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3. Annexation of Wholly Surrounded PropertyCity of Kalispell Planning Department 17 - 2'd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT To: Honorable Mayor and City Council FROMI: Tom Jentz, Planning Director James H. Patrick, City Manager SUBJECT: Annexation of Wholly Surrounded Property MEETING DATE: April 23, 2007 (work session) BACKGROUND: The Council recently discussed the potential annexation of properties which are wholly surrounded by the City. The issue arose after a fire occurred on Meridian at a home that is in the City, but adjoins property located outside the city limits. There are also a number of properties and small portions of properties which have historically been shown as being in the City, but were determined to be out following an internal audit resulting from a new link between GIS data and tax information. ANNEXATION OF WHOLLY SURROUNDED LAND IN GENERAL Under Montana statutes, there are a number of different methods of annexation. The most common is annexation by petition, whereby a property owner asks to be annexed, typically in order to obtain city services for a subdivision. In recent years, the City has also annexed property contiguous to the city limits without a petition from the property owners (Village Greens and a portion of the Greenacres area). Those annexations were generally limited to areas which either currently had city water/sewer service or had immediate access to both services. Sections 7-2-4501, MCA, et sue, provide the procedures to be followed when the City wishes to annex wholly surrounded land. The process is very similar to the annexation of contiguous land as in the Village Greens and Greenacres areas. The primary difference is that there is no right of legal protest when property is wholly surrounded (for contiguous land, property owners can defeat an annexation attempt if more than 50% file a formal protest). Otherwise, the steps are the same. Essentially, the Council must pass a resolution of intent to annex, provide notice to registered voters in the area to be annexed, and then, after considering written comments, pass a resolution of annexation. As part of that process, an extension of services plan must be provided. Additionally, the Council will also need to zone the property. one potential approach is to establish an effective date in the resolution of annexation three months from the date of the resolution. The time lag would then allow for the zoning of the property to proceed through the Planning Board and the Council. It is estimated that each annexation would cost approximately $200 - $400 to pay for the public notice, obtaining property owner and registered voters lists, and other processing costs. IDENTIFIED WHOLLY SURROUNDED AREAS For identification purposes, each of the areas has been assigned a number and shown on the attached maps. They are placed into one of four categories: (A) Wholly surrounded developed/semi-developed neighborhoods lacking sufficient infrastructure; (B) Minor tracts of land, portions of lots, and remnant right-of-way pieces revealed to be unincorporated by an audit of annexed lands undertaken by the county GIS department; (C) Wholly surrounded lots/tracts where full municipal services are typically available to the properties; and (D) other. Cate o "A" --- Insufficient Infrastructure Area #1: North Haven Heights (24.8 acres): North Haven does not appear to be completely surrounded by the city limits as a legal matter, although it is one of the specific areas which have been discussed. The subdivision contains approximately 32.. lots and a county park. At the present time, Forth Haven has neither city water nor sewer service. The lack of city water could provide a problem regarding fire service, particularly in regard to the provision of fire hydrants. Area #5: Meadowland Subdivision (40.4 acres): This subdivision was created in 1972, and is adjacent to Northridge. Several annexations over the last four years (Empire Estates, Northview Heights, and Northland) have wholly surrounded the 46-lot subdivision. There are no city water or sewer lines in the subdivision, and the lack of fire hydrants would pose the same problems as North Haven. Area #13: Parcels on Two Mile near Greenbriar (3.68 acres): These 4 homes are wholly surrounded due to the fact that Two Mile Drive to the north of the lots was annexed into the city. The homes themselves are on wells and septics. City services are nearby, but not readily available due to the location of the homes and size of the lots. Areas #16 and #17: Ashley Creek area (76.9 acres): These two areas generally follow Ashley Creek from Airport Road to Sunnyside Drive, and contains about 37 parcels and portions of parcels. The area would be considered residential, and does contain some homes. However, the rnajority of the area is in the floodplain and not particularly suited for development. Its best use may be as horse pasture (it is currently used in that manner in large part), which could present problems if the recently proposed livestock ordinance is not approved. Area # 0: G reenacres/Sth Avenue East (-162.0 acres): This area is the largest in terms of both area and number of lots (about 265 parcels/portions of parcels). It can be broken down into 4 distinct sub -parts: (a) Greenacres; (b) 8th Avenue East south of 14th Street; (c) properties accessed off of 5th Avenue East and 14th Street; and (d) properties accessed off of 3rd Avenue East. (a) Greenacres: Greenacres is a primarily single-family residential area. The City annexed a portion of the general area in 2003. The Council opted to annex only those properties which were on city water and sewer, or had immediate access to those services. Rather than annex the entire area, the annexation was comprised of properties along Kelly Road and in Meadow Park. The remaining properties generally are served by a community water system and septics, although several houses are on city sewer. (b) 8th Avenue East: The properties extending down 8th Avenue East south of 141h Street are mostly larger residential lots. The city has a small water line (2"') extending for some distance down 8th Avenue. The line is not sufficient for hydrants. Additionally, the end of the road is not a cul-de-sac and there is not sufficient right-of-way to construct one. A turn -around area for fire engines may be needed. The properties have septics, and there are no sewer lines within the area. (c) 5th Avenue East: These properties are mostly located to the east and south of 51h Avenue. Many of the properties are similar to Tract 5Z (Area #19) in that the front of the lot was annexed, but the rear yard was left in the county. The line was apparently drawn in that manner as an effective tax break by leaving some of the land under the county tax structure. other lots are entirely in the county and are accessed by common driveways which serve the essentially landlocked parcels. Many of those parcels have city water, but use septic systems. (d) d Avenue East: The area on the east side of 3rd Avenue between the Forest Service building and a bit north of Scotty's. Most of the properties are commercial, although there are a couple houses. There is a mix of utilities, with some having both water and sewer, and some on a well and septic. Public utilities are available, and provision of services would not appear to be a problem. Catestory "B" — Minor Tracts Identified By Audit Area #2: Corner of Hwy 93 and Four Mile Drive (0.15 acres): Tract 2XBA appears on the ground to be part of the Greenery project. However, it is actually a part of the state right-of-way and was not included as part of the Greenery annexation. There would be minimal issues tied to services since it is part of the MDOT right-of-way, and it is not anticipated that the State would be opposed to an annexation. Area #3: Indian Trail (0.3 acres): Tract 2DCA is owned by the County and is part of the western end of Indian Trail. Provision of services would be minimal, although it might be expected that the city would take full responsibility for maintenance. Area #4: NW corner of Lot 1, Block 14, Northridge Heights 5 (Hill Top Avenue) (0.02 acres): This area is a portion of the back yard of this lot. As with several of the areas, the problem resulted from multiple annexations and/or subdivisions occurring over the years which did not join together seamlessly. No additional provision of services would be expected. Area #6: Area behind Lots 3 and 4, Block 10 along Northridge Drive (0.01 acres): There is an 18 inch strip of land running the length of two lots. It is likely a retaining wall. It appears that, upon close inspection of two adjoining surveys, a very slight jog in the property line resulted in a remnant parcel. The parcel was not included in the annex ation/subdivision of the first property, and seems to not have been noticed when the second, adjoining property was annexed/ subdivided. There would not be any issues tied to provision of services due to the minuscule size and the fact that it was already considered to be annexed. Area #7: Tract 2M near corner of Northridge Drive and Hilltop (0.04 acres): This area is similar to Area #6 in that multiple annex ationslsubdivisions omitted a small portion of a larger lot. It is a 10 foot wide piece that is effectively part of lot 13 to the south. There would not be any issues tied to provision of services. Area #11: Tract 24 near E. California and 51h Ave EN (0.08 acres): when the neighboring parcel was annexed, the owner at the time (who still owns the property) was contacted in an effort to include this tract as part of the annexation. The owner did, in fact, agree to be part of the annexation. However, Tract 24 was not included in the resolution approved by the Council because the letter appears to have arrived too late. There does not appear to be any issues related to provision of services. Area #18: Parcels South of 181h St E (0.09 acres): There are two strips of land approximately 38 ft wide, each owned by an adjacent property owner. one of the strips may have an issue similar to the area at the end of W Montana in that the statutory prohibition on annexation of wholly surrounded land used for industrial purposes may come into play. Provision of services does not appear to be an issue. Cate or "C" — Available Municipal Services Area #8: Tract 6E adjacent to Northview Heights (4-02 acres): This tract became wholly surrounded due to the annexations for Northview Heights and Empire Estates. It contains an older house on a well and septic system. It should be noted that the property owner has horses, which would not be allowed unless the livestock ordinance were to be amended. Area #10: Tract 5ACA/Buffalo Hills Golf Course (0.33 acres): This tract may have been a right-of-way or a reservation for a right-of-way at some point in time. It extends from the end of Sunnyview Lane and connects with an abandoned portion of Grandview a few hundred yards into the golf course. The owner is shown as the Kalispell Golf Association, although it is surrounded by city owned property which is leased to the golf course. Provision of services would be minimal. Area #12: Parcels on E. Oregon near 91h Ave EN (0.49 acres): This area contains 2 homes, and became wholly surrounded several years ago when several neighboring lots were annexed. The homes have city utilities, and there does not appear to be any issues related to provision of services. Area #15, Tracts along S Meridian between Center and 2"d St W (3.13 acres): This area, which is located along the west side of S. Meridian, became wholly surrounded in 2003 after the annexation of the Meridian Business Park (Meridian Court) and a portion of Hollisters Meridian Tracts to the west. The recent fire occurred on the property immediately to the south of this area. There are 4 property owners in the area. The homes have city sewer, but only one is on city water. Area #19: Tract 5Z; east side of 51h Ave E (0.12 acres): The front 150 ft of the lot has a single family home. The rear yard, as is the case with many properties along the east side of 5th Avenue south of 14th Street, lies outside the city. It became wholly surrounded due to annexations of willow Glen and Woodland Avenue, and became a separate island due to annexations of two adjoining lots for apartments. The home is on city water and a septic. There do not appear to be any issues related to provision of services. Area #21: Tract 3F by Leisure Heights (0.54 acres): This tract contains a home which was in existence when Leisure Heights was subdivided and annexed into the City. It is presumably served by a well and septic, although city water and sewer is available. Area #22: Tract 7CEB and Sky Harbor court (1.58 acres): This area contains 3 commercial properties, all under common ownership. GIS shows the property as unimproved and without utilities. City water and sewer service is available to the property. Fate o "D" - other Area #9: Rear portion of several properties on the west side of Grandview near Juniper Bend (0.19 acres): This area contains effectively the rear yard of three homes which front on Grandview. The homes have a community water system and septic tanks. City services are available within the Grandview right-of-way. Area #14: Tract 1AE near W Montana and 81h Ave WN (1.81 acres): This parcel is mostly vacant, With one building being used for metal fabrication. It is zoned county I-1. The zoning designation is important to note because state law does not allow the annexation of wholly surrounded land used for an industrial purpose. The owner has been contacted and would consider an annexation by petition (i.e. formally requesting annexation). The property is adjacent to city water, with city sewer about a half block away. RECOMMENDATION: Staff recommends that the Council provide direction as to which wholly surrounded areas, if any, should be annexed into the city. ALTERNATIVES: As suggested by the Council. Respectfully submitted, Tom Jen tJ mes H, atrick Planning Director City Manager Report compiled March 29, 2007 FACTS 1. EVFD projected to respond to over 900 calls in 2007. Responses Responses (% change from prior year) Year Fire/Other 1 EMS 2 Total Fire/Other I EMS 2 Total 2003 314 38 352 - - - 2004 180 274 454 -43% 621% 29% 2005 204 325 529 13% 19% 17% 2006 215 472 687 5% 45% 30% 2007 thru Apr 83 184 267 15%' 17%' 17%4 Structural, vehicle, vegetation, hazardous, false alarms, service & other. 2 BLS, vehicle accidents. 3 Annualized, based on activity through April 2007. 4 Expected to increase due to Summer tourist season and BLS transport. 2. Station voluntarily manned four nights per week. I Hiring one additional full time Captain beginning July 1, 2007. 4. 24/7 BLS transport beginning August 1, 2007. 5. 24/7 ALS transport beginning January 1, 2008. 6. Purchase of aerial truck by January 1, 2008 7. Construction of new station in 2008 to replace main Evergreen Station #81 on same parcel of ground. a. Bond levy to voters Spring 2008, b. Construction during Summer 2008. 8. Construction of two additional bays at north station #82 during 2008. 9. Response times to Hwy 2 E & Reserve, based on recent ALS incidence responses from: a. Evergreen Station #81 = 4 minutes, b. Kalispell Station #62 = 8 minutes. 10. District pursuing an ISO rating of three(3) by January 1, 2009, in hydranted portions of District. Concerns 1. Kalispell Fire Department and EVFD currently have a good working relationship, i.e., a. Evergreen frequently driving Kalispell ambulance or assisting in the patient compartment, transporting patients, b. Frequent joint training functions, c. Evergreen has responded into the city multiple times for mutual aid fires. 2. Annexation designs by Kalispell, of areas within EVFD jurisdiction, will adversely effect Department morale, eliminate revenue potential for improvements for current District operations and future infrastructure projects, and may make mutual aid response to the City difficult due to EVFD commitments to its District and other Mutual Aid Agreements, 3. Annexation of Trumble Creek Crossing 1 and other proposed subdivisions in various stages of submission to Kalispell, will split the EVFD district in two areas — South and North. a. District Fire and EMS can be provided, to, proposed annexed areas, by EVFD in 1/2 the response time as Kalispell, b. Kalispell constructing an additional fire station in the proximity of Rose Crossing and Hwy 2 E, creates a duplication of services with the expanded capabilities of EVFD main station #81 and North station #82. Additionally, West Valley has a station %mile north of Rose Crossing and Whitefish Stage Road. m a w r rs ya 35 i North ridge e Heights" + 6YLL�4y gc..wh' t •:•i+. b �la i Gold �lubF G ^7N�S to93- ' • j� ti At Or Kali nr54 - -iY �iIM'? �A u►+'T' =fir s Yj �P r. arIr '� If . _ f Incident Evergreen Fire - Station #81 Kalispell - Station 62A Kalispell - Station 61A Response Time To Total Time To Total Total Date CR # Code Notified Enroute Arrival Enroute Time Notified Enroute Arrival Enroute Time Notified Enroute Arrival Time Outside Hwy 2 East & Reserve 1 2/5/2007 200703950 C 15:07 15:07 15:10 0:00 0:03 15:05 15:07 15:13 0:02 0:08 0:00 MVA-Hwy 2/Reserve 2 2/8/2007 200704255 D 8:27 8:28 8:30 0:01 0:03 8:27 8:28 8:35 0:01 0:08 0:00 2605 Hwy 2 E Town Pump 3 3122/2007 200709239 D 3:37 3139 3.42 0.02 0:05 3:37 3:39 3:46 0:02 0:09 0:00 50 W Reserve Drive ,Average = 0:01 0:03 Average = 0:01 0:08 Within one mile of Hwy 2 East & Reserve 1 1/3/2007 200700270 E 11:20 11:20 11:24 0:00 0:04 11:20 11:21 11:28 0:01 0:08 0:00 310 E Reserve Drive 2 113/2007 200700334 C 20:27 20:29 20:31 0:02 0:04 20:27 20:28 20:36 0:01 0:09 0:00 528 Mountain View Drive 3 1/17/2007 200701749 D 9:51 9:53 9:54 0:02 0:03 9:51 9:53 10-02 0:02 0:11 0:00 361 Mountain View Drive 4 1/17/2007 200701782 D 15:07 15:10 15-11 0:03 0:04 15:07 15:09 15:16 0:02 0:09 0:00 2115 Hwy 2 E #8 5 1 /22/2007 200702330 C 23:14 2120 23:21 0:06 0:07 23:14 23:16 23:21 0:02 0:07 0:00 112 Ardell Drive 6 2/4/2007 200703876 C 21-37 21:39 21:41 0:02 0:04 21:37 21:38 21:44 0:01 0:07 0:00 151 E Reserve Drive 7 2/612007 200704080 D 15:16 1516 15:19 0:00 0:03 15:16 15:16 15:25 0:00 0:09 0:00 421 Maple Drive 8 2/7/2007 200704150 E 8:43 8:44 8:46 0:01 0:03 8:43 8:44 8.50 0:01 0:07 0:00 432 Margurethe Road 9 2/16/2007 200705147 C 8:13 817 8:19 0:04 0:06 8:13 813 8:21 0:00 0:08 0:00 410 Maple Drive 10 3/7/2007 200707380 C 6:43 6:51 6:52 0:08 0:09 6:43 6:46 6:53 0:03 0:10 0:00 530 Mountain View Drive 11 3/14/2007 200708276 C 10:51 10:55 10:56 0:04 0:05 10:51 10:52 11:02 0:01 0:11 0:00 2626 Hwy 2 'E Kirby 12 3/20/2007 200709006 D 434 4:39 4:42 0:05 0:08 4:34 4:36 4:45 0:02 0:11 0:00 439 Maple Drive 13 3/26/2007 200709711 D 5:41 5:48 5:50 0:07 0:09 5:41 5:42 5:51 0:01 010 0:00 437 Sharon Road 14 4/9/2007 200711459 D 14:18 14:20 14-23 0:02 0:05 14:18 14:18 14:26 0:00 0:08 0:00 1231 Rose Crossing 15 4/15/2007 200712165 C 17:58 18:01 18:03 0.-03 0:05 17,58 17:59 18:06 0:01 0:08 0:00 336 Edgewovd Drive 16 4/16/2007 200712297 D 18:42 18:45 18:47 0:03 0:05 18:43 18:43 18:51 0:00 0:08 0:00 20 Riverst©ne Drive Average = 0:03 0:05 Average = 0:01 0:08 Sample of other responses outside the one mile radius 1 417/2007 200711259 D 17:12 17:14 1710 0:02 0:08 17-12 17:13 17:22 0:01 010 0:00 Hwy 2-Walmart O 2 4/8/2007 200711348 D 13:55 14:00 14:01 0:05 0:06 13:55 1156 14:05 0:01 0:10 0:00 176 Birch Drive O 3 4/9/2007 200711473 D 16:30 16:31 16-34 0.01 0.04 16:30 16:31 16:39 0:01 0:09 0:00 101 Pine Loop O 4 4/10/2007 200711567 D 13-43 1146 13:49 0:03 0:06 16:43 16:43 16:54 0:00 0:11 0:00 1045 Conrad Drive 106 O 5 4/22/2007 200712942 C 15:43 15:45 15:48 0:02 0:05 15:43 15:45 15:55 0:02 0:12 0:00 17 Shady Lane B4 O 6 4/23/2007 200713062 D 15 54 15 54 15-57 0-00 0:03 15 54 15:55 16:00 0,01 0:06 0:00 178 Birch Drive O 7 4/26/2007 200713392 C 11:18 11:21 11:26 0:03 0:08 11:18 11:20 11:28 0:02 0:10 0:00 1150 E Oregon 0 Average = 0:02 0:05 Average = 0:01 0:09 Total Average = 0:02 0:05 Total Average = 0:01 0:09 2007 Jan -Apr Incident Response Update 5/14/2007