Staff Report/Annexation & Zoning15510)RA M
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity*centurytel.net
Kalispell Mayor and City Council
Thomas R. Jentz, Director
Chris A. Kukulski, City Manager
Annexation and Initial Zoning of R-4, Two Family Residential, for
Ashley Park Phase V - West Side of Airport Road
August 18, 2003 regular meeting
BACKGROUND: This is a request for annexation and the assignment of initial zoning
for 31.4 acres being annexed into the city located on the west side of Airport Road
and south of Teal Drive. This site contains future phases V - VII of Ashley Park
Subdivision. An approximate 9 acre portion of this site will be platted as Ashley Park
Phase V at this time. The remaining phases VI and VII will be final platted at a latter
time. Phase V contains 25 single family lots and 16 duplex townhouse lots for a total
of 41 dwelling units. The applicant is requesting the assignment of R-4, Two Family
Residential zoning upon annexation into the city. This zoning is consistent with the
existing R-4, Two Family Residential, County zoning and the previous four phases of
Ashley Park subdivision which have been platted and annexed into the City. The
property is being annexed to meet a condition of preliminary plat approval and in
order to receive City services.
On August 12, 2003 the Kalispell City Planning Board held a public hearing to consider
the appropriate zoning for the property upon annexation to the city. Staff recommended
approval of the proposed R-4 zoning and no one spoke at the public hearing. A motion
was made and passed unanimously by the planning board to recommend R-4, Two
Family Residential, zoning upon annexation into the city.
The final plat for Ashley Park Phase V, a residential subdivision that will have 25
single family lots and 16 townhouse lots is being filed concurrently with the
annexation and initial zoning request. The final plat will be acted on as a separate
item for council consideration.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4
zoning upon annexation would be in order.
FISCAL EFFECTS: Some potential positive effects once fully developed.
ALTERNATIVES: As suggested by the city council.
Providing Community Planning Assistance To:
• City of Kalispell - City of Columbia Falls - City of Whitefish •
Ashley Park Phase V Annexation and Initial Zoning
August 13, 2003
Page 2
Respectfully Submitted,
Thomas R. Jentz
Director
Report compiled: August 13, 2003
c: Theresa White, Kalispell City Clerk
Chris A. Kukulski
City Manager
Attachments: Transmittal letter
Staff report KA-03-14 and application materials
Draft minutes from 8/12/03 planning board meeting
H:\FRDO\TRANSMIT\KALISPEL\2003\KA03-14MEMO.DOC
RESOLUTION NO. 4826
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 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS ASHLEY PARK PHASES V-VII
ADDITION NO. 334; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE
KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from the Somers Land Co., the owner of
property located on the west side of Airport Road, south of Ruddy Duck Drive and
west of Merganser Drive in the Ashley Park Subdivision, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Somers Land Co.'s Annexation
Request, #KA-03-14, dated August 5, 2003, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-4, Two Family Residential, on approximately 31.4 acres,
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 Ashley Park Phases V-VII Addition
No. 334.
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 111. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 18TH DAY OF AUGUST, 2003.
Pamela B. Kennedy
Mayor
EyffM3
Theresa White
City Clerk
ASHLEY
(! I�
A TRACT OF LAND, SITUATED, LYING, ♦ t TOWNSHIPBEING IN THE O ♦ t
THE SOUTHEAST
a . . OF ` 28 NORTH, RANGE
r FLATHEAD t a a ♦ t MORE PARTICULARLY
DESCRIBED AS ! • TO
BEGINNING at the northwest corner of the Northwest Quarter of the
Southeast Quarter of Section 19, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary
of said NW1/4SE1/4 N8803911011E 692.53 feet to a found iron pin on
the west boundary of the Plat of ASHLEY PARK, PHASE 3 (records of
Flathead County, Montana); Thence along said boundary S0102112911E
107.05 feet to a found iron pin; Thence S3801313311W 85.62 feet to
a found iron pin; Thence S0102112911E 487.00 feet to a found iron
pin and the southwest corner of said Phase 3; Thence along the
south boundary of said Phase 3, N8803911011E 560.00 feet to the
southeast corner of said Phase 3; Thence along the east boundary
of said Phase 3, N0102112911W 37.00 feet to a found iron pin and the
southwest corner of the Plat of ASHLEY PARK, PHASE 2 (records of
Flathead County, Montana); Thence along the south boundary of said
Phase 2, N8803813111E 286.00 feet to a found iron pin; Thence
S0102112911E 37.00 feet to a found iron pin; Thence N88038131"E
274.00 feet to a found iron pin and the northwest corner of the
Plat of ASHLEY PARK, PHASE 4 (records of Flathead County, Montana);
Thence along the west boundary of said Phase 4, S0102112911E 487.12
feet to a found iron pin; Thence S8803815211W 5.00 feet to a found
iron pin; Thence S0102112911E 169.65 feet to a found iron pin on
the south boundary of the North Half of said Southeast Quarter of
Section 19; Thence leaving said west boundary of Phase 4 and along
said south boundary of said N1/2SE1/4 S8900315211W 1194.31 feet to
the northeasterly R/W of Burlington Northern Railroad; Thence
along said R/W N3604414711W 586.27 feet to a found iron pin and the
P.C. of a 5399.14 foot radius curve, concave southwesterly, having
a central angle of 02055100"; Thence along an arc length of 274.85
feet to a found iron pin; Thence N3903914711W 103.97 feet to a
found iron pin on the west boundary of said NW1/4SE1/4; Thence
leaving said R/W and along said west boundary N00016100t1W 528.89
feet to the point of beginning and containing 31.395 ACRES;
Subject to and together with all appurtenant easements of record.
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
August 13, 2003
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity*centurytel.net
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of R-4, Two Family Residential, for Ashley Park
Phase V - VII - West Side of Airport Road
Dear Chris:
The Kalispell City Planning Board met on August 12, 2003, and held a public hearing
to consider initial zoning for 31.4 acres of land located on the west side of Airport Road
and south of Teal Drive proposed for annexation to the city. A 9 acre portion of this
property lying south of Ruddy Dick Drive will be platted as Phase V of Ashley Park
Subdivision concurrent with the request to annex the larger area. This phase Will
contain 25 single family lots and 16 duplex townhouse lots for a total of 41 dwelling
units. The property is currently in the County zoning jurisdiction and is zoned R-4,
Two Family Residential. The proposed zoning is consistent with the existing County
zoning and zoning assigned to the other four phases of Ashley Park subdivision.
Tom Jentz with the Tri-City Planning Office presented staff report #KA-03-14,
evaluating the proposed zoning noting that the proposed zoning is consistent with the
existing zoning and other phases of the subdivision. No one spoke at the public
hearing.
After the public hearing the board discussed the zoning for the property. A motion
was made and passed unanimously to forward a recommendation that initial zoning
for this property should be R-4, Two Family Residential, upon annexation.
Please schedule this matter for city council consideration at your earliest convenience.
You may contact this board or Tom Jentz at the Tri-City Planning Office if you have
any questions regarding this matter.
Sincerely,
Kalispell ay Planning Board
<G4eorTaylor
President 4-, 11
Providing Community Planning Assistance To:
• City of Kalispell - City of Columbia Falls - City of Whitefish •
Ashley Park Phase V
August 13, 2003
Page 2
RVN/NW
Annexation and Initial Zoning
Attachments: Original petition to annex and legal description
Staff report #KA-03-14
Draft minutes 8/12/02 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Somers Land Co., 1995 Third Ave East, Kalispell NIT 59901
H:\FRDO\TRANSMIT\KALISPEL\2003\KA03-14.DOC
Ashley Park Phase V
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 Dwelling Units within the Subdivision
41
Estimated Increase in Population: (based on US Census Figure of 2.2 per household)
90
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 1780)
• 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 - 6,800
• Number of units x square foot x 0.0029
Total Anticipated Cost of Services:
•1 x •::' = '.::••
90 x 110.00 = $9,900
90 x 39.48 = $3,553
none for five years
1780 x 1.14 = $2,029
1780 x 3.44 = $6,123
1780 x 5.50 = $9,790
6,800 x 4 Ix 0.0029 = $809
$41,100
1
Anticipated Revenue Generated
Assessments based on square footage:
Average square foot per lot: 6,800
Storm sewer assessment $0.0029 per square foot
Revenue from storm sewer assessments 41 x 6,800 x 0.0029 = $809
• Street maintenance assessment $0.0059 per square foot
Revenue from street maintenance assessments 41x 6,800 x 0.0059 = $1,645
Urban forestry assessment $0.00135 per square foot
Revenue from urban forestry assessments 4 Ix 6,800 x 0.00 135= $376
Special Assessments: There are no special assessments.
General revenue•
• Assessed value per dwelling: $175,000
Total assessed value: 41 x 175,000 = $7,175,000
Total taxable: 7,175,000 x 0.03543 = $254,2 10
• Total additional general revenue based on 152.39 mill levy:
Total Additional Annual Revenue:
254,210 x .15239 = $38,739
$41,569
NOTE: 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/ KA03-14COSTOFSVCS
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
AUGUST 12, 2003
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Jean Johnson, Rick Hull, Jim
Atkinson, Sue Ellyn Anderson and Timothy Norton. George
Taylor and John Hinchey were absent. Tom Jentz
represented the Tri-City Planning Office. There were four
people in the audience.
APPROVAL OF MINUTES
Johnson moved and Anderson seconded to approve the
minutes of the Kalispell City Planning Board and Zoning
Commission regular meeting of July 8, 2003.
The motion passed unanimously on a vote by acclamation.
HEAR THE PUBLIC
No one wished to speak.
SOMERS LAND COMPANY
A request by Somers Land Company for an initial zoning
INITIAL ZONING UPON
designation of R-4, Two Family Residential, on approximately
ANNEXATION
31.4 acres located on the west side of Airport Road, south of
Ruddy Duck Road in the Ashley Park Subdivision upon
annexation to the City of Kalispell.
STAFF REPORT
Tom Jentz, with the Tri-City Planning Office, gave a
#KA-03-14
presentation of staff report KA-03-14, a request for initial
zoning upon annexation of approximately 31.4 acres located
on the west side of Airport Road, and south of Ruddy Duck
Road in the Ashley Park Subdivision.
Jentz said that this project was approved in the county, and
the first seven phases have already been platted. Ashley Park
Phases V, VI and VII are the last three phases of the project.
The request for R-4 zoning is compatible with the existing
bases.
PUBLIC HEARING
The public hearing was opened to those who wished to speak
on the issue.
APPLICANT/AGENCIES
No one wished to speak.
PUBLIC COMMENT
No one wished to speak and the public hearing was closed.
MOTION
Anderson moved and Johnson seconded to adopt staff report
KA-03-14 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the initial
zoning for this property should be R-4, Two Family
Residential on approximately 31.4 acres upon annexation to
Kalispell City Planning Board
Minutes of the meeting of August 12, 2003
Page 1 of 3
the City of Kalispell.
BOARD DISCUSSION
There was no board discussion.
ROLL CALL
The motion passed unanimously on a roll call vote.
NATIONAL FLOOD
A request by National Flood Services, Inc. for a zone change
SERVICES ZONE CHANGE
from RA- 1, Low Density Residential Apartment, to B-3,
REQUEST
Community Business, in order to expand their corporate
headquarters.
STAFF REPORT
Tom Jentz, with the Tri-City Planning Office, gave a
KZC-03-2
presentation of staff report KZC-03-2, a request by National
Flood Services, Inc. for a zone change from RA- 1, Residential
Apartment, to B-3, Community Business.
Jentz said that the zone change would be on 2.75 acres
which is located immediately north of their existing corporate
headquarters. The proposed bypass would run to the south
of Corporate Way, giving them excellent access. The property
is bounded by a stream and B-3 zoning on three sides, and
National Flood would like to extend the B-3 zoning. He stated
that this is an intense area of commercial development, and
it is right on the fringe between commercial and residential
development.
Jentz showed a proposed site plan and said the existing
residence on the property will be removed.
PUBLIC HEARING
The public hearing was opened to those who wished to speak
on the issue.
APPLICANTS/AGENCIES
Curtis Lund, 3030 Airport Road, president of National Flood,
said that they have two products, flood insurance and
homeowner's insurance. He stated that they are a business
process outsourcer (they do everything), currently servicing
100,000 agents and 71 insurance companies across the
nation. He stated that they have acquired three companies in
the last five years and would like to expand because they are
moving a portion of the new companies here from Tampa, FL
and Washington D.C. into a centralized location. He stated
that their building is 54,000 square feet now, and they would
like to add about 21,000 square feet.
PUBLIC COMMENT
No one wished to speak and the public hearing was closed.
Kalispell City Planning Board
Minutes of the meeting of August 12, 2003
Page 2 of 3
MOTION
Atkinson moved and Johnson seconded to adopt staff report
KZC-03-2 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the proposed
zone change from RA-1 to B-3 be approved.
BOARD DISCUSSION
Hull commented that Springcreek runs alongside the
property, and there has been an agreement to not fill the
creek any longer. The owner was aware of the agreement.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
There was no old business.
NEW BUSINESS
Norton was asked by Taylor to set a timeframe for the work
program recently affirmed by the City Council.
Hull suggested the board meet every other Tuesday for work
sessions.
Jentz suggested that short agenda meetings could also be
used for workshops.
The board decided that light board meetings and 4th
Tuesdays could be used for workshop items, and that they
would adjourn by 9:00 p.m. on workshop nights, beginning
in September.
ADJOURNMENT
The meeting was adjourned at approximately 7:30 p.m. The
next meeting of the Kalispell City Planning Board and Zoning
Commission will be held on Tuesday, September 9, 2003.
George Taylor
President
Judi Funk
Recording Secretary
APPROVED as submitted/corrected: / /03
Kalispell City Planning Board
Minutes of the meeting of August 12, 2003
Page 3 of 3
ASHLEY PARK PHASE V / SOMERS LAND CO.
REQUEST FOR INITIAL ZONING UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-03-14
AUGUST 5, 2003
A report to the Kalispell City Planning Board and the Kalispell City Council regarding an
initial zoning designation of R-4 upon annexation to the city of Kalispell. A public hearing
has been scheduled before the Kalispell City Planning Board and Zoning Commission for
August 12, 2003, beginning at 7:00 PM, to consider appropriate zoning for the area
proposed to be annexed. The planning board will forward a recommendation for
appropriate zoning to the Kalispell City Council for consideration.
The developer has petitioned for annexation and an initial zoning designation of R-4, a Two -
Family Residential district, on 31.4 acres on the west side of Airport Road, south of Ruddy
Duck Drive and west of Merganser Drive in Ashley Park Subdivision. There is a preliminary
plat for this subdivision that consists of seven phases. This property will be platted as
Ashley Park Phase V - VII when the final plats are filed. Currently the property is zoned
County R-4, a Two -Family Residential district, under the Flathead County Zoning
Regulations. 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 Kalispell City Council has annexed other phases of the Ashley Park Subdivision with
previous phases of the plat which have been zoned City R-4, Two -Family Residential. This
property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610,
M.C.A., Annexation by Petition.
A. Petitioner: Somers Land Co.
Dennis F. Carver, President
1995 Third Ave East
Kalispell, MT 59901
(406) 257-6202
B. Location and Legal Description of Property: This is a request by Somers Land Co.
for annexation into the city of Kalispell and an initial zoning designation of R-4,
Residential, for what will be platted as Ashley Park Phase V - VII. The property
proposed for annexation can be described as a portion of Assessors Tract 4+ in Section
19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Existing Zoning: The properties proposed for annexation are in the County zoning
jurisdiction and are in the West Side Zoning District. The property proposed for
annexation is currently zoned R-4, Two -Family Residential. This district is defined as
"A residential district with minimum lot areas. Development within the district will
require all public utilities and all community facilities. Duplexes are allowed in this
district." Permitted uses in this district are generally limited to residential uses. The
conditionally permitted uses allow some non-residential uses but those are limited to
churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf
courses. The minimum lot size requirement of the County R-4 zoning district is 6,000
square feet.
KA-03-14
D. Proposed Zoning: The proposed R-4, Two -Family Residential, zone allows duplexes
and single-family residences as permitted uses and has a minimum lot size
requirement of 6,000 square feet and a width of 50 feet. The proposed City R-4 district
more closely reflects the existing and intended uses for the subdivision and is
essentially identical to the County zoning designation.
E. Size: The area proposed for annexation and zoning contains approximately 9.085
acres.
F. Existing Land Use: The property proposed for annexation is currently vacant land
proposed to be utilized for residential construction as part of future phases of the
Ashley Park subdivision.
G. Adjacent Land Uses and Zoning: The land use in the area is primarily single-family
residential along with some duplex town homes within the Ashley Park Subdivision to
the north. Other surrounding uses are undeveloped phases of the subdivision and
lower density residential uses.
H. General Land Use Character: The general land use character of the area surrounding
the subdivision can be described as primarily residential, but with some non-
residential uses that would generally be considered support services such as a park.
The east side of Airport Road has some non-residential uses. To the south lie
unincorporated rural lands.
I. Utilities and Public Services: All available public services and facilities Will be
provided to these properties at the same level of service as other properties similarly
situated in the city limits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
M�M*MoMwi WIVIIIII to vydrej Z41 it 05)
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.
1. Does the requested zone comply with the Growth Policy Plan?
The property proposed for annexation is within the jurisdiction of the Kalispell City
Growth Policy. The growth policy map designates this area as Urban Residential.
Staff is recommending that the property be given a City zoning designation of R-4,
Two -Family Residential. The recommended zoning designation complies with the
growth policy for the area and is consistent with other phases of the subdivision that
have been annexed.
KA-03-14
Page 2 of 4
RIA
3
a
5
7
L-11
a
Is the requested zone designed to lessen congestion in the streets?
No significant increase in the impacts to the area will be created from annexing these
properties into the City. The uses would be consistent with those anticipated in the
area.
Will the requested zone secure safety from fire, -panic, and other dangers?
No features on the property exist which would compromise the safety of the public.
Any new construction would be required to be in compliance with the building safety
codes of the City which relate to fire and building safety. Adequate access is
available to accommodate emergency vehicles and life safety equipment.
Will the requested zone -promote the health and general welfare?
The proposed zoning classification will promote the health and general welfare by
helping to promote the goals of the Growth Policy for the area and encouraging
compatible uses in the area. It will also assist in the orderly development of future
phases of Ashley Park Subdivision.
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. Proposed development standards under the City R-4 zoning are similar to
the existing County R-4 zoning.
Will the requested zone prevent the overcrowding of land?
The proposed zoning designation attempts to provide some consistency in the
development standards that are currently in place and have governed the
development of the area since its inception. The proposed zoning attempts to prevent
the overcrowding of land by providing similar standards.
Will the requested zone avoid undue concentration of -people?
Minimum lot standards and use standards, as well as subdivision development
standards, will avoid the undue concentration of people at the time future properties
are developed.
Will the requested zone facilitate the adequate -Provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Services to the area will be provided on a basis that is consistent with all
other properties inside the City limits.
Does the requested zone give consideration to the -particular suitability of the
property for particular uses?
The proposed zoning designation is generally consistent with the land use
designations of the growth policy and with the existing uses that have developed in
the area. The zoning gives adequate consideration to the suitability of the land
KA-03-14
Page 3 of 4
proposed for zoning. The proposed zoning would support the approved preliminary
plat phases for Ashley Park Subdivision.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is primarily single-family residential with some
duplex town homes. In addition there are supporting uses such as the park and
other uses on the east side of Airport Road in the area. The proposed zoning has a
residential designation that is consistent with other phases of the subdivision and
current County zoning.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the proposed zoning
would accommodate the intended uses for the area in the future.
12. Will the requested zone encourage the most appropriate use of the land throughout
the municipality?
The proposed zoning is in substantial compliance with the Kalispell Growth Policy
and is intended to reflect the goals for the municipality as well as the immediate
community.
SUMMARY AND DISCUSSION
The proposed City R-4 zoning is the same zoning that has been assigned to other phases of
this subdivision and is a continuation of the same pattern of development. Extension of
services to the site to City standards will take place as part of the development of the
subdivision. Adequate access is available to serve the property and any future development
will be consistent and compatible with existing development in the area. Public services and
the facilities serving this subdivision will be extended and constructed in accordance with the
City of Kalispell Extension of Services Plan and the Kalispell Design and Construction
Standards.
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-03-14 as findings of fact and forward a recommendation to Kalispell City
Council to adopt R-4, Two -Family Residential, upon annexation.
NOW. -I
KA-03-14
Page 4 of 4
Tri-City PUnnigg Offike
17 Second St, Cast, Suite 211
Kidispelf, MT 59"1
Phone (406) 751-I8SA Faw. (406) 751-ISSS
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT: SOMERS LAND COMPANY
MAIL ADDRESS: 1995 3'0 Ave East
CITYISTATEIZIP, KALISPELL, NIT $9901 PHONE. 2571642
INTEREST.rN PROPERTY- DEVELOPER
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: SANDS W-MVEYING, INC
MAIL ADDRESS: 2 VILLAGE LOOP
CITY/STATEIZIP- KALISPELL.MT 59901 PHONE- 755-6480
INTEREST IN PROPERTY-. !EQ UNIC-AL SUPPORT
PLEASE COMPLETE THE FOLLOWING:
Addz%,ss ofthe property: NOT ADDRESSED AS OF YET RECEIVED
Logal Description:
(Lot and Block of Subdivision; Tract #) JUN 3 ,D 2003
(Sectim Township, Range) (Attacb metes and bounds as F-dibit, A) TM-C" PLANPIHNG OFFIC-7
The present zoning of the above property is.- C01INTY R4
Tlic proposed zoning of the above property is,, KALISPELL R-4
State the changed or changing conditions that make the proposed amendinent, nezessary:
THE FRO"ILTY is ADJACENT To xUaSPELL, CXTY Lam s-THE Rz—V=X175R
WOU7,I) LIKE TO UTILIZE CITY W-ATER—AND SEVER FOR HIGHER DE78�PY
best inforniation available and further grants approval for Tri-City Planning staff to be prea= on the
Rroperty fnr routivzawT�Et•t� the annexation process,
bib /a 0 0
(Date)
PETITION NO.:
PETMON TO ANNEX
.AND
NOTTCE OF WfTHDRAWAL FRONT 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
ft*er 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 albstandally the same basis and in the same manner as suen services
are provided or made available to other properties within the rem of the Municipality.
Petitioner(s) hereby state thatthere is no need to prepare a Mumcipal A=exaum Service Plan for
this annexa-don pursa= to Sxdon 72-4610, MC.A. since the parties are in agreement as to the
provision 0j municipal servizts to the property requested to be =nexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the Ali,-Ppll Rural Fire District under the provisions of Section
7-33-2127, Montana: Code AnnetabA, 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 ftar said district.
In the event the property is not immediately annexed, the Petitioner(s) ffirther 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 ofthe above desedbed property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities froth the City of
Kalispell.
Petitioner/Owner
Please return this petition to:
Tri-City Planning Office
17 2ad St Fast, Suite 211
Kalispell. NU 59901
NOTE- Attach Exhibit A
STATE OF MONTANA )
: SS
County of 'Flathead 'County
On this day of %'j U, he- before rne, the undersigned, a Notary Public for
the state of morrL_=, personally appeared _.I-vnnj5F. 0,40-upr . known
to me to be the person whose name is subscribed -to the foregoing instrument and acknowledged
to me that hetsfte executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed =MN Seat the day and
year in this certificate first above written.
DEE BRECHEL Public State of ntana.
WWPUBLIC -STATE UWANA Residing at ali
RtSkInt at Kdspd Montana MyCommission e:.;4iTres: _Uc 002
of commkilon Dee, M&W-L
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 nme 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 Seat the day and
year in this certificate first above written.
Notary Public� State Of Montana
Residing at
My Cornirussion expires.
STATE OF MONTANA
ss
County of Fladiead
On this Rotary Public for
_AaY of before me, the undersigned, a I
The State of Montana., personallyappeared P the and and
, respectively, of the
corpor,jtion that executed the f=gourg insauntent, and die persorts wha execuWd said imsTrument
on behalf of said =Voradon, wd aamcwledged to rat *a such corpomim executed the sme,
hl� I have hereunto set my fiand anci a2h--XM=. 11
year in this certcate first abow written.
Notary Publiz, state of
Residing at
My Conunission expires
PETITIOft AO -
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
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 idh �LaiL 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.
1-
Dated this day of Lky\e-, a003.
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
6-4-7
.-.FoR L A)Apu-V)e6 6vit-b'k�,A "A
PROPERTY ADDRESS. LeY
OWNER
. Lk,,
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
EXHIBIT `
ASHLEY PARK PHASES •
F915&014-�M Z
A TRACT OFLAND,SITUATED, LYING, AND BEING IN THE NORTHOF
THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS # * TO
BEGINNING at the northwest corner of the Northwest Quarter of the
Southeast Quarter of Section 19, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary
of said NWI/4SE1/4 N88039110"E 692.53 feet to a found iron pin on
the west boundary of the Plat of ASHLER PARK, PHASE 3 (records of
Flathead County, Montana); Thence along said boundary S01021129t4E
107.05 feet to a found iron pin; Thence S38013' 3311W 85.62 feet to
a found iron pin; Thence S0102112911E 487.00 feet to a found iron
pin and the southwest corner of said Phase 3; Thence along the
south boundary of said Phase 3, N8803911011E 560.00 feet to the
southeast corner of said Phase 3; Thence along the east boundary
of said Phase 3, N0102112911W 37.00 feet to a found iron pin and the
southwest corner of the Plat of ASHLEY PARK, PHASE 2 (records of
Flathead County, Montana); Thence along the south boundary of said
Phase 2, N8803813111E 286.00 feet to a found iron pin; Thence
S0102112911E 37.00 feet to a found iron pin; Thence N8803813111E
274.00 feet to a found iron pin and the northwest corner of the
Plat of ASHLEY PARK, PHASE 4 (records of Flathead County, Montana);
Thence along the west boundary of said Phase 4, S0102112911E 487.12
feet to a found iron pin; Thence S88038'52"W 5.00 feet to a found
iron pin; Thence S0102112911E 169.65 feet to a found iron pin on
the south boundary of the North Half of said Southeast Quarter of
Section 19; Thence leaving said west boundary of Phase 4 and along
said south boundary of said NI/2SE1/4 S8900315211W 1194.31 feet to
the northeasterly R/W of Burlington Northern Railroad; Thence
along said R/W N3604414711W 586.27 feet to a found iron pin and the
P.C. of a 5399.14 foot radius curve, concave southwesterly, having
a central angle of 02055100"; Thence along an arc length of 274.85
feet to a found iron pin; Thence N39039147"W 103.97 feet to a
found iron pin on the west boundary of said NW1/4SE1/4; Thence
leaving said R/W and along said west boundary N0001610011W 528.89
feet to the point of beginning and containing 31.395 ACRES;
Subject to and together with all appurtenant easements of record.
4BG sUbiiS& Prope 2E 2A
4B+ R44 R-f
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4BCMA+ MUNN R95
4BCA + q 14 T
I
VICINITY MAP
SOMERS LAND COMPANY
ASHLEY PARK PHASE V, VI & VII APPROX. 31.3 ACRES
INITIAL ZONING UPON ANNEXATION
OF R-4, TWO FAMILY RESIDENTIAL
FROM R-4, TWO FAMILY RESIDENTIAL, COUNTY ZONING
PLOT DAM: 7/11/03
FILE # KA-03-14 SCALE 1" = 400' IL*\.gis\sfte\ka03—l4.dwg
ORDINANCE NO. 1479
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS ASHLEY PARK PHASES V-VII ADDITION NO.334
AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 19, TOWNSHIP
28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY RESIDENTIAL) TO CITY R-4
(TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Somers Land Co., the owner 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-4, Two Family Residential, upon annexation, and
WHEREAS, the property is located on the west side of Airport Road, south of Ruddy Duck Drive
and west of Merganser Drive in the Ashley Park subdivision, and
WHEREAS, the petition of Somers Land Co. was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-14, dated August 5, 2003, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned R-4, Two 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-4, Two Family Residential,
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Two 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-03-14.
NOW •• BE IT ORDAINED • OF OF
KALISPELL• •
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell
Zoning Ordinance, (Ordinance No. 1460) is hereby amended by
designating the property described on Exhibit "A" as R-4, Two
Family Residential, upon annexation.
SECTION H. 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 111. 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 2ND DAY OF SEPTEMBER, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk