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Resolution 4161 - Annexation - Keller AdditionRESOLUTION No. 4161 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 "Alf , TO BE KNOWN AS KELLER ADDITION NO. 259; To ZONE SAID PROPERTY Two FAMILY RESIDENTIAL, R--4, To AMEND THE CI'T'Y ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE* WHEREAS, the City of Kalispell has received a petition from Charles E. Keller, the owner of the property described in Exhibit "A'l, 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 Keller Addition No. 259, City Zone Request, KA--94-2, } date€. Tune 29, 1994, 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 Two Family Residential, R--4, 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 w ith the Master plan? The subject property is within the jurisdiction of the Kalispell City -County Master Plan. According to the neap of the master plan, the property is currently designated "High Density Residential", with a maximum density of 40 dwelling units per acre. The requested zoning is in compliance with that designation. Does the re nest lessen congestion IF in the streets? The impacts due to this zone change would not effect the street system since only one (1) residence or duplex per lot is permitted by this zone. Any impact due to the subdividing of the land would be analyzed at the time of processing the plat. No significant negative impact is expected. Will the requested zone secure safet from fire anic and other dangers? Development within this zone is subject to development standards including: lot coverage, maximum building 1 uq3-19 1q! DO height; 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 re_quested zonepromote the health and general u7aA 1 f a r a j 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 Plan. The Master Plan would support the requested zone change. Designation of this area as R---4 would serve the Flathead region with additional residential development. Any traffic generation that the proposed change allows would be mitigated at the time of development. In addition, this area has direct access to an existing major arterial and may have access to US Highway 93. Any impact to stormwater runoff, sewers and water would be addressed at the time of subdivision approval or 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 off is ial Zoning Map ar e done in th© 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) would ensure that light and air are adequately provided. No significant negative impact is expected. Will the requested zone revent the overcrowding 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 2 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 would 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 of the land. This would not happen as the proposed zoning will insure that the site is properly developed. No significant negative impact is expected.. Will the re nested zone facilitate the adequate provision of transportation, water, sewer, schools arks and other public requirements? The additional demands for transportation,, water, and sewer will be evaluated pursuant to individual development proposals. The types of uses permitted in the zone would impact the schools and parks however, this impact would be analyzed at the time of subdivision approval. The need of public facilities for the SAG-10 zone may differ from hose .requi.Led in the R-4 zone, however, adequate facilities are available. No significant negative impact is expected, Does the requested zone give consideration to the articular suitability of the pro ert for articular uses? The subject property is well suited for uses permitted within the R-4 zone. The property is of adequate size and has ad. -equate access to facilities for the type of uses permitted in the proposed zone. No significant negative impact is expected. Does the requested zone ctive reasonable consideration to the character of the district? The properties in question are 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. 3 r Would the proposed zone conserve the value of build in s? The subject request would not 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 R--4 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, Will the requested zone encourage the most appropriate 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 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 -4 610 , 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 dexrelope►d 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 Keller Addition No. 259, 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, Keller Addition No, 259 is included within and conforms to the Kalispell City -county Master Plan, and 4 v WHEREAS, the City of Kalispef 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_ 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 Two Family Residential, R-4. 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 KAL I SPELL THIS 1st DAY OF August . 19 9 4 . Dougl D. Rauthe, Mayor ATTEST: Amy H. Robertson Finance Director 5 EXHIBIT "A" A tract of land in Government Lot 1. of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows Beginning at the intersection of the Southerly line of a County Road and the Westerly line of U.S. Highway No. 9 3 ; thence along the Southerly line of the county Road North 89037 ; 3011 Nest a distance of 219.76 feet to a point; thence North 4 ° 5 9 1 2 2 11 West a distance of 8.88 feet to a point; thence Forth 8905114411 West a distance of 187.45 feet to a point; thence North 8905214211 West a distance of 403.47 feet to the Northwest corner of that parcel shown on Certificate of Survey No. 6761, Which point is on the Southerly line of a county Road, and which point is the True Point of Beginning; thence along the Southerly line of the County Road South 89052142" East a distance of 60.00 feet to a point; thence leaving the Southerly line w of the road }� South 0° 2 0' 3 a" West a d i stance of 2 31 r 0 0 feet to a point; thence Scu th 8-9 ° 4 8 ' 3 4 " East a distance of 750.84 feet to the Westerly line of U.S: Highway No. 93; thence along the Westerly line of the Highway South 010 21112" West a distance of 307.32 feet to a paint; thence North 89057' 40" West a distance of 407.33 =( feet to a point; thence North 89,05114811 West a distance of 403.45 feet to a point; thence North 002012911 East a. distance of 539.71 feet to the point of beginning. Parcel B of certificate of Survey No. 7966. November 1, 1994 I, Debbie Gifford, the undersigned, Clerk of the Council of the City pf Kalispell, certify that the foregoing is a true and correct copy of Resolution 4161, adopted by motion by the City council of the City of Kalispell at city Hall on August 1, 1994. c D%LICHI lFl� C, of council 9�qD3-Mq p— Z STATE OF O3 IMI County thud -- . .f' ' F c ; L. t � j'.;�°?.rr� �T; ti �- $ • Pass$ of OrNrd jrIrd4-S —It hu d OfI Al IQ R 11 2 O-N 1 i N.+ki.iF a