Resolution 3998 - Annexation - Fairway Blvd174
RESOLUTION NO. 3998
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 FAIRWAY ADDITION NO. 242; 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 proposed zone comply with the masterPlan?
The Kalispell City -County Master Plan indicates a high density
residential land use.designation for this property. The proposed
zoning would allow only single family dwellings (without a
cluster development) but the urban nature of this zoning
classification would be consistent with the land use designation
of the Master Plan.
2. Is the proposed zone designed to lessen congestion in the
streets?
1
E
175
The subject property is currently zoned Residential R-4 under the
county zoning regulations. The proposed city zoning
classification is essentially identical to the County R-4. As
such, the proposed zoning classification is not expected to
affect traffic congestion beyond that which is already existing
under the current zoning.
3. Will the vroposed zone secure safety from fire anic and
other dangers?
The proposed zoning classification will have little effect on the
provision of public safety services to the area. Upon
annexation, City of Kalispell police and fire protection will be
available. Annexation and zoning will only affect the platted
pdrtions of this property.
4. Will the Proposed zone promote the health and general
welfare?
The proposed zoning is consistent with the zoning that is already
applicable to the property. Furthermore, the zoning is
compatible to the Master Plan and only affects the developed
and/or platted portions of the property. County zoning will
remain in effect. for any portion of the property that remains
outside the city limits. This will ensure some predictability of
land use for the remainder of the property and generally serve
the interests of both the residents and general public.
5. Will the Rroposed zone provide for ade uate light and air?
The townhouses subject to the annexation were built in accordance
to a conditional use permit. At that time, the adequacy of light
and air was considered. The zoning regulations allow for cluster
development with consideration of open space and setback
requirements. The property being annexed was developed in
accordance to those standards.
6. Will the proposed zonerevent the overcrowdin of land?
The subject property was developed in accordance to approvals
issued via the subdivision review process and the conditional use
permit review process. Both of these review evaluations
considered the adequacy of infrastructure serving the property.
The property is served by a private road and public water and
sewer facilities. These facilities are adequate to serve the
property and thereby prevent the overcrowding of land.
7. Will the proposed zone avoid undue concentration of people?
As stated earlier, the proposed zoning is identical to the zoning
that has been in place under the county zoning regulations.
Therefore, no change in land use density is expected with the
2
176
proposed zoning classification. As such, no more people are
expected under the proposed zoning than what would have been
expected under the existing zoning.
B. Will the proposed zone facilitate the adequate proyLsion of
trans ortation water sewerllai:rei, schools. parkst. and other public
requirements?
Again, the property being annexed has already been approved as a
platted subdivision. Pursuant to subdivision review, the
provision of public services and general impacts to the public
sector were considered. The development of the townhouses
required extension of water and sewer mains and the provision of
internal private roads. In addition, common area and other open
space was required pursuant to the cluster development
regulations of the county zoning regulations. As such, the
application of a city zoning district on the property will have
no direct bearing on the provision and/or adequacy of these
services.
9. Does the ro osed zone ive consideration to the articular
suitabilit of the property for particular uses?
The property subject to the proposed zoning and annexation has
already been built and/or approved type fortownhouse
development.
The property is suitable for this P given
the
adequacy of public infrastructure to the property. The proposed
zoning reflects the cluster provisions of both city and county
zoning regulations.
10. Does the proposed zone give reasonable consideration to the
character of the district?
The subject property was developed under the cluster provisions
of the Flathead County Comprehensive Zoning Regulations. The
Kalispell Zoning ordinance offers similar regulations to allow
development of townhouses in a single family zoning district.
There is essentially no difference between the residential R-4
district that now applies to the property in the county and the
proposed R-3 residential district that would apply upon
annexation.
11. Will the proposed zone conserve the value of buildings?
Again, the subject property will be enjoying the same zoning
classification as currently applicable in the county.
12. Will the proposed zone encourage the most appropriate use
of the land throughout the municipality?
The proposed zoning is simply a reflection of the existing
development on the property. This type of development and the
3
177
associated zoning is appropriate. to this area where adequate
services are available for residential development.
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
City services for approximately five
anticipates development of
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.
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services and maintenance of existing
services within the area of Fairway Boulevard, 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 municipal services and maintenance of existing
services by utilizing funds allocated and expended pursuant to
the annual City budget without incurring additional bonded
indebtedness, and
WHEREAS, by the terms of a certain DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS, FAIRWAY BOULEVARD TOWNHOUSES, dated
the 21st day of February 1980; Book 688, Page 532, Records of
Flathead County, Montana:
c) By Public Authority. No owner shall protest
annexation of the properties, or any position thereof,
by any public body, including but not limited to
municipalities and service district.
WHEREAS, by the terms of a certain Agreement dated the
day of , 1982, the North Village Sewer
District, a Rural Improvement District, (Village County Sewer
District) did:
and,
"waive the right to protest annexation to the City of
Kalispell, on all or any part of the District,
provided,however, that the City shall not initiate
annexation procedures under Section 7-2-4312 until
development with the portion to be annexed reaches 80%
of the approved plan development of the area to be
annexed."
4
E
178
WHEREAS, the portion of Fairway Boulevard Townhouses herein
annexed has been developed in that Phases I, II, III, IV and V
have received Final Plat approval and all improvements are in
place, and
WHEREAS, by the terms of the DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS, FAIRWAY BOULEVARD TOWNHOUSES and
the Agreement all owners, purchasers under contract for deed, and
resident freeholders have waived their right to protest
annexation to the City
i2Y4314, MCA Should not apply,rand e, the
provisions of Section
WHEREAS, said Fairway Boulevard Townhouses, Phases I, II,
III, IV and V are included within and conform 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
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 a fthe Y il
documentsile
and
with theFlathead CountyCle k f saidand
said
Recorder.
From and after the date of filing
said
documents
tas
prehe
pared by the City
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
spell
reguations in force in the ntitled to the same privileges aof nd dshall
benefitsas
be e nare
b
other parts of the City.
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.
5
F7
179
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 15th
DAY OF Julv. _, 1991.
ATTE
Amy Jr. Robertson
Finance Director
11
6
r
1• •s D. Rauthe, Mayor
0
•
EXHIBIT A
FAIRWAY ADDITION NO. 242
FAIRWAY BOULEVARD TOWNHOUSES PHASES I, II, III, IV, V, PLATS ON
FILE AND OF RECORD, CLERK AND RECORDER'S OFFICE, FLATHEAD COUNTY,
MONTANA.
1
1
jP JLA
A-t--
18 1
r4
-T
cli
cvn)
> U)
<
0
X
0 LAJ
z
dn
cr
i �
O _j
�
V)
L"
uffoGi
o
IP4
=
�
o
Acc
W
ui
uj
olo:
C4 Z Z
po
7w
Ar
cn
A
0
ol,
182
EXHIBIT "B"
F.R.D.O. June 18, 1991
FAIRWAY ADDITION NO. 242
The area being considered for annexation involves the platted lots of Fairway
Boulevard Townhouses. The general location of Fairway Boulevard Townhouses is
on the west side of Whitefish Stage Road adjacent to the City of Kalispell
golf course. The annexation also would include Fairway Boulevard, the private
road serving the townhouses. A legal description of the territory to be
annexed is set forth in Exhibit A.
A municipal service review was performed in June 1991 by the Kalispell Fire,
Police, Public Works, and Parks Departments. The results of this service
review is that each department is able to provide municipal services to the
Fairway Addition on the substantially same basis and in the same manner in
which municipal services are currently provided to the rest of the
municipality.
The Fairway 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 Fairway Addition.
EXISTING SERVICES:
Water:
The property is served by the water supply system of the Evergreen Water and
Sewer District. The water mains were sized to accommodate the entire
development.
Sewer:
Sewage collection to the property is from the North Village Sewer District.
This district has a tie-in to the City of Kalispell system which eventually
treats the sewage effluent from the property. Use of the city sewer
facilities is guided by an agreement between the City and the sewer district.
Again, the sewer mains were sized to accommodate the entire development.
Storm Drainage:
No developed storm drainage system appears to be associated with the
subdivision.
Streets:
The property is accessed by a private road, Fairway Boulevard. This road is
paved with rolled curbs to a width of 28 feet.
1
M
Garbage Collection:
183
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 area is within the jurisdiction of the Evergreen Volunteer Fire
Department.
ANTICIPATED SERVICE NEEDS:
Water:
The water needs of the territory to be annexed are provided by the Evergreen
Water and Sewer District. No additional infrastructure will be necessary.
Upon annexation, the water mains will remain the responsibility of the
Evergreen Water and Sewer District.
Sewer:
The sewer mains serving the property are adequately sized to serve the
subdivision. Upon annexation, ownership and maintenance responsibilities of
the sewer main will revert from the North Village Sewer District to the City
of Kalispell. The sewer mains within the development are less than ten years
old and are not expected to be a maintenance burden on the City.
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:
A comprehensive storm drainage system is not necessary for this area. It
appears that the present storm drainage is collected in the common area where
it percolates into the ground. No future improvements relative to storm
drainage are anticipated within the area to be annexed.
Streets:
Fairway Boulevard is a paved, private street. Upon annexation, the
homeowners' association may wish to dedicate the private road to the City of
Kalispell. A majority of the landowners must agree to that dedication. In
this event, the City will assume ownership and maintenance responsibilities of
the road. This will include snow plowing and general patching or improvements
to the roadway. The road appears to be well built and at this time does not
exhibit any particular maintenance problems.
2
M
184
Garbage Collection:
The City of Kalispell will not provide solid waste disposal service to the
annexed territory for a period of at least five (5) years, consistent with the
provision 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. Fairway 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 4:40. Response time to FVCC under
similar conditions, for example, was 5:37. Emergency response time would be
less than the 4:40. 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 townhouses in this development are constructed
in accordance to the Uniform Building Code which should minimize threats from
fire. Fire Hydrants are located throughout the territory to be annexed. The
City of Kalispell Fire Department has available a ladder truck which will
facilitate the fire fighting capabilities in this area. Response time for
fire emergencies is expected to be less than five (5) minutes, which is less
than the six (6) to seven (7) minute response time to other parts of the city.
EXTENSION AND FINANCE STRATEGIES:
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
budget adopted each fiscal year. No City of Kalispell bond issue is planned
for the sole purpose of financing the provision of municipal services to the
newly annexed territory.
No additional police or fire personnel will to be needed with annexation of
this territory into the. city limits of Kalispell. Road.maintenance will be
accommodated via the routine maintenance responsibilities of the City of
Kalispell. Most identifiable expenses for road maintenance will probably be
associated with snow plowing.Any necessary drainage improvements will be
financed in part by the residents of the entire municipality and in part by
special assessments for that purpose. No additional improvements such as
lighting, sidewalks, or drainage facilities, which would require special
assessments, are anticipated for at least five years. There will be no City
associated costs with the extension of water and sewer to the area. Book -up
3
M
fees associated with the North Village Sewer District will remain in effect to
help offset the indebtedness of the District. No added impacts to the City of
Kalispell park facilities are expected with annexation since the residents
utilize oa—site facilities and probably already utilize City recreation
resources.
1
4
185
rI