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Staff Report/Annexation & Zoning Phase VFlathead ei®nal Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 e O �019 SUBJECT MEETING DATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Annexation and Initial Zoning of RA-1 for Buffalo Stage Phase V November 6, 2000 BACKGROUND: The applicants are requesting annexation into the city of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, upon annexation. The property located on the west side of Whitefish Stage Road and south of Granrud Lane. This is the last phase of the Buffalo Stage Development and contains 36 lots on approximately 11.61. The staff recommended to the planning board that the board forward a recommendation to the city council for City RA-1 zoning upon annexation based upon surrounding zoning and the high density residential land use designation of the master plan. The annexation and assignment of appropriate zoning went before the Kalispell City - County Planning Board for public hearing at their October 10, 2000 regular meeting. No one spoke. The planning board is forwarding a recommendation of RA-1, Low Density Residential Apartment, zoning for the property upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance assigning an RA-1, Low Density Residential Apartment, zoning designation to this property upon annexation would be appropriate. FISCAL EFFECTS: Minor positive effects once fully developed. ALTERNATIVES: As suggested by the city council. ?ddj -1. V"(/-- C-Qrl'j, Narda A. Vilson Chris A. Kukulski Senior Planner City Manager Report compiled: October 19, 2000 Attachments: Transmittal letter from KPB 10/ 18/00 Petition to annex and Exhibit A FRDO report KA-00-10 Draft planning board minutes 10/ 10/00 c w/ Att: Theresa White, Kalispell City Clerk H: \ FRDO \TRANSMIT\KALISPEL\2000 \KAOO 1 OME. DOC Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO. 4591 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 IN "EXHIBIT A TO BE KNOWN AS BUFFALO STAGE PHASE V ADDITION NO. 300; 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 Buffalo Chip Partners, the owner of property located west of Whitefish Stage Road south of Granrud Lane and described in Exhibit A, attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Buffalo Chip Partner's Annexation Request, #KA- 00-10, dated October 2, 2000, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described in Exhibit A, be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Buffalo Stage Phase V Addition No. 300. SECTION II. 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 buffalo stage V.wpd - 1 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 III. 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 COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 6TH DAY OF NOVEMBER, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk buffalo stage V.wpd - 2 - ORDINANCE NO. 1369 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY KNOWN AS BUFFALO STAGE PHASE V (PREVIOUSLY ZONED COUNTY RA-1, RESIDENTIAL APARTMENT) TO CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Buffalo Chip Partners, the owner of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to RA-1, Low Density Residential Apartment, and WHEREAS, the property as described exists as property surrounded to the North by County R-5 Zoning (undeveloped), to the East by County R-2 Zoning (buffer area/park), to the South by City RA-1 Zoning (Buffalo Stage Phase IV, Edgerton School), and to the West by City RA-1 Zoning (Buffalo Stage Phase II), and WHEREAS, the petition of Buffalo Chip Partners was the subject of a report compiled by the Flathead Regional Development Office, #KA-00-10, dated October 2, 2000, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned RA-1, Low Density Residential Apartment, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned RA-1, Low Density Residential Apartment, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-1, Low Density Residential Apartment, the City Council adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KA-00-10. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance #1175) is buffalo stage V.wpd 1 hereby amended by designating the property described as Buffalo Stage Phase V, as RA-1, Low Density Residential Apartment. SECTION II. 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 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 COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 20TH DAY OF NOVEMBER, 2000. Wm. E. Boharski Mayor Fs4BRO&W Theresa White City Clerk buffalo stage V.wpd 2 Flathead Regional Development *ff'ice 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 lomns 704m;W0111f Chris Kukuls1d, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Ke: Annexation and Initial Zoning of RA- I for Buffalo Stage Phase V The Kalispell City -County Planning Board met on October 10, 2000, and held a public hearing to consider a request by Buffalo Chip Partners for an RA- 1, Low Density Residential, zoning upon annexation on property located on the west side of Whitefish Stage Road south of Granrud Lane. Narda Wilson presented staff report KA-00-10 and recommended that the board forward recommendation for RA-1 zoning upon annexation based upon surrounding zoning compliance with the urban residential designation of the master plan. I At the public hearing the board discussed the report criteria and a motion was made adopt staff report KA-00-10 and recommend to the Kalispell City Council that the prope be zoned RA-1 upon annexation. On a roll call vote the motion passed unanimous Exhibit A describes the annexation boundaries. I Please schedule this matter for the November 6, 2000 regular city council meeting. You m contact this board or Narda Wilson if you have any questions regarding this matter. I Sincerely JJ/NW/ dw Attachments: Petition to annex and Exhibit A FRDO report ICA-00-10 Draft planning board minutes 10 / 10 Providing Community Planning Assistance To: Flathead County - City of Columbia Falls - City of Kalispell * City of Whitefish Buffalo Stage Phase V Annexation and Initial Zoning October 18, 2000 Page 2 c w/ Att: Theresa White, Kalispell City Clerk C: Buffalo Chip Partners, 157 N. Meridian, # 112, Kalispell, MT 59901 H:\FRDO\TRANSMIT\KALISPEL\2000\KA-00-10.DOC Buffalo Stage Phase V Annexation and Initial Zoning October 10, 2000 Page 3 EXHIBIT A I: • STAGE PHA;Y—M-r&1M&6—rkAN—W D INITIAL ZONING LEGAL DESCRIPTIOV A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 and IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northeast corner of the Southeast Quarter of Section 31, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found iron pin on the southerly R/W of a 60 foot county road known as Granrud Lane; Thence along said southerly R/W and along the north boundary of said SE1/4 N89`4310811W 69.02 feet to a found iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence leaving said R/W S00`2410411W 150.00 feet to a found iron pin and the P.C. of a 150.00 foot radius curve, concave southwesterly (radial bearing S00'16151"W); Thence southeasterly along said curve through a central angle of 67*52152" an arc length of 177.71 feet to a found iron pin and the P.C.C. of a 647.57 foot radius compound curve, concave southwesterly (radial bearing S68`09143"W)•; Thence southeasterly along said curve through a central angle of 21*59133" an arc length of 248.57 feet to a found iron _pin; Thence S00'09116"W 131.29 feet to a found iron pin on the north boundary of the Plat of Buffalo Stage Phase IV (records of Flathead County, Montana); Thence along said north boundary S89'5615211W 522.34 feet to a found iron pin; Thence N86'41100"W 90.15 feet to a found iron pin; Thence N78`30113"W 111.07 feet to a found iron pin; Thence S89`18113"W 113.48 feet to a found iron pin on the easterly boundary of the Plat of Buffalo Stage Phase II (records of Flathead County, Montana); Thence along said easterly boundary N15`00100"W 102.29 feet to a found iron pin; Thence N36 54'20"W 64.67 feet to a found iron pin; Thence N00`03'll"E 445.62 feet to a found iron pin on said southerly R/W of Granrud Lane and the north boundary of said SE1/4; Thence along said R/W and along said north boundary S89`43108"E 715.98 feet to the point of beginning and containing 11.610 ACRES. Subject to and together with all appurtenant easements of record. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: BUFFALO STAGE PHASE V BUFFALOEXHIBIT A STAGE PHASE V ANNEXATION ,D INITIAL ZONING LEGAL DESCRIPTION A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 and IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northeast corner of the Southeast Quarter of Section 31, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found iron pin on the southerly R/W of a 60 foot county road known as Granrud Lane; Thence along said southerly R/W and along the north boundary of said SE1/4 N89`4310811W 69.02 feet to a found iron pin and THE TRITE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence leaving said R/W S00'2410411W 150.00 feet to a found iron pin and the P.C. of a 150.00 foot radius curve, concave southwesterly (radial bearing S00'16'5111W); Thence southeasterly along said curve through a central angle of 67*52152" an arc length of 177.71 feet to a found iron pin and the P.C.C. of a 647.57 foot radius compound curve, concave southwesterly (radial bearing S68'09143"W).; Thence southeasterly along said curve through a central angle of 21*59133" an arc length of 248.57 feet to a found iron ,pin; Thence S00`0911611W 131.29 feet to a found iron pin on the north boundary of the Plat of Buffalo Stage Phase IV (records of Flathead County, Montana); Thence along said north boundary S89'56152"W 522.34 feet to a found iron pin; Thence N86'41100"W 90.15 feet to a found iron pin; Thence N78'3011311W 111.07 feet to a found iron pin; Thence S89`18113"W 113.48 feet to a found iron pin on the easterly boundary of the Plat of Buffalo Stage Phase II (records of Flathead County, Montana); Thence along said easterly boundary N15'00I0011W 102.29 feet to a found iron pin; Thence N36 54120"W 64.67 feet to a found iron pin; Thence N00'0311111E 445.62 feet to a found iron pin on said southerly R/W of Granrud Lane and the north boundary of said SE1/4; Thence along said R/W and along said north boundary S89°4310811E 715.98 feet to the point of beginning and containing 11.610 ACRES. Subject to and together with all appurtenant easements of record. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: BUFFALO STAGE PHASE V i a4° should be B-1, Neighborhood Buffer District, upon annexation. t BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. BUFFALO STAGE PHASE A request by Buffalo Chip Partners for annexation of Buffalo V ANNEXATION AND Stage Phase V and an initial zoning designation of RA-1 on INITIAL ZONING property comprising approximately 12 acres, located on the west side of Whitefish Stage Road south of Granrud Lane. STAFF REPORT Narda Wilson, representing the Flathead Regional Development Office, gave a presentation on staff report KA-00-10 and recommended that the property be zoned RA-1, Low Density Residential Apartment, upon annexation into the City of Kalispell. Wilson stated the proposed RA-1 zoning complied with other zoning in the area and with the master plan and wouldn't change the single family development pattern of the subdivision. BLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Garberg moved and Mann seconded to adopt staff report #KA- 00-10 as findings of fact and forward a recommendation to the Kalispell City Council with initial zoning of Buffalo Stage Phase V be RA-1, Low Density Residential Apartment, upon annexation. BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. CARVER ANNEXATION A request by Dennis Carver for annexation and an initial AND INITIAL ZONING zoning designation of I-1 on approximately one acre on the north side of Kelly Road and east of Highway 93 South. STAFF REPORT Narda Wilson, representing the Flathead Regional Development Office, gave a presentation on staff report KA-00-8 and recommended that the property be zoned City I-1, Light Industrial, upon annexation into the City of Kalispell. Wilson stated it was consistent with the area. The applicant intends to build a shop and office and needs City utilities. Heinecke asked and Wilson answered that when you do an annexation by petition it didn't need to be contiguous to the City. Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 7 of 9 BUFFALO STAGE PHASE V REQUEST•R ANNEXATION AND INITIAL ZONIN REGIONALFLATHEAD • • OFFICE REPORTSTAFF tt t OCTOBERttt A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding the annexation and initial zoning of Buffalo Stage Phase V. A public hearing has been scheduled before the Kalispell City -County Planning Board for October 10, 2000 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The Buffalo Stage Phase V properties will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Buffalo Stage Phase V is a 36 lot residential subdivision containing approximately 11.61 acres which was granted final plat approval by the County Commissioners on September 27, 2000. Minor improvements related to sidewalks installation and landscaping have not been completed but are currently under construction. A subdivision improvements agreement has been filed with the Board of County Commissioners for the remaining improvements. A. Petitioner and Owners: Buffalo Chip Partners 157 N. Meridian, #112 Kalispell, MT 59901 (406)257-5533 B. Location and Legal Description of Property: The properties proposed for annexation are located on the west side of Whitefish Stage Road south of Granrud Lane. The property can be described as Buffalo Stage Phase V located in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. B. Existing zoning: Currently this property is located in the County zoning jurisdiction and is zoned RA-1, a Residential Apartment zoning district. The minimum lot size requirement for this district is 7,500 square feet and 1,500 square feet additional for each dwelling unit in excess of two. All public services and facilities would be available in areas within this zoning designation. C. Proposed Zoning: An RA-1, Low Density Residential Apartment, City zoning designation is proposed for the residential lots within the subdivision. The proposed zoning will comply with other zoning in the area assigned to previous phases of the Buffalo Stage development although the housing anticipated to be developed would generally be single family. D. Size: There are approximately 11.61 acres within the Buffalo Stage Phase V subdivision proposed for annexation which includes the lots and roads. i F. Existing Land Use: All of the improvements necessary for the subdivision have be installed, but the lots within the subdivision are currently undeveloped. G. Adjacent Land Uses and Zoning: North: Generally undeveloped, County R-5 zoning South: Buffalo Stage Phase IV and Edgerton School, City RA-1 zoning East:: Buffer area / park, County R-2 zoning West: Buffalo Stage Phase II, City RA-1 zoning H. General Land Use Character: The general land use character of the area is residential with few exceptions. The school operates as a non-residential use as well as a church in the area and limited offices. I. Availability of Public Services: City sewer has been extended throughout the subdivision and service is available to each lot. Roads, schools, police and fire protection are in place to serve the area. Evergreen Water and Sewer District provides water to the area. All of the public facilities and utilities have been extended in accordance with the City of Kalispell Extension of Services Plan and the Kalispell Design and Construction Standards. 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. This property is indicated on the Kalispell City County Master Plan Map as high density residential. The proposed RA-1 zoning complies with that master plan map designation, as well as the goals and policies of the document. Rezoning this property will result in no change in the amount of traffic which might be generated in the area. No impact on traffic congestion will result with this zoning designation. •- -..- -. •.- - NE R.Ma"UrrerOvi- ... .•...- ..••- There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services is adequate. =M$01@100.- -• ••- • •u• - •- •-.iii�iiti01 l=.R:IEi:M This annexation will promote the general health and welfare of the community by providing orderly growth within the city, will contribute to the City's tax base and 2 encourages growth within an established urban area where frill public services and facilities are available. •- -• .- -. ••- • • N•- • .•-. M. - M- 0IMSTS All of the properties will be required to comply with the development standards of the RA-1 zoning district which dictate minimum lot size requirements, setbacks, building height and density which assures that there will be adequate light and air. The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. No significant increase in the population in the area will result under the proposed zoning. This area has been intended to provide for urban residential development and is in an area where public services and facilities are available to the residences in the area. This zone change will not create an undue concentration of people in the area. Full public services, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. • ••-r�► • •.�I NOT I - The proposed zoning is consistent with the zoning in the surrounding area and the uses in the area. The proposed zoning is consistent with the master plan map designation and anticipated development. The requested zone gives appropriate consideration for the suitability of this area for the uses allowed under the RA-1 zone. The general character of the area is residential. Most of the uses currently in the area will continue to be developed residentially. The requested zone gives reasonable consideration to the character of the area. • - • • . • - •WAIJ • - • $WQ WAG-WAG-40 I Slam. - • • • • Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. 3 1 • '• "• ••' "• • .'" •' ••• •• ••�. • MaTMOMere The most appropriate use of land throughout the jurisdiction appears to be residential which is reflected in the current and proposed zoning. The proposed zoning will encourage the most appropriate use of land throughout the jurisdiction. 1; • FqkT_P7Nf • It is recommended that the Kalispell City -County Planning Board adopt staff report KA- 00-10 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning for Buffalo Stage Phase V should be RA-1, Low Density Residential Apartment, upon annexation. H: \... \REPORTS\KA\00\KA00-10 M 1 9 Flathead Regional Development Off -ice 723 5th Ave. East Room Kalispell, • • Phone: (406)758-5980 Fax: (406)758-5781 PETITION FOR ZONIN CITY OF KALISPELL ,HPLICATICPa NAME OF APPLICANT: (1'y4z ESL r J-A 2 uIIU MAIL ADDRESS: Ilk 3. CITY/STATE/ZIP: era y 2 M PHONE: 4. INTEREST IN PROPERTY: RGi'.l� F ID O 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: B. Legal Description: (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: Z . D. The proposed zoning of the above property is: E. State the changed or changing conditions that make the propose amendment necessary: 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe access l` C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities \ H. Giving reasonable consideration to the character of the district \a 2 I Giving consideration to the peculiar suitability of the property for particular uses J IN Protecting an the value of buildings Encouraging the most appropriate use of lasdby assuring orderly growth The signii property �g of this application signifies approval for F.R.D.O. staff to be present on the or routin54nonit,g and inspection during approval process. t) f3 ®v ( ate) 3 C 0 Pre -Application Meeting: A discussion with the Planning Director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. Completed application form. Application fee per schedule, made payable to the Flathead Regional Development Zone Chan€ Base Fee Schedule F6r,,first 80 acres of area of the request add For �ext 81 + Amendment to Zoning PUD Zoning Review: Residential Commercial Mixed Use $509!00 XO / acre $5 / acre $400.00 $400.00 + $10/ acre $600.00 + $10/acre $650.00 + $10 / acre The application must be accepted as cdm ete by the FRDO staff- thirty 30days rior to the date of the planning board mee 'ng at which it will be heard in order that requirements of state statutes and the zon g regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: \ i A. Application Contents: 1. Petition for zone change signed by at least 50% of the operty owners in the area for which the change in zoning classification is so ht. 2. A map showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner ,No. No. and Mail Address 4. A title report of the subject property. As approved by the CAB on 4/5/00 Effective 6/1/00 0 PETITION NO. kh - 00 /V BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the Rural Fire District. The petitioner (s) requesting City of Kalispell annexation of the property described herein 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 the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner (s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this day of , 2000. LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: PROPERTY ADDRESS: '?) 04�� OWNER OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of by and between PARTY(S) OF INTEREST (INCLUDES OWNER(S), LIENHOLDER(S), SELLER(S) AND THE CITY OF KALISPELL, Flathead County, Montana, WITNESSETH: hereinafter OR CONTRACT hereinafter CITY, That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement 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. THE PARTY(S) OF INTEREST 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 PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this day of PARTYOFINT E CITY OF KALISPELL City Manager ATTEST: Finance Director 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' CD-:V 4hC known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me thaGhshe executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Pblic, State of Montana A' Residing My Commission expires 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 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 my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires STATE OF MONTANA ) ss County of Flathead On this day of , before me a Notary Public in and for the State of Montana, personally appeared CHRIS A. KUKULSKI and AMY H ROBERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein set forth, and that they were duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission expires The Daily Inter LaM, S *y.., . _ bey 24� 2 No. 3961 NOTICE 05 PUBLIC HEARING , KALISPELL CITY - COUNTY . PLANNING BOARD AND,. ZONING COMMISSION ` Glacier Village Greens Annexation and Initial Zan- Diener{ Zone Change# from R-3 to R-5 — North Meridian Road Day Care Center in RA- 3— Airport Road Carver, Annexation and Initial Zoning of 1-1 — Kelly Road- DiVlta 'Annezation and Initial Zoning of B-1 — Woodland Park Drive Buffalo Stage Phase V Annexation and Initial Zon- The regular Meeting of the Kalispell City -County Planning Board and Zon- ing Cvmftf ion is -sched- uled for Tuesday, -October 10, 2000 beginning at 7:00' PM in the. Kalispell City Council Chambers, Kalis- pell City Hail, 312 First Avenue East, Kalispell. During - the ._Nregularly , scheduteif meefing of. the planning board," ilia, board will hold public hearings and take public comments' on the' following agenda` items. The board will make `e�t9corritnenc'fahon to the Kalispell; ' Coun- cil who wilt takenai ac-; . 1. A proposal by the City of KaPpell for the an- nexation of Glacier Village Greens and adjoining property to the west. The Kalispell City Council has passed a resolution of in- tent to annex platted sub- divisions within the Glacier Village Greens develop- ment and property to the west As part of the an- nexation process, a public hearing is held before the planning board regarding fhe appropriate City zoning assignment for the proper- ties proposed for annexa- tion and they will make a recommendation to the Kalispell City Council. The properties proposed for annexation can be gener- ally described as Asses- sor's Tract b and Phases I through X, including the amended subdivision plats and common areas within the platted subdivisions, but excluding Phase VIi, the clubhouse and golf course. These properties are located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead Courtly, Montana. 2. A request by Dana and Krista Diebert for a zone change from R-3, a Residential zoning, to R-5, a Residential / Professio- nal Office zoning district. The prope proposed for rezanmg is facated on the vest side of North Meridi- an Road approximately 600 feet south of Three Mile Drive. The applicants would like to convert the existing residence into of- fice space.: The property is located at 1070 North Meridian Road and con- tains approximately .33 of an acre (15,000 square fee). It can be described as Lot 4, Block 1, Adams Adclftion located in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead. County, Monta- na. 3. kregtrest by Wayne and Suzanne Elliott for a conditional, use permit to allow the operation of a day care center in an RA- 3, High Density. Residen- tial Apartment, zoning dis- trict The day care center would accommodate a maximum of 36 children. The property proposed for the day care center is lo- cated on the west side of Airport Road approximate- Iy 100 feet south of 18th Street West and the ad- dress is 1818 Airport Road, Kalispell. It can be described as Lot 1, Purdy Addition located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana 4. A request by Dennis Carver for annexation into the City of Kalispell and an initial zoning designation of 1-1, Light Industrial, on approximately one acre. The property lies on the north side of Kelly Road, approximately 800 feet east of Highway 93 South. The property is currently in the County zoning jurisdic- tion and is zoned 1-1, Light Industrial. The purpose of the annexation is so that the property owner can j connect to City water and sewer services for a pro- posed shop and office building intended for the property.. -The property can be described as As- sessor's Tract 70F located in Section 20 -Township 28 North, Range 21 West, P.M.M., Flathead -County, Montana. 5. A request by Frank DiVita for annexation Into the City of Kalispell and an initial zoning designation of B-1, Neighborhood Buf- fer District, on an approxi- mately 9,000 square feet parcel. The property lies on the northeast comer of Woodland Park Drive and Shady Glen Drive. The property is currently in the County zoning jurisdiction and fs zoned B-1,,Neigh- borhood7 professional) Business. ' The purpose of the annexation is so that the property owner can connect to City water and sewer services for an artist studio intended for the property:"The property can be described as Lot 9, and the south 25 feet of Lot 8, Block 1, Phillips Ad- dition, located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 6. A request by Buffalo Chip Partners for annexa- tiorr of Ruff alp" "Stage Phase V into ,the City of Kalispell and an' Initial zon- ing designation of RA-1, Low Density Residential Apartment. This is the fi- nal phase of Buffalo Stage Subdivision and it contains 36 lots on approximately 11.61 acres and is located on the west side of White- fish Stage Road south of Granrud Lane. This prop- erty is in the Evergreen and Vicinity Zoning District and is zoned RA-1, a Low Density Residential Apart- ment zoning district. This subdivision is served by Kalispell sewer and Ever- green water. The property can be described as Buffa- lo Stage Phase V located in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional De velopment Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public re- view during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submit- ted to the Flathead Re- gional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for addftionat-information. Thomas R. Jentz Planning Director September 24, 2000 CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of by and hetween PARTY(S) OF INTEREST (INCLUDES OWNER(S), LIENHOLDER(S), SELLER(S) AND THE CITY OF KALISPELL, Flathead County, Montana, WITNESSETH: hereinafter OR CONTRACT hereinafter CITY, That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement 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. THE PARTY(S) OF INTEREST 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 PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this day of PARTY9 OF INT RE y� t79 CITY OF KALISPELL City Manager ATTEST: Finance Director STATE OF MONTANA ) ss County of Flathead On this f�— day of ` f , before me, the undersigned, a Notary Public for the State of Montana, personally appeared-WN �)"f rc (-K, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me thaGshe executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary tublic, State of Montana Residing a<:; � `�iJ�EQ.� ntF My Commission expires 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 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 my hand and affixed my Notarial Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires On this day of before me a Notary Public in and for the State of Montana, personally appeared CHRIS A. KUKULSKI and AMY H ROBERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein set forth, and that they were duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission expires.