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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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