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Resolution 4174 - Annexation - Grandview1 • M RESOLUTION NO. 4174 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN WHOLLY SURROUNDED PROPERTY DESCRIBED IN EXHIBIT "A", TO BE KNOWN AS GRANDVIEW ADDITION NO. 256; TO ZONE SAID PROPERTY LOW DENSITY RESIDENTIAL APARTMENT, RA-1; TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, certain real property as is more particularly described in Exhibit "A", attached hereto and for purposes of this Resolution made a part hereof, is contiguous and wholly surrounded by the corporate limits of the City of Kalispell, and WHEREAS, in the judgement of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants of said contiguous and wholly surrounded tracts that the same be annexed to the City of Kalispell, so that the boundaries of the City of Kalispell should be extended so as to include the same within the corporate limits of the City, and WHEREAS, the Flathead Regional Development Office has made a report on Grandview Addition No. 256, City Zone Request, KA-94-03, dated June 29, 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 Low Density Residential Apartment, RA-1, 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 uested 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 "High Density Residential", with a maximum density of 40 dwelling units per acre, with some "Medical" to the southwest, and "Urban Residential" near the highway. The existing RA-1 was considered in compliance with the Master Plan and the proposed RA-1 is in compliance with the Master Plan. E Does the requested zone lessen congestion in the streets? Congestion in the street is caused by an overburden on the street of traffic. The zone in this case would not cause undue congestion because traffic generation is a function of the number of dwelling units and uses that are allowed within a given area. The City RA-1 is essentially the same as that of the County, so no greater impact is expected under the City than the County. Will the requested zone secure safety from fire, panic, 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 Plan 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 change 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 -County Master Plan. The Master Plan would support the requested zone change. Designation of this area as RA-1 would serve the Flathead region with additional residential development. Any traffic generation that the proposed change allows was mitigated at the time of development. In addition, this area has direct access to an existing major_ arterial. Any impact to stormwater runoff, sewers, and water have been addressed at the time of subdivision 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. E Will the re ue ted zone Provide for ade uate 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. No significant negative impacts is expected. Will the requested zone change Prevent the overcrowdin of land? overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the property. The Subdivision and Zoning Regulations control 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 negative impact is expected. will the requested zone avoid undue concentration of geople? Concentration of people relates to the land use permitted by a particular zone. The proposed zone change would not increase residential density in the area. Infrastructure the exists or can be provided which supports 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 recluested zone facilitate the ade uate Provision of trans ortation water, sewer, schools arks and other public requirements? Additional demands would be evaluated pursuant to individual development proposals. Because both zones are essentially the same, no significant negative impact is expected. Does the requested zone give consideration to the ■ _F 4-i,o fnr narticular • adequate access to facilities for the type of uses permitted in the proposed zone. No significant negative impact is expected. Does the requested zoning give reasonable consideration to the character of this district? The properties in question are well suited for the type development anticipated under the requested zone because of the topography, access, regional location, and size of the proposal. The County zone is essentially the same as the City zone; therefore, no significant impact is expected. Would the Proposed „zoning 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 RA-1 zone will not significantly impact, erode or devalue the neighborhood beyond the type of uses that are currently allowed. No significant impact is expected. Will the requested zone change 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 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 E 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, incurring additional pursuant to the annual City budget without bonded indebtedness, and WHEREAS, Grandview Addition No. 256 is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Tile 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 or will 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 Low Density Residential Apartment, RA-1. SECTION 1V. 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 6th DAY OF September , 1994. ATTEST: Amy H. Robertson Finance Director 1 5 �- m I - EXHIBIT "A" That portion of Govc=rwm Lots 3, 4, 5, 6. S.. and 13 in Section 6. Township 28 Nortk Range 21 West, and GovcnuneM Lot 1 and the SOW -cast Quarta of the Northcast Qua= of Section 1, Township 28 Nadt Range 22 was, descartbed as follows: at a irtd which bears Natty 45043'13" F� 3339 feet from dne sou&mst oorrrer of Go"'Mot Lot 5 of � , Township 28 North, Range 21 west. said point being on the easterly right-0f-way lire of U.S. Highway 93; °n 6' orlon Salo ri 4 way litre North I P48' 15" Wert 68.36 fed to the beginning of a 2754.79 foot t1eu no ve tor" y $ hr ing a radial bearing of North W1633' Fair; dice cot 6mag along said taws art �Ve line and "M =-it through a caermral angle of 00°12'41' an arc length of 10_8 10 the �y right-of-way fly line of thaot parcel desrnbod in Book 367 Page 181, records of Flathead County, Mona; thence akmg to easterly 1'utie of said tram and leaving said easterly rightof-way Jim of Highway 93, North OI*W59" Easrt 198.7E fees to the rnordwast comer of said parcel; thence along the north Pure of said portal, North 88°3O'36" West 52.3$ feet to the e cexly rigirot-of--way lie of U.S. Nrahway 93; said point being on a 2784.79 foot radius curve oarcave northeasterly, having a radial bearing of North 7e4T 12" Fate dx= along said easterly righter way line and along said curve through a central angle of 11°''2F44" an arc length of 555.48 feet; dense oonfinuing along said easterly rightor.v4y line, North 00°02.31" Fast 613.01 fba to de ryorthw st corner of that parccel de='bW in Book 700 Page 113, rewrtis Montana; they= two ceases along to fly line of said parcel, North W39'03" East 116.54 of Flathead County, i�� the line of said feet and North 59° 19'S4" East 24.09 feet to the rsorduaswly comer of said to pLaL ofwhich is on record with ttie �, Scud~ 01°01'00" West 11339 fed w the south Tune of Paris Vii:w Terrace, the plat Flathead Canty and Recorder, dents along the south line of said Park view Terrao, North 89°34'38' East 1059 21 feet to the westerly line of dw parcel de=bed in Hook 630 Page 799, recOak of Flathead Caatty, MMUM thane along the v4sterly line of said parcel, Nadu 00'12'-72" West 153..54 led to a point on the soutimly neClerk and��. of LAX 60 of Park View Terrace Addition No. i, the play Of which is an record with the Fladxad Counnty said point being on a 167.60 foot radius curve concave northmemly having a radial bearing of North W564V West thence along said came dewo a central angle of 10°09'42" an arc length of 29.72 fors; thence aloe$ the easterly Wre of said Lot 60, North 03WSSO West 31.60 fees to the nOrdnerly line of that pared described in Book 630 Page 79& ram of Flathead Count,. Ntxam thence along the northerly lire of said par=!, North W4738' East 42b.17 feet w the nor alY cow of said parcel, said Pours being on the westerly right-of-way fine of Grandview Drive; *Am along dine ea5te ly Pure of said percd and along the westerly ri&-of--way line of said Grandview Drive, South 04°4556" East 190.02 fed to dle nod'& � of first parcel described in Book 730 Page 953, reoords of Flathead County, Montana; d== along the easterly line of said parcel and wing along the ugly ri&4'way line of Grandview Drive, South 03°3712" Fast 241.44 feet m the northwesterly comer of w Pa �descr described 'A Book 493 Page 86f. reco & of Flathead CMV, Monte Long the fly > vel and the sarthwesterly riB�-0of`' y line of said Cam► Drive, South 70°l2'32" Fast 58755 fs�et to the continuing along a radix! baring of South 19°4G52" West; thence along said be�guvning of a 355.00 foot radius curve to the right having awe though a central angle of 57933'45" an arc length of 356.65 feet to the nordwast comer of Ridgeview Subdivisior>, the plat of which is on ro=d with the Flathead County Clerk and Recorder, thence continuing along said southwesterly ri&—of-way line, and along the easterly boundary of said R,idgeview Subdivision, South 1?14'04" East .L_ a nrner of the Amended Subdivision of Grandview Townhouses, the plat of Which is on . . 871 1 point being on the westerly right-of-way line of Grandview Drive; trice along said westerly r&-*f way line of G- riew Drive and along the easterly line of said area descnbed in Document V16013110. mcords of Ft hcW County, Montana. South 02°53'43" West 130.17 feet to the nordhcla oorw of that parcel described in Book SO4 Page 192. records of Flathead County, Miontam thence along the easterly lure of said parcel and continuing along the westerly right -of way liana of Grandview Dim South 03TZ45" West 99.95 fees m the soutimast corner of said pucet enamor along the southerly boundary of said parul and leaving the westerly rigk-of way line of Grandview Drive, South g9' *= West 90. IS feat ranee along the easterly line of said parcel, South Or4752" Wens 49.97 feet; thence along the south line of said Feral. South W445" West 39.18 feet to the early line of that parcel desrnbod in Book 498 pap 322, records of FW=d County, Montana: thence along the easterly boundary of said paved the following three Comm South OVW45" West 49.68 feet, South 02°SVW West 80.17 feet, and South 02°51'16" West 34.98 feet to the fly corner of said parcel; thence along the sot>:lherly boundary of said parcel. North 87°01"h_8" West 89.74 feet and North 87-C 10" West 12937 feu to the easterly One of that parcel destrn'bed in Book 567 Page 644, records of Flathead County, Montana, thence along the easterly boundary of said parcel, Sash 03OW49" West 2S0.09 feel to the southwesterly comer of Lot 1, Crandview Heights Addition No. 2, die Flat of which is on record with the Flathead County Clerk and Recorder, thence along the soudrmesterly boundary of said Lot 4 South 75033'03" Fast 57.03 fleet to the southeasterly comer of said Lot 1, said point being on the weserly right of --way lime of Glacier view Drive and on a $1.00 foot radius cove, concave soudmoterly. having a radial bearing of South 45°0 IV Era; thence southwesterly along said curve through a central angle of 39*SY41", an arc kq* of 55.03 feet; thence continuing along tits westerly right-of-way line of Glacier Yew Drive. South OSW22" Fast 25.63 feet to the northerly line of Caraundview Heights Addition No. 1. the plat of which is on record with the Flathead Cowry Clerk and Recorder, dmm leaving said right-0f-way line and continuing along the northerly line of said Grandview Heights Addition No. 1, Saab 89°i0'49" West 499.96 feu to the northwest comer thereof, thence along the westerly line of said Grandview t tghts Addition No. 1, South 0300118" West 89.91 fat to the northerly right-of-way Tune of Sunnyview Larne, thence along tM northerly right-of-way line of Surutyview Lane, South W 10'49" West 85.74 fee to the southeast corner of Buffalo Dill Apartment & Coanunxrcial Addition No. $4. the plat of which is on record with the Flathead County Clerk & RecOrdw, thence along the easterly line of said Addition No. 84 and leaving said r &-of-way lure of Sunrtyview Lame, North 03"I8'50" Fast 1223.48 feet to the northeasterly corner of said Buffalo HUI Ap tvrent do Commercial Addition No. 84; thence along the northerly line of said Buffalo Hr11 Apartment tit Commercial Addition No. 84, south gr4850" West 364.69 fat to the nottivw corner of said Buffalo mill Apartment do Commercial Addition No. 84; thence along the west line of said Buffalo Yell Apartment do Commercial Adddw No. 84. South 02°34'38" West M9.93 feet to the northeast easier of Heritage Place Addition, the plat of which is on record with the Flathead County Clerk tit Rxarhier, dhahce along the north line of said HeriUV Place Additions, North 85033W West 228.44 fat to the asterly right-of-way line of Wad ward Way, thence northeasterly along said eastern► rW-cf-wry line of Windward Way, north 04°22'09" Fast 63.00 feet to the northerly ri&-of-way lure of said Windward Warr. thence along the northerly right-of-way line of said Whndward Way, Noah 85°40 14" West 6031 foes to the southeasterly corner of Heritage P1aoe. the plat of which is on record with the FWmad County Clerk and Recorder thane along the easterly line of said Heritage Place and leaving said riglit-of-way Tune of Mli ndward Way. North 0402431" East 434.95 feet to die no&wast canna of said Her tage Place; thence along the north line of said HwtW Place, North 85035'08" West 520.01 feet to the northwest comer of said Heritage Place; dhence along the westerly line of said Heritage place, South 04024'34" West 371.45 feet to the northerly raghrt-Of-way line of Heritage Way, thence along said aorterhy right- of-way line, North 6r w47" West 11.69 feet to the beginning of a 504.63 foot radius turn concave southwesterty, having a radial bearing of South 21OW49" West; thence continuing northwesterly along said northerly right-of-way line of said Heritage Way, along said cove, through a central angle of IrO8'01" an arc length of 159.71 feet thence continuing along said northerly right-of-way line of said Heritage Way, North SMT44" West 143.08 feet to the point „f s,eoinning. containing 88.876 acres of land. All as shown on the attached Certifkze of Survey which is herewith 872 EXHIBIT "B" EXTENSION OF SERVICES GRANDVIEW ADDITION #256 The Grandview Addition is an annexation of approximately 89 acres of land generally located east of Highway 93 and west of Grandview Drive, south °the wi h Park approximately View Terrace 28ddsingle-family ition. The a homes d is primarily vacant, (including townhouses). Within the area to be annexed there are no existing commercial enterprises. lan In addition to the city'Development of f ce Servicess Extension of and Padoped prepareby d thby the Flathead Regional Kalispell City Council in 1989, the City of Kalispell's Fire, police, and Public Works Departments have independently conducted municipal service f revieachews for of thesehreviewsview (detaaledlbelow?on eistthat The conclusion o each department is able to provide municipal services to the Grandview Addition on the same basis and in the provided to tsame erest manner the in which municipal services are currently city of Kalispell. Itis servicesto important to lands te that the surrounding 1 the usub�ect provides municipal property. EXIS1 Nr, 3ERVNES : WATER: Currently there is a 12" water main in Windward Way and Heritage Way, both of which are city streets. There is also a 12" main in Sunnyview Lane (city) which connects to a 6" main in Grandview Drive (city), which in turn extends beyond that street's intersection with Grandview Lane (city). Additionally, there is an 8" water main in Indian Trails Road (city) north of the proposed annexation. All referenced water 'mains are in the city's "upper service zone" and are pressured by the water reservoirs on Buffalo Hill. Developers of land within the area will be required to design and install looped water systems. Based on densities and land uses allowed by the proposed RA-1 zoning, the city's water system and supply is adequate to serve the area. Ridgeview, a 1 ofithescitdy'�sswaterlsy eserved by a private water system independent SEWER : Sewer mains -are i h P- -hre Hap Drivel toDthe west aacross U.S. Highway 873 Existing single-family development within the area utilizes individual septic tanks and drainfields. The townhouse development on Columbia Lane (private)is hooked to city sewer and water systems. There are no central or community sewer systems in place at this time. STORM DRAINAGE: At this time there are no public storm water drainage facilities within the territory to be annexed. All storm drainage is retained on site through percolation. -STREETS: The only developed roadway within the area to be annexed is Ridgeview Drive, a private street. In addition to Highway 93, the following city streets abut the area: Heritage Way, Windward Way, Sunnyview Lane, and Grandview Drive. All city streets are plowed in the winter, as is Highway 93. REFUSE SERVICE: Contract haulers provide refuse collection and disposal service to the area. POLICE PROTECTION: The Grandview Addition is currently within the jurisdiction of the Flathead County Sheriff's Department. The City of Kalispell Police Department supplements this protection, as patrols to surrounding city properties are currently done. FIRE PROTECTION: The area to be annexed is within the jurisdiction of the Evergreen Rural Fire District. ANTICIPATED SERVICE NEEDS: WATER: The existing public water supply services of the City of Kalispell are adequate to serve the needs of those properties to be annexed. Upon development of unimproved properties, developers will be ■ required- to construct looped water systems in accord with city standards. SEWER: be able to tie depending on specific needs, New development will, stems, owners into eit her the sewer main in Grandview D riv s pticasyst systems, o Northridge Drive. In the event of failures sewer collection and treatment system. will connect to the city the city's treatment plant has adequate As is mentioned above, lant was built regional needs of the greater Kalispell capacity to serve the area. The Kalispell treatment P and sized to address theg art. area, of which the area to be annexed is a p STORM DRAINAGE: As is the case in other areas annexed has no storm drainage will be incorporated into the with improvements installed as he are budgeted to imp of the city, the territory to be facilities. The newly -annexed area city's master storm drainage plan, financing allows. Each year, monies or plan. STREETS: annexation will x ected that the private road within the ll in turn maintain It�sep dedicated to the City of Kalispell. The y o city standards as the stree t and provide snow removal servi. the Ciy of Kalispell will accepdedication e din the areaoew ccurs.road built development REFUSE SERVICE: M.C.A., Will lispell, per the provisions of The City of Ka�-2-4�36, the not provide solid waste disposal seearsefrom the effecta eedateoof for a period of at least five L y the annexation. POLICE PROTECTION: cis Police Department, which now serves areas of the city The Kalispell subject property, will provide police services located north of the subj h that to the area to be annexed at a andeprope 'ties rallo additional afforded all other city residen s personnel will be required to serve the area. 1 1 FIRE PROTECTION: be Provided to the Grandview city of Kalispell fire protection will _�:,.� nlro xal, snell Fire Department, located hrPP 875 The department enjoys a fire insurance rating of "5", with all areas of the city equipped with fire hydrants. The department is fully equipped with adequate and up-to-date fire fighting apparatus. Fire protection is currently provided to areas within the city limits as far as 2.9 miles from the station, with response times of 6 to 8 minutes. Commercial areas located approximately 2.5 miles to the north and west can be reached in 5 to 7 minutes. The proposed area of annexation is physically closer to the city fire station than some areas currently served by the department. Response times for firefighters and equipment to this area,therefore, will be equal to or better than those to the extreme north end of -Kalispell. In addition to providing fire fighting service, the city will also be providing fire inspection and prevention services to the territory to be annexed. Inclusion of this area in the city's jurisdiction will also facilitate coordinated building permit plan review between the city's fire and building departments. This coordination will insure that new construction in the area meets all applicable fire codes. No new personnel will be needed to provide fire department services to the area. i