Resolution 4088 - Annexation & Zoning - Juniper Bend559
RESOLUTION NO. 4088
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 5CA, SECTION 6, T28N, R21W, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS JUNIPER BEND ADDITION NO.
248; TO ZONE SAID PROPERTY R-3, URBAN SINGLE FAMILY RESIDENTIAL, TO
AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from
Mitchell/Swoish Partnership, owners of the property described in
Exhibit "B", attached hereto and thereby made a part hereof,
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 October 13,
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 October 20, 1992 and recommended that the territory be
annexed into the City of Kalispell and be zoned R-3, Urban 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-3, Urban Single
Family Residential classification and determined that
classification would be compatible for the intended use upon the
property, 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:
Does the requested zone comply with the Master Plan?
The property is designated by the Kalispell City -County
Master Plan as "Urban Residential". The requested R-3
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zoning classification is in conformance with that
designation.
Is the re nested zone designed to lessen congestion in
the streets?
A change from county zoning to city zoning is not likely
to affect vehicular traffic. Furthermore, the subject
property is just 30 feet in width; the intended use of
the property is to provide a buffer area associated with
development of adjacent land. Therefore, the zoning of
the property will not affect congestion in the streets.
Will the requested zone secure safety from fire, panic,
and other dangers?
Again, the zoning of this particular piece of property
will not affect safety issues such as fire, panic or
other dangers. Although the property is not slated for
development, the proposed zoning designation allows
basically the same uses as the current county zoning
(residential). 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 an R-3 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. As a stand-
alone parcel, the property is not developable due to
setback restrictions. When consolidated with the
adjoining parcel as proposed, the land will be used as a
buffer area. between the proposed townhouses and the
property to the north.
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Will the requested zone prevent the overcrowding of land?
Zoning (bulk and dimensional standards) and site plan
review authority will ensure that new development is
adequately served with utilities and other public demand
services, and that overcrowding of the land does not
occur.
Will the requested zone avoid undue concentration of
people?
The R--3 zone which is being proposed contains property
development standards which dictate such things as
minimum lot size, permitted lot coverage, and yard
setbacks. Such standards ensure property density of
development.
Will the requested zone facilitate the adecruate provision
of transportation, watero sewerage, schools arks and
other Public re uirements?
The zone change is not likely. to increase demands for
these services because of the size and intended use of
the lot. The attached extension of services plan further
speaks to this criteria.
Does the requested zone give consideration to the
particular suitability of the property for particular
uses?
The intended use of the property - a buffer area for a
townhouse development - is appropriate in the requested
R-3 zone.
Does the requested zone give reasonable consideration to
the character of the district?
The proposed zoning is an "urban" residential
classification that anticipates moderate to high
residential densities due to the adequacy and
availability of a full range of urban services. The land
use characteristics of the neighborhood reflect this
urban scale of development.
Will the proposed zone conserve the value of buildings?
The site is currently vacant;
issue. Adjoining properties
proposed zoning will allow the
is common to the surrounding
building values are not an
should benefit since the
same uses and density that
area.
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Will the requested zone encourage „the most appropriate
use of the land throughout the municipality?
The requested R-3 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 Juniper Bend 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, Juniper Bend 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 as is more
particularly described in Exhibit "B" 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 of Councils 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
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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 as R--3, Urban Single Family Residential,
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:
\// elazz,=- --- -
Amy . Robertson
Finance Director
949 &
DougladjD. Rauthe,
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EXHIBIT "A"
der= t1 6' rater main is in place in the right -of -,ray of Grandview Drive
immediately west of the subject property. This main can be extended to the
property to provide the required water service. It will be the responsibility
of the developer to bear all costa associated with the main extension. Further,
each dwelling unit within the proposed townhouse development shall be served
by a main.
SeXZr.L There is also an 8" sanitary sewer line in the Grandview Drive right-
of-way. The developer will likewise be responsible for the extension of this
main to serve the subject property. Due to the location of the sewer main and
the topography of the site, a lift station will be required on site. The city
will require the lift station to be equipped with a back-up generator and alarm
system.
gas:. The subject property is currently accessible from two county roads,
Grandview Drive and Grandview Lane. Grandview Drive is a collector street that
is in both City of Kalispell and Flathead County jurisdiction. Adjacent to the
subject property it is within Flathead County. Grandview Lane dead ends at the
southerly property line of the subject property. The developer will be required
to improve Grandview Lane to City of Kalispell local street StOrM There are no public atone drainage improvements in the
vicinity. on -site provisions for atom rater collection and dispersal are the
responsibility of the developer. The preliminary site plan and plat indicate
such: provisions. City of Kalispell approval of final stone drainage plans will
be required.
Other city • Police and fire protection, as well as refuse collection
services, gill be available to the area upon annexation to the city.
(�p nat,31rtion Standards: The extension of public infrastructure such as water
and sewer shall be designed and constructed by the property owner. Access
improvements are also the responsibility of the owner. Construction shall be
in accord with all City of Kalispell standards, specifications, and
requirements.
F:`FRDO\pjMRTS\KA-92-3.RPT
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EXHIBIT "B"
A tract of land in Government Lot Twelve (12) of Section Six (6),
T28N, R21W, P.M.M., Flathead County, Montana and described as
follows:
A strip of land being thirty (30.0) feet in width and
bordering the northerly boundary line of Government Lot
Twelve (12) and commencing at the easterly boundary line
of Grandview Drive. and extending easterly to the
centerline of the Stillwater River.
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EXHIBIT "A"
wa-tis: A 5" rater main is in place in the right -of -Kay of
tely rest of the subject property. This main can be
propert to provide the required rater service. It will be
of the de loper to bear all costs associated with the main t
each dwelli unit within the proposed townhouse devel t
by a main.
G dndview Drive
Mended to the
responsibility
asion. Further,
shall be served
Saint There is a an 6" sanitary sewer line in Grandview Drive right-
of-way. The devel ,rill likewise be responeibl for the extension of this
main to serge the subj t property. Due to the cation of the sewer main and
the topography of the si , a lift station wil be required on site. The city
will require the lift stat n to be equipped th a back-up generator and alarm
system.
Roams;. The subject property is Curren
Grandview Drive and Grandview Lan G
is in both City of Kalispell and Fla ea
subject property it is within Flath t
southerly property line of the sub' ect p
to improve Grandview Lane to C' y of K
y accessible from two county roads,
view Drive is a collector street that
County jurisdiction. Adjacent to the
Linty. Grandview Lane dead ends at the
perty. The developer will be required
-spell local street standards.
atnrm Drat nage There are no public sto drainage improvements in the
vicinity. On -site provisio for storm water c lection and dispersal are the
responsibility of the de loper. The prelimina site plan and plat indicate
such provisions. City of lispell approval of fina storm drainage plans will
be required. /
other City • Police and fire protection, as well s refuse collection
services, will be vailable to the area upon annexation the city.
Cgnatruc• The extension of public infrastructur such as water
and sewer a 1 be designed and constructed by the property o er. Access
improvements are also the responsibility of the owner. Constructi shall be
in accord with all City of Kalispell standards, specificati , and
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requ 1reme)&rz .