Resolution 3872 - Annexation - Grandview Add. 222RESOLUTION NO. 3872
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLubING THEREIN, AS AN ANNEXATION, CERTAIN
REAL PROPERTY TO BE KNOWN AS GRANDVIEW ADDITION NO. 222; 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 "All 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 S6.13, 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 96-13, 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 Urban Residential land use classifi-
cation of the Kalispell City -County Master Plan.
2. Isthe proposed zone designed to lessen congestion in
the streets?
The proposed R-3 zoning classification will not promote or
otherwise stimulate more intensive land uses than are
currently existing on the property. Traffic should improve
or remain status quo.
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 uses that can
be anticipated under the provisions of an R-3 zoning classif i-
cation should not be subject to any extraordinary threats
from the man-made or natural environment.
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 classifi-
cation is 40%. This will help maintain the open space
qualities that are characteristic 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 publicrequirements?
The proposed classification will allow the existing use of
the property to remain as is ("grandfathered") or it could
allow the development of one single family dwelling on the
property. In either case, no significant additional impacts
to public services is expected.
9. Does the proposed zone give consideration to the partic-
ular suitability of the property for particular uses?
The subject property is not particularly suitable for any
use. Access is not available from U. S. Highway 93 or
Grandview Drive. A 20 foot wide easement through the
Parkview Terrace Subdivision is the only means of access.
A single family residential zoning classification, such as
R-3, is preferred over more land intensive zoning classifi-
cations.
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 zoning will grandfather the existing uses of
the property but at the same time encourage development of
uses that would be compatible with the adjoining properties.
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 I'mini-
extension of services plan" for the territory described in
Exhibit "B" and by this Resolution annexed to the City of
Kalispell.
I
-I
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
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 11. Upon the effective date of this Resolution,
the City C I erk-Trea surer'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 111. 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 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.
ATTEST:
Don ailver, C.M.C.
City Clerk -Treasurer
//`11hn "Ed" Kennedy/r., mayor
EXHIBIT "A"
All that portion of Government Lot 1 of Section 1, Township 28 North,
Range 22 West, M.P.M., Flathead County, Montana lying North of the
North line of Farview East Townhouses No. 187 and South of the
County Road known as Grandview Drive and Easterly of Highway No. 93,
as described in Document No. 88-124-11160, records of Flathead
County, Montana.
EXCEPTING THEREFROM a tract of land described as follows:
Commencing at the Northeast corner of Government Lot 1; thence
South 1'39' West and along the Easterly boundary line of said Lot 1,
a distance of 40.0 feet to a point on the Soutnerly line of a
County Road to the true point of beginning of the tract of land
being described; thence
North 890451 West a distance of 50.0 feet to a point; thence
South 1039' West a distance of 100.0 feet to a point; thence
South 890451 Ea ' st a distance of 50.0 feet to a point; thence
North 10391 East a distance of 100.0 feet to the point of beginning.
EXHIBIT "B"
GRAN.DVIEW DRIVE
GENERAL DESCRIPTION:
The subject territory is situated at the southeast corner of the intersection
of Grandview Drive and U. S. 93 North. The property consists of a publicly
owned tract of land and a privately owned tract of land which is used
primarily as a contractors storage yard at this time.
EXISTING SERVICES:
Water: A six (6) inch water main follows Harrison Boulevard
in Park View Terrace. This main is approximately 150
feet froin the subject territory.
Sewer: Immediately adjoining the property an the east is a
city of Kalispell sewage lift station. A force sewer
main then parallels Highway 93 in a southerly
direction. If the subject property is ever developed,
sewer service would be readily available.
Storm Drainage: No developed drainage facilities are in the vicinity
of the property.
Streets: The only access to the subject property is via a 20
foot easement from Harrison Boulevard. This road
easement is generally maintained by the city of
Kalispell for purposes of maintaining access to the
lift station.
Garbage Collection: Garbage cullection 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 at this time.
ANTICIPATED SERVICE NEEDS:
Waterl Water service would need to be extended from the water
main along Harrison Boulevard. Water service may not
be necessary if the property continues to be used as a
storage area.
Sewer: If required, developed facilities on the property
could be easily linked to the sewer main that crosses
the length of the property.
I, the undersigned, City Clerl., of' the City of Kalizpell, certify Ithat t11G
fore&Oir1g is'a true copy of the Resolution pasaed by the City Council of the
City of yalJZpell, J�ontana at a regular iiieeting held
City ClarL, of tl',e City of ral"JPell
I
I
I -
-I
Storm Drainage: Storm drainage considerations would be based on an
area wide analysis as Opposed to this single tract of
land. Some drainage improvements, if necessary, will
be accomplished in association with any highway or
roadway improvements undertaken by a public agency.
Streets: The private property of the subject territory has no
direct access onto a public road. Current access is
through a 20 foot easement which cannot be improved to
Comply with the city of I,allspall standards for public
roads. No public improvements relative to streets is
anticipated for this property.
Garbage Collection; The City of Kalispell will not provide solid waste
disposal service to the annexed territory for a period
Of &t least five (5) year,.�, consistent with the
provision of 7-2-4726, PI.C.A.
Police Protection: Police protection will be the responsi . bility of the
city upon annexation.
Fire Protection: Fire protection will be the responsibility of the city
upon annexation.
EXTENSrQN AND FINANCE STRATEGIES
Extension of city utilities to the private tract of the subject property will
not be necessary if it continues to be managed as a storage yard. However, in
the event that improvements are made to the property, such as commercial or
residential development, then the water main will need to be extended to the
property and connections made to the existing sewer main. The associated costs
of these extensions will be borne entirely by thi! landowner of the Subject
property. The cost of extending such public services as police and fire
protection will be borne by the entire municipality through the city tax
revenues. Any individual improvements to the neighborhood such as storm
drainage or 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.
2
- a 061140 #ad
Dec Il
LIFT IST
-di
z
CA
0
LU
Mai
M.n
/V
f.&i9vijCvi EAST 7DWjWn0W!bC6:
NO, si67
c c a-j,0jm
"' L
W A H
Pat t4r I
"JIM
)dj
ir
GRANDVIEW DRIVE
3P 4r 2 C'
35
lkftd mMM ""d b-4
4'4t,p
3 3
3 2 4P V41,
PARK 44
31
'4 lCt
41,rI
3 0 %* F�
29
;�7
P L A T 0 V.%
5 4. 4
3
2
GRANDVIEW ADDITION
S - Sewer Main
W - Water Main
Roads - As Shown
I