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Resolution 4073 - Annexation - Richardson453 RESOLUTION NO. 4073 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, A "PARK" OF TRACT OF LAND DESCRIBED AS LOTS 1, 2 AND 3 AND THE BLOCK 11, HIGH SCHOOL ADDITION, TO HAMMERS SUBDIVISION OF LOT 2, BE KNOWN AS RICHARDSON ADDITION #247, TO ZONE SAID PROPERTY R-4, TWO FAMILY RESIDENTIAL, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Robert A. Richardson, owner of the property described above, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development office has made a report on the annexation/ zoning of the territory dated July 7, 1992, and WHEREAS, the Kalispell City -County Planning Board and Zoning commission held a public hearing on the annexation and zoning of the property, pursuant to Section 27.34.080, Kalispell Zoning ordinance on July 14, 1992 and recommended that the territory be annexed into the City of Kalispell and be zoned R-4, Two Family Residential in accordance with the Kalispell Zoning ordinance and the Kalispell City -County Master Plan, and WHEREAS, the City Council of the City of Kalispell held a public hearing pursuant to Section 27-34.080, Kalispell Zoning ordinance on September 8, 1992 to consider the report made by the Flathead Regional Development Office and the recommendation of the Kalispell City -County Planning Board and Zoning Commission, and WHEREAS, the City Council reviewed the R-4, Two Family Residential zoning classification and determined that classification would be compatible for the intended use upon the property, 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 in accordance with the Kalispell City -County Master Plan and the Kalispell Zoning ordinance based upon the following criterion: E 454 Does the reguested zone -comply with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Urban Residential". The requested R-4 -zoning classification is in conformance with that designation. Is the reguested zone designed -to lessen congestion in the streets? A change from county zoning to city zoning is not likely to affect vehicular traffic. The lots are small, having less than 45 foot front lot lines. Houses are already on two of the lots. The zone change isn't likely to increase the development potential of the property due to the small size of the I ' ots and the small size of the remaining undeveloped lot. Will the requested zone secure safety from fire, panic, and other dangers? The property does not appear to be subject to any particular natural hazards. Any additional development of the property will require compliance with all city safety codes including uniform codes relating to fire and building safety. Upon annexation, the property will be served with all municipal services including police and fire protection. Water and sewer service is available to the area. Wil 1 the requested zone promote the health and general welfare?. The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible to the adjoining properties. Other city codes that are intended to serve the "general welfare" would also be applicable to any additional development on the property. Will the requested zone provide for adequate light and air? The property development standards of an R-4 zoning classification establish setback, height, and coverage standards for new development. These standards are sufficient to ensure adequate light and air consistent with the character of the surrounding area. E 455 I Will the rectuested zone prevent the overcrowding of land? Zoning (bulk and dimensional standards) and site plan review authority will ensure that new development is adequately served with utilities and other public demand services. The land coverage allowance is identical to that of the adjoining properties. Will the requested zone avoid undue concentration of Reople? The eXiBting use of the 3 lots is not likely to change with the application of a city zoning classification. other development limitations of the property, including the small size of the lots, will probably constrain the development potential of the property. Population density is not likely to increase. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, Rarks, and other Public requirements? The zone change is not likely to increase demands for these services since 2 of the 3 lots are already developed. Most public services have been extended to those lots. Any future development of the "park" will be reviewed for adequacy of these services in conjunction with the city site plan review authority. Does the requested zone give consideration to the particular suitability of the property for particular uses? The use and density characteristics of the property more closely reflect the description of an R-4 classification as opposed to the R-1 classification. Does the requested zone give reasonable consideration to the character of the district? The proposed zoning is an "urban" residential classification that anticipates moderate to high residential densities due to the adequacy and availability of a full range of urban services. The land use characteristics of the property already reflect this urban scale of zoning. 456 Will the pronosed zone conserve thg value of buildings? The city classification more closely corresponds to the existing lot size and uses of the property as compared to the county classification. This is a "movement" towards zoning conformity and therefore should benefit the economic value of the property. Adjoining properties should also benefit since the proposed zoning will allow the same uses and density that is common to the surrounding area. Will the reguested zone encourage the most appropriate use of the land throughout the municipality? The requested R-4 zoning classification will promote land uses consistent with the anticipation of the Master Plan and with the surrounding uses. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all of the real property described as Lots 1, 2, and 3 and the "Park" of Hammers Subdivision of Lot 2, Block 11, High School Addition shall be annexed to the City of Kalispell and the boundaries of the City are altered to so provide. SECTION 11. Upon the effective date of this Resolution, the City Clerk of Council's office 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 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 as R-4, Two Family Residential, and the City of Kalispell zoning map shall be altered to so provide. F I 457 SECTION IV. This Resolution shall be effective thirty (30) days from and after its final passage by the City Council and approval by the Mayor. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF KALISPELL THIS 8th DAY OF September -f 1992. DouglaV D. Rauthe, Mayor ATTEST: kt-= Imy Robertson Finance Director I M 5