Resolution 4221 - Annexation - Fairway Blvd Phases VI, VII and VIII1103
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RESOLUTION NO- --12-21
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
ELL By INCLUDING THEREIN, AS AN ANNEXATION' FAIRWAY
CITY OF KALISP OUSES PHASES VI AMD VII AND ALL COMMON AREAS AND
13OULEVARD TOWNH OF FAIRWAY BOULEVARD, To BE KNOWN AS FAIRWAY
ROADWAYS IN ALL To ZONE SAID PROPERTY URBAN SINGLE
BOULEVARD ADDITION NO. 267; INGLY
FA14ILY RESIDENTIAL, R-3, To AMEND THE CITY ZONING MAP ACCORD
AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has requested annexation of
as Fairwiiy Boulevard Townhouses Phases VI and VII
property known Ld I -'We! E
--A xii c-ommon Areas and Roadw rs it- all Fairwa -!aa evar
the City OX Nd.LiLspel and , nevelopment office has made a
WHEREAS, the Flathead negi---
report on Fairway Boulevard Addition No. 267, City Zone Request,
#KA-95_71 dated May 31, 1995, 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 Urban Single Family Residential, R-3, and
WHEREAS, based upon the report of the Flathead Regional
Development office and the recommendation of the Kalispell City -
and Zoning Commission, the City Council Of
County Planning Board ed zoning
the City Of Kalispell finds that the recommend
classification for the territory is appropriated based upon the
following criterion;
:-d Zone COMPly with the master Plan?
Does the Request(,
rty is within the jurisdiction of the
The subject prope
Kalispell CitY-COunty Master Plan. According to the map
of the master plan, the property is currently designated
as "High Density Residential". R-3 is considered in
general compliance with the Master Plan. The maximum
density Of the R-3 zone is less than anticipated by the
"High Density" classification.
s the Regaested
one Les the streets?
Congestion in the streets is caused by an overburden of
traf f ic on the street system. The zone in this case
would not cause undue congestion because traffic
generation is a function of the number of dwelling units
that are allowed within a given area. The property has
been subdivided and partially developed in a manner that
is equivalent to the existing County R-4 zone with a
Conditional Use Permit to allow clustering. it should be
noted that Whitefish Stage Road is due to be upgraded.
There is no schedule for this upgrade and funding has not
been accomplished. It would, however, be expected to
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occur within the next 3-10 years. This upgrade would
probably require the road right-of-way to be increased
from 60 feet to 80 feet. Development on this property
would not be significantly impacted by the increased
right-of-way width of this road.
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. Any
additional future development of the property is subject
to review by the City, and requires the issuance of
building, plumbing, and mechanical permits. These
requirements and review processes help ensure that
development of the property subsequent to the zone change
is done In a safe manner. In addition, a Conditional Use
Permit was granted by the County and is acceptable to the
City. This Conditional Use Permit and the subdivision
approval specifically approved townhouse lots for this
project. No change to those approvals is expected. No
significant negative impact is expected.
Will the Reguested Chanae 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 City -
County Master Plan would support the requested zone
change. Designation of this area as R-3 would have
little or no impact. Any traffic generation that the
proposed change allows was mitigated at the time of
Conditional Use Permit approval and subdivision approval.
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.
Will the Requested Zone Provide for Adequate Light and
Air?
The development standards of the zoning ordinance and
subdivision regulations (i.e.: Conditional Use Permit,
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parking, landscaping, clear vision setback, roadway
that light and air are
improvements, etc.) would ensure
adequately Provided.
Will the Regme ted Zon Change Prevent the o_ve crowdina
of Land?
overcrowding of land occurs when development out -paces or
limitations of the
exceeds the environmental or service
The Subdivision, Zoning and Building
property.
regulations control the intensity requirements that a
infrastructure
property can be developed with. Adequate
can be provided at the time of development
is in place or
the land uses allowed in the requested -
to accommodate
zone. No significant negative impact is expected.
will the Reguested Zone Avoid Undue Concentration of
P22R_le?
Concentration of people relates to the land use permitted
The change would have no
by a particular zone. proposed
residential density in the area.
on
impact vided which supports
Infrastructure exists or can be pro the
the proposed change. The zoning ordinance covers
be permitted in this zone.
intensity Of use that would
An undue concentration of people would result if the
property is developed at a level which exceeds the
carrying capacity of the land
environmental or service
would not happen. The proposed zoning and approved
which
development would ensure that the site is properly
developed. No significant impact is expected.
will the Requested Zone Facilitate the Ad uate Provision
Schools, and other
of TransRortation, Wal:,ignig�.' -Parks
Public Reguir�ements?
No additional demands for transportation, water, and
of exist. ing approved
sewer would be expected because
development; existing infrastructure exists in the
vicinity (North Valley Sewer and Evergreen Water
development of
Districts) which would be able to serve
this property. Schools and parks should not be any more
existing County approvals than would
impacted under the
be under the City. No significant negative impact is
expected.
Does the R,eguested Zone Give Consideration to the
for Particular
Particular Suitability Of the Property
U.Kes?
The subject property is well suited for uses permitted
availability of services
within the R-3 zone because of
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and access to a major thoroughfare. The property is of
adequate size for the type of uses permitted and
conditionally allowed in the proposed zone. No
significant negative impact is expected.
Does the Reguested zoning Give Reasonable Consideration
to the Character of this District?
The property in question is well suited for the type
development anticipated under the requested zone because
of the topography, access, regional location, access to
schools, access to urban services, and size of the
proposal. In addition the Master Plan for the area
anticipates this type of zone in this area. No
significant negative impact is expected.
Would the Proposed Zonina Conserve the Value of the
Buildings?
The subject request would not significantly impact
buildings. There are no known uses that would be
affected by this zone. A change from County R-4 to the
City R-3 zone will not significantly impact, erode, or
devalue the neighborhood beyond the type of uses that are
currently allowed or that exist in the area. No
significant negative impact is expected.
Will the Requested Zone Change Encourage the Most
Appropriate Use of the Land Throughout the Jurisdiction?
Appropriateness of a zone is determined by the Kalispell
City -County Master Plan. The Plan, the existing zoning
classification, and the Conditional Use Permit identify
this area for the types of uses permitted within the
requested zone. Therefore, the change would encourage
the most appropriate use of the land. No significant
negative impact is expected. The proposed City zone
merely continues the property's land use approvals from
the County.
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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WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Fairway Boulevard Addition No. 267,
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.1bud . get without incurring additional
bonded indebtedness, and
WHEREAS, the City Of Kalispell desires to annex said property
in accordance with Title 7, Chapter 21 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 described as
Fairway Boulevard Townhouses Phases VI and VII and all
common areas and roadways in all of Fairway Boulevard
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 occur later, said
annexed territory is part of the City of Kalispell 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 Ill. The terr itory annexed by this Resolution
11 be z ed Urban Single Family Residential, R-3.
SECTION iV. Th is Resolution shall be effective 30 days
froa and after its passage by the city Council.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL THIS 10th DAY OF July 1995.
ATTEST: bb�tgia:Q D. Rauthe, Mayor
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Debbie Giffo c
Clerk of Cour2e
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EXHIBIT "B"
FAIRWAY BOULEVARD ADDITION NO. 267 ANNEXATION
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION 13838
PREPARED BY THE
FLATHEAD REGIONAL DEVELOPMENT OFFICE
MAY 31,1995
The subject property 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 13838). This broad -based extension of services plan together
with this "mini -piano comprise the Extension of Services Plan for the Fairway
Boulevard Addition No. 267 annexation.
EXISTING SERVICES:
Water Evergreen Water District has a 12 Inch water line In Whitefish Stage. This
main should have sufficient capacity to serve this site when the connection is
made.
Sewer Sanitary sewer and lift station exist toward the west end of the property.
This line and station have suff Iclent capacity to service this property.
stornlDrainage No area storm drainage system appears to be associated with this
subdivision.
Streets Whitefish Stage is a County maintained 60 foot arterial. Itisatwolane
travel surface with no pedestrian access. The travel surface Is worn and the street
gets congested. The upgrade of Whitefish Stage to an 80 foot right-of-way and
arterial design Is a priority but no funding or time frame has been established. A
pedestrian trail from Reserve Drive to Fairway Boulevard Townhouses along
Whitefish Stage Road serving this site Is scheduled for the fall of 1995. Fairway
Boulevard is a two lane paved road with rolled curbs to a width of 28 feet.
Garbage Collectioa Available by contract from private companies.
Police Protection: Currently the Flathead County Sheriff S Department.
Fire Pr Aection Evergreen Volunteer Fire Department.
ANTICIPATED SERVICE NEEDS:
wat Water supply exists to the property from the Evergreen Water D1,trlct
water line In Whitefish Stage Road.
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Sewe : sewer would flow Into the existing main and would feed Into the City's
sewerage disposal plant. The main has suff Iclent capacity at this time to service
this site.
Storm Drainage Retention and/or disposal of storm water Is collected In the
common area and percolates into the ground.
Ltreets: Whitefish Stage Road and Fairway Boulevard are two lane paved roads with
sufficient capacity to serve this site. It Should be noted that Whitefish Stage Road
has been upgraded to major arterial status. This upgrade will require additional
right-of-WaY to a total of 80 feet. Development of the property should not be
significantly impacted by any additional right-of-way needs of this upgrade.
Garbage collection: The City has the capacity and equipment to handle the needs
of this site at the time It becomes eligible for municipal service.
Police/Fire City of Kalispell Police Department and Fire Department will be available
to serve the tract upon annexation. They will be able to provide Oservice" to this
property on substantially the same basis and In the same manner in which this
service Is currently provided to the rest of the municipality.
EXTENSION AND FINANCIE STMTEGIES
The cost of extending Such public services as police and fire protection, street
maintenance, and administration of the Conditional Use Permit are expected to be
negligible. The general source of money to extend these type of services Is from
the general tax revenues received from this property and other properties Inside
the City limits. Any individual improvements to the property, Including the
extension of the water line, sewer line, and stormwater management
improvements, will be the responsibility of the developer/landowner. Any area -
wide improvements relative to a comprehensive storm drainage system will be
financed in part by the residents of the entire municipality and in part by special
assessments for that purpose.
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