Resolution 3876 - Annexation - North Meridian Add. 227RESOLUTION NO. 3876
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 NORTH MERIDIAN ADDITION NO. 227; 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 56.13, 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 proposed RA-1 zoning classification is in substantial
conformance with the High Density Residential 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 property is currently developed with
single family dwellings. The proposed RA-1 zoning classifi-
cation will allow these existing uses to continue as
conforming land uses. Therefore it is doubtful that the
proposed zoning will promote or otherwise encourage a change
in land use for the properties. The traffic situation
should 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. At present, the
properties do not exhibit 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.
The zoning should not stimulate growth beyond the service
capabilities of the City.
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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 an urban residential neighborhood.
6. Will the proposed zone prevent the overcrowding of
land?
The maximum permitted lot coverage in an RA-1 zoning classifi-
cation is 40-45%. This will help ensure the adequate
provision of open space.
7. Will the proposed zone avoid undue concentration of
people?
The proposed zoning will help maintain the existing resi-
dential character of the properties. However, in the event
that higher land use densities are proposed, the zoning
regulations provide a mechanism to ensure review of all
proposals and this will help ensure that the carrying capacity
of the property is not exceeded.
8. Will the proposed zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and
other public requirements?
Again, the proposed zoning classification will probably
not stimulate a change in the existing land uses of the
properties. Therefore, no additional impacts to public
services is expected. In the event that additional develop-
ment is proposed in the future, review mechanisms are in
place to consider impacts to public services and facilities.
9. Does the proposed zone give consideration to the
particular suitability of the property for particular uses?
The subject territory has frontage on North Meridian Road
and then extends towards the highway and generally lacks
an improved interior road system to the most easterly
properties. Because of these limitations, residential uses,
as opposed to commercial or industrial uses, are probably
best suited to the property.
10. Does the proposed zone give reasonable consideration
to the character of the district?
The surrounding area exhibits a varied land use composition.
Uses in the general area include medical clinics, residential
dwellings, a school, automotive repair businesses, and a
package delivery business. A large land area to the north
of the subject property is currently vacant and similarly
zoned RA-1. North Meridian Road and the lack of an improved
drainage system pose as severe constraints to the development
of this area. A commercial or industrial classification
would frustrate problems with Meridian Road and drainage
in the area.
11. Will the proposed zone conserve the value of buildings?
The proposed classification will help protect the property
values of the properties since the existing residential
uses will be conforming to the zoning regulations and any
non -conforming uses will be allowed to continue under "grand -
fathered" status.
12. Will the proposed zone encourage the most appropriate
use of the land throughout the municipality?
The residential classification is consistent with the Master
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 an urban residential neighborhood.
6. Will the proposed zone prevent the overcrowding of
land?
The maximum permitted lot coverage in an RA-1 zoning classifi-
cation is 40-45%. This will help ensure the adequate
provision of open space.
7. Will the proposed zone avoid undue concentration of
people?
The proposed zoning will help maintain the existing resi-
dential character of the properties. However, in the event
that higher land use densities are proposed, the zoning
regulations provide a mechanism to ensure review of all
proposals and this will help ensure that the carrying capacity
of the property is not exceeded.
8. Will the proposed zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and
other public requirements?
Again, the proposed zoning classification will probably
not stimulate a change in the existing land uses of the
properties. Therefore, no additional impacts to public
services is. expected. In the event that additional develop-
ment is proposed in the future, review mechanisms are in
place to consider impacts to public services and facilities.
9. Does the proposed zone give consideration to the
particular suitability of the property for particular uses?
The subject territory has frontage on North Meridian Road
and then extends towards the highway and generally lacks
an improved interior road system to the most easterly
properties. Because of these limitations, residential uses,
as opposed to commercial or industrial uses, are probably
best suited to the property.
10. Does the proposed zone give reasonable consideration
to the character of the district?
The surrounding area exhibits a varied land use composition.
Uses in the general area include medical clinics, residential
dwellings, a school, automotive repair businesses, and a
package delivery business. A large land area to the north
of the subject property is currently vacant and similarly
zoned RA-1. North Meridian Road and the lack of an improved
drainage system pose as severe constraints to the development
of this area. A commercial or industrial classification
would frustrate problems with Meridian Road and drainage
in the area.
11. Will the proposed zone conserve the value of buildings?
The proposed classification will help protect the property
values of the properties since the existing residential
uses will be conforming to the zoning regulations and any
non -conforming uses will be allowed to continue under "grand -
fathered" status.
12. Will the proposed zone encourage the most appropriate
use of the land throughout the municipality?
The residential classification is consistent with the Master
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Plan, which is intended to reflect the "acceptable" distri-
bution 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:
Don Halver, C.M.C.
City Clerk -Treasurer
gh"nenne., Mayor
I, the undersigned, City C1ej,l of the City 01, I�alispeli, certify that t'le
foregoing is a true copy of the Resolution passed by the City Council of the
City of I:alispell, c:loiitcna at a Pegular ;iieeting held --
City Clarl, of the City of Kalispell
EXHIBIT "A"
A tract_ of land in C;overnment. Lot 7 of Section 6, Township 28 North,
Range 21 West, M.P.M., Flathead County, Montana, described as
follows:
Beginning at the Southwest corner of. Balls Addition; thence:
South 85046' Last a distance of 486.73 feet to a point on the West
boundary of Block A of Northridge: Heights; thence
South 1503FIl East along the West boundary of Block A of Northridge
fleights to a point on the North boundary of F3ertschi Addition
No. 75; thence
South 89009' West along the North boundary of Bertschi Addition No.
75, a distance of 94.95 feet to a }point; thence
North 53029' West a distance of. 145.86 feet to a point; thence
North 88034' West a distance of 347.67 feet to the East boundary of
Meridian Road; thence
North 02038' East to the Point of beginning.
EXHIBIT "B"
NORTH MERIDIAN ADDITION
GENERAL. DESCRIPTION:
The subject property i.; located an the east side of the North Meridian Road.
It is situated between the Hall's Addition 432 and the Bertschi Addition h75.
The area is•comprised of less than five (5) lots of which most are in
residential use. The UPS facilities are located to the south and vacant land
occupies the area to the north. U.S. Highway 93 is on the east.
EXISTING SERVICES_:
Water:'
No water mains are located in tile -immediate vicinity.
Sewer:
An eight (g) inch sewer main crosses the length of the
property from west to east and connects to an eight
(3) inch main along North Meridian Road.
Storm Drainage:
Thera 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.
Streets:
The property has frontage along North Meridian Road, a
city street. Access to the interior portion of the
property is via private roads.
Garbage Collection:
Garbage collection is available an a contract basis to
the property from private companies.
Police Protection:
Police jurisdiction is with the Flathead County
Sheri ff`s Department.
Fire Protection: Fire jurisdiction is with a rural Fire District.
ANTICIPATED SERVICE NEEDS:
Water: Water will need to be extended to the property either
south from the vicinity of Lot 4 of Hall's Addition
#32 or water could be extended north from the vicinity
of the intersection of Three File Drive and Meridian
Road.
Sewer: The existing sewer main can adequately serve the
property.
Storm Drainage: A major storm drainage system may need to be built for
this section of the city. It is anticipated that any
improvements to drainage in the area may be
accomplished with future improvements to the roadway.
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Incremental improvements to storm drainage in the area
Hill be accomplished, in part, as raw ground is
developed in a comprehensive fashion.
Streets:
This portion of North Meridian Road was recently
reconstructed to city standards. Access to the
interior of the property heading east toward U.S. 93
will be the responsibility of the freeholders of the
area.
Garbage Collection:
The City of Kalispell will not provide solid waste
disposal service to the annexed territory for a period
of at least five (C) years, consistent with the
provision of 7-2-47336, 11.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.
EXTENSION AND FINANCE
STRATEGIES
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The cost of extending such public services as police and fire protection will
be borne by the entire municipality through tax revenues. Individual
connection to water and sewer mains will be the responsibility of the land
owners in accordance to existing City policies. The cast of extending the
water main to the vicinity of the property will also be borne by those
individuals requesting water service to the property. The entire municipality
will 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 special assessments for that purpose. Comprehensive drainage
improvements may also be accomplished through street reconstruction programs
that might take place in the future. Such a system is not likely to be
constructed for at least ten (10) years. Any special improvement districts
created to finance these type of improvements will be subject to voter
approval.
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NORTH MERIDIAN ADDITION
s - sewer main
W - Water Main
Roads - As shown