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1. Presentation - Annexation and Initial Zoning - Tom TonkinsonPLANNING FC3RTHE FUTURE` MOMANA L/ REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II James H. Patrick, city Manager PIanning Department 201 1'9' Avenue East KaUspe% MT 59901 Phone: (406) 758-7940 Pax: (406) 758-7739 www.kalispell.com/]plann!ng SUBJECT: Toni Tonkinson - Annexation and Initial zoning of R-4, Two --Family Residential MEETING DATE: August 4, 2008 BACKGROUND: The Kalispell city Planning Board met on July 8, 2008 and held a public hearing to consider a request for annexation and an initial zoning designation of R-4, Two -- Family Residential, on approximately one half acre of land. The property is located on the west side of Meridian Road between 5th and 6th streets west just north of the Foys Fake Road bend. The property is addressed 610 South Meridian Road and can be legally described as Tract 7ABBB located in Section 13, Township 28, Range 22, P.M.M., Flathead county, Montana. Tom Jentz, Kalispell Planning Director, presented staff report # KA-08-04 providing details of the proposal and the evaluation. He noted that the proposed R-4 zoning district was compatible with surrounding land uses. Staff recommended the board consider approving the initial zoning based on this and other facts determined in the findings of fact report. No one wished to speak at the public hearing and the board approved the requested initial zoning of R-4, Two -Family Residential, for the property upon annexation to the City of Kalispell. The vote was unanimous. RECOMMENDATION: A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning of R-4, Two -Family Residential, would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City council. Respectfully submitted, } Nicole C. John Jaynes H. Patrick Planner II city Manager Report compiled July 28, 2008 Attachments: Petition to Annex & Withdraw From Rural Fire District Tomk. Tonkinson Cost of Services Analysis Transmittal letter Staff report # KA-oS-o4 and application materials Draft Minutes 7 / S / oS planning board meeting c: Theresa White, Kalispell City Clerk July 28, 2005 Janes H. Patrick, City Manager City of Kalispell P.C. Box 1997 Kalispell, MT 59903 Re: Tom Tonkinson - Annexation and Initial zoning of R--4, Two --Family Residential Dear Jim.: The Kalispell City Planning Board met on July S, 2005 and held a public hearing to consider a request for annexation and an initial zoning designation. of R-4, Two -Family Residential, on approximately one half acre of land. The property is located on the west side of Meridian Road between 5th and 6th streets west just north of the Foys Lake Road bend.. The property is addressed 610 South Meridian Road and can be legally described as Tract 7ABBB located in Section 13, Township 28, Range 22, P.M.M., Flathead County, Montana. Toni Jentz, ,Kalispell Planning Director, presented staff report #KAA.-08-04 providing details of the proposal and the evaluation. He noted that the proposed R-4 zoning district was compatible with surrounding land uses. Staff recommended the board consider approving the initial zoning based on this and other facts determined in the findings of fact report. No one wished to spew at the public hearing and the board approved the requested initial zoning of R-4, Two --Family Residential, for the property upon annexation to the City of Kalispell. The vote was unanimous. Please schedule this matter for the August 4, 2005 regular city council meeting. You may contact this board or Nicole C. Johnson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Staff report #KA-08-04 and application materials Cost of Services Analysis for Tom Tonkinson Minutes of the 7/8/08 planning board meeting e wJ Att: 'Theresa White, Kalispell City Clerk e w/o Att: Toni Tonkinson Tonkinson Family Trust 169 Ritzrnan Dane Kalispell, Montana 59901 REPDRT TO: Kalispell Mayor and city council FROM: Nicole C. Johnson, Planner 11 SUBJECT: cost of Services Analysis for Torn Tonkinson DATE: July 28, 2008 BACKGROUND: This is a cost of services analysis based on a request to annex the subject property. The 20,000 square foot property is located on the west side of Meridian Road between 5th and 6th streets West just north of the Foys bake Road bend. The property address is 610 South Meridian Road and can be legally described as Tract 7ABBB located within Section. 13, Township 28, Range 22, P.M.M., Flathead county, Montana. Once annexed to the city, full city services will, be made available to the property owner. Note that only a connection to water has been requested at this time. A cost of services analysis is provided in the attached Exhibit A which details the anticipated costs to the city, revenues from assessments and taxes and impact fees associated with the property should the Council wish to annex it into the city. These numbers are based on a variety of assumptions and the information should only be used as a general. estimate. A complete and accurate calculation will be completed at the time a connection to water and sewer is requested and/or a building permit is applied for as the necessary information would be available at that time. CONCLUSIONS: cost of services for this annexation is estimated to be $1,512. Approximately $ 1,269 will be generated from assessments and taxes and a one time impact fee for water, police and fire is estimated to be $2,731. Based on these estimated figures, the annexation would cost the city $240. However, this figure does not reflect the city services, like police and fire, and road infrastructure that are already being provided to the property due to its proximity to the city boundary at no cost. Annexation of the property would recoup some of those costs and overall. benefit the city. Please refer to Exhibit A for more specific details on the calculations. Respectfully submitted, Nicole C. Johnson Planner 11 Analysis compiled: July 25, 2008 Attachments: Exhibit A - cost of Services Analysis for Torn Tonkinson c: Theresa white, Kalispell city clerk TOM TONKINSON COST OF SERFVICES ANALYSIS (RESIDENTIAL LAND OVER 1/2 ACRE) July 25, 2008 PROJECT DETAILS Number, of dwelling units proposed to be annexed: 1 Estimated increase in population: 2.2 Average square foot per lot: 20, 000 Assessed value per property: $8Z 500 1. COST OF SERVICES Per capita costs based on increase in population: 2.2 Fire: $179 Police: $229 Administration: $62 Solid Waste: $9 Costs per dwelling unit or Equivalent Residential Unit (ERU): I Roads: $426 Water: $198 Sewer: $108 Wastewater Treatment $167 Stormwater: $66 Parks: $78 TOTAL ANTICIPATED COST OF SERVICE = $1,512 2. ANTICIPATED REVENUE GENERATED Assessments based on average square foot per lot: 20,000 Storm sewer assessment: $100 Street maintenance assessment: $222 Urban forestry assessment: $27 Light maintenance assessment: $60 Sewer and water bill: $447 TOTAL ANTICIPATED REVENUE $857 3. TAX REVENUE Assessed value per property: $82, 500 Total assessed value: $821500 Total taxable value: $21533 Total additional revenue based on 170 mill levy: $412 TOTAL ESTIMATED TAX REVENUE = $412 4. IMPACT FEES Sewer impact fee: $6 Water system impact fee: $2,155 Stormwater impact fee $0 Police impact fee $43 Fire impact fee $533 TOTAL ESTIMATED IMPACT FEE = $2,731 SUMMARY 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $1,269 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $2,731 7. NET REVENUE TO THE CITY PER YEAR ( ITEM 6 - ITEM 1 ) -$243 TOM TONKINSON REQUEST FOR, INI'T'IAL ZONING OF R-4, UPON ANNEXATION STAFF REPORT #KA-08-04 KALI S PELL PLANNING DEPARTMENT JULY S, 2008 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of R-4 upon annexation to the City of Kalispell. A public hearing has been scheduled before the Kalispell City Planning Board for July 8, 2008 beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed. The planning board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION The applicant has petitioned for annexation and an initial zoning designation of R--4, a two-family residential district, on an existing lot appro=* ately one-half acre in size. Mr. Tonkinson was previously using water from wild Geese Gardens to water his lawn. Unfortunately, the commercial business can no longer provide him with water. Mr. Tonkinson is now requesting to connect to the city water main within the Meridian right-of-way to water his lawn and to do so his property needs to be annexed into the City of Kalispell. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section. 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2--4610, M. C.A. , Annexation by Petition. Petitioner 1 Owner: Torn Tonkinson Tonkinson Family Tru s t 169 Ritzman Lane Kalispell, Montana 59901 A. Location and Legal Description of Property: The property proposed for annexation and initial zoning is located on the west side of Meridian Road approximately 200 feet south of Fifth Avenue west and 250 feet north of the Foys Labe Road curve. The property address is 610 Meridian Road and is just east of Wild Geese Gardens. The property can be legally described as Tract 7ABBB located within Section 13, Township 28, Range 22, P.M.M., Flathead County, Montana. FIGURE 1. Photo of the property located at 610 Meridian Road B. Size: The area proposed for annexation and zoning contains approximately 2 0, 000 square feet. C. Existing Land Use and Zoning: The half acre property is currently developed and contains a large prefabricated budding approximately 20 feet by 50 feet in size, two covered storage areas each 12 by 24 feet in size and a metal shed approximately 12 feet by 12 feet in size. There are a number of mature pine trees on the property and a grass lawn. The property proposed for annexation is zoned in Flathead County as R--1, Suburban Residential. The district is intended "to provide estate -type development" in rural areas located away from concentrated urban development. These low density developments typically utilize wells and septic systems. Permitted uses include agriculture, nurseries, single family homes, parks, livestock, stables, etc. as well as a number of conditional uses that require a permit. The minimum lot size requirement in the R--1 zoning district is 1 acre. D. Proposed Zoning: The proposed City R--4, Two -Family Residential, zone allows single-family and two -unit duplex dwellings. Shops, garages and sheds are generally considered accessory and permitted in the zone given the structures meet the property development standards outlined in the zoning code. R-4 requires that lots be at a minimum 6,000 square feet in size with a minimum lot width of 50 feet. Setbacks are as follows: Front Yard: 15 feet Side Yard: 5 feet Rear 'Yard: 10 feet Side Corner: 15 feet Maximum building height is 35 feet and permitted lot coverage is 45 percent. The proposed zoning would continue the existing city R-4 zoning across Meridian Road to the east and to the north. E. Adjacent Land Uses and ?roving: The area proposed for annexation is on the boundary of the City of Kalispell and currently contains a mix of land uses. To the east, there are primarily single family and two --family dwellings that exist on tract land. wild Geese Gardens occupy the area to the west along with some other rural and residential land uses. Residential land uses also exist to the north as well as businesses. To the south, larger rural tracts of land are bisected by the meandering Ashley Creep. The proposed US 93 Bypass is planned to be located on the other side of the railroad tracks to the wrest. North: City Rr-4, Two -Family Residential, zoning South.: County R--1, Suburban Residential, zoning Bast: City R--4, Two -Family Residential, zoning West: County R-1, Suburban. Residential, zoning; BNSF railroad; F. General Land Use Character: The general land use character of this area is mixed commercial and small and large lots with residential and multi -family buildings. As the city grows, these rural, agrarian and industrial lands begin to transform and this is the case for this area. The area can be described as 2 primarily residential with some commercial uses along the old railroad line Like Wild Geese Gardens. Figure 2: Aerial photo of the project site and . surrounding area G. Utilities and Public Services: All available public services and facilities would be available to the owner. A crater main can be accessed from the Meridian Road right-of-way where stormwater drains are also located. The owner does not intend to connect to sewer at this time. However, should he decide to do so in the future, the closest main is between Fourth Avenue west and Fifth Avenue West approximately 400 feet north of the property. Sewer: Private (City services available) Water: Private well offsite (City services available) Refuse: City of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police D ep art7ment 3 I. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2--304, M. C.A. and Section 27.30.020, Kalispell Zoning ordinance. 1. Does the requested zone comply with the aowth -policy? Policy 1, Chapter 1 of the Kalispell Growth Policy directs the use of the growth policy as a guide for development within the city. The existing land uses, surrounding growth policy designations and past council actions on the appropriateness of land use make an R--4 zoning designation consistent with the growth policy's guidelines. The property is located in a transition area between industrial and urban residential. The property generally to the north is urban residential. The property east across Meridian is urban. residential. The property in question along with the abutting properties to the west and south are shown on the edge of the industrial classification. As discussed by the council last fall, this industrial designation is an old hold over from the days when the railroad was active to the merest and the O Neil mill site was an active lumber yard. Both those facilities are now gone and the overriding character of the area is residential. we will be working with the general neighborhood in the next year to re-classify this land to a residential or mixed use designation, much as we did with the Turner property last fall with the willow Creek project. 2. Is the requested zone designed to lessen con gestion in the streets? No changes to the property are currently proposed.. There is one access from. Meridian Road for the entire property. Should the property be developed in the future, any plans would be required to ,meet city standards. In that case, traffic in the area would increase from the existing use, but insignificantly. The requested zoning designation and potential development of the site will not lessen congestion in the streets in the area, but this level and type of development is anticipated to occur as development of the area continues. At some point, Meridian Road will need to be improved. 3. Will the requested zone secure safety from fire, panic, 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. All municipal services including police and fire protection, water and sewer service is available to the area or will be extended as part of the development of this property. There is an existing city hydrant on the northeast corner of Meridian Road and Sixth Avenue west. Upon inspection by the fire department, it was determined the existing hydrant could serve the lot requesting annexation if a fire were to break out on the property. 4 4. Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and providing a place for new housing m' the community. 5. will the reguested zone provide for a.de u.ate light and air? No further development of the property is proposed at this time. However, should the lot be developed at some point in the future, setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. will the re uested zone revent the overcrowding of land? Currently this property is in the county jurisdiction and is zoned R--1, Rural Residential. The proposed R-4 zoning designation would increase densities from what exists on the lot, but future development would be consistent with the existing and future planned developments surrounding the property. Water and sewer lines are located within the Meridian Road right-of-way making city densities and the proposed R--4 zoning designation appropriate. All public services and facilities will be available. The zone is not expected to overcrowd the land. 7. will the requested zone avoid undue concen.trati.on of people? The allowable density for this property is greater than the County's R--1, Rural Residential zone. While no development or subdivision plans were disclosed, the R-4 zoning would allow the 20,000 square foot lot to be subdivided into three lots given all zoning and subdivision requirements could be met. MirumuM lot development standards of the R-4 zoning district will prevent the undue concentration of people should the property be developed. 8. will the requested zone facilitate the adequate provision of trans ortation water, sewerage, schools arks and other public requirements? All public services and facilities are currently available or can be provided to the property. Development is encouraged in areas where these services are available. 9. Does the requested zone give consideration to the particular suitability of the roe for particular uses? The proposed R-4 zoning district is consistent with the surrounding zoning and land uses in the area. The R--4 zone also gives due consideration of the suitability of this property for the permitted uses in the zoning district. 10. Does the requested zone gLve reasonable consideration to the character of the district? The general character of the area is urban scale residential development with existing rural and industrial lots to the west and south of the project site. By ki assigning the property with the R-4 zoning district the development of this property will be consistent with the current trend of a neighborhood transitioning to urban residential. 11. will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R--4 zoning will promote compatible and Nike uses on this property as are found on other properties in the area. 12. will the re nested zone encourage the most appropriate use of the land throughout the rnunici ali ? Urban scale residential development should be encouraged in areas where services and facilities are available. In this case water and sewer lines are located in. the Meridian Road right-of-way. The proposed zoning is consistent with the majority of land uses and urban residential development in the area. Although. the Growth Policy identifies an industrial land use plan for this area, residential development would be better suited for the area due to its proximity to the city's urban core and the changing character of the area. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission. adopt Staff Report #KA-08-04 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation. be R--4, Two -Family Residential. Z City of Kalispell Planning Department 201 1"Avenue East, Kalispell, Montana 59901 Telephone: (406) 758-7940 Fax: (406) 758-7739 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT:owl MAII.. ADDRESS: /6 � ie CITY/STATE/ZIP: _9'�i INTEREST IN PROPERTY: Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: CITYISTATE/ZIP: INTEREST IN PROPERTY: PHONE : PLEASE COMPLETE THE FOLLOWING: Address of the property. - Legal Description: (Lot and Block of Subdivision; TractA� #} (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): Current estimated market value (IA�4&Jej at 50% build out at 100%build out Wj) The present zoning of the above property is: The proposed zoning of the above property is: 12"A: State the changed or changing conditions that make the proposed amendment necessary: C,OWLrt�+ 132 ±2 U, a,7&1 Jat�� - The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. (Applicant) (Date) Return to Theresa white Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION To ANNEX AND NOTICE of WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7--2-4610, M.G.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an int nt to have the property as herein described withdrawn from the S Z�k� #.,4- 4,0 '1 Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with., and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-473 6 prohibits the city from providing solid waste services to this property for a mini -Mum of S years from date of annexation. v' Petitioner/Owner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. 2 STATE OF MONTANA ) ss County of Flathead County On this 14da of -', before e, the undersigned, a Notary Public for y � ne� the State of Montana, personally peared f mac} 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 WITNESSWHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. 4 } r Notary Public, State of Montana UAL * � at�. � Printed Name J�'I( L4+OcI,4�:: A-1 - ji�D*E�SPA) �_�� ., -oct Residing at A-Q S P tf�L My Commission expires: STATE OF MONTANA ss County of Flathead County On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared 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 WITNE S S WT-IEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: STATE OF MONTANA ) ss County of Flathead On this day of , before me, the undersigned, a Notary Public for The State of Montana, personally appeared and , the g 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 WITNE S S WBEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires Tom Tonkinson Annexation & Initial Zoning KA-08-04 Legal Description A tract of land situated, lying and being in the SE 1/4 of the NE 1/4 of Section 13, Township 28 North, Range 22 West, P.M.P. , Flathead County, Montana, more particularly described as follows: Commencing at the East 1/4 corner of Section 13, which is a found rebar; thence N 26° 10'35" west a distance of 64.14' to a 5/ 8" rebar; thence N 01 '3939" East a distance of 97.75' to a 5/ 8" rebar and the True Point of Beginning of the tract of land being described; thence N 01 a39'40" East a distance of 74.50' to a 3 / 4" pipe; thence N 88°3549" West a distance of 2 56. 50' to a 5 / 8" rebar; thence S 02 °36'59" a distance of 82.74' to a 5/ 8" rebar; thence S 89° 18'10" East a distance of 47.00' to a 5 / 8" rebar; thence N 89018' 11" East a distance of 2 03.50' to the Point of Beginning; containing 0.46 acres more or less. Subject to all easements as shown and of record. CERTIFICATION APPLICANT, Tom Tonkinson/Tonkinson Family Trust FILE NO: KA-08-04 I, the undersigned certify that I did this date avail via First Class Mail a copy of the attached notice to the following list of landowners ad'oiniax the property lines of the property where an annexation & initial zoning has been requested. Date. S-T-R& 13-28-22 Tract/Lot: ?ABBB Property Owners. Tort Tonkinson Tonkinson Family Trust 169 Ritzman Lane Kalispell, MT 59901 AND ATTACHED LIST Tom Tonklnson Matthew & Gail W L H Tonkinsora. FamilyTrust aatt�. Lance � Jen.lfer ansol-�. 41$ Orchard Ridge P.G. Bow 7566 169 Rittman Lane Kalispell, MT 5 K NIT 4 Kalispell, MT 59901 p = 9901 Kalispell, 5990 p = The Villas, LLC David 8, Mary Rice Mick & Kristyn Morin 3 Meridian Court #3 511 South Meridian Road 1403 4thstreet West Kalispell, MT 59901 Kalispell, NIT 59901 Kalispell, MT 59901 Frances Nicholas Grace Waldum Revocable Ruth E. Johnson Arvilla Turner Inter-Vivos Trust Dorothy, Jon & Linz Peterson 615 Meridian Road. 520 South Meridian. Road 521 South. Meridian Road, # 1 Kalispell, MT 59901 Kalispell, NIT 59901 Kalispell, MT 59901 Robert Thomas Robert & Amy Morton Griggs Brian Yule A,D% Deb Deist 1422 Woodland Avenue P.O. Bow 341 � 11 West Valle Drive Kalispell, MT 59901 Kila, NIT 59920 Y Kalispell, NIT 59901 Keith Mall, Jr. Erin & Sarese Grant 1250 6th Street West 640 south Meridian Road Kalispell, MT 59901 Kalispell, MT 59901 PINING FOR THE ]`ARE 1000W19". P"61anning Department 201 1" Avenue East Kalispe 1, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kali ell. co ffl�lannin You are being sent this notice because you are either a property owner within 150 feet, or in the vicinity of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information or visit our we bsite at www.kalispell.com/planning. NOTICE OF PUBLIC HEARING KALISPELL CITE''' PLANNING BOARD AND ZONING COMMISSION July S, 2008 The regular meeting of the Kalispell city Planning Board and Zoning Commission is scheduled for Tuesday, July 8, 2008 beginning at 7:00 PM in the *NEW* Kalispell City Council Chambers, Kalispell City Ball, 201 First Avenue East, Kalispell. The planning board will hold public hearings and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request from Tom Tonkinson for annexation and initial zoning designation of R-4 (Two -Family Residential) on an existing lot approximately one-half acre in size. The property is currently developed and contains a prefabricated building, two covered storage areas and a metal shed. Mr. Tonkinson is interested in connecting to municipal services to water his lawn and the mature pine trees on the lot. The property is located on the merest side of Meridian Road approximately 200 feet south of Fifth. Avenue west and 250 feet north of the Foys Lake Road curve. The address is 610 South Meridian Road and can be legally described as Tract 7ABBB located within Section 13, Township 28, Range 22, P.M.M., Flathead County, Montana. 2. A request from Northwest Healthcare corporation for a conditional use permit to locate the Kid Kare program, a day care center for infants and toddlers under the age of two, in the north half of the building located at 200 Conway Drive. The building sits on top of the hill in the northeast corner of the US 93 and Conway Drive intersection and is part of the H-1 (Healthcare) zoning district. with the exception of a play area fence and business signs, changes will be primarily to the interior of the building. The property can be legally described as Lot 1, Resubdivision of Kalispell Medical Arts Addition No. 35, Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 758-7940, or e-mail us at planning cbkalis ell.com for additional information. NOTICE OF PUBLIC subdivision of KalispeYE Medical Arts Addition HEARING KALISPELL CITY No. 35, Section 6,= Township 28 North, PLANNING BOARD Range 21 vVest, 15E AND ZONING COM- P.M.M., Flathead Coun� MISSION ty, Montana. July 8, 2008 The regular meeting of Documents pertaining;..A to the agenda items are ;n the Kalispell City Plan- .:� on file for public inspec- ning Board and Zoning Lion at the Kalispell.- Commission is sched- Planning ❑epartment;a uled for Tuesday, July 201 First Avenue East, =�9y 8, 2008, beginning at Kalispell, MT 59901-2.' 7:04 P.M. in the new and are available forty Kalispell City Council public review during Chambers, Kalispell regular office hours. 3 City Half, 201 First Ave- nue East, Kalispell. The Interested persons are: planning board will hold encouraged to attend public hearings*and take the hearing and make public comments on the their views and con - following agenda items. terns known to the The Board will make a board. Written com-, recommendation to the ments may be submit - Kalispell City Council ted to the Kalispell Plan - who will take final ac- ning Department at the:,: tion. above address, prior to the date of the hearing."', 1. A request from Tom or you may call us ate Tonkinson for annexa- (400) 758-7940, or eT.47L tion and initial zoning mail us at planning@ka- ; designation of R lispell.com for additional (Two -Family Residen- information. tial) on an existing lot approximately one-half Ise Thomas R. Jentz acre in size. The proper- Thomas R. Jentz is currentl tY Y developed Planning & Building and contains a prefabri- Director#: cated building, two cov- ered storage areas and. VALLEY RANCH 'f a metal shed. Mr. Ton- PLANNED UNIT DE- kinson is interested in �ELOPMENT WORK ::5 connecting to municipal SESSION services to water his lawn and the mature A work session will be- pine trees on the lot. held immediately follow The property is located ing the regular meeting %," on the west side of of ,Tuesday, July 8,;qe Meridian Road approxi- 2008 to discuss a pro mately 200 feet south of posed planned unit dew Fifth Avenue West and velopment (PUD) zon- 250 feet north of the ing district known as>;11 Foys Lake Road curve. Valley Ranch. The PUD The address is 610 proposes a mix of 278 .. South Meridian Road single-family, town - and can be legally de- house and condomini- scribed as Tract 7ABBB urn units and an assist - located within Section ed living complex on an -� 13, Township 28, Range 80,6-acre site. The: 22, P.M.M., Flathead property lies on the east - County, Montana. side of Highway 93, ap- proximately 1112. miles 2. A request from north of the intersection-1 Northwest Healthcare of Highway 93 and West - Corporation for a condi- Reserve, directly south tional use permit to lo- of the Ponderosa Subdi- cate the Kid Kare pro- vision. work sessions -3 gram, a day care center are open to the. public., for infants and toddlers and are intended to in-. under the age of two, in form the planning board: ` the north half of the and interested public on building located at 200 the project. No deci_ N Conway Drive. The sions will be made at building sits on top of this meeting. A public, the hill in the northeast hearing for the pro - corner of the U.S. 93 posed Valley Ranch and Conway Drive inter- PUD is currently sched- section and is part of uled for the Kalispell the H-1 (Healthcare) City Planning Board and: zoning district. With the exception of a play area Zoning Commissio .� , fence and business meeting on Tuesda august 12, 2008 be Y.9 9 signs, changes will be primarily to the interior -ning at 7:00 P.M. in the zp of the building.The NEW Kalispeli City Council Chambers, Kam lispell- City Hail, 201.. First Avenue East, Ka_ " lispell. June 22, 2008 STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. I--5_ZJ0Y Z 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 . �. Z2 '.00 ly 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 sworn to Before me this , 12008 'S4 4 Dorothy Gle oss Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/09 R-3 Ili FILE#� AQ PIAT DATE 5/20/08 �lri - 0 (� - 0 4 H:\gis\site\ks08_04 Tonldnson.dwg