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02. Presentation - Annexation, Zoning and Conditional Use Permit Request - Lisa WadeREPORT TO: FROM: SUBJECT: City of Kalispell Planning Department 17 - 2nd Strcet East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751- 1858 website: kalispellplanning. com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Lisa Wade -Annexation and Initial Zoning of RA-1 (Low Density Residential Apartment) MEETING DATE: October 16, 2006 BACKGROUND: This is a request by Lisa Wade for annexation and initial zoning of RA-1 (Lour Density Residential Apartment) on approximately 14,375 square feet located at 1615 Fifth Avenue East, Kalispell. It is the intent of the property owner to develop the property with an apartment building. The Kalispell City Planning Board met on. dune 13, 2006 and held a public hearing to consider the request. Staff evaluated the proposed zoning and recommended initial zoning of City RA-1 based on the surrounding city zoning and the Kalispell Growth Policy. Bob Erickson of Jackola Engineering spoke in favor of the proposal. No one spoke in opposition of the proposed zoning. 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 RA-1 upon annexation. RECOMMENDATION: 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. FISCAL EFFECTS: Minor fiscal impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Wade Annexation October 10, 2006 Page 2 Respectfully sub ' ted, Sean Conrad Senior Planner Report compiled: October 4, 2006 es I i. Patrick ity Manager Attachments: Transmittal Letter Petition to Annex Cost of Services Report Staff Report #RA-06-9 and application materials Minutes 9 / 19 / 00 planning r, g board meeting. c: Theresa White, Kalispell City Clerk IAA-06-9 Lisa Wade Asine.0 ation Cost of Services Analysis (Resident�al� 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 water and sewer are available along Fifth Avenue East. Number of Dwelling Units pMposed to be annexed 5 units Estimated Increase in Po elation: (based on US Census Figure of 2.2 per household) 10 Cost of Services Per caaita costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department • Administration: $39.48. Additional cost to administration. 10 x 110.00 = $ 1,100 10 x 39.48 = $394 * Solid waste: Additional cost to solid waste (none for five years) = $ 0 Lineal Feet Costs: (Lineal feet --- All roads within development will be privately owned and mainted, as well as the sewer and grater lines) • Roads: $1.14 per lineal foot Additional cost in road maintenance • water: $3.44 per lineal foot Additional cost in water line maintenance • Sewer: $5.50 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Average Square foot per lot - 15,000 square feet This is capped at 1I2 ac. 0 x 1.14 = $ 0 0 x3.44= $ 0 0 x5.50= $ 0 • No. of units x square foot x 0.004018 5 x 3,000 x $0.004018 = $60 1 Total Anticipgte d Cost of Services: $2,242 Anticipated revenue Generated Assessments baked on square foo e: Average square foot Baer unit: 5 unit complex averaging 3,000 square feet per unit • Storm severer assessment $0.004018 per square foot Revenue from storm sewer assessments 5 x 3,000 x $0.004018 - $ 50 • Street maintenance assessment $0. 0 101 per square foot Revenue from street maintenance assessments 5 x 3,000 x $0. 0 101 = $ 152 • Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 5 x 3,000 x $0.00135 = $ 20 Special Assessments: There are no special assessments. - o General revenue: • Assessed value per unit: $ 60,000/unit Total assessed value: 5 x 50,000 = $ 300,000 Total taxable: 300,000 x 0.03543 = $ M629 • Total additional general revenue based on 170 mill levy: $10,629 x 0.170 Total Revenue Generated to the City POTENTML NET LOSS OF REVENUE To THE CITY: _ $ 1,807 $29,039 $-203 NOTE: This information is based upon assumptions regarding building valuations and does not tale 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. Z: \ FRDo \TRANSMITAL,S \ 20 6 / I A06-9 WADE CSTOFSVCS. DDG K City of Kalispell Planning Department 17 - 2"dStreet East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com October 10, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Lisa Wade - Annexation and Initial Zoning of RA-1 (Low Density Residential Apartment) Dear Jim: The Kalispell City Planning Board met on September 19, 2006 and held a public hearing to consider a request for annexation and an initial zoning designation of RA-1, Low Density Residential Apartment, for approximately 14,375 square feet located at 1615 Fifth Avenue East, Kalispell. It is the intent of the property owner to develop the property with an apartment building. Sean Conrad of the Kalispell Planning Department presented staff report #KA-06-9 evaluating the proposed zoning. Staff recommended initial zoning of City RA-1 based on the surrounding city zoning and the Kalispell Growth Policy. Bob Erickson of Jackola Engineering spoke in favor of the proposal. No one spoke in opposition of the proposed zoning. 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 RA-1 upon annexation. Please schedule this matter for the October 16, 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. Wade Annexation October la, 2006 Page 2 Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Staff report #KA-06-9 and application materials Minutes of the 9/19 / 06 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lisa J. Wade P.O. Box 312 Kila, MT 59920 Jackola Engineering P.O. Box 1134 Kalispell, MT 59903 LISA WADE REQUEST FOR INITIAL ZONING OF RA-1 UPON ANNEXATION KALISPELL PLANNIING DEPARThIENT STAFF REPORT #KA-06-9 SEPTEM33ER 6, 2006 A report to the Kalispell City Plan n n g Board and Zoning Commission and the Kalispell City Council regarding the initial zoning of RA-1 upon annexation to the city. A public hearing has been scheduled before the planning board for September 19, 2006 beginning at 7: 00 PM in the Kalispell City Council Chambers. The planning nin g board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The applicant has petitioned for annexation and an initial zoning classification of RA-1, Low Density Residential Apartment. The eastern portion of the property is in the County zoning jurisdiction and is zoned County R-4, Two Family Residential district. The western portion of the property is within the City of Kalispell and is zoned RA-1, Lover Density Residential Apartment. 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 and Droners: Lisa J. Wade P.O. Box 312 Kila, MT 59920 (406) 755-7339 Technical Assistance: Jackola Engineering P.O. Box 1134 Kalispell, MT 59903 (406) 755-3208 �3. Location and Legal Description of Property: The property proposed for annexation lies on the east side of Fifth Avenue East near the 1700 block. The property can be described as Parcel B of Certificate of Survey 4789 located in SW 1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Eadszoning: The property is currently within two zoning districts, City RA-1 and County R-4. The County R-4, Two Family Residential zoning district allows single-family homes and duplexes as permitted uses and has a min: m um lot size requirement of 6,000 square feet for a single-family residence and 7,500 square feet for a duplex. Areas with an R-4 zoning designation would typically be located in an urban setting with full public services and utilities. The City RA-1, a Low Density Residential Apartment, zoning district allows duplexes and single-family homes as permitted uses and multi -family dwellings as permitted uses. The Minimum lot size requirement for the district is 6,000 feet for #KA-06--9 Page 1 of 5 the first duplex plu& 01 and additional 3,000 square feet for each unit beyond a duplex. D. Proposed Zoning: The owner is requesting to zone the entire 0.49 acre property to City RA--1. The owner has also applied for a conditional use permit to construct three apartment buildings on this property and the property immediately north should the annexation and initial zoning request of RA-1 be approved. E. Size: The area proposed for annexation and zoning contains approximately 0.33 of an acre or 14,375 square feet. F. Existing Land: This property has one home and several small outbuildings. Trees and shrubs are located throughout the property. G. Surrounding Zoning and Land Uses Zoning: This area is generally residential in character along Fifth Avenue East and to the east. The surrounding zoning is a mix of City and County zoning. This block provides a transition area between the more intensive uses located along Third Avenue East which is commercially developed. North: Single-family residences, City RA-1 and County R-4 zoning East: Single-family residences, County R-4 zoning South: Single-family residence and 14 unit apartment building, City RA-1 zoning West: Birchwood Apartments and single-family residences, City RA- 1 zoning H. General Land Use Character: The area can be described as an area of mixed uses that is a transitional area between the commercial areas along Third Avenue East, located west of this site, and the more urban residential area to the east. To the north and south there are some mobile homes and single-family residences as well as a 14 unit apartment building. There is an apartment complex and two tri-plea buildings across the street from this property to the west. I. Availability of Pudic Services and Extension of Services: Public services, including City water and sewer, can be provided to this site and will be done in accordance with the City of Kalispell's Extension of Services Plan and in accordance with Kalispell's Design and Construction Standards. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 70-2-205, 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 complycoMply with the gLowth polio The property is designated by the Kalispell City Growth Policy 2020 as High Density Residential in the western portion and Urban Residential in the eastern portion of the property. The High Density Residential designation anticipates #KA-O6-9 Page 2 of 5 multi -family buildings with a density of g to 40 dwellings per gross acre. The Urban Residential designation anticipates single-family, duplex and low density multi -family buildings with a density of 3 to 12 dwellings per gross acre. The proposed zoning can be found to be in compliance with both the High Density and Urban Residential land use designations for this property. 2. Is the requested zone designed to lessen congestion m the streets? The location of this property is in an area that can be served by City services and infrastructure. Traffic in the area will increase rather insignificantly once this property has been fully developed because the size of the parcel cannot accommodate significant density. The requested zoning designation and subsequent development of the site will not lessen congestion in the streets in the area, but is anticipated to occur as development of the site is undertaken. 3. Will the reguested zone secure safe from firepanic, 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 safety codes of the city which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service are available to the area and will be extended as part of the development of this property. 4. Will the requested zone promote the health and eneral 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. 5. will the requested zone rovide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in. the Kalispell Zoning ordinance to ensure adequate light and air is provided. 6. will the requested zone pr ent the overcrowding of land? As previously noted, this area has been anticipated for high density residential development. Public water and sewer are in close proximity to the site and the requested RA-1 zoning designation is appropriate. The anticipated density of the RA-1 zoning generally falls within High Density and Urban Residential land use designations. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely to occur. 7. Will the re uested zone avoid undue concentration of eo le? #KA.-o6-9 Page 3 of 5 Minimum lot standards and use standards will avoid the undue concentration of people at the time the property is developed. S. will the re nested zone facilitate the ade uate provision of trans ortation water seweraize, 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. 9. Does the requested zone 've consideration to the particular suitabili of the property for particular uses? The proposed RA-1 zoning district is consistent with the zoning to the north, south and wrest along Fifth Avenue East and the mix of land uses in the area. The requested zoning 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 a mix of land uses that includes single-family homes, mobile homes and apartment development. It is anticipated that some apartment type of development would occur on this property and will be consistent with the goals of the district. 11. will the 7pro osed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA-1 zoning will promote compatible and like uses on this property as are found on other properties in the area. 121 will the requested zone encourage the most a ro riate use of the land throughout the rnunicipalit ? 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 Kalispell Growth Policy and surrounding zoning in the area. SUMMARY AND DISCUSSION The proposed City RA- 1 zoning is consistent with the zoning and development of property adjoining it to the north and south and is compatible with the mixed -use character of the area.. The proposed zoning is also in compliance with the Nigh Density and Urban Residential land use designations. Public services and the facilities are available to the site and will be extended and constructed in accordance with the City of Kalispell Extension of Services Plan and the Kalispell Design and Construction Standards. #KA-o6-9 Page 4 of 5 RECoP43MNDATION It is recommended that the Kalispell City Pla nn � n g Board and Zoning Commission adopt Staff Report #KA-06 -9 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be RA- 1, Lover Density Residential Apartment. SG Z:\FRDO\Reports\KA\20o6\KAo6-9.doc #KAw-46-9 Page 5 of 5 City of Kalispell Planning Department 17 - 2 a Street East, Sure 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXAI'ION AND INITIAL ZONING NAME OF APPLICANT: Z16A MAIL ADDRESS: Pa CITY/STATE/ZIP: Ku.A , NiT S9�j ZC� _ PHONE: 7,3 �9 INTEREST IN PROPERTY: Q EE-j� other Parties of Interest to be Notified: PARTIES OF INTEREST::JAQLpL,Ar EN64 I &)EPl.�Ca � ��NC'T�cZv12c MAIL ADDRESS: CITY/STATE/ZIP: I��FLtS�tLLM...... T S�I�7�� PHONE: INTEREST IN PROPERTY: Amp ��pv,� �/t�,2 �l2.5 PLEASE COMPLETE THE FOLLOWING. - Address of the E; � property:- Legal Description: L car.q781 (Lot and Block of Subdivision; Tract #) Lo N ,<} 1 7-7 LR> - Z I bJ (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) C.. The present zoning of the above property is: 00 �Jlr _ Iq The proposed zoning of the above property is: I.Iry KA -.j State the changed or changing conditions that make the proposed amendment necessary: Apa, o ._ d h3 � zo AJ rmc 1ISLT-7, 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 fa routine inspection during the annexation process. r' (Ap licant) (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 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 7-2-46I0, 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 . - 7-3 3 w2 1 2 7, 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--473 6 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. r t,p titio er/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,.F`-=�da y of �� �� � , before me, the undersigned, a Notary Public for the State of Montana, personally appeared jeZ -� -- known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that hei she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certi 'Icate first above written. oe 7-) Notary Public, State of M ,ntana Residing at My Commission expires: 62�, 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 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 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 , 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 my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires EXHIBIT A LISA WADE ANNEXATION STAFF REPORT #KA-06-09 Legal Inc sc riptio n The property to be annexed is described as: Parcel B of Certificate of Survey No. 4789 in the SW x/4 of Section 17, Township 28 forth, Mange 2 1 West, P.M.M., Flathead County Montana.