Resolution 3881 - Annexation - Third Ave Add. 231RESOLUTION NO. Igql_
A RESOLUTION TO PROVIDE FOR THE ALTERAT10N OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REAL PROPERTY TO BE KNOWN AS THIRD AVENUE ADDITION NO. 231; 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 S6.13, 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 pla n?
The official map of the Kalispell City -County Master Plan
indicates that this particular property is in a transition
aroa from commercial to high density residential. The
proposed RA-1 classification would be in substantial con-
formance with these land use designations. The Plan would
allow flexibility in the future to support commercial zoning
classifications for portions of the subject property.
2. is the proposed zone designed to lessen congestion in
the streets?
The proposed City zoning classification is essentially
equivalent to the existing County zoning classification
that applies to the subject property. Therefore, the proposed
City zoning classification is not expected to permit more
intensive land uses than what is currently permitted by
the County zoning regulations. The proposed zoning will
maintain the existing residential uses of the property and
as the undeveloped portions of the property are developed,
impacts to traffic will be considered in conjunction with
other established review mechanisms.
3. Will the proposed zone secure safety from fire, panic
and other danqers?
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 should the uses that might be expected
in an RA-1 zoning classification create any extraordinary
threats to public safety.
4. Will the proposed zone promote the health and general
wi- 1 fq rt->
The proposed residential zone will serve the general public
interest by helping to promote orderly growth and development.
The existing residential uses in the area will be recognized
as permitted uses by the proposed zoning and any new develop-
ment will be reviewed in accordance to all applicable City
regulations which were adopted for the purpose of promoting
general public welfare.
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 c 1 assif i-
cation is 40-45%. This will help maintain the open space
qualities of residential properties.
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 review 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?
The proposed zoning classification is not expected to
stimulate a change in the uses of the existing developed
properties. However, a considerable portion of the area
is vacant at this time. As this property is developed,
review mechanisms are in place to consider impacts to public
services and facilities.
9. Does the proposed zone give consideration to the par-
ticui—ar suitability of the property for particular uses?
A portion of the subject property is currently developed
with residential uses. These residential uses will persist
under the proposed zoning classification. The vacant land
is relatively flat and would also be suitable for single
family or multi -family uses. it is uncertain whether the
vacant land would be as suitable for certain commercial
uses. Drainage is a particular problem in the area and
residential uses may be more appropriate for that reason
since commercial uses tend to have greater lot coverage
and thereby increase off -site loads of storm water.
10. Does the proposed zone give reasonable consideration
to the character of the district?
The subject property is situated between Third Avenue East
and Fifth Avenue East. Most of the uses in this area are
residential in character. However, to the west are commercial
uses including the Outlaw Inn. The predominant land use
influence at this time appears to be residential but as
indicated earlier in this report, some commercial usage of
the property may be appropriate in the future.
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11. Will the proposed zone conserve the value of buildings?
The proposed zoning c1assification is appropriate given
the existing residential uses of the area. This residential
classification would also serve as - an effective buffer
between the more intensive commercial uses to the west and
the residential uses to the east. Therefore, the property
values of existing and surrounding uses should be preserved.
12. Will the proposed zone encourage the most appropriate
use of the land throucrhout the municipalitv?
The proposed RA-1 zoning classification is consistent with
the Master Plan, which is intended to reflect the acceptable
distribution 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 C 1 erk-Trea surer'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 Ill. 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: qh(n� "Ed" Kennedfi ("Jr. , Mayor
Bon Halver, C.M.C.
City Clerk -Treasurer
EXHIBIT "A"
A tract of land in the Southwest Quarter of Section 17, Township
28 North, Range 21 West, M.P.M., Flathead County, Montana,
described as follows: I
Beginning at the Northwest corner of Lot 5 of Block I of Pyker
Addition; thence
North 76011' East a distance of 150 feet to a point; thence
North 130491 West a distance of 300 feet to a point on the South
boundary of 14th Street; thence
North 76111' East a distance of 366 feet to a point; thence
South 13149' East a distance of 1342 feet more or less to a point
on the North boundary of 18th Street; thence
North 890511 West to the Southeast corner of Addition No. 30 Lindsey
Lumber Addition; thence
North 131491 West a distance of 176.26 feet to a point; thence
North 60059' West a distance of 167.72 feet to a point; thence
South 76011' West a distance of 135 feet to a point on the East
boundary of 3rd Ave. East; thence
North 13049' West a distance of 508 feet to the Southwest corner of
Lot 7 of Block 1 of Ryker Addition; thence
North 131491 West a distance of 121.98 feet to the point of
beginning.
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I , the undersigned, City cier.- of' the City of Kai.-Wpell, certify that tile
foregoing is a true copy of the Resolution passed by tj.e City Council of' the
City of Kalispell, MonLana at & regular, weeting held
City Clark, of the City of KalisP011
EXHIBIT "B"
THIRD AVENUE EAST ADDITION
GENERAL DESCRIPTION:
The subject property is a large area extending fFom Fourieunih Sireet East.
5outh to Eighteenth Street East. The westerly boundary is along Third Avenue
East and extending easterly to an area approximately 150 feet we-iturly of
Fifth Avenue East. Much of the area is undeveloped except foi- scattered
residential uses.
EXISTING -SERVICES:
Water: Much of this area is currently served with city water.
A (6) inch water main is located along Fifth
Avenue Ea,,t . An eight (8) inch water main is located
along Third Avenue East.
Sewer No developed sewage -facilities are available to Lhe
area.
Storm Drainage: No developed drainage facilities are in the vicinity
of the area.
Strewts; Access to portions of the property are possible from
Third Avenue East, Fourteenth Street East, Fi f tf,
Avenue East, and Eighteenth Street.
Garbage Collection: Garbage collection is available on a contract basis to
the property from private companies.
Police Protection: The area is within the jurisdiction of the Flathead
County Sheriff's Department.
Fire Protection: The area is within the jurisdiction of a rural Fire
District.
ANTICIPATED SERVICE NEEDS:
Water: Water needs for the area can be accommodated by the
existing water mains located in Fifth Avenue East and
Third Avenue East. Individual extensions of these
mains to serve newly developed Properties will be the
responsibility of the private landowner. HDWever, the
city may be responsible for improving the system to
city standards as appurtenant to the individual
service lines to the existing property. A cross
connection will need to be installed to connect the
existing main in Third Avenue East with the existing
main in Fifth Avenue East.
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Sewer: Development of the property will require extension of
the existing sewer main located at the intersection of
Third Avenue East and Eighteenth Street East. The cost
of extending the s&wer service to the property will he
the responsibility of devetaper(s), either
incrementally as individuals or comprehensively as
development occurs.
Storm Drainoge: Much of this area appears to be low and susceptible to
poor drainage. It is anticipated that on —site diWsal
of storm water will be accomplished as new property is
developed within the area, especially if subdivision
of land is proposed. Otherwise a comprehensive storm
drainage system in the area is not anticipated within
the next 20 years.
Streets: Street system improvements of the existing public road
will he accomplished pursuant to the on —going street
maintenance and ruconstruction program of the City.
Routine maintenance such as patching and snow removal
will also be the responsibility of the city. Any
interior roads necessary to provide access to now
development will be the responsibility of private
landowners.
Barbage Collectiont The City of Kalispell will not provide solid waste
disposal service to the annuxed territory fnr a period
of at least live (5) years, consistent with the
provision of 7-24736, M.C.A.
Police Protection: City of Kalispell police protection will be available
upon annexation.
Fire Protection: City of Kalispell fire protection will be available to
the property upon annexation.
EXTENSION AND FTNANCE STRATEGI-ES
The cost of extending such public services as police and fire PFC)teCtion will
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 neighborhnod 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. The cost of improving
the water system to -the area will be shared by the city and by individual
property owners within the area. The extension of the sewer main will be the
responsiblity of either the neighborhood or by individual landowners as the
need arises. The timing of improvements will largely depend on the rate of
growth in the area.
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