Resolution 3830 - Annexation - Airport Add 213RESOLUTTON NO. 3830
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
PARCELS OF REAL PROPERTY LOCATED IN TRACT 1G, NE-, NEI, SECTION 19,
T18N, R21W, P.M.M., TO BE KNOWN AS AIRPORT ADDITION NO. 213, TO ZONE
SAID PROPERTY RESIDENTIAL APARTMENT, RA-1, TO AMEND THE CITY ZONING
MAP ACCORDINGLY AND TO SET 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 August 2,
1988, 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 §5.01, Kalispell Zoning Ordinance on August 9,
1988 and recommended that the territory be annexed into the City of
Kalispell and be zoned Residential Apartment, RA-1, and
WHEREAS, the City Council of the City of Kalispell held a public
hearing pursuant to §6.13, Kalispell Zoning Ordinance on November 21,
1988 and considered 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 classifications for the territory
is appropriate and conforms to the Kalispell City -County Master Plan
based upon the following criterion:
1. Does the requested zone comply with the Master Plan?
The primary text of determining compliance with the Master
Plan is whether the proposed zone is consistent with the
land use designation assigned to that area by the Official
Zoning Map of the Master Plan. For the general area of the
proposed annexation, the land use designation is "High Density
Residential", which complements the proposed RA-1 zoning
classification and the existing land use pattern to the
north. Said adjoining property to the north is within the
city limits and is currently zoned RA-1.
2. Is the requested zone designed to lessen congestion in
the streets?
Airport Road has sufficient capacity to accommodate the
development potential of the property. Average annual daily
traffic is approximately 2,050 for this stretch of Airport
Road. Daily vehicle trips could increase by 6 to 414 trips
with development of this property, depending on the ultimate
density of build out. Even at the high range, congestion
is not likely with the possible exception of certain inter-
sections such as Eighteenth Street and U.S. Highway 93
South.
3. Will the requested zone secure safety from fire, panic,
and other dangers?
Annexation should help improve the provision of public
services that will benefit public safety. Fire and police
protection will be available from the City of Kalispell.
Said services are sufficient to accommodate the potential
needs of an RA-1 district.
4. Will the requested change promote the health and general
welfare?
The proposed zoning will promote the health and general
welfare of the city's residents. The zoning is consistent
with the Master Plan, which is a measure of general public
interest. The zoning will ensure orderly growth and develop-
ment and protection of individual interests. The proposed
zoning will complement the zoning of the adjoining properties
and maintain a residential character of the area. Associated
development should have a minimal economic impact to city
services.
5. Will the requested zone provide for adequate light and
air?
The bulk and dimensional standards of an RA-1 zoning classi-
fication such as height, setback, and open space requirements
will ensure adequate light and air for residential
development.
6. Will the requested zone prevent the overcrowding of
land?
Development of the property will not create problems with
overcrowding of land. The maximum lot coverage is 40% and
sufficient utilities and other services are available to
the property.
7. Will the requested zone avoid undue concentration of
Pe
Concentration of people is a function of land use density.
The zoning will ensure that all density of development does
not exceea the availability of services. Conditional review
of all multiple dwelling uses will also consider the issue
of "concentration".
S. Will the requested zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and other
public requirements?
The subject property is slightly more than two (2) acres in
size. The impact of zoning this size of tract for apartment
use should have a negligible impact on public services.
Much of the necessary infrastructure, such as roads, water,
and sewer are currently available and of sufficient capacity
to serve the anticipated demands of the zone. The existing
school and park facilities should also be adequate to serve
the residents of the property.
9. Does the requested zone give consideration to the
articular suitability of t e property for particular uses?
The property is flat, adjoins a public road, and is readily
serviceable by utilities. These characteristics combine to
create a highly desirable tract of land for high density
uses.
10. Does the _requested zone give reasonable consideration
to the character of the district?
The general character of the adjoining area to the north is
"urban residential" whereas the other adjoining properties
west of Airport Road are "rural residential". The City
Airport facilities are located on the east side of Airport
Road. The proposed RA-1 zoning classification would be
compatible with these surrounding uses.
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11. Will the proposed zone conserve the value of buildings?
The proposed zoning will help maintain the residential
character of the area by preventing the intrusion of non -
compatible uses that might adversely affect adjoining property
values.
12. Will the requested zone encourage the most appropriate
use of the land throughout the municipality?
The Kalispell City -County Master Plan indicates that this
area, when considered on a citywide basis, is best suited
to high density residential uses. The necessary public
services are available to the property to adequately accommo-
date the level of development that might be anticipated by
an RA-1 zoning classification.
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, 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 -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 terri-
tory 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 e zoned Residential Apartment, RA-1.
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 21st
DAY OF 1988.
?�P !
in Kennedy Jr., Mayor
ATTEST:
City Clerk -Treasurer
1, the undersigned, City Clerk of the City of Kalispell, certify that the
foregoing is a true copy of the Resolution passed by the City Council of the
City of Kalispell, Montana at a regular meeting held
City Clerk of the City of Kalispell
EXHIBIT "A"
A tract of land situate, lying and being in the East Half of the NE,z, of the NE.1,
Section 19, T28N, R21W, M.P.M., Flathead County, Montana, and more particularly
described as follows, to -wit:
Commencing at the NE corner of said Section 19;
Thence S 2 min. West, along the easterly boundary line of said Section
19, a distance of 441.8 feet to a point;
Thence N 39158' W, 30 feet to the Westerly boundary line of said County
road and the true point of beginning of the tract of land being described;
Thence continuing N 89058' W, a distance of 280 feet;
Thence S 2 minutes W, a distance of 205 feet;
Thence N 89058' West, a distance of 150 feet;
Thence S 2 minutes West, a distance of 145 feet;
Thence S 89058' E, a distance of 430 feet to the Westerly boundary line
of said County road;
Thence N 2 minutes E, and along the Westerly boundary of said County
Road, a distance of 350 feet; more or less, to the true point of beginning
and containing approximately 2.75 acres, more or less.
LESS
A tract of land in the East half of the NEI of the NEu of Section Nineteen (19),
T28N, R21W, P.M.M., Flathead County, Montana and described as follows:
Commencing at the NE corner of Section 19;
Thence S 0102' W., and along the easterly boundary line of said Section
19, 646.8' feet to a point; y
Thence N 89058' W., 310.0 feet' to.'the true point of beginning of the
tract of land being described;
Thence N 89058' W. , 150. 0 feet to a point;
Thence S 0002' W., mm feet to a point;
Thence S 89058' E. , 150.0 feet to a point;
Thence N .0002' E., 145.0 feet to the point of beginning and containing
0.50 acres of land, more or less.
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