02. Resolution 4903 - Annexation - Les & Barbara PriceREPORT 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.tricitypianning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Les and Barbara Price - Initial Zoning Upon Annexation
13-1, Neighborhood Buffer District, west side of Meridian Road
MEETING DATE: July 6, 2004
BACKGROUND: This is a request by Les and Barbara Price for an initial zoning
designation of B-1, Neighborhood Buffer District on approximately one half acre. The
property proposed for annexation lies on the west side of Meridian Road south of Center
Street. There is a single family home on the property which will likely be converted to an
office use. The property is currently in the county and is zoned County R-5, Two Family
Residential.
A public hearing was held before the Kalispell City Planning Board at a meeting of June 9,
2004 regarding this property. At the public hearing Barbara Price spoke in favor of the
request and explained their future plans for this property. She stated she felt the B-1 was
a good fit for the neighborhood and was consistent with other uses in the area. No one else
spoke either in favor or in opposition to the proposal. After the public hearing the board
discussed the annexation. A motion was made and passed unanimously to forward a
recommendation that initial zoning for this property should be B-1, Neighborhood Buffer
District, upon annexation to the city,
RECOMMENDATION: A motion to adopt the first reading of the ordinance for B-1 zoning
upon annexation would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
1
Narda A. Wilson,
Senior Planner
Minor positive impacts once fully developed.
As suggested by the city council.
cqjL�"(
Chris A. Kukulski
City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Pierce Annexation and Initial Zoning
June 21, 2004
Page 2
Report compiled: June 21, 2004
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report KA-04-8and application materials
Draft minutes from 6/9/04 planning board meeting
Cost of Services Analysis
TRANSMIT\KALISPEL \2004 \KA04-8MEMO
RESOLUTION NO. 4903
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN AtNNEXATION CERTAIN
REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS PRICE ADDITION NO.348; 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 Les and Barbara Price, the owners
of property located on the west side of Meridian Road, south of Center Street,
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 Price Annexation Request,
#KA-04-8, dated June 3, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City 13-1, Neighborhood Buffer District, on approximately one —
half acre 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 Price Addition No. 348.
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 IIL 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 6TH DAY OF JULY, 2004,
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: (406) 751-1858
tricity centurytel.net
www.tricitypianning-mt.com
June 21, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Les and Barbara Price - Initial Zoning Upon Annexation -
B-1, Neighborhood Buffer District, on the west side of Meridian Road
Dear Chris:
The Kalispell City Planning Board met on June 9, 2004, and held a public hearing to
consider a request by Les and Barbara Price for an initial zoning designation of B-1,
Neighborhood Buffer District on approximately one half acre. The property proposed
for annexation lies on the west side of Meridian Road south of Center Street. There is
a single family home on the property which will likely be converted to an office use.
The property is currently in the county and is zoned County R-5, Two Family
Residential.
Narda Wilson of the Tri-City Planning Office presented staff report KA-04-8,
evaluating the proposed zoning. Staff recommended initial zoning of City B-1,
Neighborhood Buffer District which is consistent with the growth policy for the area
and the types of uses that would be anticipated. Wilson explained the property
owners wanted to remove the garage to the north and possibly do some multifamily
dwellings as well as convert the home to an office.
At the public hearing Barbara Price spoke in favor of the request and explained their
future plans for this property. She stated she felt the B-1 was a good fit for the
neighborhood and was consistent with other uses in the area. No one else spoke
either in favor or in opposition to the request. After the public hearing the board
discussed the request and a motion to recommend B-1 zoning upon annexation
passed on a unanimous vote.
Please schedule this matter for the July 6, 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
Pierce Annexation and Initial Zoning
June 21, 2004
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-04-8 and application materials
Draft minutes 6/9/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Les and Barbara Price, 1340 Fourth Ave East, Kalispell, MT 59901
TRANSMIT/ KALISPELL/ 2004 / KA04-8
Pierce Annexation and Initial Zoning
June 21, 2004
Page 3
EXHIBIT A
LES AND BARBARA PRICE
ANNEXATION AND INITIAL ZONING OF B-1
LEGAL DESCRIPTION
Lot IA of the Amended Plat of Lots 1 8s 10 of Hollister's Meridian Tracts, a
platted subdivision in Section 13, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana.
PETITION TO AN NEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigaed hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A 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 to other properties within the rest of the municipality.
Petitioners) 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.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the S i }!L 14,1 Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; an4 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 the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioners) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7 L-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
tronerf/Owner Dat
Petitioner/Owner °date /
Please return this petition to:
Tri-City Planning Office
' nd St East, Suite 211
Kalispell MT 59901
NOT,: You must attach m Exhibit A that provides a bona Tide leaai description of :die property
to be annexed that has been reviewed anal ce:-cified by he?fathead Cpunth Plat Room.
STATE OF MONTANA )
ss
County of Flathead County
On this day of
the State of vlontana, persona ly
to me to be the person whose name is subscribed to the
to me that he/she executed the same.
me, the undersigned, a Notary Public for
known
and acknowledged
EN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the
day and
year in this certificate first above written. ct t� if��-c�YL-�� --✓
Notary Pu`a blic, Sta e ofiblon
Residing at�� _
My Commission expires: /7
HELEN R. JACKSON
STATE OF MONTANA ) NOTARY FUEuC t., the St&* -f AkDftt8M
Residing. at K.U.Vl, Mpnteea
: s5 MY Commission Expires March 19, 2007
County of Flathead County
On this day of I , 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 helshe executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
,the
respectively, of
and
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 WI-EREOF, I have hereunto set my ',land and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public. State of tliontana
Residing at
'!Iv C'Jmmisslon expires
COMMITMENT FOR TITLE INSURANCE
File Number: 38610
1. Effective Date: April 2, 2004 at 08:00 AM
2. Policy or Policies to be issued:
A. ALTA Own. Policy (10/17/92)
Proposed Insured:
Les R. Price
Barbara Brinton Price
B. ALTA Loan Policy (10/17/92)
Proposed insured:
First Interstate Bank
SCHEDULE A
E- Standard Coverage
Extended Coverage
11 Standard Coverage
X❑ Extended Coverage
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Jerry L. Scott
Laverne Scott
5. The land referred to in this Commitment is described as follows:
Lot 1A of THE AMENDED PLAT OF LOTS 1 & 10 OF HOLLISTER'S MERIDIAN TRACTS, according to
the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County,
Montana.
SCHEDULEA
Commitment
Reorder Form No. 11143 Rev. 10/92
(38610.pftl,38610/4)
LES & BARBARA PRICE
REQUEST FOR INITIAL ZONING OF B-1 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-04-8
JUNE 3, 2004
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
the initial zoning of B-1 upon annexation to the city. A public hearing has been
scheduled before the planning board for June 9, 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 City 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 B-1, Neighborhood Buffer District. The property is in the County
zoning jurisdiction and is zoned County R-5, a Two Family 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.
A. Petitioner and Owners: Les R. & Barbara B. Price
1340 Fourth Avenue East
Kalispell, MT 59901
(406) 261-0177
B. Location and Legal Description of Property: The property proposed for
annexation lies on the west side of Meridian Road, south of Center Street. The
property address is 10 South Meridian and can be described as Lot lA Hollister's
Meridian Tracts in Section 13, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana.
C. Existing zoning: The property is currently in the County zoning jurisdiction and
is zoned R-5, Two -Family Residential. This residential district is intended to serve
as an area served by public utilities and community facilities are available.
Duplexes are permitted.
D. Proposed Zoning: City B-1, Neighborhood Buffer District, has been proposed
for the property. The B-1 zoning district allows certain commercial and
professional office uses where such uses are compatible with the adjacent
residential areas. The minimum lot size for the district is 7,000 square feet and the
minimum lot width is 60 feet. Setbacks in the front are 20 feet; in the rear are 20
feet; and on the sides are 5 feet.
E. Size: The area proposed for annexation and zoning contains just under a half acre
(0.446 acres).
F. Existing Land Use: Currently this property is being used for a single-family
residence with an attached garage on the property near the north side of the house.
KA-04-8 Price
Pagel of4
G. Adjacent Land Uses and Zoning: The immediate area can be characterized as a
transitional area of single-family homes on urban sized lots with redevelopment
towards office and commercial uses. This parcel is one of a dozen that are not
within the City, but are wholly surrounded by it.
North: Large lot residential converted to business park, City B-2 zoning
East: Residential conversion to commercial; City B-2 zoning
South: Single family homes, County R-5 zoning.
West: Business park; City B-2 zoning
H. General Land Use Character: The area can be described as a transitional area
between the urban residential areas of Kalispell to the east and the more rural
areas of the County to the west. Growth has been limited in this area by the creek,
railroad, and mill site to the west.
I. Availability of Public Services and Extension of Services: City water serves the
site, with an on -site septic system. Water and sewer services are located within the
right-of-way along Meridian Road in front of this property and would only require
service connections to provide service to the property. Redevelopment of the site
would require full city services.
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.
Does the requested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy 2020 as "Urban Mixed
Use Area" which encourages the development of compact, centrally located
services and employment areas that provide easy connections between existing
commercial and residential neighborhoods. Because of the provision of public
water and sewer to the site and the existing and proposed bicycle and pedestrian
path along the railroad ROW, the proposed B-1 zoning designation is in general
compliance with the growth policy designation.
2. Is the requested zone designed to lessen congestion in the streets?
Because of the limited frontage (100 feet +/-) of this property, it would appear
that further subdivision of the lot would be difficult without the cooperation of
adjacent property owners. Any increase in the traffic in the area that will result
from redevelopment of this lot will have an insignificant impact to the functioning
of the streets in the area.
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. New construction will be required to be in
KA-04-8 Price
Page 2 of 4
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 classification 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 mixed uses 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.
Will the requested zone prevent the overcrowding of land?
As previously noted, this area has been anticipated for mixed use development
and since public water and sewer are available to the area and its location along
Meridian Road, the mixed use designation is appropriate. The anticipated uses
generally fall within those allowed in the proposed B-1 zoning designation. All
public services and facilities will be available to serve this property. An
overcrowding of land would occur if infrastructure were inadequate to
accommodate the development in the area. This is not the case.
7. Will the requested zone avoid undue concentration of people?
Minimum Iot standards and use standards as well as subdivision development
standards will avoid the undue concentration of people at the time the property is
further 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 13-1 zoning district is consistent with the existing and anticipated
land uses in the area and gives due consideration of the suitability of this
property for the permitted uses in the district.
KA-04-3 price
Page 3 of 4
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area to the north is urban sized lots with commercial
and professional office development. The same type of development can be
anticipated to occur on this property and will be consistent with the character of
the district.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the B-1 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 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 master plan and surrounding zoning in the area.
RECOMMENDATION:
Staff recommends that the Kalispell City PIanning Board and Zoning Commission adopt
the findings in Staff Report #KA-04-8 and recommend to the Kalispell City Council that
the initial zoning for this property upon annexation be B-1, Neighborhood Buffer
District.
NW/mdc
KA-04-8 Price
Page 4 of 4
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fag: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT: '� es R. and LFr- bo a .. i3 f7a r c e
MAIL ADDRESS: f 3t-g 4/79 '" Em.s7`
CITY/STATE/ZIP:��IjrpI 4Z N) i PHONE: o?4G1-0177
INTEREST IN PROPERTY: eWn a e-
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP:,
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
PHONE:
Address of the property:
Legal Description:407� iA /ila//�s�irs lt'%Crfaisr.r /r�s
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac) . �7tt%4:► 4C
The present zoning of the above property is:
The proposed zoning of the above property is: B -
State the changed or changing conditions that make the proposed/amendment necessary: _!�
be &..ZeAZ 6t5 mL SJAZTI'-1< 37L�iee�.a'.2.a Tsai..
f/!GS d e�.G9 �..% '7ta d e.. SO�e_ir/i �✓at '.'�/.., - h �iJ r—'S' Z.. WsO►a 2 4
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�resGSsron..i 07ric.cS wr,e� ihre/Yti-7�i...,�/w dr.31e-.//r.s�rsM
r
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 routine inspection during the annexation process.
' (App �?r2�_
icant) —06atel
APPLICATION PROCESS
APPLICABLE TO ALL ANNEYATION AND INITIAL ZONING APPLICATIONS
Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede filing of this
application. Among topics to be discussed are: the application procedure, compatibility and
compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning
classifications.
2. Completed application form.
3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an
Exhibit A, legal description of the property.
4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of
ways) with mailing addresses. See example below.
Assessor-4 Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address
5. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office.
6. Fee Schedule:
Residential (1 acre or less) no fee
All other annexations:
Over 1 acre - $100 for first acre + $15 per acre over 1 acre
7. A bona fide legal description of the property from a recent survey, title report or deed which accurately
describes the property to be annexed.
As Approved by TCPB, Effective 3115104
1AA 1AE
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VICINI Y MAP
LES & BARBARA PRICE
REQUEST FOR ANNEXATION & INITIAL ZONING OF B-1
NEIGHBORHOOD BUFFER DISTRICT FROM COUNTY R-5
TWO FAMILY RESIDENTIAL DISTRICT
PLOT DATE: 5/12/04
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