Resolution 5477 - Resolution of Intent - Annexation PolicyRokill go V U910KILM7EM
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WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City
Council on February 18, 2003 by Resolution No. 4773; and
WHEREAS, the Kalispell City Council requested that an Annexation Policy be developed in order
to assist the development community and elected officials in determining appropriate
timing and procedures for annexations of land to the City of Kalispell, and
WHEREAS, on January 11, 2011, the Kalispell City Planning Board held a public hearing, after
due and proper notice, received public comment upon, and reviewed Kalispell
Planning Department report #KGPA-10-1, which evaluated the proposal based upon
the goals and objectives of the Growth Policy, the purpose of zoning and current
circumstances in the planning jurisdiction; and
WHEREAS, at the conclusion of said public hearing and after consideration of the proposed
amendment, the Kalispell City Planning Board adopted report #KGPA-10-1 as the
findings of fact and recommended approval of the proposed Growth Policy
amendment, and
WHEREAS, the City Council of the City of Kalispell considers it advisable that they consider the
proposed Growth Policy Amendment and the recommendations of the Kalispell City
Planning Board, and adopt a Resolution of Intention to Adopt, Revise or Reject the
Proposed Amendment to the Kalispell Growth Policy 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That pursuant to Section 76-1-604, MCA, the City Council of the City of
Kalispell intends to consider a proposed amendment to the Kalispell Growth
Policy 2020, and the evidence considered by the Kalispell City Planning
Board, said amendment consisting of an Annexation Policy for the City of
Kalispell, attached hereto as Exhibit "A".
SECTION II. At the next regular meeting of February 22, 2011, the City Council will
consider Resolutions to Adopt, Revise, or Reject said proposed amendment.
SECTION III. The City Clerk is authorized and directed to give notice of said meeting in
accordance with Section 7-1-4127, MCA.
EXHIBIT "A"
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KALISPELL ANNEXATION POLICY
RECOMMENDED BY THE KALISPELL PLANNING BOARD
♦ ♦ 11, 2011
The Kalispell Annexation Policy is uniquely crafted to address and balance the competing
demands of developments proposed in those areas adjacent to the city with the timing and
provision of municipal services that accompany any development that occurs in the greater
Kalispell Growth Policy area. The Annexation policy consists of a map and text. The map
graphically portrays those areas adjacent to the city where requests for annexation would be
routinely embraced and conversely those areas further out where requests for annexation or
municipal service may be provided using alternative measures. The associated policy text
provides further guidance in interpreting the map and providing suggested procedures to follow.
The focus of the annexation policy is threefold:
1. To provide for the most efficient pattern of growth in and adjacent to the city.
2. To provide for the most efficient extension of municipal services to lands proposed for
annexation either now or in the future.
3. To provide for the viable future growth of the city of Kalispell unhindered by the
encroachment of substandard rural development.
The Annexation Policy Map (attachment 1) provides a graphic policy statement showing a
boundary around the city where direct annexation upon request by a property owner would be
supported. Those areas beyond the annexation boundary would require additional scrutiny and
possibly be subject to various alternative methods both in terms of the method of annexation as
well as the timing and provision of municipal services.
The annexation boundary map was intended to be a general policy statement not a fixed
regulatory document. The boundary was intended to address the impacts of logical development
patterns and growth within the city that would occur over the next 5 — 10 years. It was noted that
the city has experienced an historical boom during the first decade of the 2151 century in which
both our population and boundaries grew 50%. At the same time the end of this decade brought
upon us one of the greatest recessionary periods experienced by our residents that literally
brought development in the city to a standstill. While neither should be used to predict the future
of our community, the ramifications of both must be factored into our planning considerations.
In developing the annexation boundary map, a series of factors were melded together to create a
unified policy. The boundary was intended to reflect growth that would occur in the next 10
years. Many factors were considered in developing this map. First, obvious topographic
boundaries were used: Flathead and Stillwater Rivers and Ashley Creek and Lone Pine Sate Park.
Where geographic boundaries were not evident, a boundary that generally extended 1/ mile
beyond the current city limits was incorporated to allow for efficient annexation adjacent to the
city without a hard and fast policy that new growth had to touch the city. In addition, the
availability of city services including the 5-minute fire response service area and presence of
municipal water and sewer lines were factored into the process.
The annexation policy map needs to be reviewed at least every 5 years to keep it relevant as the
city grows.
The policy statements below must be used to interpret the annexation policy map. This policy is
intended to apply to all annexations of land as well as requests for municipal services for lands
outside the city. This would include both obvious annexations as shown within the annexation
policy boundary map, lands outside the annexation boundary area and wholly surrounded lands
inside the city limits proposed for annexation. This framework describes various options for
annexation (direct annexation, the use of waiver of protest to annexation and the creation of
annexation districts) and when it is appropriate to consider each.
A. Annexation Options
Properties inside the Kalispell Annexation Boundary Area when an owner petitions for
annexation:
a. The property owner submits a written petition for annexation to the Planning
Department.
b. City would follow the "Direct Annexation" process.
2. Properties outside of the Kalispell Annexation Boundary Area when an owner petitions
for annexation:
a. The property owner submits a written petition for annexation to the Planning
Department.
b. The Planning Board would review the merits of the annexation and make one of
the following recommendations based on promoting a logical and efficient
development pattern for the city:
1) Direct Annexation:
Available if the property meets two or more of the following criteria:
1. The property lies in the immediate path of additional annexations
which will form a logical extension of the city.
2. The property lies within the existing service area of the Fire
Department.
3. The annexation achieves one or more key goals of the growth
policy or provides a necessary community connection, facility or
infrastructure component.
2) Petition to Waive Right to Protest Annexation
i. Available if the property meets a majority of the following criteria:
1. The property is outside of the city's annexation boundary.
2. The property lies in the immediate path of additional annexations.
3. The property is in an area that may possibly be adjacent to existing
city infrastructure (sewer, water, fire service area) in the next 10 —
20 years.
4. The property is within the service area of the Kalispell fire
department and is serviceable by existing or proposed extensions to
municipal water or sewer services.
5. Services within the property can be provided in the near term by
other than municipal means (private road user's agreements,
private homeowner's association maintenance of parks and open
space, contracting with rural fire districts, etc.) until the time that
the city actually annexes the property.
6. Development of the property achieves one or more key goals of the
growth policy or provides a necessary community connection,
facility, infrastructure component or community benefit.
3) The Creation of an Annexation District.
i. Available if the property meets the following criteria:
The property meets a significant number of criteria as listed in
number 2) Petition to Waive Right to Protest Annexation above
and;
2. The property would be adjacent to or inside the city's annexation
boundary area in the next 5 - 10 years.
B. Annexation Processes
1. Direct Annexation Process (Property owner petitions):
a. The property owner submits a petition for annexation to the Planning Department.
b. Staff would prepare a cost of services plan.
C. The Planning Board determines that direct annexation is appropriate.
d. The Planning Board holds a hearing for the purpose of recommending the most
appropriate zoning.
e. Planning Board recommendations on annexation and zoning are forwarded to the
City Council.
f. The City Council would act on the annexation request and if appropriate approve
the appropriate zoning.
2. Petition of Waiver of Right to protest Annexation: (Property Owner Petitions)
a. The property owner submits a petition for annexation to the Planning Department.
b. Staff would prepare a cost of services plan.
C. The Planning Board makes a recommendation on the most appropriate process to
follow — in this case waiver of protest to annexation - to the City Council.
d. The City Council acts on the Planning Board recommendation. If the Council
concurs that a waiver of annexation is most appropriate the following procedures
occur:
1) The property owner enters into an inter -local agreement with the city and
the county stating that the city will provide specified services (typically
water and/or sewer) extended at the property owner's expense and that in
exchange:
i. The property owner will agree to submit a waiver of protest of
annexation to the city.
ii. The property owner ensures that the development will be built to
Kalispell Urban Standards and allow city inspection of the
improvements as they are installed to ensure that all future public
infrastructure is built to proper standards.
iii. Finally the property owner agrees to require that all structures will
be built in accordance to the building codes adopted by the city of
Kalispell at the time of construction and that they will provide for
proper inspections.
2) Kalispell Site Review Committee will review the development proposal to
ensure that the development is built to Kalispell Urban Standards.
3) Kalispell Site Review Committee passes these recommendations on to the
Flathead County Planning Board to incorporate into their staff review.
4) If infrastructure is not built to Kalispell Urban Standards, the requested
municipal public services will be withheld.
5) Under this policy, the city will annex this property at its own discretion,
without protest from the property owners, after giving due notice to the
property owners of the intent to annex.
e. The city staff would then monitor the development over time and make a
recommendation to the City Council when actual annexation would appear to be
appropriate. As a justification for annexation an updated "Cost of Services Plan"
would be prepared by staff .
3. The Creation of an Annexation District: (Properties Owner's Petition)
a. The property owner submits a petition for annexation to the Planning Department.
b. Staff would prepare a cost of services plan.
C. The Planning Board makes a recommendation on the most appropriate process to
follow — in this case creation of an annexation district - to the City Council.
d. The City Council acts on the Planning Board recommendation. If the council
concurs that the creation of an annexation district is most appropriate the
following procedures occur:
1) The property owner enters into an inter -local agreement with the city and
the county stating:
a. The city will be creating an annexation district.
b. The city and its boards and staff will be responsible for review and
approval of any development proposal on the site.
C. The city will utilize its zoning ordinance, subdivision regulations
and be guided by its growth policy in the review of any project or
development plan.
d. Any development will be built to Kalispell Urban Standards.
e. All public infrastructure will be inspected by the city.
f. The agreement will list a timetable and responsibility for the
provision of each of the basic urban services.
i. Urban services include sewer, water, storm water, street
construction and maintenance, street tree maintenance,
police and fire services, building inspection, parks
development and maintenance and garbage collection.
ii. Where services are initially to be provided by an entity
other than the city such as a private contractor, home
owners association, local government district or the county,
provisions shall be made by the property owner to
compensate those entities.
iii. Where any services are provided directly by the city,
assessments or payments in lieu of taxes shall be assessed
and collected by the city to adequately compensate for the
services rendered.
g. At the time of building permit, all city impact fees shall be
collected and placed in an escrow account until the property is
actually annexed.
h. The agreement shall have a 10 year maximum life. At the end of
the specified agreement the city shall either provide for an
extension (if provided for in law) or annex the property.
4. Annexation Of Wholly Surrounded Areas (City Council directed annexation)
Part 7-2-45 MCA provides a process for the city to annex wholly surrounded land. The
law provides that the city shall pass a resolution of intent, give notice to the affected
property owners and precede with annexation without a petition or request from the
affected surrounded property owners. The basis of this law is that properties, because of
their location within the boundaries of a city are in effect already receiving some
municipal services without paying their fair share in support. The residents drive city
streets, have access to city parks, have city police patrolling in and around their
neighborhoods, have access to fire protection in case of a major incident, etc. In addition
such annexations simplify the provision of emergency services creating a clear line of
agency primary responsibility when an emergency does arise.
a. The City Council directs the Planning Board to proceed with the annexation of
properties wholly surrounded per 7-2-(4501-4511) MCA.
b. The planning staff notifies the affected property owners within the wholly
surrounded area to be annexed.
C. Staff would prepare an extension of services plan showing how all municipal
services can be provided to the properties, either immediately in the case of fire,
police, road maintenance, park maintenance or where major utilities or facilities
are missing such as water mains, fire hydrants or sewer mains, financing options
that would be available to the property owners.
d. Informational materials are made available to the property owners explaining the
process, the type of zoning proposed and the impacts this annexation would have
on their property.
e. The Planning Board holds a public hearing for the purpose of recommending the
most appropriate zoning.
f. Planning Board recommendation is forwarded to the City Council.
g. The City Council would act on the Planning Board recommendation for
annexation and approve the appropriate zoning classification or classifications.
CITY OF KALISPELL, THIS 7TH DAY OF FEBRUARY, 201
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk