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06. Resolution 5152 - Annexation - Hershberger - Autumn Creek SubdivisionCity of Kalispell Planning Department 17 - Strom East, Suite 211 Kalispell, Montana 59901 Telephone* ) 75 -1 5 Fax-. 06) 751-18. Webs ter k-a s e . Mg'C0M REPORT" TO: Kalispell Mayor and City Council FROM: Sear. Conrad, Senior Planner James H. Patrick, City Manager SUBJECT Lee & Linda Hershberger - Annexation and Initial l Zo.f g of -2, Suburban Residential - Hwy 2 West and Hathaway Lane MEETINGTE. October 2, 2006 BACKGROUND: This is a request for an initial zoilm'g designationof -2, Suburban Residential, upon annexation to the city of Kahs eR. The property cons approximately . acres and is located north of wy 2 West on the east side of Hathaway r Lane. The property can be described as Assessors Tracts 6AAK, 6DI and AB located in Section 12, Township 2 rr North Range 22 West, r .M.M., Flathead County, Montana. It is currently in the County zoning jurisdiction and is zoned. R- 1, Suburban Residential, and is undeveloped. It is intended to be developed as a residential subdivision containing 20 lots consisting of 16 single family residences are two two -unit townhouses. The Kahs c l City Planning Board met on August 8, 2006 and held a public hearing t consider the request for annexation and an initial zoning designation of R- 2, Burgle Family Residential. The Kahs ell City Planning Board had previously forwarded a recommendation of R-2 zoning for this property at their meeting of September 13, 2005. The City Council heard the annexation and initial zoning request in conjunction with a 21 lot subdivision at their October 3, 2005 meeting. . At that meeting the City Council denied the subdivision request and., therefore, the annexation an I'LM*tial zoning request wa never acted on. Sear. Conrad of the Kalispell Planning Department, presented staff report #KA-06.7 and evaluated the proposal. He acted the proposed subdivision plans for the property attempted to address the planning board and neighborhood concerns and that staff 1S, recommending approval of the proposed R-2 zoning. The board discussed the density allowed under the R-2 zoning. Several board members expressed concems regarding the traffic safety at the intersection. of US 2 West and rathawa Lane. A motion was made e to recommend approval the proposed. R-2 zoning upon annexation to the city hich was denied on a. 3 to 3 Grote. Hershberger - Annexation and Initial Zoning of R-2 September 22, 2006 ,gage 2 RMAUMN .1 N: A motion to adopt the resolution for annexation and . the first reading of the ordinance for initial zoning of R -2 would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: IVES* s suggested by the city council. Respectfully sue. itt , Sea. Conrad ames H. Patrick Senior Planner City Manager Report c mi d.: September 22, 2006 Attachments: Therese. White, Kalispell City Clerk Retum o Theresa White Kalispell City Clerk Po Box 1997 Kalispell, MT 59903 RESOLUTION No, 5152 A. RESOLUTION To PROVIDE FOR THE ALTERATION of THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLIJDII G THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS 'TRACTS AA.K, 6DIAND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONT ANA, TO BE KNOWN .AS HBRSHBLB..GER ADDITION NO. 3; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND To DECLARE AN EFFECTIVE DATE. WHEREAS, on April 29, 2005, the City of Kalispell received a petition from Lee and Linda erserger, the owners of property located north of Highway 2 West, on the east side of Hathaway :bane, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, on June 1 , 2005, the Kalispell City Planning ng Board and Zoning Commission held a public hearing on the .utter, and continued the public hearing in order for the developers to address concerns raised by the Board and the public, and WHEREAS, the Kalispell Planning Department Bade a report on the rsherger's revised Annexation Request, KA-o - A (Amended), dated September 7, 2005, and WHEREAS, on September 13, Zoo , the Kalispell City Planning Board and Zoning Commission held a public hearing and recommended that the tern.to.ry be zoned City - ., Suburban Residential on approximately 8.69 acres upon annexation into the City o Kalispell, and ERAS, on October 3, 2005, the Kalispell City Council denied the annexation request due to concems includIng a lack of a second access out of the development, unresolved traffic issues at the mterseetion of Hathaway Lane and US 2 West, a cul-de-sac which exceeded the City boo foot maximum., and neighborhood compatibility issues, and WHER—EAS., since that time, the applicants have made revisions to the subdivision, resolved the traffic issues to M 's satisfaction') applied for a variance for the cul-de-sac, attempted. to resolve the n eighor's concem , and on Ju ly 27, 2 0 06, resubmitted the s bdi Iion for annexation, and WHEREAS, the Kalispell Planning; Department has made a report on the Hers.erer's most recent Annexation Request, K.--', dated July 25, 2006, a. WHEREAS, on August 8,2006, the Kalispell City Planning Board. and Zoning Commission held a public hearing and denied a recommendation that the territory be zoned City R-2, Suburban Residential on approximately 8.69 acres upon annexation into the City o Kalispell, due to a vote of two in favor and two opposed, and. WHEREAS, the City Council has considered all evidence provided by the proceedings of the Kalispell City Planning Board, including all testimony and written comments of the public, and hereby adopts the Kallspell Planning e artment Report #KA-06-7 as its findings of fact and determines that it is in the best interests of tCity to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. N' W 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 shall be known as Hershberger Addition No. 383. SECTION 1. 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 with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date .hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizeros and property stealI be subject to all debts, lags 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 shall be zoned in accordance with the Kafispell Zoning rd inance . SECTION IV. This Resolution shall be effective ective immediately upon passage by the City Council . PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KAL SPELL, THIS 2'ND DAY OF OCTOBER, 2006. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk KA-- Hrbrgr xan Cost of Services Analysis (Residential) Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Ka .is ell's resign and Construction ction standards and any other development policies, regulations or ordinances that may r apply. Note that water and serer are available to the northeast �r the Gree r ar subdivision and will be extended to the property at the time the applicant develops his proposed 20 lot subdivision called Autu= Creek. Number of Dwelling .TM ro osed to be sexed 16 single family houses 4 townhouses Estimated Increase inPopulation: (based on US Census Figure of 2.2 per household) old Cost of Services Per ca ita. costs Fire, $68.84 per persona per year. Additional costs to the fire department • Police: $ 110 per resident per year. Additional costs to the police department •Administration: $39.48. Additional cost to administration Solid Waste: Additional cost to solid waste Lineal Feet Costs: 68.84 = $3,029 44 x 110,00 = $41840 44 x-3 . $ 1 IY3 (none for five years) = $ 0 (Approy=-ately 1., 75 Unea.l feet of water and surer mains and 50 feet of new roads) Roads: $1.14 per Deal foot Additional cost in road maintenance Water: $3.44 per Deal foot Additional cost in waiter lie maintenance Seger; $. 5o per lineal foot Additional cost in suer maintenance Storm sewer maintenance costs: Average Square foot per lot - 10,150 square feet This is capped at 1 ac. 50 x 1..1 = $ 1,083 1,475 x 3.44 � $55074 1,475 x 5.50= 71.12 I N. of um'ts x square foot x 0.004018 ToW Antici . Cost of Services: Anticipated Revenue Generated 20 x 1 a,150 x $0.004018 - $ 815 Assessments based on square Average e square Foot per c , 150 square feet $242§90 Storm sewer assessment $0.004018 per square foot Revenue from storms sewer assessments 20 x 10, 150 x $0.004018 - $815 Street maintenance assessment $ . 0 101 per square foot Revenue from street may r� tenance assessments 20 x 1 , 150 x $0.0 101 $2,050 0 Urban forestry assessment $0.00135 per square are foot Revenue from urban forestry assessments 20 x 1 , 150 x $0.00135 $274 Special ssessments.- There are no special assessments. General revenue: • Assessed value per property: $ 250,000/house Total assessed value: 20 x 2 5 , = $ 5,000,000 Total to taxable: 5,000,000 x 0.03543 = $ 1777150 'dotal additional general revenue based on 170 mill levy: $177,150x 0, 170 Total, Revenue Generated to the City NET ADDITIONAL ANNUAL REVENETE TO THE CITY: $ 30,115 $ 33,254 8 564 NOTE- This info=ation is based upon assumptions regarding ceding valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This info=a.tion can only be used as a general estimate of the anticipated cost of services and revenue. Z: PANSMIALKA06-7AUTU MN CREEK CSTOFSVCS. DOC -8 " City of Kalispell Planning Department "dSued east, Suite 211, Kalispell, Montana 59901 Telephone*- (406) 75.1-1.8W50 Fax: (406) 751-18-58 August 22 , 25 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 53 Re: Lee and Linda. Hersh erger - Annexation and 't al Zon g of R- 2 Hathaway lane and Hwy 2 West Dear JIM The Khspell city Planning Board met on August , 2006 and held a public hearing t consider a request for annexation and are initial zoning designation of R-2, Single Family Residential, on approximately 8.7 acres. The property is located north of US Hwy 2 West, on the east side of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, .M.M., Flathead County, Montana.. The Kalispell City Planning Board had previously forwarded a recommendation of R-2 zoning g for this property at their meeting of September 13, 2005. The City Council heard the annexation exation and initial zoning request in conjunction with a. 21 lot subdivision at their October 3, 2005 meeting. At that meeting the City Council denied the subdivision request and, therefore, the annexation and r it al zoning request was never acted on. Scams. Conrad of the Kalispell Tanning Department, presented staff report #KA- -- and evaluated the proposal* He noted the proposed subdivision plans for the property attempted to address the planning board and neighborhood c ncems and that staff is recommending approval of the proposed R-2 zoning. The board discussed the density allowed under the R-2 zoning. Several board members expressed concerns regarding the traffic safety at the intersection f US 2 West and Hathaway Lane. A motion was made to recommend approval of the proposed R--2 zoning upon annexation to the city which was der ed on a 3 to 3 vote. Please schedule this matter for the September 5, 2006 regular Kalispell City Council meeting. You may contact this board or Scams. Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Hrgr Annexation and Initial Zoning August 22, 2006 Page 2 Sincerely, Kalispell City Planrang Board A/" - Timothy Norton President Attachments: Exhibit A - Petition to Annex Staff report #KA-06-7 and application r t r a. Draft minutes from the planning board meeting r Att: Theresa White, Kalispell City Clerk w Att: Lee & Linda Hershberger, 2 212 SE 384th St, Enumclaw, WA 98022 Thomas, as, Dean & Hoskins, .ttn,- .mike Fraser, 31 Three Mile Drive, o.r.&a.n.spe.'' P I a 1 mi I 1-i rn, g Di3p al rtl3nl ell t nPD, nI J U 0 3 nm PELL PLANNING DEPA,.RTMrNT p �vl Su` ­ PETITION FOR ANN-EXA.'FION AND INITIAL ZONING NAME OF APPLICANT: MAIL ADDRESS: INTER -EST IN PROPERTY: Other Parties of Interest to be Notified,., & k' PARTIES OF INTERES'l: MAILADDRESS- CITY/STATE/ZIP: INTER-ESTIN PROPERTY: PLEASE COM.PLETE THE FOLLOWING: Address of -the property: L.eaal Description,_ (Lot and Block of Subdixision; Tr'%!-� q.=;: i / t i %< f w� k #' {' {_; : �: fN` .actY) Ic no-h a :s '.� .�. !,- '4' - ti� ti� _ _ r r r., �s V (Section. Township, Range) (Attach metes and bounds as Exhibit .A Land in -Droiect I ac) . ...... PHONE.—, PHONE, . ... .............. ... . . ............... . . ...... The present zoning of the above property is: The proposed zoning of the above property iss State the changed or changing conditions that make the proposed amendment necessary: x t: & w 1-he signing of this application signifies that the foregoing Information is true and accurate based upon the best information available and further grants approwal for Kalispell Plannijqg staff to be present on thC_ property for ro tine inspe -tion durhig the annexation process_ (Applicant)(Date) I Retum to. Theresa White Kalispell City Clerk P.O. Box 1997 Kalispe,11, m,r PETITION TO ANNEX AND NOTICE OF W1THDR_AWJ%_L FROM RURAL FIRE D.1srPdCT 'Hie undersigii,.-Ad hereinafter referred to as Pefitioner(s) respectfully : petition the City Council of the City of Kalispell for annexation of the reeal property described below into the City of Kalispell, The Petifioner(s) requesting City of Kalispell annexation of the property described herein and further descn-bed in Exhibit A hereby mutually agrat-1, 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 &C., municipaJity, Petitioner(s! hereby state that there is no need to prepare a Municipal Annexation Service an for this annexation pursuant to Section 7-2-4610, M.C,A. since the parties are in. agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) -further herein express an intent to have the property as he -rein described withdrawn from the -YfIT11 VV' Rural Fire District under the provisions of Section 7-333-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the 0ty of Kalispell,, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall ran 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 mN-,ners of the above described propeny- This City hereby agrees to allow Petitioner(s) to connect and -receive the utilities from the City of Kalispell. ThIlls City hereby- agrees to allovv Pefitioner(s) to connect and r=lve all avfflilable. utilities from the City of Kalispell excluding solid waste services. MCA 7-2-47_336 prohibits the city from pro,viding solid raste services to this property for a minimum of 5 years from date of annexation. .P 4Peti e��r Date 't, n ttitiolier,/Owner Da N OTE -I You must attach an'Exhibit A that provides a bona ode legal desen" ption of the property to be annexed that has been reviewed and certified by the Flathead County Plat Room. ASV y1c, �Vy\ 3 STATE OF Mf ft County, of Fladwzd-C� Chi this SO day of before me, the undersigned, a Notary'Public ror the State of Montana, personally- appeared t v-\ L known to me to be the person whose name is subscribed to the foregoinngg is t and acknowledged to me that he/she executed the same - On this Y 7 of 2 before me, the undersigned, a Notary Public for the State of Mon=a, personally appeared LAV-1L(ke, known to me to be the person whose name is subscribed to the foregoing mistrument ?rfid ackn wledged to me that he/she executed the same. IN WITNESS WHERE jkT,,e(R tp set my hand and affixed my'Notary Seal the day and year in this certificate. Vp O X'R Y Notary Public, Statepf 414 1 a4 4 a Sc� Residing at eu�..C) My Commission expircs:US0................ STATE OF MONTAM�'q _,9b County of Flathead On this dav of before rine- the undersigned, a Notary Public for The State of Montana, personally appeared mid , thee- and respectively, of the corporation that executed -the foregoing instrument, and the persons who exelcuted said instrument on behalf of said corporation, and acknowledged to me that such corporation executcd the same. INWITNIESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above wn'tten. Notan.- Public. State of Montana Residing at M-y Commission expires EXHIBIT A AV tbat"rdw of the Souft-Ost Qtlager� Section 12, To vmship 28: M� RaVe 22 W654 NAM, FlatbeA ic= 1)� Jwnafl 4� mm Fait cwa rly dosal bW iav, f 0"1 !Q WS: of Old U.S. Iftbwavlqo-, Z crossing the southerlypordon afraid subdmswp,,,sud,pomt bem; Noab WOW` Bo4 along the swu th section line, a &=wof] 14S,,06 Art aud Nwith 0 0 11 13 3P We ( a &sftwe oF2 K 0 0 2' e f - Sam th c saufb west- nor a the above said S cai'an 12, To vm sLip m 261qovh,RaMe2ZVVcAsAid r being the soWbwest car of &at =taih tma of land deschbed M"'. deed to POM Sa,T ufq S pa-ds -an d L com I- -Da J mvrded June 7� 1065 err Rm maWs .Fey INIV, .4 7,79 Bo A .4 73, kago .563;, reeards of Fh&ead Couaty, Afog a; theire North 00"1335' West along the we bowntry of said Da,4175 wac 4 6 3 0,84 ftt to the aor6 west v v=r tb cm OG 5 afd poia t bring Or poiut OfRgmwbg of thcpvc d W. d=rjbc4- th=e along the morffi bowulary ofmW Daw's Tm4 AlorO: 89140251 Ltwf 11536 foes to the northmst co=r tberec4- thet alans th o =t boundw of said ftact South 00'.1 335'Ernst 234,80 ,der to the novhwest cow -r of th a t f 7= c I d a- 5,mib a d in B. a ok 3 05� � 3. 1. 1 -Al. re w-rds. t. W. n. :mod a d Cou r Lty� - A& n tea;. z w,, e. among ong . m-dwring alb P-,g aa zw v-h waf 00,17=el dagcdW Roak,;00,.Pjga 84, twoftidpow-1 and ck Opfbft4d-- C010% monk North WOVW�a5t2-34,85 fed to thr, wast lim -of thatpar cold=nbed P. m B oak 4,94, .Page 20 7, re =,-& of Fla th cad Comm ly, - Mo ata va th mca alo-ag th a west ]ib a of vid p awol, ,N,brih 0 0 P 14 12 " West 114 � 41 fc a - to tb cn oTthwcs C v o m cr theft thonce a tang to .now hn e af swd tm G4 =4 wfithuwg abag the Intntb liad of tbal PVC&I desoibcdm Book-" 3,87j.Pa ge.-212s =r& of -Flathead Cvon Mangy J*vh 89 045308" East 170� 96 fbe4 tWmet North OOTTOO11 Wo�st 211,61 feeg tbmao IV UM est Ray be 2SOMU1 quaOrthel. sauthw*f .1 arth 89 03845" Fast 32 7,65 fter to the east line of the W (2va Tier. Orth.O- abom-s�d &Cdom: 1.2; th=e aloug said ew t Vve of said allquat pam Norrb OW-3011,521" VVE-4t 36000 .fm; then aeSbuth 89"45'09p West 500,66 feet to 4point wAicb -is on the nortbaly exreasion of the. west && of that pawel dw-cdW In.. 8 ook 484 Page 20 7, ramp of Fla thead CbuMbnmaa; theSouth 001 14'521 East 152,14 ke t to th C DdrM .tea of th zi t Parcel described M' Doo um mt. Nyo. 2 00 42 81 f 4-3 2,0� mords of FIA tbea 6 Cosa. " . atin A;: th an Cr, - a 10ag - Uh c .,a orlb ]in c o f said parco 1,T $azrb .89 05441 " Wort 3 5 0, 01 fea to the easle%z -1y b o amLvy of Ka th a way D6 v a, a 60 Aba wide. de P. dod ww" , ty - re-4 des mb ed - in D ook 445, PaLLp 3 4 1, recards of' Fmth,W CoUty, madana�, awtice along Said easterly boundtiry afsaid Hathaway Dnve, SouM- 00-1113135 Ewt AU as showil -on the of Sthry v-,,y:, which is Amwith MVarpopatcd fa zmdmadv a pur of this k9aj da5mOm LEE & LENDA HERSH ERGER - AUTUMN CREEK SUBDMSION REQUEST FOR INITIAL ZONING OF R-2 UPON ANNEXATION KALISPELL PLANNING DEPARTMENT STAFF REPORT KA-06-7 JULY 25, 2006 A report to the Kalispell city Plannmg Board and the Kahspell City Council regarding a. request for an M'itial zonm'g designation of R-2 upon annexation to the city of Kahs eU on approximately 8.7 acres. A public hean*ng has been scheduled before the planning board for August 8, 2006 be g at 7:00 PM M the Kahs eH City council Chambers. The planning board will for -ward a. recommendation to the Kalispell City Councid for dal action. . BACKGROUND INFORAUTION This report evaluates the a. ro r'ate assig=ent of a City zoning classification in accordance with section 2 . o3. o o 4 of the Kahs e Zoru'ng Ordinance. The property owners have petitioned annexation and intial zoning classification of R-2, suburban Residential. The property is in the County zom'ng jurisdiclion and is zoned R-1, Suburban Residential. This property will be annexed under the provisions of Sections 7-2-4 o I through 7-2-4610, M.C.A., Annexation by Petition. A prehmm'ary plait, Autumn Creek subdivision, creating 20 lots on approximately 8. ' acres has been filed coneu r ntly with the petition to annex. ,�. Petitioner and Owners* Lee & Linda Hersbberer 24212 SE 384thStreet Enumclaw, WA 98022 Technical Assistance; Thomas Dear. & Hosts, 81 Three Me r'e, Ste 10 I Kalispell, MT 59901 (406) B. Location. and Legal Description of Property: The property proposed for annexation lies north of US Hwy 2 west, on the east side of Hathaway Lane. The property can be described as assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 west, . M. M. , Flathead county, Montana. C. fisting zoning* The property s cu �-ently n the C � nor r sd ct on and s zoned R- I , suburban Residential, a zoning designation that has a one acre minimum lot size requirement and is ty icy m areas that are not served by public waiter and sewer. This is part of the west Side Zoning District. D. Proposed Z m : The zoning designation being; proposed for this property is City R--2. Suburban Residential. The R-2 zoning district is intended primarily for detached single-family dwellings. It has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. setbacks are 20 feet in the front and tern feet on the sides and rear. This zoning reflects the lots that are being proposed in the subdivision with regard to lot size and the single family homes intended for development. E. size: 7hc propel proposed for annexation and in�t�a.l zonffi contains approximately 8.7 acres. F, Mdting , Use.: Currently this property is vacant land historically udlized for agricultural purposes. G. Adjacent Land Uses and Zoning: The immediate area is characterized as a rural suburban residential al neighborhood. Surrounding zoru'n is R-1 and the parcel sizes vary from less than one acre to over five acres with the average parcel. size M the area being around one acre. All of the surrounding land uses are single family residentia . H. Genet Land Use Character: The area can be described as an area on the urban rings of Kalispell to the east. To the west the area is gal residential. No new subdivisions in the immediate area have been developed to the urban density which is beffig proposed with the subdivision filed concurrently with this annexation. Availability of Public Services and pension of Services: P. llc services, including City water and sewer can be provided to this site via an easement to the northeast from Gre :r riar Subdivision. Waiter and serer services as well as fire, police and emergency services can be provided by the City of Kalispe . EVALUATION QED ON STATUTORY CRITERIA The statutory basis for reviewing a change e in zonffig is set Forth by -2- 20 , M. C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by -2-203, M.C.A. . Does the requested zone cow with tie ort odic The property is designated by the Ka is ell Growth. Policy 2020 as "Urban Residential" ntial" Which is defined as anticipating between three and twelve dweffins per acre. The property owner is proposing to create 20 lots with 16 lots intended for single family dwellings s and 4 townhouse lots on apprwdmately 8.7 acres. This would create a density . o 2.3 units per acre. Because of the plans for the provision of public waiter and sewer to the site, this density can be adequately seared. The proposed zonmg coolies with the type of development anti ciatod .rider the groom policy. 2, Is the reguested zone deli ed to lessen congestion in the streets? It can be anticipated that the proposed development t of the property that wifl be associated with the zoning will ire crease traffic imacts irk the area. die to the relatively lour density of the area currently. Traffic impacts to the area can be accommodated with the e�dsting roadway systems at hand and the new intemal roads that will be developed as part of this subdivision.. The proposed zoning 2 carries with it the checks and balances, including the need for subdivision review,, which wffl insure that traffic flows and access are appropriately addressed. The potential densities afforded by this zone wiH not over the em*sting road system, 3. Wes. the requested zone secure sale from fire arc and other da . er t the time this property is developed, the property owners will be required to ensure that there is adequate infrastructure in the case of an emergency, ency, There are no features related to the property which would compromise the safety of the public. New construction wiH be reed to be in comphance With the building safety codes of the City which relate to fire and building safety. AH m ru'ci a.l services including police and fire protection., water and surer service is available to the property and wiU be utilized at the time another lot is created in the future. . WiH the re nested zone promote the health an eneral welfare The requested zonmg classifications will promote the health and general welfare y restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing i the community. 5. Will the re nested zone road :for adequate � airy Setback, height, and coverage standards for development occurring on this site are estabhshed in the Kalispell Zorn.- Ordinance to insure adequate light and air is provided. . Will the requested zone Rrevent the overcroyrdLmg_ofland? As previously noted, this area has been anticipated for urban residential development and since public water and severer are available to the area the urban lard use designation is appropriate. The anticipated density falls within the proposed zoning designations. M public services and facilities will be available to serve this property. An overcrowding of lard would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely to occur. t Will the requested zone avoid undue concentration of eo le ,ram. increase in the numt)er and concentration of people in the area will lamely result after this land has been converted from suburban density home sates to a more intensive residential use. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of facihties would provide the structure needed to insure that here will not be are overcrowding of the land or undue concentration of people. Minimum lot standards and use standards as well as subdivision development t standards will avoid the undue concentration of people at the time the property is finer developed* . Will the requested zone facilitate the a .e ate provision of tran ortation water,, sewerageschools parks, and other public requirements*? Public service, facilities and infrastructure would he made available to the developer. The developer would need to extend the needed City services that are not currently extended to the property at the developers" expense and in accordance with the Cit 's policies and standards. New improvements to the propertysuch as roads, water, sewer, parks and drainage would he mstaUed in accordance with City policies and standards at the developers' expense thereby i .s ring that there is adequate provision of services to the site prior to development. ment. *ire, police, ambulance and public access are adequate to accommodate potential .� acts associate with. the development o this site. '`here wiH he impacts to services that can he anticipated as a result of this proposal which can be reset by the City. AR public services and facilities are currently available or can be provided to the property. Development should he encouraged m areas where these services are available. . noes the requested zone `ve consideration to the particular suitabihly of the prMe[tyfor particular uses. The proposed zoning furthers the long range development plans as reflected in the. Kalis e Growth Policy for this area and provides opportunities for ho sfg in a development that is compatible with s=ounding land uses with the extension are.d provisi.ox of pubhe services within reasonable rox=` t t' to the City core. The proposed zoning ill provide e the basis for the future lard uses on this property, i accordance with the Kalispell Groff Policy. This zoning gives adequate consideration to the suitability of this property for the proposed use and concurrent suviSion proposal. The propose. zoning is consistent with the anticipated land uses in the area and gives due consideration of the suitability o this property for the pe=itted uses in the district. 10. Does the re nested zone &ive reasonable consideration to the character of the district? The general character of the area is transitional between the urban and rural fringes of the City hr 'ts, The proposed zoning allows this development to address reeds within the community for housing and support sem*ces on pubhc serer ces and in reasonable ro�ity to the city core. Availability of public water and sewer to we area indicate that this type of development will continue to occur on the urban fringes of the- community to be developed with similar types of uses as is proposed with this property, i.e. urban residential rather than rural. It appears that the proposed rezoning gives reasonable consideration to the character of the district. IL Will the RrOPOsed zone conserve the value of buildings. There are smear subdivisions planned or underway in the immediate area. The development anticipated under the proposed om'ng is smear in . re nature to those in the areas to the north, south, east and west because of the availability of pubhc services and . utilities. City standards wi ensure that there is high quahty 4 development that will ensure the value of buildings and homes is protected, maintained and conserved. Value of the buildings in the area will be conserved because the zordng will promote compatible and like uses on this property as are found on other properties in the area. 12. WiR the reguested zone encourage the most a r rate use of the lard you t the mu' o a Urban development is encouraged in areas were services and facihties are available such as the subdivision being proposed on this parcel. The proposed zo=g is consistent nth the groom pokey plan and s rro .nag zor'g M the area.. Staff recommends that the Kalispell City Plarming Board and Zoruffig Con.nission adopt the findings in staff report KA-06- and recommend to the Kalispell City Council that the initial om'n for this property upon annexation be -2 as proposed. 5 co Z7 6CDBA 6ED 6EE Rawl GEF 16C B, G cA 6D 6 K C Fi D J 6 A C .... ............................. ...... ............. ­.­ ................ 6DH ......................... ...... * ....... ............. ................... .......... ....................... ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A:{T1 H Ara F#:m.-'..',"-' *..., � ............ .............. 3 T ....................... . .. . . . ............. ............... 6KA 2 6DHBC ....... 6AA .. ............ 6AA F ............ 6DF 16DH ........... 6DHBB 6AAM ..... ............ 6A 6L bAAJ > E 2\ 6 j <r 6DF < < 401 < 16AAF*j < c 1 6 6AA 6DFI v R-1 5- RA 2cw 2CE 7AD 1;VA1 . a C Li Pq 13DB 16D �\ 13D � �-- � \ 16B VICINITY MAP SCALE 1" = 350' LEE & LINDA HERSHBERGER REQUEST FOR ANNEXATION & INITIAL ZONING OF R-2 (SUBURBAN RESIDENTIAL) FROM COUNTY R-1 (SUBURBAN RESIDENTIAL) I FILED CONCURRENTLY WITH A PRELIMINARY PLAT AND A CONDITIONAL USE PERMIT PLOT DATE 7/5/06 FIT E# KA-06-07 H:\Ais\site\kaGB-7.dwg ..................... .. ........ u U (y) (y) 1 13C I u City of Kalispell Planning Department 17 - 2nd Street East, Suite 211., Kalispell., Montana 01 MEMORANDUM Kalispell City staff Other Interested Peres Telephone: (406) 751-1850 Fay: o751-1858 Wit: kaaig.o. FROM: sear. Conrad, Senior Planner R: July 13thSite Review Committee meeting DATE: July 8, 200 The Planning Department has received the following applications for the August 8th Planning Board meeting: A request from Gary Priest for annexation, initial zonmg, pled unit development U and preliminary plat approval on a 4.47 acre property. The owner is requesting annexation into the City of Kalispell with the R-2 (single Family Residential) zThe requested Tzoning st -ict would allow reduced lot sizes in the w2 zoning district and reduced side yard setbacks, from 10 feet to 5 feet. The owner is also requesting a re n' T ary plat to create 22 lots ranging in size frorn 5,660 square feet to 8,029 square feet. The property is currently zoned County R-1 and is located on the south side of Greerrr dge Drive at the southeast corner of the intersection of Greenridge Drive and Willow Glen Road. .. 'there is an existing house on the property addressed as 736 Greenridge Drive. The property can be legally described as a portion. of Tract 3, Kalispell school Addition, Block 1, located in section 16, Township 28 North, Range 21 West. 2. A request from Medical Arts Pharmacy of Kalispell, '�' , to resubdivide two e.msting lots within Westvlew sm' ess Center into three lots, The proposed lots would range in size from. 21,900 square feet to 31,800 square feet. The tiro existing lots are zoned -2, General Business, and are located on the north side of Wes view Park Place. The two lots proposed to be further subdivided can be legal. described as lots 2 and 3 of Westvie v Business Center, located in portions of the SW 14 of the SW 1/4 of section 6,'township 28 Now, Range 2 West. 3. A request from Apex 1, LLC, for annexation, initial zoning, planned unit development (PUD) and re. rr nary plat approval an a o . 7 5 acne property - The owner is requesting annexation into the City of Kalispell with the R- Single Family Residential) district. The owner is also requesting a PUD zoning district on -the property to allow reduced lot sizes in the R-2 zoning district anal a preliminary plat to create 44 lots ra 9mg in size from 2,900 net square feet to 4,600 net square feet. The property is currently zoned County AG-80 and is located on the north side of Three Mile Drive approximately 1,000 feet west of the intersection. of Meadows Lane and ThreeMile Drive. There is a existing house on the property addressed as 575 wee MLEe Drive. The property can be le aHy described as 'bract I of Certificate of survey 998 1, located M the SW '.+ and s ' 4 of Section 27, Township 28 North, Range 22 West. . A request from Lee and Linda Hershberger for annexation, ation, initial onin , re..mina-ry plat and conditional use pest approval on an s.69 acre property. The ow-ners are reqi aestingannexation U'ato the City of Ka s eH with the R-2 (Single a='I Residential) zoninist ct. The owners are also requesting relimi. ary plat approval to create 21 lots single fly lots and townhouse lots) ramg In size from 5,660 square feet to 13,900square feet and a conditional use pest to allow the 4 townhouse lots within the requested R-2 zoning district. The property is cu=ently zoned County R- l and is located n the east side of Hathaway Lane approximately feet north of the intersection of US Hwy 2 West and Hathaway Lane. 'Ihe property can be legally described e as Assessors Tracts 6AAK, 6DI and. 6ABI located the SW ' 4 of Section 12, Township 28 Now, Range 22 West. request from The Meadows, Inc. for annexation, initial zoning and planned unit development UDn a 14.65 acre property. The owner is requesting n annexation into the City of KahspeH with the - (Two Family Residential) zoning district. The owner is also requesting a PUD zoning district on the property to allow 138 co rm*m*um its with approximately .' acres of open space, a 4,000 square foot clubhouse are of a naAe of sidewalks and trails within the open. space. The property is currently zoned County SAG-SAG-10 and is located on the south. side Four Mlle Drive approximately 400 feet merest of the intersection of North. Haven Drive and Four Mile Drive. The propel address is 430 and 450 Four Mlle r rl e and can be legally described as Assessors 'bract 4, located in section. 1, Township h 28 North, Range 22 West. Due to the number of subdivisions received this month wo d Like to disc.uss at least the first two subdivisions listed above at the July 13th site review meeting. If you reed additional infb=ation regarding in the above proposal please cal. me. Any conunents n the above projects should be in to the Planning Department by July 2 ,' 2006. The Site Review Committee meeting is held at a.m. on Thursdays �A the Building Department located at 248 - 3,'dAvenue, East in u s e. . Thank you for taking the time to resew and comment. w attachments: Brent Christopherson, Fare Dept. Mike Baker, Parks and Rec James Patrick, City Manager P.J. Sorensen, Zoning mmi istrat r Roger Krauss, Police Dept. Frank Castles, City Engineer Jinn Hansz, Public Works Director Mark CA wle , Construction Manager sand ' Wheeler, Corrrmunit r Rede Selo-Dment Susan foyer, Community e p lop ent Director Craig Kerzma, Chief 3uildmig Inspector Charles Har all, Clt Att me Ig o - Attn. Steve Fie rzog Kalip E School District Notes Ery Flathead Electric Co-op Flathead County Road Department .S, Po stal Sic - Attn: Susie Carte Flathead CounfT GIS - Fete Wessel MDT Land Planning - Helena c: w/o attachments, Applicarits CERTIFICATION APPLICANT: Lee & Linda H r ge /Autumn Creek FILE NO: KA- -0 KCU- 6-07" KP,- 6-1 the undersigned certify that I did this date mail via CERTIFIED Mail a copy o the attached notice o the following listo landowners joii the prolines of the property that is requesting annexation, preliminary ry plat and a conditional use per i it. Date: 7//7 /C b Lot/Tracts# 6AAK, 6DI, 6AB Property Owner /Mail ,address: Lee & Linda Hershberger 222 SE 384thStreet Enumclaw, WA 98022 Thomas, Dean & Hoskins A*o Bill Boger 31 Three Mile Dave, Ste 101 �lispell, MT 591 AND ATTACHE S City of Kalispell Planning Department " Street East, Suite - 11, Kalispell, Montana 1 Telephone: (406) 751-1850 Fax: 06) 751-18 Wite: kalispellplauning.com You are being sent this notice because you are a property 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 eonune is and concerns at the meeting noted below. You may contact this office for additional i orr a.tior . NOTICE of PLTBLIC HEARING KALISPELL CITY G BOARD AND ZONING CO.MMSSION AUGUST 2006 The regular meeting o the Kalispell City PlanningBoard and Zoning Commission is scheduled for Tuesday, August 8, 2006 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka ,spe . The lane board wiH hold a piiblic hearing and take public comments on the foHowing agenda .items. The Board will make a recommendation to the KahspeR City Council ho will take fma.l action. . , A request from Apex 1, LLC, for annexation, initial om'ng, planned unit development Pl and preUminaxy Plat approval Cottage Gaxdens on a 10.75 acre Proper. The owner is requesting annexation into the City o Ka spell with the -2 (Single Family Residentialzoning district. The owner is also requesting a. PUD zon district on the property to allow reduced lot sizes in the R -2 o=g district and a reEminary plat to create 44 lots ranging ire size from 2,900 net square feet to 4,600 net square Feet. The property is currently zoned County G-80 and is located on the north side of wee Mile Drive approximately 1,000 feet west of the intersection of Meadows Lane and Three Mile Drive. There is are em'sting house on the property addressed as 575 wee Mile Drive. The property can be legally described as Tract I of Certificate o Survey , located M the SW '1and SE 1/4of Section 27, Township 28 North., Range 22 West. 2. A request from Medical Arts Pharmacy of Kalispell, to res . divide two existing lots within Westtrie r Business Center M.to three lets. The proposed lots would range in size from 21,900 square ame feet to 31,800 square feet. The two existing lots are zoned - 2, General Business, and are located on the north side of Westview Park Place. The two lots proposed to be further subdivided can be legally described as lots 2 and 3 of Westview Business Center, located in portions of the SW 1/4 of the Ste` 1/4 of Section 6, ow-nship 28 North, Range 2 West. 3. A request from Lee and Linda Hershberger for annexation, initlal zoning, relitninar v plat and conditional use permit approval of Autumn Creek on are 8.69 acre property. The owners are requesting annexation into the City- o Kalispell with. the R-2 S lc Family Residential) zo =*g district. The owners are also requesting preEminaxy plat approval to create 21 lots 7 single family lots and 4 townhouse lots) rang in size from 5,660 square feet to 13,900 square feet and a. co ldona. use pest to allow the 4 townhouse lots wid-iin the requested R-2 zoning district. The property is currently zoned county R- and is located on the east side of Hathaway Lane approximately o feet now of the intersection of US Hwy 2 West and Hathaway Lane. The property can be le a-Uy described as Assessors Tracts 6AAK, 6DI and 6AB, located d m the SW 14. of Section 12, Township 28 Norte, Range 22 West. request from The Meadows, Inc. for annexation, L'M' t .a . zoning and planned =t development 3 for The Meadows on a 14.65 acre property. 'f.e owner s requesting annexation into the City of Kalispell with the R- Two Family Residential) zoning istr'ct} The owner is also requesting a PUD zoning district on the property to allow 138 co omim'u, units with a rcxi-mately 6.7 acres of open space, a 4,000 square foot clubhouse and 4 of a mile of sidewalks are trails within the open. space. The property is c=e t y zoned County SAG-10 and is located on the south side of Four Mile Drive a ro�.ately 400 feet west of idle intersection of Now Havers Drive and Four M .e r . The propel address is 430 and 450 Four Mfle Drive and can be legally described as Assessors 'bract 4, located in Section. 1, Township 28 Now, Range 22 West. Documents is erta�� to the agenda items are on file for public ms ection at the Kalispell Planning Department, 17 Second Street East, Smote 2 11, Kalisp eU, MT 5 9 9 0 1, and are available for public review during regular office hours. Interested persons are encouraged to attend the hears.ng and make their views and concerns known to the Board. Written comments may be submitted to the Kahspell Planrn4ng Department at the above address, prior to the date of the hearing,or you may cad. us at ) 51- s o , or e-mail us at planni-n.g@kalispell,com for additional info r ratio .. Lee & Linda. Hershberger Thomas .dean & Hoskins 24212 SE 384"'Street 3 1 Three Mile Drive, Ste 10 1 Enumclaw, WA 98022 Kalispell, N4T 59901 Edwin & Debra Meull Larry & Susan Johnsen 32 Y2Hathaway Lane 1471 US Highway 2 W Kalispell, MT 59901 Kalispell, MT 59901 Joan Gross David McMurray Lawrence& Valerie Parsons 2 Hathaway Dane 3753 NW Taylor Avenue �rvalls �. Kalispell,� � 1 Darrel Mart Living Trust Nancy Rose 1429 US Highway 2 W 1483 US Highway 2 W Kalispell, MT 59901 Kalispell, MT 59901 William Till Kirby Campbell- Rier n s Rers. Kalispell., MT 59901 305 N. Hill Road Kalispell, MT 59901 Katherine McAllister State of Montana Michael Stotts DOS' 30 Hathaway Lane P.O. Box 201001 Kalispell MT 59901 Helena, MT 59620 James & Shirley Hilton 1595 avers Drive Kalispell, MT 59901 Kntt s Family Investments, Inc. 21it h Grove Road Kalispell, Nff 59901 Lyle K. Bartlett 3 Hathaway Lane Kalispell, MT 59901 Carol C llms 19 Hathaway Lane Kalispell, MT 59901 Tungsten Holdings, Inc. P.O. Box 1213 Libby, MT 59923 Steven Fewlass 13 Hathaway Lane Kalispell, MT 59901 Jason Braaten 930 Birch Grove Kalispell, MT 51 o. 11 NOTiCF OF PUR _l HEAF7, l ALI P LL CITY PLANNING BOARD AND ZONING CdOM- MISSM AUGUST 8, 2006 T e regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sc ed- Wed for T uesday, Au- gust 8, 2006 beginning at :00 PM in theKalis- pell City Council Cham- bers, Kalispell Citv Hall, 312 First Avenue -East, i✓ ali peil. The planning board vif€#i hold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to theKa- lispell City Council who will take finai action. 1. A request from Apex 1, LL , for annex- ation, initial zoning, planned unit develop- ment (P D) and prelimi- nary plat approval of Uottage Gardens on a 10.75 acre property. the owner is requesting annexation into the City )f Kalispell with the R-2 Family esiden- la,l zoning district. The )caner is also requesting I FUD zoning district on he property to allow re- tucd lot sizes in the l- zoning district and a rrelir inar r plat to cre- Ite _4lots ranging in le from , o0 net qu re feet to 4,600 net guare feet_ The prop- rty is currently zoned 'ounty A - 0 and is lo- ated on the north side f Three Mile Drive ap, roximately 1.,0o feet 'e t of the intersection f- Meadows Lane and hree Mlle Drive. Where an existing house on ie property addressed S -75 Three Mile rive . The property can il 'legally described a 'act 1 of Certificate of iry y 9981, located in e SVV V4 and SE V Section 27, Township 3 11",lorth, Range 22 est '. A request from '5d€cal Arts Pharmacy x iispell, LTD, to {e_ bd"Mde two existing ;s.+�thln t+etieu '$H`&cs Center into °ee ?ots. The pro - sad lots would range size from 21.900 Mare Feet to -1 x()o uare feet. The two isfing pots are zoned General Business, dare toJa yd on, �ne r h side -' West -View 3 propose # PM1i. Gaily cles- and 3 of Westview Business Center; 'cc at- ed in portions Of the SW 1/4 of the SW 1/4 of section 6, Towhip North, large l Test. 3. A request frorn Lee and Linda Hershberger for annexation, initial zoning, prelirninary plat and conditional use per- mit approval of Autumn Creek on an 8.69 acre property. The owners are requesting annexa- tion into the City ofKa- lispell with the A- (Sin- gle Family Residential) zoning district. The owners are also t e- questing preliminary plat approval to create 1 lots (17 single family lots and 4 townhouse lots) ranging it size from 5,660 square feet to 13,900 square teat and a conditional use permit to allow the townhouse lots within the requested R-2 zon- ing district. The proper- ty is currently zoned County R-1 and is local- .ed on the east side of Hathaway Lane approxi- H ately 700 feet north of the intersection of US Hwy 2 hest and Hath- away Lane. The prop- erty can be legally de- scribed as Assessors Tracts 6AAK, 6DI and A, located in the SW 1/4 of Section 12, Town- ship 28 North, Range 22 Test. 4, A request from The Meadows, Inc. for an- nexation, initial zoning and planned unit devel- opment (Pi for The Meadows on a 1 . 1.5 acre property. The owner is requesting an- nexation into the City of Kalispell with the R- Two Family Residen- tial) zoning district. The owner is also requesting a PUD zoning district on the property to allow 138 condominium units with approximately 6.7 acres of open space, a ,00square foot club- house and 3/4 of a mile of sidewalks and trails within the open space. The property is current -iv zoned County SAG-1 and is located on the south side of Four ,file Drive approximate1v 400 feet west of the inter- section of North Hagen Drive and lour rile Drive, The property ad- fess is 30 ana 5o Rur. Mile give and can be legally described as Assessors Tract A. l - cated in Section 1, Township 28 forth, Range 22 Test. Documents to the agenda item . - are n file for -oubli Phl,nnina oepartrnent. STATE ONTA NA FLATHEAD CUNTy AFFIDAVIT OF PUBLICA710N CHRIS SCHULDHEISS .BEING DULY SWORN, DEPOSES AND SAYS: THAT A SHE IS THE LEGAL CLERK OF THE DAILY ENTER LAKE A ,DAILY NEWSPAPER OF GENERAL CIRCULATION. PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE CONY OF FLATHEAD, STATE OF M N ANA, AND THAT NO. LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAVER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF j- o,,LtZ- 2:b i lco C� AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIIVILIM GONG RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SI2E TYPE ,AND PUBLISHED FOR THE SAME NTTMBER OF INSERTIONS. Subscribed and sworn to Before me this j �,t,�,L� nil Before 2oc) (:7 Lary Public for the State of Wit. Residing m Kaiispell My Commission expires9/11/09 1.7 Second Street. Ea: Suite 1:1, Kalispell-:_ to 1-, and are avail, ble f-or public ref during, regular offir. hours':. Interested persons' ai encouraged. to atter the hearing. and -mad t h e i-r- v i w� an ;. r rn - known --..to., .t Board. Written. cory rents may be submi ted to. the llipeli Plai< ning. Department at th above address,: prior I the date.: of- 3.be.-hearim orL you may: --call u (40'6):.751,--1' o#. or mail, us at: planning kz 11spelLco 4 r''additi m infcrmadon.., /sfThomas, P� Jentz. Thomas . Jena. lann in g;- D irecto r.. J.- ':� 2006L