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Staff Report/Annexation & Zoning4 Z ; , U NPITSTUA lathead Regionaleve e t Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Rinke Annexation and Initial RA-1 Zoning January 3, 2000 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND: This is a request for annexation and initial zoning of an approximately one acre site located on the east side of Fifth Avenue East, north of Eighteenth Street East for the purposes of doing a minor subdivision. You will note that about half of the western portion of this property is in the city limits and is zoned RA-1 while the eastern portion of the property is in the county and is zoned R-4. There are currently three dwellings on this property. The Kalispell City -County Planning Board held a public hearing on December 14, 1999 to consider the appropriate zoning upon annexation. The planning board is recommending that the property be zoned RA-1, a Low Density Residential Apartment district, upon annexation because it is consistent with the contiguous zoning for the property. A four lot residential subdivision, Subdivision No. 182 has been filed concurrently with this annexation request. This subdivision uses a flag lot design with shared access for the rear lots from Fifth Avenue East. One additional dwelling would be allowed as a result of this subdivision. This subdivision should be scheduled for council consideration subsequent to their review and approval of the annexation request and assignment of the appropriate zoning classification. RECOMMENDATION: A motion to adopt the resolution amending the city limits boundaries to include this property and the ordinance to zone it RA-1 upon annexation would be appropriate. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. f Narda A. Wil on Chris A. Kukulski Senior Planner City Manager Report compiled: December 22, 1999 Attachments: Letter of transmittal Staff report KA-99-8 and back-up materials Draft planning board minutes Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • the public hearing was closed. BOARDDISCUSSION There was no board discussion. MOTION Stevens moved and Brenneman seconded to adopt staff report KA-99-6 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for Buffalo Stage Phase IV should be RA-1, Low Density Residential Apartment, upon annexation. On a roll call vote all members voted Aye. The motion to recommend initial zoning of RA-1 passed unanimously. NKE ANNEXATION A request by Robert Rinke for annexation of property into the AND INITIAL ZONING city of Kalispell and initial zoning of RA-1 for approximately .82 acres. STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-8 in which staff recommends initial zoning of RA-1, Low Density Residential Apartment, upon annexation into the city of Kalispell. Mann questioned if there was an access issue and Wilson explained that there was not, explaining that there is a 40-foot access and at review it was determined that they will have have a turn around for the fire department. PUBLIC HEARING The public hearing was opened to those who wished to speak on the application. PROPONENTS Jeff Larsen spoke in favor of the application stating that the applicants agree with staff and stated that it is a good thing to develop with infill when possible. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION There was no discussion. NOTION Hines moved and Sipe seconded to adopt staff report KA-99-8 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning should be RA-1, Low Density Residential Apartment, upon annexation into the city of Kalispell. On a roll call vote all members voted Aye. The motion to recommend initial zoning of RA-1 passed unanimously. NEW BUSINESS Johnson asked if the members could get new zoning regulations books and Wilson said yes. OLD BUSINESS: Heinecke stated that he feels that the public again slammed the KALISPELL CITY- board, because they did not understand the actions of the board COUNTY GROWTH and he believes that if the public gets a chance to read the Kalispell City -County Planning Board December 14, 1999 Meeting Minutes Page 14 of 16 Flathead a iona Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 December 22, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Robert Rinke Annexation and Initial Zoning Dear Chris: The Kalispell City -County Planning Board met on December 14, 1999, and held a public hearing to consider a request by Robert Rinke for initial zoning of RA-1, Low Density Residential Apartment, upon annexation into the city. The property proposed for annexation is located on the east side of Fifth Ave. East and north of Eighteenth St. East in the southeast part of Kalispell. A four lot residential subdivision, Subdivision No. 182, has been filed concurrently with this request and is being forwarded with this annexation for council consideration. Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-8 evaluating the proposed RA-1 zoning upon annexation. She recommended that the board forward a recommendation for the RA-1 zoning. Wilson noted that the current County zoning is RA-1 and is essentially the same as the requested City zoning. At the public hearing Jeff Larsen spoke in favor of the application stating that the applicant agreed with staff findings and this was a reasonable request and provides infill opportunities. No one spoke against the proposal. A motion was made to adopt staff report KA-99-8 as findings of fact and recommend to the council that the property be zoned RA-1 upon annexation. On a roll call vote the motion passed by unanimous vote. Attached Exhibit A described the annexation boundaries. Please schedule this matter for the January 3, 2000 regular city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely Kalispell C' y- unty Planning Board i Jean A.J nson President Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Rinke Annexation and Initial Zoning December 22, 1999 Page 2 JJ/NW/tl Attachments: Exhibit A - annexation boundaries Original petition to annex and fire district withdrawl Staff report KA-99-8 and application materials Draft minutes 12/ 14/ 1999 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Robert Rinke, P O Box 5244, Kalispell, MT 59903-5244 Jeff Larsen, Larsen Engineering, P O Box 2071, Kalispell, MT 59903-2071 H: \ FRDO \TRANSMIT\ KALISPEL\ 1999\KA99-08.DOC • •UEST F•- • • • A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding the annexation and initial zoning. A hearing has been scheduled before the Kalispell City -County Planning Board for December 14, 1999 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. The property owner has asked for annexation and initial zoning of RA-1 concurrent with application for preliminary plat approval of a four lot residential subdivision, Subdivision # 182, located in the east part of Kalispell. Two of the lots within this subdivision are already inside the city. The other two are proposed for annexation. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The applicant has proposed a zoning classification of RA-1, a Low Density Residential Apartment district, under the City of Kalispell Zoning Ordinance. Currently, the property that adjoins this to the west and is part of the proposed subdivision is in the city and is zoned RA-1, a Low Density Residential Apartment district. A. Petitioner andOwners: Robert Rinke P.O. Box 5244 Kalispell, MT 59903-5244 (406)752-0053 Technical Assistance: Jeff H. Larsen, P.E., P.L.S. Larsen Engineering and Surveying, Inc. P.O. Box 2071 Kalispell, MT 59903 (406)752-7808 B. Location and Legal Description of Property: The property proposed for annexation is located on the east side of Fifth Avenue East and north of Eighteenth Street East in the southeast part of Kalispell. It is part of a four lot residential subdivision being the two lots to the east which combined contain approximately one acre. The property can be described as a portion of Assessor's Tracts 5-12 and 5-15A located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. single-family dwellings. The minimum lot size requirement is 6,000 square feet for a single family dwelling and 7,000 square feet for a duplex. D. Proposed Zoning: City RA-1, Low Density Residential Apartment zoning has been proposed for this property. This is district allows duplexes and single- family dwellings as a permitted use and multi -family dwellings as a conditional use. Minimum lot size for the R-4 district is 6,000 square feet for single family and duplex plus 3,000 square feet for each additional unit beyond a duplex. E. Size: The area proposed for annexation and zoning contains approximately one acre. F. Existing Land Use: Currently there is a single wide mobile home located on the southern portion of this property which is intended to be created as Lot 4 within Subdivision # 182. Proposed Lot 2 to the north is undeveloped. The single wide will be a non -conforming use within the RA-1 zone which does not allow single wide manufactured homes. G. Adjacent Land Uses and Zoning: The area is characterized by single-family and duplex residential development on lots in the area along with some multi- family dwellings to the west. North: Single-family and duplex residences; County R-4 zoning. East: Single family residences; County R-4 zoning. South: Single family residences; County R-4 zoning. West: Single-family and multi -family; City RA-1 zoning. H. General Land Use Character: This area is generally developing as urban density residential and is residential in character with some commercial development further to the west. I. Availability of Public Services: Full public services can be provided to this site and will be done in accordance with the City of Kalispell's Extension of Services Plan and in accordance with Kalispell's Design and Construction Standards. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in 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 comply with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Urban Residential" which is defined as allowing two to eight units per acre. The requested RA-1 zoning classification is in conformance with that designation since it allows up to seven units per acre. 2. Is the requested zone designed to lessen congestion in the streets? Minor or insignificant impacts are anticipated in the potential congestion by changing the zoning from County R-4 to City RA-1 because of the similar density and uses allowed in the districts. 3. Will the requested zone secure safety from fire, panic, and other dangers? No features on the property exist 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 subdivision. 4. 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 promoting the goals of the Master Plan. 5. Will the requested zone provide for adequate light 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. Lots within the proposed subdivision comply with the standards for RA-1 and will be developed in accordance with those standards. 6. Will the requested zone prevent the overcrowding of land? A change in zone from County R-4 to City RA-1 will result in a modest increase in the density beyond that which is currently allowed. All public services and facilities will be available to serve this subdivision. This zone change will not result in an overcrowding of land. 7. Will the requested zone avoid 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 developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone give consideration to the particular suitabilitv of the property for particular uses? With City RA-1 zoning adjoining this area to the west, the proposed RA-1 zoning district is consistent with the surrounding zoning and land uses in the area and gives 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 small lot residential development. The same type of development can be anticipated to occur on this property and will be consistent with the character of the district. The residential character of the area will not be effected by the RA-1 zoning of this property upon annexation. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the proposed zoning will promote compatible and like uses on this property as are found on other properties in the area. 12, Will the requested zone encourage the most appropriate use of the land throughout the municipality? Small lot 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 master plan and surrounding zoning in the area. The proposed City RA-1 zoning has been applied to the area to the west of the area proposed for annexation and is part of these lots. The city limits bisect these parcels. This annexation will bring the entire lots within the city limits and all will have RA-1 zoning. Extension of municipal services to the site to City standards will take place when these lots are developed and the final plat for Subdivision # 182 has been reviewed and approved by the city council. Adequate access is available to serve the property and any future development will be consistent and compatible with existing development in the area. Insignificant impacts will result from the rezoning the development of this property. Public services and the facilities serving this subdivision will be extended and constructed in accordance with the City of Kalispell Extension of Services Plan and the Kalispell Design and Construction Standards. • �) 10 0 1 .yytil)�l It is recommended that the Kalispell City -County Planning Board adopt Staff Report #KA-99-8 as findings of fact and recommendation to City Council for initial zoning of this property should be RA-1, Low Density Residential Apartment, upon annexation. H\... \REPORTS \KA\99 \KA99-8. DOC Preliminary Plat for Kelsey Subdivision — East Reserve Drive and LaSalle Rd. Zone Change from R-3 to R-5 on Meridian Rd. and Three Mile Dr. Conditional Use Permit for NW Health Care Central Plant Various Annexations The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, December 14, 1999, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the. planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Kalispell City Council and / or Board of County Commissioners who will take final action: To the Board of County Commissioners: A request by Andrew Farris for preliminary plat approval of Kelsey Subdivision, a 33 lot residential cluster subdivision on approximately 18 acres in the Evergreen and Vicinity Zoning District. The property is zoned R-2, a One Family Limited Residential zone requiring a minimum 20,000 square foot lot size. Because this is being filed as a cluster subdivision, a conditional use permit will be required to allow the creation of lots varying in size between 10,000 square feet and 15,868 square feet. The cluster design has been used to cluster the higher density lots. near the center of the property with open space areas near the perimeter of the site which will also accommodate a community drainfield. Water will be provided by the Evergreen Water and Sewer District and sewage treatment will be provided through the use of an on -site community drainfield system for the majority of the lots and the use of Evergreen sewer on the lots fronting along East Reserve Drive. The property can be described as Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 West, P.M. M., Flathead County, Montana. To the Kalispell City Council: 2. A request by Telmon, Inc. on behalf of Doris Hulbert for a zone change from R-3, a Residential zoning designation, to R-5, a Residential / Professional Office zoning designation on approximately 2.0 acres. This property is located west of North Meridian Road approximately 200 feet on the north side of Three Mile Drive in Kalispell. The purpose for rezoning this property is for the construction of professional office buildings. The property address is 33 Three Mile Drive and can be further described as the east 264 feet of the west 396 feet of the south half of Lot 20, Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and as further described in Exhibit A. 3. A request by Northwest Health Care for a conditional use permit to allow the construction of a new central plant facility for the Kalispell Regional Medical Center in an H-1, Health Care, zoning district. The central plant facility will contain boilers and chillers for heating and cooling, laundry facilities, maintenance offices and emergency power generators. A parking lot will also be constructed north of the central plant as part of this proposal. The area where this facility will be constructed is east of the existing hospital building and will replace the existing plant. This property is located on the south side of Sunnyview Lane Drive and east of Highway 93. The property address is 310 Sunnyview Lane can be further described as Assessor's Tract 6E located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Somers Land Co. for annexation of Ashley Park Phase III into the city of Kalispell and initial zoning of R-4, Two Family Residential, for approximately 8.44 acres. The property proposed for annexation is located west of Airport Road and south of South Meadows Subdivision and is the next phase of Ashley Park Subdivision. Currently this property is in the West Side Zoning District and is zoned County R-4, a Two Family Residential zoning district. The property can be described as a portion of Assessor's Tract 4 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit B. 5. A request by Buffalo Chip Partners for annexation of Buffalo Stage Phase IV into the city of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, for approximately 5.58 acres. The property proposed for annexation is located west of Whitefish Stage Road and north of Edgerton School and is the next phase of Buffalo Stage Subdivision. Currently this property is in the Evergreen and Vicinity Zoning District and is zoned County RA-1, a Low Density Residential Apartment zoning district. The property can be described as a portion of Assessor's Tract 1 located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit C. 6. A request by Robert Rinke for annexation of property into the city of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, for approximately 0.82 acres. The property proposed for annexation is located east of Fifth Avenue East and north of 18th Avenue Street and is a portion of proposed Subdivision No. 182. Currently this property is in the Willow Glen Zoning District and is zoned County R-4, a Two Family Limited Residential zoning district. The property can be described as portions of Assessor's Tracts 5-15A and 5-12 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit D. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. r Thomas R. Jentz Planning Director PUBLISH: Legal Notices Daily InterLake Sunday, November 28, 1999 PETTTTON "JO. BEFORE THE CITY CuUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the 5Z", `'�'-tit ��- Rural Fire District. The petitioner(s) requesting City of Kalispell annexation of the property described herein 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 within the rest of the municipality prior to annexation. 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. Dated this day of K(;VaM13F-9_ 19 LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: L SEE f�dk G k'� F��l7c N I �31 �' ifAlf PROPERTY ADDRESS: _ NERD/ OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE uj 0 0 V) Y C.D L.Li to 3C CD CL o c :z 0 (n 31: O.-a- =0 04- 0 -0 LLI 0 C-) i,.�-Wm:s al"D -0 :3 C�l LL- LL. C) 0 0 0 W C) r 0 4) (D 4) 4- 0 0 ft (1) . cnC) 0 — Ljj to Ic- z 90) -r- =5 Iq ") -6 :t ai 4:� f!�- C-4 0 4) n 0 C-4 41 — a LIJ C-) (D Z . CL X LLJ Lli 0, 0 C) a L- o'd to ll < co C:) LO 00 --a ::g to 0 0 onto EP o -0 C-4 M —0 pro UJ C7, C:) < 0 m o Ez ca CN 0 W M -0 co aco ki o o C) :5 8 E w r -00 w Im -t7, c1l: c a T- o (D L- -a o to 00 E -a o--a 0 4) 0 = r--4, -P cr- 0 o c m 0 a o cc 0 -0 0 In 4) CC) � -, 0 - 5=0 -9 M 0 q=- CD 1 C, -0 :3 a a C— a a W.- a c r- 0 -a ui Li C.D a m ..a a a 0 0 0 o LN .61, .0 0-C:) co -0 a m a a CL 0 0 0 w E E 5 S go> 0 c/) o a 0 C, 0 0 cz 0 :5 .0 -0 0 0 S r FV lathead Regionaleve e i Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Subdivision No. 182 - A four lot residential subdivision January 3, 2000 BACKGROUND: This is a request for a four lot residential subdivision located on the east side of Fifth Avenue East, north of Eighteenth Street East. You will note that about half of the western portion of this property is in the city limits and is zoned RA- 1 while the eastern portion of the property is in the county and is zoned R-4. There are currently three dwellings on this property. Concurrent with this subdivision proposal is a request for annexation into the city for the eastern portion of the property which will allow it to be served by city water and sewer. This subdivision uses a flag lot design with shared access for the rear lots from Fifth Avenue East. One additional dwelling would be allowed as a result of this subdivision. This subdivision should be scheduled for council consideration subsequent to their review and approval of the annexation request and assignment of the appropriate zoning classification. RECOMMENDATION: A motion to adopt the resolution approving the subdivision subject to conditions would be appropriate. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. C'�J" Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: December 22, 1999 Attachments: Staff report KSR-99-4 and back-up materials Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • is �`'i •� � SUBDIVISIONREPORT • . DECEMBER 22, 1999 A report to the Kalispell City Council regarding a request for preliminary plat approval of a four lot residential subdivision in southeast Kalispell. .BACKGROUND: This is a minor subdivision on property that is bisected by the city limits with the city area on the west and the county area to the east. A request for annexation has been made on property to the east which was fled concurrently with this subdivision. A. Applicant: Robert Rinke P.O. Box 5244 Kalispell, MT 59903-5244 (406)752-0053 Technical Assistance: Larsen Engineering 8s Surveying P.O. Box 2071 Kalispell, MT 59903-2071 (406)752-7808 B. Location: The subdivision is located on the east side of Fifth Avenue East and north of Eighteenth Street East. The property addresses are 713 and 715 Fifth Avenue East and can be described as the Assessor's Tracts 5-15A and 5-12 located in Section 17, Township 29 North, Range 21 West, P.M.M., Flathead County. C. Size: Total area: 1.39 acres Lot 1 area: 0.25 acres Lot 2 area: 0.42 acres Lot 3 area: 0.27 acres Lot 2 area: 0.45 acres D. Existing Land Use: There are three dwellings currently located on this property. Proposed Lots 1 and 3 have small single family homes while proposed Lot 4 has a single -wide mobile home which is a non -conforming structure. Proposed Lot 2 is vacant. E. Adjacent Land Uses: This area is primarily single family homes with some lots having more than one dwelling. There are also a few duplexes and an apartment building to the west. North: Single family dwelling, RA-1 zoning South: Single family dwelling, RA-1 zonig East: Single family dwellings, County R-4 zoning West: Multi -family dwellings, RA-1 zoning F. Zoning: Currently the eastern portion of this subdivision is in the County zoning jurisdiction and is zoned R-4, Two Family Residential. Concurrent with this subdivision application, a request for annexation into Kalispell has been filed. This matter has been to the Kalispell City -County Planning Board for consideration of appropriate zoning upon annexation and they are recommending an RA-1 zoning designation which is consistent with other zoning in the area. These lots will all be zoned RA-1, Low Density Residential Apartment. This zoning district has a minimum lot size requirement of 6,000 square feet for single family and duplex dwelling, plus an additional 3,000 square feet for each dwelling beyond a duplex. Minimum lot width requirements are 60 feet and the setbacks are 20 feet in the front and rear and ten feet on the sides. G. Utilities: Water: City of Kalispell Sewer: City of Kalispell Electricity: Flathead Electric Co-op Telephone: Centurytel School District: Kalispell School District Fire: City of Kalispell Police: City of Kalispell Solid Waste: City of Kalispell This application is reviewed as a minor subdivision in accordance with statutory criteria and the Flathead County Subdivision Regulations. A. Effects on Health and Safety: Fire: The site will be served by the Kalispell Fire Department which is within approximately one and a half miles from the site. Access to the rear lots will be from two 20 foot wide access strips for a total of 40 feet. Some type of a fire department approved turnaround will be needed for the rear lots which can be achieved by using a hammerhead or T-turnaround configuration. This access to the rear should be paved. Flooding/topography/soils: This site is located in flood zone C which is not a floodprone area according to FIRM Panel # 1820E. The topography of the site is generally level and it does not appear that the soils would pose any problems with stormwater runoff considering both the size of the lots and the uses. Groundwater and Surface Water: This property is west of the "Greenacres Slough," but there will be little to no impacts on this channel or to the groundwater because this subdivision will be on public water and sewer. Road and access: Access to this subdivision will be from Fifth Avenue East. A K "flag lot" configuration is being used for the creation of the lots to the east with a shared driveway to them. This flag lot design requires a minimum of 20 feet for each lot abutting a public road or street. The shared access design provides for good access to the rear of the lots. As mentioned above and further in this report, the staff would recommend that this access road be paved to reduce particulate matter in the way of road dust in the air and for fire safety purposes. F. Effects on Wildlife and Wildlife Habitat: No significant effects on wildlife or habitat are anticipated. This site is in an urban residential area within the city and has been substantially developed. This site is mapped by the Department of Fish Wildlife and Parks as not providing important riparian habitat or big game winter range. G. Effects on the Natural Environment: This subdivision will be served by City water and sewer, thereby minimizing potential impacts to the natural environment. Limited storm drainage systems are in the area, but little to minor increases in stormwater runoff is anticipated from development of the subdivision. Because this subdivision is in a non -attainment area for air quality, a plan to reduce small particulate matter, primarily road dust would be appropriated. The access road to the rear of the subdivision should have a paved road for reducing potential road dust impacts and fire access. D. Effects on Local Services: Sewer and Water: The subdivision is served by the City of Kalispell for water and sewer. Separate service lines for the lots will be required to be installed in particularly for the lots to the rear of the property. Streets: Once this subdivision is fully developed, i.e. proposed Lot 2 is developed, approximately ten additional vehicle trips per day would be anticipated. Access to this subdivision will be from Fifth Avenue East which is a paved City street. Impacts to the roadway will be minimal. Schools: The site is within the Kalispell School District. One additional student in the district is estimated to result from the subdivision, a minor impact. Parks: Minor subdivisions are exempt from parkland dedication requirements. Police Protection: The site is served by the Kalispell Police Department which will be able to provide good service to this subdivison. Fire Protection: The site is served by the Kalispell Fire Department who will be able to provide good service to this subdivision provided the access issues are adequately addressed. Refuse Disposal: Refuse disposal is provided by the City of Kalispell. The County landfill has adequate capacity to serve the subdivision. Medical Services: Emergency medical service is provided by Kalispell Regional Hospital which is approximately three miles from the site. Ambulance and Life 3 Flight services are also available. E. Effects on Agriculture and Water User Facilities: No effects on agriculture or agricultural water user facilities are anticipated. The site is in an urban residential area within the city. F. Compliance with Master Plan: This subdivision is in substantial compliance with the Kalispell City County Master Plan. The site is designated for urban residential land use on the master plan map. The proposed lot sizes are generally consistent with this designation. G. Compliance with Subdivision Regulations: The subdivision is in substantial compliance with the Kalispell Subdivision Regulations. No variances are being requested. H. Compliance with Zoning Regulations: This subdivision complies with the applicable RA-1 district requirements. The access strip to the back lot should be dedicated as road and utility easement and extend the entire length of the lot to provide for future roadway extension. Staff recommends approval of the subdivision, subject to the following conditions to be met by the subdivider: 1. That the subdivision shall be developed in substantial compliance with the approved preliminary plat except has amended by the conditions of approval. 2. The access strip portions of proposed Lots 2 and 4 shall be dedicated as road and utility easement and that easement shall extend the entire length of the lot to provide for the potential extension of future access to the east. 3. That the access to proposed Lots 2 and 4 shall be shared and that the access road shall be paved to a minimum width of 20 feet. 4. That an approved fire access turnaround area to proposed Lots 2 and 4 shall be developed with either a hammerhead, T-turnaround or other arrangement that has been reviewed and approved by the Kalispell Fire Department. 5. Sewer and water facilities shall be approved by the Kalispell Public Works Department and the Montana Department of Environmental Quality. 6. All new utilities shall be placed underground. 7. That preliminary plat approval is valid for three years. H:\FRDO\REPORTS\KALISPELL\KSR\99\KSR994 4 8:50AM FROM LARSEN ENG AND SURV 406 2S7 40S1 P-1 LAN ENGINEERING & SURVEYING, INC., P.C. 780 Two Mile Drive F,0. Box 2071 Tele (406) 752-7808 Kalispell, MT 59903-2071 Fax (406) 2157-4051 Attn: Narda. Wilson 12/14/S Flathead Regional Development Office: 723 5th Ave. East Kalispell, MT59901 he: Subdivision No. 182, Bob Rinke Dear Warda: On behalf of my client, I am reqiieSting that the Zone Change and Minor Subdivision be sent to the City Council at the same time. You phoned. me yesterday and explained that because the applications were accepted at the same time, unless a letter was written, the Minor Subdivision ' Would be Sent to the City Council prior to the zone change. This would be out of sequence at might result in the City Council continuing the subdj--,r-ision until the none change came under their review. Therefore I am requesting that you hold the minor Subdivision until it can be submitted with the zone change to the City Council. You indicated to rn.-- that this would be on January 3, 2.000- Please call me if you have any questions at 752-7808 Veryjrely youz-81 �Ia en. P. 2 P. L. S file; rinke.dat This application shall be submitted, along with all information required by the applicable Subdivision Regulations and the Montana Subdivision and Platting Act, and the appropriate fee to: Flathead Regional Development Office, 723 Fifth Avenue East, Room 414 Kalispell, Montana 59901 - Phone: (406)758-5980 Fax: (406)i5s'-'57- 81 I Minor Subdivision ...................................................... $250+ (5 or fewer lots) Condominiums .......................................................... $250+ (5 or fewer lots - land is not subdivided) Mobile Home Parks &. Campgrounds ........................... $250+ (5 or fewer spaces - land is not subdivided) Amended Preliminary Plat .......................................... $200 SUBDIVISION NAME: vj-,51c 0, 197- Cal W-1 — X11 Owe) 1*4 IT 15/lot i5/unit F, r-i- , � 'D. C, 15/space Name Po 5 a hi Phone 00 Mailing City/ State Address: 5 Zip MZ TECHNICAL/ PROFESSIONAL PARTICIPANTS (Surveyor/ Designer/Engineer, etc.): 7-r--Fr- H, P-el .) e- Ills, Name &Address -, it-lfr 517703 Name &. Address Name & Addres 1 �,111,11,11,1111��'ll",�Ill""I'll"llll"",'ll""I�,,�,��,,�lill�I 11 1 1 � 10:5. 10) PUR51 Is 13 P� 1,1111 1 11 !,1 11 I'll 11] i 'ZON 51 City/ Count Street Address 1%5 5T5 A Assessor's Tract No.(s) LotNo.(s 1/4Section Township Range GENERAL DESCRIPTION OF SUBDIVISION: ML10 LAS INA6 F-L-6,C1 rf- Number of Lots or Rental Spaces Total Acreage in Subdivision Total Acreage in Lots 3qA-C- .Minimum Size of Lots or Spaces 0 Total Acreage in Streets or Roads N4 Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: - Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING• DISTRICT 'Z ESTIMATE OF BEFORE IMPROVEMENTS > 14 zlexv 9T0AU&SM• Roads: Gravel Paved Curb Gutter Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood Public Other Sewer System: Individual Multiple User Neighborhood Public Other Other Utilities: Cable TV ?�- Telephone Electric Gas Other Solid Waste: Home Pick Up Central Storage s-. Contract Hauler Owner Haul Mail Delivery: Central Individual School District: Fire Protection: Hydrants Tanker Recharge Fire District: Drainage System: gI�V9A VV1 4-4 4 C:` ; VARIANCES: ARE ANY VARIANCES REQUESTED? C (yes/no) If yes, please complete the information below: . EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT 6 0M ) • • • ' REGULATIONS: 2 ff"LEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED I: • 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2. Will the variance cause a substantial increase in public costs? 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? 5. What other conditions are unique to this property that create the need for a variance? 3 The subdivider shall submit a complete application addressing items below to the FRDO Office at least thirty (30) days prior to the date of the meeting at which it will be heard. 1. Preliminary plat application. 2. 6 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A - Flathead County Subdivision Regulations) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the F.R.D.O. staff to be present on the property for utine monitorin and inspection during the approval and development process. (Applica' ) (Date) As approved by the CAB 5/25/99 Revised 6/30/99 :! pETTTTON NO. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY F` • C COME NOW the undersianed and respectfully petition the Citv Council of the City of Kailspeil requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the 0 Rural Fire District. The petitioner(s) requesting City of Kalispell annexation of the property described herein 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 within the rest of the municipality prior to annexation. 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. Dated this day of 0V 19 g . LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: :a j418 1 PROPERTY ADDRESS: NER OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE w/•s� AD)Ye�iOM D..WA hurl P.L6 dMK lists P.4 Pl.8 ° 7 v : OY .. AM. DW. Abv.,*W I&M PREL IMINA R Y PLA T SUBDIVrsiownro. raz SE1/4 SWI/4 OF SEC. 17, T. 28 N., R. 21 W., P.M.M., FLATHEAD CO., MONTANA coo • ,A--W •� two u aw wo d,.. me -a nwss .o� 4e fwtl8uvgfy PREUMINA Y PLAT SUBDIKS/O/NO W SE1/4 SWI/4 OF SEC. 17, T. 28 N., R. 21 W., gayyA L_P, P.M.M.. FLATHEAD CO., MONTANA .AMA Lrars P.E,A & r9As?_sr �� ) sr sr oral 9 wa �a .:�-- ...........:::.::.: <-ram:::';;?i;:: i:. ti� C two (Lor 10) mww W mm) ¢ um 1 sr� ryor„) ni "vm umx cm -Es of N � 1a 71. u�� w oxnr. AMov AMr: AbwOE'w ffYi vw,a,s�n uc a�73 INK qg Mffi.a�yP CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of 199 , by and between BFj ` -3, FIN neremalter PAK'1'Y(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR CONTRACT SELLER(S) ] and the CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the `5--T4 w f-4-4,V Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement 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. THE PART(S) OF INTEREST 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 PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AX) WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this /a day of ®Veh?kzt' , 1999. PAR S) OF INT R E ec CITY OF KALISPELL City Manager ATTEST: Finance Director STATE OF MONTANA ss County of Flathead On this 4�10 day of lyeyeih'& Z , 199 y before me, the undersigned, a Notary Public for the State of Montana, personally appeared o 8m K e known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public, tate of Montana Residing My Commissi�pires �/j�/� j STATE OF MONTANA ) ss County of Flathead ) On this day of , 199 , before me, the undersigned, a Notary Public for the State of Montana personally appeared the and 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 WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. STATE OF MONTANA ss County of Flathead Notary Public, State of Montana Residing at My Commission expires On this day of 199 , before me, a Notary Public in and for the State of Montana, personally appeared CHRIS A. KUKULSKI and AMY H. ROBERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein setforth, and that they were duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at _ My Commission expires DESCRIPTIONEXHIBIT A LEGAL FOR '•: •Ix AVI ZONINGINITIAL Commencing at the Southwest comer of Block 248 of Addition No. 7 to the City of Kalispell, a map or plot on file in the office of the Flathead County Cleric and Recorder, thence S 13'49'00" E, 1210.00 feet along the east right of way of Fifth Avenue East; thence leaving said right of way, N 76'11'00' E, 150.00 feet to the TRUE POINT OF BEGINNING of the Tract of land being described; thence N 76`11'00" E, 222.91 feet to the west boundary of Greenacres Northwest Subdivision, a map or plat on file in the office of the Flathead County Clerk and Recorder, thence S 00'05°41' E, 191.54 feet along said west boundary to the southeast comer Deed Exhibit Book 515, Page 367, Flathead County Records, thence leaving said west boundary, S 81*05'00' W, 178.13 feet along the south boundary of said Deed Exhibit; thence leaving said south boundary, N 13°49'00° W, 170.86 feet to the point of beginning. Containing 0.82 acres of land. Situate, lying and being in the SW1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.