Resolution 4174 - Annexation - Grandview109TOM
RESOLUTION NO. 4174
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
WHOLLY SURROUNDED PROPERTY DESCRIBED IN EXHIBIT A", TO BE KNOWN AS
GRANDVIEW ADDITION NO. 256; TO ZONE SAID PROPERTY LOW DENSITY
RESIDENTIAL APARTMENT, RA-1; TO AMEND THE CITY ZONING MAP
ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, certain real property as is more particularly
described in Exhibit "A", attached hereto and for purposes of this
Resolution made a part hereof, is contiguous and wholly surrounded
by the corporate limits of the City of Kalispell, and
WHEREAS, in the judgement of the City Council of the City of
Kalispell, Montana, it is in the best interest of the City Of
Kalispell and the inhabitants of said contiguous and wholly
surrounded tracts that the same be annexed to the City of
Kalispell, so that the boundaries of the City of Kalispell should
be extended so as to include the same within the corporate limits
of the City, and
WHEREAS, the Flathead Regional Development office has made a
report on Grandview Addition No. 256, City Zone Request, KA-94-03,
dated June 29, 1994, 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 Low Density Residential Apartment, RA-1,
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 reauested zone comply with the Master Plan?
The subject property is within the jurisdiction of the
Kalispell City -County Master Plan. According to the map
of the Master Plan, the property is currently designated
"High Density Residential", with a maximum density of 40
dwelling units per acre, with some "Medical" to the
southwest, and "Urban Residential" near the highway. The
existing RA-1 was considered in compliance with the
Master Plan and the proposed RA-1 is in compliance with
the Master Plan.
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IDoes the reguested zone lessen congestion in the streets?,
Congestion in the street is caused by an overburden on
the street of traffic. The zone in this case would not
cause undue congestion because traffic generation is a
function of the number of dwelling units and uses that
are allowed within a given area. The City RA-1 is
essentially the same as that of the County, so no greater
impact is expected under the City than the County.
Will therequested zone secure safety from fire, panic,
and other dangers?
Development within this zone is subject to development
standards including: lot coverage, maximum building
height; and the provision of off-street parking.
Further, any development of the property is subject to
review by the City's Site Plan Review Committee, and
requires the issuance of building, plumbing, mechanical
and electrical permits. These requirements and review
processes help ensure that development of the property
subsequent to the zone change is done in a safe manner.
No significant negative impact is expected.
Will the requested zone change promote the health and
general welfare?
The general purpose of the City's zoning ordinance is to
promote the general health and welfare and does so by
implementing the City -County Master Plan. The Master
Plan would support the requested zone change.
Designation of this area as RA-1 would serve the Flathead
region with additional residential development. Any
traffic generation that the proposed change allows was
mitigated at the time of development. In addition, this
area has direct access to an existing major. arterial.
Any impact to stormwater runoff, sewers, and water have
been addressed at the time of subdivision proposals.
The zoning ordinance provides a mechanism for public
input and review for all zone change requests. This
process offers an opportunity to ensure that any changes
to the Official Zoning Map are done in the general public
interest. Additionally, other review mechanisms are in
place to ensure that development is in compliance with
all applicable safety codes. No significant negative
impact is expected.
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Will the reguested zone Provide for adeguate light and
air?
The development standards of the zoning ordinance and
subdivision regulations (i.e: parking, landscaping, clear
vision setback, roadway improvements) would ensure that
light and air are adequately provided. No significant
negative impacts is expected.
will the requested zone change Prevent the Overcrowdin
of _1and?
overcrowding of land occurs when development out -paces or
exceeds the environmental or service limitations of the
property. The Subdivision and Zoning Regulations control
the intensity requirements that a property can be
developed with. Adequate infrastructure is in place or
can be provided at the time of development to accommodate
the land uses allowed In the requested zone. No
significant negative impact is expected.
will the requested zone avoid undue concentration of
eople?
Concentration of people relates to the la nd use permitted
by a particular zone. The proposed zone change would not
increase residential density in the area. Infrastructure
the
exists or can be provided which supports proposed
change. The zoning ordinance covers the intensity of use
that would be permitted in this Zone. An undue
concentration of people would result if the property is
developed at a level which exceeds the environmental or
service carrying capacity of the land which would not
happen. The proposed zoning will insure that the site is
properly developed. No significant negative impact is
expected.
will the recluested zone facilitate the adeQuate Provision
of transDortation, water, sewer, schools, parks and other
public reguirements?
Additional demands would be evaluated pursuant to
individual development proposals. Because both zones are
essentially the same, no significant negative impact is
expected.
Does the requested zone give consideration to the
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adequate access to facilities for the type of uses
permitted in the proposed zone. No significant negative
impact is expected.
Does the reguested zoning give reasonable consideration
to the character of this district?
The properties in question are well suited for the type
development anticipated under the requested zone because
of the topography, access, regional location, and size of
the proposal. The County zone is essentially the same as
the City zone; therefore, no significant impact is
expected.
Would the Proposed zoning conserve the value of the
buildings?
The subject request would not significantly impact
buildings. If legally constructed buildings exist that
don't meet the requirements of the new zone those
buildings would be considered non -conforming. This non-
conforming status would permit those buildings to
continue as before. There are no known uses that would
be affected by this zone. A change to the RA-1 zone will
not significantly impact, erode or devalue the
neighborhood beyond the type of uses that are currently
allowed. No significant impact is expected.
Will the reauested zone change encourage the most
appropriate use of the land throughout the jurisdiction?
The requested zoning classification would be consistent
with the Kalispell City -County Master Plan. The Plan and
the existing permitted uses under the zoning ordinance
generally identifies this area for residential. The
change would encourage the most appropriate use of the
land. No significant impact is expected.
WHEREAS, on the 3rd day of April, 1989 the City Council of the
City of Kalispell adopted, pursuant to Section 7-2-4610, 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
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annexation, including waterf 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,
incurring additional
pursuant to the annual City budget without
bonded indebtedness, and
WHEREAS, Grandview Addition No.
256 is included within and
conforms to the Kalispell city -County
Master Plan, and
WHEREAS, the City of Kalispell desires to annex said property
in accordance with Tile 7, Chapter
2, Part 46, Montana Code
Annotated.
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 in Exhibit "A", attached hereto
and thereby made a part hereof, shall be annexed to the
city of Kalispell and the boundary of the City is altered
to so provide.
SECTION II. Upon the effective date of this Resolution,
the city Clerk of Council 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 or will 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 the same privileges and� benefits as are other parts of
the City.
SECTION III. The territory annexed by this Resolution
shall be zoned Low Density Residential Apartment, RA-1.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS 6th DAY OF - September , 1994.
ATTEST:
Zd�g/gobertson
Finance Director
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EXHIBIT "At'
Ttw portion of Govc=rwm W9 3, 4. 5, 6. L and 13 in Secdon 6. TownshiP 29 NDrtk Range 21 WM and
G,OvcnuneM Lot I and the SOW-cag Quarta of ax Northag Qua= of Section 1, TownSHP 28 Nad�
Range 22 Wcst� dc=l)ed as follOWS:
Be$,M,ng a, a poiM which bears Nat 45043*13- FAst 3339 fed fi-orn dke Mu&mst Omw Of Go"'Mot Lot 5 Of
-Of-w&Y'lift Of U S. M#wq 93;
Se,;d,on
�, TownsNp 2S North, pange 21 wesL saW porks being on the easterly right
*4= notthwesterly "g Wd riO4,way line North I P48! IS" West 68.36 fed to dw beoming of a 2754-79 W
ra&us c"ve cor"w northm4erly, hring a raidial bearing of North W1633* Fair, dx= ow6mag along said
easterly rioof-way line and &long "M =-it through a cergral angle of 00PIT41' an arc length Of 10-n AN% 10 dw
eastexjy line of dua parcel &scribed in Book 367 Page 181, records of Flithead Canty, Njonam thence akmg ta
easterly ric or said tram and leaving said easterly ji&-of-way Jim of Hghway 93, North OI*W5V Eas 19L78 feet
tD the nordwast comer of said parcel; *tence along the north line of Wd pml, North WWW West 52.3$ fect to the
( line of U.S. gahway 93; Wd point being on a 2784.79 foot radius =ve coricave northeasterly,
eazgxiy riO-Of-ww- nght-of-way I= arid along said ourvi
having, a radW bearing of North 7e4TI2* Ewc dx= along said easterly
through a cent -A angle Of 1102F44* an arc length of 555.48 feer, dm= omfinuing gong said easterty rightor.v4y
61-.01 fba to ft radwest comer of that paricel de='bW in Book 700 Page 113, rwor&
lb,w, North 00PDX31" East j
of FLathead County, Nbnauja, the= two cmscs along the rortherly line of said pacel. North W3VO3" East 116.54
19,54. East 20.09 fea to the =t%astaiy comer of said parcel; thence along the ea%edy line of MW
fee and Nor6 59* the pLaL of which is on record with te
parveL SOVA 01*0110o Wes 113-39 fee to the south line of Park View Twace, r
FJa&eqd County Clierk and Rwordcr
*,enw along the south Iine of said Park Vww Terraoe� North 89*10 EM
f
1059-21 cet to the westerly line of dw parcel de=lxd in Book 630 Par 799, recOak Of FWdmad CMItY, MMUM
ta:nce Wong the v4sterly line of said parcel, North 00'12'-72" West 153.54 lbd to a point on die soutimly fine of LAX
60 of Park View Tarace Addition 1�10- I - the PI-M Of which is an record with the Ftmdxad Cw* Clerk and Roxcdcr.
said point ben on a 167.60 foot Mdius curve conme northmemly having a radial bearing of North W564V West
thence dong said curve tewo a MO-g WqOe of 1OW4r an am length of 29.72 feet; Omm ak% the MMIY.line
of said Lot 60, North 03WSSO Wes 31.60 fea to the n0rdmiY line Of tO Pawl described 'n Book 630 PaP 79&
re=ds of FWdxad County. Ntxam flm" almg *g nadmiy lineof said par=!, North W473r East 4xv teet w
of SW parcel, said i bein the westerly right-of-way line of Cm&kw Drim *Am
the nortfmsterly comer pMM 9 on M
akM the eagtefly line of said p=d and &long the wwm�i r&-of-way line or said Gmdv'cw D' or&
South 04;04556- East 190-02 feet W dle nmdmm&- == of do parcel described in Book 730 Page 953, reo of
Ridwed Canty, MWWK d== alorig the easterly fine of said parcel and cOnfinU4 along the westerly ri&4'v'zy
11M of CrancMew Drive, South 03*3Z 120 FASt 241-44 feet W the wrthweste* comer of dw Pwo-q described 'A
M=& of Salhead CMV, Montana; *#wm Long the nor6mstaly line or said Mvel and
Book 493 Page SK Drive, South 7(PI732" Fig 597-55 Fma to the
cont,nuing
along ft southwesu
, :riy ri&-of-way line of said ClamNiew
beginninj�vf a 355.00 foot radius curve to dw rigM having a ralial bearing of South 19*465r West; thence along said
curve drough a central angle of 57933'45" an arc lenO of 356.65 feet to the nordwast comer of RW&e%icw
Subdi,visic%N ft plat of which is on ro=d with the Rathead County Cterk aM Pxmxlc-, tk= continuing along Wd
souffiv&SWly ri&-of-way line, and along the azterly boundary or said Ridgeview Subdivision. South 1? 14'04" Eag
L- enrner of the Amended Subdivision of Chndview Towdhousm the plat of Which is on
. . - .-__ . - " _ __ _ M
871
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=on the %c;wiy right-of-way line of Grandview Nve; &n= along said wew* r&-*f-%vay line of
Drive and along the easlu* line Of said UW &=-W in Docurnent V160131 10. mcords of FWhcW
cmmty, Montana South 02"53'43" Wes 130.17 lect to the nmhcla axw of dw parcel described in Book SN Page
192. recordsof Flathead County, Montam thence along the easterly line of =W parcel and continuing along the
w*cdy rightofway lim of Gm&icw Dim South 03TZ45" West 99.95 fed io the soutimast comer or said pucet
dm= along the southeriy Wwxiary of said parc4 mid leaving the westerly rigk-of-way line of Grandview Dive,
Sou;th gM*= Wen go. IS fixt Omwoe along the eastziy line of said puc4 South Or4752" Wea 49.97 fm dierm
along the WA line of said parcet South W445" Wes 39. 18 fee to the easterly line of dud parcel &=Ixd in Book
498 pap 322, records of FW=d County, Montana: ther= along the easterly boundary or said pwod the folkrAing
tM Comm South OVW45" West 49-68 fix-L South 02*SVW Wea 80.17 fed. and South WSI'16" Wes 34.98 fact
to dw Xubeasterly comerof said pamel; thence along to SOUllierly bOurAny of said pvcd, North 87*01W West
89.74 fea and North 87-ClCr West 129-37 feet to the easterly One of tha parcel desm"bed in Book 567 Pap 644,
Mc,ords of Flathead County, Nbntana, thence along the easterly boundary of said pUM4, South 03OW49" Weg
2SO.09 fed to dw souftmsterly comer of Lot 1, Crandview Heights Addition No. 2. dw pit of which is on record with
the FIathead counq Clerk W Rwordw, thence along the soudrmesterly boundwy or said Lot 4 South 7503Ma Fast
57.03 fbet to the sou&castviy comer of said Lot 1, said point being an the weserly right-of-ww Ine of Glacier view
Dive and on a $1.00 foot radius =-Ye, Oxicave soudmoterly. having a radial bearing of South 45WIV East; thence
southwesterly along said curve &rough a central angle of 39*SY41", an arc kq* of SS.03 fect; thence conitinuing along
ft westerly ri&-of.way line of Glacier View Drive. South OSW2r East: 25.63 fixt to the northerly line of
Girandview Heights Addition No. 1. thc Plat of which is on record with the Flathead CoLinty Clerk and Recorder, dmm
leaving said right-of-way line mid continuing along the northerly line of said Grandview Heights Addition �b. 1,
South no IOF49n Wea 499.96 fo:t to the northw!st carm thereof, thence along the semly line of saicl Grandview
twtghts Addition No. 1, South 0300118" Weg 89-91 feet to the northerly right-of-way line or Sunnyview Lane; thence
*long tM nort=ly ri&-of-way line of Sururyview Lane, South W1049" Wes 85.74 fivt to the southeag corner of
Buffalo tin Aparunent & Caivrcrcial AMition Nk). $4. the plat of which is on record with the Flathead Courq Clerk
& pzcordw, thence along the easterly line of said Addition No. 84 and leaving said d&-of-way line of Swirtyview
North 03o I jr5V East 1223.48 fixt to the northeasterly comer of said Buffalo HUI Apmtnent & Commercial
Ad"on No. $4; thence along the wrtherly line of said Buffalo KII Aparmient & Commercial Addidon No. 84,
south gr4850' West 364-69 px% to the norttivw cww of said Buffalo HII Apmmit & Carnmercial Addition No.
st dwice alon the west line of said Dfialo Ffill Apartment & cmirnerciai Addidw No. s4. South, m-mr weg
M9.93 Opet to die northeast co= of 11kritage Place Addhkn the plat of Which is on record with the FUthead Cany
CWk & R=MW
, dx= along the north line of said HcriUV Place Addition, North 85033W Wost 2n.44 fixt to the
asterly ri&-of-wgy Une of Wadward Way, thence northeasterly alont, saW eagAy rW-cf-%v line of Wind%wd
Way, North 04onor East 63.00 fm to the northerly ri&-of-way lim of said VVindward Way. thence along the
northerty right-of-way tine of mid WhAward Way, NOM 85*40 1r West 6031 fixt to die southeasterly corner of
Hwitap Pjac,,- the plat of which is on record with the FWmad County Clerk &,A Recorder. &*= along the eaftrly
am of said 1kritage Place and kavirig said riglit-of-way lim of Mlindward Way. North 0402431* Eon 434.95 6xi to
dr no&wast comer of "A HerftV Place; tcnce gong the north line of said HwtW Place, North 85035W Wen
520.01 fW to the northweg comer of said P"itap Place; dience along it westerly line of said Heritage Place,
South 04024!W West 371.45 6W to the wdx* r4ft-Of-waY fim Of HaitW WaY. thenCe &IOng slid Wr&* right-
of-way line, North 6rw4r west: 11.69 feet to the beginning of a 504.63 foot radius curve concave southwegerty,
having a radial bearing of South 21OW49" West; tence continuing nortliwwerly along said noWwrty right-of-way line
of said Heritage way, along said curve, duwgh a centr-al angle of I rO8!01' an = length of 159.71 feet Omm
continuin along said northerly risht-of-way line of said Heritage Way, Narth SMT44" Wcst 143-08 feet to the point
%f heoinning- containing 88.876 a= of W4 All as shown on the etached Certifkze of Survey which is herewith
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EXHIBIT "B"
EXTENSION OF SERVICES
GRANDVIEW ADDITION #256
The Grandview Addition is an annexation of approximately 89 acres
of land generally located east of Highway 93 and west of Grandview
Drive, south of the Park View Terrace Addition. The land is
primarily vacant, with approximately 28 single-family homes
(including townhouses). Within the area to be annexed there are no
existing commercial enterprises.
in addition to the city's Extension of Services Plan prepared by
the Flathead Regional Development office and adopted by the
.Kalispell City Council in 1989, the City of Kalispell's Firee
policet and Public Works Departments have independently conducted
municipal service reviews for the Grandview Addition annexation.
The conclusion of each of these reviews (detailed below) is that
each department is able to provide municipal services to the
Grandview Addition on the same basis and in the same manner in
which municipal services are currently provided to the rest of the
city of Kalispell. it is important to note that the city currently
provides municipal services to lands surrounding the subject
property.
EX I S11Na_3ZBYNZ5-L
WATER:
currently there is a 12" water main in Windward Way and Heritage
way, both of which are city streets. There is also a 12" main in
Sunnyview Lane (city) which connects to a 6" main in Grandview
(city), which in turn extends beyond that street's
Drive ith Grandview Lane (city) . Additionally, there is an
intersection w in indian Trails Road (city) north of the proposed
B11 water main nced water 'mains are in the city's "upper
annexation. All refere ervoirs on Buffalo
service zone" and are pressured by the water res
Hill. Developers of land within the area will be required to design
and install looped water systems. Based on densities and land uses
allowed by the proposed RA-1 zoning, the city's water system and
supply is adequate to serve the area.
Ridgeview, a 15-lot residential subdivision, is served by a private
water system independent of the city's water system.
SEWER:
Sewer mains are in place in Grandview Drive adjacent to the subject
wyny-t-hri Hap Drive, to the west across U.S. Highway
873
Existing single-lamily development within the area utilizes
individual septic tanks and drainfields. The townhouse development
on Columbia Lane (private)is hooked to city sewer and water
systems. There are no central or community sewer systems in place
at this time.
STORM DRAINAGE:
At this time there are no public storm water drainage facilities
within the territory to be annexed. All storm drainage is retained
on site through percolation.
-STREETS:
The only developed roadway within the area to be annexed is
Ridgeview Drive, a private street. In addition to Highway 93, the
following city streets abut the area: Heritage Way, Windward Way,
Sunnyview Lane, and Grandview Drive. All city streets are plowed in
the winter, as is Highway 93.
REFUSE SERVICE:
Contract haulers provide refuse collection and disposal service to
the area.
POLICE PROTECTION:
The Grandview Addition is currently within the jurisdiction of the
Flathead County Sheriff's Department. The City of Kalispell Police
Department supplements this protection, as patrols to surrounding
city properties are currently done.
FIRE PROTECTION:
The area to be annexed is within the jurisdiction of the Evergreen
Rural Fire District.
ANTICIPATED SERVICE NEEDS:
WATER:
The existing public water supply services of the City of Kalispell
are adequate to serve the needs of those properties to be annexed.
Upon development of unimproved properties, developers will be
required- to construct looped water systems in accord with city
standards.
SEWER: on specific needs be able to tie
New development will, depending ive or t�at in Northridge
into either the sewer main in Grandview Dr c systems, owners
ent of failures to existing septi r
Drive. In the ev collection and t eatment system.
will connect to the city's sewer treatment plant has adequate
As is mentioned above, the city's as built
capacity to serve the area. Th.e Kalispell treatment plant w
and sized to address the regional needs of the greater Kalispell
area, of which the area to be annexed is a part.
STORM DRAINAGE,
As is the case in other areas
annexed has no storm drainage
will be incorporated into the
with improvements installed as
are budgeted to implement the
the territory to be
of the city, xed area
facilities. The newly-anne
cityls master storm drainage plan,
monies
financing allows . Each year,
plan.
STREETS: annexation will be
It is expected that the private road within the
ity of Kalispell. The City will in turn maintain
dedicated to the C ity of Kalispell
J provide snow removal services. The C
the street an� roads built to city standards as
will accept dedication of new
development within the area occurs.
REFUSF, SERVICE' 1-2-4736, M.C.A., Will
lispell, per the provisions of
The City of Ka e disposal services to the annexed territory
not provide solid wast tive date of
for a period of at least five (5) . years from the effec
the annexation.
POLICE PROTECTION: Department, which now serves areas of the citY
The Kalispell police subject propertYi will provide police services
located north of the e with that
area to be annexed at a level commensurat
to the *dents, and properties. No additional
afforded all other city resi
personnel will be required to serve the area.
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FIRE
PROTECTION:
be prov ided to the
Grandview
rit v
of Kalispell
fire protection will
nl'k= VAlisne 11 Fire Departmentf
located at
--A +-hrpp
875
The department enjoys a fire insurance rating of "5", with all
areas of the city equipped with fire hydrants. The department is
fully equipped with adequate and up-to-date fire fighting
apparatus.
Fire protection is currently provided to areas within the city
limits as far as 2.9 miles from the station, with response times of
6 to 8 minutes. Commercial areas located approximately 2.5 miles to
the north and west can be reached in 5 to 7 minutes.
The proposed area of annexation is physically closer to the city
fire station than some areas currently served by the department.
Response times for firefighters and equipment to this
area,therefore, will be equal to or better than those to the
extreme north end of -Kalispell.
In addition to providing fire fighting service, the city will also
be providing fire inspection and prevention services to the
territory to be annexed. Inclusion of this area in the city's
jurisdiction will also facilitate coordinated building permit plan
review between the city's fire and building departments. This
coordination will insure that new construction in the area meets
all applicable fire codes.
No new personnel will be needed to provide fire department services
to the area.
M