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06. Ordinance 1539 - Zone Change - Three Mile Professional, LLCTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityQu centu rytel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Three Mile Professional, LLC Zone Change Request from R-5 to B-1 North Meridian Road MEETING DATE: May 15, 2005 BACKGROUND: This is a request by Three Mile Professional, LLC for a change in zoning from R-5, Residential / Professional Office, to B-1, Neighborhood Buffer District. This property lies at the northwest corner of Three Mile Drive and North Meridian. Road. The combined acreage of the lots contains approximately 3.479 acres. The owners intended to develop several office buildings on these lots for lease or rent purposes. One of the primary reasons the applicants are requesting this zone change is because the B--1 zone allows more than one primary use on a single parcel and the R-5 zoning district does not. The Kalispell City Planning .Board held a public hearing on April 19, 2005. During the public hearing the applicants explained the need for the zone change and their plans for developing the property and anticipated uses. No one else spoke either in favor or in opposition to the request. After the public hearing, the board discussed the proposal and the potential impacts to the area as a result of the rezoning and found the request reasonable. A motion was passed on a unanimous vote to forward a recommendation to the city council that the change in zoning from R-5 to B-1 be granted. RECOMMENDATION: A motion to adopt the first reading of the ordinance approving the zone change from R-5 to B- l would be in order FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATES: As suggested by the city council. Respectfully submitted, Narda A. Wilson,`- es lea 'ck Senior Planner City Manager Report compiled: May 11, 2005 c: Theresa White, Kalispell City Clerk TRANSMIT/ KALISPELL/2005KZC€35-2MEMO,DOC Providing Community Planning Assistance To: City of Kalispell d City of IVhitefish • City of Columbia Palls ORDINANCE NO. 1539 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOTS 1A AND 2A OF THREE MILE DRIVE CORNER OF THE AMENDED PLAT OF NORTHWEST TRACTS AND LOT 1 OF THREE MILE DRIVE CORNER IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-5, RESIDENTIAL/ PROFESSIONAL OFFICE) TO CITY B-1 (NEIGHBORHOOD BUFFER DISTRICT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Three Mile Professional, LLC; Point Professional Building, LLC, and JC Family Partners, LLP, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be rezoned B-1, Neighborhood Buffer District, and WHEREAS, the property is located on the northwest corner of Three Mile Drive and North Meridian Road, and WHEREAS, the petition of Three Mile Professional, LLC, et al, was the subject of a report compiled by the Tri-City Planning Office, #K7-C-05-2, dated April 12, 2005, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Buffer District, as 7'Pq Ut-..4gf-d by thP. n,-f t'nn `airs WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned B-1, Neighborhood Buffer District, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Buffer District, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and 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 TCPO as set forth in Report No. KZC-05-2. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as B-1, Neighborhood. Buffer District. 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. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF TUNE, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (4061751-1850 Fax: (406) 751-1858 t ri dg [ate c e n to ry t o i._n e t www.tricityplanning-mt.com May 11, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Three Mile Professional, LLC - Zone Change Request from R-5 to B-1- North Meridian. Road Dear Jim: The Kalispell City Planning Board met on April 19, 2005 and held a public hearing to consider a request by Three Mile Professional, LLC for a change in zoning from R-5, Residential / Professional Office, to B-1, Neighborhood Buffer District. This property lies at the northwest corner of Three Mile Drive and North Meridian Road. The combined acreage of the lots contains approximately 3.479 acres. The owners intended to develop several office buildings on these lots for lease or rent purposes. One of the primary reasons the applicants are requesting this zone change is because the B-1 zone allows more than one primary use on a single parcel and the R-5 zoning district does not. Narda Wilson, with the Tri-City Planning Office presented staff report KZC-05-2 and evaluated the proposal. The staff recommended approval of the zone change request based on the fact that the use zoning districts are similar in nature and the area is generally developing with offices. Additionally, there is B-1 zoning directly to the south and east of this site so the zoning is consistent with other zoning in the area. During the public hearing the applicants explained the need for the zone change and their plans for developing the property and anticipated uses. No one else spoke either in favor or in opposition to the request. After the public hearing, the board discussed the proposal and the potential impacts to the area as a result of the rezoning and found the request reasonable. A motion was passed on a unanimous vote to forward a recommendation to the city council that the change in zoning from R-5 to B-1 be granted. Please schedule this matter for the May 16, 2005 regular city council meeting. You may contact this board or Narda Wilson at the Tri--City Planning Office if you have any questions regarding this matter. Providing Community ]Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Zone Changes — Three Mile Professional, LLC Mal 9, 2005 Page 2 Sincerely, Kalispell City Planning Board George Taylor President GT/ma Attachments: Staff report KZC-05-2 and application materials Draft minutes 4/ 19/05 planning board meeting c w/ Att: Theresa White, Kalispell City Cleric c w/o Att Three Mile Professional, LLC, Point Professional Building, LLC, J.C. Family Partners, LLP; Thomas, Dean and Hoskins; 31 Three Mile Drive, Ste 101, Kalispell, MT 59901 TRANSMIT\ KALISPEL,20054KZC-05-2 THREEMILE THREE MILE PROFESSIONAL LLC REQUEST FOR ZONE CHANGE FROM R-5 TO B-1 TRI-CITY PLANNING OFFICE STAFF REPORT #KZC-05-2 APRIL 12, 2005 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a zone change request from R-5 to B- 1. A public hearing has been scheduled before the planning board for April 19, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The applicants are proposing to amend the Official Kalispell Zoning Map on several parcels from the existing R-5, a Residential /Professional Office, to B-1, a Neighborhood Buffer District. A. Petitioner and Owner: Three Mile Professional, LLC Point Professional Building, LLC J.C. Family Partners, LLP Thomas, Dean and Hoskins 31 Three Mile Drive, Ste 101 Kalispell, MT 59901 (406)751-5246 B. Location and Legal Description of Property: The property proposed for rezoning lies at the northwest corner of Three Mile Drive and North Meridian Road. The combined acreage of the lots contains approximately 3.479 acres and can be described as Lots 1A and 2A of Three Mile Drive Corner of the Amended Plat of Northwest Tracts and Lot 1 of Three Mile Drive Corner in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Nature of Request and Proposed Zoning: The properties are being proposed for rezoning to B-1, Neighborhood Buffer District, which has a minimum lot size requirement of 7,000 square feet. This district is intended primarily as an office district to allow certain commercial and professional office uses where such uses are compatible with adjacent residential areas. This district should serve as a buffer between residential areas and other commercial districts and is not intended to accommodate businesses that require outdoor display, sale or storage of merchandise. The owners intended to develop several office buildings on these lots for lease or rent purposes. One of the primary reasons the applicants are requesting this zone change is because the B-1 zone allows more than one primarily use on a single parcel and the R-5 zoning district does not. D. Size: The area proposed for rezoning contains approximately 3.479 acres of land and is comprised of three contiguous lots. 7 E. Existing Land Use: These properties are currently under development with an office building on Lot 1 of Three Mile Drive corner and Lot 2A of the amended plat of Three Mile Drive Corner. The buildings and parking areas are fairly new hearing been constructed within the last two years. All of the parking, setbacks and landscaping requirements for both the B-1 and the R-5 zoning district have been met. F. Adjacent Lased Uses and Zoning: North: Auto repair shop and undeveloped, B-1 zoning East: Undeveloped, R-4 zoning South: County fairgrounds, P-1 zoning West: Office complex and restaurant, B-2 zoning G. General Land Use Character: The general land use character of this area is a mix of residential, office, auto oriented businesses, general commercial and retail. There are some residences in the area that have not transitioned to higher intensity uses. There are also some higher intensity commercial uses in the area which make this a true mixed use area in character. H. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Natural Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell I. Relation to zoning requirements: With regard to lot size, the property meets the minimum lot size requirement of 7,000 square feet for lots within both the R- 5 and the proposed B-1 zoning districts. The property has some limited subdivision potential but a plat has already been filed and is pending for the creation on one additional. lot. The new buildings on the properties comply with zoning with regard to lot size, parking, setbacks and building height. Furthermore, the Montana Department of Transportation has acquired the necessary right-of-way for the upgrade of North Meridian Road. The property is in compliance with the proposed zoning. Reaction of Nearby Property Owners A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, no comments in favor or in opposition had been received by the staff. 2 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. 3. Does the requested zone comply with the Master Plan? This area is within the boundaries of the Kalispell Growth Policy 2020 which anticipates this area to develop as an Urban Mixed Use Area. This designation anticipates a mix of multi -family, limited commercial and light industrial, offices and other compatible uses. The proposed zone change can be considered to be in substantial compliance with the goals and policies of the growth policy and the manner in which this area is anticipated to develop. 2. is the requested zone designed to lessen congestion in the streets? The uses allowed under the proposed B- I may potentially generate slightly more traffic than those allowed under the existing R-5 zoning. However, the zoning districts are essentially very similar and are intended for office uses. North Meridian Road is a minor arterial and is scheduled to be upgraded very soon.. Some additional traffic aright be generated as a result of the expansion of allowable uses for this site, but the additional traffic generated as a result of this zone change would be insignificant in the context of the volumes of traffic currently using North Meridian Road. 3. Will the requested zone secure safety from fire panic, and other dangers? Access, fire suppression and circulation in the area are adequate to secure the area from fire, panic and other dangers which might compromise the safety of the public. Rezoning will not affect the risk and safety factors which might be associated with this property. 4. Will the requested char e rom.ote the health and eneral welfare? The health and welfare of the community would not be compromised as a result of rezoning this property since it is consistent with other uses in the area and the new zoning is similar in nature and types of use as the zoning on the property that is currently in place. There would otherwise be an insignificant impact on the general health and welfare of the community with regard to the rezoning of this property. S. Will the re uested zone rovide for ade uate light and air? Adequate light and air would be provided since the existing and new building will comply with the setbacks, building height, parking requirements and development standards of the district. The buildings and subsequent uses will not impact the need for adequate light and air. 6. Will the requested zone prevent the overcrowding -..of land or undue concentration of people? The rezoning would provide a greater flexibility in the uses but the overall density of the area would not be significantly changed with the proposed B-1 zoning for this property. 7. Will the requested zone facilitate the adequate provision, of trans,�ortation, water, sewerage, schools arks and other public requirements? All public services and facilities are available to this site such as fire protection, police protection, schools, parks and recreation and a good transportation. system. Adequate services can be provided to accommodate the development of these lots. 8. Does the requested zone..give consideration to the particular suitability of the property for particular uses? Currently this property is being developed with office uses and the rezoning would allow more than one primary use on the property or in other words, multiple office buildings which is not allowed under the current R-5 zoning. The character of the area will not be changed by allowing more than one office on the a single parcel since the rezoning is consistent and compatible with other zoning and uses in the immediate area. The requested zone change gives adequate consideration to the suitability of the property for uses allowed in the B-1 district. 9, .Does the requested zone give reasonable consideration to the character of the district? The character of the area is a mix residential, commercial, business, and some light industrial. It is likely that this area will continue to transition to a more commercial area in general because the volumes of traffic currently on North Meridian Road diminish it's desirability as a single family residential area, which it was in the past. This area continues to be developed and transitions from residential to offices and limited commercial. uses. The requested zone is consistent with the uses in the area. 10. Will the proposed zone conserve the value of buildings? The value of buildings in the area would be generally unaffected by this change in zoning. The uses planned for this would be consistent with the buildings, property size, parking availability and location. The anticipated office uses would be consistent and compatible with other buildings and uses in the area which are primarily offices, limited commercial and residential in nature. 4 11. Will the requested zone encourage the most a ro riate use of the land throughout the jurisdiction? The plan for this area designates the area as Urban Mixed Use and anticipates a mix of limited commercial and industrial uses, multi -family residential and office type uses. The zoning in the area and the requested zoning are consistent with the anticipated development in this area. The proposed zoning encourages an appropriate and reasonable use of land in the area and throughout the planning jurisdiction. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KZC-OS-2 as findings of fact and recommend to the Kalispell City Council that the requested zone change from R--S to B-1 be granted. x: \... \xzc\05\Kzc05-2 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ZONING MAP AMENDMENT CITY OF KALISPELL NAME OF APPLICANT: Three Mile Professional, LLC Point Professional Building,LLC and J.C. Family Partners, LLP MAIL ADDRESS: Thomas Dean & Hoskins 690 N. Meridian Suite 101 CITY/STATE/,ZIP: Kalispell, MT 59901 PHONE:406-752-5246 INTEREST IN PROPERTY: Owners PLEASE COMPLETE THE FOLLOWING: A. Address of the property: 33,...31 and 29 Three Mile Drive and 1170 N. Meridian B. Legal. Description: (Subdivision Name, Lot & Block and/or Tract Number (Section, Township, Range) See attached title reports (Attach sheet for metes and bounds) C. Land in zone change (ac) 3.479 Acres D. The present zoning of the property is: R-5 Residential ZProfessional Office E. The proposed zoning of the above property is: B-1 Neighborhood Buffer F. State the changed or changing conditions that make the proposed amendment necessary: North Meridian is in transition from residential to mixed use. The zone change would not significantly alter the permitted uses and acknowledges transition. HOW WILL THE PROPOSED CHANGE ACCOMPLISH[ THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy Kalispell's Growth Policy designates the area as Urban Mixed Use (offices, residential, limited commercial and industrial). The proposed change is consistent with the Growth Policy designation. I B. Lessening congestion in the streets and providing safe access Congestion is a function of land uses. The proposed change is not a significant change in land use and would therefore not be a source of increased traffic. The area is fronting on Meridian and Three Mile Drive, both of which will be reconstructed in the next year. Accesses to the subject lots have been approved by the City and MDOT as part of the project. As the sites undergo redevelopment revisions to the approaches, they will be reviewed to promote safe access. C. Promoting safety from fire, panic and other dangers It is typical for parcels undergoing re -zoning and redevelopment to also undergo remodeling or new construction. Old structures were in most cases constructed before the City's adoption and enforcement of Building Codes. New or remodeled structures on the parcels will have to comply with current codes. Codes are adopted to protect the occupants and adjoining property. The re -zone will promote a greater level of safety from fire and panic, et al.. D. Promoting the public interest, health, comfort, convenience, safety and general welfare Areas west of Meridian and Three Mile Drive are undergoing suburban residential growth. As the new developments are occupied, the residents will place a greater demand on the existing services. Providing an area designated for neighborhood commercial closer to the users is a convenience, reduces travel time, spreads the traffic over a larger area and overall promotes the neighborhood concept. E. Preventing the overcrowding of land The zoning ordinance provides safeguards in the form of setbacks, lot coverage limitations, parking and landscape requirements, and height limitations which prevent the overcrowding of land F. Avoiding undue concentration of population Limitations imposed by the Growth Policy Plan and Zoning are intended to encourage the population to locate in areas with the infrastructure to service the population. The subject area is served by public water and sewer. Meridian Road is an urban highway and Three Mile Drive is a collector. The infrastructure is in place to provide the needed service to support the uses allowed in the zone. Regulations such as building codes limit the occupancy of structures. Overcrowding may occur if there are more people in a structure than can be safely accommodated. The zoning regulations and other enforceable codes adopted by the City will insure the site is not overpopulated. 2 G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities Redevelopment of the site from residential to a neighborhood business area may decrease the overall population and the reliance on the infrastructure of the residents. New uses, which are more business related will generate a greater tax base without placing an increased burden on the needed. services. The increase in tax revenues will facilitate the operation of the City and its provision of services. H. Giving reasonable consideration to the character of the district In this area there is currently a convenience store, UPS facility, dental office, environmental lab, accountant, and telecommunications office. Uses allowed in the B-1 are compatible with the uses of the area. The area has been transitioning from residential to a mixed -use area. Numerous residences have been converted to professional offices. Older residences have been demolished and small offices constructed. The requested zone is representative of the changing nature of the area. Uses allowed in the neighborhood business area are compatible with the existing uses. I. Giving consideration to the peculiar suitability of the property for particular uses Prior to the recent acquisition and construction of a professional office building, the house was an office and the remainder of the site was vacant. Proposed uses are consistent with prior and current use. The site is level and has excellent access to Three Mile Drive. There are no limitations which would hinder the uses allowed in the neighborhood business zone. J. Protecting and conserving the value of buildings Adequate area exists to allow the construction of new office / professional space without affecting the existing house/office. Development on the site has provided paved parking for the office which is actually an improvement over the gravel area used for parking. The existing structure's value may be improved by the additional parking. K. Encouraging the most appropriate use of land by assuring orderly growth Uses in the area are changing from a traditional residential area on the perimeter of Kalispell to a mixed use area well inside the urbanized area. The entire area will continue to transition as the function of Meridian and Three Mile evolve to major urban. collectors. The continuance of a strict residential area in a location which currently has significant traffic volumes is not in character with appropriate land use planning. 3 The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during approval process. Three Mile Professional, LLC Pointe Professional Building, LLC � f J Family Partnership, LLP i &- z t�3' (Date) (Date) (Date) �l I 31 m 14 6BR 23 22 21 41 241 2 7 13 6BS 63SA 9 11 12! 13 6 3 IT, to XB N 10 4 17 11 7 16 12 6B 6BI 6 UB( -A I L`6 B BIA 7 15 141 13 HHA 6 BH' cm 2 3 4 5 6 1 2 31 2,6BG 8 VICINITY MAP SCALE 1" = 300' THREE MILE PROF. LLC, POINT PROF. BLDG LLC, & J.C. FAMILY PARTNERS, LLP REQUEST FOR A ZONE CHANGE FROM R-05, RESIDENTIAL PROFESSIONAL OFFICE TO B-1 NEIGHBORHOOD BUFFER DISTRICT ON APPROXIMATELY 3.4 ACRES PLOT DATE. 3/10/05 --It' W7C-nr)-2 H:\gis\.site\kzcO6-2.dwg Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, 'Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(a centurytel.net MEMORANDUM TO: Kalispell City Staff Other Interested Parties FROM: Narda A. Wilson, Senior Planner RE: April 19, 2005 — Kalispell Planning Board Special Meeting DATE: March 22, 2005 These items will go before the Site Development Review Committee in the Kalispell Building Department on the following dates: • March 31 -- Initial Review • April 7 - Staff Comments Please Note: Not all of the projects listed will warrant your consideration or comments -- only those within your applicable area of jurisdiction or review. Final Comments BY: April 12, 2005 so that they can be incorporated into the staff report for the April 19, 2005 public hearing. Please bring your comments to the above referenced site review committee meetings) or submit your comments in uniting or by phone, prior to April 12, 2005 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852 or e-mail at tricitynarda(a7cer:turytel.net. 1. A request by DEV Properties for a change in zoning from. R-3, Urban Single Family Residential, to R-S, Residential / Professional Office on approximately 2.06 acres. The property is located at the east side of Fifth Street East between Seventh Street East and Eighth Street East. This is the Courthouse East property and a Planned Unit Development (PUD) for a mixed use project has been filed concurrently with this request. The property address is 723 Fifth Avenue. 2. A request by DEV Properties for a mixed use Planned Emit Development (PUD) on approximately 2.06 acres. The proposal includes 28 apartments, appro.Xdmately 20,000 square feet of office space, approximately 1,600 square feet of retail and an approximately 2,000 square foot community room.. The property address is 723 Fifth Avenue East and is known as "Courthouse East." It is located on the: east side of Fifth Avenue East between Seventh Street East and Eighth Street East. It is the developer's intent to rehabilitate the existing building and redevelop the site. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls , City of Whitefish RefenaIs KPB 4/ 12/05 mtg March 22, 2005 Page w 3. A request by Three Mile Professional, LLC for a change in zoning from R-5, Residential / Professional Office, to B-1, Neighborhood Buffer District, an. approximately 3.479 acres. The property is located at the northwest corner of Three Mile Drive and Meridian Road and can be described as Lots IA and 2A. of Three Mile Drive Corner of the Amended Plat of Northwest Tracts and Lot 1 of Three Mile Drive Corner in Section 1, Township 28 North, .Range 22 West, RM-TVL, Flathead Coursty, Montana. 4. A request by Mayne E_ Turner for an amendment to the preliminary plat for Empire Estates Phases 4 through 6 to convert 21 single fanaEy lots to 34 townhouse lots on approximately 18.815 acres. The property is located at the northeast corner of Three Mile Drive and Stillwater Road. The property can be described as a portion of Assessors Tract 3 located in Section 1, Township 28 North, Range 22 Nest, P.M.M., Flathead County, lOMon.tania. S. A request by the City of Kalispell for an amendment to the Kalispell Zoning Ordinance to incorporate architectural design standards that would apply to all new development in the city of Kalispell except single family and two family residences. The purpose of the architectural design standards is to ensure a high quality of development that complements and contributes to the community. If you need additional information resarding anv of these items. please call me. Thank you for taping the time to review and comment on these items. c: w/ attachments: F. Ray Rufatto, Fire Dept. Mike Baker, Parks and Rec James Patrick, City Manager PJ. Sorenson, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jinn. Hansz, Public Works Director Andrew Sorenson, Assistance City Engineer Sandy Wheeler, Community Redevelopment Susan Moyer, Community Deveiopment Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney CERTIFICATION APPLICANT: Three Mile Professional, LLC, Point Professional Building, LLC, & J. C. Family Partners, LLP TCPO FILE NO: KZC-05-2 I, the undersigned certify that I did this date mail via First Class mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property that is requesting a zone c nge. Dates r S-T-R: 11-28-22 Lot/Tracts# Lot 1A and Lot 2A of Lot 2 of the Amended Plat of Three Mile Drive Corner, and a portion of Lot 20, Block 1, Northwest Tracts Lot 1 of the Amended Plat of Three Mile Drive Corner Property Owner/Mail Address: Three Mile Professional, LLC, Point Professional. Building, LLC & J. C. Family Partners, LLP c/o Thomas, Dean & Hoskins 690 North Meridian, Ste 101 Kalispell, MT 59901 AND ATTACHED LIST Thomas, Dean & Hoskins J. C. Family Partners, LLP Shirley Anderson 690 N. Meridian, Ste 101 115 Buffalo Stage 51 Three Mile Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 MONTBILL Corporation. Michael & Zino. Dr .esdow Ricky & Kathleen Dey AD% BT-OH, LLC 41 Three Mile Drive 237 Rosewood Drive P.O. Box 28606 Kalispell, MT 59901 Kalispell, MT 59901 Atlanta, GA 30358 Melodi Gower Ronald Barnes Kathryn Viano Rev Trust 1175 N. Meridian Read ISO Cty Hills Landing, NW #101 255 Rosewood Drive Kalispell, MT 59901 Calgary, AB Canada T3K 5P3 Kalispell, MT 59901 Three Mile Professional, LLC Cath McKinley Living Trust Derald &. Eileen Hutchens 690 N. Meridian., Ste 210 P. O. Box 9534 247 Rosewood Kalispell, MT 59901 Kalispell, MT 59904 Kalispell, MT 59901 Three Mile Court, LLC Steven & Beverly Heger AD°/a Dale Crosby Newman Robert Putman Rev Trust 249 Rosewood Drive P.O. Box 7366 Kalispell, MT 59901 # I Main StreetKalispell., MT 59901 Kalispell, MT 59904 Pointe Professional Bldg, LLC Joseph & Beverly Sankovic Rudolph & Ames Stefanatz 690 N. Meridian, Ste 210 233 Rosewood Drive 11 I Northwest Lame Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Janelle Haines Timothy Birk Todd Conrad AD% Janelle Gentry Dale Crosby Newman 259 Rosewood Drive 1090 N. Meridian # 1 Maim. Street Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Douglas &Marilee Wood Michael & Mark J. McIntyreNancy Knaff Donna L. White 107 Rainbow Drive P.O. Box 318 12231 Shiloh Kalispell, MT 59901 Lakeside MT 59922 Road Anchorage, AK 99516 Centur—Tel of Montana, T146 Attn: Robert D. Rash P.O. Box 1600 Rowlett, TX 75030 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION April 19, 2005 The special meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, April 19, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda. items. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by DEV Properties for a change in zoning from R-3, Urban Single Family Residential, to R-5, Residential / Professional Office on approximately 2.06 acres_ The property is located at the east side of Fifth Street East between Seventh Street East and Eighth Street East. This is the Courthouse East property and a Planned Unit Development (PUD) for a mixed use project has been filed concurrently with this request. The property address is 723 Fifth Avenue East and can be described as Lots 1 through. 12, Block 203, Kalispell Addition 3 and Assessors Tract A, the abandoned alley ,in Section. 17, Township 28 North, Range 21 West, P.M.M., Flathead County; Montana_ 2. A request by DEV Properties for a mixed use Planned Unit Development (PUD) on approximately 2.06 acres. The proposal includes 28 aparterzts, approximately 20,000 square feet of office space, approximately 1,600 square feet of retail and an approximately 2,000 square foot community room. The property address is 723 Fifth Avenue East and is known as "Courthouse East." It is located on the east side of Fifth Avenue East between Seventh Street East and Eighth Street East. It is the developer's intent to rehabilitate the existing building and redevelop the site. The property can be described as Lots 1 through 12, Block 203, Kalispell Addition 3 and Assessors Tract A, the abandoned alley, in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Three Mile Professional, LLC for a change in zoning from R-5, Residential / Professional Office, to B-1, Neighborhood Buffer District, on approximately 3.479 acres. The property is located at the northwest corner of Three Male Drive and Meridian Road and can be described as Lots 1A and 2A of Three Mile Drive Corner of the Amended Plat of Northwest Tracts and Lot 1 of Three Mile Drive Corner in Section. 1, Township 28 North, Range 22 West, P,M-M., Flathead County, Montana. 4. A request by Wayne E. Turner for an amendment to the preliminary plat for Empire Estates Phases 4 through 6 to convert 21 single family lots to 34 townhouse lots on approximately 18.815 acres. The property is located at the northeast corner of Three Mile Drive and Stillwater Road. The property can be described as a portion of Assessors Tract 3 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by the City of Kalispell for an amendment to the Kalispell Zoning Ordinance to incorporate architectural design standards that would apply to all new development in the city of Kalispell except single family and two family residences. The purpose of the architectural design standards is to ensure a high quality of development that complements and contributes to the community. Documents pertaiaing to t ('� se agenda items are on fie for public inspection at the Tzi-City Planning Office, 17 Second Street Fast, Suite 211, Kalispell, Mi T 59901, and are available for public review dur�n.g regular office hours. Interested persons are encouraged to attend the Hearing and make their views and concerns known to the Board. W_-dtten comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of :qe hearing, or you may contact Narda Wilson, Senior Planner at (406) 731-I850 or e-mail her at t~icitvr,arda(2 ,,center vtel.net for a.ddit loaaal informa-tion. Thomas R. Jentz Planning Director PUBLISH: Legal Notices Daily later Lake Sunday, Apr-U 3, 2005 BILL: Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell MT 59901 Note: This office is acting as an agency of the City of Kalispell, and should be billed at the City's contract rate. No. 9240 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION April 19, 2005 The special meeting of the Kalispell City Plan- ning Soard and Zoning Commission is sched- uled for Tuesday, April 19, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- lispell. The planning board will hold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request by DEV Properties for a change in zoning from R-3, Ur- ban Single Family Resi- dential, to R-5, Residen- tial/Professional Office on approximately 2,06 acres. The property is located at the east side of Fifth Street East be- tween Seventh Street East and Eighth Street East. This is the Court- house East property and a Planned Unit De- velopment (PUD) for a mixed use project has been filed concurrently with this request. The property address is 723 Fifth Avenue East and can be described as Lots 1 through 12, Block 203, Kalispell Addition 3 and Assessors Tract A, the abandoned alley ,in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, 2. A request by DEV Properties for a mixed use Planned Unit Devel- opment (PUD) on ap- proximately 2,06 acres. The proposal includes 28 apartments, approxi- mately 20,000 square feet of office space. ap- proximately 1,600 square feet of retail and an approximately 2,600 square foot community room. The property ad- dress is 723 Fifth Ave- nue East and is known as "Courthouse East." It is located on the east side of Fifth Avenue East between Seventh Street East and Eighth Street East. It is the de- veloper's intent to reha- bilitate the existing building and redevelop the site. The property can be described as ots 1 through 12, Block 203, Kalispell Addition 3 and Assessors Tram A, the abandoned alley, in Section 17, Township 2g North, Range 21 `,Atact P n.a nA Ml t3-c A 3.A request by Three Mile Professional, LLC for a change in zoning from R-5, Residential/Professional Office, to B-1, Neighbor- hood Buffer District, on approximately 3.479 acres. The property is located at the northwest corner of Three Mile Drive and Meridian Road and can be de- scribed as Lots 1A and 2A of Three Mile Drive Corner of the Amended Plat of Northwest Tracts and Lot 1 of Three Mile Drive Corner in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 4. A request by Wayne E. Turner for an amend- ment to the preliminary plat for Empire Estates Phases 4 through 6 to convert 21 single family lots to 34 townhouse lots on approximately 18.815 acres. The prop- erty is located at the northeast corner of Three Mile Drive and Stillwater Road. The property can be desch- bed as a portion of As- sessors Tract 3 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, 5. A request by the City of Kalispell for an amendment to the Kalis- peli Zoning Ordinance to incorporate architec- tural design standards that would apply to all new development in the city of Kalispell except single family and two family residences. The purpose of the architec- tural design standards is to ensure a high quality of development that complements and con- tributes to the communi- ty Documents pertaining to these agenda items are on file for public in- spection at the Tri-City Planning Office, 17 Sec- ond Street East, Suite 211, Kalispell, NIT 59901, and are availa- ble for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and con- cerns known to the Board. Written com- ments may be submit- ted to the Tri-City Plan- ning Office at the adove address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Pfanner at (406) 751-1850 or -- mail her at t ric ity rta rd a @ centu ryte 1. net for additional infor- mation, STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN TIC CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 9240 LEGAL ADVERTISMENT WAS PR ,;TED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY TBEREOF ON THE DATES OF APR 3, 2005 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FO THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this AD APR 4, 2005 Notary Public for the State of Montanha� . � Residing in Kalispell My Commission expires 9/11I05 IsfThomas.R. Jentz Thomas R. Jentz Planning Director April 3, 2005.