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H3. Reso 5975 & Ord 1843 - Behe Annex & ZoningOF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KA-20-02 — Behe Annexation and Initial Zoning Request MEETING DATE: June 1, 2020 BACKGROUND: This matter is a request from Connie Behe for annexation and initial zoning of city R-2 (Residential). The property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The property is currently zoned county R-2 and contains a single-family residence. The annexation request is due to an existing septic field which is failing. City sanitary sewer service is adjacent to the property as the Westside Interceptor was recently installed within the Two Mile Drive right-of-way. The surrounding area is a mix of county R-1 and R-2 zoning. The property is located at 1100 Two Mile Drive within the annexation boundary. The property can be more particularly described as Assessors Tract 3ACB in the Northeast Quarter of the Southeast Quarter of Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on May 12, 2020, to consider the annexation and initial zoning request. Staff presented staff report KA-20-02 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 was one written comment submitted and read into the record relating to the potential for other annexations in the area. After receiving comment, the public hearing was closed and a motion was presented to adopt staff report KA-20-02 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 5975, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation Assessors Tract 3ACB in the Northeast Quarter of the Southeast Quarter of Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1843, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Assessors Tract 3ACB in the Northeast Quarter of the Southeast Quarter of Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, as City R-2 (Residential), 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 5975 Ordinance 1843 May 12, 2020, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Public Comment Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5975 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 ASSESSORS TRACT 3ACB IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS BEHE ADDITION NO. 447, 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 Connie Behe, 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-20-02, dated May 6, 2020; 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 L That all the real property described as Assessors Tract 3ACB in the Northeast Quarter of the Southeast Quarter of Section 11, Township 28 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 1 ST DAY OF JUNE, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" A tract of land, situated, lying and being in the Northeast quarter of the Southeast quarter (NE 1/4 SE 1/4) of Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point 25.28 feet South and 204.27 feet West of the quarter corner on the East side of said Section 11; thence South 89 degrees 55' 15" West, a distance of 125.00 feet; then South 00 degrees 55' 40" East, a distance of 174.60 feet; thence North 89 degrees 55' 15" East, a distance of 125.00 feet; thence North 00 degrees 55' 40" West, a distance of 174.60 feet to the Point of Beginning. Shown as Tract 1 of Deed Exhibit 9309, recorded April 5, 1967 under Recorder's Fee 92285, records of Flathead County, Montana. ORDINANCE NO. 1843 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 3ACB IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", (PREVIOUSLY ZONED COUNTY R-2) TO CITY R-2 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Connie Behe, 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 0.5 acres of land; and WHEREAS, the property is located at 1100 Two Mile Drive; and WHEREAS, Behe's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-20-02, dated May 6, 2020, 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-20-02. 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 0.5 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 15TH DAY OF JUNE, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" A tract of land, situated, lying and being in the Northeast quarter of the Southeast quarter (NE 1/4 SE 1/4) of Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point 25.28 feet South and 204.27 feet West of the quarter corner on the East side of said Section 11; thence South 89 degrees 55' 15" West, a distance of 125.00 feet; then South 00 degrees 55' 40" East, a distance of 174.60 feet; thence North 89 degrees 55' 15" East, a distance of 125.00 feet; thence North 00 degrees 55' 40" West, a distance of 174.60 feet to the Point of Beginning. Shown as Tract 1 of Deed Exhibit 9309, recorded April 5, 1967 under Recorder's Fee 92285, records of Flathead County, Montana. KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING May 12, 2020 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Kurt Vomfell, Rory Young, Doug Kauffman, Ronalee Skees, George Giavasis and Joshua Borgardt. PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Kauffman seconded a motion to approve the minutes of the March 10, 2020 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KA-19-02 — VANDER ARK File 4KA-19-02 — A request from Matthew Vander Ark to annex a ANNEXATION 2.39-acre parcel into the city and zone the land R-3 (Residential) upon annexation. The subject property is currently within the county and zoned county SAG-10. The property is developed with a single-family residence and accessory structure. 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 Three Mile Drive. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-19-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-02 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-3 (Residential). BOARD DISCUSSION Young asked that since this annexation would create an island between the city utilities and the parcels behind the subject property would the applicant be required to run the utilities to the very back property line for future connections? Sorensen advised that the applicant has not entered the design phase yet and that will be determined once designs are submitted. PUBLIC HEARING None. MOTION Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-02 as findings of fact and recommend to the Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Page I 1 Kalispell City Council that the property be annexed and the zoning for the entire property be city R-3 (Residential). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Rory Young recused himself from #KA-20-01 & 4KGPA-20-01 because he is a representative for the applicant. KA-20-01 & KGPA-20-01 File #KA-20-01 and #KGPA-20-01 — A request from Colton Lee COLTON LEE COMMUNITIES Communities, LLC, to annex a 3.27-acre parcel into the city with an initial zoning designation of B-2 (General Business) upon annexation. The subject property is currently within the county and zoned county SAG-10. It is undeveloped at this time, although city services are available. The request also includes a growth policy amendment for the property. It is currently designated as Urban Residential and the proposed amendment would change the designation to Commercial_ The property is located at 216 Hutton Ranch Road. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-20-01 and #KGPA-20-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-20-01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Urban Residential to Commercial on the entire property. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property be annexed and zoned B-2 (General Business) upon annexation. BOARD DISCUSSION Graham asked for clarification on the undeveloped property between the subject property and Stillwater River. Sorensen clarified that the intent of this entry in the staff report was to show that on the other side of the river there is some single family and office use development near the subject property. PUBLIC HEARING None MOTION — KGPA-20-01 Vomfell moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports #KGPA-20-01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Urban Residential to Commercial on the entire Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Page 12 property. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KA-20-01 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property be annexed and zoned B-2 (General Business) upon annexation. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Young re -seated KA-20-02 — BEHE File #KA-20-02 — A request from Connie Behe to annex an ANNEXATION approximately 0.5-acre parcel into the city with an initial zoning designation of R-2 (Residential) upon annexation. The subject property is currently within the county and zoned county R-2. The property is developed with a single-family residence. The annexation request is due to an existing septic field for the residence which is failing. City sanitary sewer service is adjacent to the property as the Westside Interceptor sanitary sewer line was recently installed within the Two -Mile Drive right-of-way. The property is located at 1100 Two Mile Drive. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-20-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-02 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 None. PUBLIC HEARING Sorensen read the email from Sara Ebert (attached). MOTION - ORIGINAL Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-20-02 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 May 12, 2020 Page 13 BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the status of the Kalispell Trail. NEW BUSINESS Nygren updated the board on June agenda and introduced new Planner II, Rachel Ezell. ADJOURNMENT The meeting adjourned at approximately 6:3lpm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, June 9, 2020 at 6:00 p.m. and is 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 12, 2020 Page 14 BEHE ANNEXATION ANNEXATION AND INITIAL ZONING OF R-2 UPON ANNEXATION STAFF REPORT #KA-20-02 KALISPELL PLANNING DEPARTMENT May 6, 2020 This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a request from Connie Behe to annex a 0.5 acre parcel into the city limits with an initial zoning designation of R-2 (Residential) upon annexation. A public hearing has been scheduled before the Planning Board for May 12, 2020, 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 This application is a request from Connie Behe to annex an approximately 0.5 acre parcel into the city with an initial zoning designation of R-2 (Residential) upon annexation. The subject property is currently within the county and zoned county R-2. It is developed with a single-family residence. The annexation request is due to an existing septic field which is failing. City sanitary sewer service is adjacent to the property as the Westside Interceptor sanitary sewer line was recently installed within the Two Mile Drive right-of-way. 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: Connie Behe 1100 Two Mile Dr Kalispell, MT 59901 B. Location and Legal Description of Properties: The property is located at 1100 Two Mile Drive. It can be described as Assessors Tract 3ACB in the NE1/4 of the SE1/4 of Section 11, T28N, R22W, M.P.M, Flathead County, Montana. 1 is ide I nter;ceptbr Severe C. Existing Land Use and Zoning: The subject property contains one single-family residence. The zoning of the area to be annexed is county R-2. The county R-2 Zoning District is intended to provide large tract residential development in suburban areas and typically served by water or sewer service. 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 for adequate lot areas for lower density residential development, should have good throughfare access, and be in proximity to community and 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 approximately 0.5 acres. OA A Kalispell Zoning Exhibit -April 16th. 2020 NORTH 1100 Two Mile Dr ®-ruwr Zming �rrxgin«naorse�necc ' �ugncrH�y:no�co-ui R-21 RUD R-2 .K -- � ream care „ `jr- . A.;Ali Re87e!ILL31 , -N. Fanly Re6Ae Ctla! — I UdUfamly f;�dectla I � 4.a1. Jm� - ReN2�JILL31.49aflf'leCt'rce WEEK 1 f9 i�r VIC owl `--M Subject ' Property WWI RN -=-ig-2C29 Kalispell Planning Dept. H. General Land Use Character: F. Adjacent Zoning: North: County R-2 East: County R-I and R-2 West: County R-2 South: County R-I and R-2 G. Adjacent Land Uses: North: Single-family (county) East: Single-family (county) West: Single-family (county) South: Single-family (county) The general land use of the area can be described as primarily single-family residential development. On the north side of Two Mile Drive, there are somewhat higher density single- family residential subdivisions. On the south side of Two Mile Drive, there tends to be larger tract parcels with single-family residences. I. Utilities and Public Services: The primary motivation for this annexation is a failing septic system. The new Westside Interceptor sewer line is immediately adjacent to the property within the Two Mile Drive right-of-way. The applicant has met with Public Works and determined that the property can connect to the sewer line. Water service is not currently in the vicinity, however, the Water Facility Update Plan indicates a new water main within Two Mile Drive adjacent the property. Also, potential development along Two Mile may bring city water mains into the area. After annexation, any future development of the site will be required to pay the cost 3 I. 2 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: Private septic (city sewer available upon annexation) Water: Private well Refuse: Private (city collection available upon annexation) Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Peterson Elementary Fire: City of Kalispell if annexed Police: City of Kalispell if annexed ANNEXATION EVALUATION Compliance with the growth polices Two primary means for managing growth in the City of Kalispell are redevelopmentlinfill 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, includes a goal to "make public water and sewer available to areas that are in close proximity to services," and annexation allows for such extensions to happen. In addition, 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 annexation. The property proposed for annexation falls inside the city's direct annexation boundary. Municipal Services: The City of Kalispell has an extension of services plan that details how services would be extended to the annexed property. The new Westside Interceptor sewer line is immediately adjacent to the property within the Two Mile Drive right-of-way. The applicant has met with Public Works and determined that the property can connect to the sewer line. Water service is not currently in the vicinity, although it is within the Potential Utility Service area under the Water Facility Update Plan and is available if the applicant or any other property owner in the area wanted to extend existing water mains. 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 E Police and Fire Departments. The site lies approximately 2.0 miles from fire station 61 and is readily serviceable by the city fire, police and ambulance services. Given the level of existing services available to the property, annexation will not overburden the municipal services in place. 3. Distance from current ci . limits: The subject property is not immediately adjacent to the existing city limits line. However, it lies between properties to the east and west along Two Mile Drive that are within the city. About 1800 ft to the east is a recently annexed property along the bypass which is adjacent to the Greenbriar subdivision. About 2100 ft to the west is the southern portion of Rockwood Ranch, a residential development with 229 single-family and townhome units that was approved in 2018 and has yet to be developed. Staff has also had multiple conversations with property owners in the vicinity that have explored their option to annex into the city for similar reasons as the applicant. 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 cost to serve the land proposed for annexation is shown in the attached cost of service analysis — Initial Annexation. 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 property is currently developed with one single-family residence. The total cost of services is estimated to be $620 per year. Based on the city's taxation and assessment policies, the property will generate approximately $2,184 per year in total annual revenue to the city ($1,133 in taxes and $1,051 in assessments). Based on this analysis, the annexation will be net gain to the city of $1,564. 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 R-1. The applicants are requesting city R-2. The Kalispell Zoning Regulations state that the intent of the R-2 zoning district is "to provide for adequate lot areas for lower density residential development, should have good throughfare access, and be in proximity to community and neighborhood facilities, i.e. 5 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." r Kaispell Growth Policy Exhibit -April 16th. 2020 NORTH 1100 Two Mile Dr C.m u rleigndamhne c�,me•�al - .. - � tia�su;al .. urban Mixed llee High 0ensiEy ReSWential urban Resddential Suburban F—denlial ® cern�rportcn�. Public o—, P.H., Op—p— r Flonc'naY � r� Urban Residential t Subject Property Suburban Residential Da9e� 41 &7G�p FleAadr..R2g2g1U4t9-� �...Mpell Planning Dept ��•--•�: 3 1. 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. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? Upon annexation, there will be no change in use on the property and no impact on transportation. If and when the property redevelops, traffic impacts would be reviewed as part of a subdivision or conditional use permit. 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. Most municipal services including police/fire protection, solid waste collection and sewer service are currently available to the area. Water service is not currently extended to the area, although the fire department has access to water tender equipment. The Kalispell Fire Chief has reviewed the site and believes that, if annexed, the property can be adequately protected from fire. 4. Will the requested zone promote the public health, safe . and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, 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 and those in the vicinity. on 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 ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property, although water is not in the immediate vicinity and would require a significant extension of the existing main. The home is currently served by a private well and would continue to use it after annexation. 7. Will the requested zone promote compatible urban growth? The requested city R-2 Zoning District is similar zoning as the surrounding county properties and is consistent with the type of growth projected for this area in the Growth Policy. This zoning district maintains and is compatible with the established land use pattern in this area. 8. Does the requested zone give consideration to the character of the district and its particular suitabili . for particular uses? The proposed R-2 Zoning District is consistent with the surrounding residential development of the area, which includes a mix of single-family residences on various sized tracts. It also gives due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. Specific aspects of any future development on the property will be reviewed at the time of development consistent with regulations then in effect. 9. 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. Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods. 10. 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, sanitary sewer is located within the public right-of-way adjacent to the property. The proposed zoning is consistent with the growth policy future land use designation and is compatible with current zoning in the immediate area. 7 RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-02 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). 777 Q - Kaispell Growth Policy Exhibit -April 16th, 2020 NORTH 1100 Two Mile Dr Commercial Neighborhhod Commercial Industrial Urban Mixed Use High Density Residential Urban Residential Suburban Residential City Airport -Gov. Public/Quasi Public, Openspace Floodway L 11 Subject Property Suburban Residential «T,,()-F 1WYIY�ial Ai"&' I w7r • e Urban Residential Kalispell Planning Dept. 0 500 1,000 Fe Date: 4-16-2020 FilePath: J\2020\0416 - Kalispell Mailing List NORTH 1100 Two Mile Dr ® Subject Property Mailing List Parcels Konley Dr �a L L L 0 � � 3 C a CD d OE 0 im �o o U) `1 Y m m T—wo Mile Dr i Sources: Es", HERE, Garmi�F�1{�, f�OA�—II�SC�S Ca Ope Str etMap contributors, and the GIS ser Community Date: 4-16-2020 c,7y0), Kalispell Planning Dept. Mt. Cadastral Database: 4-16-2020 _. 0 305 610 MONTANA Feet - Kalispell Zoning Exhibit -April 16th, 2020 NORTH 1100 Two Mile Dr Subject Property Zoning d'. Commercial Neighborhood Business ry Light or Heavy industrial R-2 / P U D R-2 ' Health Care - Residential/Professional Office ~" Residential r�r Two Family Residential -------- Multi -family Residential .YwJt - Residential Apartment/Office Public e, �' ►` _ �' a+old � nyl' ,i� ", 1 it • 4 Subject ropert, _ KA ,�. R-2 `, $" ►�•- Ax y y 1 M ! ' «n� OT Date: 4-16-2020 =—- iil Kalispell Planning Dept. RePath: J\2020\0416 0 550 1,100 �— MONT,4NA Feet '�A - 2D- OL Planning Department Z1 0 2011" Avenue East a rb) 3 CYTY oiF Kalispell, MT 59901 Phone: (406) 758-7940 Fax: 39KALIS ELL www.kalispell.comlplan nines PETITION FOR ANNEXATION AND INITIAL ZONING C6 NAME OF APPLICANT: C t Vt . MAIL ADDRESS: 0 T vy )! VVI I l CITY/STATE/ZIP: I I S p t P) PHONE: 6 o ',Lq "1 0 6 �, INTEREST IN PROPERTY: Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: CITY/STATE/ZIP: INTEREST IN PROPERTY: PHONE: PLEASE COMPLETE THE FOLLOWING: Address of the property: 1 d 0 'T Ul f L iAA d i -D V. , ��I� g Legal Description: (Lot and Block of Subdivision; Tract #) (Section, Totivnship, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) .5 Current estimated market value 2� , 2 L� , 0 U at 50% build out N 1.4 at 100% build out i`{ 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: C 0 o h I The proposed zoning of the above property is: (/l. U1 State the changed or changing conditions that make the proposed amendment necessary: ai I ctv�'I GtS")L LIZA V� Jnc U • Y i The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and f u-ther grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. l'UAvvd 'V (Applicant) ( ate) 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 arc: 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. 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 WA, St We, t 1Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotat ; 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. 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. 2-0 Petitioner/Owner Date Petit] oner/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 1 On this 3 day of before me, the undersigned, a Notary Public for the State of Montana, personally appeared )s+ � c h� C,rknown 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 m ha and affixed my Not a Seal the day and year in this certificate first above written. RACHEL WALLETTE otary Public, to of Montana AR��`�T NOTARY PUBLIC for the Printed Na 2 �'--� rn State of Montana Residing at crj SEAL, = Residing at Kalispell, MT y Q My Commission Expires My Commission expires: -o STA AMA Apr) 01, 202l ss County of Flathead County 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: Main File No. D2097-10A Pa e #25 Dimensions ` Ill�ll ll�llll ill 1 �l �I�II1� gi�NldU l�nl� dill it 'V75 9/13/2012 2?39 pm Legal Description A tract of land, situated, lying and being in the Northeast quarter of the Southeast quarter (NEI/4$E I/4) of Section 11, Township 2R North, Range 22 West, M.P.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point 25.28 feet South and 204 27 feet West of the quarter corner on the East side of said Section 11; thence south 89 degrees 55' 15" West, a distance of 125.4D feet; thence South 00 degrees 55' 40" East, a distance of 174.60 feet; thence North 89 degrees 55' l 5" East, a distance of 125.00 feet; thence North 00 degrees 55' 40" West, a distance of 174.60 feet to the Point of Beginning. Shown as Tract 1 of Deed Exhibit #309, recorded April S. 1967 under Recorder's Fee 92285, records of Flathead County, Montana. 7023.100146 FLATHEAD COUNTY _ 2019 REAL ESTATE TAX BILL' �r Adele Krantz, Treasurer 935 4st Ave W Ste T Kalispell MT 59901 j ?' `� (406y 758•sR80 iyjr� h Np'0flathaad.mt. Itovfpropa rty_tax ASSESSOR NUMBER: 0459670 TAX BILL NUMBER; 201906820 CONSTANCE BEHE SCHOOL DISTRICT: 05 1100 TWO MILE DR GEO CODE: 07396511406020000 KALISPELL MT 59901 Property Location: 1100 TWO MLE DR KALISPELL MT 599p1 Parties with ownership interest as of January 1, 2019 Properly Description Owner of aEHE. CONSTANCE 11 28 22 TR 3AGS IN NE4SE4 TVoe of Property Market Value Taxable value Description ma Real Estate 63, 200 853.09 County Functions a 27.36% 516.09 Improvenen. 137:300 1,854.00 Education 68, R6% 1275.44 ------------------------ other 3.26% 60.52 Totals 200.500 2.707.00 SUMMARY OF TAXES, LEVIES & FEES COUNTY .062220 168.42 COUNTY LIBRARY .OD6390 17.30 SHERIFF .042750 115.72 CO PERM MEO LEVY .013430 36.36 NOXTOUS WEEDS .001840 4.98 COUNTYWIDE MOSQUITO 000930 2.52 911 GENER OBLIG BOND .001880 S.09 PERM SRS LEVY .000690 1.87 ROAD .023310 63.10 COUNTY PLANNING .001400 3.79 BOARD OF HEALTH .005990 16.21 COUNTY LANDFILL 80.73 SUBTOTAL - TAXES FOR COUNTY FUNCTIONS... .160830 516.09 STATE - UNIVERSITY .006000 16.24 GENERAL SCHOOLS .102910 278.59 STATE - SCHOOL AID .040000 108.28 FLAT VAL COM COLLEGE .015000 40.61 FLATHEAD HIGH SCHOOL .092230 249.67 KAL RURAL ELEM 05 .208560 564.57 FVCC PERNIS MED LEVY .006460 17.49 SUBTOTAL - TAXES FOR EDUCATION.......... .471160 1275.44 SOIL & WATER CONSERV .001610 4.35 WEST VALLEY FIRE .020750 56.17 SUBTOTAL - OTHER TAXES AND FEES......... .022360 60.52 Total Mills Levied 0.654350 Total Taxes and Fees . . . 1852.05 14220 1st Installment due 11/30/2019 = 926.04 2nd Installment due 05/31/2020 = 926,01 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 S:00 pm or postmarked after the due date must include 2% penalty & monthly interest of 5/6 Of 1% (0.008333). Flathead Count no longer accepts checks drawn on Canadian Banks Keep upper portion for your records. Return stub with payment. Payment must be hand delivered, paid online, or postmarked by 5:00 pm on: MAY 31, 2020 Make checks payable to FLATHEAD COUNTYTREASURER Please include your tax bill number on your check. ASSESSOR NUMBER: 0459670 Pay by e-check, credit/debit card online at http://flathead.mt.gov/property tax TAX BILL NUMBER: 201906820 SCHOOL DISTRICT; 05 DO NOT PAY THIS IF IT 15 INCLUDED IN YOUR MORTGAGE PAYMENT If your address has changed, please make corrections below. No additional notice will be CONSTANCE BEHE sent for this installment. 1100 TWD MILE DR VAI Tend i __ rnnn. 2ND 3019 REAL ESTATE Tax Amount Due: 91�IIIIV�RII�IIIInldnllllllfl�l2 6.01 lll ------------------------------------------------------------------ Return stub with payment. Payment must be hand delivered, paid online, or postmarked by S:oo pm on: NOVEMBER 30, 2019 Make checks payable to FLATHEAD COUNTY TREASURER Please include your tax bill number on your check, ASSESSOR NUMBER: 0459670 Pay by e-check, credit/debit card online at http://flathead.mt.gov/property_tax TAX BILL NUMBER: 201906920 DO NOT PAY THIS IF IT 15 INCLUDED IN YOUR MORTGAGE PAYMENT SCHOOL DISTRICT: 05 If your address has changed, please make corrections below. Tax Amount Due: 926.04 CONSTANCE BEHE 1100 TWO MILE DR 1852.05 KALISPELL MT 59901 l I f 11 T 2019 REAL ESTATE l llllll lull ll�i lull IIIIIIII'II ll�llll l Il lit l�il ill t hI �I commercial lots to be annexed: Iuare foot per lot: market value of properties to be annexed: 22,000 $241,213 F SERVICES UNDEVELOPED ACRES DEVELOPED ACREIS COST/ACRE TOTAL budget $2,923,815) 0 0.50 ($107.37) ($53.69) e (budget $4,890,061) 0 0.50 ($173.33) ($86.67) oral Gov't Services (budget $4,991,138) 0 0.50 ($167.50) ($83.75) Mal ($224.10) /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) 1.00 ($168.51) ($168.51) ewater Treatment (based on number of ERUs) 1.00 ($227.38) ($227.38) nwater 0.00 ($67.97) $0.00 Mal ($395.89) \L ANTICIPATED COST OF SERVICE _ ($619.99) 'ATED CITY ASSESSMENT REVENUE GENERATED square foot to be annexed: 22,000 )er of lots: 1 SSMENT AVE SQ FT ASSESSMENT TOTAL n sewer assessment ($214.18 maximum over 1/2 acre): 22,000 0.009834 $ 214.18 �t maintenance assessment ($387 maximum over 1/2 acre): 22,000 0.017776 $ 387.00 n forestry assessment (capped at $413 per parcel): 22,000 0.0047025 $ 413.00 maintenance assessment: 22,000 0.00165 $ 36.30 age annual water and sewer usage charge $ - \L ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = $ 1,050.48 ✓ENUE 3sed value per property: $ 241,213.00 NO. OF UNITS PROPERTY VALUE TOTAL assessed value: 1 $ 241,213.00 $ 241,213.00 TAXABLE MARKET VALUE REAL ESTATE TAX ASSESSED VALUE taxable value: $ 241,213.00 0.013 $ 3,135.77 MILLS LEVIED TOTAL tax revenue based on 800 mill levy: 0.8 $ 2,508.62 \L CITY TAX REVENUE (based on 193.3 mill levy) _ $1,133.31 FEES UNIT QUANTITY COST PER UNIT Sewer Impact Fee: ERU 1 $ 5,757.00 $5,757.00 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 = $5,757.00 kNTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) 1 $2,183.79 From: PJ Sorensen To: Kari Hernandez Subject: FW: [EXTERNAL] Re: [EXTERNAL] Question to be addressed at May 12, 2020 Meeting Date: Wednesday, May 6, 2020 9:08:14 AM Attachments: imaae001.ona From: Sara Ebert <sarabert@gmail.com> Sent: Tuesday, May 5, 2020 5:00 PM To: PJ Sorensen <psorensen@kalispell.com> Subject: [EXTERNAL] Re: [EXTERNAL] Question to be addressed at May 12, 2020 Meeting Thanks so much for your response, PJ. I will pass along this information and let you know if there are any further questions. Kind Regards, Sara Ebert On Tue, May 5, 2020 at 12:17 PM PJ Sorensen <psorensen(@kalispell.com> wrote: Sara - To answer your question, the homeowner in this case asked the city for access to the city sewer service that is installed in Two Mile Drive. City policy is that a property needs to annex into the city to be able to tie into city utilities. The annexation is by petition, which means that the city is taking action at the request of the property owner. The City is considering this annexation based on that request and not as part of pursuing annexations in this area. No other property is affected. If other properties wish to annex to gain access to city services, such as an existing homeowner with a failing septic system as in this situation or for other reasons, we would take in the application to annex and consider it at that time. I hope that answers your question, please let me know if there is anything else. KALISPELL PJ Sorensen, Esq. Senior Planner Development Services Department 201 1': Ave East Kalispell. MT59901 (406) 758-7940 psoren se r0kal ispell -corn From: Kari Hernandez <khernandez(@kalispell.com> Sent: Tuesday, May 5, 2020 11:58 AM To: PJ Sorensen <psorensen(@kalispell.com> Subject: FW: [EXTERNAL] Question to be addressed at May 12, 2020 Meeting From: Sara Ebert <sarabert(@gmail.com> Sent: Tuesday, May 5, 2020 11:39 AM To: Kari Hernandez <khernandez(@kalispell.com> Cc: Dave Ebert <d.ebert(@lhcmt.com> Subject: [EXTERNAL] Question to be addressed at May 12, 2020 Meeting Hello, I would like to submit the following question on behalf of Bernard and Barbara Ebert, to be addressed at the May 12, 2020 Meeting in reference to agenda items 1-3: Question: Are there any additional annexation plans for this geographical area (specifically Westbrier Court), and if so, what is the time frame for those annexations? Several residents on Westbrier Court have expressed concern regarding annexation and the requirements regarding water and sewer service that accompany annexation. Thank you for your response, Sara Ebert, Esq. saraberte,gmail.com Messages and attachments sent to or from this e-mail account pertaining to City of Kalispell business may be considered public or private records depending on the message content. The City is required by law to protect private, confidential information. Emails that contain confidential information such as information related to individual privacy may therefore be protected from disclosure under law. However, these communications are also subject to the Right to Know provisions of Montana's Constitution (Art. 11, Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Any unauthorized review, use, disclosure or distribution of this e-mail or its attachment(s) is prohibited. If you are not the intended recipient, immediately contact the sender by reply e-mail and destroy all copies of the original message. Sara Ebert, Esq. sarabertagmail.com From: PJ Sorensen To: Kari Hernandez Subject: FW: [EXTERNAL] Question regarding annexation of neighboring property Date: Tuesday, April 28, 2020 11:54:26 AM I spoke with Sara on the phone and answered her questions. Not submitting comments exactly. Should I forward these to you or save them somewhere specific? Note that the File number is off — this is for the one on Two Mile (KA20-02). From: Sara Ebert <sarabert@gmail.com> Sent: Tuesday, April 28, 2020 11:27 AM To: PJ Sorensen <psorensen@kalispell.com> Subject: [EXTERNAL] Question regarding annexation of neighboring property Hi Mr. Sorensen, Thank you so much for returning my call this morning. I thought e-mail might be a better way to communicate since I know many people are working from home during this time. I contacted you on behalf of my grandparents, who live at 64 Westbrier Court in Kalispell, just outside the city limits. They received a letter stating that a neighbor of theirs has requested his parcel be annexed into the city for sewer and water purposes (I am referring to File #KA-19-02). If the annexation moves forward unopposed, will that have any impact on the water and sewer at my grandparent's parcel of land across the street? They do not wish to have city sewer or water and want to be sure they know the impact before they submit a formal opposition to be reviewed at the May 12, 2020 meeting. Thanks so much for your response. Kind Regards, Sara Ebert, Esq. sarabert(a� gma