Loading...
Staff Report/Zone ChangeCONSTRUCTION • : ,r; •, t rng,011 VAL• r: ! • REPORTSTAFF 00 rtr A report to the Kalispell City -County Planning Board and the Board of County Commissioners regarding a zone change request from AG-80 and SAG-10 to R-2. A public hearing has been scheduled before the planning by -County Planning Board for May 9, 2000 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the county commissioners for final action. This proposal for an amendment to the West Side Zoning District Map from the existing AG-80, an Agricultural use district, with an 80 acre minimum lot size requirement, and SAG-10, a Suburban Agricultural use district with a ten acre minimum lot size, to R-2, a One Family Limited Residential with a 20,000 square foot minimum lot size requirement on approximately 112 acres. This proposal is a follow- up to the master plan amendment that was granted by the Kalispell City County and the Board of County Commissioners in November of 1999. The plan amendment essentially removed this property from the West Valley Planning Area to the Kalispell Planning Jurisdiction and from an Agricultural land use designation to a Suburban Residential land use designation. Technical Assistance: J 8s F Construction 690 N. Meridian Road, Suite 210 Kalispell, MT 59901 (406)752-2881 Vernon Johnson 985 Stillwater Road Kalispell, MT 59901 Mike Fraser Thomas, Dean Hoskins 690 N. Meridian Road Kalispell, MT 59901 (406)752-5246 John Parsons, AICP 725 Ninth Ave. West Kalispell, MT 59901 (406)755-3152 B. Location and Legal Description of Property: The property proposed for rezoning is located on the north side of West Reserve Drive west of the intersection of Highway 93 South and West Reserve Drive approximately one half mile. The property can be described as a portion of Assessor's Tracts 3+ and 5+ totaling approximately 112 acres located in Section 25, Township 29 North, Range 22 West, P.M.M,. Flathead County, Montana and as further described on Exhibit C. Existing zoning: Currently this property is zoned AG-80, an Agricultural use district which has an 80 acre minimum lot size requirement, and SAG-10, a Suburban Agricultural use district that has a ten acre minimum lot size requirement. The majority of the site is zoned AG-80 except for an approximately ten acre are that is zoned SAG-10. D. Nature of Request and Proposed Zoning: This is a follow-up to the master plan amendment from Agricultural to Suburban Residential that was approved in November of ..1999 for the purpose of creating approximately 130 residential lots on approximately 115 acres. The zone change request by J & F Construction on behalf of Vernon Johnson (owner of this property and the agricultural property to the west) for a zone change from SAG-10, a Suburban Agricultural district with a 10 acre minimum lot size requirement, and AG-80, an Agricultural district with an 80 acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement, on approximately 115 acres. The purpose of the zone change is to allow the creation of a 127 lot residential subdivision known as Stillwater View Estates. The preliminary plat for the subdivision has been submitted concurrently with the zone change request and will be considered together. E. Size: The area proposed for rezoning contains approximately 115 acres. F. Ddsting Land Use: This property has been and is currently being used for agricultural purposes. G. Adjacent Land Uses and Zoning: This area can be described as being located on the fringes of the planning jurisdiction and is characterized by having a suburban residential development, County Estates subdivision, to the east, and agricultural uses to the north, south and west. North: Agricultural uses, SAG-10 with West Valley Overlay South: (School Section) Agricultural uses, AG-80 East:: Single family homes and agricultural uses, R-2 and SAG-10 West: Agricultural uses, AG-80 with West Valley Overlay H. General Land Use Character: The general land use character of this area is primarily single family dwellings on residential lots in the County Estates Subdivision to the east, and agricultural uses to the south on the State School Section along with the City of Kalispell's ball field complex on approximately 120 acres the DNRC offices. Agricultural uses are also to the west and to the north of this site. The general land use character of this area can be described as a transition area between the more urban areas of Kalispell to the south and the rural / agricultural areas of the county to the north and to the west. 2 I. Utilities and Public Services: Sewer: Individual on -site sewage treatment systems Water: Community water system Refuse: Private hauler Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District # 5, and West Valley Fire: West Valley Volunteer Fire Department Police: Flathead County Sheriff's Office J. Relation to zoning requirements: All of the lots within the subdivision meet or exceed the minimum lot size requirement of 20,000 square feet and the minimum lot width of 100 feet. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, two inquiries from nearby property owners have been received by staff. 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. and Section 2.08.040 of the Flathead County Zoning Regulations. The Kalispell City -County Master Plan map designates this area as Suburban Residential. The proposed R-2 zoning would be in compliance with this land use designation since it is anticipated that the areas designated as Suburban Residential would have two or less units per acre and in areas that generally to not have access either public water or public sewer. West Reserve Drive is a two lane roadway designated as a minor arterial on the Kalispell Transportation Plan. There is a traffic signal at the intersection of West Reserve Drive and Highway 93. The Kalispell Bypass is designed to cross through the State lands to the south and end slightly south of West Reserve Drive and Highway 93. Traffic generated by development of this property would travel east on West Reserve Drive to the Highway 93 intersection and go north or south or continue eastbound to Evergreen on Reserve Drive. West Reserve Drive is designated as a minor arterial and although it is currently not to an arterial standard, it anticipated to accommodate large volumes of traffic. 3 Increased traffic volumes to West Reserve Drive may increase the need for its upgrade as development in this area continues. The property has access to West Reserve Drive, a minor arterial, and is within close proximity to the amenities of the city of Kalispell such as shopping, medical services and schools. The subdivision will have a community water system that will supply fire hydrants within the subdivision as well as a secondary access in the event of an emergency. This zone -change will not affect the overall general health and welfare of the public by allowing a reasonable density within close proximity to services. Adequate light and air can be provided through setback requirements, height limitations and lot coverage limits. There would be additional development in the area because of the size of the parcel proposed for rezoning as well as the subdivision filed concurrently. The close proximity to services and other subdivisions of similar nature concentrate the development in one area. •- -• .- -• ••- •- ..-• is.- . •. .• • ,. .• .. M.106010JUM's. .•• • •- • ,• -• -u-• Public services and infrastructures are in close proximity to this property and access to the site is generally good. An upgrade to the existing infrastructure will be needed in order to accommodate development but is available to provide adequate service. 8. D•- •- -• -• ••- a -consider,-.! •• to the partiriil,2x siiitqlmility-ofv& i2mperly for particular This zone change does generally give adequate consideration to the suitability of this property for an additional development because of its close proximity to County Estates and Country View subdivisions to the east. Public services and facilities are generally available or within close proximity of this property. S This zone change is in an area already developed with an R-2 zoned subdivision, immediately to the east in Country Estates and County View subdivisions. The proposed zone would extend the R-2 zoning approximately one quarter mile to the west and accommodate a subdivision in a manner consistent with the development to the east. Property values in the area will be maintained when this property is developed because other buildings in the area are single family dwellings and agricultural buildings. -. throughout the jurisdiction The master plan designates this area as suburban residential. The proposed zoning complies with that master plan designation and provides an area for residential development within the planning jurisdiction that is close to public facilities and services. Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff report #FZC-00-2 as findings of fact and, based on these findings, recommend to the Board of County Commissioners the requested zone change from AG-80 and SAG I- to R-2 be approved. H: \...FZC00-3.DOC 5 INTRODUCTION: This application is a follow-up request to allow J&F Construction to continue their project to develop 115 gross acres of proposed R-2 zoned property with 127 lots and 4 park areas. This property is located on the north side of West Reserve Drive t/2 mile west of Highway 93, immediately west of Country View Estates. Country View Estates is a subdivision that is zoned R-2 and is similar in design, density, and development to this proposed development. This project was begun approximately 7 months ago when a master plan amendment was applied for and approved to remove this property from the West Valley Plan. This allowed the property to fall under the Kalispell City/County Master Plan. The Kalispell Plan currently indicates this property to be used for suburban residential purposes. The classification allows a density of two dwelling units per gross acre. The two dwelling units per acre allow a zoning of R-2. A zone change was submitted with the master plan amendment but was held pending the outcome of the Plan amendment; it is now being processed along with this subdivision. The R-2 zone requires a minimum 20,000 square foot of lot area net. This subdivision's smallest lot is over 27,000 square feet and the largest is over 56,000 square feet. The subdivision's average lot size is approximately 0.77 acre (33,500 sq ft) which equates to a master plan density of approximately 1.1 units per gross acre. This R-2 subdivision is well within the allowable density permitted under the Kalispell Plan. The subdivision is proposed to be developed in three phases. The initial phase will construct 34 lots on approximately 25.7 acres, 2 park areas of 4.1 acres, and a cul-de-sac called Oat Court and the entry road - Barley Lane. Phase 2 will construct 45 lots on 32.4 acres with a 0.79-acre park and the internal roads, as well as the gated emergency access to Stillwater Road. Phase 3 will contain 48 lots on 34.5 acres, a 0.89-acre park, the remaining roads, and a gate at the northern end of Barley Lane. There will be approximately 16 acres of roadway easements_ The roads will be constructed to the County's rural street section with grassy drainage swales on both sides of the road to facilitate the absorption of storm water runoff. County street standards require a minimum of 20 foot of pavement; the streets within the subdivision will be constructed with 22 foot of pavement and 2 foot shoulders providing an added measure of safety. In addition, a 4 foot paved path will be constructed on one side of the right-of-ways for pedestrians. West Barley Lane continues to the north to allow access to the LHC property immediately to the north. Also, an emergency access to the west, across the Johnson's farm, will connect to Stillwater Road this emergency access will be developed to County standards for emergency access, be gated, and not open to the public. Wheat Lane is extended to the west to connect to the emergency access road, this portion of Wheat Lane will be constructed to emergency access standards in a 60-foot right-of-way. EA Stillwater Estates Page 2 of 8 Kalispell,Flathead Regional Development Office a, . Phone: (406)758-5980 Fax: (406)758-5781 • . FLATHEAD COUNTY ' • ■ 10 2000 1. NAME OF APPLICANT: J & F Construction " ` ems; y `U F. R. D. o. 2. MAIL ADDRESS: 690 N. Meridian Road, Ste 210 3. CITY/STATE/ZIP: Kalispell MT 59901 4. PHONE: (406)-752 2881 - 5. INTEREST IN PROPERTY: Purchasing the property 6. ZONING MAP AMENDMENT: X ZONING TEXT AMENDMENT: s> • lilllliill r, • # # s • r •+ t 0 What is the proposed zoning text amendment? NA ' •) 01; • • A. Address of the property: Not yet assigned B. Legal Description: Pt.. of Tr. 5 in a Pt. of the E 1 / 2 of the SW 1 / 4 and Pt. of tr.3 in the SE 1 /4 of the NW 1 /4 of Section 25, T29N, R22W. Please see attached for metes and bounds 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: AG - 80 and SAG - 10 D. The proposed zoning of the above property is: R - 2 E. State the changed or changing conditions that make the proposed amendment necessary: PLEASE SEE ATTACHED FINDINGS AND ENVIRONMENTAL ASSESSMENT FOR THE SUBDIVISION �L 1 H ^-n..7 WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT D PURPOSE O. A. Promoting the Master Plan; PLEASE SEE ATTACHED FINDINGS B. Lessening congestion in the streets and providing safe access; PLEASE SEE ATTACHED FINDINGS C. Promoting safety from fire, panic and other dangers; PLEASE SEE ATTACHED FINDINGS D. Promoting ' the public interest, health, comfort, convenience, safety and general welfare; PLEASE SEE ATTACHED FINDINGS E. Preventing the overcrowding of land; PLEASE SEE ATTACHED FINDINGS F. Avoiding undue concentration of population; PLEASE SEE ATTACHED FINDINGS G. Facilitating the adequate provision of transportation, crater, sewage, schools, parks and other public facilities; PLEASE SEE ATTACHED FINDINGS H. Giving reasonable consideration to the character of the district; PLEASE SEE ATTACHED FINDINGS I. Giving consideration to the peculiar suitability of the property for particular uses; PLEASE SEE ATTACHED FINDINGS J. Protecting and conserving the value of buildings; PLEASE SEE ATTACHED FINDINGS K. Encouraging the most appropriate use of land by assuring orderly growth; PLEASE SEE ATTACHED FINDINGS K The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during approval process. John Parsons, on behalf of J&F Construction (Applicant) (Date) Please send additional notifications and correspondence to the following people: John Parsons, AICP 725 9th Avenue West Kalispell, MT 59901 Phone #'s (406) 755-3152 Mike Fraser Thomas Dean & Hoskins 690 N. Meridian Road, Ste 101 Kalispell, MT 59901 (406) 752-5246 Please send additional notification of public hearing only to: Vernon Johnson 985 Stillwater Road Kalispell, MT 5990 3 s A. 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. B. Completed application form. C. Application fee per schedule, made payable to the Flathead Regional Development Office. Fee Schedule Zone Chanize: Base fee $400.00 For first 80 acres of area of the request add $5 /acre Plus for next 81 - 160 acres add $3/acre Plus for next 161 acres or more add $1/acre Amendment to Zoning Text PUD Zoning Review: Residential Commercial Mixed Use $300.00 $400.00 + $5 / acre $500.00 + $5/acre $650.00 + $5/acre D. The application must be accepted as complete by the FRDO staff thi (30� ctayI _prior to the date of the meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. s • ; r A. Application Contents: Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 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 nroert by 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 5/25/99 Revised 6/30/99 sm 11 ► ! 0MO MEMO,nx-fulti III, I a 40 r; I l i • 1. WHETHER THE NEW ZONING WAS DESIGNED IN ACCORDANCE WITH THE MASTER PLAN? The proposed site is located on the north side of West Reserve Drive approximately 2/3 mile west of Highway 93. The topography of the site is gently rolling with a general increase in elevation to the north. The southern 1 /3 of the property has been cultivated with potatoes and the northern portion is wheat. Historically, barley -and hay have also been grown onsite. The specifics of the request for this property are discussed later in this section. This site, shown on the attached map, contains approximately 112 acres and is classified as Suburban Residential under the Kalispell City County Master Plan. Suburban Residential section: The Master Plan indicates that a residential density of two or fewer dwelling units per gross acre is permitted. The proposed development's density is at approximately 1.1 units to the acre. The Plan goes on to indicate that those areas that do not have access to community sewer or water would be appropriate for R-2 This request to amend the zoning is to allow %2+ acre residential development without the requirement of clustering. It is being made so that farmers in general, specifically the Johnsons, may be permitted to develop there private land holdings in a manner that the individual farmer feels is in the best interest of the family farm. Currently, a maximum of one unit for every 80 acres is permitted. West Reserve Drive provides excellent access both east and west. To the east is Highway 93, which has been upgraded to 5 lanes with a traffic signal. In addition, the Highway 93 bypass for Kalispell is proposed to be located approximately 1 /3 mile south of this property, north of the BPA transmission line in the State section. To the south is the 340-acre State school section. This property has amended the West Valley Plan to allow its own Plan, which includes residential, commercial, and sports fields. Immediately across West Reserve Drive within the States Plan, is classified as Mixed Professional, this includes light commercial uses. This designation allows such uses as JPR-2ZNGFD2J&FCNST4l00 Page I of 4 beverage shops, car washes, churches, meeting halls, convenience stores, offices, and theme parks. Also, in this Section of land (not included in the States Plan) is Grosswiler's dairy, which had filed for bankruptcy under Chapter 11. The southeast 1/4 of the section has been annexed into the City of Kalispell and is being utilized for sports complex fields. The request is in conformance with the Master Plan 2. WHETHER THE NEW ZONING WAS DESIGNED TO LESSON CONGESTION IN THE STREETS? West Reserve Drive is not a congested road it is a two lane minor arterial with a traffic signal at its intersection with Highway 93. In addition, the western loop of the Highway 93 bypass is included with the State's Neighborhood Plan on Section 36 to the south. This bypass is designed to alleviate additional traffic on Highway 93 making it easier to travel/commute. Most traffic generated by development of this property would travel east to Highway 93 and go north or south or continue eastbound to Evergreen on Reserve Drive (a State Secondary Highway east of Highway 93). 3. WHETHER THE NEW ZONING GIVES REASONABLE CONSIDERATION TO THE CHARACTER OF THE DISTRICT? This zone change is in an area already developed with an R-2 zoned subdivision, immediately to the east (Country Estates). The proposed zone would extend the existing zone approximately '/4 mile west and afford development of a subdivision in a manor that is commensurate with the existing R-2 zone and development in the area. The R-2 zone requires that no lot be less that '/2 acre, development of the subdivision is anticipated to be developed with an average lot size of 3/4 acre. 4. WHETHER THE NEW ZONING WILL SECURE SAFETY FROM FIRE, PANIC, AND OTHER DANGERS? The site has excellent access to roads, is approximately 3 miles from the major medical center for NW Montana, and will reduce wildland fire potential from drying agricultural fields against Country Estates. S. WHETHER THE NEW ZONING WILL PROMOTE HEALTH AND GENERAL WELFARE? The new zone would provide for the expansion of an existing subdivision design. In addition, an increase in the number of water supply wells for JPP,-2ZNGFD2J&FCNST4l00 Pape 2 of 4 fire protection would be incorporated into the design of the subdivision. It would also provide for housing opportunities close to town where medical, education, shopping, and recreation facilities exist. 6. WHETHER THE NEW ZONING WILL PREVENT THE OVERCROWDING OF LAND AND AVOID THE UNDUE CONCENTRATIONS OF PEOPLE? Over crowding of land the undue concentrations of people happen when the ability of the land to support development is exceeded. The sanitation and zoning regulations are designed to prevent the overcrowding of land and avoid undue concentrations of people by the use of setbacks and non -degradation regulations. 7. WHETHER • 1 PROVIDE E AND AIR? Any subdivision development of the property will be required to provide at least 1/2 acre lot sizes and comply with the other R-2 zone development standards, which includes setbacks, lot coverage, and height limitations that are designed to provide for adequate light and air. 8. WHETHER THE NEW ZONING WILL FACILITATE THE ADEQUATE PROVISION OF TRANSPORTATION, WATER, SEWERAGE, SCHOOLS, PARKS, AND OTHER PUBLIC REQUIREMENTS? With the location of the site close to a major highway and on a secondary arterial, transportation will be satisfied. Water will be provided by community wells with sewage provided by onsite systems. Those services are approximately 1 mile to the south. The site is within the West Valley School District, as with all school districts they are at or over enrolled. A bond was passed to expand the school facilities which would reduce this projects impact on the District. The site is located approximately 3/4 mile ' from the new Kalispell recreation fields, in addition, parkland, improvements, or in -lieu fee must be committed to when subdividing land. West Valley Volunteer Fire and County Sheriff Department supply other public services. 9. WHETHER THE NEW ZONING PARTICULAR SUITABILITY OF USES? GIVES CONSIDERATION TO THE THE PROPERTY FOR PARTICULAR The site is ideally suited for residential uses due to its gently rolling terrain and gravelly sub -surface soil type. JPR-2ZNGFD2J&FCNST4/00 Page 3 of 4 10. WHETHER THE NEW ZONING WAS ADOPTED WITH A VIEW OF CONSERVING THE VALUE OF PROPERTY? The change would conserve the value of the property, probably increasing it, by removing a source of dust and noise while cultivation and harvest occurs. Pesticides, herbicides, and low flying aircraft applying the aforementioned can negatively affect property immediately adjacent to agriculture. Converting this site too residential uses should reduce any negative impact agriculture would have on adjacent property. 11. WHETHER THE NEW ZONING WILL ENCOURAGE THE MOST APPROPRIATE USE OF LAND THROUGHOUT THE JURISDICTION? Development of this site as residential provides the most appropriate use of land throughout the jurisdiction by providing housing opportunities close to a service area, Kalispell. Development of properties further away from transportation corridors increases cost of services. This site is close to an existing and proposed major transportation corridor, Highway 93. JPR-22NGFD2J&FCNST4/00 Page 4 of 4 CERTIFICATION APPLICANT: STILLWATER VIEW EST. AND J & F CONSTRUCTION FRDO FILE #: FPP-00-6 AND FZC-99-17 (AG-80 & SAG-10 TO R-2) I, the undersigned certify that I did this date mail via certified or registered mail a copy of the attached notice to the following list of landowners adioining the property lines of the property that is to be subdivided. Date: Assessor's S-T-R Lot/Tract No. No. SEE ATTACHED LIST APPLICANT J & F CONSTRUCTION 690 N MERIDIAN RD STE 210 KALISPELL MT 59901 TECHNICAL PARTICIPANTS MIKE FRASER T D & H 690 N MERIDIAN RD STE 101 KALISPELL MT 59901 JOHN PARSONS AICP 725 9TH AVENUE WEST KALISPELL MT 59901 ADJACENT OWNERSHIP FLATHEAD COUNTY PLAT DOOM TRACT ASSESSOR NO. OWNER 800 S. Main Kalispell, MT 59901 Section 25, T29N, R22W APPROVED3 a©oo 2 01-0978907 LHC, Inc. P.O. Box 7338 Kalispell, MT 59904-0338 2C 01-0975090 LHC,Inc. P.O. Box 7338 Kalispell, MT 59904-0338 01-0417700= Vernon R. & Thelma M. Johnson 985 Stillwater Road Kalispell, MT 59901-6901 3B 01-0417650 LHC, Inc. P.O. Box 7338 Kalispell, MT 59904-0338 3C 0978907 LHC, Inc. P.O. Box 7338 Kalispell, MT 59904-0338 5 01-0417700 Vernon R. & Thelma M. Johnson 985 Stillwater Road Kalispell, MT 59901-6901 Section 25, T29N, R22W Country Estates Unit 1 LOT ASSESOR NO. OWNER 47 05-0968111 Kenneth E. & Mary Theresa White P.O. Box 463 Kalispell, MT 59903-0463 48 05-0968112 Richard W. & Jill A. Weigand 12616 Kempston Lane Woodridge, VA 22192-0000 Amended Plat of Lots 49 through 53, Country Estates Unit 2 49A 05-0972790 Jay I. & Gladys N. Shoop 50A 51A M 53A Country Estates Unit 3 108 Section 25, T29N, R22 COUNTRY VIEW ESTATES LOT 1 234 Arbour Drive Kalispell, MT 59901-2163 05-0972791 Anthony F. & Tricia A. King 238 Arbour Drive Kalispell, MT 59901-2163 05-0972792 Carole A. Alcock & Bessie V. Geoffroy 12 Meadow Lark Lane Dillon, MT 59725 05-0974021 William H. & Marilyn R. Shewell P. 0. Box 1395 Kalispell, MT 59903-1395 05-0972793 Joann M. & A. Blake Smith 250 Arbour Drive West Kalispell, MT 59901-2178 05-0972795 Becky A. & Tom R. Wiggin 1283 Sugarview Dr. Apt. 17 Sheridan, WY 82801-5328 ASSESOR NO. 05-0979536 05-0979537 3 05-0979538 Douglas B. & Leslie B. Anthony 262 Arbour Drive West Kalispell, MT 59901-2178 Rudy Koestner 134 Garden Drive Kalispell, MT 59901 Douglas Nash P. 0. Box 1731 Kalispell, MT 59903-1731 4 05-0979539 Jerry L. & Christine A. Timboe 274 Arbour Drive West Kalispell, MT 59901-2178 5 05-0979540 David L. & Marue I. Ritchie 25152 Modoc Drive Laguna Hills, CA 92653-5117 6 05-0979541 Timothy F. & Mary S. Obermiller, MD 282 Arbour Drive West Kalispell, MT 59901-2178 7 05-0979542 Gary M. & Wendy Madison 286 Arbour Drive West Kalispell, MT 59901 8 05-0979543 Chris N. & Marcie K. West P. 0. Box 7065 Kalispell, MT 59904-0065 9 05-0979544 Allan & Cindy Conroy 266 Arbour Drive West Kalispell, MT 59901 10 05-0979545 Phillip & Janice Thurmond 249 Arbour Drive East Kalispell, MT 59901 Section 25, T29N, R22 VALLEY VIEW ESTATES LOT ASSESOR NO. OWNER 1 01-0975923 Valley View Congretation of Jehoviahs Witness 760 Fifth Avenue WN Kalispell, MT 59901 2 01-0001682 John M. & Doris M. Wood 104 Valley View Court Kalispell, MT 59901-6856 3 01-0001683 Valley View Congretation of Jehoviahs Witness 760 Fifth Avenue WN Kalispell, MT 59901 4 01-0001684 James R. & Kerry J. Finley 445 Addison Square Kalispell, MT 59901 FTJ u rol.. None None State of Montana NOTICEOF . , i 1 : • • owns Zone Change from R-5 to I-1 Resubdivisi.on of Lot 5, Block 2, Scenic Tracts and Zone Change from R-1 to R-2 Stillwater View Estates Preliminary Plat and Zone Change from AG-80 and SAG-10 to R-2 The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, May 9, 2000, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Board of County Commissioners who will take final action: A public meeting will also be held before the West Valley Land Use Advisory Committee on April 25, 2000 beginning at 7:00 PM in the West Valley Fire Hall to consider Items #4 and 5 listed below, the zone change and preliminary plat for Stillwater View Estates. The committee will make a recommendation to the Kalispell City County Planning Board. 1. A request by Wesley and Donna Kouns for a zone change from R-5, Two Family Residential, to I-1, Light Industrial, on approximately 1.26 acres on an approximately 3.76 acre tract. The property proposed for rezoning is the approximate east one third of a tract of land located on the east side of Highway 93 South and south of Twin Acres road approximately 300 feet. The property currently has two buildings located on it and the purpose of the zone change is to allow construction of another building on the eastern portion of the lot. The property address is 2701 Highway 93 South which can be described as a 1.26 acre portion of Assessor's Tract SCDH located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and as further described on Exhibit A. 2. A request by Bob Crismore, Eagle Private Trust, for a zone change from R-1, a Suburban Residential district with a one acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement, on approximately 4.79 acres. The purpose of the zone change is to allow the creation of an eight lot residential subdivision and as listed below. The property proposed for rezoning is located north of West Reserve Drive on the west side of Scenic Drive in Evergreen. The property can be described as Lot 5, Block 2, Scenic Tracts located in Section 28, Township 29 North, Range 21 West, P.M.M,. Flathead County, Montana and as further described on Exhibit B. 3. A request by Bob Crismore, Eagle Private Trust, for preliminary plat approval of an eight lot residential subdivision known as the Resubdivision of Lot 5, Block 2, Scenic Tracts. The subdivision contains approximately 4.79 acres total with the lots ranging in size from 0.46 acres to 0.78 acres in size and a proposed private roadway which contains approximately 0.64 acres that will be owned and maintained by the property owners. Water and sewer services for the subdivision will be provided by the Evergreen Water and Sewer District. The property proposed for subdivision is located north of West Reserve Drive approximately 1,000 feet on the west side of Scenic Drive in Evergreen. The property can be described as Lot 5, Block 2, Scenic Tracts located in Section 28, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by J 8s F Construction on behalf of Vernon Johnson for a zone change from SAG- 10, a Suburban Agricultural district with a 10 acre minimum lot size requirement, and AG- 80, an Agricultural district with an 80 acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement, on approximately 112 acres. The purpose of the zone change is to allow the creation of a 127 lot residential subdivision known as Stillwater View Estates and as listed below. The property proposed for rezoning is located on the north side of West Reserve Drive west of the intersection of Highway 93 South and West Reserve Drive approximately one half mile. The property can be described as a portion of Assessor's Tracts 3+ and 5+ located in Section 25, Township 29 North, Range 22 West, P.M.M,. Flathead County, Montana and as further described on Exhibit B. 5. A request by J & F Construction for preliminary plat approval of a 127 lot residential subdivision known as Stillwater View Estates. The subdivision contains approximately 127 acres total with the lots ranging in size from 0.624 acres to 1.305 acres, a common area of 4.1 acres and a proposed private roadway which contains approximately 14.1 acres that will owned and maintained by the property owners.. A zone change from SAG-10, a Suburban Agricultural district with a 10 acre minimum lot size requirement, and AG-80, an Agricultural district with an 80 acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement has been filed concurrently with the preliminary plat. The subdivision will be developed in three phases. A private community water system and individual septic systems are proposed to serve the subdivision. The property proposed for subdivision is located on the north side of West Reserve Drive west of the intersection of Highway 93 South and West Reserve Drive. The property can be described as portions of Assessor's Tracts 3+ and 5+ located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review 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 submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. d1W 7 t Thomas R. Jentz PlanninLy Director Exhibit C ✓. :c ,. Legal Description PARCELI: The Southeast Quarter of the Northwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. EXCEPTING THEREFROM the following described parcel: A tract of land, situated, lying and being in the East half of the Northwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana and more particularly described as follows to wit: BEGINNING at the Northeast corner of the Northwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana which is a found brass cap; thence South 00°08'14" West and along the East Boundary of said Northwest 1/4 a distance of 1694.14 feet to a set iron pin; thence North 22°00'20" West 399.69 feet to a set iron pin on the South boundary of the said NEl/4NWl/4; thence South 89°59'23" West and along said South boundary a distance of 1175.08 feet to a found iron pin; thence North 00115'11" West 1323.28 feet to a found iron pin on the North boundary of said Northeast 1/4; thence North 89°58'41" East and along said North boundary a distance of 1334.75 feet to the Point of Beginning. Tract 1, Certificate of Survey No. 8253. The legal description as shown, will not be accepted the office of the County Clerk and Recorder on any conveyance pursuant to Montana Code Annotated, 1976, 76-3-302, which states, "The County Clerk and Recorder of any county shall not record any instrument which purports to transfer title to or possession of a parcel or tract of land which is required to be surveyed by this chapter unless the required Certificate of Survey or subdivision plat has been filed with the Clerk and Recorder and the instrument of transfer describes the parcel or tract by reference to the filed Certificate or Plat". PARCEL 2: The Northeast Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. EXCEPTING THEREFROM all of Valley View Estates. The legal description as shown, will not be accepted the office of the County Clerk and Recorder on any conveyance pursuant to Montana Code Annotated, 1976, 76-3-302, which states, "The County Clerk and Recorder of any county shall not record any instrument which purports to transfer title to or possession of a parcel or tract of land which is required to be surveyed by this chapter unless the required Certificate of Survey or subdivision plat has been filed with the Clerk and Recorder and the instrument of transfer describes the parcel or tract by reference to the filed Certificate or Plat". VICENITYMAP J & F CONSTRUCTION REQUEST FOR A ZONE CHANGE FROM AG-80, AGRICC LTLRAL-80 ACRE MIN. LOT SIZE, SAG— 0, SUBURBAN G I ULTU —1 0 ACRE MIN LOT SIZE, TO R— , ONE FAMILY LIMITED RESIDENTIAL WEST SIDE/ WEST VALLEY OVERLAY ZONING DISTRICTS FILE W F'Z —99— 7 SCALE 1" = 1000' H -l'?.dn