Stone at 257-1623, or Steve Kuntz at 758-5980. Thank you for your consideration. Sincerely, ne mb Broker Associate JL/rh Enclosure DINE AGREE TO A ZONING CHANGE FROM RA-1 TO RA-3 ZONING Homeowner Address Phone I�EKTOIP Eow0r1 SELLER DIRECT R E A L E S T A T E C December 8, 1998 RE: Residential Zoning Change Dear Homeowner: Kalispell Center Malt 20 North Main Street, Kalispell, MT 59901 Phone: (406) 752-5582 Fax: (406) 752-5515 Internet: httpY/aetherserv.com/seller. I am representing Dr. Lou Stone who is a therapist providing treatment for children and adults. Dr. Stone is interested in purchasing the home at 395 First Avenue E. N. to use as a professional office. In order to accomplish this, the zoning for this property must be converted from an RA-1 zone to RA-3. I have enclosed copies of both of these Zoning Ordinances to give you an idea of what the change would entail. Dr. Stone would only be using this property primarily during business hours and off-street parking would only be one to three cars at hourly intervals. This change would have no effect upon you at this time, however would greatly BENEFIT you in any future resale of t#�i:&property, i.e. the property could be used as residential or a professional office((not retail sales) and/or a home based business. V c. ; f- As time is of the essence in this matter, please sign below to agree to this zoning change. Dr. Stone is meeting with Steve Kuntz of the City Planning Commission on Friday, December 11, 1998. 1 would be happy to pick this letter up from you Friday morning, or it can be dropped by my office in the Kalispell Center Mail. If you have questions, please contact me at 752-5582, Dr. Stone at 257-1623, or Steve Kuntz at 758-5980. Thank you for your consideration. Skxere.1 1 s Ja een Broker Associate IL N NO NO MP-0� Hom wner JUrh Address / Phone Enclosure � � �7L46. c f i Ito � 1s •r.Lmr cemouurit.e January 7, 1999 To Whom It May Concern: I have yet to figure out the fact that there are several office buildings and empty properties in several Commercially Zoned areas that are empty and waiting to be rented or sold. Why do people have to invade a residential area to put a Doctor's office? We have lived at our residence since 1978 and are content with it staying residential. I have no intention of disrupting a nice neighborhood to add more traffic to this area. Please consider the feelings of the property owners that actually plan on spending our retirement years in this location. I would ask you vote against the zone change on lots 7, 8, 9, 10, 11, and 12 of block 233 Kalispell, 4th addition; section 7, T28N. R21 W, P.M., M_, Flathead Cotuity, Montana. Thank you for your time. Beverly Kober 360 1 st Ave EN Kalispell, MT 59901