Resolution 3997 - Annexation - Riverview Greens163
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RESOLUTION NO. 3997
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN REAL PROPERTY TO BE KNOWN AS RIVERVIEW GREENS ADDITION
NO. 241; TO ZONE SAID PROPERTY RESIDENTIAL, R-3, AND TO AMEND THE
CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the boundaries of the territory to be annexed is
contained in Exhibit "A" attached hereto and for purposes of this
Resolution made a part hereof, and
WHEREAS, the Flathead Regional Development Office has made a
report on the annexation/zoning of the territory dated June 4,
1991, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing on the annexation and zoning of
the property, pursuant to Section 6.13, Kalispell Zoning
Ordinance on June 11, 1991 and recommended that the territory be
annexed into the City of Kalispell and be zoned Residential, R-3,
in accordance with the Kalispell Zoning Ordinance and the
Kalispell City -County Master Plan, and
WHEREAS, the City Council of the City of Kalispell held a
public hearing pursuant to Section 6:13, Kalispell Zoning
Ordinance on July 15, 1991 to consider the report made by the
Flathead Regional Development Office and the recommendation of
the Kalispell City -County Planning Board and Zoning Commission,
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 in accordance with the
Kalispell City -County Master Plan and the Kalispell Zoning
Ordinance based upon the following criterion:
1. Does the PrOROsed zone comply with the masterplan?
The Kalispell City -County Master Plan indicates a high density
residential land use designation for the subject property. The
proposed zoning classification is an urban scale classification
allowing high density single family residential development. The
proposed classification would be in substantial conformance with
the anticipation of the master plan.
2. Is the Proposed zone designed to lessen congestion in the
streets?
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The proposed zoning classification largely reflects the design of
the platted subdivision. The zoning will not alter the
development pattern or density of the subdivision.. Therefore,
the proposed zoning will have no affect on traffic patterns or
trip generation beyond the existing situation.
3. Will the proposed zone secure safety from fire anic and
other dangers?
Again, the proposed zoning largely reflects the bulk and
dimensional requirements of the existing subdivision. The
proposed zoning will not increase the development potential of
the property. Upon annexation, the subdivision will be served
with all city services such as police and fire protection.
4. Will the proposed zone promote the health and general
welfare?
The proposed zoning is consistent with the Master Plan which is a
measure of general public interest. The zoning is also
compatible to the lot layout and existing uses of the
subdivision. The proposed zoning will serve the general
interests of the subdivision and be compatible with the adjoining
zoning classifications.
5. Will the proposed zone provide for adequate light and air?
The proposed zoning classification closely reflects the
subdivision layout relative to lot dimensions and setback
requirements. The zoning will also require that the undeveloped
lots be built out in a substantially similar manner to the
developed lots. Minimum yard requirements in R-3 zoning
classifications are 20 feet for the front, 5 feet for the side, 0
for the rear. The maximum building height requirement is 35
feet. Maximum lot coverage is 40%. All these requirements
combine to insure that adequate light and air is being provided
consistent with a single family residential subdivision.
6. Will the proposed zone prevent the overcrowding of land?
The subject property is currently served by public water and
sewer facilities and other public utility services. The
subdivision was approved pursuant to the current subdivision
regulations for Flathead County. Integral to subdivision review
was assurance that the land was not over built relative to the
availability of public services.
7. Will the proposed zone avoid undue concentration of people?
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A residential R-3 zoning classification will allow a single
family dwelling on each lot of record. Each of the lots of
record comply with the bulk and dimensional requirements of the
proposed zoning classification. As such, excess or undue
concentration of the people will not occur.
8. Will the proposed zone facilitate the adequate- provision of
transportation, water, sewerage, schools arks and other iRublic
requirements?
These considerations were evaluated pursuant to subdivision
review for Riverview Greens. The subdivision was required to
connect to the North Village Sewer District and to the Evergreen
Water and Sewer District. In addition other public utility
services were extended to each of the lots. Private roads were
developed to provide access to the individual lots. In addition,
on site parks were required. The proposed zoning will not affect
these standards that were required by the subdivision process.
9. Does the Rroposed zone give consideration to the particular
suitability -of the property for particular uses?
The subject property was platted as a single family residential
subdivision. All infrastructure has been installed to support
the demands of the property including roads, sewer, water and
other public services. The proposed zoning classification is
compatible with the approved development pattern of the property.
10. Does the ro osed zone give reasonable consideration to the
character of the district?
As suggested throughout this report, the proposed zoning
classification largely mimics the characteristics of the platted
subdivision. The zoning is also compatible to the other
residential developments in the area.
11. Will the proposed zone conserve the value of buildings?
The proposed zoning will insure that the vacant lots are
developed in a manner similar to,those parcels that have already
been developed with residential dwellings. This will protect the
property interests of both the developed lots and vacant lots..
12. Will the proposed zone encourage the most aRvropriate use of
the land throughout the municipality?
This area and other areas along Whitefish Stage Road have
developed a residential character over the last 20 years.
Infrastructure has been extended to this area for the purpose of
accommodating additional residential development. The proposed
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zoning classification is consistent with previous subdivision
approvals for the area and is also consistent with the
anticipation of the Kalispell City -County Master Plan.
WHEREAS, on the 3rd day of April, 1989 the City Council of
the City of Kalispell adopted, pursuant to Section 7-2--4305,
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 the maintenance of
existing services within the area of Riverview Greens, 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 City budget, without incurring additional bonded
indebtedness, and
WHEREAS, by the terms of a certain CONSENT TO ANNEX
AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT,
dated August 12, 1988, Buffalo Chip Partnership, a predecessor in
interest to the current freeholders, did waive the right to
protest annexation of and consented to the annexation of the
Riverview Greens by the City of Kalispell, and
WHEREAS, by the terms of said CONSENT TO ANNEX AGREEMENT,
all owners, purchasers under contract for deed, and resident
freeholders have waived their right to protest annexation to the
City of Kalispell, and therefore the provisions of Section 7-2-
4314, MCA should not apply, and
WHEREAS, .said Riverview Greens is included within and
conforms to the Kalispell City -County Master Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KALISPELL AS FOLLOWS:
SECTION I. That all of the real property as is more
particularly described in Exhibit "A attached hereto,
shall be annexed to the City of Kalispell and the
boundaries of the City are altered to so provide.
SECTION II. Upon the effective date of this
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Resolution, the City Clerk -Treasurer's office 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
prepared by the City
effective date hereof,
said annexed territory
shall be subject to all
regulations in force in
be entitled to the same
other parts of the City.
of filing of said documents as
Clerk -Treasurer, or on the
whichever shall occur later,
and its citizens and property
debts, laws and ordinances and
the City of Kalispell and shall
privileges and benefits as are
SECTION III. The territory annexed by this Resolution
shall be zoned as Residential, R-3, and the City of
Kalispell zoning map shall be altered to so provide.
SECTION IV. This Resolution shall be effective thirty
(30) days from and after its final passage by the City
Council and approval by the Mayor.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
DAY OF July , 1991.
ATTEST:
Amy H Robertson
Finance Director
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NOW • i •
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EXHIBIT a
RIVER VIEW GREENS ADDITION NO. 241
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RIVER VIEW GREENS, A PLAT ON FILE AND OF RECORD, CLERK AND
RECORDER'S OFFICE, FLATHEAD COUNTY, MONTANA.
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EXHIBIT "B" F.R.D.0. .tune 18, 1991
RIVER VIEW GREENS ADDITION NO. 241
River View Greens is a 60 lot single family residential subdivision off of
Whitefish Stage Road near the convergence of Whitefish Stage Road and West
Evergreen Drive. This subdivision adjoins the City of Kalispell Golf Course.
The final phase of River' View -Greens was recorded in September, 1990. The
subdivision is fully developed with local private roads, sidewalks, public
utilities, homeowners' parks, lighting and storm water drainage improvements.
A municipal service review was performed in June 1991 by the Kalispell Fire,
Police, Public Works, and Parks Departments. The result of this service
review is that each department is able to provide municipal services to the
River View GreensAddition
services arecurrentlyprovidedto the restofthe
non ebysame sis and in hs
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municipality.
The River View Greens Addition 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 the following "mini —plan" (specific
to this annexation) comprise the Extension of Services Plan for the River View
Greens Addition.
EXISTING SERVICES:
Water:
Water service to the subdivision is provided by the Evergreen Water and Sewer
District. The mains in the subdivision are 8" and 12" in diameter with 6"
hydrants.
Sewer:
Sewage collection in the subdivision is provided by the North Village Sewer
District. This sewer district utilizes the City of Kalispell sewage system for
disposal of the waste and said sewer district is subject to an agreement with
the City of Kalispell which provides, in part, that connection to the City
system is acceptable provided the landowners waive the right to protest
annexation into the city limits of Kalispell. The sewer mains in the
subdivision have an 8" diameter.
Storm Drainage:
Storm drainage from the subdivision is treated on —site with an engineered
system. This system includes drainage collection along the roadways and a
detention pond facility.
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Streets:
The roads in the subdivision are private. The right-of-way of the roads is 60
feet with a paved width of 24 feet with two foot curb and gutter on each
side. These roads were built in accordance to Flathead County Standards for
Paved Roads.
Garbage Collection:
Garbage collection is available on a contract basis to the property from
private companies.
Police Protection:
The area is within the jurisdiction of the Flathead County Sheriff's
Department.
Fire Protection:
The subdivision is within the jurisdiction of the Evergreen Rural Fire
District.
ANTICIPATED SERVICE NEEDS:
Water:
The existing public water supply services of the Evergreen Water and Sewer
District are adequate to serve the needs of the subdivision. Upon annexation,
the water mains and water services will continue to be owned and operated by
the Evergreen Water and Sewer District.
Sewer:
The existing sewage collection system associated with the North Village Sewer
District is adequately sized and engineered to accommodate the 60 lots of
River View Greens. Upon annexation, the City of Kalispell will own and
operate the sewer mains associated with the annexed territory. The sewer main
distribution lines were designed and constructed in accordance to City of
Kalispell standards. An unresolved issue at this time pertains to the sewer
hook-up fees. The North Village Sewer District fee is $1,500 versus $500 for
City connection.. An equitable charge that reflects the mutual interests of
both the City and Sewer District will need to be negotiated.
Storm Drainage:
No storm drainage improvements will be necessary upon annexation into the City
limits. The existing stormwater collection and retention system was designed
to accommodate the needs of the subdivision. Maintenance of the system is the
responsibility of the homeowners' association.
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Streets:
Upon annexation, the City of Kalispell may accept the dedication of Lhe
private roads as public roads. A majority of the landowners must agree to the
dedication. This will convert ownership and maintenance responsibilities of
the roads from the homeowners' association to the City of Kalispell.
Garbage Collection:
The City of Kalispell will not providesolid waste disposal service to the
annexed territory for a period of at least five (5) years consistent with the
provisions of 7-2-4736, M.C.A.
Police Protection:
The City of Kalispell police department will be able to provide adequate
police services to the River View Greens Addition at the same quality and
quantity as what presently exists within the corporate city limits. This
subdivision is relatively close to the existing city limits and response time
is minimal from the police station or from the northeastern city limits.
Response time to the subdivision from the central station while driving the
accorded speed limits and obeying all traffic control devices was 4:58.
Response time to FVCC under similar conditions, for example, is 5:37.
Emergency response time would be less than the 4:58. Routine patrol and
visual exposure will create no more work load or manpower requirements for
this annexation. At the present time the Kalispell Police Department may
respond to public safety calls for up to 5 miles outside the corporate city
limits.
Fire Protection:
City of Kalispell fire protection will be available to the property upon
annexation. Emergency medical response via Kalispell ambulance is already
available to the property. The property is 2.4 miles from the Eire station.
The Kalispell Fire Department currently provides fire protection for
residential areas that are 2.9 miles from the fire station with response times
of six (6) to seven (7) minutes. Response time to the property during times of
fire emergencies is expected to be less than five (5) minutes. Fire hydrants ,
are in place for fire suppression purposes.
EXTENSION AND FINANCE STRATEGIES:
Most of the homes in the subdivision are less than two (2) years old and have
been built to Uniform Building Code standards. The relative low density of
the subdivision and the newer ages of the homes should not pose an undue
demand for fire protection. This type of residential subdivision is also "low
demand" relative to police protection. Impacts to the Kalispell police and
fire departments are expected to be minimal with no additional manpower or
equipment being anticipated to accommodate the annexed territory. The
financial costs of providing general municipal services such as police, fire,
street maintenance, parks and recreation, and all general administrative
services that the City of Kalispell intends to immediately extend to the
annexed territory will be shared by the entire municipality through municipal
revenues allocated and expended pursuant to the City of. Kalispell's annual
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budget adopted each fiscal year. No City of Kalispell bond issue is planned
for the sole purpose of financing the provision to municipal services to the
new annexed territory. No improvements to the annexed territory are
anticipated relative to the storm drainage and lighting. There will also be
no cost to the City relative to the extension of water and sewer service to
the property. Ownership and maintenance of the sewer system is not expected
to be a significant burden since the system was recently installed and
engineered to comply with the latest City of Kalispell construction
standards. The presence of homeowners' park facilities in the annexed
territory will also help satisfy local demands for public park facilities. No
additional impacts to the City of Kalispell park facilities are expected with
annexation since the residents of the annexed territory utilize private, on —
site facilities and probably already utilize City recreation resources.
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