Resolution 4220 - Annexation - Myren1093
RESOLUTION NO. 4220
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 MYREN ADDITION NO.
268; TO ZONE SAID PROPERTY URBAN SINGLE FAMILY RESIDENTIAL, R-3, TO
AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from
James and Shana Myren, 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 Myren Addition No. 268, City Zone Request, #KA-95-8,
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 Urban Single Family Residential, R-3, 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 Urban Residential. R-3 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. The property is
situated in a manner which should preclude subdivision of
the property at this time. If subdivision should be
requested in the future, street extensions that do not
currently exist would need to be constructed. In
addition, the Master Plan calls for R-3 density of this
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area and the requested zone simply extends the existing
R-3. No significant additional traffic is expected as a
result of this zoning designation.
Will the Requested 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
further 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. While a single driveway access easement is the
only access, only one single family residence could be
constructed on this parcel. Access to this parcel would
need to be constructed in such a manner as to not be
obstructed when a drainage that currently exists on the
property flows. 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 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 R-3 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 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 Requested Zone Provide for Ade uate 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 are adequately provided. This
is a large single parcel that would only allow a single
dwelling to be constructed on it. No significant
negative impact is expected.
Will The Re ested 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
property. The Subdivision and Zoning Regulations control
the intensity requirements that a property can be
developed with. Only one dwelling on this 1.4 acres
could be constructed at this time. 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 zone change could
potentially increase 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 ofthe land
which would not happen with adequate infrastructure. The
proposed zoning will insure that the site is properly
developed. No significant negative impact is expected.
Will the --Requested Zone Facilitate the Adequate Provision
of Transportation, Water Sewer Schools Parks and Other
Public -Re uirements?
The additional demands for transportation, water, and
sewer will be evaluated pursuant to individual
development proposals; existing infrastructure exists in
the vicinity which should be able to serve development of
this property. Because this is a single parcel of land
that could be developed under the existing County
regulations with one dwelling and under the City
regulations with one dwelling no impact to any of these
issues is expected beyond what would occur under the
County. No significant negative impact is expected.
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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 R-3 zone. The property is of adequate size
and has adequate access to facilities for the type of
uses permitted 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, and size of
the proposal. 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 SAG-10 to
the City R-3 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. No
significant negative impact is expected.
Will the Requested Zone Change Encourage the Most
ARRropriate Use of the Land Throughout the Jurisdiction?
The requested zoning classification would be consistent
with the Kalispell City -County Master Plan. The Plan and
the existing permitted uses under the zoning ordinance
generally identify this area for residential uses. 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
a part hereof, for the territory by this Resolution annexed to the
City of Kalispell, and
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WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Myren Addition No. 268, 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 T, 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 Urban Single Family Residential, R-3.
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 lath DAY OF July , 1995.
"'d 0,
156ugfls D. Rauthe, Mayor
ATTEST:
-&UL�u (�� m6a.
Debbie Gif CMC
Clerk of C it
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EXHIBIT "A"
Assessors Tract 5AH,in Flathead County, Montana Township 28 North,
Range 22 West, p.M.M.,
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EXHIBIT 11 B "
MYREN ADDITION NO. 268 ANNEXATION
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION #3838
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, 1989 (Resolution J3838). This broad -based extension of services plan, together
with this "mini -plan" comprise the Extension of Services Plan for the Myren
Addition No. 268, annexation.
EXISTING SERVICES:
Water: A municipal water line exists in Garland Street. The City has sufficient
capacity to serve this site when the extension is made.
Sewer: An sanitary sewer line exists In Garland Street. The City has sufficient
capacity to service this property when extensions are made.
Storm Drainage: No area wide storm drainage system exists in the area.
Streets: Garland Street is a two lane paved street with sufficient capacity to serve
this site. An existing 20 foot access easement is provided across the north 20 feet
of Lot 9, Block 8 of Sunset Addition. This easement was created in June, 1993. This
access is adequate for a single family residence but does not meet City Standards
for any increased development.
Garbage Collection: Available by contract from private companies.
Police Protection: Flathead County Sheriff's Department.
Fire Protection: West Valley Fire Department.
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NTICIPATED LERVICE NEEDS:
hc
a er: water supply would be able to beextended
{ es and extensionsYwou d from the
water main in Garland Street. Spec p
evaluated at the review stage of any development permit.
ewer: Sewer would be flow into the mal plant in
disposal oral Garland
sys system would be evaluated
Into the h review phase of anydevet development permit.
during t
Storm drainage: On -site retention and/or disposal of storm Currently a dra ter will beeva
uated
exists
during the review phase of any proposed development.
at the westerly easterly end of the proposal. Any development of this property
would need to take into account this drainage.
Strom: Garland Street is a two lane
exists across theed rod with 20 feet of lot 9,
ient capacity to serve
this site. A 20 foot access easement
Block 8, of Sunset Addition. This access is adequate for construction of a single
family residence.
t►arbaoe Collection: The City has the capacity fand r municipal service. ment toandle the needs
of this site at the time It becomes eligible
Pol�ire: City of Kalispell Police Department {1� b Fire
to provide *separtment rl be vice" to this
to serve the tract upon annexation. They
property on the substantially same basis and
In the
h sa Lymanner in which this
service is currently provided to the rest of the
E)LTENSI�N AND FINANCE STRATEGIE5:
The cost of extending such purer ? s luece of police and fire money to extend these type of
rotection are
expected to be negligible. The g
services is from the general tax reVelndivldual improvements s received from this rtoe heap opertY
properties inside the City limits.
Including the extension of the water line, thene, and stormwater managem
Any aeeat
improvements will be the responsibility oftem
wide improvements relative to ae entire ive municorm drainae ipality andgn �srt by sple cal
financed in part by the residents of th
assessments for that purpose.
FA-.AKA95-8ES.MYR
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