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Staff Report/Annexation & ZoningREPORT TO: FROM* SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2"d Stream East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751- 1850 Fax: (406) 751-1858 Website: kaf ispellplanning. corn Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Ma.thiason - Annexation and Initial Zoning of R-3, Urban Single Family residential February 5, 2007 BACKGROUND: The Kalispell City Planning Board met on January 9, 2007 and held a public hearing to consider a request for annexation and an initial zoning designation of R-3, Urban. Single Family Residential, on approximately 2 acres. The property proposed for annexation and *initial zoning is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley Vier Drive and Foys Lake Road. The property address is 115 Valley View Drive and the property can be described as Assessor's Tracts 3DE and 3DEA located in Section 13, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana. Sean Conrad of the Kalispell Planning Department, presented staff report #KA-06-16 and evaluated the proposal. He noted the proposed subdivision plans for the property and that staff` is recommending approval of the proposed R-3 zoning. At the public hearing Olaf Ervin of Montana Mapping Associates spoke in favor of the subdivision. No one else wished to speak and the public hearing was closed. The board discussed the requested zoning district and a motion was made to recommend approval of the proposed R-3 zoning upon annexation to the city. The motion passed unanimously. RECOMM:E TDATION: A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning would be in order FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Mathiason -- Annexation and Initial. Zoning January 29, 2007 Page 2 Respectfully su 'tted, r ' r r Sean Conrad Senior Planner Report compiled: January 29, 2007 Attachments: c: Theresa White, Kalispell City Clerk James H. Patrick City Manager KA-06-16 Mathiasoa Aaaexat3on Cost of Services Analysis (Residential) 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. The cost of services analysis below is based on the property owners intent on subdividing the land into 6 residential lots. The property owners have filed a preliminary plat request, staff report KPP-06-17, in conjunction with their annexation request. Number of Dwelling Units ro osed to be annexed 6 single family houses Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 13 Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department • Administration: $39.48. Additional cost to administration. Solid Waste: Additional cost to solid waste • Loads: $193.56 per dwelling unit Additional cost in road maintenance 13x68.84 =$895 13 x 110.00 = $ 11430 13 x 39.48 = $ 513 (none for five years)'_ $ 6 x 193.56 =$ 1,161 • Water: $221.21 per ERU (Equivalent Residential Unit) Additional cost in water line maintenance 6 x 221.21 = $ 11327 • Sewer: $329.64 per ERU Additional cost in sewer maintenance 6 x 329.64 $ 11977 ■ Storm.water: $72.68 per ERU Additional cost in storm maintenance 6 x 72.65 = $ 436 Total Anticipated Cost of Services: $7,1739 Antics to d Revenue Generated X 1 Assessments based on square foo Average square foot per lot: 8,500 square feet • Storm sever assessment $0.004480 per square foot (capped at �/2 acre for residential) Revenue from storm sewer assessments 6 x 8,500 x $0.004480 = $ 228 • Street maintenance assessment $0.0101 per square foot (capped at �/2 acre for residential) Revenue from street maintenance assessments 5 x 8,500 x $0. 0101 $ 515 • Urban forestry assessment $0.00135 per square foot (capped at $150 for residential) Revenue from urban forestry assessments 6 x 8,500 x $0.00135 $ 58 • Special Assessments: There are no special assessments. - $ 0 • Light maintenance assessment $0.003 per square foot (no cap) Revenue from light maintenance assessment 6 x 8,500 x $0.003 = $ 153 Total AnticiRgted Revenue From Assessments: $964 • Water system impact fee $2,155 per residence Revenue from water system impact fee 6 x $2,155 = $ 12,930 • Wastewater impact fee $2,433 per ERU (A single family home is (1) ERU) Revenue from wastewater impact fee 6 x $2,433 = $ 14598 • Stormwater impact fee $1,092 per ERU (A single family home is (1) ERU) Revenue from stormwater impact fee 6 x $1,092 = $ 6,552 • Police impact fee $43 per unit (single family residential) Revenue from police impact fee 6 x $43 = $ 258 • Fire impact fee $533 per unit (single family residential) Revenue from fire impact fee 6 x $533 = $ 31198 Total Anticipated Revenue From Imvact Fees: 37 536 General revenue: • Assessed value per property: $ 200,000/house Total assessed value: 6 x 200,000 = $ 112007000 Total taxable: 1,200,000 x 0.03543 = $ 42516 • Total additional general revenue based on 170 mill levy: $42,516 x 0.170 Total Revenue Generated to the City _ 72227 $45,727 F NET ADDITIONAL ANNUAL EVENUE TO THE CITY; 37988 NOTE: This information is based upon assumptions regarding building valuations and does not tale into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. 3 City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispellplanning. com January 29, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MIT 59903 Re: Mathiason - Annexation and Initial zoning of R-3 Dear Jim: The Kalispell City Planning Board met on January 9, 2007 and held a public hearing to consider a request for annexation and an initial zoning designation of R-3, Urban Single Family Residential, on approximately 2 acres. The property proposed for annexation and initial zoning is located on the east side of Valley Vieux Drive approximately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. The property address is 115 Valley Vieux Drive and the property can be described as Assessor's Tracts 3DE and 3DEA located in Section 13, Township 28 North, Range 22 west, P. M . M. , Flathead County, Montana. Sean Conrad of the Kalispell Planning Department, presented staff` report #KA-06-16 and evaluated the proposal. He noted the proposed subdivision plans for the property and that staff is recommending approval of the proposed R-3 zoning. At the public hearing Olaf Ervin of Montana Mapping Associates spoke in favor of the subdivision. No . one else wished to speak and the public hearing was closed. The hoard discussed the requested zoning district and a motion was made to recommend approval of the proposed Rr-3 zoning upon annexation to the city. The motion passed unanimously. Please schedule this matter for the February 5, 2007 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Mathiason Annexation and. Initial Zoning January 29, 2007 Page 2 Sincerely, Kalispell City Planning i r, g Board Timothy Norton President Attachments: Exhibit A - Petition to Annex Staff report #KA--06-1 6 and application materials Draft minutes from the 1 /9/07 planning board meeting c w/ Att: Theresa white, Kalispell City Clerk c w/o Att.- Names and Peggy Mathiason 115 Valley View Drive Kalispell, MT 59901 Montana Mapping Associates, Inc. 1405 Hwy 2 'L]Llest Kalispell, MT 59901 MATHIASON REQUEST FOR INITIAL ZONING OF R- 3 UPON ANNEXATION K.ALISPELL PLANNING OFFICE STAFF REPORT #KA-06-16 DECEMBER 26, 2006 A report to the Kalisp ell City Planning Board and the Kalispell City council regarding a request for an initial zoning designation of R-3 upon annexation to the city of Kalispell on. approximately 2 acres. A public hearing has been scheduled before the planning hoard. for January 9, 2007 be ' g 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. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 2 7. 03.010 (4) of the Kalispell Zoning ordinance. The petitioner would like to annex in order to receive City services and subdivide the 2 acre property into 5 lots. A. Petitioner and Owners: Jaynes and Peggy Mathiason 115 Valley View Drive Kalispell., MT 59901 Teccal Assistance: Montana Mapping Associates, Inc. 1405 Hwy 2 West Kalispell, MT 59901 (406) 752-3539 B. Location. and Legal Description of Property: The property proposed for annexation is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. The property address is 115 Valley View Drive and the property can be described as Assessors Tracts 3DE and. 3DEA located in Section 13, Township 28 North, Range 22 west, P.M.M. , Flathead County, Montana. C. ERisting zoning: The property proposed for annexation is in the County zoning jurisdiction and is currently zoned R- 1, Suburban Residential. This district is defined as "A district to provide estate -type development located in rural areas array fromconcentrated urban development, typically not served by water or sewer services, or m areas where it is desirable to permit only low -density development." Permitted uses in this district are generally limited to residential uses. The um lot size requirement of the County R- 1 zoning district is one acre. D. Proposed Toning: The proposal would designate approximately 2 acres as R-3, Urban Single Family Residential. The R-3 zone allows single-family residences as permitted uses and has a minimum lot size requirement of 7,000 square feet and a lot width of 60 feet. E. Size: The property proposed for annexation and zoning contains approximately 2 acres. P. E2isting Land Use: The property proposed for annexation is currently developed with a single family residence and several outbuildings. The property owners intend to further subdivide the property into single-family lots should the annexation and initial zoning be approved. G. Adjacent Land Uses and zoning: The area can be described as being located on the fringes of urban development. Having suburban residential development to the north, south and west. The proposed Highway 93 bypass would be located immediately east of the site. Forth: Single --family residential., County R-1 South: Single --family residential, County R-1 East: Highway 93 bypass and Single-family residential, County R-1 West: Single --family residential, County R-1 H. General Land Use Character: The general land use of the area is rural in character with suburban residential development to the north, south and vest. A 200-foot swath of land immediately east of the site will be used for the future Highway 93 bypass with rural residential development to the east of the future bypass. I. Utilities and Public Services: All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Severer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Gas: Northwestern Energy Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department 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. 1. Does the requested zone comply with the Growth Pali ? On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth Policy which designates the 2 acre project site as Suburban Residential. The Suburban Residential land use designation anticipates a density of up to 4 dwelling units per gross acre. This area is proposed for R-3, a Residential zoning designation that anticipates single-family homes as the primary use on lots not less than 7,000 square feet in size. The proposed zoning designation complies with the future land use designation of Suburban Residential and can be considered to be appropriate for the area. 2. Is the re uested zone designed- to lessen con. estion in the streets? Once the property is further developed, all of the new development will be constructed to City standards. Traffic in the area will increase insignificantly. The requested zoning designation and subsequent development of the site will not lessen congestion in the streets in the area, but this level and type of development is anticipated to occur as development of the area continues. 3. will the reguested zone secure safely from fire pan4c dangers? and other daers? 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. New construction will be required to be in compliance with the building safety codes of the City which relate to fire and budding safety. All municipal services including police and fire protection, water and sewer service is available to the area and will be extended as part of the development of this property at some point in the future. 4. Will the requested zone vromote the health 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 and providing a place for new housing in the community. 5. will, the requested zone rovide for adequate light and air? Setback, height, and 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 Prevent the overcrowding -of land? As previously noted this area has been anticipated for suburban residential development. Public water and sewer are in close proximity to the site and an R-3 zoning designation is appropriate. Currently this property is in the county jurisdiction and is zoned R-1 but the owners would not have access to public severer and water without annexation. 7. will the requested zone avoid undue concentration of people? Increased concentration of people in this area will likely result after this land has been converted from a rural residential use to a more intensive urban residential use. However, mum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed.. 3. Will the requested zone facilitate the ado uate provision of transportation, water, sewerage,.,schools arks and other pjLblic requirements? Public service, facilities and infrastructure would be made available to the N 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. Development should be encouraged in areas where these services are available. 9. Does the reguested zone 've consideration to the articular suitability of the property for particular uses? The proposed zoning furthers the long range development plans as reflected in the Kalispell Growth Policy for this area and provides opportunities for additional housing types in a development that is compatible with surrounding residential land uses with the extension and provision of public services. This rezoning gives consideration to the suitability of this property for the permitted uses in the district. 10. Does the requested zone give -reasonable consideration to the character of the district? The general character of the area is transitional between the urban and rural / agricultural use on the 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. 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? Value of the buildings in the area will be conserved because the R-3 zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. will the re uested zone encourage the most a ro riate use of the land throughout the munici all ? Urban scale residential development should be encouraged in areas where services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the future land use designations for the area and surrounding zoning. RE OMAE NATION It is recommended that the Kalispell City Planning Board and zoning Commission adopt Staff Report #KA--06--1 6 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-3, Urban Single Family Residential. SC 21 City of Kalispell Planning Department D . ECEUVE t" ALISPELL PLANNNG DEPARTMLENT 17 - ?'�` Street East. Suite -11 I, Kalispell, .Montana 59901 Telephone: (406) 75.1-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: MAIL ADDRESS: "tea,( pt?_Ot it CITY/STATE/ZIP:` Ka`�,,0 0 /YCT-.��L�� PHONE: INTEREST IN PROPERTY: k Other Parties of Interest to be Notified: PARTIES of INTEREST: MAIL ADDRESS: CITY/STATE/ZIP: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: PHONE: Address of the property:` Legal Description- ' ` �- (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) The resent zoning of the above roe is: - y P g property The proposed zoning of the above property is: C.J-f CF f State the changed or changing conditions that make the proposed amendment necessary: u_,�vA <, k__ _A�_� 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. (Applicant) (Date) Return to: Theresa White 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 theJ M r4h 1 a, i Rural Fire District under the provisions of Section 7--3 3 -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 5 years, from date of annexation. .. oner/owne _ Date i PetitinrAbwner 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 day of , 6 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared ��a-5 6 t , k -" 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 R F Year ca1Z n. ; sZAL ftsdWst Kab*, MNWK Notary Public -State of...Montana �� -- -0 Residing at CW M Commission. ex i C - 7 Y p •--� .� ��. STATE of MONTANA } ss County of Flathead County On this L3 day of kj2at:���^ , before nee, the undersigned, a Notary Public for the State of Montana, personally appeared � 14 A 7known 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 any Notary Seal the day and year in t ' ificate first above written. Not Public State of Montana �St�� ' .t AL Residing at My Commission expir : Q '7 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 Exhibit A Mathiason Annexation KA-06- l6 Legal Ike se rip do n The property is described as: Parcels A & B of Certificate of Survey No. 14634 in Section 13, Township 28 North, Range 22 West, P.M.M. , Flathead County, Montana. Pnrrei A A tract of land, situated, lying, and being in the SE 1/4- of the SE -1/4 of Section 13, Township 28 North, Range 22 Nest, Principal Meridian, Flathead County, Montana, and being more particularly described as follows: Beginning at a 5 / 8" rebar from which the south one --sixteenth section corner for Section 13, Township 28 Forth, Range 22 west and section 18, Township 28 North, Mange 21 west bears N 18°51'58" E a distance of 885.27 feet; thence S 82'29'11" W a distance of 342.70 feet to a 5/8" rebar on the easterly right of moray of Valley View Drive; thence continuing S 82'29'11" W a distance of 30.78 feet to a point; thence N 20°27'06" ELT a distance of 104.47 feet to a point; thence N 77°58'57" E a distance of 30.33 feet to a 5 /8" rebar; thence continuing N 77°58'57" E a distance of 360.23 feet to a 5/ 8" rebar; thence continuing N 77°58'57" E a distance of 1.94 feet to a 5 / 8" rebar; thence S 09°5535" E a distance of 132.75 feet to the Point of Be g; Containing 1.03 acres more or less. Subject to all appurtant easements of record, Parcel B A tract of land, situated, lying, and being in the SE 1/4 of the SE 1/4 of Section 13, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana, and being more particularly described as follows: Beginning at a 5 / 8" rebar from which the south one -sixteenth section corner for Section 13, Township 28 North, Range 22 west and section 18, Township 28 North, Range 21 West bears N 18*51'58" E a distance of 885.27 feet thence S 82'29'11" w a distance of 342.70 feet to a 5 / 8" rebar on the easterly right of moray of Valley View Drive; thence continuing S 82'29'11" W a distance of 30.78 feet to a point; thence S 20°27'06" E a distance of 104.47 feet to a point; thence N 89°29'40" E a distance of 31.91 feet to a 5 / 8" rebar; thence continuing N 89°29'40" E a distance of 329.48 feet to a 5 f 8" rebar; thence continuing * 89°2948" E a distance of 2.68 feet to a 5 / 8" rebar; thence around a curve to the right through a. central angle of 03°3246", an arc distance of 124.39 feet, a chord bearing of N 12° 16'25" ELT a distance of 124.37 feet to a 5 / 8" rebar; thence N 09°55'35" 'L]LT a distance of 22.32 feet to the Point of Beginning; Containing 1.03 acres more or less. Subject to all appurtant easements of record. Return to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO, 5175 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF TEALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS PARCELS A & B OF CERTIFICATE OF SURVEY NO.14634 AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS BLUE SKIES ADDITION NO. 388; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE BATE. WHEREAS, the City of Kalispell has received a petition from James and Peggy Mathiason, the owners of property located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Foys Lake Road, requesting that 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-06-16, dated December 26, 2006, and WHEREAS, the Kalispell City Planning Board and zoning Commission recommended that the territory be zoned City R-3, Urban Single Family Residential, on approximately 2 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 K.A.LISPELL AS FOLLOWS: SECTION I. That all the real property as described above and 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 Blue Skies Addition No. 388. 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 5TH DAY OF FEBRUARY, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk ORDINANCE NO. 1595 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS PARCELS A & B OF CERTIFICATE OF SURVEY NO. 14634 IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE, WHEREAS, James and Peggy Mathiason, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-3, Urban Single Family Residential, on approximately 2 acres of land, and WHEREAS, the property is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Foys Lake Road, and WHEREAS, the Mathiason's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #A-06-16, dated December 26, 2006, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-31, Urban Single Family Residential, as requested by the petition, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R--3, Urban Single Family Residential, the City Council finds such initial zoning to be 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 Coun Commissioners Et, 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-06-16. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (ordinance No. 1460) is hereby amended by designating the property described above as R-3, Urban Single Family Residential, on approximately 2 acres of land. SECTION II. 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 III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 20TH DAY OF FEBRUARY, 2007. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor 1 Z4�-��� FROM: SUBJECT: MEETING DATE: City of Kalispell Planning Department 7 - 2nd Stream East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751- 1850 Fax: (406) 751-1858 Website: kalispellplanning. corn Kalispell Mayor and City Council Sean Conrad, Senior Planner Names H. Patrick, city Manager Preliminary Plat request for Blue Skies Subdivision February 5, 2007 BACKGROUND: The Kalispell City Planning Board met on January 9, 2007 and held a public hearing to consider a request by James and Peggy Mathiason for preliminary plat approval to create a 6 lot subdivision on approximately 2 acres. Currently this property is in the County zoning jurisdiction and has a zoning designation of County R-1, Suburban Residential. The owners have submitted a petition for annexation and initial zoning request of R-3. The property proposed to be subdivided is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley Views Drive and Foys Lake Road. The property address is 115 Valley View Drive and the property can be described as Assessor's Tracts 3DE and 3DEA located in Section 13, Township 28 North, Flange 22 west, P.M.M. , Flathead County, Montana. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06.17 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 24 conditions. At the public hearing Olaf Ervin of Montana Mapping Associates spoke in favor of the subdivision. No one else wished to speak and the public hearing was closed. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 24 conditions listed in the staff report. The motion passed unanimously. RECOMMENDATION: A motion to approve the preliminary plat with the 24 conditions would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council.