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Resolution 4086 - Annexation & Zoning - Greenbrier Subdivision546 RESOLUTION NO. 4086 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 DESCRIBED AS TRACT 6G IN THE NE 1/4 OF THE SW 1/4 OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS GREENBRIAR ADDITION #250; 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 Greenbriar Enterprises, owner of the property described in Exhibit "B", attached hereto and for purposes of this Resolution made a part hereof, requesting that the City of Kalispell annex the territory into the City and zone said property Low Density Residential Apartment, RA-1, and WHEREAS, the Flathead Regional Development Office has made a report on the annexation/zoning of the territory dated December 1, 1992, 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 27.34.080, Kalispell Zoning Ordinance on December 9, 1992 and recommended that the territory be annexed into the City of Kalispell and be zoned R-2, Single Family Residential 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 27.34.080, Kalispell Zoning Ordinance on January 4, 1993 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, the City Council reviewed the R-2, Single Family Residential classification and determined that classification as recommended by the Kalispell City -County Planning Board and Zoning Commission would not be in conformance with the Comprehensive Plan, 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 requested 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: Does the reauested_zone comply with the Master Plan? The property is designated by the Kalispell City -County r7 547 Master Plan as "High Density Residential". The requested RA-1 zoning classification is in substantial conformance with that designation. Is the re uested zone designed to lessen congestion in the streets? A change from an R-1, single family zoning district in the county, to an RA-1 Low Density Residential Apartment classification in the city is likely to increase traffic congestion, rather than lessen congestion. Traffic typically generated by the types of uses permitted in the requested zone far exceeds that generated by large lot, single-family uses. Development of the subject property, with access to and from an inadequate minor arterial (Two Mile Drive) , will certainly have an adverse impact on the local street system. Will the -requested zone secure safety from fire anic and other dangers? Any 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 requested 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 with the adjoining properties. Other city codes that are intended to serve the "general welfare" would also be applicable to any development on the property. Will the requested zone provide for adequate light and air? The property development standards of the RA-1 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 requested zone prevent the overcrowding of land? The R-4 zone which is being proposed contains property development standards which dictate such things as minimum lot size, permitted lot coverage, and yard E r-_1 548 setbacks. Such standards ensure property density of development. Will the requested zone facilitate the adequate provision of transportation* water, sewerage, schools arks and other public requirements? The zone change will likely increase demands for all of these services. The addition of as many as 54 new single family dwellings will directly and substantially affect public transportation facilities due to the estimated 540 additional trips on Two Mile Drive which the subdivision will generate. Further, based on the County -wide average of 0.4 school -age children per household, it can be expected that the subdivision will generate an additional 22 students. The applicant is proposing a dedication of parkland to the city --a much needed commodity in this part of Kalispell. The attached extension of services plan further speaks to public requirements. Does the reguested zone give consideration to the articular suitability of the property for particular uses? The requested zone permits single family and duplex dwellings, churches, day care facilities and parks. The subject property is ideal for the type and scale of residential development which the applicant is proposing. The single family development, with average lot sizes in excess of 10,000 square feet, will be compatible with surrounding uses. Does the requested zone give reasonable consideration to the character of the district? The proposed zoning, as stated above, allows residential uses which will be compatible with existing development in the immediate vicinity. The master plan anticipates residential development of the property in a manner consistent with that which is proposed. The character of the district would not be adversely affected by the annexation and zoning assignment. Will the proposed zone conserve the value of buildings? The site is currently vacant; building values are not an issue. Adjoining properties should not be adversely affected by the development. Will the requested _zone encourage the most appropriate use of the land throughout the municipality? 3 M 549 The requested RA-1 zoning classification will promote land uses consistent with the anticipation of the Master Plan and with the surrounding uses. WHEREAS, on the 3rd day of April, 1989 the City Council of the City of Kalispell adopted, pursuant to Section 7-2-4506, 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 "A" 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 maintenance of existing services within the area of Greenbriar Addition, 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 annual City budget without incurring additional bonded indebtedness, and WHEREAS, Greenbriar Addition 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 described in Exhibit "B" shall be annexed to the City of Kalispell and the boundaries of the City are altered to so provide. SECTION 11. Upon the effective date of this Resolution, the City Clerk of Council'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 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 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. 4 550 SECTION III. The territory annexed by this Resolution shall be zoned as Two Family Residential, R-4, 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 AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 4TH DAY OF JANUARY, 1993. ATTEST: Amy H Robertson Finance Director 1 N. . - , Mayor 5 551 $IAM no appUcant Intends to provide amber to the silt In one of two ways. no first option is to extend an alsting wager Una located west of the site in Two Mile ihiva to the subject property. no second option would be to do into an existing maialocated soudmLst of the site; tbo properV owner would hava to obtain ammcate across adjacent pmperda to offset this aannwdow Itwill be dw r+esponsibillty of the developer to bear aft costa associdabd with connectives to the utft mprdk= of how tho oennedion is made 'lean is an existing manhole located east of the subjod pro"t -WMoXkU* 6W fad W atof the kursecdoo ofTwo wo Mile Drive and HawthomAvenue. IUappBeant intends to wctelld a sewer he from this manhole to servo the subject p:aperty. A swrer lift statlon is aL,4o pjLW°4 on -sib, ncarthonoethwcst comer of thoproperty. Mwdevelopor willMmwiso be s+csponaibio for mdansion costs the proposed lilt statics, and coaaxtion charges tot savor system. R4S& Tim subject property is onrrently ace =''bk from Two Mile Driv& No additional lmpravo nents to this County road are anicigatA The road widdn tba subdivision win be paved to a 32-foot width and indude pubs and gutter. A skkTa lit is plod for one sick of the street The sheet, locatod within a Woot right-of-way. will bo dedicated to the City of Kalispell. SgUMDMWW Terre is no publlc storm drainage improvement in the vx inity; once ntcation of storm water wMbe required. Upon rccelpt of a spcc&development planfar the property, storm dWmW rcquuaaxats wM be dotermâ–șined by the dty. Police and fire protection, as wo11 as refuse eoflaction services, will be avadablo to the area upon annexation to the city. Ile extension ofpubGc infrastructure such as water and sewer shall be dedgaed and constructed by the property owner. Access improvements are also, the repanswity ofthe owner. Construction sballbeIn sk rdwith all MyofKal'ispall standards, Spcaratio, and requirements. ON 552 EXHIBIT "B" A tract of land situate, lying and being in the Northeast Quarter of the Southwest Quarter (NE1/4SW1/4) of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Southeast corner of the Northeast Quarter of the Southwest Quarter (NEl/4SW1/4) of said Section 12; thence South 89°54'39" West and along the South boundary of said NE1/4SW1/4, a distance of 660.02 feet to a point; thence North 00`42'42" East and parallel with the East boundary of said NE1/4SW1/4 a distance of 1321.83 feet to a point on the South R/W of Two Mile Drive, which point is on the North boundary of said NE1/4SW1/4 and 660.00 feet distant from the Northeast corner thereof; thence South 89'58'30" East and along said South R/W, and along said North boundary a distance of 287.47 feet, more or less to a point on the Northeasterly bank of Spring Creek; thence along said Northeasterly bank the following thirteen courses: South 14010'29" West a distance of 111.64 feet to a point; thence South 29°36'32" East a distance of 59.01 feet to a point; thence North 73°41'26" East a distance of 23.37 feet to a point; thence South 28'52'08" East a distance of 53.94 feet to a point; thence South 81'11'24" East a distance of 31.25 feet to a point; thence North 89°41'27" East a distance of 21.25 feet to a point; thence North 64'16'32" East a distance of 42.64 feet to a point; thence South 64°02'56" East a distance of 18.41 feet to a point; thence North 84°31'01" East a distance of 47.43 feet to a point; thence South 58°18'17" East a distance of 14.11 feet to a point; thence South 85025136" East a distance of 58.67 feet to a point; thence South 55'45'38" East a distance of 24.23 feet to a point; thence South 82`22'17" East a distance of 75.27 feet to a point on the East boundary of said NE1/4SW1/4; thence South 00°42'42" West and along said East boundary a distance of 1095.03 feet to the point of beginning. r