08. Resolution 4337 - Tackett AnnexationAgenda -June 16, 1997
AGENDA ITEM 8 - RESOLUTION 4337-TACKETT ANNEXATION
BACKGROUND/CONSIDERATION: The FRDO report is attached for your
review.* This request has been presented to the City due to a
septic system failure. We required them to request voluntary
annexation prior to providing sewer services from the City.
RECOMMENDATION: The Planning Board did not have any one speak in
favor of or in opposition to the annexation. Since we (staff)
required the request of annexation be submitted as a condition of
sewer service, I strongly recommend approval of this request for
annexation.
ACTION REQUIRED: Approval of RESOLUTION 4337 is required for
annexation processing.
*Planning Board minutes are included behind Agenda Item 6 (Buffalo
Commons).
RESOLUTION NO. _A_337
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
ASSESSOR'S TRACTS 30K and 30KA LOCATED IN SECTION 8, TOWNSHIP 29
NORTH, RANGE 21 WEST, P.M.M., P.M.M., FLATHEAD COUNTY, MONTANA, TO
BE KNOWN AS TACKETT ADDITION NO. 280; TO ZONE SAID PROPERTY SINGLE
FAMILY RESIDENTIAL, R-3, TO AMEND THE CITY ZONING MAP ACCORDINGLY
AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Gary and Julie Tackett, the owners of the property located at 375
Eighth Avenue E.N. in Kalispell and described as Assessor's Tracts
30K and 30KA located in Section 8, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, attached hereto and thereby
made a part hereof, requesting that the City of Kalispell annex the
territory into the City with a Single Family Residential, R-3
zoning classification, and
WHEREAS, the Flathead Regional Development Office has made a
report on Tackett Addition No. 280, Annexation and Zoning Request,
#KA-97-2, dated May 5, 1997, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell and be zoned Single Family Residential, R-3, and
WHEREAS, said "mini -extension of services plan" provides for
financing the extension of municipal services or maintenance of
existing services by utilizing funds allocated and expended,
pursuant to the annual City budget without incurring additional
bonded indebtedness, and
WHEREAS, Tackett Addition No. 280 is included within and
conforms to the Kalispell City -County Master Plan, 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 is more
particularly described as Assessor's Tracts 30K and 30KA
located in Section 8, Township 28 North, Range 21 West,
j:\wp\res:Tackett -1-
P.M.M., Flathead County, Montana shall be annexed to the
City of Kalispell and the boundary of the City is altered
to so provide, and shall be known as Tackett Addition No.
280.
SZCTION-1I. Upon the effective date of this Resolution,
the City Clerk of Council 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 of Council, 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.
SEC-TION III. The territory annexed by this Resolution
shall be zoned Single Family Residential, R-3.
SECTION Iy. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY
OF KALISPELL, THIS DAY OF , 1997.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
May 21, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Gary and Julie Tackett Request for Annexation and Initial Zoning of R-3
Dear Clarence:
The Kalispell City -County Planning Board met on May 13, 1997 and held a public
hearing to consider a request by Gary and Julie Tackett for annexation into the City of
Kalispell and initial zoning from County R-3, Single -Family Residential, to City R-3,
Single Family Residential. The property proposed for annexation is located at 375 8th
Avenue East North and contains approximately 20,000 square feet.
J Narda Wilson of the Flathead Regional Development Office presented a staff report and
recommended City R-3 zoning for this parcel. A house is currently located on the
property. The property owners' septic system failed and they needed to connect to City
sewer. The annexation was a contingency for that connection. No one spoke either in
favor or in opposition.
A motion to adopt Staff Report #KA-97-2 as findings of fact, and recommend approval of
the proposed R-3 zoning, upon annexation, passed unanimously on a 7 to 0 vote.
A recommendation for the proposed R-3 zoning upon annexation of this property is
being forwarded to City Council for the June 16, 1997 regular City Council meeting.
Please contact this board or Narda Wilson at the Flathead Regional Development Office
if you have any questions.
Sincerely
Kalispell City -County Planning Board
a4l'� �d
Pamela J. B. Ke Ydy
Vice President
PJBK/NW/eo
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell 9 City of Whitefish •
Gary and Julie Tackett Annexation
May 21, 1997
Page 2
Attachments: FRDO Report #KA-97-2 w/ application materials
Draft Minutes 5/ 13/97 Planning Board meeting
Exhibit A (legal description
c w/o Att: Gary & Julie Tackett, 375 8th Ave EN, Kalispell, MT 59901
Debbie Gifford, Kalispell City Clerk
H: \... \ 1997 \KA972
EXHIBIT A
ANF"#TIOI
Parcel 1•
A tract of land in the SZ)jNVh of Section 8, Township 28 Forth, Range 21 West,
P.M.M., Flathead County, Montana, described as follows:
Commencing at the Southeasterly corner of Block "B" of Duncan's Addition to
Kalispell, Montana, according to the plat thereof on file and of record in
the office of the Clerk and Recorder of Flathead County, Montana; thence
Easterly a distance of 147.8 feet on the Easterly continuation of the Southerly
boundary of said Block "B" to a point, which point is the intersection of
the Northerly boundary of Washington Street and the Easterly boundary of
Eighth Avenue East North of Kalispell, Montana; thence
Northerly along the Easterly boundary of said Eighth Avenue East North a
distance of 200 feet to the Northwest corner of that certain tract of land
described in deed to Sylvester E. Hader and Florence O. Hader, husband and
wife, recorded September 30, 1957 under Recorder's Fee #5621, in Book 404,
page 584, records of Flathead County, Montana; thence continuing
Northerly along the Easterly boundary of said Eighth Avenue East North a
distance of 25 feet to the Point of Beginning of the tract of land herein
described; thence
Easterly and parallel with the Northerly boundary of Washington Street a
distance of 142 feet to a point; thence
Southerly and parallel with the Easterly boundary of Eighth Avenue East North,
a distance of 25 feet to a point; thence
Westerly and parallel with the Northerly boundary of Washington Street a
distance of 142 feet to the Easterly boundary of Eighth Avenue East North;
thence
Northerly along the Easterly boundary of Eighth Avenue East North, a distance
of 25 feet to the Place of Beginning.
Parcel 2:
A tract of land in the SEhNWh of Section 8, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, described as follows:
Commencing at the Southeasterly corner of Block "B" of Duncan's Addition to
Kalispell, Montana, according to the plat thereof on file and of record in
the office of the Clerk and Recorder of Flathead County, Montana; thence
Easterly a distance of 147.8 feet on the Easterly continuation of the Southerly
boundary of said Block "8" to a point, which point is the point of
intersection of the Northerly boundary of Washington Street and the Easterly
boundary of Eighth Avenue East North; thence
Northerly along the Easterly boundary of said Eighth Avenue East North a
distance of 1SO feet to a point, which is the Point of Beginning of the
tract of land herein described; thence continuing
Northerly along the Easterly boundary of said Eighth Avenue East North a
distance of SO feet to a point; thence
Easterly and parallel with the Northerly boundary of said Washington Street a
distance of 142 feet to a point; thence
Southerly and parallel with the Easterly boundary of Eighth Avenue East North a
distance of SO feet to a point; thence
Westerly and parallel with the Northerly boundary of Washington Street a
distance of 142 feet to the Place of Beginning.
GARY AND JULIE TACKETT
REQUEST FOR ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KA-97-2
MAY 5, 1997
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.
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 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 and Owners: Gary and Julie Tackett
375 Eighth Avenue E.N.
Kalispell, MT 59901
(406)755-2176
B. Location and Legal Description of Property: 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. Eydsting 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.
1
F. Mcisting 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.
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 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.
2
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.
5. 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.
3
10. Does the requested zone &e 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 iurisdiction?
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.
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