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H2. Reso 5923 - Stutzman Annexation and Ord 1827 - ZoningPLANNING FOR THE FLrrURE REPORT TO: FROM: SUBJECT: MEETING DATE: MONT A Doug Russell, City Manager Jarod Nygren, Senior Planner Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin,a KA-19-01 — Stutzman Annexation and Initial Zoning Request June 3, 2019 BACKGROUND: A request from Timothy and Naomi Stutzman to annex the southerly 2.5-acre portion of a larger 2.8-acre parcel into the city and zone the land R-4 (Residential) upon annexation. Currently, the northern .3-acre portion of the property is within the city and zoned city R-1. The southern 2.5-acre portion of the property is within the county and zoned county R-1. Upon annexation, the entire property is proposed to be zoned city R-4. The 2.5-acre portion of the larger 2.8-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 property is currently developed with accessory structures; however, a majority of the property is undeveloped grasslands southerly to Ashley Creek. The property is located at 724 Sunnyside Drive. The property to be annexed can be described as Tract 7ABB in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held duly noticed public hearings on May 14, and May 22, 2019, to consider the annexation and initial zoning request. Staff presented staff report KA-19-01 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. There being no public testimony, the public hearing was closed and a motion was presented to adopt staff report KA-19-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed with an initial zoning of R-4. 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 5923, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation Tract 7ABB in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1827, 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 7ABB in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.to City R-4 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 5923 Ordinance 1827 May 14, 2019 and May 22, 2019, 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. 5923 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS THE SOUTHERLY 2.5-ACRES OF TRACT 7ABB IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS STUTZMAN ADDITION NO. 442, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell received a petition from Timothy and Naomi Stutzman, the owners of the above -referenced property, requesting 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-19-01, dated May 6, 2019; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City R-4, Residential, upon annexation into the City of Kalispell; and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property described as the southerly 2.5-acres of Tract 7ABB in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, be annexed to the City of Kalispell and the boundary of the City is altered to so provide. 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 3RD DAY OF JUNE, 2019. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1827 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 TRACT 7ABB IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-1, RESIDENTIAL, AND COUNTY R-1, RESIDENTIAL) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Timothy and Naomi Stutzman, the owners 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-4, on approximately 2.8 acres of land; and WHEREAS, the property is located at 724 Sunnyside Drive; and WHEREAS, the Stutzmans' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-19-01, dated May 6, 2019, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, 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-19-01. 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-4, Residential, on approximately 2.8 acres 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 17TH DAY OF JUKE, 2019. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING May 14, 2019 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 Chad Graham, Doug Kauffman, Kurt Vomfell, Joshua. Borgardt, George Giavasis & Ronalee Skees. Rory Young was absent. Jarod Nygren, Tom Jentz and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Giavasis moved and Vomfell seconded a motion to approve the minutes of the April 9, 2019 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. SPECIAL COMMENT FROM Graham advised that staff would be presenting the staff reports for each agenda BOARD PRESIDENT CHAD item and that public comment will be taken; however at the end of public GRAHAM comment both agenda items will be continued to a special meeting scheduled for Wednesday, May 22, 2019 at 6pm in the council chambers. KPP-19-01— SNOWLINE File # KPP-19-01 — A request from the Montana Department of Natural SUBDIVISION PRELIMINARY Resources for a major subdivision to be known as Snowline. The request would PLAT subdivide an 8.3-acre piece remaining tract land into 1 lot. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report #KPP-19-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission continue staff report #KPP-19-01 to a special meeting on May 22, 2019 because the adjoining landowners were not notified within the required 15- day period. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION Kauffman moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission continue staff report #KPP-19-01 to a special meeting on May 22, 2019 because the adjoining landowners were not notified within the required 15-day period. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a vote of acclamation. BOARD MEMBER SEATED Kauffman recused himself because he has family ties with the Stutzman Annexation. KA-19-01— STUTZMAN File #KA-19-01 — A request from Timothy and Naomi Stutzman to annex a 2.8- ANNEXATION acre parcel in the city and zone the land R-4 (Residential) upon annexation. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report #KA-19-01. Kalispell City Planning Board Minutes of the meeting of May 14, 2019 Pagel Staff recommends that the Kalispell City Planning Board and Zoning Commission continue staff report #KA-19-01 to a special meeting on May 22, 2019 because the adjoining landowners were not notified within the required 15- day period. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission continue staff report #KA-19-01 to a special meeting on May 22, 2019 because the adjoining landowners were not notified within the required 15-day period. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a vote of acclamation. BOARD MEMBER RE -SEATED Kauffman re -seated. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT The meeting adjourned at approximately 6:1Opm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, June 11, 2019 at 6:00 p.m. and is located in the Kalispell City Council Chambers, 201 Pt Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 14, 2019 Page12 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING May 22, 2019 CALL TO ORDER AND ROLL CALL The special meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Kurt Vomfell, Joshua. Borgardt, George Giavasis, Ronalee Skees & Rory Young. Jarod Nygren represented the Kalispell Planning Department. PUBLIC COMMENT None. KPP-19-01— SNOWLINE File # KPP-19-01 — A request from the Montana Department of Natural SUBDIVISION PRELIMINARY Resources for a major subdivision to be known as Snowline. The request would PLAT subdivide an 8.3-acre piece remaining tract land into 1 lot. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report #KPP-19-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-19-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Snowline be approved, subject to the conditions listed in the staff report. PUBLIC HEARING (CONTINUED Bruce Lutz — Representing the applicant and is there to answer any questions the FROM MAY 14TH) board has in regards to the subdivision. BOARD DISCUSSION Young asked if the existing PUD would stay in place; Nygren advised the PUD would stay as is w/ no changes. MOTION Giavasis moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-19-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Treeline Center 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 SEATED Kauffman recused himself because he has family ties with the Stutzman Annexation. KA-19-01— STUTZMAN File #KA-19-01 — A request from Timothy and Naomi Stutzman to annex a 2.8- ANNEXATION acre parcel in the city and zone the land R-4 (Residential) upon annexation. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report #KA-19-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city R-4 (Residential). PUBLIC HEARING (CONTINUED None. FROM MAY 14TH BOARD DISCUSSION None. Kalispell City Planning Board Minutes of the meeting of May 22, 2019 Pagel MOTION Skees moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city R-4 (Residential). BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Kauffman re -seated. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT The meeting adjourned at approximately 6:1 1pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, June 11, 2019 at 6:00 p.m. and is located in the Kalispell City Council Chambers, 201 1st Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 22, 2019 Page12 STUTZMAN ANNEXATION ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION STAFF REPORT #KA-19-01 KALISPELL PLANNING DEPARTMENT MAY 6, 2019 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Timothy and Naomi Stutzman to annex land into city limits with an initial zoning designation of R-4 upon annexation. A public hearing has been scheduled before the planning board for May 22, 2019, 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 A request from Timothy and Naomi Stutzman to annex the southerly 2.5-acre portion of a larger 2.8-acre parcel into the city and zone the land R-4 (Residential) upon annexation. Currently, the northern .3-acre portion of the property is within the city and zoned city R-1. The southern 2.5-acre portion of the property is within the county and zoned county R-1. Historically, city policy once allowed for portions of properties fronting city right-of-ways to be annexed without annexing the remainder of the parcel. Reasoning for this policy was because if the owner had no intentions of developing the remaining portion of the property, they were not required to annex it in for tax purposes. The owners of the parcel would like to annex the remainder of the parcel into the city for potential development with city services. In addition to zoning the 2.5-acre portion of the property R-4 upon annexation, staff also recommends that the northern .3-acre portion of the property be rezoned from city R-1 to R-4 so that the entire property shares the same zoning. Water and Sanitary sewer service are in the vicinity of the property and upon annexation extensions can be constructed to serve the entire property when development is requested. This report evaluates the application in accordance with state and local regulations. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2- 4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 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. A. Petitioner / Owner: Timothy and Naomi Stutzman 3520 Lower Valley Road Kalispell, MT 59901 1 B. Location and Legal Description of Properties: The property is located at 724 Sunnyside Drive. The property to be annexed with an initial zoning of R-4 can be described as the southerly 2.5-acres of Tract 7ABB in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The portion of the property to be rezoned from city R-1 to city R-4 can be described as the northerly .3-acres of Tract 7ABB in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The subject property is currently developed with accessory structures; however, a majority of the property is undeveloped grasslands back to Ashley Creek. The zoning on the area to be annexed is county R-1 (Suburban Residential). This district is defined as "A district to accommodate estate -type development. These areas would normally be located in rural areas away from concentrated urban development, typically not served by water or sewer services, or in areas where it is desirable to permit only low -density development (e.g. extreme topography, areas adjacent to floodplains, airport runway alignment extensions) ." The northern portion of the property within city limits is zoned city R-1 (Residential). The R-1 Zoning District is defined as "A transitional district intended to provide for estate -type residential development and for the performance of limited agriculture activities. This district would normally be located in transitional area on the fringes of the city and serve as a buffer between urban and rural/agriculture uses. Lots within this zoning district may have city municipal water and/or sewer. This zoning district would typically be found in areas designated as suburban residential on the Kalispell Growth Policy Future Land Use Map." D. Proposed Zoning: The proposed zone for the entire 2.8-acre property is city R-4 (Residential). The R-4 Zoning District is defined as "Comprised of primarily single-family and duplex dwellings Development within the district would require all public utilities, and community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." The R-4 Zoning District has a minimum lot size requirement of 6,000 square feet and minimum width of 50 feet. E. Size: The subject property is 2.8 acres. F. Adjacent Zoning: North: City R-4 and County R-1 East: City R-1 and County R-1 West: City R-1 and County R-1 South: City R-4 2 G. Adjacent Land Uses: North: Single-family East: Single-family West: Single-family South: Vacant land and Ashley Creek H. General Land Use Character: The general land use category of the area can be described as a primarily single-family residential. Much of the area directly to the south of the subject property is located within FEMA Flood Zone adjacent to Ashley Creek. This area will likely not be developed. I. Utilities and Public Services: City water and sewer mains are both located within Sunnyside Drive bordering the property to the north. When annexed, 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 if annexed Water: City of Kalispell if annexed Refuse: City of Kalispell if annexed Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 Fire: City of Kalispell if annexed Police: City of Kalispell if annexed I. ANNEXATION EVALUATION 1. 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. Chapter 9, Public Infrastructure and Services, contains the following goal and policy that are relevant to this particular annexation request: 3 Gnal 1. Make public water and sewer available to areas that are in close proximity to services. Policy: 2. Annexation to the City of Kalispell should be required when water and sewer services are extended to an unincorporated area to provide services for new development. In addition, to this 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 Sunnyside Drive bordering the property on the north and can be readily extended by the applicant to serve the site. The site is currently protected by the Smith Valley Rural Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from Rural Fire District. At the time of annexation, the property will be served by the Kalispell Fire Department. The site lies approximately 11/4 miles from fire station 61 and is readily serviceable by the city fire, police and ambulance services, all of which now respond to the adjacent neighborhoods within the City of Kalispell. 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 project site is currently partially within city limits and adjacent city limits on the north, west, south and east, thus annexation will serve to be a logical expansion of the existing city limits. 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 .19 development policies, regulations or ordinances that may apply. If annexed, the property owner will be extending and connecting to city sewer. 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. As the property is vacant, a portion of the site is already inside the city and paying city special assessments and taxes and a development plan for the remainder of the property has not been developed, the total cost of services is estimated to be $0 at this time. Based on the city's taxation and assessment policies, the property will generate approximately $3,120 in total annual revenue to the city ($667 in taxes and $2,453 in assessments). Based on this analysis, the annexation will be net gain to the city of approximately $3,120. 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 city R-1 and county R-1. The applicants are requesting city R-4. The Kalispell Zoning Regulations state that the R-4 Zoning District is "Comprised of primarily single-family and duplex dwellings. Development within the district would require all public utilities, and community facilities. This zoning district would typically be found in areas designated as 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 Urban Residential. As stated above, the R-4 Zoning District would typically be found in areas designated as Urban Residential on the Kalispell Growth Policy Future Land Use Map. Therefore, the requested R- 4 Zoning District complies with the growth policy which anticipates the R- 4 Zoning District within the Urban Residential land use category. 5 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zone will have a small effect on motorized and non -motorized transportation systems if the property is developed, as the R-4 Zoning District allows for higher density than the current R-1 Zoning District. Although a small increase in traffic would be anticipated, it is not anticipated the development of the site will negatively impact the transportation system. Any development of the property that creates 300 or more vehicle trip per day would require a traffic impact study. The traffic study evaluates the impacts the development has on the traffic system and indicates mitigation necessary to maintain acceptable levels of service. 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 will promote the health and general welfare by restricting land uses to those that would be 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-4 Zoning District allows the property to blend into the urban development surrounding the property. This zoning district maintains and is compatible with the established land use pattern in this area which is a mixture of urban single-family residential development and larger lot county development that is slowly transitioning to more urban standards. 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. The property is currently undeveloped. Upon annexation it will not require any rol city additional services. The provision of public services will be defined when a development proposal is crafted for the property. 8. 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 urban development of the area. The R-4 Zone also 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 has developed to an urban standard. 10. Will the requested zone avoid undue concentration of people? The requested zone is consistent with the growth policy of Urban Residential and surrounding city zoning district, which is also R-4. The R-4 Zoning District has a maximum density of 3,000 square feet per unit (for duplex/townhouse), 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-4 Zoning District 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? 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 of the property. The proposed zoning is consistent with the growth policy future land use designation of Urban Residential and is compatible with the zoning in the area. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city R-4 (Residential). 7 commercial lots to be annexed: Iuare foot per lot: market value of properties to be annexed: 108,900 $2,000,000 F SERVICES UNDEVELOPED ACRES DEVELOPED ACRES COST/ACRE TOTAL FY18 budget $2,923,815) 3 0.00 ($107.37) $0.00 e (FY18 budget $4,890,061) 3 0.00 ($173.33) $0.00 oral Gov't Services (FY budget i1,138) 3 0.00 ($167.50) $0.00 Mal $0.00 /ICE NO. OF UNITS COST/UNIT TOTAL Is (Lineal feet of road to be maintained) 0.00 ($5.05) $0.00 r (based on number of ERUs) 0.00 ($185.51) $0.00 �r (based on number of ERUs) 0.00 ($168.51) $0.00 ewater Treatment (based on number of ERUs) 0.00 ($227.38) $0.00 nwater 0.00 ($67.97) $0.00 Mal $0.00 \L ANTICIPATED COST OF SERVICE _ $0.00 'ATED CITY ASSESSMENT REVENUE GENERATED square foot to be annexed: 108,900 )er of lots: 1 SSMENT AVE SQ FT ASSESSMENT TOTAL n sewer assessment (Capped at $250.9): 108,900 0.00288 $ 250.90 �t maintenance assessment (capped at $1,378): 108,900 0.01582 $ 1,722.80 n forestry assessment (capped $300 per lot): 108,900 0.00171 $ 300.00 maintenance assessment(Res. 5733)(Ord. 1696): 108,900 0.00165 $ 179.69 ige annual water and sewer usage charge $ - \L ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = $ 2,453.38 ✓ENUE 3sed value per property: ########### NO. OF UNITS PROPERTY VALUE TOTAL assessed value: 1 $ 100,000.00 $ 100,000.00 TAXABLE MARKET VALUE REAL ESTATE TAX TAXABLE VALUE taxable value: $ 100,000.00 0.0266 $ 2,660.00 MILLS LEVIED TOTAL tax revenue based on 713.7 mill levy: 0.7137 $ 1,898.44 \L CITY TAX REVENUE (based on 205.6 mill levy) 1 $666.60 FEES UNIT QUANTITY COST PER UNIT Sewer Impact Fee: ERU 0 $ 5,757.00 $0.00 Water Impact Fee: ERU 0 $ 6,418.00 $0.00 Storm Impact Fee: ERU 0 $ 1,121.00 $0.00 Police Impact Fee: Comm. Sq. Footage 0 $ 16.000 $0.00 Fire Impact Fee: Comm. Sq. Footage 0 $ 350.00 $0.00 Project Impact Fee = $0.00 kNTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) 1$3,119.98 Planning Department 201 15f Avenue East Kalispell, MT 59901 RECEIVED Phone: (406) 758-7940 Fax: (406) 758-7739 APR O 1, 2019 w` w.kalis ell.eoml lannin VAINFIL,"M &PA MENT PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: �[ C. , MAIL, ADDRESS: L" '11", 0,J CITY/STATE/ZIP: INTEREST IN PROP Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: CITY/STATE/ZIP: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the property: 71M 514ytnus PHONE: 1106 `,�6 / PHONE: Legal Description:cf /1456 (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach Land in project (ac): _c2, � a cues Current estimated market value at 100%build out and bounds as Exhibit A) at 50% build out Is there a Rural Fire Department RSID or Bond on this property Yes No� If yes remaining balance is $ The present zoning of the above property is: The proposed zoning of the above property is: State the changed or changing conditions that make the proposed amendment necessary: _. I ,, . N rn _i / 1 / 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. (Applicant) (Date) 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 undersi;ned 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 14luriicipal 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 s.ARural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; nd 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. bi the event the property is not irnniediately 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. 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. 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 3'4 day of 6Z bV%' t , 2011 before me, the undersigned, a Notary Public for the State of Montana, personally appeared TT.- G. 5i known to me to be the person whose name is subscribed to th 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 iso NOTARY PUBLIC for the No��RrR[ ilk State of Montana Residing at Kalispell, Montana My Commission Expires July 244 202R STATE OF MONTANA ) ss County of Flathead County Notary Public, ate of Mo Printed Name Residing at My Commission expires: i On this day of ��, before me, the undersigned, a Notary Public for the State of Montana, personally appeared l�t�a R&1 Zk�� 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 fast above written. C. F" Go �14 E COaILYN EVENSON Notary Public, State of, Moritamm NOTARY PUBLIC for the f �t)TARrq� � State of Montana Printed Name h SEAL Residing at Kalispell, Residing at� Mohtana ..•t�'� My Commlian oxpir" My Commission expires: dins' 14, 261