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
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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
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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.
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Roads - As shown
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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.
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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.
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N01tTIIVIrST TRACTS
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W - Water Plain
Roads - I\s shown