2. Resolution 5624 - Annexation Request - Marilynn RichterKALISPELL
PLANNING FOR THE FVIVRE MOIN�ffT"A
REPORT TO: Doug Russell, City Manager- W.
FROM: Tom Jentz, Director
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kahsPell.com/plawging,
SUBJECT KA--13 -02 - Request for Annexation with R-2 Residential Zoning - Richter
MEETING BATE: June 3, 2013
BACKGROUND: The Kalispell City Planning Board met on May 14, 2013, and held a public hearing to
consider a request by Marilynn Richter for annexation with an initial zoning classification of R-2 Residential.
The property is located at 205 Leisure Drive and is located on the east side of Leisure Drive immediately north
of the Leisure Drive subdivision homeowner's park. The 3I4 acre tract is described as tract 3D in the
NW4NW4 of Section 21, Township 28 North, Range 21 west P.M.M., Flathead County, Montana. The
applicant indicated that her septic tank had failed and that she desired to hook up to municipal sewer. Her
property is surrounded on three sides by the city and a sewer main lies in the street immediately in front of her
property.
Staff recommended approval of the annexation with initial zoning of R-2 Residential. No one spoke at the
public hearing regarding the amendment. The proposal was forwarded to the Council with a positive
recommendation on a unanimous vote of 6-0.
RECOMMENDATION: A motion to approve the annexation with an initial zoning classification of R-2
Residential.
FISCAL EFFECTS: Approval of the request would have slightly positive fiscal impacts to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Tom Jentz
Kalispell Planning Director
Report compiled: May 29, 2013
c: Theresa White, Kalispell City Clerk
Marilynn Richter, 205 Leisure Drive, Kalispell, MT 59901
Return to:
Kalispell City Clerk
Po Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5624
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS TRACT 3D IN THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 28 NORTH, RANGE 21
NEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS RICHTER
ADDITION NO. 415; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE
KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Marilyn H. Richter, the owner of
property located on the east side of Leisure Drive adjacent to the Leisure Heights
Homeowner's Park, 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-13-02, dated May 3, 2013; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-2, Residential, on approximately .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 described as Tract 3D in the Northwest Quarter of
the Northwest Quarter of Section 21, Township 28 North, Range 21 West,
P.M.M, Flathead County, Montana, be annexed to the City of Kalispell and
the boundary of the City is altered to so provide, and shall be known as
Richter Addition No. 418.
SECTION 2. 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 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell zoning Ordinance.
SECTION 4. 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 KALIS PELL, THIS 3 RD DAY OF JUNE, 2013.
Tammi Fisher
Mayor
Theresa White
City Clerk
REQUEST FOR INITIAL ZONINGr OF R-2, UPON ANNEXATION
STAFF REPORT KA-13-2
KALISPELL PLANNING DEPARTMENT
MAY 31 2013
A report to the Kalispell city Planning Board and the Kalispell city Council regarding a
request to annex into the city limits with the initial zoning designation of R-2 upon
annexation. A public hearing has been scheduled before the Kalispell city Planning
Board for May 14, 2013 beginning at 7:00 PM, to consider the annexation request and
the appropriate zoning for the property to be annexed. The planning board will
forward a recommendation to the Kalispell City council for consideration.
BACKGROUND INFORMATION
The owner has petitioned for annexation and an initial zoning designation of R-2, a
Single Family Residential District, on an existing lot approximately 3/4 of an acre in
size. The owner is requesting annexation in order to hook up to the Kalispell sewer
system to address a failing on -site septic system.
This report evaluates the annexation request and the appropriate assignment of a city
zoning classification in 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: Marilynn H. Richter
205 Leisure Drive
Kalispell, MT 59901
Be Location and Legal Description of Property: The lot is located on the east side
of Leisure Drive adjacent to the Leisure Heights Homeowner's Park and abuts the
city on three sides. The 1/4 acre tract can be legally described as tract 3 D in the
NW4 NW4 of Section 21, Township 28 North, Range 21 West P.M.M. , Flathead
County, Montana.
C. Existing Land Use and Zoning: The tract is currently developed with a single
family residence with attached garage. The current county zoning on the
property is R-1 Suburban Residential. This district is defined as "A district to
accommodate estate --type development. These areas would normally be located in
rural areas away from concentrated urban development, typically not served by
water or sewer services, or in areas where it is desirable to permit only low -
density development (e.g. extreme topography, areas adjacent to floodplains,
airport runway alignment extensions) ." Permitted uses in this district are
generally limited to residential uses. The conditionally permitted uses allow some
non-residential uses such as churches, daycare centers, bed and breakfasts,
schools and golf courses. The minimum lot size requirement of the county R-1
zoning district is 1 acre.
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U. Proposed Zoning: The proposed R-2, Residential, zone allows single-family
residences and has a minimum lot size requirement of 10,000 square feet and a
width of 70 feet. The proposed City R-2 district more closely reflects the existing
single family residential nature of the area and intended uses for the property.
The proposed R-2 zone is defined as, "A district intended to provide adequate lot
areas for lower density residential development; should have good thoroughfare
access; and be in proximity to community and neighborhood facilities, i.e.,
schools, parks, shopping areas, etc. This development will normally require all
public utilities."
E. Size: The tract is approximately 3I4 acre in size.
F. AdJacent Land Uses and Zoning: The Leisure Heights neighborhood is primarily
developed with single-family residences.
North: Residential, County R-1
West: Residential, City R-2
South: Residential, City R-2
East: Residential, City R-2
G . General Land Use Character: The general land use character of this area can be
described as primarily single family residential.
H. Utilities and Public Services: All available public services and facilities are
available to the property owner. water and sewer main lines are located directly
in front of the property requesting annexation within the Leisure Drive right-of-
way. If annexed., the owner would have to pay the sewer impact fees prior to
connecting to the city's serer lines.
Sewer: City sewer main if annexed
Water: Homeowners well
Refuse: Contract hauler
Electricity: Flathead Electric Cooperative
Telephone: CenturyLink
Schools: School District #5, Kalispell
Fire: South Kalispell Fire Department. (currently) Kalispell Fire
Department if annexed
Police: Flathead County Sherriff Department (currently) Kalispell
Police Department if annexed
I. ANNEXATION EVALUATION
1. Compliance with the gLowth olio :
Chapter 2 of the Kalispell Growth Policy discusses the issues with cyclical
growth the city has seen over the years. The chapter focuses on affordable
housing, delivery of services, location of new development, redevelopment of the
existing urban core and quality of life issues. As part of the review of the
annexation request the following goals contained in chapter 2 are relevant to
this particular annexation request. The goals are:
• Implement a comprehensive, effective growth management program that
recognizes and upholds the general welfare of the community as well as
individual rights.
91
New urban and suburban development occurs in areas where public
water and sewer are available.
In addition to the two cited goals, the city council has recently adopted an
annexation policy with a corresponding map as an addendum to the city's
growth policy document. The purpose of the annexation policy is to give the
planning board, the council and the development community direction when
property owners outside of the city limits are requesting municipal services and
annexation. The property requesting annexation falls inside the annexation
boundaries for property owners to request direct annexation into the city.
Public crater and sewer main lines are located immediately east of the property
requesting annexation. The main lines are within the right -of -moray for Leisure
Drive. If annexed, the property would have access to connect to the sewer main
provided the appropriate impact fees and necessary permits are obtained from
the city first.
2. Municipal services:
Leisure Drive is a city street and is fully developed with curb, gutter and
sidewalk. As stated above water and surer main lines are located in Leisure
Drive adjacent to the site. These main lines are adequate to serve the future
home on the property requesting annexation. A fire hydrant is located on the
west side of Leisure Drive immediately adjacent to the site. Given the close
proximity to existing services, annexation of the property will not overburden
the municipal services currently in place.
3. Distance from current city limits:
The property requesting annexation abuts the city on 3 sides.
4. Cost of services:
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. If annexed, the property owner will be connecting
to city serer services in order to replace a failing on -site septic system.
The attached cost of services analysis prepared for this property is used for all
residential annexations for residential land up to one-half acre. The analysis is
only an estimate based on a variety of assumptions. The analysis does not take
into consideration changes in methods of assessment and estimated costs
associated with services. The information can only be used as a general
estimate of the anticipated cost of services and revenue.
The attached cost of services analysis for this annexation shovers approximately
$ 2 ,103 will be generated from assessments and taxes. To serve the property
with police and fire services, street maintenance, parks and water/ sewer
services will total approximately $1,848. Based on these estimated figures the
annexation will benefit the city by approximately $162.
To summarize the location of the property is currently surrounded by the
current city limits on two sides, the costs to our streets, parrs, etc. are already
being experienced with no tax compensation. Annexing the property and the
accompanying city taxes would help to pay for the services and impacts to city
infrastructure.
11. INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell
Zoning Ordinance.
1. Does the requested zone comply with the gEowth olic ?
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. The proposed R-2 zoning designation
permits density within the range listed in the urban residential land use
designation.
2. will the requested zone have an effect on motorized and nonmotorized
transportation s stems?
The property is currently developed with a single family residence. Given the
shape of the tract and the limiting topography to the east, the lot is fully
developed. Annexation of this property will not increase traffic on either Leisure
Drive nor will it negatively impact the road system in this area.
3. Will the requested zone secure safety from fire, panic, 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. All municipal services including police and
fire protection, water and sewer service are available to the area.
4. Will the requested zone promote the public health, safety 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.
S. Will the requested zone provide for adequate light and -air?
Setback, height, and lot coverage standards for development occurring on this
site are established in the Kalispell zoning Ordinance to insure adequate light
and air is provided.
6. Will the requested zone promote compatible urban . owth?
The requested R-2 zoning district limits the property uses to prirn.arily single
family homes. This zoning district maintains and is compatible with the
established land use pattern in this area which is primarily single family
residential.
�I
7. will the requested zone facilitate the adequate provision of transportation, water,
'�
sewerage, schools, parks, and other public reguirernents.
All public services and facilities are currently available or can be provided to the
property. The property is already fully developed and annexation will not further
impact the area.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed R-2 zoning district is consistent with the surrounding residential
zoning and land uses in the area. The R-2 zone also gives due consideration of
the suitability of this property for the permitted uses in the zoning district.
9. Does the requested zone g1ve reasonable consideration to the character of the
district?
The general character of the area is suburban scale residential development. By
assigning the property with the R-2 zoning district the development of this
property will be consistent with the residential character of the neighborhood.
10. will the_reguested zone avoid undue concentration, of people?
No significant increase in the number and concentration of people in the area will
likely result after this land has been converted from a county residential zone to a
city residential zone. Both the current county zoning and the proposed city
zoning of R-2 would permit a single family home on the property. Minimum lot
standards and use standards within the proposed R-2 zoning district avoid the
undue concentration of people at the time the property is further developed.
11. will the -proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the annexation will
allow the current homeowner access to municipal sewer which will allow her to
continue to live in the existing house. The R-2 zone will maintain the standards
as are found on other properties in the area.
12. will the requested zone encoura e the most a ro ria.te use of the land
throughout hout the municipality?
Urban scale residential development should be encouraged in areas where
services and facilities are available. In this case crater and sewer lines are
located immediately west of the property. The proposed zoning is consistent with
the growth policy future land use designation and is compatible with current.
county zoning in the immediate area.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and zoning commission adopt
Staff Report KA-1 3-2 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the initial zoning for this property upon annexation be
R-2 , Residential.
Al
Richter Initial Cost of Services Analysis Upon Annexation
PROJECT DETAILS
Number. of dwelling units proposed to be annexed: 1
Estimated increase in population: 3.0
Average square foot per lot: 33,40O
1. COST OF SERVICES
Fire: $332
Police: $ 500
Administration: $151
Solid Waste: $0
Costs per dwelling unit or Equivalent Residential [Unit (ERU): I
Roads ( Based on 0 feet of frontage) $0
Water: $0
Sewer: $414
Wastewater Treatment $489
Stormwater: $0
Parks: $213
TOTAL ANTICIPATED COST OF SERVICE = $1,848
2. ANTICIPATED REVENUE GENERATED
Assessments
Storm sewer assessment: $1 2 1
Street maintenance assessment: $200
Urban forestry assessment: $53
Light maintenance assessment: $0
Sewer and water bill: $447
TOTAL ANTICIPATED REVENUE = $887
3. TALC REVENUE
Taxable Market Value $230,040
Total taxable Value: $6,049
Total additional revenue based on city mill levy: $121 23
TOTAL ESTIMATED TAX REVENUE $19123
4. IMPACT FEES
Sewer impact fee:
$21499
Water system impact fee:
$0
Stormwater impact fee
$0
Police i m pact fee
$41
Fire impact fee
$483
TOTAL ESTIMATED IMPACT FEE = $3,023
SUMMARY
a. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $29010
A ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $39023
7. NET BENEFIT TO THE CITY PER YEAR (ITEM 2 + ITEM 3 - ITEM 1) $162
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 7-2-461 Q, 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 Ot� �kA,-, ral 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 eity from
providing solid waste services to this property for a minimum of S years from date of annexation.
'ILI
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Petitioner/own 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 SI-H day of,before me, the undersigned, a Notary Public for
the State of Montana, personally appeared MAkILyAW 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 ' 's certificate first above written.
N S, SATWMV S. KMLIN
'
°Is
10TARY PUBLIC for the
N� SEAL z
Mate of Montana
Residing at Kalispell, Montais
Notary Public, State of Montana
r' tee
Printed Name
~9 OF
ply Commission Expires
February % 2014
_
Residin at us I�Cvr�'0W04 Rr
g
My Commission expires:lcg 0 J
STATE of MONTANA
ss
County of Flathead County
On this day of , , before one, 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
Printed Name
Residing at
My Commission expires:
STATE OF MONTANA )
ss
County of Flathead
Can 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 nay Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires
3
Exhibit A
Marilynn H. Richter
Annexation & Initial Zoning
Regal Description
A tract, piece or parcel of land situate, lying and being in the Northwest Quarter
of the Northwest Quarter (NWIY4NWIY4) of Section 21, Township 28 North, Mange
21 west, P.M.M., Flathead County, Montana, and more particularly described as
follows:
Commencing at the Northwest corner of said Nw1'4Nw1/4 of Section 21; thence
North 89°52' East, and along the Northerly boundary line of said NW3/4Nw/4,
660.0 feet to a point; thence
South 0°08' East, 200.0 feet to the true point of beginning of the tract of land
being described; thence
North 89 °52' East, and parallel to the Northerly boundary line of the NW I/4Nw �Y4,
247.8 feet to a point; thence
South 15°52' west, 104.0 feet to a point; thence
South 89 °52' west, and parallel to the Northerly boundary line of said NW Y4NW Y4
293.9 feet to a point on the Easterly boundary line a county road; thence
North. 2°38' west and along the Easterly boundary line of said county road, 100.1
feet to a point; thence
North 39*52' East, 79.2 feet to the Point of Beginning.
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VICINITY MAP
PROJECT: MARILYNN RIGHTER
County � 11
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SCALE 1" = 250 )
REQUEST FOR ANNEXATION AND INITIAL ZONING FROM COUNTY R-1 -TO
CITY R-2 (RESIDENTAIL) LOCATED AT 205 LEISURE DRIVE
PLOT DATE 4/8/13
FILEW KA-13-02 H:\gie\site\ke_13-02 — Richter.dRg