07. Ordinance 1290 - Zone Change - O'NeilORDINANCE NO.—12.9_0
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 TRACTS 5-0, 5-2, AND 5-18 LOCATED IN
SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED RA-1, LOW DENSITY RESIDENTIAL
APARTMENT), TO B-2, GENERAL BUSINESS, IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Ivan and Marian O'Neil, the owners of property more
particularly described as Assessor's Tracts 5-0, 5-2, and 5-18
located in Section 17, Township 28 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 B-2, General Business, and
WHEREAS, the property as described exists as property
surrounded to the North by RA-1 and B-2 classification, to the East
by RA-1 classification, to the South by B-2 and RA-1
classification, and to the West by B-2 classification, and
WHEREAS, the petition of Ivan and Marian O'Neil was the
subject of a report compiled by the Flathead Regional Development
Office, #KZC-98-2, dated July 6, 1998, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the property as described above be zoned 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 B-2, General Business.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Findings of Fact contained in
Flathead Regional Development Office Report # KZC 98-2,
as amended by the City -County Planning Board and Zoning
Commission, are hereby adopted as the Findings of Fact of
the City Council.
SECTION 2I. Section 27.02.010, of the Official Zoning
Map of the Kalispell Zoning Ordinance, (Ordinance #1175)
is hereby amended by designating the property described
E:\wp\ord\o'neil.wpd 1
as Assessor's Tracts 5-0, 5-2, and 5-18 located in
Section 17, Township 28 North, Range 21 West, P.M.M,
Flathead County as B-2, General Business.
SECTION III. 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 IV. 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
THIS DAY OF , 1998.
Wm. E. Boharski, Mayor
Theresa White
Clerk of Council
E:\wp\ord\o'nei1.wpd 2
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
July 23, 1998
Glen Neier, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: O'Neil Zone Change Request from RA-1 to B-2
Dear Glen:
The Kalispell City -County Planning Board met on July 14, 1998, and held a public
hearing to consider a request by Ivan and Marian O'Neil for property located on the east
side of Third Avenue East, north of Ace Hardware and east of the Outlaw Inn. The
applicants are proposing to change the zoning from the existing RA-1, Low Density
Residential Apartment, to B-2, General Business. This would allow them to develop the
property commercially. The area proposed for rezoning contains approximately five
acres.
Narda Wilson of the Flathead Regional Development Office evaluated the proposal based
upon the statutory criteria and recommended approval of the requested zone change
finding that it is consistent with the master plan designation and other uses in the area.
At the public hearing, the property owner spoke in favor of the zone change. Three
neighbors living along Fourth Avenue East spoke in opposition to the zone change.
They cited concerns about the extension of Fourth Avenue East, problems with traffic,
noise, vandalism, property values and the water table in the area.
Board member Garberg disagreed with the finding in the staff report that the road
system was adequate to accommodate additional traffic generated by commercial
development of the property. A motion was made to amend the findings of fact, last
sentence under criteria #2 to reflect that: "Additional traffic which might be generated
from the development of this property could currently be marginally accommodated by
the road system in the area. The motion carried eight in favor and none opposed.
The Planning Board discussed the public testimony. Board member Stevens pointed
out from his experience that commercial development is preferable because there is not
as much traffic, parking problems, noise, and vandalism such as is associated with an
apartment complex. A motion was made to adopt staff report #KZC-98-2 as findings of
fact and forward a recommendation to approve the zone change from RA-1 to B-2. The
motion passed on a vote of five in favor and three opposed.
Providing Community PIanning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
O'Neil Zone Change
July 23, 1998
Page 2
Please place this matter on the agenda for the August 3, 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
Therese Fox Hash
President
TFH/NW/eo
Attachments: FRDO Report #KZC-98-2 w/application materials
Draft minutes of 7/ 14/98 Planning Board meeting
Exhibit A (legal description)
c: w/Att: Theresa White, Kalispell City Clerk
c: w/o Att: Ivan 8v Marian O Neil, 312 Crestview Road, Kalispell, MT 59901
H: \... \TRANSMIT\KA11SPEL\ 1998 \KZC98-2
IVAN & MARIAN O'NEIL
ZONE CHANGE RA-1 TO B-2 #KZC-98-2
EXHIBIT "A"
The land referred to in this Policy is described
as follows:
TRACT 1•
A tract of land located in the Southeast Quarter
of the Southwest Quarter (SEhSWh) of Section 17,
Township 28 North, Range 21 West, M.P.M.,
Flathead County, Montana and more particularly
described as follows:
Commencing at the Southwest corner of Lot 7 of
Block 250 of Kalispell Townsite Company's
Addition Number Seven to Kalispell, Montana,
according to the recorded plat thereof on file
and in the office of the County Clerk and
Recorder of Flathead County, Montana; thence
South 13°47'05" East, on and along the Easterly
right-of-way boundary of Third Avenue East,
extended Southerly a distance of 487.98 feet to
a point which point is the true point of
beginning; thence
South 13°47'05" East, continuing on and along
said extension of Third Avenue East, a
distance of 508.02 feet to a point; thence
North 76011'15" East, and leaving said extension
of Third Avenue East, a distance of 333.71
feet to a point; thence
North 13051'23" West, a distance of 264.04 feet
to a point; thence
North 76°11'40" East, a distance of 189.00 feet
to a point; thence
North 13047'38" West, a distance of 243.80 feet
to a point; thence
South 76°12'32" West, a distance of 522.34 feet
to the true point of beginning.
TRACT 2•
A tract of land located in the Southeast Quarter
of the Southwest Quarter (SEhSWh) of Section 17,
Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana and more particularly described as
follows:
Commencing at the Southeast corner of Lot 6 of
Block 249 of Kalispell Townsite Company's
Addition Number Seven to Kalispell, Montana,
according to the recorded plat thereof on file
and in the office of the County Clerk and
Recorder of Flathead County, Montana; thence
South 13048'20" East, on and along the Westerly
right-of-way boundary of Fifth Avenue East,
extended Southerly a distance of 864.00 feet
to a point which point is the true point of
beginning; thence
South 13048,20" East, continuing on and along
said extension of Fifth Avenue East, a
distance of 544.60 feet to a point which point
is 1408.60 feet Southerly on and along said
right-of-way boundary from the true point of
beginning; thence
North 89037,41" West, on and along a line that
would intersect the Easterly right-of-way
boundary extension of Third Avenue East, a
distance of 1240.10 feet from the Southwest
corner of Lot 7 of Block 250 of said Kalispell
Townsite Company's Addition Number Seven to
Kalispell, Montana, a distance of 343.04 feet
to a point; thence
North 13051123" West, a distance of 460.58 feet
to a point; thence
North 76011140" East, a distance of 333.00 feet
to the true point of beginning.
TRACT 3:
A tract of land located in the Southeast Quarter
of the Southwest Quarter (SEhSW4) of Section 17,
Township 28 North, Range 21 West, M.P.M.,
Flathead County, Montana and more particularly
described as follows:
Commencing at the Southwest corner of Lot 7 of
Block 250 of Kalispell Townsite Company's
Addition Number Seven to Kalispell, Montana,
according to the recorded plat thereof on
file and in the office of the County Clerk
and Recorder of Flathead County, Montana;
thence
South 13047'05" East, on and along the Easterly
right-of-way boundary of Third Avenue East,
extended Southerly a distance of 996.00 feet
to a point which point is the true point of
beginning; thence
South 13047,05" East, continuing on and along
said extension of Third Avenue East, a
distance of 18.00 feet to a point which point
is the Northwest corner of Lindsey Lumber
Addition to Kalispell, according to the
recorded plat thereof on file with the
Flathead County Clerk and Recorder's office;
thence
North 76011'15" East, on and along a boundary
of said Lindsey Lumber Addition to Kalispell,
a distance of 135.00 feet to a point; thence
South 60058'45" East, continuing on and along a
boundary of said Lindsey Lumber Addition, a
distance of 167.72 feet to a point; thence
South 13141146" East, continuing on and along
boundary of said Lindsey Lumber Addition, a
distance of 177.22 feet to a point which
point is the Southeast corner of said Lindsey
Lumber Addition to Kalispell; thence
South 89037141" East, on and along a line that
is 1408.60 feet Southerly from the Southeast
corner of Lot 6 of Block 249 of said
Kalispell Townsite Addition Number Seven to
Kalispell and along the extension of Fifth
Avenue East to a point that would intersect
the Easterly right-of-way boundary extension
of Third Avenue East, a distance of 1240.10
feet from the Southwest corner of Lot 7 of
Block 250 of said Kalispell Townsite
Company's Addition to Kalispell, Montana, a
distance of 78.74 feet to a point; thence
North 13051'23" West, a distance of 328.54 feet
to a point; thence
South 76011'15" West, a distance of 333.71 feet
to the true point of beginning.
IVAN AND MARL4.N O'NEII.
ZONE CHANGE REQUEST FROM RA-1 TO B-2
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KZC-98-2
JULY 6, 1998
A report to the Kalispell City -County Planning Board the Kalispell City Council
regarding a zone change request from RA-1 to B-2. A public hearing has been
scheduled before the Kalispell City -County Planning Board for July 14, 1998, at
6:00 PM in Kalispell City Council Chambers. A recommendation from the
Planning Board will be forwarded to the Kalispell City Council for final action.
BACKGROUND INFORMATION
The applicants are proposing to amend the Kalispell Zoning Map by rezoning an
approximate five acre site from an RA-1, Low Density Residential Apartment
zoning district to B-2, a General Business zoning district.
A. Petitioner and Owners: Ivan and Marian O'Neil
312 Crestview Road
Kalispell, MT 59901
(406) 752-7454
B. Location and Legal Description of Property: This property is located on
the east side of Third Avenue East, north of Ace Hardware and east of the
Outlaw Inn. The property can be described as Assessor's Tracts 5-0, 5-2,
and 5-18 located in Section 17, Township 28 North, Range 21 West,
P.M.M., Flathead County.
C. Existing Zoning: Currently this property is zoned RA-1, a Low Density
Residential Apartment zoning district which allows duplexes and single
family homes as permitted uses and low density apartments as a
conditional use. The minimum lot size requirement for this zoning district
is 6,000 square feet plus 3,000 square feet for each additional unit
beyond a duplex.
D. Nature of Request and Proposed Zoning: The property owner is
requesting that this property be rezoned from RA-1, Low Density
Residential Apartment, to B-2, General Business. The minimum lot size
requirement for this zoning district is 7,000 square feet. The property
owner would like to develop this property commercially.
E. Size: The combined area of the parcels proposed for rezoning contain
approximately five acres. This property could either be subdivided into
several lots or could be developed as an integrated commercial complex.
F. Existing Land Use: Currently this property is undeveloped.
G. Adjacent Land Uses and Zoning: This property is in an area which has a
mix of uses in close proximity. There are single family residences to the
north, multi -family dwellings to the east and commercial development to
the south and to the west.
North: Residential and limited business uses, RA-1 and B-2 zoning
East: Primarily residential, RA-1 zoning
South: Ace Hardware and apartments, B-2 and RA-1 zoning
West: Outlaw Inn, B-2 zoning
H. General Land Use Character: The general land use character of this area
is a mix of commercial and residential. It lies in a transition area between
a commercial core of south Kalispell and the established residential area
on the east side of Kalispell.
I. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Pacific Power and Lights
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
J. Relation to Zoning Requirements: With regard to lot size, the area
proposed for rezoning meets the minimum lot size requirements of 7,000
square feet for the B-2 zoning district. Subdivision potential would be
available because of the availability of community water and sewer.
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, no comments had been received from the public regarding this
proposal.
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.
Does the requested zone comply with the Master Plan?
W
The Kalispell City -County Master Plan map designates this property as
commercial. The proposed rezoning meets goals of the master plan with
regard to commercial expansion. Specifically, the Goal 6, Land Use,
Section (a) which encourages adequate areas for a variety of business and
commercial uses such as neighborhood oriented business and services,
highway commercial oriented activities and general commercial uses.
Goal 6, Section (b) encourages expansion of commercial areas based on
compact development pattern designed to meet the needs of the intended
service area. Goal ll, Energy, encourages infilling to take advantage of
existing streets and services. The proposed zone change furthers several
goals of the Kalispell City -County Master Plan relating to expansion of
existing commercial areas.
2. Is the requested zone designed to lessen congestion in the streets?
Access to this site can be provided from Third Avenue East which is
designated as a collector from 1 lth Street East to Highway 93. This street
is in fair condition and may warrant additional upgrades by the City as
additional development in the area takes place. Additional traffic which
might be generated from the development of this property ..cars' be
adequay accommodated by the road system in the area.°
w'
3. Will the requested zone secure safety from fire, panic, and other dangers?
Very little risk from fire or other dangers exist on this site. This property
is however, in an area which traditionally has had some problems with
high groundwater. Drainage on the site will need to be engineered in
accordance with plans approved by the Kalispell Public Works
Department. Access to the site would be good in the case of an
emergency. No significant impacts could be anticipated with regard to
safety hazards, fire or other emergency situations.
4. Will the requested change promote the health and general welfare?
By concentrating additional commercial development in an area which
has community water and sewer, access onto a collector street and is
located in an area which is an established commercial area make this
rezoning a reasonable and appropriate use of the property. Furthermore,
the master plan designation for this property is commercial. It appears
that the general welfare of the community would be advanced by rezoning
this property commercial.
5. Will the requested zone provide for adequate light and air?
Adequate light and air would be provided both by the low density allowed
in the district and the setback requirements for structures.
3
6. Will the requested zone prevent the overcrowding of land or undue
concentration of people?
The minimum lot size for the proposed B-2 zoning on this property is
7,500 square feet. The potential development associated with this
property would be limited only by the development standards associated
with the B-2 zoning district that relate to lot coverage, the types of uses
permitted under the zoning and the environmental constraints which may
be present associated with stormdrainage. However, commercial
development in this area is appropriate because of its location and the
availability of urban serves. The rezoning of this land would not create an
undue concentration of people or the overcrowding of land.
7. Will the requested zone facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
Existing transportation, police and fire protection as well as water and
sewer are currently available to service this property and are adequate to
accommodate any commercial use which might develop. Development
potential of the property is good and adequate provision of services can
be met on this property for commercial development.
8. Does the requested zone give consideration to the particular suitability of
the property for particular uses?
The master plan designates this property as commercial on the plan map
and there is significant other commercially zoned property to the west and
to the south. The location of the property along a street which is
designated as a collector and in an established commercial area make
commercial development of this site a reasonable request.
9. Does the requested zone give reasonable consideration to the character of
the district?
The character of the area is commercial to the west and residential to the
east. This property will in effect act as a transition area between the two
land use types. The orientation of this property along Third Avenue East
as well as other commercial development in the area gives consistency to
commercial development in the area. This rezoning gives reasonable
consideration to the character of the area.
10. Will the proposed zone conserve the value of buildings?
Additional commercial development in the area would be consistent and
compatible with existing development thereby minimizing potential
conflicts and conserving the value of buildings in the area.
4
11. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
Because this rezoning request complies with the commercial master plan
map designation and because of its location on the a busy street,
commercial development seems the most appropriate use of this property.
Furthermore, the rezoning is an expansion of commercial development in
areas of established commercial area. It appears that this rezoning would
encourage the most appropriate use of this property and the use of land
in the planning jurisdiction.
Staff recommends that the Kalispell City -County Planning Board and Zoning
Commission adopt FRDO staff report #KZC-98-2 as findings of fact and
recommend to the Kalispell City Council that the requested zone change from
RA-1 to B-2 be granted.
H: \... \FZC98-3.RPT
9
Ivan O'Neil
312 Crestview Road
Kalispell, MT 59901
406 752 7454
June 12, 1998
Kalispell City County Planning Board
Kalispell City Council
Kalispell, MT 59901
Board Members:
Council Members
A. - -.I •'ATrnIAL
-t
l �p
JUN z 6 1998
r' R. D. O.
We request your consideration of our proposal to change the zoning of Tracts 5-0, 5-
2, & 5-18, SE 4, SW 4 Section 17, 28-21 (approx. five acres) from R-2, residential, to
B-2y commercial. This property is located on the East side of 3'd Avenue East across
from the Outlaw Inn and North of Western ACE Home Center.
Our plans are to develop the area for retail business operations and offices. All of
this area complies with the Kalispell City -County Master Plan as B-2 and/or buffer
area. Commercial operations are on three sides of the property, Outlaw INN to the
West, Western ACE Home Center to the South and commercial storage to the North
We purchased this property several years ago and developed that portion on 5th
Avenue East for multi family housing (Birchwood Apartments). We believe the best
utilization of this property, facing 3'a Ave. East, is retail sales operations and/or
professional offices. We have had several inquiries in the past few months, and plan.:
to make a proposal to a floor covering business upon approval of this zone change
request.
Sincerely,
Ivan O'Neil '
Marian F. O'Neil
Attachments: Petition for Zoning Amendment, list of property owners within 150 feet,
map of the immediate area, title report and application fee.
Flathead Regional Development Office
723 5th Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fam (406)758-5781
PETITION FOR ZONING AMENDMENT
CITY OF KALISPELL
1. NAME OF APPLICANT: Ivan and Marian F . n , Nt-i i
2. MAIL ADDRESS: 3 t 2 Crestview Road
3. CITY/STATE/ZIP: Kalispell, Mt. 59901 PHONE: 406-752-7454
4. INTEREST IN PROPERTY: owners
S. ZONING MAP AMENDMENT: x 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: 1500-Third Avenue Fast
B. Legal Description: Tracts 5-0, 5-2 , and 5-18
(Lot and Block of Subdivision; Tract #)
SEQ SW% Section 17 T28 R21
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: RA-1
D. The proposed zoning of the above property is: B- 2
E. State the changed or changing conditions that make the proposed
amendment necessary:
Development of the property requires this zoning
chance
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE
OF:
A. Promoting the Master Plan ThP Ka t i sp 1P 7 city -county Master Plan
indicates this property is zoned as General Business or in
the buffer area.
B. Lessening congestion in the streets and providing safe access: Thera is
adequate area for off-street parking and access.
C. Promoting safety from fire, panic and other dangers no impact
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare
E. Preventing the overcrowding of land no impact
F. Avoiding undue concentration of population no impact
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities no impact on schools, parks, or
2
H. Giving reasonable consideration to the character of the district The area
is now primarily commercial to the --nnfh f 9iPs� anri past
I. Giving consideration to the peculiar suitability of the property for particular
uses The property faring Third Avenne Fact is nartlr`iiI;4rly
Slllted for rommPrrial development
J. Protecting and conserving the value of buildings _ No n ega t i vP impart-
K. Encouraging the most appropriate use of land be assuring orderly growth
The most appropriate use for this eronerty is rnmmPrrial_
The m�'gning of this application signifies approval for F.RD.O. staff to be present on
t10roperty for routine monitoring and inspection during approval process.
(Date)
3
)on& /� t�p AA� r -
APPLICATION PROCESS P
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.................Ad
/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 i301
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:
-� --' 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.
n
FRDO
Z-98
CERTIFICATION
APPLICANT: IVAN & MARIAN O' NEIL RA-1 TO B-2
FRDO FILE #: KZC-98-2
I, the undersigned certify that I did this date mail a copy of the attached notice to the
following list of landowners within ISO feet of the property lines of the property
that is the subject of the application.
Date:
Assessor's S-T-R LotfTract Property Owner
No. No. & Mail Address
SEE ATTACHED LIST
APPLICANT
IVAN & MARIAN O'NEIL
312 CRESTVIEW ROAD
KALISPELL MT 59901
FLATHEAD COUNTY PLAT ROOM
800 S. ;Main
Kalispell, MT 59901
TRACT # ASSESSOR # OWNER AND ADDRESS
5-NA 0281205 GILBERT & ARDATH LEE GENDREAU
5-MB 0281200 1437 4"' AVE. EAST
5-VD 0281200 KALISPELL, MT 59901 5903
5-N 0735954
5-1 0161900
5-2A 0700000
5-S
0882800
5-27
0883049
5-10
0883051
5-26A
0883051
LINDSAY
0705460
LUMBER ADDN
5-XEA
0877530
RYKER ADDN
BLOCK 2
LOTS I — 10
0877530
WILLIAM J. & ELVA SKRANAK
15025.. AVE. EAST
KALISPELL, MT 59901 5910
CHERI C. ELLINGSON
HELEN M. CONRAD (mail to)
CHARLES W. CONRAD
1512 5"' AVE. EAST
KALISPELL, MT 59901 5910
ELLEN G. POIER
STANTON D. POIER
1520 5h' AVE. EAST
KALISPELL, MT 59901 5910
DOS PROPERTIES
354 BLUE SPRUCE LANE
KALISPELL, MT 59901
O'NEIL PROPERTIES, LLC
312 CRESTVIEW RD
KALISPELL, MT 59901
CAVANAUGHS HOSPITALITY LIMITED PARTNERSHIP
201 W. NORTH RIVER DR. SUITE 100
SPOKANE, WA 99201
RYKER ADDN
ANTHONY L. LUPO
BLOCK I
ANTHONY T. LUPO
LOT 1
0520300
L. PATRICK LUPO
LOTS 2 — 7
0520350
1826 5.. AVE. EAST
KALISPELL, MT 59901 5916
5-U
0730550
DASEN — TORSTENSON
1701 HIGHWAY 93 S.
KALISPELL, MT 59901 5726
54C
0223615
DASEN & TORSTENSON
% PROP ASSES & TAX SERV
P.O. BOX 32982
PHOENIX, AZ 85064 2982
5-VAA
0127478
CHRIST R_ SAYLER
440 CHESTNUT DR-
KALISPELL, MT 59901
5-5
0771997
RON E. & MERNA H. TERRY
1937 SOUTH MEADOWS DR.
KALISPELL, MT 59901
NOTICE OF PUBLIC HEARING
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, July 14, 1998, beginning at 7:00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly
scheduled meeting, the Board will hold public hearings to consider the following agenda
items and make a recommendation to the Kalispell City Council or the Board of County
Commissioners who will take final action:
To the Kalispell City Council:
1. A request by Sands Surveying on behalf of Charles Mason for preliminary plat
approval of Buffalo Stage Professional Park, a subdivision containing four lots with
each lot containing two duplex office condominiums, for a total of eight condominium
lots. The subdivision is located on the southwest corner of Whitefish Stage Road and
Bruyer Way in Kalispell. The subdivision contains approximately 3.025 acres This
property was recently annexed into the city of Kalispell and is zoned R-5, a
Residential / Professional Office zoning district. The property proposed for this
subdivision can be described as Parcel A of Buffalo Stage Phase III located in Sections
31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
2. A request by Ivan and Marian O'Neil for a zone change from RA-1, Low Density
Residential Apartment, to B-2, General Business. The property proposed for rezoning
is located on the east side of Third Avenue East, north of Western Ace Home Center
and east of the Outlaw Inn. The property address is 1500 Third Avenue East and
contains approximately five acres. The property can be described as Assessor's Tracts
5-0, 5-2 and 5-18 located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
3. A request by Sally Welder on behalf of Kalispell Montessori Center, Inc. for a
conditional use permit to allow the conversion of an existing single family residence
into a school. The property where the school expansion is proposed is zoned RA-1, a
Low Density Residential Apartment zoning district which lists schools as a
conditionally permitted use. The property proposed for the expansion adjoins the
existing Montessori school property to the west. The applicants propose to convert an
existing residence and the three parcels where the home is located into an expansion
of the existing school. The property proposed for the school expansion is at 11 Park
Hill Road which is located at the west end of Park Hill Road in Kalispell. The property
can be described as Lots 5, 6 and 7, Block 2, Willis Addition located in Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
4. A request by Western Catering, Inc. d.b.a. Magic Diamond Casino for a conditional
use permit to allow the expansion of an existing casino in the Kalispell Center Mall.
The property where the casino is located is zoned B-4, the Central Business District,
which lists casinos as a conditionally permitted use. The applicants intend to expand
the existing casino in the Cavanaugh's lobby by approximately 1,000 square feet by
taking over the space where the western art gallery currently exists. The casino is
located at the east end of the Kalispell Center Mall. The property address is 20 North
Main, Unit B-22 in Kalispell. The property proposed for the casino expansion can be
described as Assessor's Tract 2AB located in Section 7, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
To the Board of County Commissioners
5. A request initiated by the Board of County Commissioners for a zone change from AG -
A, an Agricultural zoning district which has a,¢0 acre minimum lot size requirement
or newly created lots, to SAG-5, a Suburban Agricultural zoning district which has a
five acre minimum lot size requirement for newly created lots. The property proposed
for rezoning lies in the northwest Foys Lake area generally west of the intersection of
North Foys Lake Road and Daley Lane including property to the south along Daley
Lane and Newsom Lane. The total property area under consideration for rezoning is
approximately 120 acres, and can be described as Assessor's Tracts 1A, 1AA, 3, 3B,
3C, 3CA, 2BB, 2BBA, 2BBB, 2BBC, 2BBD, 2BBE, 2BBG located in Section 27,
Township 28 North, Range 22 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
concerns known to the Board. Comments in writing may be submitted to
the Flathead Regional Development Office at the above address prior to
hearing.
Thomas R. Jentz
Planning Director
their views and
Narda Wilson of
the date of the
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IVAN & MARIAN O'NEIL
ZONE CHANGE REQUEST FROM offim
RA-1, LOW DENSITY RESIDENTIAL APARTMENT, TO
B-2, GENERAL BUSINESS
KALISPELL ZONING DISTRICT
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