I1a. Cottage Gardens Annexation (Reso 5907) and Zoning (Ord 1818)Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisnell.com/plannine
REPORT TO: Doug Russell, City Manage-N--)V,
FROM: Jarod Nygren, Senior Planner
SUBJECT: KA-18-07 — Cottage Gardens Annexation and Initial Zoning Request
MEETING DATE: January 7, 2019
BACKGROUND: Bruce Wiederspiel is requesting permission to annex a 1-acre property into the
City of Kalispell with an initial zoning of R-3 (Residential). The property is currently in the county
and zoned county AG-80 (WO). The 1-acre property will be annexed under the provisions of
Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Upon annexation by the city,
the property will be served by city police, fire and have access to city sewer and water services. The
initial city zoning classification was reviewed in accordance with Section 27.03.010(4) of the
Kalispell Zoning Ordinance and the itemized criteria described by 76-2-304, M.C.A.
The subject property is located at 645 Three Mile Drive. The property can be legally described as
Tract 1A in the SW4 and SE4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana.
The Kalispell Planning Board held a duly noticed public hearing December 11, 2018, to consider the
annexation and initial zoning request. Staff presented staff report KA-18-07 providing details of the
proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as
findings of fact, and recommend to the Council that the annexation and initial zoning request be
granted.
During the public comment portion of the hearing, a representative of the applicant spoke in favor of
the request. There being no further public testimony, the public hearing was closed and a motion was
presented to adopt staff report KA-18-07 as findings of fact and recommend to the Kalispell City
Council that the property be annexed with an initial zoning of R-3. Board discussion concluded that
the request was appropriate, and the motion passed unanimously on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
5907, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including
therein as an annexation Tract IA in the SW4 and SE4 of Section 2, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana.
It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1818,
an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance
1677, by zoning certain real property described as Tract IA in the SW4 and SE4 of Section 2,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana to City R-3 in accordance
with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5907
Ordinance 1818
December 11, 2018, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5907
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 TRACT 1A
IN THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 2,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
TO BE KNOWN AS COTTAGE GARDENS ADDITION NO. 441; 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 Bruce Wiederspiel, the prospective
owner of property located at 645 Three Mile 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 petitioner's Annexation
Request, #KA-18-07, dated November 30, 2018; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-3, Single Family Residential, on approximately 1.00 acre
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 1. 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 Cottage Gardens Addition No. 441.
SECTION 2. 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 3. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION 4. 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 7TH DAY OF JANUARY, 2019.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1818
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL
PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 1A IN THE
SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY
AG-80, AGRICULTURAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Bruce Wiederspiel, the owner 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-3,
Urban Single Family Residential, on approximately 1.00 acre of land; and
WHEREAS, the property is located at 645 Three Mile Drive; and
WHEREAS, Bruce Wiederspiel's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-18-07, dated November 30, 2018, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as described
above be zoned R-3, Urban 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-3, Urban Single Family Residential, the City Council finds such initial zoning to be
consistent with the Kalispell Growth Policy Plan -It 2035 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-18-07.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above as R-3, Urban Single Family Residential, on
approximately 1.00 acre of land.
SECTION 2. 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 3. 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 22ND DAY OF JANUARY, 2019.
ATTEST:
Mark Johnson
Mayor
Aimee Brunckhorst, CMC
City Clerk
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
December 11, 2018
CALL TO ORDER AND ROLL CALL
The regular meeting of the Kalispell City Planning Board and Zoning
Commission was called to order at 6:00 p.m. Board members present were:
Doug Kauffman — acting president for KZC-18-05, Rory Young — acting
president for KA-18-07, Kurt Vomfell, Joshua Borgardt and Ronalee Skees.
Chad Graham & George Giavasis were absent. Jarod Nygren, Tom Jentz and PJ
Sorensen represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Skees moved and Young seconded a motion to approve the minutes of the
November 13, 2018 meeting of the Kalispell City Planning Board and Zoning
Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT
None.
BOARD MEMBER SEATED
Young recused himself; he is a representative for Kalispell North Town Center
KZC-18-05 — KNTC ZONE CHANGE
A request from the Stillwater Corporation to amend the City of Kalispell zoning
map. The requested zone map amendment is located entirely within the
Kalispell North Town Center Planned Unit Development (previously known as
The Glacier Town Center PUD).
STAFF REPORT
Jarod Nygren representing the Kalispell Planning Department reviewed Staff
Reports #KZC-18-05.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KZC-18-05 as findings of fact and recommend
to the Kalispell City Council that 9.4 acres of land within Kalispell North Town
Center Development currently zoned R-3 (residential) be zoned B-2 (general
business) on the Kalispell Zoning Map.
BOARD DISCUSSION
None.
PUBLIC HEARING
Debbie Street —1400 Rose Crossing — concerned with public safety and increase
in accidents that increased traffic on Rose Crossing might bring.
Mike Fraser — 690 N Meridian #103 — concerned with overall traffic impact
MOTION
Skees moved and Vomfell seconded a motion that the Kalispell City Planning
Board and Zoning Commission adopt Staff Report #KZC-18-05 as findings of
fact and recommend to the Kalispell City Council that 9.4 acres of land within
Kalispell North Town Center Development currently zoned R-3 (Residential) be
zoned B-2 (General Business) on the Kalispell Zoning Map.
BOARD DISCUSSION
Skees asked staff if there is anything we as a city can do on a county road like
Rose Crossing to address safety concerns. Nygren reminded the board that the
city has certain traffic standards that have to be met in order for applications to
be reviewed so traffic safety and concerns are all being looked at.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD MEMBER RE -SEATED
Young re -seated.
Kalispell City Planning Board
Minutes of the meeting of December 11, 2018
Page I 1
BOARD MEMBER SEATED
Kauffman recused himself; he is a representative for Bruce Wiederspiel.
KA-18-07 — COTTAGE GARDENS
Bruce Wiederspiel is requesting permission to annex a 1-acre property into the
KPP-18-09 —COTTAGE GARDENS
City of Kalispell with an initial zoning of R-3 and major subdivision approval
for a 37-lot single-family subdivision.
STAFF REPORT
Jarod Nygren representing the Kalispell Planning Department reviewed Staff
Reports #KA-18-07 & KPP-18-09.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KA-18-07 as findings of fact and recommend to
the Kalispell City Council that the property be annexed and the zoning for the
property be R-3 (Residential).
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KPP-18-09 as findings of fact and recommend
to the Kalispell City Council that the preliminary plat Cottage Gardens be
approved, subject to the conditions listed in the staff report.
BOARD DISCUSSION
None.
PUBLIC HEARING
Doug Peppmeier — 450 Corporate Dr. — representative for applicant offered to
answer any questions and noted that the applicant agrees with the staff report.
MOTION — KA-18-07
Vomfell moved and Borgardt seconded a motion that the Kalispell City Planning
Board and Zoning Commission adopt Staff Report #KA-18-07 as findings of fact
and recommend to the Kalispell City Council that the property be annexed and
the zoning for the property be R 3 (Residential).
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION — KPP-18-09
Vomfell moved and Skees seconded a motion that the Kalispell City Planning
Board and Zoning Commission adopt Staff Report #KPP-18-09 as findings of
fact and recommend to the Kalispell City Council that the preliminary plat
Cottage Gardens be approved, subject to the conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD MEMBER RE -SEATED
Kauffman re -seated.
OLD BUSINESS
Nygren updated the board about the Downtown Urban Renewal Plan
NEW BUSINESS
Board member Ronalee Skees advised the board and staff that she will be
absent for the January 2019 through the April 2019 meetings. The board agreed
that a replacement would not need to be found.
ADJOURNMENT
The meeting adjourned at approximately 6:45pm.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be on Tuesday, January
8, 2019 at 6:00 p.m. and is located in the Kalispell City Council Chambers, 201
151 Ave East.
Chad Graham
Kari Hernandez
Kalispell City Planning Board
Minutes of the meeting of December 11, 2018
Page 12
President
APPROVED as submitted/amended:
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of December 11, 2018
Page 13
COTTAGE GARDENS
ANNEXATION AND INITIAL ZONING OF R-3 UPON ANNEXATION
STAFF REPORT #KA-18-07
KALISPELL PLANNING DEPARTMENT
November 30, 2018
A report to the Kalispell City Planning Board and the Kalispell City Council
regarding a request to annex 1-acre of land into city limits with an initial zoning
designation of R-3. A public hearing has been scheduled before the planning board
for December 11, 2018, beginning at 6:00 PM in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the Kalispell City
Council for final action.
BACKGROUND INFORMATION:
Bruce Wiederspiel is requesting permission to annex a 1-acre property into the
City of Kalispell with an initial zoning of R-3. The 1-acre property will be annexed
under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation
by Petition. Upon annexation by the city, the property will be served by city
police, fire and have access to city sewer and water services. The initial city
zoning classification will be reviewed in accordance with Section 27.03.010(4) of
the Kalispell Zoning Ordinance and the itemized criteria described by 76-2-304,
M.C.A.
A. Petitioner: Bruce Wiederspiel
2782 Columbia Falls Stage Road
Columbia Falls, MT 59912
Technical Assistance: TDH Engineering
450 Corporate Drive, Suite 101
Kalispell, MT 59901
B. Location and Legal Description of Property:
The property is located at 645 Three Mile Drive. The property can be legally
described as Tract lA in the SW4 and SE4 of Section 2, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning:
The subject property is undeveloped farmland. The 1-acre property is under
Flathead County jurisdiction and is part of the West Valley Zoning District,
or West Valley Overlay (WO), which is currently zoned AG-80,
Agricultural. The AG-80, Agricultural zoning has an 80-acre minimum lot
size requirement. The purpose of the AG-80 Zoning District is to protect
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and preserve agricultural land for the performance of a wide range of
agricultural functions. It is intended to control the scattered intrusion of
uses not compatible with an agricultural environment, including, but not
limited to, residential development.
Proposed Zoning:
The proposed zoning for the subject property is City R-3 (Residential). The
Kalispell Zoning Regulations state that the intent of the R-3 zoning district
is "to provide areas for urban residential development. This district should
have good thoroughfare access, and be in proximity to community and
neighborhood facilities, i.e., schools, parks, shopping areas, etc.
Development within this district must be served by all public utilities. This
zoning district would typically be found in areas designated as suburban
residential or urban residential on the Kalispell Growth Policy Future Land
Use Map."
Size: The subject property is 1-acre.
Adjacent Land Uses:
North: Single-family residence and Spring Creek
East: Single-family homes on large tracts and Spring Creek
South: Single-family homes and Three Mile Drive
West: Single-family residence (including townhouses)
Adjacent Zoning:
North: City R-3 and County SAG-5
East: County AG-S-WVO
South: City R-3
West: City R-2 / PUD
General Land Use Character:
The area can be described as a transitional area with city residential
development to the north, west and south of the project site. The residential
densities vary greatly in the area as it continues to develop from rural
residential and agriculture uses to urban residential uses. City annexations
and subsequent residential development along Three Mile Drive has
transitioned that corridor into a more urban land use. City subdivisions
along Three Mile Drive include Mountain Vista, Spring Creek Estates,
Cottonwood Park, Blue Heron, Empire Estates and Aspen Creek, which
have all developed in close proximity of the proposed development. Aspen
Knoll, Two Mile Tracts, Big Sky Homesites and Hillcrest Terrace are larger
lot county residential subdivisions that have developed along Two Mile in
close proximity to the proposed development to the south. The area clearly
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has a residential demand based off of the land use pattern in the area and
the proposed use would be considered a continuation of that pattern which
has taken advantage of the increased services in the area, including water,
sewer and the bypass.
Utilities and Public Services:
City water and sewer mains are both located within Mountain Vista Estates
to the north and west. When developed, the developer will be required to
pay the cost for the utility extensions. The design and sizing of water and
sewer extensions will be reviewed and approved by the Kalispell Public
Works Department prior to development of the site.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwestern Energy
Telephone:
CenturyLink
Schools:
School District 1, West Valley Elementary
Fire:
City of Kalispell
Police:
City of Kalispell
ANNEXATION EVALUATION
Compliance with the growth policy:
Two primary mechanisms for managing growth in the City of Kalispell exist
which are to rely on redevelopment and infill within the current city limits
or annexation of outlying areas. A goal of the growth policy is to provide a
comprehensive, effective growth management plan that provides for all the
needs of the community, is adaptable to changing trends and is attuned to
the overall public welfare. The City of Kalispell Growth Policy Plan -It 2035
contains the following goals that are relevant to this particular annexation
request:
Chapter 3, Community Growth and Design:
Goal: Encourage housing types that provide housing for all income
sectors and income levels within the community.
Recommendation: Maintain a municipal annexation program in
conjunction with the City of Kalispell water, sewer and storm
drainage systems facility plan to address service to fringe
developments.
Chapter 9, Infrastructure and Public Services:
3
Goal: Make public water and sewer available to areas that are in
close proximity to services as directed by the extension of services
plan.
Policy: Annexation to the City of Kalispell should be required when
water and sewer services are extended to an unincorporated area.
In addition, to the three cited goals, the city council adopted an annexation
policy in 2011, with a corresponding map as an addendum to the city's
growth policy document. The purpose of the annexation policy is to give
the planning board, the council, and the development community direction
when property owners outside of the city limits are requesting municipal
services and annexation. The property proposed for annexation falls inside
the city's direct annexation boundary.
2. Municipal Services:
Municipal water and sewer mains are located within Mountain Vista
Estates to the north and west and can be readily extended by the applicant
to serve the site.
The applicant has submitted a Notice of Withdrawal from Rural Fire District
for the 1-acre portion requested to be annexed. At the time of annexation,
the property will be served by the Kalispell Fire Department. The site lies
within 3.4 miles of fire station 62 and is readily serviceable by the city fire,
police and ambulance services all of which now respond to the immediately
adjacent neighborhoods within the city.
Given the level of existing services available to and in place, annexation of
the property will not overburden the municipal services in place.
3. Distance from current city limits:
The 1-acre portion of the property requesting to be annexed borders city
limits on all sides.
4. Cost of services:
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. If annexed,
the property owner will be extending and connecting to city sewer and
water at the time of development.
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A cost of services analysis has been prepared for this property. The analysis
is only an estimate based on a variety of assumptions. The analysis does
not take into consideration changes in methods of assessment and
estimated costs associated with services. The information can only be used
as a general estimate of the anticipated cost of services and revenue.
The cost to serve the land proposed for annexation is shown in the attached
cost of service analysis - Initial Annexation. Currently, the subject property
is vacant land and there will be no services provided to the property. Based
on the city's taxation and assessment policies, the property will generate
$164.48 in taxes and $960.92 in assessments. Based on this analysis, the
annexation will be gain to the city of approximately $1,125.40.
II. INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON
STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. Findings of fact for the zone change request are discussed relative to
the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020,
Kalispell Zoning Ordinance. The site is currently zoned county AG-80 (WVO).
The applicants are requesting city R-3. The Kalispell Zoning Regulations
state that the intent of the R-3 Zoning District is "to provide areas for urban
residential development. This district should have good thoroughfare access,
and be in proximity to community and neighborhood facilities, i.e., schools,
parks, shopping areas, etc. Development within this district must be served
by all public utilities. This zoning district would typically be found in areas
designated as suburban residential or urban residential on the Kalispell
Growth Policy Future Land Use Map."
1. Does the requested zone comply with the growth policy?
The Kalispell Growth Policy Future Land Use Map designates the subject
property as Suburban Residential. As stated above, the R-3 Zoning
Districts would typically be found in areas designated as Suburban
Residential on the Kalispell Growth Policy Future Land Use Map. Therefore,
the requested R-3 Zoning District complies with the growth policy, which
anticipates the R-3 Zone.
2. Will the requested zone have an effect on motorized and non -motorized
transportation systems?
The requested zone will have minimal impact to the motorized and non -
motorized transportation system as only 1-acre is being rezoned. As a whole,
the area being rezoned will be developed in conjunction with the adjacent
properties already within the city. At the time development takes place, a
traffic study will be prepared analyzing the impacts of any increased traffic
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associated with the development.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. All municipal services including police
and fire protection, water, and sewer service are available to the area.
4. Will the requested zone promote the public health, safety and general
welfare?
The requested zoning classification of R-3 will promote the health and
general welfare by restricting land uses. The land uses permitted by the
requested zone is compatible with the adjoining properties.
S. Will the requested zone provide for adequate light and air?
Setback, height, and lot 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 promote compatible urban growth?
The requested R-3 Zoning District allows the property to blend into the urban
development neighboring the property to the north, south and west. The
requested zoning district is compatible with the urban land use pattern that
is establishing in this area, which consists of urban single-family
development.
7. Will the requested zone facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available to the property.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed R-3 Zoning District is consistent with the surrounding urban
development of the area. The R-3 Zone gives due consideration of the
suitability of this property for the permitted uses in the zoning district.
9. Does the requested zone give reasonable consideration to the character of the
district?
The proposed zoning is consistent with the character of the area, which is
transitioning into an urban area with city services.
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10. Will the requested zone avoid undue concentration of people?
The requested zone is consistent with the growth policy of Suburban
Residential and surrounding city zoning district, which is also R-3. The R-3
Zoning District has a maximum density of 6,000 square feet per unit, which
is an anticipated amount of density within this area of the city.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-3 Zoning
District will promote compatible and like uses on this property as are found
on other properties in the area. Additionally, city standards and city services
will insure that there is high quality development. This in turn will maintain
the value of buildings and homes in the area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Urban -scale residential development should be encouraged in areas where
services and facilities are available. In this case water and sewer lines are
located immediately north and west of the property. The proposed zoning is
consistent with the growth policy future land use designation and is
compatible with current city zoning in the immediate area.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KA-18-07 as findings of fact and recommend to the Kalispell
City Council that the property be annexed and the zoning for the property be R-3
(Residential).
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Authentisign ID: F9FFBCD7-DF2D4C8F-A779-8F1DBF1D2AB1
PLANNING FOR THE FUTURE
M0N*AA
Planning Department
201 1s7 Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannigg
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: BRUCE R. WIEDERSPIEL & DENNIS M. WAGAR
MAIL ADDRESS: 2782 COLUMBIA FALLS STAGE ROAD
CITY/STATE/ZIP: COLUMBIA FALLS, MT 59912 PHONE
INTEREST IN PROPERTY: PURCHASERS
(406) 892-1118
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: DOUG PEPPMEIER, TDH ENGINEERING
MAIL ADDRESS: 450 CORPORATE DRIVE, STE #101
CITY/STATE/ZIP: KALISPELL, MT PHONE: (406) 751-5246
INTEREST IN PROPERTY:
TECHNICAL ASSISTANCE
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 645 THREE MILE DRIVE
Legal Description: TRACT 1A OF SEC 2, T28N, R22W AS SHOWN IN BOOK 506 PAGE 821 RECORDS OF FLATHEAD COUNTY
(Lot and Block of Subdivision; Tract #)
SE1/4 SW1/4 OF SECTION 2, T28N, R22W
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 1.0
Current estimated market value $50,000 at 50% build out
at 100% build out $250, 000
Is there a Rural Fire Department RSID or Bond on this property Yes
If yes remaining balance is $
125,000
No XX
The present zoning of the above property is: FLATHEAD COUNTY - AG-80 WVO
CITY OF KALISPELL - R-3
The proposed zoning of the above property is:
State the changed or changing conditions that make the proposed amendment necessary:
TRACT IS A PORTION OF A PROPOSED DEVELOPMENT REQUIRES A ZONE CHANGE
FOR DEVELOPMENT.
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.
Aut1 enfiSIGt-
Xaubj a Sandowen, memim 10/28/2018
pp -Icant) (Date)
i
Authentisign ID: F9FFBCD7-DF2D-4C8F-A779-8F1 DBF1 MAW
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
1. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede
filing of this application. Among topics to be discussed are: the application
procedure, compatibility and compliance with the Growth Policy, and compatibility of
the proposed zoning with surrounding zoning classifications.
2. Completed application form.
3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District
form, including an Exhibit A, legal description of the property.
4. Application fee based on the schedule below and made payable to the City of
Kalispell.
Fee Schedule:
Annexation (includes initial zoning)
$250 plus $20/acre
5. A bona fide legal description of the property from a recent survey, title report or
deed which accurately describes the property to be annexed.
2
Authentisign ID: F9FFBCD7-DF2D-4CBF-A779-6F1DBFi D2A81
Return to:
Aimee Brunckhorst
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.
Petitioner(s) hereby state that there is no need to prepare a Municipal Am ekal-ion Service Plait for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as,t6 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 VJI-T.'q- VAL4.,%<,Y Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
Authentisign ID: F9FFBCD7-DF2D-4C8F-A779-6F1DBF1D2AB1
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.
0Vf4AAE00",
Petitioner/Owner Date
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 ! , day of rt-"Z-- , JVT, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared tz. kjrezrt (CL- 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my No ry Seal the day and
year
STA
. ss
County of Flathead County
"-� A L
Notary Public, State of Montana
Printed Name Ook-�A(-� J V—A-Ir "4-t
Residing at L4 -
My Commission expires: nqjjjjA0Za
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
2
Annexation Description
A tract, piece or parcel of land situate, lying and being in the SE 1/4 SE 1/4 SW 1/4 of Section two
(2), T 28 N - R 22 W., P.M.M., Flathead County, Montana and more particularly described as
follows to wit:
Commencing at the southeast corner of the southwest quarter of said section two (2); thence S
89' 53' W., and along the southerly boundary line of the southwest quarter, 445.5 feet to a point;
thence N 1 ° 00' E., and parallel to the westerly boundary line of the SE 1/4 SW 1/4, 70.0 feet to a
point on the northerly boundary line of Montana Secondary No. 424 and the true point of
beginning of the tract of land being described; thence N 1 °00' E., and parallel to the westerly
boundary line of the SE 1/4 SW 1/4 208.7 feet to a point; thence S 89' 53' W., and parallel to the
southerly boundary line of the SE 1/4 SW 1/4, 208.7 feet to a point on the westerly boundary line of
the SE 1/4, SE %4, SW 1/4 of section 2; thence S 1° 00' W., and along the westerly boundary line of
the SE 1/4 SE 1/4, SW 1/4 , 208.7 feet to a point on the northerly boundary line of said Secondary
Highway No. 424; thence N89° 53' E., and along the northerly boundary line of said Highway,
208.7 feet to the true point of beginning of the tract of land being described, and containing
approximately, 1.0 acres of land, more or less as shown on Book 506 page 821, Records of
Flathead County, Montana.