Resolution 4135/Annexation Lot 5754
RESOLUTION NC . 41
A RESOLUTION TO PROVIDEFOR T i E ALTERATION OF THE BOUNDARIES OF THE
CITY OF I ALISPELL BY INCLUDING T EREIN f AS AN ANNEXATION, A TRACT
OF LAND DESCRIBED AS LOT 5 , WESTERN ACRES r FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS WESTERN PINES ADDITION NO. 4•, TO ZONE
SAID PROPERTY TWO FAMILY RESIDENTIAL, R- , TO AMEND THE CITY ZONING
MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City f Kalispell has received a petition from
Ron Kelley, , the owner of the property described as Lot 5, Western
Acres Flathead County, 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.
, 1993, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell ell and be zoned Two Family Residential, R-4, and
WHEREAS, based upon the Report of the Flathead Regional
Development anent office and the recommendation the Kalispell City -
County Planning Board and Zoning Commission, the City Council of
the City f 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
r acre). 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 reap. 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 lots.
Is the reguested zone designed to lessen congestion in
the streets and facilitate the adequate roviion of
transRortationt waterl se ►Ter (e , schools -parks, and
other ublic requirements?
A change from County Two Family residential zoning to
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 fora of a
subdivision, or building permit and Site Flan Committee
review. Impacts from specific development will be
addressed at the time of the request.
Will the requested zone secure safety from fire,panic,
nicw
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 serge
the "general welfare's would also be applicable to any
additional development on the property.
Will the requested zone provide, for adequate light and
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 c : the surrounding
area.
Will the r ' uested zone pr v n t�the. _ overcrowding of land
and the, undue--, concentration of people?
Zoning (bulb 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 sui.tabilit - of ,the property forya ti u_l r
uses ^�. ._
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Adequate infrastructure is available or can b
extended/developed to accommodate future de elop gent e
The property is generally level and appears to be
logical extension of the City and the uses permitted i
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 nest are single family homes and mobile homes.
The site is generally level and poses no unusual
development limitations e 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 buildin s?
The proposed zoning classification will allow development
densities similar t development densities permitted on
adjacent lots., This compatibility encourages neighborhood
stability*
will the re nested zone encourage the most a ro ri to
use of the land throughout the municipality?
The requested -4 zoning classification would provide
additional affordable housing opportunities consistent
with the policies of the Master Plan, zoning and
permitted uses in the area.
WHEREAS, on the 3rd day of April, 1989 the City Council of the
City of Kalispell adopted, pursuant to Section - -4 0 1 Montana
Code Annotated, an Extension of Services Plan which anticipates
development of City services for approximately f, ve years in the
future, and
WHEREAS, the City has caused to be developed a "mini -extension
f services plan'I , attached hereto as Exhibit_ "All and thereby made
a part hereof, for the territory b this Resolution annexed t 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 western Pines Addition, subject t
annexation, including water, suer, ostorm drainage, streets,
garbage collection, police protection and fire pr'ote tion t 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, Western Pines Addition is included within and
conforms to the Kalispell City -County Master Plan,
NOW THE E FORE , BE IT RESOLVED BY TIME 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,
2 e 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 policy.
If the existing -inch water main in Seventh
Avenue West does not have the capacity t
service the project a new maim shall be
constructed.
* A sanitary surer main will be connected to the
City' s mains.
SECTION I I . 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 a
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 dents, lags and Ordinances and regulations in
farce in the City of Kalispell and shall be entitled t
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the sane privileges and benefits as are other parts o
the City.
SECTION iii• The territory annexed by this Resolution
shall be zoned Two Family Residential r - .
SECTION 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 DAB' 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 RESOLUTION #38M
PREPARED BY THE FRDO
SBPTBMBER 1993
The subject property is within the Servioe Area Boundary of tle (Sty orRaGspell asdescxibod
by theEctmsion of8erviceaPJau adoptsdby the Qtyof KalonApri13,1989, (Resolution
OMB). This breed -based ea6ausion of services plan, togeWv with this "mini -plan" oomp�iae
the Extension of Savk= Plan for the Kelly -Seventh Avenm West, ammcation.
wart- An &i�h municipal water line lies in Seventh Avenue West It should have the
cspaary to earvioe a projxt on this property.
A Forced Main sanitary scwa exists in Seventh Avczuot. This West. Forced Maio is a
prpsuriud sevraline that would not bo abk to bo mppod into by s pavity food syetw. Any
sewage would seed to be piped to the main or fift station is SunnyW& Drive qmw a y 300
feet south of this proper►y.
Rtnnn No stormwaticr drainap facififics caist in this ana.
i� Smnth Avonue west is a dedicated and ia'mproved mad. western Drive �s an
unimproved private mad. Paving ofWcsWm Drive would be required ifnsedfor acessby any
future dewo Pavement would bc ncccsary to damply with the Citfs dean air
ondinanm
Gar
CaDallom Available by contract from private companies. balm
EQEM ProUmtion: 1Le Flathead County Shaffs Dtpartinmt
Vim Protection: west Valley Volunteer Fire Department
760
WU&t: Dq=ding on the typo of dcvelopincut, watar supply msy bre able to be wctimdcd to nce
Property from the 8-inch water rme in S nth Avenue West If not, a wader main mi St be
and �n
e�ctmd�id to connect with amain o�sufficaentcapacityto Bern t�pa+Verty. CapacityY
extensions would be cvaiustod at the rcvicw sty of any dcvdopm=t permit
Sewer would be caHecud in a conventional gravity now sPoam which would flow into
the lift station located on Sunnyside Dfive. This lift station is conuect�cd with the CIVs �acs
Z'bis dispmal system would be evaluated during the review ph= ofany development
t
SIQ=' : No storm drain exists Heart the site. On-dto retention and di"W of storm
water will be evaluated during the review phase of any ProP°90'd davelopn=t
Acmw to the anti is fim t1�a north via Stvcnth Avenut Wc8L If Wester Drava is used
sum= for a+ocess by future develOPmMt it will be nevessaay to extend peeving on this street to eustin$
improvemenue In addition, street tree planting will be necesaary.
• Tbo sty 0� K913POIl W�1 not provide solid waste d*)womd1YioC t4 the
anneaod territory for a period of at least5 y=M cvas�nt wjth tbo Fro�►i�ion of 7-2r4736,
M.C.A. The City does have the capacity equipment to handy the nos of this site at the
time it bwmes eligible for municipal mrviae.
per; City cf KaUspcll PoIi=Dq=tMcat and Fur Dcpartmcnt wM be avaUabla to scm
the traa upon annexation. They will bc able to providz "Bcrvia" to thin property on the
subtantially same basis and is the same meaner is which this service is currently provWd to
the s�cst of &a mwaicipffily. .
The cost of extending such public sen►ices as POlicc and fnv protection are expected to be
negligible until such time as the property is developed. the g+cnerA source of money to ea#end
thc�e typo of acrvicxs is from the general tax rcvenn� rocaivod from this property and other
properties insidethe City finitiL Indsvidual impmvcn�at� to the propcaty, including the P$vinB
of Western Drive, the improvement to the streets abutting the site, the extension of the water
and aewar line; and stormwaticr miomprovtments will be the respansitu7ity of the
landowner. Any areawvAs& improvements reMvoo to acamprohansive stann drainaga �ys6em
w�l be financed*n part by the residenlg of the entire municipality and in part by special
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1. At the fim any futurt denlopmcnt pmposcs to use R►oatan Drivc, the un&mYopcd
portion of western Drive shall be developed to (2ty of Kalispell standards out to
iniprov�o�ncnta.
c�sti�rg
2. Wcdm Dri" and Sommth Avonut West abutting dcvtIopm=twWbcc*mtructcd
with curb, ptter, and sidewalks and a boulevard s6a1! be provided for stroat tree
ti°6 Pa Chy policy
3. If the eocisting 8-inch water main in Seventh Avenue West does not have the capacity to
service the prajecr a new main be conshnaed.
4. A sanitary sewer main -will be coanocted to the Oty's mains.
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