04. Resolution 4158 - Intent to Annex - GrandviewRESOLUTION NO. 4158
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED
TERRITORY TO THE CITY OF KALISPELL DESCRIBED IN EXHIBIT "A", TO BE
KNOWN AS GRANDVIEW ADDITION NO. 256, TO FIX A DATE OF PUBLIC
HEARING THEREON, AND TO PROVIDE FOR DUE AND PROPER NOTICE OF
HEARING.
WHEREAS, certain real property as is more particularly
described in Exhibit "A", attached hereto and for purposes of this
Resolution made a part hereof, is contiguous and wholly surrounded
by the corporate limits of the City of Kalispell, and
WHEREAS, in the judgement of the City Council of the City of
Kalispell, Montana, it is in the best interest of the City of
Kalispell and the inhabitants of said contiguous and wholly
surrounded tracts that the same be annexed to the City of
Kalispell, so that the boundaries of the City of Kalispell should
be extended so as to include the same within the corporate limits
of the City, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission has recommended that said property, if annexed be zoned
Low Density Residential Apartment, RA-1, and
WHEREAS, the City of Kalispell desires to annex the property
to the City of Kalispell under the provisions of Title 7, Chapter
2, Part 45, MCA.
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 comprising
all of the contiguous and wholly surrounded
property described in Exhibit "A" be embraced
within the corporate limits of said City and
that the boundaries of said City be extended
to included the same.
SECTION II. That it is further the intention of the City
of Kalispell that the property described in
Exhibit "A", upon annexation, be zoned Low
Density Residential Apartment, RA-1.
SECTION III. That the City Clerk of Council shall give
immediate notice of the passage of this
Resolution by notifying all owners and
purchasers under contract for deed of the
property in the territory, addressed to the
address to which tax notices are sent, and
publish said notice in the Daily Inter Lake
once a week for two successive weeks.
SECTION IV. That the notice herein ordered published shall
state that this Resolution has been duly and
regularly passed and that for a period of
twenty (20) days after the first publication
said Clerk of Council will receive expressions
of approval or disapproval, in writing, from
the freeholders within the territory to be
annexed, except that, in accordance with
Section 7-2-4502, MCA, the territory shall be
annexed, upon passage of Resolution of
Annexation, whether or not a majority of the
resident freeholders in the territory object.
SECTION V. That at the next regularly scheduled meeting
of the City Council after the expiration of
the twenty (20) days of Section IV, supra, the
City Clerk of Council shall lay before the
City Council all communication in writing
received by him for said Council's
consideration.
SECTION VI. That if after considering the comments made
the Council shall duly and regularly pass and
adopt a Resolution of Annexation, the
boundaries of the City of Kalispell shall be
extended so as to embrace and include said
territory, upon date fixed in said Resolution
of Annexation.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF AUGUST, 1994.
Douglas D. Rauthe - Mayor
Attest:
Finance Director
EXHIBIT "A"
That portion of Government Lots 3, 4, 5, 6. 8, and 133 in Section 6, Township 28 North, Range 21 WM and
GovantLot I and the Southeast Quarter of ffie Nost Quarter of Section 1, Township 28 North,
R,anV 22 West, descHbed as follows:
J5,ts,rr-94
,,gmeup�m�fef
Flathead Regional Development Office
July 15, 1994
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
723 Sth Avenue East - Room 414
Kalispell, Montana 59901
Re: Recommendation of Zoning for Grandview Addition 256
FRIZ3311-11M
Phone: (406) 758-5780
The Kalispell City -County Planning Board and Zoning Commission met on July 12,
1994, and held a public hearing on the following agenda item:
City of Kalispell initiated annexation with an initial zoning classification of
RA-1, Low Density Residential Apartment. The properties contain 88.9 acres.
The site is bounded on the east by Grandview Drive, on the west by US
Highway 93, on the north by Parkview Terrace Subdivision, and on the
south by Heritage Way and Sunnyview Lane. The property primarily has
access onto US Highway 93 and Grandview Drive. The property is
specifically described in Exhibit B attached to FRDO report #KA-94-3.
During the public hearing, two persons spoke in favor of the requested zoning as
an appropriate transition for that area of the City. One persons spoke in
opposition, stating her property was commercial, and requested that it remain
commercial. After brief discussion, the Commission adopted FRDO Report #KA-94-3
as findings of fact, and voted 6-0 to recommend to the City Council that the
subject property be zoned RA-1 upon annexation into the City of Kalispell.
This recommendation for zoning is forwarded to the City Council for a subsequent
public hearing and final action. Please contact the Commission or the FRDO if you
have any questions.
Respectfully submitted,
SPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
mela B. Kenn y
;R
Vice -President
Attachments: FRDO Report #,KA-94-3 & Packet
Letter from Eileen Maycumber (7/10/94)
c: Mayor Doug Rauthe
F:\...\TRANS MIT\KALISPEL\KA-94-3.256
Providing Community Planning Assistance To:
Flathead County a City of Columbia Falls o City of Kalispell * City of Whitefish a
GRA NDVIEW ADDITION 256 - CITY ZONE PEOUEST
P.A-11 (COUNTY) TO PA-1 (CITY)
FRDO CITY ZONE REPOPT #KA-94-3
JUNE 29, 1994
The City of Kalispell has initiated annexation of a tract of land into the city limi
of Kalispell. This report evaluates the annexation relative to the assignment of
City zoning classification in accordance with Section 27.03.010(4) of the Kalisp
Zoning Ordinance. I
The City has ated a zoning classcation of RA-1 (Low Density Residential
Apartment). Presently, the property is zoned County RA-1 under the Hathead
County Zoning Regulations. The Kalispell Zoning Ordinance defines the intent of
the RA-1 Clascation as follows:
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The property consists of multiple parcels that are vacant and have been developed
as residential. North, the property zoned County R-1 is vacant, and property zoned
City R-3, R-4, and RA-1 have been developed as residential; east zoned County R-1
and City R-3 is vacant; to the south, zoned City H-1 and R-3, is developed with
medical and residential uses; and to the west, zoned City R-3 and R-4 with a church
.-n* residences.
1
city water and sewer services are available in the area. A separately prepared
"Extension of Services Plan" discusses the provision of public services to this
property.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory procedure for evaluating zone changes is set forth by 76.2-303, M.C.A.
Findings of Fact for the zone change request are discussed relative to the criteria
described by 76-2-304, M.C.A.
Congestion in the street is caused by an overburden on the street of traffic. TH-n
zone in this case would not cause undue congestion because traffic generation
a function of the number of dwelling units and uses that are allowed within a giv
t area. The City RA-1 is essentially the same as that of the County, so no grea
impact is expected under the City than the County.
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in a safe manner. No significant negative impact is expected.
Will The Reguested Change Promote. The Health And General Welfare?
The general purpose of the City's zoning ordinance is to promote the general
health and welfare and does so by implementing the City -County Master Plan. The
master Plan would support the requested zone change. Designation of this area as
RA-1 would serve the Flathead region with additional residential development. Any
traffic generation that the proposed change allows was mitigated at the time of
development. In addition, this area has direct access to an existing major arterial.
Any impact to stormwater runoff, sewers, and water have been addressed at the
time of subdivision proposals.
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The zoning ordinance provides a mechanism for public input and review for all
zone change requests. This process offers an opportunity to ensure that any
changes to the Official Zoning Map are done in the general public interest.
Additionally, other review mechanisms are in place to ensure that development is
in compliance with all applicable safety codes. No significant negative impact is
expected.
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The development standards of the zoning ordinance and subdivision regulatio 10
(Le.: parking, landscaping, clear vision setback, roadway improvements) woul�'
ensure that light and air are adequately provided. No significant negative impa
is expected.
Will The Requested Zone Change Pr�vent Ihe Overcrowding of Land?
overcrowding of land occurs when development out -paces or exceeds th
environmental or service limitations of the property. The Subdivision and Zonini
Regulations control the intensity requirements that a property can be clevelopel
with. Adequate infrastructure is in place or can be provided at the time
development to accommodate the land uses allowed in the requested zone. N
significant negative impact is expected. I
Concentration of people relates to the land use permitted by a particular zone.
The proposed zone change would not increase residential density in the area.
infrastructure exists or can be provided which supports the proposed change. The
zoning ordinance covers the intensity of use that would be permitted in this zone.
An undue concentration of people would result if the property is developed at a
level which exceeds the environmental or service carrying capacity of the land
which would not happen. The proposed zoning will insure that the site is properly
developed. No significant negative impact is expected.
Will The Requested Zone Facilitate The Adequate, Provision Of Transroortatio
Water, Sewer, Schools, Parks And other Public Requirements?
Additional demands would be evaluated pursuant to individual clevelopme
proposals. Because both zones are essentially the same, no significant negativii
impact is expected.
Does T The Particular Suitability Of Th
ProioertV For Particular Uses?
The subject site is well suited for uses permitted within the RA -I zone.Th
property is of adequate size and has adequate access to facilities for the dtype
uses permitted in the proposed zone. No significant negative impact is expecte
3
Does The Reauested Zoning Give Reasonable Consideration To The Character Of This
671 S-t ri —Ctf
The properties in question are well Suited for the type development anticipated
under the requested zone because of the topography, access, regional location,
and size of the proposal. The County zone is essentially the same as the City zone
therefore, no significant negative impact is expected.
The requested zoning classification would be consistent with the Kalispell City -
County Master Plan. The Plan and the existing permitted uses under the zoning
ordinance generally identifies this area for residential. The change would
encourage the most appropriate use of the land. No significant negative impact
is expected.
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EXHIBIT "A"
To Flathead Planning Board and Kalispell City Council:
I ( /-C V ,
1-1 17
21
23
25
27
29
18
20
22
4
26
28
30
CITY OF KALISPELL
NOTICE
NOTICE IS HEREBY GIVEN that the City Council on the 1st day of
August, 1994, passed Resolution No. 4158 declaring an intention to
annex certain real property described in Exhibit "A" attached
hereto.
Said Resolution declared that it is in the best interest of
the City of Kalispell and the inhabitants thereof that said
property be annexed to the City of Kalispell and recommended that
the property be zoned as Low Density Residential Apartment, RA-1.
NOTICE is further given that for a period of twenty (20) days
after the 9th day of August, 1994, that date being the date of
first publication of this notice in the Daily Inter Lake, the City
Clerk of Council of the City of Kalipsell will receive expressions,
in writing, of the approval of the porposed annexation from the
free holders of the territory of said property, provided however,
that in accordance with Section 7-2-4502, Montana Code Annoted, the
territory shall be annexed, upon passage of a Resolution of
Annexation, whether or not a majority of the resident freeholders
in the territory object.
The City Council of the City of Kalipsell shall on the 6th
day of September, 1994, hold a hearing, in the Council chambers,
City Hall, City of Kalispell on the proposed annexation at which
time the City Clerk of Council shall lay all communications
received by said Clerk concerning said annexation before the
Council for the Council's examination.
Said territory if annexed shall be known as Grandview Additon
No. 256.
Dated this day of August, 1994.
Clerk of Council
Publish: August 9, 1994
August 16, 1994