Resolution 3883 - Annexation - Wyoming Add. 233RESOLUTION NO. 3883
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 WYOMING ADDITION NO. 233; TO ZONE SAID
PROPERTY RESIDENTIAL, R-4, AND NEIGHBORHOOD BUSINESS, B-11 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, R-4, for that property described
in Exhibit "A-111 and Neighborhood Business, B-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, 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 Develop-
ment 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. Do the proposed zones comply with the master plan?
The official map of the Kalispell City -County Master Plan
indicates that commercial may be appropriate along Meridian
Road in this area whereas high density residential development
is more appropriate to those properties easterly of Meridian
Road. The proposed B-1 and R-4 classifications would be
consistent with those land use designations of the Master
Plan.
2. Are the proposed zones designed to lessen congestion
in the streets?
Most of the tracts in the subject area have already been
developed. The development potential of these tracts cannot
be further expanded without subdivision. Theref ore, the
proposed zoning classifications will probably not increase
the development potential of the properties pending further
subdivision of the properties. Traffic in the short term
is expected to remain status quo.
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. At present, the
properties do not exhibit any extraordinary threats to
pub 1 ic saf ety. However, the existing wrecking yard f aci I ities
on three of the lots may pose some threat to public safety
but under the proposed zoning classification, this particular
use would be classified as a non -conforming use. None of
the uses that might be anticipated under either of these
zoning classifications . pose any extraordinary threats to
public health and safety.
4-- Will the proposed zones promote the health and general
welfare?
The proposed zoning classifications will serve the general
public interest by helping to promote orderly growth and
development consistent with the character of the surrounding
properties. The zoning will also recognize the existing
uses as either permitted or as being "grandfathered" at
the time the zoning is adopted. Any additional development
on the properties will be reviewed in accordance to City
regulations that have been adopted for the purpose of serving
the general public welfare-
5. Will the proposed zones provide for adequate light and
air?
The bulk and dimensional requirements of the two zoning
classifications will ensure adequate light and air consistent
with the residential neighborhood setting.
6. Will the proposed zones prevent the overcrowding of
land?
The maximum permitted lot coverage for an R-4 zoning classif i-
cation is 40%. Additional land coverage is permitted for
neighborhood businesses but the uses allowed in a B-1
classification are intended to be compatible with residential
neighborhoods.
7. Will the proposed zones avoid undue concentration of
people?
In the event that higher land use densities are proposed,
the zoning regulations and subdivision regulations provide
mechanisms to review all proposals and this will help ensure
that the carrying capacity is not exceeded.
8. Willthe proposed zones facilitate the adequate provision
of Transportation, water, sewerage, schools, parks, and
ah—er public requirements?
The proposed zoning classifications will not increase the
development potential of the properties. Any additional
development that might be permitted on the properties will
be subject to review. This review will ensure that any
new development fully mitigates any additional impacts to
public services.
9. Do the proposed zones give consideration to the particular
suitability of the property for particular uses?
Most of the subject area is situated on flat terrain.
Residential dwellings are currently located on most of the
lots. Due to the residential character of this area and
of the surrounding neighborhoods, the wrecking facility is
probably not appropriate to this area. The proposed zoning
classifications should help encourage residential development
of the area.
10. Do the proposed zones give reasonable consideration
to the character of the district?
Most of the surrounding land uses are residential in
character. To the south is a Public zone where the Flathead
County Fairground facilities are located. Given these
surrounding uses and the residential uses that currently
exist on the property, the proposed zoning classifications
are probably appropriate to the area.
11. Will the proposed zones conserve the value of buildings?
The proposed zoning classifications will help protect the
property values of the properties since the existing resi-
dential uses will be conforming to the zoning regulations
and any non -conforming uses� will be allowed to continue
under "grandfathered" status. The proposed zoning classifi-
cations will be especially beneficial to the adjoining
residential neighborhoods.
12. Will the proposed zones encourage the most appropriate
use of the land throughout the municipality?
The proposed zoning classifications are consistent with
the Master Plan, which is intended to ref lect 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 I
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 C 1 erk-Trea surer, 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, R-4, for that property des-
cribed in Exhibit "A-1" and Neighborhood Business, B-1,
for that property described in Exhibit "A-211 and the City
of Kalispell zoning map shall be altered to so provide.
SECTION IV. This Resolution
days from and after its final
and approval by the Mayor.
shall be effective thirty (30)
passage by the City Council
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 5TH
DAY OF JUNE, 1989.
ATTEST:
Don _HfaT_ver,� M.C.
City Clerk -Treasurer
)Jkn "Ed" Kenned/ Jr., Mayor
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EXHIBIT "A"
A tract of land in Government Lots I and 2 of Section 7, Township 28
North, Range 21 West, M.P.M., Flathead County, Montana, described as
follows:
Beginning at the Northwest corner of Lot 4 of Lloyds Addition;
thence
North 0042100" West a distance of 226 feet to the Southwest corner
of Lot 3 of Block 1 of Underhill Subdivision; thence
East a distanco of 726 feet to a point; thence
South a distance of 60 feet to the South boundary of Colorado St.;
thence
East along the South boundary of Colorado Street to the Northeast
corner of that tract of land described in Book 523, page 458,
records of Flathead County, Montana; thence
South a distance,of 582.95 feet to the North boundary of West
Wyoming Street; Lhence
West along the North boundary of Wyoming Street a distance of 746.7
feet to the Southeast corner of Lot I of Lloyds Addition; thence
North 0042'00" West a distance of 416.37 feet to the Northeast
corner of Lot 4 of Lloyds Addition; Lhence
South 89119'2011 West a distance of 97.20 feet to the point of
beginning.
1, the t4ilde rZi�'Ifle1j, City C:Lei,,�C of 4-11.,:� Cily Q.- -
Kal��SpQll, certify that tile
f"G,60�ng is a truc; QOPY Of tile 116solut.-I-on paszied by the City Council of' the
.L
C'ty Of I�UlirPGII, 1-1,�Altaila at a 1'66ular iaeotin.,; held
City of tl-,o City of Kalispel'l
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A tract of land
North, Range 21
follows:
EXHIBIT "A-1"
in Government Lots 1 and 2 of Section 7, Township 28
West, M.p.M., Flathead County, Montana, described as
Beginning at the Northwest corner of Lot 4 of Lloyds Addi . tion;
thence
North 0042'00" West a distance of 226 feet to the Southwest corner
of Lot 3 of Block I of Underhill Subdivision; thence
East a distance of 726 feet to a point; thence
South a distance of 60 feet to the South boundary of Colorado St.;
thence the South boundary of Colorado Street to the Northeast
East along
corner of that tract Of land described in Book 523, Page 458,
records of Flathead County, Montana; thence
South a distance of 582.95 feet to the North boundary of West
Wyoming Street; thence
West along the North boundary of Wyoming Street a distance of 746.7
feet to the southeast corner of Lot 1 of Lloyds Addition; thence
North 0042'00" West a distance of 416.37 feet to the Northeast
corner of Lot 4 of Lloyds Addition; thence
South 89019'20" West a distance of 97.20 feet to the point of
beginning;
EXCEPT
A tract of land in Government Lots 1 and 2 of Section 7, Township
28 North, Range 21 West, M.p.M., Fla. thead County, Montana, described
as follows:
Beginning at the Northeast corner of Lot 4 of Lloyds Addition;
thence North 01142'00" West to a point of intersection with the N-1/16
section line; thence
Westerly 97.20 feet along said N-1/16 line to a point; thence
Southerly to the Northwest corner of Lot 4 of Lloyds Addition;
thence
Easterly along said northerly lot line to the point of beginning.
EXHIBIT "A-2"
A tract of land in Government Lots I and 2 of Section 7, Township
28 North, Range 21 West, M.p.M., Flathead County, Montana, described
as follows:
Beginning at the Northeast corner of Lot 4 of Lloyd's Addition;
thence North 0'42,00-1 West to a point of intersection with the N-1/16
section line; thence
Westerly 97-20 feet along said N-1/16 line to a point; thence
Southerly to the Northwest corner of Lot 4 of Lloyd's Addition;
thence
Easterly along said northerly lot line to the point of beginning.
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LX111BIT "B"
WYOMIN6 ADDITION
GENERAL DESCRIPTION:
The subject property is located easterly of Meridian Road and e;,*tends
approximately IU50 feet to the east. The northerly portion of the property is
generally bordered by West Colorado Street. with the southerly boundary
extending along Wyoming Street. Uses within the subject area include primarily
residential dwellings and a wreck.ing yard. Surrounding land uses are primarily
residential in character.
EXISTING SERVICES:
Water: A 16 inch water main borders the westerly perimeter of
the property along Meridian Road. A four (4) inch main
also follows along West Wyoming Street. In addition,
there is a six (6) inch water main located near the
northerly perimeter of the subject area.
Sewer: A 15 inch sewer main follows the westerly boundary of
the property. There are no other nearby sewer mains
that can adequately or efficiently serve the property.
Storm Drainage: There is an existing drainage ditch with a series of
culverts adjacent to the easterly limits of North
Meridian Road bordering this property. During periodi
of peak run-off the ditch flows at, or above,
caparity.
Streets: The property has frontage along Meridian Road, along
West Wyoming Street, and along a portion of West
Colorado Street. Each of these streets are public
roads.
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 service is available from the existing water
mains. Extension of water mains may be necessary to
serve some of the interior properties as they are
developed. This will be the responsibility of the
individual landowners and/or developer to engineer and
finance the extension of this service.
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Sewer: Connection to the city sewer services can be
accommodated along Meridian Road. However, e;,�Aension
of the sewer main will be necessary to serve most of
the properties north of West Wyoming Street. The cost
of this extension will be borne by those individuals
requiring this service. It seems passible that this
can be accomplished with a gravity feed to the 15 inch
sewer main along Meridian Road.
Storm Drainage: The need for storm drainage improvements in this area
can be accomplished, in part, as land is reviewed and
developed in the area or in a more comprehensive
fashion upon the creation o-� a special improvement
district for the purpose of installing storm drainage
improvements.
Streets; At the present time, much of the property fronts alorq
pUblic roads. The need for any additional frontage or
access will be accomplished as part of individual
development proposals. Again, the responsibility for
those improvements will he borne by the private
sector. Street system improvements to the public
roads, 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 J'alispell 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 7-2-4736, M.C.A.
Police Protection: The city will provide police protection upon
annexation.
Fire Protection: The city will provide fire protection Upon annexation.
EXTENSION AND FINANCE STRATEGIES
Any utility extensions necessary to serve e-xisting or proposed development
within this area will be the responsibility of the private sector. The cost of
extending such public services as police and fire protection 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 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. Individual improvements to
developing properties will also be required pursuant to conditions of approval
relative to subdivision and "zoning" review.
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WYOMING ADDITION
Morth of Wyoming St.)
S - Sewer Main
W - Water Main
Roads - As Shown
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