07. Resolution 4161 - Keller Addn AnnexationRESOLUTION NO. 4161
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 KELLER ADDITION
NO. 259; 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
Charles E. Keller, the owner 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 Keller Addition No. 259, City Zone Request, KA-94-2,
dated June 29, 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
"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
r'
1
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 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 -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.
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. No
significant negative impact is expected.
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
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
2
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. 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. 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 requirements?
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.
Does the requested zone give reasonable consideration to
the character of the 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.
3
Would the proposed zone conserve the value of 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 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 Keller Addition No. 259, 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, Keller Addition No. 259 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
EY,HIBIT "A"
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 89*3713011 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 89115114411 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.
723 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 2K, 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 CITY- COUN Y PLANNING BOARD AND ZONING COMMISSION
��aala�en9eody
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:\...\TRANS MIT\KAL I S P E L\KA-94-2.259
cfr
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish 9
KELLER ADDITION NO. 259 - CITY ZONE REOUE
SAG 10 (COUNTY) TO R-4 (CITY)
FRDO CITY ZONE REPORT #KA-94-2
JUNE 29, 1994 1
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.
Ilk-101%1*149MO AVRIKOT
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 districtwith minimum lotareaS. Development within this
district will require all public utilities, and all community facilities. Two
family dwellings are permitted in this district.
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 UB" (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.
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 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. No significant negative impact
is expected.
Will The Reauested 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 Requirements?
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.
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 afavorable
recommendation to City Council for the requested zone change upon annexation.
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Columbia Falls
• KaCtspell
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FLATHEAD COUNTY
M Q N T A N A
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VUNITY MAP
CHARLES
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PAU-L J. STOKES & ASSOCIATES
Consulting Engineers