Staff Report/AnnexationFlathead Regional Development Office
723 Sth Avenue East -Room 414
Kalispell, Montana 59901
REPORT TO:
FROM:
SUBJECT
MEETING DATE:
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Ashley Park Phase III Annexation and Initial zoning
January 3, 2000
BACKGROUND: This is a request for the annexation of Ashley Park Phase III
subdivision, a 33 lot residential subdivision located on the west side of Airport Road
and South of Ashley Creek. The subdivision contains approximately 8.41 acres.
Currently this property is located in the County zoning jurisdiction and is zoned R-4, a
Two Family Residential zoning district which is intended primarily for single family and
duplex dwellings. An R-4, Two Family Residential, City zoning designation is proposed
for the subdivision. The proposed zoning will comply with other zoning for other phases
of Ashley Park subdivision and other zoning in the area. This matter went to the
planning board for public hearing and consideration on December 14, 1999. The
planning board is unanimously recommending that the property be zoned R-4 upon
annexation into the city.
In addition to the annexation request, the final plat for Ashley Park Phase III has been
submitted. This final plat is being forwarded to the council concurrent with the
annexation request. It would be appropriate for the council to consider the
annexation request prior to the final plat.
RECOMMENDATION: A motion to adopt the resolution amending the city limits
boundaries to include this property and the ordinance to zone it R-4 upon annexation
would be appropriate.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
p
Narda A. `Wf4son Chris A. Kukulski
Senior Planner City Manager
Report compiled: December 22, 1999
Attachments: Letter of transmittal
Staff report KA-99-7 and back-up materials
Draft planning board minutes
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of whitefish 9
and should be able to have a determination sent by next week.
MOTION Sipe moved and Heinecke seconded to adopt staff report KCU-
99-1 o as findings of fact and, based on these findings,
recommend to the Kalispell City council that the conditional use
permit be granted subject to the three conditions as outlined in
the staff report. On a roll call vote all members voted Aye. The
motion to recommend approval of the conditional use permit
passed unanimously.
SOMMERS LAND CO. / A request by Somers Land Co. for annexation of Ashley Park
ASHLER'' PARK PHASE Phase III into the city of Kalispell and initial zoning of R-4 for
III ANNEXATION approximately 8.44 acres
STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-7 in
which staff recommends initial zoning of R-4, a Residential
District, upon annexation into the City of Kalispell. Ashley Park
Phase III is ready to go to final plat and the staff has gone
through the evaluation criteria. The annexation and final plat
would be submitted to council together.
Johnson asked if the South Kalispell Rural Fire Department had
a problem, and Wilson stated that they had not commented and
so she did not know if they had a problem with it.
PUBLIC HEARING The public hearing was opened and no one wished to speak and
the public hearing was closed.
BOARD DISCUSSION There was no board discussion.
MOTION Stevens moved and Garberg seconded to adopt staff report KA--
99-7 as findings of fact and, based on these findings,
recommend initial zoning of R-4, a Residential zone, upon
annexation into the city of Kalispell. On a roll call vote all
members voted Aye. The motion to recommend initial zoning of
R-4 passed unanimously.
BUFFALO CHIP A request by Buffalo Chip Partners for annexation of Buffalo
PARTNERS Stage Phase IV into the city of Kalispell and initial zoning of RA -
ANNEXATION AND 1 for approximately 5 . S 8 acres.
INITIAL ZONING
STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave
a presentation on staff report KA--99-6 in which staff
recommends initial zoning of RA-1, Low Density Residential
Apartment upon annexation.
Heinecke asked if it was near Edgerton School and was
answered yes.
PUBLIC HEARING The public hearing was opened and no one wished to speak and
Kalispell City -County Planning Board
December 14, 1999 Meeting Minutes
Page 13 of 16
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
December 22, 1999
Chris Kukulski, City Manager
City of Kalispell
P.C. Box 1997
Kalispell, MT 59903
Re: Ashley Park Phase III Annexation and Initial Zoning
Dear Chris:
The Kalispell City -County Planning Board met on December 14, 1999, and held a public
hearing to consider a request by the Somers Land Company for initial zoning of R-4, a Two
Family Residential District, upon annexation into the city. The property proposed for
annexation is an approximate 5.41 acre portion of a tract located in the southwest part of
Kalispell. This subdivision contains 30 residential lots. The final plat for Ashley Park Phase
III is being submitted for council approval concurrent with the request for annexation.
Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-7
evaluating the proposed R-4 zoning upon annexation. She recommended that the board
forward a recommendation for the R-4 zoning. Wilson noted that the current County zoning
is R-4 and is essentially the same as the requested City zoning.
At the public hearing no one spoke for or against this application.
A motion was made to adopt staff report KA- 9 9 -7 as findings of fact and recommend to the
council that the property be zoned R-4 upon annexation. On a roll call vote the motion
passed by unanimous vote. Attached Exhibit A describes the annexation boundaries.
Please schedule this matter for the January 3, 2000 regular city council meeting. You may
contact this board or Narda Wilson at the Flathead Regional Development Office if you have
any questions regarding this matter.
'ncerely
(Kalispell Cityoun Planning Board
r
_jean A. Jo son
President
Providing Community Planning Assistance To:
■ Flathead County 9 City of Columbia Falls ■ City of Kalispell • City of Whitefish ■
Ashley Park Phase III Annexation and Initial Zoning
December 22, 1999
Page 2
JJ/NW/tl
Attachments: Exhibit A -annexation boundaries
Original petition to annex and lire district withdrawl
Staff report KA-99-7 and application materials
Draft minutes 12/ 14/ 1999 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
e w/o Att: Somers Land Company, 1995 Third Ave. East, Kalispell, MT 59901
H: \FRDo \TRANSMIT \ KALISPEL \ 1999 \KA99-o7.DoC
ASHLEY PARK PHASE III
REQUEST FOR ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KA-99-7
DECEMBER 7, 1999
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding the annexation and initial zoning of Ashley Park Phase III. A hearing has
been scheduled before the Kalispell City -County Planning Board for December 14, 1999
beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning Board will
forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
The developer has petitioned annexation and initial zoning concurrent with application
for final plat approval of Ashley Park Subdivision, Phase III, a 30 lot residential
subdivision in southwest Kalispell. This report evaluates the appropriate assignment of
a city zoning classification m` accordance with Section 27.03.010(4) of the Kalispell
Zoning Ordinance. The Ashley Park Phase III properties will be annexed under the
provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The
final plat for Ashley Park Phase III has been submitted concurrently with the petition for
annexation and will require consideration by the city council after the property has been
annexed. The commissioners have granted an extension on the subdivision until
February 4, 2000 to allow time for the annexation and subsequent final plat approval by
the city council. Improvements for the subdivision have not been completed with
approximately 17 percent having been done. The developer is proposing a subdivision
improvements agreement and posting collateral in the form of a letter of credit for 125
percent of the remaining improvements required.
PROPOSED ZONING CLASSIFICATION
The applicant has proposed a zoning classification of R-4, a Residential district, under
the City of Kalispell Zoning ordinance. Currently, the property is zoned County R-4, a
Two Family Residential district, under the Flathead county zoning Regulations.
A. Petitioner and Owners: Dennis Carver
Somers Land Company
1995 Third Avenue East
Kalispell, MT 59901
(406)257-8240
B. Location and Legal Description of Property: The property proposed for
annexation is located in the southwest part of Kalispell and is the third phase of
the Ashley Park subdivision. It contains approximately 8.41 acres. The property
can be described as a portion of Assessor's Tract 4+ located in the north half of
the southeast quarter of Section 19. Township 28 North, Range 21 West, P. M . M . ,
Flathead county, Montana.
C. Existing zoning: Existing zoning on this property is County R-4, a Two -Family
Residential district which is a residential district which allows duplexes and
0
5.
A
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Adequate access, turnaround and water supply is available to the site in the case
of a fire. No features on the property exist which would compromise the safety of
the public. New construction will be required to be in compliance with the
building safety codes of the City which relate to fire and building safety. All
municipal services including police and fire protection, water and sewer service is
available to the area and will be extended as part of the development of this
subdivision.
Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and promoting the goals of the Master Plan.
Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell zoning ordinance to insure adequate light and air
is provided.
Will the reguested zone revent the overcrowdin of land?
A change in zone from county R-4 to City R-4 will not result in any increase in
the density beyond that which is currently allowed. All public services and
facilities will be available to serve this subdivision. This zone change will not
result in an overcrowding of land.
Will the requested zone avoid undue concentration of eo le?
Minimum lot standards and use standards as well as subdivision development
standards will avoid the undue concentration of people at the time the property is
developed.
Will the requested zone facilitate the adequate provision of transportation, water,
sewerage schools arks and other public re uirernents?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
Does the requested zone yive consideration to the particular suitability of the
property for particular uses?
The proposed R--4 zoning district is consistent with the surrounding zoning and
land uses in the area and gives due consideration of the suitability of this
property for the permitted uses in the district.
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Preliminary flat for Kelsey Subdivision - East Reserve Drive and LaSalle Rd,
Zone Change from R-3 to R-5 on Meridian Rd. and Three Mile Dr.
Conditional Use Permit for NW Health Care Central Plant
Various Annexations
The regular meeting of the Kalispell city -county Planning Board and zoning Commission is
scheduled for Tuesday, December 14, 1999, beginning at 7:00 PM in the Kalispell city
Council chambers, Kalispell city Hall, 312 First Avenue East, Kalispell. During the regularly
scheduled meeting of the. planning board, the board will hold public hearings and take public
comments on the following agenda items. The board will make recommendations to the
Kalispell city council and f or Board of County commissioners who will take final action:
To the Board of County Commissioners:
1. A request by Andrew Farris for preliminary plat approval of Kelsey Subdivision, a 33 lot
residential cluster subdivision on approximately 18 acres in the Evergreen and Vicinity
Zoning District. The property is zoned R-2, a One Family Limited Residential zone
requiring a minimum 20,000 square foot lot size. Because this is being filed as a cluster
subdivision, a conditional use permit will be required to allow the creation of lots varying
in size between 10,000 square feet and 15,868 square feet. The cluster design has been
used to cluster the higher density lots near the center of the property with open space
areas near the perimeter of the site which will also accommodate a community drainfield.
Water will be provided by the Evergreen Water and Sewer District and sewage treatment
will be provided through the use of an on -site community drainf eid system for the
majority of the lots and the use of Evergreen sewer on the lots fronting along East Reserve
Drive. The property can be described as Assessor's Tract 7 located in Section 28,
Township 29 North, Range 21 West, P.M. M . , Flathead County, Montana.
To the Kalispell city Council:
2. A request by Telmon, Inc. on behalf of Doris Hulbert for a zone change from R-3, a
Residential zoning designation, to R-S, a Residential / Professional Office zoning
designation on approximately 2.0 acres. This property is located west of North Meridian
Road approximately 200 feet on the north side of Three Mile Drive in Kalispell. The
purpose for rezoning this property is for the construction of professional office buildings.
The property address is 33 Three Mile Drive and can be further described as the east 264
feet of the west 396 feet of the south half of Lot 20, Block 1, Northwest 'Tracts located in
Section 1, 'Township 28 North, Range 22 West, P. M . M . , Flathead county, Montana, and as
further described in Exhibit A.
3. A request by Northwest Health care for a conditional use permit to allow the construction
of a new central plant facility for the Kalispell Regional Medical Center in an H-1, Health
Care, zoning district. The central plant facility will contain boilers and chillers for heating
and cooling, laundry facilities, maintenance offices and emergency pourer generators. A
parking lot will also be constructed north of the central plant as part of this proposal. The
area where this facility will be constructed is east of the existing hospital building and will
replace the existing plant. This property is located on the south side of Sunnyview Lane
Drive and east of Highway 93. The property address is 310 Sunnyview Lane can be
further described as Assessor's Tract 6E located in Section 6, Township 28 North, Range
21 Vest, P. M . M . , Flathead county, Montana.
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VICINITY MAP
SOMERS LAND CO.
REQUEST FOR ANNEXATION OF
ASHLEY PARK PHASE III AND
INITIAL ZONING OF R-4, TWO FAMILY RESIDENTIAL
nN APPROX. 8.44 ACRES
PLOT DATE:11/23/99
FILE # KA-99-7 SCALE 1 " = 5 0 0' H:\gjz\du\XA99_7.D"G
6B
PETITION NO.
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
PETITION FOR ANNEXATION TO CITY
COME NOW the undersigned and respectfully petition the City
Council of the City of Kalispell requesting City annexation of the
following real property into the City of Kalispell and to remove
the following real property from the Rural
Fire District.
The petitioner(s) requesting City of Kalispell annexation of
the property described herein 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 within the
rest of the municipality prior to annexation. 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.
Dated this OoiA day of _ _ 0- 7-bee'AO, ^_, 19 .
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
ASHLEY PARK PHASE. III
For Legal Description - see attached Exhibit "A"
PROPERTY ADDRESS:
Obi R
OWNER
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
CONSENT TO ANNEX AGREEMENT
AND
NU"rICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered Into title day of
, 1999 , by and
hereinafter PARTY(S). OF INTEREST INCLUDES OWNER(S),
LIENHOLDER (S) , OR CONTRACT SELLER(S) ] and the CITY OF KALISPELL,
Flathead County, Montana, hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar
and/or other good and valuable consideration to us in hand paid,
and certain promises, mutual terms, Covenants, provisions,
conditions arid, agreements, the receipt and suf ficiency of which
is hereby acknowledged, tho PARTY (S) OF INTEREST, do (eo) hereby
consent to, and hereby do waive any and all right to protest,
which we may have or hereafter acquire in regard thereto, any
attempt or proceedings made or to be made by or with the consent
of the City of Kalispell,, Montana, to annex to and make a part of
said City of Kalispell, and incorporate within its boundaries
property situated in the County of Flathead, State of Montana,
more particularly described on Exhibit "A attached hereto and
which, by this reference, is made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express
an intent to have the property as herein described withdrawn
from the4e, Fire District under the
provisions of Section 7-33--2127, Montana Code Annotated; and
that incorporated into this Consent to ,Annex Agreement 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.
The PARTY (S) OF INTEREST 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 real property,
This City hereby agrees to allow PARTY (S) OF INTEREST to hook
onto tyre City of Kalispell sewer system.
IN TESTIMONY AND WITNESS WHERE, we have hereunto set
our hands and affixed our seals thisZj. day of
19 99 .
PARTY(S) OF INTEREST
C Y F KAL Y S ,3 , L�,
City Manager
ftiu�g Elf
FInait66 Director - CORPORATE
_ s
SEAL _
1
STATE OF MONTANA
ss
County of Flathead
On this2Y\8day of Rovewy\bte- ,199% before me, the
undersigned, a Notary Public for the State of Montana, personally
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,
my Notarial Seal the day
written.
WOTAW N&R MMCA K.
* OTARIAL ReWl% at Kai A WOO
SEAL
C
STATE OF MONTANA
• ss
County of Flathead
I have hereunto set my hand and affixed
and year in this certificate first above
On this day of
undersigned, 4 Notary Public
appeared
the
respectively, of
that executed
executed said
acknowledged to me
Notary Public State of Montana
Residing at
My Commission expires �57j t s (z oQ3
for the State
and
and
199 , before me, the
of Montana personally
r
the foregoing instrument, and
instrument on behalf of said
that such corporation executed the
. the corporation
the persons who
corporation, and
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal the day and year in this certificate- first above
written.
Notary Public, State of Montana
ARsiding at
My Commission expires
STATE OF MONTANA )
• as
County of Flathead )
Ora this c M ` day of 199�, before me, a
Notary Public in and for the State of Montana, personally
appeared 6.4,Q/j .4, ea KuL 5 K I and AMY H . ROBERTSON, known to me to be
the City Manager and Finance Director of the City of Kalispell, a
municipality, that executed the within instrument, and
acknowledged that such City Manager and Finance Director
respectively subscribed, sealed and delivered said instrument as
the free and voluntary act of said municipality, for the uses and
purposes therein setforth, and that they were duly authorized to
execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal, the day and year first above written,
IN4%44,l{r3e,
*
' +''
•
':r-�
Notary Public, State of Montana
�`-�
'`
P;'oiy
Residing at Kalispell, Mont na
.0 ,�
My Commission expires a,7 d 1
LLJ
SOMERS LAND COMPANY, INC. VALLEY BANK OF KALISPELL 1467
1995 THIRD AVENUE EAST KALISPELL, MT 599C1-4447
KALISPELL, MT 59901-5730 93-229/929
11/01/1999
gff
PAY TO THE $ **2.031.33
,Q Z-17r
I
ORDER OF o- p—A
Two Thousand Thirtv-One and
DOLLARS
S ecuTitv feat U res
e�.
FLATHF.AD COUNTY TREASURER Detainduclils on back-
800 SOUTH MAIN
.. . ......... . . .........
KALISPELL MT 59901
...........
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