Resolution 3826 - Annexation - High Plains Pizza Add. 215RESOLUTION NO. 3826
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 IN LOT 13, BLOCK 3, PHILLIPS ADDITION,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HIGH PLAINS PIZZA ADDITION
NO. 215; TO ZONE SAID PROPERTY NEIGHBORHOOD BUSINESS, B-1, TO AMEND
THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of -Kalispell has received petitions containing
the signaturd" of more than 50% of the resident freeholder electors
within Lot 13, Block 3, Phillips Addition of the City of Kalispell,
requesting that the City of Kalispell annex the territory into the
City, 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 Neighborhood Business, B-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 proposed B-1 zoning classification is compatible with
the mapped and text descriptions of the Kalispell City -County
Master Plan.
2. Is the requested zone designed to lessen congestion in
the streets?
The city zoning classification
county zoning classification so
tial or 'congestion is expected.
is compatible to the existing
no increase in traffic poten-
3. Will the requested zone secure safety from fire, panic,
and other angers?
City services such as police and fire protection and water
and sewer services are adequate to accommodate the uses of a
B-1 zoning classification. However, a fire hydrant will
have to be installed in the vicinity to provide a close and
dependable source of water for the Fire Department in case
of a fire emergency.
4. Will the requested change promote the health and zeneral
welfare?
The proposed zoning will promote orderly growth and development
consistent with the surrounding character of the area and
with the Master Plan. The range of uses permitted by this
classification should not create an undue burden on city
services.
5. Will the requested zone provide for adequate light and
air?
The bulk and dimensional standards of a il B-1 zoning classifi-
cation such as height, setback, and floor area ratios will
ensure adequate light and air for neighborhood commercial
uses.
6. Will the requested zone prevent the overcrowding of
land?
The proposed zoning classification is intended to permit a
limited range of commercial uses that are compatible with
residential neighborhoods. Sufficient services are available
to adequately accommodate the permitted uses without creating
an overcrowed situation.
7. Will the requested zone avoid undue concentration of
eo le.
No permanent population of people will be associated with
the proposed classification since residential dwellings are
not permitted uses. The permitted commercial uses are "low
intensity" and should not attract excessive numbers of people.
8. Will the re uested zone facilitate the adequate rov
,ision
of transportation, water sewerage. sc oo s, ar san of er
u lic requirements?
Many of the public services are currently available to the
property such as electricity, telephone, and roads. Sewer
will need to be extended to the property to accommodate uses
that might locate on the premises. Extension of the sewer
and installation of a nearby fire hydrant will facilitate
development of other properties in the vicinity. The B-1
classification, however, will have a minimal effect on the
demand for schools and parks.
9. Does the re uested zone give consideration to the Particular
suiLtR_ t of the Property for particular uses?
The property is ideally suited to light commercial uses. it
fronts on a "collector" street and it has been used previously
for a business location.
10. Does the requested zone give reasonable consideration
to the character of thedistrict?
The proposed B-1 classification is appropriate to the area
given.the city park on the west and the residential subdivision
on the east. The B-1 classification is a lower intensity
zone that should be compatible with the surrounding land
uses.
11. Will the ro osed zone conserve the value of buildings?
The proposed B-1 classification will complement the integrity
of the park/residential interface. This should help protect
adjoining property values by preventing the intrusion of
non -compatible uses.
12. Will the requested zone encourage the most appropriate
use of the and throughout the municipality?
The Kalispell City -County Master Plan indicates that this
area, when considered on a city-wide basis, is best suited
to neighborhood commercial uses. The Plan distinguishes
between Neighborhood, Highway, and General :.Commerci-al_'-
districts. Based on the character of the area, location,
and mix of uses, the proposed zoning classification is appro-
priate to this area.,
II
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALI SPILL AS, FOLLOWS :
SECTION I. That all the real property as is more particularly
descri ea above, shall be annexed to the City of Kalispell
and the boundary of the City is altered to so provide,
subject to the following conditions:
I. That the water main be extended as necessary to install
a fire hydrant at the intersection of Woodland Park Drive
and Conrad Drive. This requirement can be accomplished on a
cost -sharing basis with the parties seeking annexation on
Lots 14, 15 & 16, Phillips Addition.
2. That the sewer main be extended to provide service to
the lot.
3. That these improvements, including the sewer and water
main extensions and the fire hydrant, be installed in accordance
to all applicable City construction codes with the cost of
said improvements to be borne by the petitioner.
4. That any construction on the property be accomplished in
full compliance with the building, mechanical and plumbing
codes of the City of Kalispell.
5. That all delinquent taxes be paid prior to annexation.
6. That all individuals, parties, or others having a legal
interest in the property consent to said annexation.
7. That the parking area of the business be paved.
b. That the properties not be annexed pending completion of
the required improvements or posting of a utilities extension
agreement, together with a Letter of Credit payable to the
City, to guarantee completion of the water main extension
and fire hydrant within a period of six (6) months following
the effective date of annexation.
SECTION II. Upon the effective irate of this esolution, 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 Neighborhood Business, B-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 3rd
DAY OF October , 1988.
ATTEST:
City Clerk -Treasurer
ohn Ed' Kennedy J ., Mayor