Loading...
Resolution 3878 - Annexation - Salish Court Add. 228_"q RESOLUTION NO. 3878 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 SALISH COURT ADDITION NO. 228; 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 §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, 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 Zon.ing 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 not promote or otherwise stimulate higher density of uses or more intensive land uses than what is currently existing on the properties. Traffic should not be affected by the zoning classification. 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. No extraordinary threats to public health and safety are apparent in the area, nor should any of the uses that might be anticipated in an R-3 classification pose any undue threats to public health and safety. 4. 1 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. 5. Will the proposed zone provide for adequate light -and air? The bulk and dimensional requirements of an R-3 zoning classification will ensure adequate light and air consistent with the I character of an urban residential 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 qualities of residential properties. 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 the adjoining residential properties. The proposed zoning will not increase the development potential of the existing properties. 8. Will the proposed zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The proposed classification will notgenerate amore intensive land use than what currently exists on the properties. No additional impacts to public services are expected. 9. Does the proposed zone give consideration to the partic- ular suitability of the property_for particular uses? The proposed zone is intended to mimic the existing character of the properties. 10. Does the proposed zone give reasonable consideration to the character of the district? Residential uses dominate the general character of the area. The proposed zoning reflects the land use and lot size characteristics of adjoining properties and of the subject properties. 11. Will the proposed zone conserve the value of buildings? The proposed classification recognizes the existing land uses of the properties. The zoning will help prevent the intrusion of non -compatible 'uses that may detract from the value of the properties. 12. Will the proposed zone�encourage the most appropriate use of the land throughout the municipality? The residential classif icatio: n is consistent with the Master Plan, which is intended to reflect the "acceptable" distri- bution of land uses throughout the municipality. The subject properties are situated in an�area that is almost exclusively residential. The only appropriate land use classification would be the R-3 classification that already pertains to those properties. 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 1-1 EXHIBIT "All A tract of land in the west half of the Southeast Quarter (WI�SE1) Of Section 1, Township 28 North, Range 22 West, M.p.M., Flathead County Montana, described as follows: Beginning at the southeast corner of Pederson Addition No. 106; thence North 03.0021 East a distance of '300 feet to the Southeast corner of Lot 13 of Block 2 of Sunset Addition; thence West a distance of 115 feet to the southwest corner of Lot 13 of Block 2 of Sunset Addition; thence North 000021 East a distance of 210.5 feet to the Northwest corner of Lot 2 of Block 2 of Sunset Addition No. 1; thence. North 89019' East a distance of 115 feet to the Wp-sterly boundary of Northern Lights Blvd; thence North 000021 East a distance of 160 feet to the Southeast corner of Lot 4, of Block 2 of Sunset Addition No. 1; thence South 89019' West a distance of 115 feet to the Southwest corner of. Lot 4 of Block 2 of Sunset Addition No. 1; thence North 000021 East a distance of 400 feet to the Southwest corner of Lot R of Block 2 of Sunset Addition No. 1; thence North 450371 West a distance of 283.3 feet to the most V-7esterly corner of Lot 2 of Sunset Addition No. 2; thence North 44032' Fast a distance of 145 feet to the most Norterly corner of Lot 2 of Sunset Addition No. 2; thence North 45'37' West a distance of 92.88 feet to the most Northerly corner of Lot 3 of Sunset Addition No. 2; thence South 44032' West a distance of 138.31 feet to a point; thence North 450371 West a distance of 165.41 feet to a point in thecenter of salish Court; thence along a curve Northeasterly a distance of 37.42 feet to a point; thence North 21016' West a distance of 30 feet to a point on the South boundary of Lot 5 of Block I of Sunset Addition No. 3; thence Northeasterly along a curve a distance of 69.20 feet to a point; thence South 99015' East a distance of 36.32 feet to a point; thence Northeasterly along a curve a distance of 100.02 feet to the South- east corner of Lot 5 of Sunset Addition No. 2; thence North 32015' East a distance of 154.20 feet to the Northwest corner of Lot I of Block 3 of Sunset Addition No. 1; 0 thence r of North 89155' East a distance of 370 feet to the N rtheast corne Lot 13 of Block I of Sunset Addition No. 1; thence South 01021 West a distance of 460.7 feet to the Southeast corner of Lot 9 of Block I of Sunset Addition No. 1; thence South 89055' West a distance of 110.8 feet to the Easterly boundary of Northern Lights Blvd; thence Southerly along the Easterly boundary of Northern Lights Blvd a distance of 1162 feet to a point; thence West a distance of 60 feet to the Point of Beginning. EXCEPTING THEREFROM Lot 2 of Block 3 of Sunset Addition No. I. I`,'XIIIBIT "B" SALISH COURI ADQiLLI N L 1. - GEME.RAL DESCRIPTION: This area encompasses residential lots having frontage along Salish Court, a portion of Hilltop Avenue, and along Northern Lights Boulevard as extending down to the area of Lot I of the Brady Addition. Approximately 16 residential lots are involved in this area. These properties, as well as adjoining properties, are all residential in character. EXISTING SERVICES: Water: A six (6) inch water main is located along Salish Court and along the entire length of Northern Lights Boulevard. An eight (8) inch water -main is also located along Hilltop Avenue within the subject area. All lots are currently linked to the city water system. Sewer: No developed sewage facilities al-e available along Salish Court or the affected portion of Hilltop Avenue. However, an eight (8) inch sewer main follows along Northern Lights Boulevard. Storm Drainage: No developed drainage fac ilities are in the vicinity of the property. Streets: Each of the affected properties has frontage along a public road including Salish Court, Hilltop Avenue, and Northern Lights Boulevard. Garbage Collection: Garbage collection is available on a contract basis to the property from private companies. Police Protection; Police jurisdiction is with the Flathead County Sheriff's Department. Fire Protection: A rural fire district has jurisdiction in this area. ANTrCIPATED SERVIqE NEEDS. Water: Existing water mains can adeqUately serve the properties. Sewer: The existing sewer main along Northern Lights Boulevard can adequately accommodate the needs of the adjoining lots. A sewer main extension will be necessary to service all those lots in the Salish Court and Hilltop Avenue area. I I Storm Drainage: There is no immediate need for an improved storm drainage system in this area. Streets: Street system improvements, if necessary, will be accomplished pursuant to the on -going street maintenance and reconstruction program of the city. Routine maintenance such as patching and snow removal will also be the responsibility of the city. Garbage Collection: The City of I- ' '. ali!;pell will not provide solid waste disposal service 1-o the anne.x'ed territory for a period of at least f ive (5) years, consistent with the provision of 7-2-41736, N.C.A. Police Protection: KalisPell City Police will provide police protection to the area upon iinnexation. Fire Pratcction; The city of Kalispell Fire Department will have jurisdiction upon annexation. EXTENSION AND FINANCE STRATEGIES The cost of extending such public services as police and fire protection wilt 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 i,nprovements 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. City water service is currently available to each of the subject properties. Sewer service, when needed, will be provided by the extension of a sewer main to the area of Salish Court and Hilltop Avenue. The cosi: of this e,��tension will be borne by individual parties requiring this service. 2 -A LP def % 7 4 Lp 6ANC Lq # 4 Cj ADO 6 7 SALISH COURT ADDITION S - Sewer Main W - Water Main Roads - As shown I , I I