H2. Glacier Village Greens 19 Annexation and ZoningCITY OF
KALISPELL
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: KA-21-03 — Glacier Village Greens Ph 19 Lots I IB-14B
Annexation and Initial Zoning Request
MEETING DATE: September 7, 2021
BACKGROUND: This matter is regarding a request from Go Development, LLC, for annexation
and initial zoning of R-4 (Residential) for property located at 199-211 Palmer Lane, containing
approximately 0.02 acres. The request is based on a desire to add approximately 2 feet in depth to
seven existing city sublots in Glacier Village Greens Phase 19 which were created in 2020. The
added depth would allow for more typical floor plans used throughout the other lots in the
development. The lots back up to the Village Greens Golf Course. Since the golf course is in the
county, while the existing residential lots are in the city, annexation is necessary to expand the lots
due to a city policy which would not allow lots to be split between city and county jurisdictions. The
subject property is currently within the county and zoned county R-5, which is similar to the city R-4
zone requested by the applicant. The property will be annexed under the provisions of Sections 7-2-
4601 through 7-2-4610, M.C.A., Annexation by Petition.
The property can be described as a portion of Assessors Tract 1 in the Southeast Quarter of the
Northwest Quarter and in the Southwest Quarter of the Northeast Quarter of Section 32, Township 29
North, Range 21 West, P.M.M., Flathead County, Montana. A full legal description is attached as
Exhibit A.
The Kalispell Planning Board held a duly noticed public hearing on August 10, 2021, to consider the
annexation and initial zoning request. Staff presented staff report KA-21-03 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.
No public comments were received at the public hearing. The hearing was then closed, and a motion
was presented to adopt staff report KA-21-03 as findings of fact and recommend to the Kalispell City
Council that the property be annexed with an initial zoning of R-4. 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
6049, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including
therein as an annexation a portion of Assessors Tract 1 in the Southeast Quarter of the Northwest
Quarter and in the Southwest Quarter of the Northeast Quarter of Section 32, Township 29 North,
Range 21 West, P.M.M., Flathead County, Montana.
It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1863,
an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance
1677, by zoning certain real property described as a portion of Assessors Tract 1 in the Southeast
Quarter of the Northwest Quarter and in the Southwest Quarter of the Northeast Quarter of Section
32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana., as City R-4
(Residential), 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 6049
Ordinance 1863
August 10, 2021, 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. 6049
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS A PORTION OF ASSESSOR'S TRACT 1 IN THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND IN THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH,
RANGE 21 WEST, P.M.M, FLATHEAD COUNTY, MONTANA, AND AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS GLACIER
VILLAGE GREENS 19 ADDITION NO. 453, TO ZONE SAID PROPERTY IN
ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE
AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from Go Development, LLC, the owner of
the above -referenced property, requesting 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-21-03, dated August 3, 2021; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City R-4, Residential, 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 described as a portion of Assessor's Tract 1 in the
Southeast Quarter of the Northwest Quarter and in the Southwest Quarter of
the Northeast Quarter of Section 32, Township 29 North, Range 21 West,
P.M.M., Flathead County, Montana, be annexed to the City of Kalispell and
the boundary of the City is altered to so provide.
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 SEPTEMBER, 2021.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT A
DESCRIPTION- (Marcel to be annexed to City of Kalispell)
A PARCEL OF LAND, SITUATED, LYING, AND 13FING IN THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER AND IN THE SQUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 32., TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD
COUNTY, MONTANA, AND MORE PARTICULARLY DESMBEL7 AS FOLLOWS TO WIT:
REGINNFN"G at the southwest corner of Lot 1 I of rht Plat of Glacier Village Greens, Pbase XIX (records
of Flathead County, Mommna); Thence N7955'45"F. 51.54 feet, Thence N7! "04"41"E 64AS feet -.Thence
N58049'44"L 64.45 feet; Thence N46°2948"E 64.45 feet; Thcnec N34"0951 "E 64.45 icet; Thence
N21°49'55"E 64.45 feet; Thence N11°15139"I; 64.69 feet; Thence S09°2958"W 64.88 feet; Thence
S21"49'55''W 64,88 feet; Thence S34'�09'51"W 64.88 reef; Thence 54612948"W 64.88 feet; Thence
S58049'44''W 64.98 feet; Thence 571 °09'4l"W 6488 feet; Thence S8104847"W 51.66 feet to the point of
beginning and containing 0.017 ACRES; Subject to and together withal] appurtenant easements of record.
ORDINANCE NO. 1863
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 A PORTION OF
ASSESSORS TRACT 1 IN THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER AND IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY R-5) TO CITY R-4 (RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Go Development, LLC, 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-4 on approximately 0.02 acres of land; and
WHEREAS, the property is located at 119-211 Palmer Lane; and
WHEREAS, Go Development's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-21-03, dated August 3, 2021, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-4, Residential, as requested by the petition;
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, 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-21-03.
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-4, Residential, on
approximately 0.02 acres 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 DAY OF 2021.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
AUGUST 10, 2021
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and Zoning
CALL
Commission was called to order at 6:00 p.m. Board members present
were Chad Graham, Doug Kauffman, Rory Young, Joshua Borgardt,
Kurt Vomfell and Ronalee Skees. George Giavasis was absent. PJ
Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell
Planning Department. Keith Haskins represented the Kalispell Public
Works Department.
APPROVAL OF MINUTES
Vomfell moved and Kauffman seconded a motion to approve the
minutes of the July 13, 2021, meeting of the Kalispell City Planning
Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
Mark Noland — 8 Hathaway Lane — state representative out of the
Bigfork area and noted that he is interested to hear about what the
council has to say about the Marijuana Dispensaries on tonight's work
session agenda so that he can report back to his committee.
KA-21-03 — GLACIER VILLAGE
File #KA-21-03 — A request from Go Development, LLC for annexation
GREENS
and initial zoning of R-4 (Residential) for property located adjacent to
the rear of properties at 199-211 Palmer Drive, containing approximately
0.02 acres. The request is based on a desire to add approximately 2 feet
in depth to seven existing city sublots.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KA-21-03.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-21-03 as findings of fact and
recommend to the Kalispell City Council that the property be annexed and
the zoning for the entire property be city R-4 (Residential).
BOARD DISCUSSION
None.
PUBLIC COMMENT
None.
MOTION
Kauffman moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-21-03
as findings of fact and recommend to the Kalispell City Council that the
property be annexed and the zoning for the entire property be city R-4
(Residential).
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Young recused himself because he is a representative for the Silos
project.
Kalispell City Planning Board
Minutes of the meeting of August 10, 2021
Pagel
KCU-21-06 — THE SILOS
File #KCU-21-06 - A request from Big Sky Investments Kalispell, LLC
(The Silos) for a conditional use permit to allow additional height over
60 feet for buildings on property located within the B-3 (Core Area
Business) zone. The property is being redeveloped, but has recently
contained various buildings, grain silos, and railroad tracks. The
existing silos will remain in place with the addition of a restaurant on
top, and new multi -family residential buildings will be constructed. The
height of the silos with the restaurant will be approximately 110 ft and
the height of the multi -family buildings will be approximately 70 feet.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
#KCU-21-06.
The staff recommends that the Kalispell Planning Board adopt staff report
#KCU-21-06 as findings of fact and recommend to the Kalispell City
Council that the conditional use permit be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
Kauffman asked about projected use inside the Silos. Sorensen
responded it will be limited to mechanical type of uses such as elevators
and water boosters.
Vomfell feels that the three crossings seem a little excessive, Sorensen
noted that the site review process has not yet begun and that the site
review committee will try to reduce the crossings as much as they can.
PUBLIC COMMENT
Toby McIntosh — Jackola Engineering — representative for the applicant
— mentioned that they are still working on the structural analysis of the
grain elevators such as scanning to find rebar and concrete thickness. He
also offered to answer any questions.
LaRae Miller — 62 6t1i Ave " — she is concerned with the amount of
people that will be housed in the apartments on the NE corner because
they are so close to her property. She is also wondering if the alley
behind her house will be opened to through traffic, right now it is closed
off by a chain link fence.
MOTION
Vomfell moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt staff report #KCU-21-06
as findings of fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the conditions listed in the
staff report.
BOARD DISCUSSION
Vomfell noted he likes the condition limiting the number of crossings on
the property. Kauffinan agreed, he would like to see the crossings
limited to one.
Skees asked staff is the public comment regarding the alley way could
be addressed. Sorensen noted that this CUP is for the additional height
of the buildings not for the multifamily use, so the board really isn't
looking at density or increased traffic with this CUP. At this point a
traffic impact study has not been completed and is not required until the
building permit application is turned in.
Kalispell City Planning Board
Minutes of the meeting of August 10, 2021
Page 12
Graham noted he likes the gabled rooves.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RE -SEATED
Young re -seated.
OLD BUSINESS
Nygren updated board on recent City Council meeting.
NEW BUSINESS
Nygren updated board on September 14t1i Planning Board agenda.
ADJOURNMENT
The meeting adjourned at approximately 6:37pm.
Chad Graham
President
APPROVED as submitted/amended:
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of August 10, 2021
Page13
GLACIER VILLAGE GREENS PH 19 ANNEXATION
ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION
STAFF REPORT #KA-21-03
KALISPELL PLANNING DEPARTMENT
AUGUST 3, 2021
This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a
request from Go Development, LLC for annexation and initial zoning of R-4 (Residential) for
property located at 199-211 Palmer Lane, containing approximately 0.02 acres. A public hearing
has been scheduled before the Planning Board for August 10, 2021, 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
The request is based on a desire to add approximately 2 feet in depth to seven existing city sublots
in Glacier Village Greens Phase 19 which were created in 2020. The added depth would allow for
more typical floor plans used throughout the other lots in the development. The lots back up to
the Village Greens Golf Course. Since the golf course is in the county, while the existing
residential lots are in the city, annexation is necessary to expand the lots due to a city policy which
would not allow lots to be split between city and county jurisdictions. The subject property is
currently within the county and zoned county R-5, which is similar to the city R-4 zone requested
by the applicant.
This report evaluates the application in accordance with state and local regulations. The annexation
request and initial city zoning classification will be reviewed in accordance with Section
27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the
provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory
basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning
Ordinance and 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.
A. Petitioner / Owner: Go Development, LLC
115 Taelor Road
Kalispell, MT 59901
B. Location and Legal Description of Properties: The property is located at 199-211 Palmer
Drive in Glacier Village Greens and can be described as a portion of Assessors Tract 1 in the
Southeast quarter of the Northwest Quarter and in the Southwest Quarter of the Northeast
Quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. Existing Land Use and Zoning: Glacier Village Greens is a residential community and
related golf course. The residential area is zoned R-4 and is in the city, while the golf course
is zoned county R-5.
D. Proposed Zoning: The proposed zoning is city R-4 (Residenital). The Kalispell Zoning
Regulations state that the intent of the R-4 zoning district is a district "comprised of primarily
single-family and duplex dwellings. Development within the district will require all public
utilities, and all community facilities. This zoning district would typically be found in areas
designated as urban residential on the Kalispell Growth Policy Future Land Use Map."
AL Kalispell Zoning Exhibit - July 12th, 2021
NORTH Village Greens Annexation
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Date: J* 121n. 2u21 _?%fteh. I(alispcil Development senxea
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E. Size:
The subject property is
approximately 0.02 acres.
F. Adjacent Zoning:
North: City R-4/ County R-5
East: City R-4/County R-5
West: City R-4/County R-5
South: City R-4/County R-5
G. Adjacent Land Uses:
North: Single-family/golf course
East: Single-family/golf course
West: Single-family/golf course
South: Single-family/golf course
H. General Land Use Character: The general land use of the area a single-family residential
area located on a golf course. The development of the area has occurred over the course of
thirty years and is an established residential neighborhood that is still seeing the final phases
of home construction. The bluffs overlooking the property also are developed with single-
family homes.
L Utilities and Public Services: Water and sewer service are available in the immediate
vicinity. The mains were recently installed as part of the development of this phase of the
project. If any extensions were necessary to provide service, they would need to be designed
and installed by the property owner subject to review and approval by the Kalispell Public
Works Department under the City of Kalispell Standards for Design and Construction.
Sewer:
City of Kalispell
Water:
Evergreen Water
Refuse:
Evergreen Disposal
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwestern Energy
Telephone:
CenturyLink
Schools:
School District 5 — Edgerton Elementary/Glacier High School
Fire:
Evergreen Rural Fire/City of Kalispell upon annexation
Police:
Flathead County Sheriff/City of Kalispell upon annexation
ATE*A MgN1='B MJ E '.. •
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SUB. ECT
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I. ANNEXATION EVALUATION
A. Compliance with the growth policy: Two primary means for managing growth in the
City of Kalispell are redevelopment/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. Chapter 9, Public Infrastructure and
Services, includes a goal to "make public water and sewer available to areas that are in
close proximity to services," and annexation allows for such extensions to happen.
In addition, 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 annexation. The
property proposed for annexation falls inside the city's direct annexation boundary.
B. Municipal Services: The City of Kalispell has an extension of services plan that details
how services would be extended to the annexed property and services were recently
extended to the existing lots pursuant to that policy. Both sanitary sewer and water service
are available within the right-of-way adjacent to the property, although the water service is
provided by Evergreen Water. Any additional extensions necessary to provide service
will need to be designed and installed by the property owner subject to review and approval
by the Kalispell Public Works Department under the City of Kalispell Standards for Design
and Construction.
The existing lots being expanded are currently within the city and are protected by the City
of Kalispell Fire and Police Departments, although the 2-foot area being annexed is
currently under the jurisdiction of the Evergreen Rural Fire District and the Flathead
County Sheriff's office. The applicant has submitted a Notice of Withdrawal from Rural
Fire District. At the time of annexation, the property will be served by the Kalispell Police
and Fire Departments. The site lies approximately 1.7 miles from Fire Station 62 and 2.7
miles from Fire Station 61, and is readily serviceable by the city fire, police, and ambulance
services.
Given the level of existing services available to the property, annexation will not
overburden the municipal services in place.
C. Distance from current city limits: The subject property is immediately adjacent to the
existing city limits line.
D. Cost of services: The typical cost of service analysis used by the City does not work well
within this situation. The seven sublots that are expanding are already within the city limits
with all necessary infrastructure in place. The added two feet in depth does not change the
number of dwelling units or the likely use of the property. The potential 2-foot increase in
home size would have no discernable impact on the cost of services, but would generate a
slight increase in home value and tax revenue to the city. The increase in revenue would
more than offset any increase in cost of services.
E
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 R-5 (Two Family Residential). The applicants are requesting city R-4
(Residential).
The Kalispell Zoning Regulations state that the intent of the R-4 zoning district is a district
"comprised of primarily single-family and duplex dwellings. Development within the
district will require all public utilities, and all community facilities. This zoning district
would typically be found in areas designated as urban residential on the Kalispell Growth
Policy Future Land Use Map."
IKalispell Growth Policy Exhibit - July 12th, 2021 I
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1. Does the requested zone comply with
the growth polio
The Kalispell Growth Policy Future Land
Use Map designates the subject property as
Urban Residential. The zoning ordinance
contemplates R-4 as an appropriate zone
within that land use designation and the
adjoining land within the city limits is also
zoned R-4. The requested zone complies
with the growth policy.
2. Will the requested zone have an effect
on motorized and non -motorized
transportation systems?
The access for the property is onto
Palmer Drive, a public road which then
provides common access to West Evergreen
Drive. Since the existing lots have already
been final platted with infrastructure in
place, annexation and zoning of the
additional two feet would not change, the
impact on the transportation systems and the
proposed zone will not have a significant
impact on the transportation systems.
R
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/fire protection and sewer service will be
available upon annexation, although solid waste will continue to be private and water is
through Evergreen Water.
4. Will the requested zone promote the public health, safety and general welfare?
The general health, safety, and welfare of the public will be promoted through general
city regulations designed to regulate allowable uses. In this case, the requested zoning
classification of R-4 will promote the health and general welfare by restricting land uses to
those that would be compatible with the adjoining properties and those in the vicinity.
5. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for any development occurring on this site are
established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided.
6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
All public services and facilities are available to the property.
7. Will the requested zone promote compatible urban growth?
The requested zoning is consistent with the type of growth projected for this area and is
consistent with the current zoning in the county for the properties at this intersection. The
proposed district maintains and is compatible with the established land use pattern in this
area.
8. Does the requested zone give consideration to the character of the district and its particular
suitability for particular uses?
The proposed R-4 Zoning District is consistent with the surrounding residential development
in the immediate and general area. The proposed zone fits into that overall pattern and gives
due consideration of the suitability of this property for the allowed uses in the zoning district,
such as proximity of city services.
9. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-4 Zoning District will
promote compatible and like uses on this property as are found on other properties in the
area. Future development on the property will be reviewed for compliance with the
dimensional standards and design review criteria to ensure its appropriateness for the area
and compatibility with the surrounding neighborhood.
M
10. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
Urban scale development should be encouraged in areas where services and facilities are
available. In this case, water and sanitary sewer are located within the public right-of-way
adjacent to the property. The proposed zoning is consistent with the growth policy and is
compatible with current zoning in the immediate area.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff
Report #KA-21-03 as findings of fact and recommend to the Kalispell City Council that the property
be annexed and the zoning for the entire property be city R-4 (Residential).
7
Development Services
CITY 3 . Department
KAILISPEILIL 201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
PETITION FOR ANNEXATION AND INITIAL ZONING
Email: l�g(ftalispell.com Website: www.kalisr)ell.com
Project Name
GVG 19 Annexation
Property Address
199, 201, 203, 205, 207, 109, & 211 Palmer Dr
NAME OF APPLICANT
Go Development - Mark Owens
Applicant Phone
(406) 755-5666
Applicant Address 115 Taelor Rd
city, State, Zip Kalispell, MT 59901
Applicant Email Address
mark@owlcorpmt.com and gaylon@owicorpmt.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD Same
Owner Phone
I
Owner Address
City, State, Zip
Owner Email Address
CONSULTANT (ARCHITECTIENGINEER)
Sands Surveying, Inc
Phone
755-6481
Address
2 Village Loop
Zip City, State,
Kalispell, MT 59901
Email Address
eric@sandssurveying.com
POINT OF CONTACT FOR REVIEW COMMENTS
Sands Surveying
Phone
Address
City, State, Zip
Email Address
List ALL owners (any individual or other entity with an ownership interest in the property):
All property to be annexed is owned by Go Development.
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
See Attached
Please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
C31'1'Y UI-
KALISPELL
1. Land In project (acres) 0.017 ac
2. Current estimated market value $1000.00
Estimated market value of proposed development at 50% build out
Estimated market value of proposed development at 100% build out
$ N/A
$ Nla
3. Is there a Rural Fire Dept RSID or Bond on this property? n YES I r l NO
If yes, remaining balance is: $
4. Present zoning of property R-5 County
5. Proposed zoning of property R-4
6. State the changed or changing conditions that make the annexation necessary:
The applicant wanted to add approximately 2 feet tp the rear of Lots 11 B - 14B in order to fit the proposed house plan
Development Services
Department
201 1st Avenue East
Kalispell, MT59901
Phone (406) 758-7940
HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wl answers):
a. Promoting the Growth Policy
b. Lessening congestion in the streets and providing safe access
c. Promoting safety from fire, panic and other dangers
Promoting the public interest, health, comfort, convenience, safety and general welfare
e. Preventing the overcrowding of land
f. Avoiding undue concentration of population
g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities
h. Giving reasonable consideration to the character of the district
i. Giving consideration to the peculiar suitability of the property for particular uses
j. Protecting and conserving the value of buildings
k. Encouraoina the most aoaronriate use of land by assuring orderly arowth
hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein,
on all other submitted forms, documents, plans or any other information submitted as a part of this application, to
be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in
connection with this application be incorrect or untrue, I understand that any approval based thereon may be
rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell
City staff to be present on the property for routine monitoring and inspection during the approval and development
process.
Signature
Date
Development Services
c=; , Y cat
Department
201 1st Avenue East
ALISPEI L
5�x
Phone
Phone(4p6) 758-7940
APPLICATION PROCESS
(application must be received and accepted by the
Kalispell Planning Department 35 days prior to the
Planning Board Hearing)
A pre -application meeting with a member of the planning staff is required.
Application Contents:
1. Completed application form & attachments
2. Completed Petition to Annex and Notice to Withdrawl from the
Rural Fire District form (attached), including an Exhibit A, legal
description of the property.
3. A bona fide legal description of the subject property and a map
showing the location and boundaries of the property.
'Note - verify with the Flathead County Clerk &
Recorder that the legal description submitted is
accurate and recordable. They can be reached at (406)
758.5526.
4. Electronic copy of the application materials submitted. Either
copied onto a disk or emailed to planning@kalispell.com (Please
note the maximum file size to email is 20MB)
5. Application fee based on the schedule below, made payable to
the City of Kalispell:
Annexation $250
(includes initial zoning) plus $20 per acre
GVG 19 Annexation
Supplemental Information
a. Promoting the Growth Policy
The Kalispell Growth Policy Map designates_ lots 11 B through 14B of Glacier Village Greens
Phase 19 along with the golf course these lots back up to as Urban Residential. The intent of this
annexation is to add two feet of the Golf Course property, that happens to be in the County, to
Lots 11 B — 14B which are in the City. The_ _small annexation is in compliance with Kalispell's
Growth Policy.
b. Lessening congestion in the streets and providing safe access
The annexation will add approximately two feet of propety to the seven lots already existing in
Glacier Village Greens, Phase 19 (GVG 19). There will be no impact to streets or access.
c. Promoting safety from fire panic and other dangers
The lots within GVG 19 have been reviewed and approved by City of Kalispell staff and elected
officials. The property is not in a floodplain or other hazardous area
d. Promoting Public interest, health, comfort, convenience, safety and general welfare
Adding two feet of property to the existing lots will have no impact on health, safety. or general
welfare.
e. Preventing the overcrowding of land
Adding two feet of land to the existing seven lots will not overcrowd the land.
f. Avoiding undue concentration of population
Adding two feet of land to the existing seven lots will not create an undue concentration of people.
g. Facilitating the adequate provisions of transportation, water, sewage, schools, parks, and
other public facilities.
The existing seven lots in GVG 19 are already served by streets, water, sewer, etc. The addition
of two feet of land to these seven lots will not alter nor impact the services or service Rroviders of
the properties.
h. Giving reasonable consideration to the peculiar suitability of the property for particular uses
The annexation will take 0.17 acres out of the Glacier Village Greens Golf Course and add the
land to the seven. lots in the GVG 19 subdivision. The existing uses will not be impacted by the
annexation or the following Amended Plat(Boundary Line Adjustment).
i. Protecting and conserving the value of buildings
The intent of this annexation and following boundary line adjustment is to expand the building
envelop slightly to fit the floor plan proposed for these lots. The annexation will conserve the
value of buildings.
j. Encouraging the most appropriate use of land by assuring orderly growth
The annexation and zoning will not add any growth potential to the City of Kalispell. This
application is merely adding a small amount of prol2erty to the existing seven lots within GVG 19.
DESCRIPTION: (Parcel to be annexed to City of Kalispell)
A PARCEL OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER AND IN THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD
COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the southwest corner of Lot 11 B of the Plat of Glacier Village Greens, Phase XIX (records
of Flathead County, Montana); Thence N79135'45"E 51.54 feet; Thence N71 °09'41 "E 64.45 feet; Thence
N58049'44"E 64.45 feet; Thence N46°29'48"E 64.45 feet; Thence N34°09'51 "E 64.45 feet; Thence
N21049'55"E 64.45 feet; Thence N11°15'39"E 64.69 feet; Thence S09°29'58"W 64.88 feet; Thence
S21"49'55"W 64.88 feet; Thence S34009'51"W 64.88 feet; Thence S46°29'48"W 64.88 feet; Thence
S58049'44"W 64.88 feet; Thence S71 °09'41 "W 64.88 feet; Thence S81 048'47"W 51.66 feet to the point of
beginning and containing 0.017 ACRES; Subject to and together with all appurtenant easements of record.
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 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 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.
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.
Peter/Owner Date
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 ;-'5 �hday of -TL n-- , 90?I, before me, the undersigned, a Notary Publi • for
the State of Montana, personally appeared (l k• u-xen5 t5e-e ITit�J raS°f 6Q °pp
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
LEANN M. BARE
NOTARY PUBLIC for the
SEA L *
State of Montana
Residing at Kalispell, Montana
?�
My Commission Expires
Mo
September 22, 2021
: ss
County of Flathead County
Notary Public, State of Montana
Printed Name _
Residing at
My Commission expires:
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:
By. SANDS SURVEYING, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6481
JOB NO: 212398 (Prof. 10315)
DRAWING DATEJune 25, 2021
FOR/OWNERS.- OWL CORPORATION
GO DEVELOPMENT LLC
DESCRIPTION.• (Parcel to be annexed to City of Kalispell)
Exhibit Of
PARCEL TO BE ANNEX
TO THE CITY OF K4LW
(A Portion of COS 15027)
Located In
SE114NW114 & SW114NE114 SE(
T.29N., R.21 W., P.M.,M.,
FLATHEAD COUNTY, MONTAN.
SCALE : I' = 30'
30, 15• 0 30,
A PARCEL OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUA
AND IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 29
RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLO
WIT.•
BEGINNING at the southwest corner of Lot I1B of the Plat of Glacier Village Greens, Phase XIX (ro
of Flathead County, Montana); Thence N79.3545"E 51.54 feet; Thence N71'09'41 "E 64.45 feet; T.
N58.49 44 "E 64.45 feet; Thence N46'29 48'E 64.45 feet; Thence N34'09'51 'E 64.45 feet; Thence N21.41
64.45 feet; Thence N11'15'39T 64.69 feet; Thence S09'29'58'W 64.88 feet; Thence S21'49'55"W 64.86
Thence S34'09'51 "W 64.88 feet; Thence S462948 "W 64.88 feet; Thence S58.49'44 "W 64.88 feet; 2
S71.09'41'W 64.88 feet; Thence S81.4847"W 51.66 feet to the point of beginning and coat
0.017 ACRES; Subject to and together with all appurtenant easements of record.
(COS 16p27} W
x3 )
_ 10' �
4A
(Glacier vi11a8e Greens,
f ty sit
10' U
513
phase
XFX A�
i