Resolution 4086 - Annexation & Zoning - Greenbrier Subdivision546
RESOLUTION NO. 4086
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 AS TRACT 6G IN THE NE 1/4 OF THE SW 1/4 OF
SECTION 12, TOWNSHIP 28 NORTHf RANGE 22 WEST, M.P.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS GREENBRIAR ADDITION #250; TO ZONE
SAID PROPERTY TWO FAMILY RESIDENTIAL, R-4, TO AMEND THE CITY ZONING
MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Greenbriar Enterprises, owner of the property described in Exhibit
"B", attached hereto and for purposes of this Resolution made a
part hereof, requesting that the City of Kalispell annex the
territory into the City and zone said property Low Density
Residential Apartment, RA-1, and
WHEREAS, the Flathead Regional Development office has made a
report on the annexation/zoning of the territory dated December 1,
1992, 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 27.34.080, Kalispell Zoning
ordinance on December 9, 1992 and recommended that the territory be
annexed into the City of Kalispell and be zoned R-2, Single Family
Residential 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 27.34.080, Kalispell Zoning
ordinance on January 4, 1993 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, the City Council reviewed the R-2, Single Family
Residential classification and determined that classification as
recommended by the Kalispell City -County Planning Board and Zoning
Commission would not be in conformance with the Comprehensive Plan,
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 requested 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:
Does the reauested zone comply with the Master Plan?
The property is designated by the Kalispell City -County
r- 7
547
Master Plan as "High Density Residential". The requested
RA-1 zoning classification is in substantial conformance
with that designation.
Is the reauested zone designed to lessen congestion in
the streets?
A change from an R-1, single family zoning district in
the county, to an RA-1 Low Density Residential Apartment
classification in the city is likely to increase traffic
congestion, rather than lessen congestion. Traffic
typically generated by the types of uses permitted in the
requested zone far exceeds that generated by large lot,
single-family uses. Development of the subject property,
with access to and from an inadequate minor arterial (Two
Mile Drive), will certainly have an adverse impact on the
local street system.
Will the -requested zone secure safety from fire, nanic,
and other dangers?
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 all municipal services
including police and fire protection. Water and sewer
service is available to the area.
Will the requested 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 with the adjoining
properties. Other city codes that are intended to serve
the "general welfare" would also be applicable to any
development on the property.
Will the- requested zone Rrovide-for adequate light and
air?
The property development standards of the RA-1 zoning
classification establish setback, height, and coverage
standards for new development. These standards are
sufficient to ensure adequate light and air consistent
with the character of the surrounding area.
Will the requested zone prevent the overcrowding of land?
The R-4 zone which is being proposed contains property
development standards which dictate such things as
minimum lot size, permitted lot coverage, and yard
F
r__1
548
setbacks. Such standards ensure property density of
development.
Will the reQuested zone facilitate the adequate provision
of transportation* water, sewerage, schools, parks, and
other public requirements?
The zone change will likely increase demands for all of
these services. The addition of as many as 54 new single
family dwellings will directly and substantially affect
public transportation facilities due to the estimated 540
additional trips on Two Mile Drive which the subdivision
will generate. Further, based on the County -wide average
of 0.4 school -age children per household, it can be
expected that the subdivision will generate an additional
22 students. The applicant is proposing a dedication of
parkland to the city --a much needed commodity in this
part of Kalispell. The attached extension of services
plan further speaks to public requirements.
Does the reguested zone give consideration to the
particular suitability of the property for particular
uses?
The requested zone permits single family and duplex
dwellings, churches, day care facilities and parks. The
subject property is ideal for the type and scale of
residential development which the applicant is proposing.
The single family development, with average lot sizes in
excess of 10,000 square feet, will be compatible with
surrounding uses.
Does the requested zone give reasonable consideration to
the character of the district?
The proposed zoning, as stated above, allows residential
uses which will be compatible with existing development
in the immediate vicinity. The master plan anticipates
residential development of the property in a manner
consistent with that which is proposed. The character of
the district would not be adversely af f ected by the
annexation and zoning assignment.
Will the proposed zone conserve the value of buildings?
The site is currently vacant; building values are not an
issue. Adjoining properties should not be adversely
affected by the development.
Will the requested zone encourage the most aRPrORriate
use of the land throughout the municipality?
3
M
549_ -.
The requested RA-1 zoning classification will promote
land uses consistent with the anticipation of the Master
Plan and with the surrounding uses.
WHEREAS, on the 3rd day of April, 1989 the City Council of the
City of Kalispell adopted, pursuant to Section 7-2-4506, Montana
Code Annotated# an Extension of Services Plan which anticipates
development of City services for al3proximately five years in the
future, and
WHEREAS, the City has caused to be developed a "mini -extension
of services plan", attached he ' reto as Exhibit "A" 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 Greenbriar Addition, 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, Greenbriar Addition 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: I
SECTION I. That all of the real property described in
Exhibit "B" shall be annexed to the City of Kalispell and
the boundaries of the City are altered to so provide.
SECTION 11. Upon the effective date of this Resolution,
the City Clerk of Council'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 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 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.
4
550
SECTION III. The territory annexed by this Resolution
shall be zoned as Two Family Residential, R-4, and the
City of Kalispell zoning map shall be altered to so
provide.
SECTION I . This Resolution shall be effective thirty
(30) days from and after its final passage by the City
Council and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 4TH DAY OF JANUARY, 1993.
ATTEST:
Amy H/ Robertson
Finance Director
I
WAVI-1-1
No lai-D. Rauthe, Mayor
5
551
P
yIIAM no appUcant Intends to pro" water to the silt In one of two ways. no first optiolm
is to extend an alsting watcr Una located wed of the site in Two Mile Ekiva to the subjod
property. no swond option would be to do Into an existing mmk located soudmLst of the site;
tb,c properV owm woWd hava to obtain ammcute across adjacont pmprrda to offma d&
connwdo,L Itwill be dw responsibMty of the developec to bar aft coo usod&W vkh
conn,ection to the utft mprdk= of how tho connecdon Is me&
Sam= Then Is an tAiting manholo located cut of the subjod pro"t -WMoXkU* 6W
fea Watofdo kursecdon. ofTwo Me Drive and Hawthom Avenu&. IU appBeant hmads
to caLtelld a sewer he from this manhole to sem the subject A swer Aft shalon Is
8L,4opjLW04on-jItv,=a thonorthwtst comer ofthopropwty. Mwdevelopor willMmviin be
-bio f
rcVO,w, or catosion " &a proposed Hft station. and connaAon dwoes to &a wwor
ROS& T�e subject Svpaty is =rently am='bk fivm Two Mile DrIv&
1q,M ad&tionsl Improvonents to this County road am anficipatA IU road wMk tba
subdividon win to pavW to a 32-foot wkIth and indude carbs and gutter. A skkTaA Is
pt&nncd for ow sido of tho street IU shvet, kKatod within a Woot right-of-way. vM bo
&&wated to the City of Kalispell.
SgUMDMWW Thm is, no pubUc storm drainap hnpovmmt in the vkinItrq on -sift
retcation of storm water wM be requircd. Upon rccelpt of a spcc& development plan fcc the
proporq, storm dWmW — - wM bc ddemined by the dty.
Dg=C5W,q=A= Polka and fin protection, as woU as rd6w coflection, mrAces. will be
ava&blo to the am upon annexadon to the city.
CMgOMgMj&UdjWL Ile extension ofpubric infrastructure wh a water and sewer da
be dedgaed and constructed by thio property owner. Access Empovernents am also, the
revonswity ofthe owner. CDnstruc:fionsWbeInsk rd with A MyofKalispall standards,
SpcaC43fiIOIM6 and requimentL
i -P to " & 9VE's 0 11 � 4 .
ON
552
EXHIBIT "B"
A tract of land situate, lying and being in the Northeast Quarter
of the Southwest Quarter (NEl/4SW1/4) of Section 12, Township 28
North, Range 22 West, M.P.M., Flathead County, Montana, described
as follows:
Beginning at the Southeast corner of the Northeast Quarter of
the Southwest Quarter (NEl/4SW1/4) of said Section 12; thence
South 89*54'39" West and along the South boundary of said
NE1/4SWl/4, a distance of 660.02 feet to a point; thence
North 00*42'42" East and parallel with the East boundary of
said NEI/4SW1/4 a distance of 1321.83 feet to a point on the South
R/W of Two Mile Drive, which point is on the North boundary of said
NE1/4SWl/4 and 660.00 feet distant from the Northeast corner
thereof; thence
South 89*58'30" East and along said South R/W, and along said
North boundary a distance of 287.47 feet, more or less to a point
on the Northeasterly bank of Spring Creek; thence along said
Northeasterly bank the following thirteen courses:
South 14010'29" West a distance of 111.64 feet to a point;
thence
South 29*36'32" East a distance of 59.01 f eet to a point;
thence
North 73*41'26" East a distance of 23.37 f eet to a point;
thence
South 28*52'08" East a distance of 53.94 feet to a point;
thence
South 81'11'24" East a distance of 31.25 f eet to a point;
thence
North 89*41'27" East a distance of 21.25 f eet to a point;
thence
North 64*16'32" East a distance of 42.64 f eet to a point;
thence
South 64*02'56" East a distance of 18.41 feet to a point;
thence
North 84*31'01" East a distance of 47.43 feet to a point;
thence
South 58*18'17" East a distance of 14.11 f eet to a point;
thence
South 85025136" East a distance of 58.67 feet to a point;
thence
South 55'45'38" East a distance of 24.23 f eet to a point;
thence
South 82'22'17" East a distance of 75-27 feet to a point on
the East boundary of said NE1/4SW1/4; thence
South 00*42'42" West and along said East boundary a distance
of 1095.03 feet to the point of beginning.
Ift-