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Staff Report/Annexation & Zoning1 Tri-City Planning Office Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-mt.com Kalispell Mayor and City Council Tom Jentz, Director Chris A. Kukulski, City Manager Tim Birk / Three Mile Subdivision Annexation and Initial Zoning of R-3 and RA-1 November 3, 2003 BACKGROUND: This is a request by Tim Birk for an initial zoning designation of R-3, Urban Residential on approximately 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 acres. A preliminary plat for 30 single-family lots and 1 multi -family lot has been filed concurrently with the annexation and zoning request. The property contains approximately 9.1 acres and is located on the north side of Three Mile Drive approximately 500 feet west of Garland Street. A public hearing was held before the Kalispell City Planning Board at a meeting of October 14, 2003 regarding this matter. At the public hearing the applicant spoke in favor stating he agreed with the conditions of the staff report. Three letters were received in opposition stating concerns with increased traffic and the desire for larger lots more conducive to the surrounding historical neighborhood. There were no other comments from the public. After the public hearing the Bard discussed the request. It was pointed out that this subdivision was in substantial conformance with the two previous subdivisions approved in this immediate neighborhood this summer and that with the advent of municipal sewer and water, the entire neighborhood was changing. However, this change was planned and anticipated in our growth policy. The Board agreed that the proposed zoning was consistent with the growth policy and other development that has taken place in the area. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-3 and RA-1 as recommended by staff report #KA-03-18 upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 and RA- 1 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: ® City of Kalispell • City of Whitefish ® City of Columbia Falls Birk Annexation and Initial Zoning July 21, 2003 Page 2 Respectfully submitted, Thomas R. Jentz Director Report compiled: October 23, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report KA-03-18 and application materials Draft minutes from 10/ 14/03 planning board meeting Cost of Services Analysis TRANSMIT\KALISPEL\2003 \KA03-18AMEMO ! 1RG *-tP WILWA IT,11-1111—CIKJVI�il REAL PROPERTY,MORE PARTICULARLY DESCRIBED ON i LOCATED !N 1. TOWNSHIP 28 NORTH, FLATHEAD COUNTY,! • BE !WN AS THREE MILE ADDITION Nt TO ZONE SAID PROPERTYACCORDANCE ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Tim Birk, on behalf of Thomas and Shirley Jones, the owners of property located on the north side of Three Mile Drive and 1/2 mile west of North Meridian Road, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Tim Birk's Annexation Request, #KA-03-18, dated October 6, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Single Family Residential, on approximately 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 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 I. 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 Three Mile Addition No. 337. 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 KALISPELL, THIS 3RD DAY OF NOVEMBER, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk MEN a M 9 010 WHEREAS, Tim Birk, on behalf of Thomas and Shirley Jones, 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-3, Single Family Residential on approximately 7.7 acres, and RA-1, Low Density Residential Apartment on approximately 1.4 acres, upon annexation, and WHEREAS, the property is located on the north side of Three Mile Drive and 1/2 mile west of North Meridian Road, and WHEREAS, the petition of Tim Birk was the subject of a report compiled by the Tri-City Planning Office, #KA-03-18, dated October 6, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-3, Single Family Residential, and RA-1, Low Density Residential Apartment, 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-3, Single Family Residential, and RA-1, Low Density Residential Apartment, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Single Family Residential, and RA-1, Low Density Residential Apartment, 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, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KA-03-18. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL 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 on Exhibit "A" as R-3, Single Family Residential on approximately 7.7 acres, and RA-1, Low Density Residential Apartment on approximately 1.4 acres, upon annexation. SECTION II. 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 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 17TH DAY OF NOVEMBER, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk SUBDIVISION #KA-03-18 DESCRIPTIONLEGAL •R ANNEXATION AND ZONING Tract. 1 of Certificate of Survey 9693 and the immediately abutting portion of Three Mile Drive located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 October 23, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Phone: (406) 758-1850 Fax: (406) 751-1858 tricityna,centu rytel. net www.tricityplanning-mt.com Re: Three Mile Subdivision Annexation and Initial Zoning of R-3, Urban Residential and RA-1, Low Density Residential Apartment Dear Chris: The Kalispell City Planning Board met on October 14, 2003, and held a public hearing to consider a request by Tim Birk for an initial zoning designation of R-3, Urban Residential on approximately 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 acres. A preliminary plat for 30 single-family lots and 1-multi- family lot has been filed concurrently with the annexation and zoning request. The property contains approximately 9.1 acres and is located on the north side of Three Mile Drive approximately 500 feet west of Garland Street. Tom Jentz of the Tri-City Planning Office presented staff report #KA-03-18, evaluating the proposed zoning. Staff recommended initial zoning of City R-3, Urban Residential, and RA-1, Low Density Residential Apartment, based on the surrounding zoning and the Kalispell Growth Policy. At the public hearing the applicant spoke in favor stating he agreed with the conditions of the staff report. Three letters were received in opposition stating concerns with increased traffic and the desire for larger lots more conducive to the surrounding historical neighborhood. There were no other comments from the public. After the public hearing the Board discussed the request. It was pointed out that this subdivision was in substantial conformance with the two previous subdivisions approved in this immediate neighborhood this summer and that with the advent of municipal sewer and water, the entire neighborhood was changing. However, this change was planned and anticipated in our growth policy. The board agreed that the proposed zoning was consistent with the growth policy and other development that has taken place in the area. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be as recommended by the staff upon annexation. Providing Community Planning Assistance To: ® City of Columbia Falls • City of Kalispell ® City of Whitefish Three Mile Subdivision - Annexation and Initial Zoning October 23, 2003 Page 2 of 3 Please schedule this matter for the November 3, 2003 regular city council meeting. You may contact this board or Tom Jentz at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Attachments: Petition to annex (original) Exhibit A - legal description Staff report #KA-03-18 and application materials Draft minutes 10/ 14/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Tim Birk, 880 Farm Rd., Kalispell, MT 59901 Three Mile Subdivision - Annexation and Initial Zoning October 23, 2003 Page 3 of 3 r TIM BIRK / THREE MILE SUBDIVISION LEGAL DESCRIPTION FOR ANNEXATION AND ZONING Tract 1 of Certificate of Survey 9693 and the immediately abutting portion of Three Mile Drive located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. RA-1 ZONING - An area described as follows: Commencing at the South one - quarter corner of Section 1, Township 28N, Range 22W P.M.M. Flathead County. Thence N 00002'22" E a distance of 47.33' to the North right-of-way of Three Mile Drive and the TRUE POINT of BEGINNING of the tract being described; thence N 89056'29" E along said right-of-way, a distance of 315.31'; thence leaving said right-of-way N 01°20'07" E a distance of 189.06'; thence S 88°48'52" E a distance of 316.22'; thence N 01'02'11" E a distance of 195.90 feet to the point of beginning containing an area of 53,687 square feet and attached to this site the abutting R/W of Three Mile Drive. -3 ZONING -Tract 1 of Certificate of Survey 9693 in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana excluding the area proposed for RA-1 zoning above. 1.;ALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER• • CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:08 p.m. Board members present were: Jean Johnson, Rick Hull, Jim Atkinson, Sue Ellyn Anderson, George Taylor and John Hinchey. Timothy Norton was absent. Tom Jentz represented the Tri-City Planning Office. There were approximately 40 people in the audience. APPROVAL OF MINUTES Atkinson moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of September 9, 2003. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. THREE MILE SUBDIVISION A request by Tim Birk on behalf of Thomas and Shirley Jones INITIAL ZONING UPON for an initial zoning designation of R-3, Urban Single Family ANNEXATION Residential, on approximately 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 acres located on the north side of Three Mile Drive one-half mile west of North Meridian Road upon annexation to the City of Kalispell. THREE MILE SUBDIVISION A request by Tim Birk for preliminary plat approval of Three PRELIMINARY PLAT Mile Subdivision, a 31 lot residential subdivision, upon APPROVAL REQUEST annexation to the City of Kalispell. STAFF REPORTS Tom Jentz, with the Tri-City Planning Office, gave a -03-13 AND P-03-12 presentation of staff report KA-03-18, a request for initial zoning upon annexation of approximately 9.1 acres located on the north side of Three Mile Drive one-half mile west of North Meridian Road, and KPP-03-12, a request for preliminary plat approval of Three Mile Subdivision. Jentz showed a site map of the proposed subdivision and stated that the applicants are asking for R-3 and RA-1 zoning. He said that Sunset Court is to the north and a city park is to the east. In addition several large single family residences which are in the county and zoned SAG-10 form the eastern boundary. Wel-Life Assisted Living is to the south across Three Mile Drive and the recently annexed Raven Rock subdivision is to the west. He stated that this development will connect to the Raven Rock subdivision, with access to North Riding road. Both projects fit very well together and there will be no access directly onto Three Mile Drive. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 1 of 12 Jentz stated that the applicants are requesting R-3 zoning on 30 lots, and that these are 7500 square feet or larger. He stated it is a good design and provides neighborhood connectivity. The applicant is also requesting 1.4 acres of RA-1 zoning along Three Mile Drive, as a buffer zone, which is in character with other subdivisions. He stated that the applicants can do nothing more than a single duplex if approved without first applying for a CUP so the city will have an opportunity to review future development plans on this site. Jentz explained that the access out to the west meets with Raven Rock and will come out on North Riding Road, and staff is not encouraging direct access onto Three Mile Drive. Staff felt that Three Mile Drive is an arterial and will continue to carry large amounts of traffic, and we need to localize the intersections onto Three Mile Drive. He stated that heavier traffic is anticipated on Three Mile Drive in the future. Jentz said that staff is recommending a cul-de-sac at this point, but that it will be reviewed at the time that the applicant submits a development plan for the multi -family RA-1 site at a latter date. Jentz also explained that the applicant needs to use a corner of the undeveloped city park for the road alignment off of Sunset Court to work. He stated that cash -in -lieu will be used for the development of this city park. Jentz mentioned that three letters were received from adjoining property owners, and that their concerns dealt with the smallness of the lots and the proposal for multi -family lots. He said that the adjoining lots are large and have been at the edge of the city for a long time; but that the city is growing and the growth policy indicates this type of development in this area. Three Mile Drive will not be a great single family lot site in the future. Jentz stated that as for public services, the subdivision works very well and that sewer will go to the north and south with a looped water system. Jentz stated that staff is recommending approval with 12 conditions. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PLICANT%AGENCIES Tim Birk, applicant, stated that he is excited about the project and that it ties in well with Raven Rock, and he has no problem with the conditions imposed. He feels that it is a good project. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 2 of 12 PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Anderson moved and Atkinson seconded to adopt staff report KA-03-18 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property should be R-3, Urban Single Family Residential, on approximately 7.7 acres and RA-1, Low Density Residential Apartment on approximately 1.4 acres upon annexation to the City of Kalispell. BOARD DISCUSSION Taylor asked Jentz about the park and whether it was bare ground. Jentz said it was undeveloped. Taylor asked Birk about the compatibility with the junior high school. Birk answered they will be fairly low cost homes, good for first time homebuyers and young families, and feels that the proximity to the school is a big advantage. The Board took a few minutes to read the protest letters which were received at the beginning of the meeting. (Letters are attached and are hereby made a part of the record). Taylor commented on the letters which were received and stated that while he appreciated the neighbors' comments, he feels that this subdivision does comply with the growth policy and will not be detrimental to the neighbors. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Atkinson moved and Hinchey seconded to adopt staff report KPP-03-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed preliminary plat approval for Three Mile Subdivision be approved subject to the 18 conditions. BOARD DISCUSSION Jentz stated for the record that there is a person living on a life estate where the cul-de-sac may be located, and that there is a possibility that the road may be pulled back and negate the need for the temporary cul-de-sac. There was no further discussion. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 3 of 12 THREE MILE SUBDIVISION KA-03-18 Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this 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 within the Subdivision 31 Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 68 Cost of Services Per capita costs ® Fire: $68.84 per person per year. Additional costs to the fire department ® Police: $110 per resident per year. Additional costs to the police department ® Administration: $39.48. Additional cost to administration ® Solid Waste: Additional cost to solid waste Lineal Feet Costs: (Lineal feet 1370) ® Roads: $1.14 per lineal foot Additional cost in road maintenance ® Water: $3.44 per lineal foot Additional cost in water line maintenance ® Sewer: $5.50 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Average Square foot per lot - 10,159 ® Number of units x square foot x 0.00323 Total Anticipated Cost of Services: 68 x 110.00 = $7,480 68 x 39.48 = $2,685 none for five years 1370 x 1.14 = $1,562 1370 x 3.44 = $4,713 1370 x 5.50 = $7,535 10,159 x 31x 0.00323 = $1,017 29 6'73 1 Assessments based on square footage: Average square foot per lot: 10,159 ® Storm sewer assessment $0.00323 per square foot Revenue from storm sewer assessments 31 x 10,159 x 0.00323 = $1,017 ® Street maintenance assessment $0.0086 per square foot Revenue from street maintenance assessments 3 lx 10,159 x 0.0086 = $2,708 ® Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 31 x 10,159 x 0.00135= $425 Special Assessments: There are no special assessments. ,General revenue: ® Assessed value per dwelling: $175,000 Total assessed value: 31 x 175,000 = $5,425,000 Total taxable: 5,425,000 x 0.03543 = $192,208 ® Total additional general revenue based on 144.65 mill levy: 192,208 x .14465 = $27,803 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. TRANSMITTALS / 2003/ KA03-18COSTOFSVCS 2 THREE•r • RK INITIAL ZONING OF AND RA-1 UPON ANNEXATION OFFICETRI-CITY PLANNING REPORTSTAFF OCTOBER 2003 A report to the Kalispell City Planning Board and Zoning Commission and the Kalispell City Council regarding a request for an initial zoning designation of R-3 and RA-1 upon annexation to the city of Kalispell on approximately 9.1 acres. A public hearing has been scheduled before the planning board for October 14, 2003 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. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioner would like to annex in order to receive City services. A. Petitioner and Owners: Tim Birk 880 Farm Road Kalispell, MT 59901 (406) 257-3141 Thomas and Shirley Jones 171 Three Mile Drive Kalispell, MT 59901 (406) 752-9014 B. Location and Legal Description of Property: The property proposed for annexation lies on the north side of Three Mile Drive and west of North Meridian Road approximately one-half mile. The property proposed for annexation and zoning can be described as Assessor's Tract 5AA (Tract 1 of COS 9693) located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing Zoning: This property is part of the West Valley Overlay District. This district acts as an overlay district with its development standards in part of the West Side Zoning District. The underlying zoning for this property is SAG-10, Suburban Agricultural, which is an agricultural district with a 10-acre minimum lot size requirement intended for small-scale agricultural operations and ranchettes. The overlay standards of the West Valley District allow a density of one dwelling unit per five acres with clustering of lots which do not exceed one net acre in size and have a minimum of 76 percent of the property dedicated as permanent open space. The open space is intended to be preserved for agricultural use and can contain one residence. Under the current West Valley Overlay development standards this property would be eligible for two one -acre lots using the cluster provisions. D. Proposed Zoning: The proposal would designate approximately 7.7 acres as R-3, Single Family Residential, a single-family residential district and 1.4 acres as RA-1, a Low - Density Residential Apartment. A preliminary plat for 30 single-family lots and a single multi -family lot has been filed concurrently with the annexation and zoning request. #KA-03-18 Page 1 of 6 E. Size: The property proposed for annexation and zoning contains approximately 9.1 acres. F. Existing Land Use: Currently this property has a single-family home and is being used for limited agricultural purposes. It is otherwise undeveloped. G. Adjacent Land Uses and Zoning: The area can be described as being located on the western fringes of Kalispell in an area that is undergoing rapid urbanization within the past year. To the immediate west, Northview Heights is under construction and Raven Rock just received preliminary plat approval this summer. To the immediate south across Three Mile Drive an assisted living complex for elderly was constructed several years ago. To the east lies an undeveloped city park and rural large tract housing. North: Urban residential and single family homes, City R-3 zoning South: Rural residential mostly single-family homes and limited agricultural uses, County R-1 zoning as well as Well Life assisted living complex zoned RA-1 East: Rural residential homes zoned County SAG-10 and a city park zoned P-1 West Urban residential, City R-3 zoning H. General Land Use Character: The general land use character of the area is changing quickly to urban residential. This process will be hastened as city sewer and water are extended to this area this fall. I. Availability of Public Services: City water and sewer services exist to the north of this site where the property abuts Sunset Court. In addition, water is proposed to be brought in from Raven Rock to the west. Sewer would also be extended from the south along Three Mile Drive as part of several development proposals occurring further west on Three Mile Drive. Road access to the site is available through the proposed Raven Rock subdivision to the west, Three Mile Drive to the south and Sunset Court to the north. Once annexed to the city, City services including fire, ambulance and police will be provided to the subdivision once the property has been developed and services are needed. 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. On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth Policy which designates this area as Urban Residential. This designation anticipates a residential density of 3 to 12 dwelling unit per acre. Approximately 7.7 acres of this property is proposed for R-3, an Urban Residential zoning designation that anticipates single-family homes as the primarily use on lots not less than 7,000 square feet in size or approximately 6 dwellings per acre. The remaining 1.4 acres is proposed for a zoning designation of RA-1, Low -Density Residential Apartment, which has a minimum lot size requirement of 6,000 square feet plus an additional 3,000 square feet for each dwelling beyond a duplex or approximately 14 dwelling units per acre. The proposed zoning designations are in substantial compliance with the future land use designations of the Kalispell Growth Policy with an overall maximum density of eight dwelling units per acre. #KA-03-18 Page 2 of 6 It can be anticipated that the proposed change in zoning from agricultural to residential will increase traffic impacts in the immediate area due to the subsequent development of the site. However, by concentrating development in a compact manner close to the central core of the community, traffic impacts in the outlying areas of the county can be reduced. Traffic impacts to the area can be accommodated with the existing roadways in the area. Additionally, several accesses to the site will serve to provide new traffic routes within the community and improve neighborhood connectivity. There is no obvious increase in risk related to the proposed zoning district which would impede fire or police access to the site. Access for fire and other emergency services is generally good and the potential to provide several new connecting roads I the neighborhood will greatly enhance service. Because this annexation will enable the property owners to connect to public sewer and develop the property with full public services, the public health and welfare of the community will be served. Any uses established on the site will be required to meet the development standards for the district dealing with setbacks, height limits and lot coverage. These standards are designed to provide for adequate light and air. The requested zoning designations are consistent with the type of development which would be anticipated under the Kalispell Growth Policy and would be able to be accommodated within the land area under the proposed zoning. The requested zoning will not contribute to the overcrowding of land. ♦ .- -• - -• ••- • . ..• . •• -• •• • •-•. - Increased concentration of people in this area will likely result after this land has been converted from an agricultural use to a more intensive residential use. There will be a more intensive use of the property; 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 facilities would provide the structure needed to insure that there will not be an overcrowding of the land or undue concentration of people. ••• •. .a• • •- • .•M *1111MMUNIR 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 #KA-03-18 Page 3 of 6 policies and standards. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with City policies and standards at the developers' expense thereby insuring that there is adequate provision of services to the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services which can be anticipated as a result of this proposal which can be met by the City. • �•-160049140111-• ••- - •• •- •• • •- •.r .� • •- . •.-�� • •<4 The proposed zoning furthers the long range development plans as reflected in the recently adopted Kalispell Growth Policy for this area and provide opportunities for housing in a development that is compatible with surrounding land uses with the extension and provision of public services within reasonable proximity to the City core. The proposed zoning will provide the basis for the future land uses on this property, in accordance Kalispell Growth Policy. This rezoning gives great consideration to the suitability of this property for the proposed use and concurrent zoning proposal. The general character of the area is transitional between the urban and rural / agricultural use on the fringes of the City limits. 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. The recent annexation and adoption of zoning on other properties in the immediate area adjoin this property to the north and to the west. It appears that the proposed rezoning gives reasonable consideration to the character of the district. �ii� •- • •• -• ••- •• -� - •-5TWOUSIM• •• There is a single-family residential subdivision that adjoins this property to the west that is in the process of being developed with single-family homes on approximately 7,000 square foot lots and has been annexed to the city. Public utilities have been extended in conjunction with this development. Most potentially effected properties that are rural in nature are the properties to the east and the south which are residential, but are not serviced by public water and / or sewer. The development anticipated under the proposed zoning may be more intensive in nature because of the availability of public services and utilities, however, the City standards will insure that there is high quality development that will insure the value of buildings and homes is protected, maintained and conserved. .- -..- -• ••- -. • . - •- ... ....... - - • .- M.'ereW11TWIMSTO a. The Kalispell Growth Policy future land use designations anticipates a development such as that being proposed and will be developed with uses anticipated for the area. The proposed zoning encourages the most appropriate land use for this property and throughout the planning jurisdiction. #KA-03-18 Page 4 of 6 It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-03-18 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be R-3, Residential, and RA-1, Low Density Residential as indicated on attached Exhibit A upon annexation to the City. TJ #KA-03-18 Page 5 of 6 FAMP 00: • r Tract 1 of Certificate of Survey 9693 and the immediately abutting portion of Three Mile Drive located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. -1 ZONING - An area described as follows: Commencing at the South one -quarter corner of Section 1, Township 28N, Range 22W P.M.M. Flathead County. Thence N 00°02'22" E a distance of 47.33' to the North right-of-way of Three Mile Drive and the TRUE POINT of BEGINNING of the tract being described; thence N 89°5629" E along said right-of- way, a distance of 315.31'; thence leaving said right-of-way N 01°20'07" E a distance of 189.06'; thence S 88°48'52" E a distance of 316.22'; thence N 01'02'11" E a distance of 195.90 feet to the point of beginning containing an area of 53,687 square feet and attached to this site the abutting R/W of Three Mile Drive. -3 ZONING Tract 1 of Certificate of Survey 9693 in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana excluding the area proposed for RA-1 zoning above. #KA-03-18 Page 6 of 6 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 KA.LISPELL NAME OF APPLICANT: yy7OtGl /�. i iK MAIL ADDRESS:i CITY/STATE/ZIP: /- lj;S j) 11 1t41 j c?jj, %/ PHONE: INTEREST IN PROPERTY:J en 5 Other Parties of Interest to be Notified: PARTIES OF INTEREST: �h OniC1S Lg- Sh / r /p i% A J-c n t',--, MAIL, ADDRESS: l "7 / -7-A re e .� (,l , Dr. CITY/STATE/ZIP: PHONE: 76'a — qQ INTEREST IN PROPERTY:7'Q,•K� U> rK PLEASE COMPLETE THE FOLLOWING: Address of the property: i 7 / 7� l'ee /UZle- Ti'' /<a &liy .44-r Legal Description: '7'r 6 tq A (Lot and Block of Subdivision; Tract #) 1211)-� (Section. Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: The proposed zoning of the above property is: j R A - i State the changed or changing conditions that make the proposed amendment necessary: The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further gants approval for Tri-City Planning staff to be present on the property for routine inspection during the annexation process. (Applicant) (D e) APPLICATION •i APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS 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. Completed Petition to Annex form including an Exhibit A, legal description of the property. 4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. 5. Fee Schedule: Residential (1 acre or less) no fee All other annexations: Over 1 acre - $100 for first acre + $10 per acre over 1 acre 6. A bona fide legal description of the properly from a recent survey, title report or deed which accurately describes the property to be annexed. As Approved by TCPB, Effective 511103 2 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 GG ��. ;� , Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; d that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for minimum of 5 years from date of annexation. Petitioner/Owner Date Petitioner/Owner Date Please return this petition to: Tri-City Planning Office 17 2nd St East, Suite 211 Kalispell MT 59901 NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed that has been reviewed and certified by the Flathead County Plat Room. STATE OF MONTANA ) : ss County of Flathead County On this 5i day of f e-j16b'e k- 0o, ), before me, the undersigned, a Notary Public for the State of Montana, personally appeared known person whose name is subscribed to the foregoing instrument and acknowledged executed the same. df IN WqEREOF, I have hereunto set my hand and affixed my Notary Seal the day and � 's cere�fi&te first above written. � • �\ GG C L l • 4 Notary Public, State of Montana OF Residing at a"o 7/"-) T — 'uu►ynuan� U` My Commission expire s: STATE OF MONTANA ) ss County of Flathead County On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: 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 WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and vear in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires Tri-C#y Plan 17 Second Street East — Suite 1-11 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityCcenturyteLnet ►l# .0 • its TO: Kalispell City Staff and Other Interested Parties FROM: Tom Jentz October 14, 2003 - Kalispell City Planning Board Agenda DATE: September 15, 2003 Attached with this memo is information relating to items that will go before the planning board on the above referenced date. 1. A request by Tim Birk for annexation, R-3 and RA-1 zoning and preliminary plat approval of Three Mite Subdivision, a 31 lot residential subdivision on 9.1 acres of land lying on the north side of Three Mite Drive approximately one half mile west of North Meridian Road. The plat would create 30 lots intended for single family development and 1 lot intended for multi -family development. The subdivision would be developed in accordance with the City of Kalispell's design and construction standards. The preliminary plat is being submitted in conjunction with a request for annexation (above 2. A request by Gelinas Development LLC to amend the Kalispell City Zoning Jurisdiction Map from R-3 Single Family Residential to R-5 Residential( Professional Office for a one city block area described as Block 203 of Kalispell Addition 3 within the City of Kalispell. The site contains the former Courthouse East building and lies between 7th & Sth Streets East and 5th & 6rh Avenues East on the east side of Kalispell. This zoning designation allow as a permitted use single family and duplex hosing as well as professional offices. 3. A request lzy Nor~. awest Healthcare Cam. for preiirninary plat approval of a commercial re -subdivision proposed for the Buffalo Commons development. The applicant proposes to take three existing commercial lots on 3.72 acres and create a total of 5 commercial lots. Lot 3, Block 3, Phase 3 of Buffalo Commons located between Commons Loop and Commons Wav would be divided into 2 commercial lots. in addition two existing lots 3 3-- 4, Block 1, Phase 4 of Buffalo Commons which front on Commons Loop would be divided into 3 lots. 4. A :esauest by ACG - aHsaeil uvestors LAX for preiiminani plat approval of Gatewav West Subdivision Unit :42, a -L-,vo lot commercial development on 1.Sa ?? oviding Community ?'anning _-\ssistance To: City >)f aflsaeil - C tv fof CJiumbia rails - C to of'Xhitetisft , Referrals KPB 10/ I4/03 mtg September 15, 2003 Page 2 acres of land and a retention pond on .62 acres of land on a site located on the north side of US N.ighway 2 and west of Glenwood Drive at the main (south) entrance to the Gateway West Shopping Center. The two lots would straddle either side of the entrance road into the Malt. The site is zoned B-3 Community Business. J 5. A request by Foppiano Construction, Inc for an initial zoning designation of R- 3, Single Family Residential upon annexation to the City of Kalispell on approximately 1.0 acre of land located on the east side of Denver Avenue immediately east of the intersection of Phoenix Street in southwest Kalispell. This zoning designation anticipates single-family residences. The property is currently zoned R-1 single family residential in the County zoning jurisdiction. 6. A request by Larry and: Arlene Johnson for an initial zoning designation of I-1 Light Industrial upon annexation to the City of Kalispell on approximately a .34 acre tract of land located generally between the Kalispell city airport and US 93 South on the south end of Kalispell. This zoning designation anticipates light industrial uses including airplane hangers. The property is currently zoned B-2 General Business in the County zoning jurisdiction. The property proposed for annexation and zoning can be described as Parcel B of Certificate of Survey 8340 located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.. These items will go before the Site Development Review Committee in the Kalispell Building Department beginning at 10:00 a.m. on the following dates: ® September 18, 2003 - initial comments ® September 25, 2003 - Final comments/review conditions These matters will go before the Kalispell City Planning Board on Tuesday, October 14, 2003 for public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to September 2555, so that the;T can be incorporated into the staff report to the planning board. You can reach me at 751-1351. If ,rou -need additional information regarding any of these items, please call me. Thank you for taking the time to review and comment on these items. Referrals KPB 10 / 14/ 03 mtg September 15), 2003 Page 2 c: w/attachments: Jim Stewart, Fire Dept. Mike Baker, Parks and Rec Chris Kukulski, City Manager PJ. Sorenson, Zoning Administrator Roger Kraus, Police Dept. Frank Castle, Civil Engineer Jimm, Hansz, Director Public Works Sandy Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Keranan, Chief Building Inspector Charles Harball, City Attorney Steve Herzog, MDOT Charlie Johnson, Co. Rd. Superintendent Applicant / Owner H: \... \AGREF\ KALISPELL \ KPB 10- 14REF.DOC `F NOTICE' OPlJgb&' HEARING" KALISPELL '-CITY'' PLANNING.. BOARD AND ZONING COM MISSION_'_ -.. Commission, is.,sched uled for;:Tuesday Oc - . ber 1'4;-2003 beginning;: at 7:00. PM: M in the: Kali- cam ing, 3SY, `" ling;' biie: blic JVW"' the ed Ka' ahL I 1. A request by Tim Birk on behalf of Tho- mas and Shirley Jones for an initial zoning des- ignation upon annexa- . tion to the City of Kalis- pell of R-3, Single Fami- y Residential on ap- -.proximately 7.7 acres and RA-1, Low Density Residential Apartment on approximately 1.4 -acres located on the -north side of Three Mile 'Drive approximately `one-half mile west of North Meridian Road. --This zoning designation anticipates single-family in the R-3 area and sin- gle-family, duplex and multi -family in the RA-1 area. The property is currently in the County zoning jurisdiction and is zoned SAG-10, a :-Suburban Agricultural ..zoning designation. A `preliminary plat for 31 lots as described below is being filed concur- rentiv with the annexa- lion and zoning request. The property proposed for annexation and zon- ing can be described as :Tract 1 of Certificate of Survey 9693 and the immediately abutting portion of Three Mile .Drive located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 2. A request by Tim Birk for preliminary plat approval of Three Mile ;Subdivision, a 31-lot -residential subdivision on 9.1 acres of land Iv- ing on the north side of ;Three Mile Drive ap- proximately one half smile west of North Men- .:dian Road. The plat :would create 30 lots in- tended for single-family development and 1 lot intended for multi -family .development. The sub - .division would be devel- oped in accordance with the City of Kalispell's design and construction standards. The prelimi- nary plat is being sub- mitted in conjunction with the annexation of the property and desig- nation of initial zoning of R-3 Urban Residential and RA-1, Low Density Residential Apartment. The property can be de- scribed as Tract ; of Certificate of Survey 9693 located in Section 1, Township 28 North. Range ?2 ,Nest, P.M.M.. Flathead Coun- ty, Montana. 3. A request by Geli- _nas Development LLC to amend the Kalispell City Zoning Jurisdiction Map from R-3 Single Family Residential to R- 5 Residential/ Professio- nal Office for a one city block area described as Block 203 of Kalispell Addition 3 within the -City of Kalispell. The site contains the former Courthouse East build- ing and lies between 7th & 8th Streets East and 5th & 6th Avenues East on the east side of Ka- lispell. This zoning des- ignation allow as a per- mitted use single family and duplex hosing as well as professional offi- ces. 4. A request by North- west Healthcare Corp. for preliminary plat ap- proval of a commercial re -subdivision proposed for the Buffalo Com- +mons development. The .applicant proposes to take three existing com- mercial lots on 3.72 -acres and create a total of 5 commercial lots. Lot 3, Block 3, Phase 3 of Buffalo Commons lo- cated between Com- mons Loop and Com- mons Way would be divided into 2 commer- cial lots. In addition two existing lots 3 & 4, Block 1, Phase 4 of Buffalo Commons which front on Commons Loop would be divided into 3 lots. The subdivision Would be developed in accordance with City of Kalispell's design and construction standards. The proposed lots are located within the City of Kalispell in Section 6, Township 28N, Range 22 West, PMM Flathead County, Montana. 5. A request by ACG — Kalispell Investors LLC for preliminary plat ap- proval of Gateway West Subdivision Unit #2, a two -lot commercial de- velopment on 1.89 acres of land and a re- tention pond on .62 acres of land on a site located on the north side of US Highway 2 and .vest of Glenwood Drive at the main (south) entrance to the Gateway West Shop- ping ,enter. The two lots 'would straddle ei- ther side of the entrance roan into the Mall. The site is zoned B-3 Com- munity Business. The property is generally de- scribed as the southerly portion of Lot 2 of Gate- wav'VVest Addition 34 in Section 12, Township 28N, Range 22 West, PMM Flathead County, 'Jontana. 6. A request by Fop - piano Construction, Inc for an initial zoning des- ignation of R-3, Single - Family Residential upon annexation to the City of Kalispell on approxi- mately 1.0 acre of land located on the east side of Denver Avenue im- mediately east of the in- tersection of Phoenix Street in southwest Ka- lispell. This zoning des- ignation anticipates sin- gle-family residences. The property is currently zoned R-1 single-family residential in the County zoning jurisdiction. The property proposed for annexation and zoning can be described as Tract 2 of Certificate of Survey 11,352 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request by Larry and Arlene Johnson for an initial zoning desig- nation of 1-1 Light Indus- trial upon annexation to the City of Kalispell on approximately a .34 acre tract of land locat- ed generally between the Kalispell city airport and US 93 South on the south end of Kalispell. This zoning designation anticipates light industri- al uses including air- plane hangers. The property is currently zoned B-2 General Business in the County zoning jurisdiction. The property proposed for annexation and zoning can be described as Parcel B of Certificate of Survey 8340 located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public in- spection at the Tri-City Planning Office, 17 Sec- ond Street East, Suite 211, Kalispell; MT 59901, and are availa- ble for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and con- cerns known to the Board. Written com- ments mav_ be submit- ted to the Tri-City Plan- ning Office at the above address, prior to the date of the hearing, or contact Tom Jentz, Di- rector, at (406) 751- 1850 for additional infor- mation. /s/Thomas R. Jentz Thomas R. Jentz Planning Director September 28, 2003. 21 14 3R _ 5 15 4Z" 14 16 2 =., 11 12 17 3 - - — 1 y { 1 1'2 i' a , . NOR .r �, 22 f 1 2 - ` - L, v ---------------- ,r4 gg yy i 1 1 5AH 9 7 2 . 1 15`14.1 12.11 � 4 —8 1 . 5AF 7 tR3 ..................... 12 loto - 5 2 A i13 11 4 ,J .... 1 t �a 25 f 16 AM 1WREE MILE DR 5A SAS Lv�: 4C -1 11 5AE [ L SAGA - 5AF 3 R±4 z� A t 1 VICINITY MAP TIM B RK - „THREE MILE SUBDIVISION" ANNEXATION & INITIAL ZONING OE R, SINGLE FAMILY RESIDENTIAL 7.85 ACRES) RA -I, LOW DENSITY RESIDENTIAL, APARTMENT (1.23 ACRES) FROM SAG- 0, SUBURBAN AGRICULTURAL - 10 ACRES FLATHEAD COUNTY ZONING JURISDICTION FILE# -- _03-I8 SCALE 1 300'