05. Resolution 4631 - Annexation - MeerkatzFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Annexation and Initial R-2 Zoning - Jeffrey C. Meerkatz
MEETING DATE: July 2, 2001
BACKGROUND: The property proposed for annexation is located on the west side of
South Woodland Drive and North of Kelly Road in the southeast part of Kalispell. The
property is a 0.60-acre parcel. Currently this property is located in the County zoning
jurisdiction and is zoned R-2, a One Family Limited Residential zoning district which
requires a minimum lot size of 20,000 square feet and is typically in an area that is
served by community sewer or water. The applicants are proposing City R-2, a
Residential zoning district which has a minimum lot size requirement of 9,600 square
feet and would be required to be served by all public facilities and services. This
district is intended primarily for single family residential dwellings. All of the
surrounding residential properties in the area are zoned County or City R-2 and the
proposed zoning would be consistent with that which is in the area. Currently this
property is undeveloped. The property owners plan to build a single family residence
on the property and would require City water and sewer to do so, hence the request
for annexation into the city.
The Kalispell City -County Planning Board held a public hearing at their regular
meeting of June 12, 2001, and a motion was made and passed unanimously to
forward a recommendation that initial zoning for this property should be R-2,
Residential, upon annexation.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-2
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
��-- ^�
Narda A.Wilson Chris A. Kukulski
Senior Planner City Manager
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
f
Meerkatz Annexation and Initial Zoning
June 19, 2001
Page 2
Report compiled: June 19, 2001
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
FRDO report KA-01-1 and application materials
Draft minutes from 6/ 12/01 planning board meeting
H: \FRDO \TRANSMIT\KALISPEL\2001 \ KA01-1 MEMO. DOC
RESOLUTION NO. 4631
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 AMENDED PLAT OF
A PORTION OF LOTS 4 AND 5, BLOCK 4, GREENACRES NORTH-WEST
SUBDIVISION, LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS MEERKATZ
ADDITION NO. 303; 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
Jeffrey C. Meerkatz, the owner of property located on the
west side of South Woodland Drive and north of Kelly Road
and further described above, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Jeffrey Meerkatz's Annexation Request, #KA-01-
1, dated June 4, 2001, and
WHEREAS, the Kalispell City -County 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 as
the Amended Plat of a Portion of Lots 4 and 5, Block 4,
Greenacres North-West Subdivision be annexed to the City
of Kalispell and the boundary of the City is altered to
so provide, and shall be known as Meerkatz Addition No.
303.
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.
meerkatz . wpd - 1-
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 2ND DAY OF JULY, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
meerkat z . wpd - 2 -
Flathead Regional Development Office
723 5th Avenue Fast - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
June 19, 2001
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning — Jeffrey C. Meerkatz
Dear Chris:
The Kalispell City -County Planning Board met on June 12, 2001, and held a public hearing
to consider a request by Jeffrey C. Meerkatz for annexation and initial zoning on property
located on the west side of South Woodland Drive and North of Kelly Road in the southeast
part of Kalispell. The applicants are proposing City R-2, a Residential zoning district, which
has a minimum lot size of 9,600 square feet and is required to be served by all public
facilities and services.
Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-01-1,
evaluating the proposed zoning. Staff recommended initial zoning of City R-2, Residential
upon annexation.
At the public hearing no one spoke in favor of or opposition to the proposal.
After the public hearing the board discussed the proposal, taking into consideration public
comment, and a motion was made and passed unanimously to forward a recommendation
that initial zoning for this property should be R-2, Residential, upon annexation.
Please schedule this matter for the July 2, 2001 regular city council meeting. You may
contact this board or Narda Wilson at the Flathead Regional Development Office if you have
any questions regarding this matter.
Sincerely
Kalispell City -County Planning Board
Providing Community Phoning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Jeffrey Meerkatz - Annexation and Initial Zoning
June 19, 2001
Page 2
Attachments: Staff report KA-01-1
Draft minutes 6/ 12/01 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Jeffrey C. Meerkatz, 1604 South Woodland Dr., Kalispell, MT 59901
H:\FRDO\TRANSMrr\KALISPEL\2001\KA01-l.DOC
B:ALISPELL CITY -COUNTY PLANNING BOARD
MINUTES OF MEETING
JUNE 12, 2001 APVP
CALL TO ORDER AND Greg Stevens called the meeting to order at approximately 7:00
ROLL CALL p.m. Members present were: Don Garberg, Dale Pierce, Ron
Van Natta, Don Hines, Rob Heinecke, Bill Rice, Brian Sipe, and
Greg Stevens. Don Mann had an excused absence. Narda
Wilson represented the Flathead Regional Development Office.
There were approximately 9 people in the audience.
APPROVAL OF MINUTES On a motion by Van Natter and seconded by Sipe the minutes of
the meeting of May 8, 2001 were unanimously approved as
submitted.
JEFFREY C. MEERKATZ A request for annexation and initial zoning of R-2 by Jeffery C.
ANNEXATION AND Meerkatz on approximately 0.60 of an acre on property located
INITIAL ZONING on the west side of South Woodland Drive and north of Kelly
Road.
STAFF REPORT Narda Wilson, of the Flathead Regional Development Office,
gave a presentation of staff report KA-01-1, a request for
annexation and initial zoning. The property is currently located
in the County zoning jurisdiction and is zoned R-2, One Family
Limited Residential. The applicants are proposing City R-2, a
Residential zoning district, which has a minimum lot size
requirement of 9,600 square feet and would be required to be
served by all public facilities and services. This district is
intended primarily for single-family residential dwellings. All of
the surrounding residential properties in the area are zoned
County or City R-2 and the proposed zoning would be
consistent with that which is in the area. Wilson reviewed the
evaluation of statutory criteria and recommended the initial
zoning for the property be R-2, Residential, upon annexation.
Stevens asked if there was any written comment received and
Wilson said no, this particular proposal was not required to
notice.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
PROPONENTS No one wished to speak.
OPPONENTS No one wished to speak and the public hearing was closed.
MOTION Garberg moved and Van Natter seconded to adopt staff report
KA-01-1 as findings of fact and forward a recommendation to
the Kalispell City Council that the initial zoning for this
property should be R-2, Residential, upon annexation.
Kalispell City -County Planning Board
June 12, 2001 Meeting Minutes
Page 1 of 9
BOARD DISCUSSION Hines asked and Wilson answered that the applicant had filed
an amended plat and would not be bringing in all of Lots 4 and
5, just the area where he was building his house, which was
sited on the map.
ROLL CALL The motion passed unanimously on a roll call vote.
DALE W. HAARR, ET AL A zone change request by Dale W. Haarr, et al from H-1 to R-3
ZONE CHANGE on properties located on the east and west sides of Buffalo Hill
Drive and containing approximately 3.10 acres.
MEMBER REMOVED Rob Heinecke stepped down from the board due to a conflict of
interest.
STAFF REPORT Narda Wilson, of the Flathead Regional Development Office,
gave a presentation on staff report KZC-01-, a proposed zone
change from H-1, a Health Care zone. H-1 is intended to
provide hospital facilities and supportive services for the
community and to provide an area for higher density residential
uses such as nursing homes and apartment development to R-
3, a Residential zone that is exclusively a single family zone
with the exception of a limited number of non-residential uses
that would be considered under the conditional use permit
process such as schools, churches and day care center. The
minimum lot size requirement for the zone is 7,000 square feet
for all newly created lots. The setbacks for the zone are 20 feet
in the front, rear and side corner and 5 feet on the sides.
Wilson reviewed the findings of fact and statutory criteria, thus
recommending approval of the request zone change.
Hines asked and Wilson clarified the total charge was $400 and
each applicant paid their share of that.
APPLICANTS / Margie Simpson, 55 Buffalo Hill, stated that all of the homes
AGENCIES were there when the hospital was built and it was originally
residential. She noted that the rezoning of the hospital put it
into the H-1. Simpson stated they were originally residential
and would like to return to being residential.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
PROPONENTS Rob Heinecke, 206 Ponderosa, spoke in support of the zone
change. He noted concern over the traffic of the H-1 district.
Heinecke stated the character of the neighborhood was
residential and he hoped to protect the integrity of the
neighborhood by returning it to residential. He urged the
support of the board for the sake of his mother, who lives there.
OPPONENTS No one wished to speak and the public hearing was closed.
Kalispell City -County Planning Board
May 8, 2001 Meeting Minutes
Page 2 of 9
JEFFREY
REQUEST FOR ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KA-01-1
JUNE 4, 2001
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request for annexation and initial zoning. A hearing has been scheduled
before the Kalispell City -County Planning Board for June 12, 2001 beginning at 7:00
PM in the Kalispell City Council Chambers. The Planning Board will forward a
recommendation to the Kalispell City Council for final action.
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The
petitioner would like to annex into the city and obtain R-2, Residential zoning on the
property.
A. Petitioner and Owners:
Jeffrey C. Meerkatz
1604 South Woodland Dr.
Kalispell, MT 59901
(406)752-3558
B. Location and Legal Description of Property- The property proposed for
annexation is located on the west side of South Woodland Drive and North of
Kelly Road in the southeast part of Kalispell. The property can be described as
a 0.60-acre parcel described as the amended plat of Lots 4 and 5 Greenacres
Northwest located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
C. Existing zoning: Currently this property is located in the County zoning
jurisdiction and is zoned R-2, a One Family Limited Residential zoning district
which requires a minimum lot size of 20,000 square feet and is typically in an
area that is served by community sewer or water.
D. Proposed Zoning: The applicants are proposing City R-2, a Residential zoning
district which has a minimum lot size requirement of 9,600 square feet and
would be required to be served by all public facilities and services. This district
is intended primarily for single family residential dwellings. All of the
surrounding residential properties in the area are zoned County or City R-2
and the proposed zoning would be consistent with that which is in the area.
E. Size: The area proposed for annexation and zoning contains approximately
0.60 of an acre.
F. F. Existing Land Use: Currently this property is undeveloped. The
property owners plan to build a single family residence on the property and
would require City water and sewer to do so, hence the request for annexation
into the city.
G. Adjacent Land Uses and Zoning: The character of the immediate area is
residential, primarily single family homes and a few duplexes to the south. This
property extends the southern boundaries of the city limits in the this area.
North: Single family homes and undeveloped, County R-2 zoning
South: Single family homes and undeveloped, County R-2 zoning
East: Single family homes and undeveloped, County and City
R-2 zoning
West: Undeveloped, County R-2 zoning
H. General Land Use Character: The general land use character of the area is
single family residential with some properties in the immediate area currently
undeveloped.
I. Availability of Public Services: Public services are available in the immediate
area which include water and sewer as well as fire, police and street
maintenance. The reason for this annexation request is so that the property
owners can connect to the City of Kalispell water and sewer and thereby
construct a new single family home. Kalispell water and sewer lies in the
South Woodland Drive right-of-way to the east.
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.
This property is indicated on the Kalispell City County Master Plan Map as
suburban residential. The proposed R-2 zoning district is in general
compliance with that master plan map designation, as well as the goals and
policies of the document.
Rezoning this property may result in potentially ten vehicle trips per day
associated with a single family home. No significant impact on traffic
congestion will result from bringing this property into the city and assigning it
an R-2 zoning designation.
E
. - - . - . .. - - - . u .. • ... • • - ... • -
There would be no obvious increase in risk related to this zone designation
request. Access to the site is by way of a private driveway from South
Woodland Drive, which will provide adequate access to the site in case of an
emergency.
Because this annexation will enable the property owners to connect to public
sewer and construct a new home on full public services, the public health and
welfare of the community will be served by encouraging compact development
within the city core.
+:+iflfi. .. .. ... . .. . ... .
The proposed use, a single family residence, will be required to comply with the
development standards of the district which assures that there is adequate
light and air.
The requested zoning designation is consistent with other zoning in the area
and the type of development which would be anticipated under the master
plan. The requested zone will prevent the overcrowding of land.
No significant increase in the population in the area will result under the
proposed zoning. Technically, one additional dwelling would be constructed
under this zoning. The lot size requirements for the district avoid the undue
concentration of people in the area.
. •. ... ..
Public service, facilities and infrastructure are currently in place to
accommodate the use(s) in the area. No significant impacts to these services
can be anticipated as a result of this zoning proposal.
.. ■. for ._.
The proposed zoning is consistent with the zoning in the surrounding area and
the uses in the area. The proposed zoning is consistent with the master plan
map designation and anticipated development. The requested zone gives
appropriate consideration for the suitability of this area for the uses allowed
under the R-2 zone.
3
The general character of the area is residential. The use proposed on the
property is residential and will be consistent and compatible with other uses in
the area. The requested.zone gives reasonable consideration to the character of
the area.
.- . ... .. .. . • .•
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
The most appropriate use of land throughout the jurisdiction appears to
currently be residential. This is consistent with the master plan designation
and promotes the stability and neighborhood character of the immediate area.
It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt Staff Report #KA-01-1 as findings of fact and forward a
recommendation to Kalispell City Council that the initial zoning for this property
should be R-2, Residential, upon annexation.
H: \... \ REPORTS \KA\O 1 \KA01-1
HN
0
Flathead Regional Development Office
723 5'h Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fax: (406)758-5781
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT: el;eeCLf� `E�L�k l L
MAIL ADDRESS: 1� S - 1i /1 ,
CITY/STATE/ZIP: lu(- 5 7 0 PHONE: '7S
INTEREST IN PROPERTY: C 1..z.A/ e— A —
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP: PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the
Legal
Pa&NncP,eS N
(Lot and Block of
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: /G81Lfl�
The proposed zoning of the above property is:
/1 L, A
State the changed or changing conditions that make the proposed amendment necessary:
AM., k : _.
APR 1 200,
The signing of this application signifies that the foregoing information is true and accurate based upon the
).O. staff to be present on the property for
(Date)
1
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede filing of this
application. Among topics to be discussed are: compliance with the master plan, compatibility of
proposed zoning with surrounding zoning classifications and the application procedure.
2. Completed application form.
3. Completed Petition to Annex form including an Exhibit A, legal description of the property.
4. Annexation and Initial Zoning Fee made payable to the Flathead Regional Development Office.
5. Fee Schedule
None
6. A bona fide legal description of the property from a recent survey, title report or deed which accurately
describes the property to be annexed.
H:\F R DO\ FORM SIAPPFORM S\KANNX. DOC
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 hereinxp ess ap intent to have the property as herein described
withdrawn from the , T �' �t 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.
Petitioner/Owner
Please return this petition to:
Flathead Regional Development Office
723 5" Avenue East, Room 414
Kalispell MT 59901
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'/ (/ , before e, the u dersigned, a NN9,tary Public for
the State of Montana, personally appeared ✓e- �,/Jf � 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. I ';-V1
STATE OF MONTANA )
ss
County of Flathead County
Notary Public, State
Residing at ��✓9
My Commission exF
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA )
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
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
April 17, 2001
City of Kalispell
Public Works Department
P.O. Box 1997
Kalispell MT 59903
Re: Annexation of Merkatz Property on South Woodland Drive
To Whom It May Concern:
This letter is to confirm that Jeff Merkatz has submitted a completed petition for
annexation into the city of Kalispell for his property located on the west side of South
Woodland Drive and north of Kelly Road. The property is currently in the county and
is zoned single family residential. A similar zoning designation is anticipated to be
assigned to the property upon annexation to the city. The purpose of the annexation
is to allow connection to City utilities. The property can be generally described as the
Amended Plat of Lots 4 and 5, Block 4, Greenacres Northwest Subdivision located in
Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County Montana.
The property contains approximately 0.60 of an acre.
Our office will schedule this matter for formal action by the Kalispell City Council at
the earliest opportunity. If you have any questions regarding this matter please do not
hesitate to call me
Siin'cLerely, 3/
Narda A. Wilson
Senior Planner
NW/
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
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VICINITY MAP
JEFFREY MEERKATZ
REQUEST FOR ANNEXATION INTO THE CITY OF KALISPELL
AND INITIAL ZONING OF R-2> RESIDENTIAL
FROM R-2, ONE FAMILY LIMITED RESIDENTIAL
WILLOW GLEN ZONING DISTRICT
PLM HATE: May 22, 2M
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