5B. Resolution 4304 - AnnexationRESOLUTION NO. 4304
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, ASHLEY
PARK, PHASE II, A SUBDIVISION IN THE NORTH 1/2, SOUTHEAST 1/4,
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS ASHLEY PARK PHASE II; AND TO
DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
the Somers Land Company, the owner of the property described as
Ashley Park, Phase II, a Subdivision located in the North 1/2 of
the Southeast 1/4 of Section 19, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, requesting that the City of
Kalispell Annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Ashley Park Subdivision Phase II Annexation and Zoning
Request, #KA-96-05, dated November 4, 1996, and
WHEREAS, on the 6th day of November, 1995, the City Council of
the City of Kalispell adopted, pursuant to Section 7-2-4610, MCA,
an Extension of Services Plan which anticipates development of City
services for approximately five years in the future, and
WHEREAS, a mini -extension of services plan need not be
developed for the area, because the municipality and the property
owner have provided for the extension of municipal services through
the subdivision process, and
WHEREAS, Ashley Park Phase II 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 Title 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 Ashley Park, Phase II, a subdivision in
the North 1/2, Southeast 1/4, Section 19,
Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana shall be annexed to
the City of Kalispell and the boundary of said
City is altered to so provide, and shall be
known as Ashley Park Phase II.
* c 5 7 Ejlwp\res6 .wpd 1
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, 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. This Resolution shall be effective 30 days
from and after its passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY
OF KALISPELL, THIS DAY OF NOVEMBER, 1996.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
j\wp\res6 .wpd 2
Flathead Regional Development Offic
tt
November 4, 1996 Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Somers Land Company Annexation and Zoning - Ashley Park Subdivision
Dear Clarence:
The Kalispell City -County Planning Board and Zoning Commission will hold a public hearing at their
regular meeting of November 14, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the following
agenda item:
A request by Dennis Carver on behalf of Somers Land Company for annexation into the City of
Kalispell and initial zoning from County R-4, Two -Family Residential, to City R-4, Residential.
The property proposed for annexation is west of Airport Road in the southwest area of Kalispell
and will be known as Ashley Park, Phase II. The subdivision which is proposed for annexation
contains approximately 8.24 acres. The property can be described as a portion of Assessor's
Tract 4+ located in the north half of the southeast quarter of Section 19. Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
The final plat for Ashley Park Subdivision, Phase II was filed concurrently with this request for
annexation and initial zoning. In an effort to "fast tract" this application, this transmittal is being sent
to you to be scheduled for a work session prior to the hearing by the Planning Board on zoning. The
Planning Board will have heard this matter prior to final consideration by the City Council. This is a
very straight forward request by a developer who has installed all of the necessary infrastructure to City
standards and it is unlikely any substantial issues will arise.
Staff Report #KA-96-05 is attached to this letter which outlines the annexation and zoning request as well
as the extension of services. This report will be considered by the Planning Board. This report
recommends City R-4 zoning be applied to this property as has been the plan for the development of the
eight phase subdivision.
Please schedule this matter for the November 12, 1996 council work session and subsequent regular
meeting on November 18, 1996. Although this timing is a bit unusual, it is being done to accommodate
the developer. A formal transmittal from the Planning Board president will be sent to you regarding this
matter after the Planning Board meeting.
Sincerely,
Zd a
Planner II
NW/sm
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Clarence Krepps
Re: Somers Land Company Annexation and Zoning - Ashley Park Subdivision
November 4, 1996
Page 2
Attachments: FRDO Report #KA-96-5
Application Materials
Somers Land Development, 1995 Third Ave. East, Kalispell, MT 59901
H:\...\ 1996\KA96-5. TRM
SOMERS i, COMPANYANNEXATIOND ZONING REQUEST
FROM r . COUNTY,i ,
ZONING, CITY
REPORT 96
FLATHEAD REGIONAL DEVELOPMENT
NOVEMBER.:.t
Somers Land Company has petitioned for annexation into the city limits of Kalispell and initial
zoning. This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. A public hearing has
been scheduled before the Kalispell City -County Planning Board and Zoning Commission for
November 14, 1996 beginning at 7:00 p.m. The Planning Board and Zoning Commission will
forward a recommendation to the Kalispell City Council for final action.
The applicant has proposed a zoning classification of R-4, a Residential district, under the City
of Kalispell Zoning Ordinance. Currently, the property is zoned County R-4, a Two Family
Residential district, under the Flathead County Zoning Regulations.
The developer has petitioned annexation and initial zoning concurrent with application for final
plat approval of Ashley Park Subdivision, Phase II, a 29 lot residential subdivision in southwest
Kalispell.
A. Petitioner and Owners: Dennis Carver
Somers Land Company
1995 Third Avenue East
Kalispell, MT 59901
(406)257-8240
B. Location and Legal Description of Property:
The property proposed for annexation is located in the southwest part of Kalispell and
contains approximately 8.24 acres. The property can be described as a portion of
Assessor's Tract 4+ located in the north half of the southeast quarter of Section 19.
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
B. Existing zoning:
Existing zoning on this property is County R-4, a Two -Family Residential district which
is a residential district which allows duplexes and single-family dwellings. The minimum
lot size requirement is 6,000 square feet for a single family dwelling and 7,000 square
feet for a duplex.
EXHIBIT A
�Rillkyj I DON1.2 WWI 1XMV4 I a
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 November 5, 1995
(Resolution #4241). This broad -based extension of services plan, together with this "mini -plan"
comprise the Extension of Services Plan for the Somers Land Company annexation.
EXISTING SERVICES:
Water: An 8" water line has been installed as part of the development of the subdivision for
Ashley Park Phase II, along with two 8" inch mainline gate valves and four 6" fire hydrants.
Sewer: An 8" sanitary sewer line has been extended by the developer throughout the subdivision
for Ashley Park Phase II according to City specifications.
Roads: Access to the property will be provided by way of roadways within Ashley Park
Subdivision which have been built according to City standards. Access to Airport Road is by
way of an existing access to Ashley Park Phase I. No new road extensions are required.
Storm Drainage: The storm drainage system has been reviewed and approved by the Kalispell
Public Works Department and the State Department of Environmental Quality. All necessary
improvements have been installed by the developer.
Other City Services: Police and fire protection, as well as refuse collection services, will be
available to the area upon annexation to the city. The Fire Department has reviewed and
approved the hydrants and their location.
Construction Standards: The extension of public infrastructure such as water and sewer have
been installed in accordance with all City of Kalispell standards, specifications, and requirements
and the cost has been borne by the developer.
EXTENSION AND FINANCE STRATEGIES:
Any necessary improvements to the area proposed for annexation would be the responsibility of
the developer, and any future extension of service lines to serve future phases of the Ashley Park
Subdivision will be the responsibility of the developer. No special assessments or financing
appear to be required.
HA ... \REPORTS\KA\96\KA-05 . RPT
1
Phone (406) 257-8240
September 18, 1996
Clarence Krepps
City Manager
City of Kalispell
Drawer 1997
Kalispell, Montana 59901
RE: Annexation of Ashley Park Subdivision/Phase II
Dear Mr. Krepps,
Please accept this letter as the petition to annex the tract
of land described in the attached legal description to the
City of Kalispell. This tract will encompass the above -
referenced subdivision.
Also enclosed, for your reference, is a preliminary plat of
the subdivision.
Sincerely,
SOMERS LAND COMPANY, INC.
Dennis F. Carver, President
enclosures