Resolution 3870 - Annexation - 18th St Add. 220RESOLUTION NO. 3870
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 EIGHTEENTH STREET ADDITION NO. 220; TO
ZONE SAID PROPERTY GENERAL BUSINESS, B-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 §6.13, Kalispell Zoning Ordinance on April 11,
1989 and recommended that the territory be annexed into the City of
Kalispell and be zoned General Business, B-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 B-2 zoning classification is in substantial
conformance with the Commercial land use designation of
the Kalispell City -County Master Plan.
2. Is the proposed zone designed to lessen- congestion in
the streets?
Most of the subject properties are already occupied by
developed facilities. The proposed zoning classification
should not alter the characteristics of this area and there-
fore it can be expected that traffic volumes and/or traffic
patterns will remain essentially the same as currently
existing.
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 property itself
does not exhibit any extraordinary threats to public safety
nor should the anticipated uses of a B-2 district pose any
undue threats to public health and safety.
4. will the proposed zone promote the health and general
welfare?
The proposed commercial zone will serve the general public
interest by helping to promote orderly growth and development
consistent with the general character of the surrounding
properties and with the development capabilities/limitations
of the property. Any additional development on the properties
will be subject to City regulations that have been adopted
for the purpose of serving the general public welfare.
5. Will the proposed zone provide for adequate light and
air?
Adequate light and air should be ensured through regulations
of the zoning ordinance that place restrictions on building
height and other site features such as off-street parking
requirements.
6. Will the proposed zone prevent the overcrowding of
land?
In the case of a B-2 zoning classification, building size
is often regulated by the amount of required off-street
parking. Ground coverage could conceivably approach 90%
on some lots but only a portion of that coverage will be
occupied by the actual building.
7. Will the proposed zone avoid undue concentration of
people?
In a general business district, concentration of people is
likely a function of the type of business and the operating
hours of that business. This B-2 zone is not expected to
have any more people than can be expected in the adjoining
properties that have similar zoning.
8. Will the proposed zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and
other public requirements?
As earlier indicated, most of the subject properties have
already been developed. Commercial development is not
expected to have a substantial impact on school enrollment
or public parks. Any additional development on the properties
will be subject to review which will include consideration
of improved access and extension of water and sewer
facilities.
9. Does the proposed zone give consideration to the par-
ticular suitability of the property for particular uses?
At present, a variety of different uses occupy the subject
area. The property is not well served by water and sewer
services at this time but can be adequately served by
these utilities if extended to the properties. Commercial
zones typically require efficient and convenient public
access and in this case, the subject properties are conven-
iently located in an area that has convenient access to U.
S. Highway 93.
10. Does the proposed zone give reasonable consideration
to the character of the district?
General business type uses dominate in this area. The
adjoining zoning classifications reflect this type of land
use. Given the commercial character of the area, the
proposed B-2 zoning classification appears to be appropriate.
11. Will the proposed zone conserve the value of buildings?
The proposed zoning will allow commercial land uses in the
subject area. Any existing uses that may be more intensive
than permitted by this district would be "grandfathered"
under the provisions of the Kalispell Zoning Ordinance.
The value of adjoining land uses would benefit from this
zoning since it will ensure orderly growth and development
of the area and help prevent the intrusion of non -compatible
uses.
12. Will the proposed zone encourage the most appropriate
use of the land throughout the municipality?
The B-2 classification is consistent with the Master Plan,
which is intended to reflect 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 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 General Business, B--2, 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.
hn "Ed" Kennedf trr., Mayor
ATTEST:
Don Halver, C.M.C.
City Clerk -Treasurer
I, the undersigned, City Clark of the City ofKalispell, certify that tiie
f'ore6oing is a true copy of the Resolution passed by the City Council of the
City of Kalispell, Mofitana at a regular i;eeting held
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City Clarl: of the City of 11'lalispall
EXHIBIT "A"
Two tracts of land in the Northeast Quarter of the Northwest Quarter
of Section 20, Township 28 North, Range 21 West, described as follows:
Beginning at a point on the Northerly boundary of the Northeast
Quarter of the Northwest Quarter of said Section 20, a distance of
534.50 feet West of the Northeast corner of said Northeast Quarter
of the Northwest Quarter; thence South 13021' East a distance of
163.12 feet to a point; thence South 76039' West a distance of 55.50
feet to a point; thence North 13021' West a distance of 175.82 feet
more or less to the Northerly boundary of said Northeast Quarter of
the Northwest Quarter; thence South 89033' East a distance of 56.93
feet to the Point of Beginning.
ALSO beginning at the Northeast corner of the Northeast Quarter of
the Northwest Quarter of said Section 20, thence North 89133' West a
distance of 534.50 feet measured along the Northerly boundary of
said Northeast Quarter of the Northwest Quarter; thence South 13021'
East a distance of 163.12 feet to the Point of Beginning of the
parcel of land to be described; thence South 13021' East a distance
of 50 feet to a point; thence South 76138' West a distance of 166.50
feet to a point; thence North 13021' West a distance of 50 feet to a
point; thence North 76139' East a distance of 166.50 feet to the
Point of Beginning..
EXCEPTING Public roads and rights of way;
AND
A tract of land in the NE4NW4 of Section 20, Township 28 North,
Range 21 West, M.P.M., Flathead County, Montana described as follows:
Commencing at the Northeast corner of the NEW4NW4 of said Section
20; thence North 89°44' West and along the northerly boundary line
of the NE4NW4 a distance of 706.0 feet to a point; thence South
13021' East a distance of 207.4 feet to the true point of beginning
of the tract of land being described; thence South 76039' West a
distance of 122.0 feet to a point; thence South 13021' East a distance
of 110.0 feet to a point; thence South 76°39' West a distance of
122.0 feet to a point on the easterly boundary line of the original
U. S. Highway No. 93; thence South 20n42' East and along the easterly
boundary line of said Highway a distance of 140.5 feet to a point;
thence North 76039' East a distance of 226.0 feet to a point; thence
North 13021' West a distance of 249.6 feet to the point of beginning.
EXCEPTING THEREFROM: the following described tract of land.
A tract of land in the NE4NW4 of Section 20, Township 28 North,
Range 21 West, M.P.M., Flathead County, Montana described as follows:
Commencing at the Northeast corner of the said NW4 of Section 20;
thence North 89044' West and along the northerly boundary line of
said NW% a distance of 706.0 feet to a point; thence South 13021'
East a distance of 207.4 feet to the true point of beginning of the
tract of land being described; thence South 13021' East a distance
of 110 feet to a point; thence
South 76039' West a distance of 122.0 feet to a point; thence North
13121' West a distance of 110.0 feet to a point; thence North 76039'
East a distance of 122.0 feet to the point of beginning.
U11IBIT "B„
EIGHTEENTH STREET ADDITION
GENERAL DESCRIPTION:
This area lies south of Eighteenth Street East and east of Third Avenue East.
The type of uses in this area include warehousing facilities, vacant land, and
at least one manufacturing facility. Commercial type uses dominate the
surrounding area.
EXISTING SERVICES:
Water: A six: (6) inch water main follows along Fifth Avenue
East and an eight (3) inch water main follows along
Third Avenue East.
Sewer: The cl❑sest aewer service is an eight (S) inch PVC
main which follows Third Avenue East.
Store, Drainage: No developed drainage facilities are in the vicinity
❑f the area.
Streets: Access to portions of the property are available along
Eighteenth Street East and Third Avenue East.
Garbage Collection: Garbage collection is available an a contract basis to
the property fr❑m 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 needs for the area can be accommodated by the
existing water- mains located in Fifth Avenue East and
Third Avenue fast. Individual extensions of these
mains to servty newly developed properties will be the
responsibility of the private landowner. However, the
city may be responsible fore improving the system to
city standard:; as appurtenant to the individual
service lines to the existing property. A cross
connection will need to be installed to connect the
existing main in Third Avenue East with the existing
main in Fifth Avenue East.
Sewer: Connection to the existing city sewer services can be
accomplished along Third Avenue East. However,
extension of the sewer main will be necessary to serve
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most of the interior properties and the properties
adjacent to Eighteenth Street East.
Storm Drainage: A comprehensive storm drainage system in the area is
not anticipated for at least 20 years. Individual
improvements to storm drainage may be accomplished by
individual landowners in the interim period.
Streets: Street system improvements of the existing public
roads 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.
Any interior roads necessary to provide access to new
development will be the responsibility of the private
landowner.
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: City of Kalispell police protection will be available
upon annexation.
Fire Protection: City of Kalispell fire protection will be available to
the property upon annexation.
EXTENSION AND FINANCE STRATEGIES
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 neighborhood relative to storm
drainage and lighting will be financed in part by the residents of the entire
municipality and in part by spacial assessments for that purpose. Such special
improvement districts will be subject to voter approval. The cost of improving
the water system to the area will be shared by the city and by individual
property owners within the area. Extension of the sewer main will be the
responsibility of private landowners or could be accomplished in conjunction
with a special improvement district.
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EIGHTEENTH STREET ADDITION
South of lath Strut
S - Sower Main
W - Wafter Main
Roads - As Shown