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04. Resolution - Hird AnnexationFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 June 19, 1995 Phone: (406) 758-5780 40 758-5781 Bruce Williams, City Manager Fax: ( � City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Recommendation of Zoning for Hird Addition No. 266 Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met on June 13, 1995, and held a public hearing on the following agenda item: A request by the City of Kalispell on behalf of Deborah Hird for annexation to the City of Kalispell with an initial zoning classification of RA-1 (Low Denisty Multi -Family Residential). The parcel contains approximately 0.5 acres located approximately 150 feet east of 5th Avenue East and 1,000 feet south of 18th Street East. The property is that portion of the NE4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. John Parsons reviewed the statutory criteria for a zone change and recommended the zone classification of RA-1 upon annexation of the property be granted. No one spoke either in favor or in opposition to the requested zone upon annexation. After adopting the findings of fact in report #KA-95-6, the Board acting as the Zoning Commission, voted unanimously to recommend that the requested RA-1 zone be granted upon annexation of the subject property. This recommendation for zoning is forwarded to the City Council for final action. Council needs to wait for the minutes of the Planning Board meeting prior to taking final action on this matter. However, this does not preclude discussion at Council workshop. Please contact the Commission or the FRDO if you have any questions. Respectfully submitted, KA SPELL CJXY-CO NTY PLANNING BOARD AND ZONING COMMISSION 1 - tL Therese Fox Hash President TFH/JPP/eo Attachments: FRDO Report #KA-95-6 & Packet Minutes of 6/13/95 meeting forwarded separately c: Mayor Doug Rauthe c w/o Att: Deborah Hird F:\...\TRANS MIT\KALIS PEL\KA-95-6.266 Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish HIRD ADDITION NO. 266 - CITY ZONE REQUEST R-4 (COUNTY) TO RA-1 (CITY) FROG CITY ZONE REPORT #KA-95-6 .TUNE 1, 1995 The City of Kalispell on behalf of Deborah Hird has petitioned for annexation of a tract of land into the city limits of Kalispell. This is a report to the Kalispell City - County Zoning Commission and Kalispell City Council. This report evaluates the assignment of a City zoning classification as it relates to annexation in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. PROPOSED ZONING CLASSIFICATION The applicant has petitioned for a zoning classification of RA-1 (Low density Residential Apartment). Presently, the property is zoned County R-4, under the Flathead County Zoning Regulations. The Kalispell Zoning Ordinance defines the intent of the RA-1 Classification as follows: A residential apartment district to provide areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services and shopping districts. BACKGROUND INFORMATION PETITIONER: City of Kalispell, on behalf of Deborah Hird 305 - 5th Avenue East Kalispell, MT 59901 SIZE AND LOCATION: The property is approximately 0.5 acres located on the southeast side of Kalispell, approximately 150 feet east of 5th Avenue East and 1,000 feet south of 18th Street East. This site is Tract 4AAA in the NE 1/4, of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The property is more particularly described in Exhibit "A". LAND USE AND ZONING: A small portion of the westerly part of the property is currently in the City, and zoned RA-1; the easterly majority of the property (the area to be annexed) currently has a house and accessory buildings on it, and zoned County R-4. North, south, and east (zoned County R-4) is developed with residences, west is zoned City RA-1 and is developed with residences. 5th Avenue East Is a local City road developed with two paved lanes and provides primary access to the property. AVAILABILITY OF PUBLIC SERVICES: City services are available in and to the general area. A separately prepared "Extension of Services Plan" discusses the provision of public services to this property. BACKGROUND: When the city originally annexed the land area along 5th Avenue East and assigned an RA-1 zoning classification, the city annexed a strip only 150 feet deep. in the case of the applicant, this 150 foot depth severed their lot. That is, the western portion is in the city and zoned RA-1. The eastern portion of the lot is zoned County R-4 (Two family residential). The applicant is requesting to bring the balance of the tract into the city with the same RA-1 zoning. EVALUATION BASED ON STATUTORY CRITERIA 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 as "High Density Residential". RA-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. If the property is redeveloped it would be in a manner that is consistent with the existing City RA-1 zone in the area. In addition, the Master Plan for this area calls for this property to be developed with RA-1 type development. A private easement provides access to Sth Avenue East which provides the only access to the site from the north. Will The Requested Zone Secure Safety From Fire, Panic And Other Danqers? 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 N review processes help ensure that development of the property subsequent to the zone change is done in a safe manner. In addition, 5th Avenue East is a through street. No significant negative impact is expected. Will The Reauested 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 RA-1 would have little or no impact. Any traffic generation that the proposed change allows would be mitigated at the time of redevelopment of the property. Any specific impact to stormwater runoff, sewers, and water would also 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. 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, clearvision setback, roadway improvements, etc.) would ensure that light and air are adequately provided. Any development beyond a duplex would also require approval of a Conditional Use Permit. 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. A Special Improvements District is being created to install sewer in 5th Avenue East. This sewer would prevent the degradation of the environment byseptic system contamination, thus limit any impacts due to overcrowding of the land. The Subdivision, Zoning, and Building regulations control 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 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 zoning and its regulations 3 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 Requirements? The additional demands for transportation, water, and sewer will be evaluated pursuant to individual development proposals; infrastructure exists, or can be provided, in the vicinity which should be able to serve development/redevelop- ment of this property. Schools and parks would not be significantly more Impacted under the existing County zone than would be under the proposed City zone. The proposal exists close to these services and would impact those services to a lesser degree than If the change In zone were to occur further away. 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 RA-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 proposal. 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-4 to the City RA- 1 zone will not significantly Impact, erode, or devalue the neighborhood beyond the type of uses that are currently allowed by existing zoning 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. 51 SUMMARY The tract of land is just over one half acre in size. It has limited access to 5th Avenue East. The applicant desires to receive city services and must annex to the City of Kalispell. The RA-1 zone requested abuts existing RA-1 zoning, a portion of the lot is already annexed to the city and zoned RA-1. In addition, the requested zoning complies with the City -County Master Plan. The proposed RA-1 zone would allow, with the adequate provision of sewer, water and access, approximately 7 housing units. The existing R-4 zoning would allow a theoretical density of 6 housing units (3 duplexes on individual lots). Several serious problems currently limit increased intensity development of this lot including limited access for anything greater than a single family house, the unusual triangular shape and the lack of community sewer. RECOMMENDATION 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 RA-1 zone classification upon annexation. F:\...\KA95-6ES. HRD 9 EXHIBIT A LAIRD ADDITION NO. 266 The property is that portion of the NE1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the north 1/4 corner, Section 20; thence along the West line of the Northeast 1/4 South 0003'00" East a distance of 556.4 feet to the point of beginning; thence continuing along the West line of the Northeast 1/4; South 0103'00" East a distance of 263.31 feet to a point; thence North 39041'01" East a distance of 281.04 feet to a point; thence North 75020'03" West a distance of 185.74 feet to the point of beginning. 0 HIRD ADDITION NO. 266 ANNEXATION EXTENSION OF SERVICES PLAN ADDENDUM TO CITY RESOLUTION #3838 PREPARED BY THE FLATHEAD REGIONAL DEVELOPMENT OFFICE TUNE 1, 1995 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 Hird Addition No. 266 annexation. EXISTING SERVICES: Water: The City has a 6 inch water line in Sth Avenue East. This main should have sufficient capacity to serve this site. Sewer: No sewer currently exists to serve this site. Sewerage is handled by onsite disposal methods. Storm Drainage: No storm drain system exists in the area. Streets: 5th Avenue East is developed as a two lane local street with access to 18th Street East and north into Kalispell Garbage Collection: Available by contract from private companies. Police Protection: Currently the Flathead County Sheriff's Department. Fire Protection: South Kalispell Fire Department. VA ANTICIPATED SERVICE NEEDS: Water: A six inch water main exists in Sth Avenue East to serve the property. If, upon redevelopment of this property, this main is not of sufficient capacity to serve the new development, a water main must be extended to connect with a main of sufficient capacity to serve this property or other alternative be installed. Capacity and any extensions would be evaluated at the review stage of any development permit. Sewer: Sewer does not exists to this site. Currently, septic systems are used in this area. A Special Improvements District is currently being formed to Install a sewer main in Sth Avenue East. When sewer is Installed it would allow the area to develop with more Intensive land uses. Storm Drainage: Retention and/or disposal of storm water will be evaluated during the review phase of any proposed development. Storm drainage would be handled onsite at the time of development. Streets: Sth Avenue East is a two lane road in a 60 foot ROW and of sufficient size to accommodate any additional traffic loads development of this site would produce. Garbage Collection: The City has the capacity and equipment to handle the needs of this site at the time it becomes eligible for municipal service. Police/Fire: City of 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 substantially the 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. 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. A Special improvements District is being formed to bring a sewer main to this area. This sewer main extension would be paid for by the property owners who are a part of the district and those who hook into the main. Individual improvements to the property, including the extension of water lines, sewer lines, and stormwater management improvements, will be the responsibility of the developer/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 ... tKA95-6ES.HRD 8 The City of Kalispell Incorporated 1892 Building Department Brian J_Wood Zoning Administrator April 20, 1995 John Parsons Flathead Regional Development Office Courthouse East 723 5th Avenue East Kalispell, MT 59901 Re: Annexation, Assign -menu or Zon'ng Requests Dear Mr. Parsons: Telephone (406) 758-7730 248 3rd Avenue East PO Box 1997 Zip 59903 Fax (406) 758-7739 APP, Enclosed are two Consent To Anne.. Agreements, each with legal description, vicinity map and list of property owners within 150 feet. Please schedule a public hearing before the city -county planning board/zoning commission on the zo-ning requests for June 13, 1995. These annexations are a result of the city -initiated sewer SID on the lower east side of town. If you have any questions, or need anything else let me know. Sincerely, r C)C C..J Brian J. Wood Zoning Administrator c: City Manager Public Works (Zavodny)