Resolution 4135 - Annexation - Kelly (Western Pines)754
RESOLUTION NO. 4135
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 LOT 5, WESTERN ACRES, FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS WESTERN PINES ADDITION NO. 254; TO ZONE
SAID PROPERTY TWO FAMILY RESIDENTIAL, R-4, TO AMEND THE CITY ZONING
14AP 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
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
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 reguested 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). 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 lots.
Is the reguested zone designed to lessen congestion in
the streets and facilitate the adequate provision of
transportation, water. sewerage, schools, parks, and
other public reguirements?
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 reguested 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 requested 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.
Will the requested zone prevent 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 re -quested zone give consideration to the
Particular suitability of the property for particular
uses?
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Adequate infrastructure is available or can be
extended/ deve loped to accommodate future development.
The property is generally level and appears to be a
logical extension of the City and the uses permitted in
the area.
Does the requested zone give reasonable consideration to
the character of the district? I
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 limitations. 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 buildings?
The proposed zoning classification will allow development
densities similar to development densities permitted on
adjacent lots. This compatibility encourages neighborhood
stability.
Will the reauested zone encourage the most appropriate
use of the land throughout the municipalit ?
The requested R-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 7-2-4506, Montana
Code Annotated, an Extension of Services Plan wh ' ich 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 "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 Western Pines Addition, subject to
annexation, including water, sewer, �storm drainage, streets,
garbage collection, police protection and fire protection, 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 THEREFORE, 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:
1. 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. 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.
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.
4. A sanitary sewer main will be connected to the
City's mains.
SECTION II. 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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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 Residential, R-4.
SECTION IV. 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
Ist DAY OF NOVEMBER 1993.
Douglas q). Rauthe, mayor
ATTEST:
Z�Z�. ZeZ --
kny H."Robertson
Finance Director
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EXHIBIT "A"
KELLY ADDMON NO.
EXTENSION OF SERVICES PLAN
ADDENDUM TX) CITY RESOLLITION #3M
PREPARED BY THE FRDO
SEPTEMBER 28$ 1993
Ile subject property is widiin the Service Area Boundwy ofthe City ofKalispell asdeactibed
bytheExtension ofServicesPlan adoptcdby the C5tyofKAliqx2 onAprfl 3. 1989, (Resolution
#3MO). 11is broad4med extansion. of servkm plan, togetha with d9s "mini -plan" comprise
the Extension of Savk= Plan for the Kelly - Seventh Avenua Wed. wmmtion.
An 8-inch munkipal water line lies in Seventh Avenue West It should have the
capacity to semce a project on this property
A Forced Mam sanitary sewer exists m Scvtnth Avenue We3L This, Forced Main is a
stwer lint that would not bo able to be tapped into by a Wavity food system. Any
sewage would needto be piped to themain, orlift stalion in Sunnydde Drive approximatdy 300
feet south of this proputy.
Storm DnduW No stormwatcr drainage facilities exist in this arim
Seventh Avenue West a a dedicated and improved road. Wwtern Drive is an
unimproved private road. Paving ofWestern Drivewould be required ifusedfor accou by any
futurt development. Pavement would be neccmary to comply with the City's dean air
W,
CadmS2 Q&Won Available by contract fi-cm private companz&
Ed= Tbc Flathcad County Shcrffs Departmmt-
Fire RMtection West Valley Volunteer Flirc Department.
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AN31=&UM SELYMZ NEWS
W Dcpcmding on the type of dcvclopmcnt7 water supply may be able to be extended to the
property from the 8-inch water line in Seventh Avenue West If not, a water main must be
extended to connect with amain ofsuffident capadty to thisproperty. Capacityandany
extensions would be evaluated at the review sbV of any development permit
Sever would be collected in a cOnventiOnsl gmv'ty now system which would flow Into
the Uft station located on Sunnyside Drive. This Uft station is connected vvith the Cityps sewer
mains. 1US disposal system would be evaluated during the review phase ofany development
gjg= adma No stom drain exists DOU the site- On-gite retention and disposal of storm
water will be evaluated during the reviow phase of any proposed development
SDVOS Aems to the site, is fivm the north via Stvcnth Avcnuc WesL IMestern Drivo is und
for aomss bY faturc development it win be necessary to extend Paving on this Amd to misting
improvernents. In ad&tjon, stred tme planting will be necessary.
JU City of Kdispell wM not provide solid waste dispoW WrVict to the
Ckbafte Caftfim
umexed tenitory for a period of at least 5 year% conantent with tht provoon of 7-2-4736,
M.C.A. ilia City does have the capacity and equipment to handle the needs of this site at the
time it becomes eligible for municipal MMce-
pgji.�F, City of Kalispell Police Dqwtmcnt and Fur- Dqxwtment willbr- avalable to saw
the Usa upon annexation. They will be able to Provide wwrv=m to this proparty on the
substantia* same basis and in the same manner in which this serv'Ke is currently provided to
the rag of flit municiPaRtY-
LM P,
ne cost of extending such public services as polict and fire PrOledlon am exPecWd to be
negligible until such time as the property isACVd0PC& TU09PDwA3OurccOfmOncytOe'xtend
thcw type of semcm is from the gpncral tax revenues rcccivcd &OIR this PrOP"V and other
prop"es inside the, City fi=tL Individual I VemOts to the, PrOPCrM Including ft Pamng
of Western Drive, the improvement to the streets abutting the site, the extension of the water
and sewer linc; and stormwater management imProvtMents Will be the rcsPOUffi-b"'ty of the
hmdowner. Any am -wide improvements rcMve to a comprahensivostorm. drainage system
will be financed in part by the residents of the entire munieipality and in part by spxial
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12EMELDRMOTREMEMEM
1. At tbo time any future developmcnt propom to usc Wcab= Drive, the undmioped
portion of WaWn Drive shall be developed to (2ty of Kafispell aandar& out to
existing MpmvanmtL
2. Wostem Drive and Samth AvonuoWcat abuning this development will bewwtmetod
with curb, gutter, and sklawalits and a boulevard shall be pmvided for street tree
planting per City policy
If the exIsting 9-inch water main in Seventh Avenue Wea does not have the capacity to
service, the project a now main shall be consbucte&
4. A sanitary sewer main -will be connected to the City's main
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