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I3. Fairway Boulevard Deed of DedicationCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Doug Russell, City Manager Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7758 charball@kalispell.com A Motion to Accept the Deed of Dedication for Fairway Boulevard April 15, 2019 — Regular Council Meeting BACKGROUND: In 1995, the Kalispell City Council, by Resolution No. 4221, accepted and approved the annexation request of the balance of the subdivision known as Fairway Boulevard which had been platted and constructed under the regulatory authority of Flathead County. A single looped street known and identified as Fairway Boulevard serves this townhouse subdivision. Flathead County did not own or maintain the street at the time of the annexation, as it did not meet the County standards due to its 28-foot total right-of-way width and therefore remained in private ownership in common by the homeowners under the legal entity of the Fairway Boulevard Townhouses Homeowners Association Inc. When the City of Kalispell annexed the subdivision, it amended its extension of services policy with a "mini -extension of services plan" in which the City acknowledged that it had the capacity to provide the necessary municipal services, including transportation services, to the subdivision. In this regard, the homeowners association was to dedicate the street to the City, which up to this time, as an oversight, has not been done. The City has continually maintained Fairway Boulevard since the time of the annexation. Resolution No. 4221 and supporting material are attached to this memorandum for informational purposes. RECOMMENDATION: City Council should consider and pass a motion to accept the Deed of Dedication for Fairway Boulevard. ALTERNATIVES: Council may seek further clarification and information from staff. Return to: cpd Johnson, Berg & Saxby, PLLP PO Box 3038 Kalispell, Montana 59901 DEED OF DEDICATION The FAIRWAY BOULEVARD TOWNHOUSES HOMEOWNERS ASSOCIATION, INC. ("Association"), also known as FAIRWAY BOULEVARD HOMEOWNERS ASSOCIATION, a Montana nonprofit corporation, hereinafter Grantor, in consideration of One Dollar and other valuable consideration ($1.00), the receipt and sufficiency of which is hereby acknowledged, hereby conveys, remises, releases and forever quitclaims, and dedicates, without covenants or warranty whatsoever, unto the CITY OF KALISPELL, a municipal corporation, hereinafter Grantee, the following described premises in Flathead County, Montana, to wit: See Exhibit A attached hereto and thereby made a part hereof. TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging, and all the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and also all the estate, right, title interest, property, possession, claim and demand whatsoever, as well in law as in equity, of the said Grantors, of in or to the said premises and every part and parcel thereof. This conveyance is authorized by 2/3 of the members of the Association as required by the Association's Declaration of Covenants, Conditions and Restrictions, as fully set forth in that certain Consent to Dedication dated February 11, 2019 and recorded as Document No. 201900002893. TO HAVE AND TO HOLD, all and singular the said premises, with the appurtenances, unto the said Grantee, their successors and assigns. DATED this I L—day of March, 2019. STATE OF MONTANA ) ) ss. County of Flathead ) FAIR 0 BOULEVARD TOWNHOUSES 4ERS ASSOCIATION, INC. Leland Walbruch, President Attest: o� Jane nn Gronley, Secrets This instrument was acknowledged before me on the 1, ;�ay of March, 2019, by LELAND WALBRUCH, as the President of Fairway Boulevard Townhouses Homeowners Association, Inc. HAILEY MAGSTADT a��vr\lam NOTARY PUBLIC for the EXHIBIT A A strip of land being 28 feet wide, lying in the South 1/2 of the Northeast 1/4 of Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, the centerline of which is described as follows: Commencing at the East 1/4 Corner of Section 6, Township 28 North, Range 21 West; Thence South 89° 11' l2" West 30.00 feet to the Westerly right of way of Whitefish Stage; Thence along said Westerly right of way, North 00'05' 12" East 341.64 feet and North 00004040" East 191.03 feet to the POINT OF BEGINNING of the centerline of the 28 foot wide strip herein described: Thence South 88100'00" West 440.00 feet to the beginning of a 500.00 foot radius curve to the right; Thence Northwesterly along the curve through a central angle of 20°00'00" along an arc length of 174.53 feet; Thence North 72°00'00" West 105.00 feet to the beginning of a 365.00 foot radius curve to the right; Thence Northwesterly along the curve through a central angle of 29'15'00" along an arc length of 186.33 feet; Thence North 42°45'00" West 517.00 feet to the beginning of a 103.00 foot radius curve to the left; Thence Northwesterly and Southwesterly along the curve through a central angle of 167°00'00" along an arc length of 300.21 feet; Thence South 29045'00" East 380.00 feet to the beginning of a 115.00 foot radius curve to the left; Thence Southeasterly along the curve through a central angle of 47100'00" along an arc length of 94.34 feet; Thence South 76°45'00" East 113.00 feet to the beginning of an 87.00 foot radius curve to the left; Thence Northeasterly along the curve through a central angle of 61 °00'00" along an arc length of 92.62 feet; Thence North 42'15100" East 131.98 feet to the end of the centerline herein described. RESOLUTION NO. 4221 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, A TRACT OF LAND DESCRIBED IN EXHIBIT "A", TO BE KNOWN AS FAIRWAY BOULEVARD ADDITION NO. 267; TO ZONE SAID PROPERTY URBAN SINGLE FAMILY RESIDENTIAL, R-3, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has requested annexation of property known as Fairway Boulevard Townhouses Phases VI, VII and VIII, more particularly described in Exhibit "A" attached hereto and thereby made a part hereof, to the City of Kalispell, and WHEREAS, the Flathead Regional Development Office has made a report on Fairway Boulevard Addition No. 267, City Zone Request, #KA-95-7, dated May 31, 1995, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell and be zoned Urban Single Family Residential, R-3, and WHEREAS, based upon the report of the Flathead Regional Development Office and the recommendation of the Kalispell City - County Planning Board and Zoning Commission, the City Council of the City of Kalispell finds that the recommended zoning classification for the territory is appropriate based upon the following criterion: Does the Requested Zone ComDIY_with the Master Plan? The subject property is within the jurisdiction of the Kalispell City -County Master Plan. According to the map of the master plan, the property is currently designated as "High Density Residential". R-3 is considered in general compliance with the Master Plan. The maximum density of the R-3 zone is less than anticipated by the "High Density" classification. Does the Requested Zone Lessen Congestion in the Streets? Congestion in the streets is caused by an overburden of traffic on the street system. The zone in this case would not cause undue congestion because traffic generation is a function of the number of dwelling units that are allowed within a given area. The property has been subdivided and partially developed in a manner that is equivalent to the existing County R-4 zone with a Conditional Use Permit to allow clustering. It should be noted that Whitefish Stage Road is due to be upgraded. There is no schedule for this upgrade and funding has not been accomplished. It would, however, be expected to 1 occur within the next 3-10 years. This upgrade would probably require the road right-of-way to be increased from 60 feet to 80 feet. Development on this property would not be significantly impacted by the increased right-of-way width of this road. Will the Requested Zone Secure Safety from Fire, Panic and Other Dangers? Development within this zone is subject to development standards including: lot coverage, maximum building height, and the provision of off-street parking. Any additional future development of the property is subject to review by the City, and requires the issuance of building, plumbing, and mechanical permits. These requirements and review processes help ensure that development of the property subsequent to the zone change is done in a safe manner. In addition, a Conditional Use Permit was granted by the County and is acceptable to the City. This Conditional Use Permit and the subdivision approval specifically approved townhouse lots for this project. No change to those approvals is expected. No significant negative impact is expected. Will the Requested Change Promote the Health and General Welfare? The general purpose of the City's zoning ordinance is to promote the general health and welfare and does so by implementing the City -County Master Plan. The City - County Master Plan would support the requested zone change. Designation of this area as R-3 would have little or no impact. Any traffic generation that the proposed change allows was mitigated at the time of Conditional Use Permit approval and subdivision approval. The zoning ordinance provides a mechanism for public input and review for all zone change requests. This process offers an opportunity to ensure that any changes to the Official Zoning Map are done in the general public interest. Additionally, other review mechanisms are in place to ensure that development is in compliance with all applicable safety codes. No significant negative impact is expected. Will the Requested Zone Provide for Adeguate Light and Air? The development standards of the zoning ordinance and subdivision regulations (i.e.: Conditional Use Permit, `A parking, landscaping, clear vision setback, roadway improvements, etc.) would ensure that light and air are adequately provided. Will the Requested Zone Change Prevent the Overcrowding of Land? Overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the property. The Subdivision, Zoning and Building regulations control the intensity requirements that a property can be developed with. Adequate infrastructure is in place or can be provided at the time of development to accommodate the land uses allowed in the requested zone. No significant negative impact is expected. Will the Requested Zone Avoid Undue Concentration of People? Concentration of people relates to the land use permitted by a particular zone. The proposed change would have no impact on residential density in the area. Infrastructure exists or can be provided which supports the proposed change. The zoning ordinance covers the intensity of use that would be permitted in this zone. An undue concentration of people would result if the property is developed at a level which exceeds the environmental or service carrying capacity of the land which would not happen. The proposed zoning and approved development would ensure that the site is properly developed. No significant impact is expected. Will the Requested Zone Facilitate the Adequate Provision of Transportation, Water, Sewer, Schools, Parks and Other Public Requirements? No additional demands for transportation, water, and sewer would be expected because of existing approved development; existing infrastructure exists in the vicinity (North Valley Sewer and Evergreen Water Districts) which would be able to serve development of this property. Schools and parks should not be any more impacted under the existing County approvals than would be under the City. No significant negative impact is expected. Does the Requested Zone Give Consideration to the Particular Suitability of the Property for Particular Uses? The subject property is well suited for uses permitted within the R-3 zone because of availability of services 3 and access to a major thoroughfare. The property is of adequate size for the type of uses permitted and conditionally allowed in the proposed zone. No significant negative impact is expected. Does the Requested Zoning Give Reasonable Consideration to the Character of this District? The property in question is well suited for the type development anticipated under the requested zone because of the topography, access, regional location, access to schools, access to urban services, and size of the proposal. In addition the Master Plan for the area anticipates this type of zone in this area. No significant negative impact is expected. Would the Proposed Zoning Conserve the Value of the Buildings? The subject request would not significantly impact buildings. There are no known uses that would be affected by this zone. A change from County R-4 to the City R-3 zone will not significantly impact, erode, or devalue the neighborhood beyond the type of uses that are currently allowed or that exist in the area. No significant negative impact is expected. Will the Requested Zone Change Encourage the Most Appropriate Use of the Land Throughout the Jurisdiction? Appropriateness of a zone is determined by the Kalispell City -County Master Plan. The Plan, the existing zoning classification, and the Conditional Use Permit identify this area for the types of uses permitted within the requested zone. Therefore, the change would encourage the most appropriate use of the land. No significant negative impact is expected. The proposed City zone merely continues the property's land use approvals from the County. WHEREAS, on the 3rd day of April, 1989 the City Council of the City of Kalispell adopted, pursuant to Section 7-2-4610, Montana Code Annotated, an Extension of Services Plan which anticipates development of City services for approximately five years in the future, and WHEREAS, the City has caused to be developed a "mini -extension of services plan", attached hereto as Exhibit "B" and thereby made a part hereof, for the territory by this Resolution annexed to the City of Kalispell, and WHEREAS, said "mini -extension of services plan" provides for the extension of municipal services or maintenance of existing services within the area of Fairway Boulevard Addition No. 267, subject to annexation, including water, sewer, storm drainage, streets, garbage collection, police protection and fire protection, and WHEREAS, said "mini -extension of services plan" provides for financing the extension of municipal services or maintenance of existing services by utilizing funds allocated and expended, pursuant to the annual City budget without incurring additional bonded indebtedness, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as is more particularly described in Exhibit "A", attached hereto and thereby made a part hereof, shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION II. Upon the effective date of this Resolution, the City Clerk of Council 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 of Council, 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 Urban Single Family Residential, R-3. SECTION IV. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS DAY OF , 1995. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council EXHIBIT "A" A tract of land in a portion of the NE1/4 of Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. EXHIBIT "B" FAIRWAY BOULEVARD ADDITION NO. 267 ANNEXATION EXTENSION OF SERVICES PLAN ADDENDUM TO CiTY RESOLUTION 13838 PREPARED BY THE FLATHEAD REGIONAL DEVELOPMENT OFFICE MAY 31, 1995 The subject property Is within the Service Area Boundary of the City of Kalispell as described by the Extension of Services Plan adopted by the City of Kalispell on April 3, 1989 (Resolution 13838). This broad -based extension of services plan together with this "mini -plan' comprise the Extension of Services Plan for the Fairway Boulevard Addition No. 267 annexation. EXISTING SERVICES: Water: Evergreen Water District has a 12 inch water line In Whitefish Stage. This main should have sufficient capacity to serve this site when the connection is made. Sewer: Sanitary sewer and lift station exist toward the west end of the property. This line and station have sufficient capacity to service this property. Storm Drainage: No area storm drainage system appears to be associated with this subdivision. Streets: Whitefish Stage Is a County maintained 60 foot arterial. it Is a two lane travel surface with no pedestrian access. The travel surface is worn and the street gets congested. The upgrade of Whitefish Stage to an 80 foot right-of-way and arterial design is a priority but no funding or time frame has been established. A pedestrian trail from Reserve Drive to Fairway Boulevard Townhouses along Whitefish Stage Road serving this site is scheduled for the fall of 1995. Fairway Boulevard is a two lane paved road with rolled curbs to a width of 28 feet. Garbage Collection: Available by contract from private companies. Police Protection: Currently the Flathead County Sheriffs Department. Fire Protection: Evergreen Volunteer Fire Department. ANTICIPATED SERVICE NEEDS: Water: Water supply exists to the property from the Evergreen Water District water line in Whitefish Stage Road. J. Sewer: Sewer would flow into the existing main and would feed Into the City's sewerage disposal plant. The main has sufficient capacity at this time to service this site. Storm Drainage: Retention and/or disposal of storm water is collected in the common area and percolates into the ground. Streets: Whitefish Stage Road and Fairway Boulevard are two lane paved roads with sufficient capacity to serve this site. It should be noted that Whitefish Stage Road has been upgraded to major arterial status. This upgrade will require additional right-of-way to a total of 80 feet. Development of the property should not be significantly impacted by any additional right-of-way needs of this upgrade. Garbage Collection: The City has the capacity and equipment to handle the needs of this site at the time it becomes eligible for municipal service. Police/Fire: City of Kalispell Police Department and Fire Department will be available to serve the tract upon annexation. They will be able to provide "service" to this property on substantially the same basis and in the same manner In which this service is currently provided to the rest of the municipality. EXTENSION AND FINANCE STRATEGIES: The cost of extending such public services as police and fire protection, street maintenance, and administration of the Conditional Use Permit are expected to be negligible. The general source of money to extend these type of services is from the general tax revenues received from this property and other properties inside the City limits. Any individual improvements to the property, including the extension of the water line, sewer line, and stormwater management improvements, will be the responsibility of the developer/landowner. Any area - wide improvements relative to a comprehensive storm drainage system will be financed in part by the residents of the entire municipality and in part by special assessments for that purpose. M... 1KA95-7ES. FVIIY `► d 1 "_ "0' $A Wesco(r• -c • T 3 1 T 3 IOI 0>� • j ,w • 1 ea! taI Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 June 19, 1995 Phone: (406) 758-5780 Bruce Williams, City Manager Fax: (406) 758-5781 City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Recommendation of Zoning for Fairway Boulevard Addition No. 267 Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met on June 13, 1995, and held a public hearing on the following agenda item: A request by the City of Kalispell for annexation to the City of Kalispell with an initial zoning classification of R-3 (Urban Single Family Residential). The property is known as Fairway Boulevard Townhouses and will annex that portion of the subdivision not already annexed, known as Phases VI, VII and VIII; including all common areas, developed and undeveloped land contained therein not previously annexed. Phase VIII being that area contained inside the circle created by Fairway Blvd. The properties are located approximately 1/2 mile south of West Evergreen Drive on the west side of Whitefish Stage Road and have direct access from Whitefish Stage Road via Fairway Boulevard. The property is located in a portion of the NE4 of Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. John Parsons reviewed the statutory criteria for a zone change and recommended the zone classification of R-3 upon annexation of the property be granted. No one spoke either in favor or in opposition to the requested zone upon annexation. The Board acting as the Zoning Commission, voted unanimously to adopt the findings of fact in report #KA-95-7, and recommend that the requested R-3 zone be granted upon annexation of the subject property. This recommendation for zoning is forwarded to the City Council for final action. Council needs to wait for the minutes of the Planning Board meeting prior to taking final action on this matter. However, this does not preclude discussion at Council workshop. Please contact the Commission or the FRDO if you have any questions. Respectfully submitted, KAL SPELL CITY -COUNTY PPLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JPP/eo Attachments: FRDO Report #KA-95-7 & Packet Minutes of 6/13/95 meeting forwarded separately c: Mayor Doug Rauthe F:\...\TRANS MIT\KALISPEL\KA-95-7.267 Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish FAIRWAY BOULEVARD ADDITION NO.267 - CITY ZONE REQUEST R-4 (COUNTY) TO R-3 (CITY) FRDO CITY ZONE REPORT #KA-95-7 MAY 31, 1995 The City of Kalispell is proceeding with annexation of Phases VI through VIII of Fairway Boulevard Townhouses into the city limits of Kalispell. Fairway Boulevard Townhouses, Phases I through V were annexed In December 1994. This is a report to the Kalispell City -County Zoning Commission and Kalispell City Council. This report evaluates the assignment of a City zoning classification as it relates to annexation in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. PROPOSED ZONING CLASSIFICATION The City is requesting a zoning classification of R-3 (Urban Single Family Residential). Presently, the property is zoned County R-4, under the Flathead County Zoning Regulations. The Kalispell Zoning Ordinance defines the intent of the R-3 Classification as follows: A residential district to provide lot areas for urban development. This development must be served by all public utilities. BACKGROUND INFORMATION PETITIONER: City of Kalispell 312-1st Avenue East Kalispell, MT 59901 SIZE AND LOCATION: The property Is approximately 10 acres located on the northeast side of Kalispell, on the west side of Whitefish Stage Road approximately 2,000 feet south of West Evergreen Drive. This site is located in the NE 1/4, of Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The property is described as Phases VI, VIi, and VIII of Fairway Boulevard Townhouses. LAND USE AND ZONING: The property is currently being developed with townhouses and zoned County R-4. West and North of the proposal is zoned City R-3 and P-1 and is developed with Fairway Boulevard Townhouses and a golf course. To the east is developed with residences and is zoned County R-2, to the south is County R-1 and a residence. Whitefish Stage Road is currently improved as a two lane Major Arterial which supplies primary access to the site. BACKGROUND: In 1979 Fairway Boulevard Estates development plan was approved by the County Commissioners. in 1980 Fairway Boulevard Townhouse Phase 1 final plat and Covenants were approved by the County and included a waiver of protest to annexation. In 1982, the North Village Sewer District waived the right to protest annexation, however it included the stipulation that 80% of the area to be annexed had to have an approved development plan on it prior to annexation. In 1994, Phases i-V were annexed. AVAILABILITY OF PUBLIC SERVICES: Water and sewer services are available In the area. A separately prepared "Extension of Services Plan" discusses the provision of public services to this property. EVALUATION BASED ON STATUTORY CRITERIA The statutory procedure for evaluating zone changes is set forth by 76-2-303, M.C.A. Findings of Fact for the zone change request are discussed relative to the criteria described by 76-2.304, M.C.A. Does The Requested Zone Comply With The Master Plan? The subject property is within the Jurisdiction of the Kalispell City -County Master Plan. According to the map of the master plan, the property is currently designated as "High Density Residential". R-3 is considered in general compliance with the Master Plan. The maximum density of the R-3 zone is less than anticipated by the "High Density" classification. Does The Reauested Zone Lessen Congestion in the Streets? Congestion in the streets is caused by an overburden of traffic on the street system. The zone in this case would not cause undue congestion because traffic generation is a function of the number of dwelling units that are allowed within a given area. The property has been subdivided and partially developed in a manner that is equivalent to the existing County R-4 zone with a Conditional Use Permit to allow clustering. It should be noted that Whitefish Stage Road is due to be upgraded. There is no schedule for this upgrade and funding has not been accomplished. Itwould, however, be expected to occurwithin the next 3-10years. This upgrade would probably require the road right-of-way to be increased from 60 feet to 80 feet. Development on this property would not be significantly Impacted by the increased right-of-way width of this road. Will The Requested Zone Secure Safety From Fire. Panic And Other Dangers? Development within this zone is subject to development standards including: lot coverage, maximum building height, and the provision of off-street parking. Any 2 additional future development of the property is subject to review by the City, and requires the issuance of building, plumbing, and mechanical permits. These requirements and review processes help ensure that development of the property subsequent to the zone change is done in a safe manner. In addition, a Conditional Use Permit was granted by the County and is acceptable to the City. This Conditional Use Permit and the subdivision approval specifically approved townhouse lots for this project. No change to those approvals is expected. No significant negative impact is expected. Will The Requested Change Promote The Health And General Welfare? The general purpose of the City's zoning ordinance is to promote the general health and welfare and does so by implementing the City -County Master Plan. The City -County Master Plan would support the requested zone change. Designation of this area as R-3 would have little or no impact. Any traffic generation that the proposed change allows was mitigated at the time of Conditional Use Permit approval and subdivision approval. The zoning ordinance provides a mechanism for public input and review for all zone change requests. This process offers an opportunity to ensure that any changes to the Official Zoning Map are done in the general public interest. Additionally, other review mechanisms are in place to ensure that development is in compliance with all applicable safety codes. No significant negative impact is expected. Will The Reauested Zone Provide For Adeauate Light And Air? The development standards of the zoning ordinance and subdivision regulations G.e.: Conditional Use Permit, parking, landscaping, clear vision setback, roadway improvements, etc.) would ensure that light and air are adequately provided. Will The Requested Zone Change Prevent The Overcrowding of Land? Overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the property. The Subdivision, Zoning and Building regulations control the intensity requirements that a property can be developed with. Adequate infrastructure is in place or can be provided at the time of development to accommodate the land uses allowed in the requested zone. No significant negative impact is expected. Will The Requested Zone Avoid Undue Concentration Of Peoale? Concentration of people relates to the land use permitted by a particular zone. The proposed change would have no impact on residential density in the area. Infrastructure exists or can be provided which supports the proposed change. The zoning ordinance covers the intensity of use that would be permitted In this zone. An undue concentration of people would result if the property is developed at a level which exceeds the environmental or service carrying capacity of the land 3 which would not happen. The proposed zoning and approved development would ensure that the site is properly developed. No significant negative impact is expected. Will The Requested Zone Facilitate The Adequate Provision Of Transportation Water, Sewer. Schools, Parks And Other Public Requirements? No additional demands for transportation, water, and sewer would be expected because of existing approved development; existing infrastructure exists in the vicinity (North Valley Sewer and Evergreen Water Districts) which would be able to serve development of this property. Schools and parks should not be any more impacted under the existing County approvals than would be under the City. No significant negative impact is expected. Does The Requested Zone Give Consideration To The Particular Suitability Of The Property For Particular Uses? The subject property is well suited for uses permitted within the R-3 zone because of availability of services and access to a major thoroughfare. The property is of adequate size for the type of uses permitted and conditionally allowed in the proposed zone. No significant negative impact is expected. Does The Requested Zoning Give Reasonable Consideration To The Character Of This District? The property in question is well suited for the type development anticipated under the requested zone because of the topography, access, regional location, access to schools, access to urban services, and size of the proposal. In addition the Master Plan for the area anticipates this type of zone in this area. No significant negative impact is expected. Would The Proposed Zoning Conserve The Value Of The Buildings? The subject request would not significantly impact buildings. There are no known uses that would be affected by this zone. A change from County R-4 to the City R-3 zone will not significantly impact, erode, or devalue the neighborhood beyond the type of uses that are currently allowed or that exist in the area. No significant negative impact is expected. Will The Requested Zone Change Encourage The Most Appropriate Use Of The Land Throughout The Jurisdiction? Appropriateness of a zone is determined by the Kalispell City -County Master Plan. The Plan, the existing zoning classification, and the Conditional Use Permit identify this area for the types of uses permitted within the requested zone. Therefore, the change would encourage the most appropriate use of the land. No significant negative Impact Is expected. The proposed City zone merely continues the property's land use approvals from the County. 4 SUMMARY The property has an approved development plan on it. The site is In conformance with the Master Plan. Municipal services exist to serve the development. The County R-4 zone and the City R-3 zone are the closest compatible zones considering the type of development that has occurred on the property. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt this FRDO staff report as findings of fact and forward a favorable recommendation to City Council for the requested zone upon annexation. FA ... 1KA95-7ES.FWY A Building Department .,Tian LWood Zoning Administrator TO: FROM: DATE: RE: The City of Kalispell Incorporated 1892 MEMORANDUM John Parsons, FRDO Brian J. Wood, Zoning Administrator May 15, 1995 Telephone (406) 758-7730 248 3rd Avenue East PO Box 1997 Zip 59903 Fax (406) 758-7739 City -Initiated Annexation of Fairway Boulevard Townhouses - Contiguous Lands Method As you are aware, the city annexed Phases I-V of the Fairway Boulevard Townhouse development late last year with a zoning designation of R-3. It is the city's intent to now initiate annexation of the remainder of the development, including all common areas, and assign a similar R-3 zoning. Attached hereto you will find a list of all property owners within the Fairway Boulevard development and those within 150' of the subdivision. Mailing labels are included at no cost. Please schedule a public hearing before the Kalispell City -County Planning Board and Zoning Commission at their June meeting. If you have any questions feel free to call.