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03. Resolution 4487 - Annexation - David and Deanne BergerFlathead Regional Development Office 723 5th Avenue East - Room 414 REPORT TO: FROM: SUBJECT MEETING DATE: Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Annexation and Initial R-4 Zoning - David and Deanne Berger June 21, 1999 BACKGROUND: This is a request for annexation and initial zoning.of R-4, a Two Family Residential, zoning district for approximately 0.62 acres located at the northern boundary of Belmar Addition subdivision. The Berger's own approximately five acres, most of which is in the 100 year floodplain. This 0.62 acre site is in the 500 year floodplain and will provide an adequate building site provided they can obtain city water and sewer. The property is currently in the County zoning jurisidiction and is zoned R-1, Suburban Residential. An on -site sewage treatment system would not be a reasonable alternative to developing the property. On June 8, 1999 the Kalispell City -County Planning Board held a public hearing to evaluate the most appropriate zoning upon annexation. The planning board and staff are recommending that this property be zoned R-4, Two Family Residential, upon annexation. RECOMMENDATION: A motion to adopt the resolution annexing this property to the city and a motion to adopt the ordinance for R-4 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 15, 1999 Attachments: Letter of transmittal Staff report KA-99-4 and back-up materials Draft minutes from the 6/8/99 planning board meeting Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls - City of Kalispell - City of Whitefish • RESOLUTION NO. 4487 A RESOLUTION ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF KALISPELL, SAID TERRITORY BEING APPROXIMATELY 0.62 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND FURTHER DESCRIBED IN EXHIBIT "A", TO BE DESCRIBED AS BERGER ADDITION NO. 292. WHEREAS, the City of Kalispell has received a request from David and Deanne Berger, the owners of the property which is described in Exhibit "A", requesting annexation into said territory and zoning by the City, and WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City and the inhabitants thereof that said property be annexed to the City, and WHEREAS, on November 6, 1995, the City Council adopted pursuant to Section 7-2-4732, MCA, an Extension of Services Plan which anticipated the development of City services for approximately five years in the future, and WHEREAS, the Flathead Regional Development Office in Staff Report 4KA-99-4 indicated that sewer, roads, police, and fire services are either available or already in service to said property, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a hearing on June 8, 1999, pursuant to Chapter 27.30, Kalispell Zoning Ordinance, to recommend zoning for the property in accordance with the Kalispell Zoning Ordinance, in the event the property is annexed to the City, and WHEREAS, the Flathead Regional Development Office recommended annexation of the property (#KA-99-4) with Two Family Residential, R-4, on the property, and WHEREAS, the Kalispell City -County Planning Board and- Zoning Commission passed a motion recommending approval for annexing and zoning the property, and 4487 berger.wpd 1 WHEREAS, the City Council intends that said territory, if annexed, shall be zoned in accordance with the recommendations of the Flathead Regional Development Office staff report #KA-99-4, and WHEREAS, Berger Addition No. 292 is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex the property under the provisions of Title 7, Chapter 2, Part 46, MCA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That all the real property as is more particularly described in Exhibit "A$, attached hereto and thereby made a part hereof, shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide. 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 said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned according to the Zoning Ordinances of the City of Kalispell. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. 4487 berger.wpd 2 PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21st DAY OF JUNE, 1999. Wm. E. Boharski Mayor Attest: Theresa White City Clerk 4487 berger.wpd 3 Berger Annexation and Initial Zoning June 15, 1999 Page 3 motow.4 1� • • kyx tt i'1 �.i.[ A. it;-. ..# _t_x.: , I[`: i• N �..- r Yi ♦ • , -" iti tx3. •. Y'lf • .-�.. fl A Itfi/ it.;. )[.• it A• tt ".:•.,` 1 1 A ji f.. i[f'�r.w' R tt . c.A %' ![.:.: 1? .i' [t`i A. '1C' i I :=:✓.w' it la r.. A iF .✓,.'' # i`1� ri •'i i T� t. [[. • i •1. it � 1t ".. . tPr _ i /frr`-! r+'-i r'i`f ttt:' ]I'..•1,-? M•fiu �i t..l.ite' •.t.' iX., )t: r • nIi'i +�. s`•1# 1.311 ! '{'i' •.� II=+."a�M # �' [. l`i )_i ♦# 1'� z�:- I�,:;a •a a't x"i. �' t wa:fd of the attendant -fcidul . Family day eafe _ gr-eup day etare- homes -(see M At must be registered with the appre +.-i to by the appr-epr-iate state age A use which means care for children or adults other than the parent or other person living with the individual on a regular basis for daily period of less than 24 hours, whether that care is for daytime or nighttime hours. Regular basis means providing supplemental care to separate families for three or more consecutive weeks. Family day care home means a place in which supplemental care is provided to three to six children or adults on a regular basis. Group day care home means a place in which supplemental care is provided to seven to 12 children or adults on a regular basis. Day care center means a place in which care is provided to 13 or more children or adults on a regular basis. Section 27.26.050(15), Off Street Parking for Day Care Home, Day Care Center, Group Day or Nursery School: One spaee-per- teacher-/ employee en the /^igest shift -plus on tfeet lead spaee per- six students. One space per teacher / employee plus one loading space per six students with a maximum of two loadin_a spaces to be provided on the street in front of the property where the facilities are located. On a roll call vote all members present voted Aye. The motion to recommend approval of the amendments passed unanimously. BERGER ANNEXATION A request by David R. and Deanne Berger for annexation and & INITIAL ZONING initial zoning of R-4 on approximately 0.62 acres north of Belmar Subdivision. STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-4 in which staff recommends that the board recommend to the Kalispell City Council that the initial zoning for this property should be R-4, Two Family Residential, upon annexation. She noted that the applicants own approximately 5 acres, most of which is in the 100 year floodplain. The area included in the request for annexation is not in the 100 year floodplain but is in the 500 year which provides a building site. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Dawn Marquardt, land surveyor for the applicants, spoke in favor and made herself available to the board for questions. OPPONENTS Doug Young, Lot 11 Belmar Addition, spoke against the petition stating that there are 3 people already- using the 12 foot easement, that is paved, and he would like to have the initial zoning for single family residences rather than allowing a duplex as that would allow 5 residents using that easement. He stated that there are children in the area and he believes something should be done with the road in order for it to be safe. No one else wished to speak and the public hearing was closed. Kalispell City County Planning Board Minutes of meeting June 8. 1999 Page 2 of 12 BOARD DISCUSSION The board discussed the petition briefly and took public comment into consideration. Heinecke asked if there were already duplexes on Lots 10 and 1 and was answered that there is a duplex on Lot 10, a single family residence on Lot 11, and Dick Brady uses the road as access to his pasture. Johnson asked about access and it was explained that the 20 foot easement across Lots 10 and 11 are the only access to this property. Breneman asked if they would have to widen the road if a duplex was put on the subject property and was answered no. Sipe asked if there were any other access and was answered no. Wilson noted that the property could not be further subdivided because of the limited access to the site and therefore the most that could be placed on the five acre property would be a duplex. Brenneman noted that it could be spot zoning if any other zone designation were to be placed on this property. Wilson agreed and noted that it has been a matter of policy for FRDO to recommend a zone such that is consistent with an area and the master plan and, based on that, R-4 appears to be t' most appropriate zoning for this property. She also noted the access is a problem all over the county. The existing access to this property is not uncommon, even though it is not encouraged. She stated that the applicants plan to place a single family dwelling on the property, but the initial zoning should be consistent with the area which allows for duplexes. Stevens noted that he did not agree that other residential zoning would be spot zoning, stating that single family or duplex is not significantly different and there seemed to be no reason to change the recommended zone on the property. MOTION Breneman moved and Heinecke seconded to adopt staff report KA- 99-4 as findings of fact and, based on these findings, forward a recommendation to the Kalispell City Council that the initial zoning for the subject property should be R-4, Two Family Residential, upon annexation. On a roll call vote all members present voted Aye. The motion to recommend R-4 zoning upon annexation passed unanimously. CHANGE TO THE Sipe requested that the Schulze petition be moved to the end of AGENDA ORDER the agenda as he knew that Schulze was planning to be at the meeting. There was no opposition to that request. Kalispell City County Planning Board Minutes of meeting June 8, 1999 Page 3 of 12 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 June 15, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Berger Annexation and Initial Zoning of R-4, Two Family Residential Dear Chris: The Kalispell City -County Planning Board met on June 8, 1999, and held a public hearing to consider a request by David and Deanne Berger for initial zoning of R-4, Two Family Residential, upon annexation into the city. The property proposed for annexation contains approximately 0.62 of an acres and is located on the north side of Belmar Addition subdivision which lies west of Airport Road in the southwest part of Kalispell. Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-4 evaluating the proposed R-4 upon annexation. She noted the Bergers own approximately five acres located in the county, which is zoned County R-1. Most of it is in the 100 year floodplain except that being proposed for annexation. She recommended the board forward a recommendation for the R-4 zoning which would be consistent other zoning in the area. At the public hearing, Dawn Marquardt, project land surveyor, spoke in favor of the petition. Doug Young, spoke against the proposed zoning, stating that there is already too much traffic on the paved easement to the subject property. The board discussed the petition and agreed that R-4 was the most appropriate zoning designation upon annexation. A motion was made to adopt staff report KA-99-4 as findings of fact and recommend to the council that the property be zoned R-4 upon annexation. On a roll call vote the motion passed unanimously. Please schedule this matter for the June 21, 1999 regular city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely ry lispe City- linty Planning Board ean J nson Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Berger Annexation and Initial Zoning June 15, 1999 Pate 2 JJ/NW/tl Attachments: Exhibit A - legal description Petition to Annex Consent to Withdrawal from Rural Fire District Staff report KA-99-4, application materials, including legal description Draft minutes 6/8/99 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: David R. and Deanne Berger, PO Box 477, Somers, MT 59932 TRANSMIT\KAL\KA9904 PETITION N0. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispeil 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 _ 19CIA. LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:,-%�Ior} lc- dk&-Actee-�-- W\CVk \n PROPERTY ADDRESS: PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE DAVID R. AND DEANNE BERGER REQUEST FOR ANNEXATION AND INITIAL ZONING FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KA-99-4 JUKE 1, 1999 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for annexation and initial zoning. A hearing has been scheduled before the Kalispell City -County Planning Board for June 8, 1999 beginning at 6:00 PM in the Kalispell_ City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION 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 annex into the city and obtain R-4, Two Family Residential, zoning on the property. A. Petitioner and Owners: David R. and Deanne Berger P.O. Box 477 Somers, MT 59932 (406)857-2425 B. Location and Legal Description of Property: The property proposed for annexation is located on the north side of Belmar Addition subdivision which lies west of Airport Road in the southwest part of Kalispell. The property can be described as a 0.62 acre portion of Assessor's Tract 14CA located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. E2isting zoning: Currently this property is located in the County zoning jurisdiction and is zoned R-1, a Suburban Residential zoning district requires a minimum of one acre and is usually in an area which is not served by community sewer. Although the entire parcel contains approximately five acres, the subject property could not be developed in the R-1 zoning district with an on -site sewage treatment system because of the amount of 100 year floodplain that is on the property.. There is a small building site along the southern boundary of the property which is outside of the 100 year floodplain and provides a good building site. This area is proposed for annexation. D. Proposed Zoning: The applicants are proposing City R-4, a Two Family Residential Apartment zoning district which has a minimum lot size requirement of 6,000 square feet and would be required to be served by all public facilities and services. This district allows for single family residential and two family dwellings as permitted uses. All of the surrounding residential properties in the area are zoned R-4 and the proposed zoning would be consistent with that which is in the area. E. Size: The area proposed for annexation and zoning contains approximately 0.62 acres which is a portion of the entire approximately five acre parcel owned by the Bergers. The remaining portion of the site is in the 100 year floodplain, either in the flood fringe or the floodway and has little development potential. F. Existing Land Use: Currently this property is undeveloped. The property owners plan to build a single family residence on the property and require City water and sewer to do so, hence the request for annexation into the city. G. Adjacent Land Uses and Zoning: The character of the immediate area is residential, primarily single family homes and a few duplexes. This property bounded on the south by property within the city limits. The property to the east, west and north is in the county, most of which lies in the 100 year floodplain and has marginal development potential. North: Undeveloped 100 year floodplain, County R-1 zoning South: Single family homes, City R-4 zoning East:: Undeveloped, County R-1 zoning West: Undeveloped, County R-1 zoning A. General Land Use Character: The general land use character of the area is single family residential to the south and 100 year floodplain to the north, east and west. I. Availability of Public Services: Public services are available in the immediate area which include water and sewer as well as fire, police and street maintenance. The reason for this annexation request is so that the property owners can connect to the City of Kalispell water and sewer and thereby construct a new single family home EVALUATION BASED ON STATUTORY CRITERIA 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. SUMMARY AND DISCUSSION 1. Does the requested zone comply with the Master Plan? This property is indicated on the Kalispell City County Master Plan Map as urban residential. The proposed R-4 zoning district complies with that master plan map designation, as well as the goals and policies of the document. 2 2. Is the requested zone designed to lessen congestion in the streets? Rezoning this property may result in potentially ten vehicle trips per day associated. with a single family- home. No significant impact on traffic congestion will result from bringing this property into the city and assigning it an R-4 zoning designation. 3. Will the requested zone secure safetv from fire, panic, and other dangers? There would be no obvious increase in risk related to this zone designation request. Access to the site is limited because it is by way of an easement that runs through Belmar Addition subdivision. However, this situation is not unlike others in the community where emergency access is less than ideal. 4. Will the requested zone promote the health and general welfare? Because this annexation will enable the property owners to connect to public sewer and construct a new home on full public services, the public health and welfare of the community will be served by encouraging compact development within the city core. S. Will the requested zone provide for adequate light and air? The proposed use, a single family residence, will be required to comply with the development standards of the district which assures that there is adequate light and air. 6. Will the requested zone prevent the overcrowding of land? The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. 7. Will the requested zone avoid undue concentration of people? No significant increase in the population in the area will result under the proposed zoning. Technically, one additional dwelling would be constructed under this zoning. The lot size requirements for the district avoid the undue concentration of people in the area. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage schools. parks, and other public requirements? 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. 3 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed zoning is consistent with the zoning in the surrounding area and the uses in the area. The proposed zoning is consistent with the master plan map designation and anticipated development. The requested zone gives appropriate consideration for the suitability of this area for the uses allowed under the R-4 zone. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is residential. The use proposed on the property is residential and will be consistent and compatible with other uses in the area. The requested zone gives reasonable consideration to the character of the area. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. 12. Will the requested zone encourage the most appropriate use of the land throughout the iurisdiction? The most appropriate use of land throughout the jurisdiction appears to currently be residential. This is consistent with the master plan designation and promotes the stability and neighborhood character of the immediate area. It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-99-4 as findings of fact and forward a recommendation to City Council that the initial zoning for this property should be R- 4, Two Family Residential, upon annexation. H: \... \REPORTS\KA\98\K.A99-4 4 -C ca I 10A i 4A 0 44�C JUIE 2 i A -CA cc i f�i iH <i5 12 L) 4 -7-2=3� 13 22 ( 14CAA 4C z :2J7 14C 17 - - - - - 141 f42i43 45 446 4 19 501511.521 53j541 n_-6j 5 6 1 62 53 54 W 66 � 67- - - - - - — - - 4 39 t R I L /a Llt- I vv BLLMSTOK 7' 37 q,, 1 123 I r 145 1*,7 "AS 5d4,,s-,4, 124 K i±�D� BFGG 4R�F I,-' '35 CARLNGMN its SOUTH lASADCWS,., lie 33 167 al 145 11, ,j 1 02 5 Sao 129 17 a its 130 32 173 17 9 IV C;J�Z 1 GARCENWAY k3l toe zm 203 as 99 ... . ..... .. ... .. . .... .. . 30 97 'A 10.4 -03 ze a 194 206 48 105 GR—"- COVE N+ 3 lCG 75 ZA C ,& LV .23 !$ law i Ia2l 81 50 79 -3 77 27 GREATVIEW SOUTH UE*CWS DR AM 114 26 LA 25 24 23 2t 2 t t i t t 1 J 12 11 1 a 18 7 8 F 3 2 1 4 6 1 5 JJ2 1 7 6 Si .3 2 129A # 21 29 22,uj 7 23 24 20 23 w —a 9 25 26 22 19j 27 24 Z9 S 7 j 28 21 uj 18 n >-- 25 0 10 25 -1 1 z 29 Ti 120 0 7 9 13 14 1 16 t7 8 + r 1a 13 [NO '09, 4+ .-.va.v a.t. a a v r1a.t�L.l� tiv i�ii l:t�i i:t� I AND NOTICE OF WITHDRAWAL FROM RURAL, FIRE, DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this clay of 199 , by and between hereinafter PARTY(S) OF INTEREST [ INCLUDES O%VNER(S). LIENHOLDERS(S), OR CONTRACT SELLER(S) l and the CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PART1'(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 So�,�� c�\_ a 1 i Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated int r this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and thu_ 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 PART(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this day of , 199 . CITY OF KALISPELL 11 City Manager Flathead Regional Development Office 723 Sth Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-S980 Fam (406)758-S781 .e,-; u-3 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 1. NAME OF APPLICANT:/ Ny � . arc, pG �� { r1 �p c-g r 2. MAIL ADDRESS: 3. CITY/STATE/ZIP: PHONE: C, 4. INTEREST IN PROPERTY: 5. 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? -- MAY 10 1999 IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: Vs- _-I2 ki . YV�c S'c 101 B. Legal Description: c) r, c i, c- - 14CA (Lot and Block of Subdivision; Tract) \ :+P 6 - v (Section, Township, Range) (Attach shelet for metes and bounds) C. The present zoning of the above property is: The proposed zoning of the above property is: 2 E. State the changed or changing conditions that make the proposed amendment necessary: 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health comfort, convenience, safety and general welfare E. Preventing the overcrowding of land _ F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewtage, schools, parks and other public facilities 2 H. Giving reasonable consideration to the character of the district I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for F.R.D.O. staff to be present on the o erty for routine monitoring and inspection during approval process. ��z ze plicant) (Date) 3 APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS: 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 Change: Basefee........................................................................$400.00 For first 80 acres of area of the request.................Add $5/acre For requests for 81 - 160 acres.............................Add $3/acre For requests covering 161 acres or more...............Add $1/acre Amendment to Zoning Text......................................................$300.00 PUD Zoning Review: Residential.................................................................... $400.00 Commercial...................................................................$500.00 MixedUse.....................................................................$650.00 D. The application must be accepted as complete by the FRDO staff thirty (301 days 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. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: 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 property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title report of the subject propel ty. 51 (C.O.S. 36571, o, 4SHL EY z CREEK `�. N33'33 22' E I5.02' N53'01'22"E \ 55.83, , N89'52'451� //2.3 ' 'E / ,' 54 04r\e 1000 FND. S/B' Es BY 3980- S A000, � - � \ �c \ -7 FYD. S/B' R � R BY 4/3C•S S531276'E /' N72-54'45'E 450��S o, 73.03' S75'3128'E 32.43 ON i �OOu�:--•o� 1 ON w o S53 ;36 7 7' E" 53 66' „9s �� • � �. S25'12 '5a ' E \� \ 60 72" 5123' -�=�- TRA CT l f 9 CRES to !C.O.S. 35321 m0 + Om , I4 c o TR. *5.8` C; S NO , i '�L15_-� CERTIFICATION APPLICANT: DAVID & DEANNE BERGER FRDO FILE #: KA- 9 9 - 4 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the property lines of the property that is the subject of the application. > Date: Assessor's S-T-R Lot/Tract Property Owner No. No. & Mail Address SEE ATTACHED LIST APPLICANT DAVID & DEANNE BERGER PO BOX 477 SOMERS MT 59932 TECHNICAL PARTICIPANT MARQUARDT SURVEYING 285 FIRST AVENUE EN KALISPELL MT 59901 Sedion 19, T 28 21 Wag. Mthead County. Nfoulam- Tract 14DA 05.0563142 Lym D. Budm 75-0976W 1605 54h Ave W. Kalispek MT 59901 Trad 14CA 05-M3450 _Gemv M Ban Trust 220 Woodland Ave. KahspdL Mr S9901 Tract 1C 054592650 Woodrow W. dt Ams L Mlkr 18101stAve. W. KAHqmk MT 59901 Trod 1K 054541660 Sommoen Land Co. M5 3rd Ave. B. KafiVaILMr 59901 Lot 7 Lot 9 M. 5r'.x 75.OM274 Lot 10 73-OM275 H. ti.:4i:t:r Lot 11 75-OM276 Douglu E. Young 1851 N. Bohm Kafispat mr 59901 IX '747,773 ULI'll Lot 12 75-0993277 Jon P. Nabon M Y. Fvmt 1955 N. Bohm KabspdL Mr 59901 RC Y T NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Annexation and Initial Zoning of B-1 - Whitefish Stage and West Evergreen Drive Annexation and Initial Zoning of R-4 - North Belmar Zone Change from RA-1 to B-3 - North Meridian Road Kalispell Zoning Text Amendments - Various Kalispell Zoning Text Amendment Relating to Day Care Parking and Definition Preliminary Plat Approval of Ranchview Subdivision The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, June 8, 1999, beginning at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East scheduled meeting, the board will hold public hearing To the Kalispell City Council: s A request by George E. Schultz, aka Kal-Mont Dairy Farm, for annexation and initial zoning of B-1, Neighborhood Buffer District, for approximately 5.536 acres. The property proposed for annexation is located on the northeast corner of Whitefish Stage Road and West Evergreen Drive in the northeast part of Kalispell. Currently this property is in the Evergreen and Vicinity Zoning District and is zoned County B-1, a Neighborhood Professional Business zoning district. The property can be described as a portion of Assessor's Tract 5 located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit A. 2. A request by David R and Deanne Berger for annexation and initial zoning of R-4, Two Family Residential, on approximately 0.62 acres. The property is located north of Belmar Subdivision and adjoins the northern boundaries of Lots 8, 9, and 10 of Belmar Addition Subdivision. This property can be described as a portion of Assessor's Tract 14CA located in Section 19, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana, and as further described in Exhibit B. 3. A request by Walle and Mary Lou Lindsay for a zone change from RA-1, a Low Density Residential Apartment, zoning district to B-3, a Community Business, zoning district which allows a variety of commercial uses. The area proposed for rezoning contains approximately 0.79 of an acre and is located at 580 North Meridian Road, on the east side of North Meridian Road and north of Two Mile Drive approximately 150 feet. The property can be described as Lot 1 of Stubbs Addition 58 located in Section 12, Township 28 N )rth, Range 22 West, P.M.,M, Flathead County, Montana and as further described in attached Exhibit C. 4. A request by The Nurturing Center for a text amendment to the Kalispell Zoning Ordinance, Sections 27.26.050(15), Panting Standards for Day Care Facilities, and Section 26.37.010(69), Definition of Day Care. As proposed, the standards would require one space per teacher/employee and delete tine requirement for one off-street load space per six students. And would require one space per teacher/employee plus one off-street load space per six students for Day Care Centers and Nursery Schools. Additionally, the definition of Day Care Facilities would be clarified to denote a difference between a Family Day Care Home, Group Day Care Home and a Day Care Center and to clarify the term "regular basis." This amendment would potentially effect all areas 'Aithin the City of Kalispell which allow day care facilities as either a permitted or conditionally permitted use. 5. A request by the City of Kalispell for various amendments to the Kalispell Zoning Ordinance which are intended to be "housekeeping' changes that would not typically be controversial issues, but that would address several on -going probiems within the City's zoning jurisdiction. Those changes would include but would not be limited to the following issues: increasing the allowable height in the "R" zonings from the current 15 foot limit to 18 feet provided they are single story construction; add banks, savings and loan and finance companies as a permitted use in the B-2, General Business district, change casinos from a conditional use to a permitted use in all districts which allow casinos and amend the definition of casino; allow single archways serving as pedestrian entrances not exceeding nine feet tall five feet wide and four feet deep in the required setback areas; reduce the required side comer setbacks from 15 feet to 10 feet on lots of 50 feet or less; to allow temporary events such as car shows, boat shows, carnival, concerts, etc. in the "B", `I" or "P" zones as a permitted uses provided the event does not occur more than seven days in a three month period; a provision to allow the issuance of an administrative conditional use permit which is a minor amendment to an existing conditional use permit; amend the definition of professional office. This amendments could potentially effect several areas of the zoning jurisdiction where these uses are allowed. 6. A request by Robert Peters for preliminary plat approval of a ten lot residential subdivision located west of Grandview Drive and south of Commons Way in the north part of Kalispell. The property is zoned RA-1, a Low Density Residential Apartment, zoning district which has a minimum lot size requirement of 6,000 square feet for single family homes plus an additional 3,000 square feet per unit beyond a duplex. The total acreage within the subdivision is approximately 2.88 acres with the lots ranging in size from approximately 8,700 square feet to 12,700 square feet in size. The property where the subdivision is located is at 340 Grandview Drive and can be described as a portion of Assessor's Tract 5AA located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana - Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional 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. AMCO'c') 44,1C/-)6✓ Thomas R. Jentz Planning Director Exhibit B David R. and Dianne Berger Initial Zoning of R-4 Upon Annexation Legal Description TbatporfionaNxNodbeast'/. of the Northeast'/4 of Section 19, Township 28Nord, Range 21 West, Flathead County, Montana descnibed as follows: Cmnencing at the Northwest corner rf the Northeast '/. of the N&heast `/s thmce aiongthe Westline a the N&hewt'/, of me Northeast `A South 04°09'42" Fast 635.36 fleetto the PoPointoffSe iinnjing; thenceEast codin ing along the West line of the Northeast '/4 ofsthe Northeast 'A South 00009'42" R 125. 00 feet to the Northline ofpBe-haff tie akagffie North Ime ofBelsaar Addition North W5T43" Fast 216.19 thence North 00009'42" West 125.00 fleet; them South 89052'45" West 216.19 feet to the Point of$eginning containing 0.62 acre of land A�. ♦8 7 9' 5-25 5-258 -30 ` I I E WES BIDE 14D 1 44DA 1WL'c: Or 1 c A .macI LII rl-IIAL'S SLI -7 14CA 1F • 1 GA 6 7 1 8 1 j �cc 4 z 22 I 23 < 1 K 3 § 24 25 14CAA z 2 m 26 27 1 F 16 21 20 19 18 17 KST' 2 54 55.56 57 58 5 62- 63 64 mmFmm 6 OF 67 AB ;< � 134 133 132 131 118.119 120'121 12114, Or 155.1561157A 1 t17 127 126 i24 so 1 AA AMC /125 BE-11: =ARK 0^ F 128 - 1 3AB GS 11 Ld -(--\ r- t A14 ST �159 114 162 161 129 71 13wo 17& 179 la2 112 "ICZ 8EG J ADD NAY 72 3AA 7�3 VICENITYMAP DAVID & DEANNE BERGER REQUEST FOR ANNEXATION & INITIAL ZONING FROM R-1, SUBURBAN RESIDENTIAL, WEST SIDE DISTRICT, TO R-4, TWO FAMILY RESIDENTIAL, CITY OF KALISPELL ZONING PLOT DATE:5/18/29 FILE w L-99-4 SCALE 1" = 300' EL-\j1m\mite\XA99-4.dw& CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this _— day of 199 , by and between eIs W,d r, hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR CONTRACT SELLER(S) ] and the CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, VTITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the So.4,\; e �v_ t Fire District under the provisions of Section 7-33-2127, Montana Code Annotated', 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 PART(S) OF INTEREST further agr*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 WHERiOF, we have hereunto set our hands and affixed our seals this day of 1199 . CITY OF KALISPELL City Manager ATTEST: Finance Director �T_m�vN ro. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from theRural 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 1 - day of _ m _ 19C)9. LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:c- 04- N\ C'A \n S CcA;cr. \�J �a8 tV'��\�i. - � �e��\ d�sc� Dk- %Cc-• Uhl-c�c l.ed� PROPERTY ADDRESS: PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE rr 0 0-.e � /r &, r i4-kq rr ScA