Resolution 4221 - Annexation - Fairway Blvd Phases VI, VII and VIII1103
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RESOLUTION N0. 4- 2�
ALTERATION OF THE
A RESOLUTION TO PROVIDE FOR ING THEREIN, AS AN ANNEXATION'
FAIRWAY
CITY OF KALISPOF THE
ELL BY INCLUD
BOULEVARD TOWNHOUSES PHASE VBOLE �► AND TO ABLEL KNOWN COMMON
ASRFAIRWAY
ROADWAYS IN ALL OF FAIRWAYSINGLE
BOULEVARD ADDITION NO. 267; ONINGTMAP ATo ZONE SAID C URBAN
FAMILY RESIDENTIAL, R-3, TO AMEND THE CITY
AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has requested annexation of
as Fairwa Boulevard it- ofses Fairwa Phases BoulevardV
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property known to
and All Common Areas and Roadwa
the City of Kalispell, and
1 Development Office has made a
WHEREAS, the Flathead Regions Zone Request,
report on Fairway Boulevard Addition No. 267, City
*K,_gg-?, dated May 31, 1995, and
WHEREAS, the Kalispell the ty-County Planning Board and Zoning
Commission recommended that e territory be annexed into the City
of Kalispell and be zoned Urban Single Family Residential, R 3, and
WHEREAS, based upon the ommendation ofort of Flathead theKalispellgC�ty�
Development Office and the re the City Council of
County Planning Board and Zoning Commission,
the City of Kalispell finds that =o ri ecommend based dupon nthe
classification for the territory is app P
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 Pla iCurrently designated
ccording to the map
of the master plan, the property is
as "High Density Residential". R-3 is considered in
general Rc3 wh zone ishlessster thanpanticipated bylan. The ithe
density offthe the
"High Density" classification.
s the Requested
one Lessen Con estion 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 The elfin property that are allowed within a given area.
been subdivided and partially developed in a manner that
is equivalent to the existing County R-4 zone with a
Conditional Use Permit to allow clustering. It should be
noted that Whitefish Stage Road is due to be upgraded.
There is no schedule for this It would, upgrade however and be funding
exgectedsto t
been accomplished.
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occur within the next 3-10 years. This upgrade would
probably require the road right-of-way to be increased
from 60 feet to 80 feet. Development on this property
would not be significantly impacted by the increased
right-of-way width of this road.
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. Any
additional future development of the property is subject
to review by the City, 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. In addition, a Conditional Use
Permit was granted by the County and is acceptable to the
City. This Conditional Use Permit and the subdivision
approval specifically approved townhouse lots for this
project. No change to those approvals is expected. No
significant negative impact is expected.
Will the Reguested Chan a 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-3 would have
little or no impact. Any traffic generation that the
proposed change allows was mitigated at the time of
Conditional Use Permit approval and subdivision approval.
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.: Conditional Use Permit,
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parking, landscaping, clear vision setback, roadway
that light and air are
improvements, etc.) would ensure
adequately provided.
Will the Regmested Zone Change Prevent the overcrowdin
of Land?
overcrowding of land occurs when development out -paces or
limitations of the
exceeds the environmental or service
The Subdivision, Zoning and Building
property.
regulations control the intensity requirements that a
infrastructure
property can be developed with. Adequate
can be provided at the time of development
is in place or the
te the allowed
expecteduested
ni f icantland
to accommosignificantnegative mmpact is
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zone. N 9
Will the Re nested Zone Avoid Undue Concentration of
Peo le?
Concentration of people relates to the land use permitted
The change would have no
by a particular zone. proposed
residential density in the area.
impact on
Infrastructure exists or can be provided which supports
the
the proposed change. The zoning ordinance covers
be permitted in this zone.
intensity of use that would
An undue concentration of people would result if the
property is developed at a level which exceeds the
carrying capacity of the land
environmental or service
would not happen. The proposed zoning and approved
which
development would ensure that the site is properly
developed. No significant impact is expected.
Will the Requested Zone Facilitate the Ad e uate Provision
Schools Parks and other
of Trans ortation Water Sewer
Public Re uirements?
No additional demands for transportation, water, and
of existing approved
sewer would be expected because
development; existing infrastructure exists in the
vicinity (North Valley Sewer and Evergreen Water
development of
Districts) which would be able to serve
this property. Schools and parks should not be any more
existing County approvals than would
impacted under the
be under the City. No significant negative impact is
expected.
Does the Re uested Zone Give Consideration to the
for Particular
Particular Suitability of the Property
Uses?
The subject property is well suited for uses permitted
availability of services
within the R-3 zone because of
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and access to a major thoroughfare. The property is of
adequate size for the type of uses permitted and
conditionally allowed in the proposed zone. No
significant negative impact is expected.
Does the Requested Zoning Give Reasonable Consideration
to the Character of this District?
The property in question is well suited for the type
development anticipated under the requested zone because
of the topography, access, regional location, access to
schools, access to urban services, and size of the
proposal. In addition the Master Plan for the area
anticipates this type of zone in this area. 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-4 to the
City R-3 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 RequestedZone Change Encourage the Most
Appropriate_ Use of the Land Throughout the Jurisdiction?
Appropriateness of a zone is determined by the Kalispell
City -County Master Plan. The Plan, the existing zoning
classification, and the Conditional Use Permit identify
this area for the types of uses permitted within the
requested zone. Therefore, the change would encourage
the most appropriate use of the land. No significant
negative impact is expected. The proposed City zone
merely continues the property's land use approvals from
the County.
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
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WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Fairway Boulevard Addition No. 267,
subject to annexation, incluodinwater, sewer, storm drainage,
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streets, garbage collection, e protection and fire protection,
and
WHEREAS, said "mini -extension of services plan" provides for
financing the extension of municipal services or maintenance of
existing ee annuais by uCityZing budget fundsallocated
incurring additional
pursuant too thth
bonded indebtedness, and
WHEREAS, tweth tTitleK 7,ispell Chapterdesires
2 eBto Part 46 annex M ntana said property
in accordance
Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That all the real property described as
Fairway Boulevard Townhouses Phases VI and VII and all
common areas and roadways in all of Fairway Boulevard
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 Urban Single Family Residential, R-3.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL THIS 10th DAY OF Judy, �, 1995.
r
D gl D. Raut e, Mayor
ATTEST:
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Z173
Debbie Giffo C
Clerk of Cou
r2e
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t
EXHIBIT "B"
FAIRWAY BOULEVARD ADDITION NO. 267 ANNEXATION
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION 13838
PREPARED BY THE
FLATHEAD REGIONAL DEVELOPMENT OFFICE
MAY 31,1995
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 13838). This broad -based extension of services plan together
with this "mini -plan" comprise the Extension of Services Plan for the Fairway
Boulevard Addition No. 267 annexation.
EXISTING SERVICES:
Water: Evergreen Water District has a 12 inch water line In Whitefish Stage. This
main should have sufficient capacity to serve this site when the connection is
made.
Sewer: Sanitary sewer and lift station exist toward the west end of the property.
This line and station have sufficient capacity to service this property.
Storm Drains e: No area storm drainage system appears to be associated with this
subdivision.
Streets: Whitefish Stage is a County maintained 60 foot arterial. It is a two lane
travel surface with no pedestrian access. The travel surface is worn and the street
gets congested. The upgrade of Whitefish Stage to an 80 foot right-of-way and
arterial design Is a priority but no funding or time frame has been established. A
pedestrian trail from Reserve Drive to Fairway Boulevard Townhouses along
Whitefish Stage Road serving this site Is scheduled for the fall of 1995. Fairway
Boulevard is a two lane paved road with rolled curbs to a width of 28 feet.
Garbage Collection: Available by contract from private companies.
Police Protection: Currently the Flathead County Sheriff s Department.
Fire Protection: Evergreen Volunteer Fire Department.
ANTICIPATED SERVICE NEEDS:
Water: Water supply exists to the property from the Evergreen Water District
water line In Whitefish Stage Road.
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Sewer: Sewer would flow into the existing main and would feed into the City's
sewerage disposal plant. The main has sufficlent capacity at this time to service
this site.
Storm Drainage Retention and/or disposal of storm water is collected in the
common area and percolates into the ground.
treets: Whitefish Stage Road and Fairway Boulevard are two lane paved roads with
sufficient capacity to serve this site. It should be noted that Whitefish Stage Road
has been upgraded to major arterial status. This upgrade will require additional
right-of-way to a total of 80 feet. Development of the property should not be
significantly impacted by any additional right-of-way needs of this upgrade.
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 the tract upon annexation. They will be able to provide "service" to this
property on substantially the 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, street
maintenance, and administration of the Conditional use Permit are expected to be
negligible. 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. Any individual improvements to the property, Including 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.
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