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,
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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
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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
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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
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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.
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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
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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.
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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.
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