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2. Presentation - Annexation and Zoning - Randal DavisREPORT TO: Kalispell Mayor and City Council FROM: Sean. Conrad, senior Planner Jaynes H. Patrick, City Manager SUBJECT Randal Davis - Annexation and Initial zoning of R.-3, Urban Single Family Residential MEETING DATE: July 7. 2008 BACKGROUND: The Kalispell City Planning Board met on June 10, 2008 and held a public hearing to consider a request for annexation and initial zoning of R-3, Urban Single Family Residential, on one lot approximately 11,000 square feet in size. The property is located on the north side of shady Glen Drive approximately 300 feet east of the intersection of Shady Glen Drive and woodland Park Drive. The property address is 529 Shady Glen Drive. The property can be legally described as Lot 6 of Block 1 of Phillips Addition to Kalispell located within. section. 8, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana. Sean Conrad, of the Kalispell Planning Department, presented staff report #KA--08-02 providing details of the proposal and the evaluation. He reported that the proposed R-3 zoning district was compatible with surrounding land uses and also consistent with the Growth Policy which designated the area as urban residential. staff recommended the initial zoning of R-3 be approved based on this and other facts determined in the findings of fact report. At the public hearing, Mr. Davis, spore in favor of the proposed annexation and initial zoning and provided the board with why he was requesting annexation.. No.. other persons made public comments or were present to do so. The board briefly discussed the proposal and a motion was made to recommend the council approve the R-3 zoning 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 would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully sub ed, F 71 Sean Conrad Senior Planner Report compiled-, June 30, 2008 c: Theresa White, Kalispell City clerk James H. atrick City Manager Re: Randal Davis - Annexation. and Initial Zoning of R-3 , Urban Single Family Residential Dear Jinn: The Kalispell City Planning Board met on June 10, 2008 and held a public hearing to consider a request from. Randal Davis for annexation and initial zoning of R-3, Urban Single Family Residential, on one lot approximately 11,000 square feet in size. The property is located on the north side of Shady Glen Drive approximately 300 feet east of the intersection of Shady Glen. Drive and Woodland Parr Drive. The property address is 529 Shady Glen Drive. The property can be legally described as Lot 6 of Block 1 of Phillips Addition to Kalispell located within Section 8, Township 28 North, Range 21 West, P.M.M., Flathead county, Montana. Sean Conrad, of the Kalispell Planning Department, presented staff report #RA--08-02 providing details of the proposal and the evaluation. He reported that the proposed R-3 zoning district was compatible with surrounding land uses and also consistent with the Growth Policy which designated the area as urban residential. Staff recommended the board consider recommending the council approve the initial zoning of R-3 based on this and other facts determined in the findings of fact report. At the public hearing Mr. Davis spoke in favor of the proposed annexation and initial zoning and provided the board with why he was requesting annexation. No other persons made public comments or were present to do so. The board briefly discussed the proposal and a motion was made to recommend the council approve the R.-3 zoning for the property upon annexation to the City of Kalispell. The vote was unanimous. Please schedule this matter for the July 7, 2008 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell. Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Letter of transmittal Staff Report #KA-08--02 and supporting documents Draft minutes from the 6 / 10 / 08 planning board meeting Petition to Withdrawal from. Rural Fire District Randal Davis Cost of Services Analysis and Memo c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Randal Davis 227 Harmony Road Kalispell, MT 59901 REPORT TO: Kalispell Mayor and city Council FROM: Sean Conrad, Senior Planner SUBJECT: Cost of Services Analysis -Residential Annexation DATE: July 1, 2008 BACKGROUND: This is a cost of services analysis based on a request to annex the 11,000 square foot lot located on the north side of Shady Glen Drive approximately 300 feet east of the intersection of Shady Glen Drive and woodland Park Drive. The property address is 529 Shady Glen Drive. The property can be legally described as Lot 5 of Block 1 of Phillips Addition to Kalispell located within Section 8, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana. Once annexed to the City, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. This Cost of Services Analysis has been prepared as a residential annexation for residential land up to one-half acre and is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. 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 $1,484. Approximately $ 1,497 will be generated from assessments and taxes and a one time impact fee for sewer, stormwater, police and fire is estimated to be $4,101. Based on these estimated figures, the net revenue to the city would be approximately $13. Please refer to Exhibit A for more specific details on the calculations. Respectfully su ed, t Sean Conrad Senior Planner Analysis compiled: June 30, 2008 Attachments*. Exhibit A - cost of Services Analysis for Randal Davis c: Theresa White, Kalispell City clerk DAVIS ANNEXATION COST OF SERVICES ANALYSIS (RESIDENTIAL LAND OVER 112 ACRE) July 1, 2008 PROJECT DETAILS Number. of dwelling units proposed to be annexed: Estimated increase in population: Average square foot per lot. - Assessed value per property: 1. COST OF SERVICES Per capita costs based on increase in population: 2.2 Fire: $179 Police: $229 Administration: $34 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 = $1,484 2. ANTICIPATED REVENUE GENERATED Assessments based on average square foot per lot: 111000 Storm sewer assessment: $55 Street maintenance assessment: $122 Urban forestry assessment: $15 Light maintenance assessment: $33 Sewer and water bill: $447 TOTAL ANTICIPATED REVENUE = $672 3. TAX REVENUE Assessed value per property: $165, 000 Total assessed value: $1651000 Total taxable value: $51066 Total additional revenue based on 170 mill levy: $825 TOTAL ESTIMATED TAX REVENUE = $825 4. IMPACT FEES Sewer impact fee: $21433 Water system impact fee: $0 Stormwater impact fee $11092 Police impact fee $43 Fire impact fee $533 1 2.2 115000 $165,000 TOTAL ESTIMATED IMPACT FEE = $41101 SUMMARY 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $1 A97 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $47101 7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 + ITEM 3 - ITEM 5) $13 RAIy'DAL DAVIS REQUEST FOR INITIAL ZONING OF R-3, UPON ANNEXATION STAFF REPORT #KA-US- 2 KALISPELL PLANNING DEPARTMENT JUNE 3, 2008 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of R-3 upon annexation to the City of Kalispell. A public hearing has been scheduled before the Kalispell City Planning Board for June 10, 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--3, a Single Family Residential district, on an existing lot approximately 11,000 square feet in size. 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. A. Petitioner J Omer: Randal Davis 227 Harmony Road Kalispell, MT 59901 B. Location and Legal Description of Property: The property proposed for annexation and initial zoning is located on the north side of Shady Glen Drive approximately 300 feet east of the intersection of Shady Glen Drive and Woodland Park Drive. The property address is 529 Shady Glen. Drive. The property can be legally described as Lot 6 of Block 1 of P 'ps Addition to Kalispell located within Section 3, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. E2dsting Land Use and Zoning: The property proposed for annexation is located within the Phillips Addition to Kalispell, a 68-lot subdivision platted in the County in 1946. The current county zoning on the property is R-5, Two -Family Residential. This district is defined as "A residential district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Duplexes are allowed in this district." Permitted uses in this district are generally limited to residential uses. The conditionally permitted uses allow some non-residential uses but those are limited to churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf courses. The mini -mum lot size requirement of the County R--5 zoning district is 5,400 square feet. D. Proposed Zoning: The proposed R-3, Urban Single Family Residential, zone allows single-family residences and has a minimum lot size requirement of 7,000 square feet and a width of 60 feet. The proposed City R-3 district more closely reflects the existing single family residential nature of the area and intended uses for the property. E. Size: The area proposed for annexation and zoning contains approximately 11,000 square feet. F. Existing Land Use: A single-family dwelling is currently under construction on the property. The owner intends to hook the house up to city sewer upon annexation. G. Adjacent Land Uses and Zoning: The land use in the area is primarily single- family residential to the east, 'crest and south. There are several businesses to the southwest of the property along woodland Park Drive. The Conrad sports complex is north of the site. H. General Land Use Character: The general land use character of this area can be described as primarily residential with some commercial along woodland Park Drive. This area can also be described as being on the urban fringes of Kalispell with smaller lots immediately adjacent to the project site and larger rural residential lots south and east of the site. The Conrad sports complex is located north of the site and Woodland Park is approximately 400 feet to the crest of the site. N I. Utilities and Public services: All available public services and facilities are available to the owner however, the owner is extending a sewer main line from the intersection of Shady Glen Drive and woodland Park Drive apprw=* ately 350 feet east to the eastern boundary of the property. A sewer service line will be provided to the house currently under construction provided the property is annexed. The owner will still receive water from a private well already on the property. Sewer: City of Kalispell Water: Private well Refuse: city of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: Century'Tel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell, Police Department I. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 70-2-303, 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 corn-plycom-ply with the gEowth ohc ? The property is designated by the Kalispell Growth Policy future land use map as "Urban Residential" which anticipates residential development with a density of between 3 to 12 dwelling units per acre. Because the lot already receives water from a private well and the owner will be extending sewer to the site, the proposed R-3 zoning designation is in compliance with the future land use designation for the area. The proposed zoning is in compliance with the urban 3 residential land use designation which anticipates a mix of single-family and duplex dwellings. 2. is the requested zone designed to lessen congestion in the streets? Once the property is annexed, future development will be constructed to City standards. Traffic in the area will increase insignificantly. The requested zoning designation and subsequent 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. 3. will the requested zone securesafely from fire panic, and other dan ers? 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, crater 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 west side of woodland Park Drive. Upon inspection from the fire department, the fire department determined the existing hydrant could serve the lot requesting annexation if a fire were to break out on the property. 4. will the reguested zone promote the health and eneral 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 in the community. S. will the reguested zone provide for adequate light and air? 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 requested zone revent the overcrowding of land? As previously noted this area has been anticipated for urban residential development. water and sewer lines are located within the Woodland Parr Drive right-of-way making city densities and the proposed R--3 zoning designation appropriate. All public services and facilities will be available to serve this subdivision and the owner will be extending a sewer main line to serve the property. Currently this property is in the county jurisdiction. and is zoned R-S, Two Family Residential, but the owner will not have access to public sewer without annexation. 7. will the reguested zone avoid undue concentration of eo le? The allowable density for this property will decrease as a result of annexation. The current county zoning permits single --family domes and. duplexes. The R-3 zoning would limit the property to one home. Minimurn lot development V standards of the R-3 zoning district will, prevent the undue concentration of people at the time the property is developed. S. Will the requested zone facilitate the ade uate rovision of trans ortation water s ewes e schools arks and other public re uirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone 've consideration to the particular suitability of the Pro -Pert for particular uses? The proposed R-3 zoning district is consistent with the surrounding zoning and land uses in the area. The R--3 zone also gives due consideration of the suitability of this property for the permitted uses in the zoning district. 10. Does the re uested zone 've reasonable consideration to the character of the district? The general character of the area is urban scale residential development with e�dsting commercial lots to the west and south of the project site already within city limits. By assigning the property with the R--3 zoning district the development of this property will be consistent with the residential character of the neighborhood. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-3 zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the re uested zone encourage the most Mmol2riate use of the land throughout the m.unici ali ? Urban scale residential development should be encouraged in areas where services and facilities are available. In this case crater and sewer lines are approximately 300 feet west of the property. The proposed zoning is consistent with the growth policy future land use designation and is compatible with current county zoning in the immediate area. RE OM MNDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA--08--2 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-3, Urban Single Family Residential. 5 City of Kalispell Planning Department 17 - 2nd Street East Suite 211, Kalispell, Montana 59901 Telephone: (406) 75 1-1 8 5a Fax.: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: A )F1 YL Glgcr s MAIL, ADDRESS: 2, D, 7 J-/H r lYtcrYcK CITY/STATE/ZIP:- 5nzty i PHONE: INTEREST IN PROPERTY: 4::� .. . . ........... ... -- Other Parties of Interest to he Notified: PARTIES of INTEREST: MAIL ADDRESS: C ITYIS TATEIZIP : PLEASE COMPLETE TIZE FOLLOWING. - Address of the property: 5�2 q ,C (;,- / C. PHONE: Legal Description: i tu> (Lot and Block of Subdivision; Tract #) 4, 0,yL 7: (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): Lam" Estimated market value of property in existing condition and estimated values at 50% and 100% of develop mend: S5c> t bath The present zoning of the above property is: /�L' S The proposed zoning of the above property is: 11L - �) State the changed or changing conditions that make the proposed amendment necessary: cc Ma 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 a, uring Une 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 P etitioner(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. C.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 intent to have the property as herein described withdrawn from. the SOU-M l��S�'�LC.� Rural 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, pu�rC hasers, 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 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date lof annexation. .12 147 4 r -, � '- /' e Petitioner/Owner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona ode legal description of the property to be annexed. STATE OF MONTANA } ss County of Flathead County On this day of � , , L?���, before me, the undersigned, a Notary Public for the State of Montana, pers ally appeared 4-AIj Oft known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year . � certifi�ca�te( firs��t�ab�ov written. ���C.� • �ti--•-- �Nik O'� �;� `� Notary Public, State of Montana SEAL Printed Name �(G��Z� 1'(. Alula_K-Wi '.�CW Residing at 611Q310e-z,�.. My Commission expires: Lj) STATE OF MONTANA ) ss County of Flathead County On this day of 7 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 WITNESS WHEREOF, 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 1., before me, the undersigned, a Notary Public for The State of Montana, personally appeared and the 3 and respectively, of the corporation that e�ec-,ated the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WIHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, c tate of Montana Printed Name p Pe 4 ri i i-I rr n t J.�►1RJ1�.►t.lA i� �,.44 My Commission expires Randal Davis Annexation & Initial Zoning KA-0&02 Legal Description Lot 6 of Phillips Addition in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. CERTIFICATION APPLICANT: ndal Davis FILE No: KA-08-02 I, 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 adjoining the property lines of the property where an. annexation. & initial zoning has been requested. Date:����1 S.-T.-Re S�S- l Tract/Lot: Lot 6, Block 1, Phillips Addition to Kalispell Property Owners, Randal E. Davis 227 Harmony Road Kalispell, MIT 59901 AND ATTACHED LIST PLhNI1ING F(?R7'HE FUNRE MONTAACA JU Planning Department 241 1" Avenue East Kalispell MT 59901 Phone: (406) 758-7940 Pax: (406) 758-7739 www.kalis elLcoml 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 website at www.kalispell.com/planning. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ?.BONING COMMISSION June 10, 2008 The regular meeting of the Kalispell City Planning Board and zoning Commission is scheduled for Tuesday, June 10, 2008 beginning at 7:00 PM in the *NEW* Kalispell City Council Chambers, Kalispell City Fall, 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 the Flathead Valley Chemical Dependency Clinic for a Conditional Use Permit to locate a waomen's recovery facility within an existing single family home. The clinic will house a maximum of S women with one to two staff members present 12 to 15 hours of each day, seven days a week. When staff is not present the house will be monitored on a closed security system accessed by computer. The house is located at 87 Northern Lights Boulevard and the property is zoned R- 3 (Urban Single -Family Residential) which requires a conditional use permit for the proposed use within the district. The property can be legally described as Lot 7 of Block 1 of the Olson Addition, located in Section 12, Township 28 North, Range 22 West. 2. A request from Randal Davis for annexation and initial zoning of R--3 (Urban Single Family Residential) for one lot located on the north side of Shady Glen Drive approximately 300 feet east of the intersection of Shady Glen Drive and Woodland Park Drive. The property is approximately 11,000 square feet in size and is zoned in Flathead County as R--5 (Two -Family Residential). The property address is 529 Shady Glen Drive and can be legally described as lot 5 of block 1 of Phillips Addition to Kalispell located within Section S, Township 23 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 off -ice 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@kalispell.com for additional information. Randal E. Davis Jonathan S. Kitch Wood Victor & Barbara Andersen 227 Harmony Load 525 Shady Glen 544 Shady Glean. Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MIT 59901 Verna & Jerry Duncan Kenneth & Althea McGuire 520 Shady Glen Kalispell, MT 59901 Robert & Josephine Joy 532 Shady Glen Kalispell, MT 59901 Conrad Memorial Cemetery 641 Conrad Drive Kalispell, MT 59901 Frank DiVita P. C Box 1437 Kalispell, MT 59903 Cyndi Hurlbert 545 Shady Glean. Kalispell, MT 59901 Donald & Jeannie Nelson 42 Woodland Park Drive, #2 Kalispell, MIT 59901 City of Kalispell Attn: City Clerk 201 1st Avenue East Kalispell, MIT 59901 NOTICE OF PUBLIC HEARING KALISPELL CITY .PLANNING BOARD AND ZONING COM- MISSION June 10, 2008 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, June 10, 2008 beginning at 7:00 PM in the "NEW" Kalispell City Council Chambers, Kalispell ,City Hall, 201 First Ave- nue East, Kalispell. The planning board will hold public hearings and t� Ke public comments on °ne following agenda ite-: �s. The Board will male=- a recommendation to 1 ne Kalispell City Council who will take final fic- tion. 1. A request from the Flathead Valley Chemi- cal Dependency Clinic for a Conditional Use Permit to locate a wom- en's recovery facility within an existing single family home. The clinic will house a maximum of 8 women with one to two staff members pres- ent 12 to 15 hours of each day, seven days a week. when staff is not present the house will be monitored on a closed security system accessed by computer. The house is located at 87 Northern Lights Bou- levard and the property is zoned R-3 (Urban Single -Family Residen- tial), which requires a conditional use permit for the proposed use within the district. The property can be legally described as Lot 7 of Block 1 of the Olson Ad- dition, located in Section 12, Township 28 North, Range 22 West. 2. A request from Randal Davis for annex- ation and initial zoning of R-3 (Urban Single Family Residential) for one lot located on the north side of Shady Glen Drive approximate- ly 300 feet east of the intersection of Shady Glen Drive and Wood- land Park Drive. The property is approximate- ly 11,000 square feet in size and is zoned in Flathead County as R-5 (Two -Family Residen- tial). The property ad- dress is 529 Shady Glen Drive and can be legally described as lot 6 of block 1 of Phillips ,,Additiory to Kalispell to-, cated within Section 8, ' Township 28 North,` Range 21 West, P.M.M., Flathead Coun- ty, Montana. Documents: pertaining to the agenda items: are on file for public inspec- tiort at, the Kalispell Planning Bep_artment; 20 1,: F'frst. Avenue! East; Kalsell,: M_-: 599011 and: ate- available .for public... review:: during regular-nffica= hours. Interested persons are- encouraged to attend STATE OF MONTANA the. hearing -and make their -views and _ lithe terns: known to FLATHEAD COUNTY Board. Written � com... • menu -I may; be submit- ted-to the.Kaiispell Plan- AFFIDAVIT OF PUBLICATION ning. Department- at the above. address; : prior to the: date of .the- heanngI or you may,- call..'us-. at RICHELLE ROONEY BEING DULY 40.6: 75s-7 4o,, or g= mail us, at, planning @ ka G. SWORN DEPOSES AND SAYS: THAT SEE IS THE �iispeil.com. for- additional LEGAL CLERK. OF THE DAILY INTER LAKE A information: DAILY NEWSPAPER OF GENERAL CIRCULATION, Thorrtas�: R. J®nt� Thomas R n.] entz T PRINTED AND PUBLISHER IN THE CITY OF Planning, -& Building. Y,.ALISPELL, IN THE COUNTY OF FLATHEAD, Director - STATE OF MONTANA, AND THAT ND.13107 May 2 ;ems: LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR TLAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES Of May 25, 2008. AND THE RATE CHARGER FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SA v1E PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. 1• • Y ; ^ t..F.. Subscribed and sworn to . S t; .._ yy • ' Before me this May 27, 200$ d Dorothy Glen ss Notary Public for the State of Montana Residing in Kalispell My commission expires 9111I09