2. Resolution 4674 - Annexation - Summit Ridge AreaTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Annexation and Initial Zoning of R-3, Residential -
Summit Ridge Area
MEETING DATE: December 17, 2001
BACKGROUND: The City of Kalispell has initiated annexation proceedings for strip of
land in the Northridge area to annex a small strip of property approximately 20 feet
wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway Drive
which contains approximate 5,052 square feet (012 of an acre). This annexation is a
housekeeping item since this strip was inadvertently omitted when the properties of
which they are a part of were made part of the city of Kalispell in 1984. This property
will be annexed under the provisions of Sections 7-2-4601 through 7-2-4501, M.C.A.,
Annexation of Wholly Surrounded Land. The properties proposed for annexation lies in
the county. At the time the adjoining properties of which this strip of land is a part of
were annexed into the City of Kalispell in 1984, these properties were zoned R-4,
Residential.
The land use in the area is primarily single-family residential and the properties of
which this land strip is a part anon -residential uses that would generally be considered
support services such as the churches. All of the area immediately surrounding the
strip of land proposed to be annexed is zoned R-3, Residential, a single-family district.
The staff recommended R-3, Residential, zoning which allows single-family residences
as permitted uses and has a minimum lot size requirement of 7,000 square feet and a
width of 60 feet that reflects the existing zoning of the properties in the neighborhood
and of which the strip proposed for annexation is a part. .
All public services and facilities are currently are available or provided to these
properties at the same level of service as other properties. All services shall be provided
to these properties in accordance with the Kalispell Extension of Services Plan and at
the same level of service as all other properties within the City limits. Full City services
to these properties are currently being provided.
The Kalispell City -County Planning Board held a public hearing at their regular
meeting of November 13, 2001. A motion was made and passed unanimously to
forward a recommendation to the Kalispell City Council that initial zoning for this
property should be R-3, Residential, upon annexation.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Summit Ridge Annexation and R-3 Zoning
November 19, 2001
Page 2
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Narda A. Wilson Chris A. Kukulsk
Senior Planner City Manager
Report compiled: November 19, 2001
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Legal description (Exhibit A)
Staff report KA-01-7 and application materials
Draft minutes from 11/ 12/01 planning board meeting
H: \FRDO\TRANSMIT\KALISPEL\2001 \KA01-7MEMO. DOC
Tri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
November 20, 2001
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of R-3, Residential - Summit Ridge Area
The Kalispell City -County Planning Board held a public hearing on November 13, 2001
to consider a proposal initiated by the City of Kalispell to annex a small strip of
property approximately 20 feet wide and 300 feet long on the south side of Summit
Ridge Drive west of Parkway Drive which contains approximate 5,052 square feet (012
of an acre). This annexation is a housekeeping item since this strip was inadvertently
omitted when the properties of which they are a part of were made part of the city of
Kalispell in 1984. This property will be annexed under the provisions of Sections 7-2-
4601 through 7-2-4501, M.C.A., Annexation of Wholly Surrounded Land.
Narda Wilson, of the Tri-City Planning Office, presented staff report KA-01-7,
evaluating the appropriate zoning designation upon annexation. She noted that the
property of which this strip is a part of is zoned R-3, Residential. This is a single
family zoning district and staff recommended that the initial zoning of City R-3,
Residential, be assigned to the property upon annexation to the city.
At the public hearing no one spoke either in favor or opposition to the proposal. A
motion was made and passed unanimously to forward a recommendation that initial
zoning for this property should be R-3, Residential, upon annexation.
Please schedule this matter for the December 3, 2001 regular city council meeting.
You may contact this board or Narda Wilson at the Tri-City Planning Office if you have
any questions regarding this matter.
Sincerely
Kalispell City -County Planning Board
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Summit Ridge Annexation and R-3 Zoning
November 20, 2001
Page 2
GS/NW
Attachments: Exhibit A (legal description)
Staff report KA-01-7 and application materials
Draft minutes 11/ 19/01 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: P.J. Sorenson, City of Kalispell, P.O. Box 1997, Kalispell, MT 59901
H:\FRDO\TRANSMIT\KALISPEL\2001 \KA01-7.DOC
RESOLUTION NO. 4674
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE
KNOWN AS NORTHRIDGE SUMMIT ADDITION NO. 309, TO ZONE SAID PROPERTY
IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE
AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has initiated the annexation
of property inadvertently omitted from annexation in
1984, which is more particularly described in Exhibit A,
attached hereto and thereby made a part hereof, and
WHEREAS, the Tri-City Planning Office has made a report on the
City of Kalispell's Annexation Request, #KA-01-7, dated
November 5, 2001, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into
the City of Kalispell, and
WHEREAS, said territory is included within and conforms to the
Kalispell City -County Master Plan, and
WHEREAS, the City of Kalispell desires to annex said property in
accordance with Title 7, Chapter 2, Part 45, Montana Code
Annotated, Annexation of Wholly Surrounded Land.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described in
Exhibit A, be annexed to the City of Kalispell and the
boundary of the City is altered to so provide, and shall
be known as Northridge Summit Addition No. 309.
SECTION II. Upon the effective date of this Resolution,
the City Clerk 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, 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 III. The territory annexed by this Resolution
shall be zoned in accordance with the Kalispell Zoning
Ordinance.
SECTION IV. This Resolution shall be effective
immediately upon passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 17TH DAY OF DECEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
That portion of land not previously annexed which falls
within the City of Kalispell, more particularly described
as follows:
the northerly portions of Lots B, C, D and the 10
foot wide Tract 1 (County Tract 2W) falling between
Lots C and D, northerly of the North Right -of -Way
line of the abandoned Mission Lane, as shown on
Northridge Summit, an amended subdivision plat of
Lots 10, 11 and 12 of Block 8 of Northridge Heights
section 3 and Lot 21 of Block 2 of Summit Ridge
Number 1, located within the NE 1/4, Section 1,
T28N, R22W, PM, M, Flathead County, Montana
according to the plat on file in the Clerk and Recorder's
Office, Flathead County, Montana.
Mann asked if the five-foot setback was adequate now.
Wilson said it was especially if they abandon the alley
because that would give them another eight feet to make a
13 foot setback.
Mann asked if there weren't building codes that addressed
setbacks.
Wilson said there was, but often the zoning is more
restrictive.
Heinecke said he was in favor of the project and because the
building was so far towards the back of the lot the addition
wouldn't detract from that view of it and from 8th Avenue EN
it would be behind the building.
ROLL CALL VOTE The motion passed unanimously with nine in favor and none
in opposition.
CITY OF KALISPELL The City of Kalispell has initiated the annexation to annex a
ANNEXATION small strip of property approximately 20 feet wide and 300
feet long on the south side of Summit Ridge Drive west of
Parkway Drive that contains approximately 5,052 square feet
(012 of an acre). This annexation is a housekeeping item
since this strip was inadvertently omitted when the
properties of which they are a part of were made part of the
city of Kalispell in 1984
STAFF REPORT #KA-01-7 Narda Wilson of the Tri-City Planning Office gave a
presentation of staff report #KA-01-7 saying this was a
request for annexation of the northerly strip of Lots B and C
of Northridge Summit, the northerly strip of Northridge
Summit Amended Subdivision Lot D, and the northerly strip
of Assessors Tract 2W. Wilson said the area proposed for
annexation is approximately 20 feet wide and 200 feet long,
and staff is recommending R-3, Residential zoning which
reflects the existing zoning of the neighboring properties.
Wilson said staff was recommending approval of the
annexation and initial zoning of R-3.
Van Natta said Lots B and C are not developed, but there
was a residence on Lot D.
APPLICANT/AGENCIES There was no one who wished to speak.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
PROPONENTS There was no one who wished to speak.
Kalispell City -County Planning Board
Minutes of the meeting of November 13, 2001
Page 4 of 5
OPPONENTS There was no one who wished to speak and the public
hearing was closed.
MOTION Pierce moved that the Kalispell City -County Planning Board
and Zoning Commission adopt staff report #KA-01-7 as
findings of fact and forward a recommendation to the
Kalispell City Council to adopt R-3, Residential, upon
annexation. Van Natta seconded the motion.
BOARD DISCUSSION There was no Board discussion.
ROLL CALL VOTE The motion passed unanimously with nine in favor and none
in opposition.
The City portion of the meeting was adjourned at 7:30 p.m.
Greg Stevens, Chairman Sandie Mueller, Recording Secretary
APPROVED as submitted: / corrected Date:
Kalispell City -County Planning Board
Minutes of the meeting of November 13, 2001
Page 5 of 5
CITY OF KALISPELL
ANNEXATION WITH AN INITIAL ZONING OF R-3 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-01-7
NOVEMBER 5, 2001
The City of Kalispell has initiated annexation proceedings for strip of land in the Northridge
area. A public hearing has been scheduled before the Kalispell City -County Planning Board
and Zoning Commission for November 13, 2001, beginning at 7:00 PM, to consider
appropriate zoning for the area proposed to be annexed. The Planning Board and Zoning
Commission will forward a recommendation for appropriate zoning to the Kalispell City
Council for consideration.
BACKGROUND INFORMATION
The City of Kalispell has initiated the annexation to annex a small strip of property
approximately 20 feet wide and 300 feet long on the south side of Summit Ridge Drive west
of Parkway Drive which contains approximate 5,052 square feet (012 of an acre). This
annexation is a housekeeping item since this strip was inadvertently omitted when the
properties of which they are a part of were made part of the city of Kalispell in 1984. This
property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4501,
M.C.A., Annexation of Wholly Surrounded Land.
A. Petitioner: P.J. Sorenson, Zoning Administrator
City of Kalispell
P.O. Box 1993
Kalispell, MT 59903
(406) 758-7732
B. Location and Legal Description of Property: The properties proposed for annexation
can be described as the northerly strip of Lots B and C of Northridge Summit and the
northerly strip of Northridge Summit Amended Subdivision Lot D and the northerly
strip of Assessor's Tract 2W located in Section 1, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
C. Existing zoning: The properties proposed for annexation lies in the county. At the time
the adjoining properties of which this strip of land is a part of were annexed into the City
of Kalispell in 1984, these properties were zoned R-4, Residential.
D. Proposed Zoning: The staff is recommending R-3, Residential, zoning which allows
single-family residences as permitted uses and has a minimum lot size requirement of
7,000 square feet and a width of 60 feet. The proposed City R-3 district reflects the
existing zoning of the properties in the neighborhood and of which the strip proposed for
annexation is a part.
E. Size: The area proposed for annexation us a strip of land approximately 20 feet wide and
200 feet long which contains approximately 5,052 square feet or 0.12 of an acre.
F. Existing Land Use: The land use in the area is primarily single-family residential and the
properties of which this land strip is a part are developed with are single-family homes.
G. Adjacent Land Uses and Zoning: All of the area immediately surrounding the strip of
land proposed to be annexed is zoned R-3, Residential, a single-family district.
Page 1 of 4
H. General Land Use Character: The general land use character of this area is primarily
single-family residential, but with some non-residential uses that would generally be
considered support services such as the churches.
I. Utilities and Public Services: All public services and facilities are currently provided to
these properties at the same level of service as other properties similarly situated in the
city limits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
Extension of Services Plan: All services shall be provided to these properties in accordance
with the Kalispell Extension of Services Plan and at the same level of service as all other
properties within the City limits. Full City services to these properties are currently being
provided.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized criteria
described by 76-2-203, M.C.A.
1. Does the requested zone comply with the Master Plan?
The property proposed for annexation is included in the Kalispell City -County Master
Plan. The master plan map designates the area as Urban Residential. Staff is
recommending that the area be given a City zoning designation of R-3, Residential,
consistent with the other zoning in the area. The recommended zoning designation
complies with the master plan for the area.
2. Is the requested zone designed to lessen congestion in the streets?
No significant increase in the impacts to the area will be created from annexing these
properties into the City since they are currently developed and most of the lot lie
within the City already.
3. Will the requested zone secure safety from fire, panic, and other dangers?
No features on the property exist which would compromise the safety of the public.
Any new construction would be required to be in compliance with the building safety
codes of the City which relate to fire and building safety. Adequate access is available
to accommodate emergency vehicles and life safety equipment.
Page 2 of 4
4. Will the requested zone promote the health and general welfare?
The proposed zoning classification will promote the health and general welfare by
helping to promote the goals of the master plan for the area and encouraging
compatible uses in the area.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site are
established in the Kalispell Zoning Ordinance to insure adequate light and air is
provided
6. Will the requested zone prevent the overcrowding of land?
The proposed zoning designation provides consistency in the development standards
that are currently in place in the area and have governed the development of the area
since its inception.
7. Will the requested zone avoid undue concentration of people?
Minimum lot standards and use standards, as well as subdivision development
standards, will avoid the undue concentration of people at the time future properties
are developed.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
properties. Services to the area will be provided on a basis that is consistent with all
other properties inside the city limits.
9. Does the requested zone give consideration to the particular suitability of the property
for particular uses?
The proposed zoning designation is consistent with the land use designations of the
master plan and with the existing uses that have developed in the area. The zoning
gives adequate consideration to the suitability of the land proposed for zoning.
10. Does the requested zone give reasonable consideration to the character of the district?
The general character of the area is primarily single-family residential with some
supporting uses such as the churches. The proposed zoning creates a residential
designation for the area consistent with that which exists and under which other
development in the area has occurred.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the proposed zoning
accommodates existing uses and provides the zoning that would accommodate
intended uses for the area.
Page 3 of 4
12. Will the requested zone encourage the most appro-priate use of the land throughout the
municinality2
The proposed zoning is in substantial compliance with the Kalispell City -County
Master Plan and is intended to reflect the goals for the municipality as well as the
immediate community.
RECOMMENDATION:
It is recommended that the Kalispell City -County Planning Board and Zoning Commission
adopt Staff Report #KA-01-7 as findings of fact and forward a recommendation to the
Kalispell City Council to adopt R-3, Residential, upon annexation.
H: \REPORTS\... \KA01-7
Page 4 of 4
of Kalis
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
September 5, 2001
Narda Wilson
Tri-City Planning Office
17 2nd St E, Suite 211
Kalispell, MT 59901
Re: Northridge Summit area
IIIIM- erm,"
The City of Kalispell is initiating an annexation proceeding under Section 7-2-4501, MCA,
et sec , relating to wholly surrounded property. The area in question apparently was not entirely
brought into the City under prior annexations, and at least a 60 ft x 300 ft strip was omitted.
Rather than run the risk of omitting any portion of the subject properties, we are using the legal
description for the entire area, even though portions have already been annexed. We would
request that the zoning designation for the annexed area be R-3, which would match the
surrounding neighborhood. The legal descriptions of each lot/parcel are attached. Please let me
know if you need any additional information.
Sincerely,
PJ Sorensen
Zoning Administrator
❑1 03:04p
A & F Research
(40G) 752-0194
p.2
ORDINANCE NO, /Dy(e
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, OF THE CITY
OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 885, APPENDIX B, KALISPELL
CITY CODE); TO CHANCE LOT 12, BLOCK 235, KALISPELL ADDITION NO. 6
FROM RESIDENTIAL, R-4, TO NEIGHBORHOOD PROFESSIONAL BUSINESS, B-Z,
AND TO PROVIDE AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL:
SECTION 1. Section 5.01, Official Zoning Map of the City of Kalispell
Zorr'nr O inance (Ordinance No. 885, Appendix B, Kalispell City Code)
is hereby amended by changing the zoning designation of Lot 12, Block
235, Kalispell Addition No. 6 from Residential, R-4, to Neighborhood
Professional Business, B-2.
SECTION ll. The balance of Section 5.01 Official Zoning Map, of the
City of Kalispell Zoning Ordinance not amended hereby shall remain in
full force and effect.
SECTION 111. This Ordinance shall be effective thirty (30) days trom
and after the date of its final passage by the Council and approval by
the Mayaor,
FINALLY PASSED by the City Council of the City of Kalispell, Montana, and approved
by the Mayor this 4 day of Se n f . , 1984.
Legg �MC�eweil-Mayor--.
ATTEST:
Mar)ori * Grermann, City C erk- re�i asurer
FRDO
MISC-98
CERTIFICATION
APPLICANT: CITY OF KALISPELL
FRDO FILE #: KA-01-7
I, the undersigned certify that I did this date mail notices to the following list of
landowners, per copy of notice attached. :T—
Date: �b��6/
Assessor's S-T-R Lot/Tract Property Owner
No. No. & Mail Address
P J SORENSEN ZONING ADMINISTRATOR
CITY OF KALISPELL
P O BOX 1997
KALISPELL MT 59903-1997
AND ATTACHED LIST
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Kalispell Zone Change from B-1 to B-2 - North Meridian Road
Shining Mountain Church Expansion Conditional Use Permit
Annexation of Strip of Land south side of Summit Ridge Drive
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, November 13, 2001 beginning at 7:00 PM in the Kalispell City
Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the
regularly scheduled meeting of the planning board, the board will hold public hearings and
take public comments on the following agenda items. The board will make a
recommendation to the Kalispell City Council who will take final action.
1. A zone change request by Flathead Valley Orthopedic Profit Share from B-1,
Neighborhood Buffer District, a limited commercial district, to B-2, General Business, a
district that allows a broad mix of commercial uses. The property lies between the east
side of North Meridian Road and the west side of Hwy 93, north of Three Mile Drive. It
contains approximately 4.6 acres and is currently undeveloped. The property proposed
for rezoning can be described as Lot 5 of the Hall Addition #82 in Section 6, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
2. A request by Shining Mountain Church for a conditional use permit to allow the
expansion of an existing church located at 475 Eight Avenue E.N. The property is in an
R-31 Residential, zone which lists churches as a conditionally permitted use. The
existing church contains approximately 1,450 square feet and the new addition would
be constructed to the east of the existing building and would contain approximately
1,650 square feet. The property can be described as Lot 1, Block 1, Northeast Addition
located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
3. A proposal by the City of Kalispell to annex a small strip of property approximately 33
feet wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway
Drive which contains approximate 5,052 square feet (012 of an acre). This annexation
is a housekeeping item since this strip was inadvertently omitted when the properties of
which they are a part of were made part of the city of Kalispell in 1984. The properties
proposed for annexation can be described as the northerly strip of Lots B and C of
Northridge Summit and the northerly strip of Northridge Summit Amended Subdivision
Lot D and the northerly strip of Assessor's Tract 2W located in Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana.
Documents pertaining to these agenda items are on file for public inspection at the Tri-City
Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available
for public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and
concerns known to the Board. Written comments may be submitted to the Tri-City
Planning Office at the above address, prior to the date of the hearing, or contact Narda
Wilson, Senior Planner, at (406) 751-1850 for additional information.
R.
Thomas R. Jentz
Planning Director
ANNEX 10-12-01 2002
10/24/01
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VICINM MAP
CITY OF KALISPELL
ANNEXATION OF APPROX. .12 ACRES OF
WHOLLY SURROUNDED PROPERTY
AND INITIAL ZONING OF R-3
URBAN SINGLE FAMILY RESIDENTIAL
FILE# KA-01-7 SCALE 1" = 150'
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PLOT DATE: 10/16/01
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REPORT TO:
f3Z17uT9
SUBJECT:
City of Kalis
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Honorable Mayor and City Council
PJ Sorensen, Zoning Administrator
Chris Kukulski, City Manager
Northridge Summit clean-up annexation
MEETING DATE: November 19, 2001
BACKGROUND: It recently came to staffs attention that a strip of property along the
southern edge of Summit Ridge near Parkway Drive is an island that had not been annexed into
the city (see vicinity map). Although it has appeared on city maps as being within the city limits,
no city taxes have been paid on the property and no resolution can be found which annexes the
land.
Our best option appears to be to proceed under the provisions for annexation of wholly
surrounded land. The Planning Board will be reviewing the question of initial zoning on
November 13. The first step for the Council would be a Resolution of Intent to annex the
property. That step can take place on November 19. At that point, a notice is to be sent to the
registered voters in the subject area, as well as publication in the newspaper once per week for
two successive weeks. At the first council meeting after the expiration of twenty days after the
first publication (December 17), a Resolution of Annexation would be before the Council. It
would be at that meeting when a decision will be made regarding the annexation.
RECOMMENDATION: The Council move to approve the Resolution of Intent to annex the
subject property.
FISCAL EFFECTS: Minor positive impact.
ALTERNATIVES: As suggested by the Council.
ATTACHMENTS: Vicinity map
Respectfully submitted,
PJ Sorensen
Zoning Administrator
Chris Kukulski
City Manager
Report compiled November 8, 2001
RESOLUTION NO. 4670
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 45,
M.C.A. (ANNEXATION OF WHOLLY SURROUNDED LAND), MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS NORTHRIDGE SUMMIT
ADDITION NO. 309, AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF
THIS RESOLUTION AS PROVIDED BY LAW.
WHEREAS, in the judgment of the City Council of the City of
Kalispell, Montana, it is in the best interest of the
City of Kalispell and the inhabitants thereof, that the
wholly surrounded land encompassed in Exhibit "A"
attached hereto and for purposes of this Resolution made
a part hereof, be annexed to the City of Kalispell, so
that the boundaries of the City of Kalispell include the
same within the corporate limits of the City, to zone
said property in accordance with the Kalispell Zoning
Ordinance, Ordinance No. 1175, as amended; and
WHEREAS, on the 6th day of November, 1995, the City Council
adopted, pursuant to Title 7, Chapter 2, Part 47 Montana
Code Annotated, an Extension of Services Plan which
anticipated development of City services approximately
five years in the future, said Plan being amended on the
1st day of March, 1999, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission on the 13th day of November, 2001, held a
Public Hearing, pursuant to 27.03.010, Kalispell Zoning
Ordinance, to recommend zoning for the territory
described in Exhibit "A" in accordance with the Kalispell
Zoning Ordinance, in the event the territory is annexed
to the City, and
WHEREAS, the City of Kalispell desires to annex the property under
the provisions of Title 7, Chapter 2, Part 45 Montana
Code Annotated (Annexation of Wholly Surrounded Land).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That it is the intention of the City of
Kalispell that certain territory described in
Exhibit "A", be embraced within the corporate
limits of the City.
SECTION II. That it is further the intention of the City
of Kalispell that said property described in
Exhibit "A" be zoned in accordance with the
Kalispell Zoning Ordinance, Ordinance No.
1175, as amended.
SECTION III. The City Clerk shall forthwith prepare and
publish in the Daily Inter Lake, a daily
newspaper published at Kalispell, Montana,
proper notice of this Resolution of Intention
at least once a week for two successive weeks
next preceding the regularly scheduled Council
meeting at which said Annexation will be
considered; and give said notice in writing,
addressed to all registered voters in the
territory proposed to be embraced.
SECTION IV. For a period of twenty days after the first
publication of said notice by the City Clerk,
said City Clerk will receive expressions in
writing of the approval or disapproval of the
proposed annexation from the registered voters
residing in the area proposed to be annexed.
SECTION V. At the regularly scheduled meeting of the City
Council of the City of Kalispell, next
succeeding the expiration of said twenty days,
the City Clerk shall forward all written
communication received by said Clerk for
Council's consideration.
SECTION VI. The City Council, after considering all
written communication, may adopt a resolution
approving the annexation of the property
described in Exhibit "A".
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF NOVEMBER, 2001.
Attest:
"���tG�Le�. -)
eresa Wh e
City Clerk
Wm. E. Boharski
Mayor
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CITY OF KALISPELL
ANNEXATION OF APPROX. .12 ACRES OF
WHOLLY SURROUNDED PROPERTY
AND INITIAL ZONING OF R-3
URBAN SINGLE FAMILY RESIDENTIAL
FILE# 7�ry V —01 PLOT DATE: 20/16/01
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