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2. Resolution 5124 - Annexation - Riebe and WebsterCity of Kalispell Planning Department 7 - 2nd sued East., Suite 21 L, Kalispell., Montana 59901 Telephone: (406) 75 -1850 Fav, (406) 751-1858 Te s t . kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM* Sean Conrad, senior Planner ner James H. Patrick, City Manager SUBJM : Allen & Nina Rie e, William & Cindy R.e e, and Polly Webster fimnexat .or. and lr tial Zoning of R-2 Single Family Residential, Southern side of Three Mlle Drive apprommately 400 feet west of the intersection of Three Mile Drive and Stfflwa.ter Drive. MEETING DATE: duly 3, 2006 BACKGROUND* This is a request by Alen and virgi a. Riebe, William . and Giddy R.e e and. Polly Webster for annexation and initial zoo of R -2, single Family Residential, on approximately 2. acres located at 386 and 394 Three Mile Dfive, Kalispell. It is the intent of the property owners to subdivide the property into 23 single family lots and connect the lots to city services. The Kalispell City Planning Board met on dune 13, 2006 and held a. public hearing to cons.der the request. Staff evaluated the proposed zoning and recommended initial zoning of City R-2 used on the surrou ,din ; city zoning and the Kahs ell Groff r'oliey. Erica Wirtala of Sands Surveying represented the o mer and spoke in favor of the proposal.. 'mere was no one else at the public hearing who wished to speak either in favor or in opposition of the proposal. After the public hearing and board discussion a motion n was -made and passed unanimously to for -ward a. recommendation that initial zoning for this property should be R-2, Singe Family Residential, upon. annexation. RECOMMENDATION: A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: S: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council, Riebe Webster Annexation June 23, 2006 Page 2 Respectfully suhmitted, Sear. Conrad Senior Planner Report compiled: June 23, 2006 es H. Pa ' ek ity Manager Attachments: Transmittal Letter Petition to Annex Cost of Services Report Staff Report #KA-06-04 and application matefia1 Minutes 6/13 6 laming board meeting. Theresa White, Kalispell City Clerk Ret .r to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION No. 5124 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY of KALSPELL BY INCLUDING 'THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY9 MORE PARTICULARLY DESCRIBED ON "EXHIBIT A", LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P,M.M., FLATHEAD COUNTY, MONTA.NA, TO BE KNOWN AS RIEBEIWEBSTER ADDITION No. 3 I; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KAL S E L ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE ATE. WHEREAS, the City of Kalispell has received a petition from Allen and Virginia Liebe, William and Cindy Riebe and Polly Webster, the owners of property located along the southern side of Three Mile Drive approximately 400 feet merest of the it terse Lion o Three Mile Drive and Stillwater Drive, requesting that the City of Kalispell apex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the Riee/Webster Annexation Request, #IAA-06- , dated June 5, 2006, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-2, Single Family Residential, on approximately 12.84 acres 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, Part 46, Montana Code rotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF K.ALISPE L AS FOLLOWS: SECTION 1. 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 shall be known as Riee/Wester Addition No. 3 8 1. SECTION 11. 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 o these proceedings as are entered on the minutes of the City Council and file said documents rite. the Flathead County Clerk and Recorder. From and after the date of filingof said documents as prepared by the City Clergy., 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 be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same r'vilees and benefits as are other parts of the City. SECTION 111. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCEL AND SIGNED BY THE MAYOR of THE CITY OF KAL S1 E L, THIS 3RD DAY of JULY, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT 66 '5 A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER of SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANTA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGGING at the southwest corner of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28 North, Range 22 vest, P.M.M., Flathead County, Montana which is a found iron pin; Thence along the west boundary of said NW 1 NW 1 N0 4 2' 1 " E 1248.78 feet to a found iron pin on the southerly RIW of Three Mile Drive; Thence along said R/W N ° ' " E 4 5 0.0 feet; Thence leaving; said R/W SO442`48"�W 1246.27 feet to a found iron ire-, Thence S 913 ' " W 450.11 feet to the point ofbeginning and containing 12.844 ACRES; Subject to and together with all appurtenant easements of record. KA-06-4 Riebe Annexation Cost of Services Analysis (Residential) Once annexed to the City, fuU City services -w l be made available to the property owner. Any necessaxy infrastructure associated with this development will be required to be constructed m accordance with the City of Ka .is ll"s Design and Construction standards and any other development policies, regulations or ordinances that may apply. Note that grater and severer are available to the immediate merest via. Bowser (Asper) Creek and will e extended to the property at the time the applicant develops his propose. 23 lot subdivision called Diamond Ridge. Number of Dwelling Units propased to be annexed 23 single family houses Estimated Increase in o la.tlon: (based. on US Census Figure of 2.2 per household) 46 Cost of Sakes Per clta. costs Fire; $. per person per year. Additional costs to the fire department Police: $110 per resident per year. Additional cosh to the police department A dniinistra.tior: $39.48. Additional cost to administration 46 x 110.00 = $ 5,060 46 x 39.48 $ 1,816 • Solid Waste: Additional cost to solid waste (none for five years) = $ 0 Lineal Feet Costs: (Approxi-mately 1,120 Deal feet of now road, grater and sewer maims) Roads: $1.14 per Deal foot Additional cost in road maintenance 1,120 x 1.1 11277 * Water: $3.44 per lineal foot Additional cost master line maintenance 1,1.20 x 3. $ 31P3 * Seger: $5.50 cr l cal foot Additional cost in sewer maintenance 11 120 x 5.50 = $ 6J60 Storm sewer maintenance .ance cosh: Average Square o of per lot - is is capped at ' a . 1 No. of units x square foot x 0.004018 o x $0.004018 $ o Total Ant ,te , Cost Sege * $21, 32 Anticipated Revenue Generated .assessments based on sq re foots e: Average square foot per Iot: 19,696 square feet Storm severer assessment $0.004018 per square foot Revenue from store sewer assessments 23 x 19,696 x $ . - $ 1 # 2 Street maintenance nance assessment $0.0101 per square foot Revenue from street maintenance assessments 23 x 19,6 x $ - 0 10 1 $4,575 Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 23 x 19,696 x $0.00135 $611 Special Assessments: There are no special assessments. .ts. $ o Generalrevenue: • Assessed value per property: $ 2 ,000 douse Total assessed value: 23 x 275,000 61325,000 Total. taxable: ,325, oo x 0.03543 = $ 2 �09 • Total additional general revenue based on 170 rrll lei: $224,095 x o.1 0 - $ 38,09 Total Revenue Generated to the City $451,102 NET ADDITIONAL ANNUL REVENUE TO THE CITY* 23 NOTE.* This information s based upon assumptions regarding building valuations and does not take 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 anti i ate l cost of services and revenue. : FRDO\ ANSM AL \ KA-- RIEBE C8T0FSVCS.D0C 2 City of Kalispell Planning Department 7- 2 Street East., Suite 2111., Kalispell, Montana 59901 Telephone: o 7 1-1 5o `av o6 751-1858 We si e: kalispellplanning.com June 27, 200 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalls e ., MT 59903 Re: Allen & Virginia Rie e, Wiffiam & Cindy Riebe, and Polly Webster - Annexation and Initial Zoning of R-2 Single Family Residential Dear Jim: The Kalispell City Planning Beard reset on June 13, 2006 and held a pubhc hearing to consider a request for annexation and are initial zoning designation of R-2, single "'amity Residential, on approximately 12.8 acres locate. at 386 and 394 '' ree Mile Dave, Kalispell. It is the intent of the property owners to subdivide the property into 23 single fanifly lots and connect the lots to city services. Sean Conrad of the Kalispell Planning Department presented staff report K.-o -o eval atl the propose. zoning. Staff recommended initial zoning of City R-2 based on the surrounding city zoning and the Kalispell Groff Policy. Erica Wirtala of sands Surveying represented the owner and spoke in favor of the proposal.. There was no one else at the public hean'ng who wished to speak either in favor or in opposition of the proposal. Ater the public .ean'ng 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 July 3, 2006 regular city council meeting. You may contact this board or Sean Conradat the Kalispell Planning n e artme .t if you have any questions regarding this matter. Ri be/Webster Annexation June 2, 2006 .e Sincerely, Ka is efl City Planning oarr Timothy Norton.. Vice President Attachments: Staff report #KA-06-04 and applicationmaterials Mm' ute of the 6 / 13 / 06 planningboard meeting n e w/ Att: Theresa mite, Kalispell City Clerk e w/o Att: Allen and Virg�ma Riebe, vil.am and Cindy R.ebe, Polly Webster, 394 Three Mile Drive, Kalispell, MT 59901 Erge Mulcahy, Sands Surveying, Inc., 2 Viliage Loop, Kalispell, MT 59901 R.IEBE WEB STER INITIAL ZONING UPON ANNEXATION KALISPELL PLANNING DEPARTMENT STAFF SPORT#IKA-06-04 JUE 51 23 report to the Kalispell City Planning Board and the KahspeH City Council regarding a. request for an Ar al zoning designation of R-2 upon annexation to the city of KaEspeR on a ro�.a e y 12.8 acres. A public hear' has been scheduled before the planning board for June 13, 200e at . oo PM in the Ka s el City Council Chambers. The planmng board will forward a. recommendation to the Kalispell City Council for fmal action.. BACKGROUND .21FORbUTION This report evaluates the a. ro n'a.te assig=ent of a. City zoning classification in accordance with section 2 . o3. o t o of the KalispeU Zoning Ordinance. The petitioner would like to sex m order to receive City services. A Petitioner and Viers: Alley and Virginia Riebe William and Cindy Rie e Polly Webster 394 3 Mile Drive Kalispell, MT 59901 (406) 52-o to Technical Assistance: sands Surveying, Inc. 2 Village Loop Kalise, MT 59901 (406) 55- . Location and. Legal Description of Property: 'Ihe propel proposed for annexation lies along the so t em side of Three Mile Drive a roll='a.tely 400 feet merest of the intersection of Three Mile Drive and stfflv a. er Drive. The propel contains approximately 2. acres and can be described as Assessor's Tracts 3ABB, 3AC, 3AD, 3AB, 3 CA located within Section. 12, Township 28 North, Range 22 West, . M. M. , Flathead County, Montana. C. E7dsting zoning: This property is in the County zoning jurisdiction and i zoned County R-1, Suburban Residential. This zoning designation has a minimum lot size requirement t of one acre and a minimum lot width of 150 feet The County zoning code states that the purpose of the R-1 district is to provide estate -type development and that the R-1 zoning would no=a.11y be located in rural areas array from concentrated ur are development, typically not served by water or surer services, or in areas where it is desirable to pe=it only .ow - density development. Proposed Zong: The proposal would designate the property as City R-, a residential zoning districtthat anticipates single-family homes as a. primary use. The rnm*imum lot size requirement for the R- 2 zoning district is 9,600 square feet} E. S e: The property proposed for annexation and zonmg cores approximately 12.84 acres. land Use: Currently this property is big used for agricultural poses and is developed with two single fir dwellings. fir, Adjacent Land. Uses and Zoning* The area can be described as being located in a urbanizing area of the City as numerous subdivisions have been given preliminary inary plat approval to the now and west of the project site along Three Mile Drive. Although some of these s div-isions have not been filly built out o date some, such as Empire Estates, Blue Heron and Cottonwood, all located on to north side of Three Mile ]Drive within 1 rr le of the lots requesting annexation, have sold and developed many of their lots. This has completely changed the mature of Three Mile Drive and has taken the immediate area around the sites requesting the initial zoning o -2 from a. predominately agricultural lard use to urban residential land use. North: Residential development, City R-4 zoning Souk: Residential development, County -2 zoning East. Residential development, County R- I zoning West: Residential development, city R-2 U Genet Land Use Character: The general land use character of the area is urban residential development o the north, south and merest with suburban residential development M the County to the east. I, AlaWit` of PubUc Services: City grater and sewer services are being extended across Three Mile Dave to the south in order to serve Bowser Creek Estates and Aspen Grove subdivisions located to the west of the project site. A State secondary highway, Three Mile Drive, will provide primary access to the site and is adjacent o two of the tracts requesting annexation and initial zonmg. EVALUATION BASED ON STATUTORY CRITERIA The sta. tory a.sis for reviewing a change in onm'g is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemiwd criteria described by -2-203, M.C.A. Does the requested zone corms with the MasterPlan? On Fermi 18, 2003 the Kaspell City Council adopted the KalispeH Groff Policy which designates this area as Urban Residential which anticipates a density of 3 to 12 dwelling its per gross acre. This propel is proposed for R-2 zoning, a residential a zoning designation that anticipates sine- amiy homes as the primary use on lots not less than 9,600 square feet i size or approximately 3. 5 dwellings per gross acre. The proposed zormg designation is in substantial compha ice with the fine lard use designations of the Ka .a.s ef. Groff Policy and can be considered to be appropriate for the area.. 2 2. 3. A s the requested zone desigEled to lessen congestion m the streets: It can be anticipated ated that the proposed development of the property that will be associated with the zoning will increase traffic impacts in the area due to the undeveloped nature of the property. Traffic impacts to the area can be accon.od.ated with the existing roadway, a State secondary highway. The proposed rezoning is not designed to lessen congestion M the streets but also is not anticipated to create additional congestion on the streets in the area.. WE the requested zone secure safety,from Saxepanic and other d? There is no obvious increase in risk related to the proposed zoning district which would impede fire or police access to the site. Access for ire and other emergency services is generaUy good. Will the requested zone promote the health and general welfare? Because this annexation will enable the property owners to connect to public sewer and. develop the proper-ty with full public services, the public health and welfare o the community will be served. Will the requested zone rovi e for ade ate light.,and air Any uses established on the site will be required to meet the development standards for the district dealing with. setbacks, height limits and lot coverage. These standards are designed to provide for adequate light and air. Will the requested zone prevent the overcro rdino ` land The requested zoning designation is consistent with the type of development which would be anticipated under the Kalispeli Groff Policy and wound be able to be accommodated within the land area under the proposed ors. The requested one wili not contribute to the overcrowding of land. . Will the.requested zone avoid undue concentration of peo-ole? An mcrea.se in the number and concentration of people in the area wM likely result after this land has been converted. from are agncultural use to a more mtensi 'e residential use. There will be a more intensive use of the property, however, with the intensity of the uses of the property in direct relationship to the availability o public services, utilities and facilities .ties as well as compliance ce ith established design standards. The design standards and availability of facilities would provide the structure needed to insure that there wiU not be an overcrowding of the land or nd.ue concentration of people. Will the re nested zone facilitate the adequate, provision of transportation, grater., sewerage.,..schools arks and other public requirements') The owners of the lots requesting submitted a. 23 lot subdivision annexation. If the annexation., approved, public service, facilities annexation and U' tia , ors of R-2 have also proposal for the properties included in the initial zoning and proposed subdivision are and inftastrctre would be made available to 3 the developer. The developer would need to extend the needed City services that are not e=ently extended to the property at the developers' expense and in accordance with. the City's policies and standards. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There wiH be impacts to services that can be antic'1P ated as a. result of this proposal which can be met by the City. _ noes the requested zone `ve eonsldera.tiorr to the articular suitability o the ro elly or particular uses . This rezoning gives great consideration to the suitability of this property for the proposed use and furthers the long range development l arcs as reflected the adopted Kahspell Groff Polley for this area. 'Ile requested zoo g also provides opportunities for housing in a development that is compatible with surrounding rig laid. . noes the requested zone 've reasonable consideration to the character of the district? The general character of the area is ijrban residential and rural residential. The proposed zoning allows urban residential development to address needs within the community for housing in reasonable proximity to the City care. Recent annexations in the area. .diea.te that this tie of residential development t ill confine to occur on the urban fringes of the community and be developed with smear types of uses, i.e. urban residential rather than rural residential or suburban agriculture. 11. Will the -proposed zone conserve the value of buildings? There are single-family residential subdivisions to the west, south, and east that are under development with sitar lot sizes. The development anticipated ated ceder the proposed zoning may be more intensive in nature than that of other properties to the east because of the availability of public services and utilities, however, the City standards wi insure that there is high quality development that wil insure the value of buildings and homes are protected, maintained and conserved. 2. Will the requested zone encoLiran e the most gqppropriate use of the land throes out the jurisdiction? The Kalispell ell Groff Pohcy future lard use designation anticipates the zoning district being proposed amid tie uses antic*dated .ilia the o= district for the area. The proposed zonmg encourages the most appropriate lard use for this property and throughout the planning jurisdiction. RECOMMENDATION It is recommended that the Kahspell City Planning Board adopt Stair Report #KA-06-4 as I"mdins of Fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be r -2, Single Fly Residential, on approximately 12.8 acres as proposed on the attached vlen'U'tr map upon annexation to the City. Sc 4 CI*ty of Kali"spell Punning Department D JE sa �7. 1 Seet East, Suite 1 1, Kalispell Mona L L P �� Telephone:7_51-1850 Fax:751-1858 PETITION FOR ANNEXATION ION AND INI" UL ZONING NAME of APPLICANT; Allen and Vrginia Rieke Wi m*m and Cindy Rie e and Polk Webster MAIL ADDRESS:-394 3 Mile Drive C= S 'AT'EZ1P: his elf MT 59901 ONE:- o - o 10 INTEREST IN PROPERTY: owners offer Parties of Interest to be Notified: PARTIES of WUREST: See Above ADDRESS:. CITY/STATE/ZIP: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: PHONE Address of the property: 386 and 394 3 Mile Drive Legal Description: Assessor's Tracts 3ABB, 3AC 3AD 3AB3ACA in Sermon 12, T28N, R2W ,M.i. (Lot and Block of Subdivision; TW (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land project e 12.844 yes The present zoning of the above property is; R- To The proposed zoning of the above property is: R-2 (Kalispell) State the changed or caging conditions that rye the proposed amendmentnecessary: The �e�ts .re ro �e at o o� subdivision o the subject ro � ro � is now within the urban confines of the Ctr of Kalis ell and wish to utilize City services as. part of the or and subdivision r nests . The sing of this action signifies that the foregoing infonnation is true and accurate based upon the best information available and further grants approval for Kalispell Planning sty to he present on the propel for ro me m won Jig the � �o process.A A (Applicant Tto /21 7 (Date DESCRIPTION. ,BONE CHANGE & ANNEXATION A TRACT OF LAND, SITUATED,, .TED, LAG AND BEING IN TBE NORTHWEST QUARTER OF TIAE NORTHWEST QUARTER OF SECTION 12, TOWNSHW 2 NORTH, RANGE 22 WEST, P.M.,m*� FLATIHEAD COUNTY, M NTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT. BEGINNING at the southwest comer of the'Northwest Quarter of the Northwest Quarter of Section 12, Township 28 North, age 22 West, .M.M., Flathead County, Mona which s a found iron ; Thence along the west bounce of said NW I ANWI N %%2' 16"E 1248.78feet to a found won pin on the southerly RfW of Three Mile r* ; Thence along said R/W N89 '4'T 450.09 feet; Thence vm'sm-R/W S 04° od2' "W 1246.27 feet to a found iron ; Thence S %%d3 9' 3 3 "W 450.11 feet to the point of fcontaining 12.844 ACRES; Subject to and together with all appurtenant easements of record. r .etu to: Theresa mite Kabspefl City Clerk P_o. Box 1997 Kalispell, M` 59903 PTMN TO ANNEX AND NOUCE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition tlhe City Council of the City of Kalispell for annexation of the real properly described below into the City of Kalispell. The Petitioner requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually all agree with the Ci of Kalispell that immediate) upon annexation of the land all City of Kalispell municipal services will be provided to the propel described herein on substantially the same basis and in the same maser as such services are provided or rude available to other properties within the rest of the municipality. Petitioners hereby state that there is no reed to prepare a Municipal Annexation Service Plan for this annexation pursuant to Sermon 7 -246 10, M.C. _ since the parties are in agreement as to the provision of mumicipal services to the property requested to be annexed. The Petitioners farther herein express an intent to have the property as herein described withdrawn from the West Valley Rural Fire District under the provisions of Section .� - -212 1 Montana Code rotated, and that incorporated into this Petition. -to hex is the Notice requirement pursuant to saidSection; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the propel shall be detracted from said district. In the event the property is not immediately annexed, the Petitioners farther agree(s) that this covenant shall run to', with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above de er-bed property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities tom the City of Kalispell. This City hereby agrees allow Petitioner(s) to connect and receive all available utilities from the City* of Kalispell cll excluding solid waste services. MCA 7.2-4736 prohibits the city from providing solid waste services to this propel for a minimum of 5 years from date of annexation. eitierlwner .mate NOTE: You must attach are Exhibit A that provides a boas fide legal description of the propel to be annexed, STATE OF M4NTANA ) ss County of Flathead County this�� On before me, the undersigned, Notary Publicfor the State Montana, personally appeared ... , known to me to be the person whose name is subscn'bed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS VnEREo , I have hereunto set mv hard and affixed my Notary Seal the day and ear in this certificate first above Witten. r f Notary blre. State} f Vntaa S Residing at My Commission expires; STATE of MoNTAN SS County o Flathead County f� �. ' before me o01- the undersigned, . NotaryPublic - the State of Montana, pers6nally appeared -4- A-d,�l%-i , � known to me to be the person whose name is subscribed to the foregoing instrument;and acknowledged to me that he/she executed the same. IN WITNESS VaMREo . I have hereunto set my hand arrd affixed mv Notary Seal the day and year in this certificate first above w tten.. - ," x , , - /J;� �otary Public* Sta; 6of Montam Residing at 'fie My Commission e . res:. X7�-Iez STATE OF MONTANA ) ss County of Flathead On this day of before me, the undersigned, a Notary Public for The State of Montana- personally appeared F ` -- and the 7� # and 10/ 'e jV i� respectively, of the corporation that executed the foregoing i stnnnent, and the persons wh executed said instnnnent on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WIT-NESS WHEREOF., I have hereunto set my hand and affixed my Now Seal the clay and Tear in this certificate first above written. Notary Public, State 6f Montana Residing at +� MN! Commission expires 0,5 L,� 2: Z. J_ DESCRIPTION: ZOO CHANGE & ANNEXATION A TRACT OF LAND,, SITUATED, LAG AND BEING IN THE NORTHWEST QUARTER OF TBE NORTHWEST QUARTER OF SECTION 12, TOWNSHfP 2 NORTH, RANGE 22 VvTS ,, .M.,,M., ATBEAD COUNTY, M N ANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIC`. BED G at the southwest comer of the Newt Quarter of the Newest Quarter of Section 12,, Township 28 Now age 22 West, .M.,M., Flathead County,, Mona which 's a found iron ; Th.e.ce along the west bounce of said -NW1NW1 N04%%D 2' 16 'E 1248.7 8 feet to a found iron pm on the southerly RiW of wee Mile Drive; Thee along said RIW N 9 1/od5`4.4"E 450.09 feet; Thence leaving said RIW SO4% 2" '"W 1246.27 feet to a found iron m; Thence S 9%%d3 9' "W 450.11 feet to the point of begm=g and containing 12.844 CRES, Subject to and together with all appurtenant easements of record. mom" , t y I v .`..... :............... Pu 21 ......:............... { ..,,..{................ f .............. t;Coun ........ ... f ...... .............. ...... WY-NDOVER HILL IVISIbN .......... j... ....... ....... 1 11 1 4 p 8 D .............. ...... { . r { coull ...... . ..... . . ..... .... . ................. . ...... ................... .. { i VICINITY MAP V Q am >011 0 w cn 0 CL 0 x oun AG-1 R 3 SCALE 1" ALLFN k VTRGrlNlA RIEBE WILLIAM & CINDY RIEBE = 350' AND IF POLLY WEBSTER REQUEST FOR ANNEXATION & INITIAL ZONING OF R-2 SINGLE FAMILY RESIDENTIAL) FROM COUNTY R-1 SUBURBAN RESIDENTIAL) DISTRICT - FILED CONCURRENTLY WITH A PRELIMINARY PLAT PIDT DATE 5/3/06 FILE# -K-,-A- """" 0 6 '- 04 H:\gis\site\ka€38_4.dwg City of Kalispell Planning Department 17 -� Street East, Suite 1; K; Montana 59901 MEMORANDUM TO Kalispell Cif Staff Other Interested Par -ties Telephone: 4 - IS 5 o ax. 1858 - W t: kalispe11 fanning. c om FROM: Seams. Conrad, Senior Planner RE* Mai' I IthSite Review Committee meeting ATE: May 3. 2006 The proposed preliminary plat request and zone change are scheduled to go before the Kalispell City Planning Board on June 13 A request by Aden and Virginia Rie e, WiWam and Cindy Rie e and 'ol Webster for annexation, initial , o .i and subdivision of appromately12.8 acres located at 386 and 394 Three Mile Dtve, Kalispell. The properties are currently zoned County-1 (one acre mini -mum lot size). The owners have petitioned to annex into the City of Kahs ell. and acre requested the Clt R-2 (9,600 square foot minimum lot size) as well as proposmg a 22 lot residential subdivision. The lots within the subdivision would range from. 15,000 square feet to 27,00 square feet. The owners are also requesting variance to the cul-de-sac limits. The application notes that in order to serve propose. lots -12 a cul-de-sac would be extended from the Bowser Creek development, located i-mi e iateiv west, to this site. The Kalispell Subdivision Relations limit cul-de-sac lengths to a maximum of 600 Feet. The developer is requesting a cul-de-sac of approximately 30 feet to serve propose. lots -12. The properties included %n the annexation, initial zoning and subdivision can be described as Assessors Tracts 3Al l , 3AC, 3A , 3A. , and 3 CA located within Section 12, Township 28 North, Range 22 West. A request by Village Plaza, Inc. to change the zoning on 9.3 acres located on the north and east sides of Village Loop Drive from .A-3 esidentUd ApartmentOffice) to -1 (Neighborhood Buffer District). The land within the zone change can be described as Tract 5 located within Section 31, Township 29 North, Range 21 West. If vou need additional information regarding the above proposals please call rne, Are comments on the above projects sold be in to the Planning Department by June 1, 2006. The Site evie� Committee r eetin. is held at 1 * o a.m. on Thursdays at the Building Department located at 2 - 3rd Avenue., East in Kalisioell. Tank vou for taking the time to review a s ors ment_ v attachments: Brent Christopherson, Fire Dept. Mike .faker, ,darks are . l?ee James Pack, City Manager P.J. Sorensen, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jim Hansz, Public Works Director Mark Crowley,, Co.strtion Manager Sane Wheeler, Community Redevelopment � a Moor, Community`Development Director Crag Ke-z-=a , Chief BuildingInspector Charles HarbaE, City Attorney M, Steve Herzog Superintendent, Kalispell School District No. USPS, Susie Carter Land Planning, MD - Helena w/o attachments: -Npplicants City of Kalispell Planing Department 1 Street East, Suite 11, Kalispell, Montana 59901 Telephone: 1 -18 5 o Fay.: `751-1858 W s.1te: katispellplanning.com MEMORA,NDUM O: Kalispell City Staff Other interested Parties FROM: Sear. Conrad, Senior Planner E; May 18th Site Review Committee meeting DATE: May o Based on discussions during the Mav 11thSite .review Committee meeting the consultants for Diamond Ride Estates have redesigned the interior roads and have connected the two proposed cul-de-sacs. In doing so the owners have created one additional lot for a total of 23, the previous submittal. had 22 proposed lets. If you need additional information regarding the above proposal please call me. Axiy comments on the above projects should be in to the Planning Department by dune I, 2006. The Site Review Committee meeting is held at 10:00 a.m. Gn Thursdays at the Building Department located at 248 - 3rd Avenue, East it Xalispell. Thank you for ta.Mng the time to review and comment. e: w attar me .ts: Brent Christopherson, Fire Dept. Mike Baker, Parks and Rec James Patrick, City Manager P. J. Sorensen Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jim Hans , Public Works s Director Mark Cro rl v, Construction Manager Sandv Wheeler, Community Redevelopment Susan. Mover, Community Development Director Craig Kerr an, Chief Building inspector Curies larall , itv Attorney e : v attachments: Applicants CERTIFICATION APPLICANT: men Riebe, Ems/Diamond Ridge Estates FILE NO:, KA-06-04/KPP-06-03 , the undersigned certify that I did this date mail via CERTIFIED Mail copy of the attached notice to thefollowing list of landowners adjoining the property lines of the that 'is requesting annexation and a preliminary plat. h. Date S- -Ro 2-28-22 Lot/Tracts# 3ABB,,3AC-,3ADj3ABj,3ACA Prope Owner/Mail Address: Allen & Nimes Riebe William & Cindy Riebe Polly Webster 394 Three Mile Drive Msll, MT 59,901 Eric Mulcahy Sands Srveig 2 Village Loop AND ATTACHED LIST pity of Kalispell Planning Department 17 - 2nd Street Easy Suite11, Kalispell, Monte 5 9901 Tetephone: (406) 751-1850 Fax.- 40751-1858 You are being sent this notice because you are a property owner within 1150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional nforrna.tio .. NOTICE OF PUBLIC HEAREG KA,SELL CITY PLANNING BOA AND ZONING CP4MSSN June 3, 2006 The regular meeting of the Kahspell City Planrimg Board and Zonm'g Co fission 1- scheduled for Tuesciay, June 13 2006 beginning 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hail, 312 First Avenue e East, Kalispell. The pl nning board wW hold a public hearing are.d take public comments on the following agenda. items. The Board wiH make a. recommendation to the Kalispell City Council who will take real action. 1. A request by men and Virginia Rie e, William and Cindy Rie e and Polly Webster for annexation mitial zonmg and subdivision of apprwdmately 12. s acres located at 386 and 394 wee Mlle Drive, Kalispell_ The properties are currently zoned County - l (one acre minimum lot size). The owners have petitioned to annex into the City of Kalispell and have requested the City -2 (9,600 square foot rr rn'mum lot size) as well as proposing a 23 lot residential s ivision. The lots within the subdivision would range from. 15,000 square feet to 27,600 square feet, The properties included in the annexation, initial zorung and subdivision can be described as Assessors Tracts 3AB, 3AC, 3AD, 3AB, and 3ACA located within Section 12, Township 28 Nor.., Rage 22 Westw 2. A request by Wayne Turner to amend Empire Estates Phase 5 and add 7 lots to the approved preliminary plat. Fuse 5 Mclu es 12.3 acres with relrraxy plat approval for 64 lots. Due to a change in access to Phase 5 and a redesign of the subdivision roads and lots the over was left with additional la..nd outside of the 64 preliminaryapproved lots. It is on this additional lad the owner is requesting to add 7 lots. The property is zoned R- (Two Fay Residential). The propel can be escn-bed as assessor's Tract 3 located within the SW �,4of Section 1, ors l 28 North., Range 22 West. 3, A reqijest by Earl Johnson to change the zoning on a 9,400 square root lot located on the west side of Men'dian Road frorn R- (Two Family Residential) to - (Residential/ Professional Office). The property is developed with a. single family residence at 130 Meridian Road and can be described as Lot 1 of Block 11, Meridian. Addition located within section. 13, Township 28 North, Range 22 West. Blue Heron Ph 2A March 16, 20 Page ? A request by the city of Xalispeli to amend the Kalispell Groff Policy 2020 by ex-oanding the boundaries of the Growdi Policy northward -using the Stater River as the western. boundary, Ch rcH and Birch Drives as the northern boundary and generally following U.S. Highway 2, south to Pose Crossing. The Growth Policy ar nd ent -Is intended to give broad policy direction to groom M this area shod ro erW owners Va h to sex to the a*tv. The policy anticipates the extension o ..r are services incl u. sewer and grater into this area over time and is desired to guidance to this associated growth. . A I equest by the city of KaiispeH to amend Section 2 . .04 l of the Kalispell Zoning Ordinance specifically to allow for required arkin within the S ecia . Par' Maintenance i tr'ct No. 2(Downtown Kalispell) to be met by a cash-in- deia of parking payment. In addition, it is proposed that Special Pang Maintenance District No. 2 boundary (Appendix B, Fide 2) be e--�panded to include the Kalispell Center Mai bounded by Center Street, Fifth Avenue West, the N RR 'tracks and Norte,. Main Street. Documents pertaining to the agenda items are on file for public inspection at the Kalispefl Plying Departnent, 17 Second Street East, Suite 211, Kalispell, MT 5990 1, and are available for public review during remEa.r office hours. Interested persons are encotiraged to attend the hearmg and make their views and concerns known to the Board. Written comments may be submitted to the Kalispell Planning e artme .t at the above address, prior to the date of the hear.' , or you may cad us at o -1 5 , or e-mail us at 1anninj�')ka1i*. »„ om for additional info=atio ... Allen & Via Rie e Erie Mulcahy aerie & Morrison �"�.�.� � Cindy � has Surveying � 394 Three MDrive 2 V�a boo �Northern Lights1v Kalispell, MT 59901 KalispeU, MT 59901 Peter & Sandra Sauer Polly Webster meson Dro ger P.O, Box 9855 66 Rising Sun Circle 169 Brook Drive Kalispell, MT 59904 KalispeH, MT 59901 Kalispell, MT 59901 Bud & Amy King Charles & An.a Bryer Steven8& Karen Breck .� Construction 111 Brook Drive 133 Brook Drive Kalispell, MT 59901 P.O. Box 946 Maple y wee 8z; Herbert Stout Judie Soeos Barbara Price P.O. Box 595 270 Empire Loop 1340 4thAvenueEast Kal s e, MT 59903 Kalispell, MT 59901Kalispell, MT 1159901 Rom. Ted Construction Lo . se Swisher Sam & Marina o iko Meridian Court P.O. Box 9163 1039 Foster City Blvd., Kalis e ., MT 59901 Kalispell, MT 59904 Foster City, CA 94404 Dana & Brendalee He=anson Ryan Lawlor Jarvis Development, LLC 279 Empire Loop P.O. Box 2238 P.O. Box 5524 Kalispell, MT 59901 Ka.sef., MT 503 Kalispell, M 03 M o ty Reddig, Cherie Uskoski Da -line Byrd Richard & Kristina R o avaa a 108 Empire Loop 96 Vista Loop KalispeH, MT 59901 Kalispell, MT 59901 Michael 8; Dorothy Meson Trustees 157 Brook Drive Kalispell, MT 5 901 Gordon 8& Lana Moeley 61 West View Dave Kails el , MT 59901 William 8& Cindy Rie e 386 'wee Mile Drive KalispeH, MT 59901 James & Teri Florman 5 Brook Drive Kalispell, MT 59901 Powell & Gertrude Clinton P.O. Box 7063 Kalispell, MT 59904 KahspeH Bowser Creek Asso. 121 Spear Street, #250 San Francisco, CA 94105 Jodi Go dnr John Lou.er, Ill 5 West View Ive Kalispell, MT 59901 Davy Hoag Kenneth Hannah, Jr. Angela Leduc West View Drive 91 west View Drive 99 West View Drive Kahs e ., MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Helen Kaeding Paul - Susan Bray Ma tina Minett 111 West View Drive Kalispell, MT 59901 Kal,rs e, MT 59901 Marvin & Annabel Messing 77 Konley Drive Kalispell, MT 59901 Robert & Joan Gates, Jr. 36 West view Drive Ka s eH, MT 59901 Gary & Mar Ann McClarty 88 West view Dave Kalis eU, MT 59901 Uwe & Heidi Schaefer o 150 Reese Circle r.ea.e, CA 93907 Jeffrey `re Laver sere 268 Empire Loop Kalispell, MT 59901 Joseph Bruce 27 Parkview Drive Kalispell, MT 59901 Gam & Kathy Corrigan 121 vest View Drive Kalispell, MT 59901 Roger & Kathleen Rich P.O. Box 7084 r a i.s ,U, MT 59904 Keith Beck Snh1 Karp. 2 West vie Drive Ka.sell, MT 59901 Dana Christensen 64 West View Dn've Kalispell, MT 59901 Tammy Mallette 520 Lore Lake Road Kahs ell, MT 59901 Delores Stroh, Corp. Spec, DR, Liquor Licensing P.O. Box 1712 Helena, MT 59604-1712 Donald & Rachelle Hines P.O. Box 22 Kalispell, MT 59903 Russell Carol Winters 120 West View Dave Kalispell, MT 11519901 Cheryl Agan 76 West vier Drive Kalispell, MT 519901 John & Nancy Faure 175 Brook Drive Kalispell, MT 59901 Francis & Monte Cre Bennett 42720 S Morton Road Kennewick, WA 99337 o. 10641 NOTICE OF PUBLIC HEARING PLANNING NING R ) l D AND ZONING COMMISSION .June 13,2006 The ruiar meeting of the Kalispell City Plan+ ning Board and Zoning Cornrnission is sched- uledfor —1 uesday, June :. . 2006 beginning at - PM -,i the Kalispell C;Itv �;ouncii Chambers, i aiispell amity Hail, 31 First {Avenue East. a - I Interested: persons -are: . '? t by r€ encouraged ra� a to,. attend- johns n to change the the hearing and make rto n i n g o n a, 4 C` their views- and con-. ; are #mar of locatEd ce.rn�s-.. i mown to. the on the crest side Of Board- Mmayitten co ' Meridian Road �r - erxtbe sUbmit - Two l=ami,Iy esiden- to . to the Kalispell Plan: tial� to - ning� Department a the ;l esidentialll ro es io- above. address-, rior--.to:. nai Office). The property they .date-� of.. the: hearing. is developed with a sirs- or-: o.u:: may, calf'. at gle family residence a�t :.751 _- "850, or--e:- 130 Meridian Road and mait: . at, plaanni' g � a- STATE M NTAN A can be describes mot 11spll:co . br�.: adds c� aI 1 of Block I : Meridian eridi�-� Addition located within = section ) 3. Tow nshi : i � ra FLATHEAD COUNTY 28 North, Range Thomas-.i entz...+:::.}:.. West, } j lain. -.Di*. y1}�y�'}' PT TP +rF/ +11� /^/y'{{ 3 j y e k F k V m l 4. a 1 r i/ �y u Yr s 4 b t F � y�,� � . T. �� J TT n-NT b-oard will' hold a public # Y alispe# �o bear€n and tame biic amend the l alispeir orr�mants on the follow- Growth Policy �,J ing agenda items. The expanding the b Ur.�P_ Board will mane a rec- ties of the Growth; Poilov, om endation to the a- n o rt i war sir? # li peli City Councii who Stillwater River as the will take final action. western boundary, Church and Birch Drives � . retest � Allen as the ortherr; boun- dary adiririaiebex€� dart' an generally fci- liam and Cindy i iet e lowing U.S. Highway 2, and Poily Webster for south to Rose Crossing. annexation, initial ,ion- The Growth Pohcv ing and subdivision of amendment is intended approximately 12.8 to give broad policydi- acres located at 386 rection to growth are this and 394 Three Mile area shouid property; Drive, Kalispell. The owners wish to annex to properties are currently the city. The policy an - zoned County -1 (one ticipates the extension acre minimum lot s' e). of urban services i€ clud- The owners have petit ing sewer and water into boned to annex into the this area over time an City of Kalispell el and is designed to give guid- ae requested the i� ance to this associated 1-square foot growth. minimum lot size) as well as proposing a 23 . A request by the lot residential subdivi- cif ciKalispell alis ell to lion_ The lotswithin the R amendSection subdivision Ovoid range Ka - from 1.;�00 square feet � � of #i-� #� to �= 0square feet. iispell Zoning ordinance The properties included spedficaiiy to allow to in the annexation. initial required parking within zoning and subdivision the Special Parking can be describers a As� Hai ten nc Dis#rich lessors Tracts 3A f Flo. 2 (Downto +n l aiis- , 3f�D, 38, and peji) to be met by a cash -in -lieu 3,A located within n�lie o parting Section 12, Township payment. In addition; it 2orth, Range 22 is proposed that Special We st, Parking Maintenance District No. 2 boundary 2. A request by Wayne Appendix B, Figure 2) Turner to amend moire be expanded to include aces Prase and the l .aifsoell Center Mall astadd 7 =its to the apri bounded by Center RR prr.ved preliminaryplat. #reetT Fifth Avenue Seanciud 2.3 West, the B acres with prelimin ry Tracks and forth € iairl plat approval for 64 lots. street. DUe to a change ire acµ Documents pertaining cess m and a to the agenda items are .reaesign of the s bdi i on file for public inspec- sicn roads and lots the tion at the Kaiispelf own ; -i- .,vas left with d� Planning Department, ,;tiU ai and outside of 17 Second Street East, .: r O rn i na r'y ap� quite 211. Kalispell. It on this 59901, and are .:tva, �r ac..,-ki {jai land the own' ble for public t �, =_ °a,:sting to add 7during rguiar ... 4 } property is hours. 'R- Teo Family e-sident€ai.). The pro - :-an be describes i IL t}- rx 9- r t .x� y, U i CXI IL,F ,..r May 28, 200 . CHRIS SCHULDREISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAB DAILY NTWSPLAPER OF GENERAL CIRCLTATION, PRINTED AaND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY TY FLATHEAD, STATE OF M NTANA, AND THAT NO. 10641 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER,, AND IN EACH AND EVERY COPY THEREOF ON THE .SATES OF MAY 28,2006 AND THE RATE CHARGED FOR THE ABOVE RINTINiG DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER. ADVERTISER FOR THE SAME ,PUBLICATION, SET I THE SAME SIZE TYPE AND PUBLISHED FO THE SAME 'UMBER OF INSERTIONS. vv�k_a Subscribed and sworn t Before me this MAY 30, 2006 t Notary li for the State of Montana Residing in Kalispell My Co=ission expires 9 9