Resolution 4213 - Annexation & Zone Change - Church of Latter Day SaintsRESOLUTION NO. 4213
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 L.D.S. ADDITION
NO. 264; TO ZONE SAID PROPERTY LOW DENSITY RESIDENTIAL, RA-1, TO
AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from
the Church of Jesus Christ of Latter -Day Saints, 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 L.D.S. Addition No. 264, City Zone Request, KA-95-4,
dated April 25, 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 Low Density Residential, RA-1, 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 COMRIV 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". RA-1 is considered in
compliance with the Master Plan.
Does the Requested Zone Lessen Con estion 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. If the property is
subdivided/developed it would be in a manner that is
equivalent to the existing County RA-1 zone. 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
would
occur within the next 3-10 years. This upgrade
probably require the road right-of-way to be increased
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from 60 feet to 80 feet. Any development of this
property should take into account the increased right-of-
way width of this road. With proper site planning the
property appears to be of sufficient size to accommodate
any additional right-of-way requirements.
Will the Requested Zone Secure Safety from Fire, Panic
and Other Dane
Development within this zone is subject to development
standards including: lot coverage, maximum building
height, and the provision of off-street parking. Any
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.
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 RA-1 would have
little or no impact. Any traffic generation that the
proposed change allows would be mitigated at the time of
development. Any impact to stormwater runoff, sewers,
and water would also 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 Reaueste_d Zone Provide for Adequate Light and
Air?
The development standards of
subdivision regulations (i.e
clear vision setback, roadway
ensure that light and air are
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the zoning ordinance and
.. parking, landscaping,
improvements, etc.) would
adequately provided.
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will the Requested Zone Chance Prevent the gvercrowdina
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.
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. Infra-
structure 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 would ensure
that the site is properly developed. No significant
negative impact is expected.
Will the Regluested Zone Facilitate the Ade uate Provision
of Trans ortation Water Sewer Schools, Parks and Other
Public Requirements?
The additional demands for transportation, water, and
sewer will be evaluated pursuant to individual
development proposals; existing infrastructure exists in
the vicinity (North Valley Sewer and Evergreen Water
Districts) which should be able to serve development of
this property. Schools and parks should not be any more
impacted under the existing County zone than would be
under the proposed City zone. No significant negative
impact is expected.
Does the Re uested Zone Give Consideration to the
Particular Suitability of the ProiDerty for Particular
Uses?
The subject property is well suited for uses permitted
within the RA-1 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.
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Does the Re uested 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 RA-1 to the
City RA-1 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 as this is a
lateral zone change. No significant negative impact is
expected.
Will the Requested Zone Change Encourage the Most
AipDropriate Use .of_the Land Throughout the Jurisdiction?
Appropriateness of a zone is determined by the Kalispell
City -County Master Plan. The Plan and the existing
zoning classifications in the area identify this area for
the 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
zoning classification from the County zone.
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 L.D.S. Addition No. 264, subject to
annexation, including water, sewer, storm drainage, streets,
garbage collection, police protection and fire protection, and
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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 anneal City budget without incurring additional
bonded indebtedness, and
WHEREAS, L.D.S. Addition No. 264 is included within and
conforms to the Kalispell City -County Master Plan, 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 Low Density Residential, RA-1.
SECTION IV. This Resolution shall be effective 30 days
€rom and after its passage by the City Council.
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PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS _ f144- DAY OF A k 1995.
Dougl D. Rauthe, Mayor
ATTEST:
C rn C_
Debbie Givbw, dmc
Clerk of Council
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EXHIBIT "A"
A tract of land in the SEl/4 of section 5, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana.
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