Resolution 4202 - Annexation - Belmarf
RESOLUTION NO. _ 4202
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 BELMAR ADDITION
NO. 261; 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
Somers Land Company and Lindlief Enterprises, 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 Belmar Addition No. 261, City Zone Request, KA-94-51
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 Requested Zone Lessen Congestion in the Streets?
Congestion in the streets is caused by an overburden of
traffic on the street system. 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 will
be subdivided in a manner which precludes any further
subdivisions and the density of this development is
expected for this area. No additional traffic would be
generated by this zoning designation.
1
1007
Will the, Requested Zone Secure Safety from Fire, Panic
and Other Dancers?
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, and
mechanical permits. These requirements and review
processes help ensure that development of the property
subsequent to the zone change is done in a safe manner.
A portion of the property is currently in the 100 year
floodplain. Structural development within the floodplain
is not permitted; the portion of the property within the
floodplain would need to be brought out of the floodplain
prior to any structural development on that portion of
the property. No significant negative impact is
expected.
Will the Requested 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 City -
County 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,
1008
clear vision setback, roadway improvements) would ensure
that light and air are adequately provided.
Will the Re uested Zone Change Prevent the Overcrowding
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.
W1,11 the Requested 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 Re uested Zone Facilitate th2 Adequate Provision
of Transportation, Water, Sewer Schools Parks and Oth r
Public Requirements?
The additional demands for transportation, water, and
sewer will be evaluated pursuant to individual
development proposals; existing infrastructure exists in
the vicinity which should be able to serve development of
this property. Because of the types of uses permitted in
the zone, schools and parks should not be significantly
impacted. However, schools are considered to be at
capacity and additional development in Flathead County
puts additional strain on the school system. No
significant negative impact is expected.
Does the Reguested Zone Give Consideration to the
Particular 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
3
.009
1
1
1
and has adequate access to facilities for the type of
uses permitted in the proposed zone. No significant
negative impact is expected.
Doea_thq Requested Zoning Give Reasonable Consideration
to the Character of__thi,s_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. No significant negative impact is
expected.
Would the Proposed Zoning Conserve the Value _ of the
Buildings?
The subject request would not significantly impact
buildings. There are no known uses that would be
affected by this zone. A change from County R-1 to the
City R-4 zone will not significantly impact, erode, or
devalue the neighborhood beyond the type of uses that are
currently allowed or that exist in the area. No
significant negative 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 identify this area for residential uses. 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 Belmar Addition No. 261, subject to
annexation, including water, sewer, storm drainage, streets,
garbage collection, police protection and fire protection, and
4
1010
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, Belmar Addition No. 261 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 Title 7, Chapter 20 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
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.
5
1
1
1
1011
EXHIBIT A
A tract of land located In the North Half of the Northeast Quarter of Section 19,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more
particularly described as follows:
Beginning at the Southwest corner of the Northeast Quarter of the Northeast
Quarter of Section 19, Township 28 North, Range 21 West; thence
South 88016'25" West along the South boundary of the Northwest Quarter of the
Northeast Quarter of said Section 19 a distance of 204.94 feet to a point; thence
North 00°o9'15" West and leaving said South boundary a distance of 500.62 feet to
a point on the approximate thread of Ashley Creek; thence the following three (3)
courses along the said approximate thread:
North 76058'16" East a distance of 40.41 feet;
North 53001'22" East a distance of 55.83 feet;
North 33033'22" East a distance of 15.02 feet; thence leaving said thread
North 89052,45" East a distance of 112.38 feet to a point on the West boundary of
the Northeast Quarter of the Northeast Quarter of said Section 19; thence
North 89052'45" East a distance of 362.33 feet to a point; thence
South 00009'00" East a distance of 540.10 feet to a point on the South boundary of
the said Northeast Quarter of the Northeast Quarter; thence
South 88019'53" West and along said South boundary a distance of 362.11 feet to
the place of beginning.
1
1012
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS 11 `K'' DAY OF POri � `. 1995.
ATTEST:
Debbie Gif€ CMC
Clerk of Cou cil
6
1�1
Vf". a
_ / IiM;
.�� D. mayor
1
1
1013
EXHIBIT "B"
BELMAR ADDITION ANNEXATION
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION 13838
PREPARED BY THE FRDO
FEBRUARY 6,1995
The subject property is within the service Area Boundary of the City of Kalispell as
described by the Extension of Services Plan adopted bythe City of Kalispell on April
3, 1989 (Resolution 13838). This broad -based extension of services plan, together
with this 'mini -plan" comprise the Extension of Services Plan for Dennis Carver's,
Belmar Addition, annexation.
EXISTING SERVICES:
Water: A municipal water line will need to be extended to serve this property. The
City has sufficient capacity to serve this site when the extension Is made.
Sewe A lift station and sanitary sewer will need to be extended to service this
property. The City has sufficient capacity to service this property when extensions
are made.
Storm Drainage, Storm drainage is proposed to outlet into Ashley Creek north of
the property.
Stree : Airport Road is a two lane paved collector with sufficient capacity to serve
South Meadows and this site.
Garbage Collection: Available by contract from private companies.
Police Protection: Currently the Flathead County Sheriffs Department.
Fire Protection: West Valley Volunteer Fire Department.
ANTICIPATED SERVICE NEEDS:
Water: Water supply would be able to be extended to the property from the
water line north in Airport Road through the South Meadows Subdivision. If not,
a water main must be extended to 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.
Sewer: Sewer would be collected in a conventional gravity flow system which
would feed into a lift station which would feed into the city's sewerage disposal
C
1014
plant east of the site. This disposal system would be evaluated during the review
phase of any development permit.
Storm Drainage: On -site retention and/or disposal of storm water will be evaluated
during the review phase of any proposed development. It is anticipated to drain
Into Ashley Creek.
Streets: Airport Road is a two lane paved collector with sufficient capacity to serve
this site through South Meadows. In addition, street tree planting and sidewalks
would be necessary.
Garbage Collection: The city has 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 he 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 STRATEGIES:
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 developer/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.
F.\... IKA95-1 ES.CVR
CI
1
1015
0
nr
••r'y • 1� �' t r• ,C, �t .} y" �, f 1,-
•t ��i ; +}4 i t ra•r »+ ' Vp.ojLa'1 'f V.r• .Tam f '� +� `1• � rJ - • �•' �•�
• >� • .r�i
n �'�`- �Y, " �,.. +t• � . • . -
PA
r {l _ ti •. A .• �y*i
9.40
04-0.4
tM i--- . - !Q v. '\ - "r
do
• -i.._ .•godo
Ott 4
• i• • t
So
• r.•. I.r... 1 1 L �' • a• r r r
T_ i _29-2&-21
Y" ♦ AM $L•
A --
did
..
a '•• C�
REF•: : a �� ■ �_
f1
P-I 1
fir,, �.., �-1' •' 1 {'• •1••i�v �■
COUNTBEGG
I�T -,' r� :� 1 �� : �• .� . • ,PARb
r_-
•�'js •/. �f� 1: _., .;..1.�.'.:..1 -ice RER: XZC 95-1
•` ... .'•:fit .� � `^�.�. iK• •�T' ti .+r, _ `/ A 1y:•
COUNTY PARLEY
1, PARK
PH. I -
` 1
R-42.
SAG-10 1
A 5-_f`�,l
DPP 95--1