Loading...
04-13-84 Annexation CommitteeFlathead Regional Development Office Advisory Technical staff April 12, 1984 Mayor and City Council City of Kalispell P.O. Box 1035 Kalispell, Montana 59903-1035 Re: Reservoir Addition Zoning F.R.D.O. #KA-84-04 Honorable Mayor and Council: 723 5th Avenue East - Room 412 Kalispell, Montana 59901 Phone: (406) 755-5300 Ext. 279 The Kalispell City Zoning Commission at its regular meeting on April 10, 1984 considered the following request from the City of Kalispell: Zoning classification for Reservoir Addition No. 164 as follows: P-1 (Public) for Assessors Tract 6B (Reservoir #2 and elevated tank) and R-4 (Residential) for the North 440 feet of Buffalo Hill Drive. Attached herewith are documents pertaining to the request as to size, location, • and F.R.D.O. report for your reference. After careful evaluation and following discussion held April 10, 1984, the Commission resolved to recommend: Approval of P-1 (Public) for Tract 6B, and R-4 (Residential) for Buffalo Hill Drive of Reservoir Addition No. 164. This recommendation and attached document are herewith submitted to your Council for further consideration, public hearing and action. If you have any questions, please feel free to contact this Commission or the Flathead Regional Development Office. Respectfully submitted, KALISPELL C Y ZONING COMMISSION Chuck Manni g Vice President Attachments cc: City Clerk . City Attorney Director of Public iIorks Chairman, Annexation Committee • Flathead County 9 City of Columbia Falls • City of Kalispell • City of Whitefish i Flathead Regional Development Office Advisory Technical Staff April 12, 1984 Mayor and City Council City of Kalispell P.O. Box 1035 Kalispell, Montana 59903-1035 Re: Reservoir Addition No. 164 F.R.D.O. #KA-84-04 Honorable Mayor and Council: 723 5th Avenue East - Room 412 Kalispell, Montana 59901 Phone: (406) 755-5300 Ext. 279 The Kalispell City -County Planning Board at its regular meeting on April 10, 1984 considered the following request from the City of Kalispell: Annexation of Reservoir Addition No. 164 to the City of Kalispell. The property is described as Assessors Tract 6B and the north 440 feet of Buffalo Hill Drive, in Government Lot 14 (SE'k, SW'k), Section 6, T28N, R21W, P.M.M., Flathead County. Area of Tract 6B (Reservoir #2 and elevated tank) is 2.75 acres and Buffalo Hill Drive is 0.6 acres. • Attached herewith are documents pertaining to the request as to size, location, and F.R.D.O. report for your reference. After careful evaluation and following discussion held April 10, 1984, the Board resolved to recommend: Approval of Reservoir Addition No. 164. This recommendation and attached documents are herewith submitted to your Council for further consideration, public hearing and action. If you have any questions, please feel free to contact this Board or the Flat- head Regional Development Office. Respectfully submitted, KALISPELL CITY -COUNTY PLANNING BOARD Kathleen Juki President Attachments • cc: City Clerk Chairman, Annexation Committee Director of Public Works City Attorney • Flathead County • City of Columbia Falls • City of Kalispell • Giy of Whitefish FLATHEAD REGIONAL DEVELOPMENT OFFICE ANNEXATION REPORT #KA-84-04 RESERVOIR ADDITION No. 164 to KALISPELL A report for the Kalispell City -County Planning Board and Kalispell City Zoning Commission meeting on April 10, 1984. PART I - ANNEXATION 11 A. GENERAL CONSIDERATIONS 1. Owner: City of Kalispell P.O. Box 1035 Kalispell, Montana 2. Location: City Water Reservoir No. 2 is located on Tract 6B in Government Lot 14 (SEk, SWk) Section 6, T28N, R21W, P.M.M. Flathead County, Montana. This property is located at the north end of Buffalo Hill Drive. The Reservoir site and a portion of the Buffalo Hill Drive are described on a warranty deed recorded in Book 369, Page 423, records of Flathead County. 3. Size: Reservoir site (Tract 6B): 2.75 acres northerly 400 feet of Buffalo Hill Drive: 0.6 acres. 4. Zoning: The Reservoir site is not zoned. Adjacent zoning is P-1 (Public) to the east, R-4 (Residential) to the north and south and a proposed RA-2 (Residential Apartment) will adjoin on the west.. Buffalo Hill Drive is presently designated as an R-4 (Residential) zone. 5. Services: All services are presently provided within the subject properties. 6. Comprehensive Plan: This area is designated as Public in the Kalispell Comprehensive Plan. These properties have been deeded to the City of Kalispell since 1952, the City Council passed a Resolution of Intent to annex these properties on March 19, 1984. B. RECOMMENDATION Approval of the Reservoir Addition No. 164 is recommended. PART II - ZONING A. REQUEST In the Resolution of Intent the City proposes to zone the Reservoir Tract (6B) as P-1 (Public) and Buffalo Hill Drive as R-4 (Residential). These zoning designations are in compliance with the Kalispell Compre- hensive Plan. B. RECOMMENDATION Approval of the P-1 and R-4 zones are recommended, where appropriate, for Reservoir Addition No. 164. Attachments: Exhibits "A" - Vicinity Map Exhibits "B" - Warranty Deed (3 pages) I-9 k ILA �j,%;� �O ', /• pass "� \L\m u w .. � «e,� `► 1-4 e V� O O O° 3L�. M31n- 100 IQyJ = plp o ,O - LL2 a Q n+i z nUFFAL Mlh IVE a e 'mac • cLa - ® O z � �O W W • - [- a e! --____—___ r, - CLAREMON 1A WOO ONV I 1d \o n r ^ t0 N. •9.9 LL U - I O Y x O JJ 1 J. Q N Z M CL N ^ O In r sl M0115 A00.. NO 33 II'W 4 U O u Z `r o.. . E — 0 I a OSIGN�Pr N 1 i C4, N I 0 c a m ti. _ __ N1FIWJIAN- _ —ROACH �'__ __ 1100 100 100 IOO 1001IpO 100'�� 6)0 N O • N ° • _� ~ u ^ m a a 60 _ 1 ��► on ovwnv nplvG Q OI al � e,, _P mo r Flathead Regional Development Office Advisory Technical Staff April 12, 1984 Mayor and City Council City of Kalispell P. 0. Box 1035 Kalispell, MT 59903-1035 Re: Meridian Addition Zoning Honorable Mayor and Council; 723 5th Avenue East - Room 412 Kalispell, Montana 59901 Phone:(406) 755-5300 Ext. 279 The Kalispell City Zoning Commission, at its regular meeting on April 10, 1984, considered your councils request for a zoning recommendation for Meridian Addition, located along Second Street West between Meridian -Road and the Burlington Northern Railroad right-of-way. Attached herewith are documents pertaining to this request including F.R.D.O. Report #KZ-84-01 for your reference. After careful evaluation, an on -site inspection, and discussion held February 14, March 13, and April 10, 1984, the Commission resolved to recommend; That Meridian Addition be zoned as follows; Lots 4 through 16, Block 1, Lots 4, 5, 6, E1/2 7 and 13-14-15, Block 2 be zoned I-1 (Light Industry); Lots 1, 2, 3, Block 1 and Lots 1, 2, 3, Block 2 be zoned B-3 (General Business); and Lots 8, 9, 10, 11, 12 and W1/2 7, Block 2 be zoned R-5 (Resi- dential). (Re: Exhibit "AA" attached). This recommendation is submitted to your Council for further considera- tion, public hearing and action. If you have any questions, please feel free to contact this commission or the Flathead Regional Development Office. Respectfully submitted, KALISPELL CIT ZONING COMMISSION Charles Mann ng Vice President \ CM/dl �\ • Flathead County 0 City of Columbia Falls • City of Kalispell 0 City of White -fish Mayor and City Council is City of Kalispell April 12, 1984 Page 2. Attachments: Exhibit "AA" F.R.D.O. Report #KZ-84-01 cc: City Clerk Chairman, Annexation Committee City Building Official City Attorney I L {YY _ I' I� 6 B V ! C `lMQ9 p,l +I jj 3041 '1 t Is aE'S aDG 'D "WEISSNANS IO NO 45 LOT ! I i] I:; ��AOD. NO 46 It lob I C 1 � ttR I MERID114N �� .SE¢... IT�. � It ('j t � + 4 / 77 0AI 1 y a',: a 1 NO :e 7 Ls. rr d l •1:��.r/. Pl�1- ( , .� 't I 1 It Y li6fle11 a Lli . P , SECOND-"..ST.. t_W. a rEpe 0 Y 7 rTI oL ypM x T It 4-4 Illl ! eprt, Apf f a TH ST, e 1 I It y T +. a le II T S s. t y^ o 0 opp 6 FOURI e s y y0Y a G O g 12 is pp es nu I c tc I L t , o Tot FOURTM ST. 9W. L I op a sp ey I] + II ro 9 F T e f♦ L B O,p 5 5 60�B 6 -f1F 3 K 0 C.) B I i�f TABA;I ILL { 111 w0 A A y 5 S Dv D b 0 M p� yow ypt � e 610 11 I � y } . y 301 y 1 ^ �' F . r.rr �,• I SOH' 2 p yp -! � lAA Exl�lbl� AA 2 I I :l l 11 I f'1m >" 9 < FLATHEAD REGIONAL DEVELOPMENT OFFICE ZONING REPORT #KZ-84-01 "MERIDIAN ADDITION" ZONING A report for the Kalispell City Zoning Commission meeting February 14, 1984. A proposed amendment to the Official Zoning Map of the City of Kalispell. BASIS FOR CONSIDERATION Meridian Addition has been zoned No. 2, Residencial District, since 1947. When the new ordiance was adopted in 1979, this area was not rezoned to com- ply due to a number of conflicting uses and diferences of opinion on how to most appropriately rezone this addition. The Kalispell City Council has suggested that a re-evaluation and recommendation be made by the Zoning Com- mission with the recommendations of the Flathead Regional Development Office (See attached letter from Mayor McDowell, dated November 17, 1983, Exhibit "A"). EXISTING ZONING At present, this is a No. 2, Residential District zoning classification on - the properties described as Meridian Addition (Reference "Old City Zoning Ordinances"). See Exhibit "B". Surrounding Zoning is as follows: South: R-5 (Residential) single family & duplex zone (� East: RA-2 (Residential -Apartment) multi -family and P-1 (Public) .North: Unzoned (County) West: Unzoned (County) LAND USE CHARACTER OF THE AREA Properties surrounding the Meridian addition are used as follows: South: Residential with a few home occupations West: Railroad spun line and idle lumber mill North: Residential and Christmas tree yard East: Army reserve Center and elementary school Properties within the Meridian Addition include residential, commercial and industrial uses. Approximately one third of all the lots are vacant. PREVIOUS ZONING RECOMMENDATIONS The zoning of the subject area was previously considered in June 1980, and the recommendations were made as follows: 1 2 That Lots 1, 2, 3 of Block 1, and Lots 1, 2, 3 of Block 2, be zoned B-3; the balance of Blocks 1 and 2 be zoned I-1. See Exhibit "C" - 1, 2. This recommendation was presented to the Kalispell Zoning Com- mission on June 10, 1980 by the Flathead Regional Development Office. That all of Block 1 be zoned I-1, and all of Block 2 be zoned RA-2. This recommendation was adopted by the Kalispell City Zoning Commission on June 10, 1980, and submitted to the Kalispell City Council. Note that all lots in this development would be non -farming in terms of lot area in the RA-2 zone. The City Council did not take any action as it is ati a;ls dr: i r.b been recommended fur this area: Residential Apartment RA-2 A residential apartment district to provide areas for multi -family use and compatible non-residential. uses of medium land use intensity. It should be closely associated with primary intensity generators. This district may be applied within the planning area, but requires thoroughfare access and all public facilities. General Business B-3 A business district to provide areas for those retail sales and service func- tions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by major repair of motor vehicles, and by outdoor coniinercial amusement and recreational activities. This district would also serve the general needs of the trourist and traveler. This district depends on proximity to major streets and arterials. This dis- trict should be located in business corridors or in islands. Industrial, Light I-1 An industrial district to provide areas for light industrial uses that typi= tally do not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.) which extend beyond the lot lines. Such light in- dustrial uses would include light manufacturing, processing, fabrication and assembling of products or materials, warehousing and storage and transporta- tion facilities. It is also intended that the encroachment of non -industrial uses within the district be prevented. f ANALYSIS OF EXISTING LAND USES The following is a lot by lot inventory of existing uses compared to the List of permitted uses of the recommended zones: Block # Lot # Use 1-1 B-3 RA-2 Notes 1 1 Residence No No Yes also R-4, R-5 2 Retail/Wholesale Yes Yes No. 3 Auto Repair Yes Yes No 4 Residence No No Yes also R-4, R-5 5,6 Vacant Yes Yes No- -lot size 7,13 Access Yes Yes Yes 8,9 Junk Yard Yes* No No -conditional use 10,11,12 Retail/Wholesale Yes Yes No 14 Vacant Yes Yes No^ ';lot size 15,16 Office & Parking Yes Yes No office for lumber mill 2 1 House/Conan. Bldg. No/Yes No/Yes Yes/No 2,3 Residence No No Yes also R-4, R-5 4,5,6,�7 Welding Shop Yes No No '7 Vacant Yes Yes No* -lot size 8 A9 Residence No No Yes also R-4, R-5 1 of 9-12 Residence No No Yes also R-4, R-5 2 of 9-12 Residence No No Yes also R-4, R-5 13,14 Vacant Yes Yes No-' '-lot size 15 Vacant Yes Yes No-1 lot size 21 y s_ 15 yrs. 11 yrs. 10 No 16 No 20 No Property Ownership Inventory of "Meridian Addition" based on December, 1983 tax records: • Block 1 (North Side) Lot #1; Alvin R & Melba C. Armoux 130 Meridian Road (home) Kalispell, Mt. Lot 2, 3, 8 & 9; Wallace A. Getz 140 Meridian Road Box 198 Kalispell, Mt. (2 business lots, 2 junkyard lots) Lot 4, 5 & 6; Wayne & Elaine Moothart 1221 2nd Street West Kalispell, Mt. (home & 2 vacant lots) Lots 7 & 13; G. R. Kirk Co. Box 340 Puyallup, Washington 98371 (access to other properties -vacant) Block 2 (South Side) Lot #1; Larry 0. Lee, Robert E. E. Stephens, Charlie Verron 202 Meridian Road Box 1074 Kalispell, Mt. (vacant house and vacant business building) Lot 2 & 3; James C. & Kazerko Aho 212 Merdian Road (home) Kalispell, Mt. Lots 4, 5, 6 & Ez7; Wallace A. Getz 1224 2nd Street W. Kalispell, Mt. (welding shop) Lot Wz7; Elmer A & Irene A. Olson 1300 2nd Street W. Kalispell, Mt. (vacant) Lots 10, 11 & 12; Cedra Properties, Inc. Lots 8 & E�9; Elmer A. & 1317 2nd Street W. Ir.ene A. Olson Box 35917 c/o Robert Lilenthal Los Angeles, Ca. 90035 1300 2nd Street W. (home) (consolidated elect.) Kalispell, Mt. Lot 14; Lawrence E. O'Neil c/o Marilyn Bain 607 Sylvan Court Kalispell, Mt. (vacant) Lots 15 & 16; Montana Forest Products Box 1039 Kalispell, Mt. (1 office/vacant) Lot 1 of 9-12; Jeffrey C. & Janell J. Houston 1324 2nd Street W. (home) Kalispell, Mt. Lots 2 of 9-12; Charles L. & Irene T. Houston 1314 2nd Street W. (home) Kalispell, Mt. Lots 13 & 14; Montana Forest Products Box 1039 Kalispell, Mt. (2 vacant lots) Lot 15; Charles H Trustee 1854 Rhodes Draw Kalispell, Mt. (vacant) & Wynonna O'Niel, The preceding inventories indicate that existing _uses are almost equally divided with; 7 residential units; 4 industrial or business uses, and 2 bus- iness uses - 6� vacant lots, and 2 lots which are used as access to indus- trial uses. - 3 - Ownerships present 113, residential lots, 7� business or industrial lots, and 12 industrial lots. (See Exhibit "D") The patterns that these combinations present are awkward to catalog for con- venient zoning applications without creating non -conforming uses, or limiting future development potentials. The follwing evaluation is based on previous recommendation ##1 which calls for I-1 and B-3 zoning. ZONING TEST CRITERIA 1. ARE THE NEW ZONES IN ACCORDANCE WITH THE COMPREHENSIVE PLAN? The Kalispell Comprehe-nsive Plan shows the area between the railroad right-of-way and Meridian Road as "Urban Residential." The area immed- iately west of the railroad is "industrial." (See item (ii) of attached Exhibit "C"-1, 2 and Exhibit "E") 2. ARE THE NEW ZONES DESIGNED TO LESSON CONGESTION IN THE STREETS? No, the new zones recognize the existing traffic pattern to, from and within the area. 3. WILL THE NEW ZONES SECURE SAFETY FROM FIRE, PANIC & OTHER DANGERS? The new zones will impose height, bulk and dimentional requirements which are not presently in effect. Secondly, following application of zoning, all new structures in I or B districts would be forced to comply with buffering requirements, adjacent to R or RA districts. 4. WILL THE NEW ZONES PROMOTE THE HEALTH & GENERAL WELFARE? The zoning will establish permitted land uses, protect the land values for existing conforming uses, and promote the development of presently vacant land. 5. WILL THE NEW ZONES PROVIDE ADEQUATE LIGHT AND AIR? The zoning ordinance provides for height, bulk, dimentional, and buffer areas when required, for adjacent residential zones. These considera- tions will provide adequate light and air. 6. WILL THE NEW ZONES PREVENT OVERCROWDING OF LAND? The requirement of the zones will impose limitations on the land which exceed present codes. Although the new zones allow for more intensive lot coverage than adjacent ones, it does impose requirements to buffer those adjacent zones. 7. WILL THE NEW ZONES AVOID UNDUE CONCENTRATION OF POPULATION? The nature of the zones are such that uses will deter concentrations of population in the area. B. WILL THE REQUESTED ZONE FACILITATE THE ADEQUATE PROVISION OF TRANSPOR- TATION, WATER, SEWERAGE, SCHOOLS, PARKS AND OTHER PUBLIC IMPROVEMENTS? - 4 - Transportation access is by way of 2nd Street West, Meridian Road to U. S. Highway #2. Meridian Road and U. S. Highway 2 are on the "Urban `. System" for funding purposes. All other public facilities are in place. 9. DOES THE NEW ZONING GIVE CONSIDERATION TO THE CHARACTER OF THE AREA? The new zoning recognizes existing land uses, both within and adjacent to the area as well as the historic zoning of the area. 10. DOES THE NEW ZONING GIVE CONSIDERATION TO PARTICULAR SUITABILITY OF THE PROPERTY FOR PARTICULAR USE? The new zoning addresses the location of the area in terms of develop- ment potentials. 11. IS THE ZONING RECOMMENDED WITH A VIEW TO CONSERVE THE VALUE OF BUILD- INGS? As inventoried, 47% of the buildings in the area will become conforming uses, while 67% of the land area in the area will be usable in a com- patible manner with majority ownership. Fifty three (53%) of the structures within the area will be non -conforming uses, and these are presently residential and involve 33% of the land area. 12. WILL THE NEW ZONE ENCOURAGE THE MOST APPROPRIATE USE OF LAND THROUGH OUT THE MUNICIPALITY? i� The new zones will provide the appropriate zoning for uses which have located there for functional locational reasons. Changes in the zoning, patterns have created a need for additional areas within the City to be zoned B-3 and I-1. RECOMMENDATION Two options are offered for consideration: Option 1 Based on the above stated evaluation, a recommendation for B-3 (General Bus- iness) for Lots 1, 2 & 3 of Blocks 1 & 2, and I-1 (Light Industrial) for Lots 4-16 of Block 1, and 4-15 of Block 2, Meridian Addition is offered. (Ref: Attached Exhibit "C"). ALTERNATIVE OPTION As an alternative approach, the following is suggested as proposed zoning (See Exhibit C-3). Lots - Block Proposed Zoning 1, 2, 3 1 B-3 1, 2, 3, W'7, 9 thru 15 2 R-5 •Lots 4 thru 16 1 I-1 Lots 4, 5, 6 and E'7 2 I1 The comparative advantage of this alternative is that it will provide a great- er proporation (76 percent) of existing structures to be conforming use. The comparative disadvantage of this alternative is that it will result in a residential zone on one side and industrial zone on the other side of 2nd Street. The location of non -compatible uses on opposite sides of a street is undesirable because of environmental, aesthetic, and traffic reasons. Further, a portion of the residential zone (R-5) will be adjoining industrial zone (I-1) on the side which is undesirable. Usually the zone classifications should change along the rear of the lots. • I F+' .Fnii�i�•'•^p^Jk .l+.. J. LeRoy E. McDowell' J�''+ ill Ike r° P.O. Box 2035 MJyoJ .._ v +. 1' ZIP 599or1035 � Telephone (406) 255-5457 T HE CITY O F K A L I S P E L L, M O N T A N A November 17, 1983 Mr. Nakul Verma Flathead Regional Development Office 723 Fifth Avenue East Office #412 Kalispell, MT 59901 - Dear Nick: In reviewing the zoning situation of Meridian Addition, it is the opinion of the Council to �— have an update done by the 'Zoning Commission. There have been changes in city government since 1980, I would also like the recommenda- tions of the Regional Development Office staff. Sincerely, t'Le�o r~L. Mcbo ell L Y l, Mayor LEM:ms ",Vacation City" ; 68 1 J 411 IL 1 II I„I H B3 5 b � 309.1 , 6 •I ''-WEISSNANS I� I. ADD. NO 48 II' r ,DY 1� 6 P Pttt BS u`„^D` I 5. PAI A Not F 1 i l 1 II It IS II II } { S ♦ t . I �II I! II 1/11 I t 3 tl I FOURTH C • � �cisriv6 too P It II J/ 5 S y y 5 D D nlo)boo a� 1+� L d7 u P D t SH B ♦ A � , U ,Ov D „ h 5 p �y 5D3 t Y 30N` 49 3 1.4 r S �0 b 1 I � 6 I D I r dd� r lil .11� _ L tY g 3 Z30 IA 111,q O IBi"WEISSMAN..- A 00, NO 48 �.,.1 ^��'•�f 1 QUITE I ' N / MERID14N .1' —Aw �Vli/✓r/ili�� I } "� 11 .� RAI,/V/njs t„ IC11.Ii, A! iili '7 b e SECOND 1 9T W. -�- COniOrmine� �1 �i T u, H u i t u I a i E l.a . r3..,/d,��3--------, le la 1711 II <II T/ S a 7 tf I 1 p}t'w ABt 1 `a rT ST. I'M 1 T I - V I i .�ON/NCo 7!�✓srRicT �J�P Ex ' "C hlb, I I � H y y0 IS It a 7 1 e a t y n hD p D 6 ]- I y o ypY Q � p a !7 D p S ,t nu l e s cl a i l y y y o D e � � FOURTM ST. W. cT yD+ily " 17 It II q 9 / i l e a 1 b 55 y 0 y°JB 6 t y O O y r 1 Imo' p001 M1 A A 0 I b t }} TABAB •.I . 5 y D D v bOY� Ow} O t t to y°� K e E1 D 1 0 0 I 1 SOB - r y RI S -I 7 RK(rl n m D IIiTFR m QV£, Flathead Regional Development Office Advisory Techntcal Staff ✓ Forrest Daley City Council Member City Hall Kalispell, MT 59901 Dear Mr. Daley: 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 755-5300 Ext 279 __.-- June. 9,_1980. Upon your request, I have reviewed the zoning situation of Meridian Addition. After careful evaluation, it is my recommendation that the portion between the railroad tracts and the alley be zoned as Industrial_(I-1) and thereon. up to Meridian Road be zoned as Business (B-3). I am basing my recommendaitU upon the following considerations; (i) The existing development in the Meridian Addition is pre— dominently industrial—commerial. Approximately 80 percent of the lots in this Addition are either under industrial — commercial usage or are owned by such enterprises with the (� intent of using them for industrial or commercial purposes. The adoption of recommended zoning for the area will make the majority of existing usage as conforming uses. (ii) This addition and areas north and west of it will meet the locational criteria for industrial —commercial development. Such criteria are convenient regional accessibility by railroad and highway, and economical availability of land for future expansion. Desired regional accessibility is provided by BN Railroad, U.S. Highway #2 and Meridian Road. Being located on the outskirts of the community, land is easily available for future expansions. Consequently, Meridian Addition is predonimently comprised of industrial —commercial land uses. All the vacant lots in this addition are owned by these enterprises for future expansion of their industries or businesses. (iti) Due to the proximity to the railroad and an existing heavy industry (Forest Products), and existence of a large number of industries and bussinesses within, the Meridian Addition does not possess the desired residential environment. Consequently, industrial and commercial uses have continuously developed in the Meridian Addition, inspite of it originally being zoned residential (No. 2). (iv) Many of the industries and businesses are in the Meridian Addition because of the variances granted to them. By granting these variances, the Board of Adjustments obviously recognized the non -suitability of this area for residential use and considered it a hardship on property owners to have residential development in an area which has better potential _ - and environment for.industrial-commercial development than residential development. (v) The adopted Kalispell Comprehensive Plan recommends three major locations for industrial land use along the BN Railroad through the City. One of these general locations is the western vicinity of the city. Meridian Addition is contiguous with the industrial area recommended in this western vicinity. Therefore, industrial zoning for this addition is within the framework of the adopted Comprehensive Plan. (The plan is a "guide" providing general locations but not the boundaries for different types of land uses.) . (vi) Business zone (B-3).is recommended for the portion of the Meridian Addition between -the north -south alley and Meridian Road. This will provide the desired buffer between industrial and residential area and will discourage the eastward expansion of industry in residential areas. This proposed business zone will not directly front any housing and should not have any significantadverse effect. The entire portion, for which the business zone is recommended, is already under business use and therefore, no change will,occure as far as on -site development is.concerned.. .(vii) Kalispell City -County Planning Board has previously recommended "Industrial" zoning for Meridian Addition, thereby, recognizing that this location is more suited for industrial development than residential. Attached are graphic presentations pertaining to the above evaluation and recommendations. In case you may have any questions, please call me. Sincerely, Nakul S. Verma Planning Director cc: Mayor Norma Napp ,A'nn Smith, Kalispell City -County Planning Board Chairman • Norbert Donahue, City Attorney l Ent: 4 C- Z 4B'S AD I 1 NO 45 D!, �3 ctly `I�`ys Iq i 1 I I 1 1 C ,ZOW1416 L7ismyr �,2aPas� d ©PrioN # 2 1 L II u B3I� �j 309.1 1°6 1 SHANS ADD. NO -48 � .rt aar i �r u 5.00 I pf>faP°S`N n OU 503 soa- Flis *®] I A {. Y 0ty +15 i• 11L, 0 1B o a r � a ° e c I y1 Scan' � �_� yam' �•/' ' ME R IDII1}N oADDIROAl `' I. B 3 I� li ly6 x0•.I � fEUF P?7 m•r+bv� ,� � r I P'r rar;mi`� .�� • 1 l ' ©ova AS,#M 131veis- f uses I� WEISSNANS 13 ADO. NO 413 i B sms am M T 4y.OD. 1' s . OPa 5/eP b 1 . vE1EP50iH n0T S po♦ PPTP x y 5 yp+l o D 9 e ex eb � ► y o o °J� s J P p x 6 6. t ` b O'1� Os S ypJB s too +P: A e c ' s 6 0.`0 0 So, SOR` 5 T* b - IT 1 1I'►"-I fll�n a�� e -A.° /'000. Z Q Q-j- � W� a ::) Q W wtA N Q i—• w (A J V1 N Q .J �ZLUZ'� VQ as jw , QLU �- =) 0 w � co co LLJ co w axaN0a.a0z a912 .... oo hi �jc 4 {s{s 00 U 00 if IV Z' 00 00 Cl —II S'rl� T r I _ DI w I �o 0 Flathead Regional Development Office Advisory Technical Staff April 12, 1984 Mayor and City Council City of Kalispell P. 0. Box 1035 Kalispell, MT 59903-1035 Re: Northwest Horizons Addition No. 160 F.R.D.O. Report #KA-84-03 Honorable Mayor and Council: 723 5th Avenue East - Room 412 Kalispell, Montana 59901 Phone: (406) 755-5300 Ext. 279 The Kalispell City -County Planning Board at its regular meeting on April 10, 1984, considered the following request from Flathead Health Center, Inc.; Annexation of Northwest Horizons Addition No. 160 to the City of Kalispell. A 4.182 acre tract described as portions of Assessors Tracts 6E and 6D1 in Government Lot 14 (SEI/4, SW1/4) Section 6, T28N, R21W, P.M.M. Flathead County. More generally located be- tween Kalispell Regional Hospital and City Reservoir No. 2. Attached herewith are documents pertaining to the request as to size, location and F.R.D.O. report for your reference. After careful evaluation and following discussion held April 10, 1984, the Board resolved to recommend; Approval of Northwest Horizons Addition No. 160 with the following conditions; That the remainder of Assessors Tracts 6D1 and 6E (described as Tract 2 - Certificate of Survey No. 7497) be annexed in addition to the requested property. 2. That new easements be provided as follows: a. 40-42.98 foot water and sewer line easements be provided along the easterly boundary of the present Tract 6E, (affects both Tracts 2 and 3 of Certificate of Survey No. 7497) and, b. A 60 foot road, water, sewer, and utility easement be provided along the south boundary of Tracts 6D1 and 6E, (affects a portion of Tract 3 of Certificate of Survey No. 7497) and would connect Bountiful Drive with Buffalo Hill Drive. • Flathead County • City of Columbia Falls • City of Kalispell 0 City of Whitefish 0 V' • Mayor and City Council City of Kalispell April 12, 1984 Page 2 3. Prior to construction or installation of utilities, the Fire Chief approves water supply, hydrant replacement and access, and other fire protection items. This recommendation and attached documents are herewith forwarded to your Council for further consideration, public hearing and action. If you have any questions, please feel free to contact this Board or the Flathead Regional Development Office. Respectfully submitted, KALISPELL CITY -COUNTY PLANNING BOARD /ich Kathleen Ju President • Attachment: Application F.R.D.O. Report cc: Flathead Health Center, Inc. Eugene G. Johnson, President/Administrator Kalispell Regional Hospital 310 Sunny View Lane Kalispell, Montana 59901 Flathead Land Consultants James H. Burton P. 0. Box 572 Kalispell, Montana 59903-0572 City Clerk Chairman Annexation Committee Director of Public Works City Attorney u • 18 Flathead Regional Development Office Advisory Technical Staff April 12, 1984 Mayor and City Council City of Kalispell P. 0. Box 1035 Kalispell, MT 59903-1035 Re: Northwest Horizons Addition Zoning F.R.D.O. Report #KA-84-03 Honorable Mayor and Council: 723 5th Avenue East - Room 412 Kalispell, Montana 59901 Phone: (406) 755-5300 Ext. 279 The Kalispell City Zoning Commission at its regular meeting on April 10, 1984, considered the following request from Flathead Health Center-' inc.; A zoning classification of RA-2 (Residential Apartment) for Northern Horizons Addition No. 160. Attached herewith are documents pertaining to the request for your refer- ence. After careful evaluation and following discussion held April 10, 1984, the Commission resolved to recommend; Approval of the requested RA-2 zoning classification for Northwest Horizons Addition No. 160. This recommendation and attached documents are herewith submitted to your Council for further consideration, public hearing, and action. If you have any questions, please feel free to contact this commission or the Flathead Regional Development Office. Respectfully submitted, KALISPELL ZONI G COMMISSION Chuck Manning Vice President CM/dl Attachments • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Mayor and City Council • City of Kalispell April 12, 1984 Page 2 cc: Flathead Health Center, Inc. Eugene G. Johnson, President/Administrator Kalispell Regional Hospital 310 Sunnyview Lane Kalispell, MT 59901 Flathead Land Consultants James H. Burton P. 0. Box 572 Kalispell, MT 59903-0572 City Clerk Chairman Annexation Committee Director of Public Works --- City Attorney L J 40 FLATHEAD REGIONAL DEVELOPMENT OFFICE ANNEXATION REPORT #KA-84-03 NORTHWEST HORIZONS ADDITION NO. 160 to KALISPELL A report for the Kalispell City -County Planning Board and Kalispell City Zoning Commission meeting April 10, 1984. This report meets a portion of the annexation requirments under Section 7-2-4701 et. seq., M.C.A. 1978 as amended. PART I - ANNEXATION A. GENERAL CONSIDERATIONS 1. Owner: Flathead Health Center, Inc. Eugene G. Johnson, President/Administrator Kalispell Regional Hospital 310 Sunny View Lane Kalispell, Montana 59901 2. Surveyor: Flathead Land Consultants James H. Burton P. 0. Box 572 Kalispell, Montana 59903-0572 3. Location: Between Kalispell Regional Hospital and City Reservoir No. 2 south of Sunnyview Lane. Property described as portions of Assessors Tracts 6E and 6DI in Government Lot 14 (SE'k, SW'k) Section 6, T28N, R21W, P.M.M., Flathead County. (See Exhibit "B"). 4. Size: 1 Lot/4.182 acres 5. Zoning: The subject parcel is not zoned. Adjacent zoning is RA-2 (Residential Apartment) to the west and south, R-4 (Residential) to the east and south- east. RA-1 zoning is requested in Part II of this report. 6. Services: All City services are available in the vicinity and may be extended to serve the site. City water and sewer lines presently traverse portions of the site. The property is presently located in the West Valley Fire District. "Notice of Change of District Boundary" forms must be signed and recorded with final annexation proceedings. City fire and police protection services will be extended upon annexation. See comments from the City Fire Chief and the "Memorandum" to Ken Hammer, Director of Public Works, attached. (Exhibit "C" & "E"). Electr, telephone and gas services are avail- able in talo Hill Drive, Bountiful Drive and Clairmo:,� otreet. The purpose of the annexation is to locate an extended care health facility which is a conditional use in the RA-1, RA-2 and RA-3 zones. B. COMPLIANCE WITH THE COMPREHENSIVE PLAN This site is located'in an area designated for "High Density Urban" devel- opment in the Kalispell Comprehensive Development Plan. Therefore the annexation of this property is in compliance with the Comprehensive Plan. C. ` COMMENTS 0 I. This annexation will leave two "islands" of County land within the City. Kalispell Reservoir No. 2 (Tract 6B) is now in the process of being annexed into the City. The remainder of Tracts 6DI and 6E, which are owned by the petitioner, will leave 2.881 acres of land in the County. (See Exhibit "D"). 2. It appears that easements for City water and sewer lines across portions of the subject property do not accommodate the exact locations of said water and sewer lines. New easement rights -of -way should be negotiated with the City to provide adequate maintenance of utility lines. (See Exhibit "C-3). 3. Bountiful Drive and Buffalo Hill Drive are streets which "dead-end" at or adjacent to the subject property. This condition, when considered along with the location of City utility easements and the dimension of lot frontages on these rights -of -way, presents an apportunity to create a loop street across the south 60 feet of the subject property to connect Bountiful and Buffalo Hill Drives. (See Exhibit C-3). 4. Access concerns of the Fire Chief have also been addressed on Certi- ficate of Survey #7497, which provides a 60 foot access and utility easement to the subject property across the hospital property to Clair- . most Street/Conway Drive. RECOMMENDATION Approval of the requested Northwest Horizons Addition No. 160 is recommended with the following conditions: 1. That the remainder of Assessors Tracts 6DI and 6E (described as Tract 2 - Certificate of Survey No. 7497) be annexed in addition to the requested property. 2. That new easements be provided as follows: a. 40-42.98 foot water and sewer line easements be provided along the easterly boundary of the present Tract 6E, (affects both Tracts 2 and 3 of Certificate of Survey No. 7497) and, - 2 - b. A 60 foot road, water, .er, and utility easement be provided along the south bounda Of Tracts 6DI & 6E, (affects a portion of Tract 3 of Certifi of Survey No. 7497) and would connect Bountiful Drive with Li ,lo Hill Drive. 3. Prior to construction or installation of utilities, the Fire Chief approves water supply, hydrant replacement and access, and other fire protection items. PART II - ZONING A. ZONING REQUEST Flathead Health Center, Inc. has requested RA-2 (Residential -Apartment) zoning for the property described in Part I above in accordance with the City of Kalispell Zoning Ordinance. As noted in Part 1, this request is in conformance with the Kalispell Comprehensive Development Plan. The subject property is contiguous.with an existing RA-2 zone. B. RECOMMENDATION Approval of the requested RA-2 zone is recommended for the Northwest Horizon Addition No. 160. i 0 Attachments: Exhibit "A" - Letter of Request (2 pages) Exhibit "B" - Vicinity Map Exhibit "C" - Memo to Department of Public Works (3 pages) Exhibit "D" - Certificate of Survey No. 7497 Exhibit "E" - Memo from the City Fire Chief Exhibit "F" - Site Plan - 3 - 61 KALISPELrfllkhkk "HOSPITAL ALAZlUE44dNYANA59901 OF_VE[WPNkAW' w February 29, 1984 Mr. Jim Mohn Regional Development Office 723 Fifth Avenue East Kalispell, Montana 59901 RE: Annexation Application Dear Mr. Mohn: _ I, Eugene G. Johnson, President of Flathead Health Center, Inc., do hereby request a hearing for annexation purposes regarding the 4.182 acre parcel which lies East -Southeast of the existing hospital. An extended health care facility is proposed for the site. The zoning classification requested is RA2. Enclosed in a previous communication was the property boundary description, vicinity map, and title report. Enclosed with this letter is a check for $100.00 to cover the application fee. Thank you for your attention to this matter. Sincerely, . GL EUGE G. J NSON President/Administrator EGJ:bgs Enclosure: 1 LeRoy E. McDowell Mayor P.O. Box 1035 ZIP 59901-1035 Telephone (4o6) 755 5457 THE CITY OF K A L I S P E L L, MONTANA M E M O R A N D U M DATE: March 7, 1984 TO: Ken Hammer, Director of Public Works FROM: Fred Zavodny 5,`1,,, SUBJECT: Northwest Horizons Addition #160 The following comments are offered on the proposed Northwest Horizons Annexation. - 1. The"PROPERTY BOUNDARY DESCRIPTION" as received from FRDO is incorrect. Two courses have been deleted from this description. The correct legal description appears on the Annexation Plat. The "PROPERTY BOUNDARY DESCRIPTION" received from FRDO should not be used for any purpose un- til it is corrected. 2. The City of Kalispell has the following easements within the proposed Northwest Horizons Annexation property: (A) Easement recorded in Book 602, Page 213 grants the City of Kalispell the right to install and maintain sewer and water lines within the easterly 36 feet of the Northwest Horizons property. Field measure- ments and available drawings of record indicate the City's 12 inch water main to be on the extreme west- erly limits of said easement or slightly west or out of the easement. This easement appears to supersede easements recorded in Book 443, Page 628 and Book 554, Page 879, granted to the City by the prior own- ers of the Northwest Horizons property. (B) Easement described in Book 659, Page 717 grants the City of Kalispell an easement over and across the southerly 10 feet of the Northwest Horizons property. Field measurements and available drawings of record indicate the City's 16 inch water main extends 20 feet into Northwest Horizons property. As such, the City's 16 inch water main encroaches 10 feet into "Vacation City" t Memorandum Ken Hammer, DPW March 7, 1984 Page 2 Northwest Horizons p _rty beyond the limits of said easement. 3. Bountiful Drive and Claremont Street south of Bountiful Drive to the southerly line of the SEk, SA of Section 6, T28N, R21W, P.M.M., is not within the city limits of Kalispell. This roadway was deeded to Flathead County in 1958. It is described in Book 399, Pages 575 to 577 re- cords of Flathead County, Montana. The City should con- sider annexing this roadway as a component of the North- west Horizons Annexation or by mutual agreement with Flat- head County. 4. It may be advantageous for the City to obtain a right-of- way connecting Bountiful Drive with Buffalo Hill Drive. This right-of-way could be in the form of a dedication or easement and should be shown on the Annexation Plat_. The width of said dedication or easement should be no Iess than 20 feet and should be contiguous and parallel to the southerly boundary of the Northwest Horizons property. This 20'dedication or easement would correct the 10 foot water main encroachment onto Northwest Horizons property discussed earlier. 5. There is a section of the Ci.ty's sanitary sewer system in the SE corner of the Northwest Horizons property that is not within an easement. An easement should be granted to the City for this section of sanitary sewer. This easement should be shown on the Annexation Plat.. C� SE � SWIA 6128 21 GVT LOT, 14 SUNNYVIEW LANE DRIVE I I 6 E ! V. LU LU En WAY a 7 6EC 6E4 �vu 1 4; 6ce 13OUNTIFUL DRIVE lxI 4'R 2 LL 60 LL 1 3 Jl OP SUN11Y VIEW LANE N89°25'07"E 679 . CON. GOVF. TRUE POINT OF BEGINNIWI r 14 &ICATE OF LOCATED IN 11.S, GOVLRNMEMP-IOT 14 IN SECTION 6. T28H,-P21V.. PH, M,' FLITIIEAD I A)' _ N69°26'h6'•E 336.hol T R A C T 1 r 3.754 ACRES THVE o _,_ 969°53'b 9'v 925:86• � o n COPAY DRIVE - m 39°49'h9'v 362.97' 3n' HfOH1AND PARK PROFESSIONAL ADDITION y u .1 t EAsI. . 1 /ON" 1 ! m 1 c T R A C T 2. 2.881 ACHES h f INf u DP UEGINNTRG ,4 > ,�T S `y T°• 1 S Uv p Fba a ________ —___o $ N SC9 �12'45 39,00' 0 o v z 95.45' 9°12'p5"W DW NffFUL T6 CT 7. A5 ' bI 589°4112811W .3110.60 EA3I9 OF HEARING N86 sh'24 a I= 2 HIGHLAND PARE FIRST - ° qq' ykj ADDITION - a. L, 4 CERTIFICATE. OF WWII I HEREBYCEPTIFY' THAT THR PPRI BOUNDARY LINE DHTWEEN ADJOINING R OPERTIU. AND 4O .. THIS DIVISION OF IA,ND 15 EXEMPT MON REVS EW AS SN. STATE OF. 1 w4m 1 CUUYTY OF FLATHEADAl ON THIS —_ DAY OP . 198i�1 EEPplg N2, OF NOWANA, PERSONALLY APPE2on EU04N8 Q. jdul:9QN. F THE PERSON WHOSE NAME IS SS$8C82SED TO TOR YlTllla:It EXECUTED THE SAME. I N WITNESS WHER60F. I. HAVE NEREUNPO SET, MY. H.1NO- AND ABOVE WRITTEN. / .,+•' 1j {;. KALISPELL FIR' DEPARTMENT 336 1st a East P.O.: ,;35 KALISPELL, to :':.NA 59901 F.; � �5. GENE DOTY DUA1tc ..JN — ,f ROGER BOWMAN CXI[F ASSIST, uEf E.r lw�'�� �_,;/ FIFE M1Ff X'l MAR 15 1°0 TO: Naku1 S. Verma �3 Planning Director � }, FLATMe'.f l^ ('� FROM: Gene Doty Fire Chief - SUBJECT: Northwest Horizons Addition No. 160 to City of Kalispell (KA-89-03) I U Il,ili�lllll'I� Afflowor Y ANNEXATION COMMITTEE MEETING OF APRIL 13, 1984 • Present: Chuck Manning, Chairman -Councilman Paul Palmer, Councilman Pat Springer, Councilman Glen Neier, City Attorney Ken Hammer, Director of Public Works Alan Petersen, Building Official Bill Astle, Local ,Attorney Call to Order. - Chairman Manning called the meeting to order at 4:00 P.M. Manning stated the first matterfordiscussion was the recommended resolution from Mr. Astle regarding the problem outside the City limits. Astle Presen- Astle stated he had had a couple of clients involved in the no -mans tation. land area outside the City limits within the .three and a half mile jurisdictional boundry. Astle stated he had attended a City -County Planning Board meeting and again listened to the whole mesh mash of Nick Verma trying to talk about adapting the Master Plan fo Zoning. Since the Mall decision, Astle stated, he had been back and forth on a few cases with the County Attorney's office and has felt that potentially the City could be exposed to a liability. Astle felt that one more time he would make a proposition to the City and what he came up with (after his review of the Mall decision) he is taking the • position that it is discretionary under the City Building Code whether you have to mandate upon yourselves to follow other laws and ordin- ances, that is the code provision of it. The City is in its right in enforcing that provision of the Building Code and why not shift it to the County. Also in the Mall decision, the Supreme Court was very irritated with the fact the County stopped the City by zoning that three mile area and the only way they zoned itwasplacing their procedural regulations on it to stop the City from effectively pro- tecting their border, other than the Building Code. Astle stated he thought to have a proposal that would shift that burden to the County and to be very honest Astle said he felt the County wouldn't do anything to stop us. The very basis of the Mall decision is Section 303, and Jim Kimball of the Building Codes Division says that can be amended because it was not substative, it had nothing to do with building. Astle stated what he would like to see the City do is once and for all, is say we've learned, we are out there for build- ing purposes only, you've ham -strung us on zoning and we are going to issue the building permit unless you Sanitation, or you Flood Plain, or you County stop us, tell us you wish us not to issue it. What it boils down to, the City is enforcing the Comprehensive Plan and no one else is. Maybe the County will pull out of that zoning area and Astle stated he felt that was where the City should be, zoning that area. What this resolution does is put the ball in the County's court. iscussion. Manning asked if the 10 day time period was realistic. Astle stated he felt that it was. Manning asked Glen Neier what his reaction was in regard to the resolution. Neier stated that Astle's resolution has been offered and actually what it does,i£ Petersen gets an application for a building permit that is outside the City limit, he submits a written request to Flathead County, in one case its the Zoning Administrator, or the Flood Plain Administrator or County Sanitarian saying he has received this application andis requesting comment on it, that they approve or not approve or not say anything about this application. As it has to go with the specific question we are dealing with now, Peter- sen would send it to the Flathead County Zoning Administrator to find out if they had any objections to it under Flathead County Comprehensive Plan or under Zoning Regulations. It give5them 10 days to object, if they don't say anything, Petersen issues the permit. Neier stated he had some problems with the resolution, in the Little case as decided in the Supreme Court that we talk about all the time, we talk about Comprehensive Planning, good or bad. The problem as Neier sees it is the resolution is putting the City back in the position it was in pre -Little. It is the exact same position the City held before Little went to court. The Plaintiff named the City as Defendent because the City has jurisdictilon over the issues of Building Permits. The City argued (this was at the trial) that it had the duty to continue processing the permit appli- cations because the Cameron Tract was unzoned and therefore not in violation of any zoning laws out there. The City -County Master Plan has been adopted by both the City and County. The County adopted • it in 1978, Resolution 291. The City adopted a Master Plan for that area in 1970. The County has also adopted certain Comprehensive Zoning Regulations that apply in the County and in the City -County jurisdiction-.boundaries.0ur position has always been that by the County adopting those, and State Law points it out, effectively prevents us from zoning extra-territorilly. The problem with the resolution is, it takes the City out of making any determination as to what is included or not included under that Comprehensive Plan. We no longer have any control over what is built out there in terms of land use. Astle stated we are using the Building Department to enforce zoning regulations. _ Neier stated we are using it to enforce the Comprehensive Plan, if it doesn't conform to the Comprehensive Plan, we won't let them build it. Astle stated the regulations for the Flathead County Comprehensive Plan uniquely are only adopted in the jurisdiction outside the City - limits, and that was an obvious underhanded move by the County. The only other place in the County is where they do adopt a zoning catagory. They have blocked you from.zoning. Rstle stated he brought to the County's attention what is called a Location and Zoning Conformance Permit, its under Chapter 604. Every building in the County should have a Location and Conformance Per sit, that is • in what the County has adopted. This entire document applies in that three mile area. The County contends that is only zoned areas. -2- However, if you apply the Mall Decision that we are all stuck with, it says in the absence of zoning the Master Plan is like zoning. . Palmer asked if there was a reason Astle didn't reference this in the resolution. Astle stated he did at first but changed it so that it would not appear they were picking on zoning in particular, why not point out other problems as well. The real problem with the Comprehensive Plan is the way its interpreted by Nick Verma, trying to fit the square peg in the round hole of zoning. Astle stated that at the last Planning Board meeting he attended it was obvious that three of Verma's staff were in disagreement with him and it was wasting a whole lot of peoples time. Astle felt the .offer could be made to the County, if you want to pull out, we'll zone it. There the City would be in tune because you would have your Building Code and your zoning. Palmer stated he was having heart burn knowing Alan was doing what he is doing. We are doing the dirty work for the County but at the same time, Palmer said, he didn't like droping our skirts on the outside of the City and saying whatever_. happens to it does happen. They are two separate�th"ings and theyshouldbe but the thing we have put on Alan is unfair to him and to -his department and its obvious the pressure has to be put on the County. Palmer said he -did not want to see every -anything go up next to the City. The Supreme Court says the City may, uses the MAY, so its totally discretionary. - - • Neier stated that the State Law says before an area can be annexed it must be included in and conform to a Comprehensive Plan. Neier said he could tell he was on the wrong side of the fence but he could see that if the County takes over that zoning and doesn't pay any attention to what happens and we start issuing permits within that jurisdictional area outside the City, sooner or later we are going to issue a permit to someone that does not conform. This may or may not cause problems in future annexation. Hammer asked that if the City is in fact paying $28,900 to the County, doesn't the City have some say on what Verma performs or doesn't per- form. It would seem the City Council could say, Nick, you will make a determination whether it meets the Comprehensive Plan. Manning stated one of the problems is, Verma is wearing is wearing too many hats. Palmer stated that at one time (during budget hearings) he had suggested we withdraw from the CAB, take the 28,000 and hire our own qualified person and take care of it ourselves. Hammer stated he felt that was a good idea. Astle stated the City would be well advised to have their own in-house • man. Astle further stated that if his resolution was brought to the full Council, he would like to be present. -3- Palmer stated that perhaps if we just asked the County to relinquish their interest in that area, they would. Palmer said he was told they would. • Springer stated we should try that. Springer stated that if you could get an affirmative act out of the County Attorney's Office, he would buy the martinis. Motion. Springer moved to raise the issue at the meeting of the 17th and make a direct request to them thru either Manning or Palmer that they withdraw. Palmer stated he felt we should not have. another study, Springer agreed, no study. Palmer. seconded. All members voted yes. Manning stated the next item for discussion was to come up with a buyable request to the Council regarding the zoning, whether we want to expand the zoning catagories. _ Palmer stated he got the feeling that no one would support it at all. Manning stated he looked at it a little more loosely. There were a couple of people that wanted to leave it as it is and address any problems as they come along,(that was only acting thru the Annexation Committee and Manning stated he was going to take it back to the Zoning Commission, which he did. The Zoning Commission felt they should • all sit down together and look at possibly the expansion of the cata- gories that Neier suggested in his letter that was the tag on the Heritege Health Center. Manning asked Petersen what his position was. Petersen stated the number of clasifications is not crucial, however having two zoning systems in the City of Kalispell is unneeded, where you deal with a use within the Redevelopment Area differently than you do outside the Redevelopment Area. That causes confusion, complexity and confusion. Petersen stated there are a number of sug- gestions he would have to make as to reducing the complexity. Petersen further stated he was not sure he would be willing to scrap the zoning and start from scratch. Springer stated that was more the consensus he got from the last meeting. Palmer stated he felt there would not be a problem with the public if we were broadening the use. Manning stated this would be discussed further at the next meeting. That meeting to be held at 7:30, May 1, 1984 in the Council Chambers. There will be a Annexation Committee meeting on the 18th of April at 4:00 P.M. to discuss Northwest Horizons. Meeting adjourned at 5:00 P.M. • Respectfully submitted, Carmen Franklin Recording Secretary RESOLUTION (E\`L'E YPERRI'PORI L EUILDING PERMIT • ISSUANCE PROCEDURES) THAT WHEREAS, the City of Kalispell has adopted a Building Code under the requisite provisions of Montana Law and that said Building Code applies to an area outside the boundaries of the City of Kalispell; and WHEREAS, the issuance of a Building Permit when issued by the City of Kalispell outside its City Limits, may be issued in compliance with the Kalispell Building Code, but in violation of other law, Now Therefore, BE IT RESOLVED: That upon application for a Building Permit outside the City Limits of Kalispell, within the jurisdiction of the Building Code of the • City of Kalispell, the Kalispell Building Inspector shall be, and hereby is directed to process the Building Permit Application and determine whether said Building Permit Application is in compliance with the Kalispell Building Code and the Kalispell Building Inspector shall forthwith, within five (5) days from his determination of compliance, perform the following: 1) Submit written request to the Flathead County Sanitarian accompanied by a copy of the Building Permit Application, as=to er- whether the structure as constructed under the Building Permit Application, violates 0 posed structure would violate the Flathead County Flood Plain Regulstions. 3. Submit a written request to the Flathead County Zoning Administrator under the pro- visions of Chapter 6 of the Flathead County Comprehensive Zoning Regulations, Section 6.04 as to whether the proposed Building Permit, if issued, would be in conformance under Section 6.04 of said Zoning Regulations insofar as any particular zoning district that may exist or the Comprehensive Plan for the area. The Flathead Zoning Administrator shall be re- quested to indicate whether the proposed structure is in conformance with the Zoning Regulations if a district has been created and/or the Comprehensive Plan in absence of an existing zoning district under the Compre- hensive Zoning Regulations of Flathead County. The Flathead Zoning Administrator shall be requested to state to the Flathead City Building Inspector that the proposed structure would be in violation of either the zoning district or the Comprehensive Plan • and said Flathead Zoning Administrator shall request the Kalispell Building Inspector not to issue the Building Permit. BE IT FURTHER RESOLVED: That in the event any of the agencies outside the City Limits of the City of Kalispell refuse to reply within a ten (10) day period, the Kalispell Building Inspector, upon the further request of the Building Permit applicant, shall forthwith issue the Building Permit. BE IV FINALLY RESOLVED; That in the event any of the agencies set forth • CHAPTER 6 ADM INISTP.ATICN Section 6.01 Zoning Administrator. The Zoning Administrator shall be responsible for enforcing the provisions of these regulations. The Zoning Administrator and his duly authorized assistants shall have the richt to enter any building or enter upon any land during the d,ytime in the course of their duties upon showing proper identification and upon giving reasonable notice. Section 6.02 Records, The Zoning Administrator shall maintain in his office all 'location and conformance permits issued by him; a record of each and every identifiable complaint cf a violation of any of the provi- sions of these regulations, the action taken, consequent to any such complaint, which records shall be ope7 to the public for inspection. Section 6.03 Permits issued Contrary to These Regu!ation.s. Any such location permit and conformance permit or other authorization issued, granted or approved in violation of the provisions of these regulations shall be null and void and of no effect without the necessity of any proceedings for a revocation or nullification thereof, and any work under- taken or use established pursuant to any such location permit, conformance permit or other authorization shall be unlawful aid no action shall be taken by any Board officer or any employee of the county purporting to validate any such violation. Section 6.04 Location and Conformance Permit Required. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefore, issued by the Zoning Administrator or his authorized assistants. It is the intent in the administration of these regulations that zoning approval shall be originally determined by the Planning Department with the application for a Location and Conformance Permit. The Planning Department in performing its duties shall receive applications and issue said permit and make inspections; provided, however, that no permit shall be issued unless all applicable provisions of these regulations are complied with. Section 6.05 Board of Adjustment. A Board of Adjustment is hereby established. The worg "Board" when used herein shall mean the Board of Adjustment. The Board shall consist of five menibers and shall be appointed by the County Commission. In case any vacancy should occur in the member- ship of the Board for any cause, the County Commission shall fill such vacancy by making an appointment. The new appointee shall fulfill the unexpired term. The members of the Board may be removed during their term by the county for neglect of duty, failure to attend three consecutive meetings without excuse or acts involving a breach of moral turpitude. The Board of Adjustment shall determine chat a vacancy through absence, delinquency or other reason exists and shall convey such determination to the County Commission. 6-1