Resolution 3995 - Annexation - Pack West AdditionRESOLUTION NO, 3995
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 PACK WEST ADDITION NO, 2390
TO ZONE SAID PROPERTY RESIDENTIAL APARTMENT, RA-11 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 "All 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
NApartment, RA-1, 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 com lv with the Master Plan?
The Kalispell City -County Master Plan indicates that the subject
property is in a transition area between a high density
residential land use designation and a general commercial land
use designation. The proposed RA-1 classification would be in
substantial conformance with the Master Plan,
2, Is the ro osed Zone designed, to lessen congestion in the
t rapt q ?
The proposed Zoning classification will not necessarily increase
traffic to or from the property. An RA-1 Zoning classification
allows both single family and multi --family dwellings. In all
likelihood, the property will probably retain the two residential
dwellings that currently exist. Any multi -family development
will be subject to a conditional use permit at which time the
effects of traffic will be further evaluated.
3, will the proposed zone secure safety from fire__ --panic and
other dangers?
The annexed property will be provided with City of Kalispell
police and fire protection, regardless of the zoning
classification, Site plan review of new development and
enforcement of existing Kalispell codes will ensure that the
property is adequately protected from natural and artificial
hazards.
4. will the -proposed zone promote the health and general.
wo l f arF??
The proposed zoning is compatible with the existing development
of the property. The zoning is also consistent with the Master
Plan which is a measure of general public interest. The zoning
will also ensure that any additional development is properly
reviewed to ensure the adequate provision of services and the
protection of public health and safety.
5. Will the -proposed zone provide for adequate light and air?
.The proposed zoning classification requires substantial setbacks
and limitations on lot coverage. As suggested earlier, any
additional development within this annexed territory will require
review pursuant to City of Kalispell Subdivision Regulations or
pursuant to a conditional use permit for multi ---family dwellings.
These review processes will ensure that adequate light and air is
available to the area.
6. Will the ro osed zone --_prevent the overcrowding of land?
The existing building, zoning and construction standards/codes of
the City of Kalispell will ensure that the annexed territory is
not overcrowded with development. These existing regulations
will ensure the adequate provision of water, sewer, access, and
separation from the 10 0 -year f loodplain of Spring Creek.
7, will the ro osed zone avoid undue concentration of people?.
The area proposed for annexation and zoning is currently occupied
by two single family dwellings. The remainder of the property
does not lend itself easily to additional development, especially
multi -family. It is expected that the property will remain
developed such as it currently is, regardless of the zoning.
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Again, sufficient review mechanisms are in place to ensure that
excess concentration of people in the area does not occur.
8. will the proposed zone facilitate the ade uate provision of
trans ortation water ---sewaaet schools..___arks and other public
requirements?
Any additional development of the property will require the
extension of public water and sewer. This will be accomplished
by the owners of the property in accordance to all applicable
City of Kalispell standards. Any additional development to the
property will also require improvement of the present roadway
access. This can probably be accomplished in conjunction with
the development of the properties to the north where residential
apartments are currently being anticipated. The effects of this
zoning classification on schools, parks, and other public
services will be further evaluated at the time of any development
proposal.
9. Does the proposed zone give consideration to the articular
suitabilit of the ro ert for articular uses?
The properties to the north and west are currently zoned
Residential Apartment RA--1. The properties to the east and south
are zoned Community Business B-3. Spring Creek borders the
northerly portion of the property. The proposed residential
classification is appropriate given the adjoining residential
zoning and the present occupancy of two residential dwellings. A
commercial zoning classification would not be appropriate for
reasons of access and general isolation from highway frontage.
la. Does thero osed zone ive reasonable consideration to the
character of the district?
At the present time, the primary land influence on this property
is from the residential multi ---family dwellings located to the
north. Access to the property is from Two Nile Drive, through
territory that is zoned Residential Apartment RA-1. Although the
proposed zoning classification would allow multi -family
dwellings, it also permits single family dwellings. Given the
adjoining zoning and anticipation of the Master Plan, the
proposed RA-1 zoning classification is appropriate to the
property.
11. Would the proposed zone conserve the value of buildings?
The proposed zoning classification is consistent with the present
uses of the property and with those anticipated around the
property. Therefore, the proposed zoning classification will
conserve the value of property in the area.
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12, will the -proposed zonin encoura e the mostappropriate use
of land throughout the mun.ici alit ?
The proposed zoning is compatible to the existing use of the
property and with the surrounding uses and is consistent with the
anticipation of the Master Plan. A sewer force main has been
extended to the area in anticipation of multi -family development
in the vicinity of this property. Extension of other city
services are also available to this area of the City. Therefore,
the proposed zoning classification at this location in the City -
is appropriate.
WHEREAS, on the 3rd day of April, 1989 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 I'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 'T provide for
the extension of municipal services or maintenance of existing
services within the area of Pack west, 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, Pack West 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 I I . 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
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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 Apartment, RA-1, and the
City of Kalispell zoning map shall be altered to so
provide.
SECTION Iy. 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 15th
DAY OF Jul , 19910
Douglaq-D,Rauthe, Mayor
ATTEST:
Amy Robertson
Finance Director
I, the undersigned, Finance Director 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 Jul 15 1991
t
4F'inance Director of the City of Kalispell
$. ,y
EXHIBIT A
PACK WEST ADDITION NO, 239
A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 412.4 FEET EAST OF THE WEST BOUNDARY OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER AND 208 FEET NORTH OF THE S-1/16 LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, WHICH IS THE TRUE POINT OF BEGINNING;
THENCE
164 FEET NORTH AND PARALLEL WITH THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER; THENCE
17PAST 157.95 FEET PARALLEL WITH THE SOUTH 1/16 LINE OF SAID NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER; THENCE
SOUTH 570 35' EAST 297.1. FEET TO A POINT 208 FEET NORTH OF THE SOUTH 1 /16 LINE OF
SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND 828.4 FEET EAST OF T1.1E WEST
BOUNDARY THEREOF; THENCE
WEST 416 FEET PARALLEL WITH THE SOUTH 1/16 LINE TO THE POINT OF BEGINNING,
TOGETHER WITH A TRACT OF LAND DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD COUNTY, MONTANA AND DESCRIBED
AS FOLLOWS:
COMME NCI NG AT THE SOIJTI IWT;ST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12 ; THENCE
NORTH 870
58' EAST AND ALONG THE
SOUTHERLY
BOUNDARY LINE OF SAID NORTHWEST
QUARTER OF
T -I E SOUTHEAST QUARTER
A DISTANCE
OF 412.4 FEET TO THE POINT OF
BEGINNING OF THE TRACT OF LAND BEING
DESCRIBED;
THENCE
NORTH 87°
58' EAST AND ALONG THE
SOUTHERLY
BOUNDARY LINE OF SAID NORTHWEST
QUARTER OF
THE SOUTHEAST QUARTER A DISTANCE
OF
723.0 FEET TO A POINT; THENCE
NORTH 570 55' WEST A DISTANCE OF 370.8 FEET TO A POINT 208.0 FEET NORTH OF THE
SOUTI-I1-",lZlY BOUNDARY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 12 ; THENCE
SOU'm 87 ° 58' WEST AND PARALLEL TO THE SOUTHERLY BOUNDARY LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 416.0 FEET TO A POINT; THENCE
SOUT14 00 48' NEST AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 208.0 FEET TO THE POINT OF
BEGINNING,
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K WEST ADDITION No. 239
RESIDENTIAL APARTMENT RA-1
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P�' POp•
EXHIBIT "Y7" T , R , D « ❑ , June 18, 1991
PACK WEST ADDITION NO, 239
The Pack West Addition is located on the westerly side of Kalispell between
Two Mile Drive and U. S. Highway 2. The property is wholly surrounded by the
city limits. It borders the Gateway West Addition No. 34 on the north and the
Gibson Addition No. 41 on the south. Spring Creek follows much of the
easterly boundary of the territory proposed for annexation. Two single family
residential dwellings are located on the five tracts that are subject to the
proposed annexation. A legal description of the property is set forth in
Exhibit A.
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
Pack west 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 Pack. west 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 Pack west
Addition.
EXISTING SERVICES:
Water:
Individual private wells serve the existing dwellings.
Sewer:
A sewer force main follows the westerly boundary of the property. This sewer
main and associated facilities were constructed by a private party and is
subject to a developer extension agreement with the City of Kalispell. The
property subject to annexation is not included within the design area of that
system. It is believed that the two single family dwellings in the area are
using conventional septic systems for treatment of sewage at this time.
Storm Drainage:
No developed drainage facilities are in the vicinity.
Streets:
Access to the property is currently via a private drive from Two Mile Drive.
Said drive is one -lane and paved,
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Garbage Collection:
Garbage collection is available on a contract basis to the property from
private companies.
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 extension of municipal water service to the property is not anticipated
until such time as a change in use of the property is considered. Provision
of municipal water to the property would require an extension from the 12"
main on Corporate Drive, approximately 400 feet to the southwest. Extension
of the water main to the property [in the event that new development requires
such extension] will be the responsibility of the developer and/or landowner.
Sewer:
Extension of sewer to serve the needs of this property would be subject to the
developer extension agreement between the city of Kalispell and Ronald D. Pack
and Margaret A. Pack. Since the area is outside the design area, the intended
users will need to increase the capacity of this system at their own expense.
Again, extension of municipal sewage collection to the property is not
anticipated unless a change of use is proposed.
Storm Drainage:
A comprehensive storm drainage system is not necessary at this time for the
subject property. In the event that future development occurs on the
property, such as multi --family dwellings, then a private on -site drainage
system will be required pursuant to local review authority.
Streets:
The private drive that currently serves the property is inadequate for public
dedication. Should the landowners ever desire public dedication of the
roadway, it would be necessary for the private _landowners to upgrade the road
to City standards.
Garbage Collection:
The city of Kalispell will not provide solid waste disposal service to the
annexed territory for a period of at least five years consistent with the
provision of 7-2-4736 M.C.A.
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Police Protection:
City of Kalispell police protection will be available upon annexation. Patrol
of this area of the City is an ongoing function of the police department since
the surrounding properties are inside the city limits.
Fire Protection.
City of Kalispell fire protection will be available to the property upon
annexation. The property is 2.1 miles from the fire station. Hose lines can
be extended to the area from the vicinity of the Two Mile Vista Apartments or
Corporate Drive during emergency fire situations. Response time is less than
five ( 5 ) minutes. Mutual aid is also available from the rural fire district.
City ambulance service is already available to the property.
EXTENSION AND FINANCE STRATEGIES:
The annexation of the property is not expected to create a significant burden
on the City police and fire departments. No additional personnel will be
necessary to serve the annexed territory. The general tax revenue from this
property and other properties inside the city limits will pay the costs of
extending these services to the area. The cost of extending the sewer and
water mains, in the event that it is ever necessary,Awill be borne by the
individual landowners. Any area wide improvements relative to storm drainage
and lighting will be financed, in part, by the residents of the entire
municipality or in conjunction with approvals for additional development,
STATE OF MONTANA,
ss
County of Flathead
he re
Recorded at t request of q
this -(I day of 'br1g � at � .� o'clock �` M and recorded in
�..
the records of Flathead County, State of Montana.
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Fee $ P d . ��„�•�
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Cl k a co-rder
RECEPTION NO.
9 1 e43 513 fNO% I'1dLLLecIU l,vuuy
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RETURN TO Cf,",--c�� t1� �� � Deputy
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