Resolution 3956 - Annexation - Shepard's Tracts31
RESOLUTION NO. 3956
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN PARCELS OF REAL PROPERTY IN LOT 1, BLOCK 11, HIGH SCHOOL
ADDITION, FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS SHEPARD'S
ADDITION NO. 237; TO ZONE SAID PROPERTY 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
Evelyn Shepard, the resident freeholder elector within Lot 1,
Block 11, High School Addition of the City of Kalispell,
requesting that the City of Kalispell annex the territory into
the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on the Annexation/Zoning of the territory dated September
4, 1990, 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, 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:
1. Does the requested zone comply with the master
Plan?
The primary test of determining compliance with the
"' aster 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 "urban
residential". The proposed zoning of Residential R-4
is compatible with that land use designation.
2. Is the requested zone designed to lessen
congestion in the streets?
The subject property is near the intersection of two
city streets. A house currently exists on the
property. The development potential of the lot will
not change with the annexation and with the proposed
zoning unless the lot is divided pursuant to the
subdivision process. As such, the zoning will not
increase the trip generation potential from the
property. With subdivision of the property, one
additional lot could be created with a result of one
additional single family dwelling or duplex. Even with
this additional development, the existing road system
can adequately accommodate the anticipated vehicle
trips.
a 3. Will the re -quested zone secure safetv frnm filr-a
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protection. Response time in emergency situations is
likely to be shorter than if the property remained in
the County and was subject to rural fire district and
Flathead County Sheriff response.
4. Will the requested chancFe promote the health and
general welfare?.
The proposed zoning is consistent with the Master Plan
which is a measure of general public interest. The
zoning will help to insure orderly growth and
development and separation of incompatible uses. The
proposed zoning will also compliment the character of
the adjoining properties. These "by-products" of the
requested zone are viewed as favorable and as being in
the general public interest.
5. Will the requested zone provide for adequate light
and air?
The proposed zoning will allow development of the
property in a manner consistent with the adjoining
properties. The proposed zoning will limit land uses
to either single family or duplex dwellings. The
minimum yard requirements and height restrictions
associated with the proposed zoning classification will
further serve to ensure adequate light and air
consistent with that "enjoyed" by the adjoining
properties.
6. Will the requested zone prevent the overcrowding of
land?
Overcrowding of land is a function of many variables
that can generally be considered a condition that
exists when developed facilities exceed the carrying
capacity of the land and/or necessary services. The
property will be served by a municipal utility and
public safety services. These existing facilities are
capable of accommodating the anticipated single family
dwelling or duplex that may be developed on the
property. Overcrowding of land will be further
regulated by the zoning regulations which establish a
maximum lot coverage of 40%.
7. Will the requested zone avoid undue concentration
of -people?
Concentration of people is a function of land use
density. The proposed zone regulates both the type of
development and the density of development. The
proposed zoning classification primarily limits uses to
residential dwellings and requires minimum lot sizes of
5400 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. As indicated earlier, the development
potential of the subject property will be limited by
the nron6sed zonina to thp Rmiqtinn rPqiHPntiAI
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8. Will the requested zone facilitate the adeguate
Provision. of transportation, water, sewerage, schools,
Parks, and other Public reguirements?
The property subject to the annexation request is a
single tract of land. The only improvement associated
with the property is a single family dwelling. This
dwelling is currently connected to the City of
Kalispell water supply system. Extension of the sewer
collection system to the property can be made with a
lateral extension from the 18 inch sewer main along
Eighth Street West. The property will not create any
additional demands on the public transportation
network, schools or parks. The impacts to each of
these public services will be further evaluated if the
property is divided via the subdivision review process.
9. Does the requested zone give consideration the
-to
Particular suitability of the Droperty for particular
uses?
The proposed zoning is appropriate to the existing use
and development pattern of the property. The existing
house will be a conforming use under the provisions of
an R-4 zoning classification. .
10. Does the requested zone give reasonable
consideration to the character of the district?
The requested R-4 zoning classification is appropriate
to the property since it will promote a development
pattern consistent with the adjoining city lots.
11. Will the proposed zone conserve the value of
buildings?
The proposed R-4 zoning classification will not create
a non -conforming situation with the existing
residential structure and will ensure that future
development and use of the property will be compatible
with the uses of the adjoining properties.
12. Will the requested zone encourage the most
appropriate use of the land throughout the
municipality?
The proposed Residential R-4 classification will
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 above, 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 a 10 foot utility and egress/ingress easement
together with a 5 foot additional maintenance and
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annexation into the city limits and voluntarily
withdraw from the rural fire district.
4. That the existing residential structure connect to
the City of Kalispell sewer system and pay all
associated fees.
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. I
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 III. The territory annexed by this Resolution
shall be zoned Residential, R-4.
SECTION IV. This Resolution shall be effective thirty
(30) days from and after its final passage by the City
Council and approval by the Mayor.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR TIHS
17th DAY OF September , 1990.
ATTEST:
Amy H,�'Robertson
City Clerk -Treasurer
Roger *� H�pki�ns, Mayor -