Schwager MaterialsPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
MON ANA
Doug Russell, City Manager
Jarod Nygren, Planning Director
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planninE
KA-19-04 — Schwager Annexation and Initial Zoning Request
January 6, 2020
BACKGROUND: A request from Mark Schwager to annex 10-acres of land into the city and zone
the land City R-2 (Residential) upon annexation. The subject property is currently within the
county and zoned county SAG-10. The property is undeveloped grasslands and no development
is proposed at this time. The property will be annexed under the provisions of Sections 7-2-4601
through 7-2-4610, M.C.A., Annexation by Petition. Water and Sanitary sewer service are in the
vicinity of the property and upon annexation extensions can be constructed to serve the property.
The property is located at 155 Tronstad Road. The property to be annexed can be legally described as
Parcel 3 of COS 1500 in the Section 18, Township 29 North, Range 22 West, P.M.M., Flathead
County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on December 10, 2019, to consider
the annexation and initial zoning request. Staff presented staff report KA-19-04 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-19-04 as findings of fact and recommend to the Kalispell City Council that the
property be annexed with an initial zoning of R-2. 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
5958, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including
therein as an annexation Parcel 3 of COS 1500 in the Section 18, Township 29 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 1834,
an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance
1677, by zoning certain real property described as Parcel 3 of COS 1500 in the Section 18, Township
29 North, Range 22 West, P.M.M., Flathead County, Montana to City R-2 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 5958
Ordinance 1834
December 10, 2019, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
Public Comment
Aimee Brunckhorst, Kalispell City Clerk
Retum to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5958
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 PARCEL 3 OF CERTIFICATE OF SURVEY 1500 IN
SECTION 18, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS SCHWAGER ADDITION NO. 444, 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 Mark Schwager, the owner 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-19-04, dated December 10, 2019; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City R-2, 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 Parcel 3 of COS 1500 in Section 18,
Township 29 North, Range 22 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 6TH DAY OF JANUARY, 2020.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1834
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 PARCEL 3 OF
CERTIFICATE OF SURVEY 1500 IN SECTION 18, TOWNSHIP 29 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY
SAG-10) TO CITY R-2 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Mark Schwager, 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-2, on approximately 10 acres of land; and
WHEREAS, the property is located at 155 Tronstad Road; and
WHEREAS, Schwager's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-19-04, dated December 10, 2019, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-2, Residential, as requested by the petition;
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, 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-19-04.
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-2, Residential, on
approximately 10 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 21 ST DAY OF JANUARY, 2020.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMIVIISSION
NIINUTES OF REGULAR MEETING
December 10, 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, Kurt Vomfell, Joshua Borgardt, Rory Young, Doug
Kauffman and Ronalee Skees. George Giavasis was absent. Jarod
Nygren represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Skees moved and Vomfell seconded a motion to approve the minutes of
the November 12, 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.
KA-19-04
File# KA-19-04 — A request from Mark Schwager to annex 10-acres of
SCHWAGER ANNEXATION
land into the city and zone the land City R-2 (Residential) upon
annexation. The subject property is currently within the county and
zoned county SAG-10. The property is undeveloped grasslands and no
development is proposed at this time.
STAFF REPORT
Jarod Nygren representing the Kalispell Planning Department reviewed
Staff Report 4KA-19-04.
Nygren advised the board that staff had received a public comment letter
late this afternoon. It is the only public comment that has been received
so far. A copy was given to the board prior to the meeting.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-19-04 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-2 (Residential).
BOARD DISCUSSION
Young asked if there was already a sewer and water extension under
Highway 93. Nygren confirmed that there is. Young asked to see where
this property is in correlation to Eagle Valley Ranch, a subdivision about
a half a mile north. Nygren showed the board via Google Maps where it
is located as well as where it falls within the annexation boundary.
Nygren advised the board that there has been discussion with other
nearby properties about annexing into the city as well. Graham feels this
annexation makes sense because it is in the annexation boundary and it is
something the city has planned for.
PUBLIC HEARING
None.
MOTION
Kauffman moved and Skees seconded a motion that the Kalispell City Planning
Board and Zoning Commission adopt staff report #KA-19-04 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-2 (Residential).
Kalispell City Planning Board
Minutes of the meeting of December 10, 2019
Pagel
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
Nygren updated the board on upcoming City Council Meetings.
NEW BUSINESS
Tom Jentz is officially retired.
ADJOURNMENT
The meeting adjourned at approximately 6:58pm.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be on Tuesday,
January 14, 2020 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 December 10, 2019
Page12
SCHWAGER ANNEXATION
ANNEXATION AND INITIAL ZONING OF R-2 UPON ANNEXATION
STAFF REPORT #KA-19-04
KALISPELL PLANNING DEPARTMENT
DECEMBER 10, 2019
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from Mark Schwager to annex 10-acres into the city limits with an initial zoning designation of R-
2 upon annexation. A public hearing has been scheduled before the planning board for December
10, 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 Mark Schwager to annex 10-acres of land into the city and zone the land City R-2
(Residential) upon annexation. The subject property is currently within the county and
zoned county SAG-10. The property is undeveloped grasslands and no development is proposed
at this time. Water and Sanitary sewer service are in the vicinity of the property and upon
annexation extensions can be constructed to serve the property.
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: Mark Schwager
P.O. Box 7635
Kalispell, MT 59904
B. Location and Legal Description of Properties:
The property is located at 155 Tronstad Road. The property to be annexed can be legally
described as Parcel 3 of COS 1500 in the Section 18, Township 29 North, Range 22 West,
P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning:
The subject property is undeveloped grasslands. The zoning of the area to be annexed is
county SAG-10. The SAG-10 Zoning District is intended to "provide and preserve
agricultural functions and to provide a buffer between urban and unlimited agricultural uses,
encouraging separation of such uses in areas where potential conflict of uses will be
minimized, and to provide areas of estate -type residential development."
D. Proposed Zoning:
The proposed zoning is city R-2 (Residential). The Kalispell Zoning Regulations state that
the intent of the R-2 Zoning District is "to provide adequate lot areas for lower density
residential development; should have good thoroughfare access, and be in proximity to
neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will
normally require all public utilities. This zoning district would typically be found in areas
designated as suburban residential on the Kalispell Growth Policy Future Land Use Map."
E. Size:
The subject property is 10 acres.
F. Adjacent Zoning:
North: County SAG-10
East: County SAG-5
West: County SAG-10
South: County SAG-10
G. Adjacent Land Uses:
North:
Well house
East:
Single-family and farmland
West:
Mild Fence Company and Single-family
South:
Single-family
H. General Land Use Character:
The general land use category of the area can be described as large tract County residential and
commercial development with some intermittent farmland. The commercial development is
located along U.S. 93 North with the residential development primarily located off of the
highway. Although a majority of the land in the vicinity is tract land there has also been a few
county residential subdivisions in the area that has set the stage for future residential
development.
I. Utilities and Public Services:
City water and sewer mains are both located within Tronstad Road just west of the subject
property. When annexed, the developer will be required to pay the cost for the utility
extensions to the property. The design of water and sewer extensions will be reviewed and
approved by the Kalispell Public Works Department prior to development.
Sewer:
City of Kalispell when developed
Water:
City of Kalispell when developed
Refuse:
Private
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwestern Energy
2
Telephone: CenturyLink
Schools: School District 5, Edgerton Elementary
Fire: City of Kalispell if annexed
Police: City of Kalispell if annexed
I. ANNEXATION EVALUATION
Compliance with the growth polio
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:
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:
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 Tronstad Road a short distance west
of the subject property and can be readily extended by the applicant to serve the site. The
site is currently protected by the West Valley Kalispell 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 3 miles from fire station 62 and is readily
serviceable by the city fire, police and ambulance services, all of which now respond to the
neighboring Silverbrook development 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 ci . limits:
The subject property is 850 feet east from city limits (Silverbrook) and within the city
annexation policy boundary, 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
development policies, regulations or ordinances that may apply.
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. The property is currently undeveloped grasslands so the cost
of services is estimated to be $0 per year. Based on the city's taxation and assessment
policies, the property will generate approximately $3,929 per year in total annual revenue
to the city ($1,641 in taxes and $2,288 in assessments).
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 SAG-10. The applicants are requesting city R-2. The Kalispell Zoning
Regulations state that the R-2 Zoning District is "to provide adequate lot areas for lower
density residential development; should have good thoroughfare access, and be in proximity
to neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will
normally require all public utilities. This zoning district would typically be found in areas
designated as Suburban Residential on the Kalispell Growth Policy Future Land Use Map."
Does the requested zone comply with the growth polices
The Kalispell Growth Policy Future Land Use Map designates the subject property as
Suburban Residential. As mentioned above, the R-2 Zoning District would typically be
found in areas designated as Suburban Residential on the Kalispell Growth Policy Future
Land Use Map, thus the proposed zoning district of R-2 is anticipated and the appropriate
designation for the subject property.
.19
2. Will the requested zone have an effect on motorized and non -motorized transportation
systems?
The requested zone will have a minor effect on the motorized and non -motorized traffic, as
the city R-2 Zoning District allows for higher density than the current county SAG-10 Zone.
Although a small increase in traffic would be anticipated, it is not anticipated the development
of the site will negatively impact the transportation system as only a few additional single-
family lots could be created.
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-2 will promote the health and general welfare by
restricting land uses to those that would be compatible with the adjoining properties.
5. 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 R-2 Zoning District maintains and is compatible with the established land use pattern in
this area, which is primarily large -lot single-family residential 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. Upon annexation the
property will not require any city 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-2 Zoning District is consistent with the surrounding urban development of
the area. The R-2 Zone also gives due consideration of the suitability of this property for the
permitted uses in the zoning district, which in this area is single-family development.
5
9. Does the requested zone give reasonable consideration to the character of the district?
The proposed R-2 Zone is a low density residential zone and is consistent with the character
of the area which has developed with single-family residences.
10. Will the requested zone avoid undue concentration of people?
The requested R-2 Zone is consistent with the growth policy of Suburban Residential and is
an anticipated density for the subject property. The R-2 Zoning District has a maximum
density of 10,000 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-2 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 in proximity to the
property to the west. The proposed zoning is consistent with the growth policy future land
use designation and is compatible with current zoning in the immediate area.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff
Report #KA-19-04 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-2 (Residential).
N
PLANNING FOR THE FUTURE MONTANA
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisDeII.com/plann
I " AEI /ED
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: Mark Schwager rhollowt 1''1i�jj
MAIL ADDRESS: PO Box 7635
CITYISTATE/ZIP: Kalispell, Montana 59904
INTEREST IN PROPERTY: Owner
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITYISTATE/ZIP:
INTEREST IN PROPERTY:
PHONE: 755-3934
PHONE:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 155 Tronstad Road, Kalispell, Montana
Legal Description: 18 29 21 TR 4BA & TR 4CC IN L 3
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 10 Acres
CLUTC11t estimated market value
at 100% build out Unknowr
Unknown
at 50% build out Unknown
Is there a Rural Fire Department RSID or Bond on this property Yes No XX
If yes remaining balance is $
The present zoning of the above property is:
The proposed zoning of the above property is:
SAG 10
Residential
State the changed or changing conditions that make the proposed amendment necessary:
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection during the annexation process.
October 31, 2019
(Applicant)
1
(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 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 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 We, VA - I 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 armexed, 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 S years from date of annexation.
Petitioner/Owner Date
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
c
On this 3t' day of ZU (9before me, the undersigned, a Notary Public for
the State of Montana, personally appeared _ice L S-:) �Q e.C- known
to me to be the person whose name is subscribed to the foregoing instrdit ent and acknowledged
to me that he/she executed the sarne.
IN WTTNF.fiQ, WRPRF.CiF T I,a.rP liaraiinf set m i d d ff d N S I
year
it th' ate firgl&cam.
....
�...
NOTARY PUBLIC for the
f NAOL . TA4 State of Montana
SE Residing at Kalispell,
Montana
My Commission Expires
for io July 24, 2022
STATE OF MONTANA )
ss
County of Flathead County
y lain an a tm, i otary ea the day and
Notary Public, Sfe 4nes.:
of Monta
Printed Name �(�'`(/l�av 1
Residing at a� /�'7
My Commission —_/jd(fa 2 ,
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:
FLATHEAD COUNTY
2018 REAL ESTATE TAX BILL
Adele Krantz, Treasurer
935 1st Ave W Ste T Kalispell MT 59901
(406) 758.5680
http:l/flathead. mt.govlproperty_tax
MARK JOSEPH SCHWAGER
PO BOX 7635
KALISPELL MT 59904
Parties with ownership interest as of January 1, 2018
Owner of Record...... SCHWAGER, MARK JOSEPH
Type of Property market value Taxa4le Yalue
Real: -:Estate 124,190
No Buildings Assessed 0 0
--------'-- ------------
Totals 124,190 1,677.00
ASSESSOR NUMBER: 0781005.
TAX BILL NUMBER: 201807683
SCHOOL DISTRICT: 05.
GEO CODE: 07407818301400000
Property Location:
Property Description
182921TR48A&TR4CCINL3
Description Percentage AMoUnt
County FU"Ctions 24.469b `: - Z7.9,252
Education 72.07% 822.86
other 3,45% 39.49
SUMMARY OF TAXES, LEVIES & FEES
COUNTY
SHERIFF
.067880
113,85 COUNTY LIBRARY
71.44
.006810
11.42
NOXIOUS WEEDS
.042600
.002130
CO PERM MED LEVY
3.57 COUNTYWIDE MOSQUITO
.012530
21.01
1.59
911 GENER OBLIG BOND
.001880
3.15 PERM SRS LEVY
.000950
.000700
1.17
ROAD
BOARD OF HEALTH
.024480
.004900
41.05 COUNTY PLANNING
8.22
.001660
.2.78
SUBTOTAL -
TAXES FOR COUNTY FUNCTIONS...
.166520
279.25
STATE - UNIVERSITY
.006000
10.06 GENERAL SCHOOLS
.106400
118.43
STATE - SCHOOL AID
.040000
67.08 FLAT VAL COM,COLLEGE
0161:70.'
27.12
FLATHEAD HIGH SCHOOL
.095390
166.66 KAL RURAL ELErM 05
2185.60
3,66.53
FVCC PERMIS MED LEVY
.004160
6.98
SUBTOTAL -
TAXES FOR EDUCATION..........
.490670
82'2.86
SOIL & WATER CONSERV
.001690
2.83 WEST VALLEY FIRE
.021860
36.66
SUBTOTAL -
OTHER TAXES AND FEES.........
.023550
39.49
Total Mills Levied
0.680740
Total
Taxes and Fees . . . 1141,60
45916 1st
Installment due
11/30/2018 = 570.81
2nd
Installment due
05/31/2019 = 570.79
Tax paid receipts will be mailed only If a self-addressed stamped envelope is enclosed.
~
To pay or view taxes online, go to http://flathead.mt.gov/ property_tax.
A 3%
fee will be charged on
all credit/debit card payments. There is no fee to pay by e-check.
Payments made after 5:00
pm or postmarked after the due date must include 2% penalty & monthly interest
of 5/6 of
1% (0,008333).
Flathead County no longer accepts checks drawn on Canadian Banks
Keep upper portion for your records
Return stub with payment. Payment must be hand dellvered aid online or Postmarked by 5:00 pm on: MAY 3 j 2 - - Make checks payable to FLATHEAD COUNTY TREASURER
Please include your tax bill number on your check. ASSESSOR NUMBER: 0781005
Pay by e-check, credit/debit card Online at http://flathead.mt.goV/property tax TAX BILL NUMBER: 201807683
DO NOT PAY THIS IF IT IS INCLUDED IN YOUR MORTGAGE PAYMENT SCHOOL DISTRICT: 05
If your address has changed, please make corrections below.
No additional notice will be
PO BOXX 7635
MARK H SCHWAGER sent for this installment.
63
KALISPELL MT 59904
Tax Amount Due: 570.79
IIII flI I 1111111111111111111111011111111111111111111111111 IN 11111111011111111111111111111113
141 Tronstad Road • Kalispell, MT 59901 • Web page: www.chambersdrilling.com
Office: (406) 755-3480 • Fax: (406) 257-5147 • Cell: 250-6823 • E-mail: chambersoffice@centurytel.net
December 10, 2019
Kalispell Planning & Building Department
201 15t Ave East
Kalispell, MT 59901
RE: STAFF REPORT #KA-19-04: Schwager Annexation
Gentlemen:
My name is James Chambers. I am the owner of the property located at 141 Tronstad Road
which I have owned since 1996. 1 am opposed to the Annexation and change of zoning from
SAG-10 to R-2 before the Commission.
I am opposed against the change for the following reasons:
1. As stated in the Staff Report: The SAG-10 Zoning District is intended to "provide and
and preserve agricultural functions and to provide a buffer between urban and unlimited
agricultural uses, encouraging the separation of such uses in areas where potential conflict of
uses will be minimized, and to provide areas of estate -type residential development"
Simply stated, changing the zoning from SAG-10 to R-2 totally nullifies the purpose of the
SAG-10 intent. Under R-2 zoning, the maximum density is 10,000 square feet per dwelling
(Staff Report, Page 6). This would allow 4 dwelling per acre, and the subject property is
10 acres... allowing up to 40 dwellings to be constructed. None of the issue of having
up to an additional 40 dwellings impacting the surrounding area, or traffic on Tronstad
Road were addressed in the Staff Report.
December 10, 2019: Chambers: Page 2
2. The proposed change to R-2, as stated in the Staff Report, Page 2, states: "...should have
good thoroughfare access". This property has only 1 access point: Tronstad Road.
Furthermore, and most importantly, the entire access area along Tronstad Road is in
a low area which is subject to seasonal flooding. After the harsh winter of 1996, there was
2-3 feet of standing water in the southern 1/4 of the property into June. The southern
1/4 of the property is the only access point from Tronstad Road onto the remaining property.
The Staff Report does not address how this issue will be resolved.
3. The Staff Report is inaccurate and misleading. ANNEXATION EVALUATION, item 3 states:
"The subject property is 850 feet east from city limits (Silverbrook)...thus annexation will
serve to be a logical expansion of the existing city limits". The truth is that the Silverbrook
Subdivision is an "annexed island" several miles from the traditional city limits. Moreover,
Silverbrook is on the other side of Highway 93 with commercial development along the
east side of Highway 93 and man-made topographical features on the west side of Highway
93 being buffers zones from current nearby residential use. Changing the zoning from
SAG-10 to R-2, is in effect, creating another "annexed island" of high -density city property
within a traditional low -density residential area.
In conclusion, regardless of the Planning Departments best efforts, this area is a hodgepodge
of grandfathered in commercial development, SAG-5, SAG-10, and conditional use permitted
businesses. Simply allowing another potential 40 dwellings to go up in the middle of this
undefinable area is not in the best interest of the citizens of Kalispell at this time.
Respectfully Submitted,
James Chambers
141 Tronstad Road
Kalispell, MT 59901