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04. Ordinance 1387 - Zone Change - Buffalo Hill Drive - 1st ReadingFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Dale W. Haarr, et al, Zone Change -H-1 to R-3 Buffalo Hill Drive MEETING DATE: July 2, 2001 BACKGROUND: Several properties are proposed for rezoning located on the east and west sides of Buffalo Hill Drive in the northern part of Kalispell between the hospital and Buffalo Hill Golf Course. The combined total of the properties contain approximately 3.10 acres. The existing zoning is H-1, a Health Care zone which is intended to provide hospital facilities and supportive services for the community and to provide an area for higher density uses such as nursing homes and apartment development. This zoning district allows offices, medical and dental clinics, pharmacies and other medical and therapy related uses. It also allows single family and duplexes as permitted uses and multi -family along with other group living facilities such as nursing homes and retirement homes as conditionally permitted uses. The H-1 zone requires a minimum lot size of 7,000 square feet for all newly created lots plus an additional 1,500 square feet for each additional dwelling beyond a duplex. The setbacks for this zone are 20 feet in the front rear and side corner and 10 feet on the sides. The applicants are requesting a zone change to R-3, a Residential zone that is exclusively a single family zone with the exception of limited number of non- residential uses that would be considered under the conditional use permit process such as schools, churches and day care centers. The minimum lot size requirement for the zone is 7,000 square feet for all newly created lots. The setbacks for the zone are 20 feet in the front, rear and side corner and five feet on the sides. The property owners are concerned about the intrusion of non-residential uses in an area that is currently comprised exclusively of single family homes. Rather than placing restrictions on the property through the use of covenants, the applicants have chosen to rezone the property thereby providing even greater assurance that non-residential would be excluded and the residential uses would be maintained in the area. The Kalispell City -County Planning Board held a public hearing at their regular meeting of June 12, 2001 and unanimously recommended that the city council approve the zone change from H-1, Health Care, to R-3, Residential. There was one abstention on the vote because the board members' mother was a petitioner in the zone change request. Providing Community Planning Assistance To: • Flathead County 0 City of Columbia Falls • City of Kalispell • City of Whitefish Haarr, et al Zone Change June 19, 2001 Page 2 RECOMMENDATION: appropriate. FISCAL EFFECTS: ALTERNATIVES: A motion to adopt the ordinance on first reading would be None. As suggested by the city council. Narda A. Wilson U Senior Planner Report compiled: June 19, 2001 c: Theresa White, Kalispell City Clerk C ia Chris A. Kukulski City Manager Attachments: Transmittal letter FRDO report KZC-01-1 and application materials Draft minutes from 6/ 12/01 planning board meeting H:\FRDO\TRANSMIT\KALISPEL\2001\KZCO1-1MEM.0 ORDINANCE NO. 1387 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 6EC, 6EA, 6EE, 6CB, 6CD, LOT 1 HARMON ADDITION AND LOTS 1-5 HIGHLAND PARK, GOLF COURSE 2ND ADDITION LOCATED IN SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY H-1, HEALTH CARE) TO CITY R-3 (RESIDENTIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Dale W. Haarr, et al, 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 R-3, Residential, and WHEREAS, the property as described above exists as property surrounded to the North by the Golf Course and Hospital, P-1 and H-1 zoning, to the East by the Golf Course, P-1 zoning, to the South by the Golf Course, Immanuel Lutheran Home and single family homes, P-1 and H-1 zoning, and to the West by medical office, church and day care, H-1 zoning, and WHEREAS, the petition of Dale W. Haarr, et al, was the subject of a report compiled by the Flathead Regional Development Office, #KZC-01-1, dated June 5, 2001, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned R-3, Residential, 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 R-3, Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Residential, 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-01-1. buffalo hill.wpd 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 #1175) is hereby amended by designating the property described as Assessor's Tracts 6EC, 6EA, 6EE, 6CB, 6CD, Lot 1 Harmon Addition and Lots 1-5 Highland Park, Golf Course 2nd Addition, as R-3, Residential. 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 JULY, 2001. Wm. E. Boharski Mayor Theresa White City Clerk a buffalo hill.wpd 2 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 June 19, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Phone: (406) 758-5980 Fax. (406) 758-5781 Re: Dale W. Haan, et al, Zone Change from H-1 to R-3 — Buffalo Hill Drive Dear Chris: The Kalispell City -County Planning Board met on June 12, 2001 and held a public hearing to consider a request by Dale W. Haan•, et al, for a zone change from H-1, Health Care, to R-3, Residential, on approximately 3.10 acres. The properties proposed for rezoning are located on the east and west sides of Buffalo Hill Drive in the northern part of Kalispell between the hospital and Buffalo Hill Golf Course. Narda Wilson, representing the Flathead Regional Development Office, presented a staff report and reviewed the request according to the required criteria Staff recommended approval of the zone change request from H-1 to R-3. At the public hearing two people spoke in favor of the proposed zone change stating the it was originally residential and they would like it returned to residential. No one spoke against the proposal. A motion was made to adopt staff report KZC-01-1 as findings of fact and recommend approval to the Kalispell City Council for the proposed zone change from H-1, Health Care, to R-3, Residential. The motion passed unanimously. Please place this matter on the July 2, 2001 regular city council meeting agenda You may contact this Board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely, Kalispell City -County Planning Board Providing Community Planning Assistance To: Dale W. Haarr, et al, Zone Change June 19, 2001 Page 2 Attachments: Staff report KZC-01-1 and application materials Draft minutes of 6/ 12/01 planning board meeting c: w/ Att: Theresa White, Kalispell City Clerk c:w/o Att: Dale W. Haarr, et al, 80 Buffalo Hill Dr., Kalispell, MT 59901 H. E. and Helen Simpson, 55 Buffalo Hill Dr., Kalispell, MT 59901 Rosalie Heinecke, 61 Buffalo Hill Dr., Kalispell, MT 59901 Robert R. Smith, 75 Buffalo Hill Dr., Kalispell, MT 59901 David and Carol Roth, 85 Buffalo Hill Dr., Kalispell, MT 59901 Michael J. and Alanna T. Ober, 54 Buffalo Hill Dr., Kalispell, MT 59901 Jeffrey and Paula Little, 64 Buffalo Hill Dr., Kalispell, MT 59901 Ronnie and Margaret Swindall, 74 Buffalo Hill Dr., Kalispell, MT 59901 H: \... \TRAN8Wr\KAUSPEL\2001 \KZcoi-1 BOARD DISCUSSION roes asked and Wilson answered that the applicant had filed amended plat and would not be bringing in all of Lots 4 and DIRAY , just the area where he was building his house, which was sited on the map. ROLL CALL The motion passed unanimously on a roll call vote. DALE W. HAARR, ET AL A zone change request by Dale W. Haarr, et al from H-1 to R-3 ZONE CHANGE on properties located on the east and west sides of Buffalo Hill Drive and containing approximately 3.10 acres. MEMBER REMOVED Rob Heinecke stepped down from the board due to a conflict of interest. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation on staff report KZC-01-, a proposed zone change from H-1, a Health Care zone. H-1 is intended to provide hospital facilities and supportive services for the community and to provide an area for higher density residential uses such as nursing homes and apartment development to R- 3, a Residential zone that is exclusively a single family zone with the exception of a limited number of non-residential uses that would be considered under the conditional use permit process such as schools, churches and day care center. The minimum lot size requirement for the zone is 7,000 square feet for all newly created lots. The setbacks for the zone are 20 feet in the front, rear and side corner and 5 feet on the sides. Wilson reviewed the findings of fact and statutory criteria, thus recommending approval of the request zone change. Hines asked and Wilson clarified the total charge was $400 and each applicant paid their share of that APPLICANTS / Margie Simpson, 55 Buffalo Hill, stated that all of the homes AGENCIES were there when the hospital was built and it was originally residential. She noted that the rezoning of the hospital put it into the H-1. Simpson stated they were originally residential and would like to return to being residential. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS Rob Heinecke, 206 Ponderosa, spoke in support of the zone change. He noted concern over the traffic of the H-1 district. Heinecke stated the character of the neighborhood was residential and he hoped to protect the integrity of the neighborhood by returning it to residential. He urged the support of the board for the sake of his mother, who lives there. No one wished to speak and the public hearing was closed. Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 2 of 9 MOTION Sipe moved and Rice seconded to adopt staff report KZC-01-1 as findings of fact and recommend approval of the requested zone change from H-1, Health Care, to R-3, Residential. BOARD DISCUSSION Stevens asked what designated the transition area and Wilson answered that it was designated by the white buffer areas between the colors on the map. ROLL CALL On a roll call vote the motion passed unanimously. Heinecke was reseated to the board. TRINITY LUTHERAN A conditional use permit by Trinity Lutheran School to allow SCHOOL CONDITIONAL the expansion of their existing school by approximately 10,780 USE PERMIT square feet on property zoned R-3 located at 495 Fifth Avenue WN. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation on staff report KCU-01-2, a request for a conditional use permit to allow the expansion of the Trinity Lutheran School. The expansion would include five new classrooms and a library to replace the makeshift classrooms that currently exist in the school gymnasium. The addition would be located between the existing classroom and the gymnasium on property that is currently a lawn area. The addition would be approximately 98 feet by 110 feet for a total of approximately 10,780 square feet. The property is zoned R- 3, a Residential zoning which lists schools as a conditionally permitted use. Wilson reviewed the findings of fact and recommended the request for a conditional use permit be granted subject to conditions listed in the report. APPLICANTS / Ken Miller, with Architects Northwest, said they provided the AGENCIES preliminary design for the project. Miller referred to a floor plan scheme and explained the proposed 5 classrooms. He said they were not new classrooms, they were just taking them out of the gymnasium. They were proposing a new library and computer area, which was currently in the loft, additional toilet facilities, and would be remodeling a few areas into office spaces. Essentially, he said, they were providing for inadequate classes that were taking place in the gym. The scheme also showed a possible future expansion. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS David Hobus, Principal of Trinity Lutheran School, stated they had been in existence for 43 years and during that time the school had experienced growth. An enrollment of 240 is what they currently serve. Over the years they were forced to expand into their current facilities and the expansion was an attempt to eliminate inadequate classrooms. In addition, he said it would Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 3 of 9 DALE W. HAARR, ET AL FLATHEAD REGIONAL DEVELOPMENT OFFICE ZONE CHANGE REPORT KZC-01-1 JUNE 5, 2001 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from H-1 to R-3. A public hearing has been scheduled before the planning board for June 12, 2001 beginning at 7:00 PM in the Kalispell City Hall Council Chambers. The planning board will forward a recommendation to the city council for final action. RA .K _ O ND INFORMATION: The applicants are requesting that a number of properties be rezoned from H-1, Health Care, to R-3, Residential, in an area located along Buffalo Hill Drive in Kalispell. A. Petitioner/Owner: Dale W. Haarr, et al 80 Buffalo Hill Drive Kalispell, MT 59901 Rosalie Heinecke 61 Buffalo Hill Drive Kalispell, MT 59901 David and Carol Roth 85 Buffalo Hill Drive Kalispell, MT 59901 Jeffrey and Paula Little 64 Buffalo Hill Drive Kalispell, MT 59901 H.E. and Helen Simpson 55 Buffalo Hill Drive Kalispell, MT 59901 Robert R. Smith 75 Buffalo Hill Drive Kalispell, MT 59901 Michael J, and Alanna T. Ober 54 Buffalo Hill Drive Kalispell, MT 59901 Ronnie C. and Margaret A. Swindall 74 Buffalo Hill Drive Kalispell, MT 59901 B. Location and Size: The properties proposed for rezoning are located on the east and west sides of Buffalo Hill Drive in the northern part of Kalispell between the hospital and Buffalo Hill Golf Course. The combined total of the properties contain approximately 3.10 acres. The properties can be described as Assessor's Tracts 6EC, 6EA, 6EE, 6CB, 6CD, Lot 1 Harmon Addition and Lots 1 through 5 Highland Park, Golf Course 2nd Addition located in Section 6, Township 28 North, Range 21 West, P.M.M. C. Existing zoning: The existing zoning is H-1, a Health Care zone which is intended to provide hospital facilities and supportive services for the community and to provide an area for higher density uses such as nursing homes and apartment development. This zoning district allows offices, medical and dental clinics, pharmacies and other medical and therapy related uses. It also allows single family and duplexes as permitted uses and multi -family along with other group living facilities such as nursing homes and retirement homes as conditionally permitted uses. The H-1 zone requires a minimum lot size of 7,000 square feet for all newly created lots plus an additional 1,500 square feet for each additional dwelling beyond a duplex. The setbacks for this zone are 20 feet in the front rear and side corner and 10 feet on the sides. D. Proposed Zoning: The applicants are requesting a zone change to R-3, a Residential zone that is exclusively a single family zone with the exception of limited number of non-residential uses that would be considered under the conditional use permit process such as schools, churches and day care centers. The minimum lot size requirement for the zone is 7,000 square feet for all newly created lots. The setbacks for the zone are 20 feet in the front, rear and side corner and five feet on the sides. The property owners are concerned about the intrusion of non-residential uses in an area that is currently comprised exclusively of single family homes. Rather than placing restrictions on the property through the use of covenants, the applicants have chosen to rezone the property thereby providing even greater assurance that non-residential would be excluded and the residential uses would be maintained in the area. E. Existing Land Use: All of the properties proposed for rezoning have single family dwellings currently located on the property. These land uses will not change as a result of the change in zoning. F. Adjacent Land Uses and Zoning: The properties located to the west of the area proposed for rezoning are all generally related to hospital and office use with the exception of the Salvation Army. The golf course lies to the east and the nursing homes lies to the south. The hospital and townhomes he to the north. North: Golf course, townhomes and hospital, P-1 and H-1 zoning East: Golf course, P-1 zoning South: Golf course, Immanuel Lutheran Home and single family homes, P-1 and H-1 zoning West: Medical office, church and day care, H-1 zoning G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Telephone: Centurytel Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell 2 H. Relation to zoning requirements: All of the properties proposed for rezoning would comply with the minimum lot size and lot width requirements of the proposed R-3 zoning. The properties are developed, so there is little or no potential for additional subdivision and development of the property in a manner that would comply with the development standards of the R-3 zoning district. Under the current H-1 zoning more intensive development of the properties could occur. The statutory basis for reviewing a change in zoning is set forth by 76-2-303 and 76-2- 305, M.C.A. The application is evaluated in accordance with the zoning criteria described by 76-3-304, M.C.A. WT9TMGWOT6_9T*1 PAMAIUMMOA Fmrjm W,. This property is within the boundaries of the Kalispell City -County Master Plan which designates this area primarily as Urban Residential or as a transition area between the Medical / Professional area to the west. The proposed rezoning is in compliance with the land use designation for this area. Access to the property is suitable for R-3 zoning as this property is located on a street that dead -ends to the north. The water tower lies at the end of the roadway, Buffalo Hill Drive, and there is limited potential for the extension of the road. The rezoning would not result in an increase in traffic or congestion as the properties would all remain residential rather than other uses permitted under the current H- 1. sTarimmmrx, WZr@rJ-TrX4FrWRr4-%;Z..leT. GOMM.. . ...• 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. No unusual impacts of the rezoning on public safety or emergency services are anticipated. No new construction is anticipated since all of the properties are currently developed with single family homes. . . . . . . . IM .... . al KaiI I RIM U= . - . . .. • - . - - The rezoning would provide assurances to the property owners along Buffalo Hill Drive that the residential integrity of this area would be maintained and would not be eroded by the expansion of non-residential uses currently allowed in the current H-1 zoning. No impacts on public health or general welfare are anticipated. No significant impact is anticipated on light and air since the properties are generally fully developed, providing light and air between buildings. The rezoning will prevent the gradual expansion of the office -type uses within the immediate area. The change from H-1 to R-3 will preclude any development of these properties other than residential uses and closes the area to any type of commercial or office uses currently allowed thereby reducing the intensity of uses in the area. IEMM.. .- ..-. . O .. . . .... .. All public services and facilities are available to this area and are in place such as fire protection, police protection, schools, parks and recreation and suitable street access. The change from H-1 to R-3 would be a decrease in the potential intensity of the land uses in the area. The available infrastructure and public services are adequate to accommodate existing development. This area is suitable to an exclusive residentially zoned area as proposed under the R-3 zoning. This area is prime residential property because of its location near the Buffalo Hill Golf Course and the views it offers, because it is on a quiet street and because of its general proximity to services in the area. The character of this area is uniquely residential in an area that has grown around it with generally non-residential uses. The golf course has afforded a high degree of protection from the intrusion of the non-residential uses, which borders the properties on the east side of Buffalo Hill Drive on three sides. The character of this area is distinctly residential with a great deal of appeal in its present state. The rezoning gives reasonable consideration to the unique residential character of this neighborhood and the rezoning is appropriate to maintain the residential integrity of the area. �yNIiInSTT.TWT.T.=.I.. .. -.- . -. .• The property owners are concerned with maintaining the residential integrity of their neighborhood and the value of their homes for residential purposes. The rezoning of the property from H-1 to R-3 will provide them with the assurances that non-residential uses will not be allowed and that the value of their properties for residential purposes will be maintained. MEN ON A. . . .. The rezoning would be in compliance with the land use map designation of "Urban Residential' on the existing plan map and will provide the property owners with assurances that the intrusion of non-residential uses will be prevented in their neighborhood. The neighborhood provides a unique residential niche to the property owners along Buffalo Hill Drive and has amenities that are most desirable for residential purposes such as the golf course location, the view and quiet neighborhood street. This zone change encourages the most appropriate use of the land for this area and throughout the planning and zoning jurisdiction. Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt FRDO staff report KZC-01-1 as findings of fact and recommend approval of the requested zone change from H-1, Health Care, to R-3, Residential. H: \... \KZC\01 \KZCOI-1.DOC NW Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 APPI"TION hA.x rr .... , PETITION FOR ZONING AMENDMENT CITY OF KALISPELLY 09 2001 1. NAME OF APPLICANT: Dale W. Haarr, et al f 2. MAIL ADDRESS: See attached signature pages F a D,0 3. CITY/STATE/ZIP: PHONE: 4. INTEREST IN PROPERTY: All applicants are Fee owners S. ZONING MAP AMENDMENT: = 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: B. Legal Description: Lots 1-5, 2nd addition, golf course. Highland Park Addition (Lot and Block of Subdivision; Tract #) Tracts 6ec, 6ea, 6ee, 6cb & 6cd in 6-28-21 (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: H-1 D. The proposed zoning of the above property is: R-3 E. State the changed or changing conditions that make the proposed amendment necessary: Above property was originally zoned R-3. When hospital area was rezoned, planning staff intentionally included in the H-1 zone. H-1 zone is more restrictive than R-3 and all applicants do not want to see hospital/medical uses on Buffalo Hill Dr. This change only corrects planning staff mistake. 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master PlanChange would put properties back to, original zone which conforms to Master Plan Urban Residential. B. Lei Wiing congestion in the streets and providing safe access No Change. C. Promoting safety from fire, panic and other dangers No Change. D. Promoting the public interest, health, comfort, convenience, safety and general welfare No Change. E. Preventing the overcrowding of land No Change. F. Avoiding undue concentration of population No Change. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities No Change. H. Giving reasonable consideration to the character of the district This only corrects mistake made when H-1 zone was put on the hill. I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings Will put it back to what it was before the mistake, that is single family regidp t;,i K. Encouraging the most appropriate use of land by assuring orderly growth No Change. The sign' g of this application signifies approval for F.R.D.O. staff to be present on the propertyor routine monitoring and inspection during approval process. dl (Date) 191 APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS: 01 C. FBI Pre -Application Meeting: A discussion with the Planning Director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. Completed application form. Application fee per schedule, made payable to the Flathead Regional Development Office. Fee Schedule Zone Change: Base fee $500.00 For first 80 acres of area of the request add $10/acre For next 81 + $5/acre Amendment to Zoning Text PUD Zoning Review: Residential Commercial Mixed Use $400.00 $400.00 + $10/acre $600.00 + $10/acre $650.00 + $10/acre The application must be accepted as complete by the FRDO staff thirty (301 days prior to the date of the planning board meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: 1. Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 2. A map showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title report of the subject property. As approved by the CAB on 4/5/00 Effective 6/ 1/00 Applicants H.E. Simpson Helen C. Simpson 55 Buffalo Hill Drive Kalispell, MT 59901 0 L��-4 Rosalie Heinecke 61 Buffalo Hill Drive Kalispell, MT 59901 7 4:44 x . Robert R. Smith 75 Buffalo Hill Drive Kalis 1, MT 59901 J OV(D -i� (21VU)( �b 85 Buffalo Hill Drive Kalispell, MT 59901 n 1 /. ', Michael J. Alanna T. 54 Buffalo Kalispell, listbuff Ober Ober Hill Drive MT 59901 Date Date Date tiLN D to S-o8_Q� Date 64 Buffalo Hill Drive Kalispell,, MST., 59 0 1 ; A��' " R�ie '. Swindall'. Swindall Margaret A. Swindall 74 Buffalo Hill Drive Kalispell, MT 59901 af4uy — Haarr 80 Buffalo Hill Drive Kalispell, MT 59901 listbuff Date 5-y-O) Date j - ?-f0! Date 1 O Date E ISU f 3 r u uc: -1 EIE & 7E 2 AMC CRI DV 3 7EC L 2 AMD o 5 1 4 2 HIS LJ 5 2 7L 7EU 7EF KAL-SPEU No 14 FLA-1 HID"U"' 6E 15 r 6EF Us 1 1 2 cotic" �j 3 iuGhLk , PAHK . 7 4 PR 'M ICNA, ( 1 6\ 4 6EG , 5 12 1; 11 � , s "i., T 71 + 10 6EC, w -7 9 8 7 r' AM D PLAT cf C T WA Q � k 1A T3A �DD 3 L 4H01LAflk PARK 2NO AJD 4A 6DH z 6BF 9U 6DF 1 i 2 3 6BK \2 BLOCK 6BR HICHLANP 5 \4 a 3 PARK 17) a 7 4 68SA 66 7 68 a iBQA 7 691 66 10 13. I , 5 H 12 7 a a —2 6 U NOERHILL I CT tit I ,aall 1 4 5 6 5 7 Is ab, 21 1 7 4:1 21, 1 UIA U GOL COUF ADE, Dale Haarr Rezone Request Section 6, T. 28 N. R. 21 W. APPROWD2,L40 / �CLt E Dale Haarr Rezone Request Section 6, T. 28 N. R. 21 W. ''ai sap Dale Haarr Rezone Request Section 6, T. 28 N. R. 21 W. 0 HAARRI 4/11/01 im"rm adr_~ adr_cft adr adr—zl adr_code TRACT-XD TY OF KALISPELL PO BOX 1997 KALISPELL MT 599031997M 28217-GLF-BLK4 CITY OF KALISPELL PO BOX 1997 KALISPELL MT 599031997M 28216-GLF-CITYKAL ITY OF KALISPELL PO BOX 1997 KALISPELL MT 599031997M 28216-68 TY OF KALISPELL PO BOX 1997 KALISPELL MT 599031997M 28217-HGP-INB-BLKI TY OF KALISPELL PO BOX 1997 KALISPELL MT 599031997M 28217-HGP-2N8-BLK3 CITY OF KALISPELL PO BOX 1997 KALISPELL MT 599031997M 28216-61)HA FURROW, ALLEN C & DOROTHY A 52 1/2 BUFFALO HILL DR KALISPELL MT 599013104M 28216-HG1-3-EXSB HAARR, DALE W 80 BUFFALO HILL DR KALISPELL MT 599013104M 28216-6EC HAARR, DALE W 80 BUFFALO HILL DR KALISPELL MT 599013104P 28216-6EC HEINECKE, WILLIAM C E & ROSALIE J 61 BUFFALO HILL DR KALISPELL MT 599013103 M 28216-GL2-2 IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 599013573 M 28217-HGP-2-BLK2 IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 599013573 M 28217-HGP-I-BLK2 IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 599013573 M 28217-6HANDRDS IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 599013573 P 28217-HGP-2-BLK2 IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 599013573 P 28217-HGP-I-BLK2 IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 599013573 P 28217-6HANDRDS IMMANUEL LUTHERAN CORPORATION IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT MT 599013573 M 26217-HGP-IEXN8-BLKI 185 CRESTLINE AVE KALISPELL 599013573 M 28217-HGP-2EXN8-BLKI IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE _ KALISPELL MT 599013573 M 28217-HGP-3-BLK2 LITTLE, JEFFREY C & PAULA M 64 BUFFALO HILL DR KALISPELL MT 599013104 M 28216-6CS LITTLE, JEFFREY C & PAULA M 64 BUFFALO HILL DR KALISPELL MT 599013104M 28216-6EE OBER, MICHAEL J & ALANNA 7 54 BUFFALO HILL DR KALISPELL MT 599013104M 28216-HAR-I-EXS8 ROTH, DAVID L 85 BUFFALO HILL DR KALISPELL MT 599010000 M 28216-GL2-4-N2 ROTH, DAVID L 85 BUFFALO HILL DR KALISPELL MT 599010000M 28216-GL2-5 ROTH, DAVID L 85 BUFFALO HILL DR KALISPELL MT 599013103 P 28216-GL2-4-N2 ROTH, DAVID L 85 BUFFALO HILL DR KALISPELL MT 599013103 P 28216-GL2-5 SIMPSON, H E & HELEN C 55 BUFFALO HILL DR KALISPELL MT 599013103 M 2B216-GL2-1 SMITH SURVIVOR'S TRUST, ROBERTR 825 DOGWOOD LOOP LINCOLN CA 956480000M 28216-GL2-4-52 SMITH SURVIVOR'S TRUST, ROBERT R 825 DOGWOOD LOOP LINCOLN CA 956480000M 28216-GL2-3 STATE OF MONTANA DEPT OF HWYS 2701 PROSPECT AVE HELENA MT 596019726 M 28216-6EG SWINDALL, RONNIE C & MARGARET A 74 BUFFALO HILL DR KALISPELL MT 599013104P 28216-6EA Page I HAARRI 4/11/01 Paget e KLAJ Z-98 CERTIFICATION APPLICANT: DALE HAAR, FT AL FRDO FILE;: KZC-01-1 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 1=0 feet of the property line the property that is the subject of the application. Date: 67 Assessor's S-T-R Lot/Tract Property Owner No. No. & Mail .address DALE HAAR ET AL 80 BUFFALO HILL DRIVE KALISPELL MT 59901 NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING Trinity Lutheran School Expansion Conditional Use Permit Kalispell Zoning Text Amendment to H-1 Parking Standards Kalispell Zoning Text Amendment to the I-1, Industrial, District Kalispell Zone Change Request H-1 to R-3 Buffalo Hill Drive Kalispell Zoning Text Amendment to the B-2, General Business District Annexation and Initial Zoning for Meerkatz South Woodland Drive The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, June 12, 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 request by Trinity Lutheran School for a conditional use permit to allow the expansion of their existing school. The expansion would include five new classrooms and a library to replace the makeshift classrooms that currently exist in the school gymnasium. The addition would be located between the existing classroom and the gymnasium on property that is currently a lawn area. The additional would be approximately 98 feet by 110 feet for a total of approximately 10,780 square feet. The property is zoned R-3, a Residential which lists schools as a conditionally permitted use. The school is located at 495 Fifth Avenue WN and the property can be described as Assessor's Tract 8-22 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana 2. An amendment to the Kalispell Zoning Ordinance proposed by Northwest Health Care for the Summit, to amend Section 27.26.030(e)(2), Parking in the front and side yard setbacks. The applicants are proposing to amend this section to include the H-1, Health Care, zone along with the B-1, B-2, B-3 and B-4 zoning district which allows vehicles to park in within five feet of the front and side corner lot lines. Additionally, to allow parking in the side yard setback as long as a sight -obscuring fence or landscaping is constructed along the side lot line unless it is next to a parking lot. This amendment could affect all properties in the H-1 zoning district. 3. An amendment to the Kalispell Zoning Ordinance proposed by Kalispell Building, LLC to amend Section 27.18.020, permitted uses in the 1- 1, Light Industrial, zoning district to include "restricted retail" and amend Section 27.37.010, Definitions, by adding a definition of restricted retail. This could potentially affect all areas of the city which have one of these industrial zoning designations. 4. A zone change request by Dale W. Haarr, et al from H-1, Health Care, a district intended to provide a mix of health care and support services, to R-3, Residential, a single family residential district which would be served by all public utilities. The properties are in the city of Kalispell and are located on the east and west sides of Buffalo Hill Drive and contain approximately 3.10 acres. The properties can be described as Assessor's Tracts 6EC, 6EA, 6EE, 6CB, 6CD, Lot 1 Harmon Addition and Lots 1 through 5 Highland Park, Golf Course 2nd Addition located in Section 6, Township 28 North, Range 21 West, P.M.M. 5. An amendment to the Kalispell Zoning Ordinance proposed by Jackola Engineering and Architecture to amend Section 27.14.040(4), Maximum building height in the B-2, General Business, zoning district from 35 feet to 50 feet. The applicants are proposing to amend this section to increase the height limitations in the B-2 zone to accommodate a new development project which is planned for the Southfield Tower property. This amendment could affect all properties in the B-2 zoning district. 6. A request by Jeffery C. Meerkatz for annexation into the city of Kalispell and an initial zoning designation of R-2, Residential, on approximately 0.60 of an acre. The property proposed for annexation lies on the west side of South Woodland Drive and north of Kelly Road. The property is currently in the County zoning jurisdiction and is zoned R-2, One Family Limited Residential. The purpose of the annexation and zoning is so that the applicant can obtain City water and sewer to a new single-family dwelling. The property proposed for annexation can be described as the amended plat of Lots 4 and 5 Greenacres Northwest located 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. �F kWAYDR AMD FLATHEAD HEA.LTH CENTER 2ONWAYDR 6EF 1 2 mein 'r PP. F IONAL 6 4 6EG 12 11: ''�G�A/ 5, N WA NORTHWEST 10 PROFESSIONAL CONDO o CENTER 9 6 7 5 CONDO IA o D PLAT of LOTS " 3 & 4 HIGHLAND PARK PRE BOUNTIFUL�0 �O 2ND ADD 4A 6DH 1 2 3. BLOCK S y HIGHLAND 4 s E7 N0 r 3 PARKI 2 5/ 8 G f f0 NP�ro� 5 4 7 9 9 10 �3 2 �i 6B + Subject Property _1 GOLF 2 COURSE 3_ 2 N f ADD _ 2 4 _y VICINITY MC)•L DALE HAARR, ET AL ZONE CHANGE REQUEST FROM H-1, HEALTH CARE, TO R-3, SINGLE FAMILY RESIDENTIAL CITY OF KALISPELL ZONING DISTRICT FILE# KZC-01-1 SCALE i• = 3w RM OATE MW1 a2 ZM oaf v.wmcm_1Dm Applicants H.E. Simpson Helen C. Simpson 55 Buffalo Hill Drive Kalispell, MT 59901 Rosalie Heinecke 61 Buffalo Hill Drive Kalispell, MT 59901 7 Robert R. Smith 75 Buffalo Hill Drive Kalisge-ll, MT 59901 1 85 Buffalo Hill Drive Kalispell, MT 59901 Michael J. Ober Alanna T. Ober 54 Buffalo Hill Drive Kalispell, MT 59901 listbuff Date S/Os/o/ Date r 1-A Date D to .C-o8_Q� Date HAARRI e adr reef altr Gity lacr-jrta adr I cal TRACT -ID ASSRNO N OF KALISPELL PO BO%1997 KALISPELL MT 599031997 M 282173LF-BLK4 E028508 N OF KALISPELL PO BO%1997 KALISPELL MT 599031997 M 28216-61-F-CITYKAL E028508 N OF KALISPELL IPO BOX 1997 KALISPELL MT 599031997 28216-6B E028825 N OF KALISPELL PO BOX 1997 KALISPELL MT 599031997 M 28217-H6P-INB-BLKI E029100 N OF KALISPELL PO BOX 1997 KALISPELL MT 599031997 M 28217-HGP-2NB-BLKI E029100 N OF KALISPELL PO BOX 1997 KALISPELL MT BM31997 M 28216-6DHA E-029200 FURROW ALLEN C 6 DOROTHYA 521/2 BUFFALO FQLL DR KALISPELL MT 599013104M 28216-H61-3-EXSS 0274125 HAARR DALE W 80 BUFFALO HILL DR KALISPELL MT 599013104 M 28216-6EC 0238350 HAARR DALE W 80 BUFFALO HILL OR KALISPELL MT 599013104 P 28216-6EC 0238350 HEINECKE WILLIAM C E d ROSALIE J 61 BUFFALO HILL DR KALISPELL MT 5WO13103 M 28216.6L2-2 0352800 MMANUEL LUTHERANCORPORATION 185 CRESTLINE AVE KALISPELL MT 599013573M 28217-WP-2-BLK2 E030500 MMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 5M13573M 28217-HGP-I-BLK2 E030500 MMANUEL LUTHERAN CORPORATION 185CRESTLINEAVE KALISPELL MT 599013573M 28217-6HANORDS E030500 MMANUEL LUTHERAN CORPORATION 185CRESTLINE AVE KALISPELL MT 599013573P 28217-HGP-2-BLK2 E030500 MMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 599013573P 28217-HGP-I-BLK2 E030500 MMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 5M13573P 28217-6HANDRDS E030500 MMANUEL LUTHERAN CORPORATION 185CRESTLINEAVE KALISPELL MT 5M13573M 28217-H&P-1EXN8-BLKI E030705 MMANUEL LUTHERAN CORPORATION 185 CRESTLINE AVE KALISPELL MT 599013573M 28217-HGP-2E%N8-BLKI E030705 MMANUEL LUTHERAN CORPORATION 185CRESTLINEAVE KALISPELL MT 1 599013573M 28217-HCP-3-BLK2 E030705 iTLE JEFFREY C 6 PAUAM 64 BUFFALO K LDR KALISPELL MT 599013104M 28216-6CR 0079935 TTLE JEFFREY C d PAULA M 64 BUFFALO FELL OR KALISPELL MT 599013104M 28216-6EE 0079935 BER MICHAEL J 4 ALANNA J 54 BUFFALO HILL OR KALISPELL MT 599013104 M 28216-HAR-I-EXSB 0399775 OTH DAVID L 85 BUFFALO HILL OR KALISPELL MT 599010000 M 28216FA2-4-N2 0602100 OTH DAVID L 85 BUFFALO HILL OR KALISPELL MT 599010000 M _ 28216-6L2-5 0602100 OTH DAVID L _ 85 BUFFALO VQLL OR KALISPELL MT 599013103 P 28216-GL2-4N2 0602100 OTH DAVIDL 85 BUFFALO HILL DR KALISPELL MT 599013103P 28216-GL2-5 0602100 SIMP50N H E 8 HELENC 55 BUFFALO FALL DR KALISPELL MT 599013103 M 28216-61.2-1 0793600 MITH SURVIVOR'STRUST ROBERTR 825 D06WOOD LOOP LINCOLN CA 956480000M 28216-6L2452 0791782 MITH SURVIVOR'S TRUST ROBERTR 829 D06WOOD LOOP LINCOLN CA 956480000M 28216-GL2-3 0791782 TATE OF MONTANA DEPT OF HWYS 2701 PROSPECT AVE HELENA MT 596019726 M 28216-6E6 E03B717 WINOALL BONNIE C 4 MAR6ARET A 74 BUFFALO HILL DR KALISPELL MT 590013104P 28216-6EA loo,8500 4/11/01 Page 1