Loading...
03. Ordinance 1313 - Zoning - Deloris Partnership Group - 1st ReadingFlathead Regional Development Office 723 5th Avenue East - Pam 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 759-5781 May 17, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Deloris Partnership Group - Initial Zoning of B-2, General Business Upon Annexation Dear Chris: The Kalispell City -County Planning Board met on May 11, 1999, and held a public hearing to consider a request by Deloris Partnership Group for initial zoning of B-2, General Business, upon annexation into the city. The property proposed for annexation is located on the north side of Appleway Drive and east of Highway 2 approximately one quarter mile. Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-3 evaluating the proposed B-2 upon annexation. She recommended the board forward a recommendation for the B-2 zoning. Wilson noted that the master plan designates this area as commercial and the B-2 zoning would be consistent with other zoning in the area. At the public hearing, Bill Schottlekorb, representing Deloris Partnership Group, spoke in favor of the petition. He stated that B-2 zoning would be consistent with the area. No one spoke against the proposed zoning. A motion was made to adopt staff report KA-99-3 as findings of fact and recommend to the council that the property be zoned B-2 upon annexation. On a roll call vote the motion passed on a vote of eight in favor and none opposed. William Rice had excused himself from discussion and vote because he has an interest in this proposal. Exhibit A is a legal description of the area to be annexed. This matter is being forwarded to the Kalispell City Council for consideration at their June 7, 1999 regular meeting. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Planning Board M Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls - City of Kalispell - City of Whitefish • Debris Partnership Group Annexation and Initial ions May 15, 1999 Page 2 of 2 JJ/NW/tl Attachments: Exhibit A, legal description Staff report KA-99-3 and application materials - Draft minutes 05/11/99 planning board meeting c w/oAtt: Deloris Partnership, 178 E. Blanchard Lake Rd., Whitefish, MT 59937 Theresa White, Kalispell City Clerk TRANSMrr\KA\KA993 _ Exhibit A Deloris Partnership Annexation and Initial Zoning Initial Zoning of B-2 Upon Annexation Legal Description A tract of land located in the south half of the southeast quarter of Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the east one -sixteenth corner of Sections 12 and 13; thence N00037'03"E, on and along the west boundary of the southeast quarter of the southeast quarter of said Section 12, a distance of 30.00 feet to a point which point lies on the north boundary of a 60 foot road known as Appleway Road; thence N89° 16'09'E, on and along said north boundary of Appleway Drive, a distance of 163.00 feet to the true point of beginning; Thence N89016'09"E, continuing on and along said north boundary of Appleway Drive, a distance of 167.00 feet to a point which is southwest corner of a tract of land described in Book 469 Page 263, records of Flathead County; Then N00°37'03"E, on and along the west boundary of said tract described in Book 469 Page 263, a distance of 630.00 feet to the northwest corner of said tract described in Book 469 Page 263; Thence S89° 16'09W, along the south boundary of a tract of land described in Book 730 Page 457, records of Flathead County, a distance of 340.45 feet to an existing fence, as indicated on 4B's Addition No. 45, records of Flathead County; Thence S00°41'41'W, on and along said existing fence, a distance of 409.02 feet to a point; Thence N89° 16'09"E, a distance of 174.30 feet to a point; Thence S00°41'41"W, a distance of 22 1. 00 feet to the true point of beginning. This tract Contains 4.045 acres. ORDINANCE NO. 1313 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" (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Deloris Partnership Group, the owner of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to B-2, General Business, and WHEREAS, the property as described exists as property surrounded to the North by restaurants, City B-2 classification, to the East by Residential and Hampton Inn, County R-1 and City B-2 classification, to the South by Residential and a junkyard, County R-1 classification, and to the West by a hotel and restaurant, City B-2 classification, and WHEREAS, the petition of Deloris Partnership Group was the subject of a report compiled by the Flathead Regional Development Office, #KA-99-3, dated May 4, 1999, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business 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 B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-1, Low Density Residential Apartment, 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. KA-98-6, as amended by the Zoning Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1175) H:\attsect\wp\ord\deloris zc.wpd 1 is hereby amended by designating the property described in Exhibit "A" as B-2, General Business. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall 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 , 1999. Wm. E. Boharski Mayor Theresa White City Clerk H:\attsect\wp\ord\deloris zc.wpd 2 EXHIBIT A A tract of land located in the south half of the southeast quarter of Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the east one -sixteenth corner of Sections 12 and 13; thence N00°37'03" E, on and along the west boundary of the southeast quarter of the southeast quarter of said Section 12, a distance of 30,00 feet to a point which point lies on the north boundary of a 60 foot road known as Appleway Road; thence N89* 16'09'°E, on and along said north boundary of Appleway Drive, a distance of 163.00 feet to the true point of beginning; Thence N89016'09" E, continuing on and along said north boundary of Appleway Drive, a distance of 167.00 feet to a point which is southwest corner of a tract of land described in Book 469 Page 263, records of Flathead County; Then N00°37'03'E, on and along the west boundary of said tract described in Book 469 Page 263, a distance of 630.00 feet to the northwest corner of said tract described in -Book 469 Page 263; Thence S89*16'09*W; along the south boundary of -a tract of land described in Book 730 Page 457, records of Flathead County; a distance of 340.45 feet to an existing fence, as indicated on 4B's Addition No. 45, records of Flathead County; Thence S00°41'41'W, on and along said existing fence, a distance of 409.02 feet to a point; Thence N89° 16'09'E, a distance of 174.30 feet to a point; Thence S00°41'41'W, a distance of 22 1. 00 feet to the true point of beginning. This tract contains 4.045 acres. DELORIS PARTNERSHIP GROUP REQUEST FOR ANNEXATION AND INITIAL ZONING FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KA-99-3 MAY 4, 1999 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for annexation and initial zoning. A hearing has been scheduled before the Kalispell City -County Planning Board for May 11, 1999 beginning at 6:00 PM in the Kalispell City Council Chambers.. The Funning Board will forward a recommendation to the Kalispell City Council for final action. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioner would like to annex into the city and obtain B-2; General Business, zoning on the property. A. Petitioner and Owners: William C. Rice Deloris Partnership Group 178 E. Blanchard Lake Road Whitefish, MT 59937 (406)863-9925 B. Location and Legal Description of Property: The property proposed for annexation is located on the north side of Appleway Drive and east of its intersection with Highway 2 approximately one quarter of a mile. The property can be described as Assessor's Tract lA located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing zoning: Currently this property is in the West Side Zoning District and is zoned County R-1, a Suburban Residential zoning district which has a one acre minimum lot size requirement for newly created lots and is residential in nature. D. Proposed Zoning: The property owner is requesting City B-2 zoning, a General Business zoning district which allows a wide variety of general commercial, retail and auto oriented uses which require an outdoor display of merchandise. The City B-2 zoning district, mini -storage is a conditionally permitted use under a recent amendment to the zoning regulations. The property owner has plans to obtain a conditional use permit. An application for a 92 unit mini -storage facility has been filed concurrent with this annexation request. E. Size: The area proposed for annexation and zoning contains approximately 4.045 acres. F. Existing Land Use: Currently this property is undeveloped. As previously mentioned, an application for a conditional use permit for a 92 unit mini -storage facility has been filed concurrently with this annexation request. G. AdJacent Land Uses and Zoning: The character of the immediate area is an area in transition from a more traditional residential area on the fringes of urban Kalispell. This area has typically accommodated a mix of uses from the Stillwater Forest Products to the south along with residential and commercial to the north. Over the years, the area has become more commercial in nature as the city continues to grow. North: Skippers and Sizzler restaurants; Cit -2_ � _3 South ti Residences and asi=' nt qu ,�nEcY, Couy R I Zoning East: Residences and Hampton Inn; County R 1 and City B-a West: Hotel and restaurant; City B-2 zoning - _ R. General Land Use Character. The general land use character of the area is a combination of residential in transition, general commercial and a little light industrial. The properties to the north have been more intensively developed because of the availability of water and sewer to the area and its proximity along Highway 2. The annexation of this property will be a potion of an island that is surrounded by the city limits. This can be described as an area is transition. I. Availability of Public Services: City services will be made available to this property upon annexation which include fire and police service, as well as public water and sewer. The proposed mini -storage facility will not require the water and sewer services. However, at some point in the future, the property owners will want to engage in a more intensive use of the property which will require these services. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. SUMMARY AND DISCUSSION 1. Does the requested zone comply with the Master Plan? This property is indicated on the Kalispell City County Master Plan Map as commercial. The proposed B-2 zoning district complies with that master plan map designation, as well as the goals and policies of the document. 2. Is the requested zone designed to lessen congestion in the streets? Rezoning this property may result in additional traffic generated from the property especially once the property is more fully developed. It appears there may be some potential for gaining access to Highway 2 to the north through a 2 small part of an adjoining parcel. Primary access to the site is currently off of Appleway Drive which is a City street in moderately good condition. Moderate increases in traffic will result from the requested commercial zone, however, it would not be in excess of that which would be anticipated for the area 3. Will the requested zone secure safety from fire, panic, and other dangers? There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services are adequate. _, 4. Will the requested zone promote the health and general welfare? Because this annexation will ' enable the property owners to connect to public sewer and expand a business on full public services, the public health and welfare of the community will be served by encouraging compact commercial development within the city core. 5. Will the requested zone provide for adequate light and air? The proposed business zoning and the related uses would be subject to the development standards of the district which help to insure that there is adequate light and air by using building height restrictions of 35 feet and setbacks of 20 feet in the front, five on the sides and ten in the rear. Additionally, with the proposed mini -storage facility, special conditions will be required for the development. 6. Will the requested zone prevent the overcrowding of land? The requested zoning designation is consistent with other Zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. ?. Will the requested zone avoid undue concentration of people No significant increase in the population in the area will result under the proposed zoning. Technically, this will allow for the expansion of the west side business areas of Kalispell under this zoning. The lot size requirements for the district avoid the undue concentration of people in the area. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Public service, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. 3 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed zoning is consistent with the zoning in the surrounding area, uses in the area and anticipated growth patterns. The proposed zoning is consistent with the master plan map designation. The requested zone gives appropriate consideration for the suitability of this area for the uses in the B-2 zone. 10. Does the reguested zone zLye reasonable consideration to -the character of district? of tW— Me general character e I area W in a transition t,66idential consistent and compatMe with other uses in the area. 7be z ne reasonable to the ..r of • ` 11. Will, the Proposed zoneconserve the valueof buildin Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses -in the immediate area.. 12. Will the requested zone encourage the most appropriate use of the land throughout the iurisdiction? The most appropriate use of land throughout the jurisdiction appears to be commercial. This is consistent with the master plan designation and promotes the stability and neighborhood character of the immediate area. RECOMMENDATION It is recommended that the Kalispell City -County planning Board adopt Staff Report #KA-99-3 as findings of fact and forward a recommendation to City Council that the initial zoning for this property should be B-2, General Commercial, upon annexatiorW H: \... \REPORTS \KA \99 \KA99-3 4 Flathead Regional Development Office 723 5tb Ave. East Room 414 Kal3spe11, XT 59901 Phone: (406)758-5980 Fax (406)758-5781 oAI *X-b /N.#17At PETITION FOR WIMMPAUREMIMP CITY OF KALISPELL io'D , � 1. NAME OF APPLICANT: t iV l 1 / J L� � 2. MAIL ADDRESS: /78 EF. Lk 3. CITY/STATE/ZIP:J12f k TLi-'tSlf , Y& • PHONE: 4. INTEREST IN PROPERTY: 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE F TEE ZONING REGULATIONS, PLEASE -COMPLETE THE F G-. A. What is the proposed zoning text ent? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: 40 ,4-pp�-E�,vl4-yl B. Legal Description: I A I I AAr, 7aL t3Gr-1 (Lot and Ehock of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: 1 AA +3 2- lAas IS Cava K-1 D. The proposed zoning of the above property is: CA II 6- 2- E. State the changed or changing conditions that make the proposed amendment necessary: i A. Promoting the Master %�� �.o o�`� i►u�a � C.�tM A-vib �4-t�.�w l�Tc.�ysFs B. Lessening congestion in the streets and providing safe access S`t-€1gd-Vo� C. Promo g ety from e, panic and other dangers gj Cil1ZRE,la�'t.� 4-AkAlt�> �s ,PA4Pu9r� 14 IL GIza-s% A+AD nor MAJI NV9t, . �Ctri`S I�DV lD � ERA tcw't�"� O �-yS R�.a7VGt av(c �-it� D�� D. Promoting the public interest, health, comfort, convenience, safety and general welfare `T�Rt APPtr41--'> `rb 431--- R- N-)"b %2 wAoyt-- OdV ` W �ST V-X& Or-- t-OWt� — 'ft i'1S LAAD &tr.fl C-�r rylQ f L Si Its 1}S 5 ! N A&) E. Preventing the overcrowding of land k€-3► Nx; s i n.'£SS I N Ato F. Avoiding undue concentration of population 7��Tt- SFZW"' Epp t V G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities V,*e?LZ':5 Rid TO LT to Pwtl�:+ur ymo1D -Tb'PSV— 1SSvES A*4- `7b�m: -N/KlR , E H. Giving reasonable consideration to the character of the district TA-�- 5-M c-XN^(VS 6,j k 1 D 3z- -cuc.k.d 0 Ac ,,4A ►vST WE§ + S t I. _ Giving consideration to the peculiar suitability of the property for particular uses'v�tc� NK.•\��mb -A-Cr+tlx C>t-F i1a p -Ru5 l iv�SSy-s woo, -WL Sy t-n*zz J. Protecting and conserving the value of buildings o�t� ot2 Sus t v�,ss K. Encouraging the most appropriate use of land by assuring orderly growth iSLJ4t0jb wAy L W1 n+—, 4v& vt/w a S'Z -T LIS L4 --b M'SV PAL YYL9Rx 0 Lp,-A t, I'm n -&Sr A-Q - 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. wj� �- ce-;— (Applicant) 4•-12-9q (Date) 3 N.,._N.... „r,�+-�»s+so►.y:ate• . t. = °" ... .-- - • - --. _ N N It Fd p i W ,AO r A EU z 1 3 F.P \ OO m ~ o ta o, f tD p 2 t0 � c0 1 Y� Ox t N t� rn i BOOK 730 PARE 457 v Qi S 890 16' 09"W u..� WtO. 45' 330.00 800K 679 r' PAGE 768 0 C +r 3 O O O • Q � - � o O in I O F.. O O TRACT I h, O m = 0.884 ACRE ; PACK ADDITION 991 340.45' ID` vMSb wit+- TRACT 2 4.045 ACRES 790.81' 163.00' c � P.0.8. d 12 1298.5 --� i-- 330.00 13 E 1/16 N 890 16 O9' E 2597 na S 1` S 13 APPLEWAY DRIVE D 2" IRON PIP'.F. (RPASS CAP MISSi4G) )IIARTF.P SEr-M04 ChPWI R AS PF.R CORNER IRD cas 167.00 P.0.8. BASIS OF R&AFI`IC F 4ZO(o P ET:T_oN rro. BEFORE HE CITY COL'NC+L OF THE CITY CF KALISPE?.:r PET I':TON FOR ANNEXATION TO CIT11 COME NOW the undersigned and respectfully petition the City Counci_ of the City of Kalispeil requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the 5V* Q** Aur.-L Rural Fire District. The petitioner(s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this day of , 19 LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: PROPERTY ADDRESS: �•/l OWNER OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITLLDRAWAL FROM APPLICATiON MATERIAL RURAL, FIRE DISTRICT F'` APR 13 eg; 7 TO WHOM IT MAY CONCERN:, THIS AGREEMENT, male and entered into this F D o. dry of "paL 199 , by and between 75,4n13ti1 A GA"tt.R_ hereinafter PARTY(S) OF INTEREST ( INCLUDES OWNER(S), LIENHOLDERS(S), OR CONTRACT SELLER(S) j and the CITY OF KALISPELL, Flathead County, hereinafterCiTY, WTTNESSUM. That for and in consideration of the sum of One Dollar and/or other good and vabmble consideration to us in hand paid, and certain promises, mutual terms. covenants, conditions and agreements. the receipt snot sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all tight to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on [exhibit "A" attached hereto and which, by this reference, is made a pad hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein descn-bed withdrawn from the Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. - - THE PART(S) OF INTEREST further agree(s) that this covens shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs; assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the drove described i ropMy. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this day of f" . — P TY(S) OF INT C CITY 4K' ALISPEI.L . City Manager Fit Finance Director •� STATE OF MONTANA HIM County of Flathead On this t a A day of _Qaj , 199 before me, the undersigned, a Notary Public for the State of Montana, personally appeared AmhA ' L. O U to , known to me to he the person whose name is subscribed to the forcgoing instrument, and acknowledged to me drat he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hated and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public State of Moptam Residing at t My Commission expires 03 'If-aou STATE OF MONTANA : ss County of Flathead ) On this day of . 1,99 , before me, the undersigned, a Notary Public for the State of Montana personally appeared and , the and respectively, of , the corporation that executed the forcgoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. iN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. STATE OF MONTANA M;M County of Flathead Notary Public, State of Montana Residing at My Commission expires On this _ day of , 199 , before me, a Notary Public in and for the State of Montana, personally appeared GLEN NEIER and AMY I.I. ROBERTSON, known to me to be the Interim City Manager and Finance Director of tlue City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein sctforth, and that they were duly authorized to execute the same on behalf of said municipality. iN WITNESS WIIEREOF, i have hereunto set my hand and affixed my Notarial Seal, the slay ruin year first above written. Notary Public. Slatc of Montana Residing at My Commission expire _ FRDO Z-98 CERTIFICATION APPLICANT: DELORIS PARTNERSHIP GROUP FRDO FILE #: KA-99-3 and KCU-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 150 feet of the property Bnes of the property that is the subject of the application. Date: Assessor's S-T-R Lot/Tract No. No. SEE ATTACHED LIST Property Owner & Mail Address APPLICANT WILLIAM C RICE 178 EAST BLANCHARD LAKE RD WHITEFISH MT 59937 F LAT4 EA0 CO",NT ;' PLAT ROOM No S. 'Wain Kalispell. MT 59"1 TRACT i 12 - z,8 • Z Z 12�27,,z7 rg 1-::5,4 1Z,Z7 ,ZZ 1F, l-3°Z Y, z-z o 5 44-4-"?S ©�Ig900 oz E3 t35s MCI !C t3, a ,Zz 0737Q0 t • SMECT PROPERTY Tie 1 A.& ) t A 1 '•1�,,-- -t SG,d. I ea ,AcO 'A" L G"Cev a 1 cco4 3 e rn 4NE E IG A.` MT ft4%9 al St „4- lc r DX1(7f-Ar)j VF- g990 r3 34 3 i 11 ' � r•tT ayS'io l'14�5$ __ - 3,5�h vr�rc • vr— i R i//f T � to©� 9B`l gIjt-Nf� Y rD gwcu-s, W 6w321 q7 � /-L1tt k�5 !z�5 Z W IZ-Z$ •ZZ. trr�,• - FEE cwrtEO- -GONTm AGT Lip nt a r- m- 059901349(.0 2T�� Inc �= -1 MT 599o14486 Z Z 2 e�.3 D A VE UJ STD ZZ� L.A.t<.� MT 59�io f t &)A NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Annexation and Conditional Use Permit for Mini -Storage - Appleway Drive Zone Change from RA-1 and I-1to B-2 on Seventh Ave. E.N. RA-1 Text Amendment to Side Yard Setbacks Casino in Kalispell Center Mall Conditional Use Permit Ridgewood Terrace Mobile Home Park, Expansion Preliminary Plat Zone Change from R-1 to B-2 on Highway 35 The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, May 11, 1999, beginning at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly scheduled meeting, the board will hold public hearings or take public comments on the following agenda items and will make recommendations to the City Council or the Board of County Commissioners, who will take final action: To the Kalispell City Council 1. A request by Deloris Partnership Group for annexation into the City of Kalispell and initial zoning of B-2, General Business, for approximately 4.045 acres. The property proposed for annexation is located on the north side of Appleway Drive east of its intersection with Highway 2 West approximately one quarter of a mile. Currently this property is in the West Side Zoning District and is zoned County R-1, a Rural Residential zoning district. The property can be described as Assessor's Tract lA located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit A. 2. A request by Deloris Partnership Group for a conditional use permit to allow the construction of a 92 unit mini -storage facility on property zoned B-2, General Commercial, which lists mini -storage facilities as a conditionally permitted use. The request for this conditional use permit is being filed concurrently with the above referenced request for annexation into the City of Kalispell and B-2 zoning. The property proposed for the mini -storage facilities is located on the north side of Appleway Drive, east of its intersection with Highway 2 West approximately one quarter of a mile. The property can be described as Assessor's Tract lA located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by Bob Cherot, Phil Neuharth and Bruce Young for a zone change from RA-1, Low Density Residential Apartment, and I-1, Light Industrial, to B-2, General Business, on approximately 3.80 acres. The property is located at the southern most end of Seventh Avenue E.N. just north of Woodland Park. This property can be described as Assessor's Tract 30UC (RA-1 zoning) and Assessor's Tract 30BB (I-1 zoning) located in Section 8, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana, and as further described in Exhibit B. 4. A request by Rich S. Ockey for an amendment to the Kalispell Zoning Ordinance, Section 27.09.040(3), Minimum Yard Requirements. As proposed, the side yard setback requirements would be amended from the current requirement of ten feet plus an additional ten feet for each increment of ten feet above 25 feet in height; to a requirement of ten feet plus an additional one foot for each foot above 25 feet in height. This amendment would potentially effect all areas within the City of Kalispell with an RA-1 zoning designation. S. A request by Columbia Falls Lounge Corporation for a conditional use permit to allow the conversion of the existing Fireside Lounge in the Kalispell Center Mall into a casino. The applicant intends to convert the existing facility without expanding the existing building. The property proposed for this use is located in the B-4, Central Business District, a zoning district which lists casinos as a conditionally permitted use. The property is located on the northwest comer of Center Street and Main Street in Kalispell. The property address is 20 North Main Street, Kalispell. The property can be described as Assessor's Tracts 2AB and 8BA located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana To the Board of County Commissioners 6. A request by Carver Engineering on behalf of Theodore Fouts. for preliminary plat approval for the expansion of Ridgewood Terrace Mobile Home Court by adding an additional 16 rental lots for manufactured homes. The property is zoned R 5, a Two Family Residential zoning district which lists manufactured home parks as a conditionally permitted use. The area proposed .for, the expansioncontains ;approximately _. 2.54 >acres ; with approximately 1.972 acres _devoted to lots. The property can be described as Lots 1, 2, and 3, Block 4, Larson's Acres First Addition; Lot 1, Block 5, Larson's Acres, First Addition; the north 60 feet of the west 100 feet of Lot 5, Block 2, (Assessor's Tracts 5B and 5C) of Larsons' Acres and Lots 3, 4 and 5, Block 6, Larson's Acres First Addition located in Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request by Debora Poteet for a zone change in the Evergreen and Vicinity Zoning District from R-1, Suburban Residential, a residential district with a one acre mi_n i m lot size requirement, to B-2, General Business, a general commercial zoning district which allows a variety of commercial uses. The area proposed for rezoning contains approximately 0.838 of an acre and is located on the north side of Highway 35 east of LaSalle Road (Highway 2) approximately one mile. The property can be described as Lot 9, Block 4, Bernard's Park located in Section 3, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana and as further described in attached Exhibit C. 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. Flathead County Zoning Regulations are also on file for public inspection at the Office of the Clerk and Recorder, Flathead County Courthouse, Kalispell, MT, in Permanent File No. 16137. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing. Thomas R. Jentz Planning Director OF � AD 34 2CK sa+ + 2m 2C ' T-M T. �� f xy 2CrA 2 i U SLX i 7AD RESt1S - • owIF► HWY 2 svim AM 141AMON T-1 A 4 STANLEY Lumem 110. im ob A00 1 Mo—zo ADO. �!i D. No. Qq %411 7A ti Gi880 3 - -ubycct MEMO AM 6HA1;-2 4 ,S A 45 1 C l .eras 1 19 1 E aascxsA 1 m wessmm ADD. No. ®� 48 16C c 68A 14 K 16 E � 12 168 11A SE ' t 12 11 13 1 sM 14 G 11a pol 111 + 11 ofeRf . VICINrff MAP X160d DELORIS PARTNERSHIP GROUP omm REQUEST FOR ANNEXATION & INITIAL ZONING OF B-2, GENERAL BUSINESS, FROM R-1, SUBURBAN RESIDENTIAL, WEST SIDE ZONING DISTRICT TO B-2, GENERAL BUSINESS, KALISPELL ZONING DISTRICT FILE # KA-99-3 SCALE 1400' umvwift gw�- 05/11/99 16:21 FAX 309 469 3534 VANDERVERT CONSTRUCTION GD002/062 49*01ti^f Cteek Q 0ttd zivisioH May 10,1999 -Kalispell City -County Planning board ATTIC: NORDA WUMN 723-5a'Avemie East, Room 414 Kalispell, MT 59901 represent theownership of .alit • t t We do not r.ps • ' the Annexation .i Zone Change Request H• •.• oppose the conditional use pemodt forI tr we t • not believe• be t highest t y ben use. Also we do not believe ies in . best intemt of the ovemll redevelopnx= of Western Kalispell. 7bis area is fha develop mg into a retail am and it would sem more approptiale to locate• •' in moreof an iT,•i t am our .'• t . i Your i it:. and consideration is appreciated. Sincerely, Richard A. vandervert /Pg bog 9A0 AdIAMd AWft99 ^- S'PAOW T. M ••- 99218-1255 —PAmw (509) *67--M54 — 3 ,tx I5a9) 467-35" MAY-10-1999 04:45 CROSS DrT. REST. INC. P.01 CRASS ENTERPRISE RESTAURANTS, INC. A REaTAURANT UK AA OMM GROUP SOM6t RIWAlRANTS ACCOUHTNO a AOMMlftu1 M O1W= V[LAM W NW U ILU Ts Z-MMA NIMCAM ORLL GPM SEAFOOD i CHOWDER May 10, 1999 Kalispe>N City -County Plannfrg Board and Zoning Commission 723 57" Ave. East, Room 414 Karmpel, Wr 59901 Attn: Narda Wilson 1 am in recelpt of your notice regarding the proposed Ganges requested by the Delor)s Partnership Group for ft property on Applww Dr. in Kafispell. 1 on responding as the owner of the Sizzler Restaurant, Skipper's Restaurant and also as the owner of a parcel of land on Appleway Dr. 65 feet from the property in question. It Is my understanding that the proposed changes include annexation, zoning, and a conditional use permit to allow mini -storage units on this property. I would support the annexation and zoning to B-2. I do not support the conditional use permit allowing min"torage units. It has been my objective and that of others to provide a high quality of development in the area that surrounds the subject property. The aesthetics of a mini -storage development would not complimerrt the surrounding area that is already developed in a higher and better use. On the contrary, the nature of this type of development would most ®rely deter other higher quality development on the property that remains undeveloped on the north side of Appleway Dr. In short, i do not believe that approving a conditional use permit for a mini - storage development would be the highest and best use of this property. 1 believe that It would be below the standards already set by the surrounding properties. I believe that there are many sites in the Valley that would be better suited for mini -storage units. If I am unable to attend the meeting on May 1112' please submit this letter on my behalf- Thank you. RECEIVED A Pine MAY 10 1999 lR.ATHEAD RESIOM• OffYILoPMJ[*T Dimtc 22 SECOND AVE WEST, SIM 2200 1CALISPEI14 MT 59901 (46) 755-73" (406) 755-7574 FAX TOTAL P.01 FROM : SITESCAPE ASSOCIATES IFAX NO. : 4068923492- May. 11 1999 0e:34AM Pi May 11, 1999 Narda Wilson Flathead Regional Development Office 723 5m Avenue East — Rom 414 Kalispell, MT 59901 Dear Narda, • UnfteVe Metw wv" • Land Mm" S" Andysm • Wan NOW • Or>p " Bnxca F.Lutz N.51_A. PD. 5=14n 385 coat C J M fte Co� Fail. ktntana 599'12 Thom 4O&M-34s2 Efnat ei�czAcrpnru+et On behalf of Stan Pine, I would like to express our concerns regarding a proposed development by Craig Denman and Bill Rice to construct storage units on Tract IA of Section 12, T28N, R22W. Stan owns Tract 1B which is separated from the subject property by a sixty foot wide property to the west I had the opportunity to discuss the proposal with Craig Denman yesterday. He assured me that the storage units would be constructed and finished in such a way that they would compliment the existing farmhouse and barn on the property. Craig also mentioned that the storage units would be screened with vegetative plantings on the east side of the project and that the units would face inward in a horseshoe configuration. Although we are not opposed to new development along Appleway, we are iopefid that this project will not seta precedence that decreases overall property values of adjacent tracts. It is important that this project be done in such a way that it does not compromise the current values of existing projects such as the Hampton Inn and the Sizzler Restaurant or devalue fixture projects that may be developed on adjacent tracts such as Mr. Pines Tract lB. I hope that your office and Kalispell's Site Review Committee will be in a position to review and advise on the proposed architectural design and landscape plan for the project. Thank you for your attention. Me rftr of the American Society of Landscape Architects the traffic in the area but that it could be mitigated by the use of Bernard Road as a secondary access. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Phil Neuharth, representing the applicant, notedthat the applicant wants the property zoned for business due to the fact that the property borders the highway and has not been saleable with the current residential zoning, but would be better for commercial development. No one else wished to speak for or against the petition and the public hearing was dosed BOARD DISCUSSION The board discussed the petition briefly and took public comment into consideration. MOTIONS Garberg moved and Stevens seconded to adopt staff report FZC- 99-8 as findings of fact and, based on these findings, recommend to the Board of County Commissioners that the requested zone change from R-1 to B-2 be granted. On a roll call vote: All members voted Aye. The motion to recommend granting of the zone change passed unanimously. DELORIS A request by Deooris Partnership Group for annexation and initial PARTNERSHIP GROUP zoning of B-2 General Business, for property located on the north MTIAL ZONING side of Appleway Drive. Bill Rice excused himself due to a personal interest in this application. STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a presentation of staff report KA-99-3 in which staff recommends that the board forward a recommendation to the Kalispell City Council that the initial zoning for this property should be B-2, General Commercial, upon annexation. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Bill Schottlekorb of Delores Partnership spoke in favor of the application noting that B-2 would be consistent with the area. No one else wished to speak for or against the petition and the public hearing was closed. BOARD DISCUSSION There was no discussion by the board. MOTION Stevens moved and Brenneman seconded to adopt staff report KA- 99-3 as findings of fact and, based on these findings, forward a recommendation to the Kalispell City Council that the initial zoning for this property should be B-2, General Commercial, upon Kalispell City County Planning Board Minutes of meeting May 11.1999 Page 4 of 9 annexation. On a roll call vote: All members voted Aye, with Bill, Rice excused from the vote. The motion to recommend B-2, General Commercial, upon annexation passed unanimously. DELORIS A request by Deloris Partnership Group for a conditional use PARTNERSHIP GROUP permit to allow a 92 unit mini -storage facility for property CONDITIONAL USE proposed for annexation into a B-2 Zoning district on the north PERMIT side of Appleway Drive. STAFF REPORT Narda Wilson of the FRDO gave a presentation of staff report KCU- 99-6 in which staff recommends -that that the board forward a recommendation to the Kalispell City Council to grant the conditional use permit for the proposed mini -storage facility subject to eight conditions. She stated that the master plan designates this area as commercial. She noted that the proposed primary access to the mini -storage facility would be a poor. The staff is recommending that a separate access be developed for this development site. She introduced letters from Bruce Lutz of Sitescape Associates, Stanley Pine of Cross Enterprise Restaurants, Inc., and Richard Vandervert of Spring Creek Development, L.L.C. in which there was support for the -annexation -and zoning but opposition to the proposed mini - storage facility due to their belief that this would not be the best use of the property, that future projects that may be developed in the area would be devalued and that it would cause an overall decrease in property values in the area. PUBLIC EMARING The public hearing was opened to those in favor of the petition. PROPONENTS Bill Schottlekorb of Delores Partnership Group spoke in favor of the application noting that they have the property around the proposed mini -storage and are very sensitive to the buffering of the project and minimizing the impact to the area. No one else wished to speak for or against the application and the public hearing was closed. BOARD DISCUSSION Heinecke stated that it is possible to have this type of facility done attractively and he is in favor of the project. MOTION Garberg moved and Hines seconded to adopt staff report KCU-99- 3 as findings of fact and, based on these findings, forward a recommendation to the Kalispell City Council that the conditional use permit for the proposed mini -storage facility be granted subject to the eight conditions as presented in the report. On a roll call vote: All members voted Aye, with Bill Rice excused from the vote. The motion to recommend that the conditional use permit for a mini -storage passed unanimously. Rice returned to his seat on the board. CHEROT, YOUNG AND A request by Cherot, Young and Neuharth for a zone change from Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 5 of 9