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11. Ordinance 1472 - Zone Change - Rice & Terry - 1st ReadingTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT William C. Rice / Ron and Merna Terry - Zone Change from RA-1 To B-2 Between Third Ave East and Fifth St East MEETING DATE: July 7, 2003 BACKGROUND: This is a request by William C. Rice on behalf of Ron and Merna Terry for a change in zoning from RA-1 to B-2. This property is located between Third Avenue East and Fifth Avenue East north of Ace Hardware and east of the Outlaw Inn. The RA-1, a Low Density Residential Apartment zoning district allows duplexes and single-family homes as permitted uses and low density apartments as a conditional use. The minimum lot size requirement for this zoning district is 6,000 square feet plus 3,000 square feet for each additional unit beyond a duplex. The property owner is requesting that this property be rezoned from RA- 1, Low Density Residential Apartment, to B-2, General Business. The minimum lot size requirement for this zoning district is 7,000 square feet. The property owner would like to sell the property and feels that the zone change to B-2 would offer more development potential and marketability for this property. The area proposed for rezoning contains approximately one half acre or .57 of an acre, that will be combined with the adjoining property to the north, Assessor's Tract 5-2. The lots will be combined through a boundary line adjustment and will contain a total area of approximately 1.63 acres. Currently this property is undeveloped. This property is in an area which has a mix of uses in close proximity. There are single-family residences and multi -family dwellings under construction to the north, multi -family and single-family dwellings to the east and commercial development to the south and west. The general land use character of this area is a mix of commercial and residential. It lies in a transition area between a commercial core of south Kalispell and the established residential area on the east side of Kalispell. The was some neighborhood opposition to the proposed change in zoning because of the potential conflict with the nearby residents. The Kalispell City Planning Board held a public hearing at their regular meeting of June 10, 2003. The board considered the issues that were presented to them and the impacts other commercial uses might have. A motion was made and passed on a unanimous vote to recommend approval of the rezoning from RA-1 to B-2. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • William C. Rice —Zone Change from RA-1 to B-2 June 18, 2003 Page 2 RECOMMENDATION: A motion to approve the rezoning from RA-1 to B-2 would be order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: June 18, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter and Exhibit A (conditions of approval) Staff report KZC-03-1 and application materials Draft minutes from 6/10/03 planning board meeting H: \FRDO \TRANSMIT\KALISPEL\2003 \Kzc-03- I MEMO.DOC ORDINANCE NO.1472 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS THE WEST 189 FEET OF ASSESSOR'S TRACT 5-5 LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE WHEREAS, Ron and Merna Terry and William C. Rice, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-2, General Business, and WHEREAS, the property is located between Third Avenue East and Fifth Avenue East north of Ace Hardware and east of the Outlaw Inn, and WHEREAS, the petition of Ron and Merna Terry and William C. Rice was the subject of a report compiled by the Tri-City Planning Office, #KZC-03-1, dated June 2, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business, as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended approval of the requested zone change, and that the property as described above be zoned B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KZC-03-1. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described as the west 189 feet of Assessor's Tract 5-5 as B-2, General Business. SECTION 11. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 111. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF JULY, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk mast - Suite 211 Kalispell, Montana 59901 Phone: (406) " ;*June 18, 2003 Fax: (4067S I-1850 tr*=cc t51-1858 w.tr1cPlannin el.netChris Kukulski,City 4t.comCitY of Kalispell 4nag., P.O. BOX 1997 Kalispell, MT 59903 Re: William C' Rice / Ron between Third Aven u e Eaansdt Aa4necr1nFaifTerry - Zone Fifth 'Street East Dear Chris: Change Request f rom The Kalispell cc RA_ 1 0 'r-3-2 ity p1ann,ng Board consider a request by W,_ zoning from RA "net or' June 10, 2003 and held _1 lliam Rice On behalf Of Ron and T east 110 This property is locatAvenue Ec o 13-2rth Ma. TerraY Residential ed between for a Densit OfAce I-lardwe ast a PublichearinL,as permitted Apartment zoning and e hird Avenue East change ilq size Uses and low_ density ap district a, Of the Outlaw and R.ft., artment, as sin he a Lox,, requirement for this zo lows duplexes and . each additional district a conditional Inn- The RA unit beyond rung e-family home,,_� e zone change to 18 6,000 square fee nal use. The minimum lot or '000 Square feet f marketability f t Plus 3 and feels that the C, duplex. The Property Owner this Property. B-2 would 0 w 'lore development ty .57 of an acre, offer r r Ould like to sell the Proper or combine with the ad s d for rezonitg potential and that will be cOr The area propo e Tract 5-2. The lots will a of approximately 'joining propeconta'ns aPproxircontain a total arec be combined through a boun y 10 the north acqtely 1.63 dary ' A Narda. Wilson, acres. currently this line adjust, S s es s ors nent op "-valuating Of. the Tri-CityPlann. Property is Will theProject. Wilsonsaid there presented undeved. Proposed zone change because 'ng Office 'Staff report recommended Of the potential Some neighborhood #YIZC-03-1 approval Of the Zone otential conflict with change request. the nearbyopposit'on to the 1t: the public hearing, residents. Staff '�'-tween the commercial Rice )Oke in f al 81 favor lt, neighborhood , and r U Saying he felt this project was a good buffer '7'(��Posal saying the Project would for the record. Two People in Opposition from change the char- Two Of the spoke in opposition the Public hearing, the boar neighborhood. to the Lion was made and seco d discussed Q-ch passed on unani 11ded to adopt Stc the proposal an af zoning d Mous 'vote, to forward f d Public c esignation be charreport #KZC-03-1 as Omment. A siness a recommendation findings of fact On one-half acre oged from RA-1 L `hue East. n Property located ' Ow �eenS1ThResidentto the 'al Ity council that ' betcl, to B-2 General Avenue East and Fifth Providing City Of Kalispell - City of Coln Con"u unity Planning Assistance TO: III bia Falls . City of Whitef ish .s, h. William Rice / June 18, 2003 Page 2 of 2 Ron &. Merna Terry Zone Change Request Please schedule this matter for the July 7, 2003 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City GT/sm Attachments: c w/ Att: c w/o Att Staff report KZC-03-1 and application materials Draft minutes 6/10/03 planning board meeting Theresa White, Kalispell City Clerk William Rice, Hwy 93 South, Whitefish MT 59937 Ron &, Merna Terry, 1505 Whalebone Dr., Kalispell MT 59901 TRANSMIT\KALISPEL\2003\KZC-03-1 be willing to put up a fence on the northern boundary. PUBLIC COMMENT Wendy Wayman, Fifth Avenue East. She sent a letter to board members. Ms. Wayman wants the development to be done that best fits the neighborhood. She feels the site plan is flawed and development is too dense as it is. She stated that she wants all parking to be on the south side in the development itself (Birchwood Apartments side). She said that all parking should be contained on the property, and that Fifth is too busy and has no sidewalks or curbs. She said there is very little usable open space for these apartments and that the rear elevations facing the street should not be allowed. She would like to reduce the density by one or two dwellings. No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Anderson seconded to adopt staff report KCU-03-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to William C. Rice to allow the construction of two tri-plexes on approximately one acre of property in the RA-1 zoning district. BOARD DISCUSSION Taylor asked about the site plan, and whether the two tri- plexes are back to back or front to front. Wilson answered that the rear elevation would be seen from the street and that the contractor is the same one who built the Birchwood Apartments. MOTION (AMENDMENT) Hull moved and Atkinson seconded an amendment to add two conditions, one calling for a fence on the north side of the property and one adding a waiver of protest for an SID on Fifth Avenue East. ROLL CALL (AMENDMENT) The amended motion passed unanimously on a roll call vote. DISCUSSION There was no further discussion. ROLL CALL (MAIN MOTION) The main motion passed unanimously on a roll call vote. RICE ZONE CHANGE A request by William C. Rice, for Ron and Merna Terry, to REQUEST change the zoning designation from RA-1, Low Density Residential Apartment to B-2, General Business on one-half acre located between Third Avenue East and Fifth Avenue East. STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a KZC-03-1 AND KCU-03-2 presentation of staff report KZC-03- 1, a request to change the zoning designation from RA- 1, Low Density Residential Apartment to B-2, General Business, and KCU-03-2, a Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 18 of 23 request for a conditional use permit to construct a mini - storage facility in a B-2, General Business, zoning district on a one and one-half acre of property located between Third Avenue East and Fifth Avenue East. Wilson said that the applicant wants to rezone the east 1/2 acre of this property where the tri plexes will be and combine it with the existing 1 acre zoned B-2 to the north, and create 1 1/2 acres of B-2 zoning acres for a mini storage facility. The applicant would do a boundary line adjustment so that there are 1.6 acres combined. Wilson said that the land uses to the north are undeveloped, single family, to the east are residential RA-1, to the south are the Birchwood Apartments, and to the west is vacant property and the Outlaw Inn. This is a transition area between intensive commercial uses and residential properties to the east. Wilson said that the property owners within 150 feet were notified about two weeks before the meeting, with one property owner sending a letter with some concerns. Wilson stated that the Growth Policy anticipates that this area will be high density residential, which is a guideline and is not the sole consideration for land use. She stated that the high density residential designation can also accommodate some limited commercial uses. This zone change would be in substantial compliance with the anticipated development in the area. Wilson stated that there is one access to the site, which will be a private road easement off Third Avenue East, which is designated as a collector street. Third Avenue may warrant additional upgrades as development takes place, but it is adequate for now. Staff believes the zone change gives reasonable consideration to the character of the area and is in substantial compliance with the Growth Policy. Wilson also spoke on the CUP request on the entire 1.6 acres for mini storage units. She said that access would be via a private road easement from Third Avenue East to the mini storage facility. The road would be required to be paved and meet fire code requirements for the Kalispell Fire Department. Wilson mentioned that this site is not designated as having hydric soil or being in the flood plain, but it is prone to flooding. Wilson stated that because there is no on -site manager, there are no off street parking requirements, but there are specific standards for roads. The driving lane must be at least 30 feet wide when storage units face each other, and 26 feet wide if there is only one unit. Wilson said that there are no open space requirements, but there are screening requirements between residential properties and mini storage units. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 19 of 23 Wilson said that on the new site plan, the mini storage backs directly up to the neighbor's property boundary. She said that the neighbors did not want a road between the fence and the storage units. She said that units would be ranged around the perimeter of the site, with two rows of units near the center of the site, in order to keep impacts to the neighbors minimal. There will only be a need for water and electricity and would not need sewer. There would only be moderate impacts to traffic, the whole site would be screened, and an off -site manager would be located in the Birchwood Apartments. Wilson said that the properties to the west on Third have been historically used commercially, and to the east have been used as residential. She said that there will be moderate impacts compared to some other commercial uses, with insignificant impacts on commercial properties in the area. The residential impacts are generally unknown, but the area had been designated as commercial even under the Master Plan. Wilson said that there are 10 conditions listed in the staff report, and offered the revised site plan which replaces the plan submitted with the application. She said that some of the conditions are right out of the zoning ordinance. PUBLIC HEARING The public hearing was opened to thosewhowished to speak I on the issue. APPLICANTS/AGENCIES Bill Rice, 155 East Nicholas. Mr. Rice stated that some of the allowable uses in the B-2 zoning would have high impacts on the neighbors. He feels that this project is a good buffer between commercial and residential, and the plan is to phase it in as the market warrants. He stated he has no plans for RV or boat storage, and he redid the layout to provide more of a screen buffer for the neighbors. He said that lighting is a concern, and he may not add a lot of lighting due to after hours use and crime. He said that the center units will be gabled, and the outside units will have a shed roof. Mr. Rice stated that one neighbor did not want green metal slats in the chain link fence. He said that he will leave the security lighting in if necessary, and he will have a security gate with an electronic code. Hull asked if it was primarily designed to serve the apartments nearby. Rice answered it would serve the apartments and the whole south end of Kalispell. PUBLIC COMMENT Wendy Wayman, who spoke of her concerns with changes to the neighborhood. She asked for additional conditions of approval, including no driving lane between the eastern units d the fence. She would like it to be entirety landscaped, Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 20 of 23 with the mature tree on the site remaining. She would like to see screening provided by fencing and landscaping, with no slats in the fence, and would like the units to have a residential appearance rather than a commercial appearance. She asked how much fill will be necessary behind the property line? Ms. Wayman had a statement that she wanted entered into the record. Stan Boyer, who has lived in the area for 50 years. He said that at one time the property was a lake, so the area will have to be built up considerably, and that ground water sits after a heavy rain. He stated that since the back side of the units face residences, they will need to have compatible siding. No one else wished to speak and the public hearing was closed. Taylor read the neighbors' petition into the record. It states as follows: "We, whose signatures appear on the attached pages, are opposed to the residential to commercial zone change proposed in our neighborhood. There is already an abundance of commercially and industrially zoned land in the Kalispell planning area. There is no need to create additional commercial land at the expense of an established residential neighborhood like ours." Signatures follow. MOTION Atkinson moved and Johnson seconded to adopt staff report KZC-03-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning designation be changed from RA-1, Low Density Residential Apartment, to B-2, General Business on one-half acre on property located between Third Avenue East and Fifth Avenue East. BOARD DISCUSSION Taylor asked if shrubs or screening were still planned in the � area on the east side of the mini storage. Wilson answered that it is a requirement in the zoning ordinance. The shrubs would have to be three feet at planting and grow to six feet in three years. The plan indicates a five foot landscape along the perimeter. Atkinson asked if the entrance from Third Avenue will be paved, and if there will be overhead lighting. Wilson answered that everything will be paved, and that security lighting is addressed in Condition 9. Atkinson asked about Fourth Avenue East, and if there was a plan to make it go any further. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 21 of 23 Wilson stated that it was a half right of way, with all of the lots created by strange exemptions. She said that it was not part of the Kalispell Subdivision to the North, that they are just driveways that go down to little lots. Taylor noted that the site plan shows everything to the west is already commercial, including Western Building and the Outlaw Inn. There are also tri-plexes in the area and that it is an area in transition. Norton wanted to note that this area is appropriate for the B- 2 zoning designation because 3/4 of this development is already in B-2 zoning. ROLL CALL The 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 allow the construction of a mini - storage facility located between Third Avenue East and Fifth Avenue East. MOTION Atkinson moved and Johnson seconded to adopt staff report KCU-03-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to allow the construction of a mini - storage facility on property located between Third Avenue East and Fifth Avenue East. DISCUSSION Atkinson asked how much the land would need to be built up relative to the area. Rice answered that they don't want to be highest or lowest piece of ground, they don't want draining to the neighbors and don't want the neighbors draining to them. The old tree is about 14 feet from the fence and they would like to try to keep it. Norton asked Wilson if the area was in the flood plain. Wilson answered that it is not in the flood plain, but there is no good storm water system there. She said that once Highway 93 gets reconstructed, it should be better. The applicant may need to create a larger storm water retention area in order to get the density they want. MOTION (AMENDMENT) Norton moved and Atkinson seconded to amend Condition 2, to remove the green metal slats from the fence. ROLL CALL (AMENDMENT) The motion passed 6-1 on a roll call vote. Wilson addressed some of the neighbors concerns. She stated that perimeter landscaping would be part of the bll;l,l;-ermit si off, and would need to be completed Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 22 of 23 prior to occupancy. She stated that the phasing is done on a time limit of 18 months, and the developer needs to be show a continuous good faith effort, otherwise the permit expires. ROLL CALL (NL41N MOTION) The main motion passed unanimously on a roll call vote. OLD BUSINESS There was no old business. NEW BUSINESS Wilson asked for a work session for June 17 to discuss the work program. She stated that they completed a lot of the items on their work program, particularly the Growth Policy. Hull requested that sidewalks and trailers be on the work session. ADJOURNMENT The meeting was adjourned at approximately 11:30 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, July 8, 2003. eor e T r , Preside Judi Funk Recording Secretary APPROVED as submitted/ corrected: -/-/03 Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 23 of 23 RON AND MERNA TERRY I WILLIAM C. RICE ZONE CHANGE REQUEST FROM RA-1 TO B-2 TRI-CITY PLANNING OFFICE STAFF REPORT #KZC-03-1 JUNE 2, 2003 A report to the Kalispell City Planning Board the Kalispell City Council regarding a zone change request from RA-1 to B-2. A public hearing has been scheduled before the Kalispell City Planning Board for June 10, 2003, at 7:00 PM in Kalispell City Council Chambers. A recommendation from the planning board will be forwarded to the Kalispell City Council for final action. BACK GRCS tTND INFO RMATION: The applicants are proposing to amend the Kalispell Zoning Map by rezoning an approximately one-half acre site from an RA- 1, Low Density Residential Apartment zoning district to B-2, a General Business zoning district. The purpose of the change in zoning is to accommodate the construction of mini -storage units to be located on this property and the adjoining property to the north. A. Petitioner and Owners: Ron and Merna. Terry 1505 Whalebone Drive Kalispell, MT 59901-7418 William C. Rice 5733 Hwy 93 South Whitefish, MT 59937 (406) 863-9925 B. Location and Legal Description of Property: This property is located between Third Avenue East and Fifth Avenue East north of Ace Hardware and east of the Outlaw Inn. The property 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. C. Existing Zoning: Currently this property is zoned RA- 1, a Low Density Residential Apartment zoning district which allows duplexes and single-family homes as permitted uses and low density apartments as a conditional use. The minimum lot size requirement for this zoning district is 6,000 square feet plus 3,000 square feet for each additional unit beyond a duplex. D. Nature of Request and Proposed Zoning: The property owner is requesting that this property be rezoned from RA- 1, Low Density Residential Apartment, to B-2, General Business. The minimum lot size requirement for this zoning district is 7,000 square feet. The property owner would like to sell the property and feels that the zone change to B-2 would offer more development potential and marketability for this property. E. Size: The area proposed for rezoning contains approximately one half acre or .57 of an acre, that will be combined with the adjoining property to the north, Assessor's Tract 5-2. The lots will be combined through a boundary line adjustment and will contain a total area of approximately 1.63 acres. F. Existing Land Use: Currently this property is undeveloped. G. Adjacent Land Uses and Zoning: This property is in an area which has a mix of uses in close proximity. There are single-family residences and multi -family dwellings under construction to the north, multi -family and single-family dwellings to the east and commercial development to the south and west. North: Undeveloped and single-family dwellings, B-2 zoning East: Primarily residential, RA-1 zoning South: Birchwood Apartments, RA-1 zoning West: Vacant and Outlaw Inn, B-2 zoning H. General Land Use Character: The general land use character of this area is a mix of commercial and residential. It lies in a transition area between a commercial core of south Kalispell and the established residential area on the east side of Kalispell. I. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Pacific Power and Lights Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell J. Relation to Zoning Requirements: The area proposed for rezoning exceeds the minimum lot size requirement of 7,000 square feet for the B-2 zone. The area will be combined with the property to the north via a boundary line adjustment. The approximately 0.57 acres will be combined with the parcel to the north for a total area of approximately 1.63 acres. No subdivision of this property is anticipated, but rather a conditional use permit for the construction of a mini -storage facility has been filed concurrently with the request for a change in zoning. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, one of the adjoining property owners came to the Tri-City Planning Office with concerns regarding traffic, screening, lighting and neighborhood compatibility. 2 The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. STOMMM74#1 MMMMUNWIMMIN MMMITWORM M2 This property is included in the Kalispell Growth Policy and is designated as High Density Residential on the future land use map. However, the growth policy land use designations are intended as a guideline for future land uses and are not intended as the sole consideration for zoning and land uses. The Kalispell Growth Policy also encourages the expansion of existing commercial areas based on compact development pattern and encourages infilling to take advantage of existing streets and services. The proposed zone change furthers several goals of the Kalispell Growth Policy relating to expansion of existing commercial areas and the proposed zone change can be considered to be in substantial compliance with the anticipated development for the area. Access to this site will be provided from Third Avenue East which is designated as a collector from 1 lth Street East to Highway 93. This street is in fair condition and may warrant additional upgrades by the City as additional development in the area takes place. Additional traffic which might be generated from the development of this property can be adequately accommodated by the road system in the area. Very little risk from fire or other dangers exist on this site. This property is, however, in an area which traditionally has had some problems with high groundwater. Drainage on the site will need to be engineered in accordance with plans approved by the Kalispell Public Works Department. Access to the site would be good in the case of an emergency. No significant impacts could be anticipated with regard to safety hazards, fire or other emergency situations. =R* Cali" MIM POIFF "Oer-MOTSURF WMI By concentrating additional commercial development in an area which has public services, access onto a collector street and is located in an area which is an established commercial area make this rezoning a reasonable and appropriate use of the property. It appears that the general welfare of the community would be advanced by rezoning this property to commercial. Adequate light and air would be provided both by the design standards and the setback requirements for new development. 3 � Ma - - M - � MESMOMMAMIM I Ira The minimum lot size for the proposed B-2 zoning on this property is 7,500 square feet. The potential development associated with this property would be limited only by the development standards associated with the B-2 zoning district that relate to lot coverage, the types of uses permitted under the zoning and the environmental constraints which may be present associated with storm drainage. However, commercial development in this area is appropriate because of its location and the availability of urban serves. The rezoning of this land would not create an undue concentration of people or the overcrowding of land. water, sewerage, schools, parks, and otherpublic requirements? Existing transportation, police and fire protection as well as water and sewer are currently available to service this property and are adequate to accommodate any commercial use which might develop. Development potential of the property is good and adequate provision of services can be provided to this property for commercial development. Wl Isim 010 a ILI 1.93 Wor. Iwo The master plan designates this property as commercial on the plan map and there is significant other commercially zoned property to the west and to the south. The location of the property with access to a street which is designated as a collector and in an established commercial area make commercial development of this site a reasonable request. - 107riarMSTFUM 11610 WA*j is �Wv The character of the area is commercial to the west and residential to the east. This property acts as a transition area between the two land use types. The orientation of this property between Third Avenue East and Fifth Avenue East as well as its proximity to other commercial development in the area gives consistency to commercial development in the area. This rezoning gives reasonable consideration to the character of the area. MMMAM. WENG3891MOWSW-M Additional commercial development in the area would be consistent and compatible with existing development, thereby minimizing potential conflicts and conserving the value of buildings in the area. 11111111�llillflllimlllllllllllillilI =14T.Wir.14111 Ell all (safL*l IPJSILOILD.I=441ILfon El This rezoning request is in general compliance with the Kalispell Growth Policy with regard to the location and expansion of new commercial areas. The proximity to other commercially zoned properties and access to a designated collector street make commercial development a reasonable use of this property. Furthermore, the rezoning is an expansion of commercial development in areas of established commercial area. It appears that this rezoning would encourage the most appropriate use of this property and the use of land in the planning jurisdiction. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KZC-03-1 as findings of fact and recommend to the Kalispell City Council that the requested zone change from RA-1 to B-2 be granted. NW 5 5. To accommodate pick-up of residents by Eagle Transit service, locate the bus stop and access area in accordance with their recommendations. 6. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. 2 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 1. NAME OF APPLICANT: C (Px� 2. MAIL ADDRESS: 6711 t+W4 93 � - 3. CITY/STATE/ZIP: �Mf I *1 67737 PHONE: 4. INTEREST IN PROPERTY:- PVPJC'd� 5. ZONING MAP AMENDMENT: A ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: /&02 L. I;: - Avr B. Legal Description: 1.6-� '5 — (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: D. The proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: ZULZ UtA- +0 COIABIM t*V- bV*'j-L W* ',�)VK-tIMiJ6 4� \011�\- SIMRA4cc U"k -�4 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Ylan B. Lessening congestion in the streets and providing safe aQcess- C. Promoting safety from fire, panic and other dangers All D. Promoting the public interest, health, comfort, convenience, safety and general welfare V-)4k )WI) shm+t ilD P+j mx6 "iw 60S E. Preventing the overcrowding of land -&Jkq�" r-hynAg"a F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities w* u -Z cd L H. Giving reasonable consideration to the character of the district i-I.- 1W ow w: ldo- 14f c � -HtE Wit 11 1, ASS S PVC, MV 01 Skiz' 09 I. Giving consideration to the peculiar suitability of the property for particular uses n)V6q 1-1,100 lm�zn MC*,CZI +�V bAR bIL ec��-Fawm I I 'FAI MR, MA I M J. Protecting and conserving the value of buildings to\&,) t+EIL�Wr 14j� - �Atzv K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during approval process. (Applicant) (Date) 3 iy_(ttc i[+�<th y 25, 2003 .The Daily Inter Lake, Sunday, May 25, 2003 — E3 described below is Ing filed concurrently :h the annexation and ning request. The operty proposed for nexation and zoning n be described as As- ssor's Tract 3 located Section 1, Township North, Range 22 est, P.M.M., Flathead runty, Montana. ?. A request by Wayne irner for preliminary it approval of Empire tates, a 347 lot single nily and duplex town - use subdivision locat- on the northeast Cor- r of Three Mile Drive d Stillwater Road. is plat would create s intended for duplex vnhouse development the perimeter of the e and single family s on the interior of the e. The subdivision iuld be developed in cordance with City of tlispell's design and nstruction standards. e preliminary plat is Ing submitted in con- iction with the annex - on of the property and signation of initial ning of R-4, Two mily Residential. The )perty can be descri- d as Assessor's Tract ocated in Section 1, ,wnship 28 North, Inge 21 West, A.M., Flathead Coun- Montana. i. A request by Jerry d LaVerne Scott for initial zoning desig- tion of B-2, General siness, upon annexa- n to the city of Kalis- It on approximately e acre of property to- ted west of Meridian lad between Meridian rurt and Second -eet West. The prop- :y is currently in the )unty zoning jurisdic- n and is zoned R-1, )sidential. The B-2 ning designation an - pates commercial de- lopment. No develop- mt proposal has been ssented at this time t a minor subdivision s been filed in con- iction with the annex - on request to create o commercial lots on east and west sides the extension of Men- tn Court. The proper - proposed for annexa- n and zoning can be scribed as Lot 10 and B of Hollister's Meridi- Tracts and Lot 13 of )ck 1 Meridian Addi- ,n in Section 13, iwnship 28 North, Inge 22 West, M.M., Flathead Coun- Montana. A request by G.R. rk 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 11A, 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 Marna 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 Avenue East, north of 18th Street approxi- mately 600 feet. The single family home lo- cated at 1605 Fifth Ave East would be removed and the triplexes con- structed in its place. The property can be de- scribed as approximate- 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- eral Business, on ap- proximately one half acre of property located on the west side of Fifth Avenue East, north of 18th Street East approx- 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 adjoining it to the north. The mini -storage facili- ties 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 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 a propos- 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 F&W95 Terry O'Boyle 2007 Fifth Ave East Kalispell Came into the Tri-City Planning Office to find out about the triplex, rezoning and mini - storage proposals. Stated he had no issues or concerns with the proposed developments). According to the Kalispell City -County Growth Policy Plan, ai_)Ck�V Ov\ I I �OCcJJd !v\ tAv�,eki�i 4\CJ �Ckcv_ ml�� I {, With this in mind, couldn't the applicant find another more suitable location for the mini -storage use? It is a land use that is neither location- nor infrastructure -sensitive. Unless of course the main objective of the proposal is to serve multi -family developments in the area that were poorly designed in terms of storage and approved without consideration given to these shortcomings. If that is Ow case, shouldn't the burden of providing garages or storage facilities be placed on the owners/developers of those apartment complexes rather than at a location that degrades the existing residential neighborhood? 0 Stated goals of the Growth Policy Plan: (pages 14,15) The proposed zone change is clearly contrary to these statements. The applicants have approximately one -acre of appropriately -zoned land that can be developed in a manner that is both sensitive to the established, intact residential neighborhood and certain to realize a profit for the owners. Further encroachment into this residential area is not warranted given the abundance of commercial and industrial land in the Kalispell area. It is clear, by looking at the city zoning map, that properties west of what would be the extension of 4th Avenue East are clearly intended to be commercial and those to the east (with frontage on 5th) should remain residential. The imaginary line of what would be 4th Avenue East provides an appropriate boundary between commercial and residential uses. The exception is tract 5-2 (the property under consideration) which is likely zoned B- 2 because of its ownership or prior use. Just because this isn't the nice neat grid of alleys and streets as found further north, it IS a residential neighborhood and it shouldn't be destroyed by the unnecessary expansion of the B-2 zone and the construction of 140 storage units. Fewer units could be constructed on the B-2 zoned site with proper design measures taken to mitigate impacts. a I So Z, 3-/ 7 ve -sAc(u.3A-. sh-dn� �la liIii4 op .4f7 5 If v 9"- 5-1)7 a3 3/ MOM up— -�7 75-7- 75"-7el'o 7 � e,, -,�a 7 -elo � 3 , � t ct .� ' Denman Construcfion, Inc. 5733 Hwy. 93 South Whitefish, Mr 59937 (406) 863-9925 (406) 862-3151 Fax To: 10'v? Date: ho —Fwsimile TmusmitW 06/10/2003 02:46 4068623151 DENMAN CONSTRUCTION PAGE 02 a lint ;wl+ I - m TCPO - 2003 Zone Change, Variance, Conditional Use, PUD, Annexation & Zoning CERTIFICATION APPLICANT: RON & MERNA TERRY / WILLIAM RICE TCPO FILE NO: #KCU-03-2 (MINI STORAGES) / #KZC-03-1 I, the undersigned, certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the property lines of the property that is the subject of the application. F Date: J'"-3 - 0 IJ WILLIAM RICE 5733 HWY 93 SOUTH WHITEFISH MT 59937 AND ATTACHED LIST Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 � 4 -T-7-TIVE L-U#j 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 coTtait fris -alfte for additional information. 'I I The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Taesday, 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 boardwill make a recommendation to the Kalispell City Council who will take final action. I 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 Three 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. k. 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 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 LaVeme 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. The B-2 zoning designation anticipates commercial development. No development proposal has been presented at this time but a minor subdivision has been filed in conjunction -with the annexation request to cre.qte two corn-m cial lots on the east and west sides of the extension of Meridian Providing Community Planning Assistance To: a r-it-%r of r-M-n-mbin Raffis a rlit-v of XaUsnen * City of 19hitefish Court. The property proposed for annexation and zoning can be described as LQ 10 and 1 1B of Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Additio in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead C Montana. le. 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 1 IA, 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 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. 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 fan -lily 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. k iy Inter LAkle�,, ` ay 25, 2003 The. Daily Inter Lake, Sunday, May 25, 2003 — E3 3Ls described below is oeing 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 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 Road between Meridian Court and Second Street West. The prop- erty is currently in the County zoning jurisdic- tion and is zoned R-1, Residential. The B-2 zoning designation an- ticipates commercial de- velopment. No develop- ment proposal has been presented at this time but a minor subdivision has been filed in con- junction with the annex- 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. A request by G.R. SC�rL (".n tnr 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 rinncit5i Raciriantiai Apartment, located on the west side of Fifth 5. Avenue East, north of °N 18th Street approxi- ''f mately 600 feet. The single family home Ic- =2 sated at 1605 Fifth AveAV East would be removed � and the triplexes con- structed in its place ti The property can be de- y2 scribed as approximate is ly the east half of As- sessor's Tract 5-5 locat- ed in Section 17, Town11 - ship 28 North, Range 21 West, P.M.M., Flathead �t County, Montana. 0.4 7. A request by Wil- liam C. Rice for a change in zoning desig- nation from RA-1, Low Density Residential ;t Apartment, to B-2, Gen- eral Business, on ap E proximately one half �All...� acre of property located ;� on the west side of Fifth If Avenue East, north of 18th Street East approx xk imately 600 feet. The. - purpose of the change in zoning is to accom modate the construction 4, of mini -storage units to be located on this prop- erty and the property ._# adjoining it to the north The mini -storage facili ties are subject to at-1 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 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 ai- 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- nilities nan be described'