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09. Resolution 5000 - Annexation - Mission Northwest Development, LLCREPORT TO: FROM: SUBJECT MEETING ,DATE: Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager Mission Northwest Dev. LLC - Annexation and Initial Zoning of R-4 - West Side of Seventh Avenue West April 4, 2005 BACKGROUND: This is a request by Mission Northwest Development, LLC for an initial zoning designation of R-4, Two Family Residential on approximately 0.47 of an acre. The applicant intends to file preliminary plat for a minor subdivision containing four lots intended for future development. The property is located on the west side of Seventh Avenue West south of 11�h Street West and north of Sunnyside Drive. Currently this property is in the County zoning jurisdiction and is zoned R-5, Two Family Residential. The zoning designations for the City and County are similar with regard to lot size and permitted uses. A public hearing was held before the Kalispell City Planning Board at a meeting of March S, 2005 regarding the initial zoning for this property. At the public hearing no one spoke either in favor or in opposition to the proposal. The applicant needs to connect to City water and sewer in order to develop the property. After the public hearing the board discussed the proposal. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation to the city, RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, 3 c G Narda A. Wilson axes H. Patrick Senior Planner City Manager Report compiled: March 22, 2005 Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Mission Northwest Development, LLC Annexation and Initial Zoning March 22, 2005 Page 2 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KA-05-2 and application materials Draft minutes from 3/8/05 planning board meeting TRANSMIT \ ALISPEL\2005\KA05-2MEMO RESOLUTION NO. 5000 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED AS LOT 2 OF WESTERN ACRES LOCATED IN SECTION 18, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS MISSION NORTHWEST ADDITION NO. 360; 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 Mission Northwest Development, LLC, the owners of property located on the west side of Seventh Avenue West, north of Sunnyside Drive and south of 11th Street West, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Mission Northwest Development's Annexation Request, #KA-05-2, dated March 1, 2005, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, on approximately 0.47 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 I. That all the real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Mission Northwest Addition No. 360. SECTION 11. 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 III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. 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 4TH DAY OF APRIL, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Mission Northwest Development LLC Annexation Cost of Services Analysis (Residential) Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Note that 7h Ave West is already a developed city street. No additional streets or water/sewer main work is proposed. Number of Dwelling Units within the Subdivision. 2 two unit townhouses for a total of 4 dwellings Proposed in future Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 9 Cast of Services Per capita costs * Fire: $68.84 per person per year. Additional costs to the fare department 9 x 68.84 = $ 620 * Police: $110 per resident per year. Additional costs to the police department 9 x 110.00 = $ 990 • Administration: $39.48. Additional cost to administration 9 x 39.48 = $ 355 • Solid Waste: Additional cost to solid waste (none for five years) = $ 0 Lineal Feet Costs: (Lineal feet - No new roads, sewer or water mains) • Roads: $1.14 per lineal foot Additional cost in road maintenance 0 x 1.14 = $ 0 • Water: $3.44 per lineal foot Additional cost in water line maintenance 0 x 3.44 = $ 0 • Sewer: $5.50 per lineal foot Additional cost in sewer maintenance 0 x 5.50 = $ 0 Storm sewer maintenance costs: Average Square foot per lot - 5,183 • No. of units x square foot x 0.00323 Total Anticipated Cost of Services: 5,183 x 4 x $0.00323 = $ 67 2 032 Anticipated Revenue Generated Assessments based on square footage: Average square foot per lot: 5,183 Storm sewer assessment $0.00323 per square foot Revenue from storm sewer assessments 4 x 5,183 x $0.00323 Street maintenance assessment $0.0086 per square foot Revenue from street maintenance assessments 4 x 5,183 x $0.0086 • Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 4 x 5,183 x $0.00135 Special Assessments: There are no special assessments. General revenue: • Assessed value per property: $160,000 Total assessed value: 4 x 160,000 = $ 640,000 Total taxable: 640,000 x 0,03543 = $ 22,675 • Total additional general revenue based on 155 mill levy: $22,675 x 0.155 Total Revenue Generated to the City NET ADDITIONAL ANNUAL REVENUE TO THE CITY: $ 67 $ 178 $ 28 $ 3,515 $ 3,788 1 '756 NOTE: This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS / 2005 iiA05-2 MISSION NW COSTOFSVCS 2 Tri-City Planning Office 17 Second Street East — Suite 211. Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity eenturvtel.net www.tricitypianning-mt.com March 22, 2005 Jaynes H. Patrick, City of Kalispell P.O. Box 1997 City Manager Kalispell, MT 59903 Re: Mission Northwest Development, LLC - Initial Zoning Upon Annexation -- R-4, Two -Family Residential, West Side of Seventh Ave West Dear Jim: The Kalispell City Planning Board met on March 8, 2005, and held a public hearing to consider a request by Mission Northwest Development, LLC for an initial zoning designation of R-4, Two Family Residential on approximately 0.47 acres. The property proposed for annexation is located on the west side of Seventh Avenue West, and south of I Ith Street West. The property will be subdivided and connect to City utilities. The property is currently zoned County R-5, Two Family Residential. Narda Wilson of the Tri-City Planning Office presented staff report KA-05-2, evaluating the proposed zoning. Staff recommended initial zoning of City R-4, Two - Family Residential which is consistent with current zoning of the area. At the public hearing no one spoke either in favor or in opposition to the proposal. After the public hearing the Board discussed the request. A motion to recommend R- 4 zoning upon annexation passed on a unanimous vote. Please schedule this matter for the April 4, 2005 regular City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board ge Taylor President GT/NW/ma Providing Community Planning Assistance To: • City of Columbia .Falls • City of Kalispell • City of Whitefish Mission Northwest Development, LLC Annexation and Initial Zoning March 22, 2005 Page 2 Attachments: Petition to annex (original) Exhibit A - legal description. Staff report KA-05-2 and application materials Draft minutes 3/8/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Mission NW Development, LLC; PO Box 1858, Missoula, MT 59806 Whitefish Credit Union, 234 Montana Street, Kalispell, MT 59901 TRANSMIT/ KALISPELL/2005/ 11,A05-2 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 7-2-4610, 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 exp res an intent to have the property as herein described withdrawn from the jj,f j/ Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotate ; 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 city from providing solid waste services to this property for a minirnuin of 5 years from date of annexation. rr�4 Date Date Please return this petition to: T ri-City Planning Office 17 2" d St East, Suite 211 Kalispell MT 59901. NOTE: You must attach an Exhibit A that provides a bona fade legal description of the property to be annexed that has been reviewed and certified by the Flathead County Plat Room. STATE OF MONTANA } ss County of Flathead County On this _ day of ; 1`: P Z.._.T, 20a� b fore me, the undersigned, a Notary Public for the State of Montana, personally appe-redknown to me to be the person whose name is subscribed to the foregoi , instrument ai acknowledged ZD 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 ' ific�sti�a� FY PUBLIC-MONTANA esi inn at cahambia Falls ;tat ; lozita a STATE OF MONTANA ) ss County of Flathead County No#ary Public, Se of 'Montana Residing at My Commission expires, 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. STATE OF MONTANA ) ss County of Flathead Notary Public, State of .Montana Residing at My Commission expires: On this clay of before me, the undersigned. allotary 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 one that such corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above writte.n. Notary Public, State of Montana Residin4 at My Commission expires MISSION NORTHWEST DEVELOPMENT, LLC REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-05-2 MARCH 1, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of R-4 upon annexation to the city of Kalispell. A public hearing has been scheduled before the Kalispell City Planning Board and Zoning Commission for March 8, 2005 beginning at 7:00 PM, to consider appropriate zoning for the area property to be annexed_ The planning board will forward a recommendation for appropriate zoning to the Kalispell City Council for consideration. BACKGROUND INFORMATION The applicant has petitioned for annexation and an initial zoning designation. of R-4, a Two --Family Residential district, on approximately 0.47 of an acre. This report evaluates 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: Mission Northwest Development LLC P.O. Box 1858 Missoula, MT 59806 (406) 880-4663 B. Location and Legal Description of Property: The property proposed for annexation and the initial zoning request is located on the west side of Seventh Avenue West north of Sunnyside Drive and south of 11th Street West. It can be . described as Lot 2 of Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing Zoning: The property proposed for annexation is in the West Side County zoning jurisdiction and is currently zoned R-5, Two -Family Residential. This district is defined as "A residential district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Duplexes are allowed in this district." Permitted uses in this district are generally limited to residential uses. The conditionally permitted uses allow some non-residential uses but those are limited to churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf courses. The minimum lot size requirement of the County R-5 zoning district is 5,400 square feet- D. Proposed Zoning: The proposed R-4, Two -Family Residential, zone allows duplexes and single-family residences as permitted uses and has a minimum lot size requirement of 6,000 square feet and a width of 50 feet. The proposed City R-4 district more closely reflects the existing and intended uses for the property and is consistent with the other City zoning in the immediate area. i E. Size: The area proposed for annexation and zoning contains approximately 0.47 of acre. F. Existing Land Use: The property proposed for annexation is currently undeveloped. The property owner intends to develop the property with two unit townhouses and will file a plat subdividing the property at a subsequent time. G. Adjacent Land Uses and Zoning: The land use in the area is primarily single-- family residential along with some duplexes and townhouses. H. General Land Use Character: The general land use character of this area can be described as primarily residential with a mix of duplex and single family homes. This area can also be described as being on the urban fringes of Kalispell and there have been significant development pressures to the west. I. Utilities and Public Services: All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the growth policy? 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 four to 12 dwelling units per acre. Because of the provision of public water and sewer to the site, the proposed R-4 zoning designation is in compliance with the future land use designation for the area. The R-4 zoning has a minimum lot size requirement of 6,000 square feet with each lot allowing a duplex or a base density of one dwelling per 3,000 square feet. This same zoning designation has been applied to most properties in the west Kalispell area. The proposed zoning is in compliance with the anticipated land use for the area which anticipates a mix of single-family and duplex dwellings in urban residential areas. 2 2. Is the requested zone designed to lessen congestion in the streets? Once the property is developed, all of the new development will be constructed to City standards. Traffic in the area will increase insignificantly. The requested zoning designation and subsequent development of the site will not lessen congestion in the streets in the area, but this level and type of development is anticipated to occur as development of the area continues. 3. Will the requested zone secure safety from fire anie and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available to the area and will be extended as part of the development of this property at some point in the future. 4. Will the reguested 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 provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. b. Will the reguested zone prevent the overcrowding of land? As previously noted this area has been anticipated for urban residential development and now that public water and sewer are in close proximity an R-4 zoning designation is appropriate. The anticipated density falls within the proposed R-4 zoning designation. All public services and facilities will be available to serve this subdivision. Currently this property is in the County jurisdiction and is zoned R-5, Two Family Residential, but they do not have access to public sewer and water without annexation. 7. Will the requested zone avoid undue concentration of People? The allowable density for this property will not change as a result of annexation which is currently zoned for single-family homes and duplexes. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. S. Will the re uested zone facilitate the adequate -provision of transportation, water. sewerage, schools, parks 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 suitability of the property for particular uses? The proposed R-4 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is urban sized lots for residential development on City sewer and lower density development where on -site sewage treatment methods are being used. The same type and density of development can be anticipated to occur on this property that is in the area and will be consistent with the character of the neighborhood. 11. Will the pMosed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-4 zoning will promote compatible and like uses on this property as are found on other properties in the area. 12, Will the requested zone encoura e the most appropriate use of the land throughout the municipality? Urban scale residential development should be encouraged in areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the fixture land use designations for the area and surrounding zoning in the area. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-05-2 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two Family Residential. REPORTS \KALISPELL\ 05 \ KA05-2 M 4