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10. Resolution 4809 - Preliminary Plat - Kirk SubdivisionTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitygcenturytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT G.R. Kirk Subdivision Preliminary Plat - North Side of Second Street West MEETING DATE: July 7, 2003 BACKGROUND: This is a request by G.R. Kirk for preliminary plat approval of a six lot commercial subdivision is located between Meridian Road and the Burlington Northern railroad tracks north of Second Street West. Total area in the subdivision is 4.36 acres with the area in lots of 3.59 acres and area in roads 0.77 acres. The applicant is proposing annexation into the city of Kalispell and an initial zoning assignment of B-2, General Business, for the purpose of doing a six -lot commercial subdivision. Currently this property is residentially zoned, R-1, and is in the County zoning jurisdiction. The commercial subdivision will extend the existing Meridian Court to the south to connect with Second Street West. The property owner has a lot that fronts along Second Street West that is 50 feet wide which will provide the link between the roadway to the north and Second Street West. This short section of the new internal roadway extension for approximately 140 feet will need a variance from the 60 foot right-of-way requirements to 50 feet. The new internal roadway extension would otherwise be constructed to City standards and will create a grid street system in an area that currently has limited to non-existent access to the area. The water, sewer and storm drain systems would also be constructed in accordance with City standards. The roadway would be dedicated as a City street when the final plat is recorded. There will be lots on either side of the new roadway extension that will average just over one-half acre. Currently some small, dated and apparently unusable outbuildings exists on the property which will be removed at the time of development. The property is otherwise undeveloped. The character of the area can be described as a mix of commercial, residential and industrial. Center Street lies immediately to the east and provides a strong commercial anchor in the area. To the north is new commercial development with Lee's Meridian Business Park and some limited conforming and non -conforming commercial uses along Meridian Road. Established residential areas are predominate to the south. At the public hearing there was opposition to the proposed zoning and subdivision because of the potential impacts commercial uses could have on adjoining residential properties. They were also concerned about the close proximity of the road to a newly developing parcel which would place the house within five feet of the roadway. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • G.R. Kirk Subdivision June 18, 2003 Page 2 of 2 The planning board considered the application of initial zoning prior to consideration of the subdivision and are recommending that a B-1, Neighborhood Buffer District, zoning assignment be given upon annexation rather than the requested B-2, General Business. It was believed by the board and staff that this B-1 zoning designation would result in few impacts and conflicts with the residentially developed properties in the area. The board discussed the concerns of the neighbors and the proposed variance to the right-of-way at the southern leg of the new internal roadway. A motion was made and passed unanimously to grant the variance to the right-of-way requirements as proposed and to recommend approval of the subdivision subject to the recommended conditions. RECOMMENDATION: A motion to approve the variance request and preliminary plat subject to conditions would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 18, 2003 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter and Exhibit A (conditions of approval) Staff report KPP-03-7 and application materials Draft minutes from 6/10/03 planning board meeting H: \FRD0\TRANSM1T\KAL1SPEL\2002 \KPP-03-&MEMO.DOC RESOLUTION NO.4809 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF KIRK SUBDIVISION, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, G.R. Kirk Co., the owner of certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on June 10, 2003, on the proposal and reviewed Subdivision Report #KPP-03-7 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Kirk Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 7, 2003, reviewed the Tri-City Planning Office Report #KPP-03-7, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-03-7 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of G.R. Kirk Co. for approval of the Preliminary Plat of Kirk Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That subdivision shall be in compliance with the preliminary plat, which shall govern the general location of the lots, roadways and improvements. 2. The developer shall obtain a Certificate of Subdivision Approval from the Montana Department of Environmental Quality and obtain a letter from the Kalispell Public Works Department, which states that the water and sewer facilities have been reviewed and approved for compliance with the City of Kalispell's Design and Construction Standards. 3. That the internal roadway shall be designed and constructed in accordance with the City of Kalispell's Design and Construction Standards with the exception of the southern end of the roadway for which a variance to the right-of-way width has been granted to allow a 50 foot right-of-way for approximately 142 feet and a letter be obtained from the Kalispell Public Works Department verifying the construction. 4. That an engineered storm water management plan shall be designed in accordance with the Kalispell Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department prior to final plat approval. That a letter be obtained from the Kalispell Fire Department approving the fire access and suppression system for compliance with the Uniform Fire Code. 6. A note shall be placed on face of the final plat which establishes a no -access strip along the railroad tracks to the west. 7. That all new utilities for the subdivision be placed underground. 8. That the preliminary plat shall be valid for a period of three years from the date of its approval. 9. That the last 142 feet of the roadway be coordinated with the public works department and that the developer must create the least impact to lot 14 by moving it to the east. 10. That screening be placed on the southern boundary of the subdivision to screen the businesses from the residential area. SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF JULY, 2003. Pamela B. Kennedy Mayor __r*M Theresa White City Clerk EXHIBIT "A" Tract A of Lot 11, Tract A of Lot 12, Lot 13 excepting the East 188.1 feet, Lot 14 excepting the East 188.1 feet and Lot 15 excepting the East 188.1 feet of Hollister's Meridian Tracts and Lot 13, Block 1 of Meridian Addition all in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County. Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centur eLnet www.tricityplanning-mt.com June 18, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kirk Subdivision Preliminary Plat (Annexation & Zoning) - 6 Commercial Lots on 4.36 acres between Meridian Road and the Burlington Northern railroad tracts north of 2nd Street West Dear Chris: The Kalispell City Planning Board met on June 10, 2003, and held a public hearing to consider a request by G.R. Kirk for preliminary plat approval of a six lot commercial subdivision located between Meridian Road and the Burlington Northern railroad tracks north of Second Street West. Total area in the subdivision is 4.36 acres with the area in lots of 3.59 acres and area in roads 0.77 acres. The applicant is proposing annexation into the city of Kalispell and an initial zoning assignment of B-2, General Business, for the purpose of doing a six -lot commercial subdivision. Currently this property is residentially zoned, R-1, and is in the County zoning jurisdiction. Narda Wilson, of the Tri-City Planning Office, presented staff report #KPP-03-7 evaluating the proposal and recommending approval of the preliminary plat subject to the conditions outlined in the staff report. At the public hearing three people from the public spoke in opposition to the proposed zoning and subdivision because of the potential impacts commercial uses could have on adjoining properties. They were also concerned about the close proximity of the road to a newly developing parcel which would place the house within five feet of the roadway. After the public hearing the board considered public comment, the application and initial zoning prior to consideration of the subdivision. A motion was made and seconded to adopt staff report #KPP-03-7 as findings of fact and approve the Kirk Subdivision subject to the conditions as listed. After further consideration several amendments to the conditions were made as are reflected in Attachment A. These amendments dealt with adding Condition 9 that the last 142 feet of the roadway be coordinated with the public works department and that the developer must create the least impact to lot 14 by moving it to the east, and by adding Condition 10 that screening be placed on the southern boundary of the subdivision to screen the businesses from the residential area. Providing Community PIanning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Kirk Subdivision Preliminary Plat June 18, 2003 Page 2 of 2 The board also discussed the concerns of the neighbors and the proposed variance to the right-of-way at the southern leg of the new internal roadway. A motion was made and seconded and passed on a vote of 4 in favor and 2 in opposition. A motion was made then made to approve the preliminary plat subject to the recommended conditions as amended which passed unanimously. Please schedule consideration of this preliminary plat for the Kalispell City County meeting of July 7, 2003. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Boar s eo e for sident GT/ sm Attachments: Attachment A - Recommended Conditions of Approval Staff report KPP-03-7 and application materials Draft minutes 6/ 10/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: G.R. Kirk and Co., 2-1 St. Helens Ave., Tacoma WA 98402-2519 Paul J. Stokes 8v Associates, Inc., 343 First Ave. W, Kalispell, MT 59901 Brien Surveying, Inc., P.O. Box 160, Somers, MT 59932 H: \FRDO \TRANSMIT\KALISPEL\2003 \KPP-03-2.DOC Kirk Subdivision Preliminary Plat June 18, 2003 Page 3 of 3 ATTACHMENT A KIRK SUBDIVISION PRELIMINARY PLAT CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JUNE 10, 2003 1. That subdivision shall be in compliance with the preliminary plat, which shall govern the general location of the lots, roadways and improvements. 2. The developer shall obtain a Certificate of Subdivision Approval from the Montana Department of Environmental Quality and obtain a letter from the Kalispell Public Works Department, which states that the water and sewer facilities have been reviewed and approved for compliance with the City of Kalispell's Design and Construction Standards. 3. That the internal roadway shall be designed and constructed in accordance with the City of Kalispell's Design and Construction Standards with the exception of the southern end of the roadway for which a variance to the right- of-way width has been granted to allow a 50 foot right-of-way for approximately 142 feet and a letter be obtained from the Kalispell Public Works Department verifying the construction. 4. That an engineered storm water management plan shall be designed in accordance with the Kalispell Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department prior to final plat approval. 5. That a letter be obtained from the Kalispell Fire Department approving the fire access and suppression system for compliance with the Uniform Fire Code. 6. A note shall be placed on face of the final plat which establishes a no -access strip along the railroad tracks to the west. 7. That all new utilities for the subdivision be placed underground. 8. That the preliminary plat shall be valid for a period of three years from the date of its approval. 9. That the last 142 feet of the roadway be coordinated with the public works department and that the developer must create the least impact to lot 14 by moving it to the east. 10. That screening be placed on the southern boundary of the subdivision to screen the businesses from the residential area. zoning for this property should be B-2, General Business, on approximately 1 acre upon annexation to the City. BOARD DISCUSSION Norton asked Wilson about the proposed split of lot 10 so that Meridian Court will be extended to access the lot. Will that be the minor subdivision that will go to Council? Wilson answered that minor subdivisions do not come before the planning board, but they were showing them what it would look like. Wilson stated the Board did receive an email note from their office from Russ Heaton who stated that he has no opposition to the proposal, and that he owns a lot in Meridian Court. ROLL CALL The motion passed on a roll call vote with Hinchey voting against and Johnson being excused. KIRK INITIAL ZONING A request by G.R. Kirk for an initial zoning designation of B- UPON ANNEXATION 2, General Business, on approximately 3.6 acres located west of Meridian Road between Meridian Court and Second Street West upon annexation to the City of Kalispell. KIRK SUBDIVISION A request by G.R. Kirk for preliminary plat approval of a six PRELIMINARY PLAT lot commercial subdivision on approximately 3.6 acres. STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-12 AND KPP-03-7 presentation of staff report KA-03-12, a request for initial zoning upon annexation of approximately 3.6 acres located west of Meridian Road between Meridian Court and Second Street West. Wilson also gave a presentation of staff report KPP-03-7, a request for preliminary plat approval of a six -lot commercial subdivision that was filed concurrently with the annexation and initial zoning request. Wilson stated that this is the property to the south of the Scott's request and that it is 3.6 acres. She said that the Kirks and Scotts have coordinated development of their properties so that it provides an extension of Meridian Court. She said that the applicants are proposing that the City annex 3.6 acres with an initial zoning of B-2, General Business. She said that the property is currently zoned County R-2, Suburban Residential. The proposal is an extension of the existing commercial zoning to the north, which is zoned 1-2 in the County to the west (Stillwater Forest Products). She stated that even further to the east we may see office uses which transition to residential uses. She said that the Growth Policy designates this area as mixed use, B-2, and that it provides opportunities for a mix of uses including multifamily and that staff recommends B-2 upon annexation. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 1 I of 23 Wilson stated that there is a concurrent application for preliminary plat approval of a six lot commercial subdivision. This shows an extension of the Meridian Court roadway, down through a lot owned by the Kirks, which was purchased specifically for access. She said that if it weren't for lot 13, this property would be essentially landlocked and the roadway extension will provide a grid street system in the area and access to the lots. She said that this is a six lot commercial subdivision proposed for B-2 zoning, and that it will connect with Meridian Court and Second Street West. She stated that the lot which connects Second Street West and Meridian Court is approximately 50 by 142 feet, a standard city lot and that the new internal roadway will be extended and otherwise constructed to city standards, which will necessitate a variance from 60 feet of right of way to 50 feet of right of way for the 142 feet at the southern end of the roadway extension. She said that once the road is completed, it will be turned over to the city. She said that there is a mix of uses, including nonconforming, in the immediate area and there is a single family residence going up next door. Wilson stated that Wally Getz has the property at the north and south comers, and it is slowly being phased out. Mr. Getz is liquidating his assets and the comer has been cleaned up a bit. Wilson stated that the area is mixed uses and the B-2 zoning is not inconsistent. Wilson stated that water and sewer will be extended from Meridian Court to the southern terminus of the roadway. She stated that Lot 13 was specifically acquired to provide access to the site, there no impacts on agriculture, and the property does comply with B-2 zoning, but not the subdivision regulations, which has a minimum right of way requirement of 142 feet at the southern end of the property and will require a variance. Wilson stated that granting a variance would not be detrimental to the public heath, safety or general welfare, or injurious to adjoining properties. She said that the necessary improvements will be in place, but the roadway may need to be narrowed or a sidewalk placed on one side. She also said that parking would not be allowed on both sides of the street. Wilson said that an alternative would be a cul-de-sac, but that it would exceed cul-de-sac length limits which would require another variance. She stated that the lot is only 50 feet wide. She said there would be no substantial increase in public cost and the development does not vary any zoning standards or any standards in the growth policy. PUBLIC HEARING The public hearing was opened to those who wished to speak I on the issue. I APPLICANT/AGENCIES I No one spoke. I Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 12 of 23 PUBLIC COMMENT Kurt Hafferman, who is building a house adjacent to this property, stated that it is hard to find single family residential lots, and why are they entertaining opportunities to change zoning? He stated that he understands that people want to change their property, but he is primarily concerned with the secondary access through lot 13. He feels it would change the character of the existing neighborhood, create traffic in a residential neighborhood, and create a traffic hazard in the immediate neighborhood of a school. He feels that the only access should be at Meridian and Center. Hafferman stated that the access should follow and conform to the alley running behind his house, on the west side of the Meridian neighborhood. He stated that the Board can grant the variance for the longer court length, and that that is the most appropriate action. He would like the Board to deny the road access because if it goes through, his property now becomes a nonconforming corner lot and the value of his lot will be significantly affected. He stated that he would like the road placed as far to the east as possible on his property and a landscape screen added. He feels that R-4 is more consistent with the growth policy and that wetlands needs to be considered. He said that significant wildlife lives to the west and there is a storm water discharge problem. (Mr. Hafferman's letter is attached.) Jeff Hartsog said he is concerned about the Lot 13 road. Mr. Hartsog said that they get enough traffic from Meridian Road and Second Street. He would like the board to take a look at the area before they make it commercial. Nancy Kostman, 1326 Second Street West, who works at Montana Forest Products. Ms. Kostman agrees with Kurt Hafferman and is not opposed to development, but she feels that the variance to extend the cul-de-sac would be the best option. She said that the alley runs east and west, and that they should develop Lot 13 as a residential lot and use the east -west alley as an emergency exit.. No one else wished to speak and the public hearing was closed. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 13 of 23 MOTION Atkinson moved and Anderson seconded to adopt staff report KA-03-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property should be B-2, General Business, on approximately 3.6 acres upon annexation to the City. MOTION (AMENDMENT) Hull moved and Norton seconded that the property be zoned B- 1. BOARD DISCUSSION Atkinson asked how wide the road is coming off of Meridian and going into Meridian Court. Wilson answered that she believes it is 32 feet and that the road would be designed with public works approval. Norton asked Wilson why the vicinity map is shaded on Lot 13 and if they were changing the zoning from R-4 to B-2. Wilson stated that Lot 13 is already in the City, and it is a mistake on the annexation map. Norton also asked Wilson why the staff is recommending B-2 zoning instead of B- I zoning. Wilson replied that B- 1 zoning now provides residential uses and perhaps it would be appropriate to consider now and that it would be an option. She stated that based on prior conversations and expectations of the developer, the board should still consider B-2 zoning, even though the B- 1 is now appropriate. Hull stated that he feels B-1 would be friendlier to the neighborhood and would probably not create as much traffic. Norton agreed with Hull, and feels this is a prime case where we need to use a buffer. The board should apply B- I zoning in this case. ROLL CALL (AMENDMENT) The amended motion carried by a vote of 5- 1, with Atkinson voting against. MOTION Atkinson moved and Anderson seconded to adopt staff report #KPP-03-7 as findings of fact and approve the Kirk Subdivision Preliminary Plat subject to the 8 conditions. BOARD DISCUSSION Wilson mentioned that two letters were received regarding this subdivision. Wilson stated that landscape screening is a requirement, and that an amendment to the conditions should be made. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 14 of 23 Atkinson clarified that the road through Lot 13 should be denied and that grid access is preferable. He does not feel that the traffic would be as effected by this road and that it is important for fire safety. He recommended denial of the amendment. Hull stated that he feels the road is in the wrong place and that it should not come out beside the neighbors. Horton agreed with Atkinson on some points and Hull on others. He feels that a compromise can be reached and that the road can be shifted more towards the east boundary line, toward the houses. He feels there would be minimal impact to Lot 14. Taylor asked why the road was placed there in the first place. Wilson stated that a condition should be placed on the plat that the developer coordinate with public works that the road is shifted as far east as practicable to reduce impacts to the residence to the west. She said that there is no alternate location, and that all properties on Second Street West are owned by another party. She said that an alternative would be to grant a variance to the length of the cul-de-sac with another access in the alley, but that would not be a staff recommendation. MOTION (AMENDMENT) Hull moved and Norton seconded that the road through Lot 13 be denied. ROLL CALL The amended motion to deny the road through Lot 13 failed on a 2-4 vote. MOTION (AMENDMENT) Norton moved and Atkinson seconded to make the last 142 feet of the roadway be coordinated with the public works department and the developer to create the least impact to Lot 14 by pushing it to the east. ROLL CALL (AMENDMENT) The motion carried on a roll call vote with Hull voting against. MOTION (AMENDMENT) Atkinson moved and Anderson seconded adding a Condition 10 that screening be placed on the southern boundary of the subdivision to screen the businesses from the residential area. BOARD DISCUSSION Norton asked if the developer would be responsible for the screening. Wilson stated that he is and that options are available and that they could use landscaping or fencing, and that standards for landscaping are that they are at least three feet tall when planted and at least six feet tall in three years. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 15 of 23 ROLL CALL (AMENDMENT) The motion passed unanimously on a roll call vote. MOTION (AMENDMENT) Hull moved and Norton seconded granting the variance for the last 142 feet of roadway. ROLL CALL (AMENDMENT) The motion passed on a roll call vote by a vote of 4-2. MAIN MOTION The main motion passed unanimously on a roll call vote. RICE CONDITIONAL USE A request by William C. Rice, for Ron and Merna Terry, for a PERMIT REQUEST conditional use permit to construct two tri-plex units on one acre in an RA-1 zoning district located on the west side of Fifth Avenue East, north of the Birchwood Apartments. STAFF REPORT KCU-03-1 Narda Wilson, with the Tri-City Planning Office, gave a presentation of staff report KCU-03-1, a request for a conditional use permit to construct two tri-plea units on one acre in an RA-1 zoning district. Wilson stated that the properties proposed for the duplexes are farthest to the east, and that the west half is proposed for B-2 zoning, combined with existing B-2 property to the north. Wilson said that the triplexes are proposed on the east half of the property on 5th Avenue East and has approximately 19,000 square feet, currently just over I acre. She said that the parcel would be created by a boundary line adjustment, and is proposed for two triplex units. It is currently zoned RA- 1, which lists multi -family dwellings as conditionally permitted use. Wilson said that the existing single family residence would be removed for the tri-plexes. The tri-plexes would be approximately 35 feet wide and 60 feet long, with the building being two stories, and placed face to face. The elevation would be 28 feet in height. She stated the RA-1 zoning allows a density of one dwelling per 3000 square feet, with a minimum lot size of 6000 square feet for the first duplex, and 3000 square feet for each additional dwelling beyond a duplex, so these would have a total of 18,000 square feet. She said they are within the density limits. Wilson stated that the surrounding zoning is single family to the north zoned R-1, east is also R-1, south are Birchwood Apartments, also R- 1, west is vacant and Outlaw Inn and zoned B-2. She said that the Growth Policy recognizes the area as high density residential, perhaps with some limited office uses. The tri-plexes comply with the Growth Policy designation by adding additional housing options within the community. Wilson also said that the CUP looks at adequate usable space, and that it does comply with density Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 16 of 23 KIRK SUBDIVISION PRELIMINARY PLAT TRI-CITY PLANNING OFFICE STAFF REPORT #KPP-03-7 JUNE 2, 2003 A report to the Kalispell City Planning Board and the Kalispell City Council for a six - lot commercial subdivision in an area proposed for B-2 zoning. A public hearing has been scheduled before the planning board for June 10, 2003 beginning at 7:00 PM, in the Kalispell City Council Chambers in Kalispell. BACKGROUND: This property is proposed for annexation and initial zoning of B-2 which has been filed concurrently with this request for preliminary plat approval. A. Petitioner and Owners: Technical Assistance: G.R. Kirk and Co. 201 Saint Helens Avenue Tacoma, WA 98402-2519 (253) 627-2133 Paul J. Stokes & Associates 343 First Ave West Kalispell, MT 59901 (406) 755-8707 Brien Surveying P.O. Box 160 Somers, MT 5993 (406) 755-8707 B. Location and Legal Description of Property: The property proposed for this development is located between Meridian Road and the Burlington Northern railroad tracks north of Second Street West. The property can be described as Lots 1 IA, 12A, and the west portion of Lots 13, 14 and 15 of Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Size: Total area: 4.36 acres Area in Lots: 3.59 acres Area in Roads: 0.77 acres 1. Nature of the Request: The applicant is proposing annexation into the city of Kalispell and an initial zoning assignment of B-2, General Business, for the purpose of doing a six -lot commercial subdivision. Currently this property is residentially zoned, R- 1, and is in the County zoning jurisdiction. The commercial subdivision will extend the existing Meridian Court to the south to connect with Second Street West. The property owner has a lot that fronts along Second Street West that is 50 feet wide which will provide the link between the roadway to the north and Second Street West. This short section of the new internal roadway extension for approximately 140 feet will need a variance from the 60 foot right-of-way requirements to 50 feet. The new internal roadway extension would otherwise be constructed to City standards and will create a grid street system in an area that currently has limited to non- existent access to the area. The water, sewer and storm drain systems would also be constructed in accordance with City standards. The roadway would be dedicated as a City street when the final plat is recorded. There will be lots on either side of the new roadway extension that will average just over one-half acre. 2. Existing Land Use: Currently some small, dated and apparently unusable outbuildings exists on the property which will be removed at the time of development. The property is otherwise undeveloped. 3. Adjacent Land Uses and Zoning: The character of the area can be described as a mix of commercial, residential and industrial. Center Street lies immediately to the east and provides a strong commercial anchor in the area. To the north is new commercial development with Lee's Meridian Business Park and some limited conforming and non- conforming commercial uses along Meridian Road. Established residential areas are predominate to the south of this property. North: Undeveloped, Lee's Meridian Business Park, County R- 1 and City B-2 zoning South: Residences and limited commercial, City R-4 zoning East: Residential and non -conforming commercial uses, City R-4 and County R-5 zoning West: Stillwater Forest Products and railroad tracks, County 1-2 zoning G. General Land Use Character: The general land use character of the area is a mix of uses with commercial to the east and the north with residential and commercial to the south. Some industrial uses are also present in the area with the lumberyard and the idle mill. The properties to the north and east have been more intensively developed because of the availability of public services and access to major roadways. Highway 2 lies to the north approximately one -quarter of a mile with intensive commercial uses at the intersection of Meridian Road and Highway 2. H. Relation to the Growth Policy: This property lies within the potential utility service area identified in the Kalispell Growth Policy. The growth policy anticipates that this area will be developed in a mixed -use fashion. Commercial development of this property may be more appropriate than residential use and a reasonable case can be made for the commercial designation in the area including the fact that this is an expansion of the existing commercial development and allows for residential as well as general commercial and offices. I. Utilities: This subdivision will have full City services and facilities provided by the City of Kalispell. Water: City of Kalispell Sewer: City of Kalispell 04 Electricity: Flathead Electric Co-op (underground) Telephone: CenturyTel (underground) Solid Waste: City of Kalispell Fire: City of Kalispell Schools: School District #5, Kalispell Police. City of Kalispell I ZI -Au # III Orq��K#) a This application is reviewed as a major subdivision in accordance with State statutory review criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: Access to the subdivision will be by way of a new internal roadway that will be a paved City street and each lot will have individual access. Fire hydrants will be installed in accordance with the Uniform Fire Code within the subdivision. A water main is in the immediate area that will be extended into the subdivision and adequate water pressure can be provided to the subdivision for the hydrants. Fire risk in this area can be considered generally low because of its urban location and good access. Flooding and topography: This property is designated as being located in Flood zone C according FIRM Panel # 1805. Zone C is an area which is not prone to flooding. The topography of the site is generally level with limited vegetation since the property was used primarily for grazing purposes in the past. No significant risks to health and safety are present which might be associated with the flooding or topography of the site. Roads: Primary access to the site will be from Meridian Court and a new internal access road will be extended which will generally be a further extension of an existing City street. This new roadway extension will create an intersection and through street to Second Street West. The new roadway will be constructed to City standards. B. Effects on Wildlife and Wildlife Habitat: The site is not mapped within any big game winter range and does not provide significant habitat to wildlife although there may be some limited small animals that live in this area. This property is within an area of Kalispell that can be considered to be on the urban fringes. No significant impacts to wildlife or wildlife habitat can be anticipated as a result of this subdivision. C. Effects on the Natural Environment: Insignificant impacts to the natural environment can be anticipated as a result of this subdivision since there is no surface water in the immediate area which might be impacted such as wetlands, streams, rivers, steep slopes or other environmentally sensitive areas. Nor does this property provide any type of significant wildlife habitat. There is no obvious high groundwater in the area which may be affected or which might be impacted by this development. 3 The terrain can be described as generally level. Drainage will be handled through an engineered plan using the existing storm drainage system in the area. There is a storm drain directly to the north of this site which empties into a detention basin to the west. This detention basin provides for settling and the water is eventually discharged into Ashley Creek. An engineered drainage plan will be provided to the Kalispell Public Works Department as part of the overall utility design and submittal for the project. 1. Effects on Local Services: Sewer and Water: The City of Kalispell has water and sewer mains which lie in both Second Street West and Meridian Court. These utilities will be extended into the subdivision to serve the individual lots. The new mains will need to be designed in accordance with Kalispell's Design and Construction Standards and reviewed and approved by the Kalispell Public Works Department. Roads: An internal subdivision road which will extend Meridian Court to connect with Second Street West will be taken through the subdivision and provide individual access to each of the lots. The roadway will be designed in accordance with the Kalispell Design and Construction Standards. The new roadway will require a variance to the 60 foot right of way requirements for the approximately last 140 feet since the lots that will provide the connection are only 50 feet wide. The new internal roadway connecting Meridian Court and Second Street West will provide a grid street connection between these to areas and provide access to these properties that are otherwise generally landlocked or have limited access. The impacts to the roadways in the area will be generally limited and not beyond that which would be anticipated once development occurs. Second Street West and Meridian Road are both considered collector streets for the urban area and are in fair condition. Schools: This subdivision is within the boundaries of School District #5. This subdivision will have no impact on the school district with regard to enrollment because it is commercial in nature. It may, however, contribute to the school district budget with additional tax revenue once fully developed. Parks: This subdivision is not subject to parkland dedication because it is commercial in nature. Landscaping within the subdivision would be limited to a five-foot separation between the sidewalk and the curb. At the time the lots within the subdivision are developed, there are landscaping requirements that would be addressed at that time and would be dependent on the amount of parking required. Police Protection: This development will be served by the Kalispell Police Department. According to the Kalispell Police Department, they will be able to adequately serve this area. Fire Protection: This development will be served by the Kalispell Fire Department. The location and placement of fire hydrants will be in accordance with the specifications of the Uniform Fire Code. Fire access to the subdivision 11 will generally be good by way of a new, internal access road to the lots within the subdivision. Refuse Disposal: The subdivision can be served by private hauler for the first five years for solid waste disposal. Adequate space at the County landfill is available for the solid waste, which will be generated by the subdivision. Medical Services: Kalispell Regional Hospital is approximately one mile from the site. Ambulance services are available to serve this subdivision and access is good. 2. Effects on Agriculture and Agricultural Water Users Facilities: The soils in this area have limited agricultural value because of its urban proximity. This property has been used as pastureland in the past. This subdivision will have an insignificant impact on agriculture in the Valley and is more valuable for this type of development because of its close proximity to Kalispell and associated services and the lack of obvious development constraints. 3. Compliance with Zoning Regulations: The zoning for this property will be B- 2, General Business, upon annexation of the property. All of the lots within the subdivision exceed the minimum lot size requirement of 7,500 square feet for this zoning district. The proposed subdivision complies with the zoning for this property. 4. Compliance with the Subdivision Regulations: The proposed subdivision does not comply with the Kalispell Subdivision Regulations and the applicants are requesting a variance to the subdivision regulations as follows: Section 3.09- Table 1, Minimum Right of W - Minimum right-of-way standards for local streets is 60 feet. 1. The developer is requesting a variance to the requirement for a 60 foot right of way for approximately 142 feet at the south end of the roadway extension to 50 feet. Evaluation of the Variance Request: The Kalispell Subdivision Regulations provide for the granting of variances subject to the adoption of findings outlined under Section 7.01(A) and findings made that the following criteria are met, each of which is discussed below. 1. The granting of the variance will not be detrimental to public health, safety or general welfare or injurious to other adjoining properties. All the necessary improvements for local streets Will be in place for the full length of the roadway except for the last 142 feet where the roadway pavement may need to be narrowed for this limited distance. The road will function fully to make the necessary connection to the south, but parking may not be permitted on one or both sides of the street. 5 2. The conditions on which the variance is based are unique to the property on which the variance is sought and are not applicable generally to other property. The variance is based upon the limitations that are related to the shape and size of the property that provides the southern leg of the roadway extension. There are no satisfactory alternative designs that could be used to comply with the subdivision regulations since if the road were to end in a cul-de-sac it would exceed the cul-de-sac length limits. Furthermore, a through road providing through access and a grid street is the preferred roadway design. 3. Because of the particular physical surroundings, shape or topographical conditions of the specific property, a particular hardship would result as distinguished by a mere inconvenience if the strict letter of the regulations were enforced. There are constraints associated with the shape of this property that will provide the southern extension of the roadway. If the applicant were required to provide a 60 foot right-of-way rather than a 50 foot right-of-way this could only be accomplished by acquiring additional land from adjoining property owners. This would result in a hardship since the adjoining land owners may not be willing to or able to provide this additional width. 4. The variance will not cause a substantial increase in public costs. There can be no foreseen costs that would be passed on to the public as a result of granting this variance. 5. The variance will not, in any manner, vary the provisions of any adopted zoning regulations or growth policy. This variance request does not vary the provisions of the zoning ordinance nor does it compromise the goals and policies of the Kalispell Growth Policy 2020. Recommendation for the variance to the Kalispell Subdivision Regulations: Based on the above findings the staff would recommendation this variance be granted. The Tri-City Planning Office would recommend that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-03-7 as findings of fact and recommend that the Kalispell City Council approve Kirk Subdivision preliminary plat subject to the following conditions: 1. That subdivision shall be in compliance with the preliminary plat, which shall govern the general location of the lots, roadways and improvements. 2. The developer shall obtain a Certificate of Subdivision Approval from the Montana Department of Environmental Quality and obtain a letter from the Kalispell Public Works Department, which states that the water and sewer 0 facilities have been reviewed and approved for compliance with the City of Kalispell's Design and Construction Standards. 3. That the internal roadway shall be designed and constructed in accordance with the City of Kalispell's Design and Construction Standards with the exception of the southern end of the roadway for which a variance to the right- of-way width has been granted to allow a 50 foot right-of-way for approximately 142 feet and a letter be obtained from the Kalispell Public Works Department verifying the construction. 4. That an engineered storm water management plan shall be designed in accordance with the Kalispell Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department prior to final plat approval. 5. That a letter be obtained from the Kalispell Fire Department approving the fire access and suppression system for compliance with the Uniform Fire Code. 6. A note shall be placed on face of the final plat which establishes a no -access strip along the railroad tracks to the west. 7. That all new utilities for the subdivision be placed underground. 8. That the preliminary plat shall be valid for a period of three years from the date of its approval. N This application shall be submitted, along with all information required by the applicable Subdivision Regulations and the Montana Subdivision and Platting Act, and the appropriate fee to: Tri-City Planning Office, 17 Second St East, Suite 211 Kalispell, Montana 59901 Phone: (406)751-1850 Fax: (406)751-1858 .1 t Major Subdivision (6 or more lots) $650 + $30/lot Condominiums (6 or more units) S600 + $25/unit Mobile Home Parks & Campgrounds (6 or more spaces) $600 + $25/space Amended Preliminary Plat $200 Annexation $100 + $10/acre Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision Add $200 to base preliminary plat fee OWNER(S) OF RECORD: Name: G.R. KIRK CO. Phone (253)627-2133 Mailing Address: 201 SAINT HELENS AVE City/State & Zip TACOMA WA 98402-2519 TECMNICAIJPROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address: PAUL J. STOKES & ASSOCIATES 343-1' AVE. WEST KALISPELL MT 59901 Name & Address: BRIEN SURVEYING INC. P.O. BOX 160 SOMERS MONTANA 59932 LEGAL DISCRUMON OF PROPERTY: City/County: KALISPELL/ FLATHEAD COUNTY Assessor's Tract No.(s) 0450250 & 0450300 Lot No.(s) LOTS 11 A 12A 13A 14 AND 15 IN HOLLISTER'S MERIDIAN SUBDIVISION AND LOT 13 IN MERIDIAN ADDITION Section 13 Township 28N Range 22W GENERAL DESCRIPTION OF SUBDIVISION: THE SUBJECT SITE IS RELATIVELY FLAT. 110*19P0114M U11 :444111"A"I Number of Lots or Rental Spaces —6 Total Acreage in Subdivision 4.36 Total Acreage in Lots 3.59 Minimum Size of Lots or Spaces .44 Total Acreage in Streets or Roads .77 Maximum Size of Lots or Spaces .69 Total Acreage in Parks, Open Spaces and/or Common Areas N/A PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family _ Townhouse_ Duplex Apartment Commercial X Industrial Condominium Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development. Other APPLICABLE ZONING DESIGNATION & DISTRICT B-2 'Nowgum IM[PROVEMEENTS, TO BE PROVIDED: Roads: Gravel: X Paved X Curb —X—Gutter —X—Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood X Public Other Sewer System: Individual Multiple User Neighborhood X Public Other Other Utilities: —Cable TV X Telephone X Electric X Gas Other Solid Waste: —X—Home Pick Up _Central Storage —X Contract Hauler Owner Haul Mail Delivery: X Central Individual School District N/A Fire Protection: X Hydrants Tanker Recharge_ Fire District: KALISPELL FIRE DEPARTMENT Drainage System: All drainage will be retained onsite with swales and or dry wells as needed. PROPOSED EROSION/SEDIMENTATION CONTROL: The subiect site is relatively flat Erosion/sedimentation will be minimal. The developer will employ best management practices by revezetating exposed areas. VARIANCES: ARE ANY VARIANCES REQUESTED? YES (yes/no) If yes, please complete the information below: PA •13114 MV V 1 0 . 114 133: 11 * DS-05, WALKWAYS i � inq rig 1311WA, VV: I Z-1 VO4 ON&K-111" F17 1 1! is i i REGULATIONS: 0 THROUGH -ACCESS TO THE SITE IS'NOT POSSIBLE AND A CUL DE SAC WOULD THUS BE REQUIRED. A CUL DE SAC WOULD BE IN EXCESS OF 1000 FF. -MAXIMUM ALLOWABLE CUL DE SAC LENGTH UNDER DS-05-CUL DE SACS IS 600 FT. REDUCTION OF THE RIGHT OF WAY WIDTH TO 49.91 FT IN LOT WILL PROVIDE MUCH BETTER ACCESS AND CIRCULATION FOR EMERGENCY VEHICLES THAN PROVIDED BY A 1000 FT CUL DE SAC. 0 WITH THE REDUCTION IN THE RIGHT OF WAY ON THE ROADWAY LEAVING THE SUBDIVISION TO THE SOUTH, THE REMOVAL OF THE WALKWAY WILL PROVIDE A SMOOTHER FLOW THROUGH THE SUBDIVISION. P,MULATIONS: * AN ALTERNATIVE WOULD BE A CUL DE SAC GREATER THAN 1000 FT. MUTT �:1 • i K'13111 11,11REIFF731 1 91 1 E I Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? THE GRANTING OF THE VARIANCE IN RIGHT OF WAY WOULD NOT CAUSE ANY HARDSHIP TOWARD THE PUBLIC HEALTH, SAFETY OR GENERAL WELFARE. THE VARIANCE WOULD INCREASE SAFETY, ALLOWING IMPROVED ACCESS FOR EMERGENCY VEHICLES. 2. Will the variance cause a substantial increase in public costs? NO 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? NO 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? THE SITE IS A LARGE DEVELOPABLE PARCEL WITH ONLY ONE ACCESS FROM AN EASEMENT FROM THE NORTH OF THE PROPERTY. 5. What other conditions are unique to this property that create the need for a variance? M APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the FRDO Office at least thirty (30) days prior to the date of the meeting at which it will be heard. Preliminary plat application. 2. 20 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A -Flathead County Subdivision Regulations). 4. One reduced copy of the preliminary plat not to exceed I I" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (see example below): Assessor# Sec-Twn-Rna Lot/Tract No Property Owner & Mailing Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. (Applicant) AMAM?Almy documenwKlMprelim plat app (Date) R The proposed Subdivision is located in Lots 11A, 12A, 13A, 14, and 15 of Hollister's Meridian -Tracts and Lot 13 of Meridian Addition, SEC. 13, T.28N., R.22W., PAC,M., Flathead County, Montana I. I. GEOLOGY A. The proposed subdivision is located in a relatively safe geological area. The site is primarily used for storage and contains slopes less than 1%. Soils are primarily medium to fine silty sand. B. No rock outcroppings have been encountered on the site. There are no known conditions that would require immediate measures to prevent or reduce the danger of property damage or personal injury. A. There are no natural water systems. B. There are no artificial water systems. B. The subject site is not within a I 00-year floodplain. HL VEGETATION UVRST41W-111601 "ITITaRRM. B. On -site vegetation will be removed. The existing vegetation is inconsistent with *commercial use. Natural vegetation and landscaping will replace the native vegetation as required by the development of each lot. C. All roads will be constructed to the City of Kalispell design standards. Excavated areas will be landscaped or revegetated with native grasses, designed to encourage the regeneration of ground cover. It is not anticipated that any predominant areas of vegetation will require protection. A. The property is void of suitable waterways to support fish. Kirk Major Subdivision Page I of 6 Environmental Assessment 101,74 114 P I I ftC-J C-14 W3 =�� C. The intent of the subdivision is to encourage the continued use of the current ecosystem. There are no plans that will degrade habitat. '9 1 Oppy# I I I R 1401 #11 IN 114 : WIN A. The total acreage of the proposed site consists of approximately 4.00 acres of native grasses. Soils are primarily medium to fine silty sand. The USDA has classified the soil in the area as mostly Kalispell Loam. B. The subject project is between the railroad tracks and the city of Kalispell and has no crop history. C. The area surrounding the site is between the railroad tracks and the city of Kalispell and has no current agricultural uses. FOINNIMAL E. N/A A. There are no known historical, archaeological, or cultural features associated with the land. Should any be discovered during any construction, work in that area will be suspended until the site can be properly evaluated. B. Public sewage treatment system I The average number of gallons of sewage generated for all proposed lots per day will be 2250 gallons when the subdivision is filly developed and assuming full occupancy. 2. Proposed public system. a. The developer intends to connect to the City of Kalispell sewer system either at 2nd Street or Meridian Road or at whatever location is directed by the City of Kalispell Public Works Department. Kirk Major Subdivision Page 2 of 6 Environmental Assessment b. The City of Kalispell has ample capacity to handle the use of the subdivision. The proposed connection to the City system is 0.25 to 0.5 miles to the east of the site. c. The letter from the Kalispell Public Works Department is enclosed. 3. N/A VIH. WATER SUPPLY A. NA B. The proposed lots will utilize a public water system. 1 Estimated number of gallons per day required for all lots at full capacity when fully developed is 1600 gallons. 2. The City of Kalispell has ample capacity to handle the use of the subdivision. The proposed connection to the City system is 1000 to 2000 feet to the east of the site. 3. The letter from the Kalispell Public Works Department is enclosed. IX. SOLID WASTE A. Solid waste will be the responsibility of the city or private contractor. C. Solid waste will be hauled to the Flathead County Landfill. A. Street and Roads. Because of the topography and soils permeability, much of Le runo will dissipate naturally. Runoff from hard surfaces and the rot y w be collected and transported to on -site storage facilities. A fo drainage plan will be formulated and submitted prior to final p approval. I Kirk Major Subdivision Page 3 of 6 Environmental Assessment 2. The roads will be paved with asphalt as required. 3. NA B. Other Areas. I. Runoff will be collected and contained onsite. 2. Storm runoff from lots will be channeled to onsite stormwater retention areas located in the open areas. 4. Sedimentation and erosion control will be accomplished utilizing -Best Management Practices" as described in the Montana "Erosion Control Manual". 5. The plat is enclosed. A. Traffic generated by the development will be approximately 240 trips per day. 1. All existing and new roads within the subdivision will be constructed to City of Kalispell, standards. Access will be off of 2 nd Street, which is capable of accommodating the additional traffic. 2. The proposed subdivision should not require any additional road maintenance. B. The Developers will, bear the cost of installing all roads within the proposed subdivision. The City Will be responsible for maintenance of the roads. C. The soil characteristics are conducive to proper road construction. Bank cuts will be non -existing. D. Access to the individual lots is provided by means of a road through the subdivision. D. Year-round access to all lots via conventional automobile will be provided. E. No access over private property is planned. Kirk Major Subdivision Page 4 of 6 Environmental Assessment A. Emergency services for the Subdivision are available as follows: I . Fire protection. a. The proposed subdivision will be under the jurisdiction of the Kalispell Fire Department. 2. The Kalispell Police Department will provide police protection. 3. The City of Kalispell and the Alert helicopter will provide ambulance service. 4. Medical service is available at Kalispell, Regional Hospital. B. The subdivision should not require any additional personnel or facilities for emergency services. A. NA A. The subject site is void of any structures. The assessment classification is tract land and the assessed value is $29,000. B. The assessed valuation of all structures at 25% occupancy is $780,000 and the estimated year of 25% occupancy is 2006 and $2,808,000 at 90% occupancy and the estimated year of 901/o occupancy is 2012. C. The sewer system will be owned and operated by the City of Kalispell. The City of Kalispell will own the water system. Solid waste fees would be through tax assessment and bimonthly billing. V.4-OWUM, NOW A. NA Kirk Major Subdivision Page 5 of 6 Environmental Assessment B. Annexation to the City of Kalispell and B-2 zoning is proposed. C. The adjacent properties are primarily mixed residential areas and busfitess areas. The proposed development will not affect access to any adjoining land. D. There is no known health or safety hazards on or near the subdivision. E. There will not be any nuisances created by the subdivision, other than temporary road construction activities. XVI. PARKS AND RECREATION FACILITIES A. NA C. NA XVJI. UTILITIES A. All utilities in the proposed subdivision Will be placed under ground and provided by: Electricity: Flathead Electric Co-op, Inc. 2510 Highway 2 East Kalispell, Montana Telephone: Centurytel 290 North Main Kalispell, Montana Natural Gas: Northwestern Energy Butte, MT 59701 B. Copies of the Preliminary Plat have been submitted to the affected utilities for review. C. The telephone and electricity will use the same trench, therefore the installation will be concurrent. Completion dates are projected for the late fall of2005. Kirk Major Subdivision Page 6 of 6 Environmental Assessment FWATOR FAI�# � Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana 59901 Dear Planning Office, raw ,I* t , -mill TRI-CITY PLANNING OFFIC-7- I own a lot at 1325 Second Street West. I am currently building a new house on that lot. I purchased the lot in November of 1998 and I started building the house in September of 2002. On Wednesday, April 16, 2003 1 was working on the house when two surveyors started surveying the lot to the east and the vacant lot to the north. While helping them locate the pins on my property they stated that they were doing a lot and topographic survey for a developer, Kirk (sp) Development and that they intended to develop the property as commercial subdivision. They stated that they were surveying the vacant lot adjacent to mine as an access road for the subdivision. The lots on my block are in an R-4 Zone which includes the lot that was being surveyed as an access road. It was my understanding when I purchased the lot that the subdivision to the north was plotted on the City maps an R-4 Zone. As I had, not aware of any public notification nor had I received a notice from, your office, or had been contacted by the property owner prior to the surveyors, I was not aware that a change in use was planned for this lot. I wanted to use this letter to firsttell you that I have built a home on my lot and to be sure that,you have my correct mailing address in the event that a change in use is planned for the property. I do not have an objection to the property owners plans for the change in use as I believe in their property rights but I am also, as I am sure they are, protective of my property rights. But, I am concerned about the over all effects to an existing residential neighborhood from the access road and from the adjoining of commercial to residential zoning. I applied for my building permit on lots that were required to have a 5-foot set back from the property line, which I built to. If the lot to the east is used as an access road, it will in effect make my home a corner lot. I believe this will create at least three Kalispell Subdivision Regulation Design Standards problems that I would like to see addressed in any planning. 1. In an R-4 Zone, it is my understanding that a comer lot requires a 15 ft. set back which I did not accommodate for. I have already completed my construction. Making the lot to the east a road will make my lot a non-standard comer lot. 2. City of Kalispell Subdivision Regulations, page 24, 3.07 Blocks, (B.) it states "Block lengths shall be not less than 300 feet..." If the an access road is placed an this lot, the block length from the west boundary of the road lot to the railroad right -of way, would be less than 180 ft, making a block that does not conform to the minimum block length standard. 3. My garage will limit the sight distance to the west. There will be trucks going through the Montana Forest Products gates and local traffic using the street to access the four-way stop at Peterson School. 2 d Street West is a street that will require adequate sight distance to the east and west. In addition, City of Kalispell Subdivision Regulations, page 24, 3.06 Lots, (J.) states that "A planting screen of a minimum width of 10 feet, across .........shall be provided along the line of ...other disadvantageous situations, or non -compatible use..." I would offer that adjoining residential neighborhoods to a commercial subdivision would constitute a disadvantageous situation by placing two non -compatible uses adjacent and I would request that you require a planting screen easement. There are also aesthetic concerns that I am asking for consideration on if the road is allowed. If the road is placed on the lot, two of my bedroom windows will now face a street. As one mitigation measure, if the road is placed to the farthest east side of the lot, a standard 24 ft. road can be installed with room for any utility trenches or sidewalks on the west side. This would allow the least impact to my lot. Also, the property to the east of the access road lot has been a commercial use for over thirty years. There is Y2of a lot on the west side of that property that is vacant that might be considered in the road location. An easement could be obtained and the road further located to the east. Also, if a road were allowed, I would support the planning office allowing the developer to install a narrower road that would be designated as an emergency access road only. It is my sincere concern that if these issues are not addressed and I am made into a non-standard corner lot, and 1, and my neighbors, are adjoined to a commercial subdivision without mitigated measures, that it will affect the future sale of the properties. It also my concern that having the lot changed to an access road will directly effect the residential character of the block. Recently 1, and a neighbor to the south, have been able to purchase these lots and are attempting to construct affordable housing in a residential neighborhood. We feel that the Tri-City Planning Office would support affordable, residential development within the City limits and would agree that allowing an access road to a commercial subdivision will affect that character and discourage other residential development. I would request that the planning office develop a City Site Review Committee to do a site visit. I would request that the Tri-City planning office work with the developer to locate a more reasonable secondary access road than one into a residential neighborhood. If the road is allowed I would request that my concerns as a non-standard corner lot be addressed and that the road be allowed to be less than standard road width for emergency access only and located to the east most side of the lot or partially on the adjacent vacant lot. I would request that the planning office require a planting screen on the entire south border of the property I would appreciate a written response acknowledging receipt of the letter and providing me with any information that you have on this proposed subdivision. Thank you for your time in addressing my concerns and I took forward to working with the Tri-City planning office on this issue Respectfully, Ku u nd Kajt; afferman u nd Kat afferman Cc: Kalispell Building Department Kalispell Public Works Department Comments to Agenda Item 4. — City Planning Board Meeting, June 10, 2003 Kurt and Kathy Hafferman Current mailing address 511 3rd Ave West Currently constructing a single family residence on Lot 14 Meridian Addition Submittals: Outline Letter to Board dated April 22 Id 2003 Owner of Lot 14 Meridian Addition, street address 1325 2 nd Street West Primary concern is that a secondary access road through Lot 13 of Meridian Addition be denied a. This is a poor location for an access road b. Changes the character of the existing neighborhood c. Creates additional traffic in a residential neighborhood d. Creates a block length less than 180 ft to the west of my residence which is inconsistent with other standard city blocks e. Creates traffic hazard in the immediate neighborhood of a school (Peterson elementary) f. Adding additional vehicles at the intersection of Meridian and 2 nd St. west is adding to an already dangerous situation because of Peterson school g. 2 nd St. west is already askew to Meridian and the alignment of the road is not conducive to additional traffic. h. Only allow access at Meridian and Center. The Board cannot mitigate impacts to this intersection and it is already a problem at peak traffic hours. The Board must immediately plan for a stoplight at this intersection but it will not have to mitigate the additional impacts of a school crossing. 11. If secondary access is needed; a. It should follow the and conform to the existing alley on the north boundary of my property, south boundary of the subject property, thence east or west to the outlet of the alley. b. This road should provide emergency access only consistent with all other alleys c. This road should be signed as emergency access only i. This is consistent with the secondary access road recommended by this board for the Glacier Village Greens Phases 14 through 22 d. Utilities exist in the alley. i. New utilities can follow existing alleys and stay consistent with existing utility locations e. If a greater right of way width is needed, that could be more easily provided by the proposed subdivision on their south boundary. Ill. Board can grant a variance a. Allow a longer cul-de-sac length off of Meridian Court b. Allow a narrow emergency access following the existing alley IV. Board must deny proposed road through lot 13, impacts to my property a. My lot becomes a non -conforming corner lot V. V1. i. Corner lots require 15 ft. setback from property line ii. I followed existing regulations and I have built to a 5 ft. setback. iii. I ,may be forced to tolerate a sidewalk and road 5 ft. from a bedroom window. iv. The value of my lot is significantly effect and this action by the Board will constitute a taking of my personal property. b. Board must deny Lot 13 to be rezoned to B-2 i. I have been spot zoned into a non -salable lot. ii.Lot 13 must remain R-4 iii. My lot should remain conforming If Board grants the zone change a. The ability to sell my house cannot depend on "grand -fathering" which is a whim and a chance decision and can be changed. b. The access road should be required to be as narrow as possible, c. The road should be signed for emergency access only and d. The road should be placed as far on the east side of the property as possible e. Board must require development to quit claim deed the 10 ft. necessary to make my lot a conforming lot at no cost to me. f. A planting screen must be require on the south property boundary as address in Subdivision regulations 3.06 Comments on Staff Report on Subdivision Preliminary Plat a. Adjacent Land uses b. Single family residence predominates all neighborhoods to the south, and east c. Should remain single family residential i. Allows for extension of services to serve more individuals ii. Allows for easier access to all district 5 schools d. Is more consistent with the growth policy if it is developed as single family residential e. Greater services per person f. Impacts to wetland areas of Smith Spring Creek to the west and Ashley Creek to the south west i. Habitat to mallard ducks, Canadian geese and other bird life ii. Muskrat and beaver in Smith Spring Creek g. Impacts on natural environment i. Surface water, Ashley Creek 1. Already impaired water body 2. Significant habitat to wildlife such as fox, coyote, and badgers to the west and in the proposed development 3. There are many instances of high groundwater 4. Storm drains that discharge into Smith Spring Creek and Ashley creek will impact the Cities ability to meet its discharge permit requirements further downstream Jeff Hartsoch 1334 2Id Street West Kalispell, MT 59901 June 10, 2003 To Whom It May Concern: My name is Jeff Hartsoch and I Live at 1334 2 d Street West, Kalispell. Let me start off by saying I don't oppose the Land being zoned commercial or mufti -family. I do however, oppose a road coming from the developed land onto Second Street West. We recently bought a new home on Second Street West because of the quite residential neighborhood and quite street for our children. We have three young children and are concerned about the traffic that would be created on Second Street because of the road from the development. Another concern is the traffic load with Peterson School. I believe the road would create too much traffic for the children. I feet the road they already have for the commercial properties off of Center Street and Meridian would be an adequate road for the proposed zoning change and would not interfere with the safety of our children as well as our neighbor's and the schools. SincerLey, Jeff Hartsoch Jut 1993 June 8, 2003 A Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Mt 59901 I received a certified letter concerning the proposed zoning change for the Hollister's Meridian Tracts from R- I to B-2. Because I will be out of town when the meeting takes place, I am writing this letter to show my opposition of the change in zoning for Lot 13 and the Hollister's Meridian Tracts. When G. R. Kirk Company purchased those lots he knew that they were R-1, because he had been previously using them for a Christmas tree lot He used them many years before purchasing them. He also purchased an access lot, which is Lot 13 on Second Street West. This lot is between Black Industrial and a new home being built by Curt Hafferman. This access lot would be used as a street to get to the Hollister's Meridian Tracts. It would be a street in the middle of the block between a business and a new home being constructed. When people purchase a residential lot to build a home that is what they expect to happen. The Board of Adjustments granted a variance for Mr. Slama to put a commercial building on Second St. W. That building is where Black Industrial is now. My husband and I opposed this variance at the time and I am still having the same problem. G. R. Kirk Company wants a B-2 zoning change, but doesn't know what will go on those lots. It is difficult to okay something that you don't have any idea what it will be. The access lot is not feasible as street fifty feet wide. I am not in favor of using Lot 13 as an access road to the G. R. Kirk Company property. This lot should remain residential because of the new home being built next to it and the other residential homes nearby. Sm,cer f ly, Irene Houston Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana 59901 Dear Planning Office, MAY 1 2903 TRI-CMI PLANNING OFFK777 I own a lot at 1325 Second Street West. I am currently building a new house on that lot. I purchased the lot in November of 1998 and I started building the house in September of 2002. On Wednesday, April 16, 2003 1 was working on the house when two surveyors started surveying the lot to the east and the vacant lot to the north. While helping them locate the pins on my property they stated that they were doing a lot and topographic survey for a developer, Kirk (sp) Development and that they intended to develop the property as commercial subdivision. They stated that they were surveying the vacant lot adjacent to mine as an access road for the subdivision. The lots on my block are in an R-4 Zone which includes the lot that was being surveyed as an access road. It was my understanding when I purchased the lot that the subdivision to the north was plotted on the City maps an R-4 Zone. As I hadnot aware of any public notification nor had I received a notice from your office or had been contacted by the property owner prior to the surveyors, I was not aware that a change in use was planned for this lot. I wanted to use this letter to first, tell you that I have built a home on my lot and to be sure th6t'you have my correct mailing address in the event that a change in use is planned for the property. I do not have an objection to the property owners plans for the change in use as I believe in their property rights but I am also, as I am sure they are, protective of my property rights. But, I am concerned about the over all effects to an existing residential neighborhood from the access road and from the adjoining of commercial to residential zoning. I applied for my building permit on lots that were required to have a 5-foot set back from the property line, which I built to. If the lot to the east is used as an access road, it will in effect make my home a corner lot. I believe this will create at least three Kalispell Subdivision Regulation Design Standards problems that I would like to see addressed in any planning. 1. In an R-4 Zone, it is my understanding that a corner lot requires a 15 ft. set back which I did not accommodate for. I have already completed my construction. Making the lot to the east a road will make my lot a non-standard corner lot. 2. City of Kalispell Subdivision Regulations, page 24, 3.07 Blocks, (B.) it states "Block lengths shall be not less than 300 feet..." If the an access road is placed on this lot, the block length from the west boundary of the road lot to the railroad right -of way, would be less than 180 ft, making a block that does not conform to the minimum block length standard. 3. My garage will limit the sight distance to the west. There will be trucks going through the Montana Forest Products gates and local traffic using the street to access the four-way stop at Peterson School. 2 nd Street West is a street that will require adequate sight distance to the east and west. In addition, City of Kalispell Subdivision Regulations, page 24, 3.06 Lots, (J.) states that "A planting screen of a minimum width of 10 feet, across .........shall be provided along the line of ...other disadvantageous situations, or non -compatible use..." I would. offer that adjoining residential neighborhoods to a commercial subdivision would constitute a disadvantageous situation by placing two non -compatible uses adjacent and I would request that you require a planting screen easement. There are also aesthetic concerns that I am asking for consideration on if the road is allowed. If the road is placed on the lot, two of my bedroom windows will now face a street. As one mitigation measure, if the road is placed to the farthest east side of the lot, a standard 24 ft. road can be installed with room for any utility trenches or sidewalks on the -west side. This would allow the least impact to my lot. Also, the property to the east of the access road lot has been a commercial use for over thirty years. There is Y2 of a lot on the west side of that property that is vacant that might be considered in the road location. An easement could be obtained and the road further located to the east. Also, if a road were allowed, I would support the planning office allowing the developer to install a narrower road that would be designated as an emergency access road only. It is my sincere concern that if these issues are not addressed and I am made into a non-standard - corner lot, and 1, and my neighbors, are adjoined to a commercial subdivision without mitigated measures, that it will affect the future sale of the properties. It also my concern that having the lot changed to an access road will directly effect the residential character of the block. Recently 1, and a neighbor to the south, have been able to purchase these lots and are attempting to construct affordable housing in a residential neighborhood. We feel that the Tri-City Planning Office would support affordable, residential development within the City limits and would agree that allowing an access road to a commercial subdivision will affect that character and discourage other residential development. I would request that the planning office develop a City Site Review Committee to do a site visit. I would request that the Tri-City planning office work with the developer to locate a more reasonable secondary access road than one into a residential neighborhood. If the road is allowed I would request that my concerns as a non-standard comer lot be addressed and that the road be allowed to be less than standard road width for emergency access only and located to the east most side of the lot or partially on the adjacent vacant lot. I would request that the planning office require a planting screen on the entire south border of the property I would appreciate a written response acknowledging receipt of the letter and providing me with any information that you have on this proposed subdivision. Thank you for your time in addressing my concerns and I look forward to working with the Tri-City planning office on this issue Respectfully, Ku nd Kat afferman Cc: Kalispell Building Department Kalispell Public Works Department Inter x Scut ' ay 25, 2003 The Daily Inter Lake, Sunday, May 25, 2003 — E3 as described below is Being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as As- sessor's Tract 3 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County; Montana. 2. A request by Wayne Turner for preliminary plat approval of Empire Estates, a 347 lot single family and duplex town- house subdivision locat- ed on the northeast cor- ner of Three Mile Drive and Stillwater Road. This plat would create lots intended for duplex townhouse development on the perimeter of the. site and single family lots on the interior of the site. The subdivision, would be developed in accordance with City of Kalispell's design and construction standards`: The preliminary plat is being submitted in con- junction with the annex- ation of the property and designation of initial zoning of R-4, Two Family Residential. The property can be descri bed as Assessor's Tract - a , 3 located in Section 1`, Township 28 North, Range 21 West, �P.M.M., Flathead Coun- ty, Montana. 3. A request by Jerry and LaVerne Scott for an initial zoning desig- nation of B-2, General' Business, upon annexa- tion to the city of Kalis- pell on approximately one acre of property lo- cated west of Meridian fps=: Road between Meridian Court and Second Street West. The prop- efl� erty is currently in the County zoning lurisdic- -•ram tion and is zoned R-1, Residential. The B-2 zoning designation an- ticipates commercial de- velopment. No develop - merit proposal has been presented at this time but a minor subdivision has been filed in con- junction with the annex- *` A' ation request to create two commercial lots on the east and west sides of the extension of Meri- dian Court. The proper- ty proposed for annexa- tion and zoning can be described as Lot 10 and 11 B of Hollister's Meridi- an Tracts and Lot 13 of Block 1 Meridian Addi- tion in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 4 4. A request by G.R. Kirk Co. for an initial zoning designation of B- 2, General Business upon annexation to the city of Kalispell on ap- proximately 3.6 acres of property located west of Meridian Road between Meridian Court and Sec- ond Street West. The property is currently in the County zoning juris- diction and is zoned R- 1, Residential. The B-2 zoning designation an- ticipates commercial and multi -family devel- opment. No develop- ment proposal has been presented at this time but a 6 lot commercial subdivision has been filed in conjunction with this application as de- scribed immediately be- low. The property pro- posed for annexation and zoning can be de- scribed as Lots 11 A 12A, and the west por- tion of Lots 13, 14 and 15 of Hollister's Meridi- an Tracts and Lot 13 of Block 1 Meridian Addi- tion in Section 13, Township 28 North,, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 5. A request by G.R:. Kirk Co. for preliminary plat approval of Kirk Subdivision, a six lot commercial subdivision located west of Meridian Road between Meridian Court and Second Street West. This plat would extend Meridian Court to connect with Second Street West creating a new through roadway with parcels on the east and west sides of the road. The proper- ty contains approxi- mately 3.6 acres. All subdivision lots would be served by public sewer and water, a new City street and would be developed in accord- ance with City of Kalis- pell standards. The pre- liminary plat is being submitted in conjunction with the annexation of the property and desig- nation of initial zoning of B-2, General Business. The property can be de- scribed as Lots 11 A, 12A, and the west por- tion of Lots 13, 14 and 15 of Hollister's Meridi- an Tracts and Lot 13 of Block 1 Meridian Addi- tion in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 6. A request by Ron and Merna Terry for a conditional use permit to allow the construction of two triplexes on proper- ty zoned RA-1, Low Density Residential Apartment, located on the west side of Fifth 's Avenue East, north of 18th Street approxi- mately 600 feet. The "t1 single family home lo- l cated at 1605 Fifth Ave fi? East would be removed and the triplexes con- structed in its place. ;j The property can be de-,, scribed as approximate-, .i ly the east half of As- sessor's Tract 5-5 locat- ed in Section 17, Town ship 28 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request by Wil- liam C. Rice for a change in zoning desig nation from RA-1, Low Density Residential Apartment, to B-2 Gen .;4 eral Business, on ap proximately one half . acre of property located ; r on the west side of Fifth Avenue East, north of . 18th Street East approx l imately 600 feet The purpose of the change in zoning is to accom modate the construction of mini -storage units to be located on this prop . erty and the property a. adjoining it to the north.. The mini -storage facili- ` ties are subject to-w- conditional use permit _# and will be considered,', in conjunction with this{ request for a change ie zoning. The property, proposed for the zone change can be descri- bed as the approximate- ly west half of Asses +` sor's Tract 5-5 located in Section 17, Township. 28 North, Range 21 ; West, P.M.M., Flathead.' County, Montana. 8. A request by Wil- liam C. Rice for a condi- tional use permit to al- low the construction of a ; mini -storage facility on property located on ap- proximately one and one-half acres of prop- erty located on the west side of Fifth Avenue East, north of 18th Street East approxi- mately 600 feet. Ap- proximately one acre of the property is currently zoned B-2, General Business, which list mini -storage facilities as a conditionally permitted use. In conjunction with this request is apropos al to change the zoning ; on approximately one half acre on the south end of this property from RA-1, Low Density Res- idential Apartment, to B- 2, General Business, for the purpose of accom- modating a portion of the mini -storage units. The property proposed;` for the mini -storage fa- cilities can be described' Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fa= (406) 751-1858 tricity@centarytel.net You are being sent this notice because you are a property owner within 150 feet of the proposed project- noted -below and will be most directly affected by its development You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC ECCARING wALISPELL CITY PLANNING BOARD AND ZONING C The regular meeting'of the Kalispell City Ranning Board and Zoning Commission is scheduled for Tuesday, June 10, 2003 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 Wayne Turner for an initial zoning designation of R-4, Two Family residential upon annexation to the city of Kalispell on approximately 67 acres located at the northeast comer of Tbree Mile Drive and Stillwater Road. This zoning designation anticipates single family and duplex or townhouse dwellings. The property is currently in the County zoning jurisdiction and is zoned R-2, Residential. A preliminary plat for 347 lots as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as Assessor's Tract 3 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request by Wayne Turner for preliminary plat approval of Empire Estates, a 347 lot single family and duplex townhouse subdivision located on the northeast comer of Three Mile, Drive and Stillwater Road. This plat would create lots intended for duplex townhouse development on the perimeter of the site and single family lots on the interior of the site. The subdivision would be developed in accordance with City of Kalispell's design and construction standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning of R-4, Two Family Residential. 'The property can be described as Assessor's Tract 3 located in Section 1, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana- 3. A request by Jerry and LaVerne Scott for an initial zoning designation of B-2, General Business, upon annexation to the city of Kalispell on approximately one acre of property located west of Meridian Road between Meridian Court and Second Street West. The property is currently in the County zoning jurisdiction and is zoned R- 1, Residential- 'Ihe B-2 zoning designation anticipates commercial development. No development proposal has been presented at this time but a . or subdivision has been filed in conjunction with the annexation request to create two commercial lots on the east and west sides of the extension of Meridian Providing community Planning Assistance TO: • City of Columbia Falls a City of yaHspen * City of Whitefish • Court. The property proposed for annexation and zoning can be described as Lot 10 and I IB of Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition Ex Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 4. A request by G.R. Kirk Co. for an initial zoning designation of B-2, General Business upon annexation to the city of Kalispell on approximately 3.6 acres of property located west of Meridian Road between Meridian Court and Second Street West. The property is currently in the County zoning jurisdiction and- is zoned R-1, Residential. The B-2 zoning designation anticipates commercial and multi -family development. No development proposal has been presented at this time but a 6 lot commercial subdivision has been filed in conjunction with this application as described immediately below. The property proposed for annexation and zoning can be described as Lots I 1A, 12A and the west portion of Lots 13, 14 and 15 of Hollister's Meridian Tracts and Lot 13 of Block I Meridian Addition in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 5. A request by G.R. Kirk Co. for preliminary plat approval of Kirk Subdivision, a six lot commercial subdivision located west of Meridian Road between Meridian Court and Second Street West. This plat would extend Meridian Court to connect with Second Street West creating a new through roadway with parcels on the east and west sides of the road. The property contains approximately 3.6 acres. All subdivision lots would be served by public sewer and water, a new City street and would be developed in accordance with City of Kalispell standards. The preliminary plat is being submitted. in conjunction with the annexation of the property and designation of initial zoning of B-2, General Business. The property can be described as Lots 1 IA, 12A and the west portion of Lots 13, 14 and 15 of Hollister-'s Meridian Tracts and Lot 13 of Block 1 Meridian Addition in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 6. A request by Ron and Merna Terry for a conditional use permit to allow the construction of two triplexes on property zoned RA-1, Low Density Residential Apartment, located on the west side of Fifth Avenue East, north of 18th Street approximately 600 feet. The single family home located at 1605 Fifth Ave East would be removed and the triplexes constructed in its place. The property can be described as approximately the east half of Assessor's Tract 5-5 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request by William C. Rice for a change in zoning designation from RA- 1, Low Density Residential Apartment, to B-2, General Business, on approximately one half acre of property located on the west -side of Fifth Avenue East, north of 18th Street East approximately 600 feet. The purpose of the change in zoning is to accommodate the construction of mini -storage units to be located on this property and the property adjoining it to the north. The mini -storage facilities are subject to a conditional use permit and will be considered in conjunction with this request for a change in zoning. The property proposed for the zone change can be described as the approximately west half of Assessor's Tract 5-5 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. i. A request by William C. Rice for a conditional use permit to allow the construction of a mini -storage facility on property located on approximately one and a half acres of property located on the west side of Fifth Avenue East, north of 18th Street East approximately 600 feet. Approximately one acre of the -property is currently zoned B-2, General Business, which list mini -storage facilities as a conditionally permitted use. In conjunction with this request is a proposal to change the zoning on approximately one; half acre on the south end of this property from RA- 1, Low Density Residential Apartment, to B-2, General Business, for the purpose of accommodating a portion of the mini -storage units. 'Ihe property proposed for the mini -storage facilities can be described as the Assessor's Tract 5-2 and the approximate west half of Assessor's Tract 5-5 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 5990 1, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns Imown to the Board. Written comments may be submitted to the Tri-City MEREM977*1 Wilson, Senior Planner, at (406) 751-1850 for additional information. Thomas R. Jentz Planning Director t�-Rl - C�z - � 'I K RK HANSON, ALVIN & JANICE A METZGER, MARK R SNYDER, DAVID & GLORIA 445 ORCHARD RIDGE PO BOX 1332 2722 CLUB DR KALISPELL, MT 59901 KALISPELL, MT 59903-1332 LOS ANGELES, CA 90084 VINCENT G RIEGER LLC MC CRORIE IV, JOHN 4 MERIDIAN CT SCOTT, JERRY L & LAVERNE MC CRORIE, ANGELIQUE KALISPELL, MT 59901 10 S MERIDIAN RD 12 S MERIDIAN RD KALISPELL, MT 59901-3846 KALISPELL, MT 59901-4264 MORRIS, HARRY S & THERESA M CARTER, RON L & EDNA RUTH 14 S MERIDIAN RD 100 S MERIDIAN RD ANDERSON, GARY L & RUBY M KALISPELL, MT 59901 102 S MERIDIAN RD KALISPELL, MT 599014265 KALISPELL, MT 59901 SCOVEL, LANNY E SHAFER, ROBERT GETZ LIVING TRUST, DORTHEY F 110 S MERIDIAN RD 130 S MERIDIAN RD PO BOX 7112 KALISPELL, MT 59901 KALISPELL, MT 59901 KALISPELL, MT 59904 MOOTHART, WAYNE & ELAINE G R KIRK CO WISE, DOREENA & TIMOTHY 1221 2ND ST W 201 ST HELENS AVE PO BOX 308 KALISPELL, MT 599014203 TACOMA, WA 98402-2519 KALISPELL, MT 59903-0308 REED, TED A NORTHBROOK PROPERTIES INC HAFFERMAN, KURTIS & KATHY 119 S CEDAR DR 555 SKOKIE BLVD # 555 511 3RD AVE W KALISPELL, MT 59901-2930 NORTHBROOK, IL 60062-2845 KALISPELL, MT 59901 MONTANA FOREST PRODUCTS HARTSOCH, JEFFREY A & MARY L SGRENCI, TANYA M & PETER PO BOX 7038 1334 2ND ST W 188 SHELTER VALLEY DR KALISPELL, MT 59904-0510 KALISPELL, MT 59901 KALISPELL, MT 59901 ONEIL TRUST AGREEMENT HOUSTON, IRENE T OLSON, ELMER A & IRENE A 1326 2ND ST W 1314 2ND ST W 1300 2ND ST W KALISPELL, MT 599014206 KALISPELL, MT 59901-4206 KALISPELL, MT 59901-4206 VERNON, CHARLES E & KATHLEEN K FLATHEAD COUNTY BURLIN A NORTHERN & 2521 MISSION TRAIL 800 S MAIN SANTE FE RRAILWAY COMPANY ADPROPERTY TAX DEPT KALISPELL, MT 59901 KALISPELL, MT 59901 B PO BOX 961089 FORT WORTH, TX 76161 PAUL J STOKES & ASSOCIATES BRIEN SURVEYING, INC 343 1ST AVE W PO BOX 160 KALISPELL, MT 59901 SOMERS, MT 59932 8' 1 7D to asat GFL2 7 oat j GIBSON R 41 AUUMUN T-1 a 4 ADD, s CD ,f ' 2 f rs f A 45 KALUMBER CO. 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