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02. Resolution 4481 - Annexation Request from Deloris Partnership GroupFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: 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 Annexation and Initial Zoning of B-2, General Business - Deloris Partnership Group June 7, 1999 BACKGROUND: This is a request for annexation and initial zoning of B-2, General Business, on approximately 4.045 acres located on the north side of Appleway and east of Highway 2 approximately one quarter miles. This matter went to the planning board for public hearing and consideration on May 11, 1999. The planning board is unanimously recommending that the property be zoned B-2, General Business, upon annexation into the city. RECOMMENDATION: A motion to adopt the resolution amending the city limits boundaries to include this property and the ordinance to zone it B-2 upon annexation would be appropriate. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. 4" A,.< Narda A. Wilton Chris A. Kukulski Senior Planner City Manager Report compiled: May 17, 1999 Attachments: Letter of transmittal Exhibit A, legal description Staff report KA-99-3 and back-up materials Draft planning board minutes Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO. 4481 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE KNOWN AS DELORIS ADDITION NO. 291; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from William C. Rice, of Deloris Partnership Group, the owners of property located on the north side of Appleway Drive and east of its intersection with Highway 2 approximately 1/4 mile and described in Exhibit A, attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Deloris Partnership Group's Annexation Request, #KA-99-3, dated May 4, 1999, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described in Exhibit A, be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Deloris Addition No. 291. SECTION II. Upon the effective date of this Resolution, the City Clerk 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 Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed deloris partannex.wpd - 1 - territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. 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 KALISPELL, THIS DAY OF JUNE, 1999. Wm. E. Boharsk Mayor ATTEST: Theresa White City Clerk deloris partannex.wpd - 2 EXHIBIT A A tract of land located in the south half of the southeast quarter of Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the east one -sixteenth comer of Sections 12 and 13; thence N00°37'03"E, on and along the west boundary of the southeast quarter of the southeast quarter of said Section 12, a distance of 30,00 feet to a point which point lies on the north boundary of a 60 foot road known as Appleway Road; thence N89° l W09"E, on and along said north boundary of Appleway Drive, a distance of 163.00 feet to the true point of beginning; Thence N89° 16'09"E, continuing on and along said north boundary of Appleway Drive, a distance of 167.00 feet to a point which is southwest corner of a tract of land described in Book 469 Page 263, records of Flathead County; Then N00°37'03"E, on and along the west boundary of said tract described in Book 469 Page 263, a distance of 630.00 feet to the northwest comer of said -tract described in -Book 469 Page 263; Thence S89° 16'09"W; along the south boundary of a tract of land described in Book 730 Page .457, records of Flathead County; a distance of 340.45 feet to an existing fence, as indicated on 4B's Addition No. 45, records of Flathead County; Thence S00041'41"W, on and along said existing fence, a distance of 409.02 feet to a point; Thence N89° 16'09"E, a distance of 174.30 feet to a point; Thence S00°41'41"W, a distance of 22 1. 00 feet to the true point of beginning. This tract contains 4.045 acres.