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5. Ordinance 1283 - White Zoning - 2nd ReadingAGENDA ITEM 5 - ORDINANCE 1283 - WHITE ZONING - CALIFORNIA STREET BACKGROUND/CONSIDERATION: At the last meeting the Council approved Resolution 4395 to complete the annexation of property owned by Edgar and Margaret White at the north side of California Street between 4`h Avenue E.N. and 5 h Avenue E.N. At the same time the 1` reading of Ordinance 1283 passed authorizing the initial zoning of this parcel as R-3, Urban Single Family Residential. RECOMMENDATION: I concur with the Planning Board and FRDO's recommendation that the property be zoned R-3. ACTION REQUIRED: Completion of the 2`d reading of this ordinance will finalize the zoning designation. ORDINANCE NO. 123 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING PROPERTY KNOWN AS ASSESSOR'S TRACT 24A LOCATED IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL), CITY R-3, URBAN SINGLE FAMILY RESIDENTIAL, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Edgar and Margaret White, the owners of property more particularly described as Assessor's Tract 24A located in Section 8, Township 29 North, Range 21 West, P.M.M., Flathead County, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to City R- 3, Urban Single Family Residential, and WHEREAS, the property as described exists as property surrounded to the North by City P-1 classification, to the East by County R-1 classification, to the South by City R-3 classification, and to the West by City P-1 and City R-3 classification, and WHEREAS, the petition of Edgar and Margaret White was the subject of a report compiled by the Flathead Regional Development Office, #KA-98-1, dated February 2, 1998, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned City R-3, Urban Single Family Residential, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending the property as described be zoned City R-3, Urban Single Family Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described City R-3, Urban Single 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 oCounty Commissioners., Etc 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KA-98-1. j:wp\ord\White 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SF.CTION 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 Assessor's Tracts 24A located in Section 8, Township 28 North, Range 21 West, P.M.M, Flathead County as City R-3, Urban Single 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 , 1998. Wm. E. Boharski, Mayor Theresa White Clerk of Council j:wp\ord\White 2 EDGAR AND MARGARET WRITE REQUEST FOR ANNEXATION AND INITIAL ZONING FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KA-98-1 FEBRUARY 2, 1998 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request by Edgar and Margaret White for annexation and initial zoning. A hearing has been scheduled before the Kalispell City -County Planning Board for February 10, 1998 beginning at 7:00 PM in the Kalispell City Council Chamber. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioners have owned the property proposed for annexation for many years and are now ready to build a home. Because of the topographical constraints of the property and its proximity to City sewer, City sewer is required to develop the site. A. Petitioner and Owners: Edgar and Margaret White 135 Birch Drive Whitefish, MT 59937 (406)862-4722 B. Location and Legal Description of Property: The property proposed for annexation is located on the north side of California Street between Fourth Avenue E.N. and Fifth Avenue E.N. The property can be described as Assessor's Tract 24A located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: Currently this property is located in the County zoning jurisdiction and is zoned R-1, a Suburban Residential zoning district requires a minimum of one acre and is usually in an area which is not served by community sewer. The subject property could not be developed in the R-1 zoning district with an on -site sewage treatment system because of the topography. There is a small building site along the southern boundary of the property and then a sharp drop down to a slough of the Stillwater River. D. Proposed Zoning: The applicants are proposing City R-3 zoning, a Residential zoning district which has a minimum lot size requirement of 7,000 square feet and would be required to be served by all public facilities and services. This district is primarily single family residential. All of the surrounding residential properties in the area are zoned R-3 and the proposed zoning would be consistent with that which is in the area. E. Size: The area proposed for annexation and zoning contains approximately 1.87 acres. F. Existing Land Use: Currently this property is undeveloped. The property owners plan to building a single family residence on the property and require City water and sewer to do so, hence the request for annexation into the city. G. Adjacent Land Uses and Zoning: The character of the immediate area is residential. This property bounded on the south and west by property within the city limits. The property to the east and north is in the county. North: Lawrence Park, City P-1 zoning South: Single family homes, City R-3 zoning East:: Undeveloped except for an old ice house, County R-1 zoning West: Single family homes and Lawrence Park, City P-1 and City R-3 zoning H. General Land Use Character: The general land use character of the area is single family residential to the south and open space to the north and east. This property adjoins Lawrence Park on the north and west and then an undeveloped parcel which also adjoins Lawrence Park to the east. There are single family homes to the south and to the west. I. Availability of Public Services: Public services are available in the immediate area which include fire and police service, street maintenance as well and public water and sewer. The reason for this annexation request is so that the property owners can connect to the City of Kalispell water and sewer and thereby construct a new single family home 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 property is indicated on the Kalispell City County Master Plan Map as urban residential. The proposed R-3 zoning district complies with that master plan map designation, as well as the goals and policies of the document. 2. Is the requested zone designed to lessen congestion in the streets? Rezoning this property may result in a potentially ten vehicle trips per day associated with a single family home. No significant impact on traffic congestion will result from bringing this property into the city and assigning it an R-3 zoning designation. 3. Will the requested zone secure safety from fire panic and other dangers? There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services are adequate. 4. Will the requested zone promote the health and general welfare? Because this annexation will enable the property owners to connect to public sewer and construct a new home on full public services, the public health and welfare of the community will be served by encouraging compact development within the city core. S. Will the requested zone provide for adequate light and air? The proposed use, a single family residence, will be required to comply with the development standards of the district which assures that there is adequate light and air. 6. Will the requested zone prevent the overcrowding of land? The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. 7. Will the requested zone avoid undue concentration of people? No significant increase in the population in the area will result under the proposed zoning. Technically, one additional dwelling would be constructed under this zoning. The lot size requirements for the district avoid the undue concentration of people in the area. 8. Will the requested zone facilitate the adequate provision of transportation water, sewerage, schools, parks, and other public requirements? Public service, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed zoning is consistent with the zoning in the surrounding area and the uses in the area. The proposed zoning is consistent with the master plan map designation and anticipated development. The requested zone gives appropriate consideration for the suitability of this area for the uses allowed under the R -3 zone. 3 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is residential. The use proposed on the property is residential and will be consistent and compatible with other uses in the area. The requested zone gives reasonable consideration to the character of the area. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. 12. Will the requested zone encourage the most appropriate use of the land throughout the iurisdiction? The most appropriate use of land throughout the jurisdiction appears to currently be residential. This is consistent with the master plan designation and promotes the stability and neighborhood character of the immediate area. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-98-1 as findings of fact and forward a recommendation to City Council that the initial zoning for this property should be R-3, Residential, upon annexation. H: \... \REPORTS\KA\98\KA98-1 4 Jan. 7, 1998 From: Ed & Margaret White 135 Birch Drive Whitefish, Mont. 59937 To: City of Kalispell Subject: Request for Annexation on the following tract of land for the purpose of building a retirement home. We request zoning classfcation to be the same as other single family homes adjoing the property. Thank You, � z� _ E T _ _ _ JN .+O . 3EFORE THE C-:'Y CCJNCIL RECE110 OF THE CI:Y CF KALI-T. _LL ,BAN 8 1998 PETITION FOR ANNEXATION TO CITY FLATHEAD FtEG ZONAL 06yaLOPMANT GEEIQ CCME NOW the undersicned and respectfully petition the City Counci: of the City cf Kalispe== requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the Rural Fire District. The petitioner(s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this g W day of Zzi 1l-� , 19?6. LEGAL DESCRIPTION OF PROPERTY TO SE ANNEXED: I' / � /f �1A,t 2 j { �.` i' �'., .�.t� v� /�1 s^ J PROPERTY ADDRESS: (�- O)L&- - OWNER OWNER , PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 February 18, 1998 Clarence Krepps, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Edgar and Margaret White Request for Annexation and Initial Zoning of R-3 Dear Clarence: The Kalispell City -County Planning Board met on February 10, 1998, and held a public hearing to consider a request by Edgar and Margaret White for initial zoning of R-3, Residential upon annexation into the city. The property proposed for annexation the contains approximately 1.87 acres and is located on the north side of California Street between Fourth Avenue East North and Fifth Avenue East North. It can be described as Assessor's Tract 24A in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Narda Wilson of the Flathead Regional Development Office presented a staff report and recommended City R-3 zoning for this parcel upon annexation. The property owner spoke in favor of the R-3 zoning, and stated they need City water and sewer in order to build their house. No one spoke in opposition. A motion to adopt staff report #KA-98-1 as findings of fact and recommend approval of the proposed R-3 zoning upon annexation passed unanimously on a vote of seven in favor andrione opposed. A recommendation for the proposed R-3 zoning upon annexation of this property is being forwarded to City Council for consideration at their regular meeting on March 2, 1998. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely Kalispell City -County Planning Board Milton J. Carlson Vice -Chair Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Edgar and Margaret White Annexation February 18, 1998 Page 2 MJC/NW/eo Attachments: FRDO Report #KA-98-1 w/ application materials Draft Minutes 2/ 10/98 Planning Board meeting Exhibit A (legal description) c w/o Att: Edgar & Margaret White, 135 Birch Dr., Whitefish MT 59937 Debbie Gifford, Kalispell City Clerk H: \TRANSMIT\KAL\ 1998\KA98-1 EXHIBIT A LEGAL DESCRIPTION EDGAR AND MARGAR.ET WHITE LEGAL DESCRIPTION TRACT ; f including Parcel—a-1 A tract of land, situate, lying and being in the St:'; NW- of Section 8, IownshiD 28 North, Range 1-1 t:est, P.M.M. Flat- head Count• Montana, and more particularl% described as Jr - follows: BeRinnino at the forth 1/16 Corner common to Sections 7 and ',� LEC 8: thence S ft" 5 9 ' 56 E, 143.55 feet: thence ;:`: S 000 48'. 31" t;, 571.35 feet to a point on the northerly R/t% ,`,` �SE of California Street: thence S 76° 49' 03" t� along said R/t%, r 100.65 feet to a point: thence N I" 24' 33" t' , 90. 79 foot: :i. 1I/4 thence S 25' 38' 53" t:, 60.65 feet to a point on the line r common to Sections 7 and 8: thence N 000 48' 3 1 " E a I o n o said OCEI` I i Section line. 453.52 feet to the point of beginning and con- 6 1� taining 1.871 acres of land. '+ i FO IR ACT 2 A tract of land, situate, lyin- and being in the �E \F'_ of t.0 SE Section 7 and the SG'� Nt:, of -Section 8, Tovnship 18 Nortl-I, ST Range 21 t%est, P.M.M., Flathead Count•, Montana, and more particularly- described as follows: Commencing at the North 1/16 Corner commor: to Sections 7 and 8: thence S 00' 48' 31-W. along said Section, line, CERTIFICAT Z �53.5` feet to- the true point of beginning of the tract bein;� described: thence S 76' 49' 03" ti, 87.37 feet: thence S 13' 10' 37" E, 150.00 feet -to a point on the nortilerly R/[,; Z of California Street: thence _ 760 49' 03" E along said R/t\*, REGISTRAT 99.37 feet to a point: thence N 12' 29' 33" t;, 90.79 feet; - thence \ 251 38.' 53" t�, 60.65 feet to thF point of beginning APPR vED-'J, and con aining 0.336 acres of land. EXAMININV S l - STATE OF MO: COUNTY OF FILED. THI: At LO'cloc - - _ CtERKLAND E BY �V D.1 r� INSTRU! SHEE1 ;: CERTIFi2. ATE OF CT-259 28 ✓.�rv4 !, r r, OrdAo. . WARRANTY DEED Co (JOINT TENANCY) Ry For Value Received ALBUkT M. JOHNSON and LORETTA J. JOHNSON the grantors, do hereby grant, bargain, sell and convey unto EDGAR A. WHITE; and MAXA ET L. WHITE 135 Birch Drive, Whitefish, MT 59937 Othe grantees , as joint tenants (and not as tenants in common), and to the survivor of said named joint tenants, and to the heirs and assigns of such survivor, the following described premises, in FLAIHM County, Montana, to -wit: SEE; E=BIT "A" ATBkCHED HEFtETO AND MADE A PART HEM70 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , as joint tenants with right of survivorship (and not as tenants in common) and to the heirs and assigns of the survivor of said named joint tenants forever. And the said Grantor do hereby covenant to and with the said Grantees , that t he ythe owner in fee simple of said premises; that they are free from all incumbrances and that they will warrant and defend the same from all lawful claims whatsoever. -%Q T_" STATE OF MONTANA. COUNTY OF FT.ATHEAD On thn Z i Z� day of JUne . 19 91. before me. a..nos4rV6 pubhc in and for said State, personally aPPga$e2irr` Q'�t 421 JOHNSON and JOHNSON k n mid one ♦�o,t?e,t S whose name s are su5scri5ed to the wttlkn lnsirtyment, and acknowledged to me tka't `� 10 •n executed the same. Notary Pubfrc e N RestdmQ at Montana Comm E apues TE OF MONTANA• COUNTY OF t he>e1fice. s mstrumem was filed for rec at the re If past o'clock m.. h,s<day`9 ly r k of De By Fees S Mail to: Ex•Offfcio Recorder Z z C 3 Z Z O 9ii82 //NZ/ EXHIBIT A A tract of land situated, lying and being in the SW}NW} of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at the North 1/16 Corner common to Sections 7 and 8; thence South 88059'56" East, 145.55 feet; thence South 00*48131" West 571.35 feet to a point on the Northerly R/W of California Street; thence South 76'49'03" West along said R/W, 100.63 feet to a point; thence North 12'29'33" West, 90.79 feet; thence North 25'38'53" West, 60.65 feet to a point on the line common to Section 7 and 8; thence North 00'4831" East along said Section line, 453.52 feet to the Point of Beginning. SUBJECT TO The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with Certificate of Survey No. 7945, records of Flathead County, Montana. Return S Taxes: Edgar A. & Margaret L. White 135 Birch Drive Whitefish, MT. 59937 Y a/S STATE OF MONTANA, ss County of Flathead Recorded at the request of this day .of 199L_ at /J:VZ o'clock,,JM and recorded in the records of Flathead unty, State of Montana. y� Fee $ at. CT -0 —Pd. _ _ /�L. Z,! RECEPTION NO. 9118211Y21 � � RETURN TO uty .. 4 LEGAL DESCRIPTION IRACT : including Parcel --A-) A tract of land, situate, lying and being in the S1N' NW of Section 8, T6vnship 2-8 North, Range 21 hest, P.M.M. Flat- . head County Montana, and more particularly described as }� follows: & Beginning at the North 1/16 Corner common to Sections 7 and tS LEC --• ` 8: thence S H* 59' 56" E, 145.55 feet: thence S 000 4 8 ' 3 1 " G, 571.35 feet to a point on the northerly- R/G y ® S,E of California Street: thence 8 760 49' 03- W along said R/W. r,'` (11j4 100.65 feet to a point: thence N 12° 29' 33" t;, 90.79 feet: thence N 25' 38' 53" V, 60.65 feet to a point on the line _ jcommon to Sections 7 and 8: thence N 000 48' 31" E along, said Section line, 453.52 feet to the point of beginning and con- 6 I taining 1.871 acres of land. v: • FO TRACT 2 A tract of land, situate, lying and being in the 5E= NE' of e O SE i Section 7 and the SWI NWk of -Section 8, Township 28 North, ST Range 21 West, P.M.M., Flathead Countx, Montana, and more particularly described as follows: j Commencing at t-he North 1/16 Corner common to Sections 7 and 8: thence S 00* 48' 31"1./. along said Section line, CERTIFICAT . Z 453.52'feet to -the true point of beginning of the tract bein;'. described: thence S 76' 49' 03" k, 87.37 feet: thence 10' 57" E, 150.00 feet the R/W 13' to a point on northerIv Z of California Street; thence N 76° 49' 03" E along said R/ti, ;REGISTRAT, 99.37 feet to a point: thence N_12' 29' 33" W, 90.79 feet: thence N 25° 38.' 53" W, 60.65 feet to the of beginning point APPR VED•1 and containing 0.336 acres of land. i EXAMININ S, I STATE 0 MOI I� COUNTY OF FILED THV ' t ,.. 1 %0'Clot C ERK AND E 0� DT INSTRUI SHEEI f:... . CERTIRI.CATE OF Y' "t'1 rn pA .. oN X D D C r r— z fn --I "a rn m < 0 �I -� rn 1� 0 Z o -n O• Q' 0 8 e r � c� f*1 o m M o f _n r. o 0 cn -4 m 0 rn A rn z m 0 -i z n T N 1C� Z T _ -4 c m 9 ? m n rn ( n c) 0 . ` ADJUSTMENT PARCEL LEGAL DESCRIPTION PARCEL A .` ] of land' oicuate. lying and being 1r of Section 8, Township 28 North' 8 ' 1.M. Flathead County' Hontana. and"I 3c\» described as follovs: � � at the Southwest Corner uf Tracc7l )45. thence l]" lO' 57^ K. 96.42,l 35" ]U ll^ g. 57.92 f i e t ; chence'� 53^ E. 60'65 feet ; thence 33^ E. 90.79 feet to a point on-*�� R/W of California Street: thence`� 03^ C along said 8/V` 18.00 [eet.'t of beginning and containing 0.027 Eli: ����-N--r Em 0 � ~° rn � ) ' �i ,. � TRACT � � act 1/4 1/4 yap • ••t+ Eaat 2626.>fS' (wtrpvtre Eftl 2630.10 IIOar f sour • O y0 O J K t A \N N n e 1 ?' N s- _o 00 Z z if is 1 } M f a •1 :31.�� 1 ' yl 2 .�, t• y ls� ...� �• t._ ', ate.,-�;1"� a " �tt.:� 'i � •.� y y s 1 I •�>�� tl 1 s .IS a t O 30.11, IL 0 00`4 } �� 1 C • 0y0 l0.ia. '� 1 !0•• 'S 0,20 .a1 3'A •••_ a � {V• p .t '•, '`�yo- ` p, f of • !, ?-� soy ,�' l o y�..• ! 2 at 5 is t f •I 11, "�il�y�10 �it IL r— t 9 0 y • ( i r' it i Z • u00 •bZRt _� j/ • 11 • ,�Hr/ fl a0 o TRACT i J n u W h b y W) ,� o 0 .� 0 SCALE : I"= 100l o 9 � h 100 50 0 100 200 Z C5Lr-�� 014 8av-njaR TR-7D � '.Z) O. 2>C A,4f '' 00 =d1_cj off, I s{P..L` SoS�j " i 0 C K S Q t0 T G Dw v ct o • rn e CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of - A.., A IM, by and between Ric ,R 8n1 AR6�lR�?-L . lyHtTc' hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDER(S), OR CONTRACT SELLERS(S) ] and the CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly descrbed on Exhibit "A" attached two and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the E�j`f-r�t� �- Fire District under the provisions of Section 7-33-2127, Montana Cote Annotated, and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that - upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. I The PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described real property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and j affixed our seals this �`t' day of , 1999. CITY OF KALISPELL CityManager I1 ATTEST: rnance Dliector STATE OF MONTANA ss County of Flathead On this day of , 199 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires STATE OF MONTANA ss County of Flathead ) On this day of 199 , before me, the undersigned, a Notary Public for the State of Montana personally appeared and the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. i Notary Public, State of Montana Residing at My Commission expires STATE OF MONTANA ) ss County of Flathead ) On this day of 199 , before me, a Notary Public in and for the State of Montana, personally appeared CLARENCE W. KREPPS and AMY H. ROERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein setforth, and that they were duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seat, the day and year first above written. KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING FEBRUARY 10, 1998 Master Plan Work There was a work session scheduled at 6:30 p.m. to discuss the master Session plan update. Steve Kountz, Senior Planner, gave an overview of the progress, for the new members. The process began about one year ago, and is projected to be available for public review and comment by this fall. CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning AND ROLL CALL Board and Zoning Commission was called to order at 7:00 p.m. by Vice - Chair Carlson. Board members present were Milt Carlson, Walter Bahr, Joe Brenneman, Jean Johnson, and Greg Stevens. Don Garberg and Rob Hemecke were recently appointed by City Council and were welcomed on the Board. Therese Hash was absent (excused). The Flathead Regional Development Office was represented by Narda Wilson, Senior Planner. There were approximately 20 people in the audience. Election of Member Next item of business was election of the member -at -large. Letters of at Large interest were received from John Parsons, Don Hines, and Sydnee Hill. All were present and introduced themselves. By written ballot, Don Hines received the majority votes. His appointment must be confirmed by both the City Council and County Commissioners. APPROVAL OF The minutes of the meeting of January 13, 1998 were approved as MINUTES written on a motion by Johnson, second by Bahr. THOMPSON, The first public hearing was introduced on a request by Glen and Mildred NOBLE 8t Thompson, Cecil and Isabel Noble and Catherine McKinley on behalf of McKINLEY ZONE themselves and property owners in the area to rezone several parcels CHANGE FROM from R 3, a Residential zoning district, and RA-1, a Low Density R-3 and RA-1 TO Residential Apartment zoning district, to RA 3, Residential RA-3 Apartment/Office zoning district on the east side of North Meridian Road Don Garberg declared a conflict of interest on this matter and ' stepped down from the Board StaffReport Wilson presented an overview of report #KZC-98-1. The necessary Kalispell City -County Planning Board Minutes of Meeting of February 10, 1998 Page Iof o criteria for a zone change was evaluated, and the recommendation was to grant the zone change from R-3 and RA-1 to RA-3. This conforms with the North Meridian Neighborhood Plan which is part of the Kalispell Master Plan. Questions Johnson asked if the adjacent property owner of Tract 6B had been invited to be included in the zone change? He represented that property owner on a zone change request about 2 years ago, and it was turned down Wilson responded that he had been contacted as an adjacent propoerty owner, however did not hear from him to include that property in the Board's recommendation for a zone change. Carlson noted that all the applications requested R-5. Was that to keep it as office uses? Wilson replied that was correct, and she had discussed staff s recommendation with the applicants, and they agreed. The RA-3 allows more uses, because it allows apartments. Public Hearing The public baring was opened to proponents of the zone change. In Favor Jeffrey Heider, 232 South Meridian, spoke in favor of the zone change. I have an interest m purchasing property from the Nobles. I am a psychologist and my wife is a speech and language therapist, and we would like to purchase that property for an office. No one else spoke in favor. The public hearing was opened to those opposed to the proposed zone change. Opposition Geri Ann Robbins, West Arizona St., lives adjacent to the Merdian Pointe apartments. In previous testimonies, protests of more than 120 people haven't gone anywhere. I ask, beg and plead of the Commission, that if and when you do approve this, that you absolutely DO NOT allow a through street from Meridian to Highway 93 using West Arizona. It is such a horde intersection- — P Avenue WN, T-intersecting with West Arizona It is a blind corner, many people disregard 'it, there are many accidents. On behalf of all the people who cannot be here, I strongly request that a through street not be allowed I again, have concerns about this zone change to RA 3. The Meridian Kalispell City -County Planning Bbard Munn of Meeting of Februa y 10,1998 Page WS' Pointe apartment requirements were never completed. There was supposed to be a fence with a landscaped buffer zone, and it is still not done. We have neighbors whose fences are repeatedly ripped down, there are repeat problems with vandalism from residents in the apartment complex. On the north side, there is still barbed wire. Again, feeling that our input will be defeated, I would ask that the requirements for fencing and landscaping be done so there isn't additional traffic from the businesses and apartments that would be generated. These issues with Meridian Pointe have never been resolved, repeatedly promised, but never have been. Obviously, the neighbors are concerned that the pattern will repeat itself and request that things be addressed and completed; as promised. Colleen Berger, 622 West Arizona, had concern with parking and access at the house on North Meridian adjacent to their house. We have a lot of turn around traffic on West Arizona, which creates problems with garbage pick-up, snow removal and the driveways. My other concern is that if apartments are a part of this plan, Russell School is already overcrowded. There is no room to expand, and I do not want to see my kids bussed to another school. Brenda Hamblin, 614 West Arizona, was opposed to the zone change for apartments because of increased traffic, she had concerns about safety for Idds walking to school, the overcrowding of the schools where the kids are already being bussed elsewhere, and how this would affect our property values. She urged the Board to consider our concerns. Mike Stevenson, 610 West Arizona, also had concerns about making West Arizona a through street. There is a large amount of traffic on Arizona that is turn around. We have two boys who play in the street, since we do not have sidewalks. One of my boys goes to Russell School, the other one can't get in because the school is full, so he is bussed across town. You put more apartment complexes in there, what will happen with those kids? There being no others in opposition, the public hearing was closed and turned to Board deliberation. Board Discussion Narda addressed some of the issues that came up during the public hearing. The major concern was the extension of West Arizona. The zone change does not propose the extension of West Arizona. That is an Kalispefl City -County Planning Board Mutates of Meeting of February 10,1998 Page 3of 8 entirety different process. It could happen regardless of the zoning designation. Apartments in this use district are a conditional use and would require a public hearing. Any office uses would be required to meet the packing and budding standards for the City. To address the concerns about the additional apartments going in and the impacts to the school, an alternative zoning designation would be the R 5 that basically allows the same uses, except for apartments. The Board was familiar with the ' problems with Meridian Pointe apartments, and asked about the the C ty's responsibility to enforce the conditions for fencing. Wilson replied that the Zoning Administrator would be the appropriate follow through. Ms. Robbins said she has spoken with Diana Harrison on nurnerous occasions, but will complain once more about the situation. Carlson noted that this Board has been living with the burden of Meridian Pointe for five years and the problems that have occurred, and I would hope that pressure on the Kalispell budding Department would help alleviate that and get them to do what they said they were going to do. The neighbors have come in the past to talk about it. It is something we cannot do in a zone change, but the issues can be alleviated by having professional offices. We could direct fixture boards to allow only single family residences or professional offices. The uses in the two zoning districts -- RA-3 and "R-5 — were compared and discussed. Narda pointed out that the North Meridian Neighborhood Plan designates this area for high density apartment and was part of the Planning process. So, if this is an area the Board does not feel is appropriately designated, that needs to be addressed in the master plan update. Staffis opinion was that RA-3-more closely complied with the neighborhood plan, than R-5. However, R 5 does allow duplexes and a mix of uses, so would also comply. She did not anticipate apartments going in, because the applicants propose office uses. Brenneman asked about the potential impact from apartment development on the property. Over 5001* is already zoned RA 1. He had concern that several years from now, when tyre is a new Board, if it is Kalispell City -County Planning Board Minutes ofMeeting ofFebcvary 10, tM Page 4of 8 zoned RA-3, which allows apartment complexes, the intent to keep it as professional offices is lost. I do not get the sense from the neighbors or the staff that this is an area that we want high density residential. Other Board members agreed that R 5 was a preferable recommendation. There was discussion on the traffic situation in that neighborhood, which is an ongoing problem Motion Bahr moved to adopt report #KZC-98-1 as findings of fact, and recommend that City Council grant a zone change on the subject properties from R-3 and RA-1 to R-S. Johnson seconded. Discussion on Motion It was felt that the R-5 designation meets the needs of the petitioners, as well as addresses the concerns of the neighbors. Stevens felt uncomfortable about changing the recommendation without consulting with the applicants. Brenneman agreed with Stevens, but pointed out that on all- three petitions, the applicants asked for R 5. RoltCall'Vote On a rott call vote Bahr, Brenneman, Carlson, Johnson, Heineke and Stevens voted in favor of recommending a zone change from R 3 and RA 1 to R-5 as requested by the applicants. The motion carried 6-0. Garberg returned to the Board. WHITE ZONE The next public hearing was introduced on a request by Edgar and CHANGE UPON Margaret White for annexation into the city of Kalispell and initial zoning ANNEXATION f of R 3-, a residential zoning district. The property proposed for FROM COUNTY annexation is located on the north side of California Strut between R- I TO CITY R-3 Fourth Avenue EN and Fifth Avenue EN, and can be descnW as Assessor's Tract 24A+, Section 8, T28N, R21W, P.MM, Flathead County. It is currently zoned County R I, Suburban Residential, which requires a minimum lot size of one acre. Staff Report Wilson gave a presentation of report #KA-98-1, and recommended the property be zoned R 3 upon annexation into the City. She pointed out the little parcet of tend (Tract 24, which is part of Tract 7D in Section 7) located in the southwest corner was included in the Kalispell City -County Planning Board Minutes of Meeting of Febr ry 10, 1998 Page Sof8 annexation request, by permission of the property owners. Public Hearing The public hearing was opened to those in favor. Edgar White, the applicant, was in favor of the zoo, so that they can build a home on the property and hook up to city services. No one else spoke either in favor or against. The public hearing was closed and opened to Board discussion Board Discussion Bahr asked if the entire parcel was to be annexed, or just the building site? Narda noted for the Board's information, that the City is interested in acquiring a portion of the White's property to incorporate into Lawrence Park. Part of the site is very steep and drops into the slough. Motion Bahr moved to adopt findings of fact in report #KA-98-1, and forward a recommendation to City Council that the property be zoned R-3 upon annexation into the city. Brenneman seconded. On a roll cell vote Bahr, Stevens, Heineke, Carlson, Johnson, Garberg, and Brenneman voted aye. The motion carried 7-0. JUNGE The next public hearing was introduced on a request by Peggy and CONDITIONAL Charles Junge for a conditional use permit to allow a community USE PERMIT / residential facility for six seniors, who do not require skilled nursing cars, COMMUNITY in an existing residence in a RA-Z High Density Residential Apartment, RESIDENTIAL zoning district which lists community residential facilities as a FACII.ITT conditionally permitted use. The property address is 230 Fourth Avenue West, Kalispell. StaffReport Wilson gave a detailed presentation of report #KCU 99-2. The application was reviewed in accordance with all the necessary criteria and staff recommended the conditional use permit be granted subject to five (5) conditions. Public Hearing The public hearing was opened to those in favor. In Favor Peggy Junge, spoke in favor. Her and her husband selected this house after looking at many, because of the size of the home and the neighborhood. It was repossessed by the bank which is why it is in the condition it is in. We have started to address the problems of neglect and have no problem with any of the conditions. Kalispell City -County Planning Board Mirmtes of Meeting of Febrtiary 10,1996 Page 6ofit No one else spoke either in favor or in opposition to the proposal. The public hearing was closed and it was opened to Board discussion. Board Discussion There was discussion on the parking requirements. Mr. Amp explained their parking plan. The Board had no other concerns with the proposal. Motion Brenneman moved to adopt staff report # CCU-MZ as findings of fact and forward a favorable recommendation to City Council to gram the conditional use permit to allow the operation of Harmony House subject to the five conditions. Bahr seconded. On a roll call vote, the motion carried 7-0 in favor. ARMSTRONG The next public hearing was introduced on a request by David Armstrong CONDITIONAL, for a conditional use permit to allow the conversion of the First Avenue USE PERMIT I West restaurant and bar, to a casino, to be known as First Avenue Cam CASINO in a B-4 zoning district, the Central Business District, which lists casinos as a conditionally permitted use. The property address is 127 First Avenue West, Kalispell. Staff Report Wilson gave a detailed presentation of report #KCU-98-1. After evaluation of the application, staff recommended four conditions of approval upon granting the conditional use permit. Public Hearing The public hearing was opened to proponents of the proposal. In Favor Dave Armstrong, 2390 Dillon Road, Whitefish, the applicant, stated that over the last four years, 1` Avenue West Restaurant has operated in the red, partly due to the cost of a liquor license because of gaming. The only way we feel that we can afford to do this project is to have the 20 gaming machines. We will- preserve the integrity of the building, both inside and outside. There won't be a lot of lights, just a strip of neon around the top of the building. The restaurant will serve nice meals. Brian Godimus, 127 Waverly Place, Whitefish, director of operations, said we want to make it a fun establishment that will be a nice addition to the Kalispell business community. Kim Larsen, the architect on this project, explained ' the minor changes they plan. No one else spoke either in favor or in opposition. The public hearing was closed, and opened it to Board discussion. Kalispell City -County Planning Board Minutes of Meeting of Febn ary 10, 1998 Page Tof 8 Board Discussion There was discussion on the signage and parking. No comments were received from any of the adjacent property owners. Motion Bahr moved to adopt report WCU 98-1 as findings of fact and recommend the City Council grant the conditional use permit to allow a casino in the B-4 district, subject to the four conditions. Johnson seconded. On a roll call vote Johnson, Hesneke, Brennan, Stevens, Bahr, Carlson, and Garberg voted aye. NEW BUSINESS Wilson gave an update on the progress made on rewriting the Kalispell Zoning Ordinance. She proposed putting several chapters that have been fine-tuned under new business for Board review, discussion and revision, for subsequent public hearing. An orientation meeting for the new Planning Board members was suggested. Carlson shared information on a Land Use Conference in Deaver on March 12-13 sponsored by the University of Denver's School of Law and Rocky Mountain Land Use Institute. OLD BUSINESS Under old business was consideration of rezoning in the Foys Lake area Wilson reviewed her memo to the Board The Board discussed the proposal as part of the master plan update. The master plan study committees are in need of volunteers. Greg Stevens and Don Hines (member at large) volunteered to be on the Neighborhoods and Environment committee. Don Garberg and Rob Heineke volunteered to be on the Business and Development committee. ADJOURNMENT The meeting was adjourned at 9:27 p.m. Milton L Carlson, vice -Chair Elizabeth Ontko, Recording Secretary Kalispell City -County Planning Board Miinum of Meeting of February 10,1998 Page 8of 8