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Resolution 3927 - Annexation - Two Mile AdditionRESOLUTION NO. 3927 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPEL BY INCLUDING THEREIN, AS AN ANNEXATION, A TRACT OF LAND IN THE NWx OF THE SEk 0 SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M.., FLATHEAD COUNTY, MONTANA, T BE KNOWN AS TWO MILE PACK ADDITION #236; TO ZONE SAID PROPERTY RESIDENTIAL APARTMENT RA-1, AND TO AMEND THE CITY ZONING MAP ACCORDINGLY. WHEREAS, Ronald E. Pack and Margaret A. Pack, the resident freeholders o more than fifty per cent '(50,,) of certain real property situated outside th boundaries of the City of Kalispell, but contiguous thereto, requested on the 20t day of February, 1990, the City Council of the City of Kalispell to consider th annexation of a tract of land described in Exhibit "A", attached hereto, and WHEREAS, the Flathead Regional Development Office has made a report on th Annexation/Zoning of the territory dated March 6, 1990, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission hel a public hearing on the annexation and zoning of the property, pursuant to §5.01 Kalispell Zoning Ordinance on March 13, 1990 and recommended that the territory b annexed into the City of Kalispell and be zoned Residential Apartment, RA--1, and WHEREAS, the City Council of the City of Kalispell held a public hearin pursuant to 56.13, Kalispell Zoning Ordinance on April 2, 1990 and considered th report made by the Flathead Regional Development Office and the recommendation o the Kalispell City -County Planning Board and Zoning Commission, and WHEREAS, based upon the report of the Flathead Regional Development Offic- and the recommendation of the Kalispell City -County Planning Board and Zonin; Commission, the City Council of the City of Kalispell finds that the recommender zoning classification for the territory is appropriate based upon the followin; criterion: Does the proposed zone com ly with the Master Plan? The primary test of determining compliance with the Master Plan is whether the proposed zoning classification is consistent with the land use designation assigned to that area by the Official Map of the Kalispell City -County Master Plan. For the subject area, the land use designation is high density residential, which complements the proposed RA-1 zoning classification. Is the requested zone designed to lessen congestion in the streets? Since the property is currently vacant, any additional development will increase traffic trips onto the adjoining city and county streets. The proposed RA-1 zoning classification is a residential classification that would permit, either single family, duplex, or multi -family dwellings. Depending upon the ultimate development strategies for the property, the proposed zoning classification may or may not be increasing the traffic or trip generation in area. If multi -family dwellings are proposed, the impacts to traffic and other public services will be evaluated in association with the issuance of a conditional use permit. At that time, development of the property may afford an opportunity to loop a city street connection between Two Mile Drive and U.S. Highway 2 that presently does not exist. This could benefit the overall traffic pattern in the area of the property. Potential areas of traffic congestion would be at the intersection of Two Mile Drive and Meridian Road and at the intersection of Corporate Drive and U.S. Highway 2. Will the reiguested zone secure safety From fire, panic and other. dangers? The development potential of the property will not only be affected by zoning but also from environmental constraints and from the capacity of city infrastructure. Upon annexation, city of Kalispell police and fire protection will be available to the property and older city services will be extended including fire hydrants. Site plan review and other permit review requirements will further evalute public safety aspects of new development. For example, a floodplain development permit will be necessary if any uses encroach into the area of the 100 year floodplain. Will the re tested zone promote the health and general welfare? The proposed zoning is consistent with the Master Plan which is a measure of the general public interest. The zoning will help to insure orderly growth and develop- ment and separation of incompatible uses. The proposed zoning will also complement the character of the adjoining properties. This should be in the public interest and serve to promote the general welfare. Will the requested zone provide for adequate light and air? The bulk and dimensional requirements of the proposed zoning classification will ensure adequate light and air. For an RA-1 zoning classification the maximum lot coverage is 40n; Setbacks include 15 feet for the front yard and 5 feet for the sideyard. Conditions of development approval for multi -family units would also be a means of ensuring adequate light and air within the property. Will the requested zone prevent the overcrowding of land? Overcrowding of land is a function of many variables but can generally be considered a condition that exists when developed facilities exceed the carrying capacity of the land and/or necessary services. City zoning and construction standards will ensure that any proposed development will be built consistent with the level of available services. Will the requested zone avoid undue concentration of people? Concentration of people is a function of land use density. The proposed zone regulates both density of development and uses. The proposed zoning classification will limit land uses to residential dwellings and requires minimum lot sizes of 7,000 square feet of which no more than 40 .can be covered by buildings. These standards will regulate the density to ensure that the property is not overbuilt and that the property is developed in a manner consistent with the other developed properties in the area. Whether the property develops with single family dwellings or multi -family dwellings, it would appear that sufficient regulations are in place to ensure that the site is not overbuilt resulting in an undue concentration of people. W411 the requested zone facilitate_ the adequate Erovision of transportation, water, .sewage, schools, parks and other _public requirements? The proposed zoning will, have no direct relationship to the provision of public services. However, improvements to the water, sewer and storm drainage facilities will be necessary before the development potential of the property, as otherwise permitted by the zoning, can be fully achieved. A full, range of infrastructure improvements for the property will be necessary as a condition of annexation.. The infrastructure improvements pertaining to water and sewer must be designed by the owner to anticipate the development potential of the property as permitted by the zoning. Conditional use permit review relative to multi -family dwellings will also establish development criteria to ensure that egress/ingress and other concerns are adequately addressed prior to approval of these type of facilities. For example, it may be possible to establish a city road connection between U.S. Highway 2 and Two Mile Drive through this property as part of the assessment of a project. This may he an overall benefit to the city road network. ":he impacts of annexing this property and assigning it with an RA-1 zoning classification relative to schools and parks will be assessed via other review processes and cannot be anticipated until a development proposal for the property is more fully understood. However, it can be generally agreed that if multi -family dwellings are constructed on the property, that the impacts to schools and the parks sy; tem may be greater than impacts associated with a single family development. A partial solution to this concern may be the requirement to provide on -site park facilities with any ..development approval. At this time, it appears that the local school system can accommodate the students that might be associated with development of the property. Does the re uebted zone give reasonable consideration to the character of the district? The property has few development limitations. It adjoins property that is similarly zoned for apartment use. This vicinity has few commercial uses nearby and, therefore, the residential use of the property would be appropriate to the area. Will the requested zone conserve the value of buil.dinRs? The proposed RA-1 zoning classification is compatible to the land uses of the 4 0.3 adjoining properties. The adjoining properties should benefit from the proposed) zoning classification. 1 1 Will the requested zone encourage the most a pro riate use of land throughout the municipality? The proposed RA-1 classification would promote land uses consistent with the "anticipation" of the Master Plan and with the surrounding uses. 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" shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide, subject to the following conditions: 1. That the water main be extended to the property in accordance to the City of Kalispell construction standards. Engineering, design and construction costs shall be borne by the developer or owner of the property. 2. That all required extensions of utilities be completed or guaranteed for completion prior to annexation. SECTION II. Upon the effective date of this Resolution, the City Clerk -Treasurer 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. SECTION III. From and after the date of filing of said documents as prepared by the City Clerk -Treasurer, 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 IV. The territory annexed by this Resolution shall be zoned Residential Apartment, RA-1. SECTION V. This Resolution shall be effective thirty days from and after its final passage by the City Council and approval by the Mayor. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS _20ei DAY OF April _ _ , 1990. ATTEST: Amy H. a ertson City Clerk -Treasurer 4RogerHoek IL 4ns, Mayor EXHIBIT "A" A tract of land, in the Northwest Quarter of the Southeast Quarter of Section 2.2, Township 2E North, Range 22 West, m.P.M., Flathead County, Montana, particularly described as follows: Beginning a.t a point 552 feel: South of the center of said Section 12; thence South a distance of 773 feet to the Southwest corner of said Northwest Quarter of the Southeast Quarter; thence a distance of 412.4 feet East along subdivision li'le; thence North and parallel with tr3e West boundary line of. said Northwest Quarter of the Southeast Quarter a distance of 372 feet to a point; thence East and parallel with the North subdivision line a distance of 157.95 feet to the center line of Spring Creek; thence Northwesterly along the center line of said creek to a point which bears South a distance of 3a0Yhfeet o �� eSt tQuaatexa►ce of of the 204.4 feet 5outtieast from the North boundary of Quarter; thence North a distance of 380 feet -to the North boundary of said Northwest Quarter of the Southeast Qjarte-r; thence continuing North a distance of 54 feet ;:o a point; thence a distance of 60 feet West and parallel to the North boundary of said Northwest Quarter of the Southeast Quarter; rherice a distance of 606 feet South and parallel with .the West boundary of said northwest Quarter of the Southeast Quarter; thence Guest a distance of 144.4 feet to the point of beginning. EXCEPTING THEREFROM any portion of Two Mile Drive. 1 1