05. Resolution 5017 - Annexation - David and Beverly MosbyREPORT TO:
FROM:
SUBJECT
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricitypianning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
David and Beverly Mosby - Initial Zoning of R-3 Upon Annexation
6th Avenue East and 14th Street East
MEETING DATE: June 6, 2005
BACKGROUND: The Kalispell City Planning Board met on May 10, 2005, and held a
public hearing to consider a request by David and Beverly Mosby for an initial zoning
designation of R-3, Urban Single Family Residential on approximately 0.49 acres. The
property proposed for annexation is located on the west side of 6th Avenue East, and
south of 14th Street East. The property will be subdivided into two lots with the
existing house on the property being retained. The property is currently zoned
County R-4, Two Family Residential.
Narda Wilson of the Tri-City Planning Office presented staff report KA-05-6,
evaluating the proposed zoning. Staff recommended initial zoning of City R--3, Urban
Single Family Residential which is consistent with current zoning of the area. At the
public hearing no one spoke either in favor or in opposition to the proposal.
After the public hearing the Board discussed the request. A motion to recommend R-
3 zoning upon annexation passed on a unanimous vote.
RECOMMENDATION: A motion to approve the second reading of the ordinance for
initial zoning would be in order.
FISCAL EFFECTS:
ALTERNATNES:
Respectfully submitted,
Narda A. Wilson
Senior Planner
Limited positive impacts once fully developed..
As suggested by the City Council.
Report compiled: May 2, 2005
c: Theresa White, Kalispell City Clerk
am.es H. atrick
'-``City Manager
Providing Community Planning Assistance To:
- City of Kalispell - City of Whitefish - City of Columbia Falls
RESOLUTION NO. 5017
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS A PORTION OF
ASSESSOR'S TRACT 5Q LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS MOSBY
ADDITION NO. 363; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE
KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from David and Beverly Mosby, the
owners of property located on the south side of 14th Street East between 6th Avenue
East and 7th Avenue East, requesting that the City of Kalispell annex the territory
into the City, and
WHEREAS, the Tri-City Planning Office has made a report on the Mosby's Annexation Request,
#KA-05-6, dated May 2, 2005, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-3, Urban Single Family Residential on approximately 0.45
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 Annotated.
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NOW 1r1E1C.ErUr%L, BE 11 YCESULvF-D 131 1HE C11 I COUNCIL Or 1r1L l 111 Ur
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Mosby Addition No. 363.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these 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
Iaer, 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 privileges and benefits as are other parts of the City.
SECTION ITI. 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 COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 5TH DAY OF JUKE, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity(& cen to rvtel. net
www.tricitypianning-mt.com
May 25, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: David and Beverly Mosby - Initial Zoning Upon Annexation. -
R-3, Urban Single Family Residential, 6th Avenue East and 14th Street East
Dear Jinn:
The Kalispell City Planning Board met on May 10, 2005, and held a public hearing to
consider a request by David and Beverly Mosby for an initial zoning designation of R-
3, Urban Single Family Residential on approximately 0.49 acres. The property
proposed for annexation is located on the west side of 6tn Avenue East, and south of
14th Street East. The property will be subdivided into two lots with the existing house
on the property being retained. The property is currently zoned County R-4, Two
Family Residential.
Narda Wilson of the Tri-City Planning Office presented staff report KA--05Y6,
evaluating the proposed zoning. Staff recommended initial zoning of City R-3, Urban
Single Family Residential which is consistent with current zoning of the area. At the
public hearing no one spoke either in favor or in opposition to the proposal.
After the public hearing the Board discussed the request. A motion to recommend R-
3 zoning upon annexation passed on a unanimous vote.
Please schedule this matter for the June 6, 2005 regular City Council meeting. You
may contact this Board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
George Taylor
President
GT/NW/ma
Providing Community Planning Assistance To:
City of Columbia Falls • City of Kalispell • City of Whitefish
Mosby Annexation and Initial Zoning
May 25, 2005
Page 2
Attachments: Petition to annex (original)
Exhibit A - legal description
Staff report KA-05-6 and application materials
Draft minutes 5/ 10/05 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att. David E, 8, Beverly Mosby, 233 Croker Lane, Kalispell, MT 59901
TRANSMIT/ KALI SPELL/ 2005 / KA05-6
Mosby Annexation and Initial Zoning
May 25, 2005
Page 3
EXHIBIT A
MOSBY ANNEXATION AND INITIAL ZONING OF R-3
LEGAL DESCRIPTION
A'tract of land being 150 by 300 feet to size and lying and being in the East half of the
Southwest Quarter of Section 17, Township 28 North, Range 21 West, M.M. particularly
described as follows:
Beginning at a point 66 .feet southerly from the Southeast corner of Bock 248 of Kalispell
Townsite Company's Addition Number Seven to Kalispell, according to the reap or plat
thereof on file and of record in. the office of the Clerk and Recorder of Flathead County,
Montana, and which point is the Southerly continuation of the east Due of said Block 248;
thence+southerly along said cantinuatiott lime, a distance of 300 feet; thence westerly at a right
angle 150 feet; thence northerly at a right angle 300 feet; thence easterly at a right angle and
along the South line of 14`b Street, City of Kalispell, 150 feet to the True Point of Beginning,.
Excepting Therefrom
Part of the E1/2SW1/4 of Section 17, Township 28 North, Range 21 'West, M_P_?L, Flathead
County, Nlontaua, and more particularly described as follows: Commencing at a point 66 feet
Southerly from the Southeast corner of Block 248 of Kalispell Townsite Company's Addition
Number 7 to Kalispell, Montana, according to the map or plat thereof; thence Southerly along
the continuation of said Block 248 a distance of 200 feet to the point of Beginning; thence
Southerly along said continuation of Block 248 a distance of 50 feet to the Northeast corner of
tract described its Deed to Irvinx a Miller, et ux, recorded September 27,1966 under
Recorder's Fee No. 6587 in Book 484 page 349, Flathead County, Montana; thence Westerly
along the Northerly boundary of said Miller land a distance of 150 feet to the Northwest
corner thereof; thence Northerly and parallel to the line first herein described, a distance of
50 feet; thence Easterly and parallel to the Northerly line of said N1 Mier land a distance of 150
feet to the Point of Beginning.
AND
Also Excepting Therefrom:
A tract of land 50 feet by 150 feet in size lying in the East Half of the Southwest Quarter
(F1.12SW1.14) Section 17, Township 28 North, Range 21 West, Principal Meridian- Montana,
more particularly lying in the parcel of land described in the Records of the Flathead County,
Montana, Book 367, Page 75, and particularly described as follows:
Beginning at the Southwest corner of the property described in above referenced Boob 367,
Page 75, and hereinafter denoted as said property; thence Northerly 50 feet along the
Westerly boundary of said property; thence Easterly 150 feet more or less parallel to the
Southerly boundary of said property to the Easterly boundary of said property; thence
Southerly 50 feet along the Easterly boundary of the said property to the Southeast corner of
the same; thence Westerly 150 feet more or less along, the Southerly boundary of said
property to the Point of Beginning.
Cam° "
�PA,y
Also, a strip of land 16 feet in width beginning at the intersection of the Westerly boundary of
Wd property and the Southerly city limits of the City of Kalispell; thence So4hearly along the
said Westerly boundary to the North boundary of the 50 feet by 150 feet parcel of land
herinbefore conveyed; thence Easterly along the said North boundary 1.6 feet; theuce
Northerly and parallel to the aforesaid Westerly boundary to the afore said city limits to the
Point of beginning.
Less and excepting therefrom any right, title or interest in any minerals, mineral rights, or related
matters, including but not limited to oil, gas, coal, and other hydrocarbons.
DAVID AND BEVERLY MOSBY
REQUEST FOR INITIAL ZONING OF R-3 UPON ANNEXATION
Ta.I-%^.ITY PLAANAIR&&I% WFFIC�
STAFF REPORT #KA-05-6
MAY 2, 2005
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
an initial zoning designation. of R-3 upon annexation to the city of Kalispell. A public
hearing has been scheduled before the Kalispell City Planning Board and Zoning
Commission for May 10, 2005 beginning at 7:00 PM, to consider appropriate zoning
for the area property to be annexed. The planning board will forward a
recommendation for appropriate zoning to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The applicant has petitioned for annexation and an initial zoning designation of R-3,
an Urban Single -Family Residential district, on approximately 0.45 of an acre. This
report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This
property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610,
M.C.A., Annexation by Petition.
A. Petitioner / Owner: David E. 8v Beverly K. Mosby
233 Cocker lane
Kalispell, MT 59901
(406) 755-1317
m. AjvuaLIUAL 411aa 4jV6 a JJCbUX&JLJk uia VA rrvpCrGy: Inn properq prolaoseu tur
annexation and the initial zoning request is located on the south side of 14th
Street East between 6th Avenue East and 7th Avenue East. It can be described as
a portion of Assessors Tract 5Q located in Section 17, Township 28 North, Range
21 Vilest, P.M.M., Flathead County, Montana..
C. Existing Zoning: The property proposed for annexation is in the County zoning
jurisdiction and is currently zoned R-4, Two -Family Residential. This distract is
defined as "A residential district with minimum lot areas. Development within the
district will require all public utilities and all community facilities. Duplexes are
allowed in this district." Permitted uses in this district are generally limited to
residential uses. The conditionally permitted uses allow some non-residential
uses but those are limited to churches, daycare centers, mini and RV storage, RV
Parks and campgrounds and golf courses. The minimum lot size requirement of
the County R-5 zoning district is 5,400 square feet.
D. Proposed Zoning: The proposed R-3, Urban Single Residential, zone allows
single-family residences as permitted uses and has a minimum lot size
requirement of 7,000 square feet and a width of 60 feet. The proposed City R-3
district closely reflects the existing and intended uses for the property and is
consistent with the other City zoning in the immediate area.
1
E. Size: The area proposed for annexation and zoning contains approximately 0.45
of acre.
F. Existing Land Use: The property proposed for annexation is currently developed
with a single family home. The property owner intends to create one additional
lot for another single family home and will file a plat subdividing the property at a
subsequent time.
G. Adjacent Land Uses and Zoning: The land use in the area is primarily single-
family residential along with some duplexes and some apartments.
H. General Land Use Character: The general land use character of this area can be
described as primarily residential with a mix of duplex and single family homes.
This area can also be described as being in an olden established part of Kalispell
and would be considered primarily infill.
I. Utilities and Public Services: All available public services and facilities will be
provided to these properties at the same level of service as other properties
similarly situated in the city limits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
School District #5, Kalispell
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Police:
Kalispell Police Department
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
Does the requested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy future land use map as
"Urban Residential" which anticipates residential development with a density of
between four to 12 dwelling units per acre. Because of the provision of public
water and sewer to the site, the proposed R-3 zoning designation is in compliance
with the future land use designation for the area. The R-3 zoning has a
minimum lot size requirement of 7,000 square feet. This same zoning
designation has been applied to most properties in this east Kalispell area. The
proposed zoning is in compliance with the anticipated land use for the area
which anticipates a mix of single-family and duplex dwellings in urban
residential areas.
2
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5
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7
Is the requested zone designed to lessen congestion in the streets?
Once the property is further developed, all of the new development will be
constructed to City standards. Traffic in the area will increase insignificantly.
The requested zoning designation and subsequent development of the site will
not lessen congestion in the streets in the area, but this level and type of
development is anticipated to occur as development of the area continues.
Will the requested zone secure safe from fire panic,and other dan ers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. New construction will be required to be in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal services including police and fire protection, water
and sewer service is available to the area and will be extended as part of the
development of this property at some point in the future.
Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and providing a place for new housing in the community.
Will the requested zone provide for adequate light and air?
k,- L{JG{,4I,- llt-1 L1L, C4AI" L,JVl.rage � LCUI%ACLLkAJ LVL LLI. Vl.1V�Ji11L.liL VLF. l,a,ll ilig U11 LJ AX,l O7LU:
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
Will the requested zone prevent the overcrowding; of Iand?
As previously noted this area has been anticipated for urban residential
development and now that public water and sewer are in close proximity an R-3
zoning designation is appropriate. The anticipated density falls within the
proposed R-3 zoning designation. All public services and facilities will be
available to serve this subdivision. Currently this property is in the County
jurisdiction and is zoned R-4, Two Family Residential, but they do not have
access to public sewer and water without annexation.
Will the requested zone avoid undue concentration of people?
The allowable density for this property will not change as a result of annexation
which is currently zoned for single-family homes and duplexes. Minimum lot
standards and use standards as well as subdivision development standards will
avoid the undue concentration of people at the time the property is developed.
3
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewera e schools arks and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
9. Does the requested zone _give consideration to the particular suitability of the
property for particular uses?
The proposed R-3 zoning district is consistent with the surrounding zoning and
land uses an the area and gives due consideration of the suitability of this
property for the permitted uses in the district.
10. Does the requested zone give reasonable consideration to the character of the
district? -
The general character of the area is urban sized lots for residential development
on City sewer and Lower density development where on -site sewage treatment
methods are being used. The same type and density of development can be
anticipated to occur on this property that is in the area and will be consistent
with the character of the neighborhood.
11. Will the ro osed zone conserve the value of buildin s?
Value of the buildings in the area will be conserved because the R-3 zoning will
promote compatible and like uses on this property as are found on other
properties in the area.
12. Will the requested zone encourage the most appropriate use of the land
throe bout the munici alit ?
Urban scale residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this parcel. The
proposed zoning is consistent with the future land use designations for the area
and surrounding zoning.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-05-6 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for this property upon annexation be R-3, Urban, Single Family
Residential.
REPORTS \ KALISPELL\ 05 \ KA05-6
:l
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, NIT 59901
Phone: (406) 751-1850 Fag: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT: t `I /) � t e-L-ev/J'.
MAIL ADDRESS: 3 3 C"dt. ' zz t-e—
CITY/STATE/ZIP: Lr ! PHONE:
INTEREST IN PROPERTY: / Lail.`��'
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP: PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: % 4 o
Legal Description: s'Q
(Lot and Block of Subdivision; Tract #)
1-7- 2e Ark Z 7711S.%
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac) .1>
The present zoning of the above property is: liE'r��s
The proposed zoning of the above property is:
4--
State the changed or changing conditions that make the proposed amendment necessary:
A -`4
54
1/V 'A\ /t h/ff! to / �) %7-C17 e1 1167 4-,I.-/ t7V 6&1(le /7."//
!JkJ
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Tri-City Planning staff to be present on the
property for routine inspection during the annexation process.
rj f
(Applicant) Date)
tin Ai--, 4T k aa-y o* .pre ! ) I005, be-Jo'-e Y*w-.
zs M.e +4,rtia, r5 t ya a�tir€d -U a7d— E AVtcSll
execn.�t� sue►^-�.l ,�Cj._,t.,�r.-fv€.�,Ga�acyv
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL. FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation. Service Plan for
this annexation pursuant to Section 7 2-4610, M.G.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the �50LIr* Rural .Fire District under the provisions of Section
7-33 2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioners) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-47'6 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
Petitioner/Owner Date
Petitioner/Owner Date
Please return this petition to:
Tri-City Planning Office
17 214 St East, Suite 211
Kalispell MT 59901
NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property
to be annexed that has been reviewed and certified by the Flathead County Plat Room.
STATE OF MONTANA )
ss
County of Flathead County
On this � flay of A �2 rt�,t^,105 , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared =d 6 known
to me to be the person whose name is subscribed to the foregoing ins meet and acknowledged
to me that he/she executed the same. .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and _
near in this certificate first above written.
Notary Pu 1 c, State of Montana
Residing at YC��s7�a_)
My Commssion expires: /��Z62
STATE OF MONTANA )
ss
County of Flathead County
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that lie/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
vPar in thiG certi- first_ _.... __._ _ _ . _ _.....-
STATE OF MONTANA )
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
the and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
EXHIRIT "A"
A tract of land being 1.50 by 300 feet in size and lying and being in the East half of the
Southwest Quarter of Section 17, Township 28 North, Range 21 West, M.M. particularly
described as follows:
Beginning at a point 66 feet soatherly from the Southeast corner of Bock 248 of Kalispell
Townsite Company's Addition Number Seven to Kalispell, according to the map or plat
thereof on Ble and of record in the o11-i'ice of the Clerk and Recorder of Flathead County,
Montana, and which point is the Southerly continuation of the east line of said Block 148;
thence southerly along said continuation line, a distance of 300 feet; thence westerly at a right
angle 150 feet; thence northerly at a right angle 300 feet, thence easterly at a right angle and
along the South line of 14P Street, City of Kalispell, 150 feet to the True Point of Beginning.
Excepting Therefrom
Part of the EI/2SW114 of Section 17, Township 28 North, Range 21 West, M.P.M., Flathead
County,-Montaua, and more particularly described as follows: Commencing at a point 66 feet
Southerly from the Southeast corner of Bloch 248 of Kalispell Townsite Company's Addition
Number 7 to Kalispell, Montana, according to the map or plat thereof, thence Southerly along
the coutLquation of said Block 248 a distance of 200 feet to the Point of Beginning; thence
Southerly along said continuation. of Block 248 a distance of 50 feet to the Northeast coXtzer of
tract described in Deed to lrvin a Miller, et ux, recorded September 27,1966 under
Recorder's Fee No. 6587 iu Boob 484 page 349, Flathead County, Montana; thence "Westerly
along the Northerly boundary of said Miller land a distance of 150 feet to the Northwest
corner thereof, thence Northerly and parallel to the lianc Rrst herein described, a distance of
50 feet; thence .Easterly and parallel to the Northerly line of said Miller land a distance of 150
feet to the Poirot of ftigg ui ug.
AND
rAho sVa%cpuu� T�wri tvw:
A tract of land 50 feet by 150 feet in size lying in the East Half of the Southwest Quarter
(E112SWI./4) Section 17, Towuship 28 North, Range 21 rest, Principal Meridian- Montana,
more particularly lying in the parcel of land described in the Records of the Flathead County,
Montana, Book 367, page 75, and particularly described as follows,
Beginning at the Southwest corner of the property described in alcove referenced Boob 367,
Page 75, and hereinafter denoted as said property; thence Northerly 50 feet along the
Westerly boundary of said property; thence Easterly 150 feet more or less parallel to the
Southerly boundary of said property to the Easterly boundary of said property; thence
Southerly 50 feet along the Easterly boundary of the said property to the ,Southeast corner of
the same; thence Westerly 150 feet more or less along the Southerly boundary of said
property to the P'oiut of Beginning.
Also, a strip of land 16 feet in width beginning at the intersection of the Westerly boundary of
said property and the Southerly city limits of the City of Kalispell; thence Southerly along the
said Westerly boundary to the North boundary of the 50 feet by 150 feet parcel of land
herinbefore conveyed; thence Easterly along the said North boundary 16 feet; thence
Northerly and parallel to the aforesaid 'westerly boundary to the afore said city limits to the
Point of beginning.
Less and excepting therefrom any right, title or interest in any minerals, mineral tights, or related
matters, including but not limited to oil, gas, coal., and other hydrocarbous.
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VICINITY MAP SCALE 1" = 125'
DAVID & BEVERLY MOSBY
REQUEST FOR ANNEXATION & INITIAL ZONING- OF R-3 j
(URBAN SINGLE FAMILY RESIDENTIAL) FROM COUNTY R-4
(TWO --FAMILY RESIDENTIAL) DISTRICT ON APPROXIMATELY
0.45 ACRES
PLAT DATE: 4/8//05
FILE -# KA - 0 5 - 6 H:\gis\sice\ka05_6.dwg
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Fuoue: (40aJ 751-185V
Fag: (406) 751-1858
tricitygeenturytel.net
MEMORANDUM
TO: Kalispell City Staff
Other Interested Parties
FROM: Narda A. Wilson, Senior Planner
RE: May 10, 2005 - Kalispell Planning Board Meeting
DATE: April 20, 2005
These items will go before the Site Development Review Committee in the Kalispell
Building Department on the following dates:
April. 21 - Initial Review
.April 28 - Staff Comments
Please Note: Not all of the projects listed will warrant your consideration or
comments - only those within your applicable area of jurisdiction or review.
Final Comments : sy:
April 28, 2005 so that they can be incorporated into the staff report for the May 10,
2005 public hearing. Please bring your comments to the above referenced site review
committee meeting(s) or submit your comments mi writing or by phone, prior to April
21, 2005 so that they can be incorporated into the staff report to the planning board.
You can reach me at 751-1852 or e-mail at tricitynarda(a centurytel.net.
A request by David E. and Beverly K. Mosby for an initial zoning designation of
R-3, Urban Single Family Residential, upon annexation to the City of Kalispell
on approximately 0.45 acre. The property is located on the south side of 14tb
Street East and west of 6th Avenue East. The property address is 1404 6th
Street East.
2. A request by Andy Silvers for a conditional use permit to allow the conversion of
four single family lots to four two unit townhouses, or eight sublots, for a total
of 40 lots on approximately 10 acres in Cottonwood Park Subdivision. The
property is zoned R-3, Urban Single Family Residential, 'which allows two unit
townhouses as a conditionally permitted use.
Providing Community Planning Assistance To:
• City of Kalispell - City of Columbia Falls • City of Whitefish •
Referrals KPB 5 / 10 / 05 mtg
April 20, 2005
Page 2
3. A request by Andy Silvers for an amended preliminary plat approval of
Cottonwood Park subdivision, which would convert four single family lots to
eight townhouse sublots thereby creating a 40 lot residential subdivision on
approximately 10 acres. As proposed there would be 32 lots for single family
homes and eight townhouse lots. The property is zoned R-3, Urban. Single
Family Residential.
If you need additional information regarding any of these items, please call me. Thank
you for taking the time to review and comment on these items.
c: wf attachments: F. Ray Rufatto, Fire Dept.
Mike Baker, Parks and Rec
James Patrick, City Manager
PJ. Sorenson, Zoning Administrator
Roger Krauss, Police Dept.
Frank Castles, City Engineer
Jim Hansz, Public Works Director
Andrew Sorenson, Assistance City Engineer
Sandy Wheeler, Community Redevelopment
Susan Moyer, Community Development Director
Craig Kerzman, Chief Building Inspector
Charles Harball, City Attorney
CERTIFICATION
APPLICANT: David & Beverly Mosby
TCPO FILE NO: KA-05-6
I, the undersigned certify that I did this date mail via First Class mail a copy
of the attached notice to the following list of landowners adioinin the
property lines of the property that is requesting annexation.
Date: C
S-T-R: 17-25-21
Lot/Tracts# Portion of Tract 5Q
Property Owner/Mail Address:
David & Beverly Mosby
233 Coclet Lane
Kalispell, MT 59901
Montana Mapping
1405 Highway 2 West
Kalispell, MT 59901
AND ATTACHED LIST
-J- t
i y �.
David & Beverly Mosby Montana Mapping Ryan. & Nicolette Stiffler
233 Coclet Lane 1405 Highway 2 West 1413 - 6th Avenue, East
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Steven & Lindele Rutledge
1347 -- Sxh Avenue, East
Kalispell, MT 59901
Matthew & Susan Alexander
1437 -/2 - 5th Avenue, East
Kalispell, MT 59901
Michael Palmer
1336 - 6th Avenue, East
Kalispell, MT 59901
Seth & Jill Eagleton
1403 - 5th Avenue, East
Kalispell, MT 59901
Elmer & Myrna Allers
Ward Allers
108 Northern. Lights Blvd
Kalispell, MT 59901
Daniel & Tammy Syverson
1707 NW Mill Pond Road
Portland, OR 97229
Richard & Linda Roth
1343 - 6th Avenue, East
Kalispell, MT 59901
Jesse & Autumn Serio
1433 - 5Lh Avenue, East
Kalispell, MT 59901
Lyla & Bonnie Kammerdiener
1035 - 60, Avenue, West
Kalispell, MT 59901
Rex & Susan Boller Lorien Johnson. Dora. Winchell
25 West View Drive 1335 - 6th Avenue, East 1425 - 5=n Avenue, East
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricit a•centurytel_net
www. tricityplanning-nit. 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 an opportunity to present
your comments and concerns at the meeting noted below. You may contact this office for additional
information.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BARD AND ZONING
May 10, 2005
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, May 10, 2005 beginning at 7:00 PM in the Kalispell City
Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning
board will hold a public hearing and take public comments on the following agenda
items. The Board will make a recommendation to the Kalispell City Council who will
take final action.
1. A request by David E. and Beverly K. Mosby for an initial zoning designation of
R-3, Urban Single Family Residential, upon annexation to the city of Kalispell
on approximately 0.45 acre. The property is located on the south side of 14th
Street East and west of 6th Avenue East. The property address is 1404 6th
Street East. The property can be described as a portion of Assessors Tract 5Q
located in Section 17 Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
2. A request by Andy Silvers for a conditional use permit to allow the conversion of
four single family lots to four two unit townhouses, or eight sublots, for a total
of 40 lots on approximately 10 acres in Cottonwood Park Subdivision. The
property is zoned R-3, Urban Single Family Residential, which allows two unit
townhouses as a conditionally permitted use. The property can be described as
a portion of Assessors Tract 4C located in Section 2, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana.
3. A request by Andy Silvers for an amended preliminary plat approval of
Cottonwood Park subdivision, which would convert four single family Lots to
eight townhouse sublots thereby creating a 40 lot residential subdivision on
approximately 10 acres. As proposed there would be 32 lots for single family
homes and eight townhouse lots. The property is zoned R-3, Urban Single
Family Residential and can be described as a portion of Assessors Tract 4C
located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
No. 9311 .
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING
COMM SSiON
MAY 10, 2005
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, May
10, 2005 beginning at
7:00 PM in the Kalispell
City Council Chambers,
Kalispell City Flail, 312
First Avenue East, Ka-
Hspett. The planning
board will hold a public
hearing and take public
comments on the follow-
ing agenda items. The
Board will make a rec-
ommendation to the Ka-
lispell City Council who
will take final action.
1. A request by David
E. and Beverly K. Mos-
by for an initial Zoning
designation of R-3, Ur-
ban Single Family Resi-
dential, upon annexa-
tion to the city of Kalis-
pell on approximately
0.45 acres. The Proper-
ty is located on the
south side of 14th Street
East and west of 6th
Avenue East. The prop-
erty address of 1404 6th
Street East. The proper-
ty can be described as a
portion of Assessors
Tract 5Q located in Sec-
tion 17 Township 28
North, Range 21 West,
P_M_M., Flathead Coun-
ty, Montana.
2. A request by Andy
Silvers for a conditional
use permit to allow the
conversion of four single
family lots to tour two
unit townhouses, or
eight sublots, for a total
of 40 lots on approxi-
mately 10 acres in Cot-
tonwood Park Subdivi-
sion. The property is
zoned R-3, Urban Sin-
gte Family Residential,
which allows two unit
townhouses as a condi-
tionally permitted use.
The property can be de-
scribed as a portion of
Assessors Tract 4C lo-
cated in Section 2,
Township 28 North,
Range 22 West,
P.M.M Flathead Coun
ty, Montana.
3. A request by Andy
Silvers for an amended
preliminary plat appro-
val of Cottonwood Park
subdivision, which
would convert four sin-
gie family lets to eight
townhouse sublots
thereby creating a 40 lot
residential sub division
on approximately 10
acres.' As proposed
there would be 32 lots
for single family homes
and eight townhouse
lots" The property is
zoned R-3, Urban Sin-
gle Family Residential
and can be described
as a portion of Asses-
sors Tract 4C located in
Section 2, Township 28
North, Range 22 West,
P.M.M., Flathead Coun-
ty, Montana. _
Documents pertaining
to this agenda item are
on file for public inspec-
tion at the Tri-City Rlan-
ning Office, 17 Second
Street East, Suite 211,
Kalispei€, IVIT 59901,
and are available for
public review during
regular office hours.
Interested persons are
encouraged to attend
the hearing and make
their views and con-
cerns known to the
Board. Written com-
ments may be submit-
ted to the Tri-City Plan-
ning Office at the above
address, prior to the
date of the hearing, or
you may contact. Narda
Wilson, Senior Planner
at (406) 751-1850 or e-
maii her at
tricitynarda f centu rytel.
net for additional infor-,
oration"
/s/Thomas R. Jentz
Thomas R. Jentz
Planning Director
April 24, 2005.
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
CHRIS SCHULDHEISS BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF TBE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO 9311
LEGAL AD'VERTISMENT WAS
PRINTED AND PU BLISBED IN THE REGULAR
AND ENTIRE ISSUE OF SAID PAPER, AND IN
EACH AND EVERY COPY THEREOF ON THE
DATES OF APR 24, 2005
AND THE RATE CHARGED FOR THE ABOVE
PRU 'I G DOES NOT EXCEED TBE Mll' lMlLJM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FO THE SAME NUMBER OF INSERTIONS,
Subscribed and sworn to
Before me this
AD APR 25, 2005
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires 9/11/05
2005/MAR/02/WE➢ 05:50 Phi � ��r� P, 001/001
David MosbyI
C..w �r.. I I\[:�rra� 1Alilcnn rtrinifrtrrl�fritnantenrttil nofl
Sent: Tuesday, February 22, 2005 11 :50 AM
To: 'David Mosby'
Subject: RE, Feasibility and help with fees
Hello David,
This is in response to the information you sent last week regarding the
property at Sixth Ave East and 14th St East in Kalispell. After looking at
the: site and the laEyout of the building, it looks .like the most feasible
approach ;could be io create a flag .Lot that has 20 feet of frontage along
loth St. East, then place the house near the rea; of the site taming access
off of the alley. IA detached accessary structure only requires a five foot
setback so it look as though the existing buildings would meet the required
setbacks.
The forms you need
(www , tri,citypl.ann.i
and a petition to
than one aGre, as
notarized. The zo,
area. The applica
12th planning boar,
May. As for the su:
them locate the bu.
eligible fox a pre,
surveyor typically
fees for the minor
annexation and subs
everything goes yoi
city council .for al
annexation goes tha
Regards,
Narda Wilson
-----Original Mess
From: David Mosby
Sent: Thursday, Fe
To: A1CP Narda A.
subject: Feasibilz
:or the annexation can be found on our website
l-mt.com) and they are the annexation and initial zoning
mex. There is no fee for the annexation if it is Less
your case, You -will need to have the petition to annex
rg would be P.-3, consistent with other zoning in "the
on will, need to be submitted by March 7th for the April
meeting then on to the city council the first Monday in
ivision, you will need to contact a surveyor and have
dings and propose and, design. The subdivision may be
urinary plat waiver which streamlines the process. The
akes care of the plat filing as pact of their fee. The
ubdiv'ision are also listed on the website. The.
vision can be processed concurrently so provided
way you may he able to get the final plat before the
roval the first Noonday in May at the same time the
ugh. hops this information is helpful,
ailto:David@stewartmt.com]
uazy 17, 2005 4r05 PM
lson (E-mail)
and help with fees
Narda: Will this TWork? Also would you let me know the fees involved so 1
can complete my application.
Thank you, i
,
David E. Mosby
Stewart Title of Kalispell * 17 Ma -in Street * Kalispell, MT 59901
(406)755 7004, tax: (406)756-3777
Stewart Title of Kalispell David@stewartmt.com
17 ma'A Street
Kalispell, MT 59901 1
Phone: (406) 765-7004
Fax, (406) 766.3i77
ki
i
212arao05
2:40 PM