Resolution 4261 - Annexation and Zoning - Spring Creek1282,
RESOLUTION NO. 4261
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 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS SPRING CREEK DEVELOPMENT L.L.C.
ADDITION NO. 272; TO ZONE SAID PROPERTY GENERAL BUSINESS, B-2, TO
AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from
Spring Creek Development L.L.C., the owners of the property
described as a portion of Tract 1 of Certificate of Survey No.
122536 located in the southeast quarter of the southeast quarter of
Section 12, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, requesting that the City of Kalispell annex the
territory into the City with a General Business, B-2 zoning
classification, and
WHEREAS, the Flathead Regional Development Office has made a
report on Spring Creek Development L.L.C. Addition No. 272,
Annexation and Zoning Request, #KA-96-2, dated April 1, 1996, 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 General Business, B-2, 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 property is designated by the Kalispell City -County
Master Plan as "Commercial". The requested B-2 zoning
classification is in conformance with that designation.
Is the
the st
nested zone desil
s?
to lessen congestion in
Some increases in traffic impacts will result from the
change in zone from residential to commercial. U.S.
Highway 2 West will provide primary access to the
property which is adequate to accommodate the additional
traffic generated from this site.
1
1
1
1
.tea.
12• 8 3
s
Will the requested zone secure safety from fire, panic,_
and other dangers?
No apparent significant or unusual conditions exist which
would result in a compromise of the ability to provide
adequate security from fire or other emergency
situations. Development of this property requires
compliance with all city safety codes including uniform
codes relating to fire and building safety. All
municipal services including police and fire protection,
water and sewer service is available to the area.
Will the requested zone promote the health and general
welfare?
The requested zoning classification will promote the
health and general welfare by restricting land uses to
those that would be compatible with the adjoining
properties.
Will the requested_ zone provide for adequate light and
air?
Development standards for the B-2 zoning classification
establish setback, height, and coverage standards for
development occurring on this site. These standards are
sufficient to ensure adequate light and air consistent
with the character of the surrounding area.
Will the requested zone prevent the overcrowding of land?
Development standards will ensure that new development is
appropriately sited and served with public utilities and
services, and that overcrowding of the land does not
occur.
Will the requested zone avoid undue concentration of
people?
The B-2 zone which is being proposed contains
property
development standards which dictate such
things as
minimum lot size, permitted lot coverage,
and yard
setbacks. Such standards ensure proper
density of
development.
Will the requested zone facilitate the adequate provision
of transportation, water, sewerage, schools,
parks and
other public re uirements?
The zone change is not likely to increase
demands for
these services. Most of this parcel has already been
2
,h a
4*.
1284
annexed with the appropriate extension of municipal
services to the property.
Does the requested zone -give consideration to the
particular suitability of the property for particular
uses?
The requested zone permits a broad range of commercial
uses, all of which are suitable for the subject property
and compatible with surrounding uses.
he
the rogues
,haracter o
zone
,e reasonable consideration to
the district
The proposed zoning is a "general" commercial
classification that anticipates commercial development of
the property in a manner similar to that which
characterizes the district. The character of the
district would not be affected by the zone change.
Will the proposed zone conserve the value of buildings
The site is currently being developed with the Hampton
Inn. Annexing this property and including it in the same
zoning classification as the parent tract will facilitate
the completion of the construction now taking place and
make it a more viable piece of property.
Will the requested zone encourage the most appropriate
use of the land throughout the municipality?
The requested S-2 zoning classification will promote land
uses consistent with the anticipation of the Master Plan
and with the surrounding uses.
WHEREAS, on the 6th day of November, 1995 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 "A" 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 Spring Creek Development L.L.C.
Addition No. 272, subject to annexation, including water, sewer,
storm drainage, streets, garbage collection, police protection and
fire protection, and
3
1
1
yt�'�7
i
.
x
I
1285
1
s
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, Spring Creek Development L.L.C. Addition No. 272 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.
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 as a portion of Tract 1 of
Certificate of Survey No. 12536, located in the southeast
quarter of the southeast quarter of Section 12, T28N,
R22W, F.M.M., Flathead County, Montana, shall be annexed
to the City of Kalispell and the boundary of the City is
altered to so provide, and shall be known as Spring Creek
Development L.L.C. Addition No. 272.
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 General Business, B-2.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
4
1286
PASSED AND APP O ED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS DAY OF , 1996.
U6uglaij D. Rauthe, Mayor
ATTEST:
Ltt�,OmO--
Debbie G , CMC
Clerk of ouncil
5
1
1
119 7
EXHIBIT A
EXTENSION OF SERVICES PLAN FOR
SPRING CREEK DEVELOPMENT L.L.C.
The subject property is within the Service Area Boundary of the City of Kalispell as deem -bed
by the Extension of Services Plan adopted by the City of Kalispell on November S. 1995
(Resolution #4241). This broa&based cuenssion of a s ices plan, together with this -miffi plan"
cerise the Extension of Services Plan for Sprig Creek Dever L.L.C. ate.
I
Water: A 6" water line has been extended from the right-of-way of US Highway 2 to serve the
subject property. It will be the responsibility of the developer to bear all costs associated with
connection to the utility.
wer: There is also a private 8" sanitary sewer line extension from the main located to the
north in the US Highway 2 right-of-way. The developer will likewise be responsible for
connection charges to the sewer system.
Roads: The subject property is currently accessible from US Highway 2 West via an easement
on an adjacent parcel of property.
Storm D* k=: The nearest public storm drainage improvement in the vicinity is located
approximately 450 feet to the east in the right-of-way of Meridian Road. Storm run-off will be
required to be handled on -site.
Other City Services: Police and fire protection, as well as refuse collection services, will be
available to the area upon annexation to the city.
Qqg_xqptLoA• The extension of public infrastructure such as water and sewer has been
designed and constructed by the property owner. Access improvements are also the responsibility
of the owner. Construction shall be in accord with all City of Kalispell standards, specifications,
and requirements.
ENUMM AM FIN WE STRATEGIES
Extension of services to this property are minimal because most of the necessary infrastructure
is in place. Most of the improvements to the property have been done in association with the
current development of the site. This has included the extension of service lines from existing
water and sewer mains which run along the right-of-way in front of this property. No special
assessments or financing appear to be required and any financing of these improvements would
be borne by the developer.
F:1...WA96-02.RPT
7
:�'�'• •�"� ?:ism,
�288
KA 96-2 1
KAUSPELL ANNEXATION #273
SECTION 12, 728N9 R22W
1- - - HUSKY,s
S
Dc
N
T-A �
T_AA
�rO
3
0 f)
P
L1 B
2 ;
t 1 FA•
E AMD PLAT
-OF--L-. 2- � � .
CDO*jDS
6 GIBSON °' DD. J52 STAN LEY
ADD #4lLL-
5
ADD. #42
4mrrs
}Q�
QP
OF
' _ .�;: `-Yi�i•�....y: S ; 1,
4 iC 1A
5 SUBJECT PROPERTY 1 B
A D. 4
7 A
1 AA
1 c
I
R-1 CIRCLE K