Resolution 4084 - Annexation & Zoning - Ronnie Pack536
RESOLUTION NO. 4084
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 AS DESCRIBED IN TRACT I IN THE SE 1/4 OF THE SE 1/4 OF
SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS PACK ADDITION NO. 249; TO ZONE SAID
PROPERTY B-2, GENERAL BUSINESS; TO AMEND THE CITY ZONING MAP
ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Ronnie Pack, owner of the property described in Exhibit "B",
attached hereto and for purposes of this Resolution made a part
hereof, requesting that the City of Kalispell annex the territory
into the City, and
WHEREAS, the Flathead Regional Development office made a
report on the annexation/ zoning of the territory dated November 2,
1992, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing on the annexation and zoning of
the property, pursuant to Section 27.34.080, Kalispell Zoning
ordinance on November 10, 1992 and recommended that the territory
be annexed into the City of Kalispell and be zoned B-2, General
Business in accordance with the Kalispell Zoning Ordinance and the
Kalispell City -County Master Plan, 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 in accordance with the
Kalispell City -County Master Plan and the Kalispell Zoning
ordinance based upon the following criterion:
F- Does the requested zone comp_IV with the Master Plan?
The property is designated by the Kalispell City -County
Master Plan as "Cominercial". The requested B-2 zoning
classification is in conformance with that designation.
Is the reguested zone designed to lessen congestion in
the streets?
A change from an R-1, single family zoning district in
the county, to a General Business Classification in the
city is likely to increase traffic congestion, rather
than lessen congestion. Traffic typically generated by
the types of uses permitted in the requested zone far
exceeds that generated by residential uses. The location
of the subject property, with access to and from a major
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arterial (Highway #2), however, will help mitigate the
traffic impact.
Will the requested zone secure safety from fire, panic, -
and other dangers?
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 all municipal services
including police and fire protection. Water and sewer
service is available to 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 with the adjoining
properties. Other city codes that are intended to serve
the "general welfare" would also be applicable to any
development on the property.
Will the requested zone Provide for adeguate light and
air?
The property development standards of the B-2 zoning
classification establish setback, height, and coverage
standards for new development. These standards are
sufficient to ensure adequate light and air consistent
with the character of the surrounding area.
Will the requested zone prevent the overcrowding of land?
Zoning (bulk and dimensional standards) and site plan
review authority will ensure that new development is
adequately served with utilities and other public demand
services, and that overcrowding of the land does not
occur *
Will the reauested zone avoid undue concentration of
people?
The B-2 zone which is being proposed contains property
development standards which dictate such things as
minimum lot size, permitted lot coverage, and yard
setbacks. Such standards ensure proper density of
development.
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Will the reguested zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks and
other public--reguirements?
The zone change is not likely to increase demands for
these services. The attached extension of services plan
further speaks to this criteria.
Does the requested zone give consideration to the
particular suitability of the vroperty for particular
uses?
The requested zone permits a variety of commercial uses,
all of which are suitable for the subject property, and
compatible with surrounding uses.
Does the requested zone give reasonable consideration to
the character of the district?
The proposed zoning is a "general" commercial
classification that anticipates commercial development of
the property in a manner similar to that which
characterizes the district. The character of the
district would not be adversely affected by the zone
change.
Will the proposed zone conserve the value of buildings?
The site is currently vacant; building values are not an
issue. Adjoining properties should benefit since the
proposed zoning will allow the same uses and density that
is common to the surrounding area.
Will the requested zone encourage the most appropriate
I I use of the land throughout the municipality?
The requested )B-2 zoning classification will promote land
uses consistent with the anticipation of the Master Plan
and with the surrounding uses.
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 timini-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
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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 Pack Addition, 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, Pack 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 1. That all of the real property as is more
particularly described in Exhibit "B" shall be annexed to
the City of Kalispell and the boundaries of the City are
altered to so provide.
SECTION II. Upon the effective date of this Resolution,
the City Clerk of Council's office 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 f ile 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 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 as B-2, General Business, and the City of
Kalispell zoning map shall be altered to so provide.
SECTION IV. This Resolution shall be effective thirty
(30) days from and after its final passage by the City
Council and approval by the Mayor.
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PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 21 st DAY OF December -, 1992.
DouglaW D. Rauthe, Mayor
ATTEST:
Amy H.fAobertson
Finance Director
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EXHIBIT "A n
I&TENSLON OF SEW
1r.ES PLAN
water: A 6" water line has been ektended from the right -of -way of Highway #2
to serve the subject property. It will be the responsibility of the developer to
bear an costs associated with connection to the utility.
Sewer: There is also a private 81' sanitary sewer line extension from the main
located to the north in the Highway #2 eight -of -way. The developer will likewise
be responsible for connection charges to the sewer system.,
Roa 0 Rig way 2 e
As: The subject property is currently accessible tr m h N at via an
easement on an adjacent parcel of property.
StorM DKainac The nearest public storm drainage improvement in the Vicinity
is located approximately 450 feet to the east in the right-of-way of Meridian
Road. Upon receipt of a specific development plan for the property, storm
drainage requirements will be determined by the city.
other City SWAM: Police and fire protection, as weU as refuse collection
services, will be available to the area upon annexation to the city.
Con -uction stand The extension of public infrastructure such as water
and sewer shall be designed and constructed by the property owner. Access
improvements are also the responsibility of the owner. Construction shall be in
accord with all City of KaUspell standards, sped�fications, and requLrements.
JP:\FRDO\REPORTS\KA-92-4.RPT
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EXHIBIT "B"
A tract of land
in the SE 1/4 SE 1/4
of Section 12, Township 28
North, Range 22
West, P.M.M., Flathead
County, Montana, described
as follows:
Beginning at a point 264 feet South
89*171 West of and 660
feet North 0*45'
East of the Southeast
corner of said Section 12;
thence
South 0*481
West a distance of 76
feet to a point on the South
bank of Spring Creek; thence
South 530091 West a distance of 33.5 feet to a point; thence
South 76*28' West a distance of 51 feet to a point; thence
South 63604' West a distance of 79 feet to a point; thence
South 46*15' West a distance of 45.5 feet to a point on the
South bank of Spring Creek; thence
South 89*17' West a distance of 125 feet to a point; thence
North 00481 East a distance of 170.3 feet to a point; thence
South 89017' West a distance of 722 feet, more or less, to the
West boundary of the SE 1/4 SE 1/4 of said Section 12; thence
North 0048' East a distance of 67.5 feet, more or less, to the
southerly limit of Highway No. 2; thence
North 49*08' East a distance of 106.4 feet measured along the
said southerly limit of said Highway No. 2 to the place of
beginning of a curve to the right; thence
Northwesterly along said curve a distance of 1,073.6 feet to
a point on the southerly limit of said Highway No. 2; thence
South 0048' West a distance of 547.1 feet, more or less, to
the place of beginning.
EXCEPTING from the above described premises the following 4
tracts of land:
Tract 1)
Lots 1 and 2 of Pack Addition, Addition #91, to Kalispell,
according to the map or plat thereof on file and of record in the
office of the Clerk and Recorder of Flathead County, Montana.
Tract 2)
That tract of land known as McDonald's Addition #52 to Kalispell,
according to the map or plat thereof on file and of record in the
office of the Clerk and Recorder of Flathead County, Montana.
Tract 3)
That part of the SE 1/4 SE 1/4 of Section 12, more particularly
described as follows;
Beginning at a point 264 feet South 89*17' West of and 660
feet North 0*48' East of the Southeast corner of said SE 1/4 SE
1/4; thence
South 0*48' West a distance of 76 feet; thence
South 53*09" West a distance of 33.5 feet; thence
South 76'28' West a distance of 51. feet; thence
South 63004' West a distance of 67.3 feet; thence
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North Oa48' East a distance of 661 feet, more or less, to an
intersection with the Southerly boundary line of U. S. Highway No.
2; thence
Northeasterly along said boundary line a distance of 136 feet;
thence
South 09.48' West a distance of 547.1 feet, more or less, to
the place of beginning.
Tract 4) 1
That portion heretofore conveyed to the State of Montana, by
instruments recorded in Book 391 page 301, and in Book 434, page
130, records of Flathead County, Montana.
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