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