Loading...
Resolution 3819 - Annexation - Ward Add 214RESOLUTION NO. 3F319 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN PARCELS OF REAL PROPERTY LOCATED IN TRACT 14A, NEI, NEB, SECTION 13, T28N, R22W, P.M.M., TO BE KNOWN AS WARD ADDITION NO. 214 TO ZONE SAID PROPERTY RESIDENTIAL APARTMENT, RA-1, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO SET AN EFFECTIVE DATE. 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 August 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 August 10, 1988 and recommended that the territory be annexed into the City of Kalispell and be zoned Residential Apartment, RA-1, and WHEREAS, the City Council of the City of Kalispell held a public hearing pursuant to §6.13, Kalispell Zoning Ordinance on August 22, 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: 1. Does the requested zone comply with the master plan? The official map of the Kalispell. City -County Master Plan shows a blending of land use designations for the subject area. Industrial is shown to the west and Urban Residential to the south. Given the character of this and adjacent property, Urban Residential is the appropriate designation. The proposed RA-1 zoning classification would be consistent with that designation. 2. Is the requested zone designed to lessen congestion in the streets? --- The proposed zoning classification will not promote a radical change in the current use of the property. Adequate mechanisms in the Zoning Ordinance are in place to ensure review of any proposal to increase density on the property so traffic will not increase unless subsequent reviews indicate that the associated roadways can accommodate the traffic. 3. Will the re uested zone secure safety from fire, panic, and other dangers? Annexation should benefit public safety. Police and fire protection will be available from the City. These and other services can adequately accommodate uses that might be accommo- dated in an RA--1 zoning district. 4. Will the requested zone change promote the health and general welfare? The requested zoning classification will ensure orderly growth and development and be complementary to the surrounding zoning classifications. Any development that might be associated with the zoning district will be built in accordance to City of Kalispell standards and be provided with a full range of public services. The RA-1 zoning district will not create an undue burden on the city services nor pose additional hazards to the general public. 5. Will the requested zone provide for adequate light and air? The requested residential zoning classification will provide more open space than the existing commercial classification through compliance with the bulk and dimensional standards of the RA-1 classification. b. Will the requested zone prevent the overcrowdinE of land? Overcrowding of land will not result in an RA-1 district. The maximum lot coverage is 40% and sufficient utilities and other services are available to the property to serve the current land use density. 7. Will the re uested zone avoid undue concentration of people? Concentration of people is a function of land use density. Overcrowding will be avoided by requiring conditional approval for any development of the property beyond its current density. 8. Will the requested zone facilitate the adequate provision of transportation, water sewerage, schools, parks, and other uric re quirements? The requested zoning district will promote the existing "status quo" for the property. As such, no additional impact to schools, parks, and other similar services is expected. Public health will be promoted by connection to the city sewer facilities. impacts to other public services will be further evaluated during "conditional" review of any additional development of the property. 9. Does the reclilested zone give consideration to the particular suitability of t e ro ert or articular uses? The proposed zoning will allow continuation of the existing uses of the property, which is the desire of the landowner. 10. Does the requested zone give reasonable consideration to the character of the district? The proposed zoning "fits" the character of the surrounding area. It complements the adjoining residential uses and provides an effective transition between nearby commercial and low density residential uses. 11. Will'the proposed zone conserve the value of buildings? The zoning will maintain the current residential status of the property. Furthermore, the zoning will provide a practical development pattern for the area, in general. This will help protect property values on site and in the vicinity. 12. Will the reguested zone encourage the most appropriate use o the lan throu hour t e munici a it ? The subject property is in a transition area between residential and commercial uses. A multi -family district, as proposed, will provide an effective buffer between these different land uses. 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, 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 Residential Apartment, RA-1. 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. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 22ND DAY OF AUGUST, 1988. ATTEST: City Clerk -Treasurer o n "Ed' Kenned r., Mayor EXHIBIT "A" Commencing at a point on the North line of Section 13, Township 28 North, Range 22 West, P.M.M., which initial point is 38 feet West of the Northeast corner of said Section 13, to -wit: At the line of the established public highway between Sections 13 and 18, Township 28 North, Range 22 West, and Township 28 North of Range 21 West, respectively, from said point of commencement running West on the North line of said Section 13, Township 28 North of Range 22 West, to a point 300 feet; thence South on a line parallel to the East line of said Section 13 to the north limit of the right of way of the Great Northern Railway, as the same is established across the Northeast Quarter of Section 13; thence in a Northeasterly direction along said North line of said right of way to the aforesaid public highway between Sections 13 and 18; thence North along the line of said Highway to the Place of Beginning. All of said land being in the Northeast Quarter of Section 13, Township 28 North of Range 22 West, P.M.M., Flathead County, Montana. EXCEPTING THEREFROM the following described tract of land: That portion of the Northeast 4 northeast 1, Section 13, Township 28 North, Range 22 West, Flathead County, Montana, described as follows: Commencing at the Northeast corner of Section 13; then along the North line of Section 13 South 88°37'18" West 33.00 feet to the Westerly line of Meridian Road, a County Road; then along the Westerly line South 30.00 feet to the Point of Beginning; then continuing along the Westerly line of Meridian Road South 30.01 feet to the Northerly line of the Burlington Northern right of way; then along the Northerly line South 75°29'20" West 15.49 feet; then North 33.53 feet to the Southerly line of Appleway Drive; then along the Southerly line North 88°37'18" East 15.00 feet Lo the Point of Beginning. Certificate of Survey No. 2120.