Staff Report/Annexation & ZoningREPORT TO:
FROM:
SUBJECT
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricityplanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Annexation and Initial R-2 Zoning - Wind River Development Corp
East side of Willow Glen Drive (Leisure Heights Subdivision)
MEETING DATE: March 17, 2003
BACKGROUND: This is a request for an initial zoning designation of R-2, Residential,
upon annexation to the city for property that lies on the east side of Willow Glen Drive
north of the Willows Subdivision. The property contains approximately 32 acres and
is intended for development as Leisure Heights Subdivision, a 67-lot single-family
residential subdivision to be developed in three phases. City water and sewer would
be extended to the site and the subdivision would be developed to City standards.
The R-2 zoning district is a single-family residential district that has a minimum lot
size requirement of 9,600 square feet and anticipates full urban services. The
property has been used for agricultural purposes in the past and is currently
otherwise undeveloped. The property is presently zoned County R-2, Residential,
under the Flathead County Zoning Regulations.
The Kalispell City Planning Board held a public hearing regarding this matter at their
regular meeting of February 11, 2003. A motion was made and passed unanimously
to forward a recommendation that initial zoning for this property should be R-2,
Residential, upon annexation based upon the existing County zoning and adjacent
City R-2 zoning to the south in the Willows Subdivision.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-2
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 9 City of Whitefish • City of Columbia Falls •
Wind River Development Annexation and Initial Zoning
February 25, 2003
Page 2
Respectfully submitted,
1 0�4 FbP1
Narda A. Wilson
Senior Planner
Report compiled: February 25, 2003
c: Theresa White, Kalispell City Clerk
� 0-- �() �- � - 2-ZJ-, a,
Chris A. Kukulski
City Manager
Attachments: Transmittal letter
Staff report KA-03-2 and application materials
Draft minutes from 2 / 11 / 03 planning board meeting
TRANSMIT\KALISPEL\2003 \KA03-2MEMO
RESOLUTION NO. 4776
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 21, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS LEISURE HEIGHTS ADDITION
NO. 322; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL
INTERIM ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Wind River Development Corp.,
the owner of property located on the east side of Willow Glen Drive, north of The
Willows subdivision, requesting that the City of Kalispell annex the territory into the
City, and
WHEREAS, the Tri-City Planning Office has made a report on Wind River Development Corp.'s
Annexation Request, #KA-03-2, dated February 3, 2003, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-2, Single 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 Leisure Heights Addition No. 322.
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 Interim 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 17TH DAY OF MARCH, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
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ORDINANCE NO. 1448
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO. 1439), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS LEISURE HEIGHTS ADDITION NO.322
AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 21, TOWNSHIP
28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-2, SINGLE FAMILY RESIDENTIAL) TO CITY R-2
(SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Wind River Development Corp., 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-2, Single Family Residential upon annexation, and
WHEREAS, the property is located on the east side of Willow Glen Drive and south and west of
Leisure Drive, with The Willows Subdivision located to the south, and
WHEREAS, the petition of Wind River Development Corp. was the subject of a report compiled
by the Tri-City Planning Office, #KA-03-2, dated February 3, 2003, in which the Tri-
City Planning Office 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, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned R-2, Single Family Residential,
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 Countv
Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report
No. KA-03-2.
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 Interim
Zoning Ordinance, (Ordinance No. 1439) is hereby amended by designating the
property described on Exhibit "A" as R-2, Single Family Residential upon
annexation.
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Interim 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 7TH DAY OF APRIL, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricityna,centurytel.net
www.tricitypianning-mt.com
February 21, 2003
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of R-2, Residential - Leisure Heights Subdivision
East Side of Willow Glen Drive
Dear Chris:
The Kalispell City Planning Board met on February 11, 2003, and held a public
hearing to consider a request by Wind River Development for an initial zoning
designation of R-2, Residential, upon annexation to the city. The property contains
approximately 32 acres and is located on the east side of Willow Glen Drive, north of
the Willows Subdivision. The applicants are proposing City R-2, a Residential zoning
district. 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 67-
lot residential subdivision to be developed in three phases over a period of years.
Narda Wilson of the Tri-City Planning Office presented staff report #KA-03-2,
evaluating the proposed zoning. Staff recommended initial zoning of City R-2,
Residential based on the existing County zoning and adjacent City R-2 zoning to the
south in the Willows Subdivision.
At the public hearing there was no real opposition from the people in the immediate
neighborhood. The property owner explained the property has been in their family for
nearly 40 years and used for agricultural purposes, but the time seemed right to do
something with the property besides farm it.
After the public hearing the board discussed the proposal. A motion was passed
unanimously to forward a recommendation that initial zoning for this property should
be R-2, Residential, upon annexation. The legal description of the property to be
annexed is attached as Exhibit A.
Please schedule this matter for the March 17, 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 •
Leisure Heights Subdivision - Annexation and Initial Zoning
February 21, 2003
Page 2
Sincerely
Kalispell City Planning Board
4 �' )I '—e&—
V
Ron Van Natta
President
RVN/NW
Attachments: Petition to annex (original)
Exhibit A - legal description
Staff report KA-03-2 and application materials
Draft minutes 2 / 11 / 03 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Wind River Development Corp, 300 Leisure Dr., Kalispell, MT 59901
Schwarz Engineering, 100 Financial Dr., Suite 210, Kalispell, MT 59901
TRANSMIT\KALISPEL\2003 \KA03-2
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF MEETING
FEBRUARY 11, 2003
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Ron Van Natta, George Taylor, Jim
Atkinson, Rick Hull, Timothy Norton, and Sue Ellyn Anderson.
Jean Johnson was absent. Narda Wilson represented the Tri-
City Planning Office. There were approximately 12 people in the
audience.
SEATING OF NEW
Timothy Norton and Rick Hull were welcomed to the board
MEMBERS
ELECTION OF OFFICERS
Taylor moved and Atkinson seconded the motion to elect Ron
Van Natta as President of the Kalispell City Planning Board and
Zoning Commission.
The motion passed unanimously on a vote by acclamation.
Atkinson moved and Anderson seconded the motion to elect
George Taylor as Vice President of the Kalispell City Planning
Board and Zoning Commission.
The motion passed unanimously on a vote by acclamation.
APPROVAL OF MINUTES
Taylor moved and Atkinson seconded the motion to approve the
minutes of the Kalispell City Planning Board and Zoning
Commission special meeting of December 30, 2002 as
submitted.
On a vote by acclamation the motion passed unanimously.
WIND RIVER
A request by Wind River Development Corp for an initial zoning
DEVELOPMENT CORP
designation of R-2, Single Family Residential, upon annexation
INITIAL ZONING
on approximately 32 acres located on the east side of Willow
Glen Drive, south and west of Leisure Drive.
WIND RIVER
A request by Wind River Development Corp for preliminary plat
DEVELOPMENT CORP,
approval of Leisure Heights, a 67-lot residential subdivision on
LEISURE HEIGHTS
approximately 32 acres in conjunction with the annexation of
PRELIMINARY PLAT
the property and designation of initial zoning of R-2.
STAFF REPORT #KA-03-2
Narda Wilson, with the Tri-City Planning Office, gave a
& KPP-03-1
presentation of staff report KA-03-2, a request for annexation
and initial zoning on approximately 32.354 acres on the east
side of Willow Glen Drive south of Leisure Drive concurrent with
staff report KPP-03-1, a request for preliminary plat approval of
a 67-lot residential subdivision. The zoning district is intended
primarily for single-family homes. The subdivision would be
Kalispell City Planning Board & Zoning Commission
Minutes of the Meeting of February 11, 2003
- 1 -
developed in three phases over a period of time up to five years.
Staff reviewed the proposed phases of development and the
findings of fact in the staff reports. Upon conclusion staff
recommended an initial zoning designation of City R-2, upon
annexation of the property. Staff also recommended the request
for preliminary plat be granted subject to 15 conditions, with an
additional condition requiring a ten -foot right of way be reserved
on the east site of Willow Glen Drive for future right-of-way
acquisition.
Wilson noted a conversation with County Road Department
Superintendent and the Parks and Recreation Director regarding
the need for a pedestrian access along the east side of Willow
Glen Drive. After further discussion it became apparent that
there is a real possibility of developing bike and pedestrian trail
along Willow Glen Drive that would involve a collective effort and
cooperation from the County. This plan would include potential
funds from the subdivision to the south, the Willows, who still
have outstanding work that needs to be done for the creation
buffer area between the road and Willow Glen Drive. The money
for the buffer area for the Willows, along with money for the
buffer from this subdivision and cash in lieu of parkland money
for the area could be placed in a fund that could be eligible for a
federal match. Money and right-of-way from the County may be
forthcoming. This would allow the project to be funded ideally
from Four Corners to Woodland Park Avenue. Staff suggested
language for amending condition #5 to reflect this
recommendation.
Taylor asked and Wilson said the first choice would be to try
and get everyone together to leverage enough money to do the
project. If that didn't happen the second alternative would be
the landscape buffer.
Wilson clarified that staff was recommending two amendments,
an additional condition for a 10-foot right of way reservation
along Willow Glen Drive and a cash -in -lieu payment on the
buffer between Willow Glen Drive and the subdivision to be used
as part of a match for future construction of a pedestrian and
bike trail.
Van Natta wanted it to be clear this would be at the City's
discretion and in accordance with the plan.
APPLICANT/AGENCIES Bob Stauffer, with Schwartz Engineering, stated they generally
agreed with the staff report and appreciated the support they
had been given for this subdivision. There were only two minor
concerns relating to the recommended conditions. Regarding
condition #5 he said the owners thought sidewalk and
pedestrian access was a good idea and they didn't have any
problem with the recommended changes. Regarding condition
13 he asked the wording be changed to read, "infrastructure for
each phase of the project be completed prior to final plat of that
Kalispell City Planning Board & Zoning Commission
Minutes of the Meeting of February 11, 2003
-2-
phase" so that it would be clear regarding the phasing and
improvements.
PUBLIC HEARING
The public hearing was opened to those who wished to speak on
the issue.
PUBLIC COMMENT
Joy Mahlum, 300 Leisure Dr., spoke in favor of the proposal
stating it has been owned by her family for at least for years.
She noted their family sold the property to the south where
Leisure Subdivision now lies. She currently lives in the middle
of the development and felt that with growing suburban
locations she was aware of an increasing demand for building
sites. She said the planning office viewed this change as a
natural extension and thought the subdivision fit the area. She
said they would work to maintain the standards of the area.
Her family found this to be the right time for this and decided it
was important to control it with planning. There would be
gradual development that would occur in phases, plus
covenants and architectural review. Their plan was to keep the
character of the existing Leisure Drive area and meet the
standards of the community. They were excited about the
project and felt it was a good opportunity for the neighbors.
Glenn Graham, 739 Greenridge Dr., said he had no qualms with
the subdivision, but wanted a couple of things clarified. On
Page 4 it noted a 60-foot right of way along Willow Glen Drive
which was not true. He said the north end of the road had only
a 40-foot easement. He was happy to see the status of Willow
Glen as being a minor arterial and his only warning was if
someone extended the La Salle connector additional
consideration needs to be given to the impacts of Willow Glen
Drive. He said he did not think the LaSalle Connector was a
good idea in light of this subdivision.
No one else wished to speak and the public hearing was closed.
MOTION
Taylor moved and Atkinson seconded the motion to adopt staff
report KA-03-2 as findings of fact and forward a
recommendation to the Kalispell City Council to adopt R-2,
Residential, upon annexation.
BOARD DISCUSSION
Atkinson had concerns about not having a growth policy and
Wilson said they were going from single family to single family,
and this area was recognized as suburban residential in both
the Master Plan and the Growth Policy and was not considered a
"substantive change" as addressed in the Attorney General's
Opinion.
Atkinson asked if the entire 32 acres would be annexed, brought
into the city and zoned at the time of initial application and
Wilson said, yes it would be.
Kalispell City Planning Board & Zoning Commission
Minutes of the Meeting of February 11, 2003
-3-
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION
Atkinson moved and Anderson seconded the motion to adopt
staff report KPP-03-1 as findings of fact and recommend to the
Kalispell City Council that the preliminary plat be approved
subject to 15 conditions.
MOTION (AMENDMENT)
Taylor moved and Atkinson seconded the motion to amend
condition #5 to read, a cash -in -lieu payment equivalent to the
cost of the landscaping be placed in a fund to provide a match
for a pedestrian trail and landscaping along Willow Glen Drive;
or at the City's discretion, that a minimum 20-foot wide
landscape buffer be developed.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD DISCUSSION
Norton asked and Wilson explained the time frame for the City.
She said there would be contingencies, but it could be within 2
to 3 years.
Atkinson commented that it would fall in line with the phases.
MOTION (AMENDMENT)
Atkinson moved and Taylor seconded the motion to add
condition # 16 to read, a 10-foot right of way reservation shall be
designated on the plat and included in the 20-foot buffer.
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION (AMENDMENT)
Taylor moved and Atkinson seconded the motion to amend
condition # 13 to read, infrastructure for each phase of the
subdivision shall be completed prior to final plat of each phase.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD DISCUSSION
Atkinson asked and Wilson answered that Leisure Drive would
be upgraded to city standards within the boundaries of the
subdivision.
Atkinson questioned lots 3D and 3F and Wilson answered that,
yes, they were out of the subdivision and one property owner
was in the audience. She said they were interested in
connecting to City services once they became available and
would be required to annex at the time of connection.
Norton asked the developer if they had a deadline on each phase
for completion and Stauffer said there was a time period for final
plat approval of 3 years. He said they would like to proceed
faster, depending on how the lots sell.
Van Natta complimented them on a well laid out subdivision.
He noted a concern about the bank on the road not allowing for
site distance and said he hoped it would be graded. He asked
Kalispell City Planning Board & Zoning Commission
Minutes of the Meeting of February 11, 2003
-4-
that be suggested to the engineering department.
Atkinson asked if the cul-de-sac had gone through site review
and the Fire Department and Wilson said that was a design
issue. When the roadways were designed it would be reviewed
by the Kalispell Public Works Department for compliance with
the Kalispell Design and Construction Standards and would
need to comply.
ROLL CALL (MAIN)
The amended motion passed unanimously on a roll call vote.
NIPO, LLC INITIAL
A request by NIPO, LLC for an initial zoning designation of B-2,
ZONING
General Business, upon annexation into the city of Kalispell on
approximately 9.33 acres that lies between Hwy 93 south and
Willow Glen Drive north of Lower Valley Road.
STAFF REPORT #KA-03-1
Wilson said it was her understanding that was still the plan and
that commitments had been made on the part of the City and
the design was included as part of the MDOT project.
APPLICANT/AGENCIES
Jim Burton, surveyor for the project, said they were anticipating
that utilities would be extended to that area and they were
trying to stay ahead of the curve. There were no plans at this
time for a project.
PUBLIC HEARING
The public hearing was opened to those who wished to speak on
the issue.
PUBLIC COMMENT
No one wished to speak and the public hearing was closed.
MOTION
Taylor moved and Anderson seconded the motion to adopt staff
report KA-03-1 as findings of fact and forward a
recommendation to the Kalispell City Council that the initial
zoning for this property should be B-2, General Business, upon
annexation.
BOARD DISCUSSION
Wilson pointed out that it wasn't really under the board's
purview whether the property should be annexed. She said
their issue dealt with what the zoning should be upon
annexation to the City.
Norton asked if they could recommend approval of the zoning
upon receiving city services.
Atkinson asked what advantage or disadvantage there was to
zoning it now and Wilson said when it does get annexed it would
developed to City standards and would be reviewed for
compliance. The provision of City utilities would allow the
development of the site at a higher and more intensive use than
without utilities. If the property were to be developed prior to
receiving services with less quality and desirable uses, it would
be difficult to try to redevelop the property at a later date.
Kalispell City Planning Board & Zoning Commission
Minutes of the Meeting of February 11, 2003
-5-
Leisure Heights Subdivision
Extension of Services Plan and Cost of Services Analysis
Availability of Public Services and Utilities
The broad -based extension of services plan, together with this "mini -plan," comprise the
Extension of Services Plan for this annexation. Once annexed to the City, full City
services will be made available to the property owner. The subject property is within the
Service Area Boundary of the City of Kalispell as described by the Extension of Services
Plan City of Kalispell adopted on November 5, 1995 (Resolution #4241).
Overview of Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
Evergreen School District
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
Existing Services:
Water: An eight -inch water main belonging to the City of Kalispell is in place at the north
end of Honeysuckle Drive. This terminal end of the water main was installed during the
construction of improvements for the Willows Subdivision. Adequate capacity to serve the
subject site is available once the extension is made within the development.
Sewer: An eight -inch sewer main belonging to the City of Kalispell is in place at the north
end of Honeysuckle Drive. This terminal end of the sewer main was installed during the
construction of improvements for the Willows Subdivision. The wastewater treatment plant
has sufficient capacity to service this property.
Storm Drainage: A storm drain system will be constructed within the development to
mitigate any potential storm runoff associated with development of the site.
Streets: Leisure Drive within the limit of the development will be reconstructed to City of
Kalispell standards. The internal roadway system for the development will be constructed
to City of Kalispell standards.
Garbage Collection: Not City of Kalispell.
Police Protection: Flathead County Sheriffs Department.
Fire Protection: City of Kalispell.
Anticipated Service Needs and Costs:
Water: An eight -inch water main, which will belong to the City of Kalispell, is to be
constructed from the north end of an existing eight -inch main at the north end of
Honeysuckle Drive throughout the development including installation along Leisure Drive
within the limits of the development. The total water main to be constructed is
approximately 4,360 feet. All water mains will be constructed within the street right-of-
ways. Fire hydrants will be placed at the distances recommended by the city fire
department. Adequate capacity to serve the site is available.
• The water operation and maintenance costs associated with this development will be
approximately $14,980 per year at full build out. Although the water infrastructure will
be considered new, the upstream maintenance costs increase as flow increases. These
costs will be offset through revenue generated by the monthly water use fees paid by the
water service customers.
Sewer: An eight -inch sewer main, which will belong to the City of Kalispell, is to be
constructed from the north end of an existing eight -inch main at the north end of
Honeysuckle Drive throughout the development including installation along Leisure Drive
within the limits of the development. The total sewer main to be constructed is
approximately 4,360 feet. All sewer mains will be constructed within the street right-of-way
or dedicated utility easement. The wastewater treatment plant has sufficient capacity to
service this property.
The sanitary sewer operation and maintenance costs associated with this development
will be approximately $23,936 per year at full build out. This includes the collection
and treatment of the sanitary sewerage generated by the residents. Although the sewer
infrastructure will be considered new, the downstream maintenance costs increase as
flows increase. These costs will be offset through revenue generated by the monthly
sewer use fees paid by the sewer service customers.
Storm Drainage: No storm drain system exists in the area. Storm water flows with an
internal collection and disposal system will be handled on site and will not be the
responsibility of the City.
The storm water management facilities will be developed, owned or maintained by the
developer and/or the residents through a homeowners association. No additional costs to
the City of Kalispell would be incurred.
Streets: The north end of Honeysuckle Drive will be extended into the development. Leisure
Drive will be upgraded to city standards and a new street interior to the development will be
constructed. The City will maintain the roadways.
As the development builds out, the increase in maintenance costs will be offset by the
increase in income from levies. As the income from the levies increases it will provide
for additional personnel and/or equipment for the maintenance of the streets. The
street maintenance costs associated with this development will be approximately
$4,965 per year. This amount per year is the anticipated amortized cost of a single chip
seal treatment of the pavement every five years, plus the cost for pothole repair, street
sweeping and snow plowing.
Solid Waste Collection: The City of Kalispell can and would provide solid waste pick-up for
the site when this property becomes eligible for municipal service.
• Some additional services, equipment or other costs would be incurred by the solid waste
department for garbage collection as a result of the development of these lots that has
not been quantified.
Police City of Kalispell Police Department will be available to provide services to this
property upon annexation at approximately the same level as other properties within the
2
City albeit response times may be delayed because of the distance of this property from the
fire and police stations.
Based on the 2000 U.S. Census information the average household size in the city of
Kalispell is 2.21 people. Using this assumption, there would be an additional
approximately 148 people added to the city population once this subdivision is fully
occupied. According to the Kalispell police department, the cost of services is $55,062
per 500 residents per year or approximately $110 per resident per year. Additional
costs to the police department would be 148 x $110= $16,280 per year.
Fire: City of Kalispell Fire Department will be available to provide services to this property
upon annexation at approximately the same level as other properties within the City albeit
response times may be delayed because of the distance of this property from the fire and
police stations.
Based on the 2000 U.S. Census information the average household size in the city of
Kalispell is 2.21 people. Using this assumption, there would be an additional
approximately 148 people added to the city population once this subdivision is fully
occupied. According to the Kalispell fire department, the cost of services is
approximately $68.84 per person per year. Additional costs to the fire department
would be 148 x $68.84 = $10,188.
City Administration: The City of Kalispell would provide administrative services to the
residents of the subdivision from the mayor and city council; city manager, city attorney,
finance department and city clerk.
The combined budgets of the city manager, mayor, city clerk, city attorney and city
court is approximately $576,251. The estimated population based on the 2000 census
and with a 1.3 percent annual increase would be 14,595. Per capital cost for
administrative operations would be approximately $39.48. With an additional 148
people estimated to be added to the population, additional administrative costs are
estimated at $5,843.
Total City Revenue and Cost of Services
Assessments:
Special Assessments: There are no special assessments that would be required any
additional sidewalk, water or sewer improvements. Any improvement would be paid by the
developer in accordance with the City's extension of services plan and policies.
• There are no special assessments or SID associated with this property.
Storm sewer drainage assessments:
Storm sewer assessments based on the square foot of the property with an average
square footage of approximately:
15,000 square feet per lot for single family units based on $0.0029 per square
foot 67 lots = $2.915
3
Street maintenance assessments:
• Street maintenance assessments based on the square foot of the property with an
average square footage of approximately:
15,000 square feet per lot for single family units based on $0.0059 per square
foot x 67 units = $5,930
Urban forestry assessments:
• Forestry assessments based on the square foot of the property with an average square
footage of approximately:
15,000 square feet per lot for single family units based on $0.00135 per square
foot x 67 units = $1.357
General revenue:
• Based on an assumption that the each single family dwelling would unit would be
assessed at approximately $175,000, the taxable value at $415,417 (0.03543 x
$11,725,000) and the 152.39 mill levy the additional revenue to the City of Kalispell
would be $63,305.
Additional Annual Expenses to the City of Kalispell at full build out estimated at:
Sanitary sewer $23,936
Street maintenance 4,965
Police Department 16,280
Fire Department 10,188
Administrative 5,843
Total $ 61,212
Additional Annual Revenue to the City of Kalispell at full build out estimated at:
Storm sewer drainage assessments: $ 2,915
Street maintenance assessments: 5,930
Urban forestry assessments: 1,357
General revenue: 63,305
Total $73.507
Extension and Finance Strategies:
Extension of services to this property would be made from the existing locations to the
properties in the way of services lines at the developers expense along with connection fees.
The connection fees would be paid to the City of Kalispell for water and sewer when the
connections are made.
TRANSMITTALS / 2003/ KA03-2 EXTOFSVC
4
WIND RIVER DEVELOPMENT CORPORATION / LEISURE HEIGHTS SUBDIVISION
INITIAL ZONING OF R-2 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-03-2
FEBRUARY 3, 2003
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
an initial zoning designation of R-2 upon annexation to the city of Kalispell. A public
hearing has been scheduled before the Kalispell City Planning Board and Zoning
Commission for February 11, 2003, beginning at 7:00 PM, to consider appropriate
zoning for the area proposed to be annexed. The planning board will forward a
recommendation for appropriate zoning to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The developer has petitioned for annexation and an initial zoning designation of R-2, a
Single -Family Residential district, on approximately 32.254 acres on the east side of
Willow Glen Drive south of Leisure Drive in conjunction with a 67 lot single family
residential subdivision. The subdivision would be developed in three phases over a
period of five or six years. Currently the property is zoned County R-2, a Single Family
Residential district, under the Flathead County Zoning Regulations
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Interim Zoning Ordinance. This
property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610,
M.C.A., Annexation by Petition.
A. Petitioner: Wind River Development Corp
300 Leisure Drive
Kalispell, MT 59901
(406) 755-6673
Technical Assistance: Schwarz Engineering, Inc
100 Financial Drive, Suite 120
Kalispell, MT 59901
(406) 755-1333
B. Location and Legal Description of Property: This property is located east of
Willow Glen Drive, south and west of Leisure Drive. The property address is 3000
Leisure Drive and can be described as Assessor's Tracts 3, 3H and 3AADA in
Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County.
C. Existing Zoning: This property is in the County zoning jurisdiction and in the
Willow Glen Zoning District. The property is currently zoned R-2, a Single Family
Residential Zoning District that is intended primarily for single-family residential
development. This district has a minimum lot size requirement of 20,000 square
feet and a minimum lot width of 100 feet reduced to 60 feet on lots located on
cul-de-sacs.
D. Proposed Zoning: The proposed R-2, Single -Family Residential, is also a district
that is intended primarily for single-family residential development. It has a
minimum lot size requirement of 9,600 square feet and a minimum lot width of
70 feet. This zoning district closely reflects the currently County R-2 zoning
designation.
E. Size: The area proposed for annexation and zoning contains approximately
32.254 acres.
F. Existing Land Use: The property proposed for annexation has a single family
residence and several outbuilding. It has been used in the past for limited
agricultural purposes, primarily growing small grains and hay.
G. Adjacent Land Uses and Zoning: The land use in the area is primarily single
family residential with City zoning of R-2 to the south and County zoning of R-2
to the north, east and west.
H. General Land Use Character: The general land use character of the area
surrounding this property can be described as primarily single family residential
with some limited non residential uses to the south such as the County shop,
private school and fire station used by the South Kalispell Rural Fire District.
I. Utilities and Public Services: All available public services and facilities will be
provided to these properties at the same level of service as other properties
similarly situated in the city limits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
Kalispell School District
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
1. Does the requested zone comply with the Master Plan?
The property proposed for annexation was previously designated as Suburban
Residential in the former Kalispell City -County Master Plan which encourages
the development of these areas at an urban density once public water and
sewer are available. The density of the subdivision is just over two dwellings
per gross acre and could be considered to be in substantial compliance with
either of these land use designations. The proposed R-2 zoning is consistent
with other zoning, both County and City, in the immediate area.
011
2. Is the requested zone designed to lessen congestion in the streets?
No significant increase in the impacts to the area will be created from annexing
these properties into the City. The uses would be consistent with those
anticipated in the area. There may be some relatively minor impacts to Willow
Glen Drive as a result of the additional traffic that would be generated once this
property is fully developed.
3. Will the requested zone secure safety from fire, panic and other dangers?
No features on the property exist which would compromise the safety of the
public. Any new construction would be required to be in compliance with the
building safety codes of the City which relate to fire and building safety.
Adequate access is available to accommodate emergency vehicles and life safety
equipment.
4. Will the requested zone promote the health and general welfare?
The proposed zoning classification will promote the health and general welfare
by helping to promote the goals of the master plan for the area and encouraging
compatible uses in the area.
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. Proposed development standards under the City R-2 zoning are
similar to the existing County R-2 zoning.
6. Will the requested zone prevent the overcrowding of land?
The proposed zoning designation attempts to provide some consistency in the
development standards that are currently in place and have governed the
development of the area. The proposed zoning attempts to prevent the
overcrowding of land by providing similar standards.
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 future
properties are 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. Services to the area will be provided on a basis that is consistent with
all other properties inside the city limits.
3
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed zoning designation is generally consistent with the land use
designations of the master plan and with the existing uses that have developed
in the area. The zoning gives adequate consideration to the suitability of the
land proposed for zoning.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is primarily single-family residential. The
proposed zoning is similar to that which exists on this property and in the
surrounding areas. It gives reasonable and predictable consideration to the
development of the area and the established neighborhood character.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the proposed
zoning attempts to accommodate anticipated uses in the area which are
compatible and complementary to the existing uses.
12, Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
The proposed zoning is in substantial compliance with the other zoning under
by City and County zoning regulations in the immediate and surrounding
areas.
RECOMMENDATION:
It is recommended that the Kalispell City Planning Board and Zoning Commission
adopt Staff Report #KA-03-2 as findings of fact and forward a recommendation to the
Kalispell City Council to adopt R-2, Residential, upon annexation.
REPORTS\KALISPELL\KA\03 \KA03-2
rd
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT: Wind River Development Corn
MAIL ADDRESS:300 Leisure Drive
CITY/STATE/ZIP:Kalispell, Montana 59901 PHONE: 253.584.4894/406.755.6673
INTEREST IN PROPERTY:Owner/Developer
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: Schwarz Engineering, Inc.
MAIL ADDRESS:100 Financial Drive, Suite 120
CITY/STATE/ZIP:Kalispell, Montana PHONE:406.755.1333
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property:300 Leisure Drive, Kalispell, Montana 59901
Legal Description: Tracts 3 & 311
(Lot and Block of Subdivision; Tract #)
N V2, NW 1/, Section 21, T 28N, R 21W, Flathead Countv
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: R2
The proposed zoning of the above property is: R2
State the changed or changing conditions that make the proposed amendment necessary:
Annexation
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.
V-I( <. - �ffl 6.L� Id -31-D
(Appl c�n l (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.
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 of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the 150VTi + 14p,.ult PMLL 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.
m j-L
Petitione er
PetitioneriOwner
Please .return this petition to:
Tri-City Planning Office
17 211d St East, Suite 211
Kalispell MT 59901
NOTE: Attach Exhibit A
STATE OF MONTANA )
: ss
County of Flathead County
On this 31 stday of December 200�before me, the undersigned, a Notary Public for
the State of Montana, personally appeared Joy K . Mahlum 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.
h
otary Public, State of Montana
Residing at Kalispell
My Commission expires: November 10, 2003
STATE OF MONTANA )
ss
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.
Notary Public, State of Montana
Residing at
My Commission expires:
STATE OF MONTANA )
: ss
County of Flathead
On this day of , , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
tlle ,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
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: January 21, 2003
RE: Kalispell City Planning Board Meeting February 11, 2003
Attached with this memo is information relating to items that will go before the
planning board on the above referenced date.
1. A request by Wind River Development Corp for an initial zoning designation upon
annexation to the city of Kalispell on approximately 32 acres of property located
on the east side of Willow Glen Drive, south and west of Leisure Drive. The
proposal would designate approximately 32 acres as R-2, Residential, a single
family residential district that has a minimum lot size requirement of 9,600
square feet. Currently the property is in the Flathead County zoning jurisdiction
and is zoned R-2, One Family Limited Residential, that has a minimum lot size
requirement of 20,000 square feet. A preliminary plat for 67 single family
residential lots as described below is being filed concurrently with the annexation
and zoning request.
2. A request by Wind River Development Corp for preliminary plat approval of
Leisure Heights, a 67-lot residential subdivision located east of Willow Glen Drive,
south and west of Leisure Drive. This plat would create 67 lots intended for
single family residential development on approximately 32 acres. Lots range ins
size from approximately 10,000 square feet to approximately 28,000 square feet.
All of the lots in the subdivision would be served by public sewer and water and
would be developed in accordance with City of Kalispell design standards. The
preliminary plat is being submitted in conjunction with the annexation of the
property and designation of initial zoning R-2.
3. A request by NIPO, LLC for an initial zoning designation of B-2, General Business,
upon annexation into the city of Kalispell on approximately 9.33 acres that lies
between Hwy 93 south and Willow Glen Drive north of Lower Valley Road. The
property is currently in the County zoning jurisdiction and is zoned B-2, General
Business.
Providing Community Planning Assistance To:
• City of Kalispell • Cty of Columbia Falls • City of Whitefish
Referrals KPB 2 / 11 / 03
January 21, 2003
Page 2
These items will go before the Site Development Review Committee now meeting in the
City Hall Conference Room while the Kalispell Building Dept undergoes a remodel.
January 23, 2003- Initial comments
January 30, 3003 - Comments
Final Comments By:
• February 3, 2003 so that they can be incorporated into the staff report.
These matters will go before the Kalispell City Planning Board on February 11, 2003
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
February 3, 2003 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 me. Thank
you for taking the time to review and comment on these items.
c: w/attachments: Jim Stewart, Fire Dept.
Mike Baker, Parks and Rec
Chris Kukulski, City Manager
PJ. Sorenson, Zoning Administrator
Roger Kraus, Police Dept.
Dick Amerman, City Engineer
Jim Hansz, Director Public Works
Susan Moyer, Community Development Director
Craig Kerzman, Chief Building Inspector
Charles Harball, City Attorney
Charlie Johnson, Co. Road Dept.
Jackola Engineering
Schwarz Engineering
H: \... \AGREF\KALISPELL\KPB211REF1.DOC
The Daily Inter Lake, Sunday, January 26, 2003'— D6
No. 6591
NOTICE OF PUBLIC
2. A request by Wind
HEARING
River Development
KALISPELL CITY
Corp for preliminary plat
PLANNING BOARD
approval of Leisure
AND ZONING COM-
Heights, a 67-lot resi-
MISSION
dential subdivision io
Leisure Heights Subdi-
Gated east of Willow
vision Initial Zoning of
Glen Drive, south and
R-2 Upon Annexation —
west of Leisure Drive.
32 Acres
This plat would create
Leisure Heights Pre-
67 lots intended for sin-
liminary Plat — 67 Lots
gle-family residential de -
Initial Zoning of B-2
velopment on approxi-
Upon Annexation —
mately 32 acres. Lots
Four Corners
range in size from ap-
The regutar� tteeting of
proximately 10,000
the Kalispc ' C'r Plan-
square feet to approxi
ping Board and Zoning
mately 28,000 square
feet. All of the lots in the
Commission is sched-
uled for Tuesday, Feb-
subdivision would be
ruary 11, 2003 begin-
served by public seweerr
and water and would be
ning at 7:00 PM in the
Kalispell
Kalispell City Council
-
developed in accord -
Kalispell
-pelf with City n Kalis.
yell design standards.
City Hall, 312 First Ave-
nue East, Kalispell. The
The preliminary plat is
planning board will hold
being submitted in con -
a public hearing and
junction with the annex -
the property and
take public comments
on the following agenda
d
design
n
designation of initial
iItems. The board will
_zoning R-2. The proper -
ty can be described as
make a recommends-
tfon to the Kalispell City
'Assessor's Tracts 3, 3H
-council who will take fi-
and 3AADA in Section
nal action.
21, Township 28 North,
1. A request by Wind
River Development
Range 21 _ West,
+P.M.M., Flathead Coun-
Corp for an initial zoning
designation upon an-
ly, Montana.
3. A request by NIPO,
a city
nexation to the city of f
LLC for an initial zoning
designation of B-2. Gen -
Kalispell on proxi-
mately 32 acres of prop-
eral Business, upon an-
erty located on the east
nexation into the city -
Kalispell on
Side of Willow Glen
Drive, south and west of
mately 9.33 accresres that
leisure Drive. The pro-
lies between Hwy 93
south and Willow Glen
posal would designate
Drive north of Lower
approximately 32 acres
as R-2, Single Family
Road. The prop -
Residential, that has a
ertyValley
is currently in the
County
County zoning luris
minimum lot size re-
quirement of 9,600
tion and is zoned B 2,
-2,
square feet. Currently
General Business. The
the property is in the
property proposed for
Flathead
Flathead County zoning
annexation can de -
scribed as Assessor's
and is zoned
R-2, One Family Resi-
Tracts 1 1 EG, 11E,
dential, that has a mini
11 EC, 11 ED, 11 E,
1.1 EB, 11 EE 11
Mum lot size require-
11a
and EH
1 EH
ment of 20,000 square
feet. A preliminary plat
2 Section
Se o 2 n
Township
for 67 single-family resi-
W North, Range 21
,
West, P.M.M., Flathead
dential lots as described
below is being filed con-
County, Montana.
currently with the an-
Documents pertaining
to these agenda items
nexation and zoning re-
quest. The property
y
ar
are file for public in-
Proposed for annexation
ti
spection at the -ri-City
Planning Office, 17 Sec -
and zoning can be de-
scribed as Assessor's
and Street East, Suite
Tracts 3, 3H and 3AA-
DA in Section 21, Town-
ship 28 North, Range 21
`Nest. P.M.M., Flathead
County, Montana.
211 Kalfspell, MT i
59901, and are availa
ble for public review °-
during regular office.
hours.
interested persons are.'.
encouraged toL attend .
the hearing and make
their views and con-
cerns 'known to the",
Board. WritterCcbm
merits. maybe- "submit=l
led to the-Trf-City Plan
ping Office. at the above
address,:: prior,ta the
date° of the`_hearing,_oc.`
contact Narda_.Wilson,'
Senior Planner;,at oos
751-1850 for additional
information.
/WThomas F� Jernz
Th-e fnas R: Jentz
Planning; Director. _
January 26, 200a
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VICINITY MAP
WIND RIVER DEVELOPMENT CORPORATION
REQUEST FOR INITIAL ZONING UPON ANNEXATION ON 32 ACRES
FROM COUNTY ZONING OF R-2, ONE FAMILY RESIDENTIAL
TO R-2, SINGLE FAMILY RESIDENTIAL
CITY OF KALISPELL ZONING JURISDICTION
PU" DMM/U/09
FILE# KA-03-2 SCALE 1" = 500' H:\6v\pfte\kmW_Z.4ft