1. Resolution 4751 - Annexation - Village Greens Phase XIITri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centu rytel. net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Annexation and Initial Zoning of R-4, Two Family Residential -
Future Phase XII of Glacier Village Greens
MEETING DATE: November 18, 2002
BACKGROUND: For your consideration is the initial zoning for property being
annexed into the city located in the Glacier Village Greens golf course development.
The property is one additional phase of Glacier Village Greens golf course
development and is an unplatted townhouse subdivision, Glacier Village Greens
Phase XII that will have two duplex townhouse lots that will plat four sublots on
0.604 acres. The properties lie within the Glacier Village Greens Golf Course
development on the north side of Ritzman Lane and east of Palmer Drive. A petition
for annexation with a request for initial zoning of R-4, Two Family Residential was
submitted. City R-4, a Two Family Residential zoning district, has a minimum lot size
requirement 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. The proposed zoning is
consistent with the other City zoning adopted for the Glacier Village Greens
development.
The preliminary plat for the four lot subdivision was waived since it meets the criteria
for preliminary plat waiver as provided for in the Kalispell Subdivision Regulations.
All of the infrastructure is in place and the developer would like to build a model
home and relocate the office which is currently in the area of East Nicklaus. This
location is in close proximity to the club house and parking lot and is more
appropriate for office / model home that the current location. The developer is
submitting this annexation and initial zoning proposal along with the final plat for
your consideration.
On November 12, 2002 the Kalispell City Planning Board held a public hearing to
consider the appropriate zoning for the property upon annexation to the city. Staff
recommended approval of the proposed R-4 zoning because it is consistent with the
current County R-5 zoning and other City R-4 zoning in the development. No one spoke
at the public hearing. A motion was made and passed unanimously by the planning
board to recommend R-4, Two Family Residential, zoning upon annexation into the
city.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Glacier Village Greens Annexation and Initial Zoning Phase XII
November 13, 2002
Page 2
RECOMMENDATION: A motion to adopt the resolution annexing the property and
the first reading of the ordinance for R-4, Two Family Residential, would be in order.
FISCAL EFFECTS: See attached estimated impacts and cost of services.
ALTERNATIVES: As suggested by the city council.
Narda A. ilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: November 13, 2002
c: Theresa White, Kalispell City Clerk
H: \FRDO \TRANSMIT\KALISPEL\2001 \KA02-11 MEMO. DOC
RESOLUTION NO.4751
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 GLACIER VILLAGE
GREENS PHASE XII LOCATED IN SECTION 32, TOWNSHIP 29 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS GLACIER
VILLAGE GREENS PHASE XII ADDITION NO. 318; TO ZONE SAID PROPERTY IN
ACCORDANCE WITH THE KALISPELL INTERIM ZONING ORDINANCE, AND TO
DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Owl Corporation, the owner of
property located on the north side of Ritzman Lane between Palmer Drive and E.
Nicklaus Avenue and further described as Glacier Village Greens Phase XII 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 Glacier Village Greens Phase XII
Annexation Request, #KA-02-11, dated November 4, 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, 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 L 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 Glacier Village Greens Phase XII Addition No. 318.
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.
\res\annexation\4751 glacier vg phase XII.wpd
SECTION III. The territory annexed by this Resolution shall be zoned in
accordance with the Kalispell Interim 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 18TH DAY OF NOVEMBER, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
\res\annexation\475 I glacier vg phase XII.wpd
Glacier Village Greens Phase XII
Extension of Services Plan and Cost of Services Analysis
Availability of Public Services and Utilities
The broad -based extension of services plan, together with this "mini -plan," comprise
the Extension of Services Plan for this annexation. Once annexed to the City, full City
services will be made available to the property owner. The subject property is within the
Service Area Boundary of the City of Kalispell as described by the Extension of
Services Plan adopted by the City of Kalispell on November 5, 1995 (Resolution
#4241).
Overview of Utilities and Public Services:
Sewer:
City of Kalispell via North Village Sewer District
Water:
Evergreen Water District
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
Evergreen School District
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
Existing Services:
Water: An eight inch water main belonging to the Evergreen Water District is in place
along Ritzman Drive and connects East and West Nicklaus Avenues. This water main
also serves a hydrant located on the north side of Ritzman Drive and west of proposed
Lot IA of Glacier Village Greens Phase X1I. Adequate capacity to serve the site is available
once the extension is made.
Sewer: An eight inch sewer main exits along Ritzman Drive between East Nicklaus and
West Nicklaus Avenues. This main currently belonging to the North Village Sewer
District but maintained by the City of Kalispell Public Works Department via an
interlocal agreement with the District. The main delivers effluent to a lift station in the
northern portion of Buffalo Hills Golf Course west of Fairway Boulevard Townhouses.
The wastewater treatment plant has sufficient capacity to service this property.
Storm Drainage: A storm drain system lies to the west of the Glacier Village Greens
Development that serves several developments in the area. However, no storm drainage
system exists in the immediate area of this site. Infiltration and natural absorption areas
are proposed to mitigate any potential storm runoff associated with development of the
site.
Streets: Ritzman Lane was taken over by the City of Kalispell as part of the annexation
of the Glacier Village Greens development. The City currently maintains the roadway
that will service these lots as part of the road maintenance in the subdivision
1
Garbage Collection: Available by contract from private companies
Police Protection: Flathead County Sheriffs Department.
Fire Protection: Evergreen Fire Department.
Anticipated Service Needs and Costs:
Water: A service line would be extended from the exiting main located in Ritzman Drive
to each of the individual lots at the time of development. Connection fees would be paid
to the Evergreen Water District. There is adequate water supply and water pressure for
the service when extended.
• There would be no additional maintenance costs associated with this since the
Evergreen Water District maintains the system.
Sewer: Service lines would be extended from the existing sewer main located in Ritzman
Drive to each of the individual lots at the time of development. Connection fees would be
paid to the North Village Sewer Districts at the time of connection. There is adequate
capacity within the water treatment plant and collection system to service this property
once connected.
• There would be no additional costs to the City associated with the continued
maintenance of the sewer line.
Storm Drainage: No storm drain system exists in the area. Storm water flows can be
handled on site with natural absorption areas for infiltration since these properties are
adjacent to the golf course. The terrain is generally level with grass on the course for
vegetation resulting in minimal erosion or drainage problems during and after
development.
• No new storm water management facilities will be developed, owned or maintained by
the developer or the City of Kalispell and no additional costs would be incurred.
Streets: the City of Kalispell Public Works Department is currently maintaining Ritzman
Drive after the annexation of the Glacier Village Greens Golf Course effective in
November of 2001. No improvements or upgrades to the road will be necessary other
than normal maintenance by the City. Since the City already maintains the roadway,
not additional equipment, staff or time will be needed to maintain this road.
• There will be no additional costs associated with the maintenance of this road since
the City already maintains it.
Solid Waste Collection: The City of Kalispell can and would provide solid waste pick-up
for the site when this property becomes eligible for municipal service.
• No additional services, equipment or other costs would be incurred by the solid waste
department for garbage collection as a result of the development of these lots.
Police/Fire: City of Kalispell Police Department and Fire Department will be available to
provide services to this property upon annexation at approximately the same level as
other properties within the City albeit response times may be delayed because of the
distance of this property from the fire and police stations. A hydrant currently exists on
the north side of Ritzman Drive.
Insignificant additional expense to fire and police can be associated with this
annexation.
City Administration: The City of Kalispell would provide administrative services to the
residents of the subdivision from the mayor and city council; city manager, city attorney,
finance department and city clerk.
• Insignificant impacts to these offices and the services they offer would result from the
development and annexation of these properties.
Total City Revenue and Cost of Services
Assessments:
Special Assessments: There are no special assessments that would be required any
additional sidewalk, water or sewer improvements. Any improvement would be paid by
the developer in accordance with the City's extension of services plan and policies.
• There are not special assessments or SID associated with this property.
Storm sewer drainage assessments:
• Storm sewer assessments based on the square foot of the property with an average
square footage of approximately 6,400 square feet would be based on .0029 = $18.56
each x 4 = $74.24
Street maintenance assessments:
Street maintenance assessments based on the square foot of the property with an
average square footage of approximately 6,400 square feet would be based on .0059 =
$37.76 each x 4 = $151.04.
Urban forestry assessments:
• Forestry assessments based on the square foot of the property with an average
square footage of approximately 6,400 square feet would be based on a rate of .00135
=$8.64x4= $34.56.
General revenue:
Based on an assumption that the each unit would be assessed at approximately
$130,000. and the taxable value at $18,423.60 (0.03543 x $520,000) and the 152.39
mill levy, the additional revenue to the City of Kalispell would be $2,800.
Additional Expenses to the City of Kalispell would be estimated at: None:
Additional Revenue to the City of Kalispell at full build out estimated at: $3,059.84
Extension and Finance Strategies:
Extension of services to this property would be made from the existing locations to the
properties in the way of services lines at the developers expense along with connection
fees. The connection fees would be paid to the Evergreen Water District for water and to
the North Village Sewer District for sewer.
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
November 13, 2002
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning - Future Phase XII of Glacier Village Greens
Dear Chris:
The Kalispell City Planning Board met on November 12, 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 0.604 acres.
Glacier Village Greens Phase XII has duplex townhouse lots that will plat four sublots.
The properties proposed for annexation he within the Glacier Village Greens Golf
Course development on the north side of Ritzman Lane and east of Palmer Drive. The
planning board 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-02-11,
evaluating the proposed zoning noting that the proposed zoning is consistent with the
other City zoning adopted for the Glacier Village Greens development and the current
County R-5, Two Family Residential zoning. 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 November 18, 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 Kalispell • City of Columbia Falls • City of Whitefish
Glacier Village Greens Initial Zoning Ph. XII
November 13, 2002
Page 2
Sincerely,
Kalispell City Planning Board
Ron Van Natta
President
RVN/NW
Attachments: Original petition to annex and legal description
Staff report #KA-02-11
Draft minutes 11/ 13/02 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Owl Corp. c/o Village Greens Development, 500 Palmer Dr.,
Kalispell, MT 59901
Sand Surveying, 2 Village Loop, Kalispell, MT 59901
H: \FRDO \TRANSMIT\KALISPEL\2002 \KA02-1 LDOC
GLACIER VILLAGE GREENS
A request by Owl Corporation for an initial zoning
PHASE 12 ANNEXATION
designation of R-4, Two -Family Residential upon annexation
AND INITIAL ZONING
into the city of Kalispell for Phase 12 of Glacier Village
Greens on 0.604 acres and is located on the north side of
Ritzman Lane between Palmer Drive and E. Nicklaus Drive.
STAFF REPORT
Narda Wilson, of the Tri-City Planning Office, gave a
#KA-02-11
presentation of staff reports KA-02-11, which evaluates the
appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Interim
Zoning Ordinance. The Kalispell City Council has annexed
all other phases of the Glacier Village Greens development in
previous actions and assigned a zoning designation
consistent with the R-4 zoning that is being requested for
this property. 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 statutory criteria for
assignment of zoning and recommended adoption of an R-4,
Two -Family Residential zoning designation, upon
annexation.
Atkinson asked if there would be a turn -around area or if the
road would go through and Wilson answered that the road
already goes through and connects between East and West
Nicklaus Avenues.
APPLICANT/AGENCIES
Tom Sands, of Sands Surveying, explained the reason for
expediting Phase 12 now and doing Phases 14 through 22
later: so they could build an office/model home complex on a
lot closer to the clubhouse to keep the traffic away from the
residential homes. He said this would bring the traffic flow
next to the clubhouse and as long as they were doing that
they needed to fill in the gaps. He noted they had extended
the width of the lots by 6 to 8 feet, and said they have tried
to buffer a little from the residential houses along Ritzman.
PUBLIC HEARING
The public hearing was opened to those who wished to
speak.
PROPONENTS
No one wished to speak.
OPPONENTS
No one else wished to speak and the public hearing was
closed.
MOTION
Spooner moved and Atkinson seconded to adopt staff report
KA-02-11 as findings of fact and recommend to the Kalispell
Citv Council that the initial zoning for this property should
be R-4, Two -Family Residential, upon annexation.
BOARD DISCUSSION There was no board discussion.
ROLL CALL The motion passed unanimously on a roll call vote.
GLACIER VILLAGE GREENS PHASE 12
ANNEXATION AND ZONING STAFF REPORT #KA-02-11
TRI-CITY PLANNING OFFICE
NOVEMBER 4, 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 Planning Board and Zoning
Commission for November 12, 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 0.604 acres on the north side of
Ritzman Lane between Palmer Drive and E. Nicklaus Avenue in Glacier Village Greens.
The property received preliminary plat approval waiver for Glacier Village Greens
Phase XII 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 Interim Zoning Ordinance. The
Kalispell City Council has annexed all other phases of the Glacier Village Greens
development in previous actions and have assigned a zoning designation consistent
with the R-4 that is being requested for this property. 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:
Owl Corporation
c/o Glacier Village Greens
500 Palmer Drive
Kalispell, MT 59901
(406) 752-5666
Sands Surveying, Inc
2 Village Loop
Kalispell, MT 59901
(406) 755-6480
B. Location and Legal Description of Property: A request by Owl Corporation on
behalf of Glacier 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
XII. The properties proposed for annexation can be described as a portion of
Assessors Tracts 2A+ 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.
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 0.604
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 Glacier Village Greens development, but are not part of
the area proposed for annexation.
H. General Land Use Characi
surrounding the golf con
residential, but with son
considered support service:
commercial development or
Stage Road is in the process
er: The general land use characte
r
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 via North Village Sewer District
Water:
Evergreen Water District
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
Evergreen School District
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 Plan?
The property proposed for annexation was previously designated as Urban
Residential in the former Kalispell City County Master Plan and current zoning
assignments in the both the City and County were based upon that land use
designation. Staff is recommending that the Glacier Village Greens area be
given a City zoning designation of R-4, Two -Family Residential, consistent with
other zoning adopted for the development.
2. I_s_ 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 safetv 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.
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. Proposed development standards under the City R-4 zoning are
similar to the existing County R-5 zoning.
6. 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.
3
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.
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.
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 other zoning of the
golf course development and consistent with zoning that has been assigned in
both the city and the county areas.
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
4
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 Planning Board and Zoning Commission
adopt Staff Report #KA-02-11 as findings of fact and forward a recommendation to the
Kalispell City Council to adopt R-4, Two -Family Residential, upon annexation.
REPORTS \KALISPELL\KA\02 \KA02-11
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: OWL CORP
MAIL ADDRESS: 500 PALMER DRIVE
CITY/STATE/ZIP: KALISPELL, MT 59901 PHONE:
INTEREST IN PROPERTY: OWNER
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: SANDS SURVEYING, INC
MAIL ADDRESS: 2 VILLAGE LOOP
CITY/STATE/ZIP: KALISPELL, MT 59901 PHONE: 755-6480
INTEREST IN PROPERTY: TECILNICAL SUPPORT
PLEASE COMPLETE THE FOLLOWING:
Address of the property: NOT ADDRESSED AS OF YET
Legal Description: TRACT 2A
(Lot and Block of Subdivision; Tract #)
SECTION 32, T28N, R21W
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: R-5
The proposed zoning of the above property is:
State the changed or changing conditions that make the proposed amendment necessary:
THE PROPERTY IS ADJACENT TO KALISPELL CITY LIMITS -
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.
le) /`7/v�2-
(Applicant) (Dat
RECIUVED
OCT - 7 2"y2
TRI-CITY PLANNING OFFICE
PETITION NO.:
PETITION TO ANNEX.
AND
NOTICE OF WLTHDRAWAL 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 EVERGREEN 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.
A&z
Petitioner/caner
Petitioner/Owner
Please return this petition to:
Tri-City Planning Office
17 2nd St East, Suite 211
Kalispell MT 59901
NOTE: Attach Exhibit A
STATE OF MONTANA )
ss
County of Flathead County
On this day of �,tI6-10, c;2L7o-�'?bef6re me, the
the State of Montana, personally appeared
to me to be the person whose name is subscribed to the foregoin
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hr� and affixed
year this s certificate first above written. l
Residing at�fLco�
My Commission expires:
a Notary Public for
o known
and acknowledged
Seal the day and
CERTIFICATE OF DEDICATION
WE, THE UNDERSIGNED PROPERTY OWNERS, DO HEREBY CERTIFY THAT WE HAVE
CAUSED TO BE SURVEYED AND PLATTED INTO LOTS ALL THE FOLLOWING
DESCRIBED PROPERTY AS DESCRIBED IN THE CERTIFICATE OF DEDICATION,
AND SHOWN BY THE ANNEXED PLAT OR MAP AND SITUATED IN FLATHEAD
COUNTY, MONTANA:
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER AND IN THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21
WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the northwest corner of LOT 6, as shown on the Plat
of GLACIER VILLAGE GREENS, Phase VIII (records of Flathead County,
Montana), which is a found iron pin; Thence along the westerly
boundary of said Plat S34030100"W 123.00 feet to the Northerly R/W
of a 60 foot road known as Ritzman Lane; Thence leaving said
boundary and along said R/W N55°30'001W 43.59 feet to the P.C. of a
279.05 foot radius curve, concave southwesterly, having a central
angle of 28°50'50"; Thence along an arc length of 140.49 feet;
Thence leaving said R/W N05039110"E 123.00 feet to a set iron pin;
Thence S79027120"E 68.57 feet to a set iron pin; Thence
S69040'20"E 68.57 feet to a set iron pin; Thence S60°51'13"E 55.12
feet to a set iron pin; Thence S55°37'41"E 53.55 feet to a set
iron pin; Thence S34°30'00"W 23.00 feet to the point of beginning
and containing 0.604 ACRES; Subject to and together with all
appurtenant easements of record.
The above described tract of land shall hereafter be known as:
GLACIER VILLAGE GREENS, PHASE XII
UTILITY EASEMENT CERTIFICATE
The undersigned hereby grants unto each and every person, firm, or
corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the
joint use of an easement for the construction, maintenance, repair,
and removal of their lines and other facilities, in, over, under
and across each area designated on this plat as "UTILITY EASEMENT"
to have and to hold forever.
STATE OF MONTANA
SS
COUNTY OF FLATHEAD
On this , day of , 200 , before me
a Notary Public for the State of Montana, personally appeared
and known to me to be the persons whose names are subscribed to
the foregoing instrument and acknowledged to me that they executed
the same.
Notary Public for the State of Montana
Residing at
My commission expires / /
CERTIFICATE OF CITY COUNCIL
We, Mayor for the City of Kalispell,
Montana and , City Clerk of the City
of Kalispell, Montana do hereby certify that this plat has been
submitted for examination and been found by them to conform to the
law, and was approved by the City Council of the City of Kalispell
at its regular meeting held on the day of ,
20 The portion of roadway shown hereon as "RITZMAN LANE" is
hereby accepted by the City of Kalispell.
Mayor of Kalispell, Montana City Clerk of Kalispell, Montana
Montana Montana
CERTIFICATE OF CITY ATTORNEY
The plat has been examined by the office of the city attorney of
Kalispell, Montana, according to Section 76-3-612 (2) M.C.A., and
relying upon Title Report No. ,
and approved based on in formation submitted by the developer
and/or his agent.
Office of Kalispell City Attorney
City of Kalispell, Montana
date
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@cen to rytel. net
TO: Kalispell City Staff and Other Interested Parties
FROM: Narda A. Wilson, Senior Planner
DATE: October 23, 2002
RE: Glacier Village Greens Ph. 12 Annexation and Zoning -
Kalispell City Planning Board Regular Meeting Nov. 12, 2002
Attached with this memo is information relating to items that will go before the
planning board on the above referenced date. You will note that three of the four
items were continued from the August meeting because of various unresolved issues.
1. Annexation and zoning request by Owl Corporation for an initial zoning
designation of R-4, Two Family Residential, upon annexation into the city of
Kalispell for Phase 12 of Glacier Village Greens, a four lot residential subdivision
that will have two lots intended for duplex townhouse development. The area
proposed for annexation contains approximately 0.604 acres and is located on the
north side of Ritzman Lane between Palmer Drive and E. Nicklaus Drive.
These items will go before the Site Development Review Committee now meeting in the
City Hall Conference Room while the Kalispell Building Dept undergoes a remodel.
• October 24, 2002 - Initial comments
• October 31. 2002 - Comments
Final Comments By:
• November 4, 2002 so that they can be incorporated into the staff report.
These matters will go before the Kalispell City Planning Board on November 12, 2002
for public hearing. Please bring your comments to the above referenced site review
committee meeting(s) or submit your comments in writing or by phone, prior to
November 4, 2002 so that they can be incorporated into the staff report to the
planning board. You can reach me at 751-1852.
If you need additional information regarding any of these items, please call me. Thank
you for taking the time to review and comment on these items.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Referrals KPB 11/12/02
October 23, 2002
Page 2
c: w/attachments: Jim Stewart, Fire Dept.
Mike Baker, Parks and Rec
Chris Kukulski, City Manager
PJ. Sorenson, Zoning Administrator
Roger Kraus, Police Dept.
Dick Amerman, City Engineer
Jim Hansz, Director Public Works
Susan Moyer, Community Development Director
Craig Kerzman, Chief Building Inspector
Charles Harball, City Attorney
Charlie Johnson, Co. Road Dept.
Roberta Struck, Evergreen Water District
Andy Hyde, Carver Engineering
Sands Surveying, Inc.
Owl Corporation
H: \... \AGREF \KALISPELL\KPB 1 1 / 12REF4. DOC
Referrals KPB 11 / 12 / 02
October 23, 2002
Page 2
c: w/attachments: Jim Stewart, Fire Dept.
Mike Baker, Parks and Rec
Chris Kukulski, City Manager
PJ. Sorenson, Zoning Administrator
Roger Kraus, Police Dept.
Dick Amerman, City Engineer
Jim Hansz, Director Public Works
Susan Moyer, Community Development Director
Craig Kerzman, Chief Building Inspector
Charles Harball, City Attorney
Charlie Johnson, Co. Road Dept.
Roberta Struck, Evergreen Water District
Andy Hyde, Carver Engineering
Sands Surveying, Inc.
Owl Corporation
H: \... \AGREF\KALISPELL\KPB11 / 12REF4.DOC
No. 6316
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING COM-
MISSION
Community Residen-
tial Facility First Ave
EN/Nevada - Condition-
al Use Permit
Church W. Colorado
Hwy 93 - Conditional
Use Permit
Annexation Ken Me-
kloski Initial B-2 Zoning
on West Side Hwy 93
South
Annexation Glacier
Village Greens Initial R-
4 Zoning - Phase 12
Annexation Glacier
Village Greens Initial R-
4 Zoning - Phases 14
thru 22
Preliminary Plat for
Glacier Village Greens
Phases 14 thru 22
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, No-
vember 12, 2002 begin-
ning at 7:00 PM In the
Kalispell City Council
Chambers, Kalispell
City Hall, 312 First Ave-
nue East, Kalispell. The
planning board will hold
a public hearing and
take public comments
on the following agenda
items. The board will
make a recommenda-
tion to the Kalispell City
Council who will take fi-
nal action.
1. A conditional use
permit request by Child
Development Center to
allow the operation of a
community residential
facility for eight or fewer
people on property zon-
ed R-3, Residential.
This facility would have
a live in resident with
family who would coor-
dinate and supervise
respite care for individu-
als with developmental
disabilities. The zoning
district lists community
residential facilities for
eight or fewer people as
a conditionally permitted
use. This use is pro-
posed in an existing sin-
gle-family home located
at 40 E. Nevada Street
in Kalispell between
First Avenue EN and
Main Street on the
south side of Nevada
Street. The properh/
can be described as Lot
1 and the north half of
Lot 2, Block 228, Kars -
poll Addition No. 5 in
Section 7, Township 28
North, Range 21 West,
P.M.M., Flathead Coun-
ty, Montana.
2. A conditional use
permit request by Anne
Bukacek to allow the
operation of a church on
properly zoned R-3,
Residential. This pro-
posal is to convert an
existing single family
home into a church that
would hold church serv-
ices, prayer meeting
and congregational cel-
ebrations. At some
point in the future a
small additional would
be constructed on the
south end of the existing
residence. Churches
are listed as a condition-
ally permitted use in this
residential district. The
property Is located on
the west side of Hwy 93
between W. Arizona
Street and W. Colorado
Street in Kalispell. The
property address is 410
Arizona Street and can
be described as Asses-
sors Tracts 6EA and
6EB in Section 7, Town-
ship 28 North, Range 21
West, P.M.M., Flathead
County, Montana.
3. A request by Ken
-Makloski for B-2, Gener-
al Commercial, zoning
.upon annexation to the
.city of Kalispell an prop-
erty located on the west
side Hwy 93 near the
southern end of the Ka-
lispell Airport. The
property is approximate-
ly 100 feet wide and 560
feet long and contains
1.286 acres. There is a
brick building on the site
currently occupied by
Valley Victory Church.
The property is currently
in the County and is
zoned B-2, General
Commercial. The prop-
erty owner would like to
annex in order to re-
ceive City utilities. The
property is located at
2470 Hwy 93 South, Ka-
lispell. It can be further
described as Assessor's
Tract 7CF in Section 20.
Township 28 North.
Range 21 West,
P.M.M., Flathead Coun-
ty. Montana or Tract 2
of C.O.S. 7123.
4. A request 6y Owl
Corporation for an initial
zoning designation of R-
4, Two Family Residen-
tial, upon annexation in-
to the city of Kalispell for
Phase 12 of Glacier Vil-
lage Greens, a four lot
residential subdivision
that will have two lots in-
tended for duplex town-
house development.
The area proposed for
annexation contains ap-
proximately 0.604 acres
and is located on the
north side of Ritzman
Lane between Palmer
Drive and E. Nicklaus
Drive. The property is
currently in the County
and is zoned R-5, Two
Family Residential. The
-City R-4 zone is also
Two Family Residential
and both allow duplexes
and single-family resi-
dences as permitted
uses. The property pro-
posed for annexation
can be described as a
portion of Assessor's
Tract 2A in Section 32,
Township 29 North,
Range 21 West,
P.M.M., Flathead Coun-
ty, Montana.
5. A request by Owl
Corporation for an initial
zoning designation of R-
4, a Two Family Resi-
dential district upon an-
nexation into the city of
Kalispell for Glacier Vil-
lage Greens Phases 14
thru 22. A preliminary
plat for these phases
has been submitted
concurrently with the re-
quest for annexation.
The property to be an-
nexed will be platted as
Glacier Village Greens
Phases 14 thru 22 on
29.041 acres located
near the northern por-
tion of the Glacier Vil-
lage Greens golf
course. The property is
currently in the County
zoning jurisdiction and
is zoned R-5, a Two
Family Residential zcn-
ing. The property can
be described as a por-
tion of Assessors Tracts
2A in Section 32, Town-
ship 29 North, Range 21
West, P.M.M.. Flathead
County, Montana.
6. A request by Owl
Corporation for prellmi-
nary plat approval of
Glacier Village Greens
Phases 14 through 22,
creating 173 lots for sin-
gle family and duplex
townhouses in the
northern portion of the
Glacier Village Greens
Golf Course. These
phases will extend West
Nicklaus Avenue, Palm-
er Drive and East Nick-
laus Avenue to the
north. A request for an-
nexation has been sub-
mitted with the prelimi-
nary plat for these phas-
es. The property will be
developed in phases as
Glacier Village Greens
Phases 14 thou 22. The
property can be descri-
bed as a portion of As-
sessor's Tracts 2A in
Section 32, Township
29 North, Range 21
West, P.M.M., Flathead
County, Montana.
Documents pertaining
to this agenda item are
on file for public inspec-
tion at the Tri-City Plan-
ning 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 con-
cerns known to the
Board. Written com-
ments may be submit-
ted to the Tri-City Plan-
ning 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.
October 27. 2002
/s/Thomas R. Jentz
Thomas R. Jentz
Pfanning Director
October 21 , 2002
182
181
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