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Resolution 4340/Annexation Phase II' RESOLUTION NO, 4340 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANN$XATTON, BUFFALO STAGE CHASE IT, ADDITION N0. 281; TO ZONE SAID PROPERTY RESIDENTIAL APARTMENT, RA-1; TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Buffalo Chip Partners and. the Property Owners of Buffalo Stage Phase II, the owners of the property described in Exhibit "A", attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City with a Two Family Residential, RA-1 zoning classification, and WHEREAS, the Fathead Regional Development Office has made a report an Buffalo Stage Phase II, Annexation and Zoning Request, #KA-97-3, dated June 2, 1997, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell and be zoned Low Density Residential Apartment RA-2, 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 Kalispel], finds that the recommended zoning classification for the territory is appropriate based upon the following criterion: This property is indicated an the Kalispell City County Master Plan Map as high density residential. The proposed RA-1 zoning complies with the master plan map designation, as well as the goals and polices of the document. Rezoning this property will result in no change in the amount at traffic which might be generated in the area. Nn impact nn traf f ir_ conaPstinn will rPaul t- with r_hig Ifflet7i There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services is adequate. This annexation will promote the general welfare of the community by providing orderly growth within the city, will contribute to the City's tax base and encourages growth within an established urban area where full public services and facilities are available. All of the properties will be required to comply with the development standards of the RA-1 zoning district which will dictate minimum lot size requirements, setbacks, building height and density which assures that there will be adequate light and air. The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land.. Mim- [:AF-viove =I I OTW M 01610limp No significant increase in the population in the area will result under the proposed zoning. This area has been intended to provide for urban residential development and is in an area where public services and facilities' are available to residences in the area. F-I it ROD r-I 1.629 Full public services, facilities and infrastructure are currently in place to accommodate the use() within the area. Na significant impacts to these services can be anticipated as a result of this zoning proposal. 1��2iil ii� 111111 � OLI 7 #e The proposed zoning is consistent with the zoning in the surrounding area and the uses in the area. The proposed zoning is consistent with the master plan map designation and anticipated development. The requested zone gives appropriate consideration for the suitability of this area for the uses allowed under the RA-1 zone. i * t 3 o - 1 e i Ir a The general character of the area is residential. Most of the uses currently in the area will continue to be developed residentially. The requested zone gives reasonable consideration to the character of the area. A Value of the buildings in the area wi.].1 be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. . ROI&EN0110111910 O The most appropriate use of land throughout the jurisdiction appears to be residential which is reflected in the current and proposed zoning. The proposed zoning will encourage the most appropriate use of land throughout the jurisdiction. WHEREAS , on April 3, 1989 the City Council of Kalispell adopted, pursuant Annotated, an Extension of development of City services future, and i to Section 7-2-4610, Services Plan which for approximately five the City of Montana Code anticipates years in the 1630 WHE M S, said the proposed annexation complies with said - extension of services plan and provides for financing the extension of municipal' services or maintenance of existing services by utilizing funds allocated and expended, pursuant to the annual City budget without incurring additional bonded indebtedness, and WHER$AS, Buffalo Stage Phase II #281 is included within and conforms to the Kalispell City -County Master Plan, and WHBRBM, the City of Kalispell desires to annex said property in accordanCe with Title ?, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RALISPBLL AS FOLLOWS: 9ECTION 1, 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,, and shall be known as Buffalo Stage Phase II, Addition No. 281. SgC'�ION IT. Upon the effective date of this Resolution, the City Clerk of Council 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 of Council, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell 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 . The territory annexed by this Resolution shall be zoned Low Density Residential Apartment, RA-1. SECTION IV, This Resolution shall be effective 30 days from and after its passage by the City Council. a 1631 PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR THIS DAY OF JULY, 1997. i D. Rauthe Mayor Attest: Wilk &,ad. Debbie Gi gAwCMC Clerk of Council 11632 ff EXHIBIT" "Am BUFFALO STAGE PHASE II A TRACT OF LAND, SIT[1AT$D, LYING, AND BEING IN TH$ EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DSSCRIB$D AS FOLLOWS TO WIT. Beginning at the Northwest career of the Bast half of the Southeast quarter of Section 31, Township 29 North, Range 21 Wept, P.M.M.,Flathead County, Montana, which is a found iron pin the on the Southerly R/W of Granrud Lane; Thence S89043106"E and along the North boundary of said E1/2 SE1/4 and along said Southerly R/W a distance of 553.65 feet to a set iron pin; Thence S00003111*W 445.62 feet to a set iron pin; Thence S36054120°g 64.67 feet to a set gran pin; Thence S15po0' 00"B 204.59 feet to a set iron pin; Thence S14044148nE 61.70 feet to a set iron pin; Thence SOOO 03111"W a$i. 88 feet to a set iron pin; Thence S30807' 28*W 62*57 feet to a yet iron pin;. 'Whence S00003' 00"$ 156.77 feet to a set iron pin; Thence S89056152"W 80.04 feet to found iron pin; Thence N4500010011W 86.53 feet to a found apron pin on the Southeasterly R/W of a 60 foot raid known as Buffalo Stage, which is on a 300.00 foot radius curve, concave Northwesterly (radial bearing N45000100"W); Thence Southwesterly slang said R/W and along said curve through a central angle of 30004'00" an arc length of 157.08 feet to a found iron pin and the P.R.C. of a 220.00 foot radius reverse curve, concave Southeasterly (radial bearing S1500010011E); Thence Southwesterly along paid curve 'through a central angle of 020 40146° an arc length of 10.29 feet to a found iron pin; Thence heaving paid R/W S3000010011E 112.32 feet to a found iron pin; Thence 54500014011W 87.32 feet to a found iron pin; Thence N600 00100RW 131.87 feet to a found iron pin; Thence N87057104*W 66*93 feet to found iron pin; Thence West 165.75 feet to a found iron pin an the West boundary of said E1/2 SB1/4; Thence N000221161g and slang said Wept boundary 1360,.24 feet to the point of beginning and containing 18,524 acres. Subject to and together with all appurtenant easements of record. � -I