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Resolution 4213 - Annexation & Zone Change - Church of Latter Day SaintsRESOLUTION NO. 4213 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 IN EXHIBIT "A", TO BE KNOWN AS L.D.S. ADDITION NO. 264; TO ZONE SAID PROPERTY LOW DENSITY RESIDENTIAL, RA-1, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from the Church of Jesus Christ of Latter -Day Saints, the owners 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 WHEREAS, the Flathead Regional Development Office has made a report on L.D.S. Addition No. 264, City Zone Request, KA-95-4, dated April 25, 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 Low Density Residential, 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 following criterion: Does the Requested -Zone COMRIV 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 "High Density Residential". RA-1 is considered in compliance with the Master Plan. Does the Requested Zone Lessen Con estion 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. If the property is subdivided/developed it would be in a manner that is equivalent to the existing County RA-1 zone. It should be noted that Whitefish Stage Road is due to be upgraded. There is no schedule for this upgrade and funding has not been accomplished. It would, however, be expected to would occur within the next 3-10 years. This upgrade probably require the road right-of-way to be increased 1057 1 from 60 feet to 80 feet. Any development of this property should take into account the increased right-of- way width of this road. With proper site planning the property appears to be of sufficient size to accommodate any additional right-of-way requirements. Will the Requested Zone Secure Safety from Fire, Panic and Other Dane 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. No significant negative impact is expected. Will the Requested Change Promote the Health and General Welfare? 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 City - County Master Plan would support the requested zone change. Designation of this area as RA-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 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. 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 Reaueste_d Zone Provide for Adequate Light and Air? The development standards of subdivision regulations (i.e clear vision setback, roadway ensure that light and air are 2 the zoning ordinance and .. parking, landscaping, improvements, etc.) would adequately provided. 1058 will the Requested Zone Chance Prevent the gvercrowdina of Land? overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the property. The Subdivision, Zoning and Building regulations control 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. Concentration of people relates to the land use permitted by a particular zone. The proposed change would have no impact on 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 would ensure that the site is properly developed. No significant negative impact is expected. Will the Regluested Zone Facilitate the Ade uate Provision of Trans ortation 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 in the vicinity (North Valley Sewer and Evergreen Water Districts) 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 Re uested Zone Give Consideration to the Particular Suitability of the ProiDerty for Particular Uses? The subject property is well suited for uses permitted within the RA-1 zone because of availability of services and access to a major thoroughfare. 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. 3 Does the Re uested 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 proposal. 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 RA-1 to the City RA-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 lateral zone change. No significant negative impact is expected. Will the Requested Zone Change Encourage the Most AipDropriate 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 proposed City zone merely continues the property's zoning classification from the County zone. 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 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 L.D.S. Addition No. 264, subject to annexation, including water, sewer, storm drainage, streets, garbage collection, police protection and fire protection, and 4 1060 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 anneal City budget without incurring additional bonded indebtedness, and WHEREAS, L.D.S. Addition No. 264 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 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. 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 Low Density Residential, RA-1. SECTION IV. This Resolution shall be effective 30 days €rom and after its passage by the City Council. 5 1061 PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS _ f144- DAY OF A k 1995. Dougl D. Rauthe, Mayor ATTEST: C rn C_ Debbie Givbw, dmc Clerk of Council 1 1 6 062 0 r EXHIBIT "A" A tract of land in the SEl/4 of section 5, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 1 1 7