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Resolution 3877 - Annexation - Northwest Tracts 234RESOLUTION NO. 3877 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 NORTHWEST TRACTS ADDITION NO. 234; TO ZONE SAID PROPERTY RESIDENTIAL, R-3, AND PUBLIC, P-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, R-3, for that property described in Exhibit "A-111, and Industrial, I-1► for that property described in Exhibit "A-2", in accordance with the Kalispell Zoning Ordinance and the Kalispell City -County Master Plan, 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 substantial accordance with the Kalispell City -County Master Plan and the Kalispell Zoning Ordinance based upon the following criterion except for the property described in Exhibit "A-2": 1. Do the proposed zones comply with the master plan? The official map of the Kalispell City -County Master Plan indicates land use designations of Urban Residential in the area of Northern Lights, Public in the area of the Junior High School and Pacific Power & Light sites, and High Density Residential in the area of Three Mile Drive and Meridian Road. The Residential R-3 zoning classification would be in substantial conformance with those designations since it permits residential dwellings and public or private schools. 2. Are the proposed zones designed to lessen congestion in the streets? The proposed zoning classifications will not promote or otherwise stimulate high density of uses or more intensive land uses than currently existing on the properties. Traffic should not change to any significant degree. 3. Will the proposed zones 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 will serve to maintain the existing uses of the area and not increase the development potential of the properties beyond acceptable service levels. Inherently, the properties do not exhibit any extraordinary threats to public health and safety. 4. Will the proposed zones 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. A Public, P-1 zoning in the PP&L site will preserve the designation of the Master Plan while at the same time insure the continued use of the vested existing use. No expansion of industrial uses are proposed in the area. 5. Will the proposed zones provide for adequate light and air?' The bulk and dimensional requirements of R-3 and P-1 zoning classifications will ensure adequate light and air consistent with the character of an urban residential neighborhood. Relative to the residential zoning, less light and air is expected in the P-1 zone. b. Will the proposed zones prevent the overcrowding of land? The ,maximum permitted lot coverage in an R-3 zoning classifi- cation is 400. This will help preserve the open space characteristics of residential properties. The P-1 zone will not be expanding beyond the limits of the existing PP&L building. 7. Will the proposed zones avoid undue concentration of people? The land use density of the residential zone will be restricted to minimum lot areas of 7,2.00 square feet. This lot size is consistent with the character of the adjoining residential properties. The number of people should remain constant in the P-1 zone. 8. Will the proposed zones facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other publiic requirements? The proposed classifications will not generate more intensive land uses than what currently exists on the properties. No additional impact to public services is expected in the near future. 9. Do the proposed zones give consideration to the particular suitability of the property for particular uses? The zoning substantially mimics the existinq uses and character of the area. 10. Do the proposed zones give reasonable consideration to -the -character of the district? The primary land use influence in this area is the school property and residential uses. The proposed zoning is largely compatible with the existing uses of the properties and with the surrounding land uses. 11. Will the proposed zones conserve the value of buildings? The proposed classifications will help protect the property values of the adjoining residential land uses and the values of the affected properties by recognizing the existing character of the area. 12. will the proposed zones 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 1 F� the Master Plan, which is intended to reflect the "accept- able" distribution of land uses throughout the municipality. The P-1 zone simply reflects the location of an existing public utility operation. Said use could be more appro- priately located elsewhere in the jurisdiction. 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, R-3, for that property des- cribed in Exhibit "A-111, and Public, P-1, for that property described in Exhibit "A-2", 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: City Clerk-Teeasurer yhnd" Kenne Jr., Mayor I, the undersigned, City Cle!'k of the City of Y.aliapell, certify that tilt foregoing is a true copy of the Resolution passed by the City Council of the City of I.alispell, Y;cntana at a 1'e6ular weetirg held City Clcrk of tk.e City of Kalispell EXHIBIT "A" A tract of land in the South Half of Section 1, Township 28 North, West and in the North, Range 22 West, M.P.M.► North Half. of Section 12, Township 28 Range 22 Flathead County, Montana, described as 1o11ow:;: Beginning at the Northwest corner or uuu ---- Addition; thence of North a distance of 565 feet tothe p Northwest corner of Lot 7, Block 2 of Sunset Addition, t Last a distance of 275 feet ont e Northeast corner of Lot 7 0 Block 1 of Sunset Additi , South a distance of 300 feet to thenceutheast cornence r of Lot 5 ° Block 1 of Sunset Addition, thence Last a distance of 205 feet to a point; South a distance of 430 feet to a paint on the North Boundary o2 of Last a distance of 111.25 3 Mile Drive; thence feectso tthe henceouthwest corner of Lot of Block 2 of Northwest Tra North a distance of 430 feet tst e Northwest corner of Lot 2 of Block 2 of Northwest Trac • ence Last a distance of 105.62 feetract, to he Northeast corner of Lot 2 Block Block 2 of Northwest T North a distance of 900 feet to the Northwest corner of Lot 29 I of Northwest Tracts; thence ner of Lot 13 t cor Fast a distance of 792.3 feet s a °n the etheWest rsboundary of Meridian Block 1 of Northwest Tract Road; thence South a distance of 500 feet to the Southeast corner of Lot 17 Bloc 5o thence 1 of Northwest Tracts; West a distance of 405.6 feet to the thenceea of Lot 19 Sou thwest corner of Lot 17 lock Block 1 of Northwest Tracts; South a distance of 200 feet to the Southwest corn 1 of Northwest Tracts; thence thence East a distance of 405.6 feet to West theSoutheast of Meridian ano Road; 1 0 Northwest Tracts and the Wes the West boundary of Meridian Road to the Northeast South along corner of Lot 2 ofBlock tI theANams Additeast con; rt�ofcLot 17 of Northwesterly along a curve Block 1 of Adams Addition; thence thence Westerly to the Northeast corner oofoLotn2AdBlockn2N°f Sunset Northerly to the Northeast corner Addition; thence inning. West a distance of 115 feet to the Point of Beg 1 EXHIBIT "A-1" A tract of land in the South Half of Section 1, Township 28 North, Range 22 West and in the North Half of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Northwest corner of Lot 2 of Block 2., Sunset Addition; thence North a distance of 565 feet to the Northwest corner of Lot 7 of ' Block 2 of Sunset Addition; thence East a distance of 275 feet to the Northeast corner of Lot 7 of Block 1 of Sunset Addition; thence South a distance of 300 feet to the Southeast corner of Lot 5 of Block 1 of Sunset Addition; thence Vast a distance of 205 feet to a point; thence South a distance of 430 feet to a point on the North Boundary of 3 Mile Drive; thence Last a distance of 111.25 feet to the Southwest Corner of Lot 22 of Block 2 of Northwest Tracts; thence North a distance of 430 feet to the Northwest corner of Lot 22 of Block 2 of Northwest- Tracts; thence Last a distance of 105.62 feet to the Northeast corner of Lot 22 of Block 2 of Northwest Tracts; thence North a distance of 900 feet to the Northwest corner of Lot 29 of Block 1 of Northwest Tracts; thence East a distance of 792.3 feet to the Northeast corner of Lot 13 Block 1 of Northwest Tracts and the West boundary of Meridian Road; thence South a distance of 500 feet to the Southeast corner of Lot 1.7 Block 1 of Northwest Tracts; thence West a distance of: 405.6 feet to the Southwest corner of Lot 1.7 Block 1 of Northwest Tracts; thence South a distance of 200 feet to the Southwest corner of Lot 19 Block I1 of Northwest Tracts; thence _ East a distance of 405.6 feet to the Southeast corner of Lot 19 of Northwest Tracts and the West boundary of Meridian Road; thence South along the West boundary of Meridian Road to the Northeast corner of Lot 2 of Block 1 of Adams Addition; thence Northwesterly along a curve to the Northeast corner of Lot 17 of Block 1 of Adams Addition; thence Westerly to the Northeast corner of Olson Addition No. 2; thence Northerly to the Northeast corner of Lot 2, Block 2. of Sunset Addition; thence West a distance of 115 feet to the Point of Beginning; Excepting therefrom Lot 1 of Pacific Power and Light Addition #17. EXHIBIT "A-2" A tract of land in the SE4 SE4 of Section 1, Township 28 North, Range 2.2 West, M.P.M., Flathead County, Montana, described as follows: Lot 1 of Pacific Power and Light Addition No. 17. 2 U 14 16 27 o o '26 17. 25 24 � O 19 - 7 i 7 23 � -Z, F dl LO co C) Q LE ka 4 5 1 cc Ls 46 C2 2 C22- 24 he IDS 1 i 2h 23 22 21 20 , 110 171 o s C w u 0 D Nr 3 26 2 3 4 14 4 X 25 W. 'A 7 ....... 1 23 22 21 20 9A NO.RTIIKZ�51TRACTS S - Sewer Main W - Water Main Roads - As shown 13 EXHIBIT "A-1" A tract of land in the South Half of Section 1, Township 28 North, Range 22. West and in the North Half of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Northwest corner of Lot 2 of Block 2, Sunset Addition; thence North a distance of 565 feet to the Northwest corner of Lot 7 of Block 2 of Sunset Addition; thence Last a distance of 275 feet to the Northeast corner of Lot 7 of Block 1 of Sunset Addition; thence South a distance of 300 feet to the Southeast corner of .Lot 5 of Block 1 of Sunset Addition; thence East a distance of 205 feet to a point; thence South a distance of 430 feet to a point on the North Boundary of 3 Mile Drive; thence East a distance of 111.2.5 feet to the Southwest Corner of Lot 22 of Block 2 of Northwest Tracts; thence North a distance of 430 feet to the Northwest corner of Lot 22 of Block 2 of Northwest Tracts; thence Last a distance of 105.62 feet to the Northeast corner of Lot 22 of Block 2 of Northwest Tracts; thence North a distance of 900 feet to the Northwest corner of Lot 29 of Block 1 of Northwest Tracts; thence Last a distance of 792.3 feet to the Northeast corner of Lot 13 Block 1 of Northwest Tracts and the West boundary of Meridian Road; thence South a distance of 500 feet to the Southeast corner of Lot 1.7 Block 1 of Northwest Tracts; thence West a distance of 405.6 feet to the Southwest corner of Lot-- 1.7 Block 1 of Northwest Tracts; thence South a distance of 200 feet to the Southwest corner of Lot 19 Block 1 of Northwest Tracts; thence East a distance of 405.6 feet to the Southeast corner of Lot 19 of Northwest Tracts and the West boundary of Meridian Road; thence South along the West boundary of Meridian Road to the Northeast corner of Lot 2. of Block 1 of Adams Addition; thence Northwesterly along a curve to the Northeast corner of Lot 17 of Block 1 of Adams Addition; thence Westerly to the Northeast corner of Olson Addition No. 2; thence Northerly to the Northeast corner of Lot 2, Block 2 of Sunset Addition; thence West a distance of 115 feet to the Point of Beginning; Excepting therefrom Lot 1 of Pacific Power and Light Addition #.17. EXHIBIT "A-2" A tract of land in the SE4 SE4 of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Lot 1 of Pacific Power and Light- Addition No. 17. EXHIBIT "B" Ng"3THWEST TRACTS ADDITTON GENERAL 1) CRIPTION; The Northwest Tracts Addition is a large area that encompasses residential properties along Northern Lights Boulevard as well as those properties situated between Northwest Lane and Meridian Road and as extending southward to the area of Three Mile Drive. Most of the properties in this area are residential in character- except for the Pacific Power and Light Building located along Meridian Road. SUE NS SERVICES: Water: A six (6) inch water main follows Northern Lights Boulevard in the area of Lots 2-7, Block: 2 of Sunset Addition. An (8) inch water main follows Meridian Road to the vicinity of Lot 4 of Hall's Addition. There is no water service South of that location. Sewer: An eight (S) inch sewer main, extending to a ten (10) inch main is located along Meridian Road. A 12 inch sewer main follows alone Northern Lights Boulevard. Storm Drainage: A natural storm drainage Swale es;:ists within the southerly portion of this area. During periods of peak run-off the ditch flows at, or above, capacity. Streets: The property has frontage, in places, along Meridian Road, along Northwest Lane, along Three Plile Drive, and along Northern Lights Boulevard. Garbage Collection: Garbage collection is available on a contract basis to the property from private companies. Police Protection: This area is within the jurisdiction of the Flathead County Sheriff's Department. Fire Protection: Fire Protection is PI-ovided by a rural fire district at this time. ANTICIPATED SERVICE NEEDS: Water: City water is currently available to the properties along Northern Lights Boulevard. A looped water system will be necessary at some point in the future. Water service will need to be extended to the area of Northwest Lane and to other properties not having frontage along Meridian Road. Sewer: Properties having frontage along Meridian Road will be able to tie in to the sewer main at that location. Those properties interior to Meridian Road and north of Three Mile Drive will not have sewer service pending extension of a sewer main to those locations. It is feasible that an eight (8) inch main can be constructed along !Northwest Lane and Three Mile Drive to a 12 inch sanitary main on Hawthorne. Sewer hookups are feasible at this time to those properties along Northern tights Boulevard. Storm Drainage: A major storm drainage system may need to be built for this section of the city. Such a system is not likely i.o hr- constructed foi- a least lr?n ( IQ) years. However, as individual properties are developed, storm drainage will be a consideration in the approval of the development for those properties. Streets: Street system improvements, if necessary, will be accomplished pursuant to the on -going street maintenance and reconstruction programs of the city. Routine maintenance such as patching and snow removal will also be the responsibility of the city. Any new roads to serve interior properties Will be the responsibility of the private sector. 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) years, consistent with the Provision of 7-2-r1736, 11-C.A. Police Protection: The city of Kalispell police Department will have jurisdiction of this area upon annex=ration. Fire Protection: The city of Kalispell Fire Department will have ,jurisdiction in this area upon annexation. 1 EXTErilSIDN ANq_ FINANCE STRATEEIES The cost of extending such public services as police and fire Protection be borne by the entire municipality through city tax revenues. The entire municipality will also 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. Such special improvement districts will be subject to voter approval. Extension of water and sewer mains will be accomplished upon demand as development occurs in the area. The cost for such extensions will be borne by the individual parties needing these services. 2 I -° ' o A" Y 26 �= 2 3 1 25 a .' 23 22 21 20 9 A 9 N01tTIIVIrST TRACTS S - Sewer Maim W - Water Plain Roads - I\s shown