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10. Ordinance 1408 - Zone Change - City-County Health Dept - 1st ReadingREPORT TO: FROM: SUBJECT: MEETING DATE: Td-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 City -County Health Department Zone Change from R-4, Two Family Residential, to R-5, Residential / Professional Office November 5, 2001 BACKGROUND: This is a zone change request by the Flathead City -County Health Department from R-4, Two Family Residential, a residential district that allows single family and duplex dwellings as permitted uses. It has a minimum lot size requirement of 6,000 square feet and is generally intended for residential uses. The proposed zoning is R-5, a Residential / Professional Office zone which has a minimum lot size requirement of 7,000 square feet. This zone change would allow the site to be used for professional or governmental offices as permitted uses, which are not allowed in the R-4 district. This rezoning would bring the proposed new health department building into substantial compliance with the zoning. This is a transition area between the busy main street traffic and office buildings to the east and the older residential neighborhood on the west side of Kalispell. Other County office buildings lie directly to the north of this property. The Kalispell City -County Planning Board held a public hearing at their regular meeting of October 9, 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. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Flathead City County Health Department Zone Change R-4 to R-5 October 19, 2001 Page 2 Report compiled: October 19, 2001 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KZC-01-3 and application materials Draft minutes from 10/9/01 planning board meeting H: \FRDO \TRANSMIT\KALISPEL\2001 \KZCO 1-3MEMO.DOC ORDINANCE NO. 1408 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 13 THROUGH 24, BLOCK 132, KALISPELL ORIGINAL TOWNSITE IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R- 4, TWO FAMILY RESIDENTIAL) TO CITY R-5 (RESIDENTIAL/PROFESSIONAL OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the Flathead City -County Health Department, the owner of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to R-5, Residential/Professional Office, and WHEREAS, the property as described exists as property surrounded to the North by office buildings, P-1 classification, to the East by County Justice Center parking lot, R-5 classification, to the South by single family homes, R-4 classification, and to the West by single family homes, R-4 classification, and WHEREAS, the petition of the City -County Health Department was the subject of a report compiled by the Tri-City Planning Office, #KZC-01-3, dated October 2, 2001, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-5, Residential/Professional Office 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 R-5, Residential/ Professional Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-5, Residential/Professional 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 TCPO as set forth in Report No. KZC-01-3. 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 13 through 24, Block 132, Kalispell Original Townsite in Section 18 as R-5, Residential/Professional 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 (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 NOVEMBER, 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@centu rytel. net October 19, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Flathead City -County Health Department Zone Change from R-4, Two Family Residential, to R-5, Residential / Professional Office. Dear Chris: The Kalispell City -County Planning Board met on October 9, 2001, and held a public hearing to consider a request by the Flathead City -County Health Department to amend the Kalispell zoning map on approximately one acre of property owned by the County between Tenth Street West and 11th Street West on the east side of First Avenue West. As you are aware, they intent to build a new health department office building. The applicants are proposing to amend the zoning on the property from R-4, Two Family Residential, to R-5, Residential / Professional Office. Narda Wilson, of the Tri-City Planning Office, presented staff report KZC-01-3, evaluating the proposed zone change. She explained that the rezoning was an attempt to bring the new office building into substantial compliance with the zoning for the property. The current R-4 zoning does not allow offices whereas the proposed R-5 zoning does. She noted that the property was indicated as a transition area between the commercial to the east and the residential to the west on the Kalispell City County Master Plan map. A public hearing was held before the planning board with no one present to speak either in favor or in opposition to the proposed rezoning. A motion was made and passed unanimously to adopt staff report KZC-01-3 as findings of fact and recommend approval to the Kalispell City Council for the proposed zone change from R-4, Two Family Residential, to R-5, Residential / Professional Office. Please schedule this matter for the November 5, 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 Kalis ell City -County Planning Board e evens Pre dent Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Flathead City -County Health Dept. Zone Change from R4 to R-5 October 19, 2001 Page 2 GS/NW/ Attachments: Staff report KZC-01-3 and application materials Draft minutes 10/97/01 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Joe Russell, FCCHD, 723 Fifth Ave East, Kalispell, MT 59901 H: \FRDO\TRANSMIT\KALISPEL\2001 \KZC-01-3. DOC Wilson said she would research the Buffalo Stage waiver of SID. DST Rice seconded the motion to amend Condition #7 as stated. ROLL CALL VOTE The motion passed unanimously. MOTION (CONDITION #6) Stevens moved to amend Condition #6 to read "That the developer shall obtain written approval for the proposed approaches onto Whitefish Stage Road by the Montana Department of Transportation and the Flathead County Road Department and from Granrud Lane by the Kalispell Public Works Department and any conditions or improvements associated with the approval be completed prior to final plat submittal." Van Natta seconded the motion. ROLL CALL VOTES The motion passed unanimously MOTION (CONDITION Stevens moved to delete Condition # 15. Garberg seconded the # 15) motion. MOTION (AMENDMENT) Van Natta moved to amend Condition #15 to read "A recommendation on parkland dedication requirements shall be made to the City Council by the Tri-City Planning Office." Rice seconded the motion. MOTION Garberg moved to amend the motion to say "that in addition to the verbiage accepted that the Board recommend that the common ground satisfy the requirement for parkland as long as it meets statutes." The motion died for lack of a second. ROLL CALL VOTE The motion passed unanimously ROLL CALL VOTE (M)UN The motion passed unanimously. MOTION) MOTION (CONDITIONAL Garberg moved to adopt staff report #KCU-01-5 as findings of fact USE PERMIT) and forward a recommendation to the Kalispell City Council to grant the conditional use permit for Whitefish Stage Condominiums subject to the conditions as amended in the preliminary plat. Pierce seconded the motion. ROLL CALL VOTE (MAIN The motion passed unanimously. MOTION A zone change request by the Flathead City -County Health Department from R-4, Two Family Residential, a residential district FLATHEAD CITY -COUNTY that allows single family and duplex dwellings as permitted uses, to HEALTH DEPARTMENT R-5, Residential / Professional Office, a residential district that also ZONE CHANGE allows professional and government offices for property located on the east side of First Avenue West between loth Street West and '11th Street West containing approximately one acre. STAFF REPORT Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KZC-01-3 saying this was a request for a zone change Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 10 of 16 the Flathead City -County Health Department from R-4, Two Family Residential, to R-5, Residential/Professional Office. Wilson said there are several properties proposed for rezoning that are located on the east side of First Avenue West between loth Street West and I Ith Street West which comprise half of a city block and contain approximately one acre. Wilson said the existing homes have been removed to allow for the redevelopment of the lots with a new County office building. Wilson said the Health Department applied for and received an agency exemption from the Kalispell Board of Adjustment, however the applicants were asking that City make a contribution to their project, and were asking for the zone change order to bring the properties into compliance with the zoning. Wilson said the zone change was in close proximity to other properties with the same uses such as the Blue Building and the Justice Center parking lot. Wilson said staff was recommending approval of the zone change. APPLICANT/AGENCIES There was no one who wished to speak. 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 in favor. OPPONENTS There was no one who wished to speak in opposition and the public hearing was closed. MOTION Sipe moved to that Kalispell City -County Planning Board and Zoning Commission adopt staff report #KZC-01-3 as findings of fact and recommend approval of the requested zone change from R-4 to R-5. Pierce seconded the motion. BOARD DISCUSSION Hines asked how much the Health Department had paid. Wilson said they were exempt because they were a city -county funded office, and the director of the Tri-City Planning Office had waived the fee. Hines said that was cheating the public quite grossly and those decisions should be made by someone other the director. Wilson said it was a policy of the Tri-City Planning Board and prior to that the County -wide Administrative Board, that any of the parties who contributed to the office were not subject to review fees, and reminded the board that the City of Kalispell doesn't pay fees either. Stevens said the regulations state that all applicants pay review fees, and whether the Tri-City Planning Board makes a decision or not, this was a joint board that has no relationship with that board. Stevens said they were robbing Peter to pay Paul because it would be hard to save the taxpayers money if they had to pay the $500 fee, and the Tri-City Planning Board would get the money from the Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 11 of 16 county taxpayer and use it for who knows for what purposes, and it would be better to just let sleeping dogs he on this subject. ROLL CALL VOTE The motion passed unanimously. RICHARD DASEN ZONING An amendment to the Kalispell Zoning Ordinance proposed by TEXT AMENDMENT Richard A. Dasen to amend the B-2, General Business, to allow multi -family dwellings as a permitted use. STAFF REPORT Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KZTA-01-7 stating this was a request for a zoning text amendment to the general business district zoning regulations that would include multi -family dwellings as permitted uses in the B-2 zoning district. Wilson stated the applicants own property near the Outlaw Inn in south Kalispell and are interested in developing a multi -family dwelling complex. Wilson said the property is zoned B-2, General Business District, which does not allow residential uses other than accessory apartments or apartments in association with a business as a conditionally permitted use. Wilson said staff advised the applicant that there would be general support for the proposed amendment because it provides an opportunity for a variety of housing types, it uses existing transportation and pedestrian infrastructure and it expands the customer base of businesses in the B-2 zone. Wilson said there are no density limits so housing density would be limited by the square footage on the parking requirements. Wilson said another option would be to require a conditional use permit for multi -family and for dwellings in mixed -use buildings in order to provide for suitable review of design, potential density limits and compatibility with adjoining properties. Wilson said that multi -family dwellings would generally be consistent with other high -intensity uses associated in the B-2 zone, and that there would be certain economics that would dictate whether or not a commercial property was suitable for residential development. Wilson said there were a few concerns among City staff that perhaps by requiring a conditional use permit for multi -family or dwellings in a mixed -use B-2, it would allow for review on a case -by -case basis, but there was no clear consensus on the issue. Wilson said staff was recommending approval of the request. APPLICANT/AGENCIES Matt Watti, Peak Development, spoke in favor of the proposal, saying they wanted to purchase the land from Dick Dasen, also a partner in Peak Development, and that the property was more suitable for an apartment complex because it was on Third Avenue East almost in a residential area. Watti said the development would provide a nice, affordable housing. Stevens asked how big the property was. Watty said about one acre on the east side of Third Avenue East and approximately one half acre on the west side. Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 12 of 16 FLATHEAD CITY -COUNTY HEALTH DEPARTMENT TRI-CITY PLANNING OFFICE ZONE CHANGE REPORT KZC-01-3 OCTOBER 2, 2001 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a zone change request from R-4 to R-5. A public hearing has been scheduled before the planning board for October 9, 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 Flathead City -County Health Department intends to construct a new building on the east side of First Avenue West between Tenth Street West and llth Street West. This is an attempt to bring the proposed office building into substantial compliance with the zoning. A. Petitioner/Owner; Flathead City -County Health Department 723 Fifth Ave East Kalispell, MT 59901 (406) 758-5828 B. Size and Location: There are several properties proposed for rezoning that are located on the east side of First Avenue West between loth Street West and 111h Street West and comprise half of a city block and contain approximately one acre. The properties proposed for rezoning can be described as Lot 13 through 24, Block 132, Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M. C. Existing zoning: This is a zone change request by the Flathead City -County Health Department from R-4, Two Family Residential, a residential district that allows single family and duplex dwellings as permitted uses. It has a minimum lot size requirement of 6,000 square feet and is generally intended for residential uses. D. Proposed Zoning: The proposed zoning is R-5, a Residential / Professional Office zone which has a minimum lot size requirement of 7,000 square feet. This zone change would allow the site to be used for professional or governmental offices as permitted uses, which are not allowed in the R-4 district. This rezoning would bring the proposed new health department building into substantial compliance with the zoning. E. Existing Land Use: Previously existing homes have been removed to allow for the redevelopment of the lots with a new County office building. F. Adjacent Land Uses and Zoning: This is a transition area between the busy main street traffic and office buildings to the east and the older residential neighborhood on the west side of Kalispell. Other County office buildings lie directly to the north of this property. a. North: Office buildings, P-1 zoning b. East: County Justice Center parking lot, R-5 zoning c. South: Single family homes, R-4 d. West: Single family homes, R-4 zoning G. Utilities and Public Services: a. Sewer: City of Kalispell b. Water: City of Kalispell c. Refuse: City of Kalispell d. Electricity: Flathead Electric Cooperative e. Telephone: CenturyTel f. Schools: School District #5 g. Fire: City of Kalispell h. Police: City of Kalispell H. Relation to zoning requirements: The proposed use of the government office buildings as well as reduced setback requirements would bring the new County office building into substantial compliance with the development standards of the R-5 zoning. 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. PXMAH"6NH=kVJ. The Kalispell City -County Master Plan map indicates this area to be a transition zone between the commercial activity along Main St. to the east and the established residential areas to the west. The proposed zone change is on property that is in close proximity to property with similar uses most specifically the government office buildings to the north. The proposed zoning is in general compliance with the master plan for the area. Access to the property is suitable for R-5 zoning as this property is located on the east side of First Ave West. This roadway is designated as a collector and received a substantial amount of east / west traffic. The new use will increase the traffic volumes along this street. The proposed new use would create a moderate increase in traffic generation onto the intersections in the area. This street is adequate to accommodate additional traffic and serves as a major east / west connection. 6tlfffi/ . / • ... ... ... 1/. 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. New construction will be required to comply with the Uniform Fire Code and the applicable building codes. The rezoning would provide for gradual expansion of the office uses surrounding this area. The change from R-4 to R-5 would be an increase in land use intensity however this use would otherwise take place. The site is generally suitable for development under R-5 zoning, and the available infrastructure and public services are adequate to accommodate such development. No significant impacts on public health are anticipated. 2 No significant impact is anticipated on light and air since the zoning both R-4 and R-5 districts have comparable building height and setback requirements which provide for light and air between buildings. The rezoning would provide for expansion of the County office complex within the immediate area. The change from R-4 to R-5 allows the area to develop offices and will bring the health department building into substantial compliance with zoning. There will be in increase in activity in the area as a result of the new use. Available infrastructure and public services are generally adequate to accommodate such development. All public services and facilities are available to this site such as fire protection, police protection, schools, parks and recreation and suitable street access. The change from R-4 to R-5 would be an increase in land use intensity. The available infrastructure and public services are generally adequate to accommodate development under either zoning designation. The site is generally suitable for development under either R-4 or R-5 zoning since the health department has taken an agency exemption as provided for under the statutes. This area is a transition area between a busy main street to the east and the residentially established neighborhood to the west. This zone change is on the fringe areas of what could be considered appropriate for quasi -commercial uses since there are County office uses to the north and east. No environmental constraints are apparent on the site. R-5 zoning would allow the development proposed office building in substantial compliance with zoning. The property is in a transition area between commercial and residential on the west side of Kalispell, which has fully developed single-family areas. The rezoning would be inconsistent with the neighborhood to the west but consistent with the uses and zoning to the east. The rezoning would be consistent with the land use pattern in the area to the east and serve as a buffer to the west. •- • ••• ••- •• -. . • ,• No significant impact on property values is anticipated. As noted above, the rezoning would be inconsistent with the adjacent single-family neighborhoods, but consistent with office uses to the north and east. ME •' .• • .• W, - This zone change will bring the proposed new health department building into substantial compliance with the zoning and will serve as a transition between the office uses to the north and east and the residential uses to the west. Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt staff report #KZC-01-3 as findings of fact and recommend approval of the requested zone change from R-4 to R-5. 0 Community Health Services 758-5741 FAX 758-5856 Environmental Health Services Flathead Cit -County Health Department 7585760 FAX 758-5859 723 5th Avenue East Kalispell, MT 59901 Reproductive Health Services 7585756 FAX 7585926 (406) 758-5828 Fax: 758-5858 Home Health Services 862-9030 FAX 862-9025 WIC Services 758-5752 September 12, 2001 Narda Wilson Tri-City Planning Office Kalispell MT 59901 Re: Lots 13-24, Block 132, Kalispell Original Townsite, 18-28-21 Dear Narda: Accompanying this letter is an application for zoning amendment for Lots 13-24, Block 132, Kalispell Original Townsite and other information requested. As you know, the County Commissioners have authorized the construction of the City -County Health Department Building on the above referenced property. The zoning on the west half of Block 132 is R-4 and we request a zoning map amendment to R-5 (the zoning designation on the east half of the Block). The City -County Health Department has cited the Agency Exemption as provided for Section 76-2-402 MCA. This exemption is applicable to this project. The Kalispell Board of Adjustments has conducted a hearing in conformance with this statue. We now believe that it is the best interest of our project to amend the zoning designation currently in effect. P J Sorenson, Kalispell Zoning Administrator, has provided a list of non -conforming items if, in fact, zoning was in effect on our project. Changing the zoning on this property eliminates most of the non-conformance issues with which he is concerned. Please contact me if you have any questions. Attachments SEP 13 20Q1 mI,VIILUV*Af0"r 6%. It is the mission ofthe Flathead City -County Health Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, andprovidingpreventive health services to our community. 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: L 6A- u vv, F&-. -L 2. MAIL ADDRESS: %23 5 '{ 14y.r- El" i 3. CITY/STATE/ZIP: �L�LiS+�+i�L Yti % 6-9-iq 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: A. What is the proposed zoning text amendment? nF H44"4' WG A- L-0 is /3 -L-/ aP /3�eut 13z K�ez�a�iG�c_ 4$ IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property B. Legal Description: Lomas 1 ?-Z y , l�iaotrC ) 3z � KK%,jgyr L /. nsiaAArt,7 (Lot and Block of Subdivision; Tract #) S 1Z8 Z / (Section, Town plus Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: e' 7 D. The proposed zoning of the above property is: R---T E. State the changed or changing conditions that make the proposed amendment necessarv: %G-_ SEP 13 2001 rtiaTv'T'4P s°a. 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 H. Giving reasonable consideration to the character of the district 2 I. 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 ri-City Planning staff to be present during approval process. s /Z Lt�7 (Date) 3 NOTICE OF PUBLIC HEARING B:ALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Whitefish Stage Condo Development - Annexation / Preliminary Plat / CUP Flathead City -County Health Dept Zone Change R-4 to R-5 — First Ave West. Zoning Text Amendment — Multi -Family in B-2, General Commercial Zoning Text Amendment — Changes to Building Height Limits The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, October 9, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Ball, 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 Whitefish Stage Development, LLC, for annexation into the City of Kalispell and an initial zoning designation of RA-1, Low Density Residential Apartment on approximately 38.4 acres. This zoning designation allows single family and duplex dwellings as a permitted use, and multi -family dwellings as a conditionally permitted use. The property is in the County zoning jurisdiction and is zoned R-5, a Two Family Residential zoning district. The property is located on the west side of Whitefish Stage Road and north of Granrud Lane in the northeast part of Kalispell. A preliminary plat and conditional use permit application for a 304 condominium development have been filed concurrently with the annexation request. The property proposed for annexation can be described as Assessor's Tract 2 in the northeast quarter of Section 31, Township 29 North, Range 21 West, .#PM.M.,' Flathead County, Montana. 2. A request by Whitefish Stage Development, LLC, for preliminary plat approval of Whitefish Stage Condominiums, a 304 unit condominium development on approximately 38.4 acres. Primary access to the subdivision would be from Whitefish Stage Road and Granrud Lane. The condominiums would be developed in six phases and would be a mix of duplex, six-plex and nine -plea units with the duplex units generally located around the perimeter of the site. All of the area within the subdivision would be commonly owned and maintained by the owners of the condominiums. Annexation to the city of Kalispell is proposed concurrently with the preliminary plat, with an initial zoning designation of RA-1, Low Density Residential Apartment, which has a minimum lot size requirement of 6,000 square feet plus an additional 3,000 square feet for each unit beyond a duplex in multi- family developments. The property proposed for this subdivision is described above. 3_ A request by Whitefish Stage Development, LLC, for a conditional use permit to allow a 304 unit condominium multi -family development, Whitefish Stage Condominiums, on approximately 38.4 acres. Annexation to the city of Kalispell is proposed concurrently, with an initial zoning designation of RA-1, Low Density Residential Apartment, which has a minimum lot size requirement of 6,000 square feet plus an additional 3,000 square feet for each unit beyond a duplex in multi- family developments. Multi -family dwellings are listed in this zoning district as a conditionally permitted use. The condominiums would be a mix of duplex, six plex and nine plex units done is six phases. All of the area within the subdivision would be commonly owned and maintained by the owners of the condominiums including the lawn area, clubhouse, fencing, landscaping and parking lots. Primary access to the development would be from Whitefish Stage Road and Granrud Lane. The property proposed for development is described above. 4. A zone change request by the Flathead City -County Health Department from R-4, Two Family Residential, a residential district that allows single family and duplex dwellings as permitted uses, to R-5, Residential / Professional Office, a district that allows single family and duplex dwellings, as well as professional and government offices, as permitted uses. The properties are located on the east side of First Avenue West between loth Street West and 11+h Street West and comprise half of a city block and contain approximately one acre. Previously existing homes have been removed to allow for the redevelopment of the lots with a new County office building. The properties proposed for rezoning can be described as Lot 13 through 24, Block 132, Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M. 5. An amendment to the Kalispell Zoning Ordinance proposed by Richard A. Dasen to amend the B-2, General Business, Section 27.14.020, Permitted, to allow multi- family dwellings. Currently, apartments are only allowed as an accessory use and are subject to a conditional use permit. This change would allow apartments or .multi -family dwellings" as a permitted use in the district. This amendment would allow multi -family dwellings in any area of the Kalispell zoning jurisdiction with a B-2, General Business, zoning designation. 6. An amendment to the Kalispell Zoning Ordinance proposed by the City of Kalispell that would amend the building height limits in several of the zoning use districts. In brief, all of the residential districts would have a building height limit of 35 feet including the RA-1, Low Density Residential Apartment District. The RA-2 and RA-3 apartment districts would have a building height limit of 40 feet. The business, industrial and hospital districts would be amended to have a 40 foot height limit, and to allow up to a 60 foot height limit with a conditional use permit. The amendments are intended to provide greater consistency among the regulations and to provide an avenue for public review of taller buildings. This amendment could potentially effect all of the properties in the Kalispell zoning jurisdiction which are subject to the proposed changes. 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. ,Je Thomas R. Jentz Planning Director PUBLISH: Legal Notices Daily InterLake Sunday, September 23, 2001 BILL: Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell MT 59901 Note: This office is acting as an agency of the City of Kalispell and should be billed at the City's contract rate. 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