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04. Resolution 4904 - Annexation - Tim & Kay KnollREPORT TO: FROM: F1i1d111*0 Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Tim and Kay Knoll - Initial Zoning Upon Annexation R-4, Two Family Residential, east side of Denver Avenue MEETING DATE: July 6, 2004 BACKGROUND: This is a request by Tim and Kay Knoll for an initial zoning designation of R-4, Two Family Residential on approximately 1.0 acre. The property proposed for annexation lies on the east side of Denver Avenue between Bluestone and Sunnyside Drive. Annexation of this property was a condition of final plat approval for Ashley Meadows Subdivision to avoid leaving an island of county property in the area. The petition to annex was submitted to the Tri-City Planning Office at the same time the application for final plat approval was submitted. The Kalispell City Council approved the final plat for Ashley Meadows at their regular meeting of May 17, 2004. The property is currently zoned County R-1, Suburban Residential. A public hearing was held before the Kalispell City Planning Board at a meeting of June 9, 2004 regarding this properly. One individual from the neighborhood, a resident in Stratford Subdivision Phase 1 adjoining this property to the south, spoke in opposition to the zoning of this property to R-4 stating there was too much development in the area already. No one else spoke either in favor or in opposition to the request. After the public hearing the board discussed the annexation. They agreed that it was reasonable for this property to be brought into the city and noted that there were not plans to subdivide the property. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation to the city, RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed, ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: City of Kalispell • City of Whitefish • City of Columbia Falls Knoll Annexation and Initial Zoning June 21, 2004 Page 2 Respectfully submitted, Narda A. Wilson, Senior Planner Report compiled: June 21, 2004 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Chris A. Kukulski City Manager Staff report KA-04-10 and application materials Draft minutes from 6/9/04 planning board meeting Cost of Services Analysis TRANSMIT\KALISPEL\2004\KA04-IOMEMO RESOLUTION NO. 4904 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 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS KNOLL ADDITION NO.349; 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 Tim Knoll, the owner of property located on the east side of Denver Avenue, north of Bluestone Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on the Knoll Annexation Request, #KA-04-10, dated June 2, 2004, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, on approximately one acre 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 Knoll Addition No. 349. SECTION IL 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 6TH DAY OF JULY, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity(&centurytetnet www.tricityplanning-mt.com June 21, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Tim and Kay Knoll - Initial Zoning Upon Annexation - R-4, Two Family Residential, on the east side of Denver Avenue Dear Chris The Kalispell City Planning Board met on June 9, 2004, and held a public hearing to consider a request by Tim and Kay Knoll for an initial zoning designation of R-4, Two Family Residential on approximately 1.0 acre. The property proposed for annexation lies on the east side of Denver Avenue between Bluestone and Sunnyside Drive. Annexation of this remainder parcel of Ashley Meadows Subdivision was a condition of final plat approval for the subdivision. The request for annexation was filed at the same time the application for final plat approval was submitted to the Tri-City Planning Office. The property is currently in the county and is zoned County R-1, Suburban Residential. Narda Wilson of the Tri-City Planning Office presented staff report KA-04-10, evaluating the proposed zoning. Staff recommended initial zoning of City R-4, Two Family Residential which is consistent with current zoning of the area. Wilson explained this property was annexed to avoid leaving an island of county property in the area. At the public hearing there was one individual from the neighborhood, a resident in Stratford Subdivision Phase 1 adjoining this property to the south, spoke in opposition to the zoning of this property to R-4 stating there was too much development in the area already. No one else spoke either in favor or in opposition to the request. After the public hearing the board discussed the request and a motion to recommend R-4 zoning upon annexation passed on a unanimous vote. Please schedule this matter for the July 6, 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 Knoll Annexation and Initial Zoning June 21, 2004 Page 2 Sincerely, Kalispell City Planning Board f E Georg Tayl&fr President GT/NW /ma Attachments: Petition to annex (original) Exhibit A - legal description Staff report KA-04-10 and application materials Draft minutes 6/9/04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Tim and Kay Knoll, 880 Sunnyside Drive, Kalispell, MT 59901 TRANSMIT/ KALISPELL/ 2004/ KA04- 10 Knoll Annexa Lion and Inidal Zoning June 21, 2004 Page 3 of WNWQQ�- ANNEXATION AND INITIAL ZONING OF R-4 LEGAL DESCRIPTION Commencing at the Southeast comer of the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana: Thence S88025'36"W and along the south boundary of said NE114NW1/4 a distance of 334.11 feet to a set iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing S88025'36"JV 167.15 feet to a found iron pin; Thence N00017'40"W 260.93 feet to a set iron pin; Thence N88025'36gE 167.15 feet to a set iron pin' Thence S00117'40"E 260.93 feet to the point of beginning and containing 1.001 ACRES; Together with 60 foot private road and utility easement, subject to and together with all appurtenant easements of record. PETITION NO.: PETtitON TO ANM'EX . AND NOTICE OF WITILDRAWAL 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 Petitioners) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioners) hereby state that there is no need to prepare a Municipal Annexation 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 Petitioners) further herein express an intent to have the property as herein described withdrawn from the SOL TH 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 Petitioners) further agree(s) that this covenant shall run to, with, and be binding upon the nde 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. e�r/UwIleI�� PetitionerVOcvner Please return This petition to: Tri-City Planning Office l7 2°d St East. Suite 211 Kalispell W_ 9901 NOTT_ Attach Exhibit A STATE OF MONIANA ) ss County of Flathead County On Uus Zil day of CTn . before me, the undersigned, a Notary Public for the State of Montana, personally appeared knowa 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 my hand and affixed my Notary Seal the day. and rear in this certificate first above written. ` sY+nnitt. Notary public, State of' ontana Residing at My Commission expires: twks h 2� TIM AND KAY KNOLL REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-04-10 JUNE 2, 2004 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of R-4 upon annexation to the city on property in southwest Kalispell. A public hearing has been scheduled before the planning board for June 9, 2004 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 developer has petitioned annexation and initial zoning classification of R-4, a Two Family Residential district. The property is in the County zoning jurisdiction and is zoned County R-1, a Suburban 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 requirement to annex this property was a condition of preliminary plat approval for Ashley Meadows Subdivision which was given final plat approval at the Kalispell City Council meeting of May 17, 2004. A. Petitioner and Owners: Tim Knoll 880 Sunnyside Drive Kalispell, MT 59901 (406) 755-8627 Technical Assistance: Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6481 B. Location and Legal Description of Property- The property proposed for annexation lies east of Lone Pine View Estates, south of Sunnyside Drive and north of Stratford Subdivision Phase 1. The property proposed for annexation and initial zoning can be described as Assessor's Tract 7AACAA located in Section 19, 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-1, Suburban Residential. The suburban residential district is intended to serve as an area where limited density would be encouraged such as in the 100-year zloodplain or on steep slopes or in areas where estate type development is anticipated. D. Proposed Zoning: Citv R-4, Two -Family Residential, has been proposed for the property. The R-4 zoning district allows duplexes and single-family dwellings as permitted uses. The minimum lot size for the district is 6,000 square feet and a minimum lot width of 50 feet with setbacks of 15 feet in the front, ten feet in the rear and live feet on the sides. This zoning is consistent with the zoning assignment for the contiguous subdivision, Ashley Meadows, developed by these property owners. 1 E. Size: The area proposed for annexation and zoning contains approximately one acre. F. Existing Land Use: Currently this property is being used for single-family residence where the property owners live. G. Adjacent Land Uses and Zoning: The immediate area is characterized by single- family homes on urban sized lots in the area to the east and single-family homes on the larger lots to the lots to the west and north. North: Large lot subdivision with single-family homes, County R-1 zoning East: Single-family homes; City R-4 and County R-i zoning South: Stratford Subdivision, City R-4 zoning. West: Single family homes, City R-1 zoning H. General Land Use Character: The area can be described as a transitional area between the urban areas of Kalispell to the east and the more rural undeveloped area of the county to the west. The immediate area is characterized by single-family homes on urban sized lots in the area with larger single-family homes on the larger lots to the lots to the west and north. An urban density residential subdivision, Lone Pine View Estates and Sunnyside Subdivision lie to the west of this property and the Stratford Subdivision, an urban density subdivision is currently under development on approximately 30 acres to the south of this property. I. Availability of Public Services and Extension of Services: Public services, including City water and sewer, can be provided to this site and will be done in accordance with the City of Kalispell's Extension of Services Plan and in accordance with Kalispell's Design and Construction Standards. [�kilcFYkil7rc RI}C�)i`Y14t3i�'laiiTiT��`iYV41iYY1Lt7;il`L�.'7itYl�Ycilcl The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the growth policy? The property is designated by the Kalispell Growth Policy future land use map as "Urban Residential" which anticipates residential development with a density of between four to 12 dwelling units per acre. Because of the provision of public water and sewer to the site, the proposed R-4 zoning designation is in compliance with the fixture land use designation for the area. The R-4 zoning has a minimum lot size requirement of 6,000 square feet with each lot allowing a duplex or a base density of one dwelling per 3,000 square feet. This same development pattern is reflected in the R-4 zoned subdivision to the east, South Meadows, where most of the lots are single-family and townhouse units as well as the Stratford Subdivision to the south and Sunnyside Subdivision to the west, which is currently under development. The proposed zoning is in compliance with the anticipated iand use for the area with anticipates a miry of single-family and duplex dwellings in urban residential areas. 2 2. Is the requested zone designed to lessen congestion in the streets? All of the improvements and infrastructure in this immediate area have been constructed to City standards. Traffic in the area will not increase since the property has already been developed with the existing single family home which will remain. if future redevelopment of this property were to occur, any impacts to traffic would be insubstantial. 3. Will the requested zone secure safety from fire, panic, and other dangers? 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. All municipal services including police and fire protection, water and sewer service are available to the area and have been extended as part of the development of Ashley Meadows Subdivision and other subdivisions in the area. 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. 5. 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 urban residential development. Public water and sewer are in available to this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. S, Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools. parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed R-4 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area to the east is urban sized lots for residential development. The same type of development can be anticipated to occur on this property and will be consistent with the character of the district. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-4 zoning will promote compatible and like uses on this property as are found on other properties in the area. 12, Will the requested zone encourage the most appropriate use of the land throw4hout 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 future land use designations for the area and surrounding zoning in the area. RECOMMENDATION It recommended that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report KA-04-10 and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two Family Residential. REPORTS\KA\04\KA04-10.DOC ENW 4 Tri-City Planning Office 11,, Second St East, Suite 211 Kalispell, NIT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANTNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: TIM AND KAY KNOLL MAIL ADDRESS: 880 SUNNYSIDE DRIVE CITY/STATE/ZIP: KALISPELL MT 59901 PHONE: 755-8627 INTEREST IN PROPERTY: OWNER Other Parties of Interest to be Notified: PARTIES OF INTEREST: SANDS SURVEYING INC MAIL ADDRESS: 2 VILLAGE LOOP CITY/STATE/ZIP: KALISPELL MT 59901 PHONE: 755-6480 INTEREST IN PROPERTY: TECHNICAL SUPPORT PLEASE COMPLETE THE FOLLOWING: Address of the property: 880 SUNNYSIDE DRIVE Legal Description: SEE ATTACHED EXHIBIT A (Lot and Block of Subdivision; Tract #) TRACT 7AACAA SECTION 19. TWP 28 NORTH RANGE 21 WEST (Section, Township, Range) The present zoning of the above property is: COUNTY R-4 The proposed zoning of the above property is: KALISPELL R4 State the changed or changing conditions that make the proposed amendment necessary: THE PROPERTY HAS BEEN REQUIRED TO ANNEX AS A CONDITION OF SUBDMSION APPROVAL FOR ASHLEY MEADOWS. The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Tai-City Planning staff to be present on the property for routinspection during the annexation process. (Applicant) (Bate) APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: compliance with the master plan, compatibility of proposed zoning with surrounding zoning classifications and the application procedure. 2. Completed application form. 3. Completed Petition to Annex form including an Exhibit A, legal description of the property. 4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. 5. Fee Schedule None 6. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. i3:1F.RDOTOFtMS4APPFORMS'KANNI C DOC Commencing at the Southeast comer of the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana: Thence S88025'36"W and along the south boundary of said NE1/4NW1/4 a distance of 334.11 feet to a set iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing S88025'36"W 167.15 feet to a found iron pin; Thence N00°17'40"W 260.93 feet to a set iron pin; Thence N88025'360E 167.15 feet to a set iron pin' Thence S00017'40"E 260.93 feet to the point of beginning and containing 1.001 ACRES; Together with 60 foot private road and utility easement, subject to and together with all appurtenant easements of record. NOTICE OF PUBLIC HEARING MNLISPELL CITY PT., 5LNXI ING BOARD AND ZONING COIVI iISSION June 9, 2004 The regular meeting of the Kalispell CirJ Plane ng Board and Zoning Commission is scheduled for Wednesday, June 9, 2004 beginning at 7:00 PM in the Kalispell Cit-,. Councul Chambers, Kalispell City Hall, 312 First Avenue East; Kalispell. The piarining board wzS hold a public hearing and take public comments on the following agenda items. The Board will mare a recommendation to the Kaiispell City Council who veld take Final action. 1. A request for an initial zoning designation of R-2, Single Family Residential, with a Planned unit Development (PUD) overlay upon annexation to the city of Kalispell on approximately 30.77 acres proposed by Russel J. Purdv. The property is located on Lie southwest corner of Three Mile Drive and Stillwater Road. In conjunction with the annexation and proposed PUD zoning, a 98 lot mixed use subdivision has been filed. This property is currently in the Counts zoning jurisdiction and is zoned R-2, One Family Limited Residential. The property can be described as Assessors Tract 3 n Section 1l, Township 28 North, Range 22 West, P.M.M,, Flathead County, Montana. 2. A request for preliminary plat approval of Bowser Creek Estates, proposed by Russell J. Purdy, a 98 lot mixed use subdivision that would be developed in several phases_ The subdivision contains a total of 30.77 7 acres and would have two commercial lots, 54 single family lots and 42 duplex townhouse units_ As proposed it would be annexed to the city of Kalispell and be given a zoning designation of R-2 % PUD upon annexation to the city. The property can be described as a portion of Assessors Tract 3 in Section 11, Township 28 North, Range 22 West, P.VI.M., Flathead County, Montana. 3. A request for an initial zoning designation of R-3, Urban Single Family Residential, and R-4, Two Family Residential, upon annexation to the city of Kalispell on approximately 12 acres proposed by Larry and Sandy Heuscher. The property is located on the west side of Country Way South, on the east side of the Stillwater River. In conjunction with the annexation, a 30 lot residential subdivision has been hied. This property is currently in the County zoning ;urrsdiction anty ' is --ned R-1 Suburban Reslden tall The ^rCpe car,3e described as Assessors Tract 5H and 3HA or Parcels I and 2 of COS 15145 in Section 31, Township 29 North, Range 21 West, P. M-M_, Flathead County, Montana. 4. A request for pre m ^ar r uiat approval of S Gvater Blaffs proposed 'u-v Larr a and Sandv Heuscher. a 30 of residential subdivision that would contain 3 single iarniy lots and 22 su'nlots for duple, townhouses. The subdivision contains a 7cmi �t _2 acres and as omposed t -.vouid 'ce annexed to ne city ot-iaiisnell and .Je Tien a zoning SeSlgnattOn '.�I ---3and R-4 'upon arinexation o �ile t::t�'. 'Re Droner"can.e SESC 7e 1 a5 oT.i n :JI :=SSeSSOrS mY3Ct i-^ 31:Q :r e:s :. �.Q. .� _a._ _;ecaon-ownsrun Nona.Y.:s "e _ _V"St, �1. ±1. 'ach.eaa : unt;'.=viontana. 5. request for a conditional use aerie by Arthur and Susan Burch to alow for the construction of an accessory dwelling on the property zoned R-4, Two Family Residential. ne grope ,_y owz ers would ire to coristruct a small dweilling that would contain aggro_ matelc ° ', 8 Square `eet near the rear of their property located at 835 First ? ve East as an accessory to their e--isting single family home, 'Tine property can be described as Lots 97 10 and 11, Block 117, Kalispell Original Townsite, located in Section 18, Township 28 North, Range 21 niiestt P.M._V., Flathead Count-,,- . Montana. 6. a request for an initial zoning designation of R-4, Two Familv Residential, upon annexation to the city of Kalispell proposed by Tim and Kay Knoll. The property contains approximately one acre and is located on the east side of Denver Avenue north of Bluestone. It is currently in the County zoning jurisdiction and is zoned R-1, Suburban Residential. The property can be described as Assessors Tract 7AACAA in Section 19, Township 28 North, Range 2 i West, RM.M., Flathead County, Montana. 7. A request for an initial zoning designation of B-1, Neighborhood Buffer District from, upon annexation to the city of Kalispell proposed by Les and Barbara Price. The property contains approximately 0.446 of an acre and is located on the west side of Meridian Road south of Center Street. It is currently in the County zoning jurisdiction and is zoned R-5, Two Family Residential. The property can be described as Lot IA of the Amended Plat of Lots I & 10, Hollister's Meridian Tracts in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead Countv, Montana. 8. An amendment to the Kalispell Zoning Ordinance initiated by the City of Kalispell to include day care centers as a permitted use in the B-2, General Commercial, zoning district. The proposed amendment is intended to provide consistency in the commercial zones where day care centers are listed as a permitted use. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Offiice, 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 comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail her at tncitynardatalcenturvtei.net for additional information. 1" Thomas R. Bentz A Planning 'Director PLB?1Si ;_eral Notices Daily interia3e Suz day, May 23, 2004 Bii.L: Tri-Cira r-larsin.2_ Office 17 Second Street Bast_ Suite 211 Kalispell MI 59901 Note: This office is acting as an agency of the City of Kalispell and should be billed at the Citv's contract rate. LECiA S\KALiSPELJ,V2004\KP56-9.7CC NW and Sandy Heuscher. No. 8214 The property is located NOTICE OF PUBLIC on the west side of HEARING Country Way South, or, KAL18PELL CITY the east side of the Still - PLANNING BOARD water River. In confunc- AND ZONING COM- tion with the annexation, 30 lot residential sub - MISSION June 9, 2004 a division has been filed, The secular meeting of This property is current - the Kalispell City Plan- ly in the County zoning ning Board and Zoning jurisdiction and is zoned Commission is ached- R-1. Suburban Residen- uled for Wednesday, tial. The property can be June 9, 2004 beginning described as Assessors at 7.00 PM in the Kalis- Tract 5H and 5HA or pell City Council Cham- Parcels 1 and 2 of COS bars, Kaltspeff City Half, 15145 in Section 31, 312 First Avenue East, Township 29 North, Kalispell. The planning Range 21 West, board will hold a public P.M.M., Flathead Coun- hearing and take public ty. Montana. comments on the follow- 4, A request for pre- ing agenda items. The Iiminary plat approval of Board will make a rec- Stillwater Bluffs pro- ommendation to the Ka- posed by Larry and lispell City Council who Sandy Heuscher, a 30 will take final action. lot residential subdivi- 1. A request for an ini- sion that would contain fiat zoning designation 8 single family lots and of R-2, Single Family 22 sublats for duplex Residential, with a Plan- townhouses. The subdi- ned Unit Development vision contains a total of (PUD) overlay upon an- 12 acres and as pro- nexation to the city of posed it would be an - Kalispell on approxf- nexed to the city of Ka-- matety 30.77 acres pro- Posed by Russell J. Put- lispell and be given a. zoning designation of R-- by. The property is to-' 3 and R-4 upon annex - 'died on the southwest ation to the city. The: corner of Three Mile property can be descry:. Drive and Stillwater bed as a portion of As - Road. In conjunction sessors Tracts SH and with the annexation and 5HA or Parcels 1 and 2- proposed PUD zoning, of COS 15145 in Sec- a 98 lot mixed use sub- tion 31, Township 29-'. division has been filed. Norm, Range 21 West,'•, This property is current- P,M.M.,. Flathead COun- ' ly in the County zoning jur+scifctfon and is zoned ty, Montana. -' • 5. A request for a con- One Family Limited ditional use permitb+A ;. ditional Residential. The proper- Arthur and Susan Burch to allow for the con-= ty can be described as struction of an accesso- ; Assessors Tract 3 in ry dwelling on the prop=".-.:, Section 11, Township erty zoned R-4, Two, 28 North, Range 22 Family Residential. The;; West, P.M.M., Flathead property owners would...: County, Montana. like to construct a smaW 2. A request for pre- dwelling that would con- Iiminary plat approval of tain approximately 448 Bowser Creek Estates, square feet near the: proposed by Russell J. rear of their property k -^ Purdy, a 98 lot mixed sated at 835 First Ave use subdivision that East as an accessory to would be developed in their existing single fam several phases. The fly home. The property' subdivision contains a can be described as, total of 30.77 acres and Lots 9, 10 and 11 Block`': would have two com- 117, Kalispell Ongmat mercial lots, 54 single Townsite, located in, family lots and 42 du- Section 18, Towr i(.r; plex townhouse units. 28 North, Range 2.1 As proposed it would be West, P.M.M., Flathead` annexed to the city of County, Montana Kalispell and be given a 6" A request for an ini-,= zoning designation of R- flat zoning designations'-'. 2 ' PUD upon annexa- of R-4, Two Family Res.-': ;ion to the city. The identfai, upon annexa- property can be descri- tion to the city of Kalis-4 bed as a portion of As- coil oroposed by Tim sessors Tract 3 in Sec- and -Kay Knoll. The.;: tfcn 11, Townsnip 28 property contains ap--s North, Range 22 West, proximately one acre.- P.M.M., Flathead Coun- and Is located on the ty, Montana. east side of Denver`, 3, A request for an 'ini- Avenue north of Blue- tial zoning designation stone. It Is currently in.-. of 9-3, Urban Single the County zoning Juns=- Family Residemiai, and diction and is zoned R-. wo =amity Real- ? _ jubnlban Redden-' u-.- entlal, upon annexa- tlal. The property can be' lion to the city of Kalis- described as Assessors pall on approximately 12 Tract 7AACAA in Sec- acras er000sed by Larry STATE OF MON-TANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS T LEGAL CLERK OF THE DAILY INTER LAKE f DAILY NEWSPAPER OF GENERAL, CIRCULATIO.. PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FI-ATHEAD, STATE OF MONTANA, AND THAT NO 8214 LEGAL ADVERTISEMENT WAS PRINTED A. PUB LISBED IN TEE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF MAY 23, 2004 tion 19, Township 28" North. Range 21 West, P.M.M., Flathead Coun- ty, Montana. T A request for an Ini- tial zoning designation of B-1, Neighborhood Buffer District from, upon annexation to the '. city of Kalispell pro- i posed by Les and Bar- bara Price. The proper -:a' ty contains approxi-: !. merely 0.446 of an acre. and is located on they west side of Meridian.' Road south of Center Street. It is currently in the County zoning juris- diction and is zoned R- 5, Two Family Residen- tial. The property can be. described as Lot 1A of the Amended Fiat of Lots 1 & 10, Hollister's: Meridian Tracts in Sec- I' tion 13. Township 28i'; North, Range 22 West,...` P.M.M., Flathead Coun. -: ty, Montana- 8. An amendment for the Kalispell Zoning Or�:i amance initiated by the City of Kalispell to in- clude day care centers) as a permitted use in:". the S-2, General Com- mercial ' zoning district:: The proposed amend- ment is intended to pro- vide consistency in thes,s commercial zones: where day care centers are listed as a permitted:: use. Documents pertalninetli to these agenda Items:;{ are on file for public in- spection at the Trr Cdy.- Planning Office 17 Seo- -' AND THE RATE CHARGED FOR THE ABOVE and Street East, suite 211 Kalispell, MT PRINTING DOES NOT EXCEED THE MINIMUM 59961, and are availa- GOING RATE CHARGED TO ANY OTHER ble for alicerega review ADVERTISER FOR THE SAME PUBLICATION, h erected persons are: SET IN THE SAME SIZE TYPE AND PUBLISHED encouraged to attend; the hearing and make. FO THE SAME NUMBER OF INSERTIONS. their views and con- cerns known to the Board. Written com- ments Get may be submit `•"""°u __ � •• led to the Tn-City Plan - Subscribed and sworn to before AD. MAY 24, 2004 ning Office at the above p address, prior to the. j Notarl date ofthehearing, or Ss you may contact Narda Wilson, Senior Planner ' Seal at {406) 751-1850 or e- mail her at c tricitynarda@centurytel. net for additional infor- �t elf. motion. /s/Thomas R. Jentz Thomas R. Jentz Notary Public for the State of Montana Planning Director Residing in Kalispell Mav 23. 2004, My Commission expires 9111/05 1 6L COUNTY R-t TQNE DRIVE 39 -21 66t 38 6 7 1819 20 -�T !7 625 1 2423 22 6736 68135 31 1-34 134 35 36 37 38 R-4 70! J �32 147 140 14'J 150, lbl 152'153'154 1155 1 170 ' "' 166 IE 17L 173174 3--- -- J741 204 du�/ 130 6LA 194 209N i 1 206 207 210 211 192, - -- 19L 190 189� 188i 1871186' IE 90 91 '93 VICINITY MAP TINT & KAY KNOLL REQUEST FOR ANNEXATION & INITIAL ZONING OF R-4 TWO FAMILY RESIDENTIAL FROM COUNTY A TWO FAMILY RESIDENTIAL I PLOT DATE: 5/11/04 1 7TT 117it. nA— 1 n QZr A 1 7 1 qnn' H:\gis\site\ka04—1 O.dwg