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07. Ordinance 1298 - Pine Zone Change - 1st ReadingORDINANCE NO. 1298 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 CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY Y2,-STER FLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Stanley W. Pine, 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 RA-3, Residential Apartment/Office, and WHEREAS, the property as described exists as property surrounded to the North by Residential, R-3 classification, to the East by Residential, R-3 classification, to the South by vacant, common area and retail/commercial/office uses within the Buffalo Commons PUD zone, and to the West by Single family residential, R-3 classification, and WHEREAS, the petition of Stanley W. Pine was the subject of a report compiled by the Flathead Regional Development Office, #KZC- 98-4, dated November 2, 1998, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned RA-3, Residential Apartment/Office, 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 RA-3, Residential Apartment/Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-3, Residential Apartment/Office, 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-98-4. K:\wp\ord\pinezc.wpd 1 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 RA-3, Residential Apartment/Office. 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 21ST DAY OF DECEMBER, 1998. Wm. E. Boharski, Mayor ATTEST: Theresa White Clerk of Council B:\wp\ord\Pinezc.wpd 2 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 November 25, 1998 Glen Neier, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Stanley Pine Zone Change Request from RA-1 to RA-3 Dear Glen: The Kalispell City -County Planning Board met on November 10, 1998, and held a public hearing to consider a request by Stanley Pine for a zone change from RA-1 Low Density Residential, to R�k-3 Residential Apartment/Office on property located on the corner of Indian Trail and US Highway 93 in Kalispell. This would allow the owner to develop the property with a medical clinic. The area proposed for rezoning contains approximately 13,738 square feet. Steve Kountz of the Flathead Regional Development Office evaluated the proposal based upon the statutory criteria and recommended approval of the requested zone change. At the public hearing, the property owner and Bruce Lutz of Sitescape Associates spoke in favor of the zone change. Nine neighbors living in Parkview Terrace spoke in opposition to the zone change. They cited concerns about the unsafe intersection turning onto Indian Trail Road, the small size of the lot, and the change of character in the neighborhood from residential to commercial. The Planning Board discussed the public testimony. Board member Stevens and Bahr stated that a small medical clinic would have less of an impact than a residential 4-plex. A motion was made and seconded to adopt staff report #KZC-98-4 as findings of fact and forward a recommendation to approve the zone change from RA-1 to RA-3. The motion passed on a vote of six in favor and none opposed. Please place this matter on the agenda for the December 21, 1998 regular City Council meeting. Please contact this board or Steve Kountz at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely, Kalispell City -County Planning Board Milt Carlson Vice President MC/SK/sm Providing Community Planning Assistance To: Glen Neier Re: Stanley Pine Zone Change November 25, 1998 Page 2 of 2 Attachments: RDO Report #KZC-98-3 w/application materials Draft minutes of 11/10/98 Planning Board meeting Exhibit A (legal description) c: w/Att: Theresa White, Kalispell City Clerk c: w/o Att: Stanley Pine, 22 2nd Avenue West, Kalispell, MT 59901 Bruce Lutz, Sitescape Assocs., PO Box 1417, Columbia Falls MT 59912 H: \ ... \ TRANSMIT\ KAUSPEL \ 1998 \ Kzc98-4 nity Pwrorw Kalispell, Mt We live at 261 Fwview Dr., Kallslxql, Montam We have reskled at V* address skice April of 1979. We are for te rezoning of 11-e lot at ftv ?jnction of US Kghvmy 93 WW Indian Trail. We are for this rezoning fbr Uv bkwing reasons; 1) the construcbon o( a medical at Ns loc� vA be a business OW compliments Vv adocert area at Buffalo C4ffvnons. 2) we prefer no additional muft-und residerms in ff* am& 3) =-rsb� a( residences Mat dose to the h4wovy would pmba* be unaftmctNe because of ft highway noim Sime", Randall L Brooks Diane M. Brooks 261 Farview Dr. Kalispell, Mt 59W1 We, the undersigned property owners in the impacted area, oppose changing the zoning of the property at the corner of Indian Trail and Hwy 93 from R-1 low Density Residential to R-3 Apartment/Commercial. This zoning change consideration is in direct conflict with the covenants and nature of the residential community established in 196& We believe that this zoning change would be detrimental in the following ways: 1. Covenants maintained since 1 W bounding the proposed area on three sides reflect the desire of the community to be residential. In 1997. Northwest Healthcare endorsed these values by providing a green space buffer on the Northwest comer in their own plans for the Buffalo Commons development. 2. This change will decrease property vak;es for established home owners. 3. Traffic access to the property from Ffg way 93-would imperil motorists, since it would be abrupt, and unsafe. This is due to I* downhill grade, and the highway speeds combthed with winter driving conditions on Hwy 93. The heavily battered reinforced concrete and steel posts on the median of Indian Trail is a mute testimony to the danger of traffic making a right turn from Hwy 93 during the winter. Without that median, we would have lost many lives and suffered much more property damage to motorists and homeowners. 4. Traffic access to the property from Indian Trail would imperil the children of the neighborhood by increasing the traffic or forcing illega U-tums. The median in the center of Indian trail would force traffic through the neighborhood by forcing a right hand turn. Motorists would either travel through the neighborhood's winding roads past a park used by many children or execute an illegal U-tum at the intersection of Indian Trail and Rising Sun Circle. Since this intersection is about 20' west of the crest of a steep hl, everyone, inducting motorists, pedestrians and property owners, is imperiled. RemovtV the median is not an option, since it has saved many Wes by protecting people entering the highway in the winter from people who are attempting to make the right turn to Indian Trail at highway speeds on a downhill_c rade and under icy conditions. 5. long wheel base service vehicles such as trash collection or fire protection services would have a difficult time safely accessing the property due to medians on Indian Trail and the conditions of Hwy 93. 6. There is no room for parking for a six unit apartment complex or commercial facility. If the land is strictly apartment structure and parking lots, what will chldren do that move into the f6clity. Play baseball in the parking lot next to Hwy 93? This is unsafe for motorists and for the kids. It is the wrong thing to do. This property has been listed for sale for the Last 16 months. No one, including the Northwest has been interested in buying it for terms proposed as either single family or duplex. Maybe the solution to everyone's problem is that the city to zone ft as park, buy the Land, and incorporate it with greenspace so generously provided by Northwest. We require that you, the zoning board, reject this proposal of rezoning this property. It is dearly the wrong thing to do A PETITION OPPOSING THE ZONING CHANGE PROPOSAL PAGE 2 11 /5 Shawn and Beverty Montgomery - 101 Indian TraW 406-257-3616 YAP" i r:sip i ►� C1C,OrL 7�Z-6�cc ti 'Isi� -7 55/5 -�s-�.s-- //- C�t✓Z` Is- 1- s v a 3 ez STANLEY PINE FLATHEAD REGIONAL DEVELOPMENT OFFICE ZONE CHANGE REPORT #KZC-984 NOVEMBER 2,1998 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from RA-1 to RA-3. A public hearing -has been scheduled before the planning board for November, 10, 1998 beginning at 6:00 PM in the City Hall Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION A. Petitioner: Technical Assistance: Stanley W. Pine 22 Od Av. W., 2200 Kalispell, MT 59903 Sitescape Associates P.O. Box 1417 Columbia Falls, MT 59912 B. Size and location: The parcel proposed for rezoning is 13,738 square feet (0.315 acres) in size. The parcel is located at the southeast comer of Indian Trail Rd. and Highway 93 North. A legal description of the property is attached in Exhibit A. C. Existing zoning: The existing zoning is RA-1 Low Density Residential Apartment, which requires a minimum lot size of 6,000 square feet for a duplex and 3,000 square feet per additional dwelling unit. RA-1 zoning would allow up to a four-plex as a conditional use on the site. D. Proposed Zoning: The proposed zoning is RA-3 Residential Apartment / Office. The amendment would allow the site to be used for clinics, professional or governmental offices, or pharmacies as permitted uses, which are not allowed in the RA-1 district. The amendment would also change the minimum lot area to 7,000 square feet for a duplex and 1,500 square feet per each additional dwelling unit, thus allowing up to a six-piex on the lot. E. Existing Land Use: The site is vacant. F. Adjacent Land Uses and Zoning: The site is along the boundary between a commercial and a residential area. The site abuts a built -out single family neighborhood to the north, east, and across the highway, but the property is also situated at the north end of the medical/office complex surrounding the hospital. The land south of the site along the highway was recently subdivided and zoned to allow retail, offices, and other commercial uses within the Buffalo Commons PUD. North: Indian Trail Rd., single family houses, R-3 zoning East: Single family houses, R-3 zoning South: vacant, common area and retail/commercial/office uses within Buffalo Commons PUD zone West: Highway 93, single family houses, R-3 zoning G. Utilities and Public Services: Sewer. City of Kalispell Water. City of Kalispell Refuse: City of Kalispell Electricity: Pacific Power and Light Telephone: Centurytel Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell H. Relation to zoning requirements: The site would comply with the lot size and lot width requirements of RA-3 zoning. The parcel is undeveloped, so the land use, setback, and height requirements of RA- 3 zoning are also met. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303 and 76-2-305, M.C.A. The application is evaluated in accordance with the zoning criteria described by 76- 3-304, M.C.A. Does the requested zone comply with the Master Plan? The site is designated as "urban residential' land on the master plan map, which generally anticipates a lower density than is allowed under residential apartment zoning. This site, however, already has RA-1 zoning; and the highway frontage south of the site, which is also designated as "urban residential" land on the plan map, was rezoned to allow retail, offices, and other commercial uses within the Buffalo Commons PUD. The master plan, adopted in 1986, is in the process of being updated. The current draft of the plan update anticipates the addition of small areas of multi -family housing and neighborhood business districts within urban residential areas. The draft plan also designates the mixed -use hospital complex south of the site as one of the priority growth centers in the community, and the office uses allowed by RA-3 zoning would provide for gradual expansion of this medical/office complex 2. Is the requested zone designed to lessen congestion in the streets? Access to the property is suitable for RA-1 or RA-3 zoning. The intersection of Indian Trail Rd. and Highway 93 has no traffic light and, as a result, already experiences occasional congestion during peak periods, particularly in turning left onto the highway where sight distance is limited by the crest of the hill. The proposed rezoning would provide for a minor to moderate increase in traffic generation onto that intersection, depending on the eventual land use. This intersection is already a primary access point for Parkview Terrace, a relatively large residential subdivision. The site would have access onto Indian Trail Rd., which is preferable and would contribute less to highway congestion than an individual driveway approach onto the highway. The lot frontage on Indian Trail Rd. is wide enough that an approach can be installed to allow left turns onto the street without modifying the streefs existing landscape median. The Buffalo Commons development to the south has more suitable commercial access than this site, via a secondary commercial street system -and a highway intersection controlled by a traffic light. 3. Will the requested zone secure safety from fire, panic, and other dangers? Access, fire suppression and circulation in the area are adequate to secure the area from fire, panic and other dangers which might compromise the safety of the public. No unusual impacts of the rezoning on public safety or emergency services are anticipated. New construction will be required to comply with the Uniform Fire Code and the appr►cable building codes. 4. Will the requested change promote the health and general welfare? The rezoning would provide for gradual expansion of the medical/office complex surrounding the highway. The change from RA-1 to RA-3 would be a relatively minor increase in land use intensity. The site is generally suitable for development under either RA-1 or RA-3 zoning, and the available infrastructure and public services are generally adequate to accommodate such development. No significant impacts on public health are anticipated. 5. Will the requested zone provide for adequate light and air? No significant impact is anticipated. The RA-1 and RA-3 districts have comparable building height and setback requirements which provide for light and air between buildings. 6. Will the requested zone prevent the overcrowding of land or undue concentration of people? The rezoning would provide for gradual expansion of the medicalloffice complex surrounding the highway. The change from RA-1 to RA-3 would be a relatively minor increase in land use intensity. The site is generally suitable for development under either RA-1 or RA-3 zoning, and the available infrastructure and public services are generally adequate to accommodate such development. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to this site such as fire protection, police protection, schools, parks and recreation and suitable street access. The change from RA-1 to RA-3 would be a relatively minor increase in land use intensity. The available infrastructure and public services are generally adequate to accommodate development under either RA-1 or RA-3 zoning. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? The site is generally suitable for development under either RA-1 or RA-3 zoning. No significant environmental constraints are apparent on the site. RA-3 zoning would allow the development option of li nied commercial uses, which would be less affected by highway noise. 9. Does the requested zone give reasonable consideration to the character of the district? The site is along the boundary between a growing medical office complex and a built - out single family residential area. The rezoning would be inconsistent with the adjacent single family neighborhood to the north, east, and across the highway. On the other hand, the change in land use intensity between RA-1 and RA-3 is relatively minor, and the offices uses allowed under RA-3 are generally considered compatible in multifamily residential areas. The rezoning would be consistent with the land use pattem set by the recently approved Buffalo Commons Subdivision, which locates retail, offices, and other commercial uses along the highway on land just south of the site. The Buffalo Commons Subdivision does include a 100-€oot wide open space buffer area along its north boundary abutting the subject site, which would substantially mitigate potential impacts on future residential use of this site. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. No comments from neighbors have been received as of this writing. 10. Will the proposed zone conserve the value of buildings? No significant impact on property values is anticipated. As noted above, the rezoning would be inconsistent with the adjacent single family neighborhood; but the change in land use intensity between RA-1 and RA-3 is relatively minor, and the offices uses allowed under RA-3 are generally considered compatible in multifamily residential areas. 4 11. Will the requested zone encourage the most aQorogdate use of the land throughout the iudsdiction? As noted above, the rezoning would be inconsistent with the map designation of "urban residential" on the existing master plan map, but it would be substantially consistent with the current draft of the plan update and with the land use pattern set by the recently approved Buffalo Commons subdivision just south of the site. As measures to control suburban sprawl, the draft plan anticipates the add -lion of small areas of multifamily housing and neighborhood business districts within urban residential neighborhoods, and the draft plan also designates the mixed -use hospital complex south of the site as one of the priority growth centers in the community. The office uses allowed by RA-3 zoning would provide for gradual expansion of this medical/office complex. RECOMMENDATION Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt FRDO staff report #KZC-98-4 as findings of fact and recommend approval of the requested zone change from RA-1 to RA-3. H:�.AKZC198\KZC98-4 Exhibit 8 Stanley W. Pine Zone Change A tract of land situated, lying, and being in the East Half of the Northeast Quarter (E1/2, NE1/4) of Section One, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana and more particularly described as follows: Commencing at the East Quarter comer of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana; thence North 1 °39' East along the East boundary line of Section 1 a distance of 1361.81 feet to a found monumented comer, said point being the Southeast comer of Government Lot 1, Section 1, and also being the True Point of Beginning; thence North 1 °39' East along the East boundary line of Section 1 a distance of 113.38 feet to a found monumented comer, said point Ming on the Southerly right-of-way boundary line of Indian Trail Road; thence along said Southerly boundary line of Indian Trail Road the following two courses: South 59050' West a distance of 20.00 feet to a found monumented comer, and South 89050' West a distance of 116.27 feet to a found monumented comer, said point being on the Easterly right-of-way boundary of U.S. Highway No. 93; thence South 00023'17" West along said Easterly right-of-way boundary a distance of 103.33 feet to a set rebar; thence North 890 50' East a distance of 131.00 feet to the Point of Beginning. Subject Parcel, Certificate of Survey No. 5699. 6 I 31 cv�.�. �''"' PARKW�+A 9 N 10 18`17 i s6 / 4 41 13� /z ei 8 ; 2 3 4 it; i �'Al 1 cR 5 SK ' . Lot 1 6/6 7 22 5 8 4 21 2 4 81 20 3 1 a 4 10 9 ts 33 11 10 1s s 3 8 M 2 5 t 212 t1 1 17 O'NEIL 4 t 113 t2 17 16 i 1 7 13 1 i 3 co, 15 1 p INDLO T1?AIL t4 15 C c 1 2 .3 < R 6 2\ T NPRT}00 c 1 14 1 20 , SUiU14A'T +,� i 12 19 ti 171, 18 \ 9 12 '" ' ^ MON AREA PFi 2 3K 1 — 2w 11 K 10 wu4 . S AY 9a 8 DCE 7ETH + 7ETc+ 7 5 3 Z CCuuCNS +oc= o 4 BtFALO 3 gL 0 7E—H- L KALISF= 3 ADv 1 2 �0R� 2 VC 15A 7�iH- 7ET CO P 1 1 A CCNl�CNS WAY 1 7 1 RESa B. CCVW:% AREA L23 82 7ETH+ 2� 3 ��� 9 o t 3 1.20 1 23A 27 ,ELK ti r 1 _ �7 1 1Vu N1TYMA STANLEY". W. PINE ZONE CHANGE REQUEST FROM RA-1, LOW DENSITY RESIDENTIAL APARTMENT, TO RA-31 RESIDENTIAL APARTMENT/OFFICE A KALISPE4 ZONING DISTRICT FILE# KZ`C-98-4 crAT.V t " — qnn' nAz io/ia7te Z tegcape Associates LrAxiff ^rctitacu" Lanr MAM04 Site nrtiwyvie urban D"W Graphics On.re F. Lutz AZLk PA. 5=1417 365 Cvf Cox" Drkov Columbia Fsle, Morin 59M rho= 406-a92-3492 FAc 406-M-OW7 E-Mart blu 0cyberpoit,net June 8,1998 To: Kalispell Planning Board and the Kalispell City Council Attn: Steve Kountz Regarding: Zone Change R guest, KA-1 to RA-3, Pine Property Corner of Indian Trail and U.S. 93 Tract 20CD, Section 'L T28N, R22W, Flathead County Kalispell, Montana Dear Board and Council Members: On behalf of Stan Pine, we respcctfully submit the attached request for a zone change for the above -mentioned property. The owner requests a change from the existing RA-1 zone to an RA-3 zone. In 1995, this property was granted a conditional use permit to allow for an attached four unit residential development. Current market trends suggest that the lot is more viable as a professional or medical office use combined with a residential use. In ✓his case it would be typical for the office use to occupy the walk-in level and the top floor to accommodate a single residence. We feel that this proposed use and zone is compatible with the mixed -use trend of development supported by the recent approval and development of adjacent Buffalo Commons and proposed updates to the Kalispell Area Master Plan. Thank you for your attention. Please feel free to contact me if you have any questions regarding this application. Sincerely, Bruce F. Lutz A.S. Member of the American society of Landxape Arrliiteete Flathead Regional Develo Ot' M 723 Sth Avenue, East, Room 414 Kalispell, Montana 59901 Phone:(406) 756"930 Fax:(406)7S8-S7$1 PETITION FOR ZONING AMENDMENT KALISPELL ZONING JURISDICTION 1. NAME OF APPLICANT.- Stanley W. Pine 2 MAIL ADDRESS: 22 2nd Avenue West, Suite 2200 3. CITY/STATEJZ/P. Kalispell, Montana 59903 PHONE.- 755-7395 4. INTEREST IN PROPERTY.- Owner 5. ZONING MAP AMENDMENT- RA-1 to RA-3 ZONING TEXT AMENDMENT. NA 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? NA IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property. B. Legal Description. Comer of Indian Trail Rd. and U.S. 93, no address established Tract 2DCD (Lot and Block of SubdMsion. Tract #1) NE 1/4 of Section 1, T28N, R221N. See Attached (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is. D. The proposed zoning of the above property is. RA-1, Kalispell City Zone RA-3, Kalispell City Zone E. State the changed or changing conditions that make the proposed amendment necessary. The applicant requests that the Planning Board and City Council consider the zone change to allow for a mixed use building accomodating a medical clinic and(or) professional office on the ground level and a single residence on the second level of a proposed structure on the property. This combination of uses is permitted in the RA-3 District- HOW WILL THE PROPOSED CHANGE ACCOMPUSH THE INTENT AND PURPOSE OF: A Promoting the Master Plan: The master plan indicates the area is in transition from urban residential to high density residential. The applicant requests a RA-3 Zone which vn'll allow for RMential and Professional Office and/or Medical Clinic. The adjacent Buffalo Common Development is a mixed -use PUD with cosfnmercial, residential and office uses. The requested zone change will be compatible with development trends in the vicinity. B. Lessening congestion in Me streets and prvv>dng safe access. - The proposed zone change may generate slightly more traffic during business hours but much less traffic during evening hours and weekends. This is in comparison to the approved use of this lot for a conditional use of four attached housing units in 1995. - C. Promofing safety from fire, panic and other dangers. No change from RA-1 D. Promoting the public interest, health, coml ort, convenience, safety and general welfare: No change from RA-1 E. Preventing the overcrowding of land: The requested zone change will have the effect of slightly increases use during working hours and greatly decreases use during evening and weekend hours. F. Avoiding undue concentration of population: See above. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities: Slight decrease or equal impact compared to current zone. The impact to schools would probably be much less compared to the approved conditional use under RA-1 for the property. 2 H. Giving reasonable consider� to the wader of the district: The land use transition occurirg adjacent and to the south of this property suggests that the trend towards mixed use is appropriate in this area. L Giving consideration to the particular sofa bOy of the property for parfcular uses: The subject property is in an excellent lotion to take advantage of the permitted uses allowed in the RA-3 zoning dis;trkl. J. Protecting and conserving the value of b . The change from RA-1 to RA-3 should not cause any measurable degradation to the values of any surrounding structures or development. - K Encouraging the most appropriate use of lard by assuring orderly growth. The compatibility of the proposed zone with development trends to the south and with the current development and transitions occuring in residential and institutional development to the north east and west, the subject property should be a good fit within the neighborhood as an RA-3 infill. 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 3 12-Oct-98 Date planning and that the Planning Board supports the easement. Johnson second. On a roll call vote; Heinecke, Bahr, Stevens, Johnson, and Hines voted aye; Carlson abstained. The motion to approve Staff Report FCE-98-5 passed on a 5-0 vote. PISK Carlson introduced a request by Greg Pisk for a proposed 97 acre CONSERVATION conservation easement located along Foys :.ake R,)a'. .d Lakeshore EASEMENT Drive west of Kalispell. Staff Report Kountz presented Staff Report FCE-98-6 stating the conservation easement would be for approximately 97 acres located along Foys Lake Road and Lakeshore Drive, surrounding and including Lower Foys Lake. Kountz said staff recommended that the Board find the easement would further the goals of the Kalispell City -County Master Plan and endorse the easement. Discussion and Kountz said a letter from received from James Hansz addressed Recommendation potential conflicts or inconsistencies in the easement itself, not the master plan. Heinecke asked if the easement were adopted whether it would go to the City Council. Kountz said no, only the Planning Board will look at it and make a recommendation on whether it complies with r-he master plan. Kountz said editing changes within the easement will, be made by Montana Land Reliance. Motion Bahr moved that the easement would further the goals of the Kalispell City -County Master Plan and that the board authorize the Planning Director to act on the Board's behalf by stating to the Montana Land Reliance that the conservation easement will further the goals of long range planning and that the Planning Board supports the easement. Heinecke seconded the motion. On a roll call vote; Carlson, Garberg, Heinecke, Bahr, Stevens, Johnson and Hines voted ave. The motion passed on a vote of 6-0. Mr. Carlson requested that the Board allow item #3 of the public hearing be moved to item # 1 as per a request by Mr. Pine. There was no opposition. PINE ZONE CHANGE The first public hearing was introduced by Carlson on a request by Stanley W. Pine for a zone change on 0.315 acres from RA-1 Low Density Residential Apartment to RA-3, Residential Apartment Office on property located at the corner of Indian Trail Road and U.S. Highway 93 in Kalispell. Staff Report Kountz gave a detailed presentation of Staff Report #KZC-98-4. Staff recommended that the requested zone change from RA-1 to RA-3 be approved. Public Hearing: Proponents Stan Pine spoke in favor of the project, saying he had been contacted by a doctor who wants to put a medical clinic on the property. Pine Kalispell City -County Planning Board Minutes of the meeting of November 10, 998 Page 2 of 10 said the changes between RA-1 and RA-3 were minimal, and the property was not part of hospital property. Pine said a medical clinic would be less of an impact than a 4-plex. Pine said the hospital had no objections to a medical clinic, there is a need for one. Pine read a letter in favor of the zone change from Randall and Diane Brooks of 261 Fairview Drive. Bruce Lutz, landscape architect, spoke in favor saying they were requesting a small single -practice clinic on the site which would be 1800 sq. ft., with 12-13 parking spaces. Lutz said the lot is 13,000 sq. ft. and that only 6,470 sq. feet would be developed, the rest would be landscaped. Lutz said the property was adjacent to the hospital PUD, but the project was not in Parkview Terrace. Lutz said the use may generate more traffic but in the evenings, on holidays and weekends the clinic would create less of impact than a residential project. Opposition Beverly ?Montgomery, 1 I 1 Indian Trail Road, spoke against the project stating the increased traffic does affect her. Montgomery said she also had concerns with multi -family uses in the neighborhood, access from Hwy. 93 and the speed from turning off the highway. Montgomery said a commercial is inconsistent with the neighborhood. Shawn Montgomery, 111 Indian Trail, said he was a neighbor on the east side of the proposed project. Montgomery read a petition signed by 1 I people opposed to the project; and asked that the Board deny the request. Montgomery also referred to Condition 1 of the staff report saying it was not in keeping with covenants of the subdivision; he also submitted photos of the median and traffic hitting the posts due to the speed coming off the highway and making a right turn. Dean Potter, 113 Indian Trail, spoke in opposition saying the lot was too small except for a single family home and that the traffic speed was too fast. He said the previous zone change should not have been allowed. Dave Logan, 119 Indian Trail, said he was representing the architectural committee. He said the traffic speed was too fast. He asked how the traffic would get onto Indian Trail without making a right turn. he said a light was needed at this intersection. He had concerns regarding the lot size, and that a 4-plex and single-family would encroach into Buffalo Commons; that the original intent of Parkview was single-family residences. Logan said the project would diminish his property value. Logan said Board had ignored the residents in the past and would like to rebut the Board's discussion. Dixie Smith, Rising Sun Circle, said she lived across the street from the property and that the traffic was dangerous coming onto Indian Trail. Smith said she would not mind seeing a residence across from her, but not a commercial establishment. Kalispell City -County Planning Board Minutes of the meeting of November 10, 998 Page 3 of 10 Chuck Spagel, 57 Rising Sun Circle, said he has seen accidents happen by the meridian and that traffic lights would keep him from getting out on the highway. .Angel Sotto, 201 Indian Trail Road, said she feels this is not the right use for the area. Carolyn Brise, 107 Indian Trail Road, concurs with what everyone - else had said regarding the zone change. Board Discussion Stevens asked Pines if this was 1,800 sq. ft. Pines said it would be about 1,800-2,000 sq. ft., less than a 4-plex. Stevens asked if he had any rebuttal to the opposition . Pines said he understood their concerns but the zone change was not commercial; he said it would be a minimal change and that a small medical complex would have less impact than a 4-plex. Pine said access will be from Indian Trail through Parkview Terrace. Pine also said he had offered the property afford to the hospital but the hospital turned it down; he could not to keep the property as it is. Johnson asked if it was part of Parkview Terrace. Pines said no, the property had never been part of the subdivision. Heinecke asked about the highway access onto Indian Trail. Pine said access was onto a county easement onto Indian Trail. Heinecke asked about the PUD in an RA-1 zone. Pines said staff recommended going to RA-3 because it did allow for a medical clinic. Kountz said clinics are a permitted use in an RA-1 zone if adjacent to a hospital. Johnson asked Lutz about the setbacks. Lutz said the setbacks would be driveway or landscaping. Stevens said it reminded him of O'Neil's property and the fear of commercial being close and that commercial is sometimes less intrusive. Steven said a small clinic would be better than a 4-plex and that the traffic would increase anyway. Johnson asked Logan of the architectural committee if he was speaking for the whole committee. Logan said he was speaking for himself and his wife. Logan said he wanted someone to represent them other than the developer or builders and that the Board had always gone with developer. Carlson said the traffic had always been a problem, but the Board could not do anything; he said City Council may realize how dangerous it is. Johnson said it was not the function of zoning to handle traffic but that it was a City Council duty. He said no matter what was built there, the exit would also be there. He also said the project would have to go through site review, and that would be hard. Kalispell City -County Planning Board Minutes of the meeting of November 10, 998 pnon Q of to Bahr said he lives in Northridge which has medical offices, and the residences cause more traffic. Bahr also said the lot is unique and is not suitable for residence; the clinic would be it's best use and would be less obtrusive than a 4-plex or medical office. Motion Bahr moved to adopt staff report KZC-98-4 as findings of fact and recommend approval of the zone change from RA-1 to RA-3; Johnson second the motion. On a roll call vote Carlson, Heinecke, Bahr, Stevens, Johnson, and Hines voted aye. The motion passed on a 6-0 vote. CRA-LON The second public hearing was introduced by Carlson on a request by ANNEXATION & Cra-Lon Corporation for initial zoning of RA-1, Low Density ZONING Residential Apartment, upon annexation of approximately one acre located at 440 College Avenue east of Kalispell. Johnson excused himself due to a conflict of interest. Staff Report Kountz gave a detailed overview of Staff Report #KA-98-6. Kountz said a 4-lot subdivision was also being proposed, with a 3-plex on one lot and a 4-plex on the other, which will go to City Council. Staff recommended approval and that the City Council adopt RA-1 on Lot 3 and the proposed subdivision and R-3 on Lot 4. Kountz said the applicant had no objection to the compromise in the zoning request. Kountz also said two letters in opposition were received. Public Hearing: Proponents Paul Stokes, representing the applicant, spoke in favor of the project and said he had no problem with the staff report and recommended conditions. Opposition Lolla Pauli, 404 Sylvan Drive, stated her opposition to the zoning. Flovd Pauli, 404 Svlvan Drive, said there was water on part of the property- and that if it's filled the bank on the north would get small. He stated the property was not large enough for the project. Thomas Marks, 401 Sylvan Drive, spoke in opposition. He submitted letters from the Johnsons', at 504 Sylvan Drive, stating their opposition. He read letters from Diane Lamers, 33 East Wyoming, and Melody Haines, 429 College Avenue who also expressed their opposition to the project. Bonnie Sponger, 345 College Avenue, said she was concerned that her property will be flooded if the project goes through. She also stated the s-curve is dangerous, and there was no visibility or parking. She said the zoning will ruin the character of the neighborhood. Tony Loiacono said it was a very private and unique area. He expressed his concerns regarding the pillaging that is starting to Kalispell City -County Planning Board Minutes of the meeting of November 10, 998 Page 5 of 10