Staff Report/Annexation & ZoningTri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
trio ity*centurytel. net
www.tricitypianning-mt.com
REPORT TO. Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Scott and Wanda Grace - Annexation and Initial Zoning of R-4,
Two Family Residential
MEETING DATE: June 2, 2003
BACKGROUND:. This is a request by Scott and Wanda Grace for an initial zoning
designation of R-41 Two Family Residential, upon annexation into the city. The
property proposed for annexation is located on the southern end of Fourth Avenue
West and contains approximately one acre. The property will be subdivided at some
point in the future, but no preliminary plat or development plan has been submitted
at this time Currently the property is in the County zoning jurisdiction and is zoned
R-5, a Two Family Residential zoning district.
A public hearing was held before the Kalispell City Planning Board at a meeting of
May 13, 2003 regarding this matter. The applicants spoke at the public hearing
stating that this property has been in their family for 50 years. They are purchasing a
portion of the property from their grandparents and plan to develop single story
duplex townhouses. One of the residents of the area spoke in opposition and was
concerned about additional traffic that might be generated in the area once the
property is developed and about children in the area getting hurt by her horses which
she has pastured nearby. There was no other testimony from the public.
A motion was made and passed unanimously by the Kalispell Planning Board to
forward a recommendation to the Kalispell City Council that initial zoning for this
property should be R-4, Two Family Residential, upon annexation to the city.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4
zoning upon annexation would be in order.
I*
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATrVES: As suggested by the city council.
Providing Community Planning Assistance To:
City of Kalispell * City of Whitefish * City of Columbia Falls •
Grace Annexation and Initial Zoning
May 28, 2003
Page 2
Respectfully submitted.,
Narda A. Wilson
Senior Planner
Report compiled: May 28, 2003
c: Theresa Mite, Kalispell City Clerk
Chris A. Kuku.lski
City Manager
Attachments: Transmittal letter
Staff report KA-03-10 and application materials
Draft minutes from S/ 12/03 planning board meeting
TRANS SIT\KALISPFLj2003 \KA03- 10MO
-RESOLUTION NO. 4795
A RESOLUTION TO PROVIDE FOR. THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
:REAL PROPERTY, AS MORE PARTICZJLARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.NI.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS GRACE ADDITION NO.329; TO
ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL INTERIM ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from. Scott and Wanda Grace, the owners
of property located at the southern terminus of Fourth Avenue West, requesting that
the City of Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Scott and Wanda Grace's
Annexation Request, #KA-03-10, dated May S, 2003, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-4, Two Family Residential, upon annexation into the City
of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KA.LISPELL AS FOLLOWS
SECTION 1. That all the real property as described on Exhibit "A." be annexed to
the City of Kalispell and the boundary of the City is altered to so
provide, and shall be known as Grace Addition No. 329.
SECTION 1I. 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 111. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Interim Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 2ND DAY OF JUKE 2003.
Pamela B. Kennedy
Mayor
Theresa White
City Clerk
EXHIBIT A
SCOTT AND WANDA GRACE
LEGAL DESCRIPTION FOR ANNEXATION
D45CR� IIo':.
A TRACT OY. IJiND SITUATED, z 'L` YING AND-' BEING' IX T-M; SO= II&I-tv OF
THE SOUTHEAST AST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21
WEST, p . H . , K , , FLATRE&D COUNTY , XQNTANA , AND MORE pARTI CUTARLY
DESCRIBED A$ FQLLQWS TO WIT
B: t ri e t or - tie- VI at Of I fb'.R 1 a 2,
SUBDIVISION (,records of Flathead County. Montana) , which is a found
iron pin on the easterly R f w of 4th ACE WEST; Thence along _said
R * 11 r l61rF 25.98 feet . t�o a seiron p
t ai
W N00n #* Thence K88 * 231 111E
� 2 3 2.21 f opt to a. set iron pin,* Thence SOO o3 813 7 "B 2 0 5 * 13 feet to
a found iron pin; Thence s S 3 4 5 413 3 "W 109,03 feet to a found iron
pin; ; Thence R3 0 '05o ,? 14"wW _Z 4.7 6 feet to a set 'iron pin on the
southerly R/W of a 50.00 foot radius oul -da"-Sao , Concave
northeasterly (radial bearing N5$ Q 1 4,10511W`) : Thence southwesterly
and northwesterly along said Cup -d sac thr ougb a centrAl angle of
1480211490 an aro length of 12 3 , 4 7 foot t0 a : set iron pin on the
east boundary of said Plat of HUNTFoR 1 & 2 SUBDIVISION Thence
alongsaid east boundary No0 " o71 �4414B 92.65 feet to the point of
- ether with a 40 and 60
beginning and containing0: 983 �►�� � '��
foot road and utility easement ]mown as +nth AVENUE WEST 45
hereon; Subject to and tc gaffer with all ic►ppurten4pt oozes tP Pf
recards
GRACE INI'T''IAL ZONINGr A request by Scott and Wanda Grace for an initial zoning
UPON ANNEXATION designation of R.-4, Two Family Residential, on approximately
one acre located at the southern terminus of Fourth Avenue
West upon annexation.
Anderson disclosed that her employer, Glacier Bank, is
involved with the project but that she has not personal
interest or gain. The rest of the board was agreed that this
was not a reason for her to step down on this project.
STAFF REPORT Garda Wilson, with the Tri-City Planning office, gave a
KA-03-10 presentation of staff report KA- 03-1. o, a request for initial
zoning upon annexation of approximately one acre located at
the southern terminus of Fourth Avenue west.
Wilson stated that this is an approximately one acre portion
of a tract proposed for annexation and will be subdivided at
some point in the future. She stated that it will probably
come in as a minor subdivision and will go directly to the city
council. She stated that the property is currently zoned R-5,
a Two Family Residential zoning district in, the County that
allows duplexes and single family dwellings as permitted
uses. The closest zoning designation to that is City R-41
which also allows duplexes and single family homes but
requires a slightly larger lot size. she stated that the utilities
for the site are in the road to the west with a fire hydrant at
the end of the road. The extension of utilities to the site
would be simple. She said all residential uses in the area are
similar to that being proposed, primarily single family
residential and some duplex units. she noted that there is a
duplex on the Hunter Addition immediately to the west and
that the plans to develop this property are entirely consistent
with the neighborhood, and the kind of development we
would anticipate for the area.. she said that the Kalispell
Growth Policy anticipates this area to develop as urban
Residential and the R-4 zoning designation is consistent with
that designation and public utilities are readily available.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the issue.
APPLICANT/AGENCIES Toni. Sands, 2 village Loop, Kalispell, stated that they have
been helping the developers, Scott and Wanda Grace, with
the project and that he is here to answer questions. He
stated that Scott and Wanda Grace and Scott's grandmother,
the owner of the property, are also here to answer questions.
Scott Grace, the property owner and applicant stated he felt
there is a shortage of upscale townhouses available which
are attractive to a certain type of clientele. He stated that
there are not enough single level townhomes on the market.
He said that he uses all local contractors, which keeps
Kalispell City Planning Board
Minutes of the meeting of May 13, 2003
Page 3
dollars in the valley. The development will have off street
parking, and because they are single level, they will not block
anyone's view. He said that water and serer will be available
to others at the end of the street, if they want to connect, and
that the townhouse yards will be fenced and landscaped. He
stated that the land has been in his family for 50 years and it
has sat vacant.
PUBLIC COMMENT
Jan Cusick, who lives at the top of 4th Avenue West, said her
concern is that 4th Avenue west is very narrow with no alley
access. She said that the traffic is bad and that they have
had problems with people parking on the street, and children
play in the street constantly. She stated that traffic is very
bad, particularly during football games. She said that she
has 10 acres with horses and that Ashley Creek is right
there, and that she has worries about her liability with kids
sledding, etc. She is worried about the increase in traffic and
kids running around.
No one else wished to speak and the public hearing was
closed.
MOTION
Norton moved and Johnson seconded to adopt staff report
KA -03-10 as finding of fact and, based on these findings,
recommended to the Kalispell City Council that the initial
Zoning for this property should be R-4, Two Family
Residential, on approximately one acre upon annexation to
the City.
BOARD DISCUSSION
Norton thanked the Graces for seeing the need in the
community for single level townhomes.
Wilson spoke to concerns about on street parking stating
that the design they have discussed for any future
subdivision would involve a cul-de-sac which would come off
of 4th and be built to city standards. She stated that any
additional development that would occur would be from the
new city street with new access to those lots with off street
parking. She stated that any additional on street parking
should be minimal.
Van N atta asked if It would be an extension of 4th Avenue
West to the south. Wilson said it would be.
ROLL L CALL
The motion passed on a roll call vote.
RHODES ZONING TEXT
A request by Mark Rhodes to amend Section 27.13.020 of
AMENDMENT REQUEST
the Kalispell Interim Zoning Ordinance, permitted uses in
the B-1, Neighborhood Buffer District, to allow limited drive
through facilities and residential uses as additional
permitted uses in the district.
Kalispell City Punning Boar.
Minutes of the meeting of May 13, 2003
Page 4
Tri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity a*centurytel.net
May 22, 2003
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, 111I'T' 59903
Re: Scott and Wanda Grace - Annexation and Initial zoning of R--4,
Two Family Residential
Dear Chris:
The Kalispell City Planning Board met on May 13, 2003 and held a public hearing to
consider a request by Scott and Wanda Grace for an initial zoning designation of R-4,
Two Family Residential, upon an.n.exation into the city. The property proposed for
annexation is located on the southern end of Fourth avenue West and contains
approximately one acre. The property will be subdivided at some point in the future,
but no preliminary plat or development plan has been submitted at this time
Currently the property is in. the County zoning jurisdiction. and is zoned R-5, a Two
Family Residential zoning district.
Narda Wilson, of the Tri-City Planning office, presented staff report KA--03-10
evaluating the proposed zoning. She noted that the Kalispell Growth Policy
anticipates that this property will be developed at an urban residential density with is
consistent with the proposed R--4 zoning. other properties in the immediate area are
zoned R-4 and this zoning is consistent with the neighborhood zoning in general. The
staff recommended that the board forward a recommendation for R-4 zoning upon
annexation..
The applicants spoke at the public hearing stating that this property has been in their
family for 50 years. They are purchasing a portion of the property from their
grandparents and plan to develop single story duplex townhouses. one of the
residents of the area spoke in opposition and was concerned about additional traffic
that might be generated in the area once the property is developed and about children
in the area getting hurt by her horses which she has pastured. nearby. 'There was no
other testimony from the public.
The board discussed the zoning in the area and agreed the R-4 zone was appropriate
for the property since it already has a duplex zoning designation in the county. A
motion was made and passed unanimously to recommend to the Kalispell City
Council that the property be zoned R-4, Two Family Residential, upon annexation.
Providing Community Planning Assistance To:
• City of Columbia Falls ; City of Kalispell * City of Whitefish •
Grace Annexation and Initial Zoning
May 22, 2003
Page 2
Please schedule this matter for the June 2, 2003 regular city council meeting. You
may contact this board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Sincerely
Kalispell City Planning Board
Ron Van Natta
President
RVN/NW
Attachments: Petition to annex (original)
Exhibit A -legal description
Staff report KA-03- 10 and application materials
Draft minutes 5/13/03 planning board meeting
c w/ Att.- Theresa White, Kalispell City Clerk
c w/o Att: Scott and Wanda Grace, 31 Velva Drive., Kalispell, MT 59901
Ernest and Alice Barry, 1401 Fourth Ave West, Kalispell, MT 59901
Sands Surveying, 2 Village Loop, Kalispell, MT 59901
PETITION No.:
PETITION To ANNEX.
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7_2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from. the Rural Fire District under the provisions of Section
7
-33- 127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with., and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
.................... . . . ..
Petitioner weer Aate
S& S
Petitioners er D
Please return this petition to:
Tri--City Planning Office
17 Second Street East, Suite 211
Kalispell MT 59901
Nate: Exhibit A. (legal description) must be attached for the petition to be valid.
STATE OF MONTANA )
ss
County of Flathead County
STATE OF MONTANA )
ss
County of Flathead County
On this day of , before me, the unde "gned, a Notary Public for
S
the State of Montana, personally appeared IL
known
to me to be the person whose name is subscribed to the foreg6ing instrument nd acknowledged
to me that he/she executed the same.
STATE OF MONTANA )
ss
County of Flathead
On this day of , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
, the , and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS Vi-EREoP, I have hereunto set my hand and affixed nay Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
010-
SCOTT AND WANDA GRACE
REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATIO I
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-03-10
MAY 512003
A re -port to the Kalispell City Planning Board and the Kalispell City Council regarding
an initial zoning designation of R-4 upon annexation to the city of Kalispell. A public
hearing has been scheduled before the Kalispell City Planning Board and Zoning
Comrmssion for May 13, 2003, beginning at 7-.00 PM, to consider appropriate zoning
for the area property to be annexed. The planning board will forward a
recommendation for appropriate zoning to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The apphcant has -petitioned for annexation and an initial zoning designation of R-4, a
Two -Family Residential district, on appro) =*ately one- IvW acre. The applicants
intend to purchase an approximately one -acre portion of tract for the purposes of
future development. The existing single-family home will be retained by the current
property owners as a remainder parcel. This report evaluates the appropriate
assignment of a City zoning classification in accordance with Section 27.03.010(4) of
the Kalispell Interim 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.
A. Petitioner / Owner: Scott and Wanda Grace
31 Velva. Drive
Kalispell, MT 59901
(40b} 257-9062
Ernest and Alice Barry
1401 Fourth Ave West
Kalispell, MT 59901
Technical Assistance: Sands Surveying, Inc
2 Village Loop
Kalispell, MT 59901
(406) 755-6480
B. Location and Legal Description of Propertyle, The property proposed for
annexation and the initial zoning request is located at the southern terminus of
Fourth Avenue West and can be described as an approximately one- laW acre
portion of Assessors Tract 8TVAD located in Section 18, Township 28 North,
Range .21 West, P.M.M., Flathead County, Montana.
C. Existing Zoning,*. The property proposed for annexation is in the West Side
County zoning jurisdiction and is currently zoned R-5, Two -Family Residential.
This district is defmed as "A residential district with m lot areas.
Development within the district will require all public utilities and all community
facilities. Duplexes are allowed in this district." Permitted uses in this district
are generally limited to residential uses. The conditionally permitted uses allow
some non-residential uses but those are limited to churches, daycare centers,
M,1111 and RV storage, RV Parks and campgrounds and golf courses. The
minimum lot size requirement of the County R-5 zoning district is 5,400 square
feet.
D. Proposed Zoning: The proposed R-4, Two -Family Residential, zone allows
duplexes and sm*gle-family residences as permitted uses and has a minimum lot
size requirement of 6,000 square feet and a width of 50 feet. The proposed City
R-4 district more closely reflects the existing and intended uses for the property
and is consistent With the other City zoning *in the immediate area.
E. Size: The area proposed for annexation and zoning contains approximately one
acre that will be segregated from the original parcel.
F. Existing Land Use: The property proposed for annexation is currently
undeveloped and will be segregated as a portion of the larger parcel where a
single-family home exists. The single-family home will be retained by the current
property owners M the county as a remainder of the original tract.
G. Adjacent Land Uses and Zoning., The land use in the area is primarily single-
family residential along with some duplex homes. The high school football field
lies directly to the east while the rest of the immediate surrounding area has
single-family homes.
H. General Land Use Character: The general land use character of this area can be
described as primarily residential, but with some non-residential uses that would
generally be considered support services such as the school (ball field).
Utilities and Public Services: All available public services and facilities will be
provided to these properties at the same level of service as other properties
similarly situated in the city limits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
School District #5, Kalispell
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change M zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
Does the requested zone cgD=il with the growth poh
The property is designated by the Kalispell Growth Policy future land use map as
"Urban Residential" which anticipates residential development with a density of
0)
3.
0
'60
between four to 12 dwelling units per acre. Because of the provision of public
water and sewer to the site, the proposed R-4 zoning designation is in compliance
with the future land use designation for the area. The R-4 zoning has a
minimum lot size requirement of 6,000 square feet with each lot allowing a
duplex or a base density of one dwelling per 3,000 square feet. This same zoning
designation has been applied to most properties *in the west Kalispell area. The
proposed zoning is in compliance with the anticipated land use for the area with
anticipates a mix of single-family and duplex dwellings in urban residential
areas.
Is the requested zone di
esimed to lessen congestion n the streets' P
Once the property is developed, all of the improvements and infrastructure will
be constructed to City standards. Traffic in the area will increase insignificantly.
The requested zoning designation and subsequent development of the site will
not lessen congestion in the streets in the area, but is anticipated to occur as
development of the area continues.
Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. 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 area and will be extended as part of the
development of this property at some point in the future.
Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and providing a place for new housing in the community.
Will the requested zone p ovide for adequate 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.
-# e%
Will the requested zone p event the overcrowding of lancLe
As previously noted this area has been anticipated for urban residential
development and now that public water and sewer are in close proximity an R-4
zoning designation is appropriate. The anticipated density falls within the
pn
proposed R-4 zoning designation. All public services and facilities will be
available to serve this subdivision. Currently this property is in the County
jurisdiction and is zoned R-5, Two Family Residential, but they do not have
access to public sewer and water without annexation.
3
7. Will the requested zone avoid undue concentration of people.
The allowable density for this property will not change as a result of annexation
which is currently zoned for single-family homes and duplexes. Mil =*Um lot
standards and use standards as well as subdivision development standards will
avoid the undue concentration of people at the time the property is developed.
vol
8. Will the requested zone facilitate the adequate. provi. sion of trans -portation water,,
-
sewerMe,- schoolsarks are d other -public reLuirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged m* areas where these services are
available.
9. Does the re nested zone give consideration to the particular su.ita.bili of the
roe
-particular uses?
The proposed R-4 zoning district is consistent with the surrounding zoning and
land uses in the area and vgigives due consideration of the suitability of this
property for the permitted uses in the district.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is urban sized lots for residential development
on City sewer and lower density development where on -site sewage treatment
methods are being used. The same type and density of development can be
anticipated to occur on this property that is in the area and will be consistent
with the character of the neighborhood.
Will the proposed zone conserve the value of buildingsp
Value of the buildings in the area wild be conserved because the R-4 zoning will
promote compatible and like uses on this property as are found on other
properties in the area.
12. Will the reguested zone encourage the roost .-a-ppropriate use of the land
throughout the municipale tv?
Urban scale residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this parcel. The
proposed zoning is consistent with the future land use designations for the area
and surrounding zoning in the area.
1,1110,4XOM 63MIM 0 '01
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-03-10 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for this property upon annexation be R-4, Two Family Residential.
i's
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT T:—SCOTT AND WANDA GRACE
MAIL AUD?USS:. 31 VELVA Dt TE
CITY/STATE/ZIP: KALISPELL, MT 59901 PHONE:
INTEREST IN PROPERTY: DEVELOPER
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:, SANDS SURVEYING INC
... ..... ... ..... .... ......... .... ...... .. .... ..... ....
257-9062
CITY/STATE/ZIP: KALISPELL, MT 59901 PHONE:— 755-6480
INTEREST IN PROPERTY: TECHNICAL SUPPORT
10
PLEASE COMPLETE THE FOLLOWING.
Address of the property: ..... ... ....... . . 140141" AVE WEST
Legal Description:
(Lot and Block of Subdivision: Tract 4)
SECTION 18, T28N, R21W
(Section, Township, Range) (Attach metes and bounds as Exhibit A),
The present zoning of the above property is: COUNTY R-5
The proposed zoning of the above property is:
KALISPELL R-4
State the changed or changing conditions that make the proposed amenchnent necessary:
THE PROPERTY IS ADJACENT TO KALISPELL CITY LIMITS -THE DEVELOPER
WOULD LIKE TO UTILIZE CITY WATER AND SEWER FOR HIGHER DENSITY
.DEVELOPMENT.
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Tn-City Plan ='g staff to be present on the
property for routine m*spection during the annexation process.
/7
{Applicant) kiiate}
APPLICATION PROCESS
4 PPLICABLE TO ALL ANNEXATION AND INHUL ZONING APPLICATIONS
1. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede filing of this
application. Among topics to be discussed are: compliance with the master plan, compatibility of
proposed zoning with surrounding zoning classifications and the application procedure.
2. Completed application form.
3. Completed Petition to Annex form including an Exhibit A. legal description of the property.
4. Annexation and Initial Zoning Fee made payable to the Tn*-City Planning Office.
5. Fee Schedule
None
6. A bona fide legal description of the property from a recent survey, title report or deed which accurately
describes the property to be annexed.
lop
2
PETITION NO.. -
PETITION
AND
NOTICE iWITHDRAWAL RURAL
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 vexation Service plan for
this annexation pursuant to Section 7-2- 4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioners further herein express an intent to have the property as herein described
withdra.wri from the 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 shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
Petitioner YM Aate
a
Petitioner/ er DL,
Please return this petition to:
Tri-City Planning Office
17 Second Street :fast, Suite 211
Kalispell M' 59901
Note. Exhibit A (legal description) roust be attached for the petition to be valid.
STATE OF MONTANA
SS
County of Flathead County
On this q" day of fore A me e undersigned, a Notar
8Zfo�e nee, y Public for
the State of Montana, personally appeared . ... . . .. ....... ............. known
to me to be the person whose name is subscribed to the foregoing iffiniument and acknowledged
to one that he/she executed the same.
IN WITI',-IrESS WBEREOF, I have hereunto set my band fixed my Notary Seal the day and
year "IT'i this certificate first above written.
N6&
lic fr& S to of Montana
Residing at I in
My
Commission expires: i ApAs4o IDS'
STATE OF MONTANA
• ss
County of Flathead County
On this TL day of before me, the unde ed a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foreg6ing m*strument4nd acknowledged
to me that he/she executed the same.
!N �rjwLrDTES S WHEREOE, I have hereunto set my hand ffixed my Notary Seal the day and
year in th hs certificate first above written.
. . ........... ..... .. . . . .
" f
State Montana
Resldm*g at
My Commission expires.... IT,
STATE OF MONTANA
ss
County of Flathead
On this day of -s� - before me,, the undersigned, a Notary Public for
The State of Montana., personally appeared and
. the Pand
respectively, of the
corporation that executed the foregoing instrument and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WBEREOF, I have hereunto set my hand and afffixed my Notary Seat the day and
year in this certificate first above written.
.................. .. .
Notary Public, State of Montana
Residing at
My Commission expires
JANCTO - 2003
Zone Change, Variance, Conditional Use, PUD, Annexation & Zoning
APPLICANT: SCOTT AND WANDA GRACE
I, the undersigned, certify that I did this date snail a copy of the attached
notice to the following list of landowners within 150 feet of the property
lines of the property that is the subject of the ap ieation.
s
Date:
SCOT I` & WANDA GRACE
31 VEL"' A DRIVE
KALISPELL MT 59901
SANDS SURVEYING INC
2 VILLAGE LOOP
KALISPELL MT 59 901
NOTICE OF PUBLIC HEAkMG
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSIG1.1", -.1
The regular meeting of the Kalispell City P1 g Board and Zoning Commission is
scheduled for Tuesday, May 13, 2003 beginning at 7:00 PM in the Kalispell City
Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The pl "I"ling
board vU hold a public hearing and take public comments on the following agenda
items. The board will make a recommendation to the Kalispell City Council who will
take final action.
1.A proposal initiated by the City of Kalispell for assignment of initial zoning upon
annexation to the city of properties located in the southeast portion of Kalispell to
be known as the Meadow Park Annexation which contains apprW =*ately 49.3
acres. These properties are generally located between Hwy 93 and Willow Glen
Drive primarily south of Kelly Road as well as several north of Kelly Road and are
shown on the attached vicinity map. Consideration of the assignment of
appropriate City zoning designations for this area will be considered at the public
hearing and will be consistent with the current County zoning designations.
Proposed City zoning once annexed to the city is B-5, a Business / Industrial
zone that allows a wide variety of commercial and industrial uses and R-4, Two
Family Residential that anticipates single-family, duplex and duplex townhouse
dwellizzgs as the primary uses. This area is being annexed under Section 7-2-43,
Annexation of Contiguous Land. The property proposed for annexation and
zoning can be generally described as including the following properties: Meadow
Park, Meadow Park Unit 2, a portion of Greenacres Unit 4, ABC Addition,,
Southgate Villages Condo, Amended Plat of Millers One, miscellaneous tract
lands as well as the privately owned roads within these subdivisions all located in
Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
2. A request by Scott and Wanda Grace for an initial zoning designation of R-4, Two
Fan -lily Residential, upon annexation to the city of Kalispell on approximately one
acre of property located at the southern end of Fourth Avenue West in Kalispell.
The R-4 zoning district anticipates sm'gle-family and duplex dwellings as the
p ary uses and has a lot size requirement of 6,000 square feet.
Currently the property is located in the county zoning jurisdiction and is zoned
R-5, Two Family Residential, a similar zoning district. The property can be
described as a portion of Assessors Tract 8TVAD located in Section 18, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
3. A request by Mark Rhodes to amend the Kalispell Zoning Regulations to allow
limited drive through facilities and residential uses *in the B-1, Neighborhood
Buffer district as additional permitted uses in the district. The proposed
amendment could apply to all areas of the city zoning jurisdiction which are
zoned B- 1.
Documents pertal=* g to these agenda items are on file for public m*spection at the
Tr. -City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and
are available for public review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views ainui
concerns Imown to the Board. Written comments may be submitted to the Tri-City
Planning Office at the above address, prior to the date of the hearm*g,. or contact Narda
Wilson,, Senior Planner, at (406) 751-1850 for additional inform on.
Thomas R. Jentz
Ply -"; r g Fire ctor
PHILIP L & JENNIFER TIN. M
1300 4TH AVE W
KALISPELL, MT 59901
ERNEST A & ALICE JOYCB B.ARRY
1401 4TH AVE W
KALISPELL, NIT 59901-5661
MIA. M CRONK
1245 4TH AVB W
KALISPELL,, MT 59901-5657
ALLBN R. & ILBE GUSTAFSON
1245 4' AVE W
KALISPELL, NIT 59901. -5657
DOROT1 Y N. BROAD
1.229 4TH AVE W
KALISPELL,, NIT 59901-5657
LINDA N1 CUSICK
1405 4TH AVE W
KALISPELL, NET 59901-5661
DEBBIB L SMITHLIN
1405 4TH .AVL W
KALISPELL, NIT 59901-5661
TAMMY NI GUSTAFS N
1405 4TH AVE W
KALISPELL,, MT 59901-5661
BRA R BO A
� ALISPLLL, NIT 59901--5661
IITC1-1LLL R & ROXANNB P
'V C HENRY
'�54THA LW
1-.LISPELL, MT 59901-565 7
KEVIN ALLBN--SCHMID
EUGENIA. ALLBN-SCHMID
1405 5TH AVB
KALISPELL, NIT 59901-5521
DOUGLAS K & LINDA A KNUTSON
�824 FOOTHILL RD
KALISPELL, MT 59901
MYRNA J PRICE
12284'AVE W
KALISPELL, MT 599Q 1-565 8
CITY OF KALISPELL
PCB BOX 1997
KALISPELL, NIT 59903-1997
SCHOOL DIST NO 5
2J3 15TAVE B
KALISPELL, NIT 59901-4560
STBVBN W & NANCY K H RREL
1411 5TH AVB W
KALISPELL, MT 59901-5521
SCOTT & WANDA GRACE
31 VBLVA. DR.
KALISPELL, MT 59901
SANDS SURVEYING INC
2 VILLAGE LOOP
KALISPBLL, MT 59901
I
I N
------ . .. .......
. . ... ... ..... ....................
VICINITY MAP
SCOTT & WANDA GRACE
INITIAL ZONING UPON ANNEXATION APPROX. 1 ACRE
TO R-4� TWO FAMILY RESIDENTIAL
CITY OF KALISPELL
FROM R— 51 TWO FAMILY RESIDENTIAL
FLATHEAD COUNTY ZONING JURISDICTION
PWT DAM 4/22/03
FILE# KA-03-10 sc 1 200" H.Ajo8\ikte\ka03-J0.dwg
I .. 1 .. ................ . . .... . I I
ORDINANCE NO, 1462
AN ORDINANCE TO AMEND SECTION 27.02.0109 OFFICIAL ZONING MAP, CITY OF
KALISPELL INTERIM .BONING ORDINANCE, (ORDINANCE NO. 1439)9 BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS GRACE ADDITION NO., 329 AND
FURTHER. DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 18, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M,M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY R-5, TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO FAMILY
RESIDENTIAL), IN ACCORDANCE WITH THE KA►.LISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Scott and Wanda Grace, the owners of the property described on Exhibit "A.",
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned R-4, Two Family Residential, upon annexation, and
WHEREAS, the property is located at the southern terminus of Fourth Avenue west, and
WHEREAS, the petition of Scott and Wanda Grace was the subject of a report compiled by the
Tri-City Planning Office, # A-03-10, dated May 5, 2003, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned R-4, Two Family Residential, as requested by the petition,
and
WHEREAS, the Kalispell City Planning Board and zoning Commission adopted the TCPO report
and recommended the property as described be zoned R-4, Two Family Residential,
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Two Family Residential, the City Council finds such initial zoning to
be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners Ltc. 590 P 2 d 602, the findings of fact ofTCPO as set forth in Report
No. KA-03-10.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITE` OF
RA.LISPELL AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell
Interim. zoning Ordinance, (ordinance No. 1439) is hereby amended
by designating the property described on Exhibit "A" as R-4, Two
Family Residential, upon annexation.
SECTION 11. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Interim Zoning Ordinance not amended hereby shall remain
in full force and effect.
SECTION 111. 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 OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 16TH DAY OF JIVE, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
SCOTT AND WANDA GRACE
LEGAL DESCRIPTION FOR ANNEXATION
A TRACT OP LUD , SITUATED, LYING, AND= BEINGIN. THR - BOA CW
THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, : "GE 21
WEST, P . M * ,, K o ► FLATHEAD COUNTY, , XQNTA TA f AND MORE PART 1 CURLY
DESCRIBM AZ FOLLQWS TO WIT
B: + ', c ' ia . no:il: ast.. corner- of: hem-'. 1 oHUNTER 1 2
SUBDIVISION (records of Flathead County, Montana) , which is a found
iron Pin on the easterly R/W of 4th AVENUE WEST: Thence along said
R/W N00 011 r 1611E 25998 f ae t o a set iron pin; Thence NS 8 0 23
2 3 2.21 feet to a set iron pin* Whence S0 D ° 3 8 ` 3 7 "B 2 0 5 * 13 feet to
a fo=d s..ron - p�n Thence S 8 8 0 54 r 3 3 "W 109.03 feet t3 a. found iron
pin; Thence N30'050 E 140W 64 , 76 feet to a set iron pin an the
southerly R/W of a 50.00 foot radius cul.-da"sac , concave
northeasterly (radial bearing N58 ° 14 r 0500W:) ; Thence southwesterly
and northwesterly along said cul-de-sac through a central ang l a of
1480211490 an arq length of 129.4 7 fe6t t :. - a ' set iron pin on the-
east hounder of said Plat of HLYNTM 1 & 2 SUBDIVISION Thence.
along said east boundary N00 o 071 r4444B 92.65 feet to the point of
beginning and containing 0 .-98 3 ACRES; Together with a 40 and 60
foot goad and utility easement known as 4 th AVENU14 WZST 44S
hereon; SubJ ect to and t4gatJaer with all appurten4pt o"an nts pf
C