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4. Resolution 5625 - Annexation Request - Orchard Village, LLP• ,�,�,r�..� Planning Department ~ 2011" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag. (406) 758-7739 PLANNING FOR THE FUTURE �O�i'A�A www.kalisgell.com✓alarming REPORT TO: Doug Russell, City Manager�ll FROM: Tom Jentz, Director SUBJECT KA-13 -01 - Request for Annexation with B -2 Zone - orchard Village MEETING DATE: June 3, 2013 BACKGROUND: The Kalispell City Planning Board met on May 14, 2013, and held a public hearing to consider a request by orchard Village, LLP, for annexation with an initial zoning classification of B-2 General Business. The property is located at 57 Appleway Drive and the Y2 acre tract is generally described as Tract 1 6A in the Nw41E4 of Section 13, Township 28 North, Range 22 ,'L]LTest, P.M.M., Flathead County Montana. The applicants indicated that they desired to construct a multi -family structure (4-plex) on an existing parcel that already contained a single family residence. The applicants stated that they needed municipal services to allow the project to proceed. The site lies immediately adjacent to the existing 54 unit orchard Village apartment complex on the south side of Appleway Drive and it is the intent of the owners to blend this lot into the existing apartment complex. Staff recommended approval of the annexation with initial zoning of B-2 General Business. No one spore 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: General Business. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, I ' ' 4JI , . �h� Tom Jentz Kalispell Planning Director A motion to approve the annexation with an initial zoning classification of B-2 Approval of the request would have slightly positive fiscal impacts to the City. Deny the request. Report compiled; May 29, 2013 c. Theresa white, Kalispell City Clerk Orchard Village LLP Return to: Kalispell City Clerk Po Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5525 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 16A IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.1VI.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS ORCHARD VILLAGE ADDITION NO.419; 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 orchard Village, LLP, the owner of property located on the south side of Appleway Drive adjacent to and on the west side of the Appleway Apartment complex, 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-13-01, dated May 3, 2013; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City B-2, General Business, on approximately .50 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 1 6A in the Northwest Quarter of the Northeast Quarter of Section 13, Township 28 North, Range 22 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 Orchard Village Addition No. 419. 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 KALISPELL., THIS 3 RD DAY OF JUNE 2013. Tammi Fisher Mayor ATTEST: Theresa White City Clerk ORCHARD VILLAGE, LLP REQUEST FOR INITIAL ZONING OF R-29 UPON ANNEXATION STAFF REPORT # EA-1 -1 KALISPELL PLANNING DEPARTMENT MAY 39 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 B-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 B-2, a General Business District, on an existing lot approximately 1I2 of an acre in size. The owner is requesting annexation in order to construct a 4-plex and add the existing single family residence as an expansion to the adjacent Orchard Village Apartment complex. 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 f Owner: orchard Village, LLP P.O. Box 7505 Kalispell, MT 59904 B. Location and Legal Description of Property: The lot is located on the south side of A.ppleway Drive adjacent to and on the west side of the Appleway Apartment complex and abuts the city on two sides. The 1/2 acre tract can be legally described as tract 1 6A in the Nw4NB4 of section 13, Township 28 North, Range 22 west P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The tract is Currently developed with a single family residence with detached 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 array from concentrated urban development, typically not seared by water or serer 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 I acre. PWX. L 771, 40, t 44 ' r Pjr y ^��•1 1'F . I Y' 41 '. Ila y ,.•;-. _ 1 +S A� its �•fi. + .,'j 4wGoc�slc earth ' � _ A '. �!'.. ..II •r' i.•S�i' �Si:1�:iVj,' •31i �i.'�:.�.1'e• �� .i'f .'r.'�.:i if i•r �f"': .+ ���Si', r't• i� �r'f r 3 'x tl �l � T' � F 41 �•• i ' i• • �} r• r ail, jSijr" � .may r ;r �;��.r� � •fry •r. i.; f ' _ •{- ' � �'-' - 4 ! D. Proposed Zoning: The proposed B-2, General Commercial zone allows general retail sales and service and office uses as well as single-family and multi -family residential uses. Note that multi -family residential does require a conditional use permit. The minimum lot size requirement is 7,000 square feet and a width of 70 feet. The proposed City B-2 district more closely reflects the existing commercial and multi -family nature of the area and intended uses for the property. The proposed B-2 zone is defined as, "A district which provides for a variety of sales and service establishments to serve both the residents of the area and the traveling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands." E. Size: The tract is approximately 1/2 acre in size. F. Adjacent Land Uses and Zoning: The Appleway Drive neighborhood is primarily developed with a mixture of hotel, office and multi -family residential uses. North: Comfort Inn, City B-2 East: Appleway Apartments, City B-2 West: Vacant lands, County I-1 South: BN Railroad, bike trail County 1-2 G. General Land Use Character: The general land use character of this area can be described as a mixture of multi --family apartment units abutting office and motel uses. H. Utilities and Public Services: All available public services and facilities are available to the property owner. An s" water main abuts the east property line and a 10 inch water line abuts the north property line. A 12" sewer main lies on the north side of Appleway Drive which will serve this property. If annexed, the owner would have to pay the required impact fees to connect to the city's services. Sewer: City sewer main if annexed Water: City Water if annexed Refuse: Contract hauler Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: School District #5, Kalispell Fire: Smith Valley Fire Department (currently) Kalispell Fire Department if annexed Police: Flathead County Sheriff Department (currently) Kalispell Police Department if annexed I. ANNEXATION EVALUATION 1. Compliance with the growth_polia: 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: 91 • Implement a comprehensive, effective growth management program that recognizes and upholds the general welfare of the community as well as individual rights. + 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 water and sewer main lines are located immediately adjacent to the property requesting annexation. The main lines are within the right-of-way for Appleway Drive. If annexed, the existing single family residence would have access to connect to the grater and sewer mains and the proposed 4-plex would also have convenient access provided the appropriate impact fees and necessary permits are obtained from the city first. 2. Municipal Services: Appleway Drive is a city street. Sidewalks stop in front of the proposed annexation. They would be extended with the associated conditional use permit for development of the 4-plex on this property. As stated above water and sewer main lines are located in Appleway Drive adjacent to the site. These main lines are adequate to serve the existing residence and the proposed 4-plex on the property requesting annexation. A fire hydrant is located immediately east of the existing residence. 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 2 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 sewer and water. 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. 4 The attached cost of services analysis for this annexation shows approximately $6,719 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 $6,219. Based on these estimated figures the annexation will benefit the city by approximately $500/year. Additionally, the city will receive a one-time payment of $24,510 in impact fees. II. 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 growth policy? The property is designated by the Kalispell Growth Policy future land use map as "Commercial" which anticipates retail sales and service, office uses and mixed use projects including more dense residential developments. The applicant plans to annex the property and use this site as an expansion to the existing orchard Tillage Apartment Complex on Apppleway. 2. Will the requested zone have an effect on motorized and nonrnotorized transportation astems? The property is currently developed with a single family residence and a conditional use permit has been submitted for development of a residential 4- plex. Annexation of this property will increase traffic as the site is fully developed with residences, however the overall impact on Appleway Drive and the adjoining street system which would increase by approximately 40 vehicle trips a day will be insignificant. 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 safe 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. 5. 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 _growth? The requested B-2 zoning district allows the property to be blended into the existing fabric of the multi -family neighborhood. This zoning district maintains 5 and is compatible with the established land use pattern in this area which is primarily multi -family residential. 7. will the re nested zone facilitate the adequate provision of transportation, water sewerage- schools, parks,_ and _other public requirements? All public services and facilities are currently available to the property. The property is already fully developed and annexation will not further impact the area. S. Does the requested zone give consideration .to, the particular suitability of the property for particular uses? The proposed B--2 zoning district is consistent with the surrounding multi -family development in the area. The B--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 ive reasonable consideration to the character of the district? The general character of the area is a mix of motel, office and multi -family residential. By assigning the property with the B-2 zoning district the development of this property will be consistent with the mixed use character of the neighborhood and especially support the apartment development. 10. Will the reguested zone avoid undue concentration of peo-ple? There will be a minor increase in the number and concentration of people in the area with up to 4 more families if the lot is fully developed. The minimum density standards of the B-2 zone and the requirement for a conditional use permit if the appplicatns proceed with development of the 4-plex will insure that proper safeguards and design features are incorporated. 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 owner access to municipal services and fully develop this lot in concert with the adjoining property to the east. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case crater and serer lines are located immediately abuting the property. The proposed zoning is consistent with the city growth policy future land use designation and is compatible with adjacent city zones and uses. RECOMMENDATION It is recommended that the Kalispell City Planning Board and zoning Commission adopt Staff Report ##KA-1 3-1 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 B--2, General Business. Orchard Village Initial Cost of Services Analysis Upon Annexation PROJECT DETAILS Number.of dwellings units proposed to be annexed: Estimated increase in population: Average square foot per lot: 1. COST OF SERVICES Fire: $762 Police: $1,226 Administration: $675 Solid Waste: $0 Costs per dwelling Unit or Equivalent Residential Unit (ERU): 5 Roads (Based on 70 feet of frontage) $151 Water: $11110 Sewer: $690 Wastewater Treatment $815 Stormwater: $435 Parks: $355 TOTAL ANTICIPATED COST OF SERVICE _ $51219 2. ANTICIPATED REVENUE GENERATED Assessments Storm sewer assessment: $606 Street maintenance assessment: $11331 Urban forestry assessment: $150 Light maintenance assessment: .$150 Sewer and water bill: $21237 TOTAL ANTICIPATED REVENUE = $4,474 3. TAX REVENUE Taxable Market Value $4607000 Total taxable value: $127098 Total additional revenue based on city mill levy: $2,245 TOTAL ESTIMATED TAX REVENUE = $2,245 4. IMPACT FEES Sewer impact fee: $91996 Water system impact fee: $71746 Stormwater impact fee $4, 368 Police impact fee $179 Fire impact fee $21221 TOTAL ESTIMATED IMPACT FEE _ $247510 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) 5 10.0 22, 500 $0,719 $241510 7. NET BENEFIT TO THE CITY PER YEAR (ITEM 2 + ITEM 3 - ITEM 1) $500 .ir''ANT IN 3..,. ._........ ...._....- s:'_.... :.:.......... >. ...........I.............. : ti... ......_.-.:i:: ........, ti::t--.-.....- �.. Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7.940 Fax: (406) 758-7739- -%iyw.k-a11S a .com/plannlna PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLIC41 T: MAIL ADDRESS: � tlC' k'a/d �f 1* 0,& "00"? (� 0 J5 NN CITY/STATE/ZIP: Caj, i. ', MTZ�j C—PHONE: 4-(0�.�'-� (�` 2-- INTEREST IN PROPERTY: Other Parties of Interest to be Notified: PARTIES OF INTEREST. - MAIL ADDRESS: CITY/STATE/ZIP: INTEREST IN PROPERTY: PHONE: PLEASE COMPLETE THE FOLLOWING: Address of the property: � Ck 110 Lt_UJ �' �� `�` �. � t5j Legal Description: It> �t [ d (Lot and Block of Subdivision; Tract #) (Section, Township; Range) (Attach met Land in project (ac): '�> and bounds as Exhibit A) Current estimated market val ue 0 t 6 0.0 at 50% build out at 100% build out (-/ 6 0 { o 0 Is there a Rural Fire Department RSID or Bond on this property Yes No If yes remaining -balance is $ % The present zoning ❑f the above ra ert is:_�' P P Y The proposed zoning of the above property is: State the changed or changing conditions that make the proposed amendment 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 Planning staff` to be present on the property for routine inspection during the annexation process. (Applicant) Iq 1(3 (Date) 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 properly 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 Rural Fire District under the provisions -of Section 7-33-2127, Montana Code Annotated; an hat 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 7-2-473 G prohibits the city from providing solid waste services to this property for a minimum of 5 years from date 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. STATE OF MONTANA ss County of Flathead County On this J day ofA-*-,J a,ef=orme, the ndersgned, a Notary Public for the State of Montana, personal y appeared +�_ 2rw 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 y - is certificate first above written. C• r'r o ANNE C. TAYLOR t AR NOTARY PUBLIC for ft Notary Public, St a of ntan.a Stag of Montana tp.SEAL t Printed Name Rasldlrg a�fa,ntarte � 1 � * My comm"On Expires Residing at Kilo,_ h1an:&S'a I D00mbor I, 2016 My Commission ex ires: STATE OF MON : 5s 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 Printed Name Residing at My Commission expires: N 11-4, 91� z0oszsa EXHIBIT `A' That portion of the Northwest Quarter of the Northeast Quarter (NWI/4NE`/`) of Section 13, Township 28 North, Range 22 West, P. M- M _, Flathead County, Montana and more particularly described as follows: A strip of land 66 feet in width along the East side of the NW%NE%4 bounded on the North by the South line of the county road, and on the South by the North line of the Great Northern Railway right-of-way, and more particularly described as follows: Beginning at a point 30 feet South of the NE comer of the said NWY4NE14; thence along the East line thereof South a distance of 320 feet t the North line of the Great Northern Railway right--of-way; thence along the North line of said right-of-way Southwesterly a distance of 70.33 feet to a paint; thence North and parallel with and distant 66 feet West of the East line of the tract herein described a distance of 336.12 feet to the South line of the county road; thence along the South line thereof East a distance of 68 feet to the Point of Beginning. STATE of MONTANA, COUNTY of FLATHEAD Recorded at the Iquest of this d y , 20051 at o'clock and duly recorded in the regotid of Flathead Counter, Montana, fr r Document No. County Clerk -and Recorder Fee $ Paid / \ Return To: nVc.h LL? Deputy CD `/f G �Q ount Y 0 16+. �l EW ORCHARD ViL'"A ;E'_. AMD 101 Fk 12I— womm _ 4 u I E M D pPL. i + L 72E'q . _ 12 ou nty 11C 1�2._. . 14 .� . i18 1161!15 14 VICINITY MAP PROJECT: ORCHARD VILLAGE, LLP Is 12;111 Rio 91 e 7 r,, SCALE 191 = 2001 REQUEST FOR ANNEXATION &INITIAL ZONING FROM COUNTY R-1 TO CITY B-2 (GENERAL BUSINESS) AND A CONDITIONAL USE PERMIT TO CONSTRUCT A MULTI -FAMILY APARTMENT BUILDING PIAT DATE 4/8/13 FILE# KCU-13-02 x:\gis\site\kcu13_02 Orchard Villege.dwg