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Staff Report/Annexation Request/PenteluteSUBJECT KA-14-01 - Request for Annexation with R-2 Zoning — Pentelute Property MEETING DATE: April 7, 2014 BACKGROUND: The Kalispell City Planning Board met on March 11, 2014, and held a public hearing to consider a request for annexation and initial zoning classification of R-2 (Residential) from Daniel and Marion Pentelute. The 18.58 acres of undeveloped property is located on the east side of Highway 93 North, approximately 1.3 miles north of Reserve Drive. The property can be described as assessor's tract 2B in Section 19, Township 29 North, Range 21 West P.M.M., Flathead County, Montana. The owners indicated that they desired to sell the property and believed that having city -zoning and access to city services would add value to the property. The property is adjacent to incorporated City of Kalispell lands on three sides. A portion of the property was included as an access point for the Valley Ranch R-2/PUD that was approved by the Kalispell City Council in 2007. Staff recommended approval of the annexation with initial zoning of R-2 (Residential). The owner's consultant spoke briefly at the public hearing regarding the annexation. The proposal was forwarded to the Council with a positive recommendation on a unanimous vote of 7-0. RECOMMENDATION: A motion to approve the annexation with an initial zoning classification of R-2 (Residential). FISCAL EFFECTS: Approval of the request would have slightly positive fiscal impacts to the City. ALTERNATIVES: Deny the request. Respectfully submitted, Kevin LeClair Senior Planner Report compiled: March 4, 2014 c: Theresa White, Kalispell City Clerk Daniel and Marion Pentelute, 205 Bachelor Grade, Kalispell, MT 59901 Erica Wirtala, Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5667 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS PARCEL 4 OF CERTIFICATE OF SURVEY NO.4491 IN SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS PENTELUTE ADDITION NO.420; 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 Daniel and Marion Pentelute, the owners of property located on the east side of Highway 93 North, approximately 1.3 miles north of Reserve Drive, requesting that the City of Kalispell annex the territory into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-14-01, dated March 4, 2014; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-2, Residential, on approximately 18.5 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 1. That all the real property described as Parcel 4 of Certificate of Survey No. 4491 in Section 19, Township 29 North, Range 21 West, P.M.M, Flathead County, Montana, be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Pentelute Addition No. 420. SECTION 2. 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 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. 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 7TH DAY OF APRIL, 2014. Mark Johnson Mayor ATTEST: Theresa White City Clerk ORDINANCE NO.1736 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS PARCEL 4 OF CERTIFICATE OF SURVEY NO.4491 IN SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED COUNTY SAG 10 (SUBURBAN AGRICULTURAL) TO CITY R-2 (RESIDENTIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Daniel and Marion Pentelute, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned County SAG-10, Suburban Agricultural, be zoned R-2, Residential, on approximately 18.5 acres of land; and WHEREAS, the property is located on the east side of Highway 93 North, approximately 1.3 miles north of Reserve Drive; and WHEREAS, the Pentelutes' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-14-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-2, Residential, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 11, 2014, and recommended that the zoning be City R-2, Residential, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Residential, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-14-01. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described above as R-2, Residential, on approximately 18.5 acres of land. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS _ DAY OF , 2014. Mark Johnson Mayor ATTEST: Theresa White City Clerk KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 11, 2014 CALL TO ORDER AND The regular meeting of the Kalispell City Planning Board and ROLL CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Chad Graham, Ken Hannah, Charles Pesola, Richard Griffin, Rory Young, Matt Regier and Steve Lorch. Tom Jentz, Kevin LeClair and P.J. Sorensen represented the Kalispell Planning Department. There was one person in the audience. APPROVAL OF MINUTES Pesola moved and Griffin seconded a motion to approve the minutes of the February 11, 2014 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. NEW BOARD MEMBER President Graham welcomed Steve Lorch as the new member of INTRODUCTION the Kalispell Planning Board. PUBLIC COMMENT None. PENTELUTE ANNEXATION A request from Daniel and Marion Pentelute to annex an 18.58 acre tract into the city and zone the land R-2 (Residential) upon annexation. The property is located on the east side of Highway 93 North, approximately 1.3 miles north of West Reserve Drive. STAFF REPORT KA-14-01 Kevin LeClair, representing the Kalispell Planning Office reviewed Staff report KA-14-01 for the board. LeClair reviewed the vicinity map to orient the board to the location of this property. He noted this is an 18.58 acre piece of property located on Highway 93 North approximately 1.3 miles north of West Reserve Drive between the National Guard Armory/ MDOT maintenance yard and Ponderosa Estates subdivision. LeClair noted that the Stillwater River makes up the western boundary of the growth policy annexation boundary showing that the Pentelute property is located inside the annexation boundary identified in the growth policy. LeClair reviewed the surrounding land uses and noted this property is surrounded on three sides by City of Kalispell. LeClair added city water and sewer mains are in close proximity to this property. LeClair reviewed the cost of services reports that were included in the packets. The property is currently being used for agricultural purposes so upon annexation there will be no costs to the city to serve the property. However tax revenue will be generated. Kalispell City Planning Board Minutes of the meeting of March, 11, 2014 Page 1 of 4 Based on the requested R-2 zoning, LeClair continued, he also prepared an estimate of what the cost of services would be if the property were fully developed with 72 lots averaging 10,000 square feet per lot. The city would be generating $1,803 per dwelling unit and it would cost the city approximately $1,780 to serve each unit. There would then be a net benefit of $23.00 per unit. In addition, there would be revenue of $483,000 in impact fees if all of the dwelling units were developed. LeClair reviewed the growth policy designation and zoning for this property and surrounding properties. He noted the property owners worked with the developers of the Valley Ranch PUD understanding that their property would probably be one of the key access points to come into the Valley Ranch PUD. The intent is to annex the property for access to city services and to incorporate a development pattern that would be associated with the plans for development of the properties to the east. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-14-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning designation of the property be R- 2, Residential. BOARD DISCUSSION Griffin said he knows there is no cost to the city as far as sewer and water is concerned but isn't there a latecomer's fee charged to the owner to access those lines? LeClair said those fees/costs are already set and it is up to this property owner and Mr. Mann to set up a schedule of payment. Hannah asked what kind of revenue or costs would the city incur at a 25 or 50% build -out and LeClair said he didn't prepare a fractional -type build -out however, with fewer lots on the property the city won't make as much revenue but there is then less infrastructure to maintain. Hannah noted in the Transportation section it states "upon development a vehicular access point on Highway 93 North will need to be developed." Hannah said access points onto the highway can be a major issue and he asked if this development would use an existing access point particularly at full build -out. LeClair said he spoke with the MDT engineer for the region and asked him about access. MDT stated they discussed access when the Valley Ranch PUD was being reviewed and a road was planned for the northern edge of the Pentelute property. LeClair continued an access permit would have to be approved by MDT and a traffic study would have to be completed to see how much traffic would be generated by the development. At that point MDT would Kalispell City Planning Board Minutes of the meeting of March, 11, 2014 Page 2 of 4 determine where the access could be located and what type of traffic control devices would be needed. LeClair added at this point MDT doesn't have any concerns with the annexation however they will have those discussions with the developer when an actual development is proposed. Lorch asked if there is a corridor plan for Highway 93 North and at the point of subdivision would the city consider making sure the property to the north or south would be able to funnel traffic to existing accesses. LeClair said an amendment was passed in 2012 to the growth policy regarding the Highway 93 North corridor which discusses shared access points to try and limit the number along the highway for traffic control, safety and from an aesthetic standpoint to prevent driveways and intersections all the way up and down the corridor. Part of that would require greater setbacks from the highway to mitigate impacts to both the vehicles and the residencesibusinesses along the highway. These policies would be discussed once there is an actual development subdivision and/or PUD proposal. Graham said he appreciates the cost of services analysis information that was presented because it provides a lot more detail. Graham asked for more information regarding anticipated revenue generated and the tax revenue and LeClair provided that information. PUBLIC HEARING Erica Wirtala of Sands Surveying stated she is representing Daniel and Marion Pentelute. Wirtala provided a history of the property noting the Pentelutes have owned this property for many years. It is currently zoned SAG-10 and with 18-1/2 acres they are currently not able to subdivide the property. What the annexation and initial zoning will do is make it more marketable for potential buyers and the suburban residential growth policy designation is a good fit. She added Mr. Pentelute hopes to dovetail a project with Valley Ranch. Wirtala noted the concerns with access brought up by the board. She said they can't go to MDT with a blank piece of property for review because it depends on the plans for development of the property. Then MDT can review the proposal based on their traffic impact analysis. Wirtala said they also considered coming to the board with a PUD proposal but because PUD's are so development specific they felt it would be best to set some generalities on the property and once they have a specific project in mind they could then come back to the board with a more detailed project. MOTION Hannah moved and Griffin seconded a motion to adopt Staff Report KA-14-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial Kalispell City Planning Board Minutes of the meeting of March, 11, 2014 Page 3 of 4 zoning upon annexation be R-2 Residential. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: None. NEW BUSINESS: Jentz noted there will be a regular meeting on April 8, 2014 and a special meeting on April 22, 2014. He asked the board to mark their calendars. ADJOURNMENT The meeting adjourned at approximately 7:30 p.m. WORK SESSION A work session was held immediately following the regular meeting to discuss the following item: 1. Continuation of the Growth Policy Update. NEXT MEETING The next regular meeting is scheduled for April 8, 2014 beginning at 7:00 p.m. in the City Council Chambers located at 201 1" Avenue East in Kalispell. A special planning board meeting is tentatively scheduled for April 22, 2014 same time and location. Chad Graham President APPROVED as submitted/corrected: / /14 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of March, 11, 2014 Page 4 of 4 PENTELUTE ANNEXATION REQUEST FOR INITIAL ZONING OF R-2, UPON ANNEXATION STAFF REPORT #KA-14-1 KALISPELL PLANNING DEPARTMENT MARCH 4, 2014 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to annex into the city limits with an initial zoning designation of R-2 upon annexation. A public hearing has been scheduled before the Kalispell City Planning Board for March 11, 2014 beginning at 7:00 PM, to consider the annexation request and the appropriate zoning for the property to be annexed. The planning board will forward a recommendation to the Kalispell City Council for consideration. The owner has petitioned for annexation and an initial zoning designation of R-2, a residential zone, on an existing tract of land approximately 18 acres in size. The owner is requesting annexation to ensure the property can be developed as a residential subdivision at a density of approximately 4 homes per acre. This report evaluates the annexation request and 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: Daniel and Marion Pentelute 205 Bachelor Grade Kalispell, MT 59901 B. Location and Legal Description of Property: The tract is located on the east side of Highway 93 North, approximately 1.3 miles north of West Reserve Drive. The tract is bounded by Highway 93 North on its west side, by both city and county land to the north and south, and by city land to the east. The 18.58-acre tract can be legally described as assessor's tract 2B in Section 19, Township 29 North, Range 21 West P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The tract is currently undeveloped and is being used for agricultural purposes. The current county zoning on the property is SAG-10 (suburban agricultural). This district is defined as "A district to provide and preserve agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate -type residential development." Permitted uses in this district are generally limited to agricultural and residential uses. The conditionally permitted uses allow some non-residential uses such as churches, daycare centers, bed and breakfasts, schools, and golf courses. The minimum lot size requirement of the County SAG- 10 zoning district is 10 acres. Figure 1: Aerial view of tract D. Proposed Zoning: The proposed R-2, residential zone, permits single-family residential uses and a limited number of public and quasi -public uses. The zone also conditionally permits churches, community centers, and 2 and 3-unit townhomes, and several other uses. The minimum lot size requirement is 10,000 square feet, with a width of 70 feet. The Kalispell Zoning Regulations state that the R-2 zoning district is "intended to provide adequate lot areas for lower density residential development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc." E. Size: The tract is 18.58 acres in size. F. Adjacent Land Uses and Zoning: The property is surrounded by a mixture of undeveloped and developed properties. North: Cowboy Church, County SAG-10 and Vacant, City R-2 PUD East: Vacant, City R-2 PUD West: Highway 93 North and Northern Pines Golf Course, County SAG-10 South: Vacant, County SAG-10 and National Guard Armory, City P-1 G. General Land Use Character: The general land use character of this area can be described as primarily rural with limited suburban features. The land to the east is rural land is being actively managed for agricultural purposes. Although this land is agricultural at this time, it is zoned by the City of Kalispell as R-2/PUD, which permits the development of a suburban scale residential subdivision with an average density of four homes per acre. There is a church on the north side of the property, the National Guard Armory to the south, and a golf course across the highway. Just north of the church is a vacant retail establishment, and then Ponderosa Lane, which serves as access to the Ponderosa subdivision to the northeast of the subject property. The Ponderosa subdivision is outside of the city limits and was developed at an average density of one home per acre. Further north and west of Highway 93 North is Silverbrook Estates, which is located within the city limits. Silverbrook pjl Estates was developed under the city's zoning designation of R-2/PUD, which generally results in four homes per acres, and includes a variety of housing types. H. Utilities and Public Services: All available public services and facilities are available to the property. A 14" water main lies on the west side of Highway 93 North. An 18" gravity sewer main lies on the east side of Highway 93 North. If annexed and subsequently developed, the owner or developer would be required to pay the required impact fees and associated latecomer's fees to connect to the city's services. Sewer: City sewer main if annexed Water: City Water if annexed Refuse: Evergreen Disposal Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: School District #S, Kalispell Fire: West Valley Fire Department (currently), Kalispell Fire Department if annexed Police: Flathead County Sheriff Department (currently), Kalispell Police Department if annexed I. ANNEXATION EVALUATION 1. Compliance with the growth policy: The Kalispell Growth Policy discusses the issues with cyclical growth the city has seen over the years. The chapter focuses on affordable housing, delivery of services, location of new development, redevelopment of the existing downtown and core area and quality of life issues. As part of the review of the annexation request the following goals contained in the Growth Policy are relevant to this particular annexation request. The goals are: • Implement a comprehensive, effective growth management program that recognizes and upholds the general welfare of the community as well as individual rights. • New urban and suburban development occurs in areas where public water and sewer are available. In addition to the two cited goals, the city council adopted an annexation policy in 2011, with a corresponding map as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the planning board, the council, and the development community direction when property owners outside of the city limits are requesting municipal services and annexation. The property requesting annexation falls inside the city's direct annexation boundary. Public water and sewer main lines are located within the public right -of way of Highway 93 North immediately adjacent to the property requesting annexation. If annexed, the subsequent suburban residential development would have access to the water and sewer mains provided the appropriate impact fees, latecomer's fees, and necessary permits are obtained. 3 2. Municipal Services: Highway 93 North is a federal highway that is managed by the Montana Department of Transportation. As stated above, water and sewer main lines are located in Highway 93 North adjacent to the site. These main lines are adequate to serve the potential of a suburban residential subdivision that would be developed at an average density of four homes per acre, or 72 total residential units. Given the close proximity to existing services, annexation of the property will not overburden the municipal services currently in place. 3. Distance from current citv limits: The property requesting annexation abuts the city on one side and partially on two sides. 4. Cost of services: 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. If annexed, the property owner will be connecting to city sewer and water at the time of development. The attached cost of services analysis prepared for this property is used for all residential annexations for residential land. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The cost to serve the land requested for annexation is $0.00, because the land is undeveloped and has no need for city services. Based on the city's taxation and assessment policies, the property will generate approximately $1,571 in annual revenue for the city. Therefore, there will be a net gain in revenue generated by the requested annexation. The details of this analysis are shown in the attached cost of service analysis for the property under annexation and initial zoning. An additional cost of services analysis was prepared for this annexation that estimates the cost of services for the property if it were to be developed at its permitted residential density of 72 dwelling units. The analysis shows approximately $1,803 annually will be generated from assessments, taxes, and utility bills per unit. To serve the property with police and fire services, street maintenance, parks and water/sewer services will total approximately $1,780 per unit. Based on these estimated figures the annexation will benefit the city by approximately $23 per year per home, or $1,656 for the property as a whole. Additionally, the city will receive one-time payments of impact fees when the subdivided residential lots develop. The total revenue from impact fees, at current rates, equals $483,192. 2 II. INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. 1. Does the requested zone comply with the growth policy? The property is designated by the Kalispell Growth Policy future land use map as "Suburban Residential" which anticipates primarily single-family housing at a density between two to four homes per acre. The requested initial zoning of R-2 is a suburban residential zone that permits an average density of four homes per acre. The requested zoning is in compliance with the growth policy designation for the site. 2. Will the requested zone have an effect on motorized and nonmotorized transportation systems? The property is currently undeveloped and is being used for agricultural purposes. Upon development vehicular access point onto Highway 93 North will need to be developed. The location and traffic control function of this intersection will require review and approval by the Montana Department of Transportation. Annexation of this property will increase traffic slightly when the site is fully developed with residences. The development of the property will generate approximately 600 vehicle trips per day. The impact on Highway 93 North will be relatively insignificant when considering that Highway 93 North currently sees an average of 15,623 vehicle trips per day. The increased traffic upon development would amount to a 0.05% increase. There are no non -motorized facilities on Highway 93 North at this time. Long- range plans envision a separated multi -use path running parallel to Highway 93 North from West Reserve Drive up to Church Drive and beyond to the city limits of Whitefish. 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. All municipal services including police and fire protection, water, and sewer service are available to the area. 4. Will the requested zone promote the public health, safety 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. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot 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 promote compatible urban growth? The requested R-2 zoning district allows the property to blend into the semi -rural character of the area. This zoning district maintains and is compatible with the established land use pattern in this area which is a mixture of rural, low -density residential, and quasi -public outdoor recreation facilities (Northern Pines Golf Course) . 7. 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 to the property. The property is currently undeveloped. Upon annexation it will not require any city additional services. The provision of public services will be defined when a development proposal is crafted for the property. 8. Does the requested zone give consideration to the particular suitability of the Property for particular uses? The proposed R-2 zoning district is consistent with the surrounding semi -rural character of the area. The R-2 zone also gives due consideration of the suitability of this property for the permitted uses in the zoning district. 9. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is a mix of agricultural, low -density -residential, and a golf course. By assigning the property with the R-2 zoning district the development of this property will be consistent with the suburban residential character of the area. The proposed zoning is also consistent with R-2/PUD zoning designation of the properties to the east. 10. Will the requested zone avoid undue concentration of people? There will be a minor increase in the number and concentration of people in the area with up to 72 more families if the lot is fully developed. The minimum density standards of the R-2 zone and the requirement for a conditional use permit if the owners proceed with development will ensure proper safeguards and design features are incorporated. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the annexation will allow the current owner access to municipal services and fully develop this lot in concert with the adjoining property to the east. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Suburban scale development should be encouraged in areas where services and facilities are available. In this case water and sewer lines are located immediately abutting the property. The proposed zoning is consistent with the city growth policy future land use designation and is compatible with adjacent city zones and uses. 6 RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-14-1 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be R-2, Residential. VA Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-773.9 PLANNING FOR THE FUTURE MO.i�'.E NA J" www.kalispell.com/planning PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: .lam i ► ej 7; V May -I Q j7 MAIL ADDRESS: Z DJr Bache-Joy- CITY/STATE/ZIP: U rad e I a 150G11, HT Jam%9D l PHONE: g55-0Z7q- INTEREST IN PROPERTY: D W h e.r5 Other Parties of Interest to be Notified: PARTIES OF INTEREST: Erl Go— r±ajo Lwd Use- Rewojer a SarOs MAIL ADDRESS: Il age, 1-DDp 5yryeyl*ng CITY/STATE/ZIP: �;t7J1 Sty Ci PHONE: INTEREST IN PROPERTY: CD 75U l j`a.l'l t PLEASE COMPLETE THE �� FOLLOWING: Address of the property: Nc)/ addrC55ed a.-' T+)/5 - rn , Legal Description: Tlr'12 C t 2-13, 5 e-cl on 19 , 7r2.9 /V , k 21 W (Lot and Block of Sub vision; Tract #) S e e aAgcli COS 144 R 17"raC+ -4 S /z- CM V. /-0 t 3 (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): U . 55 3 Current estimated market value& :1 -7 at 50% build out at 100% build out Is there a Rural Fire Department RSID or Bond on this property Yes No ✓ If yes remaining balance is $ The present zoning of the above property is: 5i4(4:— l Q The proposed zoning of the above property is: )2.— 2. State the changed or changing conditions that make the proposed amendment necessary: 6d i i� o ro perfi es have- a nneKed inip -fhe n N �i The signing -Of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. ate) Return to:. . Theresa ,White ' . . Kalispell City Clerk P.O. Box 1997 Kalispell, MT:59903 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 express an intent to have the property as herein described withdrawn from the ;r1 I VAU-C\/ 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 the utilities from the City of Kalispell. 1 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 cityfrom providing solid waste services to this property for a minimum of 5 years from date of annexation. Petit' ner/owne ate D et loner/Ow r Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. �5 C9t� t5 1\:," cia-`4 of �'_ZH I be,6rr, fu,+Vo- +�t�c%+3i9 o. OaT �u�1 Ic,,�r� Sipe o il/f�m��a pe rci l �� r� P re �0-4,1i et. i= kllowyl -1 D >rIVIZ is bp--Pvu e.ett yl V�6D5L 4A6LP i s Su bsCri btd -la 4 e 6-c ff i nq, lYtSi r1 Lvn } a aG�Ct�o,,�� 2G�q tl �0 fYi� � + j� ()gc;LAte� 4u 5a tn2 m� �tO,H� a4`14 Co-q and y41r lif) ce+ PJGE �RTfy ALICE BARTEN �ot�wyr NOTARY PUBLIC for the State of Montana SEAL r Residing at Kalispell, Montana MY Commission Expires °F"°d� February2,2014 C -�,� lei- 1Ly a � ..� ,�,j-ze.. -ice "17� � eq.r5'n V�ho na one � � +Ii LE ta rn e ins��r-Lend a�o� �c%r�o-��d nN 014,d ALICE BARTEN �y NOTARY PUBLIC for the State of Montana * SEAL * Wesiding at Kalispell, Montana '� aT My Commission Expires Pentelute Annexation KA-14-02 Legal Description Parcel 4 of Certificate of Survey No. 4491 in Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. CERTIFICATION APPLICANT: Pentelute Annexation FILE NO: KA-14-01 I, the undersigned certify that I did this date mail via First Class Mail a copy, of the attached notice to the following list of landowners adjoining the property lines of the property where annexation and initial zoning has been requested. Date: S-T-R: 9-29-21 Tract/Lot: Lot 13, highland Park Professional Property Owners/Owner Representative: Daniel & Marion Pentelute 205 Bachelor Grade Kalispell, MT 59901 Sands Surveying Attn: Erica Wirtala 2 Village Loop Kalispell, MT 59901 AND ATTACHED LIST PLANNING FOR THE FUTURE Planning Department 201 VS Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.ltalis ell.com/ tannin You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns to the Kalispell Planning Department. You may come into the office in person at the above address or you may contact the office at (406) 758-7940 for additional information. Written comments may be submitted to the Kalispell Planning Department prior to the submission date, or emailed to us at planning_gkalispell.com. The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, March 11, 2014, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make recommendations to the Kalispell City Council who will take final action. A request from Daniel and Marion Pentelute to annex an 18.58-acre tract into the city and zone the land R-2 (Residential) upon annexation. The tract is located on the east side of Highway 93 North, approximately 1.3 miles north of West Reserve Drive. The property is currently undeveloped, and no address has been assigned. Water and sanitary sewer service are available to the property and are located within the Highway 93 North Right - of -Way. The lot can be described as assessor's tract 2B located in Section 19, Township 29 North, Range 21 West. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda items is posted on our website at www.kalispell.com/planning under "Planning Board Agenda & Staff Reports". Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS'THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA; AND THAT NO.21534 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES Of February 23, 2014.. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED'TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this February 24, 2014 Dorothy I. GI ross Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/2017 �y r' DOROTHY L %LENCROSS eo �IA,9 r� NOTARY PUBLIC for the $ r - 'i» State of Montana * SEAL Residir}g at Kalispell, Montano My Commission Expires Sept©mbar -11r, 20117 ESTIMATED COST OF SERVICES ANALYSIS (Residential land over 112 acre capped) Project Name: Pentelute Annexation and R-2 Initial Zoning in Current, Undeveloped Condition Date: Feb-14 Calculated By: Kalispell Planning Department Number of lots proposed to be annexed: Number of dwelling units proposed to be annexed: Estimated increase in population: Expected number of people per acre: Average square foot per lot: Taxable market value per property: 1 0 0.0 0.00 809,344 $189,362 1. COST OF SERVICES Per capita costs based on increase in population: 0 SERVICE POPULATION COST TOTAL Fire 0 $ 126.00 $ Police 0 $ 204.00 $ Administration 0 $ 135.07 $ Solid Waste none for 5 ears 0 $ $ Costs per dwelling unit or Equivalent Residential Unit ERU): $ SERVICE NO, OF UNITS COST TOTAL Roads (Approximatley0 lineal feet N/A 2.16/ er foot $ Water N/A $ 222.00 $ Sewer 0 $ 138.00 $ Wastewater Treatment 0 $ 163.00 $ Stormwater N/A $ 87.00 $ Parks 0 $ 71.00 $ TOTAL ANTICIPATED COST OF SERVICE _ 2. ANTICIPATED REVENUE GENERATED Assessments based on average square foot per lot: 809,344 ASSESSMENT UNITS VALUE FY 13/14 ASSESSMENT TOTAL Kalispell City Res. 5639 Taxable Value 0.1851 $ 890.29 Storm sewer assessment If > 2 acres, then $260.90; If > .5 acre, then $121.29: SQ. FT. 809,344 0.005569 $ 250.90 Street maintenance assessment (Res. 5636) $1171.07 Cap or 2 acres: SQ. FT. 809,344 0.013442 $ 1,171.07 Urban forestry assessment (Res. 5641) $150 Cap or 0.5 acres: SQ. FT. 809,344 0.00171 $ 150.00 Light maintenance assessment (Res. 5645) Assessed if within 300 ft. of city maintained street light; $663 Cap or 5 acres: Distance to City Street Light 9,999 0.003 $ - Special assessment: N/A 809,344 0 $ AVERAGE BILL Average water and sewer bill 0 0.00 $ TOTAL ANTICIPATED CITY REVENUE FROM ASSESSMENTS = 1,571.97 3. TAX REVENUE Taxable market value per property: $189,362 NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 1 $189,362 $189,362 VALUE REAL ESTATE TAX VALUE Total taxable value: $189,362 0.02539997 $4,809.79 TAXABLE VALUE TOTAL MILLS LEVIED TOTAL Total additional revenue based on mill levy: $4,809.79 0.6934 $3,335.11 TOTAL TAX REVENUE $3,335 Residential Unit (ERU) Determination Schedule PE OF BUILDING AND SEWER USE FIXTURES I ERU I UNITS I TOTAL otalSewer impact I-ee $ 2,499.00 $/eru otal Water impact Fee $ 2,567.00 $0.00 o a orm impact Fee $ 1,121.00 $0.00 otal Police impacee $ 41.00 $0.00 o a ire impact Fee $ 483.00 $0.00 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) 0.00 7, NET COST TO THE CITY PER YEAR (ITEM 1) $0.00 8. NET BENEFIT TO THE CITY IN YEAR ONE (ITEM 5 + 6 - 7) $1,571.97 ESTIMATED COST OF SERVICES ANALYSIS (Residential land over 1 /2 acre capped) Project Name: Pentelute Annexation and R-2 Initial Zoning in developed condition Date: Mar-14 Calculated By: Kalispell Planning Department Number of lots proposed to be annexed: Anticipated number of dwelling units on site: Estimated increase in population: Expected number of people per acre: Average square foot per lot: Taxable market value per property: 1 72 158.0 7.10 10,000 $180,000 Home value of approximately $280 - $300 1. COST OF SERVICES Per capita costs based on increase in population: SERVICE POPULATION COST PER PERSON TOTAL Fire 158 $ 126.00 $ 19,908.00 Police 158 $ 204.00 $ 32,232.00 Administration 158 $ 135.07 $ 21,341.06 Solid Waste none for 5 ears 158 $ $ Costs per dwelling unit or Equivalent Residential Unit ERU : $ 465.07 $ 1,020.57 SERVICE NO. OF UNITS COST PER UNIT TOTAL Roads (Approximatley 0 lineal feet 2640 2.16 $5,702 Water 72 222.00 $15,984 Sewer 72 138.00 $9,936 Wastewater Treatment 72 163.00 $11,736 Stormwater 72 87.00 $6,264 Parks 72 71.00 $5,112 TOTAL ANTICIPATED COST OF SERVICE _ $128,215 2. ANTICIPATED REVENUE GENERATED Assessments based on average square foot per lot: 10,000 ASSESSMENT UNITS VALUE FY 13/14 ASSESSMENT TOTAL Kalispell City (Res. 5639) General fund, health insurance, and G.O. bond: Taxable Value 0.1851 $ 846.28 Storm sewer assessment (Res. 5644) If > 2 acres, then $250.90; If > .5 acre, then $12119: SQ. FT. 10,000 0.005569 $ 55.69 Street maintenance assessment (Res. 5636) $1171.07 Cap or 2 acres: SQ. FT. 10,000 0.013442 $ 134.42 Urban forestry assessment (Res. 5641) $150 Cap or 0.5 acres: SQ. FT. 10,000 0.00171 $ 17.10 Light maintenance assessment (Res. 5645) Assessed if within 300 ft. of city maintained street light; $653 Cap or 5 acres: Distance to City Street Light 50 0.003 $ 30.00 AVERAGE BILL Average water and sewer bill Bill bi-monthly $ 120.00 $ 720.00 TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS = $1,803.49 3. TAX REVENUE Taxable market value per property: $180,000 NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 1 $180,000 $180,000 VALUE REAL ESTATE TAX VALUE Total taxable value: $180,000 0.02539997 $4,571.99 TAXABLE VALUE TOTAL MILLS LEVIED TOTAL Total additional revenue based on mill levy: $4,571.99 0.6934 $3,170.22 TOTAL TAX REVENUE _ $3,170 Determination Schedule OF BUILDING AND SEWER USE FIXTURES I ERU I UNITS I TOTAL otal Sewer impact Fee $ 2,499.00 $/eru $179,928.00 otal Water impact I-ee $ 2,567.00 $184,824.00 otal Storm Impact Fee $ 1,121.00 $80,712.00 otal Police impact Fee $ 41.00 $2,952.00 o a ire Impact Fee $ 483.00 $34,776.00 Total Project Impact Fee ($): $483,192 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEM 2) 1 $129,851.01 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) 1 $483,192.00 7. NET COST TO THE CITY PER YEAR (ITEM 1) 1 $128,215.46 8. NET BENEFIT TO THE CITY IN YEAR ONE (ITEM 5 + 6 - 7) $484,827.55 9. NET BENEFIT TO THE CITY IN YEAR TWO (ITEM 5 - 7) $1,635.55