06. Ordinance 1234 - Wallace Zone Change - 1st ReadingRESOLUTION NO. 4246
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, A TRACT
OF LAND DESCRIBED AS LOT 2 OF INSTENESS ADDITION IN THE NE1/4 OF
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS WOODS ADDITION NO. 270; TO ZONE
SAID PROPERTY SUBURBAN RESIDENTIAL, R-1, TO AMEND THE CITY ZONING
MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Ira and Diane Woods, the owners of the property described as Lot 2
of Insteness Addition in the NE1/4 of Section 18, T28N, R21W,
P.M.M., Flathead County, Montana, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Woods Addition No. 270, City Zone Request, #KA-95-10,
dated November 7, 1995, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell and be zoned Suburban Residential, R-1, and
WHEREAS, based upon the report of the Flathead Regional
Development Office and the recommendation of the Kalispell City -
County Planning Board and Zoning Commission, the City Council of
the City of Kalispell finds that the recommended zoning
classification for the territory is appropriate based upon the
following criterion:
Does the _Reauested ZoneComplvwith 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-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. There would be no
net increase in density from County R-1 to City R-1. If
the property is subdivided/developed it would be in a
manner that is consistent with the existing City and
County R-1 zone in the area. In addition, the Master
Plan for this area calls for this property to be
developed with R-1 type development. The most
significant impact would be the required upgrade to the
existing easement to allow this property to be developed
beyond the one single family dwelling. This would be
more thoroughly addressed at the time of subdivision. No
significant negative impact is expected.
Will the Recuested Zone Secure Safety from Fire, Panic
and Other Dancers?
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, Sunnyside Drive is a through street which
provides access to this area with direct access to the
core of Kalispell.
The majority of the property requesting City zoning is in
the designated 100-year floodplain. Development
constraints of the floodplain severely limit the type of
structures that can be developed. Whether the property
is developed in the City or the County the floodplain
would still exist and be governed by the same
regulations.
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 R-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 specific
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.
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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. Any
development beyond one single family residence would
require approval of a subdivision. 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, zoning, building, and
floodplain regulations control the intensity requirements
that a property can be developed with. Adequate
infrastructure is in place in the area 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 zone 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 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.
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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-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
property. 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-1 to the
City R-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.
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 Plafi. 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.
WHEREAS, on the 3rd day of April, 1989 the City Council of the
City of Kalispell adopted, pursuant to Section 7-2-4614, Montana
Code Annotated, an Extension of Services Plan which anticipates
development of City services for approximately five years in the
future, and
WHEREAS, the City has caused to be developed a "mini -extension
of services plan", attached hereto as Exhibit "A" and thereby made
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a part hereof, for the territory by this Resolution annexed to the
City of Kalispell, and
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Woods Addition No. 270, subject to
annexation, including water, sewer, storm drainage, streets,
garbage collection, police protection and fire protection, and
WHEREAS, said "mini -extension of services plan" provides for
financing the extension of municipal services or maintenance of
existing services by utilizing funds allocated and expended,
pursuant to the annual City' -budget without incurring additional
bonded indebtedness, and
WHEREAS, Woods Addition No. 270 is included within and
conforms to the Kalispell City -County Master Plan, and
WHEREAS, the City of Kalispell desires to annex said property
in accordance with Title 7, Chapter 2, Part 46, Montana Code
Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That all the real property as is more
particularly described as Lot 2, Insteness Subdivision in
the NE1/4 of Section 19, T28N, R21W, P.M.M., Flathead
County, Montana, shall be annexed to the City of
Kalispell and the boundary of the City is altered to so
provide.
SECTION II. Upon the effective date of this Resolution,
the City Clerk of Council is directed to make and
certify, under the seal of the City a copy of the record
of these proceedings as are entered on the minutes of the
City Council and file said documents with the Flathead
County Clerk and Recorder.
From and after the date of filing of said documents as
prepared by the City Clerk of Council, or on the
effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and
its citizens and property shall be subject to all debts,
laws and ordinances and regulations in force in the City
of Kalispell and shall be entitled to the same privileges
and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution
shall be zoned Suburban Residential, R-1.
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SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS DAY OF , 1995.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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Douglas D. Rauthe, Mayor
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
November 22, 1995 Fax: (406) 758-5781
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Recommendation of Zoning for Woods Addition No. 270
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met on November 14, 1995, and
held a public hearing on the following agenda item:
A request by Ira and Gene Woods, for annexation to the City of Kalispell with an
initial zoning classification of R-1, Suburban Residential. The property is known as
Lot 2, Insteness Subdivision in the NE 1/a of Section 19, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana. The property is located
approximately 200 feet south of Sunnyside Drive where 6th Avenue West ends.
John Parsons, Senior Planner, reviewed the statutory criteria for zoning and recommended the zoning
classification of R-1 upon annexation of the property be granted. The applicant spoke in favor of
the requested zone upon annexation; no one spoke in opposition. After adopting the findings of fact
contained in FRDO report #KA-95-10 the Board, acting as the Zoning Commission, voted
unanimously to recommend that the requested R-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 FRDO if you have any questions.
Respectfully submitted,
ISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
f�_ 4A
Therese Fox Hash
President
TFH/JJP/dh
Attachments: FRDO Report #KA-95-10 & Planning Board Packet
Minutes of 11 / 14/95 meeting forwarded separately
c. w/o att: Ira and Diane Woods, 604 Sunnyside Dr., Kalsipell, MT 59901
...19951KA95-10.270 Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
WOODS ADDITION NO. 270 - CITY ZONE REQUEST
R-1 (COUNTY) TO R-1 (CITY)
FRDO CITY ZONE REPORT #KA.-95-10
NOVEMBER 7, 1995
Ira and Diane Woods have 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. The
Commission will hold a public hearing on November 14, 1995, beginning at 7:00 pm in the
Council Chambers, City Hall, 312-1st Avenue East and forward their recommendation to the
City Council for final action.
PROPOSED ZONING CLASSIFICATION
This petition is for a zoning classification of R-1 (Suburban Residential). Presently, the
property is zoned County R-1 (Suburban Residential), under the Flathead County Zoning
Regulations. The Kalispell Zoning Ordinance defines the intent of the R-1 Classification as
follows:
A transitional district to provide for estate -type residential development and for
the performance of limited agricultural activities. This district would normally
be located in rural areas and serve as a buffer between urban and unlimited
agricultural uses. These areas are generally beyond the service area of city
municipal sewer and water facilities.
PETITIONER:
Ira Woods
604 Sunnyside Drive
Kalispell, MT 59901
SIZE AND LOCATION:
The property is approximately 4.5 acres located on the south side of Kalispell, approximately
200 feet south of Sunnyside Drive where 6th Avenue West ends. This site is Lot 2 of
Insteness Addition in the NE 1/ of Section 19, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
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LAND USE AND ZONING:
The property is currently vacant and zoned County R-1. North is zoned City R-1 and has a
house on it; south, east and west is zoned County R-1 and is vacant or used for pasture.
Sunnyside Drive is a designated collector developed with two paved lanes and provides access
to a 30 foot easement across the east side of Lot 1, Insteness Addition, to the subject property.
AVAILABILITY OF PUBLIC SERVICES:
City services are available in and to the general area. A separately prepared "Extension of
Services Plan" adopted on November 6, 1995 under Resolution #4241, discusses the provision
of public services to areas to be annexed. Attached is a "Mini" Extension of Services Plan for
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-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. There would be no net increase
in density from County R-1 to City R-1. If the property is subdivided/developed it would be
in a manner that is consistent with the existing City and County R-1 zone in the area. In
addition, the Master Plan for this area calls for this property to be developed with R-1 type
development. The most significant impact would be the any required upgrade to the existing
easement to allow this property to be developed beyond the one single family dwelling. This
would be more thoroughly addressed at the time of subdivision. No significant negative impact
is expected.
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
►A
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, Sunnyside
Drive is a through street which provides access to this area with direct access to the core of
Kalispell.
The majority of the property requesting City zoning is in the designated 100-year floodplain.
Development constraints of the floodplain severely limit the type of structures that can be
developed. Whether the property is developed in the City or the County the floodplain would
still exist and be governed by the same regulations.
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 R-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 specific development proposals.
The zoning ordinance provides a mechanism for public input and review for all zone 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 Re nested 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. Any development beyond one single family residence would require
approval of a subdivision. 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, zoning, building, and floodplain
regulations control the intensity requirements that a property can be developed with. Adequate
infrastructure is in place in the area 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.
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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 zone and its regulations
would ensure that the site is properly developed. No significant negative impact is expected.
Will The Reouested 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 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 Proper
For Particular Uses?
The subject property is well suited for uses permitted within the R-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 property. 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-1 to the City R-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.
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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.
The request complies with the Master Plan, conforms to adjacent zoning, supports coordinated
development by maintaining the same zone classification, 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 FRDO staff report as findings of fact and forward a favorable recommendation to
City Council for the requested zone upon annexation.
F:\...\KA9510ES.WDS
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WOODS ADDITION NO. 270 ANNEXATION
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION #4241
PREPARED BY THE
FLATHEAD REGIONAL DEVELOPMENT OFFICE
NOVEMBER 7, 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 November 6, 1989
(Resolution #4241). This broad -based extension of services plan together with this "mini-pIan"
comprise the Extension of Services Plan for the Woods Addition No. 270 annexation.
EXISTING SERVICES:
Water: The City has an eight inch water main in Sunnyside Drive. This main should have
sufficient capacity to serve this site.
Sewer: The City has an eight sewer main in Sunnyside Drive and should have sufficient
capacity to serve this site. Existing septic needs are met by onsite disposal methods.
Storm Drainage: No storm drain system exists in the area.
Streets: Sunnyside Drive is developed as a two lane street with access to the City core.
Garbage Collection: Available by contract from private companies not currently utilized.
Police Protection: Currently the Flathead County Sheriff's Department.
Fire Protection: Smith Valley Fire Department.
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ANTICIPATED SERVICE NEEDS:
Water: Water supply exists in Sunnyside Drive. If, upon development 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 another alternative be
installed. Capacity and any extensions would be evaluated at the review stage of any
development permit.
Sewer: Sewer exists in Sunnyside Drive. Currently, septic systems are used in this area. A
service main would have to be extended the this property to serve this lot. If upon
development of this property, the existing main is not of sufficient capacity or depth to serve
development, a sewer main or lift station must be provided to connect with a main of sufficient
capacity to serve this property or another alternative be installed Capacity and any extensions
would be evaluated at the review stage of any development permit.
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: Sunnyside Drive is a two lane road and of sufficient size to accommodate additional
traffic loads development of this site would produce. The site at this time could be developed
with one single family residence with access provided by a 30 easement from Sunnyside Drive.
Development beyond a single family residence would require subdivision approval, at that time
right-of-way would be required to be dedicated; current standards are 60 feet.
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. Individual
improvements to the property, including the extension of water mainsiiines, sewer mains/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 ... 1KA4510ES.WDS
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