Resolution 3871 - Annexation - 8th St Add. 221RESOLUTION NO. 3871
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 EIGHTH STREET ADDITION NO. 221; TO ZONE
SAID PROPERTY RESIDENTIAL APARTMENT, RA-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 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 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 land use designation of the subject property, according
to the Kalispell City -County Master Plan, is urban resi-
dential. A more compatible land use designation for an
RA-1 classification would probably be "high density
residential".
2 Is the proposed zone designed to lessen congestion in
the streets?
The subject property has frontage along Eighth Street West.
In all likelihood, the existing residential dwelling on
the property will not be replaced by higher residential
uses, such as apartments. In any event, Eighth Street
West can probably accommodate any additional traffic that
might be generated.
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 zoning
classification will not permit uses that cannot adequately
be served with public services or be protected by existing
public safety agencies.
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 RA-1 zoning
classification will ensure adequate light and air consistent
with the character of the adjoining properties.
6. Will the proposed zone prevent the overcrowding of
land?
The maximum permitted lot coverage in an RA-1 zoning class if i-
cation is 40-45%. This will help maintain the open space
qualities characteristic of residential properties.
7. Will the proposed zone avoid undue concentration of
people?
The concentration of people is a function of land use
density. It is expected that the combination of minimum
lot size requirements, setbacks, lot coverage and open
space ratios will limit the use of the property to one or
two dwelling units. This should not constitute an undue
concentration of people.
8. Will the proposed zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and
other public requirements?
The proposed zoning classification will probably not change
the current land use of the property. As such, no additional
impact to public services is expected.
9. Does the proposed zone give consideration to the partic-
ular suitability of the property for particular uses?
The property is currently being used as a site for a
residential dwelling. The proposed zoning classification
will allow this use to continue.
10. Does the proposed zone give reasonable consideration
to the character of the district?
This property is located south of Eighth Street West.
North of Eighth Street West are single family dwellings,
whereas apartment buildings dominate on the south side of
the street. The proposed zoning will allow either single
family or multi -family dwellings on the subject property.
11. Will the proposed zone conserve the value of buildings?
The proposed zoning classification will protect the values
of the existing property and of the adjoining properties.
The proposed zoning is compatible with the existing use of
the property and with the uses of the adjoining properties.
12. Will the proposed zone encourage the most appropriate
use of the land throughout the municipality?
Zoning in this area of the City allows single family and
duplex dwellings as well as apartment buildings. The proposed
zoning fits with this general neighborhood character.
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.
Prom 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 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 5TH
DAY OF JUNE, 1989.
J hn "Ed" Kennedy P—,-Mayor
ATTEST: 7
Don--H-alv&r, C.K.C.
City Clerk -Treasurer
A tract of land in
28 North, Range 21
cribed as follows:
EXHIBIT "A"
the Southeast Quarter of Section 18, Township
West, M.p.M., Flathead County, montanat des -
Beginning at the Northwesterly corner
of Lot A of the Resubdivision, Block
Kalispell No. 172; thence
North 76011' East a distance of 38.42
continuing
i thence
of Lot 1 of the Resubdivision
12 Ijighschool Addition to
feet to the true point of
Deg "" H-3 j
North 760111 East a distance of 150 feet to
South 13048' East a distance of 100 feet to
South 76'111 West a distance Of 150 feet to
North 13048' west a distance of 100 feet to
* point; thence
* point; thence
* point; thence
the point of beginning.
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EXHIBIT "B"
EIGHTH STREET ADDITION
GENERAL DESCRIPTION:
The subject property is comprised of a single lot having frontage on Eighth
Street West near the intersection with Eleventh Avenue West. A house currently
exists on the property. Surrounding land uses include apartments and single
family dwellings..
EXISTING SERVICES:
Water: A six (6) inch water main is located in Eighth Street
West.
Sewer: An eight (8) inch sewer main is located in Eighth
Street West.
Storm Drainage: No developed drainage facilities are in the vicinity
of the property.
Struets: The property has frontage along Eighth Street West, a
city street.
Garbage Collection: Garbage collection is available on a contract basis to
the property from private companies.
Police Protection: Police jurisdiction is with the Flathead County
Sheriff's Department.
Fire Protection: Fire jurisdiction is with a rural Fire District.
ANTICIPATED SERVICE NEEDS:
Water: The existing water main can adequately serve the
property.
Sewer: The existing sewer main can adequately serve the
property.
Storm Drainage: A comprehensive storm drainage system may need to be
built for this section of the city. At present, storm
water run-off is not a critical concern for the area.
A comprehensive system is not e-..-<pected to be built
within the next 20 years.
Streets: Street system improvements, if necessary, will be
accomplished pursuant to the cn-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.
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6arbage 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-q736, M.C.A.
Police Protection: Police protec lion will he the responsibility of the
city upon annexation.
Fire Protection: Fire protection will be the responsibility of the city
upon annexation.
EXTENSION AND FINAJ4CE STRATEGIES
All city services 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. Individual connection to
water and sewer mains will be the responsibility of the landowner's in
accordance to. existing city policies. The entire municipality will also share
the tax burden for most of the street maintenance program. Individual
impro v�' ents to the neighborhood relative to storm drainage and lighting will
be fi0anced in part by the residents of the entire municipality and in part by
Spec4al Assessments for that purpose. Such special improvement districts will
be subject to voter approval.
it the undersigned, City Cieek o, the city of Kal�spell, certify hat t,le
A 0. L
forogoiJng is a true copy of the Resolutioa passed by the City Counoil of the
City Of KalisPell, IIAOLLana at a vegular Lieeting held
City Clark of the Clity of Kalispell
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EIGHTH STREET ADDTTTON
S - Sewer Main
W - Water Main
Poads - As Shown
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