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Resolution 3998 - Annexation - Fairway Blvd174 RESOLUTION NO. 3998 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 FAIRWAY ADDITION NO. 242; 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 proposed zone comply with the masterPlan? The Kalispell City -County Master Plan indicates a high density residential land use.designation for this property. The proposed zoning would allow only single family dwellings (without a cluster development) but the urban nature of this zoning classification would be consistent with the land use designation of the Master Plan. 2. Is the proposed zone designed to lessen congestion in the streets? 1 E 175 The subject property is currently zoned Residential R-4 under the county zoning regulations. The proposed city zoning classification is essentially identical to the County R-4. As such, the proposed zoning classification is not expected to affect traffic congestion beyond that which is already existing under the current zoning. 3. Will the vroposed zone secure safety from fire anic and other dangers? The proposed zoning classification will have little effect on the provision of public safety services to the area. Upon annexation, City of Kalispell police and fire protection will be available. Annexation and zoning will only affect the platted pdrtions of this property. 4. Will the Proposed zone promote the health and general welfare? The proposed zoning is consistent with the zoning that is already applicable to the property. Furthermore, the zoning is compatible to the Master Plan and only affects the developed and/or platted portions of the property. County zoning will remain in effect. for any portion of the property that remains outside the city limits. This will ensure some predictability of land use for the remainder of the property and generally serve the interests of both the residents and general public. 5. Will the Rroposed zone provide for ade uate light and air? The townhouses subject to the annexation were built in accordance to a conditional use permit. At that time, the adequacy of light and air was considered. The zoning regulations allow for cluster development with consideration of open space and setback requirements. The property being annexed was developed in accordance to those standards. 6. Will the proposed zonerevent the overcrowdin of land? The subject property was developed in accordance to approvals issued via the subdivision review process and the conditional use permit review process. Both of these review evaluations considered the adequacy of infrastructure serving the property. The property is served by a private road and public water and sewer facilities. These facilities are adequate to serve the property and thereby prevent the overcrowding of land. 7. Will the proposed zone avoid undue concentration of people? As stated earlier, the proposed zoning is identical to the zoning that has been in place under the county zoning regulations. Therefore, no change in land use density is expected with the 2 176 proposed zoning classification. As such, no more people are expected under the proposed zoning than what would have been expected under the existing zoning. B. Will the proposed zone facilitate the adequate proyLsion of trans ortation water sewerllai:rei, schools. parkst. and other public requirements? Again, the property being annexed has already been approved as a platted subdivision. Pursuant to subdivision review, the provision of public services and general impacts to the public sector were considered. The development of the townhouses required extension of water and sewer mains and the provision of internal private roads. In addition, common area and other open space was required pursuant to the cluster development regulations of the county zoning regulations. As such, the application of a city zoning district on the property will have no direct bearing on the provision and/or adequacy of these services. 9. Does the ro osed zone ive consideration to the articular suitabilit of the property for particular uses? The property subject to the proposed zoning and annexation has already been built and/or approved type fortownhouse development. The property is suitable for this P given the adequacy of public infrastructure to the property. The proposed zoning reflects the cluster provisions of both city and county zoning regulations. 10. Does the proposed zone give reasonable consideration to the character of the district? The subject property was developed under the cluster provisions of the Flathead County Comprehensive Zoning Regulations. The Kalispell Zoning ordinance offers similar regulations to allow development of townhouses in a single family zoning district. There is essentially no difference between the residential R-4 district that now applies to the property in the county and the proposed R-3 residential district that would apply upon annexation. 11. Will the proposed zone conserve the value of buildings? Again, the subject property will be enjoying the same zoning classification as currently applicable in the county. 12. Will the proposed zone encourage the most appropriate use of the land throughout the municipality? The proposed zoning is simply a reflection of the existing development on the property. This type of development and the 3 177 associated zoning is appropriate. to this area where adequate services are available for residential development. 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 City services for approximately five anticipates development of 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. WHEREAS, said "mini -extension of services plan" provides for the extension of municipal services and maintenance of existing services within the area of Fairway Boulevard, 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 municipal services and maintenance of existing services by utilizing funds allocated and expended pursuant to the annual City budget without incurring additional bonded indebtedness, and WHEREAS, by the terms of a certain DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, FAIRWAY BOULEVARD TOWNHOUSES, dated the 21st day of February 1980; Book 688, Page 532, Records of Flathead County, Montana: c) By Public Authority. No owner shall protest annexation of the properties, or any position thereof, by any public body, including but not limited to municipalities and service district. WHEREAS, by the terms of a certain Agreement dated the day of , 1982, the North Village Sewer District, a Rural Improvement District, (Village County Sewer District) did: and, "waive the right to protest annexation to the City of Kalispell, on all or any part of the District, provided,however, that the City shall not initiate annexation procedures under Section 7-2-4312 until development with the portion to be annexed reaches 80% of the approved plan development of the area to be annexed." 4 E 178 WHEREAS, the portion of Fairway Boulevard Townhouses herein annexed has been developed in that Phases I, II, III, IV and V have received Final Plat approval and all improvements are in place, and WHEREAS, by the terms of the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, FAIRWAY BOULEVARD TOWNHOUSES and the Agreement all owners, purchasers under contract for deed, and resident freeholders have waived their right to protest annexation to the City i2Y4314, MCA Should not apply,rand e, the provisions of Section WHEREAS, said Fairway Boulevard Townhouses, Phases I, II, III, IV and V are included within and conform 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 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 a fthe Y il documentsile and with theFlathead CountyCle k f saidand said Recorder. From and after the date of filing said documents tas prehe pared by the City 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 spell reguations in force in the ntitled to the same privileges aof nd dshall benefitsas be e nare b other parts of the City. 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. 5 F7 179 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 15th DAY OF Julv. _, 1991. ATTE Amy Jr. Robertson Finance Director 11 6 r 1• •s D. Rauthe, Mayor 0 • EXHIBIT A FAIRWAY ADDITION NO. 242 FAIRWAY BOULEVARD TOWNHOUSES PHASES I, II, III, IV, V, PLATS ON FILE AND OF RECORD, CLERK AND RECORDER'S OFFICE, FLATHEAD COUNTY, MONTANA. 1 1 jP JLA A-t-- 18 1 r4 -T cli cvn) > U) < 0 X 0 LAJ z dn cr i � O _j � V) L" uffoGi o IP4 = � o Acc W ui uj olo: C4 Z Z po 7w Ar cn A 0 ol, 182 EXHIBIT "B" F.R.D.O. June 18, 1991 FAIRWAY ADDITION NO. 242 The area being considered for annexation involves the platted lots of Fairway Boulevard Townhouses. The general location of Fairway Boulevard Townhouses is on the west side of Whitefish Stage Road adjacent to the City of Kalispell golf course. The annexation also would include Fairway Boulevard, the private road serving the townhouses. A legal description of the territory to be annexed is set forth in Exhibit A. A municipal service review was performed in June 1991 by the Kalispell Fire, Police, Public Works, and Parks Departments. The results of this service review is that each department is able to provide municipal services to the Fairway Addition on the substantially same basis and in the same manner in which municipal services are currently provided to the rest of the municipality. The Fairway 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 Fairway Addition. EXISTING SERVICES: Water: The property is served by the water supply system of the Evergreen Water and Sewer District. The water mains were sized to accommodate the entire development. Sewer: Sewage collection to the property is from the North Village Sewer District. This district has a tie-in to the City of Kalispell system which eventually treats the sewage effluent from the property. Use of the city sewer facilities is guided by an agreement between the City and the sewer district. Again, the sewer mains were sized to accommodate the entire development. Storm Drainage: No developed storm drainage system appears to be associated with the subdivision. Streets: The property is accessed by a private road, Fairway Boulevard. This road is paved with rolled curbs to a width of 28 feet. 1 M Garbage Collection: 183 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 area is within the jurisdiction of the Evergreen Volunteer Fire Department. ANTICIPATED SERVICE NEEDS: Water: The water needs of the territory to be annexed are provided by the Evergreen Water and Sewer District. No additional infrastructure will be necessary. Upon annexation, the water mains will remain the responsibility of the Evergreen Water and Sewer District. Sewer: The sewer mains serving the property are adequately sized to serve the subdivision. Upon annexation, ownership and maintenance responsibilities of the sewer main will revert from the North Village Sewer District to the City of Kalispell. The sewer mains within the development are less than ten years old and are not expected to be a maintenance burden on the City. 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: A comprehensive storm drainage system is not necessary for this area. It appears that the present storm drainage is collected in the common area where it percolates into the ground. No future improvements relative to storm drainage are anticipated within the area to be annexed. Streets: Fairway Boulevard is a paved, private street. Upon annexation, the homeowners' association may wish to dedicate the private road to the City of Kalispell. A majority of the landowners must agree to that dedication. In this event, the City will assume ownership and maintenance responsibilities of the road. This will include snow plowing and general patching or improvements to the roadway. The road appears to be well built and at this time does not exhibit any particular maintenance problems. 2 M 184 Garbage Collection: The City of Kalispell will not provide solid waste disposal service to the annexed territory for a period of at least five (5) years, consistent with the provision 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. Fairway 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 4:40. Response time to FVCC under similar conditions, for example, was 5:37. Emergency response time would be less than the 4:40. 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 townhouses in this development are constructed in accordance to the Uniform Building Code which should minimize threats from fire. Fire Hydrants are located throughout the territory to be annexed. The City of Kalispell Fire Department has available a ladder truck which will facilitate the fire fighting capabilities in this area. Response time for fire emergencies is expected to be less than five (5) minutes, which is less than the six (6) to seven (7) minute response time to other parts of the city. EXTENSION AND FINANCE STRATEGIES: 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 budget adopted each fiscal year. No City of Kalispell bond issue is planned for the sole purpose of financing the provision of municipal services to the newly annexed territory. No additional police or fire personnel will to be needed with annexation of this territory into the. city limits of Kalispell. Road.maintenance will be accommodated via the routine maintenance responsibilities of the City of Kalispell. Most identifiable expenses for road maintenance will probably be associated with snow plowing.Any necessary drainage improvements will be financed in part by the residents of the entire municipality and in part by special assessments for that purpose. No additional improvements such as lighting, sidewalks, or drainage facilities, which would require special assessments, are anticipated for at least five years. There will be no City associated costs with the extension of water and sewer to the area. Book -up 3 M fees associated with the North Village Sewer District will remain in effect to help offset the indebtedness of the District. No added impacts to the City of Kalispell park facilities are expected with annexation since the residents utilize oa—site facilities and probably already utilize City recreation resources. 1 4 185 rI