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Staff Report/Annexation & ZoningPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag: (406) 758-7739 www.kalispell.com/plannin2 REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius - Annexation and Initial Zoning of B-2 /PUD (General Business/Planned Unit Development Placeholder) and RA-1 / PUD (Low Density Residential Apartment/ Planned Unit Development Placeholder) MEETING DATE: February 2, 2009 BACKGROUND: The Kalispell City Planning Board met on January 13, 2009 and held a public hearing to consider a request for annexation and initial zoning districts of B-2/PUD and RA-1/PUD on four tracts of land totaling 207t acres in size. The 207 acre project site is located on the west side of Highway 93 with Cemetery Road on the north end of the site and Ashley Meadows Road on the south end. The 207 acre project site can be legally described as Tract 1 of Certificate of Survey 17744, the amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate of Survey 8369. The properties are located in Sections 29 and 32, Township 28 North, Range 21 West. Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-08-03 providing details of the proposal and the evaluation. He reported that the proposed B- 2 and RA-1 zoning districts are compatible with surrounding land uses and also consistent with the Growth Policy which designates the area as both urban mixed use and urban residential. Staff recommended the board consider recommending the council approve the initial zoning of B-2 / PUD and RA-1 / PUD based on this and other facts determined in the findings of fact report. The PUD overlay zoning districts would be approved as a PUD placeholder at this point requiring additional information, as required under the PUD provisions of the zoning ordinance, when the land is developed. At the public hearing Jerry Nix, representing the Siderius Family, spoke in favor of the proposed annexation and initial zoning. No one else wished to speak and the public hearing was closed. A brief discussion with the board took place in which it was pointed out that the initial zoning request was the same request brought to the board's attention when they were reviewing the growth policy amendment for this area several months back. A motion was made and seconded to recommend the city council approve the requested initial zoning of B-2 / PUD Placeholder and RA-1 / PUD Placeholder for the property upon annexation to the City of Kalispell. The motion passed unanimously. 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 B-2/PUD (General Business/ Planned Unit Development Placeholder) and RA- l / PUD (Low Density Residential Apartment/Planned Unit Development Placeholder) would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conra Senior Planner Report compiled January 27, 2009 Attachments: Letter of transmittal My Webb Interim City Manager Staff Report #KA-08-03 and supporting documents Draft minutes from the 1 / 13 / 09 planning board meeting Petition to Withdrawal from Rural Fire District Cost of Services Analysis and Memo c w/ Att: Theresa White, Kalispell City Clerk Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin2 REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner SUBJECT: Cost of Services Analysis - Siderius Family Limited Partnership Annexation MEETING DATE: February 2, 2009 BACKGROUND: A request from the Siderius family to annex approximately 207 acres of their property located on the west side of Highway 93 between Cemetery Road and Ashley Meadows Road is before the council. Once annexed to the City of Kalispell, full city services would be made available to the property owner. However, any necessary infrastructure associated with this development would 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. The 207 acre property is primarily vacant except for an old barn just off of Highway 93. No exact development plans have been proposed. The owners, by requesting the B-2 and RA-1 zoning districts, intend to eventually provide for a mixed development with commercial along Highway 93 and a mix of single-family, townhouse and apartment units on the west side of the property. Given the current economic conditions in the area and the large number of vacant commercial and residential lots within the city limits, development on this site could be two or more years away. Therefore, the planning department has calculated the approximate amount of taxes the city could expect from the land once annexed and the potential cost of services in the immediate future until the land is further developed. City Taxes: The 207 acre site is made up of six assessor's parcel numbers. These are 0006385, 0006384, 0006383, 0975282, 0790900 and 0012847. Table 1 below shows the anticipated city taxes all six assessor's parcel tracts would pay based on their 2008 taxable values. Table 1 Assessor's Parcel Number 2008 Taxable Value x 0.17623 (City Mill Levy Anticipated City Taxes 0006385 $11,998 x 0.17623 $2,114 0006384 $18,505 x 0.17623 $3,261 0006383 $11,408 x 0.17623 $2,010 0975282 $879 x 0.17623 $155 0790900 $119 x 0.17623 $21 0012847 $12,596 x 0.17623 $2,219 Total City Taxes $9,780 In addition to the taxes shown above each of the assessor's tracts would be required to pay the city's street assessment, storm sewer assessment and urban forestry assessment. The street and storm sewer assessments have a cap for vacant land at 2 acres. The street assessment's 2 acre cap fee is $1,064.61 and the storm sewer assessment's 2 acre cap is $250.90. The urban forestry assessment has a residential cap of $150 which equates to approximately 2 1/2 acres of land. All six assessors tracts are over 2 1/2 acres so the maximum assessments will apply. The following breakdown is the sum total of the assessment taxes for all 6 assessors tracts for each of the three assessments: ® Street assessment - $6,387.66 (6 assessors tracts x $1,064.61) ® Storm sewer assessment - $1,505.40 (6 assessors tracts x $250.90) ® Urban forestry assessment - $900 (6 assessors tracts x $150) ® Total Assessment Taxes = $8,793.06 Cost of Services: Part of the annexation includes approximately 1/2 mile of the south half of Cemetery Road, running from Highway 93 west to the western boundary of the city's 40 acre biosolids land application site. When annexed, the city will be responsible for the maintenance and snow plowing for both the north and south sides of Cemetery Road, for the approximate 1/2 mile. The maintenance for this section of Cemetery Road may cost upwards of $9,000 a year. This figure was arrived at by taking the current budget for street maintenance and dividing it by the total miles of city streets. No other city services are expected to be provided to the 207 acre site until such time as development occurs on the property. CONCLUSIONS: Cost of services for this annexation is estimated to be $9,000. Anticipated taxes generated by the annexation are estimated at $18,573.06. Based on these estimated figures, the net revenue to the city would be approximately $9,573. A complete and accurate calculation of impact fees will 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. Respectfully submitted, Sean Conrad Senior Planner Analysis compiled: January 27, 2009 c: Theresa White, Kalispell City Clerk Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin2 January 27, 2009 Myrt Webb, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius - Annexation and Initial Zoning of B-2/PUD (General Business/Planned Unit Development Placeholder) and RA-1 / PUD (Low Density Residential Apartment/ Planned Unit Development Placeholder) Dear Myrt: The Kalispell City Planning Board met on January 13, 2009 and held a public hearing to consider a request for annexation and initial zoning districts of B-2 / PUD and RA-1 / PUD on four tracts of land totaling 207f acres in size. The 207 acre project site is located on the west side of Highway 93 with Cemetery Road on the north end of the site and Ashley Meadows Road on the south end. The 207 acre project site can be legally described as Tract 1 of Certificate of Survey 17744, the amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate of Survey 8369. The properties are located in Sections 29 and 32, Township 28 North, Range 21 West. Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-08-03 providing details of the proposal and the evaluation. He reported that the proposed B-2 and RA-1 zoning districts are compatible with surrounding land uses and also consistent with the Growth Policy which designates the area as both urban mixed use and urban residential. Staff recommended the board consider recommending the council approve the initial zoning of B-2 / PUD and RA-1/PUD based on this and other facts determined in the findings of fact report. The PUD overlay zoning districts would be approved as a PUD placeholder at this point requiring additional information, as required under the PUD provisions of the zoning ordinance, when the land is developed. At the public hearing Jerry Nix, representing the Siderius Family, spoke in favor of the proposed annexation and initial zoning. No one else wished to speak and the public hearing was closed. A brief discussion with the board took place in which it was pointed out that the initial zoning request was the same request brought to the board's attention when they were reviewing the growth policy amendment for this area several months back. A motion was made and seconded to recommend the city council approve the requested initial zoning of B-2/PUD Placeholder and RA- 1/PUD Placeholder for the property upon annexation to the City of Kalispell. The motion passed unanimously. Please schedule this matter for the February 2nd regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan Schutt President Attachments: Letter of transmittal Staff Report #KA-08-03 and supporting documents Draft minutes from the 1 / 13 / 09 planning board meeting Petition to Withdrawal from Rural Fire District Cost of Services Analysis and Memo c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius 6010 Highway 35, Bigfork, MT 59911 Jerry Nix, 43 Sunrise Drive, Kalispell, MT 59901 Tia Robbin, 24 lst Avenue East, Ste C, Kalispell, MT 59901 REQUEST•R INITIAL ZONINGOF r AND r UPON ANNEXATION REPORTSTAFF r_ r This is a report for the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of B-2 (General Business) and RA-1 (Low Density Residential Apartment) with a Planned Unit Development (PUD) placeholder upon annexation to the city for property located on the west side of Highway 93 between Cemetery Road and Ashley Meadows Lane. A public hearing has been scheduled before the planning board for January 13, 2009 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 property owner has petitioned for annexation and initial zoning classification of B-2/PUD and RA-1 /PUD. A. Petitioner and Owners: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius 6010 Highway 35 Bigfork, MT 59911 B. Location and Legal Description of Property: The 207 acre project site is located on the west side of Highway 93 with Cemetery Road on the north end of the site and Ashley Meadows Road on the south end. The 207 acre project site can be legally described as Tract 1 of Certificate of Survey 17744, the amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate of Survey 8369. The properties are located in Sections 29 and 32, Township 28 North, Range 21 West. C. Existing zoning: The properties are currently in Flathead County jurisdiction with the majority of lots zoned I-1H, Light Industrial - Highway. A smaller area in the southwest corner of the 207 acre site is zoned SAG-10, Suburban Agricultural. The SAG-10 zoning abuts several larger rural residential lots developed with single-family residences to the south and west of the 207 acre site. The I-1H zoning district has a one -acre minimum lot size requirement. The I- 1H zoning district is intended for industrial areas which are located along state and federal highways and contain greater levels of performance and mitigation utilizing increased setbacks, landscape buffering, access control and signage restriction for the purpose of protecting the County's major travel ways from unnecessary encroachments, limiting access points to encourage improved traffic flows and to preserve scenic corridors and entrance ways to major communities. The SAG-10 zoning district is intended to provide and preserve agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate -type residential development. D. Proposed Zoning: The B-2, General Business, zoning designation is proposed on approximately 83.7 acres located on the eastern portion of the 207 acre project site along Highway 93. The B-2 zoning district is intended to provide areas for those retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities. This district would also serve the general needs of the tourist and traveler. This district depends on the proximity to major streets and arterials. This district should be located in business corridors or in islands. The RA-1, Low Density Residential Apartment, zoning designation is proposed on the remaining 123.4 acres located on the western and southwestern portions of the 207 acre project site. The RA-1 zoning district is a residential apartment district to provide areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services and shopping districts. The Planned Unit Development (PUD) placeholder is also proposed to be placed over the entire 207 acre project site in conjunction with the B-2 and RA-1 zoning districts. The intent of the PUD placeholder is to allow the developer to enter into a development agreement with the city, binding the property to a future PUD application. The PUD placeholder does not require the developer to provide any application materials or development plans and the developer does not receive any entitlements other than a commitment between the city and the developer that if development is to proceed it will be done via the PUD process. Prior to development of the individual properties, the developer would submit for review and approval a full PUD application as required by the zoning ordinance. E. Size: The area proposed for annexation and zoning encompasses approximately 207 acres. F. E7dsting Land Use: The majority of the 207 acres is unimproved land except for two lots. Lot 4 of the amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat of lot 4 Ashley Business Park Subdivision includes an existing barn along its eastern boundary and can be seen and accessed from Highway 93. Lot 3 of the amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat of lot 4 Ashley Business Park Subdivision includes an existing billboard. Figure 1: This picture was taken from the highway right-of-way and shows the existing barn and billboard on the project site. If the properties included in the annexation request are annexed and are given the initial zoning of B-2 the billboard sign on lot 3 will be subject to the sign standards contained in the Kalispell Zoning Ordinance. Section 27.24.080(7) of the zoning ordinance states, in part, "The total number of billboard faces in the city limits of Kalispell shall not exceed 18, except that property occupied by billboard(s), which is annexed to the city, after March 19, 1992, shall be subject to the provisions of Section 27.24.150, and billboard(s) located thereon may remain, but shall not, thereafter, be relocated." Section 27.24.050 of the zoning ordinance deals with nonconforming signs and signs without permits. G. Adjacent Land Uses and Zoning: Adjacent land uses are a mix of commercial and light industrial along Highway 93 with undeveloped land approximately 1/4 mile west of the highway. These uses include a gas station, log home builders, RV sales and service business and several large buildings housing various commercial and light industrial businesses. An attached aerial photo of the area titled Siderius Annexation Area shows existing development in relation to the land requesting annexation and initial zoning. 3 North: Residential and commercial, County R-5 (Two -Family Residential) and City B-2 (General Business) West: Unimproved land and rural residential development, County SAG- 10 (Suburban Agricultural) and County I-1H (Light Industrial - Highway) South: Rural residential, County SAG-5 (Suburban Agricultural) East: Commercial/Industrial, County I-1H (Light Industrial -Highway) H. General Land Use Character: The general land use character of the Highway 93 South corridor is commercial and light industrial uses concentrated along Highway 93. Moving west from the highway oriented businesses are larger undeveloped tracts or rural residential tracts of land. I. Availability of Public Services and Extension of Services: Existing city infrastructure in this area includes city water and sewer lines running the length of Highway 93 from Cemetery Road south to the Old School Station subdivision. These lines have been oversized to serve not only the Old School Station subdivision but the anticipated future development that would occur on the tracts of land included with the annexation request. • c• is) was) The statutory basis for reviewing a change in zoning is set forth by 76-2-303, Montana Code Annotated (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. 1. Does the requested zone comply with the Kalispell Growth Policy? The Kalispell City Council approved a growth policy amendment in December of 2008 for the Highway 93 South area. The growth policy amendment was initiated by the Siderius Family for the 207 acre project site and was expanded to include both east and west sides of Highway 93 down to Rocky Cliff Drive by the planning board. The city council amended the growth policy map eliminating the industrial and suburban residential designations on the 207 acre site and designating the urban mixed use designation along the east half of the site and urban residential designation on the west half of the site. The existing commercial land use designation at the intersection of Highway 93 and Cemetery Road remained in place. The Kalispell Growth. Policy Future Land Use Map provides examples of appropriate land uses for each of the land use designations shown on the map. For the commercial land use designation retail, offices, services, mixed use and residential uses are deemed appropriate. For the urban mixed use designation offices, residential, commercial and light industrial uses are listed. The urban residential designation includes single-family, duplex and low density multi- family units with a typical dwelling unit density of 3 to 12 dwellings per gross acre as appropriate. Based on the growth policy land use designations the applicants requested the B- 2 (General Business) and RA-1 (Low Density Residential Apartment) zoning districts upon annexation. The proposed B-2 (General Business) zoning district permits a variety of office, commercial and residential uses that are compatible with the commercial and urban mixed use designation. This is based on the B-2 zoning district's intent to provide areas for retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise. The B-2 zoning district depends on the proximity to major streets and arterials. Designating the eastern half of the project site B-2 allows future development to incorporate vehicle access directly onto Highway 93 into the development plans. The following goals of the Kalispell Growth Policy support the request to zone the eastern portion of the project site to B-2 upon annexation: Chapter 4, Goal 2 NEW COMMERCIAL DEVELOPMENT SHOULD OCCUR IN AREAS WHERE PUBLIC WATER AND SEWER ARE AVAILABLE. Chapter 4, Goal 6 PROVIDE ADEQUATE AREAS WITHIN THE COMMUNITY FOR COMMERCIAL AND INDUSTRIAL EXPANSION AND DEVELOPMENT. The proposed RA-1 (Low Density Residential Apartment) zoning district is proposed on the west half of the 207 acre project site. This area of the project site is designated urban residential on the growth policy future land use map. The urban residential land use designation anticipates residential development with a density of between 3 to 12 dwelling units per acre. Typical development within the urban residential land use designation includes single-family, duplex and low density multi -family housing. The RA-1 zoning district is compatible with the urban residential land use designation in that it permits single-family and duplex homes and conditionally permits multi -family buildings. The density limits of the RA-1 zoning district would also conform to the urban residential land use designations anticipated densities of 3 to 12 dwelling units per gross acre. In addition to zoning the 207 acres B-2 and RA-1 upon annexation the developer is also requesting the Planned Unit Development (PUD) placeholder be included in the zoning. All of the land requesting annexation is unimproved and there is the potential for one or more of the tracts of land to be sold and developed separately. This can become a problem if future street and utility connectivity is lost due to poor design. The PUD placeholder will allow the developer to enter into a development agreement with the city, binding the property to a future PUD application. The PUD placeholder will be beneficial to both the current or future developers and the city as it would take into account the development of each individual or combination of tracts of land with surrounding lots and uses. This broader view of the area will help to ensure there will be a cohesive design of future streets, sidewalks, stormwater, building location and design and parking on the properties. Support for a cohesive design for lots zoned commercial and residential is included in the following chapters of the growth policy: Chapter 4, Goal 5 LARGE SCALE RETAIL SHOULD BE ENCOURAGED TO DEVELOP IN AN ARCHITECTURALLY COMPATIBLE WAY AND WITH AN INTEGRATED SITE DESIGN RATHER THAN AS AN ISOLATED DEVELOPMENT. Highway 93 South Corridor Growth Policy Amendment, Goal 2 EXPANSION OF COMMERCIAL DEVELOPMENT SOUTH OF CEMETERY ROAD/LOWER VALLEY ROAD NEEDS TO BE ADDRESSED UNDER A PLANNED UNIT DEVELOPMENT IN ORDER TO ADEQUATELY ADDRESS VEHICULAR AND PEDESTRIAN ACCESS, SIGNAGE, SETBACKS, AND OTHER ISSUES RELATING TO PROTECTING AND PRESERVING THE COMMUNITY ENTRANCE WAY TO KALISPELL. Highcvay 93 South Corridor Growth Policy Amendment, Policy 19 Development in the commercial areas should be mixed use in nature creating an overall integrated neighborhood as opposed to linear strip commercial development fronting the gateway entrances. The PUD placeholder does not require the developer to provide any application materials or development plans at this time. The developer does not receive any entitlements other than a commitment between the city and the developer that if development is to proceed it will be done via the PUD process. Prior to development of the individual properties, the developer would submit for review and approval a full PUD application as required by the zoning ordinance. In conclusion, the proposed B-2/PUD and RA-1/PUD zoning districts are consistent with the commercial, urban mixed use and urban residential land use designation shown on the Kalispell Growth Policy Future Land Use Map. The requested zoning districts are also consistent with the above stated goals and policies of the Kalispell Growth Policy. 2. Is the requested zone designed to lessen congestion in the streets? The uses allowed under the proposed B-2 and RA-1 zones may generate more traffic than those allowed under the existing I-1H county zoning. This is because the proposed B-2 and RA-1 zoning include residential development in addition to small and large scale commercial retail. All of the tracts included in the annexation request are adjacent or within 1/2 mile of Highway 93. Highway 93 has had significant upgrades with respect to road widening and resurfacing of the road in the last three years. These upgrades have allowed the highway to handle more traffic at higher speeds. By placing the PUD placeholder over the property the city council will have the authority to review and require alternative transportation routes in the area to maintain the 51 functionality of Highway 93 and in turn lessen traffic congestion for the highway and immediate streets. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available or would be constructed in conjunction with future development of the site in the case of an emergency. Any 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 would be available to the property. For water and sewer service this may require main line extensions by the developer for future projects. The Kalispell Municipal Airport is north of the project site and is currently going through plans to expand. This expansion includes the realignment of the runway to the west and south creating take off and landings of planes over the northeast portion of the project site. Although associated noise from plane traffic may not impact commercial business the likelihood of noise impacts to future residential development in this area is high and may be deemed a safety hazard. Antennas and commercial or public towers may also pose a danger to the future air traffic. Therefore, height limitations and the location of antennas or towers will need to consider air traffic patterns in the area. By placing a PUD placeholder over the 207 acre project site the city and the developer have the tools to adequately address the impacts the airport may have on a future development for the site. At a minimum this will include meeting the following goal and policies of the Highway 93 South Corridor Growth Policy Amendment: Goal 8 DEVELOPMENT SHOULD INCORPORATE DESIGN FEATURES AND LAND USES APPROPRIATE TO ADJACENT AIRPORT TRAFFIC. Policy 15 Because of the presence of the municipal airport, residential uses are not deemed to be appropriate within 1/4 mile of the easterly 1/2 mile of Cemetery Road (the south end of the proposed runway). Policy 16 Height of personal, commercial or public communication towers or antennas should be restricted to reduce conflicts with the existing and proposed Kalispell Airport expansion. 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 which would be consistent with the city's growth policy map and provide a place for new residential, commercial business or light industrial uses to locate within city limits. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on the properties are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? The potential development associated with the property would be limited by both the development standards associated with the B-2 and RA-1 zoning districts that relate to lot coverage and the types of uses permitted under the zoning. The PUD placeholder will ensure that the uses and layout of properties included in the annexation will not cause an overcrowding of land. Commercial and residential development in this area is appropriate because of its location and the availability of urban services. The PUD placeholder will also allow site specific review of development compatibility next to the city airport, city bio treatment site, future highway bypass, Highway 93 and Ashley Creek. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards will avoid the undue concentration of people if the properties are further developed. In addition, the PUD process will help mitigate any impacts associated with the city airport, city bio treatment site, future highway bypass, Highway 93 and Ashley Creek. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities will be provided to the properties prior to construction and development is encouraged in the Kalispell Growth Policy 2020 where these services are available. The future Highway 93 Bypass would bisect the project site from east to west, starting from the existing Highway 93 and heading west across Ashley Creek. The proposed zoning would not affect the location or design of the bypass. However, any future projects proposed on the project site will be required to reflect the future Highway 93 Bypass. The proposed PUD zoning and potential future subdivision of the property will require designing the project around the bypass project accordingly. The properties have legal access onto either Cemetery Road or Highway 93. Within the Highway 93 right-of-way are city water and sewer main lines. If annexed, these lines would be available for future developers to extend to their individual project. There are no sidewalks or bike paths along the portion of Highway 93 where several of the properties are located. This will make pedestrian or bicycle travel difficult and require future development on lots adjacent to Highway 93 to install bike or pedestrian paths. Utility connections and transportation corridors would be addressed when development is proposed on the property. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? All of the properties are fairly level with the 207 acre project site's western portion within a 100-year floodplain. The RA-1 zoning is proposed along the Ashley Creek corridor. Although this zoning district permits residential development and conditionally permits multi -family housing the PUD overlay and future subdivision of the site will require setbacks to the creek so that future development is out of the floodplain portion of the property. The proposed B-2 zoning district would permit uses consistent with the surrounding land uses already established along the Highway 93 corridor. The proposed RA-1 zoning would provide for residential development next to or across Ashley Creek from existing rural residential development. The proposed zoning districts can therefore be found to give 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 properties included in the annexation and initial zoning request are located on the west side of Highway 93 south of Cemetery Road. This area's character is a combination of commercial and industrial development along Highway 93 with undeveloped lands both along the highway and west of the existing development. There are several larger residential tracts of land west of the project site along Cemetery Road and south of the project site along Ashley Meadows Road. In the early 1990's the city and county adopted the Highway 93 South Neighborhood Plan as an amendment to the Kalispell City -County Master Plan. The Highway 93 South Neighborhood Plan was completed in large part to provide a basis for zoning this area just outside of city limits. At that time it was determined that industrial land uses would be the most appropriate for this area instead of maintaining the predominately agricultural uses that had been in place. The county subsequently zoned the area in and around the properties requesting annexation to an industrial zoning district. This district is still in place today and has led to the mix of commercial and industrial uses which make up this area of the county. The character of this area, once primarily large single family lots and agricultural operations, continues to change. This can be attributed to the county industrial zoning initiated over a decade ago and more recently the installation of public water and sewer lines in this area. The he B-2 and RA-1 zoning designations with a PUD placeholder over the entire 207 acre project site would be appropriate for the site given the existing land uses along the highway and proximity to existing and proposed highways to accommodate increases in traffic for the area. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the B-2 and RA-1 zoning will promote compatible and like uses on the project site which can be found on other properties in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Commercial and residential development should be encouraged in areas where services and facilities are available to support these types of uses permitted or conditionally permitted under the B-2 and RA-1 zoning districts. The proposed zoning and potential subsequent uses would be consistent with the surrounding land uses in the area. When development occurs, construction standards outlined and required in the city's building codes and subsequent PUD review will help to enhance one of Kalispell's most used gateway entrance corridors. Ifax .0oIj)1 M U STU CO) tA Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-08-03 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-2/PUD (General Business/Planned. Unit Development) and RA-1 /PUD (Low Density Residential Apartment/Planned Unit Development). 10 NAME OF APPLICANT: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn Yenne Patricia A. Sanders Raymond E. Siderius, and Linda L. Siderius. MAIL ADDRESS: 6010 Highway 35, Bigfork, MT 59911. INTEREST IN PROPERTY: Owners of record. LEGAL DESCRIPTION: Three parcels included in annexation request. Legal descriptions attached hereto. LAND IN PROJECT: 207.158 Acres CURRENT ESTIMATED MARKET VALUE: $3,673,979; at 50% build out: 6 678 000; at 100% build out: unknown. PRESENT ZONING OF THE ABOVE PROPERTY: Flathead County 1-11-1 (Light Industrial), SAG 10 (Suburban Agriculture), and B-2 (General Business). PROPOSED ZONING OF THE PROPERTY: City of Kalispell B-2 General Business and RA-1 Low Density Residential Apartment. STATE THE CHANGED OR CHANGING CONDITIONS THAT MAKE THE PROPOSED AMENDMENT NECESSARY: The applicant is proposing a master planned communitV with various amenities and services which require City of Kalispell water and sanitary sewer services. �a� t The signing of this petition signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning Staff to be present on the property for routine inspection during the annexation process. S FAMILY LIMITED PARTNERSHIP: ! /. z 3,Cr�' Jo vnn Ye e Date Patricia A. r riders Date Raymond E. Siderius Date Linda L. Siderius Date Josephine R. Siderius Date JOSEPHINE R. SIDERIUS LIVING TRUST: Josephine R. Siderius Date TENANTS IN COMMON: � 00 0 can ' �L- -f- Jo Lvnn Y ne Date �atricia A S riders Date Al ��aymond E. Siderius ate Linda L. Siderius Date STATE OF MONTANA ) ) ss: County of Flathead ) On January 23, 2008, before me, a Notary Public for the State of Montana, personally appeared JO LYNN YENNE, individually and on behalf of the Siderius Family Limited Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she freely and voluntarily executed the same. STATE OF MONTANA County of Flathead zYz Tia R. Robbin Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires: 11-15-2009 ) ss: On January 24, 2008, before me, a Notary Public for the State of Montana, personally appeared PATRICIA A. SANDERS, individually and on behalf of the Siderius Family Limited Partnership, and JOSEPHINE R. SIDERIUS, individually, on behalf of the Siderius Family Limited Partnership and on behalf of the Josephine R. Siderius Living Trust, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they freely and voluntarily executed the same. "011 S 9 11 1// l'� RO_R .. PUBLIC //sE3lSE14, Tia R. Robbin Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires: I 1-15-2009 r ° ' t STATE OF COLORADO CITY AND COUNTY OF DENVER ss. frf On this ;k day of 206 , before me, the undersigned, a Notary Public, personally appeared , ,personally known to me to be the person whose name is subscribed to this instrument, and acknowJg4ged that she executed the same. J4� NOTARY PUBLIC — Stat f Colorado My Commission Expires: t (' le'-2 State of Oregon County of -0 lilL&&V\CA�S On this 1�CVV\ day of Public, personally appeared kiwth� ocna- O z���m� Z 6- X ;vzi7= Cn O W c MA4FF: oW0 z t TEFRI L. C0NZALEo o me, the undersigned, a Notary personally known to me to be the person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she/they) executed the same. OFFICIAL SEAL JULIE SHOOK NOTARY PUBLIC - OREOON f Nb?TARY PUPLIC - State of Oregon COMMISSION NO.K39&633 MY COMMISSION EXPIRES - 30, 2009 My Commission Expires: AIV-4. Y F Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 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 the 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 7-2-4610, 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 5o'aTH Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. 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 fide legal description of the property to be annexed. This petition is hereby signed by the following Petioners, who are the Owners of Record of the subject properties described herein: ��� �• at /•+Date Patricia A. Sa ers Date aymond E. Siderius ate Linda L. Siderius Date `Josep ine R. Siderius Date ' Josep ine R. Siderius Date 9&� 1.2-3,,d' Jo L nn Ye a Date Patricia A. Sanders 4 Date Linda L. Siderius Da e STATE OF MO DF<NA ) C'11kC' L_tyt. ss County of F a County On this I kl'o' day of a&L►'i.Ui before me, the undersigned, a Notary Public for the State of �a, personally appeared cULTnf n, , �f d er, uyc, 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 WHEREOF, I have hereunto set my hand and axed my Notary Seal the day and first above written. OFFICIAL SEAL JULIE SHOOK NOTARY PUBLIC - OREGON COMMISSiON NO. A396633 00ISSION EES AUG. 30, YOt}8 STATE OF 'RDNTANW -') !titil-C. : ss County of44athead County A a U I Q'i Q -- Notary lic, St e of Moat= Q-'-e .yl PrintedName Residing at l_u.V-e_ My Commission expires: , n . ?T006i On this day of , , 2 0Y> ,before me, the undersigned, a Notary Public for the State of Montana, p sonally appeared L t K c( �,, L . 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 e _ _ ff& hereunto set my hand and affixed my_ Notary Seal the day and year in this cep TERM L. CON LES Bo Q '6���•° a eon°°� STATE OF MOF� County of Flathead �Lzl, _-;c - ZCA� Notary Public, State of - Printed Name Residing at t 3 My Commission expires: c oe On this �A day of before me, the undersigned, a Notary Public for The State of Montana, personally appe d n +711-CAA Sa na_e t � and the , and respeetivel�of ( t s f P , 'L� r1a_ the persons who e�Er E fliCl in .ent M on hahalf of_saaidromorafum, and acknowledged to me that sueh s eratien executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificite d% 8buvFwritten. a`1 `�� •• `� ` PUBLIC r,'jdBiitt{1OO Notary Public, State of Montana Printed Name T I P�- V O4_�P,16 Residing at l,A_r 3I9o1 My Commission expires j 1 • t 5 • 200 STATE OF MONTANA ) ) ss: County of Flathead ) On January 23, 2008, before me, a Notary Public for the State of Montana, personally appeared JO LYNN YENNE, individually and on behalf of the Siderius Family Limited Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she freely and voluntarily executed the same. Tia R. Robbin Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires: 11-15-2009 STATE OF MONTANA ss: County of Flathead On January 24, 2008, before me, a Notary Public for the State of Montana, personally appeared PATRICIA A. SANDERS, individually and on behalf of the Siderius Family Limited Partnership, and JOSEPHINE R. SIDERIUS, individually, on behalf of the Siderius Family Limited Partnership and on behalf of the Josephine R. Siderius Living Trust, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they freely and voluntarily executed the same. 11III/ It PUT1 LIC !f,l,dttlltti°``t Tia R. Robbin Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires: 11-15-2009 Exhibit A Siderius Commons Annexation Parcel Descriptions A tract of land situated, lying and being in the south half of the northeast and in the southeast quarter of Section 29, and in the north half of the northeast quarter of Section 32, all in Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Tract 1 of Correction Certificate of Survey No. 17744: Beginning at the southwest corner of the SEl/4 of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, which is a found aluminum monument; Thence N00019' 14"W 332.53 feet to a found iron pin on the southwesterly right-of-way of the old Burlington Northern Railroad; Thence S41°46'31"E along said right-of-way 2221.73 feet to a found iron pin on the south boundary of the NE1/4NE1/4 of Section 32, Township 28 North, Range 21 West, P.M.M.; Thence N89°43'36"W 162.55 feet to a found iron pin being the southeast corner of the NW1/4NE1/4 of said Section 32; Thence N89°48'24"W 1313.07 feet to a found iron pin being the southwest corner of said NWl/4NE1/4; Thence N00°06'58"W 1319.16 feet to the point of beginning, containing 27.954 acres more or less. Also: Commencing at the southwest corner of the SE1/4 of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, which is a found aluminum monument; Thence N00019' 14"W 332.53 feet to a found iron pin on the southwesterly right -of way of the old Burlington Northern Railroad; Thence N00°20' 14"W 150.97 feet to a found iron pin on the northeasterly right-of-way of the old Burlington Northern Railroad and the TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence N00°18'19"W 2160.10 feet to a found iron pin being the southwest corner of the SWl/4NE1/4 of said Section 29; Thence S89°44'40"E 1352.40 feet to a found fence post; Thence N00021' 14"W 1288.17 feet to a found iron pin on the south right-of-way of a 60 foot declared county road known as Cemetery Road; Thence N89°42'07"W along said right-of-way 1351.96 feet to a found iron pin on the west boundary of said SW1/4NE1/4; Thence N00°20'01" W 30.00 feet to a found iron pin being the northwest corner of said SWl/4NE1/4; Thence S89°42'23"E along the north boundary of the Sl/2NE1/4 of said Section 29 a distance of 2057.73 feet to a found iron pin; Thence S00°O1'31"E 3447.47 feet to a found iron pin; Thence N89°45'40"W 699.89 feet to a found iron pin; Thence SOO°12'49"E 409.27 feet to a found iron pin; Thence S89°52'28"W 20.00 feet to a set iron pin; Thence S00°12'58"E 104.05 feet to a found iron pin being the northeast corner of the NWl/4NE1/4 of Section 32, Township 28 North, Range 21 West, P.M.M.; Thence S00009' 17"W 987.57 feet to a found iron pin on the northeasterly right-of-way of the old Burlington Northern Railroad; Thence N41°46'41"W along said right-of-way 1980.36 feet to the point of beginning, containing 145.610 acres more or less; for a grand total of 173.564 acres more or less. Together with: A tract of land in the SE1/4SE1/4 of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Parcel A of Certificate of Survey No. 8369: Commencing at the southeast corner of said SE1/4SE1/4 of Section 29; Thence N89°44'36"W along the south boundary of said SEl/4SE1/4 a distance of 77.55 feet to the west right-of-way boundary of U.S. Highway 93; Thence N00°00'56"W along said right-of-way 104.00 feet to the northeast corner of Parcel 2 as shown and described on Certificate of Survey No. 5066 of records of Flathead County, Montana, said corner being the TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence N89°44'36"W along the north boundary of said Parcel 2 and its extension thereof 1222.27 feet; Thence N00°12'40"W 409.55 feet; Thence S89044'36"E 823.67 feet; Thence S00°00'56"E 209.54 feet to the northwest corner of Tract 1 as shown and described on Certificate of Survey No. 6048 of records of Flathead County, Montana; Thence S89°44'36"E along the north boundary of said Tract 1 a distance of 400 feet to said west right-of-way of U.S. Highway 93; Thence S00°00'56"E along said right-of-way 200 feet to the point of beginning, containing 9.574 acres more or less. Together with Lots 3,4 and 5 of ASHLEY BUSINESS PARK AMD L3&5 & AMD L4 AMD located in the El/2 of the NE1/4 of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana I I I I II II I it III III I I II I I I II I II II I I I II I l ul l I I II I I I II I II II I I I II I II II I I I II it I II I II II Paula Robinson, Flathead County MT by JS Return to Plat Room 200800033766 Page: 1 of 1 Fees: $11.00 12/17/2008 11:12 AM J. AFFIDAVIT I certify that on the recorded plat of THE AMENDED SUBDIVISION PLAT OF LOTS 3 AND 5 OF ASBLEY BUSINESS PARK AND AMENDED PLAT OF THE AMENDED PLAT OF LOT 4 ASBLEY BUSINESS PARK SUBDIVISION (records of Flathead County, Montana), instrument rec. no. 200300909220, Q 1: The distance shown from the south east comer of Section 29 on the plat north along the section line should be 1519.63 feet instead ofthe 1003.57 feet shown. 2: I also certify that the first seven (7) lines of the legal description thereon should be corrected to read as follows: 0 Commencing at the southeast comer of Section 29, T.28N.,R.2 1W., which is a found railroad spike per Certificate of Survey no. 8008, Thence N00°02'05"W along the east O section line of Section 29 a distance of 1519.63 feet to a point; thence N89°53'25"W a distance of 96.87 feet to a set iron pin and the True Point of Beginning of the parcel herein described, said point also being on the west Right -of Way (ROW) line of U.S. Highway 93, said point also being on the south boundary of Lot 3 of Ashley Business 64 Park Subdivision, (records of Flathead County, Montana); Thence along the south -3 boundary of said Lot 3 N89°53'25"W a distance of 502.26 feet to a found iron pin; ...... 0 Date Z day of December, 2008. Richar, Goacher, P.L.S. 7318E `7- State of Arizona ) SS County off On this ay of December, 2008 before me a Notary public for the State of Arizona, personally appeared Richard G. Goacher, and known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he executed the same. y �; Notary Public for t6. State of Arizona fl F" a 31 S) Printed Name Davin rayr,umada Residing at:�'�,i�� My Commission Expires ZL!AL/ A ( X r���rii7h�.iun _x�irs _7Je�l2�10 Siderius Annexation Area v CERTIFICATION APPLICANT: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda • 1, the undersigned certify that I did this date mail via First Class Mail a copv of the attached notice to the following list of landowners adjoinjAg t property lines of the property where an annexation & initial zoning and growth policy amendment has been requested. I Date: 19 lI •' ,. Siderius Family Ltd Partnership 6010 Highway 35 ff,'igfork, MT 59911 SunriseJerry Nix 43 Drive Kalispell,.. Siderius Family Ltd Partnership 1890 Lower Valley Road Kalispell, MT '09901 Siderius Family Ltd Ptnshp, Etal Jerry Nix 6010 Highway 35 43 Sunrise Drive Bigfork, MT 59911 Kalispell, MT 59901 James & Alyce Sandholdt 2559 Airport Road Kalispell, MT 59901 Patricia Sanders Siderius Family Ltd Ptnshp 1890 Lower Valley Road Kalispell, MT 59901 Jerry 8s Pamela Mergenthaler 1414 North Montana Avenue Helena, MT 59601 Bett Fields Rev Inter-Vivos Tr 3340 U.S. Highway 93 South Kalispell, MT 59901 Rocky Mountain Land & Cattle 250 2nd Street East Whitefish, MT 59937 Matt Ek 249 Farwest Road Lonepine, MT 59848 William Lodinoff 2493 Airport Road Kalispell, MT 59901 HQT, LLC 598 Swan River Road Bigfork, MT 59911 Todd & Davar Gardner AD% James Ramlow Gardner Investments P.O. Box 958 Kalispell, MT 59903 Christopher & Sharon Colvin 5750 Rabe Road Columbia Falls, MT 59912 Montana Commerce, LLC 600 South Main Butte, MT 59701 Neil 8s Phyllis Bertelsen Fmly Tr 212 Apple Tree Circle Kalispell, MT 59901 Karen Vanderkolk P.O. Box 3231 Kalispell, MT 59903 Canyon Meadows Prop., Ltd Larne Holdings, Inc. 159 Stone Pine Drive Calgary, AB Canada T3Z3B5 Kalispell Elks Building Asso. P.O. Box 790 Kalispell, MT 59903 Joshua & Teri Gall 2575 Airport Road Kalispell, MT 59901 Gerald & Christine Scott 336 Cemetery Road Kalispell, MT 59901 Knoll Properties, LLC P.O. Box 2391 Kalispell, MT 59903 Vicki Bruff 2589 Airport Road Kalispell, MT 59901 Treweek Family Ptnshp 670 Foys Lake Drive Kalispell, MT 59901 Z-600, Inc. P.O. Box 1869 Bigfork, MT 69911 Lawrence 8s Vivian Peterson 141 Cemetery Road Kalispell, MT 59901 Colleen Ramsey 252 Ashley Meadows Kalispell, MT 59901 Cameron 8v Kristy Gillette P.O. Box 7291 Kalispell, MT 59904 Top Notch Land Company 3250 US Highway 93 S Kalispell, MT 59901 Stephen 8s Elaine Evans Rick 8v Susie Hullett State of Montana 255 Ashley Meadows P.O. Box 2500 Department of Transportation Kalispell, MT 59901 Bigfork, MT 59911 P.O. Box 201001 Helena, MT 59620 City of Kalispell Flathead County Attn: City Clerk Attn: County Commissioners P.O. Box 1997 800 South Main Street Kalispell, MT 59903 Kalispell, MT 59901 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION January 13, r• The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January 13, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make recommendations to the Kalispell City Council who will take final action. 1. A request from Kisa Davison for a conditional use permit to operate a yoga studio and jiu jitsu school within an existing building located at 419 1st Avenue East. The property is zoned B-4 (Central Business) and can be legally described as Lot 14, Block 77 of Kalispell Original Townsite located within, Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by the Siderius Family Limited Partnership to annex approximately 207 acres into the City of Kalispell. The owners have requested the B-2 (General Business) zoning district on the east half of the property and RA-1 (Low Density Residential Apartment) zoning on the west half. A Planned Unit Development (PUD) placeholder zoning district is also requested to be placed over the entire 207 acre site. The 207 acre project site is located on the west side of Highway 93 with Cemetery Road on the north end of the site and Ashley Meadows Road on the south end. The project site can be legally described as Tract 1 of Certificate of Survey 17744, the amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate of Survey 8369. The properties are located in Sections 29 and 32, Township 28 North, Range 21 West. P.M.M., Flathead County, Montana. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 758-7940, or e-mail us at planningakalispell.com for additional information. Thomas R. Jentz Planning & Building Director l LEGAL Nonus No. 13857 NOTICE OF PUBLIC HEARING KALISP ELL CITY PLANNING BOARD AND ZONING COM- , MISSION January 13, 2009 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, Janu- ary 13, 2009 beginning at 7:00 PM in the Kalis- pell City Council Cham- bers, Kalispell City Hail, 201 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 recom- mendations to the. Kalis- pell City Council who will take final action. 1. A request from Kisa Davison for a condition- al use permit to operate a yoga studio and jiu jit- su school within an ex- isting building located at 419 1st Avenue East. The property is zoned B-4 (Central Business) and can be legally de- scribed as Lot 14, Block 77 of Kalispell Original Townsite located within 'Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by the Siderius Family Limited Partnership to annex approximately 207 acres into the City of Kalispell. The owners have requested the B-2 (General Business) zon- ing district'on the east half of the property and RA-1 (Low Density Res- Idential Apartment) zon- Ing on the west half. A Ptanned Unit Develop- ment(PUD) placeholder amenaea plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate of Sur- vey 8369. The proper— ties are located in Sec:• tions 29 and 32i Town ship 28=N6rth; Range 21 West; P.M.M., Flathead County, Montana. Documents to the--agEoda on file for public ihspeo- tion at the Kalispell Planning.. Department,. 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are .encouraged to attend the haari4 and make their views and con- cerns known to the Board: Written com- ments may be submit- ted to the Kalispell Plan- ning Department at the above address, prior to the date of the hearing, or you may call us at (406) 758-7940, or e- mail us at planning@ka- Ilspell.com for additional information. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 13857 Is/ R.Jentz LEGAL ADVERTISWNT WAS PRINTED AND Thomas R. J PUBLISHED IN THE REGULAR AND ENTIRE ISSUE Planning & Building Director OF SAID PAPER, AND IN EACH AND EVERY COPY Dec. 28, 2008 THEREOF ON THE DATES Of Dec 28, 2008. 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. zoning district is also re- 4,v quested to be placed Subscribed and sworn to O over the entire 207-acre site. Before me this December 29 08 The 207-acre project site is Located on the west side of Highway 93 with Cemetery Road on the north end of the site and Ashley Meadows Road on the south end. The project site can be legally described as Tract 1 of Certificate of Survey 17744, the amended subdivision plat of !ots 3 and 5 of Ashley Business Park and amended plat of the Dorothy O Notarial c, Seal i ,of �t� Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/09