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15. Resolution 4821 - Annexation Request - Tim Birk - Raven Rock Subdivision1 -4:4Z 1 0RAN-COT NKU06 SUBJECT 1JAp)pVft1 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 Tim Birk / Raven Rock Subdivision Annexation and Initial Zoning of R-3 and RA-1 August 4, 2003 BACKGROUND: This is a request by Tim Birk for an initial zoning designation of R-3, Urban Residential on approximately six acres and RA- 1, Low Density Residential Apartment, on approximately two acres. A preliminary plat for 27 single family lots and 10 duplex lots has been filed concurrently with the annexation and zoning request. The property contains approximately 8.01 acres and is located on the north side of Three Mile Drive and east of Stillwater Road and west of North Meridian Road approximately one half mile. Currently the property is in the County zoning jurisdiction and is zoned SAG-10, a Suburban Agricultural zoning district with a ten acre minimum lot size requirement. It is also part of the West Valley Overlay District which has a clustering provision that allows a maximum density of one dwelling per five acres for which this property would not be eligible because of the limited acreage. A public hearing was held before the Kalispell City Planning Board at a meeting of July 8, 2003 regarding this matter. At the public hearing the applicant stated that he thought this project could serve as infill considering the relatively small size of the parcel, other development in the area and the availability of City utilities. He noted the RA-1 area to the south was intended as a buffer between the single family residences and Three Mile Drive. There were no other comments from the public. After the public hearing the board discussed the request and the density allowed under the proposed zoning. The board agreed that the proposed zoning was consistent with the growth policy and other development that has taken place in the area. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be as recommended by the staff upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 and RA-1 zoning upon annexation would be in order. Providing Community Planning Assistance To: • City of Kalispell - City of Whitefish - City of Columbia Falls Birk Annexation and Initial Zoning July 21, 2003 Page 2 FISCAL EFFECTS: r"t Fj #:q W FA4 ky IVIS Respectfully submitted, 14arda A �WAson Senior Planner I Minor positive impacts once fully developed. As suggested by the city council. Report compiled: July 21, 2003 c: Theresa White, Kalispell City Clerk L4 Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report KA-03-13 and application materials Draft minutes from 7 / 8 / 03 planning board meeting Cost of Services Analysis TRANSMIT\KALISPEL\2003 \ KA03-13MEMO RESOLUTION NO. 4821 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 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS RAVEN ROCK ADDITION NO. 333; 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 north side of Three Mile Drive and 112 mile west of North Meridian 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 Tim Birk's Annexation Request, #KA-03-13, dated July 1, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Single Family Residential, on approximately six acres and RA-1, Low Density Residential Apartment, on approximately two 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 Raven Rock Addition No. 333. 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 111. 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. Lai 0 WKS) 0 FLIM-All a 63 V 91 a IN No I N, V V am I � • 63it Pamela B. Kennedy Mayor F.,VffMV6 Theresa White City Clerk EXHIBIT A TIM BIRK / RAVEN ROCK SUBDIVISION LEGAL DESCRIPTION FOR ANNEXATION The land referred to in this policy Is situated in the State of Montana, County of Flathead and is described as follows: A tract of land located in the Southeast 1/4 of the Southwest 1/4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, being more particularly described as follows: Commencing at the South 1/4 corner of Section 1, Township 28 North, Range 22 West, P.M.M., thence North 00*02,221, East a distance of 47.33 feet to the North right-of-way of Three Mile Drive and the Point of Beginning; thence South 89*34112" West along said right-of-way, a distance of 568.33 feet; thence North 01*54159" West along said right-of-way, a distance of 10.00 feet; thence South 88*35137" West along said right-of-way, a distance of 34.59 feet; thence North 04'16113" East a distance of 625.73 feet; thence South 82*43130" East a distance of 571.30 feet to the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 1; thence South 01*02,11" West along said East line, a distance of 556.62 feet to the Point of Beginning. Retracement Certificate of Survey No. 11421. According to the Flathead County tax rolls the property address for the insured description is as follows: 233 3 Mile Drive, Kalispell, Montana 59901. Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity(& centu rytel. net www.tricitypianning-mt.com July 21, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Raven Rock Subdivision Annexation and Initial Zoning of R-3, Urban Residential and RA- 1, Low Density Residential Apartment Dear Chris: The Kalispell City Planning Board met on July 8, 2003, and held a public hearing to consider a request by Tim Birk for an initial zoning designation of R-3, Urban Residential on approximately six acres and RA- 1, Low Density Residential Apartment, on approximately two acres. A preliminary plat for 27 single family lots and 10 duplex lots has been filed concurrently with the annexation and zoning request. The property contains approximately 8.01 acres and is located on the north side of Three Mile Drive and east of Stillwater Road and west of North Meridian Road approximately one half mile. Narda Wilson of the Tri-City Planning Office presented staff report KA-03-13, evaluating the proposed zoning. Staff recommended initial zoning of City R-3, Urban Residential, and RA- 1, Low Density Residential Apartment, based on the surrounding zoning and the Kalispell Growth Policy. At the public hearing the applicant stated that he thought this project could serve as infill considering the relatively small size of the parcel, other development in the area and the availability of City utilities. He noted the RA-1 area to the south was intended as a buffer between the single family residences and Three Mile Drive. There were no other comments from the public. After the public hearing the board discussed the request and the density allowed under the proposed zoning. The board agreed that the proposed zoning was consistent with the growth policy and other development that has taken place in the area. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be as recommended by the staff upon annexation. Providing Community Planning Assistance To: City of Columbia Falls • City of Kalispell • City of Whitefish Raven Rock Subdivision - Annexation and Initial Zoning July 21, 2003 Page 2 Please schedule this matter for the August 4, 2003 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. Sincerely, Kalispell City Planning Board eSa ylor i dentt GT/NW y�� Attachments: Petition to annex (original) Exhibit A - legal description Staff report KA-03-13 and application materials Draft minutes 7/8/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Tim Birk, 880 Farm Rd., Kalispell, MT 59901 Michael Lyngholm, 233 Three Mile Dr., Kalispell, MT 59901 Montana Mapping Associates, 115 Valley View Dr., Kalispell, MT 59901 Raven Rock Subdivision - Annexation and Initial Zoning July 21, 2003 Page 3 EXHIBIT A TIM BIRK / RAVEN ROCK SUBDIVISION LEGAL DESCRIPTION FOR ANNEXATION The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows: A tract of land located in the Southeast 1/4 of the Southwest 1/4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, being more particularly described as follows: Commencing at the South 1/4 corner of Section 1, Township 28 North, Range 22 West, P.M.M., thence North 00'02'2211 East a distance of 47.33 feet to the North right-of-way of Three Mile Drive and the Point of Beginning; thence South 89*34'12" West along said right-of-way, a distance of 568.33 feet; thence North 01*54'59" West along said right-of-way, a distance of 10.00 feet; thence South 88*35'37" West along said right-of-way, a distance of 34.59 feet; thence North 04*16113" East a distance of 625.73 feet; thence South 82'43'30" East a distance of 571.30 feet to the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 1; thence South 01'02'11" West along said East line, a distance of 556.62 feet to the Point of Beginning. Retracement Certificate of Survey No. 11421. According to the Flathead County tax rolls the property address for the insured description is as follows: 233 3 Mile Drive, Kalispell, Montana 59901. Raven Rock Subdivision Cost of Services Analysis Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Number of Dwelling Units within the Subdivision M Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 81 Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department • Administration: $39.48. Additional cost to administration • Solid Waste: Additional cost to solid waste Lineal Feet Costs: (Lineal feet 1270) • Roads: $1.14 per lineal foot Additional cost in road maintenance • Water: $3.44 per lineal foot Additional cost in water line maintenance • Sewer: $5.150 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Average Square foot per lot - 7,500 • Number of units x square foot x 0.0029 81 x 68.84 = $5,576 81 x 110.00 = $8,910 81 x 39.48 = $3,198 none for five years 1270 x 1.14 = $1,448 1270 x 3.44 = $4,369 Anticipated Revenue Generated Assessments based on square footage: Average square foot per lot: 7,500 Storm sewer assessment $0.0029 per square foot Revenue from storm sewer assessments 37 x 7,500 x 0.0029 = $805 • Street maintenance assessment $0.0059 per square foot Revenue from street maintenance assessments 37x 7,500 x 0.0059 = $1,637 Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 37 x 7,500 x 0.00 135= $375 Special Assessments: There are no special assessments. General revenue• • Assessed value per dwelling: $175,000 Total assessed value: 37 x 175,000 = $6,475,000 Total taxable: 6,475,000 x 0.03543 = $229,409 • Total additional general revenue based on 152.39 mill levy: 229,409 x .15239 = $34,960 i ,myr. VIUMMENT11M NOTE: This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS / 2003/ KA03-6COSTOFSVCS KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JULY 8, 2003 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: George Taylor, Rick Hull, Jean Johnson, Jim Atkinson, Sue Ellyn Anderson, John Hinchey and Timothy Norton. Narda Wilson represented the Tri-City Planning Office. There were approximately 16 people in the audience. APPROVAL OF MINUTES Johnson moved and Atkinson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of June 10, 2003. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. RAVEN ROCK SUBDIVISION A request by Tim Birk for an initial zoning designation of R- INITIAL ZONING UPON 3, Residential, on approximately six acres and RA- 1, Low ANNEXATION Density Residential Apartment, on approximately 2 acres, located on the north side of Three Mile Drive and one-half mile west of North Meridian Road upon annexation to the City of Kalispell. RAVEN ROCK SUBDIVISION A request by Tim Birk for preliminary plat approval of a 37- PRELIMINARY PLAT lot residential subdivision on approximately eight acres. A request for annexation and initial zoning of R-3 and RA-1 has been filed concurrently. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-13 AND KPP-03-8 presentation of staff report KA-03-13, a request for initial zoning upon annexation of approximately 8 acres located at the northeast corner of Three Mile Drive and one-half mile west of North Meridian Road. Wilson also gave a presentation of staff report KPP-03-8, a request for preliminary plat approval of a 37-lot residential subdivision that was filed concurrently with the annexation and initial zoning request. Wilson stated there has been quite a lot of activity in the area, and this property is located on the north side of Three Mile Drive, one half mile east of Stillwater Drive. She said the property is currently zoned County SAG-10, and the total area proposed for proposed for development is about eight acres. Wilson noted that the property is currently in the County zoning jurisdiction and is in West Wide Zoning District and is part of the West Valley Overlay District, which has a density of one dwelling per five acres. The applicant is Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page I of 12 proposing annexing for to the city to obtain water and sewer services and is requesting a zoning designation of R-3, a single family district on approximately two-thirds of the property to the north and RA-1, Low Density Apartment, on the southern one third. Wilson stated that the existing land uses in the area are urban single family residential homes to the north, Northview Heights, which was recently annexed and Phase I is under construction. She said that the area has been planned and platted for the same type of urban residential development. To the east, there are urban sized lots where utilities available, and to the south there are some fairly large parcels in the county. She stated the area is in transition, from agricultural to urban uses. Wilson commented that the master plan designates this area as Urban Residential, with three to 12 dwelling units per acre. This development has a density of five to six dwelling units per acre on the R-3 area, and 14 dwelling units in the RA-1 area. She said the overall maximum density would be eight dwellings per acre, well within the Urban Residential designation of the growth policy and that the proposed zoning would be consistent with the type of growth anticipated for the area. Wilson noted on the subdivision lies on the east side of recently extended North Riding Road. There are a total of 37 lots being platted, 27 of which are being zoned R-3, and 10 lots designated as RA-1. She noted the R-3 district has a minimum lot size requirement of R- 1 and the RA-1 zone has a minimum lot size of 6,000 square feet, plus 3,000 square feet for each additional unit beyond duplex. Any multi- family development would require a conditional use permit. The existing single family residence would likely be relocated. Wilson stated that the applicant indicated the area proposed for RA-1 would be developed as duplexes, but that was an error and that they can either developed as single family residences, duplexes, or, if someone were to buy multiple lots, they could do a multi -family development with a conditional use permit. She said the applicant would like to keep the option open for a small multi -family development along the southern boundary. She stated that a minor changes need to be made to a few lots for zoning compliance that deal with lot with and would require a little rearranging. Wilson stated that during site review, the public works department felt that North Riding Road should be designated as a collector road due to development potential to the north. The Kalispell Design and Construction Standards require a 300 foot offset for a collector roadway for a new accesses. Therefore the two accesses need to be consolidated into one Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 2 of 12 access and that has been included as one of the conditions. The subdivision design will need to be modified slightly to accommodate this change. She noted the property to the west has been approved for Phase 3 of Northview Heights and has a subdivision road that is currently undeveloped. The two roads will align with the new reconfiguration and create a four way intersection, but probably not a four way stop. Wilson said the single access triggers a requirement for secondary access for the fire department which would likely come off of Three Mile Drive although there are a couple of options to create a secondary access. The developer could use "grass crete", which is a compacted, subsurface material that grass would grow on, but that fire trucks could drive across year round without sinking. The secondary access would be gated or have bollards in place and used for emergency access only. The secondary access could be used by pedestrians to access Three Mile Drive and the bike and pedestrian trail. Wilson stated that with these are noted as conditions of approval and the fire access can be coordinated with the fire department. Wilson noted that consistent with other subdivisions in the area, staff is recommending that bike and pedestrian access along Three Mile within the 20 foot buffer be installed prior to final plat approval. She said the property has some moderate slopes, but no risk to environment and no development constraints. Water and sewer would be extended from Riding Road to the west and looped through the subdivision, and that all lots would be served by City water and sewer. Wilson said as for the parkland dedication, the developer wants to pay cash in lieu of parkland. She stated the area is 6.37 acres in lots which would be 0.7 acres of parkland dedication, or $12,600 cash in lieu. Wilson noted that there are two city parks fairly close by, with Sunset Park to the east, and Empire Estates to the west will have an approximately two acre park, and the City ball fields are to the north. She said that the police and fire impacts are moderate, but that cumulative impacts of growth affect both departments. Wilson reiterated that modifications need to be made to the lots in order to comply with zoning. She stated that the lots were sort of staggered in order to provide some creativity, but the lots need to meet the minimum lot width requirements of 60 feet. She said that there are no variances and that it does comply with zoning and subdivision standards She said that staff is making two recommendations on the proposal: initial zoning of R-3 and RA- 1, and approve the preliminary plat subject to the listed conditions.. Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 3 of 12 UBL'C PUBLIC HEARING - The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCiE--S Tim Birk, 880 Farm Road, applicant and owner of the property, said he did a new loop design. He stated that it is an infill project on a gently sloping site, located within 500 feet of the proposed Kalispell Bypass The RA-1 section Will front Three Mile Drive as a buffer area to the single family residences. Birk handed out a potential redesign on the plat that showed a single access from North Riding Road. PUBLIC COMMENT There were no comments from the public either in favor or in opposition to the proposal. No one else wished to speak and the public hearing was closed. MOTION (INITIAL ZONING) Atkinson moved and Anderson seconded to adopt staff report KA-03-13 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property should be R-3, Urban Residential, and RA- 1, Low Density Residential Apartment, upon annexation to the City of Kalispell as indicated on the attached exhibit. BOARD DISCUSSION Atkinson asked about parks. He stated that there is a lot of cash in lieu of parks and that he understands both sides of the issue, that cash in lieu takes care of the existing parks. He stated that he understands that smaller parks are not that desirable, because the Parks Department has to take care of them. He asked if there was a formula for parks. Wilson answered that there is specific criteria for City parks. They have to be a minimum of one acre in size and then other parks in the area have bearing on whether or not a new park is appropriate. She stated that there is specific language in state statutes that speaks to the stated preference of the developer and that consideration has to be given to their preference. In this case the subdivision would need to be bigger in order to make a park work. Hull wanted to clarify the area next to Three Mile Drive will be RA-1 and Wilson answered it would be about a 200 foot lot depth, and that the lot boundaries will follow that. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Anderson moved and Johnson seconded to adopt staff -report KPP-03-8 as findings of fact and recommend approval of Raven Rock Subdivision preliminary plat subject to the conditions outlined in the staff report. Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 4 of 12 BOARD DISCUSSION Norton questioned whether or not the board should be voting on the preliminary plat until there is a more finalized version of the plat with the required revisions. Wilson said that there are typically minor revisions to a plat, but that the board will not likely see a whole lot of difference overall. She indicated the roadways would be consolidated, but that the basic configuration would remain the same. She stated that the developer will have to redesign subdivision within the constraints that are outlined. She stated that the plats go through a design review phase before the final plat is submitted that this often times will result in minor modifications to the original design. Atkinson stated that he likes a gridded road system, and that this development does not have one. He said that it might have been a good idea to have a lot be set aside for an easement for a road headed east, because we don't know what is going to happen to that next property. He stated that subdivisions are choosing not to be involved with one another and that every time we can, we should look at a gridded system so they can connect with one another. Taylor noted that because the preliminary plat approval is valid for three years, isn't it possible that the property to the east could come before the board, and couldn't one of the phases of this project be altered somehow to adopt a grid system? Wilson answered that the developers could do it independent of the conditions of approval, but the statutes specifically say that subsequent conditions cannot be placed on a plat after approval by the governing body. There was discussion regarding the grid system and interconnected subdivisions. ROLL CALL The motion passed unanimously on a roll call vote. SANTA AND MCKINNON A request by John Santa and John McKinnon, for a CONDITIONAL USE PERMIT conditional use permit to allow a community residential REQUEST facility for eight or fewer people in an R-3, Urban Residential zoning district, located on the southeast comer of Fifth Avenue East and Second Street East. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KCU-03-3 presentation of staff report KCU-03-3, a request for a conditional use permit to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district. Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 5 of 12 RAVEN ROCK SUBDIVISION I TIM BIRK INITIAL ZONING OF R-3 AND RA-1 UPON ANNEXATIO'q' TRI-CITY PLANNING OFFICE STAFF REPORT KA-03-13 JULY 19 2003 1 A report to the Kalispell City Planning Board and Zoning Commission and the Kalispell City Council regarding a request for an initial zoning designation of R-3 and RA-1 upon annexation to the city of Kalispell on approximately 8 acres. A public hearing has been scheduled before the planning board for July 8, 2003 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. 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 petitioner would like to annex in order to receive City services. A. Petitioner and Owners: Tim Birk 880 Farm Road Kalispell, MT 59901 (406) 257-3141 Michael Lynghohn 233 Three Mile Drive Kalispell, MT 59901 (406) 756-3034 B. Location and Legal Description of Property: The property proposed for annexation lies on the north side of Three Mile Drive and west of North Meridian Road approximately one-half mile. The property proposed for annexation and zoning can be described as a portion of Assessor's Tract 6A located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing Zoning: This property is part of the West Valley Overlay District. This district acts as an overlay district with its development standards in part of the West Side Zoning District. The underlying zoning for this property is SAG-10, Suburban Agricultural, which is an agricultural district with an 10-acre minimum lot size requirement intended for small scale agricultural operations and ranchettes. The overlay standards of the West Valley District allow a density of one dwelling unit per five acres with clustering of lots which do not exceed one net acre in size and have a minimum of 76 percent of the property dedicated as permanent open space. The open space is intended to be preserved for agricultural use and can contain one residence. Under the current West Valley Overlay development standards this property would be eligible for three one -acre lots using the cluster provisions. D. Proposed Zoning: The proposal would designate approximately six acres as R-3, Residential, a single-family residential district; approximately two acres as RA- 1, a Low -Density Residential Apartment. A preliminary plat for 27 single family lots and 10 duplex lots has been filed concurrently with the annexation and zoning request. E. Size: The property proposed for annexation and zoning contains approximately eight acres. F. Existing Land Use: Currently this property has a single-family home and is being used for limited agricultural purposes. It is otherwise undeveloped. G. Adjacent Land Uses and Zoning: The area can be described as being located on the fringes of urban development. Having suburban residential development to the west, east and north with suburban residential development to the south. North: Urban residential and single family homes, City R-3 zoning South: Rural residential mostly single family homes and limited agricultural uses, County R-1 zoning East: Rural and urban residential homes, County SAG-10 and City R-3 West: Rural and urban residential, City R-3 and County SAG-1 zoning H. General Land Use Character: The general land use character of the area is a generally rural and suburban residential with some urban residential development on smaller lots where City sewer has been extended. I. Availability of Public Services: City water and sewer services exist to the north of this site approximately 200 feet and where extended in conjunction with the development of Northview Subdivision. These utilities would be extended into this subdivision. A new extension of North Riding Road from the north in Meadowland Subdivision to the south to connect with Three Mile Drive was also done in conjunction with the Northview Subdivision. Access onto North Riding Road is proposed to serve this property. This property also has frontage along Three Mile Drive which should be limited if other access alternatives are available. Once annexed to the city, City services including fire, ambulance and police will be provided to the subdivision once the property has been developed and services are needed. 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. MENUITO =V10M M-Umm On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth Policy which designates this area as Urban Residential which anticipates a density of three to 12 dwelling unit per acre. Approximately six acres of this 2 property is proposed for R-3, an Urban Residential zoning designation that anticipates single-family homes as the primarily use on lots not less than 7,000 square feet in size or approximately six dwellings per acre. The remaining approximately two acres is proposed for a zoning designation of RA-1, Low - Density Residential Apartment, which has a minimum lot size requirement of 6,000 square feet plus an additional 3,000 square feet for each dwelling beyond a duplex or approximately 14 dwelling units per acre. The proposed zoning designations are in substantial compliance with the future land use designations of the Kalispell Growth Policy with an overall maximum density of eight dwelling units per acre. 0�1� rX*W7*T*TQ-ff*MVTF_#=s- OWMa It can be anticipated that the proposed change in zoning from agricultural to residential will increase traffic impacts in the immediate area due to the subsequent development of the site. However, by concentrating development in a compact mariner close to the central core of the community, traffic impacts in the outlying areas of the county can be reduced. Traffic impacts to the area can be accommodated with the existing roadways in the area. WO - 1113-M. MOSMWORNOWWOM There is no obvious increase in risk related to the proposed zoning district which would impede fire or police access to the site. Access for fire and other emergency services is generally good. Because this annexation will enable the property owners to connect to public sewer and develop the property with full public services, the public health and welfare of the community will be served. � M WMACIRMN IMM. 67W.More Any uses established on the site will be required to meet the development standards for the district dealing with setbacks, height limits and lot coverage. These standards are designed to provide for adequate light and air. The requested zoning designations are consistent with the type of development which would be anticipated under the Kalispell Growth Policy and would be able to be accommodated within the land area under the proposed zoning. The requested zoning will not contribute to the overcrowding of land. Increased concentration of people in this area will likely result after this land has been converted from an agricultural use to a more intensive residential use. There will be a more intensive use of the property, however, the intensity of the 9 uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of facilities would provide the structure needed to insure that there will not be an overcrowding of the land or undue concentration of people. MMM501411,014 - T F.MJJFFT =2"STOWMERSUF - M , I M Wel 14KOW9.14601MOVIM Public service, facilities and infrastructure would be made available to the developer. The developer would need to extend the needed City services that are not currently extended to the property at the developers' expense and in accordance with the City's policies and standards. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with City policies and standards at the developers' expense thereby insuring that there is adequate provision of services to the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services which can be anticipated as a result of this proposal which can be met by the City. The proposed zoning furthers the long range development plans as reflected in the recently adopted Kalispell Growth Policy for this area and provide opportunities for affordable housing in a development that is compatible with surrounding land uses with the extension and provision of public services within reasonable proximity to the City core. The proposed zoning will provide the basis for the future land uses on this property, in accordance Kalispell Growth Policy. This rezoning gives great consideration to the suitability of this property for the proposed use and concurrent zoning proposal. The general character of the area is transitional between the urban and rural / agricultural use on the fringes of the City limits. The proposed zoning 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. The recent annexation and adoption of zoning on other properties in the immediate area adjoin this property to the north and to the west. It appears that the proposed rezoning gives reasonable consideration to the character of the district. #W.53 UZZIN) * 04-MM I •- OTWO) frOT-M, There is a single-family residential subdivision that adjoins this property to the north and to the east that is in the process of being developed with single-family homes on approximately 7,000 square foot lots and has been annexed to the city. Public utilities have been extended in conjunction with this development. Most 0 potentially effected properties that are rural in nature are the properties to the east and the south which are residential, but are not serviced by public water and / or sewer. The development anticipated under the proposed zoning may be more intensive in nature because of the availability of public services and utilities, however, the City standards will insure that there is high quality development that will insure the value of buildings and homes is protected, maintained and conserved. The Kalispell Growth Policy future land use designations anticipates a development such as that being proposed and will be developed with uses anticipated for the area. The proposed zoning encourages the most appropriate land use for this property and throughout the planning jurisdiction. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report KA-03-13 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be R-3, Residential, and RA- C, Low Density Residential as indicated on attached Exhibit A upon annexation to the City. IM 5 We have si♦gned a Real Estate Purchase and Sale Agreement with Mr. Tim Birk concerning our house and property at 233 Three Mile Drive, Kalispell, Montana. We are aware that he is pursuing annexation and subdivision of the property after closing. We are agreeable to Mr. Birk representing our interests as owners until closing on or about June 30, 2003, in reference to zoning, annexation, and subdivision platting. Miriam I. Lynghohn, Seller Michael J. Lyngholm, Seller Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND MITUL ZONING C--,VY OF KALISPELL CITY/STATE/ZIP: Other Parties of Interest to be Notified: Address of the property: � . r -Ze- - -�- / Legal Description:7,1—��:,�g4 54),4' z7xe, / 7—Z46A) X 10,e (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach metes and Wunds as Exhibit A) Z The present zoning of the above property is: Z42 The proposed zoning of the above property is: State the changed or changing con#tions that make the proposed amendment necessary:,, M MF"'A 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 propert T 1ection duri the exation process. 4 Y-�-z —�� ,"(Applicant) (Date)/ STATE OF MONTANA ) : ss County of Flathead County On this Q_ftd._dkv of J'jk n e _, 2.00 5, before me, the undersigned, a Notary Public for the State of Montana, personally appeared :ZL" 2 frK- known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she 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. AA4v YnAaj- 9&4q2 Notary PdBlic, State of Montana Residing at KOJISPelk My Commission expires: 12.11-2 2-0042 STATE OF MONTANA ) : ss County of Flathead County 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 instrument and acknowledged to me that he/she 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. Notary Public, State of Montana Residing at My Commission expires: STATE OF MONTANA ss County of Flathead On this —day of . before me, the undersigned, a Notary Public for The State of Montana, personally appeared and , the and respectively, of RM 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 WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires 12411# PETITION TO ANNEX AND NOTICE OF WITBDRAWAL FROM RUTRAL FIRE DISTRICT The undersigned 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. 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, 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 Rural Fire District under the provisions of Section 7-3133-2127, 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 the utilities from the City of Kalispell. Petitioner/Owner Petitioner/Owner Please return this petition to: Tri-City Planning Office 17 2d St East, Suite 211 Kalispell MT 59901 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 MLL&A.42 I fill k WA114�ft X� You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING VALTSRRLL_C��- �-;� .,�-V &MLQMQ C07a. The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, July 8, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Tim Birk for an initial zoning designation of R-3, Urban Residential upon annexation to the city of Kalispell on approximately 6.00 acres and RA-1, Low Density Residential Apartment, located on approximately 2.01 acres located on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. This zoning designation anticipates single family in the R-3 area and single family, duplex and multi -family in the RA-1 area. The property is currently in the County zoning jurisdiction and is zoned SAG- 10, a Suburban Agricultural zoning designation. A preliminary plat for 37 lots as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as Assessor's Tract 6A located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request by Tom Birk for preliminary plat approval of Raven Rock Subdivision, a 37 lot residential subdivision on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. The plat would create 27 lots intended for single family development and 10 lots intended for duplex development. The subdivision would be developed in accordance with the City of Kalispell's design and construction standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning of R-3 Urban Residential and RA-1, Low Density Residential Apartment. The property can be described as Assessor's Tract 6A located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. •N *$#lots 1 1. . 1 4 1 * . I - # . 9 MyRVAMALon, FrM1,H-MW11nL1L* 3. A request by John McKinnon and John Santa for a conditional use permit to allow the operation of a community residential facility for eight or fewer people on property zoned R-3, Residential. This facility would function as a transition home for older children in a family setting and allow them to reintegrate into school and work. The zoning district lists community residential facilities for eight or fewer people as a conditionally permitted use. Community residential facilities for eight or fewer people have an exempt status under the state statutes and cannot be denied by the local government. This use is proposed in an existing single-family home located at 205 Fifth Avenue East in Kalispell and is located on the southwest corner of Fifth Avenue East and Second Street East. The property can be described as Lot 12, Block 193, Kalispell Addition No. 2 in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Leshia Wright Stroisch to amend the Kalispell Zoning Regulations to create a provision that would allow changes to non -conforming residential structures that would permit minor expansion into the setback areas to gain, regain or maintain historical integrity. The proposed amendment could apply to all historically significant residential structures that do not conform to current setback requirements. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information or e-mail at tricitynarda@centurytel.net. 4VF.4W F4 1 194A Thomas . hen'tz' Planning Director NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, July 8, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Tim Birk for an initial zoning designation of R-3, Urban Residential upon annexation to the city of Kalispell on approximately 6.00 acres and RA-1, Low Density Residential Apartment, located on approximately 2.01 acres located on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. This zoning designation anticipates single family in the R-3 area and single family, duplex and multi -family in the RA-1 area. The property is currently in the County zoning jurisdiction and is zoned SAG-10, a Suburban Agricultural zoning designation. A preliminary plat for 37 lots as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as Assessor's Tract 6A located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request by Tom Birk for preliminary plat approval of Raven Rock Subdivision, a 37 lot residential subdivision on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. The plat would create 27 lots intended for single family development and 10 lots intended for duplex development. The subdivision would be developed in accordance with the City of Kalispell's design and construction standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning of R-3 Urban Residential and RA-1, Low Density Residential Apartment. The property can be described as Assessor's Tract 6A located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by John McKinnon and John Santa for a to conditional use pe allow the operation of a community residential facility for eight or fewer people o property zoned R-3, Residential. This facility would function as a transitio home for older children in a family setting and allow them to reintegrate i school and work. The zoning district lists community residential facilities f eight or fewer people as a conditionally permitted use. Community residenti facilities for eight or fewer people have an exempt status under the state statut m and cannot be denied by the local government. This use is proposed in existing single-family home located at 205 Fifth Avenue East in Kalispell and located on the southwest corner of Fifth Avenue East and Second Street Eas The property can be described as Lot 12, Block 193, Kalispell Addition No. 2 Section 8, Township 28 North, Range 21 West, P.M.M., Flathead Coun Montana. I 4. A request by Leshia Wright Stroisch to amend the Kalispell Zoning Regulations to create a provision that would allow changes to non -conforming residential structures that would permit minor expansion into the setback areas to gain, regain or maintain historical integrity. The proposed amendment could apply to all historically significant residential structures that if not conform to current setback requirements. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda. Wilson, Senior Planner, at (406) 751-1850 for additional information. Thomas R. Jentz Planning Director Tcp;ou C • *.. 1!..s s ;; .a a,a a . . a rs �1 • �; a a ,. s: r a t,, - s t. s t- i a t s. A' .0a-t • ! . 1 r. 233 THREE ,t KALISPELL MT ..0 114w .4 ,I RICK BRECKENRI GE NORTHVIEW HEIGHTS, LLC STEVE & CINDY RADOSEVICH PO BOX 181 690 N MERM P N ROAD #210 255 THREE E DRIVE PROCTOR, MT 59929 KALISPELL, MT 59901 KALISPELL, MT 59901 • ►# LORAN JONES SR ; ,, SHIRLEY P.O. BOX 10843 KALISPELL, MT 59901 KALISPELL, 59904 N i C 1 THOMAS HENRY NONETVIACHER 212 THREE WE DRIVE 236 THREE MILE DRIVE KALISPELL, MT 59901 KALISPELL, 59901 90 N MERIDLkNROAD KALLSPELL, NIT •t. ODEGAARD P.O. BOX 716 POLSON, MT 59860 ■ j M ' 11 !# (► KALISPELL, MT 59901 MEL—WEL DEVELOPERS, �, P.O. BOX 699 233 THREE MILE DRIVE 230ZHWY 2, EAST 49 KALISPELL, MT 59901 SPEARFISK # 57783 KALISPELL, 59901 R 25 1 2 44 2 6 1 r9 3= �4 24 i 2{Y` 7 3 3 143 � 7 12 2.� 7- 19 3 1 8 6 4`�� 39 42 ' r c 18 2 s- 7 t , 5 fi 40 23 1 1110 4 17 1 $ �' f' 41 22 ` g , 5 e 3 �'. 13 r 2 16 1w 4 5 14 ,f {` 21 1 3 &1 6 r15 1 5 4 ' i5r`Si9 4 7 14 & 3 16 20 pp 5 j $ 10 11 f 12 `2 C:, f 2\t v 1? 18 19 v, 1 f 2' 3 1 2 1 2 i 3' 4 5 2 1 1 1-2 M1 LOOP 5 6 3 a f 22/ 21120 6 z � 7 7 .�: 4 4, za'1 �*1 6 8 5 # ecr 9 _9 > �aiiRTt#� LO� 10 9 /� 5AH C�1 V 1 16��12'i 5AA 5AF 10 8 7 i_. 11 " 9 6 � 5AG 12 10 ` � 1 5 -5 5N 13 11 �t 4-- , 4 CA 1 H01 10 6D { € tv.52 3 3 iirit$ 6C fi 5A 15 D L 2 2 rip ` 16 y 2 ADD 0,t 1 13 5AD i 5AB v 3C 4CB 5AE � � 2 . j J 5AGA 3 5AF' 3 3CA 4B� f 4 MA 4C t 4A` 4 LSON L LLAGE I 3DI TREASURE i STATE END, ITA ADD s TIM BIPK / RAVEN DOCK SUBDIVISION INITIAL ZONING UPON ANNEXATION P-3, URBAN RESIDENTIAL - 6 ACRES RA-1, LOW DENSITY RESIDENTIAL APARTMENT - 2 ACRES 7 �r r� s� PU" DATE: 7/03/03 FILE # KA — 0 3 —13 A SCALE 1" = 4 p ®' H:\gi9\site\1-03_13-dwg