Resolution 3880 - Annexation - Sunnyview Add. 230RESOLUTION NO. 3880
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 SUNNYVIEW ADDITION NO. 230; 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 "All 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 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 Medical -Prof essiona I land use desig-
nation of the Kalispell City -County Master Plan. The RA-1
classification allows uses in that area compatible with
the medical campus in the area.
2. ' Is the proposed zone designed to lessen congestion in
the streets? -
The proposed zoning classification will not affect the
existing residential use of the property. As such no
change in traffic is expected with the assignment of an
RA-1 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. At present, the
properties do not exhibit any extraordinary threats to
public safety nor would the uses that ate associated with
an RA-1 classification be expected to create any Eixtraordinary
concerns to public safety.
4. Will the proposed zone promote the health and general
welfare?
The proposed zoning classification will serve the general
public interest by helping to promote orderly growth and
development consistent with the residential and medical
character of the surrounding area. Any new uses proposed
on the property would be subject to all applicable City
regulations that are intended to protect and serve the
general public.
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 a residential and/or medical neighbor-
hood.
6. Will the proposed zone prevent the overcrowding of
land?
The maximum permitted lot coverage in an RA-1 zoning c lassif i-
cation is 40-45%. This should help maintain the open
space qualities of the area.
7. Will the proposed zone avoid undue concentration of
people?
The proposed zoning will help maintain the existing resi-
dential use 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 theproposed zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and
otherpublic requirements?
Again, the proposed zoning classification will probably
not stimulate a change in the existing residential use of
the property. Therefore, no additional impacts to public
services are expected. In the event that additional develop-
ment is proposed in the future, review mechanisms are in
place to consider impacts to pubic services and facilities.
9. Does the proposed zone give consideration to the partic-
ular suitability of the property for particular uses?
The subject property is currently being used as a residential
home -site. However, due to the close proximity of this
property to the hospital facilities, the property may have
value in the future for medical /professional offices. In
that event, the proposed zoning would not preclude those
uses on the property.
10. Does the proposed zone give reasonable consideration
to the character of the district?
The subject property is mostly influenced by the adjoining
medical facilities of the Kalispell Regional Hospital.
The proposed zoning will allow the existing residential
use on the property to continue or it does allow flexibility
in the future to allow development of medical offices on
the property.
11. Will the proposed zone conserve the value of buildings?
The proposed zoning recognizes the existing use as a con-
forming use but at the same time it maintains the property
values in relationship to future uses that may include
medical offices or apartments.
12. Will the proposed zone encoura2e the most appropriate
use of the land throughout the municipality?
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The RA-1 zoning classification is consistent with the Master
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
I WHEREASO 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 111. 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.
6%�_ i�e I
n "Ed" Kennedy mayor
ATTEST:
Doh Halver, C.M.C.
City Clerk -Treasurer
EXHIBIT "All
A tract of land in Government Lots 6 and 7 of Section 6, Township
28 North, Range 21 West, m.P.M., Flathead County, Montana described
as follows: I
Beginning at the Northwest corner of the Resubdivision of Kalispell
Medical Arts Additiion No. 35; thence
South 3013' West a distance of 160-00 feet to the Northeast corner
of Addition No. 14 to Kalispell; thence
North 860551 West a distance of 332.04 feet to the East boundary of
u.S. Highway No. 93; thence
North 15043' West along the East . boundary of U.S. Ijighway No. 93 to
the South boundary of Sunnyview Lane; thence
East along the said boundary to the point of beginning.
d City Clerk Of th�-' city of-Kalispe'l, Certify %. of the
1, the t e Resolution pas3ed IOY the City Council
is a true Copy of th
foregoing weeting held
city of Yalispe", jfontana at a regular
r tj" 'ali
ity clerc 0 ity of 1". -spell
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EXIII13IT "B"
SUNNL%�TEW A01ilTION
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gENERAL DESCR-
IPTION.
This property has frontage an uoth U.S. Fighway 90" and Sunnyvit�w LanE?. it is
residential in character. The surrounding uses include mostly tjo5pital and
medical facilities.
EXISTING SERVICES:
Water:
Sewer. -
Storm Drainage:
Streuts:
Garbage Collection:
Police Protection:
Fire Protection:
A 12 inch watei- main is available near the
northeasterly and PaSterly poj-tjon5 of the propel-ty.
An eight (8) i nch sewer main follows alang SunnyviL2iq
Lane and down U.S. Highway 93.
A 151 inch storm drain system is in Place i'long the
westerly portion of the property along U.S. Highway
The property has irontage along U.S. Highway 92'r and
along Sunnyview Larie.
Garbage collection is available on a contract basis to
the property from private companies.
POlic�t jurisdiction is with the Flathe;,d County
Sheriff's Liepartment.
Fire jurisdiction is with a rural Fire District .
ANTMIPATED_qErt��TCE
r�rEDq-
Water:
All but a portion of the westerly property can be
served with the existing water mains. A water main
extension will be necessary to serve the westerly
portion of the property.
Sewer:
The existing sewer main can adequately serve the
ProPel-ty- No extension of sawer mains will b2
nece5sary.
Storm Drainage:
It may be possible to service the Property with the
existing storm drainage system found along U.S.
Highway 91".
Streets:
The property currently has frontage along two public
streets. Highway access is not guaranteed. No
additional public roads wilt be necessary to provide
access to the DroDerty.
Garbage Collection:
The City of Kalispell will not provide solid wa�itv
disposal service to the annexed territory for a period
of at least five (5) years, consistent with the
provision of 7-2-1736, M.C.A.
Police Protection:
Police protection will be the responsibility of the
city upon annexation.
Fire Protection:
Fire protection will be the rec4pon5ihility of the city
upon annexation.
EXTENSION A14D FINA14CE STRATEGIES
All city services will be available to the property upon annexation. The cost
of extending such public services as police and fire protection will be borne
by the entire municipality through city tax revenues. Individual connection to
water and sewer mains as well as the storm drainage system will be the
responsibility of the landowners in accordance to existing city policies. The
entire municipality witl also share the tax burden for most of the street
maintenance program. Individual improvements to the neighborhood relative to
the storm drainage and lighting will be financed in part by the residences of
the entire municipality and in part by special assessments for that purpose.
Such special improvement districts will be subject to voter approval.
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SUNNYVIEW ADDITION
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S - Sr-,wer Main
W - Water Main
Roads - As s1lown
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