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 R-4 Zoning -
Muskrat Slough Subdivision / Tim Birk
MEETING DATE: September 4, 2001
BACKGROUND: The property proposed for annexation is located on the north side of
Russell Drive and west of Willow Glen Drive in the southeast part of Kalispell. The
developer has petitioned annexation and initial zoning concurrent with an application
for preliminary plat of a ,,20 lot residential subdivision known as Muskrat Slough
Subdivision. The area proposed for annexation and zoning contains approximately 8.98
acres. This property is currently in the County zoning jurisdiction and is zoned R-5, a
Two Family Residential zoning district. This district is a residential district that has a
minimum lot size requirement of 5,400 square feet, a minimum lot width of 50 feet
and setbacks of 20 feet in the front and rear and five feet on the sides. Properties in
this district would be anticipated to be served by all public utilities and services. It
allows duplexes and single-family residences as permitted uses.
The developers are proposing City R-4 zoning, a Residential zoning district that has a
minimum lot size requirement of 6,000 square feet, a minimum lot width of 50 feet and
setbacks of 15 feet in the front, 10 feet in the rear and five feet on the sides. This
district allows duplexes and single-family residences as permitted uses. Currently this
property is being used for grazing purposes and is otherwise undeveloped. The area
can be described as residential in character and is comprised primarily of family
residences on lots of similar size
The Kalispell City -County Planning Board held a public hearing at their regular
meeting of August 14, 2001, and a motion was made and passed unanimously to
forward a recommendation 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
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
RESOLUTION NO. 4650
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 ASSESSOR'S TRACTS 7N
AND 70H LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS MUSKRAT SLOUGH
ADDITION NO. 305; 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 Tim
Birk, the owner of property located on the north side of
Russell Drive, south of Kelly Road and west of Willow
Glen Drive and further described as Assessor's Tracts 7N
and 70H in Section 20, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS,
the Tri-City Planning Office has made
a report on Tim
Birk's Annexation Request, #KA-01-3,
dated August 6,
2001, and
WHEREAS,
the Kalispell City -County 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 above
be annexed to the City of Kalispell and the boundary of
the City is altered to so provide, and shall be known as
Muskrat Slough Addition No. 305.
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 SEPTEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
August 21, 2001
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning - Muskrat Slough Subdivision
Dear Chris:
The Kalispell City -County Planning Board met on August 14, 2001, and held a public
hearing to consider a request by Tim Birk for annexation and initial zoning on property
located on the north side of Russell Drive and west of Willow Glen Drive in the southeast
part of Kalispell in conjunction with a 20 lot residential subdivision, Muskrat Slough
Subdivision. The applicants are proposing City R-4, a Residential zoning district, which
has a minimum lot size of 5,000 square feet and allows duplexes and single-family
homes as permitted uses.
Narda Wilson, of the Tri-City Planning Office, presented staff report KA-01-3, evaluating
the proposed zoning. She noted that the property is currently designated as County R-5,
a T`wo Family Residential district and that the proposed zoning was comparable. Staff
recommended initial zoning of City R-4, Residential upon annexation.
At the public hearing the applicants spoke in favor of the proposal.
After the public hearing the board discussed the proposal, taking into consideration the
issue associated with the subdivision. A motion was made and passed unanimously to
forward a recommendation that initial zoning for this property should be R-4,
Residential, upon annexation.
Please schedule this matter for the September 4, 2001 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
Kalispell City -County Planning Board
tevens
Pre zdent
GS/NW,
Providing Community Planning Assistance To:
- City of Kalispell • City of Columbia Falls • City of Whitefish •
PETITION NO.:
PETITION TO ANNEX.
AND
NOTICE OF wITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfidiy 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 time same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herei express an intent to have the property as herein described
withdrawn from the 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.
Petitioner/Owner
2 5'LC
Date
Please return this petition to: f IT
Flathead Regional Development Office J
723 5'h Avenue East, Room 41471
Kalispell MT 59901
Note: Exhibit A (legal description) must be attached for the petition to be valid.
KALISPELL CITY -COUNTY PLANNING BOARD
MINUTES OF MEETING
AUGUST 14, 2001
CALL TO ORDER AND Chairman Greg Stevens called the meeting to order at 7.00 p.m.
ROLL CALL Members present were: Don Garberg, Dale Pierce, Ron Van Natta,
Rob Heinecke, Bill Rice, Greg Stevens; Don Mann, Don Hines and
Brian Sipe. Narda Wilson represented the Tri-City Planning Office.
There were approximately 60 people in the audience.
APPROVAL OF There was a motion by Heinecke and second by Sipe to approve the
MINUTES minutes as presented.
OF JULY 10, 2001
DOWNTOWN URBAN A request by the City of Kalispell for amendments to the Downtown
RENEWAL DISTRICT Urban Renewal District - Fire Hall Relocation and Contribution to
the Flathead City County Health Department.
Heinecke said that due to the large agenda for this nights meeting,
he felt this agenda item and the work program under new business
should be tabled until the September meeting.
MOTION Heinecke moved to table Agenda Item C, Downtown Urban Renewal
District and Item E-1, Work Program, until the September meeting.
Hines seconded the motion.
ROLL CALL VOTE The motion to table the agenda items passed on a vote of 6 in favor
and 3 against.
MOTION Stevens entertained a motion that due to the numerous agenda
items on this evening's agenda, public testimony be limited to a
maximum of four minutes.
Hines moved to limit the public testimony to a maximum of four
minutes and Garberg seconded.
ROLL CALL VOTE The motion to limit public testimony to a maximum of four minutes
passed on a vote 6 in favor and 3 against.
TIM BIRK A request by Tim Birk for an initial zoning designation of R-4,
ANNEXATION AND Residential, upon annexation into the City of Kalispell on 8.98 acres
INITIAL ZONING that lies on the north side of Russell Drive, west Willow Glen Drive
REQUEST /MUSKRAT and south of Kelly Road in association with Muskrat Slough
SLOUGH Subdivision, a 20-lot residential subdivision.
PRELIMINARY PLAT
STAFF REPORT Wilson requested that they combine the annexation and preliminary
plat request and hold one public hearing, but that a separate
motion be made for each request.
Stevens said they would combine the public hearings.
Kalispell City -County Planning Board
Minutes of the meeting of August 14, 2001
Page 1 of 9
Narda Wilson, of the Tri-City Planning Office, gave a presentation of
staff reports #KA-01-3 and #KPP-01-1, stating the property
proposed for annexation was on the north side of Russell Drive,
south of Kelly Road and west of Willow Glen Drive in an area
generally referred to as the "Greenacres" area. Wilson said the
property is currently in the County zoning jurisdiction and is zoned
R-5, a Two Family Residential zoning district and the applicants
were proposing City R-4 zoning, a residential zoning which allows
duplexes and single-family residences as permitted uses. Wilson
said the applicants were also requesting preliminary plat approval of
a 20-lot residential subdivision. Wilson said the subdivision would be
served by City water and sewer that would be extended from the main
that was along Russell Drive and would be reviewed and approved by
the Kalispell Public Works Department.
Wilson said that four letters in opposition and a letter from the
Flathead Conservation District had been received since the packet
went ,out which had been passed out to the Board.
Wilson stated this matter had gone to Site Review on August 2nd and
some of the concerns that had been raised at that meeting were
installation of the sewer line through the slough and that water
circulation not be obstructed when the water and sewer line were
installed. Wilson said the Site Review Committee had also expressed
some concern about Russell Drive being a private roadway and an
easement would be needed from the Meadow Park Unit 11
Homeowners Association.
Wilson said the property was not in the 100-year floodplain and the
slough was considered State water, which would require the
applicants to obtain a discharge permit for storm water into the
slough, which was addressed in the conditions of approval. Wilson
said drainage in this area was an issue because of work and fill that
have been done in the slough over the years, most recently with the
installation of a culvert under Russell Drive and a culvert installed
under Willow Glen Drive to help stabilize the water level in the
slough. Wilson said that prior to emptying any storm water run off
into the slough, the applicants will be required to demonstrate that
the culverts are functioning property and that additional water would
not adversely affect the level of the slough in conjunction with their
drainage plan.
Wilson said access is proposed by an existing road that is
constructed to City standards, Russell Drive, which is privately
owned and maintained by the Meadow Park Unit II Homeowners
Association., but that is open to public use. Wilson said there was a
note on the final plat that states the private roadway easement shall
be maintained by the Meadow Park Unit II Homeowners Association
until such time that the subdivision is annexed into the City, at such
time it would become a public road. Wilson said the applicant will
have to obtain an easement from the homeowners association
granting ingress and egress from Russell Drive to the proposed
subdivision, and traffic generation would be primarily onto Russell
Drive and then out to Willow Glen Drive.
Kalispell City -County Planning Board
Minutes of the meeting of August 14, 2001
Page 2 of 9
Wilson said staff recommends approval of staff report #KPP-01-1 as
findings of fact subject to the 20 conditions as outlined. Wilson said
staff is also recommending that the Board adopt staff report #KA-01-
3 as findings of fact and that the zoning for the property be R-4,
Residential, upon annexation.
Mann asked whether staff was asking the developer to fix the
culverts under Russell Drive and Willow Glen.
Wilson said when the final plat was filed it was certified that the
culverts were functioning and installed property. Wilson said they
were asking the applicant, that prior to final plat approve, they
demonstrate that culverts are still functioning adequately and can
accommodate the additional storm water discharge that will be
generated from the subdivision. Wilson said it may require some
repair.
Mann asked if the applicant would be allowed to put storm water run
off into slough.
Wilson said that was an issue that the Department of Environmental
Quality and Public Works Department would review. Wilson said it
was a substantial issue that the developer would have to address.
Mann said both culverts appear to be bad shape and asked how long
they had been there.
Wilson said the culvert under Russell Drive was installed in
approximately 1997 and the one under Willow Glen was installed
within the last few years as part of the Willows Subdivision.
Mann asked who installed the culverts.
Wilson said the developer of Meadow Park Unit II installed the
culvert under Russell Drive and when the Willows Subdivision was
developed, the developer installed the culvert under Willow Glen
Drive. Wilson said both subdivisions were done by the same
developer.
Mann asked if the culverts were sufficient.
Wilson said they could be without a lot of work, but there were other
concerns. Wilson said on the east side of Willow Glen Drive there is
a channel that was supposed to handle the over flow from the slough
that eventually discharges from a pipe into the Stillwater River,
which was properly certified and engineered, but is not well
maintained, which could be an issue. Wilson said the culvert under
Willow Glen does have some problems, maybe as a result of post
construction work done on the subdivision some sloughing could
have occurred on the north end of Russell Drive which could have
kept the culvert from functioning as well as it should. Wilson said a
reputable, local engineer had certified that it was properly engineered
and functioning.
Kalispell City -County Planning Board
Minutes of the meeting of August 14, 2001
Page 3 of 9
Van Natta said in the correspondence from the Army Corps of
Engineers that they had given the developer back in March 30 days
to clean -out the culverts to make sure they were functioning, and
that it didn't take the culverts very long to become clogged up again.
Wilson said she had talked to Charlie Johnson at the Flathead
County Road Department about this matter, and Johnson said there
were several issues that were involved. Wilson said the drainage
easement on the east side of Willow Glen Drive is not part of this
project, and that Johnson had written a letter to Jim Hanz making
him aware of the drainage swale behind the Willows Subdivision.
Wilson said this matter was scheduled for Site Review next week.
Wilson said the other issue, which was directly related to this
project, is the culvert under Russell Drive and the west end of the
culvert under Willow Glen Drive.
Van Natta asked about the road and what happened if it wasn't
annexed.
Wilson said it had been City policy to allow subdivisions to occur on
the periphery without requiring immediate annexation, but a waiver
to protest annexation if it were to occur. Wilson said there were
several subdivisions directly to the west of this proposed one that the
infrastructure was installed in accordance with City standards, but
not immediately annexed. Wilson said it is the County policy not to
accept any new roads, so that all the new roads in the County are
privately owned and maintained, typically by a road users
association, homeowners association etc. to maintain that roadway,
typically by an casement rather than a dedicated right-of-way.
Wilson said the Commissioners have a policy that those private
roadways are open to public use, and this is one of those roads.
Wilson said there is a note on the final plat that states it is a private
road easement, owned and maintained by Meadow Park Unit II
Homeowners Association until the subdivision is annexed "and then it
would be a public road. Wilson said because it is a private road,
owned by the homeowners association, they have to let the public
travel over the road but it would not entitle the general public, or in
this case, the developer unlimited access to further developing the
road. Wilson said because there are some legal issues surrounding
the road, staff was recommending that the developer get an
easement from the homeowners association if that road still remains
in a private status when he is ready to develop the property.
Van Natta asked why would the Board act on it if there was no
access to the property.
Wilson said she believed there was access to the property but the
developer needed to demonstrate that there was an easement there.
Wilson stated there was a provision in the subdivision regulations
that Wilson states when there is access across a private property the
applicant has to demonstrate that they have legal access across the
property to the extent and nature that is being used. Wilson said
this was not an uncommon condition.
Kalispell City -County Planning Board
Minutes of the meeting of August 14, 2001
Page 4 of 9
Van Natta said the letters that they were given earlier indicate that
the homeowners consider it a private road and chose not to let the
developer use their road.
Wilson said the issue was more between the developer and
homeowners associate.
Van Natta asked why the developer didn't first get the easement and
then come to the Board.
Wilson said she didn't believe the developer knew the restrictions on
the property.
Heinecke asked if Meadow Park Unit II had public water and sewer.
Wilson said yes.
APPLICANTS / Tim Birk spoke in favor of the project, saying it was a small, light -
AGENCIES density subdivision. Birk said the road issue did come as a
surprise, because they had purchased the property on the west side
of the Stahlberg property from the City, which ran along Russell
Drive and borders two subdivisions. Birk said originally he had
meetings with Greenacres West and found out about the road issue.
Birk said he would like to work with the people on Russell Drive
and resolve the issue. Birk said they wanted to develop a quality
development in keeping with the neighborhood. Birk said the water
would come off Russell Drive through the Stahlberg property and
connect on the north end of the slough, and the sewer would go to
the left station on the north side of the property, and the primary
access would come from Willow Glen and the traffic impact through
the neighborhood would be fairly minimal. Birk said his main
concern was to work with the neighborhood.
Stevens said the Board had received four letters in opposition from
Karen Carter, Kathleen Hunnewell, Madalene Shoemaker, Paula
Buckley and a letter from the Flathead Conservation District which
outlined some steps the developer should take.
Stevens said when technical issues like storm run off, etc. arose the
Board didn't review those. Steven said the MDEQ, City -County
Health Department, and Public Works reviewed these issues.
Stevens said their review was of the criteria in the staff report.
Mann said he agreed that maybe they were putting the cart before
the horse, and asked Birk if he had talked to Meadow Park Unit II
homeowners or should they table this matter until these issues
were resolved.
Birk said it came as a surprise when this became evident. Birk said
the property was purchased in two segments, neither one of them
addressing an access problem, which became an issue after the
purchase. Birk said he has not talked to anyone in the
homeowners association, but in order to proceed if the Board
granted this condition approval on resolving this road issue.
Kalispell City -County Planning Board
Minutes of the meeting of August 14, 2001
Page 5 of 9
PUBLIC HEARING The public hearing was opened to those who wished to speak on the
proposal.
PROPOENTS Brett Birk spoke in favor saying they tried to plan the subdivision to
fit into the neighborhood, and that the other issues will be
addressed as they progress, and asked the Board to look at the
condition that gives responsibility for the two culverts to the
developer. Birk said if there was severe existing problems that the
responsibility should be shared, and was confident they could
resolve the road issue.
OPPONENTS Lynn Shoemaker, president of the Meadow Park II homeowners
association, 2199 So. Woodland Drive, said she was there to speak
on behalf of the association. Shoemaker said the association had
met several times since being notified of the proposed subdivision,
and were not opposed to the subdivision, but they are the owners of
Russell Drive, and had many concerns regarding the additional
traffic, the slough, and the number and types of homes being
proposed. Shoemaker said at this time the homeowners association
is not willing to grant an easement or give any permission for
anyone to access their road for the subdivision. Shoemaker urged
Birk to meet with them and discuss their concerns and come to an
agreement that would satisfy both parties.
Karen Carter, 2171 So. Woodland Drive, spoke in opposition saying
the culverts don't work and never had; there is no drainage and her
home floods.
Kathleen Hunnewell, 2189 So. Woodland Drive, spoke in
opposition, saying she lived on the corner of Russell Drive and So.
Woodland. Hunnewell said American Land and Development built
their subdivision and they had never been make to maintain or
make the culverts work in any way and asked how could they be
sure of that this subdivision will be made to adhere to the
conditions of approval.
Winifred Storlie, Airport Road, said she was involved in this
development because of her interest in wetlands and water quality.
Storlie said she applauded the gentleman who suggested that there
be some forethought and have these problems settled before there
was another sewer emptying into Muskrat Slough, because of the
health hazard.
Sipe asked if it was possible to table the application for a month.
Stevens said he felt there was an opportunity now for the developer
and homeowners association to resolve the issues, which may not
present themselves at a later date.
Pierce asked if Meadow Park Unit II was annexed into the City.
Wilson replied no.
Kalispell City -County Planning Board
Minutes of the meeting of August 14, 2001
Page 6 of 9
MOTION (TO TABLE) Pierce moved to table the application for a month due to the many
issues that needed to be resolved and Sipe seconded the motion.
ROLL CALL VOTE The motion to table the application for a month failed on a vote of 5
against and 4 in favor.
DISCUSSION Sullivan said he was going to break protocol and ask the Birks if
they wanted to be annexed unless they had an approved
preliminary plat.
Birk said they did want to be annexed and this would give them a
chance to work with the homeowners association on Russell Drive.
Birk said he felt the preliminary plat should go ahead with adding a
condition on working out the access requirement.
Heinecke said it was already a condition of preliminary plat
approval.
MOTION (MUSKRAT Mann moved that the Kalispell City -County Planning Board adopt
SLOUGH SUBDIVISION staff report #KPP-01-1 as findings of fact and recommend to the
PRELIMINARY PLAT Kalispell City Council that the preliminary plat be approved subject
to the 20 conditions as outlined in the report. Garberg seconded
the motion.
DISCUSSION Mann said the condition he had the most problem was why the
developer was being required to fix problems caused by prior
developers.
Wilson said it was up to the developer to make sure there is flow
through the culvert and perhaps Birk could work the homeowners
association on the issue. Wilson said Condition #5 deals with their
entire drainage management plan. Wilson said it would be to
everyone benefit if the Corps put some pressure on American Land
and Development.
Mann asked if Birk had any objections to the conditions.
Birk said that was one of his main concerns and he wasn't sure
what it would entail. Birk said the culvert Russell is underwater,
and the culvert under Willow Glen is poorly engineered and may be
a major issue.
Wilson said there wasn't any condition that required Birk to be
responsible or that he has to fix the problem. Wilson said a storm
water drainage plan must comply with State of Montana and Public
Works and that a letter was needed from the Flathead County Road
Department saying the culvert under Willow Glen Drive has been
adequately installed to accommodate potential overflow.
Kalispell City -County Planning Board
Minutes of the meeting of August 14, 2001
Page 7 of 9
MOTION (AMEND THE Mann moved to amend his motion by striking Condition #6. Sipe
MAIN MOTION) seconded the motion.
DISCUSSION Heinecke said they needed to get to some point of resolution and
deleting the condition was not going to do that.
Van Natta said he was against striking the condition also and that a
letter from Flathead County Road Department wouldn't carry any
weight because the Corps was involved.
Rice said the condition should say because American Land put in
the culverts, and if new storm water problems arises then it will be
Birk' responsibility to resolve that. Rice said if they found that the
culverts were improperly installed then it should be taken back to
American Land or the Corps and have them upgraded to that point.
Mann said Condition #6 will only hinder this developer and that
Condition #5 says the storm water drainage plan must comply with
City standards.
Garberg said he agreed with Mann's comments.
Heinecke said the condition should stay but perhaps add something
that say the Corps needs to be involved.
Van Natta said Condition #7 brings in the Corps.
ROLL CALL VOTE The motion to strike Condition #6 passed on a vote of 6 in favor
(STRIKE CONDITION and 3 against.
#6)
DISCUSSION Rice said he would like to discuss the water quality and the concern
that the Conservation District had. Rice said he would like to add
an amendment to establish a riparian corridor along the slough
that would revegetate the area, and upgrade the water quality. Rice
said Country View Estates had done a similar thing.
MOTION (ADD Rice made a motion to add Condition #21 that a riparian corridor
RIPARIAN CORRIDOR) be established along the slough and that it be designed with the
input from the Flathead Conservation District and maintained by
the homeowners association, and that the acreage be applied
toward the parkland dedication.
Stevens said that was an open ended corridor that could be
anywhere from 20 feet to 60 feet and he personally didn't know
what a riparian corridor consisted of.
Rice said he couldn't address that either, but that if it was
cooperation between the developer and the Conservation District
then something could be established.
Kalispell City -County Planning Hoard
Minutes of the meeting of August 14, 2001
Page 8 of 9
Van Natta seconded the motion to add the riparian corridor as a
condition.
Van Natta said he would like a moment to review the letter from the
District.
Mann agreed the water quality should be reviewed but this was not
the time or place and that the Board was debating a preliminary
plat approval that would have to go through many other types of
review.
Van Natta asked Wilson what weight the recommendation from the
Conservation. District carried.
Wilson said if it was a condition it would be included in the final
plat approval.
ROLL CALL VOTE (TO The motion to add a riparian corridor as a condition failed on a vote
ADD A RIPARIAN of 8 against and 1 in favor.
CORRIDOR)
ROLL CALL VOTE The motion to approve the preliminary plat of Muskrat Slough,
(MAIN MOTION) deleting Condition #6, passed on a vote of 9 in favor and 0 against.
MOTION (TIM BIRK Garberg made a motion that the Kalispell City -County Planning
ANNEXATION AND Board adopt staff report #KA-01-3 as findings of fact and forward a
INITIAL ZONING) recommendation to the Kalispell City Council that the initial zoning
of the subdivision be R-4, a residential district, upon annexation
into the city of Kalispell. Mann seconded the motion.
ROLL CALL VOTE The motion passed on a vote of 9 in favor and 0 against.
ADJOURNMENT The City portion of the public hearing was adjourned at 8:35 p.m.
Greg Stevens, Chairman Sandie Mueller, Recording Secretary
APPROVED as presented / corrected Date:._ __.
Kalispell City -County Planning Board
Minutes of the meeting of August 14, 2001
Page 9 of 9
MUSKRAT SLOUGH SUBDIVISION
REQUEST FOR ANNEXATION AND INITIAL ZONING OF R-4
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-01-3
AUGUST 6, 2001
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding the annexation and initial zoning of R-4 on property in southwest Kalispell. A
public hearing has been scheduled before the Kalispell City -County Planning Board for
August 14, 2001 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
The developer has petitioned annexation and initial zoning concurrent with an
application for preliminary plat of a 20 lot residential, subdivision in the southeast part
of Kalispell known as Muskrat Slough Subdivision. 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 applicant has proposed a zoning
classification of R-4, a Residential district, under the City of Kalispell Zoning Ordinance.
Currently, the property is zoned County R-5, a Two Family Residential district, under
the Flathead County Zoning Regulations. This property will be annexed under the
provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The
preliminary plat for Muskrat Slough Subdivision submitted concurrently with the
petition for annexation will also require consideration by the city council.
A. Petitioner and Owners: Tim Birk
880 Farm Road
Kalispell, MT 59901
(406) 257-3141
Technical Assistance: Birk Engineering
2302 Hwy 2 East, #9
Kalispell, MT 59901
(406) 756-2131
B. Location and Legal Description of Property: The property proposed for
annexation lies on the north side of Russell Drive, south of Kelly Road and west
of Willow Glen Drive in an area generally referred to as the "Greenacres" area.
The property can be described as Assessor's Tracts 7N and 70H located in
Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. Existing zoning: This property is currently in the County zoning jurisdiction
and is zoned R-5, a Two Family Residential zoning district. This district is a
residential district that has a minimum lot size requirement of 5,400 square
feet, a minimum lot width of 50 feet and setbacks of 20 feet in the front and
rear and five feet on the sides. Properties in this district would be anticipated
to be served by all public utilities and services. It allows duplexes and single-
family residences as permitted uses.
1
D. Proposed Zoning: The developers are proposing City R-4 zoning, a Residential
zoning district that has a minimum lot size requirement of 6,000 square feet, a
minimum lot width of 50 feet and setbacks of 15 feet in the front, 10 feet in the
rear and five feet on the sides. This district allows duplexes and single-family
residences as permitted uses.
E. Size: The area proposed for annexation and zoning contains approximately 8.98
acres.
F. Existing Land Use: Currently this property is being used for grazing purposes
and is otherwise undeveloped. It is intended for a residential subdivision,
Muskrat Slough Subdivision.
G. Adjacent Land Uses and Zoning: The area can be described as residential in
character and is comprised primarily of family residences on lots of similar size
as those being proposed in the areas to the east and west.
North: Single family homes in Greenacres Unit 4, County R-5 zoning
East: Single family homes and the Willows Subdivision, County R-5 and
City R-2 zoning
South: Single family homes Meadow Park Unit 2, County R-5 zoning
H. General Land Use Character: The area can be described as is residential in
character and is comprised primarily of family residences on lots of similar size
as those being proposed in the areas to the east and west.
I. Availability of Public Services: Full public services 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.
1. 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 up to two dwelling units per
acre. However, the plan encourages a redesignation to a higher density once
public water and sewer are available. The requested R-4 zoning classification is
in conformance with the master plan and encourages density where full public
facilities and utilities are available.
2. Is the requested zone designed to lessen congestion in the streets?
Once the proposed subdivision which has been filed concurrently with this
annexation and initial zoning request has been developed, traffic in the area will
increase slightly. However, infrastructure will also be extended and will serve the
homes within the subdivision. This zoning designation and subsequent
subdivision will not lessen congestion in the streets in the area, but is anticipated
to occur as development of the area continues.
3. Will the reauested_ 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 subdivision.
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 promoting the goals of the Master Plan.
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 master planned for residential
development and has full public services. The proposed R-4 zoning designation
is consistent with existing development in the area and the current County R-5,
Two Family Residential zoning designation. All public services and facilities will
be available to serve this subdivision. This zone change will not result in an
overcrowding of land.
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 give 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 is small lot 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?
Small lot 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 zoning of the site and is a
continuation of the same pattern of development in the area. Extension of municipal
services to the site to City standards will take place as part of the development of the
subdivision that has also been proposed. Adequate access is available to serve the
property and any future development will be consistent and compatible with existing
development in the area. Public services and the facilities serving this subdivision will
be extended and constructed in accordance with the City of Kalispell Extension of
Services Plan and the Kalispell Design and Construction Standards.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board adopt Staff Report
#KA-01-3 as findings of fact and forward a recommendation to City Council that the
initial zoning of this subdivision should be R-4, a Residential district, upon annexation
into the City of Kalispell.
4
Flathead Regional Development Office
723 5"' Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fax: (406)758-5781
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT:
MAIL ADDRESS:
CITY/STATE/ZIP:
PHONE: 2 6-7 3/4L/
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:_&1= L K,2 ce q
MAIL ADDRESS:
CITY/STATE/ZIP: 5— PHONE: .Z 3
INTEREST IN Zk)=
PLEASE COMPLETE THE FOLLOWING:
Address of the property:
Legal Description:
(Lot and Block of Subdivision; Tract #)
1�l r�ee P -)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is:
The proposed zoning of the above property is: 17-y
State the changed or changing conditions that make the proposed amendment necessary:
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for F.R.D.O. staff to be present on the property for
routine inspection during the annexation process.
r
ant)
�l/enn
(Date)
DURABLE P W R OF AT N Y
KNOW ALL MEN BY THESE PRESENTS:
That I, Timothy R. Birk, of Bigfork, Montana, do hereby nominate and appoint
my wife, Julie C. Birk, to be my true and lawful Attorney -in -Fact, and to do all acts
and things for me, on my behalf, which I could do were I present. I intend this
Durable Power of Attorney to be full authority for said Julie C. Birk to make all
signatures for me, including signatures for me upon deeds, mortgages, bills of sale,
releases and satisfactions, and to deal with my debtors and creditors, and to settle,
compromise and clear for me any claims which I may hold and any claims which
may be asserted against me, and to sign any and all documents, including drafts,
money orders or checks, in my name and in my stead, and to do any other acts
requisite to the carrying out of such powers, as I could do or would do if personally
present. This Durable Power of Attorney shall not be affected by subsequent
disability or incapacity of the principal or lapse of time.
AND I DO HEREBY ratify and confirm all lawful acts of my Attorney -in -Fact
made or done upon this Durable Power of Attorney, until the same be revoked in
writing.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this
Durable Power of Attorney, this _ day of January, 1998.
STATE OF MONTANA )
ss.
County of Flathead )
r
Timothy R. BirV
On this ,aa day of January, 1998, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Timothy R. Birk, known to me
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
Mo
Notary PqVic fo
Residing at:-7!6�
My commission
Montana
EXIMIT A
LEGAL DESCRIPTION
MUSKRAT SLOUGH SUBDIVISION
DE5CRIPTIAV - 7RACT 1
A TR4C7 OF LAND LLL'ATED W THE SGUTHE45T "RTER OF TILE AICRTNEAST QUARTER OF SECTION 20, TaYNSf11P 28 NORTH, RANGE 21 WEST, PRINCIPAL
,-WRIMW MCWTANA, FLATHEAD COUNTY, 1 XWTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOPRS:
J. rWiCIAG AT 771E EAST CUJARTER CORNER OF SAID SECTIM 20,• THENCE N8470'3214, CN AND ALONG 774E 5Q BXNDARY OF SAID 5GllfNEAST 6UARTER 01
,14E ACRT14EIST OUARTOR A D/STAAICE OF 30.00 FEET TO A POINT AND WN104 POINT LIES CN 771E WEST RTGNT-OF-WAY BOUNDARY OF A 60-FOOT QWNTY ROA,
<11OW A5 NILLOW GLEY DRVE,,• TYaCE AW13'24'W, ON AND ALONG SAID WEST BOUNDARY, A DISTANCE OF 118.78 FEET TO A POINT AND WNICN POINT 15 774E
TRUE RONT OF BEGINNING,
THENCE CGNT/NLIING N00-1324'W, CN AND ALA 541D WE5T BOUNDART,, A D15TANCE OF T.3O.41 FEET TO A FOUND 5/6' RE -BAR AND NN104 POINT 15 774E
-9WWEAST. CORNER OF TOWER ADD17.10N, ACCORDING TO TUE 11AP OR PLAT ON FILE, THE 4CE N8 rX'17'N, ON AND ALONG THE -50AW BOUNDARY OF SAID
TOWER AMMON AND ON AND ALONG THE SanW BOUNDARY OF Wr5 M2 127,124 L2q• 130 AND 131 OF 6RED4ACRE5 WEST WIT NO. 4, A PLAT OR 17AP OF AWIGW I.
aN FTL.E W174 THE FLATHEAD aXW7Y CLERIC AND RECORDER'5 OFFICE, A D15TANCE OF 461.7q FEET TO A FOIND "' RE -BAR; THENCE 5004104`E; AND LEAVING
SAID 52f774 BOUNDARY, A DISTANCE OF 3Z.02 FEET TO A POINT; THENCE 575-43'WE, A DISTANCE OF 8421 FEET TO A POINT; 774E7yCE --"l6W 57'E, A DISTANCE
�7 La.48 FEET TO A POINT; THENCE 553.461381E, A D157AACE OF 124.62 FEET TO A POINT; TN&r-E S3143'01'E, A D15TAACE OF 142.62 FEET TO A POINT; 7k9CE
5AM'14'E, A DISTANCE OF 117W FEET TO A POINT; MOZ-E 52T3R'44'E, A DISTANCE OF 133.0 FEET TO TW TRUE PO4YT OF BEGINNING.
THIS TRACT CONTAINS 3.386 ACRES AND 5UdlEC7 TO AND TOGETHER N171I ALL APPURTBiOT EASETIENT5 OF RECORD
DESCRIPTION - TRACT 2
A TRACT OF LAND LGG4TED W THE SOUTHEAST GARTER OF THE NIORR74E4ST QUARTER AND IN THE AVR7NEAST Cf1ARTER OF THE 50UTNE46T MARTER OF
SECTION .W, TOWNSHIP 0 NORTH, RANGE 21 WE5T, PRINCIPAL MERIDIAN, P1O1tifTANA, FLAT1454D CMWTY, MWTANA AND MORE PARTICULARLY DE5CR16ED AS
FOLLOJW5+
CCY'7! aCIMG AT THE EAST 4MARTER CORNER OF S41D 5ECTION 20' THENCE N5g70'32'N, OV AND ALONG THE 50UTIN BOUNDARY OF SAID 5IXITNEAST MARTER C
THE NORTHEAST CHARTER, A D157ANCE OF 30.00 FEET TO A POINT AND P441CO POINT LIES ON 714E NE5T RIGHT -OF WAY BXNDARY OF A 60-FA7T Ca#VTr ROA
,q WN AS NILLOW GLEN DRIVE AND WNIC41 PRINT 15 THE TRUE POINT OF BEGINNING;
THENCE S0d'I3'74'E, ON AND ALONG SAID NE5T BOIAJDARY, A DISTANCE OF 1.00 FOOT TO A FawD 5/8' RE -BAR AND WHICH FiOlAT LIES ON THE NORTH
RIGHT -OF -NAY BOUNDARY OF A 6d-Fwr Cawnr ROOD KAOW AS RU55EU DRIVE, • THENCE NBgW32'W, ON AND ALONG BUD MORT4 BOUNDARY, A DISTANCE C
531.46 FEET TO A POINT,• THENCE M0331511N, AND LEAVING --AID NfORTN BOUNDARY A DISTANCE OF 222W FEET TO A FOUND 5/8' RE -BAR; 774&CE h8nl'51%,
DISTANCE OF 231 X FEET TO A POINT TASC•E N773f'51%, A DISTANCE OF l -00 FEET 7-0 A P;Oh T,• T14ENCE MX'04'35'E, A DISTANCE OF 129.514 FEET TO A
POINT; THENCE 1N84'54108'E, A D15TANCE OF 29.37 FEET TO A POINT; TNE7NCE N43-301'E, A DISTANCE OF 42.81 FEET TO A PONT; THENCE 1N61-V.22'E, A DISTANC
OF A0.45 FEET TO A POINT; THENCE N73W%O'E, A D157ANCE OF 77.58 FEET TO A POINT; THENCE N8574SVE, A DISTANCE OF S9.q5 FEET TO A PaAfT,• THENCE
5004W'f A D15TANCE OF 50.00 FEET TO A PANT, TNIEtiCE 575'43740E, A DISTANCE OF 84?2 FEET TO A POINT;• THENCE 566%W'57'E, A DISTANCE OF 10.48
FEET TO A POINT; 774ShCE 50%16SVE, A DISTANCE OF L29.62 FEET TO A POINT; THENCE 531 43WE,, A DISTANCE OF 142.62 FEET TO A POINT,• 774aCE SI073'l4!
A DISTANCE OF 217.86 FEET TO A POINT; THENCE S2T34'44% A DISTANCE OF 133.13 FEET TO A PCWT AND HWY POINT LIES ON 731E S41D WEST SOCINDARY a
NILLON GLEN DRIVE; THENCE S0713'24'H, ON AND ALONG SAID NEST BOUNDARY, A DISTANCE OF 118.78 FEET TO THE TRUE POINT OF BEGINNING.
77415 TRACT CONTAIN5 M81 ACRES AND SU,BIECT TO AND 7015 WER WIT!! ALL APRRTB"NT EASEII&475 OF RECORD.
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Muskrat Slough Subdivision Annexation and Initial Zoning
Muskrat Slough Subdivision Preliminary Plat - 20 Lot Subdivision
The regular meeting of the Kalispell City -County- Planning Board and Zoning Commission is
scheduled for Tuesday, August 14, 2001 beginning at 7:00 PM in the Kalispell City Council
Chambers, Kalispell City' Hall, 312 First Avenue East, Kalispell. During the regularly-
scheduled meeting of the planning board, the board yAill hold public hearings and take public
comments on the following agenda items. The board jell make a recommendation to the
Kalispell City Council who wall take final action.
1. A request by Tim Birk for annexation into the City of Kalispell and an initial zoning
designation of R-4, a Residential zoning district whichminimum
has a b.000 square foot inimum
lot size requirement and allows duplexes and single-family residences as permitted uses.
The property, proposed for annexation contains approximately 8.98 acres and lies on the
north side of Russell Drive, west Willow Glen Drive and south of Kelly Road in southwest
Kalispell. The property is currently in the County zoning jurisdiction and is zoned R-5, a
Two -Family Residential zoning district which has a minimum lot size requirement of 5,400
square feet and allows duplexes and single-family residences as permitted uses. The
purpose of the annexation and zoning is for a 20-1ot residential subdivision known as
Muskrat Slough Subdivision that has been flied concurrently yvith the annexation request.
The property proposed for annexation can be described as Assessor's Tracts 7N and 70H
located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana and as further described in Exhibit B.
2. A request by Tim Birk for preliminary plat approval of a 20 lot residential subdivision
known as Muskrat Slough Subdivision. The subdivision contains approximately- 8.98
acres total with 4.90 acres in lots, 0.93 acres in roads and 3.15 acres in common area.
Lots in the subdivision range in size from 8,090 square feet to 14,480 square feet. A new
public roadway will be esrended to serve the subdivision. A request for annexation into
the City of Kalispell has been filed concurrently- with the subdivision with a request for
City R-4 zoning, a Residential zoning district, upon annexation. This zone allows duplexes
and single-family residences as permitted uses. The property proposed for subdivision is
located on the north side of Russell Drive, west Willow Glen Drive and south of Kelly Road
in southwest Kalispell. The property can be described as Assessor's Tracts 7H and 70H
located in Section 20, Township 28 North, Range 21 West, P.M.vI., Flathead County,
Montana.
Documents pertaining to these agenda items are on file for public inspection in the Tri-City
Planning Office, 17 Second Street East, Suite 211, h-alispell, MT 59901, and are available for
public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and concerns
known to the Board. Comments in jvriting mad -be submitted to the Tri-City Planning Office at
the above address prior to the date of the hearing or you may contact Narda Wilson, Senior
Planner; at (406) 75I-1850 for add-,nonai information.
Thomas R. Jentz
Planning Director
FRD O
S-98
CERTIFICATION
APPLICANT: I'Ii1 BIRK-'ra-01-3 / Y1.USn:CgT SLOUCH KPH-01-1
FRDO FILE 4:
I, the undersigned certify that I did this date mail via certified or registered mail a copy
of the attached notice to the following list of landowners adjoining the property lines
of the property that is to be subdivided.
Assessor's S-T-R Lot/Tract
No. No.
SEE ATTACHED LIST
Date:
Property Owner
& Mail address
BIRK ENGINEERING
2302 HIGMTAY 2 EAST 7479
KALISPELL MT 59901
~
89 76
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,
77
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1
10fi
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8�
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7 5fl 58 6i
0
-101- 1
_-.. 02 104
103 _105 107
- 78
70K J
--- 117 116 115` i -
loa I
-B7 78
_ `-!-
as --.
zt
14 109
113
a5 —_
81
_
- 1 1213I. f2
��
-- -
120 110
84
1 27�
4
- , s
t_ 7:
121` \ 111
—_.. -- 112
83 az
f i
i 25i
23 22�147
2 l 21
20 150 _ `- -_ -
148A :uv:,-
3 17
16
4
7L 5 6 7 8
9 10
R4 I
.I 5Cd
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?H f
5CG
1
C
1 60 59 58 57 56 55 54 53 52 51
13 14 15 _ 11 R
3
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7 JJi pwml_
7.
SCGAI I
I
5 6"
VICINITY MAP
TIM BIRK / BIRK ENGINEERING
PRELIMINARY PLAT — (MUSKRAT SLOUGH SUBDIVISION)
A 20 LOT RESIDENTIAL DUPLEX SUBDIVISION ON 8.98 ACRES
& ANNEXATION AND INITIAL ZONING OF R-4, RESIDENTIAL
FROM R-5, TWO FAMILY RESIDENTIAL
WILLOW GLEN ZONING DISTRICT
PLAT DATE: 7/20%01
FILE # KPP — 01--1 SCALE I" = 3 5 0' H:\gis\site\kpp01_L.dwg
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 Qf the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herei express an intent to have the property as herein described
withdrawn from the 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.
Petitioner/Owner ate
Please return this petition to:
Flathead Regional Development Office
723 Ste Avenue East, Room 414
Kalispell MT 59901
4-1
GSS ; 9 z3 0�
Date
-{ark Ai
�p�res 3/�S�oz
Note: Exhibit A (legal description) must be attached for the petition to be valid.
ORDINANCE NO. 1399
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 TRACTS 7N AND 70H IN
SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY
RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Tim Birk, 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-5
classification, to the East by single family homes,
County R-5 and City R-2 classification, to the South by
single family homes, County R-5 classification, and to
the West by single family homes, County R-5
classification, and
WHEREAS, the petition of Tim Birk was the subject of a report
compiled by the Tri-City Planning Office, ##KA-01-3, dated
August 6, 2001, 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 -County Planning Board and Zoning
Commission adopted the Tri-City Planning Office 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,
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 Tri-City Planning Office
as set forth in Report No. KA-01-3.
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 Tracts 7N and 70H in Section 20 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 4TH DAY OF SEPTEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk