Staff Report/Annexation and ZoningCity of Kalispell
Planning Department
17 - 2"dStreet East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1 S 5 S
website: k.alispellplanning. com
REPTO.ORT G: Kalispell Mayor and City Council
FRC3AC Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT Flathead Village Greens - Annexation and Initial Zoning of R-2
Single -Family Residential
MEETING DATE: July 2 , 2 0 07
BACKGROUND: The Kalispell City Planning Board met on June 12, 2007 and held a
public hearing to consider a request for annexation and an initial zoning designation
of R-2, Single Family Residential, on 181.6 acres located along the west side of
Highway 93 immediately north of the intersection of Highway 93 North and wild Pine
Drive, on the crest side of Highway 93. It is the intent of the property owner to
eventually subdivide the property.
Sean Conrad of the Kalispell Planning Department presented staff report # A--07-9
evaluating the proposed zoning. Staff recommended initial zoning of City R-2 based
on the surrounding city zoning and the Kalispell Growth Policy.
At the public hearing the developer's consultant, Eric Mulcahy of Sands Surveying,
spoke in favor of the proposed R-2 zoning district. Four others spoke against the
proposed zoning change. Those speaking against the requested R-2 zoning felt the city
R- 1, Suburban. Residential, with a one -acre minimum lots size was more appropriate
for the property at this time. Two people opposing the zone change thought the R.-2
zoning may be more appropriate once the planning board and council could also view
the proposed development plan in conjunction with the zone change.
After the public hearing the board discussed the proposed zone change to R-2. The
majority of the board members felt that the R-2 zoning was appropriate at this time
given the existing city zoning to the north and other development proposals the board
has reviewed in the last several months. The one board member opposed to the zone
change stated that the reason growth is happening in this area is because it is easier
and cheaper for the developer and he feels it will cause the city problems in the future.
After board discussion a motion was made and passed on a vote of 6 to 1 to forward a
recommendation that initial zoning for this property should be R-2, Single Family
Residential, upon annexation..
Flathead Village Greens - Annexation and Initial Zoning of R_2
June 25, 2007
Page 2
RECOSm
MM ENDATIOX: A motion to approve the resolution annexing the property and
a motion to approve the first reading of the ordinance for initial zoning or R-2 Single
Family Residential would be in order
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad es H. Patrick
Senior Planner City Manager
Report compiled: June 25, 2007
Attachments:
c: 'Theresa White, Kalispell City Clerk
Return to:
Theresa White
Kalispell City Clerk
Po Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5211
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNExAATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 4
AND S IN SECTION 13 AND ASSESSOR'S TRACT 6 IN SECTION 24, TOWNSHIP 29
NORTH, RANGE 22 WEST, P,M,M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN
AS FLATHEAD VILLAGE GREENS ADDITION NO.394; To ZONE SAID PROPERTY IN
ACCORDANCE WITH THE KALISPELL ZONING- ORDINANCE, AND TO DECLARE
AN EFFECTIVE DATE,
WHEREAS, the City of Kalispell has received a petition from Flathead Village Greens, the owners
of property located on the west side of Highway 93 immediately north of the
intersection of Highway 93 North and Wild Pine Drive, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's .Annexation
Request, #KA-07-9, dated June 6, 2007, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-2, Single Family Residential, on approximately 181.6 acres
upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL .AS FOLLOWS:
SECTION L That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Flathead Village Greens Addition No. 394.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF K.ALISPELL, THIS 2ND DAY OF JULY, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
KA-07-09
Flathead Village Greens Annexation
Cost of Services Analysis Residential)
Once annexed to the City, full City services will be made available to the property owner.
Any necessary infrastructure associated with a future development will be required to be
constructed in accordance with the City of Kalispell's Design and Construction standards
and any other development policies, regulations or ordinances that may apply.
Number of Dwelling Units proposed to be annexed
0
Estimated Increase in Population: (based on US Census Figure of 2.2 per household)
I
1. Cost of Services
Per capita._ costs
■ Fire: $68.84 per person per year.
Additional costs to the fire department 0 x 68.84 $ 0
■ Police: $110 per resident per year.
Additional costs to the police department 0 x 110.00 = $ 0
■ Administration. $39.48.
Additional cost to administration 0 x 39.48 = $0
■ Solid waste:
Additional cost to solid waste (none for five years) = $ 0
■ Roads: $193-56 per dwelling unit
Additional cost in road maintenance 0 x 193.56 =$ 0
■ water: $221.21 per ERU (Equivalent Residential Unit)
Additional cost in water line maintenance 0 x 221.21 = $0
■ Sewer: $329-64 per ERU
Additional cost in sewer maintenance 0 x 329.64 = $0
• Storm water: $72.68 per ERU
Additional cost in storm maintenance 0 x 72.68 = $0
'dotal Anticipated Cost of Services: $0
2. Assessment revenue based on square foo e:
Avery e s ware foot per lot (capped at 1/2 acre
■ Storm sewer assessment $0.004480 per square foot
(capped. at 1/2 acre for residential)
1
Revenue - storm sewer assessments: 1 x 21,780 x $0.004018 = $ 37
• Street maintenance assessment $0.0101 per square foot
(capped at 1/2 acre for residential)
Revenue -street maintenance assessments 1 x 21,780 x $0.0101 = $ 220
• Urban forestry assessment $0.00135 per square foot
(capped at $150 for residential)
Revenue -urban forestry assessments 1 x 21,780 x $0.00135 = $ 29
• Special Assessments: There are no special assessments. _ $ 0
• Light maintenance assessment $0.003 per square foot
(no cap)
Revenue -light maintenance assessment 1 x 21,780. x $0.003 = $ 65
Total Anticipated Revenue From, Assessments: $401
3. Tax revenue:
Assessed value of property: $ 1707000
Total assessed value: 1 x 235,000 = $ 170,000
Total taxable: 170,000 x 0.03543 = $ 6,023
Total revenue based on 170 n1il levy: $6,023 x 0.170 - 1 023
Total anticipated Revenue from Property taxes: $ 11023
4. Im ct fees revenue:
• water system impact fee $2,155 per residence
Revenue - water system impact fee upon hoof up
• Wastewater impact fee $2,433 per ERU
(A singe family home is (1) ER"
Revenue -wastewater impact fee upon connection
• Storm water impact fee $1,092 per ERU
(A single family home is (1) ERU)
Revenue -existing development
• Police impact fee $43 per singe family residential unit
Revenue -existing development
0x$2,155=$0
0 x $2,433 =$ 0
0 x $1,092 =$0
0 x $43 = $0
• Fire impact fee $533 per unit (single family residential)
Revenue -existing development 0 x $533 = $0
Total Anticipated Revenue From Impact Fees:
$o
9
REVENUE SUMIARY
Total assessment and taxable revenue to the City (Items 2 & 3) $11424
Less costs of services to the city (item 1) �0
Net aanual revenue to the city $ 19424
One Time Impact Fee Payment to the City (Item 4) $ 0
NOTE; This information is based upon assumptions regarding building valuations and
does not take into consideration the build -out time or changes in methods of assessment
and estimated costs associated with services. This information can only be used as a
general estimate of the anticipated cost of services and revenue. Additionally, the impact
fees are based on an assumption that water and surer impact fees will be paid at the time
of hook up for the existing house and that storm water, police and fire impact fees are
payable at the time of annexation of an existing residence.
3
City of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-18 5 8
Website: kalispellplanning.com
June 25, 2007
James I i. Patrick, City Manager
City of Kalispell
P.C. Box 1997
Kalispell, MT 59903
Re : Flathead Village Greens - Annexation and Initial zoning of R-2, Single
Family Residential
Dear Jim:
The Kalispell City Planning Board met on June 12, 2007 and held a public hearing to
consider a request for annexation and an initial zoning designation of R-2, Single
Family Residential, on 181.6 acres located along the west side of Highway 93
ffn ediately north of the intersection of Highway 93 North and ,"VLTiId Pine Drive, on the
west side of Highway 93. It is the intent of the property owner to eventually subdivide
the property.
Sean Conrad of the Kalispell Planning Department presented staff report #KA-07- 3
evaluating the proposed zoning. Staff recommended initial zoning of City R-2 based
on the surrounding city zoning and the Kalispell Growth Policy.
At the public hearing the developer's consultant, Eric Mulcahy of Sands Surveying,
spoke in favor of the proposed R--2 zoning district. Four others spore against the
proposed zoning change. Those speaking against the requested R-2 zoning felt the city
R-1, Suburban Residential, with a one -acre minimum lots size was more appropriate
for the property at this time. Two people opposing the zone change thought the R.-2
zoning may be more appropriate once the planning board and council could also view
the proposed development plan in conjunction with the zone change.
After the public hearing the board discussed the proposed zone change to R-2. The
majority of the board members felt that the R-2 zoning was appropriate at this time
given the existing city zoning to the north and other development proposals the board
has reviewed in the last several months. The one board member opposed to the zone
change stated that the reason growth is happening in this area is because it is easier
Flathead Village Greens Annexation
June 25, 2007
Page 2
and cheaper for the developer and he feels that with cause the city problems in the
future. After board discussion a motion was made and passed on a vote of 6 to 1 to
forward a recommendation that initial zoning for this property should be R-2, Single
Family Residential, upon annexation.
Please schedule this matter for the July 2, 2007 regular city council meeting. You
may contact this board or Sean Conrad at the Kalispell Planning Department if you
have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
,Pzr -
Bryan Schutt
President
Attachments: Staff report #KA-07-9 and application materials
Minutes of the 6 / 12 / 07 planning i r, g board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Flathead Village Greens
500 Palmer Drive
Kalispell, MT 59901
Sands Surveying
2 Village Loop
Kalispell, MT 59901
FLATHEAD VILLAGE GREENS
REQUEST FOR ]NITIAL ZONING OF R-2 UPON ANNEXATION
STAFF REPORT #KA-07-9
KALISPELL PLANNING DEPARTMENT
JUNE 5, 2007
A report to the Kalispell City Planning Board and the Kalispell City Council regarding the
request for initial zoning designations of R-2 upon annexation to the City of Kalispell on. a
131.E acre property located immediately north of the intersection of Highway 93 North
and Wild Pine Drive, on the west side of Highway 93. A public hearing has been
scheduled before the planning hoard for June 12, 2007, beginning at 7:00 PM in the
Kalispell City Council Chambers. The planning board will forward a recommendation to
the Kalispell City Council for final action..
A. Petitioner and Ow ers:
Technical Assistance.
Flathead Village Greens
500 Palmer Drive
Kalispell, MT 59901
(406) 756-8077
Sands Surveying Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6481
B. Location. and Legal Description of Property: The property proposed for
annexation lies along the west side of Highway 93 immediately north of the
intersection of Highway 93 North and Wild Pine Drive, on the west side of
Highway 93. The property can be described as Assessor's Tracts 4 and 5 in
Section 13 and Assessor's Tract 6 in Section 24, Township 29 North, Range 22
West, P.M.M. , Flathead County, Montana.
C. Existing Land Use and Zoning: The property is currently in the County zoning
jurisdiction and is zoned AG-40, Agricultural., a zoning designation that has a 40--
acre minimum lot size requirement. The purpose of the AG--40 zoning district is to
protect and preserve agricultural land for the performance of a wide range of
agricultural functions. It is intended to control the scattered intrusion of uses not
compatible with an agricultural environment, including, but not limited to,
residential development. It is also intended to serve as a holding zone keeping
large tract ownerships in tact on the fringes of the city ,in anticipation of future
urban expansion. The majority of the property is currently being used for
agricultural production.
D. AdJacent Land Uses and Zoning:
North: Silverbrook under construction, City R-2 PUD zoning
Bast. Single-family homes and agricultural land; County SAG-10 and
County B-1 zoning
South: Single-family homes and golf course; County SAG-10 zoning.
West-, Single-family homes and agricultural land; County SAG-10 zoning
E. General Land Use Character: The area can be described as changing from an
agricultural and rural residential development and densities to more urban
densities as surrounding lands annex into the city. As shown above, the land
immediately north of the site is now within city limits. This land is zoned R-2
with an approved preliminary plat to create primarily single-family homes. Within
the last month land immediately southeast of the project site, across Highway 93,
has also been annexed into the city limits with the R--2 zoning district with a PUD
overlay on it as well. with land to the north and southeast of this site in the city
limits this area is quickly changing from a once rural setting to urban
development.
F. Utilities and Public Services:
Sewer:
city of Kalispell
Water:
city of Kalispell
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
Centur y'Tel
Schools:
school District # 5
Fire:
Kalispell Fire Department
Police:
city of Kalispell
Figure 1: View of the project site looking southwest. The trees in the background are
located in the area of the Stillwater River.
EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING
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 27.30.020, Kalispell Zoning Ordinance.
1. Does the requested zone comply with the owth olicv?
On. August 7, 2006 the Kalispell City Council adopted resolution 5129B which
amended the Kalispell Growth Policy Future Land Use map north to the
intersection of Highway 93 North and Church .Drive. On the amended land use
reap the 181.6 acre project site is designated Suburban Residential with typical
densities of up to 4 dwelling units /acre.
The zon g designation being proposed for the project site is R- 2 , single Family
Residential, which is consistent with the Suburban Residential Growth Policy map
designation. The R- 2 zoning district is intended primarily for detached single-
family dwellings. It has a minimum lot size requirement of 9,600 square feet and
a minimum lot width of 70 feet. Setbacks are 20 feet in the front and 10 feet on
the sides and rear. The requested R-2 zoning provides a typical maximum density
of 3.5 units per acre.
The Kalispell Growth Policy 2020, Chapter 3, Policy 9 states in part that
suburban housing densities should not exceed two to four dwellings per gross
acre in areas designated suburban Residential. Subsection b of Policy 9 further
states that the suburban residential designation is intended to reduce density and
development impacts in sensitive areas and existing rural neighborhoods. The
proposed R--2 .zoning district limits the land uses to primarily single-family
residences with a density of approximately 3.5 dwelling units per gross acre. The
proposed R- 2 zoning district is consistent with. the Suburban Residential land use
designation and implement the policies regarding Suburban Housing as found in
Chapter 3 of the Kalispell Growth Policy.
Based on the above cited policy in the Kalispell Growth Policy the requested
zoning districts can be found to comply with the existing land use designations
and the growth policy.
2. Is the requested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed zone change of the property will increase
traffic impacts in the area due to the relatively low density afforded to the project site
based on the current zoning and the relatively higher density allowed under the
proposed zoning districts. If the requested R-2 zoning is approved, as part of the
future development proposal on the site the developer will be required to Conduct a
traffic impact study. The study would provide possible mitigation measures to the
increase in traffic the development proposal will have on existing; streets and
s ecifi.co access acts to US 93. Based on the approved traffic impact study and
through the subdivision review process, conditions will be recommended to insure
that existing streets are upgraded and new traffic routes are provided to lessen
congestion in the streets. In addition, within the next 18 months the Montana
Department of Transportation will begin to expand US 93 to a 4--lane configuration
with an interchange at Church Drive. This would help to alleviate existing traffic
conditions in the area.
3. will the requested zone secure safe from fire panic, and other dangers?
At the time this property is developed, the property owners will be required to
insure that there is adequate infrastructure in the case of an emergency. There
3
are no features related to the property which would compromise the safety of the
public. New construction will be required to be in compliance with the building
safety codes of the city which relate to fire and building safety. All municipal
services including police and fire protection, water and sewer service is available
to the property and will be utilized at the time another lot is created in the future.
4. will the re uested zone promote the health and eneral welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties and provides a place for new housing in the community.
5. will the re uested zone rovi.d.e for ade u ate 1 ht and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell zoning ordinance to insure adequate light and air
is provided.
6. will the re uested zone revent the overcrowding of land?
As previously noted, this area has been anticipated for residential development
based on the city's growth policy land use map. The anticipated densities of the
proposed zoning districts fall within the land use designation for the site. All
public services and facilities will be available to serve this property. An
overcrowding of land would occur if infrastructure were inadequate to
accommodate the development in the area. This is unlikely to occur.
7. will the re uested zone avoid undue concentration of eo le?
An increase in the number and concentration of people in the area will likely result
after this land has been converted from county agricultural zoning to a more intensive
residential use. However, the intensity of the uses of the property would be in direct
relationship to the availability of public services, utilities and facilities as well as
compliance with established design standards. The design standards and availability
of utilities would provide the infrastructure needed to insure that there will not be an
overcrowding of the land or undue concentration of people. Minimum lot standards
and use standards as well as subdivision development standards will avoid the
undue concentration of people at the time the property is further developed.
8. Will the reguested zone facilitate the adequate provision of transportation,, water
sewerage, schools arks and other public requirements?
Public service, facilities and infrastructure would be made available to the developer.
The developer would need to extend the needed city services that are not currently
extended to the property at the developers' expense and in accordance with the city's
policies and standards. Fire, police, ambulance and public access are adequate to
accommodate potential impacts associated with the development of this site. All
public services and facilities are currently available or can be provided to the
property.
9. Does the re quested zone give consideration to the articular suitabili of the
4
propeKtK for Particular uses?
The 131. 6 acre site is fairly level throughout with some steep slopes along the
Stillwater River which makes up the western boundary of the project site. As
stated previously, Chapter 3, policy 9(b) of the Kalispell Growth Policy states that
the suburban residential designation, the current land use designation on the
project site, is intended to reduce density and development impacts in sensitive
areas.
The proposed R-2 zoning district would limit the use and residential density on
the project site to what could be considered suitable for the 181.6 acre project
site. As part of the subsequent review of a subdivision project on this site the
review includes addressing impacts to the public's health and safety. Steep
slopes would fall under this category and modifications to a future development
plan may be required to address issues pertaining to the steep slopes.
10. Does the requested zone pive reasonable consideration to the character of the
district?
The general character of the area is agricultural in nature today however this is
quickly changing to more intensive residential development. The proposed zoning
allows this development to address needs within the community for housing and
support services on public services and in reasonable proximity to the City core for
the future. Availability of public crater and sever to the area indicate that this type of
development will continue to occur on the urban fringes of the community to be
developed with similar types of uses as is proposed with this property, i.e. suburban
or urban residential rather than rural or agricultural uses. It appears that the
proposed rezoning gives reasonable consideration to the character of the district.
11. will the proposed zone conserve the value of buildings?
The development anticipated under the proposed zoning is more intensive than the
land uses currently surrounding three sides of the site accept. However, the area is
in the path of expansion by the city. The site immediately abuts the Silverbrook
subdivision located along a portion of the project site's northern boundary. City
standards will insure that there is high quality development which will insure the
value of buildings and homes is protected, maintained and conserved. Value of the
buildings in the area will be conserved because the zoning will promote
compatible and life uses on this property as are found on other properties in the
area.
12. will the re uested zone encourage the most appromate use of the land
throughout the municipa]lty:�
Residential development is encouraged in areas were services and facilities are
available or can be extended to serve such development such as the subdivision
being proposed in conjunction with the annexation and initial zoning request on
this parcel. The proposed zoning is consistent with the growth policy plan.
5
RECOA ENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report I --07-9 and recommend that initial zon* g of the 181.6 acre site he R-2 as
shorn on the zoning district map for the property.
101
City of Kalispell
Planning Department
17 - 2""' Street Fast Suite 21.1.. Kalispell, Montana 59901
Telephone: (446) 751-1.850
Fax: (406) 751- 1858
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: Elgftk Villyge
MAIL ADDRESS- �� 1
CITY/STATE/ZIP-4 ll MT 59901 PHONE:—(406). 752-5666
INTEREST IN PROPERTY: Owner
Other Parties of Interest to be Notified:
PARTIES ofINTEREST:- Inc
MAIL ADDRESS: 2 Villag Lgo
CITY/STATE/ZIP: a.l' ll MT 59901 PHONE: (400.75-6481
INTEREST IN PROPERTY:-
PLEASE COWLETE THE FOLLOWING:
A. Address of the property: -W&hw--a-.y 93 N rth A s n n i n
B. Legal Description: (Subdivision Name, Lot & Bloch and/or Tract Number
(Secdon, Township, Ranged 's Ira ut 'on 13...and Tract 6 in Section_
i
24.
To .
(Attach sheet for metes and bounds)
C. in zone change (ac) J81.637 Ac e
III. The present zoning of the above property is: AQ40 Highway 93 North Z12
E. The proposed zoning of the above property is; -2KgW_p11..MA.PUDv
F . State the changed or changing conditions that make the proposed amendment necessary. -
The
r e iand to the agigh.-d jk._Si1vqr.BLqgk. d vel m t_Jbg Mrepg&
zon innixud iytg Jk..(:jty L' f KgjjVe1j,,with th inngxa n l tting,.gf th
r veer r sc will v' i for. UrbN-acyclont.
The i f &jj=llJacjg&d e su jegj vroe in tS.Hig-h-M 93 rthQmm&.Policy
ment m* f 006 i ll P 1icdoi�.ft
' - .
ro r i i e e f 3 1 r acre. The p=g§fd
R-2 PIM 994= desigggign.will 5 units.ppr re.
The signing of this application signifies that the foregoing information is true and accurate
based upon the best information available and further grants approval for Kalispell Planning
staff to be present on the property for routine inspection during the annexation process.
(Applicant)
s"/V/O
ate)
0
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION To ANNEX
AND
NOTICE of WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real, property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-24610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed,
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the West Valley Rural Fire District under the provisions of Section 7 -3 3 -212 7,
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 shad 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.
J71VIo 7
0
A &ZI Petitioner/owner Date
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to he annexed.
STATE OF MONTANA }
ss
County of Flathead County
On this day of I Gt�_,v2047 before me, the undersigned, a Notary Public for
the State of Montana, per na11y 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 Va EREDF, I have hereunto set my hand and affixed my Notary Seal the day and
year its this certificate first above written.
Notary Public, State of fir t7a
Residing at
My Commission expires: ��
Exhibit A
DESCRIPTION:
A TRACT OF LAND,, SITUATED, LYING AND BEING IN THE NORTH HALF OF THE
NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 24 and IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER. AND IN
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 29
NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the northwest corner of the Southwest Quarter of the Southeast Quarter of Section 13,
Township 29 Mardi, Range 22 West, P.M.,M., Flathead County, Montana which is a found iron pin;
Thence along the north boundary of said S W I l4 SE 1 f 4 N8 9° 31' 07"E 1334.15 feet to a found iron pin and
the northeast corner thereof; Thence along the east boundary of said SWi14SE114 S00°12'40"E 458.62 feet
to a found iron pin? Thence S40°41'04"E 29.77 feet to a found iron pin; Thence S00°21'44"E 29.94 feet to
a found iron pin; Thence S00°04"I 8"E 805.30 feet to the southwest Corner of the Southeast Quarter of the
Southeast Quarter of said Section 13; Thence along said boundary N89Q2I'53"E 141.34 feet to a found iron
pin; Thence N89'38'26"E 276.37 feet to a found iron pin; Thence N89'33'35"E 462.49 feet to a found iron
pin; Thence N89°34'22"E 322.94 feet to a set iron pin on the westerly R/W of U.S. Highway 93 which is
on a 5872.70 foot radius curve, concave northeasterly (radial bearing N86 ° 4 5' 3 3 "E); Thence southeasterly
along said curve and along said R!W through a central angle of 00°23' 07" an arc length of 39.48 feet to a
set iron pin; Thence S03037'34"E 298.52 feet to a set iron pin and the P.C. of a 5610.24 foot radius curve,
concave southwesterly, having a central angle of 02°40' 15"; Thence along an arc length of 261.52 feet to a
set iron pin; Thence S13' 15'09"E 140,72 feet to a found aluminum cap; Thence S00° 16'36"E 582.94 feet
to a found iron pin on the south boundary of the North Half of the North Half of Section 24 of said
Township 29 North, Range 22 West; Thence along; said boundary S89131' 13"W 3819.81 feet to the
approximate centerline of the Stillwater Rivera Thence along said centerline the following twelve (12)
courses: N42000'd4 T 92.34 feet; N62030}00"E 260.00 feet; N04°30'00"E 210.00 feet; N25°00'041W
220.00 feet; N09"00'00"W 570.00 feet; N16°00'00"W 220.00 feet; N04°00'00"E 130.00 feet;
N35030100"E 220.00 feet; N27°30'00"E 350.00 feet; N21°00'00"W 192.00 feet; N46000'00"W 400.00
feet; N29000'04"W 222.36 feet to the north boundary of the Southeast Quarter of the Southwest Quarter of
said Section 13; Thence along said boundary N89131' 20Y'E 1312.66 feet to the point of begxru .5 and
containing 181,637 ACMES; Subject to and together With all appurtenant easements of record.
ORDINANCE NO. 1616
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 4
AND 5 IN SECTION 13 AND ASSESSOR'S TRACT 6 IN SECTION 24, TOWNSHIP 29
NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY AG-40, AGRICULTURAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Flathead Village Greens, 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-2, Single Family Residential, on approximately 181.6 acres of land,
and
WHEREAS, the property is located on the west side of Highway 93 immediately north of the
intersection of Highway 93 North and Wild Pine Drive, and
WHEREAS, the petition of Flathead Village Greens Was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-07-9, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-2, Single Family Residential, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on June 12,
2007, and recommended that the initial zoning be City R-2, Single Family
Residential, upon annexation to the City of Kalispell, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, Single Family Residential, the City Council finds such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KA-07-9.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as R-2, Single Family Residential on approximately
181.6 acres.
SECTION I1. The balance of Section 27.02.010, Official zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL. AND SIGNED BY THE MAYOR. OF THE
CITY OF I ALISPELL, MONTANA, THIS 16TH DAY GF JULY, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk