2. Annexation of Wholly Surrounded PropertyPLANNING FOR THE FUTURE
MONTANA
REPORT TO: Honorable Mayor and City Council
FROM: Tom Jentz, Planning Director
Dan Diehl, Fire Chief
Jane Howington, City Manager
SUBJECT: Annexation of Wholly Surrounded Property
MEETING DATE: August 23, 2010 (Work session)
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kafispell.com/planning
BACKGROUND: Following a fire along South Meridian several years ago 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 past two to three years, the council
has discussed the potential annexation of 22 wholly surrounded areas. The areas were placed in
four groups based on the issues presented.
A number of properties have been annexed by the council over that time. The first group
included six properties which were small, isolated widgets. The second group included eight
areas which either were receiving city utilities or had them nearby. The remaining seven areas
include developed rural subdivisions or rural neighborhoods lacking sufficient infrastructure.
These areas generally are larger neighborhoods with much more complex issues than the areas
which have previously been annexed. For identification purposes, each of the areas has been
assigned a number and are shown on the attached maps.
ANNEXATION OF WHOLLY SURROUNDED LAND IN GENERAL
Under Montana statutes, there are a number of different methods of annexation. The
most common is annexation by petition, whereby a property owner asks to be annexed, typically
in order to obtain city services for a subdivision. In recent years, the city has also annexed
property contiguous to the city limits without a petition from the property owners (Village
Greens and a portion of the Greenacres area). Those annexations were generally limited to areas
already hooked up to and receiving water or sewer service or both.
Sections 7-2-4501, MCA, et set, 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. The primary difference is that there is no right of legal protest when property is
wholly surrounded. If the council directed staff to proceed, we would contact all property
owners in a specific area and hold one or more neighborhood meetings for the purpose of
answering questions and providing information to the owners.
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.
The extension of services plan will follow current city policy for the extension of
services. Note that the process that Kalispell uses was upheld by the Montana Supreme Court in
the 2004 case involving the City of Whitefish when they annexed 5 adjacent neighborhoods.
The proposed services, as was used in the previously wholly surrounded annexations, would be
as follows:
Police and Fire - City police and fire services would immediately be made available to the
residents annexed. Fire Chief Dan Diehl has indicated that, for residential development and
residential scale structure fires, he does not need immediate access to fire hydrants as in most
cases he carries enough water on board his trucks to attack a fire. Furthermore, he has recently
acquired a water tender, which will provide additional protection.
Parks and Recreation - The city parks department would take over maintenance of any county
parks.
Roads - The city public works department would immediately take over maintenance and
ownership of the county roads much the same as the city has when the county transfers over
other roads from county to city.
Sewer - Property owners would continue using their private septic tanks and drain fields. They
would have the option of hooking up to city sewer either through individual extensions or a
neighborhood SID financed by the neighborhood.
Water - Property owners would have the option of continuing to use their private wells or, as in
the case of North Haven, their community water system. They would have the option of hooking
up to city water either through individual extensions or a neighborhood SID financed by the
neighborhood.
Solid Waste - State law limits the city from providing municipal garbage collection for 5 years
from the date of annexation thus garbage collection would not change for newly annexed
residents. Newly annexed properties would not be assessed for collection services unless, at the
end of the 5 year period, they requested municipal services.
IMPACT FEES:
Impact fees are calculated using the Public Works Department's fee determination
schedule. Figures are based on assumptions made at the time of annexation and may not represent
accurately the costs associated with the existing property.
Water and sewer impact fees would not be collected until such time as a property owner actually
connected to these facilities.
Stone water fees are not collected for existing construction as the impervious areas (buildings,
driveways, walks, etc.) were in place in 2006 when the original stormwater impact fee study was
conducted and as such has already been accounted for.
Police and fire impact fees are not collected as the presumption is that wholly surrounded properties
are already benefiting from the fact that the city surrounds them and for practical purposes have
been receiving the benefit of these services for some time without paying for them.
1 1 i '• 1N 1•
Below is a list of remaining wholly surrounded properties. The areas have been
prioritized by city staff if the city council wishes to proceed with annexation. It should be noted
that in the past, the city has been hesitant about annexing areas such as North Haven because,
while the subdivision has a community water system, it lacks fire hydrants. Fire Chief Dan Diehl
has indicated that this should not be a limiting factor for fire service as a typical fire truck carries
an adequate supply of water to address most single family residential house fires.
Area #l: North Haven Heights (24.8 acres): The subdivision contains approximately 32
residential lots and a county park. It has paved county maintained roads built to a rural standard,
a community water system without hydrants, and individual septic tanks/drain fields. The
nearest municipal water and sewer lines would be in Summit Ridge Drive to the south and The
Meadows off of Four Mile Drive to the north. There is also a sewer line to the west in a phase of
Northland which has not yet been to final plat.
Area #2: Meadowland Subdivision (40.4 acres): This subdivision was created in 1972, and
is adjacent to Northridge. Several annexations over the last four years (Empire Estates,
Northview Heights, and Northland) have wholly surrounded the 46-lot subdivision. Each of the
surrounding subdivisions has water and sewer lines. Meadowland has paved roads built to a
rural standard, a community water system without hydrants, and individual septic tanks/drain
fields.
Area #3: Parcels on Two Mile Drive east of Greenbriar (3.68 acres): These 4 homes are
wholly surrounded due to the fact that Two Mile Drive to the north of the lots was annexed into
the city. The homes themselves are on wells and septics. The nearest city services are water and
sewer lines to the south of the parcels running from Cooper Lane to Greenbriar, and to the west
(across Spring Creek) at the north end of Greenbriar.
Area #4: Tract IAE and IAA near W Montana and 8th Ave WN (1.81 acres): This parcel is
mostly vacant, with one building being used for metal fabrication. It is zoned county I-1. The
zoning designation and use is important to note because state law does not allow the annexation
of wholly surrounded land used for an industrial purpose without the owner's consent. The
owner has been contacted and would consider an annexation by petition (i.e. formally requesting
annexation). The property is adjacent to city water, with city sewer about a half block away.
This area also includes a portion of railroad right-of-way owned by the BNSF Railroad.
Areas #5: Ashley Creek area (76.9 acres): This area generally follows Ashley Creek from
Airport Road to Sunnyside Drive, and contains about 37 parcels and portions of parcels. The
area would be considered residential, and does contain some homes. However, the majority of
the area is in the floodplain and not particularly suited for development. Its best use may be as
horse pasture (it is currently used in that manner in large part). About three years ago, the
Council adopted an amendment to the City Code which would allow the keeping of horses.
Area #6: Greenacres/81h Avenue East (162.0 acres): This area is the largest in terms ofboth
area and number of lots (about 265 parcels/portions of parcels). It can be broken down into 4
distinct sub -parts: (a) Greenacres; (b) 81h Avenue East south of 14th Street; (c) properties
accessed off of 5th Avenue East and 14th Street; and (d) properties accessed off of 3rd Avenue
East.
(a) Greenacres: Greenacres is a primarily single-family residential area (about 170 lots,
mostly containing residential structures). The city annexed a portion of the general area
in 2003. The council opted to annex only those properties which were on city water and
sewer, or had immediate access to those services. Rather than annex the entire area, the
annexation was comprised of properties along Kelly Road and in Meadow Park. The
remaining properties generally are served by a community water system and septics,
although several houses are on city sewer.
(b) 8th Avenue East: The properties extending down 8th Avenue East south of 14th Street are
mostly larger residential lots (about 28 homes). The city provides service through a
small water line (2") extending for some distance down 8th Avenue. The water line is not
owned or maintained by the city, and is not sufficient for hydrants. Additionally, the
1400 $ road dead -ends without a cul-de-sac and there is not sufficient right-of-way to
construct one. The properties have septics, and there are no sewer lines within the area.
(c) 5th Avenue East: These properties (approximately 27 parcels, although several parcels
are held in common ownership and are smaller parcels which are part of a larger
property) are mostly located to the east and south of 5th Avenue. Many of the properties
have the front of the lot in the city, but the rear yard was left in the county. The line was
apparently drawn in that manner as an effective tax break by leaving some of the land
under the county tax structure. Other lots are entirely in the county and are accessed by
common driveways which serve the essentially landlocked parcels. Many of those
parcels have city water, but use septic systems.
(d) 3rd Avenue East: The area on the east side of 3rd Avenue between the old Forest Service
building and a bit north of Scotty's contains about a dozen parcels. Most of the
properties are commercial, although there are a couple houses. There is a mix of utilities,
with some having both water and sewer, and some on a well and septic. Public utilities
are available, and provision of services would not appear to be a problem.
RECOMMENDATION: The Council should direct staff to proceed with the annexation of
Area #1 (North Haven).
ALTERNATIVES: As suggested by the Council.
ATTACHMENTS: City Map Identifying Areas
Vicinity Maps for Areas #1-6
City Utility Maps for Areas #1-6
Respectfully submitted,
Tom Jentz
Planning Director
Dan Diehl
Fire Chief
Jane Howington
City Manager
Report compiled August 6, 2010
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