Resolution 4135/Annexation Lot 5754
RESOLUTION NOe . 41
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREINf AS AN ANNEXATION, A TRACT
OF LAND DESCRIBED AS LOT 5jr WESTERN ACRESr FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS WESTERN PINES ADDITION NO. 254; TO ZONE
SAID PROPERTY TWO FAMILY RESIDENTIAL, R-41 TO AMEND THE CITY ZONING
mAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE&
WHEREAS, the City of Kalispell has received a petition from
Ron Kelley, the owner of the property described as Lot 5, Western
a
Acres, Flathead Countyr Montana, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on the Annexation/Zoning of the territory dated September.
22, 1993, 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 with the Master Plan?
The property is designated by the Kalispell City -County
Master Plan as "Urban Residential" (2-8 dwelling units
per acre)b The requested R-4 zoning classification could
allow up to a maximum Of 11 dwelling units per gross
acre, Generally this would not be considered in
conformance with the Master Plan map, However, the text
of the Plan, in particular Policy 4F, speaks to the need
to coordinate development of multi -family housing, In
addition to this Policy, the-R-4 designation would only
permit a single' duplex be developed per lot. The
applicant has indicated that he intends to eventually
develop the property into four (4) duplex lotso
Is the reguested zone designed to lessen conggstion in
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the streets and facilitate the adequate Y)rovision of
transRortationt waterl sewera(ze, schoolsE -parks, and
other lic requirements?
A change from County Two Family residential zoning to a
City Two Family residential zoning is essentially the
same. The area is being served or can be served by urban
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infrastructure including: municipal street department,
fire and police departments, and sewer and water
utilities, Any development of this site will require
further City review,,, whether in the form of a
subdivision, or building permit and Site Plan Committee
review. Impacts from specific development will be
addressed at the time of the request,
Will the requested zone secure safety from fire,panic,
and other dangers?
The property does not appear to be subject to any
particular natural hazards. Any development of the
property will require compliance with all City safety
codes including uniform codes relating to fire and
building safety. Upon annexation, the property will be
served with municipal services including police and fire
protection, Water and sewer service is available in the
area.
Will the reguested zone promote the health and general
welfare?
The requested zoning classification will promote the
health and general welfare by restricting land uses to
those that would be compatible to the adjoining
properties. Other City codes that are intended to serve
the "general welfare" would also be applicable to any
additional development on the property.
Will the reguested zone provide for adequate light and,
I air?
The property development standards of the requested
zoning classification establish setback,, height,, and
coverage standards for new development. In addition, no
development more intense than a duplex will be permitted.
These standards are sufficient to ensurfa. adequate light
and air consistent with the character o�� the surrounding
area.0
Will the reguested zone T)revent the overcrowding of land
and the undue concentration of people?
Zoning (bulk and dimensional standards), subdivision and
site plan review will ensure that new development is
adequately served with utilities and other public demand
services.
Does the reouested zone give consideration to the
particular suitabilitv of the property for varticular
uses?
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Adequate infrastructure is available or can be
extended/developed to accommodate future developmente
The property is generally level and appears to be a
logical extension of the City and the uses permitted in
the area*
Doesthe requested zone.give reasonable consideration to
the character of the district?
The adjacent zoning patterns north, south, and east are
duplex/single family in nature* To the north, south,
east and west are single family homes and mobile homes.
The site is generally level and poses no unusual
development limitationse The proposed zoning is a "Two
Family Residential" classification that anticipates the
adequacy and availability of a full range of urban
services. The zoning and land sue characteristics of the
neighborhood already reflect this urban scale of
planning. The property is approximately one mile from a
major retail center for convenient shopping*
Will the proposed zone conserve the value of buildi ?
The proposed zoning classification will allow development
densities similar to development densities permitted on
adjacent lots., This compatibility encourages neighborhood
stability*
will the r sted zone encourage the most approi)riate
use of the land throughout the municipality?
The requested R-4 zoning classification would provide
additional affordable housing opportunities consistent
with the policies of the Master Planr zoning and
permitted uses in the areaf
WHEREAS, on the 3rd day of Aprilp 1989 the City Council of the
City of Kalispell adoptedIP pursuant to Section- T-2-45061 Montana
Code __ Annotatedr an Extension of Services Plan wh-ich anticipates
development of City services for approximately f�ve years in the
futurer and'
WHEREAS, the City has caused to be developed a "mini -extension
of services plan'If attached hereto as Exhibit- "All and thereby made
a part hereof, for the territory by this Resolution annexed to the
city of Kalispellf and
WHEREAS,, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Western Pines Additionr subject to
annexation, including waterr sewer, ostorm drainage, streets,
garbage collection, police protection and fire protectiont 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
I WHEREAS, Western Pines Addition is included within and
conforms to the Kalispell City -County Master Plan.
NOW THEREFOREl 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 as Lot 5. Western Acres, Flathead
County, Montana, shall be annexed to the City of
Kalispell and the boundary of the City is altered to so
provide, subject to the following conditions:
110 At the time any future development proposes to
use Western Drive, the undeveloped portion of
Western Drive shall be developed to City of
Kalispell standards out to existing
improvements,
2e Western Drive and Seventh Avenue West abutting
this development will be constructed with
curb, gutter, and sidewalks and a boulevard
shall be provided for street tree planting per
City policys
3* if the existing 8-inch water main in Seventh
Avenue West does not have the capacity to
service the project a new main shall be
constructed 6
4* A sanitary sewer main will be connected to the
City's mains.
SECTION Il. Upon the effective date of this Resolution,
the City Clerk -Treasurer 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 -Treasurer, 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
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758
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 ResidentiaIr R-4,
SECTION IVe This Resolution shall be effective 30 days
from and after its passage by the City Council*
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
1 St DAY OF NOVEMBER 1993
Douglas%. Rauthe, Mayor
ATTEST:
Amy H Robertson
FinanCe Director
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EXHIBIT "A"
KELLYADDMONNO.-
SION OF SERYICES PLAN
ADDENDUM TO CITY RESOLLT11ON #38M
PREPARED BY THE FRDO
I'S BER 1993
The subjwt pmpwty is widdn the Servioe Area Boundary of&e City of-7-4 pdl asdescribed
by ffic ExtmWon of&wvkm Phm adoptcd by the Oty of%Kr 'm
al an AprR 39 1989, (Resolution
OMB). This broad4mmd extonsion of semsm plant topther with "minimplanO CMP=
the Extension of Savk= Plan for the KaUy w Seventh Avenm Wed. annematio&
10 6
municipal water line Ues M* Seventh Avenue Wwt It sho have the
capadty to semea a - - -!-
pwjwL on this 5party.
is a
A Forwd M sanitary stwer eoxigs in Scvcalh Avczuo WcGL This Forced Main
pprmwizod mwer lint that would not bo ablo to bo tappad into by a pavity food Any
3 mp o need to be piped to the Mal n Or fift stWon M" SunnyW& Drive qmw a y 300
feet south of
Rtnnn No stomwatcr drainap facififics oxist in arc&
oft 1h " 10
Smnth Avonue West is a dodkated and ia'mp 0 ved road. Westun Drive n* an
ved private road. Paving ofWcsWm Drive would be required ifused for acms by any
fuwm dewo Pavemcnt would bc noccmary to comply with tho Citfs dcan air
a
ordinanm
panw&
Garbalm CaDallom Available by contmct fiam private mm a
EQEM Tbc Flathcad County Shaffs Dtpartinmt
Vim RMLqgfiQn: West Valley Volunteer Fire Department
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760
WU&W
. Dq=ding on thr, typc of dcvelopincut, watOrsuPPlY InaY bre able tO be cxtmdcd to the
prope;rty from the Sminch wauw rme in S nth Avenue West If no4 a water mi St be
c,,t.&,d to conacct with a magm aftuTmient caPacitY to Verty. Capacity and any
r,xt=&ons would be cvguatcd at dw rcwcw sUP of any dcvdopm=t pmmiL
Sewer would be coHwud in a cOnventiO Sm*Y now ]SPIAP-MI1111 which would flow into
is connectod with the CIVs sewcr
the lift station locatcd on Sunnyside Dfive. This Uft StatiOn 0
11b dispmal Vs would be evaluated during the review ph= ofany development
SIQ= No swm dmin exisu neu the site. On-dto mention and di"W of storm
water wiR be evaluatod the wvkw phow of any proposed davelopn=t
gtt,o fim tho north * Stvcnth Avenut Wc8L IfWatem DrWo is used
sum= Acmw to the A via
for aoom by future develOPmMt it wiR be nemssary to extend paving on this street to wdsting
improvemenue In addition� strwt tme planting wHI be necesmuYs
- vido solid wam d*)omd wMc* to the
Ombfiae COMO!= Tbo Oty of K913POIl wM nOt *@' sh 1�
a=cxcd torlitory for a d poriod of at k" 5 y=M cowhftnt wM tho provwon of 7-2-4736,
0 to at the
M C, A, JU City doa have the Capacity equipment to the nw& of si
Cme it bwmes eligible for municio mM(*,p
EQj=jr= City0f PoIi=Dq=tMcat Frm Dcpartmcnt wM be avaUablc to Som
KaUspcll
the, traa upon mmemation. They wM bc able to PrOvIdc "Bcrikz" tO party on the
,subowtiaUy r M- a is currently provWd to
,ame basis and in the same anner in which swim
the, reA of &a municipffitya
Ile cost of cmtmding such PubUG scrvim as POlicc and fuv Pvtm;t'on arr' exPocftd to be
negfigibk until mch time as the proFAY is &mvdOPC& The genwA sour= of money to extmd
0 0
901mcc* is from the gcncral tax r"muc* roccivad from this property and other
thcw VPC Of a
Propmrtica k3w the aty finitiL Indilddual to the propa% including tbc pavmg
of Western Drjve� the jInprovement to the strwts abutdng the site, the extension of the water
and mw line; and stom M jMPMvements will be ffic responn"'bffity of the
rainage
bmdowners Any areawvAs& improvements roMve to ac*mPrOhQP5IvO stOrme'
M
wM be irmanc*d * pad by the rwid=ts of ft cutim munkipafity and in pad by spc4al
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761
At the fim any futurt denlopmcnt propom to use Westam Drivr, the un&m1oped
KWkpeg st ards out to
pwtion of We4ftm Drive be &velopcd to (2ty of mra
. IF VUVUUmUtL
axisftg I
Wcdm Dri" and Sommth Avonut West abutting dcvtIopm=twWbcc*mtructcd
wi& curb, ptter, sidewaks and a boukmud " be provided for gmt t=
ting pa Chy policy
If the wds6ng Riminch water in Seventh Awnue Wed dew not have the capacity to
service the a new mam be conshmaedL
4a A sanitiq sewer ma'in-will be conn=W to the Oty's maiDL
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