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 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
"Urban Residential", with a maximum density of 8 dwelling
units per net acre. The requested zone is in compliance
with that designation.
Does the Request 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
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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 CommitteeIn addition, development
requires the issuance 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 Re uested Zone Change Prevent the Overcrowding
of Land?
overcrowding of land occurs when development out --paces or
exceeds the environmental or service limitations of the
nronerty. The Subdivision and zoning Regulations ■
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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 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 12ortation Water Sewer Schools Parks and Other
Public Requirements?
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
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the proposal. No significant negative impact is
expected.
Would the Proposed Zoning Conserve the Value of the
Buildings?
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.
Will the Requested Zone Change Encourage the Most
Approoriate Use of the Land Throughout the Jurisdic ion?
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 "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 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
nrn J - 2.,..1„ 4-A 1,4 T, ant
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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 III. 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 CTnembeK
COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS J� DAY OF, 1994.
A11 Fawn , ��_� r
• •D. Rauthe, Mayor
ATTEST:
Cmc-
Debbie Giff d MC
Clerk of Council
E 5
it Amy Robertson, the undersigned, Finance Director
Kalispell, certify that the foregoing is a true and
ResoluofioK$lfB���9�� Decemberted bl4�,otion 19g4.by the ,City
city
:0v 'e
.4z6=
ply R ertson
Finance Director
of the City of
correct copy of
Council of the
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979
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LEGAL DESCRIPTION
THE NORTH 100 FEET OF LOTS 2, 3 AND 4 OF BLOCK 3 OF NACRES
NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT ' HIM.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
MEASURED PARALLEL WITH THE EAST BOUNDARY Tl-IEREOF, AND
EXCEPTING THEREFROM THE WESTERLY 10 FEET OF LOT 2, WHEN
MEASURED PARALLEL •LE • WTTH THE WEST BOUNDARY THEREOF
TOGETHER WITH AN EASEMENT FOR A DRIVEWAY FOR INGRESS AND
EGRESS, AND U rfl= PURPOSES, INCLUDING THE RIGHT TO INSTALL,
MAINTAIN AND REPAIR AN UNDERGROUND WATER LINE OR OTHER
UNDERGROUND UTIIlTIES, OVER THE NORTHERLY 15 FEET OF THE
FOLLOWING PROPERTY:
THE NORTHERLY 100 FEET" OF LOT 5 AND THE NORTHERLY 100 FEET OF
EASTERLY 36.4 FEET OF LOT 4 OF BLOCK 3 OF GREENACRES NORTHWEST
SUBDIVISION, ACCORDING TO THE MAP OF PLAT THEREOF ON FILE AND OF
RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD
COUNTY, MONTANA.
•
EXHIBIT "1311
BONDERANT ADDITION ANNEXATION
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION #3838
PREPARED BY THE FRDO
DUNE 27,1994
The subject property Is within the Service Area Boundary e Citof y City
of Kalis April
ell as
described by the Extension of Services Plan adopted by t tY of
3, 1989 (Resolution #3538). This broad -based ctns on of Services Plan services
for thlenbo together
with this "mini -plan" comprise th
annexation.
EXISTING RRYMEW
ter: A municipal water line will need to
be
extended to serve this property. A
6" waterline exists in South woodland Dr
ewer: No sanitary sewer exists In f sufficient size to accommodate a septic system
However, the property should be o
until such time as the sewer is avails cte. l on theleast side of South Woodland Droposed Woodland � ve
Subdlvislon proposed to be construed
would extend sewer to within approximately 400 feet of the subject property.
Storm Dralna e: No storm drainage system exists In the area.
Streets: south Woodland Drive Is a two lane paved collector.
arba a Coll ction: Available by contract from private companies.
Rolice Protection: The Flathead County Sheriff's Department.
Fire Protection: The South Kalispell fire Department.
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,uT�r`�oATED SERVI _CE NEEDS:
w t2r. water supply should be able to be extended to the property from the
water lines In South Woodland Drive. If not. a water main must be extended to
connect
a main lt end
extensions would be evaluated at the re iw stage of any development an
the responsibility of the developer.
Sewer: Sanitary sewer will need to be extended to service this property. However,
the property should be of sufficient size to accommmodaotee as S dsystedm until
such time as the sewer Is available. in addition, proposed
Court
subdivision proposed to be constructed on the east side of South Woodland Drive
would extend sewwould withinapproximately
evaluatedryd400
r ng the review feet of the subject
phaseroaf any.
Any disposalsystem
development permit.
Sty Ina
on-site
n htase of any proposed developmentmeter will be evaluated
during the P
StreM South
and a Woodland
adla d Drive
additional a � lane paved collector of sufficient
capacity tothe
Garbge CofleCtIon. The City of Kalispell will not provide solid waste disposal service
to the annexed territory for a period of at least S years, consistent with the
provision of the needs ofEthis site at the time It becomes eligi, M.C.A- The city does have the ble for municipal and ment to
handle l service.
Po{i a 1+{ e: City of Kalispell Police Department and F ire Department will be available
to serve the tract upon annexation. They will be able to provide service to this
property on the
ubrovided to tthe restbasis
of thein the mun>cipa it manner in which this
service is c y p
EXTENSION AND piNANCE STRATEGIES:
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.
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