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05. Resolution 4721 - Annexation - Big Sky PropertiesREPORT TO: FROM: SUBJECT MEETING DATE: Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Annexation and Initial Zoning - Big Sky Properties Hwy 93 South Dennis Osburn July 1, 2002 BACKGROUND: This is a request on the initial zoning for property being annexed into the city located at the southeast corner of Hwy 93 South and Kelly Road where Big Sky Properties real estate office is located. A petition for annexation was received from Dennis Osburn for approximately 0.386 of an acre and he is requesting B-2, General Business, zoning upon annexation. This zoning is consistent with the existing County B-2, General Business zoning in intent and anticipated uses. The property is being annexed in order to receive City services. On June 11, 2002 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 B-2 zoning and no one spoke at the public hearing. A motion was made and passed unanimously by the planning board to recommend B-2, General Business, zoning upon annexation into the city. . RECOMMENDATION: A motion to adopt the first reading of the ordinance for B-2 zoning upon annexation would be in order. FISCAL EFFECTS: Some potential positive effects once fully developed. ALTERNATIVES: As suggested by the city council. �ho � V& � C Q)�X A Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 21, 2002 c: Theresa White, Kalispell City Clerk H: \FRDO\TRANSMIT\KALISPEL\2002\KA02-6MEMO.DOC Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish RESOLUTION NO. 4721 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 2AAE AND 2AAD LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS OSBURN ADDITION NO. 315; 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 Dennis Osburn, the owner of approximately 1/3 acre of property located at the southeast corner of Kelly Road and Highway 93 in South Kalispell, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Dennis Osburn's Annexation Request, #KA-02-6, dated June 4, 2002, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, 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 above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Osburn Addition No. 315. 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 OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 1ST DAY OF JULY, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone:(406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net June 20, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning — Big Sky Properties Hwy 93 South Dennis Osburn Dear Chris: The Kalispell City Planning Board met on June 11, 2002, and held a public hearing to consider initial zoning for property located at the southeast corner of Hwy 93 South and Kelly Road where Big Sky Properties real estate office is located. A petition for annexation was received from Dennis Osburn for approximately 0.386 of an acre and he is requesting B-2, General Business, zoning upon annexation. This zoning is consistent with the existing County B-2, General Business zoning in intent and anticipated uses. The property is being annexed in order to receive City services. Narda Wilson with the Tri-City Planning Office presented staff report #KA-02-6, evaluating the proposed zoning noting that the proposed zoning is consistent with the existing zoning and real estate office use. No one spoke at the public hearing. After the public hearing the board discussed the zoning for the property. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be B-2, General Business, upon annexation. Please schedule this matter for the July 1, 2002 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell ,,C-i y Planning Board &y hem/ /'*j Bill Rice Vice President Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Big Sky Properties Annexation and Initial Zoning June 20, 2002 Page 2 BR/NW Attachments: Original petition to annex and legal description Staff report #KA-02-6 Draft minutes 6/ 11 /02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Dennis Osburn, 2267 Hwy 93 South, Kalispell NIT 59901 H: \FRDO \TRANSMIT\KALISPEL\2002 \KA02-6. DOC KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF MEETING JUNE 11, 2002 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Mark Brechel, Bill Rice, Sue Ellyn Anderson and Jean Johnson. Ron Van Natta, Jim Atkinson, and Bonnie Spooner were absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 5 people in the audience. APPROVAL OF MINUTES Johnson moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board meeting of May 28, 2002, as submitted. On a vote by acclamation the motion passed unanimously. DENNIS OSBURN/BIG SKY A request by Dennis Osburn for an initial zoning designation PROPERTIES ANNEXATION of B-2, General Business, upon annexation into the City of AND INITIAL ZONING Kalispell on approximately one third of an acre that lies at the southeast comer of Kelly Road and Hwy 93, Big Sky Properties address 2267 Hwy 93 So. The property is currently in the County zoning jurisdiction and is zoned B-2, General Business. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KA-02-6 presentation of staff report KA-02-6, a request for annexation and initial zoning. The property owner is requesting City B- 2, a General Business zoning district, which is similar in intent and the types of allowable uses as the County B-2 zoning. The B-2 district is intended to provide areas for retail sales and services, which might require outdoor display of merchandise and would service the general needs of the motoring public. The B-2 areas in the City are typically located along major transportation corridors. The area proposed for annexation and zoning contains approximately 16,814 square feet, or 0.386 of an acre. The property is currently occupied by a small real estate office that fronts Hwy 93 South and will continue to operate as it currently exists. Staff reviewed the fmdings and statutory criteria. Wilson recommended adoption of those findings and initial zoning for this property as B-2, General Business, upon annexation. Brechel asked and Wilson answered that annexation of Kelly Road would likely happen when the Green Acres neighborhood is annexed. APPLICANT/AGENCIES No one wished to speak. Kalispell City Planning Board Minutes of the meeting of June 11, 2002 Page 1 PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KA-02-6 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be B-2, General Business, upon annexation. BOARD DISCUSSION Johnson asked and Wilson answered that Public Works is informed of all annexations and there would be no impacts on the sewer treatment plant. She said the plant's overall capacity could accommodate this growth. ROLL CALL The motion passed unanimously on a roll call vote. ANTHONY L. LUPO ZONE A zone change request by Anthony L. Lupo from RA-1, Low CHANGE Density Residential Apartment, to B-2, General Business, on property that lies on the east side of Third Avenue East and contains approximately 1.21 acres. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KZC-02-1 presentation of staff report KZC-02-1. Wilson explained the existing zoning and nature of the request noting that the master plan for this area is Commercial. She said the property owner is requesting the property be rezoned from RA-1, Low Density Residential Apartment, to B-2, General Business. The property owner would like to sell the property and feels that the zone change to B-2 would offer more development potential and marketability. Upon review of the findings of fact and evaluation of the statutory criteria staff recommended adoption of the staff report and its findings and that the requested zone change from RA-1 to B-2 be granted. APPLICANT/AGENCIES Harvey Paugh, with Western Brokers representing the applicant, said Wilson covered all the bases. He added that the small lots shown on the map are not feasible to market as individual lots and, hopefully, they could market them as one lot to be developed as multi -family or apartment. He felt the B-2 would be the best zoning for the area because it is consistent with the area and they could maximize the marketability of the property. PUBLIC HEARING The public hearing was opened to those who wished to speak. PROPONENTS No one wished to speak. Kalispell City Planning Board Minutes of the meeting of June 11, 2002 Page 2 DENNIS OSBURN / BIG SKY PROPERTIES REQUEST FOR ANNEXATION AND INITIAL ZONING OF B-2 TRI-CITY PLANNING OFFICE STAFF REPORT #KA-02-6 JUNE 4, 2002 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for annexation and initial zoning of B-2. A public hearing has been scheduled before the planning board for June 11, 2002 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. BACK ROUND INFO NLAEM 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 petitioner would like to annex in order to receive City services. A. Petitioner and Owners: Dennis Osburn 2267 Hwy 93 South Kalispell, MT 59901 (406) 755-5666 B. Location and Legal Description of Property: The property proposed for annexation is located at the southeast corner of Kelly Road and Hwy 93 in south Kalispell. The property can be described as Assessor's Tracts 2AAE and 2AAD located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: This property is currently located in the County zoning jurisdiction and is zoned B-2, a General Business zoning district which allows a wide variety of uses including uses that require areas for outdoor display and storage of merchandise. This zoning district is intended to serve the traveling public and have been located along major highways and thoroughfares in the county. D. Proposed Zoning: The property owner is requesting City B-2, a General Business zoning district which is similar in intent and the types of allowable uses as the County B-2 zoning. The B-2 district is intended to provide areas for retail sales and services which might require outdoor display of merchandise and would service the general needs of the motoring public. The B-2 areas in the City are typically located along major transportation corridors. E. Size: The area proposed for annexation and zoning contains approximately 16,814 square feet or 0.386 of an acre. F. Existing Land Use: Currently this property is occupied by a small real estate office that fronts along Hwy 93 South and will continue to operate as it currently exists. G. Adjacent Land Uses and Zoning: The character of the immediate area is generally commercial in character. North: Billmayer well drilling, City B-2 zoning South: Boat storage and sales, County B-2 zoning East: Pepsi distribution warehouse, City I-1 zoning West: Daley Field Lot 3 undeveloped, City B-2 zoning H. General Land Use Character: The general land use character of the area is a generally commercial with some light industrial uses to the east along Kelly Road and Hwy 93 to the south. I. Availability of Public Services: Once annexed to the City, full City services will be made available to the property owner for the development of the site. No main extensions will be required, but rather service lines will be extended from existing utilities. 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. �.. .. .. . .. ... .so* UAM, J;Wlin1Tj. • ,. This Kalispell City County Master Plan Map recognizes this area as Commercial with an orientation toward general commercial uses because of its proximity along Hwy 93. The current and proposed land use and zoning comply with the land use designation of Commercial and further the goals and policies of the plan by locating the type of general commercial uses along a major highway corridor that has good visibility and access. The proposed zoning of this property to a general business zoning district is consistent with exiting County zoning and will not result in a change in use or the level of traffic generated from the site. Hwy 93 South is a major arterial in the Kalispell Transportation Plan and this area currently accommodates a variety of general commercial uses appropriately located along this major roadway. There is no obvious increase in risk related the proposed B-2 zoning district which would impede fire or police access to the site. Access for fire and other emergency services is generally good. 2 Because this annexation will enable the property owners to connect to public sewer and develop the property with full public services, the public health and welfare of the community will be served. This property is currently fully developed and any future redevelopment of the site with another commercial use which might be planned for this property will be required to comply with the development standards of the B-2 zoning district, which assures that there is adequate light and air. The requested zoning designation is consistent with the type of development, which would be anticipated under the current Commercial master plan designation and existing County zoning. The requested zone will not contribute to the overcrowding of land. No increase in the concentration of people or the increase in the intensity of use will result under the proposed zoning. The proposed City zoning is consistent with the current County zoning. Furthermore, the development standards in the district are intended to avoid the undue concentration of people in the area beyond what the infrastructure and facilities are able to accommodate. Public service, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. • �.- •- -. -. •■- 9 •• .- •• • •- •.r • ► • .- . •.-rs . ..r• - The proposed zoning is consistent with the current B-2 zoning of the property and the properties in the immediate area. These properties have been developed with boat sales and storage, offices, business offices, a restaurant and bar as well as other high intensity uses in the immediate area. The proposed zoning gives adequate consideration to the suitability of the property for the uses allowed under the City B-2 zoning. The general character of the area is primarily limited commercial and light industrial uses in the immediate area. These are appropriate to the high volumes of traffic and high visibility along the Hwy 93 corridor. The requested zone gives reasonable consideration to the character of the area and is consistent with other development in the area. Value of the buildings in the area will be conserved because the uses allowed under the B-2 would be generally consistent and complementary to other uses in the area. The most appropriate use of land throughout commercial zoning designation being requested. and other zoning in the area and promotes character of the immediate area. the jurisdiction is the general This is consistent with the uses the stability and neighborhood It is recommended that the Kalispell City Planning Board adopt Staff Report #KA-02-6 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning for this property should be B-2, General Business, upon annexation. WWV 0 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND IlVITfAL ZONING RECEIVED CITY OF KALISPELL APR 2 2 2002 NAME OF APPLICANT:. 1 � N is & 1&Q TRI-CITY PLANNING OFFICE MAIL ADDRESS:_2.'Z/n7 ( !4� t C{ Sn CITY/STATE/ZIP:h{)-l._15MP.0AT- r 1-1 1 PHONE: INTEREST IN PROPERTY: r)1� (�R Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: --2- CITY/STATE/ZIP: PHONE: S (e INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the properly: -2-Zc.71 Legal Description: (Lot and Block of Subdivision; Tract #) [a, 2 Sf4t-AW4 2.0 jA'RPPL Egg 3 as C o 5-tk7 (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: Z Z The proposed zoning of the above property is: State the changed or changing conditions that make the proposed amendment necessary: 31 The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Tri-City Planning staff to be present on the ;Z= (Date) PETITION NO.: PETITION TO ANNEX. AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.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 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. "tinerll er Petitioner/Owner Please return this petition to: Tri-City Planning Office 17 2°d St East, Suite 211 Kalispell MT 59901 NOTE: Attach Exhibit A STATE OF MONTANA ) County of Flathead County ss On this ?? ,J day of .A 4, aj , , , before me, the undersigned, a Notary Public for the State of Montana, personally appeared (rhl wi 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 my hand and affixed my Notary Seal the day and year in this certificate first above written. 4 Notao Public, State of Montana Residing at 1( ,n 2 Pg �1 % My Commission expires: �;� - i'7 - g,50_3 STATE OF MONTANA ) ss County of Flathead County On this day of before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) County of Flathead RV Notary Public, State of Montana Residing at My Commission expires: On this day of before me, the undersigned, a Notary Public for The State of Montana, personally appeared and ,the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires No. CT-44942 SCHEDULE C The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows: TRACT 1: That portion of the Southeast 1/4 Northwest 1/4, Section 20, Township 28 North, Range 21 west, Flathead County, Montana, described as follows: Commencing at the Southeast corner of the Southeast 1/4 Northwest 1/4; thence along the East line of the Southeast 1/4 Northwest 1/4, North 0*02.004 East, 631.32 feet; thence North 89'58100" west, 268.88 feet to the Easterly line of U.S. Highway No. 93; thence along the Easterly line of the Highway, North 33'02.20" west, 103.83 feet to the Southerly line of Kelly Road at the Point of Beginning; thence along the Southerly line of the road, North 64'23.55" East. 133.27 feet; thence South 25'38.21" East, 60.66 feet; thence South 88'51'49" west, 146.46 feet to the Point of Beginning. Parcel A, Certificate of Survey No. 12331. TRACT 2: That portion of the Southeast 1/4 Northwest 1/4, Section 20. Township 28 North, Range 21 West, Flathead County, Montana, described as follows: Commencing at the Southeast corner of the Southeast 1/4 Northwest 1/4; thence along the East line of the Southeast 1/4 Northwest 1/4, North 0'02'00" East, 631.32 feet; thence North 89'58100" west, 135.85 feet to the Point of Beginning; thence ..continuing . North 89.58'00" west, 133.03 feet to the Easterly line of U.S_ Highway No. 93; thence along the Easterly line, North 33'02'20" West, 103.83 feet to the Southeasterly line of Kelly Road; thence North 88'51.49" East. 146.46 feet; thence South 25'38'21" East., 99.85 feet to the Point of Beginning. Parcel B. Certificate of Survey No, 12331. THE END ALTA CwmilmeM FAMKALCT ., ... h;- .. Li I WESI '41-"1 1EE1 lO 1IE PO I N I L F.:Ilie:l Fl- :O tl IN Nt'XE OI" LINE nLL n5 SXOvry XEFEO N. WEST IJNE sYN �N We HER C. DF 5. NO. 2730 40 5-36*09'23•E. S7.65, L=,Fa.zB' Fd. G COdN il R:33o.43' WRmR \ � • �.�'`t E' j453 �i �. NEW y PARCEL A UNE O. 093 ACREPOB N.88.5 4.9•E. �" OLD PAR BowiDrleY L C,w. PARCEL .B -C'. u.fE 1. 991 gGRE5 5.6 "E. O a3 OR86 HIRE $ Fd'DBD•RB 3.92: 3 92, Y _ YLf . F<.�ac ..-nnr'l i n poa y0 tH6S 3y. �OO' W W 0 O N V --Fd. B.C. C Vq PER C, OF 5. No. 2730 la3a 1 LEGEND O seT A-y1 1- f' Mg Wfrt1 KI,6,7C. GAP STAMPED 173265' 0 FOUND POINT AS NOTeD UB® Subject ZPLP 70A I70A 1-1 70B wtk2AAB �w VICINITY MAP ST ,\l AM. 070E I M DENNIS OSBURN REQUEST FOR INITIAL ZONING UPON ANNEXATION FROM COUNTY B-2, GENERAL BUSINESS TO B-2, GENERAL BUSINESS CITY OF KALISPELL ZONING JURISDICTION FILE# KA-02-6 SCALE 1" = 200' 1 1 2 #1 PLAT DATE: 5/17/02 H:\gm\-to\ka02_0.dwg No. 5852 NOTICE OF PUBLIC HEARING KALISPELL CITY "PLANNING BOARD AND ZONING COM- MISSION ' Zone Change RA-1 to B-2 Third Ave East 15 Unit Apt Complex at 1700 First Ave West — Conditional Use Per- mit Four Unit Apt at East End of Washington St Conditional Use Per- mit I Initial Zoning of B-2 for Big Sky Properties Hwy 93 So Upon Annexation The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, June 11, 2002 beginning at --7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- 11spell. During the regu- larly scheduled meeting of the planning board, the board will hold a rpublic hearing and take public comments on the following agenda items. .The board will make a 'recommendation to the `Kalispell City Council who will take final ac- tion. "A zone change re- quest by Anthony L. Lu- po from RA-1, Low -Den - ally Residential Apart- ment, to B-2, General -Business, a district that allows a broad mix of commercial uses and multi -family dwellings. The property lies be- tween the 14th St East and 18th St East on the east side of Third Ave East and contains ap- proximately 1.21 acres and is currently unde- veloped. The property proposed for rezoning can be described as Lots 1 through 7, Block 1, Ryker's Addition in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County. Montana. Dfi—The Daily Inter Lake, Sunday, May 26, 2002 -- A request by Joe Clark for a conditional use :permit to allow the con- struction of 15 apart- ment units on property "zoned RA-1, Low Densi- ty Residential Apart- ment, which lists multi- family dwellings as a -conditionally permitted use. The property con- tains slightly over one acre. Four separate buildings — three four- -plex units and one tri- �plex unit, would be con- ,�structed at the south and of First Ave West ,on the west side of the road. The property can be described as Asses- sors Tract 8J located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. "A request by Lisa M. -Wursterfor a conditional use permit to allow the _construction of a four - unit apartment on prop- erty zoned RA-1, Low- : -`Density Residential "Apartment, which lists „multi -family dwellings as ,use. The property con- --Gains approximately -' 18,229 square feet. The property is at the east 'rend of Washington - Street on the north side. `.-,The property can be de - :scribed as Amended Assessor's Tract 34 lo- cated in Section 8, :Township 28 North, ,Range 21 West, "P.M.M., Flathead Coun- ty, Montana. A request by Dennis Osburn for an initial zoning designation of B- 2, General Business, upon annexation into the City of Kalispell on approximately one third of an acre that lies at - the southeast corner of Kelly Road and Hwy 93, Ig Sky Properties, lo- ated at 726'' Hggj4.9,3 So. The property.1%cur- rently in the Cbunty'zon-- ing jurisdiction and is zoned B-2, General Business. The property is annexing in order to receive City utilities. The property proposed for annexation can be de- scribed as Assessor's Tracts 2AAD and 2AAE located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. Documents to these age are on file to 2.11.,: Kalispell,-- MT 5990T. and are availa- ble for public review - during, regular office hours. ' - Interested persons are. encouraged to attend. the- heating and make their -views -and tort- eems known_ to the fotrnation. - PsfThomas,Fr Jantz,. Thomas:R.Jentz Planning Director Nay 26, 2002 - -