E3. Ord 1791 - Ross ZoningPUNNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1791 — KA-17-02 — Second Reading, Ross Initial Zoning of R-4
MEETING DATE: June 19, 2017
BACKGROUND: This is the second reading of Ordinance 1791, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of R-4 (Residential). The property is
located at the 500 Block of Sunnyside Drive. The property can be described as Lot 3 of Insteness
Subdivision in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
The Kalispell City Council, at their meeting on June 5, 2017, approved the first reading of Ordinance
1791, unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1791, an Ordinance to amend Section 27.02.010, official zoning map, City of
Kalispell Zoning Ordinance 1677, by zoning certain real properties described as the southern 605 feet
of Lot 3 and the northern 150 feet of Lot 3 of Insteness Subdivision Section 19, Township 28North,
Range 21 West, P.M.M., Flathead County, Montana to City R-4 (Residential).
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1791
Annexation and initial zoning Staff Report KA-17-02
Minutes of the May 9, 2017, Kalispell Planning Board and Application
Materials
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1791
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS THE SOUTHERN 605 FEET OF LOT 3 AND THE
NORTHERN 150 FEET OF LOT 3 OF INSTENESS SUBDIMISION IN SECTION 19,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(CURRENTLY ZONED COUNTY R-1(RESIDENTIAL) AND CITY R-1(RESIDENTIAL)
TO CITY R-4 (RESIDENTIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Stanley and Clarene Ross, the owners of the property described above, petitioned the
City of Kalispell that the zoning classification attached to the above described tracts
of land, currently zoned County R-1 and City R-1, be zoned R-4, Residential, on
approximately 5 acres of land; and
WHEREAS, the property is located at the 500 Block of Sunnyside Drive; and
WHEREAS, the Ross' petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-17-02, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be
zoned R-4, Residential, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 9,
2017, and after considering the Staff Report #KA-17-02 as well as public comment
and discussion, recommended that the zoning be City R-4, Residential, pursuant to
Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Residential, the City Council finds the recommendation of the
Kalispell City Planning Board to zone the property as R-4, Residential to be
compatible with the existing neighborhood and consistent with the Kalispell Growth
Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608,
M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the
essential findings of fact of KPD as set forth in Staff Report No. KA-17-02.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above as R-4, Residential, on approximately 5 acres of
land.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and
effect.
SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 19TH DAY OF JUNE, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ANNEXATION AND INITUL ZONING OF R-4 UPON ANNEXATIOJ
STAFF REPORT #KA-17-02
KALISPELL-PL-ANNING-DEPART-AWN-T-
April 25, 2017
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request from Stanley and Clarene Ross to annex a four -acre tract of land into the city
limits with an initial zoning designation of R-4 upon annexation. A public hearing has
been scheduled before the planning board for May 9, 2017, beginning at 6:00 PM in
the Kalispell City Council Chambers. The planning board will forward a
recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
A request from Stanley and Clarene Ross to annex the southerly 4-acre portion of a 5-
acre parcel into the city and zone the land R-4 (Residential) upon annexation.
Currently, the northern 1-acre portion of the 5-acre property is within the city and
zoned city R- 1. The southern 4-acre portion of the property is within the county and
zoned county R- 1. Historically, city policy once allowed for portions of properties
fronting city right-of-ways to be annexed without annexing the remainder of the
parcel. Reasoning for this policy was because if the owner had no intentions of
developing the remaining portion of the property, they were not required to annex it in
for tax purposes. The ownership of the parcel recently changed and the new owners
would like to annex the remainder of the parcel into the city for potential development
with city services. In addition to zoning the 4-acre portion of the property R-4 upon
annexation, staff also recommends that the northern 1-acre portion of the property be
rezoned from city R- 1 to R-4 so that the entire property shares the same zoning. The
property is currently undeveloped grasslands. Water and Sanitary sewer service are in
the vicinity of the property and upon annexation extensions can be constructed to
serve the entire property when development is requested.
This report evaluates the application in accordance with state and local regulations.
The annexation request and initial city zoning classification will be reviewed in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property
will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A.,
Annexation by Petition. The statutory basis for reviewing a change in zoning is set
forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A.
Findings of Fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-304, M.C.A.
A. Petitioner / Owner: Stanley and Clarene Ross
P.O. Box 2415
Kalispell, MT 59903
B. Location and Legal Description of Properties: The property is located at the
500 Block of Surmyside Drive. The portion of the subject property to be annexed
can be described as the southern approximately 605 feet of Lot 3 of Insteness
Subdivision in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana. The portion of the subject property to be rezoned from cit,,TR- I
1
to city R 4 can be described as the northern approximately 150 feet of Lot 3 of
Insteness Subdivision in Section 19, Township 28 North, Range 21 West, F.M.M.,
Flathead County, Montana.
C. Existing Land Use and Zoning: The subject property is currently undeveloped
grasslandsi - - e- -zan g---bff- e- -ar`ea -to- lie -annexed -is -county- R 1-(Stibtrffian—
Residential). This district is defined as "A district to accommodate estate -type
development. These areas would normally be located in rural areas away from
concentrated urban development, typically not served by water or sewer services,
or in areas where it is desirable to permit only low -density development (e.g.
extreme topography, areas adjacent to floodplains, airport runway alignment
extensions)."
The northern portion of the property within city limits is zoned city R-1
(Residential). The R-1 Zoning District is defined as "A transitional district
intended to provide for estate -type residential development and for the
performance of limited agriculture activities. This district would normally be
located in transitional area on the fringes of the city and serve as a buffer between
urban and rural/agriculture uses. Lots within this zoning district may have city
municipal water and/or sewer. This zoning district would typically be found in
areas designated as suburban residential on the Kalispell Growth Policy Future
Land Use Map."
D. Proposed Zoning: The proposed zone for the entire 5-acre property is city R-4
(Residential). The R-4 Zoning District is defined as "Comprised of primarily
single-family and duplex dwellings Development within the district would require
all public utilities, and community facilities. This zoning district would typically
be found in areas designated as urban residential on the Kalispell Growth Policy
Future Land Use Map." The R-4 Zoning District has a minimum lot size
requirement of 6,000 square feet and minimum width of 50 feet.
E. Size: The subject property is 5 acres.
F. Adjacent Zoning:
North: City R-4
East: City R-1 and County R-1
West: City R-4 and City R-1
South: County R-1
G. Adjacent Land Uses:
North: Single-family (including some townhouses)
East: Single-family, vacant land and Ashley Creek
West: Single-family (including townhouses) and vacant land
South: Vacant land and Ashley Creek
H. General Land Use Character:
The general land use category of the area can be described as a primarily single-
family residential. Much of the area directly to the south, west and east of the
2
subject property is located within FEMA Flood Zone adjacent to Ashley Creek. This
area will likely not be developed.
I. Utilities and Public Services:
City water and sewer main_ s. are both located within Sunnyside Drive bordering.
the property to the north. When annexed, the developer will be required to pay
the cost for the utility extensions. The design and sizing of water and sewer
extensions will be reviewed and approved by the Kalispell Public Works
Department prior to development of the site.
Sewer:
City of Kalispell if annexed
Water:
City of Kalispell if annexed
Refuse:
City of Kalispell if annexed
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwestern Energy
Telephone:
CenturyLink
Schools:
School District 5
Fire:
City of Kalispell if annexed
Police:
City of Kalispell if annexed
I. ANNEXATION EVALUATION
Compliance with the growth policy:
Two primary mechanisms for managing growth in the City of Kalispell exist
which are to rely on redevelopment and infill within the current city limits or
annexation of outlying areas. A goal of the growth policy is to provide a
comprehensive, effective growth management plan that provides for all the
needs of the community, is adaptable to changing trends and is attuned to the
overall public welfare. Chapter 11, Infrastructure and Public Services, contains
the following goal and policy that are relevant to this particular annexation
request:
Goal:
Make public water and sewer available to areas that are in close
proximity to services.
Policy:
2. Annexation to the City of Kalispell should be required when water and
sewer services are extended to an unincorporated area to provide services
for new development.
In addition, to this cited goals, the city council adopted an annexation policy in
2011, with a corresponding map as an addendum to the city's growth policy
document. The purpose of the annexation policy is to give the planning board,
the council, and the development community direction when property owners
outside of the city limits are requesting municipal services and annexation. The
property proposed for annexation falls inside the city's direct annexation
boundary.
2. Municipal Services:
Municipal water and sewer mains are located within Sunnyside Drive bordering
the property on the north and can be readily extended by the applicant to serve
the -mite -,
The site is currently protected by the Smith Valley Rural Fire District and the
Flathead County Sheriffs office. The applicant has submitted a Notice of
Withdrawal from Rural Fire District. At the time of annexation, the property
will be served by the Kalispell Fire Department. The site lies approximately 11/4
miles from fire station 61 and is readily serviceable by the city fire, police and
ambulance services, all of which now respond to the adjacent neighborhoods
within the City of Kalispell.
Given the level of existing services available to and in place, annexation of the
property will not overburden the municipal services in place.
3. Distance from current city limits:
The project site is currently partially within city limits and adjacent city limits
on the north, west and east, thus annexation will serve to be a logical
expansion of the existing city limits.
4. Cost of services:
Once annexed to the city, full city services will be made available to the property
owner. Any necessary infrastructure associated with this development will be
required to be constructed in accordance with the City of Kalispell's Design and
Construction Standards and any other development policies, regulations or
ordinances that may apply. If annexed, the property owner will be extending
and connecting to city sewer.
The analysis is only an estimate based on a variety of assumptions. The
analysis does not take into consideration changes in methods of assessment
and estimated costs associated with services. The information can only be used
as a general estimate of the anticipated cost of services and revenue.
The cost to serve the land proposed for annexation is shown in the attached
cost of service analysis - Initial Annexation. As the property is vacant, a portion
of the site is already inside the city and paying city special assessments and
taxes and a development plan for the remainder of the property has not been
developed, the total cost of services is estimated to be $0 at this time. Based on
the city's taxation and assessment policies, the property will generate
approximately $2,953 in total annual revenue to the city ($866.57 in taxes and
$2,086.79 in assessments). Based on this analysis, the annexation will be net
gain to the city of approximately $2,953.
II. INITIAL ZONING AND ZONE CHANGE EVALUATION BASER ON STATUTORY
CRITERIA
4
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. Findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell
Zoning Ordinance. The site is currently zoned city R-1 and county R 1. The
applicants are requesting city R-4. The Kalispell Zoning Regulations state that
the R-4 Zoning District .is "Comprised. of primarily single-family -and duplex
dwellings. Development within the district wo_uL d-require dIl` publf4c utilities, and-_
community facilities. This zoning district would typically be found in areas
designated as Urban Residential on the Kalispell Growth Policy Future Land Use
Map.'
1. Does the requested zone comply with the growth policy?
The Kalispell Growth Policy Future Land Use Map designates the subject
property as Urban Residential. As stated above, the R-4 Zoning District would
typically be found in areas designated as Urban Residential on the Kalispell
Growth Policy Future Land Use Map. Therefore, the requested R-4 Zoning
District complies with the growth policy which anticipates the R-4 Zoning
District within the Urban Residential land use category.
2. Will the requested zone have an effect on motorized and non -motorized
transportation systems?
The requested zone will have a small effect on motorized and non -motorized
transportation systems if the property is developed, as the R-4 Zoning District
allows for higher density than the current R-1 Zoning District. Although a small
increase in traffic would be anticipated, it is not anticipated the development of
the site will negatively impact the transportation system. Any development of the
property that creates 300 or more vehicle trip per day would require a traffic
impact study. The traffic study evaluates the impacts the development has on
the traffic system and indicates mitigation necessary to maintain acceptable
levels of service.
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. All municipal services including police and
fire protection, water, and sewer service are available to the area.
4. Will the requested zone promote the public health, safety 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.
5. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for development occurring on this
site are established in the Kalispell Zoning Ordinance to insure adequate light
and air is provided.
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7.
Rj
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10.
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Will the requested zone promote compatible urban rowth?
The requested R-4 Zoning District allows the property to blend into the urban
development already surrounding the property. This zoning district maintains
and is compatible with the established land use pattern in this area which is a
mixture of urban single-family residential -development.
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 to the property. The
property is currently undeveloped. Upon annexation it will not require any city
additional services. The provision of public services will be defined when a
development proposal is crafted for the property.
Does the requested zone Dive consideration to the particular suitability of the
property for particular uses?
The proposed R-4 Zoning District is consistent with the surrounding urban
development of the area. The R-4 Zone also gives due consideration of the
suitability of this property for the permitted uses in the zoning district.
Does the requested zone grive reasonable consideration to the character of the
district?
The proposed zoning is consistent with the character of the area which has
developed to an urban standard. The zoning of the
Will the requested zone avoid undue concentration of people?
The requested zone is consistent with the growth policy of Urban Residential and
surrounding city zoning district, which is also R-4. The R-4 Zoning District has a
maximum density of 3,000 square feet per unit (for duplex/townhouse), which is
an anticipated amount of density within this area of the city.
Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-4 Zoning
District will promote compatible and like uses on this property as are found on
other properties in the area.
Will the requested zone encourage the most appropriate use of the land
throw hout the municipality?
Urban scale residential development should be encouraged in areas where
services and facilities are available. In this case water and sewer lines are
located immediately north of the property. The proposed zoning is consistent
with the growth policy future land use designation and is compatible with
current zoning in the immediate area.
RECOMMENDATION:
6
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-17-02 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the zoning for the entire property be R-4 (Residential).
7
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
May 9, 2017
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City PIanning Board and Zoning
CALL
Commission was called to order at 6:00 p.m. Board members present
were: Chad Graham, Rory Young, Steve Lorch, George Giavasis,
Doug Kauffman and Christopher Yerkes. Ronalee Skees was absent.
Tom Jentz and PJ Sorensen represented the Kalispell Planning
Department, Jarod Nygren was absent.
APPROVAL OF MINUTES
Lorch moved and Kauffman seconded a motion to approve the
minutes of the April 11, 2017 meeting of the Kalispell City Planning
Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT
None.
OWL VIEW ESTATES
A request from Owl Corporation for a conditional use permit for
multi -family apartments within the RA-2 Zoning District.
STAFF REPORT
Tom Jentz, representing the Kalispell Planning. Department reviewed
Staff report #KCU-17-03 for the board.
Jentz reviewed the proposed CUP and advised the board that it is
compatible with the zoning, the growth policy, and the applicant has
met the burden of proof requirements.
Staff recommended that the Kalispell City PIanning Board and
Zoning Commission adopt staff report KCU-17-03 as findings of fact
and recommend to the Kalispell City Council that the that the
conditional use permit be approved subject to the conditions listed in
the staff report.
BOARD DISCUSSION
Graham inquired about the temporary gravel cul-de-sac and if there
were future plans to use it. Jentz advised it will not be for public use
but rather a temporary turn around for emergency vehicles.
PUBLIC HEARING
Eric Mulcahy — 2 Village Loop — Sand Surveying — representative for
the applicant. Reviewed the history of the project from its inception
in 2003 and how it's always been a part of the Kalispell Growth
Policy. In 2003 there was a preliminary plat proposed with
approximately 127 single family residential units and 10 acres of
multi-family/commercial. That zoning was approved for the multi-
family and the single family. In about 2005 the first phase of
Westview started to come in and with that we did a traffic impact
study that anticipated the traffic for 127 single family units and 80
multi -family residential units. There were a number of
recommendations in that traffic study and the owner Mark Owens has
Kalispell City Planning Board
Minutes of the meeting of January 10, 2017
Page d
met those recommendations which were essentially to give the
MDOT additional right of way for the expansion of Reserve and also
to create the roundabout and the corridor in the southwest corner of
this project. Those lands were deeded at essentially no cost to the
MDOT. To date three phases of the single family units on Westview
have been completed with circulation going from West Reserve to
Stillwater. There are approximately2 phases of single family- to
complete and those will wrap around and come back out to Taelor
Rd. which will essentially be 2 rows of single family units. About 3
years ago we came back to the Planning Board and City Council for a
zone change from the RA-1 to the RA-2. At that time the applicant
was trying to get some office development to come into this location
as well as some assisted living. That really hasn't panned out but we
have always had the multi -family product in our back pocket. Last
year in anticipation of coming in with a multi -family project we
proposed the townhouse development which was the 6 units along
Taelor Rd. The infrastructure has been built for those townhomes and
will be built this summer. This will essentially buffer traffic from the
multi -family product. The owner also built a landscape buffer
between the single family residences and the multi -family units. The
owner's goal is to make this project compatible with the existing
neighborhoods as far as the design and layout of the project. The goal
is to provide a lot of open space and create a community that will not
be crammed together.
Alex Evans — 120 Ali Loop — lives behind the proposed project —
advised the board he is in opposition to the project. He feels the use is
not compatible with the surrounding neighborhood and the applicant
has not met the application requirements.
MOTION
Lorch moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-
17-03 as findings of fact and recommend to the Kalispell City
Council that the conditional use permit be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
Brief board discussion regarding the history of the development.
Jentz clarified the history, specifically the multi -family zoning.
ROLL CALL
The motion passed unanimously on a roll call vote.
KALISPELL MEETING HALLS,
A request from Kalispell Meeting Halls, Inc. for a conditional use
INC
permit for a private school within the B-1 Zoning District.
STAFF REPORT
Tom Jentz, representing the Kalispell Planning Department reviewed
Staff report #KCU-17-04 for the board.
Staff recommended that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-17-04 as findings of fact
and recommend to the Kalispell City Council that the that the
conditional use permit be approved subject to the conditions listed in
the staff report.
Kalispell City Planning Board
Minutes of the meeting of January 10, 2017
Page12
BOARD DISCUSSION
None.
PUBLIC HEARING
Mark Johnson — 680 Stone Street, Kalispell — representative for
applicant — briefly reviewed the 5,311 square foot private school, K-
12 project for the board. At this time the school has fewer than a
dozen students, however, they hope to grow in the future.
MOTION
Kauffman moved and Yerkes seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt Staff Report
#KCU-17-04 as findings of fact and recommend to the Kalispell City
Council that the conditional use permit be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Young excused himself from item #3, Davison Landing, due to a
conflict of interest.
IM VISON 1,;kNDIN4�
A request for a conditional use permit for multi -family residential
within the B-1 Zoning District.
STAFF REPORT
Tom Jentz, representing the Kalispell Planning Department reviewed
Staff report #KCU-17-05 for the board.
Staff recommended that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-17-05 as findings of fact
and recommend to the Kalispell City Council that the that the
conditional use permit be approved subject to the conditions listed in
the staff report.
BOARD DISCUSSION
None.
PUBLIC HEARING
Rory Young — Jackola Engineering — representative for the applicant
— spoke in favor of the project but asked the board that they amend
condition #10 to state that the alley improvement may be completed
at a later phase of the project. The concern is that if they complete the
alley during the first phase there may be damage done to it while
completing the additional phases.
MOTION - ORIGINAL
Lorch moved and Kauffman seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-
17-05 as findings of fact and recommend to the Kalispell City
Council that the conditional use permit be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
None.
MOTION — AMEND
Yerkes moved and Graham seconded a motion to amend Staff Report
Kalispell City Planning Board
Minutes of the meeting of January 10, 2017
Page 13
CONDITION #10
#KCU-17-05 to amend condition #10 to include that prior to the
issuance of the building permit for building four the alley must be
completed.
BOARD DISCUSSION
None.
ROLL CALL — AMEND
The motion, as amended, passed unanimously on a roll call vote.
CONDITION #10
ROLL CALL — ORIGINAL
The motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Young returned to his seat.
NORTHLAND SUBDIVISION
A request from Bridgeland Development, LLP for preliminary plat
approval for a major subdivision to be known as Northland Phase 5.
STAFF REPORT
Tom Jentz, representing the Kalispell Planning Department reviewed
Staff report #KPP-17-02 for the board.
Jentz reviewed the proposed preliminary plat for the board. Noting it
is compatible with the zoning, the growth policy, and that the
applicant has met the burden of proof requirements.
Staff recommended that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPP-17-02 as findings of fact
and recommend to the Kalispell City Council that the that the
preliminary plat be approved subject to the conditions listed in the staff
report.
BOARD DISCUSSION
Graham and Young inquired about any storm water impact as well as
any plans there may be for the existing berm that is located on the
property.
PUBLIC HEARING
Bruce Lutz — WGM Group — representing applicant addressed storm
water impacts and there the owner is allocating quite a bit of the area
to storm water drainage. He also added that the berm that is already
in place is a little higher than is needed but they plan on keeping it at
about 4-5 feet.
MOTION
Young moved and Graham seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-
17-02 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat be approved subject to the conditions
listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
ROSS iNNE'Vk,TON
A request from Stanley and Clarene Ross to annex the southerly 4-
acre portion of a 5-acre parcel into the city and zone the land R-4
Kalispell City Planning Board
Minutes of the meeting of January 10. 2017
Page 14
(Residential) upon annexation.
STAFF REPORT
Tom Jentz, representing the Kalispell Planning Department reviewed
Staff report #KA- 17-02 for the board.
Staff recommended that the Kalispell City Planning Board and
Zoning Commtss i-o—n-a:dopT snff -repior t KA 4 TaO2 Y!� -ff nd iffvs -0TTrC t-
and recommend to the Kalispell City Council that the that the
property be annexed and the zoning for the entire property be R-4
(Residential).
BOARD DISCUSSION
The board as a whole discussed possible increased traffic impacts,
environmental impacts, and the 100 year floodplain.
PUBLIC HEARING
None.
MOTION
Larch moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-17-
02 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the zoning for the entire property be
R-4 (Residential).
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
Jentz mentioned the zone change request was approved for private
schools.
NEW BUSINESS
Reviewed items on June 13'h Planning Board agenda.
ADJOURNMENT
The meeting was adjourned at approximately 7:37 p.m.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be held on
Tuesday, June] 3, 2017 at 6:00 p.m. and located in the Kalispell City
Council Chambers, 201 1 "Ave East.
Chad Graham
President
APPROVED as submitted/amended:
Kari Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of January 10. 2017
Page 15
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
w"ir.kalisnell.com/nlannina
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT:
MAIL ADDRESS:
CITY/STATE/ZIP:
INTEREST IN PROPERTY: CCU t .''. I
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: ;'t /A
Legal Description:
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(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac):
Current estimated market value ,f ..0, (JV) at 50% build out;
at 100%build out
Is there a Rural Fire Department RSID or Bond on this proper Yes No A
If yes remaining balance is $
The present zoning of the above property is: f
The proposed zoning of the above property is: 12 4
State the changed or changing conditions that make the proposed amendment necessary:
F
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection during the annexation process.
(Applicant) (Date)
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
1. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede
filing of this application. Among topics to be discussed are: the application
procedure, compatibility and compliance with the Growth Policy, and compatibility of
the proposed zoning with surrounding zoning classifications.
2. Completed application form.
3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District
form, including an Exhibit A, legal description of the property.
4. Application fee based on the schedule below and made payable to the City of
Kalispell.
Fee Schedule:
Annexation (includes initial zoning)
$250 plus $20/acre
5. A bona fide legal description of the property from a recent survey, title report or
deed which accurately describes the property to be annexed.
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Return to:
Aimee Brunckhorst
Kalispell City Clerk
P.O. Box 1997
Kai , 1speII7 MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL, FROM RURAL. FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
Further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation Pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) fur fig herein ex!R' ss an intent to have the property as herein described
withdrawn from the iral Fire District under the provisions of Section
7-33-21217, Montana Code Annotated; and tIdt-lincorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell. the property shall be
detracted from said district.
In the event the property is not immediately annexed. the Petitioner(s) further agree(s) that this
covenant shall run to. with, and be binding upon the title of the said real property, and shall be
binding upon Our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property,
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Pefitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city fi-orn
providing solid waste services to this property for a minimum of 5 years frorn date of annexation.
Pet�')'Mo�or/Owner Date
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
ss
County of Flathead County
On this � day of before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same,
IN WITNESS WHEREOF, I have hereLII1t0'._,et my hand and affixed n-ty Notary Seal the day and
nr
- AR NOTARY PUBLIC for the
State of Montana
10 L I Residing at Kalispell, Montana Notary Public, State o' Morita
OFM My Commission Expires Printed
August 29, 2020 Residing at
My Commission expires: C,
STATE OF MONTANA
: Ss
County of Flathead County
On this day of -signed, a Notary Public for
before me. the undersigned,
the State of Montana. personally appeared known
to me to be the person whose name is Subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNLSS WHERE01% I have hereunto set my hand and affixed my Notary Sea] the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires: