1. Resolution 4681 - Annexation Request - Lisa WursterREPORT TO:
FROM:
SUBJECT
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax:(406) 751-1858
tricity@centurytel.net
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Annexation and Initial RA-1 Zoning - Lisa Wurster
East End of Washington Street
MEETING DATE: March 4, 2002
BACKGROUND: This is a request for annexation and an initial zoning designation of
RA-1, Low Density Residential Apartment, for property that lies at the east end of
Washington Street on the north side. The property contains approximately one half
acre and has been recently surveyed into two parcels. There is a single family home
located on the parcel the west and a Quonset but on the parcel to the east. The
property owners would eventually remove the Quonset but in order to redevelop the
property to the east with either a four-plex or two duplexes. The apartments or
duplexes would require a conditional use permit. Currently in the property is located
in the County zoning jurisdiction and is zoned County R-5, a Two Family Residential
zoning district.
The Kalispell City Planning Board held a public hearing regarding this matter at their
regular meeting of February 12, 2002. A motion was made and passed unanimously
to forward a recommendation that initial zoning for this property should be RA-1, Low
Density Residential Apartment, upon annexation.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for RA-1
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Wurster Annexation and Initial Zoning
February 21, 2002
Page 2
Report compiled: February 21, 2002
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
FRDO report KA-02-1 and application materials
Draft minutes from 2/ 12/02 planning board meeting
H: \ FRDO \TRANSMrr\KALISPEL\2001 \KA02-1MEMO.DOC
RESOLUTION NO. 4681
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE
KNOWN AS WURSTER ADDITION NO. 311; 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 Lisa
Wurster, the owner of property located at the east end
of Washington Street on the north side and further
described in Exhibit A, attached hereto and thereby made
a part hereof, requesting that the City of Kalispell
annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Lisa
Wurster's Annexation Request, #KA-02-1, dated February 5,
2002, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission
recommended that the territory be annexed into the City
of Kalispell, and
WHEREAS, said territory is included within and conforms to the
Kalispell City -County Master Plan, 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 in
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 Wurster Addition No. 311.
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 III. The territory annexed by this Resolution
shall be zoned in accordance with the Kalispell Zoning
Ordinance.
SECTION IV. This Resolution shall be effective
immediately upon passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 4TH DAY OF MARCH, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
DESCRIPTION: PARCEL "A"
A tract of land in SE1/4 NW1/4 of Section 8, Township 28 North,
Range 21 West, P.M.,M., Flathead County, Montana, described as
follows: Commencing at the intersection of the north right-of-way
of Washington Street and the west right-of-way of Eighth Avenue
East North; thence N7601210611E 208.00 feet along the north right-
of-way of Washington Street to the TRUE POINT OF BEGINNING of the
tract of land herein described; thence continuing along said north
right-of-way N7601210611E 61.30 feet; thence N1303915311W 148.72
feet; thence S76017140"W 3.35 feet; thence S76023116"W 57.95 feet;
thence S1303915211E 148.91 feet to the point of beginning containing
9122 square feet more or less, being subject to and together with
all appurtenant easements of record.
DESCRIPTION: PARCEL "B"
A tract of land in SE1/4 NW1/4 of Section 8, Township 28 North,
Range 21 West, P.M.,M., Flathead County, Montana, described as
follows: Commencing at the intersection of the north right-of-way
of Washington Street and the west right-of-way of Eighth Avenue
East North; thence N76012106"E 269.30 feet along the north right-
of-way of Washington Street to the TRUE POINT OF BEGINNING of the
tract of land herein described; thence continuing along said north
right-of-way N7601210611E 89.33 feet to a point on the west boundary
of Tract "2" as shown on Certificate of Survey No. 14094, records
of Flathead County; thence northerly along said west boundary the
following two courses: NO101910511E 74.19 feet and N3104915311E
102.31 feet to a point on the south boundary of Parcel "A" as shown
on Certificate of Survey No. 12167, records of Flathead County;
thence westerly along said south boundary the following two
courses: S76022103"W 42.77 feet and N3104915011E 7.43 feet; thence
S7601714011W continuing along said south boundary and the south
boundary of HAFER ADDITION, a subdivision, records of Flathead
County, and its extension 144.00 feet; thence S13039'53"E 148.72
feet to the point of beginning containing 18229 square feet more or
less, being subject to and together with all appurtenant easements
of record.
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
February 21, 2002
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of RA-1, Low Density Residential Apartment -
For Lisa Wurster at the East End of Washington Street
Dear Chris:
The Kalispell City Planning Board met on February 12, 2002, and held a public
hearing to consider a request by Lisa Wurster for annexation and an initial zoning
designation of RA-1. The property contains approximately one half acre and is located
on the east end of Washington Street on the north side of the street. The applicants
are proposing City RA-1, a Low Density Residential Apartment zoning district. The
property is currently zoned County R-5, a Two Family Residential zoning district. The
property was recently resurveyed and there is a single-family home on the parcel to
the west and a Quonset but on the parcel to the east. Eventually the Quonset but
would be removed and the property redeveloped with City water and sewer.
Narda Wilson of the Tri-City Planning Office presented staff report KA-02-1,
evaluating the proposed zoning. Staff recommended initial zoning of City RA-1, Low
Density Residential Apartment based on the master plan designation of high density
residential and adjoining zoning.
At the public hearing the applicant spoke in favor of the zoning and no one spoke in
opposition to the proposal.
After the public hearing the board discussed the proposal and a motion was passed
unanimously to forward a recommendation that initial zoning for this property should
be RA-1, Low Density Residential Apartment upon annexation. The legal description
of the property to be annexed is attached as Exhibit A.
Please schedule this matter for the March 4, 2002 regular city council meeting. You
may contact this board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish
Lisa Wurster - Annexation and Initial Zoning
February 21, 2002
Page 2
Sincerely
Kalispell City Planning Board,
'4 A�O
Ron Van Natta
President
RVN/NW/
Attachments: Petition to annex (original)
Exhibit A - legal description
Staff report KA-02-1 and applical
Draft minutes 2/ 12/02 planning
c w/ Art: Theresa White, Kalispell City Clerk
c w/o Att: Lisa Wurster, 692 Foys Canyon Rd, 1
Stokes & Assoc., 343 First Ave West,
H:\FRDO\TRANSMIT\KALISPEL\2002\KA02-1DOC
materials
and meeting
MT 59901
., MT 59901
Lisa Wurster - Annexation and Initial Zoning
February 21, 2002
Page 3
Exhibit A
Legal Description
Lisa M. Wurster Annexation
DESCRIPTION. PARCEL "A"
A tract of land in SEI/4 NWI/4 of Section B. Township 28 North,
Range 21 West, P.M.,M., Flathead County, Montana, described as
follows. Commencing at the intersection of the north right—of—
way of Washington Street and the west right—of—way of Eight
Avenue East North; thence N7612'06"E 208.00 feet along the
north right—of—way of Washington Street to the TRUE POINT OF
BEGINNING of the tract of land herein described; thence
continuing along said north right—of—way N76012'06"E 61.30
feet, thence N13'3953"W 148.72 feet; thence S76"17'40"W 3.35
feet, thence S76'2316"W 57.95 feet; thence S13'39'52'�
148.91 feet to the point of beginning containing 9122 square feet
more or less, being subject to and together with all appurtenant
easements of record.
DESCRIPTION. PARCEL B"
A tract of land in SEI/4 NWI/4 of Section 8, Township 28 North,
Range 21 West, P.M.,M, Flathead County, Montana, described as
follows. Commencing at the intersection of the north right—of—
way of Washington Street and the west right—of—way of Eight
Avenue East North; thence N76'12'06"E 269.30 feet along the
north right—of—way of Washington Street to the TRUE POINT OF
BEGINNING of the tract of land herein described; thence
continuing along said north right—of—way, N76012'06T 89.33 feet
to a point on the west boundary of Tract 2" as shown on
Certificate of Survey No. 14094, records of Flathead County,•
thence northerly along said west boundary the following two
courses. N0119'05'� 74.19 feet and N31'4953"E 102.31 feet to
a point on the south boundary of Parcel A" as shown on
Certificate of Survey No. 12167, records of Flathead County,•
thence westerly along said south boundary the following two
courses. S7622'03"W 42.77 feet and N31'49'50'E 7.43 feet;
thence S76'17'40"W continuing along said south boundary and the
south boundary of HAFER ADDITION, a subdivision, records of
Flathead County, and its extension 144.00 feet, thence
S13'39'53"E 148.72 feet to the point of beginning containing
18229 square feet more or less, being subject to and together
with all appurtenant easements of record.
CALL TO ORDER AND ROLL CALL
THE REGULAR MEETING OF THE KALISPELL PLANNING BOARD AND ZONING
COMMISSION WAS CALLED TO ORDER AT 7:00 P.M., TUESDAY, FEBRUARY 12,
2002, BY RON VAN NATTA, IN THE COUNCIL CHAMBERS AT CITY HALL, KALISPELL,
MONTANA. MEMBERS PRESENT WERE RON VAN NATTA, MARK BRECHEL, JIM
ATKINSON, BONNIE SPOONER, BILL RICE, SUE ELLYN ANDERSON AND JEAN
JOHNSON.
APPROVAL OF MINUTES
Atkinson moved and Rice seconded to approve the minutes of the meeting of
January 15, 2002, as corrected.
The motion was unanimously approved on a vote by acclamation.
PUBLIC HEARING ITEMS
Lisa M. Wurster Initial Zoning Staff Report #KA-02-1
A request by Lisa M. Wurster for an initial zoning designation of RA-1, a Low -Density
Residential Apartment district, upon annexation into the city of Kalispell of
approximately one-half acre that lies at the east end of Washington Street on the north
side.
Narda Wilson, of the Tri-City Planning Office, gave a presentation of staff report KA-
02-1, a petition for annexation and initial zoning classification of RA-1, Low Density
Residential Apartment. The property is in the County zoning jurisdiction and is zoned
County R-5, a Two Family Residential district. Wilson reviewed the findings of fact
and statutory criteria. Based on the high density master plan designation and the
adjacent zoning, staff recommended adoption of the RA-1 zoning upon annexation.
Jean Johnson reported he was associated with Lisa Wurster, but in no way was he
involved in the proposal. There was no objection from board members and he
remained seated.
Public Comment - Proponents
Lisa Wurster, applicant, spoke in favor of the proposal stating she was in agreement
with the findings of fact and would answer any questions from the board.
Public Comment - Opponents
No one wished to speak and the public hearing was closed.
Atkinson asked if there were any conditions and Wilson answered that it was a simple
annexation, so the applicant could go forward with future development plans knowing
City services would be available.
Kalispell City Planning Board Minutes
February 12, 2002
Page 1
Atkinson asked for clarification on the vicinity map and Ms. Wurster explained the
layout of the land. He asked if she would keep the trees and Ms. Wurster said, yes,
they would like to keep a buffer, leave the yard, and make space for affordable homes.
Wilson noted that the property owners goal was to build a four-plex or two duplexes
on the property which would have to come before the board as a conditional use
permit.
Van Natta asked if it would come again before the board as duplexes and Wilson
responded saying that if there were more than one duplex on the property such as two
duplexes or a four-plex, the development would be subject to a conditional use permit.
Atkinson moved and Johnson seconded to adopt staff report KA-02-1 as findings
of fact and recommend to the Kalispell City Council that the initial zoning for
this property upon annexation be RA-1, Low Density Residential Apartment.
The motion passed unanimously on a roll call vote.
There was a brief discussion regarding the city council action on previous projects. It
was noted that the subdivision near the Gateway West Mall was postponed until the
March 4u meeting at the applicants request.
NEW BUSINESS
There was no new business.
The meeting was adjourned by motion at approximately 7:15 p.m. The next regular
meeting of the Kalispell City Planning Board and Zoning Commission will be held on
Tuesday, March 12, 2002, at 7:00 p.m.
Ron Van Natta, President Debbie Willis, Recording Secretary
APPROVED as presented corrected
Kalispell City Planning Board Minutes
February 12, 2002
Page 2
LISA WURSTER
REQUEST FOR INITIAL ZONING OF RA-1 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-02-1
FEBRUARY 5,2002
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
the initial zoning of RA-1 upon annexation to the city. A public hearing has been
scheduled before the planning board for February 12, 2002 beginning at 7:00 PM in the
Kalispell City Council Chambers. The planning board will forward a recommendation to
the Kalispell City Council for final action.
BACKGROUND INFORMATION
This report •evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The applicant
has petitioned annexation and initial zoning classification of RA-1, Low Density
Residential Apartment. The property is in the County zoning jurisdiction and is zoned
County R-5, Two Family Residential district. This property will be annexed under the
provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition.
A. Petitioner and Owners: Lisa M. Wurster
692 Foys Canyon Rd.
Kalispell, MT 59901
(406) 257-4862
Technical Assistance: Paul J. Stokes &, Associates
343 First Ave West
Kalispell, MT 59901
(406) 755-8707
B. Location and Legal Description of Property: The property proposed for
annexation lies at the east end of Washington Street on the north side. The
property contains approximately one-half acre and can be described as Assessor's
Tracts 34 and 30XB located in Section 8, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
C. Existing zoning: The property is currently in the County zoning jurisdiction and
is zoned R-5, Two Family Residential. This district allows single-family homes and
duplexes as permitted uses and has a minimum lot size requirement of 5,400
square feet. Areas with an R-5 zoning designation would typically be located in an
urban setting with full public services and utilities.
D. Proposed Zoning: City RA-1, a Low Density Residential Apartment District has
been proposed for the property. This district allows duplexes and single-family
homes as permitted uses and multi -family dwellings as permitted uses. The
minimum lot size requirements for the district is 6,000 feet for the first duplex plus
and additional 3,000 square feet for each unit beyond a duplex.
E. Size: The area proposed for annexation and zoning contains approximately one
half acres.
F. Existing Land Use: Currently this property has a single-family home on the parcel
to the west and a Quonset but on the property to the east. A recent boundary line
adjustment segregated the two uses onto separate parcels. The Quonset but will
be removed at some point in the future to accommodate either a four-plex or two
duplex units on the site.
G. Adjacent Land Uses and Zoning: The immediate area is characterized by a mix of
single-family homes, a mobile home park and apartments. There are single-family
homes on the larger lots to the lots to the west and north.
North: Single-family homes, City R-3 and County R-5 zoning
East: Mobile home park, RV park and assisted living facility in
Greenwood Trailer Park, County R-5 zoning
South: Apartments, City RA-1 zoning.
West: Single family residences; County R-5 zoning
H. General Land Use Character: The area can be described as an area of mixed uses
that is a transitional area between the commercial strip along Idaho Street to the
south and the more urban residential area to the north. The immediate area is
characterized by single-family homes on urban sized lots in the area to the west
and north and there is a mobile home park / RV park to the east. There is a
relatively high density apartment use that is directly across the street from this
property to the south.
I. Availability of Public Services and Extension of Services: Public services,
including City water and sewer, can be provided to this site and will be done in
accordance with the City of Kalispell's Extension of Services Plan and in
accordance with Kalispell's Design and Construction Standards.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
1. Does the requested zone comely with the Master Plan?
The property is designated by the Kalispell City -County Master Plan as "High
Density Residential' which is defined as anticipating a density of eight to 40 units
per gross acre. The proposed zoning is in compliance with the master plan which
anticipates a high density residential development in this area.
2. Is the requested zone designed to lessen congestion in the streets?
The location of this property is in an area that can be served by City services and
infrastructure. Traffic in the area will increase rather insignificantly once this
property has been fully developed because the size of the parcels cannot
2
accommodate significant density. The requested zoning designation and
subsequent development of the site will not lessen congestion in the streets in the
area, but is anticipated to occur as development of the site is undertaken.
3. Will the requested zone secure safety from fire, Panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. New construction will be required to be in
compliance with the safety codes of the City which relate to fire and building
safety. All municipal services including police and fire protection, water and
sewer service is available to the area and will be extended as part of the
development of this property at some point in the future.
4. Will the requested zone Promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and providing a place for new housing in the community.
5. Will the requested zone Provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
6. Will the requested zone Prevent the overcrowding of land?
As previously noted this area has been anticipated for high density residential
development. Public water and sewer are in close proximity to the site and the
requested urban land use designation is appropriate. The anticipated density
generally falls within the proposed zoning designation. All public services and
facilities will be available to serve this subdivision. An overcrowding of land
would occur if infrastructure were inadequate to accommodate the development
in the area. This is unlikely to occur.
7. Will the requested zone avoid undue concentration of -people?
Minimum lot standards and use standards as well as subdivision development
standards will avoid the undue concentration of people at the time the property is
developed.
8. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools, parks, and other Public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
3
9. Does the requested zone cdve consideration to the particular suitability of the
properly for Darticular uses?
The proposed RA-1 zoning district is consistent with the zoning to the south of
this property and the mix of land uses in the area. The requested zoning gives
due consideration of the suitability of this property for the permitted uses in the
district.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is a mix of land uses that includes a mobile
home park, RV park and assisted living facility to the east, urban sized lots with
single-family homes to the north and west and apartment development to the
south. It is anticipated that some apartment type of development would occur on
this property and will be consistent with the goals of the district.
11. Will the proposed zone conserve the value of buildings?
12,
Value of the buildings in the area will be conserved because the RA-1 zoning will
promote compatible and like uses on this property as are found on other
properties in the area.
Urban scale residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this parcel. The
proposed zoning is consistent with the master plan and surrounding zoning in
the area.
SUMMARY AND DISCUSSION
The proposed City RA-1 zoning is consistent with the zoning and development of
property adjoining it to the south and is compatible with the mixed use character of the
area and in compliance with the High Density Residential designation of the master
plan. Public services and the facilities are available to the site and will be extended and
constructed in accordance with the City of Kalispell Extension of Services Plan and the
Kalispell Design and Construction Standards.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-02-1 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for this property upon annexation be RA-1, Low Density
Residential Apartment.
REPORTS\KA\O1\KA02-1.DOC
NW
rd
PAUL J. STOKES & ASSOCIATES, ING
Consulting Engineers
-- January 7, 2002 343 Fist Ar ae West
K.WIW1. MT SMI
Tekphaee (406) 7554707
FAX (406) 755-2613
Narda Wilson, Senior Planner
Tri City Planning Office
17 Second Street East, Suite 211
Kalispell, Montana
RE: Petition for Zoning Amendment
Tract 30XB & 34, Section 8, T.28N,1L21 W.
Flathead County, Montana
Dear Narda;
Please find enclosed a Petition for Annexation and Initial Zoning for the City of Kalispell
in regards to the above -mentioned property. My husband and I, along with this
application are submitting a Boundary Line Adjustment as shown on tlx: attached
Certificate of Survey, and plan on building 2 duplexes on Parcel `B". We intend on
hooking the duplexes up to public water and sewer. I met with Dick Amerman from the
Public Works Department, and we discussed the feasibility for the hookup. He stated that
these services are available.
If you have any questions please feel free to contact our office.
Very Truly Yours,
PAUL L STOKES & ASSOCIATES, INC.
BY: (—� (N tkal
Lisa M. Wurster
Project Engineer
c: File
1L%1E ydacamcnrAaa4c= to oarda
RECEIVED
JAN 0 7 2002
TRI-M PLANNING OFFICE
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 INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT:-
L 1,5 � in / - W �r� S 7
MAM ADDRESS: C Cc- F:-Q n G Yi.D/�Yl LE04 -
CITY/STATE/ZIP:.
PHONE: o?-S-4- - i& & oL—
INTEREST IN PROPERTY: i0W rV I- d g-r 2I42Z
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: i a 4C-Z J 6yV teo
MAIL ADDRESS: 3 `-3 %
CITY/STATE/ZIP: ko P + PHONE: - }
n —
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property:
Legal Description S E
(Section, Township,
(Lot and Block of Subdivision; Tract #)
M T 1—' v1 /2 - Ti-a-
(Attach metes and bounds as Exhibit A)
The present zoning of the above property is: - S
The proposed zoning of the above property is:
c....e ♦U, ,.t—... A . rhnnaina rnnriifnnq that make the nroDosed amendment necessary:
/I/LT 561 qo i
ss##xss###x#s#s##x#xssxxxsx##x#sss#ss#ss#xss
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.
"OwLt� 12-1)110
(Applicant) (Date)
31
WURSTER BLA
EXHIBIT "A'
DESCRIPTION. PARCEL ':4 "
A tract of land in SE114 NW114 of Section 8, Township 28 North,
Range 21 West, P.M.,M., Flathead County, Montana, described as
follows: Commencing at the intersection of the north right—of—
way of Washington Street and the west right—of—way of Eight
Avenue East North; thence N76"12'06'E 208.00 feet along the
north right—of—way of Washington Street to the TRUE POINT OF
BEGINNING of the tract of land herein described; thence
continuing along said north right—of—way N76"12'06'E 61.30
feet; thence N13"3953"W 148.72 feet; thence S76"17'40"W 3.35
feet, thence S76a23'16"W 57.95 feet; thence S13"3952'E
146.91 feet to the point of beginning containing 9122 square feet
more or less, being subject to and together with all appurtenant
easements of record.
DESCRIPTION. PARCEL 'B"
A tract of land in SE114 NW114 of Section 8, Township 28 North,
Range 21 West, P.M.,M., Flathead County, Montana, described as
follows: Commencing at the intersection of the north right—of—
way of Washington Street and the west right—of—way of Eight
Avenue East North; thence N76012'06"E 269.30 feet along the
north right—of—way of Washington Street to the TRUE POINT OF
BEGINNING of the tract of land herein described; thence
continuing along said north right—of—way N76012'06'E 89.33 feet
to a point on the west boundary of Tract "2" as shown on
Certificate of Survey No. 14094, records of Flathead County;
thence northerl,, along said west boundary the following two
courses. N01 "19 05'E 74.19 feet and N31 °49'53"E 102.31 feet to
a point on the south boundary of Parcel 'A" as shown on
Certificate of Survey No. 12167, records of Flathead County,
thence westerly along said south boundary the following two
courses: S76°22'03"W 42.77 feet and N31 °49'50'E 7.43 feet;
thence S76*17'40"W continuing along said south boundary and the
south boundary of HAFER ADDITION, a subdivision, records of
Flathead County, and its extension 144.00 feet; thence
S13"39'53'E 148.72 feet to the point of beginning containing
18229 square feet more or less, being subject to and together
with all appurtenant easements of record.
Tt1a Dai(y Inter Lake, Sunday, January 27, 2002 D7
;. No. 5432
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
..PLANNING BOARD
AND ZONING COM-
MISSION
Initial RA-1 Zoning
Upon Annexation -
Washington Street
The regular meeting of
:the Kalispell City Plan-
ning Board and Zoning
''Commission is sched-
uled for Tuesday, Feb-
ruary 12, 2002 begin-
ning at 7:00 PM in the
`Kalispell City Council
.Chambers, Kalispell
City Hall, 312 First Ave-
nue East, Kalispell. Dur-
ing the regularly sched-
uled meeting of the
p lanning board, the
board will hold a public
hearing and take public
comments on the follow-
ing agenda item. The
;board will make a rec-
ommendation to the Ka-
frb'spell City Council who
! will take final action.
< 1. A request by Lisa
M. Wurster for an initial
.gning designation of
A-1, a Low -Density
'Residential Apartment
district upon annexation
". into the city of Kalispell
on approximately one
half acre that lies at the
east end of Washington
Street on the north side.
The property is currently
In the County zoning ju-
risdiction and is zoned
R-5, a Two Family Resi-
dential zonina. The
',annexation can be de-
scribed as as Assessor's
,Tracts 30XB and 34 lo-
cated in Section 8,
Township 28 North,
Range 21 West,
P.M.M., Flathead Coun-
ty, Montana.
Documents pertaining
to this agenda item are
on file for public inspec-
Von at the Tri-City Plan-
ning Office, 17 Second
.Street East, Suite 211,
kalispall, MT 59901,
find are available for
.public review during
regular office hours-
,, Interested persons are
encouraged to attend
the hearing and make
their views and con-
cerns known to the
Board. Written com-
ments may be submit-
ted to the Tri-City Plan.
-mng 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.
/stThomas R. Jentz
Thomas R. Jentz
Planning Director
January 27, 2002
PETITION NO.:
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 Petiticnei(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 C(�� aky-) Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
�� In y /� io
Petitioner/Owner Date
Petitioner/Owner Date
Please return this petition to:
Tri-City Planning Office
17 Second Street East, Suite 211
Kalispell MT 59901
Nate: Exhibit A (legal description) must be attached for the petition to be valid.
STATE OF MONTANA )
ss
County of Flathead County
On this I day of J� o2�Or7- before me, the undersigned, a Notary Public for
the State of Montana, personally ap ared 10 A— M , LU UyS%2.4' 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 Pub tc, Stat f Mont a
Residing at
My Commission expires:
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.
STATE OF MONTANA )
County of Flathead
ss
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of before me, the undersigned, allotary 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, 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
Y
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$311, 1 SENT Ilk
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MASTER PLATY EXEMPTTON
CERTIFICATION OF THE AVAILA13TLITY OF MUMCIPAL SERVICES
In accordance with Ap:M 16,16.603, the following information is prooidcd to the Department of Health
and Environmental Sciences for their consideration of the subdivision:
1. Name of Subdivision
Location of Subdivision: (See attached location map)
dC— 1/4 NUJI/4 Section d Township WS Range oG/
2. Name and Address of
9 9 a/O /
3. A copy of the —)� preliminary plat is attached.
final plat
4. Number of parcels in this subdivision: a-
5. This property is within a P— — 5 ( LQ
zone_
A copy of the zoning ordinance is attached.
6. The City of Kalispell hereby certifies that adequate municipal facilities are available (or will be
within one year) to provide the following services to the subdivision:
Water Supply Yes _ No _
Sewage Disposal Yes _ No _
Solid Waste Disposal Yes _ No _
MASTER PLAN EXEMPTION
CERTIFICATION OF THE AVAILABILITY OF MUNICIPAL SERVICES
Page 2
7. Method of financing extension of water and/or sewer mains:
A water main already exists in the right -of --way adjacent to this subdivision. No extension of a
water main is required. The property owner will bear the cost of water service line installation.
_A water main extension is required. The cost of the extension will be financed
by
_A sewer main already exists in the right-of-way adjacent to this subdivision. No extension of a
sewer main is required. The property owner will bear the cost of sewer service line installation.
2—(A sewer lipe extension is required. The cost of the extension will be financed
by_iD
8. Date of certification:
9. Certified
74
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WURSTER BLA
ADJACENT OWNERSHIP
TRACT 30XB & 34
NW 1 /4 SECTION 8, T.28N., R.21 W., P.M.,M.,
FLATHEAD COUNTY, MONTANA SCAM
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301
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
Initial RA-1 Zoning Upon Annexation - Washington Street
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, February 12, 2002 beginning at 7:00 PM in the Kalispell
City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During
the regularly scheduled meeting of the planning board, the board will hold a public
hearing and take public comments on the following agenda item. The board will make
a recommendation to the Kalispell City Council who will take final action.
1. A request by Lisa M. Wurster for an initial zoning designation of RA-1, a Low -
Density Residential Apartment district upon annexation into the city of Kalispell
on approximately one half acre that lies at the east end of Washington Street on
the north side. The property is currently in the County zoning jurisdiction and is
zoned R-5, a Two Family Residential zoning. The property proposed for
annexation can be described as Assessor's Tracts 30XB and 34 located in Section
8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
Documents pertaining to this agenda item 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. Jen
Planning Director
PUBLISH: Legal Notices
Daily InterLake
Sunday, January 27, 2002
BILL: Tri-City Planning Office
17 Second Street East, Suite 211
Kalispell MT 59901
Note: This office is acting as an agency of the City of Kalispell and should be billed at
the City's contract rate.
H:\LEGALS\XA\02\KPB00212.D0C
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VICINITY MAP
301CA
LISA WURSTER
ANNEXATION INTO KALISPELL AND INITIAL ZONING OF
RA-1, LOW DENSITY RESIDENTIAL APARTMENT
FROM COUNTY ZONING OF R-5, TWO FAMILY RESIDENTIAL
PLOT DATE: 1/24/02
FILE KA-02-1 SCALE 1" = 200' A\&\site\1-02-1-�
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