05. Resoluton - Boller Annexation11111 Jill
N i',i r•� i �' 1i i
723 5th Avenue East - Room 414
Kalispell, Montana 59901
June 19, 1995
Phone: (406) 758-5780
Bruce Williams, City Manager Fax: (406) 758-5781
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Recommendation of Zoning for Boller Addition No. 265
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 Rex Boller for annexation to the
City of Kalispell with an initial zoning classification of RA-1 (Low Denisty
Multi -Family Residential). The parcel contains approximately 18,300 square feet
located approximately 150 feet east of 5th Avenue East and 400 feet south of
14th Street East. The site is the east 150 feet of Tract 4J in the SW4 of
Section 17, 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 a brief discussion on the proper legal notification of adjacent property owners,
the Board acting as the Zoning Commission, voted unanimously to adopt the findings
of fact in report #KA-95-5, and 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,
KALIP LL CITE-COU TY PLANNING BOARD AND ZONING COMMISSION
v' w-
Therese Fox Hash
President
TFH/JPP/eo
Attachments: FRDO Report #KA-95-5 & Packet
Minutes of 6/13/95 meeting forwarded separately
c: Mayor Doug Rauthe
c w/o Att: Rex Boller
F:\...\TRANS MIT\KALI S PEL\KA-95-6.266
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
BOLLER ADDITION NO. 265 - CITY ZONE REQUEST
R-4 (COUNTY) TO RA-1 (CITY)
FRDO CITY ZONE REPORT #KA-95-5
JUNE 1, 1995
The City of Kalispell on behalf of Rex Boller 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
Rex Boller
33 - 2nd Street East
Kalispell, MT 59901
SIZE AND LOCATION:
The property is approximately 18,300 square feet located on the southeast side of
Kalispell, approximately 150 feet east of 5th Avenue East and 400 feet south of 14th
Street East. This site is the east 150 feet of Tract 4.1 in the SW 114, of Section 17,
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:
The west half of the property is currently in the City, has a house on it and is zoned
RA-1; the east half of the property (the area to be annexed) is currently vacant and
zoned County R-4. North, south, and east (zoned County R-4) is developed with
residences, west is zoned City RA-1 and has a house on it. 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 applicants, this 150 foot depth severed their lot in half. That Is, the
west half is In the city and zoned RA-1. The east half of the lot Is zoned R-4 (Two
family residential) and still lies in the County. The applicant is requesting
permission to bring the east half of the tract into the city with the same RA-1
zoning that already exists on the west half.
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. Because the area to be annexed is part of an existing single tract
under single ownership, they must be developed together. The area to be
annexed contains 18,300 sq. feet. Both portions of the tract contain 36,600 sq.
feet. If the entire tract were rezoned RA-1, the site could accommodate a
maximum of 12 dwelling units. Under the present splitzoning the ownership could
accommodate 10 dwelling units, 6 units on the RA-1 zone in the City and 4 units
configured as two duplexes on the R-4 lot in question. The net effect of increasing
density from a potential maximum of 10 units to 12 is considered negligible in this
location. if the property is subdividedideve loped it would be in a manner that is
consistent with the existing City RA-1 zone in the area. in addition, the Master Plan
2
for this area calls for this property to be developed with RA-1 type development,
and 5th Avenue East in this location is a through street.
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. 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
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 Requested 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 development. Any 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
(Le.: parking, landscaping, clear vision 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 by septic system contamination and
help 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.
3
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
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; existing infrastructure exists, or can
be provided, in the vicinity which should be able to serve
development/redevelopment of this property. Schools and parks should not be
any more impacted under the existing County zone than would be under the
proposed City zone. 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 or that exist in the area as this is a
residential zone. No significant negative impact is expected.
E
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.
Kliif,Iit, "
The request complies with the master plan, conforms to adjacent zoning, avoids
confusion and supports coordinated development by maintaining a single zoning
classification on a piece of land and would not unduly impact adjoining services or
facilities.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt this FROG staff report as findings of fact and forward a favorable
recommendation to City Council for the requested zone upon annexation.
F:\...\KA95-5ES.BLR
5
That portion of the SW1/4 of Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, described as follows: Commencing at the Southwest
corner of Block 248 of Kalispell Townsite Company's Addition Number Seven to
Kalispell, Montana, according to the map or plat thereof on file and of record in
the office of the County Clerk and Recorder of Flathead County Montana; thence
on a line which is the southerly continuation of the westerly line of said Block 248,
South 13049' East a distance of 366.00 feet to a point; thence 76011' East and
parallel with the southerly boundary of said Block 248 a distance of 150 feet to the
point of beginning; thence continuing North 760 11' East a distance of 150 feet to
a point; thence South 13049' East and parallel with the westerly boundary of said
Block 248 a distance of 122.00 feet to a point; thence South 76011' West and parallel
with the southerly boundary of said Block 248 a distance of 150.00 feet to a point;
thence North 13049' West and parallel with the westerly line of said Block 248 a
distance of 122 feet to the point of beginning.
9
BOLLER ADDITION NO. 265 ANNEXATION
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION #3838
PREPARED BY THE
FLATHEAD REGIONAL DEVELOPMENT OFFICE
JUNE 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 Boller Addition
No. 265 annexation.
EXISTING SERVICES:
Water: The City has a 6 inch water line in 5th Avenue East. This main should have
sufficient capacity to serve this site.
Sewer: No sewer currently exists to serve this site.
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 14th Street East.
Garbage Collection: Available by contract from private companies.
Police Protection: Currently the Flathead County Sheriff's Department.
Fire Protection: South Kalispell Fire Department.
7
l *NZMDP �
Water: Water supply exists to the property from the water line in 5th Avenue East.
If, upon redevelopment of this property, this main is not of sufficient capacity to
serve the 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 5th 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: 5th Avenue East is a two lane road in a 60 foot right-of-way and of
sufficient size to accommodate any additional traffic loads development of this site
would produce. The site could accommodate 12 units which would generate
approximately 80 vehicle trips per day.
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 types of
services is from the general tax revenues received from this property and other
properties inside the City limits. A Special Improvements District is proposed for
the installation of a sewer main in Sth Avenue East. This SID is paid for by the
property owners who would receive sewer service. Individual improvements to
the property, including the extension of water lines, sewer lines, and stormwater
management improvements, will bethe 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.
F:\...\KA95-SES.BLR
�i
The City or Kalispell
Incorporated 1892
Building Department
Tian J_Wood
Zoning Administrator
April 20, 1995
John Parsons
Flathead Regional De°;e'_opmen= Off-fice
Courthouse East
723 5th Avenue East
Kalispell, MT 59901
Re. Annexation, P.ssi n— enc o, Z-cn_ng Requests
Dear Mr. Parsons:
Teleplione (406) 7_58-7730
243 3rd Avenue East
PO Box 1997
Zip 59903
Fax (406) 753-7739
AFri 2
`. cr- lcz
Enclosed are two Consent To ==---_ Agreements, each with legal
description, v_ci_.i =y rzaa_ ., na of property owners within 150
feet. -
Please schedule a public heng ;oefore the city -county planning
board/zoning commission on the zc-.-ng requests for June 13, 1995.
These anne_.ations are a o= the city -initiated sewer STD on
the lower east side of town.
Ir you have any quest_cr_ , cr nee:: anything else let me know.
Sincerely,
r D CQ
"') . �.�( J
Brian J. Wood
Zoning Administrator
c: City Manager
Public Works (Zavodny)
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