Resolution 3882 - Annexation - Two Mile Add. 232RESOLUTION NO. 3882
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 TWO MILE ADDITION NO. 232; TO ZONE SAID
PROPERTY IN ACCORDANCE WITH THE KALISPELL CITY -COUNTY MASTER PLAN,
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 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 Develop-
ment office and the recommendation of the Kalispell City -County
Planning Board and Zoning Commission, and comments entered upon the
record of the public hearing by residents of said area, and
WHEREAS, based upon the report of the Flathead Regional Develop-
ment office, the recommendation of the Kalispell City -County Planning
Board and Zoning Commission, and comments made at the public hearing,
the City Council of the City of Kalispell finds that zoning other
than that recommended for a portion of the territory is in accord-
ance with the Kalispell City -County Master Plan and the Kalispell
Zoning Ordinance based upon the following criterion: I
1. Does the proposed zone comply with the master plan?
The Kalispell. City -County Master Plan indicates a high
density residential designation for the general area of
the subject property. The proposed RA-1 classification
would be in substantial conformance with that designation.
However, Neighborhood Commercial, B-1 also is in conformance
with the High Density Residential land use designation of
the Kalispell City -County Master Plan.
2. Is the proposed zone designed to lessen congestion in
the �_treets?
The proposed City zoning classification is a residential
classification wherein only residential traffic can be
expected. At present, only a small portion of the affected
area is developed with residential uses. The remainder of
the area is undeveloped at this time. The proposed zoning
classification and an alternative B-1 zoning classification
would provide a review mechanism through the conditional
use process or subdivision review process that would consider
all future development in the area. At that time, consider-
ations of traffic will be more fully evaluated.
3. Will the proposed zone secure safety from fire, panic
and 6-t-her 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 should the uses that might be expected
in an RA-1 or B-1 zoning classification pose any extraordinary
threats to public safety. .
4. 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 residential character of the adjoining
properties and with the development capabilities/ limitations
of the property. Any additional development on the property
will be subject to review pursuant to City regulations
that have been adopted for the purpose of protecting and
serving the general public welfare.
5 . Will the proposed zone provide for adequate light and
air?
The bulk and dimensional requirements of an RA-1 and B-1
zoning classification will ensure adequate light and air
consistent with the character of an -urban residential neigh-
borhood.
6. Will the proposed zone prevent the overcrowding of
land?
The maximum permi tted I ot coverage in an RA-1 zoning c 1 assif i-
cation is 40-45%. The B-1 zoning classification does not
have minimum lot coverage requirements but does have set
back requirements when a B-1 zone abuts a residential zone.
These requirements help maintain the open space qualities
of residential properties.
7. Will the proposed zone avoid undue concentration of
people?
The proposed zoninq or B-1 will help maintain the existing
residential character of the developed 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 purpose of the zoning is to establish a common development
pattern that can or will be compatible to the adjoining
properties. However, additional development can be expected
in this area since much of it is vacant at this time. As
development occurs, impacts to all public services will be
evaluated and mitigated in conjunction with project
approvals.
9. Does the proposed zone give consideration to the par-
ticuiar suitability of the property for particular uses?
The property is relatively flat and access is available
from at least two public roads. However, any additional
development towards the interior of the subject territory
will require improved road access. If this is provided
the property seems ideally suited to residential development
at a single family or multi -family density.
.10. Does the proposed zone give reasonable consideration
to the character of the district?
To the west of the subject property are duplexes and multi-
family dwellings. A mix of residential and neighborhood
businesses are located north of the property. The proposed
RA-1 classification and the alternative B-1 classification
on the Easterly portion of this territory will bean effective
transition zone between some of the commercial uses located
on Meridian Road and the residential uses along Hawthorne
Avenue.
11. Will the proposed zone conserve the value of buildings?
The proposed zoning classification or the alternative B-1
classification will be compatible with the adjoining land
uses and will encourage orderly growth and development of
the vacant land. This should serve to protect property
values relative to both the adjoining properties and to
the subject property.
12. Will the proposed zone encourage the most -appropriate
use of the land throughout the municipality'-'
The proposed RA-1 zoning classification and the alternative
B-1 zoning classification are consistent with the Master
Plan, which is intended to reflect the "acceptable" distr-
ibution 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 III. The territory annexed by this Resolution
shall be zoned Residential Apartment, RA-1, for that prop-
erty described in Exhibit "A-1" and Neighborhood Business,
B-1, for that property described in Exhibit "A-2" and the
City 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:
�7
Z
gihfn "Ed" Kennedf [fr., Mayor
Don Halver, C.M.C.
City Clerk -Treasurer
VI
EXHIBIT "A"
A tract Of land in the Southeast Quarter of the Northeast Quarter
(ST..*�NE�) of Section 12, Township 28 North, Range 72 West, M-P-M-1
Flathead County, Montana, described as follows:
Beginning at the Northeast corner of Lot 8 of porta Villa Subdi-
vision No. 2; thence
East a distance of 33 1 0 feet to the Northwest corner of Montana power
Addition NO. 130; thence
South nolfil East a distance of 514 feet to a point; thence uirts
East a distance of 466.6 feet to the Northwest corner of
Addition; thence
South a distance of 73 . 5 feet to a point; thence
East a distance Of 125 feet to the Westerly boundary of Meridian
Road; thence ly boundary of Meridian Road a distance of 239
south along the Wester .
feet to a point; thence
e of 593.3 feet to a Polnt; thence
W est a distanc f 275 feet to a point; thence
south a distance o 7 feet to the southeast corner of Stubbs
East a distance Of 594.
0. 58; thence
Addition N to a point on the North bOUndary of
South a distance of 194-5 feet o f
2 Mile Drive; thence
West a distance of 940.52 feet to the Southeast corner of nlock I
porta Villa Subdivision; thence
e of 310 feet to a point; thence
North 00 West a distanc tance of 35 feet: to a point; thence
North 89043' East a dis 965.6.0 feet to the point Of
t-lorth 00o0o, West a distance Of
Beginning.
City Cleri- of, tile city of Kaliapollt certify that the
I, the undersigned, 96
foregoing is a true copy of the RGSOlutiOn pastiad by the City COUnuil Of' the
City of Kalispell, J:,,ojctana at a rc-gular weeting held --------------- �*
City Clark of the City Of XaI15P"I
EXHIBIT "A-1"
A tract of land in the Southeast Quarter of the Northeast Quarter
(SEkNEk) of Section 12, Township 28 North, Range 22 West, M.P.M.,
Flathead County, Montana, described as follows:
Beginning at the Northeast corner of Lot 8 of Porta Villa Subdi-
vision No. 2- thence East a distance of 330 feet to the Northwest
r
corner of Montana Power Addition No. 130; thence
South 0*18' East a distance of 514 feet to a point; thence
South a distance of 780.1 feet to a point on the North boundary
2 Mile Drive; thence
West a distance of 940.52 feet
Porta Villa Subdivision; thence
North 00 West a distance of 310
North 890431 East a distance of
North 000081 West a distance of
Beginning.
of
to the Southeast corner of Block 1 of
feet to a point; thence
35 feet to a point; thence
965-69 feet to the Point of
EXHIBIT "A-211
Three (3) tracts of land in the Southeast Quarter of the Northeast
Quarter (SE14,NE�) of Section 12, Township 28 North, Range 22 West,
p.M.M., Flathead County, Montana, described as follows;
Commencing at the Northeast corner of said SE14-NE�4-; thence West a
distance of 30 feet to the West boundary of the County Road; thence
South, along the West boundary of said road, a distance of 514.5
feet to the Nartheast corner of Quirt's Addition, according to the
map or plat thereof, records of the County Clerk and Recorder of
Flathead County, Montana; thence South a distance of 73.5 feet to
the Southeast corner of said Quirt's Addition; thence West, a distance
of 125 feet to the Southwest corner of said Quirt's Addition, the
point of beginning of the tract to be herein described; thence West,
a distance of 466.6 feet to a point; thence North, a distance of
73.5 feet to a point; thence East, a distance of 466.6 feet, more or
less to the Northwest corner of aforementioned Quirt's Addition;
thence South along the West boundary of said Quirt's Addition, a
distance of 73.5 feet to the Point of Beginning;,
and
Beginning at a point which is Thirty (30) feet due West ' of a point
on the East boundary line of and Five Hundred Eighty-eight (588)
feet South of the Northeast corner of the Southeast Quarter of the
Northeast Quarter of Section Twelve (12) in Township Twenty-eight
(28) North of Range Twenty-two West of the Montana Principal Meridian;
thence running West on a line which is parallel with the North
boundary line of said subdivision a distance of Five Hundred Ninety-one
and six -tenths (591.6) feet; thence running South on a line which is
parallel with the West boundary line of said Subdivision a distance
of Two Hundred Thirty-nine (239) feet; thence running East on a line
which is parallel with the North boundary line of said Subdivision a
distance of Five Hundred Ninety-three and three -tenths (593.3) feet
to a point which is Thirty (30) feet West of the East boundary line
of said Subdivision; thence running North on a line which is parallel
with the East boundary line of said Subdivision a distance of Two
Hundred Thirty-nine (239) feet to the place of beginning;
and
Beginning at a point which is thirty f eet due west or a point on the
east boundary line of and eleven hundred two and 'five -tenths feet
(1102.5) south of the northeast corner of the southeast quarter of
the northeast quarter of Section Twelve, Township Twenty-eight North
of Range Twenty-two West, thence running west. on a line which is
parallel with the north boundary line of said subdivision a distance
of five hundred ninety-four and seven -tenths feet (594.7) to a point
which is twenty feet east of the west boundary line of said subdivision;
thence running south on a line which is parallel with the west
I
I
boundary line of said subdivision a distance of one hundred ninety-two
and six -tenths feet (192.6) ; thence running east on a line which is
parallel with the north boundary line of said subdivision a distance
of five hundred ninety-six and one -tenth feet (596.1) to a point
which is thirty feet West of the east boundary line of said subdivision;
thence running north on a line which is parallel with the east
boundary line of said subdivision a distance of one hundred and
ninety-four and five -tenths feet (194.5) to the place of beginning.
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TWO MILE ADDITION
S - Sewer Main
W - Watcr Main
Roads - As shown