H3. Ross Annexation (Reso 5815) & Zoning (Ord 1791)PLANNING FOR THE FUTURE
MONT"A
REPORT TO: Doug Russell, City ManagerYY
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KA-17-02 — Ross Annexation and Initial Zoning of R-4
MEETING DATE: June 5, 2017
BACKGROUND: A request from Stanley and Clarene Ross to annex the southerly 4-acre portion of
a 5-acre parcel into the city and zone the land R-4 (Residential) upon annexation. Currently, the
northern 1-acre portion of the 5-acre property is within the city and zoned city R-1. The southern 4-
acre portion of the property is within the county and zoned county R-1. Historically, city policy once
allowed for portions of properties fronting city right-of-ways to be annexed without annexing the
remainder of the parcel. In addition to zoning the 4-acre portion of the property R-4 upon annexation,
staff also recommends that the northern 1-acre portion of the property be rezoned from city R-1 to R-
4 so that the entire property shares the same zoning. The property is currently undeveloped
grasslands. Water and Sanitary sewer service are in the vicinity of the property and upon annexation
extensions can be constructed to serve the entire property when development is requested.
The property is located at the 500 Block of Sunnyside Drive. The portion of the subject property to be
annexed can be described as the southern approximately 605 feet of Lot 3 of Insteness Subdivision in
Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The portion of
the subject property to be rezoned from city R-1 to city R-4 can be described as the northern
approximately 150 feet of Lot 3 of Insteness Subdivision in Section 19, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing May 9, 2017, to consider the
application request. Staff presented staff report KA-17-02 providing details of the proposal and
evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and
recommend to the City Council that the annexation and initial zoning request be granted.
There being no public comment, the public hearing was closed and a motion was presented to adopt
staff report KA-17-02 as findings of fact, and recommend to the Kalispell City Council that the 4-
acre portion of the property be annexed with a zoning on the entire property of R-4. Board discussion
concluded that the request was appropriate, and the motion passed unanimously upon roll call vote.
RECOMMENDATIONS: It is recommended that the Kalispell City Council approve Resolution
5815, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including
therein as an annexation certain real property described as the southern 605 feet of Lot 3 of Insteness
Subdivision in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana,
to be known as Ross Addition No. 429.
It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1791,
an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance
1677, by zoning certain real property described as the southern 605 feet of Lot 3 and the Northern
150 feet of Lot 3 of Insteness Subdivision in Section 19, Township 28 North; Range 2-b-West-,—
P.M.M., Flathead County, Montana to City R-4 Residential in accordance with the Kalispell Growth
Policy 2020, and to provide an effective date.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5815
Ordinance 1791
Annexation and initial zoning Staff Report KA-17-02
Minutes of the May 9, 2017, Kalispell Planning Board
Application Materials
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5815
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 THE SOUTHERN 605 FEET OF LOT 3 OF
INSTENESS SUBDIVISION IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS ROSS ADDITION NO.
429; 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 Stanley and Clarene Ross, 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-17-02, dated April 25, 2017; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned R-4, Residential, on approximately 4 acres of land 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 the southern 605 feet of Lot 3 of
Insteness Subdivision in Section 19, Township 28N, Range 21 W, P.M.M.,
Flathead County, Montana be annexed to the City of Kalispell and the
boundary of the City is altered to so provide.
SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in
the City of Kalispell and shall be entitled to the same privileges and benefits
as are other parts of the City.
SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 5TH DAY OF JUKE, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1791
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS THE SOUTHERN 605 FEET OF LOT 3 AND THE
NORTHERN 150 FEET OF LOT 3 OF INSTENESS SUBDIVISION IN SECTION 19,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(CURRENTLY ZONED COUNTY R-1(RESIDENTIAL) AND CITY R-1(RESIDENTIAL)
TO CITY R-4 (RESIDENTIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Stanley and Clarene Ross, the owners of the property described above, petitioned the
City of Kalispell that the zoning classification attached to the above described tracts
of land, currently zoned County R-1 and City R-1, be zoned R-4, Residential, on
approximately 5 acres of land; and
WHEREAS, the property is located at the 500 Block of Sunnyside Drive; and
WHEREAS, the Ross' petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-17-02, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be
zoned R-4, Residential, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 9,
2017, and after considering the Staff Report #KA-17-02 as well as public comment
and discussion, recommended that the zoning be City R-4, Residential, pursuant to
Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Residential, the City Council finds the recommendation of the
Kalispell City Planning Board to zone the property as R-4, Residential to be
compatible with the existing neighborhood and consistent with the Kalispell Growth
Policy 2020 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
essential findings of fact of KPD as set forth in Staff Report No. KA-17-02.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above as R-4, Residential, on approximately 5 acres of
land.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and
effect.
SECTION 3. This Ordinance shall take effect from and after 30 days of its passage b ty he
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 19TH DAY OF JUNE, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ROSS ANNEXATION
ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION
STAFF REPORT #KA 17-02
KALISPELL PLANNING DEPARTMENT -
April 25, 2017
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request from Stanley and Clarene Ross to annex a four -acre tract of land into the city
limits with an initial zoning designation of R-4 upon annexation. A public hearing has
been scheduled before the planning board for May 9, 2017, 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
A request from Stanley and Clarene Ross to annex the southerly 4-acre portion of a 5-
acre parcel into the city and zone the land R-4 (Residential) upon annexation.
Currently, the northern 1-acre portion of the 5-acre property is within the city and
zoned city R-1. The southern 4-acre portion of the property is within the county and
zoned county R-1. Historically, city policy once allowed for portions of properties
fronting city right-of-ways to be annexed without annexing the remainder of the
parcel. Reasoning for this policy was because if the owner had no intentions of
developing the remaining portion of the property, they were not required to annex it in
for tax purposes. The ownership of the parcel recently changed and the new owners
would like to annex the remainder of the parcel into the city for potential development
with city services. In addition to zoning the 4-acre portion of the property R-4 upon
annexation, staff also recommends that the northern 1-acre portion of the property be
rezoned from city R-1 to R-4 so that the entire property shares the same zoning. The
property is currently undeveloped grasslands. Water and Sanitary sewer service are in
the vicinity of the property and upon annexation extensions can be constructed to
serve the entire property when development is requested.
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: Stanley and Clarene Ross
P.O. Box 2415
Kalispell, MT 59903
B. Location and Legal Description of Properties: The property is located at the
500 Block of Sunnyside Drive. The portion of the subject property to be annexed
can be described as the southern approximately 605 feet of Lot 3 of Insteness
Subdivision in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana. The portion of the subject property to be rezoned from city R-1
to city R-4 can be described as the northern approximately 150 feet of Lot 3 of
Insteness Subdivision in Section 19, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
C. Existing Land Use and Zoning: The subject property is currently undeveloped
grasslands-. The _zoning- on the- -area to —be annexed- 4s -county -R-- 1 (-Suburban—
Residential). This district is defined as "A district to accommodate estate -type
development. These areas would normally be located in rural areas away from
concentrated urban development, typically not served by water or sewer services,
or in areas where it is desirable to permit only low -density development (e.g.
extreme topography, areas adjacent to floodplains, airport runway alignment
extensions)."
The northern portion of the property within city limits is zoned city R-1
(Residential). The R-1 Zoning District is defined as "A transitional district
intended to provide for estate -type residential development and for the
performance of limited agriculture activities. This district would normally be
located in transitional area on the fringes of the city and serve as a buffer between
urban and rural/agriculture uses. Lots within this zoning district may have city
municipal water and/or sewer. This zoning district would typically be found in
areas designated as suburban residential on the Kalispell Growth Policy Future
Land Use Map."
D. Proposed Zoning: The proposed zone for the entire 5-acre property is city R-4
(Residential). The R-4 Zoning District is defined as "Comprised of primarily
single-family and duplex dwellings Development within the district would require
all public utilities, and community facilities. This zoning district would typically
be found in areas designated as urban residential on the Kalispell Growth Policy
Future Land Use Map." The R-4 Zoning District has a minimum lot size
requirement of 6,000 square feet and minimum width of 50 feet.
E. Size: The subject property is 5 acres.
F. Adjacent Zoning:
North: City R-4
East: City R-1 and County R-1
West: City R-4 and City R-1
South: County R-1
G. Adjacent Land Uses:
North: Single-family (including some townhouses)
East: Single-family, vacant land and Ashley Creek
West: Single-family (including townhouses) and vacant land
South: Vacant land and Ashley Creek
H. General Land Use Character:
The general land use category of the area can be described as a primarily single-
family residential. Much of the area directly to the south, west and east of the
2
subject property is located within FEMA Flood Zone adjacent to Ashley Creek. This
area will likely not be developed.
I. Utilities and Public Services:
City water and sewer mains are both located within Sunnyside Drive bordering
the property to the north. When annexed, the developer will be required to pay
the cost for the utility extensions. The design and sizing of water and sewer
extensions will be reviewed and approved by the Kalispell Public Works
Department prior to development of the site.
Sewer:
City of Kalispell if annexed
Water:
City of Kalispell if annexed
Refuse:
City of Kalispell if annexed
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwestern Energy
Telephone:
CenturyLink
Schools:
School District 5
Fire:
City of Kalispell if annexed
Police:
City of Kalispell if annexed
I. ANNEXATION EVALUATION
Compliance with the growth policy:
Two primary mechanisms for managing growth in the City of Kalispell exist
which are to rely on redevelopment and 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 11, Infrastructure and Public Services, contains
the following goal and policy that are relevant to this particular annexation
request:
Goal:
Make public water and sewer available to areas that are in close
proximity to services.
Policy:
2. Annexation to the City of Kalispell should be required when water and
sewer services are extended to an unincorporated area to provide services
for new development.
In addition, to this cited goals, 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 municipal services and annexation. The
property proposed for annexation falls inside the city's direct annexation
boundary.
3
2. Municipal Services:
Municipal water and sewer mains are located within Sunnyside Drive bordering
the property on the north and can be readily extended by the applicant to serve
the -site. - - - - - -- - -
The site is currently protected by the Smith Valley Rural Fire District and the
Flathead County Sheriffs 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 Fire Department. The site lies approximately 11/4
miles from fire station 61 and is readily serviceable by the city fire, police and
ambulance services, all of which now respond to the adjacent neighborhoods
within the City of Kalispell.
Given the level of existing services available to and in place, annexation of the
property will not overburden the municipal services in place.
3. Distance from current city limits:
The project site is currently partially within city limits and adjacent city limits
on the north, west and east, thus annexation will serve to be a logical
expansion of the existing city limits.
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. If annexed, the property owner will be extending
and connecting to city sewer.
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 cost to serve the land proposed for annexation is shown in the attached
cost of service analysis - Initial Annexation. As the property is vacant, a portion
of the site is already inside the city and paying city special assessments and
taxes and a development plan for the remainder of the property has not been
developed, the total cost of services is estimated to be $0 at this time. Based on
the city's taxation and assessment policies, the property will generate
approximately $2,953 in total annual revenue to the city ($866.57 in taxes and
$2,086.79 in assessments). Based on this analysis, the annexation will be net
gain to the city of approximately $2,953.
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 city R-1 and county R-1. The
applicants are requesting city R-4. The Kalispell Zoning Regulations state that
the R-4 Zoning District is "Comprised of primarily single-family and duplex
dwellings. Development within the district would require all pu—Wlc utilities, and —
community facilities. This zoning district would typically be found in areas
designated as Urban Residential on the Kalispell Growth Policy Future Land Use
Map."
1. Does the requested zone comply with the j4rowth policy?
The Kalispell Growth Policy Future Land Use Map designates the subject
property as Urban Residential. As stated 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. Therefore, the requested R-4 Zoning
District complies with the growth policy which anticipates the R-4 Zoning
District within the Urban Residential land use category.
2. Will the requested zone have an effect on motorized and non -motorized
transportation systems?
The requested zone will have a small effect on motorized and non -motorized
transportation systems if the property is developed, as the R-4 Zoning District
allows for higher density than the current R-1 Zoning District. Although a small
increase in traffic would be anticipated, it is not anticipated the development of
the site will negatively impact the transportation system. Any development of the
property that creates 300 or more vehicle trip per day would require a traffic
impact study. The traffic study evaluates the impacts the development has on
the traffic system and indicates mitigation necessary to maintain acceptable
levels of service.
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. All municipal services including police and
fire protection, water, and sewer service are available to the area.
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties.
5. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for development occurring on this
site are established in the Kalispell Zoning Ordinance to insure adequate light
and air is provided.
5
6. Will the requested zone promote compatible urbangrowth?
The requested R-4 Zoning District allows the property to blend into the urban
development already surrounding the property. This zoning district maintains
and is compatible with the established land use pattern in this area which is a
mixture of urban single-family residential development.
7. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available to the property. The
property is currently undeveloped. Upon annexation it will not require any city
additional services. The provision of public services will be defined when a
development proposal is crafted for the property.
8. Does the requested zone give consideration to the particular suitability of the
propertv for particular uses?
The proposed R-4 Zoning District is consistent with the surrounding urban
development of the area. The R-4 Zone also gives due consideration of the
suitability of this property for the permitted uses in the zoning district.
9. Does the requested zone give reasonable consideration to the character of the
district?
The proposed zoning is consistent with the character of the area which has
developed to an urban standard. The zoning of the
10. Will the requested zone avoid undue concentration of people?
The requested zone is consistent with the growth policy of Urban Residential and
surrounding city zoning district, which is also R-4. The R-4 Zoning District has a
maximum density of 3,000 square feet per unit (for duplex/townhouse), which is
an anticipated amount of density within this area of the city.
11. 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.
12. 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 water and sewer lines are
located immediately north of 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:
no
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-17-02 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the zoning for the entire property be R-4 (Residential).
7
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
_ _�va�r�.kalisncll.caminlannin�_
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLI,
MAIL ADDRESS:
CITY/STATE/ZIP:
INTEREST IN PROPERTY: ' 6 �L
Other Parties of Interest to be Notified:
d
LU
111
C)
LU
cc
w
cc
Q
W
0
CD
a
UJ
w
PHONE: -- o? 1�S,S� Fly
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP: PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: ,/V/4 fj
Legal Description:
t� (Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac):j� afc
Current estimated market value -300-n. at 50% build out
at 100% build out'(1
Is there a Rural Fire Department RSID or Bond on this property Yes No
If yes remaining balance is $
The present zoning of the above property is:
The proposed zoning of the above property is: }� �—f -
State the changed or changing conditions that make the proposed amendment necessary:
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.
-IR 3 7L--
(Applicant) (Date)
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
1. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede
filing of this application. Among topics to be discussed 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.
3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District
form, including an Exhibit A, legal description of the property,
4. Application fee based on the schedule below and made payable to the City of
Kalispell.
Fee Schedule:
Annexation (includes initial zoning)
$250 plus $20/acre
5. A bona fide legal description of the property from a recent survey, title report or
deed which accurately describes the property to be annexed.
L
0
(�:nm<o.g
aroo�o
3m-+m3
y.O O 3 a ((pp C
f0 N 'Q
a'o oroii o;@
ac�°m0 3
ao�
m 2 o F.
g a > > m
N O a
N a N 3 a 0
a° oc m ,
N H ci a
d�aa aQm
m' m ro
V N _ 09 0
m c .0 N c
om��^2o
m sro o.�m
o;mm
o a c a
CL m
p y C
�H.0
ao �
0 00 a
ZR
a
U o a ro n a
cSSo.�� w
y ro o 0 3 3
0 0 o o ro
O O j .a..0. I^,
" 0 0
ro . L
p N 0 ro
m >
'a
N
m m Q
M @ 0
R a �
0
m O a
£- m n
w ��3 a
0-0
t so
O
0 0
0
o ,
o N
co
Ol
co
w
n
7
N
OD
N
0
is
-r05z
)())\\
oRKE°!
(27}(\
q\|&f\
!}®\§{
!)03-B
3"Am
3§ks®f
\\\)\i
_fit§
,/\}\}
\\\\
ant00
/ƒ)(�{
§z!«\ƒ
W.0to
§)J)ƒ§
UM
\3
/2Og
0
[ƒ}ƒ (
GE 7
UPS
]
�)0C $
\\/\ )
Return to:
Aimee Brunckhorst
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same mariner 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) firth q hergin ex a intent to have the property as herein described
withdrawn from the , arqss , n nral Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and flut- 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 set -vices. 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.
Pet' Date
.- / 77-
/ulyu_ 2(4�.�X- ,) 1 7
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
"M W#12-UT [#]kjj VF.J-jj,�s?
ss
County of Flathead County
On this a day of�,,LZ before me, the undersigned, a Notary Public for
the State of Montana, personally appeared A &Q9N!SQ P, at". known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the sarne.
IN WITNESS WHEREOF, I have hereunto Set my hand and affixed my Notary Seal the day and
at, ceig A l EyVbiVA-U-4
AR NOTARY PUBLIC for the
- State of Montana
AL Residing at Kalispell, Montana
NfgrFOF My Commission Expires
Notary Public, State o Monta
Printed
-.--,August 29, 2020
Residing at
My Commission expires: t,..qk
-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
Printed Name
Residing at
My Commission expires: