Resolution 3873 - Annexation - Heritage Add. 223RESOLUTION NO. 3873
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 HERITAGE ADDITION NO. 223; 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 map of the Master Plan indicates that this area may be
suitable for urban residential or high density residential
land uses. The proposed RA-1 zoning classification would
be in substantial conformance with the latter land use
designation.
2. Is the proposed zone designed to lessen congestion in
the streets?
At present, the subject property is vacant. However, access
to the property is possible from three public roads.
Depending on how the property is developed, it is likely
that the existing road network can adequately accommodate
the additional traffic that might be associated with the
property. It is also expected that traffic impacts will
be considered independently with site plan and subdivision
review as the property is developed.
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. Again, the public
safety aspects of additional development will be considered
pursuant to other development review mechanisms such as
conditional use permits and subdivision review. The natural
features of the property do not pose any obvious threats
to public safety, nor should any of the uses that might be
associated with an RA-1 classification pose any extraordinary
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 new development that might be proposed on the property
will 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 RA-1 zoning
classification will ensure adequate light and air consistent
with the character of this area of the City.
6. Will the proposed zone prevent the overcrowding of
land?
The maximum permitted lot coverage in an RA-1 zoning classifi-
cation is 40-45a. This should be sufficient to maintain
the open space qualities characteristic of the adjoining
developed properties.
7. Will the proposed zone avoid undue concentration of
people?
The land use density of permitted uses in an RA-1 zoning
classification will be restricted in accordance to minimum
lot size requirements, yard requirements, lot coverage
requirements, building height limitations, and by such things
as minimum living space ratios and minimum open space ratios.
Because of this, excess of concentration of people is not
expected.
8. Will the proposed zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and
other public requirements?
The proposed classification will help establish a pattern
of development similar to the properties adjoining to the
north, east, and south. Since the property is not currently
developed, it is difficult to assess the full range of
impacts to public services. Again, impacts to services
will be evaluated during the development review process
associated with subdivision or conditional use regulations.
9. Does the proposed zone give consideration to the partic-
ular suitability of the property for particular uses?
The property is situated in an area that provides medical
services and sites for residential dwellings. It appears
that public services can be extended to the property as
necessary to accommodate either of these types of uses.
10. Does the proposed zone give reasonable consideration
to the character of the district?
Residential and health service uses dominate in the general
area. The proposed zoning would be compatible to the
surrounding zones and any uses developed in accordance to
the RA-1 zoning would compliment the other uses in the
area.
11. Will the proposed zone conserve the value of buildings?
Since the proposed. zoning is compatible with the adjoining
properties, property values should be maintained. The
property will "enjoy" the same uses permitted in the adjoining
properties.
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12. will the proposed zone encourage the most appropriate
use of the land throughout the municipality?
The RA-1 classification will help prevent the intrusion of
incompatible uses into an established residential and medical
service neighborhood. The residential 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 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.
ATTEST:
e _ z-,c
Don Halver, C.M.C. -
City Clerk -Treasurer
EXHIBIT "A"
A tract of land in Government Lot 6 of Section 6, Township 28 North,
Range 21 West, M.P.M., Flathead County, Montana, described as
follows:
Beginning at the Northwest corner of the Corrected Plat of Heritage
Health Center Addition 161; thence
South 4040' West a distance of 330.00 feet to a point; thence
South 85o19' East to the Northwest corner of the Resubdivision of
Simmons Addition No. 78 Amended; thence
South 3033' West along the Westerly boundary of the Resubdivision of
Simmons Addition No. 78 Amended a distance of 660.00 feet to a
point on the North boundary of Sunnyview Lane; thence
North 86012' West to the East boundary of U.S. Highway No. 93;
thence
North 15032' West along the East boundary of U.S. Highway No. 93 to
the South boundary of Heritage Way; thence along said boundary
South 86044' East a distance of 119.08 feet to a point; thence along
said boundary
Southeasterly along a curve to the Northwest corner of that tract
shown on Certificate of Survey No. 9018; thence along said
boundary
Southeasterly along a curve to the point of beginning.
I, the undersigned, City Clerk of the City of ICalispell, certify that tfie
foregoing is a true copy of the fiesolutioa passed by the City Council of the
City of Kalispell, i;ulitana at a r•egular weetirg held
City C1er1: of the City of Kalispell
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EXHIBIT "B"
HERITAGE ADDITION
GENERAL DESCRIPTION:
This property is situated east of U.S. Highway 93, south of Heritage Way,
north of Sunnyview Lane and westerly of Windward lay. This properly is
currently vacant. Adjoining land uses include a health club, medical offices,
and Glacier View Hospital.
EXISTING SERVICES:
Water: A 12 inch water main directs the length of the
property extending from Heritage Way down to Sunnyview
Lane.
Sewer: An eight (8) inch sewer main is located to the south
of the property along Sunnyview Lane. To the east, an
eight (8) inch sewer main follows Windward Way and
extends westerly to the southerly boundary of Heritage
Health Center Addition.
Storm Drainage: Storm drainage is available near the south westerly
portion of the property.
Streets: The property has frontage along U.S. Highway 93,
Sunnyview Lane and Heritage Way.
Garbage Collection: Garbage collection is available on a contract basis to
the property from private companies.
Police Protection: The property is within the jurisdiction of the
Flathead County Sheriff's Department.
Fire Protection: The property is within the jurisdiction of a rural
fire district.
ANTICIPATED SERVICE NEEDS:
Water: Any future development of the property can easily
connect to the existing water main that directs the
length of the property.
Sewer: Development of the property will require extension of
a sewer main, possibly from the area of the Heritage
Health Center Addition or from the area of Sunnyview
Lane. Due to the varied topography of the property, it
is possible that both a gravity and a pump system may
be necessary to adequately serve the property. The
design of the sewer system for the property will be
the responsibility of the developer.
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Storm Drainage: The need for storm drainage improvements will be
evaluated with the development of the property.
However, it does seem possible that connection to the
city storm drain system is possible for the property.
Streets: The need for additional road access to the property
cannot be determined pending future development of the
property. However, at this time, it appears that
access may be possible from at least three e,;isting
public roads. Any internal read systems necessary to
provide access to the property will be the
responsibility of the developer and/or landowner.
Garbage Collection: The City of Kalispell will not provide solid waste
disposal service to the annexed territory far a period
of at least five (5) years, consistent with the
provision of 7-2-4726, M.G.A.
Police Protection: The city of k"alispell will provide police protection
upon annexation into the city.
Fire Protection: Fire protection will be the responsibility of the city
upon annexation.
EXTENSION AND FINANCE STRATEGIES
Any utility extensions necessary to provide service to the property will be
the responsibility of the developer. This would include sewer main extensions,
water main extensions, and storm drainage extensions. Depending upon how the
property is developed, suitable access may be available from such public roads
as Heritage Way, 5unnyview Lane and U.S. Highway 93. Highway access is not
guaranteed. Again, any roads necessary to serve the interior portions of the
property must be built and the cost be borne by the developer. Police and fire
protection and garbage collection will be immediately available to the
property upon annexation. The cost of extending these public services will be
borne by the entiremunicipality through city tax revenues. The entire
municipality will also share the tax burden for most of the street maintenance
program an the public roadh. 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 special assessments for
that purpose. Such special improvement districts will be subject to voter
approval. Individual improvements can also be expected in conjunction with
conditions of subdivision approval.
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IN
IIERITAGE ADDITION
(North of Sunnyview Lane)
S - Sewer Main
W - Water Main
Roads - As shown