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Resolution 4255 - Annexation - Triangle Development1 259� RESOLUTION NO. 4255 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 ASSESSOR'S TRACT 1B LOCATED IN SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS TRIANGLE DEVELOPMENT ADDITION NO. 271; TO ZONE SAID PROPERTY RE ' SIDENTIAL/PROFESSIONAL OFFICE, R-5, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Triangle Development, the owners of the property described as Assessor's Tract 1B located in Section 6, T28N, R21W, P.M.M., Flathead County, Montana, requesting that the City of Kalispell annex the territory into the City with a Residential Apartment/Office, RA-3, zoning classification, and WHEREAS, the Flathead Regional Development Office has made a report on Triangle Development Addition No. 271, Annexation and Zoning Request, #KA-96-1, dated March 4, 1996, and recommended that a zoning classification of Residential /Prof es s ional Office, R-5 would be more appropriate, 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 Residential /Professional Office, R-5, 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 Kalispell City -County Master Plan designates this area as High Density Residential. The proposed RA-3 zoning would be in compliance with the Master Plan designation. The plan states in part that "High density urban residential growth is projected to occur ... north and west of Whitefish Stage Road adjacent to the golf course... 11 Is the Requested Zone Designed to Lessen Congestion in the Streets? Direct access to this property is by way of Whitefish Stage Road which is indicated on the Master Plan map as a minor arterial. The district intent of the RAL-3 district states that the location of this district depends on proximity to major streets, arterials and 1260 IV business district. The intent of the R-5 district also states that this district should be associated with arterial or minor arterial streets. Furthermore, Whitefish Stage Road, between the city limits and West Reserve Drive, is listed as a priority on the Kalispell Urban Area Transportation Plan for upgrading. No design plans have been developed and right-of-way acquisition is currently underway. It appears that either of these districts would be appropriate along Whitefish Stage Road and that the roadway would be adequate to accommodate potential traffic generated from this property. Will the Requested Zone Secure Safety from Fire, Panic It does not appear that fire and safety issues are significant with regard to this site. Easy access is available from Whitefish Stage Road, there is good sight visibility in both directions ingressing or egressing the property, the terrain is generally level and the property is close to services. No significant impacts could be anticipated with regard to safety hazards, fire or other emergency situations. Will the Requested Change Promote the Health and Generai Welfare? The master plan has designated this area as high density residential which would be considered appropriate for this area and the community because of the property's proximity to Buffalo Hills Golf Course. The location makes it a prime area for development because of the recreational amenity as well as the open space that this area provides. Additionally, a minor arterial will serve the property for access. It appears that the proposed zoning would promote the goals of the master plan and, hence, the health and general welfare of the residents of the community. Fill the Requested Zone Provide for Adequate Light and Air? Adequate light and air would be provided by the setback requirements and the height limitation on structures. These development standards are generally consistent with other residential development in the area and would provide for adequate light and air. Will the Requested Zone Change Prevent the overcrowding of Land or Undue Concentration of People? I 2 1 -26 W Minimum lot size requirements for the existing County RA - I and the proposed City'RA-3 are similar with the current zoning requiring 7,500 square feet and the proposed zoning requiring 7,000 square feet. With the availability of public services in the area and considering other development in the immediate area it does not appear that the proposed district would result in the overcrowding of land or undue concentration of people. Will the Requested Zone Facilitate the Adequate Provision of Transportation, Water, Sewer, Schools, Parks and Other '�_ublic Requirements? Full public services and facilities currently exist or can be made available to this property. Good access, public water and sewer, police and fire protection as well as open space and recreational amenities are in the immediate area of this site. Does the Requested Zone Give Consideration to the Particular Suitability of the Property for Particular Uses? The proposed RA-3 zoning district does appear to allow many permitted and conditional uses which would be suitable for this area particularly single, duplex and multi -family dwellings. This district also allows a number of non-residential uses which could be developed on this property along Whitefish Stage Road, a minor arterial, and the rather odd triangular shape, development of the 2.7 acres presents several viable alternatives. Its proximity to the roadways provides f or easy ingress and egress as well as high visibility, which would be important to a commercial activity. Its proximity to the golf course and some high end residential development, makes it desirable for high density residential development. Under either scenario, it does appear that this property is suited for the uses which are permitted under the RA-3 district. Does the Requested Zoninq Give Reasonable Consideration to the Character of this District? Most of the development which has taken place in this area is single family and multi -family residential development. Some commercial development has taken place at the corner of West Reserve and Whitefish Stage Road approximately 1,000 feet to the north of this property. The intent of the RA-3 district is to allow some limited businesses at locations which are compatible with residential apartment uses and to serve as a buffer zone 3 2 62 0 between other commercial districts and residential areas within or adjacent to business corridors. It does not appear that the proposed district is consistent with the intent of the district. It appears that the R-5 district, a Residential/ Professional office district might be more compatible with existing development, more closely reflect the intent of the district and would also meet the master plan designation of "high density residential". The intent of the R-5 district is to allow office structures which are architecturally harmonious with adjacent residential development and would be located along arterials or minor arterials. Both the RA-3 and the R-5 are intended to provide a buffer between residential and commercial districts. No commercial development or zoning is present in the immediate area, hence, the character of this area does not meet the specific Intent of the proposed district. ld the Proposed Zoning Conserve the Value of ldincs? Under the proposed zoning a variety of residential and non-residential uses would be allowed either outright or conditionally permitted according to specific development standa'rds. Any new development would be required to be constructed accordingly. It does not appear that the proposed district would have an adverse impact on the value of buildings in the area. Will the Requested Zone Encourage the Most Appropriat Use of the Land Throughout the Jurisdiction? Because of the shape, size and location of this property it is difficult to judge what the most appropriate use of this land would be and hence its ef f ect of 'the use of land within the planning jurisdiction. Because of this property's proximity to Whitefish Stage Road, a busy and accessible roadway, it is appealing for office development. on the other hand,, because of its proximity to the golf course, this property could be considered prime'for multi -family townhouse development. The size and shape of the property are limiting factors primarily with regard to residential development because it would be difficult to provide enough privacy and buffering between the roadway and the living units. It appears that the proposed zoning may provide for the most appropriate land through the jurisdiction. :t 2 I I 1.263 a WHEREAS, on the 6th day of November, 1995 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 "All 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 Triangle Development Addition No. 271, 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, Triangle Development Addition No. 271 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 1,. That all the real property as is more particularly described as Assessor's Tract 1B. located in Section 6, T28N, R21W, P.M.M., Flathead County, Montana, shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Triangle Addition No. 271. 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 5 11F�r 1.2.64 -w its citizens and property shall be subject to all debtst 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 111. The territory annexed by this Resolution shall be zoned Residential/Professional office, R-5. SECTION IV. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF Av�q- 1996. F DouglaW D. Rauthe, Mayor ATTEST: CLUL�L '�� K(J. �-M-c Debbie GifLc�r Clerk of C ng 1 CMC 6 I I 126 EXHIBff A TRL4NGLE DEVELOPMENT ANNEXATION EXTENSION OF SERVICES PLAN PREPARED BY THE FLATHEAD REGIONAL DEVELOPMENT OFFICE MARCH 41, IM Ilk. subject property is within the Service Area Boundary of de Cky of Kalispell as descnlxd by the Extension of Services Plan adopted by the City of Kalispell on November 5, 1995 (Resolution #4241). This broad -based extension of wrvices plan, kWether with this "mini -piano comprise the Extension of Services Plan for ft Triangle Development annexatiolL EMM--Q-SERV=: W__&r: A ten inch municipal water line exists along the west si& of Whiteft Stage Road owned by the Evergreen Water District. Adequate capacity to sem the site is &Vaftle 0= the extension is made. : A 15 inch municipal sm3dtary sewer line exists aJong the west dk of Whitefish Stage Road which is owned by the North Village Sewer District. 11he district has sufficient capacity to service this property when extensions an made. Storm Drainagne: No area wide Storm drainage system exists in the am. Infiltration and natural absorption areas am proposed to mitigate any potential storm runoff associated with development of the site. 59=: Whilefish Stage Road is a two land paved County Road which is designated on ft Kalispell City -County Master Plan as a minor arterW. This roadway is listed as a priority for upgrading in the Kalispell Urban Area Transportation Plan. Currently. no desip plans have been started and no right-of-way acquisition has occurred. Caxbkage- Collection: Available by contract from private companim. ftlice Pall-e—c&n: Flathead County Sheriffs Department. Fire Protect : West Valley Fire Deparunent. 8 1266 Al ww-tM-, _IU CII-AZIA Water supply would W able to be c=Wed to ft PrOPeM hm &e water main - - - along ft west side of Whitefish Suge Road. mg applicants am proposing a one inch water Service Hue wben do site is &—MIOPW. I Sewa Sewer can be provided by way of an existing 15 imb mak whkh runs along Me wM side of Whitefish Stage Road wh" is owned by the North Village Sewer Dhaxt A four inch Sewer service line is proposed to serve ft site at the time of &w1opment. S I prainag: No storm drain system exists in the am nor is one beft proposed. Storm flows could be haaed on site with na=9 absorption areas for infiltrimion. DeWopment plans for this site bave provided designated infiltration areas on the proputy. 11e terrain is SCON211Y level with little vegetation msulting in minimal erosion problenns &emg and after development- SUMil Whitefish Stage Road is a two laze paved County road with mdMient capacity to serve this site. At the time this roadway is upgraded, additional rigln-of-way may be requimd. The developer has anticipated this right-of-way acquisition and is willinS to Set aside ten feet of future rigbt-of-way in anticipation of this expansion. TU City of Kalispell can and would pvA& Wlid waste pkk-W for ft site when this property becomes eligible for municipal service. rofice/F lable to =: City of Kalispell Police Department and Fire Department will be am pro,vide services to this property upon anniexation at approximately the same level as otber properm within dke city. I Vff�EN�ON ADM FINAN9E STRATEGEES: Extension of Services to this property are monimal beCauSe mog of die neCessary inhZSUVCt= in already in place. improvements to the property associated with ffic devekquew of die sift would inctude the extension of service lines hvm existing water and- Sewer mains which run along the right-of-way in front of this property. No special assessments or Rmwiqg appear to be required and any financing of thew improvements would be borne by the developer. FA ... \KA96-RPT 9 P R--WT RMI 7� -- p �1!7!1 M"M I