5. Ordinance 1283 - White Zoning - 2nd ReadingAGENDA ITEM 5 - ORDINANCE 1283 - WHITE ZONING - CALIFORNIA STREET
BACKGROUND/CONSIDERATION: At the last meeting the Council approved
Resolution 4395 to complete the annexation of property owned by Edgar and Margaret White
at the north side of California Street between 4`h Avenue E.N. and 5 h Avenue E.N. At the
same time the 1` reading of Ordinance 1283 passed authorizing the initial zoning of this parcel
as R-3, Urban Single Family Residential.
RECOMMENDATION: I concur with the Planning Board and FRDO's recommendation
that the property be zoned R-3.
ACTION REQUIRED: Completion of the 2`d reading of this ordinance will finalize the
zoning designation.
ORDINANCE NO. 123
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY KNOWN AS ASSESSOR'S TRACT 24A LOCATED IN SECTION 8,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL), CITY R-3,
URBAN SINGLE FAMILY RESIDENTIAL, IN ACCORDANCE WITH THE CITY -COUNTY
MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Edgar and Margaret White, the owners of property more
particularly described as Assessor's Tract 24A located in Section
8, Township 29 North, Range 21 West, P.M.M., Flathead County,
petitioned the City of Kalispell that the zoning classification
attached to the above described tract of land be changed to City R-
3, Urban Single Family Residential, and
WHEREAS, the property as described exists as property
surrounded to the North by City P-1 classification, to the East by
County R-1 classification, to the South by City R-3 classification,
and to the West by City P-1 and City R-3 classification, and
WHEREAS, the petition of Edgar and Margaret White was the
subject of a report compiled by the Flathead Regional Development
Office, #KA-98-1, dated February 2, 1998, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the property as described above be zoned City R-3, Urban
Single Family Residential, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the property as described
be zoned City R-3, Urban Single Family Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described City R-3, Urban Single
Family Residential, the City Council adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc— v.
Board oCounty Commissioners., Etc 590 P2d 602, the findings of
fact of FRDO as set forth in Report No. KA-98-1.
j:wp\ord\White 1
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SF.CTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance #1175) is
hereby amended by designating the property described as
Assessor's Tracts 24A located in Section 8, Township 28
North, Range 21 West, P.M.M, Flathead County as City R-3,
Urban Single Family Residential.
SECTION Ii. The balance of Section 27.02.010, Official
Zoning Map, City of Kalispell Zoning Ordinance not
amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty
(30) days from and after the date of its final passage
and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS DAY OF , 1998.
Wm. E. Boharski, Mayor
Theresa White
Clerk of Council
j:wp\ord\White 2
EDGAR AND MARGARET WRITE
REQUEST FOR ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KA-98-1
FEBRUARY 2, 1998
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request by Edgar and Margaret White for annexation and initial zoning. A
hearing has been scheduled before the Kalispell City -County Planning Board for
February 10, 1998 beginning at 7:00 PM in the Kalispell City Council Chamber. The
Planning Board will forward a recommendation to the Kalispell City Council for final
action.
BACKGROUND INFORMATION
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioners
have owned the property proposed for annexation for many years and are now ready to
build a home. Because of the topographical constraints of the property and its
proximity to City sewer, City sewer is required to develop the site.
A. Petitioner and Owners: Edgar and Margaret White
135 Birch Drive
Whitefish, MT 59937
(406)862-4722
B. Location and Legal Description of Property: The property proposed for
annexation is located on the north side of California Street between Fourth
Avenue E.N. and Fifth Avenue E.N. The property can be described as Assessor's
Tract 24A located in Section 8, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
C. Existing zoning: Currently this property is located in the County zoning
jurisdiction and is zoned R-1, a Suburban Residential zoning district requires a
minimum of one acre and is usually in an area which is not served by
community sewer. The subject property could not be developed in the R-1
zoning district with an on -site sewage treatment system because of the
topography. There is a small building site along the southern boundary of the
property and then a sharp drop down to a slough of the Stillwater River.
D. Proposed Zoning: The applicants are proposing City R-3 zoning, a Residential
zoning district which has a minimum lot size requirement of 7,000 square feet
and would be required to be served by all public facilities and services. This
district is primarily single family residential. All of the surrounding residential
properties in the area are zoned R-3 and the proposed zoning would be
consistent with that which is in the area.
E. Size: The area proposed for annexation and zoning contains approximately 1.87
acres.
F. Existing Land Use: Currently this property is undeveloped. The property
owners plan to building a single family residence on the property and require
City water and sewer to do so, hence the request for annexation into the city.
G. Adjacent Land Uses and Zoning: The character of the immediate area is
residential. This property bounded on the south and west by property within the
city limits. The property to the east and north is in the county.
North: Lawrence Park, City P-1 zoning
South: Single family homes, City R-3 zoning
East:: Undeveloped except for an old ice house, County R-1 zoning
West: Single family homes and Lawrence Park, City P-1 and
City R-3 zoning
H. General Land Use Character: The general land use character of the area is
single family residential to the south and open space to the north and east. This
property adjoins Lawrence Park on the north and west and then an undeveloped
parcel which also adjoins Lawrence Park to the east. There are single family
homes to the south and to the west.
I. Availability of Public Services: Public services are available in the immediate
area which include fire and police service, street maintenance as well and public
water and sewer. The reason for this annexation request is so that the property
owners can connect to the City of Kalispell water and sewer and thereby
construct a new single family home
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.
1. Does the requested zone comply with the Master Plan?
This property is indicated on the Kalispell City County Master Plan Map as urban
residential. The proposed R-3 zoning district complies with that master plan
map designation, as well as the goals and policies of the document.
2. Is the requested zone designed to lessen congestion in the streets?
Rezoning this property may result in a potentially ten vehicle trips per day
associated with a single family home. No significant impact on traffic congestion
will result from bringing this property into the city and assigning it an R-3 zoning
designation.
3. Will the requested zone secure safety from fire panic and other dangers?
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services are adequate.
4. Will the requested zone promote the health and general welfare?
Because this annexation will enable the property owners to connect to public
sewer and construct a new home on full public services, the public health and
welfare of the community will be served by encouraging compact development
within the city core.
S. Will the requested zone provide for adequate light and air?
The proposed use, a single family residence, will be required to comply with the
development standards of the district which assures that there is adequate light
and air.
6. Will the requested zone prevent the overcrowding of land?
The requested zoning designation is consistent with other zoning in the area and
the type of development which would be anticipated under the master plan. The
requested zone will prevent the overcrowding of land.
7. Will the requested zone avoid undue concentration of people?
No significant increase in the population in the area will result under the
proposed zoning. Technically, one additional dwelling would be constructed
under this zoning. The lot size requirements for the district avoid the undue
concentration of people in the area.
8. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools, parks, and other public requirements?
Public service, facilities and infrastructure are currently in place to accommodate
the use(s) in the area. No significant impacts to these services can be anticipated
as a result of this zoning proposal.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed zoning is consistent with the zoning in the surrounding area and
the uses in the area. The proposed zoning is consistent with the master plan
map designation and anticipated development. The requested zone gives
appropriate consideration for the suitability of this area for the uses allowed
under the R -3 zone.
3
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is residential. The use proposed on the
property is residential and will be consistent and compatible with other uses in
the area. The requested zone gives reasonable consideration to the character of
the area.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the iurisdiction?
The most appropriate use of land throughout the jurisdiction appears to
currently be residential. This is consistent with the master plan designation and
promotes the stability and neighborhood character of the immediate area.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt Staff Report #KA-98-1 as findings of fact and forward a
recommendation to City Council that the initial zoning for this property should be R-3,
Residential, upon annexation.
H: \... \REPORTS\KA\98\KA98-1
4
Jan. 7, 1998
From: Ed & Margaret White
135 Birch Drive
Whitefish, Mont. 59937
To: City of Kalispell
Subject: Request for Annexation on the following tract of land for the purpose
of building a retirement home. We request zoning classfcation to be
the same as other single family homes adjoing the property.
Thank You,
� z�
_ E T _ _ _ JN .+O . 3EFORE THE C-:'Y CCJNCIL RECE110
OF THE
CI:Y CF KALI-T. _LL ,BAN 8 1998
PETITION FOR ANNEXATION TO CITY FLATHEAD FtEG ZONAL
06yaLOPMANT GEEIQ
CCME NOW the undersicned and respectfully petition the City
Counci: of the City cf Kalispe== requesting city annexation of the
following real property into the City of Kalispell and to remove
the following real property from the 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 g W day of Zzi 1l-� , 19?6.
LEGAL DESCRIPTION OF PROPERTY TO SE ANNEXED:
I' / � /f �1A,t 2 j
{ �.` i' �'., .�.t� v� /�1
s^
J
PROPERTY ADDRESS:
(�- O)L&- -
OWNER
OWNER ,
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
February 18, 1998
Clarence Krepps, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Edgar and Margaret White Request for Annexation and Initial Zoning of R-3
Dear Clarence:
The Kalispell City -County Planning Board met on February 10, 1998, and held a public
hearing to consider a request by Edgar and Margaret White for initial zoning of R-3,
Residential upon annexation into the city. The property proposed for annexation the
contains approximately 1.87 acres and is located on the north side of California Street
between Fourth Avenue East North and Fifth Avenue East North. It can be described as
Assessor's Tract 24A in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
Narda Wilson of the Flathead Regional Development Office presented a staff report and
recommended City R-3 zoning for this parcel upon annexation. The property owner
spoke in favor of the R-3 zoning, and stated they need City water and sewer in order to
build their house. No one spoke in opposition.
A motion to adopt staff report #KA-98-1 as findings of fact and recommend approval of
the proposed R-3 zoning upon annexation passed unanimously on a vote of seven in
favor andrione opposed.
A recommendation for the proposed R-3 zoning upon annexation of this property is
being forwarded to City Council for consideration at their regular meeting on March 2,
1998. Please contact this board or Narda Wilson at the Flathead Regional Development
Office if you have any questions regarding this matter.
Sincerely
Kalispell City -County Planning Board
Milton J. Carlson
Vice -Chair
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Edgar and Margaret White Annexation
February 18, 1998
Page 2
MJC/NW/eo
Attachments: FRDO Report #KA-98-1 w/ application materials
Draft Minutes 2/ 10/98 Planning Board meeting
Exhibit A (legal description)
c w/o Att: Edgar & Margaret White, 135 Birch Dr., Whitefish MT 59937
Debbie Gifford, Kalispell City Clerk
H: \TRANSMIT\KAL\ 1998\KA98-1
EXHIBIT A
LEGAL DESCRIPTION
EDGAR AND MARGAR.ET WHITE
LEGAL DESCRIPTION
TRACT ; f including Parcel—a-1
A tract of land, situate, lying and being in the St:'; NW- of
Section 8, IownshiD 28 North, Range 1-1 t:est, P.M.M. Flat-
head Count• Montana, and more particularl% described as Jr -
follows:
BeRinnino at the forth 1/16 Corner common to Sections 7 and ',� LEC
8: thence S ft" 5 9 ' 56 E, 143.55 feet: thence ;:`:
S 000 48'. 31" t;, 571.35 feet to a point on the northerly R/t% ,`,` �SE
of California Street: thence S 76° 49' 03" t� along said R/t%,
r 100.65 feet to a point: thence N I" 24' 33" t' , 90. 79 foot: :i. 1I/4
thence S 25' 38' 53" t:, 60.65 feet to a point on the line r common to Sections 7 and 8: thence N 000 48' 3 1 " E a I o n o said OCEI`
I
i Section line. 453.52 feet to the point of beginning and con- 6 1�
taining 1.871 acres of land. '+
i FO
IR ACT 2
A tract of land, situate, lyin- and being in the �E \F'_ of t.0 SE
Section 7 and the SG'� Nt:, of -Section 8, Tovnship 18 Nortl-I, ST
Range 21 t%est, P.M.M., Flathead Count•, Montana, and more
particularly- described as follows:
Commencing at the North 1/16 Corner commor: to Sections 7 and
8: thence S 00' 48' 31-W. along said Section, line, CERTIFICAT
Z �53.5` feet to- the true point of beginning of the tract bein;�
described: thence S 76' 49' 03" ti, 87.37 feet: thence
S 13' 10' 37" E, 150.00 feet -to a point on the nortilerly R/[,;
Z of California Street: thence _ 760 49' 03" E along said R/t\*, REGISTRAT
99.37 feet to a point: thence N 12' 29' 33" t;, 90.79 feet; -
thence \ 251 38.' 53" t�, 60.65 feet to thF point of beginning APPR vED-'J,
and con aining 0.336 acres of land.
EXAMININV S
l -
STATE OF MO:
COUNTY OF
FILED. THI:
At LO'cloc
- - _ CtERKLAND E
BY
�V D.1
r� INSTRU!
SHEE1
;: CERTIFi2. ATE OF
CT-259 28 ✓.�rv4 !, r r,
OrdAo. .
WARRANTY DEED Co (JOINT TENANCY) Ry
For Value Received ALBUkT M. JOHNSON and LORETTA J. JOHNSON
the grantors, do hereby grant, bargain, sell and convey unto
EDGAR A. WHITE; and MAXA ET L. WHITE
135 Birch Drive, Whitefish, MT 59937
Othe grantees , as joint tenants (and not as tenants in common), and to the survivor of said named joint tenants,
and to the heirs and assigns of such survivor, the following described premises, in
FLAIHM County, Montana, to -wit:
SEE; E=BIT "A" ATBkCHED HEFtETO AND MADE A PART HEM70
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , as joint
tenants with right of survivorship (and not as tenants in common) and to the heirs and assigns of the survivor
of said named joint tenants forever. And the said Grantor do hereby covenant to and with the said
Grantees , that t he ythe owner in fee simple of said premises; that they are free from all incumbrances
and that they will warrant and defend the same from all lawful claims whatsoever.
-%Q T_"
STATE OF MONTANA. COUNTY OF FT.ATHEAD
On thn Z i Z� day of JUne . 19 91.
before me. a..nos4rV6 pubhc in and for said State, personally
aPPga$e2irr` Q'�t 421 JOHNSON and
JOHNSON
k n mid one ♦�o,t?e,t S whose name s are
su5scri5ed to the wttlkn lnsirtyment, and acknowledged to me
tka't `� 10 •n executed the same.
Notary Pubfrc
e N
RestdmQ at Montana
Comm E apues
TE OF MONTANA• COUNTY OF
t he>e1fice.
s mstrumem was filed for rec at
the re
If past o'clock m..
h,s<day`9 ly r k
of De
By
Fees S
Mail to:
Ex•Offfcio Recorder
Z
z
C
3
Z
Z
O
9ii82 //NZ/
EXHIBIT A
A tract of land situated, lying and being in the SW}NW} of
Section 8, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, and more particularly described as follows:
Beginning at the North 1/16 Corner common to Sections 7 and 8;
thence
South 88059'56" East, 145.55 feet; thence
South 00*48131" West 571.35 feet to a point on the Northerly R/W
of California Street; thence
South 76'49'03" West along said R/W, 100.63 feet to a point; thence
North 12'29'33" West, 90.79 feet; thence
North 25'38'53" West, 60.65 feet to a point on the line common to
Section 7 and 8; thence
North 00'4831" East along said Section line, 453.52 feet to the
Point of Beginning.
SUBJECT TO The effect of restrictions contained in Certificate of
Subdivision Plat Approval recorded with Certificate of Survey No.
7945, records of Flathead County, Montana.
Return S Taxes:
Edgar A. & Margaret L. White
135 Birch Drive
Whitefish, MT. 59937
Y
a/S
STATE OF MONTANA,
ss
County of Flathead
Recorded at the request of
this day .of 199L_ at /J:VZ o'clock,,JM and recorded in
the records of Flathead unty, State of Montana. y�
Fee $ at. CT -0 —Pd. _ _ /�L. Z,!
RECEPTION NO. 9118211Y21 � �
RETURN TO uty
.. 4
LEGAL DESCRIPTION
IRACT : including Parcel --A-)
A tract of land, situate, lying and being in the S1N' NW of
Section 8, T6vnship 2-8 North, Range 21 hest, P.M.M. Flat-
.
head County Montana, and more particularly described as
}�
follows:
&
Beginning at the North 1/16 Corner common to Sections 7 and
tS LEC --•
`
8: thence S H* 59' 56" E, 145.55 feet: thence
S 000 4 8 ' 3 1 " G, 571.35 feet to a point on the northerly- R/G
y ® S,E
of California Street: thence 8 760 49' 03- W along said R/W.
r,'`
(11j4
100.65 feet to a point: thence N 12° 29' 33" t;, 90.79 feet:
thence N 25' 38' 53" V, 60.65 feet to a point on the line
_
jcommon
to Sections 7 and 8: thence N 000 48' 31" E along, said
Section line, 453.52 feet to the point of beginning and con-
6 I
taining 1.871 acres of land.
v:
• FO
TRACT 2
A tract of land, situate, lying and being in the 5E= NE' of
e O SE
i
Section 7 and the SWI NWk of -Section 8, Township 28 North,
ST
Range 21 West, P.M.M., Flathead Countx, Montana, and more
particularly described as follows:
j
Commencing at t-he North 1/16 Corner common to Sections 7 and
8: thence S 00* 48' 31"1./. along said Section line,
CERTIFICAT .
Z
453.52'feet to -the true point of beginning of the tract bein;'.
described: thence S 76' 49' 03" k, 87.37 feet: thence
10' 57" E, 150.00 feet the R/W
13' to a point on northerIv
Z
of California Street; thence N 76° 49' 03" E along said R/ti,
;REGISTRAT,
99.37 feet to a point: thence N_12' 29' 33" W, 90.79 feet:
thence N 25° 38.' 53" W, 60.65 feet to the of beginning
point
APPR VED•1
and containing 0.336 acres of land.
i
EXAMININ S,
I
STATE 0 MOI
I�
COUNTY OF
FILED THV '
t ,.. 1 %0'Clot
C ERK AND E
0� DT
INSTRUI
SHEEI
f:... . CERTIRI.CATE
OF
Y'
"t'1
rn
pA
..
oN X
D D
C
r r— z
fn --I
"a rn
m
< 0
�I
-�
rn
1� 0 Z
o
-n
O• Q' 0 8
e
r
�
c�
f*1
o m
M
o f _n r.
o 0 cn
-4
m 0 rn A
rn z
m
0
-i
z
n
T N 1C� Z T
_
-4 c
m 9 ? m
n
rn
( n c) 0
.
`
ADJUSTMENT PARCEL
LEGAL DESCRIPTION
PARCEL A .`
]
of land' oicuate. lying and being 1r
of Section 8, Township 28 North' 8 '
1.M. Flathead County' Hontana. and"I
3c\» described as follovs:
�
� at the Southwest Corner uf Tracc7l
)45. thence l]" lO' 57^ K. 96.42,l
35" ]U ll^ g. 57.92 f i e t ; chence'�
53^ E. 60'65 feet ; thence
33^ E. 90.79 feet to a point on-*��
R/W of California Street: thence`�
03^ C along said 8/V` 18.00 [eet.'t
of beginning and containing 0.027
Eli:
����-N--r
Em
0
�
~°
rn
�
) '
�i
,.
�
TRACT
�
�
act 1/4 1/4 yap
•
••t+
Eaat 2626.>fS' (wtrpvtre
Eftl 2630.10
IIOar f sour
•
O
y0
O J
K
t A \N N
n e 1
?' N
s-
_o
00
Z z if is
1 } M f a •1 :31.�� 1
' yl 2 .�, t• y ls�
...� �• t._ ', ate.,-�;1"� a " �tt.:�
'i � •.� y y s 1
I •�>�� tl 1 s
.IS a t O
30.11,
IL 0
00`4
} �� 1 C • 0y0 l0.ia.
'� 1 !0••
'S 0,20
.a1 3'A •••_ a
� {V• p .t
'•, '`�yo- ` p, f of
• !, ?-� soy ,�'
l
o y�..• ! 2
at 5
is t
f •I 11,
"�il�y�10
�it IL r—
t 9 0 y • ( i
r' it i
Z
•
u00
•bZRt _� j/
•
11
• ,�Hr/
fl a0
o TRACT i
J
n
u W h b
y W) ,� o
0 .� 0
SCALE : I"= 100l o
9 � h
100 50 0 100 200 Z C5Lr-��
014 8av-njaR
TR-7D �
'.Z) O. 2>C A,4f ''
00
=d1_cj off, I
s{P..L`
SoS�j " i
0 C K S
Q t0 T
G Dw v
ct o
• rn
e
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this
day of - A.., A IM, by and between Ric ,R 8n1 AR6�lR�?-L . lyHtTc'
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDER(S), OR
CONTRACT SELLERS(S) ] and the CITY OF KALISPELL, Flathead County, Montana,
hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other good and valuable
consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to
protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings
made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and
make a part of said City of Kalispell, more particularly descrbed on Exhibit "A" attached two
and which, by this reference, is made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express an intent to have the
property as herein described withdrawn from the E�j`f-r�t� �- Fire District
under the provisions of Section 7-33-2127, Montana Cote Annotated, and that incorporated into
this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that -
upon proper adoption of an ordinance or resolution of annexation by the City Council of the City
of Kalispell, the property shall be detracted from said district.
I
The PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and
be binding upon the title of the said real property, and shall be binding upon our heirs, assigns,
successors in interest, purchasers, and any and all subsequent holders or owners of the above
described real property.
This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and j
affixed our seals this �`t' day of , 1999.
CITY OF KALISPELL
CityManager I1
ATTEST:
rnance Dliector
STATE OF MONTANA
ss
County of Flathead
On this day of , 199 , before me,
the undersigned, a Notary Public for the State of Montana, personally appeared ,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
STATE OF MONTANA
ss
County of Flathead )
On this day of 199 , before me,
the undersigned, a Notary Public for the State of Montana personally
appeared and
the and
respectively, of the corporation that
executed the foregoing instrument, and the persons who executed said instrument on behalf of
said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
i
Notary Public, State of Montana
Residing at
My Commission expires
STATE OF MONTANA )
ss
County of Flathead )
On this day of 199 , before me, a Notary
Public in and for the State of Montana, personally appeared CLARENCE W. KREPPS and
AMY H. ROERTSON, known to me to be the City Manager and Finance Director of the City
of Kalispell, a municipality, that executed the within instrument, and acknowledged that such
City Manager and Finance Director respectively subscribed, sealed and delivered said
instrument as the free and voluntary act of said municipality, for the uses and purposed
therein setforth, and that they were duly authorized to execute the same on behalf of said
municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seat, the
day and year first above written.
KALISPELL CITY -COUNTY PLANNING BOARD
AND ZONING COMMISSION
MINUTES OF MEETING
FEBRUARY 10, 1998
Master Plan Work There was a work session scheduled at 6:30 p.m. to discuss the master
Session plan update. Steve Kountz, Senior Planner, gave an overview of the
progress, for the new members. The process began about one year ago,
and is projected to be available for public review and comment by this
fall.
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND ROLL CALL Board and Zoning Commission was called to order at 7:00 p.m. by Vice -
Chair Carlson. Board members present were Milt Carlson, Walter Bahr,
Joe Brenneman, Jean Johnson, and Greg Stevens. Don Garberg and Rob
Hemecke were recently appointed by City Council and were welcomed
on the Board. Therese Hash was absent (excused). The Flathead
Regional Development Office was represented by Narda Wilson, Senior
Planner. There were approximately 20 people in the audience.
Election of Member Next item of business was election of the member -at -large. Letters of
at Large interest were received from John Parsons, Don Hines, and Sydnee Hill.
All were present and introduced themselves. By written ballot, Don
Hines received the majority votes. His appointment must be confirmed
by both the City Council and County Commissioners.
APPROVAL OF The minutes of the meeting of January 13, 1998 were approved as
MINUTES written on a motion by Johnson, second by Bahr.
THOMPSON, The first public hearing was introduced on a request by Glen and Mildred
NOBLE 8t Thompson, Cecil and Isabel Noble and Catherine McKinley on behalf of
McKINLEY ZONE themselves and property owners in the area to rezone several parcels
CHANGE FROM from R 3, a Residential zoning district, and RA-1, a Low Density
R-3 and RA-1 TO Residential Apartment zoning district, to RA 3, Residential
RA-3 Apartment/Office zoning district on the east side of North Meridian
Road
Don Garberg declared a conflict of interest on this matter and ' stepped
down from the Board
StaffReport Wilson presented an overview of report #KZC-98-1. The necessary
Kalispell City -County Planning Board
Minutes of Meeting of February 10, 1998
Page Iof o
criteria for a zone change was evaluated, and the recommendation was to
grant the zone change from R-3 and RA-1 to RA-3. This conforms with
the North Meridian Neighborhood Plan which is part of the Kalispell
Master Plan.
Questions Johnson asked if the adjacent property owner of Tract 6B had been
invited to be included in the zone change? He represented that property
owner on a zone change request about 2 years ago, and it was turned
down
Wilson responded that he had been contacted as an adjacent propoerty
owner, however did not hear from him to include that property in the
Board's recommendation for a zone change.
Carlson noted that all the applications requested R-5. Was that to keep it
as office uses?
Wilson replied that was correct, and she had discussed staff s
recommendation with the applicants, and they agreed. The RA-3 allows
more uses, because it allows apartments.
Public Hearing The public baring was opened to proponents of the zone change.
In Favor Jeffrey Heider, 232 South Meridian, spoke in favor of the zone change. I
have an interest m purchasing property from the Nobles. I am a
psychologist and my wife is a speech and language therapist, and we
would like to purchase that property for an office.
No one else spoke in favor. The public hearing was opened to those
opposed to the proposed zone change.
Opposition Geri Ann Robbins, West Arizona St., lives adjacent to the Merdian
Pointe apartments. In previous testimonies, protests of more than 120
people haven't gone anywhere. I ask, beg and plead of the Commission,
that if and when you do approve this, that you absolutely DO NOT allow
a through street from Meridian to Highway 93 using West Arizona. It is
such a horde intersection- — P Avenue WN, T-intersecting with West
Arizona It is a blind corner, many people disregard 'it, there are many
accidents. On behalf of all the people who cannot be here, I strongly
request that a through street not be allowed
I again, have concerns about this zone change to RA 3. The Meridian
Kalispell City -County Planning Bbard
Munn of Meeting of Februa y 10,1998
Page WS'
Pointe apartment requirements were never completed. There was
supposed to be a fence with a landscaped buffer zone, and it is still not
done. We have neighbors whose fences are repeatedly ripped down,
there are repeat problems with vandalism from residents in the apartment
complex. On the north side, there is still barbed wire. Again, feeling that
our input will be defeated, I would ask that the requirements for fencing
and landscaping be done so there isn't additional traffic from the
businesses and apartments that would be generated. These issues with
Meridian Pointe have never been resolved, repeatedly promised, but
never have been. Obviously, the neighbors are concerned that the pattern
will repeat itself and request that things be addressed and completed; as
promised.
Colleen Berger, 622 West Arizona, had concern with parking and access
at the house on North Meridian adjacent to their house. We have a lot of
turn around traffic on West Arizona, which creates problems with
garbage pick-up, snow removal and the driveways. My other concern is
that if apartments are a part of this plan, Russell School is already
overcrowded. There is no room to expand, and I do not want to see my
kids bussed to another school.
Brenda Hamblin, 614 West Arizona, was opposed to the zone change for
apartments because of increased traffic, she had concerns about safety for
Idds walking to school, the overcrowding of the schools where the kids
are already being bussed elsewhere, and how this would affect our
property values. She urged the Board to consider our concerns.
Mike Stevenson, 610 West Arizona, also had concerns about making
West Arizona a through street. There is a large amount of traffic on
Arizona that is turn around. We have two boys who play in the street,
since we do not have sidewalks. One of my boys goes to Russell School,
the other one can't get in because the school is full, so he is bussed
across town. You put more apartment complexes in there, what will
happen with those kids?
There being no others in opposition, the public hearing was closed and
turned to Board deliberation.
Board Discussion Narda addressed some of the issues that came up during the public
hearing. The major concern was the extension of West Arizona. The
zone change does not propose the extension of West Arizona. That is an
Kalispefl City -County Planning Board
Mutates of Meeting of February 10,1998
Page 3of 8
entirety different process. It could happen regardless of the zoning
designation. Apartments in this use district are a conditional use and
would require a public hearing. Any office uses would be required to
meet the packing and budding standards for the City. To address the
concerns about the additional apartments going in and the impacts to the
school, an alternative zoning designation would be the R 5 that basically
allows the same uses, except for apartments.
The Board was familiar with the ' problems with Meridian Pointe
apartments, and asked about the the C ty's responsibility to enforce the
conditions for fencing.
Wilson replied that the Zoning Administrator would be the appropriate
follow through.
Ms. Robbins said she has spoken with Diana Harrison on nurnerous
occasions, but will complain once more about the situation.
Carlson noted that this Board has been living with the burden of
Meridian Pointe for five years and the problems that have occurred, and I
would hope that pressure on the Kalispell budding Department would
help alleviate that and get them to do what they said they were going to
do. The neighbors have come in the past to talk about it. It is something
we cannot do in a zone change, but the issues can be alleviated by having
professional offices. We could direct fixture boards to allow only single
family residences or professional offices.
The uses in the two zoning districts -- RA-3 and "R-5 — were compared
and discussed.
Narda pointed out that the North Meridian Neighborhood Plan
designates this area for high density apartment and was part of the
Planning process. So, if this is an area the Board does not feel is
appropriately designated, that needs to be addressed in the master plan
update. Staffis opinion was that RA-3-more closely complied with the
neighborhood plan, than R-5. However, R 5 does allow duplexes and a
mix of uses, so would also comply. She did not anticipate apartments
going in, because the applicants propose office uses.
Brenneman asked about the potential impact from apartment
development on the property. Over 5001* is already zoned RA 1. He had
concern that several years from now, when tyre is a new Board, if it is
Kalispell City -County Planning Board
Minutes ofMeeting ofFebcvary 10, tM
Page 4of 8
zoned RA-3, which allows apartment complexes, the intent to keep it as
professional offices is lost. I do not get the sense from the neighbors or
the staff that this is an area that we want high density residential.
Other Board members agreed that R 5 was a preferable recommendation.
There was discussion on the traffic situation in that neighborhood, which
is an ongoing problem
Motion Bahr moved to adopt report #KZC-98-1 as findings of fact, and
recommend that City Council grant a zone change on the subject
properties from R-3 and RA-1 to R-S. Johnson seconded.
Discussion on Motion It was felt that the R-5 designation meets the needs of the petitioners, as
well as addresses the concerns of the neighbors.
Stevens felt uncomfortable about changing the recommendation without
consulting with the applicants.
Brenneman agreed with Stevens, but pointed out that on all- three
petitions, the applicants asked for R 5.
RoltCall'Vote On a rott call vote Bahr, Brenneman, Carlson, Johnson, Heineke and
Stevens voted in favor of recommending a zone change from R 3 and
RA 1 to R-5 as requested by the applicants. The motion carried 6-0.
Garberg returned to the Board.
WHITE ZONE The next public hearing was introduced on a request by Edgar and
CHANGE UPON Margaret White for annexation into the city of Kalispell and initial zoning
ANNEXATION f of R 3-, a residential zoning district. The property proposed for
FROM COUNTY annexation is located on the north side of California Strut between
R- I TO CITY R-3 Fourth Avenue EN and Fifth Avenue EN, and can be descnW as
Assessor's Tract 24A+, Section 8, T28N, R21W, P.MM, Flathead
County. It is currently zoned County R I, Suburban Residential, which
requires a minimum lot size of one acre.
Staff Report Wilson gave a presentation of report #KA-98-1, and recommended the
property be zoned R 3 upon annexation into the City.
She pointed out the little parcet of tend (Tract 24, which is part of Tract
7D in Section 7) located in the southwest corner was included in the
Kalispell City -County Planning Board
Minutes of Meeting of Febr ry 10, 1998
Page Sof8
annexation request, by permission of the property owners.
Public Hearing The public hearing was opened to those in favor.
Edgar White, the applicant, was in favor of the zoo, so that they can
build a home on the property and hook up to city services.
No one else spoke either in favor or against. The public hearing was
closed and opened to Board discussion
Board Discussion Bahr asked if the entire parcel was to be annexed, or just the building
site? Narda noted for the Board's information, that the City is interested
in acquiring a portion of the White's property to incorporate into
Lawrence Park. Part of the site is very steep and drops into the slough.
Motion Bahr moved to adopt findings of fact in report #KA-98-1, and forward a
recommendation to City Council that the property be zoned R-3 upon
annexation into the city. Brenneman seconded. On a roll cell vote Bahr,
Stevens, Heineke, Carlson, Johnson, Garberg, and Brenneman voted aye.
The motion carried 7-0.
JUNGE The next public hearing was introduced on a request by Peggy and
CONDITIONAL Charles Junge for a conditional use permit to allow a community
USE PERMIT / residential facility for six seniors, who do not require skilled nursing cars,
COMMUNITY in an existing residence in a RA-Z High Density Residential Apartment,
RESIDENTIAL zoning district which lists community residential facilities as a
FACII.ITT conditionally permitted use. The property address is 230 Fourth Avenue
West, Kalispell.
StaffReport Wilson gave a detailed presentation of report #KCU 99-2. The
application was reviewed in accordance with all the necessary criteria and
staff recommended the conditional use permit be granted subject to five
(5) conditions.
Public Hearing The public hearing was opened to those in favor.
In Favor Peggy Junge, spoke in favor. Her and her husband selected this house
after looking at many, because of the size of the home and the
neighborhood. It was repossessed by the bank which is why it is in the
condition it is in. We have started to address the problems of neglect and
have no problem with any of the conditions.
Kalispell City -County Planning Board
Mirmtes of Meeting of Febrtiary 10,1996
Page 6ofit
No one else spoke either in favor or in opposition to the proposal. The
public hearing was closed and it was opened to Board discussion.
Board Discussion There was discussion on the parking requirements. Mr. Amp explained
their parking plan. The Board had no other concerns with the proposal.
Motion Brenneman moved to adopt staff report # CCU-MZ as findings of fact
and forward a favorable recommendation to City Council to gram the
conditional use permit to allow the operation of Harmony House subject
to the five conditions. Bahr seconded. On a roll call vote, the motion
carried 7-0 in favor.
ARMSTRONG The next public hearing was introduced on a request by David Armstrong
CONDITIONAL, for a conditional use permit to allow the conversion of the First Avenue
USE PERMIT I West restaurant and bar, to a casino, to be known as First Avenue Cam
CASINO in a B-4 zoning district, the Central Business District, which lists casinos
as a conditionally permitted use. The property address is 127 First
Avenue West, Kalispell.
Staff Report Wilson gave a detailed presentation of report #KCU-98-1. After
evaluation of the application, staff recommended four conditions of
approval upon granting the conditional use permit.
Public Hearing The public hearing was opened to proponents of the proposal.
In Favor Dave Armstrong, 2390 Dillon Road, Whitefish, the applicant, stated that
over the last four years, 1` Avenue West Restaurant has operated in the
red, partly due to the cost of a liquor license because of gaming. The
only way we feel that we can afford to do this project is to have the 20
gaming machines. We will- preserve the integrity of the building, both
inside and outside. There won't be a lot of lights, just a strip of neon
around the top of the building. The restaurant will serve nice meals.
Brian Godimus, 127 Waverly Place, Whitefish, director of operations,
said we want to make it a fun establishment that will be a nice addition to
the Kalispell business community.
Kim Larsen, the architect on this project, explained ' the minor changes
they plan.
No one else spoke either in favor or in opposition. The public hearing
was closed, and opened it to Board discussion.
Kalispell City -County Planning Board
Minutes of Meeting of Febn ary 10, 1998
Page Tof 8
Board Discussion There was discussion on the signage and parking. No comments were
received from any of the adjacent property owners.
Motion Bahr moved to adopt report WCU 98-1 as findings of fact and
recommend the City Council grant the conditional use permit to allow a
casino in the B-4 district, subject to the four conditions. Johnson
seconded. On a roll call vote Johnson, Hesneke, Brennan, Stevens,
Bahr, Carlson, and Garberg voted aye.
NEW BUSINESS Wilson gave an update on the progress made on rewriting the Kalispell
Zoning Ordinance. She proposed putting several chapters that have been
fine-tuned under new business for Board review, discussion and revision,
for subsequent public hearing.
An orientation meeting for the new Planning Board members was
suggested.
Carlson shared information on a Land Use Conference in Deaver on
March 12-13 sponsored by the University of Denver's School of Law
and Rocky Mountain Land Use Institute.
OLD BUSINESS Under old business was consideration of rezoning in the Foys Lake area
Wilson reviewed her memo to the Board
The Board discussed the proposal as part of the master plan update.
The master plan study committees are in need of volunteers. Greg
Stevens and Don Hines (member at large) volunteered to be on the
Neighborhoods and Environment committee. Don Garberg and Rob
Heineke volunteered to be on the Business and Development committee.
ADJOURNMENT The meeting was adjourned at 9:27 p.m.
Milton L Carlson, vice -Chair
Elizabeth Ontko, Recording Secretary
Kalispell City -County Planning Board
Miinum of Meeting of February 10,1998
Page 8of 8