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