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06. Resolution 4255 - Triangle Development - Annexation and ZoningRESOLUTION NO. 4255 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, A TRACT OF LAND DESCRIBED AS ASSESSOR'S TRACT 1B LOCATED IN SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS TRIANGLE DEVELOPMENT ADDITION NO. 271; TO ZONE SAID PROPERTY RESIDENTIAL/PROFESSIONAL OFFICE, R-5, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Triangle Development, the owners of the property described as Assessor's Tract 1B located in Section 6, T28N, R21W, P.M.M., Flathead County, Montana, requesting that the City of Kalispell annex the territory into the City with a Residential Apartment/Office, RA-3, zoning classification, and WHEREAS, the Flathead Regional Development Office has made a report on Triangle Development Addition No. 271, Annexation and Zoning Request, #KA-96-1, dated March 4, 1996, and recommended that a zoning classification of Residential/Professional Office, R-5 would be more appropriate, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell and be zoned Residential/Professional Office, R-5, and WHEREAS, based upon the report of the Flathead Regional Development Office and the recommendation of the Kalispell City - County Planning Board and Zoning Commission, the City Council of the City of Kalispell finds that the recommended zoning classification for the territory is appropriate based upon the following criterion: Does the Requested Zone Comply with the Master Plan? The Kalispell City -County Master Plan designates this area as High Density Residential. The proposed RA-3 zoning would be in compliance with the Master Plan designation. The plan states in part that "High density urban residential growth is projected to occur ... north and west of Whitefish Stage Road adjacent to the golf course..." Is the Requested Zone Designed to Lessen Congestion in the Streets? Direct access to this property is by way of Whitefish Stage Road which is indicated on the Master Plan map as a minor arterial. The district intent of the RA-3 district states that the location of this district depends on proximity to major streets, arterials and 1 business district. The intent of the R-5 district also states that this district should be associated with arterial or minor arterial streets. Furthermore, Whitefish Stage Road, between the city limits and West Reserve Drive, is listed as a priority on the Kalispell Urban Area Transportation Plan for upgrading. No design plans have been developed and right-of-way acquisition is currently underway. It appears that either of these districts would be appropriate along Whitefish Stage Road and that the roadway would be adequate to accommodate potential traffic generated from this property. Will the Requested Zone Secure Safety from Fire, Panic and Other Dangers? It does not appear that fire and safety issues are significant with regard to this site. Easy access is available from Whitefish Stage Road, there is good sight visibility in both directions ingressing or egressing the property, the terrain is generally level and the property is close to services. No significant impacts could be anticipated with regard to safety hazards, fire or other emergency situations. Will the Requested Change Promote the Health and General Welfare? The master plan has designated this area as high density residential which would be considered appropriate for this area and the community because of the property's proximity to Buffalo Hills Golf Course. The location makes it a prime area for development because of the recreational amenity as well as the open space that this area provides. Additionally, a minor arterial will serve the property for access. It appears that the proposed zoning would promote the goals of the master plan and, hence, the health and general welfare of the residents of the community. Will the Requested Zone Provide for Adequate Light and Air? Adequate light and air would be provided by the setback requirements and the height limitation on structures. These development standards are generally consistent with other residential development in the area and would provide for adequate light and air. Will the Requested Zone Change Prevent the Overcrowding of Land or Undue Concentration of People? 2 Minimum lot size requirements for the existing County RA- 1 and the proposed City RA-3 are similar with the current zoning requiring 7,500 square feet and the proposed zoning requiring 7,000 square feet. With the availability of public services in the area and considering other development in the immediate area it does not appear that the proposed district would result in the overcrowding of land or undue concentration of people. Will the Requested Zone Facilitate the Adequate Provision of Transportation, Water, Sewer, Schools. Parks and Other Public Requirements? Full public services and facilities currently exist or can be made available to this property. Good access, public water and sewer, police and fire protection as well as open space and recreational amenities are in the immediate area of this site. Does the Requested Zone Give Consideration to the Particular Suitability of the Property for Particular Uses? The proposed RA-3 zoning district does appear to allow many permitted and conditional uses which would be suitable for this area particularly single, duplex and multi -family dwellings. This district also allows a number of non-residential uses which could be developed on this property along Whitefish Stage Road, a minor arterial, and the rather odd triangular shape, development of the 2.7 acres presents several viable alternatives. Its proximity to the roadways provides for easy ingress and egress as well as high visibility, which would be important to a commercial activity. Its proximity to the golf course and some high end residential development, makes it desirable for high density residential development. Under either scenario, it does appear that this property is suited for the uses which are permitted under the RA-3 district. Does the Requested Zoning Give Reasonable Consideration to the Character of this District? Most of the development which has taken place in this area is single family and multi -family residential development. Some commercial development has taken place at the corner of West Reserve and Whitefish Stage Road approximately 1,000 feet to the north of this property. The intent of the RA-3 district is to allow some limited businesses at locations which are compatible with residential apartment uses and to serve as a buffer zone K, between other commercial districts and residential areas within or adjacent to business corridors. It does not appear that the proposed district is consistent with the intent of the district. It appears that the R-5 district, a Residential/ Professional Office district might be more compatible with existing development, more closely reflect the intent of the district and would also meet the master plan designation of "high density residential". The intent of the R-5 district is to allow office structures which are architecturally harmonious with adjacent residential development and would be located along arterials or minor arterials. Both the RA-3 and the R-5 buffer between residential commercial development or immediate area, hence, the not meet the specific inten are intended to provide a nd commercial districts. No zoning is present in the character of this area does of the proposed district. Would the Proposed Zoning Conserve the Value of Buildings? Under the proposed zoning a variety of residential and non-residential uses would be allowed either outright or conditionally permitted according to specific development _ standa'rds. Any new development would be required to be constructed accordingly. It does not appear that the proposed district would have an adverse impact on the value of buildings in the area. Will the Requested Zone Encourage the Most Appropriate Use of the Land Throughout the Jurisdiction? Because of the shape, size and location of this property it is difficult to judge what the most appropriate use of this land would be and hence its effect of the use of land within the planning jurisdiction. Because of this property's proximity to Whitefish Stage Road, a busy and accessible roadway, it is appealing for office development. On the other hand, because of its proximity to the golf course, this property could be considered prime for multi -family townhouse development. The size and shape of the property are limiting factors primarily with regard to residential development because it would be difficult to provide enough privacy and buffering between the roadway and the living units. It appears that the proposed zoning may provide for the most appropriate land through the jurisdiction. 4 WHEREAS, on the 6th day of November, 1995 the City Council of the City of Kalispell adopted, pursuant to Section 7-2-4610, Montana Code Annotated, an Extension of Services Plan which anticipates development of City services for approximately five years in the future, and WHEREAS, the City has caused to be developed a "mini -extension of services plan", attached hereto as Exhibit "A" and thereby made a part hereof, for the territory by this Resolution annexed to the City of Kalispell, and WHEREAS, said "mini -extension of services plan" provides for the extension of municipal.- services or maintenance of existing services within the area of Triangle Development Addition No. 271, subject to annexation, including water, sewer, storm drainage, streets, garbage collection, police protection and fire protection, and WHEREAS, said "mini -extension of services plan" provides for financing the extension of municipal services or maintenance of existing services by utilizing funds allocated and expended, pursuant to the annual City budget without incurring additional bonded indebtedness, and WHEREAS, Triangle Development Addition No. 271 is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as is more particularly described as Assessor's Tract 1B located in Section 6, T28N, R21W, P.M.M., Flathead County, Montana, shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION II. Upon the effective date of this Resolution, the City Clerk of Council is directed to make and certify, under the seal -of the City a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk of Council, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, 5 laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned Residential/Professional Office, R-5. SECTION IV. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1995. ATTEST: Debbie Gifford, CMC Clerk of Council 0 Douglas D. Rauthe, Mayor 4-:1 ES P�IA11) BY THE FLATHEAD REGIONAL DEVELOPM[ENT MARCH ,,, The subject property is within the Service Area Boundary of the City of Kalispell as described by the Extension of Services Plan adopted by the City of Kalispell on November 5, 1995 (Resolution #4241). This broad -based extension of services plan, together with this "mini -plan - comprise the Extension of Services Plan for the Triangle Development annexation. EXISTING SERVICES: Water: A ten inch municipal water tine exists along the west side of Whitefish Stage Road owned by the Evergreen Water District. Adequate capacity to serve the site is available once the extension is made. Sewer: A 15 inch municipal sanitary sewer line exists along the west side of Whitefish Stage Road which is owned by the North Village Sewer District. The district has sufficient capacity to service this property when extensions are made. Storm Drainage: No area wide storm drainage system exists in the area. Infiltration and natural absorption areas are proposed to mitigate any potential storm runoff associated with development of the site. Streets: Whitefish Stage Road is a two Iand paved County Road which is designated on the Kalispell City -County Master Plan as a minor arterial. This roadway is listed as a priority for upgrading in the Kalispell Urban Area Transportation Plan. Currently, no design plans have been started and no right-of-way acquisition has occurred. Garbage- Collection: Available by contract from private companies. Police Protection: Flathead County Sheriffs Department. Fire Protection: West Valley Fire Department. P #: Water supply • u # • 'able to b.. extended totheproperty i i f! the watermainrunning along the west side of Whitefish Stage Road. The applicants are proposing a one inch water service line when the site is developed. we : Sewer can be provided by way of an existing 15 inch main which rum along the west side of Whitefish Stage Road which is owned by the North Village Sewer District. A four inch sewer service line is proposed to serve the site at the time of development. Storm Drainage: No storm drain system exists in the area nor is one being proposed. Storm flows could be handled on site with natural absorption areas for infiltration. Development plans for this site have provided designated infiltration areas on the property. The terrain is generally Ievel with little vegetation resulting in minimal erosion problems during and after development. Streets: Whitefish Stage Road is a two lane paved County road with sufficient capacity to serve this site. At the time this roadway is upgraded, additional right-of-way may be required. The developer has anticipated this right-of-way acquisition and is willing to set aside ten feet, of future right-of-way in anticipation of this expansion. Garbage Collection: The City of Kalispell can and would provide solid waste pick up for the site when this property becomes eligible for municipal service. police/Fire: City of Kalispell Police Department and Fire Department will be available to provide services to this property upon annexation at approximately the same level as other properties within the city. EX'i`ENSION AND FINANCE STRATEGIES: Extension of services to this property are minimal because most of the necessary infiastructure in already in place. Improvements to the property associated with the development of the site would include the extension of service lines from existing water and sewer mains which run along the right-of-way in front of this property. No special assessments or financing appear to be required and any financing of these improvements would be borne by the developer. F:i.. AKA96-RPT 9 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 March 21, 1996 Fax: (406) 758-5781 Al Thelen, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Triangle Development Request for Annexation and Zoning Dear Al: The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their regular meeting of March 12, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the following agenda item: A request by Triangle Development for annexation and a City zoning designation of RA-3, a Residential / Apartment Office district. The property being proposed for annexation is located on the west side of Whitefish Stage Road, approximately 800 feet south of West Evergreen Drive. The property is currently zoned County RA-1, a Low Density Residential Apartment district. A staff report was presented by Narda Wilson of the Flathead Regional Development Office who evaluated the proposed based upon the statutory criteria and recommended R-5, a Residential / Office district as a more appropriate initial zoning for this parcel. At the public hearing, a representative for the applicant spoke in favor of the proposal and stated that either zoning would be acceptable. He noted the preliminary plat for eight one-story office condominiums filed in conjunction with the petition for annexation and zoning. Several residents in the area attended the public hearing. Two people spoke in favor of the proposal and three in opposition. Specific concerns were expressed about the potential height of buildings on the property as well as residential and office uses. The Commission carefully evaluated the appropriate zoning for the property in relation to the surrounding area, the Master Plan and potential uses under the requested RA-3 district, the R-5 district, and the City RA-1 district and the County RA-1 district. A motion was made to adopt FRDO Report #KA-96-01 as findings of fact, and follow the staff recommendation of initial zoning of R-5, a Residential / Office district. The motion carried with the Commission voting four in favor and three in opposition. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Al Thelen, Interim City Manager City of Kalispell Re: Triangle Development Request for Annexation and Zoning March 21, 1996 Page 2 This recommendation is forwarded to City Council for the March 25, 1996 work session and subsequent April 1, 1996 regular City Council meeting for final action on the request for annexation and initial City zoning. Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you have any questions. Respectfully submitted, KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/NW/dh Attachments: FRDO Report #KA-96-01 Application Materials Minutes from the 3/12/96 Planning Board meeting c: Golden Development, P. O. Box 7262, Kalispell, MT 59904 Triangle Development, 2331 Mission Trail, Kalispell, MT 59901 Montana Planning Consultants, P. O. Box 7607, Kalispell, MT 59904 H:\...\1996\KA96-l.TRM Discussion Landscaping, snow removal and handicapped parking were discussed. Mr. Hall had no problem with providing handicapped parking. The drainage problem is being addressed Motion Kennedy moved to adopt staff report #KCU-96-1 as findings of fact, and recommend to City Council that the conditional use permit be granted to Dale Hall subject to the eight (8) conditions as modified by discussion. Johnson seconded. On a roll call vote Brenneman, Bahr, Johnson, Kennedy, Carlson, Sanders and Hash voted aye. The motion carried unanimously in favor. TRIANGLE "} Hash introduced the next request by Triangle Development for 'DEVELOPMENT ' / annexation and a City zoning designation of RA-3, a Residential/ ANNEXATION & Apartment Office district. The property being proposed for ZONE CHANGE / annexation is located on the west side of Whitefish Stage Road, RA 1 �COU0Y) approximately 800 feet south of West Evergreen Drive and TO 3 {CITY); containing approximately 2.7 acres. This property can be �." described as Assessor's Tract 1B located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Staff Report Wilson reported that the request for annexation and zone change upon annexation is tied in with the request for preliminary plat approval for an eight -unit office/condominium project. Staff proceeded to give a detailed presentation of report #KA-96-1. The request was evaluated in accordance with the statutory criteria for a change in zoning. Based on staff's review of the request for a RA-3 zone, an alternative of R-5 was recommended which would allow professional offices and would be more consistent with the intent of the district. Additionally,it would eliminate the need for a variance to the rear yard setback requirement for the preliminary plat. Staff recommended a zone change from County RA-1 to City R-5 for the property, upon annexation. Wilson asked if she should give the presentation on the plat, because the two proposals are so intricately tied together, it is difficult to look at the zoning, make a decision, and then look at the plat. Hash did not think that was a good idea. Being on the Board for some time, we have unfortunately have had the ill result of doing just that, and it turns out that after the zone is changed, the project doesn't happen. Kennedy concurred that we need to look at the zoning completely separate from the preliminary plat. She asked staff if she had discussed the R-5 recommendation with the developer. 4 Wilson replied that she had, and they were in agreement with the staff recommendation. Hash expressed concerns with the R-5 recommendation, as the public notice went in under an RA-3 zone request. Wilson explained that it is my understanding that based on the character of the area, and the Master Plan designation, that the appropriate zoning would be determined by the governing body. I am not convinced that the change in recommendation from RA-3 to R-5 presents a problem. Hash noted that it might not present a substantive problem, but it could be a problem with the lack of due process for the public. Public Hearing Hash opened the public hearing to those in favor of the request for annexation and zoning designation of RA-3. In Favor David Greer, a representative for the applicant, commented on the procedure of the application. We applied for an RA-3 and you may choose to say that is not appropriate, and that R-5 is more appropriate in your recommendation to City Council. I didn't see a problem. This came up about a week ago, and I have discussed this with FRDO staff. Greer went on to say that, I am speaking on behalf of the property owners. I did submit concurrent applications, so that you can see what you are going to get with the zone change. Back in December, the RA-3 proposal went to Site Plan Review, and they said it was an appropriate zoning classification for the property. We would be happy with either RA-3 or R-5. The R-5, based on the intent, is probably better for the property. The property is designated on the Master Plan as high density residential, and is currently zoned County RA-1. One of the criteria is compliance with the Master Plan, and there are four zoning classifications that fit the high density residential: R-5, RA-1, RA-2, and RA-3. With regards to the R-5, the Justice Center is zoned R-5. Item #8 on page 6, addresses the suitability of the property for this particular zone. On Whitefish Stage Road, there are industrial uses, a mobile home park, and 5-6 acres of B-1 on the corner of Evergreen, which is commercial type uses. This particular piece of property is an odd shaped piece. We looked at it from all different aspects. We recognized unique chances for this property. It has a real close association with Whitefish Stage Road, it is not a deep piece. It is triangle -shaped and that complicates access, but it is not physically attached to any other development. It has golf courses east, west and south, it has utilities nearby, and the existing zoning anticipates high density 5 development. He read through the list of uses allowed now under the County RA-1 zoning, and the City RA-1 comparable zone. The shape of the lot makes it difficult for multi -family development, because of the difficulty of providing access, etc. With condos or apartments, you would have to go high to make it work. We knew the neighbors wouldn't like 35 foot tall buildings, so we thought that a professional office complex gave more flexibility. The landowners have a sincere commitment to make a showcase project, to make it compatible to the neighborhood. The professional office design allows us to reduce the overall building density, instead of coaxing out the property with a bunch of condos. It can be built at one story, instead of multiple levels. You reduce the amount of land coverage and increase the landscaping capabilities. The intent is to have offices such as dentists, CPA's, etc., with a residential character. Also, with a professional office development, there would not be children added to impact the schools, or traffic impacts to the roads, and it would be more compatible with golf courses. We think that RA-3 or R-5 would be appropriate to the property, Skip Stout, said he lives in Hillcrest Estates, directly across the street from the proposed development. Several years ago, I saw the plans that Duane Bitney proposed for there, and I don't want a multi -story residential complex that I have to look at through my back door. An office complex would be a good neighbor. At 5 o'clock, they go home, and on the weekends, they aren't going to be there. Something is going to go in there, and I would rather see this proposal. I am in favor of this, and I think R-5 would probably be the best zone designation. Marla Davis, Riverview Greens, said that she is in favor of a single story professional structure which would be much more aesthetic on that property. There being no further proponents, the public hearing was opened to anyone opposed to the proposal. Opposition Warren Illi, representing the 130 members of the Hillcrest Estates Homeowners' Association, and due to the short notice we had of this hearing, we have not held any association meetings. I have heard from several people living in the area, and have met with the Board of the association. We have no problem with the annexation, but what is an issue is allowing a commercial use to come into our residential neighborhood. Our subdivision is comprised of 130 single family residences to the east of this proposal. To the north is Riverview Greens, another subdivision with single family occupied homes, and to the south is Fairway Boulevard Townhouses. The west is the open space/golf course. This is viewed as a single family neighborhood, and we want to 6 keep it that way and preclude any kind of commercial use. There is no commercial development on Whitefish Stage now, north of the city limits. We see any kind of commercial use as the beginning of commercial creep along Whitefish Stage Road. When I read the intent of the requested zoning, whether it is an RA-3 or R-5, this property is not fit for that intent. This is a residential area, and this request for a change to commercial zoning, almost got by us. The homeowners would like to see this remain residential, with a two-story height limit. Frank Miller, stated that he is not opposed to development on this property, but has grave concerns about the increased traffic on Whitefish Stage Road. Most of the traffic will probably be coming north from Kalispell and would require left hand turns, which would be very dangerous, with the current road conditions. Bill Jensen, 120 Riverview Greens, said he would like to see a height restriction on that site, whether it is an office building or a professional complex. I don't have a problem with that as long as it is one or two stories in height. I am also concerned about the traffic flow on Whitefish Stage Road. With a high density residential development, there would be an even greater traffic problem, which would be exacerbated with the number of children that would be there. There being no other opponents to the project, the public hearing was closed and opened to Board discussion. Discussion Wilson asked to comment and read from the Zoning Ordinance, regarding the role of the Planning Board on the annexation process and consideration of zoning. When someone requests annexation, it is the Board's responsibility to determine what the most appropriate zoning is. If the Board denies the RA-3, you are not necessarily denying the annexation. Hash expanded on that by noting that what we have is a landowner with an idea for development, and in order to achieve their goals, they need annexation and zone change to meet that ultimate development goal. In other instances, where the use will remain the same, the request is simply a change from a county to a city zone. Wilson replied that perhaps a City RA-1 zone would be the most appropriate. The Planning Board would make the recommendation to City Council, regardless of what staff recommends or what the applicant is requesting. Hash agreed, but had concerns that the notice to the public was for a certain zone classification. V1 Bahr concurred that this is a tough piece of land, and since it has become surrounded by residential development, if there is an allowance for this development, it is a change, that in its worse case, is spot zoning. Hash agreed that the intent is probably the ideal use for the site, but it seems like spot zoning. A specific change from the surrounding area for the benefit of that landowner, only, I cannot support either zoning request. Since commercial or professional uses do not exist in the area, it does not serve as a "buffer". With the RA-3, looking at the office/condominium project, that would then require a variance, that is not acceptable, as typically variances are not allowed when the hardship arises through the acts of the applicant. There may be B-1 less than a mile away, but right now it is empty. And someday Whitefish Stage may be a 4-lane, but right now it is not. Kennedy said that she, too, was having difficulty with both of these possibilities for zoning. Clearly, you indicate in the summary that RA-3 needs to be "located within or adjacent to a business shopping corridor or shopping island", and this is not. The R-5 district does not meet the exact intent, which is to "buffer between commercial and residential", and clearly, it does not. There is no commercial. Do you believe that it is substantially in compliance? Wilson answered that with B-1 zoning to the north, there is some commercial zoning, if not development in the area. At some point, that will be developed. With the Master Plan designating that as "high density residential", within those districts there are certain commercial uses that are allowed. When you look at the intent listed in the high density residential uses, it is hard to make them fit on this little triangle with what is there. So, maybe the Master Plan is inappropriate. It is a difficult call. I used my best judgement for putting together a recommendation for the Board. I admit that part of that is based on the proposal of the condominium project that is next. We are looking at a project that can be conditioned. When we look at the specific zoning without looking at the project, probably RA-1 is closest to what it is now. Kennedy noted that is exactly the difficulty. We have to zone the property appropriately for any use that could come into that zone. To look at the preliminary plat that might not ever come to fruition is not being fair to the rest of the landowners, or the City. We need to put zoning that is appropriate for any development that would happen in that zone, not for a specific preliminary plat. We have been bitten in the past with these not happening in the way they are presented. Then something not appropriate comes into the area. These are two separate issues. They have to be addressed separately. So, not looking at the plat, I don't think either RA-3 or R-5 is appropriate. Brenneman asked Mr. Greer to clarify that what the landowners wish to do is develop this in an aesthetically pleasing way that maximizes their potential income, and the way to do this is to change to the zone that allows office buildings. Greer replied he did not say that. The applicants probably bought this land based on the zoning designation of high density residential, and that translates into something more than single family. You can develop the property with apartments or condos, but to get your money back - not maximize it - you are probably going to have to fill that triangle with lots of units and go high with them. Whereas, if you had some professional office opportunities, you wouldn't have to do that, because you are going to get a higher value return. There is a net balance. You either go with more residential, or less commercial. The value of the land would reflect the type of use. Carlson asked for the allowed and conditional uses allowed in the City RA-1 or R-3 which is adjacent to this. These uses were read from the Zoning Ordinance. Wilson noted that the City R-5 through RA-3 zones would meet the intent of a high density residential designation, as set forth in the Master Plan. Hash said she had a problem with tinkering with this, as it seems we are trying to fashion a remedy for the landowners. I suppose it is the task of the City Council to affix an appropriate zoning designation. If the Master Plan designation is high density residential, then we would technically look at the city zoning that would meet that. To truly do our job, we should be looking at those uses and restrictions, in light of this piece of land, without consideration of the proposed use. Kennedy read from the Ordinance that R-5 should serve as a buffer, so that does give some leeway and is not mandatory. It says the district is intended to accommodate professional offices, which is what the people are saying is an appropriate use for the area. There is a County R-5 south of this. It was indicated by Mr. Illi, that there is no commercial on Whitefish Stage to Reserve, but there is a gas station with a convenience store on the corner at Reserve, the Swank office building, and State Farm Insurance claims office, which is located north of this site. I agree, that with the nature of the homes in the area, professional offices would be better suited to the neighborhood, however, I, also, am concerned about spot zoning. 0 Wilson explained that because the Master Plan designates this as high density residential, it would not be spot zoning, as it would be in compliance. Carlson had a problem with a residential use going in that area, because of the traffic on Whitefish Stage, and would prefer to see professional offices. Johnson observed that commercial crawl is restricted from spreading by existing development. I don't feel this is spot zoning. By virtue of location, it is. By virtue of development, I think it is compatible with the surrounding area. I think the best use for the property is within the recommended zone. I do have a problem with the R-5, because I don't think that is before the table. Kennedy confirmed that no other public hearing would be held on a zone change, therefore, we need to send our intent to City Council. It is the duty of the Board to recommend the most appropriate zone for the property. The neighboring landowners have indicated that R-5 would be preferable. Sanders suggested that this proposal be tabled for a month and let the applicant come back with a proposal for R-5, so it can be legally noticed. Hash commented that she is hearing the adjacent landowners asking for a low level, harmonious development, which has been proposed, not necessarily R-5. Kennedy replied that an RA-3 would not give that to them. She read through the list of allowed uses in the R-5, which appear to be compatible uses with the neighborhood. The intent of an R-5, district "should serve as a buffer between residential and other commercial districts, and should be associated with an arterial or minor arterial street", which this does. I was having trouble with this, but reading the text of the zoning ordinance, I think it gives us some flexibility and is meeting the intent of the Master Plan. I don't have any problem addressing this tonight, rather than sending the applicant back to bring forward an R-5 submittal. Bahr felt that this proposed development opens the door and almost mandates a business development in that area, where currently it is restricted to residential. Changing the character of that piece of property is what the neighbors don't want. KU Motion Kennedy moved to adopt the staff report #KA-96-1 as findings of fact, for the Triangle Development Annexation and Zoning Request, and send a favorable recommendation for annexation and zoning of R-5 to City Council. Carlson seconded. A roll call vote was taken on the motion to recommend annexation and a zone classification of R-5. Johnson, Kennedy, Sanders, and Carlson voted aye. Brenneman, Bahr and Hash voted nay. The motion carried on a 4-3 vote in favor. WHITEFISH Next, President Hash introduced a request by Triangle Development STAGE for preliminary plat approval of an eight unit commercial PROFESSIONAL condominium project, filed in conjunction with a zone change PARK / request from County RA-1, a Residential Apartment district, to City PRELIMINARY RA-3, a Residential/Apartment Office district and annexation into PLAT the City of Kalispell. The development is to be known as Whitefish Stage Professional Park. The property being proposed for condominiums is located on the west side of Whitefish Stage Road, approximately 800 feet south of West Evergreen Drive and containing approximately 2.7 acres. This property can be described as Assessor's Tract 1B located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Staff Report Wilson gave a detailed presentation of report #KPP-96-1. Based on staff review of the necessary criteria, it is recommended that preliminary plat for Whitefish Stage Professional Park be granted subject to 15 conditions. Staff recommended that condition #8 be deleted and replace it with a condition stating "That a common area maintenance aLrreement be provided." Add to condition #9 that "The number and placement of fire hydrants..." Public Hearing The public hearing was opened to those in favor of the proposal. In Favor David Greer, agent for the applicant, stated that this property was difficult to work with. Initially, city staff recommended RA-3, and they liked the design, because it has a good traffic flow situation. We reserved an additional 10 feet of right-of-way for the widening of the county road, which is consistent with what was required for the other developments along there. That is what caused the variance request, as it pushed everything back 10 feet. This went through Site Plan Review, and they were happy with it. I don't have any problems with the changes to the conditions, however, I did want to talk about sidewalks. This whole development is ringed with sidewalks and has a parking lot. If there is a sidewalk along Whitefish Stage Road, it will go nowhere. There are no children - right or wrong -- associated with the townhouses to the south. The bike path is going to be on the east side of the street, so I suspect the kids will cross at Evergreen and use the east side of the road. I don't think anyone would use the sidewalk, or the crosswalk, however I don't have a problem with the crosswalk. 11 Skip Stout, said that he would prefer to see this development on that particular piece of property, than what was proposed before. There being no further proponents, the public hearing was opened to opposition. No one spoke in opposition. The public hearing was closed and opened to Board deliberation. Discussion Johnson would hate to add a burden to a developer, however the City's posture has been to require sidewalks whether they connect to anything or not. Kennedy felt we should look at the size of the development, and that there are no sidewalks in the area, at all. There is a pedestrian trail to Edgerton School, which was developed by private interests, and the children are used to that. As long as there are sidewalks within the development, itself, I agree with Mr. Greer, that a sidewalk on Whitefish Stage would be going nowhere. The proposed bike path going in on the east side of the road is part of the ISTEA program. I have problems with the proposed crosswalk. Painted stripes on the asphalt which won't last long, and will be covered in the winter, and having the children get used to the safety and security of a crosswalk is not appropriate. It is not in the best interest for safety on Whitefish Stage Road in its current condition. If it is deemed appropriate when it is widened, then it can be done. So, I would agree with deleting item #11. If this were a residential development, she would agree with Johnson, that sidewalks be required. Further discussion followed on the crosswalk. Brenneman expressed a concern that there are residential developments all around the site, and after 5:00 p.m. there will be an empty parking lot there. It was argued, however, that putting a crosswalk there encourages children to cross when it is not safe to do so. The highway department can address the issue when the road is widened and the bike path installed. Bahr complimented the developer on a good design on a very limited piece of land, unfortunately, I think this is the wrong area to put it. A professional office building is not limited to weekdays from 8:00-5:00. Motion Kennedy moved to adopt subdivision report #KPP-96-1 as findings of fact, and forward a favorable recommendation for preliminary plat for Whitefish Stage Professional Palk to City Council with 11 conditions, as amended. Carlson seconded. On a roll call vote Sanders, Johnson, Carlson, Brenneman, Kennedy and Hash voted aye. Bahr voted nay. The motion carried on a 6-1 vote in favor. OLD BUSINESS There was no old business. 12 DEVELOPMENTTRIANGLE REQUES .. -1 (COUNTY) TO RA-3 (CITY) ZONING ! ', FLATHEAD REGIONAL DEVELOPMENT OFFICE MARCH 4, ''6 This is a report to the Kalispell City -County Zoning Commission and Kalispell City Council regarding a petition by Triangle Development for annexation of a parcel of land into the city limits of Kalispell and initial zoning. A public hearing has been scheduled before the Kalispell City -County Planning Board and Zoning Commission for March 12, 1996 beginning at 7:00 PM. The Planning Board and Zoning Commission will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The applicants are petitioning to be annexed into the City limits and for initial zoning. They are proposing a change in zoning from County RA-1, a Low Density Apartment district, to City RA- 3, a Residential Apartment/Office district. The parcel proposed for annexation and rezoning is approximately 2.7 acres in size. A preliminary plat for a commercial condominium project containing eight units, each approximately 50 by 54 feet in size, has been filed concurrently with the petition for annexation and zoning. A. Petitioner and Owners: Triangle Development 2331 Mission Trail Kalispell, MT 59901 (406)752-8483 B. Location and Legal Description of Property: The site is south of East Evergreen Drive approximately 600 feet on the west side of Whitefish Stage Road in Kalispell. The property can described as Assessor's Tract 1B located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County. B. Existing zoning: Currently this property is zoned Country RA-1, a Residential Apartment district which is intended as an area for multi -family use and for non-residential uses which are compatible with the primarily residential character of the area. This district is intended as a buffer between residential and non-residential district. Full public facilities serve these districts. Development standards for the RA-1 district include a 7,500 minimum lot size requirement, a 35 percent lot coverage and a 35 foot height limit. Setbacks are 20 feet in the front and rear, five feet for duplexes and single family residences, 15 feet for tri- plex or larger and 20 feet on the corners. C. Nature of Request and Proposed Zoning: The area proposed for rezoning is approximately 2.7 acres of a triangular piece of undeveloped property on the west side of Whitefish Stage Road. Currently this undeveloped property lies in the county and is zoned RA-1, a Low Density Residential District. The applicants are requesting that this property be annexed into the City of Kalispell and rezoned to RA-3, a Residential Apartment/Office district. A preliminary plat for professional office condominiums has been filed concurrently with the annexation and zone change request. RA-3 zoning has been requested because this district allows for limited office uses. The RA-3 district is a Residential Apartment/Office district which is intended to provide areas for professional, governmental and private offices, banks and similar institutions, cultural and governmental facilities and limited business at locations where they are compatible with residential apartment uses and where it is not deemed desirable to permit a more intensive business activity of a retail nature. This district is intended to serve as a buffer between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the central business district. D. Size: The area proposed for rezoning contains approximately 2.7 acres of undeveloped property. This property is triangular in shape measuring approximately 850 feet along the eastern boundary which fronts along Whitefish Stage Road and the sides measuring 415.9 feet to the south and 329.85 feet to the north. E. Existing Land Use: Currently this property is undeveloped. A development proposal has been submitted with the annexation and zoning request consisting of an eight unit commercial condominium project. F. Adjacent Land Uses and Zoning: Mostly residential uses currently exist in this area. This parcel lies between some expensive homes in Riverview Greens Subdivision to the north and the townhomes in Fairway Boulevard Townhouse Subdivision to the south. This property is bordered on the north, south and west by Buffalo Hills Golf Course. North: Buffalo Hills Golf Course with P, Public, zoning lies directly to the north. Approximately 100 feet north of this are single family homes in an R-3 district. 2 East: Whitefish Stage Road lies directly to the east. Single family residences in Hillcrest Subdivision lie to the east with County R-2 zoning. South: Buffalo Hills Golf course with P, Public, zoning lies directly to the south. Approximately 150 feet south of this are townhomes in an area zoned City R-3. West: Buffalo Hills Golf course lies to the west with P, Public, zoning. G. General Land Use Character: Buffalo Hills Golf Course provides the residences in the area with a very nice open space area and recreational amenity. The development in the immediate area is primarily single-family residential with some multi -family townhouse units to the south. No commercial development is currently in the general area. AVAILABILITY OF PUBLIC SERVICES: Full public services can be provided to this site. A separately prepared "Extension of Services Plan" discusses the provision of public services to this property. G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Electricity: Pacific Power Telephone: PTI service area Schools: School District #5 Fire: Kalispell Fire Department Police: Kalispell Police Department H. Relation to zoning requirements: Proposed RA-3 zoning is a Residential Apartment/Office district which has a minimum lot size requirement of 7,000 square feet and 20 foot setback requirements for the front, side corner and rear yards with a 10 foot side yard unless the building is 35 feet in height, then a 20 foot setback is required. Under the proposed zoning, the office condominium project which is being filed concurrently with the annexation and zoning request would be a permitted use. The size of the parcel easily satisfies the minimum lot size requirements. However, as proposed, the condominiums at the north and south ends of the property have a setback of ten feet which would not meet the required rear yard setbacks of 20 feet. Part of the review and 3 approval process for this project as it is proposed would require the granting of a variance to the rear yard requirements from the City Board of Adjustment. An alternative to the proposed RA-3 zoning might be an R-5 district which is a Residential 1 Professional Office district. The district is intended to accommodate professional offices where it is not deemed desirable to permit a more intensive business activity of a retail nature. These office structures need not be commercial in appearance; they shall be architecturally harmonious with the adjacent residential structures. Such a district should serve as a buffer between residential areas and other commercial district and should be associated with arterial or minor arterial streets. Additionally, the condominium project would not require a variance from the setback requirements since the rear yard requirements of the R-5 district are ten feet, exactly what is provided under the current proposal. REACTION OF NEARBY PROPERTY OWNERS A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, one letter of objection had been received by the staff. This objection was based upon the residential character of the area. The letter has been included in the back-up material for this report. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. Does the requested zone comply with the Master Plan? The Kalispell City -County Master Plan designates this area as High Density Residential. The proposed RA-3 zoning would be in compliance with the Master Plan designation. The plan states in part that "High density urban residential growth is projected to occur ... north and west of Whitefish Stage Road adjacent to the golf course.." 2. Is the requested zone designed to lessen congestion in the streets? Direct access to this property is by way of Whitefish Stage Road which is indicated on the Master Plan map as a minor arterial. The district intent of the RA-3 district states that the location of this district depends on proximity to major streets, arterials and business district. The intent of the R-5 district also states that this district should be associated with arterial or minor arterial streets. Furthermore, Whitefish Stage Road, between the city limits and West Reserve Drive, is listed as a priority on the Kalispell Urban Area Transportation Plan for upgrading. No design plans have been developed Cl and right-of-way acquisition is currently underway. It appears that either of these districts would be appropriate along Whitefish Stage Road and that the roadway would be adequate to accommodate potential traffic generated from this property. 3. Will the requested zone secure safety from fire, panic, and other dangers? It does not appear that fire and safety issues are significant with regard to this site. Easy access is available from Whitefish Stage Road, there is good sight visibility in both directions ingressing or egressing the property, the terrain is generally level and the property is close to services. No significant impacts could be anticipated with regard to safety hazards, fire or other emergency situations. 4. Will the requested change ,promote the health and general welfare? The master plan has designated this area as high density residential which would be considered appropriate for this area and the community because of the property's proximity to Buffalo Hills Golf course. The location makes it a prime area for development because of the recreational amenity as well as the open space that this area provides. Additionally, a minor arterial will serve the property for access. It appears that the proposed zoning would promote the goals of the master plan and, hence, the health and general welfare of the residents of the community. 5. Will the requested zone provide for adequate light and air? Adequate light and air would be provided by the setback requirements and the height limitation on structures. These development standards are generally consistent with other residential development in the area and would provide for adequate light and air. 6. Will the requested zone prevent the overcrowding of land or undue concentration of people? Minimum lot size requirements for the existing County RA-1 and the proposed City RA- 3 are similar with the current zoning requiring 7,500 square feet and the proposed zoning requiring 7,000 square feet. With the availability of public services in the area and considering other development in the immediate area it does not appear that the proposed district would result in the overcrowding of land or undue concentration of people. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Full public services and facilities currently exist or can be made available to this property. Good access, public water and sewer, police and fire protection as well as open space and recreational amenities are in the immediate area of this site. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed RA-3 zoning district does appear to allow many permitted and conditional uses which would be suitable for this area particularly single, duplex and multi -family dwellings. This district also allows a number of non-residential uses which could be developed on this property which could be made compatible with the area. Because of the location of this property along Whitefish Stage Road, a minor arterial, and the rather odd triangular shape, development of the 2.7 acres presents several viable alternatives. Its proximity to the roadways provides for easy ingress and egress as well as high visibility, which would be important to a commercial activity. Its proximity to the golf course and some high end residential development, makes it desirable for high density residential development. Under either scenario, it does appear that this property is suited for the uses which are permitted under the RA-3 district. 9. Does the requested zone give reasonable consideration to the character of the district? Most of the development which has taken place in this area is single family and multi- family residential development. Some commercial development has taken place at the corner of West Reserve and Whitefish Stage Road approximately 1,000 feet to the north of this property. The intent of the RA-3 district is to allow some limited businesses at locations which are compatible with residential apartment uses and to serve as a buffer zone between other commercial districts and residential areas within or adjacent to business corridors. It does not appear that the proposed district is consistent with the intent of the district. It appears that the R-5 district, a Residential/Professional Office district might be more compatible with existing development, more closely reflect the intent of the district and would also meet the master plan designation of "high density residential. " The intent of the R-5 district is to allow office structures which are architecturally harmonious with adjacent residential development and would be located along arterials or minor arterials. Both the RA-3 and the R-5 are intended to provide a buffer between residential and commercial districts. No commercial development or zoning is present in the immediate area, hence, the character of this area does not meet the specific intent of the proposed district. 10. Will the proposed zone conserve the value of buildings? Under the proposed zoning a variety of residential and non-residential uses would be allowed either outright or conditionally permitted according to specific development standards. Any new development would be required to be constructed accordingly. It does not appear that the proposed district would have an adverse impact on the value of buildings in the area. 2 11. Will the requested zone encourage the most appropriate use of the land throughout the jurisdiction? Because of the shape, size and location of this property it is difficult to judge what the most appropriate use of this land would be and hence its effect of the use of land within the planning jurisdiction. Because of this property's proximity to Whitefish Stage Road, a busy and accessible roadway, it is appealing for office development. On the other hand, because of its proximity to the golf course, this property could be considered prime for multi -family townhouse development. The size and shape of the property are limiting factors primarily with regard to residential development because it would be difficult to provide enough privacy and buffering between the roadway and the living units. It appears that the proposed zoning may provide for the most appropriate land through the jurisdiction. SUMMARY AND DISCUSSION As discussed above, it appears that the RA-3 zoning might be an appropriate rezoning of this property under the Kalispell City -County Master Plan because this small triangle is designated as "high density residential. " However, it does not appear that the proposed zoning meets the specific intent of the RA-3 district, i.e. that it be located within or adjacent to a business corridor or shopping island. Although the R-5 district also does not meet the exact intent of the district, i.e. that it serve as a buffer between commercial and residential areas, it does appear that it is closer to what is intended for this area. This district is a high density residential district which would allow some office structures which are architecturally compatible with residential uses in the area. Furthermore, the R-5 district would enable the applicant to move forward their proposal for the office condominium project without the need for a variance to the rear yard setback requirement. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report KA 96-1 as findings of fact and forward a recommendation to City Council for a zone change to R-5, Residential / Profession Office, upon annexation. F: \... \KA96-1 . RPT 7 l Allit IRI PREPARED BY THE FLATHEAD REGIONAL DEVELOPMENT OFFICE MARCH 4, 1996 The subject property is within the Service Area Boundary of the City of Kalispell as described by the Extension of Services Plan adopted by the City of Kalispell on November 5, 1995 (Resolution #4241). This broad -based extension of services plan, together with this "mini -plan" comprise the Extension of Services Plan for the Triangle Development annexation. EXISTING SERVICES: Water: A ten inch municipal water line exists along the west side of Whitefish Stage Road owned by the Evergreen Water District. Adequate capacity to serve the site is available once the extension is made. Sewer: A 15 inch municipal sanitary sewer line exists along the west side of Whitefish Stage Road which is owned by the North Village Sewer District. The district has sufficient capacity to service this property when extensions are made. Storm Drainage: No area wide storm drainage system exists in the area. Infiltration and natural absorption areas are proposed to mitigate any potential storm runoff associated with development of the site. Streets: Whitefish Stage Road is a two land paved County Road which is designated on the Kalispell City -County Master Plan as a minor arterial. This roadway is listed as a priority for upgrading in the Kalispell Urban Area Transportation Plan. Currently, no design plans have been started and no right-of-way acquisition has occurred. Garbage Collection: Available by contract from private companies. Police Protection: Flathead County Sheriff's Department. Fire Protection: West Valley Fire Department. 0 Water: Water supply would be able to be extended to the property from the water main running along the west side of Whitefish Stage Road. The applicants are proposing a one inch water service line when the site is developed. Sewer: Sewer can be provided by way of an existing 15 inch main which runs along the west side of Whitefish Stage Road which is owned by the North Village Sewer District. A four inch sewer service line is proposed to serve the site at the time of development. Storm Drainage: No storm drain system exists in the area nor is one being proposed. Storm flows could be handled on site with natural absorption areas for infiltration. Development plans for this site have provided designated infiltration areas on the property. The terrain is generally level with little vegetation resulting in minimal erosion problems during and after development. Streets: Whitefish Stage Road is a two lane paved County road with sufficient capacity to serve this site. At the time this roadway is upgraded, additional right-of-way may be required. The developer has anticipated this right-of-way acquisition and is willing to set aside ten feet of future right-of-way in anticipation of this expansion. Garbage Collection: The City of Kalispell can and would provide solid waste pick-up for the site when this property becomes eligible for municipal service. Police/Fire: City of Kalispell Police Department and Fire Department will be available to provide services to this property upon annexation at approximately the same level as other properties within the city. EXTENSION AND FINANCE STRATEGIES: Extension of services to this property are minimal because most of the necessary infrastructure in already in place. Improvements to the property associated with the development of the site would include the extension of service lines from existing water and sewer mains which run along the right-of-way in front of this property. No special assessments or financing appear to be required and any financing of these improvements would be borne by the developer. F: \... \KA96-RPT E February 25, 1996 Tom Jentz Planning Director Flathead Regional Development Office 723 5th Ave E., Room 414 Kalispell, Montana 59901 Re: Triangle Development Rezone and Preliminary Plat Application RA-1 to RA-3, Condo/Office on Whitefish Stage Dear Tom, Pi.ATHEAD RE040vi, 05PICA I would like to express my objection and opposition to the requested change on the subject parcel. The area has been master planned as a residential area for many years and projects have been developed on that basis and within the established zoning. The change to commercial/office as allowed within RA-3 is not in keeping with the surrounding neighborhood. This would be a spot zoning in that a commercial use is proposed. The property is developable as RA-1 and it should remain as zoned. i have personally developed acceptable plans for former owners of the property and know it can hold 8- 12 townhouses very easily and with reasonable isolation from Whitefish Stage Road. The site has poor access from other commercial areas in that it is at least 1.5 - 2 miles to the nearest commercial areas and access is through other residential areas. I feel the staff should write a negative report on the application for rezone and preliminary plat. _•• 4- - • •.®•• + ..•,.® •... ..mwev�.r1;■ ® i'i®ii0j ! !!lf16lWii41■ DEIVELOPMlEllauff COMPANY KPP 6-1. 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