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.