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08. Resolution 4262 - Hunter - Annexation and Zoning RequestRESOLUTION NO. 4262 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, ASSESSOR'S TRACTS 8T1A AND 8TAB IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HUNTER ADDITION NO. 273; TO ZONE SAID PROPERTY TWO FAMILY RESIDENTIAL, R-4, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Kit and Shelby Hunter, the owners of the property described as Assessor's Tracts 8T1A and 8TAB in the southwest quarter of the southeast quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, requesting that the City of Kalispell annex the territory into the City with a Two Family Residential, R-4 zoning classification, and WHEREAS, the Flathead Regional Development Office has made a report on Hunter Addition No. 273, Annexation and Zoning Request, #KA-96-3, dated April 1, 1996, 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 Two Family Residential, R-4, 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 requested zone comply with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Urban Residential" which is defined as allowing two to eight units per acre. The requested R-4 zoning classification is in conformance with that designation since it allows up to seven units per acre. Is the requested zone designed to lessen congestion in the streets? No change is anticipated in the potential congestion by changing the zoning from County R-5 to City R-4 because of the similar density and uses allowed in the districts. Will the requested zone secure safety from fire, panic, and other dangers? 1 Adequate access, turnaround and water supply is available to the site in the case of a fire. No features on the property exist which would compromise the safety of the public. Any new construction would be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available to the area. Will the requested zone promote the health and general wr-1 faro? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties. Additionally, the existing house on the property is served by an on -site sewage treatment system. This will be hooked up to community sewer provided by the City of Kalispell at the time of annexation. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. Will the requested zone prevent the overcrowding of land? A change in zone from County R-5 to City R-4 will not result in any increase in the density which is currently allowed. All public services and facilities will be available to serve the site. This zone change will not result in an overcrowding of land. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 2 Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed R-4 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is small lot residential development. The same type of development can be anticipated to occur on this property and will be consistent with the character of the district. Will the proposed zone conserve the value of buildings? Value of the buildings in because the R-4 zoning will uses on this property as are the area. the area will be conserved promote compatible and like found on other properties in Will the requested zone encourage the most appropriate use of the land throughout the municipality? Small lot residential development should be encouraged in areas where services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the master plan and surrounding zoning in the area. WHEREAS, on the 6th day of November, 1995 the City Council of the City of Kalispell adopted, pursuant to Section 7-2-4610, 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 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 Hunter Addition No. 273, subject to annexation, including water, sewer, storm drainage, streets, garbage collection, police protection and fire protection, and 3 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, Hunter Addition No. 273 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 Assessor's Tracts 8T1A and STAB in the southwest quarter of the southeast quarter of Section 18, Township 28 North, Range 21 West, 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, and shall be known as Hunter Addition No. 273. 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 Two Family Residential, R-4. 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 , 1996. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council EXHIBIT EXTENSIONOF f KIT 1 SHELBY 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 S, 1995 (Resolution #4241). This broad based extension of services plan, together with this "mini -plan" comprise the Extension of Services Plan for the Hunter annexation. EXISTING SERVICES: Water: A 6" water line exists on Fourth Avenue West north of this property. A service line will be extended to the property with the developer bearing all cost for the extension and connection. Sewer: An 8" sanitary sewer line exists parallel to the water line on Fourth Avenue West to the north of this property. The costs associated with extending the sewer line to serve this property will be paid for by the developer. Roads: Access to the property will be provided by way of Fourth Avenue West, a paved City roadway. No extension of the roadway will be required. Storm Drainage: No public storm drainage system is in the immediate vicinity of this property. Minimal impacts can be anticipated and it appears that storm drain runoff can be accommodated on -site. Other City Services: Police and fire protection, as well as refuse collection services, will be available to the area upon annexation to the city. The Fire Department will require an extension of the right-of-way and a turnaround at the end of Fourth Avenue West. Construction Standards: The extension of public infrastructure such as water and sewer will be required to be in accord with all City of Kalispell standards, specifications, and requirements and the cost will be borne by the developer. EXTENSION AND FINANCE STRATEGIES: Extension of service lines from Fourth Avenue West to the property will be required to be paid for by the developer. No main extensions appear to be required. No special assessments or financing appear to be required and any financing of these improvements would be borne by the developer. F:1... \KA96-03.RPT R ®P ILI Q 1p CO zm U a- �- L) ` X H 18 1 T rd. %-PEMR :gam 0' 8A515 of gEARWKxS �1.$7•b9'! E• rvRA! 37. ►' .��� LOT t o ARouN $•07'07•W . c9� ��� 0.1(, 40 ACRE .. 'i 10 of. 0, n1.87.5o'52'E• ty 100.27' 1 L.oi 2 0.Z3 ACRE�L�' 3 o 3o . a+, S. 84P O' 2 8" . 4 Qk-1 5W Y4 , PEfi C. OF y, NO.23 Fd . 5/8" AEbAP 'SAAJAs' ST12A S-rwA $T 11 per . V-0 S-rV..AAA!'l ST VA 8rK �rw 8rL a STVAC W - 8rxA 3 ST we . . BrVAD aTYAD gT 1 _ 1 STYAG VrAC t , 8TYAA k - 4 . BTA STY 8 - �• - BrAd STC. f+7 A . -1..� u 8r4A '.y° =s= g-rAA BTU ylCIN ITY. - MAP 14. . a. ram•' +ri., .Y} Kalispell,Flathead Regional Development Office t i ttl April 17, 1996 Al Thelen, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Kit and Shelby Hunter Request for Annexation and Zoning Dear Al: Phone: (406) 758-5980 Fax: (406) 758-5781 The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their regular meeting of April 9, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the following agenda item: A request by Kit and Shelby Hunter for annexation into the City of Kalispell and initial zoning from County R-5, Two -Family Residential, to City R-4, Residential. The property proposed for annexation is located at 1400 4th Avenue West and contains approximately .45 of an acre. The property is further described as Assessor's Tracts 8T1A and 8TAB in the southwest quarter of the southeast quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. A staff report was presented by Narda Wilson of the Flathead Regional Development Office who evaluated the proposal based upon the statutory criteria and recommended approval of the proposed City R-4 zoning for this parcel. She noted this district allows duplexes and is consistent with the surrounding zoning. A house is currently located on the property. The owner intends to convert the existing two story garage building into a single family residence. Additionally, she noted that a preliminary plat creating two parcels has been filed concurrent with the request for annexation and zoning which will require review by the City Council. At the public hearing, the property owner spoke in favor of the proposal. No one spoke in opposition. The Commission discussed the extension of water and sewer to the property and the abandonment of the existing drainfield. A motion was made to adopt Staff Report #KA-96-03 as findings of fact, and recommend approval of the proposed R-4 zoning. The motion was passed unanimously on an 8-0 vote. This recommendation is being forwarded to City Council for their April 22, 1996 work session and subsequent May 6, 1996 regular City Council meeting for final action on the request for annexation and initial City zoning. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Al Thelen, Interim City Manager City of Kalispell Re: Kit and Shelby Hunter Request for Annexation and Zoning April 17, 1996 Page 2 Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you have any questions. Respectfully submitted, Pamela J. B. Kennedy Vice President Attachments: FRDO Report #KA-96-03 Application Materials Minutes from the 4/9/96 Planning Board meeting c: Kit and Shelby Hunter 460 First Ave. E.N. Kalispell, MT 59901 H: \ ... \ 1996\KA96-3 . TRM ra KIT ► SHELBY HUNTER ANNEXATION AND ZONINGREQUEST R-5 (COUNTY) O . ZONING AND ANNEXATION STAFF REPORT #KA-96-3 FLATHEAD REGIONAL DEVELOPMENTOFFICE APRIL Is 1996 Kit and Shelby Hunter have petitioned for annexation into the city limits of Kalispell and initial zoning. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. A public hearing has been scheduled before the Kalispell City -County Planning Board and Zoning Commission for April 9, 1996 beginning at 7:00 PM. The Planning Board and Zoning Commission will forward a recommendation to the Kalispell City Council for final action. PROPOSED ZONING CLASSIFICATION The applicant has proposed a zoning classification of R-4, a Residential district. Currently, the property is zoned County R-5, a Two Family Residential district, under the Flathead County Zoning Regulations. The Kalispell Zoning Ordinance describes the intent of the R-4 district as follows: "A residential district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Two-family dwellings are permitted in this district." BACKGROUND INFORMATION The property owners have purchased this approximate one half acre parcel with the intent to create two lots, one with an existing house and one with an existing garage to be converted to a single family dwelling which will be made possible through the extension of services. A two lot subdivision has been filed concurrently with this annexation and zoning request. A. Petitioner and Owners: Kit and Shelby Hunter 460 First Avenue E.N. Kalispell, MT 59901 (406)758-4800 B. Location and Legal Description of Property: The property proposed for annexation is located at 1400 Fourth Avenue West, at the southern most end of Fourth Avenue West, and contains approximately .45 acres. The property is further described as Assessor's Tracts 8T1A and 8TAB in the southwest quarter of the southeast quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. R. EAsting zoning: Existing zoning on this property is County R-5, a Two -Family Residential district which is a residential district which allows duplexes and single family dwellings. The minimum lot size requirement is 5,400 square feet. City R-4 zoning has been proposed for this property. This is a Residential district which allows duplexes and single family dwellings. Minimum lot size for the R-4 district is 6,000 square feet. D. Size: The area proposed for annexation and zoning contains approximately 0.45 of an acre. E. Existing Land Use: A single-family dwelling is currently at the southern end of the . parcel. An existing two story garage is at the north end of the property. The property owner plans to convert the garage to a single-family dwelling. F. Adjacent Land Uses and Zoning: The area is characterized by single family residential development on small lots to the north. Larger parcels with single family homes surrounds this property to the east, west and south. North: Single family residences; City R-4 zoning. East: Single family residence; County R-5 zoning. South: Single-family residence; County R-5 zoning. West: Single-family residence; City R-4 zoning. G. General Land Use Character: This area is generally high density residential in character except to the south where water and sewer has not yet been extended. Some of the property to the south is in the 100 year flood plain. This is on the fringe of urban residential development. AVAILABILITY OF PUBLIC SERVICES Full public services can be provided to this site. A separately prepared "Extension of Services Plan" discusses the provision of public services to this property. G G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Electricity: Pacific Power Telephone: PTI service area Schools: School District #5 Fire: Kalispell Fire Department Police: Kalispell Police Department A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, one inquiry was received by the Flathead Regional Development Office from the property owner directly to the . west who was concerned about her water supply. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Urban Residential" which is defined as allowing two to eight units per acre. The requested R- 42 zoning classification is in conformance with that designation since it allows up to seven units per acre. 2. Is the requested zone designed to lessen congestion in the streets? No change is anticipated in the potential congestion by changing the zoning from County R-5 to City R-4 because of the similar density and uses allowed in the districts. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access, turnaround and water supply is available to the site in the case of a fire. No features on the property exist which would compromise the safety of the public. Any new construction would be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available to the area. 3 4. Will the , e requested zone promote the health and ,general welfare? The requested zoning classification will promote health and general welfare , system.restricting land uses to those that would be compatible with the adjoining properties. This will 1' hooked 1 ►r !to communityprovided by the ofKalispell the time ' of r exatio 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowdin og f land? A change in zone from County R-5 to City R-4 will not result in any increase in the density which is currently allowed. All public services and facilities will be available to serve the site. This zone change will not result in an overcrowding of land. 7. Will the requested zone avoid undue concentration of pgoule? Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. 8. Will the requested zone facilitate the adequate provision of transportation water, sewerage. schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone give consideration to the particular suitability of the property. for particular uses? The proposed R-4 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is small lot residential development. The same type of development can be anticipated to occur on this property and will be consistent with the character of the district. 4 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-4 zoning will promote compatible and like uses on this property as are found on other properties in the area. 12, Will the requested zone encourage the most appropriate use of the land throughout the municipality? Small lot residential development should be encouraged in areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the master plan and surrounding zoning in the area. The proposed City R-4 zoning is comparable to the existing County R-S zoning with regard to uses, minimum lot size requirements, setbacks and building height. The extension of municipal services to the site can be easily accomplished which will ultimately result in the existing dwelling being converted from an on -site sewage treatment system to a community sewer system. Adequate access is available to serve the property and any future development will be consistent and compatible with existing development in the area. Insignificant impacts will result from the rezoning this property to R-4. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-96-3 as findings of fact and forward a favorable recommendation to City Council for initial zoning of R-4, a Residential district, upon annexation into the City of Kalispell. W j EXHIBIT EXTENSIN OF SERVICES PLAN FOR :� KIT r SHELBY HUNTER 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 5, 1995 (Resolution #4241). This broad -based extension of services plan, together with this "mini -plan" comprise the Extension of Services Plan for the Hunter annexation. EXISTING SERVICES: Water: A 6" water line exists on Fourth Avenue West north of this property. A service line will be extended to the property with the developer bearing all cost for the extension and connection. Sewer: An S" sanitary sewer line exists parallel to the water line on Fourth Avenue West to the north of this property. The costs associated with extending the sewer line to serve this property will be paid for by the developer. Roads: Access to the property will be provided by way of Fourth Avenue West, a paved City roadway. No extension of the roadway will be required. Storm Drainage: No public storm drainage system is in the immediate vicinity of this property. Minimal impacts can be anticipated and it appears that storm drain runoff can be accommodated on -site. Other Cif Services: Police and fire protection, as well as refuse collection services, will be available to the area upon annexation to the city. The Fire Department will require an extension of the right-of-way and a turnaround at the end of Fourth Avenue West. Construction Standards: The extension of public infrastructure such as water and sewer will be required to be in accord with all City of Kalispell standards, specifications, and requirements and the cost will be borne by the developer. EXTENSION AND FINANCE STRATEGIES: Extension of service lines from Fourth Avenue West to the property will be required to be paid for by the developer. No main extensions appear to be required. No special assessments or financing appear to be required and any financing of these improvements would be borne by the developer. FA ... 1KA96-03.RPT 0 City of Kalispell To whom it may concern, APIPLICAMN MAMML r AR 14 1996 F. R. Q. 0. 3)/Yla(O Please consider our request for a zone change, to also include annexation into the city of Kalispell. We feel that as city services are to within a few feet of our property, and the main house is already on city water, that this is a natural extention and would benifit all concerned. Thankyou for your time and interest in this matter. VY4 Sincerely, Kit and Shelby Hunter s 1 • s • _. mw mm 14CA =SAP 37.36'� VoTo7W. P 30.81"' MCRrq LrnlE SW 4 pEk C. of 5. 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