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05. Ordinance 1629 - Initial Zoning - Glacier Town Center - 1st ReadingORDINANCE NO.1629 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO, 1460)9 BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO LOCATED IN PORTIONS OF SECTIONS 19 AND 30 OF TOWNSHIP 29 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED B-2, COUNTY GENERAL BUSINESS, COUNTY SAG-10, SUBURBAN AGRICULT , COUNTY SAG-5, SUBURBAN AGRICULTURAL AND COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-3, URBAN SINGLE FAMILY RESIDENTIAL, CITY R-4, TWO FAMILY RESIDENTIAL, CITY B-1 NEIGHBORHOOD BUFFER DISTRICT AND CITY B-3, COMMUNITY BUSINESS IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Wolford Development Montana, LLC owns approximately 485.5 acres of real property described within Exhibit "A" attached hereto and incorporated fully herein by this reference, and included within assessor's tracts 2C, 2D, 6A, 1, 3, 4, 1 B , IC, 1 CA, I.E. IF, 1 G, 2C, 2CA and located in portions of Sections 19 and 30 of Township 29 North, Range 21 West, Flathead County, Montana which currently has Flathead County zoning classifications of B-2, General Business, SAG-10, Suburban Agricultural, SAG-5, Suburban Agricultural and R-1, Suburban Residential; and WHEREAS, Wolford Development Montana, LLC, the owner of the property described above, petitioned the City of Kalispell that upon annexation the initial City of Kalispell zoning classification attached to the above described tract of land be R-3 - Urban S ingle Family Residential, R-4 - Two Family Residential, B-1- Neighborhood Buffer District and B-3 - Community Business, with two Planned Unit Development overlays; and WHEREAS, the property is located above West Reserve Drive and spans the distance between Highway 93 North and Whitefish Stage Road. The project site is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive and Semitool along its southern boundary, Highway 93 North along its western boundary, Whitefish Stage Road along its eastern boundary and a combination of state owned land and lands within the city and county along its northern boundary; and WHEREAS, the petition of Wolford Development Montana, LLC was the subject of a report compiled by the Kalispell City Planning office, Amended Staff Report ##KA-07-17 and KPI..UD-07-6, in which the Kalispell City Planning office evaluated the petition, compiled evidence and recommended that the property as described above be zoned R-3 - Urban Single Family Residential, R-4 - Two Family Residential, B-1 - Neighborhood Buffer District and B-3 - Community Business, With two Planned Unit Development overlays; and WHEREAS, the Kalispell City Planning Board properly noticed and held a Public Hearing on the matter on November 27, 2007 and on December 11, 2007 and after considering all written and oral public comment as well as all other evidence provided through the above described staff reports recommended that the initial zoning be R-3, Urban Single Family Residential, R-4, Two Family Residential, B-1- Neighborhood Buffer District, and B-3 - Community Business, with two Planned Unit Development overlays, upon annexation to the City of Kalispell; and WHEREAS, the Kalispell City Council properly noticed and held a Public Hearing on the matter on January 7, 2008 and received oral and written evidence from the public at that time; and WHEREAS, in making these findings of fact the Kalispell City Council considered the following evidence: aj Amended Kalispell City Planning office Staff Report KA-07-17, PUD-07-6 and PP-07-12 b) All application and other materials provided by applicant including letters received by applicant from the Montana Department of Transportation dated November 27, 2007 and November 28, 2007 c} Minutes of the Kalispell City Planning Board meetings and public hearing dated 11 /27/07 and 12/ 11 /07 d) Submittal materials of Kalispell City Planning Board President Bryan H. Schutt dated December 20, 2007 e) Response letter from CTA, applicant's agent, commenting on conditions of approval for Glacier Center PUD and Preliminary Plat approval dated November 27, 2007 f) All evidence, written and oral, provided by the public at the City Council Public Hearing dated January 7, 2008 g) All other written evidence provided in public comment materials received in to the City Clerk's Office on or before January 22, 2008 including the January 4, 2008 Montana Department of Transportation letter to Representative Jon S onj u h) All oral testimony provided at the "Public Speaks" portion of the January 22, 2008 Kalispell City Council meeting WHEREAS, the Kalispell City Council, after considering all the evidence set forth above to give the property the initial zoning of R-3 - Urban Single Family Residential, R-4 - Two Family Residential, B-1 - Neighborhood Buffer District, and B-3 - Community Business, as set forth and described in Exhibit "A", 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 the Kalispell City Planning Office as set out in Amended Staff Report No. KA-07-17 and KPUD-07-6. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALIS PELL, 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 designating the property described above as R.-3 - Urban Single Family Residential, R-4 - TWo Family Residential, B-1 - Neighborhood Buffer District and B-3 -r Community Business, as described herein in Exhibit "A" attached hereto and incorporated fully herein by this reference. 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 DAY OF 005. Pamela B . Kennedy Mayor #:L*Vv Theresa White City Clerk EXHIBIT "A" Glacier Town Center Zoning Legal Descriptions R.-3 Urban Single Family Residential Ig1�Y�111*I.1AM III IIIIII�IIIIYI�YIYr A tract of land located in the Southeast Quarter (SEI/4) and the Southwest Quarter (SWI/4) of Section 19, and the Northeast Quarter (NEI/4) and the Northwest Quarter (NWI/4) of Section 30, all of Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the south line of the Southeast Quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, said point being North 89°40' 28" West 607.98 feet from the southeast corner of said aliquot part; thence along said south line of said aliquot part, North 89°40'28" West. 79.83 feet to the northwest corner of that parcel of land depicted as Tract 1 on Certificate of Survey No. 15221, records of Flathead County, Montana; thence along the west line of said Tract 1, South 00012'44" East 662.10 feet to the northwest corner of that parcel of land described in Document No. 200221914230 and depicted as Tract 2 on Certificate of Survey No. 15221, records of Flathead County, Montana; thence along the west line of said Tract 2, South 00° 12'44" East 662.17 feet to the southwest corner of said Tract 2; thence along the south line of said Tract 2, South 89°42' 14" East 687.92 feet to the northeast corner of the Southeast Quarter of the Northeast Quarter of Section 301, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the east line of said aliquot part, South 00° 13'02" East 28.02 feet; thence North 90000' 00" West 1257.41 feet; thence North 00°00' 3 7" East 34.51 feet to the south line of the Northeast Quarter of the Northeast Quarter of the first above said Section 30; thence continuing North 00°00' 37" East 1324.52 feet to the south line of the Southeast Quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence continuing North 00°00' 37" East 36.70 feet; thence North 8905824" West 72.32 feet to the West line of said Southeast Quarter of the Southeast Quarter of Section 19; thence North 89°58'24" West 138.52 feet to the beginning of a 752.15 foot radius curve to the right; thence northwesterly along said curve through a central angle of 18°02' 23", an arc length of 236.82 feet; thence North 71 °56'01" West 96.29 feet to the beginning of a 850.00 foot reverse curve to the left; thence westerly along said curve through a central angle of 47° 10'45", an arc length of 699.92 feet; thence South 60° 5 3' 14" West 63.82 feet to the south line of the Southwest Quarter of the Southeast Quarter of said Section 19; thence continuing South 60°53' 14" West 14914 feet to the west line of the Northwest Quarter of the Northeast Quarter of the abovesaid Section 3 0; thence continuing South 60° 5 3' 14" West. 33.17 feet; thence North 00032' 36" West 89.60 feet to the south line of the Southeast. Quarter of the Southwest Quarter of said Section 19; thence continuing North 00°32' 36" West 527.48 feet; thence North 90°00'00" West 1298.62 feet to the west line of the Southeast Quarter of the Southwest Quarter of said Section 19; thence along said West line of said aliquot part, North 00033' 31"' West 800.04 feet to the northwest corner of that parcel depicted as Tract 9 on Certificate of Survey No. 4491, records of Flathead County, Montana; thence along the north line of said Tract 9, South 89°46' 02" East 1327.80 feet; thence North 00°34' 07" West 5.45 feet to the southerly boundary of that tract of land depicted on Certificate of Survey No. 3813, records of Flathead County, Montana; thence along said southerly boundary of said tract, South 89°53' 06" East 1377.15 feet to the southwest corner of that parcel depicted as Tract 1 on Certificate of Survey No. 8846, records of Flathead County, Montana; thence South 00° 12'54" west 34.20 feet; thence South 89°52'49" East 1272.80 feet to the east line of the above said Section 19; thence along said east line of said Section 19, South 00'37'31 " East 761.17 feet; thence North 66°56'48" west 245.50 feet to the beginning of a 200.00 foot radius curve, concave northwesterly, having a radial bearing of North 67 °3 8' 05" west, thence southwesterly along said curve through a central angle of 22°52' 27", an arc length of 79.85 feet; thence South 45 ° 14' 22" West 404.59 feet to the beginning of a 150.00 foot radius curve to the left, thence southwesterly along said curve through a central angle of 45 °07' 11", an arc length of 118.12 feet; thence South 00°07' 11" west 177.67 feet to the Point of Beginning, containing 113.851 acres of land. Subject to whitefish Stage Road, a Declared County Road being 60 feet in width. B-1 Nei hborhood Buffer District A tract of land located in the Southeast Quarter of the Southeast Quarter (SEI/4SEI/4) of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at the southeast corner of the Southeast Quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P. M.,M., Flathead County, Montana; thence along the south line of said aliquot part, North 89°40' 28" west 427.98 feet; thence North 00'07' 11" East 165.85 feet; thence North 45° 14' 22" East 263.61 feet; thence North 89°22'02" East 236.57 feet to the east line of the above said Southeast Quarter of the Southeast Quarter of said Section 19; thence along said east line of said aliquot part, South 00°37'31" East 356.54 feet to the Point of Beginning containing 3.056 acres of land. Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width. R-4 Two Family residential A tract of land located in the Southeast Quarter of the Southeast Quarter (SEI/4SEI/4) of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the east line of the Southeast Quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, said point being North 00°37' 31" West 356.54 feet from the southeast corner thereof; thence continuing along the east line of said aliquot part, North 0097' 3 1 " West 185.48 feet; thence North 66°56'48" West 245.50 feet to the beginning of a 200.00 foot radius curve, concave northwesterly, having a radial bearing of North 67°38'05" West, thence southwesterly along said curve through a central angle of 22°52' 27", an arc length of 79.85 feet; thence South 45 ° 14' 22" West 404.59 feet to the beginning of a 150.00 foot radius curve to the left; thence southwesterly along said curve through a central angle of 45007' 11", an arc length of 118.12 feet; thence South 00°07' 11" West 17 7.6 7 feet to the south line of the above said Southeast Quarter of the Southeast Quarter of Section 19; thence along said south line of said aliquot part, South 89°40' 28" East 180.00 feet; thence North 00'07' 11" East 165.85 feet; thence North 45° 14'22" East 263.61 feet; thence North 89°22'02" East 236.57 feet to the Point of Beginning, containing 3.719 acres of land. Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width. And A tract of land located in the Southwest Quarter of the Southeast Quarter (SWI/4SEI/a) and the Southeast Quarter of the Southeast Quarter (SEI/4SEI/4) of Section 19, and the Northeast Quarter (NEI/4) of Section 30, all of Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the southeast corner of the Northeast Quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the east line of said aliquot part, North 00° 13'02" West 1295.93 feet; thence North 90°00'00" West 1257.41 feet to the true Point of Beginning of the tract of land being described; thence continuing North 90°00'00" West 67.59 feet to the east line of the Southwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing North 90°00'00" West 848.09 feet; thence North 00°00' 00" East 39.50 feet to the north line of the above said Southwest Quarter of the Northeast Quarter of said Section 30; thence continuing North 00°00' 00" East 251.79 feet to the beginning of a 200.00 foot radius curve to the right, thence northeasterly along said curve through a central angle of 45000'00", an arc length of 157.08 feet; thence North 45 °00' 00" East 369.44 feet; thence North 45 °00' 00" West 38.17 feet to the beginning of a 150.00 foot radius curve to the right, thence northerly along said curve through a central angle of 45 °07' 11 ", an arc length of 118.12 feet; thence North 00'07' 11" East 535.51 feet to the north line of the Northeast Quarter of said Section 30; thence continuing North 00°07' 11" East 131.35 feet to a point on a 850.00 foot radius curve, concave southwesterly, having a radial bearing of South 09°01'08" West; thence southeasterly along said curve through a central angle of 09002' 51 ", an arc length of 134.22 feet; thence South 71 °56' 01 East 96.29 feet to the beginning of a 752.1.5 foot radius curve to the left; thence southeasterly along said curve through a central angle of 18°02' 23", an arc length of 236.82 feet; thence South 89°58'24" East 138.52 feet to the east line of the Southwest [quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence continuing South 89°58' 24" East 72.32 feet; thence South 00°00' 37" West 36.70 feet to the south line of the Southeast Quarter of the Southeast Quarter of said Section 19; thence continuing South 00°00' 37 West 1324.52 feet to the south line of the Northeast Quarter of the Northeast Quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence continuing South 00°00' 37" West 34.51 feet to the Point of Beginning containing 24.493 acres of land. And A tract of land located in the Southeast Quarter of the Northeast Quarter (SEI/4NEI/4) of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the east line of the Southeast Quarter of the Northeast Quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, said point being North 00° 13'02" West 1032.96 feet from the southeast corner thereof; thence along the east line of said aliquot part, North 00° 13' 02" West 262.97 feet; thence North 90°00'00" West 982.63 feet; thence South 00°00'00" East 99.59 feet to the beginning of a 150.00 foot radius curve to the right, thence southwesterly along said curve through a central angle of 45 °00' 00", an arc length of 117.81 feet; thence South 45 °00' 00" West 234.10 feet; thence South 45 °00' 00" East 205.00 feet to the beginning of a 145.46 foot radius curve to the right; thence southeasterly along said curve through a central angle of 43°55' 11", an arc length of 111.50 feet; thence North 89°59'43" East 249.94 feet to the west line of that parcel of land described in Document No. 200713611350, and shown on Certificate of Survey No. 1890, records of Flathead County, Montana; thence along said west line of said parcel, North 00° 12' 59" West 341.68 feet to the northwest corner thereof; thence along the north line of said parcel, North 89007' 19" East 757.00 feet to the Point of Beginning, containing 8.932 acres of and Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width. B-3 Community Business .Y�1�1IYFl�I144411 UIIIII III.II■IYIIII�IIYYY�1 ■/..M..�.YIII..Y.r.�..r A tract of land located in the Southeast Quarter of the Southwest Quarter (SEI/4SWI/4) of Section 19, and the Northwest Quarter (NWI/4), Northeast Quarter (NEI/4), Southwest Quarter (SWI/4), and Southeast Quarter (SEI/4) of Section 30, all of Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the north line of Government Lot 1 of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, said point being South 89°41' 25" East 69.82 feet from the northwest corner thereof, said point also being on the north line of that parcel described in Book 550 Page 579, records of Flathead County, Montana; thence along said north line of said Government Lot 1 and along the north line of said parcel, South 89°41' 25" East 773.47 feet to the northeast corner of said parcel; thence continuing along said north line of said Government Lot 1, South 89°41' 25" East 464.37 feet to the southwest corner of the Southeast Quarter of the Southwest Quarter of Section 19, Township 29 North, Range 21 west, P.M.,M., Flathead County, Montana; thence along the west line of said aliquot part, North 00°33' 31 West 520.46 feet; thence North 90000'00" East 1298.62 feet; thence South 00°32'36" East 527.48 feet to the north line of the Northeast Quarter of the Northwest Quarter of the above said Section 30; thence continuing South 00° 3 2' 3 G" East 89.60 feet; thence North 60 ° 5 3' 14" East 33.17 feet to the west line of the Northwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing North 60 ° 5 3' 14" East 149.14 feet to the north line of said aliquot part; thence continuing North f 0°53' 14" East 63.82 feet to the beginning of a 850.00 foot radius curve to the right; thence easterly along said curve through a central angle of 38°07' 54", an arc length of 565.69 feet; thence South 00°07' 11" west 131.35 feet to the north line of the Northwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing South 00°07' 11" west 535.51 feet to the beginning of a 150.00 foot radius curve to the left; thence southerly along said curve through a central angle of 45'07' 11", an arc length of 118.12 feet; thence South 45°00'00" East 38.17 feet; thence South 45°00'00" West 369.44 feet to the beginning of a 200.00 foot radius curve to the left, thence southwesterly along said curve through a central angle of 45 °00' 00", an arc length of 157.08 feet; thence South 00°00'00" East 251.79 feet to the north line of the Southwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing South 00°00' 00" East 39.50 feet; thence North 90°00' 00" East 848.09 feet to the east line of the Southeast Quarter of the Northeast Quarter of the above said Section 30; thence continuing North 90°00' 00" East 342.37 feet; thence South 00°00' 00" East 99.59 feet to the beginning of a 150.00 foot radius curve to the right; thence southwesterly along said curve through a central angle of 45°00'00", an arc length of 117.81 feet; thence South 45 °00' 00" West 234.10 feet; thence South 45 °00' 00" East 205.00 feet to the beginning of a 145.46 foot radius curve to the right; thence southeasterly along said curve through a central angle of 43 °55' 11 ", an arc length of 111.50 feet; thence North 89°59'43" East 249.94 feet to the west line of that parcel of land described in Document No. 200713611350, and depicted on Certificate of Survey No. 1890, records of Flathead County, Montana; thence along said west line of said parcel, South 00° 12' 59" East 675.79 feet to the southwest corner of said parcel, said point also being on the north line of the Northeast Quarter of the Southeast Quarter of the above said Section 30; thence along said north line of said aliquot part, Forth 89042' 18" West 567.43 feet to the northeast corner of that parcel of land described in Document No. 9407612280 and depicted as Tract 1 on Certificate of Survey No. 9442, records of Flathead County, Montana; thence along the north line of said Tract. 1, North 89°41' 29" West 993.26 feet to the northwest corner of said Tract 1; thence along the west line of said Tract 1, South 00015'21" East 1324.29 feet to the northwest corner of that parcel of land described in Document No. 8430608100 and depicted on Certificate of Survey No. 7143, records of Flathead County, Montana; thence along the west line of said parcel, South 00° 15' 21" East 1294.33 feet to a point on the northerly right-of-way line of west Reserve Drive (Montana Highway Project No. RS 548-1(2)4); thence along said northerly right-of-way line of west Reserve Drive, North 89°44' 17" West a distance of 330.86 feet to a point on the west line of the Southwest Quarter of the Southeast Quarter of the above said Section 30, said point also being on the east line of that parcel described in Document No. 200119710190, and as depicted on Certificate of Survey No. 2394, records of Flathead County, Montana-, thence along said west line of said aliquot part, and along said east line of said parcel, North 00° 15'40" West 694.72 feet to the northeast corner thereof; thence along the north line of said parcel, North 89°44'43" West 1335.60 feet to the east line of Government Lot 4 of the above said Section 30; thence continuing along the north line of said parcel, North 89°44'43" West 47.77 feet, more or less, to the approximate thread of the Stillwater Diver; thence leaving said north line of said parcel, and following said approximate thread of said Stillwater River, the following ten (10) courses: Forth 51 °43'38" West 36.49 feet; North 75° 13'30" West 65.45 feet; South 50°42'04" West 291.30 feet; South 75°30'07" West 128.45 feet; North 55°32'34" West 100.35 feet; North 01 °07'27" East 92.74 feet; Forth 48 °20'43 " East 191.54 feet; North 14048'53" East 122.29 feet; Forth 12' 11'01" West 142.46 feet; and North 22°2TO1" West 265.55 feet, more or less, to the north boundary of the above said Government Lot 4; thence along said north boundary of said Government Lot 4, South 89°43'03" East 530.65 feet to the southwest corner of the Northeast Quarter of the Southwest Quarter of the above said Section 30; thence along the west line of said aliquot part, North 00°23'28" West 1325.29 feet to the southeast corner of Government Lot 2 of the above said Section 30; thence along the south boundary of said Government Lot 2, North 89°42' 28" West 1.253.52 feet to the easterly right-of-way boundary of U.S. Highway No. 93 (Highway Project F5-3(32)115); thence six courses along said easterly boundary line of said U.S. Highway No. 93: North 04°29' 58" East 189.11 feet, North 00' 11' 13" East 340.08, North 04'34' 11" West 60.20 feet, North 00' 11' 13" East 40.00 feet, North 13°36'03" West 41.31 feet, and North 00' 11' 13" East 655.88 feet to the south line of Government Lot 1 of the above said Section 30; thence continuing along said easterly right-of-way boundary of U.S. Highway No. 93, the following five courses: North 00011 ' 13" East 164.00 feet, North 14° 13' 23" East 61.85 feet, North oo° 11' 01" East 940.05 feet, North 13 °56' 3 5" West 61.89 feet., and North oo' 10'44 East 100.60 feet to the Point of Beginning, containing 330.721 acres of land.