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07. Ordinance 1428 - Zone Change Request - Anthony Lupo - 1st ReadingREPORT TO: FROM: SUBJECT: Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@ceoturytel.net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Zone Change from RA-1 to B-2 West Side of Third Ave East - Anthony Lupo MEETING DATE: July 1, 2002 BACKGROUND: This is a zone change request by Anthony Lupo on approximately 1.5 acres of property located on the east side of Third Ave East between 141h Street East and 18f Street East. The property is currently undeveloped. The applicants are proposing to amend the zoning on the property from RA-1, Low Density Residential Apartment, to B-2, General Business District, with an intent to better market the property. At the planning board hearing held on June 11, 2002 the staff explained that rezoning was an attempt to better market the property as it has been for sale for some time and based on the master plan for the area, the staff was recommending approval of the request. A public hearing was held before the planning board and Harvey Paugh, a realtor representing the applicant, spoke in favor of the rezoning saying it seemed reasonable considering the way the area was developing and other zoning in the area. There was no other testimony. The Kalispell City -County Planning Board held a public hearing at their regular meeting of June 11, 2002 regarding the proposed rezoning and there was no opposition from the public. A motion passed unanimously adopt the staff report and recommend to the Kalispell City Council that they approve the proposed rezoning from RA-1, Low Density Residential Apartment, to B-2, General Business. RECOMMENDATION: A motion to adopt the ordinance on first reading to rezone the property from RA-1 to B-2 would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Anthony Lupo Zone Change RA-1 to B-2 June 20,2002 Page 2 Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: June 20, 2002 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter CJ�'"i+.�-7 21 Chris A. Kukulski City Manager Staff report KZC-02-6 and application materials Draft minutes from 6/ 11/02 planning board meeting H: \FRDO\TRANSMIT\KALISPEL\2002 \KZCO2-1 MEMO. DOC ORDINANCE NO. 1428 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOTS 1 THROUGH 7, BLOCK 1, RYKER ADDITION LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Anthony Lupo, the owner of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to B-2, General Business, and WHEREAS, the property as described exists as property surrounded to the North by multifamily and single family dwellings, City B-2 and RA-1 classification, to the East by residential, City RA-1 classification, to the South by undeveloped and Ace Hardware, City B-2 classification, and to the West by Outlaw Inn, City 3-2 classification, and WHEREAS, the petition of Anthony Lupo was the subject of a report compiled by the Tri-City Planning Office, #KA-02-1, dated June 4, 2002, 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 the property as described 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 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. KA-02-1. 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. 1175) is hereby amended by designating the property described as Lots 1 through 7, Block 1, Ryker Addition in Section 17 as B-2, General Business. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 1ST DAY OF JULY, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net June 20, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Zone Change from RA-1 to B-2 West Side of Third Ave East - Anthony Lupo Dear Chris: The Kalispell City Planning Board met on June 11, 2002, and held a public hearing to consider a request by Anthony Lupo to amend the Kalispell zoning map on approximately 1.5 acres of property. The property is located on the east side of Third Ave East between 14th Street East and 18th Street East. The property is currently undeveloped. The applicants are proposing to amend the zoning on the property from RA-1, Low Density Residential Apartment, to B-2, General Business District, with an intent to better market the property. Narda Wilson, of the Tri-City Planning Office, presented staff report KZC-02-1, evaluating the proposed zone change. She explained that the rezoning was an attempt to better market the property as it has been for sale for some time and based on the master plan for the area, the staff was recommending approval of the request. A public hearing was held before the planning board and Harvey Paugh, a realtor representing the applicant, spoke in favor of the rezoning saying it seemed reasonable considering the way the area was developing and other zoning in the area. A motion was made and passed unanimously by the planning board to recommend approval to the Kalispell City Council for the requested zone change from RA-1, Low Density Residential Apartment, to B-2, General Business. Please schedule this matter for the July 1, 2002 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 -County Planning Board &0 /'AV Bill Rice Vice President Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Anthony Lupo Zone Change from RA-1 to B-2 June 20, 2002 Page 2 BR/NW Attachments: Staff report KZC-02-1 and application materials Draft minutes 6/ 11/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Anthony Lupo, 1826 Fifth Ave East, Kalispell, MT 59901 H: \FRDO\TRANSMIT\KALISPEL\2002 \KZC-02-LDOC PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KA-02-6 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be B-2, General Business, upon annexation. BOARD DISCUSSION Johnson asked and Wilson answered that Public Works is informed of all annexations and there would be no impacts on the sewer treatment plant. She said the plant's overall capacity could accommodate this growth. ROLL CALL The motion passed unanimously on a roll call vote. ANTHONY L. LUPO ZONE A zone change request by Anthony L. Lupo from RA-1, Low CHANGE Density Residential Apartment, to B-2, General Business, on property that lies on the east side of Third Avenue East and contains approximately 1.21 acres. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KZC-02-1 presentation of staff report KZC-02-1. Wilson explained the existing zoning and nature of the request noting that the master plan for this area is Commercial. She said the property owner is requesting the property be rezoned from RA-1, Low Density Residential Apartment, to B-2, General Business. 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. Upon review of the findings of fact and evaluation of the statutory criteria staff recommended adoption of the staff report and its findings and that the requested zone change from RA-1 to B-2 be granted. APPLICANT/AGENCIES Harvey Paugh, with Western Brokers representing the applicant, said Wilson covered all the bases. He added that the small lots shown on the map are not feasible to market as individual lots and, hopefully, they could market them as one lot to be developed as multi -family or apartment. He felt the B-2 would be the best zoning for the area because it is consistent with the area and they could maximize the marketability of the property. PUBLIC HEARING The public hearing was opened to those who wished to speak. PROPONENTS No one wished to speak. Kalispell City Planning Board Minutes of the meeting of June 11, 2002 Page 2 OPPONENTS No one wished to speak and the public hearing was closed. MOTION Johnson moved and Brechel seconded to adopt staff report KZC-02-1 as findings of fact and recommend to the Kalispell City Council that the requested zone change from RA-1 to B- 2 be granted. BOARD DISCUSSION Brechel questioned the area where the lots were and Wilson clarified. ROLL CALL The motion passed unanimously on a roll call vote. D. JOE CLARK A request by Joe Clark for a conditional use permit to allow CONDITIONAL USE PERMIT the construction of 15 apartment units on property zoned RA-1, Low Density Residential Apartment, at the south end of First Avenue West on the west side of the road. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KCU-02-4 presentation on staff report KCU-02-4, a request for a conditional use permit to construct 15 apartment units in an RA-1, Low Density Residential Apartment zoning district. Wilson explained there would be three four-plex units and one tri-plex unit with each of the units being two-story in design. Access to the site would be from First Avenue West. Two parking lots would be developed; one at the east end of the property and another at the west end of the property with an access road that joins them along the southern boundary. Wilson said the City of Kalispell would grant the applicant an emergency access off of the driveway at the west end of the parking lot to avoid having to put in a turn -around. She mentioned consideration of sidewalks with a landscape buffer along First Ave West since it has been required from the last apartment projects that have come before the board and noted it was not a condition of the staff report. She said her office received one phone call from a property owner to the south. He had concerns about all the access requirements being met on site, which, Wilson said, they will. Staff recommended adoption of the staff report as findings of fact subject to 6 conditions. Wilson noted the addition of condition #7, that the project comply with uniform building codes, and condition #8, that an accurately scaled site plan be submitted prior to applying for a building permit. As an additional recommendation not related to this project staff also recommended screening and buffering to be provided on City property to the north. APPLICANT/AGENCIES David Graham, 128 W. Bluegrass Drive, spoke on behalf of the owners of the property. He said that as a real estate broker he's aware of an excessive demand for multi -family properties and felt this is a logical situation in light of the economy and need for that kind of housing. He felt the location is good because it is close to the central city. He Kalispell City Planning Board Minutes of the meeting of June 11, 2002 Page 3 ANTHONY L. LUPO ZONE CHANGE REQUEST FROM RA-1 TO B-2 TRI-CITY PLANNING OFFICE STAFF REPORT #K:ZC-02-1 JUNE 4, 2002 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 11, 2002, 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. BACKGROUND INFORMATION- The applicants are proposing to amend the Kalispell Zoning Map by rezoning an approximately one acre site from an RA-1, Low Density Residential Apartment zoning district to B-2, a General Business zoning district. A. Petitioner and Owners: Anthony Lupo 1826 Fifth Ave East Kalispell, MT 59901 (406) 257-5876 B. Location and Legal Description of Property: This property is located on the east side of Third Avenue East, north of Ace Hardware and east of the Outlaw Inn. The property can be described as Lots 1 through 7, Block 1, Ryker Addition 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 sell the property and feels that the zone change to B-2 would offer more development potential and marketability for this property. E. Size: There are seven lots and an unused and undeveloped alley in the property proposed for rezoning. This is a subdivision that was platted in 1946 and has never been developed. Lots 1 through 6 are 40.66 feet wide and 140 feet long. Lots 5 through 7 face Third Ave East and are separated from Lots 2 through 4 by a 20-foot wide undeveloped alley that runs north and south. Along the east boundary of Lots 2 through 4 is Lot 1, a north/south lot that is 33 feet wide and 122 feet long. It appears as though Lot 1 was intended to be used as the west half of an undeveloped roadway which is evidence by the same configuration as some of the parcels to the north and east. The combined square footage of all seven lots and the alley is 40,626 square feet or 0.933 of an acre. The alley was dedicated to the public, but has never been used and should be convey to the owner(s) of these lots through formal Council action of abandonment. 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: Multi -family and single-family dwellings, B-2 and RA-1 zoning East: Primarily residential, RA-1 zoning South: Undeveloped, Ace Hardware, B-2 zoning West: 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 individual lots in the subdivision do not meet the minimum 7,000 square foot lot size requirements of the B-2 zone since they are 40.66 by 140 feet. The 20-foot alley adds another 10 feet to the ends of these lots. Each lot being 40.66 by 150 would be 6,099 square feet. However, it is extremely unlikely that these lots would be developed individually but rather would be marketed, sold and developed as a single parcel. The property would likely have more value as a single parcel rather than the lots being sold individually or two or three at a time. The combined total of these lots is 0.933 of an acre. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, no comments had been received from the public regarding this proposal. 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. � . - . -. -'T.�7.T.iii�7�: .. - . n . Crh'%iii'.ii. - u . - • , . The Kalispell City -County Master Plan map designates this property as Commercial. The proposed rezoning meets goals of the master plan with regard to commercial expansion particularly Goal 6, Land Use, Section (a) which encourages adequate areas for a variety of business and commercial uses such as neighborhood oriented business and services, highway commercial oriented activities and general commercial uses. Goal 6, Section (b) encourages expansion of commercial areas based on compact development pattern designed to meet the needs of the intended service area. Goal 11, Energy, encourages infilling to take advantage of existing streets and services. The proposed zone change furthers several goals of the Kalispell City -County Master Plan relating to expansion of existing commercial areas. �.- -. - . .. .1: . . •.• .. Access to this site can be provided from Third Avenue East which is designated as a collector from 11th 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. .. ... ...rawm.. .,.• 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. �.tfil . . . .,.• .u. . . . -.. By concentrating additional commercial development in an area which has community water and sewer, 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. Furthermore, the master plan designation for this property is commercial. It appears that the general welfare of the community would be advanced by rezoning this property commercial. 3 Adequate light and air would be provided both by the low density allowed in the district, design standards and the setback requirements for new development. 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. 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 or multi -family residential development. 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 along a street which is designated as a collector and in an established commercial area make commercial development of this site a reasonable request. The character of the area is commercial to the west and residential to the east. As a note, recent changes to the B-2 zoning allows multi -family development as a permitted use. There are two multi -family developments currently underway almost immediately north of this site on property that is zoned B-2, General Commercial. This property may also be developed with multi -family and will in effect act as a transition area between the two land use types. The orientation of this property along Third Avenue East as well as 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. 4 Additional commercial or multi -family development in the area would be consistent and compatible with existing development, thereby minimising potential conflicts and conserving the value of buildings in the area. .. . 111, .. .,., .. MEM. •.. i 0 a M a i.. Because this rezoning request complies with the commercial master plan map designation and because of its location on a designated collector street, commercial development seems the most appropriate 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-02-1 as findings of fact and recommend to the Kalispell City Council that the requested zone change from RA-1 to B-2 be granted. fLO 5 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 NAME OF APPLICANT: 2. MAIL ADDRESS: 6->--j Aae F-46 f- 3. CITY/STATE/ZIP: X2 )AT- sy90 PHONE: 4. INTEREST IN PROPERTY: w/J e A 5. ZONING MAP AMENDMENT:— X 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: '50 0-^A '?rl Ave '�C- We # B. Legal Description: 1- for I (L t and Block of Subdivision; Tract #) 5�l (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: R A D. The proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: R� r�TVFn MAY 10 2002 TRI-CITY pLANNING OFFICE HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan YYl Ct5T2 A- OLm� L.-n e.�e C=PZM B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comf,,ort, convenience, safety and general e.o welfare cm:n � w ilA - ':A� E. Preventing the overcrowding of land GrmA %s� 4 GSjQB� F. Avoiding undue concentration of population Ol/18.& 00 A . G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities H. Giving reasonable consideration to the character of the district Canso ►AJ dL Can", I. Giving consideration to the peculiar suitability of the property for particular uses QRi ' f il1hn- c J. Protecting and conserving the value of buildings i h K. Encouraging the most appropriate use of landbyassuring` orderly ih i6 o a. eta `tn-, � wo wu �1 e 5c".t growth 1 -6 Q 7`r[eAs i i u. rris rA�ea !a a M44,0p', C°rnYly The signing of this application signifies approval for Tri-City Planning on the property for routine monitoring and inspection during approval (Ap c t) (Date) 3 staff to be present process. D6=The Daily Inter Lake, Sunday; May26, 2002 - A request by Joe Clark No. 5852 for a conditional use NOTICE OF PUBLIC permit to allow the win - HEARING struction of 15 apart. KALISPELL CITY ment units on property -PLANNING BOARD zoned RA-1, Low Densi- -.AND ZONING COM- ty Residential Apart. MISSION ment, which lists multi - Zone Change RA-1 to family dwellings as a B-2 Third Ave East conditionally permitted 15 Unit Apt Complex use. The property con - at 1700 First Ave West tains slightly over one — Conditional Use Per- acre. Four separate 'mit buildings — three four - Four Unit Apt at East plex units and one tri- End of Washington St ,plex unit, would be con- - Conditional Use Per- strutted at the south '. mit ,end of First Ave West Initial Zoning of B-2 for " on the west side of the Big Sky Properties Hwy, road. The property can - 93 So Upon Annexation be described as Asses- The regular meeting of: sor's Tract 8J located in the Kalispell City Plan- Section 18, Township ping Board and Zoning 28 North, Range 21 Commission is sched- - West, P.M.M., Flathead uled for Tuesday, June County, Montana. -'. 11, 2002 beginning at A request by Lisa M. 7:00 PM in the Kalispell Wurster for a conditional .City Council Chambers, use permit to allow the Kalispell City Hall, 312 construction of a four. - First Avenue East, Ka- unit apartment on prop- lispell. During the regu- erty zoned RA-1, Low. lady scheduled meeting Density Residential of the planning board, Apartment, which lists the board will hold a -:multi -family dwellings as public hearing and take 'A conditionally permitted ;public comments on the `''use. The property con - flowing agenda items. tains approximately .The board will make a '1,8,229 square feet. The recommendation to the y".property is at the east .?Kalispell City Council -; nd of Washington Who will take final ac- %`Street on the north side. The rThe property can be de - -- tion. A zone change re- as Amended quest by Anthony L. Lu- Assessor's Tract 34 to- cated in Section 8, po from RA-1, Low -Den- Township 28 North, sity Residential Apart- Range 21 West, ment, to B-2, General .Business, a district that P.M.M., Flathead Coun- allows a broad mix of ty, Montana. A request by Dennis commercial uses and multi -family dwellings. Osburn for an initial The property lies be- - zoning designation of B- -tween the 14th St East ?. General Business, and 18th St East on the ;upon annexation into -,, the City of Kalispell on east side of Third Ave East and contains ap- approximately one third proximately 1.21 acres - of an acre that lies of the southeast corner of and is currently unde- veloped. The property `Kelly Road and Hwy 93, proposed for rezoning Ig akyt,Properties, lo- at 9 2fj7,. HEX3 can be described as Lots 1 through 7, Block eSd So. The ppro�pefly.is.cur- 1, Ryker's Addition in rently in the County-zon-- Section 17, Township -ing jurisdiction and is 28 North, Range 21 zoned B-2, General West, P.M.M., Flathead Business. The property County, Montana. is annexing in order to receive City utilities. 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" ..<��ne.a6+iam�T_G£Cov/y G.m+avwu GERT/F/GRTC BF COUNTY s/LR✓EYOR m.�.de.,.o. c ,Ny s ♦m*c ,.: «r/s. fw.- w.a:.w �•,.ry. da .r<,�e �esiy � i �.�� ;.es,»� a.....aa. arr' :.r s•.�w„m ,e <.w.uau ,s...ey a�C GM♦f afKi�0rrM.+M.s.Lu.. day u!-Ruy �..- TCPO-2002 Zone Change, Variance, Conditional Use, PUD CERTIFICATION APPLICANT: ANTHONY LUPO TCPO FILE NO: #KZC-02-1 I, the undersigned, certify that I did this date mail a cop q 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. -.�-3-v ANTHONY LUPO 1826 5TH AVE EAST KALISPELL MT 59901 AND ATTACHED LIST NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING C Zone Change RA-1 to B-2 Third Ave East 15 Unit Apt Complex at 1700 First Ave West - Conditio Four Unit Apt at East End of Washington St - Condit103 Initial Zoning of B-2 for Big Sky Properties Hwy 93 So Ul The regular meeting of the Kalispell City Planning Board and 2 scheduled for Tuesday, June 11, 2002 beginning at 7:00 PM Council Chambers, Kalispell City Hall, 312 First Avenue East, I regularly scheduled meeting of the planning board, the board will and take public comments on the following agenda items. Th recommendation to the Kalispell City Council who will take final ac Use Permit Use Permit Annexation Ling Commission is 1 the Kalispell City dspell. During the old a public hearing board will make a A zone change request by Anthony L. Lupo from RA-1, Low -Density Residential Apartment, to B-2, General Business, a district that allows a broad mix of commercial uses and multi -family dwellings. The property lies between the 14th St East and 18th St East on the east side of Third Ave East and contains approximately 1.21 acres and is currently undeveloped. The property proposed for rezoning can be described as Lots 1 through 7, BIock 1, Ryker's Addition in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Joe Clark for a conditional use permit to allow the construction of 15 apartment units on property zoned RA-1, Low Density Residential Apartment, which lists multi -family dwellings as a conditionally permitted use. The property contains slightly over one acre. Four separate buildings - three four-plex units and one tri-plea unit, would be constructed at the south end of First Ave West on the west side of the road. The property can be described as Assessor's Tract 8J located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Lisa M. Wurster for a conditional use permit to allo v the construction of a four -unit apartment on property zoned RA-1, Low -Density Residential Apartment, which lists multi -family dwellings as a conditionally permitted use. The property contains approximately 18,229 square feet. The property is at the east end of Washington Street on the north side. The property can be described as Amended Assessor's Tract 34 located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Dennis Osbum for an initial zoning designation of B-2, General Business, upon annexation into the City of Kalispell on approximately one third of an acre that lies at the southeast corer of Kelly Road and Hwy 93, Big Sky Properties, located at 2267 Hwy 93 So. The property is currently in the County zoning jurisdiction and is zoned B-2, General Business. The property is annexing in order to receive City utilities. The property proposed for annexation can be described as Assessor's Tracts 2AAD and 2AAE located in Section 20, 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 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. h Thomas R. Jentz Planning Director LUPO, ANT14ONY L KASKI, JAMES & EILEEN BOWKER, ARNOLD M & 1826 5TH AVE E 22011 NE 212TH AVE DARLENE F KALISPELL, MT 59901-5916 BATTLE GROUND, WA 98604 1427 4TH AVE E KALISPELL, MT 59901-5903 LUPO TRUSTEES ANTHONY T & MARTHA C 1826 5TH AVE E KALISPELL, MT 59901-5916 LUPO, ANTHONY T LUPO, PATRICK L 1826 5TH AVE E KALISPELL, MT 59901-5916 O'NEIL, IVAN & MARIAN F 1502 5TH AVE E KALISPELL, MT 59901 MILLER, WILLIAM NEAL 1444 4TH AVE E KALISPELL, MT 59901-5904 HILL, EDYTHE 1428 4TH AVE E KALISPELL, MT 59901-5904 MOSBARGER, NANCY E/ SPEER, NANCY E 201 E PLUMB IN #201 RENO, NV 89502-3417 SKRANAK, WILLIAM J 1502 5TH AVE E KALISPELL, MT 59901-5910 WAYMAN LIVING TRUST P O BOX 4670 WHITEFISH, MT 59937-4670 HANKO, KEVIN & RACHEL 1404 4TH AVE E KALISPELL, MT 59901-5904 CAVANAUGHS HOSPITALITY LIMITED PARTNERSHIP 201 W NORTH RIVER RD SPOKANE, WA 99201 CONKLIN, DAVID G & MARY L 965 RANCH IN KALISPELL, MT 59901-2191 DASEN, RICHARD A 1830 3RD AVE E, SUITE 301 KALISPELL, MT 59901 GENDREAU, GILBERT & ARDATH LEE 1437 4TH AVE E KALISPELL, MT 59901-5903 5F [22A �� ■ A 5-22 \ t9 W -2 5XEA + 5-0 5-2 11NDSE� VICINITY MAP 5-10 Sl A r— "llim 117,191 . e 5S RA. 5-27 ANTHONY L LUPO ZONE CHANGE REQUEST FROM RA-1, LOW DENSITY RESIDENTIAL APARTMENT TO B-2, GENERAL BUSINESS CITY OF KALISPELL ZONING JURISDICTION FILE KZC-02-1 t� DAM 5/22/02 SCALE 1" = 200' HAj08\eite\I¢c021.dwg