Loading...
01. Resolution 4666 - Annexation - Whitefish Stage CondominiumsTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tticity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Annexation and Initial RA-1, Low Density Residential Apartment, Zoning - Whitefish Stage Condominiums MEETING DATE: November 5, 2001 BACKGROUND: The property proposed for annexation is located on the north side of Granrud Lane and the west side of Whitefish Stage Road in the northeast part of Kalispell. The developer has petitioned annexation and initial zoning concurrent with an application for preliminary plat of a 304 unit residential subdivision known as Whitefish Stage Condominiums. The area proposed for annexation and zoning contains approximately 38.4 acres. This property is currently in the County zoning jurisdiction and is zoned R-5, a Two Family Residential zoning district. This district is a residential district that has a minimum lot size requirement of 5,400 square feet, a minimum lot width of 50 feet and setbacks of 20 feet in the front and rear and five feet on the sides. The developers are proposing initial zoning of City RA-1, Low Density Residential Apartment, which has a minimum lot width of 60 feet and a minimum lot size requirement of 6,000 square feet plus an additional 3,000 square feet for each additional unit beyond a duplex. The district allows duplexes and single-family homes as permitted uses and multi -family dwellings as a conditionally permitted use. Properties in this district would be anticipated to be served by all public utilities and services. It allows duplexes and single-family residences as permitted uses. Because the condominium buildings are considered multi -family dwellings, the applicants have also applied for a conditional use permit concurrent with the preliminary plat. The currently allowed density under the County R-5, Two Family Residential, is comparable to that which is proposed the City RA-1, Low Density Residential Apartment. Under the current County R-5 zoning the minimum lot size requirement is 5,400 square feet. Each of the 5,400 square foot lots would allow a duplex or a base density of one dwelling unit per 2,700 square feet, somewhat higher that that proposed under the RA-1 which allows a base density of one dwelling per 3,000 square feet. The overall change in density allowance as a result of annexing the property from the County to the City and the adoption of City RA-1 zoning would be a total of 463 units under County R-5 zoning and 417 units allowed unity City RA-1 zoning. Overall the base density allowed by the proposed RA-1 zoning would be reduced. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Whitefish Stage Condominiums Annexation and Initial Zoning October 19, 2001 Page 2 The staff has contacted the County Road Department and the County Attorney's Office regarding the annexation of Granrud Lane into the city of Kalispell. The attorney's office is preparing a deed for conveyance of the road from the County to the City. The Kalispell City -County Planning Board held a public hearing at their regular meeting of October 9, 2001. Nine property owners in the neighborhood spoke in opposition to the zoning and the condominium project because of additional traffic impacts and because it is inconsistent with the large lot single family residential neighborhood character that is near the project. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be RA-1, Low Density Residential Apartment, upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance for RA-1 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. 71y4s, = C�"A,YJ Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: October 19, 2001 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Petition to annex and legal description (Exhibit A) Staff report KA-01-8 and application materials Draft minutes from 10/9/01 planning board meeting H: \FRDO \TRANSMIT\KALISPEL\2001 \KA01-8MEMO.DOC RESOLUTION NO. 4666 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 WHITEFISH STAGE ADDITION NO. 308; 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 Whitefish Stage Development, LLC, the owners of property located on the west side of Whitefish Stage Road and north of Granrud Lane and further described in Exhibit A, attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Whitefish Stage Development's Annexation Request, #KA-01- 6, dated October 2, 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 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 Whitefish Stage Addition No. 308. 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 whitefish stage condos.wpd - 1 - 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 STH DAY OF NOVEMBER, 2001. ATTEST: Theresa White City Clerk whitefish stage condos.wpd -2- Wm. E. Boharski Mayor EXHIBIT A LEGAL DESCRIPTION WHITEFISH STAGE CONDOMINIUMS A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, 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 the Southeast Quarter of the Northeast Quarter of Section 31, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary of said SE 1/4 NE 1/4, N8904810311 E1300.85 feet to a set iron pin on the westerly R/W of a 60 foot deeded county road known as Whitefish Stage; Thence along said westerly R/W S0003013911 E1281.24 feet to a set iron pin on the northerly R/W of a 40 foot deeded county road known as Granrud Lane; Thence along said northerly R/W S890431O8" W1308.41 feet to a set iron pin on the west boundary of said SE 1/4 NE 1/4: Thence leaving said R/W and along said west boundary N0001012211 W1283.09 feet to the point of beginning and containing 38.401 ACRES: Subject to and together with all appurtenant easement of record. Also known as TR1, CS14771 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net October 19, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial RA-1, Low Density Residential Apartment, Zoning - Whitefish Stage Condominiums Dear Chris: The Kalispell City -County Planning Board met on October 9, 2001, and held a public hearing to consider a request by Whitefish Stage Condominiums LLC for initial zoning of RA-1, Low Density Residential Apartment, upon annexation to the city. The property is located on the north side of Granrud Lane and the west side of Whitefish Stage Road in the northeast part of Kalispell. The annexation request has been filed in conjunction with a 304 unit residential condominium subdivision, Whitefish Stage Condominiums. The proposed RA-1 zoning district has a minimum lot size of 6,000 square feet plus an additional 3,000 square feet for each unit beyond a duplex. This zoning allows duplexes and single-family homes as permitted uses and lists multi -family dwellings as a conditionally permitted use. The developers have filed a preliminary plat for the subdivision and an application for a conditional use permit to allow multi -family dwellings. Narda Wilson, of the Tri-City Planning Office, presented staff report KA-01-6, evaluating the proposed zoning. She noted that the property is currently designated as County R-5, a Two Family Residential district and that the proposed RA-1 zoning was comparable with regard to density. She noted that the Buffalo Stage development to the south was also zoned RA-1. Staff recommended that the initial zoning of City RA-1, Low Density Residential Apartment, be assigned to the property upon annexation to the city. At the public hearing the applicants spoke in favor of the proposal. There were nine people from the neighborhood who spoke in opposition to the zoning and the development proposal because of impacts to the area particularly related to additional traffic and density. After the public hearing the board discussed the proposal, taking into consideration the issues associated with the additional traffic, density, neighborhood character and other issues. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be RA-1 upon annexation. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Whitefish Stage Condominiums Initial RA-1 Zoning October 19, 2001 Page 2 Please schedule this matter for the November 5, 2001 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 -County Planning Board 4re Stevens Pre ident GS/NW Attachments: Original petition to annex and legal description Staff report KA-01-6 and application materials Draft minutes 10/9/01 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Jim Purdy, Whitefish Stage Development, LLC, 236 Wisconsin Ave. Whitefish, MT 59937 Billmayer Engineering, 2191 Third Ave East, Kalispell, MT 59901 H: \FRDO \TRANSMIT\KALISPEL\2001 \KA01-6.DOC KALISPELL CITY -COUNTY PLANNING BOARD MINUTES DRAFT SEP CITY PROCTS 0 MEETING CALL TO ORDER AND Chairman Greg Stevens called the meeting to order at 7:00 PM. ROLL CALL Members present were: Don Garberg, Dale Pierce, Ron Van Natta, Bill Rice, Greg Stevens and Brian Sipe. Rob Heinecke and Don Mann had excused absences. Narda Wilson represented the Tri- City Planning Office. There were approximately 50 people in the audience. APPROVAL OF MINUTES There was a motion by Van Natta and second by Rice to approve OF THE SEPTEMBER 11, the minutes of the meeting of the September 11, 2001 meeting as 2001 MEETING presented. Stevens said he would like to make a few comments regarding the minutes under Old Business. WHITEFISH STAGE A request by Whitefish Stage Development, LLC, for an initial DEVELOPMENT zoning designation of RA-1, Low Density Residential Apartment, ANNEXATION AND from the current County R-5, Two -Family Residential upon ZONING/PRELIMINARY annexation into the city of Kalispell on property that contains PLAT/CONDITIONAL USE approximately 38.4 acres. It is located on the west side of Whitefish PERMIT Stage Road and north of Granrud Lane in the northeast part of Kalispell. Also; a request for preliminary plat approval of Whitefish Stage Condominiums, a 304-unit condominium development; and a request for a conditional use permit to allow the 304-unit condominium multi -family development, Whitefish Stage Condominiums. Sipe stepped down from the board due to a conflict of interest. STAFF REPORT Wilson asked the board to allow them to combine all three requests for the purposes of the presentation and public hearing, but to make separate motions on each item of business. Wilson described the project and noted the property is located on the west side of Whitefish Stage Road between Evergreen and Reserve Drives and is the last undeveloped 40-acre parcel in the area. Wilson said the property is currently in the county and is zoned County R-5, a Two -Family Residential zone that allows single-family residences and duplexes as permitted uses with a minimum lot size requirement of 5,400 square feet. Wilson said the applicants were proposing to annex the property into the city for the purpose of development and are proposing that the property be zoned City RA-1, a Low Density Residential Apartment. This zoning district allows single-family residences and duplexes as permitted uses and allows multi -family dwellings as a conditionally permitted use. Wilson said the proposed RA-1 zoning has a minimum lot size of 6,000 square feet and requires an additional 3,000 square feet for Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 1 of 16 each dwelling beyond a duplex; the potential density under the existing County R-5 zoning, though it would be limited to single- family residences and duplexes, was one dwelling per 2,700 square feet The property is designated on the Master Plan map as Suburban Residential, an area that would typically not have public water or sewer. The plan encourages redesignation of Suburban Residential areas to a higher density once public sewer becomes available. Wilson said because public sewer would be extended to the property and the proposed zoning closely reflects the existing zoning, the RA-1 zoning designation would be appropriate once it was annexed. Wilson said the purpose of the annexation was for a 304-lot multi- family condominium development which would be done in six phases. Phase I would be developed along Whitefish Stage Road and Granrud Lane, and the balance of the phases would be developed as the market dictated. Wilson said the project would be developed as duplex, six-plex and nine-plex units. They would be individually owned and the homeowners would pay into an association for the maintenance of the common elements such as landscaping, clubhouse and fencing. Wilson said the maximum density that would be allowed under the RA-1 is 417 units or one dwelling per 3,000 square feet, and the density that was being proposed is one dwelling per 4,108 square feet or 72.9% of the maximum density. Wilson said that in comparison with the County R-5 zoning, which has a maximum density potential of 463 units, the base density is reduced under the proposed RA-1. Wilson said the water would be provided by the Evergreen Water District and sewer would be provided by the City of Kalispell via the Village County Sewer District and would be constructed to City standards. Wilson noted at full build -out the traffic projections for the subdivision were approximately 1,200 trip per day, with primary access would be from Whitefish Stage Road which would be developed during Phase 1. Wilson said this section of Whitefish Stage Road is the third busiest County road with a daily average of 4,284 trips a day from a study done in 1997. Wilson said Granrud Lane would also provide access and will be developed earlier than Phase V in order to construct a looped water system. Wilson said a traffic study assessing the impacts to Whitefish Stage Road from the subdivision and Granrud Lane would be required by the Public Works Department as part of their review process. Wilson said one of the largest issues that staff struggled in order to provide the board with a recommendation was the upgrade of Granrud Lane, which is a paved County road and constructed to County standards. Wilson said the entire length of Granrud Lane was contiguous to the city to the south and would be annexed as part of the subdivision and some improvements might be needed. Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 2 of 16 Wilson said the Kalispell Subdivision Regulations require that any public or private street or road providing ingress/egress to the subdivision shall meet street design standards. This would require the developer to upgrade Granrud Lane to City standards which includes curb, gutter and sidewalks on both sides. Wilson said because the subdivision only fronted on the north side of Granrud Lane it might not be reasonable to require the developer to fully upgrade both sides of the road, which is paved but does not have curb, gutter or sidewalks. An alternative might be to require upgrading of both sides of the road with curb and gutter but sidewalks on one side, or the creation of a special improvements district to cover the upgrade of Granrud Lane to the south that fronts along Buffalo Stage Phase V. Wilson said she had contacted Edgerton School regarding enrollment capacity, which is 568 students, and as of September of this year they were at 548, so the development could have an impact on the school. Wilson said the developers wanted to pay cash -in -lieu of parkland, because the common areas that would be commonly owned by the homeowners association. Wilson said when staff had developed the conditions for the conditional use permit they had tried to be consistent with the preliminary plat and also to time the permit and the extensions in conjunction with the plat. Staff was recommending approval of the annexation and zoning, preliminary plat and conditional use permit subject to the conditions as stated. Stevens asked if the county R-5 zone allowed mobile homes. Wilson said it allowed double -wide and single -wide mobile homes on a permanent foundation. Stevens asked why they couldn't use Evergreen sewer. Wilson said it was outside the Evergreen Sewer District boundaries and would have to get permission to use the Village County Sewer District to use their collection system, which the City would probably take over next summer, or they could annex into the sewer district. Stevens said potentially under the current zoning there could be mobile homes put on the parcel, which could be worse than what is being proposed. APPLICANT/AGENCIES Jay Billmayer, of Billmayer Engineering, introduced David Johns, of Johns Development Group in Phoenix, AZ and Joanne and Jim Purdy and Tom Cline of West One Development in Whitefish, and Jeff Swenson of Remax Realty saying they had worked together to develop this concept after studying the market and had chosen this location because of its availability to services and the existing development pattern in the surrounding neighborhood. Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 3 of 16 Billmayer said the development would be in the mid to upper range in pricing and they had also added amenities to the project such as a clubhouse and pool facility directly off of Whitefish Stage Road. The clubhouse would be constructed in the first phase of the project and would cost in excess of one million dollars in order to create an image for the project. Billmayer said the entire perimeter would be landscaped and there would be a buffer zone and fencing between Whitefish Stage Road and the development. Billmayer said this project would be marketed more as a quality second home for older people with no young families. They would probably not be full time residents and traffic may be less than anticipated. Billmayer said he had visited with Gary Rose, Superintendent of School District 5, who said it is policy that if a school is at capacity, then there may be some busing, and he was not concerned about the impacts from this project. Billmayer said they didn't like the layout of Granrud Lane because it had become a de facto back door to other subdivisions, and the primary access would be Whitefish Stage. Billmayer said he understood that there was a waiver of protest of an special improvements district that was part of the Buffalo Stage subdivision approval and they were willing to consider the same treatment if that is how the board would like it handled. Billmayer said he didn't feel they should be required to totally upgrade all of Granrud Lane. Billmayer asked the board if they would consider the fact that they were spending approximately $1.2 million dollars up front for the common facilities, and they would rather pay cash -in -lieu instead of giving up any of the land in the project. David Johns spoke in favor of the project saying they had selected this site because of its current zoning and thought the project would improve the area as opposed to its alternative use, and to also lower its density. Johns said the market they were aiming for were people from out of the area who wanted a second home, but did feel that over time, many of them would become permanent residents. Johns said because of the amenity package they were offering, which includes clubhouse, recreation rooms, pool facilities, etc.; the early retirement market people found these very attractive and that is what the project was geared for. Johns said the condominiums would sell for a base price of $180,000 to $280,000 and would range in size from 1,300 square feet to 1,800 square feet. Johns said he would like to complimented staff on their professionalism in the handling of this project. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS Jean Agather, representing the Flathead Business and Industry Association, said she would especially like to speak in favor of the Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 4of16 project moving expeditiously through the system. Agather said they in the business community have found that within the planning process that has gone on in the valley for the last few years has caused developers enormous delays which has affected the viability of their project with the main cause being the inability of the County and the City to agree on a growth policy. Agather said this project meets some of the goals and needs of the community. Stevens said in going through the growth policy they had found that a lot of the income in the county comes from retirement income and it was one of the biggest sources, and asked Agather if her organization handled any of those statistics. Agather said she didn't have any statistics, but the Flathead Valley was a huge retirement area and it was an issue that needed to be addressed. She said they will continue to see more urban flight and this type of project is what people will be looking for who want to get out of higher density areas. OPPONENTS Jefferson Oxford, 2118 Mission Way South, stated his neighborhood had started two petitions in opposition. He said there was some duplication of names because one of the petitions had been lost. Oxford stated the concerns of opposition about the development as the additional traffic impact to Whitefish Stage Road, the RA-1 zoning will destroy the family nature of the neighborhood, the additional traffic will impact the safety of children on their way to and from school, the impact to the quality of education in the school system, it would quadruple the amount of residences in similar neighborhood, it may drive property values down, and there may be more crime because apartments and condos were transient in nature. Oxford urged the board to consider the character of the neighborhood stating this would be a total change from the single-family character that it is now. Doug Green, 234 Mission Trail, asked what low density was because in comparison with the surrounding neighborhoods it looked like twice the density as what exists. Green also said he had concerns with the additional traffic impacts to the road systems. Bruce May spoke in opposition saying there are only seven duplexes on Granrud Lane with all the rest being single-family residences and that six and nine-plex units are not compatible with the neighborhood. May also said this appears to be a high end project, would not be available to the average wage earner in the valley. It was ignoring the housing shortage, and asked if there was a there a need for this type of development. Dick Betchler, Mission Way South, stated he was opposed to the project because of the additional traffic impacts to the road system and that it would necessitate the need for a new fire station and asked that some land be donated for that. He also asked that the density and cash in lieu be clarified. Stevens said land had been donated at the Home Depot project for Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 5 of 16 a new fire station. Stevens noted they had a large number of people at the meeting. They had heard opposition revolving around traffic flow, family character of the area, traffic safety, detriment to education, crime, property values, incompatibly with the area, density, etc. and asked that if the opponents were going to address these same concerns to be brief, and to say they agreed with the previous concerns. Pam Hahn, 626 County Way, stated she feels the density is too high, it was incompatible with the neighborhood, the traffic is too much for Whitefish Stage and the project needs to be somewhere else. Bennett Kauffer, 2082 Mission Way South, stated his concerns were also the devaluation of the property, this project doesn't need to be in a single-family area, the roads are dangerous and the traffic is bad. Elaine Snyder, 454 County Way South, asked if this property was annexed what would happen to the Country Way Subdivisions, because they didn't want to be annexed. Sandy Hyser also expressed concern about the annexation and asked what would happen to them if the property were annexed. John Garfield, 2046 Mission Way South, said the entrance to the project off of Whitefish Stage would be almost directly behind their home. Garfield said the developers had selected this site because of its current zoning and asked why they were asking for a change in the zoning. Stevens said the applicants want to be annexed into the city and the County and City zoning designations were different. Garfield asked if there wasn't a closer match. Garfield said he had concerns regarding the safety of Granrud Lane, the density of the project was not compatible with the area and that he was not in favor of the development. There was no one else who wished to speak and the public hearing was closed. Stevens asked Billmayer if he could respond to some of the issues. Billmayer said he had been in development for many years and had heard all these protests before, as had the board, but with the extension of City services there comes a change in density and land use. Billmayer said the traffic numbers that were available were of record, but they were average daily trips, and they were required to cite the maximum. Billmayer said it would be less than a ten percent increase in traffic on Whitefish Stage. Billmayer as growth occurred they were all feeling the stress throughout the valley not just on Whitefish Stage Road. Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 6 of 16 Wilson said in regard to the zoning issues the County R-5 zoning is defined as a Two -Family Residential zone, which anticipates single- family and duplex dwellings and a more comparable City zoning would be R-4, a Two -Family Residential zone that anticipates single-family and duplex dwellings as permitted uses. Wilson said the RA-1 zoning enabled them to do multi -family residential, which is not allowed in the City R-4 zone. Wilson noted that the City R-4 and the RA-1 both have a density of one dwelling per 3,000 square feet. Therefore, the density doesn't change. The applicants chose RA-1 because of the multi -family concept with the condos that wouldn't be allowed under R-4. Wilson said she viewed this as an alternative housing opportunity, and that some people may not like the design because it's multi- family but the design was the marketing strategy behind the development in that the homeowners will be able to pay into an association and will know the maintenance on their home and yard will be taken care of. Wilson said not everyone could or wanted to maintain yards or maintenance issues. Wilson said the density was not different than what could be under similar zoning, but it is the design that is different in that it is a condominium project rather than single-family homes. Wilson said in regards to the Whitefish Stage Road issue, the County and the City would require a traffic analysis on Whitefish Stage Road that would assess the level of service of the roadway and the increased impacts as a result of the traffic and would require improvements to the road to mitigate those impacts. Wilson said in regards to the annexation issues, the City only annexes based on petition or if properties were receiving City water or sewer and a condition of continuing to receive those services may be annexation. Wilson said the City doesn't annex people who are on private water and sewer systems that a functioning properly, so this should not be a concern. Wilson said another issue that had been brought up was densities. The density under R-5, 231 lots could be created. On those 231 lots, either a single-family or duplex could be constructed up to a maximum of 463 dwellings if every one of the 231 lots had a duplex. Stevens asked the difference between a townhouse and a condominium. Wilson said with the townhouse you get title to the land and with a condominium there is no title to real estate, you own the building but all the land is held in common. Wilson said there were also different construction standards between the two. Van Natta asked how they arrived at the cash -in -lieu. Wilson said Condition #12 had been mistakenly put in the staff Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 7 of 16 report and asked the board to delete it. Wilson said parkland dedication is based on the size of the lots; if its one-half acre or smaller it is one -ninth of the amount of area devoted to lots or 11 percent of the unimproved market value of the area in lots. Wilson said the applicants didn't provide a per -acre value and $10,000 was close to what a 40 acre parcel would cost. She said when the purchase was final and if they could demonstrate they paid less than that based on their purchase price or provide an independent appraisal, then they could use that as an alternate way to calculate the land value. Wilson said the recreational amenities and the investment in the common areas were not in the original plan, but perhaps it could be an issue the board could address as cash in lieu. MOTION Garberg moved to adopt staff report #KA-01-6 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning of this property should be RA-1, Low Density Residential Apartment, upon annexation to the city. Hines seconded the motion. BOARD DISCUSSION Stevens said that if there was a waiver of a special improvement district provided by Buffalo Stage for Granrud Lane, and if they received a waiver of SID from the applicants, then between the two parties they could do what they wanted with the road. Stevens said he had visited the site, and that the people in Buffalo Stage might not want a sidewalk in their backyards, that it might be better if there was one only on the north side. Wilson said she would research the issue Stevens said income from retirement was one number one in the valley at present and if the project was approved it would be the equivalent of another 400 to 500 paychecks. Stevens said the valley was in transition to retail, retirement and recreation from the traditional agriculture and timber, and this issue was a standard dilemma with increased density near city services. Stevens said he was in favor of the high -end condos because they would not have the impact on the schools, police or traffic as a regular subdivision would since many of the people will not be full time residents. Stevens said if the project was approved, it would add a big increase to the tax base for minimal impact on the cost of services, he equated this project more as a planned unit development that was more attractive than what could be developed there and he would vote in favor of it. Van Natta said in the draft growth policy Granrud Lane is proposed to be extended to Highway 93, West Reserve is proposed to be upgraded to four lanes in conjunction with the Bypass, and Whitefish Stage has always been bad. Van Natta said his concern is about inadequate right-of-way on Whitefish Stage Road for upgrading in the future. Wilson said the Federal Highway Administration gave $400,000 to Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 8 of 16 the Kalispell Urban Road System and that Whitefish Stage would be improved between West Reserve and the Stillwater Bridge. That would include widening the shoulders, ditching, and an asphalt overlay which should last about ten 10 years. The project is scheduled to start in the Spring of 2002. Wilson said because there hasn't been an identifiable project along Whitefish Stage, they don't know how much right-of-way to ask for. Also, when the road project is designed, part of the construction cost of the road would include the acquisition of private property, and this would be an issue that the property owners would deal with at that time. Wilson said they had considered this and it appeared that there was at least 10 to 20 feet along Whitefish Stage Road in the common area that could be taken as right-of-way without impacting the condominiums and still meet the setbacks. Van Natta said they need a specific response from the school. Wilson said she talked to Harry Amend and they can accommodate children in the district though maybe not at the neighborhood school. Rice said it made sense to put density where services are available and the project was acceptable to him. ROLL CALL The motion passed unanimously with six in favor, one opposed and one absention. MOTION Rice moved to adopt staff report #KPP-01-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the conditions as stated and as amended by deleting Condition # 12. Van Natta seconded the motion. Garberg asked for clarification on Condition #3 which was requiring curbs, gutters, sidewalks, etc. and asked if that was referring to Granrud Lane also. Wilson said. Condition #3 only referred to the internal roadways of the subdivision. Stevens said they could insert the word "internal" roadways into Condition #3. MOTION (CONDITION #7) Stevens moved that Condition #7 be amended to read "a waiver to protest a special improvement district to upgrade Granrud Lane to city standards in accordance with the City of Kalispell's Design and Construction Standards for urban streets be filed with the final plat." Rice asked if that would require sidewalks on both sides of the street. Wilson said it would be up to the Public Works Department in working with the neighborhood on what they would like to do. Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 9 of 16 Wilson said she would research the Buffalo Stage waiver of SID Rice seconded the motion to amend Condition #7 as stated. ROLL CALL VOTE The motion passed unanimously. MOTION (CONDITION #6) Stevens moved to amend Condition #6 to read "That the developer shall obtain written approval for the proposed approaches onto Whitefish Stage Road by the Montana Department of Transportation and the Flathead County Road Department and from Granrud Lane by the Kalispell Public Works Department and any conditions or improvements associated with the approval be completed prior to final plat submittal." Van Natta seconded the motion. ROLL CALL VOTES The motion passed unanimously MOTION (CONDITION Stevens moved to delete Condition #15. Garberg seconded the # 15) motion. MOTION (AMENDMENT) Van Natta moved to amend Condition # 15 to read "A recommendation on parkland dedication requirements shall be made to the City Council by the Tri-City Planning Office." Rice seconded the motion. MOTION Garberg moved to amend the motion to say "that in addition to the verbiage accepted that the Board recommend that the common ground satisfy the requirement for parkland as long as it meets statutes." The motion died for lack of a second. ROLL CALL VOTE The motion passed unanimously ROLL CALL VOTE (MAIN The motion passed unanimously. MOTION) MOTION (CONDITIONAL Garberg moved to adopt staff report #KCU-01-5 as findings of fact USE PERMIT) and forward a recommendation to the Kalispell City Council to grant the conditional use permit for Whitefish Stage Condominiums subject to the conditions as amended in the preliminary plat. Pierce seconded the motion. ROLL CALL VOTE (MAIN The motion passed unanimously. MOTION A zone change request by the Flathead City -County Health Department from R-4, Two Family Residential, a residential district FLATHEAD CITY -COUNTY that allows single family and duplex dwellings as permitted uses, to HEALTH DEPARTMENT R-5, Residential / Professional Office, a residential district that also ZONE CHANGE allows professional and government offices for property located on the east side of First Avenue West between loth Street West and '11th Street West containing approximately one acre. STAFF REPORT Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KZC-01-3 saying this was a request for a zone change Kalispell City -County Planning Board Minutes of the October 9, 2001 Meeting Page 10 of 16 WHITEFISH STAGE CONDOMINIUMS REQUEST FOR INITIAL ZONING OF RA-1 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-01-6 OCTOBER 2, 2001 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding initial zoning of RA-1 upon annexation for property in northeast Kalispell. A public hearing has been scheduled before the Kalispell City -County Planning Board for October 9, 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. BACKGROUND INFORMATION The developer has petitioned annexation and initial zoning concurrent with an application for preliminary plat approval of a 304-unit condominium subdivision development north of Buffalo Stage. The development is known as Whitefish Stage Condominiums. Because the units within the subdivision are considered multi -family dwellings, a conditional use permit application has also been filed since multi -family dwellings are listed as a conditionally permitted use in the proposed RA-1, Low Density Residential Apartment, zoning district. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The applicant has proposed a zoning classification of RA-1, Low Density Residential Apartment, under the City of Kalispell Zoning Ordinance. Currently, the property is zoned County R-5, a Two Family Residential district, under the Flathead County Zoning Regulations. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. A. Applicant: Jim Purdy, Agent for Whitefish Stage Development, LLC 236 Wisconsin Ave. Whitefish, MT 59937 (406) 862-2311 Technical Assistance: Billmayer Engineering 2191 Third Ave East Kalispell, MT 59901 (406) 257-8708 B. Location and Legal Description of Property: The property is located on the west side of Whitefish Stage Road and north of Granrud Lane in the northeast part of Kalispell. The property proposed for development can be described as Assessor's Tract 2 in the northeast quarter of Section 31, Township 29 North, Range 21 West, PM.M., Flathead County, Montana. C. Existing zoning: This property is currently in the County zoning jurisdiction and is zoned R-5, a Two Family Residential zoning district. This district is a residential district that has a minimum lot size requirement of 5,400 square feet, a minimum lot width of 50 feet and setbacks of 20 feet in the front and rear and five feet on the sides. Properties in this district would be anticipated to be served by all public utilities and services. It allows duplexes and single-family residences as permitted uses. 1 D. Proposed Zoning: The developers are proposing initial zoning of City RA-1, Low Density Residential Apartment, which has a minimum lot width of 60 feet and a minimum lot size requirement of 6,000 square feet plus an additional 3,000 square feet for each additional unit beyond a duplex. The district allows duplexes and single-family homes as permitted uses and multi -family dwellings as a conditionally permitted use. E. Size: The area proposed for annexation and zoning contains approximately 38.4 acres. F. Existing Land Use: Currently this property is being used for agricultural purposes and is otherwise undeveloped. G. Adjacent Land Uses and Zoning: The area can be described as residential in character and is comprised primarily of single family or duplex dwellings. North: Single-family homes in Country Village No. 2, County R-1 zoning East: Single -single homes in Mission Village #4, County R-1 zoning South: Duplex and single-family homes in Buffalo Stage Phase V, City RA-1 zoning West: Single-family homes, County R-1 zoning. H. General Land Use Character: The area can be described as residential in character and is comprised primarily of family residences on larger lots to the north, east and west and single family and duplex dwellings to the south with a density slightly less than that being proposed. I. Availability of Public Services: Full public services can be provided to this site with water being provided by the Evergreen Water District and sewer being provided by the City of Kalispell via the Village County Sewer District. All utility extensions will be done in accordance with the City of Kalispell's Extension of Services Plan and in accordance with Kalispell's Design and Construction Standards. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. Does the requested zone comply with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Suburban Residential" which is defined as allowing up to two dwelling units per acre. However, the plan encourages a redesignation to a higher density once public water and sewer are available. The requested RA-1 zoning classification falls under the Urban Residential designation in the master plan which allows up to eight dwellings per gross acre. The proposed zoning is in conformance with the Master Plan and encourages density where full public facilities and utilities are available. 2. Is the requested zone designed to lessen congestion in the streets? Once the proposed subdivision which has been filed concurrently with this annexation and initial zoning request has been developed, traffic in the area will increase. Roadway improvements and infrastructure will be extended and will serve the homes within the development. This zoning designation and subsequent development will not lessen congestion in the streets in the area, but is anticipated to occur as development of the area continues. Whitefish Stage Road may be required to be improved with turn lanes in order to accommodate this project. 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 area and will be extended as part of the development of this subdivision. 4. Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and promoting the goals of the Master Plan. 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 master planned for residential development and has full public services. The proposed RA-1 zoning designation is consistent with existing development in the area to the south that has been developed with public water and sewer and the current County R-5, Two -Family Residential zoning designation. All public services and facilities will be available to serve this subdivision. This zone change will not result in an overcrowding of land. 7. Will the requested zone avoid undue concentration of people? Minimum density standards and use standards as well as subdivision development standards will insure that the property is developed within the allowed density standards and avoid the undue concentration of people. 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 to accommodate the efficient use of land and public services. 9. Does the requested zone give consideration to the particular suitability of the Property for particular uses? The proposed RA-1 zoning district is consistent with the zoning of Buffalo Stage subdivision to the south and land uses in the area that have been developed with full 3 public services, and it gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is small lot residential development to the south with similar zoning and larger lot residential development in other areas. This type of development has been anticipated to occur on this property and will be consistent with the character of the area. 11. Will the Proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA-1 zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Small lot residential development should be encouraged in areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the master plan and surrounding zoning in the area. SUMMARY AND DISCUSSION The proposed City RA-1 zoning is similar to the existing zoning of the site and is a continuation of the same pattern of development in the area. Overall density allowed on the property will not be increased as a result of the proposed RA-1 zoning upon annexation. Extension of municipal services to the site to City standards will take place as part of the development of the subdivision that has also been proposed. Adequate access is available to serve the property and any future development will be consistent and compatible with existing development in the area. Public services and the facilities serving this subdivision will be extended and constructed in accordance with the City of Kalispell Extension of Services Plan and the Kalispell Design and Construction Standards. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board adopt Staff Report #KA- 01-6 as findings of fact and forward a recommendation to City Council that the initial zoning of this property should be RA -I, Low Density Residential Apartment, upon annexation into the City of Kalispell. 11 EXHIBIT A LEGAL DESCRIPTION WHITEFISH STAGE CONDOMIIVNMS A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M., M., FLATHEAD COUNTY, MONTNAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northwest corner of the Southeast Quarter of the Northeast Quarter of Section 31, Township 29 North, Range 21 West, P.M., M., Flathead County, Montana; Thence along the north boundary of said SE %4 NE %4, N89' 48' 03" E1300.85 feet to a set iron pin on the westerly R/W of a 60 foot deeded county road known as Whitefish Stage; Thence along said westerly R/W S00' 30' 39" E1281.24 feet to a set iron pin on the northerly R/W of a 40 foot deeded county road known as Grannid Lane; Thence along said northerly R/W S89° 43' 08" W1308.41 feet to a set iron pin on the west boundary of said SE t/4 NE %4 : Thence leaving said R/W and along said west boundary N00° 10' 22" W1283.09 feet to the point of beginning and containing 38.401 ACRES: Subject to and together with all appurtenant easement of record. Also known as TRI, CS14771 4C I 41) 14 I TEO II AMD P L20&27 9 18 tt 16 IS 14 13 6 9 10 11 12 13 t A 8 —1R WAY N 17 22 ISSION OR 6 15 i6A jIl 16-,i 34 ] 18 I i1 23 3J 3 3t g 29 11 19 I 34 27 ZB 10 6 5 21 20 Y4 27 49 S1 3225 2 2 4 u5510N WAY 10 23 26 3 24 J12 it WAY 1 2 3 4 5 8 34 78 14 18 I7 Ifi 15 li 13 2 5DA 33 44 43 60XP{ 37 1 I oJi.� IISSION WAY JqB 5E — — 42 41 - _ ' ' 36 35 34 26 2I PARK _ 28 29 22 23 24 zs 30 31 33 5H 2 ::%.-::::""::`:�:::::;::;: ;:i:::4:::_i_:t 127 4 51 _ �- 50 a COUNTRY WAY ay SOUTH 1 (CFic]SiiiinEv ii]i::isi II• 1e4 PROPERTf :::_ii=;:ii::;:':5-::_:isii:;i:$=::isz:$i::_r��:isis::'s::iir2:::i:_:;::i:: m 2 s:::'ls.F!:?::i:_:i:4:Fi23u:}::.::iiiiY:ii]:Liia-:iii`i: 182 190 5L ::':.w{_:. - .:=:-:5:4:_::F.. S.:.... V5M SB WEN 56G 59JA 591 // 56�� 513E \ 55 54 71 104 105 0 107 OB 09 t 0 0 lawn Q r 53 a 72 103 OZ 0 98 97 6 2a] ARCEL C w.a \\ Z 73 B8 ow y SBA ^ 89 90 51 91 g2 93 94 74 50 7 86 85 84 83 8Z 81 2 0 0.5 Ziz 4 r w 21 ' 6 47 7 _ Rkwo 3 VICINITY MAP SCALE 1" = 500' WHITEFISH STAGE DEVELOPMENT, LLC PRELIMINARY PLAT & CONDITIONAL USE PERMIT FOR A 304 UNIT CONDOMINIUM SUBDIVISION ON 38.4 ACRES TO BE ANNEXED WITH INITIAL ZONING OF RA-1, LOW DENSITY RESIDENTIAL APARTMENT DISTRICT PLOT DATE:9/18/01 FILE# KA-01-6 & KCU-01-5 H:\&\site\I-01_e-dw9 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 �.,. ARLEff 0. PETITION FOR ZONING AMENDMENT SEP 112001 CITY OF KALISPELL Jim Purdy, Agent for 1. NAME OF APPLICANT: Whitefish Stage Development, LLC 2. MAIL ADDRESS: 236 Wisconsin Avenue 3. CITY/STATE/ZIP: Whitefish, MT 59937 PHONE: 862-2311 4. INTEREST IN PROPERTY: Owner 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? N/A IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: Pending / Whitefish Stage Road B. Legal Description: See Attached (Lot and Block of Subdivision; Tract #) Tract 1, CS 14771 (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: R-5 - Evergreen D. The proposed zoning of the above property is: RA-1 - Kalispell E. State the changed or changing conditions that make the proposed amendment necessary: Annexation to Citv of Kalispell Compatible with adjacent property south 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan The project is consistent with the Master Plan call for Urban Residential Development once Utility Services are available. Density consistant with Urban Residential at 8 units per acre B. Lessening congestion in the streets and providing safe access The Scope of the Project anticipates a single Whitefish Stage acess turning lane. Alternate access will be Granrude Lane. C. Promoting safety from fire, panic and other dangers The project site will consist of two entry points and a loop road which will provide access to all parts of the buildings. The Club House will have a full sprinkler system and state-of-the-art fire alarm. D. Promoting the public interest, health, comfort, convenience, safety and general welfare All units will have fire and security alarms. General welfare is improved by fill-in development. Adequate fire, police and health services already exist. E. Preventing the overcrowding of land The proposed density is reasonable 304 dwelling units are set in an attractive community setting. Residential sprall is prevented elsewhere. F. Avoiding undue concentration of population Density of 8 units per acre is not excessive. Development promotes efficient use of land. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities Tax base will increase by in excess of 50 million dollars on total build out. Adequate utility services will be constructed. H. Giving reasonable consideration to the character of the district The district is a residential growth area proposed zoning is consistant with adjacent property to south and the Master Plan 2 I. Giving consideration to the peculiar suitability of the property for particular uses The proposed zoning allows for efficient residential use of the last remaining undeveloped tract of residential neighborhood. J. Protecting and conserving the value of buildings The proposed condominium project has a quality of architecture and construction that equals or exceeds the adjacent properties. K. Encouraging the most appropriate use of land by assuring orderly growth The project will be constructed in phases and at a reasonable density that allows efficient use of the land and paces market conditions The sigrhRgc this applical on the pro x for routine (Applicant) signifies approval for Tri-City Planning staff to be present �Ntoring and inspection during approval process. (Date) See attached Buy - Sell Agreement indicating owner of record concent to support zoning and subdivision applications. 3 -AGE �_ OF -_ DATED � an3101 Wrmo ADDENDUM To No. Mi In reference to the O Purchase Agreement, O Exchange Agreement O Lease. O Counter Offer — covering the @ real property, O business opportunity, O promises — commonly known as NHN Whitefish Stage Road Kdispe0 gated SO 01 , between Jobe and Pardy and/or assbms (buyers), and-icm*l=bom - V1,11gle. &p Lhc (wows). the undersigned Parties hereby agree as follows: This offer is subied to The klWwint an"amx• The buyers shall base 90 days to pursue ending eksuyes required for the buyers ddlred as States hereby agree in weperak (rt as expense to sellers) with btyem and city and eodety Ontekb in coy and all efibrla oecasary for bayers to obtain their dmhvd anaiu0. Hbuyers are not able W Okuda the ending dMiledurieg the WNW contingency perlod, duet buyer shall give written nodee dsach mad recant arnest monies to be returned in" ff buyers are usable to obtain tinging ebmnges within the Wiflal eontWaedcy period but wish to continue to pursue such chaeee% than as she" be granted an extemim period of 30 dap iscrsmeos, ant to asettd two estenslens. For such extentims, bayas shag my Mile, am per mouth paid monthly rq}rdlm cf whether buyer ttdmsMy mmammsta such &mstCdM Sash payment for ettemlom shall redo" the orindod Is the event that bryen close on the sublect mooerty. In the asset baser Is tamed time for their laird soaing ebaaae, then MO area[ moth shag be retaadable daring hdNd rnndoganey paint or any entangles, tkaaL Seller, at sellers Comm she" provide the buyers broker a survey, and clearly ldenafy the property boundaries, wthin 30 days of an accented offer. Buyers shall approve etsuch boundaries wimW 3 days of such survey being providedAtv unacceptable anditin of such bo®darks shin be gives in writing W the freers ages Usdlers ate arable W remedy such codki n than this offer shall be in iaced and all earnest mo sin shaft be returned to me buyer The reement, u its execution by both parties, is herewith made an integral part of the aforementioned Sale. "'TIME: Ir\ DATED: TIME: _ Buyer Seller BuyerSeller Licensee Witness Licenses 4�.yeM xeanw apnaanaa+aaaN64T0ea }y, 3Or0 a�rooww PETITION NO.: PETITION TO ANNEX AND NOTICE OF WITHDRAWL 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 7-2-4601, 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 form the Ev Q &)<Z rw% 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 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 Petitioners) to connect and receive the utilities from the City of Kalispell. The City also hereby agrees to support the annexation of this property to the Village County Sewer District. PETITIONER / 0 BY Z Y /-/ /,: i George E. Sc ultz, President DATE Village Plaza, Inc., Owner CITY OF KALISPELL BY Chris A. Kukulski, Manager DATE Legal Description: Exhibit A, Attached STATE OF MONTANA ) SS County of Flathead ) On *this. day of 5 / f 1 , 2001, before me, the undersigned, a Notary Public for the State of Montana, personally appeared GEORGE E. SCHULTZ, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. iN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Publc, S e of Montana Residing at l_ 15A My Commission expires Y J 7 STATE OF MONTANA ) SS County of Flathead On this _ day of , 2001, before me, the undersigned. a Notary Public for the State of Montana. personally appeared CHRIS A. KUKULSKI, known to me to be the Manager of the City of Kalispell whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public. State of Montana Residing at My Commission expires Village Country Sewer District 157 N. Meridian Kalispell, MT 59901 September 10, 2001 George Schulze 1377 Whitefish Stage Kalispell, MT 59901 Dear George: Village County Sewer District agrees to the annexation of the 40-acre tract legally described as: A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M., M., FLATHEAD COUNTY, MONTANA, into the District. The District further agrees to provide sewer services to the area. However, this is contingent upon review of the impact and engineering studies on the impact of the proposed development on the system and any necessary upgrades to the system. All costs associated with engineering/impact studies, as well as, the cost to upgrade the system to facilitate the additional requirements created by the proposed development, will be the responsibility of the owner/developer. All costs of physically connecting to the District sewer mains shall be the responsibility of the owner/developer. All fees shall be paid in full prior to the actual connection. S' cerely, David J. Dittman Board Chairman DJD/km