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08. Resolution 4161 - Keller Addn Annexation723 5th Avenue East - Room 414 Kalispell, Montana 59901 July 15, 1994 Phone: (406) 758-5780 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Recommendation of Zoning for Keller Addition No. 259 Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met on July 12, 1994, and held a public hearing on the following agenda item: Request by Charles Keller for annexation to the City of Kalispell with an initial zoning classification of R-4 (Two Family Residential). The parcel contains approximately 6 acres located on the west side of US Highway 93 nearly 400 feet south of 4 Mile Drive, with access approximately 1000 feet west of US Highway 93 on the south side of 4 Mile Drive. The property is further described as Parcel 2X, NE4NE4 Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. During the public hearing, the representative for the applicant spoke in favor of the requested zoning as a natural progression of the City. No one spoke in opposition. By unanimous vote, the Commission adopted FRDO Report #KA-94-2 as findings of fact, and recommend to the City Council that the subject property be zoned R-4 upon annexation into the City of Kalispell. This recommendation for zoning is forwarded to the City Council for a subsequent public hearing and final action. Please contact the Commission or the FRDO if you have any questions. Respectfully submitted, A SPELL CPLANNING BOARD AND ZONING COMMISSION amela B. Ken9ITY-COUVY Vice-President PBK/JPP/eo Attachments: FRDO Report #KA-94-2 & Packet c: Mayor Doug Rauthe c w/o Att: Charles Keller 2431 Highway 2 East Kalispell, MT 59901 F:\...\TRANSMIT\KALISPEL\KA-94-2.259 Providing Community Planning Assistance To: Flathead County • City of Columbia Falls a City of Kalispell 9 City of Whitefish 9 KELLER ADDITION 1 259 - CITY ZONE REQUEST SAG i TO i ! CITY ZONEREPORT r 1994 Charles Keller has petitioned the City of Kalispell for annexation of a tract of land into the city limits of Kalispell. This report evaluates the annexation relative to the assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. a a. The applicant has petitioned for a zoning classification of City of Kalispell R-4 (Two Family Residential). Presently, the property is zoned Suburban Agricultural SAG-10 under the Flathead County Zoning Regulations. The Kalispell Zoning Ordinance defines the intent of the R-4 Classification as follows: A residential district with minimum lot areas. Development within this district will require all public utilities, and all community facilities. Two family dwellings are permitted in this district. F-- umCiK,i i s- i PETITIONER: Charles Keller 2431 Highway 2 East Kalispell, MT 59901 SIZE AND LOCATION: The property is approximately 6 acres, a flag shape parcel, located on the west side of Highway 93 approximately 400 feet south of 4 Mile Drive. Generally south and west behind the nursery. Please see Exhibit "A" (map) and Exhibit "B" (legal description). GENERAL LAND USE CHARACTER: The property consists of a single parcel of land which is vacant. North, zoned County SAG-10, is the nursery, and AG-80 agriculture; east, zoned City R-3, is developed with residences; to the south is zoned City R-3 and is a church; and to the west is zoned City R-3 and is pasture. AVAILABILITY OF PUBLIC SERVICES: City water and sewer services are available in the area. A separately prepared "Extension of Services Plan" discusses the provision of public services to this property. 0 The statutory procedure for evaluating zone changes is set forth by 76-2-303, M.C.A. Findings of Fact for the zone change request are discussed relative to the criteria described by 76-2-304, M.C.A. 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 "High Density Residential", with a maximum density of 40 dwelling units per acre. The requested zoning is in compliance with that designation. Does the Request lessen Congestion in the Streets? The impacts due to this zone change would not effect the street system since only one (1) residence or duplex per lot is permitted by this zone. Any impact due to the subdividing of the land would be analyzed at the time of processing the plat. No significant negative impact is expected. Will The Requested Zone Secure Safety From Fire, Panic And Other Dangers? Development within this zone is subject to development standards including: lot coverage, maximum building height; and the provision of off-street parking. Further, any development of the property is subject to review by the City's Site Plan Review Committee, and requires the issuance of building, plumbing, mechanical and electrical permits. These requirements and review processes help ensure that development of the property subsequent to the zone change is done in a safe manner. No significant negative impact is expected. Will The Requested Change Promote The Health And General Welfare? The general 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 Master Plan would support the requested zone change. Designation of this area as R-4 would serve the Flathead region with additional residential development. Any traffic generation that the proposed change allows would be mitigated at the time of development. In addition, this area has direct access to an existing major arterial and may have access to US Highway 93. Any impact to stormwater runoff, sewers, and water would be addressed at the time of subdivision approval or 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. Additionally, other review mechanisms are in place to ensure that development is in compliance with all applicable safety codes. No significant negative impact is expected. 2 Will The Reauested Zone Provide For Adeauate Light And Air? The development standards of the zoning ordinance and subdivision regulations ti.e.: parking, landscaping, clear vision setback, roadway improvements) would ensure that light and air are adequately provided. 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 and Zoning Regulations controls the intensity requirements that a property can be developed with. Adequate infrastructure is in place 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 zone change would increase residential density in the area. Infra- structure 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. This would not happen as the proposed zoning will insure 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. The types of uses permitted in the zone would impact the schools and parks however, this impact would be analyzed at the time of subdivision approval. The need of public facilities for the SAG-10 zone may differ from those required in the R-4 zone, however, adequate facilities are available. No significant negative impact is expected. 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-4 zone. The property is of adequate size and has adequate access to facilities for the type of uses permitted in the proposed zone. No significant negative impact is expected. 3 Does The Requested Zoning Give Reasonable Consideration To The Character Of This District? The properties in question are well suited for the type development anticipated under the requested zone because of the topography, access, regional location, and size of the proposal. No significant negative impact is expected. Would The Proposed Zoning Conserve The value Of The Buildings? The subject request would not impact buildings. If legally constructed buildings exist that don't meet the requirements of the new zone those buildings would be considered non -conforming. This non -conforming status would permit those buildings to continue as before. There are no known uses that would be affected by this zone. A change to the R-4 zone will not significantly impact, erode or devalue the neighborhood beyond the type of uses that are currently allowed. No significant negative impact is expected. Will The Requested Zone Change Encourage The Most Appropriate Use Of The Land Throughout The Jurisdiction? The requested zoning classification would be consistent with the Kalispell City - County Master Plan. The Plan and the existing permitted uses under the zoning ordinance generally identifies this area for residential. The change would encourage the most appropriate use of the land. No significant negative impact is expected. NPREadus m,�� t The property is located in an area that is in a stage of transition; existing and proposed residential development are planned for the area. This zone change would facilitate an orderly development of related uses. It is staffs' opinion that the proposed R-4 zone would serve the needs of the community by allowing residential development to occur in a manner that is commensurate with the services available to the area. It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt this FRDO staff report as findings of fact and forward a favorable recommendation to City Council for the requested zone change upon annexation. FA... KA\KA94-2ES. KLR 4 ADDITIONKELLER A • ADDENDUMEXTENSION OF SERVICES PLAN PREPARED ------ ---------------- --------------------------------------- --- - The subject property is within the Service Area Boundary of the City of Kalispell as described by the Extension of Services Plan adopted by the City of Kalispell on April 3, 1989 (Resolution #3838). This broad -based extension of services plan, together with this "mini -plan" comprise the Extension of Services Plan for the Keller annexation. EXISTING SERVICES: Water: A municipal water line will need to be extended to serve this property. Sewer: Sanitary sewer will need to be extended to service this property. A lift station exists near the southeast corner of Highway 93 and 4 Mile Drive. Storm Drainage: No storm drainage system exists in the area. Streets: 4 Mile Drive is a two lane paved collector. US Highway 93 is a major highway improved to 4 lanes and a turn lane with a signal at its intersection with 4 Mile Drive. Garbage Collection: Available by contract from private companies. Police Protection: The Flathead County Sheriff's Department. Fire Protection: West Valley Volunteer Fire Department. ANTICIPATED SERVICE NEEDS: Water: Water supply should be able to be extended to the property from the water lines to the south. If not, a water main must be extended to connect with a main of sufficient capacity to serve this property. Capacity and any extensions would be evaluated at the review stage of any development permit and the responsibility of the developer. Sewer: Sewer would be collected in a conventional gravity flow system which would feed into the lift station northeast of the site. This disposal system would be evaluated during the review phase of any development permit. Storm Drainage: On -site retention and/or disposal of storm water will be evaluated during the review phase of any proposed development. 5 Streets: 4 Mile Drive is a two lane paved collector. US Highway 93 is a major highway improved to 4 lanes and a turn lane with a signal at its intersection with 4 Mile Drive. Both should have sufficient capacity to serve this site. In addition, street tree planting would be necessary at the time of development. Garbage Collection: The City of Kalispell will not provide solid waste disposal service to the annexed territory for a period of at least 5 years, consistent with the provision of 7-2-4736, M.C.A. The City does have the capacity and equipment to handle the needs of this site at the time it becomes eligible for municipal service. Police/Fire: Cityof Kalispell Police Department and Fire Department will be available to serve the tract upon annexation. They will be able to provide "service" to this property on the substantially same basis and in the same manner in which this service is currently provided to the rest of the municipality. EXTENSION AND FINANCE STRATEGIES: The cost of extending such public services as police and fire protection are expected to be negligible until such time as the property is developed. The general source of money to extend these types of services is from the general tax revenues received from this property and other properties inside the City limits. individual improvements to the property, including the paving of streets, the extension of the water line, sewer line, and stormwater management improvements will be the responsibility of the landowner. Any area -wide improvements relative to a comprehensive storm drainage system will be financed in part by the residents of the entire municipality and in part by special assessments for that purpose. FA ... \KA94-2ES.KLR 0 R 1 4E KVI TON I 30 I i c )2 P1 'J ,c 27 S t J � • ZI A 14 zo Is - /V y • Y{Soy , ' " a �: R -- I 3 \ mot` • S. .1\� *Ljcx s I p.114 .. _ •r �, y ` 'ti i 10' II ' ,� I a• to „ . • 1 ADC dr f L 4 •� • —l -� P1 �- } 60 EXHIBIT I I rff Limils 3 pw A EXHIBIT B A tract of land in Government Lot I of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the intersection of the Southerly line of a County Road and the Westerly line of U.S. Highway No. 93; thence along the Southerly line of the County Road North 8903713011 West a distance of 219.76 feet to a point; thence North 005912211 West a distance of 8.88 feet to a point; thence North 8905114411 West a distance of 187.45 feet to a point; thence North 8905214211 West a distance of 403.47 feet to the Northwest corner of that parcel shown on Certificate of Survey No. 6761, which point is on the Southerly line of a County Road, and which point is the True Point of Beginning; thence along the Southerly line of the County Road South 8905214211 East a distance of 60.00 feet to a point; thence leaving the Southerly line of the road South 002013011 West a distance of 231.00 feet to a point; thence South 8904813411 East a distance of 750.84 feet to the Westerly line of U.S. Highway No. 93; thence along the Westerly line of the Highway South 002111211 West a distance of 307.32 feet to a point; thence North 8905714011 West a distance of 407.33 feet to a point; thence North 8905114811 West a distance of 403.45 feet to a point; thence North 002012911 East a distance of 539.71 feet to the point of beginning. Parcel B of Certificate of Survey No. 7966.