Resolution 4159 - Annexation - Buffalo Stagek
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RESOLUTION NO* 4159
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREINr AS AN ANNEXATION, A TRACT
OF LAND DESCRIBED IN EXHIBIT "All TO BE KNOWN AS BUFFALO STAGE
AMENDED PLAT ADDITION NO* 257; TO ZONE SAID PROPERTY LOW DENSITY
RESIDENTIAL APARTMENT, RA-11 TO AMEND THE CITY ZONING MAP
ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE,
WHEREAS, the City of Kalispell has received a petition from
Perry DiLoreto on behalf of DLC Homes of Montana., a Nevada
corporationr the owner of the property described in Exhibit "Aft
attached hereto and thereby made a part hereof, requesting that the
1�v) City of Kalispell annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
k
report on Buffalo Stage Amended Plat Add*tion No. 257, Report #KA
94-4, dated June 28, 1994, and
-County Planning Board and Zoning
WHEREAS, the Kalispell City
Commission recommended that the territory be annexed into the City
of Kalispell and be zoned Low Density Residential Apartment, RA-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
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following criterion*
Does the re -guested 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 "High Density
Residential", with a maximum density of 40 dwelling units per acre.
RA-1 is in compliance with the Master Plan.
Does the request lessen congestion in the streets?
Congestion in the street is caused by an overburden on the
street of traffic, The zone in this case would not cause undo
congestion because traffic generation is a function of the number
of dwelling units that are allowed within a given area, The
property is currently subdivided in a manner which precludes any
further subdivisions, No additional traffic should be generated by
this zoning designation.
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Will the requested zone secure safety- from f ire,,. -..Pan-ic,
and other dangersir
0
Development within this zone is subject to development
standards including: lot coverage, maximum building heights and
the provision of off-street parking. Further, any development of
the property is subject to review by the City's Site Plan Review
Committee, and requires the issuance of building, plumbing,
mechanical and electrical permits, These requirements and review
processes help ensure that development of the property subsequent
to the zone change is done in a safe manner,, No signif icant
negative impact is expected.
Will the requested zone promote the health and general
1.7'M I f V-0 ?
The general 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 Master Plan would support the
requested zone change. Designation of this area as RA-1 would
serve the Flathead region with additional residential development.
Any traffic generation that the proposed change allows would have
been mitigated at the time of subdivision development, In
addition, this area has direct access to an existing major
arterial. Any impact to stormwater runoff, sewers, and water have
been addressed at the time of subdivision proposals and
development.
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 zoneprovide for adeguate light and
air
The development standards of the zoning ordinance and sub-
division regulations (i.e. parking, landscaping, clear vision
setback, roadway improvements) would ensure that light and air are
adequately provided. No significant negative impact is expected,
Will the r sted zone prevent the overcrowdi.,ng 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 controls 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.
2
Will the requested zone avoid undue concentration of
]? e o pl. I ak.� ?b
Concentration of people relates to the land use permitted by
a particular zone. The proposed zone change would not increase
residential density in the area. Infra -structure 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 will insure that the site is properly developed, No
significant negative impact is expected.
Will the re sted zone facilitate the adecruate- rovision
of trans Portat ion,, water,, sewer, schools, -parks and other
public re ements?
Any additional demands for transportation, water, and sewer
will be evaluated pursuant to individual development proposals,
Because of the existing subdivision and types of uses permitted in
the zone, schools and parks should not be significantly impacted,
No significant negative impact is expected.
Does the zone -_ give consideration to the
particular suitability of the -property for_ rticular
uses?
The subject property is well suited for uses permitted
within the RA-1 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 zone give reasonable consideration to
the character of the district?
The properties in question are well suited for the type of
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 zone conserve the value of build ?
The subject request would not significantly impact buildings.
If legally constructed buildings exist that donft meet the
requirements of the new zone those buildings would be considered
non -conforming. This non -conforming status would permit those
buildings to continue as before, There are no known uses that
would be affected by this zone. A change to the RA-1 zone will not
significantly impact, erode or devalue the neighborhood beyond the
type of uses that are currently allowed. No significant negative
impact is expected.
3
... . . . . . .
Will the requested zone encourage the most appropriate
use of the land throughout the...jur-isdiction?
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 identifies this
area for residential. 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 7-2-4610, 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 "B" and thereby made V-,
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
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services within the area of Buffalo Stage Amended Plat Addition No.
257,, 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 budge ttrilw it hout incurring additional
bonded indebtedness, and V
WHEREAS, Buffalo Stage Amended Plat Addition No, 257 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. Zl"5
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 in Exhibit "A".. attached hereto
and thereby made a part hereof, shall be annexed to the
City of Kalispell and the boundary of the City is altered
to so provide.
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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
said territory 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 Low Density Residential Apartment, RA-1.
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 1994
Do I uglwo D. Rauthe Mayor
ATTEST:
i�;y AH. obertson
Finance Director
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9 4 339 9 D410
EXHIBIT "All
Buffalo Stage Amended Plat, Phase I, in the E1/2, SE1/4, Section 31
& SW1/4 SW1/4, Section 32, T29N, R21West, P.M,M., Flathead County,
Montana*
M'TM A hm4wm
November 1. 1994
I, Debbie Gifford, the undersigned, Clerk of the Council of the
City of Kalispell, certify that the foregoing is a true and correct
copy of Resolution 4159, adopted by motion by the City Council of
the City of Kalispell at City Hall on August 1, 19940
V,(f7d PjT
D'Ob 1." e" G�I"' d 6MC
Ka 1 i spp,,l 1 e -L"k of Council
STATE OF MONTANA,
ss
County of Flathead I
Recorded at the request of
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