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E/02. Resolution 4653 - Bangs Annexation RequestTri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel. net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Annexation and Initial RA-1 Zoning — Neil Bangs MEETING DATE: August 6, 2001 BACKGROUND: The property proposed for annexation is a portion of a tract that lies on the east side of Fifth Avenue East and north of 18th Street. There is a single family home in the city at 1613 Fifth Ave East on the west portion of the parcel which is zoned City RA-1, Low Density Residential Apartment, while the east portion of the property is currently in the County zoning jurisdiction and is zoned County R-4, a Two Family Residential. There is a single wide mobile home in the area proposed to be annexed which will be removed with the property is redeveloped with City water and sewer. The Kalispell City -County Planning Board held a public hearing at their regular meeting of July 10, 2001, and a motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be RA-1, Low Density Residential Apartment, upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance for RA-1 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. "mil! • Narda A. Wil on Chris A. Kukulski Senior Planner City Manager Report compiled: July 19, 2001 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter FRDO report KA-01-2 and application materials Draft minutes from 7/ 10/01 planning board meeting H: \ FRDO \TRANSMIT\KALISPEL\2001 \KA01-2MEMO.DO C Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls RESOLUTION NO. 4635 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 TRACT 5-3 IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS BANGS ADDITION NO. 304; 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 Neil Bangs, the owner of property located on the east side of Fifth Avenue East and north of 18th Street and further described as Assessor's Tract 5-3 in Section 17, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Neil Bang's Annexation Request, #KA-01-2, dated July 3, 2001, and WHEREAS, the Kalispell City -County 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 Bangs Addition No. 304. 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 2ND DAY OF AUGUST, 2001. Wm. E. Boharski 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@centuryte1.net July 19, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning - Neil Bangs Dear Chris: The Kalispell City -County Planning Board met on July 10, 2001, and held a public hearing to consider a request by Neil Bangs for initial zoning upon annexation or property located on the east side of Fifth Avenue East and north of 18u Street East in the southeast part of Kalispell. The applicants are proposing City RA-1, a Low Density Residential Apartment zoning district. The property is currently zoned County R-4, a Two Family Residential zoning district. Half of the parcel is currently inside the city limits and is occupied by a single-family residence. There is a single wide mobile home in the area proposed to be annexed which will be removed and the property developed with city water and sewer. Narda Wilson, of the Flathead Regional Development Office, presented staff report KA- 01-2, evaluating the proposed zoning. Staff recommended initial zoning of City RA-1, Low Density Residential Apartment. At the public hearing no one spoke in favor of or opposition to the proposal. After the public hearing the board discussed the proposal and a motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be RA-1, Low Density Residential Apartment. The legal description of the property to be annexed is attached as Exhibit A. Please schedule this matter for the August 6, 2001 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely Kalispell City -County Planning Board ��tevens� Pres'df ent Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Neil Banes - Annexation and Initial Zoning July 19, 2001 Page 2 GS/NW/ Attachments: Petition to annex (original) Exhibit A — legal description Staff report KA-01-2 and application materials Draft minutes 7/ 10/01 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Neil Bangs, 396 Eighth Ave EN, Kalispell, MT 59901 H: \ FRDO \TRANSMIT\KAL1 SPEL\200I \ KA01-2DOC KALISPELL CITY -COUNTY PLANNING BOARD ]DRAFT I� MINUTES OF MEETING �CSB, ej1 JULY 10, 2001 CALL TO ORDER AND Chairman Greg Stevens called the meeting to order at 7:00 PM. ROLL CALL Members present were: Don Garberg, Dale Pierce, Ron Van Natta, Rob Heinecke, Bill Rice, Greg Stevens; and Don Mann. Don Hines and Brian Sipe had excused absences. Narda Wilson represented the Tri-City Planning Office. There were eight people in the audience. APPROVAL OF MINUTES There was a motion by Van Natta and second by Rice to approve OF JUNE 12, 2001 the minutes of the meeting of June 12, 2001. Garberg stated he had a question regarding why there were different opinions from the fire department on the height restrictions in different zones and said it didn't appear in the minutes and would like it to be on record. Stevens asked if they should address it under old business. Rice said that on page seven of the minutes Stevens had stated "there was no logic or hard fast rule and suggested that the Board review height restrictions." An insert could be placed there. All members present voted aye to approve the minutes as amended. NEIL BANGS A request for initial zoning of RA-1 upon annexation by Neil Bangs ANNEXATION AND on approximately 0.30 of an acre that is a portion of a tract that lies INITIAL ZONING on the east side of Fifth Avenue East and north of 18th Street East. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a presentation of staff report #KA-01-2, a request for initial zoning of RA-1 upon annexation. There is a single-family home in the city at 1613 Fifth Avenue East on the west portion of the parcel which is zoned City RA-1, Low Density Residential Apartment, while the east portion of the property is currently in the County zoning jurisdiction and is zoned County R-4, a Two Family Residential zoning district. The applicants are proposing City RA-1, a Low Density Residential Apartment zoning district. Wilson reviewed the evaluation of statutory criteria and recommended the initial zoning for the property be RA-1, Low Density Residential Apartment, upon annexation. Wilson stated that the proposed zoning would be consistent with other zoning in the area. An apartment development would require a conditional use permit. The single - wide mobile home would be removed and the septic system abandoned when the property was redeveloped and connected to City water and sewer. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS No one wished to speak. Kalispell City -County Planning Board Minutes of meeting of July 10, 2001 Page 1 of 8 OPPONENTS No one wished to speak and the public hearing was closed. MOTION Mann moved and Van Natta seconded to adopt staff report KA-01-2 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be RA- C, Low Density Residential Apartment, upon annexation. BOARD DISUCSSION Heinecke stated the board occasionally reviewed properties that had different zoning designations and asked if there had been any effort to have neighboring properties join in. Wilson stated that typically the City would annex if someone wanted City services. Wilson said in this case, and in others, when someone has a relatively large parcel they would annex only a portion so they were not paying taxes on the entire parcel. Then, when they were ready to develop the property, they would annex the remaining portion. Wilson said staff would not actively solicit annexation in the area unless there was a reason to do so, such as a failing septic system. Heinecke asked if any of the neighbors wanted to be included in the rezoning. Wilson said no. Mann asked if the removal of the mobile home and septic was voluntary. Wilson said it was voluntary; if the applicant left if just as it was it could stay indefinitely, but if he was planning on redeveloping the property, it would be required that the mobile home be removed and the septic abandoned when the development began. ROLL CALL The motion passed unanimously on a roll call vote. RICHARD & JUDITH A zone change request by Richard and Judith Mohrenweiser from MOHRENWEISER ZONE R-3 to RA-3 on properties located east of North Meridian Road, west CHANGE of Highway 93 and north of Under Hill Drive and which contained approximately 2.91 undeveloped acres. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a presentation on staff report KZC-01-02, a proposed zone change from R-3, Residential, to RA-3, Residential Apartment/Office, for the purpose of developing the property with apartment or other uses allowed in the district. Wilson reviewed the findings of fact and statutory evaluation criteria, thus recommending approval of the requested zone change. Wilson said the property was in the North Meridian Neighborhood Plan which designated this area as High Density Residential, which is an apartment/office district. Wilson said the district allowed residential and office -type uses. Wilson said most of the recent rezoning along Meridian Road had been done to convert existing residences to office -type uses. Wilson said in this Kalispell City -County Planning Board Minutes of meeting of July 10, 2001 Page 2 of 8 EXHIBIT A LEGAL DESCRIPTION NEIL BANGS ANNEXATION A tract of land in the SE1/4; SW1/4, Section 17, Township 28 North, Range 21 West, Flathead County Montana described as follows: Commencing at the SW corner of Block 248 Kalispell Townsite Company's Addition No. 7 to Kalispell; thence, along the southerly projection of west line of said Block 248, also being the east line of Fifth Avenue East South 13'49'00" east a distance of 897.00 feet to the point of beginning; thence continuing along the east line of Fifth Avenue South 13'49'00" east a distance of 49.50 feet; thence North 76° 11'00" east a distance of 437.29 feet to the east line of the SE1/4, SW1/4; Section 17; thence along said east line North 00°04'06" west a distance of 50.96 feet; thence South 76° 11'00" west a distance of 449.40 feet to the point of beginning. Parcel A of certificate of survey No. 4789 Subject to reservations in patent. 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 [and 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 —7CL�ki 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 Citv hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. q Petitioner/Owner ate 6✓/,/v% Petitioner/Owner Dafe Please return this petition to: Flathead Regional Development Office 723 5'n Avenue East, Room 414 Kalispell MT 59901 Note: Exhibit A (legal description) must be attached for the petition to be valid. STATE OF MONTANA ) ss County of Flathead County On this day of,'ZLc. before me, the undersigned, a Notary Public for the State of Montana, personally appeared S known to me to be the person whose name is subscribed to the foreeoinrinstrument and acknowledged to me that he/she executed the same. IN WITNES$,WbTFREOF, Ihave hereunto set my had my votary Seal the day and year in this ceii� '�/0y'first above written. I// ^?'< o A_ Notary Public. State of Montana Residing at ' My Commission expires: Z tZ Z3 OF MQ o''d ss County ofF"l9M9d 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 ) ss County of Flathead On this day of The State of Montana, personally appeared Notary Public, State of Montana Residing at My Commission expires: before me. the undersigned. allotary Public for 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 'VIy Commission expires NEIL BANGS REQUEST FOR ANNEXATION AND INITIAL ZONING TRI-CITY PLANNING OFFICE STAFF REPORT #KA-01-2 JULY 3, 2001 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for annexation and initial zoning. A hearing has been scheduled before the Kalispell City -County Planning Board for July 10, 2001 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. 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 into the city and obtain an RA-1, Low Density Residential Apartment zoning on the property. The purpose of the annexation and initial zoning request is so that the applicant can obtain City water and sewer to develop the east half of the property currently in the County. A. Petitioner and Owners: Neil Bangs 396 Eighth Ave. EN Kalispell, MT 59901 (406) 257-3252 B. Location and Legal Description of Property: The property proposed for annexation is a portion of a tract that lies on the east side of Fifth Avenue East and north of 18th Street. There is a single family home in the City at 1613 Fifth Ave East on the west portion of the parcel which is zoned City RA-1, Low Density Residential Apartment, while the east portion of the property is currently in the County zoning jurisdiction and is zoned County R-4, a Two Family Residential. The property proposed for annexation can be described as a portion of Assessor's Tract 5-3 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, C. Existing zoning: Currently this property is located in the County zoning jurisdiction and is zoned R-4, a Two Family Residential zoning district which requires a minimum lot size of 6,000 square feet for a single family dwelling and 7,500 square feet for a duplex and all other uses and a minimum lot width of 50 feet. This property is split by zoning district boundaries and by the city limits which results in the west portion of the property is in the city and the east portion of the property is in the county. D. Proposed Zoning: The applicants are proposing City RA-1, a Low Density Residential Apartment zoning district which has a minimum lot size requirement of 6,000 square feet for a single family home or duplex and an additional 3,000 square feet for each unit beyond a duplex and a minimum lot 1 width of 60 feet. All of the properties in city are zoned RA-1 and those in the county are zoned R-4 and the proposed zoning would be consistent with that which is in the area. E. Size: The area proposed for annexation and zoning contains approximately 0.30 of an acre. F. Existing Land Use: Currently this property has a single family home located on the west end of the property that fronts along Fifth Avenue East. A single wide mobile home is located on the portion of the property that is being annexed. The mobile home would be removed and that area would be developed with City water and sewer. G. Adjacent Land Uses and Zoning: The character of the immediate area is residential, primarily single family homes. Most of the properties in the area are split by city / county boundaries and zoning. North: Single family homes and undeveloped, County RA-1 zoning South: Single family homes and undeveloped, County RA-1 zoning East: Single family homes, County RA-1 zoning West: Single family homes, City RA-1 zoning H. General Land Use Character: The general land use character of the area is single family residential with some properties in the immediate area currently undeveloped. There are also some apartments and other non-residential uses in the immediate area to the south and west. I. Availability of Public Services: Public services are available in the immediate area which include water and sewer located in the right of way of Fifth Avenue East. Like all city residents this property will receive as fire, police and street maintenance. The reason for this annexation request is so that the property can connect to the City of Kalispell water and sewer and further develop the property. 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. This property is indicated on the Kalispell City County Master Plan Map as high density residential. The proposed RA-1 zoning district is in compliance with that master plan map designation, as well as the goals and policies of the 2 2. 3. M 5 R 7 EI document that encourage use of this district as a buffer between commercial located to the west and residential located to the east. Rezoning this property may result in potentially more vehicle trips per day if the property were developed with a duplex or multi -family structure than is currently associated with the single family home. No significant impact on traffic congestion will result from bringing this property into the city and assigning it an RA-1 zoning designation would result from this annexation. -\ •1m- 1.• ... • .- •.••- There would be no obvious increase in risk related to this zone designation request. Access to the site is by way of a private driveway from Fifth Avenue East, which will provide adequate access to the site in case of an emergency. Because this annexation will enable the property owners to connect to public sewer and develop the property with on full public services, the public health and welfare of the community will be served by encouraging compact development within the city core. Vita I In ITZMMMrars• . ... . .. . rCJiSSiTY� Any new development on the property will be required to comply with the development standards of the district which assures that there is adequate light and air. The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. • - ' . - • • . - . .Rebels . 1 - 1 I MiKkirsTOWS) No significant increase in the population in the area will result under the proposed zoning. Potentially several additional dwelling could be constructed under this zoning provided th they could comply with all design standards. The lot size and density re irements for the district avoid the undue concentration of people in the ea. Public service, facilities an infrastructure are currently in place to accommodate the use(s) in th 'I, area. No significant impacts to these services 3 can be anticipated as a result of this zoning proposal. The proposed zoning is consistent with the zoning in the surrounding area and the uses in the area. The proposed zoning is consistent with the master plan map designation and anticipated development. The requested zone gives appropriate consideration for the suitability of this area for the uses allowed under the RA-1 zone. The general character of the area is residential. The use proposed on the property is residential and will be consistent and compatible with other uses in the area. The requested zone gives reasonable consideration to the character of the area. Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. ME . . •.. wl�.. The most appropriate use of land throughout the jurisdiction appears to currently be residential. This is consistent with the master plan designation and promotes the stability and neighborhood character of the immediate area. It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-01-2 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning for this property should be RA-1, Low Density Residential Apartment, upon annexation. H: \... \REPORTS \KA\ O 1 \KA01-2 NW 4 Flathead Regional Development Office 723 5"' ��� ve. East Room 414 Kali spell, MT 59901 APPLI ATION Phone: (406)7 'i8-5980 Fax: (406)758-5781 JUN 112001 PETITION FOR RATION AND INITIAL ZO CIT OF KALISPELL F. R D. ©. NAME OF APPLICANT: G % S . MAIL ADDRESS: 3L (p , f 4 III CITY/STATE/ZIP: 5 Yy7 I rJ%�U / PHONE: INTEREST IN PROPERTY: Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: CITY/STATE/ZIP: PHONE: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING:, Address of the property: Legal Description: " COS, (Lot a' d Block of Subdivision: Tract #) Section, Township, Range) (i ttach metes and bounds as Exhibit A) The present zoning of the above property is: The proposed zoning of the above property is: & State the changed or changing conditions that make the proposed amendment necessary: CIA The aid as /9 '9- 1"'�e"A'/ c/ A//' A 1)7i.'„d � i /' ion L" "' nry .Sew✓ Lc� 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 F.R.D.O. staff to be present on the property for routine inspection during the annexation process. (Applicant) ( te) 1 c i EIHIBTT A A tract of land in the SE,SW;, Section 17, Township 2E Notch, Range 21 West, Flathead County, Montana described as Eo LSovs: Conoancicg at the SW corner of 'luck 246, Kalispell Iovr nice Company's Addition No. 7 to Kalispe,.; thence along the Southerly projection of the West line of said Block 246, also be'ni the last line of Fifth Avenue East South 13'49'00" East a distance of 697.00 feat to the Point of Beginning; `hence continuing along the East line of Fifzh Avenue South 73049100" East a distance of 49.50 feet; .hence North 76*11'00` East a distance of 437.'_9 four to the East line of tac SW S0 , Section 17; thence along said East line North 00`04'06" West s distance ce 50.96 feet; thence South 75o11100" West a distance of 449.40 feet to the Point of beginning. Parcel A of Certificate of Survey No. 4739. SUP.JECT TO Reservations in Patent. RETURN To: S.ArD3n. HNNT RDLR 2239 Alhomara, Norco,. CA 91760-1102 STATE 0, MO"A.v A, I s County 9f Flathe,d )j Recorded at the rp9, �p� _ this day of eW I 19�J .+t� ",Iv, k�pl and n:rordrd in ns record. of Fletl,ead Count , St [ of Moot - fee 5 12 --_Pd .✓ � Al/_U✓/�4 %tom 93237 i /bDI6 FI :,tad Coo,, y Clcrk no ya rdcr RECEPTION N0.— _� 9 � RETURN TO 1 1 ON 1 : I - -- 118 5-1 1 5-2A 5-10 m 5Z 5R 5RC BRA 5RB --j 2 4 4 ------ 3 51 --- 6 4�-- ■I 5- 6A 5-12 10 L *11) ... ..... A- VICINITY MAP NEIL BANGS REQUEST FOR ANNEXATION INTO THE CITY OF KALISPELL WITH INITIAL ZONING OF RA-1, LOW DENSITY RESIDENTIAL APARTMENT DISTRICT FROM RA-1 IN KALISPELL & R-4, TWO FAMILY RESIDENTIAL, WILLOW GLEN ZONING DISTRICT FILE# KA-01-2 SCALE 1" = 200' PLOT DATE:6/20/01 m-\gm\wte\1moli:""wg WARRANTY DEED For Value Received PETER D. BAR''FEL%ESS as TWUA BA.RTHELMESS AND T. A. BAR7HE1.-=S, a] so known the grantors do narchv gram.. bartain, r!1 and convey unto SAI�ET—k LYNN'E RCDR of 2339 A]uambra, Norco, CA 91760-1103 the grantco , and to the hurts a signs fnrerur. the FLATHEAD Coin _" Mantona, :u wic fallowing described przrt i m, !I. SEE EXHL3IT "A" ATTACHED HERETO AND MADE A PART H RFOF c O TO HAVE AND '-011GIA) the xt'd pu r' nos. wl.h thur upput-umna unta the: t d Grnrwcs, fnnrver. And the satd Granlar s do h,rd , t .. -,h the 'wd Cja,tee, , that the ,, the ."Fel 'rL he sirnpl I s. id pl'ePeec , th.'t.a d pr t ., an fro, Iruem all inalmbra•-es and that the y w0! -arrant and dtfvn� th —11nIron' Al la"U tlal's whatsae.er. Daley August '- 1993. / PETER D. BARTHELMESS T. A. BARTHELMESS, aka TidIIA BARTHELME Have the Title Insured By Cir ^_n's TStic & Escrow Co., Inn. of Kalispell STA''E or IICNTA.SACOt N7Y0-1 u4 � or the '�yd I AJG09'k 93 57ATkOl MOTA\A.r.]L ITl OF I h — eat t., a -.tti ent ... r' td Pa, ,gym n'Sl blare n n wtmq P.ble end rm..d stme P— 11, reauen of Z ',,f1rnd PETER D. BART'HELMESS AND T. A. BARTFE'LMESS u ....a_. Irck m.. mm. d., nr le a my oM oe and dm � nd of Deed. at peke known to me w be tl.e moon B .,_ n.me s are .ubaalbA b the .shin imtrvmen and .ckno.lydnel to me NV'#.'c -t-"y�"•q / /t e.avud the mm<. i£ maernnler \ By Pvbhl I IhPot. / .v. I i i I NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Kalispell Zone Change Request R-3 to RA-3 - Underhill Street Annexation and Initial Zoning of RA-1 - Fifth Ave East The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, July 10, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A zone change request by Richard and Judith Mohrenweiser from R-3, Residential, a single family residential district, to RA-3, Residential Apartment / Office, a high density residential and office district intended as a mixed used district. The properties are in the city of Kalispell and are located east of North Meridian Road, west of Highway 93 and north of Underhill Street. The properties contain approximately 2.91 acres and are currently undeveloped. They can be described as Assessor's Tracts 6B and 613SAAA in Government Lot 1, Section 7, Township 28 North, Range 21 West, P.M.M. 2. A request by Neil Bangs for annexation into the city of Kalispell and an initial zoning designation of RA-1, a Low Density Residential Apartment district, on approximately 0.30 of an acre. The property proposed for annexation is a portion of a tract that lies on the east side of Fifth Avenue East and north of 18th Street. There is a single family home in the City at 1613 Fifth Ave East on the west portion of the parcel which is zoned City RA-1, Low Density Residential Apartment, while the east portion of the property is currently in the County zoning jurisdiction and is zoned County R-4, a Two Family Residential. The purpose of the annexation and initial zoning request is so that the applicant can obtain City water and sewer to develop the east half of the property currently in the County. The property proposed for annexation can be described as a portion of Assessor's Tract 5-3 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. N, 4. /f Thomas R. Jentz Planning Director Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@,centurvtel.net July 19, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning - Neil Bangs Dear Chris: The Kalispell City -County Planning Board met on July 10, 2001, and held a public hearing to consider a request by Neil Bangs for initial zoning upon annexation or property located on the east side of Fifth Avenue East and north of 1811, Street East in the southeast part of Kalispell. The applicants are proposing City RA-1, a Low Density Residential Apartment zoning district. The property is currently zoned County R-4, a Two Family Residential zoning district. Half of the parcel is currently inside the city limits and is occupied by a single-family residence. There is a single wide mobile home in the area proposed to be annexed which will be removed and the property developed with city water and sewer. Narda Wilson, of the Flathead Regional Development Office, presented staff report KA- 01-2, evaluating the proposed zoning. Staff recommended initial zoning of City RA-1, Low Density Residential Apartment. At the public hearing no one spoke in favor of or opposition to the proposal. After the public hearing the board discussed the proposal and a motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be RA-1, Low Density Residential Apartment. The legal description of the property to be annexed is attached as Exhibit A. Please schedule this matter for the August 6, 2001 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely Kalispell City -County Planning Board C� /dent evens Pres Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Neil Bangs - Annexation and Initial Zoning July 19, 2001 Page 2 GS/NW/ Attachments: Petition to annex (original) Exhibit A - legal description Staff report KA-01-2 and application materials Draft minutes 7/ 10/01 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Neil Bangs, 396 Eighth Ave EN, Kalispell, MT 59901 H:\FRDO\TRANSMIT\KALISPEL\2001 \KA01-2DOC KALISPELL CITY -COUNTY PLANNING BOARD D MINUTES OF MEETING AF J■L JULY 10, 2001 i CALL TO ORDER AND ROLL CALL Chairman Greg Stevens called the meeting to order at 7:00 PM. Members present were: Don Garberg, Dale Pierce, Ron Van Natta, Rob Heinecke, Bill Rice, Greg Stevens; and Don Mann. Don Hines and Brian Sipe had excused absences. Narda Wilson represented the Tri-City Planning Office. There were eight people in the audience. APPROVAL OF MINUTES OF JUNE 12, 2001 There was a motion by Van Natta and second by Rice to approve the minutes of the meeting of June 12, 2001. Garberg stated he had a question regarding why there were different opinions from the fire department on the height restrictions in different zones and said it didn't appear in the minutes and would like it to be on record. Stevens asked if they should address it under old business. Rice said that on page seven of the minutes Stevens had stated "there was no logic or hard fast rule and suggested that the Board review height restrictions." An insert could be placed there. All members present voted aye to approve the minutes as amended. NEIL BANGS ANNEXATION AND A request for initial zoning of RA-1 upon annexation by Neil Bangs INITIAL ZONING on approximately 0.30 of an acre that is a portion of a tract that lies on the east side of Fifth Avenue East and north of 18th Street East. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a presentation of staff report #KA-01-2, a request for initial zoning of RA-1 upon annexation. There is a single-family home in the city at 1613 Fifth Avenue East on the west portion of the parcel which is zoned City RA-1, Low Density Residential Apartment, while the east portion of the property is currently in the County zoning jurisdiction and is zoned County R-4, a Two Family Residential zoning district. The applicants are proposing City RA-1, a Low Density Residential Apartment zoning district. Wilson reviewed the evaluation of statutory criteria and recommended the initial zoning for the property be RA-1, Low Density Residential Apartment, upon annexation. Wilson stated that the proposed zoning would be consistent with other zoning in the area. An apartment development would require a conditional use permit. The single - wide mobile home would be removed and the septic system abandoned when the property was redeveloped and connected to City water and sewer. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS No one wished to speak. Kalispell City -County Planning Board Minutes of meeting of July 10, 2001 Page 1 of 8 DRAFT OPPONENTS No one wished to speak and the public hearing was closed. MOTION Mann moved and Van Natta seconded to adopt staff report KA-01-2 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be RA- 1, Low Density Residential Apartment, upon annexation. BOARD DISUCSSION Heinecke stated the board occasionally reviewed properties that had different zoning designations and asked if there had been any effort to have neighboring properties join in. Wilson stated that typically the City would annex if someone wanted City services. Wilson said in this case, and in others, when someone has a relatively large parcel they would annex only a portion so they were not paying taxes on the entire parcel. Then, when they were ready to develop the property, they would annex the remaining portion. Wilson said staff would not actively solicit annexation in the area unless there was a reason to do so, such as a failing septic system. Heinecke asked if any of the neighbors wanted to be included in the rezoning. Wilson said no. Mann asked if the removal of the mobile home and septic was voluntary. Wilson said it was voluntary; if the applicant left if just as it was it could stay indefinitely, but if he was planning on redeveloping the property, it would be required that the mobile home be removed and the septic abandoned when the development began. ROLL CALL The motion passed unanimously on a roll call vote. RICHARD & JUDITH A zone change request by Richard and Judith Mohrenweiser from MOHRENWEISER ZONE R-3 to RA-3 on properties located east of North Meridian Road, west CHANGE of Highway 93 and north of Under Hill Drive and which contained approximately 2.91 undeveloped acres. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a presentation on staff report KZC-01-02, a proposed zone change from R-3, Residential, to RA-3, Residential Apartment/Office, for the purpose of developing the property with apartment or other uses allowed in the district. Wilson reviewed the findings of fact and statutory evaluation criteria, thus recommending approval of the requested zone change. Wilson said the property was in the North Meridian Neighborhood Plan which designated this area as High Density Residential, which is an apartment/office district. Wilson said the district allowed residential and office -type uses. Wilson said most of the recent rezoning along Meridian Road had been done to convert existing residences to office -type uses. Wilson said in this Kalispell City -County Planning Board Minutes of meeting of July 10, 2001 Page 2 of 8