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04. Resolution 5055 - Annexation - Robert and Glenda BrownREPORT TO: FROM: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager Robert and Glenda Brown - Annexation and Initial Zoning of R-4, Two Family Residential, West Side of 7+h Ave West August 1, 2005 BACKGROUND: This is a request by Robert and Glenda Brawn for an initial zoning designation of R-4, Two Family Residential) on approximately 0.51 of an acre upon annexation to the City. The property is located on the northwest corner of Seventh Avenue West and Sunnyside Drive. A two lot subdivision has been filed concurrently with the annexation request. There is an existing house and garage that will remain on the lot to the north while the lot on the corner will be developed with either a single family residence or duplex. The applicant needs to connect to City water and sewer in order to develop the property. Currently this property is in the County zoning jurisdiction and is zoned R-5, Two Family Residential. The zoning designations for the City and County are similar with regard to lot size and permitted uses. A public hearing was held before the Kalispell City Planning Board at a meeting of July 12, 2005 regarding the initial zoning for this property. At the public hearing no one spoke either in favor or in opposition to the proposal. After the public hearing the board discussed the proposal. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation to the city. RECOMMENDATION: A motion to approve the first reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: Positive impacts once fully developed_ ALTERNATIVES: As suggested by the City Council. Robert & Glenda Brown July 22, 2005 Page 2 Respectfully submitted, Narda A. Wilson `JJames H. Patrick Senior Planner City Manager Report compiled: July 22, 2005 c: Theresa White, Kalispell City Clerk RESOLUTION NO. 5055 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BV INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOT 7 OF WESTERN ACRES LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS BROWN ADDITION NO.368; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Robert and Glenda Brown, the owners of property located on the northwest corner of 7th Avenue West, north of Sunnyside Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the Browns' Annexation Request, #KA-05-12, dated July 6, 2005, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential on approximately 0.51 acres upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. iv OW 1 HEREF ORE, BE IT RESOLVED BY Till✓ 01 x C O u i� C1L Or THE C1T Y OP KALISPELL AS FOLLOWS: SECTION I. That all the real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Brown Addition No. 368. SECTION II. Upon the effective elate of this Resolution, the City Clerk 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, 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 in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL, AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 1 ST DAY OF AUGUST, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com July 22, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Robert and Glenda Brown - Annexation and Initial Zoning of R-4, Two Family Residential, West Side of 7h Ave West Dear Jim.: The Kalispell City Planning Board met on July 12, 2005 and held a public hearing to consider a request for annexation and an initial zoning designation of R-4, Two Family Residential, on approximately 0.51 of an acre. The property is located on the northwest corner of 71h Ave West and Sunnyside Drive,. A plat for a two lot subdivision has been filed concurrently with the annexation and zoning request. Narda Wilson of the Kalispell Planning Department presented staff report #KA-05-12 evaluating the proposed zoning_ Staff recommended initial zoning of City R-4, Two Family Residential, based on the surrounding City zoning and the Kalispell Growth Policy. The property owner spoke in favor of the proposal stating the existing home and garage would be on one lot and the other lot would be developed. One of the adjoining property owners spoke and said he thought the new residence on the property should be single family rather than a duplex or townhouse. After the public hearing the board discussed the property. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation. Robert & Glenda Brown Annexation and Zoning July 22, 2005 Page 2 Please schedule this matter for the August 1, 2005 regular city council meeting. You may contact this Board or Narda Wilson at the Kalispell Planning Department if you have any questions regarding this matter, GT/NW/ma Attachments: Staff report ##KA-05-12 and application materials Minutes of the 7/ 12/05 planning board meeting e w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Robert & Glenda Brown, 330 Goodrich Rd., Kalispell, MT S9901 ROBERT AND GLENDA BROWN REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION KALISPELL PLANNING DEPARTMENT STAFF REPORT #KA-05-12 JULY 6, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of R-4 upon annexation to the city of Kalispell. A public hearing has been scheduled before the Kalispell City Planning Board and Zoning Commission for July 12, 2005 beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed. The planning board will forward a recommendation for appropriate zoning to the Kalispell City Council for consideration. BACKGROUND INFORMATION The applicant has petitioned for annexation and an initial zoning designation. of R-4, a Two -Family Residential district, on approximately 0.51 of an acre. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. A. Petitioner J Owner: Robert and Glenda Brown 330 Goodrich Road Kalispell, MT 59901 (406) 756-5779 B. Location and Legal Description of Property: The property proposed for annexation and the initial zoning request is located on the northwest corner of Seventh Avenue West north of Stinnyside Drive. It can be described as Lot 7 of Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing Zoning: The property proposed for annexation is in the West Side County zoning jurisdiction and is currently zoned R-5, Two -Family Residential.. This district is defined as "A residential district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Duplexes are allowed in this district." Permitted uses in this district are generally limited to residential. uses. The conditionally permitted uses allow some non. -residential uses but those are limited to churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf courses. The minimum lot size requirement of the County R-5 zoning district is 5,400 square feet. D. Proposed Zoning: The proposed R-4, Two -Family Residential, zone allows duplexes and single-family residences as permitted uses and has a minimum lot size requirement of 6,000 square feet and a width of 50 feet. The proposed City R-4 district more closely reflects the existing and intended uses for the property and is consistent with the other City zoning in the immediate area. t E. Size: The area proposed for annexation and zoning contains approximately 0.51 of acre. F. Existing Land Use: The property proposed for annexation is occupied by a single family dwelling. The property owner intends to subdivide the property into two lots. A plat subdividing the property has been filed concurrent with the anexationa, request. G. Adjacent Land Uses and Zoning: The land use in the area is primarily single- family residential along with some duplexes and townhouses. H. General Land Use Character: The general land use character of this area can be described as primarily residential with a mix of duplex and single family homes. This area can also be described as being on the urban fringes of Kalispell and there have been significant development pressures to the west. I. Utilities and Public Services: All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Electricity: Flathead .Electric Cooperative Telephone: CenturyTel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the owth olio ? The property is designated by the Kalispell Growth Policy future lard use map as "Urban Residential" which -L ticipates residential development with a density of between four to 12 dwelling units per acre. Because of the provision of public water and sewer to the site, the proposed R-4 zoning designation is in compliance with the future land use designation for the area. The R-4 zoning has a minimum lot size requirement of 6,000 square feet with each lot allowing a duplex or a base density of one dwelling per 3,000 square feet. This same zoning designation has been applied to most properties in the west Kalispell area. The proposed zoning is in compliance with the anticipated land use for the area which anticipates a mix of single-family and duplex dwellings in urban residential areas. 2 2. Is the requested zone designed to lessen congestion in the streets? Once the property is developed, all of the new development will be constructed to City standards. Traffic in the area will increase insignificantly. The requested zoning designation and subsequent development of the site will not lessen congestion in the streets in the area, but this level and type of development is anticipated to occur as development of the area continues. 3. Will the requested zone secure safety from firepanic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency, There are no features related to the property which would cornpron-use the safety of the public. New construction will 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 and will be extended as part of the development of this property at some point in the future. 4. Will the requested zone promote the health and general welfare? 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 and providing a }dace for new housing in the community. 5. Will the re uested zone RLovide for ade uate 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. 6. Will the requested zone prevent the overcrowding of land? As previously noted this area has been anticipated for urban residential development and now that public water and sewer are in close proximity an R-4 zoning designation is appropriate. The anticipated density falls within the proposed R-4 zoning designation. All public services and facilities will be available to serve this subdivision. Currently this property is in the County jurisdiction and is zoned R--5, Two Family Residential, but they do not have access to public sewer and water without annexation. 7. Will the requested zone avoid undue concentration of people? The allowable density for this property will not change as a result of annexation which is currently zoned for single-family homes and duplexes. 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. 3 8. Will the requested zone facilitate the adequate provision of transportation. water. sewerage, schools arks, and other ublic 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. 9. Does the requested zone wive 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. I.O. Does the reguested zone give reasonable consideration to the character of the district? The general character of the area is urban sized lots for residential development on City sewer and lower density development where on -site sewage treatment methods are being used. The same type and density of development can be anticipated to occur on this property that is in the area and will be consistent with the character of the neighborhood, 11_ Will the proposed zone conserve the value of buildings? Value. of the buildines in the area will be conserved because the R-4 mninL3- will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale 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 future land use designations and surrounding zoning in the area. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-05-12 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two Family Residential. REPORTS \ KALISPELL \ 05 \ IW5-12 NW 4 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR AiNNEXATTON AND TNITUL ZONING CITY OF KA.LISPELL NAIN E OP' APPLICANT: 71 IV .,. �- MALL ADDRESS: 3-3c tz 0aeg CITY/STATE/ZIP: % PHONE: %S �I f INTEREST IN PROPERTY: Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: CITY/STATE/ZIP: PHONE: INTEREST fN PROPERTY: ' � PLEASE COMPLETE TIE FOLLOWING: Address of the property: / $5/ 5—v=-� Legal Description:_ (Lot and Block of Subdivision, Tract 9) (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) 1- --- The present zoning of the above property is: /- S _ C 0 vti f -9 The proposed zoning of the above property is: C., r 1 1 State the changed or changing conditions that make the proposed amendment necessary: %--'J =Zff—'✓7 Tit /J Aa The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Tri-City Planning staff to be present or. the property for routine inspection during the annexation process. (Applicant) (Date) 2 4 r2- 3 VICINITY MAP SCALE 1 3 0 0' ROBERT & GLENDA DYLINA—BROWN REQUEST FOR ANNEXATION & INITIAL ZONING OF R-4 TWO FAMILY RESIDENTIAL FROM COUNTY R-5 TWO— FAMILY RESIDENTIAL T71TT V, H Tz' A nr-,—1 7 PLOT DATE 6/22/05 gis\ site\ kaO5 -12,dwa