Staff Report/Annexation & Zoningk• r47S_T FOR ANNEXATIONi INITIAL ZONING
REGIONALFLATHEAD - r OFFICE
STAFF REPORT
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request by Gary and Julie Tackett for annexation and initial zoning. A
hearing has been scheduled before the Kalispell City -County Planning Board for May
13, 1997 beginning at 7:00 PM in the Kalispell City Council Chamber. The Planning
Board will forward a recommendation to the Kalispell City Council for final action.
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The property
owners were using an on -site septic system which failed this spring thus requiring them
to connect to City sewer. As a condition of receiving sewer service, the property must be
annexed. A single family residence currently exists on the property and the current use
will not be affected by the zoning.
A. Petitioner andOwners: Gary and Julie Tackett
375 Eighth Avenue E.N.
Kalispell, MT 59901
(406)755-2176
B. Location and Legal Description ofProperty: The property proposed for
annexation is located on the east side of Eighth Avenue E.N. between
Washington Street and Oregon Street in Kalispell. The property is located at 375
Eighth Avenue E.N. in Kalispell and can be described as Assessor's Tracts 30K
and 30KA located in Section 8, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
C. Existing zoning: Currently this property is located in the County zoning
jurisdiction and is zoned R-3, a One Family Residential zoning district which is
intended for urban areas to provide for primarily single-family residences. This
district has a minimum lot size requirement of 10,000 square feet and would
generally have all public facilities.
D. Proposed Zoning: The applicants are proposing City R-3 zoning, a Residential
zoning district which has a minimum lot size requirement of 7,000 square feet
and would be required to be served by all public facilities and services. This
district is primarily single family residential.
E. Size: The area proposed for annexation and zoning contains approximately
21,000 square feet and is the total square footage contained in two parcels.
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F. Eydsting Land Use: There is currently a single family residence on the property.
The use on the property will not change. As previously mentioned, the property
owners require connection to City sewer because of a failed on -site septic system.
A condition of connection to City sewer is annexation into the city.
G. Adjacent Land Uses and Zoning: The character of the immediate area is
residential. This property is on the eastern boundaries of the City / County
limits.
North: Single family residential, City R-3
South: Apartment building, City RA-1
East:: Steep slope, mobile home park, County R-5
West: Single family residential, City B-2
H. General Land Use Character: The general land use character of the area is a
mix of business, multi -family and single family residential. The residential areas
abut the more urban areas of Kalilspell to the south where there are businesses
which front along East Idaho (Highway 2 West). Other uses to the south include
the Daily Interlake newspaper office, a motel and a retail business. Single family
uses are generally to the north of Washington Street.
I. Availability of Public Services: Public services are available in the immediate
area which include fire and police service, street maintenance as well and public
water and sewer. The reason for this annexation request is so that the property
owners can connect to the City of Kalispell sewer and thereby correct their failed
on -site septic system.
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
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1. Does the requested zone comply with the Master Plan?
This property is indicated on the Kalispell City County Master Plan Map as urban
residential. The proposed R-3 zoning district complies with that master plan
map designation, as well as the goals and policies of the document.
2. Is the requested zone designed to lessen congestion in the streets?
Rezoning this property will result in no change in the amount of traffic which
might be generated in the area. No impact on traffic congestion will result with
this zoning designation.
PA
3. Will the requested zone secure safety from fire, panic, and other dangers?
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services is adequate.
4. Will the requested zone promote the health and general welfare?
Because this annexation will enable the property owners to connect to public
sewer and abandon their failed system, it can be stated that this zoning
(concurrent with the annexation) will promote the general health and welfare of
the community.
S. Will the requested zone provide for adequate light and air?
There is an established use, a single family residence, on this property which
appears to generally comply with the lot size requirements, setbacks, building
height and density for the requested zoning designation which assures that there
is adequate light and air.
6. Will the requested zone prevent the overcrowding of land?
The requested zoning designation is consistent with other zoning in the area and
the type of development which would be anticipated under the master plan. The
requested zone will prevent the overcrowding of land.
7. Will the requested zone avoid undue concentration of people?
No significant increase in the population in the area will result under the
proposed zoning. Theoretically, one additional parcel may be able to be created
under this zoning district provided adequate provisions can be met. The lot size
requirements for the district avoid the undue concentration of people in the area.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage schools parks, and other public requirements?
Public service, facilities and infrastructure are currently in place to accommodate
the use(s) in the area. No significant impacts to these services can be anticipated
as a result of this zoning proposal.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed zoning is consistent with the zoning in the surrounding area and
the uses in the area. The proposed zoning is consistent with the master plan
map designation and anticipated development. The requested zone gives
appropriate consideration for the suitability of this area for the uses allowed
under the R -3 zone.
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10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is transitional, however, the immediate
character of the area where this property is located is residential. The use
currently on the property is residential and will continue as residential. The
requested zone gives reasonable consideration to the character of the area.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate use of land throughout the jurisdiction appears to
currently be residential. This may change in the future as the urban boundaries
of the city expand.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt Staff Report #KA-97-2 as findings of fact and forward a
recommendation to City Council that the initial zoning for this property should be R-3,
Residential, upon annexation.
H: \... \REPORTS\KA\96\KA972
I
PETITION NO.
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
PETITION FOR ANNEXATION TO CITY
COME NOW the undersigned and respectfully petition the City
Council of the City of Kalispell requesting city annexation of the
following real property into the City of Kalispell and to remove
the following real property from the
Fire District.
Rural
The petitioner(s) requesting City of Kalispell annexation of
the property described herein 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 within the
rest of the municipality prior to annexation. 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.
Dated this _jam day of 19 27 -
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PROPERTY ADDRESS:
3 fib.
-MT
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN
THIS AGREEMENT, made and entered into this I 1,,A_
day of 1997, by and between 6,ARy Ts4cxsrf- AAlD .JUW E
7ACK it Tr
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDER(S), OR
CONTRACT SELLERS(S) ] and the CITY OF KALISPELL, Flathead County, Montana,
hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other good and valuable
consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to
protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings
made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and
make a part of said City of Kalispell, more particularly described on Exhibit "A' attached hereto
and which, by this reference, is made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express an intent to have the
property as herein described withdrawn from the Fire District
under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into
this Consent to Annex Agreement 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.
The PARTY(S) OF INTEREST 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 real property.
This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and
affixed our seals this / 1.tt day of Q A&;4 L- , 1997
CITY OF KALISPELL
City Manager
ATTEST:
inane Di ector
STATE OF MONTANA }
: ss
County of Flathead )
On this [l,& , day of Q L e 1997, before me,
the undersigned, a Notary Public for the State of Montana, personally appeared
-:jULJ6 known to me to be e personswhose namew subscribed to the
foregoing instrument, and acknowledged to me that he7she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
STATE OF MONTANA
County of Flathead
On this
the undersigned,
appeared
the
Notary Public, State of Montana
Residing at
My Commission expires dZld 9P
ss
day of 1 199 , before me,
a Notary Public for the State of Montana personally
and
and
respectively, of the corporation that
executed the foregoing instrument, and the persons who executed said instrument on behalf of
said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
STATE OF MONTANA )
ss
County of Flathead )
On this / / -tA- day of 9-4� , 1997 , before me, a Notary
Public in and for the State of Montana, personally appeared CLARENCE W. KREPPS and
AMY H. ROERTSON, known to me to be the City Manager and Finance Director of the City
of Kalispell, a municipality, that executed the within instrument, and acknowledged that such
City Manager and Finance Director respectively subscribed, sealed and delivered said
instrument as the free and voluntary act of said municipality, for the uses and purposed*
therein setforth, and that they were duly authorized to execute the same on behalf of said
municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Residing at - '_ *ax,ta ,�.c�
My Commission expires gtle 4P