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.
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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.
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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.
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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.
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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
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WFFO? Rauthe, Mayor
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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.
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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.
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$� 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.
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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
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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
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WALLACE AVE.
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