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Staff Report/Annexation & ZoningTri-City Planning Office 17 Second Street East - Suite 2 11 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Annexation and Initial Zoning of R-4, Two Family Residential Denver and Sunnyside Drive - Debbie Willis MEETING DATE: September 3, 2002 BACKGROUND: This is a request for annexation and initial Zoning for property located on the west side of Denver Avenue, north of Lone Pine View Estates and south of Sunnyside Drive. It contains approximately one acre. The property is currently in the County zoning jurisdiction and is zoned R-1, Suburban Residential. City R-4, Two -Family Residential, has been proposed for the property. The R-4 zoning district allows duplexes and single-family dwellings as permitted uses. The minimum lot size for the district is 6,000 square feet and a minimum lot width of 50 feet with setbacks of 15 feet in the front, ten feet in the rear and five feet on the sides. There is an existing single family residence on the property. The property owner would like to create one additional lot and will need to connect to City water and sewer in order to accomplish this. The proposed zoning R-4 is consistent with other zoning in the area on properties that have been recently annexed. More specifically, directly to the west of this site the approximately 11 acre parcel that adjoins this was given an R-4 zoning designation as well as the property where Stratford Subdivision is being developed to the south of Lone Pine View Estates. On August 13, 2002 the Kalispell City Planning Board held a public hearing to consider the appropriate zoning for the property upon annexation to the city. No one spoke at the public hearing and staff recommended approval of the proposed R-4 zoning. A motion was made and passed unanimously by the planning board to recommend R-4, Two Family Residential, zoning upon annexation into the city. , RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4 zoning upon annexation would be in order. FISCAL EFFECTS: Some potential positive effects once fully developed. Providing Community Planning Assistance To: City of Kalispell - City of Columbia Falls - City of Whitefish Willis Annexation and Initial Zoning August 22, 2002 Page 2 ALTERNATIVES: Respectfully submitted, N�ida A. 'WAon Senior Planner As suggested by the city council. Report compiled: August 22, 2002 c: Theresa White, Kalispell City Clerk H: \FRDO\TRANSMIT\KALISPEL\2002\KA02-IOMEMO.DOC Chris A. Kukulski City Manager RESOLUTION NO. 4739 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO BE KNOWN AS WILLIS ADDITION NO. 317; 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 Debbie Willis, the owner of property located on the west side of Denver Avenue, north of Lone Pine View Estates and south of Sunnyside Drive and described in Exhibit A, attached hereto and tbereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Debbie Willis' Annexation Request, #KA-02-1 0, dated August 1, 2002, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property as described in Exhibit A, be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Willis Addition No. 317. SECTION 11. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 111. 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 ANDAPPROVED BYTEE CITY COUNCILAND SIGNED BY THE MAYOROF THE CITY OF KALISPELL, THIS 3RD DAY OF SEPTEMBER, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P-M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the Northwest comer of the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, which is on the Southerly R/W of a 60 foot county road known as Sunnyside Drive; thence along said R/W North 88'1 I'l 8" East 595.46 feet to a set iron pin; thence leaving said RAV South 03135'00" East 118.43 feet to a set iron pin and the True Point of Beginning of the Tract of Land herein described; thence continuing South 03'35'00" East 52.18 feet to a set iron pin; thence South 38'07'18" East 73.07 feet to a set iron pin; thence South 77'44'26" West 184.75 feet to a found iron pin; thence South 14'57'00" West 32.82 feet to a found iron pin; thence South 77'44'26" West 124.95 feet to a set iron pin; thence North 00'09'20" West 198.70 feet to a set iron pin; thence North 88'1 I'l 8" East 263.40 feet to the Point of Beginning, Shown as Tract 2 of Certificate of Survey No. 12924. ORDINANCE NO. 1437 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT 7B LOCATED IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Debbie Willis, 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 City R-4 and County R- I Zoning (single family homes), to the East by County R- I Zoning (single family homes), to the South by County R- I and City R-3 Zoning (single family homes), and to the West by City R-4 Zoning (undeveloped and single family homes), and WHEREAS, the petition of Debbie Willis was the subject of a report compiled by the Tri-City Planning Office, #KA-02- 10, dated August 1, 2002, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential, as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned R4, Two Family Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Two Family Residential, the City Council adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of CgRn!Y Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KA-02-10. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTIONI. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance #1175) is hereby amended by designating the property described above as R-4, Two Family Residential. SECTION 11. The balance of Section 27-02.010, Official Zoning Map, City of 1437 willis.wpd 1 Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 111, This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF SEPTEMBER, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk 1437 willis.wpd 2 Tii-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centurytel.net August 22, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning of R-4, Two Family Residential Denver and Sunnyside Drive - Debbie Willis Dear Chris: The Kalispell City Planning Board met on August 13, 2002, and held a public hearing to consider initial zoning upon annexation for an approximately one acre parcel located on the west side of Kalispell. A petition for annexation was submitted for this property which hes on the west side of Denver Avenue, north of Lone Pine View Estates and south of Sunnyside Drive. There is currently a single family home on the property and the property owner would like to create an additional lot. This V'rill require connection to City water and sewer. Thomas Jentz, with the Tri-City Planning Office presented staff report KA-02-10, evaluating the proposed zoning noting that the proposed zoning is consistent with the zoning for other lots in the area that are inside the city limits. The staff recommended City R-4, a Two Family Residential zoning district, which has a minimum lot size requirement of 6,000 square feet and allows duplexes and single-family homes as permitted uses. It is consistent with other City zoning in the area. No one spoke at the public hearing. The board discussed the zoning in the area and the proposed zoning. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation. Please schedule this matter for the September 3, 2002 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board 04 Ron an Natta President Providing Community Planning Assistance To: City of Kalispell - City of Columbia Falls - City of Whitefish Willis Annexation and Initial Zoning August 22, 2002 Page 2 RVN/NW Attachments: Original petition to annex and legal description Staff report #KA-02-10 Draft minutes 8/13/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Debbie Willis, 940 Sunnyside Drive, Kalispell, MT 59901 H: \FRD0\TRANSMlT\KALISPEL\2002 \KA02-10.DOC PUBLIC EMARING The public hearing was opened to those who wished to speak. PROPONENTS Michaeli Deulfer, 25 Three Mile Drive, said she inherited the property from her parents. She had concerns about the current residential zoning designation saying the area is very noisy with UPS starting at 4:00 a.m. and ambulances using the route to get to the hospital. She didn't see it as a good DRAFT residential area because of the traffic and noise, especially in the summer when the windows needed to stay open. She said they were trying to sell the property and the sale was contingent on the zoning. Curt Lindeman, a small business owner across the street, had concerns about the issue of safety. With the proposed change of the intersection and the Junior High school down the street he had concerns about a possible high traffic business like fast food that would have 1,500 cars a day. He wanted to make sure the safety factor was considered in the zone change. OPPONENTS No one else wished to speak and the public hearing was closed. MOTION Rice moved and Atkinson seconded to adopt staff report KZC-02-2 as findings of fact and recommended to the Kalispell City Council that the requested zone change from R-3 to B-2 be denied and that the property be rezoned to R- 5, Residential/ Professional Office. BOARD DISCUSSION Van Natta wondered if the road were already in place if that would change the recommendation. Jentz stated the greater issue was the Master Plan, which indicated high density residential. It was a matter of timing and once the new growth policy were in place and the board had an opportunity to look at the whole neighborhood they might be here looking at it. He thought the appropriate thing to do would be to change the Master Plan, but the bigger issue was the Growth Policy. He thought the R-5 was in substantial compliance and if it went to B-2 it would be hard to change later if this did -not fit the overall plan for the neighborhood. ROLL CALL The motion passed on a roll call vote with 4 in favor and 1, Spooner, voting in opposition. DEBBIE WILLIS INITIAL A request by Debbie Willis for an initial zoning designation of ZONING AND ANNEXATION R-4, Two Family Residential, upon annexation on approximately one acre that hes on the south side of Sunnyside Drive. Kalispell City Planning Board Minutes of the meeting of August 13, 2002 Page 4 STAFF REPORT Thomas Jentz, of the Tri-City Planning Office, gave a #KA-02-10 presentation on staff report KA-02-10, a request for annexation and initial zoning classification of R-4, Two - Family Residential. The property is currently zoned County FT R-1, Suburban Residential and will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Staff reviewed the statutory criteria and recommended initial zoning for this property upon annexation to be R-4. APPLICANT/AGENCIES Jentz noted that Debbie Willis is the recording secretary. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Anderson moved and Spooner seconded to adopt staff report KA-02- 10 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two -Family Residential. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS No old business was reported. NEW BUSINESS Jentz opened discussion on the Growth Policy issue. He said that the City Council has moved ahead to create a Kalispell City Planning Board and they would like the Growth Policy to proceed. Jentz suggested a work session and that the board review the three drafts and previous work done. Discussion followed regarding meeting schedules, agenda time -lengths, extension of services, and City -County political climates. ADJOURNMENT The meeting was adjourned at approximately 8:28 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, September 10, 2002. Ron Van Natta, Chairman of the Board Debbie Willis, Recording Secretary APPROVED as submitted/ corrected: _/_/02 Kalispell City Planning Board Minutes of the meeting of August 13, 2002 Page 5 DEBBIE WILLIS REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-02-10 AUGUST 1, 2002 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of R-4 upon annexation to the city on property in southwest Kalispell. A Public hearing has been scheduled before the Planning board for August 13, 2002 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BA r, OUNID INFORMATION This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The property owner has petitioned annexation and initial zoning class ca on of R-4, a o-F y Residential district if' ti Tw amil . The property is in the County zoning jurisdiction and is zoned County R-1, a Suburban Residential district. This ropertY will be annexed under the provisions of Sections 7 P -2-4601 through 7-2-46 10, M.C.A., Annexation by Petition. A. Petitioner and Ovvners: Debbie Willis 940 Sunnyside Drive Kalispell, MT 59901 (406) 257-7958 B. Location and Legal Description of Property: The property proposed for annexation lies on the west side of Denver Avenue, north of Lone Pine View Estates and south of Sunnyside Drive. The property proposed for annexation can be described as Assessor's Tract 7B located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C- E7dsting zoning: The property is currently in the County zoning jurisdiction and is zoned R- 1, Suburban Residential. The suburban residential district is intended to serve as an axea where limited density would be encouraged such as in the 100- year floodplain or on steep slopes or in areas where estate type development is anticipated. D. Proposed Zoning: City R-4, TwO-Family Residential, has been proposed for the property. The R-4 zoning district allows duplexes and single-family dwellings as permitted uses. The minimum lot size for the district is 6,000 square feet and a minitnUrn lot width of 50 feet with setbacks Of 15 feet in the front, ten feet in the rear and five feet on the sides. E, Size: The area Proposed for annexation and zoning contains approximately one acre. &dsting Land Use: CurTently this property is being used for a single-family residence with an attached garage on the property near the southwest corner. G. Adjacent Laud Uses and Zoning: The immediate area is characterized by single- family homes on urban sized lots in the area to the east and single-family homes on the larger lots to the lots to the west and north. North: Large lots with single-family homes, City R-4 and County R- 1 zoning East: Single-family homes; County R- 1 zoning South: Single family homes, Lone Pine View Estates, County R- 1 and City R-3 zoning. West: Undeveloped grazing lands and single-family homes; City R-4 zoning H. General Land Use Character: The area can be described as a transitional area between the urban areas of Kalispell to the east and the more rural undeveloped area of the County to the west. The immediate area is characterized by single- farnily homes on urban sized lots in the area to the east and south and single- family homes on the larger lots to the lots to the west and north. An urban density residential subdivision, Lone Pine View Estates, lies to the south of this property. I. Availability of Public Services and Extension of Services: Public services, including City water and sewer, can be provided to this site. City water and sewer were extended into the area when Lone Pine View Estates was developed. Water and sewer services are located within the right-of-way along Denver Avenue in front of this property and would only require connection to provide service to the property - EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change Findings of fact for the zone change reqL criteria described by 76-2-203, M.C.A. in zoning is set forth by 76-2-205, M.C.A. -st are discussed relative to the itemized Does the requested zone comply with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Suburban Residential" which is defined as allowing two dwellings per acre. The master plan also encourages the redesignation. of the suburban residential area to a higher density once public services are available. The Urban Residential land use designation anticipates two to eight dwelling units per acre, Because of the plans for the provision of public water and sewer to the site, the proposed R-4 zoning designation is in general compliance with the master plan designation. Because of the configuration of this property, it would appear that one additional lot could be created that would create a density of approximately one dwelling per 7,000 square feet or a density of approximately six units per acre. The R-4 zoning has a minimum lot size requirement of 6,000 square feet with each lot allowing a duplex or a base density of one dwelling per 3,000 square feet. However, as previously mentioned the configuration of this property does not lend itself to allow the maximum density provided for under the zoning. 2. Is the requested zone designed to lessen congestion in the streets? Any increase in the traffic in the area will result from an additional dwelling or duplex which will have an insignificant impact and will not impact the functioning of the streets in the area. 3. Will the requested zone secure safety from fire, panic, and other danaers? 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 property and will. be utilized at the time another lot is created in the future. 4. Will the reguested zone vromote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that which would be compatible with the adjoining properties and providing a place for new housing in the corrununity. 5. Will the reguested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone -prevent the overcrowding of land? As previously noted this area has been anticipated for residential development and now that public water and sewer are in the street an urban Land use designation is appropriate. The anticipated density generally falls within the proposed R-4 zoning designation. All public services and facilities will be available to serve this property. An overcrowding of Land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely to occur. 7. Will the reguested 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 further 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. 3 9. Does the requested zone give consideration to the -particular suitabULty of the Property for particular uses? The proposed R-4 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area to the east and south is urban sized lots for residential development. The same type of development can be anticipated to occur on this property and will be consistent with the character of the district. 11. Will the pMosed 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 al)t)ropriate use of the land throughout the municip ? Urban scale residential development should be encouraged in areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the master plan and surrounding zoning in the area. SUMMJhRY AND DISCUSSION The proposed City R-4 zoning is similar to the existing to the west and to the south of the site and will be consist with other development in the area. Access is from Denver Avenue which is currently indicated as a private road easement, but will be dedicated to the City of Kalispell at the time this property is subdivided. The City of Kalispell currently maintains Denver Avenue in conjunction -with the maintenance of roads in the Lone Pine View Estates subdivision. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-02- 10 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two -Family Residential. M 4 Debbie R. Wiffis 940 Sunnyside Drive� Kalispa Mt 59901 Home (406) 257-7958 CeB (406) 250-5708 Fax (406) 752- 3784 wilhsdebbie@hotrnaiLcom Tri-City Planning Office 17 Second Street East, Suite 2 11 Kalispell, MT 59901 Attn: Narda Wilson June 28, 2002 Dear Narda, This letter is a request to waive preliminary plat for property located at 940 Sunnyside Drive, in Kalispell, Montana. Legal description for the property is: Section 19, Township 28, Range 2 1, Tract 7B I am submitting this letter with a Petition for Annexation and Initial Zoning, along with Schedule A, legal description of the property. Thank you for your tirne and attention to this matter. Sincerely, Debbie R. Willi Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, NIT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: 6.�;t (!!�' U)'i � � -k 5 MAIL ADDRESS: S�kxin\si C"k'4'e- -D Y-. CITY/STATE/ZIP: KdXA S e- I MT T(3 10 1 PHONE: c;-) E- I � :H S-8 INTEREST IN PROPERTY:_ Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: CITY/STATE/ZIP: INTEREST IN PROPERTY: PLEASE COMIPLETE THE FOLLOWING: PHONE: Address of the property: 9 Ll C-� SUy\V\'�:1S4e' 7�v-- Legal Description: —7-F— (Lot and Block of Subdivision; Tract I 1� - 'Zo - -?"( (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is- F% - The proposed zoning of the above property is: R-4 State the changed or changing conditions that make the proposed amendment necessary: I&IL"k VA +W0 RECEIVED '(V\+c' 6t +?d C-eJ 02 d!-JW1ihWA-1 01111MIrp k Ilk I Nk ND11 9 g : 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. _,,,-OCpplicantT) (Date) A Tract of land, situated, lying, and being in the Northeast Quarter of the Northwest Quarter of Section t9, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 2.1 West, P.M.M., Flathead County, Montana, which is on the Southerly R/W of a 60 foot county road known as Sunnyside Drive; thence alona said R/W North 88'111'181' East 595.46 feet to a set iron pin-, thence leaving said R/W South 03'35'00" East 118.43 feet to a set iron pin and the True Point of Beginning of the Tract of Land herein described; thence continuincr South 03'35'00" East 52.18 feet to a set iron pin, thence South 38'07'18" East 73.07 feet to a set iron pin, thence South 77'44'26" West 184.75 feet to a found iron pin; thence South 14'57'00" West 32.82 feet to a found iron pin; thence South 77'44'26" West 124.95 feet to a set iron pin; thence North 00'09'20" West 198.70 feet to a set iron pin; thence North 88'1 V18" East 263.40 feet to the Point of Beginning. Shown as Tract 2 of Certificate of Survey No. 12924. 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 Petitioneir(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 herein 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. .0;5 Petitioner/Owner Date Please return this petition to: Y al Is a /e/� FT5 9 114 Note: Exhibit A (legal description) must be attached for the petition to be valid. STATE OF MONTANA ) : ss County of Flathead County -Iqr On this day of '-.��r\jL— , 20C&� before me the undersiped, a Notary Public for the State of Montana, personally appeared -I)e ()yc, h C&� U")X known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that haO&VralkUd the same. IN WIV4�%S WHEREOF%,.I Ttave hereunto set my hand and affixed my Notary Seal the day and year ijAhls ce written. SV, Noiary Vu�lic, �tqp'd Montana Residing st--� 0 My Commission �xpires: F �k' M111111t11131 � kk STATE OF MONTANA ss County of Flathead County On this day of I ------------ 1 before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: On this day of —1 1 before me, the undersigned, a Notary Public for The State of Montana, personally appeared and , the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seat the day and year in this certificate first above written, Notary Pub I ic, State of Montana Residing at My Commission expires ff-V a M"181-r PC A Tract of land, situated, lying, and being in the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.NT., Flathead County, Montana, and more particularly described as follows to wit: Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County. Montana, which is on the Southerly RJW of a 60 foot county road known as Sunnyside Drive; thence along said R/W North 88'11'18" East 595.46 feet to a set iron pin; thence leaving said R/W South 03'35'00" East 118.43 feet to a set iron pin and the True Point of Beginning of the Tract of Land herein described; thence continuing South 03*35'00" East 52.18 feet to a set iron pin; thence South 38'07'18" East 73.07 feet to a set iron pin; thence South 77'44'26" West 184.75 feet to a found iron pin; thence South 14'57'00" West 32.82 feet to a found iron pin; thence South 77'44'26" West 124.95 feet to a set iron pin; thence North 00'09'20" West 198.70 feet to a set iron pin; thence North 88'11'18" East 263.40 feet to the Point of Beginning. Shown as Tract 2 of Certificate of Survey No. 12924. 6+ 6+ LOT I OC 100 i OA C)E 11 A 6CA 6c \,\6 L 0 LOT 6A I 6c '\\ 6 m LOT 5 6+ 8 Jill 78 * M I N � R 'S'Ll B D' # 117 LONCE' NF IVIIEW Lj 7AMA &VM 2512= EST L01".'T t " I j i IL - 1 4 1 PHMIX ST i$ 19 21 N _:7 EST Bismaw s- 17 '1 a 19 1 10111i 1,2� 1 1 .,led solely for the Unii., Plat is PT()Vl 'I Lj4joc�Ltirk�,,' the of as�ast 6 -stuvi, -\\" , \�x 6LA 6+ 7AS 7ABA 26A 2913 7 2 L01 14cl 42 4 37 1 145 14. 14a '49 36 44k. 54 32 30 15 10 29 7� 103 4 xx -go 24 23 '22 2 71T. 595.46' Ike^ 701 M2V 'PARCEL A 0,735 AC. tb jr TRACT 2 0 0/ AC. BARN lie.or ENCROACHMENT W-� 0014 �r I .0 '5" A C. S14*5r00"W (r.Oq 7f;401 IAVL 4L P1443' sarmw-r 11 52.Ar T-2 C-1 SJ" r7a'*E -17jor 60' PRIATE ROAD UTILITY EASEMENT t j/1 $00; 3,�� V� 12 14 I JI 9A AMD PARK 8 7 6 5 10 A 7A 0' A NLY-WE 08 loc 1 OD Sub 110 1 11 8 id 1 OA JBD I RA 10EN 1 17 -0 LONE WITLE 'FE ST 7AAM Z7 �26�25: if 124; 23 EST 5 181!19�'20, 2,1 22 17 1 6i 1517 141! 13 E 8 9 10, 11 rz�, VICINITY MAP DEBBIE WILLIS REQUEST FOR INITIAL ZONING UPON ANNEXATION FROM COUNTY R-1, SUBURBAN RESIDENTIAL TO R-4, TWO FAMILY RESIDENTIAL CITY OF KALISPELL ZONING JURISDICTION MENEM :)perty 7AB 7ABA PWT DATE: 7/17/02 FILE# KA-02-10 SCALE 1" = 250' ffi\&\sits\ka02-l0.dwg Th . 6 Daily 1, . nter Lake, Sunclayi Jiuly 21,.2002 — D7 No. W3S NOTICE OF PUBLIC HEARING KALlSPELL CITY PLANNING BOARD AND ZONING COM- MISSION The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, Au- gust 13, 2002, begin- ninq at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall. 312 First Ave- nue East, Kalispell. During the re gularly scheduled meeting of the planning board, the board will hold a public hearing and take public comments on the follow- Ing Rgonda items. The board,W4 rnske,a,rac- ommendallor4tO the ka- Its ei1-City,4:(3UncII`"4ho wirl take final action. 1, Postponed from the July meeting, a request b6 Mark Owens, dba L 0 Lim ted Partner- ship for an initial zoning designation upon an- nexation to the city of Kalispell on approxi- Mately 58 acres of prop - arty located at the north - cast comer of Sunwalter Fload and West Re- serve Drive- The pro. posel would designate approximately 42 acres as R-3, Residential, a single family residential district 9 acm. a A-3, a Resi- dential ApartmentlOtlice district and 7 acres as 0-1, Neighborhood Buf- ter District, a 1irmt8d commercial district in- tended to serve the im- mediate surrounding area. A prellmine ry plat for 121 lots as descri- bed below is bemliled concurrently wil the annexation and zoning request. The property proposed to( annexation and zoning can be de- scribed as a portion of Assessor's Tract 5+ 10- cated in Section 25, Township 29 North Range 22 West: P.M,M., Flathead Co"n- ty Montana. i Postponed from the July mqatrig. a request by Mark Owens dba Owl Corporation for pre- lirmna� plat approval of West low Estates, a, 121-�ot subdivision lo- caled on the northeast corner of Stillwater Road and West Re- serve Drive. This plat would create 119 lots in- tended for single family residential development on approx1mately 42 acres, one of intended for neighborhood com- mercial on app roximate- ly 7 acres and one lot intended lor high densi- ty residential 0 Oe USGS on approximately 9 acres. Alt of the lots in the subdivision wouid be served by public Sewer and water and would be developed in accordance with City of Kalispell standards. The preliminary plat is being submitted in con- juncitto n with the annex- alion of the property and designation of initial zoning,. The -property 4i:ian bwMestcrlbed-as m. — . c '?a 0 S__ t A k"Towhatill Xa'- .11ilorth; Range P-21 tP.M Kk-'F1ath6Ekd.�Ccfua- .� 4;;1tiiiZ - . I,& A, requeSt by Moun- -lain View Plaza LP for preliminary plat appro- val of a 13 lot commer- cial subdivision located on the southeast corner of Hwy 93 and West Re- serve Drive. This plat would create 13 cGm_ marciai lots intended for development as part of the Mountain View Pla- zaJHorne Depot COM- mercial center, The property contains ap- proximataty 37 acres and is zoned B-2JPUD, a Commercial zoning district with a Planned Unlit Development over- lay. All of the lots in the subdivision would be served by public sewer and water and would be developed in accord- ance with the previously approved planned unit development (PLID) and development agreement executed with the City of Kalispell. The proper- ty can be described as Assessor's Tract 3E lo- 'cated �n Section 31. Township 29 North Range 21 west: P.M.M., Flathead Coun- ty, Montana. 4- A request by North- ridge Lutheran Church for a conditional use permit to allow the ex- pansion of their existing church on property lo- cated in an R-3, Single Famlly Residential zon- ing district which lists churches as a condition- ally permitted use, The existing 9,263 square foot church would be expanded by and addi- tional approximately 11,361 square feet for a total area of 20,624 square feet. The hei hi of the church within t%1. expansion area would be between 14 feet and 30 feet and would me" the existing build- ing. The property where the church is located contains approximately 2.82 acres and is at 323 Northridge Drive in Ka- lispeil. The properly can be described as Lot 2, Block 12 Northridge Heights ff 4 located in Section 1, Township 28 North, Range 22 West, P.M�M ., Flathead Coun ty Montana. 5. A zone change re- quest by Ray, Michaeli and Amanda Deuifer from R-3, Residential, a single family residential zoning district to B-2, General Business, a commercial district that allows a broad mix of commercial uses, The property lies at the northwest corner of Three Mile Drive and North Meridian Road in Kalispell and contains approximately 1.69 acres and is currently developed with a single family home. The prop- erty proposed for Tozon- ing is located at 25 Three Mile Drive and can be described as a portion of Lot 2%. Block V, NurthwestTractfi in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead Goun- ty, Montana. '6� A requetr -`by'_ Frol-and LLC on behall of Verizon Wireless and Flathead Industries for a conditional use pennit to allow a temporary use for a cell on wheals (COW) on property lo- cated in a B-5, Com- mercial/IndushiaJ zoning district, which lists tem- porary uses and cellular communication towers as a conditionally per- mitted use- The lower would be a approx�l- E mately 100 ask in height located an a trail- er type otireme that would not rectuire a per- manent attachment'to the ground. The appli- cants are proposing that the call on wheels be al- lowed to be used until a mmanent co-locatlon aci ty can big secured with the construction of the tower proposed on the adjoining site by TrISar Communication. The towor would be 10- called on property at 68 Third Ave W.N. in Kalls- oil. The property can a described as Lots 7 and 8_13lock 28, Kalls- -rI Original Townsite .'C'.ted in Section 7 Township 28 North Range 21 West P-M,M-. f9athead County Monte- na. 7. A request by Dab- bie Willis for an initial zoning designation of Fl- 4, Two Family Resid8n- lei. upon annexation in- to the city of Kalispelt on approximately one acre that lies an the south side of Sunnyside Drive and the west side of Denver Avenue. The property address is 940 Sunnyside Drive and is developed with a single family dwelling. Current - this property is In the ounty zoning jurisdic- tion and is zoned A-11, Suburban Residential. The property is being annexed in order to fe- calve City utilities and create one additional lot. The property pro- posed for annexation can be described as As- sessors Tract 7B locat- ed in Section 19, Town- ship 26 North, Range 21 West P.M.M., Flathead County, Montana. Documents pertaining to this agenda item am on file for public inspec- flon at the Tiri-City Plan- ning Office, 17 zsecond Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Irderested persons am encouraged to attend the hearing and make their views and con- cerns known to the Board. Written com- ments maybe submit- - lad to the Tfi-City Plan- ning Office at the above address, prior to the dais of [he hearng, or contact Narda Wilson. Senior Planner, at (406) 751-1850 for additional infarmation. isrMornas A. Jentz Thomas R, Jentz Planning Director July 21, 2002 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 Pla=er DATE: July 22, 2002 RE: August 13, 2002 - Kalispell City Planning Board - Regular Meeting Attached with this memo is a copy of the public hearing notice, vicinity map and site plan or plat and application for items that will go before the planning board on the above referenced date: 1. Continued from the July meeting - Mark Owens, dba LBO Limited Partnership for an initial zoning designation upon annexation to the city of Kalispell an approximately 58 acres of property located at the northeast corner of Stillwater Road and West Reserve Drive. 2. Continued from the July meeting - Mark Owens dba Owl Corporation for preliminary plat approval of West View Estates, a 121-lot subdivision located on the northeast corner of Stillwater Road and West Reserve Drive. 3. Mountain View Plaza LP prelinainary plat for a 13 lot commercial subdivision located on the southeast corner of Hwy 93 and West Reserve Drive. This plat would create 13 commercial lots intended for development as part of the Mountain View Plaza / Home Depot commercial center on apprwdmately 37 acres. 4. Northridge Lutheran Church conditional use permit to allow the expansion of their existing church on property located in an R-3, Single Family Residential zoning district. The e:�dsting 9,263 square foot church would be expanded by and additional approximately 11,361 square feet for a total area of 20,624 square feet. 5. A zone change by Roy, Michaeli and Amanda Deulfer from R-3, Residential, a single family residential zoning district to B-2, General Business, a comm ercial district at the northwest corner of Three Mile Drive and North Meridian Road on approximately 1.69 acres. 6. ProLand LLC on behalf of Verizon Wireless and Flathead Industries for a conditional use permit to allow a temporary use for a cell on wheels (COVT) on property located in a B-5, Commercial / Industrial zoning. Providing Community Planning Assistance To: - City of Kalispell - City of Columbia Falls - City of Whitefish Referrals KPB 08/13/02 July 22, 2002 Page 2 7. A request by Debbie Willis for an initial zoning designation of R-4, Two Family Residential, upon annexation into the city of Kalispell on approximately one acre that lies on the south side of Sunnyside Drive and the west side of Denver Avenue. These items will go before the Site Development Review Committee in the Conference Roora of the Kalispell Building Dept. at the northwest corner of Third Avenue East and Third Street East on: July 25, 2002 - Initial comments August 1, 2002 - Comments Comments By: a August 2, 2002 so that they can be incorporated into the staff report These matters will go before the Kalispell City Planning Board on August 13, 2002 for public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to August 2, 2002 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852. If you need additional infbrraation 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 / John Sturzen, Fire Dept. Mike Baker, Parks and Rec Chris Kukulski, City Manager PJ. Sorenson, Zoning Administrator Jim Brown, Police Dept - Dick Amerman, City Engineer Jim Hansz, Director Public Works Susan Mayer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney Steve Herzog / Clay Colby - MDOT H:\...\AGREF\KALISPELL\KPBOS13REF.DOC Tri-City Planning Office 17 Second Street East — Suite 2 11 Kalispell, Montana 59901 July 8, 2002 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Debbie R. Willis 940 Sunnyside Drive Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval — 940 Sunnyside Drive, Kalispell Dear Debbie: This letter is in response to your request for waiver of preliminary plat approval a two lot subdivision located on the south side of Sunnyside Drive and west of Ashley Creek located at 940 Sunnyside Drive. It is also noted that the Denver Avenue right-of-way would be dedicated to the City of Kalispell as part of this subdivision which is an existing roadway. The property can be described as a portion of Assessors Tract 7B in Section 19, Township 28 North, Range 21 West, Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively n-Linor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That the driveway access be obtained from Denver Avenue and any needed improvements be made prior to final plat submittal. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district to upgrade Denver Avenue. 4. That a certificate of subdivision approval be obtained from the Montana Department of Environniental Quality. 5. This -waiver of preliminary plat approval is valid for three years and will expire on July 8, 2005. Providing Community Planning Assistance To: City of Columbia Falls - City of Kalispell - City of Whitefish Waiver of Preliminary Plat Debbie Willis July 8, 2002 Page 2 Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval, all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. I Sm'perely, 41�� t ' " Thomas R. Jend Planning Director LE=RS\WArVEPF\02\W1LL1S.DOC