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03. Resolution 5064 - Annexation - Autumn Creek SubdivisionCity of Kalispell Planning Department l - 2"d Street East, Suite 211 Kalispell, Montana 59901 el lDn * 5 l -19 5 Fax: 75 l - l 5 We site: kal lannM* g.00M REPORT TO. Kalispell Mayor and. City Council FROG: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT ' Lee & Linda Hershberger - Annexation and Initial Zoning of 1 -2, Suburban Residential - Hwy 2 West and Hathaway Lame MEETENGDATE: October 3 � 2005 BACKGROUND: This is a request for an initial zoning designation 1 -2 , Suburban Residential, upon annexation to the city of Kalispell. The property contains approximately .6 acres and is located north of Hwy 2 West on the east side of Hathaway Lane. It is currently in the County zoning jurisdiction and. is zoned - 1, Suburban Residential, and is undeveloped. It is intended to be developed as residential subdivision c nta.in�.r�g 21 lots consisting of 17 single family residences and two two omit townhouses. The Kalispell City Planning Board held a public hearing at theirJune 14, 2005 regular meeting and this matter was continued because of issues with the subdivision relating to density, access, parkland and safety, The development er t gas revised and resubmitted and the planning board reconsidered the charges at their regular meeting ng on September 13, 2005. The staff evaluated the proposal and noted that the revised subdivision plans for the property attempted to address the planning board and neighborhood concerns. The staff recommended approval of the proposed R-2 € r ng and felt the developers had done their best to address the concerns expressed by the board. At both the public hearing held. on June 14, 2005 and the meeting held on September 1.31, 2005, there were several neighbors who expressed their opposition to the revised proposal citing c ncems with density, ne'19 hborhood character and r r arily the safety of the access at the mt. rsectle . of Hwy 2 West and Hathaway Lane. Their primarily c ncerr with that access had to do with traffic going eastbound conflicting icting with other eastbound traffic coming from Hartt Hill. The beard discussed the density allowed. under the R-2 zoning and the revision from previously proposed R-3, Urban Single Family Residential. They expressed concerns s regarding the density and safety as well, but felt that, the R-2 zoning was appropriate. erserr — Annexation and. Initial Zoning o September 22, 25 Page A motion was made to recommend approval of the propose. R-2 zoning upon annexation to the city which passed on a unanimous vote. RECOMMENDATION: motion to adopt the resolution for annexation and approve the first reading of the ordinance for initial zoning of R-2 would be in order FISCAL EFFECTS: Mirror positive impacts once fumy developed. ALTERNATIVES: TIVES suggested by the city council. Respectfully submitted, Y �l� Nar . A. Wilson amen :t c-:_M1 Senior Planner City Manager Report comp .e : September 22, 2005 Attachments-. Theresa White, Kahl ell City Clerk RESOLUTION No, 5064 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 ASSESSORS TRACTS AAK 6DI AND 6AB LOCATED N SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P,M.M*, FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS H:ERSBBERGER ADDITION No. ; To ZONE SAID PROPERTY 1N ACCORDANCE WITH THE KALIS E L ZONING ORDINANCE, AND To DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Lee and Linda Hershber, er, the owners of property located north of Highway 2 West, on the east side of Hathaway Lane, requesting that the City of Kalispell sex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the Hershber er's Annexation Request, #K -o -8A (Amended), , dated September 7, 2005, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R -2, Suburban Residential on approximately 8.69 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property as deser'bed above be annexed to the City o Kalispell and the boundary of the City is altered to so provide, and shall be known as Hershber er Addition No. 369. SECTION 11. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record 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 later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same .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 Kalispell Zoning Ordinance. SECTION N V. 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 3RD DAY OF OCTOBER, 2005. Pamela B. Kennedy Mayan ATTEST: Theresa White City Clerk MOTION Gabriel moved and Hinehey seconded that staff report KPP- o - to be adopted as fmdln s of fact and recommend to the city council that the preliminary plat be approved subject to the conditions listed on the staff report. BOARD DISCISSION Gabriel said that Chef Brodehl and his crew worked hard on this pro] eet and it is race to see it finally come into being. The architects have done a fine job. Taylor said that this is an exciting time to be part of the �k process and he shared that view. Norton said that the citizens of Kalispell have actually already voiced their support on this issue. ROLL CALL The motion passed unam*mously on a roll call vote, NEW VnWT PROPERTY A request by New West, L LC for an l rt al zoning ANNEXATION, CONDITIONAL designation of R-3 , a request for pr 1iniinaxy plat approval USE PERM' A' of Autumn Creek Subdivision, a 27 loft residential RENARY PLAT subdivision, and a request for a conditional use permit to allow the creation of six two unit townhouses or 12 townhouse lots mn'thin the proposed autumn Creek Subdivision The property is Located north of Hwy 2 West, on the east side of Hathaway Lane on approximately 8.694 acres. STAFF REPORT'S KA- 5- . Na da Wilson, With the Try. -City Plannmg Office, gave a. KPP- 5-9 & KCU-05-6 presentation of Staff Reports KA- 5-8, KPP-05-9 and KCU- o - , A request by New West, LLC for an initial zoning designation of R-3 , a request for prelimina-ry plat approval of Autumn Creek Subdivision, a 27 lot residential subdivision, and a. request for a. conditional use permit to allow the creation of six two unit townhouses or 12 townhouse lots within the proposed . utur n Creek Subdivision. Wilson said that in looping at the zoo , this property is on the urban fringes of Kalispell. The developer plans to extend utilities from Greenbriar Dfive to the northeast through the City park area and obtain an easement from DOT through their property and the bypass eorndor. The bypass cuts off the northeast corner of this site. v son continued that the Growth Policy designates this area as suburban residential or up to 4 d reams per acre. The creation of 27 lots on 8.65 acres creates a density of approximately 3 dwelling units per acre. In talking to the developer they initially discussed an R--2 zonmg designation but lot ' dt x created problems with the design, The developer decided that an R-3 would better serve the density they wanted, and because it eorrlphed wi the Kalispell City Planning Board Minutes of the meeting o dune 14, �O� Page 10 of 2 Growth Policy for the area, staff supported the R-3. Staff is recommending ding that the planning board adopt staff report KA- 5-8 as findings of fact and recommend to the Kalispell City Council that the property be zoned .- 3 upon annexation. Wilson said regarding the preliminary plat the subject property is about 1100 to 1500 feet from. the Highway 2 West access along Hathaway Lane. The developers are proposing an internal access road that essentially ends in cul-de-sacs. de -saes, 'There are 27 lots in the subdivision with 6 o the lots designated for two --unit towhouses. The rest of the lots in the subdivision wifl be single family. There is a open./wetland area that would be set aside as are .developale portion of the site. Wilson rioted that there is a significant portion of 100-yeas floodplain on this property. She said that this is what is called a non -detailed study area of the 1 oo-year floodplain and they don't know what the base flood elevation is for this area. As part of the process after the developers get approval they wiR have to make application to FEMA to amend the floodplain map to deternu*r e exactly what the base floodplain elevation is and where the 1 oo-year floodplain lies. Wilson said that a recommendation is that no lots he pre -sold until the floodplain study is complete. Wilson continued that here is a significant tredand on the property and a. culvert that goes under the roadway along the north portion of the site. Depending on where the floodplal� is defined a section of this road may encroach into the too -year foodpl.a.'. Wilson suggested that a. condition should be added to the preliminary plait and conditional use pest that would require a. loodplam Development Permit and a. perrrxit from the Flathead Conservation Distrl.ct in order to work in the culvert area. Wilson said the access road as Hathaway Lane, a County road that is in fair condition. It has a pavement width of about 22 to 24 feet and here are no sidewalks, curbing, or landscaping. Hathaway Lane accesses onto Highway 2 and staff has added a condition that the developer contact MDOT and the County Road Department with regard to improvements to that access and requires that they obtain a letter from. MDOT and the County stating that those improvements have been completed prior to fmal plat submittal. The County Road Department will have to approve the new access onto Hathaway which currently exper-iences fairly light volumes of traffic. With the traffic from the proposed. subdivision the traffic on Ha.thawav would nrobablv double. K hpelf City Planning Board Minutes of the meeting of June 14, '400 'age 11 of 20 at a minimum staff is recommer df that a waiver er note be placed on the flat protesting the creation of a special improvement district for the upgrade of Hathaway Lane to City standards at sorry.e poft l the future. Wilson said that this property has some significant habitat for birds, cattails, and grasses. It is very wet and lush and is not dry at any time of the year. The developer has attempted to limit impacts to the r' a 'are area by creating a 1.85 acre area that would be owned and maintained and conserved by the property owners within the subdivision. Drainage would have to be addressed with ors. -site retention of stormwa.ter which would be reviewed and approved by the Public Works Department. The utilities are corning from the northeast down through State-owned property and would be extended to the furthest boundary of the subdivision that would allow for the logical future extension.. Wilson has been contacted by at least one property owner M the area who may be interested in connecting to City water and sewer once services are available. State and local subdivision regulations require 1 % of the area in lots be set aside for parkland or otherwise addressed through cash in lieu. The area. M lots is 5.2 acres generating a requirement ent for .58 of an acre in park. The developer would like to use the designated open area on the preliminary plat to satisfy the parkland dedication requirements. The Parks and Recreation Director has stated that the passive open space doesn't fulfill the park requirement t for subdivision and that he would lie the developer to work with the City to develop a. plan for parkland development or cash in lieu. There is a condition in the recommendation that addresses the parldand rec u rements. if cash in lieu of parkland dedication is d.etermm' ed. to be the appropriate altema.ti e It is based on .58 of an acre valued at approximately $25,000 are acre or the amount $14,500. The Kalispell Bypass is proposed at the northeast comer of the subdivision. Staff is recommending that a rote be placed on the plat that this area is reserved for future might - of -way a.c u isitior . Staff is recommending that the planning board adopt staff reports KPP-05-9 as fmding of fact and recommend to the Kakis ell City Council, that the preliminary plat of A tu= Creek Subdivision be approved subject to the conditions listed M the staff report with -the addition of a condition to read, "A letter from the Flathead ConservationDist-tict shall be submitted with the final plant stating that a. permit has been obtained for work in the wetland area and that the Kalispell City Planning Board M i nu te. s of the meeti ng of f une 14,00 Page 12 of 20 terns and conditions of the permit have been met." Wilson noted that a. letter was received from the owners o parcel 6DHA who had concerns rega ding the impacts to Hathaway Lane, ftnprovements to the nterseetion along Highway 2, and that the environmentally sensitive areas are protected. Wilson added that she spoke to a property owner to the nordi who had a request that some kind of buffering be provided between his property and the subdivision. Wilson noted that this was addressed r�. the conditions. Wilson said the last item relates to a conditional use pest for the creation of the townhouses in the subdivision. The R-3 zoning allows the creation of townhouses subject to some provisions. There were 27 lots proposed -in the subdivision which meets the density requirements that would e allowed under the zoning for the creation of the two -unit townhouses. Staff is recommending that the planning board adopt staff report KCU-0 - as endings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be granted subject to the amended conditions, and that those conditions be consistent with the preliminary plat. QUESTIONS BY THE BOARD Taylor said under Condition 14, what enforcement power, if any, does Kalispell have to move MDOT along in a timely earner. Filson responded that it would be up to the developer to work with MDOT regarding the issuance of that pest and to identify what improvements, if any, would be needed.. Taylor said that he was concerned regarding the letter dated April5th, frOM16 of the residents, who voiced a great deal of concern over Hathaway Lane and the intersection with Highway 2. Taylor for asked. Wilson if Condition 14 fully addresses their concerns. Wilson didn't think that here was anything more that they could do to further address it; Hull asked if there was a hmit on homer long a road could be thatwasn't looped and a dead end road. Wilson said that she net with. the Fire Chief Randy Brodehl on this natter and the subdivision complies with their standards. Norton said that he feels that staff' is hesitant about this subdivision. Filson said no, she thinks that this is a good subdivision with a good design. With the development some kind of park area it would be better. Kali p it City Planning Board Minutes the meeting of June 14, 2100 'age 13 of 20 SIC HEARJENG The public hearing was opened to those who wished to speak on the issue. "PLICAN S/AGENCY Michael Javorka stated as the owners of New West Properties, LLC, he and his wife have presented for the Board's review and consideration the property Autunm Creek. The property provided them are opportunity for investment into a project that they believe benefits the City by rovi.dmg successful infffi in accordance with the future growth plan and. design. It also takes the land Mto a more environmentally appropriate use with respect to both waste and water and a. chance to secure the marsh areas for clean water and wildlife habitat. They have been residents in,the Flathead for 25 years and currently reside with the City. His wife has been a classroom teacher in District 5 for 18 years, all of those within the Peterson Elementary School in which this neighborhood falls. They have been active on various civic and conservation boards and conumttees. As they moved into development on this property their concern and interest, afl along, has been to create a. subdivision that provides a true sense of neighborhood and one into which lot design, covenants and infrastructure are based on the highest possible appropriate standards. He has appreciated the help of the Tri-Citylanning office and has found them to be extremely approachable and they have provided hirn With. lot of guirda.ce throughout. s they submit their ro ect they appreciate the Board's review efforts. avorka continued that when they began their fact-finding the land as it lays right now is within the County. If it remains within the County their feeling ig was that the only use other than the existing pasture lard or gricultural land would be in low density residential similar to what is there now. This would mean that if the land went from, vacant to residential it would be M the forrn of septic approval and the drilling of more wells. Give. what Planner Wilson had already shared he felt, especially with the ability to bring the utilities through the easement and attaching it to the City made good sense as far as the enviro=ental aspects with the project. Javorka said that he is aware that there are developers working in the areas southeast of heir project with designs for additional home sites with wells and septic. avorka met with some of the neighbors ineludm* g Lyle Brett who owns the property immediately to the north, of this project, the owners of Flathead Janitoari.a.l., Mr. & Mrs. Parsons, and Mark Noland, and discussions included the ossi i .i.ty of future subdivision of thoseproperties. fipefl City Planning Board Minutes of the meeting of ,dune 14, 005; Page 14 of 20 da orka said they are taking the first step and pioneerffig the first neighborhood i this area adjacent to the City. Relative to the traffic they are interested. and wMi g to do it correctly. He was extremely pleased with the discussions with. MDOT and he feels that there will be cooperation to improve the Highway 2 intersection to make it safer. There are a lot of neighborhoods that open onto less than ideal highway situations but they stand willing to work with the State and County for both Hathaway Lane and the access on U.S. Highway 2 West. Bill Boger, Thomas, Dean 8& Hosts stated the flood lain study has been completed and the f, ood lain elevation that they submitted to FEMA was elevation 296 1, which is 2 feet below the top of the bank on the development side of the floodplain area.. He spoke with the FEMA reviewer and they have begun their review of the study and anticipate a answer back within 60 to 90 days. Boger said that they received a letter from the MDOT that states "The subdivision will not have a. significant i a.ct on the existing system.. However, increased traffic will provide incremental impacts that will reduce the productive service life of U.S. 2, merest of Kalispell." Boger said that they have received a timely response from MDOT and they are wing to work with them in conjunction with the intersection but Boger added, MDOT does not have a major or coy cem regard.in g the intersection at U.S. Highway 2. Boger continued that in regard to the parkland dedication he has the reviewed the section from the City subdivision regulations and the amount of wetland that would be set aside as open area exceeds 20% and approaches 25 of the entire parcel. They are asIdng that this exception be exercised as it is a wetland, which is a critical wildlife habitat. Boger said that they are concerned with the bypass corridor in the northeast corner. From a legal standpoint of establishing a plat, MDOT has not identified the length that they will acquire as part of the bass right-of-way so it is difficult to designate the exact area of what would be set aside for the bypass. What was shaded on the submittal is simply a hest guess at this point. The person burg those parcels would be buying an undefmcd amount of land and Boger asked if the Board could modify that condition. They are, however, aware that MDOT Will be u.rcha.sirg that as part of the bypass right -of -moray. Taylor asked. Boger if he was saying that without knowing what the boundaries are for those parcels they would still consider selling hose properties to a willing buyer but the buyer won't know rh.a.t his exact lot size is. Tavlor asked Kalispell City Planning Board Minutes of the meeting of June, 2005 Page are you going to sell therm or withhold them from sale? Boger said that those 2 parcels would have to be withheld from sale until that can be identified. Taylor said that is other words you agree with that condition. Boger er said absolutely, there does need to be some designation that those properties will be subject to the MDOT right-of-way. avorka said he wanted to address Mr. Bart ett's property and said that they would be quite wiffing to provide a buffer along his property to the north. To clarify the parkland issue he said that they feel that they are in compliance, however, it is not a deal -breaker. Whether it would t redesign the space into actual parkland or male the cash - in lieu payment. PUBLIC CO M3MNT Lyle Bartlett, 33 Hathaway Lane, Kalispell stated that he ovms the property north of this development. One of his concerns is where the proposed subdivision road would pass over the creek there is a. culvert and he has a deeded right for the water. The outtake is located at the southeast end of the culvert and the pipe has to be taken out in the cuter, and the silt removed en'odica.11y so he is co .cemed that he will not be able to access the culvert site and then there will not be enough water to pump. He also requested that some sort of buffer be ffistaUed along the property line. Bartlett said he has concerns regarding the traffic and safety at that the junction with Highway 2. Norton asked if Bartlett was interested M suhd. vidi g his property. Bartlett said not at this time. Mark Noland, s Hathaway Lane stated that he own Flathead Janitorial and. 3 parcels behind it, west of this proposed subdivision. Noland said that he is in favor of this project if It will correct and help facilitate access onto Hathaway Lane. He has been In business there 20 years and has seem many accidents. They have petitioned for work to be done on this intersection before, without any result. With his business there they access this road hundreds of times a day, and his ch .d.ren drive this road and he hoped that this would trigger the needed improvements to the intersection. He also said that he may e interested in the future development t of his property. Taylor commented ted. that Mr. Boger said that the MOOT representative does not have a concern with this intersection. Does it mean that they don't think it is a big deal or that they won't be involved. Boger said that HOOF doesn"t see a significant impact from the additional traffic that would be generated. Kalispell City Planning Board Minutes of the meeting of June 1, 00 Page 16 of 20 Wilson eked that she felt that the letter meant that the volume of traffic ,c enera.ted onto Highway 2 as a result o this subdivision not significantly impact the level of service that the road provides. She doesn't think that it was saying they don't think that there are any warranted improvements to the intersection of Hathaway and Highway 2. Taylor asked who is o the ball. Wilson said MDOT and the County. Valerie Parsons, 92 Hathawav Lane stated that she realizes growth happens whether you like it or not. They are so close to tovm but the very minute that they heard about this she though about the road because it is dangerous. Her solution is to try and approach a landowner further down so that there is more than one exit so that it wouldn't quadruple the traffic on the road. Parsons said that it is something that reeds to be looked at and she would like to see a park happen for the people who will be boxed in because they will be going onto everyone a se's property if there isn't a. park. The traffic is bombing down Hart Hill and they often drive down to Gateway West and tuna around and cone back. Parsons encouraged the Board to be proactive and look at all of these issues. Carol Coll M* s, 19 Hathaway Lane stated that she is confused about the statement that MDOT said it will not have a negative impact on Highway 2 West and them she heard that they don't see any problem with the intersection. She sees the same problems with the intersection for the same reason that Parsons does. At tries she has to wait 5 minutes to get on the highway. Collar also was confused on how the homeowners would maintain the wetland which doesn't seem like it should be the responsibility of the homeowners. Collins asked where the cash -in -lieu of parkland money would go. Taylor said that the money would go to the City of Kalispell and the City would determine the best application lication 'or the funds. Leah Lindsey, 13 Hathaway Lane stated that their first concern is the road. As you are coming down Hart Hill there are a lot of truckers who use the highway, gearing down and they are flying. They are scared to let their children walk to school, the busses won't even use the road and it as difficult to get our kids to school. It as a wear steep curve coming out from Hathaway onto Highway 2. Mere as really no where to widen the road and they are concerned how they will get off and on the highway especially if the traffic is quadrupled, There are a lot of accidents there. Lindsey also requested an EIS be developed to address the wetlands. They are concerned about gaiter drainage, da.r .age to their property and their wells. Kalispell City Planning ,hoard Mimics of the meeting of June14, 2005 Paw 17 of 20 No one else wished to speak and the public hearing was closed.. MOTION Traylor moved and Gabriel seconded to adopt staff report KA-05-8 as f~mdings of fact and recornmend to the city council that the initial zoning designation of R-3 be approved subject to the conditions listed. BOAR DISCUSSION Hull said that he sees a. number of problems With this subdivision. It is on a dead end road and he didn't see any way for an access through to ''tyro Mile Drive. There are se .ous problems with the access onto Highway 2 and 2 o the lots are in the bypass. Huh said that the townhouses make the project fairly dense. Not only would they need a 310 e=t from the Conservation District but the Corps of Engineers would he interested. if anything was done to the creek. Hull sa-id he doesn't think it is a well designed or thought out subdivision. He fees that it would be a potential and constant problem for the City and the Board would be sorry that they approved it. i.nchey agrees with a. lot of what Board Member Hull said. e said that it seems to be one long cul-de-sac offs of U.S. Highway 2, which doesn't feel right to him.. There are problems with the parkland and he can't see pitting an additional 300 trips a day on that road. if we approve this we would he putting the cart before the horse. It these issues were addressed he could support it but not at this time. Gabriel said that she is struggling with this proposal. The a orka "s are victims of their surroundings. She likes the i.d.ea of the proposal but doesn't think that it will fly because of the parkland issue and the safety on the road.. She sees the Board creating a potential nightmare. Gabriel asked if here were any comments from Public Works, Wilson sa�d that what the County would do is swap maintenance responsibilities for these outlying areas. The City is less than a ' 4 of a mile from tWs site. Wilson said that Public Works did not express any concerns regard.i.r g heir ability to maintain these roadways. Gabriel said that she is having difficulty making a comfortable decision to proceed.. she said that there are enough questions to support Hinchey's statement that they are not here yet. Norton stated that this is a. very well put together packet which answered a. lot of his questions. Unfortunately it doesn't sway hirn from his initial concerns which are with the roadway, density, and the wetlands. He knows some of the properties out there and what people had to go through to put in septic systems. He feels it would be a benefit to transfer over to City services but the other issues outweigh Kalispell City Planning Board Minutes of the meeting t f June 1, 2005 Page 1 this benefit. Norton said that R -3 is too dense for this area and he would like to see a cluster development ent instead which would alleviate his concerns .s because it would reduce some of the impact, provide open space, and reduce the impact to the roadway. Norton said that he doesn't know how beneficial it would be for development in this area until Hathaway is improved. Norton said if the issues were addressed and the developer care back with a lower density he probably could support it. Taylor said that his conunents echo what has been said. Taylor said that here are too many unanswered questions regarding food lair, wetlands, roads, and the bypass. The letter signed by 16 residents on April 5, 2005 creates a picture that you carp.;t easily put out of your mind. Taylor said that he wouldn't live there unless he was sure that the intersection with Highway 2 was safe. He would like to pin MDOT down and see a plan before he would review it again. ROLL CALL The original motion ors failed unam*mously on a roll call vote. BOA DISCUSSION Wilson asked if some of the concerns could be addressed y conditions, or if there would be an alternate zoruffig to recommend that would be applied to this property that would reduce the density. Wilson said that what the planning board is recommendiLng to the City Council is that the R-3 is not recommended. 'aylor said what they are saying is they would welcome another review of this matter if some of their corker s were addressed. Wilson suggested that the project be tabled to a specific date or continue the project until such time as the developer can provide them with the additional information that they are looking for. It the Board decides not to table or continue the proposal they would reed to pass on a recommendation to the council regarding the prehminary plait and the conditional use permit that would be for denial. Then it would be left up to the Council for a decision. Taylor said that the Council would depend on us for a lirrn recommendation. MOTION Gabriel moored and Taylor seconded to continue U�e annexation, rehr ' ary plait, and conditional use permit for the Autumn Creek proposal, until such time as the developer has acquired the info=ati.on that the planning board is looking for, related to those issues that were identified. Kalispell City Planning Board Minutes of the meeting; of June 14, 2005 Page 19 of 2 ]EN2 CALL The motion to continue passed unanimously on a. roll call Grote. OLD Busnnss Taylor met with City Manager JIM Patrick regardm' g the Board's eo .cem that the Redevelopment Incentives, Architectural and Lighting Standards, and Sign RegWations have been held up with the City Council without action. Mr, Patrick apologized and stated that the Council was focusing on the budget at this time and. when the budget is f aized those items will have the full consideration of the City Council. The Board agreed that this was a. good moray to approach their co . ems . There was some discussion regarding the Montana. Venture Partners annexation of property south of the city along emers llle Road.. Wilson added that this item will be discussed In detail at the planning hoard hearing June 2 1, 2005. NEW BUSINESS Where was no new r usiness. Wilson noted that next r ont 's agenda is hg t. ADJOURNMENT The meeting was adjourned at approximately l o :15 p.m. The e .e t meeting of the I ahs e ,l City Planning Board and Zoning Commission wiH be held. ors Tuesday, June 21, 2005. George Taylor President Michelle Anderson eeordmg Secretary APPROVED as submitted/corrected: /_/05 Kabspell City Planning Board Minutes of the meeting of June 14, 200-15 Wage 20 of 2 City of Kalispell Planning Department 1 - 2d Street .fast, Suite 211, .Kalispell, Montana 59901 Telephone: 5 - 1 5o Fax: o 51-15 W rite: kalispellplanning,com September 22, 2005 James H. Patrick, City Manager City of Kalispell. P.O. Box l Kalispell, MT 59903 Re: Lee and Linda Hershberger - Annexation and Initial Zoning of R- 2 Hathaway Lane and Hwy 2 West Dear Jim: The Kalispell City Planning Beard met on September ber 13, 2005 to reconsider a request for are initial zoning designation of R-2, Suburban Residential, .al, . ors annexation to the city of Kalispell. The property .ta ns approximately 8.69 acres and is locate. north of Hwy 2 West on fe east side of Hathaway Large. It is currently in the County zon g jun*sdiction and is zoned - 1, Suburban Residential, t .al, and is undeveloped. It is intended to be developed as a. residential subdivision. containing 21 lots consisting of 1.7 single family residences and two two unit townhouses. A similar proposal came before the Ka .is eH Planning Board at their dune 14, 2005 regular meeting r g here a public hea. n.g was held. The proposal was continued in order to alloy the developer an opportunity to address issues related to density, arkJand, access and the safety concerns at the intersection of Hwy 2 West and Hathaway Lane. This revised proposal was brought back before the planning board at their September meeting. Narda Nilson of the Kalispell Planning Department, presented staff report K.- 05- 8A amended. and evaluated the proposal.. She noted revised subdivision plans for the property attempted to address the pla=ing board and neighborhood d con cems. The staff recommended approval of the proposed R-2 zoning and felt the developers had done their best to address the concerns expressed by the board. t the public hearing on June 14, 2005 and the meeting held on September 13, 2005 there were several neighbors who expressed their opposition to the revised proposal citing concerns with density, neighborhood character and rimar-*ly the safety of the access at the intersection of Hvvy 2 Nest and Hathaway Lane. Their primary concern had to dry with access and the traffic gong eastbound conflicting with other eastbound traffic coram g from Hartt Hill. Hershberger Annexation and Initial Zoning September 22, 2005 Page 2 The board discussed the density allowed under the R- 2 zonmir� and the revision from the previously proposed R-3, Urban Single Family Residential. They expressed c ncems regarding the e sly and safety as well, but felt that the R-2 zoning was appropriate. A motion was made to recommend approval of the proposed. R- 2 zoning upon annexation to the city which passed on a unanimous vote. Please schedule this matter for the October 3, 2005 regular Kalispell city Council meeting. You may contact this board or Nar 1a Wilson at the Kalispell Planning Department if you have any questions regarding this ratter. GT/ NW /zna Attachments. Exhibit A - Petition to hex Staff report KA-05- and application r. ater a .s Minutes from the l / 5 planning board. meeting Draft mutes from the 13 5 planning board meeting c w/ Att.- Theresa White, Kalispell City Clerk ew/o tt.-- Lee & Linda I ersh er erg 2 212 SE 384thSt, Enumclaw, w, WA 98022 TD & H � 31 Three Mile Drive, Kalispell, MT 59901 'er r & LIUDA HE S i R E — 1 UTUM3q CREEK SLTBD SI N REQUEST FOR Imo' IAA. ZONING OF -2 UPON ANNEXATION KALISPELL PANG DEPARTAMNT STAFF REPORT #XA-0S-8A (AMENDED) report to the Kalis eU City Planning Board and the KalispeU City Council regarc ng the initial zoruffig of R-2 upon annexation to the city on property in west KaEspell. A public .ear'ng was scheduled before the planning board for June 14, 2005 e g at 7-*00 PM in the Kalispell City Council Chambers. The planning board Will forward a recommendation to the Kalispell City Council for final action. BACKGROUND FORMATION This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 2 . 3. 010 ( of the Kalispell Zoning Ordinance, The property owners have petitioned annexation and initial zoning classification of R--2, Suburban Residential. The property is in the County zoning jurisdiction and is zoned R-1, Suburban Residential.. This property will be annexed under the provisions of sections 7-2-4601 through 7-2-4610, M. C . A. , Annexation thi n. A prehminary plat, Autumn Creek Subdivision, creating 21 lots on a. ro�dnately 9 acres has been wed concurrently with the petition to annex. A. Petitioner and hers: lee & Linda Hersh erger 24212 SE 384th street Enumclaw, WA. 9 022 Technical Assistance: Thomas Dean & Hoskins. 3 1 wee Mile Drive Kalispell, MT 59901 (406) 1-52 B. Location and Legal Description of Pro em: The property proposed for annexation lies north of Hwy 2 West, on the east sick of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 1 2, o nshi 2 North., Range 22 West, P.M.M. , Flathead d County, Montana. C. fisting zoning: The propel is currently in the County zoning ,jurisdiction and is zoned R- 1, Suburban Residential, a zoning designation that has a. one acre minimum lot size requirement and is typically in areas that are not served by public water and serer. This is Part of the West side Zon-ing District. D. imposed Zoning: The zorung 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 mm* i um lot size requirement rent of 9,600 square feet and a mird num lot width of 70 feet. Setbacks are 20 feet in the front and rear and five feet on the sides. This zoning reflects the lots that are being proposed in the subdivision with regard to lot see and the single fly homes intended for development. E. See; The property proposed for annexation and it da.l zonmg contains approximately 9 acres. F. Midsting d Use: Currently this property is vacant lard histon'caHy utidized for a ricul tural purposes. G. Adjacent Land Uses and Zoning* The i�=ediate area is c ..aracteHwd as a rural suburban an residential neighborhood. ood. Surrounding zoning is R-I and the parcel sizes vary from less than one acre to over five acres with the average parcel size in the area being around one acre. All of the surrounding land uses are single family residential. H. Genera. Land Use Character: The area can be described as an area on the urban fringes of Kalispell to the east. To the merest the area is rural residential. No new subdivisions in the immediate area have been developed to the urban density which is being proposed With the subdivision filed concurrently with this annexation. I. Availabffity of Public Services and Extension f services: Pubhc services,, including City water and sewer can be provided to this site via an easement to the northeast from Greerriar Subdivision.. dater and sewer services as well as fire, police and emergency services can be provided by the City of Kalispell. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change M' zoning is set forth by - 2 -2 5, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. I. Does the re nested zone coMpLy with tie owth olio The property is designated by the Kalispell Groh Policy 2020 as "Suburban Residential" which is defined as antic' ating up to four d velh s per acre. The property owner is proposing the creator . of 21 lots with 17 lotsintended for single family dwelhn s and 4 townhouse lots on a. prorate y 9 acres. This could create a density of 2.3 units per acre. Because of the plans for the provision of public water and surer to the site, this density can be adequately served. The proposed zoning complies with the tie of development antic'1P ated under the growth pohcy. 2. is the requested zone desi ed to lessen congestion in the streets? It can be anticipated that the proposed development of the property that wiJI be associated with the zoning will increase traffic impacts in the area due to the relatively Lowy density of the area currently. Traffic i.ra pacts to the area can. e accommod.a.ted with the e sting roadway systems at hand and the new .inter ail roads that wili be developed as part of this subdivision. The proposed zonm carries with it the checks s and balances, including the reed for subdivision. review, 2 wInch will insure that traffic flows and access are appropriately addressed. The potential densities afforded y this zone will not overtax the e:�dsting road system. 3. Will the requested zone secure safely from fire anin and other ers 2.. R At the time this property s developed, the property owners will be required to ensure that there is adequate infrastructure in the case of an. emergency. 'here are no features related to the property which would compromise ise the safety of the public. New construction will be required to be in comphance with the building safety codes of the City which relate to fire and building safety. All rnum' ci al services including police and fire protection, grater and sewer service is available to the property and will be used at the time another lot is created in the future. . Will t ie re uested zone promote the health and general welfare? The requested zoning classifications will promote the health and general welfare y restricting land uses to those which would be compatible with the ad oar properties and provides a place for new ho .sin in the community. 5. Will the re uested zone provide for adequate, light and air? Setback, height, and coverage standards for development occurning on this site are established in. -Lhe Kalispell Zoning Ordinance to insure adequate light and air is provided. d Will the reguested zone prevent the overcrowdinof land? s previously noted, this area has been anticipated for urban residential development and since public water and sewer are available to the area the urban land use designation is appropri n.ate. The anticipated density falls within the proposed zoning designations. All public services and facilities wiR be available lie to serve this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unh.kely to occur. . Will there uested zone avoid undue concen.tra.tion of people. n increase m the number and concentration of people in the area will rely result after this land has been converted from suburban density home ne sites 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 ser*ces, unties and facilities as Drell as compliance with established design standards. The design standards and availability of facilities would provide the structure needed to msu.re that there wiH not be an overcrowding of the land or undue concentration of people. Mi�.nurn lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is further developed. . Will the -requested zone faciRtate the adequate rovision of trans orta.ti.onwater sewera schools arks and other ubhc re ►. re xents Public service, facilities and irfrastructure would be made available to the developer. The developer would .weed to extend the needed City services that are not currently extended to the property at the developers' expense and in accordance with the Clty's policies and standards. New improvements to the property such as roads, grater, serer, parks and drainage would be .stalled in accordance with City policies and standards at the developers' expense thereby insun'ng that there is adequate provision of services to the site prior to development. Fire, police, ambulance and p .bhc access are adequate to accommodate potential impacts associated with the development of this site. There wiff be impacts to services that can be anticipated as a result of this proposal which can be met by the City. 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. . Does the requested zone 've consideration to the particular sWtabili of the -M- -pro-pertv for arty cular uses? The proposed zo=g furthers the long range development plans as reflected M the recently adopted Kalispell Groff Policy for this area and provides opportunities for housffig in a development ent that is compatible wi-di surTourxbng land uses with the extension and provision of public services within reasonable prO>O' ty to the City core. The proposed zonffig vim.. provide the, basis for the future lard uses on this property, in accordance with the Kalispell Groff Policy. This zomng gives adequate consideration to the suitability of this property for the proposed use and concurrent subdivision proposal. The proposed zoning is consistent with the anti ' ated lard ruses i.r the area and gives due consi er-a. on o the suitability of this property for the permitted uses in the district. 10. Does the re guested zone Mve reasonable cosideratior to the character of the district The general character of the area is transitional between the urban and rural fringes of the City its. The proposed zordng allows this development to address needs within the community for ,blousing and support sen7ices on public services and m reasonable prwdrx ty to the City core. Availability of public water and surer to the area indicate that this type of development wi 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 .rail. It appears that the proposed rezoning gives reasonable consideration to the character of the district. Will the ro osed zone conserve the value of buildir s Where are similar subdivisions planned or under -ray in the immediate area.. The development ent anti ' anted under the proposed zoningis smear in r a.ture to those in the areas to the north, south, east and west because of the availability of pubhc services and utilities. City standards will ensure that here is high quahty 4 development that will ensure the value of begs and homes is protected,, maimed and conserved. Value of the buildings in the area will be conserve because the zoning will promote compatible are.d lie uses on this property as are found on other properties in the area. 12, Will the re ues ed zone encourage the most-M12ropliate use of the land throughout the mum i -WLY. Urban development is encouraged in areas were services and facilities are available such as the subdivision being proposed on this parcel. The proposed zorung is consistent with the groom policy plan and surrounding zoning in the area. RECMWEN ATION: Staff recommends that the Kalispell City Planing Board and Zoning Commission adopt the findings in staff report KA- -- .A. and recommend to the Kalispell City Count that the initial zonm*g for this property upon annexation be -2 as proposed.. P,EPORTS\KA\I<AO5-8A autumn r.D iq { E #.F hM ka+ram t °`• M1'{y f cu 6CA 5 6EF �...: t C� -2CH E { # # 2CC A } Ic i .... _. +4 DAC DJ �_ } { +,{ x. , 6DHA�. } :} t{Yd'+'ki. E ',�........ ` +`y_, :.{:.�.{.{.t.`:`.. .=K 4 r, 6AALDFB >ft D '-2 t : $ 5� • =. f GDHB # ry fLo# ; d # t F 6AAH _ - ------------ 2---� . . ............. COUN Y B A } _€ CQ $} N R I{{ p i g f 16D. s 3B13 .\ s #` #" # 3 s _ t (y) f VICINITY MAP SCALE 1}' 35 ' LEE & LINDA HERSBERGER PRELIMINARY PLAT AUTUMN CREEK SUBDIVISION A 21 LOB (15 SINGLE FAMILY & 6 TOWNHOUSE LOTS FOR A TOTAL OF 27 UNITS) SUBDIVISION ON 8.694 ACRES FILED CONCURRENTLY WITH AN ANNEXATION & INITIAL ZONING AND A CONDITIONAL USE PERMIT FILE,# KPP-05-09 ite pp 0 5 —19.d , C.1*tV of Kali"S)Delll to/ '& Planning Department ;!.\` 5 •r L L'rL�. i SU t Kallsiii .rs�i. PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT, MAIL ADDRESS- CITY/STATE/ZIP: INTEREST W PROPERTY: Other Parties of Intercsto be Ni: PARTIES OF INTEREST-__.....11111116 MAIL ADDRESS- CITY/STATE/ZIP: E- PHON PLEASE COMPLETE THE FOLLOWING: Address�� : " 41 Legal Description� (Lot and Block of Subdivisio Tract W `' S etion� ' ps i ,age) A metes are bounds as , i Land m' j e t ae The present zoning o the aboveproperty ; The proposed zoning of the above property is.-: State the edged or changing conditions that .make the proposed amendment necessary: MA VI�Eo G'hV_ ext-<rwit' 11111:���'�"�! . ....... _Z11 I V, d ­ --.g 4& j, The signing of this application s-ignifies that Lhe foregoing infonnation is true and accurate based upon the best infonnation available and further grants approval for Kaftspell Plamiing staff to be present on tie property for routine inspection during the annexation process. `eat (Date) City of Kalispell Planning Department 17 Second Street Tat, Suite 211 Kalil, Montana 59901 Telephone: o 1-0 'a: 751-1858 Web ite:. ali p ll la i .core August29,2005 Dear .property Owners: You are being sent this notice and other information 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. This is not another pubhc hearing. Comments will be accepted at the beginning of the meeting under Hear the Public. You may contact this office for additional information. The regular meeting of the Kalispell City Planning Board. and Zoning Commission is scheduled for Tuesday, September 13, 2005 beginning in the Kalispell City Council Chambers, Kalispell City Hall, 31.2 First Avenue East, Kalispell. This request was continued by the Kalispell City Planning Boated. from. Moir June 14, Zoo meeting. This is are amended proposal for Autumn Creek Subdivision. The property is located north of Hwy 2 West, on the cast side of Hathaway Lane: • Annexation with an initial zoning designation of R-2, Suburban Residential, on approximately 8.694 acres. A request for preliminary plat approval and a. conditional use permit have been filed concurrently with the annexation request. A request for preliminary plat approval of Autumn Creek Subdivision, a 21 lot residential subdivision on approximately 8.694 acres consisting of 17 smgle family lots and 4 townhouse lots. A request for a conditional use permit to allow the creation o -two unit townhouse lots for a total. of 4 townhouses within the proposed Autumn Creek Subdivision., a r liminaxy plat for a. 21 lot residential subdivision. Documents pertaining to these agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street East, Suite 2 11, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make e their views and concerns known to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the meeting, or you may contact me at 406 1-1 50 ore -mail at wilsoxl�ka.li ell. om for additional information. . Sincerely, lard a A. Wi.lsr, AICP Senior Planner AGENDA KALISPELL CITY PLANNING BOA AND ZONING COMMISSION September 13, 2005 regular meeting of the Kahspell City .a nm' Board and Zonl'ng Commission is scheduled for Tuesday, September 3, 2005 beginning at 7-.00 PM In the Ka s el. City Council Chambers, KahspeH City Hall, 312 First Avenue East, Kalispeli, Montana. The Agenda for the meeting wiU be: A. Call to order and roll cad.. B. Approval of the Mm .tes - August 9,2005 C. Hear the Public - The pubhe may comment on any ratter on the agenda or not o the agenda,, except the public hearing items listed immediately below. D. Public Hearings: The Kalispell City Planning Board and Zoning Cormsm'ssion will hold a public hearing on the following agenda items. Following the hean'ng and board discussion, the board may make its recommendation to the Kalispell City Council for final action . A request by Flathead Health Center, Inc. for a conditional use permit to allow the relocation of a temporary modular office building southwest of the existing Alert Building at 310 S rmyview Lane, on the southeast corner of Claremont and Conway Drive. The property is zoned H- 1, Health Care 2. A request by Big sky Properties on be a , of American Capitol aka ACG Kalispell Investors, LLC,, for an amendment to the KahspeH Zoning Ordinance to allow light assembly in the B-3, Community Business, zoning district. This amendment could potentially affect all properties in the Kalispell zonm' g jurisdiction, i.e. the Kalispell city limits, that are zoned B-3. E. Old Business , Continued from the June 14, 2005 eetin - Auto.= Creek Subdivision. The property is located north of Hwy 2 West, on the east side of HathawayLane: * Annexation with an initial onindesignation of R- 2, Suburban Residential, on approxnnately 8.694 acres. A request for preliminary plat approval and a conditional use permit have been filed concurrently with the annexation request. . request for preliminary plat a. ro�;,a. of Autumn Creek S bdil7 sion, a 21 lot residential subdivision on approximately . acres consisting of 17 single family lots and 4 townhouse lots. Kalispell. City Planning BoaxdAgenda Page 2 + A request for a conditional use pest to mow the creation of 2-two2-two unit townhouse lots for a total of 4 townhouses within the proposed A t rrm Creek Subdivision', r iming plat for a 21 lot residentiai subdivision. F. New Business .. Creation of the BNSF 'Tax Increment Finance Di-strj_ct generally located on the north and south sides, but not including, the Kalispell Center Mall and merest of Main Street* G. Adj ournment. Next regular meeting-, October 11, 2 - Tuesday, 7:00 PM Growth Policy Work session* To Be Arranged CERTIFICATION A,CAN: Lee & Linda Hershberger TCPO FILE NO: KPP-05-9/KA-05-8/KCU-05-6 , the undersigned certify that I did this date mail via First Class mail a copy of the attached notice thefollowing list ners jo.i.i � „ , , ., ., . ,.Y. the propertylines of the property that is requesting annexation, a preliminary plat and a conditional use permit. !k Y } s �. Lc Date` S -' -R: 2-2 -22 Lot/Tracts# Tracts 6AB, 6 I, 6AAK Property Owner/ Mail Address. Lee &Linda Hershberger T 31 Three Mile Drive, Ste. 101 Kalispell, MT 59901 ,AND ATTACHED.. Ll.$.T LEE & LINDA HERSHBE .GER ,I HNS N, LARY & SUSAN 1471 US HIGHWAY 2 W KALISPELL, MT 59901 GROSS, STAN EY & DORA CORVALLIS, OR 973.30 MARTIN LIVING TRUST, DAL R 29 US HIGHWAY 2 W KALISPELL.,M 991. WILLS, WILLIAM E 179 US .HIGHWAY E W KALISPELL,, MT 59901 MC ALLISTER,, KATHEPdNE E 30 HATHAWAY LN KALISPELL., MT 59901 CITY OFKAISEL PO BOX 1997 KALISPELL, MT 99 3 TD&H 3 1 -.3 MILE I dVE S E 10 1 KALISPELL,,M59901 ARE', LYLE 3 3 HA HAWAY LANE KA ISPELL, MT D9901 PARSONS, LAWRENCE VALERIE 92 H A HAW AY DR KALISPELL,, MT 59901 I8 US HIGHWAY 2 W KALISPELL,,SIT 59901 CAMPBE-RIERSON, KIRBY RI BS N, ION L KA-ISPEL , MT 59901 POPE III, DANIEL POPE, ROCHELLE 13 0 GREEN BRIAR.. DR PROFITT, RON& BRENDA KALISPELL, MT59901 MEUI, EDWIN RAH EBRA SUE 3 � HATHAWAY LANE KALISPELL,, MT 59901 NAN, MARK & KAHERINE HA HAWAY LANE KAI SPELL, MT 59901 COLLINS, CAROL A 19 HATHWAY LN KALISPELL, MT 59901 TUNGSTEN H LI CGS INC PO X23 LIBBY,, MT 59923 FEWLASS, S EVEN KALISPELL,M 991 STATE OF MONTANA DOT PO BOX 201001 TCPO Major Subdivision 2005 CERTIFICATION AP ICE : NEW WEST PROPERTIES,, ITC TCPO FILE N: KP-5-9 -o 5- - - the undersigned ��dat mail via certiril r registered mail a copy of the attached notice to the following Est of landowners a .' ininthe propel es of the proper . at is tp he subdivided, Date: Assessor's # s-T-R Lot/T ract# Property Owner/Mail Address 2-2N-22W NEW WEST PROPERTIES LLC 35 - TH' AVENUE EAST THOMAS, DEAN & H SKINS 3 - 3 MILE DRIVE, STE AND ATTACHED LIST NEW WEST REREES C -T AVE EAST KA, ISPEL , MT 59901 JOHNSON, LARRY & SUSAN 1471 US 1UGHWAY 2 W KALISPELL, M' 59901 GROSS, STANL Y & I R-A 2753 NW TAYLOR AVE CORVAL IS, OR 97130 MARTIN LIVING TRUST, 129USFHCffHWAY2W KRIS,, MT 59901 BLS,, WILLIAM E 1479 US FUGHWAY E W MC ALLISTER, KATIHERE\TE E STOTTS., MICHAA HAT WAY LN KALISPELL, MT 59901 CITY OF KALISPELL PO BOX 199" KA IS E , N'` 59903 TD&H KALISPELL,, MT 59901 ARTLI LYLE 3 HAHAWAY LANE KAKIS , M' 59901 PARSONS, LA RENC VALES KALISPELL,,M59901 KA ISPE L, MT 59901 CAMPEL-ARSON, KIRY FRS N, RON '3`05 N FULL RD POPE ffl, DANIEL POPE,, RCHELE 1 GREEN BRLkR DR KA ISPELL,, M' 59901 MEULL EDP KPH DEBRA SUE HATHAWAY L KA I SPELL, MT 59901 NOLAN, MARK & KATEERINE HATHAWAY LANE KAKI SPELL, MT 59901 COLLINS, CAROL A 19 HA'HWAY LN TUNGSTEN HOLDINGS INC PO BOX 1213 I BY,, MT 59923 FEES S', STEVEN KA. E.L 9901 STATE OF MONTANA DOT PO BOX 201001 PLENA, MT 59620 Tri-,City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59941 Fax:751-1858 tricit3n Lace ntu!1:tel. net www.trl*cityplanning.mt.com You are being seat 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 informatio _ N `IC PUBLIC H G KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION June 14, 2005 The regular meeting of the Ka s ell city Planning Board and Z �. Commission i scheduled for Tuesday, y, June 14, 2005 beginning at 7:00 PM in the KalispeH City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The plarming board will hold a public hearing and take pubhc cornments on the foHovn'ng a c d a .tens. The Board will make a recommendation to the Xa .s cl City council who will take tea, action. 1. A request by Potthoff, meson and Executive Plaza Partnership for a change in zoning from R- , Two Family Residential, to RA-3, Residential ApartmentOffice, on approximately . 5 of an acre located on the south side of Fifth Street East between Main Street and Second. Avenue' East. The property can be described as Lots � , , 1 Block and Lots , 2, 3, Bock 5 Kalispell Ors g a�. Township r Section ,'township 28, Range 21 West, .M.M., fathead county, Montana 2. A. request by Hutton Ranch Plaza Associates for an initial zoning designation o -- 2, General Business, with a. Planned Unit Development UD overlay upon annexation to the city of Kalispell on approximately .05 acres. The property is located on the cast side of US Hwy 93 south of the Mo ntam Vier Plaza development and north of the Flathead Valley Community college. In conjunction with the annexation and proposed PUD zoning designation, a. subdivision has been fled to be known as Hutton Ranch laza. The property can be described a Assessors 'bract 3 and a portion of Assessor's Tract 4G located in Section 3 1, Township 29 .forth Range 21 West, .M.M., Flathead County, Montana. 3. A request by Hutton Ranch Plaza Associates, LLC for preliminary plait approval. o Hutton Ranch Plaza, a 26 lot commercial subdivision on a. route y 46 acres. As proposed there would be 26 commercial lots that would share common parking and access within a common area. aA. request for annexation and an initial zon- designation o --2, P D has been filled concurrently with the subdivision request. The property can be described as Assessors Tract Assessors Tract 3 and a. pordon of Assessor's Tract 4G located in Section 31., Township nshi 29 North Range c 21 West, P.M.M., Flathead County,, Montana. Providing community Planning Assistance To: • city of Columbia Falls * City of Kalispell e Clity of Whitefish A request by the City of Kalispell for preliminary plat approval of KaLispeil Fire Station No, 62, a. one lot subdivision contaii=g apprommately 2,154 acres. This one lot siibdivision is intended for development of the now Xal s ell fire station. The propel can be described as a. portion of Assessor's {tract 5 located in Section 36, owns i 29 North, Range 22 West, P. M. M . , Flathead County, Mortara* _ A request by New West, LLC for an =tial zoning designation of R- , Urban a Sb. le Family Residential, on a roxtmately 3.694 acres. The property is located north o v,ry 2 West, on the east side of Hathaway Lane. A request for preliminary plat approvai of Autumn Creek Subdivision, a 27 lot residential subdivision and a conditional use permit to allow 12 townhouses have been wed concurrendy with the arnexat on request. The property can be described as Assessors Tracts 6AAK, l and 6AB located in Section 12, Township 28 Norte, Range 22 Vest, .M.M., Flathead County, Montana. . A request by New West, LLC for preliminary plat approval al of Aut = Creek Subdivision, a 27 lot residential subdivision on a ro:x=ately 8.694 acres. As proposed there would be 15 single family lots and 12 townhouse lots. A request for annexation and imtial zonmg along with a conditional use pest for the townhouses have been filed concurrently with the preliminary plat application. The propel can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 Vest, P.M.M., Flathead County, 7. A request by New West, ITC for a conditional use pest to allow the creation of six two unit townhouses or 12 townhouse lots within the proposed Auto= Creek Subdivision, a pre ary plat for a 27 lot residential subdivision. A request for annexation and initial zoning along with the pre ary plat for the subdivision, have been wed concurrently with the conditional use pest application. The property can be described as Assessors 'bracts 6AAK, 61DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M. ., Flathead County, Montana. Documents pertaining to these agenda items are on fie for public inspection at the ' ri-City Planning office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend- the hearing and make their views and concerns known to the Board. Written ccn=e its may be submitted to the TH-City Planning Office at the above address, rlcr to the date of the hearing, or you may contact Narda Wilson, Senior Planner at o 7 SD 1- 18 50 or e-mad at . . tyrard a ent ryt eI met for additional l orr a.tio . Su*acerely, Narda A. Wilson Senior Planner No. 9447 NOTICE OF PUBLIC HEARING. KALISP LL CITY PLANNING BOARD AND ZONING COM- MISSION ,dune 14, 2005 The regular meeting of the Kalispell City Plan- ning Board and Zoning Co mission is sched- uled for Tuesday, June 14, 005 beginning at 00 PM in the Kalispell _ity Council Chambers, Kalispell City Hall, 312 .-first Avenue Bast, Ka- ispell. The planning card wil) hold a public nearing and take public :om ents on the foilow- ng agenda items. The card will make a rec- )mmendation to the Ka- ispell City Council who gill take finaf action. I. A request by Potth- )ffi. Allison and xecu- ive Plaza Partnership )r a charge in zoning 'orn R-4, Two Family residential, to RA-3, le ide tial Apartment ftce, on approximately .65 of an acre located the south side of `fifth Street East be- een Main Street and 'oecond Avenue East. 'he property can be de- cribed as Lots 11 16, 7, 18 Block 84 and .ots 1, 2, 3, Bock 35 ,alispell Original Town - hip in Section 18, 'own hip 28, Bane 21 estT P.l.M., Flathead ,ounty, Montana 2, A request by, Hutton anch Plaza Associates or are initial zoning des- n Lion of B-2, General business, with a Plan- ied Unit Development PUD overlay upon an- iexation to the City of alispell on approxi- nately 46.05 acres. The )roprty is located on he east side of US Hwy 3 south of the un- ain View Plaza devel- )prnent and north of the :fathead Valley Com- nunity College. In con - unction with the annex- ition and proposed BUD zoning de igna- -ion, a subdivision has )een filed to be known as Hutton Ranch Plaza, the property can be do-. scribed as Assessors tract 3 and a portion of ssessor's Tract 4G lo- :ated in Section 31, Township 29 North Range 21 West, P.M.[ ., Flathead Coun- ty, Montana. 3. A request by Hutton Ranch PlazaAssoci- ates, LLC for prelimina- ry plat approval of Hut- ton Ranch Plaza, a 26 lot commerciaisubdivi- sion on approximately 46 acres. As proposed there would be 26 corn- rnrcial lots that would share common parking and access within a common area. A re- quest for annexation and an initial zoning designation of B-2,1PUD has been filed concur- rently with the subdivi- sion request. The prop- erty can be described as Assessors Tract As- sessors Tract 3 and a portion of Assessor's - Tract 4G located in Sec- tion 31, Township 2 North Bangs 21 West, P.M,l 1.., Flathead Coun- ty, Montana. 4. A request by the City of Kalispell for pre-, . liminary plat approval of Kalispell Fire Station o. 2,:: a one lot: subdh vision- containing: �51 proximately 2. acres. This one lot subw division is intended for development of the north Kalispell fire sta- tion. The property can ,. be described as a por- tion of Assessor's Tract located in Section 3, Township 29 North, Range 22 Nest, P.1 .M., Flathead Coun- ty, Montana. 5. A request by New, West, LLC for an initial. zoning designation of 1-- 3, Urban Single Family Residential, on appro i­ mately 8.694 acres. The, property is located north -- of Hwy 2 West, on the. east side of Hathaway Lane. A request for Pfe#. liminary plat approval of Autumn Creek. Subdivi- sion, a 27 lot residential subdivision and a condi- tionai use permit to at' . low 12 townhouses have been tiled concur- rently with the - annexa-tion request. The prop- erty can be described.. as Assessors Tracts, AA , 6DI and GAB to-.. sated in Section 12;. Township 28 North, Range 22 West, P.l .l~ ., Flathead Coun- ty, , ,Montana. . A request by New. West. LLC for prelimina- ry plat approval of Au- tumn Creels Subdivision, a 27 lot residential sub- division on approximate- ly 8.54 acres. As pro- posed there would b. 15 single family lots and 12 townhouse Jots. A re- quest for annexation STA.OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CflRIS SC 3ULDREISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SBE IS T LEGAL CLERK OF TBE DAY ENTER LAKE A DAMP NEWSPAPER OF GENERAL CIRCULAUOT PRINTED AND PUBLISBED IN TBE C= OF KALS ELL, IN TB C -UWTY OF FLATHEAD, STATE OF M NTANA, AND THAT NO 9447 LEGAL ADVERTISMENT WAS PRINTED AND PTJBLIS= IN TEE REGULAR AND ENTIRE ISSUE OF SAID PAPER.., AND EACH AND EVERY COPY TBEREOF ON THE DATES OF MAY 29, 20055 AND THE RATE CHARGED FOR THE ABOVE G DOES NOT EXCEED THE MP-4B� GOING RATE CHARGED TO ANY OTBER ADVERTISER FOR TBE SAME PUBLICATION, SET IN TEE SAME STYPE AND PUBLISH FOR THE SAS NUMBER OF INSERTIONS. G I ,.. S and sworn to s k AD MAY 31, 2005 Notary Public for the S tate of Montana Residing in Kalispell My Commission expires9/11/05 and initial zoning along with a conditional use permit for the townhous- es have been filed con- currently with the pre- liminary plat application. The property can be de- scribed as Assessors Tracts BAAK, 601 and 5AB located in Section 12, Township 28 North, Flange 22 West, P,M. 1., Flathead Coun- ty, Montana. . A request by New West, LLC for a condi- tional use permit to ak low the creation of sic two unit townhouses or 12 townhouse lots with- in the proposed Autumn Creek Subdivision, a preliminary plat for a 27 lot residential subdivi- sion. A request for an- nexation and initialzon- ing along with the pre- iirninary plat for the sub- division have been filed concurrently with the conditional use permit application. The proper- ty can be described a Assessors Tracts 6AAK, land BAB located in. Section 12, Township 28 North, Barge 22: West, P.l.l., Flathead: - County, Montana. .x Documents pertaining-,'.1. to this agenda item are Lk. on file for public ir)spec­ tion at the Tri-City Plan. ning Office, 17 Second- . Street Bast, Suite 211, Kalispell, MT 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-- rns known to the:. Board. Written com- ments may be submit-, ted to the Th-City Plan-- ninq Office at the above_ address, prior to the date of the hearing, ov you may contact Iarda- iilson, Senior Planner - at (0 7 -185 or a-....: mail her at' tricitynarda @ centurytel. net for additional infor- mation. ls/ Thomas R. Jentz Thomas R. dent Planning Director May 29, 2005.