Staff Report/Annexation, Zoning & Preliminary PlatTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
July 16, 2002
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 IV - West Side of Airport Road
Dear Chris:
The Kalispell City Planning Board met on July 9, 2002, and held a public hearing to
consider initial zoning for property located on the west side of Airport Road and south
of Teal Drive proposed for annexation to the city. The property to be annexed will be
platted as Ashley Park Phase IV, a residential subdivision on approximately 10.445
acres. 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 three phases of Ashley Park subdivision.
Narda Wilson with the Tri-City Planning Office presented staff report #KA-02-9,
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 Narda Wilson at the Tri-City Planning Office if you have
any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Ron Van Natta
President
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Ashley Park Phase IV Annexation and Initial Zoning
July 16, 2002
Page 2
RVN/NW
Attachments: Original petition to annex and legal description
Staff report #KA-02-9
Draft minutes 7/9/02 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Somers Land Co., 1995 Third Ave East, Kalispell MT 59901
H: \FRDO \TRANSMIT\KALISPEL\2002 \ KA02-6. DOC
EXHIBIT "A"
DFSCRIPTION- ASHLEY PARK PHASE 4
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE
SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS TO WIT:
Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of
Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana;
Thence along the south boundary of said NE1/4SE1/4 S89°03'52"W 30.00 feet to a found
iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN
DESCRIBED: Thence continuing S89°03'52"W 862.21 feet to a set iron pin; Thence
N01 021'29"W 169.65 feet to a set iron pin; Thence N88°38'52"E 5.00 feet to a set iron pin;
Thence N01 ❑21'29"W 487.12 feet to a found iron pin on the south boundary of the Plat of
ASHLEY PARK, Phase I (records of Flathead County, Montana); Thence along said south
boundary N88038'31 "E 560.00 feet to a found iron pin; Thence S01 °21'29"E 377.18 feet to
a set iron pin; Thence N88°38'52"E 303.78 feet to a found iron pin on the westerly R/W of
a 60 foot deeded road known as Airport Road; Thence along said westerly R/W
S0002'09"E 286.00 feet to the point of beginning and containing 10.455 ACRES; Subject
to and together with all appurtenant easements of record.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS:
ASHLEY PARK, PHASE IV
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF MEETING
JULY 9, 2002
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: Mark Brechel, Bill Rice, Sue Ellyn
Anderson, Jean Johnson, Ron Van Natta, Jim Atkinson, and
Bonnie Spooner. Narda Wilson represented the Tri-City
Planning Office. There were approximately 2 people in the
audience.
APPROVAL OF MINUTES
Johnson moved and Rice seconded to approve the minutes of
the Kalispell City Planning Board meeting of June 11, 2002,
as submitted.
On a vote by acclamation the motion passed unanimously.
WEST VIEW ESTATES
A request by Mark Owens, dba LBO Limited Partnership for
ANNEXATION AND INITIAL
an initial zoning designation upon annexation to the city of
ZONING
Kalispell on approximately 58 acres of property located at the
northeast corner of Stillwater Road and West Reserve Drive.
POSTPONED
WEST VIEW ESTATES
A request by Mark Owens dba Owl Corporation for
SUBDIVISION PRELIMIARY
preliminary plat approval of West View Estates, a 121-lot
PLAT
subdivision located on the northeast corner of Stillwater
Road and West Reserve Drive.
POSTPONED
ASHLEY PARK PHASE IV /
A request by Dennis Carver dba Somers Land Co. for an
SOMERS LAND CO.
initial zoning designation of R-4, Two Family Residential,
upon annexation into the city of Kalispell on approximately
10.46 acres that lies on the west side of Airport Road and
south of Teal Drive.
STAFF REPORT
Narda Wilson, of the Tri-City Planning Office, gave a
#KA-02-9
presentation on staff report KA-02-9, a request for
annexation and initial zoning designation of R-4, Residential,
for what will be platted as Ashley Park Phase IV. Wilson
explained 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. Staff reviewed the statutory criteria and
recommended adoption of the findings of fact.
Kalispell City Planning Board
Minutes of the meeting of July 9, 2002
Brechel stated his wife works for Carver Engineering.
Atkinson clarified there was no financial gain and did not
have a problem with it. No other board members had a
problem with Brechel remaining seated to the board.
APPLICANT/AGENCIES
No one wished to speak.
PUBLIC HEARING
The public hearing was opened to those who wished to speak
on the issue.
PROPONENTS
No one wished to speak.
OPPONENTS
No one wished to speak and the public hearing was closed.
MOTION
Atkinson moved and Anderson seconded to adopt staff report
KA-02-9 as findings of fact and forward a recommendation to
the Kalispell City Council to adopt R-4, Two -Family
Residential, upon annexation.
BOARD DISCUSSION
Atkinson asked and Wilson answered that this is phase four
and they still have three more phases.
Johnson asked if this has been to site review and Public
Works. Wilson said Public Works has reviewed it and it went
to site review with the preliminary plat. She noted it would
go to site review again when final plat comes in. She said the
City had already committed to services when the preliminary
plat was approved.
ROLL CALL
The motion passed unanimously on a roll call vote.
MGS PARTNERS / OLE'S
A request by MGS Partners for an initial zoning designation
COUNTRY STORE
of B-2, General Business, upon annexation into the city of
Kalispell on approximately 1.50 acres that lies on the
southeast corner of Hwy 93 and West Reserve Drive.
STAFF REPORT
Narda Wilson, of the Tri-City Planning Office, gave a
#KA-02-8
presentation on staff report KA-02-8, a request for
annexation and initial zoning of B-2, General Business.
Wilson explained the B-2 district is intended to provide areas
for retail sales and services which might require outdoor
display of merchandise and would service the general needs
of the motoring public. The B-2 areas in the City are
typically located along major transportation corridors. Staff
reviewed the statutory criteria and recommended the board
forward a recommendation to council that the initial zoning
be B-2, General Business, upon annexation.
APPLICANT/AGENCIES
No one wished to speak.
Kalispell City Planning Board
Minutes of the meeting of July 9, 2002
Page 2
ASHLEY PARK PHASE IV / SOMERS LAND CO.
REQUEST FOR INITIAL ZONING UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-02-9
JULY 2, 2002
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 July 9, 2002, 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.
BACKGROUND INFORMATION
The developer has petitioned for annexation and an initial zoning designation of R-4, a
Two -Family Residential district, on 10.455 acres on the west side of Airport Road and
south of Teal 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 IV when the final plat is 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 IV. 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.
1
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 10.455
acres.
F. Existing Land Use: The property proposed for annexation is currently being
developed with Phase IV of 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.
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
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized criteria
described by 76-2-203, M.C.A.
Does the requested zone comply with the Master Plan?
The property proposed for annexation is within the jurisdiction of the Kalispell
City -County Master Plan. The master plan 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 master plan for the area and is consistent with other phases of
the subdivision that have been annexed.
04
2.
3.
E
5.
no
7
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 master plan for the area and encouraging
compatible uses in the area.
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.
3
9. 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 master plan and with the existing uses that have developed in
the area. The zoning gives adequate consideration to the suitability of the land
proposed for zoning.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is primarily single-family residential and town
homes with some 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 City -County
Master Plan 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.
RECOMMENDATION:
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-02-9 as findings of fact and forward a recommendation to Kalispell City
Council to adopt R-4, Two -Family Residential, upon annexation.
NW
11
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: 5, ;m� ��5 Lei vti CC)
MAIL ADDRESS: i q q 15 r` �'E E ci-sr
CITY/STATE/ZIP: ,Spz L-L M T Jr MCC I PHONE: 40-,,5'7- 04c -?—
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP: PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: See Euh 6.) !� /- � (Z Q car cc�-a i tie LL
Legal Description: 5:Q., Exl �'4 Li
(Lot and Block of Subdivision; Tract #)
r-� 1'� 1 1-k,-)r-,-Dk, n -',s Nu,r+V\
(Section, Township, Range) (Attach metes and
//bodnds as Exhibit A)
The present zoning of the above property is: llltl<
The proposed zoning of the above property is: `7
State the changed or changing conditions that make the proposed amendment necessary:
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
(Date)
EXHIBIT "A"
DFSCRIPTION- ASHLEY PARK PHASE 4
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE
SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS TO WIT:
Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of
Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana;
Thence along the south boundary of said NE1/4SE1/4 S89°03'52"W 30.00 feet to a found
iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN
DESCRIBED: Thence continuing S89003'52"W 862.21 feet to a set iron pin; Thence
N01 021'29"W 169.65 feet to a set iron pin; Thence N88038'52"E 5.00 feet to a set iron pin;
Thence N01 ❑21'29"W 487.12 feet to a found iron pin on the south boundary of the Plat of
ASHLEY PARK, Phase I (records of Flathead County, Montana); Thence along said south
boundary N88°38'31 "E 560.00 feet to a found iron pin; Thence S01 °21'29"E 377.18 feet to
a set iron pin; Thence N88°38'52"E 303.78 feet to a found iron pin on the westerly R/W of
a 60 foot deeded road known as Airport Road; Thence along said westerly R/W
S0002'09"E 286.00 feet to the point of beginning and containing 10.455 ACRES; Subject
to and together with all appurtenant easements of record.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS:
ASHLEY PARK, PHASE IV
PETITION rJ0 .
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
PETITION FOR ANNEXATION TO CITY
COME NOW the undersigned and respectfully petition the City
Counci- 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 60u-4-I) k 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.
E
Dated this day of
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
4sE) Lei PAP,-4 4
Lej ao L- ��i-�c r,
PROPERTY ADDRESS:
r�S(Cr� i OWNER n
s
OWNER
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
EXHIBIT "A"
DESCRIPTION- ASHLEY PARK PHASE 4
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE
SOUTHEAST QUARTER OF SECTION 19,
P.M.,M., FLATHEAD COUNTY, MONTANA,
AS FOLLOWS TO WIT:
TOWNSHIP 28 NORTH, RANGE 21 WEST,
AND MORE PARTICULARLY DESCRIBED
Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of
Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana;
Thence along the south boundary of said NE1/4SE1/4 S89003'52"W 30.00 feet to a found
iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN
DESCRIBED: Thence continuing S89003'52"W 862.21 feet to a set iron pin; Thence
N01 021'29"W 169.65 feet to a set iron pin; Thence N88038'52"E 5.00 feet to a set iron pin;
Thence N01 1121'29"W 487.12 feet to a found iron pin on the south boundary of the Plat of
ASHLEY PARK, Phase I (records of Flathead County, Montana); Thence along said south
boundary N88°38'31 "E 560.00 feet to a found iron pin; Thence S01 021'29"E 377.18 feet to
a set iron pin; Thence N88°38'52"E 303.78 feet to a found iron pin on the westerly R/W of
a 60 foot deeded road known as Airport Road; Thence along said westerly R/W
S0002'09"E 286.00 feet to the point of beginning and containing 10.455 ACRES; Subject
to and together with all appurtenant easements of record.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS:
ASHLEY PARK, PHASE IV
STATE OF MONTANA
ss
County of Flathead
On this I I !—" day of t) A n e- , 2002, before me,
the undersigned, a Notary Public for the State of Montana, personally appeared
F _ b4P-V P- , 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 Notarial Seal the
day and year in this certificate first above written.
NOTARY PUBUGMONfANA
osEni RMWMatKospel,MMWM Notary Public State of Montana
ryrx.RF. SPhe�1ts�o3
Residing at I-�ali5oe.L-L
My Commission expires 511 8 aua 3
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 2002, before
me, the undersigned, a Notary Public for the State of Montana personally appeared
and
the and
respectively, of , the corporation that executed
the foregoing instrument, and the persons who executed said instrument on behalf of said
corporation, and acknowledged to me that such corporation executed the 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.
STATE OF MONTANA )
ss
County of Flathead )
Notary Public, State of Montana
Residing at
My Commission expires
On this day of , 2002, before me, a Notary Public in
and for the State of Montana, personally appeared CHRIS A. KUKULSKI 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 purposed 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.
Notary Public, State of Montana
Residing at
My Commission expires
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this I I r1
day of Kunz 2002, by and between acme,-3 L-av1d b rn�an q
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(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 and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) 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, 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 the poi-4-'V-, K4LL60eA-L s2I,t:rA-L- 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 PART(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 property.
This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and
affixed our seals this day of 12002.
gPART�SOFe25 LRV1�j CO. ; re-5, e,1T
CITY OF KALISPELL
City Manager
ATTEST:
Finance Director
No. 5935 LF23 0.V_
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING COM-
MISSION
West View Estates
Annexation and Initial
Zoning — 58 Acres
West View Estates
Preliminary Plat — 121
Lots
Initial Zoning of R-4 for
Ashley Park Phase IV
Upon Annexation
Initial Zoning of B-2 for
Ole's Country Store
Hwy 93 So Upon An-
nexation
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, July
9, 2002 beginning at
7:00 PM in the Kalispell
City Council Chambers,
Kalispell City Hall, 312
First Avenue East, Ka-
lispell. During the regu-
larly scheduled meeting
of the planning board,
the board will hold a
public hearing and take
public comments on the
following agenda items.
The board will make a
recommendation to the
Kalispell City Council
who will take final ac-
tion.
A request by Mark
Owens, dba LBO Limit-
ed Partnership for an in-
itial zoning designation
upon annexation to the
city of Kalispell on ap-
proximately 58 acres of
property located at the
northeast comer of Still-
water Road and West
Reserve Drive. The
proposal would desig-
nate approximately 42
acres as R-3, Residen-
tial, a single family resi-
dential district; approxi-
mately 9 acres as RA-3,
a Residential Apart-
ment/Office district and
7 acres as B-1, Neigh-
borhood Buffer District,
a limited commercial
district intended to serve
the immediate surround-
ing area. A preliminary
plat for 121 lots as de-
scribed below is being
filed concurrently with
the annexation and zon-
ing request. The proper-
ty proposed for annexa-
tion and zoning can be
described as a portion
of Assessor's Tract 5+
located in Section 25,
Township 29 North,
Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
A request by Mark
Owens dba Owl Corpo-
ration for preliminary
plat approval of West
View Estates, a 121-lot
subdivision located on
the northeast corner of
Stillwater Road and
West Reserve Drive.
This plat would create
119 lots intended for
single family residential
development on approx-
imately 42 acres, one lot
intended for neighbor-
hood commercial on ap-
proximately 7 acres and
one lot intended for high
density residential office
uses on approximately 9
acres. 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 desig-
nation of initial zoning.
The property can be de-
scribed as a portion of
Assessor's Tract 5+ lo-
cated in Section 25,
Township 29 North,
Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
A request by Dennis
Carver dba Somers
Land Co. for an initial
zoning designation of R-
4, Two Family Residen-
tial, upon annexation in-
to the city of Kalispell on
approximately 10.46
acres that lies on the
west side of Airport
Road and south of Teal
Drive. The property to
be annexed will be plat-
ted as Ashley Park
Phase IV, a residential
subdivision. Currently
this property is in the
County zoning jurisdic-
tion and is zoned R-4,
Two Family Residential.
The property is being
annexed in order to re-
ceive City utilities. The
property proposed for
annexation can be de-
scribed as a portion of
Assessor's Tract 4 lo-
cated in Section 19,
Township 28 North,
Range 21 West,
P.M.M., Flathead Coun-
ty, Montana.
A request by MGS
Partners for an initial
zoning designation of B-
2, General Business,
upon annexation into
the city of Kalispell on
approximately 1.50
acres that lies on the
southeast corner of Hwy
93 and West Reserve
Drive. The property ad-
dress is 2490 Hwy 93
North and is developed
with Ole's Country Store
and other associated
uses. Currently this
property is in the County
zoning jurisdiction and
is zoned B-1, Neighbor-
hood/Professional Busi-
ness. The property is
being annexed in order
to receive City utilities.
The property proposed
for annexation can be
described as Assessor's
Tract 3EB located in
Section 31, Township
29 North, Range 21
West, P.M.M., Flathead
County, Montana.
Documents pertaining
to this agenda item are
on file for public inspec-
tion at the Tri-City Plan-
ning Office, 17 Second
Street East, Suite 211,
Kalispell, MT 59901,
and are available for
public review during
regular office hours.
Interested persons are
encouraged to attend
the hearing and make
their views and con-
cerns known to the
Board. Written com-
ments may be submit-
ted to the Tri-City Plan-
ning Office at the above
address, prior to the
date of the hearing, or
contact Narda Wilson,
Senior Planner, at (406)
751-1850 for additional
information.
/s/Thomas R. Jentz
Thomas R. Jentz
Planning Director
Sunday, June 23,
2002
'IatheaN f iTuntu
3oarb of Cfammission-ers
800 SOUTH MAIN STREET
May 10, 1994
• KALISPELL, MONTANA 59901
Mr. Stephen F. Herbaly, Director
Flathead Regional Development Office
723 Fifth Avenue East
Kalispell, Montana 59901
RE: Preliminary Plat - ASHLEY MEADOWS SUBDIVISION
Dear Mr. Herbaly:
On this date, the Flathead County Board of Commissioners reviewed the preliminary plat
application for Ashley Meadows Subdivision.
The Board of Commissioners has granted conditional approval to this request. A copy of
the conditions, Exhibit A, is attached for your reference. This preliminary plat approval
is in effect for two years and will expire on May 10, 1996.
Please contact our office if you have any questions regarding this matter.
Sincerely,
BOARD OF COMMISSIONERS
FLATHEAD COUNTY, MONTANA
William. Hedstro ghairman/`
1 =
2- f
Howard W. Gipe, Member
.fir Zl i �rl.i X ti'nk(�Lt'�`
Sharon L. Stratton, Member
Attachment: Exhibit A
cc: Dennis Carver Carver Engineering
Somers Land Company 1995 Third Ave. East
1995 Third Ave. East Kalispell, MT 59901
Kalispell, MT 59901
11:
Conditions, upon which preliminary plat approval has been granted to Ashley Meadows
Subdivision on this date of May 10, 1994, are as follows:
1. That the subdivision obtain approval from the Montana Department of Health and
Environmental Sciences.
2. all water lines, sanitary sewer, culverts, and storm sewer lines/swales shall be built
according to plans and specifications approved by the City of Kalispell Public Works
Department. All water, sewer main extensions, and storm sewer lines/swales on
private property shall be placed within suitable easements and approved by the City
of Kalispell Public Works Department.
3. The construction of all streets, curbs, gutters, and sidewalks shall be done in
compliance with City of Kalispell standards and approved by the City of Kalispell
Public Works Department.
4. A 20-foot reserved strip for right-of-way be maintained along the westerly boundary
in common with the rail right-of-way for the future alternate highway 93 route. If
the highway is constructed prior to final plat of phases 6 and 7, any remainder not
used for right-of-way may be included into adjoining lots, so as to increase their
depth.
5. Prior to final plat of phase 2, installation of the northerly access route through South
Meadows is to be completed.
6. All utilities shall be installed underground.
7. The owner shall pay a cash -in -lieu of park land payment equal to 1 /9th of the
undeveloped market value of that portion of the site proposed for final plat.
8. Placement of fire hydrants shall be approved by the City of Kalispell Fire
Department. Documentation from the chief of the City of Kalispell Fire Department,
which indicates that the proposed fire suppression facilities are adequate, shall be
submitted with the application for final plat approval.
9. This preliminary plat approval is valid for a period of two (2) years. The project
is also approved in seven (7) phases. This two-year period is based on approval of
final plat of phase 1 within this two (2) years. Upon approval of each phase, an
additional two (2) years to receive final plat for the next phase is granted. A one
(1) year extension may be granted for each individual phase. If any phase expires,
the remaining unrecorded phases also expire.
10. The lots meet the City of Kalispell Zoning Regulations.
11. Lot numbers, street addresses, and net acreage for each lot shall be included on the
face of the final plat.
12. All streets shall be clearly signed in a manner conforming to City of Kalispell
standards.
Conditions of Preliminary Plat/Ashley Meadows Subdivision Page 2
13. Prior to final plat of each phase, annexation shall occur.
14. Street tree planting shall be coordinated in partnership with the City of Kalispell
Parks Department.
BOARD OF COMMISSIONERS
FLATHEAD COUNTY, MONTANA
��e��- afuly�
William R. Hedstrom, Chairman
Howard W. tipe, Member
Sharon L. Stratton, Member
ASLEY MEADOWS. 'UPDIVISION
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VICINITY MAP
SOMERS LAND COMPANY / DENNIS CARVER
ANNEXATION & INITIAL ZONING ON APPROX. 10.46 ACRES
(ASHLEY PARK PHASE IV)
FROM COUNTY R-4, TWO FAMILY RESIDENTIAL
TO R-4, TWO FAMILY RESIDENTIAL, CITY OF KALISPELL
PLOT DATE: 8/13/02
FILE # KA- 02 - 9 SCALE 1" = 400' H-\gis\site\ka02_9.dwg
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this I I rn
day of 14ne, - 2002, by and between �3pvyjey-5 L-&,16 CorrlpeLytq
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(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 and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) 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, 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) finther herein express an intent to have the
property as herein described withdrawn from the 512L1 -v\ i'Z f-vL 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 PART(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 property.
This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and
affixed our seals this day of 2002.
CITY OF KALISPELL
City Manager
ATTEST:
Finance Director
STATE OF MONTANA
ss
County of Flathead
On this I ► " " day of `T
2002, before me,
the undersigned, a Notary Public for the State of Montana, personally appeared
a -\nh _s F b4P— 't - , 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 Notarial Seal the
day and year in this certificate first above written.
nrnr�t
SE at ' Notary Public, State of Montana
'�• .'� Av CCiBlm.�r5�18 �b�
Residing at
My Commission expires ,,�� i g au0 3
STATE OF MONTANA
ss
County of Flathead )
On this day of 2002, before
me, the undersigned, a Notary Public for the State of Montana personally appeared
and
the
and
respectively, of the corporation that executed
the foregoing instrument, and the persons who executed said instrument on behalf of said
corporation, and acknowledged to me that such corporation executed the 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.
STATE OF MONTANA
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires
On this day of , 2002, before me, a Notary Public in
and for the State of Montana, personally appeared CHRIS A. KUKULSKI 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 purposed 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.
Notary Public, State of Montana
Residing at
My Commission expires