11. Resolution 4311 - Vista Development Annexation and Initial ZoningAGENDA ITEM 11 - Vista Development Annexation and Initial ZoninM
(Final Plat)
BACKOROUNDICONSIDERATION: This development has requested to be
voluntarily annexed and zoned R-3 Single Family District. I have
enclosed the transmittal letter and supporting documents for your
review.
RECOMMENDATION: Upon review of the FRDO documents and in
consideration of the voluntary request for annexation, this request
seems to be as simple and straight forward as we could receive.
All improvements and certifications for future developments are in
place. The zoning meets our master plan targets. The municipal
services are in place and meet our standards. I concur with the
recommendation to approve the annexation and proposed zoning of R-
3.
ACTION REQUIRED: The annexation will need to be approved by
resolution. The R-3 zoning designations can be approved by
Ordinance.
RESOLUTION NO. 4411
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, LONEPINE
VIEW ESTATES, LOT 2 OF SUBDIVISION NO. 117 AND ROAD EASEMENT,
LOCATED IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS LONEPINE VIEW ESTATES;
AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Vista Construction Inc., the owner of the property described as
Lonepine View Estates, Lot 2 of Subdivision No. 117 and road
easement, located in Section 19, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, requesting that the City of
Kalispell Annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Lonepine View Estates Annexation and Zoning Request, #KA-
96-08, dated December 2, 1996, and
WHEREAS, on the 6th day of November, 1995, the City Council of
the City of Kalispell adopted, pursuant to Section 7-2-4610, MCA,
an Extension of Services Plan which anticipates development of City
services for approximately five years in the future, and
WHEREAS, a mini -extension of services plan need not be
developed for the area, because the municipality and the property
owner have provided for the extension of municipal services- through -
the subdivision process, and
WHEREAS, Lonepine View Estates 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. Lonepine View Estates, Lot 2 of Subdivision
No. 117 and road easement, located in Section
19, Township 28 North, Range 21 West, P.M.M.,
j\wp\1onepine 1
Flathead County, Montana, shall be annexed to
the City of Kalispell and the boundary of said
City is altered to so provide, and shall be
known as Lonepine View Estates.
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, laws, 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.
S-ECT1ON—I11. This Resolution shall be effective 30 days
from and after its passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY
OF KALISPELL, THIS DAY OF 1 1997.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
j\wp\1onepine 2
ORDINANCE NO. 1257
AN ORDINANCE TO AMEND SECTION 27.02..010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY KNOWN AS LONEPINE VIEW ESTATES, FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-4, TWO-FAMILY RESIDENTIAL), TO CITY R-3,
A SINGLE-FAMILY RESIDENTIAL DISTRICT, IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Vista Construction Inc., the owner of property more
particularly described as Lonepine View Estates, attached hereto
and thereby made a part hereof, petitioned the City of Kalispell
that the zoning classification attached to the above described
tract of land be changed to R-3, a single-family residential
District, under the City of Kalispell Zoning Ordinance, and
WHEREAS, said property exists as property surrounded to the
north by single-family residences; County R-4 and R-1 zoning, to
the east by single-family residences; County R-1 and City R-1
zoning, to the south by County SAG-10 zoning, undeveloped, and to
the west by single-family residence; County R-1 zoning, and
WHEREAS, the petition of Vista Construction Inc. was the
subject of a report compiled by the Flathead Regional Development
Office, #KA-96-08, dated December 2, 1996, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the property as described above be initially zoned R-3, a
Residential district, upon annexation in the City of Kalispell, as
requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending said property be zoned as
R-3, Residential District, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone said property R-3, Residential District, the City
Council makes the following based upon the criterion set forth in
Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Cnmm.ss?oners, Etc. 590 P2d 602:
j\wp\ord\vista 1
Ito-es__the_12eqiLes_t-ed Zone Comply with the Master
The property is designated by the Kalispell City -County Master Plan
as "Urban Residential" which is defined as allowing two to eight
units per acre. The requested R-3 zoning classification is in
conformance with that designation since it allows up to seven units
per acre.
No change is anticipated in the, potential congestion by changing
the zoning from County R-4 to City R-3 because of the similar
density and uses allowed in the districts.
•- :-•t - -• •�- - - - •n - •� • �• • �-
. RN -
Adequate access, turnaround and water supply is available to the
site in the case of a fire. No features on the property exist
which would compromise the safety of the public. Any new
construction would be required to be in compliance with the
building safety codes of the City which relate to fire and building
safety. All municipal services including police and fire
protection, water and sewer service is available to the area.
The requested zoning classification will promote the health and
general welfare by restricting land uses to those that would be
compatible with the adjoining properties and promoting the goals of
the Master Plan.
Setback, height, and coverage standards for development occurring
on this site are established in the Kalispell Zoning Ordinance to
insure adequate light and air is provided.
j\wp\ord\vista 2
A change in zone from County R-4 to City R-3 will not result in any
increase in the density which is currently allowed. All public
services and facilities will be available to serve the site. This
zone change will not result in an overcrowding of land.
- - •t - - - • • - • •=51i • - • ■ - • r a r • - * , -
Minimum lot standards and use standards as well as subdivision
development standards will avoid the undue concentration of people
at the time the property is developed.
Ink
All public services and facilities are currently available or can
be provided to the property. Development should be encouraged in
areas where these services are available.
Does the Rertuested Zone Give Consideratjnn to tb r ; „lar
Suitability of the Property for r ; ,l ar s s7
The proposed R-4 zoning district is consistent with the surrounding
zoning and land uses in the area and gives due consideration of the
suitability of this property for the permitted used in the
district.
The general character of the area is single family residential
development. The same type of development can be anticipated to
occur on this property and will be consistent with the character of
the district.
j\wp\ord\vista 3
• ..._-.MAOTMEWO • - - *- - . . w•-
Value of the buildings in the area will be conserved because the R-
3 zoning will promote compatible and like uses on this property as
are found on other properties in the area.
•- ;-.� -- -. ..- • . O- v.o �-
*. W• •�• 4' • ••
Small lot residential development should be encouraged in areas
were services and facilities are available such as is being
proposed on this parcel. The proposed zoning is consistent with
the master plan and surrounding zoning in the area.
j\wp\ord\vista 4
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SF',CT1D 1- Section 27.02.010, of the Official Zoning Map of
the Kalispell Zoning Ordinance, (Ordinance #1175) is hereby
amended by designating the property described as Lonepine View
Estates as R-3, Residential district, upon annexation into the
City of Kalispell.
SECTION IT— The balance of Section 27.02.010, Official Zoning
Map, City of Kalispell Zoning Ordinance not amended hereby
shall remain in full force and effect.
SECTION TTT- This Ordinance shall be effective thirty (30)
days from and after the date of its final passage and approval
by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
THIS DAY OF ,1997.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
j\wp\ord\vista 5
Flathead e €oal Development Office
723 5th Avenue Fast - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
December 19, 1996
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Vista Construction Annexation and Initial Zoning (aka Lonepine View Estates)
Dear Clarence:
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their
regular meeting of December 10, 1996, at 7:00 p.m. in the Kalispell City Council Chambers. During
that meeting they considered a request by Vista Construction for annexation into the city of Kalispell
and initial zoning from County R-4, a Two -Family Residential district, to City R-3, a (single-family )
Residential district. The property proposed for annexation is a subdivision located south of Sunnyside
Drive approximately 500 feet and a 60-foot wide roadway easement directly west of Ashley Creek
which provides access to the property. The area to be annexed will be known as Lonepine View
Estates, a residential subdivision containing approximately 9.4 acres.
A staff report was presented by Narda Wilson of the Flathead Regional Development Office, who
evaluated the proposal based upon the statutory criteria and recommended the proposed R-3 zoning.
She explained that the subdivision was designed, reviewed and approved with the intention of bringing
it into the city upon completion and zoning the property R-3, a single-family zoning district. The final
plat for Lonepine View Estates is being filed concurrent with this annexation request and will be
considered as a separate agenda item.
Please schedule this request for annexation and initial zoning for the December 30, 1996 City Council
work session and subsequent January 6, 1997 regular meeting.
Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you
have any questions regarding this matter.
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
4v_-'�- 4f��'
Therese Fox Hash
President
TFH/NW/sm
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Clarence Krepps
Re: Vista Construction Annexation
December 19, 1996
Page 2 of 2
Attachmero: FRDO Report #KA-96-08 and back-up materials
Draft Minutes from the 12110/96 Planning Board rneetinj-.4
Glenn Uskoski
Vista Construction, Inc.
14712 NE 820' tve
Debbie Gifford, City Clerk w/Att
RA_,ATRANSN4rr\KAN1996\KA96-9
VISTA CONSTRUCTION, INC.
FROM COUNTY R-4 TO CITY R-3
ZONING AND ANNEXATION STAFF REPORT #KA-96-8
AD REGIONAL DEVELOPMENTOFFICE
DECEMBER996
Vista Construction, Inc. has petitioned for annexation into the city limits of Kalispell and initial
zoning. This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. A public hearing has
been scheduled before the Kalispell City -County Planning Board and Zoning Commission for
December 10, 1996, beginning at 7:00 p.m. The Planning Board and Zoning Commission will
forward a recommendation to the Kalispell City Council for final action.
The applicant has proposed a zoning classification of R-3, a single family residential district,
under the City of Kalispell Zoning Ordinance. Currently, the property is zoned County R-4,
a Two Family Residential district, under the Flathead County Zoning Regulations.
The developer has petitioned annexation and initial zoning concurrent with application for final
plat approval of Lonepine View Estates, a 32 lot residential subdivision in southwest Kalispell.
When this project was initially proposed in February of 1994, a master plan amendment from
Suburban Residential to Urban Residential and a zone change from R-1 to R-4 was filed
concurrently on 250 acres in the southwest area of Kalispell. These amendments also included
the area known as Ashley Park
When the preliminary plat for Lone Pine View Lots subdivision was filed, it was intended that
the future rezoning of this property to City R-3 would be accomplished upon annexation to the
city.
A. Petitioner and Owners: Glenn R. Uskoski
Vista Construction, Inc.
14712 NE 82nd Avenue
Vancouver, WA 98662
Thor A. Jackola
Jackola Engineering
P.O. Box 1134
Kalispell, MT 59903
(406)755-3208
1
I ��
Til!''I'li! 14, 1 1 4,
The property proposed for annexation is located in the southwest part of Kalispell and
contains approximately 8.72 acres. The property can be described as Lot 2 of
Subdivision No. 117 and road easement located in Section 19, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
C. Existing zoning:
Existing zoning on this property is County R-4, a Two -Family Residential district which
is a residential district which allows duplexes and single-family dwellings. The minimum
lot size requirement is 6,000 square feet for a single family dwelling and 7,000 square
feet for a duplex.
City R-3 zoning has been proposed for this property. This is a Residential district which
allows single-family dwellings and low impact conditional uses. Minimum lot size for
the R-3 district is 7,000 square feet.
E. Size: The area proposed for annexation and zoning contains approximately 8.72 acres
and a road easement.
F. Existing Land Use: A new undeveloped subdivision, Lonepine View Estates, a 32 lot
residential subdivision comprises the the area proposed for annexation and initial zoning.
G. Adjacent Land Uses and Zoning:
The area is characterized by single-family residential development on small lots to the
north and east, larger tract parcels to the west and south.
North: Single-family residences; County R-4 and R-1 zoning
East: Single-family residences; County R-1 and City R-I
South: Undeveloped; County SAG-10 zoning
West: Single-family residences; Chy R-1 zoning.
H. General Land Use Character:
This area is a transition are between the urban fringes of the city of Kalispell and the
more rural outlying areas of the county. Most of the development in the area is single
family residential.
I. 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.
0)
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
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.
1. Does the requested zone comply with the Master Plan?
The property is designated by the Kalispell City -County Master Plan as "Urban
Residential" which is defined as allowing two to eight units per acre. The requested R-3
zoning classification is in conformance with that designation since it allows up to seven
units per acre.
2. Is the requested zone designed to lessen congestion in the streets?
No change is anticipated in the potential congestion by changing the zoning from County
R-4 to City R-3 because of the similar density and uses allowed in the districts.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access, turnaround and water supply is available to the site in the case of a fire.
No features on the property exist which would compromise the safety of the public. Any
new construction would be required to be in compliance with the building safety codes
of the City which relate to fire and building safety. All municipal services including
police and fire protection, water and sewer service are available to the area.
4. Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare by
restricting land uses to those that would be compatible with the adjoining properties and
promoting the goals of the Master Plan.
3
5. Will the re adequate land air?
ight -quested zone provide for ad —
Setback, height, and coverage standards for development occurring on this site are
established in the Kalispell Zoning Ordinance to insure adequate light and air is provided.
6. Will the requested zone prevent the overcrowding of land?
A change in zone from County R-4 to City R-3 will not result in any increase in the
density which is currently allowed, but would actually reduce the allowable number of
dwellings. All public services and facilities will be available to serve the site. This zone
change will not result in an overcrowding of land.
7. Will the requested zone avoid undue concentration of people?
Minimum lot standards and use standards as well as subdivision development standards
will avoid the undue concentration of people at the time the property is developed.
8. Will the requested zone facilitate the adeauate grovision of tr,a.nsT)ortation, water.
sewerage, schools. parks, and other public re
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are available.
9. Does the requested zone Rive consideration to the particular suitability of the property
f for particular uses'?
The proposed R-4 zoning district is consistent with the surrounding zoning and land uses
in the area and gives due consideration of the suitability of this property for the permitted
uses in the district.
10. Does the requested zone _give reasonable consideration to the character of the district?
The general character of the area is single family residential development. The same
type of development can be anticipated to occur on this property and will be consistent
with the character of the district.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-3 zoning will promote
compatible and like uses on this property as are found on other proper -ties in the area.
12. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
Small lot residential development should be encouraged in areas were services and
facilities are available such as is being proposed on this parcel. The proposed zoning is
consistent with the master plan and surrounding zoning in the area.
0
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 Vista Development, Inc. upon annexation.
EXISTING SERVICES:
Water: An 8" water line has been installed as to the subdivision known as Lonepine Estates
along with two 8" inch mainline 6" fire hydrants.
Sewer: An 8" sanitary sewer line has been extended by the developer throughout the subdivision
according to City specifications.
Roads: Access to the property will be provided by way of roadways leading to and inside the
subdivision which have been built according to City standards. Access to Sunnyside Drive is
by way of a road easement through Lot 1 of Subdivision No. 117 which will also be annexed
to the city.
Storm Drainage: The storm drainage system has been reviewed and approved by the Kalispell
Public Works Department and the State Department of Environmental Quality. All necessary
improvements have been installed by the developer.
Other City Services: Police and fire protection, as well as refuse collection services, will be
available to the area upon annexation to the city. The Fire Department has reviewed and
approved the hydrants and their locations.
Construction Standards: The extension of public infrastructure such as water and sewer have
been installed in accordance with all City of Kalispell standards, specifications and requirements,
and the cost has been borne by the developer.
1. ,: � � •. �
Any necessary improvements to the area proposed for annexation would be the responsibility of
the developer. No special assessments or financing appear to be required.
HA \ ... \REPORTS\KA\96\KA-08. RPT
Extension of municipal services to the subdivision to City standards has taken place, and have
been reviewed and approved by the Kalispell Public Works Department. Adequate access is
available to serve the property and any future development will be consistent and compatible
with existing development in the area. Insignificant impacts will result from the rezoning this
property to R-3.
• � �) � 4 10) 0-
It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt
Staff Report #KA-96-8 as findings of fact and forward a recommendation to City Council for
initial zoning of R-3, a Residential district, upon annexation into the City of Kalispell.
t p r r ;��.�rELOP EN �s .INC. Air '
FILE #
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In Favor Bill Breen, 335 Mountain Meadow Road, offered the same support as
his previous testimony. He added that there Is an element of
predictability that is desireable in the plan, I think this is good for
landowmers, for developers, the real estate industry, and this would be
another advantage we would have in specifying the clustering provisions
and performance standards that we have come up with.
No one else spoke either in favor or In opposition to the proposed
overlay provisions to the Vest Side Zoning District. The public hearing
was closed and the meeting opened to Board discussion.
Board Discussion The Board agreed with the recommendation to delete the word "AauW,
and to replace pages 7-8 and Exluu'bits I and 2 as indicated in the memo
to the Board from Steve Kountz, dated. December 3'd.
Motion Kennedy moved to adopt report #FZC-96-9 as findings of fact, with the
changes as noted, and forward a favorable recommendation to the
Kalispell City Council and Flathead County Board of Commissioners,
for adoption of the proposed zoning regulations in establishing the West
Valley overlay to the West Side Zoning District, Conner seconded. On
a roll call vote Johnson, Bahr, Conner, Kennedy, Brenneman, Sanders,
Carlson, and Hash voted aye. The motion carried unanimously in favor.
SAMARITAN A request was received to continue until the February 11, 1997 p1mming
HOUSE board meeting the public hearing on a request by Samaritan House, Inc.
CONDITIONAL for a conditional use permit to allow the construction of a homeless
USE PERMIT shelter in the RA-1, Low. Density Residential Apartment district,
VISTA The next public hearing was introduced on a request by Jackola
CONSTRUCTION Engineering on behalf of Michael Spring for Vista Construction for
ZONE CHANGE annexation into the City of Kalispell and initial zoning from County R-
FROM COUNTY R.- 4, Two -Family Residential, to City R-3, Residential. The property
4 TO CITY R.-3 proposed for annexation is a 60 foot wide roadway easement directly
UPON west of Ashley Creek connecting to property south of Sunnyside Drive
ANl'NEXAnoN approximately 500 feet. The area to be annexed will be known as
Lonepine View Estates and contains approximately 9.4 acres.
Staff Report Wilson presented an overview of report #KA-96-8. The application was
reviewed in accordance with the statutory criteria and was recommended
to be zoned R-3 upon annexation into the City. The 32-lot subdivision
was designed with the City R-3 standards in mind.
Kennedy asked about the access to the subdivision being in the County.
7
Wilson responded that city water and sewer lines are in Sunnyside
Drive, however, since a mutual compromise could not be reached with
the County, Sunnyside Drive will remain a county road.
Public Tearing The public hearing was opened. No one spoke either in favor or in
opposition to the proposed zoning upon annexation. The public hearing
was closed and the meeting opened to Board discussion.
Board Discussion The Board commented that this area is not contiguous to the City in any
direction, nor is there is any other City R 3 in the vicinity.
Wilson explained that the developer's intention was to create a single
family subdivision. The City R-4 is a Two Family Residential distriet.
It is consistent with the urban residential density and is designated in the
master plan. The developer obtained a master plan amendment to
accommodate this development.
Kennedy questioned that the subdivision will be accessed from a county
road and then it will be a. city street in the subdivision.
Bahr felt it was commendable that the developer proposed a single
family development rather than have duplex lots in the area,.
Motion Bahr moved to adopt report #KA-96-8 as findings of fact and forward a
favorable recommendation to the City Council for an initial zoning of R-
3 upon annexation into the City of Kalispell. Johnson seconded. On a
roll call vote, Conner, Kennedy; Sanders, Carlson; Bad,, -Johnson, ___._ .
Brenneman, and Hash, vote aye. The motion carried 9-0.
APPLEWAY DRIVE The neat agenda item was a request by the Flathead County Board of
/ TWO MILE DRIVE Commissioners for annexation of certain properties known as Appleway
CITY ZONING Drive and a portion of Two Mile Drive into the City of Kalispell and
UPON initial zoning. Various zoning districts are proposed consistent with the
ANNEXATION zoning of personal properties located north and south of the centerline of
these roadways. The properties proposed for annexation are located in
Sections 12 and 13, Township 28 North, Range 21 West, P.M.M.,
Flathead County.
Staff Report Wilson presented an overview of report #KA-96-7, which reviewed the
request in accordance with the necessary criteria. This is primarily a
housekeeping matter to bring the roadways with the City water and
sewer mains into, the City with initial zoning consistent with the zoning
north and south of the roadways. Staff recommended. approval.
Public Hearing The public hearing was opened.. No one spoke either In favor or in
opposition to the proposed initial zoning of the roadways. The public
hearing was closed.
Board Discussion Carlson noted that the property owners located north of Appleway
Drive, are in the County, are going to cut off and surrounded by City.
He wanted to know if those property owners had been notified?
Wilson replied that they will be completely surrounded by City and
could be annexed with no right to protest. They had not been notified of
the annexation of the roadway.
It was noted for the record, that the vicinity map attached to report 4KA-
96-7, be corrected to reflect a B-2 mixing south of Highway 2 West,
rather than RA-1.
Motion Kennedy made the motion to adopt staff report #KA-96-7 as findings of
fact and recommend to City Council that the initial zoning for the
roadways to be annexed into the City be zoned consistent with the
zoning north and south of the centerline. Bahr seconded. On a roll call
vote Brenneman, Sanders, Johnson, Bahr, Kennedy, Conner, and Hash
voted aye. Carlson voted no. The motion carried 7-1 in favor.
KOENIG ZONE The nerd public hearing was introduced on a request by Lana Koeaaig oa
CHANGE FROM behalf of Agnes O'Hare for a zone change from R.-2, Single Family
COUNTY R-2 TO Residential, to B-2, General Business. The property being proposed for
COUNTY B-2 rezoning contains approximately 2.6 acres and is located south of
Highway 2 East approximately 600 feet east of the Stillwater River.
This property is in the Evergreen and Vicinity Zoning District.
Stag` Report Wilson gave a presentation of report #FZC-96-08, which reviewed the
request in accordance with the statutory criteria. Based on the findings,
staff recommended the zone change request from R.-2 to B-2 be granted.
Public Hearing The public hearing was opened to those in favor of the zone change.
In Favor Lana Koenig, representing the applicant, spoke in favor.
There was no one else who spoke either in favor or in opposition. The
public hearing was closed.
Board Discussion The Board asked for clarification on the parcel of land that is located in
the lob year floodplain, and the piece being a split zone.
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Wilson explained that the applicant will do a boundary line adjustment
to add 2.6 acres to Tract 3, to the north., which is zoned B-2. The
remainder of the parcel will remain as the original parcel 1, zoned R-2.
Being in the floodplain does not effect the zone classification. The
parcel will not be a split zone.
Motion Bahr moved that report #FZC-96-08 be adopted as findings of fact, and
forward a favorable recommendation to the County Commissioners to
grant the zone change as requested from R-2 to B-2. an a roll call all
members present voted aye. The motion carried unanimously.
OLD BUSINESS Wilson gave an update on the South Woodland / Greenacres
Neighborhood Plan, It was approved by the City Council and is
scheduled for public hearing at the County Commissioners December
23'� The area looked at for zoning was annexed by City Council, with
the date for annexation to be July, 1997,
The Gardner Auction request was scheduled for City Council discussion
on Monday, December 16''.
There was no other old business,
NEW BUSINESS There are no public hearings scheduled is January. The County
Commissioners will appoint Hoard members can December W. Hoard
openings were discussed.
Kennedy wanted to do a telephone poll in January to elect the member -
at -large, rather than have a meeting. This was deemed to be
inappropriate, and a noon meeting was suggested to elect officers and
the member -at -large.
There was no other new business.
ADJOURNMENT There being no further business to discuss, the meeting was adjourned at
8.50 P.M.
Therese Fox Hash, President Elizabeth Qntko, Recording Secretary
APPROVED:
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