H4. Res. 6290, Ord. 1943, Ord. 1944, Ashley Creek Annexation and Zoning
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Jarod Nygren, Interim City Manager
FROM: Donnie McBath, Planner II, Development Services
SUBJECT: Resolution 6290 and Ordinance 1943 – Ashley Creek Park Annexation,
Initial Zoning of P-1 (Public), and Ordinance 1944 - Zone Change from
City B-1 to City P-1 – Staff Reports #KA-25-07 and #KZC-25-01
MEETING DATE: September 2, 2025
BACKGROUND Bibler Resources Company and the City of Kalispell have jointly submitted
petitions for annexation and zoning related to the property commonly referred to as Ashley Creek
Park, located at 301 Fen Way.
Bibler Resources Company is a long-standing Montana corporation with property holdings in the
Kalispell area. Historically, portions of the land along Ashley Creek were used in lumber and
resource-based operations, which have since ceased. The property has remained vacant for several
years, transitioning from its industrial past toward restoration and open space use. Bibler Resources
has partnered with the City on this application to bring the land under municipal jurisdiction,
enabling coordinated planning for a public park, trail connections, and environmental stewardship.
The request involves two actions:
File #KA-25-07 – Annexation of approximately 25.7 acres into the City of Kalispell with an initial
zoning designation of P-1 (Public). The land includes tracts owned by both Bibler Resources and the
City.
File #KZC-25-01 – Rezoning of approximately 10.55 acres at 301 Fen Way from City B-1
(Neighborhood Business) to P-1 (Public).
Together, these actions will create an approximately 36-acre contiguous park corridor along Ashley
Creek. This collaborative effort reflects the City’s Growth Policy goals for expansion of public parks,
preservation of natural areas, improved neighborhood connectivity, and restoration of riparian
habitat.
The Kalispell Planning Commission conducted a duly noticed public hearing on August 12, 2025, to
review the applications. After staff presentation and public comment, the Commission voted
unanimously to recommend approval to the City Council, adopting Staff Reports #KA-25-07 and
#KZC-25-01 as findings of fact.
RECOMMENDATIONS:
ANNEXATION: It is recommended that the Kalispell City Council approve Resolution 6290, a
Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as
an annexation property which can be described as (1) Assessors Tracts 2, 8, 10, 11A, 17 and 18
located in NE1/4 and NE1/4SE1/4 of Section 13, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana, and more particularly described as shown on Exhibit A, attached hereto
and hereby incorporated by reference; (2) Tract 2 of Certificate of Survey No. 19545 situated, lying
and being in the northeast quarter of Section 13, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana; and (3) Tract 2 of Certificate of Survey No. 19582 situated, lying and
being in the northeast quarter and the southeast quarter of Section 13, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana; containing approximately 25.5 acres.
INITIAL ZONING: It is recommended that the Kalispell City Council approve the first reading of
Ordinance 1943, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell
zoning ordinance 1677, by zoning certain real property which can be described as (1) Assessors
Tracts 2, 8, 10, 11A, 17 and 18 located in NE1/4 and NE1/4SE1/4 of Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as shown on
Exhibit A, attached hereto and hereby incorporated by reference; (2) Tract 2 of Certificate of Survey
No. 19545 situated, lying and being in the northeast quarter of Section 13, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana; and (3) Tract 2 of Certificate of Survey No. 19582
situated, lying and being in the northeast quarter and the southeast quarter of Section 13, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana; containing approximately 25.5 acres;
with an initial zoning classification of City P-1 (Public).
ZONING MAP AMMENDMENT: It is recommended that the Kalispell City Council approve the
first reading of Ordinance 1944, an Ordinance to amend Section 27.02.010, official zoning map, City
of Kalispell zoning ordinance 1677, by rezoning certain real property which can be described as Tract
3 of Certificate of Survey No. 19233 and Tract 1 of Certificate of Survey No. 19582, both situated,
lying and being in the north half of the northeast quarter of Section 13, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana; containing approximately 10.55 acres, subject to any
easements, covenants, conditions, restrictions, or agreements of record, from City B-1 (Neighborhood
Business) to City P-1 (Public), in accordance with the Kalispell Growth Policy Plan-It 2035, and to
provide an effective date.
FISCAL EFFECTS: There are minimal fiscal impacts at this time. As the property will be dedicated
to open space and park use, ongoing costs will be associated with maintenance and future park
improvements, which can be coordinated through capital planning and partnerships.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 6290
Ordinance 1943
Ordinance 1944
Staff Report #KA-25-07 – Ashley Creek Park Annexation and Initial Zoning
Staff Report #KZC-25-01 – Ashley Creek Park Zone Change
August 12, 2025, Kalispell Planning Commission Minutes
Application Materials
Maps
c: Aimee Brunckhorst, Kalispell City Clerk
EXHIBIT A
A PARCEL OF LAND CONTAINING FIVE PARCELS OF LAND AS DESCRIBED IN BOOK
200, PAGE 198; PARCEL 2 OF COS No. 18486; BOOK 35, PAGE 560; BOOK 35, PAGE 561;
BOOK 35, PAGE 562 AND BOOK 35, PAGE 559 LOCATED IN NE1/4 AND NE1/4SE1/4 OF
SECTION 13, T. 28 N., R. 22 W. P.M. MONTANA, FLATHEAD COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING FROM THE NE CORNER OF SAID SECTION 13; THENCE S01°01'39"W,
46.95 FEET ALONG THE EAST LINE OF SAID SECTION 13 TO THE NORTHERLY LINE OF
BNSF RIGHT-OF-WAY; THENCE S76°03'07"W, 31.05 FEET ALONG THE NORTHERLY LINE
OF BNSF RIGHT-OF-WAY LINE TO THE WEST LINE OF SOUTH MERIDIAN ROAD BEING
THE POINT OF BEGINNING: THENCE S01°01'39"W, 103.52 FEET ALONG THE WEST LINE
SAID SOUTH MERIDIAN ROAD TO THE SOUTHERLY LINE OF BNSF RIGHT-OF-WAY;
THENCE S76°03'07"W, 358.82 FEET ALONG THE SOUTHERLY LINE OF BNSF RIGHT-OF-
WAY LINE; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
713.95 FEET, ARC LENGTH OF 1077.54 FEET, DELTA ANGLE OF 86°28'28", CHORD
BEARING OF S32°48'53"W AND CHORD DISTANCE OF 978.14 FEET ALONG THE
EASTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE S10°25'21"E, 2366.04 FEET ALONG
THE EASTERLY LINE BNSF RIGHT-OF-WAY TO THE NORTHWESTERLY RIGHT-OF-WAY
LINE OF FOYS LAKE ROAD; THENCE S32°51'23"W, 145.87 FEET ALONG THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID FOYS LAKE ROAD TO THE
WESTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE N10°25'21"W, 2472.24 FEET ALONG
THE WESTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE ALONG A TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 813.95 FEET, ARC LENGTH OF 180.90 FEET;
DELTA ANGLE OF 12°44'02", CHORD BEARING OF N04°03'20"W AND CHORD DISTANCE
OF 180.53 FEET ALONG THE WESTERLY BNSF RIGHT-OF-WAY LINE; THENCE ALONG A
NON-TANGENT COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 548.69 FEET;
ARC LENGTH OF 662.93 FEET, DELTA ANGLE OF 69°13'33", CHORD BEARING OF
N52°42'34"W AND CHORD DISTANCE OF 623.34 FEET ALONG THE SOUTHWESTERLY
LINE OF BNSF RIGHT-OF-WAY; THENCE S76°03'07"W, 319.97 FEET ALONG THE
SOUTHERLY LINE OF BNSF RIGHT-OF-WAY TO THE SOUTHWEST CORNER OF SAID
PARCEL 2; THENCE N13°56'53"W, 100.00 FEET ALONG THE WEST LINE OF SAID PARCEL
2 TO THE NW CORNER OF SAID PARCEL 2; THENCE N76°03'07"E, 1877.19 FEET ALONG
THE NORTHERLY LINE OF BNSF RIGHT-OF-WAY TO THE POINT OF BEGINNING OF
SAID PARCEL CONTAINING 14.69 ACRES.
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 6290
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 ASSESSORS TRACTS 2, 8, 10, 11A, 17 AND 18
LOCATED IN THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AS MORE PARTICULARLY
DESCRIBED ON EXHIBIT “A”; TRACT 2 OF CERTIFICATE OF SURVEY NO. 19545
SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
AND TRACT 2 OF CERTIFICATE OF SURVEY NO. 19582 SITUATED, LYING AND
BEING IN THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT “B” TO BE
KNOWN AS ASHLEY CREEK PARK ADDITION NO. 483, TO ZONE SAID PROPERTY
IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE
AN EFFECTIVE DATE.
WHEREAS, Bibler Resources Company and the City of Kalispell, the applicants for the above-
referenced property, has submitted a request that the property be annexed into the
City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioners’ Annexation
Request, #KA-25-07, dated August 12, 2025; and
WHEREAS, the Kalispell Planning Commission recommended the territory be zoned City P-1
(Public) upon annexation into the City of Kalispell; and
WHEREAS, pursuant to §7-2-4211(1)(b), MCA, the City shall include the full width of any public
streets or roads, including the rights-of-way, that are adjacent to the property being
annexed; 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 of the real property described on Exhibit A and Exhibit B 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 2ND DAY OF SEPTEMBER, 2025.
___________________________________
Mark Johnson
Mayor
ATTEST:
_________________________________
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT A
A PARCEL OF LAND CONTAINING FIVE PARCELS OF LAND AS DESCRIBED IN
BOOK 200, PAGE 198; PARCEL 2 OF COS No. 18486; BOOK 35, PAGE 560; BOOK 35,
PAGE 561; BOOK 35, PAGE 562 AND BOOK 35, PAGE 559 LOCATED IN NE1/4 AND
NE1/4SE1/4 OF SECTION 13, T. 28 N., R. 22 W. P.M. MONTANA, FLATHEAD
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NE CORNER OF SAID SECTION 13; THENCE
S01°01'39"W, 46.95 FEET ALONG THE EAST LINE OF SAID SECTION 13 TO THE
NORTHERLY LINE OF BNSF RIGHT-OF-WAY; THENCE S76°03'07"W, 31.05 FEET
ALONG THE NORTHERLY LINE OF BNSF RIGHT-OF-WAY LINE TO THE WEST
LINE OF SOUTH MERIDIAN ROAD BEING THE POINT OF BEGINNING: THENCE
S01°01'39"W, 103.52 FEET ALONG THE WEST LINE SAID SOUTH MERIDIAN
ROAD TO THE SOUTHERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S76°03'07"W, 358.82 FEET ALONG THE SOUTHERLY LINE OF BNSF RIGHT-OF-
WAY LINE; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 713.95 FEET, ARC LENGTH OF 1077.54 FEET, DELTA ANGLE OF
86°28'28", CHORD BEARING OF S32°48'53"W AND CHORD DISTANCE OF 978.14
FEET ALONG THE EASTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S10°25'21"E, 2366.04 FEET ALONG THE EASTERLY LINE BNSF RIGHT-OF-WAY
TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF FOYS LAKE ROAD;
THENCE S32°51'23"W, 145.87 FEET ALONG THE NORTHWESTERLY RIGHT-OF-
WAY LINE OF SAID FOYS LAKE ROAD TO THE WESTERLY LINE OF BNSF
RIGHT-OF-WAY; THENCE N10°25'21"W, 2472.24 FEET ALONG THE WESTERLY
LINE OF BNSF RIGHT-OF-WAY; THENCE ALONG A TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 813.95 FEET, ARC LENGTH OF 180.90 FEET; DELTA
ANGLE OF 12°44'02", CHORD BEARING OF N04°03'20"W AND CHORD DISTANCE
OF 180.53 FEET ALONG THE WESTERLY BNSF RIGHT-OF-WAY LINE; THENCE
ALONG A NON-TANGENT COMPOUND CURVE TO THE LEFT HAVING A RADIUS
OF 548.69 FEET; ARC LENGTH OF 662.93 FEET, DELTA ANGLE OF 69°13'33",
CHORD BEARING OF N52°42'34"W AND CHORD DISTANCE OF 623.34 FEET
ALONG THE SOUTHWESTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S76°03'07"W, 319.97 FEET ALONG THE SOUTHERLY LINE OF BNSF RIGHT-OF-
WAY TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE N13°56'53"W,
100.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE NW CORNER
OF SAID PARCEL 2; THENCE N76°03'07"E, 1877.19 FEET ALONG THE
NORTHERLY LINE OF BNSF RIGHT-OF-WAY TO THE POINT OF BEGINNING OF
SAID PARCEL CONTAINING 14.69 ACRES.
EXHIBIT B
TRACT 2 OF CERTIFICATE OF SURVEY NO. 19545 SITUATED, LYING AND BEING IN
THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
AND
TRACT 2 OF CERTIFICATE OF SURVEY NO. 19582 SITUATED, LYING AND BEING IN
THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
ALL CONTAINING APPROXIMATELY 25.5 ACRES
ORDINANCE NO. 1943
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, DESCRIBED AS ASSESSORS TRACTS 2, 8, 10, 11A, 17 AND 18
LOCATED IN THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AS MORE PARTICULARLY
DESCRIBED ON EXHIBIT “A”; TRACT 2 OF CERTIFICATE OF SURVEY NO. 19545
SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
AND TRACT 2 OF CERTIFICATE OF SURVEY NO. 19582 SITUATED, LYING AND
BEING IN THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT “B” (PREVIOUSLY
ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL) AND I-2 (HEAVY INDUSTRIAL)) TO
CITY P-1 (PUBLIC), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
PLAN – IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Bibler Resources Company and the City of Kalispell, the applicants for the property
described above, petitioned that the zoning classification attached to the above-
described tract of land be zoned P-1 on approximately 25.7 acres of land; and
WHEREAS, the property is located along Ashley Creek; and
WHEREAS, the petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-25-07, dated August 12, 2025, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned P-1, Public, as requested by the petition; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described P-1, Public, 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-25-07.
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 P-1, Public, on approximately 25.7 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 15TH DAY OF SEPTEMBER, 2025.
______________________________________
Mark Johnson
Mayor
ATTEST:
_____________________________________
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT A
A PARCEL OF LAND CONTAINING FIVE PARCELS OF LAND AS DESCRIBED IN
BOOK 200, PAGE 198; PARCEL 2 OF COS No. 18486; BOOK 35, PAGE 560; BOOK 35,
PAGE 561; BOOK 35, PAGE 562 AND BOOK 35, PAGE 559 LOCATED IN NE1/4 AND
NE1/4SE1/4 OF SECTION 13, T. 28 N., R. 22 W. P.M. MONTANA, FLATHEAD
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NE CORNER OF SAID SECTION 13; THENCE
S01°01'39"W, 46.95 FEET ALONG THE EAST LINE OF SAID SECTION 13 TO THE
NORTHERLY LINE OF BNSF RIGHT-OF-WAY; THENCE S76°03'07"W, 31.05 FEET
ALONG THE NORTHERLY LINE OF BNSF RIGHT-OF-WAY LINE TO THE WEST
LINE OF SOUTH MERIDIAN ROAD BEING THE POINT OF BEGINNING: THENCE
S01°01'39"W, 103.52 FEET ALONG THE WEST LINE SAID SOUTH MERIDIAN
ROAD TO THE SOUTHERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S76°03'07"W, 358.82 FEET ALONG THE SOUTHERLY LINE OF BNSF RIGHT-OF-
WAY LINE; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 713.95 FEET, ARC LENGTH OF 1077.54 FEET, DELTA ANGLE OF
86°28'28", CHORD BEARING OF S32°48'53"W AND CHORD DISTANCE OF 978.14
FEET ALONG THE EASTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S10°25'21"E, 2366.04 FEET ALONG THE EASTERLY LINE BNSF RIGHT-OF-WAY
TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF FOYS LAKE ROAD;
THENCE S32°51'23"W, 145.87 FEET ALONG THE NORTHWESTERLY RIGHT-OF-
WAY LINE OF SAID FOYS LAKE ROAD TO THE WESTERLY LINE OF BNSF
RIGHT-OF-WAY; THENCE N10°25'21"W, 2472.24 FEET ALONG THE WESTERLY
LINE OF BNSF RIGHT-OF-WAY; THENCE ALONG A TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 813.95 FEET, ARC LENGTH OF 180.90 FEET; DELTA
ANGLE OF 12°44'02", CHORD BEARING OF N04°03'20"W AND CHORD DISTANCE
OF 180.53 FEET ALONG THE WESTERLY BNSF RIGHT-OF-WAY LINE; THENCE
ALONG A NON-TANGENT COMPOUND CURVE TO THE LEFT HAVING A RADIUS
OF 548.69 FEET; ARC LENGTH OF 662.93 FEET, DELTA ANGLE OF 69°13'33",
CHORD BEARING OF N52°42'34"W AND CHORD DISTANCE OF 623.34 FEET
ALONG THE SOUTHWESTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S76°03'07"W, 319.97 FEET ALONG THE SOUTHERLY LINE OF BNSF RIGHT-OF-
WAY TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE N13°56'53"W,
100.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE NW CORNER
OF SAID PARCEL 2; THENCE N76°03'07"E, 1877.19 FEET ALONG THE
NORTHERLY LINE OF BNSF RIGHT-OF-WAY TO THE POINT OF BEGINNING OF
SAID PARCEL CONTAINING 14.69 ACRES.
EXHIBIT B
TRACT 2 OF CERTIFICATE OF SURVEY NO. 19545 SITUATED, LYING AND BEING IN
THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
AND
TRACT 2 OF CERTIFICATE OF SURVEY NO. 19582 SITUATED, LYING AND BEING IN
THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
ALL CONTAINING APPROXIMATELY 25.5 ACRES
ORDINANCE NO. 1944
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, DESCRIBED AS TRACT 3 OF CERTIFICATE OF SURVEY NO. 19233
AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 19582, BOTH SITUATED, LYING
AND BEING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
CONTAINING APPROXIMATELY 10.55 ACRES, SUBJECT TO ANY EASEMENTS,
COVENANTS, CONDITIONS, RESTRICTIONS, OR AGREEMENTS OF RECORD
(PREVIOUSLY ZONED CITY B-1 (NEIGHBORHOOD BUSINESS)) TO CITY P-1
(PUBLIC)), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN – IT
2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Bibler Resources Company and the City of Kalispell, the applicants for the property
described above, petitioned that the zoning classification attached to the above-
described tract of land be zoned P-1 on approximately 10.55 acres of land; and
WHEREAS, the property is located at 301 Fen Way; and
WHEREAS, the petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KZC-25-01, dated August 12, 2025, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned P-1, Public, as requested by the petition; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described P-1, Public, 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. KZD-25-01.
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 P-1, Public, on approximately 10.55 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 15TH DAY OF SEPTEMBER, 2025.
______________________________________
Mark Johnson
Mayor
ATTEST:
_____________________________________
Aimee Brunckhorst, CMC
City Clerk
1
ASHLEY CREEK PARK ANNEXATION
ANNEXATION/INITIAL ZONING AND ZONE CHANGE TO P‑1 (PUBLIC)
STAFF REPORT #KA‑25‑07- #KZC-25-01
DEVELOPMENT SERVICES DEPARTMENT
AUGUST 12, 2025
A report to the Kalispell City Planning Commission regarding a request from Bibler Resources
Company and the City of Kalispell for annexation/initial zoning of P‑1 (Public) and rezone of
property currently zoned City B-1 to City P-1 for property commonly referred to as Ashley
Creek Park, located at 301 Fen Way. A public hearing has been scheduled before the Planning
Commission for August 12, 2025, at 6:00 PM in the Kalispell City Council Chambers. The
Planning Commission will forward a recommendation to the Kalispell City Council for final
action.
BACKGROUND INFORMATION
Bibler Resources Company and the City of Kalispell have jointly submitted petitions for
annexation and zoning of multiple tracts of land generally referred to as Ashley Creek Park. The
area to be annexed with an initial zoning of City P-1 includes approximately 11 acres of Bibler
Resources property currently zoned County I-2 and County R-1 and approximately 15 acres
(WYE Tract) of City of Kalispell property also currently zoned County I-2 and County R-1.
Bibler Resources is also requesting to rezone approximately 10.5 acres currently zoned City B-1
to City P-1. In total, the proposed applications will result in an approximate 36-acre contiguous
area for future development of a public park.
The request includes two formal actions:
• File #KA-25-07 – A petition for annexation of approximately 26 acres into the City of
Kalispell. This includes parcels owned by Bibler Resources Company and parcels
currently owned by the City of Kalispell, which are being brought into city limits for
development of a park.
• File #KZC-25-01 – A zoning map amendment for the approximately 10-acre parcel at
301 Fen Way, owned by Bibler Resources Company, to change the zoning from City B-1
(Neighborhood Business) to P-1 (Public).
The annexation and zoning requests are part of a larger collaborative effort to preserve, restore,
and activate Ashley Creek. By bringing these parcels under municipal jurisdiction, the City will
be able to coordinate future park improvements, pursue funding opportunities, manage
stormwater impacts, and provide public access through park facilities and trails. This project
supports multiple policy objectives outlined in the Kalispell Growth Policy, including the
expansion of public parkland, preservation of natural areas, and improved connectivity between
neighborhoods. It also reflects the City’s broader goals for smart urban growth, environmental
stewardship, and healthy community design as Kalispell continues to grow.
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
2
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: Applicants/Petitioners: Bibler Resources Company, a Montana corporation
625 Sunset Blvd.
Kalispell, MT 59901
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
B: Location 301 Fen Way, Kalispell, Montana. The properties encompass approximately 36
acres of open space and creek corridor located between South Meridian Road and the
U.S. Highway 93 Bypass, and between Appleway Drive and Foys Lake Road.
The properties being annexed are more particularly described as follows:
3
• The annexation would place approximately 25.7 acres of land in the city. The
property owned by the City includes Assessors Tracts 2, 8, 10, 11A, 17 and 18
located in NE1/4 and NE1/4SE1/4 of Section 13, T. 28 N., R. 22 W., P.M., Flathead
County, Montana. The property owned by Bibler Resources can be described as
Tract 2 of Certificate of Survey No. 19545 situated, lying and being in the northeast
quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana, and Tract 2 of Certificate of Survey No. 19582 situated, lying and being in
the northeast quarter and the southeast quarter of Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana.
Properties being rezoned from City B-1 to City P-1 are more particularly described as follows:
• Request for zoning map amendment to rezone 10.55 acres of land located at 301
Fenn Way from City B-1 (Neighborhood Business) to City P-1 (Public). The
property can be described as Tract 3 of Certificate of Survey No. 19233 and Tract 1
of Certificate of Survey No. 19582, both situated, lying and being in the north half
of the northeast quarter of Section 13, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana.
C: Existing Land Use and Zoning: The property is vacant. The zoning of the area to be
annexed is County I-2 (Heavy Industrial) and R-1 (Suburban Residential).
The Flathead County Zoning Ordinance describes the intent of the I-2 district as:
“A district to provide for industrial uses to accommodate heavy manufacturing, processing,
fabrication, and assembly of parts or materials. It is also intended that the encroachment of
non-industrial or unspecified commercial uses within the district be prevented.” Permitted
uses in this district include a variety of heavy industrial uses, including a railroad yard. The
county’s zoning code conditionally permits additional heavy industrial uses that tend to deal
with handling or manufacture of dangerous or toxic materials, or produce excessive noise,
such as an airport or motor vehicle race track.”
The Flathead County Zoning Ordinance describes the intent of the R-1 district as:
“A district to provide estate-type development. These areas 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
(e.g., extreme topography, areas adjacent to floodplains, airport runway alignment
extensions).”
The area to be rezoned is currently City B-1 (Neighborhood Business). Neighborhood
Business. The Kalispell Zoning Ordinance describes the intent of this district:
“A business district intended to provide certain commercial and professional office uses
where such uses are compatible with adjacent residential areas. The district would typically
serve as a buffer between residential areas and other commercial districts. Development
4
scale and pedestrian orientation are important elements of this district. This district is also
intended to provide goods and services at a neighborhood level. The district is not intended
for those businesses that require the outdoor display, sale, and/or storage of merchandise,
outdoor services or operations to accommodate large-scale commercial operations. This
zoning district would typically be found in areas designated as neighborhood commercial
or urban mixed use on the Kalispell Growth Policy Future Land Use Map.”
D: Proposed Zoning: The proposed Zoning District is P-1 (Public) for the entire
approximately 36-acre property. A P-1 Zoning District is intended “to provide and
reserve areas for public uses in order to preserve and provide adequate land for a variety
of community facilities which serve the public health, safety and general welfare. Such
public uses would include schools, public buildings, parks, airports, jails, utilities, etc.
This zoning district would typically be found in the public land use designation as shown
on the Kalispell Growth Policy Future Land Use Map but can be applied to any land use
designation.”
D. Size: The total area of the subject property is approximately 36 acres. 25.5 acres is
requested to be annexed with an initial zoning of City P-1, currently zoned County I-2 and
County R-1. 10.5 acres is requested to be rezoned from City B-1 to City P-1.
5
E: Adjacent Zoning:
North: City B-2 and County I-1
East: City B-1 City R-4 and City R-1
South: County R‑1
West: City R‑3/PUD, County I-2
F: Adjacent Land Uses:
North: Business/Light Industrial
East: Commercial, multi-family and single-family residential
South: Residential neighborhoods and Ashley Creek,
West: Bypass and residential
G: General Land Use Character: Much of the area was originally developed in the county
as a lumber mill; however, that use has lapsed for a number of years and the associated
buildings that had been left as remnants have now been removed. Since that time the
properties have remained vacant. At this time the area could be classified as an in transition.
In the past the subject properties were at the western boundary of the city and used rail-
service. Since that time the city has grown around the subject properties. The property
functions as a natural buffer providing ecological, hydrological, and recreational benefits.
H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map
designates the property as Public/Quasi Public, Suburban Residential, Urban Mixed Use and
Industrial. The proposed P‑1 zoning is consistent with these designations as the zone can be
applied to any land use designation.
I: Availability of Public Services and Extension of Services: The property is adjacent to
the city limits and is located within the city annexation boundary. All services are available
to the property.
Sewer: City of Kalispell upon annexation
Water: City of Kalispell upon annexation
Refuse: City of Kalispell upon annexation
Electricity: Flathead Electric Cooperative
Gas: NorthWestern Energy
Schools: School District #5 (Peterson Elementary/Flathead High School)
Fire: Smith Valley Fire/ City of Kalispell upon annexation
Police: Flathead County Sheriff/ City of Kalispell upon annexation
I. ANNEXATION EVALUATION
6
A. 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 project site is in a prime infill/redevelopment area. Infill development is encouraged
to lessen impacts on sensitive lands and provides additional recreational opportunities where
services are available.
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 Commission, 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 and is adjacent to the current city limits.
There are several aspects of the growth policy which support the annexation of the
property:
Land Use: The Kalispell Growth Policy promotes orderly development within the city’s
growth area, emphasizing the need for compatible land uses and efficient use of existing
infrastructure. The Ashley Creek Park property lies within the City’s annexation policy
boundary and is directly adjacent to existing neighborhoods within the Kalispell city
limits. The Kalispell Growth Policy Future Land Use Map designates the property as
Public/Quasi Public, Suburban Residential, Urban Mixed Use and Industrial The proposed
P‑1 zoning is consistent with these designations as the zone can be applied to any land use
designation.
Natural Environment: The property is defined by the Ashley Creek corridor, which
contains riparian vegetation, wetlands, and associated habitat. By annexing and zoning
the property P‑1, the City of Kalispell will ensure long‑term stewardship of this
environmentally sensitive area.
B. Municipal Services: Public infrastructure and services are readily available to the
subject property due to its location within the City’s annexation boundary and adjacency
to established neighborhoods. As an open space parcel, the property requires minimal
utility service.
C. Distance from current city limits: The subject property directly adjoins existing city
limits to the east, south, and west. It is effectively surrounded by urban residential zoning
within Kalispell, with Ashley Creek forming the northern edge. This proximity makes the
annexation a logical extension of the city boundary and eliminates a small jurisdictional
gap within an otherwise fully urbanized area.
D. Cost of services: Because the property will remain open space, there are minimal costs
associated with extending public infrastructure or municipal services. No significant road,
7
sewer, or water improvements are required at this time. Should public access amenities
such as trails or park facilities be developed in the future, those improvements would be
coordinated with City Parks and funded as part of capital planning or through
partnerships.
II. INITIAL ZONING 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 approximately 26-acre
site being annexed is zoned County I-2 and County R-1. The applicant is requesting City P-1
Zoning. The Kalispell Zoning Regulations state that the P-1 Zoning District is intended “to
provide and reserve areas for public uses in order to preserve and provide adequate land for a
variety of community facilities which serve the public health, safety and general welfare. Such
public uses would include schools, public buildings, parks, airports, jails, utilities, etc. This
zoning district would typically be found in the public land use designation as shown on the
Kalispell Growth Policy Future Land Use Map but can be applied to any land use designation.”
1. Does the requested zone comply with the growth policy?
Yes. The Kalispell Growth Policy Future Land Use Map designates the property as
Public/Quasi Public, Suburban Residential, Urban Mixed Use and Industrial. The proposed
P‑1 Zoning is consistent with these designations as the zone can be applied to any land use
designation. Additionally, the requested P‑1 Zoning supports the City’s goals of
preserving riparian corridors, maintaining open space, and providing recreational
opportunities.
2. Will the requested zone have an effect on motorized and non-motorized transportation
systems?
The requested zone will have a small effect on motorized and non-motorized transportation
systems when the property is developed into a City park. Although a small increase in traffic
may be anticipated, it is not anticipated the development of the site will negatively impact
the transportation system. Any development of the property that creates 300 or more vehicle
trip per day will require a traffic impact study. The traffic study evaluates the impacts the
development has on the traffic system and indicates mitigation necessary to maintain
acceptable levels of service.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Yes. The property will be managed under City zoning standards and will be served by the
Kalispell Fire Department and Police Department upon annexation. Open space uses carry
low risk, and the designation ensures continued access for emergency response.
4. Will the requested zone promote the public health, safety and general welfare?
8
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.
5. Will the requested zone provide for adequate light and air?
Yes. Open space zoning protects the property from dense development and ensures that the
area continues to provide light, air, and visual relief within the surrounding urban
environment.
6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
Yes. As open space, the property places minimal demands on utilities or services. Future
integration into the park and trail system would enhance public amenities without
overburdening infrastructure. Being located within the City, any improvements will have to
meet city standards including but not limited to, stormwater, transportation, land use, sewer
water, Police, Fire, etc.
7. Will the requested zone promote compatible urban growth?
Yes. This proposal is surrounded by City subdivisions and is a logical extension of urban
development. Annexation and P‑1 zoning create a seamless boundary, avoiding county
“islands” and ensuring consistent land management.
8. Does the requested zone give consideration to the character of the district and its particular
suitability for particular uses?
Yes. The P-1 Zone is particularly suitable given the presence of Ashley Creek, Parkline
Trail, Rails to Trails, residential neighborhoods, and City Services.
9. Will the proposed zone conserve the value of buildings?
Yes. Parks and open space are in integral component to quality of life for city residents.
The zoning of the property to P-1 will allow development of a park that will enhance the
value of nearby residential properties by preserving viewsheds, protecting environmental
quality and allowing for recreation. Lastly, annexation into the city will allow for
redevelopment of the property that has been a blight to the community for a number of
years since the lumber mill operations ceased.
10. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
9
Yes. Annexation and P‑1 Zoning encourage the most appropriate use by conserving a
sensitive riparian corridor, aligning with Growth Policy goals, and providing long‑term
community benefits through open space preservation and recreational use.
III. EVALUATION OF THE ZONE CHANGE REQUEST
Bibler Resources is requesting to rezone approximately 10.5 acres currently zoned City B-1 to
City P-1. This request will allow for the property to be contiguously zoned in accordance with
the annexation and initial zoning applications outlined above. The Kalispell Zoning Regulations
state that the P-1 Zoning District is intended “to provide and reserve areas for public uses in
order to preserve and provide adequate land for a variety of community facilities which serve the
public health, safety and general welfare. Such public uses would include schools, public
buildings, parks, airports, jails, utilities, etc. This zoning district would typically be found in the
public land use designation as shown on the Kalispell Growth Policy Future Land Use Map but
can be applied to any land use designation.” 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.
1. Does the requested zone comply with the growth policy?
Yes. The Kalispell Growth Policy Future Land Use Map designates the property as
Public/Quasi Public, Suburban Residential, Urban Mixed Use and Industrial. The proposed
P‑1 Zoning is consistent with these designations as the zone can be applied to any land use
designation. Additionally, the requested P‑1 Zoning supports the City’s goals of
preserving riparian corridors, maintaining open space, and providing recreational
opportunities.
2. Will the requested zone have an effect on motorized and non-motorized transportation
systems?
The requested zone will have a small effect on motorized and non-motorized transportation
systems when the property is developed into a City park. Although a small increase in traffic
may be anticipated, it is not anticipated the development of the site will negatively impact
the transportation system. Any development of the property that creates 300 or more vehicle
trip per day will require a traffic impact study. The traffic study evaluates the impacts the
development has on the traffic system and indicates mitigation necessary to maintain
acceptable levels of service.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Yes. The property will be managed under City zoning standards and will be served by the
Kalispell Fire Department and Police Department upon annexation. Open space uses carry
low risk, and the designation ensures continued access for emergency response.
10
4. Will the requested zone promote the public health, safety and general welfare?
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.
5. Will the requested zone provide for adequate light and air?
Yes. Open space zoning protects the property from dense development and ensures that the
area continues to provide light, air, and visual relief within the surrounding urban
environment.
6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
Yes. As open space, the property places minimal demands on utilities or services. Future
integration into the park and trail system would enhance public amenities without
overburdening infrastructure. Bineg located within the City any improvements will have to
meet city standards including but not limited to, stormwater, transportation, land use, sewer
water, Police, Fire, etc.
7. Will the requested zone promote compatible urban growth?
Yes. This proposal is surrounded by City subdivisions and is a logical extension of urban
development. Annexation and P‑1 zoning create a seamless boundary, avoiding county
“islands” and ensuring consistent land management.
8. Does the requested zone give consideration to the character of the district and its particular
suitability for particular uses?
Yes. The P-1 Zone is particularly suitable given the presence of Ashley Creek, Parkline
Trail, Rails to Trails, residential neighborhoods, and City Services.
9. Will the proposed zone conserve the value of buildings?
Yes. Parks and open space are in integral component to quality of life for city residents.
The zoning of the property to P-1 will allow development of a park that will enhance the
value of nearby residential properties by preserving viewsheds, protecting environmental
quality and allowing for recreation. Lastly, annexation into the city will allow for
redevelopment of the property that has been a blight to the community for a number of
years since the lumber mill operations ceased.
10. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
11
Yes. Annexation and P‑1 Zoning encourage the most appropriate use by conserving a
sensitive riparian corridor, aligning with Growth Policy goals, and providing long‑term
community benefits through open space preservation and recreational use.
RECOMMENDATION
1. Staff recommends that the Kalispell City Planning Commission adopt Staff Report
#KA‑25‑07 as findings of fact and recommend to the Kalispell City Council that 25.7
acres of land be annexed into the City of Kalispell with an initial zoning of P -1
(Public).The properties can be more particularly described as Assessors Tracts 2, 8, 10,
11A, 17 and 18 located in NE1/4 and NE1/4SE1/4 of Section 13, T. 28 N., R. 22 W.,
P.M., Flathead County, Montana and as Tract 2 of Certificate of Survey No. 19545
situated, lying and being in the northeast quarter of Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana, and Tract 2 of Certificate of Survey
No. 19582 situated, lying and being in the northeast quarter and the southeast quarter of
Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
2. Staff recommends that the Kalispell City Planning Commission adopt Staff Report
#KZC‑25‑01 as findings of fact and recommend to the Kalispell City Council that the
Kalispell Official Zoning Map be amended by rezoning 10.55 acres of land from City B-
1 (Neighborhood Business) to City P-1 (Public). The property can be described as Tract
3 of Certificate of Survey No. 19233 and Tract 1 of Certificate of Survey No. 19582, both
situated, lying and being in the north half of the northeast quarter of Section 13,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
Kalispell City Planning Commission
Minutes of the meeting of August 12, 2025
Page | 1
KALISPELL CITY PLANNING COMMISSION
MINUTES OF REGULAR MEETING
August 12, 2025
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. Commission
members present were Chad Graham, Doug Kauffman, Shelby
Leckron, Joshua Borgardt, Pip Burke, Cate Walker and Rory
Young (Zoom). Jarod Nygren, PJ Sorensen, Kari Barnhart,
Kirstin Robinson, and Donnie McBath represented the Kalispell
Planning Department. Keith Haskins represented the Kalispell
Public Works Department.
APPROVAL OF MINUTES Kauffman moved and Walker seconded a motion to approve the
minutes of the July 8, 2025 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 Teresa Karst – 1855 N Belmar Dr – Opposes the North Meadows
conditional use permit and has concerns for wildlife, traffic,
safety, and flooding impacts.
KPUD-25-03 – SILVERBROOK
VILLAGE
Montarise Developments, LLC, has submitted applications for
Silverbrook Village, an amendment to the Silverbrook Planned
Unit Development (“PUD”). The property, which contains 11.7
acres, is currently zoned B-1 (Neighborhood Business) with the
PUD overlay. This proposal would maintain the underlying
zoning designation. The proposal calls for 198 residential units
intended to be developed as condominiums with a variety of
housing types ranging from two-unit buildings to larger multi-unit
buildings. The proposal also has 20,400 square feet of
neighborhood business uses that are included within mixed-use
buildings. The property is located at 441 and 465 Diamond Peak
Drive.
STAFF REPORT PJ Sorensen representing the Kalispell Planning Department
reviewed Staff report #KPUD-25-03.
Staff recommends that the Kalispell Planning Commission adopt
Staff Report #KPUD-25-03 as findings of fact and recommend to
the Kalispell City Council that Silverbrook Village as an
Amendment of the Silverbrook PUD be approved subject to the
conditions on the staff report.
BOARD DISCUSSION
Walker confirmed with Sorensen that the school district for the
subdivision cannot be changed by the city and that the parking
requirement is met without the angled parking spaces.
PUBLIC COMMENT
Mike Brodie – 431 1st Ave W – Representative for the applicant
– Is happy to answer any questions from the commission and
requested that condition #6 be removed from the CUP.
Kalispell City Planning Commission
Minutes of the meeting of August 12, 2025
Page | 2
MOTION – KPUD-25-03
Kauffman moved and Borgardt seconded that the Kalispell City
Planning Commission adopt Staff Report #KPUD-25-03 as
findings of fact and recommend to the Kalispell City Council that
Silverbrook Village as an Amendment of the Silverbrook PUD be
approved subject to the conditions on the staff report.
BOARD DISCUSSION
Sorensen advised the commission that condition #6 is attached to
all PUDs to ensure that any facilities present well aesthetically.
He also clarified to Borgardt and Kauffman that if the existing
retention pond may be sufficient that a new one/expansion may
not be required pending engineering review.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Kauffman recused himself from KA-25-07 and KZC-25-01; he is
a representative for the applicant.
KA-25-07 & KZC-25-01 – ASHLEY
CREEK PARK
A request by the Kalispell Development Services Department and
Bibler Resources Company to annex property located between
South Meridian Road and the Highway 93 Bypass, and between
Appleway Drive and Foys Lake Road, commonly known as the
“WYE Track,” along with adjacent property, with an initial
zoning designation of P-1 (Public). The property is intended to
be developed as a park. The annexation would place
approximately 25.7 acres of land in the city. The property owned
by the City includes Assessors Tracts 2, 8, 10, 11A, 17 and 18
located in NE1/4 and NE1/4SE1/4 of Section 13, T. 28 N., R. 22
W., P.M., Flathead County, Montana. A specific metes and
bounds description for the city-owned property is available upon
request. The property owned by Bibler Resources can be
described as Tract 2 of Certificate of Survey No. 19545. In
addition, File # KZC-25-01 - A request by Bibler Resources
Company for a zoning map amendment to rezone 10.55 acres of
land located at 301 Fenn Way from city B-1 (Neighborhood
Business) to city P-1 (Public). The property is intended to be
developed as a park. The property can be described as Tract 3 of
Certificate of Survey No. 19233 and Tract 1 of Certificate of
Survey No. 19582.
STAFF REPORT
Donnie McBath representing the Kalispell Planning Department
reviewed Staff report #KA-25-07 & KZC-25-01.
Staff recommends that the Kalispell City Planning Commission
adopt Staff Report #KA‑25‑07 as findings of fact and recommend
to the Kalispell City Council that 25.7 acres of land be annexed
into the City of Kalispell with an initial zoning of P-1
(Public).The properties can be more particularly described as
Assessors Tracts 2, 8, 10, 11A, 17 and 18 located in NE1/4 and
NE1/4SE1/4 of Section 13, T. 28 N., R. 22 W., P.M., Flathead
County, Montana and as Tract 2 of Certificate of Survey No.
19545, and Tract 2 of Certificate of Survey No. 19582.
Kalispell City Planning Commission
Minutes of the meeting of August 12, 2025
Page | 3
Staff recommends that the Kalispell City Planning Commission
adopt Staff Report #KZC‑25‑01 as findings of fact and
recommend to the Kalispell City Council that the Kalispell
Official Zoning Map be amended by rezoning 10.55 acres of land
from City B-1 (Neighborhood Business) to City P-1 (Public). The
property can be described as Tract 3 of Certificate of Survey No.
19233 and Tract 1 of Certificate of Survey No. 19582.
BOARD DISCUSSION
None.
PUBLIC COMMENT
Doug Andrews – 644 8th Ave W – Stated that the project would
be a great benefit but has concerns about traffic, safety, and
speeding.
MOTION – KA-25-07
Burke moved and Leckron seconded that the Kalispell City
Planning Commission adopt Staff Report #KA‑25‑07 as findings
of fact and recommend to the Kalispell City Council that 25.7
acres of land be annexed into the City of Kalispell with an initial
zoning of P-1 (Public).The properties can be more particularly
described as Assessors Tracts 2, 8, 10, 11A, 17 and 18 located in
NE1/4 and NE1/4SE1/4 of Section 13, T. 28 N., R. 22 W., P.M.,
Flathead County, Montana and as Tract 2 of Certificate of Survey
No. 19545, and Tract 2 of Certificate of Survey No. 19582.
BOARD DISCUSSION
Haskins advised the traffic count process to Graham.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION – KZC-25-01
Burke moved and Leckron seconded that the Kalispell City
Planning Commission adopt Staff Report #KZC‑25‑01 as
findings of fact and recommend to the Kalispell City Council that
the Kalispell Official Zoning Map be amended by rezoning 10.55
acres of land from City B-1 (Neighborhood Business) to City P-1
(Public). The property can be described as Tract 3 of Certificate
of Survey No. 19233 and Tract 1 of Certificate of Survey No.
19582.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RE-SEATED
Kauffman re-seated.
OLD BUSINESS Nygren provided procedural instructions on taking KCU-25-04
from the table and updated the commission on city council action
on items from the July Planning Commission meeting.
MOTION – TAKE KCU-25-04
FROM THE TABLE
Borgardt moved and Kauffman seconded to take KCU-25-04
from the table from the July 8, 2025 Planning Commission
meeting.
VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation.
Kalispell City Planning Commission
Minutes of the meeting of August 12, 2025
Page | 4
BOARD MEMBER SEATED
Young recused himself from KA-25-05 and KCU-25-04; he is a
representative for the applicant.
STAFF REPORT
Donnie McBath representing the Kalispell Planning Department
reviewed supplemental information provided by the applicant for
Staff Report KCU-25-04.
Staff recommends that the Kalispell City Planning Commission
adopt the Conditional Use Permit for a 99‑unit multi‑family
residential development on the subject property, subject to the
conditions of approval outlined in Staff Report #KCU-25-04.
BOARD DISCUSSION
Kauffman confirmed with McBath that the buffers were
increased on the plans. Nygren advised Walker that there are no
set standards or laws for buffers since there is no subdivision
involved but that the plans were intended to find the middle
ground between city and state requirements. Toby McInstosh
from Jackola advised that a geo-tech summary report is in line
with what should be expected for a commercial project. Nygren
clarified to Graham that the proposed trail system and park would
not be gated and would be open to nearby residents.
PUBLIC COMMENT
Astaris Drolcar – 700 Sunnyside Dr – Opposes the project and has
concerns about increased traffic, wildlife and Ashley Creek.
Diana Marshall – 1923 Bluestone Dr – Opposes the project and
stated that the traffic impact study should have included the dog
park and ballpark traffic.
Judy Dawson – 1942 Bluestone Dr – Opposes the project and has
concerns about increased traffic on Bluestone Drive.
Amy Barton – 1978 Bluestone Dr – Opposes the project and has
concerns about increased traffic.
Denise Chambers – 1974 Bluestone Dr – Opposes the project and
has concerns about traffic, safety, and speeding.
Nicole Marshall – 1923 Bluestone Dr – Opposes the project and
has concerns about egress, safety, and traffic and stated that the
traffic impact study should have included the dog park and
ballpark traffic. Ms. Marshall also had concerns about the
accuracy of the TIS.
Cal Marshall – 1923 Bluestone Dr – Opposes the project and has
concerns about increased traffic and speeding on Bluestone Dr,
loss of view due to building height, and wildlife impacts. Mr.
Marshall also stated that the project is not appropriate for the
neighborhood.
Ricki Moffat on behalf of Susan and Karl Kratt of135 Rimrock
Ct – The Kratts oppose the project and have concerns about
Kalispell City Planning Commission
Minutes of the meeting of August 12, 2025
Page | 5
traffic, school and wildlife impacts, and feels that there is ample
housing available in the city.
Ricki Moffat – 147 Rimrock Ct – Opposes the project and has
concerns about creek bed degradation, density, and egress and
would like the geo-tech studies to be conducted in all 4 seasons.
Ms. Moffit provided photographs of previous erosion damage to
homes on Rimrock Ct and stated that the application and
supplemental information had deficiencies and inaccuracies.
Mark Topp – 107 Denver Ave – Opposes the project and has
concerns about speeding, street width of Bluestone Drive,
erosion, construction traffic, egress, erosion, safety, and feels that
more apartments are not needed.
Clyde Stemberg – 1810 N Belmar Dr – Opposes the project and
has concerns about first responder response times.
Perry Dilorio – 143 Rimrock Ct – Opposes the project and has
concerns about density and the soil conditions of the lot.
Jessica Chance – 1934 Bluestone – Opposes the project and has
concerns about decreased property values, soil stabilization,
construction traffic, flooding, egress, safety, snow storage, and
the increased traffic on Bluestone Drive. Ms. Chance also feels
that more housing is not needed, that the project does not include
affordable housing, and that Bluestone Drive is not wide enough.
Sue Prewitt – 1910 Bluestone Dr – Opposes the project and has
concerns about speeding, traffic, soil stability, safety, and the
condition of Bluestone Drive.
Sam Dennison – 1969 Bluestone Dr – Opposes the project and
has concerns about the quality of Bluestone Drive, soil erosion,
safety, and speeding. Mr. Dennison stated that the traffic count
markers were not at the ball or dog parks.
Lisa Najera – 119 Rimrock Ct – Opposes the project and has
concerns about construction traffic and the developer’s
experience with multifamily building projects.
Jacqueline Pipolo – 139 Rimrock Ct – Opposes the project and
has concerns about safety, speeding, and the width of Bluestone
Drive. Ms. Pipolo stated that the project does not fit with the
neighborhood.
Toby McIntosh – 2250 Hwy 93 S – Representative for the
application and is happy to answer any questions the commission
may have. Mr. McIntosh also clarified the traffic count and TIS
process, egress and fire suppression requirements, how utilities
are deemed as available, and the impact fee process. He stated that
the geo-tech engineer’s involvement with the Rimrock Ct
landslides was to provide their opinion for legal purposes only,
Kalispell City Planning Commission
Minutes of the meeting of August 12, 2025
Page | 6
that the setbacks of 75-85 feet were to give space, that the
buildings will be slab-on-grade (no basements or crawlspaces),
that no buildings will be built on unbuildable land, that the land
was tied up in a trust for several years, that the developer has a lot
of experience with multi-family projects, that infill projects may
help prevent sprawl, and that most of the conditions of the CUP
are standard conditions that help hold both the developer and the
city accountable.
Kim Smith – 1827 Bluestone Dr – Opposes the project and has
concerns about egress. Ms. Smith also stated that there is a
neighborhood petition with over 300 signatures in opposition to
the project.
Julie Lubick – 44 Rimrock Ct – Opposes the project and agrees
with previous comments in opposition.
James Williamson – 25 4th St E – Works with the owners and
Jackola Engineering – Provided a history of the property and is
available after the meeting to answer any questions from the
public. Mr. Williamson stated that there was a lot of consideration
for what could be developed on the site and that the owner wants
to be a good neighbor.
Julius Macker – 127 Rimrock Ct – Opposes the project and has
concerns about wildlife and riparian habitat.
John Pipilo – 139 Rimrock Ct – Opposes the project and has
concerns for traffic impacts and safety. Mr. Pipilo stated that there
are no sidewalks that access the ball and dog parks.
Melinda Huskey – 1955 Bluestone Dr – Opposes the project and
has concerns about losing her view of the mountains. Ms. Huskey
also stated that the there is no sidewalk to the mailbox and that
Bluestone Drive is always parked up.
MOTION KCU-25-04
Kauffman moved and Graham seconded that the Kalispell City
Planning Commission adopt staff report #KCU-25-04 as findings
of fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the conditions on
the staff report.
BOARD DISCUSSION
Leckron stated that the TIS should have been conducted when
school was in session. Haskins clarified the TIS process to
Graham and Walker. Haskins stated that MDT considers school
traffic to be at the same level as summer traffic and that there
were city tube counters recently placed at Begg Park and
Bluestone for a project unrelated to the Meadows North TIS.
Walker stated that the TIS isn’t as comprehensive as it should
be. Nygren advised that developers are not legally required to
fix existing problems but that there is a process for community-
based input that would solve them. Graham stated that there
were no sidewalk requirements when Bluestone Drive was built
Kalispell City Planning Commission
Minutes of the meeting of August 12, 2025
Page | 7
and confirmed with Nygren that the single entrance meets fire
code. He also added that a second entrance would be required if
single family homes were built on the lot. Nygren advised
Borgardt that traffic studies do not address pedestrian traffic and
Haskins advised Borgardt that if Bluestone Drive was reviewed
today, it would be signed as no parking. Graham confirmed with
Nygren that there are no state codes for viewshed and that the
minimum setbacks for single family homes are 10ft and the
maximum height is 45ft. Graham stated that views are never
guaranteed and that SB382 will change the public feedback
process in the future. Nygren advised Graham and Borgardt of
the process for a special improvement district that allows
residents to fund sidewalks.
ROLL CALL
Motion passed 5-1 on a roll call vote. Kaufman, Burke, Borgardt,
Walker, and Graham voted in favor; Leckron voted against the
motion.
BOARD DISCUSSION
Graham stated that he supports the motion since the supplemental
information answered his questions.
BOARD MEMBER RE-SEATED
Young re-seated.
NEW BUSINESS Nygren updated the board on the upcoming September 9, 2025
Planning Commission Meeting and Work Sessions
ADJOURNMENT The meeting adjourned at approximately 9:38 PM.
WORK SESSION Transitioned into work session on the Montana Land Use
Planning Act.
_____________________ ___________________
Chad Graham Kirstin Robinson
President Recording Secretary
APPROVED as submitted/amended: ___________
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Montana Cadastral,
Flathead County GIS
City of Kalispell GIS,
Austin Bachurski -
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Basemap:
Esri Community Maps, ArcGIS.com
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Data Sources:
Montana Cadastral,
Flathead County GIS
City of Kalispell GIS,
Austin Bachurski -¯
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Basemap:
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Basemap:
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WYE Track
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Data Sources:
Montana Cadastral,
Flathead County GIS
City of Kalispell GIS,
Austin Bachurski -