2. Resolution 4916 - Annexation - Western Montana Mental Health CenterREPORT TO:
FROM:
SUBJECT
Tri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricityplanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Montana Mental Health Center - Initial Zoning Upon Annexation -
R-4, Two Family Residential, South Side of 8th Ave West
MEETING DATE: August 2, 2004
BACKGROUND: This is a request Western Montana Mental Health Center for an initial
zoning designation of R-4, Two -Family Residential, on approximately 1.73 acres. The
property proposed for annexation lies on the south side of 8th Street West at the south end
of 13ih Avenue West. Filed concurrently with the petition to annex is a request for a
conditional use permit to allow a community residential facility for a group home for
mentally disabled adults. The staff recommended approval of the request noting that this
is consistent with other zoning in the area.
A public hearing was held before the Kalispell City Planning Board at a meeting of July 13,
2004 regarding this request. A representative from the Western Montana Mental Health
Center explained the 24 / 7 care needed for these individuals. There were no other
members of the public present to speak either in favor or in opposition to the request.
The board discussed the potential for future subdivision of the property although none is
proposed at the time and the need for improvements to 8th Avenue West. A motion to
recommend R-4 zoning upon annexation passed on a unanimous vote.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4 zoning
upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
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Narda A. ilson, Chris A. Kukulski
Senior Planner City Manager
Report compiled: July 23, 2004
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Western Montana Mental Health Center - Annexation and Initial Zoning
July 23, 2004
Page 2
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report KA-04-13 and application materials
Draft minutes from'7/13/04 planning board meeting
TRANSNIIT\KALISPEL\2004\KA04-13MEMO
RESOLUTION NO. 4916
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS WMTNIHC ADDITION NO.351;
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 the Western Montana Mental
Health Center, the owner of property located on the south side of 8th Street West at
the south end of 13th Avenue West, requesting that the City of Kalispell annex the
territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on the Center's Annexation Request,
#KA-04-13, dated July 7, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-4, Two Family Residential, on approximately 1.73 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 FOLLOWS:
SECTION I. That all the real property as described on 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 WMTMHC Addition No. 3 S 1.
SECTION H. 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 bythe
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 2ND DAY OF AUGUST, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Order Number: STK 100019
LEGAL DESCRIPTION
That portion of the Northwest Quarter of the Southwest Quarter of Section 18, Township 28
North, Range 21 West, M.P.M., Flathead County, Montana, described as follows:
Commencing at the Southeast corner of the Town of Ashley; thence
South 00'50'15" West 261.40 feet; thence
South 47010'23" West 28.70 feet; thence
South 88034'46" West 233.55 feet; thence
South 89°33' 10" West 345.88 feet to the Point of Beginning; thence retracing
North 89°33' 10" East 345.88 feet; thence
North 01'28'20' East 286.76 feet to the South line of Eighth Street West; thence along the south
line of the street
West 181.80 feet, more or less, to the centerline of Ashley Creek; thence along the centerline of
Ashley Creek 380 feet, more or less, to a point which bears West from the Point of Beginning;
thence
East 36.82 feet, more or less, to the Point of Beginning.
Parcel A of Certificate of Survey No. 10314
Less and excepting therefrom any right, title or interest in any minerals, mineral rights or related
matters, including but not limited to oil, gas, coal, and other hydrocarbons.
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
trici��centurVtel.net
www.tricitypianning-mt.com
July 23, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Western Montana Mental Health Center - Initial Zoning Upon Annexation of
R-4, South Side of 8th Street West
Dear Chris:
The Kalispell City Planning Board met on July 13, 2004, and held a public hearing to
consider a request by Western Montana Mental Health Center for an initial zoning
designation upon annexation of R-4,Two-Family Residential, on approximately 1.73
acres. The property proposed for annexation lies on the south side of 8tn Street West
at the south end of 13th Ave West. A request for a conditional use permit for a
community residential facility for eight or fewer people was filed concurrently with the
petition to annex to allow a group home for five mentally disabled people.
Narda Wilson of the Tri-City Planning Office presented staff report KA-04-13,
evaluating the proposed zoning. She noted the R-4 zoning is consistent with the
growth policy for the area and the surrounding zoning. Staff recommended approval
of the proposed R-4 zoning.
At the public hearing a representative of Western Montana Mental Health Center
addressed the board and explained the operation of the facility and the need for 24 /
7 care of the clients. She also explained they needed to connect the existing five
bedroom home to City water and sewer which is in close proximity to the property.
The board discussed the location of water, sewer and roads in the area and noted that
there was some potential for subdivision of the property in the future. A motion to
recommend R-4 zoning upon annexation passed on a unanimous vote.
Please schedule this matter for the August 2, 2004 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
Western MT Mental Health Center Annexation and Initial Zoning
July 23, 2004
Page 2
Sincerely,
Kalispell City Planning Board
�-111�e.ylorJJ f
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President
GT/ NW /ma
Attachments: Petition to annex (original)
Exhibit A - legal description
Staff report KA-04-13 and application materials
Draft minutes 7/ 13/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Patty Kent, Western Montana Mental Health Center, Bldg T-9 Fort
Missoula, Missoula, MT 59804
Candice Powell, 410 Windward Way, Kalispell, MT 59901
TRANSMIT/ KALISPELL/2004/KA04-13 Western MT Mental Health Center
WESTERN MONTANA MENTAL HEALTH CENTER
REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-04-13
JULY 7, 2004
A report to the Kalispell City Planning Board and the Kalispell City Council regarding the
initial zoning of R-4 upon annexation to the city on property in southwest Kalispell. A
public hearing has been scheduled before the planning board for July 13, 2004 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
Citv zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning
Ordinance. The property owner has petitioned annexation and initial zoning
classification of R-4, a Two Family Residential district. The property is in the County
zoning jurisdiction and is zoned County R-1, a Suburban Residential district. This
property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610,
M.C.A., Annexation by Petition.
Concurrent with the petition to annex, a request for a conditional use permit to allow a
community residential facility (group home) for eight or fewer people has been filed
concurrently with this application.
A. Petitioner and Owners: Western Montana Mental Health Center
Bldg T-9 Form Missoula
Missoula, MT 59804
(406) 532-8414
Candice Powell
410 Windward Way
Kalispell, NIT 59901
(406) 257-1336
B. Location and Legal Description of Property: The property proposed for annexation
lies on the south side of 8th Street West at the south end of 13th Avenue West. The
property proposed for annexation and initial zoning can be described as Assessor's
Tract 4 or Parcel A of Certificate of Survey No. 10314 located in Section 18,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Existing zoning: The property is currently in the County zoning jurisdiction and is
zoned R-1, Suburban Residential. The Suburban Residential district is intended to
serve as an area where limited density would be encouraged such as in the 100-year
floodplain or on steep slopes or in areas where estate type development is anticipated.
D. Proposed Zoning: City R-4, Two -Family Residential, has been proposed for the
property. The R-4 zoning district allows duplexes and single-family dwellings as
permitted uses. The minimum lot size for the district is 6,000 square feet and a
minimum lot width of 50 feet -with setbacks of 15 feet in the front, ten feet in the rear
and five feet on the sides. This zoning is consistent with the zoning assignment for
the contiguous subdivision, Meadow Creek and existing properties to the north.
1
E. Size: The area proposed for annexation and initial zoning contains approximately
1.73 acres.
F. Existing Land Use: Currently this property is being used for single-family residences
where the group home is proposed.
G. Adjacent Land Uses and Zoning: The immediate area is characterized by single-
family homes on urban sized lots in the area to the north as well as duplexes and two
unit townhouses to the east. Ashley Creek lies to the south.
North:
Single-family and duplex homes, City R-4 zoning
East:
Two unit townhouses; City R-4 zoning
South:
Ashley Creek and single family homes, County R-1 zoning.
West:
Single family homes, County R-i zoning
H. General Land Use Character: The area can be described as a transitional area
between the urban areas of Kalispell to the east and the more rural undeveloped area
of the County to the south and west. The immediate area is characterized by single-
family and duplex homes on urban sized lots in the area with larger single-family
homes on the larger lots to the west and south. An urban density residential
subdivision, Meadow Creek lies to the east of this property.
I. Availability of Public Services and Extension of Services: City water and sewer,
will be provided to serve the existing dwelling via service lines and no main extension
appears to be needed. Impact to public services will be negligible.
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 growth policv?
The property is designated by the Kalispell Growth Policy fixture land use map as
"Urban Residential" which anticipates residential development with a density of
between four to 12 dwelling units per acre. Because of the provision of public water
and sewer to the site, the proposed R-4 zoning designation is in compliance with the
future land use designation for the area. The R-4 zoning has a minimum lot size
requirement of 6,000 square feet with each lot allowing a duplex or a base density of
one dwelling per 3,000 square feet. This same development pattern is reflected in
the R-4 zoned subdivision to the east. The proposed zoning is in compliance with
the anticipated land use for the area which anticipates a mix of single-family and
duplex dwellings in urban residential areas.
2. Is the requested zone designed to lessen congestion in the streets?
All of the improvements and infrastructure in this immediate area have been
constructed to City standards. Traffic in the area will not increase since the
2
property has already been developed with the existing single family home which will
remain. If future redevelopment of this property were to occur, any impacts to
traffic would be insubstantial.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would compromise
the safety of the public. All municipal services including police and fire protection,
water and sewer service are available to the area and have been extended as part of
the development of Meadow Creek Subdivision and other development in the area.
4. 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 providing consistence in the anticipated zoning and uses in the area.
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 requested zone prevent the overcrowding of land?
As previously noted this area has been anticipated for urban residential
development. Public water and sewer are available to this property. An
overcrowding of land would occur if infrastructure were inadequate to accommodate
the development in the area.
7. 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.
8. 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. Development should be encouraged in areas where these services are
available.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed R-4 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 give reasonable consideration to the character of the
district?
The general character of the area to the east is urban sized lots for residential
development. A group home is anticipated to be operated in the existing residence
and no change to the home or land is anticipated to occur any time soon.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-4 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?
Urban scale 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 fixture land use designations for the area and
surrounding zoning in the area.
RECOMMENDATION
it recommended that the Kalispell City Planning Board and Zoning Commission adopt the
findings in staff report KA-04-13 and recommend to the Kalispell City Council that the
initial zoning for this property upon annexation be R-4, Two Family Residential.
REP0RTS\1PAV04\IfA04-13.D0C
MIN
4
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
TRI-CITY PLANNING
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT:
I
MAIL ADDRESS:
CITY/STATE/ZIP: N I > 'Z } i— i !S`i I s PHONE: 5 3 Z -Sq 14
INTEREST IN PROPERTY:
Other Parties of Interest to be
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE%ZIP:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
PHONE:` T 3
Address of the property:
Legal Description: 'i3z L i 1 T 2 R i L i
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac) (3 rk{l"c
The present zoning of the above property is: Cj2.. -7k� I
The proposed zoning of the above property is:
State the changed or changing conditions that make the proposed amendment necessary:
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Tri-City Planning staff to be present on the
property for routige RSga tion during tt C annexation process.
It 1/
(Applicant) (Date)
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