Staff Report/Annexation & ZoningFlathead ei a Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Annexation and Initial Zoning of R-4 and RA-3 -
Glacier Village Greens Area
MEETING DATE: December 18, 2000
BACKGROUND: As part of the annexation process for Glacier Village Greens, the
Kalispell City -County Planning Board met on October 10, 2000, and held a public
hearing to consider appropriate zoning for approximately 110 acres of land intended
to be annexed by the City of Kalispell. This includes portions of Glacier Village
Greens and the northwest corner of Whitefish Stage Road and West Evergreen Drive.
The matter was continued until the November 14, 2000 meeting to allow the property
owner of the northwest corner time to consider he recommended zoning and make
comment.
The staff recommended that the board forward a recommendation for R-4, Two Family
Residential, for the Glacier Village Greens property; and RA-3, Residential Apartment
Office, for approximately 15 acres at the northwest corner of Whitefish Stage Road
and West Evergreen Drive. The recommendation was based upon existing
development, surrounding zoning and the master plan designation.
George Schulze, owner of the northwest corner, spoke against the proposed RA-3
zoning and requested a B-1 zoning classification for approximately four acres along
Whitefish Stage Road.
A City zoning designation will need to be assigned to the properties intended to be
annexed to replace the current County zoning. All of the properties in the area to be
annexed currently have a residential zoning designation of R-5, Two Family Residential,
that allows single family homes. and duplexes and golf courses as a conditionally
permitted use. The Kalispell City County Master Plan map designates this area as
Urban Residential which anticipates a density of two to eight dwellings per acre. Staff is
recommending substantially the same zoning for the Glacier Village Greens
development that would be found under a City R-4, Residential, zoning designation.
This district lists duplex and single family dwellings as permitted uses and lists golf
courses as a conditionally permitted use. Under the City R-5 zoning designation, the
district is a described as a Residential / Professional Office district. This district allows
a number of non-residential uses including clinics, professional and government offices,
title companies, etc., but does not list golf courses as either a permitted or conditionally
permitted use. For these reasons the City R-4, Residential, district more closely reflects
the existing and intended uses for Glacier Village Greens than does the City R-5,
Residential / Professional Office.
Providing Community Planning Assistance To:
• Flathead County e City of Columbia Falls • City of Kalispell • City of Whitefish
Annexation and Initial Zoning Glacier Village Greens
November 22, 2000
Page 2
The adjoining property to the east contains approximately 15 acres and is currently
undeveloped with the exception of a residence. This property currently has a County R-
5, Two Family Residential, zoning designation. The southwest portion of this property
was recently annexed into the city along with the preliminary plat for Village Plaza
subdivision. The Kalispell City -County Master Plan map designates the area of Village
Plaza as Neighborhood Commercial which is defined as an area intended to serve
residents within a half to three-quarter mile area and should not exceed five acres in
size. Village Plaza was given a B-1, Neighborhood Buffer District, upon annexation.
The subdivision contains approximately six acres including the road and development is
underway and near completion.
The Kalispell City -County Master Plan map designates the area along Whitefish Stage
Road between Village Plaza and the residential subdivision to the north as High Density
Residential. The remaining area of the property to the east is designated as Urban
Residential. The staff is recommending that the zoning for this approximately 15 acres
be given a zoning designation of RA-3, a Residential Apartment Office district. This
district lists duplex and single family dwellings as permitted uses as well as clinics and
professional and government offices. Conditionally permitted uses include multifamily
dwellings, drive in banks and other limited residential and non-residential uses. The
minimum lot size requirement of this district is 7,000 square feet plus 1,500 square feet
for each additional dwelling beyond a duplex. The recommended RA-3, Residential
Apartment / Office, zoning would allow a mixed use area that appears to provide a
reasonable transition between the neighborhood commercial to the south, the church
uses to the west and the residential uses to the east.
This matter went before the Kalispell City -County Planning Board for public hearing
at their October 10, 2000. Because of concerns about adequate not to property
owners, the matter was continued until the November 14, 2000 meeting to allow the
property owner of the northwest corner time to consider he recommended zoning and
make comment. The board is recommending that the Kalispell City Council that the
property be zoned R-4 and RA-3 upon annexation as recommended by staff.
RECOMMENDATION: Since the effective date of the annexation of this area was
postponed until November 2001, staff would recommend a first and second reading of
the ordinance with the effective date of the zoning to coincide with the effective date of
the annexation. A motion to adopt the first reading of the ordinance assigning an R-4
and RA-3 zoning designation upon annexation of this property would be appropriate.
FISCAL EFFECTS: Minor positive effects once fully developed.
ALTERNATIVES: As suggested by the city council.
_& 4 -fe. VA,
C,"AJ4k_,�
Narda A. I�Iilson
Chris A. Kukulski
Senior Planner
City Manager
Annexation and Initial Zoning Glacier Village Greens
November 22, 2000
Page 2
Report compiled: November 22, 2000
C: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter and Exhibit A
Memo to KPB and ltr to Schulze
FRDO report KA-00-07 and application materials
Minutes from 10/ 10/00 planning board meeting
Draft minutes from 11 / 14/00 planning board meeting
H: \FRDO\TRANSMIT\KALISPEL\2000\KA00-7MEMDOC
ORDINANCE NO. 1378
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175),BY ZONING
CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND
THEREBY MADE A PART HEREOF, (PREVIOUSLY ZONED COUNTY R-5, TWO
FAMILY RESIDENTIAL), CITY R-4, RESIDENTIAL, AND CERTAIN REAL
PROPERTY DESCRIBED IN EXHIBIT "B", ATTACHED HERETO AND THEREBY MADE
A PART HEREOF, (PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY
RESIDENTIAL), CITY RA-3, RESIDENTIAL APARTMENT OFFICE, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, the City of Kalispell initiated, pursuant to Title 7,
Chapter 2, Part 43 Montana Code Annotated, annexation of the real
property described in Exhibit "A", and passed Resolution No. 4590,
annexing said property, effective November 1, 2001, and
WHEREAS, zoning classification attached to said real property
under Flathead County Zoning Regulations is R-5, Two Family
Residential, and,
WHEREAS, under § 27.03.010, Kalispell Zoning Ordinance the
City Council must determine the appropriate zone for areas annexed
to the City upon recommendation of the Kalispell City -County
Planning Board, and
WHEREAS, the zoning of said property was subject to a report
compiled by the Flathead Regional Development Office, #KA-00-
7,dated October 2, 2000, in which the Flathead Regional Development
Office evaluated the petition and recommended that the property as
described above be zoned R-4, Two Family Residential for the
Glacier Village Greens area and RA-3, Residential Apartment/Office
for the approximately 15 acres at the Northwest corner of Whitefish
Stage Road and West Evergreen Drive, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and made a recommendation
consistent with the FRDO report, and
WHEREAS, after considering all the evidence submitted on the
recommendation to zone the property as described in accordance with
the recommendation of the Kalispell City -County Planning Board and
villagegreens.wpd 1
Zoning Commission, the City Council 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 FRDO as set forth in Report No. KA-00-7.
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 #1175) is
hereby amended by designating the property described in
Exhibit "A" as R-4, Two Family Residential, and the
property described in Exhibit "B" as RA-3, Residential
Apartment/Office.
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 November
1, 2001.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS DAY OF , 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
villagegreens.wpd 2
Exhibit "A"
LEGAL DESCRIPTION FOR
ANNEXATION OF GLACIER VILLAGE GREENS AREA
Page 1 of 4
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SEl/4 & SW1/4 SEC. 32, T.29.N., R.21W., P.M., M., FLATHEAD CO.
MONTANA
AMENDED PLAT
LOT II, GLACIER VILLAGE GREENS, PHASE I
A
SUBDIVISION
IN THE SETA & SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
LOTS 1, 82 and 83
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SEl/4 & SWl/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE II
A SUBDIVISION
IN THE SE1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY,
MONTANA
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R.21 W., P.M., M., FLATHEAD CO.,
MONTANA
AMENDED PLAT OF
LOTS 70 & 71
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R 21 W., P.M., M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE III A
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R.21 W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION
IN THE E1/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
OF
LOT 127
OF THE PLAT OF
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION IN THE
El/2SW1/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IV
A SUBDIVISION
IN THE W 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE V
A SUBDIVISION
IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
Homeowner's Park A of Glacier Village Greens, Phase III
Lots 160, 216 and the Homeowner's Park of Glacier
Village Greens, Phase IV
IN THE W 1/2SW 1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE VIII
A SUBDIVISION
IN THE NWl/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
LOTS 1 &2
GLACIER VILLAGE GREENS, Phase VIII
A SUBDIVISION
IN THE NW 1/4SE 1/4 SEC. 32., T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE W1/2SEl/4 SEC. 32, T.29N., R.21W., PM.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE X
A SUBDIVISION
IN THE NWl/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
Exhibit "B"
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE
SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5,
N89055'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known
as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W
1146.61 feet to a found iron pin; Thence leaving said R/W N89°59'45"E 213.61 feet to a
found iron pin; Thence N01 °24'27"W 207.48 feet to a found iron pin; Thence S89°55'59"W
10.00 feet to a found iron pin; Thence NO2°24'36"E 411.97 feet to a found iron pin; Thence
N20008'33"E 100.12 feet to a found iron pin; Thence N18°30'04"E 223.97 feet to a set iron
pin; Thence N79°37'27"E 71.92 feet to a found iron pin; Thence S 1713'41 "W 261.53 feet
to a found iron pin; Thence S02°42'43"W 225.00 feet to a found iron pin; Thence
SO1°47'43"W 235.46 feet to a found iron pin; Thence S03°46'45"E 138.54 feet to a found
iron pin; Thence S21°10'5O"E 104.45 feet to a found iron pin; Thence S45028'25"E 169.53
feet to a found iron pin; Thence S40010'29"E 138.50 feet to a found iron pin; Thence
S70042'43"E 137.36 feet to a found iron pin; Thence S44°24' 19"E 294.91 feet to a found
iron pin; thence S25°07'53"E 185.26 feet to a found iron pin; Thence S28°32'15"E 216.19
feet to a found iron pin; Thence S89°54'39"W 370.00 feet to a set iron pin; Thence
S00°05'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence
along said boundary S89°55'09"W 701.12 feet to the point of beginning and containing
21.606 ACRES; Subject to and together with all appurtenant easements of record.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north
boundary of said Section 5, S89°57'38"E 30.00 feet to a found iron pin on the easterly R/W
of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said
easterly R/W N00°03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W
N89057'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave
southwesterly, having a central angle of 45°03'00"; Thence along an arc length of 141.53
feet to a set iron pin; Thence S45°00'00"E 241.23 feet to a set iron pin and the P.C. of a
180.00 foot radius curve, concave southwesterly, having a central angle of 44°53'10";
Thence along an are length of 141.01 feet to a set iron pin; Thence S00°06'50"E 222.78 feet
to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen
Drive and the north boundary of Section 5; Thence along said R/W and along said north
boundary N89°57'38"W 588.20 feet to the point of beginning and containing 6.826 ACRES;
Subject to and together with all appurtenant easements of record.
Flathead a 'onal Development Office
723 5th avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
November 22, 2000
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Initial Zoning for Glacier Village Greens Annexation
Dear Chris:
The Kalispell City -County Planning Board met on October 10, 2000, and held a public
hearing to consider appropriate zoning for approximately 110 acres of land intended to be
annexed by the City of Kalispell that includes portions of Glacier Village Greens and the
northwest corner of Whitefish Stage Road and West Evergreen Drive. The matter was
continued until the November 14, 2000 meeting to allow the property owner of the northwest
corner time to consider he recommended zoning and make comment.
Narda Wilson presented staff report KA-00-7 and recommended that the board forward a
recommendation for R-4, Two Family Residential, for the Glacier Village Greens property;
and RA-3, Residential Apartment Office, for approximately 15 acres at the northwest corner
of Whitefish Stage Road and West Evergreen Drive. The recommendation was based upon
existing development, surrounding zoning and the master plan designation.
George Schulze, owner of the northwest corner, spoke against the proposed RA-3 zoning and
requested a B-1 zoning classification for approximately four acres along Whitefish Stage
Road. He felt the current zoning was inadequate and outdated and needed to be rewritten to
accommodate the present needs of the community.
The board discussed the difference between the zoning classifications of RA-3 and B-1. After
careful consideration, a motion was made to adopt staff report KA-00-7 and recommend to
the Kalispell City Council that the property be zoned R-4 and RA-3 upon annexation. On a
roll call vote the motion passed unanimously.
Please schedule this matter for the city council's consideration. You may contact this board
or Narda Wilson if you have any questions regarding this matter.
incerely
Kalispell Ci - o my PI g Board
,Jean A. J on
' Preside
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Glacier Village Greens Annexation and Initial Zoning
November 22, 2000
Page 2
JJ/NW/dw
Attachments: Exhibit A - Legal description
Memo to KPB and ltr to Schulze
FRDO report KA-00-7
Planning board minutes 10/ 10/00
Draft planning board minutes 11/ 14/00
Schulze's proposed zoning map
c w/ Att: Theresa White, Kalispell City Clerk
H: \ FRDO \TRANSMIT\ KALISPEL\ 2000 \ KA-00-7. DOC
Glacier Village Greens Annexation and Initial Zoning
November 22, 2000
Page 3
EXHIBIT A
LEGAL DESCRIPTION FOR
ANNEXATION OF GLACIER VILLAGE GREENS AND ADJACENT WEST PROPERTY
Page I of 4
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SEI/4 & SW 1/4 SEC. 32, T.29.N., R.21 W., P.M., M., FLATHEAD CO.
MONTANA
AIMENDED PLAT
LOT II, GLACIER VILLAGE GREENS, PHASE I
A
SUBDIVISION
N THE SEI/4 & SW 1/4 SEC. 32, T.29N., R.2I W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
LOTS 1, 82 and 83
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SE114 & SWI/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE II
A SUBDIVISION
IN THE SEI/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY,
MONTANA
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S I/2 SEC. 32, T.29N., R.21 W., P.M., M., FLATHEAD CO.,
MONTANA
AMENDED PLAT OF
LOTS 70 & 71
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R 2I W., P.M., M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE III A
A SUBDIVISION
N THE S 1/2 SEC. 32, T.29N., R.21 W., P.M., Ivf., FLATHEAD CO.,
MONTANA
Page 2 of 4
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION
IN THE E 1/2SW 1/4 SEC. 32, T.29N., R21 W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
OF
LOT 12"
OF THE PLAT OF
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION IN THE
E 1/2SW 1/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IV
A SUBDIVISION
IN THE W 1/2 SEC. 32, T.29N., R.21 W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE V
A SUBDIVISION
IN THE NW 1/4SE 1/4 SEC. 32, T.29N., R.21 W., P.M.,Ivl.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
Homeowner's Park A of Glacier Village Greens, Phase III
Lots 160, 216 and the Homeowner's Park of Glacier
Village Greens, Phase IV
IN THE W 1/2SW 1/4 SEC. 32, T.29N., R.21 W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE VIII
A SUBDIVISION
IN THE NSW l/4SE 1/4 SEC. 32, T.29N., R.21 W., P.ivi.,M.,
FLATHEAD COUNTY, MONTANA
Page 3 of 4
AMENDED PLAT OF
LOTS 1 &2
GLACIER VILLAGE GREENS, Phase VHI
A SUBDIVISION
IN THE NW 1/4SE I/4 SEC. 32., T.29N., R.21 W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE Wl/2SEI/4 SEC. 32, T.29N., R.21W., PM.,M.,
FLATHEAD COUNTY, MONTANA
AN (ENDED PLAT OF
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE X
A SUBDIVISION
IN THE NW 1/4SE 1/4 SEC. 32, T.29N., R.21 W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
AND
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE
SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
Commencing at the northwest comer of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5,
N89 ° 55'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known
as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W
1146.61 feet to a found iron pin; Thence leaving said R/W N89059'45"E 213.61 feet to a
found iron pin; Thence NO 1 °24'27"W 207.48 feet to a found iron pin; Thence S89 °55'59"W
10.00 feet to a found iron pin; Thence NO2°24'36"E 411.97 feet to a found iron pin; Thence
N20008'33"E 100.12 feet to a found iron pin; Thence Nl8°30'04"E 223.97 feet to a set iron
Page 4 of 4
pin; Thence N79°37'27"E 71.92 feet to a found iron pin; Thence S17° 13'41 "W 261.53 feet
to a found iron pin; Thence S02°42'43"W 225.00 feet to a found iron pin; Thence
SO 047`43"W 235.46 feet to a found iron pin; Thence S03 °46'45"E 138.54 feet to a found
iron pin; Thence S21 ° 10'50"E 104.45 feet to a found iron pin; Thence S45 °28'25"E 169.53
feet to a found iron pin; Thence S40°10'29"E 138.50 feet to a found iron pin; Thence
S70042'43"E 137.36 feet to a found iron pin; Thence S44°24'19"E 294.91 feet to a found
iron pin; thence S25°07'53"E 185.26 feet to a found iron pin; Thence S28032'15"E 216.19
feet to a found iron pin; Thence S89°54'39"W 370.00 feet to a set iron pin; Thence
S00°05'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence
along said boundary S89°55'09"W 701.12 feet to the point of beginning and containing
21.606 ACRES; Subject to and together with all appurtenant easements of record.
EXCEPTING THEREFROM THE FOLLOWENG DESCRIBED PARCEL OF LAID:
Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north
boundary of said Section 5, S89°57'38"E 30.00 feet to a found iron pin on the easterly R/W
of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said
easterly R/W N00°03'08"W 572.39 feet to a set iron pin; Thence Ieaving said R/W
N89 ° 57'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave
southwesterly, having a central angle of 45°03'00"; Thence along an arc length of 141.53
feet to a set iron pin; Thence S45°00'00"E 241.23 feet to a set iron pin and the P.C. of a
180.00 foot radius curve, concave southwesterly, having a central angle of 44°53'10";
Thence along an arc length of 141.01 feet to a set iron pin; Thence S00°06'50"E 222.78 feet
to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen
Drive and the north boundary of Section 5; Thence along said R/W and along said north
boundary N89 °57'38"W 588.20 feet to the point of beginning and containing 6.826 ACRES;
Subject to and together with all appurtenant easements of record.
BOARD DISCUSSIONThere was no board discussion. DRA%,K,P
ROLL CALL On a roll call vote the motion passed unanimously.
OLD BUSINESS Consideration of appropriate zoning for Glacier Village Greens
and adjoining property comprising approximately 110 acres in
conjunction with annexation to the city of Kalispell.
Brian Sipe stepped down from the board due to a conflict of
interest. A quorum remained of the board.
Wilson noted this was continued from the October meeting so
that property owner George Schulze had a chance to consider
and comment on the recommended RA-3 zoning for his
property. She gave a brief summary of staff recommendations
for zoning for the area.
MOTION Stevens moved and Mann seconded that the KCCPP adopt staff
report KA-00-7 as findings of fact and forward a
recommendation to the Kalispell City Council to adopt the city
R-4, Two Family Residential, for the Glacier Village Greens
development and RA-3, Residential Apartment Office, for the
property at the northwest corner of West Evergreen Drive and
Whitefish Stage Road.
BOARDDISCUSSION George Schulze, 1377 Whitefish Stage Road, co-owner and
developer of said property, said he was confused because the
City passed a resolution to annex, but it was not annexed yet,
and would not be until November 2001. Wilson confirmed that
statement. Schulze presented a zoning proposal, which he
thought might meet the criteria of a neighborhood type
business with neighborhood type services. He handed out a
map of proposed zoning, an additional B-1 zone on
approximately four acres that would afford him the opportunity
of continuing neighborhood services. He felt current zoning
was inadequate and outdated and needed to be rewritten to
accommodate the present needs of the community. He said
that if you go through the B-1 permitted uses they were very
unclear, ambiguous, contradictory, and he recommended the
board take some initiative to do some text amendments. As far
as the City annexing his property to the city, which was done
without his knowledge, he thought it was inappropriate
because his property was not served by the sewer district. He
said he would be requesting to be brought in to the sewer
district in the future and may request annexation to the city,
with the subdividing of the rest of the remaining property.
There was a discussion about Schulze's proposed zoning,
referencing the map he submitted. Schulze handed out an
aerial photo of the property and a certificate of survey. He said
he didn't know what the City would do, if they would make him
Kalispell City -County Planning Board
November 14, 2000 Meeting Minutes
Page 7 of 10
pay taxes on a hillside that was unusable, with a steep bluff
line and timber. His proposal suggested an exemption from
property that was unusable tax -wise.
There was a discussion between the differences between the
RA-3 and B-1 zones. The primary differences being; RA-3
zoning didn't allow retail type uses, B-1 allowed limited retail
uses as permitted; RA-3 allowed single family and duplex, as
permitted uses, and multiple family as conditional uses,
whereas the only residential uses in B-1 were accessory uses to
a business. Wilson said she would recommend RA-3 as more
appropriate because staff would like to see limited retail and
more office type uses with less traffic impact, which would be
more compatible with the high end homes in the area. Also,
there was a Master Plan designation for Neighborhood
Commercial on the corner, which is intended to draw from
residents in the immediate area and should not be more than
five acres in size.
Schulze and members of the board discussed the different uses
of the B-1 zone. Schulze said he wanted to create a
neighborhood business service community with a drive in
banking facility, a contract post office, an emergency medical
facility, a barber shop, a beauty shop, not a Wal-Mart, or a K-
Mart. He said he was also working on a subdivision plan out
side the Village Loop Road that would be a mix of residential
and business.
Stevens wondered if a PUD would resolve the problem and this
was discussed briefly.
Mann stated he did not find Schulze's proposal offensive and
thought Whitefish Stage Road was destined to be a commercial
zone. He thought residential was not it's highest and best use
and was inclined to go with what the landowner wanted.
Stevens said his impression was that B-1 was not anymore
help than RA-3. He said they needed to revise B-1 or develop a
new zoning classification.
Pierce said that if you look at the permitted uses of B-1 versus
RA-3 there wasn't a lot in B-1 that Schulze was proposing to
do. He said the RA-3 would be more adaptable. Schultz said
he based his criteria on paraghraph 3 in the B-1 zone.
Heinecke read said paragraph. There was a brief discussion
about the interpretation of that paragraph. Heinecke said he
would prefer B-1 zoning for the property.
Wilson pointed out that Schulze could ask for an amendment
to the zoning ordinance and said she would be happy to work
with him on that.
Kalispell City -County Planning Board
November 14, 2000 Meeting Minutes
Page 8 of 10
Brian Sipe said that some of the uses were not in existence at
the time the zoning regulations were made. He wondered
where they entered in.
Johnson said it could be brought up at a later date.
There was some discussion as to uses and the anticipation of
the best zoning for the use of the area. Wilson suggested the
board consider what was best for the community. Her primary
objection to B-1 zoning was that the area being proposed would
be nearly twice the area they would anticipate to find in a
neighborhood commercial type use. She said the size of the
area gave it a decidedly more commercial flavor than mixed
uses. The other primary consideration was the land use
designation of the master plan, which was High Density
Residential in the proposed B-1 area and Urban Residential in
the area to the west. She felt the recommended RA-3 was a
good compromise for the landowner, the neighborhood, and
could still be in compliance with the master plan.
The board discussed the pros and cons of adopting the RA-3
zoning as recommended by staff and the B-1 zoning requested
by the property owner. Wilson said that if Schulze wanted to
do a survey that could be filed according to the proposed
zoning map it could work to zone it B-1. She also said the
board could make their recommendation and Schulze could
come in with a development plan and request early annexation
on all or part of the property and request a different zoning.
Schulze said it would be his intention to adopt zoning before
the city adopted annexation.
Schulze said he would accept the recommendation for the RA-
3, but would come back with a subdivision design that was
surveyed and would request different zoning, depending on
how they go through the zoning regulations on permitted uses
in the RA-3.
ROLL CALL On a roll call vote the motion to forward a favorable
recommendation for the entire tract to be zoned RA-3 passed
unanimously.
OLD BUSINESS Johnson reported on the City Council's workshop dealing with
the growth policy plan. He said it was decided that the urban
growth boundaries were not appropriate and they would try to
enter into a memo of understanding with the commissioners.
Wilson said the council worked on a vision statement saying
Kalispell would retain a strong, diverse economic base and
serve as a center for higher learning. She said there was a lot
of communication to be shared and offered to put together an
email list for anyone who had interest in getting information as
soon as possible.
Kalispell City -County Planning Board
November 14, 2000 Meeting Minutes
Page 9 of 10
Sipe asked and Wilson answered that no, when you go from R-
5 to B 1 there wasn't a change of tax structure because taxes
were based on use. She said the taxes wouldn't change until
the use changed.
Stevens asked and Wilson answered that no, the map did not
address that area. There was a separate neighborhood plan for
Meridian Road. Wilson said they could make a
recommendation that the neighborhood plan was obsolete and
be replaced with the land use designations that were presented
on the map from the planning board.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
PROPONENTS No one wished to speak.
OPPONENTS No one wished to speak and the public hearing was closed.
OTION Garberg moved and Hines seconded to adopt staff report KZC-
00-1 as findings of fact and recommended approval of the
requested zone change from R-3 to R-5 to the Kalispell City
Council
BOARD DISCUSSION There was no discussion.
ROLL CALL On a roll call vote the motion passed unanimously.
GLACIER VILLAGE Consideration of appropriate zoning for Glacier Village Greens
GREENS ANNEXATION and adjoining property, comprising approximately 110 acres, in
D ZONING conjunction with annexation to the city of Kalispell.
STEPPING OFF OF Brian Sipe stepped down due to a conflict of interest.
BOARD
STAFF REPORT Narda Wilson gave a presentation on staff report KA-00-7 for a
City zoning designation to be assigned to the properties
intended to be annexed to replace the current County zoning
upon the annexation of the Glacier Village Greens area. She
said the annexation proceedings were initiated by the City
Council's desire to bring in properties that were receiving City
services. This matter was before the planning board to
consider a recommendation for appropriate zoning for these
properties upon annexation. All of the properties in the area to
be annexed currently have a residential zoning designation of
County R-5, Two Family Residential, that allows single family
homes, duplexes and golf courses as a conditionally permitted
use. The Kalispell City County Master Plan map designates the
area as Urban Residential, which anticipates a density of two to
eight dwellings per acre. Staff recommended the same zoning
for the Glacier Village Greens development that would be most
appropriately zoned City R-4, Residential district, allowing
Kalispell City -County Planning Board
October 10, 2000 Meeting Minutes
Page 3
duplexes, single family dwellings, and golf courses as permitted
uses. Under the City R-5 zoning designation, the district was
described as Residential/Professional Office. That district
allowed a number of non-residential uses including clinics,
professional and government offices, title companies, etc., but
did not list golf courses for permitted or conditionally permitted
use. For those reasons Wilson felt the R-4 more closely
reflected the County R-5. The adjoining property to the east
contains 15 acres and is currently undeveloped with the
exception of a residence and is also zoned R-5, Two Family
Residential.
Mann asked where the 15 acres were located and Wilson
pointed them out on a site map and directed him to exhibit B of
the staff report. She said it was the Schultz property.
Mann suggested that it seemed appropriate the section be
commercial. Wilson said it was designated as High Density
Residential on the master plan and the part to the east as
Urban Residential. She said that with the RA-3 zoning it
provided a transition. Wilson stated the definition of RA-3
zoning. The idea, she said, was to provide zoning that was
compatible with the B-1 and to allow non-residential and
residential uses, while still being in compliance with the master
plan.
Mann asked and Wilson answered that no, George Schultz had
not been consulted. Mann said he thought it was appropriate
to consult Schultz.
There was a brief discussion regarding the surrounding land
use and appropriateness of the zoning recommendation.
Stevens asked who assembled the Extension of Services
document and Wilson said it was the City's various
departments coordinated by the City Manager.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
PROPONENTS No one wished to speak.
OPPONENTS Brian Sipe, 1377 Whitefish Stage, George Schultz's son-in-law,
spoke in opposition to the proposal. He asked Wilson if the
property had to be contiguous to the City in order to be
annexed. He said he understood it had to be contiguous and
that was the reason Schultz had not been consulted all along,
because they had to annex his piece in order to get Glacier
Village Greens. Sipe suggested they were not talking to Schultz
because they were annexing his property. He said he objected
to the whole scenario. He said they had to get him in order to
get Glacier Village Greens because there was nothing else
contiguous in the City of Kalispell. He said they would run
Kalispell City -County Planning Board
October 10, 2000 Meeting Minutes
Page 4
over him if they could.
There was a brief discussion about notification of property
owners and Wilson stated that in accordance with the statute
this agenda item required a public hearing, not notification of
adjoining property owners.
Garberg said he thought it was prudent and proper procedure
to send notification. He said he didn't have a problem with the
staff recommendation but would like to have input from the
owners. Wilson said Schultz was aware of the process and had
been in touch with the City Attorney.
MOTION Stevens moved and Heinecke seconded that the Kalispell City -
County Planning Board and the Zoning Commission adopt staff
report KA-00-7 as findings of fact and forward a
recommendation to the Kalispell City Council to adopt the
zoning as shown in the attached Exhibit B upon annexation
into the City of Kalispell.
BOARD DISCUSSION Mann asked and Sipe answered that Schultz had no idea of the
zoning recommendation or public hearing.
JP Sorenson explained the City's reasons for the annexation
stating that the question of annexation was not the focus
before the board, the zoning was.
Hines suggested a motion to postpone and notify landowners in
the general area of the pending annexation.
Sorenson stated there was notification sent to registered voters
at the end of August. Mann agreed with the annexation
procedure but thought the problem was that Schultz did not
get due process. Sorenson stated he was given notice required
by law. He also said that Schultz and his attorney had
meetings with the City Attorney to discuss the annexation of
his property. He said it was possible he didn't know about the
meeting tonight.
There was discussion about the City's right to annex property.
Sorenson explained the annexation procedure and said there
was a protest provision.
The conclusion of the Board was that they were speaking on
the zoning, not the annexation. It was suggested that if they
thought they didn't have enough information to assign a zoning
classification they should consider postponing their
recommendation until the next meeting.
There was more discussion regarding not having input from the
property owner and concerns that it would be costly if he
wanted to change the zoning. Wilson responded by citing the
Kalispell City -County Planning Board
October 10, 2000 Meeting Minutes
Page 5
Kalispell Zoning Ordinance, regarding the assignment of zoning
in subsection 4. She concluded by saying that in looking at the
Master Plan they tried to be as good as they could be to George
Schultz and anything with a more commercial nature would
not be in compliance with the High Density Residential
designation. Wilson noted that there wasn't any other RA-3 in
the area.
The Board further discussed the lack of notification to the
property owner, Mr. Schultz. Wilson and Sorenson gave
comment regarding Schultz's awareness of the pending
annexation and said they followed the law regarding
notification.
Heinecke stated that he supported notification of the owner,
and he also agreed with Wilson, that the RA-3 was appropriate
zoning. He was willing to make a recommendation and said he
would be supportive of the motion.
MOTION TO TABLE Mann moved and Hines seconded to table the motion until Mr.
Schultz was notified of the meeting set for November 14, 2000.
ROLL CALL On a roll call vote Hines, Mann, Johnson, Pierce, and Garberg
voted aye. Heinecke and Stevens voted no. The motion to table
passed with 5 in favor and 2 opposed.
DIIIITA ANNEXATION A request by Frank DiVita for annexation and initial zoning
D INITIAL ZONING designation of B-1 on an approximately 9,000 square foot
parcel on the northeast corner of Woodland park Drive and
Shady Glen Drive.
STAFF REPORT Narda Wilson, of the Flathead Regional Development Office
gave a presentation on staff report KA-00-9. The property
owner was requesting City B-1 zoning, a Neighborhood Buffer
District, which allowed a limited number of commercial uses
including professional offices, limited retail, and other
businesses intended to service the neighboring residential area.
Under the City B-1 zoning district, a slightly broader number of
uses would be allowed which would not be allowed under the
County B-1 zoning. The purpose of the annexation was so the
property owner could connect to City water and sewer services
for an artist studio intended for the property.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
OPPONENTS No one wished to speak.
PROPONENTS No one wished to speak and the public hearing was closed.
MOTION Mann moved and Sipe seconded to adopt staff report KA-00-9
as findings of fact and forward a recommendation to the
Kalispell City -County Planning Board
October 10, 2000 Meeting Minutes
Page 6
"-T City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758
September 7, 2000
Narda Wilson
Flathead Regional Development Office
723 5th Avenue E. #414
Kalispell, MT 59901
Dear Ms. Wilson:
The Kalispell City Council, at its regular meeting September 5, passed a Resolution of Intention to
annex the Glacier Village Greens area. Attached is a copy of Resolution 4581 including the legal
description of the property in question. I have also enclosed a copy of the memo I wrote to the
Council concerning background material . Please place this matter before the Planning Board at its
meeting October loth.
If you need additional information please do not hesitate to phone and thank you for all of your help.
Sincerely,
Chris A. Kukulski
Kalispell City Manager
Attachments: Resolution 4581
Exhibit A - Legal Description
Council Memo dated August 31, 2000
HYE I
SEP Qr 2000
Flathead e is Development ice
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
•' •
TO: Kalispell City County Planning Board
FROM: Narda A. Wilson, Senior Planner
SUBJECT Initial Zoning of RA-3, Residential Apartment / Office, for
Schulze Property - Glacier Village Greens Area Annexation
DATE: November 6, 2000
At their last regular meeting of October 10, 2000, the Kalispell City County Planning
Board held a public hearing on the matter of an appropriate zoning assignment for
properties proposed to be annexed in Glacier Village Greens area, which includes
property owned by George Schulze at the northwest corner of West Evergreen Drive
and Whitefish Stage Road. The board postponed the matter until they were certain
that Mr. Schulze was made aware of the pending change in zoning that is part of the
annexation process and of the staff recommendation for RA-3, Residential Apartment
Office, for the property. The planning board continued the matter of a
recommendation for the zoning for this area at their next regular meeting of November
14, 2000.
I am enclosing a copy of the letter sent to Mr. Schulze, which you should have
received previously. This also included a copy of the staff report that went to the
planning board and a copy of the RA-3 zoning regulations.
Since the last planning board meeting and subsequent to the public hearing held by
the planning board for initial zoning, the City of Kalispell reached an agreement with
the Glacier Village Greens Homeowners Association to delay the annexation of the
area until November of 2001. In any event your recommendation for appropriate
zoning upon annexation would be forwarded to the Kalispell City Council once action
is taken by the planning board.
At the time of writing the staff report Mr. Schulze has not contacted this office to
discuss the proposed recommendation for RA-3 zoning for his property upon
annexation to the city.
Recommendation: The staff would recommend that the Kalispell City -County
Planning Board and Zoning Commission adopt Staff Report #KA-00-7 as fmdings of fact
and forward a recommendation to Kalispell City Council to adopt the City R-4, Two
Family Residential, for the Glacier Village Greens development and RA-3, Residential
Apartment / Office for the property at the northwest corner of West Evergreen Drive and
Whitefish Stage Road.
Providing Community Planning Assistance To:
Flathead County • City of Columbia Falls • City of Kalispell . City of Whitefish
Flathead eci®a eve ® e t Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
October 20, 2000
George and Elaine Schulze
1377 Whitefish Stage Road
Kalispell, MT 59901
Re: Recommendation for Initial Zoning of Property Annexed with Glacier Village Greens
Dear Mr. and Mrs. Schulze:
This letter is being sent to you to ensure that you are aware of the recommendation this
office has made to the Kalispell City County Planning Board for the zoning on your property
at the northeast corner of West Evergreen Drive and Whitefish Stage Road. As you know
the property you own on this corner is part of the area being annexed by the Kalispell City
Council along with most of the platted areas of the Glacier Village Greens golf course
development. The property you own that we are referring to can be described as Assessor's
Tract 5 located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead
County, Montana.
Part of the annexation process requires that when the property is moved from the County
to the City jurisdiction, that a City zoning designation be assigned to the property. This
goes to the planning board for consideration and they forward a recommendation to the city
council for final approval. This matter went before the Kalispell City County Planning
Board at their regular meeting of October 10, 2000. They held a public hearing on the
matter of an appropriate zoning assignment for your property and for the properties
proposed to be annexed in Glacier Village Greens. The board postponed the matter until
they were certain that you were aware of the pending change in zoning that is part of the
annexation process. The planning board will take up the matter of a recommendation for
the zoning for this area at their next regular meeting of November 14, 2000.
I am enclosing a copy of the staff report that went to the planning board with a
recommendation from this office that the Glacier Village Greens area be zoned City R-4,
Two Family Residential, and that the property you own be zoned RA-3, Residential
Apartment / Office. The staff report outlines the specific reasons that these zoning
designations are being recommended. Basically, the County R-5, Two Family Residential,
zone currently on the Glacier Village Greens property is very similar to the recommended
City R-4 zone. Your property is also zoned County R-5, but this office would be
recommending a City RA-3 zone which allows a mix of uses that are similar to the City B-1,
Neighborhood Buffer District, that was assigned to your property to the south, Village
Plaza. Also enclosed is a copy of the City RA-3 zoning regulations.
Providing Community Planning Assistance To:
e Flathead County e City of Columbia Falls • City of Kalispell e City of Whitefish
George and Elaine Schulze
October 20, 2000
Page 2
This property is designated in the Kalispell City County Master Plan as high density
residential along Whitefish Stage Road and urban residential along West Reserve Drive.
Our office recommended the RA-3 zoning for your property that is proposed to be annexed
as part of the Glacier Village Greens annexation because we felt that it would provide you
with a high level of flexibility with regard to a mix of residential and commercial uses while
still being in compliance with the master plan. We also felt that this zoning would be a
good complement to the other zoning and uses in the immediate area.
As you are probably aware, the City of Kalispell has reached an agreement with the Glacier
Village Greens Homeowners Association to delay the annexation of the area that includes
Village Greens and your property until November of 2001. Since the City zoning would not
be in effect until the property is annexed, the zoning on this property would not change
until November of 2001. You could request the annexation of your property prior to the
November 2001 if you were interested in further developing the property prior to that date.
There is no fee for the annexation and the issue of zoning would have already been before
the planning board consideration. It would simply be an action by the Kalispell City
Council. I only mention this because you have essentially completed the Village Plaza
subdivision adjoining this property to the south and it is fairly obvious that the property
now has the necessary infrastructure for development. If you were to decide to come in
early with a petition for annexation, that would allow you to develop that property
according to the City RA-3 zoning standards instead of the current County R-5 zoning.
In any event, please review the information I am sending you regarding the proposed City
RA-3 zoning for your property that our office is recommending, and call me if I can answer
any questions for you or if I can be of assistance to you regarding this matter.
Sincerely,
1& /"4, 4 h�z —
Narda A. Wilson
Senior Planner
C: Kalispell City -County Planning Board members
Chris Kukulski, Kalispell City Manager
Encl: as noted above
LETTERS \2000 \SCHULZE. DOC
Glacier Village
Greens
annexation proposal
r4
W. EvergreenDrive
Area proposed for annexation
by city of Kalispell
Current city limits
ABOVE: Village Greens residents Bill
Savage, left; and Bob Cavanaugh discuss
their opposition to the city of Kalispell's
plan to annex their subdivision Monday
afternoon. Savage says the annexation will
force him to license and put seat belts in
his golf cart that he often drives on streets
through the subdivision.
LEFT: The Village Greens neighborhood.
Karen NicholsiDaily Inter Lake
--------------------------------------------------------------------------------
NO 6 SLEwS L9'o7-696 WH iZ:Z? 7�0—^ON
- - - - - - - - - - - - - - - - ------- ---------------------__-_--_p-}--_--__------
=gag
-------------------------- ------- ---------------- `--- -- —
8urpu� -a,c1
Wci L? : 7 I n 41 00—lit—noN
IH0dHE N 0 11DViS''NVH I.
The Daily Inter Lake, Monday, October 16, 2000
Ho-m-wow-n-ers
protest city's
0
annexation
The Daily Inter Lake
The Kalispell City Council
will consider annexing Glacier
Village Greens at its meeting
tonight.
More than 250 residents of
the subdivision have signed
protest forms since Sept. 5,
when the council first
announced its intention to
annex.
"This is simply a way for
Kalispell to receive increased
revenues with no reciprocal
benefit" to' ' Village Green
homeownes, wrote Thomas
and Betty Denham.
"Our current taxes, plus the
fees we pay, total much less
than the taxes we would pay the
city, with no additional benefit
to Village Greens," they said.
The 261 lots in the proposed
annexation area would each
pay about $324 more per year
in taxes and assessments,
according to a city analysis of
the annexation.
The analysis estimates that
$64,947 in property taxes and
another $21,245 in street main-
tenance, storm sewer and
urban forestry fees would be
brought in through the annex-
ation, for total annual revenue
of $86,192.
Costs associated with the
proposal total $77,244, mostly
for additional police, fire and
public works manpower. _
No new staff would actually
be hired until future, citywide
growth dictates it, the analysis
said.
Given that the subdivision
developers waived the right to
protest annexation when they
accepted sewer service from
Kalispell, the homeowner
protests carry no legal weight.
However, "to avoid an
unnecessary legal battle," the
city and the Village Greens
homeowners' association
recently reached a compro-
mise.
"In exchange for not filing
legal action against the city,
the city has agreed to make the
annexation effective Nov. 1,
2001 (2002 tax year)," Kalispell
City Manager Chris Kukulski
said in a letter to the council.
"We're also obligating our-
selves to accept the streets into
our transportation system."
The compromise means that
the city would not begin col-
lecting tax revenue until
November 2002, Kukulski said,
and no police, fire or road ser-
vices would be provided until
November 2001.
The council meeting begins
at 7 p.m. in the City Hall coun-
cil chamber.
The Daily Inter Lake, Tuesday, October 17, 2000
i City annexes
By WILLIAM L SPENCE
The Daily Inter Lake ,
The Kalispell City Council
voted 8-1 Monday night to
annex the Glacier Village
Greens subdivision.
It is the first of a series of
annexations planned by the
city, according to Kalispell
City Manager Chris
Kukulski.
Areas that are adjacent to
the city limits, or wholly sur-
rounded by the city, and that
are connected to Kalispell's
sewer or water systems, are
being considered for incorpo-
ration into the city, said
Kukulski in an interview
prior to council meeting.
Other" areas :being looked
at, he said, include the North
Haven Heights and Green
Acres subdivisions, and
Evergreen.
The council announced
Sept. 5 that it intended "to
annex 110 acres in the
Village Greens subdivision,'
of dbo4i 251 homes Tlie.�a
is served by city sewer ser- '
vices r r
More than i% residents '
k'.
had sighed protest forms
since'the September meeting,.,
but only one homeowner
showed up Monday to protest,
the council's action. •.= f
"I find it troublesome that
you have the audacity toy `
extend your jurisdiction over
people who don't want to be
governed by Kalispell," said
John Pratt.
_:� - '. a e,.Greens
"If you don't have 4he con- .
sent of the governed, then ;
how can you govern?" he
asked. "This is a Milosevic
tactic — you're forcing your
will on people who don't
want to accept it."
Noting that the Nov. 1,
2001, effective date of the
annexation was too late for
Village Greens residents to
register to vote in the next
city council elections, Dale
Haarr — the only council
member to oppose the annexa
tion — moved to change the
effective date to Oct. 1.
"Just so there's no taxation
without representation," he
said. -
The motion failed because
no one seconded it.
Citing taxation without full
pare" atfon,�Kaspell
pa.
nessnian,l3ill Ggpdman spoke
in favorof the annexation.
."I.believe n equitable tax-
ation," ation," Goodman said'.
"There are people living out-
side the'city who certainly
"Autilize city services: People
in the city are carrying a
1� greater '(tax) load than they
should because the load isn't
"being shared. I'd ask.the
-council to look atmore
annexations." '
Expecting people to pay
their fair share of city -taxes
in exchange1orsewer.; and
water service is'just common
sense, noted councilman Jim
Atkinson.
"I represent the citizens of
Kalispell," -Atkinson said.
"As long as I do, I'll ask the
people who want services
from the city to pay for
them." '
The council, also held a'
public hearing M' onday
regarding a recommendation
to increasing city sewer and
water rates,°and adding a
meter. rep1a6einent fee.
The 1ast.time"rates were
raised was in 1991, according
to Public'Works Director Jim
Hanq.* Operating costs have
increased substantially since
then, so'revenues '`longer
cover,the`cost of providing
service
One person spoke ,against
the proposal
The council approved reso-
lutions adopting a 10 percent
increase; ' effedive'Jan. 1.
Water, rates vyill rise;l3
cents per 1,006gallons, from
$1.26 to $1.39. Sewer rates
will increase by 30 cents per
1,000 gallons, from $2.98 to .,
$3.28
Those rates ' apply to city
residents only. Users located
outside of Kalispell city
boundaries pay 1.25 times the
in -city rates.
GLACIER VILLAGE GREENS
ANNEXATION
, ZONING STAFF REPORT , ,.
REGIONALFLATHEAD
The City of Kalispell has initiated annexation proceedings for Glacier Village Greens and
adjoining property to the west. A public hearing has been scheduled before the
Kalispell City -County Planning Board and Zoning Commission for October 10, 2000,
beginning at 7:00 PM, to consider appropriate zoning for the area proposed to be
annexed. The Planning Board and Zoning Commission will forward a recommendation
for appropriate zoning to the Kalispell City Council for consideration.
The City of Kalispell has initiated the annexation of approximately 110 acres of
primarily residential property located northeast of Kalispell under Section 7-2-4300,
M.C.A., Annexation of Contiguous Lands. On September 23, 1996, the Kalispell City
Council passed Resolution 4581, a resolution of intent to annex. A public hearing date
of October 10, 2000 has been set so that the board might consider appropriate zoning
for the area.
Annexation proceedings for this area were initiated in response to the desire of the
Kalispell City County to bring in properties connected to City water and/or sewer
services but not annexed. The properties proposed for annexation are receiving water
from the Evergreen Water District and sewer service through the Village County Sewer
District. The Village County Sewer District has an agreement with the City of Kalispell
which has a provision for annexation of the properties into the city of Kalispell. The
Kalispell City Council has identified this area as one of the areas that should be brought
into the city because they are receiving City services.
A. Petitioner: City of Kalispell
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903
(406)758-7700
B. Location and Legal Description of Property: The property proposed for
annexation is located in the southeast part of Kalispell and contains
approximately 110 acres. A property description is attached as Exhibit A.
C. Existing zoning: The properties proposed for annexation are in the County
zoning jurisdiction and are in the Evergreen and Vicinity Zoning District. All of
the properties proposed for annexation are currently zoned R-5, Two Family
Residential. This district is defined as "A residential district with minimum lot
areas. Development within the district will require all public utilities and all
community facilities. Duplexes are allowed in this district." Permitted uses in
1
this district are generally limited to residential uses. The conditionally permitted
uses allow some non-residential uses but those are limited to churches, daycare
centers, mini and RV storage, RV Parks and campgrounds and golf courses. The
minimum lot size requirement of the County R-5 zoning district is 5,400 square
feet.
D. Proposed Zoning: A City zoning designation will need to be assigned to the
properties intended to be annexed to replace the current County zoning. All of
the properties in the area to be annexed currently have a residential zoning
designation of R-5, Two Family Residential, that allows single family homes and
duplexes and golf courses as a conditionally permitted use. The Kalispell City
County Master Plan map designates this area as Urban Residential which
anticipates a density of two to eight dwellings per acre. Staff is recommending
substantially the same zoning for the Glacier Village Greens development that
would be found under a City R-4, Residential, zoning designation. This district
lists duplex and single family dwellings as permitted uses and lists golf courses
as a conditionally permitted use. Under the City R-5 zoning designation, the
district is a described as a Residential / Professional Office district. This district
allows a number of non-residential uses including clinics, professional and
government offices, title companies, etc., but does not list golf courses as either a
permitted or conditionally permitted use. For these reasons the City R-4,
Residential, district more closely reflects the existing and intended uses for
Glacier Village Greens than does the City R-5, Residential / Professional Office.
The adjoining property to the east contains approximately 15 acres and is
currently undeveloped with the exception of a residence. This property currently
has a County R-5, Two Family Residential, zoning designation. The southwest
portion of this property was recently annexed into the city along with the
preliminary plat for Village Plaza subdivision. The Kalispell City -County Master
Plan map designates the area of Village Plaza as Neighborhood Commercial
which is defined as an area intended to serve residents within a half to three-
quarter mile area and should not exceed five acres in size. Village Plaza was
given a B-1, Neighborhood Buffer District, upon annexation. The subdivision
contains approximately six acres including the road and development is
underway and near completion.
The Kalispell City -County Master Plan map designates the area along Whitefish
Stage Road between Village Plaza and the residential subdivision to the north as
High Density Residential. The remaining area of the property to the east is
designated as Urban Residential. The staff is recommending that the zoning for
this approximately 15 acres be given a zoning designation of RA-3, a Residential
Apartment Office district. This district lists duplex and single family dwellings as
permitted uses as well as clinics and professional and government offices.
Conditionally permitted uses include multifamily dwellings, drive in banks and
other limited residential and non-residential uses. The minimum lot size
requirement of this district is 7,000 square feet plus 1,500 square feet for each
additional dwelling beyond a duplex. The recommended RA-3, Residential
Apartment / Office, zoning would allow a mixed use area that appears to provide
a reasonable transition between the neighborhood commercial to the south, the
church uses to the west and the residential uses to the east.
E. Size: The area proposed for annexation and zoning contains approximately 110
acres.
F. Existing Land Use: The land use in the area is primarily single family residential
along with some duplex townhomes. The golf course and clubhouse are part of
the Glacier Village Greens development, but are not part of the area proposed for
annexation.
G. Adjacent Land Uses and ZoninIM
North: North of the area proposed for annexation is the Glacier Village Greens
golf course and single family residential. The golf course is part of the County R-
5 zoning designation for the development. Zoning to the north is County R-5,
Two Family Residential, and County RA-1, Low Density Apartment along
Whitefish Stage Road.
South: To the south the area is also single family residential with the Hillcrest
Estates subdivision. This area is zoned County R-2, One Family Limited
Residential, and R-1, Suburban Residential. There is also a church on the
southeast corner of West Evergreen Drive and Whitefish Stage Road.
Ea.st: Land uses to the east are primarily single family residential and larger
parcels with primarily R-1, Suburban Residential zoning.
West: To the west is the Buffalo Stage development which is in the city and has
a zoning designation of City RA-1, Low Density Residential Apartment. However,
this development consists mostly of single family dwellings and a few duplex
townhomes. Also in the city to the west and zoned City RA-1 is a church. There
is also the Buffalo Stage Professional Park which is zoned City R-5, Residential
Office and is a medical office complex that has not yet been completed. Edgerton
School is in the County and is zoned RA-1.
H. General Land Use Character: The general land use character of this area can
be described as primarily residential, but with some non-residential uses that
would generally be considered support services such as the church and school.
The office uses have developed in the area over the past several years.
Public services can be provided to this site. A separately prepared "Extension of
Services Plan" discusses the provision of public services to this property and is attached
to this report as Exhibit A.
3
I. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
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.
The property proposed for annexation is included in the Kalispell City -County
Master Plan. The master plan map designates the Glacier Village Greens area as
Urban Residential. The adjoining property to the west is designated on the plan
map as Urban Residential to the east and High Density Residential along
Whitefish Stage Road. Staff is recommending that the Glacier Village Greens area
be given a City zoning designation of R-4, Two Family Residential, and the
approximately 15 acres to the east as RA-3, Residential Apartment / Office. The
recommended zoning designations are in substantial compliance with the master
plan for the area.
•' -• -•V7014T.Werm ••-• • -• •••- •• • •- --
Some change may be anticipated with the change in zoning to increase
congestion in the street specifically with regard to future office and multifamily
development. However, the uses would be generally consistent with that which
have been anticipated in the area. It maybe noteworthy that Whitefish Stage
Road is anticipated for an overlay between Idaho and West Reserve Drive.
No features on the property exist which would compromise the safety of the
public. Any new construction would be required to be in compliance with the
building safety codes of the City which relate to fire and building safety.
Adequate access is available to accommodate emergency vehicles and life safety
equipment.
11
a]
E
lei
7
10
RVAIMITIZ - • - - • • • - • • •• • • - • - . GIFIreres• - • - -
The proposed zoning classifications will promote the health and general welfare
by helping to promote the goals of the master plan for the area and encouraging
compatible uses in the area.
LTATAIMSTa-• 3 .ME - •• .•• .
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.
The proposed zoning designations attempts to direct development of residential,
office and commercial uses in appropriate areas. Thus, the proposed zoning
attempts to prevent the overcrowding of land.
Minimum lot standards and use standards, as well as subdivision development
standards, will avoid the undue concentration of people at the time future
properties are developed.
All public services and facilities are currently available or can be provided to the
property. The extension of speck services to the area are further addressed
under the Extension of Services Plan, Exhibit A.
The proposed zoning designations are generally consistent with the land use
designations of the master plan and with the existing uses that have developed
in the area. The zoning gives adequate consideration to the suitability of the land
proposed for zoning.
R•- •- -• -• ••- a ••.� - •• •- • • •- •. - • •-
keemnatol
The general character of the area is primarily single family residential with a mix
of noncommercial supporting uses such as the churches, school and
neighborhood commercial under development. The proposed zoning has
attempted to create a separation of incompatible uses by retaining a residential
5
designation for the Glacier Village Greens area and allowing more intensive uses
on property to the west which is separated by a bluff. The more intensive uses
would be located on the corner of Whitefish Stage Road and West Evergreen
Drive and appear to be appropriate for the area which has churches, a school
and some offices in the area.
•- . •• -• ••- .• -. - •- - • • . • ••
Value of the buildings in the area will be conserved because the proposed zoning
attempts to accommodate existing uses and providing the zoning that would
accommodate the intended uses for the area in the future.
The proposed zoning is in substantial compliance with the Kalispell City County
Master Plan and is intended to reflect the goals for the municipality as well as the
immediate community.
The recommended zoning for the Glacier Village Greens area attempts to zone the area
in compliance with the existing and intended uses for the area. A somewhat detailed
extension of services plan accompanies this report in attached Exhibit A which outlines
which specific services will be provided by the City and how the financing of those
services is proposed.
It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt Staff Report #KA-00-7 as findings of fact and forward a
recommendation to Kalispell City Council to adopt the zoning as shown in the attached
Exhibit B upon annexation into the City of Kalispell.
H: \REPORTS\... \KA00-7
A
RESOLUTION NO. 4551
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 43, M.C.A.
(ANNEXATION OF CONTIGUOUS LAND), COMPRISING PLATTED TRACTS OF LAND AND
UNPLATTED LAND THAT HAS BEEN SURVEYED FOR WHICH A CERTIFICATE OF SURVEY
HAS BEEN FILED, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO BE
DESIGNATED AS GLACIER VILLAGE GREENS ADDITION NO. 295, AND DIRECTING
THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW.
WHEREAS, in the judgment of the City Council of the City of
Kalispell, Montana, it is in the best interest of the City
of Kalispell and the inhabitants thereof, that the
contiguous platted tracts and unplatted land that has been
surveyed and for which a certificate of survey has been
filed, as required by law, encompassed in Exhibit "A"
attached hereto and for purposes of this Resolution made a
part hereof, be annexed to the City of Kalispell, so that
the boundaries of the City of Kalispell would be extended
so as to include the same within the corporate limits of the
City, to zone said property in accordance with the Kalispell
Zoning Ordinance, Ordinance No. 1175, as amended; and
WHEREAS, on the 6th day of November, 1995, the City Council adopted,
pursuant to Title 7, Chapter 2, Part 47 Montana Code
Annotated, an Extension of Services Plan which anticipated
development of City services approximately five years in the
future, said Plan being amended on the 1st day of March,
1999, and
WHEREAS, the City Council shall, prior to annexing said property,
cause to be developed a "mini -extension" of services plan
for the territory described in Exhibit "A", and proposed by
this Resolution to be annexed, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission shall on the loth day of October, 2000, hold a
Public Hearing, pursuant to 27.03.010, Kalispell Zoning
Ordinance, to recommend zoning for the territory described
in Exhibit "A" in accordance with the Kalispell Zoning
Ordinance, in the event the territory is annexed to the
City, and
WHEREAS, the City of Kalispell desires to annex the property to the
City limits under the provisions of Title 7, Chapter 2, Part
43 Montana Code Annotated (Annexation of Contiguous Land).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That it is the intention of the City of Kalispell
that certain territory described in Exhibit "A",
be embraced within the corporate limits of the
City and the boundaries of the City be so
extended so as to include the same.
SECTION II. That it is further the intention of the City of
Kalispell that said property described in Exhibit
"A" be zoned in accordance with the Kalispell
Zoning Ordinance, Ordinance No. 1175, as amended.
SECTION III. The City Clerk shall forthwith prepare and
publish in the Daily Inter Lake, a daily
newspaper published at Kalispell, Montana, proper
notice of this Resolution of Intention at least
once a week for two successive weeks next
preceding the regularly scheduled Council meeting
at which said Annexation will be considered; and
give said notice in writing, addressed to all
registered voters in the territory proposed to be
embraced.
SECTION IV. For a period of twenty days after the first
publication of said notice by the City Clerk,
said City Clerk will receive expressions in
writing of the approval or disapproval of the
proposed extension of the boundaries of said City
of Kalispell from the registered voters residing
in the area proposed to be annexed.
SECTION V. At the regularly scheduled meeting of the City
Council of the City of Kalispell, next succeeding
the expiration of said twenty days, the City
Clerk shall forward all written communication
received by said Clerk for Council's
consideration.
SECTION VI. The City Council, after considering all written
communication, may adopt a resolution approving
the annexation and the boundaries of the City
shall thereby be extended to include the property
described in Exhibit "A".
PASSED AND APPROVED BY THE CITY
CITY OF KALISPELL, THIS 5TH DAY
Attest•
heresa White
City Clerk
COUNCIL AND SIGNED BY THE MAYOR OF THE
OF SEPTEMBER, 2000.
-Bahar*i a
Wm. E. Boharski
Mayor
Exhibit A
Page 1 of 4
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SE1/4 & SW1/4 SEC. 32, T.29.N., R.21W., P.M., M., FLATHEAD CO.
MONTANA
�\ AMENDED PLAT
LOT II, GLACIER VILLAGE GREENS, PHASE I
A
SUBDIVISION
IN THE SE1/4 & SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
LOTS 1, 82 and 83
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SE1/4 & SW1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE II
A SUBDIVISION
IN THE SE1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY,
MONTANA
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1 /2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
AMENDED PLAT OF
LOTS 70 & 71
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R 21 W., P.M., M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE III A
A SUBDIVISION
IN THE S 1 /2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
Exhibit A
Page 2 of 4
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION
IN THE El/2SW 1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
OF
LOT 127
OF THE PLAT OF
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION IN THE
E1/2SW1/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IV
A SUBDIVISION
IN THE W 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE V
A SUBDIVISION
IN THE NWl/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
Homeowner's Park A of Glacier Village Greens, Phase III
Lots 160, 216 and the Homeowner's Park of Glacier
Village Greens, Phase IV
IN THE W 1/2SW 1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE VIII
A SUBDIVISION
IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
Exhibit A
Page 3 of 4
AMENDED PLAT OF
LOTS 1 &2
GLACIER VILLAGE GREENS, Phase VIII
A SUBDIVISION
IN THE NWl/4SE1/4 SEC. 32., T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., PM.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE X
A SUBDIVISION
IN THE NW 1/4SE 1/4 SEC. 32, T.29N., R.21 W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
91
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE
SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5,
N89 ° 55'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known
as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W
1146.61 feet to a found iron pin; Thence leaving said R/W N89°59'45"E 213.61 feet to a
found iron pin; Thence NO 1 °24'27"W 207.48 feet to a found ironpin; Thence S89°55'59"W
10.00 feet to a found iron pin; Thence NO2 °24'36"E 411.97 feet to a found iron pin; Thence
N20008'33"E 100.12 feet to a found iron pin; Thence N18°30'04"E 223.97 feet to a set iron
Exhibit A
Page 4 of 4
pin; Thence N79 °37'27"E 71.92 feet to a found iron pin; Thence S 17 ° 13'41 "W 261.53 feet
to a found iron pin; Thence S02 °42'43 "W 225.00 feet to a found iron pin; Thence
S01 047'43"W 235.46 feet to a found iron pin; Thence S03 °46'45"E 138.54 feet to a found
iron pin; Thence S21 ° 10'50"E 104.45 feet to a found iron pin; Thence S45°28'25"E 169.53
feet to a found iron pin; Thence S40°10'29"E 138.50 feet to a found iron pin; Thence
S70042'43"E 137.36 feet to a found iron pin; Thence S44024'19"E 294.91 feet to a found
iron pin; thence S25°07'53"E 185.26 feet to a found iron pin; Thence S28°32'15"E 216.19
feet to a found iron pin; Thence S89°54'39"W 370.00 feet to a set iron pin; Thence
S00°05'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence
along said boundary S89°55'09"W 701.12 feet to the point of beginning and containing
21.606 ACRES; Subject to and together with all appurtenant easements of record.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
Commencing at the northwest comer of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north
boundary of said Section 5, S89°5738"E 30.00 feet to a found iron pin on the easterly R/W
of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said
easterly R/W N00°03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W
N89 ° 57'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave
southwesterly, having a central angle of 45°03'00"; Thence along an arc length of 141.53
feet to a set iron pin; Thence S45°00'00"E 241.23 feet to a set iron pin and the P.C. of a
180.00 foot radius curve, concave southwesterly, having a central angle of 44 ° 53' 10";
Thence along an arc length of 141.01 feet to a set iron pin; Thence S00°06'50"E 222.78 feet
to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen
Drive and the north boundary of Section 5; Thence along said R/W and along said north
boundary N89 °57'38"W 588.20 feet to the point ofbeginning and containing 6.826 ACRES;
Subject to and together with all appurtenant easements of record.
�.. -/ III.
No. 3961
NOTICE 05 PUBLIC
HEARING t ---
KALISPELL CITY -
COUNTY . PLANNING
BOARD AND „ZONING
COMMISSION '" ';
Glacier Village Greens
Annexation and Initial Zon-'
Dietieit Zone Change'
from R-3 to R-5 — North
Meridian Road
Day Care Center in RA-
3 — Airport Road
Carver Annexation and
initial Zoning of 1-1 = Kelly
Road r
DIV IA Annexation and
initial Zoning of B-1 —
Woodland Park Drive
Buffalo Stage Phase V
Annexation and Initial Zon-
ing of FiA-1
The regular meeting of
the Kalispell City -County
Planning Board and Zon-
ing Co Mission is
uted for Tuesday,`October,
10, 2000 beginning at 7:00
PM in the -Kalispell City
Council Chambers, Kalis-
pell City Hall, 312 First
Avenue East, Kalispell.
During ;the ;;;regularly
scheduled -meeting of tie .
planning board,`the board
will hold public hearings
and take public comments
on the following agenda
items.. _The board wIII
make ��rm6ndatidn
to the Ka4, ''ty Coun-
cil who wilt take flnat ac-'
tion:
1. A proposal by the
City of KaIRpeI1 for the an-
nexation of Glacier Village
Greens and adjoining
property to the west. The
Kalispell City Council has
passed a resolution of in-
tent to annex platted sub-
divisions within the Glacier
Village Greens develop-
ment and property to the
west. As part of the an-
nexation process, a public
hearing is held before the
planning board regarding
the appropriate City zoning
assignment for the proper-
ties proposed for annexa-
tion and they will make a
recommendation to the
Kalispell City Council. The
properties proposed for
annexation can be gener-
ally described as Asses-
sor's Tract 5 and Phases I
through X. including the
amended subdivision plats
and common areas within
the platted subdivisions,
but excluding Phase VII,
the clubhouse and golf
course. These properties
are located in Section 32,
Township 29 North, Range
21 West, P.M.M., Flathead
County, Montana.
2. A request by Dana
and Krista Diebert for a
zone change from R-3, a
Residential zoning, to R-5,
a Residential / Professio-
nal Office zoning district.
The proproposed for
rezoning is on the
west side of North Meridi-
an Road approximately
600 feet south of Three
Mile Driver The applicants
would like to convert the
existing residence into of-
fice space. -The property
is located at 1070 North
Meridian Road and con-
tains approximately .33 of
an acre (15,000 square
feetf. it can be described
as tot 4, Block 1, Adams
Addition located in Section
12, Township 28 North,
Range 21 West, P.M.M.,
Flathead County, Monta-
na
3. A request by Wayne
and Suzanne Elliott for a
conditional, use permit to
allow the operation of a
day care center in an RA-
3, High Density Residen-
tial Apartment, zoning dis-
trict. The day care center
would accommodate a
maximum of 36 children.
The property proposed for
the day care center is lo-
cated on the west side of
Airport Road approximate-
Iy 100 feet south of 18th
Street West and the ad-
dress is 1818 Airport
Road, Kalispell. It can be
described as Lot 1, Purdy
Addition located in Section
19, Township 28 North,
Range 21 West, P.M.M.,
Flathead County, Montana
4. A request by Dennis
Carver for annexation into
the City of Kal4d and an
initial zoning designation
of 1-1, Light Industrial, on
approximately one acre.
The property lies on the
north side of Kelly Road,
approximately 800 feet
east of Highway 93 South.
The property is currently in
the County zoning jurisdic-
tion and is zoned I-1, Light
Industrial. The purpose of
the annexation is so that
the property owner can
connect to City water and
sewer services for a pro-
posed shop and office
building intended for the
property. -The property
can be described as As-
sessor's Tract 70F located
in Section 20 Township
28 North, Range 21 West,
P.M.M., Flathead -County,
Montana.
5. A request by Frank
DiVita for annexation into
the City of Kalispell and an
initial zoning designation
of B-1, Neighborhood Buf-
fer District, on an approxi-
mately 9,000 square feet
parcel. The property lies
on the northeast comer of
Woodland Park Drive and
Shady Glen Drive. The
property is currently in the
County zoning jurisdiction
and is zoned B-t,.Neigh-
borhood / Professional
Business. The purpose of
the annexation is so that
the property owner can
connect to City water and
sewer services for an artist
studio intended for the
property. 'The property
can be described as Lot 9,
and the south 25 feet of
Lot 8, Block 1, Philip Ad-
dition, located in Section 8,
Township 28 North, Range
21 West, P.M.M., Flathead
County, Montana.
6. A request by Buffalo
Chip Partners for annexa-
tion `of Suffatc' Stage
Phase Vuinto,ft City of
Kalispell acid an initial zon-
ing designation of RA-1,
Low Density Residential
Apartment. This is the fi-
nal phase of Buffalo Stage
Subdivision and it contains
36 lots on approximately
11.61 acres and is located
on the west side of White-
fish Stage Road south of
Granrud Lane. This prop-
erty is in the Evergreen
and Vicinity Zoning District
and is zoned RA-1, a Low
Density Residential Apart-
ment zoning district. This
subdivision is served by
Kalispell sewer and Ever-
green water. The property
can be described as Buffa-
lo Stage Phase V located
in Sections 31 and 32,
Township 29 North, Range
21 West, P.M.M., Flathead
County, Montana.
Documents pertaining to
these agenda items are on
file for public inspection in
the Flathead Regional De
velopment Office, 723 Fifth
Avenue East, Room 414,
Kalispell, MT 59901, and
are available for public re-
view during regular office
hours.
Interested persons are
encouraged to attend the
hearings and make their
views and concems known
to the Board. Comments
in writing may be submit-
ted to the Flathead Re-
gional Development Office
at the above address prior
to the date of the hearing
or you may contact Narda
Wilson, Senior Planner, for
additional information.
Thomas R. Jeniz
Planning Director
September 24, 2000
City of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 - Telephone (406) 758-7700 • FAX (406) 758-7758
REPORT TO: Honorable Mayor and City Council
FROM: Chris A. Kukulski, City Manager
SUBJECT: Resolution of Intention to Annex the Glacier Village Greens Area, Northeast
of Kalispell, Contiguous to Whitefish Stage and West Evergreen Drive
MEETING DATE: September 5, 2000
BACK GROUND: In response to direction that was given at the August 28th Council work
session, we have prepared the attached Resolution of Intention to Annex Glacier Village Greens,
Phases I, II, III, IIIA, IIIB, IV, V, VIII, IX, X and Tract 5 which is located in NW 1/4 and SW 1/4
of the SW I/4 of Sec. 32, T29N, R21 W. Because there is not a Certificate of Survey on record for
the golf course, I recommend that we hold off on this portion of the annexation until a later phase
of the development. This decision also removes Phase VII and the club house site because they will
no longer be contiguous to the proposed annexed property.
I have added those issues which were brought up during our work session, along with the results my
meeting with the Glacier Village Greens Homeowner's Association Tuesday evening. I've also
committed myself, Frank Garner, Ted Waggener and Jim Hansz to attend the Glacier Village Greens
Annual meeting which will be held September 12th.
In 1982, the City entered into a Sewer District Connection Agreement with the North Village Sewer
District (Glacier Village Greens Development). Paragraph eleven of the Agreement is as follows:
11. The District by this agreement waives the right to protest annexation to the City of
Kalispell, on all or any part of the District, provided, however, that the City shall not initiate
annexation procedures under Section 7-2-4312 until development within the portion to be
annexed reaches 80% of the approved plan development of the area to be annexed.
Section 7-2-4312. Reads as follows:
Section 7-2-4312. Resolution of intent by city or town — notice. When, in the judgment ofany
city or town council, expressed by a resolution that is passed and adopted, it is in the best
interest of the city or town and the inhabitants of any contiguous platted tracts or parcels
of land or unplatted land for which a certificate ofsurvey has been filed that the boundaries
of the city or town be extended to include the platted tracts or parcels of land or unplatted
land within the corporate limits of the city or town, the city or town clerk shall:
Page 1 of 6
(1) immediately notify, in writing, all registered voters in the territory to be embraced;
and
(2) cause a notice to be published in the newspaper published nearest the platted tracts
orparcels of land or unplatted land for which certificate ofsurvey has been filed, at least
once a week for 2 successive weeks.
Furthermore, paragraph eighteen of the Agreement states the following:
18. No owner of any parcel of land within the District shall be allowed to hook-up to, or to
contribute to the flow of the sewer main connected to the City's Sewage Treatment System
unless and until said owner has furnished to the City a waiver of right to protest annexation
In Addition to the Agreement, each of the 276 parcel owners have been aware of their "waiver of
right to protest annexation" in two ways. First, 274 of the property owners were notified through
the Covenants that are attached to their deed. Second, Consents to Annex and/or Petitions to Annex
have been signed on Phases I, II, IIIA, IV, VII, IX, and X of the development. For some unknown
reason Phases III, IIIB, V and VIII (88 of 276 total lots did not sign petitions) Therefore, it is
conclusive that the property owners were sufficiently aware of the City's intention to annex Glacier
Village Greens. This opinion is further strengthened by the recent ruling in the Whitefish
annexation case.
What is the impact to the City in providing services to Glacier Village Greens? Currently, Glacier
Village Greens has 276 residential lots. Of the 276 lots approximately 225 have single family homes
or condominiums. By removing the golf course and phase VII from the proposed annexation we are
only removing one house and 16 vacant lots. The Dept. of Commerce estimates that there are 2.7
occupants per household within the US, however, because of the demographic make-up of Glacier
Village Greens we would suggest that it is closer to 2.0 per house hold. This gives us a range of 450
to 600 residents within the development. After discussing this estimate with the Association we feel
strongly that 450 is a good estimate. It was indicated during our conversations that there are a
number of single occupant properties. See the attached location map and plat map of the
development.
The following is a description of services the City of Kalispell will provide the residents of Glacier
Village Greens development upon annexation.
Police Coverage - In preparing the plan we examined the call -load ratio for the region, the
demographic features, the population base and the inherent architectural features related to
safety.
We analyzed the call -load ratio for the area from our records and those of the Flathead
County Sheriff's Office to help determine a calls -for -service need. This area is in our zone
number 4 which generally runs north of US-2 and east of Main Street. Zone 4 is the lowest calls -
for -service area in the city with approximately 1400 calls per year. The Flathead County Sheriffs
Office indicated the calls -for -service in the area was very low.
The subdivision is flanked on the east by Stillwater River and on the west by steep ridges.
The area has only two access roads on the south side of the property with fencing between the
ridges and the river. The area receives very little transient traffic that is not connected to the golf
Page 2 of 6
operation because there are no through avenues. The subdivision is well lit and the homes are
in close proximity to each other. These features suggest that there will be a very low law
enforcement caseload. There is some floodplain concern that would require law enforcement
services if a flood required an evacuation of the area.
In conclusion, the low calls -for -service ratio of the area, along with the absence of a
significant call load in the subdivision, suggests that the demand on our services will be low. The
demographic profile of the area, that of adult middle income families, is generally one with a low
calls -for -service profile.
The population numbers suggest that the area will require approximately .8 officers based
on the low population estimate of 450 residents. That figure is based on the "Law Enforcement
in Montana" survey which rates law enforcement ratios in cities of our size in the state at 1.8
officers per 1000 residents. (x/450 residents = 1.8/1000 residents). We must also anticipate
some impact on our dispatch services that will require that we budget additional money for part-
time staff. We also anticipate a very small caseload on our animal warden services.
It is our opinion that we can extend services to this area without the addition of any
employees through increased efficiency and zone response. We feel we can generally provide
excellent service to the area because of its proximity to existing service areas and the inherent
low calls -for -service overall profile of the area. We must stress that the cumulative affect of
annexations such as these will result in a need for additional full-time staff and proportional
funding for support staff.
Fire/Ambulance Coverage - The Kalispell Fire/Ambulance Department made an inspection
of Glacier Village Greens Subdivision in order to determine the impact annexation would have
on the fire department. Our present manpower to population ration is 1 fireman per 800
population. Consequently, this annexation would cause the fire department to require 0.56
fireman based on the 450 estimated residents.
The distance from our station to the last house in this subdivision is 3.8 miles. We estimate
our response time at six to seven minutes. There are currently 23 fire hydrants for the Evergreen
Water Department in this subdivision. We are charged $60 per year rent on these hydrants, so
that would be a cost to our budget of $1380 per year. We have served this subdivision since it's
beginning with our E. M.S. System.
It is our opinion, that since we already serve this area with E. M. S., and since it is a new
subdivision built to current building and fire codes, the run volume for fire should be quite low.
We would like to point out, however, that this subdivision is on the Northeast edge if our city
limits, where a substation is a consideration at this time. We would not propose hiring additional
manpower as a result of this annexation, however, the cumulative effect of growth and
annexation will create a demand for additional manpower in the future.
I am working with the Department of Revenue to accurately calculate the annexation's
impact to the Evergreen Rural Fire District. I am also working to find out how the over all
growth in Evergreen has impacted the department's revenue. I will be meeting with Chief
Yerkes of the Evergreen Volunteer Fire Department Friday afternoon. I am optimistic that a
positive relationship can be developed however, I know from experience that this will not happen
overnight.
Public Works - Our review of the street system is based on the assumption that the Homeowners
Association would want to dedicate the streets to the City. This is not required, and is a separate
Page 3 of 6
action from the annexation that must be taken by the Association and the City council. I would
recommend that we accept the streets if asked by the Association. Streets are in generally good
condition and appear to meet the City's standard cross section with curb and gutter. The first
phase portion of Nicklaus Drive is the exception. It is constructed to the City's alternate cross
section design that does not include curb and gutter. The other exception is that sidewalks have
not been installed in the development. The condition of the streets appears to be good with no
obvious deficient areas. It is our opinion that overlay is not needed, but that the streets should
be placed into the regular maintenance program to be chip -sealed as soon as possible in order
to maintain their good condition for as long as possible. We would further recommend
improving Nicklaus Drive (phase I) to add curb and gutter to match the rest of the development
and improve drainage. It is my understanding, per my conversation with the homeowners
association president, that the developers have a responsibility to upgrade Phase I. At the time
of the memo I was not able to verify this obligation.
Storm drainage facilities have been installed and there are no obvious deficiencies. Potential
catch basin and piping improvements may be needed if curb and gutter is added to Nicklaus
Drive in order to ensure proper function of the system.
Evergreen Drive from Whitefish Stage Road to the Whitefish River is a County maintained
road. It appears to be in generally good condition and appears to meet County standards. There
are no obvious immediate improvements needed for this section of Evergreen Drive that would
place a burden on City resources. Because our sewer line is not within the Evergreen Drive
right-of-way I am not advocating that we annex any portion of Evergreen Drive at this time.
It is difficult to determine the personnel requirements to serve this area. Routine snow
plowing is the greatest obligation. This would add about six man-hours of workload per event.
Sweeping would impose a somewhat smaller burden of approximately four man-hours per event.
Other road maintenance would be fitted into the current schedule as necessary. Water
maintenance is done by Evergreen. There would be no changes in sewer system maintenance
because this is being done at present by the City. Storm drainage maintenance is estimated to be
nominal and not of significant impact.
We were able to identify a statistic that identified the need for 2.5 public works employees
for every 1,000 residents in order to perform ALL public work responsibilities (streets, water,
sewer, solid waste, storm sewer, support staff etc.) Utilizing this figure, you would estimate the
need in public works to be approx. 1.1 employees, however, as I mentioned above we already
provide sanitary sewer, water is Evergreen's, solid waste is a minimum of five years out and so
we are estimating an overall impact of 0.5 employee.
Sewer Service - Sewer system facilities are reasonably new and were installed to Montana
standards. They are currently the property of North Village County Sewer District. We have a
contractual arrangement with North Village to operate and maintain the facilities and will
become owner of the facilities when bonds for construction have been paid. There are no
apparent infrastructure needs for this system and annexation will involve no changes to City
operations.
As a result of the annexation, sewer users will no longer have to pay the out -of -city sewer
rate which is 25% higher than the in -city rate. This will save each user approx. $50 per year and
cost the sewer fund approx. $11,250.
Water Service - Water system facilities are reasonably new and were installed to Montana
standards and are the property of the Evergreen district. There would be no obligation on the City
to operate or maintain this system. This is identical to the situation in Buffalo Stage where the
development is in the City but water is provided from Evergreen facilities.
Page 4 of 6
Solid Waste (Garbage Collection) - The City will not provide solid waste disposal services to
the annexed area for a minimum of five years, consistent with the provision of 7-2-4736, M.C.A.
Parks - There are no publicly owned parks within the Glacier Village Greens development. The
developers chose to meet their parkland requirements by designated their park areas as
homeowners association parks, green space and open areas. Therefore, the City will have no
additional service commitment as a result of the annexation. After discussing this issue with the
Association I would be surprised if the City is asked to consider making them public. I would
be reluctant to accept the parks as public city parks if asked by the Association. I believe that
making them public parks would neither be in the best interest of the City nor the residents living
within Glacier Village Greens.
Recreation - Residents within Glacier Village Greens are currently eligible to participate in any
of the City's recreational programs. Therefor, the only impact pertaining to recreation is that the
participating residents will no longer have to pay the higher "out of city" fee. This is expected
to have an extremely minimal effect on recreation fees.
Urban Forestry - Public right-of-ways are 60 feet within the development. This offers ample
space for boulevard trees. Glacier Village Greens will be prioritized with all other
neighborhoods within the City for both the planting of new trees and the maintenance of their
current boulevard trees.
What tax revenue will be derived by the annexation? The Glacier Village Greens development will
generate $64,947 in general tax revenue based on 1999 assessment numbers (Dept. Of Revenue
spreadsheet). Of the 259 lots within the development, the majority are 65' x 100' equating to 6,500
sq. ft. There are a number of lots that are smaller, and some that are larger, but for purposes of
estimating I utilized the average size of 6,500. In addition to the millage revenue generated, property
owners will be subject to three assessments. The Street Maintenance assessment will generate an
estimated $7,575; the Storm Sewer assessment an estimated $4,623; and the Urban Forestry
assessment will generate an estimated $1,134. Therefore, the total revenue generated from Glacier
Village Greens is estimated at $78,279 per year. This breaks down to approximately $302 in City
taxes and assessments for each lot within Glacier Village Greens.
Can the City provide services to the Glacier Village Greens development without raising taxes? Yes.
See the following chart which is derived from the narrative above. The manpower estimates have
not been altered based on the removal of Phase VII and the golf course, however the revenue
numbers have been reduced.
Department Manpower
Total Cost
Police Officer 0.8
$36,547
Fire Personnel 0.5
$21,214
Hydrant Rental
$ 1,380
Public Works 0.5
$18,103
$77,244
Administration (3%)
2,317
$79,561
Revenue Generated $78,279
Page 5 of 6
After analyzing all of the information pertaining to this annexation, I recommend we exercise our
option under paragraph eleven of our agreement with North Village Sewer District and our authority
under State law pertaining to annexation of contiguous lands. In doing so, we need to approve the
attached Resolution of Intention to Annex Glacier Village Greens Phases I, II, III, IIIA, IIIB, IV,
V, VIII, IX, X and Tract 5. The proposed timetable associated with the annexation is as follows:
September 5 - Resolution of Intention
September 11 - Application submitted to FRDO
September 13 - Publish notice
September 20 - Publish notice
October 3 - Deadline for comments
October 10 - Annexation is presented to the Planning Board
October 16 - First Reading of annexation and zoning before the City Council
November 6 - Second Reading of annexation and zoning before the City Council
December 6 - Annexation and zoning change becomes effective
RECOMMENDATION: The City Council approve the attached Resolution of Intention to Annex
the Glacier Village Greens Area, North East of Kalispell Contiguous to Whitefish Stage and West
Evergreen Drive.
FISCAL EFFECTS: The cost of services as compared to the revenue produced by the
annexation are almost identical. Please note that we will not be hiring additional personnel as a
result of this annexation, however, the cumulative effect of growth and annexation will eventually
result in the need for additional personnel and/or contracted services.
Respectfully submitted,
Chris A. Kukulski
City Manager
As suggested by the Council.
Report compiled August 31, 2000
Page 6 of 6
a
26 if 31 33 -- ✓ `mf ` .3
try 4 " --.2033
s
--- .
n3i
3+
23
-- iT z Y 3 7
1- ,*
zv — 1
> --
o
� . sa - - w
dI
'. I 'ID_,.
-. a9 .. 16
aaa R-5
Tw - 39
ft
s _
40
im
1 is
2MIMAM
f�
Suoject Prope
103"102
I V 2
q .
9190#293
+1t r
7 85 93 81 a
4 2D
I
r
S 77e a !3 arts I va €1
s
' r , r E�F�
Its
a j R=5 -w. —
E
LAGE
GRESS
€ >g
oa I3s PH
MOP
_"
m aofxaysp&
t - R3M 4V a
2 _--_,.._ _ 1
c _
i 1 111 R-1
11L 10 11F 13S /a r
TIM 71 LUT
70
T—$ L_#€ta
t
i C1'i S
CITY OF I ALISPELL
PROPOSAL TO ANNEX GLACIER VILLAGE GREENS AN
THE WESTERLY ADJACENT PROPERTY
CURRENTLY ZONED R-5, TWO FAMILY RESIDENTIAL
EVERGREEN ZONING DISTRICT
PLAT iATEz9J19f00
FILE# RA- 00 - " -= 60' .` \site ,isA G_7.d-g
Exhibit A
Extension of Services Plan
Glacier Village Greens Annexation Area
The purpose for this Extension of Services Plan is to compliment the City's over-all Extension of
Services Plan that was adopted by Resolution 4241 in November of 1995 and amended by
Resolution 4450 in March of 1999. This plan provides the City Council and the citizens within the
annexed area with a detailed five year services plan specific to the area to be annexed. Attached is
a map of the proposed land to be annexed into the City. Generally, the area is north east of the
Whitefish Stage and West Evergreen Drive intersection.
The area to be annexed is predominantly single family homes owned by retired couples. If we
use an estimate of 2 persons per household on a 191 home base, the estimated service population
would be 382 persons. In addition to population, we examined the call load ratio for the region, the
demographic and topographical features related to the infrastructure and public safety needs.
1. Police Coverage - We analyzed the call -load ratio for the area from our records and those of
the Flathead County Sheriffs Office to help determine a calls -for -service need. This area is in
our zone number 4 (northeast quadrant of the City, north of US-2 and east of Main Street). Zone
4 is the lowest calls -for -service area in the city with approximately 1400 calls per year. The
subdivision is flanked on the east by Whitefish River and on the west by steep ridges. Roughly
99% of the homes within the annexed area are within the Glacier Village Greens development
which has only two access roads on the south side of the property with fencing between the
ridges and the river. The area receives very little transient traffic that is not connected to the golf
operation because there are no through avenues. The subdivision is well lit and the homes are
in close proximity to each other.
The population numbers suggest that the area will require approximately .7 officers based
on the low population estimate of 382 residents. That figure is based on the "Law Enforcement
in Montana" survey which rates law enforcement ratios in cities of our size in the state at 1.8
officers per 1000 residents (x/382 residents=1.8/1000 residents). We must also anticipate some
impact on our dispatch services that will require that we budget additional money for part-time
staff. We also anticipate a very small caseload on our animal warden services.
Over the first five years after annexation the Kalispell Police Department will attempt to
accomplish a number of goals related to Glacier Village Greens. The department has one, three
and five year goals.
2_ , of 5
1 U.V. 1. 1 L
Year One
1. The Kalispell Police Department will assist the residents of Glacier Village Greens in
creating a Neighborhood Watch program.
2. The Kalispell Police Department will develop a zone response plan for Glacier Village
Greens.
a. Zone response is a method of assigning officers to a specific neighborhood. The
advantages include increasing the officer's familiarity with the area, increasing the resident's
familiarity with the officer, and improving response efficiency.
3. The Kalispell Police Department will notify each household in writing of their new law
enforcement service provider.
4. The Kalispell Police Department will notify the telephone service provider that 911 calls
from this area should be re -directed to the Kalispell Police Department Dispatch Center. -
Year Three
1. The Kalispell Police Department will encourage all residents to have their homes
numbered and will attempt to ensure that all street signs are in place.
2. The Kalispell Police Department will encourage participation from residents of Glacier
Village Greens on the Police Advisory Council.
Year Five
1. The Kalispell Police Department will review the delivery of services plan and calls for
service for Glacier Village Greens to determine if any law enforcement improvements can
be made for the area.
We can extend services to this area without the addition of any employees through increased
efficiency and zone response. We feel we can provide excellent service to the area because of
its proximity to existing service areas and the inherent low calls -for -service overall profile of the
area.
2. Fire/Ambulance Coverage - The Kalispell Fire/Ambulance Department made an inspection
of Village Greens Subdivision in order to determine the impact annexation would have on the
fire department. Our present manpower to population ration is 1 fireman per 800 population.
Consequently, this annexation would cause the fire department to require 0.5 fireman. The FD
has added two firemen/paramedics to its department within the last 90 days.
The distance from our station to the last house in this subdivision is 3.8 miles. We estimate
our response time at six to seven minutes. There are currently 23 fire hydrants for the Evergreen
Water Department in this subdivision. We are charged $60 per year rent on these hydrants, so
that would be a cost to our budget of S 1380 per year. We have served this subdivision since it's
beginning with our E. M.S. System.
Page 2 of 6
Looking ahead over the next five years the FD is working diligently to improve its ISO
rating. We expect to have a review within the next eighteen months that will lower insurance
premiums for all city residents. We are working to strengthen our relationship with our rural fire
departments neighbors in an effort to develop automatic aid agreements to help save lives and
property no matter what political jurisdiction you reside in. This subdivision is on the Northeast
edge if our city limits, where a substation is a consideration at this time.
We already serve this area with E. M. S., and since it is a new subdivision built to current
building and fire codes, the run volume for fire should be quite low and as a result we can sen-ice
this area with our current manpower.
3. Streets and Street Maintenance - Streets are in generally good condition and appear to meet
the City's standard cross section with curb and gutter with two exceptions. The first phase
portion of Nicklaus Drive is constructed to the City's alternate cross section design that does not
include curb and gutter. The other exception is that sidewalks have not been installed in the
development. Sidewalks would not be installed unless a majority (more than 50%) of the
homeowners petitioned the city for this service.
The condition of the streets and storm drainage system appears to be good with no obvious
deficient areas. An overlay is not needed at this time, but the streets need to be placed into the
regular maintenance program. We recommend chip -sealing as soon as possible in order to
maintain their good condition for as long as possible. The streets within GVG would be chip
sealed within the next twenty-four months. Within the next five years we would improve
Nicklaus Drive to add curb and gutter to match the rest of the development and improve drainage
within the next five years. The curbing would be paid from the through an SID with the storm
drainage paid for from the storm drain assessment fund.
It is difficult to determine personnel requirements to serve this area. Routine snow plowing
is the greatest obligation. This would add about six man-hours of workload per snow event.
Sweeping would impose a somewhat smallerburden of approximately four man-hours per event.
Other road maintenance would be fitted into the current schedule as necessary. Storm drainage
maintenance is estimated to be nominal and not of significant impact. No new streets need to
be constructed or extended into the annexed area.
4. Sewer Service - Sewer system facilities are reasonably new and were installed to Montana
standards. We have a contractual arrangement with North Village County Sewer District to
operate and maintain the facilities and will become owner of the facilities when construction
bonds have been paid. The sewer connection fees are used will continue to be utilized to retire
this debt. There are no apparent infrastructure needs for this system and annexation will involve
no changes to City operations. No new sewer mains will need to be constructed or extended into
the annexed area.
Page 3 of 6
5. Water Service - Water system facilities are reasonably new and were installed to Montana
standards and are the property of the Evergreen district. There would be no obligation on the City
to operate or maintain this system; water maintenance is done by Evergreen.. This is identical
to the situation in Buffalo Stage where the development is in the City but water is provided from
Evergreen facilities. No new water mains will need to be constructed or extended into the
annexed area.
6. Solid Waste (Garbage Collection) -The City will not provide solid waste disposal services to
the annexed area for a minimum of five years, consistent with the provision of 7-2-4736, M.C.A.
If after five years the residents petition the City for solid waste service we are prepared to
provide this service with current manpower and equipment
7. Parks - There are no publicly owned parks within the Village Greens development. The
developers chose to meet their parkland requirements by designated their park areas as
homeowners association parks, green space and open areas. Therefor, the City will have no
additional service commitment as a result of the annexation.
8. Recreation - Residents within Village Greens are currently eligible to participate in any of the
City's recreational programs. Therefor, the only impact pertaining to recreation is that the
participating residents will no longer have to pay the higher "out of city" fee. This is expected
to have an extremely minimal effect on recreation fees.
9. Urban Forestry - urban Forestry - Public right-of-ways are 60 feet within the development.
This offers ample space for boulevard trees. Village Greens will be prioritized with all other
neighborhoods within the City for both the planting of new trees and the maintenance of their
current boulevard trees. The City's forestry program allows for the planting of 110 plus new
boulevard trees annually. In addition, we prune approximately 500 public trees each year.
Glacier Village Greens' requests for trees will be placed on the yearly planting list based on a
first come first serve priority. The individual homeowner will have input to the selection of
desirable tree species and location along the boulevard. The maintenance of these newly planted
trees will be addressed annually for the first five years, then every five to seven years following.
This is based on the operational forestry plan for the newly established City Forestry District.
10. Building and Zoning - The area to be annexed is entirely within the building codes jurisdiction
for the City. We presently issue permits for work in the area and perform inspections.
Annexation will have no effect on our level of service, revenue, or expenditures. Zoning
jurisdiction will be extended to encompass the area in the same manner that all city ordinances
Page 4 of 6
will extend their applicability. Review of building plans and other zoning functions will be
performed in the annexed area in the same manner as the rest of the City. Expenditures will not
change, but there will be a change in the distribution of permit fees collected with building
permits. Approximately S 1,500 per year will be distributed to the City Zoning Department rather
than the Flathead Regional Development Office, which currently reviews building plans within
the area. The total permit fee will not change.
11. Other Utility Lines -The extension of other utility lines into the area is not necessary to the area
to be annexed.
12. City Assessment Districts - The Storm Sewer, Street Maintenance and Forestry Assessments
will be capped at 10,000 sq ft for the areas within the annexation area that are not platted.
13. Financing of Services - Based on 1999 tax data provided by the Department of Revenue, the
Glacier Village Greens development will generate S64,947 (Dept. of Revenue spreadsheet). In
addition to the milla2e revenue generated, property owners will be subject to three assessments
which are based on the square footage of each lot. Of the 261 lots within the annexed area, the
majority are 65' x 100' or 6,500 sq. ft. In addition to the lot size, the Department of Revenue
assesses each lot within each phase of the development with an equal share of the common area
for taxing purposes. On average, 3,050 sq ft of common area exist in each phase of GVG and
is added to each of the lots. A number of the lots and common areas are smaller, and larger, but
for purposes of estimating I utilized the average size of 9,550. Based on this estimate the Street
Maintenance assessment will generate an estimated S11,216; the Storm Sewer assessment an
estimated S6,847;. and the Urban Forestry assessment will generate an estimated S 1,682.
Therefore, the total revenue generated from Glacier Village Greens is estimated at S84,692 per
year. This breaks down to approximately $324 in City taxes and assessments for each lot within
Glacier Village Greens.
Can the City provide services to the Glacier Village Greens development without raising
taxes? Yes.
Page 5 of 6
1
DEPARTMENT
MANPOWER
TOTAL COST
POLICE OFFICER
* 0.7
531,979
FIRE PERSONNEL
* 0.5
521,214
HYDRANT RENTAL
S 1,380
PliBLIC WORKS
* 0.5
518,103
$77,244
* No employees will be added to the staff as a direct result of this annexation, however future
growth of the city may require additional staff.
GENERAL TAX REVENUE
564,947
STREET MAINTENANCE ASSESSMENT
511,216
STORM SEWER ASSESSMENT
S 6,847
URBAN FORESTRY ASSESSMENT
S 1,682
REDISTRIBUTION OF PERMIT FEES
S 1,500
TOTAL REVENUE GENERATED
586,192
14. Shared Tax Burden - The entire municipality tends to share the tax burden for these sen-ices
and the area may be annexed without a bond issue.
Page 6 of 6
LEGAL DESCREPTION FOR
Page 1 of 4
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SEI/4 & SW1/4 SEC. 32, T.29.N., R.21W., P.I., M., FLATHEAD CO.
MONTANA
�AMENDED PLAT
LOT II, GLACIER VILLAGE GREENS, PHASE I
A
SUBDIVISION
IN THE SEI/4 & SWl/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
Iti►ame"9 0mWIN
LOTS 1, 82 and 83
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SEI/4 & SW 1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE II
A SUBDIVISION
IN THE SEI/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY,
MONTANA
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R.21 W., P.M., M., FLATHEAD CO.,
MONTANA
LOTS 70 & 71
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R 21 W., P.M., M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE III A
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R.2I W., P.M., M., FLATHEAD CO.,
MONTANA
Page 2 of 4
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION
IN THE El/2SWI/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
A -MENDED PLAT
OF
LOT 127
OF THE PLAT OF
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION IN THE
El/2SWI/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IV
A SUBDIVISION
IN THE W 1 /2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE V
A SUBDIVISION
IN THE NW 1/4SE 1/4 SEC. 32, T.29N., R.21 W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
Homeowner's Park A of Glacier Village Greens, Phase III
Lots 160, 216 and the Homeowner's Park of Glacier
Village Greens, Phase IV
IN THE Wl/2SWI/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE VIII
A SUBDIVISION
IN THE NW 1/4SE 1/4 SEC. 32, T.29N., R.21 W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
Page 3 of 4
AMEN-DED PLAT OF
LOTS 1 &2
GLACIER VILLAGE GREENS, Phase VIII
A SUBDIVISION
IN THE NWl/4SE1/4 SEC. 32., T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., PM.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE X
A SUBDIVISION
IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE
SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5,
N89 055'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known
as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W
1146.61 feet to a found iron pin; Thence leaving said R/W N8905945"E 213.61 feet to a
found iron pin; Thence NO 1 °24'27"W 207.48 feet to a found iron pin; Thence S89 °55'59"W
10.00 feet to a found iron pin; Thence NO2 °24'36"E 411.97 feet to a found iron pin; Thence
N20008'33"E 100.12 feet to a found iron pin; Thence N18°30'04"E 223.97 feet to a set iron
Page 4 of 4
pin; Thence N79 ° 37'27"E 71.92 feet to a found iron pin; Thence S 17 ° 13'41 "W 261.53 feet
to a found iron pin; Thence S02°4243"W 225.00 feet to a found iron pin; Thence
SO 047'43"W 235.46 feet to a found iron pin; Thence S03°46'45"E 138.54 feet to a found
iron pin; Thence S21 ° 10'50"E 104.45 feet to a found iron pin; Thence S45 °28'25"E 169.53
feet to a found iron pin; Thence S40°10'29"E 138.50 feet to a found iron pin; Thence
S70042'43"E 137.36 feet to a found iron pin; Thence S44°24'19"E 294.91 feet to a found
iron pin; thence S25°07'53"E 185.26 feet to a found iron pin; Thence S28°32'15"E 216.19
feet to a found iron pin; Thence S89°54'39"W 370.00 feet to a set iron pin; Thence
S00005'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence
along said boundary S89°55'09"W 701.12 feet to the point of beginning and containing
21.606 ACRES; Subject to and together with all appurtenant easements of record.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north
boundary of said Section 5, S89°57'38"E 30.00 feet to a found iron pin on the easterly R(-\V
of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said
easterly R/W N00 ° 03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W
N89 ° 57'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave
southwesterly, having a central angle of 45°03'00"; Thence along an arc length of 141.53
feet to a set iron pin; Thence S45°00'00"E 241.23 feet to a set iron pin and the P.C. of a
180.00 foot radius curve, concave southwesterly, having a central angle of 44°53'10";
Thence along an arc length of 141.01 feet to a set iron pin; Thence S00 °06'50"E 222.78 feet
to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen
Drive and the north boundary of Section 5; Thence along said R/W and along said north
boundary N89 ° 57'3 8"W 588.20 feet to the point of beginning and containing 6.826 ACRES;
Subject to and together with all appurtenant easements of record.
WHITEFISH
TALE
b
.. O
W
'a°v