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4. Ordinance 1339 - Zone Change - Sneed - 1st ReadingFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Sneed Zone Change From RA-1 to R-4 MEETING DATE: November 1, 1999 BACKGROUND: This is a zone change request on approximately a 1.64 acre site from an RA-1, Low Density Residential Apartment zoning district to R-4, a Two Family Residential zoning district. The property proposed for rezoning is located on the southwest corner of Eight Street West and 12th Avenue West in Kalispell. 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. The property owner is requesting that this property be rezoned from RA-1 to R-4. The minimum lot size requirement for both zoning districts is 6,000 square feet. However, the lot width is 60 feet in RA-1 and 50 feet in R-4. The property owner would like to sell this property which would then be developed as a residential subdivision intended primarily for single family dwellings. The reduced lot width requirements allows more flexibility in subdivision design. There is good potential for the subdivision of this property since there are existing City right-of-ways in the area as well as access to water and sewer facilities. Currently this property is undeveloped and lies on the western boundaries of the city limits. RECOMMENDATION: A motion to adopt the ordinance on first reading granting the zone change from RA-1 to R-4 would be in order. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the city council 3V Narda Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: October 18, 1999 Attachments: Transmittal letter FRDO Report KZC-99-5 w/application materials Draft minutes of the 10/ 12/99 planning board meeting Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • ORDINANCE NO. 1339 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 ON EXHIBIT "A" (PREVIOUSLY ZONED RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, William and Rebecca Sneed, 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 R-4, Two Family Residential, and WHEREAS, the property as described exists as property surrounded to the North by Duplex dwellings, R-4 Zoning, to the East by Senior apartment housing, RA-1 Zoning, to the South by County R-1 Zoning (Single family homes), and to the West by County R-1 Zoning (Single family homes), and WHEREAS, the petition of William and Rebecca Sneed was the subject of a report compiled by the Flathead Regional Development Office, #KZC-99-5, dated October 4, 1999, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described on Exhibit "A" be zoned R-4, Two Family Residential 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 R-4, Two Family Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Two Family Residential, 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-99-5. 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 in Exhibit "A" as R-4, Two Family Residential. 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 NOVEMBER, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk comprehensive plan of the remaining phase plans. The applicant agrees with the conditions as amended by the staff. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Heinecke asked and was answered that the parking lot on the north side of Sunnyview will eventually be lost to the hospital but not until lot 6 or 7 is developed. The hospital will have to make up the deficit parking at that time. Heinecke also questioned whether there is a new road going in along lot 35, and Wilson answered that right now as much as it may be needed she does not foresee it happening either by donation or condemnation. Greer added that the hospital at some point would like to add a road but at this time there is not a 60-foot width along lot 35 to allow for a road. MOTION Heinecke moved and Hines seconded to adopt staff report KPP- 99-3 as findings of fact and, based on these findings, recommend that the request for preliminary plat approval be granted subject to the conditions as amended by staff. On a roll call vote all members voted Aye. The motion to recommend approval of the preliminary plat subject to amended conditions passed unanimously. SNEED ZONE CHANGE A request by William and Rebecca Sneed for a zone change from RA-1 to R-4 on approximately 1.64 acres located on the southwest corner of Eighth Street West and 12th Avenue West in Kalispell. STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a presentation on staff report KZC-99-5 in which staff recommends that the requested zone change be granted. She stated that she believes this to be an ideal location for this proposal._ The minimum lot requirement is 1 dwelling per 3,000 square feet, so there is no density gain or loss with this zone change. She stated that this proposal is consistent with the neighborhood character. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Chris Jackola spoke in favor of the petition stating that this proposal fits with the neighborhood and the owners' vision for this property. OPPONENTS No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Johnson stated that a real estate agent had the zone changed on this property previously, but he agrees that an R-4 zoning makes the best sense for this property. MOTION Garberg moved and Sipe seconded to adopt staff report FZC-99- Kalispell City -County Planning Board October 12, 1999 Meeting Minutes Page 2 of 5 5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the requested zone change from RA-1 to R-4 be granted. On a roll call vote all members voted Aye. The motion to recommend that the zone change be granted passed unanimously. SALVATION ARMY A request by the Salvation Army for a conditional use permit to CONDITIONAL USE allow a multi -family development in an H-1 to construct a 12- PERMIT unit apartment complex for senior and disabled persons in the north part of the Salvation Army parking lot. STAFF REPORT Narda Wilson gave a presentation on staff report KCU-99-8 in which staff recommends that the conditional use permit be granted subject to five conditions. She stated that the Salvation Army wishes to convert the north lot to modest apartments for seniors and the disabled. She added that this parking displacement does not impact the required parking under zoning. The parking requirement for multi -family for seniors and the disabled is one space per five dwellings, and this proposal includes one space per dwelling, which is far more adequate. This would have a relatively minimal impact on the area and services. This fits in well with the mix in the area. Johnson asked about fire department requirements and Wilson stated that the condition, as written, leaves this to the Fire Department and would be worked out at site review. Stevens asked about condition four, deed restrictions, and Wilson stated that this would be flexible enough to allow for future use by other than seniors if allowable parking were met. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Lt. Monte Jones, 216 Glenwood Drive, spoke in favor of the _petition stating that the Salvation Army's goal is to meet human needs without discrimination. They want to meet that need with this low-income apartment complex. During this process they have met with the neighbors and have addressed a lot of the concerns, the Salvation Army's idea is to meet their demands where possible. This unused parking lot is not good stewardship and an apartment complex to meet human needs is good stewardship. OPPOSITION Michael Ober, 54 Buffalo Hill Drive, spoke against the proposal based on the fact that this will reduce his property values, and increase traffic, noise and congestion. Bob Windauer, 75 Claremont Street, questioned the petition asking about landscaping and plans for Bountiful Drive, and the problems with vagrants etc. He asked how that end of the property will be managed. Kalispell City -County Planning Board October 12, 1999 Meeting Minutes Page 3 of 5 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 October 18, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Sneed Zone Change from RA-1 to R-4 in the Kalispell Zoning District Dear Chris: The Kalispell City -County Planning Board met on October 12, 1999, and held a public hearing to consider a request by William and Rebecca Sneed for a zone change from RA-1, Low Density Residential Apartment, to R-4, Two -Family Residential, on approximately 1.64 acres located on the southwest corner of Eighth Street West and 12th Avenue West in Kalispell. __ Narda Wilson, representing the Flathead Regional Development Office, presented a staff report that evaluated the proposal in accordance with the required criteria. She noted that this would allow subdivision of this property with 50 foot lots rather than 60 foot and would not effect the overall density. Staff recommended approval of the requested zone change. At the public hearing Kris Jackola, representing the applicants, spoke in favor of the petition stating that this zone change fits with the neighborhood and the owners' vision for the property. The planning board discussed the zoning in the area and zone change proposal. A motion was made and seconded to adopt staff report KZC-99-5 as findings of fact and forward a recommendation to approve the zone change from RA-1 to R-4. The motion passed by unanimous vote. Please place this matter on the agenda for the November 1, 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 (_#alispell I City o ty nning Board Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Sneed Zone Change October 18, 1999 Page 2 JJ/NW/tl Attachments: FRDO Report #KZC-99-5 w/application materials Draft minutes of 10/ 12/99 planning board meeting c: w/Att: Theresa White, Kalispell City Clerk c: William & Rebecca Sneed, 280 McMannamy Drive, Kalispell, MT 59901 Jackola Engineering, P O Box 1134, Kalispell, MT 59903 H: \FRDO \TRANSMIT\KALISPEL\ 1999 \KZC9905. DOC WILLIAM AND REBECCA SNEED ZONE CHANGE REQUEST FROM RA-1 TO R-4 FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KZC-99-5 OCTOBER 4, 1999 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from RA-1 to R-4. A public hearing has been scheduled before the Kalispell City -County Planning Board for October 12, 1999 beginning at 7:00 PM in Kalispell City Council Chambers. A recommendation from the Planning Board will be forwarded to the Kalispell City Council for final action. The applicants are proposing to amend the Kalispell Zoning Map by rezoning an approximate 1.64 acre site from an RA-1, Low Density Residential Apartment zoning district to R-4, a Two Family Residential zoning district. A. Petitioner and Owners: William and Rebecca Sneed 280 McMannamy Draw Kalispell, MT 59901 (406) 755-1148 B. Location and Legal Description of Property: The property proposed for rezoning is located on the southwest corner of Eight Street West and 12th Avenue West in Kalispell. The property can also be described as Assessor's Tract 3, Government Lot 3 located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 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 R-4, Two Family Residential on approximately 1.64 acres. The minimum lot size requirement for both zoning districts is 6,000 square feet. However, the lot width is 60 feet in RA-1 and 50 feet in R-4. The property owner would like to sell this property which would then be developed as a residential subdivision intended primarily for single- family dwellings. The reduced lot width requirements allows more flexibility in subdivision design. E. Size: The area of the parcel proposed for rezoning contains approximately 1.64 of an acre. There is good potential for the subdivision of this property since there are existing City right-of-ways in the area as well as access to water and sewer facilities. F. Existing Land Use: Currently this property is undeveloped. G. Adjacent Land Uses and Zoning: This property is in an area which has a mix of single family residences and duplexes in the immediate area. It is residential in character and lies on the western boundaries of the city limits. North: Duplex dwellings, R-4 zoning East: Senior apartment housing, RA-1 zoning South: Single family residential, County R-1 zoning West: Single family residential, County R-1 zoning H. General Land Use Character: The general land use character of this area is residential. This is on the urban fringes of Kalispell in addition to it being very near the 100 year floodplain associated with Ashley Creek which has limited development potential. It can be described as a transition area between the urban area of Kalispell and the more rural areas of the county. 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 6,000 square feet for both zoning districts. Subdivision potential would be good because of the size of the parcel and the availability of public services to the site. 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, no comments had been received from the public regarding this proposal. 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. IMMPTO • -• • •• •••• .. • •- u. ' .• The Kalispell City -County Master Plan map designates this area as Urban Residential. The proposed zoning would be in general compliance with this master plan map designation. 2 MUMMONEW Currently, the area proposed for rezoning has several potential residential development sites. The rezoning would not generally change the number of allowable lots and reducing them slightly, hence there would not be a net difference in the congestion in the streets which might be created once these lots are fully developed. Water and sewer mains, fire hydrants and new paved roadways would be required to be installed to serve new lots thereby securing safety from an emergency situation. Building codes will insure that the fire codes are met during the construction of the buildings. Rezoning will not effect the risk and safety factors which might be associated with this property. The change in zoning would further the general health and welfare of the community by providing the potential development of property on affordable lots served by municipal services in an area that would be compatible and conducive to the type of development anticipated for the site. Adequate light and air would be provided both by the density in the district and the setback requirements for structures. Will the requested zone prevent the ovemwowd�-#E-of-land-or u-idue concentrxtmv. of •- • The minimum lot size for the R-4 zoning is similar to the RA-1 currently in place. Generally there would be no increase to the overall density of the area that would result with the proposed R-4 zoning on this property and may in fact reduce the density allowed for the site. OF50 - M—e Me W10mr1wTorfrou Most public services and facilities are available in close proximity to this site such as fire protection, police protection, schools, parks and recreation and a good transportation system along with municipal water and sewer service. Adequate services can be provided to accommodate the development of this property. Currently this property is zoned for multi family residences. The change in zone will not change the allowable uses on the property since the R-4 and RA-1 are both residential, the difference being that the R-4 zoning district requires less lot 3 width and does not allow multi -family dwellings. Additionally, the setbacks in R-4 are reduced from the ten feet required under RA-1 to five feet. The requested zone gives adequate consideration to the suitability of the property for single family residential uses. The character of the area is single family residential and duplexes with the exception of the senior housing project immediate to the east. The requested zone is consistent with the uses in the area since. it is intended for residential uses. fW51891MR•• The value of buildings in the area would be generally unaffected by this change in zoning. The uses planned for these lots are residential which would be consistent and compatible with other buildings in the area which are primarily single family homes and duplexes. . - -. - -. • • - - r . - . - ••MOMIRI-1-19#55FICANDWr4m . • - • •WWI The master plan designates this area for urban residential 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 net effect of the request for a zone change would be minimal with regard to impacts in the area since the overall density would be modestly reduced. In exchange the lot width requirements and setback requirements are also reduced. Most of the lots in the area have been developed in accordance with the R-4 zoning and the subject property is one of the few zoned for apartments in the area. Allowing the property to be rezoned to R-4 would allow more flexibility in designing and developing lots intended for this property. Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff report #KZC-99-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the requested zone change from RA-1 to R-4 be granted. H\99\.. \KZC99-5.RPT 0 FRDO Z-98 CERTIFICATION' APPLICANT: WILLIAM & REBECCA SNEED (RA-1 TO R-4) FRDO FILE #: KZC-99-5 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the property lines of the property that is the subject of the application. Date. Assessor's S-T-R Lot/Tract Property Owner No. No. & Mail Address SEE ATTACHED LIST _ APPLICANT WILLIAM & REBECCA SNEED 280 MCMANNAMY DRAW KALISPELL MT 59901 TECHNICAL PARTICIPANT JACKOLA ENGINEERING PO BOX 1134 KALISPELL MT 59903 ADJACENT OWNERSHIP TRACT 3, SECTION. 18, T.28N., R.21 W. Flathead County, Montana SECTION LOT & ASSESSOR'S TOWNSHIP TRACT PROPERTY OWNER AND NUMBER RANGE NO. MAILING ADDRESS ASHLEY ADDITION AMD L7-12 Z LK 3 0968399 S18, T28N, R21W LOT 1 A 0968400 S18, T28N, R21W LOT2A 0968401 S18, T28N, R21W LOT 3A 0968402 S18, T28N, R21W LOT 4A KEN -WAY ADDITION 0969117 S18, T28N, R21W LOT 4 0969118 S18, T28N, R21W LOT 5 0969119 S18, T28N, R21W LOT 6 KEN -WAY NO.2 ADDITION FRANCES 1. BEKKEDAHL 1235 8TH ST. W. KALISPELL, MT 59901 IVAN & CONNlE LORENTZEN 354 BLUE SPRUCE LN. KALISPELL, MT 59901 CRAIG & CONNIE DE NMAN KENT MEYER SUSAN & WILLIAM R. SCHOTTE ELKORB IVAN & CONNIE LORENTZEN 354 BLUE SPRUCE LANE KALISPELL, MT 59901 SUSAN & WILLIAM R. SCHOTTELKORB DONALD PRINCE & HELEN E. PRINCE 1235-3RD AVE EAST KALISPELL, MT 59901 BROOK & JENNIFER FREUDENBURG 716 11TH AVE WEST KALISPELL, MT 59901 TAMMEY J. STREMEL P.O. BOX 8805 KALISPELL, MT 59901 KEN NARDINGER & WAYNE A. JENSEN CIO KEN -WAY DEVELOPMENT 1128 KENWAY KALISPELL, MT 59901 A PPROVM 9�9�Iw C -1355 S18, T28N, R21W 0343380 S18, T28N, R21W TRACT 4A 0150040 S18, T28N, R21W TRACT 4AA 0054480 S18, T28N, R21 TRACT 4 ASHLEY BLK 3 0034725 S18,T28N, R21W LOT 1 LOT 2 LOT3 0880244 S18, T28N, R21W LOT 4 0°- - ,450 S18, T28N, R21W LOT 5 LOT 6 ASHLEY BLK 4 9e54*50 S18, T28N, R21 LOT 1 0 SS'8 80 0 _ LOT 2 0709050 S18, T28N, R21W TRACT 8A 0054481 S18, T28N, R21W TRACT 8B JENSEN-NARDINGER 1128 KEN WAY KALISPELL, MT 59901 JOE & BARBARA SWARTZENBERGER 904 WALLACE AVE KALISPELL, MT 59901 MARILYN CLEMENTS 854-12TH AVE WEST KALISPELL, MT 59901 KENNETH M. & BETTY A. SHARP 1300-8TH STREET WEST KALISPELL, MT 59901 TERRY L. & PATRICIA K. BAKER 1739 FOYS LAKE ROAD KALISPELL, MT 59901 - ERIK J. ANDERSON 1228 T7TH ST WEST KALISPELL, MT 59901 PHILIP E. BOYCE 270 BRUNNER RD. C. FALLS, MT 59912 MARSH FAMILY TRUST 954 N. MERIDIAN ROAD KALISPELL, MT 59901 HENRY M. & MARY M. WIERSMA 701 S. MERIDIAN ROAD KALISPELL, MT 59901 FRANCES 1. BEKKEDAHL 1235 8TH STREET WEST KALISPELL, MT 59901 APPROVED-9 / air. ti r: -'k R : NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Kalispell Zone Change from RA-1 to R-4 on the SW corner of 81-h St West and 12th Ave. West Salvation Army Conditional Use Permit for 12 Senior / Disabled Housing Preliminary Plat Approval for Buffalo Commons Phases 3, 4 and 5 - 27 Lot Subdivision The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, October 12, 1999, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Kalispell City Council who will take final action: 1. A request by William and Rebecca Sneed for a zone change from RA-1, Low Density Residential Apartment, to R-4, Two Family Residential, on approximately 1.64 acres located on the southwest corner of Eight Street West and 12th Avenue West in Kalispell. The property can also be described as Assessor's Tract 3, Government Lot 3 located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and as further described in attached Exhibit A. 2. A request by the Qalvation Army for a conditional use permit to allow a multi -family development in an H-1, Health Care, zoning district. The applicants propose to construct a 12 unit apartment complex for senior and disabled persons which would consist of four units; two duplex units, one tri-plex unit and one five plex unit. These would be constructed in the north part of the Salvation Army property, which is now part of their parking lot. This property is located at 110 Bountiful Drive and can be further described as Lots 1 and 2, Highland Park, lit Addition located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Northwest Health Care for preliminary plat approval of a 27 lot subdivision on approximately 36 acres which is known as Buffalo Commons, Phases 3, 4 and 5. This is a commercial subdivision that is zoned as part of the Buffalo Commons Planned Unit Development located east of Highway 93 and north of Sunnyview Lane in Kalispell. Lots range in size from approximately one half acre to approximately four acres. This property can be described as Assessor's Tract SABM and portions of Assessor's Tracts 7ET+ and 7ETH+ Iocated in Section 6, and Assessor's Tract 2DCE located in Section 13, 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 or you may contact Narda Wilson, Senior Planner, for additional information. Thomas R. Jentz ' Planning Director Exhibit A Sneed Zone Change from RA-1 to R-4 Legal Description That portion of the Northwest 1/4 of the Southwest '/4, Section 18, Township 28 North, Range 21 West, Flathead County, Montana, described as follows: Beginning at the Southeast corner of the Town of Ashley; thence; South 0150'15" West, a distance of 261.40 feet; thence South 47°10'23" West, a distance of 28.70 feet; thence South 8803446" West, a distance of 233.55 feet; thence North 1028'20" East, a distance of 286.76 feet to the South line of Eight Street West; thence along the South line of the Street, East, a distance of 250.98 feet to the Point of Beginning. 17LA 7AC 34 >ae,aA 5ovro ?' 1 AG , A — 1AF T 1 AE 4B r1 554321 gq 8B Y; h _J ;Al 4 2A Su6ject Proge 11B am VICINITY MAP WILLIAM & REBECCA SN EED K REQUEST FOR A ZONE CHANGE FROM RA-1, LOW DENSITY RESIDENTIAL APARTMENT, TO R-4, TWO FAMILY RESIDENTIAL KALISPELL ZONING DISTRICT KZC-99-5 ' �&�d 9�cs -5.� SCALE 1 = 250 Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fam (406)758-5781 _ PETITION FOR ZONING AMENDMENT CITY OF KALISPELL William and Rebecca Sneed 1. NAME OF APPLICANT: 2. MAIL ADDRESS: 280 McMannamy Draw, Kalispell, Mt 59�Oi 1Q99 3. CITY/STATE/ZIP: Kalispell, Mt. 59901 PHONE: 406-755-1148 4. INTEREST IN PROPERTY: Owner 5. ZONING MAP AMENDMENT: % ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: South West corner, 8th Street West 12th Ave West A. Address of the property: 33 a 1 , MT. B. Legal Description: Lot 3 Gov Lot 3 (Lot and Block of Subdivision; Tract #) S18-T28-R21 (vection, Township, Range) (Attach Sheet for me -es and bounds) C. The present zoning of the above property is: RA-1 D- The proposed zoning of the above property is: R-4 E. State the changed or changing conditions that make the proposed amendment necessary: Proposed use of the property will be a 10 Lot residential subdivision. With RA-1 zoning and a minimun 60 foot Lot width the property will not accomodate this plan. With R-4 zoning and a 50 Foot Lot width subdivision wll fit. 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan Consistant with Master Plan. B. Lessening congestion in the streets and providing safe access Adequate access from existing city streets from proposed internal street and alleys. C. Promoting safety from fire, panic and other dangers Appropriate water supply and fire access. D. Promoting the public interest, health, comfort, convenience, safety and general welfare Consistant with surrounding R-4 Zoning and allowing smaller lot size with more affordable housing. N 1A G. Preventing the overcrowding of land Consistant with R-4 zoning and master plan. Avoiding undue concentration of population Consistant with R-4 zoning and Master plan. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities All available H. Giving reasonable consideration to the character of the district Consistant residential use. 2 W1 Giving consideration to the peculiar suitability of the property for particular uses As the site plan shows the property more than adequately provides a location with good access to all necessary services, good trafic flow, adequately parking and a facility whoes density is appropriate for the site. Protecting and conserving the value of buildings The proposed development will consist of single family developments. Nice land scaping, paved parking, porches, side walks and yards. K. Encouraging the most appropriate use of land by assuring orderly growth The property is currently an unused vacant lot which tends to collect undisirable elements. The proposed change will provide needed low density affordable attractive high quality housing. 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. (Applicant) 9 (Date) 3 Petition for Zone Change As primary and majority land owner in the RA -I zoning district, I undersigned do petition to change the zoning of all the parcels indicated as RA- I, including Lot 3 Gov Lot 3 on the Zoning map from RA-1 to R-4. Signed, Rebecca Sneed TICOR TITLE INSURANCE 27 5270 107 00001687 Policy of Title Insurance American Land SUBJECT TO THE EXCLUSIONS FROM Title Association COVERAGE, THE EXCEPTIONS FROM Lo. "n Policy COVERAGE CONTAINED IN SCHEDULE B (10.17-92) AND THE CONDITIONS AND STIPULATIONS, TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated 8. therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title. 4. Lack of a right of access to and from the land; 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; (a) arising from an improvement or work related to the land which is contracted for or commenced prior to Date of Policy; or (b) arising from an improvement or work related to the land which is contracted for or commenced subsequent to Date of Policy and which is financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule A, or the failure of the assignment shown in Schedule A to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. 7. Lack of priority of the lien of the insured This policy shall not be valid or binding until mortgage over any statutory lien for services, countersigned below by an authorized signatory labor or material; of the Company. Issued by: ALLIANCE TITLE AND ESCROW CORP. 45 2ND STREET EAST P.O. BOX 879 KALISPELL, NIT 59903-0879 (406) 752-7606 A ohzed�Signat�oty TICOR TITLE INSURANCESOMPANY President Secretary �1JJJJJrJ�1 �1 JJJJ�J�J�JJ�JI;J JJ�JJJJJJJ`rJ�JJ�JJJJJJ �I JJJJJ ALTA LOAN POLICY (10.17-92) ?orner Form No 8936 Coverage The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy. -se or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (in) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or tiv) environmental protection, or the effect of any violation of these taws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affect..ng the land has been recorded in the public records at Date of Po:,cy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent Conditions and Stipulations 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured. unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part ther-rof, whether named as an insured herein or not; N) the parties designated in Section 2(a) of these Conditions and Stipula- tions. (b) Zinsured claimant": an insured claiming loss or damage- (c) "knowledge" or "known": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart construc- tive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, or in Schedule C if not provided for in Schedule A. and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in the applicable Schedule, nor any right, title, interest, estate or easement in abutting streets, roads. avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage mortgage. deed of trust. trust deed. or other security instrument. Mat this policy insurers the priority of the lien of the insured mortgage over any statutory lien for services, labor or material); or (e) resulting in loss or damage which would not have been sustaino, if the insured claimant had paid value for the insured mortgag{ 4. Unenforceability of the lien of the insured mortgage because of the inabifr; or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or (i i i) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(axiv) of the Exclusions From Coverage. "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE (a) After Acquisition of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of (i) an insured who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly -owned subsidiary of the insured corporation, and their corporate successors by oper- ation of law and not by purchase, subject to any rights or defenses the Com- pany may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured. or on long as the insured shall have liability by reason of covenants of warm made by the insured in any transfer or conveyance of the estate or intere=_ This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land. or (h) an indebtedness secured by a purchase money mortgage given to the insured. �A