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Staff Report/Annexation & ZoningREI?ORT TO: FROM: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 -- 2"d Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning. coin Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Appex 1, L.L.C. , Norman Sanderson. --- Annexation and Initial Zoning of R-3, Urban Single -Family Residential April 2, 2007 BACKGROUND: The Kalispell City Planning Board met on March 13, 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 10.75 acres. The property requesting the annexation and initial zoning is located on the north side of Three Mile Drive approximately 11/2 mile west of Stillwater Road in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County. Sean Conrad of the Kalispell Planning Department, presented staff report #KA-07-4 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 Bryan Long from Long Engineering spoke in favor of the subdivision. No one spoke in opposition to the proposed annexation and initial zoning request. The board discussed the proposed RW-3 zoning. A motion was made to recommend approval of the proposed R-3 zoning upon annexation to the city. The motion was approved unanimously. RECOMMENDATION.* 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. A.ppex 1 / Sanderson -- Annexation and Initial Zoning of R-3 March 27, 2007 Page 2 Respectfully s itted, ' a" Sears Conrad Senior Planner Report compiled: March 27, 2007 Attachments-, c: Theresa White, Kalispell City Clerk Fr a.mes H. Patrick ity Manager Return to: Theresa white Kalispell City Clerk PO Box 1997 Kalispell, NIT 59903 WHEREAS, the City of Kalispell has received a petition from Apex 1, LLC, the owners of property located on the north side of Three Mile Drive 1l2 mile west of Stillwater Road and 114 mile east of the BPA power lines, 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-07-4, dated March 5, 2007, and WHEREAS, the Kalispell City Planning Board and zoning Commission recommended that the territory be zoned City R-3, Single Family Residential, on approximately 10.75 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 KALISPELL AS FOLLOWS SECTION 1. 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 Cottage Gardens Addition No. 3 90. 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 2ND DAY OF APRIL, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1464)9 BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS .ASSESSORS TRACT 1AC AND FURTHER DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 9981, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE, WHEREAS, Apex 1, LLC, 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 10.75 acres of land, and WHEREAS, the property is located on the north side of Three Mile Drive 112 mile west of Stillwater Road and 114 mile east of the BPA power lines, and WHEREAS, Apex I's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-07--4, dated March 5, 2007, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-3, 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 CoupCommissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. IAA-07-4. 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 10.75 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 16TH DAY OF APRIL, 2007. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor -07- Appe 1/Sanderson Annexation 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. Number of Dwelling Units proposed to be annexed 30 single family houses Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 66 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 • Roads: $193.56 per dwelling unit Additional cost in road maintenance 66 x 68.84 = $ 4543 66 x 110.00 = $ 7)260 66 x 39.48 = $ 21605 (none for five years) _ 0 30 x 193.56 =$ 5,806 • Water: $221.21 per ERU (Equivalent Residential Unit) Additional cost in water line maintenance 30 x 221.21 = $ 6,636 • Sewer: $329.64 per ERU Additional cost in sewer maintenance s Stormwater: $72.68 per ERU Additional cost in storm maintenance Total Antic aced Cost of Services: Anticipated Revenue Generated 1. Assessments based on s uare foots 30 x 329.64 = $ 9,889 30 x 72.68 = $ 2,180 _g p lot: 7,300 square feet vera__ e square foot er,,,.,,W.�.� • Storm sewer assessment $0.004480 per square foot (capped at 1/2 acre for residential) Revenue from storm sewer assessments 30 x 7,300 x $0.004480 = $ 981 • Street maintenance assessment $0. 0 10 1 per square foot (capped at 1/2 acre for residential) Revenue from street maintenance assessments 30 x 7,300 x $0.0101 = $ 2,211 • Urban forestry assessment $0.00135 per square foot (capped at $150 for residential) Revenue from urban forestry assessments 30 x 7,300 x $0.00135 = $ 295 • Special Assessments: There are no special assessments. _ $ 0 s Light maintenance assessment $0.003 per square foot (no cap) Revenue from light maintenance assessment 30 x 7,300 x $0.003 = $ 657 AnticipatedTotal l,. 144 2. Tax revenue: • Assessed value per property: $ 250,000/house Total assessed. value: 30 x 250,000 = $ 725001000 Total taxable: 7,500,000 x 0.03543 = $ 265,725 Total additional general revenue based on 170 mill levy: $265,725 x 0.170 = s 1.,o 3. Impact fees: Water system impact fee $2,155 per residence Revenue from water system impact fee 30 x $2,155 = 64,650 • Wastewater impact fee $2,433 per ERU (A single family home is (1) ERU) Revenue from wastewater impact fee 30 x $2,433 = $ 721990 • Stormwater impact fee $1,092 per ERU (A single family home is (1) ERU) Revenue from stormwater impact fee 30 x $1,092 = $ 32,760 • Police impact fee $43 per unit (single family residential) Revenue from police impact fee 30 x $43 = $ 1,290 • Fire impact fee $533 per unit (single family residential) Revenue from fire impact fee 30 x $533 = $ 15,990 Total Anticipated Revenue From TmpactFees: $187,680 Total Revenue Generated to the City (Items 1 and 2) 499317 2 One Time Impact Fee Payment to the City (Item 3) $187,680 Net Revenue to the City Per Year (Total anticipated cost of services -Total anticipated revenue from assessments and taxes): ,$ 10 398 NOTE: This information is based upon assumptions regarding building valuations and does not take 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. City of Kalispell Planning Department 17 - 2" d Street East, Suite 211. Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com March 27, 2007 James H. Patrick, City of Kali s p ell P.C. Box 1997 City Manager Kalispell, MT 59903 Re: Appex 1, L.L.C. , Norman Sanderson -- Annexation and Initial zoning of R-3 Dear Jim: The Kalispell City Planning Board met on March 13, 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 10.75 acres. The property requesting the annexation and initial zoning is located on the north side of Three Mile Drive approximately 1/2 mile crest of Stillwater Road in Section. 2, Township 28 North, Range 22 West, P.M.M., Flathead County. Sean Conrad of the Kalispell Planning Department, presented staff report # KA--0 7-4 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 Bryan Long from Long Engineering spoke in favor of the subdivision. No one spoke in opposition to the proposed annexation and initial zoning request. The board discussed the proposed R-3 zoning. A motion was made to recommend approval of the proposed R--3 zoning upon annexation to the city. The motion was approved unanimously. Please schedule this matter for the April 2, 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. Appex J Sanderson Annexation and Initial Zoning March 27, 2007 Page 2 Sincerely, Kalispell City Planning Board AL Timothy Norton President Attachments: Exhibit A -- Petition to Annex Staff report #AKA-07-4 and application materials Draft minutes from the 3 / 13 J 07 planning board meeting c ter/ Att.- Theresa. White, Kalispell City Clerk c w/o Att: Appex 1, L.L.C. , Borman. C. Sanderson 10 East Roanoke Street # S Seattle, WA 98102 Long Engineering, Bill Bache Po Box 7907 Kalispell, MT 59904 City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: APPEX L L.L.C., NORMAN C. SANDERSON MAIL ADDRESS: 10 EAST ROANOKE SKEET #8 CITYISTATEIZIP: SEATTLE, WA 98102 INTEREST IN PROPERTY: DEVELOPER Other Parties of Interest to be Notified: PHONE: (206) 322-5977 PARTIES OF INTEREST: LONG ENGINEERING, SILL BACHE MAIL ADDRESS: P.O. BOX 7907 CITYISTATEIZIP: KALISPELL, MT 59904 PHONE: (406) 752-6339 INTEREST IN PROPERTY: APPLICANT'S TECHNICAL ASSISTANCE PLEASE COMPLETE THE FOLLOWING: Address of the property: 575 THREE MILE DRIVE KALISPELL Legal Description: TRACT -1AC TRACT 1 PER C.O.S. # 9981 (Lot and Block of Subdivision; Tract #) SW 1/ & SE 1/ SECTION 2 TOWNSHIP 28 NORTH RANGE 22 WEST FLATHEAD COUNTY (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) 10.75 ACRES The present zoning of the above property is: AG-80 WVO, WEST VALLEY NEIGHBORHOOD PLAN_ The proposed zoning of the above property is: R-3 State the changed or changing conditions that make the proposed amendment necessary: The sub "ect roe is located on the western outskirts of Kalispell in an area which is alread becoming developed for single-family residential use. The nrouerty is adiacent to residential subdivisions to the west and south and is no longer used foragricultural purposes. Development is also anticipated to occur north of the roe . Development of the.proogly for sin le--famil residential use represents "infill" development between areas which are already approved for such development. The re nested zoninjj to accommodate this type of land use is appropriate.given the natural growth and develo_pment_patterns of the area. 1 The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and forth grants ap al for Kalispell Planning staff to be present on the property for routine inspection d � the annex n process. (Applicant) (Date) 0, 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 the WEST VALLEY 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 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 fro to of annexation. Petitioner/Owner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed.. 2 STATE OF MONTANA ) ss County of Flathead County On this I;"- ......... . .. 4L day 5Vj� before me the undersi ed a Notary y of � � � ry Public for 9 the State of Montana, personally appeared -Lt ' known to nee 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 1 erliiif e my hand and a otary Seal the day and year in this certificate firsab�,��:,` '. r. h'' = rotary Publi , t e ofTV -5��-ram .esiding at 1 ) 7 =~ .t � )_A// �y Commission expires - lit STATE OF MONTANA f� 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 Residing at My Commission expires: 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 iv..y C UM111Missloi1 explr es Exhibit A Appex Legal Descrip: The property is described as follows,-, Tract 1 of Certificate of Survey No. 99<131 in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.