Loading...
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. -+.e: r ti`- T'' j(„(T. f i L�lu I,] r wl ' I+ tiY�,. t?'': -, #d, ,,71�� 3'�il::: ,• I. •:�r.i � , • , r .4j .� _ ,C: ' . .. '� •r, '�I , 1• • • '....� rr 2. of pq •r7 — ''I r ::. .1 r ,• ;;fir . - . •" r.f►y;�}•� .. wr....... . •� - �� 1- r� • 'may �_ � .� �J 4 ... !. �I •�c7 i1�ii/`? � . ,rY"=:},�_ ..r -...• ala! `' a •r. ~, y' *- jail' ~`� �It�. if •i Iti,- �i. , ED r t ell earth T' ! ._.;. � � '� i �11'I I'1;-' .]' '4 �' 'd i •# '!� .47` 1Y }'Y 2+�V:1 Ti +•, ri` .r11 i ryf � WOO Op � _ t M' � ri'•� f� r 4 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 �SZAI �� , ' r f 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. i _- _--__-- County R-5 9 � 53;— I54551 561" 57i 5 10 � LEISUFE DR f 1 {� i e^ - I Count Subject Property 21 -� 5 9w 2 vo u n Y. l 12 3AAC i e. .125 I - 62 17 1 ` 6 31248A .. 47A78d 6 4 16 .71.. 72 74 t 34 46 r 1 f 151_/<<, 5 4 f _ •ti 5./l�_'l_l,., ., - 28.1----.�._�„s,...,, � '3F 3544/ f f f 89 76 r IT z ,� 4 3 . 29, 32/ v 06 f. 13 77 i -W �__ .. 30 3 1 _ 82 I 8. 76 Y.._� �. t 40 41 WINDRIVE 'DRIVE - 79 11 10F 91 71 6 5 T, 4 3-7 2 86 80 es 11 j12 13 . � �26 81 382 9 I\ � ��,. r27 2 10 r i 5� I-- I ��a�115 24. J�28 co CU 2 1-- i-ofho1NRlE6129 VICINITY MAP PROJECT: MARILYNN RIGHTER County � 11 4 I Volto , R�2 N ,,.......... 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