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1. Resolution 4859 - Annexation - Ken KramerTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 trieiiy ,centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Ken Kramer Annexation and Initial Zoning RA-1, Low Density Residential Apartment - 1700 Block Fifth Ave East MEETING DATE: January 5, 2004 BACKGROUND: This is a request for annexation and initial zoning of RA-1, Low Density Residential Apartment, on approximately 1.17 acres located on the east side of Fifth Avenue East in the 1700 block. Concurrent with the request for annexation and initial zoning, is a request for a conditional use permit to allow the construction of a 14 unit apartment complex. This property has a flag lot configuration and is being made larger through a boundary line adjustment with the parcel to the south. The property is accessed via an approximately 40 foot wide access road for approximately 175 feet. The property is currently undeveloped except for several small outbuildings which will need to be removed prior to beginning construction. The applicant is requesting the assignment of RA-1, Low Density Residential Apartment which lists multi -family dwellings as a conditionally permitted use. The density for this district is one dwelling per 3,000 square feet. This zoning is consistent with the RA-1 zoning along Fifth Avenue East. The property is currently in the County zoning jurisdiction and is zoned R-Two Family Residential, which also has a density of one dwelling per 3,000 square feet. The property is being annexed to obtain the necessary services to construct a 14 unit apartment building. On December 9, 2003 the Kalispell City Planning Board held a public hearing to consider the appropriate zoning for the property upon annexation to the city. Staff recommended approval of the proposed RA-1 zoning. Two neighbors spoke at the public hearing with concerns. A motion was made and passed unanimously by the planning board to recommend RA-1, Low Density Residential., zoning upon annexation into the city. The conditional use permit filed concurrently with this annexation and zoning request will be acted on as a separate item. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Ken Kramer Annexation and Initial Zoning December 22, 2003 Page 2 RECOMMENDATION: A motion to adopt the first reading of the ordinance for RA-1 zoning upon annexation would be in order. FISCAL EFFECTS: Some potential positive effects once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully Submitted, 7�f� I. VXL"-= Narda A. Wilsdn Chris A. Kukulski Senior Planner City Manager Report compiled: December 22, 2003 c: Theresa White, Kalispell City Clerk Attachments: Cost of Services Analysis Transmittal letter Staff report KA-03-21 and application materials Draft minutes from 12/9/03 planning board meeting H: \FRDO \TRANSMIT\KALISPEL,2003 \KA03-2 i MEMO.DOC RESOLUTION NO. 4859 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS KRAMER ADDITION NO.340; 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 Ken Kramer, the owner of property located on the east side of Fifth Avenue East near the 1700 block, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Johnson's Annexation Request, ftKA-03-21, dated December 1, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City RA-1, Low Density Residential Apartment, on approximately 1.1.7 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 I. That all the real property as described on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Kramer Addition No. 340. 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 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 III. 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 JANUARY, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Cleric Tri-City Planning Office 17 ,Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 trieity(a�centur_ytel. net www.tricitypianning-mt.com December 22, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Ken Kramer - Initial Zoning Upon Annexation- RA-1, Low Density Residential Apartment, in the 1700 Block of Fifth Ave East Dear Chris: The Kalispell City Planning Board met on December 9, 2003, and held a public hearing to consider a request by Ken Kramer for an initial zoning designation of RA-1, Low Density Residential Apartment on approximately 1.17 acres. The property proposed for annexation lies on the east side of Fifth Avenue East near the 1700 block. The property is accessed via a 40-foot wide access drive approximately 170 feet long. The property is undeveloped. A request for a conditional use permit to allow a 14 unit apartment building has been filed concurrently with the request for annexation and initial zoning. Multi -fancily dwellings are listed as a conditionally permitted use in the RA-1 zoning district and have a density of one dwelling per 3,000 square feet. The property is currently zoned County R-4, Two Family Residential which lists duplexes and single family residences as permitted uses. Narda Wilson of the Tri-City Planning Office presented staff report KA-03-21, evaluating the proposed zoning. Staff recommended initial zoning of City RA-1, Low Density Residential Apartment based on the adjoining City zoning to the west and the Kalispell Growth Policy. At the public hearing the applicant's representative spoke in favor and two property owners in the area expressed concerns about growth and change in their neighborhood. After the public hearing the Board discussed the request and the density allowed under the proposed zoning. A motion to recommend RA-1 zoning upon annexation passed on a unanimous vote. Please schedule this matter for the January 5, 2004 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. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Kramer Annexation and Initial Zoning December 22, 2003 Page 2 Sincerely, Kalispell City Planning Board rge aylor resident GT/ NW Attachments: Petition to annex (original) Exhibit A - legal description Staff report KA-03-21 and application materials Draft minutes 12/9/03 planning board meeting c w/ Att-. Theresa White, Kalispell City Clerk c w/o Att: Foppiano Construction, Inc. 1845 Helena Flats Road, Kalispell, MT 59901 TRANSMIT/ KALI SPELL/ 2003/ KA03-19 Ken Kramer Annexation 1700 dock of Fifth Avenue ]East Cost of Services .Analysis Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Note, Denver is already maintained by the city and services are already in place as this is infill annexation. Number of Dwelling, Units within the Development 14 Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 14 x 2.2 = 31 Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department 31 x 68.84 = $2,134 • Police: $110 per resident per year. Additional costs to the police department 31 x 110.00 = $3,410 • Administration: $39.48. Additional cost to administration 31 x 39.48 = $1,224 • Solid Waste: Additional cost to solid waste (none for five years) _ $ 0 Lineal Feet Costs: (Lineal feet - No new roads, sewer or water mains) + Loads: $1.14 per lineal foot Additional cost in road maintenance 0 x 1.14 = $0 Water: $3.44 per lineal foot Additional cost in water line maintenance 200 x 3.44 = $688 • Sewer: $5.50 per lineal foot Additional cost in sewer maintenance 200 x 5.50 = $1,100 Storm sewer maintenance costs: Size of Parcel - 50,965 square feet • No. of units x square foot x 0.00323 50,965 x 1 x 0.00323 = $ 165 Total Anticipated Cost of Services: S 721 1 Anticipated Revenue Generated Assessments based on square footage: Avery e square foot er lot: 50,965 • Storm sewer assessment $0.00323 per square foot Revenue from storm sewer assessments 1 x 50,965 x $0.00323 = $165 • Street maintenance assessment $0.0086 per square foot Revenue from street maintenance assessments 1 x 50,965 x 0.0086 = $438 • Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 1 x 50,065 x 0.00135= $69 Special Assessments: There are no special assessments. General revenue: • Assessed value per property: $980,000 Total assessed value: 1 x 980,000 = $980,000 Total taxable: 980,000 x 0.03543 = $ 34,721 • Total additional general revenue based on 144.65 mill levy: Total Additional Annual Revenue: 34,721 x .14465 = $5,022 $ 5,694 NOTE: This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS / 2003/ KA03-21COSTOFSVCS KRAMER CONDITIONAL A request by Ken Kramer for a conditional use permit to USE PERMIT REQUEST allow a 14 unit apartment complex in the 1700 block of Fifth Avenue East in an RA-1, Low Density Residential Apartment, zoning district. STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-21 AND KCU-03-7 presentation of staff reports KA-03-21, a request by Ken Kramer for an initial zoning designation upon annexation to the City of Kalispell of RA-1, Low Density Residential Apartment on approximately 1.170 acres located in the 1700 block of Fifth Avenue East and KCU-03-7, a conditional use permit to allow a 14 unit apartment complex on the property. Wilson showed a vicinity snap and said the property was recently purchased and is actually two properties and the owners will do a boundary line adjustment to create the 1.17 acre parcel leaving an existing house on the remaining portion of the smaller parcel. Wilson explained there uses in the area noting the Birchwood Apartments lie directly to the west and there was recent approval for two triplex units to the north of them. There is infill potential in this area because many of the homes are on much larger lots. She said this property is currently zoned R-4 in the County and has never been developed. The Kalispell Growth Policy designates this area as Urban Residential that anticipates this type of development. She stated the request for the RA-1 zoning complies with anticipated development in the area and will be constructed to City standards with City water and sewer extended to the property from Fifth Avenue East to the west. The RA-1 zoning has a minimum lots size requirement of 6,000 square feet for the first duplex plus an additional 3,000 square feet for each unit beyond a duplex with an overall density of one dwelling unit per 3,000 square feet. Wilson said that the RA-1 zone lists multi -family dwellings as a conditionally permitted use. She noted the first site plan was in error with the density was too high at 16 units. She said the applicants modified that to construct a 14 unit apartment complex without changing the footprint of the building. The building would be two stories high, 145 feet in length and less than 35 feet in height with a north/south orientation. The other old buildings on the property would need to be removed. Wilson stated that the internal access road will be Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Wage 8 approximately 40 feet wide and 175 feet long. Excluding the access road, this property would allow a maximum density of 14 units. There is adequate usable space on the site for i parking and setbacks. The applicants have relocated the parking outside of the setback area and have created a one way access into the southwestern parking area. Wilson said that access is by a proposed private road easement which i makes it a flag lot, but there are no other means of infill possible here. Wilson explained that staff is recommending minor modifications in traffic circulation into the site, which is shown as Exhibit B so the parking area be changed to have traffic enter the parking lot from the south so they don't have to cross traffic and to make public transit and trash pickup easier, The site development review conunittee is also recommending relocating the handicapped parking spots to the south slightly so that traffic circulation will be better. She said the applicants are proposing landscaping and a play area which they will coordinate nth Parks and Recreation for landscaping and amenities. The perimeter of the site would be fenced. Wilson stated that water and sewer would be extended from Fifth Avenue East to serve the property. A recommended condition of approval is to provide a 20 foot utility easement along the west and north boundaries for future potential extension of water and sewer. There will be a trench for storm water treatment in the middle of the easement which can be worked around. She said the impacts on streets will be lower than a single family development, with 90 100 one way trips expected once fully developed. Wilson stated that staff is recommending adoption of the CUP with Exhibit B. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Jim Burton, Jackola Engineering, stated the first 150 feet of the property is already in the city. Burton explained that E there will be two and three bedroom apartments. There will i I ; be fencing around the perimeter of the site, landscaping and jtrees, sidewalks, and lighting along the driveway. There will be a landscape buffer along the northern. He also said the 1 area would withdraw from the rural fire district so that the Kalispell Fire Department would have jurisdiction. 1 PUBLIC COMMENT j Glen Allen, a neighbor of the property, stated that he has Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 9 concerns about the width of the driveway and asked if it was i. the only way in and out of the property. He has a lot that he can't build on until there is another road out and asked how j f the fire department will be able to tell who they will serve € because it will be a mix of the South Kalispell fire district j and the City fire department. Willard Stalkwell stated he has adjoining property, and that this had been a quiet, peaceful neighborhood until the apartments on Fifth Avenue were built, and they have been harassed ever since. He is afraid this apartment complex will be the same. No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Norton seconded to adopt staff report KA-03-21 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning for this property should be RA-1, Low Density Residential Apartment, upon annexation to the city of Kalispell.. BOARD DISCUSSION There was discussion about landscaping and fencing. It was suggested to require perimeter fencing and landscaping_ There was discussion about progress and more people moving in. Wilson addressed some of the questions from the public stating the fire turnaround utilizes the parking lot and has been reviewed by the fire department. The roadway width is 1 a 43 feet wide with a 24 foot wide driving surface along with curb, gutter and a sidewalk on the north side of the road. She said the roadway will accommodate a vehicle going each way. She also stated that this is the City fire department's response area once annexed and there will be an address required to be posted along Fifth Avenue East. ROLL CALL (INITIAL The motion passed unariiznously upon roll call vote. ZONING UPON ANNEXATION MOTION Hull moved and Atkinson seconded to adopt staff report KCU-03-7 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be approved to allow a 14 unit apartment i complex on this property subject to the listed conditions. Kalispell City Nwming Board Minutes of the meeting of December 9, 2003 Page 10 BOARD DISCUSSION Norton asked which site plan they are approving. Wilson said the board is approving the site plan that is shown on Exhibit B. Norton asked Burton what his feelings are about the revisions. Burton said they can work with it, but it may be more difficult for trash collection. The board discussed potential amendments to the conditions would specify a six foot tall perimeter fence, (that landscaping, shielded lighting and the garbage site be approved by the hauler. AMENDMENT Hull moved and Atkinson seconded to amend the conditions to require a six foot tall perimeter fence, landscaping along the north boundary of the entrance road, shielded lighting and a trash site location which is approved by the hauler. ROLL CALL (AMENDMENT) The amendment passed unanimously upon roll call vote. ROLL CALL (MAIN MOTION) The main motion passed unanimously upon roll call vote. OLD BUSINESS Wilson explained that Gelinas asked that their application be withdrawn for the time being and believes it will probably come back before the board within the next six months. NEW BUSINESS There was no new business. ,ADJOURNMENT The meeting was adjourned at approximately 9:46 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, January 13, 2004 at 7:00 pm. George Taylor President Judi Funk Recording Secretary APPROVED as submitted/corrected: / /03 Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 11 KEN KRAMER REQUEST FOR INITIAL ZONING OF RA -I UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-03-21. DECEMBER 1, 2003 A report to the Kalispell City Planning Board and Zoning Commission and the Kalispell City Council regarding the initial zoning of RA-1 upon annexation to the city. A public hearing has been scheduled before the planning board for December 9, 2003 beginning 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 INFORMATION This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The applicant has petitioned for annexation and an initial zoning classification of RA-1, Low Density Residential Apartment. The property is in the County zoning jurisdiction and is zoned County R-4, Two Family Residential district. 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 and Owners: Technical Assistance: Ken Kramer 2900 Wdcrest, Suit; 245 Houston., TX 77042 (713) 781-3552 x 258 Jackola Engineering P.O. Box 1134 Kalispell, MT 59903 (406) 755-3208 B. Location and Legal Description of Property: The property proposed for annexation lies on the east side of Fifth Avenue East near the 1700 block. The property is accessed via a 40-foot wide access drive approximately 170 feet long. The property can be described as Assessor's Tracts 5ZA and a portion of Assessor's Tract 5--15 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: The property is currently in the County zoning jurisdiction and is zoned R-4, Two Family Residential. This district allows single-faraily homes and duplexes as permitted uses and has a minimum lot size requirement of 6,000 square feet for a single-family residence and 7,500 square feet for a duplex. Areas with an R-4 zoning designation. -would typically be located in an urban setting with full public services and utilities. D. Proposed Zoning: City RA-1, a Low Density Residential Aparmient District has been proposed for the property. This district allows duplexes and single-faiffly homes as permitted uses and m-ulti-family dwellings as permitted uses. The nur�imum lot size requirements for the district is 6,000 feet for the first duplex plus and additional 3,000 square feet for each unit beyond a duplex. 4K -03-21 Page 1 of 4 E. Size: The area proposed for annexation and zoning contains approximately one acre. F. Existing Land: This property has several small outbuildings that will be required to be removed as a result of this development. G. Surrounding Zoning and Land Uses Zoning: This area is generally residential in character along Fifth Avenue East and to the east. The surrounding zoning is a mix of City and County zoning. This block provides a transition area between the more. intensive -uses located along Third Avenue East to the west that are commercially developed. North. Single-family residences, County R-4 zoning East: Single-family residences, County R-4 zoning South: Single-family residences, County R-4 zoning West: Birchwood Apartments and single-family residences, City RA-1 zoning H. General Land Use Character: The area can be described as an area of mixed uses that is a transitional area between the commercial area along Third Avenue East to the west and the more urban residential area to the east. The in-un,ediate area is characterized by single-family homes on urban sized lots in the area to the west along with some duplexes. To the north and south there are some mobile homes and single-family residences. There is an apartment use that is directly across the street from this property to the west. 1. Availability of Public Services and Extension of Services: Public services, including City water and sewer, can be provided to this site and will be dome in accordance with the City of Kalispell's Extension of Services Plari and in accordance with Kalispell's Design and Construction Standards. Water and sewer will be extended from mains along Fifth Avenue East to the west. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Fiiadings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone cornnly -with the Master Plan? The property is designated by the Kalispell City Growth Policy 2020 as Urban Residential which is defined as anticipating a density of three to 20 units per acre. The proposed zoning is in compliance with the master plan which ariticipates a high density residential development in this area. 2. is the requested zone designed to lessen congestion in the streets-, The location of this property is in an area that can be served by City services and iiifrasrructure. Traffic in the area ,T,-Ld increase rather insig-ndEcantly, once this Ka,_p3 Page ?cif 4 property has been fully developed because the size of the parcel cannot accommodate significant density. The requested zoning designation and subsequent development of the site will not lessen congestion in the streets in the area, but is anticipated to occur as development of the site is undertaken. 3_ Will the requested zone secure safety from firepanic. and other danggrs? 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 safety codes of the City which relate to fire and building safety. All municipal services including police and dire 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. 4. 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. 3. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? As previously noted this area .has been anticipated for high density residential development. Public water and sewer are an close proximity to the site and the requested urban land use designation is appropriate. The anticipated density, generally falls within the proposed zoning designation.. All public services and facilities will be available to serve this subdivision. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely to occur. 7. Will. the requested zone avoid undue concentration of people? iV inim= 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. 8. Will the requested zone facilitate the adequate rovision of transportation- water, sewera e. schools. parks, and other public rccggirements? Ali public serviccs and facilities are curren-ly available or can be provided to the property. Development should be encouraged in areas vhere these services are available. ?age 3 of d 9. Does the requested zone givve consideration to the particular suitability of the property for particular uses? The proposed RA-1 zoning district is consistent with the zoning to the west all along Fifth Avenue east and the mix of land uses in the area. The requested zoning gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the requested zone 've reasonable consideration to the character of the district" The general character of the area is a mix of land uses that includes single-family homes, mobile homes and apartment development to the west. It is anticipated that some apartment type of development would occur on this property and will be consistent with the goals of the district. 11. Will the ro osed zone conserve the value of buildin s? Value of the buildings in the area will be conserved because the RA-1 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 a ra riate use of the land throughout the municipality? 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 master plan and surrounding zoning in the area. SUMMARY AND DISCUSSION The proposed City RA-1 zoning is consistent with the zoning and development of property adjoining it to the south and is compatible with the mixed -use character of the area and in compliance with the Urban Residential of the growth policy. Public services and the facilities are available to the site and will be extended and constructed in accordance with the City of Kalispell Extension of Sendees Plan and the Kalispell Design. and Construction Standards. RECOMMENDATION ION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report �XA-03-21 as Emdings of fact and recommend to the KalisTDell City Council that the initial zoning for this property upon annexation be 24-1, low Density Residential Apartment. �tv EPOR=S\Kt' v%03tI,,ACi3-21 T_'atze 4 of ,SPELL FIRE DEPARTMENT Rand-v 3roaehl - Fira Chief Jim Sc warL - Assistant ChiefTrevention Det McCluske• — Assistant C ief"Ope*ations TO: NARBA A. V\/ILSON, SENIOR PLANNER FROM: JIM STEWART, FIRE MARSHAL DATE: NOVEMBER 25, 2003 121~irsEAvenue Fast Kahsrell, Montana 59901 (406) :'; &-??60 FAX.- (406 j , 8-79 _ SUBJECT: INITIAL ZONINGIANNEXATICN/CUP — KEN KR.AMER We have reviewed the information submitted on the above -referenced project and have the following comments. 1. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. 2. Fire hydrants shall be provided per City specifications at locations approved by this department, prier to combustible construction. 3. Fire department access shall be provided in accordance with Uniform Fire Cade requirements. Approved emergency vehicie turnarounds shall be provided at dead-end access roads that exceed 150' in length. 4. Approved addressing signage shall be provided at an approved location on 5`' Avenue East, in addition to typical apartment signage. Ple2Se contact me if you have any questions. --aSis7:?�? 'i21Y �O}off; ilt81!i` fit 1"��ItR�f2 �, ;'r`e3•�yLSi,2 E?, �iiK: i7T ifl2=(IIIIr` .,t$e)"iC'i1C'2 ;_ Tri-City Planning Office j 1.7 Second St East, Suite 211 ' s"=alispell, MT 59901 Phone: (406)751-1S50 Fax: (406)751-I858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: KEN K R AMER MAIL ADDRESS: 2900 WILCREST SUITE 245 CITY/STATE/ZIP: HOUSTON TEXAS 77042 PHONE: _713-78 .-3552 Ext. 258 Other Parties of Interest to be Notified: PARTIES OF INTEREST: JACKOLA ENGINEERING MAIL ADDRESS: P.O. SOX 1134 CITY/STATE/ZIP: Kalil ell, Montana 59903 PHONE: 755-3208 INTEREST IN PROPERTY: Enszineer/ Survevor PLEASE COMPLETE THE FOLLOWING - Address of the property: 1701 Fifth Ave. East Kaiis ell, Mt. 59901 Legal Description: Accessor's Tract 5ZA (Lot and Block of Subdivision; Tract #) in Section 17 12 8 N R21 W PM M, (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: City IRA- I and County Willow Glen R-4 The proposed zoning of the above property is: City RA -- Mate the changed or changing conditions that make the proposed amendment necessary: A portion of the property is in Ee County and a portion is in the City, The owner wishes to connect to the ?uiblic Utilities and construct a 16-unit -cartment. TT e signing of this application signifies that the foregoing :nC rmation is trLi and accurate, based pon the best inforniAtior, available and fur-Lher grants approval for Trl-City Planning staZf ,o be pre Sent on the v ne i 1=ection during the as?nexation process. ' ++r N 1���.i. E_R Pate, j PETITION TO ANNEX AND NOTICE Off' 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 swine manner as such services are provided or made available to other properties within the rest of the municipality. Petitioners) hereby state that there is no need to prepare a Municipal Anriexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from. the _South Kalispell 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 Petitioner's} to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation.. N ER ate Please return this petition to: Tri-City Planning Office 17 2nd St. East, Suite 211 Kalispell, Montana 59901 NOTE: you must attach an Exhibit A that provides a bona fide legal description of the property to be annexed that has been re -Viewed and certified toy the Flathead County Plat Room. STATE OF MON 1 -AVINrk ) ss County of Flathead County On this day of before me the undersigned, a Notary Public for the State of Montana, personally appeared �z known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF', I have hereunto set year in this certificate first above written. STATE OF MONTANA ) : ss County of Flathead County and affixed my Notary Seal I)Yotary Public, State of Montana Residing at T,� �� l/ My Commission expires/ 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 game is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, T 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: STATE OF MONTANA ) SS County of Flathead On this day of before me, the undersigned, a Notary Public for The State of Montana, personally appeared and .the and respectively, of the corporation that executed the fcregom' g instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN IWITNESS 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 tiIy Commission expires D6-7t-re Daily 4nter -_ke. Sunday, November 23. 2€ 03 LEGAL NOTICES LEGAL Nuns LEGAL NOTICES LEGAL NOT€ns Brenda Vincent for an initial zoning designa- tion of R-3, Single Fami- ly Residential with a Planned Unit Develop- ment (PUD) overlay upon annexation to the City of Kalispell on ap- proximately 2.45 acres. The property is located on the north side of Cal- ifornia Street between Fifth Ave EN and Sixth Ave EN. In conjunction with the annexation and proposed R-3 / PD zoning designation, a six unit subdivision for the property has been submitted concurrently. The property is currently zoned County R-1, a Suburban Residential zone_ The property can be described as a por- tion of Assessors Tract 23A �n Section 8, Town- ship 26 north, Range 21 West, l Flathead County, Montana. 2. A request by Duo Corp Development on behalf of John and Brenda Vincent for pre- liminary plat approval of Stillwater Terrace.subdf- vision, a six lot residen- tiai subdivision consist- ing of two duplex town- houses units and two single-family residences on apprcximateiy 2.45 acres. The townhouse units would be =ated along California and the singie-family units iocat- ed along the bluff, The property can be descri- bed as a ocrtion of As- sessors Tract 23A in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. 3. A request by Alan and Kandy Satteriee for a conditional use permit to operate a youth group home f transition- al living facifity. The ap- plicants are proposing a transitional living faculty for not more than six young worsen between the ages of 16 and 22 years of age. The prop- erty is zoned RA-1. a Low Density Residential Apartment district. The zoning lists community residential facilities for eight or fewer people as a conditionally permitted use. Community resi- dential facilities (which includes youth group homes) for eight or few- er people are specifical- ly addressed in the State statutes and have an exempt status and cannot be denied by the local government. This youth group home is proposed in an existing residence at 206 Fourth Ave East and is located on the southwest corner of Fourth Avenue cast and Second Street Fast. The property can be de- scrbed as Lot I and the north 3.68 feet of Lot 2. Block 59, Kalispell Cridi- nal Township in Section 8. Township 28 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana, 4. A request by Ken Kramer for an initial zoning designation upon annexation to the City of Kai9spell of RA-1, Low Density Residential Apartment on approxi- mately 0.62 of an acre located in the 1700 biock of Fifth Avenue East. In conjunction with the proposed RA-1 zon- ing designation and an- nexation, an application for a conditional use permit to allow a 16 unit apartment complex has been submitted concur- rently. The property is currently zoned County R-a, a Two Family Resi- dential zoning district. The property can be de- scribed as Assessors Tract 5ZA except the west 150 feet of the south 30 feet in Section 17, Township 28 North, Flange 21 West, P.M-M., Flathead Coun- ty, Montana. 5. A request by Ken Kramer for a conditional use permit to allow a 6 unit apartment complex on property to be an- nexed and zoned RA-1, Low Density Residential Apartment. The apart- ment complex would consist of a single build- inn located at the easr, end of the property: City utilities would 59- extended to the site to service the develop-: ment. The property cam be described as Asses-: sors Tract 5ZA excep the west 150 feet of thei south 30 feet in Secticrr� 17, Township 23 Ncrth„ Range 21 West,. P.NI.M., Flathead Coun R ty, Montana. Documents pertaining. to these agenda items' are on file for public in- spection at the Tri-City Planning Office, 17 Sec- ond Street East, Suite, 211, Kalispell, MTF 69901, and are availa- ble for public review' during regular office. hours. Interested persons are' encouraged to attends the hearing and make€ their views and con- -earns known to they Board. Written ccm-, ments may be submit- ted to the Tri-City Plan-; ning Office at the above► address, prior to the, date of the hearing, or, contact Tom Jentz, Di- rector. at (406) 7E1 1650 for additional infor mation. /s/Thomas R. Jentz Thomas R. ,lentz Manning Director Novem oer 23, 200W. behalf' dr Jt�hh`:=and Zone change, Variance, Conditional Use, i'UD, Annexation & Zoning CERTIFICATION APPLICANT: KEPT' Kit AM R TCPO FILE NO: #KCU-3-7 f KA-03-21 1, the undersigned, certify that i did this date mail. a copy of the attached notice to the following list of landowners within 150 feet of the property Imes of the property that is the subject of the app3iieation. Date:_ /- g i- 0 11157 HEN KRAIVMER. 2900 W.ILCREST STE 245 HOUSTON TX 77042 JACKOLA ENGINEERING P O BOX 1134 KALISPELL MT 59903 AND ATTACHED LIST 17 Secoizd Street East - Suite 211 X;;1ispe3s, Montana 5990 Phone: (4061 75 i-1.850 Fix: (4061 751-1-858 tricit�:centuyte?.ne-t w ww.t citygla .i.g-mt.com You are being sent this notice because you are a property owner within 150 feet of the proposed praiect noted beicw and will he most directly affected by its development. You have an opportunity tc3 present your comments and concerns at the meting noted below. You may contact this office far additional infcrmaticn. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION The regular raaeeting of the Kalispell City Planning Board and Zoning Commission is scloeduled for Tuesday, December 9, 200S beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Pull, 312 First Avenue East, and. K.alispeL. The plan=* g board will held a public heariing and take public coxr�ents on the following agenda items. The; Board will make a recom rnendation to the Kalispell City Council wi-io will take E al action. 1. A request by Duo Corp Development on behalf of John and Brenda Vincent for an initial zonin- designation of R-3, Single Family Residential with a Planned Unit Development (PUD) overlay upon annexation to the Ciro of Kalispell can appro .ately 2.45 acres. The praperty is located on the north side of California Street bets eerz Fifth Ave EN and Seventh Ave EN. In conjunction with the axznexati.oxn and proposed R-3 / PUD zoning designation, a six unit subdivisiora for the property has been submitted concurrently. The property is currently zoned County R-i, a Suburban Residential zone. The property can be described as Assessors Tract 23A in Section 8, Township 28 forth, Range 2lWest, P_-M. VI., Flathead County, Montana. � . ? request by Duo Carp Development on behalf of Jobs and Brenda Vincent for r�relimir,a7j plat approval of Stillwater Terrace subdivision.. a six lot residential subdnrisien consisting of 7,ua dun_ lem townhouses anits and two single-faintly -esidences can approx=ately 2.45 acres. ±'-lie toy; nDIOuse: units would be located along California and uhe sinde- amid-v un;.ts located, along the Mutt. The propert- can be described as Assessors T--act 23A in Sec 'on 8, Township 218 North. loam-e 2 7 ":�sesr, P.27A.-i., 1 ati�iead County, Montana. rtcoaest v -�-Iar, aiid Sa er et -For a, c2ndii1C1i i 'I Se 7�: 1� Wo (�ptratL :� " L i :Zr-OUT) _some ar SiL final 5 ? aC` 1t . Tlit a.r-cdcan-Ls =cpoS3.ng 'a ar-s-Ltion 311 l y . -Ig ix.C.'.;1L , or f or cr : tar. sr-, _= L?1=z if omen D.erwee= h-- a�f's of i o an �n "ears JI Ze. --leri30=7� 5 =ta � �C �„"1i tt "r i s - € to r • Z -E ._.�.. �G'nu � rS v�Tn"'n_r.'.L:' _.. 1CL�.__Lal aC S _C]_ _ or e-�ve- -:to-o e ?S a.-=--,ci- cna t% ', =- 6-neu -'acili-des L_ r cleat s l ti =,)U� ai:=e5l =�, �1'C :fir 'ff%v T ��'��!e wGC7T'C 1T, ' Ciro vYY$ Li %s r7-1a.ns3i g _lssistanc� "0: ..c;.:= r3p.-;,_ ;_C_m; Gc.r - v C m:t six_ 'wG CP it QVeci'. h`�: 7 Page 7 �z W addressed i-n the State statutes and have an exem-pt status and cannot be denied by e local gave xent_ 7-his youth group home is proposed. Ln an eidsting resicence at 206 Fourt-i- Ave East and is located on tie southwest comer or FourA,,enue East and Second Street East. The propeny can be described as Lo 1 ard the north 8.68 fte`L of Lot 2, block 59, KalispeE Onginal Towash p in Section 8, Tovvrnship 28 North, Range 21 West, P.M.-M., Flat'-aead Count.-, Motnrax ,a. 4. A request by Ken Kr=er for an initial zoning designation upon arlriexation to the Citv of Kalispell. of RA-1, Low Density Residential. Apartment on appro---imately 0.52 of an acre located in the 1700 block of Fifth Avenue East. In conjunction with the proposed RA-1 zoning designation and, anne�mti.on, an application for a conditional use permit to allow a 16 unit apartment complex has been submitted concurrently. The property is currently zoned County R--4, a Two Family Residential zoning district. The property can be described as Assessors Tract 5Z_�, except the west 150 fee—, of the south 30 feet in Section. 17, Townsbip 28 North, Range 2lWest, P.I.M., Flathead County, Montana. 5. A request by Ken. Kramer for a conditional use permit to allow a 1.6 unit apartment complex on property to be annexed and zoned RA-1, Low Density Residential Apartment. The apartment complex would consist of a single building located at the east end of the property. City utilities would be extended to the site to service the development. The property caza be described as Assessors Tract 5ZA- except the west 150 feet of the south 30 feet in Section 17, Township 28 North, Range 21West, P.M.-M., Flathead County, Montana. Documents pertaining to these agenda items are or, nle for public inspection at the Tri-City Planning Office, 17 Second Sheet East, Suite 211, Kalispell, Mf 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make theirviews and ccrrcerns 111.own to the Doard. Written cornments may he submitted to the Tri-City ?la-n=, _g Office at the above address, prier to the date of the hearrmg, or you may, contact Narda Wesson, Senior Plann.es at (406) ; 51-1850 or e-ma.1 at `rcit�nardai�i.ce a�� 1te?.net for additional nfor�ation. DOS PROPERTIES 354 BLUE SPRUCE LN KALISPELL MT 59901 CYNTHIA BUCKALLEW 90 GLENW OOD KALISPELL MT 59901 ANNA TENA MORK P0BOX 601 KALISPELL MT 59903 NEIL & PENNY BANGS 229 NEWSOM LANE KALISPELL MT 59901. WAYNE LANKFORD P O BOX 10065 KALISPELL MT 59904 MICPIAEL & DONNA DELAGE 1623 5TH AVE EAST KALISPELL MT 59901 ROBERT RINKE P O BOX 5244 KALISPELL MT 59903 KEN KRAMER 2900 WILCREST STE 245 HOUSTON TX 77042 GEORGE HERNDRIKSON 535 VONDERIHEIDE LANE KALISPELL MT 59901 'VILLARD & PI�I'LLIS STOCKWELL ' 700 3T`l AVENUE EAST :A-L1SPELL MT 59901 HUURD FAMILY TRUST 1702 8TH AVENUE .EAST KALISPELL MT 59901 PADDY & MARIANNE GWIN 1327 NAPLES BILLINGS MT :59105 GLEN & BARBARA ALIEN TRUST 1720 8Tli AVENUE EAST KALISPELL 1sIT 59901 JACKOLA ENGINEERING P O BOX 1134 KALISPELL MT 59903 WALTER & ALICE EK 1711 5TH AVE E KALISPELL MT 59901 ©©©(1 six, ©C1 El ID a is `�th'y( I ! 1��4��4�y.�uc� sit, Who � Li �SiR ` lit W i m Ii�ull�� � y � GG gggggg...... �� q`�S Own�o $ WO 00 1 itshRn is son SAM Ill q A ��o slow � �y rY o i v7 w �s. L� wr��u��¢$� w not w3mw 1 01"1 0 PINK!I I sk Not Ow O lam �a a low too it I WT2 On, 1012 z a �y Q¢oli.��= aN ¢ its yq jily lb al w son IN N wit i� 0st,st°ganow k fez 4$ ¢ 4 a B13 -b B 5 N `lk 5NA woon, 5 -1 5 - 5-2 RA! 5-12 p, 12 A re 11 2 3 2 3 I 7 N -, N 8ND SKA SNP 4ABB" 4ABAl A AAB f PB 16 REVISED VICINITY MAP KEN KRAMER CONDITIONAL U, SE PE , IRMT T / ANNEXATION TO ALLOW A 16 UNIT APARTMENT COMPLEX T -LN RA-lL, A LOW DENSITY RESIDENTIAL APARTMENT DISTRICT TT CTT rP�T 7 Fl�= CON i-,�RRENTTV j-j -L WITIH INYL i-i LJONING UIPON ANNEXATTON FWT DATE: A/24/03 XCU-03-7 & KA-0-3-21 SCALE 1 200'