04a. Resolution 4528 - Annexation - Subdivision 182 (Rinke)Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
REPORT TO:
FROM:
SUBJECT
MEETING DATE:
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Rinke Annexation and Initial RA-1 Zoning
January 3, 2000
Phone: (406) 758-5980
Fax: (406) 758-5781
BACKGROUND: This is a request for annexation and initial zoning of an
approximately one acre site located on the east side of Fifth Avenue East, north of
Eighteenth Street East for the purposes of doing a minor subdivision. You will note
that about half of the western portion of this property is in the city limits and is zoned
RA-1 while the eastern portion of the property is in the county and is zoned R-4.
There are currently three dwellings on this property. The Kalispell City -County
Planning Board held a public hearing on December 14, 1999 to consider the
appropriate zoning upon annexation. The planning board is recommending that the
property be zoned RA-1, a Low Density Residential Apartment district, upon
annexation because it is consistent with the contiguous zoning for the property.
A four lot residential subdivision, Subdivision No. 182 has been filed concurrently
with this annexation request. This subdivision uses a flag lot design with shared
access for the rear lots from Fifth Avenue East. One additional dwelling would be
allowed as a result of this subdivision. This subdivision should be scheduled for
council consideration subsequent to their review and approval of the annexation
request and assignment of the appropriate zoning classification.
RECOMMENDATION: A motion to adopt the resolution amending the city limits
boundaries to include this property and the ordinance to zone it RA-1 upon
annexation would be appropriate.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
100
Narda A. Wil on Chris A. Kukulski
Senior Planner City Manager
Report compiled: December 22, 1999
Attachments: Letter of transmittal
Staff report KA-99-8 and back-up materials
Draft planning board minutes
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
RESOLUTION NO. 4528
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE
KNOWN AS SUBDIVISION NO. 182; TO ZONE SAID PROPERTY IN ACCORDANCE
WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from
Robert Rinke, the owner of property located on the east side of
Fifth Avenue East and north of Eighteenth Street East and described
in Exhibit A, attached hereto and thereby made a part hereof,
requesting that the City of Kalispell annex the territory into the
City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Robert Rinke's Annexation Request, #KA-99-8, dated
December 7, 1999, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell, and
WHEREAS, said territory is included within and conforms to the
Kalispell City -County Master Plan, and
WHEREAS, the City of Kalispell desires to annex said property
in accordance with Title 7, Chapter 2, Part 46, Montana Code
Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described in
Exhibit A, be annexed to the City of Kalispell and the
boundary of the City is altered to so provide, and shall
be known as Subdivision No. 182.
SECTION II. Upon the effective date of this Resolution,
the City Clerk is directed to make and certify under the
seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City
Council and file said documents with the Flathead County
Clerk and Recorder.
From and after the date of filing of said documents as
prepared by the City Clerk, or on the effective date
hereof, whichever shall occur later, said annexed
territory is part of the City of Kalispell and its
rinke.wpd -1-
citizens and property shall be subject to all debts, laws
and ordinances and regulations in force in the City of
Kalispell and shall be entitled to the same privileges
and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution
shall be zoned in accordance with the Kalispell Zoning
Ordinance.
SECTION IV. This Resolution shall be effective
immediately upon passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF JANUARY, 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
rinke.wpd -2 -
EXHIBIT A
LEGAL DESCRIPTION FOR
ROBERT RINB.E ANNEXATION AND
INITIAL. ZONING OF RA-1
Commencing at the Southwest comer of Block 248 of Addition No. 7 to the City of )(6 spell,
a map or plat on file in the office of the Pothead County Cleric and Recorder; thence
S 13'49'00' E, 1210.00 feet along the east right of way of Fifth Avenue Easy thence
leaving said right of way, N 7611'00' E, 150.00 feet to the TRUE POINT OF BEGNNING
of the Tract of land being described; thence N 76'11'00' E, M91 feet to the west
boundary of Greenacres Northwest Subdivision, a map or plat on file in the office of the
Flathead County aerk and Recorder; thence S 00'OS'41' E, 191.54 feet along said west
boundary to the southeast corner Deed Exhibit dock 515, Page 367, Flothecd County Records
thence leaving said west boundary, S 81"05'00W, 178.13 feet along the south boundcry
of said Deed Exhibit thence leaving said south boundary, N 13'49'00' W, 170.86 feet to
the point of beginning. Containing 0.82 acres of Icnd. Situate, lying and being in the S'N1/4
of Section 17, Township 28 North, Range 21 West, P.M.M., Fiatheod County, Yontana.
the public hearing was closed.
IOARD DISCUSSION There was no board discussion.
MOTION Stevens moved and Brenneman seconded to adopt staff report
KA-99-6 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the initial zoning
for Buffalo Stage Phase IV should be RA-1, Low Density
Residential Apartment, upon annexation. On a roll call vote all
members voted Aye. The motion to recommend initial zoning of
RA-1 passed unanimously.
RINKS ANNEXATION A request by Robert Rinke for annexation of property into the
AND INITIAL ZONING city of Kalispell and initial zoning of RA-1 for approximately .82
acres.
STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-8 in
which staff recommends initial zoning of RA-1, Low Density
Residential Apartment, upon annexation into the city of
Kalispell.
Mann questioned if there was an access issue and Wilson
explained that there was not, explaining that there is a 40-foot
access and at review it was determined that they will have have
a turn around for the fire department.
UBLIC HEARING The public hearing was opened to those who wished to speak on
the application.
PROPONENTS Jeff Larsen spoke in favor of the application stating that the
applicants agree with staff and stated that it is a good thing to
develop with infill when possible.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION There was no discussion.
MOTION Hines moved and Sipe seconded to adopt staff report KA-99-8 as
findings of fact and, based on these findings, recommend to the
Kalispell City Council that the initial zoning should be RA-1,
Low Density Residential Apartment, upon annexation into the
city of Kalispell. On a roll call vote all members voted Aye. The
motion to recommend initial zoning of RA-1 passed
unanimously.
NEW BUSINESS Johnson asked if the members could get new zoning regulations
books and Wilson said yes.
OLD BUSINESS: Heinecke stated that he feels that the public again slammed the
-KALISPELL CITY- board, because they did not understand the actions of the board
OUNTY GROWTH and he believes that if the public gets a chance to read the
Kalispell City -County Planning Board
December 14, 1999 Meeting Minutes
Page 14 of 16
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
December 22, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Robert Rinke Annexation and Initial Zoning
Dear Chris:
The Kalispell City -County Planning Board met on December 14, 1999, and held a public
hearing to consider a request by Robert Rinke for initial zoning of RA-1, Low Density
Residential Apartment, upon annexation into the city. The property proposed for
annexation is located on the east side of Fifth Ave. East and north of Eighteenth St. East in
the southeast part of Kalispell. A four lot residential subdivision, Subdivision No. 182, has
been filed concurrently with this request and is being forwarded with this annexation for
council consideration.
Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-8
evaluating the proposed RA-1 zoning upon annexation. She recommended that the board
forward a recommendation for the RA-1 zoning. Wilson noted that the current County
zoning is RA-1 and is essentially the same as the requested City zoning.
At the public hearing Jeff Larsen spoke in favor of the application stating that the applicant
agreed with staff findings and this was a reasonable request and provides infill
opportunities. No one spoke against the proposal.
A motion was made to adopt staff report KA-99-8 as findings of fact and recommend to the
council that the property be zoned RA-1 upon annexation. On a roll call vote the motion
passed by unanimous vote. Attached Exhibit A described the annexation boundaries.
Please schedule this matter for the January 3, 2000 regular city council meeting. You may
contact this board or Narda Wilson at the Flathead Regional Development Office if you have
any questions regarding this matter.
Sincerely
Kali
Jean A.
Presiden
Planning Board
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Rinke Annexation and Initial Zoning
December 22, 1999
Page 2
JJ/NW/tl
Attachments: Exhibit A - annexation boundaries
Original petition to annex and fire district withdrawl
Staff report KA-99-8 and application materials
Draft minutes 12/ 14/ 1999 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Robert Rinke, P O Box 5244, Kalispell, MT 59903-5244
Jeff Larsen, Larsen Engineering, P O Box 2071, Kalispell, MT 59903-2071
H: \ FRDO \TRANSMIT\ KALISPEL\ 1999 \KA99-08.DOC
ROBERT RINKS
REQUEST FOR ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KA-99-8
DECEMBER 7, 1999
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding the annexation and initial zoning. A hearing has been scheduled before the
Kalispell City -County Planning Board for December 14, 1999 beginning at 7:00 PM in
the Kalispell City Council Chambers. The Planning Board will forward a
recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
The property owner has asked for annexation and initial zoning of RA-1 concurrent with
application for preliminary plat approval of a four lot residential subdivision,
Subdivision # 182, located in the east part of Kalispell. Two of the lots within this
subdivision are already inside the city. The other two are proposed for annexation. This
report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property
will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A.,
Annexation by Petition.
PROPOSED ZONING CLASSIFICATION
The applicant has proposed a zoning classification of RA-1, a Low Density Residential
Apartment district, under the City of Kalispell Zoning Ordinance. Currently, the
property that adjoins this to the west and is part of the proposed subdivision is in the
city and is zoned RA-1, a Low Density Residential Apartment district.
A. Petitioner and Owners: Robert Rinke
P.O. Box 5244
Kalispell, MT 59903-5244
(406)752-0053
Technical Assistance: Jeff H. Larsen, P.E., P.L.S.
Larsen Engineering and Surveying, Inc.
P.O. Box 2071
Kalispell, MT 59903
(406)752-7808
B. Location and Legal Description of Property: The property proposed for
annexation is located on the east side of Fifth Avenue East and north of
Eighteenth Street East in the southeast part of Kalispell. It is part of a four lot
residential subdivision being the two lots to the east which combined contain
approximately one acre. The property can be described as a portion of Assessor's
Tracts 5-12 and 5-15A located in Section 17, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
single-family dwellings. The minimum lot size requirement is 6,000 square feet
for a single family dwelling and 7,000 square feet for a duplex.
D. Proposed Zoning: City RA-1, Low Density Residential Apartment zoning has
been proposed for this property. This is district allows duplexes and single-
family dwellings as a permitted use and multi -family dwellings as a conditional
use. Minimum lot size for the R-4 district is 6,000 square feet for single family
and duplex plus 3,000 square feet for each additional unit beyond a duplex.
E. Size: The area proposed for annexation and zoning contains approximately one
acre.
F. E7dsting Land Use: Currently there is a single wide mobile home located on the
southern portion of this property which is intended to be created as Lot 4 within
Subdivision # 182. Proposed Lot 2 to the north is undeveloped. The single wide
will be a non -conforming use within the RA-1 zone which does not allow single
wide manufactured homes.
G. Adjacent Land Uses and Zoning: The area is characterized by single-family
and duplex residential development on lots in the area along with some multi-
family dwellings to the west.
North: Single-family and duplex residences; County R-4 zoning.
East: Single family residences; County R-4 zoning.
South: Single family residences; County R-4 zoning.
West: Single-family and multi -family; City RA-1 zoning.
H. General Land Use Character: This area is generally developing as urban
density residential and is residential in character with some commercial
development further to the west.
I. Availability of Public Services: Full public services can be provided to this site
and will be done in accordance with the City of Kalispell's Extension of Services
Plan and in accordance with Kalispell's Design and Construction Standards.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
Does the requested zone comply with the Master Plan?
The property is designated by the Kalispell City -County Master Plan as "Urban
Residential' which is defined as allowing two to eight units per acre. The
requested RA-1 zoning classification is in conformance with that designation
since it allows up to seven units per acre.
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Is the requested zone designed to lessen congestion in the streets?
Minor or insignificant impacts are anticipated in the potential congestion by
changing the zoning from County R-4 to City RA-1 because of the similar density
and uses allowed in the districts.
Will the requested zone secure safety from fire, panic, and other dangers?
No features on the property exist which would compromise the safety of the
public. New construction will be required to be in compliance with the building
safety codes of the City which relate to fire and building safety. All municipal
services including police and fire protection, water and sewer service is available
to the area and will be extended as part of the development of this subdivision.
Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and promoting the goals of the Master Plan.
Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided. Lots within the proposed subdivision comply with the standards for
RA-1 and will be developed in accordance with those standards.
Will the requested zone prevent the overcrowding of land?
A change in zone from County R-4 to City RA-1 will result in a modest increase in
the density beyond that which is 'currently allowed. All public services and
facilities will be available to serve this subdivision. This zone change will not
result in an overcrowding of land.
Will the requested zone avoid undue concentration of people?
Minimum lot standards and use standards as well as subdivision development
standards will avoid the undue concentration of people at the time the property is
developed.
Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property, De-velopment should be encouraged in areas where these services are
available.
Does the requested zone give consideration to the particular suitability of the
property for particular uses?
With City RA-1 zoning adjoining this area to the west, the proposed RA-1 zoning
district is consistent with the surrounding zoning and land uses in the area and
gives due consideration of the suitability of this property for the permitted uses in
the district.
10. Does the requested zone dive reasonable consideration to the character of the
district?
The general character of the area is small lot residential development. The same
type of development can be anticipated to occur on this property and will be
consistent with the character of the district. The residential character of the area
will not be effected by the RA-1 zoning of this property upon annexation.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the proposed zoning
will promote compatible and like uses on this property as are found on other
properties in the area.
12, Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Small lot residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this parcel. The
proposed zoning is consistent with the master plan and surrounding zoning in
the area.
SUMMARY AND DISCUSSION
The proposed City RA-1 zoning has been applied to the area to the west of the area
proposed for annexation and is part of these lots. The city limits bisect these parcels.
This annexation will bring the entire lots within the city limits and all will have RA-1
zoning. Extension of municipal services to the site to City standards will take place
when these lots are developed and the final plat for Subdivision # 182 has been reviewed
and approved by the city council. Adequate access is available to serve the property and
any future development will be consistent and compatible with existing development in
the area. Insignificant impacts will result from the rezoning the development of this
property. Public services and the facilities serving this subdivision will be extended and
constructed in accordance with the City of Kalispell Extension of Services Plan and the
Kalispell Design and Construction Standards.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board adopt Staff Report
#KA-99-8 as findings of fact and recommendation to City Council for initial zoning of
this property should be RA-1, Low Density Residential Apartment, upon annexation.
H\... \REPORTS\ KA \99 \KA99-8. DOC
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Preliminary Plat for Kelsey Subdivision - East Reserve Drive and LaSalle Rd.
Zone Change from R-3 to R-S on Meridian Rd. and Three Mile Dr.
Conditional Use Permit for NW Health Care Central Plant
Various Annexations
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, December 14, 1999, beginning at 7:00 PM in the Kalispell City
Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly
scheduled meeting of the planning board, the board will hold public hearings and take public
comments on the following agenda items. The board will make recommendations to the
Kalispell City Council and / or Board of County Commissioners who will take final action:
To the Board of County Commissioners:
A request by Andrew Farris for preliminary plat approval of Kelsey Subdivision, a 33 lot
residential cluster subdivision on approximately 18 acres in the Evergreen and Vicinity
Zoning District. The property is zoned R-2, a One Family Limited Residential zone
requiring a minimum 20,000 square foot lot size. Because this is being filed as a cluster
subdivision, a conditional use permit will be required to allow the creation of lots varying
in size between 10,000 square feet and 15,868 square feet. The cluster design has been
used to cluster the higher density lots. near the center of the property with open space
areas near the perimeter of the site which will also accommodate a community drainfield.
Water will be provided by the Evergreen Water and Sewer District and sewage treatment
will be provided through the use of an on -site community drainfield system for the
majority of the lots and the use of Evergreen sewer on the lots fronting along East Reserve
Drive. The property can be described as Assessor's Tract 7 located in Section 28,
Township 29 North, Range 21 West, P.M. M., Flathead County, Montana.
To the Kalispell City Council:
2. A request by Telmon, Inc. on behalf of Doris Hulbert for a zone change from R-3, a
Residential zoning designation, to R-5, a Residential / Professional Office zoning
designation on approximately 2.0 acres. This property is located west of North Meridian
Road approximately 200 feet on the north side of Three Mile Drive in Kalispell. The
purpose for rezoning this property is for the construction of professional office buildings.
The property address is 33 Three Mile Drive and can be further described as the east 264
feet of the west 396 feet of the south half of Lot 20, Block 1, Northwest Tracts located in
Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and as
further described in Exhibit A.
3. A request by Northwest Health Care for a conditional use permit to allow the construction
of a new central plant facility for the Kalispell Regional Medical Center in an H-1, Health
Care, zoning district. The central plant facility will contain boilers and chillers for heating
and cooling, laundry facilities, maintenance offices and emergency power generators. A
parking lot will also be constructed north of the central plant as part of this proposal. The
area where this facility will be constructed is east of the existing hospital building and will
replace the existing plant. This property is located on the south side of Sunnyview Lane
Drive and east of Highway 93. The property address is 310 Sunnyview Lane can be
further described as Assessor's Tract 6E located in Section 6, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana.
4. A request by Somers Land Co. for annexation of Ashley Park Phase III into the city of
Kalispell and initial zoning of R-4, Two Family Residential, for approximately 8.44 acres.
The property proposed for annexation is located west of Airport Road and south of South
Meadows Subdivision and is the next phase of Ashley Park Subdivision. Current?'' '-is
property is in the West Side Zoning District and is zoned County R-4, a Two t. ily
Residential zoning district. The property can be described as a portion of Assessor's Tract
4 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana, and as further described on attached Exhibit B.
5. A request by Buffalo Chip Partners for annexation of Buffalo Stage Phase IV into the city
of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, for
approximately 5.58 acres. The property proposed for annexation is located west of
Whitefish Stage Road and north of Edgerton School and is the next phase of Buffalo Stage
Subdivision. Currently this property is in the Evergreen and Vicinity Zoning District and
is zoned County RA-1, a Low Density Residential Apartment zoning district. The property
can be described as a portion of Assessor's Tract 1 located in Section 31, Township 29
North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on
attached Exhibit C.
6. A request by Robert Rinke for annexation of property into the city of Kalispell and initial
zoning of RA-1, Low Density Residential Apartment, for approximately 0.82 acres. The
property proposed for annexation is located east of Fifth Avenue East and north of 18th
Avenue Street and is a portion of proposed Subdivision No. 182. Currently this property
is in the Willow Glen Zoning District and is zoned County R-4, a Two Family Limited
Residential zoning district. The property can be described as portions of Assessor's Tracts
5-15A and 5-12 located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, and as further described on attached Exhibit D.
Documents pertaining to these agenda items are on file for public inspection in the Flathead
Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and �,re
available for public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and concerns
known to the Board. Comments in writing may be submitted to the Flathead Regional
Development Office at the above address prior to the date of the hearing or you may contact
Narda Wilson, Senior Planner, for additional information.
Thomas R. Jentz
Planning Director
PUBLISH: Legal Notices
Daily InterLake
Sunday, November 28, 1999
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ROBERT RINKE INITYMAP
REQUEST FOR PRELIMINARY PLAT APPROVAL OF A
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3EFCRE THE CITY C:UNCI:�
OF THE
CITY OF KALISPELL
PETITT_CN FOR ANNEXATION TO CITY
CC:SSE NOW the undersicned and respectfully oetition the City
C3uncil of the City cf Kalispeil requesting city annexation of the
following real property into the City of Kalispell and to remove
the following real property from the 5�`� �4�1`'t�Eil- Rural
Fire District.
The petitioner(s) requesting City of Kalispell annexation of
the property described herein hereby mutually agree with the City
of Kalispell that immediately upon annexation of the land all City
of Kalispell municipal services will be provided to the property
described herein on substantially the same basis and in the same
manner as such services are provided or made available within the
rest of the municipality prior to annexation. Petitioner(s) hereby
state that there is no need to prepare a Municipal Annexation
Service Plan for this annexation pursuant to Section 7-2-4610,
M.C.A. since the parties are in agreement as to the provision of
municipal services to the property requested to be annexed.
Dated this day of 19
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:„
PROPERTY ADDRESS: a _
NER
OWNER
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
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Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
REPORT TO:
FROM:
SUBJECT
MEETING DATE:
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Subdivision No. 182 - A four lot residential subdivision
January 3, 2000
BACKGROUND: This is a request for a four lot residential subdivision located on
the east side of Fifth Avenue East, north of Eighteenth Street East. You will note that
about half of the western portion of this property is in the city limits and is zoned RA-
1 while the eastern portion of the property is in the county and is zoned R-4. There
are currently three dwellings on this property. Concurrent with this subdivision
proposal is a request for annexation into the city for the eastern portion of the
property which will allow it to be served by city water and sewer. This subdivision
uses a flag lot design with shared access for the rear lots from Fifth Avenue East. One
additional dwelling would be allowed as a result of this subdivision. This subdivision
should be scheduled for council consideration subsequent to their review and
approval of the annexation request and assignment of the appropriate zoning
classification.
RECOMMENDATION: A motion to adopt the resolution approving the subdivision
subject to conditions would be appropriate.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: December 22, 1999
Attachments: Staff report KSR-99-4 and back-up materials
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell - City of Whitefish •
SUBDIVISION NO. 182
FLATHEAD REGIONAL DEVELOPMENT OFFICE
SUBDIVISION REPORT KSR-99-4
DECEMBER 22, 1999
A report to the Kalispell City Council regarding a request for preliminary plat approval of
a four lot residential subdivision in southeast Kalispell.
This is a minor subdivision on property that is bisected by the city
limits with the city area on the west and the county area to the east. A request for
annexation has been made on property to the east which was filed concurrently with
this subdivision.
A. Applicant: Robert Rinke
P.O. Box 5244
Kalispell, MT 59903-5244
(406)752-0053
Technical Assistance: Larsen Engineering & Surveying
P.O. Box 2071
Kalispell, MT 59903-2071
(406)752-7808
B. Location: The subdivision is located on the east side of Fifth Avenue East and
north of Eighteenth Street East. The property addresses are 713 and 715 Fifth
Avenue East and can be described as the Assessor's Tracts 5-15A and 5-12
located in Section 17, Township 29 North, Range 21 West, P.M.M., Flathead
County.
C. Size:
Total area: 1.39 acres
Lot 1 area: 0.25 acres
Lot 2 area: 0.42 acres
Lot 3 area: 0.27 acres
Lot 2 area: 0.45 acres
D. Existing Land Use: There are three dwellings currently located on this
property. Proposed Lots 1 and 3 have small single family homes while proposed
Lot 4 has a single -wide mobile home which is a non -conforming structure.
Proposed Lot 2 is vacant.
E. Adjacent Land Uses: This area is primarily single family homes with some lots
having more than one dwelling. There are also a few duplexes and an apartment
building to the west.
North: Single family dwelling, RA-1 zoning
South: Single family dwelling, RA-1 zonig
East: Single family dwellings, County R-4 zoning
West: Multi -family dwellings, RA-1 zoning
F. Zoning: Currently the eastern portion of this subdivision is in the County zoning
jurisdiction and is zoned R-4, Two Family Residential. Concurrent with this
subdivision application, a request for annexation into Kalispell has been filed.
This matter has been to the Kalispell City -County Planning Board for
consideration of appropriate zoning upon annexation and they are
recommending an RA-1 zoning designation which is consistent with other zoning
in the area. These lots will all be zoned RA-1, Low Density Residential
Apartment. This zoning district has a minimum lot size requirement of 6,000
square feet for single family and duplex dwelling, plus an additional 3,000 square
feet for each dwelling beyond a duplex. Minimum lot width requirements are 60
feet and the setbacks are 20 feet in the front and rear and ten feet on the sides.
G. Utilities:
Water:
City of Kalispell
Sewer:
City of Kalispell
Electricity:
Flathead Electric Co-op
Telephone:
Centurytel
School District:
Kalispell School District
Fire:
City of Kalispell
Police:
City of Kalispell
Solid Waste:
City of Kalispell
This application is reviewed as a minor subdivision in accordance with statutory criteria
and the Flathead County Subdivision Regulations.
A. Effects on Health and Safety:
Fire: The site will be served by the Kalispell Fire Department which is within
approximately one and a half miles from the site. Access to the rear lots will be
from two 20 foot wide access strips for a total of 40 feet. Some type of a fire
department approved turnaround will be needed for the rear lots which can be
achieved by using a hammerhead or T-turnaround configuration. This access to
the rear should be paved.
Flooding/topography/soils: This site is located in flood zone C which is not a
floodprone area according to FIRM Panel # 1820E. The topography of the site is
generally level and it does not appear that the soils would pose any problems
with stormwater runoff considering both the size of the lots and the uses.
Groundwater and Surface Water: This property is west of the "Greenacres
Slough," but there will be little to no impacts on this channel or to the
groundwater because this subdivision will be on public water and sewer.
Road and access: Access to this subdivision will be from Fifth Avenue East. A
"flag lot" configuration is being used for the creation of the lots to the east with a
shared driveway to them. This flag lot design requires a minimum of 20 feet for
each lot abutting a public road or street. The shared access design provides for
good access to the rear of the lots. As mentioned above and further in this
report, the staff would recommend that this access road be paved to reduce
particulate matter in the way of road dust in the air and for fire safety purposes.
F. Effects on Wildlife and Wildlife Habitat: No significant effects on wildlife or
habitat are anticipated. This site is in an urban residential area within the city
and has been substantially developed. This site is mapped by the Department of
Fish Wildlife and Parks as not providing important riparian habitat or big game
winter range.
G. Effects on the Natural Environment: This subdivision will be served by City
water and sewer, thereby minimizing potential impacts to the natural
environment. Limited storm drainage systems are in the area, but little to minor
increases in stormwater runoff is anticipated from development of the
subdivision. Because this subdivision is in a non -attainment area for air quality,
a plan to reduce small particulate matter, primarily road dust would be
appropriated. The access road to the rear of the subdivision should have a paved
road for reducing potential road dust impacts and fire access.
D. Effects on Local Services:
Sewer and Water: The subdivision is served by the City of Kalispell for water
and sewer. Separate service lines for the lots will be required to be installed in
particularly for the lots to the rear of the property.
Streets: Once this subdivision is fully developed, i.e. proposed Lot 2 is
developed, approximately ten additional vehicle trips per day would be
anticipated. Access to this subdivision will be from Fifth Avenue East which is a
paved City street. Impacts to the roadway will be minimal.
Schools: The site is within the Kalispell School District. One additional student
in the district is estimated to result from the subdivision, a minor impact.
Parks: Minor subdivisions are exempt from parkland dedication requirements.
Police Protection: The site is served by the Kalispell Police Department which will
be able to provide good service to this subdivison.
Fire Protection: The site is served by the Kalispell Fire Department who will be
able to provide good service to this subdivision provided the access issues are
adequately addressed.
Refuse Disposal: Refuse disposal is provided by the City of Kalispell. The
County landfill has adequate capacity to serve the subdivision.
Medical Services: Emergency medical service is provided by Kalispell Regional
Hospital which is approximately three miles from the site. Ambulance and Life
Kl
Flight services are also available.
E. Effects on Agriculture and Water User Facilities: No effects on agriculture or
agricultural water user facilities are anticipated. The site is in an urban
residential area within the city.
F. Compliance with Master Plan: This subdivision is in substantial compliance
with the Kalispell City County Master Plan. The site is designated for urban
residential land use on the master plan map. The proposed lot sizes are
generally consistent with this designation.
G. Compliance with Subdivision Regulations: The subdivision is in substantial
compliance with the Kalispell Subdivision Regulations. No variances are being
requested.
H. Compliance with Zoning Regulations: This subdivision complies with the
applicable RA-1 district requirements. The access strip to the back lot should be
dedicated as road and utility easement and extend the entire length of the lot to
provide for future roadway extension.
Staff recommends approval of the subdivision, subject to the following conditions to be
met by the subdivider:
1. That the subdivision shall be developed in substantial compliance with the approved
preliminary plat except has amended by the conditions of approval.
2. The access strip portions of proposed Lots 2 and 4 shall be dedicated as road and
utility easement and that easement shall extend the entire length of the lot to
provide for the potential extension of future access to the east.
3. That the access to proposed Lots 2 and 4 shall be shared and that the access road
shall be paved to a minimum width of 20 feet.
4. That an approved fire access turnaround area to proposed Lots 2 and 4 shall be
developed with either a hammerhead, T-turnaround or other arrangement that has
been reviewed and approved by the Kalispell Fire Department.
5. Sewer and water facilities shall be approved by the Kalispell Public Works
Department and the Montana Department of Environmental Quality.
6. All new utilities shall be placed underground.
7. That preliminary plat approval is valid for three years.
H: \FRDO \REPORTS\KALISPELL\KSR\99\KSR994
4
LARSEN ENGINEERING & SURVEYING, INC., P.C.
7$0 Two Mile Drive
P.O. Box 2071 Tele (406) 752-7808
Kalispell, MT 59903-2071 Fax (406) 257-4051
Attn: Narda Wilson 12/14/`-
Flathead Regional Development Office
723 5th Ave. Bast
Kalispell, MT 59901
Re: Subdivision No. 182, Bob Rinke
Dear Narda:
On behalf of my client, I am requesting that the Zone Change and Minor
Subdivision be sent to the City Council at the same time. You phoned.
me yesterday and explained that because the applications were accepted at
the same time, unless a letter was written, the Minor Subdivision
would be sent to the City Council prior to the zone change. This would
be out of sequence at might result in the City Council continuing the
subdivision until the zone change came under their review. Therefore
I am requesting that you hold the Minor Subdivision until it can be
submitted with the zone change to the City Council. You indicated to me
that this would be on January 3, 2000..
Please call me if you have any questions at 752-7808
1426
t-
��-
file; rinke.dat
PPLICATION FOR MINOR SUBDIVISION PRELIMINARY PLAT APPROVAL
This application shall be submitted, along with all information required by the applicable
Subdivision Regulations and the Montana Subdivision and Platting Act, and the
appropriate fee to:
Flathead Regional Development Office, 723 Fifth Avenue East, Room 414
Kalispell, Montana 59901 - Phone: (406)758-5980 Fax: (406)758-5781
FEE SCHEDULE:
Minor Subdivision ....................... $ +
................... 250 15/lot - _ -
(5 or fewer lots)
Condominiums..........................................................$250 + 15/unit
(5 or fewer lots - land is not subdivided) F• K v. p_
Mobile Home Parks & Campgrounds ...........................$250 + 15/space
(5 or fewer spaces - land is not subdivided)
Amended Preliminary Plat..........................................$200
SUBDIVISION NAME: -541 B D/ ✓I5T 0tJ No, 10 7—
OWNER(S) OF RECORD:
Name POB C gr P---t t4 K-E Phone 7-52- - 00 53
Mailing City/State &
Address: I ' Zip
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.):
7"EFF H• t.A•RS&rlj {3 E j e-L-S,
Name & Address L A S iA E rA 4 • + -S— f 7, =aG- 6. A Za -f
Name & Address
Name & Addres
LEGAL DISCRIPTION OF PROPERTY:
City/County K- '-
Street Address _ 13 + 1%5 51-21 AVE.
Assessor's Tract No.(s) 5-"15A 4- 15 -IZ Lot No.(s )
1 /4 Section fW'A (+ Township 201. tA- Range
2IV4
GENERAL DESCRIPTION OF SUBDIVISION: 5�,4fwl Yl OF MNo
jj�-Ac— S )Km F'o" e LTA LA S i N 6 F-L-e ,rA 1.oT5 fates
Number of Lots or Rental Spaces 2 Total Acreage in Subdivision /-39AG_
Total Acreage in Lots �' M� Minimum Size of Lots or Spaces 69 26'A6—
Total Acreage in Streets or Roads /'414 Maximum Size of Lots or Spaces 4014544-'
Total Acreage in Parks, Open Spaces and/or Common Areas t414-
`OSED USES) AND NUMBER OF ASSOCIATED LOTS/SPACES:
_"Igle Family �_ Townhouse
Duplex
Commercial
Condominium
Apartment
Industrial
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Multi -Family Other
APPLICABLE ZONING DESIGNATION & DISTRICT fF-A - L
ESTIMATE OF SST VALUE BEFORE IMPROVEMENTS Nor ge&'D, too PAP-K FFx--
Roads: Gravel
Paved
Curb Gutter
Sidewalks Alleys Other
Water System:
Individual
Multiple User
Neighborhood Public Other
Sewer System:
Individual
Multiple User
Neighborhood ?( Public Other
Other Utilities: 7'L
Cable TV
�C Telephone >_Electric Gas Other
Solid Waste: Home Pick Up
Central Storage
Contract Hauler Owner Haul
Mail Delivery:
Central
Individual )*"
School District:
Fire Protection: 1/1
Hydrants
Tanker Recharge
Fire District:
Drainage System:
��
gi9 . �j� Iyj_W 4-4 O -j i L- f T2 BAt LCTS.
PROPOSED EROSION/SEDIMENTATION CONTROL:
t4D T- f �z'fl� .ASS �! A,. SAS. piS '
VARIANCES: ARE ANY VARIANCES REQUESTED? t�0 (yes/no) If yes,
please complete the information below:
SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT
COMPLIANCE OF REGULATIONS:
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
1. Will the granting of the variance b-e detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations or Master Plan?
4. Are there special circumstances related to the physical characteristics of the
site (topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the
FRDO Office at least thirty (30) days prior to the date of the meeting at which it will be
heard.
1. Preliminary plat application.
2. 6 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A -
Flathead County Subdivision Regulations)
4. One reduced copy of the preliminary plat not to exceed 1 l" x 17" in size.
5. Application fee
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the F.R.D.O. staff to be present on the
property for utine monitorin and inspection during the approval and development
process:
As approved by the CAB 5/25/99
Revised 6/30/99
(Date)
4
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