Resolution 3979 - Annexation - Marks Addition #238particular note to this property, the floodplain of
Spring Creek will affect the development potential of
the property. Floodplain development permits will be
necessary and ensure that all development stays outside
the floodway.
WILL THE REQUESTED ZONE AVOID UNDUE CONCENTRATION OF
PEOPLE?
Concentration of people is a function of land use
density. The proposed zoning classification regulates
both the type of development and the density of
development. In essence, the number of people
associated with the property will be reflected by the
scale of development on the property. As indicated
previously, the scale of development will be regulated
by both the zoning ordinance and other applicable codes
of the City of Kalispell. These regulations will
ensure that the land is not overcrowded and that
adequate public services are available to the property.
As long as the development of the property does not
exceed the service or environmental limitations of the
property, excess concentration of people is not
expected.
WILL THE REQUESTED ZONE FACILITATE THE ADEQUATE
PR VISION OF TRAN PORTATION ATER SEW RA E SCHOOL
PARKS AND OTHER PUBLIC REQUIREMENTS? -
Development of the property will require the extension
of public water and sewer. This will be accomplished
by the owner of the property in accordance to all
applicable City of Kalispell standards. Access to the
property will also be the responsibility of the
landowner. Since the requested zoning is commercial,
demand for public park or school services is not
expected.
DOES THE REQUESTED ZONE GIVE CONSIDERATION TO THE
PARTICULAR SUITABILITY OF THE PROPERTY FOR PARTICULAR
USES?
Most of the property appears to be within the 100 year
floodplain of Spring Creek. A house currently exists
on the property. If the current use changes to another
use, development of the property will require
compliance with all applicable floodplain regulations.
This would be required regardless of what use might. be
proposed. The floodplain regulations for the City of
Kalispell permit development within floodplains under
certain guidelines and standards. However, it is
difficult to "argue" that this property i.s particularly
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suitable for commercial purposes when vacant commercial
properties are available elsewhere in the City limits
that do not exhibit the same extent of environmental
limitations.
DOES THE REQUESTED ZONE GIVE REASONABLE CONSIDERATION
TO THE CHARACTER OF THE DISTRICT?
The requested zoning classification is primarily
intended for retail uses. The same zoning
classification surrounds the property on virtually all
sides. The application of this zoning classification
to the subject property would provide for a uniform
pattern of development in the area.
WOULD THE PROPOSED ZONE CONSERVE THE VALUE OF
BUILDINGS?
The subject property is currently zoned Residential R-1
in conformance to the Flathead County Comprehensive
Zoning Regulations. And in fact, a house currently is
located on the property. The house will be
"grandfathered" with the change of zoning to Community
Business B-3. However, it is expected that the
commercial zoning classification will enhance the value
of the property since it would provide opportunities
for commercial development. However, the environmental
limitations of the property may have more bearing on
the land value than the commercial designation.
WILL THE -REQUESTED ZONE ENCOURAGE THE MOST APPROPRIATE
USE OF LAND THROUGHOUT THE MUNICIPALITY?
The proposed Community Business B-3 zoning
classification will promote land uses consistent with
the anticipation of the Master Plan and with the
surrounding uses. However, other goals of the Master
Plan also speak to the appropriate use of land in
established floodplains. Regardless of the zoning
classification, City regulations relative to floodplain
management should be adequate to ensure environmental
safeguards with development of the property. However,
the Kalispell City -County Master Plan recognizes the
value of natural drainage ways and does not prioritize
development of such drainage ways.
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", shall be annexed
to the City of Kalispell and the boundary of the City
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is altered to so provide, subject to the following
conditions:
1. That the floodway portion of Spring Creek within
the boundary of the annexed tract, together with a 20
foot setback paralleling the outside perimeter of the
floodway, be designated as a drainage and natural area
easement for the purpose of maintaining a natural
buffer, free of encroachment, along the banks of the
creek.
2. That
annexation
the landowner waive the right to protest
into the City limits and voluntarily
withdraw from
the rural fire
district.
3. That a
minimum 60 foot
wide road easement to the
property
be designated
and recorded prior to
annexation.
4. That development of the property shall be subject
to site plan review by the City of Kalispell. Scope of
review and authority shall apply to all aspects of
public infrastructure needs, access, and other forms of
public service provisions. Design review shall include
consideration of facility siting, setbacks, and
pedestrian walkways.
SECTION 11. 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 Commercial Business, B-3.
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SECTION IV. This Resolution shall be effective on
March 15, 1992.
PASSED BY. THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
15th DAY OF April , 1991.
ATTEST:
u 'V.
Amy Hf Robertson
Finance Director
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EXHIBIT "A"
A tract of land in the SW 1/4 SE 1/4 of Section 12, Township 28
North, Range 22 West, M.P.M., Flathead County, Montana,
particularly described as follows:
Beginning at the northeast corner of said SW 1/4 SE 1/4; thence
West along the subdivision line of Gibson Addition No. 41, a map
or plat on file and of record in the office of the Clerk and
Recorder of Flathead County, Montana, 511.9 feet; thence
South and parallel with the east line of said SW 1/4 SE 1/4 a
distance of 200 feet; thence
East and parallel with the north boundary of said subdivision a
distance of 511.9 feet to the east boundary of said subdivision;
thence
North along the.east boundary of said SW 1/4 SE 1/4 a distance of
200 feet to the Place of Beginning.
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RESOLUTION NO. 39.so
RESOLUTION RELATING TO $2,815,000 SEWERAGE SYSTEM REVENUE
BONDS, SERIES 1991; AUTHORIZING THE ISSUANCE AND FIXING THE TERMS
AND CONDITIONS THEREOF
BE IT RESOLVED by the City Council of the City of Kalispell, Montana (the "City'), as
follows:
Section 1. Authoriza 'on and Recitals,
1.01. . The City pursuant to authority conferred by Montana Code
Annotated, Title 7, Chapter 7, Parts 44 and 45, as amended (the "Act"), and other laws of the State
of Montana, has established and presently owns and operates a municipal sewerage system (the
"System"). Under the provisions of the Act, the City is authorized to issue and sell its revenue
bonds payable during a term not exceeding forty years from their date of issue, to provide funds
for the reconstruction, improvement, betterment and extension of the System and to refund its
revenue bonds issued for such purpose; provided that the bonds and the interest thereon are to be
payable solely out of the net income and revenues to be derived from rates, fees and charges for the
services, facilities and commodities furnished by the undertaking, and are not to create any
obligation for the payment of which taxes may be levied except to pay for services provided by the
System to the City.
1.02. Outstanding Bonds. In accordance with the authorization described in Section 1 and
pursuant to Ordinance Nos. 859 and 1011 and Resolution Nos. 2861 and 3649, the City issued
and sold the following bonds which are currently outstanding: Sewerage System Revenue Bonds,
dated as of January 1, 1972; Sewerage System Revenue Bonds, dated as of July 1, 1976;
Sewerage System Revenue Bonds, Series 1983, dated as of September 1, 1983, currently
outstanding in the aggregate principal amount of $740,000 (the "Series 1983 Bonds"), and its
Sewerage System Revenue Bonds, Series 1986, dated, as originally issued, as of June 1, 1986
(collectively, exclusive of the Series 1983 Bonds, the "Outstanding Bonds"), for the purpose of
financing part of the costs of construction of improvements to the System No other bonds or
indebtedness are outstanding that are payable from revenues of the System The Outstanding
Bonds are outstanding in the aggregate principal amount of $1,485,000.
1.03. This Council has heretofore determined that further
improvements and betterments to the System, including a new wastewater treatment plant and
related appurtenances and improvements (the "Improvements"), are necessary and appropriate . The
costs of the Improvements, including costs of engineering and construction and proviing the
required additional amounts in the reserve fund for the bonds, are presently estimated to be
approximately $12,665,000 in excess of revenues and other funds available for the payment
thereof.
1.04. So=rs ofFunding, Re fiuu ing the Series 1983 Bonne. It is proposed that the costs
of the Improvements be paid from the following sources: approximately $5,820,000 from a grant
that the City has received from the United States Environmental Protection Agency, approximately
$4,818,000 from proceeds of revenue bonds to be issued as parity bonds under Ordinance Nos.
859 and 1011 to the Department of Natural Resources of the State of Montana under the State's
Wastewater Treatment Works Revolving Fund Loan Program, established under Montana Code
Annotated, Title 75, Chapter 5, Part 11, as amended, and approximately $2,027,000 from
proceeds of revenue bonds hereinafter authorized. It is also necessary and desirable as hereinafter
determined to advance refund the Series 1983 Bonds from the proceeds of revenue bonds
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