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Staff Report/De-AnnexationREPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, interim City Manager SUBJECT Ike -annexation of 18.88 acres of land previously part of -the former Bay Ridge Estates development MEETING DATE: November 17, 2008 BACKGROUND: In January of 2007 the city council conditionally approved an anneati.on., initial zoning and subdivision request for the Bay Ridge Estates Subdivision. Four tracts of land where part of this 18.8 acre subdivision located at the northern end of Meadows bane. Meadows Lane is accessed off of Three Mile Drive approximately one-fourth mile west of Stillwater load. The property addresses include 537, 5417 543 and 545 Three Mile Drive and can legally be described as assessor's tracts 1 B, l BF, 1 D, and. I BDA located within S1/2 of Section 2, Township 8 North, Range 22 west, P.l .M., Flathead county, Montana. Unfortunately, the consortium of property owner's part of Bay Ridge Estates dissolved along with the plans to develop the property as proposed.. Some of the properties have since been sold and the owners no longer wish to be annexed into the city. At this time, the subdivision is defunct, but the pending annexation needs to be closed. Typically annexations are effective immediately. However, the city had concerns about annexing these properties due to a lack of fire suppression infrastructure on site. To address the issue, a condition of approval was added that required the group to provide water in the forin of a temporary storage tank by the time of annexation.. This would allow the fire department to provide interim services while the necessary infrastructure was constructed, i.e. water mains and hydrants. At this time, there is no storage tank and the city has no way of providing services should a fire occur on the property, Staff recommends that the council rescind the annexation of tracts 1 B, 1 BF} I BIB, and 1 BDA per the agreement based on the lack of adequate fire suppression infrastructure a condition of annexation) and at the request of the property owners. The council also needs to amend the zoning ordnance to remove the property from the City of alispell's zoning map. The properties will revert back to the previous county zoning designation of A --80 and A - . RECO DA ION: A motion to rescind the annexation per the agreement and amend the zoning ordinance to remove the property from the city of alispell's zoning }nap would be in order. FISCAL EFFECTS.* Minor_ ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Senior Planner Report compiled-. September 17, 2008 c; Theresa White, Kalispell city Clerk e M ebb Interim City Manager Return to. Theresa Whit City Clerk O Box 1997 Kalispell, MT 59903 RESOLUTION O* 5327 A RESOLUTION RESCINDING RESOLUTION 54 PASSED BY CITY COUNCIL ON JANUARY 7,2008 THAT PROVIDED FOR THE ALTERATION OF THE BOUNDARIES F THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBL OIL : TXHIBIT A", LOCATED ATIEI IN SECTION 2, TOWNSHIP 8 NORTH,, RANGE 22 WEST, F. I. .-, FLATHEAD COUNTY, MONTANA, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell received a petition from Bay Ridge Development, LL , the owners of property located at the northern end of Meadows Dane, which connects to Three Mile Drive approximately one-fourth mile west of the intersection of Three Mile Drive and Stillwater Road, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, following review and recommendations by the Kalispell Planning Board and a report thereby issued, the Kalispell City Council passed resolution No. 5254 on January 7, 2008 approving said petition and annexed the property more fully described on Exhibit "A' } attached hereto, and. WHEREAS, , the property was zoned City 1 --3, Urban Single Family residential, upon annexation, and WHEREAS, the City Council passed Resolution 5255, approving of the preliminary plat of Bay Ridge Estates which included Condition No. 22 stating that "An all-weather water storage tank shall be provided in a central location on the property (vicinity of Lot 36) holding a nunimurn of 5,000 gallons of water prior to annexation of the property being recorded"'; and. WHEREAS, Bay ridge Development, LLC has not been able to comply with Condition No. 22 of the Preliminary flat and the resolution of annexation has therefore not been recorded; and WHEREAS, Bay Ridge Development, LL , has now dissolved and the owners of property have determined that they are not able to develop the property as they intended and have made a formal request to the City of Kalispell to rescind the annexation; and HERE ► S, as city taxes have not been collected from the property owner and no city services have yet been provided, the City of Kalispell has the statutory authority within Title 7, Chapter 2, Dart 4 ,Montana Code Annotated to rescind the annexation of this property, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF K.ALI FELL AS FOLLOWS SECTION L That Resolution No. 5254 annexing all the real property as described on Exhibit '(.A"' to the City of Kalispell is hereby rescinded. SECTION 11. 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 KA.LI FELL, THIS 17TH DAY OF NOVEMBER, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Tract 1 A Tract of land situated, lying and being in the Southwest 1/4 of the Southeast 114 and the Southeast 1/4 of the Southwest 1/4 of Section 2, Township 28 North, Range 22 Nest, Principal Meridian, flathead County, Montana, more particularly descnhed as follows: Beginning at the Center -south 111 6 Corner of Section ; thence South 89°46' " West a distance of 323.94 feet to the thread of Spring Creek; thence along said creep the following courses: South 14' 3'0 " East a distance of 32.68 feet to a point; South 40'43' 6" East a distance of 29.29 feet to a point; South 87'3 '38" East a distance of 37.06 feet to a point} South 1 8'02'43" East a distance of 44.18 feet to a point; South '4 ' 1 " East a distance of 10.68 feet to a point} North 6 ' 7'09" East a distance of 11.25 feet to a point; North ' of t East a distance of 29.73 feet to a point; North 75 ' 1'04" East a distance of 10.51 feet to a point, South 3' '07" East a distance of 19.24 feet to a point, South fl' 1.'46" East a. distance of 13.66 feet to a point; South 5 '5'7"' East a distance of 23,63 feet to a point; North 5'3 "45" East a distance of 34,32 feet, to a, point} South 50'40' 1 " Bast a distance of 1 7 , 5 feet to a point} South 00' 3 3' 8" West a distance of 61.69 feet to a point; South 34' 6' 35 " East a distance of 40.50 feet to a point; South 30°41'28" East a distance of 34.79 feet to a point; North 8 40 '34" East a distance of 28.46 feet to a point; South 5°3'3" East a distance of 25.52 feet to a point; South 15' 1'54" East a distance of 62.04 feet to a point; South 8 ' 1' 1 6" West a distance of 25.85 feet to a point; North 8 ' 11'59" vest a distance of 24,67 feet to a point; South '40'06" West a distance of 28.57 feet to a point; South 14'0 '08" West a distance of 23,33 feet to a point; South 16' 19"3 " West a distance of 43.24 feet to a point; South '4 '00" west a distance of 17.65 feet to a pointy South 1 9'47'0" West a distance of 19.43 feet to a point, South 44°44'49" East a distance of 14.37 feet to a point} South o ' 8'35" West a distance of 34.86 feet to a point; South 54'30' 1 " East a distance of 27.35 feet to a pointy South 8 '00'41 " west a distance of 20.14 feet to a point; South 86'49'50" west a distance of 48.38 feet to a point, South 4 '00'08" West a distance of 80.71 feet to a point, - South 16°4'55" West a distance of 44.68 feet to a. point} South o °03'53" East a distance of 39.87 feet to a point-, South 7 ° 7' 10" East a distance of 50.88 feet to a point; South o 1 '3'3" last a distance of 14.18 feet to a point, - thence leaving said thread North "4'0" bast a distance of 575.15 feet to a /8 " rehar; thence North o 1'02' 3 " Fast a distance of 661.27 feet to a 18 " rebaar; thence South 8 '46'55" west a distance of 414.05 feet to the Point of Beginning. Shown as Parcel A of Certificate of Survey No. 17120. Tract That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28 North, Range 22 west, F,M.M., Flathead County, Montana, described as follows. Commencing at the Northwest corner of the North 1/2 of the Southwest 1/4 of the Southeast 1/4; thence along the Forth line of the North 1/2 of the Southwest 1/4 of the Southeast 114 North 0 8-"1." East 414.02 feet to the Point of Beginning; thence continuing along the North line of the North 1/2 of the Southwest 114 of the Southeast 1/4 North 04` 1 " East 732.27 feet; thence South 34'0 '48" west 370.78 feet to a point on a 100.00 foot radius curare concave Southwesterly having a radial bearing of North '55'04" East; thence Northwesterly along the curve thru a central angle of '51' " 57-35 feet; thence North 8 8 ° ' 6" west 475.33 feet} thence North o f 'o " t" East 278.57 feet to the Point of Beginning. Shown as .parcel B of Certificate of Survey No. 14672. Tract 3 That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana, described as follows: Commencing at the Southwest corner of the Forth 1/2 of the Southwest 1/4 of the Southeast 114; thence along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/ North 89° 1' 8" East 406.74 feet to the Point of Beginning; thence continuing along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 89'51} 8" Fast 575.59 feet; thence North o 1 '0 1 "5 o" East 269.65 feet to a point on a 100.00 foot radius curve concave Southwesterly having a radial bearing of Noah 8' r4 " West; thence Northwesterly & westerly along the curve thru a central angle of 90°30'40" 157.97 feet; thence North 8 8' 6" 6 " West 475.33 feet; thence South o 10o '34" west 382.62 feet to the Point of Beginning. Shown as Parcel C of Certificate of Survey No. 14672. Tract 4 That portion of the Southwest Quarter of Section 2, Township 28, Range 22 West, P.M.M.# Flathead County, Montana, described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Southwest (quarter of the Southeast Quarter of said Section 2, which point is also the Northeast corner of that parcel described in instrument recorded in Book 515, page Boo, records of Flathead County, Montana; thence along the east Line of the Northeast. Quarter of the Southwest Quarter of the Southeast Quarter North 00'43'00a} Fast, a distance of 179.00 feet; to a point; thence West, a distance of 326.13 feet to a point; thence South o 1' 10' 0" west, a distance of 179.02 feet to the South line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter; thence along; the South line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter, also being the North line and its Westerly projection of the aforesaid parcel, East, a distance of 327.57 feet to the Point of Beginning, Shown as Parcel A of Certificate of Survey No. 6127. PLANNING FOR- THE FUTURE MODEff"A.L.I City of Kalispell .spell Planning Department .Attu: Nicole Johnson 201 1st Avenue East Kalispell, NTT 59901 TEE; Ike -annexation request for Bay Ridge Estates To when It May Concern: Planning Da rtme n 201 1 S# Avenue East Kalispel4 MT 59901 Phone: 0 758-7940 Fax: 40 758-7739 -*v .k.1is 11.cor plan 1n2 Please de -annex the properly listed below (check one bow) associated with the Bay Ridge Estates development_ V537 Three Mile Drive, Kalispell, MT 59901 (Tract 1BDA located in Section 2, Township 28, North, Range 22 '"west, P. M. Mt , Flathead County, Montana) ❑ 541 Three Mile Dn've, Kalispell, NTT 59901 (Tract 1 D located in section 2, Township 28, North., Range 22 Vest, P.M.M. , Flathead County, Montana) ❑ 543 Three Mile Drive, Kalispell., MT 519901 (Tract 1 B located in Section 2, Township 28, North, Range 22 west, P.M.M. , Flathead Counter, Montana) ❑ 545 Three Mile Drive, Kalispell, NTT 59901 (Tract 1 BF located in Section 2, Township 2 8, North, Range 2 2 `Vest, P.M. M. , Flathead County, Montana) Legai property owner signature Date Date PLANNING Ft?R THE FUTURE MONT"A.L� City of Kahspell Planning Department Attn: Nicole Johnsen 0 1 1 st Avenue Bast Kalispell, MT 5 901 B: De -annexation request for Bay Ridge Estates To Whom It May Concern: Planning Department 201 1" Avenue East Kalispelt MT 59901 Phone (406) 75 -7 40 Fax: (40 758-7739 www.kal'isppll.com/planIncr n' MWSPEL' PLANNING DEPARTMENT Please de -annex the property listed below (check one box) associated with the Bay Midge Estates development. ❑ 537 Three Mile Drive, Kalispell, MT 5 901 (Tract I.BDA located in Section 2, Township 28, North, Mange 22 West, P.M.M. , Flathead County, Montana) ❑ 541 Three Mile Drive, Kalispell, MT 5 901 (Tract 1 BIB located in section 2, Township 28, North, Range 22 west, P.M+M., Flathead County, Montana) 543 Three Mile Drive, Kalispell, MT 59901 (Tract 1B located in Section 2, Township 8, New, Range 22 Vest, P. . M. Flathead County,Montana ❑ 545 Thee Mile Drive, Kalispell, MT 59901 (Tract 1 B F located in Section 2, Township 28, North, Range 22 West, P. M. M+, Flathead County, Montana) Legal property owner signaqxe Date/ v ZIZ3 161 Legal property owner s' gnature D ate PLANNING FOR THE FU€'tlltE- MOPffANA AJ City of Kalispell Planning Department Attu; Nicole Johnson 01 1 st Avenue East Kalispell, ell, T 59901 RE: De -annexation request for Bay Ridge Estates To Whom It May Concern: Planning Department 201 1't Avenue East Kalispell, MT 59901 Phone: (40 758-7940 Tax: (40 758-7739 www.kall*spell.com/planning D IE U V L4 S�P 15 zoos KALISPELL PLANNING DEPARTMENT Please de -annex the property listed below (check one box) associated with the Bay Ridge Estates development. ❑ 537 Three Mile Drive, Kalispell, MT 59901 (Tract 1 BDA located in Section 2, Township 28, North., Page 22 West, P. III. !. , Flathead County, Montana) A100"', 541 Tree Mile Drive, Kalispell, MT 59901 (Tract 1 BD located M Section 2, Township 28, North, Range 22 West, P.M. ., Flathead County, Montana) ❑ 543 Three Mile Drive, Kalispell, MT 59901 (Tract 1B located in section 2, Township , North., Range 22 West, P. M . M. , Flathead County, Montana) ❑ 545 Terse Mile Drive, Kalispell, MT 59901 (Tract 1 BF located in Section 2, Township 28, North, Range 22 west, P.M.M. , Flathead County, Montana) .. Lu C unty Coun G.,.5 AG-2 h J ' f j ru its ' � FF x: } PkPf JIM Pi iL 40 law 1 lop Wk 040 ra VICINITY MAP SCA 1 800 SHARPE/VAN ALLEN/EGAN A REQUEST FOR DE -ANNEXATION OF APPROXIMATELY 18.8 ACRES OF LAND PREVIOUSLY PART OF THE FORMER BAY RIDGE ESTATES. THE PROPERTY WILL REVERT BACK TO THE COUNTY S -5 & AG-80 ZONING. AG f" F� F i { FIAT DATE 9/17/08 ORDINANCE NO. 1652 AN ORDINANCE To AMEND ORDINANCE 1627, WHICH AMENDED SECTION 7.02.010� oIAL ZONING MAP, CITY of KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1. 0)� BY REMOVING THE ZONING FOR CERTAIN REAL PROPERTY AS DESCRIBED ON EXHIBIT "A" LOCATED TED IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, E.l f,M,, FLATHEAD COUNTY, MONTANA FROM CITY 1 -3 (SINGLE FAMILY RESIDENTIAL) AND To PROVIDE AN EFFECTIVE DATE. WHEREAS, on January 22, 2008, the City Council of the City of Kalispell.. Montana, approved Ordinance 1627, which changed the zoning on certain real property located at the northern end of Meadows Lane, which connects to Three Mile Drive approximately one-fourth mile west of the intersection of Three Mile Drive and Stillwater Road, from County Ao-80, Agricultural, and SAG-, Suburban Agricultural, to City R-, Single Family Residential, and WHEREAS, Bay Ridge Development, LL , the owner of the real property zoned, is now defunct and the owners of the individual properties have petitioned the City of Kalispell to exclude that property which was zoned in ordinance 1627 and is more particularly described on Exhibit "A". NOW THEREFORE, BE IT oRDAI ED BY THE CITY COUNCIL of THE CITY of RALI PELL, AS FOLLOWS: SECTION I. Section 7.0 .010, of the official Zoning Map of the Kalispell Zoning Ordinance, (ordinance No. 1460) is hereby amended by removing the property described on Exhibit "A}i from the official Zoning Map upon exclusion from the City of Kalispell. SECTION II. The balance of Section 7.0 .010, official Zoning Map, City of Kalispell Zoning ordinance not amended hereby shall remain in full force and effect. SECTION III. This ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY" COUNCIL AND SIGNED BY THE MAYOR of THE CITY of KALISPELL, MONTA A, THIS 1 ST DAY of DE EI BER, 2008. Pamela B. Kennedy Mayor ATTEST. - Theresa White City Clerk EXHIBIT 4499 Tract 1 A Tract of land situated, lying; and being in the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southwest 1/4 of Section 2, Township 28 North, Range 22 Vest} Principal Meridian, Flathead County., Montana, more particularly described as follows: Beginning at the Center --south 1 / 16 Corner of Section 2 } thence South 89 °4 '5 5" West a. distance of 33.4 feet to the thread of Spring Creel; thence along said creep the following courses; South 14"3 3'02" East a distance of 32.68 feet to a point; South 40043'56" East a distance of 29.29 feet to a point; South 87039'3 " East a distance of 37.06 feet to a point; South 1'0'43" East a distance of 44.18 feet to a point; South 6'46' 1 6" East a distance of 10.68 feet to a point; North 6' 7'09" East a distance of 11. 25 feet to a point; North 3 ' 0'44" East a distance of 29.73 feet to a point; Forth 75'21'04" East a distance of 10.51 feet to a point} South 53'5 8'07" East a distance of 19.24 feet to a point; South 00' 1'46" East a distance of 13.66 feet to a point} South 5 '5'" East a distance of 23.63 feet to a. point; North 35'3 '45" East a distance of 34.32 feet to a point; South 50'4015" East a distance of 17.55 feet to a point; South 0'33'58" West a distance of 61.69 feet to a point; South 34' '35" East a distance of 40.50 feet to a point; South 30041' "' East a distance of 34.79 feet to a point* North 86'06'34" East a, distance of 28.46 feet to a point; South 5 ' 3 '36" East a distance of 25.52 feet to a point', South 15 ' 1'54" East a distance of 62.04 feet to a point-, South '51'1 6 " West a distance of 25.85 feet to a point; North 82' 11 #59" West a distance of 24.67 feet to a point; South 5 '40'0 " West a distance of 28.57 feet to a paint; South 14'0'08" Vest a distance of 23.33 feet to a point; South 16,119'38" West a distance of 43.24 feet to a point; South 6 '49'00" 'west a distance of 17.65 feet to a point; South 1 '47' 0" West a distance of 19.43 feet to a point; South 44'444" East a distance of 14.37 feet to a. point; South 0 $' 3 8' 35" West a distance of 34.86 feet to a point; South 54'30' 15" East a distance of 27.35 feet to a point; South 2 ' 0'41" West a distance of 20.14 feet to a. point; South 86'49'50" West a distance of 48.38 feet to a point; South 46400'0 " West a distance of 80.71 feet to a point; South 1 '42'55" West a distance of 44.68 feet to a point; South 0 '03'53" East a distance of 39.87 feet to a point; South 78° 7f1o" East a distance of 50.88 feet to a point; South o 1 ' 2'9" East a distance of 14.18 feet to a point; thence leaving said thread North 9' 4'09" East a distance of 575.15 feet to a 5/8" rebar; thence North o 1'o '3 " East a distance of 661.27 feet to a /8" rebar; thence South '46'55" west a distance of 414.05 feet to the Point of Beginning. Shown as Parcel A of Certificate of Survey No. 17120. Tract That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28 North, Range 22 west, P,M.M., Flathead County, Montana, described as follows: Commencing at the Northwest corner of the North 1/2 of the Southwest 1/4 of the Southeast 114; thence along the North line of the North 112 of the Southwest 1/4 of the Southeast 1/4 North 89'48* 1 " East 414.02 feet to the Point of Beginning; thence continuing along the North line of the North 1/2 of the S outhwest 1J4 of the Southeast 1/4 North 8 '48' 1" East 732.27 feet; thence South 34009'48" Nest 370.78 feet to a point on a 100.00 foot radius curve concave Southwesterly having a radial bearing of North 3' '04" East; thence Northwesterly along the curve thru a central angle of 3 ' 1' 9" 57.35 feet; thence North 88' 6' 6" west 475.33 feet; thence North 01'0r34" East 278.57 feet to the Point of Beginning. Shown as Parcel B of Certificate of Survey No. 14672. Tract That portion of the North 1/2 of the Southwest 114 of the Southeast 1/4, Section 2, Township 28 North, Range 22 west, P. i.M., Flathead County, Montana, described as follows: Commencing at the Southwest corner of the North 1/2 of the Southwest 114 of the Southeast 1/4; thence along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North '51' 'F East 406.74 feet to the Point of Beginning; thence continuing along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 8 '5 128" East 575.59 feet; thence North o 1'01'50" East 269.65 feet to a point on a 100.00 foot radius curve concave Southwesterly having a radial bearing of North 88" 5t46" West; thence Northwesterly & westerly along the curve thru a central angle of 0' 0'40" 1 7-97 feet; thence North 8'56' " west 475.3 feet; thence South o 1'03'34" Nest 382.62 feet to the Point of Beginning. Shown as Parcel C of Certificate of Survey No. 14672. Tract 4 Tfiat portion of the Southwest Quarter of Section 2, Township 28, Range 22 west, P.M,M., Flathead County, Montana, described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section 2, which point is also the Northeast corner of that parcel described in instrument recorded in Boob 515, page Boo, records of Flathead County, Montana; thence along the east Line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter Forth oo° 'o0'' East, a distance of 179.00 feet to a point; thence West, a distance of 326.13 feet to a point; thence South 01 ° 10'40" West, a distance of 179.0 feet to the South line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter; thence along the South line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter} also being the North line and its Westerly projection of the aforesaid parcel, East, a. distance of 327.57 feet to the Point of Beginning. Shown as Parcel A of Certificate of Survey No. 6127.