06. Ordinance 1314 - Zone Change Request - Cherot, Neuharth & Young - 1st ReadingJUN - 3 19%
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
REPORT TO:
FROM:
MEETING DATE:
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Zone Change Request from RA-1 and I-1 to B-2, -
Bob Cherot, Phil Neuharth and Bruce Young
June 7, 1999
BACKGROUND: This is a request for rezoning approximately 3.8 acres from RA-1,
Low Density Residential Apartment, and I-1, Light Industrial, to B-2, General
Business. This property is located at the southern end of Seventh Avenue E.N., south
of Idaho Avenue and north of Woodland Park. This matter went to the planning board
for public hearing and consideration on May 11, 1999. The planning board is
unanimously recommending that the property be rezoned to B-2, General Business.
RECOMMENDATION: A motion to adopt the ordinance amending the Kalispell
Zoning District map to rezone these properties from RA-1 and I-1 to B-2 would be in
order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
-)�" 4
Narda A. Wilson
Senior Planner
Report compiled: May 17, 1999
Chris A. Kukulski
City Manager
Attachments: Letter of transmittal
Exhibit B, legal description
Staff report KZC-99-1 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. 1314
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 PARCEL A, COS # 7847 (RA-1 AND
I-1 ZONING) TO B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, Bob Cherot, Phil Neuharth, and Bruce Young, 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 B-2, General Business, and
WHEREAS, the property as described exists as property
surrounded to the North by commercial uses, B-2 classification, to
the East by commercial uses, B-2 classification, to the South by
Woodland Park and railroad tracks, P-1 classification, and to the
West by storage yards, I-1 classification, and
WHEREAS, the petition of Cherot, et al. was the subject of a
report compiled by the Flathead Regional Development Office, #KZC-
99-1, 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 B-2, General Business,
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. KCZ-99-1.
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
Parcel A, COS # 7847 as B-2, General Business.
H:\attsect\wp\ord\cherot zc.wpd 1
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 JUNE, 1999.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
H:\attsect\wp\ord\cherot zc.wpd 2
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
May 17, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Cherot, et al Zone Change from RA-1 and I-1 to B-2
Dear Chris:
The Kalispell City -County Planning Board met on May 11, 1999 and held a public
hearing to consider 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 3.8 acres. The property proposed for rezoning is
located at the southern most end of Seventh Avenue E. N., south of Idaho Avenue and
north of Woodland Park.
Narda Wilson, representing the Flathead Regional Development Office, presented a staff
report and reviewed the request according to the required criteria. She noted that
although the master plan designates this area as high density residential, staff is
recommending approval because the proximity of the property to light industrial uses to
the west and railroad tracks to the south make it ill suited for residential use.
Phil Neuharth, co -applicant, spoke in favor of the proposed zone change stating that
after seven years of owning the property they have been unable to market it as
residential and they believe commercial development would compliment the area. Amy
Ockey also spoke in favor of the proposal stating she and her husband had considered
purchasing the property, but did not because of its proximity to other uses in the area.
No one spoke against the proposed zone change.
A motion was made to adopt staff report KZC-99-1 as findings of fact and recommend
approval to the city council for the proposed zone change from RA-1 and I-1 to B-2.
The motion passed on a vote of nine in favor and none opposed. Exhibit B contains the
legal description of the property.
Please place this matter on the June 7, 1999 regular city council meeting agenda. If
you have any questions regarding this matter, please contact this board or Narda
Wilson at the Flathead Regional Development Office.
Sincerely_
anning Board
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Cherot, et al Zone Change
May 17, 1999
Page 2
JJ/NW/tl
Attachments: Exhibit B, legal description
Staff report KZC-99-1 and application materials
Draft minutes of 5/ 11 /99 planning board meeting
c: w/o Att: Cherot, Neuharth and Young, P.O. Box 582, Lakeside, MT 59922
Theresa White, Kalispell City Clerk
H A...\TRANSMMKALISPEL\ 1999\KZC991
CHEROT, NEUHARTH AND YOUNG
ZONE CHANGE REQUEST FROM RA- IAND I-1 TO B-2
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KZC-99-1
MAY 4, 1999
A report to the Kalispell City -County Planning Board the Kalispell City Council
regarding a zone change request from RA-1 and I- I to B-2. A public hearing has
been scheduled before the Kalispell City -County Planning Board for May 11,
1999, at 6:00 PM in Kalispell City Council Chambers. A recommendation from
the Planning Board will be forwarded to the Kalispell City Council for final
action.
BACKGROUND INFORMATION: The property owners have been considering a
zone change on this property for several years and have decided to come forward
with rezoning as a first step in attempting to develop this property with a
commercial use.
A. Petitioner and Owners: Bob Cherot, Phil Neuharth, Bruce Young
P.O. Box 582
Lakeside, MT 59922
(406)844-3500
B. Location and Legal Description of Property: This 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 Tracts 30UC and
30UCA and 30BBB (RA-1 zoning) and Assessor's Tracts 30BB and 30BA
(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.
C. Existing Zoning: Existing zoning on the east portion of the property is
RA-1, Low Density Residential Apartment, and on the west portion of the
property is I-1, Light Industrial. The property zoned RA-1, a Low Density
Residential Apartment zoning district allows duplexes and single family
homes as permitted uses and low density apartments as a conditional
use. The minimum lot size requirement for this zoning district is 6,000
square feet plus 3,000 square feet for each additional unit beyond a
duplex. The area zoned I-1, Light Industrial, to the east allows a number
of uses generally including warehousing, auto repair and light
manufacturing. The I-1 zoning district has a minimum lot size
requirement of 7,000 square feet.
D. Nature of Request and Proposed Zoning: The applicants are proposing
to amend the Kalispell Zoning Map by rezoning an approximate 3.8 acre
site from an RA-1, Low Density Residential Apartment zoning district to
B-2, a General Business zoning district. The minimum lot size
requirement for this zoning district is 7,000 square feet. The property
owner would like to be able to market the property for commercial
development.
E. Size: The combined area of the parcels proposed for rezoning contain
approximately 3.80 acres. There is the potential that this property could
either be subdivided into several lots or could be developed as an
integrated commercial complex.
F. ting Land Use: Currently this property is undeveloped.
G. Adjacent Land Uses and Zoning. This property is in an area which has a
mix of uses in close proximity. There are no residential uses in the
immediate area.
North: Hotel, office, laundromat, B-2 zoning
East: Auto sales, railroad tracks, 8-2 zoning
South: Woodland Park and railroad tracks, P-1 zoning
West: Wrecking yard, DOT storage yard, I-1 zoning
H. General Land Use Character: The general land use character of this area
is a mix of commercial and light industrial with a City Park to the south.
Residential uses he south of the railroad tracts.
L 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:
Kalispell Fire Department
Police:
City of Kalispell
J. Relation to Zoning Requirements: With regard to lot size, the area
proposed for rezoning meets the m.irAw.um lot size requirements of 7,000
square feet for the B-2 zoning district. Subdivision potential would be
available because of the availability of community water and sewer.
Reaction of Nearby Property Owners
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. At the writing of
the staff report, no comments had been received from the public regarding this
proposal.
N
-j
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.
1. Does the requested zone comply with the Master Plan?
The Kalispell -City-County Master Plan map designates this property as
high density residential. The proposed rezoning does not comply with the
land use designation. However, it meets goals of the master plan with
regard to commercial expansion. Specifically, the Goal 6, Land Use,
Section (a) which encourages adequate areas for a variety of business and
commercial uses such as neighborhood oriented business and services,
highway commercial oriented activities and general commercial uses.
Goal 6, Section (b) encourages expansion of commercial areas based on
compact development pattern designed to meet the needs of the intended
service area. Goal 11, Energy, encourages infilling to take advantage of
existing streets and services. The proposed zone change furthers several
- goals of the Kalispell City -County Master Plan relating to expansion of
existing commercial areas.
2. Is the requested zone designed to lessen congestion in the streets?
Access to this site can be provided from Seventh Avenue E.N. which
connects to the north with Idaho Street. The current master plan
designated a connection through this property, to the south and
connecting with Woodland Avenue and is designated as a minor arterial.
This connection has not been made. It may be noted that the
configuration of several of the very small lots proposed rezoning appear to
be a roadway and were platted as such. However, no impetus has fueled
the need for this roadway connection. With a change from residential to
commercial and additional commercial development in the area,
additional traffic can be anticipated. Access to the site will need to be
improved. However, any additional traffic which might be generated from
the development of this property can be adequately accommodated by the
road system in the area
3. Will the requested zone secure safety from fire, panic, and other dangers?
Very little risk from fire or other dangers exist on this site. This property
is however, in an area which traditionally has had some problems with
vagrancy and trespass. Development of the site may discourage these
problems. Access to the site would be good in the case of an emergency.
No significant impacts could be anticipated with regard to safety hazards,
fire or other emergency situations.
3
4. Will the requested change promote the health and general welfare?
By concentrating additional commercial development in an area which
has community water and sewer, access onto an arterial street and is
located in an area which is an established commercial area make this
rezoning a reasonable and appropriate use of the property. It appears
that the general welfare of the community would be advanced by rezoning
this property commercial.
S. Will the requested zone provide for adequate light and air?
Adequate light and air would be provided both by the low density allowed
in the district and the setback requirements for structures.
6. Will the requested zone prevent the overcrowding of land or undue
concentration of people?
The minimum lot size for the proposed B-2 zoning on this property is
7,500 square feet. The potential development associated with this
property would be limited only by the development standards associated
with the B-2 zoning district that relate to lot coverage, the types of uses
permitted under the zoning and the environmental constraints which may
be present associated with storm drainage. However, commercial
development in this area is appropriate because of its location and the
availability of urban serves. The rezoning of this land would not create an
undue concentration of people or the overcrowding of land.
7. Will the requested zone facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
Existing transportation, police and fire protection as well as water and
sewer are currently available to service this property and are adequate to
accommodate any commercial use which might develop. Development
potential of the property is good and adequate provision of services can be
met on this property for commercial development.
8. Does the requested zone give consideration to the particular suitability of
the property for particular uses?
The area north of the railroad tracks is strictly commercial in nature with
the property south of the railroad tracks being a park and established
residential neighborhoods. Although the master plan designates this
property as high density residential, this does not appear to be in an area
which is well -suited for residential development because of its proximity
to the light industrial uses to the west, the railroad tracks to the south
and the busy highway to the north. It appears to be more appropriately
used for a commercial or light industrial use. There is significant other
commercially zoned property to the north and east. The location of the
property bear a street which is a major arterial in an established
4
commercial area making commercial development of this site a reasonable
request.
9. Does the requested zone give reasonable consideration to the character of
the district?
The character of the area is commercial to the north, east and light
industrial to the south and west. This property will provide some
consistency in the type of development anticipated for the area and does
not appear to be well -suited for residential uses. The rezoning gives
reasonable consideration to the character of the area.
10. Will the proposed zone conserve the value of buildings?
Additional commercial development in the area would be consistent and
compatible with existing development thereby minimizing potential
conflicts and conserving the value of buildings in the area.
11. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
Because of the proximity of this property to other commercial
development, a major arterial and the railroad tracts, the proposed
commercial designations appears to be the most appropriate use of this
property. Furthermore, the rezoning is an expansion of commercial
development in areas of established commercial area. It appears that this
rezoning would encourage the most appropriate use of this property and
the use of land in the planning jurisdiction.
RECOMMENDATION
- Staff recommends that the Kalispell City -County Planning Board and Zoning
Commission adopt FRDO staff report #KZC-99-1 as findings of fact and
recommend to the Kalispell City Council that the requested zone change from
RA-1 and 1-1 to B-2 be granted.
H: \... \KZC99-1.RPT
5
Flathead Regional Development Office
723 St-h Ave. East Rooms 414
Kalispell, MT 59901
Phone: (406)758-5980 Fax: (406)758-5781 APPLE .ATIC'
PETITION FOR ZONING AMENDMENT
CITY OF KALISPELL
n
APR 13 icy
1. NAME OF APPLICANT: Bob Cherot. Phil Neuharth, Rr,ire Ynjinn F. R. D. 0.
2. MAIL ADDRESS: P.O. Box 582
3. CITY/STATE/ZIP: Lakeside, MT 59922 PHONE: (406) 844-3500
4. INTEREST IN PROPERTY: Change Zone from RA-i to R-2
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:
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:7th Avenue EastNorth-South across Idaho to dead end.
B. Legal Description: Tract 30UC (RA-1) Tract 30BB (I-1) N2SW4
(Lot and Block of Subdivision; Tract #)
S8-T28N-R21W
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: &
D. The proposed zoning of the above property is: - E. State the changed or changing conditions that make the proposed
amendment necessary:
The properties highest & best use is B-2, the area has B-2 on 1 sid-e
I-1 on 1 side then BNgR then Woodland Park P-1 to the south We
seem to have enough new apartment ht,i1dinga, perhaps a saturation
point. We would like to sell this property for its highest & best use.
1
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE
OF:
A. Promoting the Master Plan It will make the whole area B-2 aside from
B. Lessening congestion in the streets and providing safe access
With 5-2 mnst of the traffic ,ili be during the day. city services
turn indicator already installed on Idaho for west hound traffic
C. Promoting safety from fire, panic and other dangers
Mostly daytime business.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare This is all within city services.
E. Preventing the overcrowding of land
Within City limits and subject to planning regulations and
zoning limitations.
F. Avoiding undue concentration of population
There will be less density of unit onthe ground, all within rite cervices.
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities City water & City Sewer are very near,
there is a turn arrow already for west bound traffic from Idaho
Street and 7th Avenue
2
H. Giving reasonable consideration to the character of the district
Makes it like the balance of the majority of properties B-2, Rygg Ford,
Bitney Furniture, Ugly Duckling Car Rental, Finnaan's, etc.
I. Giving consideration to the peculiar suitability of the property for particular
uses Professional Office Buildings, Government -Buildings, etc., Church,
J.
Cocktail Lounge, Garden Supplies, Motel -Hotel, Restaurant, Quasi P�iic
Building, Recreational Area, Athletic Club.
Protecting and conserving the value of buildings Not far from Fire and
K. Encouraging the most appropriate use of land by assuring orderly growth
All growth subject to city planning- sewer, water available, road is
in place.
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.
(Date)
M
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FRDO
Z-98
CERTIFICATION
APPLICANT: BOB CHEROT, PHIL NEUHARTH, BRUCE YOUNG
FRDO FILE #: KZC-99-1
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 lines of the property
that is the subject of the application.
Date:
Assessor's S-T-R Lot/Tract Property Owner
No. 1\o. & Mail Address
SEE ATTACHED LIST
APPLICANTS
CHEROT, NEUHARTH, & YOUNG
PO BOX 582
LAKESIDE MT 59922
BRANDY LAND LTD PARTNERSHIP
37 5TH ST EAST
KALISPELL MT 59901
LAL FLATHEAD COUNTY LAND INFORMATION SYSTEM
Trancode I ACCOUNT INFORMATION
LIM
Inquiry by SECURITY
Assessor Number
A E029000 75
1M CITY OF KALISPELL
AS OF 3/17/1999
E029000 Year 99 Geocode
4M PO BOX 1997
KALISPELL MT 599031997
61 TR 30C, TR 30HB IN NE4SW4, NW4SE4
08 28 21
00 00 00 0
00 00 00 0
71 21530 EXEMPT C
Add'1 Names N
Add'1 Desc N
Add'l Values N
CAMA 07396608319050000
F 1930: HERE IS THE REQUESTED RECORD Rs185P3r04c24
LAL FLATHEAD COUNTY LAND INFORMATION SYSTEM
Trancode I ACCOUNT INFORMATION
LIM
Inquiry by SECURITY
Assessor Number
A E028600 75
1M CITY OF KALISPELL
4M PO BOX 1997
AS OF 3/17/1999
E028600 Year 99 Geocode
Add'l Names N
Add'l Desc Y
Add'l values N
KALISPELL MT 599031997
61 TR 8-6 IN NE4SW4
07 28 21
62 TR SDLA IN SW4NW4
18 28 21 .24
63 HIGHLAND PARK 13-PT 12
07 28 21
71 21500 EXEMPT R
72 21500 EXEMPT R _
73 21500 EXEMPT R .24
74 21500 EXEMPT R 37.75
F 1930: HERE IS THE REQUESTED RECORD
DSC FLATHEAD COUNTY LAND INFORMATION SYSTEM
Property Description Maintenance
Trancode I
LTD
Assessor # E028600 Year 99 School Dist. 75
Actn Rec# Sec Twp Rng SRng Property Description
Subdiv Lot Block Acres
4 08 28 21 TR 30A IN SW4
from Assessor #
from Assessor #
from Assessor #
Trancode - I = Inquiry U = Update
Action - A = Add C = Correct
Status - A = Active I = Inactive
A F *** NO MORE RECORDS ***
37.75 PARK
Last Update
Last Update
Last Update
2
CAMA 07396607318070000
CAMA 07396618231020000
CAMA 07396607227010099
CAMA 07396608320010000
Rs185p3r04c24
Status A
Comment
10/18/90 15474551
N = Next
D = Delete I = Inquire
Rs185p5r03c15
LAL FLATHEAD COUNTY LAND INFORMATION SYSTEM
Trancode I ACCOUNT INFORMATION
LIM
Inquiry by SECURITY
Assessor Number
A E032350 75
1M STATE OF MONTANA
AS OF 3/17/1999
E0323SO Year 99 Geocode
Add'l Names N
Add'l Desc N
Add'l Values N
4M 2701 PROSPECT AVE DEPT OF HWYS
HELENA MT 596019726
61 TR 30-10 IN NW4SW4 -
08 28 21 4.68 CS 13664-2
00 00 00 0
00 00 00 0
71 21530 EXEMPT C 4.68 52562
F 1930: HERE IS THE REQUESTED RECORD
CAMA 07396608317030000
Rsl85p3r04c24
LAL FLATHEAD COUNTY LAND INFORMATION SYSTEM
Trancode I ACCOUNT INFORMATION
LIM
Inquiry by SECU Ty AS OF 3/17/1999
Assessor umber E028600 Year 99 Geocode
A E028600 75
1M CITY OF ALISPELL
4M PO SIX 1997
KALI :ELL 599031997
61 TR - IN NE4SW4
07 28 21
62 TR DLA IN SW4NW4
18 28 21 .24
63 HIG AND PARK
07
71 21500 EXEMPT R
72 21500 EXEMPT R
73 21500 EXEMPT R .24
74 21500 EXEMPT R 37.75
A F 1930: HERE IS THE REQUESTED RECORD
Add'l Names N
A4eP-4--,De s c Y
Add'1 V ues N
13-PT 12 2
CA A 07396607318070000
CA A 07396618231020000
CA A 07396607227010099
CAMA 07396608320010000
Rsl85p3rO4c24
LAL FLATHEAD COUNTY LAND INFORMATION SYSTEM
Trancode I ACCOUNT INFORMATION
LIM
Inquiry by SECURITY AS OF 3/17/1999
Assessor Number 0711602 Year 99 Geocode
A 0711602 75
1M BITNEY, SIDNEY & ROD & BYE
21 R & R DEVELOPMENT INC
22 HEUSCHER, SANDY
4M PO BOX 1119
KALISPELL MT 599031119
61 TR 30-16BA IN SW4
08 28 21 .20
00 00 00 0
Add'l Names Y
Add'l Desc N
Add'l Values N
CS 13660-C
00 00 00 0
71 22070 COMMERCI .20 58833 2245.06
F 1930: HERE IS THE REQUESTED RECORD
LAL FLATHEAD COUNTY LAND INFORMATION SYSTEM
Trancode I ACCOUNT INFORMATION
LIM
Inquiry by SECURITY AS OF 3/17/1999
Assessor Number 0711550 Year 99 Geocode
A 0711550 75
1M R & R DEVELOPMENT CO
4M 128 FAIRWAY BLVD
07396608318070000
Add'l Names N
Add'l Desc Y
Add'l Values N
Rs185P3r04c24
KALISPELL
MT 599012770
61
PARKVIEW
ADD
1-2
2
08 28
21
62
PARKVIEW
ADD--TR A IN
7-EX TR A IN
8 1
08 28
21
63
PARKVIEW
ADD
9 THRU 18
1
08 28
21
-
71
22070 COMMERCI
5.42 228935 8736.15 CAMA
07396608318050000
71
35070 IMP ON C
277938 10606.11 CAMA
07396608318050000
-f C-Dn'T-1 r -t.
)-
F 1930: HERE IS THE REQUESTED RECORD Rs185P3r04c24
DSC FLATHEAD COUNTY LAND INFORMATION SYSTEM
Property Description Maintenance
Trancode I
LTD
Assessor # 0711550 Year 00 School Dist. 75 Status A
Actn Rec# Sec Twp Rng SRng Property Description
Subdiv Lot Block Acres Comment
4 08 28 21 TR 30-21A-A,30-21AAC,3C-21aAD,30-21AABA SW4
from Assessor # Last Update 3/10/89 12184510
5 08 28 21 TR 30-218, TR 30UCB & TR 30-16A IN N2SW4 -
from Assessor # Last Update 3/16/89 15235170
I 6 08 28 21 TR 30-168, TR 30-21C IN SW4
from Assessor # Last Update 3/16/89 15235240
Trancode - I = Inquiry U = Update N = Next
Action - A = Add C = Correct D = Delete I = Inquire
Status - A = Active I = Inactive
F 2106: ACTIONS HAVE BEEN COMPLETED... CONTINUE Rs185p5r03c:
DSC FLATHEAD COUNTY LAND INFORMATION SYSTEM
Property Description Maintenance
Trancode I
LTD
Assessor # 0711550 Year 00 School Dist. 75 Status A
Actn Rec# Sec Twp Rng SRng Property Description
Subdiv Lot Block Acres Comment
7 08 28 21 TR 30-16, TR 30-U IN SW4
1.37 CS 13660-8 RETRACE
from Assessor # Last Update 1/07/99 16323360
8 08 28 21 TR 30-21ABB,30-21ABCA,30-21ABC,30-UBA SW4
.15
from Assessor # Last Update 3/09/89 16524750
I 9 08 28 21 TR 30-UBAA,30-UBB,30-UBBA,30-UBBAA IN SW4
.12
from Assessor # Last Update 3/09/89 16524840
Trancode - I = Inquiry U = Update N = Next
Action - A = Add C = Correct D = Delete I = Inquire
Status - A = Active I = Inactive
F 2106: ACTIONS HAVE BEEN COMPLETED... CONTINUE Rs185p5r03c
LAL FLATHEAD COUNTY LAND INFORMATION SYSTEM
Trancode I ACCOUNT INFORMATION
LIM
Inquiry by SECURITY AS OF 3/17/1999
Assessor Number 0084SOO Year 99 Geocode
A 0084500 75
1M BLUE & WHITE MOTEL INC Acd'1 Names N
Add'l Desc N
Add'l Values N
4`1 PO BOX 249
KALISPELL MT 599030249
61 TR 30-18 & TR 30-27 IN NW4SW4, EX N4' STRIP
08 28 21 1.87
00 00 00 0
00 00 00 0
71 22070 COMMERCI
71 35070 IMP ON C
CAMA O739660831711000C
CAMA O739660831711000C
F 1930: HERE IS THE REQUESTED RECORD Rs185p3r04c24
LAL FLATHEAD COUNTY LAND INFORMATION SYSTEM
Trancode I ACCOUNT INFORMATION
LIM
Inquiry by SECURITY AS OF 3/17/1999
Assessor Number 03164SO Year 99 Geocode
A 03164SO 75
1 GREINER, THOMAS J Add'l Names N
3M MAHAR, PAT Add'l Desc N
Add'l Values N
4M 2585 HWY 2 W
KALISPELL
61 TR 306BA IN NW4SW4
08 28 21 .11
00 00 00 0
00 00 00 0
71 22070 COMMERCI
71 35070 IMP ON C
MT 599017357
CAMA 07396608318010000
CAMA O7396608318O10000
F 1930: HERE IS THE REQUESTED RECORD Rsl85p3r04c24
LAL FLATHEAD COUNTY LAND INFORMATION SYSTEM
Trancode I ACCOUNT INFORMATION
LIM
Inquiry by SECURITY
Assessor Number
AS OF 3/17/1999
S002510 Year 99 Geocode
A S002510 75 85
1M BURLINGTON NORTHERN
4M PROPERTY TAX DEPARTMENT
SCHAUMBURG
61 KAL BRANCH
00 00 00
62 BLDGS ETC IN KAL
00 00 00
63 TR 1 IN W2NE4,SE4NW4,SW4
08 28 21
* INVALI
1700 EAST GOLF ROAD
IL 601735860
0975893
Add'l Names N
Add'l Desc Y
Add'l Values N PP ON RE
F 1930: HERE IS THE REQUESTED RECORD Rsl85p3rO4c2
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-lto 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:
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 IA 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.
5. A request by Columbia Fails 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 corner 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 expansion contains 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 min; -
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
2 SZE
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VICE14MMAP "tR�
BOB CHEROT, PHIL NEUHARTH & BRUCE YOUNG
ZONE CHANGE REQUEST FROM I-1, LIGHT INDUSTRIAL, &
RA-1, LOW DENSITY RESIDENTIAL APARTMENT
TO B-2, GENERAL BUSINESS
KALISPELL CITY ZONING DISTRICT
PLOT
FILE #KZC-99-1 SCALE 1" = 250' \si/2C/99
tiPi:�gi�\dtr\iCLC991.dwQ
Exhibit B
Cherot, Neuharth and Young
Zone Change Request from RA-1 and I-1 to B-2
Legal Description
A tract of land located in the %11/4, of Section 8, T w ship 28
Nicr-th, Range 21 West M.P.M. Flathead Comity, Montana described as
folla'z5:
Begiraiing at the in of the Northeasterly projec--4 cn of
the Southerly line of Montana Street with the westerly Lix,e
of Seventh Avenue East North; along a line which is
Ncrt.heasterly projection of the Southerly
line of Montana Street
Nc r th 76' 11' 00" Fast a distance of 819.12 feet to a point on the
Northerly line of the Burlington N4rthern Railxted Right of Way,
which point is cn a 1096.00 foot radius curve concave North
westerly having a radial bearing of Naz-th 45'28'52" West;
thence along the Noz-the_ly line of the Right of Way the
following courses:
Scuthsae_sterly along the curve thru a central angle of 090 43' 52"
a distance of 186.14 feet to a point; Thence
South 54' 15' 00" West a distance of 218.60 feet to a point; Thence
South 70' 57' 07" west a distance of 208.88 feet to a point; Thence
South 54 ° 15' 00" West a distance of 125.00 feet to a point; Thence
South 44' 39' 15" West a distance of 359.76 feet to a point thence
leaving the Ncrtherly line of the Right of Way.
North 14'45'47" West a distance of 108.45 feet to a point; Thence
South 76°11100" West a distance of 84.00 feet; thence along a line
which is the N sterly projection of the Easterly line of
Woodland Avev-)e
North 13*49100" West a distance of 110.90 feet to a point; Thence
North 76 ° 11' 00" East a distance of 266. 00 feet; thence along a line
which is the Southeasterly projection of the Westerly lime of
Seventh Avenue EastNcrth
Niortz 13*49100" West a distance of 200.00 feet to the PO= OF
BEGINKn G.
Parcel A, Certificate of Sure No. 7847.
CHEROT, YOUNG AND A request by Cherot, Young and Neuharth for a zone change from
NEUHARTH ZONE RA-1 and I-1 to B-2 for properly located at the end of Seventh
CHANGE Avenue.
STAFF REPORT Narda Wilson of the FRDO gave a presentation of staff report KZC-
99-1 in which staff recommends that the Board forward a
recommendation to the Kalispell City Council that the requested
zone change from RA-1 and I-1 to B-2 be granted. She stated that
commercial use would be more appropriate for this property. She
stated that there is water and sewer to the site and there is good
development potential there but that surrounding uses make it W-
suited for residential use. She noted that there is potential for a
connector road over the railroad to the woodland park area in the
future.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Phil Neuharth, co -applicant, spoke in favor of the application and
noted that they have owned the property for approximately seven
years and have been unable to market the property for residential
uses. He stated that commercial development would compliment
the surrounding area and be the best use of the property.
Amy Ockey spoke in favor of the proposal stating that a
commercial use would be better for the property.
No one else wished to speak for or against the petition and the
public hearing was closed.
BOARD DISCUSSION There was no board discussion on this application.
MOTION Sipe moved and Mann seconded to adopt staff report KZC-99-1 as
findings of fact and, based on these findings, recommend to the
Kalispell City Council that the requested zone change from RA-1
and I-1 to B-2 be granted. On a roll call vote: All members voted
Aye. The motion for recommendation of the zone change passed
unanimously.
OCKEY TEXT A request by Rich Ockey for a text amendment to the side yard
AMENDMENT setback requirements in the RA-1 zoning district.
STAFF REPORT Narda Wilson of FRDO presented staff report KZTA-99-4 in which
staff recommends that the Board recommend the minimum side
yard setback requirements for the RA-1, RA-2, and RA-3 zoning
districts be amended to require "five additional feet for each
increment of five feet above 25 feet in height for structures located
in the setback area." She stated that staff has had concern over
the current regulations and that the amendment is supported by
the staff in all of the apartment zoning districts. Wilson was
questioned about the procedure for an ordinance change and she
stated that the city council would have a first reading in June and
then a second reading as required for ordinance changes.
Kalispell City Count}, Planning Board
Minutes of meeting May 11, 1999
Page 6 of 9