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Staff Report/Annexation & Zoning, Lot 6EXHIBIT B MAP OF THE PROPOSED INDUSTRIAL TAX INCREMENT DISTRICT ez - 4�1 Acoft ---------- wv� mat a OLD SCHOOL STATION sftfimr— law;awl P-P& -m. foWgw 41� %WcpWwm gal P tmammiligeol !rpm REPORT TO: FROM: SUBJECT MEETENG DATE: City of Kali"spell Planning Department 17 -2."d Stred East, Suite 211, Kalispell, Montana 59901 Telephone.- (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplannm'g.com Kalispell Mayor and City Council Narda A. Wilson, Seru'or Planner James H. Patrick, City Manager Randolph and Linda Torgerson - Annexation and Initial Zoning of R-4, Two Family Residential, West Side of 7thAve West November 7, 2005 BACKGROUMD: This is a request by Randolph and Linda Torgerson for an M'Itial zoning designation of R-4, Two Family Residential on approxi-mately 0.57 of an acre upon annexation to the City. The property is located on the west side of Seventh Avenue West, north of Sunnyside Drive. A two lot subdivision will be filed subsequent to the approval of the annexation and request. There is an existing house and garage that will remain on the lot while the newly created lot wiH be developed with either a single family residence or duplex. The appheant needs to connect to City water and sewer in order to develop the property. Currently this property is in the County zoning jurisdiction and is zoned R-5, Two Family Residential. The zoning designations for the City and County are similar with regard to lot size and permitted uses. A public hearing was held before the Kahspell City Planrung Board at a meeting of October 11, 2005 regarding the initial zoning for this property. At the public hearing the property owners'surveyor spoke in favor on their behalf. No one else spoke either 0 in favor or in opposition to the proposal. After the public hearing the board discussed the proposal. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation to the city. RECOAUVIENDATION: A motion to approve the first reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: Positive impacts once fully developed. 0 ALTERNATIVES. As suggested by the City Council. Randolph and Linda Torgerson Annexation and Zoning November 1, 2005 Page 2 Respectfully subniitted, Na-rda A. Wilson Senior Planner Report compiled: November 1. 2005 c: Theresa White, Kahspefl City Clerk ames H. Patn*ck City Manager RESOLUTION NO, 5076 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOT 6 OF WESTERN ACRES LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS TORGERSON ADDITION NO. 370; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE, WHEREAS, the City of Kalispell has received a petition from Randolph and Linda Torgerson, the owners of property located on the west side of Seventh Avenue West, north of Sunnyside Drive, requesting that the City of Kalispell annex the territory into the City, and WHE RE AS the Kali spell Planning Department has made a report on the Torgerson " s Annexation Request, #KA-05-13, dated October 3, 2005, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential on approximately 0,57 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property as described above be annexed to the City, of Kalispell and the boundary of the City is altered to so provide, and shall be known as Torgerson Addition No. 370. SECTION H. 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 subject 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 111. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUN- C11L AND SIGNTED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF NOVEMBER, 2005. Pamela B. Kennedy Mayor ATTEST- ................ Theresa White City Clerk CI*tY of Kali*spell Planning Department 17 - 2nd Stred East, Suite -),11, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fav (406) 751-1858 Website: kalispellplannM*g.com November 1, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Randolph and Linda Torgerson - Annexation and lm'tiaJ Zoning of R-4, Two Family Residential, West Side of 7thAve West Dear Jim: The Kalispell City Planning Board met on October 11, 2005 and held a public hearing to consider a request for annexation and an initial zoning designation of R-4, Two Family Residential, on approm'mately 0. 57 of an acre. The property is located on the west side of Th Ave West and north of Sunnyside Drive. A plat will be filed for a two lot subdivision subsequent to the approval of the annexation and zom'ng request. Narda Wilson of the Kalispefl Planning Department presented staff report #KA-05-13 evaluating the proposed zoning. Staff recommended initial zoning of City R-4, T\vo Family Residential, based on the surroundm'g City zoning and the KahspeU Growth Policy. Rick Breckenzidge, the surveyor for the property owner, spoke in favor of the proposal stating the existing home and garage would be on one lot and the other lot would be developed. No one else spoke either in favor or in opposition to the request, After the public hearing the board discussed the property, its location and development potential. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation. Please schedule this matter for the November 7, 2005 regular city council meeting. You may contact this Board or Narda Wilson at the Kalispell Planning Department if you have any questions regarding this matter. Randolph and Linda Torgerson Annexation and Zoning November 1, 2005 Page 2 Sincerely, Kalispell City Planning Board George Taylor President GT/NW/rna Attachments: Petition to Annex Staff report #KA-05-13 and application materials MM'ute s of the 10 / 11 / 0 5 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Randolph &, Linda Torgerson, 669 S. Foys Lake Rd., Kalispell, MT 59901 RANDOLPH P. TORGERSON REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION KALISPELL PLANNING DEPARTMENT STAFF REPORT #KA-05-13 OCTOBER 3, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of R-4 upon annexation to the city of Kalispell. A public hearing has been scheduled before the Kalispell City Planning Board and Zonm'g C ommission for October I I �' 2 00 5 beginning at 7: 0 0 PM, to consider appropriate zoning for the property to be annexed. The plannm'g board w1fl forward a recommendation for appropn'ate zoning to the Kahspell City Council for consideration. BACKGROUND INFORMATION The applicant has petitioned for annexation and an initial zonmg designation of R-4, a Two -Family Residential district, on approximately 0.57 of an acre. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zonm*g Ordinance. This property WIR be annexed under the provisions of Sections 7-2-4601 through 7-2-4610,, M.C,A.,, Armexation by Petition. A, Petitioner I Ovuuer: Randolph and Linda Torgerson 669 S. Foys Lake Dr, Kalispell, MT 59901 (406) 752-2621 Technical Asslistance: Montana Mapping 1405 Hwy 2 West KahspeR, MT 59901 H, Location and Legal Descn*ption of Property: The property proposed for annexation and the initial zoning request is located on the west side of Seventh Aveniie West north of Sunnyside Drive. It can be described as Lot 6 of Western Acres located in Section 13, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. sting Zoning: The propertv proposed for annexation is in the West Side County zoning jurisdiction and is currently zoned R-5, Two -Family Residential, This district is defmed as "A residential district with minimum lot areas. Development within the district will require all pubhe latilities and all community facilities. Duplexes are allowed iri this district." Pe ed tises in this district are generaily Ihnited to residential uses. The condition�afly permitted uses allow some non-residential uses but those are limited to churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf courses. The minimum lot size requirement of the County R-15) zoning district is 5,400 square feet. D. Proposed Zonm'g: The proposed R-4, Two -Family Residential, zone allows duplexes and single-family residences as permitted -uses and has a minimum lot size requirement of 6,000 square feet and a width of 0-0 feet. The proposed City R-4 district more closely reflects the existing and intended uses for the property and is consistent with the other City zoning in the inamediate area. S='e: The area proposed for annexation and zoning contains approximately 0.57 of acre. E�ndstiug Land Use: The propertT proposed for annexation is occupied by a single family dwelLing and garage. The property owner intends to subdivide the property into two lots - G. Adjacent Land Uses and Zoning: The land use in the area is pr='arily single- family residential along with some duplexes and two unit townhouses. H. General Land Use Character: The general land use character of this area can be described as P ='arily residential with a n,:Ux of duplex and single family homes. This area can also be described as being on the urban fringes of Kalispell and there have been significant development pressures to the west, 1. Utilities and PubHc Sem*ces: All available public services and facihties wiH be provided to these properties at the same level of service as other properties simflarly situated in the city limits. Sewer-. City of KalispeU Water: City of Kalispefl Refuse: City of Kahspell or contract ha-uler available Electricity: Flathead Electric Cooperative & Telephone& CenturyTel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department .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 reauested zone comply with the. growth. -Policy? The property is designated by the Kalispell Growth Policy future land use map as "Urban Residential" which anticipates residential devetopment with a density of between four to 12 dwe g units per acre. Because of the provision of public water and sewer to the site, the proposed R-4 zonm*g designation is m compliance with the future land use designation for the area. The R-4 zoning has a nunimum lot size requirement of 6,000 square feet -with each lot allowm'g aL duple,x, or a base density of one dwelling per 3,000 square feet, This same zoning designation has been applied to most properties in the west Kalispe�'H area. The proposed zoning is in comphance with the anticipated land use for the area which anticipates a mix of single-family and duplex, dwelhngs in urban residential areas. 2 PQ 3� 5. 7. Is the requested zone designed to lessen conge tion M' the streets? Once the property is developed, aH of the new development wiH be constructed to City standards. Traffic in the area wiH increase insignificantly. The requested zoning designation and subsequent development of the site will not lessen congestion in the streets in the area, but this level and type of development is anticipated to occur as development of the area continues. Will the re. uested zone secure safety from fi-re,....12.anic, and other dana�rs? _q_ Adequate access and public facilities are available to the site In the case of an emergency. There are no features related to the property which would compromise the safety of the pubhc. New construction wfll be required to be in comphance with the building safety codes of the City which relate to fire and building safety. All municipal services including pohce and fire protection, water and sewer service is available to the area and wiH be extended as part of the development of this property at some pornt in the future. Will the reguested zone promote the health and general welfare? The requested zoruffig classification will promote the health and general welfare by rest-icting land uses to those that would be compatible with the adjoining properties and providing a place for new hous' ' the communit ing m _y. Will the reguested zone de for adequate light -and air? Setback, height, and coverage standards for development occurn'ng on this site are established in the Kalispell Zoning Ordinance to insure adequate hght and air is provided. Will the regnested zone wevent the overcrowding of land? As previously noted this area has been anticipated for urban residential development and now that public water and sewer are in close prox'='ty an R-4 zoning designation is appropriate. The antic' ated density fafls within the IP proposed R-4 zoning designation. All public services and facihties wflI be available to serve this subdMsion. Currently this property is in the County jurisdiction and is zoned R-5, Two Family Residential, but -Lhey do not have access to public sewer and water without annexation. WiH the reguested zone avoid undue concentrafion of 12eo-ple? The aliowable density for this property wiU not change as a result of annexation which is currently zoned for single-family homes and duplexes. Minu*nurn lot standards and use standa-rds as well as subdivision development standards wifl avoid the undue concentration of people at the tirne the property is developed. 3 WiR the Lg�Luested zone facilitate the adequate.,provision of transportation...water, sewerage. schoois, parks, and other public re eraents? .4 AH 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, re ve consideration to the particular suitabffLty of the quested zone gL_. j2ropej�y for -particular uses"? The proposed R-4 zoru'ng distnct is consistent with the surrounding zoning and land uses in the area and gives due consideration of the -suitabiRty of this property for the permitted uses M' the district. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is urban sized lots for residential development on City sewer and lower density development where on -site sewage treatment methods are being used. The same type and density of development can be anticipated to occur on this property that is in the area and wiH be consistent with the character of the neighborhood. 11. Will the proposed zone conserve the value of buildimzs? Value of the buildings in the area wili be conserved because the R-4 zoning will promote compatible and like uses on this property as are found on other properdes in the area. 12. WiH the Eqquested zone encourMe the most._ appropriate use of the land throuzhout the munic' alitv? I'D Urban scale residential development should be encouraged in areas where services and fac es are available such as is being proposed on this parcel. The proposed zoning is consistent with the future land use designations and surrounding zoning in the area. RECOMMENDATION it is recommended that the Kahspell City Planning Board and Zoning Conunission adopt Staff Report #KA-05-13 as fmdings of fact and recommend to the Kahspell City Council that the M'Itial zoning for this property upon annexafion be R-4, Two Family Residential. REPO RTS \ KALISPELL\ 05 \ KAO 5-13 TN1W 4 ... ... 11 .... I Tri-City Planning Office 17 Second St East, Suite 211 Kafispeff, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND E'qITLkL ZONING CffY OF KALISPELL NAME OF APPLICANT: MAIL ADDRESS: 0 0, CITY/STATE/ZIP:.. K .11-IALI PHONE: A(661 z 1,,--LI INTEREST W PROPERTY: Other Parties of Interest to be Nofified: PARTIES OF B14TEREST . .. ..... ..... 4 MAIL ADDRESS.-, CrI'Y/STATE/21P: INTEREST IN PROPERTY: " - 0 V1W_.1r PLEASE COMPLETE TH FOLLOWNG: Address of the property. - PHONE: Legal Description* . ........ o:t o rtl C_ (Lot and Block of SuMvision; Tract #) (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) The present zoning of the above property is: The proposed zoning of the above property is'. 4r State the changed or changing conditions that make the proposed amendment necessary. - A, % ,41A 6 kdtzr�, Thesigning of this application slgWfies that the foregoing infonmafion is true and accurate based -upon the best m'formation available and further grants approval for Tri-City Planning staff to be present on the property for routine inspection during the annexation process. (Appficai�o� (Date) Retum to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 5990-3 ) PETITION TO M�NEX AND NOTfCE OF W[THDRAWAL FRUM RUFLAL FIP,,-E DfSTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of Z:> - d the Citv of Kalispell for annexation of the real properry described below into the City of Kalispell - The Pentioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutuallv aaree with the Cit-y of Kalispell that immediateiv upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipaliry. Petitioner(s) hereby state that there is -no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-21-416 10. M.C.A. sincfx the parties are in -a I greement -as to the provision of municipal services to the property requested to be annexed. I - The Petitioner(s) further �erein 0 Ss an intent to have the propertv as herein described I withdrawn from the 6�44-/-h VS—L, Rural Fire District under the provisions of Section 'IN --) %Ld that incorporated into this Petition o Annex is the .,,127., Montana Code Annotated,' Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or reSOIL[tion of annexation by the City Council of the City of Kalispell, the propem shall be .0 dotracted from said district. In the event the propertv is not immediately annexed, the Petitioner(s) further aaree(s) that this covenant shall run to. with, and be binding upon the title of the said real property. and shall be L binding upon our heirs, assigns, successors in interest, purchasers, and any and ail subsequent holders or owners of the above described properw. This City hereby a2rrees to allow Petitioner(s) to connect and ireceive the utilities from the City of Kaiispell. This Citv hereby agrees to allow Petitioner(s) to connect and receive all available utilities from W the City of Kalispetl excluding solid waste services. MCA 7-2-4736 prohibits the city f�om providing solid waste services to this property for a minimum of 55 years from date of annexation. .0 Petitionev'OwnW Date Petitioner/Owner Date NOTE.- You must attach an Exhibit A that provides a bona fide legal description of the propertv to be annexed that has been reviewed and cerfiried bv the Flathead Ij 44 Countv Plat Room. STATE OF MONTANA SS County of Flathead County On this /,�_�day of4&j 44US f e�U06-- before me, the undersiorned. a Ntotary Public for the State of Montana., pe . rsonaVy appeared Rzx tj d- 6 /,p )R :�c rqe r-,yo ?i known 'to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN W[TNESS WHER-EOF, I have hereunto set my hand and affixed rny Notary Seal the day and vear in this certificate first above written. C'.e'u. Notary'fFijugic, State ot-Montana Residina at W( 5 My Commission e.xpi es - STATE OF MONTANA SS County offlathead County On this day of t -, before me, the undersigned, a Notary Pubiic for the State of Montana, personally appeared known V to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. INWITNIESS 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: W STATE OF MONTANA SS County of Flathead On this day of before me, the Undersigned, a Notary Public for The State of Montana, personally appeared . . .... and , the and respectively., of the corporation that executed the forecroing instrument. and the persons who executed said instrument z1- on behalf of said corporation. and acknowledcred to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notan,, Public.. State of Montana Residing at My Commission expires WESTERN ACRES M14 See. 18- TMN- R21 IV- PAt At, Flalftod County i i rl p r k upl� t�,. 1A 2 W,J�, la. T.Ty ------------ is, ........ .. ....... Z.�,v Nd. Nt� �r 144h PUL WP m fILD JA 14, "d P_d"w '"14, FIAMOM V, , . 1-1 lll� 1"ll _,_,N] ., �". 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L FlOAl. 4�d 1NI, 1�11k' 01 ws�", &I hm*" "mitt w& i .-.ITk% Wit t—%-P ftlNIV t4 k�4 V" %OW of L" 4--d u-� rt �n I J�. i or Ull b; --w -M v - 0" 1*— Lot it 1p, Wr 7 S-A C Noaft., 4 V 10 1 LOt !F, 4 UMM cr nA "t. 1,h I f ix -w U4 sl�%. 4 *.—A ctw� - f k N. it 127 WAM IL w- *MA KA "N ...... ... 11%7 j"t POLW OLLCM 4M. F"', " �6� PWW er wmrDm tat, tP, z 2 8T JA 8TH 8TJ Boo 8TEB LO BTP 8TE' -U.N-T-Y- 8TEC STEA BTO 4 R-5 BT2C� &T eTYC Su ec 8T2 8T2B 81 8 T B-1 8TCA 8T6B 8T6 U �A 8T3 9 T j e 8T7A; z 110 it 8 T 3 T S A 8T7 8T10A T 9 9 T,9 8T to 8TIO 8 4 3 8TK 8TKAA e,rKA BT13 8 T %5UNN maw- 1= u K 'N3 U) cou y a F j 14F -1�7 11 < w J -'T 4---- 'A 0 1 3" 2 5 s "- Al A& ---- ..... . . . VICINITY MAP SCALE 1 300' RANDOLPH P TORGERSON REQUEST FOR ANNEXATION & INITIAL ZONING OF R-4 TWO FAMILY RESIDENTIAL FROM COUNTY R-5 TWO FAMILY RESIDENTIAL FILE# KA-05-13 PLOT DATE 8/22/05 H:\gis\site\kaO5—l3.dwg . . .............. CERTIFICATION APPLICANT: Randolph & Linda Torgerson TCPO FILE NO: KA-05-13 0 1, the undersigned certify that I did this date mail via First Class mail a copy of the attached notice to the following list of landowners ad I jo * niLag the property lines of the property that is requesting annexation. Date. S-T-R: 18-28-21 Lot/Tracts# Lot 6, Western Acres 0 Property Owner/Mail Address. Randolph & Linda Torgerson 669 S. Foys Lake Drive Kalispell, MT 59901 Montana Mapping 1405 Highway 2 West Kalispell, MT 59901 AND-ATT.A.C.N.E.D LIST Randolph & Linda Torgerson 669 S. Foys Lake Drive Kalispell, MT 59901 Christopher & Heather Shepherd n rd East 1304 Avenue, Kalispell, MT 59901 Dale & Gavle Heino W 1760 Arlington Missoula, MT 59801 Brian Kikendall 63 1 S unnyside Drive Kalispell, MT 59901 Vemice Kramer 121-2 d Avenue West, Apt. 3"03 Kalispell, MT 59901 Western Drive HOA 1500 Westem Dn've Kalispell, MT 59901 Sandra Mueller 429-2 nd Avenue West Kalispell, MT 59901 Montana Mapping Freden'ck Topp 1405 Highway 2 West 1450 Westem Drive Kalispell, MT 59901 Kalispell, MT 59901 Allen Halverson Steve Heller P.O. Box 2354 P.O. Box 2793 ) Kalispell, MT 5 ) 9 9 03 ) -2 3 5 4 Kalispell, MT 5990'3-279'3� Michael & Victoria Tronstad Murray Jewett 2695 Whitefish Stage Road 1520 Westem Drive Kalispell, MT 59901 Kalispell, MT 59901 Deanna & Edward Klimowicz Robert & Glenda Brown 1535 — 7"' Avenue, West 3-30 Goodrich Road Kalispell, MT 59901 Kalispell, MT 59901 Susan M. Monahan Harold & Florence Leslie 1475 Western Drive P.O. Box 1622 Kalispell, MT 59901 Kallspell�, MT 5990'-'1"-1622 Chn'stian Julian Helen Baird IS 0 Double Lake Drive 1430 — 7h Avenue, West Kailspell, MT 59901 Kalispell, MT 59901 Delores Stroh, Corrp. SPec- Jeff Harris DOR, Liquor Licensing Flathead Cnty Plan=ng P.O. Box 1712 1035 First Avenue, West Helena, MT 59604-1712 Kalispell, W 59901 Cl*ty of Kalispell Planning Department 17 Second Street East, Suite 2 11 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kallspellplanning.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and wifl be most directly affected by its development. You have an opportunity to present your comments and concems at the meeting noted below. You may contact this office for additional info=ation. in NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMSSION October 11, 2005 The regular meeting of the Kalispell City Planning Board and Zonm'g Commission is scheduled for Tuesday, October 11, 2005 begi *ng at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take pubhc comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who Will take final action. 1. A request by Randolph P. Torgerson for an initial zoning designation of R-4, Two Family Residential, upon annexation to the city of KahspeH. The property is located on the west side of 7thAvenue West, north of Sunnyside Drive and contains apprommately 0.50 acres. It can be descn'bed as Lot 6 of Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. I 2. A request by Northwestern Investments, LP for an U'U'tial zorung designation of R-4, Two Family Residential, upon annexation to the city of KalispeH. The property is located on the north side of Sunnyside Drive, west of the Ashley Creek bridge and conta-ins apprommately 0.227 acres. It can be described as a strip of land in the SW '/-4of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Flathead VaHey Community College for an initial zoning designation of P- I , Public , upon annexation to the city of Kalispell. The property is located on the north side of Grandview Drive and cast of Hwy 93 and contains approximately 63 acres. It can be described as a portion of Certificate of Survey 14935 located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 4. An amendment to the Kalispell Zoning Ordinance initiated by the City of KaEspell to amend the lighting standards. This would amend the required full cut off standard from a 70 degree angle to an 80 degree angle and would lower the maximum height limit frorn 30 feet to 25 feet. 5, An amendment to the Kahspell Growth Policy 2020 to be known as the Hvvy 93 South Corridor Amendment that would expand the potentiai utility sem*ce area boundary from its current location approximately one mile south of Lower Valley Drive to a new location down to Rocky Cliff Drive. The expanded utility service area bounda-ry is mtended to provide guidance regarding the appropriate land use designation upon annexation to the city of Kalispell. Documents perta =*'ng to this agenda item are on file for public m'spection at the 4 KaEspell Plannmg Department, 17 Second Street East, Suite 2 11, Kahspe'u, MT 5990 1, and are available for public review during regular office hours. Interested persons are encouraged to attend the hean'ng and make their views and concerns known to the Board. Written comments may be submitted to the Kahspell Planrn'ng Department at the above address, pn'or to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail her at nwilsorx@kahspeU.com for additional information. Narda Wilson Senior Planner No. 9852 NOT]Crz OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION October 11, 2005 The regular meeting of the KalisDefl City Plan- ning Boa rd and Zoning Commission is sched- uled tor Tuesday, Octo- ber 11, 2005 beginning at 7:00 PM in the Kaiis- pell City Council Cham- bers, Kalispeil City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the follow- ing agenda items. The Board -will make a rec- ommendation to the Ka- lispell City Council who will take final action. . 1. A request by Ran- dolph P. Torgerson for an initial zoning desig- nation of R-4, Two Fam- ily Residential, upon an- nexation to the city of Kalispell. The property is located on the west side of 7th Avenue West, north of Sunny- side Drive and contains approximately 0.50 acres. It can be descri- bed as Lot 6 of Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. 2_ A req u est by N o rth- western In'vestments, LP for an initial zoning designation of R-4, Two Family Residential, upon annexation to the city of Kalispell. The property is located on the north side of Sunny- side Drive, west of the Ashley Creek bridge and contains approxt- mately 0.227 acres. It can be described as a strip of land in the SW 1/4 of Section 18, Town- ship 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Flat- head Valley Community Cotlege for an initial zoning designation of P- 1, Public, upon annexa- tion to the city of Kalis- pell. The property is lo- cated on the north side of Grandview Drive and east of Hwy 93 and con- tains approximately 63 acres. It can be descri- bed as a portion of Cer- tificate of Survey 14935 located in Section 131, Township 29 North, Range 21 West, P-M.M., Flathead Coun- ty, Montana. 4- An arnendment to the Kalispeil Zoning Or- dinance initiated by the City of Kalispell to arriend the lighting standards. Thi5 wouid amenid the required full cut off standard from a 70 degree angle to an So degree angle and would lower the maxi- mum height limit from 30 feet to 25 feet. .: 5. An amendment to the Kalispell Growth Policy 2020 to be known as the Hwy 93 South .Corridor Amendment that would expand the -potential utility service .area boundary from its current location approxi- mately one mile south of Lower Valley Drive to a new location down to .Rocky Cliff Drive . The .expanded utility service area boundary is intend- ed to provide guidance .Tegarding the approPrt- ate land use designation upon annexation to the ..City of Kalispell. Documents pertaining to this agenda item are on file for public inspec- tion at the Kalispell Planning Department -17 Second Street East, :Suite 211, Katispell, MT 59901, and are availa- ':.-ble for public review !".."'during reguiar office hours. Interested persons are encouraged to attend the hearing and make their views and con- ..cerns known to the :..Board. Written com ments may be submit- -ted to the Kafispail Plan- ning Department at the above address, prior to the date of the hearing, or you may contact Nar- da Witson, Senior Plan- ner at (406) 7s 1 - 1850 or e-mail her at nwi [son @ kal i spe I I . com for additional informa- tion. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICAnON CHRIS SCHIULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION., PREN"'IED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA,, AND THAT NO 9852 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF SEP 25, 2005 AND TBE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, !SET 1N THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF ENSERTIONS. cl/. XW Subscribed and swom to Before me this AD SEP 2612005 /s/7homas R. Jentz Thomas R, Jentz Planning Director September 25, 2005. Notary Ilublic for the State of Montana Residffig in Kalispell My Commission expires 9/11/09 G/O Notar'al I Seal (� q_�j 9 M 0 ORDINANCE NO. 1559 AN ORDINANCE TO AMEND SECTION 27.02.010., OFFICIAL ZONING MAR, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOT 6 OF WESTERN ACRES LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CO'UNTY R-5, TWO-FAMILY RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHERF,AS, Randolph and Linda Torgerson, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R4, Two -Family Residential, on approximately 0.57 acres of land, and WHEREAS, the property is located on the west side of Seventh Avenue West, north of Sunnyside Drive, and WHEREAS, the Torgerson's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-05 -13 , dated October 3, 200 5, in which the Kalispell Planning Department evaluated the petition and reconmended that the property as described above be zoned R4, 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-4, Two -Family Residential, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76- � ft 3-608, M.C.A., and StateA.- tc. v..Board of County Commissioners, Etc. 590 P2d 6023 the findings of fact of KPD as set forth in Staff Report No. KA-05-13. NOW THEREFORE, BE IT ORDAINTED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance., (Ordinance No. 1460) is hereby amended by designating the property described above as R-4, Two -Family Residential, on approximately 0.57 acres of land. SECTIONII. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in fall force and effect. SECTION 111. 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 AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 7TH DAY OF NOVEMBER,, 2005. ATTEST: . . .............. .. Theresa White City Clerk Pamela B. Kennedy Mayor