Resolution 4133 - Annexation & Zoning - Taverrite743
RESOLUTION NO. 4133
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 AS A TRACT OF LAND IN THE NW` 1/4 OF THE SW 1/4 OF
SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS TAVERRITE ADDITION 9253, TO ZONE
SAID PROPERTY LOW DENSITY RESIDENTIAL APARTMENT, RA-1, TO AMEND THE
CITY ZONING MAP ACCORDINGLY AND DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Frank Taverrite, owner of the property described in Exhibit "A",
attached hereto and thereby made a part hereof, requesting that the
City of Kalispell annex the territory into the City and zone said
property Low Density Residential Apartment, RA-1, and
WHEREAS, the Flathead Regional Development Office has made a
report on the annexation/zoning of the territory dated August 30,
1993, 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 September 14, 1993 and recommended that the territory
be annexed into the City of Kalispell and be zoned RA-1, Low
Density Residential Apartment in accordance with the Kalispell
Zoning Ordinance and the Kalispell City -County Master Plan, 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 requested 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:
Does the requested zone comply with the Master Plan?
The property is designated by the Kalispell City -County
Master Plan as "Urban Resident iiial" dwelling units
per acre). The requested RA-1 zoning classification
could allow up to a maximum of 14.5 dwelling units per
acre. Generally this would not be considered in
conformance with the Master Plan map. However, the text
of the Plan, in particularly Policy 4F, speaks to the
need to coordinate development of multi -family housing.
In connection with this, there is a great need for
affordable housing in the Kalispell area.
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Is the requested zone designed to lessen congestion In
the streets gnd facilitate the adeaugte provision of
transgortation, water, sewggage, sghools, parks, and
other Public requirements?
A change from County suburban zoning to a City higher
density residential zoning will allow a greater density
of development to occur. However, the area is being
served or can be served by urban infrastructure
including: municipal street department, fire and police
departments, and sewer and water utilities. Any
development of this site will require further City
review, whether in the form of a conditional use permit,
subdivision review, or building permit and Site Plan
Committee review. Impacts from specific development will
be addressed at the time of the request. A growing need
in this area is paved access to the west, to Meridian
Road.
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 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 municipal services including police and fire
protection. Water and sewer service is available in the
area.
Will the requested zone Promote the health and general
welfare?
The requested zoning classification will promote the
health and general welfare by restricting land uses to
those 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
development on the property.
Will the requested zone provide for adeQuate light and
air?
The development standards of the RA-1 zoning
classification establish setback, height, and coverage
standards for new development. In addition, any
development more intense than a duplex will require
approval of a Conditional Use Permit. These standards
are sufficient to ensure adequate light and air
consistent with the character of the surrounding area.
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Will the requested zone prevent the overcrowdina of land
and the undue concentration of People?
Zoning (intensity and dimensional standards), Conditional
Use Permit, and site plan review will ensure that new
development is adequately served with utilities and other
public demand services.
Does the requested zone give consideration to the
particular suitability of the property for particular
uses?
Adequate infrastructure is available or can be
extended/developed to accommodate future development.
The property is generally level and appears to be a
logical extension of the City and the uses existing in
the area.
Does the reguested zone give reasonable consideration to
the character of the district?
The adjacent development patterns north and east are
multi -family in nature. To the immediate north and east
are apartment complexes. To the west is vacant. To the
south is a residence below the elevation of this
property. The site is generally level and poses no
unusual development limitations. The proposed zoning is
a 11 low density apartment" residential classification that
anticipates the adequacy and availability of a full range
of urban services. The land use characteristics of the
neighborhood already ref lect this urban scale of zoning.
The property is approximately one mile from a major
retail center for convenient shopping.
Will the proposed zone conserve the value of buildings?
The property is now vacant. The proposed zoning
classification will allow development densities similar
to development of adjacent lots. This compatibility
encourages neighborhood stability.
Will the requested zone encourage the most appropriate
use of the land throughout the municipality?
The requested RA-1 zoning classification would provide
additional multi -family housing consistent with the
policies in the Master Plan and uses in the area.
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WHEREAS, on the 3rd day of April, 1989 the City Council of the
city of Kalispell adopted, pursuant to Section 7-2-4506, 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 Taverrite Addition, 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, Taverrite Addition is included within and conforms to
the Kalispell City -County Master Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION 1. That all of the real property described in
Exhibit "All attached hereto shall be annexed to the City
of Kalispell and the boundaries of the City are altered
to so provide.
SECTION II. 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.
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SECTION III. The territory annexed by this Resolution
shall be zoned as RA-1, Low Density Residential
Apartment, and the City of Kalispell zoning map shall be
altered to so provide.
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.
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PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 4th, DAY OF October , 1993.
ATTEST:
?6y H.kobertson
Finance Director
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WFFO? Rauthe, Mayor
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ATractoflandin thcNW4.ofthr.SW4ofS=don Ik TOwwWP28 North. Range2l West.
P.m.M.. Flathead County, Montana, described as poWww
'm-;dnntna at the Sauthemat corner oirthe town of AmbJey. thence
South O(f 50" 16" Wwt 261.40 fbct; dumm
South 47* 10" 23n Weft 29-70 feet; thence
South ge 3W 416% Weft 233.SS feet; thenom
North 0 1* 29" 20' East 286.76 fbet to the south Hne of Elghth Street West; thence slong the
South line of the sUvet, cast 250.99 feet to the point of br.Stnning
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EXHIBIT B:
TAVEMRrra ADornON NO. 253
EMIRNSION OF SERVICMS PLAN
ADDMqIDTJM To MY REISOLU77oN *3g38
PREPAR ED BY 77M FRIDO
30 AUGUST, 1993
-mc xubjea property is within dm Savice Arcs Boundary at the city of xaHspcjj as
described by the Extendon of Serviocs Plan adopted by the My of Ka1zpcU on Apig X
19S9 <Rcsolution OM). 7hfa broad -band cxkndon *f wivim pka, together with this
-Mini-plan* comprise the Extendon of Services Plan for the Tava-rite. Mght Suva Wea
and Wane= Avenue, annexation.
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A 6-inch munhipal vndcr line lks, in Mghth Su=t West. Depending on the
intendty or development It may not have the capacity to wrvice. the project on
property.
Sanitary wwcr =data in Forzythc, but Is too ckm to the mnfa= to sm-viee the
propaty without a Ift station.
St,OKMj2Mfnagr, PabUzdra� facMics run north -south nes the east side ofWallam
A,venm TIxis faciro outlets into Aahky Creek south of the property.
Strc!clm F-1ShthStrcctWc2dWs11s Avenue, and Ronwthe Av=uc are unhnproved rights -
of -way. Paving to cdadng pevcm=t would 6e necemmotO C4=ply withthe C2Ws clam
air ordinanm
j-Ud;2gg Ogbycdon: Available by contract from private compank&
pOKq2 The Flathead County Sherifra Department.
Eire Em West Valley Volunteer Trwe DepartmenL
Mb&tW Depending on the type of &-velopment, water supply may be able to be =tended
to ake pr*perty from the 6-inch water line in fthth Street West 1fnot. a water ma; must
be extended to connect with a main *f=Mc1eot capacity to serve this pmperty. Capadty
and my c*Ltejujons would be evaluated at the rcvicw stzge of any developm=t p=m2it.
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into a Uft station located on the project site. TbIB lift station would connect with the Crtty's
gv_wer n2ain& This dispostal Mtem would be evaluated during the review phase of any
dcvc1oPmWmt Permit. I
S.&Qrm D-Miusm A storm drain exists near the e"t side of Wallace AvenuL On -site
retention and dispowl of storm water will be evahated during the review pham of any
proposed davelopmaent-
a- Access to the site from the n�rth Is via ForMthe Avenue and WaM. Anu.,
irrom die cast is Eighth SUvet West It wM be necessary to extend prving on duse st=ds
to existing improvements. Wallace Avenue and Eighth StreetWest improvements abutting
this site win be required to be improved to City standards Including curb. gutter. and
sidewalk. in witiltion, street trce planting Is necessary
aa&oac callegadon: The City of Kalispell will not provide stolid waste dispoml wrvice to
the annexed territory for a period of at least S yeaM consistent with the providon of 7-2,
4736, m.C-A. 7tc, City does have the capadty and equipment to handle the needsof this
site at tbe time it becomes eligible for municipal wxvio-..
pMjL,M0= Cityof Y,&16pell Polloe Department mad Vim Departmmt wM be avallable to
the tract upon annexation. They Will be able to provide "serviceP to this propwL7 on
tb,, substiLntially same basis and In the sazm manner In which this siervice In currently
provided to the rest of the rounicipality-
E2MMHBLQM AND ONANCH I=
-11= cost of extending such public services as police and fire protection am cxpectcd to be
negligible until such dwe as the property Is developed. The semend source of Moncy to
extend these type of swAces. is from the general Wx revenues received from this property
and other propexties Inside the City Ihnit& Indivkh2al improvements to the property,
including ft paving of Eighth Stmet West. Wallace Avenue., and Forsythe Avenue, the
improve:ment to the w=ts abutting the site, the extension of the water line, the lift station
and =wcr line,, and stormwatcr=anagcmc=t bnprovcm=ts will be the rwponmibility ortbe
landowner. Any area -wide ts relative to a comprehenabc storm drafn%p
system will be financed in part by the residents of the entire municipality and in part by
spedal assessments for that purpose.
The undeveloped portion of Forsythe Avenue. Wallace Avenue, and Eighth Street
west shall be developed to CityofYaUspeJl standards. Forsythe Avenue an Wallace
Avenue will be developed from Eighth Street weat to Seventh Strcet. West. Eighth
Strcet West shall be developod froin Forwythe Avenue cast to cxlmdmg pavcment-
2. - Eighth Street Wwt and Wallam Avenue abutting this davdopmWnt will be 0
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With curb. gutter. and akk-Walks and a boukvgrd 5haU be Provided for
street tm planting per city policy
3. If the cxIsting 6-Inch water main in Eighth Stmet west does not have the capeaty
I to wxvkc the projccc a new main sW be conaructed.
4. A lift station and sanItary wwcr main wM be connectrd to the ClWx vnnfnn
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