Resolution 4121/AnnexationRESOLUTION NO, 4121
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 AS DESCRIBED IN EXHIBIT "Alf, ATTACHED HERETO, TO BE KNOWN
AS THREE MILE FARM COUNTRY TOWNHOMES NO. 2 52 ; TO ZONE SAID PROPERTY
TWO FAMILY RESIDENTIAL, R-4, TO AMEND THE CITY ZONING MAP
ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Clyde B. Smith, James L. Petesch, Sheron J. Petesch, and Fred
Gendler, the owners of the property described in Exhibit "All,
attached hereto, requesting that the City of Kalispell annex the
territory into the City, and
WHEREAS, the Flathead. Regional Development office has made a
report on the Annexation/Zoning of the territory dated July 2,
1993, 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 Two Family Residential, R-4, 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 requested zone comply with the Master Plan?
The property is designated by the Kalispell City -County
Master Plan as 'Urban Residential (2-8 units per acre) 11 .
Assuming 2 5% of a project is devoted to road right -of -
way■ the R--4 zone would allow up to five (5) single
family houses or 10 duplex housing units per net acre.
Thus with a range of 5 - 10 units per acre, the requested
R-4 zoning classification is in conformance with the
Master Plan designation.
Is the requested zone desi ned to lessen congestion in
the streets and facilitate the adequate provision of
transportation, water sewerage, schools.__,...arks and
other Public requirements?
A change from County rural zoning to a City higher
density residential zoning will allow a greater density
of development to occur. However, the area now would be
served by urban infrastructure including a municipal
street department , fire and police departments , and sewer
and water utilities. In conjunction with this zone
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request. the applicants have submitted a subdivision with
PUD overlay that addresses the actual provision of public
utilities and infrastructure. As discussed below, when
analyzing the subdivision impacts, there are adequate
utilities and services available to serve this property.
The development of this site will involve further City
review both in the form of subdivision review and Site
Plan Committee review. Development of this site will
provide the opportunity of a second access out connecting
Three Mile Drive with Liberty street. Schools will
continue to be impacted as additional people move to
Kalispell and the community experiences growth.
Will the requested zone secure safety from fir anic
and other dangers?
The property does not appear to be subject to any
particular natural hazards. Any additional 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 re nested 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 to the adjoining
properties. Multi -family housing in large complexes
exists to the south while single-family neighborhoods
exist to the north and east. Thus this property is in a
transitional area bridging the difference between the two
development patterns. Other City codes that are intended
to serve the "general welfare" would also be applicable
to any additional development on the property,
Will the requested zone_provide for ade uate lictht and
air?
The property development standards of an R-4 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.
Will the re uested zone prevent the overcrowd,inci of land
and the undue concentration of oeoole?
Zoning (bulk and dimensional standards) and site plan
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review authority will ensure that new development is
adequately served with utilities and other public demand
services.
Does the requested zone give consideration to the
articular suitability -of the property for Particular
uses?
Adequate infrastructure is available or can be
extended/developed to accommodate future development.
The property generally slopes to the south. The slope
will add design options for the placement ❑ f housing. It
will also add some degree of complication for road
design, an issue that can be addressed with proper
engineering. There is opportunity to access both Liberty
Street and Three Mile Drive, This site is immediately
adjacent to the City and appears to be a logical
extension of the City,.
Does the requested zone ive reasonable consideration to
the character of the district?
The property is immediately adjacent to the City.
Residential development is occurring on all sides.
Public utilities and services are readily available.
Single-family housing lies to the north, west and east.
Multi -family housing is proposed to the south. This site
is situated between higher density RA-1 Apartment zoning
to the south and lower density Single Family Residential
R-- 3 zoning to the north and east. Thus, this site serves
as a transitional property and the requested zoning meets
that need.
Will the proposed zone conserve the value of build in s?
The property is now vacant. The proposed zoning
classification will insure the site is developed
residentially and allow development densities similar to
development of adjacent lots. This predictableness and
compatibility encourages neighborhood stability.
Wil1 the requested zone encoura e the most gppropriate
use of the land throughout the munici alit ?
The requested R-4 zoning class 'if ication will promote land
uses consistent with the Master Plan and with the
surrounding uses. The applicants have submitted a PUD
overlay request which further refines the development
capabilities of this site.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY
OF KAL I S PELL AS FOLLOWS
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SECTION I,. That all the real property as ' s more
particularly described in Exhibit "A", shall be annexed
to the city of Kalispell and the boundary of the City is
altered to so provide, subject to the following
conditions
1. The 8" water main that lies at the
intersection of Garland shall be extended
along Three Mile Drive to the far west of the
property.
2. The 8" sewer line lying in Northern Lights
Boulevard should be extended westerly abutting
the property.
SECTION II. Upon the effective date of this Resolution,
the city Clerk -Treasurer 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 -Treasurer ■ or on the effective
date hereof whichever shall occur 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 Two Family Residential, R-4.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the city council.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
DAY OF ■ 19 9 3 .
ATTEST:
Amy H . Robertson
Finance Director
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Douglas D. Rauthe, Mayor
EXHIBIT "All
A tract of land in the Northwest Quarter of the Northeast Quarter
NW {NE%) of Section 12, Township 28 North, Range 22 West,
M.P.M., Flathead County, Montana, described as follows:
Beginning at a point which bears North 89038 "281= East a distance of
979.83 feet and South 00°05' 45" West a distance of 462,04 feet
from the Northwest corner of the Northeast Quarter of Section
12 ; according to Certificate of Survey No. 10998, records of
Flathead County, Montana; thence along the West line of o lson' s
Addition
South o o° D 5' 4 5" West a distance of 252,31 feet to the Northeast
corner of Olson 1st Addition; thence along the North line of
said subdivision
South 8 9 ° 4 4 ' 2 6" West a distance of 216.80 feet to the Northwest
corner of said subdivision; thence along the West line of said
subdivision
South o o° 0 5' 4 5" West a distance of 16 6. 3 6 feet to the North line of
Liberty Street* thence along the North line of Liberty Street
South 8 9° 4 4' 2 6" Nest a distance of 99.02 feet to the Southeast
corner of that parcel described in Document 19313814020 and
as shown on Deed Exhibit recorded in Book 526, page 91, records
of Flathead County, Montana; thence along the East line of said
parcel
North 0002215911 West a distance of 166.92 feet to the Northeast
corner of said parcel; thence along the North line of said
parcel
South 8 9° 3 5' 10" West a distance of 489.91 feet to the Southeast
corner of that parcel described in Book 584, page 578 and as
shown on Certificate of Survey No. 2125, records of Flathead
County, Montana; thence along the East line of said parcel
North 00 4 4 0 ' o 111 East a distance of 641.19 feet to the South line of
Three Mile Drive, a deeded State Highway as described in Soak
383, page 220, records of Flathead County, Montana; thence along
the South boundary of said State Highway
North 8903412111 East a distance of 186.39 feet to a point; thence
South 31 ° 2 4 ' 31" East a distance of 3 69. 6o feet to a point; thence
North 8 9 ° 2 4 ' 2 2" East a distance of 105.42 feet to the West line of
that parcel described 'n Book 764, page 483 and as shown on Reed
Exhibit recorded in Book 507, page 22, records of Flathead
County, Montana; thence along said West line
South o o ° 18 ' 58 " West a distance of 71 . 18 feet to a point; thence
South 8905615811 East a distance of 316. 06 feet to the paint of
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