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Staff Report/Annexation & ZoningCity of Kalispell �Planning partment 17 - 2 Stred Fast, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: l-alispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner .Tames H. Patrick, City Manager SUBJECT Lee & Linda Hershberger - Annexation and Initial Zoning of R-2, Suburban Residential - Hwy 2 West and Hathaway Lane MEETING DATE: October 2, 2006 BACKGROUND: This is a request for an initial zoning designation of R-2, Suburban Residential, upon annexation to the City of Kalispell. The property contains approximately 8.7 acres and is located north of Hwy 2 West on the east side of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. It is currently in the County zoning jurisdiction and is zoned R-1, Suburban Residential, and is undeveloped. It is intended to be developed as a residential subdivision containing 20 lots consisting of 16 single family residences and two two -unit townhouses. The Kalispell City Planning Board met on August 8, 2006 and held a public hearing to consider the request for annexation and an initial zoning designation of R-2, Single Family Residential. The Kalispell City Planning Board had previously forwarded a recommendation of R-2 zoning for this property at their meeting of September 13, 2005. The City Council heard the annexation and initial zoning request in conjunction with a 21 lot subdivision at their October 3, 2005 meeting. At that meeting the City Council denied the subdivision request and, therefore, the annexation and initial zoning request was never acted on. Sean Conrad of the Kalispell Planning Department, presented staff report #KA-06-7 and evaluated the proposal.. He noted the proposed subdivision plans for the property attempted to address the planning board and neighborhood concerns and that staff is recommending approval of the proposed R-2 zoning. The board discussed the density allowed under the R-2 zoning. Several board members expressed concerns regarding the traffic safety at the intersection of US 2 West and Hathaway Lane. A motion was made to recommend approval of the proposed R-2 zoning upon annexation to the city which was denied on a 3 to 3 vote. Hershberger - Annexation and initial Zoning of R-2 September 22, 2006 Page 2 RECONW[ENDATION: A motion to adopt the resolution for annexation and approve the first reading of the ordinance for initial zoning of R-2 would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully su itted, Sean Conrad James H. Patrick Senior Planner City Manager Report compiled: September 22, 2006 Attachments: c: Theresa White, Kalispell City Clerk Return to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5152 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 ASSESSORS TRACTS 6AAK, 6DI AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HERSHBERGER ADDITION NO. 383; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, on April 29, 2005, the City of Kalispell received a petition from Lee and Linda Hershberger, the owners of property located north of Highway 2 West, on the east side of Hathaway Lane, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, on June 14, 2005, the Kalispell City Planning Board and Zoning Commission held a public hearing on the matter, and continued the public hearing in order for the developers to address concerns raised by the Board and the public, and WHEREAS, the Kalispell Planning Department trade a report on the Hershberger's revised Annexation Request, #KA-05-8A (Amended), dated September 7, 2005, and WHEREAS, on September 13, 2005, the Kalispell City Planning Board and Zoning Commission held a public hearing and recommended that the territory be zoned City R-2, Suburban Residential on approximately 8.69 acres upon annexation into the City of Kalispell, and WHEREAS, on October 3, 2005, the Kalispell City Council denied the annexation request due to concerns including a lack of a second access out of the development, unresolved traffic issues at the intersection of Hathaway Lane and US 2 West, a cul-de-sac which exceeded the City's 600 foot maximum, and neighborhood compatibility issues, and WHEREAS, since that time, the applicants have made revisions to the subdivision, resolved the traffic issues to MDT's satisfaction, applied for a variance for the cul-de-sac, attempted to resolve the neighbor's concerns, and on July 27, 2006, resubmitted the subdivision for annexation, and WHEREAS, the Kalispell Planning Department has made a report on the Hershberger's most recent Annexation Request, #KA-06-7, dated July 25, 2006, and WHEREAS, on August 8, 2006, the Kalispell City Planning Board. and Zoning Commission held a public hearing and denied a recommendation that the territory be zoned City R-2, Suburban Residential on approximately 8.69 acres upon annexation into the City of Kalispell, due to a vote of two in favor and two opposed, and. WHEREAS, the City Council has considered all evidence provided by the proceedings of the Kalispell City Planning Board, including all testimony and written comments of the public, and hereby adopts the Kalispell Planning Department Report #KA-06-7 as its findings of fact and determines that it is in the best interests of the City 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 Hershberger Addition No. 383. 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 OCTOBER, 2006. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk KA 06-7 Hershberger Annexation Cost of Services Analysis (Residential) Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Note that water and sewer are available to the northeast in the Greenbriar subdivision and will be extended to the property at the time the applicant develops his proposed 20 lot subdivision. called Autumn Creek. Number of Dwelling Units pIoRosed to be annexed 16 single family houses 4 townhouses Estimated Increase in Population: (based on US Census Figure of 2.2 per household) Cost of Services Per ca ita costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department Administration: $39.48. Additional cost to administration 44 x 68.84 = $ 3,029 44 x 110.00 = $ 4,840 44 x 39.48 = $ 1,737 • Solid Waste: Additional cost to solid waste (none for five years) = $ 0 Lineal Feet Costs: (Approximately 1,475 lineal feet of water and sewer mains and 950 feet of new roads) • Roads: $1.14 per lineal foot Additional cost in road maintenance • Water: $3.44 per lineal foot Additional cost in water line maintenance • Sewer: $5.50 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Average Square foot per lot - 10,150 square feet This is capped at 1/2 ac. 950 x 1.14 = $ 1,083 1,475 x 3.44 = $ 5,074 1,475 x 5.50 = $ 8,112 1 No. of units x square foot x 0.004018 20 x 10,150 x $0.004018 = $ 815 Total. Anticivated Cost of Services: $24,690 Anticipated Revenue Generated Assessments based on square footage: Average square foot per lot: 10,150 square feet • Storm sewer assessment $0.004018 per square foot Revenue from storm sewer assessments 20 x 10,150 x $0.004018 = $815 • Street maintenance assessment $0.0101 per square foot Revenue from street maintenance assessments 20 x 10,150 x $0.0101 - $2,050 • Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 20 x 10,150 x $0.00135 = $274 Special Assessments: There are no special assessments. General revenue: • Assessed value per property: $ 250,000/house Total assessed value: 20 x 250,000 = $ 5,000,000 Total taxable: 5,000,000 x 0.03543 = $ 177,150 Total additional general revenue based on 170 mill levy: $177,150 x 0.170 Total Revenue Generated to the City NET ADDITIONAL ANNUAL REVENUE TO THE CITY: $ 0 $ 30,115 $ 33,254 8m.564 NOTE: This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. Z:\FRDO\TRANSMITALS\2006\KA06-7AUTUMN CREEK CSTOFSVCS.DOC 1 PlanningCity of Kalispell 17 - 2nd Street Bast, Suite 211, Kalispell, .Montana 59901 Telephone: (406) 75.1-1. 850 Fax: (406) 751-1858 Website: kalispellplan ing.com August 22, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Lee and Linda Hershberger - Annexation and Initial Zoning of R-2 Hathaway Lane and Hwy 2 West Dear Jinn: The Kalispell City Planning Board met on August 8, 2006 and held a public hearing to consider a request for annexation and an initial zoning designation of R-2, Single Family Residential, on approximately 8.7 acres. The property is located north of US Hwy 2 West, on the east side of Hathaway Lane. The propertycan be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell City Planning Board had previously forwarded a recommendation of R-2 zoning for this property at their meeting of September 13, 2005. The City Council heard the annexation and initial zoning request in conjunction with a 21 lot subdivision at their October 3, 2005 meeting. At that meeting the City Council denied the subdivision request and, therefore, the annexation and initial zoning request was never acted on. Sean Conrad of the Kalispell Planning Department, presented staff report #KA-06--7 and evaluated the proposal. He noted the proposed subdivision plans for the property attempted to address the planning board and neighborhood concerns and that staff is recommending approval of the proposed R-2 zoning. The board discussed the density allowed under the R-2 zoning. Several board members expressed concerns regarding the traffic safety at the intersection. of US 2 West and Hathaway Lane. A motion was made to recommend approval of the proposed R-2 zoning upon annexation to the city which was denied on a 3 to 3 vote. Please schedule this matter for the September 5, 2006 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Hershberger Annexation and Initial Zoning August 22, 2006 Page 2 Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A - Petition to Annex Staff report #KA-06-7 and application materials Draft minutes from the 8/8/06 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lee & Linda Hershberger, 24212 SE 384th St, Enumclaw, WA 98022 Thomas, Dean & Hoskins, Attn: Mike Fraser, 31 Three Mile Drive, Kalispell, MT 59901 City of Kallsple-.i..]. planning Departillent dpD ECEOVED -J1 U 0 3 210 .9 6 -d S I K... PELL PLANNING DEPARTMENT 8 S NAME OF APPLICANT: MAIL ADDRESS: PHONE: INTEREST IN PROPERTY: Other Parties of Interest to be Notified- PARUES OF INTEREST: & Mile MAIL ADDRESS: CITY/STATE/ZIP: PHONE: INTEREST' IN PROPERTY: ............. Address of the property.- . .......... Legal Description: 'T 6AAK, 61 6A11,,�; bl-3,ao . . . .............. . . . . .......... -=� (Lot and Block of Subdivision; Tract Cx M (Section, Township, Range) (Attach metes and bounds as Exhibit -A) Land in project (ac.) 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: x e em� The signing of this application signifies that the foregoing information is true and accurate based upon the best information avaflab)e and further grants approval for Kalispell Planning staff to be present the pr s o n .property for roptine inspection during the annexation process. (Applicant) (Date) Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, mT 599o') PETITIONTO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE Dls'rRICT 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 —SVITH VI-&Y Rural Fire Diurict 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 evert 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 ovvners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city froln providing solid waste services to this properl'y for a minimum of 55 years from date of annexation. Peti e Date 6ti 'oner!Owner Dace NOTE: You must attach anExhibit A that provides a bona fide legal description the roperty to bebeeiewed andRoomIi '% V na'6-" ,Y'J AS! L I STATE OF M& ff- Alt-*- k vq� 1 ss Count), of On this Lday of 1�� before me. the undersigned. a Notary r Public for L_ the State of Montana, personally appeared Au L known to me to be the person whose name is subscribed to the foregoing instrumi6t and acknowledged to the that he/she executed the same. IN WITNESS WHEREOF, .I liave IM4uig? set my hand and affixed my Notary Sea] the day, and 1 .4 ..' ! year in this certificate frsL '.q 'r 0 --,ibC]p z Any Veotary Public- State of M.Aftana VV A�k kv-L%-C�' siding at Pk.,A' 0 N1 Commission expires- I-Qft-o'y STATE OF. V County - of J, On this '-�VL da-v, of , IC6, before me. the undersigned, a Notary Public for the State `of -Montan-a, personally appe known to me to be the person whose name is subscribed to the foregoing instrument'd acknowledged to me that he/she executed the same. IN WITNESS WHEREqF-a70fke(DfdVtP set my hand and affixed my Notary Seal the day and year in this certificatet ea Z A-S y i�� Niotarnv Pulslic, State ,of 01 :0 Residing at eu-'k-'Ck Puli300 -'o' wCommissionexpircs:- STATE OF MONTANNAVI' F 0, - County of Flathead On this day of b, efore me. the undersigned, a Notary Public far 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. Notaty Public.. State of Montana Residing at My Commission expires EXHIBIT A Legd.Descripdaus Port I All that"Aim of the Southftst QhMeler, SeCdOM 12, 'Township 28: North, Ruge 22 West, ?ELM, Flxboad Cmty, Monkna, mom paMcWarly dawikd 2,V Mlows: Commmoing 2tj polax on thenozA live of Old 1U.S.,Mgbw3yWa Z crossing the southerly pordon ofsaid suhaivision, midpoint Win Noah 89145`E=4 along the with section fine, a diswce of 114SX6 fectaud Nooh 000139P W"k a &SbWe OFAOD &,51 IrDVI the santhwcst emner oftka above said .5caidu 1Z Tommship 26 North, RaMc2Z W,_-A saidpomt being the smhwcst comer of dW c=tala tma oflanddes cribed in decd to saamej s. $)a-ds and L--oj= L Da %.is, reowded fune 7, 1,065 liter Rcecudges Fee INIv. 47V inDook 473, kag, e .563, repoms of Fb&ead Comy. Afonuma, the iYorth 001'13135" WestaJong the west bowidary of said DaWs jr=4 630.84 tbet to the zwrOwest Go=r tbarcOZI said poin t bring the Point of0Ogkwj5jg of the pmr] boiag d=rjba4- tb=e along W niorth boaGdvy Of Daids TWA Noah 89*4625" Last 11536 feet to d3c nDr6ml corwr thereat thence dons the cast houndwy ofsaid tract South 006.13'35" East 234.80 feet to the noribwest com tM Unty ftok3ff, Page 3.1.1 dCa Monfara; ter Along. ft, rw&rd.%ofTb*=dCary. Man1anA Mah WOMObast 234,95 fed to &hr, wasthaa of (hatparceld=hod in Book 484, -Page 207, rem-ds of Flatbead County,.Montana.; thence alang the west lint ofspid parcel. =,e along thcnortb hae ofsaldtrac4 and North 8903845"F=327:85 feet to the east line of tha West RaLrof !be Soadioaw Quarwrof the Southwest rew. thence 5buth 89"45'09" West 500.66 feer to a, int wAicb -is on the aorMaly exteasion of dw west &e of chargil dwscdbed Mi. Book 484 Page 207, records of Flathead Cbuni�r, Mbn=a; 6=0 South 001,14,521, East Cotmry..,Nfbawa;:fh&nce along tho zorM line ofszidparcot Saw 89054'41 " West 350,01fioct to the &agftly boaudar Drive, y ofRadjawAy Dtiv a 60 Foa wide ikedod wlinty r=.� descn1jedin Book 445, Page 341, rt ",rds of .RMthead Cojwfy, Mt dwnce along said cast erlyboandaryntsald Hathrwa Dnve. South 00"13'35"Ewt ial. 62;rcet to the point otbeginning, coWng 8. 694 acres afland All as she".on the artached Comeat of. rrivy, wWch is hemwith invarpmatcd is aD4 made a p'NT Oftws ksal da4tion- LEE & LINDA HERSHBERGER - AUTUMN CREEK SUBDIVISION REQUEST FOR INITIAL ZONING OF R-2 UPON ANNEXATION KALISPELL PLANNING DEPARTMENT STAFF REPORT #KA-06-7 JULY 25, 2006 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for an initial zoning designation of R-2 upon annexation to the City of Kalispell on approximately 8.7 acres. A public hearing has been scheduled before the planning board for August 8, 2006 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 property owners have petitioned annexation and initial zoning classification of R-2, Suburban Residential. The property is in the County zoning jurisdiction and is zoned R-1, Suburban Residential. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. A preliminary plat, Autumn Creek Subdivision, creating 20 lots on approximately 8.7 acres has been filed concurrently with the petition to annex. A. Petitioner and Owners: Lee 8v Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 Technical Assistance: Thomas Dean & Hoskins. 31 Three Mile Drive, Ste 101 Kalispell, MT 59901 (406) 751-5246 B. Location and Legal Description of Property: The property proposed for annexation lies north of US Hwy 2 West, on the east side of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 Lest, 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, a zoning designation that has a one acre minimum lot size requirement and is typically in areas that are not served by public water and sewer. This is part of the West Side Zoning District. D. Proposed Zoning: The zoning designation being proposed for this property is City R-2, Suburban Residential. The R-2 zoning district is intended primarily for detached single-family dwellings. It has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. Setbacks are 20 feet in the front and ten feet on the sides and rear. This zoning reflects the lots that are being proposed in the subdivision with regard to lot size and the single family homes intended for development. E. Size: The property proposed for annexation and initial zoning contains approximately 8.7 acres. F. Existing Land Use: Currently this property is vacant land historically utilized for agricultural purposes. G. Adjacent Land Uses and Zoning: The immediate area is characterized as a rural suburban residential neighborhood. Surrounding zoning is R-1 and the parcel sizes vary from less than one acre to over five acres with the average parcel size in the area being around one acre. All of the surrounding land uses are single family residential. H. General Land Use Character: The area can be described as an area on the urban fringes of Kalispell to the east. To the west the area is rural residential. No new subdivisions in the immediate area have been developed to the urban density which is being proposed with the subdivision filed concurrently with this annexation. I. Availability of Public Services and Extension of Services: Public services, including City water and sewer can be provided to this site via an easement to the northeast from Greenbriar Subdivision. Water and sewer services as well as fire, police and emergency services can be provided by the City of Kalispell. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change 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 Upwth olic ? The property is designated by the Kalispell Growth Policy 2020 as "Urban Residential" ixhich is defined as anticipating between three and twelve dwellings per acre. The property owner is proposing to create 20 lots with 16 lots intended for single family dwellings and 4 townhouse lots on approximately 8.7 acres. This would create a density.of 2.3 units per acre. Because of the plans for the provision of public water and sewer to the site, this density can be adequately served. The proposed zoning complies with the type of development anticipated under the growth policy. 2. is the requested zone designed to lessen congestion in the streets? It can be anticipated that the proposed development of the property that will be associated with the zoning will increase traffic impacts in the area due to the relatively low density of the area currently. Traffic impacts to the area can be accommodated with the existing roadway systems at hand and the new internal roads that will be developed as part of this subdivision. The proposed zoning carries with it the checks and balances, including the need for subdivision review, which will insure that traffic flows and access are appropriately addressed. The potential densities afforded by this zone will not overtax the existing road system. 3. Will the re nested zone secure safe from fire anic and other dangers? At the time this property is developed, the property owners will be required to ensure that there is adequate infrastructure in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection., water and sewer service is available to the property and will be utilized at the time another lot is created in the future. 4. Will the requested zone romote the health and general welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides 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 and since public water and sewer are available to the area the urban land use designation is appropriate. The anticipated density falls within the proposed zoning designations. All public services and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely to occur. 7. Will the requested zone avoid undue concentration of people? An increase in the number and concentration of people in the area will likely result after this land has been converted from suburban density home sites to a more intensive residential use. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of facilities would provide the structure needed to insure that there will not be an overcrowding of the land or 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 further developed. S. Will the re uested zone facilitate the ade uate rovision of transportation, water, sewerage, schools arks and other ublic re uirements? Public service, facilities and infrastructure would be made available to the developer. The developer would need to extend the needed City services that are not currently extended to the property at the developers' expense and in accordance with the City's policies and standards. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with City policies and standards at the developers' expense thereby insuring that there is adequate provision of services to the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the City. All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone gLve consideration to the particular suitability of the property for particular uses? The proposed zoning furthers the long range development plans as reflected in the. Kalispell Growth Policy for this area and provides opportunities for housing in a development that is compatible with surrounding land uses with the extension and provision, of public services within reasonable proximity to the City core. The proposed zoning will provide the basis for the future land uses on this property, in accordance with the Kalispell Growth Policy. This zoning gives adequate consideration to the suitability of this property for the proposed use and concurrent subdivision. proposal. The proposed zoning is consistent with the anticipated 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 distract? The general character of the area is transitional between the urban and rural fringes of the City limits. The proposed zoning allows this development to address needs within the community for housing and support services on public services and in reasonable proximity to the City core. Availability of public water and sewer to the area indicate that this type of development will continue to occur on the urban fringes of the community to be developed with similar types of uses as is proposed with this property, i.e. urban residential rather than rural. It appears that the proposed rezoning gives reasonable consideration to the character of the district. 11. Will the proposed zone conserve the value of buildings There are similar subdivisions planned or underway in the immediate area. The development anticipated under the proposed zoning is similar in nature to those in the areas to the north, south, east and west because of the availability of public services and utilities. City standards will ensure that there is high quality 4 development that will ensure the value of buildings and homes is protected, maintained and conserved. Value of the buildings in the area will be conserved because the 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 throughout the munici ali ? Urban development is encouraged in areas were services and facilities are available such as the subdivision being proposed on this parcel. The proposed zoning is consistent with the growth policy plan and surrounding zoning in the area. • 711 r O s Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report #KA--06-7 and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-2 as proposed. £ f � j 6CDBA i ( °f I cwo 6ED 6 E E R-1 I \ i '` cRA 16CB" \ 6EF '- 2CK i [ \ f 6CA b.€ c F i � w 1 i 6D A \ 6KC SADDJ I ;•:: [; ..:.:. ........:: •::•:.:. •:..-..................:..........; ........ \ z \ 3 T-1 i 6 DHBC 6KA \ 2 ................ 6AA 2 F' 6DH 6B :A .:,::_6AA i - _``- 6DHBB 6AAM a - B_ 6DHBA [ HIAI C ff -2 - T 6DF� lam! 6J i 6H �xw I < 6AAr 6AA 6 F f 6� l� f F - COUNTY � - u I �, diNTIY . r R-13DB i j_� 16D \ i 13 13C C) 13Dco `----7 VICINITY MAP SCALE 1" = 350' LEE & LINDA HERSHBERGER REQUEST FOR ANNEXATION & INITIAL ZONING OF R-2 (SUBURBAN RESIDENTIAL) FROM COUNTY R--1 (SUBURBAN RESIDENTIAL) - FILED CONCURRENTLY WITH A PRELIMINARY PLAT AND A CONDITIONAL USE PERMIT PLOT DATE 7/5/06 FIL E # : A — 0 0 — 0 "7 H:\ems\site\kaa6_7.dwg City of Kalispell Planning Department 17 - 2°d Street East, Suite 21.1, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.corn MEMORANDUM TO: Kalispell City Staff Other Interested Parties FROM: Sean. Conrad, Senior Planner RE: July 13th Site Review Committee meeting DATE: July 8, 2006 The Planning Department has received the following applications for the August 8th Planning Board meeting: 1. A request from. Gary Priest for annexation, initial zoning, planned unit development (PUD) and preliminary plat approval on a 4.47 acre property. The owner is requesting annexation into the City of Kalispell with the R-2 (Single Family Residential) zoning district. The requested PUD zoning district would allover reduced lot sizes in the R-2 zoning district and reduced side yard setbacks, from 10 feet to 5 feet. The owner is also requesting a preliminary plat to create 22 lots ranging in size from 5,660 square feet to 8,029 square feet. The property is currently zoned County R-1 and is located on the south side of Greenridge Drive at the southeast corner of the intersection of Greenridge Drive and Willow Glen Road. There is an existing house on the property addressed as 736 Greenridge Drive. The property can be legally described as a portion of Tract 3, Kalispell School Addition, Block 1, located in Section 16, Township 28 North, Range 21 West. 2. A request from Medical Arts Pharmacy of Kalispell, LTD, to resubdivide two existing lots within Westview Business Center into three lots. The proposed lots would range in size from 21,900 square feet to 31,800 square feet. The two existing lots are zoned B-2, General Business, and are located on the north side of Westview Park Place. The two lots proposed to be further subdivided can be legally described as lots 2 and 3 of Westview Business Center, located in portions of the SW 1/4 of the SW 1/4 of Section 6, Township 28 North, Range 21 West. 3. A request from Apex 1, LLC, for annexation, initial zoning, planned unit development (PUD) and preliminary plat approval on a 10.75 acre property. The owner is requesting annexation into the City of Kalispell with the R-2 (Single Family Residential) zoning district. The owner is also requesting a PUD zoning district on the property to allow reduced lot sizes in the R-2 zoning district and a preliminary plat to create 44 lots ranging in size from 2,900 net square feet to 4,600 net square feet. The property is currently zoned County AG--80 and is located on the north side of Three Mile Drive approximately 1,000 feet crest of the intersection. of Meadows Lane and Three Mile Drive. There is an existing house on the property addressed as 575 Three Mile Drive. The property can be legally described as Tract I of Certificate of Survey 9981, located in the SW 1/4 and SE 1/4 of Section 27, Township 28 North, Range 22 West. 4. A request from Lee and Linda Hershberger for annexation, initial zoning, preliminary plat and conditional use permit approval on an 8.69 acre property. The owners are requesting annexation into the City of Kalispell with the R-2 (Single Family Residential) zoning district. The owners are also requesting preliminary plat approval to create 21 lots (17 single family lots and 4 townhouse lots) ranging in size from 5,660 square feet to 13,900 square feet and a conditional use permit to allow the 4 townhouse lots within the requested R-2 zoning district. The property is currently zoned County R-1 and is located on the east side of Hathaway Lane approximately 700 feet north, of the intersection of US Hwy 2 West and Hathaway Lane. The property can be legally described as Assessors Tracts 6AAK, 6DI and. 6AB, located in the SW 1/4 of Section. 12, Township 28 North, Range 22 West. 5. A request from The Meadows, Inc. for annexation, initial zoning and planned unit development (PUD) on a 14.65 acre property. The owner is requesting annexation into the City of Kalispell with the R-4 (Two Family Residential) zoning district. The owner is also requesting a PUD zoning district on the property to allow 138 condominium units with approximately 6.7 acres of open space, a 4,000 square foot clubhouse and 3/4 of a mile of sidewalks and trails within the open space. The property is currently zoned County SAG-10 and is located on the south side of Four Mile Drive approximately 400 feet west of the intersection of North Haven Drive and Four Mile Drive. The property address is 430 and 450 Four Mile Drive and can be legally described as Assessors 'Tract 4, located in Section 1, Township 28 North, Range 22 West. Due to the number of subdivisions received this month I would like to discuss at least the first two subdivisions listed above at the July 13th site review meeting. If you need additional information regarding the above proposal please call me. Any comments on the above projects should be in to the Planning Department by July 26, 2006. The Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the Building Department located at 248 - 3rd Avenue, East in Kalispell. Thank you for taking the time to review and comment. c: w/attachments: Brent Christopherson, Fire Dept. Mike Baker, Parks and Rec James Patrick, City Manager P.J. Sorensen, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jim Hansz, Public Works Director Mark Crowley, Construction Manager Sandv Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney MDOT--Attn: Steve Herzog Kalispell School District #S Northwestern. Engery Flathead Electric Co-op Flathead County Road Department U.S. Postal Service -Attn: Susie Carter Flathead County GIS - Pete Wessel MDT Land Planning - Helena c: w/o attachments: Applicants CERTIFICATION APPLICANT: Lee & Linda Hershberger/Autumn Creek FILE NO: KA-06-07, KCU-06-07, KPP-06-10 I, the undersigned certify that I did this date mail via CERTIFIED Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property that is requesting annexation, preliminary plat and a conditional use permit. Date: 7/f 7 G'11 S-T-R: 12-28-22 Lot/Tracts# 6AAK, 6DI, 6AB Property Owner/Mail Address: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 Thomas, Dean & Hoskins Attn: Bill Boger 31 Three Mile Drive, Ste 101 Kalispell, MT 59901 AND ATTACHED LIST City of Kalispell Planning Department 17 - 2ad Street Fast, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanninc.coni You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION AUGUST 8, 2006 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, August 8, 2006 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recorr mendation to the Kalispell City Council who will take final action. 1. A request from Apex 1, LLC, for annexation., initial zoning, planned unit development (PUD) and preliminary plat approval of Cottage Gardens on a 10.75 acre property. The owner is requesting annexation into the City of Kalispell with the R-2 (Single Family Residential) zoning district. The owner is also requesting a PUD zoning district on the property to allow reduced lot sizes in the R-2 zoning district and a preliminary plat to create 44 lots ranging in size from. 2,900 net square feet to 4,600 net square feet. The property is currently zoned County AG-80 and is located on the north side of Three Mile Drive approximately 1,000 feet west of the intersection of Meadows Lane and Three Mile Drive. There is an existing house on the property addressed as 575 Three Mile Drive. The property can be legally described as Tract 1 of Certificate of Survey 9981, located in the SW 1A and SE 1/4 of Sectionn. 27, Township 28 North, Range 22 West. 2. A request from Medical Arts Pharmacy of Kalispell, LTD, to resubdivide two existing lots within Westview Business Center into three lots. The proposed lots would range in size from. 21,900 square feet to 31,800 square feet. The two existing lots are zoned B-2, General Business, and are located on the north side of Westview Park Place. The two lots proposed to be further subdivided can be legally described as lots 2 and 3 of Westview Business Center, located in portions of the SW 1/4 of the SW 1/4 of Section 6, Township 28 North, Range 21 West. 3. A request from Lee and Linda Hershberger for annexation, initial zoning, preliminary plat and conditional use permit approval of Autumn Creek on an 8.69 acre property. The owners are requesting annexation into the City of Kalispell with the R-2 (Single Family Residential) zoning district. The owners are also requesting preliminary plat approval to create 21 lots (17 single family lots and 4 townhouse lots) ranging in size from 5,660 square feet to 13,900 square feet and a conditional use permit to allow the 4 townhouse lots within the requested R-2 zoning district. The property is currently zoned County R-1 and is located on the east side of Hathaway bane approximately 700 feet north of the intersection of US Hwy 2 West and Hathaway Lane. The property can be legally described as Assessors Tracts 6AAK, 6Dl and 6AB, located in the SW 1/4 of Section 12, Township 28 North, Range 22 West. 4. A request from The Meadows, Inc. for annexation., initial zoning and planned unit development (PUD) for The Meadows on a 14.65 acre property. The owner is requesting annexation into the City of Kalispell with the R-4 (Two Family Residential) zoning district. The owner is also requesting a PUD zoning district on the property to allow 138 condominium units with approximately 6.7 acres of open space, a 4,000 square foot clubhouse and % of a mile of sidewalks and trails within the open. space. The property is currently zoned County SAG--10 and is located on the south side of Four Mile Drive approximately 400 feet west of the intersection of North Haven Drive and Four Mile Drive. The property address is 430 and 450 Four Mile Drive and can be legally described as Assessors Tract 4, located in Section. 1, Township 28 North, Range 22 West. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 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 Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 751-1850, or e-mail us at planning@kalispell.com for additional information. Lee & Linda Hershberger Thomas Dean & Hoskins 24212 SE 384 Street 31 Three Mile Drive, Ste 101 Enumclaw, WA 98022 Kalispell, MT 59901 Edwin & Debra Meuli Larry & Susan Johnson 32 % Hathaway Lane 1471 US Highway 2 W Kalispell, MT 59901 Kalispell, MT 59901 Joan Gross Lawrence & Valerie Parsons David McMurray 92 Hathaway Lane 3753 NW Taylor Avenue Kalispell, MT 59901 Corvallis, OR 97330 Darnel Martin Living Trust Nancy Rose 1429 US Highway 2 W 1483 US Highway 2 W Kalispell, MT 59901 Kalispell, MT 59901 William Wills Kirby Campbell--Rierson 1479 US Highway 2 W Ron Rierson305 N. Hill Road Kalispell, MT 59901 Kalispell, MT 59901 Katherine McAllister State of Montana Michael Stotts DOT 30 Hathaway Lane P.O. Box 201001 Kalispell, MT 59901 Helena, MT 59620 James & Shirley Hilton 1595 Haven Drive Kalispell, MT 59901 Knotts Family Investments, Inc. 1210 Birch Grove Road Kalispell, MT 59901 Lyle K. Bartlett 33 Hathaway Lane Kalispell, MT 59901 Carol Collins 19 Hathaway Lane Kalispell, MT 59901 Tungsten Holdings, Inc. P.O. Box 1213 Libby, MT 59923 Steven Fewlass 13 Hathaway Lane Kalispell, MT 59901 Jason Braaten 930 Birch Grove Kalispell, MT 59901 No. 1©816 NOTICE OF PUP -IC HEFAh,,NJ ; KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION AUGUST 8, 2006 The regular meeting of the Kalispell City Plan- ning Soard and Zoning Commission is sched- uled for Tuesday, Au- gust a, 2006 beginning at 7:00 PM in the Kalis- pell City Council Cham- bers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request from Apex 1, LLC, for annex- ation, initial zoning, planned unit develop- ment (PUD) and prelimi- nary plat approval of Cottage Gardens on a 10.75 acre property. the owner is requesting annexation into the City 3f Kalispell with the R-2 Single Family Residen- ial) zoning district. The 5wner is also requesting t PUD zoning district on he property to allow re- tuced lot sizes in the R- '. zoning district and a ireliminary plat to cre- te 44 lots ranging in ize from 2,900 net quare feet to 4,600 net quare feet. The proo- rty is currently zoned :aunty AG-80 and is lo- afed on the north side f Three Mile Drive ap- roximately 1,000 feet ,est of the intersection t Meadows Lane and hree Mile Drive. There an existing house on ie property addressed s 575 Three Mile rive. The property can a legally described as 'act 1 of Certificate of arvev 9981, located in e SW 1/4 and SE 1/4 Section 27, Township 3 North, Range 22 eat ?. .A request from adical Arts Pharmacy Kaispell, LTD, to re- bomole two existing :s wvithin Westview isiness Center into "ee lots. The pro- sed Jots would range size from 21,900 pare feet to 31,80o care feet. The two isting lots are zoned 2, General Business, of are located on Ifie rth side u; Westview ri< Place. The :nir s propose; . .., it suhrtll/3r1P,1 ally ciescribe:i :;s ;._) s 2 and 3 of Westview Business Center; locat- ed in portions of the SW 114 of the SW 114 of Section 6, 'Township 28 North, Range 21 West. 3. A request from Lee and Linda Hershberger for annexation; initial zoning, preliminary plat and conditional use per- mit approval of Autumn Creek on an 8.69 acre property. The owners are requesting annexa- tion into the City of Ka- lispell with the H-2 (Sin- gle Family Residential) zoning district. The owners are also re- questing preliminary plat approval to create 21 lots (17 single family lots and 4 townhouse lots) ranging in size from 5,660 square feet to 13,900 square teat and a conditional use permit to allow the 4 townhouse lots within the requested R-2 zon- ing district. The proper- ty is currently zoned County R-1 and is locat- ed on the east side of Hathaway Lane approxi- mately 700 feet north of the intersection of US Hwy 2 West and Hath- away Lane. The prop- erty can be legally de- scribed as Assessors Tracts 6AAK, 601 and 6AB, located in the SW 1 /4 of Section 12, Town- ship 28 North, Range 22 West, 4, A request from The Meadows, Inc. for an- nexation, initial zoning and planned unit devel- opment (PUD) for The Meadows on a 14.65 acre property. The owner is requesting an- nexation into the City of Kalispell with the R-4 (Two Fancily Residen- tial) zoning district. The owner is also requesting a PUD zoning district on the property to allow 138 condominium units with approximately 6.7 acres of open space, a 4,000 square foot club- house and 3/4 of a mile of sidewalks and trails within the open space. The property is currently zoned County SAG-10 and is located on the south side of Four Mile Drive approximately 400 feet west of the inter- section of North Haven Drive and Four Mile Drive. The property ad- dress is 430 and 45u Four Mile Drive and can be legally described as Assessors Tract 4. lo- cated in Section 1, Township 28 North, Range 22 West. Documents berr- nir to the agenda !ter are on file for public rwzpPr •'.Ion ?t the Kahsf)Al€ PWnnina department. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION. PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. O Qj tU LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED N THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF j U.I.- 25 ; QY3(,:5, AND THE RATE CHARGED FOR THE ABOVE PRNTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE .AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. C Ctw SC tv-an " Subscribed and sworn to Before me this j i t, l 24,. ao C led- Ccc L Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/1 IIQ9 1.7 Second Street. Ea; Suite 211, Kalispell- to 59901-, and are avail, ble for public revie during- regular offic hours. Interested: persons: ai encouraged. to alter the hearing. and mak their views, and:,.cor cerns- known- to..th Board. Written corr ments may be submi ted to the Kalispell Pla€ ning. Department at th above address; prior t the date of the- hearinE or you may call us (406.);..7513-18,50,.or e mail us at planning 0kr lispell:com .for addition information:. /stThomas.R- Jentz. Thomas R. Jentz. Planning :Director - July: 23+, 2008. . ORDINANCE NO. 1588 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS ASSESSORS TRACTS 6AAK, 6DI AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-2 (SUBURBAN RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Lee and Linda Hershberger, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-2, Suburban Residential, on approximately 8.69 acres of land, and WHEREAS, the property is located north of Highway 2 West, on the east side of Hathaway Lane, and WHEREAS, the Hershberge.r's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-06-7, dated July 25, 2006, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned .R-2, Suburban Residential, as requested by the petition, and WHEREAS, the Kalispell Planning Board held a public hearing on August 8, 2006, and denied a recommendation that the property as described above be zoned R-2, Suburban Residential due to a vote of two in favor and two opposed, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Suburban Residential, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3- 608, M.C.A., and State, Etc. v. Board of Count Commissioners Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-06-7. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as .R-2, Suburban Residential, on. approximately 8.69 acres of land. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 111. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE .MAYOR OF THE CITY OF KALISPELL THIS 16T.H. DAY OF OCTOBER, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor