Resolution 4055 - Annexation - Heritage Place1�2230 /3130
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RESOLUTION NO. 4055
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, A
TRACT OF LAND AS DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, TO BE
KNOWN AS HERITAGE ADDITION NO. 246; TO ZONE SAID PROPERTY H-1,
HEALTH CARE, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO
DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Developers Diversified, Ltd. and W. E. L. Enterprises, Inc.,
owners of the property described in Exhibit "All, attached hereto,
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 May 5,
1992, 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 27 * 34.080, Kalispell Zoning
V-11 ordinance on May 12, 1992 and recommended that the territory be
annexed into the City of Kalispell and be zoned RA-1, Low Density
Residential Apartment 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 Section 27.34.080, Kalispell Zoning
ordinance on June 15, 1992 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, the City Council reviewed the RA-1, Low Density
Residential Apartment and H-1, Health Care and determined that
both classifications would be compatible for the intended use
upon the property, 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 in accordance with the
Kalispell City -County Master Plan and the Kalispell Zoning
ordinance based upon the following criterion:
Does the requested zone comply with the Master Plan?
The Kalispell City -County Master Plan indicates that
this area of the City is a transitional area between
land use designations of "Medical -Professional" and
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"High -Density Residential". The proposed H-1
classification is compatible in this transitional area.
Is the requested zone designed to lessen congestion in
the streets?
Access to the property is available from Heritage Way.
It may also be possible to develop access from Windward
Way. Site plan review and/or subdivision review
requirements will evaluate the adequacy of the
transportation system when a particular project is
proposed.
Will the requested zone secure safety fromfire, panic,
and other dangers?
The property does not appear to be subject to any
particular natural hazards. Development of the
property will require compliance with all city safety
codes including uniform codes relating to fire and
building safety. Upon annexation, the property will be
served with all municipal services including police and
fire protection.
Will the requested change promote the health and
general welfare?
The requested zoning classification will promote the
health and general welfare by restricting land uses to
those that would be compatible to the adjoining
properties. Other city codes that are intended to
serve the "general welfare" would also be applicable to
any proposed development projects.
Will the requested zone provide for adeguate light and
air?
The property development standards of an H-1 zoning
classification establish setback, height, and coverage
standards for new development. These standards are
sufficient to ensure adequate light and air.
Will the requested zone prevent the overcrowding of
land?
Zoning (bulk and dimensional standards) and site plan
review authority will ensure that the property is
adequately served with utilities and other public
demand services. The land coverage allowance is
similar to that of the adjoining properties.
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Will the requested zone avoid undue concentration of
people?
The list of "Permitted" and "conditionally permitted"
uses in an H-1 zoning classification are intended to
be compatible to an area that is adequately served by
public infrastructure and other safety services. Those
residential and non-residential uses that appear to be
more land or "people" intensive must mitigate various
impacts via compliance with an issued conditional use
permit. As such, it is unlikely that excessive people
will result if adequate services are available to serve
the needs of a particular use and if the project is
reviewed as a conditional use.
Will the requested zone facilitate the adeguate
provision of transportation, water, sewerage, schools,
parks, and other public requirements?
The adequacy or need for any of the above -listed public
services will be evaluated in conjunction with a
proposed project. Normally, any limitations of a site
in terms of infrastructure or the provision of other
public services must be enhanced, extended, or provided
by the project developer. Regulations applicable to
project review include the following:
Site plan review (Zoning ordinance)
Conditional use (Zoning ordinance)
Subdivision review
City of Kalispell Standards and General Provisions for
Design and Construction
Conditions of annexation
Does the requested zone give consideration to the
particular suitability of the Property for particular
uses?
The "particular use" could be anything listed as a
permitted or conditional use in an H-1 zoning
classification. The property is generally suitable for
development since roads, water, sewer, and other public
services are available to the property. Additional
demands beyond the existing situation would have to be
satisfied by the developer in conjunction with project
review.
Does the requested zone give reasonable consideration
to the character of the district?
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The requested zoning classification is flexible enough
to allow limited commercial, residential and medical -
related uses. The type's of land uses permitted in the
H-1 zone would be compatible to this area of the city.
Will the proposed zone conserve the value of buildings?
The requested zoning classification will offer an
opportunity to develop the property in a fashion that
is similar to the adjoining properties. Since all uses
in the area should be compatible, the value of all
"affected" properties are likely to be maintained.
Will the requested zone encouracre the most appropriate
use of the land throuqhout the municipality?
The requested H-1 zoning classification will promote
land uses consistent with the anticipation of the
Master Plan and with the surrounding uses.
WHEREAS, on the 3rd day of April, 1989 the City Council of
the City of Kalispell adopted, pursuant to Section 7-2-4506,
Montana Code Annotated, an Extension of Services Plan which
anticipates development of City services for approximately five
years in the future, and
WHEREAS, the City has caused to be developed a "mini -
extension of services plan", attached hereto as Exhibit "B" and
thereby made a part hereof, for the territory by this Resolution
annexed to the City of Kalispell, and
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Heritage Addition, subject to
annexation, including water, sewer, storm drainage, streets,
garbage collection, police protection and fire protection, and
WHEREAS, said "mini -extension of services plan" 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
WHEREAS, Heritage Addition is included within and conforms
to the Kalispell City -County Master Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KALISPELL AS FOLLOWS:
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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,
subject to the following provisions:
1. That the property be created as a separate tract of
land via review as a subdivision.
2. That the landowner waive the right to protest
annexation into the city on a form acceptable to the
City.
3. That the landowner dedicate a. public right-of-way
extension between Heritage Way and Windward Way. Said
right-of-way shall be a minimum of 60 feet wide and
follow a route acceptable to the city of Kalispell.
4. That the 12-inch water line in Heritage Way be
extended to the Southerly property line within the
above -referenced right-of-way and terminate with a
hydrant. The design and construction of the extension
shall be completed in accordance to city of Kalispell
standards and all costs shall be borne by the
landowner.
SECTION II. Upon the effective date of this
Resolution, the City Clerk of Council'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
prepared by the City
effective date hereof,
said annexed territory
shall be subject to all
regulations in force in
be entitled to the same
other parts of the City.
of filing of said documents as
Clerk of Council, or on the
whichever shall occur later,
and its citizens and property
debts, laws and ordinances and
the City of Kalispell and shall
privileges and benefits as are
SECTION III. The territory annexed by this Resolution
shall be zoned as H-1, Health Care, and the City of
Kalispell zoning map shall be altered to so provide.
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.
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Rlmaffimp
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 1 Sth DAY OF - - igne 1 1992.
6ro. wt. I I I I W�' FPO 9-1; 40i ,,, J,
ATTEST:
Amyji. Robertson tq
Finance Director awt. *ZL
I, the undersigned, Finance Director 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 June 15, 1992 .
t1nancd Director of the City of Kalispell
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922301,3/30
EXHIBIT A
HERITAGE PLACE, FIRST ADDITION
A tract of land, situated, lying, and being in Government Lot 61 Of Section 61
Township 28 Norths Rang& 21 W*sts P.M.M., Falthead County, Montana, and more
paticularly described as follows to witt
Commencing at the northeast corner of Government Lot 6 of Section 69 Township
28 Norths Range 21 Wests P-M-M-v Flathead County, Montanal
Thence SOe 4al 26"W and along the east boundary of said Government Lot 6 a
distance of 229-47 feet to a sot iron pin and the true point' of beginning of
the tract of land heroin doscribods
Thence* continuing S021481261W and along said boundary 330*42 feet to a found
iron pinj
Thence N81 113' 16"W 299-96 foot to a set iron pinj
Thence N04142144*E 330.11 feet to a found iron pin an the southerly R/W of a
70.eS feet wide road known as Heritage Wayl
Thence leaving said R/W N04140121-E 65.8e foot to a sot iron pin on the
northerly R/W of a 6e foot private road and utility easseentl
Thence Sal 19139*E and along said R/W 60.154 foot to a set iron pin;
Thence S044 421 44*W and along the easterly R/W of said 68 foot private road and
utility easement a distance of 65.ft feet to a sot iron pinj
Thence leaving said R/W SaSI19139-E 228.98 feet to the point of beginning and
containing 2.322 acr*sl
0
92230/313()
EXHIBIT "B"
HERITAGE ADDITION NO. 246
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION *3838
PREPARED BY THE FRDO
as MAY 1992
Heritage Addition No. 246 is a 2.322 acre parcel of land which is
generally situated near the easterly terminus of Heritage Way and
the northerly terminus of Windward Way in Kalispell. Nearby land
uses include Glacier View Hospital and Heritage Place nursing
home. Annexation is being requested by the landowner. A
perimeter description of the property is set forth in Exhibit A.
The subject property is within the Service Area Boundary of the
City of Kalispell as described by the Extension of Services Plan
adopted by the City of'Kalispell on April 3, 1989 (Resolution
#3838). This broad -based extension of services plan, together
with this naini-plan" comprise the Extension of Services Plan for
the Heritage Addition No. 246.
EXISTING SE�RVICES:
Wat er:
Municipal water lines are located adjacent to the property. A
12-inch line is located in Heritage Way and a fi-inch line is
located in Windward Way.
Sewer:
An a -inch sewer main follows the westerly boundary of the
property between Windward Way and Heritage Way.
Store Drainage:
There are no public -improved drainage facilities in this area.
Streets:
Immediate access to the property
a city road. The right-of-way
the property from the south.
Garbage Collection:
is available from Heritage Way,
of Windward Way also extends to
Collection of garbage is available on a contract basis to the
property from private companies.
I
IOCU14ENT IS ILLEGIBLE AND 92230
NOT LEG113LY REPRODuCIBLe
Police Protections
The area is currently within the Jurisdiction of the Flathead
County Sheriffs Department.
Fire Protections
The property is currently within the jurisdiction of the
Evergreen Volunteer Fire Department.
ANTICIPATED -SERVICE NEEDS:
Water:
Water supply can be extended to the property from the 12-inch
water line in Heritage Way. The water supply may have to be
looped to the water line in Windward Way depending an how the
property is developed or.subdivided.
Sewer:
Any anticipated sewage generation from the property can Probably
be accommodated by the existing sewer main that adjoins the
property.
Stars Drainage:
No *public" storm drainage system is proposed for this area. on -
site retention and disposal of storm water will be evaluated
during the review phase of any proposed development.
Streets:
Access and circulation to the property would be enhanced with
completion of a roadway connection between Windward Way and
Heritage Way- At this times access is only available to the
property from Heritage Way.
Garbage Collection:
The City of Kalispell will not provide solid waste disposal
service to the annexed territory for a period of at least 5
yearst consistent with the provision of 7-2-4736, M.C.A.
police Protection:
City of Kalispell Police protection will be available upon
annexation. This Department is able to provide "service" to this
property on the substantially same basis and in thesame manner
in which this service is currently provided to the rest of the
municipality-
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DocUMENT IS ILLEGIBLE AND 92230
—NQT ��IBLY REPRODUCIBLF
Fire protection:*
City of Kalispell fire protection will be available to the
property upon annexation. Emergency response time Is less than 5
minutes. A hydrant is located nearby in Heritage Way.
Additional hydrants may be required with development of the
property. This Department is able to provide -service- to this
property on the substantially same basis and in the same manner
in which this service is currently provided to the rest of the
gunicipality.
E X T :- N-S-1-C-) Y L AND- 1_1 _NA_N CE_ _S-T R A I �E(3 I E S :
The cost of extending such public services as I Police and firm,
protection are expected to be negligible until such time as the
property is developed. The general source of money to extend
these type -of services is from the general tax revenues received
from this property and other properties inside the city limits.
Individual improvements to the property, including the extension
of Heritage Way to Windward Way, extension of the 12-inch water
line and installation of hydrants, and stormwater management
improvements will be the responsibility of the landowner. Any
area -wide improvements relative to a comprehensive stbre drainage
system or lighting will be financed in part by the residents of
the entire municipality and in part by special assessments for
that purposee
STATE OF MONTANA,
ss
County of Flathead
Recorded at the request Qf�
ze-at
this day of t
'/:13-0, cloc,710 M and recorded in
the records of Flathead County, State of Montana.
Fee $ (V (--), 6V P d . '4��
Flat d County Cle ecorder
RECEPT10N NO. 92230 13/3 U1% x,
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