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Resolution 4219 - Annexation - Boller1083 RESOLUTION NO. 4219 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 BOLLER ADDITION 265% BRA 1, TO AMEND THE CITYONE SAID LOW DENSITY ZONING MULTI-FAMILY ZONING MAP ACCORDINGLY AND RESIDENTIAL, TO RE DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from the City of Kalispell on behalf of Rex Boller, the owner of the property described tigrthatdhereto made a part heeo,req t the City oofKalispell annex the territory into the City, and office as WHEREAS, n Boller Addition Flathead Regional Addition No. 265, City Zone Development h ea report o Request, dated June 1, 1995, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission l territory 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 Requested 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 Reguested 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. Because the area to be annexed is part of an existing single tract under single ownership, they must be developed together. The area to be annexed contains 18,300 sq. feet. Both of the tract contain 36,600 sq. feet. If the portions the site could entire tract were rezoned RA-1, 12 dwelling units. Under the accommodate a maximum of 1 � I • present split zoning the ownership could accommodate 10 dwelling units, 6 units on the RA-1 zone in the City and 4 units configured as two duplexes on the R-4 lot in question. The net effect of increasing density from a potential maximum of 10 units to 12 is considered negligible in this location. If the property is subdivided/developed 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, and 5th Avenue East in this location is a through street. Will the Re -quested 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 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. 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 2 IMO 1 1 1 ensure that light and air ax development beyond a duplex of a Conditional Use Permit. e adequately provided. Any would also require approval Will the Re nested Zone Change Prevent the Overcrowding of Land? overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the property. A Special Improvements District is being created to install sewer in Sth Avenue East. This sewer would prevent the degradation of the environment by septic system contamination and help 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 Rectuested Zone Avoid Undue Concentration of People? le? 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 Requested Zone Facilitate the Ade uate 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; existing infrastructure exists, or can be provided, in the vicinity which should be able to serve development/redevelopment 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 Requested 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 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 Reguested..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 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 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. 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 4 1087 t 1 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 Boller Addition No. 265, 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 ICALISPELL 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 anq 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. he territory annexed by this Resolution shall be zoned ow Density Multi -Family Residential, RA- 1. W_ 1088 r 7 f SECTION IV. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 1Oth DAY OF Ju1Y , 1995. t-c Doug s D. Rauthe, Mayor ATTEST: 2Lw-�L---'S-0 k-&d em C Debbie Gi , CMC Clerk of o cil 6 Ii 1 1 1 1 EXHIBIT A BOLLER ADDITION NO. 265 That portion of the SW1I4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Southwest corner of Block 248 of Kalispell Townsite Company's Addition Number Seven to Kalispell, Montana, according to the map or plat thereof on file and of record 1n the office of the County Clerk and Recorder of Flathead County Montana; thence on a line which is the southerly continuation of the westerly line of said Block 248, South 1304V East a distance of 366.00 feet to a point; thence 76011' East and parallel with the southerly boundary of said Block 248 a distance of 150 feet to the point of beginning; thence continuing North 760 11' East a distance of 150 feet to a point; thence South 13049' East and parallel with the westerly boundary of said Block 248 a distance of 122.00 feet to a point; thence South 76011' West and parallel with the southerly boundary of said Block 248 a distance of 150.00 feet to a point; thence North 13049' West and parallel with the westerly line of said Block 248 a distance of 122 feet to the point of beginning. Cj 1090 t, EXHIBIT "B" BOLLER ADDITION NO.265 ANNEXATION EXTENSION OF SERVICES PLAN ADDENDUM TO CITY RESOLUTION 13838 PREPARED BY THE FLATHEAD REGIONAL DEVELOPMENT OFFICE JUNE 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, h t (Resolution comprise the Extension of Services Plan for the IcesBollller Addition er with this"mini-plan' No. 2G5 annexation. EXISTING SERVICES: Water: The City has a 6 Inch water line in 5th Avenue East. This main should have sufficient capacity to serve this site. Sewer: No sewer currently exists to serve this site. Storm Drainage: No storm drain system exists in the area. _Streets: eets: 5th Avenue East Is developed as a two lane local street with access to 18th Street East and 14th Street East. Garbage Collection: Available by contract from private companies. Police Protection: Currently the Flathead County Sheriff's Department. Fire Protection: South Kalispell Fire Department. 1 7 EXHIBIT "B" BOLLER ADDITION NO.265 ANNEXATION EXTENSION OF SERVICES PLAN ADDENDUM TO CITY RESOLUTION 13838 PREPARED BY THE FLATHEAD REGIONAL DEVELOPMENT OFFICE JUNE 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, h t (Resolution comprise the Extension of Services Plan for the IcesBollller Addition er with this"mini-plan' No. 2G5 annexation. EXISTING SERVICES: Water: The City has a 6 Inch water line in 5th Avenue East. This main should have sufficient capacity to serve this site. Sewer: No sewer currently exists to serve this site. Storm Drainage: No storm drain system exists in the area. _Streets: eets: 5th Avenue East Is developed as a two lane local street with access to 18th Street East and 14th Street East. Garbage Collection: Available by contract from private companies. Police Protection: Currently the Flathead County Sheriff's Department. Fire Protection: South Kalispell Fire Department. 1 7 1091 TiCIPATED SERVICE EEDS: Mgr; Water supply exists to the property from the water line in 5th Avenue East. to If, upon redevelopment of this Prmafn mus�tibe extended to s not of sufficient with ain�iain serve the development, a water of sufficient capacity to serve this iproperty u evaluated at the review stageor other alternave be of la Y Capacity and any extensions would development permit sewer: Sewer does not exists to this site. s currently being formeto Install I a sewems are used In ir area. A Special improvements District main in sth Avenue East. When sewer is Installed it would allow the area to develop with more Intensive land �to�rm rf lam; Retention and/or disposal of storm waterwill be evaluated during the review phase of any proposeddevelopment Storm drainage would be handled onsite at the time of development. Strom_ 5th Avenue East is a � additional traffic lo lane road In a aadsoot right-of-way deve development of this of sufficient size to accommodate any would produce. The site couldaccommodate 12 units which would generate approximately 80 vehicle trips per day. gg[gagga Collection: The City heligibleaifor muniand cipal service.ment to handle the needs of this site at the time It becomes oncert ire: City of Kalispell Poilcp Theyewill be aitile to provide 'service"vto this l to serve the tract upon annexation. property on substantially the to basis iof and In the in which this service is currently provided o E�[TEMSIOIII AND INANCE STRATEGIES: The cost of extending such public services as police and fire protection are expected to be negligible. The general es received frosource of m this propertYto extend sand types services Is from the general to properties Inside the City limits. A Special Improvements District is proposed for the Installation of a sewer main in 5th Avenue East. This SID is paid for by the property owners who would extension of water {fines, sew�era new, and stormwater vements to the property, including th 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 ..1KA95-5ES.BI.R 8 i%JFj ati ;dw , r.Tt7;,n L :1, WA In