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09B. Resolution 4454 - Reject Unicore Development (Chokecherry Ridge) Annexation & ZoningRESOLUTION 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. H:\attsect\wp\res\annexation\decline.wpd I N 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 H:\attsect\wp\res\annexation\decline.wpd 2 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 S54°55'22"E, A DISTANCE OF 90.71 FEET TO A POINT; THENCE S42039'54"E, A DISTANCE OF 121.06 FEET TO A POINT; THENCE S31015'22"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 S76011'00"W, 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. 5