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E/04. Ordinance 1391 - Zone Change Request - Mohrenweiser - 1st ReadingTri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centu rytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT: Mohrenweiser Zone Change R-3 to RA-3 — Meridian Road / Highway 93 BACKGROUND: The applicants are proposing to amend the Kalispell Zoning Map on property they own from the existing R-3, Residential, to RA-3, Residential Apartment / Office. The properties proposed for rezoning are located east of North Meridian Road, west of Highway 93 and north of Underhill Street. The properties contain approximately 2.91 acres. The purpose of the zone change would be to develop the property with apartments or other use allowed in the district. A number of office type uses are allowed in the RA-3 zoning district as a permitted use in addition to the single family and duplex uses. Multi -family is listed as a conditionally permitted use. The rezoning of these properties to the RA-3 zoning district will allow the property owners greater flexibility in using their properties. Currently the property is undeveloped. The North Meridian Neighborhood Plan designates this area as High Density Residential on the land use map. It is noteworthy that the property owners attempted to rezone this property from R-3 to RA-1 in 1995. At that time the only residential apartment zoning district was the Meridian Point Apartments to the west which were zoned RA-1. The FRDO recommended approval of the zone change request from R-3 to RA-1 based on the recently adopted neighborhood plan designation of High Density Residential and other RA-1 zoning in the area. However, in response to public opposition and based on findings that there were problems with the existing apartments, access and topography, the planning board and city council denied the zone change request. Since that time many of the properties along Meridian Road have been rezoned from R-3 to RA-3 as shown on the vicinity map. The Kalispell City -County Planning Board held a public hearing at their regular meeting of July 10, 2001. Three people from the neighborhood to the south of this property spoke in opposition to the zone change request citing problems with the existing apartments building to the west, traffic and topography. A motion was made and passed unanimously to forward a recommendation to the city council that the zone change from R-3 to RA-3 be granted. RECOMMENDATION: A motion to adopt the first reading of the ordinance to amend the zoning from R-3 to RA-3 would be in order. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Mohrenweiser Zone Change R-3 to RA-3 July 19, 2001 Page 2 FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: July 19, 2001 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter FRDO report KZC-O 1-2 and application materials Draft minutes from 7/ 10/01 planning board meeting H: \FRDO \TRANSMIT\KALISPEL\2001 \KZC01-2MEMO.DOC ORDINANCE NO. 1391 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 ASSESSOR'S TRACTS 6B AND 6BSAAA IN GOVERNMENT LOT 1, SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, RESIDENTIAL) TO CITY RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Richard and Judith Mohrenweiser, the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tracts of land be changed to RA-3, Residential Apartment/Office, and WHEREAS, the property as described exists as property surrounded to the North by single family homes and small business, R-3 classification, to the East by Hwy. 93, church, single family homes, R-3 and H--1 classifications, to the South by single family homes, R-4 classification, and to the West by single family homes and offices, R-3 and R-5 classification, and WHEREAS, the petition of Richard and Judith Mohrenweiser was the subject of a report compiled by the Flathead Regional Development Office, #KZC-01-2, dated July 3, 2001, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned RA-3, Residential Apartment/ Office as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned RA-3, Residential Apartment/Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-3, Residential Apartment/Office, the City Council adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KZC-01-2. 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 Assessor's Tracts 6B and 6BSAAA in Government Lot 1, Section 7 as RA-3, Residential Apartment/Office. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 2ND DAY OF AUGUST, 2001. Wm. E. Boharski 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 July 19, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Mohrenweiser Zone Change R-3 to RA-3 - Meridian Rd. / Hwy 93 Dear Chris: The Kalispell City -County Planning Board met on July 10, 2001, and held a public hearing to consider a request by the Mohrenweisers to rezone properties located east of North Meridian Road, west of Highway 93 and north of Underhill Street from R-3, Residential, to RA-3, Residential Apartment / Office on approximately 2.91 acres which is currently undeveloped. Narda Wilson, of the Flathead Regional Development Office, presented staff report KZC-01-2, evaluating the proposed rezoning. Based on the North Meridian Neighborhood Plan land use designation of High Density Residential and other zoning in the area, staff recommended approval of the zone change request. At the public hearing three people from the neighborhood to the south spoke in opposition to the zone change proposal citing problems with the existing Meridian Point Apartments to the west, increased traffic in the neighborhood and topography. After the public hearing the board discussed the proposal, taking into consideration public comment, and a motion was made and passed unanimously to forward a recommendation that zone change request from R-3 to RA-3 be approved. Please schedule this matter for the August 6, 2001 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 Cl evenf- —s Pre 'dent Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish OPPONENTS No one wished to speak and the public hearing was closed. MOTION Mann moved and Van Natta seconded to adopt staff report KA-01-2 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be RA- 1, Low Density Residential Apartment, upon annexation. BOARD DISUCSSION Heinecke stated the board occasionally reviewed properties that had different zoning designations and asked if there had been any effort to have neighboring properties join in. Wilson stated that typically the City would annex if someone wanted City services. Wilson said in this case, and in others, when someone has a relatively large parcel they would annex only a Portion so they were not paying taxes on the entire parcel. Then, when they were ready to develop the property, they would annex the remaining portion. Wilson said staff would not actively solicit annexation in the area unless there was a reason to do so, such as a failing septic system. Heinecke asked if any of the neighbors wanted to be included in the rezoning. Wilson said no. Mann asked if the removal of the mobile home and septic was voluntary. Wilson said it was voluntary; if the applicant left if just as it was it could stay indefinitely, but if he was planning on redeveloping the property, it would be required that the mobile home be removed and the septic abandoned when the development began. ROLL CALL The motion passed unanimously on a roll call vote. RICHARD & JUDITH A zone change request by Richard and Judith Mohrenweiser from MOHRENWEISER ZONE R-3 to RA-3 on properties located east of North Meridian Road, west CHANGE of Highway 93 and north of Under Hill Drive and which contained approximately 2.91 undeveloped acres. STAFF REPORT Narda Wilson, of the Tr -City Pl on staff report KZC-01-02, a prop sed zoneg Office, gave a changeresentation from R-3, Residential, to RA-3, Residential Apartment/Office, for the purpose of developing the property with apartment or other uses allowed in the district. Wilson reviewed the findings of fact and statutory evaluation criteria, thus recommending approval of the requested zone change. Wilson said the property was in the North Meridian Neighborhood Plan which designated this area as High Density Residential, which is an apartment/office district. Wilson said the district allowed residential and office -type uses. Wilson said most of the recent rezoning along Meridian Road had been done to convert existing residences to office -type uses. Wilson said in this Kalispell City -County Planning Board Minutes of meeting of July 10, 2001 Page 2 of 8 case, the applicant was planning on developing an apartment complex, but would caution the Board against too much speculation on how exactly it would work because that would require a conditional use permit. Wilson said the primary access would be off of Under Hill Court from an existing City right-of-way, with a potential secondary access off of the long strip onto Meridian Road. Wilson said that without a specific development proposal before them that it would be premature to speculate on how that would function. Wilson stated the property lies between Highway 93 and Meridian Road and there was a well established residential area to the south. Wilson said Arizona dead -ends and it unlikely that it would be extended to Meridian Road, but that there was adequate access to the property for future development. Wilson noted for the record that a similar proposal had come before the Kalispell Planning Board and Kalispell City Council in July of 1995 which was a zone change request from R-3 to RA-1, a Low Density Residential Apartment district. At that time the staff had recommend approval of the zone change based on the newly adopted neighborhood plan. It went to the planning board in July in 1995 where the planning board continued it to the August 8th meeting. At that meeting they presented revised findings based on problems associated with existing high density residential development occurring in the area and felt it better suited as a transition area with the single-family zone. They made further findings that there were topographic constraints associated with the property, specifically the slope that was on the east side of the property,. Both the planning board and the city council adopted those findings and the zone request from R-3 to RA-1 was denied. Wilson noted at that time, all if the area was then zoned R-3, with the exception of the Meridian Point Apartments which were zoned RA-1. She also noted that since that time a lot rezoning to RA-3 had occurred. Wilson said staff still supported this zone change and were recommending that the planning board adopt staff report KZC-01-2 adopted as findings of fact and recommend to the Kalispell City Council that the zone change from R-3 to RA-1 be granted. Stevens said he was always a proponent for affordable housing, whether it owner occupied or a rental and asked Wilson if this project would provide affordable housing. She responded by saying it could and there was always a need for apartment type housing. APPLICANTS / Jean Johnson, Stokes Engineering, representing the applicant AGENCIES stated they had reviewed the staff report and agreed with the findings and were in favor of the proposal. Kalispell City -County Planning Board Minutes of meeting of July 10, 2001 Page 3 of 8 PUBLIC HEARING The public hearing was opened to those who wished to spear on the proposal. PROPONENTS No one wished to speak. OPPONENTS Jerry Robbins stated she would be directly affected if this rezoning were allowed and hoped they would review the previous protest on the Meridian Point Apartments. Robbins cited several reasons why she was opposed to the proposal, including it was the highest crime area in town, there were peeping toms, there was no storm drainage, property values have gone down and houses are for sale Lillfor several years and traffic problems coming off of Highway 93. Ri A.P Robbins said in the previous request it had not met fire access requirement. Robbins also said the Meridian Point Apartments were to have some kind of buffer but there wasn't any. Robbins asked the board to walk through the area and examine it. She asked that it remain a single-family area. Keith Robinson, 501 West Arizona, stated he had lived there since 1986 and he agreed with Mrs. Robbins in all her concerns. Robinson said they had addressed these issues in the previous proposal in 1995. Robinson said he empathized with the applicant, but the property should be donated as a park and he was afraid there would be a fatality because there are no sidewalks in the area. Robinson also stated that there would be an impact on Russell School. Annie Robinson, 501 West Arizona, also spoke in opposition, stating the same concerns Mrs. Robbins and Keith Robinson. Robinson stated that the property should be made a park for the kids. Stevens asked Johnson if he wanted to rebut any of the opposition. Johnson stated the one basic premise of planning is not to build an infrastructure and invite developers. Rather you let development occur and create infrastructure to provide for that. Johnson said he sympathizes with the opposition, but his client doesn't have anything to do with Meridian Point Apartments. As for Mrs. Robbin's flooding problem, it is natural because there are no restricted barriers going down to her yard to contain the water. Johnson said his client has entered into an agreement to tie to the storm sewer area that was designed by him for the Meridian Park Apartments that transports water run off from the apartments out to Meridian Road into a storm water containment area. Johnson said if this is developed, the developer has the opportunity to divert all the water now coming off the hill. Johnson said in any application the issue of surface water run off has to be addressed. Johnson said his client is asking for the same opportunity as Meridian Point, and the property is not conducive to single family residential development. Garberg asked if Johnson saw any major obstacles in developing Kalispell City -County Planning Board Minutes of meeting of July 10, 2001 Page 4 of 8 the infrastructure to meet the issues that had been brought up by the opponents. Johnson said there should not be any problems, and the sidewalks issue was a City problem. Pierce asked if the access from Meridian Road would be a standard sized City street. Johnson said it could not be a standard City street because there was only a 30-foot wide access going to Meridian Road. He said primary access would likely be from Under Hill to Arizona. Wilson said, for clarification, that Johnson was talking about a 60- foot City street with curb, sidewalks, gutters, landscape boulevard, etc. She noted a 30-foot access could be adequately developed to provide good access to the site, whether it was primary or secondary access. Wilson said the fire department requires a 20 foot wide paved access, and with that 30 feet adequate fire access could be developed and there could be room to create a drainage swale or something else to contain the runoff. Stevens said these were site view matters, and normally on zone change request they did not review development issues because these issues would be solved in other reviews before development occurred. MOTION Garberg moved and Mann seconded the motion to adopt staff report #KZC-01-2 as findings of fact and forward a recommendation to the Kalispell City Council for approval of the requested zone change from R-3, Residential, to RA-3, Residential Apartment/Office. Garberg said the opponents had brought up the issues of the devaluation of their property and in the findings of fact stated that the RA-3 zoning designation would stabilize subsequent development because it would establish this area as a viable mixed use area, and asked Wilson what that meant. Wilson said it was consistent with other zoning in the area, and the RA-3 zoning designation is intended as a mixed -use area which includes a residential element. Wilson said most of the RA-3 development along Meridian Road was of a commercial nature, so a residential component in the area balanced the commercial uses. The residential use creates a truly mixed use area instead of it all potentially going to commercial uses. Van Natta stated it was hard not to foresee the project and the problems involved with it. Van Natta said the people who live in the area have had immediate experience with the multi -family development, and it seems this rezoning would be a mistake without adequate infrastructure and no sidewalks. Van Natta said some of the concerns would be addressed by other review, but the potential for more traffic was there. Van Natta said he had Kalispell City -County Planning Board Minutes of meeting of July 10, 2001 Page 5 of 8 reservations with the request because he knew the area and would , find it difficult to support it. _VRAIT Stevens said -that people dislike more than dispersed development or sprawl was infill, but this was a classic example of infill because it took advantage of City services on vacant property, and all infill projects the Board reviewed had some opposition to it. Stevens said his concern was trying not to hinder the provision of housing in this jurisdiction and there were rules and regulations that make it difficult to develop property to where the lowest single-family lot in the jurisdiction started at about $30,000. Stevens said this project presents an opportunity for affordable housing and it should not be associated with the Meridian Point Apartments. Stevens said this was a classic area for infill and would support the motion. ROLL CALL Stevens called for the question. On a roll call vote the motion passed on a six in favor and one opposed, with Van Natta voting nay. OLD BUSINESS Wilson stated there had been a work session with the city council on June 25th on the growth policy plan. Wilson said the council had some comments particularly on the airport, and another work session will be held on July 23rd. Stevens said he thought when the growth policy plan was forwarded to the commissioners they would ask that the planning board review it again because the draft that is being prepared was without County input at all. Garberg said he would like to discuss their meeting with the fire marshal. Stevens said at the meeting they had discussed at length the 35 foot, 40 foot and 50 foot building height limits, which basically revolved around safety matters with the fire department and their 35 foot ladders. Stevens said on the following Monday at the city council meeting the fire chief said they had no concerns about the height limit because they didn't fight fires with ladder trucks. As long as the buildings were built to the uniform fire code, he had no concerns from a safety standpoint. Stevens said he and Garberg then contacted the fire marshal to find out what he had actually been said. Garberg said there had been a policy change from the time when the site review committee had met at which time the fire marshal had expressed his concerns, to when it had gone to city council. Garberg said they had now gotten it cleared up. Wilson said another result from that meeting was that the council had asked staff to take a more comprehensive look at those standards, and maybe make it one of the work programs. Wilson said they were compiling additional informal on building heights for Kalispell City -County Planning Board Minutes of meeting of July 10, 2001 Page 6 of 8 RICHARD AND JUDITH MOHRENWEISER REQUEST FOR ZONE CHANGE FROM R-3 TO RA-3 TRI-CITY PLANNING OFFICE STAFF REPORT #KZC-01-2 JULY 3, 2001 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from R-3 to RA-3. A public hearing has been scheduled before the Kalispell City -County Planning Board for July 10, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers. The panning board will forward a recommendation to the Kalispell City Council for final action. The applicants are proposing to amend the Kalispell Zoning Map on property they own from the existing R-3, Residential, to RA-3, a Residential Apartment / Office. A. Petitioner and Owners: Richard and Judith Mohrenweiser P.O. Box 1816 Kalispell, MT 59901 (406) 752-2000 B. Location and Legal Description of Property: The properties proposed for rezoning are located east of North Meridian Road, west of Highway 93 and north of Underhill Street. The properties contain approximately 2.91 acres and are currently undeveloped. They can be described as Assessor's Tracts 6B and 6BSAAA in Government Lot 1, Section 7, Township 28 North, Range 21 West, P.M.M. C. Existing zoning: As indicated on the attached vicinity map, there are several properties on the south side of the area proposed for rezoning which are currently zoned R-3, a Residential zoning district which is primarily single family and requires a minimum lot size of 7,000 square feet. D. Nature of Request and Proposed Zoning: The property owners rezoning several properties to RA-3, a Residential Apartment / Office district for the purpose of. Developing the property with apartment or other use allowed in the district. A number of office type uses are allowed in the RA-3 zoning district as a permitted use in addition to the single family and duplex uses. Multi -family is listed as a conditionally permitted use. The rezoning of these properties to the RA-3 zoning district will allow the property owners greater flexibility in using their properties. D. Size: There are two individual parcels proposed for rezoning to RA-3 which total approximately 2.91 acres. These properties will be developed in the future with one of the uses allowed in the district. E. Existing Land Use: There is a single family and small office currently located on these properties. G. Adjacent Land Uses and Zoning: North: Single family and small business, R-3 zoning East: Hwy 93, church, single family homes, R-3 and H-1 zoning South: Single family homes, R-4 zoning West: Single family homes and offices, R-3 and R-5 zoning H. General Land Use Character: The general land use character of this area is in transition from primarily residential uses to more office -type uses. As this area continues to evolve, it is likely that these single family homes will continue to be converted to a mix of office, commercial and residential uses. I. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Coop Telephone: CenWryTel Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell J. Relation to zoning requirements: With regard to lot size, the properties proposed for rezoning will easily meet the minimum lot size requirement of 6,000 square feet for lots within the RA-3 zoning district. New development in the area would be required to meet the development standards for setbacks, building height, etc. Existing buildings which do not meet the setbacks for the RA-3 zoning, if there are any, would be considered non- conforming. Modifications could be made provided they comply with the existing 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, no contacts have been received either in support or in opposition to the proposed rezoning. 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. ■ .: ..- uW ti UFM7 This area is within the boundaries of the North Meridian Neighborhood Plan. The neighborhood plan designates these properties as high density residential. The proposed rezoning is in substantial compliance with this master plan map designation. It is likely that once Meridian Road is reconstructed this area will experience a stronger trend toward office and mixed residential uses. 51'. . - -1 •••- ... . •' • The proposed rezoning has the potential to generate additional traffic as some of these properties are converted to a use which would typically have higher level of use. However, North Meridian Road is an arterial within the city where large volumes of traffic are anticipated. Additionally, North Meridian Road is scheduled for reconstruction within the next two years which will accommodate traffic volumes which might be generated from these properties in the future. Access, fire suppression and circulation for the property would be specifically addressed in conjunction with a development proposal. Fire and police services will be provided to the site. Services are adequate to secure the area from fire, panic and other dangers which might compromise the safety of the public. Rezoning will not effect the risk and safety factors which might be associated with this property. New construction will be required to comply with the Uniform Fire Code and the applicable building codes. Uses allowed under the proposed district are intended to prfetween commercial and residential and to provide a mixed use area. It appears that the zone change would promote the general health and welfare of the community by allowing a mix of uses within close proximity of each other which are compatible with the character of the area. imn i riummum -. .•1- . ... ra •ER. 1717M IS •. MR. rM Adequate light and air would be provided both by the density in the district, height limitation and the setback requirements for structures. Other development standards such as parking and landscaping will also contribute to future development which does unduly impact the area. Development of properties under the proposed RA-3 zoning would not generally lead to overcrowding since there are development standards for parking, access, landscaping, setbacks, etc. that will ensure that overcrowding does not occur. Additionally, North Meridian Road is a major arterial within an established area containing a mix of uses. All public services and facilities are available to this site such as fire protection, police protection, schools, parks and recreation and a good transportation system. Adequate services can be provided to accommodate the development or redevelopment of these lots. It appears that the proposed RA-3 zoning is suited for this area which can accommodate uses similar in character and nature with other established uses in the area. • �. . .. �. ..,. .. .:,.. MUM • @TjM •. M. The character of the area is currently distinguished by number of single family homes to the south, with multi -family and offices to the west. Hwy 93 is to the immediate east. The uses permitted under the proposed zoning would be consistent and compatible with other uses in the area. The requested zone change gives adequate consideration to the suitability of the property for uses allowed in the RA-3 district. 1 . . ... . .•. •/ -.- • • SIMORIMM The value of buildings in the area would generally be stabilized by this change in zoning and subsequent development since this will further establish this area as a viable mixed use area. Potential uses on these properties would be consistent and compatible with other buildings in the area which are primarily commercial, office, high density residential and single family residential. The neighborhood plan designates this area as high density residential. This land use designation anticipates some support type uses within a high density residential area for shopping and convenience which the RA-3 zoning supports. The zoning is used as a tool to implement the master plan thereby encouraging the most appropriate use of land throughout the planning jurisdiction. The staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt staff report #KZC-01-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council the requested zone change from R-3 to RA-3 be granted. 4 PAuL J. STOKES & AssoCL m, INc. Consulting Engineers June 4, 2001 343 First Avenue west K&Hq e0, MT 59"1 Telephone (406) 755-8707 FAX (406) 755-2613 , rr7LiCATi0X�1 ._t_ Narda Wilson, Senior Planner ` Flathead Regional Department Office JUN 0 4 2001A 723 5th Avenue East Kalispell, Montana RE: Petition for Zoning Amendment Tract 6l3 and 613SAAA, Section 7, T.28N, R.21 W. Flathead County, Montana. Dear Narda; Enclosed you will find our clients checks #3547 in the amount of $530.00. Said check represents the appropriate review fees for a zone change. As per our pre application meeting on May 21, we are requesting a zone change from R-3 to RA-3. If you have any questions please feel free to contact our office. Very Truly Yours, PAUL J. STOKES & ASSOCIATES, INC. BY: Lisa Wurster Project Engineer c: Richard Mohrenweiser file Lisa/nWdocume Wrnohrenm=AeUw to rettle FRDO File No. Date Accepted Receipt No. PETITION FOR ZONING AMENDMENT CITY OF KALISPELL RN/11LV4=i1MRU'�l1LN:\►YCCIrff 411811:1 U'�I Y:711 2. MAIL ADDRESS: P.O.BOX 1816 3. CITYISTATE: KALISPELL, MT PHONE: (406) 752-2000 4. INTEREST IN PROPERTY: OWNERS 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? N/A IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING:: A. Address of the property: UNDER HILL STREET (UNASSIGNED) B. Legal description: LOT 6B AND 6BSAAA IN GOVERNMENT LOT 1 (Lot and Block of Subdivision; Tract #) OF SECTION 7, T.28N., R21 W., FLATHEAD COUNTY, MONTANA (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: R-3 URBAN SINGLE FAMILY D. The proposed zoning of the above property is: RA-3 LOW DENSITY RESIDENTIAL E. State the changed or changing conditions that make the proposed amendment necessary: THE MASTER PLAN AND THE NORTH MERIDIAN NEIGHORHOOD PLAN HAS DESIGNATED THE SUBJECT PROPERTY AS HIGH DENSITY RESIDENTIAL. THE ZONING AMENDMENT WILL AFFORD THE APPLICANT THE ABILITY TO DEVELOP HIS LAND WITH THE BEST POSSIBLE USE. THE ZONE CHANGE WILL BE CONSISTANT WITH THE CURRENT PROGRESSION OF THE NEIGHBORHOOD AND WILL CREATE A TRANSISTION ZONE BETWEEN THE MERIDIAN POINT APARTMENTS AND THE RESIDENTIAL AREA ON BUFFALO HILL. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan: THE SUBJECT PROPERTY IS WITHIN THE JURISDICTION OF THE KALISPELL CITY/COUNTY MASTER PLAN AND THE NORTH MERIDIAN ROAD NEIGHBORHOOD PLAN. CURRENT CLASSIFICATION IS `HIGH DENSITY RESIDENTIAL" NO SIGNIFICANT NEGATIVE IMPACT IS ANTICIPATED. B. Lessening congestion in the streets and providing safe access: THE REQUESTED ZONE CHANGE & SUBSEQUENT BOUNDARY LINE ADJUSTMENT WOULD PREVENT A MIGRATORY CORRIDOR FOR QUICK ACCESS TO MERIDIAN ROAD AND U.S. HWY 93 N. ANY IMPACT DUE TO SUBDIVIDING OF LAND WOULD BE ANALYZED AT THE TIME OF SUBMITTAL- C. Promoting safety from fire, panic, and other dangers: THE PROPOSED PROJECT WOULD BE SERVED BY A ROADWAY DESIGNED TO CITY STANDARDS AND LIMITED TO ONSIIE TRAFFIC. NO THROUGH TRAFFIC IS PLANNED. NO SIGNIFICANT NEGATIVE IMPACT IS ANTICIPATED. D. Promoting the public interest. health, comfort: convenience, safety and general welfare: THE PROPOSED ZONE CHANGE WILL LEND ITSELF TO PROMOTING THE ABOVE MENTIONED COMPONANTS BY MINIMIZING DENSITY AND PROVIDING SAFE ACCESS TO MAIN COLLECTOR STREETS. NO SIGNIFICANT NEGATIVE IMPACT IS ANTICIPATED. E. Providing adequate light and air: KALISPELL CITY STANDARDS AND ZONING ORDINACE MANDATE THAT PROPER SETBACKS AND CONSTRUCTION TECHNIQUES, ETC. ARE IMPLEMENTED. NO SIGNIFICANT NEGATIVE IMPACT IS ANTICIPATED. F. Preventing the overcrowding of land: THE PROPOSED ZONE CHANGE WILL PREVENT OVERCROWDING. NO SIGNIFICANT NEGATIVE IMPACT IS ANTICIPATED- G. Avoiding undue concentration of population: CONCENTRATION OF POPULATION IS A FUNCTION OF ZONING & THE MASTER PLAN. NO SIGNIFICANT NEGATIVE IMPACT WILL BE ANTICIPATED.. H. Facilitating the adequate provision of transportation, water. sewage. schools. parks, and other public facilities: THE APPLICANT HAS ALL UTILITIES STUBBED INTO THE SUBJECT SITE. THE UTILITIES HAVE BEEN ANALYZED. TESTED AND FOUND TO BE ADEQUATE FOR THE PROPOSED DEVELOPMENT. A CURTAIN DRAIN WAS CONSTRUCTED AROUND THE EAST AND SOUTH SIDE OF THE MERIDIAN POINT PROPERTY ADJACENT TO THE APPLICANT. THE APPLICANT HAS AN EASEMENT TO DIVERT THE RUN OFF WATER GENERATED FROM SUBJECT PARCEL INTO THE CURTAINDRAIN. (SEE ATTACHED) NO SIGNIFICANT NEGATIVE IMPACT WILL BE ANTICIPATED. Giving reasonable consideration to the character of the district: THE SUBJECT TRACTS ARE VOID OF ANY STRUCTURES. THE ZONE CHANGE WILL NOT ERODE OR DEGRADE THE USES CURRENTLY FOUND IN THE ADJACENT PROPERTIES. NO SIGNIFICANT NEGATIVE IMPACT WILL BE ANTICIPATED. J. Giving consideration to the peculiar suitability of the property for particular uses: RA-1 ZONING IS CONSISTANT WITH THE MASTER PLAN AND THE ADJACENT RA-1 ZONED DEVELOPMENT PROPERTIES. NO SIGNIFICANT NEGATIVE IMPACT WILL BE ANTICIPATED. K. Protecting and conserving the value of buildings: CONSTRUCTION WILL BE PURSUANT TO CITY OF KALISPELL ZONING AND BUILDING DEPARTMENT REVIEW, NO SIGNIFICANT NEGATIVE IMPACT WILL BE ANTICIPATED. L. Encouraging the most appropriate use of land by assuring orderly growth: THE PROXIMITY TO LIKE DEVELOPMENT AND THE TOPOGRAPHY ASSURES THE MOST APPROPRIATE USE OF THE LAND. NO SIGNIFICANT NEGATIVE IMPACT WILL BE ANTICIPATED. sss«**ss:ssssssss=s:sssssssssssss*:,:ssssssssssss:>:::s:sssssssssssssssss::.»>:�sssss ssssssssss::sssssssssssssssssssssss The signing of this application signifies approval for FRD.O. staff to be present on the property for routine monitoring and inspection during the approval process. 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AND JUDITH DEGMOE Paul J. Stokes & Associates, Inc. 343 First Avenue West Kalispell, MT, 59901 755-8707 ADJACENT OWNERSHIP FOR: COUNTY PLAT ROOM MOHRENWEISER ' Poo S. M81f1 PROPERTY: Kalispell, MT 59901 TRACT 6B & 6BSAAA SECTION 7, T.28N., R.21 W., FLATHEAD APPROVED 2 COUNTY, MONTANA ASSESSOR'S LOT OR TRACT PROPERTY PROPERTY OWNER AND MAILING NUMBER NUMBER ADDRESS ADDRESS E030701 NORTH PART OF BLOCK 5 HIGHLAND PARK 0519150 LOT 14, E 18.44' BLOCK 2 HIGHLAND PARK 0526700 LOT 13, EX TR A BLOCK 3 HIGHLAND PARK NO ASSES. # LOT 13, TRACT A BLOCK 3 HIGHLAND PARK 0519150 LOT 13 EX SE CORNER, BLOCK 2 HIGHLAND PARK 0234380 LOT 12 BLOCK 3 HIGHLAND PARK IMMANUELLUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL, MT 59901 IMMANUELLUTHERAN' CORPORATION 185 CRESTLINE AvE KALISPELL, MT 59901 105 CHARLOTTE DONALD V. MCCLARTY, TRUSTEE AVE. P.O. BOX 413 KALISPELL, MT 59903o4i3 CITY OF KALISPELL IMMANUELLUTHERAN CORPORATION 185 CRESTLINE AvE KALISPELL, MT 59901 KIM A. CLAUSEN 114 CRESTLINE KALISPELL, MT 59901 0634481 LOT 11 BLOCK 4 108 CHARLOTTE DOROTHY B. GRAHAM HIGHLAND AVE. 108 CHARLOTTE AVE. KALISPELL, MT PARK 59901 0754950 TRACT 61 & 200 MISSION ST. ALICE J. RYDER TRACT A OF IMt-n&. AQE BLOCK 5 tB5 GZ6STt tHF AJ6 HIGHLAND KP {SPE T �q5o I PARK 0155700 TRACT 6K & 103 CRESTLINE HAROLD R. & ANITA M. MORAN LOT 14, EX E DRIVE 103 CRESTLINE AVE. KALISPELL, MT 18.44' BLOCK 2 59901 HIGHLAND PARK 0519150 TRACT 6J IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE KALISPELL, MT 59901 0608768 LOT 5 BLOCK 1 501 W. ARIZONA KEITH A. ROBINSON CAMERON'S ST. 501 WEST ARIZONA ST. KALISPELL, ADD. MT 59901 0959950 LOT 6, EX N 4 VERNON L. & JANET M. WYMAN BLOCK 1 507 WEST ARIZONA ST. KALISPELL, CAMERON'S MT 59901 ADD. NO ASSES. # LOT 6, N 4' STATE OF MONTANA BLOCK 1 2701 PROSPECT AVE. HELENA, MT CAMERON'S 59601 ADD. 0561944 TRACT 6BTAB & MALONE LIVING TRUST, BETTY JO LOT 7, EX S 627 UNDERHILL CT. KALISPELL, MT 104.65' BLOCK 1 59901 CAMERON'S ADD. 0551944 TRACT A Mp o JE L v i - G Tz�sT B�TY 10 UNDERHILL#2 ate U DERNI�� T KP�tsP6 �� 55`�I 0656620 LOT 1 FREDERICK H. & KATHY A. FRANK UNDERHILL #2 632 UNDERHILL CT. KALISPELL, MT 59901 0885195 LOT 2 DANA C. & SHEILA D. HENDERSON UNDERHILL#2 630 UNDERHILL CT. KALISPELL, MT 59901 0329125 LOT 6 JOAN M. LATIMER UNDERHILL #2 635 UNDERHILL CT. KALISPELL, MT 59901 0411198 LOT 9 MICHAEL G. & LANA L. GARDNER UNDERHILL #2 629 UNDERHILL CT. KALISPELL. MT 59901 ,0203271 0203270 0914901 0973985 LOT 8 6K. P.4R • D UNDERHILL #2 LOT 7 6�4. P41z. c- UNDERHILL #2 HOWARD V. DORAN 631 UNDERHILL CT. KALISPELL, MT 59901 NANCY L. FENNER TRUST 633 UNDERHILL CT. KALISPELL, MT 59901 TRACT 6BG, 1055 N. KALISPELL ASSOC. LIMITED 615H, 613I MERIDIAN RD. PARTNERSHIP 3201 S, TAMARAC DR. SUITE 200 KALISPELL, MT 59901 TRACT 6BQB 1069 N. MICHAEL K. & DIANA D. BLEND MERIDIAN RD. 1035 5TH ST. W. KALISPELL, MT 59901 0862800 TRACT 6BQA, GLEN A. & MILDRED F. THOMPSON 6BN l30 SuNgueST Gr KALISPELL, MT 59901 0710150 LOT 2 BLOCK 1 PUTMAN REVOCABLE TRUST, ADAMS ADD. ROBERT M. & THEO MAE PUTMAN 1080 N. MERIDIAN RD. KALISPELL, MT 59901 0710100 LOT 3 BLOCK 1 PUTMAN REVOCABLE TRUST, ADAMS ADD. ROBERT M. & THEO MAE PUTMAN 1080 N. MERIDIAN RD. KALISPELL, MT 59901 0596490 LOT 4 BLOCK 1 DANA J. & KRISTA DIEBERT ADAMS ADD. 1070 N. MERIDIAN RD. KALISPELL, MT 59901 0540000 TRACT 6BS MCKINLEY IRREVOCABLE LIVING TRUST, CATHERINE MCKINLEY P.O. BOX 9534 KALISPELL. MT 59901 0907450 TRACT 6BSA, 1089 N. FREDERICK WALLNER, RICHARD 6BR, 6BK MERIDIAN RD. WALLNER, KRISTIN LITTLE 40 SCOVEL LANE KALISPELL, MT 59901 0890919 TRACT 6BSAAA RICHARD H. & JUDITH DELMOE MOHRENWEISER P.O. BOX 1816 KALISPELL, MT 59903 1 S lco 0635050 TRACT 6BSAA NORTHWEST VIDEO, INC. 14K rJEPT. Po god-�1383g reNVE2 c > S07-ri 3656 0967914 TRACT613V TELEPROMPTER CORPORATION DBA KALISPELL CABLE TV - Fee c w t-%m CABLEVISION OF GREAT FALL INC.-corATex-r a0YEe. TPx ✓Doer rb Sc>- � l Be 38 iJENJE� co 0CZ1'! seas E000t84 ��_e C- - o U"per-Ht, SUB tit GtT't OF K-ot-tSPE�L f� Botc t9`i'l Y��.-tSPEt_t- 59903 t99"1 NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Kalispell Zone Change Request R-3 to RA-3 - Underhill Street Annexation and Initial Zoning of RA-1 - Fifth Ave East The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, July 10, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings 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 zone change request by Richard and Judith Mohrenweiser from R-3, Residential, a single family residential district, to RA-3, Residential Apartment / Office, a high density residential and office district intended as a mixed used district. The properties are in the city of Kalispell and are located east of North Meridian Road, west of Highway 93 and north of Underhill Street. The properties contain approximately 2.91 acres and are currently undeveloped. They can be described as Assessor's Tracts 6B and 613SAAA in Government Lot 1, Section 7, Township 28 North, Range 21 West, P.M.M. 2. A request by Neil Bangs for annexation into the city of Kalispell and an initial zoning designation of RA-1, a Low Density Residential Apartment district, on approximately 0.30 of an acre. The property proposed for annexation is a portion of a tract that lies on the east side of Fifth Avenue East and north of 18th Street. There is a single family home in the City at 1613 Fifth Ave East on the west portion of the parcel which is zoned City RA-1, Low Density Residential Apartment, while the east portion of the property is currently in the County zoning jurisdiction and is zoned County R-4, a Two Family Residential. The purpose of the annexation and initial zoning request is so that the applicant can obtain City water and sewer to develop the east half of the property currently in the County. The property proposed for annexation can be described as a portion of Assessor's Tract 5-3 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. Q. �J Thomas R. Jentz Planning Director 17 PL,% 4 2 .C' PLl _. 4! 51. 6 5 7 •. a 10 "3, 6EA 6EB �"zg --_r5B - 5PB' D a'' VICIIVITY MAP RICHARD & JUDY MOHRENWEISER ZONE CHANGE REQUEST FROM R-3, SINGLE FAMILY RESIDENTIAL TO RA-3, HIGH DENSITY RESIDENTIAL/OFFICE/MIXED USE CITY OF KALISPELL ZONING JURISDICTION PLOT DATE: 6/20/01 FILE # KZ C — 01— 2 SCALE 1" = 250' H:\gis\mte-\kzc0l_2.dwg 7 c:° Sudb' t ; rope NDErF!L;- 6 Li DERHI sue' G 5 �.4 7 1 5i 4� 3 7I 81 91 1 3 21 1 4' 3 I q- 141 1 , 121 11