10. Ordinance 1320 - Zone Change - Lindsay - 1st ReadingFlathead Regional Development Office
7M 5th Avenue East - Room 414
Kalispell, Montana OM
REPORT TO:
FROM:
SUBJECT
MEETING DATE:
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Zone Change Request from RA-1 to B-3 -
Walle and Mary Lou Lindsay
June 21, 1999
Phone: (406) 758-5980
Fax: (406) 758-5781
BACKGROUND: This is a request for rezoning approximately 0.79 of an acre from
RA-1, Low Density Residential Apartment, to B-3, Community Business. This
property is located on the west side of North Meridian Road and north of Two Mile
Drive approximately 150 feet. The Lindsays intend to convert the single family home
currently located on the property to office space. This matter went to the planning
board for public hearing and consideration on June 8, 1999. The planning board is
unanimously recommending that the property be rezoned to B-3, Community
Business.
RECOMMENDATION: A motion to adopt the ordinance amending the Kalispell
Zoning District map to rezone these properties from RA-1 to B-3 would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 15, 1999
Attachments: Letter of transmittal
Staff report KZC-99-2 and back-up materials
Draft minutes from the 6/8/99 planning board meeting
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Fails • City of Kalispell • City of Whitefish •
ORDINANCE NO. 1320
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 LOT 1 OF STUBBS ADDITION NO. 58
LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M,
FLATHEAD COUNTY, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN,
AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, Walle and Mary Lou Lindsay, 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-3, Community Business, and
WHEREAS, the property as described exists as property
surrounded to the North by commercial uses, B-1 and B-2
classification, to the East by the Fairgrounds, P-1 classification,
to the South by commercial, B-3 classification, and to the West by
Prestige Care and undeveloped, B-1 and RA-1 classification, and
WHEREAS, the petition of Lindsay was the subject of a report
compiled by the Flathead Regional Development Office, #KZC-99-2,
dated June 1, 1999, in which the Flathead Regional Development
Office evaluated the petition and recommended that the property as
described above be zoned B-3, Community 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-3, Community Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-3, Community 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-99-2.
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
Lot 1 of Stubbs Addition No. 58 located in Section 12,
Township 28 North, Range 22 West, P.M.M, Flathead County,
H:\attsect\wp\ord\1indsay zc.wpd 1
as B-3, Community 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 JULY, 1999.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
A:\attaect\wp\ord\1indsay zc.wpd 2
LINDSAY ZONE A request by Walle and Mary Lou Lindsay for a zone change from
CHANGE RA-1 to B-3 on approximately 0.79 of an acre on the west side of
North Meridian RopA and north of Two Mile Drive approximately
150 feet.
STAFF REPORT Narda Wilson gave a presentation of staff report KZC-99-2 in
which staff recommends that the board forward a recommendation
to the Kalispell City Council that the requested zone change from
RA-1 to B-3 be granted. She stated that the neighborhood plan
designates this as commercial property and this zoning would be
consistent with the area.
PUBLIC BEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Walle Lindsay, the applicant, spoke in favor of the petition stating
that it would be a negative to keep the property RA-1 as the traffic
in the area would be dangerous for families with children.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION There was no board discussion on this petition.
MOTION Stevens moved and Hines seconded to adopt staff report KZC-99-2
as findings of fact and, based on these findings, recommend to the
Kalispell City Council that the subject property be rezoned from
RA-1, Low Density Residential Apartment, to B-3, Community
Business. On a roll call vote all members present voted Aye. The
motion to recommend the zone change passed unanimously.
PETERS PRELIMINARY A request by Robert Peters for preliminary plat approval of a 10 lot
PLAT residential subdivision on approximately 2.88 acres located west
of Grandview Drive and south of Commons Way in the north part
of Kalispell zoned RA-1.
STAFF REPORT Narda Wilson gave a presentation of staff report I PP-99-2 in which
staff recommends that the board forward a recommendation to the
Kalispell City Council that the preliminary plat be approved
subject to 14 conditions. She noted that this subdivision would
be consistent with what is in the area, adding that Grandview
Drive is designated as a collector street in the master plan and
would handle the increased traffic from this subdivision. She
stated that the developer is proposing cash -in -lieu of parkland.
She explained that the master plan designates this property as
high density residential and this subdivision meets the master
plan designation. She stated that staff would recommend that
condition #2 be amended to add sidewalks along Grandview Drive.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Jeff Larsen, project engineer, spoke in favor of the petition and
noted that the cash -in -lieu of parkland amount, based on the
County Assessor's Office, is high and the applicants will probably
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 4 of 12
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
June 15, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Lindsay Zone Change from RA-1 to B-3
Dear Chris:
The Kalispell City -County Planning Board met on June 8, 1999 and held a public
hearing to consider a request by Walle and Mary Lou Lindsay for a zone change from
RA-1, Low Density Residential Apartment, to B-3, Community Business, on
approximately 0.79 of an acre. The property proposed for rezoning is located on the
west side of North Meridian Road approximately 150 feet north of Two Mile Drive.
Narda Wilson, representing the Flathead Regional Development Office, presented a staff
report and reviewed the request according to the required criteria. She noted that the
North Meridian Neighborhood Plan designates this area as commercial and there is B-3
commercial property to the south.
At the public hearing Walle Lindsay, the applicant, spoke in favor of the rezoning stating
that he would like to use this property for professional offices, and the traffic would
cause safety issues if left as a residential zoning. No one spoke against the proposed
zone change.
A motion was made to adopt staff report KZC-99-2 as findings of fact and recommend
approval to the city council for the proposed zone change from RA-1 to B-3. The
motion passed unanimously.
Please place this matter on the June 21, 1999 regular city council meeting agenda. You
may contact this board or Narda Wilson at the Flathead Regional Development Office if
you have any questions regarding this matter.
anning Board
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell - City of Whitefish •
Lindsay Zone Change
June 15, 1999
Page 2
JJ/NW/tl
Attachments: Staff report KZC-99-2 and application materials
Draft minutes of 6/8/99 planning board meeting
c: w/ Att: Theresa White, Kalispell City Clerk
c:w/o Att: Walle & Mary Lou Lindsay, 822 Fifth Avenue West, Kalispell, MT 59901
H: \... \TRANSMIT\KALISPEL\ 1999\KZC9902
WALLS AND MARY :LOU LINDSAY
ZONE CHANGE REQUEST FROM RA-1 TO B-3
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KZC-99-2
JUNE 1, 1999
A report to the Kalispell City -County Planning Board and the Kalispell City
Council regarding a zone change request from RA-1 to B-3. A public hearing has
been scheduled before the Kalispell City -County Planning Board for June 8,
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 applicants are proposing to amend the Kalispell Zoning Map by rezoning an
approximate 0.79 acre site from an RA-1, Low Density Residential Apartment
zoning district to B-3, a Community Business zoning district.
A. Petitioner and Owners: Walle and Mary Lou Lindsay
822 Fifth Avenue West
Kalispell, MT 59901
(406) 257-5609
B. Location and Legal Description of Property: This property is located on
the west side of North Meridian Road approximately 150 feet north of Two
Mile Drive. The property can be described as Lot 1 of Stubbs Addition No.
58 located in Section 12, Township 28 North, Range 22 West, P.M.M.,
Flathead County.
C. Existing Zoning: Currently this property is zoned RA-1, a Low Density
Residential Apartment zoning district which 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.
D. Nature of Request and Proposed Zoning: The property owner is
requesting that this property be rezoned from RA-1, Low Density
Residential Apartment, to B-3, Community Business. The minimum lot
size requirement for this zoning district is 7,000 square feet. The property
owner would like to use this property for professional offices.
E. Size: The area of the parcel proposed for rezoning contains approximately
0.79 of an acre. There is little potential for the further subdivision of this
property since there is an existing building on the property that would be
converted to a commercial use and the need for parking.
F. Existing Land Use: Currently this property has a single family home on
it that would be converted to an office use.
G. Adjacent Land Uses and Zoning: This property is in an area which has a
mix of uses in close proximity. There are single family residences to the
north, multi -family dwellings to the east and commercial development to
the south and to the west.
North:
Commercial and office buildings, B-1 and B-2 zoning
East:
Flathead County Fairgrounds, P-1 zoning
South:
Commercial, bank and FWP, B-3 zoning
West:
Prestige Care and undeveloped, B-1 and RA-1 zoning
H. General Land Use Character. The general land use character of this area
is a mix of commercial and residential. North Meridian Road is in a stage
of transition from the more traditional residential uses to a more
commercial nature.
I. Utilities and Public Services:._
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
- City of Kalispell
Electricity:
Flathead Electric Co -Op Inc
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 minimum lot size requirements of 7,000
square feet for the B-3 zoning district. Subdivision potential would be
limited because of the relatively small size of the lot and the existing
building on the site.
Reaction of Nearby Property Owners
A notice of public hearing was 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, one inquiry had been received from the public regarding this
proposal which was neutral in nature.
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
2
itemized criteria described by 76-2-203,14.C.A.
Does the requested zone comply with the Master Plan?
The Kalispell City -County Master Plan map and more specifically the
North Meridian Neighborhood Plan designates this property as
commercial. The proposed rezoning 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 is from North Meridian Road which is designated as a
minor arterial in the master plan . This street is in relatively good
condition although somewhat narrow for the amount of traffic it currently
carries. The roadway is scheduled for upgrade within the next several
years which would include four lanes in front of this property along with a
pedestrian / bike path. 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 because of its
good access and its proximity to urban services. 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.
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. Furthermore,
the master plan designation for this property is commercial. 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?
t
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-3 zoning on this property is
7,000 square feet. The potential development associated with this
property would be limited only by the development standards associated
with the B-3 zoning district that relate to lot coverage, the types of uses
permitted under the zoning. There are limited if any environmental
constraints associated with this property. 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 master plan designates this property as commercial on the
neighborhood plan map and there is significant other commercially zoned
property to the north and to the south. The location of the property along
a street which _is designated as an arterial and in an established
commercial area make 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 and south and the
fairgrounds to the east. Some residential lies to the east. This property
will in effect act as a transition area between the two land use types. The
location of this property along North Meridian Road as well as the fact
that there is other commercial development in the area gives consistency
to commercial development in the area. This 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
4
compatible with existingltde�Jbpi ent 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 this rezoning request complies with the commercial master plan
map designation and because of its location on a busy street, commercial
development seems 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.
Staff recommends that the Kalispell City -County Planning Board and Zoning
Commission adopt FRDO staff report #KZC-99-2 as findings of fact and
recommend to the Kalispell City Council that the requested zone change from
RA-1 to B-3 be granted.
H: \... \FZC99-2.RPT
5
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Flathead Regional Development Office
723 5th Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fa= (406)758-5781 ^PPI-ICAT!ON V a
PETITION FOR ZONING AMENDMENT
CITY OF KALISPELL
t
MAY 0 6 1999 '
NAME OF APPLICANT: i 1 1 IC,41V L-Olk 'L • K. o O.
MAIL ADDRESS: -
CITY/STATE/ZIP:Vj'(V-k % C
')c (O / PHONE: 7
INTEREST IN PROPERTY:
ZONING MAP AMENDMENT:_ ZONING TEXT AMENDMENT:
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE
ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING:
A. What is the proposed zoning text amendment?
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property-5-� ru", . 60-t tQ K
B. Legal Description;-.," 1-1 TQ-Q) Rn:,
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: s�N ,, _!
D. The proposed zoning of the above property is: i� =3
E. State the changed or changing conditions that make the proposed
amendment necessary:
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HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE
OF:
A. Promoting the Master Plan, j y�:�� Z ,n -}-�
5� Qua ru. QoCC,
B. Lessening congestion in the streets and providing safe access
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C. Promoting safety from fire, panic and other dangers (k (A"x WO Vn D L ci-
el
D. Promoting the public interest, health, comfort, convenience, safety and general
Qlpi - \ p-Q '-"A "PuJ n G Ij
E. Preventing the overcrowding of land 0 C7 (,- 1 �-e Cl-
F. Avoiding undue concentration of population Z"c c
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities �) o
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H. Giving reasonable consideration to the character of the district
I. Giving consideration to the peculiar suitability of the property for particular
OUCLC
J. Protecting and conserving the value of buildings `-t S Dc2 w p �_.� u) P U ); (
hO,sL tP to yAeS'- OkCC,to-C� '7� L4-�101 P w:o
mn ;;� ;� Ern C1 4l. C+. `P •.,
K. Encouraging the most appropriate use of land by assuring orderly growth
The signing of this application signifies approval for F.RD.O. staff to be present on
the property for royxyine mon'toring and inspection during approval process.
(Applicant)
'7) )6 k,
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(Date)
3
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
MixedUse.....................................................................$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.
2. A map showing the location and boundaries of the property.
3. A list of the names and mail addresses of all property owners within 150
feet of the subject property as shown on the Assessor's roll.
Example
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
4
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FRDO
Z-98
CERTIFICATION
APPLICANT: WALLE & MARY LOU LINDSAY RA-1 to B-3
FRDO FILE #: K Z C- 9 9- 2
I, the undersigned certify that I did this date mail a copy of the attached notice to the
Mowing list of landowners within 150 feet of the property lines of the property
that is the subject of the application.
Date. ;�6,1
Assessor's S-T-R Lot/Tract Property Owner
No. No. & Mail Address
SEE ATTACHED LIST
APPLICANT
WALLE & MARY LOU LINDSAY
822 FIFTH AVENUE WEST
KALISPELL MT 59901
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APPROVED � �ly
NOTICE OF PUBLIC EMARING
KALISPELL CITY -COUNTY J'LANNING BOARD AND ZONING COMMISSION
Annexation and Initial Zoning of B-1 - Whitefish Stage and West Evergreen Drive
Annexation and Initial Zoning of R-4 - North Belmar
Zone Change from RA-1 to B-3 - North Meridian Road
Kalispell Zoning Teat Amendments - Various
Kalispell Zoning Teat Amendment Relating to Day Care Parking and Definition
Preliminary Plat Approval of Ranchview Subdivision
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, June 8, 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 George E. Schultz, aka Kal-Mont Dairy Farm, for annexation and initial
zoning of B-1, Neighborhood Buffer District, for approximately 5.536 acres. The property
proposed for annexation is located on the northeast comer of Whitefish Stage Road and
West Evergreen Drive in the northeast part of Kalispell. Currently this property is in the
Evergreen and Vicinity Zoning District and is zoned County B-1, a Neighborhood
Professional Business zoning district. The property can be described as a portion of
Assessor's Tract 5 located in Section 32, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana, and as further described on attached Exhibit A.
2. A request by David R and Deanne Berger for annexation and initial zoning of R-4, Two
Family Residential, on approximately 0.62 acres. The property is located north of Belmar
Subdiv-sion and adjoins the northern boundaries of Lots 8, 9, and 10 of Belmar Addition
Subdivision. This property can be described as a portion of Assessor's Tract 14CA located
in Section 19, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana,
and as further described in Exhibit B.
3. A request by Walle and Mary Lou Lindsay for a zone change from RA-1, a Low Density
Residential Apartment, zoning district to B-3, a Community Business, zoning district
which allows a variety of commercial uses. The area proposed for rezoning contains
approximately 0.79 of an acre and is located at 580 North Meridian Road, on the east side
of North Meridian Road and north of Two Mile Drive approximately 150 feet. The property
can be described as Lot 1 of Stubbs Addition 58 located in Section 12, Township 28
North, Range 22 West, P.M.,M, Flathead County, Montana and as further described in
attached Exhibit C.
4. A request by The Nurturing Center for a text amendment to the Kalispell Zoning
Ordinance, Sections 27.26.050(15), Parking Standards for Day Care Facilities, and
Section 26.37.010(69), Definition of Day Care. As proposed, the standards would require
one space per teacher/employee and delete the requirement for one off-street load space
per six students. And would require one space per teacher/employee plus one off-street
load space per six students for Day Care Centers and Nursery Schools. Additionally, the
definition of Day Care Facilities would be clarified to denote a difference between a Family
Day Care Home, Group Day Care Home and a Day Care Center and to clarify the term
"regular basis." This amendment would potentially effect all areas within the City of
Kalispell which allow day care facilities as either a permitted or conditionally permitted
use.
5. A request by the City of Kalispell for various amendments to the Kalispell Zoning
Ordinance which are intended to be `housekeeping' changes that would not typically be
controversial issues, but that would address several on -going probiems within the City's
zoning jurisdiction. Those changes would include but would not be limited to the
following issues: increasing the allowable height in the `R" zonings from the current 15
foot limit to 18 feet provided they are single story construction; add banks, savings and
loan and finance companies as a permitted use in the B-2, General Business district,
change casinos from a conditional use to a permitted use in all districts which allow
casinos and amend the definition of casino; allow single archways serving as pedestrian
entrances not exceeding nine feet tall five feet wide and four feet deep in the required
setback areas; reduce the required side comer setbacks from 15 feet to 10 feet on lots of
50 feet or less; to allow temporary events such as car shows, boat shows, carnival,
concerts, etc. in the "B", '°r or "P" zones as a permitted uses provided the event does not
occur more than seven days in a three month period; a provision to allow the issuance of
an administrative conditional use permit which is a minor amendment to an misting
conditional use permit; amend the definition of professional office. This amendments
could potentially effect several areas of the zoning jurisdiction where these uses are
allowed.
6. A request by Robert Peters for preliminary plat approval of a ten lot residential subdivision
located west of Grandview Drive and south of Commons Way in the north part of
Kalispell. The property is zoned RA-1, a Low Density Residential Apartment, zoning
district which has a minimum lot size requirement of 6,000 square feet for single family
homes plus an additional 3,000 square feet per unit beyond a duplex. The total acreage
within the subdivision is approximately 2.88 acres with the lots ranging in size from
approximately 8,700 square feet to 12,700 square feet in size. The property where the
subdivision is located is at 340 Grandview Drive and can be described as a portion of
Assessor's Tract 5AA located in Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana -
Documents pertaining to these agenda items are on file for public inspection in the Flathead
Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are
available for public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and concerns
known to the Board. Comments in writing 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
Exhibit C
Lindsay Zone Change Request from RA-1 to B-3
Legal Description
This property can be described as follows:
Lot 1 of Stubbs Addition 58 located in Section 12, Township 28, Range 22 West P.M.M.,
Flathead County, Montana and described as Stubbs Addition according to the map or
plat thereof on file and of record in the office of the Clerk and Recorder of Flathead
County, Montana.
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WALLS & MARY LOU LINDSAY
REQUEST FOR ZONE CHANGE FROM
RA-1, LOW DENSITY RESIDENTIAL APARTMENT, TO
B-3, COMMUNITY BUSINESS,
KALISPELL ZONING DISTRICT
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