Resolution 4161 - Annexation - Keller Addition�21
RESOLUTION NO. 4161
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 DESCRIBED IN EXHIBIT "Alf , TO BE KNOWN AS KELLER ADDITION
NO. 259; TO ZONE SAID PROPERTY TWO FAMILY RESIDENTIALr R-4, TO
AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE
DATE*
WHEREAS, the City of Kalispell has received a petition from
Charles E, Keller, the owner of the property described in Exhibit
"All A. attached hereto and thereby made a part hereof, requesting
that the City of Kalispell annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Keller Addition No. 259, City Zone Request, KA-94-2,
dated June 29, 1994, 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 Two Family Residential, R-4. 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:
Does the request-ed zone %comply wi+C.1-1 it;he Master Plan?
The subject property is within the jurisdiction of the
Kalispell City -County Master Plan. According to the map
of the master plan, the property is currently designated
"High Density Residential", with a maximum density of 40
dwelling units per acre,. The requested zoning is in
compliance with that designation.
IF
Does the reguest lessen congestion in the streets?
The impacts due to this zone change would not effect the
street system since only one (1) residence or duplex per
lot is permitted by this zone. Any impact due to the
subdividing of the land would be analyzed at the time of
processIng the plat. No significant negative impact is
expected'.
Will the requested zone secure safety --.-from fire.,____panic_L_
and other dangers?
Development within this zone is subject to development
standards including: lot coverage, maximum building
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he i ght; and the provision of off-street parking.
Further, any development of the property is subject to
review by the City"s Site Plan Review Committee,, and
requires the issuance of building, plumbing, mechanical
and electrical permits. These requirements and review
processes help ensure that development of the property
subsequent to the zone change is done in a safe manner.
No significant negative impact is expected,
Will the re_quested zonepromote the health and general
u7a� 1 f -ra 7
The general purpose of the Cityts 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 R-4 would serve the Flathead
region with additional residential development,, Any
traffic generation that the proposed change allows would
be mitigated at the time of development. In addition,
this area has direct access to an existing major arterial
and may have access to US Highway 93. Any impact to
stormwater runoff, sewers and water would be addressed at
the time of subdivision approval or development
proposals-.
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 Off icial Zoning Map ar e done i.L -t thg.-m. ge-neral 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.
Will the requested zone provide f or ade�Luate light and
air?
The development standards of the zoning ordinance and
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subdivision regulations (i.e., parking, landscaping,
clear vision setback, roadway improvements) would ensure
that light and air are adequately provided. No
significant negative impact is expected.
Will the requested zone. vent the overcrowding of land?
Overcrowding of land occurs when development out -paces or
exceeds the environmental or service limitations of the
property. The Subdivision and Zoning Regulations
controls the intensity requirements that a property can
be developed with. Adequate infrastructure is in place
or can be provided at the time of development to
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accommodate the land uses allowed in the requested zone.
No significant negative impact is expected.
Will the requested zone avoid undue concentration of
people?
Concentration of people relates to the land use permitted
by a particular zone. The proposed zone change would
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. This would not
happen as the proposed zoning will insure that the site
is properly developed. No significant negative impact is
expected.
Will the r sted zone facilitate the adequate provision
of transportation, water, sewer, schools,- parks and other
ts?
public requiremen --,
The additional demands for transportation,, water,, and
sewer will be evaluated pursuant to individual
development proposals, The types of uses permitted in
the zone would impact the schools and parks however, this
impact would be analyzed at the time of subdivision
approval. The need of public facilities for the SAG-10
zone may differ from those -Lequ--'L.-Lt-::d in the R-4 zone,
however, adequate facilities are available. No
significant negative impact is expected,
Does the requested zone give consideration to the
particular suitability of the pr Merty for rticular
uses?
The subject property is well suited for uses permitted
within the R-4 zone. The property is of adequate size
and has ad -equate access to facilities for the type of
uses permitted in the proposed zone. No significant
negative impact is expected,
Does the requested zone. ctive reasonable consideration to
the character of the district?
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. No significant negative impact is
expected,
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Would the proposed zone conserve the value of build ?
The subject request would not impact buildings. if
legally constructed buildings exist that don't meet the
requirements of the new zone those buildings would be
considered non -conforming. This non -conforming status
would permit those buildings to continue as before.
There are no known uses that would be affected by this
zone. A change to the R-4 zone will not significantly
impact, erode or devalue the neighborhood beyond the type
of uses that are currently allowed. No significant
negative impact is expected,
Will the requested zone encourage the most appropriate
use of the land throughout the jurisdiction?
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.
WHEREAS, on the 3rd day of April, 1989 the City Council of the
City of Kalispell adopted, pursuant to Section 7-2-4610, Montana
Code Annotated, an Extension of Services Plan which anticipates
development of City services for approximately five years in the
future, and
WHEREAS,, 1-1he City has caus-ed to be dex.reloned 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 Keller Addition No. 259, 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, Keller Addition No, 259 is included within and
conforms to the Kalispell City -County Master Plan, and
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WHEREAS, the City of Kalispef aesires to annex said property
in accordance with Title 7.. Chapter 2,, Part 46,, Montana Code
Annotated.
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 in Exhibit "A".. attached hereto
and thereby made a part hereof, shall be annexed to the
City of Kalispell and the boundary of the City is altered
to so provide.
SECTION - II. 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
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 Two Family Residential, R-4.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS 1st DAY OF August 1994*
Dougl� D. Rauthe, Mayor
ATTEST:
Amy H.""Robertson
Finance Director
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... .......
EX%LH&IBIT "A"
a
A tract of land in Government Lot 1 of Section 1, Township 28
North, Range 22 West, M.P.M., Flathead Coun�ty, Montana,
described as follows: -
Beaginning at the intersection of the Southerly line of a County
Road and the Westerly line of U.S. Highway No. 93; thence
along the Southerly line of the County Road
North 8903713011 West a distance of 219.76 feet to a point;
thence
North 005912211 West a distance of 8.88 feet to a point; thence
North 8905114411 West a distance of 187.45 feet to a point;
thence
North 8905214211 West a distance of 403.47 feet to the Northwest
corner of that parcel shown on Certificate of Survey No.
6761, which point is on the Southerly line of a County Road,
and which point is the True Point of Beginning; thence along
the Southerly line of the County Road
South 8905214211 East a distance of 60.00 feet to a point; thence
leaving the Southerly line of the road
South 0,02013011 West a distance of 231-00 feet to a point; thence
Scu"*'.'.'h 8-904813411 East a distance of 750.84 feet to the Westerly
line of U.S., Highway No. 93; thence along the Westerly line
of the Highway
South 01021112" West a distance of 307.32 feet to a point; thence
Q
North 89057 14011 West a distance of 407.33 4 feet to a point;
thence
North 89,05114811 West a distance of 403.45 feet to a point;
thence
North 002012911 East a distance of 539.71 feet to the point of
beginning. A
Parcel B of Certificate of Survey No. 79661.
November 1, 1994
I, Debbie Gifford, the undersigned, Clerk of the Council of the
City pf Kalispell, certify that the foregoing is a true and correct
copy of Resolution 4161, adopted by motion by the City Council of
the City of Kalispell at City Hall on August 1, 1994
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