Loading...
06. Resolution 4160 - Ashley Park AnnexationRESOLUTION NO. 4160 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 IN EXHIBIT "A", TO BE KNOWN AS ASHLEY PARK ADDITION NO. 258; TO ZONE SAID PROPERTY TWO FAMILY 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 Dennis Carver and Gaylon Owens, the owners of the property described in Exhibit "A", attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Ashley Park Addition No. 258, City Zone Request, KA-94-5, dated June 27, 1994, 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 Two Family 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: 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 "Urban Residential", with a maximum density of 8 dwelling units per acre. R-4 is considered in compliance with the Master Plan. Does the requested zone lessen congestion in the streets? Congestion in the street is caused by an overburden on the street traffic. 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. The property is currently subdivided in a manner which precludes any further subdivisions. No additional traffic would be generated by this zoning designation. 1 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 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 zone 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 Master Plan. The City's 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 which would have access to the Alternate Highway 93 route. Any impact to stormwater runoff, sewers, and water would be addressed at the time of 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. 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) would ensure that light and air are adequately provided. Will the requested zone prevent the overcrowding of land? Overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the F, 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 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. 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 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 requirements? The additional demands for transportation, water and sewer will be evaluated pursuant to individual development proposals. Because of the types of uses permitted in the zone schools and parks should not be significantly impacted. 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. Does the requested zone give reasonable consideration to the character of this district? The properties in question are well suited for the type of development anticipated under the requested zone because of the topography, access, regional location, and size of the proposal. No significant negative impact is expected. 3 Will the proposed zone conserve the value of the buildings? The subject request would not significantly 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 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. 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 "B" and thereby made 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 Ashley Park Addition No. 258, 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, Ashley Park Addition No. 258 is included within and conforms to the Kalispell City -County Master Plan, and 4 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 in Exhibit "A", attached hereto and thereby made a part hereof, 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 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 Two Family Residential, R-4. 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 , 1994. ATTEST: Amy H. Robertson Finance Director 5 Douglas D. Rauthe, Mayor EXHIBIT "A" SOUTHEASTA TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE * , COUNTY,• MORE DESCRIBED AS F• * • Commencing at the northwest corner of the Northeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.K.,M., Flathead County, Montana; Thence N88°38131"E and along the north boundary of said NE1/4SE1/4 a distance of 472.00 feet to a set iron pin and THE TRUE POINT OF BEING OF THE TRACT OF LAND D Thence continuing N88°38131"E 221.01 feet to a found iorn pin; Thence N23°40107"E 76.23 feet to the approximate thread of Ashley Creek; Thence S66619153"E along said thread 163.27 feet to a point on said north boundary of the SE1/4; Thence leaving said thread N88°38131"E and along said boundary 217.53 feet to a found iron pin; Thence S00°02109"E 232.18 feet to a found iorn pin; Thence S88 51'29"E 216.99 feet to a found iron pin on the westerly R/W of a 60 foot county road known as Airport Road; Thence S00402109"E and along said R/W 111.05 feet to a set iron pin on the southerly R/W of a 66.00 foot road known as Teal Drive; Thence S88°38131"W and along said southerly R/W 89.60 feet to a set iron pin and the P.C. of a 294.00 foot radius curve, concave northeasterly, having a central angle of 26°02119"; Thence along an arc length of 133.61 feet to a set iron pin; Thence N65°19110"W 112.33 feet to a set iron pin; Thence leaving said R/W S01 ° 21 ° 29"E 386.58 feet to a set iron pin; Thence S88°381311'W 560.00 feet to a set iron pin; Thence N01°21129"W 553.00 feet to a set iron pin on the northerly R/W of said Teal Drive; Thence-N88°38'31"E and along said northerly R/W 52.00 feet to a set iorn pin; Thence leaving said R/W N01 21'29"W 107.03 feet to the point of beginning and containing 9.785 ACRES; Subject to and together with all appurtenant easements of record. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: ASHLEy PARK- PHASE 1 EXHIBIT "B" PREPARED BY THE FRDO JUNE 27, 1994 - - --------------------------- - ------ I EXISTING SERVICES: Water: A municipal water line will need to be extended to serve this property. The City has sufficient capacity to serve this site when the extension Is made. _sewer: Sanitary sewer will need to be extended to service this property. The City has sufficient capacity to service this property when extensions are made. Storm Drainage: Storm drainage will outlet into Ashley Creek north of the property. _streets: Airport road Is a two lane paved collector with sufficient capacity to serve this site. Garbage Callection: Available by contract from private companies. Police _Protection.- Currently the Flathead County Sheriffs Department. FireProtection: West Valley Volunteer Fire Department. Water: Water supply would be able to be extended to the property from the water line north In Airport Road. 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. Sewer: Sewer would be collected In a conventional gravity flow system which would feed into the City's sewerage disposal plant northeast of the site. This disposal system would be evaluated during the review phase of any development permit. Storm Drainaqe: On -site retention and/or disposal of storm water will be evaluate during the review phase of any proposed development. I 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 type 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. 112 723 5th Avenue East - Room 414 Kalispell, Nlontana 59901 July 14, 1994 Phone: (406) 758-5780 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Recommendation of Zoning for Ashley Park Addition No. 258 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 Dennis Carver and Gaylon Owens for annexation to the City of Kalispell with an initial zoning classification of R-4 (Two Family Residential). The parcel contains approximately 9.8 acres located on the west side of Airport Road nearly 1,000 feet sout of 18th Street. The site has access onto Airport Road. The property will also be known as Ashley Park Subdivision, Phase I. It is further described as being in the SE4NE4 and the NE4SE4 of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. During the public hearing, no one spoke either in favor or in opposition of the requested zoning classification. The Board questioned whether the property owner on the corner had been contacted to voluntarily annex. Staff replied that it was essentially an island and the City could initiate annexation. By unanimous vote, the Commission adopted FRDO Report #KA-94-5 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, ISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION 1.1i� amela B. e� edy Vice -President PBK/JPP/eo Attachments: FRDO Report #KA-94-5 & Packet c: Mayor Doug Rauthe c w/o Att: Dennis Carver & Gaylon Owens 1995 3rd Ave East Kalispell, MT 59901 F:\...\TRANS MIT\KALISPEL\KA-94-5.258 Providing Community Planning Assistance To: • Flathead County * City of Columbia Falls * City of Kalispell e City of Whitefish e ASHLEY PARK ADDITION 1 REQUEST R 4 (COUNTY) D'M CITY ZONE REPORT, +4 Dennis Carver and Gaylon Owens have 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. The applicant has petitioned for a zoning classification of R-4 (Two Family Residential). Presently, the property is zoned Residential County R-4 under the Flathead County Comprehensive Zoning Regulations. The Kalispell Zoning Ordinance defines the intent of the R-4 Classification as follows: A residential districtwith minimum lot areas. Development within this district will require all public utilities, and all community facilities. Two family dwellings are permitted in this district. s Dennis Carver and Gaylon Owens 1995 - 3rd Ave East Kalispell, MT 59901 SIZE AND LOCATION: The property is roughly 9.8 acres located approximately 1,000 feet south of 18th Street West on the west side of Airport Road. The property is also known as Ashley Park Subdivision, Phase 1 (formerly Ashley Meadows subdivision). 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 currently used for agricultural purposes. North (zoned City R-4) is being developed as South Meadows Subdivision, Ashley Creek, and Begg Park; east (zoned County 1-2 and SAG 10) is developed with the sewage treatment plant and agriculture; to the south (zoned County SAG 10) is a house and agriculture; and to the west (zoned County SAG 10) is agriculture. Airport Road is a paved two lane road which will provide access to the site. 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. EVALUATION EASE[ ON STATUTORY CRITERIA The statutory procedure far 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 "Urban Residential", with a maximum density of 8 dwelling units per acre. R-4 is considered in compliance with the Master Plan. Does The Requested zone Lessen Congestion in the Streets? Congestion in the street is caused by an overburden on the street traffic. The zone in this case would not cause undo congestion because traffic generation is a function of the number of dwelling units that are allowed within a given area. The t property is currently subdivided in a manner which precludes any further subdivisions. No additional traffic would be generated by this zoning designation. 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 Master Plan. The City's 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 which would have access to the Alternate Highway 93 route. Any impact to stormwater runoff, sewers, and water would be addressed at the time of development proposals. 0 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. Will The Reauested 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) would ensure that light and air are adequately provided. 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 which would not happen. 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 Requirements? The additional demands for transportation, water, and sewer will be evaluated pursuant to individual development proposals. Because of the types of uses permitted in the zone schools and parks should not be significantly impacted. 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. P 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 significantly 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. 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 FRIDO staff report as findings of fact and forward a favorable recommendation to City Council for the requested zone change upon annexation. FA... KA\KA94-5ES.APK El I'o9:S0�Si �E2Is3�S+'•SS�_4�ST(54+39��O�i(��s2 is `i</e3 �6 � 1F�_ —T__ ' j � !J(J( ( � •l'� H E.v � Wit\ g 1 �\ �� i� a 1 r•J � iE5C:9 _..� i f uu} tr S:Ii37,is .S'!S<.1331, i2'19 uS}n CS 1. /I Z3 ���tj; `• G L-EC its >\ so f v (Fr F /t ; ji1 \ 1 f' Ca .:AOEM WAY !T � 30}!t wr ! 4t S9 �.. f• _ —�'i r 39i3- g- ^SAEj�I�rj`�lE✓; I^ IN 21i ' 3•! !3 :OT llOd I �C3 tO0 � � lit S��r7 G ua �g ail 671 41 1 $ 0 -t j 75 TT i •_,,,..�^� ,,,,BSI+ L �- ,!`1. saurx WE,:Dcws 7�ai�E �• ,r ait3 ! a 2a u 2EAP-(ZE40 : 2E .0 2F P 9 !AA u I a / R e rt 3A 20 z ASHLEY PARK PHASE I KEITH-SM M-4 TR.1C', S FXHTBTT "A"