02. Presentation - Annexation and Initial Zoning - Janet CahillCity of Kalispell
Planning Department
17 - 20d Street East, Suite 211, Kalispell, Montana. 59901
Telephone: (406) 751-1850
Fa v (406) 751-185 8
Website: kalispellplanning. com
REPORT TO. Kalispell Mayor and City Council
FRS 1W Sean. Conrad, Senior Planner
James H. Patrick, city Manager
SUBJECT: Janet Cahill - Annexation and Initial zoning of R-3, Urban Single
Family Residential
MEETING DATE: November 6, 2006
BACKGROUND.*. This is a request by Janet Cahill for annexation and initial zoning of
R-3, Urban Single Family Residential, on approximately 4.07 acres located at 60
Denver Avenue, Kalispell. It is the intent of the property owner to eventually subdivide
the property.
The Kalispell City P1 g Board met on October 10, 2006 and held a public hearing
to consider the request. Staff evaluated the proposed zoning and recommended initial
zoning of City R-3 based on the surrounding city zoning and the Kalispell Growth
Policy.
At the public hearing Janet Cahill and Alex Hasson, both of whom are on the board of
the nonprofit agency requesting the annexation and zone change, spoke in favor of
the proposed R-3 zoning district. A neighboring property owner, Kathleen Lusk, stated
that her back fence borders the property and while she is happy to see the property
get cleaned up she is concerned that when the ground is frozen and they get rain
about 1/4 to 1/3 of her back yard is a lake and she would like the underground
infrastructure drainage, etc., fixed so that it does not come into her backyard. If the
annexation and initial zoning requests are approved by the City Council, and if the
owners move forward with their plans to subdivide, the drainage issues can be
addressed through the subdivision review process.
After the public hearing and board discussion a motion was made and passed
unanimously to forward a recommendation that initial zoning for this property should
be R-3, Urban Single Family Residential, upon annexation.
RECGMM"P-N ]ATIGN: 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.
Cahill Annexation
October 30, 2006
Page 2
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully sub e ,
Sean Conrad
Senior Planner
Report compiled.- June 23, 2006
ames H. Patrick
City Manager
Attachments: Transmittal Letter
Petition to Annex
Cost of Services Report
Staff Report #KA-06-04 and application materials
Minutes 6 / 13 / 06 planning board meeting.
c: Theresa White, Kalispell City Clerk
r A-06-10
JANET CAHILL ANNEXATION
ATION
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. Note that
crater and sewer are available along Denver Avenue abutting the property. The applicants
have expressed a desire to develop the property into additional single family lots, however
an application has not been submitted at this time. For the purposes of the Analysis,
just the existing duplex home on 4.07 acres would be assessed.
Number of Dwelling Units proposed to be annexed
3 single family houses
Estimated Increase in Population: (based on US Census Figure of 2.2 per household)
6
Cost of Services
Per capita costs
Fire: $68.84 per person per year.
Additional costs to the fire department f x 68.84 = 413
Police: $110 per resident per year.
Additional costs to the police department 0 x 110.00 $ 600
• Administration: $39.48.
Additional cost to administration
6 x 39.48 =
$
237
• Solid Waste:
Additional cost to solid waste
(none for five years) _
$
0
Lineal Feet Costs: (Lineal feet - No new roads, sewer or water mains)
• Roads: $1.14 per lineal foot
Additional cost in road maintenance
0 x 1.14 =
$
0
• Water: $3.44 per lineal foot
Additional cost in water line maintenance
0 x 3.44 =
$
0
• Sewer: $5.50 per lineal foot
Additional cost in sewer maintenance
0 x 5.50 =
$
0
Storm sewer maintenance costs:
Average square foot per lot -- 177,259 (4.07 acres)
Note, this is capped at 1I2 ac.
1
• No. of units x square foot x 0.004018 3 x 21,780 x $0.004018 263
Total Antici ated Cost of Services: 1 573
Anticipated revenue Generated
Assessments based on s are foota e:
Average square foot p rwl.ot: capped at 1/2 acre
• Storm sewer assessment $0.004018 per square foot
Revenue from storm sewer assessments 3 x 21,780 x $0.004018 = $ 263
• Street maintenance assessment $0.0101 per square foot
Revenue from street maintenance assessments 3 x 21,780 x $0.0101 = $ 660
• Urban forestry assessment $0.00135 per square foot
Revenue from urban forestry assessments 3 x 21,800 x $0.00135 = $ 88
Special Assessments: There are no special assessments. _ $ 0
General revenue:
• Assessed value per property: $ 375,000/triplex
Total assessed value: 1 x 375,000 = $ 375,000
Total taxable: 375,000 x 0.03543 = $ 13,286
• Total additional general revenue based on 170 mill levy:
$13,286 x 0.170 -- $ 2,259
Total Revenue Generated to the City $3,270
NET ADDITIONAL ANNUAL REVENUE TO THE CITY: 1,697
MOTE: 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.
pity of Kalispell
Planning Department
1.7 -- 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751 -1850
Fax: (406) 75I-1858
Wehsite: kalispellplanning. com
October 30, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MIT 59903
Re: Janet Cahill w- Annexation and Initial Zoning of R-3, Urban Single Family
Residential
Dear Jim:
The Kalispell City Planning Board met on October 10, 2006 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 4.07 acres located at 60 Denver Avenue,
Kalispell. It is the intent of the property owner to eventually subdivide the property.
Sean Conrad of the Kalispell Planning Department presented staff report #A-06-10
evaluating the proposed zoning. Staff recommended initial zoning of City R--3 based
on the surrounding city zoning and the Kalispell Growth Policy.
At the public hearing Janet Cahill and Alex Hasson, both of whom are on the board of
the non-profit agency requesting the annexation and zone change, spoke in favor of
the proposed R-3 zoning district. A neighboring property owner, Kathleen busk, stated
that her back fence borders the property and while she is happy to see the property
get cleaned up she is concerned that when the ground is frozen and they get rain
about 1/4 to 1/3 of her back yard is a lake and she would like the underground
infrastructure drainage, etc., fixed so that it does not come into her backyard. If the
annexation and initial zoning requests are approved by the City Council, and if the
owners move forward with their plans to subdivide, the drainage issues can be
addressed through the subdivision review process.
After the public hearing and board discussion a motion was made and passed
unanimously to forward a recommendation that initial zoning for this property should
be R-3, Urban Single Family Residential, upon annexation.
Cahill Annexation
October 30, 2006
Page 2
Please schedule this matter for the November 6, 2006 regular city council meeting.
You may contact this board or Sean Conrad at the Kalispell Planning Department if
you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
ell
Timothy Norton
President
Attachments: Staff report #KA-06-10 and application materials
Minutes of the 10 / 10 / 06 planning n i rig board meeting
c W/ Att: Theresa White, Kalispell City Clerk
c w/o Att.- Janet Cahill
P.O. Box 1401
Kalispell, MT 59903
JANET CAHILL
REQUEST FOR INITIAL ZONING OF R-3 UPON ANNEXATION
K'.ALISPELL PLANNING OFFICE
STAFF REPORT #IAA-06- 1 0
SEPTEMBER 27, 2006
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
an initial zoning designation of R-3 upon annexation to the city of Kalispell. A public
hearing has been scheduled before the Kalispell City Planning g Board and Zoning
Commission for October 10, 2006 beginning at 7:00 PM, to consider appropriate
zoning for the area property to be annexed. The planning board will forward a
recommendation for appropriate zoning to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The applicant has petitioned for annexation and an initial zoning designation of R-3,
an Urban Single -Family residential district, on approximately 4.07 acres. The
applicant had amended their initial request from R-3 to R-4 (Two Family Residential)
after the petition for annexation and initial zoning application was submitted to the
Planning i ng Department. The legal notice placed in the Daily Interlake notes the request
for initial zoning of R--4. However, after discussing the R-4 zoning with the plan_n;n g
staff, the applicant decided to amend the initial zoning request back to R-3. This
report evaluates the appropriate assignment of a City zoning classification M'
accordance with section 27.03.010(4) of the Kalispell Zoning ordinance. This
property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610,
M. C.A. , Annexation by Petition.
A. Petitioner / Owner: Janet Cahill
P.O., Box 1401
Kalispell, MT 59903
752-4735
B. Location and Legal Description of Property: The property proposed for
annexation and the initial zoning request is located on both the east and crest
sides of Denver Avenue at 60 Denver Avenue. It can be described as Lot 1 of
Minor Subdivision Plat Number 117 located in the NW 1/4 of Section 19, Township
28 North, Range 21 west.
C. E sting 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
away from concentrated urban development, typically not served by crater or
sewer services, or in areas where it is desirable to permit only low -density
development." Permitted uses in this district are generally limited to residential
uses. The minimum lot size requirement of the County R-1 zoning district is one
acre.
D. Proposed Zoning: The proposed R-3, Urban Single Family Residential, zone
allows single-family residences as permitted uses and has a m i n i m um lot size
requirement of 7,000 square feet and a lot width of 60 feet. The proposed City R-
3 district closely reflects the existing and intended uses for the property and is
consistent with the other City zoning in the immediate area.
E. Size: The area proposed for annexation and zoning contains approximately 4.07
acres.
F. Existing Land Use: The property proposed for annexation is currently developed
with a duplex and several outbuildings. The property owner intends to further
subdivide the property into single-family lots should the annexation and initial
zoning be approved.
G. Adjacent Land Uses and Zoning: The land uses in the area are primarily single-
family residential along with some duplexes located crest of the project site.
R. General Land Use Character: The general land use character of this area can be
described as primarily residential with a mix of duplex and single family homes.
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.
Sewer:
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 BASER ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76--2-205, M. C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2--203, M. C.A.
1. Does the requested zone corn-plycom-ply with the giowth poky?
The property is designated by the Kalispell Growth Policy future land use map as
"Urban Residential" which anticipates residential development with a density of
between 3 to 12 dwelling units per acre. Because of the provision of public crater
and surer to the site, the proposed R-3 zoning designation is in compliance with
the future land use designation for the area. The R-3 zoning has a mini_m__um lot
size requirement of 7,000 square feet. This same zoning designation has been
applied to properties immediately south of the project site. The proposed zoning
is in compliance with the anticipated land use for the area which anticipates a
mix of single-family and duplex dwellings in urban residential areas.
M
2.
3.
0
5 .
A
7.
Is the reguested zone designed to lessen congestion 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.
Will the requested zone secure safety from fire anic and other dangers?
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
building 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.
Will the requested zone promote 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.
Will the requested zone provide for ade uate 4ght 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.
Will the requested zone revent the overcrowdin of land?
As previously noted this area has been anticipated for urban residential
development. Public water and sewer are in close proximity to the site and an R-
3 zoning designation is appropriate. The anticipated density falls within the
proposed R-3 zoning designation. All public services and facilities will be
available to serve this subdivision. Currently this property is in the County
jurisdiction and is zoned R- 1, Suburban Residential, but the owners would not
have access to public sewer and water without annexation.
Will the re uested zone avoid undue con,.centration of people?
Minimum 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
3. will the re nested zone facilitate the ade uate provision of transportation, water,
sewerage, schools arks and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
3. Does the requested zone `ve consideration to the articular suitabihtv of the
property for particular uses?
The proposed R--3 zoning district is consistent with the surrounding zoning and
land uses in the area and gives due consideration of the suitability of this
property for the permitted uses in the district.
10. Does the reguested zone give reasonable consideration to the character of the
district?
The general character of the area is urban sized lots for residential development
on City sewer. The same type and density of development can be anticipated to
occur on this property which will be consistent with the character of the
neighborhood.
11. will the pMosed zone conserve the value of buildin s?
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 reguested zone encourage the most a ro riate use of the land
throw hout the municipality?
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.
RECOATION
it is recommended that the Kalispell City Planning Board and Zoning commission adopt
Staff Report # KA-06 -10 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.
Z:\FRDO\Reports\KA\2006\KA06-10 cahill.doc
City of Kalispell
Planning Department
17 - 2_'dStreet East, Suite ? I L, Kalispell, Montana. 5� E{ p j
US i L..
Telephone: (406) 751 - 1 8so �. PLANNINGDEPARTMENT
Fax: (406) 75I- I858
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME of APPLICANT: f
MAIL ADDRESS. r � ,' Z.
IT'ISTAT`E�IP • r f ---
C - PHONE.
INTEREST N PROPERTY:
Other Parties of Interesst to be Notified:
PARTIES of INTEREST:
MAIL ADDRESS: f
CITY/STATE/ZIP: ZZ= .:G?vlz
PHONE.
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING*
Address of the property: -`-'
Legal Description:
(Lot and Moil of Subdivision; Tract #
.f.
'2z l
(Section, Township, Range) (Attach rdetes and bounds as Exhibit A)
Land in project (ac) �f
P
The present zoning of the above property is.
The proposed zoning of the above property is:
State the changed or changing conditions th make the
q4.-, , `-
nt necessary:
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 Pi9 staff to be present on the
property for _routine inspection during the annexation process.
Ap Ilcant (Date)
1
h `r`
- �4, s
Violence Free Cri'M6 Line/The Abble
P.O. Box 1401 Kalispell, MT 59903-1401 • 406-752-7273
Office Phone: 406-752-4735
August 22, 2006
City of Kalispell Planning Department
17 2nd Street East, Suite 211
Kalispell, MT. 59903
Planning Board Members;
The Violence Free Crisis Line is proposing the following
changes to our newly acquired property at 60 Denver Avenue in the
south west section of the City of Kalispell. Since this property has
never been annexed and is surrounded by city property, we are
requesting annexation into the City of Kalispell. The four acres
currently known as Minor Subdivision #117 will become the new
home for The Abbie Shelter and a temporary housing program. As
you know The Abbie serves women and children who need safety
due to the danger of domestic violence in their homes. We served
more than 75 women and children in 2005 in The Abbie. Services for
women and children include daily peer counseling and advocacy with
community agencies, as well as support group and our new
temporary housing program.
Also we will be proposing a subdivision with the sale of 4 lots
from this property to help us defray the purchase cost. A portion of
the land that abuts Ashley Creek is Green Land that will be an asset
to the neighborhood and will basically stay the same. Montana
Mapping will be our technical assistants on this project.
Best Regards,
Janet Cahill
v
United
Services or victims of Sexual Assault and Domestic Violence Way
Return to:
Theresa white.
Kalispell City Clerk
P.D. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF wITMRAwAL 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 wanner 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 Flan for
this annexation pursuant to Section 7-2-4510, M.C.A. since the parties are in anent as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein a press an intent to have the property as herein described
withdrawn from th� Rural Fire District under the provisions of Section
7-33-21271, Montana Code Annotated; d 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.
Peti v nedOwner Date
Petitioner/Owner Bate
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA.
F ss
County of Flathead County
On this day ofbefore me, the undersigned, a Notary Public for
the Mate of Montana, personaky appearedknown
to me to be the person whose name is subscfibed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set y hand and affixed my Notary Seal the day and
year ` 'ficate first above written.
NOMY
PaWbg at KANRXW� MOWSO Notary public, S e oS Montana.
SEAL
Residing at
CW W 0` �`' ~� r 1My Commission expn* vs.
STATE OF MONTANA. �
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 narne is subscribed to the foregoing instrtment and acknowledged
to me that he/she executed the same.
IN WITNESS WIAEREOF, I have hereunto set my hand and affixed nay rotary 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 a and
respeetively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged. to Hire 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