02. Resolution 4870 - Annexation Request - Ron and Sharon DeMeesterREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East — Suite 21.1
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricityplanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
DeMeester Annexation and Initial Zoning of R-4 - West Side of
Seventh Avenue West
April 5, 2004
BACKGROUND: This is a request by Ron and Sharon DeMeester for an initial zoning
designation of R-4, Two Family Residential on approximately 0.77 of an acre. The
applicants intent 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 I Ith Street West and 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 9,
2004 regarding this property. At the public hearing the applicant spoke and stated that
they believe this proposal is consistent with other development in the neighborhood and
would like to connect to City water and sewer in order to develop the property. There was
no one in the neighborhood to speak in opposition.
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,
Narda A. iVilon, Chris A. Kukulski
Senior Planner City Manager
Report compiled: March 31, 2004
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
DeMeester Annexation and Initial Zoning
March 31, 2004
Page 2
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report KA-04-1 and application materials
Draft minutes from 3/9/04 planning board meeting
Cost of Services Analysis
TRANSMITS KALISPEL� 2004 \KA04- l MEMO
RESOLUTION NO. 4870
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 ON EXHIBIT "A",
LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS DEMEESTER ADDITION NO.
342; 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 Ron and Sharon DeMeester, the
owners of property located on the west side of 7th Avenue West, north of Sunnyside
Drive and south of I lth 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 the DeMeester's Annexation
Request, #KA-04-1, dated March 1, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-4, Two Family Residential, on approximately 0.77 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 on Exhibit "A" be annexed to
the City of Kalispell and the boundary of the City is altered to so
provide, and shall be known as DeMeester Addition No. 342.
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, 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 5TH DAY OF APRIL, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
DeMeester Annexation
Cost of Services Analysis
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 ofKalispell's Design and Constriction standards
and any other development policies, regulations or ordinances that may apply. Note,
Seventh Avenue West is already maintained by the City and services are already in place
as this is infill annexation.
Number of Dwelling Units within the Subdivision
Four
Estimated Increase in Po ulatiora: (based on US Census Figure of 2.2 per household)
8.8
Cost of Services
Per capita costs
• Fire: $68.84 per person per year.
Additional costs to the fire department 8.8 x 68.84 $ 606
• Police: $110 per resident per year.
Additional costs to the police department 8.8 x 110.00 = $ 968
• Administration: $39.48.
Additional cost to administration 8.8 x 39.48 = $ 347
• 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
Storm sewer maintenance costs:
Average Square foot per lot - 8,385
• No. of units x square foot x 0,00323
Total Anticipated Cost of Services:
0x5.50= $ 0
8,385 x 4 x 0.00323 =
$ 108
2 029
I
Anticipated Revenue Generated
Assessments based on square footage:
Average square foot Rer lot: 8,385
Storm sewer assessment $0.00323 per square foot
Revenue from storm sewer assessments 4 x 8,385 x $0.00323 = $ 108
• Street maintenance assessment $0.0086 per square foot
Revenue from street maintenance assessments 4 x 8,385 x 0.0086
• Urban forestry assessment $0.00135 per square foot
Revenue from urban forestry assessments 4 x 8,385 x 0.00135=
Special Assessments: There are no special assessments.
General revenue:
Assessed value per property: $150,000
Total assessed value: 4x 150,000 = $ 600,000
Total taxable: 600,000 x 0.03543 = $ 21,258
• Total additional general revenue based on 144.65 mill levy:
21,258 x .14465
Total Additional Annual Revenue:
$ 45
= $ 3,075
13,516
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 / 2003/ KA03-79COSTOFSVCS
2
T'ri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
March 26, 2004
Phone: (406) 758-1850
Fax: (406) 751-1858
trici ¢urytel. net
www.tricityplanning-mt.com
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Ron & Sharon DeMeester - Initial Zoning Upon Annexation - R-4, Two -Family
Residential, in the 1300 Block of Seventh Ave West
Dear Chris:
The Kalispell City Planning Board met on March 9, 2004, and held a public hearing to
consider a request by Ron & Sharon DeMeester for an initial zoning designation of R-
4, Two Family Residential on approximately .77 acres. The property proposed for
annexation is located on the west side of Seventh Avenue West, and south of 11th
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-04-1,
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 the applicant and one person spoke in favor and no one spoke in opposition.
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 5, 2004 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
Timothy Norton
Vice -President
TN/NW/ma
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
DelMeester Annexation and Initial Zoning
March 26, 2004
Page 2
Attachments: Petition to annex (original)
Exhibit A - legal description
Staff report KA-04-1 and application materials
Draft minutes 3 / 9 / 04 planning hoard meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Ron 8s Sharon DeMeester, 415 Chestnut Drive, Kalispell, MT 59901
Whitefish Credit Union, 234 Montana Street, Kalispell, MT 59901
TRANSMIT/ KALISPELL/ 2004/ KA04-
DeMeester Annexation and Initial Zoning
March 26, 2004
Page 3
EXHIBIT A
RON & SHARON DEMEESTER ANNEXATION AND INITIAL ZONING OF R-4
LEGAL DESCRIPTION
TRACT 1
A tract of land in the South P41f (51/2), Section 18, Township 28 North, Range 21
West, P.M., M. Flathead County, Montana, and being in Lot 1, SLINNYSIDE PARK
subdivision, records of Flathead County, described as follows:
Commencing at the Southeast corner of said Lot 1 of 50NNY5IDE PARK, which is
a found iron pin on the westerly Right -of -Way of a 40 foot city street known as
Seventh Avenue West: thence, along said R/W, N. 00° 16' 20" E. 70.O0 feet to a
set iron pin and the POINT OF REEINNIN6 of the tract herein described; thence,
continuing along said R/W, N. OT 16' 20" E. 70.00 feet to a found iron pin;
them, S. 88' 08' 49" W. 239.87 feet to a set iron pin: thence, 5. 00° 15' 46" W.
70.00 feet to a set iron pin; thence, N. 88` 08' 49" E. 239.86 feet to the POINT
OF REGINNIN6 and containing 0.385 acres, more or less.
TRACT 2
A tract of land in the South Wf (51i2), Section 18, Township 28 North, Range 21
West, P.M., !li!_, Flathead Going+, Montana, and being in Lot 1 of 5VNNY510E PARK
subdivision, records of Flathead County, described as follows:
EEGIMMD46 at the. Southey#" corner of said Lot 1 of 50-4114YSME PARK, which i,
a four imn pin one wester'y Right -of -Way of a 40 fmt £ity street known as
Seventh Avenue West: thence, along said R/W, N. 00* 16' 20" E. 70-00 feet to a
set iron pin: them,. 5. W 08' 49" W. 239.86 feet to a set iron pin: them
5. is 15' 46" W. 70.O0-feet to a found iron pin: thence, N. 8r 08' 49" E. 239.85
feet to the POINT OF SE61NNIN& and containing 0.385 acres, more or less.
RON AND SHARON DEMEESTER
REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-04-1
MARCH 1, 2004
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 9, 2004 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 0.77 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 Interim 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 j Owner: Ron and Sharon DeMeester
415 Chestnut Drive
Kalispell, MT 59901
(406) 752-3775
B. Location and Legal Description of Property: The property proposed for
annexation and the initial zoning request is located on the west side of Sevent
Avenue West north of Sunnyside Drive and south of 11th Street West. It can be
described as Assessors Tract 9BA 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 rases and has a minimum Tot
size requirement of 6,000 square feer and a %vidth 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_
P
E. Size: The area proposed for annexation and zoning contains approximately 0.77
of acre.
F. E,�dsting Land Use: The property proposed for annexation is currently
undeveloped. The single-family homy: will be retained by the current property
owners in the county as a remainder of the original tract.
G. Adjacent Land Uses and Zoning: The land use in the area is primarily single-
family residential along with some duplex homes.
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 Lvnits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CeraturyTel
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.G.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 re uSIsted zone comply with the agrowth olicv?
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 axea. 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 with
anticipates a mi.< of single-family and duplex dwellings in urban residential
areas.
?,
3
Fla
6-1
0
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. Traff c 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.
Will the requested zone secure safe from fire, anic. 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 fixture.
Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and providing a place for new housing in the community.
Will the reguested zone provide for adequate liht 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.
Will the requested 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 ira the County
jurisdiction and is zoned R-3, 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 Peoule?
The allowable density for this property will not change as a result of anne-xation
which is currently zoned for single-family homes and duple:ces. Minimum lot
standards and use standards as well as subdivision development standards will
avoid -he undue concentration of people at the time the proper nr is developed.
S. Will the requested zone facilitate the adequate rovision of trans ortatioi. water.
sewerage. schools. parks, and other Rublic re uirements?
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 gLve consideration to the particular suitaki i of the
ro ertv for articular 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 an the district.
10, Does the requested zone wive 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 j2ropo,sed zone conserve the value of buildings?
Value- of the buildings in the area will be conserved because the R-4 zonixzg will
promote compatible and like uses on this property as are found on other
properties in the area.
12. Will the re uested zone encourage the most aL propriate use of the land
throughout the munici g ?
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 future 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-04--I as findings of fact and recommend to the Kalispell City Council
than the initial zoning for this -property upon annexation be IR-4, Two Fam y Residential.
REPORTS \ KALISPJELI 04 \KA04-1
NW
4
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 ex ess an intent to have the property as herein described
withdrawn from the Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; ddtthat 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_muimpum of 5 years from date of annexation.
r
el r
Toner/Owner Date
1
Petitioner/Owner Date
Please return this petition to:
Tri-Clty Plannm2 Office
17 end 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 County Plat Room.
STATE OF MONTANA )
ss
County of Flathead County
'y '� day of , u-,c` s.. ' r- before me, the updersigned, a Notary Public for
On this �! ,
r fli
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,(Khe executed the same.
'_.---'
LN WITNESS WHEREO e herd
year in this certificate five writte
s _
STATE OF MONTANA
County of Flathead County
set my hand and affixed my Notary Seal the day and
Notary Public, State of Montana
Residing ate, -
My Commission expires: - /'� G1L,
On this day of,j; .' , � ' ; before me, the undersigned, a Notary Public for
the State of Montana, personally geared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that h sh"x' ecuted the same.
IN WITNESS WHEREOF I tereurito s_
year in this certificate first J-* written.
tz
3
R
STATE OF MONTANA )
ss
County of Flathead
hand and affixed my Notary Seal the day and
iry .Public, S
[ding at ,
Commission
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.
'\1otary Public, State of Montana
Residing at
My Commission. expires
VICINITY MAP
RON & SHARON DEMEESTER
REQUEST FOR INITIAL ZONING UPON ANNEXATION
OF R-4, A TWO FAMILY RESIDENTIAL DISTRICT
FROM R-5, A TWO FAMILY RESIDENTIAL DISTRICT
P� DATE: 2/17/04
FILE KA- 04 -1 SCE 1 " = 250 ' H:Zgis\site\aO4._i.dwg