Resolution 4000 - Annexation - Mauzey Addition194
RESOLUTION NO. 4000
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 MAUZEY ADDITION NO. 244; TO
ZONE SAID PROPERTY RESIDENTIAL, R-4, 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, R-4,
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 proposed zone comply with the master plan?
The Kalispell City -County Master Plan indicates an urban
residential land use designation for this area of the city. The
proposed zoning classification is consistent with that land use
designation.
2. Is the proposed zone designed to lessen congestion in the
streets?
The zoning classification will be assigned to a single lot which
is already developed with a single family dwelling. As such,
assigning an R-4 zoning classification will have no additional
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impact on traffic relative to this property.
3. Will the Proposed zone secure safety from firepanic, and
other dangers?
The proposed
zoning classification is compatible with the
characteristics of the
adjoining properties and will not
introduce any "use"
hazards into the area. Upon annexation, the
property will
receive
City of Kalispell police and fire
protection. The zoning
classification has little relevance in
this situation
built out.
to public
safety since the property is already
4. Will the
proposed
zone promote the health and general
welfare?
The proposed zoning is consistent with the Master Plan and with
the existing use of the property. The proposed zoning will
provide a uniform pattern of development in this area of the city
and therefore will be serving the general interests of the
public:
5. Will the proposed zone provide for adequate light and air?
The proposed zoning is identical to those of the surrounding
properties and therefore will allow development consistent with
the adjoining properties. The R-4 zoning classification has
required setbacks of 20 feet for the front yard, 5 feet for the
side yard and 5 feet for the rear yard with alleys.
6. Will the proposed zone Prevent the overcrowding of land?
In this situation, a residential dwelling already occupies the
area subject to the proposed annexation. The proposed zoning
classification is compatible with that existing use.
Overcrowding of land will not occur since a full range of public
services are available to the property which allows for efficient
use of the property for a residential dwelling. In addition,
there are other city codes and regulations that will ensure that
the overcrowding of land will not occur including a maximum lot
coverage at 40 percent as required by the Kalispell Zoning
Ordinance.
7. Will the proposed zone avoid undue concentration of people?
The proposed zoning classification will provide identical land
use restrictions as those currently applied to the surrounding
properties. Because of this, the number of people associated
with this particular lot is expected -to be similar to those of
the adjoining lots.
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8. Will the proposed zone facilitate the ade uate Provision of
transportation, water, sewerage, schools arks and other public
requirements?
No extension of water and sewer mains will be necessary to serve
the property. in addition, improvement to the public roads will
not be necessary. Since the property is already developed in
conformance with the proposed zoning classification, no
additional impacts to public schools, parks or other public
services are expected.
9. Does the proposed zone give consideration to the particular
suitability of the property for particular uses?
The property is situated in a residential area and has been
developed with a single family dwelling. The proposed zoning
classification is consistent with how the property has developed.
10. Does the proposed zone give reasonable consideration to the
character of the district?
The proposed R-4 zoning classification is primarily a single
family and/or duplex zoning classification. This classification
reflects many of the developed uses in the vicinity. The
application of this zoning classification to the subject property
will provide for a uniform pattern of development in the area.
11. Will the proposed zone conserve the _value of buildings?
Since the proposed zoning classification is identical to the
surrounding properties and consistent with the developed use of
the property, the zoning will have a positive affect on the value
of this property and the surrounding properties.
12. Will the proposed zone encourage the most appropriate use of
the land throughout the municipality?
The proposed residential R-4 zoning classification will promote
land uses consistent with the anticipation of the Master Plan and
with the surrounding uses. This area of the city has also been
platted in the past for the purpose of residential dwellings and
the infrastructure including water, sewer and roads reflect the
residential nature of this area.
WHEREAS, on the 3rd day of April, 19B9 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
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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 Mauzey 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, Mauzey 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
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 -Treasurer, 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 Residential, R-4, 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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PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 15th
DAY OF July , 1991.
Doug s D. Rauthe, Mayor
ATTEST:
Amy H. Robertson
Finance Director
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EXHIBIT A
MAUZEY ADDITION NO. 244
A TRACT OF LAND DESCRIBED AS BEING THE E 105 FEET OF THE NORTH 100
100 FEET OF LOT 1, BLOCK 11, HIGH SCHOOL ADDITION TO KALISPELL, A
PLAT OR MAP ON FILE AND OF RECORD, CLERK AND RECORDER'S OFFICE,
FLATHEAD COUNTY, MONTANA.
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EXHIBIT "B° F.R.D.O. June 18, 1991
MAUZEY ADDITION NO. 244
This area lies at the southwest intersection of 8th Street West and 8th Avenue
West in Kalispell. A single family residential dwelling currently occupies
the property. The property is wholly surrounded by the city limits. Please
refer to Exhibit A for a more precise legal description.
A municipal service review was performed in June 1991 by the Kalispell Fire,
Police, Public Works, and Parks Departments. The result of this service
review is that each department is able to provide municipal services to the
Mauzey 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 Mauzey 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 Mauzey Addition.
EXISTING SERVICES:
Water:
A 6" city water main follows the property along 8th Street West and 8th Avenue
West. The existing dwelling on the property is already receiving City of
Kalispell water service.
Sewer:
An 18" sewer main is adjacent to the property in 8th Street West. The
property is already connected to this sewer main.
Storm Drainage:
There are no developeddrainage facilities in the vicinity of the property
other than the adjoining street system.
Streets:
Access to the property is available from 8th Street West or 8th Avenue West,
both paved City streets.
Garbage Collection:
Garbage collection is available on a contract basis to the property from
private companies.
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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:
The subject property is already being served with City of Kalispell municipal
water supplies. No additional demands on the water system are expected.
Sewer:
The property is currently being served by the municipal sewage collection
facilities of the City of Kalispell. No additional demands on the sewage
collection system are anticipated.
Storm Drainage;
A comprehensive storm drainage system is not immediately anticipated for this
area of the City.
Streets:
Street system improvements to the existing public roads 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.
Garbage Collection:
The City of Kalispell, will not provide solid waste disposal service 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. Since
the property is wholly .surrounded by city limits and the property is only
developed with a single family dwelling, no additional demands on the police
department are expected.
Fire Protection:
City of Kalispell fire protection will be available to the property upon
annexation. The fire department would respond to a fire at this location at
the present time due to its location within the outer boundaries of the city
limits. No additional demand on the fire department will be expected with
annexation.
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EXTENSION AND FINANCE STRATEGIES:
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The costs of extending such public services as police and fire protection will
be negligible since the area is already provided with these services. The
entire municipality will share the tax burden for most of the street
maintenance program. Individual improvements to the neighborhood 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. Extension of
water mains and sewer mains to the property are not necessary.
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