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Staff Report/Annexation & ZoningTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone- (406) 758-1850 Fax: (406) 751-1858 tricitygeenturytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Annexation and Initial R-2 Zoning on 24.38 Acres - Three Mile Drive and Stillwater Road (Blue Heron Estates Subdivision) MEETING DATE: May 5, 2003 BACKGROUND: This is a request by Charles and Michelle Lapp for an initial zoning designation of R-2, Residential, upon annexation to the city for property that lies on the northwest corner of Three Mile Drive and Stillwater Road. The property contains approximately 24.38 acres and is intended for development as Blue Heron Estates Subdivision, a 59-lot single-family residential subdivision to be developed in three phases. City utilities would be extended to the property and the subdivision would be developed to City standards. The R-2 zoning district is a single-family residential district that has a minimum lot size requirement of 9,600 square feet and anticipates full urban services. The property has been used for agricultural purposes in the past and is currently otherwise undeveloped. The property is presently zoned County R-2, Residential, under the Flathead County Zoning Regulations. The Kalispell City Planning Board held a public hearing regarding this matter at their regular meeting of April 8, 2003. There were several property owners from the immediate neighborhood who spoke in opposition to the proposed residential zoning stating that it was an intrusion into the rural character of the neighborhood. They were also concerned about impacts to the roads and the school district. At the planning board meeting, a motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-2, Residential, upon annexation to the city of Kalispell. RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-2 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Charles and Michelle Lapp Annexation and Initial Zoning April 18, 2003 Page 2 Respectfully submitted, ,r Narda A. ilson Senior Planner C ris A. Kukulski City Manager Report compiled: April 18, 2003 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report #KA-03-3 and application materials Draft minutes from 4/8/03 planning board meeting TRANSMIT\KALISPEL\2003 \KA03-3.MEMO RESOLUTION NO. 4783 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS BLUE HERON ADDITION NO. 324; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL INTERIM ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Charles and Michelle Lapp, the owners of property located at the northwest corner of Stillwater Road and Three Mile Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on the Lapp's Annexation Request, #KA-03-3, dated March 31, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-2, Single Family Residential, upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Blue Heron Addition No. 324. SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Interim Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF MAY, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Lot 2 of Vogler Subdivision No. 2, amended Plat of Vogler Subdivision and Subdivision No. 204 located in SE 1/4 SSE 1/4 Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Description A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the northeast corner of the SE 1/4 of said Section 2; thence S 00°47'03" W, 1353.59 feet to the northeast corner of Subdivision No. 204, records of Flathead County, said corner being the True Point of Beginning of the tract of land herein described; thence along the boundaries of said Subdivision No. 204 the following two courses: S 89048' 15" W 1312.45 feet and S 00°35' 18" W 574.42 feet to the northwest corner of Vogler Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the following two courses: S 00°37'00" W 660.06 feet and N 89°52'37" E 330.08 feet to the southwest corner of said Subdivision No. 204; thence along the boundaries of said Subdivision No. 204 the following four courses: N 89°56'02" E 275.73 feet; N 00°45'49" E 615.20 feet; S 89°21'59" E 702.94 feet and N 00°46' 33" E 630.56 feet to the point of beginning containing 27.315 acres more or less, being subject to and together with all appurtenant easements of record. The above described tract of land is to be known and described as "Vogler Subdivision No. 2." Description: Parcel "A" (Flathead County Search and Rescue to Lapp A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the northwest corner of Vogler Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the following two courses: N 89°53' 12" E 330.09 feet and S 00°37'03" W 330.00 feet; thence S 89°53' 12" W 330.09 feet to a point on the west boundary of said Vogler Subdivision; thence N 00°37303" E 330.00 feet to the point of beginning containing 2.500 acres more or less, being subject to and together with all appurtenant easements of record. ORDINANCE NO. 1451 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO. 1439), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS BLUE HERON ADDITION NO.324 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-2, RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Charles and Michelle Lapp, the owners of the property described on Exhibit "A", petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-2, Single Family Residential upon annexation, and WHEREAS, the property is located on the northwest corner of Stillwater Road and Three Mile Drive, and WHEREAS, the petition of Charles and Michelle Lapp was the subject of a report compiled by the Tri-City Planning Office, #KA-03-3, dated March 31, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-2, Single Family Residential as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned R-2, Single Family Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Single Family Residential, the City Council finds such initial zoning to be 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 findings of fact of TCPO as set forth in Report No. KA-03-3. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Interim Zoning Ordinance, (Ordinance No. 1439) is hereby amended by designating the property described on Exhibit "A" as R-2, Single Family Residential upon annexation. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Interim Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III.This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF MAY, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Lot 2 of Vogler Subdivision No. 2, amended Plat of Vogler Subdivision and Subdivision No. 204 located in SE 1/4 SSE 1/4 Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Description A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the northeast corner of the SE 1/4 of said Section 2; thence S 00°47'03" W, 1353.59 feet to the northeast corner of Subdivision No. 204, records of Flathead County, said corner being the True Point of Beginning of the tract of land herein described; thence along the boundaries of said Subdivision No. 204 the following two courses: S 89°48' 15" W 1312.45 feet and S 00°35' 18" W 574.42 feet to the northwest corner of Vogler Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the following two courses: S 00°37'00" W 660.06 feet and N 89°52'37" E 330.08 feet to the southwest corner of said Subdivision No. 204; thence along the boundaries of said Subdivision No. 204 the following four courses: N 89°56'02" E 275.73 feet; N 00°45'49" E 615.20 feet; S 89°21'59" E 702.94 feet and N 00°46'33" E 630.56 feet to the point of beginning containing 27.315 acres more or less, being subject to and together with all appurtenant easements of record. The above described tract of land is to be known and described as "Vogler Subdivision No. 2." Description: Parcel "A" (Flathead County Search and Rescue to Lapp): A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the northwest corner of Vogler Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the following two courses: N 89°53' 12" E 330.09 feet and S 00°37'03" W 330.00 feet; thence S 89053' 12" W 330.09 feet to a point on the west boundary of said Vogler Subdivision; thence N 00°37'03" E 330.00 feet to the point of beginning containing 2.500 acres more or less, being subject to and together with all appurtenant easements of record. Blue Heron Estates Subdivision Cost of Services Analysis 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. Number of Dwellings Units within the Subdivision 59 Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 130 Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department • Administration: $39.48. Additional cost to administration • Solid Waste: Additional cost to solid waste Lineal Feet Costs: (Lineal feet 3,600) • Roads: $1.14 per lineal foot Additional cost in road maintenance • Water: $3.44 per lineal foot Additional cost in water line maintenance • Sewer: $5.50 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Average Square foot per lot - 11,503 • Number of units x square foot x 0.0029 Total Anticipated Cost of Services: 130 x 68.84 = $ 8,949 130 x 110.00 = $14,300 130 x 39.48 = $ 5,132 none for five years 3,600 x 1.14 = $4,104 3,600 x 3.44 = $12,384. 3,600 x 5.50 = $19,800 11,503 x 59 x 0.0029 = $1,968 66 63? 1 Anticipated Revenue Generated Assessments based on square footage: Average square foot per lot,: 11,503 Storm sewer assessment $0.0029 per square foot Revenue from storm sewer assessments 59 x 11,503 x 0.0029 = $1,968 • Street maintenance assessment $0.0059 per square foot Revenue from street maintenance assessments 59 x 11,503 x 0.0059 = $4,004 Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 59 x 11,503 x 0.00135= $916 Special Assessments: There are no special assessments. General revenue• • Assessed value per dwelling: $175,000 Total assessed value: 59 x 175,000 = $10,325,000 Total taxable: 10,325,000 x 0.03543 = $365,815 Total additional general revenue based on 152.39 mill levy: 365,815 x .15239 = $55,747 Total Additional Annual Revenue: $62,635 N This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS / 2003/ KA03-2COSTOFSVCS Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity(7centurytel.net www.tricitypianning-mt.com April 17, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning of R-2, Residential, on 24.4 Acres - Blue Heron Estates Subdivision at Three Mile Drive and Stillwater Road Dear Chris: The Kalispell City Planning Board met on April 8, 2003, and held a public hearing to consider a request by Charles and Michelle Lapp for an initial zoning designation of R-2, Residential, upon annexation to the city. The property contains approximately 24.38 acres and is located on the north side of Three Mile Drive and west of Stillwater Road. The applicants are proposing City R-2, a Residential zoning district. The property is currently zoned County R-2, Residential. This request for annexation and initial zoning has been filed in conjunction with a proposal for a 59-lot single-family residential subdivision to be developed in three phases over a period of years. Narda Wilson of the Tri-City Planning Office presented staff report #KA-03-3, evaluating the proposed zoning. Staff recommended initial zoning of City R-2, Residential based on the existing County zoning and the Kalispell Growth Policy. At the public hearing there was neighborhood opposition to the density allowed under the R-2 zoning designation. The neighbors were concerned about an urban density subdivision in what they felt was a rural area and how that incursion would change the character of their neighborhood. They were also concerned about impacts to the roads and the West Valley School District. After the public hearing the board discussed the proposal and the density allowed under the R-2 zoning. The board agreed that this was traditionally an agricultural area that is being converted to residential uses because of the proximity of utilities. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-2, Residential, upon annexation. The legal description of the property to be annexed is attached as Exhibit A. Please schedule this matter for the May 5, 2003 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • I I Blue Heron Estates Subdivision - Annexation and Initial Zoning April 17, 2003 Page 2 Sincerely, Kalispell City Planning Board /1171 Ron Van Natta President RVN/NW Attachments: Petition to annex (original) Exhibit A - legal description Staff report #KA-03-3 and application materials Draft minutes 4 / 8 / 03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Charles and Michelle Lapp, 3230 C. Falls Stage Rd. C. Falls, MT 59912 Paul J. Stokes &, Associates, Inc., 343 First Ave. W, Kalispell, MT 59901 Brien Surveying, Inc., P.O. Box 160, Somers, NIT 59932 Atkinson said the access could run east to west and not connect the two neighborhoods very well. He said the idea behind his amendment was to enter the neighborhood to avoid dumping out to West Reserve Drive and to create connectedness between the parcels. Van Natta asked and Hull answered he didn't care which way the access went he wanted to connected Parcel A to the other subdivision. Johnson said there are 1270 trips on that subdivision based on 127 houses with 10 trips each per day. Atkinson said he didn't think there was any restriction to entering onto Stillwater from Parcel A so there would be two opportunities to enter and exit. Taylor said it would be a boxed -in property if Parcel A was not connected to the rest of the development. ROLL CALL (AMENDMENT The amendment to the amendment passed on a roll call vote TO AMENDMENT) on a 4 to 2 vote with Norton and Atkinson opposed. ROLL CALL (AMENDMENT) The motion as amended passed on a 4 to 2 roll call vote with Johnson and Norton opposed. ROLL CALL (ORIGINAL — The original motion, as amended passed on a 5 to I vote with MOTION) Norton opposed. BLUE HERON ESTATES A request by Charles and Michelle Lapp for an initial zoning INITIAL ZONING UPON designation of R-3 upon annexation to the City of Kalispell ANNEXATION on approximately 24 acres. BLUE HERON ESTATES A request by Charles and Michelle Lapp for preliminary plat SUBDIVISION approval of a 59-lot residential subdivision. PRELIMINARY PLAT MEMBER UNSEATING Johnson stepped down because his firm has been involved with this development. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-3 & #KPP-03-2 presentation of staff report KA-03-3, a request for an initial zoning designation of R-3 upon annexation to the city of Kalispell on approximately 24 acres located at the northwest corner of Stillwater Road and Three Mile Drive. The report evaluates the appropriate assignment of a City zoning classification upon annexation to the city. The developer would like to annex in order to receive City services. The property is currently used for agricultural use. There is a minimum lot size requirement of 9,600 square feet, or approximately one quarter acre, in the R-2 zoning district. She said this area has been faced a lot of development. lately Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page I I of'-2 0 and there are small pockets of agricultural zoning. She noted the hodgepodge of zoning between the urban fringes of Kalispell and the rural areas of the County, a mix of residential, suburban residential and agricultural. She said this area is generally rural in character, but right on edge of urban development. City services are being extended east of the site about one quarter mile away and would be extended to this site at the time of development. This area is designated as suburban residential in the Kalispell Growth Policy and zoning complies with this designation. The developer has initially proposed using private wells on the property. She said it might be more efficient for the developer to extend City water to the subdivision if it comes to within close proximity. There is floodplain on the property which is in a non -detailed area, so when the floodplain maps were developed and the floodplain maps made, assumptions were made about how far the floodplain would go based on topography. She said the developer claims this area has been dry, but the FEMA maps show the floodplain. However, the floodplain area is apparently narrower that that indicated on the preliminary plat. As a consequence some of the conditions initially placed in the staff report will be revised. Staff will look closer at the possible location of the floodplain since it is not where it looks to be on the plat. If the most of the floodplain is designated as park area, then the developer would simply have to deal with obtaining a floodplain development permit for a short segment of the road. Between Phases 1 and 3 the fire department may require an emergency vehicle route out to Stillwater Road. Staff is recommending a 20 foot buffer that would require a pedestrian and bike path along West Reserve Drive and Stillwater Road. The greatest road impact concern is the addition of approximately 500 vehicles per day on Three Mile Drive. This is a State secondary road and would be the responsibility of the State in the future. She said Condition 10 should be deleted because an additional 10 foot of right- of-way is unnecessary because it is already a 120 foot right- of-way. Staff anticipates one school age child per two homes for impact on the schools with a possible additional 25 to 30 school aged children that might be generated from this subdivision at full build out. Staff recommended adoption of staff report KA-03-3 and that the initial zoning upon annexation should be R-2, Residential, on approximately 24.38 acres. Staff also recommended approval of the preliminary plat for Blue Heron Estates, KPP 03-5, subject to the 20 conditions listed as amended with Condition #9, reading, "a 20 foot 1 buffer strip"; Condition # 10 deleted; Condition # 16 amended Kalispell City Planning Board Minutes of the meeting of April 3, 2003 Page 12 of 20 to state, "any development within the 100 year floc�dlplain shall be required to comply with the flood plain regulations"; 7 and add a condition that "the north end of the internal roadway be reconfigured to eliminate the dead end street." PUBLIC HEARING The public hearing was opened to those who wished to speak on the project. APPLICANTIAGENCIES Ed Engle with Stokes and Associates said he is satisfied with the recommendations as amended and they can Eve with them. Charles Lapp, 3230 Columbia Falls Stage Road, said he and his wife are the developers of this project and they are available to answer questions. He said he bought the property from Helen Kaeding. She couldn't split her farm because she owned less than 160 acres so she and her neighbors got together and got the zoning changed in this area. Two years ago he offered to buy this land from her and began the process of amendments and zoning changes. He said they had a preliminary plat ready to send to the County Planning Board but instead of pursuing a County subdivision they were willing to bring City services out to avoid private septic systems and to protect the aquifer. He said the higher density was necessary to pay for bringing City services out to the property. He said in his buy -sell it clearly states that he was working to develop this land as a residential subdivision. The north south road was included in thought of future connection to a future subdivision north but that may not be necessary at this point since a house is going in to the north. � PUBLIC COMMENT Kenneth Van Allen of 537 Three Mile Drive said he understands higher density closer to town is good stewardship of the land. But he doesn't see it as congruent with the rest of the area and based on development which has not happened yet to the east. He said it was isolating other property in the area and creating an island. He said this is an incursion into an area that has been used differently than what this subdivision proposes. He said Mr. Lapp's intentions are not a point in fact. it is currently agricultural land. The entire section is currently developed in larger lots and divisions. This is a zoning incongruity. He is concerned about the 13 of 59 lots reside within the flood zone. It is a poor argument to assess the floodplain situation this spring because the valley has been in a drought for several years. He is concerned about the vision for the property and the possibility of this subdivision devaluing his property. He expressed his concern about 64 units within the 59 lots and the number of children that will impact the schools. A new subdivision favors the new residents with Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 13 of 20 existing property owners carrying a disproportionate burden on the current residents when bond issues come up for paying for the schools. Dan Bly, lot 14 in Quarter Horse Estates, said his property abuts the proposed subdivision and area to be annexed. He said in previous discussions the board expressed concerns about matching existing subdivisions in the area. These lots are a 20th of the size of the existing lots currently in the area. The number of people will impact traffic at the intersection on Stillwater Road and Three Mile Drive. He felt the property values will decrease for surrounding neighbors. Marcia Sharp, 543 Three Mile Drive, owns 4.1 acres on Three Mile Drive and 10 acres on Quarter Horse Lane. She said there are large lots surrounding this new area and it will change the demographics of the area. The Realtor may have been aware of Mr. Lapp's intentions but the neighbors were not. She opposes this development. Steve Fetveit, 345 Three Mile Drive, owns 16 acres and has animals on his property. He feels this is out of character with the neighborhood. If you have to force density to pay for sewer then perhaps it is being forced too hard. He is concerned about the ground water issue. He has a water rights issue regarding the small creek that goes through his property and has seen free standing water in this area. He wondered why swamps become neighborhood parks. Janice Kienas, 535 Three Mile Drive did receive the certified letter and said she has lost sleep ever since. She abuts the property and has animals. She said what happens if she wants to spread manure or someone wants to ride horses or the rooster crows. She asked what happens next —will they be in the line of complaints because they aren't part of a quiet neighborhood? She said it is a stinky neighborhood sometimes but that is the beauty of living in the country. She wants serious consideration given to the water, traffic, view and density issues. She has lived there for many years and feels it is inappropriate placement for this time. Kim Bly, 230 Stillwater Road, owns property butted up to three lots and the park. She wondered if it would affect their property. She asked if they could own horses. Her daughter cannot go to 8th Grade in the City unless she pays tuition and yet the area will be zoned as City. She was told the area of the floodplain had held freestanding water in the past. She was concerned about the traffic issues. Lynn Tripp adjoins Quarter Horse Estates to the north and has traffic concerns about the entrance onto Stillwater Road. He said he has had his cows calve across the floodplain and Valispel City 1, .1 City Planning Board Minutes of the meeting of April 8. 2003 Page t 4 of'-70 it will come up as high as the fourth rail on his fence. He was concerned about creating the park in the floodplain area. He said neighborhoods use 10 times more fertilizer than farmers and it will all go into Spring Creek. He said he has been a farmer all his life and he hates to see the loss of farmland in this area and the Valley. Greg Harris, 539 Three Mile Drive, said in 1996 there was deep water in that floodplain area. He said Mr. Lapp said he was part of the Kelly Road development and questioned the quality of the homes the developer is going to build. He asked the average cost of the lots and proposed homes. He said he and his neighbors will seek legal action to stop this development. He asked who will pay for the sewer to be brought out to this subdivision. He said crime will increase in this area just like it has south of town. Michael Blend, 1069 West Meridian, is a local builder and said he has friends on both sides of the issue. He said he sympathizes with people's dislike of change. He feels this is a natural progression for the City of Kalispell. He said his clients are looking for land to build on. In Stillwater Estates the size of the lots and type of lots dictated a $250,000- $300,000 price range which is difficult for some people to afford. He felt this subdivision might offer more affordable housing. He said developers don't cause growth they just respond to the demand. He said the developer extends the sewer and it is a large expense. He feels responsible use of the land dictates the smaller lots. He said he doesn't see a correlation between lot size and crime. He said he can understand the neighbors' concerns, it is analogous to having his in-laws move in with him. He is against on -site treatment systems and larger lots when the City services are so close. He said agriculture and farming adds a lot of nitrates into the ground as well. He encouraged the Board to approve this project. Ken Van Allen returned to address the issue of community connectedness. He said the neighbors have an issue with the lack of connectedness with the lifestyle they all have in common. Interjecting the subdivision into this mix will change that connectedness. He asked what Jean Johnson's relationship to this project is and what services he provided. Ed Weber, owns the lots that block the road north and said he came to Kalispell to make this his home and thought it would be their retirement home. They bought their home in Quarter House Estates because of the surroundings. They asked, before they bought the lot, about future development. He said he found it interesting that in Mr. Johnson's testimony earlier this evening he talked about the impact of West View Estates on traffic use. He said the school impact is already vreater than what staff projected. Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 15 of20 Bob Beberg, 1324 Quarter Horse Lane, said 110 units in the West View Estates would double the traffic impact on these rural roads. One child per household would double the impact on West Valley School. Ed Weber, 190 1/2 Drake Drive, said if he had known in advance that a subdivision of this magnitude would abut his property he would not have bought this property. Tamara Arlint, 555 Three Mile Drive, is opposed to this development. She said Mrs. Kaeding, who sold her land to Mr. Lapp, is very disappointed that this is how her property is going to be developed. She said she can see the new development flowing on West Reserve but on their road this is leapfrogging. She said this area is not even annexed into the City and should not be zoned R-2 Dan Anderson, 535 Three Mile Drive, said traffic has increased dramatically in the area and he knows it will get worse. Mark Voelker, 1001 Quarter Horse Lane, said he is concerned about the density and is opposed to anything over one house per acre. He thought Mr. Lapp's proposal was unprofessional. He feels Mr. Lapp wants to change the entire infrastructure of the area and is using the planning board to do it. He said higher density creates higher pollution of all types. He said every time he does a buy/ sell he could state that he wants to build a high rise building and ask the board to approve it. He said crime does go up with density. He said he would like to see a set vision of what Mr. Lapp plans for the subdivision. He said the increased traffic would create the need for a stop light at Three Mile Drive and Stillwater Road. He said he disagreed with the builder who wanted to support Mr. Lapp's development. He applauded Mr. Lapp's concerns for the aquifer but did not like the way Mr. Lapp used it as an opportunity to push forward his proposal Phil Blandford said he owns Mr. Lapp's "sacred corner" and has concerns about the traffic and the location of the park which is near his horse pasture. He said it is a floodplain, there is water even this year during the drought. He said he is strongly opposed to the higher density Mr. Lapp is proposing Kathleen Nicolitz from Quarter Horse Lane said the motivation of the builder is financial. She said their concern as neighbors is quality of living but not financial gain. Janice Kienas said she talked to Mrs. Keating who sold the land and her intention was to divide the property into 10 Kalispell City Planning Board Minutes of the meeting of April 3, 2003 Page 16 of 20 acre parcels. The county commissioners counter proposed that she divide the land into 5 acre parcels because they wanted a buffer zone between urban and rural land. She agreed to sell 5 acre parcels in this area and sold one parcel to the Search and Rescue. She requested that the board honor the intention to keep the 5 acre buffer in place. Hal Bauer, 541 Three Mile Drive said the only ones in support of this development are those who will make huge money on this project. He said before the Council decides on this issue they need to come out and look at the property. Charles Lapp said when he approached Mrs. Keating about this property he made it clear what he intended to do. He said she did make a stipulation that all of the homes needed to be stick buildings. He said he did not twist Search and Rescue's arm to sell their property. He clarified that the development they have built on Kelly Road is commercial property not residential. He also built Blue Jay subdivision in Columbia Falls with 3 to 6 acres lots. He said he wished these lots could be slightly bigger but the need to bring sewer and water into the area dictates the size of the lots. He said in the growth policy, the whole idea of planning was to have larger pieces next to town as transition areas for future development. No one else wished to speak and the public hearing was closed. MOTION Taylor moved that the proposal be postponed until the next meeting April 29th. Wilson noted there are 6 agenda items on the April 29th meeting already. There was no second and the motion died. MOTION Atkinson moved and Norton seconded to adopt staff report #KA-03-3 as findings of fact and recommend R-2 zoning for Blue Heron Estates upon annexation. BOARD DISCUSSION Atkinson addressed the public and said in his 16 years on the city council he continually hears frustration from the public about growth. He said it is not anyone's fault but growth continues to happen. He said some of the concerns have to do with impacts. He said State law does not allow the board to access impact fees on developers for schools and streets. He said the Board cannot help it if someone buys the land and wants to develop it. Development is a result of supply and demand and the board's hands are tied. He said the board can say no but there are no grounds and it would elicit a lawsuit. Growth is inevitable in everyone's back yards. Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 17 of 20 Atkinson asked and Wilson answered that the dead end on the north end does not look like it will currently be extended. He asked if the road could be turned to the west for potential future growth but Wilson said it abuts a 5 acre lot and wouldn't be a practical alternative. Atkinson asked the size of Quarter Horse Estates and Wilson said they were 5, 10 and 20 acre tracts and the subdivision was built less than two years ago. Hull asked and Wilson showed where the current City boundary exists. Wilson said this is 1/4mile or more from the City limits. Hull said the board is not the city council but they are volunteers and the public can speak to the City Council about this also. Taylor said he heard comments about whether the statutory criteria have been met on all aspects. He said it does meet the growth policy but questioned whether it avoids undo concentrations of people. He also questioned whether it gives reasonable consideration to the character of the area. He said the small lots are not in keeping with the R-2 zoning on the east and the south. He said the third statutory issue is whether it is the most optimum planning and use of this land. He said he would respectfully submit that it is not. He perceived it as small cookie cutter lots. He said where it is situated it is out of character. He said it may be compatible with the growth policy but not with the character of the area. He feels it is too dense. Atkinson asked and Wilson answered that Northview Subdivision to the east is zoned R-3 which allows 7,000 square foot lots. She said it is more dense than this proposal. The other subdivision proposed to come before the board in June is proposed to be zoned R-3 and R-4 with the same type of development. Atkinson said the City is moving out and he thinks the whole area surrounding the annexation request will expand soon. Norton stated that the board listened to the public comments and had a couple of questions. He asked Mr. Lapp the proposed cost of the lots and future homes. Mr. Lapp said they don't know the total engineering costs and sewer and water. He said he initially hoped to sell the lots for about $35,000 which would be a house of about $150,000. He said right now Kalispell has a very limited supply of small lots. Norton asked if Mr. Lapp had contacted the property owners who want to develop to the east and he said he had been in contact with them to discuss sharing the cost of bringing City services to the area. Norton said he agrees with Atkinson that a lot of the discussion has been "not in my backyard" and the board has Kalispell City Planning Board Minutes of the meeting of April 8. 2003 Page 18 of 20 to do what is best for the City. He said the board is following the Kalispell Growth Policy for this area. l Hull said he could hear the concerns of the neighbors and felt unsure how he wanted to vote. Van Natta said the developer does take on the cost of the utilities, not the City taxpayers. He said the school issues will be addressed by the boundaries of the school district. He agreed that this conforms with the growth policy especially since the other property is coming forward to propose a subdivision in June. He said he is inclined to approve it. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Atkinson moved and Norton seconded to adopt staff report #KPP-03-2 as findings of fact and approve the preliminary plat for Blue Heron Estates Subdivision subject to 20 conditions and amendments including 20 foot buffers, elimination of item #10, to add a reconfiguration of the internal road on the north end to eliminate the dead end and that any development in the floodplain must comply with regulations. BOARD DISCUSSION Atkinson said he heard and listened to the audience and appreciates their concerns. ROLL CALL The motion passed 4 and 1 on a roll call vote with Taylor voting in opposition. OLD BUSINESS Wilson said the Board received a final draft of the Kalispell Growth Policy which was adopted on February 18th by the Kalispell City Council. She thanked the board for working hard on the growth policy and thinks it is a good document. NEW BUSINESS Wilson said the planning office is going to schedule a public hearing to adopt the Interim Kalispell Zoning Ordinance at the special meeting. She suggested the planning board hold a work session addressing some of the zoning issues identified in the growth policy such as the sign ordinance and highway corridor entrance standards. Norton asked about having 9 members on the Planning Board. Wilson answered that state statutes limit the City planning board 7 members. Hull said 9 members are too many. Van Natta asked and PJ Sorenson answered that if a homeowner is within the City limits and they use water and/or sewer, they get charged the ,full rate. If they are Kalispell Cit", Planning Board Minutes of the meeting of April 8, 2003 Paize 19 of 20 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: Charles and Michelle Lgpp. MAIL ADDRESS: 3230 Columbia Falls Stage Road CITYISTATE/ZIR—Columbia Falls, MT-69904- -I-qCt /,4 PHONE: 406)-�- INTEREST IN PROPERTY: Owner Other Parties of ]Interest to be Notified: PARTIES OF INTEREST:- Paul J. Stokes & Assoc. -Inc. MAIL ADDRESS:-343 I" Avenue West CITY/STATE/ZIP: Kaligpell, Nff 59901 PHONE: INTEREST IN PROPERTY: Technical advise Address of the property: Three -Mile Drive Legal Description: Lot 2Vogl r Subdivision. #2amended plat of Vogler Subdivision & Subdivision #204 (Lot and Block of Subdivision; Tract 4) SE 1/4 , SE 1/4 , SEC. 2, T.28N., R.22W. (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: The proposed zoning of the above property is: _Kalispell R-2 State the changed or changing conditions that make the proposed amendment necessary: Annexation is required for the availability of public sewer and water. The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Tri-City Planning staff to be present on the property for routine ins on during the annexation process. (Date) (Applicant) 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: compliance with the master plan, compatibility of proposed zoning with surrounding zoning classifications and the application procedure. 2. Completed application form. 3. Completed Petition to Annex form including an Exhibit A, legal description of the property. 4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. 5. Fee Schedule None 6. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. H:I,FRDG\FORMS'\A-PPFORMS'\KANN-X.DOC 2 PETITION NO.: PETITION TO ANNEX. AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersimed 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 7-2-4,610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the West Valley _ Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section. and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agee(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. Petitiongr607ner Date Petitioner/Owner Date Please return this petition to: T!-1-(-'i-,v PlanninaOffice '17 Second Street East, Suite 211 Kaiispeil MT Note: ieg-ai description) must be attached -or the petition 70 e -,,and. BLUE HERON ESTATES INITIAL ZONING UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-03-3 MARCH 31, 2003 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for an initial zoning designation of R-3 upon annexation to the city of Kalispell on approximately 24 acres. A public hearing has been scheduled before the planning board for April 8, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioner would like to annex in order to receive City services. A. Petitioner and Owners: Technical Assistance: Charles and Michelle Lapp 3230 Columbia Falls Stage Rd. Columbia Falls, MT 59912 (406) 257-6832 Paul J. Stokes &- Associates, Inc. 343 First Ave. West Kalispell, MT 59901 (406) 755-8707 Brien Surveying, Inc. P.O. Box 160 Somers, MT 59932 B. Location and Legal Description of Property: The property proposed for annexation lies at the northwest comer of Stillwater Road and Three Mile Drive. The property contains approximately 24.38 acres and can be described as Lot I of Subdivision No. 204 and an approximately 2.5 acre portion of Lot 1 of Vogler Subdivision located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing zoning: This property is in the County zoning jurisdiction and is zoned R-2, Suburban Residential. This zoning designation has a minimum lot size requirement of 20,000 square feet and a minimum lot width of 100 feet. Although not an issue for consideration, it is noteworthy that this zoning designation was adopted concurrently with a master plan amendment reviewed by the Flathead County Planning Board and approved by the Flathead County Board of Commissioners. The actions of the County, considering the Attorney Generals Opinion prohibiting "substantive changes to zoning", could be problematic if this property were to remain and be developed in the County since it went from an Agricultural designation to a Residential designation in the master plan and with regard to zoning. However, because this property is proposed for annexation to the City of Kalispell and will be connected to City utilities, the question regarding past action of the County is moot. This proposal will be reviewed and evaluated under the Kalispell Growth Policy which includes this area in its potential utility service area and anticipates it being annexed and zoned in accordance with the growth policy land use designations and goals and policies. D. Proposed Zoning: The proposal would designate the property as City R-2, a Residential zoning district that anticipates single-family homes as a primary use. The minimum lot size requirement for the R-2 zoning district is 9,600 square feet. E. Size: The property proposed for annexation and zoning contains approximately 24.28 acres. F. Existing Land Use: Currently this property is being used for agricultural purposes and is otherwise undeveloped. G. Adjacent Land Uses and Zoning: The area can be described as being located on the fringes of urban development. Having suburban residential development to the east and agricultural uses to the north, south and west characterize it. North: Agricultural and large lot rural residential development County SAG-5 zoning South: Agricultural uses, County R-2 zoning East: Agricultural uses, County R-2 zoning West: Agricultural, County SAG-5, SAG-10 and AG-80 H. General Land Use Character: The general land use character of the area is a generally rural in character with some suburban residential development to the east and agricultural uses to the north, south and west. I. Availability of Public Services: City water and sewer services exist to the east of this site approximately one-fourth of a mile away. They were extended in conjunction with the subdivision currently under development known as North View Heights. With this there are City water and sewer mains to the east of this property along Three Mile Drive that will be extended to service this property at the time of development. A State secondary highway, Three Mile Drive, will provide primary access to the site and is adjacent to this property. A new access will be developed onto Three Mile Drive and a secondary access will be developed from Stillwater Drive, to the east. Stillwater Drive is a paved County road. 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. On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth Policy which designates this area as Urban Residential which anticipates a density of three to 12 dwelling unit per acre. This property is proposed for R-2 zoning, a Residential zoning designation that anticipates single-family homes as n G the primarily use on lots not less than 9,600 square feet in size or approximately four dwellings per acre. The proposed zoning designation is in substantial compliance with the future land use designations of the Kalispell Growth Policy and can be considered to be appropriate for the area. lt*�. -1 --T- WAO)SWO1�14ALM-0-0 — 1-MaWOUR It can be anticipated that the proposed development of the property that will be associated with the zoning will increase traffic impacts in the area due to the undeveloped nature of the area currently. Traffic impacts to the area can be accommodated with the existing roadway, a State highway with Three Mile Drive and a County road with Stillwater Drive. The proposed rezoning is not designed to lessen congestion in the streets but also is not anticipated to create additional congestion on the streets in the area. There is no obvious increase in risk related to the proposed zoning district which would impede fire or police access to the site. Access for fire and other emergency services is generally good. Wrim-STWO MUM "1041-04 Because this annexation will enable the property owners to connect to public sewer and develop the property with full public services, the public health and welfare of the community will be served. WIVOTSWASIOTATerarerWrOKS I KM ORION Any uses established on the site will be required to meet the development standards for the district dealing with setbacks, height limits and lot coverage. These standards are designed to provide for adequate light and air. W- $-TO4WWWOA WWNOW The requested zoning designation is consistent with the type of development which would be anticipated under the Kalispell Growth Policy and would be able to be accommodated within the land area under the proposed zoning. The requested zone will not contribute to the overcrowding of land. An increase in the number and concentration of people in the area will likely result after this land has been converted from an agricultural use to a more intensive residential use. There will be a more intensive use of the property, however, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of facilities would provide the structure needed to insure that there will not be an overcrowding of the land or undue concentration of people. 3 mwARIONFIMIM. M"IWIFIRM37M. I j.,jW pro g,.116-Mf v g&*� Kelp$ V.3 W *IF I VJ I OB 0014 15, 64 9W 4 0 Of 9 41t Public service, facilities and infrastructure would be made available to the developer. The developer would need to extend the needed City services that are not currently extended to the property at the developers' expense and in accordance with the City's policies and standards. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with City policies and standards at the developers' expense thereby insuring that there is adequate provision of services to the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the City. rQdWA*)111Q"* VOW6101* The proposed zoning furthers the long range development plans as reflected in the recently adopted Kalispell Growth Policy for this area and provides opportunities for housing in a development that is compatible with surrounding land uses with the extension and provision of public services within reasonable proximity to the City core. The proposed zoning will provide the basis for the future land uses on this property, in accordance Kalispell Growth Policy. This rezoning gives great consideration to the suitability of this property for the proposed use and concurrent zoning proposal. 10. Does the req ested zone give reasonable consideration to the character ofthe diatlicl? The general character of the area is transitional between the urban and rural / agricultural use on the fringes of the City limits. The proposed zoning allows this development to address needs within the community for housing and support services on public services and in reasonable proximity to the City core. Recent annexations in the area indicate that this type of development will continue to occur on the urban fringes of the community to be developed with similar types of uses as is proposed with this property, i.e. urban residential rather than rural residential or suburban agriculture. It appears that the proposed rezoning gives reasonable consideration to the character of the district. There is a single-family residential subdivision to the east that is currently under development with a similar design and lot sizes. There has also be interest in developing the property immediately to the east on the northeast corner of Stillwater Road and Three Mile Drive as well as property to the north of that. The development anticipated under the proposed zoning may be more intensive in nature that that of other properties in the immediate area because of the available of public services and utilities, however, the City standards will insure that there is high quality development that will insure the value of buildings and homes is protected, maintained and conserved. 4 The Kalispell Growth Policy future land use designations anticipates a development such as that being proposed and will be developed with uses anticipated for the area. The proposed zoning encourages the most appropriate land use for this property and throughout the planning jurisdiction. It is recommended that the Kalispell City Planning Board adopt Staff Report #KA-03-3 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning for this property should be R-2, Residential, on approximately 24.38 acres as proposed and indicated on the attached vicinity map upon annexation to the City. M 9 STATE OF MONTANA ) ss County of Flathead County On this day of before me, the undersigned, a,Notar-v 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. my 40 IN WITN-ESS WHEREOF, I have hereunto set my hand and affi.xed `� T ' tary Seal the day and year in this certificate first above written. <%, STATE OF MONTANA ) ss County of Flathead County Residing (y at — My Commiss of Montana expires: On this _day of _ I - before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he; she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and vear in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at IVI-V Commission expires: On this —day of before me, the undersigned, a Notary Public for The State of'Llvlontana, personally appeared I the and and respectively, of the comoration that executed the foregoing instrument, and the persons who executed said instrument on beha lf of said corporation, and acknowledged to me that such corporation executed the same. IN -,VITN'ESS WHEREOF, I have hereunto set my hand and affixed my'Notary Seal the day and year in this certificate tirst above written- Norar-,l ?ubiie. State of Montana Res idim-Y at (73mmission expires Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitv centurytel.net . ca), I --T k1#310 col TO: Kalispell City Staff and Other Interested Parties FROM: Narda. A. Wilson, Senior Planner RE: Kalispell City Planning Board Regular Meeting - April 8, 3003 Agenda Item - Heron Estates Annexation and Preliminary Plat DATE: March 19, 2003 Attached with this memo is information relating to items that will go before the planning board on the above referenced date. You will note that three of the four items were continued from the August meeting because of various unresolved issues. 1. A request by Charles and Michelle Lapp for an initial zoning designation of R-2, Residential, upon annexation to the city of Kalispell on approximately 24.4 acres of property located at the northwest corner of Stillwater Road and Three Mile Drive. The R-2 zoning district is a residential zone that is intended primarily for single family homes with a 9,6000 square foot minimum lot size requirement. Currently the property is located in the county and is zoned R-2, a Suburban Residential zoning district, and SAG-5, a Suburban Agricultural zoning district. 2. A request by Charles and Michelle Lapp for preliminary plat approval of Blue Heron Estates, a 59 lot residential subdivision on the northwest corner of Three Mile Drive and Stillwater Road. All of the lots in the subdivision would be served by public sewer and water and would be developed in accordance with City of Kalispell standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning. These items will go before the Site Development Review Committee in the Kalispell Building Department on the following dates: March 20, 2003 - Initial comments March 27, 2003 - Review Comments Providing Community Planning Assistance To: City of Kalispell - City of Columbia Fails - City of Whitefish Referrals KPB 4/8/03 mtg March 19, 2003 Page 2 Final Comments By: • March 31, 2003 so that they can be incorporated into the staff report. These matters will go before the Kalispell City Planning Board on April 8, 2003 for public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to March 31, 2003 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852. If you need additional information regarding any of these items, please call me. Thank you for taking the time to review and comment on these items. c: w/ attachments: Jim Stewart, Fire Dept. Mike Baker, Parks and Rec Chris Kukulski, City Manager PJ. Sorenson, Zoning Administrator Roger Kraus, Police Dept. Dick Amerman, City Engineer Frank Castle, Civil Engineer Jim Hansz, Director Public Works Sandy Wheeler, Community Redevelopment Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney Steve Herzog, MDOT Charlie Johnson, Co. Rd. Superintendent Applicant / Owner H: \... \AGREF\KAL1SPELL\KPB48REF1 -DOC The Daily inter Lake, Sunday, March 23. 2003 - El ment. All of the lot in junction with the annex - annex - No. the subdivision would be served by public ation of the property and designation of initial NOTICE OF PUBLIC HEARING �pwcr and water and zoning. The property KALISPELL CITY would be developed in accordance with City of can be described as Lot 1 of Subdivision 204 PLANNING BOARD AND ZONING COM- Kalispell standards. The and an approximately PP - 2.5 acre portion of Vo- MISe preliminary plat is being submitted in conjunction gler Subdivision located regular The regular meeting of with the annexation of in Section 2, Township the Kalispell City the property and desig- 28 North, Range 22 Wing Board and Zoning Zonilan-ng nation of initial zoning. West, P.M.M., Flathead Commission is sched- The property can be de- County, Montana. ' uled for Tuesday, April p scribed as a portion of 5. R request by Grant 8, 2003 beginning at Assessor's Tract 5+ lo- Spoklie to amend the 7:00 PM In the Kalispell cated in Section 25, Kalispell Zoning Regula- Citv Council Chambers, Township 29 North, tions to reduce the re- Kaiispeil City Hall, 312 Range 22 West, quired parking for beau - First Avenue East, Ka- P.M.M., Flathead Coun- ty shops and barber lispell. The planning board will hold a public ty, Montana. (A rehear- shops from three spaces per operator to hearing and take public ing on this project is re- quired under the recent- two spaces per operator comments on the follow- ly adopted Kalispell and deleting the refer- ing agenda item. The G. Policy.) ence to an alternative board will make a rec- 3 A request by standard of one space ommendation to the Ka- Charles and Michelle per 100 square feet of lispell City Council who Lapp for an initial zoning gross floor area, which ever is larger; and the will take final action. '; 1. A request LBO Lim- designation of R-2, Res- identiai, upon annexa- requirement for one ited Partnership for an tion to the city of Kalis- space per employee on the largest shift. The initial zoning designa- tion upon annexation to peal on approximately 24.4 acres of property proposed amendment the city of Kalispell on located at the northwest would apply to all barber and beauty shops within approximately 58 acres =` of property located at corner, , of. Stillwater Road- andThree Mite the city zoning jurisdic- the northeast corner of Stillwater Road and Drrve-.''The R-2 zoning district is a residential `Lion. Documents pertaining West Reserve Drive. zone that is intended to these agenda items The proposal would primarily for single-fami- are on file for public in - =spection at the Tri-City designate approximately 48 acres as R-3, Resi- ly homes with a 9,600 square foot minimum lot Planning Office, 17 Sec- dential, a single-family size requirement. Cur- and Street East, Suite 211, Kalispell, MT residential district, and approximately 10 acres rently the property is lo- cated in the county and 59901, and are availa- " `as RA-1, a Low Density is zoned R-2, a Subur- ble for public review during regular office Residential Apartment ban Residential, zoning hours. zoning district. A pre- district and SAG-5, a liminary plat for 128 lots Suburban Agricultural, .Interested persons are as described below is zoning district. A pre- encouraged to attend being filed concurrently liminary plat containing the hearing and make with the annexation and 59 lots as described be- their views and con - zoning request. The low is being filed con- cerns known to the property proposed for currently with the an- Board. Written com- annexation and zoning can be described as a nexation and zoning re- quest. The property can ments may be submit - ted to the Tri-City Plan - portion of Assessor's be described as Lot 1 of ning Office at the above Tract 5+ located in Sec- Subdivision 204 and an address, prior to the tion 25, Township 29 approximately 2.5 acre date of the hearing, or North, Range 22 West, portion of Vogler Subdi- -Section contact Narda Wilson, P.M.M., Flathead Coun- vision located in Senior Planner, at (406) ty, Montana. (A rehear- 2, Township 28 North. 751-1850 for additional ing on this project is re- Range 22 West, information. quired under the recent- P.M.M., Flathead Coun- /s[Thomas R. Jentz ly adopted Kalispell ty, Montana. Thomas R. Jentz Growth Policy.) 4. A request by Planning Director 2. A request Owl Cor- Charles and Michelle March 23. 2003 poration for preliminary Lapp for preliminary plat plat approval of West approval of Blue Heron View Estates, a 128 lot Estates, a 59 lot resi- subdivision located on dential subdivision on the northeast corner of the northwest corner of Stillwater Road and Three Mile Drive and West Reserve Drive. Stillwater Road. All of This olat would create the lots in the subdivi- 127 lots intended for sion would be served by single-family residentiai public sewer and water development on apprcx- and would be develoaed - 8 acres and n accordance with City one'0 creiointendeo of ::alispeil standaros. =or rnuiti—`amiiv anc :he'preliminary plat is 't]�:n mouse leve,c weing suornitted in con- LL LL OU Ml ca > ca > m cn 0- tm c N 4 ol L-n-1 I 1 #C"#, 4 1 Cl) rl I 1 �-41 61 CD (DI (I)! 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