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2. Ordinance 1670 - Initial Zoning - Wholly Surrounded Areas - 2nd ReadingPLANNING FOR THE FUTURE REPORT TO: Kalispell Mayor and City Council FROM: PJ Sorensen, Planner II Jane Howington, City Manager Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kahspell.com/planning SUBJECT Annexation of Wholly Surrounded Areas/Initial Zoning MEETING DATE: October 19, 2009 (Second Reading) BACKGROUND: This is the second reading on a request for initial zoning designations for eight wholly surrounded areas which were previously considered by the City Council for annexation at the July 6, 2009, meeting. Resolution 5373 annexed the properties effective on October 21, 2009. The specific areas are listed below (the numbers used follow the numbering used by the Council when discussing all wholly surrounded areas). Area 8: Approximately 4.02 acres located on the south side of West Northview Loop. The proposed zoning designation is R-3 (Urban Single -Family Residential), which matches the surrounding properties. Owner: Mark Hensley. Area 9: Approximately .09 acres located on the west side of Grandview Drive near Juniper Bend. The proposed zoning designation is R-3 (Urban Single Family Residential), which matches the properties to the east and south. Owners: Morning Sun Inv.; Peter and Mary Fusaro; Richard and Lorraine Stotts. Area 11: Approximately .08 acres located on the north side of East California Street between 4+h and 5+h Avenues EN. The proposed zoning designation is R-3 (Urban Single Family Residential), which matches the remainder of the lot and the surrounding properties. Owner: Loretta Johnson. Area 12: Approximately .49 acres located on the south side of East Oregon Street between 8th and 9th Avenues EN. The proposed zoning designation is R-3 (Urban Single Family Residential), which matches the properties on the west, north, and south. Owners: Clark Henley; Donnell Timm and Rebecca Hampton. Area 15: Approximately 3.13 acres located on the west side of South Meridian Road between West Center Street and 2nd Street West. The proposed zoning designation is R-4 (Two Family Residential), which matches the properties to the south. Owners: Ron and Edna Carter; John and Angelique McCrorie; Ricky and Susan Oikle; Gary and Ruby Anderson. Area 18: Approximately .09 acres south of 18th Street East and west of 5+h Avenue East. The proposed zoning designation is RA-1 (Low Density Residential), which matches the properties to the north and east. Owners: Norman and Jolene Bjelland; Thomas Price. Area 19: Approximately .12 acres east of 5th Avenue East and north of 18th Street East. The proposed zoning designation is RA-1 (Low Density Residential Apartment), which matches the remainder of the lot and the surrounding properties. Owners: Michael and Donna Delage. Area 21: Approximately .54 acres near the intersection of Leisure Drive and Windriver Drive. The proposed zoning designation is R-2 (Single Family Residential), which matches the surrounding properties. Owner: Barbara Seelye. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of October 5, 2009. RECOMMENDATION: A motion to approve the second reading of the ordinance for initial zoning would be in order FISCAL EFFECTS: Minor positive impacts. ALTERNATIVES: As suggested by the city council. Respectfully submitted, r PJ Sorensen Jane Howington Planner II City Manager Report compiled: October 12, 2009 c: Theresa White, Kalispell City Clerk ORDINANCE NO. 1670 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, on July 6, 2009, the City of Kalispell passed Resolution 5373, which annexed certain wholly surrounded tracts of land, more particularly described on Exhibit "A", attached hereto and thereby made a part hereof, pursuant to the provisions of Title 7, Part 45 Montana Code Annotated (Annexation of Wholly Surrounded Land); and WHEREAS, pursuant to and in accordance with the Kalispell Zoning Ordinance, the tracts of land must now be zoned, and WHEREAS, initial zoning for the wholly surrounded tracts of land was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-09-02, in which the Kalispell Planning Department recommended various zoning designations for the properties, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September 9, 2009, and recommended various zoning designations for the properties, and WHEREAS, after considering all the evidence submitted on the proposal to zone each property as described on Exhibit "A", the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and 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 KPD as set forth in Staff Report No. KA-09-02. 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. 1460) is hereby amended by zoning the properties as described on Exhibit "A". 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 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, MONTANA, THIS 19TH DAY OF OCTOBER, 2009. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT "A" Area 8 - Tract 6E, Assessor# 0439590, Document Recording No. 199821211550 Owner: Mark Hensley Zoning Designation: City R-3 (Urban Single Family Residential) A parcel of land in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point, the accepted Southwest corner of said Section 1; Thence North 67°43'20" East a distance of 1432.19 feet to a point on the Westerly boundary of said Southeast Quarter of the Southwest Quarter, the True Point of Beginning; Thence North 00°57'42" East along the Westerly boundary of said Southeast Quarter of the Southwest Quarter a distance of 318.54 feet to a point; Thence South 87'17' 11" East a distance of 591.69 feet to a point; Thence South 5°3629" West a distance of 291.75 feet to a point; Thence South 89'59' 16" West a distance of 567.87 feet to the True Point of Beginning. Area 9 - Tract 5ABO, Assessor# 0942654, Document Recording No. 199834516300 That portion of Lot 13, Section 6, Township 28 North, Range 21 West, Flathead County, Montana, described as follows: Beginning at the Southwest corner of Lot 4, Grand View Heights Addition to Kalispell; then along the West line of Lot 4, North 2°56'35" East 49.90 feet to the Southeast corner of that parcel described in Book of Deeds 504, Page 193; then along the South line of said parcel South 88°58'17" West 39.04 feet; then South 3°16'32" West 49.79 feet to the Northwest corner of that parcel shown on Certificate of Survey No. 1128; then along the north line of said parcel North 89°09'35" East 39.20 feet to the Point of Beginning. together with: Assessor# 0834460 - The West portion of Lot A of Grandview Heights Lots 2 & 3 Amd Assessor# 0978227 - The Northwest portion of Lot 2, Stotts Grand View Area 11 - Tract 24, Assessor# 0409100, Tract lA of Certificate of Survey No. 7945 Owner: Loretta Johnson Zoning Designation: City R-3 (Urban Single Family Residential) A tract of land in the Southwest Quarter of the Northwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Commencing at the northwest corner of said Southwest Quarter of the Northwest Quarter; Thence South 00°48'31" West along the west line of said Southwest Quarter of the Northwest Quarter, 453.52 feet, to the point of beginning of the tract herein described; Thence continuing South 00°4831" West along the west line of said Southwest Quarter of the Northwest Quarter, 154.59 feet to a point on the north R/W line of California Street; thence North 76°49'03" East along the northerly R/W line of California Street, 59.37 feet; thence North 13°10'57" West, 96.42 feet; thence North 35'30' 11" West, 57.92 feet to the point of beginning and containing 0.127 acres of land. Area 12 - Tract 30XA and 30XAAA, Assessor# 0321100, Doc Recording No. 200013616390 Owners: Clark Henley; Donnell Timm and Rebecca Hampton Zoning Designation: City R-3 (Urban Single Family Residential) A tract of land Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of Block B of Duncan's Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, and which point is situated on the continuation in a straight line and in an Easterly direction of the South boundary line of Block B; thence North 13 °42' 00" West, a distance of 300 feet to the True Point of Beginning of the tract hereby conveyed; thence North 7698' 00" East, a distance of 58 feet: thence South 13°42'00" East, a distance of 150 feet; thence South 7698'00" West, a distance of 58 feet; thence North 13°42'00" West, a distance of 150 feet to the True Point of Beginning. together with Tract 30XAA and 30XC, Assessor# 0656750, Doc Recording No. 200800025017 A tract of land Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the continuation of the southerly line of said Block B; thence North 13°42'00" West 300 feet; thence North 769 8' 00" East 50 feet to the True Point of Beginning; thence North 769 8' 00" East 83 feet: thence South 13°42'00" East 150 feet; thence South 7698'00" West 83 feet; thence North 13°42'00" West 150 feet to the True Point of Beginning. excepting therefrom: Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the continuation of the southerly line of said Block B; thence North 13°42'00" West 300 feet; thence North 76' 18'00" East 50 feet to the True Point of Beginning; thence North 76' 18'00" East 8 feet: thence South 13°42'00" East 150 feet; thence South 76°18'00" West 8 feet; thence North 13°42'00" West 150 feet to the True Point of Beginning. Area 15 Owners: Ron and Edna Carter; John and Angelique McCrorie; Ricky and Susan Oikle; Gary and Ruby Anderson. Zoning Designation: Citv R-4 (Two Family Residential) Multiple tracts of land in the Northeast Quarter of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Assessor# 0011421 Document Recording No. 200603216180; Tract AA of Lot 11, Hollister's Meridian Tracts & Tract AA of Lot 12, Hollister Meridian Tracts being: Those portions of Lots 11 and 12, of Hollister's Meridian Tracts according to the plat thereof, more particularly described as follows: Beginning at a point on the North line of said Lot 11,132.5 feet West of the Northeast corner thereof; thence Southerly, parallel with the East line of said Lots 11 and 12, a distance of 160 feet to a point on the South line of said Lot 12, 132.5 feet West of the Southeast corner of said Lot 12; thence West along the South line of Lot 12 a distance of 55.6 feet to a point; thence North and parallel with the East line of said Lots 11 and 12 a distance of 160 feet to a point on the North line of Lot 11; thence East along the North line of Lot 11 a distance of 55.6 feet to the point of beginning. Assessor# 0767756 Doc Recording No. 200218312080; The East 132.5 feet of Lots 11 and 12 of Hollister's Meridian Tracts, together with: Tract 11C - A tract of land located in the NE1/4NE1/4 of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing 30.00 feet west and 576.00 feet south of the Northeast corner of said Section 13, being the Place of Beginning for the tract herein described: thence West a distance of 200 feet to a point; thence South a distance of 80.00 feet to a point; thence East paralleling the North boundary line thereof 200 feet of the West boundary of the County Highway; thence North a distance of 80.00 feet along the West boundary of said highway to the Place of Beginning. Assessor# 0624450 Tract 11E, Doc Recording No. 20043031110 A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Commencing at northeast corner of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana; thence along the east boundary of said Northeast Quarter, South 01 °09'46" West 663.43 feet; thence North 89°35'41" West 37.00 feet to a set iron pin on the westerly R/W of Meridian Road, which is the True Point of Beginning of the tract of land herein described: Thence along said R/W South 01 °09'46" West 79.94 feet to a set iron pin; thence leaving said R/W North 89°11'56" West 207.60 feet to a set iron pin; thence North 00°10'48" west 78.50 feet to a set iron pin; thence South 89°35'41" East 209.45 feet to the point of beginning and containing 0.379 acres. (Tract 1 of Retracement Certificate of Survey No. 13395) Assessor# 0134950 - The East 188.1 feet of Lot 13 of Hollister's Meridian Tracts and Lot 4 of Hollister's Meridian Tracts Assessor# 0134900 - That portion of the East 188.1 feet of Lots 14 and 15 of Hollister's Meridian Tracts more particularly described as follows: Beginning at the northeast corner of said Lot 14; thence southerly along the easterly line of Lots 14 and 15 a distance of 150 feet; thence west along the south line of Lot 15 a distance of 188.1 feet; thence northerly parallel with the east line of lots 14 and 15 a distance of 150 feet to a point on the north line of Lot 14, 188.1 feet west of the point of beginning; thence east along said north line of Lot 14 a distance of 188.1 feet to the point of beginning. Assessor# 0019625 - Tract 11DA, Doc Recording No. 200300214450 A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point 30 feet West of and 816 feet South of the Northeast corner of Section 13; thence West 200 feet; thence South 85 feet; thence East and parallel with the North boundary of said tract herein described, a distance of 200 feet to the West boundary of Meridian Road; thence north along the West boundary of said road, a distance of 85 feet to the Point of Beginning. Area 18 Owners: Norman and Jolene Bjelland; Thomas Price Zoning Designation: City RA-1 (Low Density Residential) Assessor# 0036450, (Tract 8NE, excepting the East 150 feet) Document Recording No. 200630413420 A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence North 89°33'00" West, along the north section line 363 feet to a point; thence South 13°21'00" East, 125 feet; thence South 76°39'00" west, a distance of 111.64 feet; thence North 13°21'00" West, a distance of 152.90 feet, more or less, to the north line of said Section; thence North 89°33'00" west along the section line, a distance of 56.30 feet to a point, which is 534.50 feet from the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence South 13 °21' 00" East, a distance of 213.12 feet to a point; thence North 76°39'00" East, approximately 164 feet to a point; thence North 13°21'00" West, a distance of 50.00 feet to the place of beginning. excepting therefrom a tract of land described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence North 89°33'00" West, along the north section line 363 feet to a point; thence South 13°21'00" East, 125 feet; thence South 76°39'00" West, 111.64 feet to the place of beginning; thence North 13°21'00" West, 152.9 feet, more or less to the north line of said Section; thence North 89°33'00" West, along the section line 56.3 feet to a point which is 534.5 feet from the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, 163.2 feet to a point; thence North 76°39'00" East, approximately 56 feet to the place of beginning. (Tract 8NEA) further excepting therefrom the East 150 feet of the tract herein described. Assessor# 0707490, (Tract 8NEA, excepting the East 38.36 feet) Document Recording No. 200800021001 A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence North 89°33'00" West, along the north section line 363 feet to a point; thence South 13°21'00" East, 125 feet; thence South 76°39'00" West, 111.64 feet to the place of beginning; thence North 13°21'00" West, 152.9 feet, more or less to the north line of said Section; thence North 89°33'00" West, along the section line 56.3 feet to a point which is 534.5 feet from the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, 163.2 feet to a point; thence North 76°39'00" East, approximately 56 feet to the place of beginning. (Tract 8NEA) excepting therefrom the East 38.36 feet of the tract herein described. Area 19 Owners: Michael and Donna Delage Zoning Designation: City RA-1 (Low Density Residential Apartment) Assessor# 0431221, (Tract 5Z, excepting the West 150 feet) Document Recording No. 199817715210 A tract of land in the Southeast Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at a point 1,098.00 feet Southerly from the Southwest corner of Block 248 of Kalispell Townsite Company's Addition Number 7 to Kalispell, Montana, according to the recorded plat thereof, records of Flathead County, Montana, at which point is on the line which is a southerly continuation of the West line of said Block 248; thence Southerly, and along a line which is the Southerly continuation of the West line of Block 248, a distance of 30.00 feet to a point; thence Easterly at right angles, on a line parallel with the Southerly line of Fourteenth Street, a distance of 389.92 feet, more or less, to the West line of the Southwest Quarter of the Southeast Quarter of said Section; thence North and along the west line of the Southwest Quarter of the Southeast Quarter, a distance of 135.90 feet; thence Westerly, on a line parallel with the South line of Fourteenth Street, a distance of 210.96 feet to the Point of Beginning of the tract to be herein described; thence Southerly and parallel with the westerly line of said Block 248, a distance of 102.00 feet to a point; thence Westerly, a distance of 210.96 feet, more or less to the point aforesaid as being 1,098.00 feet southerly along the Southerly continuation of the West line of said Block 248; thence Northerly, along the Southerly extension of the West line of said Block 248, a distance of 102.00 feet; thence Easterly, and parallel with the South line of Fourteenth Street, a distance of 210.99 feet to the Place of Beginning. excepting therefrom the West 150 feet of the tract herein described. Area 21 Owner: Barbara Seelye Zoning Designation: City R-2 (Single Family Residential) Assessor# 0779655 - Tract 3F, Document Recording No. 199824316120 A tract of land in the Northwest Quarter of the Northwest Quarter of Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the southeast corner ofNW 1/4NW 1/4 of Section 21; thence North 0° 10'00" West, and along the easterly boundary line of said NW1/4NW1/4 30.0 feet to a point on the northerly boundary line of Leisure Drive, thence North 45°51'00" West and along the northerly boundary line of Leisure Drive, 348.32 feet to the true point of beginning of the tract of land being described; thence North 45°51'00" West, and along the northerly boundary line of Leisure Drive, 100.24 feet to a point; thence North 40' 12' 00" East 226.43 feet to the center of the Backwater of the Stillwater River; thence South 52°30' 00" East, and along the center of said Backwater, 100.13 feet to a point; thence South 40'12'00" West, 238.34 feet to the point of beginning and containing 0.53 acres of land, more or less.