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2. Wholly Surrounded PropertyPlanning Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.comlplannin� REPORT TO: Honorable Mayor and City Council FROM: Tom Jentz, Planning Director Myrt Webb, Interim City Manager SUBJECT: Annexation of Wholly Surrounded Property MEETING DATE: April 13, 2008 (work session) BACKGROUND: Following a fire along South Meridian in a home located in the County, but wholly surrounded by the City, the Council directed staff to begin reviewing the potential annexation of wholly surrounded areas. Over the course of the last two years, a number of properties and small portions of properties which have historically been shown as being in the City were determined to be out following an internal audit resulting from a new link between GIS data and tax information. The properties were placed in different groups based on issues such as availability of services. The first group, which involved smaller parcels without structures, was annexed last year. Staff is now bringing forward the next group for your consideration. ANNEXATION OF WHOLLY SURROUNDED LAND IN GENERAL Sections 7-2-4501, MCA, et sec , provide the procedures to be followed when the City wishes to annex wholly surrounded land. The process is very similar to the annexation of contiguous land as in the Village Greens and Greenacres areas. The primary difference is that there is no right of legal protest when property is wholly surrounded (for contiguous land, property owners can defeat an annexation attempt if more than 50% file a formal protest). Otherwise, the steps are the same. Essentially, the Council must pass a resolution of intent to annex, provide notice to registered voters in the area to be annexed, and then, after considering written comments, pass a resolution of annexation. As part of that process, an extension of services plan must be provided. Additionally, the Council will also need to zone the property. One potential approach is to establish an effective date in the resolution of annexation three months from the date of the resolution. The time lag would then allow for the zoning of the property to proceed through the Planning Board and the Council. It is estimated that each annexation would cost approximately $200 - $400 to pay for the public notice, obtaining property owner and registered voters lists, and other processing costs. IDENTIFIED WHOLLY SURROUNDED AREAS For identification purposes, each of the areas has been assigned a number and shown on the attached maps. They are placed into one of four categories. As mentioned above, last year we annexed several minor tracts of land, portions of lots, and remnant right-of-way pieces (Category "A") revealed to be unincorporated by an audit of annexed lands undertaken by the county GIS department. The second group ("Category B") are wholly surrounded lots/tracts where full municipal services are typically available to the properties. The two remaining categories, which may be addressed at a later date, are "Category C" (Wholly surrounded developed/semi-developed neighborhoods lacking sufficient infrastructure); and "Category D" (Other). This memorandum addresses Category `B" and one of the Category "D" properties. Category "B" — Available Municipal Services Area #8: Tract 6E adjacent to Northview Heights (4.02 acres): This tract became wholly surrounded due to the annexations for Northview Heights and Empire Estates. It contains an older house on a well and septic system. Area #11: Tract 24 near E. California and 51h Ave EN (0.08 acres): When the neighboring parcel was annexed, the owner at the time (who still owns the property) was contacted in an effort to include this tract as part of the annexation. The owner did, in fact, agree to be part of the annexation. However, Tract 24 was not included in the resolution approved by the Council because the letter appears to have arrived too late. Area 912: Parcels on E. Oregon near 91h Ave EN (0.49 acres): This area contains 2 homes, and became wholly surrounded several years ago when several neighboring lots were annexed. The homes have city utilities. Area #15: Tracts along S Meridian between Center and 2nd St W (3.13 acres): This area, which is located along the west side of S. Meridian, became wholly surrounded in 2003 after the annexation of the Meridian Business Park (Meridian Court) and a portion of Hollisters Meridian Tracts to the west. A fire occurred on the property immediately to the south of this area. There are 4 property owners in the area. The homes have city sewer, but only one is on city water. Area #18: Parcels South of 181h St E (0.09 acres): There are two strips of land approximately 38 ft wide, each owned by an adjacent property owner. Area #19: Tract 5Z; east side of 5th Ave E (0.12 acres): The front 150 ft of the lot has a single family home. The rear yard, as is the case with many properties along the east side of 5th Avenue south of 141h Street, lies outside the city (years ago, the City would annex just the house and front part of a lot if an existing house wanted to hook up to city services). The rear yard became wholly surrounded due to annexations of Willow Glen and Woodland Avenue, and became a separate island due to annexations of two adjoining lots for apartments. The home is on city water and a septic. Area #21: Tract 3F by Leisure Heights (0.54 acres): This tract contains a home which was in existence when Leisure Heights was subdivided and annexed into the City. It is presumably served by a well and septic, although city water and sewer is available. Area #22: Tract 7CEB and Sky Harbor court (1.58 acres): This area contains 3 commercial properties, all under common ownership. GIS shows the property as unimproved and without utilities. City water and sewer service is available to the property. Category "D" - Other Area #9: Rear portion of several properties on the west side of Grandview near Juniper Bend (0.19 acres): This area contains effectively the rear yard of three homes which front on Grandview. The homes have a community water system and septic tanks. City services are available within the Grandview right-of-way. RECOMMENDATION: Staff recommends that the Council proceed with annexation for those properties in Category `B" (Available Municipal Services) and the one Category "D" property discussed above. ALTERNATIVES: As suggested by the Council. Respectfully submitted, Tom Jentz M . Webb Planning Director Interim City Manager Report compiled March 30, 2009 Attachments: City Map w/ Wholly Surrounded Areas Vicinity Maps of Each Wholly Surrounded Area �..._ q 8 __.... 13 10' ' g i -,` w - 5 14 iJ 5... 1 �ABD HsaA cAw" 13 BA � L4A 15A lha ' w 15B ilE ri 12 9 . 16 A _ 4A 1b B B ; aA 3P D e a i ..... . . ..... a ` :. 5GBH Medical } A ID _ 5 -B 3 3 B ` `. 5R 1a -B A 7 3 1.: a � 1 S: 1 _ l _. 1 3 2 . _ ,. _.. m ,.v �.... 3Ai ' ..... - w. ,..., ............._.. _. 12 WHOLLY SURROUNDED PROPERTY #9 CITY LIMITS APPROXIMATELY .09 ACRES IN SECTION 6, T?3N, R21W TRACT 5ABO, ASSRNO 0942654, OWNER — MORNING SUN INV. L2 & 3 AMD LOT A W PORT, GRANDVIEW HEIGHTS ASSRNO 0834460, OWNERS PETER IMARY FUSARO STOTTS GRAND VIEW LOT 2 NW PORTION ASSRN0 09'78227. OWNERS RICHARD -Rc LORRAINE STOTTS I 'Phis tract has always been shown as not being in the city.. WHOLLY SURROUNDED PROPERTY -911 APPRO--Z"7.IMATELY .08 ACRES IN SECTION 8, T238N, RF21W TRACT 24, ASS--R TRACT 0409100, OWNER — LORETTA JOHNSON ,o-viT-ns ad acent Traci. 7D) Audit performed by Flathead County using tax records codes this property as not being part of the city. �0 I% ........ .... p L ... ....... a. ... . ...... WHOLLY SURROUNDED PROPERTIES 712 -7 A .PPROXIMATELY .49 ACRES IN SECTION 8, T28N, R21'W 0 J D 0 = = = ® CITY LIMITS TRACT 30',(,-A & 30XC, USSR TRACTS 0321100, OWNER - CLARK HENLEY TRACT & 30--,X7-AAA, ASSR TRACTS 06567-50 OWNERS, DONNELL TIMM & REBECCA HAAIPTON These properties have al -ways been shown as not being part of the city. .... . . ..... ....... -- -------- E #18 Blsw2.1 r-- 6A 18 ti eij I 4AA qN\ WHOLLY SURROUNDED PROPERTIES #18 ® ® ® = a CITY LIMITS APPROXI2MATELY .09 ACRES IN SECTION 20, T-28N, R21W Tr BNE exc the E 150 ft, ASSRNO 0036450, - NORMAN & JOLENE BJELLAND The E 38.36 ft of Tr BNEA, ASSRNO 0707490 - THOMAS PRICE Audit performed by Flathead County using tax records codes this property as not being a part of the city. . . ............. 10 11 14 �P 7 4 83 2 51 10 law. IEMMMMW mom-, Iowa -.slow now., g�,.,Mmftw- !Ij -,J '('U) Iowa, ............. 1. 30 1 L ... . ...... T1TtFnT 7 QT _'-RV0TTTTT)7T_) PROPERTIES �')l CITY LIMITS APPROXIMA,TELY .154 ACRES IN SECTION 21, T28N, R21W Tract 3F, ASSRNO 0779655 OWNER — Barbara Seelve Was not included in the annexation of properties that would Become Leisure Heights A 4k -7CC C E ... . ......... . . ..... .......... ��BB Gr .... . .............. 0 WHOLLY SURROUNDED PROPERTIES #22 am=== CITY LIMITS APPROXINIATELY 1.58 ACRES IN SECTION 20, T28N, R21W Tract 7CEB and Units 1 &, 2 of Sky Harbor Court Condo .kSSRNOS 0976769, 0979913 AND 096768 OWNER — Neeter Properties, LLC This property has a' -ways been shown as riot being part of the cUlly.