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H1. Reso 5839 - Ord 1798 - KisPUNNING FOR THE FUTURE FIT (I)a`M 16 1��%1 REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KA-17-04 — Annexation and Initial Zoning of RA-1 (Residential Apartment) for Louis and Eileen Kis MEETING DATE: October 2, 2017 BACKGROUND: A request from Louis and Eileen Kis to annex the easterly portion of a .43-acre parcel into the city and zone that portion of land City RA-1 upon annexation. The eastern area of the parcel is currently within the county and zoned County R-4; whereas, the western portion of the parcel is within the city and zoned City RA-1. The annexation request and initial city zoning classification was 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 property is located at 1541 5th Avenue East and can be legally described as Parcel A of Certificate of Survey 4916 in the Southwest 1/4 of Section 17, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing September 12, 2017, to consider the application request. Staff presented staff report KA-17-04 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 Kalispell City Council that the annexation and initial zoning request be granted. There being no public testimony, the public hearing was closed and a motion was presented to adopt staff report KA-17-04 as findings of fact, and recommend to the Kalispell City Council that the property be annexed and the initial zoning of the property upon annexation be RA-1. Board discussion concluded that the requested annexation and zoning was appropriate and the motion passed unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 5839, 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 easterly 88.5 feet of Parcel A of Certificate of Survey 4916 in the Southwest 1/4 of Section 17, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1798, 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 easterly 88.5 feet of Parcel A of Certificate of Survey 4916 in the Southwest 1/4 of Section 17, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, to City RA-1 in accordance with the Kalispell Growth Policy Plan — It 2035, 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 5839 Ordinance 1798 Annexation and initial zoning Staff Report KA-17-04 Minutes of the September 12, 2017, Kalispell Planning Board and Application Materials c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5839 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 PARCEL A OF CERTIFICATE OF SURVEY #4916 IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS KIS ADDITION NO. 432; 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 Louis and Eileen Kis, 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-17-04, dated August 30, 2017; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City RA-1, Residential Apartment, on approximately .43 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 Parcel A of Certificate of Survey #4916 in the Southwest Quarter of Section 17, Township 28 North, Range 21 West, 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 2ND DAY OF OCTOBER, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1798 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 PARCEL A OF CERTIFICATE OF SURVEY #4916 IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (CURRENTLY ZONED COUNTY R-4 (RESIDENTIAL) TO CITY RA-1 (RESIDENTIAL APARTMENT)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Louis and Eileen Kis, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned County Residential, be zoned RA-1, Residential Apartment, on approximately .43 acres of land; and WHEREAS, the property is located at 1541 Fifth Avenue East; and WHEREAS, the Kis' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-17-04, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA-1, Residential Apartment, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September 12, 2017, and after considering the Staff Report #KA-17-04 as well as public comment and discussion, recommended that the zoning be City RA-1, Residential Apartment, 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 RA-1, Residential Apartment, the City Council finds the recommendation of the Kalispell City Planning Board to zone the property as RA-1, Residential Apartment, to be compatible to the existing neighborhood and 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 essential findings of fact of KPD as set forth in Staff Report No. KA-17-04. 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 RA-1, Residential Apartment, on approximately .43 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 by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS _ DAY OF OCTOBER, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk KIS ANNEXATION ANNEXATION AND INITIAL ZONING OF RA-1 UPON ANNEXATION STAFF REPORT #KA-17-04 KALISPELL PLANNING DEPARTMENT August 30, 2017 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Louis and Eileen Kis to annex the easterly 6,903 square feet of a 18,731 square feet parcel into the city and zone that portion of land city RA-1 upon annexation. A public hearing has been scheduled before the planning board for September 12, 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 Louis and Eileen Kis to annex the easterly 6,903 square feet of a 18,731 square feet parcel into the city and zone that portion of land city RA-1 upon annexation. The eastern area of the parcel is currently within the county and zoned county R-4; whereas, the western portion of the parcel is within the city and zoned city RA-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 owners would like to annex the remainder of the parcel into the city. The property is currently developed with a duplex. 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: Louis and Eileen Kis 340 N. Foys Road Kalispell, MT 59901 B. Location and Legal Description of Properties: The property is located at 1541 5tn Avenue East. The area to be annexed can be legally described as the easterly 88.5 feet of Parcel A of Certificate of Survey 4916 in the Southwest I/4 of Section 17, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. C. Existing Land Use and Zoning: The subject property is developed with a duplex. The zoning of the easterly portion of the property to be annexed is county R-4 (Two family residential) and the western portion is city RA-1 (Residential Apartment). 1 D. Proposed Zoning: The proposed zoning of the easterly portion of the property is city RA - I, which is the same zoning of the westerly portion of the property within city limits. E. Size: The subject property is .43 acres. F. Adjacent Zoning: North: City RA-1 East: County R-4 West: City RA-1 South: City RA-1 and County R-4 G. Adjacent Land Uses: North: Single-family East: Single-family West: Multi -family South: Multi -family and single-family H. General Land Use Character: The area is in transition from rural to high density. Much of the area was originally developed in the county, however, over time the area has acted as an infill development area with multi -family apartment complexes being developed in the immediate vicinity, taking advantage of the properties access to city services. I. Utilities and Public Services: City water and sewer mains are both located within 5"' Avenue East at the properties western property line. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 Fire: City of Kalispell Police: City of Kalispell I. ANNEXATION EVALUATION l . Compliance with the growth polices 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 2 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, Infrastructure and Public Services, contains the following goal and policy that are relevant to this particular annexation request: Goals: Policy: Work to incorporate all users of city water and sewer services into the city. 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. 2. Municipal Services: Municipal water and sewer mains are located within 5t' Avenue East bordering the property on the west. The site lies approximately 1 mile from fire station 61 and is readily serviceable by the city fire, police and ambulance services, all of which now respond to the property since a portion of the property is within the City of Kalispell. The applicant has submitted a Notice of Withdrawal from Rural Fire District for the portion of the property currently within the county. Given the level of services currently serving the majority of the property, annexation of the remainder of the property will not overburden the municipal services in place. 3. Distance from current citv limits: A portion of the subject property is already within city limits, thus annexation of the easterly portion will serve to be a logical expansion of the existing city limits. 4. Cost of services: As a majority of the subject property is in the city and developed with a duplex, the property is already receiving city services and paying city taxes and assessments for those services. No additional services will be provided by this annexation; however, the owner may see a small increase in assessments based of the additional square feet of land being brought into the city. If at anytime the property is developed with anything other than a duplex, additional services would be addressed at that time. 3 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-4. The applicants are requesting city RA-1. The Kalispell Zoning Regulations state that the RA-1 Zoning District is "A residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks, or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." 1. Does the requested zone comply with the growth polio The Kalispell Growth Policy Future Land Use Map designates the subject property as High Density Residential in the western portion and Urban Residential in the eastern portion. High Density Residential allows for forty (40) dwelling units per acre and Urban Residential allows for twelve (12) dwelling units per acre. The Growth Policy Plan -It 2035 encourages infill development to lessen impacts on sensitive lands and provides additional housing opportunities where services are available. Changing the zone of the eastern portion of the lot to RA-1 will allows for infill development of the lot to an appropriate density, and is the appropriate zone given all the properties within city limits in the vicinity of the subject property have the RA-1 Zone designation. 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 further developed, as the RA-1 Zoning District allows for higher density than the current R-4 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. E 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. 6. Will the requested zone promote compatible urban growth? The requested RA-1 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 multi- family and 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 serving the property. Any necessary improvements to the 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 property for particular uses? The proposed RA-1 Zoning District is consistent with the surrounding multi -family development in the immediate vicinity. The RA-1 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 of RA-1 is consistent with the character of the area in the vicinity of the property within Kalispell city limits, which are also located within the RA-1 Zone. 10. Will the requested zone avoid undue concentration of people? The requested RA-1 Zone is consistent with the growth policy land use designation of High Density Residential and Urban Residential, and surrounding city zoning district of RA-1. The RA-1 Zoning District has a maximum density of 3,000 square feet per unit, 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 RA-1 Zoning District will promote compatible and like uses on this property as are found on other properties in the area. 5 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, sewer lines and city street are located immediately west 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: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-17-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be RA-1 (Residential Apartment). C KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING September 12, 2017 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, George Giavasis, Doug Kauffman, Ronalee Skees, Rory Young and Steve Lorch. Christopher Yerekes was absent. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Lorch seconded a motion to approve the minutes of the August 8, 2017 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. KIS ANNEXATION A request from Louis and Eileen Kis to annex the easterly 6,903 square feet of an 18,731 square feet parcel into the city and zone that portion of land city RA-1 upon annexation. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report #KA-17-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-17-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be RA-1 (Residential Apartment). BOARD DISCUSSION Young asked if the lots behind the proposed property would be landlocked. Nygren advised the properties are already are landlocked and that the annexation and zoning will not change that situation, nor keep those properties from obtaining access in the future. PUBLIC HEARING None. MOTION Kauffman moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-17-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be RA-1 (Residential Apartment). BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. BLOOMSTONE A request from Kalispell National Investment Company, LLC for a major subdivision to be known as Bloomstone Phases 2, 3, 4, 5 and 6. A major subdivision was previously approved for Bloomstone in 2008 for 569 dwelling units on 85 acres of land. The subdivision approval for Bloomstone in 2008 has since expired, necessitating an updated Kalispell City Planning Board Minutes of the meeting of September 12, 2017 Paged application. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report #KPP-17-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-17-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bloomstone Phases 2-6 be approved, subject to the 27 conditions in the staff report. Nygren did recommend to the planning board that they consider amending conditions 16 & 17 to state that the waterline shall be looped through the remainder parcel, to clarify where the loop will occur. BOARD DISCUSSION Lorch asked about the 569 previously approved dwelling units and if that was the maximum as the development proceeds. Nygren advised that there is a PUD on the property and the proposed subdivision is within allowable densities of that PUD. As the development progresses in the future on the remainder parcel, a subdivision will submitted on that parcel and it will be evaluated at that time for its compliance with the PUD and associated densities. PUBLIC HEARING None. MOTION Skees moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-17-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bloomstone Phases 2-6 be approved, subject to the 27 conditions in the staff report which include amended conditions 16 and 17 recommended by staff. BOARD DISCUSSION Chad noted he is happy to see the project finally moving forward, Skees agreed. Young asked how staff plans on getting to the 2/3rds threshold when they don't know what's going in for phases 3, 5 & 6. Nygren advised that there is a lot of infrastructure that has already been put into place on Treeline so it's all there and ready to go so they are not concerned at this time. ROLL CALL The motion passed unanimously on a roll call vote. KALISPELL GROWTH POLICY A request by the City of Kalispell to amend the Kalispell Growth Policy PLAN -IT 2035 — DOWNTOWN Plan -It 2035 by including "The Downtown Plan" as neighborhood plan PLAN within the growth policy. The Downtown Plan takes a careful and considerate look at Kalispell's historic downtown and courthouse corridor. MOTION TO REMOVE FROM Lorch moved and Giavasis seconded a motion to pull the Kalispell TABLE Growth Policy Plan -It 2035 — Downtown Plan from the table and open up for discussion. Kalispell City Planning Board Minutes of the meeting of September 12, 2017 Page12 ROLL CALL The motion to remove from the table passed unanimously on a vote of acclamation. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed File #KGPA-17-02. Nygren briefly mentioned the changes that the board wanted made at the previous meeting on August 8, 2017 based on the public comment that had been received. He advised there have been no additional public comments since that time. BOARD DISCUSSION Lorch asked if the board needs to consider the counties recent motion of maintaining the courthouse couplet as a four lane vs. a two lane and possibly addressing it in the plan. Nygren added that it is addressed in the plan and that it explains why the four lanes in staff's opinion would be a bad idea. Jentz noted that this plan is the cities vision but that all parties involved will be working together in the near future regarding the Main Street improvements. MOTION — AUGUST 8, 2017 Lorch moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission approve the Downtown Plan as an amendment to the Kalispell Growth Policy Plan -It 2035 and authorize the planning board president to sign Resolution #KGPA-17-02, a resolution amending the Kalispell Growth Policy Plan -It 2035 by approving the Downtown Plan as a neighborhood plan. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT The meeting was adjourned at approximately 6:31pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on Tuesday, November 14, 2017 at 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1 st Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of September 12, 2017 Page 13 PUNNING FOR THE FUTURE Planning Department 201 V Avenue East Kalispell, NIT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.eom/Alannin2 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: Louis M. and Eileen D. Kis MAIL ADDRESS: 340 N Foys Lake Road CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406-212-7855 INTEREST IN PROPERTY: Owner Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: CITY/STATE/ZIP: PHONE: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the property: 1541 5th Ave East, Kalispell, MT 59901 Legal Description: 5 - 19+ and specifically the eastern 88.85 ft portion 5 - 19+ (Lot and Block of Subdivision. Tract #) Section 17, T28N R21 W (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): 0.428 ac Current estimated market value $29,885.00 at 50% build out unknown at 100% build out unknown Is there a. Rural Fire Department RS1D or Bond on this property Yes No X If yes remaining balance is S N/A The present zoning of the above property is: County, Willow Glen District, R-4 The proposed zoning of the above property is: City of Kalispell, RA-1 State the changed or changing conditions that make the proposed amendment necessary: This property is part on a single lot 5-19+; parcel A of COS 4916. The eastern portion of the parcel is in the county while the majority of the parcel is in the city of Kalispell. The owners desire that the entire parcel be included into the city by annexation of the eastern portion of the parcel. 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. zfltk� / '7Z1 Z-OI (Applicant) (Date 1 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. 2 Legal Description of Property to be Annexed: The easterly 88.5'of Parcel A as shown on C.O.S. 4916 in the 5W 114, Section 17, T28N R21 W, P.M., M. Flathead County, Montana. Return to: Aimee Brunekhorst 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 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 express an intent to have the property as herein described withdrawn from the South Kalispell 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 cotmect 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. Pe' tionerlOwtler Da a �� c- 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 -f' day of [ r' , before me, the undersigned, a Notary Public for the State of Montana, personall appeared i!�,' ,/./^g 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 t 0 locate first NE'U&en. NOTARY PUBUC far the * SEAL State of Montana ary Pu tate of Montana Residing at Kalispell, Montana printed Name ,�i�l ft l�ii� 9r�OF Moa,�y? My Commission E.�pires Resi ding a January 03, 2021 t !,�A1 My Commission expires: 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 Cotzunission expires: CERTIFICATE SWIM, Sec. P\ P M., M., Flat 5 ;� 1 Fd pair Sea � �,, �}rQ•2� tt"t tt o00,V� X + /F 1 `' 1 X, D� 8, �W � ppcG�l 'So f 5U' � �i ke• o� Go pc)_W Ahboro A,ior, aceu raqu;red t5 {48 t, G �g Sl y _ ' O °h ao�e. tt O_ R--d p—j—d —4— i:..� i 440us4 se<a'.:a�.-,nlath� � p„ws•°,,�-•'•',n� \ t� �`a _ —. 4444 1 Leland 9eA 318" x 2q" rebac vJ�tY, ptasi :c ��' ���777 cop damped '2484 ES' � Found po:n� os noted 1 1 � i 3co1e.. i"• 50' Z ,a YJ er qep` i�QLQ�a� i L DURABLE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That 1, Louis M. Kis of Kalispell, Montana have made, constituted and appointed, and by these presents do make, constitute and appoint Eileen D. Kis my true lawful attorney (my agent), for me and in my name, place and stead, to act for me with respect to the following: (a) ask, demand, sue for, collect and receive all sums of money, dividends, interest, pay- ments on account of debts and legacies, and all property now due or which may hereafter become due and owing to me, and give good and valid receipts and discharges for such payments; (b) sell, assign and transfer stocks and bonds and securities standing in my name or be- longing to me; (c) buy and sell property of all kinds in my name and for my account and at such prices as shall seem good to her; (d) sign, execute, acknowledge and deliver in my name all transfers and assignments of securities; (e) sign and execute IRA Designation or Change of Beneficiary Forms, custodial account agreements and other agreements pertaining to my IRAs; (f) borrow money and to pledge securities for such loans if in the judgment of my attor- ney such action should be necessary; (g) consent in my name to reorganizations and mergers, and to the exchange of securities for new securities; (h) manage real property, to sell, convey and mortgage realty; (i) foreclose mortgages and to take title to property in my name if she thinks proper; 0) execute, acknowledge and deliver deeds of real property, mortgages, releases, satisfac- tions, and other instruments relating to realty which she considers necessary, wherever such property is situated; (k) place and effect insurance; (1) do business with banks and particularly to endorse all checks and drafts made payable to my order and collect the proceeds; (m) sign my name on checks on all accounts standing in my name, and to withdraw funds from said accounts, to open accounts in my name or in her name as my attorney -in -fact; (n) have access to, and remove the contents from, or add to the contents of, any and all safe deposit boxes standing in my name; (o) make such payments and expenditures as may be necessary in connection with any of the foregoing matters or with the administration of my affairs: (p) prepare, execute and file income and other tax returns, and other governmental re- ports, applications, requests and documents; (q) make annual gifts to charitable, religious, educational, public and governmental or- ganizations and to herself and to any one (1) or more of my relatives and friends; provid- ed, however, the gifts to each individual donee for any calendar year shall not exceed the amount by which the annual gift tax exclusion available to me under federal gift tax law (Internal Revenue Code Section 2503(b) ) for such donee exceeds prior gifts to such do- nee during such calendar year in which I am the donor. I have and will further discuss with my attorney -in -fact my wishes in that regard; (r) exercise on my behalf the power to disclaim gifts, devises or transfers of any kind made to me within the meaning of Section 215 of the U.S. Internal Revenue Code of 1986 and as amended, and within the meaning of the renunciation of succession provision of Section 72-2-101, M.C.A., as amended, governing succession of property; HEREBY GIVING AND GRANTING to ("each of" or "any one") my attorney(s) full power and authority to do and perform all and every act and thing whatsoever necessary to be done in the premises, as fully to all intents and purposes, as I might or could do if personally pre- sent, with full power of substitution and revocation, hereby ratifying and confinning all that my said attorney may do pursuant to this power. The above grant is also general authority to act for me with respect to the following list as defined in the Uniform Power of Attorney Act, Title 72, Chapter 31, Part 3: Real Property Estates, Trusts, and Other Beneficial Interests Tangible Personal Property Claims and Litigation Stocks and Bonds Personal and Family Maintenance Commodities and Options Benefits from Governmental Programs or civil or Banks and Other Financial institutions military Service Operation of Entity or Business Retirement Plans Insurance and annuities Taxes In the event Eileen D. Kis shall be unable or unwilling to act as my attorney -in -fact as set forth herein, or shall be disabled or incompetent, I then hereby designate Monika R. Schulze, Angela Schulze and Michael R. Schulze as attorneys -in -fact to exercise the powers set forth herein. This Power of Attorney is effective immediately and shall not be affected by disability or incapacity of the principal or lapse of time. ,,, /' IN WITNESS WHEREOF, I have hereunto set my hand and seal on April � 2014. STATE OF MONTANA ss. County of Flathead Louis M. Kis On April /�/_ 2014 before me, the undersigned, a Notary Public for the State aforesaid, personally appeared Louis M. Kis known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. C. MARK HASH NOTARY PUBLIC for the State of MontanaResidivng at Kalispell, Montana aML Mark Rash ommission Expires ha 47 nnYc Attorney -in -Fact Angela Schultze, Attorney -in -Fact Monika R. Schulze, Attorney -in -Fact Michael R. Schultze, Attorney -in -Fact