Resolution 3906 - Annexation - Landfall Add.92253 1 1 SL'-V
RESOLUTION NO. 3906
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
PARCELS OF REAL PROPERTY IN A TRACT OF LAND IN THE NWT SW4- OF
SECTION 6r TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS LANDFALL ADDITION NO. 235 ; TO ZONE SAID
PROPERTY RESIDENTIAL, R-3, TO AMEND THE CITY ZONING MAP ACCORDINGLY
AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received petitions containing
the signature of more than 50% of the resident freeholder electors
within a tract of land in the NWT SEA OF SECTION 6r TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., which is more particularly described
in Exhibit "A", 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 August 1,
1989, 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 §5.01, Kalispell Zoning ordinance on August 8,
1989 and recommended that the territory be annexed into the City of
Kalispell and be zoned Residential, R-3, and
WHEREAS, the City Council of the City of Kalispell held a public
hearing pursuant to §6.1.3, Kalispell Zoning ordinance on September
18, 1989 and considered the report made by the Flathead Regional
Development Office and the recommendation of the Kalispell City -County
Planning Board and Zoning Commission, 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 PROPOSED ZONE COMPLY WITH THE MASTER PLAN?
The primary test of determining compliance with the Master Plan is
whether the proposed zoning classification is consistent with. the
land use designation assigned to that area by the Official Map of
the Kalispell City -County Master Plan. For the subject area, the
land use designation is Urban Residential, which compliments the
proposed Residential R-3 zoning classification.
IS THE REQUESTED ZONE DESIGNED TO LESSEN CONGESTION IN THE STREETS?
Since the property is currently vacant, any additional development
will increase traffic trips onto the adjoining City streets. However,
the proposed single family zoning classification should limit the
development potential of the property to a density that can be
accommodated by the existing City street network. Points of ultimate
traffic congestion are at the intersections of Grandview Drive and
Sunn.yview Lane where these two streets intersect with U. S. Highway
93. Both of these intersections are currently be nt' studied for
improvements by the State Department of Highways.
WILL THE REQUESTED ZONE SECURE SAFETY FROM FIRE, PANIC AND OTHER
DANGERS?
The proposed single family residential zone will ensure that the
subject property is not over -built but retains sufficient open space.
With annexation into the City and development of the property, suffi-
cient controls are in place to ensure that public safety is adequately
anticipated. The City of Kalispell police and fire protection will
be available to the property and other City services will be extended,
including fire hydrants. Conditions of development will consider
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other matters of potential concern such as topography and proximity
to the Stillwater River.
WILL THE REQUESTED ZONE PROMOTE THE HEALTH AND GENERAL WELFARE?
The proposed zoning is consistent with the Master Plan, which is a
measure of the general public interest. The zoning will help to
ensure orderly growth and development and separation of incompatible
uses. The proposed zoning will also compliment the character of the
adjoining properties. This should be in the public interest and
serve to promote the general welfare.
WILL THE REQUESTED ZONE PROVIDE FOR ADEQUATE LIGHT AND AIR?
The bulk and dimensional requirements of the proposed zoning classifi-
cation will ensure adequate light and air. For an R-3 zoning
classification, the maximum lot coverage is 40%. Setbacks include
20 feet for the front, 5 feet for the side and 5 feet for the rear.
Cluster development options for the property would also ensure the
adequate provision of open space. The proposed zoning will also be
consistent with the pattern of development on the adjoining properties.
WILL THE REQUESTED ZONE PREVENT THE OVERCROWDING OF LAND?
Overcrowding of land is a function of many variables but it can
generally be considered as a condition that exists when developed
facilities exceed the carrying capacity of the land and/or necessary
services. A combination of zoning standards and subdivision review
standards will ensure that any proposed development will be built
consistent with the level of provided services.
WILL THE REQUESTED ZONE AVOID UNDUE CONCENTRATION OF PEOPLE?
The concentration of people is a function of land use density. The
proposed zone regulates both density of development and uses. The
proposed zoning classification will limit land uses to single family
dwellings and require minimum lot sizes of 7,200 square feet of
which no more than 40% can be covered by buildings. These standards
will regulate the density to ensure that the property is not over -built
and that the property is developed in a manner consistent with the
other developed properties in the area. The proposed zoning is a
single family zone as opposed to a multi -family zone so undue
concentration of people is not expected.
WILL THE REQUESTED ZONE FACILITATE THE ADEQUATE PROVISION OF TRANSPOR-
TATION, WATER., SEWERAGE, SCHOOLS, PARKS, AND OTHER PUBLIC REQUIREMENTS?
The proposed zoning will have no direct relationship to the provision
of public services. However, improvements to the water, sewer, and
storm drainage facilities will be necessary before the development
potential of the property, as otherwise permitted by the zoning, can
be fully achieved. A full range of infrastructure improvements for
the property will be necessary as a condition of annexation. These
infrastructure improvements pertaining to water and sewer must be
designed by the owner to anticipate the development potential of the
property as permitted by the zoning. Subdivision standards will
also establish criteria of development to ensure that egress/ingress
and other concerns are adequately addressed prior to approval of any
subdivision. The impacts of annexing this property and assigning it
with an R-3 zoning classification relative to schools and parks will
be assessed via other review processes and cannot be anticipated
until the development proposal for the property is more fully
understood.
DOES THE REQUESTED ZONE GIVE CONSIDERATION TO THE PARTICULAR SUITABILITY
OF THE PROPERTY FOR PARTICULAR USES?
The property was once used as a homesite for a farm. The property
is now abandoned but still retains favorable characteristics for
residential development. The property has certain topographical
limitations, especially in the vicinity of the Stillwater River.
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92253 115cx)
However, sufficient area remains between the River and Grandview
Lane and Grandview Drive to provide sufficient areas for residential
development. Other favorable qualities of the property include its
proximity to the golf course and panoramic views of the mountain
range to the east. And as earlier stated, the property can accommodate
the development that might be anticipated in a residential zone upon
extension of water and sewer facilities to the property.
DOES THE REQUESTED ZONE GIVE REASONABLE CONSIDERATION TO THE CHARACTER
OF THE DISTRICT?
A single family residential development is a suitable use for the
property. Adjoining the property is the City golf course and "R--3"
compatible developments. Any other more intensive use, such as high
density residential or commercial, would probably not be complimentary
to these adjoining uses or to the existing transportation network of
the City.
WILL THE REQUESTED ZONE CONSERVE THE VALUE OF BUILDINGS?
The proposed zoning classification should help maintain the value of
the adjoining properties in the area since it will serve to maintain
the existing residential character of the area and would prevent the
introduction of any uses that might be incompatible with the golf
course facilities or adjoining neighborhoods.
WILL THE REQUESTED ZONE ENCOURAGE THE MOST APPROPRIATE USE OF THE
LAND THROUGHOUT THE MUNICIPALITY?
The proposed R-3 classification would promote land uses consistent
with the "anticipation" of the Master Plan and with the surrounding
uses.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as is 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. That the owner of the property comply with all aspects
of the developer's extension agreement between the City of
Kalispell and LMJ Enterprises, a Montana General Partnership.
2. That the water and sewer main be extended to the
property in accordance to the City of Kalispell construction
standards. The fire hydrants shall be installed in accordance
to the Uniform Fire Code and as otherwise acceptable to
the Kalispell Fire Department. The engineering design and
construction costs shall be borne by the developer or owner
of the property.
3. That annexation include Grandview Lane.
4. That all required extensions of the utilities be completed
or guaranteed for completion prior to annexation.
5. That all necessary consents for annexation be obtained.
6. That the boundary encroachment problem that may exist
between the golf course and the subject property be resolved
to the mutual benefit of all parties concerned including
the Kalispell Golf Association, City of Kalispell, and
Landfall Co.
7. That subsequent development of the property shall include
provisions for "owner" improvement of Grandview Lane
including any roadway extensions; sizing and location of
on -site water and sewer mains and fire hydrants; drainage
improvements; and other similar site improvements.
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92�531)5DO
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 terri-
tory 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 Residential, R-3.
SECTION IV. This Resolution shall be effective September
it 1990.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
DAY OF September_, 1989.
40 L6
J "Ed" Kennedy Irt, Mayor
ATTEST:
Don Halverf C.M.C.
City Clerk -Treasurer
I'r the undersigned, Finance Director of the City of
Kalispell, certify that the foregoing is a true copy of the
Resolution passed by the city Council of the City of Kalispell,
Montana at a regular meeting held September 181,1989
?finance 15hector of the City of Kalispell
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EXHIBIT A
A 'Tract of land situated in Section 6, Township 28 Forth, Range 21 West, M.P.M.,
Flathead County, Montana, described as follows to —wit
Commencing near the center of said Section at a point in the center of the
abandoned Counter Road 30 feet South of the center Line extending East and
West, dividing said 'Section in the center; thence following Southerly along
the center of the abandoned County Road, the following directions and
distances
South 9°0' West a distance of 120 feet to a point; thence
South 4 ° 30' East a distance of '150 feet to a point; thence
South 20*15' East a distance of 377 feet to a points thence
South 46*0' East a distance of 100 feet to a point; thence
South 65*30' East a distance of 200 feet to a point; thence leaving the abandoned
County Road and going in an Easterly direction the following direction and
89*12' East a distance of 500 feet to about the center of the Stillwater
River; thence
North along the center of the Stillwater River to a point 30 feet Southerly from -
where said River touches the East and hest center line of said Section;
thence
Kest and parallel to said center line to the place of beginning.
STATE OF MONTANA,
SS
County of Flathead
Recorded at the request of
this �7 day of 19 t
the records of Flathead County, State of Montana.
Fee $ 3019m Pd.
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RECEPTION NO.
92253
RETURN TO
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a' clock M and recorded in
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Flathea County Clerk a -corder
Deputy