Resolution 3835 - Annexation - Heritage Place Add 216RESOLUTION NO. 3835
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF
KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN: REAL PROPERTY TO BE
KNOWN AS HERITAGE PLACE ADDITION NO. 216; TO ZONE SAID PROPERTY RESIDENTIAL APART-
MENT, RA-1, AND TO AMEND TEE CITY ZONTNG MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, on January 19, 1.989, the City of Kalispell received a petition
executed by John R. McGill on behalf of Developers Diversified, Ltd., requesting
that certain real property, hereinafter described in Exhibit "A", attached hereto
and for purposes of this Resolution made a part hereof, be annexed into the
corporate boundaries of the City of Kalispell, and
WHEREAS, Developers Diversifiedg Ltd., is the owner of more than 50% of the
property described in Exhibit "A", and
WHEREAS, the Flathead Regional Development Office has made a report on the
annexation/zoning of the territory dated February 7, 1989, 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 .45.01,
Kalispell Zoning Ordinance on February 16, 1989 and recommended that the territory
be annexed into the City of Kalispell and be zoned Residential Apartment, RA-1, in
accordance with the Kalispell Zoning Ordinance and the Kalispell City -County Master
Plan, and
WHEREAS, the City Council of the City of Kalispell held a public hearing,
pursuant to §6.13, Kalispell Zoning Ordinance on March 6, 1989 to consider 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 Offl-ce
and the recorrinendation of the Kalispell City-Coiinty 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 Kali -spell City -
County Master Plan and the Kalispel I Zoning OrdinaTtce based upon the f ol towing
criterion:
1. Does the reguested zo2LrLg �2mRLY wi0i the Master Plan?
The primary test uf determining compliance with the Master Plan is
whether the proposed zoning classification is consi.9tent with the land
use designation assigned to that area by the official map of the
Kalispell City -County Master Plan. For the subject area, the land use
designation is "High Density Residential", which complements the pro-
posed Residential Apartment, RA-1, zoning classification and existing,
development patterns of adjoining properties.
2. Is, the requested zolliLiLgr _designed_ to lessen _E2p�es�Lion in the
streets?
Heritage Way provides the only egress and ingress to the property. At
present, Glacier View Hospital- is the only developed facility using
this particular road. The Residential Apartment, zonin�) classifi-
cation will allow a full range of residential -compatible uses, which
all have varying impacts relative to traffic generation. It is uncertain
at this time whether the development of the property will create. a
significant increase in trips to that road. The full impact of traffic
to Heritage Way and other associated roads will be more fully investi-
gated pursuant to Subdivision review, which will be necessary to C.-,,Ceate
the five (5) acre parcel subject to this annexation request.
3. will the r�,
Luested zone secure safety from fiL�L�. panLc and other
±an,,ers?
The proposed Residential Apartment, RA -I, zoning classification will
be assigned to the property upon �annexation to the city limits of
Kalispell. Annexation of the property will be contingent on the
provisions of adequate utilities to the property such as water and
sewer. Associated with that will be the installation of fire hydrants,
if necessary, and the construction of other services that meet or
exceed City standards. Also upon the annexation, the property will be
within the jurisdiction of the Kalispell Fire Department and the
Kalispell Police Department. Together, these services and facilities
should be adequate to promote public safety.
4. Will the requested change promote the health and general welfare?
The proposed zoning is consistent with the Master Plan, which is a
measure of the general public interest. The zoning will help to
ensure orderly growth and development and separation of incompatible
uses . The proposed zoning will also complement the character of
adjoining properties. This should be in the public interest and promote
the general welfare.
5. Will the requested zone provide for adequate light and air?
The bulk and dimensional requirements of the proposed zoning classifi-
cation will ensure adequate light and air. The zoning will maintain
the existing development pattern of the area.
6. Will the requested zone 2revent the overcrowdin� of land?
Overcrowding of 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 Residential Apartment, RA-1, classification limits maximum
lot coverage to forty-five percent (45%) and the service infrastructure,
such as utilities, is being upgraded to accommodate any development
that might be associated with that district.
7. Will the requested zone avoid undue concentration of 2eople?
Concentration of people is a function of land use density. The proposed
zone regulates both density of development and uses. The zoning,
together with subdivision review, will ensure that the density of
development does not exceed the availability of services.
8. Will the reqt�ested_ zone facilitate the adequate provision of trans-
portation, water, sewage, schools, parks and other public reSuirements?
The proposed zoning will have no direct relationship to the provision
of public services. However, improvements to water, sewer and storm
drainage facilities of the area will be necessary before the development
potential of the property, as otherwise permitted by the zoning can be
fully achieved. The planned infrastructure improvements for the
property, as required for annexation should be sufficient to accommodate
the needs. Depending on the use of the property, there may be no
impacts to public service as schools and parks. Subdivision review
will be able to anticipate the impacts to these public services.
9. Does the requested zone give consideration to the particular suita-
Li�lity�of the property for particular use?
Subject property is mostly flat and the area is highly conducive to
development. A full range of public services will be available to the
property including police and fire protection, water and sewer facil-
ities. Given the nearby hospital uses, this property is probably
particularly suited for uses that would complement the medical facil-
ities in that area. The requested Residential Apartment, RA-1, zoning
classification would permit such complementary uses.
10. Does the requested zone give reasonable consideration to the
character of the district?
The general character of adjoining properties to the east is "Urban
Residential". The adjoining properties to the south are mostly
"Medical/Hospital". The proposed zoning classification of Residential
Apartment, RA-1, for the subject property would allow uses that would
exhibit a blend of either of these two types of adjoining land uses.
11. Will the proposed zone conserve the value of buildings?
The proposed zoning classification should help maintain the value of
properties in the area since it will serve to maintain the residential
and/or medical character. of the surrounding properties and thereby
prevent intrusion of incompatible uses.
12. Will the requested zone encourage the most --appropriate use of the
land throughout the municipality?
The proposed Residential Apartment, RA-1, zoning classification will
promote land uses consistent with the "anticipation" of the Master
Plan and with the surrounding uses. Commercial or industrial classifi-
cations for this particular property would not fit the character of
the area or be consistent with the Master Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. That all of the real property as is more particularly
described in Exhibit "A"IP attached hereto, shall be annexed to the
City of Kalispell and the boundaries of the City are altered to so
provide on the following conditions:
A) The gravity sewer main shall be extended to the property in
accordance to the City of Kalispell Construction standards and policies.
The sewer will terminate at mid -property on Heritage Way as the existing
topography prohibits acceptable gravity service beyond this location.
Further development designed to connect to the termination of the
Heritage Place sewer extension (including lift station, force mains,
etc.) shall do so at their own expense.
B) That fire hydrants be installed in accordance with the Uniform
Fire Code or as otherwise acceptable to the Kalispell Fire Department.
C) That all utilities be located within recorded easements.
D) That the subject parcel be subject to subdivision review.
SECTION II. Upon the effective date of this Resolution, the City
Clerk -Treasurer'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 file said documents
with the Flathed County Clerk and Recorder. From and af ter the date
of the filing of said documents as prepared by the City Clerk -Treasurer,
or on the ef f ective 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 Residential Apartment, RA-1, 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.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 6th DAY OF MARCH,
1989.
-14YOr
ji�" -Ed "' K e n n-e d y J r . , yor
ATTEST:
City Cle'ik-Treasurer
I
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01/17,,89 lo! 18 '2 216 247 5076 DEV DIVERSIFIED
U 06
EXHIBIT
D&SCItIpli-ION
A tract Of lunU in the Southwest 1/4 ol W Nortb4cbt 1/4
(Governmerit Lot 5) anO the Northwest 1/4 of thil SOULhVeLt 1/4
(Covernment Luc 6) Of NctiOn Co I=Lhip 20 NOVLh, RanVe 11 qQqLl
Principal Merldian Montana, Plathe, COUnty Mon=h, aQ moriL-
ruicularly 60ucribed as follows;
Commencing at the PoEt 1/4 corner of section
orth, Range 21 Weut, qMnLhil 2L
K&M-i-thence Ui6ilinQU QL
33M feet tO Lhu inLerLeation ot the LaSL right-ot-Way of U.S.
'J'911way NO- 93 4nd thO North right-oi-way ot heritoagQ Lay; LLencje
W64412C"Ep a 61st4nce Q,142.11 Cult along this Nort.1a right-of-
way Of huritage way; thence thucerly in a CUrVid LO Lhe righL UiLl,
a A W .10904149"o PadiWS u 51011.63 tulDt and Length = lSq.es ient
4100 the NorLh right -of -Way of periCage Way; thonco M01501''Ll,
a a"tance Oi 11.52 teet along the horLh right-oi-uay, 01 UlbrILagi4
Way to the VOint-0too-beginningl thence N404U,21"p, a UittllnLik OL
371-46 feet; thonce S65*19'39"E, a dibLaWO ot 520.00 reCt; thence
U`1040*21% a Wtance of 430,14 feet tO the North rig&L-K-w"y Q
beriLaije.W4y; LhO K5*19139"Wg a distance ot 270.00 Leet 410, tAL
WrLh "ght-o"WaY Of hUritalle haY; LhOnCe Uesterly in a convox -
curve to the right with a A'' 10*441OL'', Radius a 372.91 Vt and
Length a 106.92 001; along the NOW right-of-way ot Leritaoe E4y;
thence a distance of 146-93 foct along Lho North
right-o"Way "'Cage Way, tO the POinL-K-Leginning.
Said tract Contains 5.000 acrez, more or lots, Subject Lo Lnd
tOgOther with all Oa5eqents of records ana an shown herQun.
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