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Resolution 4088/Annexation9,3092 6q jqo v �i 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 IN GOVERNMENT LOT 12 OF SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS JUNIPER BEND ADDITION NO. 248; TO ZONE SAID PROPERTY 4-3, URBAN SINGLE FAMILY RESIDENTIAL, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Mitchell/Swoish Partnership, owners, requesting that the City of Kalispell annex a tract of land in Government Lot 12 of Section 6, T28N, R21W, M.P.M., Flathead County, Montana, described as follows: A strip of land being 30 feet in width and bordering the northerly boundary line of Government Lot 12 and ,C commencing at the easterly boundary line of a County Road and extending easterly to the centerline of the Stillwater River, and, WHEREAS, the Flathead Regional Development Office has made a report on the annexation/zoning of the territory dated October 13, 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 October 20, 1992 and recommended that the territory be annexed into the City of Kalispell and be zoned R-3, Urban 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-3 Urban Single Family Residential classification and determined that classification would be compatible for the intended use upon the property, 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 in accordance with the Kalispell City -County Master Plan and the Kalispell Zoning Ordinance based upon the following criterion: 1 s.� Does the requested zone comply with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Urban Residential". The requested R-3 zoning classification is in conformance with that designation. Is the requested zone designed to lessen congestion in the streets? A change from county zoning to city zoning is not likely to affect vehicular traffic. Furthermore, the subject property is just 30 feet in width; the intended use of the property is to provide a buffer area associated with development of adjacent land. Therefore, the zoning of the property will not affect congestion in the streets. Will the requested zone secure safety from fire, panic, and other dangers? Again, the zoning of this particular piece of property will not affect safety issues such as fire, panic or other dangers. Although the property is not slated for development, the proposed zoning designation allows basically the same uses as the current county zoning (residential). 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 provide for adequate light and air? The property development standards of an R-3 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. As a stand- alone parcel, the property is not developable due to setback restrictions. When consolidated with the Fa 93092bqIqO adjoining parcel as proposed, the land will be used as a buffer area between the proposed townhouses and the property to the north. Will the requested zone prevent the overcrowding of land? Zoning (bulk and dimensional standards) and site plan review authority will ensure that new development is adequately served with utilities and other public demand services, and that overcrowding of the land does not occur. Will the requested zone avoid undue concentration of people? The R-3 zone which is being proposed contains property development standards which dictate such things as minimum lot size, permitted lot coverage, and yard setbacks. Such standards ensure proper density of development. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The zone change is not likely to increase demands for these services because of the size and intended use of the lot. The attached extension of services plan further speaks to this criteria. Does the requested zone give consideration to the particular suitability of the property for particular uses? The intended use of the property - a buffer area for a townhouse development - is appropriate in the requested R-3 zone. Does the requested zone give reasonable consideration to the character of the district? The proposed zoning is an "urban" residential classification that anticipates moderate to high residential densities due to the adequacy and availability of a full range of urban services. The land use characteristics of the neighborhood reflect this urban scale of development. Will the proposed zone conserve the value of buildings? The site is currently vacant; building values are not an issue. Adjoining properties should benefit since the 3 r proposed zoning will allow the same uses and density that is common to the surrounding area. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The requested R-3 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 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 Juniper Bend 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, Juniper Bend 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 of the real property as is more particularly described as a tract of land in Government Lot 12 of Section 6, T28N, R21W, M.P.M., Flathead County, Montana, shall be annexed to the City of Kalispell and the boundaries of the City are altered to so provide. SECTION II. 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. 2 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. SECTION III. The territory annexed by this Resolution shall be zoned as R-3, Urban Single Family Residential, and the City of Kalispell zoning map shall be altered to so provide. SECTION IV. 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. Douglas D. Rauthe, • ATTEST: Amy Robertson I, the undersigned, Clerk of the Council of Kalispell, certify that the foregoing is a true copy No. 4088 passed by the City Council of the City Montana,at,,a regular meeting held January 4, 1993. A 4 ZhL M) P� 5 the City of of Resolution of Kalispell, EXHIBIT "A" A 6" water main is in place in the right-of-way of Grandview Drive immediately west of the subject property. This main can be extended to the property to provide the required water service. It will be the responsibility of the developer to bear all costs associated with the main extension. Further, each dwelling unit within the proposed townhouse development shall be served by a main. ,aX• There is also an 80 sanitary sewer line in the Gra few Drive right- of-way. The developer will likewise be responsible for the extension of this ,main to serve the subject property. Due to the location of the sewer main and the topography of the site, a lift station will be required on site. The city will require the lift station to be equipped with a back-up generator and alarm system. The subject property is currently accessible from two county roads, Grandview Drive and Grandview Lane. Grandview Drive is a collector street that is in both City of Kalispell and Flathead County jurisdiction. Adjacent to the subject property it is within Flathead County. Grandview Lane dead ends at the southerly property line of the subject property. The developer will be required to improve Grandview Lane to City of Kalispell local street standards. Stnrffi prainag!&L There are no public storm drainage improvements in the vicinity. on -site provisions for storm water collection and dispersal are the responsibility of the developer. The preliminary site plan and plat indicate such provisions. City of Kalispell approval of final storm drainage plans will be required. nrnPr c. tv �Prvi . x: Police and fire protection, as well as refuse collection services, will be available to the area upon annexation to the city. CQng of ion S,iandards: The extension of public infrastructure such as water and sewer shall be designed and constructed by the property owner. Access improvements are also the responsibility of the owner. Construction shall be in accord with all City of Kalispell standards, specifications, and requirements. F:\ \REPoRTs\KA-92-3.RPT STATE OF MONTANA, ss County of Flathead Recorded at the request of this day of 9 at o'clock 4M and recorded in the records of Flathead County, State of Montana. Fee $ " Pd. R_ �� ®�N �(„�� Flathead County Clerk a corder RECEPTION,NO. RETURN TO breputy