02. Resolution 4932 - Annexation - Larry & Sandy Heuscher - Stillwater BluffsREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
trieity@centurytel.net
www.tricitypianiiing-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Frank Garner, Acting City Manager
Larry & Sandy Heusher - Initial Zoning Upon Annexation of R-3 and
R-4, Country Way South
September 7, 2004
BACKGROUND: This is a request by Larry and Sandy Heusher for an initial zoning
designation of R-3, Urban Single Family Residential, and R-4, Two Family Residential, on
approximately 12.45 acres. The property proposed for annexation lies on the west side of
County "Tay South., between County Way and Granrud Drive. A request for preliminary
plat approval of Stillwater Bluffs, a 32 Lot subdivision has been filed concurrently with the
request for annexation and initial zoning. Currently the property is in the County zoning
jurisdiction and is zoned R-1, Suburban Residential. The Heusher's single family home is
currently on the property and will be removed at the time the property is developed.
A public hearing was held before the Kalispell City Planning Board at a meeting of August
10, 2004 regarding this proposal. Two people from the neighborhood spoke in opposition
to the proposal and two people from the neighborhood spoke in favor. Objections were
based on density and traffic. Support was based upon expansion of the city in this area
and connection to sewer and water with new development.
After the public hearing the board discussed the annexation. They agreed that it was
reasonable for this property to be brought into the city and noted that there were other
similar developments in the immediate area. A motion was made and passed unanimously
to forward a recommendation that initial zoning for this property should be R-3, Urban
Single Family Residential, and R-4, Two Family Residential, upon annexation to the city,
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 and R-4
zoning upon annexation would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
7*4 1 IL-
Narda A. Wilson,
Senior Planner
Minor positive impacts once fully developed.
As suggested by the city council.
Frank Garner
Acting City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Heusher Annexation and Initial Zoning
August 27, 2004
Page 2
Report compiled: August 27, 2004
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report KA-04-9 and application materials
Draft minutes from 8/ 10/04 planning board meeting
TRANSMIT\KALISPEL\2004\KA04-9MEMO
RESOLUTION NO. 4932
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L-i r%r'kj"JL I) 1iVi\ 1 V i L\V T 1JJL' l Vl\ 111L' t1L 1 L' 1%t111V1\ Vl XiLIA l7V lei\]JL-�,i�-1_L` a7 Vl
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HEUSCHER ADDITION NO.352;
TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Larry and Sandy Heuscher, the
owners of property located on the east side of Country Way South between Granrud
Lane and Country Way, requesting that the City of Kalispell annex the territory into
the City, and
WHEREAS, the Tri-City Planning Office has made a report on the Heuscher's Annexation
Request, #KA-04-9, dated August 2, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-3, Single Family Residential, on approximately 2.75 acres
of the 12.45 acres, and City R-4, Two Family Residential, on the remaining 9.25
acres 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 I. That all the real property as described on Exhibit "A" be annexed to
the City of Kalispell and the boundary of the City is altered to so
provide, and shall be known as Heuscher Addition No. 352.
SECTION II. 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 III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. 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 7TH DAY OF SEPTEMBER, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Cleric
Tri-City Planning Office
17 Second Street East --- Suite 211
Kalispell, Montana 59901
.0 one: (4V6) J 00-1OSV
Fax: (406) 751-1858
tricity% ceuturvtel.net
www.tricitypianning-mt.com
August 27, 2004
Frank Garner, Acting City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Larry & Sandy Heusher - Initial Zoning Upon Annexation of R-3, Urban Single
Family Residential, and R-4, Two Family Residential, Country Way South
Dear Frank:
The Kalispell City Planning Board met on August 10, 2004, and held a public hearing
to consider a request by Larry & Sandy Heusher for an initial zoning designation of R-
3, Urban Single Family Residential, and R-4, Two Family Residential on approximately
12.45 acres. The property proposed for annexation lies on the east side of Country
Way South between Granrud Lane and Country Way. The property is currently in the
county and is zoned County R-1, Suburban Residential.
Narda Wilson of the Tri-City Planning Office presented staff report KA-04-9,
evaluating the proposed zoning. Staff recommended initial zoning of City R--3, Urban
Single Family Residential and R-4, Two Family Residential which is consistent with
current zoning of the area.
At the public hearing the applicant and two individuals spoke in favor of the zoning of
this property to R-3 and R-4 and 2 individuals spoke in opposition stating the density
was too great, the road was inadequate to handle the increased traffic, and the safety
of children who play in the area. After the public hearing the board discussed the
request and a motion to recommend R-3 and R-4 zoning upon annexation passed on a
unanimous vote.
Please schedule this matter for the September 7, 2004 regular Kalispell City Council.
meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office
if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Ge ge aylor
resident
Providing Community Planning Assistance To:
City of Columbia Falls • City of Kalispell • City of Whitefish
Heusher Annexation and Initial Zoning
August 27, 2004
Page 2
GT/ NW /a
Attachments: Petition to annex (original)
Exhibit A legal description.
Staff report KA-04-9 and application materials
Draft minutes S/ 10/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att-. Larry & Sandy Heusher, 545 Country Way South, Kalispell, MT 59901
Montana Mapping Associates, 115 Valley View Drive, Kalispell, MT
59901
TRANSMIT / KALI SPELL/ 2004 / KA04-o9
Heusher Annexation and Initial Zoning
August 27, 2004
Page 3
EXHIBIT A
LARRY & SANDY HEUSHER
ANNEXATION AND INITIAL ZONING OF R-3 & R-4
LEGAL DESCRIPTION
Parcels 1 & 2 of Certificate of Survey No. 15145 in Section 31, Township 29
North, Range 21 West, P.M.M., Flathead County, Montana.
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 Petitioners) further herein express an intent to have the property as herein described
withdrawn from the .-= Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately 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 S years from date of annexation.
Pt�tcri/Owner i �' Date
i
PetitionerlOwvne�r Date
Please return this petition to:
Tri-City Planning Office
17 2"d St East, Suite 211
Kalispell MT 59901
NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property
to be annexed that has been reviewed and certified by the Flathead County Plat Room.
STATE OF MONTANA )
ss
County of Flathead County
On this lj Jk day of ),- t. �Wu .: �0 L , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared ,"'n 7- � �� �, ¢.� � ��.�` ��.:�ee'_ known
to me to be the person whose name is subscribed to' the foregoing 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.
otary"Plib ,
Nc, State of Montana
Residing at
My Commission expires:. v i _--
STATE OF MONTANA )
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
Residing at
My Commission expires:
STATE OF MONTANA }
ss
County of Flathead
On this day of before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
,the 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 Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
LARRY AND SANDY HEUSHER
REQUEST FOR INITIAL ZONING OF R-3 AND R-4 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-04-9
AUGUST 2, 2004
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
the .initial zoning of R-3 and R-4 upon annexation to the city on property in northwest
Kalispell. A public hearing has been scheduled before the planning board for August
10, 2004 beginning at 7:00 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 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 have petitioned annexation and initial zoning classifications of R-3, Urban
Single Family Residential, and R-4, Two -Family Residential. The property is in the
County zoning jurisdiction and is zoned County R-1, a Suburban. Residential district.
This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-
4610, M.C.A., Annexation by Petition. A preliminary plat creating 32 lots on
approximately 12.45 acres has been filed concurrently with the petition to annex.
A. Petitioner and Owners:
Technical Assistance:
Larry and Sandy Heusher
545 Country Way South
Kalispell, MT 59901
(406) 752-3085
Montana Mapping Associates
115 Valley View Drive
Kalispell, MT 59901
B. Location and Legal ]Description of Property: The property proposed for
annexation lies on the east side of Country Way South between Granrud Larne
and Country Way. The property address is 545 Country Way South and can be
described as Assessor's Tracts 5H and 5HA in Section 31, Township 29 North,
Range 21 West, P.M.M., Flathead County, Montana.
C. Existing zoning: The property is currently in the County zoning jurisdiction and
is zoned R-1, Suburban Residential. The suburban residential district is intended
to serve as an area where limited density would be encouraged such as in the 100-
year floodplain or on steep slopes or in areas where estate type development is
anticipated and public water and sewer services are not available.
D. Proposed Zoning: Two zoning designations are being proposed for this property
to reflect the type of development being proposed. An approximately 2.75 acre area
of the approximately 12.45 acres is being proposed to be zoned City R-3, Urban
Single Family residential, where lots for single family dwellings are planned. The
remaining portion of the property is being proposed for City R-4, Two -Fan -&y
Residential, to accommodate two unit townhouses within the subdivision.
The R-3 zoning district is intended primarily for detached single-family dwellings.
It has a minimum lot size requirement of 7,000 square feet and a minimum lot
width of 60 feet. Setbacks are 20 feet in the front and rear and ten feet on the
sides. The R-4 zoning district is intended primarily for single-family dwellings, two
unit townhouses and duplex development. The minimum lot size for the district is
6,000 square feet and a minimum lot width of 50 feet with setbacks of 15 feet in
the front, 10 feet in the rear and 5 feet on the sides.
E. Size: The property proposed for annexation and initial zoning contains
approximately 12.45 acres.
F. Existing .Land Use: Currently this property is being used for a single-family
residence where the property owners live.
G. Adjacent Land Uses and Zoning: The immediate area is characterized by single--
family homes on urban sized lots in the area to the cast and single-family homes
on the larger lots to the north and south. The Stillwater River lies to the west,
North:
large lots with single-family homes, County R-1 zoning
East:
Single-family homes; City RA-1 zoning
South:
Single family homes, County R-I zoning.
West:
Stillwater River and ag land, County SAG-10 zoning
H. General Land Use Character. The area can be described as an area in transition
with urban sized lots to the east and south were public utilities have been extended
to Glacier Commons and Buffalo Stage. Single family homes lie to the north in
County Village Subdivision and are large lots and there are large lots to the south
that are in the County.
1. Availability of Public Services and Extension, of Services: Public services,
including City water and sewer can be provided to this site. Public water and sewer
were extended into the area with other development in the immediate area. Water
services are provided by the Evergreen Water District and sewer services are
provided by the City of Kalispell. Water and sewer are to the east of this property
in the Glacier Commons subdivision. Mains would be extended to service the
property.
EVALUATION BASED ON STATUTORY CRITERIA
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.
1. Does the requested zone co .ply with thegrowthpolicy?
The property is designated by the Kalispell Growth Policy 2020 as "Urban
Residential" which is defined as anticipating 4 to 12 dwellings per acre. Because
of the plans for the provision of public water and sewer to the site, the proposed
zoning designations are in compliance with the growth policy designation.. The
property owners are proposing the creation of ten lots intended for single family
dwellings and 22 sublots intended for two unit townhouses. A portion of the
property is defined by steep slopes to the Stillwater River that lies to the west and
a drainage swale to the north. The overall density of the 12.45 acre parcel is
being proposed at approximately 2.57 dwelling units per acre. The proposed
zoning complies with the type of development anticipated under the growth
Policy.
2. Is he requested zone desizried to lessen congestion in the streets?
It can be anticipated that the proposed development of the property that will be
associated with the zoning will increase traffic impacts in the area due to the
undeveloped nature of the area currently. Traffic impacts to the area can be
accommodated with the existing roadway systems at hand. The proposed re-
zoning carries with it the checks and balances, including the need for subdivision
review, which will ensure that traffic flows and access are appropriately
addressed. The potential densities afforded by this zone will not overtax the
existing road system.
3. Will the requested zone secure safety from fire, panic, and other dangers?
At the time this property is developed, the property owners will be required to
ensure that there are adequate accommodations in the case of an emergency.
There are no features related to the property which would compromise the safety
of the public. New construction will be required to be in compliance with the
building safety codes of the City which relate to fire and building safety. All
municipal services including police and fire protection, water and sewer service is
available to the property and i�,ill be utilized at the time another lot is created in
the future. - - -
4. Will the requested zone promote the health and general welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties and provides a place for new housing in the community.
5. Will tl-Ae requested zone provide for adequate light and air?
Setback, height, and 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 prevent the overcrowding of land?
As previously noted this area has been anticipated for urban residential
development and since public water and sewer are available to the area the
urban land use designation is appropriate. The anticipated density falls within
the proposed zoning designations. All public services and facilities will be
available to serve this property. An overcrowding of land would occur if
3
infrastructure were inadequate to accommodate the development in the area.
This is unlikely to occur.
7. Will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will likely
result after this land has been converted from a very low density rural home site
to a more intensive residential use. However, the intensity of the uses of the
property would be in direct relationship to the availability of public services,
utilities and facilities as well as compliance with established design standards.
The design standards and availability of facilities would provide the structure
needed to ensure that there will not be an overcrowding of the land or undue
concentration of people. Minimum lot standards and use standards as well as
subdivision development standards will avoid the undue concentration of people
at the time the property is farther developed.
S. Will the re uested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Public service, facilities and infrastructure would be made available to the
developer. The developer would need to extend the needed City services that are
not currently extended to the property at the developers' expense and in
accordance with the City's policies and standards. New improvements to the
property such as roads, water, sewer, parks and drainage would be installed in
accordance with City policies and standards at the developers' expense thereby
insuring that there is adequate provision of services to the site prior to
development. Fire, police, ambulance and public access are adequate to
accommodate potential impacts associated with the development of this site.
There will be impacts to services that can be anticipated as a result of this
proposal which can be met by the City. All public services and facilities are
currently available or can be provided to the property. Development should be
encouraged in areas where these services are available.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed zoning furthers the long range development plans as reflected in the
recently adopted Kalispell Growth Policy for this area and provides opportunities
for housing in a development that is compatible with surrounding land uses with
the extension and provision of public services within reasonable proximity to the
City core. The proposed zoning will provide the basis for the future land uses on
this property, in accordance with the Kalispell Growth Policy. This rezoning gives
great consideration to the suitability of this property for the proposed use and
concurrent zoning proposal. The proposed zoning is consistent with the
anticipated land uses in the area and gives due consideration of the suitability of
this property for the permitted uses in the district.
10. Does the requested zone ve reasonable consideration to the character of the
district?
The general character of the area is transitional between the urban and rural
fringes of the City limits. The proposed zoning allows this development to address
needs within the community for housing and support services on public services
and in reasonable proximity to the City core. Recent annexations in the area
indicate that this type of development will continue to occur on the urban fringes
of the community to be developed with similar types of uses as is proposed with
this property, i.e. urban residential rather than rural. It appears that the
proposed rezoning gives reasonable consideration to the character of the district.
11, Will the proposed zone conserve the value of buildings?
There is a single-family residential subdivision to the north developed with larger
lot sizes. The development anticipated under the proposed zoning is more intense
in nature than that of other properties in the areas to the north and south
because of the availability of public services and utilities. However, the City
star QrLIS WII3 ensure �UICt+L +ULdG.,i. A-_ 1.C5... LEll:k.'j.lLl. i4u[�t31:Ly L.IGt-V_1-_
_.I7_JjJj11�11G� it �L1c_l, _WLiensure t1 G-
value of buildings and homes is protected, maintained and conserved. Value of
the buildings in the area will be conserved because the zoning will promote
compatible and like uses on this property as are found on other properties in the
area.
12, Will the requested zone encourage.. the most aRprol2riate use of the land
throu lout the xraunici all ?
Urban scale residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this property. The
proposed zoning is consistent with the master plan and surrounding zoning in
the area.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
the findings in staff report #KA-04-9 and recornme nd to the Kalispell City Councjd that
the initial zoning for this property upon annexation be R-3 and R-4 as proposed.
NW
REPORTS \ Kt) � KA04-9A.. DOC
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, :SIT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT:
MAIL ADDRESS:
CITY/STATE/ZIP: f_ r , ,r & -7:7 PHONE: 75-,�L'
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: rt. 0
MAIL. ADDRESS:
C1M1 J 1133 T `-L T EI/L1P:
INTEREST IN PROPERTY:
PLEASE COMPLETE T14E FOLLOWING:
Address of the pro,
Legal Description:
Pin L.
(Lot and Block of Subdivision; Tract')
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac) I
The present zoning of the above property is: -
The proposed zoning of the above property is: 7- 8 ^-
State the changed or changing conditions that make the proposed amendment necessary:
Js. Cwd i
- Liz- d'i . :e ��i ri �. l V C''
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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 Tri-City Planning staff to be present on tbe
property for routine inspection during the annexation process.
Appiicantl.. Date)
APPLICATION PROCESS
APPLIC A-BL:E TO ALL MNI NEXATTON A.ND LI ITLA-L ZON NG APPY ICAT ONS
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 are: the application procedure, compatibility and
compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning
classifications.
2. Completed application. form.
Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an
Exhibit A, legal description of the property.
4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of
ways) with mailing addresses. See example below.
Assessor.- Sec-Twn-Rn Lot/Tract No Property Owner & Mailing Address
Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office.
b. Fee Schedule:
Residential (I acre or less) no fee
All other annexations:
Over I acre - $100 for first acre + $15 per acre over I acre
T A bona fide legal description of the property from a recent survey, title report or deed which accurately
describes the property to be annexed.
As Approved by TCPB, Effective 3/ 15/04
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