Resolution 5152 - Annexation - Hershberger Addition #383 - Autumn Creek SubdivisionReturn to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
2006291 1 ()py()
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RESOLUTION NO. 5152
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL
PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACTS 6AAK, 6DI
AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.,M., ,,
~~~ FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HERSHBERGER ADDITION NO.
10 383, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
60 1
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS on April 29 2005 the City of Kalispell received a petition from Lee and Linda
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Hershberger, the owners of property located north of Highway 2 West, on the east side of
Hathaway Lane, requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, on June 14, 20051 the Kalispell City Planning Board and Zoning Commission held a
public hearing on the matter, and continued the public hearing in order for the developers
to address concerns raised by the Board and the public, and
WHEREAS, the Kalispell Planning Department made a report on the Hershberger's revised
Annexation Request, #KA-05-8A (Amended), dated September 7, 2005, and
WHEREAS, on September 13, 2005, the Kalispell City Planning Board and Zoning Commission held
a public hearing and recommended that the territory be Zoned City R-2, Suburban
Residential on approximately 8.69 acres upon annexation into the City of Kalispell, and
WHEREAS, on October 3, 2005, the Kalispell City Council denied the annexation request due to
concerns including a lack of a second access out of the development, unresolved traffic
issues at the intersection of Hathaway Lane and US 2 West, a cul-de-sac which exceeded
the C ity's 600 foot maximum, and neighborhood compatibility issues, and
WHEREAS, since that time, the applicants have made revisions to the subdivision, resolved the traffic
issues to MDT's satisfaction, applied for a variance for the cul-de-sac, attempted to
resolve the neighbor's concerns, and on July 27, 2006, resubmitted the subdivision for
annexation, and
WHEREAS, the Kalispell Planning Department has made a report on the Hershberger's most recent
Annexation Request, #IAA--06-7, dated July 25, 2006, and
2006291 1()oy0
WHEREAS, on August 8, 2006, the Kalispell City Planning Board and Zoning Commission held a
public hearing and denied a recommendation that the territory be zoned City R-2,
Suburban Residential on approximately 8.69 acres upon annexation into the City of
Kalispell, due to a vote of two in favor and two opposed, and
WHEREAS, the City Council has considered all evidence provided by the proceedings of the Kalispell
City Planning Board, including all testimony and written comments of the public, and
hereby adopts the Kalispell Planning Department Report #KA-06-7 as its findings of fact
and determines that it is in the best interests of the City 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 described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and shall
be known as Hershberger Addition No. 383.
SECTION H. Upon the effective date of this Resolution, the City Clerk 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, 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 in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 2ND DAY OF OCTOBER, 2006.
ATTEST;
Theresa White
City Clerk
Pamela B. Kenned
Mayor
2006291L 10 0 q 0
EXHIBIT A
Legal Deriptons
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