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Resolution 3997 - Annexation - Riverview Greens163 1 1 RESOLUTION NO. 3997 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REAL PROPERTY TO BE KNOWN AS RIVERVIEW GREENS ADDITION NO. 241; TO ZONE SAID PROPERTY RESIDENTIAL, R-3, AND TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the boundaries of the territory to be annexed is contained in Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof, and WHEREAS, the Flathead Regional Development Office has made a report on the annexation/zoning of the territory dated June 4, 1991, 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 6.13, Kalispell Zoning Ordinance on June 11, 1991 and recommended that the territory be annexed into the City of Kalispell and be zoned Residential, R-3, 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 6:13, Kalispell Zoning Ordinance on July 15, 1991 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, 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. Does the PrOROsed zone comply with the masterplan? The Kalispell City -County Master Plan indicates a high density residential land use designation for the subject property. The proposed zoning classification is an urban scale classification allowing high density single family residential development. The proposed classification would be in substantial conformance with the anticipation of the master plan. 2. Is the Proposed zone designed to lessen congestion in the streets? 1 F� 164 The proposed zoning classification largely reflects the design of the platted subdivision. The zoning will not alter the development pattern or density of the subdivision.. Therefore, the proposed zoning will have no affect on traffic patterns or trip generation beyond the existing situation. 3. Will the proposed zone secure safety from fire anic and other dangers? Again, the proposed zoning largely reflects the bulk and dimensional requirements of the existing subdivision. The proposed zoning will not increase the development potential of the property. Upon annexation, the subdivision will be served with all city services such as police and fire protection. 4. Will the proposed zone promote the health and general welfare? The proposed zoning is consistent with the Master Plan which is a measure of general public interest. The zoning is also compatible to the lot layout and existing uses of the subdivision. The proposed zoning will serve the general interests of the subdivision and be compatible with the adjoining zoning classifications. 5. Will the proposed zone provide for adequate light and air? The proposed zoning classification closely reflects the subdivision layout relative to lot dimensions and setback requirements. The zoning will also require that the undeveloped lots be built out in a substantially similar manner to the developed lots. Minimum yard requirements in R-3 zoning classifications are 20 feet for the front, 5 feet for the side, 0 for the rear. The maximum building height requirement is 35 feet. Maximum lot coverage is 40%. All these requirements combine to insure that adequate light and air is being provided consistent with a single family residential subdivision. 6. Will the proposed zone prevent the overcrowding of land? The subject property is currently served by public water and sewer facilities and other public utility services. The subdivision was approved pursuant to the current subdivision regulations for Flathead County. Integral to subdivision review was assurance that the land was not over built relative to the availability of public services. 7. Will the proposed zone avoid undue concentration of people? 2 165 A residential R-3 zoning classification will allow a single family dwelling on each lot of record. Each of the lots of record comply with the bulk and dimensional requirements of the proposed zoning classification. As such, excess or undue concentration of the people will not occur. 8. Will the proposed zone facilitate the adequate- provision of transportation, water, sewerage, schools arks and other iRublic requirements? These considerations were evaluated pursuant to subdivision review for Riverview Greens. The subdivision was required to connect to the North Village Sewer District and to the Evergreen Water and Sewer District. In addition other public utility services were extended to each of the lots. Private roads were developed to provide access to the individual lots. In addition, on site parks were required. The proposed zoning will not affect these standards that were required by the subdivision process. 9. Does the Rroposed zone give consideration to the particular suitability -of the property for particular uses? The subject property was platted as a single family residential subdivision. All infrastructure has been installed to support the demands of the property including roads, sewer, water and other public services. The proposed zoning classification is compatible with the approved development pattern of the property. 10. Does the ro osed zone give reasonable consideration to the character of the district? As suggested throughout this report, the proposed zoning classification largely mimics the characteristics of the platted subdivision. The zoning is also compatible to the other residential developments in the area. 11. Will the proposed zone conserve the value of buildings? The proposed zoning will insure that the vacant lots are developed in a manner similar to,those parcels that have already been developed with residential dwellings. This will protect the property interests of both the developed lots and vacant lots.. 12. Will the proposed zone encourage the most aRvropriate use of the land throughout the municipality? This area and other areas along Whitefish Stage Road have developed a residential character over the last 20 years. Infrastructure has been extended to this area for the purpose of accommodating additional residential development. The proposed 3 M 166 zoning classification is consistent with previous subdivision approvals for the area and is also consistent with the anticipation of the Kalispell City -County Master Plan. WHEREAS, on the 3rd day of April, 1989 the City Council of the City of Kalispell adopted, pursuant to Section 7-2--4305, 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 "B" 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 the maintenance of existing services within the area of Riverview Greens, 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 City budget, without incurring additional bonded indebtedness, and WHEREAS, by the terms of a certain CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT, dated August 12, 1988, Buffalo Chip Partnership, a predecessor in interest to the current freeholders, did waive the right to protest annexation of and consented to the annexation of the Riverview Greens by the City of Kalispell, and WHEREAS, by the terms of said CONSENT TO ANNEX AGREEMENT, all owners, purchasers under contract for deed, and resident freeholders have waived their right to protest annexation to the City of Kalispell, and therefore the provisions of Section 7-2- 4314, MCA should not apply, and WHEREAS, .said Riverview Greens 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 in Exhibit "A attached hereto, 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 4 167 Resolution, the City Clerk -Treasurer'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. From and after the date prepared by the City effective date hereof, said annexed territory shall be subject to all regulations in force in be entitled to the same other parts of the City. of filing of said documents as Clerk -Treasurer, or on the whichever shall occur later, and its citizens and property debts, laws and ordinances and the City of Kalispell and shall privileges and benefits as are SECTION III. The territory annexed by this Resolution shall be zoned as Residential, R-3, 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 BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS DAY OF July , 1991. ATTEST: Amy H Robertson Finance Director 5 15th -46Wi0-44 i� f I NOW • i • 1.V V EXHIBIT a RIVER VIEW GREENS ADDITION NO. 241 4 . RIVER VIEW GREENS, A PLAT ON FILE AND OF RECORD, CLERK AND RECORDER'S OFFICE, FLATHEAD COUNTY, MONTANA. 1 1 r I I x o ` 0 W J O Aa a D OD 0I{ z uj Q 1 } = d 4� NKa - iLU U' W O a. LLI }�Tt17 I W 1 .J N, r IY l 11 V' • • Q 11 i r - I • Go a y v - s a w •, t • u n � C omp W e w w �P U y UJ M Al F w wn1_�/ eifr �• .n/ m 17 0- EXHIBIT "B" F.R.D.0. .tune 18, 1991 RIVER VIEW GREENS ADDITION NO. 241 River View Greens is a 60 lot single family residential subdivision off of Whitefish Stage Road near the convergence of Whitefish Stage Road and West Evergreen Drive. This subdivision adjoins the City of Kalispell Golf Course. The final phase of River' View -Greens was recorded in September, 1990. The subdivision is fully developed with local private roads, sidewalks, public utilities, homeowners' parks, lighting and storm water drainage improvements. A municipal service review was performed in June 1991 by the Kalispell Fire, Police, Public Works, and Parks Departments. The result of this service review is that each department is able to provide municipal services to the River View GreensAddition services arecurrentlyprovidedto the restofthe non ebysame sis and in hs ame wanner- �n which municipality. The River View Greens Addition 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 April 3, 1989 (Resolution #3838). This broad based extension of services plan, together with the following "mini —plan" (specific to this annexation) comprise the Extension of Services Plan for the River View Greens Addition. EXISTING SERVICES: Water: Water service to the subdivision is provided by the Evergreen Water and Sewer District. The mains in the subdivision are 8" and 12" in diameter with 6" hydrants. Sewer: Sewage collection in the subdivision is provided by the North Village Sewer District. This sewer district utilizes the City of Kalispell sewage system for disposal of the waste and said sewer district is subject to an agreement with the City of Kalispell which provides, in part, that connection to the City system is acceptable provided the landowners waive the right to protest annexation into the city limits of Kalispell. The sewer mains in the subdivision have an 8" diameter. Storm Drainage: Storm drainage from the subdivision is treated on —site with an engineered system. This system includes drainage collection along the roadways and a detention pond facility. 1 171 Streets: The roads in the subdivision are private. The right-of-way of the roads is 60 feet with a paved width of 24 feet with two foot curb and gutter on each side. These roads were built in accordance to Flathead County Standards for Paved Roads. Garbage Collection: Garbage collection is available on a contract basis to the property from private companies. Police Protection: The area is within the jurisdiction of the Flathead County Sheriff's Department. Fire Protection: The subdivision is within the jurisdiction of the Evergreen Rural Fire District. ANTICIPATED SERVICE NEEDS: Water: The existing public water supply services of the Evergreen Water and Sewer District are adequate to serve the needs of the subdivision. Upon annexation, the water mains and water services will continue to be owned and operated by the Evergreen Water and Sewer District. Sewer: The existing sewage collection system associated with the North Village Sewer District is adequately sized and engineered to accommodate the 60 lots of River View Greens. Upon annexation, the City of Kalispell will own and operate the sewer mains associated with the annexed territory. The sewer main distribution lines were designed and constructed in accordance to City of Kalispell standards. An unresolved issue at this time pertains to the sewer hook-up fees. The North Village Sewer District fee is $1,500 versus $500 for City connection.. An equitable charge that reflects the mutual interests of both the City and Sewer District will need to be negotiated. Storm Drainage: No storm drainage improvements will be necessary upon annexation into the City limits. The existing stormwater collection and retention system was designed to accommodate the needs of the subdivision. Maintenance of the system is the responsibility of the homeowners' association. M 172 Streets: Upon annexation, the City of Kalispell may accept the dedication of Lhe private roads as public roads. A majority of the landowners must agree to the dedication. This will convert ownership and maintenance responsibilities of the roads from the homeowners' association to the City of Kalispell. Garbage Collection: The City of Kalispell will not providesolid waste disposal service to the annexed territory for a period of at least five (5) years consistent with the provisions of 7-2-4736, M.C.A. Police Protection: The City of Kalispell police department will be able to provide adequate police services to the River View Greens Addition at the same quality and quantity as what presently exists within the corporate city limits. This subdivision is relatively close to the existing city limits and response time is minimal from the police station or from the northeastern city limits. Response time to the subdivision from the central station while driving the accorded speed limits and obeying all traffic control devices was 4:58. Response time to FVCC under similar conditions, for example, is 5:37. Emergency response time would be less than the 4:58. Routine patrol and visual exposure will create no more work load or manpower requirements for this annexation. At the present time the Kalispell Police Department may respond to public safety calls for up to 5 miles outside the corporate city limits. Fire Protection: City of Kalispell fire protection will be available to the property upon annexation. Emergency medical response via Kalispell ambulance is already available to the property. The property is 2.4 miles from the Eire station. The Kalispell Fire Department currently provides fire protection for residential areas that are 2.9 miles from the fire station with response times of six (6) to seven (7) minutes. Response time to the property during times of fire emergencies is expected to be less than five (5) minutes. Fire hydrants , are in place for fire suppression purposes. EXTENSION AND FINANCE STRATEGIES: Most of the homes in the subdivision are less than two (2) years old and have been built to Uniform Building Code standards. The relative low density of the subdivision and the newer ages of the homes should not pose an undue demand for fire protection. This type of residential subdivision is also "low demand" relative to police protection. Impacts to the Kalispell police and fire departments are expected to be minimal with no additional manpower or equipment being anticipated to accommodate the annexed territory. The financial costs of providing general municipal services such as police, fire, street maintenance, parks and recreation, and all general administrative services that the City of Kalispell intends to immediately extend to the annexed territory will be shared by the entire municipality through municipal revenues allocated and expended pursuant to the City of. Kalispell's annual 3 E 173 1 budget adopted each fiscal year. No City of Kalispell bond issue is planned for the sole purpose of financing the provision to municipal services to the new annexed territory. No improvements to the annexed territory are anticipated relative to the storm drainage and lighting. There will also be no cost to the City relative to the extension of water and sewer service to the property. Ownership and maintenance of the sewer system is not expected to be a significant burden since the system was recently installed and engineered to comply with the latest City of Kalispell construction standards. The presence of homeowners' park facilities in the annexed territory will also help satisfy local demands for public park facilities. No additional impacts to the City of Kalispell park facilities are expected with annexation since the residents of the annexed territory utilize private, on — site facilities and probably already utilize City recreation resources. 4