Resolution 4454 - NOT ACTED ON - Reject Chokecherry Annexation1894
RESOLUTION NO. 4454
A RESOLUTION DETERMINING THAT ANNEXING CERTAIN REAL PROPERTY TO THE
CITY OF KALISPELL IS NOT IN THE BEST INTEREST OF THE CITY OF
KALISPELL.
WHEREAS, the City of Kalispell has received a request from Unicore
Development, Inc. and John J. and Brenda Lee Vincent, the
owners of the property, which is described in "Exhibit
A", requesting annexation into said territory and zoning
by the City, and
WHEREAS, for the reasons following, in the judgment of the City
Council of the City of Kalispell, Montana, it is in the
best interest of the City and the inhabitants thereof
that said property be not annexed to the City, and
WHEREAS, on November 6, 1995, the City Council adopted pursuant to
Section 7-2-4732, MCA, an Extension of Services Plan
which anticipated the development of City services for
approximately five years in the future, and
WHEREAS, the Flathead Regional Development Office in Staff Report
#KA-99-2 indicated that sewer, roads, police, and fire
services are either available or already in service to
said property and recommended said property be zoned
Public, P-1, in part and Residential, R-3, in part, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a hearing on February 9, 1999, pursuant
to Chapter 27.30, Kalispell zoning Ordinance, to recom-
mend zoning for the property in accordance with the
Kalispell Zoning Ordinance, in the event the property is
annexed to the City, and
WHEREAS, the City Council intends that said territory, if annexed,
shall be zoned in accordance with the recommendations of
the Kalispell City -County Planning Board and Zoning
Commission and the Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City -County Planning Board and. Zoning
Commission determined, based upon the facts elicited at
the public hearing, that the proposed annexation, zoning,
subdivision and conditional use permit, if allowed, would
have an adverse impact on the single family neighborhood,
and that the design of the subdivision was insufficient
to meet preliminary plat criteria.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That based upon the Minutes of the Kalispell
City -County Planning Board and Zoning
Commission, the Kalispell City Council adopts
the findings of the Kalispell City -County
Planning Board and Zoning Commission as set
forth in the said Minutes and determines that
annexation of said property is not in the best
interest of the City of Kalispell.
SECTION II. This Resolution shall be effective immediately
upon its passage and approval by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF MARCH, 1999.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
Clerk of Council
189"
EXHIBIT A
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21
WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF TRACT I OF CERTIFICATE OF
SURVEY NUMBER 10223, RECORDS OF FLATHEAD COUNTY AND WHICH POINT
IS THE TRUE POINT OF BEGINNING;
THENCE N00009'57"E, ON AND ALONG THE EAST BOUNDARY OF SAID TRACT 1,
A DISTANCE OF 571.93 FEET TO A POINT WHICH POINT IS THE NORTHEAST
CORNER OF SAID TRACT 1 AND WHICH POINT LIES ON THE NORTH BOUNDARY
OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE S890,45'42°E, ON AND ALONG SAID NORTH BOUNDARY, A DISTANCE
OF 90.88 FEET TO A POINT;
THENCE S00009'57"W, AND LEAVING SAID NORTH BOUNDARY, A DISTANCE OF
281.48 FEET TO A POINT;
THENCE S80036'21 "E, A DISTANCE OF 38.02 FEET TO A POINT;
THENCE N82049'21 "E, A DISTANCE OF 116.94 FEET TO A POINT;
THENCE S54055'22"E, A DISTANCE OF 90.71 FEET TO A POINT;
THENCE S42°39'54"E, A DISTANCE OF 121.06 FEET TO A POINT;
THENCE S31 °15'22"E, A DISTANCE OF 59.62 FEET TO A POINT WHICH POINT
LIES AT THE INTERSECTION OF THE NORTH RIGHT -OF- WAY BOUNDARY OF
EAST CALIFORNIA STREET AND THE EAST RIGHT-OF-WAY BOUNDARY OF
SIXTH AVENUE EAST NORTH;
THENCE S76°11'000W, ON AND ALONG SAID NORTH RIGHT-OF-WAY
BOUNDARY, A DISTANCE OF 445.36 FEET TO THE TRUE POINT OF BEGINNING.
THIS TRACT CONTAINS 2.628 ACRES AND SUBJECT TO AND TOGETHER WITH
ALL APPURTENANT EASEMENTS OF RECORD.
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