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6. Ordinance 1284 - Thompson, et al Zone Change - 1st ReadingAgenda -March 2, 1998 AGENDA ITEM 6 -ORDINANCE 1284 - THOMPSON, NOBLE & McKINLEY ZONE CHANGE R-1 AND RA-1 TO RA-3 - 1ST READING BACKGROUND/CONSIDERATION: I have enclosed the backup material for this request from FRDO and the Planning Board. The ordinance that is submitted conforms to the requests and to the recommendations approved by the Planning Board. This does not adopt the staffis recommendation for an RA-3 designation. Upon review of the minutes, the reports, and recommendations, I have a concern with the Board's recommendations. My concerns are: 1. R-5 allows duplexes and offices but no apartments. 2. RA-3 allows duplexes and offices as permitted uses and apartments as conditional use. The adopted neighborhood plan's goals are more closely reflected by this type of zoning and specific control of apartment uses. 3. Meridian Point Apartments are included in the re -zoning. They are in a RA-1 zone that allows apartments as a conditional use. R-5 zoning would make these non -conforming. I believe the Council has sufficient control of apartments with the conditional use that RA-3 would allow without making non -conforming properties. 4. RA-3 controls by conditional use still protects the Russell School Complex from undesired, uncontrolled family unit growth by keeping the final approval specifically with the Council. RECOMMENDATION: RA-3 will allow the requested office complexes to be installed and at the same time continue specific approval for apartments through the Council process. RA-3 will better Agenda -March 2, 1"S conform to the neighborhood plan that has been adopted. I recommend the RA-3 designation be adopted rather than R-5 zoning. ACTION REQUIRED: The normal ordinance procedure is required. The first reading of ordinance 1284 can be completed. If R-5 is desired, there is no change needed for the ordinance. A change to RA-3 will be needed if this is the option you chose. Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 MEMORANDUM To: Clarence Krepps, City Manager From: Narda Wilson, Senior Planne�� Date: February 18, 1998 Re: Consideration of Rezoning North Meridian Road from R-3 and RA-1 to RA-3 This memo is an addendum to the transmittal letter and back-up material for the zone change request in the North Meridian Road area to RA-3. During the public hearing several property owners along West Arizona spoke in opposition to the RA-3 zoning because of concerns about the extension of West Arizona to North Meridian Road and the potential for additional apartments in the area and the impacts to Russell School. The planning board is recommending R-5 because they felt it address the neighbors concerns and meets the applicants needs. The staff is recommending RA-3 because the North Meridian Neighborhood Plan designates this area as "high density residential." The R-5 zoning allows duplexes and offices, but no apartments. The RA-3 zoning allows duplexes and offices as permitted uses and apartments as conditional uses. Our office has advocated an RA-3 zoning for the area because it more closely reflects the goals of the neighborhood plan. However, the R-5 zoning could be considered to be in reasonable compliance with the neighborhood plan designation. One issue which complicates the matter somewhat is that the Meridian Point Apartments property is included in the area proposed for rezoning. These properties are currently zoned 'RA=1, which allows apartments as a conditionally permitted use. If the R-5'zoning'was adopted it.would make these apartments non -conforming. Another issue which also complicates the matter to a degree is the fact that this area is in the Russell School district. As you know, Russell School is grossly overcrowded and is currently bussing some of their kids. Even though apartments are a conditional use, and conditional use permits are "a matter of grace, resting in the discretion of the city council and a refusal is not the denial of a right..." (27.34.090 KZO), it does raise the potential to allow additional apartments in the area which could further impact the school district. Attached to this memo are copies of the North Meridian Neighborhood Plan Map for land use and transporatation. Maybe it would be timely to reconsider the appropriateness of designating this area for apartments if the school issue overrides the need for this type of housing. In the interim, it would still seem that the RA-3 would be the most appropriate zoning'for'these properties. Please call me if I can be of assistance to you regarding this matter. LETTERS \ 1998 \THOMPASON Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 February 18, 1998 Clarence Krepps, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Phone: (406) 758-5980 Fax: (406) 758-5781 Re: Thompson, Noble and McKinley Zone Change / R-3 and RA-1 to RA-3 Dear Clarence: The Kalispell City -County Planning Board met on February 10, 1998, and held a public hearing to consider a zone change request for several properties located on the east side of North Meridian Road approximately 800 feet south of Three Mile Drive. The applicants are proposing to change the zoning from the existing R-3, Residential, and RA-1, Low Density Residential Apartment, to RA-3, Residential Apartment / Office. This would allow them greater flexibility in the types of uses which would be allowed on the property including offices and apartments. The parcels contain a total of about 11 acres. Narda Wilson of the Flathead Regional Development Office evaluated the proposal and recommended approval of the requested zone change finding that it is consistent with the North Meridian Neighborhood Plan which designates this are as High Density Residential. She noted she had discussed either an R-5, Residential / Office, zoning which allows office uses, but not apartments or the RA-3 zone allows apartment complexes with a conditional use permit. The property owners agreed that either district would meet their intent to use the property for office -type uses. At the public hearing, one person who has an interest in purchasing property for his professional office building spoke in favor of the zone change. Four neighbors living along West Arizona spoke in opposition to the zone change. They cited concerns about the extension of West Arizona to North Meridian Road, problems with traffic, overcrowding of Russell School, and vandalism associated with the potential for more apartment complexes with the RA-3 zone. The Planning Board discussed the public testimony and noted the differences in allowed and conditional uses in the RA-3 and R-5 zoning districts. They noted the applicants' intent was to allow professional offices. A motion was made to adopt staff report #KZC- 98-1 as findings of fact and forward a recommendation to approve the zone change from R-3 and RA-1 to R-5. The motion passed on a vote of six in favor and none opposed. Board member Garberg abstained due to a potential conflict of interest. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Thompson, et al Zone Change February 18, 1998 Page 2 Please place this matter on the agenda for the March 2, 1998, 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, Kalispell City -County Planning Board Milton J. arlson Vice -Chair MJC/NW/eo Attachments: FRDO Report #KZC-98-1 w/application materials Draft minutes of 2/ 10/98 Planning Board meeting c: w/o Att: Glen 8v Mildred Thompson, 1079 N Meridian, Kalispell, MT 59901 Cecil 8s Isabel Noble, 610 Patrick Creek Rd, Kalispell, MT 59901 Catherine McKinley, PO Box 9534, Kalispell, MT 59904 c: w/Att: Debbie Gifford, Kalispell City Clerk H: \... \TRANSMIT\KALISPEL\ 1998 \KZC98-1 THOMPSON, NOBLE AND MCKINLEY REQUEST FOR ZONE CHANGE FROM R-3 AND RA-1 TO RA-3 FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KZC-98-1 FEBRUARY 2, 1998 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from R-3 and RA-1 to RA-3. A public 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 Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The applicants are proposing to amend the Official Kalispell Zoning Map containing a number of properties from the existing R-3, Residential, and RA-1, Low Density Residential Apartment, to RA-3, a Residential Apartment / Office. A. Petitioner and Owners: Glen and Mildred Thompson 1079 North Meridian Road Kalispell, MT 59901 (406)752-8672 Cecil and Isabel Noble 610 Patrick Creek Road Kalispell, MT 59901 (406)755-3723 Catherine McKinley, Living Trust P.O. Box 9534 Kalispell, MT 59904 (406)752-8662 B. Location and Legal Description of Property: The properties proposed for rezoning are located on the east side of North Meridian Road approximately 800 feet south of Three Mile Drive. The parcels contain a total of approximately 11 acres and can be described as Assessor's Tracts 6BS, 6BN, 6BQA, 6BQB, 6BI, 6BIA, 6BH, 6BHA, 6BG and 6BGA in Government Lot 1 and Lots 1, 2 and 3, Block 1, Underhill Subdivision located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: As indicated on the attached vicinity map, there are several properties on the north side of the area proposed for rezoning which are currently zoned R-3, a Residential zoning district which is primarily single family and requires a minimum lot size of 7,000 square feet. The other properties within the area proposed for rezoning are zoned RA-1, a Low Density Residential Apartment zoning district which requires a minimum lot size of 6,000 square feet and allows single family and two family residences as a permitted use and multi -family residences as a conditional use. D. Nature of Request and Proposed Zoning: The property owners who applied for this zone change request pooled their resources and have undertaken the rezoning of several properties jointly to RA-3, a Residential Apartment / Office district. Upon receiving the application, the staff included several other properties within the area proposed for rezoning to provide some consistency in the zoning for the areas. Essentially three additional properties were included in the rezoning of this area. These property owners were notified by certified mail that their properties were included in the area proposed for rezoning. This rezoning will not effect the existing uses on these properties, i.e. the apartments and single family homes. A number of office type uses are allowed in the RA-3 zoning district as a permitted use in addition to the single family and duplex uses. Multi -family is listed as a conditionally permitted use. The rezoning of these properties to the RA-3 zoning district will allow the property owners greater flexibility in using their properties. E. Size: There are a number of individual parcels proposed for rezoning to RA-3 which total approximately 11 acres. These properties will generally be developed or redeveloped on an individual basis. F. Existing Land Use: There are several different uses currently located on the parcels proposed for rezoning including single family homes, a day care center, small office building and an apartment building, Meridian Point Apartment, which received a conditional use permit from the Kalispell City Council in 1992. G. Adjacent Land Uses and Zoning: North: Single family and small business, R-3 zoning East: Single family homes, R-3 zoning South: Single family homes and offices, R-4 zoning West: Single family homes and offices, R-3 and R-5 zoning H. General Land Use Character: The general land use character of this area is in transition from primarily residential uses to more office -type uses. As this area continues to evolve, it is likely that these single family homes will continue to be converted to a mix of office, commercial and residential uses. I. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Pacific Power and Light Telephone: PTI service area Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell 2 ly. Relation to zoning requirements: With regard to lot size, the properties proposed for rezoning will easily meet the minimum lot size requirement of 6,000 square feet for lots within the RA-3 zoning district. New development in the area would be required to meet the development standards for setbacks, building height, etc. Existing buildings which do not meet the setbacks for the RA-3 zoning, if there area any, would be considered non- conforming. Modifications could be made provided they comply with the existing zoning. Reaction of Nearby Property Owners A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, three phone calls in support of the proposed rezoning were received by the Flathead Regional Development. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the Master Plan? This area is within the boundaries of the North Meridian Neighborhood Plan. The neighborhood plan designates these properties as high density residential. The proposed rezoning is in compliance with this master plan map designation. 2. Is the requested zone designed to lessen congestion in the streets? The proposed rezoning has the potential to generate additional traffic as some of these properties are converted to a use which would typically have higher level of use. However, North Meridian Road is an arterial within the city where large volumes of traffic are anticipated. Additionally, North Meridian Road is scheduled for reconstruction within the next several years which will further provide for additional traffic volumes which might be generated from these properties in the future. 3. Will the requested zone secure safety from fire, panic, and other dangers? Access, fire suppression and circulation in the area are adequate to secure the area from fire, panic and other dangers which might compromise the safety of the public. Rezoning will not effect the risk and safety factors which might be associated with this property. New construction will be required to comply with the Uniform Fire Code and the applicable building codes. 3 4. Will the requested change promote the health and general welfare? Uses allowed under the proposed district are intended to provide services to residences within the immediate area at a convenient location. It appears that the zone change would promote the general health and welfare of the community by allowing a mix of uses within close proximity of each other which are compatible with the character of the area. 5. Will the requested zone provide for adequate light and air? Adequate light and air would be provided both by the density in the district, height limitation and the setback requirements for structures. Other development standards such as parking and landscaping will also contribute to future development which does unduly impact the area. 6. Will the requested zone prevent the overcrowding of land or undue concentration of people? Development of properties under the proposed RA-3 zoning would not generally lead to overcrowding since there are development standards for parking, access, landscaping, setbacks, etc. that will ensure that overcrowding does not occur. Additionally, North Meridian Road is a major arterial within an established area containing a mix of uses. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to this site such as fire protection, police protection, schools, parks and recreation and a good transportation system. Adequate services can be provided to accommodate the development or redevelopment of these lots. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? It appears that the proposed RA-3 zoning is particularly well suited for these properties since all of the existing uses comply with the zoning and allow a greater number of uses which are similar in character and nature with other established uses in the area. 9. Does the requested zone give reasonable consideration to the character of the district? The character of the area is currently distinguished by number of mixed uses including offices, day care center, single family and multi -family housing, a post office, etc. Additionally, a recent zone change granted by the city council will allow a bank in the area. The uses permitted under the proposed zoning would be In consistent and compatible with other uses in the area. The requested zone change gives adequate consideration to the suitability of the property for uses allowed in the RA-3 district. 10. Will the proposed zone conserve the value of buildings? The value of buildings in the area would generally be stabilized by this change in zoning and subsequent development since this will further establish this area as a viable mixed use area. Potential uses on these properties would be consistent and compatible with other buildings in the area which are primarily commercial, office, high density residential and single family residential. 11. Will the requested zone encourage the most appropriate use of the land throughout the jurisdiction? The neighborhood plan designates this area as high density residential. This land use designation anticipates some support type uses within a high density residential area for shopping and convenience which the RA-3 zoning supports. The zoning is used as a tool to implement the master plan thereby encouraging the most appropriate use of land throughout the planning jurisdiction. SUMMARY The proposed rezoning for this property is consistent with the North Meridian Neighborhood Plan and it can be anticipated that the uses allowed under this zoning would promote the general health and welfare of the immediate community by providing a needed service and a use which is complementary and compatible with other uses already existing and proposed for the area. RECOMMENDATION Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt FRDO staff report #KZC-98-1 as findings of fact and, based on these findings, recommend to the Kalispell City County that the requested zone change from R-3 and RA- 1 to RA-3 be granted. H: \... \KZC\98 \KZC98-1 5 FRDO Z-92 CERTIFICATION APPLICANT: GLEN & MILDRED THOMPSON, CECIL & ISABEL NOBLE, & o - FRDO FILE #: KZC-98-1 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 INCLUDED BUT NOT ON ATTACHED LIST; CECIL & ISABEL NOBLE 610 PATRICK CREEK ROAD KALISPELL MT 59901 JEFF & KATHY HEIDER 232 SOUTH MERIDIAN RD KALISPELL MT 59901 KENT SAXBY 221 FIRST AVENUE EAST KALISPELL MT 59901 KZC-98-1 GLEN & MILDRED THOMPSON, CECIL & ISABEL NOBEL & CATHERINE MCKINLEY ADJOINING LANDOWNER LIST Tract # Assessor # Owner/Address 6BA 0950100 Donna M Larson Living Trust 2257 Mission Trail, Kalispell MT 59901-2244 6BG 0914901 Kalispell Associates LP 3201 South Tamarac Dr Suite 200 Denver Co 80231 6BGA 0983482 Same as above 6BH 0914901 Same as above 6BHA 0983482 Same as above 613 0890601 Richard H & Judith Delmoe Mohrenweiser PO Box 1816 Kalispell MT 59903-1816 613I 0914901 Kalispell Associates LP 3201 South Tamarac Dr Suite 200 Denver CO 80231 6BIA 0914901 Same as above 6BQB 0973985 Darold R & Dore Schaffer 1235 Sonnys Way Hollister CA 95023 6BS 0590000 Catherine R McKinley Irrevocable Living Trust P O 9534 Kalispell MT 59901 6BSA 613K 0907450 Frederick Wallner, Richard Wallner, Kristin Little 40 Scovel Lane 6BR Kalispell MT 59901 6BSAAA 0890919 Richard H & Judith Delmoe Mohrenweiser P O Box 1816 Kalispell Mt 59901 6BSAA 0635050 Northwest Video Inc AD% Telecommunications P O Box 5630 Denver CO 80217-5630 6BV 096914 TCI Cablevision of Great Falls Inc % Kalispell Cable TV P O Box 6410 Great Falls MT 59406 6BN 6BQA 0862800 Glenn & Mildred Thompson 1079 Noth Meridian Kalispell MT 59901 5J 5N 0497550 Lewis Trust 815 W Wyoming Kalispell MT 59901-3569 5PA 5PB 0246402 Nadine D Fincher & William Howard Fincher Testamentary Turst 800 Blaine View Lane Kalispell MT 59901-7656 Lloyds Add 0272000 700 Meridian Inc Todd & Carmine Mowbray 2518 Baypoint Rd Lot 1,2,3,4 Polson MT 59860 Meridian Road 0851980 Michael P & Janelle G Haines P O Box 1255 Bigfork MT 59911-1255 Circle K L1 Underhill Sub 0061957 Albert F Lenon P O Box 1325 Kalispell MT 59901 Lot 3 Blk 1 Underhill Sub 0557925 Margaret A Marquardt 621 W Arizona Kalispell MT 59901 Lot 1 Blk 2 Lot 2 Blk 2 0454430 William Brian & Cari Jo Hugh 617 W Arizona Kalispell MT 59901 Lot 3 Blk 2 0877187 Michael D & Darlene J Parsons 613 W Arizona Kalispell MT 59901 Lot 4 Blk 2 0209025 Warren R & Cynthia M Dobler 609 W Arizona St Kalispell MT 59901 Lot 5 Blk 2 0587990 Dan L & Hazel M Riebe 605 W Arizona St Kalispell MT 59901-3547 Lot 6 Blk 2 0878225 Peggy L Templeton P O box 2244 Kalispell MT 59903-2244 Lot 1 Blk 3 0970529 Gregory C & Colleen K Berger 622 W Arizona Kalispell MT 59901 Lot 2 Blk 3 0970386 G Dennis & Loralee Jayne Hadley 618 W Arizona Kalispell MT 59901 Lot 3 Blk 3 0205226 Brenda S & Stephen M Hamblin 614 W Arizona St Kalispell MT 59901 Lot 4 Blk 3 0972766 Michael L & Betty A Stevenson 610 W Arizona Kalispell MT 59901 Lot 5 Blk 3 0972642 J Dean Hadley & Allison M Hadley 606 W Arizona Kalispell MT 59901-3548 Lot 6 Blk 3 0970945 Alan J & Cvnthia L West 602 W Arizona Kalispell MT 59901-3548 Lot 7 Blk 3 0710005 Derek & Stacy De Shaw 540 W Arizona Kalispell MT 59901-3546 Underhill Sub 2 Parcels C & D E000184 City of Kalispell P O Box 1997 Kalispell MT 59901-1997 Lot 1 0656620 Fredrick H & Kathy A Frank 632 Underhill Court Kalispell MT 59901-3560 Lot 4 0034225 Eva M Bair 533 W Airzona Kalispell MT 59901-3574 Lot 5 0734815 Gerianne Robbins P O Box 2225 Kalispell MT 59903-2225 Lot 6 0329125 Joan M Latimer 635 Underhill Court Kalispell 59901-3583 Lot 7 0203270 Nancy L Fenner Trust 633 Underhill Court Kalispell MT 59901-3583 Lot 8 except D 0203271 Howard V Doran 631 Underhill Court Kalispell MT 59901-3583 12-28-22 Marsh Manor 0558850 Marsh Family Trust 954 N Meridian Kalispell MT 59901 Add Lot 1 Lot 2 0558850 Same As above Montana S003550 Montana Power Co AD % Tax & Ins Dept Attn: Jerrold Pederson 40 Power Add E Broadway Butte MT 59701 Tr 5BB 0115251 Donald H & Bonnie R Buckallew 896 N Meridian Kalispell MT 59901 Tr 5BBA 0558900 Marsh Family Trust 954 N Meridian Kalispell MT 59901 Adams Add 0980234 Michael L & Nancy Jo Knaff P O Box 318 Lakeside MT 59922-0318 Amd Ll Blk 1 Lot IA Lot 1B 0954100 Douglas E Wood 107 Rainbow Dr Kalispell MT 59901 Adams Add Lot 2 Blk 1 0710150 Robert M & Theo Mae Putman P O Box 7366 Kalispell MT 59901 Lot 3 Blk 1 0710100 Same as above Lot 4 Blk 1 0596490 Dana J & Krista Diebert 1070 N Meridian Rd Kalispell MT 59901 Lot 5 Blk 1 0214660 Michael T Stracener & Mark G Weidhas P O Box 7067 Kalispell Mt 59901 Lot 6 Blk 1 0214661 Same as above Lot 7 Blk 1 0214662 Same as above Lot 9 Blk 1 0214660 Same as above Lot 10 Blk 1 0510240 Richard A & Jane Watts 215 Rosewood Kalispell MT 59901 Lot 11 Blk 1 0710102 Leo W & Melinda Y Hovey 221 Rosewood Dr Kalispell MT 59901 Lot 12 Blk 1 0710103 Sandra L Roke 225 Rosewood Dr Kalispell MT 59901 Lot 13 Blk 1 0760670 Joseph R & Beverly A Sankovic 233 Rosewood Dr Kalispell MT 59901 Lot 14 Blk 1 0278585 Namon J Nichols 717 Panchita Way Los Altos CA 94022-1518 Lot 3 Blk 7 0828000 Sherry M Spek 110 Liberty St Kalispell MT 59901 Lot 4 Blk 7 0674376 Dalyce F Stenswick P 0 Box 9734 Kalispell MT 59901 NOTICE OF PUBLIC BEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, February 10, 1998, beginning at 7:00 PM in the City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly scheduled meeting, the Board will hold public hearings to consider the following agenda items and make a recommendation to the Kalispell City Council who will take final action: A request by David Armstrong for a conditional use permit to allow the conversion of a restaurant and bar, First Avenue West, to a casino to be known as First Avenue Casino. The facility will maintain the restaurant and bar, but will be adding a casino area near the rear of the building. The property is located 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. The property can be described as Lots 15 and 16, Block 46, Kalispell Original located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Peggy and Charles Junge for a conditional use permit to allow a community residential facility for seniors in an existing residence. The home will provide 24 hour non -skilled care to a maximum of six residents and will be licensed by the State of Montana Public Health Department. The facility will have three full time, live-in caregivers. The property is located in a RA-2, High Density Residential Apartment, zoning district which lists community residential facilities as a conditionally permitted use. The property address is 230 Fourth Avenue West, Kalispell. The property can be described as Lot 4, Block 51, Kalispell Original located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Glen and Mildred Thompson, Cecil and Isabel Noble and Catherine McKinley on behalf of themselves and property owners in the area to rezone several parcels from R-3, a Residential zoning district, and RA-1, a Low Density Residential Apartment zoning district, to RA-3, Residential Apartment/ Office zoning district. The area proposed for rezoning is on the east side of North Meridian Road and south of Three Mile Drive approximately 800 feet. The combined parcels contain approximately 11 acres and include several residences, a day care center and apartment complex. The properties proposed for rezoning include Assessor's Tracts 6BS, 6BN, 6BQA, 6BQB, 6BI, 6BIA, 6BH, 6BHA, 613G, 6BGA in Government Lot 1 and Lots 1, 2 and 3, Block 1, Underhill Subdivision located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Edgar and Margaret White for annexation into the city of Kalispell and initial zoning of R-3, a Residential zoning district. The property is currently located in the County zoning jurisdiction and is zoned R-1, a Suburban Residential zoning district. The property is located on the north side of California Street and west of Whitefish Stage Road approximately one quarter mile. The property contains approximately 1.87 acres and can be described as Assessor's Tract 24A located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, (406)758-5980, 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 Narda Wilson of the Flathead Regional Development Office at the above address prior to the date of the hearing. 4 Thomas R. Jent Planning Direct r PUBLISH: Legal Notices Daily InterLake Sunday, January 25, 1998 BILL: Flathead Regional Development Office 723 Fifth Avenue East, Room 414 Kalispell MT 59901 Note: This office is acting as an agency of the City of Kalispell and should be billed at the City's contract rate. H: \FRDO\LEGALS\KA\98\KPB2-98.DIL 14 6EG 5A 15 0"2 AM. 23 24 22 -1A 1. 10 PROMSSOK 16 NO-10 AM riotBm 21 20 ww 9 7 CERTER 6m MO PLAT ofJL-kD Dawmix ?o sw 3 k 4 PAW 3A DWi 1�p 5A8 AQD 1 18 17 5AE 5AGA 20 PARK 19 9 12 ....... ...... 96 R:4 4 GOL 1 11 10 COUF ....................... ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...................... . . . . . . . . .................. ADC WA ADD j is #a 1 2 3 1 10 fill u: vww .......... 2 erqr APARTLRNM 1 3 . .......... . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UP LOT FLAT 5R 5 5L FAIRGROU DS 5D 5M 5E)A AMM SKA 85 X1 p— I FAIRGROUNDS ADDITION LOT 3 VICINITYMAP THOMPSON, NOBLE, & McKINLEY ZONE CHANGE REQUEST FROM R-3, SINGLE FAMILY RESIDENTIAL, & LOW DENSITY RESIDENTIAL APARTMENT TO RA-3, RESIDENTIAL APARTMENT/OFFICE KALISPELL ZONING DISTRICT PLOT DATE: 01/22/98 FILE # KZC-98-1 SCALE 1' = 600' H:\gis\site\KZC98—I.dwg RA-3 Residential Apartment/Office - Page 39 CHAPTER 27.11 RA-3 RESIDENTIAL APARTMENT/OFFICE Sections: 27.11.010 Intent 27.11.020 Permitted Uses 27.11.030 Uses Which May Be Permitted By Conditional Use Permit 27.11.040 Property Development Standards 27.11.010: Intent. A residential apartment -office district to provide areas for professional, governmental, and private offices, banks, and similar institutions, cultural and governmental facilities and limited business at locations where they are compatible with residential apartment uses and where it is not deemed desirable to permit a more intensive business activity of a retail nature. This district serves as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the Central Business District. 27.11.020: Permitted Uses. M. Artist studio with incidental sales. (2). Bed and breakfast. (3). Boarding house. (4). Chemical dependency/substance abuse clinic (outpatient only). (5). Church/worship/parish/Sunday school buildings. (6). Clinics, medical and dental. (7). Counseling center for the physically and mentally disabled. (8). Day care (family or group day-care homes). (9). Dwelling, duplex. (10). Dwelling, single family. (11). Office, professional or governmental. (12). Parks. (13). Pharmacy. (14). Title company. 27.11.030: Uses Which May Be Permitted By Conditional Use Permit. M. Community center/gym/swim pools -operated by public/quasi-public. Page 40 - Kalispell Zoning Ordinance Community residential facility for eight (8) or fewer persons. Community residential facility for more than eight (8) persons. Day care center. Drive-in banking facility. Dwelling, multi -family. Dwellings, cluster development. Electrical distribution station. Foster or group homes serving eight (8) or fewer persons. Foster or group homes serving more than eight (8) persons. Libraries, museums, and similar cultural facilities. Office, operated as a home occupation/no public contact. Personal care facility. Recreational area, non-commercial. Schools, public or private, grades 1-12. Shelters. Temporary building/structure. 27.11.040: Property Developmeii.t Standards. (1). Minimum Lot Area: 7000 sf plus 1500 sf for each additional unit beyond a duplex. (2). Minimum Lot Width (FT): 70 (3). Minimum Yards (FT): Front Yard - 20 Side Yard - 10 except a 20 foot setback shall be required when the building height is 35 feet. Rear Yard - 20 Side Corner - 20 (4). Maximum Building Height (FT): 35 (5). Permitted Lot Coverage (%): 50 (6). Off -Street Parking: Refer to Sections 27.26 and 27.27 (7). Maximum Fence Heights (FT): As per 27.22.090. Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 ' �COM 'JAN 131998 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL IBLATHEAD REGIONAL OXvjiL0FM1EHT OFFICd 1. NAME OF APPLICANT: G k C V J9 . 9 a fJ N i/ d tr-d D: 7 ho ?-,-2 o 2. MAIL ADDRESS: /D % q NoP Ie r i d 1 a k) Cici, 3. CITY/STATE/ZIP:ffA L) S �,? If 11 MT 5g901 PHONE: 752 - �,6 72 4. INTEREST IN PROPERTY: CI Lj-1 l\l F_ k' 'S' 5. ZONING MAP AMENDMENT:___ V ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: / d 7 / IV/ rlh M(f r t cf (can l?o ao B. Legal Description: :a 6 &A� � </,& g n 1 1"y L (Lot and Block of Subdivision; Tract #) /-a�-a/ (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: f 3 D. The proposed zoning of the above property is: 6-5 E. State the changed or changing conditions that make the proposed amendment necessary: 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe access —�- T i 4 u n. C. Promoting safety from fire, panic and other dangers h S J1��: S z©1V L1,10 u /cy D. Promoting the public interest, health,,comfort, convenience, safety and general welfare /V0 E. Preventing the overcrowding of lands F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities H. Giving reasonable consideration to the character of the district Nown- I. Giving consideration to the peculiar suitability 6f the property for particular uses J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during approval process. (Applicant) y� (Date) 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: Basefee........................................................................$400.00 For first 80 acres of area of the request.................Add $5/acre For requests for 81 - 160 acres.............................Add $3/acre For requests covering 161 acres or more...............Add $1 / acre Amendment to Zoning Text......................................................$300.00 PUD Zoning Review: Residential....................................................................$400.00 Commercial...................................................................$500.00 MixedUse.....................................................................$650.00 D. The application must be accepted as complete by the FRDO staff thirty (30) days prior to the date of the meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: 1. Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 2. A map showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title report of the subject property. 4 Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 IJAN 13 1998 PETITION FOR ZONING AMENDMENT CITY OF KALISPELLG��t 1. NAME OF APPLICANT: C-4 - L 2. MAIL ADDRESS: �� P.d 1 C-4 1204-c' ) 3. CITY/STATE/ZIP: MT, �40 PHONE: AtXV`-7EO—" 4. INTEREST IN PROPERTY: W1 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: A. Address of the property: q�� �45- KjmF�'i..- iiD# � B. Legal Description: UtilCI�-:04iiJ_ `�.) `+�.1'F i ) l--OTI�1, I /n,-r ,o 2- (Lot and Block of Subdivision; Tract #) GAL i 7- 28-3-21 (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: D. The proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe access K10 ego" � C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfareC--- �11.:�C:J�• T T E. Preventing the overcrowding of land _ r F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities 2 H. Giving reasonable consideration to the character of the district "C ) C f 4C- VII cam' I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth ' 1 -- g°t7 U` `�/s -i t- S The signing of t the roperty for (A licant) v. application signifies approval for F.R.D.O. staff to be present on die monito ng and inspection during approval process. 1/1-2� T (Date) 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: Basefee........................................................................$400.00 For first 80 acres of area of the request.................Add $5/acre For requests for 81 - 160 acres.............................Add $3/acre For requests covering 161 acres or more...............Add $1 / acre Amendment to Zoning Text......................................................$300.00 PUD Zoning Review: Residential....................................................................$400.00 Commercial...................................................................$500.00 MixedUse.....................................................................$650.00 D. The application must be accepted as complete by the FRDO staff thirty (30) days prior to the date of the meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: 1. Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 2. A map showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title report of the subject property. M Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, MT 59901 jj�� ((++CC Phone: (406)758-5980 Fax: (406)758-5781 REC.CI Y�/ Ef" JAN 1 3 1998 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 'AfHEAD RfzGi0 yA` -'IVVELOPMNNT OEsP�frT 1. NAME OF APPLICANT: 2. 'MAIL ADDRESS: 3. CITY/STATE/ZIP: A1�% /l'iT �9ga� PHONE: 7,19 —846Z 4. INTEREST IN PROPERTY: ©c1;Nk/2 ^,Ij_ 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: 1-- A. Address of the property: /VS 0 12;yxw) B. Legal Description: (Lot and Block of Subdivision; Tract #) �ff(,,so7 7-C V,gROrl1,oyoic2jold T-,e i R-c; ---r-A-) 1_/ (Section, Township, Range) (Attach sheet formetesand bounds) C. The present zoning of the above property is: _ ,1 D. The proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe access � c C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare A20 / !P�sJ¢�/!/ _ i 1 T'G��tJC�IT� �_�Yl�.�_ �c�b i2 F Preventing the overcrowding of land i5� ZAAvftsb F. Avoiding undue concentration. of population G. Facilitating the adequate provision of transportation, water, sewage, schools, r parks and other public facilities IPA H. Giving reasonable consideration to the character of the district I. Giving consideration to the peculiar suitability of the property for particular uses 273-,A- G�orX.11 �t - J .E /1,4e� a f //20016�- J. Protecting and conserving the value of buildings AI-Iz Zt K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during approval process. (Applicant) (lute) G 3 APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS: A. Pre -Application Meeting: A discussion with the Planning Directgr. or designated member of staff must precede filing of this application. Among topics to be discussed are:' Master Plan compatibility with the application, compatibility of proposed zone change with surrounding 'zoning classifications, and the application procedure. B. ' Completed application form: C. Application fee per schedule, made payable to the Flathead Regional Development Office. Fee Schedule Zone Change: Basefee........................................................................$4 00 00 For first 80 acres of area of the request.................Add $5/acre For requests for 81 - 160 acres ..............:.............Add $3/acre For requests covering 161 acres or more ............... Add $1 / acre Amendment to Zoning Text......................................................$300.00 PUD Zoning Review: Residential................ 4................................ :........................ $400.00 Commercial—., ...... ................................................ ... $500.00 Mixed Use ................................. ..$650.00 D. Ti,e application. must be accepted as coin lete by the_F'RD_O staff thirty_L3tQt_ des prior to the date of the meeting at which it will be heardd, in order that requirements of state statutes and the zoning reguia_ions ,.ay be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: Petition for zone change signed by at least 50% of e- property- owners in the area for which the change in zoning class-.Fication is sought. 2 A map showing the location and bounda;.-ies of the properT T. 11 t' lis—, of the names and-iAail addresses of all property owners v hin 150 feet of the subject property as shop=in on the x:ssesst^r.S roll. Asse, ssor''s S- 1-R Lot/Tract i ropert": Ownor No. _ No. _ =_ di Moil Add_ess ell, A title reort of the subject property. 4 z er �y IA1 40, v =� t •O mu go = a a _j 00 10 LL CQ�.. r Soso 7,7 rc ' C,j C'i N ° - ��.• — V: C..)' Li1----�-_ 11 - `�" {- I ° • V r ^ 1� ^ Rj OO `�" I �� mil. 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