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Resolution 4193 - Annexation & Zone Change - Bondurant973 RESOLUTION NO. 4193 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 BONDURANT ADDITION NO. 260; TO ZONE SAID PROPERTY SINGLE FAMILY RESIDENTIAL, R-2, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Charles and Gina Bondurant, the owners 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 WHEREAS, the Flathead Regional Development office has made a report on Bondurant Addition No. 260, City Zone Report, KA-94-6, dated November 7, 1994, 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 Single Family Residential, R-2, 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 Reguested 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 "Urban Residential", with a maximum density of 8 dwelling units per net acre. The requested zone is in compliance with that designation. Does the Reauest Lessen Congestion in the Streets? The impacts due to this zone would not effect the street system since only one (1) residence per lot is permitted by this zone. Any impact due to the subdividing of the land would be analyzed at the time of processing the plat. No significant negative impact is expected. will the Reguested Zone Secure Safety from Fire, Panic and other Dangers? Development within this zone is subject to development standards including: lot coverage, maximum building E 1 974 height; and the provision of off-street parking. Further, any development of the property beyond one single family home is subject to review by the City's site Plan Review committee In addition, development requires the iBsuance of building, plumbing, mechanical and electrical permits. These requirements and review processes help ensure that development of the property subsequent to the zone change is done in a safe manner. 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 Master Plan would support the requested zone. Designation of this area as R-2 would serve the Flathead region with additional residential development. Any traffic generation that the proposed change allows would be mitigated at the time of development. In addition, this area has direct access to an existing South Woodland Drive, collector road. Any impact to stormwater runoff, sewers, and water would be addressed at the time of development proposals. 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 Adequate Light and Air? The development standards of the zoning ordinance and subdivision regulations (i.e: parking, landscaping, clear vision setback, roadway improvements) would ensure that light and air are adequately provided. No significant negative impact is expected. will the Reauested Zone Change Prevent the Overcrowding of Land? overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the nronertv. The Subdivision and zoning Regulations 975 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 Peovle? Concentration of people relates to the land use permitted by a particular zone. The proposed zone change would increase 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. This would not happen as the proposed zoning will insure that the site is properly developed. No significant negative impact is expected. Will the Requested Zone Facilitate the Adequate Provision of Trans 12ortat ion, Water, Sewer, Schools, Parks and Other Public Reguirements? The additional demands for transportation, water, and sewer will be evaluated pursuant to individual development proposals. The types of uses permitted in the zone would impact the schools and parks; however, if the property was to be subdivided, this impact would be analyzed at the time of subdivision approval. The need of public facilities for the County R-2 zone may differ from those required in the City R-2 zone, however, adequate facilities can be provided. 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-2 zone. The property is of adequate size and has adequate access to facilities for the type of uses permitted 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 of development anticipated under the requested zone because of the topography, access, regional location, and size of 0 3 976 the proposal. No significant negative impact is expected. Would the Proposed Zoning Conserve the Value of the B u 11 d Ln-q s? The subject request would not impact buildings. if legally constructed buildings exist that don't meet the requirements of the new zone those buildings would be considered non -conforming. This non -conforming status would permit those buildings to continue as before. There are no known uses that would be affected by this zone. A change to the R-2 zone will not significantly impact, erode or devalue the neighborhood beyond the type of uses that are currently allowed. No significant negative impact is expected. I will the Reauested Zone Change Encourage the Mo__st Approoriate Use of the Land Throughout the Jur sdiction? The requested zoning classification would be consistent with the Kalispell city -County Master Plan. The Plan and the existing permitted uses under the zoning ordinance generally identifies this area for residential. The change would encourage the most appropriate use of the land. No significant negative impact is expected. 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 IIBII 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 Bondurant Addition No. 260, 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 n - If% J - 9 1 —4-A 1, 4 T, Anti 977 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 said 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 Ill. The territory annexed by this Resolution shall be zoned Single Family Residential, R-2. SECTION IV. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE C Y COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS Jq-M DAY OF TnembeK F 1994. r MWES is MJ A11 Fawn,, D. Rauthe, Mayor ATTEST: Cmc- Debbie Giffbj-/dV(tMC Clerk of Council, E 5 it Amy Robertson, the undersignedp Finance Director Kalispell, certify that the foregoing is a true and Resolution No. 4193, adopted by motion by tWCity city Of Kalispell on December 19t 1994. :0v 'e .4z6= '-�Amy�Rertson Finance Director of the City Of correct copy Of Council of the I I M 979 0. r , I � WI 01 1 "1. 1 LEGAL DESCREPTION THE NORTH 100 FEET OF LOT'S 2, 3 AND 4 OF BLOCK 3 OF GR NACRES NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THIM.OF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM THE EASTERLY 36.4 FEET OF LOT 4, WHEN MEASWtED PARALLEL WITH THE EAST BOUNDARY ll-IEREOF, AND EXCEPTING THEREFROM THE WESTERLY 10 FEEr OF LOT 2, WHEN I hCEASURED PARALLEL WnH THE WEST BOUNDARY THEREOF TOGErHER WITH AN EASEMENT FOR A DRIVEWAY FOR INGRESS AND EGRESS, AND Urfl= PURPOSES, INCLUDING THE RIGHT TO INSTALI, MAINTAIN AND REPAIR AN UNDERGROUND WATER LINE OR 0111ER UNDERGROUND UnllTIES, OVER THE NORTHERLY 15 FEET OF TEE FOLLOWING PROPERTY: THE NORTHERLY 100 FEEr OF LOT 5 AND THE NORTHERLY 100 FEET OF EASTERLY 36.4 FEET OF LOT 4 OF BLOCK 3 OF GREENACRES NORTHWEST SUBDIWSION, ACCORDING TO THE MAP OF PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLAIIIEAD COUNTY, MONTANA. F I EXHIBIT "1311 13014DERANT ADDITION ANNEXATION EXTENSION OF SERVICES PLAN ADDENDUM TO CITY RESOLUTION #3838 PREPARED BY THE FRDO JUNE 27t 1994 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 #3838). This broad -based extension of services plan, together with this "mini-plann comprise the Extension of Services Plan for the bonderant annexation. Exi nN RRYMEW rftlp Mt_er A municipal water line will need to be extended to serve MIS IN 0131D 6" waterline exists in south woodland Drive. $Swer No sanitary sewer exists In the immediate area to service this property. However, the property should be of sufficient size to accommodate a septic system until such time as the sewer is available. in addition, the proposed Woodland Court SubdlvIslon proposed to be constructed on the east side of South woodland Drive would extend sewer to within approximately 400 feet of the subject property. Sto -n_QEg1nac& No storm drainage system exists In the area. _Streets. south Woodland Drive Is a two lane paved collector. garbaqe_Collgction: Available by contract from private com panies. Rolice protpction- The Flathead County Sheriff's Department. Fire p_rotection: The South Kalispell Fire Department I I I E 981 9 NEERS: wAt2r. water supply should be able to be extended to the property ft= the water lines In South Woodland Drive. if not. a water main must be extended to connect vvith a main of sufficient capacity to serve this Property. Capacity and any extensions would be evaluated at the rev] ew stage of any development permit and the responsibility of the developer. 5gMr. Sanitary sewer will need to be extended to Service this property. However, the property should be of sufficient size to accommodate a Septic system until such time as the sewer is available. in addition, the proposed Woodland Court subdivision proposed to be constructed on the east side of South Woodland Drive would extend sewer to within approximately 400 feet of the subject property. AnV disposal system would be evaluated during the review phase of any development permit storn o Ina on -site retention and/or disposal of storm water will be evaluated ra A_� during the review phase of any proposed development StreM South Woodland Drive Is a two lane paved collector of sufficient capacity to handle the additional traffic. gorbagg CofleCtIon. The City of Kalispell will not provide solid waste disposal service to the annexed territory for a period of at least 5 years, consistent with the provision of 7-2-4736, M.C.A- The city does have the capacity and equipment to handle the needs of this site at the time It becomes eligible for municipal service. polire I ',_1F1Le- rtm _ _,City of Kalispell Police Department and Fire Depa ent w 11 be aval able to serve the tract upon annexation. They will be able to provide service to this property on the substantially same basis and In the same manner in which this service is currently provided to the rest of the municipality. ft'r&& IME it TEGIES: The cost of extending such public services as police and fire protection are expected to be negligible. The general source of money to extend these types of services is from the general tax revenues received from this property and other properties inside the City limits. Individual Improvements to the property, including the paving of streets, the extension of the water line, sewer line, and any stormwater management improvements will be the responsibility of the 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 FA .. \KA94-6ES.BND 1 982 BLK 3CC 2 c .4 A A t 14 4L jo 3AD Vol MA AND. AM PLAT- 0. FL GA SA 3A 36 3 BA7 3Bi 16% 3AA 3A we I it s A ecc DA st 46 A v E 4 u E '0 8"A 00 11 11 4 E ?GAS a 3 w COR 'D x - . IF R N . sur: CT.PR L 2 Ml -L AME 4 3 10 . IL s u As sp F MIA 31 1 7 IPA Vt \ G.