Resolution 4174 - Annexation - Grandview1 • M
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 re uested 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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Does the requested 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 the requested 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 re ue ted zone Provide for ade uate 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 land?
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
geople?
Concentration of people relates to the land 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 ade uate Provision
of trans ortation water, sewer, schools arks and other
public requirements?
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 ■
_F 4-i,o fnr narticular
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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 requested 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 requested 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 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,
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 1V. 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:
Amy H. Robertson
Finance Director
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EXHIBIT "A"
That portion of Govc=rwm Lots 3, 4, 5, 6. S.. and 13 in Section 6. Township 28 Nortk Range 21 West, and
GovcnuneM Lot 1 and the SOW -cast Quarta of the Northcast Qua= of Section 1, Township 28 Nadt
Range 22 was, descartbed as follows:
at a irtd which bears Natty 45043'13" F� 3339 feet from dne sou&mst oorrrer of Go"'Mot Lot 5 of
� , Township 28 North, Range 21 west. said point being on the easterly right-0f-way lire of U.S. Highway 93;
°n 6' orlon Salo ri 4 way litre North I P48' 15" Wert 68.36 fed to the beginning of a 2754.79 foot
t1eu no ve tor" y $ hr ing a radial bearing of North W1633' Fair; dice cot 6mag along said
taws art �Ve line and "M =-it through a caermral angle of 00°12'41' an arc length of 10_8 10 the
�y right-of-way
fly line of thaot parcel desrnbod in Book 367 Page 181, records of Flathead County, Mona; thence akmg to
easterly 1'utie of said tram and leaving said easterly rightof-way Jim of Highway 93, North OI*W59" Easrt 198.7E fees
to the rnordwast comer of said parcel; thence along the north Pure of said portal, North 88°3O'36" West 52.3$ feet to the
e cexly rigirot-of--way lie of U.S. Nrahway 93; said point being on a 2784.79 foot radius curve oarcave northeasterly,
having a radial bearing of North 7e4T 12" Fate dx= along said easterly righter way line and along said curve
through a central angle of 11°''2F44" an arc length of 555.48 feet; dense oonfinuing along said easterly rightor.v4y
line, North 00°02.31" Fast 613.01 fba to de ryorthw st corner of that parccel de='bW in Book 700 Page 113, rewrtis Montana; they= two ceases along to fly line of said parcel, North W39'03" East 116.54
of Flathead County, i�� the line of said
feet and North 59° 19'S4" East 24.09 feet to the rsorduaswly comer of said to pLaL ofwhich is on record with ttie
�, Scud~ 01°01'00" West 11339 fed w the south Tune of Paris Vii:w Terrace, the plat
Flathead Canty and Recorder, dents along the south line of said Park view Terrao, North 89°34'38' East
1059 21 feet to the westerly line of dw parcel de=bed in Hook 630 Page 799, recOak of Flathead Caatty, MMUM
thane along the v4sterly line of said parcel, Nadu 00'12'-72" West 153..54 led to a point on the soutimly neClerk and��.
of LAX
60 of Park View Terrace Addition No. i, the play Of which is an record with the Fladxad Counnty
said point being on a 167.60 foot radius curve concave northmemly having a radial bearing of North W564V West
thence along said came dewo a central angle of 10°09'42" an arc length of 29.72 fors; thence aloe$ the easterly Wre
of said Lot 60, North 03WSSO West 31.60 fees to the nOrdnerly line of that pared described in Book 630 Page 79&
ram of Flathead Count,. Ntxam thence along the northerly lire of said par=!, North W4738' East 42b.17 feet w
the nor alY cow of said parcel, said Pours being on the westerly right-of-way fine of Grandview Drive; *Am
along dine ea5te ly Pure of said percd and along the westerly ri&-of--way line of said Grandview Drive,
South 04°4556" East 190.02 fed to dle nod'& � of first parcel described in Book 730 Page 953, reoords of
Flathead County, Montana; d== along the easterly line of said parcel and wing along the ugly ri&4'way
line of Grandview Drive, South 03°3712" Fast 241.44 feet m the northwesterly comer of w Pa �descr described 'A
Book 493 Page 86f. reco & of Flathead CMV, Monte Long the fly >
vel and
the sarthwesterly riB�-0of`' y line of said Cam► Drive, South 70°l2'32" Fast 58755 fs�et to the
continuing along a radix! baring of South 19°4G52" West; thence along said
be�guvning of a 355.00 foot radius curve to the right having
awe though a central angle of 57933'45" an arc length of 356.65 feet to the nordwast comer of Ridgeview
Subdivisior>, the plat of which is on ro=d with the Flathead County Clerk and Recorder, thence continuing along said
southwesterly ri&—of-way line, and along the easterly boundary of said R,idgeview Subdivision, South 1?14'04" East
.L_ a nrner of the Amended Subdivision of Grandview Townhouses, the plat of Which is on . .
871
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point being on the westerly right-of-way line of Grandview Drive; trice along said westerly r&-*f way line of
G- riew Drive and along the easterly line of said area descnbed in Document V16013110. mcords of Ft hcW
County, Montana. South 02°53'43" West 130.17 feet to the nordhcla oorw of that parcel described in Book SO4 Page
192. records of Flathead County, Miontam thence along the easterly lure of said parcel and continuing along the
westerly right -of way liana of Grandview Dim South 03TZ45" West 99.95 fees m the soutimast corner of said pucet
enamor along the southerly boundary of said parul and leaving the westerly rigk-of way line of Grandview Drive,
South g9' *= West 90. IS feat ranee along the easterly line of said parcel, South Or4752" Wens 49.97 feet; thence
along the south line of said Feral. South W445" West 39.18 feet to the early line of that parcel desrnbod in Book
498 pap 322, records of FW=d County, Montana: thence along the easterly boundary of said paved the following
three Comm South OVW45" West 49.68 feet, South 02°SVW West 80.17 feet, and South 02°51'16" West 34.98 feet
to the fly corner of said parcel; thence along the sot>:lherly boundary of said parcel. North 87°01"h_8" West
89.74 feet and North 87-C 10" West 12937 feu to the easterly One of that parcel destrn'bed in Book 567 Page 644,
records of Flathead County, Montana, thence along the easterly boundary of said parcel, Sash 03OW49" West
2S0.09 feel to the southwesterly comer of Lot 1, Crandview Heights Addition No. 2, die Flat of which is on record with
the Flathead County Clerk and Recorder, thence along the soudrmesterly boundary of said Lot 4 South 75033'03" Fast
57.03 fleet to the southeasterly comer of said Lot 1, said point being on the weserly right of --way lime of Glacier view
Drive and on a $1.00 foot radius cove, concave soudmoterly. having a radial bearing of South 45°0 IV Era; thence
southwesterly along said curve through a central angle of 39*SY41", an arc kq* of 55.03 feet; thence continuing along
tits westerly right-of-way line of Glacier Yew Drive. South OSW22" Fast 25.63 feet to the northerly line of
Caraundview Heights Addition No. 1. the plat of which is on record with the Flathead Cowry Clerk and Recorder, dmm
leaving said right-0f-way line and continuing along the northerly line of said Grandview Heights Addition No. 1,
Saab 89°i0'49" West 499.96 feu to the northwest comer thereof, thence along the westerly line of said Grandview
t tghts Addition No. 1, South 0300118" West 89.91 fat to the northerly right-of-way Tune of Sunnyview Larne, thence
along tM northerly right-of-way line of Surutyview Lane, South W 10'49" West 85.74 fee to the southeast corner of
Buffalo Dill Apartment & Coanunxrcial Addition No. $4. the plat of which is on record with the Flathead County Clerk
& RecOrdw, thence along the easterly line of said Addition No. 84 and leaving said r &-of-way lure of Sunrtyview
Lame, North 03"I8'50" Fast 1223.48 feet to the northeasterly corner of said Buffalo HUI Ap tvrent do Commercial
Addition No. 84; thence along the northerly line of said Buffalo Hr11 Apartment tit Commercial Addition No. 84,
south gr4850" West 364.69 fat to the nottivw corner of said Buffalo mill Apartment do Commercial Addition No.
84; thence along the west line of said Buffalo Yell Apartment do Commercial Adddw No. 84. South 02°34'38" West
M9.93 feet to the northeast easier of Heritage Place Addition, the plat of which is on record with the Flathead County
Clerk tit Rxarhier, dhahce along the north line of said HeriUV Place Additions, North 85033W West 228.44 fat to the
asterly right-of-way line of Wad ward Way, thence northeasterly along said eastern► rW-cf-wry line of Windward
Way, north 04°22'09" Fast 63.00 feet to the northerly ri&-of-way lure of said Windward Warr. thence along the
northerly right-of-way line of said Whndward Way, Noah 85°40 14" West 6031 foes to the southeasterly corner of
Heritage P1aoe. the plat of which is on record with the FWmad County Clerk and Recorder thane along the easterly
line of said Heritage Place and leaving said riglit-of-way Tune of Mli ndward Way. North 0402431" East 434.95 feet to
die no&wast canna of said Her tage Place; thence along the north line of said HwtW Place, North 85035'08" West
520.01 feet to the northwest comer of said Heritage Place; dhence along the westerly line of said Heritage place,
South 04024'34" West 371.45 feet to the northerly raghrt-Of-way line of Heritage Way, thence along said aorterhy right-
of-way line, North 6r w47" West 11.69 feet to the beginning of a 504.63 foot radius turn concave southwesterty,
having a radial bearing of South 21OW49" West; thence continuing northwesterly along said northerly right-of-way line
of said Heritage Way, along said cove, through a central angle of IrO8'01" an arc length of 159.71 feet thence
continuing along said northerly right-of-way line of said Heritage Way, North SMT44" West 143.08 feet to the point
„f s,eoinning. containing 88.876 acres of land. All as shown on the attached Certifkze of Survey which is herewith
872
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 °the
wi h Park
approximately View Terrace 28ddsingle-family ition. The a homes
d is
primarily vacant,
(including townhouses). Within the area to be annexed there are no
existing commercial enterprises.
lan
In addition to the
city'Development of f ce Servicess Extension of and Padoped prepareby d thby
the Flathead Regional
Kalispell City Council in 1989, the City of Kalispell's Fire,
police, and Public Works Departments have independently conducted
municipal service f revieachews for of thesehreviewsview (detaaledlbelow?on eistthat
The conclusion o
each department is able to provide municipal services to the
Grandview Addition on the same basis and in the provided to tsame
erest manner the
in
which municipal services are currently
city of Kalispell. Itis servicesto important to lands te that the surrounding 1 the usub�ect
provides municipal
property.
EXIS1 Nr, 3ERVNES :
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
Drive (city), which in turn extends beyond that street's
intersection with Grandview Lane (city). Additionally, there is an
8" water main in Indian Trails Road (city) north of the proposed
annexation. All referenced water 'mains are in the city's "upper
service zone" and are pressured by the water reservoirs on Buffalo
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 1 ofithescitdy'�sswaterlsy eserved by a private
water system independent
SEWER :
Sewer mains -are i h P- -hre Hap Drivel toDthe west aacross U.S. Highway
873
Existing single-family 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: be able to tie
depending on specific needs,
New development will, stems, owners
into eit
her the sewer main in Grandview D riv s pticasyst systems,
o Northridge
Drive. In the event of failures sewer collection and treatment system.
will connect to the city the city's treatment plant has adequate
As is mentioned above, lant was built
regional needs of the greater Kalispell
capacity to serve the area. The Kalispell treatment P
and sized to address theg art.
area, of which the area to be annexed is a p
STORM DRAINAGE:
As is the case in other areas
annexed has no storm drainage
will be incorporated into the
with improvements installed as
he
are budgeted to imp
of the city, the territory to be
facilities. The newly -annexed area
city's master storm drainage plan,
financing allows. Each year, monies
or
plan.
STREETS: annexation will
x ected that the private road within
the
ll in turn maintain
It�sep
dedicated to the City of Kalispell. The y o city standards as
the stree
t and provide snow removal servi. the Ciy of Kalispell
will accepdedication
e din the areaoew
ccurs.road
built
development
REFUSE SERVICE: M.C.A., Will
lispell, per the provisions of
The City of Ka�-2-4�36,
the
not provide solid waste disposal seearsefrom the effecta eedateoof
for a period of at least five L y
the annexation.
POLICE PROTECTION:
cis Police Department, which now serves areas of the city
The Kalispell subject property, will provide police services
located north of the subj
h that
to
the area to be annexed at a andeprope 'ties rallo additional
afforded all other city residen s
personnel will be required to serve the area.
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FIRE
PROTECTION:
be Provided to the
Grandview
city
of Kalispell
fire protection will
_�:,.� nlro xal, snell Fire Department,
located 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.
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