Resolution 4160 - Annexation - Ashley Park•
RESOLUTION NO. 4160
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 IN EXHIBIT "A", TO BE KNOWN AS ASHLEY PARK
ADDITION NO. 258; 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
Dennis Carver and Gaylon Owens, the owners of the property
described in Exhibit "A", 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 Ashley Park Addition No. 258, City Zone Request, KA-94-5,
dated June 27, 1994, 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 requested zone comply with the Master Plan?
The subject property is within the jurisdiction of the
Kalispell City -County Master Plan. According to the map
of the master plan, the property is currently designated
"Urban Residential", with a maximum density of 8 dwelling
units per acre. R-4 is considered in compliance with the
Master Plan.
Does the re uested zone lessen congestion in the streets?
Congestion in the street is caused by an overburden on
the street traffic. The zone in this case would not
cause undue congestion because traffic generation is a
function of the number of dwelling units that are allowed
within a given area. The property is currently
subdivided in a manner which precludes any further
subdivisions. No additional traffic would be generated
by this zoning designation.
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Will the reguested zone secure safety from firepanic,
and other dangers?
Development within this zone is subject to development
standards including: lot coverage, maximum building
height; and the provision of off-street parking.
Further, any development of the property is subject to
review by the City's Site Review Committee, and requires
the issuance of building, plumbing, mechanical and
electrical permits. These requirements and review
processes help ensure that development of the property
subsequent to the zone change is done in a safe manner.
No significant negative impact is expected.
Will the requested zone Promote the health and general
welfare?
The general purpose of the City's zoning ordinance is to
promote the general health and welfare and does so by
implementing the City Master Plan. The City's Master
Plan would support the requested zone change.
Designation of this area as R-4 would serve the Flathead
region with additional residential development. Any
traffic generation that the proposed change allows would
be mitigated at the time of development. In addition,
this area has direct access to an existing major arterial
which would have access to the Alternate Highway 93
route. Any impact to stormwater runoff, sewers, and
water would be addressed at the time of development
proposals.
The zoning ordinance provides a mechanism for public
input and review for all zone change requests. This
process offers an opportunity to ensure that any changes
to the official Zoning Map are done in the general public
interest. Additionally, other review mechanisms are in
place to ensure that development is in compliance with
all applicable safety codes. No significant negative
impact is expected.
Will the requested zone provide for adequate light and
air?
The development standards of the zoning ordinance and
subdivision regulations (i.e.: parking, landscaping,
clear vision setback, roadway improvements) would ensure
that light and air are adequately provided.
■ Will the requested zone prevent the overcrowding of land?
property. The Subdivision and Zoning Regulations
controls the intensity requirements that a property can
be developed with. Adequate infrastructure is in place
or can be provided at the time of development to
accommodate the land uses allowed in the requested zone.
No significant impact is expected.
Will the re uested zone avoid undue concentration of
people
concentration of people relates to the land use permitted
by a particular zone. The proposed zone change would
increase residential density in the area. Infrastructure
exists or can be provided which supports the proposed
change. The zoning ordinance covers the intensity of use
that would be permitted in this zone. An undue
concentration of people would result if the property is
developed at a level which exceeds the environmental or
service carrying capacity of the land which would not
happen. The proposed zoning will insure that the site is
properly developed. No significant negative impact is
expected.
Will the requested zone facilitate the adequate rovision
of transportation, water, sewer, schools arks and other
public re uirements?
The additional demands for transportation, water and
sewer will be evaluated pursuant to individual
development proposals. - Because of the types of uses
permitted in the zone schools and parks should not be
significantly impacted. No significant negative impact
is expected.
Does the requested zone give consideration to the
articular suitability of the property for particular
uses?
The subject property is well suited for uses permitted
within the R-4 zone. The property is of adequate size
and has adequate access to facilities for the type of
uses permitted in the proposed zone. No significant
negative impact is expected.
Does the re uested zone give reasonable consideration to
the character of this district?
The properties in question are well suited for the type
of development anticipated under the requested zone
hecause of the topography, access, regional location, and
Will the proposed zone conserve the. value of the
buildings?
The subject request would not significantly impact
buildings. If legally constructed buildings exist that
don't meet the requirements of the new zone those
buildings would be considered non -conforming. This non-
conforming status would permit those buildings to
continue as before. There are no known uses that would
be affected by this zone. A change to the R-4 zone will
not significantly impact, erode or devalue the
neighborhood beyond the type of uses that are currently
allowed. No significant negative impact is expected.
Will the requested zone encourage the most appropriate
use of the land throughout the jurisdiction?
The requested zoning classification would be consistent
with the Kalispell City -County Master Plan. The Plan and
the existing permitted uses under the zoning ordinance
generally identifies this area for residential. The
change would encourage the most appropriate use of the
land. No significant negative impact is expected.
WHEREAS, on the 3rd day of April, 1989 the City Council of the
City of Kalispell adopted, pursuant to Section 7-2-4610, 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 "B" 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 Ashley Park Addition No. 258, 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, Ashley Park Addition No. 258 is included within and
conforms to the Kalispell City -County Master Plan, and
4
WHEREAS, the City of Kalispell desires to annex said property
in accordance with Title 7, Chapter 2, Part 46, Montana Code
Annotated.
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 in Exhibit "A", attached hereto
and thereby made a part hereof, shall be annexed to the
City of Kalispell and the boundary of the City is altered
to so provide.
SECTION II. Upon the effective date of this Resolution,
the City Clerk of Council 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 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 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 AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS 1st DAY OF August , 1994.
"'111 RxAt
Dougl s D. Rauthe, Mayor
ATTEST:
Zzl�
y H. Robertson
Finance Director
331
EXHIBIT "A"
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northwest corner of the Northeast Quarter of the
Southeast Quarter of Section 19, Township 28 North, Range 21 West,
P.M.,X., Flathead County, Montana; Thence N88*38131"E and along
the north boundary of said NE1/4SE1/4 a distance of 472.00 feet to
a set iron pin and TEE TRITE POINT OF BEING OF TE8 TRACT OF LAND
DESCRIBED: Thence continuing N88'38131"E 221.01 feet to a
found iorn pin; Thence N23'40107"E 76.23 feet to the approximate
thread of Ashley Creek; Thence S66`19'530E along said thread
163.27 feet to a point on said north boundary of the SE1/4; Thence
leaving said thread N88 38' 31"E and along said boundary 217.53 feet
to a found iron pin; Thence S00`02109"E 232.18 feet to a found
iorn pin; Thence 588051'29"E 216.99 feet to a found iron pin on
the westerly R/W of a 60 foot county road known as Airport Road;
Thence $00'02109"E and along said R/W 111.05 feet to a set iron pin
on the southerly R/W of a 66.00 foot road known as Teal Drive;
Thence S88 0 38' 31 "W and along said southerly R/W 89.60 feet to a set
iron pin and the P.C. of a 294.00 foot radius curve, concave
northeasterly, having a central angle of 26002119"; Thence along
an arc length of 133.61 feet to a set iron pin; Thence N65*19110"W
112.33 feet to a set iron pin; Thence leaving said R/W S01 0 21' 29"E
386.58 feet to a set iron pin; Thence S88f38131"W 560.00 feet to
a set iron pin; Thence N01021129"W 553.00 feet to a set iron pin
on the northerly R/W of said Teal Drive; Thence N88'38131"E and
alonq said northerly R/W 52.00 feet to a set iorn pin; Thence
leaving said R/W N01 21129"W 107.03 feet to the point of beginning
and containing 9.785 ACRES; Subject to and together with all
appurtenant easements of record.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS:
ASK= PARK - P HAS E 1
832
EXHIBIT r'.$n
ASHLEY PARK ADDITION ANNEXATION
EXTENSION Of SERVICES PLAN
ADDENDUM TO CITY RESOLUTION 13838
PREPARED BY THE FRDO
JUNE 27, 1994
The subject property Is within the Service Area Boundary of the City of Kalispell as
described by the Extension of Sebroad bes Plan
ased extension the
of sere ceof sapla Kalispell
gather
ril
3, 1989 (Resolution #3838). This
With this "mini -plan" comprise the Extension of Services Plan for the Carver, Ashley
Park Subdivision - Phase 1, annexation.
XIS ING SERVICES:
Vitae : A municipal water line wiinneed is sito te when the extensioed to serve n Is is made. The
City has sufficient capacity to se
5ewe : Sanitary sewer will need to be extended to service exte this proare m de he City
has sufficient capacity to service this property
Mrm Dralnaae, Storm drainage will outlet into Ashley Creek north of the
property.
Str e : Airport road Is a two lane paved collector with sufficient capacity to serve
this site.
Garbage Collect o : Available by contract from private companies.
Police Protection: Currently the Flathead County Sheriffs Department
Fire Protection: West Valley Volunteer Fire Department.
ANTICIPATED SERVICE NEED:
from the
Water: Water supply would be able to be a water d totheprobe extended dad to
water line north In Airport Road. If not,
connect with a main of sufficient capacity to serve this property. Capacity and any
extensions would be evaluated at the review stage of any development permit.
.. _ ._ _■ _,,..C4.. If$ a . 11a1h1fh ■
333
Storm Drainage: On -site retention and/or disposal of storm water will be evaluated
during the review phase of any proposed development.
Stregts: Airport road Isa two lane paved collector with sufficient capacity to serve
this site. In addition, street tree planting would be necessary.
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.
Tice 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.
EXTENSION AND FINANCE STRATEGIE :
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 paving of streets, the
extension of the water line, sewer line, and stormwater 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.
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