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10. Resolution 4889 - Annexation Request - Debbie WillisREPORT TO: FROM: SUBJECT MEETING DATE: Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone; (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Debbie Willis/Richard & Patricia Riley - Initial Zoning Upon Annexation R-4, Two Family Residential, in the 900 Block of Sunnyside Drive May 3, 2004 BACKGROUND: This is a request by Debbie Willis and Richard & Patricia Riley for an initial zoning designation of R-4, Two Family Residential on approximately 1.5 acres. The property proposed for annexation lies on the north side of Sunnyside Drive near the intersection of Denver Avenue. The property is currently zoned County R-1, Suburban Residential. A public hearing was held before the Kalispell City Planning Board at a meeting of April 13, 2004 regarding this property. At the public hearing the applicant spoke and stated that she thinks this zoning is appropriate for the area and appreciates the board's favorable consideration. Several property owners in the area spoke in opposition to more R-4 zoning in the area and the continuing growth in the area. 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, L,,Warda A. Wilson, Senior Planner Report compiled: April 23, 2004 Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Willis -Riley Annexation and Initial Zoning April23, 2004 Page 2 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KA-04-4 and application materials Draft minutes from 4/ 13/04 planning board meeting Cost of Services Analysis TRANSMIT\KALISPEL\2004 \KA04-4MEMO MY13JU8411)ff [67E%I37 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 WILLIS ADDITION NO.346; 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 Debbie Willis, the owner of property located on the north side of Sunnyside Drive near the intersection of Denver Avenue, 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 Willis Annexation Request, #KA-04-4, dated April 6, 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 one and one- half 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 L 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 Willis Addition No. 346. 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 3RD DAY OF MAY, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT A DEBBIE WILLIS/RICHARD & PATRICIA RILEY ANNEXATION AND INITIAL ZONING OF R-4 LEGAL DESCRIPTION The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows: .. )arce- of land ir. lot S of Surmv Side ?ark, according to the map or plat hereof on _-1e and of record in the office of the Clerk and Recorder of Flathead County, Nontan, more particularly described as follows: Beginning at the Sout'Hwest corner of ;Jot 5 of Sunny Side Park; thence North 88'44'00" East, a distance of 266.10 feet to a point to the True Point of Beginn4 na; thence North 03°56'00" West, a distance of 227.90 feet to a point; thence North 8a'31'00" East, a distance of 148.40 feet cc a point on the bank of Ashley Creek; thence continuing North 84'31'00" East, a distance of 30.00 feet, more or less, to the center of Ashley Creek; thence Southeasterly along the center of Ashley Creek to the North boundary of the road as shown on the Sunny Side Plat; thence along the North boundary of said road North 73'48'00" West, a distance of 180.00 feet, more or less; thence along the North boundary of said road South 49'00'00" West, a distance of 110.50 feet to a point; thence South 88'44'00" West, a distance of 198.00 feet to the True Point of Beginning. THE END Willis - Riley 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 of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Note, Sunny-side Drive will be annexed to the and maintained by the City and services are already in place as this is infill annexation. Number of Dwelling Units within the Subdivision Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 6.6 Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department • Administration: $39.48. Additional cost to administration 6.6 x 68.84 = $ 454 6.6 x 110.00 = $ 726 6.6 x 39.48 = $ 261 • 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 - 21,780 • No. of units x square foot x 0.00323 Total Anticipated Cost of Services: 21,789 x 3 x 0.00323 = $ 211 1 652 i Anticipated Revenue Generated Assessments based on square footage: Average square foot per lot: 21,780 • Storm sewer assessment $0.00323 per square foot Revenue from storm sewer assessments 3 x 21,780 x $0.00323 = $ 211 • Street maintenance assessment $0.0086 per square foot Revenue from street maintenance assessments 3 x 21,780 x 0.0086 = • Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 3 x 21,780 x 0.00135= Special Assessments: There are no special assessments. General revenue: • Assessed value per property: $200,000 Total assessed value: 3 x 200,000 = $ 600,000 Total taxable: 600,000 x 0.03543 = $ 21,258 • Total additional general revenue based on 144.65 mill levy: 21,258 x 0.14465 Total Additional Annual Revenue: $ 562 ME = $ 3,075 3 936 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 onlv be used as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS / 2004/ KA04 4COSTOFSVCS 2 Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricitv(a2centurvtel.net www.tricitypianning-mt.com April 23, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Debbie Willis/Richard P. Patricia Riley - Initial Zoning Upon Annexation - R-4, Two Family Residential, in the 900 Block of Sunnyside Drive Dear Chris: The Kalispell City Planning Board met on April 13, 2004, and held a public hearing to consider a request by Debbie Willis and Richard 8s Patricia Riley for an initial zoning designation of R-4, Two Family Residential on approximately 1.5 acres. The property proposed for annexation lies on the north side of Sunnyside Drive near the intersection of Denver Avenue. The property is currently zoned County R-1, Suburban Residential. Narda Wilson of the Tri-City Planning Office presented staff report KA-04-4, 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 spoke in favor of the proposed zoning and asked for the board's favorable consideration. There were several property owners from the area who objected to the continued growth and expansion in the area and the density allowed under the R-4 zoning designation. After the public hearing the board discussed the request and the advantages of infill development such as this. A motion to recommend R-4 zoning upon annexation passed on a unanimous vote. Please schedule this matter for the May 3, 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. Providing Community Planning Assistance To: City of Columbia Fails - City of Kalispell - City of Whitefish Willis/Riley Annexation and Initial Zoning April 23, 2004 Page 2 Sincerely, Kalispell City Planning Board gorge Taylor (j Ji ` President GT/NW/ma Attachments: Petition to annex (original) Exhibit A - legal description Staff report KA-04-4 and application materials Draft minutes 4/ 13/04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Debbie Willis, 400 Marco Bay Road, Somers, MT 59932 Richard &, Patricia Riley, 86 Hawthorne West, Kalispell, MT 59901 TRANSMIT/ KALISPELL/ 2004 / KA04-4 DEBBIE WILLIS REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-04-4 APRIL 6, 2004 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of R-4 upon annexation to the city on property in southwest Kalispell. A public hearing has been scheduled before the planning board for April 13, 2004 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 owner has petitioned annexation and initial zoning classification of R-4, a Two -Family Residential district. The property is in the County zoning jurisdiction and is zoned County R-1, a Suburban Residential district. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. A. Petitioner and Owners: Debbie Willis 400 Marco Bay Road Somers, MT 59932 (406) 857-3121 Richard and Patricia Riley 86 Hawthorne West Kalispell, MT 59901 (406) 755-6255 B. Location and Legal Description of Property: The property proposed for annexation lies on the north side of Sunny-side Drive near the intersection of Denver Avenue. The property address is 945 Sunnyside Drive and can be described as Tract A in Lot 5 of Sunnyside Park in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. E;dsting zoning: The property is currently in the County zoning jurisdiction and is zoned R-1, Suburban Residential. The suburban residential district is intended to serve as an area where limited density would be encouraged such as in the 100- year floodplain or on steep slopes or in areas where estate type development is anticipated. D. Proposed Zoning: Citv R-4, Two-Familv Residential, has been proposed for the property. The R-4 zoning district allows duplexes and single-family dwellings as permitted uses. The minimum lot size for the district is 6,000 square feet and a minimum lot width of 50 feet with setbacks of 15 feet in the front, ten feet in the rear and five feet on the sides. E. Size: The area proposed for annexation and zoning contains approximately one and a half acres. F. Existing Land Use: Currently this property is being used for a single-family residence with a detached garage on the property near the west of the house. G. Adjacent Land Uses and Zoning: The immediate area is characterized by single- family homes on urban sized lots in the area to the south and east and single- family homes on the larger lots to the west and north. North: Large lots with single-family homes, County R-1 zoning East: Duplex and single-family homes; County R-1 and R-5 and City R-4 zoning South: Single family homes, City R-4 and County R-1 zoning. West: Single-family homes; County R-1 zoning H. General Land Use Character: The area can be described as a transitional area between the urban areas of Kalispell to the east and the more rural areas of the County to the west. The immediate area is characterized by single-family homes on urban sized lots in the area to the south and east and single-family homes on the larger lots to the west and north. I. Availability of Public Services and Extension of Services: Public services, including City water and sewer can be provided to this site. City water and sewer were extended into the area with other development in the immediate area. Water and sewer services are located within the right-of-way along Sunnyside Drive in front of this property and would only require service connections to provide service to the property. 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 Master Plan? The property is designated by the Kalispell Growth Policy 2020 as "Urban Residential' which is defined as anticipating four to 12 dwellings per acre. Because of the plans for the provision of public water and sewer to the site, the proposed R-4 zoning designation is in general compliance with the growth policy designation. Because of the configuration of this property, it would appear that Wo additional lots could be created that would create a density of approximately one dwelling per 15,000 sauare feet or a density of approximately three units per acre. 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. However, as previously mentioned the configuration of this property does not lend itself to allow the maximum density provided for under the zoning. 2. Is the requested zone designed to lessen congestion in the streets? Any increase in the traffic in the area that will result from two additional dwellings or duplexes will have an insignificant impact and will not impact the functioning of the streets in the area. 3. Will the requested zone secure safety from fire, panic, 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 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 classification 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 requested zone prevent the overcrowding of land? As previously noted this area has been anticipated for residential development and since public water and sewer are available to the area the urban land use designation is appropriate. The anticipated density generally falls within the proposed R-4 zoning designation. All public services and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely to occur. 7. Will the requested zone avoid undue concentration of people? 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 Parther developed. &. Will the requested 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 reouested zone Five consideration to the oarticular 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 to the east and south is urban sized lots for residential development. The same type of development can be anticipated to occur on this property and will be consistent with the character of the district. 11. Will the proposed 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 encourage the most appropriate use of the land throughout the municipalit ? 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 master plan and surrounding zoning in the area. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-04-4 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. NW1 REPORTS \KA\KA04-4.DOC i Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND LN`ITIAL ZONING CITY OF K AL ISPELL NAME OF APPLICANT: � ��; < � vim% . ! it MAIL CITYiSTATE(ZIP: 5 = ,, i'�AT = PHONE: .47 .' 7 i 1 u 2 INTEREST IN PROPERTY: '`'! r� , C C4 tV' a fi C Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: JF {' CITYlSTATE(ZIP: i=> W1 T s 1 ci C 1 PHONE: { Z S S INTEREST IN PROPERTY: (� i'r r �y ? ? 4? o .£ tr rr ; dl-r- PLEASE COMPLETE THE FOLLOWING: Address of the property: 1 y S U%,V\V\,4 � t Ae- -D V- Legal Description: 71ZA':! = A` rti S (Lot and Block of Subdivision; Tract 9) (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: L dNtl �- The proposed zoning of the above property is: l State the changed or changing conditions that make the proposed amendment necessary: The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and $tither grants approval for Tri-City Planning staff to be present on the propepry for routine inspection during the annexation process. K - ; -�= Applant% (Date) PETITION TO ANNEX. ANC NOTICE OF WT-ih RAWAI 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 express an intent to have the property as herein described withdrawn from the Ka I ; S D�L I I Rural Fire District under the provisions of Section 7-33-2I27, 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 Ciry hereby agrees to allow Peutioner(s) to connect and receive the utilities from the City of Kalispell. — �— Pease return this pennon to: - Tri-Chv Planning Office t °`� St East. Suite ? 11 Kalispell MT 59901 army_ You must attach 1n E-dubit A that provides a bona fide legal description of,he property to oe annexed that has been reviewed and certified by the Flathead County Plat Room STATE OF MONTANA j ss CounrJ of Flathead County On this =dav of 'w (.. 1 before me, the undersigned, a Notary Public for the State of Montana, personally appeared i' ;�kct: 4- � 2. 1 e-, 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 W-FF MESS WHEREOF. I have hereunto set my hand and affxed rtiv/ Notary Seal he day an 7.,, year in this certificate first above written. 1.• " "".9 NG%a Notary Pblio, State of Monta A%u Residing at (s�U:,0.b,y � My Commission expires: yT., • STATE OF MONTANA ) �CFMnNZP : ss CounFlathead County On this day of -)f"`I before me, the unde iLned, a Notary Public for the State of Montana. personally appeared t'I `�" G L - Gi I 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 Seat the day and �MgERL y year in this certificate last above written. j jj / '...........9 1/=:• is NOTA O Notary PulAic, State ofMoniana Residing at My Commission expires: T`cCF MONK ASP STATE OF MONTANA } ss Count Flathead r4 On this 37 �� day of �(aiz- �I ICJ , before me. the tmdersi med, a Notary Public for The State of Montana, personally appeared •� "�: cz.-t� ti`- l' ,3 and he and i r�t respect vely, of he seFpFaiien that executed the foregoing instrument. and the persons who executed said instrument on behadf of said ve�ae�ezian, and acknowledged to me that such o aten executed the same. c'�d .�. rPlic.:.� IN'?1IT NETS WHEREOF. l have :terzanzo set rity stand and a fixed my -Notary Seal the day and iEhl a , year in this certificate cast above written. 1 NO Notary P thiic, Srte of Montana-- 0� Residing :,it o= v r'+ 14y Commission cxeires o,. TCPO - 2003 Zone Change, Variance, Conditional Use, PUD, Annexation & Zoning f APPLICANT: DEBBIE WILLIS I, the undersigned, certify that I did this date mail a copy of the attached notice to the following fast of landowners within 150 feet of the property lines of the property that is the subject of the application. Date: LD AND ATTACHED 'AS T WILLIS, DEBBIE 400 MARCO BAY RD SOMERS, MT 59932 RILEY, RICHARD & PATRICIA 86 14-AWTHORNE DR W KALISPELL, MT 59901-3484 OWL CORPORATION 136 RIVER VIEW DR KALISPELL, MT 59901 ELAND, KATHY L 32929 LANCASTER WARREN, MI 48088 BEAR, HARRY E 816 SUNNYSIDE DR KALISPELL, MT 59901-7446 STEVENSON, CATHERINE M 1348 S 40TH DR YUMA, AZ 86364 MEI-178 LLC PO BOX 8262 MISSOULA, MT 59807-8262 HELLER, STEVE W PO BOX 2793 KALISPELL, MT 59903-2793 FULTON, DULANE & BENIPA L 1035 ASHLEY DR KALISPELL, MT 59901-5573 PIERCE, DALE R & CHERYL A 1015 ASHLEY DR KALISPELL, MT 59901-5573 13 7 7A mi 15 VICINITY MAP j�5� `� \ki- 5* 14 4 2 f /9A �8 c 1 7\�x Aa 7AAAA JAO DEBBIE WILLIS REQUEST FOR ANNEXATIO-T`4 2 INITIAL ZONING OF R-4, TWO FAMILY RESIDENTIAL T T FROM R-i, SUBURBAN RESIDENTiAu ACRE MININIUM LOT SIZE) FLATHEAD COUNTY ZONING FTLE# KA-04-4 SCALE 1" = 25¢ m I PLOT DATE: 3/11/04 H,'\9is\sate\xa04-4.dw9