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I1a. Cottage Gardens Annexation (Reso 5907) and Zoning (Ord 1818)Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisnell.com/plannine REPORT TO: Doug Russell, City Manage-N--)V, FROM: Jarod Nygren, Senior Planner SUBJECT: KA-18-07 — Cottage Gardens Annexation and Initial Zoning Request MEETING DATE: January 7, 2019 BACKGROUND: Bruce Wiederspiel is requesting permission to annex a 1-acre property into the City of Kalispell with an initial zoning of R-3 (Residential). The property is currently in the county and zoned county AG-80 (WO). The 1-acre property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Upon annexation by the city, the property will be served by city police, fire and have access to city sewer and water services. The initial city zoning classification was reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance and the itemized criteria described by 76-2-304, M.C.A. The subject property is located at 645 Three Mile Drive. The property can be legally described as Tract 1A in the SW4 and SE4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing December 11, 2018, to consider the annexation and initial zoning request. Staff presented staff report KA-18-07 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Council that the annexation and initial zoning request be granted. During the public comment portion of the hearing, a representative of the applicant spoke in favor of the request. There being no further public testimony, the public hearing was closed and a motion was presented to adopt staff report KA-18-07 as findings of fact and recommend to the Kalispell City Council that the property be annexed with an initial zoning of R-3. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 5907, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation Tract IA in the SW4 and SE4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1818, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Tract IA in the SW4 and SE4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana to City R-3 in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 5907 Ordinance 1818 December 11, 2018, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5907 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 ASSESSORS TRACT 1A IN THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS COTTAGE GARDENS ADDITION NO. 441; 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 Bruce Wiederspiel, the prospective owner of property located at 645 Three Mile Drive, requesting that the City of Kalispell annex the territory into the city; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-18-07, dated November 30, 2018; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Single Family Residential, on approximately 1.00 acre upon annexation into the City of Kalispell; and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. 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 Cottage Gardens Addition No. 441. SECTION 2. 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 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. 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 7TH DAY OF JANUARY, 2019. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1818 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 1A IN THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Bruce Wiederspiel, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-3, Urban Single Family Residential, on approximately 1.00 acre of land; and WHEREAS, the property is located at 645 Three Mile Drive; and WHEREAS, Bruce Wiederspiel's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-18-07, dated November 30, 2018, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-3, Urban Single Family Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Urban Single Family Residential, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy Plan -It 2035 and 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 KPD as set forth in Staff Report No. KA-18-07. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described above as R-3, Urban Single Family Residential, on approximately 1.00 acre of land. SECTION 2. 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 3. 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 AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 22ND DAY OF JANUARY, 2019. ATTEST: Mark Johnson Mayor Aimee Brunckhorst, CMC City Clerk KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING December 11, 2018 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were: Doug Kauffman — acting president for KZC-18-05, Rory Young — acting president for KA-18-07, Kurt Vomfell, Joshua Borgardt and Ronalee Skees. Chad Graham & George Giavasis were absent. Jarod Nygren, Tom Jentz and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Young seconded a motion to approve the minutes of the November 13, 2018 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. BOARD MEMBER SEATED Young recused himself; he is a representative for Kalispell North Town Center KZC-18-05 — KNTC ZONE CHANGE A request from the Stillwater Corporation to amend the City of Kalispell zoning map. The requested zone map amendment is located entirely within the Kalispell North Town Center Planned Unit Development (previously known as The Glacier Town Center PUD). STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Reports #KZC-18-05. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KZC-18-05 as findings of fact and recommend to the Kalispell City Council that 9.4 acres of land within Kalispell North Town Center Development currently zoned R-3 (residential) be zoned B-2 (general business) on the Kalispell Zoning Map. BOARD DISCUSSION None. PUBLIC HEARING Debbie Street —1400 Rose Crossing — concerned with public safety and increase in accidents that increased traffic on Rose Crossing might bring. Mike Fraser — 690 N Meridian #103 — concerned with overall traffic impact MOTION Skees moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-18-05 as findings of fact and recommend to the Kalispell City Council that 9.4 acres of land within Kalispell North Town Center Development currently zoned R-3 (Residential) be zoned B-2 (General Business) on the Kalispell Zoning Map. BOARD DISCUSSION Skees asked staff if there is anything we as a city can do on a county road like Rose Crossing to address safety concerns. Nygren reminded the board that the city has certain traffic standards that have to be met in order for applications to be reviewed so traffic safety and concerns are all being looked at. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Young re -seated. Kalispell City Planning Board Minutes of the meeting of December 11, 2018 Page I 1 BOARD MEMBER SEATED Kauffman recused himself; he is a representative for Bruce Wiederspiel. KA-18-07 — COTTAGE GARDENS Bruce Wiederspiel is requesting permission to annex a 1-acre property into the KPP-18-09 —COTTAGE GARDENS City of Kalispell with an initial zoning of R-3 and major subdivision approval for a 37-lot single-family subdivision. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Reports #KA-18-07 & KPP-18-09. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-18-07 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be R-3 (Residential). Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-18-09 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Cottage Gardens be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING Doug Peppmeier — 450 Corporate Dr. — representative for applicant offered to answer any questions and noted that the applicant agrees with the staff report. MOTION — KA-18-07 Vomfell moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-18-07 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be R 3 (Residential). BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION — KPP-18-09 Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-18-09 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Cottage Gardens be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Kauffman re -seated. OLD BUSINESS Nygren updated the board about the Downtown Urban Renewal Plan NEW BUSINESS Board member Ronalee Skees advised the board and staff that she will be absent for the January 2019 through the April 2019 meetings. The board agreed that a replacement would not need to be found. ADJOURNMENT The meeting adjourned at approximately 6:45pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, January 8, 2019 at 6:00 p.m. and is located in the Kalispell City Council Chambers, 201 151 Ave East. Chad Graham Kari Hernandez Kalispell City Planning Board Minutes of the meeting of December 11, 2018 Page 12 President APPROVED as submitted/amended: Recording Secretary Kalispell City Planning Board Minutes of the meeting of December 11, 2018 Page 13 COTTAGE GARDENS ANNEXATION AND INITIAL ZONING OF R-3 UPON ANNEXATION STAFF REPORT #KA-18-07 KALISPELL PLANNING DEPARTMENT November 30, 2018 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to annex 1-acre of land into city limits with an initial zoning designation of R-3. A public hearing has been scheduled before the planning board for December 11, 2018, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: Bruce Wiederspiel is requesting permission to annex a 1-acre property into the City of Kalispell with an initial zoning of R-3. The 1-acre property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Upon annexation by the city, the property will be served by city police, fire and have access to city sewer and water services. The initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance and the itemized criteria described by 76-2-304, M.C.A. A. Petitioner: Bruce Wiederspiel 2782 Columbia Falls Stage Road Columbia Falls, MT 59912 Technical Assistance: TDH Engineering 450 Corporate Drive, Suite 101 Kalispell, MT 59901 B. Location and Legal Description of Property: The property is located at 645 Three Mile Drive. The property can be legally described as Tract lA in the SW4 and SE4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The subject property is undeveloped farmland. The 1-acre property is under Flathead County jurisdiction and is part of the West Valley Zoning District, or West Valley Overlay (WO), which is currently zoned AG-80, Agricultural. The AG-80, Agricultural zoning has an 80-acre minimum lot size requirement. The purpose of the AG-80 Zoning District is to protect 1 Q E. F: G. H. and preserve agricultural land for the performance of a wide range of agricultural functions. It is intended to control the scattered intrusion of uses not compatible with an agricultural environment, including, but not limited to, residential development. Proposed Zoning: The proposed zoning for the subject property is City R-3 (Residential). The Kalispell Zoning Regulations state that the intent of the R-3 zoning district is "to provide areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." Size: The subject property is 1-acre. Adjacent Land Uses: North: Single-family residence and Spring Creek East: Single-family homes on large tracts and Spring Creek South: Single-family homes and Three Mile Drive West: Single-family residence (including townhouses) Adjacent Zoning: North: City R-3 and County SAG-5 East: County AG-S-WVO South: City R-3 West: City R-2 / PUD General Land Use Character: The area can be described as a transitional area with city residential development to the north, west and south of the project site. The residential densities vary greatly in the area as it continues to develop from rural residential and agriculture uses to urban residential uses. City annexations and subsequent residential development along Three Mile Drive has transitioned that corridor into a more urban land use. City subdivisions along Three Mile Drive include Mountain Vista, Spring Creek Estates, Cottonwood Park, Blue Heron, Empire Estates and Aspen Creek, which have all developed in close proximity of the proposed development. Aspen Knoll, Two Mile Tracts, Big Sky Homesites and Hillcrest Terrace are larger lot county residential subdivisions that have developed along Two Mile in close proximity to the proposed development to the south. The area clearly I. I. 1. has a residential demand based off of the land use pattern in the area and the proposed use would be considered a continuation of that pattern which has taken advantage of the increased services in the area, including water, sewer and the bypass. Utilities and Public Services: City water and sewer mains are both located within Mountain Vista Estates to the north and west. When developed, the developer will be required to pay the cost for the utility extensions. The design and sizing of water and sewer extensions will be reviewed and approved by the Kalispell Public Works Department prior to development of the site. Sewer: City of Kalispell Water: City of Kalispell Refuse: Private Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 1, West Valley Elementary Fire: City of Kalispell Police: City of Kalispell ANNEXATION EVALUATION Compliance with the growth policy: Two primary mechanisms for managing growth in the City of Kalispell exist which are to rely on redevelopment and infill within the current city limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. The City of Kalispell Growth Policy Plan -It 2035 contains the following goals that are relevant to this particular annexation request: Chapter 3, Community Growth and Design: Goal: Encourage housing types that provide housing for all income sectors and income levels within the community. Recommendation: Maintain a municipal annexation program in conjunction with the City of Kalispell water, sewer and storm drainage systems facility plan to address service to fringe developments. Chapter 9, Infrastructure and Public Services: 3 Goal: Make public water and sewer available to areas that are in close proximity to services as directed by the extension of services plan. Policy: Annexation to the City of Kalispell should be required when water and sewer services are extended to an unincorporated area. In addition, to the three cited goals, the city council adopted an annexation policy in 2011, with a corresponding map as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the planning board, the council, and the development community direction when property owners outside of the city limits are requesting municipal services and annexation. The property proposed for annexation falls inside the city's direct annexation boundary. 2. Municipal Services: Municipal water and sewer mains are located within Mountain Vista Estates to the north and west and can be readily extended by the applicant to serve the site. The applicant has submitted a Notice of Withdrawal from Rural Fire District for the 1-acre portion requested to be annexed. At the time of annexation, the property will be served by the Kalispell Fire Department. The site lies within 3.4 miles of fire station 62 and is readily serviceable by the city fire, police and ambulance services all of which now respond to the immediately adjacent neighborhoods within the city. Given the level of existing services available to and in place, annexation of the property will not overburden the municipal services in place. 3. Distance from current city limits: The 1-acre portion of the property requesting to be annexed borders city limits on all sides. 4. Cost of services: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. If annexed, the property owner will be extending and connecting to city sewer and water at the time of development. 0 A cost of services analysis has been prepared for this property. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis - Initial Annexation. Currently, the subject property is vacant land and there will be no services provided to the property. Based on the city's taxation and assessment policies, the property will generate $164.48 in taxes and $960.92 in assessments. Based on this analysis, the annexation will be gain to the city of approximately $1,125.40. II. INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county AG-80 (WVO). The applicants are requesting city R-3. The Kalispell Zoning Regulations state that the intent of the R-3 Zoning District is "to provide areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." 1. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. As stated above, the R-3 Zoning Districts would typically be found in areas designated as Suburban Residential on the Kalispell Growth Policy Future Land Use Map. Therefore, the requested R-3 Zoning District complies with the growth policy, which anticipates the R-3 Zone. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zone will have minimal impact to the motorized and non - motorized transportation system as only 1-acre is being rezoned. As a whole, the area being rezoned will be developed in conjunction with the adjacent properties already within the city. At the time development takes place, a traffic study will be prepared analyzing the impacts of any increased traffic 5 associated with the development. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police and fire protection, water, and sewer service are available to the area. 4. Will the requested zone promote the public health, safety and general welfare? The requested zoning classification of R-3 will promote the health and general welfare by restricting land uses. The land uses permitted by the requested zone is compatible with the adjoining properties. S. Will the requested zone provide for adequate light and air? Setback, height, and lot 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 promote compatible urban growth? The requested R-3 Zoning District allows the property to blend into the urban development neighboring the property to the north, south and west. The requested zoning district is compatible with the urban land use pattern that is establishing in this area, which consists of urban single-family development. 7. 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 to the property. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed R-3 Zoning District is consistent with the surrounding urban development of the area. The R-3 Zone gives due consideration of the suitability of this property for the permitted uses in the zoning district. 9. Does the requested zone give reasonable consideration to the character of the district? The proposed zoning is consistent with the character of the area, which is transitioning into an urban area with city services. Lo 10. Will the requested zone avoid undue concentration of people? The requested zone is consistent with the growth policy of Suburban Residential and surrounding city zoning district, which is also R-3. The R-3 Zoning District has a maximum density of 6,000 square feet per unit, which is an anticipated amount of density within this area of the city. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-3 Zoning District will promote compatible and like uses on this property as are found on other properties in the area. Additionally, city standards and city services will insure that there is high quality development. This in turn will maintain the value of buildings and homes in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban -scale residential development should be encouraged in areas where services and facilities are available. In this case water and sewer lines are located immediately north and west of the property. The proposed zoning is consistent with the growth policy future land use designation and is compatible with current city zoning in the immediate area. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-18-07 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be R-3 (Residential). 7 Authentisign ID: F9FFBCD7-DF2D4C8F-A779-8F1DBF1D2AB1 PLANNING FOR THE FUTURE M0N*AA Planning Department 201 1s7 Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannigg PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: BRUCE R. WIEDERSPIEL & DENNIS M. WAGAR MAIL ADDRESS: 2782 COLUMBIA FALLS STAGE ROAD CITY/STATE/ZIP: COLUMBIA FALLS, MT 59912 PHONE INTEREST IN PROPERTY: PURCHASERS (406) 892-1118 Other Parties of Interest to be Notified: PARTIES OF INTEREST: DOUG PEPPMEIER, TDH ENGINEERING MAIL ADDRESS: 450 CORPORATE DRIVE, STE #101 CITY/STATE/ZIP: KALISPELL, MT PHONE: (406) 751-5246 INTEREST IN PROPERTY: TECHNICAL ASSISTANCE PLEASE COMPLETE THE FOLLOWING: Address of the property: 645 THREE MILE DRIVE Legal Description: TRACT 1A OF SEC 2, T28N, R22W AS SHOWN IN BOOK 506 PAGE 821 RECORDS OF FLATHEAD COUNTY (Lot and Block of Subdivision; Tract #) SE1/4 SW1/4 OF SECTION 2, T28N, R22W (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): 1.0 Current estimated market value $50,000 at 50% build out at 100% build out $250, 000 Is there a Rural Fire Department RSID or Bond on this property Yes If yes remaining balance is $ 125,000 No XX The present zoning of the above property is: FLATHEAD COUNTY - AG-80 WVO CITY OF KALISPELL - R-3 The proposed zoning of the above property is: State the changed or changing conditions that make the proposed amendment necessary: TRACT IS A PORTION OF A PROPOSED DEVELOPMENT REQUIRES A ZONE CHANGE FOR DEVELOPMENT. 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 Kalispell Planning staff to be present on the property for routine inspection during the annexation process. Aut1 enfiSIGt- Xaubj a Sandowen, memim 10/28/2018 pp -Icant) (Date) i Authentisign ID: F9FFBCD7-DF2D-4C8F-A779-8F1 DBF1 MAW APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS 1. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning classifications. 2. Completed application form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an Exhibit A, legal description of the property. 4. Application fee based on the schedule below and made payable to the City of Kalispell. Fee Schedule: Annexation (includes initial zoning) $250 plus $20/acre 5. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. 2 Authentisign ID: F9FFBCD7-DF2D-4CBF-A779-6F1DBFi D2A81 Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Am ekal-ion Service Plait for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as,t6 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 VJI-T.'q- VAL4.,%<,Y 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. Authentisign ID: F9FFBCD7-DF2D-4C8F-A779-6F1DBF1D2AB1 This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. 0Vf4AAE00", Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this ! , day of rt-"Z-- , JVT, before me, the undersigned, a Notary Public for the State of Montana, personally appeared tz. kjrezrt (CL- 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my No ry Seal the day and year STA . ss County of Flathead County "-� A L Notary Public, State of Montana Printed Name Ook-�A(-� J V—A-Ir "4-t Residing at L4 - My Commission expires: nqjjjjA0Za On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: 2 Annexation Description A tract, piece or parcel of land situate, lying and being in the SE 1/4 SE 1/4 SW 1/4 of Section two (2), T 28 N - R 22 W., P.M.M., Flathead County, Montana and more particularly described as follows to wit: Commencing at the southeast corner of the southwest quarter of said section two (2); thence S 89' 53' W., and along the southerly boundary line of the southwest quarter, 445.5 feet to a point; thence N 1 ° 00' E., and parallel to the westerly boundary line of the SE 1/4 SW 1/4, 70.0 feet to a point on the northerly boundary line of Montana Secondary No. 424 and the true point of beginning of the tract of land being described; thence N 1 °00' E., and parallel to the westerly boundary line of the SE 1/4 SW 1/4 208.7 feet to a point; thence S 89' 53' W., and parallel to the southerly boundary line of the SE 1/4 SW 1/4, 208.7 feet to a point on the westerly boundary line of the SE 1/4, SE %4, SW 1/4 of section 2; thence S 1° 00' W., and along the westerly boundary line of the SE 1/4 SE 1/4, SW 1/4 , 208.7 feet to a point on the northerly boundary line of said Secondary Highway No. 424; thence N89° 53' E., and along the northerly boundary line of said Highway, 208.7 feet to the true point of beginning of the tract of land being described, and containing approximately, 1.0 acres of land, more or less as shown on Book 506 page 821, Records of Flathead County, Montana.