Loading...
10/3/05 Staff Report/Annexation & Zoning (DENIED)City of Kalispell Planning Department 17 - 24 Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com September 22, 2005 James H. Patrick, City Manager City of Kalispell P.C. Box 1997 Kalispell, MT 59903 Re: Lee and Linda Hershberger - Annexation and Initial Zoning of R-2 Hathaway Lane and Hwy 2 West Dear Jim: The Kalispell City Planning Board met on September 13, 2005 to reconsider a request for an initial zoning designation of R-2, Suburban Residential, upon annexation to the city of Kalispell. The property contains approximately 8.69 acres and is located north of Hwy 2 West on the east side of Hathaway Lane. 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 21 lots consisting of 17 single family residences and two two unit townhouses. A similar proposal came before the Kalispell Planning Board at their June 14, 2005 regular meeting where a public hearing was held. The proposal was continued in order to allow the developer an opportunity to address issues related to density, parkland, access and the safety concerns at the intersection of Hwy 2 West and Hathaway Lane. This revised proposal was brought back before the planning board at their September meeting. Narda Wilson of the Kalispell Planning Department, presented staff report #KA-05-8A (amended) and evaluated the proposal. She noted revised subdivision plans for the property attempted to address the planning board and neighborhood concerns. The staff recommended approval of the proposed R-2 zoning and felt the developers had done their best to address the concerns expressed by the board. At the public hearing on June 14, 2005 and the meeting held on September 13, 2005 there were several neighbors who expressed their opposition to the revised proposal citing concerns with density, neighborhood character and primarily the safety of the access at the intersection of Hwy 2 West and Hathaway Lane. Their primary concern had to do with access and the traffic going eastbound conflicting with other eastbound traffic coming from Hartt Hill. Hershberger Annexation and Initial Zoning September 22, 2005 Page 2 The board discussed the density allowed under the R-2 zoning and the revision from the previously proposed R-3, Urban Single Family Residential. They expressed concerns regarding the density and safety as well, but felt that the R-2 zoning was appropriate. A motion was made to recommend approval of the proposed R-2 zoning upon annexation to the city which passed on a unanimous vote. Please schedule this matter for the October 3, 2005 regular Kalispell City Council meeting. You may contact this board or Narda Wilson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board George Taylor President GT/ NW /ma Attachments: Exhibit A - Petition to Annex Staff report #KA-05-8(A) and application materials Minutes from the 6/ 14/05 planning board meeting Draft minutes from. the 9/ 13/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lee & Linda Hershberger, 24212 SE 384t* St, Enumclaw, WA 98022 TD & H, 31 Three Mile Drive, Kalispell, MT 59901 LEE & LINDA HERSHBERGER -- AUTUMN CREEK SUBDI'"iTISION REQUEST FOR INITIAL ZONING OF R-2 UPON ANNEXATION KALISPELL PLANNING DEPARTMENT STAFF REPORT #KA-05-SA (AMENDED) SEPTEM BER 7, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of R-2 upon annexation to the city on property in west Kalispell. A public hearing was scheduled before the planning board for June 14, 2005 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 21 lots on approximately 9 acres has been fled concurrently with the petition to annex. A. Petitioner and Owners: Technical Assistance: Lee & Linda Hershberger 24212 SE 384thStreet Enumclaw, WA 98022 Thomas Dean & Hoskins. 31 Three Mile Drive Kalispell, MT 59901 (406) 751-5246 B. Location and Legal Description of Property: The property proposed for annexation lies 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. C. E7dsting 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 rear and five feet on the sides. 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 9 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. Does the requested zone comply with the growth policy? The property is designated by the Kalispell Growth Policy 2020 as "Suburban Residential" which is defined as anticipating up to four dwellings per acre. The property owner is proposing the creation of 21 lots with 17 lots intended for single family dwellings and 4 townhouse lots on. approximately 9 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 re uested zone desi ed 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, 2 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 requested zone secure safety from firepanic, and other dan ers? 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 reguested zone promote 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 grevent the overcrowding of land? As previously noted, this area has been anticipated for urban residential development and since public crater 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 reguested 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. 3 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? 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 give consideration to the particular suitability of the property for particular uses? The proposed zoning furthers the long range development plans as reflected in the recently adopted 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 district? 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 gppropriate use of the land throughout the municipality? 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. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report #KA-05-8A and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-2 as proposed. REPORTS\KA\KA05-8A autumn creek.DOC 6CDBA i -- - - - OUNTY 6EE = -; RA 6CA ' 6EE �=� _ ." _= 6CB _ ._.. w 2CH JE 6 D ' 2CCA 6DH r 6AG 6KCi 7AD N i _., rDll A �-- T- 6J OH 1 "3' ,. ............... .................................................................... DHBC :::.:::::::;;_:.. :;:;----- 6KADHBB _:.£_ 6AAM DFS 6DC; 6W6AA � 6L --N - ; T-z 6DHB A6DFA6AAF 1 � r 6DF f} i i ? 6AAH 6_ BA COUNTY'co; CQ b N TY ...' ]p p 16D �. 13DB� 13 113 C ('] ' ! 1 i VICINITY MAP SCALE 1 " = 350' LEE & LINDA HERSBERGER PRELIMINARY PLAT - AUTUMN CREEK SUBDIVISION A 21 LOT (15 SINGLE FAMILY & 8 TOWNHOUSE LOTS FOR A TOTAL OF 27 UNITS) SUBDIVISION ON 8.594 ACRES FILED CONCURRENTLY WITH AN ANNEXATION & INITIAL ZONING AND A CONDITIONAL USE PERMIT PLOT DATE 5/9/05 FILE # KP P- 0 5 - 0 9 H:\gis\site\kpp05_9.dwg its- of Ka -s-p Planning Department t./ I1:.1115 :'.it. 'li �I�IEIu+.�•.;;' l F;x: (41..6.5i-1 8-i- PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: L� r "YIAIL ADDRESS: . CITY/STATE/ZIP: Fr, r r1 GP F3L _ j _ �'-,9kWZPH0NF: 7 4_©- 2 INTEREST IN .PROPERTY: � Q r Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: I CITY/STATE/ZIP: _ V�soOIL r t24;2 4/PHONE: fix ` 75 7• 2 Z'yam INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the property: # I VAR �-�• Legal Description Ar t (Lot and Block of Subdivision; Tract :#` (Section, 'Township, Range) (AttAch metes and bounds as EAdbit A) M Land in project (ac) The present zoning of the above property is: _EJ,'±h¢adP C'��„�,� �' ( �,:��r�7ste���1`•�i��`fi�1 The proposed zoning of the above property is: State the changed or changing conditions that make the proposed amendment necessary: 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 Kalispell Planning staff to be present on the property for routine inspection during the annexation process. (Applicant) (Date ) City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Wehsite: kalispellplanning.com August 29, 2005 Dear Property Owners: You are being sent this notice and other information 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. This is not another public hearing. Comments will be accepted at the beginning of the meeting under Hear the Public. You may contact this office for additional information. The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, September 13, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. This request was continued by the Kalispell City Planning Board from their .Tune 14, 2005 meeting. This is an amended proposal for Autumn Creek Subdivision. The property is located north of Hwy 2 West, on the east side of Hathaway bane: • Annexation with an initial zoning designation of R-2, Suburban Residential, on approximately 8.694 acres. A request for preliminary plat approval and a conditional use permit have been filed concurrently with the annexation request. A request for preliminary plat approval of Autumn Creek Subdivision, a 21 lot residential subdivision on approximately 8.694 acres consisting of 17 single family lots and 4 townhouse lots. • A request for a conditional use permit to allow the creation of 2-two unit townhouse lots for a total of 4 townhouses within the proposed Autumn Creek Subdivision, a preliminary plat for a 21 lot residential subdivision. Documents pertaining to these 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 meeting, or you may contact me at (406) 751-1850 or e-mail at nwilson(u?kalispell.com for additional information. Sincerely, F 1.l::::f'. Narda A. Wilson, AICP Senior Planner AGENDA KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION September 13, 2005 A regular meeting of the Kalispell scheduled for Tuesday, September City Council Chambers, Kalispell Montana. The Agenda for the meeting will be: A. Call to order and roll call. City Planning Board and Zoning Commission is 13, 2005 beginning at 7:00 PM in the Kalispell City Hall, 312 First Avenue East, Kalispell, B. Approval of the Minutes - August 9, 2005 C. Hear the Public - The public may comment on any matter on the agenda or not on the agenda, except the public hearing items listed immediately below. D. Public Hearings: The Kalispell City Planning Board and Zoning Commission will hold a public hearing on the following agenda items. Following the hearing and board discussion., the board may make its recommendation to the Kalispell City Council for final action.: 1. A request by Flathead Health Center, Inc. for a conditional use permit to allow the relocation of a temporary modular office building southwest of the existing Alert Building at 310 Sunnyview Lane, on the southeast corner of Claremont and Conway Drive. The property is zoned H-1, Health Care. 2. A request by Big Sky Properties on behalf of American Capitol aka ACG Kalispell Investors, LLC, for an amendment to the Kalispell Zoning Ordinance to allow light assembly in the B-3, Community Business, zoning district. This amendment could potentially affect all properties in the Kalispell zoning jurisdiction, i.e. the Kalispell city limits, that are zoned B-3. E. Old Business Continued from the June 14, 2005 meeting - Autumn Creek Subdivision. The property is located north of Hwy 2 West, on the east side of Hathaway Lane: Annexation with an initial zoning designation of R-2, Suburban Residential, on approximately 8.694 acres. A request for preliminary plat approval and a conditional use permit have been filed concurrently with the annexation request. • A request for preliminary plat approval of Autumn Creek Subdivision, a 21 lot residential subdivision on approximately 8.694 acres consisting of 17 single family lots and 4 townhouse lots. Kalispell City Planning Board Agenda Page 2 A request for a conditional use permit to allow the creation of 2-two unit townhouse lots for a total of 4 townhouses within the proposed Autumn Creek Subdivision, a preliminary plat for a 21 lot residential subdivision. F. New Business 1. Creation of the BNSF Tax Increment Finance District generally located on the north and south sides, but not including, the Kalispell Center Mall and west of Main Street. G. Adjournment. Next regular meeting: October 11, 2005 - Tuesday, 7:00 PM Growth Policy Work Session: To Be Arranged CERTIFICATION APPLICANT: Lee & Linda Hershberger TCPO FILE NO: KPP-05-9/KA-05-8/KCU-05-6 I, the undersigned certify that I did this date mail via First Class mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property that is requesting annexation, a preliminary plat and a conditional use permit. Date: T S-T-R: 12-28-22 Lot/Tracts# Tracts 6AS, 6DI, 6AAK, Property Owner/Mail Address: Lee & Linda Hershberger 1,04 TD&H 31 Three Mile Drive, Ste. 101 Kalispell, MT 59901 AND ATTACHED LIST T D & H MEULI, EDWIN RALPH & LEE & LINDA HERSHBERGER 31 ---3 MILE DRIVE STE 101 DEBRA SUE KALISPELL, MT 59901 32 1�2 HATHAWAY LANE KALISPELL, MT 59901 JOHNSON, LARRY & SUSAN 1471 US HIGHWAY 2 W KALISPELL, MT 59901 GROSS, STANLEY & DORA 2753 NW TAYLOR AVE CORVALLIS, OR 97330 MARTIN LIVING TRUST, DARREL R 1429 US HIGHWAY 2 W KALISPELL, MT 59901. WILLS, WILLIAM E 1479 US HIGHWAY E W KALISPELL, MT 59901 MC ALLISTER, KATHERINE E STOTTS, MICHAEL A 30 HATHAWAY LN KALISPELL, MT 59901 CITY OF KALISPELL PO BOX 1997 KALISPELL, MT 59903 BARTLETT, LYLE 33 HATHAWAY LANE KALISPELL, MT 59901 PARSONS, LAWRENCE & VALERIE 92 HATHAWAY DR KALISPELL, MT 59901 ROSE, NANCY ALLEN 1483 US HIGHWAY 2 W KALISPELL, MT 59901 CAMPBELL-RIERSON, KIRBY RIERSON, RON L 305 N HILL RD KALISPELL, MT 59901 POPE III, DANIEL F POPE, ROCHELLE 130 GREEN BRIAR DR KALISPELL, MT 59901 PROFITT, RON & BRENDA 100 HATHAWAY LN KALISPELL, MT 59901 NOLAN, MARK & KATHERINE 8 HATHAWAY LANE KALISPELL, MT 59901 COLLINS, CAROL A 19 HATHWAY LN KALISPELL, MT 59901 TUNGSTEN HOLDINGS INC PO BOX 1213 LIBBY, MT 59923 FEWLASS, STEVEN T 13 HATHAWAY LN KALISPELL, MT 59901 STATE OF MONTAN.A DOT PO BOX 201001 HELENA, MT 59620 TCPO Major Subdivision 2005 CERTWICATION .APPLICANT: NEW WEST PROPERTIES, LLC TCPO FILE NO; KPP-05-9�at < -() . — , j-�, I, the undersigned certify I did this da mail via 6��r;ed or registered mail a copy of the attached notice to the following list of landowners ad'oinin the property lines of the property at is to be subdivided. i a 4.4 Date: - Assessor's # S-T-R Lot/Tract# Property Owner/Mail Address 12-28N-22©fi NEW WEST PROPERTIES LLC 435 - 4Ta AVENUE EAST KALISPELL, MT 59901 THOMAS, DEAN & HOSKINS 31 - 3 MILE DRIVE, STE 101 KALISPELL, MT 59901 AND ATTACHED LIST NEW WEST PROPERTIES LLC T D & H MEULI, EDWIN RALPH & 435 - 4' AVE EAST 31 -3 MILE DRIVE STE 101 DZ B A SUE LANE KALISPELL, MT 59901 KALISPELL, MT 59901 KALISPELL, MT 59901 JOHNSON, LARRY & SUSAN 1471 US HIGHWAY 2 W KALISPELL, MT 59901 GROSS, STANLEY & DORA 2753 NW TAYLOR AVE CORVALLIS, OR 97330 MARTIN LIVING TRUST, DARREL R 1429 US HIGHWAY 2 W KALISPELL, MT 59901 WILLS, WILLIAM E 1479 US HIGHWAY E W KALISPELL, MT 59901 MC ALLISTER, KATHERINE E STOTTS, A ICHAEL A 3 0 HATHAWAY IN KALISPELL, MT 59901 CITY OF KALISPELL PO BOX 1997 KALISPELL, MT 59903 BARTLETT, LYLE 33 HATHAWAY LANE KALISPELL, MT 59901 PARSONS, LAWRENCE & VALERIE 92 HATHAWAY DR KALISPELL, MT 59901 ROSE, NANCY ALLEN 1483 US HIGHWAY 2 W KALISPELL, MT 59901 CAMPBELL-RIERSON, KIRBY RIERSON, RON L 305 N HILL RD KALISPELL, MT 59901 POPE III, DANIEL F POPE, ROCHELLE 130 GREEN BRIAR DR KALISPELL, MT 59901 NOLAN, MARK & KATHERINE 8 HATHAWAY LANE KALISPELL, MT 59901 COLLINS, CAROL A 19 IiATHWAY LN KALISPELL, MT 59901 TUNGSTEN HOLDINGS INC PO BOX 1213 LIBBY, MT 59923 FEWLAS S, STEVEN T 13 HATHAWAY LN KALISPELL, MT 59901 STATE OF MONTANA. DOT PO BOX 201001 HELENA, MT 59620 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricit�?centusrytel.net www.tricityplanning-mt.com 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 June 14, 2005 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 14, 2005 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 nuke a recommendation to the Kalispell City Council who will take final action. 1. A request by Potthoff, Allison and Executive Plaza Partnership for a change in zoning from R-4, Two Family Residential, to RA-3, Residential Apartment / Office, on approximately 0.65 of an acre located on the south side of Fifth Street East between Main Street and Second Avenue East. The property can be described as Lots 1, 16, 17, 18 Block 84 and Lots 1, 2, 3, Bock 85 Kalispell Original Township in Section 18, Township 28, Range 21 West, P.M.M., Flathead County, Montana 2. A request by Hutton Ranch Plaza Associates for an initial zoning designation of B- 2, General Business, with a Planned Unit Development (PUD) overlay upon annexation to the City of Kalispell on approximately 46.05 acres. The property is located on the east side of US Hwy 93 south of the Mountain View Plaza development and north of the Flathead Valley Community College. in conjunction with the annexation and proposed PUD zoning designation, a subdivision has been filed to be known as Hutton Ranch Plaza. The property can be described as Assessors Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Hutton Ranch Plaza Associates, LLC for preliminary plat approval of Hutton Ranch Plaza, a 26 lot commercial subdivision on approximately 46 acres. As proposed there would be 26 commercial lots that would share common parking and access within a common area. A request for annexation and an initial zoning designation of B-2, / PUD has been filed concurrently with the subdivision request. The property can be described as Assessors Tract Assessors Tract 3 and a portion of Assessor's Tract 4G located in Section. 31, Township 29 North Range 21 West, P.M.M., Flathead County, Montana. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • 4. A request by the City of Kalispell for preliminary plat approval of Kalispell Fire Station No. 62, a one lot subdivision containing approximately 2.154 acres. This one lot subdivision is intended for development of the north Kalispell lire station. The property can be described as a portion of Assessor's Tract 5 located in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. 5. A request by New West, LLC for an initial zoning designation of R-3, Urban Single Family Residential, on approximately 8.694 acres. The property is located north of Hwy 2 West, on the east side of Hathaway Lane. A request for preliminary plat approval of Autumn Creek Subdivision., a 27 lot residential subdivision and a conditional use permit to allow 12 townhouses have been filed concurrently with the annexation request. The property can be described as Assessors Tracts 6AAK, 6D1 and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 6. A request by New West, LLC for preliminary plat approval of Autumn Creek Subdivision, a 27 lot residential subdivision on approximately 8.694 acres. As proposed there would be 15 single fazriily lots and 12 townhouse lots. A request for annexation and initial zoning along with a conditional use permit for the townhouses have been filed concurrently with the preliminary plat application,. 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. 7. A request by New West, LLC for a conditional use permit to allow the creation of six two unit townhouses or 12 townhouse lots within the proposed Autumn Creek Subdivision., a preliminary plat for a 27 lot residential subdivision. A request for annexation and initial zoning along with the preliminary plat for the subdivision have been filed concurrently with the conditional use permit application. 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. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail at tricitynarda0menturytel.net for additional information. Sincerely, 1*4,11A. Wilson Senior Planner No. 9447 NOTICE OF PUBLIC HEARING. KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION June 14, 2005 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, .tune 14, 2005 beginning at 7.00 PM in the Kalispell :Jty Council Chambers, <alispell City Hall, 312 -first Avenue East, Ka- ispell, The planning aoard will hold a public searing and take public :omments on the follow- ng agenda items. The aoard will make a rec- Dmmendation to the Ka- ispell City Council who (viff take final action. 1. A request by Potth- )ff. Allison and Execu- ive Plaza Partnership )r a change in zoning •om R-4, Two Family lesidential, to RA-3, lesidential Apartment sfffce, on approximately .65 of an acre located n the south side of 'ifth Street East be- Neen Main Street and second Avenue East. 'he property can be de- cribed as Lots 1, 16, 7, 18 Block 84 and ots 1, 2, 3, Bock 85 :alispell Original Town - hip in Section 18, -ownship 28, Range 21 Vest, P.M.M., Flathead ;ounty, Montana 2. A request by( Hutton 3anch Plaza Associates or an initial zoning des- gnation of B-2, General 3usiness, with a Plan- ied Unit Development PUD) overlay upon an- iexation to the City of (alispell on approxi- nateiy 46.05 acres. The )roperty is located on he east side of US Hwy i3 south of the Moun- ain View Plaza devel- 3pment and north of the :fathead Valley Corn- nunity College. In con - unction with the annex- ition and proposed BUD zoning designa- ion, a subdivision has )een filed to be known as Hutton Ranch Plaza, The property can be de-. ,cribed as Assessors Tract 3 and a portion of 4ssessors Tract 4G io- lated in Section 31, Township 29 North Range 21 West, P.M.M., Flathead Coun- ty, Montana. 3. A request by Hutton Ranch Plaza Associ- ates, LLC for prelimina- ry plat approval of Hut- ton Ranch Plaza, a 26 lot commercial subdivi- sion on approximately 46 acres. As proposed there would be 26 com- mercial lots that would share common parking and access within a common area. A re- quest for annexation and an initial zoning designation of B-2,fPUD has been filed concur- rently with the subdivi- sion request. The prop- erty can be described as Assessors Tract As- sessors Tract 3 and a portion of Assessor's Tract 4G located in Sec- tion 31, Township 29 North Range 21 West, P.M.M., Flathead Coun- ty, Montana. 4. A request by the City of Kalispell for pre- liminary plat approval of Kalispell Fire Station No. 62,: a one lot: subdN vision containing -a proximately 2.15 1. acres. This one lot sub- division is intended for development of the north Kalispell fire sta- tion. The property can be described as a por- tion of Assessor's Tract 5 located in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 5. A request by New° . West, LLC for an initial zoning designation of R- 3, Urban Single Family . Residential, on approxi- matefy 8.694 acres. The property is located north of Hwy 2 West, on the east side of Hathaway Lane. A request for pre- liminary plat approval of Autumn Creek- Subdivi- sion, a 27 lot residential subdivision and a condi- tional use permit to al- low 12 townhouses have been filed concur- rently with the annexa- tfon request. The prop- erty can be described as Assessors Tracts, 6AAK, 601 and 6AB lo- cated in Section 12;. Township 28 North,. Range 22 West, P.M.M., Flathead Coun- ty, Montana. 6, A request by New West, LLC for prelimina- ry plat approval of Au- tumn Creek Subdivision, a 27 lot residential sub- division on approximate- ly 8.694 acres. As pro- posed there would be 15 single family lots and 12 townhouse lots. A re- quest for annexation STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS T LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCJLA.TIOI PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 9447 LEGAL ADVERTSSM ENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER., AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF MAY 29, 2005 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN TBE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. &V� �• Subscribed and sworn to Before me this AD MAY 31, 2005 vu :T Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/1I105 and initial zoning along with a conditional use permit for the townhous- es have been filed con- currently with the pre- liminary plat application. The property can be de- scribed as Assessors Tracts 6AAK, 601 and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 7. A request by New West, LLC for a condi- tional use permit to al- low the creation of six two unit townhouses or 12 townhouse lots with- in the proposed Autumn Creek Subdivision, a preliminary plat for a 27 lot residential subdivi- sion. A request for an- nexation and initial zon- ing along with the pre- liminary plat for the sub- division have been filed concurrently with the conditional use permit application. The proper- ty can be described as Assessors Tracts 6AAK, 6Dl.and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead:. County, Montana. Documents pertaining..F., to this agenda item area" on file for public inspec-• tion at the Tri-City Plan ning Office, 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 con -- corns known known to the:-. Board. Written com- ments may be submit led to the Tri-City Plan- ning Office at the above: address, prior to the:; date of the hearing, or you may contact Narda. Wilson, Senior Planner .: at (406) 751-1850 or e- mail her ati tricitynarda @ centurytel. net for additional infor- mation. Is/ Thomas R. Jentz Thomas R. Jentz Planning Director May 29, 2005. ORDINANCE NO. 1553 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 ofthe 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 Hershberger's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-05-8A (Amended), dated September 7, 2005, 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, 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_County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-05-8A. 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 9.69 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 III, 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 KALISPEL, THIS 17TH DAY OF OCTOBER, 2005. ATTEST: Theresa White City Cleric Pamela B. Kennedy Mayor