Resolution 3867 - Annexation - Buckallew Add. 217RESOLUTION NO. 3867
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 BUCKALLEW ADDITION NO. 217; TO ZONE
SAID PROPERTY RESIDENTIAL, R-3, AND TO AMEND THE CITY ZONING MAP
ACCORDINGLY AND TO DECLARE 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 April 4,
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 §6.13, Kalispell Zoning Ordinance on April 11,
1989 and recommended that the territory be annexed into the City of
Kalispell and be zoned Residential, R-3, 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 May 15,
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
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:
1. Does the proposed zone comply with the master plan?
The proposed R-3 zoning classification is in substantial
conformance with the High Density Residential land use
designation of the Kalispell City -County Master Plan.
2. Is the proposed zone designed to lessen congestion in
the streets?
The proposed R-3 zoning classification will not promote or
otherwise stimulate higher density of uses or more intensive
land uses than currently existing on the properties. Traffic
should improve or remain status quo.
3. Will the proposed zone secure safety from fire, panic
and other danqers?
Upon annexation, the property will be served with City of
Kalispell police and fire protection. The proposed resi-
dential zoning will encourage land uses consistent with
service capabilities of the property. In other words,
given the character of this and adjoining properties, the
public safety aspects can be better served with an R-3
classification as opposed to a more land intensive classifi-
cation such as commercial.
4. Will the proposed zone promote the health and general
welfare?
The proposed residential zone will serve the general public
interest by helping to promote orderly growth and development
consistent with the character of the general area and with
the development capabilities/limitations of the property.
5. will the proposed zone provide for adequate light and
air?
The bulk and dimensional requirements of an R-3 zoning
classification will ensure adequate light and air consistent
with the character of an urban residential neighborhood.
6. Will the proposed zone prevent the overcrowding of
land?
The maximum permitted lot coverage in an R-3 zoning classif i-
cation is 40%. This will help maintain the open space
qualities of residential properties.
7. Will the proposed zone avoid undue concentration of
people?
The land use density of the zone will be restricted to
minimum lot areas of 7,200 square feet. This lot size is
consistent with the character of the adjoining residential
properties.
8. Will the proposed zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks and other
public requirements?
The proposed classificationwill notgenerate amore intensive
land use than what currently exists on the property. No
additional impact to public services is expected.
9. Does the proposed zone give consideration to the par-
ticular suitability of the property for particular uses?
The subject territory is currently comprised of two lots.
A house is located on one lot whereas commercial buildings
are located on the other lot, which are nonconforming.
The latter lot is probably too small to adequately support
most commercial uses and lacks suitable access onto a public
road.
10. Does the proposed zone give reasonable consideration
to the character of the district?
Residential uses dominate the general character of the
area. Any zoning classification other than "residential"
may be incompatible with the surrounding residential uses.
11. Will the proposed zone conserve the value of buildings?
The proposed classification will help protect the property
values of the adjoining residential land uses and will
maintain the nonconforming status of the existing commercial
use.
12. Will the proposed zone encourage the most appropriate
use of the land throughout the municipality?
The R-3 classification will help prevent the intrusion of
incompatible uses into an established residential neighbor-
hood. The residential classification is consistent with
the Master Plan, which is intended to ref lect the "acceptable"
distribution of land uses throughout the municipality.
WHEREAS, on the 3rd day of April, 1989 the City Council of the
City of Kalispell adopted, pursuant to Title 7, Chapter 2, Part 47,
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 "mini -extension
of services plan" for the territory described in Exhibit "B" and by
this Resolution annexed to the City of Kalispell.
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
P—aiT-1—cularly described in EXhibit "A", attached hereto,
shall be annexed to the City of Kalispell and the boundaries
of the City are altered to so provide.
SECTJ ON , I I. Upon the effective date of this Resolution,
the Ci ty-Cl erk-Trea surer Is 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 Flathead
County Clerk and Recorder.
From and after the date of filing of said documents as
prepared by the City C I erk-Trea surer, 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
C i ty of Ka I i spe I I and sha 11 be enti t I ed to the same privi 1 ege s
and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution
shall be zoned as Residential, R-3, and the City of Kalispell
zoning map shall be altered to so provide.
SECTION IV. This
(30) days f rom and
Council and approval
Resolution shall be effective thirty
after its final passage by the City
by the Mayor.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 5TH
DAY OF JUNE, 1989.
ATTEST: ohn "'Ienne y Jr., Mayor
n Halver, C.M.C.
City Clerk -Treasurer
EXHIBIT "A"
A tract of land in the Northeast Quarter of the Northeast Quarter
(NE�4-NE�4) of Section 12, Township 28 North, Range 22 West, M.P.M.,
Flathead County, Montana, described as follows;
Beginning at the Northwest corner of Marsh Manor Addition NO. 18;
thence South 0042t East a distance of 138.50 feet to the Southwest
corner of Marsh Manor Addition No. 18; thence
North 89045' East a distance of Jig feet to the Westerly boundary of
Meridian Road, thence
South 00421 East a distance of 116-50 feet to a point; thence
South 89045' West a distance of 219 feet to the Southeast corner of
Lot 13 of Roseglen Manor Addition No. 118; thence
North 00401 West a distance of 254.8 feet to the Northeast corner of
Lot 15 of Roseglen Manor Addition No. 118; thence
North 89045' East a distance of 100 feet to the Point of Beginning.
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DUCKALLEW ADDITION
S - Sewer Main
W - Water Main
Roads - As Shown
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EX111BIT "B"
BUCKALLEW ADDITION
GENERAL DESCRIPTION:
This property is comprised of two tractia of land located south of Block 7 of
the Adams Addition. One of the lots fronts on Meridian Road whereas the other
lot has no frontage along a public road. Most of the surrounding uses are
re5ideniial in character.
EXISTING SERVICES:
Water: A 16 inch water main follows'llaridian Road.
Sewer: A 15 inch sewer main follows Meridian Road.
Storm Drainage: No developed drainage facilities are in the vicinity
of the property.
Streetst A portion of the subject area has frontage along
Meridian Road.
Garbage Collection: Garbage collection is available an a contract basis to
the property from private companies.
Police Protection: The subject area is within the jurisdiction of the
Flathead County Sheriff's Department.
Fire Protection: Fire protection is available from a rural Fire
District.
ANTICIPATED SERVICE NEEDS:
Water: Water is currently available to the properties from
the 16 inch water main along Meridian Road.
Sewer: The existing sewer main along Meridian Road can
adequately serve needs of the property.
Storm Drainage: A major storm drainage system may need to he built for
this section of the city. Such a system is not likely
to be constructed for at least ten years.
Streets: Street system improvements for Meridian Road, if
necessary, will be accomplished pursuant to the on-
going street maintEnance and reconstruction program of
the city. Routine maintenance such as patching and
snow removal will also be the responsibility of the
city.
Garbage Collection: The City of Kalispell will not provide solid waste
disposal service to the annexed territory for a period
1
of at least five (5) years, consistent with the
provision of 7-2-4736, M.C.A.
Police Protection: The city of Kalispell Police Department will provide
police protection to the property upon annexation.
Fire Protection: The city of Kalispell Fire Department will provide
fire protection to the property upon annexation.
EXTENSION AND FINANCE STRATEGIES
All city services, except solid waste disposal, will be available to the
property upon annexation. The cost of extending such public services as police
and fire protection will be borne by the entire municipality through city tax
revenues. The entire municipality will also share the tax burden for most of
the street maintenance program. Individual connection to.water and sewer mains
will be the responsibility of the landowner's in accordance to existing city
policies. Individual improvements to the neighborhood relative to storm
drainage and lighting will be financed in part by the residents of the entire
municipality and in part by Special Assessments for that purpose. Such special
improvement districts will be subject to voter approval.
1, the undersigned, City Cler1c of, the City of Kallopell, certifY that MUG
foregoing is a true copy of the Resolution passed by the City Counail of' the
City of Kalispell, Z�ofltana at a Vc-gular iaeeting held
City Cloric of tile Ci-ty of Kalispell
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