Resolution 4207 - Annexation & Zone Change - McKee�032
RESOLUTION NO. 44207
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 "A", TO BE KNOWN AS MCKEE ADDITION NO.
263; TO ZONE SAID PROPERTY URBAN SINGLE FAMILY RESIDENTIAL, R-'3, TO
AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from
Timothy McKee, the owner of the property described in Exhibit "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 McKee Addition No. 263, City Zone Request, KA-95-3, dated
March 31■ 1995, 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 Urban Single Family Residential, R-3, 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 Requested Zone comply with the 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
as a transition area between High Density Residential
and Urban Residential". R-3 is considered in compliance
with the Master Plan.
Does the Reguested Zone Lessen Congestion in the Streets?
Congestion in the streets is caused by an overburden of
traffic on the street system. The zone in this case
would not cause undue congestion because traffic
generation is a function of the number of dwelling units
that are allowed within a given area. The property is
subdivided in a manner which should preclude any further
subdivisions and the R-3 density of this property is
expected for this area. In addition, the County R-5
allows development at higher density than does the City
R-3. No significant additional traffic is expected as a
result of this zoning designation.
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Will the Requested Zone Secure Safety from Fire. Panic
and Other Dangers?
Development within this zone is. subject to development
standards including: lot coverage, maximum building
height, and the provision of off-street parking. Any
further development of the property is subject to review
by the City, and requires the issuance of building,
plumbing, and mechanical 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 Reauested.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 City -
County Master Plan would support the requested zone
change. Designation of this area as R-3 would have
little or no impact. Any traffic generation that the
proposed change allows would be mitigated at the time of
redevelopment. Any impact to stormwater runoff, sewers,
and water would be addressed at the time of 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 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.
Will the Reguested Zone Provide for Adeguate Light and
Air?
The development standards of the zoning ordinance and
subdivision regulations (i.e.: parking, landscaping,
clear vision setback,.roadway improvements, etc.) would
ensure that light and air are adequately provided.
Will the Requested Zone Change Prevent 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 control
the intensity requirements that a property can be
_ developed with. Adequate infrastructure is in place or
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can be provided at the time of development to 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
decrease 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 thq ReaMeSted Zone Facilitate the Ade uate Provision
of Trans orta ion Waterc Sewer Schools Parks and Other
Public ReQuirements?
The additional demands for transportation, water, and
sewer will be evaluated pursuant to individual
development proposals; existing infrastructure exists in
the vicinity which should be able to serve redevelopment
of this property. Because of the size of the proposal
and existing development on the property, schools and
parks should not be significantly impacted. No
significant negative impact is expected.
Does the.Requested Zone Give Consideration to the
Uses?
The subject property is well suited for uses permitted
within the R-3 zone. The property is of adequate size
and has adequate access to facilities for the type of
uses permitted in the proposed zone. No significant
negative impact is expected.
Does the Requested Zoning Give Reasonable Consideration
to the Character of this 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 _Zoning Conserve the Value of the
Buildings?
The subject request would not significantly impact
buildings. There are no known uses that would be
affected by this zone. A change from County R-5 to the
City R-3 zone will not significantly impact, erode, or
devalue the neighborhood beyond the type of uses that are
currently allowed or that exist in the area. No
significant negative impact is expected.
Will the Requested Zone Change 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 identify this area for residential uses. The
change would encourage the most appropriate use of the
land. No significant negative impact is expected.
WHEREAS, on the 3rd day of April, 1969 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, 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 with the area of McKee Addition No. 263, 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, McKee Addition No. 263 is included within and
conforms to the Kalispell City -County Master Plan, and
WHEREAS, the City of Kalispell desires to annex said property
in accordance with Title 7, Chapter 2, Part 46, Montana Code
Annotated.
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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
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 Urban Single Family Residential, R-3.
SECTION I . 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 KALI S PELL THIS �` DAY OF (h(X !:Z4 , 1995.
J aoEhts-
Dougl& D. Rauthe, Mayor
ATTEST:
i�R`
(�4"/Vo-o 0-
Debbie Giff CRC
Clerk of Council
1037
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EXHIBIT A
Tract 1:
All that part of the Southeast Quarter of the Northwest Quarter of Section 8,
Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, particularly
described as follows:
Commencing at a point on the Easterly extension of the Northerly line of
Washington Street, which point is 289.8 feet Easterly from the Southeast corner of
Block B, Duncan's Addition to Kalispell, according to the recorded plat thereof;
thence contuining
Easterly along the Easterly extension of the Northerly line of said Washington
Street, a distance of 199.5 feet; thence
North 0047' East, a distance of 90 feet; thence
North 31051' East, a distance of 90 feet to a point 150 feet North of and at right
angles to the Easterly extension of the North line of Washington Street, and the
Point of Beginning of the property to be herein described; thence continuing
North 31051' East, a distance of 208.4 feet to an intersection with the Easterly
extension of the Southerly boundary of Oregon Street; thence
South 76018' West along the Southerly boundary of the Easterly extension of said
Oregon Steet a distance of 149.8 feet to the Northeast corner of that certain Tract
of land described In Deed to Charles E. Hafer, recorded June 5, 1968 under
Recorder's Fee No. 4082 in Book 498, Page 42, records of the County Clerk and
Recorder of Flathead County, Montana; thence
South 13042'East and along the East boundary thereof, a distance of 150 feet to the
Southeast corner thereof; thence
North 76018' East to the Point of Beginning.
Deed Exhibit Book 544, Page 429.
Tract 2:
A Tract of land in the Southeast Quarter of the Northwest Quarter of Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more
particularly described as follows:
Beginning at the point of intersection of the East boundary of 8th Avenue E.N. and
the Northerly boundary of Washington Street; thence
North 76011' East along the Northerly boundary of Washington Street a distance
of 261.5 feet; thence
North 0047' East a distance of 90 feet; thence
North 31°51' East a distance of 80 feet to the True Point of Beginning; thence
continuing
North 31051' East a distance of 210 feet, more or less, to the Southerly boundary
of Oregon Street; thence
North 76°11' East to the center line of the County Road; thence following the
center line of said County Road
South 31051' West a distance of 220 feet, more or less; thence
South 76011' West to the.Point of Beginning.
1038 ,
EXHIBIT "B"
MCKEE ADDITION NO.263 ANNEXATION
EXTENSION OF SERVICES PLAN
ADDENDUM TO CITY RESOLUTION #3838
PREPARED BY THE
FLATHEAD REGIONAL DEVELOPMENT OFFICE
APRIL 21 1995
The subject property 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, 1989t (Resolutions"mi ano comprise3838). Tis the Extension ofsion of Services Plansfora the McKee
together
with this mini p
Addition No. 263, annexation.
EXISTING SERVICES:
Water: A 6 inch municipal water line exists in Oregon Street. The City has sufficient
capacity to serve this site when the extension is made.
ewer: An 8 ierc1/1ce thi�s�rapertyline
whenexists
extieions areStreet.
made.The City has sufficient
capacity to s R
Storm Drainage: Storm drainage is proposed to remain the same.
Streets_- Oregon Street is a two lane paved street with sufficient capacity to serve
this site.
Garbage Collection: Available by contract from private companies.
Police Protection: currently the Flathead County Sheriff's Department.
Fire Protection: Evergreen Volunteer Fire Department.
ANTICIPATED SERVICE NEEDS:
Water: Water supply would be able to be extended to the property from the
water line in Oregon street. if not, a water main must be extended to connect
With a main of sufficient capacity to serve this property. Capacity and any
extensions would be evaluated at the review stage of any development permit.
Sewer : Sewer would be fed into the S inch main under Oregon Street and would
feed into the City's sewerage disposal plant. This disposal system would be
evaluated during the review phase of any development permit.
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S o Dr I a e: On -site retention and/or disposal of storm water will be evaluated
during the review phase of any proposed development.
Stre@ Oregon Street Is a two lane paved road with sufficient capacity to serve
this site.
Garbage Collection: The City has the capacity and equipment to handle the needs
of this site at the time it becomes eligible for municipal service.
o i e - re: City of Kalispell Police Department and Fire Department will be available
to serve the tract upon annexation. They will be able to provide "service" to this
property on the substantially same basis and In the same manner In which this
service is currently provided to the rest of the municipality.
EXTENSION AND FINANCE STRATEGIES:
The cost of extending such public services as police and fire protection are
expected to be negligible. The general source of money to extend these type of
services Is from the general tax revenues received from this property and other
properties inside the City limits. Individual Improvements to the property
Including the extension of the water line, sewer line, and stormwater management
improvements will be the responsibility of the developertiandowner. Any area -
wide Improvements relative to a comprehensive storm drainage system will be
financed in part by the residents of the entire municipality and In part by special
assessments for that purpose.
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