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E/3. Ordinance 1409 - Zone Change - Flathead Valley Orthopedic Profit ShareREPORT TO: FROM: SUBJECT: MEETING DATE: Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Flathead Valley Orthopedic Profit Share Zone Change from B-1, Neighborhood Buffer District, to B-2, General Business District December 3, 2001 BACKGROUND: This is a zone change request by Flathead Valley Orthopedic Profit Share Zone Change from B-1, Neighborhood Buffer District, to B-2, General Business District. The property lies between the east side of North Meridian Road and the west side of Hwy 93, north of Three Mile Drive. It contains approximately 4.6 acres and is currently undeveloped. The properties are being proposed for rezoning to B-2, General Business District which has a minimum lot size requirement of 7,000 square feet. This use district allows for the broadest range of commercial and retail uses. There are 20-foot front, five-foot side 10-foot rear and 15-foot side corner setbacks for the district. The applicants would like to sell the property with this zoning in place. This property is currently undeveloped. The general land use character of this area is a mix of residential, office, auto oriented businesses, general commercial and retail. There are some residences in the area that have not transitioned to higher intensity uses. There are also some limited light industrial uses in the area which make this area mixed use in character. This area is within the boundaries of the Kalispell City -County Master plan and more specifically the North Meridian Neighborhood Plan. The neighborhood plan map designates this property as Commercial. The Kalispell City -County Planning Board held a public hearing at their regular meeting of November 13, 2001 regarding the proposed rezoning. A motion passed unanimously adopt the staff report as findings of fact and recommend to the Kalispell City Council that they approve the proposed rezoning from R-4, Two Family Residential, to R-5, Residential / Professional Office. RECOMMENDATION: A motion to adopt the ordinance on first reading to rezone the property from R-4 to R-5 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 Flathead Valley Orthopedic Zone Change B-1 to B-2 November 20, 2001 Page 2 Respectfully submitted, ?wwl ;f. L- Narda A. Wilson Senior Planner Report compiled: November 20, 2001 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Cliris A. Kukulski City Manager Staff report KZC-01-4 and application materials Draft minutes from l l/ 13/01 planning board meeting H: \FRDO\TRANSMrr\KALISPEL\2001 \KZCO 1-4MEMO.DOC KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF THE MEETING OF NOVEMBER 13, 2001 CALL TO ORDER AND ROLL Chairman Greg Stevens called the meeting to order at 7:00 CALL PM. Members present were: Don Garberg, Dale Pierce, Ron Van Natta, Bill Rice, Greg Stevens, Brian Sipe, Don Hines, Rob Heinecke and Don Mann. Narda Wilson represented the Tri- City Planning Office. There were approximately 15 people in the audience. APPROVAL OF MINUTES OF There was a motion by Heinecke and second by Rice to THE OCTOBER 9, 2001 approve the minutes of the meeting of the October 9, 2001 MEETING meeting as amended. Heinecke noted that on page 9 under roll call the vote was not unanimous, and that it didn't state who voted in favor or in opposition. Heinecke also stated that the minutes were very well done, and since he had missed that meeting by reading the minutes it seemed as if he had been there. FLATHEAD VALLEY A zone change request for approximately 4.6 acres by ORTHOPEDIC PROFIT Flathead Valley Orthopedic Profit Share from B-1, SHARE ZONE CHANGE Neighborhood Buffer District, to B-2, General Business, on property that lies between the east side of North Meridian Road and the west side of Hwy 93 north of Three Mile Drive. STAFF REPORT #KZC-01-4 Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KZC-01-4 saying this was a request for a zone change on approximately 4.6 acres located to the south of Automotion and Kalispell Muffler, with the old Pacific Power building across the street. Wilson said the lot was basically undeveloped and was between Highway 93 and Meridian Road. Wilson said the owners had been trying to sell the property for several years and were asking for the zone change to market the property. Wilson said the property was in the North Meridian Neighborhood Plan and is designated as commercial. Wilson also noted that Meridian Road is scheduled to be upgraded and would be adequate to accommodate the additional traffic from the higher intensity development of the property. Wilson said staff is recommending approval of the zone change from B-1 to B-2. APPLICANT/AGENCIES Dr. Ingham spoke in favor, saying the group had purchased the property several years ago when it had been zoned residential. Ingham said the area had been rezoned to B-1 and now that the town is growing this zone change seemed like a logical step. Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 1 of 5 PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS There was no one who wished to speak. OPPONENTS There was no one who wished to speak and the public hearing was closed. MOTION Mann moved that the Kalispell City -County Planning Board and Zoning Commission adopt staff #KZC-01-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the requested zone change from B-1 to B-2 be granted. Sipe seconded the motion. BOARD DISCUSSION There was no Board discussion. ROLL CALL The motion passed unanimously with nine in favor and none in opposition. SHINING MOUNTAIN A request by Shining Mountain Church for a conditional use CHURCH CONDITIONAL USE permit to allow the expansion of an existing church located PERMIT at 475 Eight Avenue E.N in an R-3, Residential. STAFF REPORT #KCU-01-6 Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KCU-01-6 saying this was a request for a conditional use permit to allow the expansion of the existing church on an undeveloped area to the east. Wilson said the property contains approximately one full city block, about one acre in size, and the expansion would contain approximately 1,643 square feet, and the church would almost double in size. Wilson said the setbacks had been calculated by taking the front setback from Oregon Street of 20 feet, a side corner setback from 8+h Avenue EN, which made the east setback as the side yard of 5 feet. Wilson said she was mentioning this because there was some subdivision potential for the property, and because the lot is very long and narrow and had not been subdivided like lots to the east or west, if it was subdivided what is now the side yard setback would turn into the rear yard setback and the building would become non -conforming in regards to the setback because there is a 20 foot requirement. Wilson said she had talked to the owners about the potential of subdividing the property. Wilson said there are two existing accesses to the site from 8th Avenue EN which likely be improved if the expansion is approved, and the two existing parking lots would be expanded to the east. Wilson said the parking spaces were based on seating capacity of one space per five seats, and based on 150 seats they would need 32 parking spaces and the church had 36 spaces. Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 2 of 5 Wilson said there was a 16 foot alley east of property which didn't really exist and there were a number of encroachments into the alley such as fences, sheds, parked vehicles, firewood, etc., and staff is recommending that they abandon the alley which would provide eight additional feet on either side of the center of the alley and would bring the rear of the building from within five feet to within 13 feet. Wilson said staff is recommending approval of the conditional use permit subject to the conditions as listed. Van Natta asked why they were recommending abandoning the supposed alley since the sewer runs down it. Wilson said they could get an easement for the sewer line maintenance since they wouldn't be using it for access as long as there was no permanent structure on it. APPLICANT/AGENCIES Christa Borne, pastor of the church, spoke in favor saying the church had been owner/occupants of the property since 1981 and had always had good relations with the surrounding residences in terms of parking. Borne said at this point there were no plans to subdivide the property, and if in the future there were a need to expand, they would look at a new site and build a new church. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS There was no one who wished to speak OPPONENTS There was no one who wished to speak and the public hearing was closed. MOTION Rice moved that the Kalispell City -County Planning Board adopt staff report #KCU-01-6 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the following conditions as listed. Hines seconded the motion. BOARD DISCUSSION Mann asked Wilson to clarify the setback issue. Wilson said the property was now all one lot, and instead of being 300 feet long and 142 wide, an area like this would typically be divided into six lots of 50 feet each. Wilson said the owners had enough property to create two additional lots. Wilson said the narrow part of the lot is now considered the front and the long side is the back of the lot, and if the property was subdivided then the long side would become the front and the narrow side the rear and more than a five foot rear yard setback is required. Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 3 of 5 Mann asked if the five-foot setback was adequate now. Wilson said it was especially if they abandon the alley because that would give them another eight feet to make a 13 foot setback. Mann asked if there weren't building codes that addressed setbacks. Wilson said there was, but often the zoning is more restrictive. Heinecke said he was in favor of the project and because the building was so far towards the back of the lot the addition wouldn't detract from that view of it and from 8th Avenue EN it would be behind the building. ROLL CALL VOTE The motion passed unanimously with nine in favor and none in opposition. CITY OF KALISPELL The City of Kalispell has initiated the annexation to annex a ANNEXATION small strip of property approximately 20 feet wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway Drive that contains approximately 5,052 square feet (012 of an acre). This annexation is a housekeeping item since this strip was inadvertently omitted when the properties of which they are a part of were made part of the city of Kalispell in 1984 STAFF REPORT #KA-01-7 Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KA-01-7 saying this was a request for annexation of the northerly strip of Lots B and C of Northridge Summit, the northerly strip of Northridge Summit Amended Subdivision Lot D, and the northerly strip of Assessors Tract 2W. Wilson said the area proposed for annexation is approximately 20 feet wide and 200 feet long, and staff is recommending R-3, Residential zoning which reflects the existing zoning of the neighboring properties. Wilson said staff was recommending approval of the annexation and initial zoning of R-3. Van Natta said Lots B and C are not developed, but there was a residence on Lot D. APPLICANT/AGENCIES There was no one who wished to speak. PUBLIC EMARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS There was no one who wished to speak. Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 4 of 5 OPPONENTS There was no one who wished to speak and the public hearing was closed. MOTION Pierce moved that the Kalispell City -County Planning Board and Zoning Commission adopt staff report #KA-01-7 as findings of fact and forward a recommendation to the Kalispell City Council to adopt R-3, Residential, upon annexation. Van Natta seconded the motion. BOARD DISCUSSION There was no Board discussion. ROLL CALL VOTE The motion passed unanimously with nine in favor and none in opposition. The City portion of the meeting was adjourned at 7:30 p.m. Greg Stevens, Chairman Sandie Mueller, Recording Secretary APPROVED as submitted: / corrected Date: Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 5 of 5 NO. 1409 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 LOT 5 OF HALL ADDITION #82 IN SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY B-1, NEIGHBORHOOD BUFFER DISTRICT) TO CITY B-2 (GENERAL BUSINESS DISTRICT), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Flathead Valley Orthopedic Profit Share, the owner of property described as Lot 5 of Hall Addition #82, 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 an auto repair shop and undeveloped, B-2 and RA-1 classification, to the East by Highway 93 and a church, H-1 classification, to the South by residences, RA-1 classification, and to the West by offices and residences, P-1 and R-4 classification, and WHEREAS, the petition of Flathead Valley Orthopedic Profit Share was the subject of a report compiled by the Tri-City Planning Office, #KZC-01-4, dated November 6, 2001, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business District as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned B-2, General Business District, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business District, 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. KZC-01-4. 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 Lot 5 of Hall Addition #82 as B-2, General Business District. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance (30) days from and after the and approval by the Mayor. shall be effective thirty date of its final passage PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF DECEMBER, 2001. Wm. E. Boha Mayor Lwo��O Theresa White City Clerk Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 November 20, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Phone: (406) 758-1850 Fax:(406) 751-1858 tricity@centurytel.net Re: Flathead Valley Orthopedic Profit Share Zone Change from B-1 to B-2 Dear Chris: The Kalispell City -County Planning Board met on November 13, 2001, and held a public hearing to consider a request by the Flathead Valley Orthopedic Profit Share to amend the Kalispell zoning map on approximately 4.6 acres of property between on the east side of Meridian Road, north of Three Mile Drive. The property is currently undeveloped. The applicants are proposing to amend the zoning on the property from B-1, Neighborhood Buffer District, 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-01-4, 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. She noted the North Meridian Neighborhood Plan designates the area as commercial, there are commercial uses in the area and the staff was recommending approval of the request. A public hearing was held before the planning board and a representative of the organization spoke in favor of the rezoning saying it seemed reasonable considering the way the area was developing. A motion was made and passed unanimously to adopt staff report KZC-01-4 as findings of fact and recommend approval to the Kalispell City Council for the proposed zone change from B-1, Neighborhood Buffer District, to B-2, General Business District. Please schedule this matter for the December 3, 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 eve Presi ent Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Flathead Valley Orthopedic Zone Change from 13-1 to B-2 November 20, 2001 Page 2 GS/NW Attachments: Staff report KZC-01-4 and application materials Draft minutes 11/ 13/01 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Flathead Valley Orthopedic Profit Share, 111 Sunnyview Lane, Kalispell, MT 59901 H: \FRDO \TRANSMrr\KALISPEL\2001 \KZC-01-4.DOC FLATHEAHD VALLEY ORTHOPEDIC PROFIT SHARE REQUEST FOR ZONE CHANGE FROM B-1 TO B-2 TRI-CITY PLANNING OFFICE STAFF REPORT #KZC-01-4 NOVEMBER 6, 2001 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from B-1 to B-2. A public hearing has been scheduled before the Kalispell City -County Planning Board for November 13, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. The applicants are proposing to amend the Official Kalispell Zoning Map on several parcels from the existing B-1, a Neighborhood Buffer District, to B-2, a General Business zoning district. A. Petitioner and Owners: Flathead Valley Orthopedic Profit Share 111 Sunnyview Lane Kalispell, MT 59901 (406) 752-7900 Ellie Stimpson, Realtor (406) 844-6107 B. Location and Legal Description of Property: The property lies between the east side of North Meridian Road and the west side of Hwy 93, north of Three Mile Drive. It contains approximately 4.6 acres and is currently undeveloped. The property proposed for rezoning can be described as Lot 5 of the Hall Addition #82 in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Nature of Request and Proposed Zoning: The properties are being proposed for rezoning to B-2, General Business District which has a minimum lot size requirement of 7,000 square feet. This use district allows for the broadest range of commercial and retail uses. There are 20-foot front, five-foot side 10-foot rear and 15-foot side corner setbacks for the district. The applicants would like to sell the property with this zoning in place. D. Size: The area proposed for rezoning contains approximately 4.6 acres of land and is a single parcel. E. Existing Land Use: This property is currently undeveloped. F. Adjacent Land Uses and Zoning: North: Auto repair shop and undeveloped, B-2 and RA-1 zoning East: Hwy 93 and church, H-1 zoning South: Residences, RA-1 zoning West: Office and residences, P-1 and R-4 zoning Page 1 of 4 G. General Land Use Character: The general land use character of this area is a mix of residential, office, auto oriented businesses, general commercial and retail. There are some residences in the area that have not transitioned to higher intensity uses. There are also some limited light industrial uses in the area which make this area mixed use in character. H. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Telephone: CenturyTel Scliools: School District #5 Fire: City of Kalispell Police: City of Kalispell I. Relation to zoning requirements: With regard to lot size, the property would meet the minimum lot size requirement of 7,000 square feet for lots within both the B-1 zoning district and the proposed B-2 zoning district. The property has subdivision potential or development potential for a larger facility. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, no comments in favor or in opposition had been received by the staff. 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. . IMRWYMMMO This area is within the boundaries of the Kalispell City -County Master plan and more specifically the North Meridian Neighborhood Plan. The neighborhood plan map designates this property as Commercial. The rezoning complies with the master plan for the area and is located near an arterial roadway which provides for good exposure and development potential. The uses allowed under the proposed B-2 may generate more traffic than those allowed under the existing B-1 zoning. However, North Meridian Road is a minor arterial and is scheduled to be upgraded. Additional traffic would be generated as a result of the development of this site but the additional traffic generated as a result of this zone change is minimal. Page 2 of 4 Access, fire suppression and circulation in the area are adequate to secure the area from fire, panic and other dangers which might compromise the safety of the public. Rezoning will not affect the risk and safety factors which might be associated with this property. The primary benefit to the health and welfare of the community related to the rezoning of this site is the rezoning of this property to a higher use that is consistent with other uses in the area and anticipated under the neighborhood plan. There would otherwise be an insignificant impact on the general health and welfare of the community with regard to the rezoning of this property. Adequate light and air would be provided both by the density in the district and the setback requirements for structures. The rezoning would provide a greater variety of uses in the area but the overall density of the area would not be significantly changed with the proposed B-2 zoning for this property. All public services and facilities are available to this site such as fire protection, police protection, schools, parks and recreation and a good transportation system. Adequate services can be provided to accommodate the development of these lots. . ••-ram • •_r. Currently this property is undeveloped and would be used for a more intensive commercial nature than currently allowed under the existing B-1 zoning. The character of the area will not be changed by allowing more uses on the property the rezoning is consistent and compatible with other zoning and uses in the area. The requested zone change gives adequate consideration to the suitability of the property for uses allowed in the B-2 district. ESINIMIN The character of the area is residential, commercial, business, and some light industrial which will likely transition to a commercial use at some point in the future and this area continues to be developed. The requested zone is consistent with the uses in the area. Page 3 of 4 The value of buildings in the area would be generally unaffected by this change in zoning. The uses planned for these lots are commercial which would be consistent and compatible with other buildings in the area which are primarily commercial and light industrial in nature. The neighborhood plan for this area designates this property for commercial development. The zoning in the area and the requested zoning are consistent with that land use designation. The zoning is used as a tool to implement the master plan, thereby encouraging the most appropriate use of land throughout the planning jurisdiction. Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt staff report #KZC-01-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the requested zone change from B-1 to B-2 be granted. H: \... \KZC\01 \KZC01-4 Page 4 of 4 111 Suanyview Lane, Suite A Kalispell, Montana 59901 406-752-7900 FAX 406-257-0253 ORTHOPEDIC SURGERY Donald P. Ericksen, M.D. John W. Hilleboe, M.D. Lawrence J. Iwersen, M.D. Bert F. Jones, M.D. Stanley H. Makman, M.D. Albert D. Olszewski, MD. Ned A. Wilson, M.D. Steven C. Trimble, PA-C PHYSICAL MEDICINE & REHABILITATION J. Mark McGlothlin, M.D. September 19, 2001 Kalispell City/County Planning Board Narda Wilson 17 2' Street East, Suite 211 Kalispell, MT 59901 Dear Planning Board: In accordance with the application process I am writing this cover letter in hopes that the planning board will approve this application for a zone change from Bl to B2 on a property which is owned by our profit sharing plan. It is at 1255 Meridian Road, it is Lot #5 of the Hall addition #82, it is in Section 6, Township 28, Range 21. We would propose that the zoning, which is presently Bl, be changed to B2. The reason for this change is that we have been trying to market this property and the surrounding properties are almost all in the B2 range and I have talked with Narda Wilson and she felt that this could probably be accomplished without a great degree of difficulty, since the surrounding properties include Automotion, UPS, the Power Company building and M&C Tire, which I believe are all in the B2 zone category. I will include a copy of the actual legal description and a check for $546.00 which I think should satisfy the fee schedule as it was passed to me on a 4.6 acre piece of property. Your attention is appreciated. Sincerely, i �-� w C John W. Hilleboe, M.D. sd SEP 2 4 2001 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: UACZ Q 5 O R71q'd P dG C i;&Cl; 2. MAIL ADDRESS: /// S uyevrf fliatco /--g- - 3. CITY/STATE/ZIP: 1<0Lr5,og1'f y4o/ PHONE: 4. INTEREST IN PROPERTY: 5. ZONING MAP AMENDMENT: '' ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: ,.....�.._ . - ... IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A A. Address of the property:_i� M E R w o l ftff /� l B. Legal Description: LA1 �� �jgLl_ rypa(TEDIv (Lot and Block of Subdivision; Tract #) ou, s67 iz,2,I (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: P)) D. The proposed zoning of the above property is: BA, E. State the changed or changing conditions that make the proposed amendment necessary: z fa: SF_ isJ�2 "2_ P 2 4 2091 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master 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, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities 2 H. Giving reasonable consideration to the character of the district 1. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings 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 STATE OF MONTANA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY AGREEMENT Q:RW-STD:RWN:28 (Rev. 8/98) North Meridain Road - Kalispell Designation Flathead County Parcel From Station To Station 52 23+45 24+75 PE PROJECT ID R/W PROJECT ID STPU 6701(6) UNIFORM PROJECT 2950-006 Subdivision Section Township Range Lot 5, US Govt Hall's Addn Lot 7 No.82 Sect 6 28N 21W List Names & Addresses of the Grantor, Contract Purchaser & Lessee Kalispell Orthopedic Profit Sharing Plan 200 Conway Drive Kalispell, MT 59901 752-7900 (Dr. John W. Hilleboe) ,��' '� � �,k.. � a .,�ti�ivt �iy l }.k,,t� t `F hl : h.l },h � i l'-. � a a Z • t c . ;v 'p:}: �ti : -,t;;: t i 7 S'MMONS ADD 00 ...... . JUNIOR HIGH + RESUB ^ HOOL a 20 RLSL 7EE+ 7 E+ L 1 AMC)Q SITE HALL'S Z & L �. - --- 2 �`` 7E 2 AMD o 1 7EC &L2AMD 4 RESUB v, 3�1 21' 1 AMC, 5 PLAT 7E+ ..... 29 13 OF 1 ED 7L L ., n 7SUNMNIEW 28 14 7EF 27NORTHWE T TRACTS 15 2 to �- KALISPELL 26 16 HDLS No. 14 SV0 OF AMD 25 17 ADD #B A W S H AA. 3 EO 24 1 g 23 13 1 1 2 PACIFIC POWER - CON D 22 & UGHTIPLI 17 _ _ _- = .__ =:__ JII -= - . 4 i G� 8 5 7J '0 12 11 NS WAY t R-5 I. 71 O t0 21 co Oo 0 20 jERJCH 9pQ 9 a 7 AMD PLAT of LO 21 2019 18 17 A D D 3A 3& 4 HIGH D PARK 8 2ND A D 4A Q >�rt11 s 66F 1 90 3 1 5 1 iB PLA nnn ` 6BK BLOCK 5 2 7 BK 1113 1 6BR HIGHLAND 20 BK 8 2 PARK o a 19 9 12 66SA 66 w 6 g Y 1VIM1 i lrJ." FLATHEAD VALLEY ORTHOPEDICS ZONE CHANGE REQUEST ON PROFIT SHARE SHARE PROPERTY FROM B-1, NEIGHBORHOOD BUFFER DISTRICT TO B-2, GENERAL BUSINESS CITY OF KALISPELL ZONING JURISDICTION ` FILE# KZC-01-4 SCALE \9'� a/za/m 1" = 300' L H:\g\9 is\site\]zc01_4_dwg C MJ V Z-98 CERTIFICATIO`+ APPLICANT; FLATHEAD VALLEY ORTHOPEDIC PROFIT FRDO FILE 4: KZC-01-4 I, the undersigned certify that I did this date mail a copy of the attached notice to the following Iist of landowners within ISO feet of the coperty lines of the property � , that is the subject of the application. 1 Assessor's S-T-R Lour' -act No. No. AND ATTACHED LIST Date: /Q - f+ & - 0 Property Owner & Mail Address JOHN HILLEBOE MD 111 SUNNYVIEW LN SUITE A KALISPELL MT 59901 NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Kalispell Zone Change from B-1 to B-2 — North Meridian Road Shining Mountain Church Expansion Conditional Use Permit Annexation of Strip of Land south side of Summit Ridge Drive The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, November 13, 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 Flathead Valley Orthopedic Profit Share from B-1, Neighborhood Buffer District, a limited commercial district, to B-2, General Business, a district that allows a broad mix of commercial uses. The property lies between the east side of North Meridian Road and the west side of Hwy 93, north of Three Mile Drive. It contains approximately 4.6 acres and is currently undeveloped. The property proposed for rezoning can be described as Lot 5 of the Hall Addition #82 in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Shining Mountain Church for a conditional use permit to allow the expansion of an existing church located at 475 Eight Avenue E.N. The property is in an R-3, Residential, zone which lists churches as a conditionally permitted use. The existing church contains approximately 1,450 square feet and the new addition would be constructed to the east of the existing building and would contain approximately 1,650 square feet. The property can be described as Lot 1, Block 1, Northeast Addition located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. A proposal by the City of Kalispell to annex a small strip of property approximately 33 feet wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway Drive which contains approximate 5,052 square feet (012 of an acre). This annexation is a housekeeping item since this strip was inadvertently omitted when the properties of which they are a part of were made part of the city of Kalispell in 1984. The properties proposed for annexation can be described as the northerly strip of Lots B and C of Northridge Summit and the northerly strip of Northridge Summit Amended Subdivision Lot D and the northerly strip of Assessor's Tract 2W located in Section 1, Township 28 North, Range 22 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 hearings 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. A. Thomas R. Jentz Planning Director M & C PROPERTIES KALISPELL ORTHOPEDIC PROFIT KENNETH L HORINEK 1271 N MERIDIAN RD SHARING PROGRAM 9 X 8 O BOX 73 KALISPELL MT 59901-3005 111 SUNNYVIEW LN#A p P BO E73 8 59904-0398 KALISPELL MT 59901-3164 MONTBILL CORPORATION AD% BT-OH LLC P O BOX 28606 ATTN TAX DEPT ATLANTA GA 30358-0606 MARK IMCINTYREJR DONNA L WHITE 1185 N MERIDIAN RD KALISPELL MT 59901-3003 LORENZ H & MARY I MUHLHAUSER P O BOX 10184 KALISPELL MT 59904-3184 LINDALL D HINTZMAN 1404 U S HWY 93 #10 POLSON MT 59860 GEORGETTE FOSTER 1183 N MERIDIAN RD KALISPELL MT 59901-3003 EAST HAVEN BAPTIST CHURCH 1225 HWY 93 N KALISPELL MT 59901-3113 BRUCE R KUDE 1111 MOUNTAIN MEADOW RD KALISPELL MT 59901 NORTHWESTERN TELEPHONE SYSTEMS C/O RASH & ASSOC P O BOX 1600 ROWLETTE TX 75030-1600 LAMES ALLEN & MELODI GOWER 1175 N MERIDIAN RD KALISPELL MT 59901-3003 NORTHWEST HEALTHCARE CORPORATION AD% BRENDAN HOUSE 325 CLAREMONT ST KALISPELL MT 59901-3576 SANDY THOMAS 312 8TH AVE W KALISPELL MT 59901 MICHAELI P DUELFER ROY T DUELFER AMANDA E DUEFLER 25 THREE MILE DR KALISPELL MT 59901-3033 MONT CONFERENCE ASSOC OF 7TH W MAIN I H L INVESTMENTS GLENN R & JUDITH A YOUNG 1425 M DAY MAIN ST T 575 SUNSET BLVD STE 105 1261 N MERIDIAN RD BOZEMANMT 59715-3257 KALISPELL MT 59901 KALISPELL MT 59901-3005