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7. Ordinance 1335 - Zone Change - Nuturing Center - 1st ReadingFlathead egi® al Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 MEETING DATE: Kalispell Mayor and City Council Forrest Sanderson, Senior Planner Chris A. Kukulski, City Manager Nurturing Center Zone Change from RA-2 to B-4 September 7, 1999 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND: This is the first reading of a proposed zone change from RA-2 (High Density Residential Apartment) to B-4 (Central Business) for properties located at the northwest and northeast corners of Third Avenue West and Second Street West. The subject properties can be described as Lot 6, Block 49 and Lot 9 and the west 60 feet of lots 7 and 8, Block 48, Section 18, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The Nurturing Center has operated from their property located at 146 Third Ave West (Lot 6, Blk 49) for more than ten years. The Nurturing Center proposes to purchase the property at 133 Third Ave. West (Lot 9, Blk 48) and relocate a portion of their offices to the new property. The owner of 243 Second Street West (West 60 feet of Lots 7 and 8, Blk 48) does not have intents to convert the existing residential use of the property but is supportive of the request to rezone the property. Both the existing location of the Nurturing Center and the properties proposed for zone change are part of the RA-2 Zoning District which does not allow for offices. RECOMMENDATION: A motion to approve the zone change from RA-2 to B-4. The Planning Board reviewed and conducted a public hearing on this project at their meeting on August 10, 1999. The Planning Board unanimously recommended approval of the zone change request. FISCAL EFFECTS: At the time the vacant properties are developed or the existing residences are converted to commercial uses there will be a net positive fiscal impact to the City of Kalispell. ALTERNATIVES: As suggested by the city council. Forrest Sanderson Senior Planner Report compiled: August 11, 1999 Ja Chris A. Kukulski City Manager Providing Community Planning Assistance To: • Flathead Countv • City of Columbia Falls • City of Kalispell • City of Whitefish • ORDINANCE NO. 1335 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 6, BLOCK 49 AND LOT 9 AND THE WEST 60 FEET OF LOTS 7 AND 8, BLOCK 48, KALISPELL ORIGINAL TOWNSITE, KALISPELL, FLATHEAD COUNTY, MONTANA, PREVIOUSLY ZONED RA- T, (HIGH DENSITY RESIDENTIAL APARTMENT) TO B-4 (CENTRAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, Susan Christofferson of the Nurturing Center and Jean Louise Roe Living Trust, 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 from RA-1, High Density Residential Apartment to B-4, Central Business, and WHEREAS, the property as described exists as property surrounded to the North by residential, RA-2 classification, to the East by multi -family and commercial uses, B-4 classification, to the South by commercial uses, B-4 classification, and to the West by residential, RA-2 classification, and WHEREAS, the petition of the Nurturing Center and the Jean Louise Roe Living Trust was the subject of a report compiled by the Flathead Regional Development Office, #KZC-99-4, dated August 2, 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 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, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-4, Central 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-99-4. 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 6, Block 49 and Lot 9 and the West 60 feet of Lots 7 H:\attsect\wp\ord\zone change\nuturing zc.wpd 1 and 8, Block 48, Kalispell Original Townsite, Kalispell, Flathead County, Montana as B-4, Central 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 SEPTEMBER, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk A:\attsect\wp\ord\zone change\nuturing zc.wpd 2 The Nurturing Center ...A resource center to strengthen families 40&756-1414 146 Third Avenue West Kalispell, Montana 59901 September 6, 1999 City Council Members City Hall Kalispell, MT 59901 Honorable Members, In order for the Nurturing Center to continue to serve the community, it is necessary for us to expand our working environment. When the property across the street from us became available we saw a short term solution to our overcrowded office situation. We seek to modify the zoning so as to continue to provide our programs and services to the families of Flathead County. Parking has been acknowledged as a concern by our neighbors. The combined total square footage for both buildings is 3,341 requiring a minimum of eight off-street parking spaces. We currently can accommodate ten vehicles in our existing parking area. We want to remind the Council that we are not expanding the number of employees with this move, only providing additional office space for those employees who work on site. It is the organizations' goal to persevere in offering our family strengthening services with the least amount of disruption and inconvenience to our neighbors. Thank you for your consideration in this matter. Sincerely, r % Susan Christofferson Executive Director Parent & Community Referrals USDA Food Program Parent Education Child Care Assistance Program Provider Training Support Groups Rural Satellite Programs Flathead a I na Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 August 11, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Nurturing Center Zone Change from RA-2 to B-4 Dear Chris: The Kalispell City -County Planning Board met on August 10, 1999, and held a public hearing to consider a request by the Nurturing Center for a zone change from RA-2, High Density Residential Apartment, to B-4, Central Business, on three lots located on the northeast corners of Third Avenue West and Second Street West in Kalispell. Forrest Sanderson, representing the Flathead Regional Development Office, presented a staff report that evaluated the proposal in accordance with the required criteria, in which the staff recommended approval of the requested zone change. At the public hearing Susan Christofferson spoke in favor of the petition stating that the proposed zone change would allow the Nurturing Center to expand their office space. She stated that the staff would continue to use the rear parking lot of the current building. One person spoke and two letters were submitted stating concerns over the current parking problems that may be heightened by the zone change. The Planning Board discussed the petition and the public testimony, noting that the commercial zoning regulations, in regards to parking, would have to be followed by any commercial use of the property. A motion was made and seconded to adopt staff report #KZC-99-4 as findings of fact and forward a recommendation to approve the zone change from RA-2 to B-4. The motion passed by unanimous vote. Please place this matter on the agenda for the September 7, 1999 regular City Council meeting. Please contact this board or Forrest Sanderson at the Flathead Regional Development Office if you have any questions regarding this matter. Jean A. Board Providing Community Planning Assistance To: ® Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Re: Nurturing Center zone change August 10, 1999 Page 2 of 2 JJ/FS/tl Attachments: FRDO Report #KZC-99-4 w/application materials Draft minutes of 8/ 10/99 Planning Board meeting c: w/Att: Theresa White, Kalispell City Clerk c: Susan Christofferson, The Nurturing Center, 146 Third Ave. West, Kalispell, MT 59901 Jean Louise Roe Living Trust, PO Box 2371, Kalispell, MT 59903-2371 H: \... \TRANSMIT\KALISPELI\ 1999 \KZC99-4 NURTURING CENTER AND FRDO ZONE CHANGE REQUEST FROM RA-2 TO B-4 FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KZC-99-4 AUGUST 2, 1999 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from RA-2 to B-4. A public hearing has been scheduled before the Kalispell City -County Planning Board for August 10, 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 three lots an RA-2, High Density Residential Apartment zoning district to B-4, a Central Business zoning district. A. Petitioner and Owners: Susan Christofferson The Nurturing Center 146 Third Avenue West Kalispell, MT 59901 (406) 756-1414 Jean Louise Roe Living Trust P.O. Box 2371 Kalispell, MT 59903-2371 (406)752-5137 B. Location and Legal Description of Property: This property is located on the northwest and northeast corners of Third Avenue West and Second Street West in Kalispell. There is a total of three lots being proposed for rezoning which can be described as Lot 6, Block 49 and Lot 9 and the west 60 feet of Lots 7 and 8, Block 48 located in Section 18, Township 28 North, Range 22 West, P.M.M., Flathead County. C. Existing Zoning: Currently this property is zoned RA-2, a High 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 1,500 square feet for each additional unit beyond a duplex. D. Nature of Request and Proposed Zoning: The property owner of the Nurturing Center owns property at 146 Third Avenue West where they have operated their offices for over ten years. Apparently when the City revamped their zoning in 1991 this property was zoned RA-2 which does not allow offices. Therefore this uses operates as a non -conforming use. Over the years as the need has grown the Nurturing Center's operation has also grown. When property across the street to the west at 133 Third Avenue West came up for sale, the Nurturing Center was interested in purchasing it for additional office space. They would propose to move some of their existing administrative offices to the property at 133 Third Avenue West which is also zoned RA-2. The Flathead Regional Development Office proposes including one lot between the lots being proposed for rezoning that would otherwise be surrounded by B-4 zoning. This property has an existing single family residence, which is a permitted use in B-4. The FRDO notified the property owner and spoke with her regarding rezoning this property. A primary concern related to tax assessments and how the rezoning would effect taxation of the property. As explained to the property owner, the Appraiser's Offices bases their tax assessment on the use of the property rather than the potential use. Until the property is converted to a commercial use it would be taxed at a residential rate. Rezoning these properties from the current RA-2, High Density Residential Apartment, to B-4, Central Business would allow the Nurturing Center to become a conforming use where they have operated for over ten years and would allow them to expand their office space in a convenient location. It would also allow the property owner of property at 243 Second Street West additional options beyond the current residential use without effecting the conforming status of the residents or the taxation associated with the residence. At the writing of the staff report, the property owner has not voiced an objection to rezoning the property to B-4. E. Size: The area proposed for rezoning contains approximately 21,000 square feet or just under one half of an acre. There is marginal potential for the further subdivision of this property since there are existing buildings on the properties and any commercial use would generate the need for additional parking. F. Existing Land Use: These properties have single family homes at 1323 Third Avenue West and 243 Second Street West. The Nurturing Center offices are located in a single family home that has been converted to office space. 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 and west, multi -family dwellings to the east and commercial development to the south and to the east. North: Residences, RA-2 zoning East: Multi -family and commercial, B-4 zoning South: Commercial, B-4 zoning 2 West: Residences, RA-2 zoning H. General Land Use Character: The general land use character of this area is a mix of commercial and residential. This area could generally be considered a transition area between the traditional residential uses to the west and established commercial uses to the east and south. Sykes lies one half block to the east, Lowitz Upholstery to the south along with other offices in close proximity to these properties. There are residential properties like the ones under consideration which are transitioning to office type uses in the area. Additionally, there is a large senior housing complex immediately to the east.. 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 properties meet the zoning for the existing RA-2 district. The 13- 4 zoning does not have minimum lot size requirements or setback requirements, but there are parking requirements for various commercial and residential uses that would limit the development potential of the lots. Additionally, there are landscaping requirements for parking lots which would comprise five percent of the parking area, further reducing increased development potential of the lots. 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 general 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 itemized criteria described by 76-2-203, M.C.A. 3 1. Does the requested zone comply with the Master P?an? The Kalispell City -County Master Plan map designates this area as transitional. 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 these properties would be from Second Street West and Third Avenue West. These streets are in relatively good condition. Second Street West is designated as a collector in the master plan and anticipated to accommodate more traffic than the local street system. Additional traffic which might be generated from the redevelopment 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 areas which have community water and sewer, access onto a collector street and in an established commercial area, make this rezoning a reasonable and appropriate use of the property. Furthermore, the master plan designation for this property is transitional. It appears that the general welfare of the community would be advanced by rezoning this property commercial. 5. 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 other development standards relating to specific uses allowed in the district. M 6. Will the requested zone prevent the overcrowding of land or undue concentration of people? There is no minimum lot size for the proposed B-4 zoning on these properties. However, the potential development associated with this property would be limited by the development standards associated with the B-4 zoning district that relate to lot coverage, the types of uses permitted under the zoning, parking requirements and landscaping. 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 services. 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 uses that 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 transitional on the plan map and there is significant other commercially zoned property to the north and to the south. The location of the property with access to a street which is designated as a collector 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 east and south along with some high density residential uses. There are established residential areas to the west. This property will in effect act as a transition area between the two land use types. The location of this property in an area where there is commercial development gives consistency to commercial development in the area. Additionally, one of the properties has been established as a long standing commercial use and was made non- conforming by the RA-2 zoning currently in place. This rezoning will make it a conforming use. This rezoning gives reasonable consideration to the character of the area. 9 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 this rezoning request complies with the 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. RECOMMENDATION Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt FRDO staff report #KZC-99-4 as findings of fact and recommend to the Kalispell City Council that the requested zone change from RA-2 to B-4 be granted. H: \... \KZC99-4.RPT The 11 Nurturing Center ...A resource center to strengthen families 406/756-1414 146 Third Avenue West Kalispell, Montana 59SAI AF;-'.;CAT" i July 12, 1999 Narda Wilson Flathead Regional Development office 723 5th Avenue East Room 414 Kalispell, NIT 59901 Dear Narda, The Nurturing Center has experienced considerable growth in the past ten years since our location on the Westside of Kalispell. When we purchased the building on 146 3rd Avenue West we had two employees, today we have seventeen. As a short term solution to our overcrowded offices we are attempting to purchase an auxiliary building across the street from our current facility. We proposed to house our administrative offices there, freeing up valuable space at the original facility for staff members We discovered in the course of our contemplated purchase that neither of the buildings was zoned for business. It is our desire to be in compliance with zoning regulations and to that extent we submit to you this petition for a zoning amendment. It is our hope that we will be able to continue to serve the community with expanded facilities with the successful approval of this change. Sincerely, Susan Christofferson Executive Director Parent & Community Referrals USDA Food Program Parent Education Child Care Assistance Program Provider Training Support Groups Rural Satellite Programs Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 a a0, , T A. PETITION FOR ZONING AMENDMENT CITY OF KALISPELL J I.J I 1. NAME OF APPLICANT: The Nurturing Center 2. MAIL ADDRESS: 146 - 3rd Ave West 3. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406-756-1414 4. INTEREST IN PROPERTY: S. ZONING MAP AMENDMENT: xx 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 amen IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: 146 and 133 - 3rd Ave West B. Legal Description: Lot 6 Block 49 and Lot 9 Block 48 (Lot and Block of Subdivision; Tract #) Kalispell orirginai (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: RA-2 D. The proposed zoning of the above property is: B-4 E. State the changed or changing conditions that make the proposed amendment necessary: Lot 6 Block 49 is The Nurturinq Center office. We propose to purchase Lot 9 Block 48 to expand our office space. We need to bring our current building into compliance modify the zoning on the potential expanded facility. 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: n C 0 101 F G H Promoting the Master Plan The Master Plan generally supports services that provide for the needs of parents and children. A Family resource Center supports the ideals portrayed in the Master Plan. Lessening congestion in the streets and providing safe access The primary of f - street facility at 146-3rd Ave W. provides ample parking and will not impact either safe access or additional congestion. Promoting safety from fire, panic and other dangers The change will in no way restrict or change our ability to maintain a safe enviro- ment. Promoting the public interest, health, comfort, convenience, safety and general welfare Expansion of the facilities office space will promote better access for the public, providing more space Preventing the overcrowding of land The zoning change will in fact reduce crowding at the original site of service delivery. Avoiding undue concentration of population Re -zoning will have no bearing on this aspect. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities The chance in zoning will advance the orcianization's ability to serve the public with additional space. Giving reasonable consideration to the character of the district The district is currently a mix of business and residential we would not significantly alter the character of the neighborhood ►a I. Giving consideration to the peculiar suitability of the property for particular uses Our proposed use of the property is consistant with the areas current makeup. We propose no significant change in the design of the grounds. J. Protecting and conserving the value of buildings We are commited to maintaining the property to further it's economic and environmental value to the organization and the community as a whole. K. Encouraging the most appropriate use of land by assuring orderly growth The Nurturing Center has been a model property owner for the pa-st, decade_ Piirr-hating And ri-7,nnjng the Can(jary 'hid idi g will enhance public usage and assures 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 process. ( lw�Ai6� - (Applicant) (Da ) 3 APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS: A. Pre -Application Meeting: A discussion with the Planning Director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. B. Completed application form. C. Application fee per schedule, made payable to the Flathead Regional Development Office. Fee Schedule Zone Change: Base fee $400.00 For first 80 acres of area of the request add $5/acre Plus for next 81 - 160 acres add $3/acre Plus for next 161 acres or more add $1 /acre Amendment to Zoning Text PUD Zoning Review: Residential Commercial Mixed Use $300.00 $400.00 + $5/acre $500.00 + $5/acre $650.00 + $5/acre D. The application must be accepted as complete by the FRDO staff thirty (30) days rior 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. As approved by the CAB on 5/25/99 Revised 6/30/99 sm 4 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 July 20, 1999 Jean Louise Roe Living Trust P.O. Box 2371 Kalispell, MT 59903-2371 Re: Proposed Rezoning from RA-2, High Density Residential, to B-4, Central Business Dear Property Owner: Our office received an application from the Nurturing Center to rezone their property from the current RA-2, a High Density Residential zoning district, to B-4, the Central Business District. These properties are to the north and west of property at 243 Second Street West, Kalispell. This property is listed at the Flathead County Assessor's Office as being owned by you, Jean Louise Roe Living Trust. Your property is also zoned RA-2, High Density Residential. The Nurturing Center would like to rezone the property where their building is located at 146 Third Avenue West and the property at 133 Third Avenue East which they intend to purchase. They want to purchase this property for the purpose of moving some of their existing offices from the main building at 146 Third Avenue West into the existing building. As it exists, the RA-2 zoning does not allow offices. The Nurturing Center offices are considered a "grandfathered" use. As such, there are certain limitations on how it can operate. Additionally, the property they would like to purchase to the north of your property is zoned RA-2 and does not allow offices. This zone change would be necessary for them to use this building for their needed office space. Enclosed is a map indicating the RA-2 and B-4 zoning district boundaries. You will notice that the B-4, Central Business District boundaries are directly to the east and south of these properties. Additionally, your property which is described as the west 60 feet of Lots 7 and 8, Block 48, Kalispell Original, will be surrounded by B-4 zoning. Our officw would like to include this property in the rezoning proposal with the Nurturing Center. When visiting the property, I noticed there is an existing single family home on your property with businesses located to the east, west and south. If this property were to be rezoned from RA-2 to B-4, it is worth noting that, in addition to businesses being allowed, residences are also allowed. The proposed rezoning would have no effect on the existing or future use of your property as a residence, but would provide a greater number of options for the use of this property if at some point in the future the use might change from residential to commercial. As this property is currently zoned, Providing Community Planning Assistance To: • Flathead Countv - City of Columbia Falls - City of Kalispell • City of Whitefish Jean Louise Roe Livin`, Trust July 20, 1999 Page only uses allowed under the RA-2 zoning would be allowed which are primarily residential. In addition to the vicinity map of the properties proposed for rezoning, I am including a copy of the zoning regulations for the RA-2 and the B-4 districts. A public hearing will be held before the planning board on August 10, 1999 beginning at 6:00 P.M. in the Kalispell city council chambers next to city hall. Our office will be preparing a staff report on the proposed zone change approximately one week before the meeting. Please contact our office prior to August 2, 1999 so that we will be able to incorporate your sentiments on this proposal into the staff report. If you are opposed to having your property included in this zone change proposal, it will be important for you to advise us of this. Please call me at (406)758-5980 if you have questions regarding this rezoning proposal or if I can be of assistance to you regarding other elements of this proposal. Sincerely, Q%ft� 1, Vd- Narda A. Wilson Senior Planner LETTERS\99\ROE FRDO Z-98 CERTIFICATION APPLICANT: THE NURTURING CENTER RA-2 TO B-4 FRDO FILE #: KZC-99-4 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. �. C r, Date: Assessor's S-T-R Lot/Tract No. No. SEE ATTACHED LIST Property Owner & Mail Address SUSAN CHRISTOFFERSON THE NURTURING CENTER 146 THIRD AVENUE WEST KALISPELL MT 59901 SUBJECT PROPERTY l�a,�• s� 2e_P TRACT # ASSESSOR # OWNER/ADDRESS 5 7 "2v ss"&-r it. A�x ,L' �.'s p 2�P , !-NAP , :5- 9 9D I !ems e..2� tt.�esf qq c y9 D 5 -7 7S rLF- 59 9 3 5 ��c �9 O 9So 3ia / 3 � � � • � o -7 -7-E-8a' 0 C107 7 50 ✓�rzess� v�Lo �7'Lo��- /�� o. 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(419, (,o IL of )Nhq-(� TrV6doU/je (_2y3 o Bo 9371 ( 6 M3 �37t /9 O / ��fl%�/!�: o��PCI r%l � �K� (;j `% r 64k p �y3 0. 60/1 l88 3 se -to 14 /�P- s p �l7LO, S 5 90 aaY a n� �- E0o0a9 sa' „ 401qt/(, MT H-ativ Ic p 9 ;z S 9 / S � , "U W,, , �, �� ,� �V '�% 11 9/ 35S / o eo 3.23T y �f vi �C'��°l� f r4 3 /%gf% l/l a S ill T klr tkt,c' -1 a ni O 9 a S 9 i I c2,36 W ad iy �//S iA M'17 O9aS9/o OD &� 1,973 _ OT ff9O3 - 0 3 U04 /F If AA60w �vu'� l-�JQs S/D 9 5a5 a3� 3°--c/FOUF 6j ulrs� ` � a RE 50 �QS)Whel, bfidlo �v " AM M 4 99a3 -0 �6s mr �f M/- WV K �fam �Vpnaua -231-1 �j N � �- U (,f�� , I(5� I (fi vL?0d'`NU NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Zone Change from RA-2 to B-4 - Second Street West and Third Avenue West Zone Change from R-1 to R-2 - West Reserve Drive Zone Change from I-2 to B-3 - West Reserve Drive and Corporate Drive Zone Change from I-1 to B-2 - Twin Acres Road and Highway 93 South The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, August 10, 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 the Nurturing Center and the Flathead Regional Development Office for a zone change from RA-2, a High Density Residential Apartment District, to B-4, Central Business District on three lots. These properties are located north of Second Street West on the northwest and northeast corners of Third Avenue West and Second Street West in Kalispell. The properties can be described as Lot 6, Block 49 and Lot 9 and the west 60 feet of Lots 7 and 8, Block 48 located in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County and as further described in Exhibit A. To the Board of County Commissioners: 2. A request by Darlene Jump Rauthe for a zone change from R-1, Suburban Residential, a zoning district with a one acre minimum lot size requirement to R-2, One Family Limited Residential, a zoning district with a 20,000 square foot (approximately one half acre) lot size requirement on approximately 1.05 of an acre. This property is located on the northeast corner of West Reserve Drive and Scenic Drive in Evergreen. This property is in the Evergreen and Vicinity Zoning District and can be described as Lot 11, Block 1 of Scenic Tracts located in Section 28, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit B. 3. A request by Brent Hall and John Hammett for a zone change from I-2, a Heavy Industrial zoning district, to B-3, a Community Business zoning district on approximately 1.05 acre. This property is located south of West Reserve Drive and west of Corporate Way in Evergreen. This property is in the Evergreen and Vicinity Zoning District and can be described as Assessor's Tract 5C located in Section 33, Township 29 North, Range 21 West, P.M.,M, Flathead County, Montana, and as further described in attached Exhibit C. 4. A request by Ed Johnson for a zone change from I-1, a Light Industrial zoning district, to B-2, a General Business zoning district on approximately 1.73 acres. This property is located on the southeast corner of Twin Acres Road and Highway 93 South. This property is in the Lower Side Zoning District and can be described as Assessor's Tract 5F and a portion of Assessor's Tract 5CDJA located in Section 20, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana, and as further described in attached Exhibit D. 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 A Zone Change from RA-2 to B-4 Nurturing Center and Flathead County Legal Description Lot 6, Block 49 and Lot 9 and the west 60 feet of Lots 7 and 8, Block 48, Kalispell Original located in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County. 17 2- 3; ,�1 -� pow— 12 16 17- 122 10 15 13 -9A 15:- 10 10 -12 13 1�1�1�1 10 AG VICINIW MAI THE NURTURING CENTER 11 A6 15 15 15 14 REQUEST FOR A ZONE CHANGE FROM RA-2, HIGH DENSITY RESIDENTIAL APARTMENT, TO B-4, CENTRAL BUSINESS KALISPELL ZONING DISTRICT PLOT DATE:7/18/99 FILE #KZC-99-4 SCALE 12 " =00' H:\gis\sitc\XZC99-4.dwg ,—A ADDENDUM To No. 93303 In reference to the OO Purchase Agreement, O Exchange Agreement, O Lease, O Counter Offer --- covering the OQ real property, 0 business opportunity, Q premises ---- commonly known as dated 133 THIRD AVENUE WEST KALISPELL, MONTANA JULY 6 1999 , between THE NURTURING CENTER, INC. (buyers), and AMY FENNELLY (sellers), the undersigned Parties hereby agree as follows: 1. BOTH PARTIES AGREE TO EXTEND THE CLOSING DATE FROM AUGUST 2, 1999 TO SEPTEMBER 10, 1999. 2. THIS SALE IS CONTINGENT UPON THE SUBJECT PROPERTY BEING REZONED TO B-4 FROM RA-2. THE BUYER AND SELLER BOTH AGREE TO CLOSE EARLIER IF THE APPROPRIATE GOVERNMENT BODIES APPROVED THE ZONING CHANGE PRIOR TO SEPTEMBER 10, 1999. IF THE ZONE CHANGE FROM RA-2 TO B-4 IS NOT SUCCESSFUL THEN THE EARNEST MONEY SHALL BE RETURNED TO THE BUYER 3 AMY FENNELLY "SELLER" HEREBY GIVES THE NURTURING CENTER, INC. "BUYER" FULL POWER TO ACT IN HER BEHALF IN APPLYING FOR AND ACTING IN HER BEHALF IN THE ZONING APPLICATION AND ZONE CHANGE FROM RA-2 TO B-4. 4. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL OFFER " TO PURCHASE AND SELL" SHALL REMAIN THE SAME. m m I St 66 E6 29 July 1999 Ms Narda Wilson Flathead Regional Development Office 723 Fifth Avenue East Room 414 Kalispell, Mt. 59901 Subject: Proposed Zone change from RA-2 to B-4 for the Nurturing Center In Kalispell Dear Ms Wilson: We are homeowners adjacent to the properties proposed for rezoning to B-4 Central Business. As you are aware lots in this area are small with limited parking availability. Many residents must park on the street which creates a severe parking crunch at various times during the day. Our concern is the Central Business Zoning and proposed expansion will generate even more on -street parking leaving homeowners without nearby access to their residences. We request that the rezoning be conditioned on the proponents providing additional off-street parking for employees and clients to alleviate the critical situation now existing. Thanks for the opportunity to comment. Doug 1 C J"nifer Uombs 136 Third Ave. West Kalispell, Mt. 59901 G -Zee r\ �,/� �/� ��! W /`�- r, ��_� �� ` � �. ,.-- s�--� , � � �� -��y%�