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Staff Report/Annexation & Zoning, Lot 3City of Kalispell Planning Department 17 - 2r' Street East, Suite 211 Kalispell, Montana 59901 Telepbone: (406) 751-1850 Fax: (406) 751-1858 Websfte: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner 11 James H. Patrick, City Manager SUBJECT: Lonnie and Kim Buchholtz - Annexation and Initial Zoning of R-4, Two -Family Residential MEETING DATE: January 7, 2008 BACKGROUND: The Kalispell City Planning Board met on December 11, 2007 and held a public hearing to consider a request for annexation and an initial zoning designation of R-4, Two -Family Residential, on approximately 0.47 of an acre. The property is located on the west side of 7th Avenue West between 11 Street West and Sunnyside Drive. The property is addressed 1312 7th Avenue West and can be legally described as Lot 3 of Western Acres subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Nicole C. Johnson, of the Kalispell Planning Department, presented staff report #KA- 07-19 providing details of the proposal and the evaluation. She noted that the proposed R-4 zoning district was compatible with surrounding land uses and also consistent with the Growth Policy which is designated for urban residential uses. Staff recommended the board consider approving the initial zoning based on this and other facts determined in the findings of fact report. At the public hearing, Lonnie Buchholtz, spoke in favor of the proposed annexation and added that he intended to construct two duplex units on the property. He agreed with the staff report findings. The board approved the requested initial zoning of R-4, Two -Family Residential, for the property upon annexation to the City of Kalispell. The vote was unanimous. RECOMMENDATION: A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning of R-4, Two - Family Residential, would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, /-�� D , -- Nicole C . Johnso Planner 11 Report compiled December 18, 2007 james H. Patrick City Manager Attachments: Petition to Annex &. Withdraw From Rural Fire District Lonnie Buchholtz Cost of Services Analysis Transmittal letter Staff report #KA-07-19 and application materials Draft Minutes 12/ 11/07 planning board meeting c: Theresa White, Kalispell City Clerk 2 R-EPORT TO: FROft SUBJECT: DATE: City of Kalispell Planning Department 17 - 2nd Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Nicole C. Johnson, Planner 11 Cost of Services Analysis -Residential Annexation January 7, 2008 BACKGROUND: This is a cost of services analysis based on a request to annex the 0.47 acre lot located on the west side of 7th Avenue West between 11 Street West and Sunnyside Drive. The property is addressed 1312 7th Avenue West and can be legally described as Lot 3 of Western Acres subdivision located in Section 18, Tourriship 28 North, Range 21 West, P.M.M., Flathead County, Montana. Once annexed to the City, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Mr. Buchholtz has submitted a request for a waiver of preliminary plat for this property and our office is processing that request. Mr. Buchholtz intends to remove the existing home and construct one duplex unit on each lot. The analysis is based on this information. The two duplex units are considered to be 3 equivalent residential units or ERUs for sewer and water. This Cost of Services Analysis has been prepared as a residential annexation for residential land over one-half acre and is only an estimate based on a variety of assumptions. The analysis does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. A complete and accurate calculation win be completed at the time a connection to water and sewer is requested and/or a building permit is applied for as the necessary information would be available at that time. CONCLUSIONS: Cost of services for this annexation is estimated to be $5,295. Approximately $4,908 will be generated from assessments and taxes and a one time impact fee for water, sewer, stormwater, police and fire is estimated to be $21,019. Based on these estimated figures, the net revenue to the city would be a deficit of approximately $387. Please refer to Exhibit A for more specific details on the calculations. Respectfully submitted, Nicole C. Johnson Planner II Analysis compiled: December 21, 2007 Attachments: Exhibit A - Cost of Services Analysis for Lonnie Buchholtz c: Theresa White, Kalispell City Clerk pjl LONNIE AND KIM BUCHHOLTZ COST OF SERFVICES ANALYSIS (RESIDENTIAL LAND OVER 112 ACRE) December 21, 2007 PROJECT DETAILS Number. of dwelling units proposed to be annexed. Estimated increase in population: Average square foot per lot. Assessed value per property: 1. COST OF SERVICES Per capita costs based on increase in population: Fire: Police: Administration: Solid Waste: Costs per dwelling unit or Equivalent Residential Unit (ERU). Roads: Water: Sewer: Wastewater Treatment Stormwater: Parks: 7 $570 $727 $444 $0 3 or 4 $1,704 $593 $325 $502 $197 $234 TOTAL ANTICIPATED COST OF SERVICE = $6,295 2. ANTICIPATED REVENUE GENERATED Assessments based on average square foot per lot 5,118 Storm sewer assessment: $102 Street maintenance assessment: $227 Urban forestry assessment: $28 Light maintenance assessment: $61 Sewer and water bill: $1,790 TOTAL ANTICIPATED REVENUE $2,208 3. TAX REVENUE Assessed value per property. $135,000 Total assessed value: $540,000 Total taxable value: $16,578 Total additional revenue based on 170 mill levy: $2,700 TOTAL ESTIMATED TAX REVENUE = $2,700 4. IMPACT FEES Sewer impact fee: $7,299 Water system impact fee: $8,620 Stormwater impact fee $3,276 Police impact fee $136 Fire impact fee $1,688 4 7 10,018 $135,000 TOTAL ESTIMATED IMPACT FEE $21,019 SUMMARY S. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $4,908 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $21,019 7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 + ITEM 3 - ITEM 5) -$387 City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com December 26, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Lonnie and Kim Buchholtz - Annexation and Initial Zoning of R-4, Two -Family Residential Dear Jim: The Kalispell. City Planning Board met on December 11, 2007 and held a public hearing to consider a request for annexation and an initial zoning designation of R-4, Two -Family Residential, on approximately 0.47 of an acre. The property is located on the west side of 7th Avenue West between 11 Street West and Sunnyside Drive. The property is addressed 1312 7th Avenue West and can be legally described as Lot 3 of Western Acres subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Nicole C. Johnson, of the Kalispell Planning Department, presented staff report #KA- 07-19 providing details of the proposal and the evaluation. She noted that the proposed R-4 zoning district was compatible with surrounding land uses and also consistent with the Growth Policy which identifies the land as urban residential. Staff recommended the board consider approving the initial zoning based on this and other facts determined in the findings of fact report. At the public hearing, Lonnie Buchholtz, spoke in favor of the proposed annexation and added that he intended to construct two duplex units on the property. He agreed with the staff report findings. The board approved the requested initial zoning of R-4, Two -Family Residential, for the property upon annexation to the City of Kalispell. The vote was unanimous. Please schedule this matter for the January 7, 2008 regular city council meeting. You may contact this board or Nicole C. Johnson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Staff report #KA-07-19 and application materials Cost of Services Analysis for Lonnie Buchholtz Minutes of the 12/11/07 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lonnie and Kim Buchholtz 1079 Patrick Creek Road Kalispell, Montana 59901 LONNIE & KIM BUCHHOLTZ REQUEST FOR INITIAL ZONING OF R-4, UPON ANNEXATION STAFF REPORT #KA-07-19 KALISPELL PLANNING DEPARTMENT DECEMBER 3, 2007 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 for December 1 lth beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed. The planning board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION The applicant has petitioned for annexation and an initial zoning designation of R-4, a Two -Family Residential district, on approximately 0.47 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 Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. A. Petitioner / Owner: Lonnie and Kim Buchholtz 1079 Patrick Creek Road Kalispell, MT 59901 B. Location and Legal Description of Property: The property proposed for annexation and the initial zoning request is located on the west side of 7th Avenue West, south of 11 th Street West. The property address is 13 12 7th Avenue West and the property can be described as lot 3 of Western Acres subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County. C. Ezdsting Land Use and Zoning: The property proposed for annexation is in the West Side County zoning jurisdiction and is currently zoned R-5, Two -Family Residential. This district is defined as "A residential district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Duplexes are allowed in this district." Permitted uses in this district are generally limited to residential uses. The conditionally 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-5 zoning district is 5,400 square feet. D. Proposed Zoning: 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 50 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 immediate area. E. Size: The area proposed for annexation and zoning contains approximately 0.47 of an acre. F. Existing Land Use: The property proposed for annexation is occupied by a single family dwelling. The property owner intends to subdivide the property into two lots. G. Adjacent Land Uses and Zoning: The land use in the area is primarily single- family residential along with some duplexes and tovinihouses. H. General Land Use Character: The general land use character of this area can be described as primarily residential with a mix 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. I. Utilities and Public Services: All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department I. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell Zoning Ordinance. Does the requested 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 development with a density of between 3 to 12 dwelling units per acre. Because of the provision of public water and sewer to the site, the proposed R-4 zoning designation is in compliance with the future land use designation for the area. The R-4 zoning has a minimum lot size requirement of 6,000 square feet with each lot allowing a duplex 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 Kalispell area. The proposed zoning is in compliance with the anticipated land use for the area which anticipates a mix of single-family and duplex dwellings in urban residential areas. 2 2. Is the requested zone designed to lessen congestion in the streets? Once the property is developed, all of the new development will be constructed to City standards. Traffic in the area will 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. 3. Will the requested zone secure safety from fire, -panic, and other danaers? 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 public. New construction will 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 and will be extended as part of the development of this property at some point in the future. 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 providing a place for new housing in the community. 5. Will the requested zone provide for adequate light and air? 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? As previously noted this area has been anticipated for urban residential development. Water and sewer lines are located within the 7th Avenue West road right-of-way making city densities and the proposed R-4 zoning designation appropriate. All public services and facilities will be available to serve this subdivision. Currently this property is in the county jurisdiction and is zoned R- 5, Two Family Residential, but they do not have access to public sewer and water without annexation. 7. Will the requested zone avoid undue concentration of people? The allowable density for this property will not change as a result of annexation which is currently zoned for single-family homes and duplexes. Minimum lot standards and use standards as well as subdivision development standards will prevent the undue concentration of people at the time the property is developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other -public requirements? 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 &e consideration to the particular suitability of the property for particular uses? The proposed RA 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 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 will be consistent with the character of the neighborhood. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale residential development should be encouraged in areas where services and facilities 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. RECONMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-07-19 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two Family Residential. 4 City of Kalispell Planning Department 17-2 nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLI, MAIL ADDRESS: CITY/STATE/ZIP: �&LJSV I-LAQ0- iT 390 �r_ PHONE: 1406 -,W7-30 3) (A lNTEREST IN PROPERTY: Utol�gs Other Parties of Interest to be Notified: PARTIES OF INTEREST: MALL ADDRESS: CITY/STATE/ZIP: PHONE: rNTEREST IN PROPERTY: PLEASE COWLETE TBIE FOLLOWING: A Address of the property: etqE, VJE7,5-r 5 PELL Legal Description: �[J% NJ 10A Ru (Lot and Block of Subdivis?on; Tract#) (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) The present zoning ( The proposed zoninj State the changed or changing conditions that make the proposed amendment necessary: If Is QN)P- 81C, CQUAYN :r �.H&Wa IrU ra T fa 2 c rrq D-VpLi�!X LoT5, The signing of this application signifies that the foregoin- information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the M property Cor routine inspection during the annexation process. (Applicant) (Date) Return to'. Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 5990' ) 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 same basis and in tile same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-46 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 Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the.4ft Q jhjLLfN Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into tl�iis 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 ai-inexed, the Pefitioner(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. This 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 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. NOTE: You must attach an Exhibit A that provides a bona Me legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this '��day of OW1, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Lor'y-vp— 'F-k�-Ckv"'Z' V\� la-iown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IF] IN WITNESS e;iere t year in this cert�Oc fr�rtr 4 e SEAL Z. STATE OF #fill ss County of Flathead County set my hand and affixed my Notary Seal the day and No*Lry Public, Stffe 6f Montana Residingat g�aflwfl My Commission exp4es: skp�-�'V' BC) I r) I On this day of ��m-j before me, the undersigned, a Notary Public for the State of Montana, personally appeared �Lyv, k�� . 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 WITNESS WT19" ereunto set my hand and affixed my Notary Seal the day and year in this certi Nota y Public, State of Montana Residing at CLI�sp�( % SEAL My Commission expir6s: 2qAf ay.oz' STATE OF MA]�,4 County of Flathead Oil this _day of before me, the undersigned, a Notary Public for The State of Montana, personally appeared and the . and , respectively, of tile 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 WITNESS WHEREOF, I have hereunto set iny hand and affixed rny Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Corni-nission expires Buchholtz Annexation & Initial Zoning KA-07-19 Legal Description The property is described as follows: Lot 3 of Western Acres in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2 r-% I a r--% \1 R-3/1-juu 8 J2 33 31 9 gUA 11 ITI] I m rlp 3 tj 4 8S 8S B 8G 8 2 8RAAA 8R 8TZ T12B 8RA 8'R'B 8T14 8 12A 8QAA 8TTB 8T12AA 8TTA 8QA 8Q 8T—1 8P 8PA 8TF 8 8TFA 8 CA 8THA 8TJA 8THB 8TJB IL d, .8TJ 8TYAD r-OTP M 8T C 8TEA 8TO AA 1 8T2C 8 2 8TYC 8TYB 8T/ 8T2 8T2B 8TYF 8 E 2 —2 8T6B 8T6A 8TCA 3 8T 4A 8T6 8T3 8TS 8T7 f 8T4A 8 8T3A 8TSA 8T7 8T4 8T 8T9 8T1 OA 8T8 7A 8T1 0 8T5 TN MAA 8TM MA 8T1 3 8T 8'WAA 1 EIW�A 8TK B. -��-74 3 14F I j V. 41 1 — co ov j ^ le LL VICINITY MAP SCALE 1 250' LONNIE & KIM BUCHHOLTZ REQUEST FOR ANNEXATION & INITIAL ZONING OF R-4 (T 0 V MI�Ly \IW IA RESIDENTIAL) FROM COUNTY R-5 (TWO FAMILY RESIDENTIAL) ON APPROX.1/2 ACRE FILE # KA-07-19 H:\gis\site\k&07-19 Buchholtz.dwg CERTIFICATION APPLICANT: Lomi4r, Buchholtz FILE NO: KA-07-19 I, 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 adjoining the property lines of the property where an annexation has been requested. Date: S-T-R: 18-28-21 Tract/Lot: Lot 3, Western Acres Property Owners: Lonnie & Kim Buchholtz 1079 Patrick Creek Road Kalispell, MT 59901 AND ATTACHED LIST Lonnie &, Kim Buchholtz Kenneth & Rita Madsen, Jr. Michael & Victoria Tronstad Big Sky Cash Resources, LLC 1217 - 5th Street West 2695 Whitefish Stage Road 1079 Patrick Creek Road Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Terry Kelly Douglas & Myrtle Nash Ronald & Desiree Dickman 1677 Foys Lake Road 1303 - 7th Avenue West 1309 - 7t" Avenue West Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Doug & Desiree Brewer Susan Monahan Ted Reed 1425 Western Drive 1475 Western Drive 2963 Rufenach Lane Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Melvin & Cecile Powell Harold 8z; Florence Leslie Fredrick Topp P.O. Box 2355 P.O. Box 1622 14-50 Western Drive Kalispell, MT 59903 Kalispell, MT 59903 Kalispell, MT 59901 Western Acres HOA Ervin Brackel Brian 8r. Sara Parrent Western Drive HOA 3250 Highway 2 West 1500 Western Drive Kalispell, MT 59901 1405 - 7th Avenue West Kalispell, MT 59901 Kalispell, MT 59901 Tracy Anderson Allen Halverson Craig Smith P.O. Box 2354 City of Kalispell 1411 - 7th Avenue West Kalispell, MT 59903 P.O. Box 1997 Kalispell, MT 59901 Kalispell, MT 59903 Delores Stroh, Comp. Spec DOR, Liquor Licensing P.O. Box 1712 Helena, MT 59604-1712 Gene Dziza, President Flathead County Planning Board 98 Pleasant View Drive Kalispell, MT 59901 Evergreen Disposal 55 West Valley Drive Kalispell, MT 59901 B. J. Grieve, Asst Director Flathead County Planning 1035 First Avenue West Kalispell, MT 59901 City of Kalispell Planning Department Z!Y 17 - 2 ad Street East, Suite'211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax- (406) 751-1858 You are being sent this notice because you are either a property owner within 150 feet, or in the vicinity of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information or visit our website at www.kalispell.com /planning. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION DECEMBER 11, 2007 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, December 11, 2007 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold public hearings and take public 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 Bay Ridge Development LLC for annexation and initial zoning of R-3 (Single Family Residential) for 18.88 acres of tract land. There are four existing houses located on the project site addressed 537, 541, 543 and 545 Three Mile Drive. Although the houses are addressed off of Three Mile Drive the properties are located at the northern end of Meadows Lane, which connects to Three Mile Drive approximately one-fourth mile west of the intersection of Three Mile Drive and Stillwater Road. The project site is south of Quarter Horse Estates and Spring Creek defines the western boundary. The owner is also requesting preliminary plat approval for Bay Ridge Estates, a subdivision that plats 40 lots ranging in size from 7,000 to 30,000 square feet. The property can be legally described as assessor's tracts 1B, 11317, IBD, and 1BDA located within S1/2 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request by Lonnie and Kim Buchholtz for annexation and initial zoning of R-4 (Two - Family Residential) of one lot in the Western Acres residential subdivision located on the west side of 71h Avenue West - approximately 150 feet south of I lth Street West. The address for the property 1312 7th Avenue West, Kalispell. The 20,473 square foot lot contains a small mobile home and is curTently zoned in the county as R-5 (Two - Family Residential). The applicant has concurrently requested a waiver of preliminary plat to create two lots intended for duplex development. The property can be legally described as Lot 3 of the Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. I rar -iiesen for a zone change from City R-4 (Two Family A request from Jeff and " en 'It Residential) to City B-1 (Neighborhood Buffer District) for two lots in the Sinopah Subdivision. The land encompasses one acre and is located along North Meridian Road approximately one-fourth mile south of the intersection with US Highway 93. 1he property addresses include 10488 and 12110 North Meridian Road and can be le-allv (esc-nbed as Lot 19 and Lot 20 of the SinoT)ah Subdiv;sion located in Section I , Township 28 North, Range 22 West, P.M. M y, Montana. .1 Flathead Count, A proposal to adopt the Kalispell ,krea Transportation Plan '21006 Update as an addendum to the Kalispell Growth Polic�v to serve as a guiding policy for transT)ortation decisions. This olan will serve to uodate and renlace the existing Kalispell Transportation Dian last updated n 199Q The Trans-Dortation 'Dian No- -,2�01 NOTICE OFRIJBLl �EA__:�:G Kj�,LISPE' L CIT'( PL.A�NiNG BOARD AND ZONING COMMISSION DECEMBER 11, 2007 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, De- cember 1", 2007 begin- ning at 7-00 PM in the Kalispell Ciry Council Chambers, Kalisoell City Hall. '�12 Pirst Ave- nue East. �.iispell. The planning board will hold public hearings and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final ac- tion. 1. A request by Bay Ridge Development LLC for annexation and initial zoning of R-3 (Single Family Residen- tial) r or 18.88 acres of tract land. There are four existing houses lo- cated on the project site addressed 537, 541 � 543 and 545 Three Mile Drive. Although the houses are addressed oft of Three Mile Drive the properties are locat- ed at the northern end of Meadows Lane, which connects to Three Mile Drive approximate- ly one-fourth mile west of the intersection of Three Mile Drive and Stillwater Road. The proiect site is south of Quarter Horse Estates arm Spring Creek de - tines the western boun- 7 Claiv. heownerisalso requdsi.n�j preliminary plat apnroval fcr Bay Ridoe Estates, a subdi I - vision that plats 40 lots ranging in size from 7,000 to 30,000 square feet. The property can be legally described as assessor's tracts 113, I BF. 1 BID, and 1 BDA lo- Gated within S1/2 of Section 2, Township 28 North. Range 22 West, P.M.M., Flathead Coun- �V, iMontana. 2. A request by Lonnie and Kim Buchholtz for annexation and initial zoning of R-4 (Two. ­�imilv Residential) of �,ne iot in the 'Western �,�res lesidential subdi- ,Ic;��;i looated un tiv st ide of 7th Avenue - 9pproximateiv t'! 'eet south of 11 th Kalispell. The 20,473 square foot lot contains a small mobile home and s currentIv zZoned in the county as R-5 (Two - Family Residential). The applicant has concur- rently requested a waiv- er of preliminary plat to create two lots intended for duplex development. The property can be le- gally described as Lot 3 of the Western Acres lo- cated in Section 18, Township 28 North, Range 21 West, P.M.M_. Flathead Coun- ty, Montana. 1 A request from Jeff and Karen Thiesen for a zone change from City R-4 (Two Family Resi- dential) to City B-1 (Neighborhood Buffer District) for two lots in the Sinopah Subdivi- sion. The land encom- passes one acre and is located along North Meridian Road approxi- mately one-fourth mile south of the intersection with US Highway 93. The property addresses include 1288 and 1270 North Meridian Road and can be legally de- scribed as Lot 19 and Lot 20 of the Sinopah Subdivision located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 4. A proposal to adopt the Kalispell Area Transportation Plan 2006 Update as an ad- dendum to the Kalispell Growth Policy to serve as a guiding policy for transportation decisions. This plan will serve to update and replace the existing Kalispell Trans- portation Plan last up- dated in 1993. The Transportation Plan ad- dresses the city'plus an area up to 3 miles be- yond the city limits of Kalispell. It provides an analysis of existing transportation concli- ,ions. transportation de- mand forecasting, a dis- cussion of alternative travel inodes within the area and identification of specific problem ,areas relative to crash occurrences. intersec- tion capacities. and street corridor capaci- ties. The plan also in- cludes recommends- tions for travel demand management and traffic calming techniques and provid . es a sen . es of rec- ommendations for im- provements to the trans- portation system includ- i no short term manage- ano.e.q. rn;io; -;vsrarn ;.,niorove- STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE M. BROUWER BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRRI�TED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 12501 LEGAL ADVERTISM[ENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF November 25, 2007. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Subscribed and swom to Be'tore rae t1ais Novernber 226,2100-17 DOROTHY GLENCROSS Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/11/09 'e" isting transportation sys- iem. The plan con- cludes with a financial analysis- for implement- ing the:plan. Documents pertaining to the agenda items are on file for oublic insoection at the Kalispell Planning Department, 17 Second Street East. Suite 211, Kalispell, MT 59901, .and are available for ,JUDliC review during equiar office hours. Return to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5253 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS LOT 3 OF WESTERN ACRES SUBDIVISION LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS BUCHHOLTZ ADDITION NO. 399; 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 Lonnie and Kim Buchholtz, the owners of property located on the west side of 7th Avenue West, south of I I th Street West, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-07-19, dated December 3, 2007, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, on approximately 0.47 acre 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: SECTIONI. 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 Buchholtz Addition No. 399. 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 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 CrrY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF JANUARY, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk ORDINANCE NO. 1626 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOT 3 OF WESTERN ACRES SUBDIVISION LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY 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. WHEREAS, Lonnie and Kim Buchholtz, 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 R-4, Two Family Residential, on approximately 0.47 acres of land, and WHEREAS, the property is located on the west side of 7th Avenue West, south of I I th Street West, and WHEREAS, the petition of Lonnie and Kim Buchholtz was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-07-19, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on December 11, 2007, and recommended that the zoning be City R-4, Two Family Residential, 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 zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of C21LnZ Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-07-19. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTIONI. 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 0.47 acres. SECTION 11. 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 111. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 22ND DAY OF JANUARY, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk