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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) t 'i► • - ,�rf� it � ��► �` .'