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H4. Res. 6002, Ord. 1849 Musso Annexation & ZoningCITY OF KALISPELL Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KA-20-03 — Musso Annexation and Initial Zoning Request MEETING DATE: October 5, 2020 BACKGROUND: This matter is a request from Sarah and Alexander Musso for annexation and initial zoning of city R-4 (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-1 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 an adjacent right-of-way. The surrounding area is a mix of county R-1 and city R-4 zoning. The property is located at 904 8t' Avenue West and can be described as a portion of Lot 1 of Block 13 of High School Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. A full legal description is attached as Exhibit A. The Kalispell Planning Board held a duly noticed public hearing on September 9, 2020, to consider the annexation and initial zoning request. Staff presented staff report KA-20-03 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. No public comments were received. The public hearing was closed and a motion was presented to adopt staff report KA-20-03 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 6002, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation a portion of Lot 1 of Block 13 of High School Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1849, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as a portion of Lot 1 of Block 13 of High School Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana., Montana, as City R-4 (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 6002 Ordinance 1849 September 9, 2020, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk EXHIBIT A THAT PART OF LOT 1 OF BLOCK 13 OF HIGH SCHOOL ADDIIION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT T1IEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 150.00 FEET; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 50.00 FEET; THENCE AT RIGHT ANGLES EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID LOT 1, A DISTANCE OF 150,00 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY OF LOT 1, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING. Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 6002 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 A PORTION OF LOT 1 OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS MUSSO ADDITION NO. 449, 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 Sarah and Alexander Musso, 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-20-03, dated September 2, 2020; 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 a portion of Lot I of Block 13 of High School Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of 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 5TH DAY OF OCTOBER, 2020. ATTEST: Judi Funk Deputy City Clerk Mark Johnson Mayor EXHIBIT "A" THAT PART OF LOT 1 OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 150.00 FEET; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 50.00 FEET; THENCE AT RIGHT ANGLES EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID LOT 1, A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY OF LOT 1, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING. ORDINANCE NO. 1849 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 A PORTION OF LOT 1 OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" (PREVIOUSLY ZONED COUNTY R-1) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Sarah and Alexander Musso, 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 0.17 acres of land; and WHEREAS, the property is located at 904 8th Avenue West; and WHEREAS, Musso's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-20-03, dated September 2, 2020, 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-20-03. 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 0.17 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 19TH DAY OF OCTOBER, 2020. ATTEST: Judi Funk Deputy City Clerk Mark Johnson Mayor EXHIBIT "A" THAT PART OF LOT 1 OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 150.00 FEET; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 50.00 FEET; THENCE AT RIGHT ANGLES EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID LOT 1, A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY OF LOT 1, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING. KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING September 9, 2020 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Kurt Vomfell, Rory Young, George Giavasis, Joshua Borgardt and Ronalee Skees. PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Vomfell seconded a motion to approve the minutes of the August 11, 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-20-03 — MUSSO PJ Sorensen representing the Kalispell Planning Department reviewed ANNEXATION Staff Report #KA-20-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-03 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 PUBLIC HEARING None MOTION Kauffinan moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-03 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 R4 (Residential). BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the street connection decision of 1st Ave NW. NEW BUSINESS Sorensen updated board on October planning meeting. ADJOURNMENT The meeting adjourned at approximately 6:08pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of September 9, 2020 Page I 1 MUSSO ANNEXATION ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION STAFF REPORT #KA-20-03 KALISPELL PLANNING DEPARTMENT September 2, 2020 This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a request from Sarah and Alexander Musso to annex a 0.17 acre parcel into the city limits with an initial zoning designation of R-4 (Residential) upon annexation. A public hearing has been scheduled before the Planning Board for September 9, 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 Sarah and Alexander Musso to annex an approximately 0.17 acre parcel into the city with an initial zoning designation of R-4 (Residential) upon annexation. The subject property is currently within the county and zoned county R-1. It is developed with a single-family residence. The annexation request is due to a failing septic system and their desire to connect to city sanitary sewer service. 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: Sarah and Alexander Musso 904 8th Avenue West Kalispell, MT 59901 B. Location and Legal Description of Properties: The property is located at 904 8th Avenue West and can be described as a portion of Lot 1 of Block 13 of High School Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 1� SU9JECT 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-1. The county R-1 Zoning District is intended to provide estate -type development away from concentrated urban development and typically not served by water or sewer service. W D. Proposed Zoning: The proposed zoning is city R-4 (Residential). The Kalispell Zoning Regulations state that the intent of the R-4 zoning district is a district "comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." - Kalispell Zoning Exhibit - August 12th, 2020 HCRTH Mussy Annexation. 904 8th Ave East ® Sugert PFDpeq Zoning - Gwmercu NeIgrZDMDDd Bllnne5£ p - Ughl N He q IrdUGNa - Heatlh Care ResdemalFrof Id i on� RMden,al sT W T Family Reeltl =r 6YN - wltl amlly Resltle= RMden,alnpamn UOr: R-4 RESIDENTIAL f p y r � r pmc { m x } . f Subject Pro ,aYH Y w COUNTY 1aTx W R^4 Date: Jere tom, 2— Kalispell Planning Dept. RePath: Jf20201D6111M KALi5PELL c .3 E2 aOM41e H. General Land Use Character: E. Size: The subject property is approximately 0.17 acres. F. Adjacent Zoning: North: County R-I/City R-4 East: City R-4 West: County R-1 South: County R-I/City R-4 G. Adjacent Land Uses: North: Single-family/Multi- family residential East: Single-family West: Single-family and undeveloped South: Single-family The general land use of the area is primarily single-family residential development with some multi -family residential dwellings. Much of the property to the west of the subject parcel is undeveloped grasslands. I. Utilities and Public Services: The primary motivation for this annexation is a failing septic system. The new Westside Interceptor sanitary sewer main was recently installed in the adjacent right-of-way along the north side of the property and can provide service to the home upon annexation. The property currently is connected to city water. 3 I. 2 Sewer: Private septic (city sewer available upon annexation) Water: City of Kalispell Refuse: Private (city collection available upon annexation) Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Peterson Elementary/Flathead High School 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 redevelopment/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, 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 sanitary sewer main was recently installed in the adjacent right-of-way along the north side of the property and can provide service to the home upon annexation. The applicant has discussed the connection with Public Works and determined that the property can connect to the sewer line, although specific details of the connection will be determined. Water service is currently provided by the City of Kalispell. 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 Police and Fire Departments. The site lies approximately 0.75 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. E 3. Distance from current citv limits: The subject property is immediately adjacent to the existing city limits line. 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 $472 per year. Based on the city's taxation and assessment policies, the property will generate approximately $2,160 per year in total annual revenue to the city ($1,027 in assessments and $1,133 in taxes). Based on this analysis, the annexation will be net gain to the city of $1,688. 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-4. The Kalispell Zoning Regulations state that the intent of the R-4 zoning zone is a district "comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." 5 A& Kalispell Growth Policy Exhibit -August 12th. 2020 NORTH Muss Annexation. 904 8th Ave East ® Subject Property Commercial Neighborhhod Ccmrnercial - - Industrial _ urban Mixed use - High Densely Residemial Urban Residential H SY w Suburban Residential -` City 7VWFo -Ga . PubliVQ si Public, Opensp3_E 7L _ - Floodviay U rban f Residential 91 �[ Yx Y IN f Subject Property N hgY1ti ,ya�H s w y Date: Aug.'2th. 202O Kalispell Planning Dept. FilePath: J120201MM120 KALI5PELL c aort c M 5 1. Does the requested zone comply with the growth polio The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. As mentioned 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. 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. 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. The property is currently served by city water service, and all municipal services including police/fire protection, solid waste collection and sewer service are currently available to the area. Will the requested zone promote the public health, safety 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. In this case, the requested zoning classification of R-4 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. 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. The home is already connected to city water service and utilizes city streets for access to the home. 7. Will the requested zone promote compatible urban growth? The requested R-4 Zoning District is the same zoning as the surrounding city 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-4 Zoning District is consistent with the surrounding residential development of the area, which is primarily single-family houses on standard sized city lots. 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. 9. 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. 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 neighborhood. 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. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-03 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 Planning Department 2011" Avenue East CITY OF Kalispell, MT 59901 ALISPELL Phone: (406)940 Fax: (406) 758-773$-7739 www.katispeR.com/planning PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: SARAH ELIZABETH M USSO MAIL, ADDRESS: 904 8TH AVE WEST CITY/STATE/ZIP: KALISPELL, MT 59901 PHONE:832-551-6403 INTEREST IN PROPERTY: OWNER Other Parties of Interest to be Notified: PARTIES OF INTEREST: ALEXANDER LUIS MUSSO MAIL ADDRESS: 904 8TH AVE WEST CITY/STATE/ZIP: KALISPELL MT 59901 PHONE:406-871-4350 INTEREST IN PROPERTY: OWNER PLEASE COMPLETE THE FOLLOWING: Address of the property: 904 8TH AVE WEST; KALISPELL, MT 59901 Legal Description: LOT 1A BLOCK 13 HIGH SCHOOL ADD (Lot and Block of Subdivision; Tract 9) S18, T28N, R21 W (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): .0172 ACRES Current estimated market value at 100% build out 216,000 at 50% build out Is there a Rural Fire Department RSID or Bond on this property Yes _ No. V If yes remaining balance is $ The present zoning of the above property is: R1 The proposed zoning of the above property is: R4 State the changed or changing conditions that make the proposed amendment necessary: Our septic system is currently failing. We would like to hook up to city sewer instead of replacing the septic system. 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. 7 ) (A fisant) (Date) 1 Schedule "A" THAT PART OF LOT 1 OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 150.00 FEET; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 50.00 FEET; THENCE AT RIGHT ANGLES EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID LOT 1, A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY OF LOT 1, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING. 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 Iand 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 ex ress an intent to have the property as herein described withdrawn from th A 1. � Rq Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; anV 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. -7 , 2R- Ze1Zi� Pet' ' /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 On this o2q day of Jt,t I�j !RC � before me, the undersigned, a Notary Public for the State of Montana, personally appeared Scirh F Nam) 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 & e� SIERRA BAKER o1A IM NOTARY PUBLIC for the t SEAL * State of Montana Residing at Kalispell, Montana OFYP�P My Commission Expires January 13, 2024 5't'A'1'E OF MONTANA ) ss County of Flathead County 91 Notary Public, State of Montana Printed Name 5l r Residing at ' pC-=k My Commission expires: 1 13 /ZLj On this day of J , before me, the undersigned, a Notary Public for the State of Montana, persona y appeared ,,4te42nC& Wl`5 Hj)l �S'C> 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 ye r in i ica Avd _ �pA 8,q h �g1AR,4t�A NOTARY PUBLIC for the * SEAS * State of Montana Notary Public, State of Montana Residing at Kalispell, Montana Printed Name 5emL %ze r oxoe���4 My Commission Expires January 13, 2024 Residingat �4l t My Commission expires: II /2,L( Schedule "A" THAT PART OF LOT 1 OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINE OF SAID LOT 11 A DISTANCE OF 150.00 FEET; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 50.00 FEET; THENCE AT RIGHT ANGLES EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID LOT 1, A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY OF LOT 1, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING. ESTIMATED COST OF SERVICES ANALYSIS (Initial Annexation) Project Name: Musso Annexation Date 8/25/2020 Calculated By: Kalispell Planning Department Number of acres proposed to be annexed: Number of commercial lots to be annexed: Average square foot per lot: Estimated market value of properties to be annexed: 0.17 0 7,492 $216,000 1. COST OF SERVICES UNDEVELOPED ACRES DEVELOPED ACREE COST/ACRE TOTAL Fire (budget $2,923,815 0 0.17 $107.37 $18.25 Police (budget $4,890,061) 0 0.17 ($173.33) ($29.47) General Gov't Services (budget $4,991,138) 0 0.17 ($167.50) ($28.48) Subtotal ($76.19) SERVICE NO. OF UNITS COST/UNIT TOTAL Roads Lineal feet of road to be maintained 0.00 ".05 $0.00 Water (based on number of ERUs) 0.00 ($185.51) $0.00 Sewer based on number of ERUs 1.00 $168.51 68.51 Wastewater Treatment (based on number of ERUs) 1.00 ($227.38) 27.38) Stormwater 0.00 $67.97 $0.00 Subtotal ($395.89) TOTAL ANTICIPATED COST OF SERVICE _ ($472.08) 2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED Totalsquare foot to be annexed: 7,492 Number of lots: 1 ASSESSMENT AVE SQ FT ASSESSMENT TOTAL Storm sewer assessment $214.18 maximum over 112 acre): 7,492 0.009834 $ 214.18 Street maintenance assessment ($387 maximum over 112 acre): 7,492 0.017776 $ 387.00 Urban forestry assessment (capped at $413 per parcel): 7,492 0.0047025 $ 413.00 Light maintenance assessment: 7,492 0.00165 $ 12.36 Average annual water and sewer usage charge $ - TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = $ 1,026.54 3. TAX REVENUE Assessed value per property: $ 216,000.00 NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 1 $ 216,000.00 $ 216,00700 TAXABLE MARKET VALUE REAL ESTATE TAX ASSESSED VALUE Total taxable value: $ 216,000.00 0.013 $ 2,808.00 MILLS LEVIED TOTAL Total tax revenue based on 800 mill levy: 0.8 $ 2,246.40 TOTAL CITY TAX REVENUE (based on 193.3 mill levy) _ $1,133.31 4. I M PACT FEES UNIT QUANTITY COST PER UNIT Total Sewer Impact Fee: ERU 1 $ 5,757.00 $5,757.00 Total Water Impact Fee: ERU 0 $ 6,418.00 $0.00 Total Storm Impact Fee: ERU 0 $ 1,121.00 $0.00 Total Police Impact Fee: Comm. Sq. Footage 0 $ 16.000 $0.00 Total Fire Impact Fee: Comm. Sq. Footage 0 $ 350.00 $0.00 Total Project Impact Fee = $5,757.00 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $2,159.85 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $5,757.00 7. ANTICIPATED COST OF SERVICE (ITEM 1) 1 ($472.08) 8. NET (COST) or REVENUE TO THE CITY PER YEAR (ITEM 2 AND 3 - ITEM 1) 1 $1,687.77 J'& Kalispell Growth Policy Exhibit -August 12th, 2020 NORTH Musso Annexation, 904 8th Ave East ® Subject Property Commercial Neighborhhod Commercial Industrial Urban Mixed Use High Density Residential Urban Residential Suburban Residential City Airport -Gov. Public/Quasi Public, Openspace Floodway BTH Si Urban Residential i m m _ _ 4. E::�3 I I Subject Property 1m S1 `N w 1�TN� Date: Aug. 12th, 2020 CTTTOF Kalispell Planning Dept. FilePath: J\2020\08122020 KALISPELL ° 0.0225 0045 Miles - Kalispell Mailing List: Musso Annexation NORTH 904 8th Ave W. • ® Subject Property • Mailing List Parcels • ,th st W c N • • • • • • V• • Bon St • \ It • • 1 • • ' • W • 1-9th.st . • 1 1 • • 1 1 • Apth L • N i • \ ' 1 _ 1 Esri Community M psC� twi. r , uildi—Pn t rintUSA, Uri, ERE, Garmin, SafeGraph, INCI EMENT P, METI/NASA, USCS, Bureau of Land Management, EPA, NPS, US Census Bureau, ' —USE A ; Date: 8-12-2020 Kalispell Planning Dept. QTY OF Mt. Cadastral Database: 8-7-2020 KALISPELL 0 175 350 Feet - Kalispell Zoning Exhibit -August 12th, 2020 NORTH Musso Annexation 904 8th Ave East ® Subject Property Zoning Commercial Neighborhood Business Light or Heavy industrial m Health Care Residential/Professional Office Residential $TN ST W Two Family Residential Multi -family Residential - Residential Apartment/Office R� 4 Z Public RESIDENTIAL m r Subject Property 1gH � W COUNTY 11TN W R-4 Date: June 10th, 2020 CTTTOF-7-00400411F Kalispell Planning Dept. RePath: J\2020\06102020 KALISPELL 0 0.02 0.04 Miles 0 w -100 G 1 40 -Aw fig T- *d 141W I 0 U) LU z Z LIJ LU LU IL LU LU0 o U) 0 CD CD C14