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05. Resolution 5088 - Annexation - Luther FrenchFROM SUBJECT hMETENG DATE: City of Kalispell Planning Department 7- 2nd Strom East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax* (406) 75 W s t : kalispe pla Mg.com Kalispell Mayor and City Council Thomas R. Jentz, Director James H. Pat -Tick, City Manager Luther French - Annexation and Initial Zoning of R -2, Single Family Residential, 1624 Woodland Avenue February 6, 2006 BACKGROUND: This is a request by Luther French for annexation and an initial zoning designation of -2 , Single Family Residential, on approximately I acre. The property is located at 1624 Woodland Avenue between. South Woodland Drive and Willow Glen. It is the intent of the property owner to create one additional lot through boundary line ad, ustment and then connect both the existing lot and residence and the new lot to city water. City Sewer is not currently a a- la le. The Kalispell City Planning Board met on January 10, 200and held a public hem to consider the request. Staff evaluated the proposed zo m* and recommended mer ded nitlal zoning of City R- 2 , Single Family Residential, based. on the surrounding city zoning and the Kalispell Groff Policy. Luther French, the owner spoke in favor of the proposal and made himself available for questions. 'here was no one else at the public hearing to speak either in favor or in opposition to the proposal.. After the public hearing and board discussion a motion was made and passed unanimously to forward a recommendation that initial zoning for this propel should be R- 2, Single Family Residential, upon annexation. RECONMMNDTION: 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: Positive ' acts once fly developed, MP LTERNA NES: s suggested by the City Council. Luther French Annexation January 25, 2006 Paget Respectfully submitted, Thomas R. Jentz Director Report compiled: January 16, 2006 Attachments: Cost of Services Report Theresa ate, Kalispell City Clerk James Patric City Manager RESOLUTION No, 5088 A RESOLUTION To PROVIDE FOR THE ALTERATION of THE BOUNDARIES of THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY SCRIBE ON "EXHIBIT A"', LOCATE IN SECTION 175 TOWNSHIP 28 NORTH, R GE 21 WEST, P.M.M., FLATHEAD COUNTY, MO TAN , To RR KNOWN AS FRENCH ADDITION No. ' , To ZONE SAID PROPERTY IN ACCORDANCE WITH THE KA ISPELL ZONING ORDINANCE, AND To DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Father L. French, the owner of property located on the south side of Woodland Avenue between. South Woodland Drive and Willow Glen, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning epartment has made a report on French's Annexation Request, KA-o - 9, dated December 23, 2005, and WHEREAS, the Kalispell City planning Board and Zoning Commission recommended .ded that the territory be zoned City R-2, Single -Family Residential, on approximately orie acre upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property m accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED Y THE CITY COUNCIL OF THE CITY of KALIS E L AS FOLLOWS: SECTION I. That all the :real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as French Addition No. 375. SECTION 1I. Upon the effective date of this Resolution, the City Clerk is directed. to make and certify under the seal of the City, a copy of the record of these proccedings as are entered on the minutes of the City Council eil and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its ei.ti ens and property shall be subject to all debts, laws and ordinances and regulations In force in the City of Kalispell and shall ' e entitled to the same privileges and benefits as are other parts of the City. SECTION 11I:. The territory annexed. by this Resolution shall be zoned In accordance w1th the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND .APPROVED BY THE CITY COUNCIL AND STGNED BY THE MAYOR OF THE CITY OF KALIS EL , THIS 6TH DAY OF FEBRUARY,, 2006. ATTEST: ........... Theresa White City Clerk Pamela B, Kennedy Mayor Exhibit A . tract of land located in the east half of the southeast quarter of Section , Township 28 North, Range 21 West, P;M.M„ Flathead County, Montana, and being a portion of lot 32, Block tree acres and more particularly described as follows - Commencing at the northeast corer of Tract I of Certificate of Survey Number 10069, Records of Flathead County, and whIch point is the true point of beginning; Thence S 6 1 ' 9"1, on and along the southerly boundary ofWoodland ,avenue, a distance of 7 5.49 feet to a set " re -bar; thence So ° '22" , and leaving said southerly boundary, a distance o 175.21 feet to a set "' re -bar; thence N 3 7 ' 2 2"W, a di stance of 112.8 9 feet to a set " reb ar; thence No ° '1 "W, a distance of 103.41 feet to a found " .ire -bar; thence N2 3°2 ' " , a distance of 1. 9 9 feet to a set 518 " reb a ; thence NO 0' '3 , a dista .ce of 11.2 feet to a set 5 �5 rebar; thence S °25' 1 '' , a distance of 4.78 feet to a found 2" re -bar; thence N23 ' " , a distance of 2.47 feet to a found 3 " iron in; thence N23'31'5 5 " , a distance of 1.00.31 Feet to the true point of beginning. AND A tract of land located in the east half of the southeast quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and being a portion of lot 32, Block tree acres and more particularly described as follows; Commencing at the northeast comer of Tract I of Certificate of Survey Number 10069, Records of tat ead County, thence S 6 1 ° 19 ' 42 " , on and. along the southerly boundary ofWoodland Avenue, distance of 75.49 feet to a set 5 " re -bar; and which point is the true point of beginning; Thence continuing S 1° ' 2''E, on and along said southerly boundary of Woodland Avenue, a distance of 19.49 feet to a found '' re -bar; thence S ° ' "E, continuing on and along said southerly boundary, a di stance o f 17.38 feet to a found 8"7 re -bar; thence S ' '2 "E, and leaving said southerly boundary, a distance of 2 63.11 feet to a found 5/8 " re -bar; thence N8 11 " "W, a distance of 145.16 feet to a found " re --bar; thence NOVI I' 1 "W, a distance of 104.52 Feet to a set 8" re -bar; thence S8 0 "22"E, a distance of 11 .89 Feet to a set 5 " re -bar; thence NO8 '22"'W", a distance of 175.21 feet to the true point of beginning. KA-- 1 Luther redo , tin Cast of Services Analysis (Residential) Once annexed to the City, full city services wiR be made available to the property owner. Any necessary infrastructure associated with this development ent 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. Note that Woodland Avenue ue is already developed. City sewer is not available to this site at this time. The applicant wifl extend at his cost, a waiter main from Lehi Lane to both lots. No additional street or sewer main work is proposed. Number of Dwelling Ur is 12MRosed to be annexed 2 single farfy houses Estimated ated Increase in P ulatao : (based on US Census Figure of 2.2 per household) 5 Cost of Services Per capita costs Fire: $. per person per year. Additional costs to the fire department .t 5 x $ 344 • Police. $110 per resident per year. Additional costs to the police department 5 X 110.00 $ 550 • d.mi stration: $39.48. Additional cost to ad.rrdm*stra.tion 5 x 39.48 197 Solid Waste: Additional cost to solid waste (none e for five years) � $ o Lineal _ Feet Costs: Lineal feet - No new roads, serer or water mains) Roads: $1,14 per unreal foot Additional cost in road maintenance ice o x 1 # 1 $ o Water: $3.44 per lineal Foot Additional cost M grater line maintenance r tenance too x 3.44 $ 344 • sewer: $5.50 per lineal foot Additional ona.l cost m sewer mamtenarrce o X 5.50 $ o Storm serer ma ntenance costs; Average Square foot per lot - 21,800 No. of ur is x square foot x 0,,004018 2 x 21,800 x $0.004018 � 175 1 Total Antici tedCost of Services. Anticipated Revenue Generated Assessments based on gq,uare foo vera e sguare feet per lot: 2 ,800 • St rn sever assessment $0.00323 per square foot Revenue from storm sever assessments 2 x 21, x $0.004018 $ 175 Street maintenance assessment $0. per square foot Revenue from street maintenance assessments 2 2 l , x $ . 1 1 - $ 440 + Urban forester assessment $0.00135 per square foot Revenue from urban forestry assessments 2 x 21, x $0.00135 59 Special Assessments: There are no special assessments. Genet revenue: • Assessed value per property: $175,000/house Total assessed value: 2 x 175, = $ 350X0 'dotal taxable: 350,000 x 0.03543 = $ 12,400 "fetal additional ea eral revenue based on 170 tniH levy: $12 400 x 0. 170 $27108 Tom Revenue Generated to the City $ 2,782 NET ADDITIONAL ANNUAL REVENUE TO THE CITY* jL2 NOTE: This information is based upon assumptions regarding uAvaluations and does net take into consideration the build -out time or changes M methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS KA05-19 FRENCH COSTOFSVCS N City of Kalispell Planning Department Strom East', Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 .fax: 6) 751-1858 W e . t e: kal s an Mg. com January 25, 2006 James H. Patrick, City Manager City of Kahs ell P.O. Box 1997 Kalispell, MT 59903 e: Luther French - Annexation and Initial Zora*n f R-2 Single Family Residential, 1624 Woodland Avenue Dear JIM, The Kalispell City la nm' Board met on January 10, 2006 and field a. public hearm to consider a request for annexation and an initial zoning designation of R -2, single Family Residential, on approximately acre. The propel is located on the south side e f Woodland venue between South Woodland Drive and Willow Glen. It is the intent of the property owner to create one additional lot through a boundary line adjustment ent and then connect both the e,�sting lot and residence and the new lot to city water. City serer is not currently a wda le. Tom Jentzthe Kalispell Planning Department presented staff report KA- 5- f 9 evaluating the proposed. zoning. Staff recommended initial zoning of City R- 2, single Family Residential, based on the surrounding city zoning and the Kalispell Growth Policy. Luther French, the owner, spoke in favor of the proposal and made himself available r questions, There was no one else at the public . an*ng to speak either ire favor or In opposition to the proposal. After the public hearm*g and board discussion a motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R- 2, Single Family Residential, upon annexation. Please schedule this matter for the February 6, 2006 regular city council meeting. You may contact this board or Torn Jen.tz at the Kalispell Plarming Department if you have any questions regarding this matter. Luther French Annexafion Janes 25, 2006 Page Sincerely, Kalispell City Planning Board George Taylor President GT/TJ jma Attachments: Staff report #KA-05-19 and application materials Minutes of the planning board meeting w/ .Att; Theresa White, Kalispell City Clerk c w/o Att; Luther French, 1560 Lehi fie, Kahspell, MT 51 LUTHER 1, FINCH ''QUEST FOR MTV ZONING OF R-2 UPON ANNEXATION KALISPELL PLANNING DEPARTMENT STAFF REPORT KA-05-19 DECEM33ER 23 25 report to the Kalis e , City Planning Board and the KalispeH City Council regarding the it 'tiai zoning of R-2 upon annexation to the City on property on the east side o Kalispell along Woodland Avenue. A public hearing has been scheduled before the planing board for January 10, 200 e inn;'nn;ng at 7:00 PM in the Kahs ei . City Council Chambers. The planning board will forward and a recommendation to the Kalispell City Council for final action. BACKGROUND IWR,AN This report evaluates the appropriate assignment of a City zonm* classification in accordance with Section 27.03.010 of the Kafis ell Zoning Ordinance. The property owner has petitioned annexation and initial zoning classification ofR-2, a. Single Family Residential district. The request includes 5 sr au tracts of land that jom*tly front on South Woodland* The owner is in the process of adjusting propel des on this one acre holding for the pose of creating two approximate 1/2 acne residential lots. Because the future lots fall Below the nu'nu'num one acre sip for an on -site septic tank and well, the owner is required to seek City sem'ces pfior to re-creating the lot limes. The property is currently in the County zonimg jurisdiction and is zoned County R-2, a Suburban Residential district. This property wiH be sexed under the provisions of Sections 7-2-4601 through '-2 -46 10, M. C. A., Annexation by Petition. A. Petitioner and vx rs: Luther L. French 1560 Lehi Lane Kalispell, MT 5 901 (406) 52-o Technical distance: Jackola Engineering & Architecture, P.C. James Burton, R.L.S. P.O. Box 113 Kalispef., MT 03- l 13 (406) 5-32o B. Location and Legal Description of Prpe The propel proposed for annexation lies on the south side of Woodland Avenue between South Woodland Drive and Willow Glen. The address is 1624 Woodland Avenue. It can be described as Assessor's Tract 6BA, 6HA, 6HB, 6HBA and Lot 32 , Block 1 o Green Acres M Section 1 , Township 2 8 North, Range 21 Nest, P. M. M., Flathead County, Mortara. C, sting zoning; The property is currently in the County zoning ur sd .ction and is zoned R-27 Suburban Residential. The Suburban Residential district has a lrilr=um. lot size of 20,000 square feet and is intended to encourage large tract residential development in suburban areas served by ether sewer or water. D. Proposed Zoning: city R-2, Single -Family Residential, has been proposed for the property. The �� zoning district ri�arly age residential zone with . . m lot siws of 9,600 square feet and a minimum .m lot width of 70 feet with. setbacks of 20 feet in the front and rear and. ten feet on the sides. E, Size: The area proposed for vexation and zoning contains approamately I acre. F. meting Land Use: The property contains a. si .gle family residence. Cy there is a proposal to create an additional developable single family flag lot on this site using a boundary line adstmet. G. Adjacent Lard Uses and Zoning; The it .rrrediate area is characterized by single- family homes with a group home n' =ediately to the merest. To the rear of this site (southwest) lies a--l.ex. North: Single-family homes; County R-2 zoning East. Single -fly homes; County R-2 zoning South: Single family homes and a - lex; City R -2 zoning. West: Single family homes; City R-2 zonimg H. General Land Use Character: The entire area can be described as a stable primarily single family residential area on the east side of Kalispell. The immediate area is characterized by single-family homes on urban sized lots to the crest and south and single fly hoaxes on slightly larger rural lots to the cast and north. Availabfflty of Pub and pension of Sew : Public services, including City water and sew r i are currently provided to this site in Lehi Lane. The site is also within the immediate service area of the City police and fare duets. VALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewmg a. change in zoning is set forth by 76-2-2o5, M.C.A. .findings of fact for the zone change request are discussed relative to the itemized cnteria described by-2-203, M.C.A. 1. Does the requested zone cow 1 'th the Master flair . The property is designated a.ted by the his ell Growth Policy 2020 as "Urban Residential" which is der cd as anticipating acing four to 12 dweUings per acre. Because of the availability for the provision of public waiter and sewer to the site, the proposed R-2 zonffig designation is in comphance with the growth pokey designation. Because of the configuration of this property and the existence o an e�dsting residence, only one additional lot could be created* This density would be in keeping with the plan designation. 17 2. is the reguested zone designed to lesser . cox estior i the streets? The proposed. zoning � allow the number of weg units to double on this however the net increase is only one additional dweRing whichwI have _l impact on the transportation system.. Woodland is designated as a r i-nor arterial and capable of handling the raffiima m creas e in the traffic, 3. WiR the requested zone secure safe is and other dangers.)rr11 Adequate access and public facilities are available to the site in the case of a emergency. There are no features related to the property erty rhic would compromise the safety of -the public. New construction will be required to be i compliance with the building safety codes of the City which relate to fire and. hull .l safety. All municipal services including police and fire protection, grater and sewer service is available to the property and wifl be utihzed at the time another lot is created in the future. . Will the requested zone promote the health and Reneralwelfare? The requested zoning classification will promote the health and general welfare by restricting lands uses to those which would be compatible with the adjoining properties and provides a plaice for new hou.sm M the community. r. 5. Will the re roe for adequate �n air:l Setback, height, and coverage standards ds for development occurring on tWs site are established i the Kalispell Zonm'g Ordinance to m' sure adequate light and air is provided. 6. Will the requested zone revert the o ercrowdin of land? As previously noted this area has been anticipated for residential e el.opment and since public water and surer are available to the area the urban land use designation is appropriate. The anticipated density generally falls within the proposed. R-2 zoning designation. All public services and facilities will he available to serve this property. An overcrowding of land would occur- if infrastructure were inadequate uate to accommodate the development `el.opment in the area. This is unlikely to occur. . Will the requested zone avoid undue concentration of eo le Mimimum lot standards s and use standards as well as subdivision development .t standards s will avoids the undue concentration of people at the time the property is further developed. . Will the requested zone facilitate the adequate provision of transportation, waiter, Si e schoois arks and other u lic requirements? AU 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. . Does the EMuested zone 've consideration to the articular sLdtability of the property for particularuses? The proposed. -2 zoning district is consistent with the surrounding zoning and .and uses in the area and gives due consideration of the suitability of this property for the err tted uses in the district. 10, Does the requested zone 've reasonable consideration to the character of the district? The general character of the area to the west and south is urban sized lots for residential -development. .e same type development ors. slightly larger lots occurs to the east and north. 1. Will the, prgposed zone conserve the value of buildings? s Value of the buildings n the area -MIl be conserved because the R-2 zoning will promote compatible single family uses on this property as are found on ogler properties in the area. 12. Will the requested zone enco ra e the most a ro h'ate use of the land throes out the ..nic. a. Urban scale residential development sho 1d be encouraged in areas were services and .faci .ties are available such as is being proposed on this parcel. The proposed zoning is consistent with the Groff Policy and surrounding zoning in the area. REC MWATI Staff recommends that the Kalispell City Planning Board and. Zoning Commission adopt Staff Report #KA-05-19 as findings of fast and recommend to the Kalispell City Council that the %nit aJ zoning for this property upon annexation be r - 2, Single -Family Residential, Tj REPORTS KA KA05-19 FRENCH.DOC 4 pity of Kalispell Planning Department 17-2 nd Street Easy Suite 2 11, Kie, Montana Fax: t -1 PETITION FOR ANiNTXATION AND NLNG NA.Nffi OF APPLICANT. Maa, a.vnREss: 4 CITY/STATE/ZIP: � 1�/. (�S �r� t� (— ;, Zo PHONE: INTEREST IN PROPERTY: Other Pales of Interest to be Notified: PARTIES OF INTEREST: MAIL RESS: CITY/STATE/ZIP: PHONE INTEREST" IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the property /i JU D o4 Legal Description: ' x 4�' (Lot and Bieck of Subdivision; "ra t 9) �,P, (Section, Township, Range)(Attach metes and bounds as Exhibit A) Land in project e 4::�- '� - °F The present zoning of the above propel is: The proposed zoning of the above property is: State the charged or changing conditions that make the proposed amendment necessary: The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further Grants re l for Kalispell tannin ' sta t e present the propel .r..rtzne inspection during the annexation process. 770! (Applicant) /(D ate ) Return to Theresa White Kalispell City Clerk P.O. Box 199 Kalispell, MT 53 PETITION TO ANNEX .AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council o the City of Kalispell for vexation of the real property described below into the City o Kalispell. ThePetitioner(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 de c ed herein on substantially the same basis and ire 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 vexation Service Flan 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. ThePetitioner(s) further herein express an intent to have the property as herein described withdrawn from the A&jX,..�, Rural e District under the provisions of Section -33- 127, Vor to .a Code Annotated; and that incorporated into tWs Petition to Annex is the Notice requ eme t pursuant to said Section.; and that upon proper adoption o are ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall he detracted fTom said district. Ln the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and he bindi g upon the title of the said real property, and shall be binding upon our heirs, asips, successors in interest, purchasers, and any and all subsequent holders or owners of the above deser' ed property. This City hereby agrees to allowPetitioner(s) to connect and receive the utilities from the City o 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 sees to this proper for a mininnum of 5 years from date of vexation. '-petitioner/Owner Date }+ Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description o the property to be annexed. 2 STATE OF MONTANA ) ss County of Flathead County On this � ��Of� � � , dOO!';' be&re me, the undersigned., a Notary Public for the State of Moto a, .personally appeared Ld rHc--,k- L known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me thathe/she executed the same. IN WIG S WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in t ' certificate first above written. d � Notary Public, State o Mtaa 2 � '`` �tcr W, -,� Residing at -� UV e /Ll) �� My Commission expires: —,5?Z 0 STATE OF MONTANA ) 5S County of Flathead County On this day o , 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 in trmne t and acknowledged to me that he/she executed the same. IN WITNESS VVIIEREO , I have hereunto set my heaid and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires: STATE OF MONTANE. ss County of Flathead On this day of before rne, the undersigned, a Notary Public for The State of Montana, personally appeared and the , and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the sane. IN FITNESS WHEREOF, I have hereunto set my hand and axed my Notary Seat the day and year in this certificate. first above written. Notary Public, State of Montana Residing at My Commission expires Exhibit A Luther French xan Legal Description tract of land located in the east calf of the southeast quarter of Section 17, Township nsh 28 North, Range 21 West, . M . M. , Flathead County, Montana, and being a portion of lot 32, .flock 1 Greer acres and more particularly desc-ribed as follows: Commencing at the northeast corer of Tract 1 of Certificate of Surrey Number 10069, Records of Flathead County, and which point is the true point of be ; ; Thence S6 1' 1 2"E, on and along the southerly boundary of Woodland e .e, a distance of 75.49 feet to a set 5 " re -bar; thence Soo'o '22"E, and leaving said southerly boundary, a distance of 175.21 feet to a set " re -bar; thence N8 9 037 `22"W, a distance of 112.89 feet to a set 5 " rebar; thence Noo ° I I' 1 "W, a distance of 103.41 Feet to a found 5 " re -bar; thence N23'27'55" , a distance of 1.9 feet to a set " rebar; thence N00° 15'3 "W, a distance of 11.26 Feet to a set 5 " re - bar; thence S '2 5' 1 "E, a distance of 4.78 feet to a found 1. 2" re -bar; thence N230, a distance of 2.4 7 feet to a found 3" iron m; thence 12'3 1'5"E, a distance of 1.00.31 feet to the true point of beginning. tract of land located � the east half of the southeast quarter of Section 17, , Townsh'IP 28 North, Range 21 West, . M . M. , Flathead d County, Montana, and being a orlon of lot 32, Block 1 Gree ores and more particularly described as follows: Commencing at the northeast comer of Tract 1 of ce�ica.te of Survey Number 10069, Records of Flathead. County, thence S61' 1 ' 2"E, on and along the southerly boundary of Woodland Avenue, a distance of 75.49 feet to a set "re -bar; and which point is the true point of bey . ; Thence continuing S6 1 ° 1 ' 2"E, on and along said southerly boundary of Woodland Avenue, a distance of 19.4 feet to a found 5 re -bar; thence S6 1 °3 '5 "E, continuing on and along said, southerly boundary, a. distance of 17.38 feet to a found 5/8" re -bar; thence Soo°08'2 "E, and leaving said southerly boundary, a distance of 2 3.1.1 feet to a found 8" re -bar; thence N ' 1 ' 3"W, a distance of 145.16 feet to a found " re -bar; thence N ° 11'I "W, a distance of 104.52 feet to a. set 5 " re -bar; thence S ' }22"E, a distance of 112.89 feet to a set 5 " re -bar; thence Noo" o"22"W, a. distance of 175.21 feet to the true point of beginning. P-1 I E2 7 3AA /3 3BA 3BB ounty DAA r nr/6DI rnR 6EA DLL Subject'- 6 DI6EA q C 6DBAI� 6EI6E A 4 2A 2 1 3 3 OLI c/) 7 (D 5 13 5 14 24 23 22 21ti 825 .1 1 17 19 20 VICINITY MAP SCALE 1 300 LUTHER FRENCH REQUEST FOR ANNEXATION Sc INITIAL ZONING OF R-2 SINGLE FAMILY RESIDENTIAL FROM COUNTY R-2, ONE FAMILY RESIDENTIAL PWT DAM 11/28/05 —19 FIL1�# KA.-05 H:\gi9\s3te\kaO5-19.dwg City of Kalispell Planning Department 17 - 2 street East suite 211, Kaf.sU, Montana 59901 Telephone: (406) 751-1850 Fax: o751-1858 W it .- kalispeUplanning.com MFMPZ.�UM TO Kalispell City Staff Other Interested 'arti s FROM: Torn. Jentz, DirectQr<�� RE: January 10, 20 - Kalispell P1ani oard Meeting ATE6 December 20, 2005 These items will go before the Site Development Review Committee in the Kalispell Building Department the foliowing rates; • Dec 22 - Initial Review • Dec 29 - Staff Comments Please Note* Not all of the 'Projects listed will warrant your consideration or comments - only those within your applicable area of jurisdiction or review. Final Comments Ey: December 30 so that they can be incorporated into the staff report for the January 10, 2006 public hearing. Please brig your comments to the above referenced site review committee meeting(s) or submit your comments in Ming or by phone so that they can incorporated into the staff report to the planning board. You can reach me at 751-1850 or e-mail at t+e ..tz(akafis eU cow.. .. A request by James & Karen Holmquist for an initial zoning designationof R-2 , Single Family Residential, upon vexation to the city of Kalispell on approximately 2.54 acres. The propel is located at 405 West Evergreen r-* e just east of Whitefish Stage Road.. 2. A request by Luther French for an initial zoning designation of -2 # Single Family Residential, tiai, upon annexation to the city of Kalispell on approximately I acre. The propel is located at 1624 Woodland Avenue. 3. A request by John & Bobbi Bonner for an initial zorr esignator of , Neighborhood Buffer District upon annexation to the city of Kalispell on �Road,a r*c�.y a e 1 2 acre. The property is locate at322 Whitefish Stage n�o_rth of West Evergreen rive. . request Jody Middleton & Lori Fisher for a conditional use pest to allow the construction of a three -unit townhoiase in addition to a single family residence that c=e tly e s s on the property. The property is locates at 1310 - 6thAvemae West m Kalispell and. is zoned R - , Two Fly Residential. request by Montana Commerce, LLC for an initial or rig designation of -2, General Business, upon a=exat on to the city of Kalispell on apprwdmately 1 acre. The property is located at. 2910 Highway 93 South at the intersection of Cemetery Road. . A request by Montana Commerce, LLC for a conditional use pernait to allow the operation of a Tager. Casino at the current Town Pump gas station located a 2910 Highway 3 So th at the intersection of Cemetery Road. A request for annexation and =`tial zoninghas been Med concu=ently with the conditional -use pest acaio.. If you need additional informatioa regarding any of these items, please caU me. ` "ham you for tang dac e to review and comment on these items. c : w a ach.ents: F. Ray fatto , Fire Dept. Mike Baker, Parks and Rec es Patrick, City Manager~ P.J. Sorenson., Zoning A itra or Roger Krauss, Police Dept. t. Frank Castles, City .fie Jim. Hans , Public Works Director Mark Crowley, Construction Manager Sandy Wheeler, Community Redevelopment Ssan Moyer, Comrwanity Development Director Craig X r zma , Chef Building Inspector Charles HarbaU, City Attorney Mod`, vocal fir.', Land '� Division Helena Charlie Johnson,, Count` Road Dept. Evergreen Fire Dept. t. S out Kalispell Fire Dept. c: w/o attachments: Applicants CERTIFICATION APPLICANT: Luther French TCPO FILE NO: KA-05-19 1 the undersigned certify that I did this cute mail.a First Class mad a copy of the attached notice to the following list of landowners ad oini the property lines of the property that is requesting annexation. { <4-�OAl S-T-R: 7- 2 -21 Lot/Tracts6, 6HA. , 6H, 6HBA, Lot 32 A, Blk 1, Green Acres Property Omer/ Mafl Address: LutherFrench 1560 Lehi Lane Kalispell, MT 59901 AND ATTACHED LIST Luther French Delores Stroh, Compliance Spec. Jeff Hamis, Director French Family Trust DOR,, Liquor Licensing Flathead Colt Planning 1 Lehi Lane P.O. Box 1!� 12 103 First Avenue, West Ka is eH, M 59901 Helena, MT 59604-1712 KahspeH, MT 59901 Judi Filler Brian Pencoast Keith & Elaine Davis 1653 Woodland Ave e 1565 Lehi Lane 1621 Woodland Avenue Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Kenneth Ming Ruth Davis Jeremy & Kristina Reed 15 15 Woodland Avenue 1519 Woodland Avenue 1570 Lehi Lane Kalispell, MT 59901 Kalis e , MT 59901 KalispeU, MT 59901 Alpine 1031 Exchange, ge, Inc. Sean & Shannon 'Donnell Lisa & Warner Blake - 1 t Avenue East, Ste 7 1555 Lehi Lae 1545 Lehi Lane Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Ma in & Lisa Shrock Warren & Majel Lamoureux P il' . Emma Prove 1628 Woodland Avenue e 1660 Woodland Avenue 1575 Lehi Lane l alispe , MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Flathead Industries It Clerk 1580 Lehi Lane Dennis � leg fee For lie Handicapped City Kalispell Kalispell, MT 59901 P.O. Box 1916 P.O. Box 1997 Kalispell, MT 59903-1916 his eU, MT 59903-1997 City of Kalispell Planning Department 1 - 2 Street Easy Suite 211, Kal is e ., Monte 59901 Telephone: o 51-1 5o Fax: o751-1858 We si : kali ellannin.eo . o are being sent this notice because you are a propel owner Within ISO feet of the proposed project noted below and wiR 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 infor atlo .. NOTICE OF PUBLIC HEARING KLS E L CITY PLANNING BOARD AND ZONING C hMSS ON January107'2006 The regular meeting of the Kalispell City Planning Board and Zoniing commission is scheduled. for Tuesday, January 10, 2006 begin g at 7:00 PM in the Kalispell City Cocci . Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The plannmg board wiU hold a public hearing and take public comments on the foflowffig agenda items. The Board will make a recommendation to the Kalispell City Council who wiU take tea. action. 1. A request by James & Kaaren Holmquist for are initial zoning designation of R-2 , Single Family Residential,, upon annexation to the city of Kalis eR on approximately 2.54 acres. The property is located at 405 West Evergreen Drive e just oast of Whitefish Stage road and can be described as .Assessors Tract 5A located in Section 32, Township 29 North, Range 21 West, . M. M. , Flathead Count y, Montana. 2. A request by Luther French for an initial zoning designation of R-2 , Sm le Family Residential, upon annexation to the city of Kalispell on approximately 1 acre. The property is located. at 1624 Woodland Avenue and can be described as Assessors Tracts 6BA, 6HA, 6HB, 6HBA, and Lot 32 A, Block 1 of Green Acres in Section 1 , Township 28 North, Range 21 West, .M.11 ., Flathead County, Montana. 3. A request by John & Bobbi Bormer for are imtia.l zon-ing designation of -- l , Neighborhood Buffer District upon annexation to the city of Kalispell on a roxi'mately 1 2 acre. The property is located. at 1322 Whitefish Stage Road, north of West Evergreen ri.ve and can be described as assessors Tract 5F or Tract 1 of Certificate of Survey No. 9490 located in Section 32, Township 29 North., Range 21 West, F M. M. , Flathead. County, Montana. . A request by Jody Middleton. & Lori Fisher for a. conditional use permit to allow the construction of a three -unit townhouse in addition to a single family residence that currently exists on the proper. The property is located at 131 - 6thAvenue West in Kalispell and is zoned. R- , Two Family Residential. The property can be described as Assessors Tract STH located m Section 18, Township 28 Now, range 21 West,, . M. M . , Flathead County, Montana. A. request y Montana Commerce, C for an initialo�"r.r�. es��.at o a. o -2, Genera. Business, upon a=exation to the city of Kalispell on a ro-'X='ate y 1 acre. The proper is located at 29 10 Highway 93 South at the intersection. of Cemetery Roar and can be described as assessors Tract SA located in Section 29, Township 28 Forth, Range 21 West, . M , M . , Flathead County, Mona. A request by Montana Commerce, LLC for a conditionaluse pest to a ow the operation of a Tavern/Casino at the current Town Pump gas station located a 2910 Highway 93 South at ttie intersection of cemetery Road. A request for annexation and im'tial zoning has been wed concurrently nth the conditional use permit application. The propel can be described as assessors Tract 5A located in Section 29, Township 28 Forth, Range 21 West, .M.M., Flathead County, Montana.. Documents ertan' i to these agenda items are on fide for public inspection at the Kahspell Planning Department, 17 Second Street East, Suite 2 11, Kalispell, MT 5 , and are available for public review ding rear office hours. Interested persons are encouraged to attend. the hearing and make their views and concerns know, to the Board.. Written comnents may be s mote . to the ri -City Plarming Office at the above address, prior to the date of the hearing, or you may contact Tom Jentz, Planning Director at o6) 751-1850 or e-mail him at tjqn,kahsvell.com for a.dc bona. Formation. ry y IIMwlY+r� Sincerely, S Thomas R. Jentz Planning Director No. 10123 TICEN 0F PUBLIC HEARING Ali'' iTy PLANNING BCAD AND ZONING COMMISSION January 10, 2006 The regular meeting of the Kafispeffl CityPlan- ning Board anti Zoning commission is sched- uled for Tuesday, Janu- ary 10, 2006 beginning 'a 00 FM in theKalis- pell City CouncilCham- bers, Kalispell City Hall, 1 First Avenue LEast. Kalispell. The planning board wili hold a public hearing and take public comments on the follow- ing agenda items_ The Board will make a rec- ommendation to the Ka- lispell City Council who will tale final action. 1, A request by James Karen Holmquist for an initial zoning desig- nation of R-2, Single Farily Residential, upon annexation to the city of Kalispell on ap- proximately 2.54 acres. The propel is located at 405 West Evergreen Drive just east ofWhite- fish Stage Road and can be described as As- sessors Tract 5A locat- ed in Section 32, Town- ship 29 forth, Range 21 West, P.M.M., Flathead County, Montana. . A request by Luther French for an initialzon- ing designation of R- , In ie Famiiy esiden- UaiT upon annexation to the city of Kalispell on approximateiy 1 acre. The propel is located at 1624 Woodland Ave- nue and can be descri- ed as Assessors Tracts 6A, 6A# 6B, H A, and Lot 32 A, Block 1 of Green Acres in Section 1s Township 6 Worth, Range 21 West, F . . M ., Flathead County, Montana. . A request by John Bchbi Bonner for an inert tiai zoning designation of B-1 , Neighbornood Buffer District upon an- nexation to the co of Kalispell on approxi- mately 1/2 acre. The property is located at 1322 Whitefish Stage Road, north of West t Ev- ergreen Drive and can ue described as Asses- sors Tract, �F or Tract F t ertificate cf Surrey o. caa located erection 1, Township ,29 North. Range 21 ,,,Vest. p. M,M.. Flathead .county, Montana. 4. A request by Jody Middleton & Lori Fisher for a conditional use permit to allow the con- struction of a three -unit townhouse in addition to a single family resi- dence }hat currently ex- its on the properly. The property is located at 1310 — 6th Avenue West in Kalispell ll and is zoned -, Two Family Residential- i_ The Drop - arty can be described as Assessors Tract 8TH located in Section 18, Township 28 North, Range 21 West, P.M.l ., FlatheadCoun- ty, Montana. . A request by Monta- na Commerce, LLC for are initial zoning desig- nation of B- , General Business, upon annexa- tion to the city ofKalis- pell on approximately I acre. The propel is lo- cated at 2910 Highway 93 South at the inter- section of Cemetery Road and can be de- scribed as Assessors Tract 6A located in Sec- tion 29, Township 28 North, Range 21 West, P_ 1. _, FlatheadCoun- ty, Montana. . A request by Monta- na Commerce, LLC for a conditional use permit to allow the operation~ of a Tavern/Casino at the current Town Fume gas station located at 2910 Highway 93 South at the intersection of Cem- etery Road. A request for annexation and initial zoning has been filed concurrently with the conditional use permit application. The proper- ty can be described as Assessors Tract 5A lo- cated in Section 29, Township 28 North, Range 21 West, l.l.M_, FlatheadCoun- ty, Montana. Documents pertaining to these agenda items are on file for public in- spection at the Kalispell Planning Department, 17 Second Street East, Suite 211. Kalispell, MT 01, and are a aiia- ble for public review during regular office hours. Interested persons are encouraged to attend she hearing and make :heir views and won- -.erns known to the oard. Written o- submients may be t —to the Tri-ity Plan- ning Office at the above address. prior to the dateof t{hearing, 5 e ] tea{yi g, oryou may uo rat Tom lentzt F-fanning Director ..�_. __1 .--- STATE OF M NTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION SHERI C NKLnY BEING DULY SWORN DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY LNT ER LAKE A . -�r NEWSPAPER OF GENERAL CIRCULATION, PR1NTED AND PUBLISHEDNi THE CITY OF .KALISPELL, I TCOUNTYFLATHEAD, STATE M NTANA THAT No 1160 LEGAL ADVERTISAIENT WAS PRiNTED AND PUBLISHED IN THE REGULAR AND NTME ISSUE OF SAM PAPER, AND IN EACH AN EVERY COPY THEREOF ON THE DATES OF DEC 25 AND = RATE CHARGED FOR THE ABOVE STING DOES NOT EXCEED THE MINJMTJM GONG RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET I E SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Subscribed arid wom to Before me this .D DEC 2, 25 " x Notes Public for the State of Montana Residing in Kalispell My Corsi. expires 1 at qij) lb 1 -1 80 or, a- maii him -at tientz @ l alis; pell.com for additional information. /s/Thomas R'. Jena T homes ! . Jentz I lan in ,Director