Resolution 3996 - Annexation - Baltrusch Addition153
RESOLUTION NO. 3996
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN REAL PROPERTY TO BE KNOWN AS BALTRUSCH ADDITION NO. 240;
TO ZONE SAID PROPERTY RESIDENTIAL APARTMENT, RA-1, AND TO AMEND
THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the boundaries of the territory to be annexed is
contained in Exhibit "A" attached hereto and for purposes of this
Resolution made a part hereof, and
WHEREAS, the Flathead Regional Development Office has made a
report on the annexation/zoning of the territory dated June 4,
1991, 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 6.13, Kalispell Zoning
Ordinance on June 11, 1991 and recommended that the territory be
annexed into the City of Kalispell and be zoned Residential
Apartment, RA-1, 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 6.13, Kalispell Zoning
Ordinance on July 15, 1991 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, 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:
1. Does the oroposed._zone comply with the master plan?
The Kalispell 'City -County Master Plan indicates that the subject
property is in a transitional area from high density residential
to general commercial. The suggested zoning classification of
residential apartment RA-1 would be compatible with the
anticipation of the Master Plan.
2. Is the proposed zone -designed to lessen congestion in the
streets?
The effect of the proposed zoning classification on traffic
congestion can only be speculative at this time. The existing
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access off of Corporate Drive appears to be inadequate to
accommodate commercial traffic but probably can be improved to
provide access to residential dwellings. The development of
multi -family dwellings is subject to a conditional use permit, at
which time the impacts of development on traffic can be
anticipated and mitigated. This level of review associated with
the issuance of a conditional use permit is not likely to be
available if the property is zoned commercial.
3. Will the proposed zone secure safety from firepanic, and
other dangers?
At present, the property does not appear to be zoned but is
readily developable due to the availability of infrastructure.
Zoning of the property will ensure that future development will
be compatible with the adjoining land uses. Kalispell Police and
Fire protection will be available to the property upon
annexation.
4. Will the proposed zone promote the health and general
welfare?
Zoning of the subject property is in the best interests of the
area's residents and businesses since all surrounding properties
are currently zoned. Zoning will allow the opportunity for
public review of development proposals and offer some
predictability of future land uses. The zoning is also in
substantial conformance to the master plan which is a measure of
general public interest.
5. Will the proposed zone provide for adequate light and air?
The subject property is in a transition area from rural
residential to general commercial. The proposed zoning
classification of Residential Apartment .RA-1 will serve as an
effective land use buffer between those two distinct land uses.
In addition, the proposed zoning classification provides height
limitations and setback requirements that will ensure adequate
light and air consistent with the needs of a residential land
use.
6. Will the proposed zone prevent the overcrowding of land?
Overcrowding of land will not occur in a residential apartment
RA-1 zoning district. All development must meet City of
Kalispell codes and regulations including the adequate provision
of roads and other infrastructure. In addition, the Kalispell
Zoning Ordinance restricts maximum lot coverage to 40 percent.
7. Will the Proposed zone avoid undue concentration of people?
Concentration of people is a function of land use density. The
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proposed zoning classification regulates both the type of
development and the density of development. The number of people
associated with the property will be reflected by the scale of
development. The proposed zoning classification allows anything
from a single family dwelling to a multi -family dwelling. If a
multi -family dwelling is proposed, adequate review mechanisms are
in place to ensure that the infrastructure needs of the property
are adequately provided and sized. These review mechanisms will
ensure that undue concentration of people will not occur.
8. Will the proposed zone facilitate the adequate provision of
transportation, water, sewerage, schools arks and other Rublic
requirements?
The need or demand for various public facilities will depend on
the development of the property. However, it appears that
adequate infrastructure is in place relative to sewage collection
and water supply. Transportation improvements along Corporate
Drive may be necessary depending on the scale of development.
These type of issues will be further evaluated pursuant to the
issuance of a conditional use permit. The provision of parks and
impacts to school enrollment will also be evaluated pursuant to
that review process.
9. Does the proRosed zone give consideration to the particular
suitability of the property for particular uses?
The subject property does not physically adjoin a major arterial
and is segregated from other commercial uses. The most immediate
influence on the property is from the adjoining tracts of land
that are either vacant, rural residential, or developed with
multi -family dwellings. Due to the relative availability of
various public infrastructure, the proposed zoning appears to be
appropriate for this particular tract of land.
10. Does the proposed _zone give reasonable consideration to the
character of the district?
As suggested earlier, the subject tract is influenced by a
variety of different land uses in the area. However, the tract
of land appears to be somewhat isolated from other commercial
uses and commercial zoned areas. It appears to be more
influenced by the residential character of the properties to the
north and west. Many of the commercially zoned properties to the
east are vacant and in transition from retail to professional
office. As suggested earlier, the proposed zoning classification
would serve as an effective buffer between the more rural land
uses and the more land intensive uses to the east.
11. Will the proposed zone conserve the value of„buildings?
The proposed zoning classification will not have a negative
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affect on any of the adjoining land uses. The uses that might be
anticipated with an RA-1 zoning classification would be
compatible with the single family dwellings in the vicinity as
well as the multi -family and commercial uses.
12. Will the proposed zone encoura a the most a rolDriate use of
the land throughout the munici alit ?
The proposed residential apartment RA-1 zoning classification
will promote land uses consistent with the anticipation of the
Master Plan and the surrounding uses. It will also provide
additional land area for the development of multi -family
dwellings which is generally lacking inside the city limits. The
necessary infrastructure to serve multi -family dwellings is
available to the property at this location.
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 Baltrusch. 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, Baltrusch 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:
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.
SECTION II. Upon the effective date of this
Resolution, the City Clerk -Treasurer's office is
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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 as Residential Apartment, RA-1, 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.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 15th
DAY OF July , 1991.
ATTEST:
Amy H./Robertson
Finance Director
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EXHIBIT A
BALTRUSCH ADDITION NO. 240
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND BRASS CAP MONUMENT WHICH INDICATES THE SOUTH
QUARTER CORNER OF SAID SECTION 12; THENCE
NORTH 000 47'58" .E, ON AND ALONG THE WEST BOUNDARY OF SAID
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1042.69
FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING N 00047'58" E, ON AND ALONG SAID WEST BOUNDARY OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 278.29
FEET TO A POINT WHICH IS THE CENTER SOUTH 1/16 CORNER OF SAID
SECTION 12; THENCE
N 89°38'25" E., ON AND ALONG THE NORTH BOUNDARY OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 313.06 FEET TO A
FOUND 3/4" IRON PIPE WHICH POINT IS THE NORTHWEST CORNER OF
"STREET", GIBSON ADDITION NO. 41, RECORDS .OF FLATHEAD COUNTY;
THENCE
S 00°47'58" W, ON AND ALONG THE WEST BOUNDARY OF SAID "STREET",
GIBSON ADDITION NO. 41, A DISTANCE OF 278.29 FEET TO A POINT;
THENCE
S 89°38'25" W, A DISTANCE OF 313.06 FEET TO THE TRUE POINT OF
BEGINNING.
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EXHIBIT "B"
BALTRUSCH ADDITION NO. 240
F.R.D.O. June 18, 1991
This property is situated at the northerly terminus of Corporate Drive on the
west side of Kalispell. It is generally located in the vicinity of the Ashley
Square Mall. The property is vacant at this time. Please refer to Exhibit A
for a more precise legal description of the property.
A municipal service review was performed in June 1991 by the Kalispell Fire,
Police, Public Works, and Parks Departments. The results of this service
review is that each department is able to provide municipal services to the
Baltrusch Addition on the substantially same basis and in the same manner in
which municipal services are currently provided to the rest of the
municipality.
The Baltrusch Addition 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 the following "mini -plan" (specific to this
annexation) comprise the Extension of Services Plan_ for the Baltrusch
Addition.
EXISTING SERVICES:
Water:
A 12" water main is located at the southeast corner of the property in
Corporate Way. There is no existing demand for water service since the
property is vacant.
Sewer:
A 10" sewer main is located in Corporate Drive, adjacent to the property.
There is no existing demand for sewer service since the property is vacant.
Storm Drainage:
No developed drainage facilities are in the vicinity of the property. There
is no existing demand for improved drainage facilities since the property is
vacant.
Streets:
Access to the property is available from Corporate Drive, a paved City road.
There is no current use of Corporate Drive to serve the property since the
property is undeveloped.
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Garbage Collection:
Garbage collection is available from private companies on a contract basis to
the property.
Police Protection:
The area is within the jurisdiction of the Flathead County Sheriff's
Department.
Fire Protection:
The area is within the jurisdiction of a rural fire district.
ANTICIPATED SERVICE NEEDS:
Water:
Municipal water service is readily available to the property. A tie-in to the
water main will be evaluated upon development of the property. No main
extensions will be necessary.
Sewer:
Sewage collection is readily available to the property off of Corporate
Drive. Again, connection to the sewer main will be evaluated at the time of
development. No main extensions will be necessary.
Storm Drainage:
A comprehensive storm drainage system is not anticipated for the area in the
near future. On -site storm drainage treatment and detention will be the
responsibility of the landowner with development of the property.
Streets:
Street system improvements to Corporate Drive will be accomplished pursuant to
the ongoing street maintenance and reconstruction program of the City.
Routine maintenance, such as patching and snow removal, will also be the
responsibility of the City. Any interior roads necessary Lo provide access to
new development will be the responsibility of the private landowner.
Garbage Collection:
The City of Kalispell will not provide solid waste disposal to the annexed
territory for a period of at least five (5) years, consistent with the
provision of 7-2-4736, M.C.A.
Police Protection:
City of Kalispell police protection will be available upon annexation. No
additional demand on the police force is expected until the property is
developed.
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Fire Protection:
City ❑f Kalispell fire protection will be available to the property upon
annexation. A' fire hydrant is within 100 feet of the property. Again, no
additional demand on the fire department is expected until the property is
developed.
EXTENSION AND FINANCE STRATEGIES:
Extension of water and. sewer mains will not be necessary to serve this
property. The Kalispell Police: and fire Departments can provide services to
this area without additional resources. The entire municipality will also
share the tax burden for most of the street maintenance program. Individual
improvements to the area relative to storm drainage and lighting will be
financed in part by the residents of the entire municipality and in part by
special assessments for that purpose. Such special improvement districts will
be subject to voter approval.
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