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Staff Report/Annexation & ZoningCity of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Allen & Virginia Riebe, William & Cindy Riebe, and Polly Webster - Annexation and Initial Zoning of R-2 Single Family Residential, Southern side of Three Mile Drive approximately 400 feet west of the intersection of Three Mile Drive and Stillwater Drive. MEETING DATE: July 3, 2006 BACKGROUND: This is a request by Allen and Virginia Riebe, William and Cindy Riebe and Polly Webster for annexation and initial zoning of R-2, Single Family Residential, on approximately 12.8 acres located at 386 and 394 Three Mile Drive, Kalispell. It is the intent of the property owners to subdivide the property into 23 single family lots and connect the lots to city services. The Kalispell City Planning Board met on June 13, 2006 and held a public hearing to consider the request. Staff evaluated the proposed zoning and recommended initial zoning of City R-2 based on the surrounding city zoning and the Kalispell Growth Policy. Erica Wirtala of Sands Surveying represented the owner and spoke in favor of the proposal. There was no one else at the public hearing who wished to speak either in favor or in opposition of the proposal. After the public hearing and board discussion a motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-2, Single Family Residential, upon annexation. RECOMMENDATION: A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNAT11VES: As suggested by the City Council, Riebe/Webster Annexation June 23, 2006 Page 2 Respectfully submitted, Sean. Conrad i Senior Planner Report compiled: June 23, 2006 4es H. Pa 'ck itly Manager Attachments: Transmittal Letter Petition to Annex Cost of Services Report Staff Report #KA-06-04 and application materials Minutes 6/ 13/06 planning board meeting. c: Theresa White, Kalispell City Clerk Return to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5124 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 ON "EXHIBIT A", LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS RIEBE/WEBSTER ADDITION NO.381; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Allen and Virginia Riebe, William and Cindy Riebe and Polly Webster, the owners of property located along the southern side of Three Mile Drive approximately 400 feet west of the intersection of Three Mile Drive and Stillwater Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the Riebe/Webster Annexation Request, #KA-06-4, dated June 5, 2006, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-2, Single Family Residential, on approximately 12.84 acres upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Riebe/Webster Addition No. 381. 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 3RD DAY OF JULY, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT "A" A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southwest corner of the Northwest Quarter of the Northwest Quarter of Section 12, 'Township 28 North, Range 22 West, P.M.M., Flathead County, Montana which is a found iron pin; Thence along the west boundary of said NW 1/4 NW 1/4 N04°42' 16" E 1248.78 feet to a found iron pin on the southerly R/W of Three Mile Drive; Thence along said R/W N89°58'44" E 450.09 feet; Thence leaving said R/W SO4°42'48" W 1246.27 feet to a found iron pin; Thence S89°39'33" W 450.11 feet to the point of beginning and containing 12.844 ACRES; Subject to and together with all appurtenant easements of record. KA-06-4 Riebe 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 immediate west via Bowser (Aspen) Creek and will be extended to the property at the time the applicant develops his proposed 23 lot subdivision called Diamond Ridge. Number of Dwelling; Units proposed to be annexed 23 single family houses Estimated Increase in Population: (based on US Census Figure of 2.2 per household) Cost of Services Per capita 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 46 x 68.84 = $ 3,166 46 x 110.00 = $ 5,060 46 x 39.48 = $ 1,816 • Solid Waste: Additional cost to solid waste (none for five years) _ $ 0 Lineal Feet Costs: (Approximately 1,120 lineal feet of new road, water and sewer mains) • Roads: $1.14 per lineal foot Additional cost in road maintenance 1,120 x 1.14 = $ 1,277 • Water: $3.44 per lineal foot Additional cost in water line maintenance 1,120 x 3.44 = $ 3,853 • Sewer: $5.50 per lineal foot Additional cost in sewer maintenance 1,120 x 5.50 = $ 6,160 Storm sewer maintenance costs: Average Square foot per lot - This is capped at '/2 ac. 1 • No. of units x square foot x 0.004018 0 x $0.004018 $ 0 Total Anticipated Cost of Services: $21,332 Anticipated Revenue Generated Assessments based on square footage: Average square foot per lot: 19,696 square feet • Storm sewer assessment $0.004018 per square foot Revenue from storm sewer assessments 23 x 19,696 x $0,004018 = $1,820 • Street maintenance assessment $0.0101 per square foot Revenue from street maintenance assessments 23 x 19,696 x $0.0101 $4,575 • Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 23 x 19,696 x $0.00135 = $611 Special Assessments: There are no special assessments. - $ 0 General revenue: • Assessed value per property: $ 275,000/house Total assessed value: 23 x 275,000 = $ 6,325,000 Total taxable: 6,325,000 x 0.03543 = $ 224,095 • Total additional general revenue based on 170 mill levy: $224,095 x 0.170 = $ 38,096 Total Revenue Generated to the City $ 45,102 NET ADDITIONAL ANNUAL REVENUE TO THE CITY: $23,770 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. H:\FRDO\.TRANSMITALS\2006\KA06-4 RIEBE CSTOFSVCS.DQC 9 City of Kalispell Planning Department 17 - 2'd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com June 27, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Allen & Virginia Riebe, William & Cindy Riebe, and Polly Webster - Annexation and Initial Zoning of R-2 Single Family Residential Dear Jim The Kalispell City Planning Board met on June 13, 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 12.8 acres located at 386 and 394 Three Mile Drive, Kalispell. It is the intent of the property owners to subdivide the property into 23 single family lots and connect the lots to city services. Sean Conrad of the Kalispell Planning Department presented staff report #KA-06-04 evaluating the proposed zoning. Staff recommended initial zoning of City R-2 based on the surrounding city zoning and the Kalispell Growth Policy. Erica Wirtala of Sands Surveying represented the owner and spoke in favor of the proposal. There was no one else at the public hearing who wished to speak either in favor or in opposition of the proposal. After the public hearing and board discussion a motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-2, Single Family Residential, upon annexation. Please schedule this matter for the July 3, 2006 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Riebe/Webster Annexation June 27, 2006 Page 2 Sincerely, Kalispell City Planning Board Timothy Norton. Vice President Attachments: Staff report #KA-06-04 and application materials Minutes of the 6 / 13 / 06 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Allen and Virginia Riebe, William and Cindy Riebe, Polly Webster, 394 Three Mile Drive, Kalispell, MT 59901 Eric Mulcahy, Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901 RIEBE/ WEBSTER INITIAL ZONING UPON ANNEXATION KALISPELL PLANNING DEPARTMENT STAFF REPORT #KA-06-04 JUNE 5, 2003 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 12.8 acres. A public hearing has been scheduled before the planning board for June 13, 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. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioner would like to annex in order to receive City services. A. Petitioner and Owners: Technical Assistance: Allen and Virginia Riebe William and Cindy Riebe Polly Webster 394 3 Mile Drive Kalispell, MT 59901 (406) 752-9010 Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6481 B. Location and Legal Description of Property: The property proposed for annexation lies along the southern side of Three Mile Drive approximately 400 feet west of the intersection of Three Mile Drive and Stillwater Drive. The property contains approximately 12.84 acres and can be described as Assessor's Tracts 3ABB, 3AC, 3AD, 3AB, 3ACA located within Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing zoning: This property is in the County zoning jurisdiction and is zoned County R-1, Suburban Residential. This zoning designation has a minimum lot size requirement of one acre and a minimum lot width of 150 feet. The County zoning code states that the purpose of the R-1 district is to provide estate -type development and that the R-1 zoning would normally be located in rural areas away from concentrated urban development, typically not served by water or sewer services, or in areas where it is desirable to permit only low - density development. D. Proposed Zoning: The proposal would designate the property as City R-2, a residential zoning district that anticipates single-family homes as a primary use. The minimum lot size requirement for the R-2 zoning district is 9,600 square feet. E. Size: The property proposed for annexation and zoning contains approximately 12.84 acres. F. E:2dsting Land Use: Currently this property is being used for agricultural purposes and is developed with two single family dwellings. G. Adjacent Land Uses and Zoning: The area can be described as being located in a urbanizing area of the City as numerous subdivisions have been given preliminary plat approval to the north and west of the project site along Three Mile Drive. Although some of these subdivisions have not been fully built out to date some, such as Empire Estates, Blue Heron and Cottonwood, all Located on the north side of Three Mile Drive within 1/4 mile of the lots requesting annexation, have sold and developed many of their lots. This has completely changed the nature of Three Mile Drive and has taken the immediate area around the sites requesting the initial zoning of R-2 from a predominately agricultural land use to urban residential land use. North: Residential development, City R-4 zoning South: Residential development, County R-2 zoning East: Residential development, County R-1 zoning West: Residential development, City R-2 / PUD H. General Land Use Character: The general land use character of the area is urban residential development to the north, south and west with suburban residential development in the County to the east. I. Availability of Public Services: City water and sewer services are being extended across Three Mile Drive to the south in order to serve Bowser Creek Estates and Aspen Grove subdivisions located to the west of the project site. A State secondary highway, Three Mile Drive, will provide primary access to the site and is adjacent to two of the tracts requesting annexation and initial zoning. 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 Master Plan? On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth Policy which designates this area as Urban Residential which anticipates a density of 3 to 12 dwelling units per gross acre. This property is proposed for R-2 zoning, a residential zoning designation that anticipates single-family homes as the primary use on lots not less than 9,600 square feet in size or approximately 3.5 dwellings per gross acre. The proposed zoning designation is in substantial compliance with the future land use designations of the Kalispell Growth Policy and can be considered to be appropriate for the area. 2 X 3 M 5. 0 7 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 undeveloped nature of the property. Traffic impacts to the area can be accommodated with the existing roadway, a State secondary highway. The proposed rezoning is not designed to lessen congestion in the streets but also is not anticipated to create additional congestion on the streets in the area. Will the requested zone secure safety from farepanic, and other dangers? There is no obvious increase in risk related to the proposed zoning district which would impede fire or police access to the site. Access for fare and other emergency services is generally good. Will the requested zonepromote- the health and general welfare? Because this annexation will enable the property owners to connect to public sewer and develop the property with full public services, the public health and welfare of the community will be served. Will the requested zone provide for adequate light and air? Any uses established on the site will be required to meet the development standards for the district dealing with setbacks, height limits and lot coverage. These standards are designed to provide for adequate light and air. Will the requested zone prevent the overcrowding of land? The requested zoning designation is consistent with the type of development which would be anticipated under the Kalispell Growth Policy and would be able to be accorm-nodated within the land area under the proposed zoning. The requested zone will not contribute to the overcrowding of land. 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 an agricultural use to a more intensive residential use. There will be a more intensive use of the property, however, with the intensity of the uses of the property 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. Will the requested zone facilitate the adequate provision of transportation, water, sewerage schools, parks, and other public requirements? The owners of the lots requesting submitted a 23 lot subdivision. annexation. If the annexation, approved, public service, facilities annexation and initial zoning of R-2 have also proposal for the properties included in the initial zoning and proposed subdivision are and infrastructure would be made available to 3 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. 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. 9_ Does the requested zone give consideration to the Particular suitability of the property for particular uses? This rezoning gives great consideration to the suitability of this property for the proposed use and furthers the long range development plans as reflected in the adopted Kalispell Growth Policy for this area. The requested zoning also provides opportunities for housing in a development that is compatible with surrounding land. 10. Does the re uested zone 've reasonable consideration to the character of the district? The general character of the area is urban residential and rural residential. The proposed zoning allows urban residential development to address needs within the community for housing in reasonable proximity to the City core. Recent annexations in the area indicate that this type of residential development will continue to occur on the urban fringes of the community and be developed with similar types of uses, i.e. urban residential rather than rural residential or suburban agriculture. 11. Will the proposed .zone conserve the value of buildings? There are single-family residential subdivisions to the west, south and east that are under development with similar lot sizes. The development anticipated under the proposed zoning may be more intensive in nature than that of other properties to the east because of the availability of public services and utilities, however, the City standards will insure that there is high quality development that will insure the value of buildings and homes are protected, maintained and conserved. 12. Will the requested zone encourage the most appropriate use of the land throughout the jurisdiction? The Kalispell Growth Policy future land use designation anticipates the zoning district being proposed and the uses anticipated within the zoning district for the area. The proposed zoning encourages the most appropriate land use for this property and throughout the planning jurisdiction. RECOMMENDATION It is recommended that the Kalispell City Planning Board adopt Staff Report #KA-06-4 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be R-2, Single Family Residential, on approximately 12.8 acres as proposed on the attached vicinity map upon annexation to the City. SC 4 City of Kalispell Planning Department JEC7 !i e a �.:J 17 - 2� Sheet East, Suite 211, Kalispell, Montana 9Q L� ii P D I i M� j Telephone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: Allen and Virginia Riebe William and Cindy Riebe. and Pally Webster MAIL ADDRESS: 394 3 Mile Drive CITY/STATE/ZIP: Kalispell, MT 59901 PHONE:_ 406752-9010 INTEREST IN PROPERTY: Owners Other Parties of Interest to be Notified: PARTIES OF INTEREST: See Above MAIL ADDRESS: C1TYISTATEIZIP: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: PHONE: Address of the property: 386 and 394 3 Mile Drive Legal Description: Assessor's Tracts 3ABB 3AC 3AD 3AB 3ACA in Section 12 T28N R22W P.M.M. (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) 12.844 acres The present zoning of the above property is: R-1 (County) --- The proposed zoning of the above property is: R-2 (Kalispell) State the changed or changing conditions that make the proposed amendment necessary: The a licants are pEWosing,annexation-zoning,annexation-zoning, and subdivision of the subject pmpM. The pMeny is now within the urban confines of the City of Kalispell and wish to utilize City services as part of the zoning and subdivision r uests. 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 the annexation process. "� _... -6 (Date -el -.,ze-a& DESCRIPTION: ZONE CHANGE & ANNEXATION A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southwest corner of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana which is a found iron pin; Thence along the west boundary of said NW1/4NW1/4 N04%%D42' 16"E 1248.78 feet to a found iron pin on the southerly R/W of Three Mile Drive; Thence along said R/W N89%9/od58'44"E 450.09 feet; Thence leaving said R/W SO4%0/ed42'48"W 1246.27 feet to a found iron pin; Thence S89%0/od39'33"W 450.11 feet to the point of beginning and containing 12.844 ACRES; Subject to and together with all appurtenant easements of record. Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioners) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the West Vallev Rural Fire District under the provisions of Section. 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of .Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioners) 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 from providing solid waste services to this property for a minimum of 5 years from date of annexation. f J A n 6 NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this%f'day oflJl before me, the undersigned, a Notary Public .for the State of Montana, personally appeared � , ` � h s " known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the clay and year in this certificate first above written. Notary Public. Stag f ilontana Residing at %dhf tP P;" A� - My Commission expires: STATE OF MONTANA ) : ss County of Flathead Counter On this -LLday of l�rr ,�Gi<, , before me, the undersigned, a Notary Public for the State of Montana, personally appeared G�J J(i „�,, _ . ,Q; a a_ _ (' ,_ Ad- K A.,k known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the clay and year in this certificate first above written. -eltd'i . •30• 1 I Notary Public, Sta a of Montana Residing at i ; �;'le -Ah: My Commission expires: e3 STATE OF MONTANA ) ss County of Flathead On this day of L Gtu before me, the undersigned, a Notary Public for The State of Montana, personally appeared �; ' z, A ` e._ and _�j,h,l 'the (7iv; e-4j and ,respectively, of 22inim d� e_ &s 6 >E s 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 �_ rear in this certificate first above written. E rre"�ihe;)f#a Notary Public, State of Montana Residing atj -1 My Commission expires 03 ;±, L A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southwest corner of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28 North, Range 22 West, P.114.,M., Flathead County, Montana which is a found iron pin; Thence along the west boundary of said NW1/4NW1/4 N04%%D42' 16"E 1248.78 feet to a found iron pin on the southerly R/W of Three Mile Drive; Thence along said R/W N89%°1od58'44"E 450.09 feet; Thence leaving said R/W SO4%%d42'48"W 1246.27 feet to a found iron pin; Thence S89%%d3 9'3 3"W 450.11 feet to the point of beginning and containing 12.844 ACRES; Subject to and together with all appurtenant easements of record. IKJ Count' HILL ........ .. . ..... .......... . .. . .. .. .... .. ... . ..... ........ .. ........ . . . VICINITY MAP SCALE 1" = 350' ALLEN & VIRGINIA RIEBE , WILLIAM & CINDY RIEBE AND POLLY WEBSTER REQUEST FOR ANNEXATION & INITIAL ZONING OF R-2 SINGLE FAMILY RESIDENTIAL) FROM COUNTY R-1 SUBURBAN RESIDENTIAL) DISTRICT - FILED CONCURRENTLY WITH A PRELIMINARY PLAT PIDT DATE 5/3/06 FILE# KA-06-04 H:\gis\oite\kaO6— .. 4.dwg City of Kalispell Planning Department 17 - _"d Street East, Suite 211, Kalispell; Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com MEMORANDUM TO: Kalispell City Staff other Interested Parties FROM: Sean Conrad, Senior Planner RE: May 111h Site Review Committee meeting DATE: May 3, 2006 The proposed preliminary plat request and zone change are scheduled to go before the Kalispell City Planning Board on June 13*h . A request by Allen and Virginia Riebe, William and Cindy Riebe and Polly Webster for annexation, initial .zoning and subdivision of approximately 12.8 acres located at 386 and 394 Three Mile Drive, Kalispell. The properties are currently zoned County R-1 (one acre minimum lot size). The owners have petitioned to annex into the City of Kalispell and have requested the City R-2 (9,600 square foot minimum lot size) as well as proposing a 22 lot residential subdivision.. The lots within the subdivision would range from 15,000 square feet to 27,600 square feet. The owners are also requesting a variance to the cul-de-sac limits. The application notes that in order to serve proposed lots 7-12 a cul-de-sac would be extended from the Bowser Creek development, located immediately west, to this site. The Kalispell Subdivision Regulations limit cul-de-sac lengths to a maximum of 600 feet. The developer is requesting a cul-de-sac of approximately 830 feet to serve proposed lots 7-12. The properties included in the annexation., initial zoning and subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB, and 3ACA located within Section 12, Township 28 North, Range 22 West. A request by Village Plaza, Inc. to change the zoning on 9.3 acres located on the north and east sides of Village Loop Drive from RA-3 (Residential Apartment/ office) to B-1 (Neighborhood Buffer District). The land within the zone change can be described as Tract S located within Section 31, Township 29 North, Range 21 West. if you need additional information regarding the above proposals please call me. Any comments on the above projects should be in to the Planning Department by June 1, 2006. The Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the Building Department located at 248 - 3ed 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 Jarnes Patrick, City Manager P.J. Sorensen, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jiro Hansz, Public Works Director Mark Crowley, Construction Manager Sandy Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Kenm an, Chief Building Inspector Charles Haroall, City Attorney MDCT, Steve Herzog Superintendent, Kalispell School District No. 5 LISPS, Susie Carter Land Planning, MDT - Helena c: w/o attachments: Applicants City of Kalispell Planning Department 17 - 2°1 Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Webs.ite: kalispellplanning.com MEMORANDUM TO: Kalispell City Staff Other Interested Parties FROM: Sean Conrad, Senior Planner RE: May 18th Site Review Committee meeting DATE: May 1S, 2006 Based on discussions during the May 11th Site Review Committee meeting the consultants for Diamond Ridge Estates have redesigned the interior roads and have connected the two proposed cul-de-sacs. In doing so the owners have created one additional lot for a total of 23, the previous submittal had 22 proposed lots. 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 June 1, 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 Manage.- P. J. Sorensen, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jinn Hansz, Public Works Director Mark Crowley, Construction Manager Sandy Wheeler, Community Redevelopment Susan Mover, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attornev c: w/o attachments: Applicants CERTIFICATION APPLICANT: Allen Riebe, Etal/Diamond Ridge Estates FILE NO: KA-46-44/ KPP-Q6-O3 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 ad•oinin the property lines of the property that is requesting annexation and a preliminary plat. Date: S-T-R: 12-28-22 Lot/Tracts# 3ABB, 3AC, 3AD, 3AB, 3ACA Property Owner/Mail, Address: Allen & Virginia Riebe William & Cindy Riebe Polly Webster 394 Three Mile Drive Kalispell, MT 59901 Eric Mulcahy Sands Surveying 2 Village Loop Kalispell, MT 59901 AND ATTACHED LIST City of Kalispell Planning Department 17 - 2-4 Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.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 COMUSSION June 13, 2006 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 13, 2006 beginning at 7r00 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 recommendation to the Kalispell City Council who will take final action. 1. A request by Allen. and Virginia Riebe, William and Cindy Riebe and Polly Webster for annexation, initial zoning and subdivision of approximately 12.8 acres located at 386 and 394 Three Mile Drive, Kalispell. The properties are currently zoned County R-1 (one acre minimum lot size). The owners have petitioned to annex into the City of Kalispell and have requested the City R-2 (9,600 square foot minimum lot size) as well as proposing a 23 lot residential subdivision. The lots within the subdivision would range from 15,000 square feet to 27,600 square feet. The properties included in the annexation, initial zoning and subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB, and 3ACA located within Section 12, Township 28 North, Range 22 West. 2. A request by Wayne Turner to amend Empire Estates Phase 5 and add 7 lots to the approved preliminary plat. Phase 5 includes 12.3 acres with preliminary plat approval for 64 lots. Due to a change in access to Phase 5 and a redesign of the subdivision roads and lots the owner was left with additional land outside of the 64 preliminary approved lots. It is on this additional land the owner is requesting to add 7 lots. The property is zoned R-4 (Two Family Residential). The property can be described as Assessor's Tract 3 located within the SW i,4 of Section 1, Township 28 North, Range 22 West. 3. A request by Earl Johnson, to change the zoning on a 9,400 square foot lot located on the west side of Meridian Road from R-4 (Two Family Residential) to R-5 (Residential/Professional Office). The property is developed with a single family residence at 130 Meridian Road and can be described as Lot 1 of Block 1, Meridian Addition located within Section. 13, Township 28 North, Range 22 West. Btue Heron Ph 2A March t6, _006 Page 2 4. A request by the city of Kalispell to amend the Kalispell Growth Policy 2020 by expanding the boundaries of the Growth Policy northward using the Stillwater River as the western boundary, Church and Birch Drives as the northern boundary and generally following U.S. Highway 2, south to Rose Crossing. The Growth Policy amendment is intended to give broad policy direction to growth in this area should property owners wish to annex to the city. The policy anticipates the extension of urban services including sewer and water into this area over time and is designed to give guidance to this associated growth. 5. A request by the city of Kalispell to amend Section 27.26.040(l1) of the Kalispell Zoning Ordinance specifically to allow for required parking within the Special Parking Maintenance District No. 2 (Downtown. Kalispell) to be met by a cash -in - lieu of parking payment. In addition, it is proposed that Special Parking Maintenance District No. 2 boundary (Appendix B, Figure 2) be expanded to include the Kalispell Center Mall bounded by Center Street, Fifth Avenue West, the BN RR Tracks and North Main Street. 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 a -mad us at plannine)kalispell..com for additional information.. Allen & Virginia Riebe Eric Mulcahy Laurie & Gary Morrison William & Cindy Riebe Sands Surveying 96 Northern Lights Blvd 394 Three Mile Drive 2 Village Loop Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Peter 8s Sandra Sauer Polly Webster Allison Drollin.ger P.O. Box 9855 66 Rising Sun Circle 169 Brook Drive Kalispell, MT 59904 Kalispell, MT 59901 Kalispell, MT 59901 Charles &. Anna Bryer Steven 8s Karen Breck Bud & Amy King 111 Brook Drive 133 Brook Drive King Construction Kalispell, MT 59901 Kalispell, MT 59901 P.O. Box 946 Maple Valley, OVA 98038 Janice & Herbert Stout Judie Soteros Barbara Price P.O. Box 595 270 Empire Loop 1340 4th Avenue East Kalispell, MT 59903 Kalispell, MT 59901 Kalispell, MT 59901 Ron Terry Construction Louise Swisher Sam & Marina Osnovikov 7 Meridian. Court P.O. Box 9163 1039 Foster City Blvd, #D Kalispell, MT 59901 Kalispell, MT 59904 Foster City, CA 94404 Dana 8s Brendalee Hermanson Ryan Lawlor Jarvin Development, LLC 279 Empire Loop P.O. Box 2238 P.O. Box 5524 Kalispell, MT 59901 Kalispell, MT 59903 Kalispell, MT 59903 Monty Reddig, Cherie Uskoski Darline Byrd Powell & Gertrude Clinton Richard & Kristina Ruonavaara 108 Empire Loop P.O. Box 7063 96 Vista Loop Kalispell, MT 59901 Kalispell, MT 59904 Kalispell, MT 59901 Michael & Dorothy Manion William & Cindy Riebe Kalispell Bowser Creek Asso. Trustees 386 'wee Mile Drive 121 Spear Street, #250 157 Brook Drive Kalispell, MT 59901 San Francisco, CA 94105 Kalispell, MT 59901 Gordon 8s Lana Moberley Janes & Teri Florman Jodi Gordner 61 West View Drive 145 Brook Drive John Loughey, III Kalispell, MT 59901 Kalispell, MT 59901 65 West View Drive Kalispell, MT 59901 Davy Hoag Kenneth Hannah, Jr. Angela Leduc 85 West View Drive 91 West View Drive 99 West View Drive: Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Helen Kaeding Paul & Susan Bray Martina Minette Carl McAtee 69 Konley Drive 73 Konley Drive 111 West View Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Marvin & Annabel Messing 77 Konley Drive Kalispell, MT 59901 Robert 8s Joan Gates, Jr. 136 West View Drive Kalispell, MT 59901 Gary & MaryAnn McClarty 88 West View Drive Kalispell, MT 59901 Uwe 8s Heidi Schaefer 10150 Reese Circle Prunedale, CA 93907 Jeffrey Laverdiere 268 Empire Loop Kalispell, MT 59901 Joseph Bruce 27 Parkview Drive Kalispell, MT 59901 Gavin 8s Kathy Corrigan 121 West View Drive Kalispell, MT 59901 Roger 8, Kathleen Rich P.Q. Bozo 7084 Kalispell, MT 59904 Keith Beck Sonhui Kang 82 West view Drive Kalispell, MT 59901 Dana Christensen 64 West View Drive Kalispell, MT 59901 Tarnmy Mallette 520 Lore Lake Road Kalispell, MT 59901 Delores Stroh, Comp. Spec. DQR, Liquor Licensing P.Q. Box 1712 Helena, MT 59604-1712 Donald & Rachelle Hines P.Q. Box 2721 Kalispell, MT 59903 Russell & Carol Winters 120 West View Drive Kalispell, MT 59901 Cheryl Agan 76 West View Drive Kalispell, MT 59901 John 8. Nancy Faure 175 Brook Drive Kalispell, MT 59901 Francis 8s Monte Cre Bennett 42720 S Morton Road Kennewick, WA 99337 No. 10641 NOTICE OF PUBLIC HEAPING KALISPELL Cl PLANNING ,C,ARD Ai4D ZONING COMMISSION June 13, 2006 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, June 1.3. 2006 beginning at 7,.pp PM 0 the Kalispell CIty Council Chambers, Kafispell City Hail, 312 First Avenue East, Ka- lispell. The planning board will hold a public v a ispe a hearing and take public amend the Kalispell comments on the follow- Growth Policy 202C tv ing agenda items. The expanding the bour.1-1 - Board will make a rec- lies of the Growth Peiicv ommendation to the Ka- northward using the lispe!! City Council who Stillwater River as the will take final action. western boundary, 1. A request b Allen Church and Birch Drives q Y as the northern boun- and: Virginia Riebe, Wil- dary and generally fol- liam and Cindy Riebe lowing U.S. Highway 2, and Polly Webster for south to Rose Crossing. annexation, initial zon- The Growth Policy ing and subdivision of amendment is intended approximately 12.8 to give broad policy di - acres located at 386 rection to growth in this and 394 Three Mile area should property Drive, Kalispell. The owners wish to annex to properties are currently the city. The policy an - zoned County R-1 (one ticipates the extension acre minimum tot size). of urban services includ- The owners have peti- ing sewer and water into tioned to annex into the this area over time am City of Kalispell and is designed to give guid- have requested the City ante to this associated R-2 (9,600 square foot growth. minimum lot size) a5 well as proposing a 23 5 A request by the lot residential subdivi- city of Kalispell to sion. The lots within the y p subdivision would range amend Section from 15.000 square feet 27.26.040(11) of the Ka- to 27.6170 square feet - The Zoning Ordinance The properties included specifically to allow for in 'he annexation, initial required parking within zoning and subdivision the Special Parking can be described as As- Maintenance District sessors Tracts 3AHB, No. 2 (Downtown byKala 3AC, 3AD, 3AB, and Pell) to be met by a 3ACA located within cash -in -lieu of parking Section 12, Township Payment. In addition, it 28 North, Range 22 Parking Maintenance osed el West. District No. 2 boundary 2. A request by Wayne (Appendixexpanded Figure 2) Turner to amend Empire be the Kalispell Center Mall Estates Phase 5 and bounded by Center add 7 lots to the ap Street, Fifth Avenue proved preliminary plat. West, the BN RR Phase 5 includes ?2.3 acras with preliminary Tracks and North Main plat approval for 64 lots. atreet. Due to a change in ac- Documents pertaining ress m Phase 5 and a to the agenda items are reoesign of the subdivi- on file for public inspec- sicn roads and lots the tion at the Kalispell ,wi,er ;gas left with ad- Planning Department. i,iticnai land outside of 17 Second Street East. -n-, -"34 )!eliminary ap- Suite 211. Kalispell. M - ❑ro.ed oms It is on this 59901. and are <:•va: a- ata::::ticr;ai land the own- ble for public er ;'e;auasting to add 7 during regular o.:.. he property ;s hours. nr.�=d R-4 (Two Family Residential). The prou- err= ,-an be describer as -.ssesser'� Traci ted othin the �sJ ;a .* Secvn--o,,v28 ;, 11.11..r:h :Car....-. . _ Interested persons -are 3. A request by Sari encouraged to attend- Johnsc to change the the hearing and make zoning on a 9,4Cp their views and. con - square foot lot located ce.rrts known to. the on the west side of Board.. Wiitten com-. Meridian Road from R-4 ments may be submit - (Two Family Residen- led to the Kalispell Plan=: tiall to R-5 ning. Department at the ,Residential/Professlo- above address; prior.to: nal Office). The property thm date of. the hearing. is developed with a sin- or you:: may nail. us. at gle family residence at �4A6:);.751-185Q; or e- 130 Meridian Road and maill:us. at; planniiig0ka- can be described as Lct lispell:corrt:. for.: additional 1 of Block 1, Meridian inforrnatiom, Addition located within Section 13. Township . /s/Sean.Conrad; , for :. 28 North; Range 22 Thomas.R Lentz. West. Plannin.q.Director 4. A request by the May 28, 2t7Q6: Sit of K I' ll ' STATE OF MONTANA FLATHEAD COUNTY IDAVIT OF PUBLICATION CHR.IS 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 MONTANT A, AND THAT NO. 10641 LEGAL ADVERTISMENT 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 28, 2006 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 THE SAME SIZE TYPE AND PUBLISHED FO THE SAME -,NUMBER OF INSERTIONS. Subscribed and sworn to , Before me this MAY 30, 2006 ---- 9LL20i_y_ Notary Public for the State of Montana Residing in Kalispell My Commission expires 9111/09 ORDINANCE NO.1578 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 3ABB, 3AC, 3AD, 3AB, AND 3ACA 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 (SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Allen and Virginia Riebe, William and Cindy Riebe and Polly Webster, the owners of the properties described above, petitioned the City of .Kalispell that the zoning classification attached to the above described tracts of land be zoned R-2, Single Family Residential, on approximately 12.84 acres of land, and WHEREAS, the property is located along the southern side of Three Mile Drive, approximately 400 feet west of the intersection of Three Mile Drive and Stillwater Drive, and WHEREAS, the Riebe/Webster petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-06-4, dated June 5, 2006, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-2, Single Family 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, Single Family 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-06-4. 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 properties described above as R-2, Single Family .Residential, on approximately 12.84 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 KALISPELL THIS 17TH DAY OF JULY, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor