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