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Resolution 4246/AnnexationRESOLUTION NO. 424 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 LOT 2 OF INSTENESS ADDITION IN THE NE1/4 OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS WOODS ADDITION NO. 270; TO ZONE SAID PROPERTY SUBURBAN RESIDENTIAL, R-1, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Ira and Diane Woods, the owners of the property described as Lot 2 of Insteness Addition in the NE1/4 of Section 18, T28N, R21W, P.M.M., Flathead County, Montana, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Woods Addition No. 270, City Zone Request, #KA-95-10, dated November 7, 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 Suburban Residential, R-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 Comply 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 "Urban Residential". R-1 is considered in compliance with the Master Plan. Does the Requested Zone Lessen Congestion 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. There would be no net increase in density from County R-1 to City R-1. If the property is subdivided/developed it would be in a manner that is consistent with the existing City and County R-1 zone in the area. In addition, the Master Plan for this area calls for this property to be developed with R-1 type development. The most 1 significant impact would be the required upgrade to the existing easement to allow this property to be developed beyond the one single family dwelling. This would be more thoroughly addressed at the time of subdivision. No significant negative impact is expected. Will the Requested Zone Secure Safety from Fire, Panic and Other Danaers? 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. In addition, Sunnyside Drive is a through street which provides access to this area with direct access to the core of Kalispell. The majority of the property requesting City zoning is in the designated 100-year floodplain. Development constraints of the floodplain severely limit the type of structures that can be developed. Whether the property is developed in the City or the County the floodplain would still exist and be governed by the same regulations. No significant negative impact is expected. Will the Requested Change Promote the Health and General Welfare? The 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 R-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 specific 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. No significant negative impact is expected. 0 Will the Requested Zone Provide for Adequate Light and Air? The development standards of the zoning ordinance and subdivision regulations (i.e.: parking, landscaping, clear vision setback, roadway improvements, etc.) would ensure that light and air are adequately provided. Any development beyond one single family residence would require approval of a subdivision. No significant negative impact is expected. Will the Requested Zone Change Prevent the Overcrowding of Land? Overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the property. The subdivision, zoning, building, and f loodplain regulations control the intensity requirements that a property can be developed with. Adequate infrastructure is in place in the area 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. Will the Requested Zone Avoid Undue Concentration of People? Concentration of people relates to the land use permitted by a particular zone. -The proposed change would have little unexpected impact on residential density in the area. Infrastructure 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 zone and its regulations would ensure that the site is properly developed. No significant negative impact is expected. Will the Requested Zone Facilitate the Adequate Provision of Transportation, Water, Sewer, Schools, Parks and Other Public Reauirements? The additional demands for transportation, water, and sewer will be evaluated pursuant to individual development proposals; existing infrastructure exists, or can be provided, in the vicinity 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. 3 Does the Requested Zone Give Consideration to the Particular Suitability of the Property for Particular Uses? The subject property is well suited for uses permitted within the R-1 zone because of availability of services and access. 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. Does the Requested 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 property. 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 R-1 to the City R-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 residential zone. No significant negative impact is expected. Will the Requested Zone Change Encourage the Most Appropriate 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. 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 "A" and thereby made .19 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 Woods Addition No. 270, 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, Woods Addition No. 270 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 as Lot 2, Insteness Subdivision in the NE1/4 of Section 19, 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. 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 Suburban Residential, R-1. W 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 , 1995. ATTEST: Debbie Gifford, CMC Clerk of Council 1.1 Douglas D. Rauthe, Mayor