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01. Resolution 4842 - Annexation Request - Tim BirkREPORT 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@centu rytel. net www.tricitypianning-mt.com Kalispell Mayor and City Council Tom ,Ientz, Director Chris A. Kukulski, City Manager Tian Birk / Three Mile Subdivision Annexation and Initial Zoning of R-3 and RA-1 MEETING DATE: November 3, 2003 BACKGROUND: This is a request by Tim Birk for an initial zoning designation of R-3, Urban Residential on approximately 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 acres. A preliminary plat for 30 single-family lots and 1 multi -family lot has been filed concurrently with the annexation and zoning request. The property contains approximately 9.1 acres and is located on the north side of Three Mile Drive approximately 500 feet west of Garland Street, A public hearing was held before the Kalispell City Planning Board at a meeting of October 14, 2003 regarding this matter. At the public hearing the applicant spoke in favor stating he agreed with the conditions of the staff report. Three letters were received in opposition stating concerns with increased traffic and the desire for larger lots more conducive to the surrounding historical neighborhood. There were no other comments from, the public. After the public hearing the Bard discussed the request. It was pointed out that this subdivision was in substantial conformance with the two previous subdivisions approved in this immediate neighborhood this summer and that with the advent of municipal sewer and water, the entire neighborhood was changing. However, this change was planned and anticipated in our growth policy. 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 R-3 and RA-1 as recommended by staff report #KA-03-18 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. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. 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 Respectfully submitted, ._........ Thomas R. Jentz Director Report compiled: October 23, 2003 c: Theresa White, Kalispell City Clerk ...... . .. ...... . Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report KA-03- l8 and application materials Draft minutes from 10/ 14/03 planning board meeting Cost of Services Analysis TRANSMIT\KALISPEL,2003 \KA03- I8AMEMO RESOLUTION NO. 4842 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 THREE MILE ADDITION NO. 337; 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, on behalf of Thomas and Shirley Jones, the owners of property located on the north side of Three Mile Drive and 1/2 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, #7KA-03-18, dated October 6, 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 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 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 1T 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 Three Mile Addition No. 33T 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 ding 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 3RD DAY OF NOVEMBER, 2003. Pamela B. Kennedy Mayor ATTEST; Theresa White City Clerk Tri-City Punning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 triqtyna eentur ytel.net www.tricityptanning-mt.com October 23, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Three Mile 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 October 14, 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 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 acres. A preliminary plat for 30 single-family lots and I.-rnulti- family lot has been filed concurrently with the annexation and zoning request. The property contains approximately 9.1 acres and is located on the north side of Three Mile Drive approximately 500 feet west of Garland Street. Tom Jentz of the Tri-City Planning Office presented staff report #KA-03-18, 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 spore in favor stating he agreed with the conditions of the staff report. Three letters were received in opposition stating concerns with increased traffic and the desire for larger lots more conducive to the surrounding historical neighborhood. There were no other comments from the public. After the public hearing the Board discussed the request. It was pointed out that this subdivision was in substantial conformance with the two previous subdivisions approved in this immediate neighborhood this summer and that with the advent of municipal sewer and water, the entire neighborhood was changing. However, this change was planned and anticipated in our growth policy. 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 - Three Mile Subdivision - Annexation and Initial Zoning October 23, 2003 Page 2 of 3 Please schedule this matter for the November 3, 2003 regular city council meeting. You may contact this board or Tom Jentz at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Attachments: Petition to annex (original) Exhibit A - legal description Staff report #KA-03-18 and application materials Draft minutes 10/ 14/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Tim Birk, 880 Farm Rd., Kalispell, MT 59901 Three Mile Subdivision -Annexation and Initial Zoning October 23, 2003 Page 3 of 3 EXHIBIT A TIM BIRK / THREE MILE SUBDIVISION #KA-03-1 S LEGAL DESCRIPTION FOR ANNEXATION AND ZONING ANNEXATION BOUNDARIES Tract 1 of Certificate of Survey 9693 and the immediately abutting portion of Three Mile Drive located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. REQUESTED ZONING BOUNDARIES RA-1 ZONING -- An area described as follows: Commencing at the South one - quarter corner of Section 1, Township 28N, Range 22W P.M.M. Flathead County. Thence N 00002'22" E a distance of 47.33' to the North right-of-way of Three Mile Drive and the TRUE POINT of BEGINNING of the tract being described; thence N 89°56'29" E along said right-of-way, a distance of 315.31; thence leaving said right-of-way N 01 "20'07" E a distance of 189.06'; thence S 88°48'52" E a distance of 316.22'; thence N 01'02'11" E a distance of 195.90 feet to the point of beginning containing an area of 53,687 square feet and attached to this site the abutting R/W of Three Mile Drive. R-3 ZONING Tract 1 of Certificate of Survey 9693 in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana excluding the area proposed for RA-1 zoning above. KALISPELL CITY ]PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 14, 2003 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7.08 p.m.. Board members present were: Jean Johnson, Rick Hull, Jim Atkinson, Sue Ellyn Anderson, George Taylor and John Hinchey. Timothy Norton was absent. Torre Jentz represented the Tri-City Planning Office. There were approximately 40 people in the audience. APPROVAL OF MINUTES Atkinson moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of September 9, 2003. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. THREE MILE SUBDIVISION A request by Tiro. Birk on behalf of Thomas and Shirley Jones INITIAL ZONING UPON for an initial zoning designation of R-3, Urban Single Family ,ANNEXATION Residential, on approximately 7.7 acres and RA-1, Low Density Residential Apartment, on approximately L4 acres located on the north side of Three Mile Drive one --half mile .......... west of North Meridian Road 'upon annexation to the City of Kalispell. THREE MILE SUBDIVISION A request by Tim Bark for preliminary plat approval of Three PRELIMINARY PLAT Mile Subdivision, a 31 lot residential subdivision, upon APPROVAL REQUEST annexation to the City of Kalispell. STAFF REPORTS Tom Jentz, with the Tri-City Planning Office, gave a KA-03-18 AND KPP-03-12 presentation of staff report KA-03-18, a request for initial zoning upon annexation of approximately 9.1 acres located on the north side of Three Mile Drive one-half mile west of North Meridian Road, and KPP-03-12, a request for preliminary plat approval of Three Mile Subdivision. Jentz showed a site map of the proposed subdivision and stated that the applicants are asking for R-3 and RA -I zoning. He said that Sunset Court is to the north and a city park is to the east. In addition several large single family �l I. residences which are in the county and zoned SAG-10 form the eastern boundary. Wel-life Assisted Living is to the south across Three Mile Drive and the recently annexed Raven Rock subdivision is to the west. He stated that this development will connect to the Raven Rock subdivision, with access to North Riding road. Both projects fit very well 1 j together and there will be no access directly onto Three Mile Drive. Kalispell City Planning Beard Minutes of the meeting of October 14, 2003 Page I of 12 Jentz stated that the applicants are requesting R-3 zoning on 30 lots, and that these are 75OO square feet or larger. He stated it is a good design and provides neighborhood connectivity. The applicant is also requesting 1.4 acres of RA-1 zoning along Three Mile Drive, as a buffer zone, which is in character with other subdivisions. He stated that the applicants can do nothing more than a single duplex if approved without first applying for a CUP so the city will have an opportunity to review future development plans on this site. Jentz explained that the access out to the west meets with Raven Rock and will come out on North Riding Road, and staff is not encouraging direct access onto Three Mile Drive. Staff felt that Three Mile Drive is an arterial and will, continue to carry large amounts of traffic, and we need to localize the intersections onto Three Mile Drive. He stated that heavier traffic is anticipated on Three Mile Drive in the future. Jentz said that staff is recommending a cul-de-sac at this point, but that it will be reviewed at the time that the applicant submits a development plan for the multi -family RA-1 site at a latter date. Jentz also explained that the applicant needs to use a corner of the undeveloped city park for the road alignment off of Sunset Court to work. He stated that cash -in -lieu will be used for the development of this city park. Jentz mentioned that three letters were received from adjoining property owners, and that their concerns dealt with the smallness of the lots and the proposal for multi -family lots. He said that the adjoining lots are large and have been at the edge of the city for a long time; but that the city is growing and the growth policy indicates this type of development in this area. Three Mile Drive will not be a great single family lot site in the future. Jentz stated that as for public services, the subdivision works very well and that sewer will go to the north and south with a looped water system. Jentz stated that staff is recommending approval with 12 conditions. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue, APPLICANT/AGENCIES Tim Birk, applicant, stated that he is excited about the project and that it ties in well with Raven Rock, and he has I no problem with the conditions imvosed. He feels that it is a I good project. Kalispell C,iLy Planning Board Minutes of el:e meeting of October 14, 2003 Page 2 of 12 PUBLIC COMMENT I No one -wished to speak and the public hearing was closed. MOTION Anderson moved and Atkinson seconded to adopt staff report KA--03-18 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 Single Family Residential, on approximately 7.7 acres and RA-1, Low Density Residential Apartment on approximately 1.4 acres upon annexation to the City of Kalispell. BOARD DISCUSSION Taylor asked Jentz about the park and whether it was bare ground. Jentz said it was undeveloped. Taylor asked Birk about the compatibility with the junior high school.. Birk answered they will be fairly low cost homes, good for first time homebuyers and young families, and feels that the proximity to the school is a big advantage. The Board took a few minutes to read the protest letters which were received at the beginning of the meeting. (Letters are attached and are hereby made a part of the record). Taylor commented on the letters which were received and 1 stated that while he appreciated the neighbors' comments, he feels that this subdivision does comply with the growth policy and will not be detrimental to the neighbors. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Atkinson moved and Hinchey seconded to adopt staff report KPP-03-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed preliminary plat approval for Three Mile Subdivision be approved subject to the 18 conditions. I BOARD DISCUSSION E Jentz stated for the record that the; e is a person living on a life estate where the cul-de-sac may be located, and that 1 there is a possibility that the road may be pulled back and 1 negate the need for the temporary cul-de-sac. i There was no further discussion. 'ROLL CALL 1 ' The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the :netting of October 14, 2003 Pay; 3 of 12 THREE MILE SUBDIVISION KA-03-1 S 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 31 Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 68 Cost of Services Per ca ita 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 1370) • Roads. $1.14 per lineal foot Additional cost in road maintenance Water: $3.44 per lineal foot Additional cost in water line maintenance • Sewer: $5.50 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Average Square foot per lot - 10,159 • Number of units x square foot x 0.00323 68 x 6&84 = $4,681 68 x 110.00 = $7,480 68 x 39.48 = $2,685 none for five years 1370 x 1.14 = $1,562 1370 x 3.44 = $4,713 1370 x 5.50 = $7,535 10,159 x 31x 0.00323 = $1,017 Total Antici ated Cost of Services: I 29 67"3 Anticipated Revenue Generated Assessments based on square footage: Average square foot per lot, 10,159 • Storm sewer assessment $0.00323 per square foot Revenue from storm sewer assessments 31 x 10,159 x 0.00323 = $1,017 • Street maintenance assessment $0.0086 per square foot Revenue from street maintenance assessments 3lx 10,159 x 0.0086 = $2,708 • Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 31 x 10,159 x 0.00135= $425 Special Assessments: There are no special assessments. General revenue: • Assessed value per dwelling: $175,000 Total assessed value: 31 x 175,000 = $5,425,000 Total taxable: 5,425,000 x 0.03543 = $192,208 • Total additional general revenue based on 144.65 mill levy: 192,208 x .14465 = $27,803 Total Additional Annual Revenue: $31.,953 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 lased as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS / 2003/ KA03-IBCOSTOFSVCS 2 THREE MILE SUBDIVISION j TIM BIRK INITIAL ZONING OF R-3 AND RA- I. UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-03-18 OCTOBER 6, 2003 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 9.1 acres. A public hearing has been scheduled before the planning board for October 14, 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: Tian. Birk 880 Farm. Road Kalispell, MT 59901 (406) 257-3141 Thomas and Shirley Jones 171 Three Mile Drive Kalispell, MT 59901 (406) 752-9014 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 male. The property proposed for annexation and zoning can be described as Assessor's Tract SAA (Tract 1 of COS 9693) 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 a 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 two one -acre lots using the cluster provisions. D. Proposed Zoning: The proposal would designate approximately 7.7 acres as R-3, Single Family Residential, a single-family residential district and 1.4 acres as RA-1, a Low - Density Residential Apartment. A preliminary plat for 30 single-family lots and a single multi --family lot has been filed concurrently with the annexation and zoning request. 4KA-03-1 S Page I of 6 E. Size: The property proposed for annexation and zoning contains approximately 9.1 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 western fringes of Kalispell in an area that is undergoing rapid urbanization within the past year. To the immediate west, Northview Heights is under construction and Raven Rock just received preliminary plat approval this summer. To the immediate south across Three Mile Drive an assisted living complex for elderly was constructed several years ago. To the east lies an undeveloped city park and rural large tract housing. 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 as well as Well Life assisted living complex zoned RA- l East: Rural residential homes zoned County SAG-10 and a city park zoned P-1 West Urban residential, City R-3 zoning H. General Land Use Character: The general land use character of the area is changing quickly to urban residential.. This process will be hastened as city sewer and water are extended to this area this fall. I. Availability of Public Services: City water and sewer services exist to the north of this site where the property abuts Sunset Court. In addition, water is proposed to be brought in from Raven Rock to the west. Sewer would also be extended from the south along Three Mile Drive as part of several development proposals occurring further west on Three Mile Drive. Road access to the site is available through the proposed Raven Rock subdivision to the west, Three Mile Drive to the south and Sunset Court to the north. 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.G.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. •- •- -+� we rr •rrr .E r r- 'Writ.■ r 0 On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth Policy which designates this area as Urban Residential. This designation anticipates a residential density of 3 to 12 dwelling unit per acre. Approximately 7.7 acres of this 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 6 dwellings per acre. The remaining 1.4 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. ; KA -o3-'8 Page 2 of 6 It can be anticipated that the proposed change in zoning from agricultural to residential will increase traffic impacts in the irriniediate area due to the subsequent development of the site. However, by concentrating development in a compact manner 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. Additionally, several accesses to the site will serve to provide new traffic routes within the community and improve neighborhood connectivity. 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 and the potential to provide several new connecting roads I the neighborhood will greatly enhance service. /' `r .- -! rr' • riffs r- /" / .// -•EMMM 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. 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. A r' a - -! !a" a ! a• sa -i ii a /-r/ IM 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 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. 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 #KA-0 3- I S Page 3 of 6 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. • Does the rraquested zone a - consideratinn to the •.r .s s ■- s ss-dk, for 12articula� uses';' 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 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. [ !r- ■- ■ - -• rr' s - •r.s - •s r- sr • s- +, s �- • 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. There is a single-family residential subdivision that adjoins this property to the west 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 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. -IKA--03- 18 Page 4 of 6 It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-03-18 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-1, Low Density Residential as indicated on attached Exhibit A upon annexation to the City. TJ 4KA-03--18 Page 5 of 6 LEGAL DESCRIPTION TIM BIRK - #KA-03-18 ANNEXATION BOUNDARIES Tract 1 of Certificate of Survey 9693 and the immediately abutting portion of Three Mile Drive located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. REQUESTED ZONING BOUNDARIES RA-1 ZONING - An area described as follows: Commencing at the South one -quarter corner of Section 1, Township 28N, Range 22W P.M.M. Flathead County. Thence N 00°02'22" E a distance of 47.33' to the North right-of-way of Three Mile Drive and the TRUE POINT of BEGINNING of the tract being described; thence N 89°5629" E along said right-of- way, a distance of 315.3l'; thence leaving said right-of-way N 01°20'07" E a distance of 189.06'; thence S 88"4852" E a distance of 316.22'; thence N 01'02'11" E a distance of 195.90 feet to the point of beginning containing an area of 53,687 square feet and attached to this site the abutting R/W of Three Mile Drive. R-3 ZONING Tract 1 of Certificate of Survey 9693 in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana excluding the area proposed for RA-1 zoning above. ''rKA-03-18 Page 6 of 6 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, TNIT 59901 Phone: (406) 751-1850 Fax: (=106) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONLNG CITY OF KNUSPELL NAME OF APPLICANT: -1-t yyi & f 9 %J _ t MAIL ADDRESS:_; SC2 41 CITY/STATEi'ZIP. &a/��" �1�:��t PHO vE: INTEREST IN PROPI' RTY: 2�L.. Kht Other Parties of Interest to be Notified: PARTIES OF INTEREST: .VIGIL ADDRESS: i /A €`e' CITY/STATE/ZIP:'I' I ' PHONE:T 75 � INTEREST IN PROPERTY: PLEASE CUMPLETE THE FOLLOWING. Address of the property: 1 '71 v f '' "' ALL Legal Description.: `fir (Lot and Block of Subdivision; 'Tract V) (Section,. Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: The proposed zoning of the above property is: �� � �' RA-) 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 routine inspection during the annexation process. Appiicant)I e ) APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION RIND INITIAL ZONING APPLICATIONS L 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: compliance with the master plan, compatibility of proposed zoning with surrounding zoning classifications and the application procedure. ?. Completed application form. 3. Completed Petition to Annex form including an Exhibit A, legal description of the property. 4. Annexation and Initial Zoning fee made payable to the T'ri-City Planning Office. 5. Pee Schedule: Residential (1 acre or less) no fee All other annexations: Over 1 acre - $100 for first acre + $10 per acre over I acre &. 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 5r1103 T -City Pannncy Office 17 Secand Street East— Suite 2 11 Kalispell, Nloatana 559901 Phone: (406) 751-1350 Fax: (40 a) 751-1358 tricityC centarytel.aet TO: Kalispell City Staff and Other interested "Parties FROM: tarn Jentz RE: October 14, 200") - Kalispell City Planning Board Agenda DA2E: September 15, 2003 Attached with this memo is iraform.ation relating to items that will go before the planning board on the above referenced date. L A request by Tim Birk for annexation, R-3 and RA-1 zoning and prelimianary plat approval of Three -',VTile Subdivisi=, a 31 lot residential subdivision on 9.1 acres of lan.d'ying on the north side: of Three Nfil,e Drive approximately one half mile west of North -Meridian Road. The plat would create 30 lets intended for single family de,, elopraen.t and 1 lot intended for multi -family 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 a request for annexation (above 2. A request by GeHnas Development L C t€r amend the Kalispell City Zoning Jurisdiction :Map from R-3 Single Fan:Oy Residential to R-S Residential/ Professional Office for a one city block area described as Slock 203 of Kalispell Addition 3 wit i n the, Cite of Kalispel]. 7ae site contains the former Courthouse East building and lies between, f t St', St~eets East and Sh &, 6- avenues East on the east side of Kalispell. This zonin.g designation allow as a permitted use single family and duplex hosing as -�.vell as -orofessional, offices. 3. A request by 1Port!.west Heaitbcare Corp. for preli..minary piat avVroval of a corzzzn.ercral re-subazvrsaQn propose fear the 3uffalo Commons d.eveic==.r. The appircant proposes to take three e--�dsting co nerciai lots on 3.72 acres and create a total of corarn lots. i.at 3. Sloe ??lase 3 of Sufaia Commons �ocatea oe—,,veen. Commons Loop and Commons Wav would be aaviaecr into commercial ots. =n additon a ztdsdng _ors 3Slacl ?ease f rzffaio l-On cns -.vricl2 : ont an 'uonzm©ns IooT voulci oe Divided Xrcu � .ots. =.=etiuest by -� aiisoeil rxvestrars .:, . cr Sze%%.7 irzaZr% plat upr�rasral of ate".vav Wesr `iiloditaszan vi iT =^_, a avo IDT Q*rR e.-cIal de.-e.ot]raen-: on _.39 ?'-nviaing 4:om unir -"arming _assistance 70- ;�z aiisneil3 v ter �� �iaaca�i�ia =ails q'"ice �t Witeiisft Referrals KFB its 114t 03 mtg September 15, 2003 Page 2 acres of land and a retention pond on..62 acres of land an a site located on the north side of US Highway 2 and west of Glenwood Drive at the main (south) entrance to the Gateway West Shopping Center. The two hots would straddle either side of the entrance road into the Mall.. The site is zoned. B-3 Count,,, Business. 5. A request by Foppiano, Canst=ction, Inc for an initial zoning designation of R- 3, Single Family Residential upon ann.e-Tation to the City of Kalispell on approl nately 1.0 acre of land located on the east side of Denver avenue immediately east of the intersection of Plicerrix Street in southwest Kalispell. 7'h s zoning designation anticipates single-family residences. The property is currently zoned R-1 single family residential in the County zoning jurisdiction. 6. A request by Larry and Arlene Johnson for an initial zoning designation of I- I Light industrial upon annexation to the City of Kalispell on approximately a .34 acre tract of land located generally between the Kalispell city airport and U S 93 South on the south end of Kalispell. This zoning desi.gna-Ln anticipates light industrial uses including airplane hangers. The property is currently zoned B-2 Gen.erai Business in the County zoning ,jurisdiction. The property proposed for annexation and zoning can be described as Parcel B of Certificate of Survey 8340 located in Section 20, Township 28 North, Range 21 West, P_M. M., Flathead County, Montana. These items will go before the Site Development Review Committee in the Kalispell Building Department beginning at 10--00 a.m. an the following mates: * September 13, 2003 - Initial comments * September 25, 2003 -- Final commentsireview conditions "l`°nese utters wish. go before the Ka ispell City Planning Board on Tuesday. October 14. 2003 for public hearing. Please bring your ccm.ments to the above referenced site review committee nePtiug(si or submit your comments n ,N=-ting or by phone, prior to septerab- - 25 2001w so that Sher can be incorporated i-nro the staff report to the larmin beard. You can reactme at - L F 3S 1. _f ?ou reed addiEonai ar nation regarczing any of These Ca l me. Thanir Y-ou for tal rg e rze to rep e and cot writ or hese items_ Referrers ?XFB 1Qr` 14 03 .tg Septerabt x 15, 2003 Pa;zt 2 C., W ; atLac e ts_ Jim Stewart, Fire Dept. Mika" Baker, Parks and Rec. Chris Kukulsid, City Manager PJ_ Sorenson, Zoning Administrator Roger Kraus, Police Dept_ Frank Castle, Civil. Eng*.neer Jim Hansz, Director Pudic Works Sandv Wheeler, Cane uniry Redevelopment Susan Mayer, Com=unity Development Director Craig Ker, are., Chief Building Inspector Charles Ila ball, C;,tv _attorney Steve Herzog, MDOT Charlie Johnson, Co. Rd. Superintendent Applicant J Owner H:\...\AGREF\MkL'SP L-"\R'c B10-14REaT-DOC: No 7431 'NOTIC OF PUBLIC HEARING KALISPE'LL CITY PLANNING BOARD AND ZONING COM- MISSION The'reg€ifar meeting.:of the. Kalispell' City -Mara riing, Board and, Zoning - Commission, rs schedf uled. f©r.;Tdaseiayx octa-.' ber 14;: 003 beginning' , at 7.Of) Phi} in the. Kalis= nQlr E':i{+r £"`_ittinr'tk•.-r'.4�ttYz: .. fng agenda items: The Council who. 1Gactinn.: I. A eouest bV ;rP BirK i behalf of Tho- mas and Shirley Jones for an Initial zoning des- ignation upon annexa- tion m the City of Katis- peli of R 3, Slagle Fami iY Rssidential on ap- .proxi;nately 7.7 acres and RA-1. Low Density Residential Apartment on approximately 1,4 acres located an the north side of Three ;elite Drive approximateiv one-half mile west of North Meridian Road. This zoning designation anticipates single-family in -r?e R-3 area and sin- gle-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 31 lots as described below is being filed concur- rently with the annexa- lion and zoning request. The property proposed for annexation and zon- ing can be described as Tract 1 of Certificate of Survey 9693 and the immediately abutting portion of Three iMile Drive located in Section I, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty. Montana. 2, A request by Tim Birk for preliminary plat approval of Three ,Mile ,Subdivision, a 31-lot residential subdivision on 9.1 acres of land Iv- 1ng on the north side of ,Three Mile Drive ap- proximately one half mile west of North Meri- `dian (Road, The plat 'would create 30 lots in- tended for single-family development and 1 lot intended for multi -family devalooment. The sui>- division mould be devel- oped in accordance with the City of Kalispe€4's design and construction standards. The prelimi- nary plat is being sub- mitted in conlunction with the annexation of the property and desia- naticn of lnitiai zonirq of R. `Jrban Residential and BRA,-, ;_Ow Density Residential ,Aoart,rrer?F. The oroperty can ce ae- scr€Jed as 'race at cer"ificale •Z�f surle+v 9693 iocated in Section 1 T cwnsnii? 'A North. Range ;2 Nest, P.M.M..=!ameaci Coun- ty, Acritana. 3. A request 'Jy Gell- .nas Devefepment LLC to amend the Kalispell City Zoning Junsdictcn Map from R-3 Single Family Residential to R- 5 Rssidenbaif Professio- nal Office for a one city block area described as Block 203 of Kalispell Addition 3 within the City Of Kalispeii. The site contains the former Courthouse East build- ing and',ies between 7th & 8th Streets East and 5tt'= & 6th Avenues East on the east side of Ka- fispeti. This zoning des- ignation allow as a per- mitted use single family and dupiex hosing as well as professional offi- ces. 1. 4. A request by North- west Healthcare Corp. for preliminary plat ap- proval of a commercial re -subdivision proposed for the Buffalo Com- mons development. The apo(icam 'proposes to take three existing com- mercial lots on 3,72 acres and create a total of 5 commercial lots. Lot 3, 3lock 3, Phase 3 of Buffalo Commons lo- cated between Com- mons Loop and Com- mons Way would be .divided into 2 commer- cial lots. In addition hvo existing lots 3 & 4, Black t, Phase 4 of Buffalo Commons which front an Commons Loop would be divided into 3 lots. The subdivision would be developed in accordance with City of Kalispell's design and construction standards. The proposed lots are iccated within the City of Kalispell in Section 6, Township 28N, Range 22 ;Nest. PMM Flathead County, Montana. A request by ACG -- Kalispell lnvestors LLC for preliminary plat ap- proval of Gateway VVest Subdivision Unit #2, a two -lot commercial de- velopment on 1.59 acres of ;and and a re- tention pond on .62 acres of land cn a site located )n the north side of US Highway 2 and west of Glenwood Drive at the main isouah? entrance to -he Gateway, Nest Shop- ping .;enter. The _wo lots .vould 'straddle e, :het side Of `,ne efitl roar into the rvlail. The site is _oned 3=3 Com- munity Business. 'he Pro.u__!TV Is generally =de- scnaea as the southeriv portion of Lot 2 of Cate- -wav vVest :addition 34 in ��[:`Cr? Taavnsrrir3 "EN, '"lange 22 '-Nest, _iomana. 6. A raaues; b'J r-o1- pianc Consl-t. cticn, Inc for an initial zonir.; des- ignation of R-3. S}ngle- Family Residential upon annexation to the City of Kalispell an approxi- mate€y 1.0 acre cf land located or, the east side of Denver Aven.:e im- mediateiv east of the in- tersectiorl of Ph0enix Street in southwest Ka- lispell. This zoning des- ignation anticipates sin- gle-family residences. The property is currently zoned R-1 single -faulty residential in the County zoning jurisdiction. The property proposed for annexation and zoning can be described as Tract 2 of Certificate of Survey 11,352 located in Section 19, Township 2B North, Range 21 West, P..iI.M., Flathead County, Montana. 7. A request by Larry and Arlene .Johnson for an initial zoning desig- nation of 1-1 Light indus- trial upon annexation to the City of Kalispell on approximately a .34 acre tract of land locat- ed generally between the Kalispell city airpori and US 93 South on 'he south end of Kaiisnali. This zoning designation anticipates light industri- al uses including air- plane hangers. The property is currently zoned B-2 General Business in the County zoning jurisdiction. The property proposed 'or annexation and zoning can be described as Parcel B of Certificate cf Survey 8340 located in Section 20, Township 28 North, Range '-1 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public in- spection at the T€i-City Planning Office, 17 Sec- ond Street East, Suite 211 , Kalispell, LjT 59901, and are availa- ble for public review during "regular tiffice hours, Interested persons _re encouraged to attend the bearing Ind :7ake their views and con- cerns mown to a Sparc. Written com- j?"fe!its rnaV be SrDMIt- =ed to tnei ri-cl.w ning office at the address. prior =o Chu date of the Iiearmcf, :-r contact � om Jentz, 0- rector_ at {4G61 850 for additional inmr- mation. isMiornas R. yen== hornas R, Jentz :fanning Director emerl `28. `OCSI. PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL 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 �i.: Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; ud 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 Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of S years from date of annexation. Petitioner/Owner Date Petitioner/Owner Date Please return this petition to: Tri-City Planning Office 17 2nd St East, Suite 211 Kalispeil MT 59901. NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed that has been reviewed and certified by the Flathead County Plat Room. STATE OF MONTAN A ) : ss County of Flathead County On this � { day oft' -be k- L before me, the undersigned, a Notary Public for the State of Montana personally appeared to _ r : known person whose name is subscribed to the foregoing instrument and acknowledged executed the same. 1N REOF, I have hereunto set my hand and affixed my Notary Seal the day and s eeMficgite first above written. �0 (/6 6 '• r Notary Public, )Sttat�e� of Montana-�}�� Residing at �14MI41���`"" Nly Commission expir s: 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 one to be the person whose name is subscribed to the foregoing instrument and acknowledged to one 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. 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 , and respectively, of 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 WHEREOF, r have hereunto set my band and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residina at My Commission expires / 14 / 1 3 f:-J5 5 4 7 16 _ 20 14 1 12 17 jg 19s� 2 3 4 1 5 1 24 1 22 21' 20 P-J— 1 7 6 17 8` R, 18 19 5AH 9 �7 2 1 16 1 14 1 13 12f.11 8'=8 10 5 5AF t 7 '""' I2 10 3 13 11 5 21 A - A J ✓ R 6 G 6 SCI 'C 255 2 4 `E 2 2 _(161 t . TREE ileiiLE OR 5AD 5AB _ 1 R4, 4CB '^1 5A —_ R07 F SAGA E 3 5 5 2 4 24 5AF` R A-1, G 4A R±4 4— zp VICINITY MAP TIM BIRD - "THREE MILE SUBDIVISION" ANNEXATION & INITIAL ZONING OF R-3, SINGLE FAMILY RESIDENTIAL ( 7.85 ACRES) & RA----1, LOW DENSITY RESIDENTIAL APARTMENT (1.23 ACRES) FROM SAG-10, SUBURBAN AGRICULTURAL - 10 ACRES FLATHEAD COUNTY ZONING JURISDICTION ILE sli`i-" 0c3 S „ FU" DABS: 9/10/03 SCALE 1 = 30� !q\\ —l&"9