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06. Resolution - Myren Annexation723 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 Myren Addition No. 268 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 James and Shana Myren for annexation to the City of Kalispell with an initial zoning classification of R-3 (Urban Single Family Residential). The property is known as Parcel 5, Certificate of Survey 2031. The property is located approximately 110 feet west of Garland Street approximately 1,000 feet north of Three Mile Drive, access from Garland Street is provided by a 20 foot easement along the north side of Lot 9, Block 8 of Sunset Addition Number 4. The property is located in a portion of the SE4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. John Parsons reviewed the statutory criteria for a zone change and recommended the zone classification of R-3 upon annexation of the property be granted. The applicant and his representative spoke in favor of the zone request upon annexation into the City, in order to build a single family residence on the subject property and utilize city services. An adjacent property owner had concerns regarding the utility and road easement, but had no objection to the Myrens building a home on the property. There were no other speakers either in favor or in opposition to the requested zone upon annexation. The Board discussed the public testimony and explained that easements are a separate issue from the zoning. The Board acting as the Zoning Commission, voted unanimously to adopt the findings of fact in report #KA-95-8, and recommended that the requested R-3 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, KAL PELL CIT -CO NTY PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JPP/eo Attachments: FRDO Report #KA-95-8 & Packet Minutes of 6/13/95 meeting forwarded separately c: Mayor Dou Rauthe roviding Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish MYREN ADDITION NO. 268 - CITY ZONE REQUEST a 0 • -- l ! CITY ZONE• s James and Shana Myren have petitioned the City of Kalispell 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 R-3 (Urban Single Family Residential). Presently, the property is zoned County SAG-10, under the Flathead County Zoning Regulations. The Kalispell Zoning Ordinance defines the intent of the R-3 Classification as follows: A residential district to provide lot areas for urban development. This development must be served by all public utilities. PETITIONER: James and Shana Myren 385-3rd Avenue East North Kalispell, MT 59901 SIZE AND LOCATION: BACKGROUND INFORMATION REPRESENTATIVE: Tim Stracener Benchmark Homes PO Box 7067 Kalispell, MT 59904 The property is approximately 1.4 acres located on the northwest side of Kalispell, 110 feet west of Garland Street approximately 900 feet north of Three Mile Drive. This site is Assessors Tract 5AH, in the SE 1/4, of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The property is specifically described as Parcel 5 of Certificate of Survey 2031. GENERAL LAND USE CHARACTER: The property consists of a single parcel of land which is currently vacant. North is zoned City P-1 and is designated as a park but has yet to be developed, east is zoned R-3 with residences. South and west is zoned County SAG-10 with scattered residences. Garland Street is a paved two lane road which provides access to a driveway easement which in turn provides access to the site. 1 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 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 Urban Residential. R-3 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. The property is situated in a manner which should preclude subdivision of the property at this time. If subdivision should be requested in the future, street extensions that do not currently exist would need to be constructed. in addition, the Master Plan calls for R-3 density of this area and the requested zone simply extends the existing R-3. No significant additional traffic is expected as a result of 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. Any further 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. While a single driveway access easement is the only access, only one single family residence could be constructed on this parcel. Access to this parcel would need to be constructed in such a manner as to not be obstructed when a drainage that currently exists on the property flows. 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 health and welfare and does so by implementing the City -County Master Plan. The City -County E Master Plan would support the requested zone change. Designation of this area as R-3 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 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, etc.) would ensure that light and air are adequately provided. This is a large single parcel that would only allow a single dwelling to be constructed on it. No significant negative impact is expected. 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 control the intensity requirements that a property can be developed with. only one dwelling on this 1.4 acres could be constructed at this time. 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 could potentially 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 with adequate infrastructure. 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 Reauirements? The additional demands for transportation, water, and sewer will be evaluated pursuant to individual development proposals; existing infrastructure exists in the 3 vicinity which should be able to serve development of this property. Because this Is a single parcel of land that could be developed under the existing County regulations with one dwelling and under the City regulations with one dwelling no impact to any of these Issues is expected beyond what would occur under the County. 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-3 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 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, 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. There are no known uses that would be affected by this zone. A change from County SAG-10 to the City R-3 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. 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 identify this area for residential uses. The change would encourage the most appropriate use of the land. No significant negative Impact is expected. DISCUSSION AND RECOMMENDATION Existing residential development encompasses the area. This zone change would facilitate an orderly development of related uses. It is staffs' opinion that the proposed R-3 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 and is anticipated by the Master Plan. 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 zone change upon annexation. 0 EXHIBIT A MYREN ADDITION NO. 268 ANNEXATION EXTENSION OF SERVICES PLAN ADDENDUM TO CITY RESOLUTION #3838 PREPARED BY THE FLATHEAD REGIONAL DEVELOPMENT OFFICE JUNE 11 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 Myren Addition No. 268, annexation. EXISTING SERVICES: Water: A municipal water line exists in Garland Street. The City has sufficient capacity to serve this site when the extension is made. Sewer: An sanitary sewer line exists in Garland Street. The City has sufficient capacity to service this property when extensions are made. Storm Drainage: No area wide storm drainage system exists in the area. Streets: Garland Street is a two lane paved street with sufficient capacity to serve this site. An existing 20 foot access easement is provided across the north 20 feet of Lot 9, Block 8 of Sunset Addition. This easement was created in June, 1993. This access is adequate for a single family residence but does not meet City Standards for any increased development. Garbage Collection: Available by contract from private companies. Police Protection: Flathead County Sheriff's Department. Fire Protection: West Valley Fire Department. Water: Water supply would be able to be extended to the property from the water main in Garland Street. Specific capacities and extensions would be evaluated at the review stage of any development permit. Sewer: Sewer would be flow into the main under Garland Street and would feed into the City's sewerage disposal plant. This disposal system would be evaluated during the review phase of any development permit. Storm Drainage: On -site retention and/or disposal of storm water will be evaluated during the review phase of any proposed development. Currently a drainage exists at the westerly easterly end of the proposal. Any development of this property would need to take Into account this drainage. Streets: Garland Street Is a two lane paved road with sufficient capacity to serve this site. A 20 foot access easement exists across the northerly 20 feet of Lot 9, Block 8, of Sunset Addition. This access Is adequate for construction of a single family residence. 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 the substantially 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. Individual improvements to the property Including the extension of the water line, sewer line, 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...\KA95-8ES.MYR C1 `�• 1cia�t1ly S C. � �+ w• L 1 V � ` j ' � 0-�7- AZO tnCsaT L1aC� allt C COUNTY SA . tOLA r f ( �) oy� I ( tee` tl.x f 1 .. .• • �i 3 14 SAP .. :1�.1 • J.� r iI%.�.. ta +. t'^»�`a..'�"• +, '� iJC.T)C rQ7f21tt - � V • ' - .. 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Sunday, April 30, 1995 John Parsons Flathead Regional Development 723 5th Ave. East Room 414 Kalispell, Montana 59901 Dear John: On behalf of my clients Jim and Shana Myren I would like to request that the property described below be annexed into the City of Kalispell. The purpose for this request is to secure permission to build a new single family residence on the parcel, and hook up to the adjacent city water and sewer. I have received permission from Robert Babb, Public Works Director, to connect to city services provided that I secure an annexation permit from the City of Kalispell. I am also submitting a "Petition For Zoning Amendment City of Kalispell' with this letter. Property Legal Description: Proposed Land Use: Requested Zoning Classification: Thank you for your consideration. Sincerely, S Tim Stracener TR 5AH in SW4 SE4 8-1 TN-28 R-22 Commonly described as Parcel 5 of COS 2031 Single Family Dwelling Change from County SAG 10 to City R-3 THE IYIARK OF DISTr CTION HOMES P.G. Sox 70C-7 Ka.._, a;l- MT 59901 Phone: 4C6-257-93C0 Fax: 406-257-9301