Staff Report/Annexation & ZoningTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Annexation and Initial Zoning of RA-1 - South of Sunnyside Drive
MEETING DATE: February 4, 2002
BACKGROUND: This is a request by Gaylon Owens / Owl Corporation for annexation
and initial zoning on property located south of Sunnyside Drive and west of Ashley
Creek for approximately 11 acres. The applicants are proposing City R-4, a
Residential zoning district, which has a minimum lot size of 6,000 square feet and
allows duplexes and single-family homes as permitted uses. Currently there are no
development plans for the property. The property is currently under the County
zoning jurisdiction and is zoned R-1, Suburban Residential, which has a minimum lot
size requirement of one acre.
At the public hearing a couple from the area to the west noted that when the Kalispell
Bypass is constructed there will be more traffic in the area. After the public hearing,
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 land use in the area is primarily single-family residential and duplexes to the east
where City services are available and large tract residential to the west which
transitions to a more rural area of the county.
The Kalispell City Planning Board held a public hearing at their first regular meeting
of January 15, 2002. A motion was made and passed unanimously to forward a
recommendation to the Kalispell City Council that initial zoning for this property
should be R-4, Residential,, upon annexation.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4,
Two -Family Residential, zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls 9 City of Whitefish •
Gaylon Owens and R-4 Zoning
January 25, 2002
Page 2
Respectfully submitted,
l.*hj4 q . �d/
Narda A. WIlson
Senior Planner
Report compiled: January 25, 2002
c: Theresa White, Kalispell City Clerk
Chris A. Kukulski
City Manager
Attachments: Transmittal letter
Legal description (Exhibit A)
Staff report KA-01-8 and application materials
Draft minutes from 1 / 15 / 02 planning board meeting
H: \ FRDO \TRANSMIT\ KALISPEL\2001 \ KA01-8MEMO.DOC
RESOLUTION NO. 4679
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 IN "EXHIBIT A", TO BE
KNOWN AS OWENS ADDITION NO. 310; 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 Gaylon
Owens/Owl Corporation, the owner of property located west
of Lone Pine View Estates, south of Sunnyside Drive and
east of the Burlington Northern right-of-way and further
described in Exhibit A, attached hereto and thereby made
a part hereof, requesting that the City of Kalispell
annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Gaylon
Owens' Annexation Request, #KA-01-8, dated January 8,
2002, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission
recommended that the territory be annexed into the City
of Kalispell, and
WHEREAS, said territory is included within and conforms to the
Kalispell City -County Master Plan, 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 in
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 Owens Addition No. 310.
SECTION II. Upon the effective date of this Resolution,
the City Clerk is directed to make and certify under the
seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City
Council and file said documents with the Flathead County
Clerk and Recorder.
From and after the date of filing of said documents as
prepared by the City Clerk, or on the effective date
hereof, whichever shall occur later, said annexed
territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws
and ordinances and regulations in force in the City of
Kalispell and shall be entitled to the same privileges
and benefits as are other parts of the City.
SECTION 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 4TH DAY OF FEBRUARY, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the northwest corner of the Northeast Quarter of the
Northwest Quarter of Section 19, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana, which is on the southerly R/W of
a 60 foot county road known as Sunnyside Drive; thence along said
R/W N88°11'18"E 595.46 feet; thence leaving said R/W S03035100"E
118.43 feet; thence S88011118"W 263.40 feet; thence S0000912011E
198.70 feet; thence S771144126"W 4.09 feet, thence S0000912011E
983.16 feet to the south boundary of said NE1/4 NW1/4; thence along
said south boundary S8802512011W 335.10 feet to the southwest corner
thereof; thence N0000912011W and along the west boundary of said
NE1/4 NW1/4 1299.66 feet to the point of beginning and containing
10.736 acres, all as shown as Tract 1 of Certificate of Survey No.
12924, records of Flathead County, Montana.
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
January 25, 2002
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of RA-1 - South of Sunnyside Drive
The Kalispell City Planning Board met on January 15, 2002, and held a public heaving
to consider a request by Gaylon Owens / Owl Corporation for annexation and initial
zoning on property located south of Sunnyside Drive and west of Ashley Creek for
approximately 11 acres. The applicants are proposing City R-4, a Residential zoning
district, which has a minimum lot size of 6,000 square feet and allows duplexes and
single-family homes as permitted uses. Currently there are no development plans for
the property.
Narda Wilson, of the Tri-City Planning Office, presented staff report KA-01-8,
evaluating the appropriate zoning designation upon annexation. Staff recommended
that the initial zoning of City R-4, Two Family Residential, be assigned to the property
upon annexation to the city.
At the public hearing a couple from the area to the west noted that when the Kalispell
Bypass is constructed, there will be more traffic in the area. After the public hearing,
a motion was made and passed unanimously to forward a recommendation that initial
zoning for this property should be R-4, Two Family Residential, upon annexation.
Please schedule this matter for the February 4, 2002 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.
Sincerely
Kalis City Planning Board
Ron Van Natta
President
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Owl Corporation Annexation and R-4 Zoning
January 25, 2002
Page 2
RVN/NW
Attachments: Exhibit A (legal description)
Staff report KA-01-8 and application materials
Draft minutes 1 / 15 / 02 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Gaylon Owens, / Owl Corp., P.O. Box 5290, Kalispell, MT 59903-5290
Sands Surveying, 2 Village Loop, Kalispell, MT 59901
H: \FRDO \TRANSMIT\ KALISPEL� 2001 \ KA01-'7. DOC
Dp,AFT
Public Comment - Opponents
John Garfield, 2026 Mission Way South, said he was directly across from where the
main entrance to the development will be and he had concerns about the new plan
because it calls for a short concrete wall and fence. It still looks like it will be nine feet
tall, with three feet of berm, three feet of wall, and three feet of iron work and he still
considers it to look like a compound area. Garfield said one other concern was the
new bike path that ran in front of the project on Whitefish Stage Road and what the
impact would be on the path if a nine -foot wall and berm was built. Garfield asked
who would address the problem of snow building up on the berm and falling onto the
trail and the road. Garfield said these issues needed to be addressed tonight.
Atkinson moved that the Kalispell City Planning Board and Zoning Commission
adopt staff report KCU-01-7 as findings of fact and forward a recommendation to
the Kalispell City Council to grant the conditional use permit for Whitefish Stage
Condominiums subject to the 21 conditions as listed. Rice seconded the
motion.
Jay Billmayer explained that the fencing would comply with the zoning requirements
and was just under six feet tall. The fence would not be located next to the property
boundary but rather setback substantially from the property boundary and that it
should not pose a problem for access to the trail.
The board discussed the redesign of the project and the zoning requirements for
fencing, fence height and the location of the fence near the corners of the property.
The motion to approve the project subject to conditions passed unanimously
upon a roll call vote.
Gaylon, Owens Annexation and Initial R-4 Zoning
Narda Wilson of the Tri-City Planning Office presented staff report KA-01-8 saying
staff was recommending an initial zoning classification of R-4, a Two Family
Residential district with a minimum lot size of 6,000 square feet, upon annexation to
the city limits. Currently the developer does not have specific plans for subdividing the
property but intends to do so in the near future.
Public Comment - Proponent
No one spoke in favor of the proposal.
Public Comment - Opponents
Lila Crookenburg, 1204 Sunnyside Drive, said she was neither for nor against the
request, but did express concern regarding the additional traffic that would be
generated from the development. Crookenburg said they sold had some of their
property to the State for the future by-pass which would result in a lot more traffic on
Sunnyside Drive because it would be a feeder road into Kalispell. Crookenburg said
most of the surrounding area was five and ten -acre tracts and this zoning
classification wouldn't enhance their property or life style any.
Kalispell City Planning Board Minutes
January 15, 2002
Page 4
DRAFT
Norman Crookenberg, 1116 Sunnyside Drive, said the road is narrow now, and when
the by-pass does get constructed the traffic on Sunnyside would be more than the
road can handle. Consideration needs to be given to improvements to Sunnyside
Drive.
Brechel moved that the Kalispell City Planning Board and Zoning Commission
adopt Staff Report KA-01-8 as findings of fact and recommend to the Kalispell
City Council that the initial zoning for this property upon annexation be R-4, Two
Family Residential. Anderson seconded the motion.
The motion passed unanimously upon vote.
Flathead Government Em to ees Credit Union Conditional Use Permit
Narda Wilson of the Tri-City Planning Office presented staff report KCU-01-9 saying
this was request for a conditional use permit by Flathead Government Employees
Credit Union to allow the expansion of a non -conforming use, the existing bank, by
constructing an addition to the north and adding drive -through lanes. The property is
located at 660 Sunset Boulevard on property zoned B-1, Neighborhood Buffer District.
Two existing buildings on property adjoining the credit union would be removed to
made way for the improvements. Wilson said a letter had been received from Dick
Amerman, Assistant City Engineer, recommending that the Highway 93 access be
limited to ingress only, and she recommended that the board amend Condition 3 and
replace it with that language.
Wilson said staff was recommending approval of the conditional use permit subject to
the conditions as amended, specifically Condition 3.
Public Comment - Proponents
Dave Meredith, representing the applicant, said they were in agreement with the staff
report and the amendment to Condition 3. He noted they had been working with the
Montana Department of Transportation on the relocation of the access as was
proposed on the site plan.
Dave Stenberg, manager of the Flathead Credit Union, spoke in favor saying they had
experienced considerable growth in the recent past, and the facility was now too small.
He did not anticipate the expansion to have significant impacts on the neighborhood
as traffic would be limited and their staff is small.
Public Comment - Opponents
There was no one to speak in opposition to the proposal.
Anderson moved to adopt staff report KCU-01-9 as findings of fact and
recommend to the Kalispell City Council that the conditional use permit be
granted subject to the four conditions, amending Condition 3 to read "That the
access proposed for relocation along Highway 93 be limited to Ingress only."
Atkinson seconded the motion.
Kalispell City Planning Board Minutes
January 15, 2002
Page 3
GAYLON OWENS J OWL CORPORATION
REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-01-8
JANUARY 8, 2002
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
the initial zoning of R-4 upon annexation to the city on property in southwest Kalispell.
A public hearing has been scheduled before the planning board for January 15, 2002
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 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-1, 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. No
development proposal for this property has been presented at this time.
A. Petitioner and Owners: Gaylon Owens / Owl Corporation
P.O. Box 5290
Kalispell, MT 59901
(406) 752-4438
Technical Assistance: Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6481
B. Location and Legal Description of Property: The property proposed for
annexation lies west of Lone Pine View Estates, south of Sunnyside Drive and
east of the Burlington Northern Railroad right-of-way. The property proposed for
annexation can be described as Assessor's Tract 8 located in Section 19,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Existing zoning: The property is currently in the County zoning jurisdiction and
is zoned R-1, Suburban Residential. The suburban residential district is intended
to serve as an area where limited density would be encouraged such as in the 100-
year floodplain or on steep slopes or in areas where estate type development is
anticipated.
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, ten feet in the
rear and five feet on the sides.
E. Size: The area proposed for annexation and zoning contains approximately 10.71
acres.
F. Existing Land Use: Currently this property is being used for agricultural purposes
such as the raising of hay and grading. There is a single-family residence located
on the property near the northeast corner. There is also a barn located near the
northeast boundary of the property.
G. Adjacent Land Uses and Zoning: The immediate area is characterized by single-
family homes on urban sized lots in the area to the east and single-family homes
on the larger lots to the lots to the west and north.
North: Large lot subdivision with single-family homes, County R-1 zoning
East: Single-family homes; City R-4 and County R-1 zoning
South: Undeveloped Stratford Subdivision, City R-4 zoning.
West: Low density residential, grazing lands, railroad tracks, proposed
Kalispell Bypass; County R-1 zoning
H. General Land Use Character. The area can be described as a transitional area
between the urban areas of Kalispell to the east and the more rural undeveloped
area of the county to the west. The immediate area is characterized by single-
family homes on urban sized lots in the area to the east and single-family homes
on the larger lots to the lots to the west and north. An urban density residential
subdivision, the Stratford Subdivision, is currently under development on
approximately 30 acres to the south of this property_
I. Availability of Public Services and Extension of Services: Public services,
including City water and sewer, can be provided to this site and will be done in
accordance with the City of Kalispell's Extension of Services Plan and in
accordance with Kalispell's Design and Construction Standards.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
Does the requested zone comply with the Master Plan?
The property is designated by the Kalispell City -County Master Plan as
"Suburban Residential" which is defined as allowing two dwellings per acres. The
master plan also encourages the redesignation of the suburban residential area
to a higher density once public services are available. The Urban Residential
land use designation anticipates two to eight dwelling units per acre. Because of
the plans for the provision of public water and sewer to the site, the proposed R-4
zoning designation is in general compliance with the master plan designation
provided some of the lots are used for single family homes. The R-4 zoning has a
minimum lot size requirement of 6,000 square feet with each lot allowing a
duplex or a base density of one dwelling per 3,000 square feet. A full build -out at
the maximum density would exceed the urban residential limits of eight units per
011
acre and be closer to about 14 units per acre. With one dwelling per 6,000
square feet the density would be 7.26 dwellings per acre. It is unlikely the
maximum density would be realized considering the present real estate market.
This trend is reflected in the R-4 zoned subdivision to the east, South Meadows
where most of the lots are single family with some duplex and townhouse units.
The proposed zoning is in substantial compliance with the master plan which
anticipates a mix of single family and duplex dwellings in urban residential areas.
2. is the requested zone designed to lessen congestion in the streets?
Once the property is developed, all of the improvements and infrastructure will
be constructed to city standards. Traffic in the area will increase. The requested
zoning designation and subsequent development of the site will not lessen
congestion in the streets in the area, but is anticipated to occur as development
of the area continues.
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 at some point in the future.
4. Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and providing a place for new housing in the community.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
6. Will the requested zone prevent the overcrowding of land?
As previously noted this area has been anticipated for residential development
and now that public water and sewer are in close proximity and urban land use
designation is appropriate. The anticipated density generally falls within the
proposed R-4 zoning designation. All public services and facilities will be
available to serve this subdivision_ An overcrowding of land would occur if
infrastructure were inadequate to accommodate the development in the area.
This is unlikely to occur.
3
7. Will the requested zone avoid undue concentration of people?
Minimum lot standards and use standards as well as subdivision development
standards will avoid the undue concentration of people at the time the property is
developed.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
9. Does the requested zone zive consideration to the particular suitability of the
property for particular uses?
The proposed R-4 zoning district is consistent with the surrounding zoning and
land uses in the area and gives due consideration of the suitability of this
property for the permitted uses in the district.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area to the east is urban sized lots for residential
development. The same type of development can be anticipated to occur on this
property and will be consistent with the character of the district.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-4 zoning will
promote compatible and like uses on this property as are found on other
properties in the area.
12, Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Urban scale residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this parcel. The
proposed zoning is consistent with the master plan and surrounding zoning in
the area.
SUMMARY AND DISCUSSION
The proposed City R-4 zoning is similar to the existing to the east and to the south of
the site and is a continuation of the same pattern of development. There may be some
concerns about too many duplexes being developed in the subdivision. However, past
experience has demonstrated that the duplex development in these subdivisions is
generally 25 percent or less of the total number of lots. Access is available to serve the
property and any future development will be consistent and compatible with existing
4
development in the area. Public services and the facilities serving this subdivision will
be extended and constructed in accordance with the City of Kalispell Extension of
Services Plan and the Kalispell Design and Construction Standards.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-01-8 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for this property upon annexation be R-4, Two Family Residential.
REPORTS\KA\o 1 \KAO 1-8. DOC
NW
5
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
RECEIVED
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL DEC 11 2001
TRI-CITY PLANNING OFFICE
NAME OF APPLICANT: Ga lon Owens/ Owl Co oration
MAIL ADDRESS: P.O. Box 5290
CITYISTATEIZIP: Kali ellMT. 59903-5290 PHONE: 406-752-4438
INTEREST IN PROPERTY: Owner
Other Parties of Interest to be Notified:
PARTIES OF MEREST: Sands Surveying Inc.
MAIL ADDRESS: 2 V' a ogp
CITY/STATE/ZIP: Kalispell. MT. 59901 PHONE: 406-755-6481
INTEREST IN PROPERTY: Surveyor
PLEASE COMPLETE THE FOLLOWING:
Address of the property:
Legal Description: See Attached T-1 of COS 12924
(Lot and Block of Subdivision; Tract #}
Sec 19- T28N- R21W See exibit A
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning ofthe above property is: R 1
The proposed zoning of the above property is: C' F—
State the changed or changing conditions that make the proposed amendment necessary:
Annexation to city requires zone change
^ 331JJO 9NINNV7d J-Ih,
DEC 17 2001
TRYMMMi WMbon 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
properly for routine inspection during the annexation process.
pi., 1., 21 A2 --" // / 0l
Applicant) ate
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede filing of this
application. Among topics to be discussed are: compliance with the master plan, compatibility of
proposed zoning with surrounding zoning classifications and the application procedure.
2. Completed application form.
Completed Petition to Annex form including an Exhibit A, legal description of the property.
4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office.
5. Fee Schedule None
6. A bona fide legal description of the property from a recent survey, title report or deed which accurately
describes the property to be annexed.
H:IIaRDO1FORMSIAPPFORMSIKANNX.DOC
EXHIBIT A
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
BEGINNNING at the northwest comer of the Northeast Quarter of the Northwest Quarter
of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana,
which is on the southerly R/W of a 60 foot county road known as Sunnyside Drive;
Thence along said R/W N88° 11' 18"E 595.46 feet; Thence leaving said R/W
S03035'00"E 118.43 feet; Thence S88°11'18"W 263.40 feet; Thence S00°09'20"E
198.70 feet; Thence S77044'26"W 4.09 feet; Thence S00°09'20"E 983.16 feet to the
south boundary of said NE1/4NW1/4; Thence along said south boundary S88°25'20"W
335.10 feet to the southwest corner thereof, Thence N00°09'20"W and along the west
boundary of said NEI/4NW1/4 1299.66 feet to the point of beginning and containing
10.736 acres, all as shown as Tract I of Certificate of Survey no. 12924, records of
Flathead County, Montana.
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Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
MEMORANDUM
TO: Kalispell City Staff and Other Interested Parties
FROM: Narda A. Wilson., Senior Planner
DATE: December 18, 2001
RE: January 15, 2002 Kalispell City Planning Board Meeting
Attached with this memo is a copy of the legal ad, vicinity map, site plan or plat and
application for items that will go before the planning board on the above referenced
date for your information, review and comment.
• Preliminary Plat Gateway West Addn #34 Eight Lot Commercial Subdivision
• Revised Whitefish Stage Condos 214 Units Conditional Use Permit
• Flathead Credit Union Expansion Conditional Use Permit
• Four -Plea at East California St. and Eight Ave. E.N.
• Initial R-4 Zoning Upon Annexation South of Sunnyside Drive
• Westbrook Square Casino Conditional Use Permit
These items will go before the Site Development Review Committee in the Conference
Room of the Kalispell Building Dept. on:
• December 27, 2001
• January 3, 2002
Comments By:
• January 7, 2002 so that they can be incorporated into the staff report
These matters will go before the Kalispell City Planning Board on January 15, 2002 for
public hearing. Please bring your comments to the above referenced site review
committee meeting(s) or submit your comments in writing or by phone, prior to
January 7, 2002 so that they can be incorporated into the staff report to the planning
board. You can reach me at 751-1852.
If you need additional information regarding any of these items, please call ale. Thank
you for taking the time to review and comment on these items.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Referrals KPB 01 / 15 / 02
December 18, 2001
Page 2
c: w/attachm.ents: Dick Seddon / Randy Brodehl, Fire Dept.
Mike Baker, Parks and Rec
Chris Kukulski, City Manager
PJ_ Sorenson, Zoning Administrator
Jinn Brown, Police Dept.
Dick Amerman, City Engineer
Jim Hansz, Director Public Works
Susan Moyer, Community Development Director
Craig Kerzman, Chief Building Inspector
Charles Harball, Interim City Attorney
Steve Herzog, MDOT
Roberta Struck, Evergreen Water District
H: \... \AGREF`KALISPELL\KPBO 115REF.DOC
SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY
Thursday, December 27, 2001
Building Department Conference Room
ATTENDING:
Dick Amerman, Asst. City Engineer Mike Baker, Parks & Rec. Director
Tim Brown, Assistant Police Chief Craig Kerzman, Building Official
Chris Kukulski, City Manager Dick Seddon, Fire Marshall
P. J. Sorensen, Zoning Administrator, Chair Kathy Kuhlin, Recording Secretary
OLD BUSINESS:
NEW BUSINESS:
Planning Board Items:
Preliminary Plat, Gateway West - Dick A. asked if anyonJ had spoken with Tim
Thompson yet about giving the City 20 feet. Narda indicated last week that it looks .
promising. Dick feels the success of the projedt is contingent upon the 20 feet in
question.
Revised Whitefish Stage Condos CUP - Nothing new.
Flathead _Credit Union expansion - Dick A. said two-way traffic in alley won't
work. Not enough. room. Cars on Hwy. 93 can't be waiting to get in. Also, the
plans will need to be further refined and developed. Dick will write a memo to Narda
regarding these points.
Four -Plea at East California and 8" Avenue E. N. - No major concerns at this
point; will need to adjust parking. .
Initial zoning upon annexation of area south of Sunnyside - Will develop in the
future but doesn't have a plat yet. A developers extension agreement exists in the
area and expires in 2006.
Westbrook Square Casino CUP - P.J. is concerned about the parking issue. Need
a current plan for their parking. May be short on spaces.
OTHER DISCUSSION:
Chris said the County Commissioners' approved Phase II of the Stillwater Estates
final plat, scratching the language requiring sewer. Contiguous to the City - we need
Page 14 -Kalispell Zoning Ordinance
CHAPTER 27.07
t ll9*11a31U000
Sections:
27.07.010 Intent
27.07.020 Permitted Uses
27.07.030 Uses Which May Be Permitted By Conditional Use Permit
27.07.040 Property Development Standards
27.07.010: Intent. A residential district with minimum lot areas. Development within the
district will require all public utilities, and all community facilities. Two-
family dwellings are permitted in this district_
27.07.020: Permitted Uses.
(1). Boarding house, incidental (see definition).
(2). Day care (family or group day-care homes).
(3). Dwelling, duplex.
(4). Dwelling, single family.
(5). Parks.
27.07.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and breakfast.
(2). Church/worship/parish/Sunday school buildings.
(3). Community center/gym/swim pools -operated by public/quasi-public.
(4). Community residential facility for eight (8) or fewer persons.
(5). Day care center.
(6). Dwelling, Accessory Single -Family.
(7). Dwellings, cluster development.
(8). Electrical distribution station.
(9). Foster or group homes serving eight (8) or fewer persons.
(10). Golf courses.
(11). Law enforcement/fire stations.
(12). Railroad rights -of -way.
(13). Recreational area, non-commercial.
(14). Schools, public/private, grades 1-12.
(15). Temporary building/structure.
(16). Water storage facilities.
IR-
4 Residential -Page 15
I27.07.040: Property Development Standards.
(1}.
Minimum Lot Area: 6000 square feet
(2).
Minimum Lot Width (FT): 50
(3).
Minimum Yards (FT):
I
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4).
Maximum Building Height (FT): 35
(5).
Permitted Lot Coverage {%}: 40
i(6).
Off -Street Parking: Refer to Section 27.26.
(7).
Maximum Fence Heights (FT):
As -per 27.22.090.
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ORDINANCE NO. 1411
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL, PROPERTY DESCRIBED AS ASSESSOR'S TRACT 8 LOCATED IN
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL)
TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Gaylon Owens/Owl Corporation, the owner of property
described above, petitioned the City of Kalispell that
the zoning classification attached to the above described
tract of land be changed to R-4, Two Family Residential,
and
WHEREAS, the property as described exists as property surrounded
to the North by single family homes, County R-1
classification, to the East by single family homes, City
R-4 and County R-1 classification, to the South by
undeveloped Stratford Subdivision, City R-4
classification, and to the West by low density
residential, and agricultural, County R-1 classification,
and
WHEREAS, the petition of Gaylon Owens was the subject of a report
compiled by the Tri-City Planning Office, #KA-01-8, dated
January 8, 2002, 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 adopts, based upon
the criterion set forth in Section 76-3-608, M.C.A., and
State Etc. v. Board of County Commissioners, Etc 590
P2d 602, the findings of fact of TCPO as set forth in
Report No. KA-01-8.
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. 1175)
is hereby amended by designating the property described
as Assessor's Tract 8 located in Section 19 as R-4, Two
Family Residential.
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 FEBRUARY, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk