7. Ordinance 1378 - Initial Zoning for Glacier Village Greens - 1st Reading• a
T:_ ,i
Flathead Regional Development Offli
Room
Kalispell,"'1
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Annexation and Initial Zoning of R-4 and RA-3 -
Glacier Village Greens Area
December 18, 2000
Phone: (406) 758-5980
Fax: (406) 758-5781
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 comer 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 comer, 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 - City of Columbia Falls - City of KaJiWll - 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 R--,%-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 comer 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.
RECOMMIENDATION: 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.
ALTER.NATrVES: As suggested by the city council.
1" 11. vx'L - � xkklls A.
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF ZONINGORDINANCE, (ORDINANCE NO.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,! CERTAIN REAL
PROPERTY DESCRIBED IN EXHIBIT -B-, ATTACHED HERETO AND THEREBY MADE
A PART HEREOF, (PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY
RESIDENTIAL), '' RESIDENTIAL OFFICE,ENT I
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.
AOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Off icial 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 cf 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
Theresa White
City Clerk
villagegreens.wpd 2
FAA) 101 tal i WWAX" 311, 11111
Page I of 4
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SE 1/4 & SW 1/4 SEC. 32, T.29.N., R.2 I W., P.M., M., FLATHEAD CO.
MONTANA
AMENDED PLAT
LOT 11, GLACIER VILLAGE GREENS, PHASE I
A
SUBDIVISION
IN THE SE 1/4 & SW 1,14 SEC. 32, T.29N., R.2 I W., P.M.,M., FLATHEAD CO.,
MONTANA
.AMENDED PLAT
LOTS 1, 82 and 83
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SE 1/4 & SW 1/4 SEC. 32, T.29N., R.2 I W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE 11
A SUBDIVISION
IN THE SE 1.4 SEC. 32, T.29N., R.2 I W., P.M., M., FLATHEAD COUNTY,
MONTANA
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R.2 I 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 S1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION
IN THE El/2SWI/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
E 1/2SW 1/4, SEC. 32, T.29N., R.2 I W., P.M., M., FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IV
A SUBDIVISION
IN THE W 1/2 SEC. 32, T.29N.. R.2 I W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE V
A SUBDIVISION
IN THE NWI/4SEI/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
INITHEW 1/2SW 1/4 SEC. 32, T.29N., R.2 I W., 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.2 I W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
LOTS 1 &2
GLACIER VILLAGE GREENS, Phase VIII
A SUBDIVISION
IN THE NW 1/4SE 1/4 SEC. 32., T.29N., R.2 I W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE W 1/2SE 1/4 SEC. 32, T.29N., R.2 I W., PM.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE W 1/2SE 1/4 SEC. 32, T.29N., R.2 I W., P.M..-',4.,
FLATHEAD COLTNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE X
A SUBDIVISION
IN THE NW 1/4SE 1/4 SEC. 32, T.29N., R.2 I W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
W
W W
. . . . . . . . . .
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,
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 NOO'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 I'24'27W 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
N20"08'33"E 100.12 feet to a found iron pin, Thence N I 8'30'04"E 223.97 feet to a set iron
pin; Thence N79'37'27"E 71.92 feet to a found iron pin; Thence S I'll' I3'4 1 "W 261.53 feet
to a found iron pin; Thence S02'42'43"�V 2215.00 feet to a found iron pin; Thence
S01047'43"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 FOLLOWENG 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, S89'57'38"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 OFT 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 arc length of 141.01 feet to a set iron pin; Thence SOO'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.
Flathead Regional Development Office
723 5th Avenue East - Rom 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Initial Zoning for Glacier Village Greens Annexation
The Kalispell City -County Planning Board met on October 10, 2000, and held a pub
hearing to consider appropriate zoning for approximately 110 acres of land intended to
annexed by the City of Kalispell that includes portions of Glacier Village Greens and
northwest comer of Whitefish Stage Road and West Evergreen Drive. The matter w
continued until the November 14, 2000 meeting to allow the property owner of the northwe.
comer time to consider he recommended zoning and make comment. I
Narda Wilson presented staff report KA-00-7 and recommended that the board forward F-I
recommendation for R-4, Two Family Residential, for the Glacier Village Greens prope
and RA-3, Residential Apartment Office, for approximately 15 acres at the nor-thwest corn
of Whitefish Stage Road and West Evergreen Drive. The recommendation was based up
existing development, surrounding zoning and the master plan designation. 31
George Schulze, owner of the northwest comer, 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.
Uerely I
spell Ci ty P1 g Board
Jean A. J n
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 Itr 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
BOA" DISCUSSION There was no board discussion. DRAFT
ROLL CALL On a roll call vote the motion passed unanimously.
'1111 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 Familv Residential, for the Glacier Village Greens
development and RA-3, Residential Apartment Office, for the
property at the northwest comer of West Evergreen Drive and
Whitefish Stage Road.
BOARD DISCUSSION 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 confirrned 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,
rc.thereas 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 thi
was discussed briefly.
Mann stated he did not find Schulze's proposal offensive an
thought Whitefish Stage Road was destined to be a commercic
zone. He thought residential was not it's highest and best uIS
and was inclined to go with what the landowner wanted.
Stevens said his impression was that B- 1' was not anyrnoT
help than RA-3. He said they needed to revise B- 1 or develop
new zoning classification.
Pierce said that if you look at the permitted uses of B-1 versu
RA-3 there wasn't a lot in B-1 that Schulze was proposing
do. He said the RA-3 would be more adaptable. Schultz sai-
he based his criteria on paraghraph 3 in the B- 1 zom
Heinecke read said paragraph. There was a brief discus-SiO
about the interpretation of that paragraph. Heinecke said h
would prefer B- 1 zoning for the property.
Wilson pointed out that Schulze could ask for an amendmer
to the zoning ordinance and said she would be happy to wor
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.
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
to
t—,#,, B- 1 zoning was that the area being .!xoposed 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
*n 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
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 54+01
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 comer 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
ZD
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.
1 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 for -warded 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 findings 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
2-10
Flathead Regional Development Office
Kalispell,1 ,0
Phone: (406) 758-5980
Fax: (406) "S8-5781
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 rneeting of October 10, 2000. They held a public hearing on tthe
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 j 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:
® Flathead County ® City of Columbia Falls ® City of Kalispell ® City of Whitefish
George
and Elaine Schulze
October 20, 2000
Pace 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 propertv 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 or -her 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 200 1. Since the City zoning would not
Village in
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 onlv 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,
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 Greeds
annexation proposal
Area proposed for annexation
by city of Kaiispell
�] 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 annexaticr. will
force him to license and put seat belts ;n
his golf cart that he often drives on streets
through the subdivision.
LEFT: The Village Greens neighborhood.
Karen Nichc,s Cady Inter Lake
--------------------------------------------------------------------------------
-----------------
----
+ ]v 5�9E_ ,.---
---x_------------------- _--------- ---------------- (:
XE
_ _ - _ _ - - _ - _ _ _ _ _ _
-
X� L7:7; '1V1 Off;-7 -A N
T �i�CNlVu T
, ,, ,Y -, - --ay, -jr-zooer i i, iuou
lofts
City annexes
V -, MaIMM14, Us e
jg�x*,FTI -kJ n,
mm-
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 Mwiager 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,
or about 261 homes, The area
is served by city sewer ser-
vicK.
More than 250 rQ&iiis
had signed protest form's
since the September meeting,
but only one homeowner
showed up Monday to protest
the council's action.
"I find it troublesome that
you have the audacity to
extend ydur Nrisdiction over
People who don't want to be
governed by Kalispell," said
John Pratt
"N you don't have the con-
sent of the governed, thm
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 fatted because
no one seconded I
Citing taxation without full
pa- cipat
on, bus!
nessman Bill -Goodman spoke
in favor of the annexation.
"I believe in equitable tax-
ation," Goodman said.
"There are people living out-
side the city who certainly
utilize city services. People
in the city are carrying a
greater (tax) load than they
-should because the load isn't
being shared. I'd ask the
council to look at more
annexations."
Expecting people to pay
their fair share of city taxes
in exchange for sewer 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
diem."
The council also held a
public hearing Monday
regarding a recommendation
to increasing city sewer and
water rates, and adding a
meter replacement fee.
The last time rates were
raised was in 1991, according
to Public Works Director Jim
Hansz.' Operating costs have
increased substantially since
then, so revenues no longer
cover the cost of providing
service.
One person spoke against
the proposal.
The council approved reso-
lutions, adopting a 10 percent
increase, effective Jan. 1.
Water rates will rise 13
cents per 1,000 . gallons, 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.
The Daily Inter Lake, Monday, October 16, 2000
Homeow.1-MrS.
e%st city S
Protc;
0
annexation plan
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
homeowners, 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.
GLACIER VILLAGE GREENS
ANNEXATION AND ZONING STAFF REPORT #KA-00-7
FLATHEAD REGIONAL DEVELOPMENT OFFICE
OCTOBER 2, 2000
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. E;dsting 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
0
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
0
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. Mi'sting 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.
NQr-th: 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 Count- R-%-I, 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 Countv R-2, One Family Limited
Residential, and R-1, Suburban Residential. There is also a church on the
southeast comer of West Evergreen Drive and Whitefish Stage Road.
F,aat: 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 Citv 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.
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.
��v MINOR*
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.
2
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.
90mo 9IM03181TROMOMrs - . - •.
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 specific ser-,ices to the area are further addressed
under the Extension of Services Plan, Exhibit A.
I DYWOM a W4 WENT WIN Was WaS
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.
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
0
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 comer 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.
WAR U-NUM 0 RNN-awall *-FQVFF I 0=9111,97M ro MM
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 AKA-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
0
City of Kalispell
Post Office Box 1997 - Kalispell. Montana 59903-1997 - Telephone (4-06)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. Nilson:
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 1 Oth.
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
WElYE&
aev o.7 20
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 43, X.C.A.
(ANNEXATION OF CONTIGUOUS LAND), CObCPRISING PLATTED TRACTS OF LAND AND
UNPLATTED LAND THAT HkS BEEN E :rtD FOR WHICH ": ,` ": OF SURVEY
HAS BEEN FILED, MORE PARTICULARLY DESCRIBED IN EXHIBIT -A-, TO BE
DESIGNATED AS GLACIER VILLAGE GREENSr • ♦ 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 wi thin 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 ist 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
Commission shall on the loth
Public Hearing, pursuant to
ordinance, to recommend zonin
in Exhibit "A" in accordanc
Ordinance, in the event the
City, and
g
e
Planning Board and Zoning
day of October, 2000, hold a
27.03.010, Kalispell Zoning
for the territory described
with the Kalispell Zoning
territory is annexed to the
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 s#
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 SUCCeSS4Ve 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 V1. 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 COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 5TH DAY OF SEPTEMBER, 2000.
WM-E xoharskel a
Wm. E. Boharski
Mayor
.A t t e,s Y 7&
�heresa White
City Clerk
No. 3G61
NOTICE OF PUBLIC
HEARING
KALISPELL CITY.
COUNTY . PLANNING
BOARD AND ZONING
COMMISSION Gtader Village Gr ...
Annexation and Initial Zan-
trig ietiert Zone Change
from R-3 to R-5 — North
Mandlan Road
Cry Care in RA-
3—
Carver Annexaboin and
of I-1 — Road ,Kelly
Dr'V`ita , tton and
Initial Zoning of 8-1 —
Woodland Park Drive
Buffalo Stage Phase V
Annexation aid Initial Zon-
rg
the Kalispell City- ourn4y
Planning Board and Zon-
ing 0orturlsched-
uled for T ,-
Octiober
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
scheduledmeeting
of the
p4miling board, board
will hold public hearings
and take public cornrnents
on the following agenda
items. The board will
maKe i -Fn tidn'
to
dl i ac_
1. A proposal by the
City of Kaftd for the an-
ge
Greens and adjoining
to ft west The
Council
passed a resolution of in-
tent annex platted sub -
the Glacier
Village Greens develop-
menit and to the
As part of the an-
nexation
a public
hsenrV is held before the
planning board regarding
the appropriate City zoning
assigrunert is the proper-
ties
fo annexa-
win make a
recommendation to the
Kalispell C&I Cound. The
properties proposed for
aivwxation can be gener-
ally described as Asses-
s Tract 5 and Phases I
Caro h Xhcluding he
loin pltats
and common areas within
the platted subdivisions,
but excluding Phase V11.
the clubhouse and golf
course. These properties
are kocated in Section 32.
T ip 29 North, Range
21 West. P.M.M., Flathead
CT Vatana.
2. 1'request by Dana
and Krista Diebert for a
zone change from R-3, a
Residential zoning, to R-5,
a Residential / Professio-
nal Office district
The for
ed on the
North Meridi-
an Road approximately
600 feet south of Three
Mile Drive. The applicants
would like to convert the
exisfirig residence into of-
Sce space. -The property'
is located at 1070 North
Meridian Road and con-
WM
approximately, .33 of
an acre ,15,000 square
ft can be described
as 4, Block 1, Adams
on mated in Section
12, Township 28 North,
Range 21 West, P.M.M.,
Flathead County, Monta-
rWL
3. A request
by Wayne
and SuzanneElliott for a
conditional nditi use permit to
allow the operation of a
c getter in an RA
3, HtricL
igth Resider-
.
The day care center
would accommodate a
maximum of 36 children.
The property proposed for
ft day care center is lo-
cated an the west side of
Airport Road approximate-
ly 100 south of 18th
Street West and the ad-
dress is 1818 Airport
It can be
describeid as Lot 1, Purdy
Addition located in Section
19, Township 28 North,
Range 21 West, P.M.M.,
Flwhead County, Montana
4. A request by Dennis
Carver for annexaUm 'into
the City of Kalispell and an
initial zoning designation
of 1.1, Light Indusinal, on
approximately one acre.
The prope fies on the
north side Kelly Road,
approximately feet
east of Hipway 93 Soulk
�
p is avarlilly in
only zoning Airisdic-
lion and is zoned I-1, tight
Industrial. The of
the annexation is so that
the property owner can
connect to City water and
sewer senr�es for a pro-
posed shop and office'
building intended for the
propel• property',.
can be described as As-
sessor's Tract 70F located
in Section 20;-Township
28 North, Range 21 West,
P.M.M., Flatjeatl7County,
5. A request by Frank
DiVita for anroyation into
the City of Kalispell and an
initial zoning designation
of B-1. Neigh Buf-
fer District, on anapproxi-
mately 9,000 square feet]
parcel. The property ties
on the northeast comer of
Woodland Park Drive and
Shady Glen Drive. The
property is cumendy in the,
County zoning jurisdiction
and is zoned B-I,Neigh-
borhood / Professional
The pApose of
the annexation is so that
the property owner can
conned 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, Bbdc 1, Phillips Ad-
dition, located in Section 8,
Township 28 North, Range
21 West, P.kAL, Flathead
County,
6. A request by Buffalo
Chip Partners for annexa-
tion of Buffalo` Stage
Phase V-into.tfnd City of
Kalispell and an IrM zon-
ing designation of RA-1
Low Density Residentiai
Apartment. This is the fi-
nat phase of Wfaio Stage
Subdivision and H contains
36 lots on approximately
11.61 acres and is located
on the west sideof White-
fish Stage Road south of
Grarxud lane, The prop.
erty is in the Ever reen
a
is and RA . a Low
Density Residerrtial Apart-
ment zoning distrkt. 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.K. Flathead
eiftpai to
thess agenda items are of
file for public ftpection in
the Flathead Regional De -
Office,
723 Fifth
Avenue East, Roorn 414,
Kalispell, MT 59W1. and
are available for public re-
view during regular office
Interested peirsons are
encouraged to attend the
hearings and make their
views and corcems known
to the Board. Comments
in writing may be submit-
ted to the Flathead Re-
gional
Dev Office
at the above address prior
to the date of the hearing
or you may contact Narda
Wilson, Senior Planner, for
tion.
Thomas R. Jentz
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 1, II, I11, IIIA, HIB, IV, V, VIII, IX, X and Tract 5 which is located in NW 1/4 and SW 1/4
of the SW 1/4 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:
IL 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 7-24312. 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
or Narcels oflanfit` un,,vla tied land for —wh &-h
once a weekfor 2 successive weehm
18. No owner ofanyparcel of land within the District shall -be allowed to hook-up to, or to
;a M_&7gj
ww", "1 '1,06 Ail j%iWA,
M.
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 1, 11, EIIA, IV, VH, M and X of the development For some unknown
reason Phases III, IIIB, V and VIH (88 of 276 total lots did not sign petitions) Therefore, it is
C11C
Village Greens. This opinion is further strengthened by the recent ruling in the Whitefish
an,wexa
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. 'Me 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 Shefifrs Office to help detemine a calls-fbr-service need. This area is in our zone
Mv . Wxir`r
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.
f
0--ingm
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 thatwiIl 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 FireVAmbulance 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 I an 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 S 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 or - 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
action from the annexation that must be taken by the Association and the City council. I would
recommend that we accept the streets if as by the Association. Streets are in genemlly good
condition and appear to meet the City's standard cross section with curb and gutter. The fu-st
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 beg 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 1) 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.
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 5302 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%)
S 23.17
$79,561
Revenue Generated $78,279
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
I MIR- 171 1 1 =-
0.9y.11r.14- aw
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.
as=
I ff--a 0 =
pRopoSED ZONING - KAL -MONT DAIRY FARM
FLATHEAD CO., MONTANA
t
1
lk r
I
SCALE: r' = 100'
0' 50' 100' 200'
"t
WEST EVERGREEN DRIVE
O-