Resolution 4239 - Annexation & Zoning - Marshall Addition1179
RESOLUTION NO. 4239
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 MARSHALL ADDITION
N0. 269; 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
Jon and Jean Marshall, 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 Marshall Addition No. 269, City Zone Request, #KA-95-9,
dated August 28, 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 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 Requested Zone Lessen Congestion in theStreets?
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.
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Will the Reguested zone Secu a 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.
No significant negative impact is expected.
Will the Reguested 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 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
ensure that light and air are adequately provided. In
addition, any development beyond a duplex would require
approval of a Conditional Use Permit.
Will the Requested Zone Change Prevent the Overcrowdin
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 5th Avenue East. This sewer
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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 UndueConcentration 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 Requested Zone Facilitate the Adequate Provision
of Trans ortation Water Sewer Schoolso Parks and Other
Public Re uirements?
Additional specific 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 further away. No
significant negative impact is expected.
Does the Requested Zone Give Consideration to the
Particular Suitability of the PrORerty 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
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proposed zone. No significant negative impact is
expected.
Does the Beguested 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 Pro_ osed 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 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
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 Marshall Addition No. 269, subject to
annexation, including water, sewer, storm drainage, streets,
garbage collection, police protection and fire protection, and
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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, Marshall Addition No. 269 is included within and
conforms to.the Kalispell City -County Master Plan, 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-
1.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
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PASSED AND APPROVgD BY THE CITY UNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS Z DAY OF a C��e+' . 1995.
Dougla D. Rauthe, Mayor
ATTEST:
~ d �rnc
Debbie GiOL
CMC
Clerk of l
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A tract of land in the NW1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, described as follows:
Commencing at the North Quarter corner of said Section 20; thence along the Fast line of the
NW 1/4, South 0°03W" East, a distance of 299.41 feet to the Point of Beginning, which point is on
the West line of that parcel shown on Certificate of Survey No. 1717, thence continuing along the
East line of the NWl/4, also being the West line of the aforesaid parcel, South 0°03'00" East, a
distance of 102.76 feet, thence South 76039'00" West, a distance of 192.48 feet to the Easterly line -
of Fifth Avenue East; thence along said Easterly line North 13 021W West, a distance of 100.00 feet,
thence North 760394)0" East, a distance of 216.12 feet to the Point of Beginning.
Excepting therefrom the West 150 Feet of the property described Herein
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EXHIBIT "B"
MARSHALL ADDITION NO. 269 ANNEXATION
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION #3838
PREPARED BY THE
FLATHEAD REGIONAL DEVELOPMENT OFFICE
AUGUST 28, 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 #3838). This broad -based extension of services plan together with this
"mini -plan" comprise the Extension of Services Plan for the Marshall Addition No. 269
annexation.
EXISTING SE VIC S:
ater: 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. Sewerage is handled by onsite disposal
methods.
Storm Drainage: No storm drain system exists in the area.
Streets: 5th 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 Fire Department.
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 capacity to serve the new
development, a water main must be extended to connect with a main of sufficient 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.
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Sewer_: Sewer does not exist to this site. Currently, septic systems are used in this area,
A Special Improvements District has been 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.
Storm Drainage: Retention and/or disposal of storm water will'be evaluated during the
review phase of any proposed development. Storm drainage would be handled onsite at
the time of development.
S: 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.
Garbage Collection: The City has the capacity and equipment to handle the needs of this
site at the time it becomes eligible for municipal service.
eQliceffire: City of Kalispell Police Department and Fire Department will be available to
serve the tract upon annexation. They will be able to provide'servicx" 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.
EXTEbISION AND INANE 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 has been 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.
F.\...1KA95-9ES.MSH
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