11. Ordinance 1331 - Zone Change - Smiths - 1st ReadingFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
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 B-3 to B-4 -
Smith Food and Drug Centers, Inc.
August 2, 1999
Phone: (406) 758-5980
Fax: (406) 758-5781
BACKGROUND: This is a proposal to rezone the Smith Foods property containing
approximately 4.22 acres from B-3, Community Business, to B-4, Central Business
District. The purpose of the zone change is to allow Smith Foods to construct their
new grocery store on the south portion of the lots(s) which has a 1- foot side corner
setback rather than the 15 foot side corner setback required under the B-3 zoning.
The B-4 zoning does not have setback requirements. This matter went to the
planning board for public hearing and consideration on July 13, 1999 and they are
recommending that the property be rezoned to B-4, Central Business District, as
proposed.
RECOMMENDATION: A motion to adopt the first reading of the ordinance amending
the Kalispell Zoning District map to rezone these properties from B-3 to B-4 would be
in order.
FISCAL EFFECTS:
ALTERNATIVES:
arda A. ilsJon
Senior Planner
Minor positive impacts once developed.
As suggested by the city council.
Report compiled: July 21, 1999
Chris A. Kukulski
City Manager
Attachments: Letter of transmittal
Exhibit A (legal description)
Staff report KZC-99-3 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. 1331
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 B-
3, COMMUNITY BUSINESS) TO B-4 (CENTRAL BUSINESS DISTRICT), IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Smith Food and Drug Centers, Inc., the owners of
property described above, petitioned the City of Kalispell that the
zoning classification attached to the above described tract of land
be changed to B-4, Central Business District, and
WHEREAS, the property as described exists as property
surrounded to the North by convenience stores and gas stations,
City B-3 classification, to the East by offices and undeveloped
property, B-3 classification, to the South by an unoccupied
industrial building, I-1 classification, and to the West by the B&B
Shopping Center and Tidyman's, B-4 and B-3 classifications, and
WHEREAS, the petition of Smith Food and Drug Centers, Inc. was
the subject of a report compiled by the Flathead Regional
Development Office, #KCZ-99-3, dated July 6, 1999, in which the
Flathead Regional Development Office evaluated the petition and
recommended that the property as described above be zoned B-4,
Central Business District, 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-4, Central Business District, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-4, Central Business
District, the City Council adopts, based upon the criterion set
forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of
County Commissioners, Etc. 590 P2d 602, the findings of fact of
FRDO as set forth in Report No. KZC-99-3.
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)
is hereby amended by designating the property described
in Exhibit "A" as B-4, Central Business District.
H:\attsect\wp\ord\smith 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
(30) days from and after the
and approval by the Mayor.
PASSED AND APPROVED BY THE CITY
AND SIGNED BY THE MAYOR THIS
ATTEST:
Theresa White
City Clerk
H:\attsect\wp\ord\smith zc.wpd 2
shall be effective thirty
date of its final passage
COUNCIL OF THE CITY OF KALISPELL
DAY OF AUGUST, 1999.
Wm. E. Boharski
Mayor
Exhibit A
Zone Change from B-3 to B-4
Smith Food and Drug Centers, Inc.
Legal Description
A tract of land situated, lying and being in the Northeast Quarter of the Southeast
Quarter of Section 7 and the Northwest Quarter of the Southwest Quarter of Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more
particularly described as follows to wit: -
Lots 1 through 12 inclusive of Block 19 of Kalispell, according to the map or plat
thereof on file and of record in the office of the Clerk and Recorder of Flathead County,
Montana.
Excepting therefrom the Northerly 4 feet of said Lot I and Lot 12, Block 19 of
Kalispell,
Lots 1 through 5 inclusive and Lots 8 through 12 inclusive in Block 22 of
Kalispell, according to the map or plat thereof on file and of record in the office of the
Clerk and Recorder of Flathead County, Montana.
That portion of vacated alley running through said Blocks 19 and 22 of Kalispell
affixing to the above described property and that portion of vacated Montana Street
running between said Blocks 19 and 22 of Kalispell.
Flathead Regional Development Office
M3 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
July 21, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Smith Food and Drug Centers, Inc. Zone Change from B-3 to B-4
Dear Chris:
The Kalispell City -County Planning Board met on July 13, 1999, and held a public hearing to
consider a request by Smith Food and Drug Centers, Inc. for a zone change from B-3,
Community Business District, to B-4, Central Business District, on property located on the
south side of Idaho Street between 'Third and Fourth Avenues East containing approximately
4.22 acres.
Narda Wilson of the Flathead Regional Development Office evaluated the proposal based upon
the statutory criteria and gave a presentation of staff report KZC-99-3 in which staff
recommended approval of the requested zone change.
At the public hearing Dirk Randall with Great Basin Engineering and representing the
applicants spoke in favor of the request stating that they are going to build a new building
with ten foot side yard setbacks, which would be allowed in a B-4 zoning district but not
B-3. Rude Knudsen stated that his parents own property to the east and are not in
objection to the progress of the property. No one spoke against the petition.
The planning board discussed the proposal and a motion was made and seconded to adopt
staff report KZC-99-3 as findings of fact and forward a recommendation to approve the zone
change from B-3 to B-4. The motion passed by unanimous vote.
Please place this matter on the agenda for the August 2, 1999 regular city council meeting.
Please contact this board or Narda Wilson at the Flathead Regional Development Office if you
have any questions regarding this matter.
Sincerely,
Planning Board
bhnson
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Fails • City of Kalispell • City of Whitefish •
Smith Food Zone Change
July 21, 1999
Page 2
JJ/NW/tl
Attachments Exhibit B' (legal description)
FRDO Report #KZC-99-3 w/application materials
Draft minutes of 7/ 13/99 planning board meeting
c: w/Att: Theresa White, Kalispell City Clerk
c: Smith Food and Drug, 1550 So. Redwood Rd., Salt Lake City, UT 84104
K Randall, Great Basin Eng, 2010 No. Redwood Rd., Salt Lake City, UT 84104
H: \... \1RANSMIT\KAUSPEL\ 1999\KZC9903
SMITH FOOD AND DRUG CENTERS, INC.
REQUEST FOR ZONE CHANGE FROM B-3 TO B-4
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KZC-99-3
JULY 6, 1999
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a zone change request from B-3 to B-4. A public hearing has been
scheduled before the Kalispell City -County Planning Board for July 13, 1999
beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board
will forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
The applicants are proposing to amend the Official Kalispell Zoning Map on several
parcels from the existing B-3, a Community Business zoning district, to B-4, a Central
Business zoning district.
A. Petitioner and Owners: Smith Food and Drug Centers, Inc.
1550 So. Redwood Road
Salt Lake City, UT 84104
(801)974-1400
Kirk Randall
Great Basin Engineering
2010 No. Redwood Road
P.O. Box 16747
Salt Lake City, UT 84116
(801)521-8529
B. Location and Legal Description of Property: The properties proposed for
rezoning are located on the south side of Idaho Street between Third and
Fourth Avenues East. The properties can be generally described as Lots 1
through 12, Block 19 and Lots 1 through 12, Block 22, Kalispell Original,
located in Sections 7 and 8, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
C. E7dsting zoning: Currently these property are zoned B-3, a Community
Business District which requires a minimum lot size of 7,000 square feet and
allows a wide range of retail uses, offices and other business and commercial
uses designed to provide a community shopping area. Setbacks in this district
are 20 feet in the front, five feet on the sides, ten feet in the rear and 15 feet on
a side corner.
D. Nature of Request and Proposed Zoning: The properties are being proposed
for rezoning to B-4, a Central Business District which has a minimum lot size
requirement of 7,000 square feet. This use district allows for the broadest
range of commercial and retail uses. There are no setbacks for the B-4 district
which is the purpose behind the zone change. The applicants would like to
remove the southern portion of the existing building and begin construction of
a new Smith Foods. The setbacks under the proposed B-4 would allow the new
store to be constructed while the major portion of the existing store would stay
intact and usable.
Under the current zoning both of the side yard setbacks would be side corner
setbacks requiring a 15 foot setback from both Third and Fourth Avenues East.
1
These setbacks would not allow the applicants to construct their store as
intended. A preliminary site plan has been included in the packet for
informational purposes only and is not subject to review under the current
zone change proposal. In reviewing the proposed site plan, it is obvious that
the new store could be reoriented so that it has a more north / south direction
and would face either Third Avenue East or Fourth Avenue East rather than
Idaho. However, it appears that it may be problematic in allowing the existing
store to continue to operate during construction.
E. Size: The area proposed for rezoning contains approximately 4.22 acres of land
and contains a number of parcels within the original Kalispell townsite in
addition to a portion of an abandoned right-of-way. No subdivision or
rearrangement of lot lines has been proposed with this application or is the
staff aware of any pending.
F. Existing Land Use: These lots currently have the Smith Foods grocery store,
restaurant and pharmacy in the main building and a laundry facility in the
southern part of the building. Eventually, the entire building will be removed
and replaced. It should be noted that the existing building does not comply
with the setbacks of the B-3 zoning district in the front and along the side
corners.
G. -Adjacent Land Uses and Zoning:
North: Convenience stores and gas stations, B-3 zoning
East: Undeveloped and offices, B-3 zoning
South: Unoccupied industrial building, I-1 zoning
West: B & B shopping center and Tidyman's, B-4 and B-3 zoning
H. General Land Use Character. The general land use character of this area is
primarily retail and commercial in nature. There are some residences in the
area to the north that have not transitioned to higher intensity uses. There are
also some limited light industrial uses in the area which make this area retail,
commercial and industrial in character.
I. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Pacific Power and Light
Telephone:
PTI service area
Schools:
School District #5
Fire:
City of Kalispell
Police:
City of Kalispell
J. Relation to zoning requirements:
With regard to lot size, the lots within the property proposed for rezoning would
meet the minimum lot size requirement of 7,000 square feet for lots within the
B-3 zoning district. The proposed B-4 zoning does not have minimum lot size
- requirements. The existing building does not meet the B-3 setbacks in the
front and on the side corner. The purpose of this zone change is to reduce the
required side corner setbacks from the current 15 feet to the zero setbacks
required under the proposed B-4. It should be noted that most of the buildings
in this area are constructed up to the property boundaries and do not comply
2
with the B-3 zoning.
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 comment in opposition had been received by the staff.
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?
This area is within the boundaries of the Kalispell City -County Master plan.
The master plan map designates these properties as commercial. The area
proposed for rezoning is generally outside of the area considered to be the
"Central Business District," however, this area is not clearly delineated within
the plan document.
2. Is the requested zone designed to lessen congestion in the streets?
Currently, the area proposed for rezoning has an existing retail commercial
building. The uses allowed under the proposed B-4 may generate more traffic
than those allowed under, the existing B-3 zoning. However, Idaho Street is a
major arterial and Third and Fourth Avenues East are collectors within the city
where large volumes of traffic is anticipated. Since the use of the sites will not
change significantly, additional traffic and congestion which might be
generated as a result of this zone change are minimal.
3. Will the requested zone secure safetv from fire, panic, and other dangers?
Access, fire suppression and circulation in the area are adequate to secure the
area from fire, panic and other dangers which might compromise the safety of
the public. Rezoning will not effect the risk and safety factors which might be
associated with this property.
4. Will the requested change promote the health and general welfare?
The primary benefit to the health and welfare of the community related to the
rezoning of this site is the fact that the property owners can begin construction
of the new building without having to displace the workers in the existing
building. Otherwise, there would be an insignificant impact on the general
health and welfare of the community with regard to the rezoning of these lots.
5. Will the requested zone provide for adequate light and air?
Adequate light and air would be provided both by the density 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 allowance of reduced setbacks in the B-4 zone may place the buildings too
3
close to the busv intersections of Idaho Street and Third and Fourth .avenues
East creating visibility and congestion problems. The structures on these
parcels have not been established and there is significant potential for
redevelopment with the removal of the existing building. However, any new
building would not likely pose more of a problem than the existing building and
will provide needed commercial density in a core area of the community. The
overall density of the area would not be significantly changed with the proposed
B-4 zoning for this property.
?. Will the requested zone facilitate the adequate provision of transportation
water, sewerage. schools, parks. and other public requirements?
All public services and facilities are available to this site such as fire protection,
police protection, schools, parks and recreation and a good transportation
system. Adequate services can be provided to accommodate the development
of these lots.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
Currently this property is being used commercially and is in a area which is
developing toward a more intensive commercial nature. The uses on the
property will not change substantially and are consistent and compatible with
other uses in the area. The requested zone change gives adequate
consideration to the suitability of the property for uses allowed in the B-4
district.
9. Does the requested zone give reasonable consideration to the character of the
district?
The character of the area is commercial, business, and some light industrial
which will likely transition to a commercial use at some point in the future and
this area continues to be redeveloped. The requested zone is consistent with
the uses in the area since it is intended for this mix of uses.
10. Will the proposed zone conserve the value of buildings?
The value of buildings in the area would be generally unaffected by this change
in zoning. The uses planned for these lots are commercial which would be
consistent and compatible with other buildings in the area which are primarily
commercial and light industrial in nature.
11. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The master plan designates this area for commercial development. The zoning
in the area and the requested zoning are consistent with that land use
designation. The zoning is used as a tool to implement the master plan thereby
encouraging the most appropriate use of land throughout the planning
jurisdiction.
The properties proposed for rezoning will undergo significant redevelopment with the
new Smith Foods store. Allowing the proposed rezoning will facilitate the removal of
the southern portion of the building and will not require the closure of the store
4
during new construction. This will allow the employees and patrons of the store to
continue to work and shop without significant disruption, a consideration that
benefits the community as a whole, but these individuals in particularly.
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board and Zoning
Commission adopt FRDO staff report #KZC-99-3 as findings of fact and, based on
these findings, recommend to the Kalispell City County that the requested zone
change from B-3 to B-4 be granted.
H: \... \KZC \ 99\KZC99-3
5
Flathead Regional Development Office
723 St's Ave. East Room 414
Kalispell, MT S9901
Phone: (406)7SS-S980 Fax (406)7S8.S781
PETITION FOR ZONING AMENDMENT �~y
CITY OF KALISPELL JUN
1. NAME OF APPLICANT: ld A1tf '� 1�009 4 Dizy4 CE-KEFS, �1G • � _
2. MAIL ADDRESS: 1560 Oro. 2EDwleep AAA _
3. CITY/STATE/ZIP: �A4,f LAU dAN. U-f. 6+10� PHONE: boil 9?4- iloo
4. INTEREST IN PROPERTY:
5. ZONING MAP AMENDMENT: -6/ ZONING TEXT AMENDMENT:
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE
ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING:
)e 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: APPRox. 350 �. iP�lio �t{,EEt
t
B. Legal Description: 4-�6E krAe-i eg
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: g • 3
D. The proposed zoning of the above property is: -+
E. State the changed or changing conditions that make the proposed
amendment necessary:
, lEf F,AGr- QEQV199MF- JT`) nor- PgAPy%V 06W $01t.D1 Oct
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE
OF:
A. Promoting the Master Plan
B. Lessening congestion in the streets and providing safe access &-f-b- FD Qr.Vj
$u1L01W4 Wilt. ffiLINE fgAVJQVA-M fAjtYawy, f-EenNE LoAVii-A UfAg ANC TRA54
Of 1-146 -rtte6f Awe LOCATE, 171LrVEW81S A SAlrt: O15rAwcE Fca SDA O SrrlCEtsL
?'o AtufvE C!ow48'Srtwd At -5-' # -Ave f 17PA" 5ruef 1NfA[SELt1oNS.
C. Promoting safety from fire, panic and other dangers Qleor-Av t-*Ai gumvip, t
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare F¢ate45Ep NNW ISV I I044 W 04 Gaut-ert^ Tb Au. Cu"C)j ADA "a
E. Preventing the overcrowding of land K6 AOC6L•f
F. Avoiding undue concentration of population Ne Ar-peer
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities 06 -AFWt
2
H. Giving reasonable consideration to the character of the district
I. Giving consideration to the peculiar suitability of the property for particular
uses
J. Protecting and conserving the value of buildings
K. Encouraging the most appropriate use of land by assuring orderly growth
The signing of this application signifies approval for F.R.D.O. staff to be present on
the property for routine monitoring and inspection during approval probess.
��>,r\�� �
,za -
(Applicant)
3
(Date)
.nt 12. 3lock 'I
Amd. Plat Ducans 0275530
10-NA
30 N 0829906
30-2OD OS29905
Lot 4. Block 1 0975289
Lot 5. Block 1 0682450
Lot 6, Block I
Lot 7, Block 1 0339700
Lot 8. Block I 0860000
Lot 9, Block 1 0229750
Lot 4. Alock 2 0724600
Lot 5. Block 2 0390600
Lot 6. Block 2
Lot 7, Block 2 0793925
Lot S. Block 2
Lot 9, Block 2 0757125
Lot 4. Block 3 0249875
'/.Lot 5.8iock 3
,/,Let 5. Block 3 0249880
State of Morita=
MCDonsid Family Tnut
7871 Harbour Toone
Las Vegas. NV 39113
Jod MUnead
471 B. Idaho
Ka3isp4 Mr 5990
Hillstead Ttw
198 Faitw Blvd
Kalispell, :Kr 5990
Hwdngmn dt Bibles ?nc.
PO Box 1 L"
KAUpol, W 5990
Thie= Life Estate (Myrtann Thiesem
263 4th Ave EN Jeffry ii Mesen
KalispeiL, Mr 5990 Mtaphy IL Mr -Mahon)
Lytm E Straight
269 Ah Ave EN
Kalispek
August and Betty Lou Reksten
266 Ah Ave EN
Kalispell, NIT 5990
C B Holdings
PO Box 1
Kalispell, Mr 5990
NEW Mart 1aC.
c/o Hi -Nona Petroleum
PO Box 7578
Missoulk MT 59907-7578
Donald 3 Gloria Laodon
140 W. Oregon St
Kalispell, MT $990
First Security Bank of X31bpell
PO Box 7250
Kalispell. MT 5990
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Zone Change from AG-40 to SAG-5 - Smith Lake Road and Whalebone Drive
Zone Change from B-3 to B-4 - Smith Food and Drag Centers, Inc.
Conditional Use Permit for Community Residential Facility in R-3 Zone - Crestline Drive
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, July 13, 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 Flathead County Board of Commissioners
A request by Margaret Huckeba, Timothy and Elizabeth Heaps and Marian Kelly for a
zone change from AG-40, an Agricultural zoning designation with a 40 acre minimum lot
size requirement, to SAG-5, a Suburban Agricultural zoning designation with a five acre
minimum lot size requirement on approximately 78 acres. This property is in the Lower
Side Zoning District and is located on the east side of Smith Lake Road and south of
Whalebone Drive approximately 200 feet. The properties can be described as Assessor's
Tract 4A in Section 22 and Assessor's Tracts 7 and 7B and a portion of 7A and 4CE in
Section 15, Township 28 North, Range 22 West, P.M.,M., Flathead County Montana, and
as further described in Exhibit A.
To the Kalispell City Council:
2. A request by Smith Food and Drug Centers, Inc. for a zone change from B-3, a
Community Business zoning designation, to B-4, a Central Business District zonir
designation on approximately 4.22 acres. This property is located between Fourth Avenu
East and Third Avenue East south of Idaho Avenue. The properties can be generally
described as Lots 1 through 12, Block 19 and Lots 1 through 12, Block 22, Kalispell
Original, located in Sections 7 and 8, Township 28 North, Range 21 West, P.M.I.,
Flathead County, Montana, and as further described on attached Exhibit B.
3. A request by Byron and Lois Randall for a conditional use permit to allow a community
residential facility for four elderly adults on property zoned R-3, Residential. This zoning
district lists community residential facilities for eight or fewer people as a conditionally
permitted use. This use is proposed in an existing single family home located at 120
Crestline Avenue in Kalispell which is east of Highway 93 on the south side of Crestline
Avenue and south of Buffalo Terrace. The property can be described as Lot 10, Block 3,
Highland Park Subdivision located in Section 7, 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.
7-L OR 4xst—
Thomas R. Jentz
Planning Director
FRDO
Z-98
CERTIFIC.-MON
aPPLIC.kNT: SMITHS FOOD & DRUG CENTERS INC
FRDO FILE 4: KZC-99-3
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.
Assessor's S-T-R Lotl'Tract
No. No.
SEE ATTACHED LIST
Date:
Property Owner
& Mail Address
APPLICANT
SMITHS FOOD &
PO BOX 30550
SALT LAKE CITY
DRUG CENTERS INC
UTAH 84130
SMITHS FOOD & DRUG CENTERS INC
1550 SOUTH REDWOOD ROAD
SALT LAKE CITY UTAH 84104
I of F. Mock 3 096650
Lot 7. Block 3 0566700 Whitefish Credit Union Assn
PO Box 37
Whitefish, Nf 59937-003
t.ot 8. Block 3
Lot Q. Block 3
0824739
Great Northern Bancshares Inc.
cto First Security Bank
PO Box 7250
Kalispell..NIT 59904-0250
tot 1. Block 18
0517902
Herron!' and Development
PO Box 9200
Kalispell. MT 59904-2200
Lot 2. Block 18
Lot 3. Block 18
0031250
lack A Cecille Browa
760 North Mun
Kalispell, Mf 5990
Lot 4, Block 18
Lot 5. Block 18
Lot 6. Block 18
30-20
E039005
Stateofyloc=a
Depm unent of Hi&wa"
2701 ftnpect Ave
Helena, MT 5960
30-20A
0829905
McDonald Family Trost
7871 Harbour Towne
Las Vgpm NV $9113
30-20C
nos
State of Mont&=
(see address above)
30-20B
0459990
Blue & White. Motel
640 E. Idaho
Kalispell, MT 5990
M-10
E032350
State of Wntaoa
(see address above)
309
0876150
Fred dt Lavenae Catnetorr
57.5th Ave EN
Kalispell. MT 5990
30 G
0239200
Cenci Inc.
PO Box 64089
St. Paul, MN 55164-0089
to GA
0296950
LHC Inc
PO Box 7339
Kalispell, MT 5990
K.Mispell
0974451
James Chase
MRrket Place
PO Box 1280
.,h�..�SPz,•t,v .
• '` ' It .
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SMITH FOOD & DRUG CENTERS, INC.
REQUEST FOR A ZONE CHANGE FROM
B-3, COMMUNITY BUSINESS, TO
B-4, CENTRAL BUSINESS ZONING USE
K ° T�ISPELL ZONING DISTRICT
FILE # K Z C- 9 9- 3 S C ALE 1" = 2 5 0' FI:\g1s\a1te\X2C99-3.dwg
SMITH FOOD ZONE A request by Smith Food and Drug Centers, Inc. for a zone change
CHANGE from B-3 to B-4 on approximately 4.22 acres on property located
between Fourth Avenue East and Third Avenue East south of
Idaho Avenue.
STAFF REPORT Narda Wilson gave a presentation on staff report KZC-99-3 in
which staff recommends that the board recommend to the
Kalispell City Council that the requested zone change from B-3 to
8-4 be granted. The owners tried to buy the adjoining parcel to
the south but were unable to negotiate a price. Therefore they are
asking for a B-4 zoning designation in order to alleviate the
required setbacks in the B-3.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Kirk Randall, representing the applicants, spoke in favor of the
petition stating that -they are going to build an additional building
with ten foot side corner setbacks.
Rude Knudsen, son of the adjacent landowners, stated that his
parents are not in objection to the progress of the property and are
happy to see the removal of the "brick fence". He asked how this
zone change would be reflected on the taxes.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION Wilson explained that a residential property within a business
zoning district is still assessed as residential for taxes until such
time as the property is used for a commercial use.
MOTION Garberg moved and Hines seconded to adopt staff report MC-99-
3 as findings of fact and, based on these findings, recommend to
the Kalispell City Council that the requested zone change from B-3
to B-4 be granted. On a roll call vote all members voted Aye. The
motion passed unanimously.
SMITH APPLICATION
DUE TO LATE ARRIVAL Mark Miller and Ramona Miller stated that they hold a lease
through the year 2000 and 2004 for their business in the Smith
building, and they have been told that this building will be torn
down by September. Their CPA and attorney recommended that
they come to the board and council meetings to speak with the
owners, before there is granting of any changes, in order to settle
legal issues. He stated that the Smith Corporation is trying to
push them out of their lease and they have been unable to get the
issue settled.
Wilson gave a copy of the staff report to the Millers in order to
assist them with the proper phone numbers and addresses.
Johnson explained that the only issue addressed by the board is
the zoning. That any issues over a lease would be a civil matter
and should be taken up with their attorney.
Wilson explained that the building department and the zoning
administrator will look at the site design but not lease agreements.
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