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5. Ordinance 1285 - Hines - 2nd ReadingAgenda - April 6, 1998 AGENDA ITEM 5 - ORDINANCE 1285 - HINES ZONING - 2`D READING BACKGROUND/CONSIDERATION: At the last meeting the Council approved Resolution 4396 to complete the annexation of property owned by Donald Hines. At the same time the Council passed the 1' reading of Ordinance 1285 authorizing the initial zoning of this parcel as B-2, General Business. This is compatible with current use in the immediate area. RECOMMENDATION: I concur with the Planning Board and FRDO's recommendation that the property be zoned B-2. ACTION REQUIRED: Completion of the 2`d reading of this ordinance will finalize the zoning designation. ORDINANCE NO. 1285 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT A(PREVIOUSLY ZONED COUNTY B-2, GENERAL BUSINESS), CITY B-2, GENERAL BUSINESS, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Donald W. Hines, the owner of property described in Exhibit A, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to City B-2, General Business, and WHEREAS, the property as described exists as property surrounded to the North by City B-2 classification, to the East by County B-2 and I-1 classification, to the South by County B-2 classification, and to the West by City I-1 and P-1 classification, and WHEREAS, the petition of Donald W. Hines was the subject of a report compiled by the Flathead Regional Development Office, #KA- 98-2, dated March 2, 1998, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned City B-2, General Business, 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 B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described City B-2, General Business, the City Council adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commi ssioners� Etc 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KA-98-2. 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 City B-2, General Business. j:wp\ord\Hines 1 SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance 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 ATTEST: Theresa White Clerk of Council j:wp\ord\Hines 2 EXHIBIT A DONALD W. HINES REQUEST FOR ANNEXATION #KA-98-2 LEGAL DESCRIPTION A tract of land in the NW1/4SE1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: BEGINNING at the most Northerly corner of that tract as shown as Tract 1, Certificate of Survey #7123, records of Flathead County, said corner being on the Southwesterly Right -of -Way of U.S. Highway No. 93; thence SOUTH 57 Degrees 06 Minutes 30 Seconds WEST 259.44 feet to a set iron pin; thence NORTH 32 Degrees 53 Minutes 10 Seconds WEST 200.20 feet to a found iron pin; thence NORTH 57 Degrees 10 Minutes 05 Seconds EAST 259.60 feet to a point on the Southwesterly R/W of U.S. Highway No. 93; thence, SOUTH 32 Degrees 50 Minutes 29 Seconds EAST along said R/W 199.92 feet to the POINT OF BEGINNING and continuing 1.19 acres, more or less. Subject to and together with a 30 foot wide access and utility easement along the Southerly boundary. Subject to and together with all easements of record. Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 March 11, 1998 Clarence Krepps, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Donald Hines Request for Annexation and Initial Zoning of B-2 Dear Clarence: The Kalispell City -County Planning Board met on March 10, 1998, and held a public hearing to consider a request by Donald Hines for initial zoning of B-2, General Business upon annexation into the city. The property proposed for annexation contains approximately 1.549 acres, located on the west side of Highway 93 South, directly south of Big R Home and Ranch Supply. It is currently zoned County B-2, General Business. It can be described as Assessor's Tract 7AAB in Section 20, 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 B-2 zoning for this parcel upon annexation. The property owner spoke in favor of the B-2 zoning, and stated he has already extended City water and intends to hook up to City sewer in the future. Part of the parcel is already in the City and he would like to bring the remainder in. No one spoke in opposition. A motion to adopt staff report #KA-98-2 as fmdings of fact and recommend approval of the proposed B-2 zoning upon annexation passed unanimously on a vote of eight in favor and none opposed. A recommendation for the proposed B-2 zoning upon annexation of this property is being forwarded to City Council for consideration at their regular meeting on March 16, 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 Therese Fox -Hash President Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Donald Hines Annexation March 11, 1998 Page 2 TFH/NW/eo Attachments: FRDO Report #KA-98-2 w/ application materials Draft Minutes 3/ 10/98 Planning Board meeting Exhibit A (legal description) c w/o Att: Donald Hines, PO Box 2721, Kalispell, MT 59903 c w/ Att: Kalispell City Clerk H: \TRANSMIT\KAL\ 1998 \KA98-2 EXHIBIT A DONALD W. HINES REQUEST FOR ANNEXATION #KA-98-2 LEGAL DESCRIPTION A tract of land in the NWl/4SE1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particulary described as follows: BEGINNING at the most Northerly corner of that tract as shown as Tract 1, 1 Certificate of Survey # 7123, records of Flathead County, said corner being on the Southwesterly Right -of -Way of U. S. Highway No. 93, thence SOUTH 57 Degrees 06 Minutes 30 Seconds WEST 259.44 feet to a set iron pin; thence NORTH 32 Degrees 53 Minutes 10 Seconds WEST 260.14 feet to a found iron pin; thence NORTH 57 Degrees 10 Minutes 05 Seconds EAST 259.70 feet to a point on the g Southwesterly R/W of U. S. Highway No. 93; thence, SOUTH 32 Degrees 50 Minutes 29 Seconds EAST along said R/W 259.86 feet to the POINT OF BEGINNING and continuing 1.549 acres, more or less. Subject to and together with a 30 foot wide access and utility easement along the Southerly boundary, as shown hereon. Subject to and together with all easements Lof�_rerd. �_ DONALD W. HINES REQUEST FOR ANNEXATION AND INITIAL ZONING FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KA-98-2 MARCH 2, 1998 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request by Donald W. Hines for annexation and initial zoning. A hearing has been scheduled before the Kalispell City -County Planning Board for March 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 petitioner would like to extend City services to his property and is requesting annexation in order to do so. A. Petitioner and Owners: Donald W. Hines P.O. Box 2721 Kalispell, MT 59903 (406)752-7772 (h) (406)755-3700 (w) B. Location and Legal Description of Property: The property proposed for annexation is located on the west side of Highway 93 South and directly south of Big R Home and Ranch Supply. The property contains approximately 1.549 acres and can be described as Assessor's Tract 7AAB located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: This property is currently located in the County zoning jurisdiction and is zoned B-2, a General Business zoning district which allows a wide variety of general retail and uses requiring outdoor display. This zoning district is intended to provide an area for businesses which require outdoor display and are typically accessed by automobile. D. Proposed Zoning: The property owner is requesting City B-2 zoning, also a General Business zoning district which allows a wide variety of general commercial, retail and auto oriented uses which require outdoor display of merchandise. Under the City B-2 zoning district, the existing business on the property, Hines Automotive is a permitted use. Under the County B-2 zoning the existing business is a conditionally permitted use. The property owner has plans to expand his existing business once annexed into the city. E. Size: The area proposed for annexation and zoning contains approximately 1.549 acres. F. Existing Land Use: Currently this property is occupied by Hines Automotive, a automobile repair business. Under the County zoning, this is a conditionally permitted use. Under the City zoning, this is a permitted use. Mr. Hines plans for expansion will be more easily accommodated under the City B-2 zoning which will not require a public hearing or the notification of surrounding property owners. G. Adjacent Land Uses and Zoning: The character of the immediate area is generally commercial. There is a retail sales business to the east and to the north. Additionally, there are general retail sales in the area. The City Airport lies to the west. North: Big R Home and Ranch, City B-2 zoning South: Burton's TV and Appliance, County B-2 zoning East:: Furniture sales, auto sales; County B-2 and I-1 zoning West: Glacier Boat Builder and the City Airport, City I-1 and P-1 zoning H. General Land Use Character: The general land use character of the area is a combination of general commercial and light industrial. The properties to the north have been more intensively developed because of the availability of water and sewer to the area. The annexation of this property will be the southernmost boundaries of the City of Kalispell except for a short section of the airport runway to the west. I. Availability of Public Services: City services will be made available to this property upon annexation which include fire and police service, as well as 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. The property owner experienced a broken water line during the subzero temperatures this winter. He also intends to expand this business. 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. SUMMARY AND DISCUSSION 1. Does the requested zone comply with the Master Plan? This property is indicated on the Kalispell City County Master Plan Map as commercial. The proposed B-2 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 additional traffic generated from the 2 property especially once the property owner expands his business. However, this property fronts along Highway 93 which is scheduled for reconstruction to accommodate traffic in the area and to provide greater capacity. 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 expand a business on full public services, the public health and welfare of the community will be served by encouraging compact commercial development within the city core. 5. Will the requested zone provide for adequate light and air? The existing business and its expansion 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, this will allow for the expansion of the business 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 3 under the B-2 zone. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is commercial. The use on the property is commercial 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 be commercial. 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 adopt Staff Report #KA-98-2 as findings of fact and forward a recommendation to City Council that the initial zoning for this property should be B-2, General Commercial, upon annexation. H: \... \REPORTS \KA\98 \KA98-2 rd y� \cHNr� 2AA 7EAA 70A 70FJ70Ej SOUTHGATE EAGLE ��E ONE 3 " �j r tVILLAS CONDO ii$ 120 SUBD 2AAF KEC L y RD _ _ 7 E 1 2 1/612 0 125 124 123 2A AAD EB 70C I A 1 x 14 q 2AAB 2 15 12 C 176 173 Z 165 164 pml AD MON 7 3 16 11 a 16b t63 = 177 172 � 167 162 178 170 7EJ ¢ 10 168161 4 7 6 lso 7E 5 a PGP 2 7ED 6 7 g v 57 A 42 5615554 2P� 7EDA COMMON d 2D 7A i 23 2 5 22 tih 1 ORETANA SOUTH 21 w 7A 20 1 2+ 19 2E F ® � 3¢ 18 17 WOODLAND 2M SUBDI ISM7� 5 6 7 8 9 2G • Ct l GJ 2F 7A 2B 71 SCJ G 2 2FA 2+ yGE.� 7� 1 2JA 1�� ��F 7FB 7F 2J A AM PLAT 7CG 2JB 7C L.1 7C R AC.. N I SBB t}� 5F JA 6D 1 SAC-3r=0 5HA F 5CD 5H 5CD 5J � n v. CiTT iTTii DONALD W. HINES / HINES AUTOMOTIVE CENTRE REQUEST FOR ANNEXATION INTO KALISPELL & INITIAL ZONING OF B-2, GENERAL BUSINESS CURRENTLY ZONED B-2 GENERAL BUSINESS, WESTSIDE ZONING- DISTRICT PLOT DATE:03/02/98 SCALE 1" = 400' H:\gis\site\KA98_2.dwg DON HINES P.O. Box 2721 Kalispell, MT 59903 Home: (406) 752-7772 Work: (406) 755-3700 To Whom It May Concern, RECEIVED FL THEAD REGIONeAt OUVILOVMENT OFF(" January 14, 1998 I would like to have the remaining portion of my property at 2400 Highway 93 South, Kalispell, Montana to be annexed by the city of Kalispell. (See attached sheets.) The legal description is NW'/4 SE'/4 of Sec 20, Township 28N, Range 21 W, PMM Flathead County. The north 60 feet of the property is already within the city limits. I would like the remainder annexed so that I may be provided the municipal services at hand. The property is zoned B2 by the city. I have extended the city water main to the south boundary of the property as required. The main reason for the annexation is to hook onto the city water system. Thank you. Sincerely, Don Hines PETITION NO. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the r // 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 --.�- day of LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: PROPERTY ADDRESS: OWN R OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE 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 / _� 199g by and between nn F/ /QLL,� ZS/ : u• 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 described on Exhibit "A" attached hereto 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 Fire District under the provisions of Section 7-33-2127, Montana Code Annotate ,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. 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 affixed our seals this Z:21A day of 199 PARTY(S) OF INTEREST CITY OF KALISPELL City Manager ATTEST: Finance Director 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. STATE OF MONTANA ss County of Flathead ) On this the undersigned, appeared the a Notary Notary Public, State of Montana Residing at My Commission expires day of 1 199 , before me, Public for the State of Montana personally and and respectively, of I 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. 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 Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission expires 88 — The Daily Inter Lake, Sunday, February 22, 1998 2. A request by the City of Kalispell for an amendment to the Kalis- pell Zoning Ordinance, Section 27.22.030, Design Standards for Single Fami- ly Dwellings. -The pro- posed text amendment will primarily address require- ments for manufactured housing in the city -of Kalis- pell. This amendment is being initiated because the current requirement that No. 1115 manufactured homes bear NOTICE OF PUBLIC the insignia of approval HEARING from the Building Codes KAUSPELL ` CITY- Division of the State of COUNTY PLANNING Montana has been found BOARD AND ZONING to be in conflict with the COMMISSION Federal Manufactured The re regular meeting of 9 9 Housing and Construction the Kalispell City -County Safety Standards Act of Planning Board and Zon- 1974. This zoning text ing Commission is sched- amendment is intended to uled for Tuesday, March correct this conflict and 10, 1998, beginning at would effect all areas of 7:00 PM in the Kalispell the city of Kalispell which City Council Chambers, allow single family dwell - Kalispell City Hall, 312 ings. First Avenue East, Kalis- 3. A request by pell. During this regularly Don Hines for annexation scheduled meeting, the into the city of Kalispell Board will hold public and initial zoning of B-2, a hearings to consider the General Business zoning following agenda items district. The property is and make a recommenda- currently located in the tion to the Kalispell City County zoning jurisdiction Council who will take final and is zoned B-2, a Gen - action: eral Business zoning dis- 1. A request by Flathead Health Center, trict. The property is locat- ed on the west side of Inc. for a conditional use Highway 93 South, south permit to allow the place- of Big R Home and Ranch ment of a temporary office Supply. The property con - building. The proposed tains approximately 1.549 temporary building will be acres and can be descri- a 60 foot by 24 foot modu- bed as Assessor's Tract lar building which is in- 7AAB located in Section tended to provide office 20, Township 28 North, space for approximately Range 21 West, P.M.M., seven omployees,from "A'ccddnting.` Flathead County, Monta- Corporate na. These employees will be Documents pertaining to displaced during the instal- these agenda items are on lation of a new computer system.. The building may i file in the Flathead Region - al Development Office, be needed for up to two 723 Fifth Avenue East, years. The property pro- Room 414, Kalispell, MT posed for the building is 59901, (406)758-5980, zoned H-1, a Hospital zon- and are available for public ing district which lists tem- review during regular of. porary buildings as a con- five hours. ditionally permitted use. , Interested persons are The property is located encouraged to attend the south of Kalispell Regional hearings and make their Hospital and east of Clare- views and concerns known mont Street. The property to the Board. Comments address is 325 Claremont Street, Kalispell. The g may in writing be submit y property can be described ted to Narda Wilson of the as Lot 1, Flathead Health Flathead Regional Devel- Center Addition located in Section 6, Township 28 lopment Office at the above address prior to the North, Range 21 West, date of the hearing. P.M.M., Flathead County, Thomas R. Jentz Planning Director Montana. February 22, 1998 \ � ` \ ,, ~.` ! ` �� �� ` `' SCDDA -' ------ | ycuc 'co ------- """` =av . . ' i * �--- - i . L.^ ! m,C. . . .czu ' Mw °�� citizen ,COI �. � F 195 10:31 ID:000NTY GUARANTY TITLE C FAX:406-257-5663 PAGE 1 IVSJ •, , ,� "JRTON " OMTON ,4ojusTMENT �'• NE 1/4 "•SWI/4 & NW W""SI/4 ,�3 '.rtlA��c+IA �.sl'ro'�ttrl. •ase" ' TO 74, /q e- A Ar T .. , Je �? � ,��o�'-' ,,.� �R'� ,fit -t % �i�►ri YS �,ruc.�c " �e1►'° �' c� eM- 1 dolt iy 7 i+ .� 1 0 rig` �U F.'� eur *A /17, ~�►• j � � � ;norat � b�iie�•� • � w ' ! pac W .o of r w uWNEWS CVJLTOWAT wo brw4y mr* *d i. +r.vc" of fir *•mina dww b a I - "Omn ioura+ i botwom W)ob&q povwtim wr N r 6600 a es, m h aby a•ra t bwdmm a& desks *(Sod b WAW4 rhos v vlow • s /s*mld 10 SO WM 74-3-307 OX4 MC& FwMwwR wr breby +r+1*h' M M pwra of dkW dh4dm Of W it If SPO* 064* d Lnd 10 WCOM W or & bW id L W asOry rastOM bmVW" 00 11 wr *A ao INWAM CONTRACT FOR SALE OF REAL PROPERTY �o THIS AGREEMENT, made this � —1'1 day of �/ 1995, between EDWARD L. HINES TRUST, Edward L. llines, Trustee, of P. O. Box 567, Kalispell, Montana 59901, hereinafter referred to as "SELLER", and DONALD W. HINES, of 2400 Highway 93 South, Kalispell, Montana 59901, hereinafter referred to as "BUYER", WITNESSETfi: That the Seller, in consideration of payments to be made and covenants to be performed by Buyer, as herein specified, does hereby agree to grant, sell and convey to said Buyer, by good and sufficient deed, that real property situated in the County of Flathead, State of Montana, known and described as follows: A tract of land in the NWI/4SE1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particulary described as follows: BEGINNING at the most Northerly corner of that tract as shown as Tract 1, Certificate of Survey # 7123, records of Flathead County, said corner being on the Southwesterly Right -of -Way of U. S. flighway No. 93; thence SOUTH 57 Degrees 06 Minutes 30 Seconds WEST 259.44 feet to a set iron pin; thence NORTH 32 Degrees 53 Minutes 10 Seconds WEST 260.14 feet to a found iron pin; thence NORTH 57 Degrees 10 Minutes 05 Seconds EAST 259.70 feet to a point on the Southwesterly R/W of U. S. Highway No. 93; thence, SOUTH 32 Degrees 50 Minutes 29 Seconds EAST along said R/W 259.86 feet to the POINT OF BEGINNING and continuing 1.549 acres, more or less. Subject to and together with a 30 foot wide access and utility easement along the Southerly boundary, as shown hereon. Subject to and together with all easements of record. 2 - Purchase Price KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MIN'TUES OF MEETING MARCH 10, 1998 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 7:02 p.m. Board members present were Don Garberg, Walter Bahr, Joe Brenneman, Milt Carlson, Don Hines, Therese Hash, Jean Johnson, Gregory Stevens, and Rob Heinecke. The Flathead Regional Development Office was represented by Narda Wilson, Senior Planner. There were 4 people in the audience. APPROVAL OF The minutes of the meeting of February 10, 1998 were approved as MINUTES written on a motion by Bahr, second by Carlson. FLATHEAD The first public hearing was introduced on a request by Flathead Health HEALTH CENTER Center, Inc. for a conditional use permit to allow the placement of a CONDITIONAL temporary office building which is intended to provide office space for USE PERMIT approximately seven employees in an H-1, Hospital zoning district. The property is located south of Kalispell- Regional Hospital at 325 Claremont Street, Kalispell. Rob Heinecke declared a conflict of interest and stepped down from the Board. Staff Report Wilson presented- an overview of report #KCU 98-3. The application was reviewed in accordance with all the necessary criteria, and four (4) conditions of approval were recommended. Public Hearing The public hearing was opened to those in favor. In Favor David Greer, planning consultant for Northwest Healthcare, explained the request which is part of their long term plans for the facility. There will not be an increase in employees or need for parking. No existing parking will be displaced. No one else spoke either in favor or in opposition. The public hearing was closed and opened to Board discussion. Board Discussion There was discussion on the temporary nature of the office building. It Kalispell City -County Planning Board Minutes of Meeting of March 10, 1998 Pagel of 8 will be set on a temporary foundation that is acceptable to the Building Department. An administrative conditional use permit could be issued if there is a need to have an extension on the permit. Motion Bahr made the motion to adopt the findings of fact in report #KCU-98-3, and forward a favorable recommendation to City Council to grant the conditional use permit subject to the four (4) conditions. Carlson seconded. On a roll call vote, the motion carried 8-0. Heinecke returned to the Board. HIKES The next public hearing was introduced on a request by Don Hines for ANNEXATION annexation into the city of Kalispell and initial zoning of B-2, General WITH INITIAL Business zoning district. The property is located on the west side of ZONING t B-2 Highway 93 South, south of Big R Home and Ranch Supply. Don Hines declared a conflict of interest and stepped down from the Board. Staff Report Wilson gave a presentation of report #KA-98-2, with a recommendation to zone the property B-2 upon annexation into the City of Kalispell. Public Hearing The public hearing was opened to those in favor, In Favor Don Hines, the applicant, spoke in favor, and explained the reason for the request. No one else spoke either in favor or in opposition. The public hearing was closed and opened to Board discussion. Motion Carlson moved- to adopt staff report 9KA-99-2 as findings of fact and forward a favorable recommendation to City Council to zone the property B-2, General Business upon annexation. Bahr seconded. On a roll call vote, the motion carried 8-0 in favor. KALISPELL The next public hearing was introduced on request by the City of ZONING TEXT Kalispell for a zoning text amendment to the Kalispell Zoning Ordinance, AMENDMENTS Section 27.22.0,30, Design Standards for Single -Family Dwellings: The proposed text amendment will primarily address requirements for manufactured housing in the city of Kalispell, and would affect all areas in the city of Kalispell which allows single-family dwellings. Kalispell City -County Planning Board Minutes of Meeting of March 10, 1998 Page 2 of 8 Staff Report Nilson gave a detailed presentation of report 9KZTA-98-1. The amendments were evaluated in accordance with statutory criteria, and staff recommended- the text amendments be made to the Kalispell Zoning Ordinance, based on the findings of fact. Public Hearing The public hearing was opened to those in favor of the text amendments. In Favor Diana Harrison, Zoning Administrator for the City of Kalispell, said that the city has worked closely with FRDO- on these amendments, which came about as a result of problems that we have had with placing manufactured- housing in the city. She was in support of the changes. No one else spoke either in favor or in opposition to the proposed text amendments. The public hearing was closest and opened to Board discussion. Board Discussion There was considerable discussion on the state statutes pertaining to manufactured housing. Stevens argued that the proposed design standards are contrary to state law, in regards to moving a manufactured home. It did not make sense to him. Brenneman noted that one of the statutory criteria is looking at the preservation of property values. There was considerable argument on what the state statute says about defining manufactured housing, and where it is allowed. It was noted that the City does not have to provide for manufactured housing according to state law, but with this text amendment it is actually broadening the zoning to allow them in more zoning districts. The standard pertaining to whether or not the homes have been previously moved, thus causing structural damage, is the point in contention. Narda interjected that there is nothing in the state statutes that says that local government has to adopt this as a definition for manufactured housing. She felt it was probably a moot issue since manufactured homes placed in the city are of a permanent nature. Motion Brenneman moved to adopt the findings of fact in report #KZTA-98-1, and based on these findings recommend that City Council make the amendments listed on page 9 to the Kalispell Zoning Ordinance. Bahr seconded. Kalispell City -County Planning Board Minutes of Meeting of March 10, 1998 Page 3 of 8 Amendment to Bahr moved to amend Section 27.22.03: Design Standards for Single Motion & Roll Call Family Dwellings (1) to delete the last phrase "...and have net beep Vote on Amendment eated." Stevens seconded. On a roll call vote Garherg, Heinecke, Bahr, Stevens, Hines, and Johnson voted aye. Hash, Carlson, and Brenneman voted no. The motion carried on a 6-3 vote. Roll Call Vote on On a roll call vote to recommend that City Council consider and adopt Amended Motion the amendments to the Kalispell zoning Ordinance as amended, Brenneman, Heinecke, Garberg, Stevens, Johnson, Hines and Bahr voted aye. Carlson and Hash voted no. The motion carried 7-2. NEW BUSINESS Under new business was consideration of amendments to the Kalispell Zoning Ordinance. Updating the zoning ordinance was one of the FRDO work program assignments. The intent is to clarify and make the ordinance easier to understand and administer. Wilson brought several sections of the ordinance for review. The Planning Board can then either hold public hearings on the whole thing, or hold several public hearings on different sections. Stevens asked what the rights were of collective property owners? Wilson replied that the collective property owners would have a reasonable expectation to have their property values protected which would be damaged by incompatible uses. Individual property owners would have the reasonable expectation to have zoning provide some predictability of how their neighborhood would develop. They would have the right to anticipate certain safety standards associated with development, or aesthetic standards. Hash suggested that unless this a statutory criteria, that this be left to those criteria, and it be stricken. Carlson favored consistency with the County zoning regulations for ease of administration. The concept of takings was discussed, and felt that it was unnecessary to put under the general provisions. The law of takings and just compensation is enormous and it seems superfluous. The Board and staff went through the proposed changes, most of which were housecleaning amendments. Kalispell City -County Planning Board Minutes of Meeting of March 10, 1998 Page 4 of 8 Next month, another section of the zoning ordinance will be reviewed. OLD BUSINESS Under old business was consideration of rezoning in the Foys Lake Area from AG-40 to SAG-5. The issue has come up from a zone change request from Dan Pearce, that has resulted in the Commissioners asking that the Planning Board look at the entire area for the appropriateness of rezoning to SAG-5. Hash felt it was important to look at this area as part of the whole update, and not piecemeal as a knee jerk reaction to a particular landowner's request, which is self motivated. A master plan update is an elaborate process and everyone gets an opportunity to make comments. Many considerations are taken into account. So, to address only a part of the area is premature. Stevens pointed out that he feels the 40 acres in question is a defacto SAG-5. Changing that particular piece would not have any impact on anything. He couldn't see any reason why Mr. Peace couldn't split his 12 acres into two 6 acre parcels. It wouldn't be spot zoning , because it is already spot zoning, and there are six property owners in the 40 acre. Hash pointed out that the other property owners have not come forward with an application for a zone change which would legally be considered spot zoning. If all the property owners came forward with a request, it would be reviewed under different criteria. Motion Stevens made the motion to proceed with stars recommendation 91 in her memorandum dated March Z, 1999, to move forward by designating specific boundaries, compiling a list of property owners in the area and conducting a neighborhood meeting and [or survey regarding the general interest in rezoning the area. Bahr seconded. Discussion on Motion Johnson commented that he thought the intent of the Commissioners was to look at the entire Foys Lake area. It is a rapidly growing area. The idea of taking 40 acres out of the middle of it is ineffective. I am opposed to tying it up with the master plan update, that may take years. The issue is the Boys Lake area is improperly zoned to accommodate what's happening. If we have to sit here every month and address another 40r acres in the same area, it is defeating our purpose. We should step up and address the whole area like the Commissioners want us to. Kalispell City -County Planning Board Minutes of Meeting of March 10, 1998 Page 5- of 8 We can't do spot zoning. As far as I'm concerned, we've already ruled on Mr. Pearce's application. We are talking about the whole area. Hash agreed that the entire area be considered, and suggested that staff bring a map next meeting to determine the boundaries of the area. Brenneman commented that this begs the issue, if we have this coming before us because of a single property owner. The others aren't requesting a rezone. So, we are going to do the entire Foys Lake area, because one property owner doesn't like his zone. I don't think there is any reason for us to draw these arbitrary boundaries. Bahr observed that of this 40 acres, there are 6 tracts within the two 40's north of this adjoining the SAG-5, none of which are 40 acres. The entire area is ripe for redesignation. Wilson pointed out that there may be lots in the area that do not conform to the AG-4G zoning. It was not zoned for what is there. It was based on the steep slopes in the area, the roads are substandard, the services are inadequate to support additional growth, and the AG-40 zoning is a means of controlling density. Zoning is a method of directing future development, so you will find parcels that are non -conforming in agricultural zoning districts. Hash observed that if we were to go ahead and recommend alternative #l, essentially we are instituting a master plan amendment without a request. Carlson stated that this is a master plan amendment just before the master plan update goes before public hearings, plus all the other criteria that must be considered, which would take a long time, such as the steep slopes and wildfire potential. Stevens argued that Mr. Pearce is a fireman, and has taken necessary precautions to not endanger himself, his family or his neighbors. This property doesn't interface with any government land, so I don't think it can interface with wildland. It is already a defacto SAG-5 zone. The Commissioners are asking us to just accept the fact that it is there, and verify it with the appropriate zone. Roll Call Vote There was a roll call vote on the motion to proceed with stair's alternative #1 to designate specific boundaries for rezoning. Bahr, Kalispell City -County Planning Board Minutes of Meeting of March 10, 1998 Page 6 of 8 Johnson, Hines, Garberg, Heinecke, and Stevens voted aye. Carlson, Brenneman and Hash voted no. The motion carried 6-3. Motion Carlson moved to recommend including alternative #2, to incorporate consideration of this area as part of the master plan update process to assess the appropriate density for the Foys Lake area. Bahr seconded. Discussion on Motion There was dissension on whether staff s three alternatives were mutually exclusive or not. Stevens said that when he made his motion, he meant that the boundaries were to be the 40 acre parcel with the 6 properties within it. Hash and Brenneman argued that carving out a chunk of land to be rezoned cannot be done. That is spot zoning. Looking at a broader area would entail a neighborhood plan. A neighborhood plan is initiated by the public. Johnson again stressed that Mr. Pearce's request is a done deal. The zone change request was denied and that is a dead issue. As a result, the Commissioners have asked that we took at the entire area to see of -the zoning is appropriate for what is going on there. Zoning is not a method of building infrastructure. Should we carve out this neighborhood, or should we include it with the entire master plan update process. Carlson pointed out that a neighborhood planning process could take as long or longer than the master plan update. The motion was restated and clarified that the direction given to staff is to designate specific boundaries in an area appropriate for rezoning with the master plan update process — A no vote would mean that the Board move forward with designating a boundary outside of the scope of the master plan update. A yes vote would mean incorporating this as part of the entire master plan update. Roll Call Vote The motion was that this area be given special consideration as part of the master plan update process, as staff recommended in alternative #2. On a roll call vote Bahr, Carlson, Brenneman, and Hash voted aye. Johnson, Stevens, Hines, Garberg and Heinecke voted no. The motion Kalispell' City -County Planning Board Minutes of Meeting of March 10, 1998 Page 7 of 8 was defeated on a 4-5 vote. There was a question on what is spot zoning. Hash suggested that the county attorney be consulted on spot zoning, as designating the 40 acres, as proposed by Stevens is illegal. Johnson commented that this seems like a waste of time, because it is part of the master plan process. The Board clarified that what they voted on was to move forward with a neighborhood plan for the Foys Lake area separate from the master plan update process. Staff was directed to bring a map next meeting, and it wilt be up to us to draw those boundaries. Other Old Business The Department of Natural Resources and Conservation is scheduled to give a presentation on wild- land/fire interface at the next meeting. ADJOURNMENT The meeting was adjourned at 9:45 p.m. Therese Fbx Hash, President Elizabeth Ontko, Recording Secretary Kalispell City -County Planning Board Minutes of Meeting of March 10, 1998 Page 8 of 8