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Resolution 4159 - Annexation - Buffalo StageRESOLUTION NO* 4159 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 'Aft, To BE KNOWN AS BUFFALO STAGE AMENDED PLAT ADDITION NO. 257; TO ZONE SAID PROPERTY Low DENSITY g RESIDENTIAL APARTMENT, RA-11 To AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS the Cityof Kalispell has received a petition from . ' P Perry DiLoreto on behalf of DLC Homes of Montana, a Nevada � i corporationr the owner of the property described n Exhibit "Aft attached hereto and thereby made a part hereof, requesting that the 1 city of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a Buffalo Stage Amended Plat Additi No . report on S g on 57, Report #KA-� 9 4 - 4, dated June 28, 1994, and F� -County Planning Board and Zoning the Kalispell City recommended that the territory be annexed into � Commission y o the City of Kalispell and be zoned Low Density Residential Apartment, RA-1, and WHEREAS, based upon the Report of the Flathead Regional Development office and the recommendation of the Kalispell City - County Board and Zoning Commission the City Council County Planning g y C ncil of the City of Kalispell finds that the recommended zoning classification for the territory is appropriate based upon the following criterion: Does the re nested zone comply with the Muster 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 'High Density Residential", with a maximum density of 40 dwelling units per acre. RA-1 is in compliance with the Muster Plan. Does the request lessen congestion in the streets? Congestion in the street is caused by an overburden on the street of traffic. The zone in this case would not cause undo congestion because traffic generation is a function of the number of dwelling units that are allowed within a given area. The property is currently subdivided in a manner which precludes any further subdivisions, No additional traffic should be generated by this zoning designation. 1 Will the requested zone secure safety -from fire anic and other dan ersir Development within this zone is subject to development standards including: lot coverage, maximum building heights and the provision of off-street parking. Further, any development of the property is subject to review by the city's Site plan Review Committee, and requires the issuance of building, plumbing, mechanical and electrical 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 requested zone promote the health and general 1.7'MI faV-0? The general purpose of the City's zoning ordinance is to promote the general health and welfare and does so by implementing the City -County Master Flan. The Master Plan would support the requested zone change. Designation of this area as RA-1 would serve the Flathead region with additional residential development. Any traffic generation that the proposed change allows would have been mitigated at the time of subdivision development. In addition, this area has direct access to an existing major arterial. Any impact to s tormwater runoff, sewers, and water have been addressed at the time of subdivision proposals and development. 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 Nap 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 zoneprovide for ade uate light and air? The development standards of the zoning ordinance and sub- division regulations (i.e. parking, landscaping, clear vision setback, roadway improvements) would ensure that light and air are adequately provided. No significant negative impact is expected. Will the re nested zone 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 controls 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. 2 Will the requested zone avoid undue concentration of ]eo le? Concentration of people relates to the land use permitted by a particular zone. The proposed zone change would not increase residential density in the area. Infra -structure 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 will insure that the site is properly developed. No significant negative impact is expected. Will the re nested zone facilitate the ade uate rovision of trans Portation water sewer, schools arks and ether public re uirements? Any additional demands for transportation, water, and sewer will be evaluated pursuant to individual development proposals. Because of the existing subdivision and types of uses permitted in the zone, schools and parks should not be significantly impacted. No significant negative impact is expected. Does the re nested zone give consideration to the articular suitabilityof the ro ert for articular uses? The subject property is well suited for uses permitted within the RA-1 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 zone give reasonable consideration to the character of the district? The properties in question are well suited for the type of 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 zone conserve the value of build in s? The subject request would not significantly impact buildings. If legally constructed buildings exist that don't meet the requirements of the new zone those buildings would be considered non -conforming. This non --conforming status would permit those buildings to continue as before. There are no known uses that would be affected by this zone. A change to the RA-1 zone will not significantly impact, erode or devalue the neighborhood beyond the type of uses that are currently allowed. No significant negative impact is expected. 3 Will the requested zone encourage the most appropriate use of the land throughout the `urisdiction7 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 identifies this area for residential. 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 V-, i� �', a art hereof, for the territory b 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 f" services within the area of Buffalo Stage Amended Plat Addition No. 257, subject to annexation, including water, sewer, storm drainage, streets, garbage collection, police protection and fire protection, and WHEREAS,, said Bimini -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 budge ttrilwithout incurring additional bonded indebtedness, and WHEREAS, Buffalo Stage Amended Plat Addition No. 257 is included within and conforms to the Kalispell city -county Master `s Plan, and WHEREAS, the city of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana code Annotated. Zl"5 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KA.LISPELL 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. 4 SECTION I I . 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 said territory 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 Residential Apartment, RA-1. SECTION Iy. 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 DAY OF 1994. Do I uglwo D. Rauthe■ Mayor ATTEST AmAH. obertson Finance Director 0 9 4 339 9 D410 EXHIBIT "All Buffalo Stage Amended Plat, Phase I, in the E1/2 , SE1./4 , Section 31 & SW1/4 Sai1/4 , Section 32, T2 9N, R21West, P . M. M. , Flathead county, Montana. 6 M'TM A hm4wm November 1. 1994 I. Debbie Gifford, the undersigned, Clerk of the Council of the City of Kalispell, certify that the foregoing is a true and correct copy of Resolution 4159, adapted by motion by the City Council of the City of Kalispell at City Hall on August 1, 19940 V,(f7d PjT Debble ° GI' d, 6MC Kalispell e�k of Council STATE OF MONTANA, ss County of Flathead Recorded at the request of WT at