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Resolution 4218 - Annexation - Hird1073 RESOLUTION NO. 4218 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 HIRD ADDITION NO. 266; TO ZONE SAID PROPERTY LOW DENSITY MULTI -FAMILY 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 City of Kalispell on behalf of Deborah Hird, the 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 WHEREAS, the Flathead Regional Development Office has made a report on Hird Addition No. 266, City Zone Request, #KA-95-6, dated June 1, 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 Multi -Family 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 Reguested 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 as "High Density Residential". RA-1 is considered in compliance with the Master Plan. Does the Requested Zone Lessen Congestion 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 redeveloped it would be in a manner that is consistent with the existing City RA-1 zone in the area. In addition, the Master Plan for this area calls for this property to be developed with RA-1 type development. A private easement provides access to 5th Avenue East which provides the only access to the site from the north, 1 Will he Reguested zone Secure Safety From Fire Panic and Other Dangers? 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. In addition, 5th Avenue East is a through street. No significant negative impact is expected. Will the Requested Change Promote the Health and General Welfare? The 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 redevelopment of the property. Any specific 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. No significant negative impact is expected. Will the Requested Zone Provide for Adequate Light and Air? The development standards of the zoning ordinance and subdivision regulations (i.e.: parking, landscaping, clear vision setback, roadway improvements, etc.) would ensure that light and air are adequately provided. Any development beyond a duplex would also require approval of a Conditional Use Permit. Will the Requested Zone Chan a Prevent the Overcrowdin of Land? Overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the 2 1075 property. A Special Improvements District is being created to install sewer in 5th Avenue East. This sewer would prevent the degradation of the environment by septic system contamination, thus limit any impacts due to overcrowding of the land. 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. Will the Requested Zone Avoid Undue Concentration. of People? Concentration of people relates to the land use permitted by a particular zone. The proposed change would have little unexpected impact on residential density in the area. Infrastructure 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 and its regulations would ensure that the site is properly developed. No significant negative impact is expected. Will the_Rgquested Zone Facilitate the Adequate Provision of Transportation, Water, _Sewer, Schools, Parks_ and Other Public Requirements? The additional demands for transportation, water, and sewer will be evaluated pursuant to individual development proposals; infrastructure exists, or can be provided, in the vicinity which should be able to serve development/redevelopment of this property. Schools and parks would not be significantly more impacted under the existing County zone than would be under the proposed City zone. The proposal exists close to these services and would impact those services to a lesser degree than if the change in zone were to occur farther away. No significant negative impact is expected. Does the Reguested Zone Give Consideration to the Particular Suitability of the Property for Particular Uses? The subject property is well suited for uses permitted within the RA-1 zone because of availability of services 3 1076 and access. 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. Does the Requested 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 R-4 to the City RA-1 zone will not significantly impact, erode, or devalue the neighborhood beyond the type of uses that are currently allowed by existing zoning or that exist in the area as this is a residential zone. No significant negative impact is expected. Will the Requested Zone Change Encourage the Most Appropriate Use of the Land Throllf3hout 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, re ore, the change would encourage the most appropriate e 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 "S" 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 4 1,077 1 services within the area of Hird Addition No. 266, 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, 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 Multi -Family Residential, RA - SECTION IV. This Resolution shall be effective 30 days from and after its passage by the City Council. 5 1078 PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 14th DAY OF July , 1995. ATTEST: . � C Debbie Gif C C Clerk of C it R Dougl s D. Rauthe, Mayor 1 1079 1 1 EXHIBIT A HIRD ADDITION NO.266 The property is that portion of the NE114 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the north 114 corner, Section 20; thence along the West One of the Northeast 114 South 01103`00" East a distance of 556.4 feet to the point of beginning; thence continuing along the West line of the Northeast 114; South 0°03-00` East a distance of 263.31 feet to a point; thence 20'03" West a distanceof185.74 feet to the point once of 281.04 feet � a point; thence North 75 beginning. A EXHIBIT "B" HIRD ADDITION NO. 266 ANNEXATION EXTENSION OF SERVICES PLAN ADDENDUM TO CITY RESOLUTION 13838 PREPARED BY THE FLATHEAD REGIONAL DEVELOPMENT OFFICE JUNE 1 1 1995 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 April 3, 1989 (Resolution J3838). This broad -based extension of services plan together with this 'min] -plan" comprise the Extension of Services Plan for the Hird Addition No. 266 annexation. 1XISTING SERVICES: Water: The City has a 6 inch water line in Sth Avenue East This main should have sufficient capacity to serve this site. Sewer: No sewer currently exists to serve this site. Sewerage is handled by onsite disposal methods. Storm Drainage: No storm drain system exists In the area. Streets: Sth Avenue East is developed as a two lane local street with access to 18th Street East and north into Kalispell Garbage Collection: Available by contract from private companies. Police Protection: Currently the Flathead County Sheriff s Department. Fire Protection: South Kalispell Eire Department. VA 1 1081 ANTICIPATED SERVICE. NEEDS: water: A six Inch water main exists in 5th Avenue East to serve the property. If, upon redevelopment of this property, this main Is not of sufficient rapacity to serve the new development, a water main must be extended to connect with a main of sufflclent capacity to serve this property or other alternative be Installed. Capacity and any extensions would be evaluated at the review stage of any development permit. ew r. Sewer does not exists to this site. Currently, septic systems are used in this area. A Special Improvements District Is currently being formed to install a sewer main In 5th Avenue East. when sewer Is installed It would allow the area to develop with more Intensive land uses. the review phase of any proposed Retention and/or pdevelopment. Storm drainage of storm water will be evaluated wou d during the re P handled onsite at the time of development. Stree : 5th Avenue East is a two lane road In a 60 foot ROW and of sufficient size to accommodate any additional traffic loads development of this site would produce. GarbThe City has the capacity and equipment to handle the needs of this site at the time it becomes eligible for municipal service. olicelFire: City of Kalispell Police Department and Fire Department will be available to serve the tract upon annexation. They will be able to provide 'service' to this property on substantially the same basis and in the same manner in which this service is currently provided to the rest of the municipality. E ICE STRATEGIES: The cost of extending such public services as police and fire protection are expected to be negligible. 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 -limits. A Special Improvements District Is being formed to bring a sewer main to this area. This sewer main extension would be paid for by the property owners who are a part of the district and those who hook into the main. individual improvements to the property, including the extension of water lines, sewer lines, and stormwater management improvements, will be the responsibility of the developer/landowner. Any area -wide improvements relative to a comprehensive storm drainage system will be financed In part by the residents of the entire municipality and in part by special assessments for that purpose. FA-.AKA95-6E5.HRD 8 A JIF A Ly— I ri 6- 1 LeA 9= d2