Resolution 3786 - Annexation - South West Kalispell Add 211RESOLUTION NO. 3786
A RESOLUTION TO PROVIDL FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
PARCELS OF REAL PROPERTY TO BE KNOWN AS SOUTHWEST KALISPELL ADDITION
NO. 211; TO ZONE SAID PROPERTY RESIDENTIAL, R-4, AND RESIDENTIAL,
R-1, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN
EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received petitions containing
the signature of more than 50% of the resident freeholder electors
within an area lying generally Southwest of the City of Kalispell,
requesting that the City of Kalispell annex the territory into the
City, and
WHEREAS, the boundaries of the territory to be annexed is contained
in Exhibit "A" attached hereto and for purposes of this Resolution
made a part hereof, and
WHEREAS, the Flathead Regional Development Office has made a report
on the Annexation/Zoning of the territory dated February 2, 1988, 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 §5.01, Kalispell Zoning Ordinance on February
9, 1988 and recommended that the territory be annexed into the City
of Kalispell and be zoned as follows:
Residential, R-4: All projects within said annexed territory
situated north of the centerline of Sunnyside Drive;
Residential, R-1: All properties within said annexed territory
situated south of the centerline of Sunnyside Drive,
and
WHEREAS, the City Council of the City of Kalispell held a public
hearing pursuant to §6.13, Kalispell Zoning Ordinance on March 7,
1988 and considered the report made by the Flathead Regional Development
Office and the recommendation of the Kalispell City -County Planning
Board and Zoning Commission, 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 classifications for the territory
is appropriate based upon the following criterion:
I. Does the requested zone comply with the masterplan?
The primary test of determining compliance with the Master
Plan is whether the proposed zones are consistent with the
land use designation assigned to that area by the Official
Map of the Master Plan. For the subject area, the land use
designation is "Urban Residential", which complements the
proposed R-4 zoning and existing development pattern of the
properties north of Sunnyside Drive. The R-1 zoning is more
complementary to the existing land use south of Sunnyside
Drive and reflects the inherent limitations of that area for
high density development.
2. Is the requested zone designed to lessen congestion in
the streets? _
The proposed zoning will help maintain the e.-;isting residential
development pattern of the area. Density of development, as
permitted by the proposed zones, will not generate traffic
beyond the carrying capacity of the associated roads.
3. Will the requested zone secure safety from fire, panic,
and other dangers?
The proposed zones will ensure that the area is not built
beyond the service capabilities and environmental limitations
of the area. sire protection will be available from the
Kalispell Fire Department and waterproofing will be required
for any new development in the floodplain. As previously
described, the "annexation" improvements will further contri-
bute to the health and safety of the area's residents.
4. Will the requested zone change promote the health and
general wel are?
The proposed zoning will promote the health and general
welfare of the city's residents. The zoning is consistent
with the Master Plan, which is a measure of general public
interest. The zoning will ensure orderly growth and development
and protection of individual interests. The proposed zoning
will complement the zoning of adjoining properties and reflect
the existing character of the affected properties. Public
services can be provided at a reasonable cost due to the
availability of grant monies.
5. Will the requested zone provide for adequate light and
air?
The bulk and dimensional requirements of the proposed zoning
classification will ensure adequate light and air. The
zoning will maintain the existing development pattern of the
area and will be substantially similar to the existing zoning.
6. Will the requested zone prevent the overcrowding of
land?
Overcrowding of the land is a function of many variables but
it can generally be considered as a condition that exists
when developed facilities exceed the carrying capacity of
the land and/or necessary services. The proposed R-4 zoning
limits maximum lot coverage to 40% and the service infra-
structure is being upgraded to accommodate any development
that could be associated with that district. The R-1 zoning
will provide for a lower density of development in an area
that has severe environmental limitations.
7. Will the requested zone avoid undue concentration of
people?
Concentration of people is a function of land use density.
The proposed zones regulate both density of development and
uses. The zoning will ensure that the density of development
does not exceed the availability of services. .The change of
zoning from "county" to "city" does not constitute a change
in anticipated density since the classifications between the
two jurisdictions are essentially identical.
8. Will the requested zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and other
public requirements?
The proposed zone will have no direct relationship to the
provision of public services. However, improvements to the
water, sewer, roads, and storm drainage facilities of the
area will be necessary before the development potential of
the area, as otherwise permitted by the zoning, can be fully
achieved. The planned infrastructure improvements for the
area will be sufficient to accommodate these needs.
9. Does the re uested zone ive consideration to the Rarticular
suitaD111ty o the Rro ert for Darticu ar uses?
The proposed zoning will not encourage or otherwise promote
a change in the existing residential character of the area.
The existing and proposed service infrastructure make the
area highly conducive to residential uses. Environmental
limitations will limit some properties to agricultural uses.
10. Does the re uested zone ive reasonable consideration
to the character of the district?
The general character of the adjoining properties to the
north is "urban residential". The adjoining property on the
south is mostly rural/agriculture. The properties subject
to the zoning exhibit urban residential characteristics north
of Sunnyside Drive and rural characteristics south of that
road. The proposed zones of R-4 and R-1 will distinguish
between those two existing characters.
11. Will the ro osed zone conserve the value of buildings?
The proposed zoning will help maintain the value of the
properties since it will serve to maintain the residential
character of the area and prevent intrusion of incompatible
uses.
12. Will the re luested zone encoura e the most a ro riate
use of the land throu hour the munici alit ?
The Kalispell City -County Master Plan indicates that this
area, when considered on a citywide basis, is best suited
for residential uses. The area physically adjoins a residential
neighborhood and the provided public services are designed
to accommodate residential uses of a scale anticipated by
the zoning.
ROW 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
escribed in Exhibit "A", attached hereto, 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 -Treasurer 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 -Treasurer, 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 as follows:
Residential, R-4, for all annexed territory situated
north of the centerline of Sunnyside Drive.
Residential,R-1, for all annexed territory situated
south of the centerline of Sunnyside Drive.
SECTION IV. This Resolution shall be effective thirty (30)
days trom and after its final passage by the City Council
acid approval by the Mayor.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 4th
DAY OF APRIL, 1988.
)eundersigned,
n ' Ed" Kennedy J .AIM-ayor
ATTEST: I, t City Clerk of the City of
Kalispell, certify that the foregoing is a true
copy of the Resolution passed by the City
Council of the City of Kalispell, Montana at a
_regular meeting held
City Clerk -Treasurer
City Clerk of the City of Kalispell
� Z;XIIIliTT "A"
SOUTHWEST ADDITION TO KALISPELL
DESCRIPTION OF LAND TO BE ANNEXED TO THE CITY OF KALISPELL
A portion of the SWI SEA and SEA SE# of Section 18, Township 28
North, Range 21 West, P.M.M. and a portion of the NEI NW} and NWJ
NE} of Section 19, Township 28 North, Range 21 West, P.M.H., Flathead
County, Montana, described as follows:
Beginning at the northeast corner of Lot l of Sunny Side
Park, a plat of which is on file in the Office of the
Clerk and Recorder of Flathead County, Montana, thence
southerly on and along the easterly boundary line of
said Lot 1 to the southeast corner of said Lot 1, thence
westerly on and along the southerly boundary line of
said Lot I to its intersection with the northeast corner
of Lot I of Western Acres, a plat of which is on file
in the Office of the Clerk and Recorder of Flathead
County, Montana, thence southerly on and along the
easterly boundary line of Lots 1 thru 7 of Western Acres
to the beginning of a 25 foot circular curve on the
easterly boundary line of Lot 7 of Western Acres, thence
continuing southerly on the same bearing to the inter-
section with the section line common to Sections 18
and 19, Township 28 North, Range 21 West, P.M.M..
thence westerly on and along said section line to the
northwest corner of the tract of land described in " .
Reception Number 84 145 16180, Records of Flathead County,
Montana, thence southerly on and along the westerly
boundary line of said Tract .a distance of 100 feet,
thence easterly and parallel to the section line common
to Sections 18 and 19 to the intersection with the
westerly boundary line of South Meadows Drive as shown
on the plat of South Meadows, a plat of which is on file
in the Office of the Flathead County Clerk and Recorder,
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thence northerly on and along the westerly boundary line
Of South Meadows Drive a distance of 100 feet to its
intersection with the section line common to Sections 18
and 19, thence easterly on and along said section line
to its intersection with the northwest corner of the
tract of land described in Book 557, Page 944, Records
of Flathead County, Montana, thence southerly on and
along the westerly boundary line of said tract to the
southwest corner of said tract, thence easterly on and
along the southerly boundary line of said tract to its
intersection with the westerly boundary line of the tract
of land described in Reception Number 8727411340, Records
of Flathead County, Montana, thence southerly on and
along said westerly boundary line to the southwest corner
of said tract, thence easterly on and along the southerly
boundary of said tract to its intersection with the
westerly boundary line of Lot 2 of the Insteness
Subdivision, a plat of which is on file in the Office
of the Clerk and Recorder of Flathead County, Montana,
thence northerly on and along said westerly boundary
line to its intersection with the southwest corner of
Lot 1 of the Insteness Subdivision, thence easterly on
and along the southerly boundary line of said Lot 1 to
the..'southeast corner of said Lot 1, thence easterly and
parallel to the section line common to Sections 18 and
19 to the centerline of Ashley Creek, thence northwesterly
on and along the centerline of Ashley Creek to its
intersection with the section line common to Sections 18
and 19, thence westerly on -and along said section line
to a point 100 feet easterly from the easterly
boundary line of the tract of land described in Book 240,
Page 161,Records of Flathead County, Montana, thence
northerly and parallel to the easterly boundary line
of the tract of land described in Book 240, Page 161,
to the intersection with the northerly boundary line of
v Page 3 of 4
' the tract of land described in Reception Number 8517012100,
Records of Flathead County, Montana, said point of
intersection being 100 feet easterly from the easterly
boundary line of the tract of land described in Book 240,
Page 161, thence easterly on and along the northerly
_
boundary line of the tract of land described in
Reception Humber 8517012100 to its intersection with
the westerly boundary line of the tract of land described
in•Book 646, Page 11, Records of Flathead County,
Montana, thence northwesterly -on and along the westerly
boundary line of said tract of land to the northwest
corner of said tract of land, thence easterly on and
along the northerly boundary line of said tract of land
to its intersection with the southeast corner of the
tract of land described in Book 276, Page 155, Records
of Flathead County, Montana, thence northerly on and
along the easterly boundary line of said tract to its
intersection with the southwest corner of the tract of
land described in Book 700, Page 742, Records of Flathead
County, Montana, thence easterly on and along the southerly
boundary line of said tract of land to the southeast
corner of said tract of land, thence northerly to the
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northeast corner of the tract of land described in
Reception Number 8703016230, Records of Flathead County,
Montana, thence westerly on and along the northerly
boundary line of said tract of land to its intersection
with the southeast corner of the tract of land described
in Book 399, Page 406, Records of Flathead County,
Montana, thence northerly on and along the easterly
boundary line of said tract to the northeast corner of
said tract, said northeast corner being on the northerly
boundary line of the SE}, SE} of Section 18, Township
28 North, Range 21 West, F.M.M., thence westerly on and
along said northerly boundary line to the northeast
corner of the SW} SEI of Section 18, Township 28 North,
Range.21 West, P.M.M., thence westerly on and along
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the northerly boundary line of said SKI, SEI of Section 18
to the northeast corner of Ressler's Addition to Kalispell,
a plat of which is on file in the Office of the Clerk and
Recorder of Flathead County, Montana, thence southerly
on and along the easterly boundary line of Ressler's
Addition to the southeast corner of Ressler's Addition,
thence westerly on and along the southerly boundary line
of ReSsler's Addition to the southwest corner of
Ressler's Addition, thence northerly on and along the
westerly boundary line of Ressler's Addition to the
northwest corner of Ressler's Addition, said northwest
corner being on the northerly boundary line of the SW} SEI
of Section 18, Township 28 North, Range 21 West, P.M.M.,
thence westerly on and along said northerly boundary line
to the point of beginning, said point of beginning being
the northeast corner of Lot l of Sunny Side Park.
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