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Resolution 3875 - Annexation - Meridian Tracts 225RESOLUTION NO. 3875 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 MERIDIAN TRACTS ADDITION NO. 225; 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 "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 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 S6.13, 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 designation of the Kalispell City -County Master Plan. 2. Is the proposed zone designed to lessen congestion in the streets? The proposed R-3 zoning classification will help to maintain an acceptable level of traffic on Meridian Road. In the absence of more substantial improvements to Meridian Road, a more intensive land use classification may create congestion on Meridian Road. Since a large portion of this area is undeveloped at this time, traffic impacts will be considered in conjunction with all development proposals. 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 service capabilities of the property. In other words, given the character of this and adjoining properties, the public safety aspects can be better served with an R-3 classification as opposed to a more land intensive classifi- cation, such as commercial. The property does not exhibit any extraordinary threats to public safety at this time nor should the anticipated uses of an R-3 district pose any undue threats to public health and safety. 4. Will the proposed zone promote the health and general wp I f A rt-) 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. The general public welfare will be further served (if addi- tional development is proposed) via regulations that have been adopLed tot L-Ite put'pose of projecL review. 5. Will the proposed zone provide for adequate light and air? The bulk and dimensional requirements of an R-3 zoning classification shall ensure adequate light and air consistent with the character of an urban residen tial 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 values of a residential neighborhood. 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 nearby residential properties. 8. Will the proposed zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The development potential of the proposed zoning classifi- cation should not exceed the carrying capacity of the area relative to the natural conditions and to the public service capabilities. As additional properties develop, sewer and water services will need to be extended to those properties and will be subject to individual review. Subdivision review will speak to other such concerns as schools and parks. 9. Does the proposed zone give consideration to the par- ticular suitability of the property for particular uses? The properties are characterized by narrow and deep lots with frontage on Meridian Road. Any development proposals would have to include consideration of providing interior roads. Due to the proximity of other residential neighbor- hoods and the existing traffic situation on Meridian Road, the property seems best suited to residential type uses. 10. Does the proposed zone give reasonable consideration to the character of the district? Existing uses on the properties include at least three houses and one carpet cleaning business. Other nearby uses include a Circle K, a UPS facility, and a residential neighborhood. Although there are a variety of uses in the area, residential seems to be the predominate use. 11. Will the proposed zone conserve the value of buildings? The existing residential dwellings on the properties will continue as conforming uses, whereas the carpet cleaning use will continue as a non -conforming use as it is currently considered under the provisions of the Flathead County Comprehensive Zoning Regulations. 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 area that is primarily residential in character. The residential classification is consistent with the Master Plan, which is intended to reflect the "acceptable" distribution of land uses throughout the muni- cipality. 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 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 C I erk-Trea surer, 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-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. goh-n"Ed" Kenned,9'Jr., Mayor ATTEST: Z4, Don Halver, C.-M.C. City Clerk -Treasurer 1, the uadersigned, City of the City of Kalizgells certify that tile foregoing is a true COPY Of the Resolution pas5ed by the City Council of the City of Kalispell, I-1011tana at a re&ular jaeeting held City Clark of the City of Kalispell EXHIBIT "A" A tract of land in Government Lot I of Section 7, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Northwest corner of Addition No. 29, Meridian Road Circle K; thence North to a point on the North line of Government Lot 1; thence East a distance of 720 feet more or less Lo a point on the West boundary of Highway No. 93; thence Southeasterly along tile West boundary of Ifighway No. 93 to the Northeast corner of that tract of land described on Certificate of Survey No. 3503; thence continuing along the Westerly boundary of Highway No. 93 in a Southeasterly direction through a central angle of 13"07'34" an arc length of 347.04 feet to the Northeast corner of that tract of land described on Certificate of Survey No. 3519; thence in a Southeasterly direction through a central angle of 131105'19" an arc length of 345.51 feet to a point; thence leaving said Highway t�lw South 00135'13" East a distance of 31.81 feet to a point; thence North 89*38'41" West a distance of 121-32 feet to a point; thence North 89122'21" West a distance of 263.22 feet to the Northwest corner of Lot 7 of Underhill Subdivision No. 2; thence South to the Northeast corner of Lot 6 of Block 2 of Underhill Subdivision; thence West a distance of 695 feet to a point on the East boundary of Meridian Road; thence North 00071 West a distance of 711.60 feet to the Southwest corner - of Addition No. 29 Meridian Road Circle K; thence East a distance of 140 feet to the Southeast corner of Addition No. 29 Meridian Road Circle K; thence North a distance of 125 feet to the Northeast corner of AdditLon No. 29 Meridian Road Circle K; thence West a distance of 140 feet to the point of beginning. I-- EXHIBIT "B" HERLDIMLTRACTS GENERAL DESCRIETION: This large county 'island' extends east from Meridian Road to U.S. Highway 92. The northerly perimeter extends to the area of Three Mile Drive and the southerly perimeter is located northerly of Arizona Street. Much of this property is currently vacant. Surrounding land uses include a Circle K store and various single family dwellings near the southerly perimeter of the property. EXISTINP_SERVrCES. W - ater: A 16 inch water main follows the entire westerly length of the property. Other nearby water mains include a six (6) inch main that follows Underhill Court and Arizona Street. Sewer: A 15 inch sewer main follows the property along Meridian Road. An eight (3) inch sewer main is al5o located along a portion of Arizona Street. Storm Drainage: There is an existing drainage ditch with a series of culverts adjacent to the easterly limits of North Meridian Road bordering this property. During periods of peak run-off the ditch flows at, or above capacity. I Streets: The entire westerly perimetel- of the property has frontage along Meridian Road. On the east, U.S. Highway 53 Provides some frontage but acciess is probably not feasible from that point. 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. kN_I�ICIPAIEDSERVICENEEDS: Water: The existing 16 inch water main along Meridian can adequately serve the water demanas for the property. However, extension of the water to properties interior to Meridian Road will be the responsibility Df individual landowners and/or developers of the property. I Sewer: Connection to the 15 inch sewer main along Meridian Road is the practical means to service the sewage needs of the property. Again, any a,.-Jension necessary to provide sewer needs to the interior properties will be the responsibility 04 individual landowners and/or developers. Storm Drainage: A major storm drainage system may need to be constructed for this section of the city. Such a system is not likely to be constructed for at least ten years. Streets: Access to the property is possible from Meridian Road. However, due to the large area involved, it is likely that at some point in the future, an internal road system may be necessary. The responsibility for building this internal read system will be the responsibility of individual landowners and/or developers. Routine maintenance of Meridian Road and any other public streets that serve the property will be the responsibility of the City. Street system improvements, if necessary, will be accomplished pursuant to the on -going street maintenance and reconstruction programs of the city. 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) year5, 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. EXTE14SION AND FINANCE STRATEGIES The responsibility and cost of extending any water, sewer or storm drainage systems to individual properties wil-I be that of the landowners' and/or developers. The cost of extending"such public services as police and fire protection will be borne by the entire municipality through city tax revenues. The entire municipality will also share the tax burden for most of the public street maintenance program. Individual improvements to the neighborhood relative to slorm 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. I Nook a I .m c bm 4. 6W t P. Oil dr wad IN. a a L>-,- 07 1-1PRIT)TAN TRACTS S - Sewer Main W - Water Main Road--, - As shown -A