Resolution 3868 - Annexation - County Add. 218RESOLUTION NO. 3868
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 COUNTY ADDITION NO. 218; TO ZONE SAID
PROPERTY PUBLIC, P-1, 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 Public, P-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 56.13, 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:
I. Does the proposed zone comply with the master plan?
The proposed P-1 zoning classification is in substantial
conformance with the Public land use classification of the
Kalispell City -County Master Plan.
2. Is the proposed zone designed to lessen congestion in
the streets?
The proposed P-1 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 remain status quo since the primary use of the
property is not expected to change.
3. Will the proposed zone secure safety from fire, panic
and other dangers?
Upon annexation, the property will be served with City of
Kalispell police and fire protection. The proposed public
zoning will encourage land uses consistent with service
capabilities of the property.
4. Will the proposed zone -promote the health and general
welfare?
The proposed P-1 zoning classification will promote the
health and general welfare of the residents of the City
and the County by reserving an area for general public
use.
5. Will the proposed zone provide for adequate light and
air?
Th6 bulk and dimensional requirements of a P-1 zoning classi-
fication will ensure adequate light and air consistent
with the characteristics of a low density residential area.
6. Will the proposed zone prevent the overcrowding of
land?
The maximum permitted lot coverage in a P-1 zoning classifi-
cation is 45%. This will help ensure the adequate provision
of open space.
7. Will the proposed zone avoid undue concentration of
people?
The P-1 classification is appropriate to such uses as fair-
grounds and public buildings. The subject property is
currently being used for fairground purposes. If this use
continues, then the overall concentration of people on the
property will be minimal except for certain periods of the
year when the County Fair is open to the general public.
8. Will the proposed zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks and other
public requirements?
The proposed zoning classification will help maintain the
status quo of the property. No additional public services
are expected. However, if the use of the property changes
in the future, it is expected that the County will be
responsible for extending such services as water and sewer
to the property. Impacts to schools and parks are not
expected.
9. Does the proposed zone give consideration to the par-
ticular suitability of the property for particular uses?
The property is currently being used as a site for fairground
facilities. The proposed zoning will allow this use to
continue.
10. Does the proposed zone give reasonable consideration
to the character of the district?
The proposed public zone is situated among a variety of
different land uses, including residential and commercial.
In this situation, the P-1 zone is an effective transition
from the more intensive commercial uses to the nearby resi-
dential uses.
11. Will the proposed zone conserve the value of buildings?
The public zoning classification will ensure the continued
operation of the County Fairground and at the same time
have minimal influence on the adjoining properties except
for the occasional events at the property that might attract
considerable traffic.
12. Will the proposed zone encourage the most appropriate
use of the land throughout the municipality?
The public classification is consistent with the Master
Plan, which is intended to reflect the "acceptable" distri-
bution 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.
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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", attached hereto,
shall be annexed to the City of Kalispell and the boundaries
of the City are altered to so provide.
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 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 Public, P-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 5TH
DAY OF JUNE, 1989.
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John "Ed" Kennedy/A., Mayor
ATTEST:
Don- alver, C.M.C.
City Clerk -Treasurer
I, the undersigned, City Clerk of the City of Kalispell, certify that thG
foregoing is a true copy of the Resolution passed by the City Counc-il of the
City of I:alispell, I-Ivntana at a 1,4t.Eular weeting held
City Clark of the City of Xalispell
EXHIBIT "A"
A tract of land in Government Lot 2 of Section 7, Township 28 North,
Ranee 21 West, M.p.M., Plathead County, Montana, described as
follows:
Beginning at the Northwest. corner of Fairgrounds Addition; Lhonce
North to the South boundary of West Wyoming Street-; thence
East along the South boundary of Wyoming Street a distance of 999.75
feet to a point on the West boundary of 7th Ave. W.N.; thenccY
South a distance of 680.8 feet to a point on the South boundary of
Covernme n t foot 2; Lhence
West along the South boundary of Cover.nment Lot 2 a distance oi-
581. `/ 5 facet to " point on the East boundary of P a Lrground:,
Addition, Lhence
North along the 1:•aS L boundary of Pairgrounds Addition a distance of
170.2 feet to a point; thence
West along the North boundary of Fairgrounds Addition, a distance of
484.4 FOOL Lo the point of beginning.
EXHIBIT "B"
COUNTY ADD I T I 014
GENERAL_ DESCRIPTION:
The subject territory is primarily county owned and associated with the
fairgrounds property. It extends from Meridian Road to Seventh Avenue West
North with the the northerly boundary along West Wyoming Street.
EMISTING SERVICES:
Water: A 16 inch water main follows Meridian Road and a four
(4) inch water main follows Seventh Avenue West North
and West Wyoming Street.
Sewer: A 15 inch sewer main follows Meridian Road. There are
no other nearby sewer mains that can adequately or
efficiently serve the property.
Storm Drainage: There is an existing drainage ditch with a sories of
culverts adjacent to the easterly limits of North
Meridian Road bordering this property. Luring periods
of peal: run-off the ditch flows at, or above,
capacity.
Streets: The property has frontage along Meridian Road, West
Wyoming Street and Seventh Avenue West North. Each of
these streets are public roads.
Garbage Collection: Garbage collection is available on a contract basis to
the property from private companies.
Police Protection: The area is within the jurisdiction of the Flathead
County Sheriff's Department.
Fire Protection: The area is within the jurisdiction of a rural fire
district.
ANTICIPATED SERVICE NEEDS:
Water: Water service is available from the existing water
mains. Extension of water mains may be necessary to
serve some of the interior properties if they are
developed. This will be the responsibility of the
landowner to engineer and finance the extension of
this service.
Sewer: Connection to the city sewer services can be
accommodated along Meridian Road. However, extension
of the sewer main will be necessary to serve most of
the interior properties between Meridian Road and
Seventh Avenue West North. This may be possible with a
gravity feed to the
15 inch
sewer main along
Meridian
Road.
Storm Drainage: Storm drainage improvements
will need
to he
incorporated as the
property
is further developed.
Otherwise storm drainage
improvements on
a more
comprehensive basis
will be
subject to a
special
improvement district
for this
purpose.
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Streets: Most of the property fronts along public roads. The
city of Kalispell will not be responsible for
providing any roads necessary to serve the interior of
the subject property. The need for any future interior
roads must be satisfied by Flathead County in
association with any improvements to the fairground
property. Street system improvements to the public
roads, 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
of at least five (5) years, consistent with the
provision of 7-2-47136, M.C.A.
Police Protection: The city will provide police protection upon
annexation.
Fire Protection: The city will provide fire protection upon annexation.
EXTENSION AND FINANCE STRATEGIES
Any utility extensions necessary to serve the existing or proposed development
within this area will be the responsibility of the landowner. The cost of
extending such public services as police and fire protection will be borne by
the entire municipality through the city tax: revenues. The entire municipality
will also share the tax burden for most of the street maintenance program.
Individual improvements to the property relative to storm drainage and
lighting will be the responsibility of the County who owns the property.
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COUNTY ADDITION
South of wyoming St.)
S - Sewer Main
Sd -- Water Main
Roads - As Shown