Loading...
04. Resolution 5257 - Annexation Glacier Town CenterCity of Kalispell Planning Department 17 - 2"d Strcet East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751--1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council F'R INE Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Wolford Development Montana, LLC -Annexation and Initial Zoning of R-3 (Urban Single Family Residential), R-4 ('Iwo Family Residential), B-1(Neighborhood Buffer District), and B-3(Community Business) MEETING DATE: January 22, 2008 BACKGROUND.* The Kalispell City Planning Board met on November 27, 2007 and held a public hearing to consider a request for annexation of a 485.5 acre project site into the city of Kalispell with four zoning districts placed on the project site, B-3, B-1, R-4, and R-3. The 485.5 acre project site is located above West Reserve Drive and spans the distance between Highway 93 North and whitefish Stage Road. The project site is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater River, west Reserve Drive and Semi tool along its southern boundary, Highway 93 North along it's western boundary, Whitefish Stage Road along it's eastern boundary and a combination of state owned land and lands within the city and county along it's northern boundary. The 485.5 acre project site includes assessor's tracts 2C, 2D7 6A, 11 37 47 1 B, 1 C, 1 CA, 1 B, 1 F, 1 G, 2C, ZCA and is located within portions of Sections 19 and 30 of Township 29 North, Range 21 West, Principle Meridian, Flathead County, Montana. After the public hearing the board discussed the project proposal and unanimously recommended the city council approve the requested initial zonings of R-3, R-4, B-1, and B--3 for the 485.5 acre project site. RECOMMENDATION: A motion to approve the resolution annexing the property and approve the first reading of the ordinance for initial zoning of R-3 (Urban Single Family Residential), R-4 (Two Family Residential), B- 1 (Neighborhood Buffer District), and B- 3(Community Business) would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled January 17, 2008 c: Theresa White, Kalispell City Clerk ames H. Patrick City Manager Return to. Theresa 'white Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO, 5257 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 ON EXHIBIT "A" AND LOCATED IN PORTIONS OF SECTIONS 19 AND 30 OF TOWNSHIP 29 NORTH, MANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, To BE KNOWN AS GLACIER TOWN CENTER ADDITION NO.401; To ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND To DECLARE AN EFFECTIVE DATE. WHEREAS, Wolford Development Montana, LLC owns approximately 455.5 acres of real property described within Exhibit "A" attached hereto and incorporated fully herein by this reference, and included within assessor's tracts ZC, 2D, f A, I , 3, 4, I B, 1 C, 1 CA, 1 E, 1 F, 1 G, 2C, 2CA and located in portions of Sections 19 and 30 of Township 29 North, Range 21 West, Flathead County, Montana which currently has Flathead County zoning classifications of B-2, General Business, SAC--10, Suburban Agricultural, SAG-5, Suburban Agricultural and R-1, Suburban Residential; and WHEREAS, the property is located above West Reserve Drive and spans the distance between Highway 93 Forth and Whitefish Stage Road, The project site is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive and Semitool along its southern boundary, Highway 93 Forth along it's western boundary, Whitefish Stage Road along it's eastern boundary and a combination of state owned land and lands within the city and county along it's northern boundary; and WHEREAS, Wolford Development Montana, LLC filed all necessary documents and waivers to petition the City of Kalispell to annex the above described real property into the City and receive initial zoning as required by state law; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, Amended Staff Report #KA-07-17, dated December 11, 2007; and WHEREAS, the Kalispell City Planning Board properly noticed and held a Public Hearing on the matter on November 27, 2007 and on December 11, 2007 and after considering all written and oral public comment as well as all other evidence provided through the above described staff reports recommended that the initial zoning be R-3 - Urban Single Family Residential, R-4 - Two Family Residential, B-1- Neighborhood Buffer District, and B-3 - Community Business, with two Planned Unit Development overlays, upon annexation to the City of Kalispell; and WHEREAS, the Kalispell City Council properly noticed and held a Public Hearing on the matter on January 7, 2008 and received oral and written evidence from the public at that time; and WHEREAS, in making these findings of fact the Kalispell City Council considered the following evidence: a) Amended Kalispell City Planning Office Staff Report KA-07-17, KPUD-07-6 and KPP-07-12 b) All application and other materials provided by applicant including letters received by applicant from the Montana Department of Transportation dated November 27, 2007 and November 28, 2007 c) Minutes of the Kalispell City Planning Board meetings and public hearing dated 11 /27/07 and 12/ 11/07 d) Submittal materials of Kalispell City Planning Board President Bryan H. Schutt dated December 20, 2007 e) Response letter from CTA, applicant's agent, commenting on conditions of approval for Glacier Center PUD and Preliminary Plat approval dated November 27, 2007 f) All evidence, written and oral, provided by the public at the City Council Public Hearing dated January 7, 2008 g) All other written evidence provided in public comment materials received in to the City Clerk's Office on or before January 22, 2008 including the January 4, 2008 Montana Department of Transportation letter to Representative Jon Sonju h) All oral testimony provided at the "Public Speaks' portion of the January 22, 2008 Kalispell City Council meeting WHEREAS, the City of Kalispell finds it in the best interests of the City and its citizens to annex the above described 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 above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Glacier Town Center Addition No. 401. SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL. AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 22ND DAY OF JANUARY, 2008. Pamela B . Kennedy Mayor ATTEST: Theresa white City Clerk