Resolution 3958/AnnexationRESOLUTION NO.JM
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN PARCELS OF REAL PROPERTY IN LOTS 14, 15, AND 16, BLOCK 3,
PHILLIPS ADDITION, FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS
SCOREBOARD ADDITION NO. 212; TO ZONE SAID PROPERTY NEIGHBORHOOD
BUSINESS, B-1, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO
DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received •petitions
containing the signature of more than 50% of the resident
freeholder electors within Lots 14, 15 and 16, Block 3, Phillips
Addition of the City of Kalispell, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on the Annexation/Zoning of the territory dated September
6, 1988, 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 Section 5.01, Kalispell Zoning
Ordinance on September 13, 1988 and recommended that the
territory be annexed into the City of Kalispell and be zoned
Neighborhood Business, B-1, and
WHEREAS, the City Council of the City of Kalispell held a
public hearing pursuant to Section 6.13, Kalispell Zoning
Ordinance on September 17, 1990 and considered 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 appropriate based upon the
following criterion:
1. Does the requested zone comply with the master
plan?
The proposed B-1 zoning classification is compatible
with the mapped and text descriptions of the Kalispell
City -County Master Plan.
2. Is the requested zone designed to lessen congestion
in the streets?
The City B-1 zoning classification is compatible to the
existing county zoning classification so no increase in
traffic potential or congestion is expected. In fact,
any future change in use of the existing structure
should be less "intensive" than the current tavern
operation.
3. Will the requested zone secure safety from fire
panic, and other dangers?
The proposed B-1 zoning classification will limit
allowed uses to those that are neighborhood -compatible;
thereby posing less likelihood for the significant
impacts that might be associated with a more intensive
commercial zoning classification. In the case of
existing non -conforming uses, the B-1 zoning
classification would severely restrict options for
expansion. Annexation will be linked to the provision
of a fire hydrant and the existing level of such other
services as police and fire protection should be
adequate to accommodate to anticipated demands of uses
that might be associated with a B-1 zoning
classification.
4. Will the requested change promote the health and
general welfare?
The proposed B-1 classification is in the general
public interest. The classification will promote
orderly growth and development consistent with the
surrounding character of the area. The zoning is
consistent with the Master Plan which reflects the
preferred development pattern for the City and
vicinity. The B-1 zoning is an effective transition
zone between a public park and residential area. And
because of its location and anticipated land use
integrity, city services can be adequately provided and
as such, serve to protect the general public health and
the general public interests.
5. Will the requested zone provide for adequate light
and air?
The bulk and dimensional standards of a B-1 zoning
classification, such as height, setback, and floor area
ratios will ensure adequate light and air consistent
with the "light" (non -intensive) commercial nature of
the classification.
6. Will the requested zone prevent the overcrowding of
land?
Overcrowding can be a function of many variables
including excessive land coverage or the occurrence of
uses that place excessive burdens on public services.
In this particular situation, services are available to
adequately accommodate the needs of B-1 uses. The
required setback distances and the maximum floor area
ratio of a B-1 classification should also prevent the
"overcrowding of land".
7. Will the requested zone avoid undue concentration
of people?
No permanent population of people will be associated
with the proposed classification since residential
dwellings are not permitted uses. The list of
permitted uses is intended to represent those uses that
are compatible with residential neighborhoods so the
potential for "excessive" people is less likely for a
"neighborhood" classification as opposed to any of the
other commercial zoning classifications.
8: Will the requested zone facilitate the adequate
provision of transportation, water sewerage schools
parks, and other public requirements?
Many of the public services are currently available to
the property such as electricity, telephone and roads.
Sewer had to be extended to the property and a water
main will need to be extended to the vicinity in order
to accommodate the installation of a new fire hydrant.
Extension of these facilities will facilitate
development of other properties in the vicinity. The
B-1 classification, however, will have a minimal effect
on the demand for schools and parks.
9. Does the requested zone give consideration to the
articular suitability of the property for particular
uses?
The property is best suited to light commercial or
professional office uses. It has favorable street
frontage and services are available for the needs of a
B-1 classification. The current "tavern" use is....not
compatible with the B-1 classification but would be
"grandfathered" under the non -conforming provisions of
the Kalispell Zoning Ordinance.
10. Does the requested zone give reasonable
consideration to the character of the district?
The property is -ideally suited to "light" or
neighborhood compatible commercial uses. The property
adjoins a street "collector" and is situated between a
public park and a residential neighborhood. A zone
that allowed more intensive uses would negatively
impact these adjoining properties.
11. Will the proposed zone conserve the value of
buildings?
The B-1 zoning classification would help implement the
Kalispell City -County Master Plan and thereby help to
promote the general public interest. It would also
serve to compliment the adjoining "park" and
residential neighborhood, which will help maintain the
values and current uses of the adjoining properties.
The potential value of the existing tavern could be
affected either positively or negatively. On the
negative side, expansion would be limited due to the
non -conforming status whereas a positive aspect might
be the perceived special situation of having a tavern
in a location that cannot similarly be extended to
other similar uses. In other words, the existing
tavern can continue to exist in an area where such a
use would not otherwise be permitted.
12. Will the requested zone encourage the most
appropriate use of the land throughout the
municipality?
The Kalispell City -County Master Plan indicates that
this area, when considered on a city-wide basis, is
best suited to neighborhood commercial uses. The Plan
distinguishes between "Neighborhood", "Highway", and
"General Commercial" districts. Due to the character
of the subject area, the latter two "districts" are not
appropriate nor is it prudent to promote strip
commercial development outside the established highway
or general commercial districts of Kalispell. To do
otherwise would inefficiently disperse general
commercial uses to locations where the impacts to local
services and established uses would be the most severe.
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 above, 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 city water main be extended as necessary
to install a fire hydrant at the northwest intersection
of Woodland Park Drive and Conrad Drive. This
requirement can be accomplished on a cost -sharing basis
with the parties seeking annexation of Lot 13, Block 3,
Phillips Addition. 91155 1 t
2. That the water main extension and fire hydrant be
installed in accordance to all applicable city
construction codes with the cost of said improvements
to be borne by the petitioner.
3. That all delinquent taxes be paid prior to
annexation.
4. That the parking lot of the Scoreboard Bar be paved
and comply with City standards for storm drainage.
5. That the properties not be annexed pending completion of
the required improvements or posting of a utilities
extension agreement, together with a Letter of Credit
payable to the City to guarantee completion of the water
main extension and fire hydrant within a period of six (6)
months following the effective date of annexation.
SECTION II. 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.
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 Neighborhood Business, B-1.
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 OF THE CITY OF KALISPELL AND
'�D BY THE MAYOR THIS 17th— DAY OF September , 1990.
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Amy H. Robertson
City Clerk -Treasurer
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Ro w. Ho kins, Mayor
I, the undersigned, Clerk -Treasurer of the City of Kalispell,
certify that the foregoing is a true copy of the Resolution
passed by the City Council of the City of Kalispell, Montana at
a regular meeting held Ste+. 1744, 149v ,
Clerk-T easurer of the City of Kalispell
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STATE OF MOMANF�,
County o{ Flathead ) as � j
Recorded at 1ha anrequest of _ __ W n--- Phis __ �C-.__ dsy of _'. R
o'clock f'M d recorded in the rec , o Oh.ad Coum% SfAe of mwana.
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