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03. Resolution 5005 - Annexation - Spring Creek EstatesTri-City Planning Office 17 Second Street East Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity* centurytel.net www.tricity planning-mt.coni REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Janes H. Patrick, City Manager SUBJECT Spring Creek Estates -Annexation and Initial Zoning of R-3, Urban Single Family Residential - Three Mile Drive MEETING DATE: May 2, 2005 BACKGROUND: This is a request for annexation and an initial zoning designation of R-3, Urban Single Family Residential, on approximately 51.1 acres. The property is located on the south side of Three Mile Drive and east of West Spring Creek Road. A preliminary plat for a 174 lot subdivision has been filed concurrently with the annexation and zoning request. The Kalispell Planning Board held a public hearing on April 12, 2005 to consider the proposed zoning. Staff recommended initial zoning of City R-3, Urban Single Family Residential based on the surrounding City zoning and the Kalispell Growth Policy. Jeff Larsen, representing the applicant, spoke in favor of this project stating they felt —1r 0 � nnnr4 rtrQ;�" zxrifi-i fl- n]L-ir ari-eQQ �� e4 flgi- fyrfiin- rnnr4 acrfPncir��c Tirn U— --- a b�.-- .....v b .,�.— ..— .uj .�.,.,..,.,... ..,..�... ���., �.......�... �.,....... .,�...,��..,�.......,. ����.. Birk, developer, stated they wanted to offer something more traditional and the alleys helped to address some utility issues. They both asked that the City take the alleys for ownership and maintenance once constructed to the City's specifications. At the public hearing two people from the neighborhood spoke in opposition stating they have one acre lots to the south and felt this subdivision would affect their property values. They asked that buffering, larger lots, a park or some other provision be made to buffer the subdivision from their neighborhood. After the public hearing the board discussed the proposal and agreed the R-3 zoning was appropriate considering the size of the lots and the overall subdivision design. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-3, Urban Single Family Residential, upon annexation. RECOMMENDATION: A motion to approve the resolution annexing the property and the first reading for the zoning ordinance would be in order. FISCAL EFFECTS: Limited positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council, Providing Community Planning Assistance To: ® City of Kalispell m City of Whitefish ® City of Columbia Falls Spring Creek Estates Annexation and Initial Zoning April 27, 2005 Page 2 Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: April 27, 2005 c: Theresa White, Kalispell City Clerk f �Jazra�s.atrick City Manager Attachments: Transmittal letter Staff report #KA-05-4 and application materials Draft minutes from 4/ 12/05 planning board meeting TRANSMIT\KALISPEL\2005,KAO5-5 KPUD-5-2MEM RESOLUTION NO. 5005 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 4C IN THE NORTH 1/2 OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS SPRING CREEK ESTATES ADDITION NO. 361; 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 Tim Birk, the owner of property located on the south side of Three Mile Drive, east of West Spring Creek Road, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Birk's Annexation Request, ##KA- 05-4, dated April 5, 2005, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Urban Single Family Residential on approximately 51 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 FOi LO vv 3. 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 Spring Creek Estates Addition No. 361. SECTION II. 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, Iaws 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 2ND DAY OF MAY, 2005, Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (405) 751-1858 trieity�.centurytel.net www.tricitypianning-mt.com April 27, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Spring Creek Estates - Annexation and Initial Zoning of R-3, Urban Single Family Residential - Three Mile Drive Dear Jim: The Kalispell City Planning Board met on April 12, 2005, and held a public hearing to consider a request for annexation and an initial zoning designation of R-3, Urban Single Family Residential, on approximately 51.1 acres. The property is located on the south side of Three Mile Drive and east of West Spring Creek Road. A preliminary plat for a 174 lot subdivision has been filed concurrently with the annexation and zoning request. Narda Wilson of the Tri-City Planning Office presented staff report #KA-05-4, evaluating the proposed zoning. Staff recommended initial zoning of City R-3, Urban Single Family Racirlpntinl hAc-ed nn the q»rrminriiniDFChit;, �nninsr nnrl the WAN.-,nf-ll Cy -firth Prilir•NT _ _ _ -- --- ---- - -----a ---1-------a - -- -- --- --r--- - - v _ . Jeff Larsen, representing the applicant, spoke in favor of this project stating they felt this was a good design with the alley access and the future road extensions, Tim Birk, developer, stated they wanted to offer something more traditional and the alleys helped to address some utility issues. They both asked that the City take the alleys for ownership and maintenance once constructed to the City's specifications. At the public hearing two people from the neighborhood spoke in opposition stating they have one acre lots to the south and felt this subdivision would affect their property values, They asked that buffering, larger lots, a park or some other provision be made to buffer the subdivision from their neighborhood. After the public hearing the board discussed the proposal and agreed the R-3 zoning was appropriate considering the size of the lots and the overall subdivision design. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-3, Urban Single Family Residential, upon annexation. The legal description of the property to be annexed is attached as Exhibit A. Please schedule this matter for the May 2, 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. Providing Community Planning Assistance To: City of Columbia Falls • City of Kalispell - City of Whitefish Spring Creek Estates Annexation and Initial Zoning April 27, 2005 Page 2 Sincerely, Kalispell City Planning Board George Taylor President GT/NW/ma Attachments: Petition to annex (original) Exhibit A - legal description Staff report #KA-05-4 and application materials Draft minutes 4/ 12/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Tian Birk, 2239 Lower Valley Rd., Kalispell, MT 59901 Larsen Eng 8v Surveying, Inc., Box 2071, Kalispell, MT 59903 KIRK/SPRING CREEK ESTATES X'i%d V EV T F O. % ui i L AAIAi, "%A i iii t%.i %AX R-%i �Oi� Ail iE A;M%X%30i\ TRI-CITY PLANNING OFFICE STAFF REPORT ##KA-05-4 APRIL 5, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of R-3 upon annexation to the city on property in northwest Kalispell. A public hearing has been scheduled before the planning board for April 12, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning 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 property owners have petitioned annexation and initial zoning classification of R-3, Urban Single Family Residential. The property is in the County zoning jurisdiction and is zoned County AG-80 West Valley Overlay, an Agricultural designation. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. A preliminary plat, Spring Creek Estates, creating 174 lots on approximately 51 acres has been filed concurrently with the petition to annex. A. Petitioner and Owners: Technical Assistance: Tim Birk 2239 Lower Valley Road Kalispell, MT 59901 (406) 250-8729 , Larsen Engineering and Surveying, Inc. P.O. 2071 Kalispell, MT 59903 (406) 752-7808 B. Location and Legal, Description of Property: The property proposed for annexation lies on the south side of Three Mile Drive easterly of West Spring Creek Road and immediately east of the BPA Transmission corridor. The property can be described as Assessor's Tract 4C in the N2 of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Mcisting zoning- The property is currently in the County zoning jurisdiction and is zoned AG-80 West Valley Overlay, an Agricultural zoning designation with an 80-acre minimum lot size requirement for newly created lots but in which a density of one dwelling unit per five acres may be allowed within an agricultural cluster development and the set aside of open space. This is part of the West Valley Neighborhood Plan area and associated West Valley Zoning. D. Proposed Zoning: The zoning designation being proposed for this property is City R-3, Urban Single Family Residential. The R-3 zoning district is intended primarily for detached single-family dwellings. It has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. Setbacks are 20 feet in the front and rear and five feet on the sides. This zoning reflects the lots that are being proposed in the subdivisions with regard to lot size and the single family hordes intended for development. E. Size: The property proposed for annexation and initial zoning contains approximately 51.1 acres. F. Existing Land Use: Currently this property is vacant land historically utilized for agricultural, purposes. G. Adjacent Laud Uses and Zoning: The immediate area is characterized as a rural suburban residential neighborhood undergoing urbanization as sewer and water are extended out from Kalispell and adjacent lands are developed at urban scale density. The preliminary plat of Aspen Creek lies immediately to the east. The preliminary plat of Mountain Vista Estates lies to the north across Three Mile Drive. North: Preliminary platted Mountain, Vista Estates subdivision intended for single family and two unit townhouse residences, City R-2 PUD zoning East: Preliminary Platted Subdivision. of Aspen Creek with two unit townhouses and single family residences, City R-2 PUD zoning South: Undeveloped agricultural lands (AG 80) and Aspen Knoll (County R-2), a county single family development on a community well and individual septic systems. West: Agricultural Lands zoned AG-80, West Valley Overlay. H. General Land Use Character: The area can be described as an area in transition with urban sized lots in various stages of development where public utilities have been extended or are available. New subdivisions in the area include Mountain Vista Estates which is a mixture of single fancily and two unit townhouses, Aspen Creek with a mixture of two, three and four unit townhouses, Blue Heron. Estates, single family homes and limited two unit townhouses, and Bowser Creek Estates, a mix of single family and two unit townhouses. This is an area of rapid transition from a suburban and rural environment to an urban environment because of the availability of utilities. L Availability of Public Services and Extension of Services: Public services, including City water and sewer can be provided to this site_ Public water and sewer were extended into the area with other development in the immediate vicinity. Water and sewer services are provided by the City of Kalispell. 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. 7 r�ncac 1lYa ru n�ra� is l rnno .+ l+VXiXYV #1 tip a m. mot: ale rin��ner� ;. �.� u �.. �.{c.(V ♦]41r 41 clvlll. N— y VY .F.4A1 The property is designated by the Kalispell Growth Policy 2020 as "Suburban Residential" which is defined as anticipating up to four dwellings per acre. The property owner is proposing the creation of 174 lots intended for single family dwellings on approximately 51 acres. This would create a density of 3.4 units per acre. Because of the plans for the provision of public water and sewer to the site, this density can be adequately served. The proposed zoning complies with the type of development anticipated under the growth policy. 2. Is the requested zone designed to lessen congestion in the streets? It can be anticipated that the proposed development of the property that willbe associated with the zoning will increase traffic impacts in the area due to the undeveloped nature of the area currently. Traffic impacts to the area can be accommodated with the existing roadway systems at hand and the new internal roads that will be developed as part of this subdivision. The proposed zoning carries with it the checks and balances, including the need for subdivision review, which will insure that traffic flows and access are appropriately addressed. The potential densities afforded by this zone will not overtax the existing road system. 3. Will the requested zone secure safety from fire anic and other dangers? At the time this property is developed, the property owners will be required to ensure that there is adequate infrastructure in the case of an emergency. There r__a._._. _ _�_ _d are no ic�Guaca rcicttcu to uic propei%y w11-11-:tt w1Ju1U co1L1pro111.ise ulc ai-UcLy uI wIc 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 property and will be utilized at the time another lot is created in the future. 4. Will the requested zone promote the health and general welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and, provides 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. 6. Will the re uested zone 2revent the overcrowding of land? As previously noted, this area has been anticipated for urban residential development and since public water and sewer are available to the area the urban land use designation is appropriate. The anticipated density falls within the proposed zoning designations. All public services and facilities will be 19 l n TinPo #'kP ten", rrisrp rp�onri�T�lA rnr�air ar �ti�r� i-n i-1— n1 nrnn+or _r A- -* v y+r-LL a-�+141 VE 1114 district? The general character of the area is transitional between the urban and rural fringes of the City limits. The proposed zooming allows this development to address needs within the community for housing and support services on public services and in reasonable proximity to the City core. Recent annexations in the area indicate that this type of development will continue to occur on the urban fringes of the community to be developed with similar types of uses as is proposed with this property, i.e. urban residential rather than rural. It appears that the proposed rezoning gives reasonable consideration to the character of the district. 11. Will the proposed zone conserve the value of buildings? There are similar subdivisions planned or underway in the immediate area. The development anticipated under the proposed zoning is similar in nature to those in the areas to the north, south, east and merest because of the availability of public services and utilities. City standards will ensure that there is high quality development that will ensure the value of buildings and homes is protected, maintained and conserved. Value of the buildings in the area will be conserved because the zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encourage the most Mpropriate use of the land throe mahout the municipality? , Urban development is encouraged in areas were services and facilities are available such as the subdivision being proposed on this parcel. The proposed zoning is consistent with the growth policy plan and surrounding zoning in the area. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report #KA-05-4 and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-3 as proposed. T'i RF,PORTs \KA\KA05-4.DOC PETITION TO Aiv NEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the Cite of Kalispell for annexation of the real property- described below, into the Cite of Kalispell. The Petitioner(s) requesting Cite of Kalispell annexation of the property described Herein and further described in Exhibit A Hereby €nut€raily 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 savor 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_ iiM.C. A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioners) further Herein express an intent to have the property as herein described withdrawn from the W � � � � Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated: and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section_ and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district_ In the event the property is not immediately annexed_ the Petitioner(s) further agree(s) that this covenant shall run to. with, and be binding upon the title of the said real property, and shall be binding upon our heirs.. assigns, successors in interest. purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive die utilities from the Cite of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the Citv of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property nnnn n of V rs from d17 of annexation. Petitioner/0-omer Date Petitioner/Owner Date Please return this petition to: Tri-City' Planning Office 17 2'd St East. Suite 211 Kalispell MT 59901 NOTE.: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed that has been reviewed and certified by the Flathead Cowin- Plat Room. STATE OF MONT ANA ) ss County of Flathead County On this v-—dac of fore ine, the undersivned. a votary Public for be the State of Montana. personall,; appeared-/�� fir _ known to me to be the person whose name is subscribed to the foregoing g nu an t l no« Iedged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set anv han d fixp-rd�_ ay and year ira this certificate first above uritten.� �T'.' STATE OF MONTANA ) ss County of Flathead County Notary My Cornrnissi 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 instrrnnent and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereiuito set my hand and affixed my Notary Seal the dav_ and year in this certificate first above written. STATE OF MON-TANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: On this day of 1 , before rare. the unde:sigiied. a Notan, 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 instrurnent on behalf of said corporation. and acknowledged to one that such corporation executed the same. IN WITNESS WHEREOF. I have hereruito set rnv hand and affixed my Notary Seal the day and year in this certificate first above, written. Notan- Public. State of Montana Residing at MN- Commission expires EXHIBIT A TIM BIRK/ SPRING CREEK ESTATES STAFF REPORT #KA-05-04 Legal. Description The property is described as Tract 1 of Certificate of Survey No. 16428 in Section 11, Township 28 North, Range 22 West, P.M.M. Flathead County, Montana.