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05. Resolution 4593 - Frank DiVita Annexation RequestFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Annexation and Initial Zoning of B- I for Frank DiVita MEETING DATE: November 6, 2000 BACKGROUND: The applicant is requesting annexation into the city of Kalispell and initial zoning of B- 1, Neighborhood Buffer District, upon annexation. The property is located on the northeast comer of Woodland Park Drive and Shady Glen Drive where the property owner intends to build an artist's studio and will need to connect to City services. The staff recommended to the planning board that the board forward a recommendation to the city council for B- I zoning upon annexation based upon surrounding zoning and currently County B- I zoning for the property. The annexation and assignment of appropriate zoning went before the Kalispell City - County Planning Board for public hearing at their October 10, 2000 regular meeting. No one spoke. The planning board is forwarding a recommendation of B-1, Neighborhood Buffer District, zoning for the property upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance assigning a B- 1, Neighborhood Buffer District, zoning designation to this property upon annexation would be appropriate. FISCAL EFFECTS: Minor positive effects once fully developed. ALTERNATIVES: As suggested by the city council. -414441:4- C- Narda A. *ilson Chris A. Kukulski Senior Planner City Manager Report compiled: October 19, 2000 Attachments: Transmittal letter from KPB 10/ 18/00 Petition to annex and Exhibit A FRDO report KA-00-9 Draft planning board minutes 10/ 10/00 c w/ Att: Theresa White, Kalispell City Clerk H: \FRDO \TRANSMrr\KALISPEL\2000\KA009ME.DOC Providing Community Planning Assistance To: Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • i • � A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF T CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAI REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN -EXHIBIT A-, TO KNOWN• t BLOCK 1, PHILLIPS• i • • 1 TO ZONE SAIII PROPERTY .•`. ACCORDANCE .• DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Frank DiVita, the owner of property located on the northeast corner of Woodland Park Drive and Shady Glen Drive and described in Exhibit A, attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Frank DiVita's Annexation Request, #KA-00-9, dated October 2, 2000, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described in Exhibit A, be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Lot 8, Block 1, Phillips Addition No. 302. SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its divita.wpd -1- citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THE CITY OF KALISPELL, THIS • DAY OF NOVEMBER, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk divita.wpd - 2 - EXHIBIT A FRANK DIVITA ANNEXATION AND INITUL ZONING LEGAL DESCRIPTION Lot 8 of Block 1 of the PHILLIPS ADDMON TO KALISPELL, according to the map or plat thereof on Me _ • of record in the office of the Clerk• Recorder of Flathead County,• Flathead Regional Development Offic,_-.; M If Avenue East - Rom 414 KafispA Montana 5MI Phone: (406) 758-5980 Fax: (406) 759-5781 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell., MT 59903 The Kalispell City -County Planning Board met on October 10, 2000, and held a public hearing to consider a request for B- 1, Neighborhood Buffer District, upon annexation on property located on the northeast comer of Woodland Park Drive and Shady Glen Drive. Narda Wilson presented staff report KA-00-9 and recommended that the board for -ward a recommendation for B- 1 zoning upon annexation based upon surrounding zoning. No one spoke at the public hearing regarding this matter. The board discussed the annexation, and a motion passed unanimously to adopt staff report KA-00-9 and recommend to the Kalispell City Council that the property be zoned B-1 upon annexation. Exhibit A describes the annexation boundaries. Please schedule this matter for the November 6, 2000 regular city council meeting. You may contact this board or Na-rda Wilson if you have any questions regarding this matter. i's � =041 JJ/NW/dw Attachments: Petition to annex and Exhibit A FRDO report KA-00-9 Draft planning board minutes 10/ 10/01 c w/ Att: Theresa White, Kalispell City Clerk Providing Community Pkaning Assistance To: • Flathead County - City of Columbia Falls - City of Kalispell - City of Whitefish • in subsection 4. She concluded by saying that in looking at the Master Plan they tried to be as good as they could be to George Schultz and anything with a more commercial nature would not be in compliance with the High Density Residential designation. Wilson noted that there wasn't any other RA-3 in the area. The Board further discussed the lack of notification to the property owner, Mr. Schultz. Wilson and Sorenson gave comment regarding Schultz's awareness of the pending annexation and said they followed the law regarding notification. Heinecke stated that he supported notification of the owner, and he also agreed with Wilson, that the RA-3 was appropriate zoning. He was willing to make a recommendation and said he would be supportive of - motion. Mann moved and Hines seconded to table the motion until Mr. Schultz was notified of the meeting set for November 14, 2000. ROLL CALL On a roll call vote Hines, Mann, Johnson, Pierce, and Garberg voted aye. Heinecke and Stevens voted no. The motion to table passed with 5 in favor and 2 opposed. DIVITA ANNEXATION A request by Frank DiVita for annexation and initial zoning D INITIAL I G designation of B-1 on an approximately 9,000 square foot parcel on the northeast comer of Woodland park Drive and Shady Glen Drive. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office gave a presentation on staff report KA-00-9. The property owner was requesting City B-1 zoning, a Neighborhood Buffer District, which allowed a limited number of commercial uses including professional offices, limited retail, and other businesses intended to service the neighboring residential area. Under the City B-1 zoning district, a slightly broader number of uses would be allowed which would not be allowed under the County B-1 zoning. The purpose of the annexation was so the property owner could connect to City water and sewer services for an artist studio intended for the property. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. OPPONENTS No one wished to speak. PROPONENTS No one wished to speak and the public hearing was closed. OTION Mann moved and Sipe seconded to adopt staff report KA-00-9 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for the property Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 6 of 9 ROLL CALL On a roll call vote the motion passed unanimously. BUFFALO STAGE PHASE A request by Buffalo Chip Partners for annexation of Buffalo V ANNEXATION AND Stage Phase V and an initial zoning designation of RA-1 on INITIAL ZONING property comprising approximately 12 acres, located on the west side of Whitefish Stage Road south of Granrud Lane. STAFF REPORT Narda Wilson, representing the Flathead Regional Development Office, gave a presentation on staff report KA-00-10 and recommended that the property be zoned RA-1, Low Density Residential Apartment, upon annexation into the City of Kalispell. Wilson stated the proposed RA-1 zoning complied with other zoning in the area and with the master plan and wouldn't change the single family development pattern of the subdivision. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS No one wished to speak. *PPONENTS No one wished to spealll��111 I i 1 111 11 1111 1 MOTION Garberg moved and Mann seconded to adopt staff report #KA- 00- 10 as findings of fact and forward a recommendation to the Kalispell City Council with initial zoning of Buffalo Stage Phase V be RA-1, Low Density Residential Apartment, upon annexation. BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. CARVER ANNEXATION A request by Dennis Carver for annexation and an initial AND INITIAL ZONING zoning designation of 1-1 on approximately one acre on the north side of Kelly Road and cast of Highway 93 South. STAFF REPORT Narda Wilson, representing the Flathead Regional Development Office, gave a presentation on staff report KA-00-8 and recommended that the property be zoned City I-1, Light Industrial, upon annexation into the City of Kalispell. Wilson stated it was consistent with the area. The applicant intends to build a shop and office and needs City utilities. Heinecke asked and Wilson answered that when you do an annexation by petition it didn't need to be contiguous to the city. Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 7 of 9 FRANK DIVITA NkEQUEST FOR ANNEXATION AND INITIAL ZONING OF REPORTFLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF rr OCTOBERrrr A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for annexation and initial zoning of B-1. A public hearing has been scheduled before the Kalispell City -County Planning Board for October 10, 2000 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioner would like to develop this property as an artist studio and is requesting annexation in order to receive the necessary sewer services. A. Petitioner and Owners: Frank DiVita P.O. Box 1437 Kalispell, MT 59903 (406) 257-3521 B. Location and Lezal Description of Property: The property proposed annexation Shady Glen feet of Lot is located on the northeast comer of Woodland Park Drive Drive. The property can be described as Lot 9, and the soutl for and 1 25 8, Block 1, Phillips Addition, located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: This property is currently located in the County zoning jurisdiction and is zoned B-1, a Neighborhood / Professional Business zoning district which allows a limited number of uses including professional offices and retail of less than 3,000 square feet. This zoning district is intended to provide services to adjacent residential properties within one mile and is not intended to have uses which require outdoor display or storage of merchandise. D. Proposed Zoning: The property owner is requesting City B-1 zoning, a Neighborhood Buffer District which allows a limited number of commercial uses which include professional offices, limited retail, and other business intended to service the neighboring residential area. Under the City B-1 zoning district, a slightly broader number of uses would be allowed which would not be allowed under the County B-1 zoning. The purpose of the annexation is so that the property owner can connect to City water and sewer services for an artist studio intended for the property. E. Size: The area proposed for annexation and zoning contains approximately 9,000 square feet. F. Existing Land Use: Currently this property is occupied by a small shed that will be removed from the site to provide an area for the artist studio intended for the property. G. Adjacent Land Uses Zoning:and The character of the immediate area is generally residential to the east and recreational to the north and west. North: Conrad Complex ballfields, County R-2 zoning South: Mini -storage and offices, County B-1 zoning East:: Single family homes, County R-5 West: Woodland Park, City P-1 zoning H. General d Use Character: The general land use character of the area is a mix of limited residential to the east with some commercial on the east side of Woodland Park Drive and Woodland Park to the west. I. Availability of Public ices: Once annexed to the city, the full City services will be made available to the property owner for the development of the site. No main extensions will be required, but rather service lines will be extended from existing utilities. The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. This Kalispell City County piaster Plan Map recognizes several areas for Neighborhood Commercial and mentions the area south and east of Woodland Park. The master plan map actually designates this area as High Density Residential and indicates the area to the south of this as Commercial. However, this small strip of land across from Woodland Park is currently zoned County B- 1, Neighborhood Professional Business. The proposed B-1 zoning does not comply with the master plan designation of High Density Residential, but is consistent with the other zoning in the area and current county zoning. Rezoning this property may result in very low levels of additional traffic generated from the property once the property has been developed as an artist studio. Currently the property is undeveloped. A small increase in traffic primarily on Woodland Park Drive can be anticipated. Woodland Park Drive is a County road that has recently received an overlay and is designated as a collector street on the master plan map. There may be some limited safety problems related to the development of this site because of the well traveled roadway on which it relies. However, there is no obvious increase in risk related to this zone which would impede fire or police access to the site. Access for fire and other emergency services is generally good. Because this annexation will enable the property owners to connect to public sewer and develop the property with full public services, the public health and welfare of the community will be served. The commercial uses planned for this property will be required to comply with the development standards of the B-1 zoning district, which assures that there is adequate light and air. The requested zoning designation is consistent with the type of development, which would be anticipated under the current County zoning. The requested zone will prevent the overcrowding of land. No significant increase in the population in the area will result under the proposed zoning. The development standards in the district are intended to avoid the undue concentration of people in the area. Public service, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. 9. Does the reQuested zone giye consideration to the y,;�,,ticuLar—suitabiliv of the The proposed zoning is consistent with the current B-1 zoning of the property and the properties to the south. These properties have been developed with mini -storage, offices, a restaurant and bar and a convenience store. The proposed zoning gives adequate consideration to the suitability of the property for the uses allowed under the City B-1 zoning. 3 MI M110401(40PUM;F-3 0T14WJM14MtWW1WTJ#) , J �ikXKJNV(" The general character of the area is primarily limited commercial across and next to public parks. There is small lot residential in the immediate area to the east. The requested zone gives reasonable consideration to the character of the area and is consistent with other development in the area. WMMOMAW. MT014.1mr. Value of the buildings in the area will be conserved because the uses allowed under the B- 1 would be generally complementary to other uses in the area. W'M- ITOMMMOTOW 'Ion r The most appropriate use of land throughout the jurisdiction appears to be the neighborhood commercial zoning designation being requested. This is consistent with the uses and other zoning in the area and promotes the stability and neighborhood character of the immediate area. It is recommended that the Kalispell City -County Planning Board adopt Staff Report #KA-00-9 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning for this property should be B-1, Neighborhood Buffer District, upon annexation. H: \ ... 1\ REPORTS \Kk \ 00 \ KA00-9 0 Flathead Regional Development Office 723 51h Ave. East ♦ •. 414 Kalispell,1 59901 PETITION FOR ZONING AMENDMENT NASEP 1 CITY OF KALISPELL 11 - 1. NAME OF APPLICANT: �'s'��- 'J�y,�� F. R. D. 0 2. MAIL ADDRESS: c `� -7 3. CITY/ STATE/ZIP: PHONE: 4. INTEREST IN PROPERTY: S. ZONING MAP AMENDMENT:_ ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: �y B. Legal Description:y�o�-� 1 Q+��.,Ps Atcfl �,c; ! (Lot and Block of Subdivision; Tract (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: C O U/N T Y 3-1 D. The proposed zoning of the above property is: 3-1 E. State the changed or changing conditions that make the proposed amendment necessary: A. Promoting the Master Plan W E C ®MP/- Y cv I r A4 iyE' CO'AA n Elz C 1,4L DES16 IY iOry B. Lessening congestion in the streets and providing safe access NE`/G�LC 130S/NE-SS ART S7UDlo) C. Promoting safety from fire, panic and other dangers WILl-- OVI&D 7'0 C17-y CODES f s�rQ,gcicS- D. Promoting the public interest, health, comfort, convenience, safety and general welfare iL JiJSI/\-)I-S S { �.i S;-� Ep�. Preventing the overcrowding of land F. Avoiding undue concentration of population \ G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities WILL '�'��X U f' T C, C /1 y 5 Eft v/ c C—_s 12 Giving reasonable consideration to the character of the district 2 -�- 1. Giving consideration to the peculiar suitability of the property for particular uses E I Q--31-4 �,� I;C-"� 61JS,,L)4SS e ( IAZ� —/ 6, Z) ) LL- (JO, -- C- L -�- --i (—,� (� S S X- 7- J. Protecting and conserving the value of buildings �Oh K. Encouraging the most appropriate use of land by assuring orderly growth (SO—(Z:> � C r C� 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. 717ko (Applicant) (Date) -1 3 Wt* 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 Change: Base fee $500.00 For first 80 acres of area of the request add $10/acre For next 81 + $5/acre Amendment to Zoning Text PUD Zoning Re -view: Residential Commercial Mixed Use $400.00 + $10/acre $600.00 + $10/acre $650.00 + $10/acre D. The application must be accepted as complete by the FRDO staff thirty (30) days prior to the date of the planning board meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. APPLICA13LE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: --1�3 00 1. 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 property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner �n U, T, No. -2, No. k 0< 1 and Mail Address Li 0 QD o, \ k--k P S 4 n f 4. A title report of the subject property. k As approved by the CAB on 4/5/00 Effective 6/ 1,*00 4 -5 CA C( Co \ PETITION NO. KA 10 -A] BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the Rural Fire District. The petitioner (s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner (s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this day of P-\ 2000. -- - LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: PROPERTY ADDRESS: OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE 25733 iggsiL /0330 DEED OF RECONVEYANCE STERLING TITLE SERVICES, a Montana corporation, as Trustee in the Trust Indenture/Deed of Trust executed by FRWK G. D.PVITA, as Grantor, to County Guaranty Title Company, as Trustee and NORWEST XORTGJWff, ZNC., as h Beneficiary, recorded NOVEMBER 18,1996 in Volume at paqe , Instrument No./Document No. 9632312190, records of Flathead County, Montana, pursuant to the written request of the beneficiary, does hereby GRANT and RECONVEY unto the PARTIES ITL THERETO, 0 Lot E of Block 1 of the PHILLIPS ADDITION TO KALISPEM, according to the sap or plat thereof on file and of record is the office of the Clerk and Recorder of Flathead County, Montana. without warranty, all the estate and interest derived to it by or through said Trust Indenture/Deed of Trust, in the lands therein described. The corporate name subscribed by its Assistant Manager, and the seal affixed by its Assistant Secretary, is pursuant to a resolution authorizing the execution of this reconveyance duly adopted by the Corporation. Datedx,,..XAy 15, 1998 SBRV�Vic,-.'�1� STERLING TITLE SERVICES D�p�8^kLC-% ® ? As;/�stant Iwo %,sy�°••...Oei,.°°♦o+ Assistant Secretary STATE OF MONTANA, COUNTY OF FLATHEAD on this 15th day of before se, a Notary said State, periVisa LAURA SULLIVW'Vngy+ Assistant Mfanagepv that execujl�& We,�+ and acknon 4dj(ed fb corpora tijr g4eSutp IN WI SS set my ban% seal, the d certificate May, 1998, Public in and for appeared •b.�e to be the ,�, oorporation tIrloAnstrument ate a dt such I hj $ereunto xe ,official -e*- 2 Notary Public for the State pt Montana, Residing at 12� �t tie My commission expires 4Q_1Z•4 I hereby Certify that this instrument was filed for record at the request of STERLING TITLE VICES at ,33 minutes past -"'clock 1 m., thippsn ��ffjj I QdaJy of -"'Clock 19,9$ 1JJC7 9/� g Ez-officio rder By - a&A Depaty Fees : &- Mail to: FRANK DIVITA PO BOX 1437 KALISPELL, MT 59903 CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: C THIS AGREEMENT, made and entered into this day ofket O' . by and between F2�...� ��y. hereinafter PARTY(S) OF INTEREST (INCLUDES OWNER(S), LIENHOLDER(S), OR CONTRACT SELLER(S) AND THE CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the start of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisiorm conditions and agreements, the receipt and sufficiency of which is hereby acknowledged,the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the EVc�f4�Q.>tw Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. THE PARTY(S) OF INTEREST further agree(s) that this covenant shall nun to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this .1 day of PARTY(S) OF INTEREST CITY OF KALISPELL City Manager ATTEST: Finance Director ss County of Flathead On this / Z. day of 5t� L,, uG , before me, the undersigned, Notary Public for the State of Montana, personally appeared FRau IC 21y r IA , 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 affixed my Notarial Seal the day and year in this certificate first above written. STATE OF MONTANA ) F*1 County of Flathead Notary Public, State of Montana Residing at ,tt T My Commission expires v / � On this day of before me, the undersigned, a Notary Public for the State -of Montana personally appeared and , the and respectively, of ,the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires STATE OF MONTANA } ss County of FIathead On this day of , before me a Notary Public in and for the State of Montana, personally appeared CHRIS A. KUKULSKI and AMY H ROBERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein set forth, and that they were duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission expires 1 NEARM NOTICE OF PUBLIC KALISPELL CITY - COUNTY : PLANNING BOARD AND _ZONING COMMISSION r Village Gr Ar and Zon-' ljoiirhione chanip4` from R-3 to R-5 North- Maridlen Road 3Day Care Center in RA - Airport Road I I - er, kiW Zoning of I-1 =Kelly Road NVII;OAnnWxatjoii irid t initial Zoning of B-1 - Woodland Drive age Phase V AnnexaSonanddInitial Zon- of RA t; :r utartte of the Kalispell City - Planning Board and d Zan. It for'Tuesday,Odober 10, 2400 beginning at 7-00 PM In the Kalispell City ' Council Chambers, Kafis- poll City Hall, 312 First ,, Avenue East, Kalispell. ' During :the ;regularly scheduW meeting of the planinlrig board, lit$ board will hold public hearings and laM public cominaft on the following agenda' items., he board will malts" W&Hon m the sty Courn clt who wiif take Mal tt- 5Orc ,. o •Norm 1. A ploposal by the C ty of KaBW for ft an- nexatiori of Glacw vane Greens and adjoining property to the WesLKAASW city The passed a resolution of to annex platted sub - Village Greensdevetop- insird and proWty to the wait As pan of the an- nexatiori process, hearing is 4,� a pubilicc held before the pLanning board regarding assignmard for for and they a recommendation to the Kalispell City Cxiuncill. The properties proposed for annexation can be Wier - ally described as - s Tract 5 and Phases i through X, Including the xnertded Apdlyoic_n plats and comrim areas within the platted subdivisions, but excluding Phase ViI, the clubhouse and golf course. These properties are located in Section 32, T 29 North, Range 21 West, PALM., Flathead County, Montana. 2. A request by Dana and Krista Diebert for a zone change from R-3, a Residential zonlM to R-5, a Residential � Professio- nal Office zoning districL The ��Vopov for is on the of North Merk - an Road approximately 600 feet south of Three Mile Drive. The would like to convert the e ' into of- fice space. -The property is located at 1070 North Meridian Road and con- tains approxunatety .33 of an acre (15,000 square' feet). It can be described as Lot 4, Block 1, Adams Addition located in Section 12, Township 28 North, Range 21 West, P.M.M., Fathead County, Morita- 3. A n by Weyne and Suzanne Eloott for a conditional use rmit to allow the by ra fon of a day care enter in an RA- 3, High Density Residen- tW Apartment zoning dis- trict The day care center would accommodate a maximum of 36 children. The property proposed for the day care center is lo- cated on the west side of Airport Road approximate- ly 100 feet south of 18th Street West and the ad- dress is 1818 Airport Road, KaUspeiL it can be described as Lot 1, Purdy Addition located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana 4. A request by Dennis Carver for annexation into ft city of 01slow arid a initial zoning designation of t-1, Light industriaal, an approximately one acre. The pro rty ties on the north of Kelly approximately $00 feet east of HiQhway 93 Souft The property a currently in the County zoning lion and is zoned t-1, Light IndiustriaL The purposed the annexation is so tfid the property owner can Owned to Crty sewer smx= for a po posed shop and office twilling intended for the property. -The property can be described as As- s Tract 70F located in Section 20-4ownstlp 28 NoM, Range 21 WeA P.M.M., Flathead Montana. 1 5. A request by Frank DiVita for annexation inlo the City of Kalispell and an initial zoning designation of B-1, Neighborhood Buf- fer District, on an matey 9,000 square feet parcel. The property lies on the northeast comer of Woodland Park Drive and Shady Glen Drive. The properly is currently in the County zoning jurisdiction and Is zoned B-t. Neigh- borhood / Professional The purpose of the annexation is so that the property owner can connect to City water and sewer services for an artist studio intended for the property. 'The property can be described as Lot 9, and the south 25 feet of Lot 8, Block 1, Phillips Ad- dition, located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 6. A request by Buffalo Chip Partners for annexa- tion of Buffalo Stage Phase V, into the City of Kalispell and in tnitaf zon- ing designation of RA-1, Low Density Residential Apartment. This is the fi- nal phase of Buffalo Stage Subdivision and it contains 36 lots on approximately 11.61 acres and is located on the west side of White- fish Stage Road south of Granrud Lane. This prop- erty is in the Evergreen and Vicinity Zoning District and is zoned RA-1, a law Density Residential Apart- ment zoning district. This subdivision is served by Kalispell sewer and Ever- green water. The property can be described as Buffa- lo Stage Phase V located in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda hems are on file for public inspection in the Flathead Regional De- a (LAL) FLATHEAD COUNTY LAND INFORMATION SYSTEM Traneode (I) ACCOUNT INFORMATION Inquiry by AS OF 9/18/2000 Assessor Number (07833001 Year (01) Geocode [ 0783300 05 DI VITA, FRANK G 4P 23 WOODLAND PARK DR KALISPELL 4M PO BOX 1437 KALISPELL 61 PHILLIPS ADD 08 28 21 00 00 00 0 00 00 00 0 * INVALI MT 599014648 MT 599031437 Add'1 Names N Add'1 Desc N Add'l Values N 9, 8 S 25' 1 [LIM) w all Subject Property as to �s N 2 30-22+ 30- ��v �30_224 7 6 �A A B 2 SHADY GLEN DR 1 12 11 10 9 g 7 6 RHll.Llljq VICIlNI'I'Y M1lP FRANK DIVITA REQUEST FOR ANNEXATION INTO KALISPELL & INITIAL ZONING OF B-1, NEIGHBORHOOD BUFFER DISTRICT FROM B-1, WILLOW GLEN ZONING DISTRICT FILEKA - 0 0 - 9 PID T DATE: 9/19/00 # SCALE 1 = 200 \j�,\.1te\sA00_9.c