Staff Report/Annexation & ZoningCity of Kalispell
Planning Department
17 - 2nd Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT FESN, Inc. - Annexation, Initial Zoning of
R-2 and Preliminary Plat of Fox Trotter Meadows
MEETING DATE: March 5, 2007
BACKGROUND: The City Council will consider an annexation, initial zoning and
preliminary plat request at the March 5th meeting. The annexation and initial zoning
request has changed slightly from what the planning board reviewed at its December
12, 2006 meeting.
During the December 12u planning board hearing the board reviewed an initial zoning
proposal that included a 30-foot wide strip of land included on the property
immediately west of the subdivision, described as Tract 1 of Certificate of Survey 7084.
The 30-foot strip of land was included as part of the subdivision road serving Fox
Trotter Meadows.
The planning board recommended approval of the initial zoning district of R-2 and the
proposed subdivision subject to the conditions contained in the staff report. Shortly
after the planning board's December 12ei recommendation, the owner of the 30-foot
wide strip of land had decided not to sign the annexation application and, therefore, the
subdivision, as proposed to the planning board, could not be forwarded to the City
Council.
The developers of the Fox Trotter Meadows subdivision revised their plans and
requested a variance to the road design standards to allow a 45-foot wide right-of-way
instead of the required 60-foot right-of-way. This variance request is discussed in detail
in the addendum to the Fox Trotter Meadows staff report.
The staff report for the initial zoning of the properties included in the subdivision
application, staff report #KA06-14, has also been amended to reflect the latest
subdivision proposal before the council. The 30-foot wide strip of land included on the
property immediately west of the subdivision has been omitted from the amended staff
report.
FESN - Annexation, Initial Zoning of R-2 and Preliminary Plat of Fox trotter Meadows
February 26, 2007
Page 2
Respectfully su t d,
Sean Conrad
Senior Planner
Report compiled: February 26, 2007
Attachments:
c: Theresa White, Kalispell City Clerk
apes H. Patrick
City Manager
REPORT TO:
FROM:
SUBJECT
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James H. Patrick, City Manager
FESN, Inc. - Annexation and Initial Zoning of
R-2, Suburban Residential
MEETING DATE: March 5, 2007
BACKGROUND: The Kalispell City Planning Board met on December 12, 2006 and
held a public hearing to consider a request for annexation and an initial zoning
designation of R-2, Single Family Residential, on approximately 11 acres. The
properties included in the annexation and initial zoning request are located off of
Stillwater Road and Four Mile Drive in the NE /4 of Section 2, Township 28 North,
Range 22 West.
The Kalispell City Planning Board met on December 12, 2006 and held a public
hearing to consider the request. Staff evaluated the proposed zoning and
recommended initial zoning of R-2 based on the surrounding city zoning and the
Kalispell Growth Policy.
At the public hearing Mike Fraser from TD&H Engineering spoke in favor of the
subdivision. There were also two property owner who spoke in opposition. Their
concerns included the density allowed under the proposed R-2 zoning and the
potential accompanying problems higher density development brings with it; increased
traffic, drainage problems and weed problems.
After the public hearing and board discussion a motion was made and passed on a 4
to i vote to forward a recommendation that initial zoning for the properties included in
the annexation request by R-2 upon annexation
RECOMMENDATION: A motion to approve the resolution annexing the property and
a motion to approve the first reading of the ordinance for initial zoning would be in
order
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
FFSN - Annexation and Initial Zoning of R-2
February 26, 2007
Page 2
Respectfully su ed,
Sean Conrad
Senior Planner
Report compiled: February 26, 2007
Attachments:
c: Theresa White, Kalispell City Clerk
James H. Patrick
City Manager
Return to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5183
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS TRACT 2 OF
CERTIFICATE OF SURVEY 7084 AND A PORTION OF PARCEL A OF CERTIFICATE
OF SURVEY 15697, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" IN
SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS FOX TROTTER ADDITION NO.389; 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 FESN, LLC, the owners ofproperty
located at the northwest corner of the intersection of Stillwater Road and Parkridge
Drive, requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-06-14, dated November 15, 2006, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-2, Single Family Residential, on approximately 11 acres
upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described above and 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 Fox Trotter Addition No.
389.
SECTION 11. 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 5TH DAY OF MARCH, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
KA-06-14
FESM, Inc. Annexation
Cost of Services Analysis (Residential)
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 Proposed to be annexed
24 single family houses
Estimated Increase in Population: (based on US Census Figure of 2.2 per household)
53
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
• Roads: $193.56 per dwelling unit
Additional cost in road maintenance
53 x 68.84 = $ 3,648
53 x 110.00 = $ 5,830
53 x 39.48 = $ 2,092
(none for five years) _ $
24 x 193.56 =$ 4,645
• Water: $221.21 per ERU (Equivalent Residential Unit)
Additional cost in water line maintenance 24 x 221.21 = $ 5,309
• Sewer: $329.64 per ERU
Additional cost in sewer maintenance
• Stormwater: $72.68 per ERU
Additional cost in storm maintenance
Total Anticipated Cost of Services:
Anticipated Revenue Generated
Assessments based on square footage:
24 x 329.64 = $ 7,911
24 x 72.68 = $ 1,744
31 179
0
Average square foot per lot: 13,050 square feet
• Storm sewer assessment $0.004480 per square foot (capped at 1/2 acre for
residential)
Revenue from storm sewer assessments 24 x 13,050 x $0.004480 = $ 1,403
• Street maintenance assessment $0.0101 per square foot (capped at 1/2 acre for
residential)
Revenue from street maintenance assessments 24 x 13,050 x $0.0101 = $ 3,163
• Urban forestry assessment $0.00135 per square foot (capped at $150 for residential)
Revenue from urban forestry assessments 24 x 13,050 x $0.00135 = $ 422
• Special Assessments: There are no special assessments. _ $ 0
• Light maintenance assessment $0.003 per square foot (no cap)
Revenue from light maintenance assessment 24 x 13,050 x $0.003 = $ 940
Total Antkinated Revenue From Assessments:
5 928
• Water system impact fee $2,155 per residence
Revenue from water system impact fee 24 x $2,155 = $ 51,720
• Wastewater impact fee $2,433 per ERU (A single family home is (1) ERU)
Revenue from wastewater impact fee 24 x $2,433 = $ 58,392
• Stormwater impact fee $1,092 per ERU (A single family home is (1) ERU)
Revenue from stormwater impact fee 24 x $1,092 = $ 26,208
• Police impact fee $43 per unit (single family residential)
Revenue from police impact fee 24 x $43 = $ 1,032
• Fire impact fee $533 per unit (single family residential)
Revenue from fire impact fee 24 x $533 = $ 12,792
Total Anticipated Revenue From Impact Fees: $150,144
General revenue:
• Assessed value per property: $ 300,000/house
Total assessed value: 24 x 300,000 = $ 7,200,000
Total taxable: 7,200,000 x 0.03543 = $ 255,096
• Total additional general revenue based on 170 mill levy:
$255,096 x 0.170 = 43,366
Total Revenue Generated to the City $ 199,438
NET ADDITIONAL ANNUAL REVENUE TO TEM CITY: $168,259
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.
City of Kalispell
Planning Department
17 - 2" d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
February 26, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: FESN, Inc. — Annexation and Initial Zoning of R-2
Dear Jim:
The Kalispell City Planning Board met on December 12, 2006 and held a public
hearing to consider a request for annexation and an initial zoning designation of R-2,
Single Family Residential, on approximately 11 acres. The properties included in the
annexation and initial zoning request are located off of Stillwater Road and Four Mile
Drive in the NE '/a of Section 2, Township 28 North, Range 22 West.
Sean Conrad of the Kalispell Planning Department, presented staff report #KA-06-14
and evaluated the proposal. He noted the proposed subdivision plans for the property
and that staff is recommending approval of the proposed R-2 zoning.
At the public hearing Mike Fraser from TD&H Engineering spoke in favor of the
subdivision. There were also two property owner who spoke in opposition. Their
concerns included the density allowed under the proposed R-2 zoning and the
potential accompanying problems higher density development brings with it; increased
traffic, drainage problems and weed problems.
The board discussed the density allowed under the R-2 zoning. A motion was made to
recommend approval of the proposed R-2 zoning upon annexation to the city which
was approved on a 4 to 1 vote.
Please schedule this matter for the March 5, 2007 regular Kalispell City Council
meeting. You may contact this board or Sean Conrad at the Kalispell Planning
Department if you have any questions regarding this matter.
FESN Annexation and Initial Zoning
February 26, 2007
Page 2
Sincerely,
Kalispell City Planning Board
717
Timothy Norton
President
Attachments: Exhibit A - Petition to Annex
Staff report #KA-06-14 and application materials
Draft minutes from the 12/ 12/06 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: FESN, LLC
690 N. Meridian Road, Suite 103
Kalispell, MT 59901
FESN, LLC
INITIAL ZONING UPON ANNEXATION R-2 (Amended)
KALISPELL PLANNING DEPARTMENT
STAFF REPORT NKA-06-14
NOVEMBER 15, 2006
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for an initial zoning designation of R-2 upon annexation to the city of Kalispell on
approximately 11 acres. A public hearing has been scheduled before the planning board
for December 12, 2006 beginning at 7:00 PM in the Kalispell City Council Chambers. The
planning board will forward a recommendation to the Kalispell City Council for final
action.
BACKGROUND INFORMATION
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioner
would like to annex in order to receive City services.
A. Petitioner and Owners: FESN, LLC
690 N. Meridian Road, Suite 103
Kalispell, MT 59901
(406) 752-2881
B. Location and Legal Description of Property: The properties proposed for
annexation are located on the west side of Stillwater Road. Of the two
properties proposed for annexation, one is located at the northwest corner of
the intersection of Stillwater Road and Parkridge Drive. The property includes
a 10 acre property with an existing home on it addressed as 250 Stillwater
Road. This 10 acre property can be legally described as Tract 2 of Certificate of
Survey 7084 located in Section 2, Township 28 North, Range 22 West.
The second property proposed for annexation is a 0.90 acre property located off
of Four Mile Drive approximately 1/2 mile west of the intersection of Four Mile
Drive and Stillwater Road. The property would be divided off of a larger tract of
land described as Parcel A of Certificate of Survey 15697. The property, if
annexed into the city, would become parkland for the subdivision proposed on
the 10 acre tract of land located at 250 Stillwater Road.
C. Existing zoning: The properties are currently in the County zoning jurisdiction
and are zoned County AG-80, Agricultural, and SAG-5, Suburban Agricultural.
The AG-80 zoning designation has a minimum lot size of 80 acres and is
intended to protect and preserve agricultural land for the performance of a
wide range of agricultural functions. It is intended to control the scattered
intrusion of uses not compatible with an agricultural environment, including,
but not limited to, residential development.
The SAG-5 zoning district is intended to provide and preserve smaller
agricultural functions and to provide a buffer between urban and unlimited
agricultural uses, encouraging separation of such uses in areas where potential
conflict of uses will be minimized, and to provide areas of estate type
residential development.
D. Proposed Zoning: The proposal would designate the property as City R-2, a
residential zoning district that anticipates single-family homes as a primary
use. The minimum lot size requirement for the R-2 zoning district is 9,600
square feet.
E. Size: The properties proposed for annexation and zoning contain approximately
11 acres.
F. Existing Land Use: The properties are currently developed with one single family
residence and used for farmland.
G. Adjacent Land Uses and Zoning: The area can be described as being located
in an urbanizing area of the City as several subdivisions have been given
preliminary plat approval to the south and east of this site along Stillwater
Road. The area immediately surrounding the proposed site is made up of
larger single-family tracts of land within the county. These tracts of land vary
in size from 5 acres to over 200 acres. However, southeast of the 10 acre site
is the Empire Estates subdivision which is in the City of Kalispell. Lots within
this subdivision range in size from 3,000 square feet to 6,000 square feet.
North:
Residential development, County AG-80 zoning
South:
Residential development, County SAG-5 zoning
East:
Residential development, County SAG-10 zoning
West:
Residential/Agricultural development, County AG-80 zoning
H. General Land Use Character. The general land use character of the area is a mix
of agricultural land with rural residential development in the County. 'there is a
city subdivision, Empire Estates, with urban density immediately southeast of the
proposed project site.
L Availability of Public Services: City water and sewer services are located east of
the site along Parkridge Drive. The owner has also requested a preliminary plat to
create 24 residential lots in conjunction with the annexation and initial zoning
request. If the annexation, initial zoning and preliminary plat are approved, the
owner would be required to extend water and sewer lines to serve the subdivision.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized criteria
described by 76-2-304, M.C.A.
Does the requested zone comply with the Kalispell Growth Policy?
The Kalispell Growth Policy designates this area as Suburban Residential which
anticipates a density of up to 4 dwelling units per gross acre. The 10 acre property
is proposed for R-2 zoning, a residential zoning designation that anticipates single-
family homes as the primary use on lots not less than 9,600 square feet in size or
approximately 3.5 dwellings per gross acre. The proposed zoning designation is in
substantial compliance with the future land use designation of Suburban
Residential and can be considered to be appropriate for the area.
2. Is the requested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed development of the properties that will be
associated with the zoning will increase traffic impacts in the area due to the
relatively undeveloped nature of the properties and rural nature of the area.
However, the proposed R-2 zoning district would limit the potential residential
density on the land thereby minimizing congestion on the surrounding streets.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. New construction will be required to be in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal services including police and fire protection,
water and sewer service is available to the area and will be extended as part of
the development of this property.
4. Will the requested zone oromote the health and general welfare?
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.
5. Will the requested zone provide for adequate light and air?
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.
6. Will the requested zone prevent the overcrowding of land?
The requested zoning designation is consistent with the type of development which
is anticipated by the Kalispell Growth Policy Puture Land Use Map. The requested
zone will not contribute to the overcrowding of land. Adequate public
infrastructure including sewer, water, stormwater management and street
development would be required when the applicant develops the land to the R-2
density.
7. Will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will likely result
after this land has been converted from a rural residential zoning district to a more
intensive residential zoning district. There will be a more intensive use of the
property, however, with the intensity of the uses of the property in direct
relationship to the availability of public services, utilities and facilities as well as
compliance with established standards found in the R-2 zoning district, there will
not be an undue concentration of people.
8. Will the reauested zone facilitate the adeauate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Q
10.
The owner requesting annexation and initial zoning of R-2 has also submitted a 24
lot subdivision proposal for the 10 acre property. If the annexation, initial zoning
and proposed subdivision are approved, 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.
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.
The proposed zoning district gives consideration to the suitability of this property
for the permitted use allowed in the R-2 zoning district. The 10 acre project site as
well as the 0.90 acre future park site is not within any designated 100-year
floodplain and the topography of the site consists of a sloping hillside with slopes
no greater than 10%. The proposed City R 2 zoning permits single-family
residences and compatible uses including parks and daycare centers.
The general character of the area is a mix of agricultural uses and rural residential
development. The proposed zoning allows suburban residential development to
address needs within the community for housing in reasonable proximity to the
City core.
Surrounding land uses are residential in nature however lands immediately
adjacent to the project site are located within the County. Surrounding zoning
districts in the County include County AG-80, an 80-acre minimum lot size,
County SAG-10, a 10-acre minimum lot size, and County SAG-5, a 5-acre
minimum lot size. As the City of Kalispell continues to grow the higher density
residential zones allowed in the City will continue to encroach into agricultural
lands and rural residential development. Although the City R-2 zoning district
allows for smaller lots than the surrounding County zoning districts, the City R-2
zoning district would still maintain the residential character of the area. The
proposed City R-2 zoning district also furthers the long range development plans
as reflected in the adopted Kalispell Growth Policy for this area.
11. Will the proposed zone conserve the value of buildings?
The surrounding area is comprised of single-family residences on larger tracts of
land or agricultural tracts of land. The development anticipated under the
proposed zoning may be more intensive in nature than that of other properties in
the immediate area however City standards will insure that there is high quality
development which in turn will insure the value of buildings and homes are
protected, maintained and conserved.
12. Will the requested zone encourage the most appropriate use of the land throughout
the iurisdiction?
The Kalispell Growth Policy future land use designation anticipates the areas on
the east side of Stillwater Road to be residential in nature. The Growth Policy also
provides a maximum density for this area of 4 dwellings per gross acre. The
proposed City R-2 zoning encourages the most appropriate land use for this
property given the different densities and permitted uses within the eight primary
residential zoning districts within the Kalispell zoning ordinance. The proposed
City R-2 zoning can also be found to comply with the Kalispell Growth Policy
future land use map which is the basis for reviewing land use changes within the
Kalispell planning jurisdiction.
It is recommended that the Kalispell City Planning Board adopt Staff Report #KA-06-14 as
findings of fact and forward a recommendation to the Kalispell City Council that the initial
zoning for this property should be R-2, Single Family Residential, on approximately 10
acres as proposed on the attached vicinity map upon annexation to the City.
SC
City of Kalispell
Planning Department
17 - 2"' Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: FESN, LLC
MAIL ADDRESS: 690 N. Meridian Road, Suite 103
CITY/STATE/ZIP:—Kalispell, MT 59901 PHONE: 406-752-2881
INTEREST IN PROPERTY: owner
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: Michael W. Fraser
MAIL ADDRESS: 690 N. Meridian Road, Suite 103
CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 752-2881
INTEREST IN PROPERTY: Owner
PLEASE COMPLETE THE FOLLOWING:
Address of the roe 250 Stillwater Road
P P rtY�
Tract 2 of
Legal Description: survey 7as
e or survey 1UH4, a portion of Tract 1 of Certificate of
tion of the NW 1/4 of the NE 111-Sertign 2 T2nr nee W
and Block of Subdivision: Tract A
NE/4 Section 2 T2BN R22 W PMM
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac) lo.s+/- ac
The present zoning of the above property is: _
The proposed zoning of the above property is:
SA AG-80 & SAG -5
R-2
State the changed or changing conditions that make the proposed amendment necessary:
Annexation_ into City, extension of City water and sewer and change in density.
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 Kalispell Planning staff to be present on the
property fof routine inspection during the annexation process.
G c.4-Z —v(
(Date)
1
Return to:
Theresa White
Kalispell City Clerk
P_O. Box 1997
Kalispell, MT 5 99 03
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter refeued 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
frrther 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 mamer as such services
are provided or made available to other properties within the rest of the municipality.
Petitioners) 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 ofmimicipal services to the property requested to be annexed.
The Petn ioner(s) ether herein express an intent to have the pruperty as herein described
withdrawn from the Flathead County 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 nm 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.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum Of 5 years from date of annexation.
AAjL) r 4 1��� — eP
etitioner/Owner Date
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
Fxy
County of Flathead County
On this c�_day of JjLQ6 before me, the undersigned, a Notary Public for
the State of Montana, personally appeared kttC rfAS'L LJ. FQIFS£2- 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 setmy hand and affixed my Notary Seal the day and
year in � cLfirsLbove written.* Notary Public,_State of Montana
Residing at k� �,,, wI o -aG o'7 My Commission exppi s: -d
STATE OF MONTANA )
as
County of Flathead County
On this day of I_, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
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 first above written.
Notary Public, State of Montana
Residing at
My Commission expires
Exhibit A
Fox Trotter Meadows
Annexation & Initial Zoning
Legal Description
Three tracts of land in the South Half of the Southeast Quarter of the Northeast
Quarter of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, described as follows:
Tract 2 of Certificate of Survey No. 7084, further described as
Commencing at the East Quarter corner of said Section 2; thence North
00°38'45" East, on and along the East boundary of said Northeast
Quarter, a distance of 30.00 feet to the True Point of Beginning; thence
North 00"3845" East continuing on and along said East boundary of the
Northeast Quarter, a distance of 631.88 feet; thence South 89°4332"
West, on and along the North boundary of said South Half of the
Southeast Quarter of the Northeast Quarter, a distance of 689.85 feet
thence South 00°3845" West, a distance of 632.00 feet; thence North
89°42'57" East, a distance of 689.85 feet to the True Point of Beginning.
A portion of Certificate of Survey No. 15697, further described as
Commencing at the Northwest corner of the Northeast Quarter of Section
2, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana; thence N89°57'50" East a distance of 200.00 feet to the Point
of Beginning; thence South 00°26'06" West a distance of 300.00 feet,
thence North 89°57'50" East a distance of 118.76 feet, thence North
00°26'06" East a distance of 300.00 feet, and thence South 89°57'50"
West a distance of 118.76 feet to the Point of Beginning.
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REQUEST FOR ANNEXATION & INITIAL ZONING OF R-2
SINGLE FAMILY RESIDENTIAL FROM COUNTY AG-80
AGRICULTURAL I 1 CONCURRENTLY
PRELIMINARY
City of Kalispell
Planning Department
17 - god Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
MEMORANDUM
TO: Kalispell City Staff
Other Interested Parties
FROM: Sean Conrad, Senior Planner
RE: October 120+ Site Review Committee meeting
DATE: October 2, 2006
The Planning Department has received the following applications for review:
• A request by the Owl Corporation for annexation and initial zoning of R-3 (Urban Single
Family Residential) on approximately 58.5 acres located along Stillwater Road
immediately north of the West View subdivision. The property requesting the
annexation and initial zoning is described as the north half of Assessor's Tract 5 in
Section 25, Township 29 North, Range 22 West.
A request by Roger Olson for a four lot minor subdivision (Willow Glen Heights) located
on the west side of Willow Glen Drive approximately 100 feet south of the intersection of
Kelly Road and Willow Glen Drive. The property is 3.4 acres in size and the lots would
vary in size from 0.42 of an acre to 0.27 of an acre. Muskrat Slough is located along
the western boundary of the site and the owner has placed approximately 2.15 acres
along the slough into common area. The owner is requesting a variance to Section
3.06(D) of the Kalispell Subdivision Regulations which prohibits two flag lots to be
adjacent to one another. The Flag lots are shown on the preliminary plat as Lots 2 and
3. The property is described as Assessor's Tract 7NA and is located in Section 20,
Township 28 North, Range 21 West.
A request by 93 & Church, LLC for annexation and initial zoning on approximately 325
acres located 2.2 miles north of West Reserve Drive along Highway 93. The owners are
also requesting a Planned Unit Development (PUD) to allow 466 single family
residences, 120 townhomes and 12 neighborhood commercial building lots with a 2 '/z
acre site set aside for a future fire station. Along with the PUD application is a request
for preliminary plat approval to create 249 residential lots varying in size from 1/4 to '/2
acre in size. The project has been named Silverbrook Estates. The property is located
at the southwest comer of the intersection of Highway 93 and Church Drive. The
property is described as Assessor's Tracts 1, 2, and 3AA located in the NE '/4 of Section
13, Township 29 North, Range 22 West.
• A request by Glacier Meadows LLC to create 411 lots on approximately 85 acres zoned
R-4/PUD (Two Family Residential/Planned Unit Development) and amend the existing
PUD to allow for smaller lots sizes, reduced setbacks and increased lot coverage. Of the
411 lots proposed 409 lots will be single family residences, one lot will provide for
apartment units and the other lot will provide for townhomes. The property is
described as Assessor's Tract SC located in the SW V4 of Section 36, Township 29 North,
Range 22 West.
A request by FESN LLC for annexation and initial zoning of R-2 (Single Family
Residential) for 10 acres located at 250 Stillwater Road. In addition, the applicant is
requesting approval of a preliminary plat to create 23 lots ranging in size from
approximately '/4 to one acre in size. The property can be described as Tract 2 of
Certificate of Survey 7034 and is located in the SE V4 of Section 2, Township 28 North,
Range 22 West.
If you need additional information regarding the above proposals please call me. Any
comments on the above projects should be in to the Planning Department by October 20t". The
Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the Building Department
located at 411 - I- Avenue West in Kalispell. Thank you for taking the time to review and
comment.
c: w/attachments. F. Ray Ruffatto, Fire Dept.
Mike Baker, Parks and Rec
James Patrick, City Manager
P.J. Sorensen, Zoning Administrator
Roger Krauss, Police Dept.
Frank Castles, Deputy Public Works Director/Assistant City Engineer
Jim Hansz, Public Works Director/City Engineer
Mark Crowley, Construction Manager
Susie Turner, Stormwater Engineer
Sandy Wheeler, Community Redevelopment
Craig Kerzman, Chief Building Inspector
Charles Harball, City Attorney
c: w/o attachments: Applicants
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING
COMMISSION
DECEMBER 12, 2006
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, De-
cember 12, 2006 begin.
ning at 7:00 PM in the
Kalispell City Council
Chambers, Kalispell
City Hall, 312 First Ave-
nue East. Kalispell. The
planning board will hold
a public hearing and
take public comments
on the following agenda
items. The Board will
make a recommends=
tion to the Kalispell City
Council who.will take fi-j
nal action. - - --
1. A revised request
from Apex 1, LLC, for
annexation, initial zon-
ing, planned unit devel-
opment (PUD) and pre..
liminary plat approval of
Cottage Gardens on ap—
proximately 10.75
acres. The owner is re-
questing annexation into.
the City of Kalispell with
the R-2 (Single Famiiv
Residential) zoning dis-
trict The owner is also
requesting a PUD zon-
ing district on the prop-
erty to allow reduced lot
sizes in the R-2 zoning..
district and a preliminary -
plat to create 47 lots:
ranging in size from
2,600 net square feet to:
4.350 net square feet..
The property is currently
zoned County AG-80-
and is located on the
north side of Three Mile:
Drive approximately
1,000 feet west of the.
intersection of Meadows-.
Lane and Three Mlle
Drive. There is an exist-
ing house on the prop
arty addressed as 575
Three Mile Drive. Thai
property can be legally
described as Tract 1 of
Certificate of Survey
9981, located in the SW
1/4 and SE 114 of Sec-
tion 27, Township 28
North, Range 22 West.
2. A request by FESN
LLC for annexation, ini-
tial zoning and prelimi-.
nary plat approval of
Fox Trotter Meadows on
10 acres located at 250
Stillwater Road. The
owner is requesting an,
nexation into the City of
Kalispell with the R-2
(Single Family Residen-
tial) zoning district and
is also requesting a pre-
liminary plat to create
24 lots ranging in size
from approximately 1/4
to one acre in size, The
c "-TV call he descri-
bt J `ram :7 : i Canifi-
..a.c c, curvev 7084 and
or aecnon z, iownsnip
28 North, Range 22
West.
3. A request from the
Somers Land Company
for annexation, initial
zoning and preliminary
plat approval of Ashley
Park, Phase 9 on ap-
proximately 8.8 acres.
The owner is requesting
annexation into the City
of Kalispell with the R-4
(Two Family Residen-
tial) zoning district The
owner is also requesting
a preliminary pplet to cre-
ate 22 lots (12 single
family and 10 town-
house lots) ranging in
size from 4,530 square
feet to 18,000 square
feet. The property is
currently zoned County
R-4 and is located on
the south end of Pintail
Drive, immediately
south Ashley Park sub-
division phase 7. The
property can be legally
described as a portion.
of Tract 4, located in the
SW 114 and SE 114 ofr
Section 19, Township
28 North, Range 21
West.
4. A request by James
and Peggy Mathiason.:
for annexation, initial
zoning and preliminary
on approximatel,
acres. The owners
reauestina the R-3
and approval of a pre-
liminary plat to create 6
lots ranging in size from:
7,840 square feet to-
10,000 square feet.
The property is currently'.
zoned County R-1 and"
is located on the east
side of Valley Viewc
Drive approximately.
1,000 feet south of the
intersection of Valle,
View Drive and Foy&
Lake Road. There is an
existing house on the
property addressed as,
115 Valley View Drive.,
The property can be le-
gally described as As-
sessors Tracts 3DEA
and 3DE in Section 13,
Township 28 North,
Range 22 West.
5. A request by the Vi-
olence Free Crisis Line,
and Alex Hasson for a.
planned unit develop -
merit (PUD) zoning dis-
trict and preliminary plat
approval of the Resub-
division:-of 1AIMMON
Subdivision #117'on ap.-
proximately 4'acres..
The property has re-
cently been annexed in-
to the city with the R-3:
(Urban Single Family
Residential) zoning dis-
trict. The owner is re-
questing a PUD zoning.
district on the property
UD
KALISPELL PLANNING DEPARIi11ENI
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
SHERI CONKLIN BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
to allow reduced lot
sizes in the R-3 zoning
district and a preliminary
plat to create 7 lots
ranging in. size from_,
6,098 square feet to
29,620 square feet.
The property is located
on both the east and
west sides of Denver
Avenue. There is an
existing home on the
property addressed as
60 Denver Avenue. The
property can be descri-
bed as Lot 1 of Minor
Subdivision Plat Num-
ber 117 located in the
NW 114 of Section 19.
Township 28 North,
Range 21 West
STATE OF MONTANA, AND THAT NO. 11233 Documents pertaining
LEGAL ADVERTISMENT WAS to hefile
forpublcenspec
tion at the Kalisel
PRINTED AND PUBLISHED IN THE REGULAR AND Planning Department,
ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND suite 211, Kalispell MT
EVERY COPY THEREOF ON THE DATES OF 59901. and are avaiia-
ble for public review
NOV 26, 2006 during regular office
hours.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FORTHESA VIENUMBER OF INSERTIONS.
r7,2�006C%Q
Subscribed and sworn to rial NBefore me this NOVEMBER
l
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires 9/11/09
Interested persons are
encouraged to attenc
the hearing and make
their views and con
cerns known to the
Board. Written com-
ments may be submit
ted to the Kalispell Plan
ning Department at the
above address, prior t(
the date of the hearing
or you may call us a
(406) 751-1850, or e
mail us at plannini
p
Its ell.com for add.Mons
Information.
(a/Thomas R. Jentz
Thomas R. Jerdz
Planning Director
November 26. 2006.
ORDINANCE NO. 1602
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL
PROPERTY, MORE PARTICULARLY DESCRIBED AS TRACT 2 OF CERTIFICATE OF
SURVEY 7084 AND A PORTION OF PARCEL A OF CERTIFICATE OF SURVEY 15697, IN
SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL, AND SAG-5,
SUBURBAN AGRICULTURAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, FESN, LLC, the owners of the property described above, petitioned the City of Kalispell that
the zoning classification attached to the above described tracts of land be zoned R-2, Single
Family Residential, on approximately 11 acres of land, and
WHEREAS, the property is located at the northwest corner of the intersection of Stillwater Road and
Parkridge Drive, and
WHEREAS, FESN's petition was the subject of a report compiled by the Kalispell Planning Department,
Staff Report #KA-06-14, dated November 15, 2006, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described above be
zoned R-2, Single Family Residential, as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described
R-2, Single Family Residential, the City Council finds such initial zoning to be consistent
with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in
Section 76-3-608, M.C.A., and State. Etc. v. Board of County Commissioners, Etc. 590 P2d
602, the findings of fact of KPD as set forth in Staff Report No. KA-06-14.
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 above as R-2, Single Family Residential, on
approximately 11 acres of land.
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 AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 19TH DAY OF MARCH, 2007.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk