5C. Resolution 4206 - AnnexationA RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, SOUTH
WOODLAND/GREENACRES, AN AREA CONTAINING APPROXIMATELY 308 ACRES AND
LOCATED SOUTHEAST OF KALISPELL, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED HERETO AND FOR PURPOSES OF THIS RESOLUTION
MADE A PART HEREOF, TO BE KNOWN AS SOUTH WOODLAND /GREENACRES
ANNEXATION NO. 278; AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has initiated proceedings to
annex property described as South Woodland/Greenacres, located in
the southeast area of Kalispell, Flathead County, Montana,
requesting that the City of Kalispell annex the territory into the
City, and
WHEREAS, the Flathead Regional Development Office has made a
report on South Woodland/Greenacres Annexation and Zoning Request,
#KA-96-06, dated November 6, 1996, and
WHEREAS, on the 14th day of November, 1995, the City Council
of the City of Kalispell adopted, pursuant to Section 7-2-4610,
MCA, an Extension of Services Plan which anticipates development of
City services for approximately five years in the future, and
WHEREAS, the City has caused to be developed a "mini -extension
of services plan", attached hereto as Exhibit "C" and thereby made
a part hereof, for the territory by this Resolution annexed to the
City of Kalispell, and
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of South Woodland/ Greenac re s Annexation
No. 238, including water, sewer, storm drainage, streets, garbage
collection, police protection and fire protection, and
WHEREAS, said "mini -extension of services plan" provides for
financing the extension of municipal services or maintenance of
existing services by utilizing fu llocated and expended,
,
pursuant to the annual City budget,
veloper or property owner
I
contributions in the form of SIDIs p marily for the extension of
sewer, water or storm sewer utilities.
j\wp\res43.wpd 1
WHEREAS, South Woodland/Greenacres 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 43 Montana Code
Annotated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION-1 That South Woodland/Greenacres, described in
Exhibit A, shall be annexed to the City of
Kalispell and the boundary of said City is
altered to so provide, and shall be known as
South Woodland/Greenacres Annexation No. 2-U..
SECTION-11 Upon the effective date of this Resolution,
the City Clerk of Council 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 �..fepared by the City Clerk of
Council, 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, 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.
This Resolution
immediately upon
Council.
j\wp\res43.wpd 2
shall become effective
its passage by the City
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY
OF KALISPELL, THIS DAY OF NOVEMBER, 1996.
Douglas D..Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
j\wp\res43.wpd 3
r
Beginning at the existing city limits paint described as the existing East R/W line of U. S. Highway 93 intersection with the East-West
1,14 section line of Section 20, T28N, R21 W being the true point of beginning;
Thence Southeasterly along the East R/W line of U. S. Highway 93 approximately 680 feet to the Southwest Comer of Tract
7A;
Thence Easterly approximately 795 feet along the South line of Tracts 7A & 7L to the Southeast comer of Tract 7L,
Thence Northerly along the West line of the Northeast quarter of the Southeast quarter of said Section 20 approximately
250 feet to the Southwest corner of Meadow Park No. 2 Subdivision;
Thence Easterly along the South line of said Meadow Park No. 2 Subdivision a distance of 759.66 feet to the Southeast
corner of said Subdivision;
Thence Northerly along the East line of Lots 10 & i I NOo08'21 "W a distance of 165.62 feet to a point;
Thence Easterly S89o2l'11 "E along the South line of said Subdivision a distance of 525.80 feet to the West R/W line of
Willow Glen Drive being the Southeast comer of Lot 15 of said Subdivision;
Thence Northerly along the West R/W line of Willow Glen Drive approximately 160 feet to the North R/W line of Russell
Drive;
Thence Easterly along the South line of Tract 4C (Section 16, T28N, R2I W) approximately 1356 feet to the Southeast
corner of Tract 4C;
Thence Northerly approximately 745 feet along the Fast lines of Tracts 4C and 4AA to the Northeast corner of Tract 4AA;
Thence Westerly approximately 750 feet along the South lines of Tracts 4A and 4 to the Southwest comer of Tract 4;
Thence Northerly along the West line of Tract 4 approximately 580 feet to the Northwest corner of Tract 4;
Thence Westerly along the North line of Tract 4C approximately 602 feet to the West R/W line of Willow Glen Drive
(Section 20, T28N, R21 W);
Thence Northerly along the West R/W line of Willow Glen Drive approximately 3055 feet to the Northeast corner of Tract
6EAAA in Section 17, T28N R21 W (first tract North of Woodland Drive;
Thence Southwesterly along the North lines of Tracts 6EAAA, 6EAA and 6E approximately 345 feet to the common corner
of Tracts 6E, 6DA, 6DAA, & 6EA;
Thence Northerly approximately 292 feet along the East line of Tract 6DAA & West line of Tract 6F to the Northwest
corner of Tract 6F;
Thence Southwesterly approximately 405 feet along the South line of Tract 3BA to the Southwest comer of Tract 3BA;
Thence Northwesterly approximately 456 feet along the Northerly lines of Tracts 61313, 3A & 3AA to the present city limits
line at the Northwest corner of Tract 3AA;
Thence continuing along the existing city limits line Southwesterly approximately 334 feet to the North R/W line of
Woodland Avenue;
Thence Northwesterly approximately 745 feet along and to the existing city limits as they cross Woodland Avenue;
Thence Southwesterly approximately 60 feet to the Southerly R/W line of Woodland Avenue;
Thence Southeasterly approximately 1425 feet along said South R/W line to the Northeast corner of Lot 12 of the LeDuc
Addition to Kalispell;
Thence Southerly approximately 315 feet along the East line of said Lot 12 and Lot 3 of the French Subdivision to the
Southeast comer of Lot 3;
Thence Easterly approximately 145 feet along the North line of Lot 4 to the Northeast corner of said Lot 4;
Thence Southerly along the Easterly line of said French Subdivision approximately 343 feet and continuing Southerly
approximately 475 feet along the Easterly line of Lots 29, 28, and 27 of the Greenacres Original Map;
Thence Westerly approximately 708 feet along the South line of said Lot 27 and projection across South Woodland to the
West R/W line of South Woodland;
Thence Northerly along said West R/W line approximately 400 feet to a point being the existing city limits line;
Thence Westerly approximately 482 feet to the common lot line of Lots 1 & 2 of Block 3 of the Greenacres Northwest
Subdivision;
Thence Northerly approximately 125 feet along said common lot line to the Northwest comer of said Lot 2;
Thence Easterly approximately 74 feet along the North line of said Lot 2 to the Southwest corner of Lot 7 of the Greendale
Subdivision;
Thence Northerly approximately 503 feet along the West line of Lots 7, 6 & I of said Greendale Subdivision to a point on
the North line of Lot i being the E-W 1/16 Section line of S 17, T28N, R21 W;
Thence Westerly along said 1/16 line 220 feet to the Northeast comer of Lot 1, Block 2 of the Greenacres Northwest
Subdivision;
Thence Westerly along the North line of said Lot 1 approximately 34 feet to the Southeast comer of Tracts 5-8A;
Thence Northwesterly approximately 400 feet along the West line of l7ract 6 (Dry Bridge City Parkland) to the South R/W
line of 14th Street East;
Thence Southwesterly approximately 116 feet along said South R/W line to the Northeast comer of Tracts 5.9;
Thence Southeasterly approximately 204 feet, and Southwesterly approximately 85 feet around the East and South sides
of Tracts 5-9 and 5-9A to the East R/W line of 8th Avenue East;
Thence Northerly approximately 202 feet along said East R/W line to the South R/W of 14th Street East;
Thence Westerly approximately 348 feet along said South R/W line to the N-S 1/4 section line of Section 17, 129N R2 i W;
Thence Southerly approximately 218 feet along said N-S 1/4 section line of said Section 17 to the 1/16 E-W section line;
Thence Westerly approximately 430 feet along said E-W 1/16 line to a point approximately 175' East of the East R/W line
of 5th Avenue East;
Thence paralleling said East R/W line (at 175 feet Easterly) in a Southeasterly direction approximately 2100 feet to the
North projected line of Tract 8M;
Thence Westerly approximately 350 feet along the North line of Tracts 8M & 8F to a point being the SW corner of Tract
8JA;
Thence Northerly approximately 225 feet along the East lines of Tracts 8 & 8JC to a point being the NE comer of Tract
8JC:
Thence Westerly approximately 370 feet along the south line of Lot 3 of the Walker Subdivision to the East R/W line of
3rd Avenue East;
Thence Southeasterly along said East R/W line approximately 600 feet to the Northwest comer of Tract 8CBA;
Thence Easterly approximately 473 feet along the North line of Tracts 8CBA & 8CBAA to the NE corner of 8CBAA;
Thence Southerly approximately 105 feet along the East line of 8CBAA to the SE comer of 8CBAA;
Thence Westerly, Northerly and Westerly approximately 475 feet along the South line of Tracts 8CBAA & 8CBA to the
East R/W line of 3rd Avenue East;
Thence Southeasterly along said East R/W line approximately 137 feet to the Northwest corner of Tract 2AAK;
Thence Easterly approximately 552 feet alon„ the North line of Tracts 2AAK and 2AA to the NE comer of Tract 2AA;
Thence Northerly along the West line of Tract 70A approximately 158 feet to the Northwest corner of Tract 70A;
Thence Easterly along the North line of Tracts 70A, 70AA, 70F, 70E and Miller's One Subdivision approximately 1102
feet to the Northeast corner of said Miller's One Subdivision;
Thence Southerly along the West line of Tract 70K approximately 103 feet to the Southwest comer of said Tract 7OK;
Thence Easterly along the South line of said Tract 70K approximately 103 feet to the Northwest comer of Lot 1, Southgate
Unit # 1 Subdivision;
Thence Southerly along the West line of said Lot I approximately 25 feet to the Northeast comer of Tract 70GE;
Thence Westerly along the North line of Tract 70GE approximately 265 feet to the Northwest comer of said Tract 70GE;
Thence Southerly along the West line of said Tract 70GE approximately 339 feet to the North R/W line of Kelly Road;
Thence Westerly along the said R/W line of Kelly Road approximately 158 feet to a point on said North R/W line which
is the Northerly protraction of the Westerly line of Tract 70J; Thence Southerly along the Westerly line of said Tract 701
approximately 878 feet to the Southwest comer of said Tract 70J;
Thence Westerly along the South line of Tract 70D approximately 80 feet to the Southeast corner of Tract 7EDA;
Thence Northerly along the East line of said Tract 7EDA approximately 223 feet to the Northeast corner of said Tract
7EDA;
Thence Northwesterly along the South line of Tract 70D approximately 371 feet to the Northeast corner of Tract 7MAA;
Thence continuing Westerly along said South line ofTract 70D approximately 12 feet to the Southeast comer of Tract 70C;
Thence Northerly along the East line and protracted East line of said Tract 70C approximately 558 feet to a point on the
Northerly R/W line of Kelly Road;
Thence Westerly along said R/W line approximately 341 feet to the Southeast corner of Tract 2AA;
Thence Southwesterly approximately 387 along said North R/W line to the East R/W line of U.S. 93;
Thence Southeasterly along said East R/W line approximately 930 feet to the East-West 1/4 section line of Section 20,
T28N, R21 W, previously described as the true point of beginning.
2
723 s 'f#l: 414
Phone: (406) 758-5980
Fax: (406) 758-5781
November 20, 1996
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: South Woodland / Greenacres Annexation and Initial Zoning
Dear Clarence:
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their regular
meeting of November 14,1996, at 7:00 p.m. in Kalispell City Council Chambers on the following agenda
item:
Appropriate zoning designations for South Woodland / Greenacres area proposed for
annexation. This area contains approximately 308 acres and is generally located in southeast
Kalispell. Exhibit A indicates the proposed annexation boundaries and recommended zoning.
A perimeter description of the area proposed for annexation is included. As proposed, R 2
zoning, single-family residential, would include those properties located in the Greenacres
Northwest Subdivision; Greenacres Units One, Two and Three; Greenacres, Block One; Ergasia
.Corner Subdivision and adjoining tract lands, generally. As proposed, R-3 zoning, single family
residential, would include those properties located in Greenacres Unit Four, Meadow Park
Subdivision; Meadow Park Unit No. 2 and adjoining tract lands, generally. As proposed, B-2
zoning, a general business district, would generally include those properties along Highway 93
South, generally. Light industrial zoning is proposed for those properties south of Kelly Road.
The County park is proposed to be zoned P-1, Public.
A staff report was presented by Narda Wilson of the Flathead Regional Development Office, who
evaluated the proposal based upon the statutory criteria and recommended zoning as shown on attached
Exhibit B.
Three people spoke at the public hearing and a letter from Jim and Sandie Vashro and Ben and Anne
Taylor was submitted by Commissioner Kennedy. Dennis Dortch, president of the Greenacres
Homeowners Association, suggested the homeowners park be designated as public. Sally Delby
requested R-1 zoning on her property and other properties near hers because they have livestock and R-
1 allows livestock. Bob Meerkatz expressed concerns about increased property taxes upon annexation.
The board members discussed the zoning and proposed changes. They agreed that the changes
proposed by Mr. Dortch and Ms. Delby seemed reasonable. A motion was made to adopt FRDO
Report #KA-96-06 as findings of fact, and recommend that the properties proposed for annexation be
zoned shown on the Revised Exhibit B. The motion carried unanimously.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Clarence Krepps
Re: South Woodland / Greenacres Annexation and Initial Zoning
November 20, 1996
Page Two
This recommendation is forwarded to City Council for the November 25, 1996 City Council work
session and subsequent December 2, 1996 regular meeting. Please contact this Commission or Narda
d%rdson at the Flathead Regional Development Office if you have any questions regarding this matter.
Respectfully submitted,
KAUSPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
4 V W-, — ht,�A—
Therese Fox Hash
President
TFH/NW/
Attachments: Revised Exhibit B - Zoning Recommended by Planning Board
FRDO Report #KA-96-06
Exhibit A - Extension of Services Plan
Exhibit B - Proposed Zoning
Exhibit C - Legal Description
Application Materials
Draft Minutes from the 11/14/96 Planning Board meeting
H: \... \ KAL\ 1996 \ KA96-6.TRM
ANNEXATION.O • + .
FLATHEAD REGIONAL DEVELOPMENT OFFICE
1996
The City of Kalispell has initiated annexation proceedings for a portion of southeast Kalispell.
A public hearing has been scheduled before the Kalispell City -County Planning Board and
Zoning Commission for November 14, 1996, beginning at 7:00 PM, to consider appropriate
zoning for the area proposed to be annexed. The Planning Board and Zoning Commission will
forward a recommendation for appropriate zoning to the Kalispell City Council for
consideration.
F. TT WqW-,T*Wj1 I i o ij•
The City of Kalispell has initiated the annexation of approximately 308 acres of residential,
commercial and industrial property located in southeast Kalispell under Section 7-2-4300,
M.C.A., Annexation of Contiguous Lands. On September 23, 1996, the Kalispell City Council
passed Resolution 4294, a resolution of intent to annex. A public hearing date of November 14,
1996 before the planning board was also set so that the board might consider appropriate zoning
for the area.
Annexation proceedings were initiated in response to the number of residents continuing to
require City water and/or sewer services to the area. Additionally, a significant portion of the
area has been receiving water and/or sewer or both for some time which, in effect, they have
waived their ability to protest annexation. Other reasons for initiating the annexation have to
do with storm water runoff problems, high groundwater problems in some areas and surface
drainage problems in others, or a combination of both. It is the desire of the City and some
residents that City can offer some technical assistance is addressing the drainage problems in the
area.
A. Petitioner and Owners: City of Kalispell
213 First Avenue East
P.O. Box 1997
Kalispell, MT 59901
(406)758-7700
B. Location and Legal Description of Property:
The property proposed for annexation is located in the southeast part of Kalispell and
contains approximately 308 acres. A property description is attached as Exhibit C.
1
C. Existing zoning:
County zoning in the area falls into three basic categories: residential, commercial and
industrial. The zoning is broken down as follows:
Residential: Areas which have residential zoning designations generally lie east of
Highway 93 and west of Willow Glen Drive. Residential zoning includes the R-2
district, a single-family with a 20,000 square foot lot size generally in the Greenacres
Subdivision, Units One, Two and Three; R-3 zoning, a single family district with a
10,000 square foot lot size exists on an approximate 30 acre parcel east of Willow Glen
Drive and proposed for residential development; R-4 zoning, a two family residential
zoning district with a 6,000 square foot minimum lot size requirement exists in and
around the Greenacres Northwest Subdivision. R-5 zoning, a two family residential
zoning district with a 5,400 square foot minimum lot size exists south of Kelly Road and
west of Willow Glen Drive and in a mobile home park north of Kelly Road. Residential
properties comprise approximately 65 to 70 percent of the property in the area proposed
for annexation.
Commercial: Areas along Highway 93 are generally a mix of commercial and some light
industrial. Commercial zoning is B-2, a general commercial zoning which allows a wide
variety of commercial, retail and personal services. The minimum lot size requirement
for the B-2 zoning district is 7,500 square feet. Commercial properties comprise
approximately 20 percent of the area proposed for annexation.
Industrial: Areas along Highway 93 which are not zoned B-2 are zoned light industrial,
1-1. Light industrial zoning districts allow light manufacturing, distribution, warehousing
and assembly. Industrial properties comprise approximately 10 to 15 percent of the area
proposed for annexation.
Note: State annexation statutes, Section 7-2-4302, Restrictions on Annexation Power, states
that land used for industrial or manufacturing purposes shall not be included in the area to be
annexed without the consent in writing of the owners of such land. Industrial areas indicated
on the map for annexation are receiving City services or have consented to annexation.
Industrial areas indicated on the map to be excluded from the annexation area are not receiving
City services and have not consented to annexation. If and when City water or sewer are
provided to those properties, they would then be annexed.
D. Proposed Zoning:
City zoning is intended to be replaced with the current County zoning in the area
proposed for annexation. Again, three basic categories are proposed for the area:
residential, commercial and industrial, along with a fourth category for the parkland,
P-1, Public. The proposed zoning is as follows and as shown on Exhibit B. Proposed
2
zoning is based on the neighborhood plan for the area which is currently in the final
stages of adoption.
Residential: The neighborhood plan for the area designates the residential areas for
single family residential. Therefore, areas which were previously zoned for duplex and
other uses have been proposed for single family residential. Greenacres Subdivision,
Units One, Two and Three, as well as the Greenacres Northwest Subdivision and
Greenacres Original area proposed for R-2 zoning, a single family residential zoning
district with a 9,600 square foot minimum lot size requirements. The residential areas
south of Kelly Road and east of Willow Glen Drive have been proposed for R-3 zoning,
a single family residential zoning district with a 7,000 square foot minimum lot size
requirement. Existing two family and multi -family developments have been proposed to
be zoned RA-1, a low density residential apartment district.
Commercial: Areas along Highway 93 are proposed to be zoned B-2, a general
commercial district that is similar to the County B-2 zoning district with the exception
that it may allow a broader range of uses. The minimum lot size requirement for the B-2
district is 7,000 square feet.
Industrial: Areas along Highway 93 which were previously zoned I-1 are proposed for
I-1, light industrial zoning with the exception of one property north of Kelly Road which
is proposed for B-2, general commercial, which is currently vacant.
Public: The County park is designated P-1, Public.
E. Size: The area proposed for annexation and zoning contains approximately 308 acres.
F. Existing Land Use: The land use in the area is a mix of single family residential,
commercial and industrial.
G. Adjacent Land Uses and Zoning:
North: North of the area proposed for annexation is the city limits with most of these
properties zoned for single family residential or two family residential, R-3 or R-4.
South: To the south the area is also primarily single family residential and there are two
are three manufactured home parks in the area. Zoning to the south is primarily R-5,
two family residential, and some commercial and industrial zoning, B-2 or I-l.
East: Land uses further to the east are primarily single family residential and larger
parcel primarily with R-1, single family residential zoning.
West: Highway 93 South creates the western boundary of the area proposed for
annexation. Most of the properties along the highway are zoned for commercial
3
purposes with either a City B-2 or City I-1 zoning. The Kalispell Airport lies further to
the west.
H. General Land Use Character:
The area is on the urban fringes of the city of Kalispell in the southeast area. The
general character of the area is primarily single family residential with some commercial
activities.
AVAILABILITY OF PUBLIC SERVICES
Public services can be provided to this site. A separately prepared "Extension of Services Plan"
discusses the provision of public services to this property and is attached to this report as Exhibit
A.
I. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Pacific Power
Telephone:
PTI service area
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings
of fact for the zone change request are discussed relative to the itemized criteria described by
76-2-203, M.C.A.
Does the requested zone comply with the Master Plan?
The property is included in the Kalispell City -County Master Plan as well as the South
Woodland / Greenacres Neighborhood Plan which is in the final stages of approval. The
neighborhood plan designates the residential areas as single family residential with the
exception of some small pockets of property developed with townhouses or apartments
which are designated high density residential.
Residential areas have been designated as R-2 or R-3, both single family residential
districts with the exception of the multi -family areas which have been proposed for RA-1,
Low Density Residential Apartment.
Cl
Commercial and industrial properties which are designated as such on the neighborhood
plan have been proposed for B-2, general commercial, or I-1, light industrial, in
accordance with the plan.
The proposed zoning designations are in compliance with the master plan for the area.
2. Is the requested zone designed to lessen congestion in the streets?
Some change may be anticipated with the change in zoning to less congestion in the street
specifically with regard to future residential development because some of the residential
densities have been decreased in the proposed zoning.
3. Will the requested zone secure safety from fire, panic, and other dangers?
No features on the property exist which would compromise the safety of the public. Any
new construction would be required to be in compliance with the building safety codes
of the City which relate to fire and building safety. Adequate access is available to
accommodate emergency and life safety equipment.
4. Will the requested zone promote the health and general welfare?
The proposed zoning classifications will promote the health and general welfare by
helping to promote the goals of the neighborhood plan, reducing potential residential
.« traffic volumes as it relates to future development and separates non -compatible uses.
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?
The, proposed zoning designations attempt to limit development to single family
residential area and not to, increase the amount of commercial and industrial properties
already in existence. Thus, the proposed zoning attempts to prevent the overcrowding
of land.
7. Will the requested zone avoid undue concentration of people?
Minimum lot standards and use standards, as well as subdivision development standards,
will avoid the undue concentration of people at the time future properties are developed.
5
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. The extension of specific services to the area are further addressed under the
Extension of Services Plan, Exhibit A.
9. Does the requested zone izive consideration to the particular suitability of the property
for particular uses?
The proposed zoning district is consistent with the goals of the neighborhood plan which
was recently drafted and is in the final stages of approval. An evaluation of land uses
in the area was considered as part of the drafting of the plan. The zoning gives adequate
consideration to the suitability of the land proposed for zoning.
10. Does the requested zone give reasonable consideration to the character of the district?
The general character of the area is primarily single family residential with a mix of
commercial and industrial uses along Highway 93. The proposed zoning has attempted
to create a separation of incompatible uses, retain a low -density single family residential
character and separate them from the more intensive commercial and industrial uses.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the proposed zoning attempts
to accommodate existing uses while carrying out the goals of the neighborhood plan and
master plan.
12, Will the requested zone encourage the most appropriate use of the land throughout the
munici aliV?
The proposed zoning is in general compliance with the neighborhood plan and master
plan which reflect the goals for the entire municipality as well as the immediate
community.
SUMMARY AND DISCUSSION
The proposed zoning for the South Woodland / Greenacres area attempts to zone the area in
compliance with the newly drafted neighborhood plan. A somewhat detailed extension of
services plan accompanies this report which outlines which specific services will be provided by
the City and how the financing of those services is proposed.
G
It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt
Staff Report #KA-96-6 as findings of fact and for -ward a recommendation to City Council to
adopt the zoning as proposed in Exhibit B upon annexation into the City of Kalispell.
H:\REPORTS\ ... \KA96-06.RPT
VA
EXHIBIT "An
EXTENSIONDRAYr
SERVICES ' PLAN
1 i s 1, . !� C!�►`�s��L•�'t�`�s'15IIllC�� s�:91b1
The South Woodland / Greenacres area considered for annexation lies in the southeast area of
Kalispell. This area is bounded on the east by Willow Glen Drive, but includes an
approximately 30 acre parcel east of Willow Glen Drive which is planned for an urban density
residential development. Meadow Park Unit No. 2 and properties adjoining to the west
generally form the southern boundary, Highway 93 to Kelly Road; then those properties east of
the City limits and Fifth Avenue East form the western boundary. Fourteenth Street/South
Woodland Avenue form the northern boundary.
Exhibit A is a map which shows the proposed annexation boundaries and proposed City zoning.
On September 23, 1996 the Kalispell City Council passed Resolution 4294, a Resolution of
Intent to Annex Greenacres and South Woodland. This report is intended to address services
which would be provided to this annexation area or a smaller area within this area as required
under Section 7-2-4305, M.C.A. This report is prepared as an addendum to the City of
Kalispell Extension of Services Plan.
►fil�tii7.'��1
The area being considered for annexation contains approximately 308 acres which is a mix of
residential, commercial and industrial uses. This area is on the urban fringe of Kalispell and
can be viewed as a transition area to the more rural, large tract residential and agricultural uses
to the east. The majority of the properties, approximately 65 to 70 percent, have been
developed residentially, primarily single-family residences with some multi -family, duplex and
townhouses in the area. Commercial land is located along Highway 93 and contains
approximately 20 percent of the area, with the remaining 15 percent or so designated as
industrial. Commercial / industrial zoning depth from the highway right-of-way is generally
300-400 feet with residential zoning in back of the commercial strip.
Extension of municipal sewer and water facilities without annexation has taken place in the area
over the years in response to residential and commercial growth in the area.
!' •
As stated in Resolution 4294, the resolution of intent to annex a portion of the South Woodland
Greenacres area, the annexation will be pursued under the provisions of Title 7, Chapter 2,
Part 43, Montana Code Annotated, Annexation of Contiguous Land. This Part outlines specific
procedures for annexation which includes, among other things, an extension of services plan
outlining the provisions for services to the area.
EXISTING SERVICES
Roads: Roads within the area proposed for annexation are a mix of those which are owned and
maintained by the State, County and those which are privately owned and maintained. County
roads with the exception of the roads south of Kelly Road in the Greenacres Unit Four
Subdivision are maintained by the County. Highway 93 is owned by the federal government,
but maintained by the state. Mallard Drive is a private roadway and is privately maintained.
Eagle Drive, South Woodland Drive and Condor Drive south of Kelly Road have received little
or no maintenance by the County.
Water Service: The neighborhood plan area is served by a combination of a community water
system, the City of Kalispell's water system and private wells. Greenacres Units One, Two,
Three and Four are all served by a privately owned and maintained community water system.
The community water system is served by three well sites; one located on the northwest corner
of Eagle Drive and South Woodland Drive, another located at the northeast corner of Green
Acres Unit One and one located at the park on the southwest comer of Stag Lane.
The City of Kalispell provides water service to a number of users in the area. A one to two
inch water line runs down Eighth Avenue East which was put in place approximately 40 years
ago and provides service to approximately 20 residents in the area. The city also has a small
water line which runs along Woodland Drive and to the south, providing service to some
residents outside the city limits. A 12 inch water main runs south of Woodland Avenue along
South Woodland Drive, providing service to residents inside the city limits. City water service
has also been extended to serve Meadow Park Subdivision and Meadow Park Unit No. 2 with
a provision that the current and future property owners waive the right to protest annexation into
the city.
Sewer Service: Sewer service in the plan area is provided by a combination of on -site septic
systems and the City of Kalispell's sewer system. City sewer mains run along Kelly Road and
South Woodland Drive. City sewer also serves subdivisions to the north and south of Kelly
Road. The City of Kalispell extended sewer service to a portion of Greenacres Units Three and
all of Greenacres Unit Four in the early 1980's under an Extension of Services Agreement with
Mark III, the developer of the Greenacres subdivisions. Additionally, the City has provided
sewer services to Meadow Park Subdivision and Meadow Park Unit No. 2 with a waiver to
protest annexation.
2
Storm Drainage: There are no storm drains in the neighborhood plan area. Drainage plans for
the area were developed as part of the initial approval for the Greenacres West subdivisions and
subsequent Southgate subdivisions. Drainage was supposed to be provided by a series of
drainage ditches and culverts which ultimately would discharge into the slough after being
filtered with grasses and sand. Over the years, culverts have been filled or crushed and ditches
have been filled leaving the drainage system in poor shape.
Fire: The South Kalispell Fire District provides service to County residents by way of tanker
pumpers owned by the fire district. One of the greatest concerns the residents of the area have
about being annexed is losing service from the district as well as the impact the loss of tax
dollars would have on the fire district.
Police: The area is served by the Flathead County Sheriff's Office and have a mutual aid
agreement with the City of Kalispell for emergency back-up. Little or no routine patrolling from
the sheriff's office. Animal control services are also provided by the County, although this is
on a limited basis.
Schools: School District #5, Kalispell, provides educational service to the South Woodland
Greenacres Neighborhood. Elrod Elementary school serves most of the area. Some children
attend Cornelius Hedges Elementary but these boundaries are not dictated by local jurisdictional
boundaries. The school district offers optional bus service for a _fee because this area is within
their three mile bussing limit. These schools are at capacity.
Parks and Recreation: There is a County park located at the west end of Haven Court in
Greenacres Unit Two. The County park is actually comprised of two lots, one park in Unit Two
which contains approximately 1.54 acres and the other park in Unit One which contains 1.01
acres. The County park currently lacks any substantial amenities and warrants some
improvements.
Solid Waste: Solid waste pick-up and disposal services are provided by a private hauler or by
owner hauler to the County landfill or County greenboxes.
3
Fu4blaSM&I
Roads: Roads within the area proposed for annexation are currently a mix of those which are
owned and maintained by the State, County and those which are privately owned and
maintained. The County would continue to maintain Willow Glen Drive and the State would
continue to maintain Highway 93.
Other roads in the proposed annexed area would be taken over and maintained by the City of
Kalispell. In general, the streets built within the proposed annexation area prior to 1990 were
not constructed to current City or County standards, with the greatest deficiency existing in the
lack of adequate sub -base material resulting in many of the roadway being prone to excessive
frost heaving. Numerous utility cuts in the area have exacerbated the problems and have
resulted in marginal driving surfaces in several areas, particularly along Kelly Road. Streets
constructed after 1990, primarily those in Meadow Park Subdivision and Meadow Park Unit No.
2, were built to a City standards and are expected to have a much longer service life than others.
South Woodland Drive and Kelly Road, which function as area collector streets, are relatively
narrow for the increasing traffic demands and should be considered for full reconstruction and
widening. Streets within the annexation area should be included in the City's short-term overlay
plans, with a goal to overlay all streets within ten years. Kelly Road would be scheduled for
reconstruction within the next five years, with the actual schedule dependent upon growth in the
South Woodland / Greenacres area and other city-wide demands. Reconstruction of the
roadways would be financed through general fund revenues and gas tax as part of the over all
roads reconstruction priority list and schedule.
In all cases, streets which do not have curbs and gutters should continue as such. Curbs and
gutters would concentrate storm water, increasing the rate of delivery and the total volume of
runoff to the slough south of Kelly Road. A system of open ditches would reduce the peak flow
into the slough and provide beneficial filtration through grassy swales and ditches.
General maintenance of the streets within the annexation area would be immediately taken over
by the City which would include pothole repair, snow removal and street cleaning.
In addition to the general maintenance and upgrades anticipated to be provided by the City of
Kalispell, the Montana Department of Transportation plan to reconstruct Highway 93. The City
will continue its work with the State to facilitate the most practical and safe intersection with
Kelly Road and Highway 93, and pursue the possibility of placing a signalized intersection at
this corner.
A four way stop will be created at the intersection of South Woodland Drive and Kelly Road
provided this intersection can meet the warrants for a stop sign under the Manual of Uniform
Traffic Control Devices (MUTCD). Routine patrolling of this area will be provided to
encourage compliance with the speed limits and traffic stops.
4
Water Service: The neighborhood plan area is currently served by a combination of a
community water system, the City of Kalispell's water system and private wells. Areas
proposed to be annexed along Woodland Avenue and the area between Dry Bridge Park and the
current City limits are presently served by the Kalispell water system. Water mains in
Woodland Avenue and 8th Avenue East would be upgraded over the next five years to increase
line capacity, provide adequate fire flows and eliminate leaking pipes. Those improvements
would be made by the City of Kalispell Public Works Department as part of their continuing
program of system improvements.
Based upon the current understanding of the Greenacres community water system, the existing
network of six inch water mains is in reasonable condition and generally sufficient to provide
fire flows to the area if connected to a more substantial water supply source generating greater
pressure within the lines. There are three wells providing water to the community systems
which produce a relatively low rate of flow and would not be able to be integrated as a useful
component of the Kalispell water system.
Efforts would be made to incorporate the Greenacres community water system into the Kalispell
water system upon annexation. This could be accomplished in the summer of 1997 with a series
of interconnections along South Woodland Drive. These connections have been anticipated in
the design for the City water main extension which will commence in the South Woodland Drive
in October 1996. Once the Greenacres community water system is incorporated into the City's,
all water customers would be required to have meters in accordance with City specifications.
Water hook-up fees for residents who are part of the Greenacres community water system would
be waived. Any fees which are in excess of the cost of the water meter which have already been
paid by residents who are part of the community water system, would be refunded.
Fire hydrants would also be installed in key locations, as determined by the Kalispell Fire Chief.
The Public Works Department can foresee as many as ten fire hydrants installed during the
summer of 1997. These improvements would be made by the Kalispell Public Works
Department as part of their continuing program of system improvements. It is estimated that
approximately ten hydrants would be required to be installed to provide adequate fire protection
for the area.
One or two of the existing three private wells could be utilized for private irrigation purposes
and park maintenance. If the wells are not utilized for irrigation purposes, they should be
properly abandoned. The cost of the abandonment of the wells would be born by the
homeowners association.
It is anticipated that the private well located at the homeowner's park would be used for
irrigation of the parks and homes within the Greenacres subdivisions.
5
It is anticipated that new water mains will be extended from time to time for new subdivisions
and to replace individual failing wells. In these cases, the cost of engineering and construction
for water main extension will be borne by the developer or property owner.
Sewer: Many of the residents which the proposed annexation area dispose of sewage through
on -site septic systems. In is anticipated that sanitary sewer service will be extended in small,
incremental phases in response to the needs and demands of new subdivisions and failing septic
systems in the area. The cost of engineering and construction for sewer main extension would
be assumed by the developer or property owner.
Although many of the septic systems in the area will continue to contribute to poor water quality
in the slough and some high groundwater problems, the expense of sewer extension and
connection fees will force many homeowners to utilize their existing on -site disposal systems for
as long as possible. As an incentive to encourage early connection to the sanitary sewer system,
the City will freeze sewer hook up fees at the current rate for three years or until January 1,
2000. After that date, the sewer fees would based on the prevailing rate. All City sewer
customers would be required to have meters in accordance with City specifications.
The sewer lift station serving the Greenacres area will be upgraded by the Kalispell Public
Works Department as part of their continuing program of system improvement during the
summer of 1997. As subdivision activity takes place within the proposed annexation area,
alternatives will be sought to relocate the lift station at the southeast corner of Eagle Drive and
Kelly Road to a less obtrusive location. Potential costs of relocating the lift station would be
home primarily by the developer with the City providing the long term maintenance.
The City will provide sewer extension in the area of 8th Avenue East as required or requested
by the property owners in the area. City sewer will also be extended along Highway 93 South
as part of the Highway 93 reconstruction.
Storm Sewer: There are no storm drains in the neighborhood area. Drainage plans for the area
were developed as part of the initial approval for the Greenacres West subdivisions and
subsequent Southgate subdivisions primarily through ditching and swales which would ultimately
discharge into the slough after being filtered with grasses and sand. Over the years, culverts
have been filled or crushed and ditches have been filled leaving the drainage system in poor
shape.
Recommended drainage improvements would be through re-establishing swales and ditches as
well as other surface drainage and improvements outlined in the South Woodland / Greenacres
Facilities PIan which would ultimately discharge the water into the slough. Improvements would
be made within three years and financed by bonds or State funding programs to be repaid with
storm sewer assessment funds. If the project was to be phased, improvements to provide
discharge from the slough would be made during the first phase.
1.1
If possible, another alternative would be to construct a detention area on the east side of Willow
Glen when the area is developed into residential lots. As subdivision activity takes place in this
area, efforts will be made to coordinate expansion of the drainage detention area, vegetative
treatment of contaminated water and stabilizing the water level in the slough.
Approximately $150,000. gathered over a five year period from storm sewer assessments in the
area will be used for storm sewer improvements, in additional to other unidentified potential
funding sources.
Water quality testing in the area of the slough could be undertaken by the homeowners in the
area for the purposes of identifying the water quality in different areas of the slough. The City
could provide technical assistance and coordination in setting up a monitoring program.
Fire: The South Kalispell Fire District provides service to County residents by way of tenders
owned by the fire district. One of the greatest concerns the residents of the area have about
being annexed is the loss of service by the district and the impact that the reduced revenues the
district would receive would have on the district itself. Attempts to reduce the financial impacts
the annexation would have on the rural fire district might include a repayment of tax revenues
or the contract of services.
The City would be willing to pay off the capital indebtedness currently incurred by the Kalispell
Rural Fire District in an amount equal to the percentage of the revenues the annexation area
provides to the district. It is estimated that the current outstanding debt on the new tender
purchased by the district is approximately $80,000. For example, if the annexation area
provides 35 percent of the district revenues, the City would provide the fire district with
approximately $28,000. to be used to pay off their capital debt.
Police: Municipal police protection is needed to adequately serve continuing commercial
development and residential development in the area. With annexation, the area would be served
by the Kalispell Police Department and routine patrolling would be provided. The Police Chief
commented that the area could be adequately served at this time with existing staffing and
facilities.
Schools: School District #5, Kalispell, provides educational service to the South Woodland /
Greenacres Neighborhood. Elrod Elementary school serves most of the area. Some children
attend Cornelius Hedges Elementary but these boundaries are not dictated by local jurisdictional
boundaries. The school district offers optional bus service for a fee because this area is within
their three mile bussing limit. These schools are at capacity.
Parks and Recreation: There is a County park located at the west end of Haven Court in
Greenacres Unit Two. The County park is actually comprised of two lots, one park in Unit Two
which contains approximately 1.54 acres and the other park in Unit One which contains 1.01
acres for a total park area of 2.55 acres. The County park currently lacks any substantial
amenities and warrants some improvements. Once annexed, the City would be willing to take
over the ownership and maintenance of this park, and upgrading the park by providing
amenities, equipment and irrigation. The City would provide the financing for upgrading the
parking and adding the amenities from the City park funds for that area. Approximately $7,500.
would be available to be invested in the park upgrades which would be used for an irrigation
system, play equipment and landscaping during the first year.
The City Parks and Recreation Department would also like to encourage the neighborhood to
participate in the development of the park through a neighborhood committee or some other
informal means of gaining consensus.
There is also a homeowners park on the southwest corner of Stag Lane which is approximately
1.209 acres that also houses a well site. The Greenacres Homeowners Association is willing to
deed over that community park to the City, and the City Parks and Recreation Department is
willing to take over the maintenance of the park.
The City would provide maintenance to both of the parks with regard to mowing and routine
maintenance of landscaping and equipment. The estimated costs for maintenance would be
approximately $2,100. per year.
The City Parks and Recreation Department can also provide the area with the pick-up and
chipping of downed tree limbs after wind storms and lawn debris at various times of the year.
Solid Waste: With annexation, solid waste removal services in the area will continue to be
provided by a contract hauler. The City can not provide solid waste removal services to an
annexed area until at least five years following annexation if licensed contractor services are
available, as required by 7-2-4735 M.C.A. Solid waste will continue to be transported to the
County landfill. In 1994, the life expectancy of the landfill was estimated at 7-8 years within
the footprint of the existing facility and an additional 15-17 years within a proposed 26-acre
expansion area.
0
1 t 1
The Kalispell Extension of Services Plan sets forth various policies for financing extension of
services. Construction of new streets, sewer, water, and drainage facilities is typically the
responsibility of the developer or property owner. This is generally accomplished by creating
a special improvement district by property owners in the area or construction and financing by
developers with the creation of a new subdivision.
In attempting to address some of the more unique problems associated with the area proposed
to be annexed, the City would be able to explore alternative financing methods which might
include capital facility grants, low interest loans, State revolving funds, non -point source
pollution grant monies or other various sources. The City would be able to assist the
homeowners in the area by providing technical expertise, making formal contacts and sponsoring
financing efforts.
Operating and maintenance costs for streets, sewer, water, police, fire protection, parks,
building and zoning, and other municipal functions would be primarily financed by a
combination of user fees and taxation. Funding for expansion of the waste water treatment
facility would be provided by plant investment fees charged for new sewer hook-ups. Street
overlays and repairs would be finances from the City's general fund and gas taxes collected.
H:\..KCCMP\SOWDEXTS.PLN
E
Beginning at the existing city limits point described as the
existing East R/W line of U. S. Highway 93 intersection with the
East-West 1/4 section line of Section 20, T28N, R21W being the true
Thence Southeasterly along the East R/W line of U. S. Highway
93 approXimately 680 feet to the Southwest Corner of Tract 7A;
Thence Easterly approximately 795 feet along the South line of
Tracts 7A & 7L to the Southeast corner of Tract 7L;
Thence Northerly along the West line of the Nort-heast quarter
of the Southeast quarter of said Section 20 approximately 250 feet
to the Southwest corner of Meadow Park No. 2 Subdivision;
Thence Easterly along the South line of said Meadow Park No.
2 Subdivision a distance of 759.66 feet to the Southeast corner of
said subdivision;
Thence Northerly along the East line of Lots 10 & 11
N0o0e,21"W a distance of 165.62 feet to a point;
Thence Easterly S89021'11"E along the South line of said
subdivision a distance of 525-80 feet to the West R/W line of
Willow Glen Drive being the Southeast corner of Lot 15 of said
1
FROKII : C a tV Of Ka I I Spe L I
RiD'r-- NO. : 406758-7831
-Nov.
07 1'3% 11:e-IAj p3
Thence Northerly
along the West R/W line of
Willow
Glen Drive
approximately 160 feet to the North R/W line of Russell Drive;
Thence Easterly along the South line of Tract 4C (Section 16,
T28N, R21W) approximately 1356 feet to the Southeast corner of
Tract 4C;
Thence Northerly approximately 745 feet along the East lines
of Tracta 4C and 4AA to the Northeast corner of Tract 4AA;
Thence Westerly approximately 750 feet along the South lines
of Tracts 4A and 4 to the Southwest corner of Tract 4;
Thence Northerly along the West line of Tract 4 approximately
580 feet to the Northwest corner of Tract 4;
Thence Westerly along the North line of Tract 4C approximately
602 feet to the West R/W line of Willow Glen Drive (Section 20,
T28N, R21W);
Thence Northerly along the West R/W line of Willow Glen Drive
approximately 3055 feet to the Northeast corner of Tract GEJAM in
Section 17, T28N R21W (first tract North of Woodland Drive;
Thence southwesterly long the North lines of Tracts 6zAAA,
6EAA and 6E approximately 345 feet to the common corner of Tracts
69, 6DA, 6DAA, & 6RA;
2
FROM.: CjtV OF Kalispell PFNU. : 4067507831 Nov. 07 1996 11:03AM P4
Thence Northerly approximately 292 feet along the East line of
Tract 6DAA & West line of Tract 6? to the Northwest corner of Tract
6F;
Thence Southwesterly approximately 405 feet along the South
line of Tract 3BA to the Southwest corner of Tract 3BA;
Thence Northwesterly approximately 456 feet along the
Northerly lines of Tracts 6DD, 3A & 3AA to the present city limits
line at the Northwest corner of Tract 3AA;
Thence continuing along the existing city limits line
Southwesterly approximately 334 feet to the North R/W line of
Thence Northwesterly approximately 745 feet along and to the
existing city limits as they cross Woodland Avenue;
Thence Southwesterly approximately 60 feet to the Southerly
R/W line of Woodland Avenue;
Thence Southeasterly approximately 3.425 feet along said South
R/W line to the Northeast corner of Lot 12 of the LeDuc Addition to
Kalispell;
Thence Southerly approximately 315 feet along the East line of
said Lot 12 and Lot 3 of the French Subdivision to the Southeast
corner of Lot 3;
3
FRL" : C I td Of Ka I i spe- I I PI-GICE 1140. . 4067587831 07 _1
Thence Easterly approximately 145 feet along the North line of
Lot 4 to the Northeast corner of said Lot 4;
ong the Easterly line of said French
subdivision approximately 343 feet and continuing Southerly
approximately 475 feet along the Easterly line of Lots 29, 28, and
27 of the Greenacres Original Map;
Thence westerly approximately 709 feet along the South line of
said Lot 27 and projection across South Woodland to the West R/W
Thence Northerly along said West R/W line approximately 400
feet to a point being the existing city limits line;
Thence Westerly approximately 482 feet to the coma -,on lot line
of Lots I & 2 of Block 3 of the Greenacres Northwest Subdivision;
line to the Northwest corner of said Lot 2;
Thence Easterly approximately 74 feet along the North line of
said Lot 2 to the Southwest corner of Lot 7 of the Greendale
Subdivision; %
Thence Northerly approximately 503 feet along the West line of
Lots 7, 6 & I of said Greendale Subdivision to a point on the North
line of Lot I being the E-W 1/16 Section line of S17, T28N, P,2iW;
H
FROM.: Cittj Of Kalispell PHONE NO. - 4067587831 Nov. 07 1996 11:04AM PG
Thence Westerly along said 1/16 line 220 feet to the Northeast
corner of Lot 1, Block 2 of the Greenacres Northwest Subdivision;
Thence Westerly along the North line of said Lot I
approximately 34 feet to the Southeast corner of Tracts 5-8A;
Thence Northwesterly approximately 400 feet along the West
line of Tract 6 (Dry Bridge City Parkland) to the South R/W line of
14th Street East;
Thence Southwesterly approximately 116 feet along said South
R/W line to the Northeast corner of Tracts 5-9;
Thence Southeasterly approximately 204 feet, and
Southwesterly approximately 85 feet around the East and South sides
of Tracts 5-9 and S-9A to the East R/W line of 8th Avenue East;
Thence Northerly approximately 202 feet along said East R/W
line to the South R/W of 14th Street East;
Thence Westerly approximately 348 feet along said South R/W
line to the N-S 1/4 section line of Section 17, T28N R21W;
Thence Southerly approximately 218 feet along said N-S 1/4
section line of said Section 17 to the 1/16 E-W section line;
Thence Westerly approximately 430 feet along said E-W 1/16
line to a point approximately 1751 East of the East R/W line of Sth
Avenue East:
5
.Rom : CLt� Of Kalispell
PFCNE NO. :L
4&;,�'587831
- - 11-te5kl'F'7
Thence paralleling
said East
R/w line
(at 175 feet Easterly)
in a Southeasterly direction approximately 2loo feet to the North
projected line of Tract SM;
Thence Westerly approximately 350 feet along the North line of
Tracts SM & 8F to a point being the SW corner of Tract 8JA;
Thence Northerly approximately 225 feet along the East lines
of Tracts 8 & 8JC to a point being the NE corner of Tract 8JC;
Thence Westerly approximately 370 feet along the South line of
Lot 3 of the Walker Subdivision to the East R/W line of 3rd Avenue
East;
Thence Southeasterly along said East R/W line approximately
Goo feet to the Northwest corner of Tract 8CBA;
Thence Easterly approximately 473 feet along the North line of
Tracts 8CBA & 8CBAA to the NZ corner of SCBAA;
Thence Southerly approximately 105 feet along the Eaut line of
ecBm to the SE corner of 8CBAA;
Thence Westerly, Northerly and Westerly approximately 47S feet
along the South line of Tracts 8CBAA & 8CBA to the East R/W line of
3rd Avenue East;
Thence Southeasterly along said East R/W line approximately
137 feet to the Northwest corner of Tract 2AAK;
M.
FROM, : C a y Or Ka I i spe I I PHONE F(}. : 4067587831 Nov. 07 19936 11: . '# P8
Thence Easterly approximately 552 feet along the North line of
Tracts 2AAK and 2AA to the NE corner of Tract 2 ;
Thence Northerly along the West line of Tract 704,
approximately 158 feet to the Northwest corner of Tract 7OA;
Thence Easterly along the North line of Tracts 70A, 70AA, 70F,
70E and Miller's One Subdivision approximately 1102 feet to the
Northeast corner of said biller°s One Subdivision;
Thence Southerly along the West line of Tract 70K
approximately 103 feet to the Southwest corner of said Tract 70K;
Thence Easterly along the South line of said Tract 7OK
approximately 103 feet to the Northwest corner of Lot 1, Southgate
unit #1 Subdivision;
Thence Southerly along the West line of said Lot i
approximately 25 feet to the Northeast corner of Tract 7OGE;
Thence Westerly
along
the North lint of
Tract
70GE
approximately 265 feet
to the
Northweat corner of said
Tract
7ods;
Thence Southerly
along
the West line of said
Tract
7OGE
approximately 339 feet
to the
North R/W line of Kelly
Road;
Thence Westerly
along
the said R/W line of
Kelly
Road
approximately 158 feet
to a point on said North R/W lime which is
the Northerly protraction
of
the Westerly line of Tract 7OJ;
.
C t 3 F Ka I „ram: i P 1110. . 406758171331 Nov.87 1996 k1114
'
Thence Southerly along the Westerly line of said Tract 70J
.
feet to the Southwest corner of said Tract 70j;
Thence Westerly along the South line of Tract 70D
approximately 80 feet to the Southeast corner of Tract 7EDA;
Thence Northerly along the East lime of said Tract 7EDA
approximately 223 feet to the Northeast corner of said Tract 7 A;
Thence Northwesterly along the South line of Tract 70D
approximately 371 feet to the Northeast corner of Tract 7 ;
Thence continuing Westerly along said South line of Tract 70D
approximately 12 feet to the Southeast corner of Tract 70C;
Thence Northerly along the East Line and protracted East line
r • +► i . point
Northerly R/W line of Kelly Road;
Thence Westerly along said R/W line approximately 341 feet to
the Southeast corner of Tract 2 ;
1
Thence southwesterly approximately 387 along said North R/W
line to the East R/W line of U.S. 93;
Thence Southeasterly along said East R/W line approximately
930 feet to the East-West 1/4 section line of Section 20, T28N,
R21W, previously described as the true point of beginning.
8
KALISPELL CITY -COUNTY PLANNING BOARD
kND ZONING COMMISSION
MINUTES OF MEETING
N OV EMBER 14, 1996
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND ROLL CALL Board and Zoning Commission was called to order at 7:02 p.m. by
President Therese Hash. Board members present werq Fred Hodgeboom,
Pam Kennedy, Jean Johnson, Bob Sanders, Joe Brenneman, Walter Bahr,
Mike Conner, Milt Carlson and Therese Hash. The Flathead Regional
Development Office was represented by Narda Wilson, Planner II, and
Steve Kountz, Senior Planner. The City of Kalispell was represented by
Diana Harrison, Zoning Administrator. There were approximately 15
people in the audience.
APPROVAL OF The minutes of the meeting of October 8, 1996, were approved as written
MINUTES on a motion by Bahr, second by Johnson. All members present voted
aye.
SA,VIARITA.N President Hash announced that a letter was received from Sister June
HOUSE / Kenny on behalf of the Samaritan House, requesting a continuance on the
CONDITIONAL request for a conditional use permit to allow the construction of a
USE PERMIT J homeless shelter. The public hearing will be rescheduled to the December
Request for meeting.
Continuance
SOMERS LAND The first public hearing was introduced on a request by Dennis Carver on
COMPANY ZONE behalf of Somers Land Company for annexation into the City of Kalispell
CHANGE / FROM and initial zoning from County R-4, Two -Family Residential, to City R-4,
COUNTY R-4 TO Residential. The property proposed for annexation is west of Airport
CITY R-4 Road in the southwest area of Kalispell and will be known as Ashley Park,
Phase II. The subdivision which is proposed for annexation contains
approximately 8.24 acres. The property can be described as a portion of
Assessor's Tract 4+ located in the north half of the southeast quarter of
Section 19, Township 28 North, Range 21 West, P.M.M., Flathead
County.
Staff Report Wilson presented an overview of report #KA-96-5. The applicant's
request for an initial zone of R-4 upon annexation into the City of
Kalispell is a condition of preliminary plat approval. The request meets all
the necessary criteria, and staff recommended that a favorable
recommendation be sent to City Council granting the rezone from County
R-4 to City R-4 upon annexation.
Public Hearing The public hearing was opened to those in favor of the requested zone
change. No one spoke either in favor or in opposition to the requested
zone change upon annexation into the City of Kalispell.
Motion Bahr moved to adopt report #KA-96-3 as findings of Fact, and
recommend to City Council that the initial zoning from County R-4 to
City R-4 be granted upon annexation. Johnson seconded. On a roll call
vote, all members present voted aye. The motion carried unanimously.
SOUTH The next public hearing was introduced on appropriate zoning
WOODI—,kND/ designations for South Woodland / Greenacres area proposed for
GREENACRES annexation. This area contains approximately 308 acres and is generally
ZONE REQUEST located in southeast Kalispell. Zoning is a mix of R-2 and R-3, single -
UPON family residential; B-2, general commercial; I-1, light industrial; and P-1,
ANNEXATION pubic for County park.
Staff Report Wilson gave a presentation of the South Woodland / Greenacres
Annexation and Zoning report #KA-96-6. Part of the process for
annexation is to consider the appropriate zone classification when the
property goes from the County into the City. Based on evaluation of the
statutory criteria established for review of a change in zone, the
recommended zoning classifications were intended to comply with the
Master Plan and newly adopted Neighborhood Plan. Staff recommended a
favorable recommendation to the City Council to adopt the zoning as
presented in Exhibit B of report #KA-96-6.
A letter from Jim and Sandi Vashro, and Ben and Anne Taylor was
entered into the record which expresses concern about annexation.
Public Hearing The public hearing was opened to those in favor of the zoning
designations as proposed for the South Woodland / Greenacres area.
In Favor Dennis Dortch, President of Greenacres West Homeowners Association,
which is proposed for R-2 and R-3 zoning, and those classifications meet
the character and lifestyles we want out there. We do have a homeowners
park in the area that is under consideration to be taken over as a City park.
That probably should be zoned P-1.
No one else spoke in favor of the proposed zoning. The public hearing
was opened to those opposed.
Opposition Sally Delby, 1740 Woodland Avenue, whose property was proposed to be
zoned R-2, noted that there are several properties on that comer and
south from her property that meet the requirements for an R-1
designation. The lots are quite large, with livestock, and for that reason
she requested that City R-1 be considered as that allows agricultural /
horticultural uses, and other listed uses in the R-1 zone. The City R-1
would be more applicable to what exists there.
E
Bob Meerkatz, 1604 South Woodland, stated that he is trying to protect
himself and is perhaps at the wrong hearing, but he is opposed to being
annexed into the City. He is concerned with City taxes on undeveloped
sections of land. It has taken me 35 years to acquire the piece of property,
and now I may be forced to sell it because I can't afford to pay the taxes
on it. I would hate to be penalized with all the work I've done to afford
to buy this piece of property and now it will be taxed over my means of
paying for it, as I am retired.
No one else spoke in opposition to the proposed zoning. The public
hearing was closed and it was opened to Board discussion.
Board Discussion The Board discussed the request for City R-l. The R-1 designation in
both the County and the City allows livestock. It would be appropriate to
zone that R-1 and the existing uses and lot size would be in conformance
with the zone. It would help maintain the rural character of the
neighborhood as identified in the neighborhood plan. The allowed and
conditional uses are similar in both the City and County R-1 zones.
The Board supported the request and determined the boundaries for the
R-1 designation, to be the large Iots from Ergasia Corner on Woodland
Avenue, south on Willow Glen to Lot 8 of Greenacres Original. The large
lots south of that in Greenacres Block One would not be appropriate for
an R-1 zone, as there are two mobile home parks in that vicinity.
The request to zone the homeowners park as P-1 was reasonable, and the
Board agreed to that amendment to the recommendation to City Council.
Motion Kennedy moved to adopt staff report #KA-96-6 as findings of fact and
forward a favorable recommendation to City Council to adopt the zoning
as proposed in Exhibit B upon annexation into the City of Kalispell with
the amendments to change the zoning from R-2 to R-1 from Ergasia
Corner to Section 9 and to zone the homeowners park P-1. Carlson
seconded. On a roll call vote Johnson, Brenneman, Bahr, Carlson,
Conner, Kennedy, Sanders, Hodgeboom and Hash voted aye. The
motion carried 9-0 in favor of the recommended zoning classifications for
the South Woodland / Greenacres area upon annexation into the City of
Kalispell. The City Council meeting on this issue is scheduled for
December 2"d.
RINKENBACH The next item on the agenda was a request by W. H. Rinkenbach for text
TEXT amendments to the Kalispell Zoning Ordinance. The primary amendment
AMENDMENT / (Section 27.07.020) would be to add "Accessory Single -Family Dwelling"
TWO DETACHED as a permitted use in R-4 Residential zoning districts, which essentially
SINGLE FAMILY would allow two detached single-family houses on one lot subject to
HOUSES ON ONE specific performance standards.
LOT IN R-4 ZONE
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