Resolution 3869 - Annexation - Dry Bridge Add. 219RESOLUTION NO. 3869
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 DRY BRIDGE ADDITION NO. 219; TO ZONE
SAID PROPERTY RESIDENTIAL, R-2, 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 96.13, Kalispell Zoning Ordinance on April 11,
1989 and recommended that the territory be annexed into the City of
Kalispell and be zoned Residential, R-2, 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-2 zoning classification is in substantial
conformance with the Urban 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-2 zoning classification will not promote or
otherwise stimulate higher density of uses or more intensive
land uses than currently existing or anticipated on the
properties. Traffic should remain status quo except as
additional vacant property is developed consistent with
the provisions of the proposed zoning classification. The
existing public road network should have sufficient capacity
to accommodate any additional traffic.
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 resi-
dential zoning will encourage land uses consistent with
the service capabilities of the property. The public safety
aspects can be better served with an R-2 classification as
opposed to a more land intensive residential or commercial
classification. The property, itself, does not exhibit
any extraordinary threats to public safety nor would any
of the permitted uses be expected to create undue threats
to public safety.
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.
Any additional development would be subject to review in
accordance to City regulations that were adopted for the
purpose of serving the general public welfare.
5. Will the proposed zone provide for adequate light and
air?
The bulk and dimensional requirements of an R-2 zoning
classification will ensure adequate light and air consistent
with the character of the existing neighborhood.
6. Will the proposed zone prevent the overcrowding of
land?
The maximum permitted lot coverage in an R-2 zoning classifi-
cation is 30%. This will help maintain the open space
characteristics of a low density residential subdivision.
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 9,600 square feet. This lot size is
intermediate between the large lot sizes of the more rural
tracts and the smaller lot sizes of the higher density
urban tracts.
8. Will the proposed zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and
other public requirements?
The proposed zoning will simply recognize the existing
development pattern of the property. When the original
property was subdivided, impacts to public services including
schools and parks were already considered.
9. Does the proposed zone give consideration to the par-
ticular suitability of the property for particular uses?
The subject property has already been platted into residential
lots. The proposed residential zoning will grandfather
this existing development pattern.
10. Does the proposed zone give reasonable consideration
to the character of the district?
Many of the properties outside the City limits in this
area are comprised of large lots, characteristic of rural
tracts requiring septic tanks. Many of the properties
inside the City limits to the north are characterized by
smaller lots where both water and sewer service are available
to the properties. The subject area is served by City
water but lacks a municipal sewer system. Therefore, larger
lots are required as necessary to accommodate on -site septic
systems. The proposed R-2 zoning classification, which
establishes larger lot sizes, is appropriate to this area
which is a transition from rural lots to urban lots.
11. Will the proposed zone conserve the value of buildings?
The proposed zoning recognizes the existing uses and the
adjoining vacant lands that have already been platted but
not developed. Therefore the zoning will preserve the
residential integrity of this area.
12. Will the proposed zone encourage the most appropriate
use of the land throughout the municipality?
The R-2 classification will prevent the intrusion of incom-
patible uses into an established residential area. The
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residential 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.
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 Residential, R-2, and the City of Kalispell
zoning map shall be altered to so provide.
SECTION IV. This
(30) days from 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:
Don Halver, C.M.C.
City Clerk -Treasurer
,r�e I ��I.
hn "Ed" Kennedf Jr., Mayor
EXHIBIT "A"
A tract of land in the Northwest Quarter of the Southeast Quarter
(NW4SE4) of Section 17, Township 28 North, Range 21 West, M.P.M.,
Flathead County; Montana, described as follows:
Beginning at a point' which is South 33125'00" East a distance of
704 feet frog the Northeasterly corner of Block 256 of Kalispell
Townsite Company.'s Addition No. 8 to Kalispell Montana; thence
South 33040100" West a distance of 100 feet to a point; thence
South 17040100" West a distance of 220 feet to a point; thence
South 11020100" East a distance of 4" feet to a point on the
Westerly boundary of Grandview Ave.; thence along the Westerly
boundary of Grandview Ave.
South 11020' East a distance of. 465 feet to a point; thence
South 17050" East a distance of 478.E feet to a point in the center
of Greenvale Drive; thence
South 89051' East a distance of 173.42 feet to a point; thence
North 0001' West a distance of 20 feet to the Southwest corner of
Lot 5, of Block 3 of Knoll's Addition; thence continuing
North 0001' West a distance of 100 fE!et to a point; thence
North 89051' West a distance of 165.52 feet to the Southwest corner
of Lot 7 of Block 4 of Knoll's Addition; thence
North 17050' West a distance of 52.5 feet to the Southwest corner of
Lot 6 of Block 4 of Knoll's Addition; thence
South 89051' East a distance of 181.72 feet to a point; thence
North 0001' West a distance of 81 feet to the Northwest corner of
Lot 1 of Block 3 of Knoll's Addition; thence
South 89051' East a distance of 123 feet to the Westerly boundary of
Woodland Ave.; thence
North 0001' West a distance of 309.8 feet to the Southeast corner of
Lot 1 of Block 2 of Knoll's Addition; thence
North 31020' West a distance of 797 feet to the point of beginning.
11 the u"der; igneu , City Clej,n oithe City oi' Salispel, erify 11at the
foregoiiig is a true cagy of the Resolution passed by the City Council of the
City of I.aliwpell, at a regular iuee;ting held
City Clark of the City of Kalispell
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1",X1IIBIT "B"
DRY BRIDGE ADDITION
GENERAL DESCRIPTION:
The subject area is bordered an the northeast by Woodland Avenue and on the
east by South Woodland Avenue. It encompasses most of the Knoll's Addition.
Existing uses are primarily single family residential although a large
proportion of the property is currently vacant. A slough and city park:. borders
most of the westerly portion of the property.
EXISTING SERVICES:
Water: An eight (8) water main follows along Woodland Avenue
and a six (6) inch water vain follows along South
Woodland Avenue and terminates near the southwest
portion of the subject property.
Sewer: Sewer service is not immediately available to this
area.
Storm Drainage: No developed drainage facilities are in the vicinity
of the property.
Streets: The property has frontage along Woodland Avenue and
South Woodland Avenue. Interior streets, such as
Memory Lane, Albina Street, and Grandview Avenue have
not yet been constructed.
Garbage Collection: Garbage collection is available to the existing
residences on a contract basis from private companies.
Police Protection: Police protection is available from the Flathead
County Sheriff's Department.
Fire Protection: Fire jurisdiction is with a rural Fire District.
ANTICIPATED SERVICE NEEDS:
Water: The existing water mains can adequately serve the
property having frontage along public roads. Water
vain extensions will be necessary to serve future
development of the vacant property.
Sewer: The existing dwellings are currently connected to
individual septic systems. Future development could
also use this form of sewage disposal. Connection to
the city sewage facilities would require a sewer main
extension from the vicinity of Eleventh Street East
and Woodland Avenue. This would probably require some
sort of small diameter forced main extensions.
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Storm Drainage: New development will be responsible for any required
drainage improvements.
Streets: Street system improvements, if necessary to the
existing public street system, will be accomplished
pursuant to the ongoing street maintenance and
reconstruction programs of the city. Routine
maintenance such as patching and snow removal will
also be the responsibility of the city. Interior roads
not yet constructed will be the responsibility of
those parties involved with the development of the
vacant land.
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--2-4736, M.C.A.
Police Protection: Police protection will be the responsibility of the
city upon annexation.
Fire Protection: Fire protection will be the responsibility of the city
upon annexation.
EXTENSION AND FINANCE STRATEGIES
Upon annexation, police and fire protection will be immediately available to
the properties. The cast of these services will be borne by the entire
municipality through city tax revenues. Connection to the city water system
will continue to be available to everyone having property fronting the public
roads. Water main extensions will be necessary to serve the undeveloped
portion of the property. The cost of this is expected to be borne privately as
the property is developed. Extension of the sewer facilities to the area is
expected to be a shared responsibility between the city and residents of the
area. If possible, sewering this area could be accomplished via an EPA grant.
Individual improvements to the neighborhood relative to stora, 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. The cost of the street
maintenance program for the area as appurtenant to the existing public roads
will be borne by the entire municipality through tax revenues. Any additional
roads necessary to service the interior lots of the area, which are now vacant
and unimproved, will be built at the expense of private developers. These
roads will need to be built to city standards at which point these roads could
be deeded to the city of Kalispell for routine maintenance and up4::eep.
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DRY BRIDGE ADDITION
S - Sewer Main
w - water Main
Roads - As shown