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Resolution 4133 - Annexation & Zoning - Taverrite743 RESOLUTION NO. 4133 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 A TRACT OF LAND IN THE NW 1/4 OF THE SW 1/4 OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS TAVERRITE ADDITION 9253, TO ZONE SAID PROPERTY LOW DENSITY RESIDENTIAL APARTMENT, RA-1, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Frank Taverrite, owner of the property described in Exhibit "A", attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City and zone said property Low Density Residential Apartment, RA-1, and WHEREAS, the Flathead Regional Development Office has made a report on the annexation/zoning of the territory dated August 30, 1993, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on the annexation and zoning of the property, pursuant to Section 27.34.080, Kalispell Zoning Ordinance on September 14, 1993 and recommended that the territory be annexed into the City of Kalispell and be zoned RA-1, Low Density Residential Apartment in accordance with the Kalispell Zoning Ordinance and the Kalispell City --County Master Plan, 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 requested zoning classification for the territory is in accordance with the Kalispell City -County Master Plan and the Kalispell Zoning Ordinance 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" dwelling units per acre). The requested RA-1 zoning classification could allow up to a maximum of 14.5 dwelling units per acre. Generally this would not be considered in conformance with the Master Plan map. However, the text of the Plan, in particularly Policy 4F, speaks to the need to coordinate development of multi -family housing. In connection with this, there is a great need for affordable housing in the Kalispell area. 744 Is the requested zone designed to lessen congestion In the streets and facilitate the adequate provision_ of transportation, water, sewerage, schools, parks, and other public requirements? A change from County suburban zoning to a City higher density residential zoning will allow a greater density of development to occur. However, the area is being served or can be served by urban infrastructure including: municipal street department, fire and police departments, and sewer and water utilities. Any development of this site will require further City review, whether in the form of a conditional use permit, subdivision review, or building permit and Site Plan Committee review. Impacts from specific development will be addressed at the time of the request. A growing need in this area is paved access to the west, to Meridian Road. Will the requested zone secure safety from fire, panic, and other dangers? The property does not appear to be subject to any particular natural hazards. Any development of the property will require compliance with all City safety codes including uniform codes relating to fire and building safety. Upon annexation, the property will be served with municipal services including police and fire protection. Water and sewer service is available in the area. Will the requested zone promote the health and eneral welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible to the adjoining properties. Other City codes that are intended to serve the "general welfare" would also be applicable.to any development on the property. Will the requested zone provide for ade uate light and air? The development standards of the RA-1 zoning classification establish setback, height, and coverage standards for new development. In addition, any development more intense than a duplex will require approval of a Conditional Use Permit. These standards are sufficient to ensure adequate light and air consistent with the character of the surrounding area. F 745 Will the requested zone prevent the_overcrowdina of land and the undue concentration of people? Zoning (intensity and dimensional standards), Conditional Use Permit, and site plan review will ensure that new development is adequately served with utilities and other public demand services. Does the requested zone give consideration to the articular suitability of the property for particular uses? Adequate infrastructure is available or can be extended/developed to accommodate future development. The property is generally level and appears to be a logical extension of the City and the uses existing in the area. Does the requested zone give reasonable consideration to the character of the district? The adjacent development patterns north and east are multi -family in nature. To the immediate north and east are apartment complexes. To the west is vacant. To the south is a residence below the elevation of this property. The site is generally level and poses no unusual development limitations. The proposed zoning is a "low density apartment" residential classification that anticipates the adequacy and availability of a full range of urban services. The land use characteristics of the neighborhood already reflect this urban scale of zoning. The property is approximately one mile from a major retail center for convenient shopping. Will the proposed zone conserve the value of buildings? The property is now vacant. The proposed zoning classification will allow development densities similar to development of adjacent lots. This compatibility encourages neighborhood stability. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The requested RA-1 zoning classification would provide additional multi -family housing consistent with the policies in the Master Plan and uses in the area. E 'A 746 WHEREAS, on the 3rd day of April, 1989 the City Council of the City of Kalispell adopted, pursuant to Section 7-2-4506, 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 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 Taverrite Addition, 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, Taverrite Addition is included within and conforms to the Kalispell City -County Master Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all of the real property described in Exhibit "A" attached hereto shall be annexed to the City of Kalispell and the boundaries of the City are altered to so provide. SECTION II. Upon the effective date of this Resolution, the City Clerk of Council's office 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 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. 1 1 4 747 SECTION III. The territory annexed by this Resolution shall be zoned as RA-1, Low Density Residential Apartment, and the City of Kalispell zoning map shall be altered to so provide. SECTION IV. This Resolution shall be effective thirty (30) days from and after its final passage by the City Council and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 4th DAY OF October , 1993. ATTEST: y H. Robertson Finance Director 1 �l WFFO? Rauthe, Mayor E 5 748 A Tract of land in thaNW4, of tho SW4 of S=don 18, Townahfp 28 North, Range 2l West, P.M.M., Flathead County, Montana, described as foWwx Beginning at the Sauthemat corner of the town of Ashley, thence South 4a° SO' 15" West 261.40 fbct; dumm South 47° 10" 23" West 28.70 feet; thence South ge 3W 46% West 233.SS feet; thenom North 01* 29' 20" East 286.76 faet to the south line of Elghth Street West; thence along the South line of the stacet, cast 250.99 feat to the point of lxginning. 1 749 EXHIBIT B: TAV@RRrrB ADDITION NO. 253 E IRNSION OF SERVICES PLAN ADDMgDUM TO CTIY RBSOLU77oN *3838 PREPARED BY THE FRDO 34 AUGUST. 1993 -mc subject property is within the Service Area Boundary of the City of ICaliapeli as described by the Exte don of Serviocs Plan adopted by the My of Kalispell on April 3. 19S9 ¢Resolution #3838j. This broad -based extension of w vim plan, together with this -mini_p,Zan" comprise the Extendon of Services Plan for the Taverrite. Mght Serene Weal and Waneoa Avenue, annexation. 5.4 t=j M 1. t ;A; I ti!:a:j $� A 6-inch municipal water line Bes in Eighth Street West Depending on the intendty of development It may not have the capacity to wrvice the project on this property. Sc� r Sanitary scwcr =data in Foraytbe, but is too doers to the mnfaoe to service the propaty without a hft station. Public drainage facMies run north -south near the east side ofwallaee Avenue. Thus faciro outlets into Aahky Creek south of the property. Strc!c1a: Eighth Strcct Weal, Wallas Avenue, and Fonwthe Avenue are unimproved rights - of -wary. Paving to cdadng pevemcnt would 6e necemmo to comply with the C2Ws clean air ordinanm Available by contract from private eompanks. The Flathead County Sheriti'a Department. Eire Em West Valley Volunteer Fire Department gt&tW Depending on the type of development, water supply may be able to be extended to the property from the 6-inch water line in fthth Street West If not. a water main must be extended to connect with a main of=Mc1eot capacity to serve this property. Capacity ■ and any cxtcnstons would be evaluated at the review stage of any developm=t permit. 750 into a lift station located on the project site. TbIB lift station would connect with the Crtty's stwer mains. This disposal system would be evaluated during the review phase of any dcvclopmoeat permit A storm drain exists near the east side of Wallace Avenue. On -site retention and disposal of storm water will be evahlated during the review phase of any proposed davelopment Access to the site from the north is via Forsythe Avenue and Wallace Avenue, irrom the east is Eighth Street West. It will be necessary to extend paving on du se str ds to existing improvements. Wallace Avenue and Eighth Street West improvements abutting this site win be required to be improved to City standards including curb. gutter. and sidewalk. in witiltion, street tree planting is necessary. • The city of Kalispell will not provide solid waste disposal service to the annexed territory for a period of at least S yearn, consistent with the provision of 7-2 4736, M. GA. The City does have the capadty and equipment to handle the needs of this site at the time it becomes eligible for municipal w vine. city of Kalispell Polioe Department mad Fine Department will be available to serve the tract upon annexation. They will be able to provide "service' to this propene, on the substantially same basis and In the same manner In which this service is currently provided to the rest of the municipality. TLe cost of extending such public services as police and fire protection are expected to be negligible until such time as the property is developed. 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 Knits. Individual improvements to the property, including the paving of Eighth Stmet West, Wallace Avenue, and Forsythe Avenue, the improvenxent to the st =ts abutting the site, the extension of the water line, the lift station and sewerline, and stormwatcr= na,gcmc=t bnprovcm=ts will be the rwponmibility of the landowner. Any area -wide improvements relative to a comprehenabc storm drsfn%p system will be financed in part by the residents of the entire municipality and in part by special assessments for that purpose. t, The undeveloped portion of Forsythe Avenue, Wallace Avenue, and Eighth Street West shall be developed to City ofKalispall standards. Forsythe Avenue an Wallace Avenue will be developed from Eighth Street west to Seventh Street West Eighth Street West shell be developod from Forsythe Avenue carat to sedating pavcment- 2. Eighth Street West and Wallace Avenue abutting this development will be 0 751 constructed with curb. gutter. and sidewalfrs and a book vgrd ehaU be provided for street trco planting per city policy 3. If the existing 6-inch water main in Eighth Street West does not have the cape aty to service the psojcct a new main shall be constructed, 4_ A lift station and sanitary sewcr main will be connected to the C lty's main REPORTS . A93-3&S.RFr M WALLACE AVE. . I • �FORSY.THE.... - •- CUD) 1 i