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Developer requests annexation

| August 16, 2006 1:00 AM

JOHN STANG

The Daily Inter Lake

Proposed subdivision is outside Kalispell, within growth-policy area

Owners of a proposed 330-acre housing development more than two miles north of Kalispell want the city to annex their land.

Such a move would create a city island in rural Flathead County linked by water and sewer lines to Kalispell - a situation similar to the 55-acre Old School Station industrial park two miles south of the city.

The land's majority owner, Howard Mann, as well as Wayne Freeman of CTA Architects Engineers, briefed Kalispell's City Council on the proposed project Monday.

The 330 acres are at the southwest corner of the intersection of U.S. 93 and Church Drive with the southernmost point 2.2 miles north of West Reserve Drive, Kalispell's northern border.

The developers propose to build 600 homes in the next seven to 10 years, starting next spring. The homes would be a mix of high-end and affordable designs, plus townhouses. Almost 50 acres would be reserved for parks and open space.

The developers also want to build a small neighborhood commercial district next to the intersection when enough homes are occupied to justify that construction. Tentative plans call for a small grocery and possibly one or two restaurants, a salon and a video store.

"We'll restrict what can go in there," Freeman said.

The developers also plan to donate 2 1/2 acres to the city for a fire station to be built when enough homes are constructed to justify the facility.

At least in broad strokes, the proposal appears to follow Kalispell's recently adopted growth policy covering development between West Reserve Drive and a line roughly defined by Church Drive and Birch Grove Road.

Both the proposed subdivision and the city's growth policy call for mostly houses in that area with a small neighborhood commercial area at the intersection of Church Drive and U.S. 93. Also, the developers plan to have a 100- to 150-foot-wide buffer zone between U.S. 93 and any buildings - another action called for in Kalispell's growth policy.

Although the proposed subdivision is outside of Kalispell, it is within the growth policy area. Kalispell does not have any direct control over the area, but it owns the only sewer system that any development near the city can hook up too. Therefore, the city has some clout over development projects near Kalispell, especially if the developers want the city to annex their land.

The landowners will pay for extending city and sewer lines from Kalispell to the proposed subdivision.

Even though the developers will pay the full extension costs, they could be reimbursed by other developers who later hook into those utility lines, according to a city of Kalispell "latecomers" policy adopted in 2004.

Besides Howard Mann, the 330 acres are owned by Joni, Alfred and Claude Mann, and Ron and Brenda Profitt.

Plans are in the brainstorming stage to extend Church Drive east toward Birch Grove Road. If that happens, the tentative plans are to make Church Drive an underpass at U.S. 93 with the main highway having two cloverleaf ramps, plus acceleration and deceleration lanes. That's so north-south traffic on U.S. 93 won't have to slow down.

Also on Monday, the council:

. Told city staff to draft a graffiti removal law. Such a law would require property owners to remove graffiti from their buildings within a specific time. Graffiti left in place encourages other graffiti to be sprayed, Garner said.

Graffiti is showing up more frequently in 2006 than in recent years, Garner said. Police have identified three groups of taggers, but none of the graffiti is gang-related.

The city should provide cleaning materials to property owners who have to remove graffiti, Mayor Pam Kennedy said.

. Ordered the city's planning board to brainstorm recommendations on how barriers - such as steep hills, four-lane streets and rivers - can be used to shrink the current 300-foot buffer distance between new casinos and churches, parks and schools.

This matter surfaced last spring when the city sold the old Montana National Guard armory to a hotel-restaurant complex developer, who argued the venture needed a casino to recover the cost of a liquor license. Casinos are Montana's liquor-serving establishments' traditional way to offset the license costs. The proposed complex is less than 300 feet from Lions Park.

The city eventually agreed to allow the casino. In return, the developer promised measures to downplay its presence.

Meanwhile, the council told the planning board several weeks ago to look at the 300-foot-buffer requirement to see if it should be changed. The board recently decided that the hotel complex's problem was a rare one, and recommended not tinkering with the law.

On Monday, council members said the 300-foot-buffer issue could easily arise if a restaurant or nightspot wants to move into downtown Kalispell, and sent the issue back to the planning board.