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07. Resolution 5089 - Annexation - John and Bobbi BonnerCity of Kalispell Planning Department f -2.,nd Street Eat, Suite 2.11, Kalispell, Montana 59901 Telephone-. (406) 751-1850 Fax; 751-185 We .ite. k el annMg.eom REPORT TO: Kalis e . Mayor and City Council 'ROM: Thomas R. entz, Director Names H.Patrick, City Manager er SUBJECT .John and Bobbi Bonner - Annexation and. Initial Zoning of -5, Residential / Professional Office, 1322 Whitefish Stage Road MEPETE°G ATE: February 6, 2006 CKGR tTN# This is a request by John and Bobbi Bonner for annexation and an tl zoning of T Neighborhood orapproximately . 5 acres. The property is located on the west side of Whitefish Stage Road just north of the intersection of west Evergreen Drive. The existing residence, recently converted to a pre-school, is for sale. It is the intent of the propel ovmer to annex the property to the city thus making in city water and sewer service available and apply for an office commercial zoning to Improve the salability of the property. The Kalispell City Planning Board met on January 10, 2006 and held a public lea n to consider the request. Staff evaluated the proposed zoning and .eating that the -1 zoning request was in compliance with the Groff Policy which designated. this as an urban mixed use area anticipating a.ting office, limited commercial and more l tense residential uses. John Bonner, the owner spoke in favor of the proposal sang the current County RA -- I. zoning would allow them up to 12 residential units on the property. The entire house has been remodeled using commercial standards into a pre-school and in the future a professional office would be ideal for the location. His real .or, Donna Johnson echoed the comments. Two neighbors immediately to the north stated that they have lost privacy in their lack yard and did not want to see a more intense use there. After the public hearing the board discussed ssed the property, the character of the neighborhood, the neighbors concerns and the appheants desire to aHov opportunities to improve salability and provide professional office space. A motion was made to amend the finding of facts for KA- -2o changing any reference from B-1 to R-5 and unanimously forward a recommendation that initial zoning for this property should he R-5, Residential Professional al Office upon annexation. The Board did this noting that the R-5 zone will provide professional off -ice opportunities as requested by the applicant identical to the -1. zone but will lit or prohibit the more intrusive retail and commercial uses found in the - 1 zone. John and Bobbi Bonner January 25, 2006 Page 2 IMCoAUM`DATION A motion to approve the resolution annexing the property and a motion o rove the airs reading of the or a ace for initial zor�..ir g of -5, based on the attached findings, would be M order. FISCAL E 'FEC'S: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Thomas R. Jentz James H. � Director City Manager Report compiled: Janus 16, 2006 Attachments: s: Revised Findings of Fact KA- 5-2 Cost of Services Report c: Theresa White, Kalispell City Clerk RESOLUTION NO. 5089 A RESOLUTION ON To PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED ON "EXHIBIT A"', LOCATED N SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M,, FLATHEAD COUNTY, MONTANA� To BE KNOWN AS BONNER ADDITION NO. 3 , To ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from John and Bobbi Bonner, the owners of property located on the crest side of Whitefish Stage Road, north of the intersection with West Evergreen Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the I o er's Annexation Request, #KA-0-2, dated January 3, 2006, and WHEREAS, the Kalispell City Planning Board and Zoning Commission . recommended that the territory be zoned City R-5, Residential/Professional Office, on approximately one- half acre upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Fart 46, Mbnta a Code Annotated. NOW THEREFORE", BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS - SECTION I. That all the real property as described above be annexed to the City o Kalispell and the boundary of the City is altered to so provide, and s ail be known as Bonner Addition No. 376. SECTION 11. Upon the effective date of this Resolution, the City Clerk Is directed to make and certify under the seal of the ity, a copy of the record o these proceedings as are entered on the mm tes of the City Council and file said documents with the Flathead County Clergy. and Recorder. From and after the date of fi I ing 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 citizens and property shall b e s ubject to all debts, Ia s and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 111. The territory annexed by this Resolution sball be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall e effective immediately upon passage by the City Council. PASSED AND APPROVED Y THE CITY COUNUL AND SIGNED BY THE MAYOR THE CITY OF .KAISPE L, THIS 6TH DAY OF FEBRUARY,, 2006. TEST: Theresa White City Clerk Exhibit Pamela . Kennedy Mayor Tract Certificate of Surrey No. 9490 in Section 32, Township 29 North, Range 21 West., P.I.M., Flathead County, Mo.. 5-2 John and ioi Bonner Annexation Cost of Services Analysis (Residential) Once annexed exe 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 Casty of Kalis ells Design and Construction standards and any other development policies, regulations or ordinances that may apply. Note that Wbite ski Stage is already developed. City water and sewer is adjacent to this site at this time. e. No additional street or seiner main work is proposed. This cost of Services Plan is Prepared as a. residential annexation noting that at sometime M the future the residence may be converted to another use such as a professional office. Number of Dream Units proposed to be annexed l single fly houses Estimated a.te Increase MPOPration: (based on US Census Figure of 2.2 per household) 2 Cost of Services Per capita costs Fire: $68.84 per person per year. Additional costs to the fire department 2x 68.8413 Police: $110 per resident per year. Additional casts to the police department 2 x 110.00 220 0 Administration: $39.48. Additional cost to administration 2 x 39-48 $ 79 Solid Waste* Additional cost to soli.d wcaste (none for five years) $ 0 Lineal Feet Costs: (Lineal feet - No new roads, sewer or water mains 0 Boas. $1.14 per lineal foot Additional cost in road maintenance o x 1. l $ o 0 Water. $3.44 per lineal foot Additional cost in water line maintenance o x 3.44 Seger. $5.50 per lineal Foot Additional . cost in sewer mar .* to ance 0 X 5,50 Storm sewer mamte .ance costs: Average Square foot per lot - 23,960 1 No. of units x square foot x 0.00408 Total Anticipated Cost of Services: Antici d. Revenue Generated Assessments based on square foo Average square foot or lot: 23,0 1 x 23,960 x $0.00408 = $ 98 • Storm sewer assessment $0.00408 per square foot Revenue from store seiner assessments .ts I x 23,960 x $0.00408 Street mamte ance assessment $0.0101 per square foot Revenue from street maintenance assessments I x 23,960 x $0.0101 Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 1 x 23,960 x $0.00135 SpecialAssessments: There are no special assessments. Genet revenue: Assessed value per property: $250,000/house 'rotal assessed value. 1 x 250,000 = $ 250,000 Total taxable: 250,000 x 0.03543 = $ 8,858 Total additional general revenue based. on 170 miH levy: 8,858 x o. 170 'dotal Revenue Generated to the City NET AID ANNuAL RL,,mNm To Tim cTy: 533 $ 242 $ 32 $ 1,87% $ 2,426 $12344 NOT& This information is based upon assumptions regarding ilding valuations and does not tale into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the a -t c a.ted cost of services and revenue. INITIAL ZONING OF R-5 UPON ANNEXATION KALISPELL PLANNING BOARD AMENDED FLINGS KA-05-20 ANUARY 10, 2006 set of amended fmdings supporting the met al zoning designation of R- 5 Residential/ Professional. Office for a proposed annexation of property at 1322 Whitefish Stage Road. These fmdings are forwarded to the Kalispell City Council for final action. The statutory basis for reviewing a change in zoning is set forth by -2-2 5, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria. described b -2- 203, M.C.A. 1. 2. 3. Does the requested zone cps 1 with the Master Plan? The property is designated by the Kahspell Groff Policy 2020 as "Urban Mixed Use Area" which anticipates offices, residential, and limited commercial and industrial. Due to the availability f public water and sewer to the site, the proposed R-5 zoning designation n is in compliance with the groom policy designation. Is the re nested zone desigged to lessen cop gestion m the streets? meted increase in the traffic M' the area may result from the inclusion of this r ert into the city and the zoning f thisproperty t R- and lamely will not substantially i act the functioning f the streets n the area as the property is currently developed. The specific future impact is difficult to determine without knowing the speck use, but the limited sim of the property would preclude a large development. Re -development of the site under the R-5 zone could create traffic impacts depending on the proposed use and difficulty in r v.dm* g an ogler type of access onto Whitefish Stage Road than a. direct driveway. Will the requested zone secure safe from. ftre,...Ranic, 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. A change of use or new construction will be required to be in compliance with the building safety codes of the city which relate to fire and building safety. All munic'1P al services including police and fire protection., water and sewer service is available to the property. . Will the re nested zone promote the health and. generalwelfare? The requested zoning classification will by restricting land uses to those which properties. promote the health and general welfare would be compatible with the adjoining 5. Will the reguested zoneprovide for ado uate and ao Setback, height, and coverage standards for development occurr xo this site are established in the Kalis eH Zoning Ordinance to insure adequate light and air is provided. . Will the reguested zone regent the overcrowding of land The and 'CIated density generally falls within the proposed R-5 zoning designation. All public services and facilities will be available to serge this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area.. This is unlikely to occur as further development or subdivision of the lard would be subject to the city's review. . Will the requested zone avoid undue concentration of eo le Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people if the propel is further developed. 8. Will the re nested. zone facilitate the adequate rovisio . of tra s orta.tiowater., sewerage,schools, arks and other public re irements A. public services and facilities are currently available or can be provided to the property. Development ment should be encouraged in areas where these services are available. . Does the reguested zone aive consideration to the particular suitabilliy of the proerty for articular uses? The propel was previously used as a single far iffy residence and currently functions as a pre-school. Conversion of a. house to a professional office wiH typically require significant remodeling to address handicap access and floor loading issues. It appears that some of this work has already occurred. The property is situated in a reside.ti.ay developed neighborhood. Because of the increase in traffic on Whitefish Stage Toad, and the lack of setbacks, being or landscaping, this particular site is not as desirable for future single family residenta use. 10. Does the requested zone ' e rea.sona le consideration to the character of the district? The general character of the surrounding area is urban sized lots for residential .al development. The property immediately to the east is a larger -scale - I commercial development. The recommended R-5 zone is intended to both provide certain professional uses where such. uses are compatible with adjacent reside .tial areas and serve as a buffer between residential areas and more intensive uses. 2 1 1.. Will the pMRused zone conserve the gale of bides The R -5 zone will accommodate the existing residence as well as the pre-school day care use. Whale the e�dsti.g pre-school may ntinu , conversion of the property back to a residence will be difficult because of the amount of interior remodeling already done.Re-use of the property to a more intensive office use wiU require either minor or significant changes to the interior as well. Conversely, the location of the property E* Mmediatel y adjacent to Whitefish Stag~ Road without significant setbacks, berming or vegetative buffers makes it Less desirable as a single family residential use. it sold be noted that a charge from the pre-school or residence to an office or more intense commercial use may necessitate bidding improvements in order to comply with building codes, the fire code, and ADS. accessibility issues. 2. Will the re nested zone e.cora e the most a ro mate use o the lard e% tbro . bout the m is a i Urban scale development should be encouraged in areas were services and facilities 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. SUMMARY: The property abuts a very stable and desirable residential single amily neighborhood. At the same time, traffic along Whitefish Stange load which is designated as a minor arte .al, continues to increase and the subject property does not enjoy enough depth, berming or landscaping to mitigate this impact. 1 Cent r Tel utihty structure is i4mmediately south and a s kart. - I commercial neighborhood is developed to the east across Whitefish stage Road. Note that this -1 neighborhood does not directly access onto Whitefish Stage Road nor does it front the applicant's property. The owners/ applicants do not have a specific commercial use at this time and are trying to expand their options as they sell it. The hose has had sore interior modifications ions to accommodate the pre-school that rake easy re -use of the property as a yes idence problematic. Pubhc comment received, at the bearing discouraged commercial use of the property and. supported office use. The city council should adopt .a..rn*ng Board Findings KA-05-20as findings of fact and approve R-5, Neighborhood. Buffer District zoning at the time of annexation. City of Kalispell Planning Department - 2adSired East, Suite 211, Kaiell, Montana 59901 Telephone- (406) 75 . - l Fax: (406) 751-1858 ` sit : kalispellplanning.com January 25, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re. John and .obi Bonner - Annexation and Initial Zoning of R-5 Residential Professional Office, 1322 Whitefish Stage Road. Dear Jim: The Kahspell City Planning Board met on January10, 2006 and held a pubhc hearing to consider a. request for annexation and an initial zoning designation of -1 Neighborhood Buffer District, on approximately .55 acres. The property is located on the west side of Whitefish Stage Road just north of the intersection of West Evergreen Drive, The existing residence, recently converted to a pre-school, is for sale. It is the intent of the property owner to annex the property to the city thus making city water and serer service available and apply for an office commercial zoning to improve the salability of the property. Tom de .tz of the Kalispell Plann�g Department presented staff report #KA - 5-2 evaluating the proposed zoning indicating that the -1 zoning i request was in compliance with the Growth. Policy which designated this as an urban wed use area antic*IP ating office, 1'ted commercial and more intense residential uses. John Bonner, the ovm'r, spoke in favor of the proposal saying the current county PA- 1 zoning would allow them up to 12 residential units on the property. rty. The entire house xso has been remodeled using; commercial standards into a pre-school and in the future a professional office woof. be ideal for the location. His r a.ltor, Donna Johnson echoed the comments* Two neighbors i-mmediately to the north stated that they have lost Privacy in their back yard and did not want to see a more intense use there. After the public hear-ing the board discussed the property, the character of the neighborhood, the neighbors concerns and the ap phcants desire to allow opportunities to improve salability and provide professional office space. A motion was made .e to John and Boi Bonner vexation ,unary 25, 2006 Page amend the fmding of facts for KA-05-20 changing ay reference From - I to R-5 and unanimously forward a recommendation that initial zoning for this property should be R- 5, Residential/ Professional Office upon annexation. The board did this s noting that the R-5 zone wifl provide professional office opportunities as requested by the applieant identical to the -1 zone but will limit or prohibit the more intrusive retail and commercial uses found in the -1 zone. Please schedule this matter for the February 6, 2006 regular city council meeting. You may contact this board or Tom Jentz at the Kalispell Planning Department if you have any questions regarding this ratter. Sincerely, Kalispell City Planning Board George Taylor President GT%TJ/rna Attachments: Staff report #KA-05-20 and application materials Revised Findings of Pact KA-5-2 Minutes of the 1 1 planning beard meeting ter/ Att: Theresa White, Kalispell City Clerk w/o Att: John and Bobbi Bonner, 141 Riverview Drive, Kalispell, MT 59901 Donna Johnson, 1045 South Main. Street, Kalispell., MT 59901 JOHN AND BOBBI BONNER MTLkL ZONING OF R-5 UPON ANNEXATION Y'r PELL PLANNING BOA ,AMENDED FINDENGS KA-0-20 set of amended ed. findings supporting the initial zoning designation of -5 Residential/ Professional Office for a proposed annexation of property at 1322 Whitefish Stage Road. These fmd.ings are for warded to the Kalispell City Council for fmaf action. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change m x zoning is set forth by -2-2 5, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described. by '-2-23, M.C.A. 1. 2. 3. Does the requested zone comply with the Master Plan? , The property is designated by the Kahs ei1 Growth Policy 2020 as "Urban Mixed Use Area" which anticipates offices, residential., and limited commercial and industrial. Due to the availability of public water and surer to the site, the proposed R -5 zoning designation is in compliance with the growth policy designation.. Is the requested gone deli ed to lessen con estion in the streets? A kited increase in the traffic in the area may result from the inclusion of this property into the city and the zoning of this property to -5 and likely will not substantially ii a.ct the functioning Toning of the streets in the area as the property is currently developed. The specific future impact is difficult to determine without knowing the speck use, but the hr ted size of the property would preclude a large development. Re -development of the site under the R-5 zone could create traffic impacts depending on the proposed use and difficulty in providing any other type of access onto Whitefish Stage Road than a. direct n'veway. Will the requested zone secure safety from fire anic and other da ers Adequate access and public facilities are available to the site in the case of an emergency. 'mere are no features related to the property hich would compromise the safes of the public. A change of use or new r construction will be required to be in compliance with the building safety codes of the city which relate to fire and building safety. All municipal services including police and fire protection., water and suer service is available to the property* . Will the re nested zone prornote the health and er eral welfare The requested zoning classification will y restricting laid uses to hose which properties. promote the health and general welfare would be compatible with the adj iming 5. Will the re nested zone_proyide for ade .a.te h arrd airy Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning ordinance to insure adequate light and air is provided. . Will the..requested zone re rent the overcrowding of land The a .ticipatcd. density generally falls within the proposed R-5 zomn designation. All public services s and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were Made .ate to accommodate the development in the area. This is unlikely to occur as further development or subdivision of the land would be subject to the city's review. 7, Will the requ st d zone avoid undue concentration ofpeo-Ple. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people if the property is further developed. . . Will the re nested zone facilitate the ad.e ua.te provision of trams orta.tiongrater, sewerage, schools .... R!qLksl and other public re uiremen s AR 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 re nested zone 've consideration to the articular suitability of the pMpeEty. for particular uses? The property was previously used as a single family residence and currently functions as a pre-school. Conversion of a house to a professional office wiH typically require significant remodeling to address handicap access and floor loading issues. It appears that some of this work has already occurred. The property is situated in a. residentially developed neighborhood. Because of the increase in traffic on Whitefish Stage Road, and the lack of setbacks, bernung or landscaping, this particular site is not as desirable for future singe family residential use. o. Does the re nested , one ive reasonable consideration to the character of the district .he general character of the surrounding area is urban sized lots for residential development. The property irnrnedia.tely to the east is a larger -scale --1 commercial development. The recommended 1 -5 zone is intended to both provide certain professional uses where such uses are compatible with adjacent residential areas and serge as a buffer between residential areas and more intensive uses. .. Will the pMRpsed zone conserve the value of bu .d. s The R-5 zone will accommodate the em'sting residence ee as well as the pre-school day care use. VVhile the existing pre-school may continue, conversion of the property back to a residence will be difficult because of the amount of interior remodeling already done. Re -use of the property to a more intensive sive office use will require either minor or significant changes to the int rlor as well. Conversely, the location of the property immediately adjacent t to Whitefish stage Road without significant setbacks, berry .g or vegetative buffers makes it less desirable as a. single fly residential. use. It should be noted that a. change from the pre-school or residence to an office or more intense commercial al use may necessitate building improvements in order to comply with building codes, the fire code, and ADA accessibility issues. 12. Will the Etguested zone enco ra. e the most . �aRRrol2riate use of the land throw iou.t the munici alp Urban scale development should be encouraged in areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the Growth policy and surrounding zoning in the area.. SUMMARY: The property abuts a very stable and desirable residential single family neighborhood. At the same time, traffic along Whitefish stage Road which is designated as a minor arterial, continues to increase and the subject property does not enjoy enough depth., bernu*ng or landscaping to mitigate this impact. A Century'el utility structure is immediately south and a sigrnfica .t -1 commercial neighborhood is developed to the east across whitefish Stage Road.. Note that this - 1 neighborhood does not directly access onto Whitefish stage Road nor does it front the applicant's nt's property. The owners applicants do not have a specific commercial use at this time and are trying to expand they options as they self. it. The house has had some mtenor modifications to accommodate the pyre -school that make easy re -use of the property as a residence problematic. Public comment received at the hear* g discouraged commercial use of the property and supported office use. RECOBUYIENN: The city council should adapt plawfi g Board. Findings #KA-05-20as findings of fact and approve -5 # Neighborhood. Buffer District zoning at the time of annexation. J REPORTS\KAKA-05-20A BONNERDOC 3 JOHN AND BOBBI BONNER REQUEST FOR INITIAL ZONING OF B-1UPON ANN STAFF REPORT KA-0-2 . report to the Kalispell city Planning Board and the Kalis efl City Council regarding the initial zoning of -1 upon annexation to the city on property along Whitefish Stage Road in northeast Kalispell. A public hearing has been scheduled before theplanning board for a airy 10, 2006 beginningat 7:00 PM in the Kalispell City Council Chambers. The planning board wiH forward a recommendationthe Kalispell City Council for fmai action. This report evaluates the appropriate a.ssigm-ne t of a. City zoning classification in accordance with Section 27.03.010 of the Kalispell Zoning Ordinance. The propel owner has petitioned annexation and initial oni classification of -1, Neighborhood Buffer District. This is a parcel that has frontage along Whitefish. Stage Road. The property is currently in the County zoning jurisdiction. and is zoned County RA-1, Residential Apartment. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2- 101 MtC.A., Annexation by Petition. A. Petitioner and Orders* John and Bobbi Bonner 1 Riverview Dr Kalispell, MT 59901 (406) 2-4985 Techm*cal Assistance: Donna Johnson 1045 S. Mali. St Kasell, MT 59901 (406) 5-5 Cell 270-1273 B. Location and Legal Description of Proper* The property proposed for annexation lies on the merest side of Whitefish Stage Road just north of the intersection with West Evergreen Drive, The address is 1322 Whitefish Stage Road. It can be described as Assessor's Tract 5F located in Section 32, Township 29 North, Range 21 West, P.M.M. , Flathead County, Montana. C # Mdtizoning: The property is currently in the County zoning jurisdiction and is zoned RA- 1, Residential Apartment. The district is M to al ed to serve as an area for multi-fainily use and for non-residential uses which support or are compatible with the primarily residential character. The zone sets a. rr i imulm lot size of 7,500 00 square feet and allows additional nits at a rite of one per each 1,500 square feet. The RA- l zoning on this # 5 5 acre site could accommodate up to 12 residential waits with the issuance of a conditional use permit. From a practical standpoint, the rural density on this site can not exceed the one existing residence as the site lacks public sewer. The county granted a conditional use errs t some time ago for a day care. D. Proposed Zoning: City - 1, Neighborhood Buffer District, has been proposed for the property. The ,-- 1 zonmg district allows professional office, meted restaurants, and meted retail, among ether tags, as permitted uses. The e.�dsting single family residence would become a protected non -conforming use. Note that Flathead County granted a conditional use e=*t to convert the residence into a day care. The um lot size for the district is 7,000 00 square Feet and a r .ix mu. lot width of 60 feet with setbacks of 20 feet in the front, 20 feet in the rear and five feet on the sides. E. sue. The area proposed for annexation all zoning cons approximately .55 acres. F. fisting Land Use: This property was constructed as a single-family residence. Flathead County granted a. conditional use pest allowing the residence to be converted M to a day care and it now operates as the Madrigal pre-school. At that time, handicapped bathrooms were installed, one room was converted to an office and significant additional remod eh g occurred that changed the ulterior configuration away from a single family residence. G. Adjacent LandUses and Zoning: The immediate area is characterized by single- family homes to the north, south and west with commercial property to the east. Now: Single-family homes; City RA- I zoning East. Commercial; city -- 1 zoning South: A Cer t ry'el utility site, smgl.e- amily homes; County lA-1 zorung. west: Single- fa.r ily homes; City RA- 1 zoning H. Genet Land Use character* The area can be described as a. resie.tial district along the merest side of Whitefish Stage Road abutting a neighborhood business area on the east side of Whitefish Stage Road. Whitefish Stage Road functions as a. nu or arterial and carries considerable volumes of traffic. The immediate area is characterized by single-family homes on urban sized lots and a. larger -scale - l commercial development located across Whitefish Stage Road to the east. Availability of PubHc Segos and pension of Services: Pubhc services, including Evergreen water and City sewer are currently available to this site. Sewer can be accessed upon. annexation. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing 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 criteria described by -2--2 3, M.C.A. Does the re nested zone corm lv with the Master Plan The property is designated by the Kali.s e . Growth Policy 2020 as "Urban Mixed. Use Area' which a .tic*dates offices, residential, and limited commercial are industrial. Due to the availability of public grater and sewer to the site, the proposed -- I zoning designation is in compliance with the growth policy designation. 2. is the re nested zone esi ed to lessen,egngestion in the streets? A meted increase in the traffic in the area may result from the inclusion of this property into the City and the zorung of this property to B-1 and lamely wiU not substantiaUv impact the functioning of the streets in the area as the property is currently developed.. The speck future impact is difficult to deternAne without knowing the specific use, but the meted size of the property would preclude a large development. Re -development ent of the site under the B-I zone could create traffic impacts depending on the proposed use and difficulty in providing any other type of access onto Whitefish Stage Road than a. direct driveway. 3. Will the requested zone secure safety from fire a is and other dangers? Adequate access and public facihties 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. A change of use or new construction will be required to be in compliance with the building safety codes of the City which relate to fire and ildi safety. All municipal services including police and fire protection, water and serer service is available to the property. . will the requested zone promote the health a d gneral welfare The requested zoning classification wiU promote the health and general welfare y restricting lard uses to those which would be compatible with the adjoining properties. w Will the requested zone provide for adequate light and air Setback, , height, and coverage standards for development occurn*ng on this site are established n the Kalispell Zoning Ordinance to insure adequate light and air is provided. . Will the re jested zone prevent the overcrowding of land? The anticipated density generally Falls within the proposed - l zoning designation. AU public services and facilities will be available to serge this property. Are overcrowding of lard would occur if infrastructure were inadequate to accommodate the development in the area. This is unhkely to occur as further development or subdivision of the land would . e subject to the ity's review. . will the requested zone avoid undue concentration of PeOI21e. Minimum lot standards and use standards as well as subdivision development standards wiH avoid the undue concentration of people if the property is finer developed, . WiR the re nested zone facilitate the ade ua.te rovisior of U-ans ortatior water sewerage,schools arks and other public re irements AH 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 requested zone mve consideration to the particular suita. ili of the propfrt y or articular uses? ' The property was previously used as a. single family residence and currently functions as a pre-school. Conversion of a house to a business will typically require significant remodeling to address handicap access and floor loading issues. It appears that some of this work has already occurred. The property i situated in a residentially developed neighborhood. Because of the increase in txaffic on Whitefish Stage Road, and the lack of setbacks, be=ng or landscaping, this par cular site is not as desirable for fixture single family residential. use. 10. Does the reguested zone 'ye reaso .a ie consideration to the character of the district. The general character of the surrounding area is urban sized lots for residential development. ent. The property immediately to the east is a larger -scale -1 commercial development. The B-1 zone is intended to both provide certain commercial, and professional uses where such uses are compatible l with adjacent residential areas and serve as - a bier between residential areas and more intensive uses. 11. Will the oroposed zone conserve the value of buildam. s This is difficult to assess. The - t zone -will make the current residence a. non- confo=ing use. While the e�dsdn pre-school may continue, coriversion of the property back to a, residence wi be difficult because of the amount of interior remodeling already done. Reuse of the property to a more intensive commercial or office use wiU require either minor or significant changes to the interior a well. Conversely, the location of the property immediately adjacent to Whitefish Stage Road without significant setbacks, berming or vegetative buffers rakes it less desirable as a single family residential use. It should be noted that a change from the pre-school or residence to an office or more intense commercial use may necessitate building improvements m order to comp. nth lid codes, the dire code, and ADA a.cce si ility issues. 2. Will the requested zone encourage the most gppropriate use of the land throes hoot the mnici city 4 Urban scale development should be encouraged in areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the Growth Policy and surrounding orm'g in the area.. SUY: The property abuts a very stable and desirable residential single family neighborhood. At the same time, traffic along Whitefish Stage Road which is designated as a minor arterial, continues to increase and the subject property does not enjoy enough depth, berming or ianscapmg to mitigate this impact. A Ce try 'el utility structure is the Immediately south and a significant - l neighborhood is developed to the east across Whitefish Stage Road. Note that this - I neighborhood does not directly access onto Wl to sh Stage Road nor does it front the applicant's property. The owners/applicants do not have a speck commercial use at this time and. are Ong to expand their options as they sell it. The house has had some interior modifications to accommodate the pre-school that make easy re -use of the propel as a residence problematic. No public comment has been received at the time of the Ming of this report. RECOMIENDA'"* Staff recomxnends that the Xahspell City Planning Boaxd and Zoning Conirmssio . adopt Staff Report K.- 5-2o as findings of fact and recommend to the Kalispell City Council that the it tia o .m g for this property upon annexation be - 1, Neighborhood Buffer District. TJ City of Kalispell Planning Department 1 _ rd Street East, Suite 211, Kalispell, Montana 59901 Fax: 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING NAME of APPLICANT: NIAILADDRESS- IL41 R�'%Ja_rt I CITY/STATE/ZIP: �E:J_N.4� 7- - NiTEREST fN PROPERTY: � "'— [ether Parties of Interest to be Notified# PARTIES OF INTEREST: Y1 MAIL ADDRESS: L7 CITY/STATE/ZIP: �Gc, �, � S t0� ` /k•i, E U�7�j D PHONE.- � J' INTEREST IN PRQPERTY: IR04"umx 'LEASE COMPLETE THE FOLLOWING-. Address of the prgperty: Z.Z C") CiJd.r Leal Description: 5UJA!Y_5LU /1V z ' Z `t — Z. (Lot and Block of Subdivision; Tract #) (Section., Towmship, Rage)(Attach metes and bounds as Exhibit A Land in project ae The present zoning of the above propel: The proposed o' o the above proper is State the changed or changing conditions that make the proposed amendment necessary: ..ii.��w�" i��`� "7..Gt3l�✓��[ lore-sea�S C�,�tt�C1`rte'�� ............... ............... .. ............ .. J il&5 t WqCLt 412 Q Ht t J ` C0 d(��1,fa { S 1L.4 TQt.10[ (3.. �if1 C�� '�� A�.�� C1.i�Lt�t� t:�.LSf1 C3�VtC�St iXu' Gfe& I �V � i t- &*W� �� The sing of this application signifies that the foregoing infornat on. is true and accurate based upon the best .m ormahon. available and further grants approval for Kalispell Flagg staff to be present on the property for rout inspection during the arre.atlorr process. A ant (Date) M., R tum to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO AMEX 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 annexation of the real property described below into the City o Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described i Exhibit A hereby mutually awe 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. Petitioners hereby state that there is no need to prepare a Municipal Annexation Service Flan for this annexation pursuant to Section. 7-2-4610, I.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. TePetitioner(s) further herein express an intent to have the propel as herein described withdrawn from the f Rural Fire District odor the provisions of Section 7-33-2127, Montana Code notated; 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 fulther agree(s) that this covenant shall run to, with, and be binding upon the tithe 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 o Kalispell. This City hereby awes to afar Petitioner(s) to cornect and receive all available utilities from the City of Kalispell excluding solid waste services, MCA. 7-2-4736 prohibits the city from r vi solid a services this property for minimum years from date ann exation. e� e Date a Petitioner r Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA : SS County of Flathead County On thiv4r4- day of �� fore the undersigned, a. Notary Public for the State of Montana, ersonally appeared known t rye t be the person whose name is ubs ri d to the foregoing instrument and acknowledged to me that he/she executed the same. 1have hereunto hand Notary Seal TN WITNESS WHEREOF, set my and affixed ray t year in this certificate written. { ZZ t o't is Sta Ye of-Mrtn rna 3 } N s, j Residing a } 4 My Commission ex lies• 4 .c' a P '0 STATE OF MONTANA OF SS r.J County o Eliy County n i s day undersigned, a Notary Public for e of Montana, Bray appeared Stateth Tj �. ..^ known to me to e the person whose name is s bscn ed t the re e instrument and a knowle 1 11l1 11,11/1�20`////. to me that he/she executed the same. �' �� N WITNESS WHEREOF, have hereunto set my d and axed m Notary Seal - � and year this certificate first above written. . s3 fl ' �otK.�4r y Public, ate of gonta #1 Residing at My Commission expo es. r S ) County Flathead n this day of before rye, the undersigned, a Notary Public for The State of Montana, personally appeared are the , and respectively, of the corporation that executed the foregoing mistrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the sane. N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above Witten. Notary Public, State of Montana esidiqy at My Commission expires IT A .e . tract of l ana , s Dui;xte, lying and hey.ng izi the ` u_}?aJ 1L-_ Quarter of the Z`"Flaths�.x x pxciFLc.. �11'I�`s%��^'. Qxl�7 k C ;h71, Q T7Cig thou':-,hwesl comer of t o Sauth st Quartez t ? t . t section 32 , Gov s ip 2 S North, Ran re 2 1 Wes t, P _M -M , F I athaacL County, Montag., wH cox is a p it-; thence ortn " 3 ' $� ,:.Faso {=3..,nd.along the West h uiadar of aid u-h est Quarter of the South,%aest ua:: t r , a distance of 45 . fee to a and theTiae P-int of, e i i 4.T t � � �. xd ; thence cont.Jnuing T f ; .'' t '? a "?" A' a- point.; t he` n scuts 1' 7 f 4 Z st x a t- noe f 1-0 . 50 -eet �. p int on �ti WeSt r3-ght r11hite,:'_,_-I:3h St -age road; thence South 0000310811 East vmdon -,; West 'MrI t of ay, a dJt .c CI ? _ 6 orth 3 9 4 5'-07 f 04 wee t:, -a distance of i 0 .7feet to the o_iza of 13eginning. SU-2JECT TO Wat Qr Sys ZiML A .GalM n t upan the ternms, , condom t ? ns and provisions co,-,t-aimed therein: A Dui Hs,eo d Walter L . McPlheeters azd woes W . cPh eters EC RDED ; Ju . t ry o , xx o 4 Page , records of Flat ea County, cia SUBJECT TO Village cctmty ,fewer District Levy of Assessment, recur d S p-Cem er 2, 19 :Doc. No- - 8 4 - 8 , records of" F F t ea Czunl-y, T `T G boo* .r .� road an U� 14 t xr€znt along;� the Westerly ka u d ,rt �o � an 'erta-Hcas-e of Spey �Ta . 49 _ SU_jRJjECTDTHe e eCt : of restrictions contained =n Ce�rt-lzicaLte of u ivisio-21 Plat- Approval, . o ord,=:.d with Ce.�tifIcate of ,Su- ,rey -No- 9490, recorded m , 198 , as Do . No- racords of Flathead Lco,, .ity, o ta_na . 1.3UB ECT, TO 12-ner nt (-�, *e t in wi t ��o.- toracons t u b -icon Purposes along the ;,�. Eastern boundary, : September ptem€ er , 1999, as Doc_ O_ 1999- ' 2-0948 +, r ordE� '.3` i F -La t ead CC,"Su t ,, Mna . SUBJECT TIC-) DI.D `ICGE ' t,. IT right of way amd easenr.sestablishedor of z scar d , ...... ... STATE OF County of Flathead SS Recorded at the request of this day Gf 1t)6L- at � A-� o'clock and recorded in the records of Flathead Courlty, State of Mo tmm.-Pe� e d , RECEPTION NO. I 1�b3 ............. .._200244350 / D Tlathead Cmnty Clerk and Rex-m (f RETURN TO...... - ) r 1CA 5K ct P o U. uu BUFFALO S TA E 2'. 5 12'�r 21 p'erty 2 7 2 23 l.' RIB o 8 U. 9 a' 15 18 n 10 17mi 51 2 RA-3 5 4 WES�RGREEN DR . 4 c 0 Rww2 STAFFORD �S�T 1 12B VICINITY MAP scams 1 200' JOHN & BOBBI BONNER A REQUEST FOR ANNEXATION & INITIAL ZONING QF B-1 NEIGHBORHOOD BUFFER DISTRICT, FROM COUNTY RA-1 RESIDENTIAL APARTMENT DISTRICT PWT DATE 12/2/05 -,.W.ILE# KA-05-20 H:\gis\site\ka05-20.dwg pity of Kalispell Planning Department 1 - 2dStreet East Suits 1 , Kafi, Montana 59901 Telephone: 4051-1 o Fax: 406) 751-1858 'ems: kafispeUplanning.com MEMORANDUM TO: Kalispell City Staff Other Interested Peres FROM* Torre Jentz, Director <�� RE: January 10, 200 - Kahspell Planningoar Meeting DATE* December 20, 2005 These items wiH go before the Site Development Review Committee in the Kahspefl Building Department on the fdHowffig dates: 0 Dec 22 - rnitial Review • Dec 2- Staff " Comments Please Nate: Not all of the projects listed will warrant your consideration or comments - only those within your applicable area of jurisdiction or review. Final Comments By: December 30 so that they can be �x corporate into the staff report for the January 10, 2006 public hearing. Please bring your comments to the above referenced site re riLew committee meeting(s) or submit your comments in writing or by phone so that they can be incorporated into the sty report to the planning board. You can reach me at 751-1850 or e-mail at �entz(iDkalis-oeH.com, 1. . request by James 8& Karen. Hohnquist for an initial zoning designation of R-2, Single Family Residential, upon annexa on to the city of Kalispell on approximately 2.54 acres. The property is located at 405 West Evergreen. Drive just east of Whitefish Stage Road. 2. A request by Luther French for an initial zoning designation of - 2, Single Family Residential, upon annexation to the city of Kalispell on appro=.atel r I acre. The property is located at 1624 Woociland Avenue. 3. A request by John & Bobbi Bonner for an Medal zoning designation of -- , Neighborhood Buffer District upon annexation to the city of Kalispell on apprwdmately 2 acre. The property is located at 1322 Whitefish Stage Roach, now of Nest Evergreen Lrie. . A request by Jody �ddleton & Lori Fisher for a conditional use pest to for the construction of a three -mot townhouse in addition to a single family residence that c=ently is on the property. The propel is located at 1310 — 6th Avenue West A m Kalispell and is zoned R- , Two Family Residential.. 5. A request by Montana Coerce, LLC for an =.ti,,d onm* designation o -2 , Genera. Business, upon a=exation to the city of . on approximately 1 acre. The property is located at 29 10 Highway 93 South at the intersection of cemetery Road. request by Montana Commerce, LLC for a conditional use pest to allow the operation of a Tavern/Casino at the current Town Pump gas station located at 2910 Highway 3 South at the intersection of Cemetery Road. A request for annexation and U" tial zoning has been filed concurrently with. the conditional use permit application. If you need additional information regarding any of these items, please call rne, Thank you for taking the time to review and comment on these items. c: w attacent . F. Ray Rufatto, Fire Dept. Mike Baker, Parks and Rec James Patrick, City Manager P.J. Sorenson, Zoe istrator Roger Krauss, Police Dept. Fri castles, City Eng.eer U'n Ha, Public Works hector Mark Crowley, Colastructioti Manager Satiny VVheeler, Co -- - nunit ` Redevelopment Susan Moyer, Community Development Director Craig Ker=an, Chef Building Inspector Charles Harball, City . ttor e r MO,, Local MOOT, Land Planning Division Helena Charlie Johnson, County Road Dept. Evergreen. Fire Dept. South Kalispell Fire Dept. c: w/o attachments: Applicants City of Kalispell Planning Department 1 - Street Easy, Suite 211, Kalise , Montana a 01 Telephone: o 51-1 o Fax: o751-1858 You are being sent this notice because you are a propel owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have are opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional infor ation. NOTICE OF PUBLIC H G PELL CITY PLANNIING BOARD AND ZONING COMMSSION January 10, 2006 The regular meeting of the Kalispell City Planning Board and Zorn'ng Commission is scheduled for Tuesday, Janus 10, 2006 beginIningM in the KalispeR city Council Chambers, Kalispell City lull, 312 First Avenue East, Kalispell. The plannmg board will hold -a public hearing are.d take public comments on the fo .ow. agenda items. The Board will make a recommendation to the KaEspell City Council who will take final action.. 1. A request by James & Karen Holmquist for are it tiai zorn'ng designation of -2 , Single Family Residential, upon annexation to the city of Kalispell on approximately 2.1654 acres. The property is located at 405 West Evergreen Drive just east of Whitefish Stage Road and can be described as Assessors Tract SA located M Section 32, Tovmship 29 Now, Range 21 West, . M.111, . , Flathead County, Montana. 2. A request by Luther French for an M' Iti.al zonmg designation of R- 2 , Single Famrly 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., 6 HA, 6HB , 6 HBA, and Lot 3 2 A, Block 1 of Green Acres M Section. 1 , Township 28 North, Range 21 Nest, P. I.M., Flathead County, Montana, 3. A request by Joni & Bobbi Bonner for an 'tia.I zoning designation of -1, Neighborhood Buffer District upon annexation to the city of Kalispell on a. roar. ateiy 1 2 acre. The property is located at 1322 Whitefish Stage Road, north of West Evergreen. Drive and can be described as .Assessors Tract 5F or 'bract 1 of Certificate of Survey No, 9490 located in Section. 32, Township 29 Norte, Range 21 West, . M. M. , Flathead County, Montana. . A request by Jody Middleton & Lori Fisher for a conditional use permit to allow the construction of a. three -unfit townhouse in addition to a single family residence that currently e:�dsts on the property. The property is located at 1310 — 6thAvenue West Kalispell and is zoned -, Two Farm'iy Residential. The property can be described as assessors Tract 8TH located in Section 18, Township 28 Now, Range 21 West, P.M.M., Flathead County, Montana. .A request by Mona Coerce, LLC for an mitiaL zonmg designation of -2, General Business, upon annexation to the city of spell on a r ."dMa e y I acre. The propeer is located at 29 10 lEghway 93 South at the intersection of Cemetery Road and can be described as Assessors Tract 5A located in Section 29, Townsbip 28 Now, Range 21 West, . M. M., Flathead Ceianty, Montana. . A request by Montana Commerce, LLC for a conditional use pest to anew the operation of a Tavern/Casino at the current Tow. Pump gas station located at 219 10 Highway 9 3 South at thLe intersection of Cemetery Roach. A request .for annexation and initial o has been filed concurrently with the conditional use permit application. The property can be described as Assessors Tract 5A located in Section 29, Township 28 North, Range 21 West, , M. M. , Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street East, Suite 2 11, Kalispell, MT 5990 1, and are available for public refer dig rear office hrs. Interested pers n are encouraged to attend the hearing and make their views are. concerns known to the Board. Written e mne is may be submitted to the .-City Planing Office at the above address, :6 r to the date of the hearing, or you may contact Tom #..Vent , Planning Director at 5 - r e- ma . a t!jntz(&,ka1iMe11.com for additional information. Sincerely, w, PlanningThomas R. Jentz Director NOTICE OF PUBLIC HE/'-\il KAU'E CITY PLANNING [ A D AND ZONING ("JOMMISSION January 10,2006 The regular meeting of the Kalispell City Plan- ning Soard and Zoning Commission €s sched- uled _,"OFTuesday, Janu- ary 10, 2006 beginning at 7,00 Ply in the Kalis- pell Qtv Council Cham- bers, KaIispell City Hall, 312 First Avenue East, ali;speli. The planning board will haid a public hearing and take public comments on the foflow- ing agenda items. The Board will make a rec- am endation to the Ka- lispell City Council who will take final action. 1. A request by Jaynes Karen Hofmquist for an initial zoning desig- nation of R- * 8ingie Family Residential, upon annexation to the city of Kalispell on ap- proximately _ 4 acres. The property is located t 405 West Evergreen Drive just east of White- fish Stage Rod and can be described as As- sessors Tract SA locat- ed in Section 32, Town - hip 29 Forth, Range 21 West, P,M. ., Flathead County, Montana. . A request by Luther French for an initial on- Ing designation of R- , Single FamilyResiden- tial, upon annexation to the city of Kalispell on approximately i acre. The property is located at 16224 WoodlandAve- nue and can be descri- bed as Assessors Tracts B A, 6HA, 6H8, 8 B , and Lot 32 A, Block I of Green Acres in Section 17, Township 8 North, Range 21 West, P . M. ., Flathead County, Montana. . A request by John Bobbi Bonner for are ini- tial zoning designation of 8-1 , Neighborhood Buffer District upon an- nexation to the city of Kail oeil on appr -1- rnatei 1/2 acre. The prooerty is located at Whitefish Stage Road, north of West v- ergreein Drive and can e described as es- �ors Tract F or Tract � of Certificate of Survey . o. � located in erection 2, ownship Forth, Rance 21 West, I . . _. Fi the d Cauntyt Montana. . A request by Jody Middleton & Lori Fisher for a conditional use permit to allow the can- struc}io f a three -unit townhouse in addition to a single family resi- dence that currently ex- its on the property. The property is �ocatad at 1310 — 6th Avenue West in lafispeii and is zoned R- , Two Family Residential. The roQ- erty can be described as Assessors Tract 8T located in Section 18, Town hip 26 Borth, Range 21 vVest, F.M.M., FlatheadCoun- ty, Montana. . A request b .Monta- na Commerce, LC for an initlai zoning desig- nation of B-, General Business, upon annexa- tion to the city of Kaiis- pell on approximately 1 acre. The property is lo- cated at 2910 Highway 93 South at the inter- section of Cemetery Road and can be de- scribed as Assessors rraact 5A located inSec- tion 29, Townsh8 North, Range 1 tstr I.M.M., FlatheadCoun- ty, Montana. _ A request byMonta- na Commerce, LLC tor a conditional use permit to allay the operation of a Tavern)Ca ino at the current Town Pump 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 ri't the conditionai use permit application. The proper- ty can be described a Assessors Tract 5A lo- cated in Section 29, Township 28 Forth, Range 21 West, P . .li ., Flathead Coun- ty, Montana. Documents pertaining to these agenda item are on fife for puisc in - section at the Kalispell Planning Department, 17 Second Street East. l Suite 11, alispeil, T 59901, and are availa- ble for public review during reguiar office hours• interested persons are .nccui' ged tc attend ;he hearing and maker :heir views and con{ :erns known fto Le ord. Written Com- ments may be smlt- 'ed to the Tri-City lan- 'ing Office at the above address. prior to the date of the hearing, or you ray contact `tom -Jn z, t =anning Director STATE OF MO ANA FLATHEAD COUNTY AFIDAWT OF PUBLICATION SHERI CONKLIN BEING- DULY SWOTuN DEPOSES AND SAYS. THAT SHE THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRRNTED AND PIUM LISHEDN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD STATE OF M NTANA AND THAT GAL ADVER ISMENT WAS PRINTED AND PUBLISHED 11"q THE REGULAR AND NT= ISSUE OF SAID PEER, AND E\T EACH AND CRY COPY THEREoF ON THE DATES OF DEC 2 AND THE RATE CHARGED FOR THE AB VE PRINTING DOES NOT EXCEED THE MINIL G fNG RATE CAGED T ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED � U1 IBER OF INSERTION 5 t r o- S and sworn t Before me this AD DEC 2612005 �5 Nary Public for the State of Montana Residing in Kalispell MV Commission expires9111/09 at i4uti f-J-IB50 r e- aii him at tjent kafi,,,,- Peii.corn for additional information. lsrThornas R'. Jent Thomas R, Jentz I #annin .Director z-'�e),�ce ber 25, 2005. CERTIFICATION APPLICANT: John & Bobbio.e ' CPO FILE NO: KA-05-2 the undersigned certify that I did this date mall via First Class mail a copy of the attached notlice to the Following list of landowners adjolining the property lines of the property that is requesting annexation. Lot/Tracts# 5F f r r Property Owner/Mail Address: John & Bobbi Banner 141 Riverv*ew Drive Kalispell, MT 59901 Donna Johnson 5 South Main Street Kalispell, MT 59901 AND ATTACHED LIST John & Bobbi Bonner Dora Johnson 141 Riverview Drive 1045 South Mam Street Kalispell, MT 59901 Kalispell, MT 59901 Ryan & Eberly Wakefield Travis & Vicki Willeut 114 Buffalo Square Court 118 Buffalo Square Court Kalispell, MT 59901 Kalispell, MT 59937 Richard & Julie Early W.J. & Catherine Lane 11 I Buffalo Square Court 100 Buffalo Square Court Kalispell, MT 59901 Kalispell, MT 59901 Kev�r & Heidi Rendina John & Louise Barker 102 Buffalo Square Court 1302 VVbitefish Stage Road. Kalispell, MT 59901 Kalispell, MT 59901 Shane McChesney William Cory 123 Buffalo Square Court 115 Buffalo Square Court Kalispell, MT 59901 Kalispell, MT 59901 Church of Jesus Christ Latter Day Helen ova Saints, Tom. Division22dfor � Buffalo Stage 5 E Corti Temple Kalispell, �� 991 halt Lake City, UT 84150 City Clerk Flathead Count City of Kalispell Penco of Montana, Inc. P.O. Box 1997 800 South Maims Street Kalispell, MT 59901 Kalispell, MT 59901 Delores Stroh., Compliance Spec. a1 e�� Liquor Licensing 106 Buffalo Stage Kalispell, M` 59901 P.O. Box 1712 Helena, MT 9 - 171 2 Michael & Leslie Fellers 2140 S Highway 93 W Whitefish MT 59937 Michael & Peggy Stratton 119 Buffalo Square Court Kalispell, MT 59901 Village Plaza Incorporated 38 Village Loop Kalispell, NU 59901 atr'ek & Stephanie Gulick 110 Buffalo Square Court Kalispell, MT 59901 Gregory & Jean Harris 109 Buffalo Square Court Kalispell, MT 59901 Corporation, of the Presiding Bishop Tax Division 22 d Floor o E North Temple Salt Lake City, UT 84150 CenturyTel of Montana, Inc. T146 Attn: Robert . . Rash & Asso. P.O. Box 1600 Rowlett, TX 75030 Jeff Harris Flathead County Planr ; 1035 First Avenue West Kalispell, MT 59901