Resolution 4135 - Annexation - Kelly (Western Pines)754
RESOLUTION NO. 4135
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 LOT 5, WESTERN ACRES, FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS WESTERN PINES ADDITION NO. 254; 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
Ron Kelley, the owner of the property described as Lot 5, Western
Acres, Flathead County, Montana, 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 September
22, 1993, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell and be zoned Two Family Residential, R-4, 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 appropriate based upon the
following criterion:
Does the re nested zone comply with the Master Plan?
The property is designated by the Kalispell City -County
Master Plan as "Urban Residential" (2-8 dwelling units
per acre). The requested R-4 zoning classification could
allow up to a maximum of 11 dwelling units per gross
acre. Generally this would not be considered in
conformance with the Master Plan map. However, the text
of the Plan, in particular Policy 4F, speaks to the need
to coordinate development of multi -family housing. In
addition to this Policy, the R--4 designation would only
permit a single duplex be developed per lot. The
applicant has indicated that he intends to eventually
develop the property into four (4) duplex lots.
Is the reguested zone designed to lessen congestion in
the streets and facilitate the adequate provision of
transportation, water sewerage, schools arks and
other public re uirements?
A change from County Two Family residential zoning to a
City Two Family residential zoning is essentially the
same. The area is being served or can be served by urban
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infrastructure including: 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
subdivision, or building permit and Site Plan Committee
review. Impacts from specific development will be
addressed at the time of the request.
Will the reguested zone secure safety from firepanic,
and other. dangers?
The property does not appear to be subject to any
particular natural hazards. 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 municipal services including police and fire
protection. Water and sewer service is available in 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 the requested
zoning classification establish setback, height, and
coverage standards for new development. In addition, no
development more intense than a duplex will be permitted.
These standards are sufficient to ensure adequate light
and air consistent with the character o= the surrounding
area.
Will the requested zone prevent the overcrowding of land
and the undueconcentration of people?
Zoning (bulk and dimensional standards), subdivision and
site plan review will ensure that new development is
adequately served with utilities and other public demand
services.
Does the _requested zone give consideration to the
Particular suitability of the property for particular
uses?
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Adequate infrastructure is available or can be
extended/developed to accommodate future development.
The property is generally level and appears to be a
logical extension of the City and the uses permitted in
the area.
Does the requested zone give reasonable consideration to
the character of the district?
The adjacent zoning patterns north, south, and east are
duplex/single family in nature. To the north, south,
east and west are single family homes and mobile homes.
The site is generally level and poses no unusual
development limitations. The proposed zoning is a "Two
Family Residential" classification that anticipates the
adequacy and availability of a full range of urban
services. The zoning and land sue characteristics of the
neighborhood already reflect this urban scale of
planning. The property is approximately one mile from a
major retail center for convenient shopping.
Will the proposed zone conserve the value of buildings?
The proposed zoning classification will allow development
densities similar to development densities permitted on
adjacent lots. This compatibility encourages neighborhood
stability.
Will the requested zone encourage the most appropriate
use of the land throughout the municipality?
The requested R-4 zoning classification would provide
additional affordable housing opportunities consistent
with the policies of the Master Plan, zoning and
permitted uses in the area.
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 Western Pines Addition, subject to
annexation, including water, sewer, storm drainage, streets,
garbage collection, police protection and fire protection, and
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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, Western Pines 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 the real property as is more
particularly described as Lot 5, Western Acres, Flathead
County, Montana, shall be annexed to the City of
Kalispell and the boundary of the City is altered to so
provide, subject to the following conditions:
1. At the time any future development proposes to
use Western Drive, the undeveloped portion of
Western Drive shall be developed to City of
Kalispell standards out to existing
improvements.
2. Western Drive and Seventh Avenue West abutting
this development will be
constructed with
curb, gutter, and sidewalks
and a boulevard
shall be provided for street
tree planting per
City policy.
3. If the existing 8-inch water main in Seventh
Avenue West does not have
the capacity to
service the project a new main shall be
constructed.
4. A sanitary sewer main will be connected to the
City's mains.
SECTION II. Upon the effective date of this Resolution,
the City Clerk -Treasurer 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 -Treasurer, or on the 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 regulations in
force in the City of Kalispell and shall be entitled to
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the same privileges and benefits as are other parts of
the City.
SECTION III. The territory annexed by this Resolution
shall be zoned Two Family Residential, R-4.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
1 st DAY OF NOVEMBER , 1993.
Douglas . Rauthe, Mayor
ATTEST:
Z�Z�. ZeZ --
Amy H. Robertson
Finance Director
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EXHIBIT "A"
KELLY ADDITION NO.
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION #3838
PREPARED BY THE FRDO
SBPTHMBER 28,1993
The subject property is widiin the Service Area Boundary of the City of Kalispell asdsscxibed
by theExt ension ofServicesPlan adoptcdby the C3tyof Kahl onApril 3.1989, (Resolution
#3MO). This broad -based extension of services plan, togethr with dais "mini -plan" comprise
the Extension of Services Plan for the Kelly - Seventh Avenue West, annotation.
An 8-inch municipal water line lies in Seventh Avenue West. It should have the
capacity to service a project on this property.
A Forced Mam sanitary sewer exists m Scvonth Avenue West. This Forced Main is a
pr�suriacd sewer lino that would not bo able to be tapped into by a gravity food system. Any
sewage would needto be piped to themain orlift station in Sunnydde Drive approximatdy 300
feet south of this properly.
Storm DnduW No stormwatcr drainage facilities exist in this aria.
Seventh Avenue West a a dedicated and improved road. Western Drive is an
unimproved private road. Paving of Western Drive would be required ifused for amass by any
future development. Pavement would be necessary to comply with the City's clean air
Available by contract firom private companies.
Ed=• Tho Flathead County 5hcrifi'`s Depart.
Fire Pmtection: Nest Valley Volunteer Fire Department.
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W Dcpcmding on the type of development, water supply may beable to be extended to the
property from the 8-inch water line in Seventh Avenue West If not, a water main
ust be
extended to connect with amain ofsuiiicaentcapadtytosernthisproperty Capacityand an y
extensions would be evaluated at the review stage of any development permit
Sewer would be collected in aconventionsl gravity now system which would flow into
the lift station located on Sunnyside Drive. This lift station is connected with the City's sewer
mom. 'This disposal system would be evaluated during the review phase of any development
adma No stormm drain exists fleet the site. On -site retention and disposal of storm
water will be evaluated during the reviow phase of any Proposed development
SDVOS Ae ms to the site, isfrom the north via Scvcnth Avcnuc Weal. If Western Drivoisused
for aomss by futur+c development it will be necessary to extend paving on this street to existing
impmvernents. In addition, street tree planting will be necessary.
• T'hc City of Kalispell wdl not provide solid waste disposal service to the
umexed territory for a period of at least 5 years, conantent with the provoon 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.
per: City of Kalispell Police Dgwtmcntand Fur- Dgxwtmentwillbcavadable to scree
the tract upon annexation. They will be able to provide wwrv=m to this property on the
substantially same basis and in the same manner in which this service is currently provided to
the rest of rho municipality.
The cost of extending such public services as police and fire PrOledlon are expected to be
negligible until such time as the property isdevdoped. The general source of money to extend
these type of semc m is from the gcncral tax revenues reccivcd from this property and other
properties inside the City limits. Individual improVemOts to the prapcaty, Including the paving
of Western Drive, the improvement to the streets abutting the site, the extension of the water
and sewer line; and stormwater management improvcnments will be the scsponss`bdity of the
landowner. Any area -wide improvements relative to acomprehensivo stormdryainage system
will be financed in part by the residents of the entire municipality and in part by sp x ial
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1. At the time any future development proposes to use Wesbarn Drive, the undeveloped
portion of Western Drive shall be developed to (2ty of Kalispell standards out to
existing impmva ncntL
2. Woste mDriveand ScventhAvenuo Weat abutting this development will beoonstmetod
with curb, gutter, and sidawatits and a boulevard shall be pmvided for street tree
planting per City pow'
3. If the eustiing 9-inch water main in Seventh Avenue West does not have the capacity to
serving the project a new main shall be consbucted.
4. A sanitary sewer main will be connected to the C ity's mains.
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