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08. Ordinance 1294 - Zone Change - Hammer - 1st ReadingORDINANCE NO. 1294 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 AS THE NORTH 17 FEET OF LOT 17 AND LOT 18, BLOCK 87 OF KALISPELL ORIGINAL LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO B-4 (CENTRAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, William Hammer, DDS, the owner of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to B-4, Central Business, and WHEREAS, the property as described exists as property surrounded to the North by Residential, B-4 classification, to the East by Multi -Family residential, RA-1 classification, to the South by Single family residential, RA-1 classification, and to the West by Single family residential, B-2 classification, and WHEREAS, the petition of William Hammer, DDS was the subject of a report compiled by the Flathead Regional Development Office, #KZC-98-3, dated August 4, 1998, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned B-4, Central 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-4, Central Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-4, Central 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 Commissioners, Etc. 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KZC-98-3. 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 E:\wp\ord\1295hammer.wpd 1 hereby amended by designating the property described as the north 17 feet of Lot 17 and Lot 18, Block 87 of Kalispell Original located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, as B-2, Central Business. 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 E:\wp\ord\1295hammer.wpd 2 HAMMER ZONE The next public hearing was introduced on a request by William Neil CHANGE / FROM Hammer for a zone change from RA-1, Low Density Residential RA-1 TO B-4 Apartment to B4, Central Business, for property located at 140 Fifth Street West in Kalispell. Staff Report Wilson gave an overview of report #KZC-98-3. The application was reviewed in accordance with the necessary statutory criteria. Staff recommended the zone change be granted from RA-1 to B4. Public Hearing The public hearing was opened to those in favor. In Favor William Hammer, the applicant, spoke in favor. His intention is to expand his office, the waiting room, and the parking. He has one employee and would like to add more space for his existing dental practice, so they can work more efficiently. No one else spoke in favor. The public hearing was opened to those in opposition. Opposition Vic Ledsoe, 527 2°d Avenue West, is totally against this. There has to be solid facts that there will be absolutely no neighborhood impact. We have lived there over 20 years, and it is a quiet neighborhood. It is close to the high school and a grade school is nearby. The maniac high school drivers have caused many wrecks and near misses, as well as it being unsafe for the smaller kids at the grade school. There is a problem with parking on both sides of the street from the high school. We want no change or impacts. Penny Ledsoe, 527 2nd Avenue West, agreed with her husband. The streets are not adequate for additional traffic with parking on both sides of the street. With the expansion of the high school there isn't sufficient parldng, and the maniac high school drivers put the grade school kids at risk. It is a quiet neighborhood and we do not want any change or impacts. There were no other speakers. The public hearing was closed and it was opened to Board discussion. Board Discussion The Board discussed the perceived neighborhood impacts and thought that by providing 6-8 off street parking sites, Dr. Hammer would be helping the parking situation, which is associated with the high school and not his dental practice. There wouldn't be any additional traffic associated with the expansion, as he not increasing his practice. Motion Stevens made the motion to adopt staff report #KZC-98-3 as findings of fact and recommend that City Council grant the requested zone change from RA-1 to B4. Brenneman seconded. On a roll call vote, the motion carried unanimously in favor. Kalispell City -County Planning Board Minutes of Meeting of August 11, 1998 Page 3of 16 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 August 19, 1998 Glen Neier, interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Hammer Zone Change Request from RA-1 to B-4 Dear Glen: The Kalispell City -County Planning Board met on August 11, 1998, and held a public hearing to consider a request by William Neil Hammer for property located at 140 Fifth Street West. The applicant is proposing to change the zoning from the existing RA-1, Low Density Residential Apartment, to B-4, Central Business. This would allow him to expand his existing dental office on the property. 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 generally consistent with the master plan designation makes the existing non -conforming use conforming. At the public hearing, the property owner spoke in favor of the zone change, explaining that he intends to expand his office area, the waiting room and provide off-street parking. Two adjacent property owners spoke in opposition to the proposed expansion and expressed concerns about the inadequate parking in the neighborhood, traffic from the high school and safety risks to the nearby grade school. The Planning Board discussed the public testimony. A motion was made to adopt staff report #KZC-98-3 as findings of fact and forward a recommendation to approve the zone change from RA-1 to B-4. The motion passed on a vote of nine in favor, none opposed. Please place this matter on the agenda for the September 8, 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 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Hammer Zone Change August 19, 1998 Page 2 TFH / NW / eo Attachments: FRDO Report #KZC-98-3 w/application materials Draft minutes of 8/ 11/98 Planning Board meeting Exhibit A (legal description) c: w/Att: Theresa White, Kalispell City Clerk c: w/o Att: William Neil Hammer, 140 5th Street West, Kalispell, MT 59901 H: \... \TRANSMIT\KALISPEL\ 1998\KZC98-3 EXHIBIT A WILLIAM NEB, HAMMER ZONE CHANGE FROM RA-1 TO B-4 Legal Description The North 17 feet of Lot Seventeen (17), and all of Lot Eighteen (18), Block Eighty-seven (87) of Kalispell, Montana, according to the plat therof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. WrLLIAM NEIL HAMMER ZONE CHANGE REQUEST FROM RA-1 TO B-4 FRDO STAFF REPORT #KZC-9803 AUGUST 4, 1998 A report to the Kalispell City -County Planning Board the Kalispell City Council regarding a zone change request. A public hearing has been scheduled before the Kalispell City - County Planning Board for August 11, 1998, beginning 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 applicant is proposing to amend the Kalispell Zoning Map by rezoning an approximate 10,000 square foot parcel from an RA-1, Low Density Residential Apartment zoning district to B-4, a -Central Business zoning district. A. Petitioner and Owners: William Neil Hammer 140 Fifth Street West Kalispell, MT 59901 (406) 755-6680 B. Location and Legal Description of Property: This property is located on Fifth Street West between First Avenue West and Second Avenue West in Kalispell. The property address is 140 Fifth Street West. The property can be described as the north 17 feet of Lot 17 and Lot 18 , Block 87 of Kalispell Original located in Section 18, 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-4, the Central Business District. There are no minimum lot size requirements for this zoning district and no setback requirements. Currently Dr. Hammer has a dental office on the property and would like to do an expansion. Under the existing zoning, this expansion would not be possible. E. Size: The area proposed for rezoning contains approximately 10,000 square feet. F. Existing Land Use: The property owner currently has a dental office on the property where he operates his business. He intends to expand his business and provide additional parking. He is currently unable to make the desired changes to the building because the office use is non -conforming in the RA-1 zoning district. G. Adjacent Land Uses and Zoning: This property is in an area which has a primarily residential character. Properties to the north, south and west are single family while the property to the east is multi -family. North: Residential, B-4 zoning East: Multi -family residential, RA-1 zoning South: Single family residential, RA-1 zoning West: Single family residential, B-2 zoning H. General Land Use Character: The general land use character of this area is residential. It lies in a transition area between a commercial core of Kalispell's central business district and the established residential area on the west 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: The B-4 zoning district does not have minimum lot size requirements. The current office use is non -conforming. Rezoning the property to B-4 will bring the property into conformance with the zoning and allow the property owner to make the modification he desires. 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 have 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. i. Does the requested zone comply with the Master Plan? The Kalispell City -County Master Plan map designates this property as a transition area between the commercial downtown core and high density residential. The proposed zone change is in general compliance with the master plan land use designation. 2. Is the requested zone designed to lessen congestion in the streets? Access to the property is from Fifth Street West. This is a City street in generally good condition. Insignificant additional traffic might be generated from this property if the office is expanded. Any additional traffic would not significantly impact the traffic in the area. The roadway system in the area is adequate to handle any additional traffic which might be generated from this property. 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 in an area which can be easily served by police, fire or emergency vehicles because of its good access. There is water, sewer and stormdrain systems in the area which are adequate to accommodate any additional impacts which might be generated from the expansion or redevelopment of this site which may take place. There are no obvious hazards to the public associated with this property. 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 and in an area which is an established commercial area, this rezoning is a reasonable and appropriate use of the property. Furthermore, there is an office use already established on the property. It is unlikely this would convert to a residential use because of the substantial investment already made in the property for a commercial use. 5. Will the requested zone provide for adequate light and air? There is an existing structure on the property which will continue to occupy the site. There could be potential impacts to the property to the south because there are no setback requirements in the district. 6. Will the requested zone prevent the overcrowding of land or undue concentration of people? There is no minimum lot size for the proposed B-4 zoning on this property. Potential subdivision for this property is limited because of the existing building and the parking requirements associated with the current use. It is unlikely that this zone change would result in overcrowding or the undue concentration of people in this area. 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 the commercial use which currently exists or might develop. Adequate provision of services can be met on this property for commercial development. 3 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? The master plan designates this property as a transition area between commercial and high density residential on the plan map. The property to the north is zoned commercially even though there is a residential use. The office use currently on the property proposed for rezoning is a non -conforming use and any modifications which can be made to the building area limited. The building fits well with the other uses in the area and any modifications or expansions to the existing building would not be out of character with other uses in the area. The transitional nature of this area make this rezoning a reasonable request. 9. Does the requested zone give reasonable consideration to the character of the district? The character of the area is generally residential in character, but with time should transition to a more office and/or commercial area. The downtown area is within a couple of blocks from this site. The current use is unobtrusive because of the architectural style of the building. Expansion of or modifications to the buildings would not significantly alter the character of this building nor unduly impact the character of this area. 10. Will the proposed zone conserve the value of buildings? Rezoning this property to a district which would make the existing building conform with the zoning would further conserve the value of the building. It does not appear that the rezoning would significantly effect the value of other buildings in the area. 11. Will the requested zone encourage the most appropriate use of the land throughout the jurisdiction? - The rezoning request generally complies with the master plan map designation as a transition area. The existing use of a small office building accomplishes the transition between the commercial areas to the north and east with the residential areas to the south and west. Access to the site is good and full public services are available. The proposed zoning would make the existing building a conforming use and thereby provide some security and predictability for the property owner and residents in the area It appears that this rezoning would encourage the most appropriate use of this property and the use of land in the planning jurisdiction. •uv„# a - Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt FRDO staff report #KZC-98-3 as findings of fact and recommend to the Kalispell City Council that the requested zone change from RA-1 to B-4 be granted. H: \... \KZC98-3.RPT 51 APPLICATION William Neil Hammer, DMD 140 Sth Street West Kalispe[L Montana 59901 755-6680 J U L - 1 1998 ; To whom it may concern; F. R D. O. I would like to expand the physical size of my office located at 140 Sth St. W. This office has been a dental office since it's construction in 1960. The property falls into the border of the RA-1 zone and expansion is not permitted for a non -conforming use. The property is adjacent to the B-4 zone which includes dental offices. I would like to have my property included in the B-4 zone to allow me to expand and to bring the property into compliance with the present use. Sincerely William Neil Hammer Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fa= (406)758-5781 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 1. NAME OF APPLICANT: �✓1G�� AAJ / 64k"0 +ev+ 2. MAIL ADDRESS: / Yd I-A`Z 3. CITY/STATE/ZIP:i -- T" ' PHONE:'? 5- 4. INTEREST IN PROPERTY:%y'` 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: APPLICATION ,ViA_TE-�:AL A. IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: / Y� Sf 4 5 LA" Iry e l/ B. Legal Description: ko t' l 7 /i/ 1-7 4., f / /S to c - $ 7 (Lot and Block of Subdivision; Tract #) /8 - Z$- 2./ (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: M-1 D. The proposed zoning of the above property is: 13' Y E. State the changed or changing conditions that make the proposed amendment necessary: i6r.rs4--vs! A,SIVe61 lvr" er 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 w�l�Lt. e></J�s jo•d -c3 � f 3 �� e ••�' hawk l'�so C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration -of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities to H. Giving reasonable consideration to the character of the district I. Giving consideration to the peculiar suitability of the property for particular uses �,Gi3i�r%/9 �csrT�v�S iS /vim/ - cd-v&— -A j� 7412, �O.* as •-+d1� .2v �t/1 �v q • .�.c.Caiyod��t %S'�9 Amy i � �o 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) (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 classifidations, 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.....................................................................$650.00 D. The application must be accepted as complete by the FRDO staff thirty (30) days prior to the date of the meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: 1. Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 2. A map showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title report of the subject property. 0 • 1FA ZrIm CERTIFICATION APPLICANT: WM. NEIL HAMMER RA-1 to B-4 FRDO FILE #: KZC-98-3 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the property lines of the property that is the subject of the application. Date: Assessor's S-T-R Lot/Tract Property Owner No. No. & Mail Address SEE ATTACHED LIST APPLICANT WILLIAM NEIL HAMMER 140 5TH ST WEST KALISPELL MT 59901 SUBJECT PROPERTY /�p L A L 07 11 tJ 1-1' q- LO T I Ej� C r- a�l O F 1�-d.t-tSPELt_ TRACT # ASSESSOR # OWNER/ADDRESS 13/ak8 01y0 Soo he'-1y t-1v$";*9 Lof ( /.z4 �9cwre D2 Lrsr 2 N'/Z /�•� t, j�i►� t S 9 Yo / - 2 3 Y y O 2 78 7 5 Cry SY y R .�o< i4'�. r w !� l sr c! /, .., r c0 Y 410 I Q SN 3 N 4, /2 0 7/ ?O D G g� 8 s'<Y 02 .78 7S p l�sotu, s�7'' SYao ��tspf 074 V700 ,psw�!/ty E /�of4r S 4. !l c CL a L.C-T 3 S 12.5' 8 Ko l•S�c 6/ , h-r7- S' 9'gp) Q 40 54. o� 3 D00 � /lJd K P f vim, iYo .c/ 88 TY6 ;Lee AutsP u- 4o 1, s re !i, `r 7 - A/x/l 9 1 &/q cle, JYlaVc.� �f �" 9 o28g1,2s �4o�ab.Neysfosac Se�.YJcr cow (J o p La*�1 D ? 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L- to 5S 7 S' L�*t_tSPEt_�- GCS L s,,.e-G// n-c7 - S'P40 /� 9-I C0 Rob4 ,,, 6"',v aLy- &o At�ISPELt► /�,�c<q•v /Vo 5-8 S"yo5 9 4/ocl( a$ ossyggo ay�a,,, SAZS4,.V-AJ G4.cKER4n#-4 �IISPECI. /Gr• G.s,•e N, r VT "eel i Oct i/ 6-7 7t6srn/ 'd E MAQfgAeET ANNE SM►,�1 S^O/ 7*-cl 64vt w aL>✓ $ 8 K� <,S /s-e Gl �t PEt�I. T4c i% wcz tvcy 7,�7" CO t � s 2Y �33 �Jbc,�vy coa�� .� �LtSPEC.L y ifob Cckm--Gt Revor- oG/z A-m xv 7'y.=,a >b /Icot C AJ Po 7 .-- L. _ L -1 -7- 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, August 11, 1998, beginning at 6:00 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 William Neil Hammer for a zone change from RA-1, Low Density Residential Apartment, to B-4, Central Business District. The property proposed for rezoning is located on the southeast comer of Fifth Street West and Second Avenue West. The property address is 140 Fifth Street West and contains approximately 10,000 square feet. The property can be described as the north 17 feet of Lot 17 and Lot 18, Block 87 of Kalispell Original located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana 2. A request by Jackola Engineering for Pack and Company and ValleyDome L.L.C. for annexation into the city of Kalispell and initial zoning of B-2, General Business, with a Planned Unit Development (PUD) overlay. The purpose of the annexation and the PUD is to facilitate the development of a multi -purpose sports coliseum and shopping center. The property proposed for annexation and the PUD is generally located on the southeast corner of Highway 93 and West Reserve Drive and contains approximately 60 acres. The property can be described as Assessor's Tracts 3A, 3D, 3E and 4C in Government Lots 1 and 2, located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana To the Board of County Commissioners: 3. A request by William and Bronwen Dean for a zone change from R-1, Suburban Residential, a rural residential district which has a one acre minimum lot size requirement for newly created lots, to I-lH, a Light Industrial - Highway district which has special performance standards for highway oriented industrial uses. The property proposed for rezoning is in the Willow Glen Zoning District and lies on the south side of Highway 35 west of Helena Flats Road in Evergreen. The property proposed for rezoning contains approximately five acres and can be described as Assessor's Tract 6F located in Section 3, 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. 1► ./IL � � w ...ice Thomasj