Loading...
2. Ordinance 1351 - Zoning Request - Delores Partnership GroupFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: FROM: SUBJECT MEETING DATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Initial Zoning Upon Annexation of B-2 - Appleway Office Complex April 17, 2000 BACKGROUND: At the last regular meeting of April 3, 2000, the city council approved an ordinance on first reading for the initial zoning of B-2, General Business upon the annexation of approximately 8.16 acres. This property is being annexed concurrently with a preliminary plat for an eight lot commercial subdivision, Appleway Office Complex. The property proposed for annexation lies on the north side of Appleway Drive and west of Meridian Road. The annexation request and assignment of the appropriate zoning classification went before the Kalispell City -County Planning Board for public hearing at their March 14, 2000 regular meeting. The board has unanimously recommended the B-2 zoning designation upon annexation. RECOMMENDATION: A motion to adopt the second reading of the ordinance assigning a B-2, General Business, zoning designation upon annexation of this property would be appropriate. FISCAL EFFECTS: ALTERNATIVES: Narda A. Wilson Senior Planner Minor positive effects once fully developed. As suggested by the city council. Report compiled: April 11, 2000 Chris A. Kukulski City Manager Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • ORDINANCE NO. 1351 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A" (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Deloris Partnership Group (Appleway Development Co.), Stanley W. Pine, and Marie M. Sterner, the owners of property described in Exhibit "A", petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to B-2, General Business, and WHEREAS, the property as described exists as property surrounded to the North by a motel and restaurants, City B-2 classification, to the East by a convenience store and strip mall, City 13-2 classification, to the South by Residential and a junkyard, County R-1 classification, and to the West by a hotel and restaurant, City B-2 classification, and WHEREAS, the petition of Deloris Partnership Group, et. al, was the subject of a report compiled by the Flathead Regional Development Office, #KA-00-1, dated March 6, 2000, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described 3-2, General Business, the City Council adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KA-00-1. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1175) is hereby amended by designating the property described in Exhibit "A" as B-2, General Business. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF APRIL, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk EXHIBIT A LEGAL DESCRIPTION Deloris/Pine/Sterner - Annexation and Initial Zoning Deloris Group (Tract 1BA) Commencing at the Southeast Section corner of said Section 12; thence South 89' 16'09" West, on and along the South boundary of said Southeast Quarter of Section 12, a distance of 902.52 feet to a point; thence North 00°37'03" East, a distance of 30.00 feet to a point which lies on the North boundary of a 60 foot road known as Appleway Drive, and which point is the True Point of Beginning; thence continuing North 00°3703" East, on and along the West boundary of a tract of land described in Book 638, Page 476, records of Flathead County, a distance of 630.00 feet to a point which lies on the South boundary of a tract of land described in Book 730, Page 457, records of Flathead County; thence South 89' 16'09" West, on and along said South boundary of a tract of land described in Book 730, Page 457, a distance of 66.00 feet to a point which point is the Northeast corner of a tract of land described in Book 679, Page 767, records of Flathead County; thence South 00°3703" West, on and along the East boundary of said tract of land described in Book 679, Page 767, a distance of 630.00 feet to a point which lies on said North boundary of a 60 foot road known as Appleway Drive; thence North 89' 16'09" East, on and along said North boundary of Appleway Drive, a distance of 66.00 feet to the True Point of Beginning. Pine (Tract 113) Commencing at the southeast corner of the southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana, which is a found brass cap on the centerline of a 60 foot county road known as Appleway Drive; Thence along the south boundary of said Southeast 1/4 and along said centerline South 89° 16'29" West 902.53 feet; Thence leaving said centerline North 00°37'03" East 30.01 feet to a found iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing North 00"3703" East 526.98 feet to the approximate thread of Spring Creek; Thence along said thread the following courses: South 36°06'53" East 15.43 feet; South 34°29'55" East 18.83 feet; South 71 °36'41" East 130.46 feet; South 75°02'04" West 22.38 feet; South 80°49'07" East 14.76 feet; North 73 °41'43" East 20.13 feet; North 85 °58'01" East 49.11 feet; South 80° 18'30" East 76.32 feet; South 00° 19'32" West 9.77 feet; South 41 °02'24" East 8.60 feet; Thence leaving said thread South 00°3703" West 425.53 feet to a found iron pin on the northerly right-of-way of said Appleway Drive; Thence along said right-of-way South 89° 16'29" West 330.00 feet to the Point of Beginning and containing 3.516 acres. Sterner (Tract 1 E) Commencing at the Southeast corner of Section 12; thence along the South line of the Southeast 1/4, also being the center line of Appleway Drive South 89° 16'29" West 264.06 feet to the Point of Beginning; thence continuing along said line South 89° 16'29" West 308.57 feet; thence North 0003703" East 470.52 feet; thence South 89022'57" East 117 feet more or less to the South bank of Spring Creek; thence Northeasterly along the North 00°22'30" East from the Point of Beginning; thence South 00°22'30" West 598 feet more or less to the Point of Beginning containing 3.64 more or less acres of land all as shown hereon. Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: FROM: 1�1-1 �f 133 i MEETING DATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Initial Zoning Upon Annexation of B-2 - Appleway Office Complex April 17, 2000 BACKGROUND: At the last regular meeting of April 3, 2000, the city council approved an ordinance on first reading for the initial zoning of B-2, General Business upon the annexation of approximately 8.16 acres. This property is being annexed concurrently with a preliminary plat for an eight lot commercial subdivision, Appleway Office Complex. The property proposed for annexation lies on the north side of Appleway Drive and west of Meridian Road. The annexation request and assignment of the appropriate zoning classification went before the Kalispell City -County Planning Board for public hearing at their March 14, 2000 regular meeting. The board has unanimously recommended the B-2 zoning designation upon annexation. RECOMMENDATION: A motion to adopt the second reading of the ordinance assigning a B-2, General Business, zoning designation upon annexation of this property would be appropriate. FISCAL EFFECTS: Minor positive effects once fully developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: April 11, 2000 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • ORDINANCE NO. 1351 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A" (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Deloris Partnership Group (Appleway Development Co.), Stanley W. Pine, and Marie M. Sterner, the owners of property described in Exhibit "A", petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to B-2, General Business, and WHEREAS, the property as described exists as property surrounded to the North by a motel and restaurants, City B-2 classification, to the East by a convenience store and strip mall, City B-2 classification, to the South by Residential and a junkyard, County R-1 classification, and to the West by a hotel and restaurant, City B-2 classification, and WHEREAS, the petition of Deloris Partnership Group, et. al, was the subject of a report compiled by the Flathead Regional Development Office, #KA-00-1, dated March 6, 2000, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, the City Council adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KA-00-1. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1175) is hereby amended by designating the property described in Exhibit "A" as B-2, General Business. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF APRIL, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk EXHIBIT A LEGAL DESCRIPTION Deloris/Pine/Sterner - Annexation and Initial Zoning Deloris Group (Tract IBA) Commencing at the Southeast Section corner of said Section 12; thence South 89° 16'09" West, on and along the South boundary of said Southeast Quarter of Section 12, a distance of 902.52 feet to a point; thence North 00037'03" East, a distance of 30.00 feet to a point which lies on the North boundary of a 60 foot road known as Appleway Drive, and which point is the True Point of Beginning; thence continuing North 00°37'03" East, on and along the West boundary of a tract of land described in Book 638, Page 476, records of Flathead County, a distance of 630.00 feet to a point which lies on the South boundary of a tract of land described in Book 730, Page 457, records of Flathead County; thence South 89° 16'09" West, on and along said South boundary of a tract of land described in Book 730, Page 457, a distance of 66.00 feet to a point which point is the Northeast corner of a tract of land described in Book 679, Page 767, records of Flathead County; thence South 00°3703" West, on and along the East boundary of said tract of land described in Book 679, Page 767, a distance of 630.00 feet to a point which lies on said North boundary of a 60 foot road known as Appleway Drive; thence North 89 ° 16'09" East, on and along said North boundary of Appleway Drive, a distance of 66.00 feet to the True Point of Beginning. Pine (Tract 113) Commencing at the southeast corner of the southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana, which is a found brass cap on the centerline of a 60 foot county road known as Appleway Drive; Thence along the south boundary of said Southeast 1/4 and along said centerline South 89° 16'29" West 902.53 feet; Thence leaving said centerline North 00°37'03" East 30.01 feet to a found iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing North 00"37'03" East 526.98 feet to the approximate thread of Spring Creek; Thence along said thread the following courses: South 36°06'53" East 15.43 feet; South 34029155" East 18.83 feet; South 71 °36'41" East 130.46 feet; South 75002104" West 22.38 feet; South 80049'07" East 14.76 feet; North 73°41'43" East 20.13 feet; North 85°58'01" East 49.11 feet; South 80° 18'30" East 76.32 feet; South 00° 19'32" West 9.77 feet; South 41 °02'24" East 8.60 feet; Thence leaving said thread South 0003703" West 425.53 feet to a found iron pin on the northerly right-of-way of said Appleway Drive; Thence along said right-of-way South 89° 16'29" West 330.00 feet to the Point of Beginning and containing 3.516 acres. Sterner (Tract IE) Commencing at the Southeast corner of Section 12; thence along the South line of the Southeast 1/4, also being the center line of Appleway Drive South 89016'29" West 264.06 feet to the Point of Beginning; thence continuing along said line South 89° 16'29" West 308.57 feet; thence North 0003703" East 470.52 feet; thence South 89°22'57" East 117 feet more or less to the South bank of Spring Creek; thence Northeasterly along the North 00022'30" East from the Point of Beginning; thence South 00°22'30" West 598 feet more or less to the Point of Beginning containing 3.64 more or less acres of land all as shown hereon.