Resolution 3927 - Annexation - Two Mile AdditionRESOLUTION NO. 3927
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPEL
BY INCLUDING THEREIN, AS AN ANNEXATION, A TRACT OF LAND IN THE NWk OF THE SEk 0
SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M.., FLATHEAD COUNTY, MONTANA, T
BE KNOWN AS TWO MILE PACK ADDITION #236; TO ZONE SAID PROPERTY RESIDENTIAL APARTMENT
RA-1, AND TO AMEND THE CITY ZONING MAP ACCORDINGLY.
WHEREAS, Ronald E. Pack and Margaret A. Pack, the resident freeholders o
more than f if ty per cent '(50 ,,) of certain real property situated outside Lh
boundaries of the City of Kalispell, but contiguous thereto, requested on the 20t
day of February, 1990, the City Council of the City of Kalispell to consider th
annexation of a tract of land described in Exhibit "A", attached hereto, and
WHEREAS, the Flathead Regional Development Office has made a report on th
Annexation/Zoning of the territory dated March 6, 1990, and
WHEREAS, the Kalispell City -County Planning Board and Zoning Commission hel
a public hearing on the annexation and zoning of the property, pursuant to §5.01
Kalispell Zoning Ordinance on March 13, 1990 and recommended that the territory b
annexed into the City of Kalispell and be zoned Residential Apartment, RA-1, and
WHEREAS, the City Council of the City of Kalispell held a public hearin
pursuant to 56.13, Kalispell Zoning Ordinance on April 2, 1990 and considered th
report made by the Flathead Regional Development Office and the recommendation o
the Kalispell City -County Planning Board and Zoning Commission, and
WHEREAS, based upon the report of the Flathead Regional Development Offic-
and the recommendation of the Kalispell City -County Planning Board and Zonin�
Commission, the City Council of the City of Kalispell finds that the recommendel
zoning classification for the territory is appropriate based upon the followin�
criterion:
Does the proposed zone com2ly with the Master Plan?
The primary test of determining compliance with the Master Plan is whether the
proposed zoning classification is consistent with the land use designation assigned
to that area by the Official Map of the Kalispell City -County Master Platt. For
the subject area, the land use designation is high density residential, which
complements the proposed RA-1 zoning classification.
Is the requested zone designed to lessen congestion in the streets?
Since the property is currently vacant, any additional development will increase
traffic trips onto the adjoining city and county streets. The proposed RA-1
zoning classification is a residential classification that would permit ' either
single family, duplex, or multi-fantily dwellings. Depending upon the ultimate
development strategies for the property, the proposed zoning classification may or
may not be increasing the traffic or trip generation in area. If multi -family
dwellings are proposed, the impacts to traffic and other public seyvices will be
evaluated in association with the issuance of a conditional use permit. At that
time, development of the property may afford an opportunity to loop a city street
connection b,2tween Two Mile Drive and U.S. Highway 2 that presently does not
exist. This could benefit the overall traffic pattern in the area of the property.
Potential areas of traffic congestion would be at the intersection of Two Mile
Drive and Meridian Road and at the intersection of Corporate Drive and U.S. Highway
2.
Will the reiguested zone securesafety f-rom fire, panic and other dangers?
The development potential of the property will not only be affected by zoning but
also from environmental constraints and from the capacity of city infrastructure.
Upon annexation, city of Kalispell police and fire protection will be available to
the property and o0ker city services will be extended including fire hydrants.
Site plan review and other permit review requirements will further evalute public
safety aspects of new develop.ment. For example, a floodplain development permit
will be necessary if any uses encroach into..the area of the 100 year floodplain.
Will the re_qt�ste�zone promote the health and general welfare?
The proposed zoning is consistent with the Master Plan which is a measure of the
general public interest. The zoning will help to insure orderly growth and develop—
ment and separation of incompatible uses. The proposed zoning will also complement
the character of the adjoining properties. This should be in the public interest
and serve to promote the general welfare.
Will the rScLue�ted zone provide for adeguate light and air?
The bulk and dimensional requirements of the proposed zoning classification will
ensure adequate light and air. For an RA-1 zoning classification the maximum lot
coverage is 40 L' Setbacks include 15 feet for the front yard and 5 feet for the
sideyard. Conditions of development approval for multi —family units would also be
a means of ensuring adequate light and air within the property.
Will the r��ste�d zone p�event the overcrowding of land?
Overcrowding of land is a function of many variables but can generally be considered
a condition that exists when developed facilities exceed the carrying capacity of
the land and/or necessary services. City zoning and construction standards will
ensure that any proposed development will be built consistent with the level of
available services.
Will the rejuested zone avoid undue concentration of people?
Concentration of people is a function of land use density. The proposed zone
regulates both density of development and uses. The proposed zoning classification
will limit land uses to residential dwellings and requires minimum lot sizes of
7,000 square feet of which no more than 40�.can be covered by buildings. These
standards will regulate the density to ensure that the property is not overbuilt
and that the property is developed In a manner consistent with the other developed
properties in the area. Whether the property develops with single family dwellings
or multi —family dwellings, it would appear that sufficient regulations are in
place to ensure that the Site is not overbuilt resulting in an undue concentration
of people.
W411 the requested zone facilitate the adequate Erovision of transportation, wate ii—I
.sewage, schools, parks and other _publl_creq�t�rements?
The proposed zuning will, have no direct relationship to the provision of public
services. However, improvements to the water, sewer and storm, drainage facilities
will be necessary before the development potential of the prope.rty, as otherwise
permitted by the zoning, can be fully achieved. A full range of inf ras true ture
improvements for the property will be necessary as a condition of annexation. The
infrastructure improvements pertaining to water and sewer must be designed by the
owner to anticipate the development potential of the property as permitted by the
zoning. Conditional use permit review relative to mulLi—family dwellings will
also establish development criteria to ensure chat egress/ingress and other concerns
are adequately addressed prior to approval of these type of facilities. For
example, it may be possible to establish a city road connection between U.S.
Highway 2 and Two Mile Drive through this property as part of the assessment of a
project. This may be an overall benefit to the city road network. 'I"he impacts of
annexing this property and assigning it with an RA-1 zoning classificacion relative
to schools and parks will be assessed via other review processes and cannot be
anticipated until a development propoRal for the property is more fully understood.
However, it can be generally agreed that if multi —family dwelling-� are constructed
on the property, that the impacts to schools and the parks sy�,tem may be greater
than impacts associated with a single family development. A partial solution to
this concern may be the requirement to provide o-a—silte park facilities with any
Aevelopment approval. At this time, it appears that the local school system can
accommodate the students that might be associated with development of the property.
Does the reque ted zone give reasonable consideration to rhe character of the
district?
The property has few development 11mitations. It adjoins property Lhar is similarly
zoned for apartment use. This vicinity has few commercial uses nearby and, therefore,
the residential use of the property would be appropriate to the area.
Will the requested zone conserve the value of buil.dinRs?
The proposed RA-1 zoning classification is compatible to the land uses of the
40.3
adjoining properties. The adjoining properties should benefit from the propos4
zoning classification.
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.Will the requested zone enco-u-rage the most appro2riate . use of land throu�hout the
municipal-ity?
The proposed RA-1 classification would promote land uses consistent with the
.. anticipation" of the Master Plan and with the surrounding uses.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. That all the real property as is more particularly described
in Exhibit "A" shall be annexed to the City of Kalispell and the
boundary of the City is altered to so provide, subject to the following
conditions:
1. That the water main be extended to the property in accordance to
the City of Kalispell construction standards. Engineering, design and
construction costs shall be borne by the developer or owner of the
property.
2. That all required extensions of utilities be completed or guaranteed
for completion prior to annexation.
SECTION 11. Upon the effective date of this Resolution, the City
Clerk -Treasurer 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.
SECTION III. 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 IV. The territory annexed by this Resolution shall be zoned
Residential Apartment, RA-1.
SECTION V. This Resolution shall be effective thirty days from and
after its final passage by the City Council and approval by the Mayor.
THIS PASSED BY THE CITY COU'NCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR
_20ei DAY OF April 1990.
ATTEST:
Amy H. i(ofiertson
City Clerk -Treasurer
4Roger . �Hopk IL
4ns, May —or
EXHIBIT "A"
A tract of land in the Northwest Quarter of the Southeast Quarter of
Section 2.2, Township 29 North, Range 22 West, m.P.M. , Flathead County,
Montana, particularly dc:ocribed as follows:
Beginning a.t a point 552 feet South of the center of said Section 12;
thence
South a distance of 773 feet to the Southwest corner of said Northwest
Quarter of Che Southeast Quarter; thence a distance of 412.4 feet
East along subdivision li'le; thence
North and parallel witi-I tr3e west boundary line of said Northwest
Quarter of tile Southeast QUarter a distance of 372 feet to a point;
thence
East and parallel with the North subdivision line a distance of
157.95 feet to the center line of Spring Creek; thence
Northwesterly along the center line of said creek to a point which
bears South a distance of 380 feet and East a distance of 204.4 feet
from the North boundary of the Northwest Quarter of the Southeast
Quarter; thence
North a distance of 380 feet -to the North boundary of said Northwest
Quarter of the Southeast Qjarter; thence continuing
North a distance of 54 feet to a point; thence a distance of 60 feet
West and parallel to the North boundary of said Northwest Quarter of
the Southeast Quarter; tbeTice a distance of 606 feet South and parallel
with the West boundary of said Northwest Quarter of the Southeast
Quarter; thence
West a distance of 144.4 feet to the point of beginning.
EXCEPTING THEREFROM any portion of Two Mile Drive.
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