03. Resolution 5005 - Annexation - Spring Creek EstatesTri-City Planning Office
17 Second Street East Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity* centurytel.net
www.tricity planning-mt.coni
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Janes H. Patrick, City Manager
SUBJECT Spring Creek Estates -Annexation and Initial Zoning of R-3,
Urban Single Family Residential - Three Mile Drive
MEETING DATE: May 2, 2005
BACKGROUND: This is a request for annexation and an initial zoning designation of
R-3, Urban Single Family Residential, on approximately 51.1 acres. The property is
located on the south side of Three Mile Drive and east of West Spring Creek Road. A
preliminary plat for a 174 lot subdivision has been filed concurrently with the
annexation and zoning request.
The Kalispell Planning Board held a public hearing on April 12, 2005 to consider the
proposed zoning. Staff recommended initial zoning of City R-3, Urban Single Family
Residential based on the surrounding City zoning and the Kalispell Growth Policy.
Jeff Larsen, representing the applicant, spoke in favor of this project stating they felt
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Birk, developer, stated they wanted to offer something more traditional and the alleys
helped to address some utility issues. They both asked that the City take the alleys
for ownership and maintenance once constructed to the City's specifications. At the
public hearing two people from the neighborhood spoke in opposition stating they
have one acre lots to the south and felt this subdivision would affect their property
values. They asked that buffering, larger lots, a park or some other provision be made
to buffer the subdivision from their neighborhood.
After the public hearing the board discussed the proposal and agreed the R-3 zoning
was appropriate considering the size of the lots and the overall subdivision design. A
motion was made and passed unanimously to forward a recommendation that initial
zoning for this property should be R-3, Urban Single Family Residential, upon
annexation.
RECOMMENDATION: A motion to approve the resolution annexing the property and
the first reading for the zoning ordinance would be in order.
FISCAL EFFECTS: Limited positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council,
Providing Community Planning Assistance To:
® City of Kalispell m City of Whitefish ® City of Columbia Falls
Spring Creek Estates Annexation and Initial Zoning
April 27, 2005
Page 2
Respectfully submitted,
Narda A. Wilson
Senior Planner
Report compiled: April 27, 2005
c: Theresa White, Kalispell City Clerk
f
�Jazra�s.atrick
City Manager
Attachments: Transmittal letter
Staff report #KA-05-4 and application materials
Draft minutes from 4/ 12/05 planning board meeting
TRANSMIT\KALISPEL\2005,KAO5-5 KPUD-5-2MEM
RESOLUTION NO. 5005
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 AS ASSESSOR'S TRACT 4C
IN THE NORTH 1/2 OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS SPRING CREEK ESTATES
ADDITION NO. 361; 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 Tim Birk, the owner of property
located on the south side of Three Mile Drive, east of West Spring Creek Road,
requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Birk's Annexation Request, ##KA-
05-4, dated April 5, 2005, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-3, Urban Single Family Residential on approximately 51
acres upon annexation into the City of Kalispell, 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 FOi LO vv 3.
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 Spring Creek Estates Addition No. 361.
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, Iaws 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 2ND DAY OF MAY, 2005,
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East— Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (405) 751-1858
trieity�.centurytel.net
www.tricitypianning-mt.com
April 27, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Spring Creek Estates - Annexation and Initial Zoning of R-3, Urban Single Family
Residential - Three Mile Drive
Dear Jim:
The Kalispell City Planning Board met on April 12, 2005, and held a public hearing to
consider a request for annexation and an initial zoning designation of R-3, Urban Single
Family Residential, on approximately 51.1 acres. The property is located on the south
side of Three Mile Drive and east of West Spring Creek Road. A preliminary plat for a
174 lot subdivision has been filed concurrently with the annexation and zoning request.
Narda Wilson of the Tri-City Planning Office presented staff report #KA-05-4, evaluating
the proposed zoning. Staff recommended initial zoning of City R-3, Urban Single Family
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Jeff Larsen, representing the applicant, spoke in favor of this project stating they felt this
was a good design with the alley access and the future road extensions, Tim Birk,
developer, stated they wanted to offer something more traditional and the alleys helped
to address some utility issues. They both asked that the City take the alleys for
ownership and maintenance once constructed to the City's specifications. At the public
hearing two people from the neighborhood spoke in opposition stating they have one
acre lots to the south and felt this subdivision would affect their property values, They
asked that buffering, larger lots, a park or some other provision be made to buffer the
subdivision from their neighborhood.
After the public hearing the board discussed the proposal and agreed the R-3 zoning was
appropriate considering the size of the lots and the overall subdivision design. A motion
was made and passed unanimously to forward a recommendation that initial zoning for
this property should be R-3, Urban Single Family Residential, upon annexation. The
legal description of the property to be annexed is attached as Exhibit A.
Please schedule this matter for the May 2, 2005 regular city council meeting. You may
contact this board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Providing Community Planning Assistance To:
City of Columbia Falls • City of Kalispell - City of Whitefish
Spring Creek Estates Annexation and Initial Zoning
April 27, 2005
Page 2
Sincerely,
Kalispell City Planning Board
George Taylor
President
GT/NW/ma
Attachments: Petition to annex (original)
Exhibit A - legal description
Staff report #KA-05-4 and application materials
Draft minutes 4/ 12/05 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Tian Birk, 2239 Lower Valley Rd., Kalispell, MT 59901
Larsen Eng 8v Surveying, Inc., Box 2071, Kalispell, MT 59903
KIRK/SPRING CREEK ESTATES
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TRI-CITY PLANNING OFFICE
STAFF REPORT ##KA-05-4
APRIL 5, 2005
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
the initial zoning of R-3 upon annexation to the city on property in northwest Kalispell.
A public hearing has been scheduled before the planning board for April 12, 2005
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
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 property
owners have petitioned annexation and initial zoning classification of R-3, Urban Single
Family Residential. The property is in the County zoning jurisdiction and is zoned
County AG-80 West Valley Overlay, an Agricultural designation. This property will be
annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A.,
Annexation by Petition. A preliminary plat, Spring Creek Estates, creating 174 lots on
approximately 51 acres has been filed concurrently with the petition to annex.
A. Petitioner and Owners:
Technical Assistance:
Tim Birk
2239 Lower Valley Road
Kalispell, MT 59901
(406) 250-8729 ,
Larsen Engineering and Surveying, Inc.
P.O. 2071
Kalispell, MT 59903
(406) 752-7808
B. Location and Legal, Description of Property: The property proposed for
annexation lies on the south side of Three Mile Drive easterly of West Spring
Creek Road and immediately east of the BPA Transmission corridor. The property
can be described as Assessor's Tract 4C in the N2 of Section 11, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana.
C. Mcisting zoning- The property is currently in the County zoning jurisdiction and
is zoned AG-80 West Valley Overlay, an Agricultural zoning designation with an
80-acre minimum lot size requirement for newly created lots but in which a
density of one dwelling unit per five acres may be allowed within an agricultural
cluster development and the set aside of open space. This is part of the West
Valley Neighborhood Plan area and associated West Valley Zoning.
D. Proposed Zoning: The zoning designation being proposed for this property is
City R-3, Urban Single Family Residential. The R-3 zoning district is intended
primarily for detached single-family dwellings. It has a minimum lot size
requirement of 7,000 square feet and a minimum lot width of 60 feet. Setbacks
are 20 feet in the front and rear and five feet on the sides. This zoning reflects the
lots that are being proposed in the subdivisions with regard to lot size and the
single family hordes intended for development.
E. Size: The property proposed for annexation and initial zoning contains
approximately 51.1 acres.
F. Existing Land Use: Currently this property is vacant land historically utilized for
agricultural, purposes.
G. Adjacent Laud Uses and Zoning: The immediate area is characterized as a rural
suburban residential neighborhood undergoing urbanization as sewer and water
are extended out from Kalispell and adjacent lands are developed at urban scale
density. The preliminary plat of Aspen Creek lies immediately to the east. The
preliminary plat of Mountain Vista Estates lies to the north across Three Mile
Drive.
North: Preliminary platted Mountain, Vista Estates subdivision intended for
single family and two unit townhouse residences, City R-2 PUD
zoning
East: Preliminary Platted Subdivision. of Aspen Creek with two unit
townhouses and single family residences, City R-2 PUD zoning
South: Undeveloped agricultural lands (AG 80) and Aspen Knoll (County
R-2), a county single family development on a community well and
individual septic systems.
West: Agricultural Lands zoned AG-80, West Valley Overlay.
H. General Land Use Character: The area can be described as an area in transition
with urban sized lots in various stages of development where public utilities have
been extended or are available. New subdivisions in the area include Mountain
Vista Estates which is a mixture of single fancily and two unit townhouses, Aspen
Creek with a mixture of two, three and four unit townhouses, Blue Heron. Estates,
single family homes and limited two unit townhouses, and Bowser Creek Estates, a
mix of single family and two unit townhouses. This is an area of rapid transition
from a suburban and rural environment to an urban environment because of the
availability of utilities.
L Availability of Public Services and Extension of Services: Public services,
including City water and sewer can be provided to this site_ Public water and sewer
were extended into the area with other development in the immediate vicinity.
Water and sewer services are provided by the City of Kalispell.
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.
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The property is designated by the Kalispell Growth Policy 2020 as "Suburban
Residential" which is defined as anticipating up to four dwellings per acre. The
property owner is proposing the creation of 174 lots intended for single family
dwellings on approximately 51 acres. This would create a density of 3.4 units per
acre. Because of the plans for the provision of public water and sewer to the
site, this density can be adequately served. The proposed zoning complies with
the type of development anticipated under the growth policy.
2. Is the requested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed development of the property that willbe
associated with the zoning will increase traffic impacts in the area due to the
undeveloped nature of the area currently. Traffic impacts to the area can be
accommodated with the existing roadway systems at hand and the new internal
roads that will be developed as part of this subdivision. The proposed zoning
carries with it the checks and balances, including the need for subdivision review,
which will insure that traffic flows and access are appropriately addressed. The
potential densities afforded by this zone will not overtax the existing road system.
3. Will the requested zone secure safety from fire anic and other dangers?
At the time this property is developed, the property owners will be required to
ensure that there is adequate infrastructure in the case of an emergency. There
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are no ic�Guaca rcicttcu to uic propei%y w11-11-:tt w1Ju1U co1L1pro111.ise ulc ai-UcLy uI wIc
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 property and will be utilized at the time another lot is created in the future.
4. Will the requested zone promote the health and general welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties and, provides a place for new housing in the community.
5. 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.
6. Will the re uested zone 2revent the overcrowding of land?
As previously noted, this area has been anticipated for urban residential
development and since public water and sewer are available to the area the
urban land use designation is appropriate. The anticipated density falls within
the proposed zoning designations. All public services and facilities will be
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district?
The general character of the area is transitional between the urban and rural
fringes of the City limits. The proposed zooming allows this development to address
needs within the community for housing and support services on public services
and in reasonable proximity to the City core. Recent annexations in the area
indicate that this type of development will continue to occur on the urban fringes
of the community to be developed with similar types of uses as is proposed with
this property, i.e. urban residential rather than rural. It appears that the
proposed rezoning gives reasonable consideration to the character of the district.
11. Will the proposed zone conserve the value of buildings?
There are similar subdivisions planned or underway in the immediate area. The
development anticipated under the proposed zoning is similar in nature to those
in the areas to the north, south, east and merest because of the availability of public
services and utilities. City standards will ensure that there is high quality
development that will ensure the value of buildings and homes is protected,
maintained and conserved. Value of the buildings in the area will be conserved
because the 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 Mpropriate use of the land
throe mahout the municipality?
,
Urban development is encouraged in areas were services and facilities are
available such as the subdivision being proposed on this parcel. The proposed
zoning is consistent with the growth policy plan and surrounding zoning in the
area.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
the findings in staff report #KA-05-4 and recommend to the Kalispell City Council that
the initial zoning for this property upon annexation be R-3 as proposed.
T'i
RF,PORTs \KA\KA05-4.DOC
PETITION TO Aiv NEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the Cite of Kalispell for annexation of the real property- described below, into the Cite of
Kalispell.
The Petitioner(s) requesting Cite of Kalispell annexation of the property described Herein and
further described in Exhibit A Hereby €nut€raily 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 savor manner as such services
are provided or made available to other properties within the rest of the municipality.
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_ iiM.C. A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioners) further Herein express an intent to have the property as herein described
withdrawn from the W � � � � Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated: and that incorporated into this Petition to Annex 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_
In the event the property is not immediately annexed_ the Petitioner(s) 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 property.
This City hereby agrees to allow Petitioner(s) to connect and receive die utilities from the Cite of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the Citv of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property nnnn n of V rs from d17 of annexation.
Petitioner/0-omer Date
Petitioner/Owner Date
Please return this petition to:
Tri-City' Planning Office
17 2'd St East. Suite 211
Kalispell MT 59901
NOTE.: You must attach an Exhibit A that provides a bona fide legal description of the property
to be annexed that has been reviewed and certified by the Flathead Cowin- Plat Room.
STATE OF MONT ANA )
ss
County of Flathead County
On this v-—dac of fore ine, the undersivned. a votary Public for be
the State of Montana. personall,; appeared-/�� fir _ known
to me to be the person whose name is subscribed to the foregoing g nu an t l no« Iedged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set anv han d fixp-rd�_ ay and
year ira this certificate first above uritten.� �T'.'
STATE OF MONTANA )
ss
County of Flathead County
Notary
My Cornrnissi
On this day of . 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 instrrnnent and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereiuito set my hand and affixed my Notary Seal the dav_ and
year in this certificate first above written.
STATE OF MON-TANA )
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of 1 , before rare. the unde:sigiied. a Notan, 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 instrurnent
on behalf of said corporation. and acknowledged to one that such corporation executed the same.
IN WITNESS WHEREOF. I have hereruito set rnv hand and affixed my Notary Seal the day and
year in this certificate first above, written.
Notan- Public. State of Montana
Residing at
MN- Commission expires
EXHIBIT A
TIM BIRK/ SPRING CREEK ESTATES
STAFF REPORT #KA-05-04
Legal. Description
The property is described as Tract 1 of Certificate of Survey No. 16428 in
Section 11, Township 28 North, Range 22 West, P.M.M. Flathead County,
Montana.