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Resolution 4262 - Annexation and Zoning - Hunter128 9 RESOLUTION NO. 4262 A RESOLUTION CITY OF TO PROVIDE FOR THE ALTERATION OF KALISPELL BY INCLUDING THEREIN, THE BOUNDARIES OF THE AS AN ANNEXATION, ASSESSOR'S TRACTS BTlA AND 8TAB IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HUNTER ADDITION NO. 273; TO ZONE SAID PROPERTY TWO FAMILY RESIDENTIAL, R-4, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from K,it and Shelby Hunter, the owners of the property described as Assessor's Tracts 8TIA and 8TAB in the southwest quarter of the southeast quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, requesting that the City of Kalispell annex the territory into the City with a Two Family Residential, R-4 zoning classification, and WHEREAS, the Flathead Regional Development Office has made a report on Hunter Addition No. 273, Annexation and Zoning Request, #KA-96-3, dated April 1, 1996, 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 Two Family Residential, R-4, 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 coMly with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Urban Residential" which is defined as allowing two to eight units per acre. The requested R-4 zoning classification is in conformance with that designation since it allows up to seven units per acre. Is the requested zone designed to lessen congestion in the streets? No change.is anticipated in the potential congestion by changing the zoning from County R-5 to City R-4 because of the similar density and uses allowed in the districts. Will the requested zone secure safety from fire, panic,_ and other dangers? -1 1290 VP Adequate access, turnaround and water supply Is available to the site in the case of a fire. No features on the property exist which would compromise the safety of the public. Any new construction would be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available to the area. Will the requested zone promote the health and general w4-1 fare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties. Additionally, the existing house on the property is served by an on -site sewage treatment system. This will be hooked up to community sewer provided by the city of Kalispell at the time of annexation. will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning ordinance to Insure adequate light and air is provided. will the requested zone prevent the overcrowding of land? A change in zone from County R-5 to City R-4 will not result in any increase in the density which is currently allowed. All public services and facilities will be available to serve the site. This zone change will not result in an overcrowding of land. Will the Deovle? . zone avoid undue concentration of Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. Will the requeste zone facilitate the adeguate provision of transportation, water, seweraqe, schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 2 �1_ I 11 1291 a Does the requested zone give consideration to the particular suitability of the property for particular Uses? The proposed R-4 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is small lot residential development. The same type of development can be anticipated to occur on this property and will be consistent with the character of the district. Will the j2ro2osed zone conserve the value of buildings? Value of the buildings in because the R-4 zoning will uses on this property as are the area. the area will be conserved promote compatible and like found on other properties in Will the reauested zone encouraae the most aDDronriate use of the land throu2hout the municipality? small lot residential development should be encouraged in areas where services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the master plan and surrounding zoning in the area. WHEREAS, on the 6th day of November, 1995 the City Council of the City of Kalispell adopted, pursuant to Section 7-2-4610, Nontana 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 "A" 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 Hunter Addition No. 273, subject to annexation, including water, sewer, storm drainage, streets, garbage collection, police protection and fire protection, and -1 3 4r X _1292 0 WHEREAS, said 1-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, Hunter Addition No. 273 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 Tracts 8TlA and 8TAB in the southwest quarter of the southeast quarter of Section 18, Township 28 North, Range 21 West, 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 Hunter Addition No. 273. SECTION Il. 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 Two Family Residential, R-4. SECTION IV. This Resolution shall be effective 30 days from and after its passage by the City Council. 4 a y- 1293 do PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 6L'Lk DAY OF 1996. Douglat D. Rauthe, Mayor ATTEST: waiagov, F)ebbie Gi f Cmc Clerk < 9vu, i I 5 Film A -4 m 294 FJUMIT A EXTENSION OF SERVICES PLAN FOR KIT AND SHELBY HUNTER MM subjea property is within the Service Area Boundary of the City of Kalispell as descri"bed by die Extension of Services Plan adopted by the City of Kalispell on November 5, 1995 (RMWon #4241). This broad_based extension of services plan, together with this *mini -plan' comprise ffie Extension of Services Plan for the Hunter annexation. EXISTING SEMM: Water: A 6" water line exists on Fourth Avenue West north of this property. A service line will be extended to the property with the developer bearing all cost for the extension and connection. Sewer: ' An 8" sanitary sewer line exists parallel to the water line on Fourth Avenue West to the north of this property. The costs associated with extending the sewer line to serve this property will be paid for by the developer. Radfi: ' Access to the property will be provided by way of Fourth Avenue West, a paved City roadway. No extension of the roadway will be required. Storm Dra. this property. Lmg—e. No public storm drainage system is in the immediate vicinity of minimal impacts can be anticipated and it appears that storm drain runoff can be accommodated on -site. Other C& Ser 4M, Police and fire protection, as well as refuse collection services, will be available to the area upon annexation M the city - The Fire Department will require an extension of the right-of-way and a turnarourld at the end of Fourth Avenue WesL C_onmwtion Standards- The extension of public infrastructure such as water and sewer will be reTAred to be in accord with all City of Kalispell standards, specifications, and requirements and the cost will be borne by the developer. E ?,NSION AMR FINA19CE STRATEGIES: Extension of service lines from Fourth Avenue West to the property will be required to be paid for by the developer. No main extensions appear to be required. No special assessments or fuiaming appear to be required and any financing of these improvements would be borne by the developer. FA ... \KA96-03.RPT 2 0 1,215 BSA 8TOR I 8TD8l 8GA -_ffL)A-- 2vo 8TDB fw I RTQ BT12B Brwm 8R 8TZ 8T12A. 8R8 OT14 8T12M I 8TWA 8TI I 8OF—� Me 8TTA 87WB M 80 87T m 8TGA �1 8 2B 2A 8T14 81TA :8TT:l _ 8PA aw 8Tx 8TW 8TL 8TFA um �M- 8TYAB 8TJA 8TI 8TJB 8TYAD 3TEB Up 8TYAC BTAC YEA 8 512A 8TYC TAD RTA + SU FER 8TYE 6 vAAm - - 8TC A 8T7A 8T4A 8TM 8TSA 8T7 8T4 8TN T10A 875 T10 BT8A 3TK BT13 8T 8T 3 R� 2 4^� I A n 'e"� 14DA KJT AND SHELBY HUNTER KA 96-3 KAUSPELL ANNEXATION #274 PARCELS 8TIA AND 8TAB SECTION 18, T28N, R21W f—.2w MVAU 8y: R-5 I Rml 14CA k &� loom 8N -p- mi 8K 1296 JFSAP 0, 4 37.3�1� 6#07'07'wW. a ;.'IL 17 A Ifo 1� -114, - - * .%, EXHIBIT 0 FED E Fd. W px& w BK,7501 �9. 6Z-4'- 'LARSWI BA515 oF SEAPAW TWAI AROU JD A.N V E A ACRE 0% TURA AR V EAS megr ANP 10 0 2- 7' LOT 2* 0. 2�. 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