1. Resolution 4739 - Annexation - WillisTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.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
Denver and Sunnyside Drive - Debbie Willis
MEETING DATE: September 3, 2002
BACKGROUND: This is a request for annexation and initial zoning for property
located on the west side of Denver Avenue, north of Lone Pine View Estates and south
of Sunnyside Drive. It contains approximately one acre. The property is currently in
the County zoning jurisdiction and is zoned R-1, Suburban Residential. City R-4,
Two -Family Residential, has been proposed for the property. The R-4 zoning district
allows duplexes and single-family dwellings as permitted uses. The minimum lot size
for the district is 6,000 square feet and a minimum lot width of 50 feet with setbacks of
15 feet in the front, ten feet in the rear and five feet on the sides. There is an existing
single family residence on the property. The property owner would like to create one
additional lot and will need to connect to City water and sewer in order to accomplish
this.
The proposed zoning R-4 is consistent with other zoning in the area on properties that
have been recently annexed. More specifically, directly to the west of this site the
approximately 11 acre parcel that adjoins this was given an R-4 zoning designation as
well as the property where Stratford Subdivision is being developed to the south of Lone
Pine View Estates.
On August 13, 2002 the Kalispell City Planning Board held a public hearing to consider
the appropriate zoning for the property upon annexation to the city. No one spoke at
the public hearing and staff recommended approval of the proposed R-4 zoning. A
motion was made and passed unanimously by the planning board to recommend R-4,
Two Family Residential, zoning upon annexation into the city. .
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.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Willis Annexation and Initial Zoning
August 22, 2002
Page 2
ALTERNATIVES:
Respectfully submitted,
Senior Planner
As suggested by the city council.
Report compiled: August 22, 2002
c: Theresa White, Kalispell City Clerk
H: \FRDO\TRANSMIT\KALISPEL\2002\KA02-IOMEMO.DOC
Chris A. Kukulski
City Manager
RESOLUTION NO.4739
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 WILLIS ADDITION NO. 317; 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 Debbie Willis, the owner of
property located on the west side of Denver Avenue, north of Lone Pine View
Estates and south of Sunnyside Drive and 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 Debbie Willis' Annexation
Request, #KA-02-10, dated August 1, 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 Willis Addition No. 317.
SECTION H. 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 3RD DAY OF SEPTEMBER, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLYDESCRIBED AS
FOLLOWS TO WIT:
Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter of Section
19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, which is on the
Southerly R/W of a 60 foot county road known as Sunnyside Drive; thence along said R/W North
88°11'l8" East 595.46 feet to a set iron pin; thence leaving said R/W South 03°35'00" East 118.43
feet to a set iron pin and the True Point of Beginning of the Tract of Land herein described; thence
continuing South 03°35'00" East 52.18 feet to a set iron pin; thence South 38'07' 18" East 73.07 feet
to a set iron pin; thence South 77°44'26" West 184.75 feet to a found iron pin; thence South
14057'00" West 32.82 feet to a found iron pin; thence South 77°44'26" West 124.95 feet to a set iron
pin; thence North 00°09'20" West 198.70 feet to a set iron pin; thence North 88° 11' 18" East 263.40
feet to the Point of Beginning.
Shown as Tract 2 of Certificate of Survey No. 12924.
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
August 22, 2002
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of R-4, Two Family Residential
Denver and Sunnyside Drive — Debbie Willis
Dear Chris:
The Kalispell City Planning Board met on August 13, 2002, and held a public hearing
to consider initial zoning upon annexation for an approximately one acre parcel
located on the west side of Kalispell. A petition for annexation was submitted for this
property which lies on the west side of Denver Avenue, north of Lone Pine View
Estates and south of Sunnyside Drive. There is currently a single family home on the
property and the property owner would like to create an additional lot. This will
require connection to City water and sewer.
Thomas Jentz, with the Tri-City Planning Office presented staff report KA-02-10,
evaluating the proposed zoning noting that the proposed zoning is consistent with the
zoning for other lots in the area that are inside the city limits. The staff recommended
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. It is consistent with other City zoning in the area.
No one spoke at the public hearing. The board discussed the zoning in the area and
the proposed zoning. 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 September 3, 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
n Van Natta
President
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Willis Annexation and Initial Zoning
August 22, 2002
Page 2
RVN/NW
Attachments: Original petition to annex and legal description
Staff report #KA-02-10
Draft minutes 8/ 13/02 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Debbie Willis, 940 Sunnyside Drive, Kalispell, MT 59901
H: \FRDO \TRANSMIT\KALISPEL\2002 \KA02-1 O.DOC
PUBLIC HEARING
The public hearing was opened to those who wished to
speak.
PROPONENTS
Michaeli Deulfer, 25 Three Mile Drive, said she inherited the
property from her parents. She had concerns about the
current residential zoning designation saying the area is very
noisy with UPS starting at 4:00 a.m. and ambulances using
the route to get to the hospital. She didn't see it as a goad
DR
residential area because of the traffic and noise, especially in
s
the summer when the windows needed to stay open. She
said they were trying to sell the property and the sale was
contingent on the zoning.
Curt Lindeman, a small business owner across the street,
had concerns about the issue of safety. With the proposed
change of the intersection and the Junior High school down
the street he had concerns about a possible high traffic
business like fast food that would have 1,500 cars a day. He
wanted to make sure the safety factor was considered in the
zone change.
OPPONENTS
No one else wished to speak and the public hearing was
closed.
MOTION
Rice moved and Atkinson seconded to adopt staff report
KZC-02-2 as findings of fact and recommended to the
Kalispell City Council that the requested zone change from
R-3 to B-2 be denied and that the property be rezoned to R-
5, Residential/Professional Office.
BOARD DISCUSSION
Van Natta wondered if the road were already in place if that
would change the recommendation. Jentz stated the greater
issue was the Master Plan, which indicated high density
residential. It was a matter of timing and once the new
growth policy were in place and the board had an
opportunity to look at the whole neighborhood they might be
here looking at it. He thought the appropriate thing to do
would be to change the Master Plan, but the bigger issue was
the Growth Policy. He thought the R-5 was in substantial
compliance and if it went to B-2 it would be hard to change
later if this did not fit the overall plan for the neighborhood.
ROLL CALL
The motion passed on a roll call vote with 4 in favor and 1,
Spooner, voting in opposition.
DEBBIE WILLIS INITIAL
A request by Debbie Willis for an initial zoning designation of
ZONING AND ANNEXATION
R-4, Two Family Residential, upon annexation on
approximately one acre that lies on the south side of
Sunnyside Drive.
Kalispell City Planning Board
Minutes of the meeting of August 13, 2002
Page 4
STAFF REPORT
Thomas Jentz, of the Tri-City Planning Office, gave a
#KA-02-10
presentation on staff report KA-02-10, a request for
annexation and initial zoning classification of R-4, Two -
Family Residential. The property is currently zoned County
DR,A-
R-1, Suburban Residential and will be annexed under the
provisions of Sections 7-2-4601 through 7-2-4610, M.C.A.,
„�
Annexation by Petition. Staff reviewed the statutory criteria
and recommended initial zoning for this property upon
annexation to be R-4.
APPLICANT/AGENCIES
Jentz noted that Debbie Willis is the recording secretary.
PUBLIC HEARING
The public hearing was opened to those who wished to speak
on the issue.
PROPONENTS
No one wished to speak.
OPPONENTS
No one wished to speak and the public hearing was closed.
MOTION
Anderson moved and Spooner seconded to adopt staff report
KA-02-10 as findings of fact and recommend to the Kalispell
City Council that the initial zoning for this property upon
annexation be R-4, Two -Family Residential.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
No old business was reported.
NEW BUSINESS
Jentz opened discussion on the Growth Policy issue. He said
that the City Council has moved ahead to create a Kalispell
City Planning Board and they would like the Growth Policy to
proceed. Jentz suggested a work session and that the board
review the three drafts and previous work done.
Discussion followed regarding meeting schedules, agenda
time -lengths, extension of services, and City -County political
climates.
ADJOURNMENT
The meeting was adjourned at approximately 8:28 p.m. The
next meeting of the Kalispell City Planning Board and Zoning
Commission will be held on Tuesday, September 10, 2002.
Ron Van Natta, Chairman of the Board Debbie Willis, Recording Secretary
APPROVED as submitted/corrected: //02
Kalispell City Planning Board
Minutes of the meeting of August 13, 2002
Page 5
DEBBIE WILLIS
REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-02-10
AUGUST 1, 2002
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
the initial zoning of R-4 upon annexation to the city on property in southwest Kalispell.
A public hearing has been scheduled before the Planning board for August 13, 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 property
owner has petitioned annexation and initial zoning classification of R-4, a Two -Family
Residential district. The property is in the County zoning jurisdiction and is zoned
County R-1, a Suburban 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: Debbie Willis
940 Sunnyside Drive
Kalispell, MT 59901
(406) 257-7958
B. Location and Legal Description of Property: The property proposed for
annexation lies on the west side of Denver Avenue, north of Lone Pine View
Estates and south of Sunnyside Drive. The property proposed for annexation can
be described as Assessor's Tract 7B located in Section 19, 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-1, Suburban Residential. The suburban residential district is intended
to serve as an area where limited density would be encouraged such as in the 100-
year floodplain or on steep slopes or in areas where estate type development is
anticipated.
D. Proposed Zoning: City R-4, Two -Family Residential, has been proposed for the
property. The R-4 zoning district allows duplexes and single-family dwellings as
Permitted uses. The minimum lot size for the district is 6,000 square feet and a
minimum lot width of 50 feet with setbacks of 15 feet in the front, ten feet in the
rear and five feet on the sides.
E. Size: The area proposed for annexation and zoning contains approximately one
acre.
F. Existing Land Use: Currently this property is being used for a single-family
residence with an attached garage on the property near the southwest comer.
G. Adjacent Land Uses and Zoning: The immediate area is characterized by single-
family homes on urban sized lots in the area to the east and single-family homes
on the larger lots to the lots to the west and north.
North: Large lots with single-family homes, City R-4 and County R-1
zoning
East: Single-family homes; County R-1 zoning
South: Single family homes, Lone Pine View Estates, County R-1 and City
R-3 zoning.
West: Undeveloped grazing lands and single-family homes; City R-4
zoning
H. General Land Use Character: The area can be described as a transitional area
between the urban areas of Kalispell to the east and the more rural undeveloped
area of the County to the west. The immediate area is characterized by single-
family homes on urban sized lots in the area to the east and south and single-
family homes on the larger lots to the lots to the west and north. An urban density
residential subdivision, Lone Pine View Estates, lies to the south of this property.
I. Availability of Public Services and Extension of Services: Public services,
including City water and sewer, can be provided to this site. City water and sewer
were extended into the area when Lone Pine View Estates was developed. Water
and sewer services are located within the right-of-way along Denver Avenue in front
of this property and would only require connection to provide service to the
property.
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.
Does the requested zone comely with the Master Plan?
The property is designated by the Kalispell City -County Master Plan as
"Suburban Residential" which is defined as allowing two dwellings per acre. The
master plan also encourages the redesignation of the suburban residential area
to a higher density once public services are available. The Urban Residential
land use designation anticipates two to eight dwelling units per acre. Because of
the plans for the provision of public water and sewer to the site, the proposed R-4
zoning designation is in general compliance with the master plan designation.
Because of the configuration of this property, it would appear that one additional
lot could be created that would create a density of approximately one dwelling per
7,000 square feet or a density of approximately six units per acre. The R-4
zoning has a minimum lot size requirement of 6,000 square feet with each lot
allowing a duplex or a base density of one dwelling per 3,000 square feet.
However, as previously mentioned the configuration of this property does not
lend itself to allow the maximum density provided for under the zoning.
2. Is the requested zone designed to lessen congestion in the streets?
Any increase in the traffic in the area will result from an additional dwelling or
duplex which will have an insignificant impact and will not impact the
functioning of the streets in the area.
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 building 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 property and will be utilized at the time
another lot is created 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 which 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 residential development
and now that public water and sewer are in the street an urban land use
designation is appropriate. The anticipated density generally falls within the
proposed R-4 zoning designation. All public services and facilities will be
available to serve this property. 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
further 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.
9. Does the requested zone give consideration to the particular suitability of the
Property for particular uses?
The proposed R-4 zoning district is consistent with the surrounding zoning and
land uses in the area and 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 to the east and south is urban sized lots for
residential development. The same type of development can be anticipated to
occur on this property and will be consistent with the character of the district.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-4 zoning will
promote compatible and like uses on this property as are found on other
properties in the area.
12, Will the requested zone encourage the most aporopriate use of the land
throughout the municipality?
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 R-4 zoning is similar to the existing to the west and to the south of
the site and will be consist with other development in the area. Access is from Denver
Avenue which is currently indicated as a private road easement, but will be dedicated to
the City of Kalispell at the time this property is subdivided. The City of Kalispell
currently maintains Denver Avenue in conjunction with the maintenance of roads in the
Lone Pine View Estates subdivision.
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-02-10 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for this property upon annexation be R-4, Two -Family Residential.
NW
Debbie R. Willis
940 Sunnyside Drive, Kalispell, Mt 59901
Home(406) 257-7958 Cell(406) 250-5708 Fax(406) 752-3784
willisdebbie@hotmaiLcom
Tri-City Planning Office
17 Second Street East, Suite 211
Kalispell, MT 59901
Attn: Narda Wilson
June 28, 2002
Dear Narda,
This letter is a request to waive preliminary plat for property located at 940
Sunnyside Drive, in Kalispell, Montana.
Legal description for the property is:
Section 19, Township 28, Range 21, Tract 7B
I am submitting this letter with a Petition for Annexation and Initial Zoning,
along with Schedule A, legal description of the property.
Thank you for your time and attention to this matter.
Sincerely,
Debbie R. Willi
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:
MAIL ADDRESS: 9 q o Sy.lny.0 Side. -D r.
CITY/STATE/ZIP: Kd 1Sre,(� , MT 9�,3 16I PHONE: aS Sc�
INTEREST IN PROPERTY: O u)tll�
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 9 y O Sutnu\'N S t e' TV'.
Legal Description:
PHONE:
(Lot and Block of Subdivision; Tract
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: _
The proposed zoning of the above property is:
State the changed or changing conditions that make the proposed amendment necessary:
SDI k l � w, +W0 RECEIVED
02
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.
6•2-8-65,
(Date)
A Tract of land, situated, lying, and being in the Northeast Quarter of the Northwest
Quarter of Section t9, Township 28 North, Range 21 West, P.M.M'., Flathead County,
Montana, and more particularly described as follows to wit:
Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter
of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana,
which is on the Southerly R/W of a 60 foot county road known as Sunnyside Drive;
thence along said R/W
North 88'11'18" East 595.46 feet to a set iron pin; thence leaving said R/W
South 03`35'00" East 118.43 feet to a set iron pin and the True Point of Beginning of the
Tract of Land herein described; thence continuing
South 03'35'00" East 52.18 feet to a set iron pin; thence
South 38'07'18" East 73.07 feet to a set iron pin; thence
South 77'44'26" West t84.75 feet to a found iron pin; thence
South 14'57'00" West 32.82 feet to a found iron pin; thence
South 77'44'26" West 124.95 feet to a set iron pin; thence
North 00`09'20" West 198.70 feet to a set iron pin; thence
North 88'11'18" East 263.40 feet to the Point of Beginning.
Shown as Tract 2 of Certificate of Survey No. 12924.
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.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
withdrawn from the
7-33-2127. Montana
Code Annotated; and t]
Notice requirement pursuant to said Section;
resolution of annexation by the
detracted from said district.
intent to have the property as herein described
Rural Fire District under the provisions of Section
at incorporated into this Petition to Annex is the
and that upon proper adoption of an ordinance or
City Council of the City of Kalispell, the property shall be
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.
O;-5
Petitioner/Owner Date
Please return this petition to:
eyio
Y qnu /e/�JF75�Yl 1"r
Note: Exhibit A (legal description) must be attached for the petition to be valid.
STATE OF MONTANA )
ss
County of Flathead County
On this day of r`� , a0C[;), before me the undersigned, a Notary Public for
the State of Montana, personally appeared -jkbpyo, h Q0j— 1 j, l known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that h"Mthe same.
IN WI SS WHEREOP%,I eve hereunto set my hand and affixed my Notary Seal the day and
year infilth ce a written. I
SEA Notary ublic, a oil Montana
.,, ' . My Commission expires:
STATE OF
ss
County of Flathead County
On this day of I , 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 )
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
, the and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, 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
A Tract of land, situated, lying, and being in the Northeast Quarter of the Northwest
Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana, and more particularly described as follows to wit:
Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter
of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana,
which is on the Southerly R/W of a 60 foot county road known as Sunnyside Drive;
thence along said R/W
North 88'11'18" East 595.46 feet to a set iron pin; thence leaving said R/W
South 03'35'00" East 118.43 feet to a set iron pin and the True Point of Beginning of the
Tract of Land herein described; thence continuing
South 03'35'00" East 52.18 feet to a set iron pin; thence
South 38'07'18" East 73.07 feet to a set iron pin; thence
South 77`44'26" West 184.75 feet to a found iron pin; thence
South 14'57'00" West 32.82 feet to a found iron pin; thence
South 77'44'26" West 124.95 feet to a set iron pin; thence
North 00'09'20" West 198.70 feet to a set iron pin; thence
North 88'11'18" East 263.40 feet to the Point of Beginning.
Shown as Tract 2 of Certificate of Survey No. 12924.
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VICINITY MAP
DEBBIE WILLIS
REQUEST
FOR INITIAL
ZONING UPON ANNEXATION
FROM
COUNTY R-1,
SUBURBAN RESIDENTIAL
TO R-4,
TWO FAMILY
RESIDENTIAL
CITY OF
KALISPELL
ZONING JURISDICTION
7ABA
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FILE# KA-02-10 SCALE i = 250 PLOT Deal: a/ia/oa
�� ' A:\gis\site\ka0210.dwg
i
The Daily Inter Lake, Sunday; July 21y. 2002 — D7
OF PUBLIC
iLL CITY
3 BOARD
ING COM-
sr meeting of
II CiN Plan-
1. Postponed from the
July meeting, a request
f by Mark Owens, dba
j LBO Limited Partner-
ship for an initial zoning
designation upon an-
nexation to the city of
Kalispell on approxi-
metely 58 acres of prop-
• arty located at the north -
eat comer of Stillwater
Road and West Re-
serve Drive. The pro-
posel would designate
approximately 42 acres
as R-3, Residential, a
single family residential
district, approximately 9
acres as RA-3, a Reed -
dental ApartmentiOBlce
district and 7 acres as
B-1, Neighborhood Buf-
fer District, a limited
' commercial district in-
tended to serve the im-
mediate surrounding
area. A preliminary plat
for 121 lots as descri-
bed below is being filed
concurrently with the
annexation and zoning
request. The property
proposed for annexation
and zoning can be de-
scdbed as a portion of
Assessor's Tract 5+ lo-
cated in Section 25,
Township 29 North,
Range 22 West,
'. P.M.M., Flathead Coun-
t Montana.
2. Postponed from the
July meeting, a request
by Mark Owens dba
Owl Corporation for pre-
' limmary plat approval of
Wwsl Vlaw Estates. a -
rated on the northeast
corner of Stillwater
Road and West Re-
serve Drive. This plat
would create 119 Tote in-
tended for single family
residential development
on approximately 42
acres, one lot intended
for neighborhood com-
mercial on approximate-
ly 7 acres and one lot
intended for high densi-
tyresidential office uses
on approximately 9
acres. All of the lots in
the subdivision would
be served by public
sewer and water and
would be developed in
accordance with City of
Kalispell standards.
The preliminary plat is
being submitted in con-
junction wish the annex-
ation of the property and
designationof initial
-conin% The property
-
'zCen baAeeodbed.as 9-.
ppoorrNNoonaf Assessor's.=
-lamer lowwnsftgl 29,
++-AANeeorttr Range 22 Week.:
tl?M.Mij Relined+Count
'm. Measure, -.
'!*4 elfin , View
P ea Pby oun-
For
preliminary plat appro-
val of a 13 lot commer-
cial subdivision located
on the southeast corner
of Hwy 93 and West Re-
serve Drive. This plat
would create 13 com-
merciel lots intended for
development as part of
the Mountain View Pla-
zWHome Depot com-
mercial center. The
property contains ap-
proximately 37 acres
and is zoned B-2/PUD,
a Commercial zoning
district with a Planned
Unit Development over-
lay. All of the lots in the
subdivision would be
served by public sewer
and water and would be
developed in accord-
ance with the previously
approved planned unit
development(PUD) and
development agreement
executed with the City
of Kalispell. The proper-
ty can be described as
Assessor's Tract 3E lo-
cated in Section 31.
Township 29 North,
Range 21 West,
P.M.M., Flathead Coun-
on
use.
use
square feet. The hall
of the church within the
expansion area would
be between 14 feet and
30 feet and would
match she existing build-
ing. The property where
the church is located
contains approximately
2.82 acres and is at 323
Normddge Drive in Ka-
lispell. The property can
be described as Lot 2,
Block 12 Northridge
Heights # 4 located in
Section 1, Township 28
North, Range 22 West,
P.M.M., Flathead Coun-
ty Montana.
5. A zone change re-
quest by Roy, Michaeli
and Amanda Deulfer
tram R-3. Residential, a
single family residential
zoning district to B-2,
General Business, a
commercial district that
allows a broad mix of
commercial uses. The
property Iles at the
northwest corner of
Three Mile Drive and
North Meridian Road in
Kalispell and contains
approximately 1.69
acres and is currently
developed with a single
family home. The prop-
erty proposed for rezon-
ing is located at 25
Three Mile Drive and
can be described as a
portion of Lot 2q Block
Y, Northwest -Tract§ in
Section 1, Township 28
North, Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
-"6'. A requesr'-by
--
Prol-and LLC an behalf
of Veraum Wireless and
Flathead Industries for a
conditional use permit to
allow a temporary use
for a cell on wheels
(COW) on property lo-
cated in a B-5, Com-
merttialindustdal zoning
d6finct, which lists them.
porary, uses and cellular
communication towers
as a conditionally per-
mitted use. The tower
would be a approxi-
mately 100 Feet in
height located an a mail -
at type of frame that
would not require a per-
manent attachment to
the ground. The appli-
cants are proposing that
the cell on wheels be al-
lowed to be used until a
ppermanent co -location
facility can be secured
with the construction of
the tower proposed on
the adjoining site by
TdStar Communication.
The tower would be lo-
cated on property at 68
Third Ave W.N. In Kalls-
ppall. The property can
ba dascdbed as Late 7
and 8. ,Black 28. Kali. -
Pell Original Townsite
ocated in Section 7
Township 28 North
Range 21 West P.M.M.,
Flathead County Monta-
na.
7. A request byDeb-
bie Willis for an initial
zoning designation of R-
4, Two Family Resklen-
dal, upon annexation in-
to she city of Kalispell on
approximately one acre
that lies an the south
side of Sunnyside Drive
and the west side of
Denver Avenue. The
property address is 940
Sunnyside Dove and is
developed wish a single
family dwelling.
Current -Nis property is In the
County zoning juril
don and is zoned R-1,
Suburban Residential.
The property is being
annexed in order to re-
ceive City ulllllles and
create one additional
lot. The property pro-
posed for annexation
can be deeaibed as As-
sessors Treat 7B locat-
ad in Section 19, Town-
ship 28 North, Range 21
West, P.M.M., Flathead
County, Montana.
Documents pertaining
to this agenda item are
on file for public inspec-
don at the Td-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 mayy be submit -
led to the Tn-City Plan.
ning Office at the above
address, prior 10 the
dale of the hearing, or
contact Narda Wilson,
Senior Planner, at (406)
751-1850 for additional
information.
lanhomea R. Jentz
Thomas R. Jentz
Planning Director
July 21, 2002.
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
MEMORANDUM
TO: Kalispell City Staff and Other Interested Parties
FROM: Narda A. Wilson, Senior Planner
DATE: July 22, 2002
RE: August 13, 2002 - Kalispell City Planning Board - Regular Meeting
Attached with this memo is a copy of the public hearing notice, vicinity map and site
plan or plat and application for items that will go before the planning board on the
above referenced date:
1. Continued from the July meeting - Mark Owens, dba LBO Limited Partnership for
an initial zoning designation upon annexation to the city of Kalispell on
approximately 58 acres of property located at the northeast corner of Stillwater
Road and West Reserve Drive.
2. Continued from the July meeting - Mark Owens dba Owl Corporation for
preliminary plat approval of West View Estates, a 121-lot subdivision located on
the northeast comer of Stillwater Road and West Reserve Drive.
3. Mountain View Plaza LP preliminary plat for a 13 lot commercial subdivision
located on the southeast corner of Hwy 93 and West Reserve Drive. This plat
would create 13 commercial lots intended for development as part of the
Mountain View Plaza / Home Depot commercial center on approximately 37
acres.
4. Northridge Lutheran Church conditional use permit to allow the expansion of
their existing church on property located in an R-3, Single Family Residential
zoning district. The existing 9,263 square foot church would be expanded by and
additional approximately 11,361 square feet for a total area of 20,624 square feet.
5. A zone change by Roy, Michaeli and Amanda Deulfer from R-3, Residential, a
single family residential zoning district to B-2, General Business, a commercial
district at the northwest comer of Three Mile Drive and North Meridian Road on
approximately 1.69 acres.
6. ProLand LLC on behalf of Verizon Wireless and Flathead Industries for a
conditional use permit to allow a temporary use for a cell on wheels (COW) on
property located in a B-5, Commercial / Industrial zoning.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls - City of Whitefish
Referrals KPB 08/ 13/02
July 22, 2002
Page 2
7. A request by Debbie Willis for an initial zoning designation of R-4, Two Family
Residential, upon annexation into the city of Kalispell on approximately one acre
that lies on the south side of Sunnyside Drive and the west side of Denver
Avenue.
These items will go before the Site Development Review Committee in the Conference
Room of the Kalispell Building Dept. at the northwest corner of Third Avenue East and
Third Street East on:
July 25, 2002 - Initial comments
August 1, 2002 - Comments
Comments By:
• August 2, 2002 so that they can be incorporated into the staff report
These matters will go before the Kalispell City Planning Board on August 13, 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 August
2, 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.
c: w/attachments: Jim Stewart / John Sturzen, Fire Dept.
Mike Baker, Parks and Rec
Chris Kukulski, City Manager
PJ. Sorenson, Zoning Administrator
Jim Brown, 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
Steve Herzog / Clay Colby — MDOT
H:\...\AGREF\KALISPELL\KPBO813REF.DOC
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
July 8, 2002
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Debbie R. Willis
940 Sunnyside Drive
Kalispell, MT 59901
Re: Waiver of Preliminary Plat Approval — 940 Sunnyside Drive, Kalispell
Dear Debbie:
This letter is in response to your request for waiver of preliminary plat approval a two
lot subdivision located on the south side of Sunnyside Drive and west of Ashley Creek
located at 940 Surmyside Drive. It is also noted that the Denver Avenue right-of-way
would be dedicated to the City of Kalispell as part of this subdivision which is an
existing roadway. The property can be described as a portion of Assessors Tract 7B in
Section 19, Township 28 North, Range 21 West, Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver criteria
as provided for under the Kalispell Subdivision Regulations. Specifically it meets the
following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of
streets or public or private parkland, (3) that the lots have legal and physical access
conforming to the subdivision regulations, (4) each lot has a suitable building site and there
are no environmental hazards present; (5) municipal sewer and water are adequate and in
place; (6) that the subdivision complies with the subdivision and current zoning regulations,
and (7) that there will be no significant impact on agriculture, agricultural water users, local
services or the natural environment.
Due to the relatively minor impacts that this subdivision poses, this office grants
preliminary plat approval subject to the following conditions:
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
2. That the driveway access be obtained from Denver Avenue and any needed
improvements be made prior to final plat submittal.
3. That a note be placed on the face of the final plat that waives protest to the creation of a
special improvement district to upgrade Denver Avenue.
4. That a certificate of subdivision approval be obtained from the Montana Department of
Environmental Quality.
5. This waiver of preliminary plat approval is valid for three years and will expire on July 8,
2005.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish
Waiver of Preliminary Plat Debbie Willis
July 8, 2002
Page 2
Waiver of preliminary plat approval does not constitute approval of the subdivision. Please
note that prior to final plat approval, all requirements must be met per Chapters 2 and 3 of
the Kalispell Subdivision Regulations. If you have any questions regarding this matter,
please call Narda Wilson, Senior Planner, at this office.
Sin erely,
Thomas R. Jentm
Planning Director
LETTERS\WAIVEPP\02\WILLS.DOC