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.
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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