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5. Resolution 4703 - Annexation - Flathead (Glacier) Village Greens Phase XIREPORT TO: FROM: SUBJECT MEETING DATE: Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 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 Zoning of R-4, Two Family Residential, for Glacier Village Greens Unplatted Phase XI May 20, 2002 BACKGROUND: This is a request on the initial zoning for property being annexed into the city located in Glacier Village Greens that would be designated R-4, a Two Family Residential zoning district. This district has a minimum lot size of 6,000 square feet and allows duplexes and single-family homes as permitted uses. The property is currently designated as County R-5, a Two Family Residential district and the proposed zoning is comparable. This is an additional phase that was approved by the Board of County Commissioners and is currently unplatted as Glacier Village Greens Phase XI, a 12 lot subdivision that contains 2.929 acres. This phase consists of six two unit townhouses for a total of 12 sublots located at the northern terminus of East Nicklaus Avenue. On May 14, 2002 the Kalispell City Planning Board held a public hearing to consider the appropriate zoning for the property upon annexation to the city and passed a motion unanimously to recommend the proposed R-4, Two Family Residential, zoning consistent with the zoning of other property within the Glacier Village Greens development. RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4 zoning upon annexation would be in order. FISCAL EFFECTS: Some potential positive effects once fully developed. AJ�L��,TERNATI'�V'E/�pS: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: May 15, 2002 c: Theresa White, Kalispell City Clerk H: \FRDO \TRANSMIT\KA11SPEL\2001 \KA01-43MEM02.DOC Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net May 15, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning - Future Phase XI of Glacier Village Greens Dear Chris: The Kalispell City Planning Board met on May 14, 2002, and held a public hearing to consider initial zoning on one additional phase of an unplatted townhouse subdivision in Glacier Village Greens golf course development. A petition for annexation request by Glacier Village Greens Inc. was submitted for 2.929 acres. Glacier Village Greens Phase XI has 12 sublots. The properties proposed for annexation lie within the Glacier Village Greens Golf Course development on the north side of West Evergreen Drive and east of Whitefish Stage Road. The staff is recommending City R-4, a Two Family Residential zoning district, which has a minimum lot size requirement of 6,000 square feet and allows duplexes and single-family homes as permitted uses. Narda Wilson with the Tri-City Planning Office presented staff report #KA-02-4, evaluating the proposed zoning noting that the proposed zoning is consistent with the zoning adopted for the Village Greens development. No one spoke at the public hearing. After the public hearing the board discussed the zoning for the property and the unplatted subdivision. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation. Please schedule this matter for the May 20, 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. Sincerely, Kalispell City Planning Board '°H "'" Ron Van Natta President Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish RESOLUTION NO. 4702 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 AS THE SUBDIVISION PLATS OF VILLAGE GREENS PHASE XI LOCATED IN SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS VILLAGE GREENS PHASE XI ADDITION NO. 313; 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 Flathead Greens Development, the owners of property located on the north side of West Evergreen Drive, east of Whitefish Stage Road and further described as the subdivision plats of Village Greens Phase XI in Section 32, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Village Greens Phase XI Annexation Request, #KA-02-4, dated May 7, 2002, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, upon annexation 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 above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Village Greens Phase XI Addition No. 313. 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. \res\annexation\4702 glacier vg phase XI.wpd 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 20TH DAY OF MAY, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk \res\annexation\4702 glacier vg phase XI.wpd APR-03-2002 WED 04:19 PM FLTHD REG DEtl OFFICE FAX NO. 406 758 5781 P. 04 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 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.CA. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioners) .further heoain rxpress an intent to have the property as herein described withdrawn from lie EVERGREEN VOL. Rural Fire District under the provisions of Section 733-2127, Mo ekxaeh"& 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, suocessors 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. P titioner/Owner Petitioner/Owner Please return this petition to: Tri-City Planning Office 17 20° St East, Suite 211 Kalispell MT 59901 NOTE: Attach Exhibit A APR-03-2002 WED 04:19 PM FLTHD REG DEV OFFICE FAX NO. 406 758 5781 P. 05 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 helshe executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires: STATE OF MONTANA ) ss County of Flathead County On this q' day of D�before me, the and igned, a Notary Public for the State of Montana, per Wally appeared �G LU ?/�° known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that helshe executed the same. IN WITNESS VVjW[jI;A7F, S have hereunto set my and effaced motary_Seal the day and year in this calcglBQabove written. 61 C} t� ?Q ov p'fAg`�y : Notary Public of Montana �.� Residing at '. SEAL My Commissio expires: 31 ,0� . tn., STATE OFJGIb ,�' '• -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 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. !Votary Public, State of Montana Residing at My Commission expires EXHIBIT A UNPLATTED SUBDIVISION OF GLACIER VILLAGE GREENS PHASE XI LEGAL DESCRIPTION A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.K.,M., FLATHEAD COUNTY, MONTANA' AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGIMIMG at the northwest corner of LOT 9B, as shown on the Plat of Glacier Village Greens, Phase X (records of Flathead County, Montana), which is a found iron pin on the easterly R/W of a 60 foot private road and utility easement known as East Nicklaus Avenue; Thence N78'25'27•W 60.99 to a found iron pin on the westerly R/W of said East Nicklaus Avenue; Thence leaving _said R/W N88646'49•W 108.00 feet to a found iron pin; Thence M07 24'07•W 97.10 feet to a set iron pin; Thence M00O46'040W 76.05 feet to a set iron pin; Thence NO2'38'320E 38.01 feet to a set iron pin; Thence N04*321000E 145.30 feet to a set iron pin; Thence S88615'16"E 442.41 feet to the approximate left bank Whitefish River; Thence along said left bank 561*05147"W 101.48 feet; Thence leaving said bank U890571210W 21.27 feet to the approximate thread of said Whitefish River; Thence along said thread the following two (2) courses; 502*21013NE 247.57 feet; S03000127OW 63.54 feet; Thence leaving said thread MSS*46'49NW 170.95 feet to the point of beginning and containing 2.929 ACRES, more or less; Subject to and together with all appurtenant easements of record. FLATHEAD VILLAGE GREENS ANNEXATION AND ZONING STAFF REPORT #KA-02-4 TRI-CITY PLANNING OFFICE MAY 7, 2002 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of R-4 upon annexation to the city of Kalispell. A public hearing has been scheduled before the Kalispell City -County Planning Board and Zoning Commission for May 14, 2002, beginning at 7:00 PM, to consider appropriate zoning for the area proposed to be annexed. The planning board will forward a recommendation for appropriate zoning to the Kalispell City Council for consideration. BACKGROUND INFORMATION The developer has petitioned for annexation and an initial zoning designation of R-4, a Two -Family Residential district, on approximately 2.929 acres on the north side of East Nicklaus Avenue in Flathead (Glacier) Village Greens. The property received preliminary plat approval for Village Greens Phase XI which will be submitted for final plat approval in a separate action. Currently the property is zoned County R-5, a Two - Family Residential district, under the Flathead County Zoning Regulations. 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 Kalispell City Council has annexed all other phases of the Village Greens development in a previous action with an effective date of November 1, 2001. 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: Mark Owens Flathead Greens Development 500 Palmer Drive Kalispell, MT 59901 (406) 752-5666 B. Location and Legal Description of Property: A request by Flathead Village Greens, Inc. for annexation into the city of Kalispell and an initial zoning designation of R-4, Residential, for what will be platted as Phase XI. The properties proposed for annexation can be described as a portion of Assessors Tracts 2A+ and 1+ in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing Zoning: The properties proposed for annexation are in the County zoning jurisdiction and are in the Evergreen and Vicinity Zoning District. The property proposed for annexation are currently zoned R-5, Two -Family Residential. This district is defined as "A residential district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Duplexes are allowed in this district.". Permitted uses in this district are generally limited to residential uses. The conditionally permitted uses allow some non-residential uses but those are limited to churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf courses. The minimum lot size requirement of the County R-5 zoning district is 5,400 square feet. 1 D. Proposed Zoning: The proposed R-4, Two -Family Residential, zone allows duplexes and single-family residences as permitted uses and has a minimum lot size requirement of 6,000 square feet and a width of 50 feet. The proposed City R-4 district more closely reflects the existing and intended uses for Village Greens than does the City R-5, Residential / Professional Office. E. Size: The area proposed for annexation and zoning contains approximately 2.929 acres. F. Existing Land Use: The property proposed for annexation is currently undeveloped. G. Adjacent Land Uses and Zoning: The land use in the area is primarily single family residential along with some duplex town -homes. The golf course and clubhouse are part of the Village Greens development, but are not part of the area proposed for annexation. A. General Land Use Character: The general land use character of this area surrounding the Village Greens development can be described as primarily residential, but with some non-residential uses that would generally be considered support services such as the church and school. The office uses have developed in the area over the past several years. I. Utilities and Public Services: All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: Evergreen Water District Refuse: City of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: Kalispell Police Department EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the Master Plana The property proposed for annexation is within the jurisdiction of the Kalispell City -County Master Plan. The master plan map designates the Village Greens area as Urban Residential. Staff is recommending that the Village Greens area be given a City zoning designation of R-4, Two -Family Residential. The recommended zoning designation complies with the master plan for the area. 2 2. Is the requested zone designed to lessen congestion in the streets? No significant increase in the impacts to the area will be created from annexing these properties into the city. The uses would be consistent with those anticipated in the area. Whitefish Stage Road is anticipated for an overlay between Idaho and West Reserve Drive in the fall of 2002 3. Will the requested zone secure safety from fire Panic and other dangers? No features on the property exist which would compromise the safety of the public. Any new construction would be required to be in compliance with the building safety codes of the City which relate to fire and building safety. Adequate access is available to accommodate emergency vehicles and life safety equipment. 4. Will the requested zone Promote the health and general welfare? The proposed zoning classification will promote the health and general welfare by helping to promote the goals of the master plan for the area and encouraging compatible uses in the area. 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. Proposed development standards under the City R-4 zoning are similar to the existing County R-5 zoning. Will the requested zone Prevent the overcrowding of land? The proposed zoning designation attempts to provide some consistency in the development standards that are currently in place and have governed the development of the area since its inception. The proposed zoning attempts to prevent the overcrowding of land by providing similar standards. 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 future properties are 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. Services to the area will be provided on a basis that is consistent with all other properties inside the city limits. 3 9. Does the requested zone give consideration to the Particular suitability of the Property for Particular uses? The proposed zoning designation is generally consistent with the land use designations of the master plan and with the existing uses that have developed in the area. The zoning gives adequate consideration to the suitability of the land proposed for zoning. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is primarily single family residential and town -homes with some supporting uses such as the churches, school and neighborhood commercial under development in the area. The proposed zoning has attempted to create a residential designation for the Village Greens area similar to that which exists and under which the development was originally conceived. 11. Will the Proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the proposed zoning attempts to accommodate existing uses and providing the zoning that would accommodate the intended uses for the area in the future. 12, Will the requested zone encourage the most appropriate use of the land throughout the municipality? The proposed zoning is in substantial compliance with the Kalispell City County Master Plan and is intended to reflect the goals for the municipality as well as the immediate community. SUMMARY AND DISCUSSION The proposed City R-4 zoning is the same zoning that has been assigned to other phases of Village Greens and is a continuation of the same pattern of development. Extension of services to the site to City standards will take place as part of the development of the subdivision. Adequate access is available to serve the property and any future development will be consistent and compatible with existing development in the area. Public services and the facilities serving this subdivision 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 -County Planning Board and Zoning Commission adopt Staff Report #KA-02-4 as findings of fact and forward a recommendation to Kalispell City Council to adopt R-4, Two -Family Residential, upon annexation. REPORTS\KA1ISPELL\KA\02\KA02-4 11 APR-03-2002 WED 04:18 PM FLTHD REG DEV OFFICE FAX NO, 406 758 5781 P, 02 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, NN1T 59901 Phone: (406)751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: FLATHEAD VILLAGE GREENS L.L.C. MAIL ADDRESS: 500 PALMER DRIVE CITY/STATE/ZIP:KALI SPELL, MT. 59901 pHONE:406-752-5666 INTEREST IN PROPERTY: OWNER Other Parties of Interest to be Notified: PARTIES OF INTEREST: HOMEOWNERS ASSOCIATION MAILADDRESS: BOX 5173 CITY/STATEIZIP:KALISPELL, MT. 59901 PHONE:406-756-0800 INTEREST IN PROPERTY: HOMEOWNERS PLEASE COMPLETE THE FOLLOWING: Address of the property: Nnrth end of -East N clr' nnq n Legal Description: see attached (Lot and Block of Subdivision; Tract 4) (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: R-4- The proposed zoning of the above property is -'-R-5 State the changed or changing conditions that make the proposed amendment necessary: Property now adjacent to city limits —continuation _of__ earlier approved master plan * * * * * * * * * * * t * * * * * * * * * * * a * * * * * * * * * * * * * * * W * * * * 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. j i APR , S 2002 TRI-CITY PLANNING OFFICE NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION Wolford Development (Glacier Mall) Master Plan Amendment — 232 Acres The Island Preliminary Plat — 68 Lot Subdivision Three Mile Drive Flathead Village Greens Initial. R-4 Zoning Upon Annexation Kalispell Zoning Ordinance Text Amendment Parking Standards for I-1 Melvin Powel Initial R-4 Zoning Upon Annexation The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, May 14, 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. There will be an informational meeting held on the Wolford Development, LLC / Glacier Mall master plan amendment proposal on Wednesday, May 1, 2002, between 7:00 PM and 9:00 PM in the Kalispell City Council Chambers. This will give the public an opportunity to review the application materials and there will be no presentations to the public or public testimony. 1. A request by Wolford Development, LLC for an amendment to the Kalispell City - County Master Plan on approximately 232 acres on property located near the north east corner of LaSalle Road and East Reserve Drive_ The proposal would amend the master plan for the area from Light Industrial, Agricultural and Residential on approximately 170 acres to a Commercial designation, from Agricultural on approximately 56 acres to High Density Residential and from Agricultural on approximately six acres to Public. The primary purpose of the master plan amendment is to facilitate the construction of Glacier Mall, a 750,000 square foot indoor mall on approximately 80 acres. And to accommodate future commercial and mix used expansion on the remaining 167 acres of the project site. If the master plan amendment is approved, annexation of approximately 247 acres to the city of Kalispell and assignment of appropriate zoning would be undertaken immediately. The properties proposed for the plan amendment can be described as Assessor's Tracts 7, 7E, 7EB, 7ED, 7G, 7J, 7F, 3A, 3B and 3BA located in Section 28, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Thomas, Dean and Hoskins on behalf of KRDS for preliminary plat approval of the Island Subdivision, a 68 lot residential subdivision on 25.32 acres located on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. The property was recently annexed into the city of Kalispell and given a zoning designation of R-3, Residential, a single family zoning district with a .minimum lot size requirement of 7,000 square feet. Lots in the subdivision range in size from 7,666 square feet to 20,996 square feet with most of the lots at 10,000 square feet or more. The subdivision would be developed in three phases from north to south with an extension of North Riding Lane to Three Mile Drive. The property can be described as Assessor's Tract 6 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by Les Schwab Tire Centers for amendments to the Kalispell Zoning Ordinance reducing parliing setbacks from 20 feet to five feet in the I-1, Light Industrial zoning districts and reducing the rear setback requirements in the I -I districts from 20 feet to five feet. The proposed amendments could potentially affect properties zoned Light Industrial in the Kalispell city limits. 4. A request by Flathead Village Greens, LLC for an initial zoning designation of R- 4, a Two Family Residential district upon annexation into the city of Kalispell. The property to be annexed will be platted as Glacier Village Greens Phase XI, a 12 lot residential townhouse subdivision of 2.929 acres at the northern terminus of East Nicklaus Avenue. 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 a portion of Assessor's Tracts 2A+ and 1+ in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 5. A request by Melvin F. Powell for an initial zoning designation of R-4, a Two Family Residential -district upon annexation into the city of Kalispell. The property to be annexed is one lot of approximately one half acre in size located on the west side of Seventh Ave West between 11th Street West and Sunnyside Drive. The property owners would like to connect a new residence to City sewer. The property is currently in the County zoning jurisdiction and is zoned R-5, Two Family Residential. The property proposed for annexation is at 1304 Seventh Ave West described as Lot 1 of Western Acres located in Section 18, 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. Jentz Planning Director P� 32 33 34 �+ 5 7 1 + 35 14 3 36 3 1BE 9 / 37 2 / 1BA 10 s 16 38 1 11 Subject Properly 113c KINGS -_= 1113 m 10 - � _ 2B CD 12 9 LACIER -- - �' 1 8 =_ 7 VILLAGE cR�C1FR L - 2BA 2 3 GREENS �S pyQs 1 A A R-4 11 8A 4A 4 PH 6 �� - 7 2 _ 3 G E'F,y�R �i� A sA R 2 S °Hqs 4 38F B'�"-1 ' e 6 �I 2D 3BD 'L`CER gREEN 7 4 i C 7-0N E MSS 8 a 9 10 11 N2CB & AEU RITZ - • ,4 _ 3BBF 4 3 R J1LA�E38 142 2CC 38B 3BBG G�C1E PNPSE 141 m 126 VICINITY MAP FLATHEAD VILLAGE GREENS, LLC GLACIER VILLAGE GREENS PHASE XI A 12 LOT RESIDENTIAL SUBDIVISION REQUEST FOR INITIAL ZONING UPON ANNEXATION OF R-4, A TWO FAMILY RESIDENTIAL DISTRICT FROM COUNTY R-5, A TWO FAMILY RESIDENTIAL DISTRICT FILE# KA-02-4 SCALE 1" = 300' �. �\-"g OeaCrlpti.: A TMCT OF L D, SITUATED, LYING, AXO 6EEXG iN THE SOUTHWEST G[.AXTEN OF TXE NORTHEAST pUAATEX ANC " LICE NORTNxuT OUARTEA OE TXE SOUTHEAST OUARTM or SECTION 32, TOXNS µIP 29 NORTH, RANGE $] XFST, P.H.,M., P"TXPAD EOUNTy, MONTANA, Me ROPE PAETICULARLy DESCRIBE➢ .LS pOL S TO MIT: BPCERaE"E at Me mttnaaa eorner .[ LOT 9B, .a shun on the Plot of Glacier Villega Greens, Ph... % ([.Gorda of Flathead county, Ron'.), -blob is a found ifon the easterly RM of a SE foot prlve" road and utility a .meat knoun ea Seat Hicklaus Avanu.: Thaeu H80'46'49'W 60.99 to a found lien pin On the of ai N80C46149•WX IDG-00 sleet ttol ak found vit. Pinen Tb ntev N07526'd07'W 97.10 fast to a set I.. Pin: Monte N00'46-04"x 16.05 fast CO 0 set it. pin; Thence X03 ]0 q3•E ]d.01 feat to e at ro n pin: "anu N04'3$'00•B 145.10 L.at t0 a see n e pin; fThe..nc SB8.15116•E 442.41 foot to the approximate left bunk NhiTh a Th nee Thens- 41=9 held east Mnk 561•a5'4l"N 101.40 feat: Thence leeving said bank N69.5]'$1•W 11.17 fear to the approximate "read .f said Mblt.ftea B1ver Th.. ¢lose Baia tnree0 the f0130-i.g two (2) COOLa.a: 502•$1'l]"E $41.57 feet; SO, 00121•W 63.54 feat: Than" lehvng said thread Xa5'46'49•W 170.95 feet to the point Of baglMin9 d COntainln9 1.121 ACRES, m or. r lees; Subject to and Cogetner -itl al] appurtenant easementsof record. E ]Stt• ma.a alto Sue x0. MET GROSS I ACRFS( (AciEsl 13A o.O942 0.1915 13B 0.0942 O.1S15 16A 0.0982 0.1055 14B 0.1002 D.1075 'i5A 0.0992 0.1065 ISE 0.0962 0.1615 16A 0.0942 0.1615 16B 0.0942 0.1015 17A 0.0972 0.1945 1]B 0.0972 O.1845 i0A 0.0912 0.1035 1.. D.0942 0.1615 19A 0.0942 0.1015 190 0.0942 0.1015 20A 0.0942 0.1615 SOB ...e12 ..I B15 T'DTAL 1.532 2.929 (I.) Hoass...r's Pork O.O]6 AC B D.0SO At c 0.774 AC Road 0.49] Ac 1.)9] AC. NOTE: Gross Acreage: aQd 1j16" Of 1.29] AC. Road and Homeowners Perk Area Acreage L per ot (00]f per let) 1♦ VICINITY MAP SCALE r = 400• se BY SANDS SURVEY,WB 1. 1995 TTARD AVENUE ....ST KALISPELL, MT 5990I PI-P NOW 755-646/ JOB NO: 10349, DWG NO: 10315 DATE .MNUARY 20, 2000 FOR- OU41VE BITNEY SCALE r . ]O' 25 50' IOU Cavmuris e• 1VY7F/rvws O MM h gal I I 20A UTILITY IP UTILITY EASEMENITYpi �i N 19e NO2.3832'E 380/'� I (COS 4764) 19A I 0 Ob I / be I� 18A 172 �I 17A PRELIMINARY PLAT OF GL AC/ER VX L AGE GREENS, Pfi A SUBDIVISION SWI/4NEI/4 & NW114SE114 SEC. 32, T.29N., R., FLATHEAD COUNTY, MONTANA aPD�Pi G DP S8815*7 108.00, -r N88.46.49-W IDA I � hoe `SIAC/ER I 6REE/N�, 1-- r I Irg R 16A /m. 15B 1/3' 15A UTY El (TYP i/S' 148 114' 14A 13B 13A 46'49' 913 I � PHASE A' W rry I Qgj ge FLATHEAD VILLAGE A request by Flathead Village Greens, LLC for an initial GREENS ANNEXATION AND zoning designation of R-4, a Two -Family Residential district INITIAL ZONING upon annexation into the city of Kalispell. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KA-02-4 presentation on staff report KA-02-4, evaluating the initial zoning designation of R-4, a Two -Family Residential district, on approximately 2.929 acres on the north side of East Nicklaus Avenue in Flathead (Glacier) Village Greens upon annexation into the city. The property received preliminary plat approval from the county commissioners for Village Greens Phase Xl, which will be submitted for final plat approval in a separate action and after annexation. Currently the property is zoned County R-5, a Two -Family Residential district, under the Flathead County zoning Regulations. 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 Kalispell City Council has annexed all other phases of the Village Greens development with a zoning designation of R-4 and this is consistent with other zoning and the development. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Staff reviewed the findings of fact and statutory criteria, and is recommending the R-4 zoning be adopted. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Atkinson moved and Brechel seconded to adopt staff report KA-02-4 as findings of fact and forward a recommendation to the Kalispell City Council to adopt R-4, Two -Family Residential, upon annexation. BOARD DISCUSSION There were no comments from the board. ROLL CALL The motion passed unanimously on a roll call vote. MELVIN F. POWELL A request by Melvin F. Powell for an initial zoning INITIAL ZONING UPON designation of R-4, a Two -Family Residential district, upon ANNEXATION annexation into the city of Kalispell. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KA-02-3 presentation of staff report KA-02-3, evaluating the initial Kalispell City Planning Board May 14, 2002 Regular Meeting Minutes Page