Staff Report/Annexation & ZoningTri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centu rytel.net
www.tricitypianning-mt.eom
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Empire Estates Subdivision - Annexation and Initial Zoning of
R-4, Two Family Residential
MEETING DATE: July 7, 2003
BACKGROUND: This is a request by Wayne Turner for an initial zoning designation
of R-4, Two Family Residential, upon annexation into the city on approximately 80
acres. The property proposed for annexation is located at the northeast comer of
Three Mile Drive and Stillwater Road and has been filed in conjunction with a 347 lot
residential subdivision, Empire Estates. Currently the property is in the County
zoning jurisdiction and is zoned R-2, a Suburban Residential zoning district.
The staff recommended approval of the proposed zoning based upon the Kalispell
Growth Policy, other development in the area and the proximity of this property to
public services and infrastructure.
A public hearing was held before the Kalispell City Planning Board at a meeting of
June 10, 2003 regarding this matter. There was some neighborhood opposition to the
proposed zoning because of the density and potential traffic impacts and impacts to
the school. The applicant and a member of the public spoke in favor of the proposal
noting that there is a need in the community for these types of lots.
A motion was made and passed unanimously by the Kalispell Planning Board to
forward a recommendation to the Kalispell City Council that initial zoning for this
property should be R-4, Two Family Residential, upon annexation to the city.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Wayne Turner / Empire Estates Subdivision - Initial Zoning
June 18,2003
Page 2
Respectfully submitted,
Narda A. Wilson
Senior Planner
Report compiled: June 18, 2003
c: Theresa White, Kalispell City Clerk
C�� L
Chris A. Kukulski
City Manager
Attachments: Transmittal letter
Staff report KA-03-11 and application materials
Draft minutes from 6/ 10/03 planning board meeting
TRANSMIT\KALISPEL\2003\KA03-11
RESOLUTION NO. 4805
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 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS EMPIRE ESTATES ADDITION
NO. 330; 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 Wayne E. Turner, the owner of
property located at the northeast comer of Stillwater Road and Three Mile Drive,
requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Wayne E. Turner's Annexation
Request, #KA-03-11, dated June 2, 2003, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-4, Two Family Residential, upon annexation into the City
of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described on Exhibit "A" be annexed to
the City of Kalispell and the boundary of the City is altered to so
provide, and shall be known as Empire Estates Addition No. 330.
SECTION H. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell 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 7TH DAY OF JULY, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
DESCRIPTION:
A TRACT OF LAND, 51TUATED, LYING, AND BEING IN THE WEST HALF OF THE
5OUTHWE5T QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M., M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED A5
FOLLOWS TO WIT:
BEGINNING at the northwest corner of the West Half of the Southwest Quarter of
Section 1, Township 28 North, Range 22 West, P.M., M., Flathead County,
Montana, which is a found aluminum cap; Thence along the north boundary of said
W I/25W 1/4, 589018'24"E 4G5.55 feet to the westerly WW/ of the proposed
Kalispell By-pass, which point lies on the chord of a spiral curve ; Thence along said
spiral chord 501 °59'24"E 298.2G feet to the S.C. of a 1427. I G foot radius curve,
concave northeasterly, having a central angle of 15°OG' I 0"; Thence along an arc
length of 37G. 19 feet to the C.S. of a spiral curve; Thence along the spiral chord of
said spiral curve 527°07'30"E 3G I .G4 feet to the S.T. thereof; Thence
529943'28"E 496.62 feet to the T.S. of a spiral curve; Thence along the chord
bearmg of said spiral curve 527° 15' 14"E 32G.79 feet to the S.C. of a I I G4.70
foot radius curve, concave southwesterly, having a central angle of 15°59'OG";
Thence along an arc length of 324.94 feet to the C.S. of a spiral curve; Thence
along the spiral chord of said spiral curve 500°58'45" 32G.7G feet to the S.T.
thereof, which point lies on the south boundary of said W I /25W 1 /4 and the centerline
of a county road known as Three Mile Drive; Thence along said south boundary and
said centerline 589°35'50"W 1245.02 feet to a found aluminum cap and the west
boundary of said W I/25W 1/4 and the centerline of a county road known as Stillwater
Road; Thence along said west boundary and said centerline N00°4G'33"E 2G50. 17
feet to the place of beginning and containing 54.755 ACRES; 5ubject to and
together with two county roads as shown hereon; Subject to and together with all
appurtenant easements of record.
AND, including the following tract of land;
Commencing at the northwest corner of the West Half of the Southwest Quarter of
Section I , Township 28 North, Range 22 West, P.M., M., Flathead County, which is
a found aluminum cap; Thence along the north boundary of said W I /25W I /4
589" 18'24" a distance of 727.86 feet to THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said north boundary
589018'24"E 589.55 feet to a found pm and the east boundary of said W I /25W 1 /4;
Thence along said east boundary 500"45'42"W 1447.27 feet to the easterly RA/ of
the proposed Kalispell By -Pass, which point lies on the chord bearing of a spiral
curve; Thence along said spiral chord N27°07'30"W 92.57 feet to the S.T. thereof;
Thence N29°43'28"W 455.82 feet to the T.S. of a spiral curve; Thence along the
chord bearing of said spiral curve N27° 15' 14"W 32G.79 feet to the S.C. of a
I I G4.70 foot curve, concave northeasterly, having a central angle of I YOGI 0";
Thence along an arc length of 307.01 feet to the C.S. of a spiral curve; Thence
along the chord bearing of said spiral curve N01'51'40"W 2G3.04 feet to the point
of beginning and containing 12.307 ACRES; 5ublect to and together with all
appurtenant easements of record.
ORDINANCE NO.1469
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 EMPIRE ESTATES ADDITION NO. 330 AND
FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 1, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY R-2, SUBURBAN RESIDENTIAL) TO CITY R4 (TWO FAMILY
RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Wayne E. Turner, 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 at the northeast corner of Stillwater Road and Three Mile
Drive, and
WHEREAS, the petition of Wayne E. Turner was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-I1, dated June 2, 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 ofTCPO as set forth in Report
No. KA-03-11.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell
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 II. 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 III. This Ordinance shall be effective thirty (30) days from and after the
date of its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS DAY OF JULY, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT °"A"
DE5CRIFTION:
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WE5T HALF OF THE
5OUTHWE5T QUARTER OF 5ECTION 1, TOWNSHIP 26 NORTH, RANGE 22 WE5T,
P.M., M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED A5
FOLLOWS TO WIT:
BEGINNING at the northwest corner of the West Half of the Southwest Quarter of
Section 1, Township 28 North, Range 22 West, P.M., M., Flathead County,
Montana, which is a found aluminum cap; Thence along the north boundary of said
W 1 /25W 1 /4, 589018'24" E 465.55 feet to the westerly R/W of the proposed
Kah5pell By-pass, which point lies on the chord of a spiral curve ; Thence along said
spiral chord 501 °59'24"E 298.26 feet to the 5.C. of a 1427.16 foot radius curve,
concave northeasterly, having a central angle of 15°06' I 0 ; Thence along an arc
length of 376. 19 feet to the C.5, of a spiral curve; Thence along the spiral chord of
said spiral curve 527°07'30"E 36I .G4 feet to the S.T, thereof; Thence
529°43'28"E 455.52 feet to the T,5, of a spiral curve; Thence along the chord
bearmcg of said spiral curve 527° 1 VI 4'ff 326.79 feet to the 5.C. of a 1164.70
foot radius curve, concave southwesterly, having a central angle of 15"59'06";
Thence along an arc length of 324.94 feet to the C.S. of a spiral curve; Thence
along the spiral chord of said spiral curve 500"58'45" 326.76 feet to the S.T.
thereof, which point lies on the south boundary of said W 1 /25W 114 and the centerline
of a county road known as Three Mile Drive; Thence along said south boundary and
said centerline 589°3550"W 1245.02 feet to a found aluminum cap and the west
boundary of said W 1 /25W 1 /4 and the centerline of a county road known as Stillwater
Road; Thence along said west boundary and said centerline NOO°4G'33"E 2650.17
feet to the place of beginning and containing 54.788 ACRE5: 5ubject to and
together with two county roads as shown hereon; Subject to and together with all
appurtenant easements of record.
AND, including the following tract of land;
Commencing at the northwest corner of the West Half of the Southwest Quarter of
Section I , Township 28 North, Range 22 West, P.M., M., Flathead County, which is
a found aluminum cap; Thence along the north boundary of said W I /25W 1 /4
589918'24" a distance of 727.55 feet to THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said north boundary
589° 18'24"E 559.55 feet to a found pin and the east boundary of said W I /25W I /4;
Thence along said east boundary 500°45'42"W 1447.27 feet to the easterly R1W of
the proposed Kalispell By -Pass, which point hey on the chord bearing of a spiral
curve; Thence along said spiral chord N27°07'30"W 92.57 feet to the S.T. thereof;
Thence N29°43'28"W 495.52 feet to the T.S. of a spiral curve; Thence along the
chord bearing of said spiral curve N27° 15' 14"W 326.79 feet to the 5.C. of a
1164.70 foot curve, concave northeasterly, having a central angle of 15°06' i 0'
Thence along an arc length of 307.01 feet to the C.5. of a spiral curve; Thence
along the chord bearing of said spiral curve NO I *51'40"W 263.04 feet to the point
of beginning and containing 12,307 ACRE5; 5ubject to and together with all
appurtenant easements of record.
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricitv(acenturvtel.net
www.trichyplanning-mt.com
June 18, 2003
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, on 80 Acres -
Empire Estates Subdivision at Three Mile Drive and Stillwater Road
Dear Chris:
The Kalispell City Planning Board met on June 10, 2003, and held a public hearing to
consider a request by Wayne Turner for an initial zoning designation of R-4, Two Family
Residential, upon annexation to the city. The property contains approximately 80 acres
and is located on the northeast corner of Three Mile Drive and west of Stillwater Road.
The property is currently zoned County R-2, Residential. This request for annexation
and initial zoning has been filed in conjunction with a proposal for a 347-lot single-
family and duplex residential subdivision to be developed in several phases over a period
of years.
Narda Wilson of the Tri-City Planning Office presented staff report KA-03-11 evaluating
the proposed zoning. Staff recommended initial zoning of City R-4, Two Family
Residential based on the existing County zoning and the Kalispell Growth Policy.
At the public hearing there were several neighbors who spoke in opposition to the
density allowed under the R-4 zoning designation. The neighbors were concerned about
an urban density subdivision in a rural area would change the character of their
neighborhood. They were also concerned about impacts to the roads and the schools.
The applicant and one other member from the public spoke in favor noting it complies
with the growth policy and there is a tremendous need in the community for this type of
residential development.
After the public hearing the board discussed the proposal and the density allowed under
the R-4 zoning. The board agreed that this was traditionally an agricultural area that is
being converted to residential uses because of the proximity of utilities. A motion was
made and passed unanimously to forward a recommendation that initial zoning for this
property should be R-4, Two Family Residential, upon annexation. The legal description
of the property to be annexed is attached as Exhibit A.
Please schedule this matter for the July 7, 2003 regular city council meeting. You may
contact this board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Providing Community Planning Assistance To:
• City of Columbia Falls - City of Kalispell • City of Whitefish -
Empire Estates Subdivision - Initial Zoning
June 18, 2003
Page 2
Sincerely,
Kalispell City Planning Board
ex or
GT/NW
Attachments: Petition to annex (original)
Exhibit A - legal description
Staff report KA-03-11 and application materials
Draft minutes 6/ 10/03 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Wayne Turner, 3300 Why 2 West, Kalispell, MT 59901
Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901
Empire Estates
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
347 (estimated)
Estimated Increase in Population: (based on US Census Figure of 2.2 per household)
764
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 13,233)
• 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 - 5,154
• Number of units x square foot x 0.0029
Total Anticipated Cost of Services:
764 x 68.84 = $52,594
764 x 110.00 = $84,040
764 x 39.48 = $30,163
none for five years
13,233 x 1.14 = $15,086
13,233 x 3.44 = $45,522
13,233 x 5.50 = $72,781
5,154 x 347 x 0.0029 = $5,186
305 372
1
Anticipated Revenue Generated
Assessments based on square footage:
Average square foot per lot: 5,154
• Storm sewer assessment $0.0029 per square foot
Revenue from storm sewer assessments 347 x 5,154 x 0.0029 = $5,186
• Street maintenance assessment $0.0059 per square foot
Revenue from street maintenance assessments 347 x 5,154 x 0.0059 = $10,552
• Urban forestry assessment $0.00135 per square foot
Revenue from urban forestry assessments 347 x 5,154 x 0.00135= $2,414
Special Assessments: There are no special assessments.
General revenue:
• Assessed value per dwelling: $175,000
Total assessed value: 347 x 175,000 = $60,725,000
Total taxable: 60,725,000 x 0.03543 = $2,151,486
• Total additional general revenue based on 152.39 mill levy:
$2,151,486 x .15239 = $327,865
Total Additional Annual Revenue:
346 017
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/ KA03-11EXTOFSVC
G
KALISPELL CITY PLANNING BOARD & ZONING
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: George Taylor, Rick Hull, Jean
Johnson, Jim Atkinson, Sue Ellyn Anderson, John Hinchey
and Timothy Norton. Narda Wilson represented the Tri-City
Planning Office. There were approximately 32 people in the
audience.
ELECTION OF NEW
The floor was opened for nominations for President. Johnson
OFFICERS
nominated Taylor, seconded by Hinchey. There were no
further nominations. Taylor was elected unanimously.
The floor was opened for nominations for Vice President.
Johnson nominated Norton, seconded by Atkinson. There
were no further nominations. Norton was elected
unanimously.
APPROVAL OF MINUTES
Johnson moved and Anderson seconded to approve the
minutes of the Kalispell City Planning Board and Zoning
Commission regular meeting of May 13, 2003.
The motion passed unanimously on a vote by acclamation.
BEAR THE PUBLIC
No one wished to speak.
EMPIRE ESTATES INITIAL
A request by Wayne Turner for an initial zoning designation
ZONING UPON
of R-4, Two Family Residential, on approximately 80 acres
ANNEXATION
located on the northeast comer of Stillwater Road and Three
Mile Drive upon annexation to the City of Kalispell.
EMPIRE ESTATES
A request by Wayne Turner for preliminary plat approval of a
SUBDIVISION
347-lot residential subdivision on approximately 67 acres. A
PRELIMINARY PLAT
request for annexation and initial zoning of R-4 has been
filed concurrently. The plat indicates 87 duplex townhouse
lots totaling 174 subkots and 173 lots intended for single
family development.
STAFF REPORT
Narda Wilson, with the Tri-City Planning Office, gave a
#KA-03-11 AND KPP-03-6
presentation of staff report KA-03-11, a request for initial
zoning upon annexation of approximately 80acres located at
the northeast corner of Stillwater Road and Three Mile Drive.
Wilson also gave a presentation of staff report KPP-03-6, a
request for preliminary plat approval of a 347-lot residential
subdivision that was filed concurrently with the annexation
and initial zoning request.
Wilson noted property is on the northeast corner of Three
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 1 of 23
Mile Drive and Stillwater Road and that the recently annexed
Blue Heron subdivision is immediately to the west. The
property is currently zoned County R-2, a Suburban
Residential zoning district with a minimum lot size
requirement of 20,000 square feet or approximately one half
acre. The applicants are proposing City R-4, a Two Family
Residential zoning district which allows single family and
duplex residences and has a 6,000 square foot minimum lot
size requirement.
The Kalispell Growth Policy was adopted by the Kalispell City
Council in February 2003 and anticipates this area to
develop in an urban residential manner. The growth policy
Urban Residential designation anticipates 3 to 12 dwelling
units per acre, primarily in a development pattern of single
family, duplexes and low density multifamily residences.
Wilson stated that the developer will extend City services to
the subdivision. Sewer will be extended to the site and the
developer is proposing to in a private water system. All
services will be extended at developer's expense and built to
City standards. Wilson stated that the proposed R-4 zoning
complies with the Kalispell Growth Policy and adequate
services can be provided.
Wilson stated that similar urban residential development has
taken place in the area and there is R-3 zoning to the east.
Another similar subdivision that will fill in the empty
southeast corner of about 10 acres. She said that the
development pattern is primarily urban residential, with
single family as the primary housing types. Few duplex
housing options are available in the area, but they are very
popular in the market for first time homebuyers and empty
nesters and are very important option in today's housing
local market.
Wilson stated that staff feels that this is the most appropriate
zoning for this property and recommends that the planning
board recommend to the city council that the zoning should
be R-4, Two Family Residential upon annexation.
Wilson reviewed the proposed preliminary plat noting that
the Kalispell Bypass bisects the northeast corner of the
property and contains approximately 13 acres of the 80 acre
site. It is labels as "not a part of' and is a remainder parcel.
The other 67 acres is devoted to the subdivision with 87
duplex townhouse lots around the perimeter of the property
with each sublot being conveyed separately for a total of 174
sublot. There will be 173 single family lots in the interior of
the site.
The subdivision will be developed in several phases over
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 2 of 23
time. Since the Kalispell Fire Department would be providing
service, fire flows would have to comply with the Uniform
Fire Code. The developer is considering the feasibility of a
private water system using a well on the northern part of the
property. She said that sewer has been extended come from
Sunset Court down Riding Road and eventually to Three Mile
Drive. From there it will be extended to serve this
development. She said that the source of the water remains
to be seen and that it would need to comply with City
standards and have adequate fire flows throughout the
subdivision.
Wilson noted there will be three access with a primary access
will be onto Three Mile Drive with two other accesses onto
Stillwater Road. One of the accesses on Stillwater Road will
align with Blue Heron's access to the west. She said that a
secondary fire access may be required in the interim and
could be to a gravel standard but it must comply with the
Uniform Fire Code.
Wilson stated that there could be significant impacts to
Three Mile Drive and Stillwater Road. The right of way on
Three Mile Drive is 100 feet and no additional right-of-way
for future expansion would anticipated to be needed. With
the City streets maintained by Kalispell, Stillwater by the
County and Three Mile Drive by the State, there are multiple
jurisdictions with regard to the roadways. The access
indicated through the Bypass could be a problem and Wilson
stated she is fairly certain that the State would not allow
access across it. She said that the property to the east could
be considered an unusable remnant which the State could
purchase, or a neighboring property owner to the north could
purchase it or the developer could retain for future
development.
Wilson stated that the applicant could retain the property
until the property to the north is developed and the City
would guarantee access to the property at that time. She
said the property could be sold to the property owner to the
north by the State when they get ready to develop it.
Wilson noted that staff has asked for an additional condition
to consolidate and replace two other conditions. The
Montana Department of Transportation is asking that a
traffic impact study be routed through Department of
Transportation's Helena office which would assess impacts to
all transportation systems in the immediate area and
throughout multiple jurisdictions. She said that there is a
specific process in place to do this and that the review would
include system capacity, signal warrants and access issues
for Stillwater Road, Three Mile Drive, the bypass, Meridian
Road and other local routes. She said that the intent would
be that one comprehensive analysis is done, which is
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 3 of 23
coordinated through DOT and addresses everyone a
concerns. Wilson asked that the condition be included,
which would mean that two other conditions could be
deleted.
Wilson stated that a letter from School District 5 was
received which said that Edgerton School is full and may
have to assign students to other districts. Wilson stated that
there will be impacts to school districts, and that they
estimate around 175 additional kids. That does not include
pre-schoolers, high schoolers, home schoolers and kids in
private schools. Staff feels that the impact will be more
moderate than anticipated.
Wilson stated another important issue is parks and open
space. She said that the State subdivision regulations
require 1/9 of the area in lots to be dedicated as parkland,
which means that 4.5 acres in parkland or a cash equivalent,
or a combination of both are required for this subdivision.
She said that there are three park areas but that only one
park has a recreational function, which is the 1.75 acre park
near the northwest side of the subdivision. She said that the
other park areas are nonfunctional remnants. She said that
the City would be willing to take over the park in the center
and that it would be a good amenity for the neighborhood.
Wilson stated that the entrances should be maintained by
the homeowner's association as common area or open space.
She stated that the environmental assessment states that
the valuation of the property is $15,000 acre, which leaves
the cash in lieu of parkland dedication at approximately
$41,000 that would be used to develop the park in the center
of the development.
A bike and pedestrian trail is planned along Three Mile Drive
and Stillwater Road within the 20 foot landscape buffer. She
said that the trail will be a part of the common area and
would need to be maintained by the homeowners through a
common area maintenance agreement. However, the
developer feels that the City should maintain it. Wilson
stated that there is no mechanism in place to handle
maintenance of this trail.
Wilson said that the site has traditionally been used for
agriculture and is currently in agricultural production, but
its proximity to urban services makes it prime for residential
development. She stated that the property will be more
effectively used for urban development and will preserve
farmland further out in the County by concentrating
populations close to the urban center. She said that there
will be little impact on agriculture and no impact or.
agricultural water users.
7 and & in the staff
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 4 of 23
could be deleted, which deals with DOT approval of the
intersection at Three Mile Drive, and access onto the Bypass
and County approval of the Stillwater Road access. She
suggested the board replace these with the new condition
requiring the approval of all accesses go through Dot's
systems impact process to address cross jurisdictional
entities.
PUBLIC E .41U rG The public hearing was opened to those who wished to speak
on the issue.
APPLICANTJAGENCIES Erica Wirtala with Sands Surveying and representing Wayne
Turner spoke to the board and stated they have been
working for some time on the design, that they have gone
through site review, and it has been redesigned several times
and fine tuned. She stated that they would like the Bypass
portion to be included in the annexation and zoning, but that
it is not a part of the preliminary plat. She stated that it has
been offered to the State for sale, but that DOT has not
purchased it yet. She stated that the sale may never go
through and they would like to explore the possibility of
future development. She stated they left some access areas
to the north of the bypass into that subdivision. She stated
that they are in agreement with the staff recommendations,
but that she wanted to specifically talk about Conditions 10
and 13, parkland dedication. She stated that state law
requires 11% of a subdivision to be dedicated to parkland
and that the central park is 1.78 acres. They would like the
bike path, at 1.6 acres, to be included in the parkland
dedication. She said that the bike path has buffering of 20
feet, that it will be equally functional as a recreational area,
and that lots of people will be using it. She stated that
counting the bike path will bring the parkland dedication
total to 3.348 acres. She stated that if they don't meet 11%
in actual parkland, a cash in lieu of parkland payment of
$25,000 is required. She asked that the dedicated 20 foot
buffer strip should be taken into consideration of Condition
13.
Wirtala asked if the developer was supposed to finance the
traffic study. Wilson answered yes. Wirtala said that the
Kalispell Growth Policy's urban residential designation fits
this project with 5.17 homes per acre, and that the vision of
the planning board and city council envisioned up to 12
dwellings per acre.
PUBLIC COMMENT Powell Clinton, who lives directly across from the subdivision
entrance, stated that he is not against development, but he
disagrees in that it does not represent the area out there. He
said that there are no small lots in the area. He stated that
the traffic is his main concern, that Three Mile Drive is very
busy, and that traffic can occasionally back up to the junior
high from Meridian Road. He stated that adding another 340
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 5 of 23
homes would mean more than 3500 car trips a day because
it is closer to town and people would make more trips. He
suggests that infrastructure be in place to support traffic by
widening Three Mile Drive and that Stillwater Road will also
be a problem.
Chuck Curry stated that he is not opposed to development,
but that he wants orderly progression. He stated that he feels
that the R-4 designation would make the density too high.
He said it is not appropriate for the area, and that the only
development that is R-4 is a small area and perhaps across
Three Mile. He said that everything else in the area are
larger lots. Mr. Curry encouraged the Board to look more at
an R-2 designation than an R-4.
Greg Stevens, 31 Lower Valley Road, stated that he is on the
Flathead County Planning Board and that this is the second
subdivision in about 10 years that has the possibility of
providing affordable home ownership for median wage
earners in the County. He stated that the Flathead County
Board continuously struggles to find ways to support
affordable housing and that there are hundreds of families
that are looking for affordable housing, which fits within
their budgets. He stated that this subdivision fits the
Kalispell Growth Policy and that this is a neighborhood in
transition. He feels that this subdivision application is the
most important one he has seen in the residential sense. He
stated that no one wants more traffic, but infrastructure will
not precede development and the project is needed for
affordable homeownership. He would like to see competition
for Mr. Turner in the form of another subdivision and he
feels that the cost of housing is tied to the cost of land and
that subdivisions take a long time to get through the pipeline
and that supply should be more than demand to try to keep
the price down.
Cindy Reby, Three Mile Drive stated that the neighborhood
has changed, and just getting out of the driveway is difficult.
She feels that 347 lots should not be built without knowing
the impact on traffic in the area. She also asked where are
the students going to go? She questioned the 175 students
number and stated that duplexes typically house young
families with young children, and not retired folks.
No one else wished to speak and the public hearing was
closed.
MOTION Johnson moved and Anderson seconded to adopt staff report
KA-03-11 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 80 acres upon annexation to
the City.
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 6 of 23
BOARD DISCUSSION
Norton asked Wilson about sidewalks. Wilson answered that
everything will be built to city standards which includes
sidewalks, 28 foot wide roads, curbs, gutters and lighting.
Atkinson asked if there was enough right of way to upgrade
Three Mile Drive. Wilson answered that it should be. With
regard to the Kalispell Bypass she thought it was a three
lane design. The State is responsible for mitigation of noise
and impacts and that a pedestrian access is believed to be
part of the Bypass design.
Hinchey asked about the minor zoning problems on the plat.
Wilson said that they will be corrected by Condition 16 and
that it was probably just an oversight and that it just a
minor shifting of property boundaries.
Norton asked about the Bypass being included in the zoning.
Wilson answered that it was.
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION
Johnson moved and Anderson seconded to adopt staff report
#KPP-03-6 as findings of fact and approve the Empire
Estates Subdivision Preliminary Plat subject to the 18
conditions.
MOTION (AMENDMENT)
Atkinson moved and Johnson seconded to delete Conditions
7 and 8 and add a new Condition 18.
BOARD DISCUSSION
Atkinson asked if they would be setting a precedent if they
agreed to count the bike and pedestrian path as parkland.
Wilson answered that the bike path is considered a health
and safety issue under access and that the subdivision
regulations require a park area in and of itself. She stated
that if we take a safety feature and allow it to serve as
parkland dedication it would be setting a precedent. She
stated it should be brought to council's attention if it has
merit.
Atkinson was hesitant about setting a precedent by using
buffer zones as parkland with a bike trial and recommended
that the board not consider the request.
Wilson mentioned that the Glacier Meadows buffer area was
not considered part of parkland, nor was Blue Heron, nor
West View.
Taylor asked about Three Mile Drive being a State
responsibility, and asked if the State decided to widen the
road, would the buffer being parkland further complicate the
issue? Wilson answered the buffer is not a part of right of
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 7 of 23
EMPIRE ESTATES SUBDIVISION
INITIAL ZONINGOF R-4 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-03-11
JUNE 2, 2003
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for an initial zoning designation of R-4 upon annexation to the city of Kalispell
on approximately 67 acres. A public hearing has been scheduled before the planning
board for June 10, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers.
The planning board will forward a recommendation to the Kalispell City Council for final
action.
RA .KGRA IND INFORMATION- 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 developer has petitioned annexation and initial zoning
classification of R-4, a Two -Family Residential district. The property is in the County
zoning jurisdiction and is zoned County R-2, a Suburban Residential district. This
property will be annexed under the provisions of Sections 7-2-4601 through 7-2-
4610, M.C.A., Annexation by Petition. The request for annexation and initial zoning
has been filed concurrently with the preliminary subdivision plat for Empire Estates
subdivision. The petitioner would like to annex in order to receive City services.
A. Petitioner and Owners:
Technical Assistance:
Wayne E. Turner
3300 Hwy 2 West
Kalispell, MT 59901
(406) 257-1682
Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6581
B. Location and Legal Description of Property: The property proposed for
annexation lies at the northeast corner of Stillwater Road and Three Mile Drive. The
property contains approximately 67.1 acres and can be described as Assessor's Tract
3 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana.
C. E7dsting Zoning: This property is in the County zoning jurisdiction and is zoned
R-2, Suburban Residential. This zoning designation has a minimum lot size
requirement of 20,000 square feet and a minimum lot width of 100 feet. This
district requires setbacks of 20 feet in the front and rear and 10 on the sides. It is
a district intended for single-family residential development.
D. Proposed Zoning: City R-4, Two -Family Residential, has been proposed for the
property. The R-4 zoning district allows duplexes and single-family dwellings as
permitted uses. The minimum lot size for the district is 6,000 square feet and a
minimum lot width of 50 feet with setbacks of 15 feet in the front, 10 feet in the rear
and five feet on the sides.
E. Size: The property proposed for annexation and zoning contains approximately
67.1 acres.
F. Existing Land Use: There is a single-family home located on the property near the
southern end on the north side of Three Mile Drive that occupies approximately one
acre of the site. The remaining property is being used for agricultural purposes and
is otherwise undeveloped.
G. Adjacent Land Uses and Zoning: The area can be described as being located on
the fringes of urban development. Having suburban residential development to
the east and agricultural uses to the north, south and west characterize it.
North: Agricultural and large lot rural residential development County
SAG-10 zoning
South: Rural residential, County R-2 zoning
East: Single-family residential, City R-3 and County R-2 zoning
West: Rural and single-family residential, City R-2, County SAG-5
H. General Land Use Character: The general land use character of the area is a
generally rural in character with some suburban and urban residential development
to the east where City utilities are available and agricultural uses to the north.
I. Availability of Public Services: City water and sewer services are being extended
with a recent subdivision in the area, Northview Heights, adjacent to this property.
With its completion there will be City water and sewer mains to the east of this
property along Three Mile Drive and they can be extended to service this property at
the time of development. A State secondary highway, Three Mile Drive, will provide
primary access to the site and is adjacent to this property. A new access will be
developed onto Three Mile Drive and a secondary access will be developed from
Stillwater Drive, to the west. Stillwater Drive is a paved County road.
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth
Policy which designates this area as Urban Residential which anticipates a
density of three to 12 dwelling unit per acre. This property is proposed for R-4
zoning, a residential zoning designation that anticipates duplexes and single-
family homes as the primarily uses on lots not less than 6,000 square feet in size
or approximately seven to 14 dwellings per acre. The proposed zoning
designation is in substantial compliance with the future land use designations of
the Kalispell Growth Policy and can be considered to be appropriate for the area.
rMAI
a.-• .. .
It can be anticipated that the proposed development of the property that will be
associated with the zoning will increase traffic impacts in the area due to the
undeveloped nature of the area currently. Traffic impacts to the area can be
accommodated with the existing roadway, a State highway with Three Mile Drive
and a County road with Stillwater Drive. The proposed rezoning is not designed
to lessen congestion in the streets but also is not anticipated to create additional
congestion on the streets in the area.
.. IL .•.. - ... .... •..•
There is no obvious increase in risk related to the proposed zoning district which
would impede fire or police access to the site. Access for fire and other
emergency services is generally good.
Because this annexation will enable the property owners to connect to public
sewer and develop the property with full public services, the public health and
welfare of the community will be served.
Any uses established on the site will be required to meet the development
standards for the district dealing with setbacks, height limits and lot coverage.
These standards are designed to provide for adequate light and air.
The requested zoning designation is consistent with the type of development
which would be anticipated under the Kalispell Growth Policy and would be able
to be accommodated within the land area under the proposed zoning. The
requested zone will not contribute to the overcrowding of land.
An increase in the number and concentration of people m the area will likely
result after this land has been converted from an agricultural use to a more
intensive residential use. There will be a more intensive use of the property,
however, the intensity of the uses of the property would be in direct relationship
to the availability of public services, utilities and facilities as well as compliance
with established design standards. The design standards and availability of
facilities would provide the structure needed to insure that there will not be an
overcrowding of the land or undue concentration of people.
mewmirsumMM
Public service, facilities and infrastructure would be made available to the
developer. The developer would need to extend the needed City services that are
not currently extended to the property at the developers' expense and in
accordance with the City's policies and standards. New improvements to the
property such as roads, water, sewer, parks and drainage would be installed in
accordance with City policies and standards at the developers' expense, thereby
insuring that there is adequate provision of services to the site prior to
development. Fire, police, ambulance and public access are adequate to
accommodate potential impacts associated with the development of this site.
There will be impacts to services that can be anticipated as a result of this
proposal which can be met by the City.
• b•- •- Is-rQff-*PTjiRQHFrJMTMF• n • •
• ••-•t Owe ..• -
The proposed zoning furthers the long range development plans as reflected in
the recently adopted Kalispell Growth Policy for this area and provides
opportunities for housing in a development that is compatible with surrounding
land uses with the extension and provision of public services within reasonable
proximity to the City core. The proposed zoning will provide the basis for the
future land uses on this property, in accordance with the Kalispell Growth Policy.
This rezoning gives consideration to the suitability of this property for the
proposed use and concurrent zoning proposal.
�•- •- -. - -• •.- M •...• - ••MW - .. •. M • 9 r=R OWTIPM 110 • •-.
The general character of the area is transitional between the urban and rural /
agricultural use on the fringes of the City limits. The proposed zoning allows this
development to address needs within the community for housing options and
provides support services, public utilities and is in reasonable proximity to the
City core. Recent annexations in the area indicate that this type of development
will continue to occur on the urban fringes of the community to be developed
with similar types of uses as is proposed with this property, i.e. urban residential
rather than rural residential or suburban agriculture. It appears that the
proposed rezoning gives reasonable consideration to the character of the district.
There is a single-family residential subdivision immediately to the east that is
currently under development with a similar design and lot sizes. There has also
been interest in developing the property immediately to the north of this
subdivision as well as additional property to the west. The development
anticipated under the proposed zoning may be more intensive in nature than
that of other properties in the immediate area because of the available of public
services and utilities, however, the City standards will insure that there is high
quality development that will insure the value of buildings and homes is
protected, maintained and conserved.
n
The Kalispell Growth Policy future land use designations anticipates a
development such as that being proposed and will be developed with uses
anticipated for the area. The proposed zoning encourages the most appropriate
land use for this property and throughout the planning jurisdiction.
It is recommended that the Kalispell City Planning Board adopt Staff Report #KA-03-11
as findings of fact and forward a recommendation to the Kalispell City Council that the
initial zoning for this property should be R-4, Two Family Residential, upon annexation
to the City.
NW
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 INITUL ZONING
CITY OF KALISPELL MAY 5 2003
NAME OF APPLICANT: YVQVVI e E • -rUr'ne r I•CrrY PLANNING OFFICE
MAIL. ADDRESS: ;.lVV _ 7 r 1 U (]W� V VGS I
CITY/STATE/ZIP: +emuiropelt MT 5ggOr PHONE: 7-5-7-1&02-
INTEREST IN PROPERTY: De -VG 10,P'er
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: 55" aYid5 Gyrye) ingdnc,
MAIL ADDRESS: Z Vi l l aq c Loop
CITY/STATE/ZIP: KA.i l 5/ J� MT 5 q q o r PHONE: �5 5' l0 y8
INTEREST IN PROPERTY: %/e c hri l-cal 465 ! 5'i-an LG.
PLEASE COMPLETE THE FOLLOWING:
Address of the property:
Legal Description: %rq-c f 3
Etc --Tor) r , 7
(Lot and Block of Subdivision; "Tract #)
IV, R 22. W
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: CDtj-r]�( R —i
The proposed zoning of the above property is: iod t6 pe i l R - ,g
State the changed or changing conditions that make the proposed amendment necessary:
Thy Polley has dd0siaraafin
Mis oQaLr el rzs `Urban Re.sidez) tia / " tfl/if-h phis deslana- idrr
and 4he a l2fi vc ava i lalodi & of G fiy Sere/ ees,_&&Q her
.+I�; 4,. /I ri�if7n% ('/1 Js t'�f"it /2 �S �inr'16n/S i5 I)OW
Propria�e �Vr th%s PrOp4tly• -
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Tri-City Planning staff to be present on the
property for routine inspection during the annexation process.
5 5zo 3
(Applicant) (Date)
PETITION NO.:
PETITION TO ANNEX.
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioners Ter herei ex ress an intent to have the property as herein described
withdrawn from the r Q re _ Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
Petition /Owner Date
Petitioner/Owner Date
Please return this petition to:
Tri-City Planning Office
17 Second Street East, Suite 211
Kalispell MT 59901
Note: Exhibit A (legal description) must be attached for the petition to be valid.
STATE OF MONTANA )
ss
County of Flathead County
On this 1f' day of 43_> before me, the undersigned, a Notary Public for
the State of Montana, personal appeared WA!4 )Z g . 14R-A/t 'e- known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate fast above written.
otary blic, Str'ate of Montana
Residingat iG�c LC
My Commission expires: Q. — 1 S--® 7
STATE OF MONTANA )
ss
County of Flathead County
On this day of before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary 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 I , 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 Notary Seal the day and
year in this certificate fast above written.
Notary Public, State of Montana
Residing at
My Commission expires
*t':
The Daily Inter Lake, Sunday, May 25, 2003 E3 „Q
as described below is
jeing filed concurrently
with the annexation and
zoning request. The
property proposed for
annexation and zoning
can be described as As-
sessor's Tract 3 located
in Section 1, Township
26 North, Range 22
West, P.M.M., Flathead
County, Montana
2. A request by Wayne
Turner for preliminary
plat approval of Empire
Estates, a 347 lot single
family and duplex town-
house subdivision locat-
ed on the northeast cor-
ner of Three Mile Drive
and Stillwater Road.
This plat would create
lots intended for duplex -
townhouse development
on the perimeter of the
site and single family
lots on the interior of the
site. The subdivision
would be developed in
accordance with City of
Kalispell's design and
construction standards.
The preliminary plat is
being submitted in con-
junction with the annex-
ation of the property and
designation of initial
zoning of R-4, Two
Family Residential. The
property can be descri-
bed as Assessor's Tract
3 located in Section 1,
Township 28 North,
Range 21 West,
P.M.M., Flathead Coun-
ty, Montana.
3. A request by Jerry
and Laverne Scott for
an initial zoning desig=
nation of B-2, General
Business, upon annexa-
tion to the city of Kalis-
pell on approximately
one acre of property lo-
cated west of Meridian
Road between Meridian
Court and Second
Street West. The prop-
erty is currently in the
County zoning luhsdic-
tion and is zoned R-1,
Residential. The B-2
zoning designation an-
ticipates commercial de-
velopment. No develop-
ment proposal has been
presented at this time
but a minor subdivision
has been filed in con-
junction with the annex-
ation request to create
two commercial lots on
the east and west sides
of the extension of Meri-
dian Court. The proper-
ty proposed for annexa-
tion and zoning can be
described as Lot 10 and
11 B of Hollistees Meridi-
an Tracts and Lot 13 of
Block 1 Meridian Addi-
tion in Section 13,
Township 28 North,
Range 22 West.,
P.M.M., Flathead Coun-
ty, Montana.
4. A request by G.A.
Kirk Co. for an initial
zoning designation of B-
2, General Business
upon annexation to the
city of Kalispell on ap-
proximately 3.6 acres of
property located west of
Meridian Road between
Meridian Court and Sec-
ond Street West. The
property is currently in
the County zoning Juris-
diction and is zoned R-
1, Residential. The B-2
zoning designation an-
ticipates commercial
and multi -family devet-
opment. No develop-
ment proposal has been
presented at this time
but a 6 lot commercial
subdivision has been
filed in conjunction with
this application as de-
scribed immediately be-
low. The property pro-
posed for annexation
and zoning can be de-
scribed as Lots 11A,
12A, and the west por-
tion of Lots 13, 14 and
15 of Hollister's Meridi-
an Tracts and Lot 13 of
Block 1 Meridian Addi-
tion in Section 13,
Township 28 North,.
Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
5. A request by G.R.
Kirk Co. for preliminary
plat approval of Kirk
Subdivision, a six lot
commercial subdivision
located west of Meridian
Road between Meridian
Court and Second
Street West. This plat
would extend Meridian
Court to connect with
Second Street West
creating a new through
roadway with parcels on
the east and west sides
of the road. The proper-
ty contains approxi-
mately 3.6 acres. All
subdivision lots would
be served by public
sewer and water, a new
City street and would be
developed in accord-
ance with City of Kalis-
pell standards. The pre-
liminary plat is being
submitted in conjunction
with the annexation of
the property and desig-
nation of initial zoning of
B-2, General Business.
The property can be de-
scribed as Lots 11A,
12A, and the west por-
tion of Lots 13, 14 and
15 of Hollister's Meridi-
an Tracts and Lot 13 of
Block 1 Meridian Addi-
tion in Section 13,
Township 28 North,
Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
6. A request by Ron
and Marna Terry for a
conditional use permit to
allow the construction of
two triplaxes on proper-
ty zoned RA-1, Low
Density Residential
Apartment, located
the west side of Fil
Avenue East, north
18th Street appro
mately 600 feet. T
single family home
cated at 1605 Fifth A
East would be remov
and the triplexes cc
structed in its plat
The property can be c
scribed as approxima
ly the east half of f
sessors Tract 5-5 loc
ad in Section 17, Toy
ship 28 North, Range
West, P.M.M., Flathe
County, Montana.
7. A request by V
liam C. Rice for
change in zoning des
nation from RA-1, L
Density Resident
Apartment, to B-2, Gi
eras Business, on <
proximately one In
acre of property Iota:
on the west side of F
Avenue East, north
18th Street East appr
purpose of the change.
in zoning is to accom
modate the constructiort�
of mini -storage units te'
be located on this prop- =
erty and the property ,
adjoining it to the north,,'
The mini -storage faalt -
ties are subject to -se-,
conditional use permit i3
and will be considered"
in conjunction with this.;,.
request for a change irk ,*
zoning. The property
proposed for the zone_,{
change can be descrf
bed as the approximate-
ly west half of Asses- '
act's Tract 5-5 located.:.
in Section 17, Township;..-;;i
28 North, Range 21
West, P.M.M., Flathead'.:'.
County, Montana.
8. A request by Wil-
liam C. Rice for a condf-
tional use permit to al-
low the construction of ai:
mini -storage facility on --
property located on ap-
proximately one and
one-half acres of prop-
erty located on the west..
side of Fifth Avenue
East, north of 18th
Street East approxi-
mately 600 feet. Ap-
proximately one acre of
the property is currently
zoned B-2, General'
Business, which list
mini -storage facilities as.
a conditionally permitted+
use. in conjunction with
this request is a propos-
al to change the zoning.
on approximately one
half acre on the south
end of this property from
RA-1, Low Density Res-
idential Apartment, to B-
2, General Business, for
the purpose of accom-
modating a portion of
the mini -storage units.
The property proposed,
for the mini -storage fa-
cilities can be described
Tri-City Planning Office
17 Second Street Fast — Suite 211
SaHspeii, Montana 59901
Phone: (406) 751-1850
Fa= (4061751-1858
tricity@eenturytei.net
You are being sent this notice because you are a property owner within 150 feet of. the
proposed project noted below and will be most directly affected by its development You have
an opportunity to present your comments and concerns at the meeting noted below. You may
contact this office for additional information.
The regular meeting of the Kalispell City Planning Board and, Zoning Commission is
scheduled for Tuesday, June 10, 2003 beginning at 7.00 PM in the Kalispell City
Council Chambers, Kalispell City Halt, 312 First Avenue East, Kalispell. The planning
board wi[I-hold a public hearing and fake public comments -an the -following agenda
items. The board will make a recommendation to the Kalispell City Council who will
take final action.
1. A request by Wayne Turner for an initial zoning designation of R-4, Two Family
residential upon annexation to the city of Kalispell on approximately 67 acres
located at the northeast corner of Three Mile Drive and Stillwater Road. This
zoning designation anticipates single family and duplex or townhouse dwellings.
The property is currently in the County zoning jurisdiction and is zoned R-2,
Residential. A preliminary plat for 347 lots as described below is being filed
concurrently with the annexation and zoning request. The property proposed for
annexation and zoning can be described as Assessor's Tract 3 located in Section
1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
2. A request by Wayne Turner for preliminary plat approval of Empire Estates, a 347
lot single family and duplex townhouse subdivision located on the northeast
corner of Three Mile Drive and Stillwater Road. This plat would create lots
intended for duplex townhouse development on the perimeter of the site and
single family lots on the interior of the site. The subdivision would be developed
in accordance with City of Kalispell's design and construction standards. The
preliminary plat is being submitted in conjunction with the annexation of the
property and designation of initial zoning of R-4, Two Family Residential. The
property can be described as Assessor's Tract 3 located in Section 1, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
3. A request by Jerry and LaVerne Scott for an initial zoning designation of B-2,
General Business, upon annexation to the city of Kalispell on approximately one
acre of property located west of Meridian Road between Meridian Court and
Second Street West. The property is currently in the County zoning jurisdiction
and is zoned R-1, Residential. The B-2 zoning designation anticipates commercial
development No development proposal has been presented at this time but a
minor subdivision has been filed in conjunction with the annexation request to
create two commercial lots on the east and west sides of the extension of Meridian
Providing Community Planning Assistance To:
• City of Columbia Fails • City of Kalispell • City of Whitefish
Court. The property proposed for annexation and zoning can be described as Lot
10 and 11B of Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition
in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana.
4. A request by G.R. Kirk Co. for an initial zoning designation of B-2, General
Business upon annexation to the city of Kalispell on approximately 3.6 acres of
property located west of Meridian Road between Meridian Court and Second
Street West. The property is currently in the County zoning jurisdiction and is
zoned R-1, Residential. The B-2 zoning designation anticipates commercial and
multi -family development. No development proposal has been presented at this
time but a 6 lot commercial subdivision has been filed in conjunction with this
application as described immediately below. The property proposed for
annexation and zoning can be described as Lots 11A, 12A and the west portion of
Lots 13, 14 and 15 of Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian
Addition in Section 13, Township 28 North, Range 22 West; P.M.M., Flathead
County, Montana.
5. A request by G.R. Kirk. Co. for preliminary plat approval of Kirk Subdivision, a. six
lot commercial subdivision located west of Meridian Road between Meridian Court
and Second Street West. This plat would extend Meridian Court to connect with
Second Street West creating a new through roadway with parcels on the east and
west sides of the road. The property contains approximately 3.6 acres. All
subdivision lots would be served by public sewer and water, a new City street and
would be developed in accordance with City of Kalispell standards. The
preliminary plat is being submitted in conjunction with the annexation of the
property and designation of initial zoning of B-2, General Business. The property
can be described as Lots I IA, 12A and the west portion of Lots 13, 14 and 15 of
Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition in Section 13,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
6. A request by Ron and Merna Terry for a conditional use permit to allow the
construction of two triplexes on property zoned RA-1, Low Density Residential
Apartment, located on the west side of Fifth Avenue East, north of 18th Street
approximately 600 feet. The single family home located at 1605 Fifth Ave East
would be removed and the triplexes constructed in its place. The property can be
described as approximately the east half of Assessor's Tract 5-5 located in Section
17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
7. A request by William C. Rice for a change in zoning designation from RA-1, Low
Density Residential Apartment, to B-2, General Business, on approximately one
half acre of property located on the west side of Fifth Avenue East, north of 18th
Street East approximately 600 feet. The purpose of the change in zoning is to
accommodate the construction of mini -storage units to be located on this
property and the property adjoining it to the north. The mini -storage facilities are
subject to a conditional use permit and will be considered in conjunction with
this request for a change in zoning. The property proposed for the zone change
can be described as the approximately west half of Assessor's Tract 5-5 located in
Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
8. A request by William C. Rice for a conditional use permit to allow the construction
of a mini -storage facility on property located on approximately one and a half
acres of property located on the west side of Fifth Avenue East, north of 181h
Street East approximately 600 feet Approximately one acre of the property is
currently zoned B-2, General Business, which list mini -storage facilities as a
conditionally permitted use. In conjunction with this request is a proposal to
change the zoning on approximately one half acre on the south end of this
property from. RA-1, Low Density Residential Apartment, to B-2, General
Business, for the purpose of accommodating a portion of the mini -storage units.
The property proposed for the mini -storage facilities "can be described as the
Assessor's Tract 5-2 and the approximate west half of Assessor's Tract 5-S located-
in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
Documents pertaining to these agenda items are on file for public inspection at the
Tri-City Planning 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
concerns known to the Board. Written comments may be submitted to the Tri-City
Planning 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.
r—
Thomas R- Jentz
Planning Director
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TURNER / EMPIRE ESTATES SUBDIVISION
INITIAL ZONING UPON ANNEXATION
,.,
, TWO FAMILY RESIDENTIAL - CITY OF KALISPELL
FROM R-2, RESIDENTIAL - FLATHEAD COUNTY ZONING
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