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E/02. Ordinance 1391 - Zone Change - Mohrenweiser - 2nd ReadingTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT: Protest on Mohrenweiser Zone Change R-3 to RA-3 - Meridian Road / Highway 93 MEETING DATE: September 17, 2001 BACKGROUND: At the regular meeting of August 6, 2001, the council voted five in favor and four opposed to approve the first reading of the zone change from R-3, Residential, to RA-3, Residential Apartment / Office. The properties proposed for rezoning are located east of North Meridian Road, west of Highway 93 and north of Underhill Street. The properties contain approximately 2.91 acres that are currently undeveloped. At the August 20, 2001 meeting, property owners in the area submitted a petition protesting the proposed zone change. According to the Montana Code Annotated, Section 76-2-305(2), Alteration of zoning regulations - protest, "An amendment may not become effective except upon a favorable vote of two thirds of the present and voting members of the city or town council or legislative body of the municipality if a protest against a change pursuant to subsection (1) is signed by the owners of 25 percent or more of: (a) the area of the lots included in any proposed change; or (b) those lots 150 feet from a lot included in the proposed change." The petition submitted by the property owners in the area included many properties that were outside of the 150 foot limit stated in the protest provision. Using the certified list provided with the zone change application, the Tri-City Planning Office carefully counted the number of lots included in the list that represented the 150 foot area around the property proposed for rezoning. There is a total of 39 individual tracts of record within 150 feet of the subject property according the to original certified list. Three of those "lots" are small segments of City right-of-way and one "lot' is a small segment of State right-of-way which were subtracted. There is a total of 35 individual tracts of record within 150 feet of the property proposed for rezoning as certified by the County Plat Room and originally submitted by the applicant. Out of those 35, there were nine valid signatures on the petition representing nine lots, primarily property owners along Underhill Court and Arizona Street, who protested the zone change. Those nine property owners who protested represent 25.7 percent of the lots within 150 feet. On Monday, September 10, 2001 the applicants provided the Tri-City Planning Office with a revised list of property owners within 150 feet certified by the Flathead County Plat Room and intended to be more accurate than the original list submitted with the Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Mohrenweiser Zone Change Protest September 12, 2001 Page 2 application. This list included several more properties, primarily on the west side of Meridian Road. Using the revised list, there is a total of 41 individual lots within 150 feet and ten valid signatures on the petition representing ten lots. This would change those who protested from 25.7 percent to 24.3 percent. Taking the protest below the 25 percent that would require a two-thirds majority of the council for approval of the zone change. However, there appears to be some problems with the revised list because although it picks up more properties, it does not appear to be entirely accurate because it excludes properties included in the original list. There appears to be at least three options: (1) use the certified list of property owners filed with the application allowing the 25 percent protest to stand and require the applicant to gain a favorable vote of two-thirds of the council; (2) using the revised list, notify those property owners within 150 feet and hold another public hearing; or (3) use the revised list of property owners and recognize the 24.3 percent protest which would require a simple majority of the council to pass the zone change. However, there are some obvious inherent problems in using one list for the original notification and another list to count the valid protests. If the council goes with the first option, owners of 25 percent or more of the lots within 150 feet of the proposed zone change have protested the zone change. A two thirds majority, or six of the nine members or eight of the nine members, voting in favor would be required to pass the zone change. More specifically "two thirds of the present and voting members" is required to pass the zone change. The second option may also be feasible. Consideration should be given to additional advertising costs and staff time and whether or not those costs should be borne by the applicant, should this option be considered. The third option of using the revised list to determine the percentage of valid protests could expose the council to some potential legal problems because those property owners counted in the revised list would not have been included in the original notification and public hearing process. Attached to this memo is a copy of a vicinity map of the area numbering the lots within 150 feet of the property proposed for rezoning using the original list. These numbers correspond to the original adjoining landowners list that was submitted with the application, also attached. You may notice that there are some very small parcels that were counted as a "lot" because they listed as a separate tract of record with the County Plat Room. Multiple lots under single ownership, under a single assessor number were also counted as individual lots because they are recorded as a separate tract of record. Shaded areas indicate those lots where property owners protested the zone change. A list of the nine property owners within 150 feet of the subject parcel who were included in the protest is also attached. A copy of the map indicating the revised boundaries has also been included. The Kalispell City -County Planning Board voted on this matter at their regular meeting of July 10, 2001 where the board recommended approval of the proposal on a vote of six in favor and one opposed. Mohrenweiser Zone Change Protest September 12, 2001 Page 3 .RECOMMENDATION: Recognize the protest using the original list of properties. In this case, a two thirds majority of the present and voting members of the council will need to vote in favor of the second reading. If there is not a two thirds majority of the present and voting members of the council who vote in favor of the second reading, the zone change will have been defeated by protest. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A.Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: September 12, 2001 c: Theresa White, Kalispell City Clerk NO. 1391 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 6B AND 6BSAAA IN GOVERNMENT LOT 1, SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, RESIDENTIAL) TO CITY RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Richard and Judith Mohrenweiser, the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tracts of land be changed to RA-3, Residential Apartment/Office, and WHEREAS, the property as described exists as property surrounded to the North by single family homes and small business, R-3 classification, to the East by Hwy. 93, church, single family homes, R-3 and H-1 classifications, to the South by single family homes, R-4 classification, and to the West by single family homes and offices, R-3 and R-5 classification, and WHEREAS, the petition of Richard and Judith Mohrenweiser was the subject of a report compiled by the Flathead Regional Development Office, #KZC-01-2, dated July 3, 2001, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned RA-3, Residential Apartment/ Office as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned RA-3, Residential Apartment/Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-3, Residential Apartment/Office, the City Council adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State. Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KZC-01-2. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1175) is hereby amended by designating the property described as Assessor's Tracts 6B and 6BSAAA in Government Lot 1, Section 7 as RA-3, Residential Apartment/Office. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 2ND DAY OF AUGUST, 2001. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk a 7J ij 71 BERTSCH A 14DD FA 6BF 0-1 6BK 14 6BR 3� D�6BSA = 1 BIA BHA 11 21 3 6BA Js ymmm� 12 U INA.L 6/ 5\4I •p 12 t t Yc ,r/P.Y 10 COkc O 9 81 7 AMD PLAT o1 LOi'l 3A 3 1 A HIGHLAfVD PARK 2ND AQD 4A H4 BLOCK S HIGHLAND PARK Ic w� ST CENTER CONDO BOUNTIFUL 6DH e 6 �- ,7 P 9 � 9 10 CNF 11 12 9 1 10 I 6EA 6EB CT %7f� 1 c� , Y o Vie mTymt'>►t RICHARD & JUDY MOHRENWEISER ZONE CHANGE REQUEST FROM R-3, SINGLE FAMILY RESIDENTIAL TO RA-3, HIGH DENSITY RESIDENTIAL/OFFICE/MIXED USE CITY OF KALISPELL ZONING JURISDICTION PLOT DATE: 6/20/01 FILE# KZC-01-2 SCALE 1" = 250' a:�\9it-\1c-0l-2-dwg MOHRENWEISER PROPERTY TRACT 613 & 613SAAA SECTION 7, T.28N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA LIST OF NAMES IN THE 150' AREA THAT SIGNED THE PETITION NAMES ADDRESS PHONE 1 KEITH ROBINSON & ELSIE STAFFORD 501 W. ARIZONA 752-5881 2 VERNON & JANET WYMAN 507 WEST ARIZONA ST 751-1051 3 BETTY JO & JESSE MALONE 627 UNDERHILL CT. 755-6323 4 DANA & SHEILA HENDERSON 630 UNDERHILL CT. 756-7992 5 JOAN M. LATIMER 635 UNDERHILL CT. 752-2759 6 NANCY L. FENNER 633 UNDERHILL CT. 752-0298 7 KATHY A. & FRED H. FRANK 632 UNDERHILL CT 752-6065 8 HOWARD DORAN 631 UNDERHILL CT. 752-1234 9 LANA L. GARDNER 629 UNDERHILL CT. 752-6485 694 WE&F,4R4ozepA ST 157 2379— Iisa/my documentslmorhenweiser/names 150' away Paul J. Stokes & Associates, Inc. 343 First Avenue West Kalispell, MT, 59901 - 755-8707 ADJACENT OWNERSHIP FOR: COUNTY PLAT ROOM MOHRENWEISER 000 $. Maim PROPERTY: Kalispell, MT 50%j TRACT 6B & 6BSAAA, SECTION 7, T.28N., R.21 W., P.M.,M., FLATHEAD APPROVED S -Le COUNTY, MONTANA m w. ASSESSOR'S LOT OR TRACT PROPERTY PROPERTY OWNER AND MAILING NUMBER NUMBER ADDRESS ADDRESS % E030701 NORTH PART IMMANUEL LUTHERAN OF BLOCK 5 CORPORATION HIGHLAND 185 CRESTLINE PvE KALISPELL, MT PARK 59901 2 0519150 LOT 14, E 18.44' IMMANUEL LUTHERAN'<. BLOCK CORPORATION HIGHLAND 185 CRESTLINE Ave . KALISPELL, MT PARK 59901 3 0526700 LOT 13, EX TR A 105 CHARLOTTE DONALD V. MCCLARTY, TRUSTEE BLOCK 3 AVE. P.O. BOX 413 KALISPELL, MT 59903041E HIGHLAND PARK NO ASSES. # LOT 13, TRACT CITY OF KALISPELL A BLOCK 3 HIGHLAND PARK 5 0519150 LOT 13 EX SE IMMANUEL LUTHERAN CORNER, CORPORATION BLOCK 2 185 CRESTLINE A�E KALISPELL, MT HIGHLAND 59901 PARK 6: 0234380 LOT 12 BLOCK 3 KIM A. CLAUSEN 114 HIGHLAND CRESTLINE KALISPELL, MT 59901 PARK 0634481 LOT 11 BLOCK 4 108 CHARLOTTE DOROTHY B. GRAHAM HIGHLAND AVE. 108 CHARLOTTE AVE. KALISPELL, MT PARK 59901 I 1 �✓ 0754950 TRACT 61 & 200 MISSION ST. ALICE J. RYDER -FEE o��+Erz YES 1 TRACT OF IMMp,4UEL LV HRE� cDZP.-� BLOCKS 185 CLES-rutHe A.IE HIGHLAND K4LtsPEL ctir �g9ol PARK �D11� ✓ 0155700 TRACT 6K & 103 CRESTLINE HAROLD R. & ANITA M. MORAN LOT 14, EX E DRIVE 103 CRESTLINE AVE. KALISPELL, MT 18.44' BLOCK 2 59901 HIGHLAND PARK 1V ✓ 0519150 TRACT 6J IMMANUEL LUTHERAN CORPORATION 185 CRESTLINE KALISPELL, MT 59901 1�7 0608768 LOT 5 BLOCK 1 501 W. ARIZONA KEITH A. ROBINSON CAMERON'S ST. 501 WEST ARIZONA ST. KALISPELL, ADD. MT 59901 0959950 LOT 6, EX N 4' VERNON L. & JANET M. WYMAN BLOCK 1 1 507 WEST ARIZONA ST. KALISPELL, CAMERON'S MT 59901 ADD. /[ 7 NO ASSES. # LOT 6, N 4' STATE OF MONTANA BLOCK 1 2701 PROSPECT AVE. HELENA, MT CAMERON'S 59601 ADD. 16 . 0561944 TRACT 6BTAB & MALONE LIVING TRUST, BETTY JO LOT 7, EX S 627 UNDERHILL CT. KALISPELL, MT 104.65' BLOCK 1 59901 CAMERON'S ADD. 1�0561944 TRACT A Mq �o E V I NG TeusT1 2aErTY fort• UNDERHILL #2 K coz U DE2kiLL c{ [pLISPELLI 55901 . ��✓ 0656620 LOT 1 FREDERICK H. & KATHY A. FRANK UNDERHILL #2 632 UNDERHILL CT. KALISPELL, MT 59901 JA� - 0885195 LOT 2 DANA C. & SHEILA D. HENDERSON UNDERHILL #2 630 UNDERHILL CT. KALISPELL, MT 59901 0329125 LOT 6 JOAN M. LATIMER UNDERHILL#2 635 UNDERHILL CT. KALISPELL, MT 59901 0411198 LOT 9 MICHAEL G. & LANA L. GARDNER UNDERHILL #2 629 UNDERHILL CT. KALISPELL, MT 59901 ✓0203271 LOT 8 E%• P.a.R • D HOWARD V. DORAN UNDERHILL#2 631 UNDERHILL CT. KALISPELL, MT 59901 ryIV0203270 LOT 7 EX. PaR. NANCY L. FENNER TRUST UNDERHILL #2 633 UNDERHILL CT. KALISPELL, MT 59901 0914901 TRACT 6BG, 1055 N. KALISPELL ASSOC. LIMITED 68H, 6BI MERIDIAN RD. PARTNERSHIP Nfj 3201 S, TAMARAC DR. SUITE 200 KALISPELL, MT 59901 ' 0973985 TRACT 6BQB 1069 N. MICHAEL K. & DIANA D. BLEND MERIDIAN RD. 1035 5TH ST. W. KALISPELL, MT 59901 0862800 TRACT 6BQA, GLEN A. & MILDRED F. THOMPSON rye✓ r�V 66N ISO 5ukvuremr Gr KALISPELL, MT 59901 0710150 LOT 2 BLOCK 1 PUTMAN REVOCABLE TRUST, ADAMS ADD. ROBERT M. & THEO MAE PUTMAN 1080 N. MERIDIAN RD. KALISPELL, MT 59901 ' 10. 0710100 LOT 3 BLOCK 1 PUTMAN REVOCABLE TRUST, ADAMS ADD. ROBERT M. & THEO MAE PUTMAN 1080 N. MERIDIAN RD. KALISPELL, MT 59901 11 "0596490 LOT 4 BLOCK 1 DANA J. & KRISTA DIEBERT ADAMS ADD. 1070 N. MERIDIAN RD. KALISPELL, MT 59901 3ti 0540000 TRACT 6BS MCKINLEY IRREVOCABLE LIVING TRUST, CATHERINE MCKINLEY P.O. BOX 9534 KALISPELL, MT 59901 0907450 TRACT 6BSA, 1089 M FREDERICK WALLNER, RICHARD �j 6BR, 6BK MERIDIAN RD. WALLNER, KRISTIN LITTLE 40 SCOVEL LANE KALISPELL, MT 59901 ✓ 0890919 TRACT 613SAAA RICHARD H. & JUDITH DELMOE 40( MOHRENWEISER P.O. BOX 1816 KALISPELL, MT 599031 SILO 3 0635050 TRACT 6BSAA NORTHWEST VIDEO, INC. 7.dx rJEPT. Po on/- ,I-13S3a co Sozi 1 3658 �^ v 0967914 �M ,j EDco t84 V� TRACT 6BV TELEPROMPTER CORPORATION DBA KALISPELL CABLE TV - Fes ow rtEtz T� t CABLEVISION OF GREAT FALL INC.-cer4Tzbc_T sUYee- "r,&x APT Fb So- t -I 6835 DENJF$ Co �^1Zf"13838 Uwpp-gH LLL SUB KZ.. GtTY OF KL1l.-{SPELL f� 6oK l`l`t"7 !-a t_.tSPEI-�. 59903 t99"1 H6ff 3 �1<E OQ 2 mfzG DR• rnrl Nnc . e� IT, "A. ROBINSON LTCOL. USAF. REP. r 501 W. ARIZONA ST. (406) 75288E KALISPEU,Mr598 ,M45 E 9 pI� i V��E N G. Coc(R56 tA,IxH 7�Z (5- v