Staff Report/Annexation & ZoningREPORT TO:
FROM;
SUBJECT
MEETING DATE:
Tri-City P
17 Second Street East — suite 211
Kalispell, Montana 59901
Phone: (406) 7 1.-18 0
Fax: 406) 7 1-18 8
tricity*centu rytel.nct
ww.trici typian ii in-mt.coni
Kalispell Mayor and City Council
Narda A. Wilson, Senior planner
Frank Garner, Acting City Manager
Larry & Sandy Heusher -- Initial Zoning Upon Annexation of R-3 and
- , Country Way South
September 7, 2004
BACKGROUND. This is a. request by Larry and Sandy Heush.er for an initial zoning
desi.gnat:ion. of -, Urban Single Family Residential, and -4, Two Fam'ly Residential, on
approximately 12.E-5 acres. The property proposed for annexation lies on the west side of
County Way South., between County Way and Granrud Drive. A request for preliminary
plat approval of Stillwater Bluffs, a 32 Lot subdivision has been filed con.clarren.tly with the
request for annexation and initial zoning. Currently the property is in the County zoning
jurisdiction and is zoned -1, Suburban Residential. The eush.er's single family y home is
currently on the property and will be removed at the time the property is developed.
A public hearing was held before the Kalispell City Planning Board at a. meeting of August
10, 2004 regarding this proposal. Two people from the neighborhood spoke in opposition
to the proposal and two people from the neighborhood spoke in favor. Objections were
based on density and traffic. Support was based upon expansion of the city in this area
and connection to sewer and water with new development.
After the public hearing the hoard discussed the annexation. They agreed that it was
reasonable for this property to be brought into the city and noted that there were other
similar developments in the immediate area. A motion was made and passed unanimously
to forward a recommendation that initial zoning for this property should be - , Urban
Single Family Residential, and R - , Two Family Residential, upon annexation to the city,
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 and
zoning upon annexation would he in order.
FISCAL EFFECTS
ALTERNATIVES.
Minor positive impacts once fully developed
As suggested bv the city council.
J
Frank Garner
Acting City Manager
Providing Community Planning Assistance To:
sty of Katispell * City of Whitefish * City of Columbia Falls
e sh r Annexation and Initial Zoning
August 27, 2004
Page 2
Report omp l d: August 27, 2004
c: Theresa White, Kalispell City Clerk
Attachments: nts: Transmittal letter
Staff report KA-04-9 and application materials
Draft minutes from 8/10/04 planning board meeting
TRAI \DISPEL\2004\KA04-9 E O
RESOLUTION No, 4932
AL "r Q �T T T-V'f�' j 'TP�i Y)TD f17T-TN� U"TT �YT-' k T rT'Tr � A �T"NT �U IrT-I'V . �T TAT" & "ter, C " ,+
'A I%JVW 0 "1 -4 U 1 T"I 1 1 " i MA-P T i" L' r 'kj AX 1 I I JUA 1 &L � � IN ti JL 1 Xy 11 "-` i l iL "ky U 11" tN WL 1� 0 "-F
THE CITY of KALI PELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON L 14I IT "A",
LOCATED IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P#M. I.,
FLATHEAD COUNTY, MONTANA, To BE KNOWN AS HEUSCRER ADDITION O. 35 ;
To ZONE SAID PROPERTY IN ACCORDANCE VITH THE KALIS ELL ZONING
ORDINANCE, AND To DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Larry and Sandy Heuscher, the
owners of property located on the east side of Country 'may South between Granrud
Lame and Country Way, requesting that the City of Kalispell annex the territory into
the City, and.
WHEREAS, the Tri-City planning Office has made a report on the Heuschers Annexation
Request, #KA- 04-9, dated August 2, 2004, and
WHEREAS, the Kalispell City planning Board and zoning Commission recommended that the
territory he zoned City R-3, Single Family Residential, on approximately 2.75 acres
of the 12.45 acres, and City R--4, Two Family Residential, on the remaining 9.25
acres upon annexation into the City of Kalispell, 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, ORE, 1T RESOLVED BY THE CITE" COUNCIL OF THE CITY OF
KALI P ELL AS FOLLOWS:
SECTION 1. That all the real property as described on Exhibit "A� � he annexed to
the City of Kalispell ispell and the boundary of the City is altered to so
provide, and shall he known as Heuscher Addition N o . 352.
SECTION 11. Upon the effective date of this Resolution, the City Clerk 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, 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 sub ect to all debts, 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 he zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION , This Resolution shall be effective immediately upon passage by the
City o n il.
PASSED AND APPROVED BY THE CITY COUNCIL .AND SIGNED BY THE MAYOR OF THE
CITY OF KLI PELL, THIS 7TH DAY OF S PTEM E , 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning
17 Second Street East — Suite 211
Kalispell, Montana 59901
imiL n-- i Afkr% PTL-0 I O&A
11vil1C. k`tuuy j 00- x 00V
Fax; (406) 7 1-1858
trlcjitveuty rytel. net
www.tricitypianiiing-mt.com
August 27, 2004
Frank Garner, Acting City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re- Lanny c Sandy Heusher - Initial Zoning Upon. Annexation of - , Urban Single
Family Residential, and. -4, Two Family Residential, Country Way South
Dear Frank:
The Kalispell City Planning Board met on. August 10, 2004, and held a public hearing
to consider a re qu eat by Larry & Sandy lieu sher for an initial zoning designation of R-
, Urban Single Family Residential, and -4, Two Family Residential on approximately
12,45 acres. The property proposed for annexation lies on the east side of Country
Way South between Granrud Lane and Country Way. The property is curreritly in the
county and is zoned County .-1, Suburban. Residential.
arch. Wilson of the Tri-City Planning Office presented staff report KA-04-9,
evaluating the proposed zoning. Staff recornrnended initial zoning of City -, Urban
Single Faraily Residential and -4, Two Family Residential which is consistent with
current zoning of the area.
t the public hearing the applicant and two individuals spoke in favor of the zoning of
this property to R-3 and. R-- - and 2 individuals spoke in apposition stating the density
was too great, the road was inadequate to handle the increased traffic, and the safety
of children who play in the area. After the public hearing the hoard discussed the
request and a. motion to recommend - and -4 zoning upon annexation passed on a
unanimous vote.
Please schedule this utter for the September 7, 2004 regular Kalispell City Council
rueetin g, You may contact this hoard or Narda Wilson at the Tri- City planning Office
if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Ge ge aylor
resident
Providing Community Planning Assistance o:
City of Columbia. Falls * City of Kalispell * City of Whitefish
Heus er Annexation and Initial Zoning
Page
GT/ NW Ja
Attachments: Petition to annex(original)
Exhibit A — legal description
Staff report KA-04-9 and application materials
Draft minutes / 10 f 04 planning board meeting
c w Att: Theresa White, Kalispell City Clerk
c w/o .Att: Larry & Sandy Heusher, 545 Country Way South, Kalispell, MT 59901
Montana Mapping Associates, 115 Valley View Drive, Kalispell, MT
01
TRANSMIT/KALISPELL/ 2004 f KA04-09
Heusher Annexation and Initial Zoning
Au.gust 7, 004
Page
EXHIBIT A
LARRY & SANDY RERER
ANNEXATION AND INITIAL ZONING OF R- R-
LEGAL DESCRIPTION
Parcels I & 2 of Certificate of Survey N o . 15145 in Section. 31, Township
North, Range 21 West, .M.M., Flathead County, Montana.
PETITION TO ANNEX
AND
NOTICE of WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the sane basis and in the sane manner as such services
are provided or made available to ether properties within the rest of the municipality.
Petitioner(s) hereby state th-at there is no need to prepare a Municipal .Annexation Service Plan for
this annexation pursuant to Section 7- -46 10, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petltioners further herein express an intent to have the property as herein described
withdrawn from. the :ram Rural Fire District under the provisions of Section
7- 3- 127, Montana Code A�dnotated.; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs} assigns, successors in interest} purchasers, and any and all subsequent
holders or owners of the above described property.
Ibis City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7- -4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
• f
Pe4' i e ` :s rc Date
tip, -
Petltionr n" Date
Please return this petition to:
ri- ity Planning office
17 "" t East, Suite 211
Kalispell MT 59901
NOTE: You must attach an Exhibit A drat provides a bona fide legal description of the property
to be annexed that has been reviewed and certified by the Flathead County Plat Room.
STATE OF MONTANA )
ss
County of Flathead County
On thiday
s�2
of f w �before me the urdersi ned Notary public for
- _
tS40
the State of Montana, personally appeared_ s` known
to me to be the person whose name is subscribed to the foreuc incy instrument and acknowledged
to me that he/she executed the same.
fN WITNESS WHEREOF, I have hereunto set my hand and affixed nay Notary Sea] the day and
year in this certificate first above written. - h
otary4ub c, State of Montana
Residing at
My Commission expires:
- -. / ' o.... ......
. -
STATE OF MONTANA
ss
County of Flathead County
On this ................_ day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to nee that he/she executed the same.
fN WITNESS WHEREOF, I have hereunto set any hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA
ss
on, of Flathead
On this �y. —day of The State of Montana, personally appeared
Notary Public, State of Montana
Residing at
My Commission expires:
before me, the undersigned, a Notary Public for
and
the and
a respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNTSS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written
Notary Public, State of Montana
Residing at
My Commission expires ��
LARRY AND SAND" HEUSHE
REQUEST FOR INI ILAL ZONING OF R-3 AND R-4 UPON ANNEXATION
TRI-CITYPLANNING OFFICE
STAFF REPORT KA-04- 9
AUGUST 2, 2004
A report to the Kalispell City Planning Board and the Kahspeli City council regarding
the .initiad zoning of R-3 and -4 upon acme ation to the city an Propel m northwest
Ka.lispe . A public hearing has been scheduled before the planning hoard for August
2004 being at 7:00 PM M the Kalispell City Council Chambers. The planes m
board will forward a recor=enda.ti on to the Kalispell City Council for dal action.
BACKGROUND INFORMATION
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 7.0 .010(4) of the Kalispell Zoning Ordinance. The property
owners have petitioned annexation and initial zoning classifications of -, Urban
Single an-ily Residential, and - ,Two--Fana.ly Residential. The property is in the
County zoning jurisdiction and is coned County R-1, a Suburban Residentiai district.
This property wi be annexed under the provisions of Sections 7- -4601 through 7- -
6107 M. C, A. Annexation by petition. A preliminary plat creating 32 lots on
approx1mately 1 .45 acres has been filed concurrently nth the petition to annex.
Petitioner and. Owners: Larry and Sandy Heusher
545 Country Way South
Kalispell, MT 59901
(406) -05
Technical Assistance. Montana Mapping Associates
115 Valley View Drive
Kalispell, MT 59901
18. Location and Legal Description of Property: The property proposed for
annexation on lines on the east side of Country Way South between Granrud Lane
and Country Way. The property address is 545 Coiantry Way South and can be
described d as Assessor's Tracts 5H and 5HA in Section 31, Township North,
Range 21 pest, P., . ., F la.t head �0Junty, Mont -ma.
. fisting zoning: The property i s currently in the Count y zoning jurisdiction and
is zoned -1 # Suburban. Residential. The s burbau residentiol district is intended
to serve as an area where limited density would be encouraged such as in the 100-
year f.00dpl.ain or on steep slopes or in areas where estate type development is
anticipated and public water and sever services are not available.
D. Proposed Zonmg. Two zoning designations are being proposed for this property
to reflect the type of development being proposed. An approximately 2.75 acre area
of the a pro.)='ately 12.45 acres is being proposed to be zoned City - , Urban
Single Family Residential, where lots for sirigle family dwellings are planned.. The
remaining portion of the property is being proposed for City R-4, Two-Fanily
Residential, to accommodate two unit townhouses within the subdivision.
The R-3 zoning district is intended primarily for detached single-family dwellings.
It has a MM'imum lot size requirement of 7,000 square feet and a mi.nanurn lot
width of 60 feet. Setbacks are 20 feet in the front and rear and teri, feet on the
side. The -4 zoning district is intended pru' nail for single-family dwellings, two
unit townhouses and duplex development. The minimum lot size for the district is
,000 square feet and a minimum lot width of 50 feet with setbacks of 15 feet m
the front, 10 feet in the rear and 5 feet on the sides.
E. Size: The property proposed for annexation and initial zoning contains
approximately 1 .45 acres.
F. Fadsting Land Use- Currently this property is being used for a single-family
residence where the property owners live.
G. Adjacent Lana Uses and Zoning* The immediate area is characterized by single-w
fa.rn_f.y homes on urban sized lots in the area to the cast and single-family homes
on the larger lots to the north and south. The Stillwater River lies to the vest,
IN orM 9 .urge lots WIM single-famil 'homes, oianty . - I zoning
East: Single -fan .l homes; City RA- I zoning
South: Single family homes, County - l zoning.
West: Stillwater River and ag land, County SAG-10 on.i g
H. General Lard UseCharacter.- The area can be described as an area in tra.nsiti.on
with urban sized lots to the east and south were public utilities have been extended
to Glacier Commons axed Buffalo Stage. Single family homes lie to the north in
County Village Subdivision and are large lots and there are large lots to the south
that are in the County.
1+ Availability of Public Services and Extension, of Services: Public services,
including City water and sewer can be provided to this site. Public water and sever
were extended into the area with other development M' the u'nm ediate area. water
services are provided by the Evergreen Water District and sewer services are
provided b)r the it�r of Kai speh. water and sever are to the east of this propel
in the Glacler Commons subdivision. Mains would be extended to service the
property.
VALUAT ON BASED ON STATUTORY CRITERIA
The statutory basis for rex owing a. change in. zoning is set forth by 7 6 - - 20 5.1 M.C.A.
Findings of fact for the zone change request are discussed relative to the itern-lZed
criteria. ,described by 6- - 03, M.C.A.
1, Does the re nested zone: compiv with the growth policy';'
The property is designated by the Kalispell Growth Policy 2020 as "Urban
Residential" which is defined as anticipating 4 to 12 dwellings per acre. Because
of the plans for the provision of public water and sewer to the site, the proposed
orii.n.g designations are in compliance with the growth polio designation. The
property owners are proposing the creation of ten lots intended for single family
dweffin s and 22 sublots intended for two unit townhouses. A portion of the
property is defined by steep slopes to the Stillwater River that lies to the west and
a drainage swale to the nor ffi. The overt density of the 12.45 are parcel is
being proposed at approximately . 7 d.welling units per acre. The proposed
zoning c nnplies with the type of development anticipated under the growth
policy.
. Is the reguested zone desiM d to lessen congestion in the streets?
It can be anticipated that the proposed d. veioprnerit of the property that will be
associated with the zonffig will increase traffic i.rnpacts in the area due to the
undeveloped nature of the area currently. Traffic impacts to the area can be
accommodated with the existing roadway y systems at hand.. The proposed re-
zoning carries with it the checks and balances, including the need for subdivision
review, which will ensure that traffic flows and access are appropriately
addressed. The potential densities afforded by this zone wffl not overtax the
e�d.sti.ng road. wstem.
3. Will the requested zone secure safeiy from fire, panic, and other dangers?
At the time this property is developed, the propel owners will be required to
ensure that there are adequate accommodations in the case of an emergency.
There are no features related to the propel which would compromise the safety
of the public. New construction on will be required to be in compliance with the
building safety codes of the City which relate to fire and building safety. AR
municipal services including police and fire protection., waiter and sewer service is
available to the Proper and i�,ill be utilized at the time another lot is created in
the future.
4. Will the requested zone promote the health and general welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be compatible with the a.dj pining
properties and provides a place for new housing M the community.
Willtla r enestled. zone r id e f0r ads uat� hUght and. air?
Setback, height, and coverage standards for development occurring on this site
are established in. the Kalispell Zoning Ordinance to ensure adequate light and
air is provided.
6. Wes.. the requested zone prevent the overcrowding f l.and-P
s previously noted this area, has been anticipated for urban residential
development and since public water and sever are available to the area. the
urban land use designation is appropriate. The anticipated density fuels within
the proposed mooning esigna.ti n.s. �� public ser s and faci
d li.ti es v li be
available to serve this propert . An overcrowding of land would occur if
A
nfrastructure were inadequate to accommodates the development in the area.
This is unlikely to occur.
7. Will the requested zone avoid undue concentration of people.
n increase in the number and concentration of people in the area will likely
result after this land has been, converted from a -very low density rural home site
to a. more intensive residential use. However, the intensity of the uses of the
property would be in direct relationship to the availability of public servIlces,
utilities and facilities as well as compliance with established design. standards.
The design standards a d avaRability of facilities would provide the structure
needed to ensure that there will not be an overcrowding of the land or undue
concentration of people. Mirtimum lot standards and use standards as well as
siabdivision development standards will avoid the undue concentration of people
at the time the property is further developed.
Will the requested zone facilitate the a.de uate provision of transportation, iva.ter,
sewerage, schools, arks. and other public requirements?
Public service, faces ties and infrastructure would be made available to the
developer. The developer would need to extend the needed City services that are
not currently extended to the property at the developers' expense and in
accordance with the it 's policies and standards. New improvements to the
Property such as roads, water, surer, parks and drainage would be installed in
accordance with City policies and standards at the developers' expense thereby
irisuring that there is adequate provision of services to the site prier to
development. Fire, police, ambulance and public access are adequate to
accommodate potential irnpacts associated with the development of this site.
There wiff be impacts to services that can be anticipated as a result of this
proposal which can be met by the City. 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 consideration to the particular suitabzli of the
prope,rtY For particular uses?
propose. -Zoning the for or r .ngre development plans as reflected in the
recently adopted Kallspef. Growth Policy for this area and provides opportunities
for housing in a. development that is compatible with surrounding land uses with
the extension and provision of public sec ces within reasonable prox rni.ty to the
City core. The proposed zoning l provide the basis for the future land uses on
this property, in accordance with the Kalispell Growth Policy. This rezoning gives
great consideration to the suitability of this property for the proposed use and
concurrent zoning proposal.. The proposed zoning is consistent with the
anticipated land uses in the area and gives due consideration of the suitability of
this properry for the permitted uses in the district.
10, Does the requested zone .yve reasonable consideration to the character of the
district?
The general character of the area is transitional between the urban and rural
fringes of the City its. The proposed zonmg allows this development to address
needs within the cornmunity for housing and support services on public services
and in reasonable proximity to the City- core. Recent annexations in -the area
indicate that this type of development will continue to occur on the Durban frin. ge s
of the community to be developed -with smear types of uses as is proposed with
this property, i.e. urban residential gather than rural. It appears that the
proposed rezoning gives reasonable consideration to the character of the district.
11, Will the proposed zone conserve the value of biii..ldin9
There is a single-family residential subdlvislon to the north developed with larger
lot sizes. The development anticipated under the proposed zoning is more intense
m nature than that of other properties ire the areas to the north and south
because of the availabilit�v of public services and utilities. However, the City
-4, -3 .-..� A 11 4.1� , 4- 4-1..� : , T 14 .-.1 a 4-.-, � �J r. ,r .1 �1-- 4 'I I A-.1_
value of buildings and homes is protected, maintained and conserved. Value of
the buildings in the area wiH b conserved because the zoning will promote
compatible and like uses on this property as are, found on other properties in the
area.
122 Will the rc jested zone enco .ra e the most ..aRpropnate use of the land
throughout the ry -unici ali ?
Urban scale residential development should be encouraged in areas were services
and fac hies are available such as is being proposed on this property-. The
proposed zoning is consistent with the master plan and surrounding zoning in
the area.
RECOMMENDATIONift
.
Staff recommends that the Kalispell City Planning Board and Zoning CommissIon adopt
the findings in staff report #KAA014-9 and to the KahjspeU pity that
the initial zoning for this property upon annexation be R-3 and R-4 as proposed.
NW
REPORTS \ KA � XA04-9 .. D C
T-City Planning Office
17 Second St East, Suite 211
Kaiipe, NIT 501
home: (406) '51-15) Fax: (406) 751-1 58
PETITION FORANNEXATION A_ND V41TUiL ZONING
CITY OF KA-L1PE1
NAME OF APPLICANT.�
srt � a�� L-1
MAI. ADDRESS;
CITY/STATE/ZIP', ' , y r �� x• .0 H -E. g f
L"
tNT RET IN PROPERTY: r
Other Pales of Interest to he Notified:
PARTIES OF INTEREST:. T: rI. 0 t )�
MAIL ADDRESS:
�1 T J 1 0 T 2`�L 1f � I
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING.
'DlJn'N,r
111%JL`€ :
Address of the property. 6�11-1 <
Legal Description:- -�-
Lot and. $ lock of Subdivision; Tract 41)
(Section, Township, Range) (A tac h metes and hounds as Exhibit 1
Land in project (ac)rr, ..
The present zoning of the above property is:
The proposed zoning of the above property is: flu
State the changed or changing conditions that make the proposed amendment necessary:
ana
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The sicrni g of this application siglni es that the 1bre'roir c,.r Info ration is True and accurate based upon the
hest inWrmation vai ahie and iii h r crrants u provai for Tri- i t v P l ann- ire. � s tad Ito b,e pr es, nt n Lh�
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pr r r urine inspection .uric �he n nexadon process.
(Date
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APPLI.--kTI 1 1 PROCESS
Pre -Application _Meeting..
Adiscussion with the planning director or designated member of staff` must precede filing of this
application. Among topics to be discussed are: the application procedure, compatibiliry and
COMPHance with the Groff Policy and compatibility of the proposed coning with surrounding omm�g
classifications.
Completed application form.
Completed Petition to Arine and Notice of Withdra ai from Rural Fire District form, including an
Exhibit . tegat description of the property.
A list of all property owners within l _5 0 feet of the subject eet property(excluding public streets and right o
ways) with mailingaddresses. See example below.
See-Twn:�r
Lot/Tract No
ProperW Owner & Mailing, Address
Annexation and Initial Zoning Fee made pa abto to the Tri-City Planning ice.
Residential l acre orless) no fee
All other annexations;
Over 1 acre - 10 0 for first acre �- S t _5 per acre over t acre
T A bona fide legal description of the property from a recent survey, title report or deed which accurately
describes the property to be annexed,
As approved. by T P . Effective J / � � f'�
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VICINITY AP
UT
SANDY HE", -,.,CHER
R
TTi�NNhXATION & II.ITIAL Z N NG OF
TWO
FAMILY R-EIDENTIAT ND R
T
URBAN SliN GLE Lj A A
L
ITT A-L. F'lr LSD C 0 N C�` RRE NTLY WITH
Y RESIDE11
i_ On _DT,AT
PLOT DATE: 5/121/04-
H:\gi:s' site\ kaO4--9.dwg
T L
ORDINANCE NO. 1510
AN ORDINANCE TO AMEND SECTION 7.0 ,010, OFFICIAL ,BONING MAP, CITY OF
ALI PE LL ZONING ORDINANCE, (ORDINANCE . 1460).) BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS H AND 51 A IN SECTION 31,
TOWNSHIP 29 FORTH, RANGE 21 WEST, F*M.M. FLATHEAD COUNTY, , MONTANA
(PREVIOUSLY ZOl ED COUNTY R-1, SUBURBAN BA RESIDENTIAL) TO CITY R-3 AND
CITY -4 (SINGLE AND TWO FAMILY RESIDENTIAL), IN ACCORDANCE C'E WITH THE
I ALI PELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE,
WHEREAS Larry and Sandy Henscherr, the owners of the property described above petitioned the
City of Kalispell that the zoning classification attached to the above descn'bed tract of
land be zoned -3, Single Family residential, on approximately 2.75 acres of land,
and City -4, Two Family Residential, on approximately 9.25 acres of land, and
WHEREAS, the propel is located on the east side of Country Way South between Granrud Lane
and Country Way, and
WHEREAS, the Heuscher's petition was the subject of a report compiled by the Tri-City Planning
Office, StaffReport # A-0 -9, dated August 2, 20049 in which the Tri-ityPlannin
Office evaluated the petition and recommended that the property as described above
be zoned - , Single Family Residential and R-4, Two Family residential as
requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described r- , Single Family Residential and r-4, Two Family Residential, the City
Council finds such initial zoning to he consistent with the Kalispell Growth Policy
2020 and adopts, based upon the criterion set forth in Section 7 - - 0 , M. .At, and
State Etc. v. Board ofCo ny Commissioners, Etc. 590 P d 602, the findings of fact
ofTCPO as set forth in Staff Report No. KA-04-9.
NOW THEREFORE, ORE, E IT ORDAINED BY THE CITY COUNCIL F THE CITY OF
ALISFELL AS FOLLOWS:
SECTION I. Section 7.0 .010, of the Official Zoning Flap of the Kalispell
Zoning; Ordinance, (Ordinance No. 14 0) is hereby amended by
designating; the property described above as R- , Single Family
Residential on approximately 2.75 of land, and R- ,'Two Family
Residential on approximately 9.25 acres of land.
SECTION 11. The balance of Section 7, 0 .010, Official Zoning Map, City of
Kalispell Zoning Ordinance not amended hereby shall remain in full
force and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the
date of its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY C OUNEL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 0TI- DAY OFSEPTEMBER, 2004.
ATTEST:
Therese. White
City Clerk
Pamela. B . Kennedy
Mayor