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5. Ordinance 1636 - Zone Change - Joshua Hostetler - 1st Readingpity of Kalispell Panning & Building Department 01 " Ave East, Kalispell, Montana 59901 Planning Telephone: 40 7 -7940 Building 'Telephone: 40 75-770 Fax; 40758-7739 We site: www.kalispell.com EFIO1 TO Ka hs.pell Mayor and City Council E X: Sean Conrad., Senior Planner James H. Patrick, City Manager SUBJECT: Joshua Hostetler - Zone change from I- i , Light Industrial to B-2, General Business zoning district MEETINGDATE: Aprfl 2 1, 2008 BACKGROUND: The Kalispell City Planning Board met on April 8, 2008 and field a public hearing to consider a request for a zone change from 1-1 to B-2 for one property approximately 13,900 square feet in size and addressed as 173 Forth Meridian Road. The lot can be legally described as Lot 1. of the Walter Addition Amended Lot 2 and Lot 2 of the Amended Lot 1 of the Amended Meridian Complex located in section 7, Township iip 8 North, Range 21. guest, P.M.M. , Flathead County, Montana,. Sean Conrad., of the Kalispell Planning Department, presented staff report #KZ -- -1 providing details of the proposal and the evaluation. He noted that the proposed. B-2 zoning district was compatible with surrounding lard uses and also consistent with fe Groff Policy which identifies the lard as commercial. Staff recommended the board consider approving the zone charge based on this and other facts determined in the f dings of fact report. To one spore either for or against the zone change at the public hearing. The board unanimously recommended the council consider approving the requested zone change of B-2 for the property. REC �ENDATI N: A. motion to approve the zone change request would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully s �tted, Sean Conrad Se ar r Planner Report compiled April 15, 2008 ames H. Patrick City Manager Attachments-, Transmittal letter Staff reports ]KZC- -1 and application materials Draft Minutes planning board meeting c: Theresa White, Kalispell City Clerk 0) ORDINANCE E 1636 AN ORDINANCE To AMEND SECTION 27,02.010, OFFICIAL ZONING MAP, CITY O KA ISPELL ZONING ORDINANCE, ([ORDINANCE No, 1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOT 1 OF THE WALT R ADDITION AMENDED LOT 2 AND LOT 2 OF THE AMENDED LOT I of THE AMENDED MERIDIAN COMPLEX LOCATED IN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY,, M NTANA (PREVIOUSLY ZONED CITY 1-1. LIGHT INDUSTRIAL) To CITY B- (GENERAL BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND To PROVIDE AN ECTIVB DATE, WHEREAS, Joshua Hostetler, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B--2, General Business, on approximately 13,900 square feet of land, and WHEREAS, the property is located on the east side of North Meridian Road approximately 50 feet south of the intersection of North Meridian Road and US Highway 2 Nest, and WHEREAS, the petition of Joshua Hostetler was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-08 - I, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 8, 2008, and recommended that the zoning be City B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adepts, based upon the criterion set forth in Section " - - , M.C.A., and State, Etc. V. Board of Court ornnussioners Etc. o P2d 602, the findings of fact of KPD as set forth in Staff Report No. KZC-o -1. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of KA ISPEL , AS FOLLOWS: SECTION I. Section 2 . 2. lo, of the official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1 o) is hereby amended by designating the property described above as I-1, General Business on approximately 13,900 square feet of land. SECTION II. The balance of Section 2 - 2. 10, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 111. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED ADD APPROVED Y THE COY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY of KALISPELL, MON Al A, THIS.21ST DAY of APRIL, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk KALISPEL , CITY PLANNING BOARD & ZONING COAMSSION BUNUTES OF REGULAR MEETING ARIA, 8., 2008 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CAL Zoning Commission was caked to order at 7:00 p.m. Board members present were: John Hinchey, Robyn Bal om, Rick Hull, Jim Williamson and C.M. h Clark. Sean Conrad and Nicole Johnson represented the Kalispell Planning Department. There were approximately 2 people in the audience. APPROVAL of AHNUTES Bal.con moved and Wilhamson seconded a motion to approve the minutes of the March 11, 2008 Kalispell City Planning Board meeting. ROLL CALL The motion passed unanimously on a roll call vote. TEAR THE PUBLIC No one wished to speak. HOSTETLER ZONE A request from Joshua Hostetler for a zone change from City CHANGE FROM 1-1 (LIGHT I-1 (Light Industrial) to City B- (General Business) for one INDUSTRIAL) -2 lot located on the east side of North Meridian Road (GENERALBUSINESS) approximately Soo Feet south of the interscctio . of North Meridian load and US Highway 2 Lest. The lot is approximately 13,900 square feet and is addressed as 173 North Meridian Road. The lot can be legally described as Lot x of the Walter Addition Amended Lot 2 and Lot 2 of the Amended Lot 1 of the Amended Mer*dian Complex located in Section 7, Township 28 North., Range 21 West, P.M.M., Flathead County, Montana. STAFF REPORT KZC-o - 1 Sean Conrad, representing the Ka s ell City Planni'ng Department reviewed staff report KZC0 -01 for the board. Conrad said before ore the plarn- ng board tonight is a zone change request on a small property approximately 14,000 square feet it size off of Meridian. Road that 1s currently zone. I-1 bight industrial. The owner is requesting B- 2, general business zoning whdch is consistent With the city's groom policy land use designation. Conrad reviewed the project site and surrounding land uses for the board. The property owner intends to convert the current car wash to parldng and add a second story for professional offices. Conrad added that professional offices axe not perrm*tted or conditionaRy perrm*tted in the 1-1 district which is ivy the request for the B-2 is before the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KZC--- 1 as C g of fact and reconunend to the Kalispell City Council that the omng for t property be changed to B- , General Business, Kalispell City Planning Board Minutes of the meeting of April 8, 2008 Page I of o ,4.r�g district. `here was discussion regarding a wholly surrounded piece of county property near this site. Conrad noted that the current property owner of the county tract intends to annex into the city and eider sell the property or redevelop it in the future. APPLICANT/ CONSULTANTS hone. PUBLIC ARING No one wished to spear and the public hearing was closed. MOTION Clark moved and Balcom sccond.ed a motion to adopt staff report KZC-o -o 1 as findings of fact and recommend to the Kalispell City Council that the zoning for this property be changed to B- , General Business zoning. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. GRILLEGRJILLEY ANNEXATION A request from Wayne Grilley for annexation and initial zoning of - (General Business) for two lots located on the east side of willow Glen Drive across from Glacier Toyota and just north of the intersection with US Highway 93 South. The two lots equal o.97 of an acre and are zoned in Flathead Counter as -1 (Suburban Residential). The property address 1s 1531 Willow Glen Drive and can be legally described a tracts 5AA and 5G located in Section 28, Tow-nshlp 28 North., Range nge 1 West, P. M . M . , Flat - head County, Montana. STAFF REPORT KA-- 1 Nicole Johnson,, representing the Kalispell Planning Department reviewed staff report KA- -o 1 for the Board. Johnson noted that this is a simple request for annexation and zoning. The property is located along Willow Glen Drive e and is currently zoned in the County as rural residential and is immediately adjacent to city B-2. Johnson reviewed the site and surrounding land uses. She noted there are 2 existing buildings which will be removed from the site to reduce the fire risk as no water currently connects to this property. Johnson stated the B-2 zoning conforms to the growth th ohcy land use designation. Staffis reconunending that the Kalispell City Planning Board and Zoning Commission adopt staff report KA - - 1 as findinga of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation by B-2 General Business, Clark asked where the water and sewer is located and Johnson responded. Clark asked the applicant where they plan to connect to the utilities and Wayne said it appears he will have to connect at the Four Comers intersection. Kalispell City Planning Board Minutes of the meeting of April 8, 2008 Page 2 of City of Kalispell Planning &Building Department o 1 " Ave Past, Kalispell, Montana 5 9901 Plamung `e epho .e: o 758-7940 Building Telephone: (406) 758-7730 Fax: o6) 758-7739 ' i e sit : www.kalispell.coni April 15, 2008 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Joshua Hostetler -- Zone change from 1-1, Light Industrial to -2, General Business zoning district Dear Jiro: The Kalispell City Pla mffig Board met on April 8, 2008 and held a public hearing to consider a request for a zone change from 1-1 to -2 for one property approximately 13,900 square feet in size and addressed as 173 North Meridian Road. The lot can be legally described. as Lot 1 of the Walter Addition Amended Lot 2 and Lot 2 of the Amended Lot 1 of the Amended. Meridian Complex located in Section 7, Township 2 North, Range 21 West, P.M.M. , Flathead County, Montana. Sean Conrad., of the Kalispell Planning Department, presented staff report KZC--o -o 1 providing details of the proposal and the evaluation. He noted that the proposed - 2 zoning district was compatible with surrounding land uses and also consistent with the Groff Policy which identifies the land as commercial. Staff recommended the board consider approving the zone change used on this and other facts determined in the findings of fact report. o one spoke either for or against the zone change at the public bearing. The board unani-mously recommended the council consider approving the requested zone change of -2 for the property. Please schedule this utter for the April 21, 2008 regular city council meeting. You may contact this board or Sean Conrad l at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board John Hinchey Nice President Attachments: Staff report # KZC-0 -o 1 and application materials Minutes of the 4/8/08 planning board meeting o ter/ Att: Theresa White, Kalispell City Clerk w/o Att:Joshua Hostetler 605 3rd Street Nest Kalispell, Montana 59901 2 JOSHUA HOSTETLER REQUEST FOR ZONE CHANGE FROM 1-1 TO B-2 STAFF REPORT KZC- - 1 KALISPELL PLANNING DEPARTMENT APB► 1, 2008 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a zone change for one lot approximately 0.31 of an acre in size from f-1 to B- 2. A public hearing has been scheduled before the Kalispell City Plying Board on April 8, 2008 beg'Lnnm*g at 7: 0 PM, to consider the zone change request. The Planning Board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFCATION: The owner is proposing to amend the Official KalispeR Zoning Map on his lot from the existing l-1, a hg t dustrial zoning district, to By- , a general business zoning district. The owner intends on converting an existing self serge car- wash into parldng stalls and adding a second story to the building to accommodate professional offices. The 1--1. zoning district does not permit or conditionally permit professional offices within the district. Therefore, the owner is reg nesting a zone change to B--2 which does permit professional office uses. This report evaluates the zone change request in accordance with Section _ o .020 of the Kalispell Zoning Ordinance. ce. A. Petitioner and Ovmers:Joshua Hostetler 605 3rd Street Vest Kalispell, Montana 59901 (406)2 -43 B. Location, size and Legal Description of Property* The property proposed for re oxung is located on the east side of North. Men*dian Road, a ro innately 500 feet south of the intersection of North Meridian Road and US Highway 2 Vest. The lot is apprwdmately 13,900 square feet and is addressed as 173 North Meridian Road. The lot can be legacy described as Lot 1 of the Walter Addition Amended Lot 2 and Lot 2 of the Amended. Lot 1 of the Amended Meridian Complex located in Section. 7, Tovmship 28 North, Mange 21 West, P.M.M., Flathead. County, Montana. c. fisting zoning: The property Is i.th�r city llrx its and is currently zoned, I--1, Light Industrial. The intent of the r- l zoning district Is to provide areas for light industrial uses that typically do not create objectionable c .aractex*stics (such as dirt, noise, glare, heat, odor, smoke, etc.), which extend beyond the lot lies. such light d.ustrial uses would include light manufactur g, processmg, fabn'cati n and assembling of products or materials, warehousing and storage and transportation facilities. D. Proposed Zoning: The - , General Business, zoning district has been proposed for the property. The -2 district is intended to provide areas for those retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial. amusement and recreational activities. This district would also serve the general needs of the tourist and traveler. The r ini- .ux lot size for the district is 7,000 square feet and the minimum lot width is 70 feet. setbacks in the front are 20 feet; in the rear are to feet; and on the sides are 5 feet. 2 E. Existing Land Use: Currently the property is developed with a defunct self sere oar wash. The address of the property is 13 North. Meridian road. F. Adjacent Lard Uses and Zoning: The area surrounding d.ing the subject property includes a variety of land uses M* cl xding a grocery store, professional office, and storage units. There is --2 zoning it ediateiy north, south, and merest of the project site. Across the street on the Direst side of North Meridian is a ear dealership which is also zoned B- . East of the project site is zoned - 1. North.. .. Grocery store, B-2 zoning East: Storage units, 1-1 on g South- Professional offices, B-2 zoning West: Car dealership/ retail businesses, B- 2 zoning G. General Land Use Character: The character along this section of North Meridian Read is predominately commercial with some professional office uses, North Meridian road, a minor arterial, has been constructed to accommodate this type of development. H. AvailabiRty of Public Services and Extension of seMces: Water and sewer services are located within the right-of-way along North Meridian Road. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by --2 - , M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by ' - 2-2 , 11 . .A. 1. Does the requested zone comply with the gKowth -p1icr The property is designated by the Kalispell Growth Policy 2020 as Commercial. Chapter 4, Policy 3 of the Growth Po .cy states that expansion of con=ercial districts is anticipated to occur as and a continuation of em�sting commercial areas to avoid the creation of new commercial district and leapfrog development. The proposed B-2 zoning is located M a developed area of the city in which the growth policy designation for the land is commercial. The proposed rezoning of the property to B-2 is consistent with policy 3 as it is an infffl project and continues an existing commercial area along Forth Meridian Road. . Is the requested zone designed to lessen congestion m the streets? Section 2' .1 -.0 to of the Ka spell Zoning Ordinance Mncl des as part of the intended purpose of the B-2 onm' g district, the district's proximity to major streets and arterials as one of the major factors in d.eterrrdning whether a. property should be zoned B-2 or not. The B--2 district should aiso be located in business corridors or in islands. The location of the project site is situated just off of North Meridian Road, a minor arterial roadway, within an existing commercial. corridor. The -2 oni'ng district permits a wide range of uses including but not limited to restaurants, auto sales and auto repair, car washes, recreation related retail and professional offices. There is an existing access onto North Meridian Road which will serge future development of the project site. Congestion will be addressed at the time development is proposed as the specific use would dcterr e levels of traffic generation. However, North Meridian Road would be capable of adequately serving additional traffic associated within a business zonmg district. 3. Will the requested zone secure safi-,ly from fire anic and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction wflI be required to be M compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available to the property and will be utilized.. . Will the re u sted zone promote the health and generalwelfare? 4 The requested zoning classification wiH prornote the health and general welfare y restricting lard uses to those which would be compatible with the adjoining properties and provides a place for named uses in the community. . Will the requested zone provide for ade uate li lit and air? Setback, , height, and coverage standards for development occurring on this site are estate .shed in the Kalispell Zoning ordinance to insure adequate light and air is provided. . Will the requested zone prevent the overcrowding .of land. s previously noted, this area has been anticipated for commercial development and since public water and sever are available to the area., the B-2 zones g designation is appropriate. The anticipated uses within the Commercial designation in the Kahspe . Growth Policy fall within hose permitted and conditionally perrm'tted in the proposed B-2 zoning designation.. All public services and facilities will he available to serge this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area.. This is not the case. . Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards wiU avoid the undue concentration of people at the time the propel is further developed. . Will the requested zone facilitate the adequate rovision of transportation, water, sewerage., _schools, parks, and other public requirements?M All pudic services and facilities are currently available or can be provided to the property. Development should be encouraged In areas where these services are available. . noes the requested zone give consideration to the particular suitability of the p `op rtv _for p cular uses. The proposed -2 or i .g district is consistent with the existing and anticipated land uses in the area, and gives due consideration of the suitability of the property for the permitted uses in the district. This area along North Meridian Road has become it .creasingly business oriented. The only hmit Lion on the site is that it falls within the 100 year floodpl.ain. However, the owner is aware of the building restrictions within the floodplam' and will be seeldng a floodplain permit for the proposed expansion of the esting structure on the site. New construction would be required to be reviewed and approved by the city's architectural review committee and all zoning regulations, building codes and fire codes reed to he complied with. 10. Does the reguested zone giye reasonable consideration to the character of the district? The general character of the area to the north and sot . is commercial retail and professional office development. The same type of development can be anticipated to occur on the property if the zone charge request is approved. 11. Will the proosed zone conserve the value of buildings. Value of the buildings in the area wil be conserved because the -2 zoning will promote compatible and like uses on this property as are found on other properties M the area. 12. Will the requested zone encourg e the most ro date use of the land throu t the municipality? Urban scale commercial development should be encouraged in areas where services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the growth policy and surrounding zoning in the area. RECOMMENDATION: Staff recommends that the KahspeH City Plarming Board and Zoning Commission adopt the findings Staff report KZC-- -1 and recommend to the Kalispe.11 City Council that the onm* g for this property be changed t -2, General Busf.ness, zoning district. 0 Amw City of Kalispell Planning Department 17 - 2ndStreet East, Suite 211, KaHspell, Montana 59901 Telephone: (o) 751-1850 Fax.- 0751-1858 PETITION FOR ZONING MAP AMNDM E T NAME OF APPLICANT: �-VSIVIVA/7/0*Jrr-0-- Az' MAIL ADDRESS: V. C' ITY S TATE/ ZIP INTEREST IN PROPEL: UV E-R PLEASE COMPLETE THE FLONG: A. Address of theproperty: wl rx-T 1 B. LegalDescription: Subdvlsion Name, Lot & Block and/or Tract Number (Section, 'township,Range) j mb !t L 7. Ao"t?.Li - tie ��F \� ~ • \ A( (Attach sheet for metes and bounds) C. Land i.n zone charge (ac) D. The present zoning of the above property is: r LI � t 'r 7L . The proposed zoning of the above property is: —j? - 2.. F. State the changed or changer g conditions that make the proposed amendment necessary: � �.aptsper*r a r —IL HOST WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE : A. Promoting the Grovtti Policy B. Lessening congestion in the streets and providing safe access AjJC-7-V7"-V6ROB 4s . Ar //*4, f /3&fW 7-47t4-Aj F-7_V7j. IL C. Promoting safety from fire, panic and other dangers & C r-22-2c 9�jb &- J '---7- Q- /.7Z- . Promoting the public interest, health, comfort, convem' ence, safety and general, welfare 4 RY WAV i E. Preventing the overcrowding of lard o - RI -%1 0' - L F. Avoiding undue concentration of population :r—% P44 - AID At—^ C±Z6 r% d- 6CC ?A 12 7' IkT-wroft4.. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities Fir,? 0 C 17- - 'T A-4 IZ xr-ow Ree- e' egoy �s 2 H. Giving reasonable consideration to the character of the district YV2iZc7vIq!-V 7 Z ! S L- Ass -f tic 4�"" z Z: Giving consideration to the peculiar suitability of the property for particular uses r 1 (/T7-L 4...rglam; . s 4�V�is — - i Protecting and conserving the value of buildings • �� r K. Encouraging the most appropriate use of land by assuring orderly groom The signing of this application signifies approval for Kalispell Planning staff to be present On e property for routine mo itoring and inspection during approval process. (Appli'CF'ant � , atore) ll.___ 2. ,Z�. o ,�7 (Date) 3 CERTIFICATION APPLICANT: Joshua Hostetler Zone Change FILE N: KZC--- 1 , the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners a oining the property lines of the property where a zone change has been requested.. Date: Tract Lot: Lot 1, Walter A d L2 & L2 A d Ll Meridian Complex A d Property Owners: Joshua Hostetler 605 - 3rd Street west Kalispell, MT 59901 AND ATTACHED MST Joshua Hostetler Near A.lbertson's} Inc. Morita �l� 5Park C Center Blvd. Chip, � 605 -� � ra feet west 157 North Meridian, Ste 109 Kalispell, MT 59901 P.O.20 � �� Boise I 3'Kalispell, ��' Roy 8& Carol Stanley Fmly Tr P.O. Box 314 Lakeside, MT 59922 Finish Line, Inc. Brandon Owens P.O. Box 7425 Kalispell, MT 59904 Meridian Industrial Park Ptners Roger Jacobson Montana Building t .sp Jim Thompson 157 North ri lian, Ste 109 157 North Meridian, Ste 109 Kalispell, MT 59901 Kalispell, MT 59901 City of Kallsell Attn: City Clerk P.O. Box 1997 Kalispell., MT 59903 K & B, LLC 160 - 8thAvenue WN Kalisp ell, MT 59901 Thomas 8. Rosea n Witham 56 v . Northvze r Loop Kalispell, MT 59901 No. 12854 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION April 8, 2008 The regular meeting of the Kalispell City Plan- ning Board and honing Commission is sched- uled for Tuesday, April 8, 2008, beginning at 7 p.m. in the NEW Kalis- pell City Council Cham- bers, Kalispell City Hail, 312 First Avenue East, Kalispell. The planr ing board will hold pudic hearings and tape public comments on the fofiow- ing agenda items. The Board will make a ,ac- ommendation to ;he"` a- lispell City ourYA, .tr ho will take final action. 1. A reguesZ fIom Joshua Hostetler for a zone change from (;3lty 1-1 (Light Industrial) to City B- (General Busi- ness) for one lot located on the east side of North Meridian Road approximately 00 feet south of the intersection of Forth Meridian Road and U.S. Highway West. The lot is approxi- mately 13,900 square feet and is addressed as 173 North Meridian Road. The lot can be le- gally described as Lot 1 of the Walter Addition Amended Lot 2 and Lot of the Amended Lot 1 of the Amended Meridi- an Complex located in Section 7, Township 28 North, Range 21 West, P.M. ., FlatheadCoun- ty, Montana. . A request from Wayne Grille+ for an- nexation and initial zon- ing of B- (General Business) for two lots located on the %ast side of Willow le{- Drive, across from 3lacier Toyota and just .forth of the intersectl,.,n with U.S. Highway 9 3 South. The two lots ea,jal 0.97 of an acre and are zon- ed in Platheac County as R-1 (Suburban Resi- dential). The property address is 1531 Willow Glen Drive -and can be legally described as tracts 5AA and 5G lo- cated in Section 28, Township 28 forth, Range 21 West, P .I . I., Flathead Coun- ty, Montana, Documents pertaining to the agenda items are on file for public inspec- tion at the Kalispell Planning Department, f 211d `street Fast, ,Il i , C-8di spell, MT S 901, arid are availa- bie 'or public review -curing regular Office hni irq Interested persons are encouraged to attend the hearing and make their views and con- cerns known to the Board. Written com- ments may be submit- ted to the Kalispell Plan- ning Department at the above address, prior to the date of the hearing, - or you may call us at o 1-180x or e- mail us at planning@ka- lisp,eli.com for additionai into tlon. Is/ Thomas R. Jent Thomas R. Jentz Planning Director March 23, 2008 STATE OF MONTA. A FLATHEAD COUNTY AFFIDAVIT" OF PUBLICATION RICHELLE M. BROUWER BEING DULY SWORD, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, FRD AND PUBLISHED IN TIDE CI STY OF KAISF, IN THE COUNTY OF FLATHEAD, STATE OF MO TANA, AND THAT NO. 12854 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF MARCH 23, 2008. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET" IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. ----------------------- Subscribed and swom to Be`, - Sao;'�. Y a�� f • 4 Dorothy Glen Ls Notary Public for the State of Montana Residing in Kalispell My commission expires l l 9