Resolution 4096 - Annexation - Liberty Street-Collins Addition610
RESOLUTION NO. 4096
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 5AN IN THE NW 1/4 OF THE NE 1/4 OF
SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS COLLINS ADDITION #251, TO ZONE SAID
PROPERTY LOW DENSITY RESIDENTIAL APARTMENT, RA-1, TO AMEND THE CITY
ZONING MAP ACCORDINGLY AND DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Dale Collins on behalf of the Dale Collins Trust, owner 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 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 March 27,
1993, 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 April 13, 1993 and recommended that the territory be
annexed into the City of Kalispell and be zoned RA-1, Low Density
Residential Apartment in accordance with the Kalispell Zoning
Ordinance and the Kalispell City -County Master 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 requested zone comply with the Master_._Plan?
The property is designated by the Kalispell City -County
Master Plan as "High Density Residential". The requested
RA-1 zoning classification is in conformance with that
designation.
is the requested zone designed to lessen congestion in
the streets and facilitate the adequate Provision of
transportation, water, sewerage, schools, parks, and
other public requirements?
A change from County rural zoning to a City higher
density residential zoning will allow a greater density
of development to occur. However, the area now would be
1
1
1
M
1
served by urban infrastructure including a municipal
street department, fire and police departments and sewer
and water utilities. Any development of this site will
require further City review, whether in the form of a
conditional use permit, subdivision review, or building
permit and Site Plan Committee review. Impacts from any
specific development will be appropriately weighed and
addressed. A growing need in this area is a second
access out preferable to Two Mile or Three Mile.
Will the requested zone secure safety from fire,, panic,
and other dangers?
The property does not appear to be subject to any
particular natural hazards. Any additional 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 to the adjoining
properties. Other City codes that are intended to serve
the "general welfare" would also be applicable to any
additional development on the property.
Will, the requested zone, provide_ for adequate light and
air?
The property development standards of an 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
and the undue concentration of people?
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.
E
2
612
uses?
Adequate infrastructure is available or can be extended/
developed to accommodate future development. The
property is generally level and extend in a linear
fashion along Liberty Street. It appears to be a logical
extension of the City.
Does the requested zone give reasonable consideration to
the character of the district?
The adjacent development patterns are multi -family in
nature. To the immediate south lie three apartment
complexes. To the immediate east lies a large church
facility. The site is level and poses no unusual
development limitations. The proposed zoning is a
"multi -family" 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 already reflect this urban scale of zoning.
The property is one-half mile from a major retail center
for convenient shopping.
Will the proposed -zone conserve the value of buildin s?
The property is now vacant. The proposed zoning
classification will allow development densities similar
to development of adjacent lots. This predictableness
and compatibility encourages neighborhood stability.
Will the requested zone encourage the most appropriate
use of the land throughout the municipality?
The requested RA-1 zoning classification will promote
land uses consistent with 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 serves 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 "A1l and thereby made
a part hereof, for the territory by this Resolution annexed to the
City of Kalispell, and
3
E
613
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Collins 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, Collins 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 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
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 RA-1, Low Density Residential
Apartment, 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.
i 4
614
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 17th DAY OF . 1993.
ATTEST:
Amy H. Robertson
Finance Director
A4�9-? rr��1
1
DouglA D. Rauthe, Mayor
7-1
C; m
515
1
EXHIBIT "A"
COLLINS - LIBERTY STREET ANNEXATION
RXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION #3838
PREPARED BY THE FRDO
25 !MARCH, 1993
The subject property 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 this "mini -plan" comprise the
Extension of Services Plan for the Collins - Liberty Street Annexation.
Water: An 8-inch municipal water line lies in Liberty Street.
Sewer: Lift station #4 lies southeasterly of the proposed annexation.
An easement does exist to this lift station.
Storm Drainage: No public drainage facilities are in the area.
Streets: Liberty Street, a developed 60-foot R/K with a 40-foot travel
surface serves the area. Note, the developed portion of
Liberty Street ends approximately 150 feet short of the west
end of the property. In addition, Justice Street, a 30-foot
wide undeveloped R/W extends alone the western boundary of the
property.
Garbage Collection: Available by contract from private companies.
Police Protection: The Flathead County Sheriff's Department.
Fire Protection: West Valley Volunteer Fire Department.
616
water: water supply can be extended to the property from the 8-inch
water line in Liberty Street. The water main must be extended
to the west end of Liberty Street and end with a fire
hydrant/clean out valve.
Sewer: Sewer would be collected in a conventional gravity flow system
which feeds into the Lift Station #4 located immediately
southeast of the proposed annexation behind the Treasure State
Plaza project.
Storm Drainage: No "public" storm drainage system is proposed for this
area. on -site retention and disposal of storm crater will be evaluated
during the review phase of .any proposed development.
Streets: Access to the area now is only possible via Liberty Street.
It will be necessary to extend Liberty westward to its
intersection with Justice utilizing similar travel surface,
width and design as well as five (5) foot wide sidewalks and
street tree planting on both sides of Liberty. At the western
end of Liberty a temporary cul-de-sac is required. The
existing developed portion of Liberty Street is 900 feet long
measured from the last access point. The new addition will
make it a 1050 foot long dead end street. This is in excess
of the City standard of 600 feet. To alleviate this
situation, the applicant shall provide a minimum 60-foot wide
R/W where Justice abuts the western boundary of the property
extending both north and south. The additional R/M can be
dedicated from the adjoining property owner (i€ agreeable) to
the west or from the applicant's property. Provision should
be made at this time to extend a 60-foot R/N all the way to
Three Mile and to Two Mile. Liberty Street should not be
extended any further westerly without a second access
developed. Any development that utilizes Justice Street will
trigger the development of Justice Street and the requirement
to extend a second developed access out of this neighborhood.
■
617
Garbage Collection: The City of Kalispell will not provide solid
waste disposal service to the annexed territory for a period
of at least 5 years, consistent with the provision of 7-2-
4736, M.C.A. The City does have the capacity and equipment to
handle the needs of this site at the time it becomes eligible
for municipal service.
Police/Fire: City of Kalispell Police Department and Fire
Department will be available to serve the tract upon
annexation. They will be able to provide "service" to this
property on the substantially same basis and in the same
manner in which this service is currently provided to the rest
of the municipality.
RX RNATAN AND FIHAMCS �82RATEGIgS:
The cost of extending such public services as police and fire protection
are expected to be negligible until such time as the property is
developed. The general source of money to extend these type of services
is from the general tax revenues received from this property and other
properties inside the City limits. Individual improvements to the
property, including the extension of Liberty Street to Justice, and
possibly the development of Justice Street, extension of the 8-inch crater
line, the sewer line and installation of hydrants, and atormwater
management improvements will be the responsibility of the landowner. Any
area wide improvements relative to a comprehensive storm drainage system
will be financed in part by the residents of the entire municipality and
In part by special assessments for that purpose.
1._ The undeveloped portion of Liberty Street R/W extending to the
Intersection of Justice Street shall be developed to city of
Kalispell standards. Liberty Street shall terminate in a 45 foot
radius temporary cvl-d-sac.
2. Liberty Street shall have 5-foot wide sidewalks on both sides. A
boulevard shall be provided for street tree planting.
3. The existing 8-inch water main in Liberty shall be extended to the
western end of Liberty Street and shall terminate in a fire hydrant.
4. Adequate R/W shall be added to Justice street to create a 50-foot
wide R/w. The additional dedication can be dedicated by the
applicant or from the adjacent property to the west if the applicant
can negotiate it.
5, If any development of this site frgnts Justice Street or is intended
to utilize Justice Street, then Justice Street must be developed as
a City street at the expense of the developer.
PmPoRTS\KA93-1RS.RPT
1
r
619
COLLINS ANNEXATION AND BONING
WEST E1�1D OF LIBERTY ST.'
0 R+ ,r E _ KA 93-1 I -
APRIL 6, 1993 s 23 ' 2 n 1• 17
s Q
r w o LA ! ar aEp T I A/•-
, _ rasE■oDD
d SG 3 'i ID KB
4 s
u i 14
0AM' - N d 2 13 2
3 �
rLFll■O D ��� + ' 3
sar CITY LIMITS d , d — r
S,I s a< ,1
A
J Ir SAL � i - Oi 10 10 i
A i 8 11 11 'D
r
t � r
IST. AOQ r :° r r s s I Ia 1}
1 RTY r R L r Y !T S 7
eEA3vR[ EL DORITA ADD. NO. IB
STATE VILLA49
PL AZA F
ADD. ifs A00. , VALLEY VIEW Y �, � 10 t 1 t la
(�� APARTMENTS i _T� _ 3 r +1
SI l A— 1 F1N EGL
�1 r +s i3 Sam
! a 14
.� AMC
■Esr 1 r
NAYfTNOt1N
V' T 1 I NANiNOR ' J , MpNTARa r0■E11 ADD. CIS!
LU WEST
I+
R"1 PALK
IrLAgIE 2 sea
PORT A rtEA
V I LLA NQ i
2Y 2MA f Y 0 3 ul
r 1 t E rno.
+ s 0— e
I 2 3 4 04 2
z SCI 0
1 ; t
YElL9■rrpr/ !T. A �
c IND D A 3 = B� I S 9 t ►f -
PORTA V! LL T , •�
r
2Mt GLACIER T. 2 ADO. sr
• m 1
T K O MILS D R I V E 3N 66 Sf SEi S c D
LF _
I
GATEWAY
!..ad. Plat Awn amr I0E +'
9AA xtA .��ta�l o 1y EST ADD. i(AL.
6As
ofIYr1�A — 34 ADD.32 laa
we3Y AD0
34 of
i I
I
the Any
SU' URBAN -RESIDENTIAL � _�
620
EXHIBIT "B"
That portion of the Northeast 1/4, Section 12, Township 28 North,
Range 22 West, Flathead County, Montana described as follows:
Beginning at the intersection of the East line of Justice
Street with the North line of Liberty Street;
Thence along the East line of Justice Street,
North 00055'45" East 165.17 feet; thence
North 89°35'18" East 640.10 feet; thence
South 00'15100" East 167.04 feet to the North line of Liberty
Street; thence along the North line of Liberty Street
South 89°45'00" West 643.50 feet to the point of beginning,
also beginning at the intersection of the East line of Justice
Street with the South line of Liberty Street; thence along the
South line of Liberty Street,
North 89045'00" East 180.59 feet; thence
South 00025'05" West 253.80 feet; thence
North 89044144" East 274.98 feet; thence
South 00035'21" East 123.93 feet; thence
South 89056148" West 461.09 feet to the East line of Justice
Street; thence along the East line of Justice Street,
North 00°55'49" East 376.19 feet to the point of beginning.
Parcel A Certificate of Survey No. 11087.
1