10. Resolution 5327 - Exclusion of Property - Bay Ridge EstatesREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT De -annexation of 18.88 acres of land previously part of the former
Bay Ridge Estates development
MEETING DATE: November 17, 2008
BACKGROUND: In January of 2007 the city council conditionally approved an
annexation, initial zoning and subdivision request for the Bay Ridge Estates
Subdivision. Four tracts of land where part of this 18.8 acre subdivision located at
the northern end of Meadows Lane. Meadows Lane is accessed off of Three Mile Drive
approximately one-fourth mile west of Stillwater Road. The property addresses
include 537, 541, 543 and 545 Three Mile Drive and can legally be described as
assessor's tracts 113, IBF, 1BD, and 1BDA located within S1 /2 of Section 2, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana.
Unfortunately, the consortium of property owner's part of Bay Ridge Estates dissolved
along with the plans to develop the property as proposed. Some of the properties have
since been sold and the owners no longer wish to be annexed into the city. At this
time, the subdivision is defunct, but the pending annexation needs to be closed.
Typically annexations are effective immediately. However, the city had concerns about
annexing these properties due to a lack of fire suppression infrastructure on site. To
address the issue, a condition of approval was added that required the group to
provide water in the form of a temporary storage tank by the time of annexation.. This
would allow the fire department to provide interim services while the necessary
infrastructure was constructed, i.e. water mains and hydrants. At this time, there is
no storage tank and the city has no way of providing services should a fire occur on
the property.
Staff recommends that the council rescind the annexation of tracts 113, 1BF, 1BD, and
113DA per the agreement based on the lack of adequate fire suppression infrastructure
(a condition of annexation) and at the request of the property owners. The council
also needs to amend the zoning ordinance to remove the property from the City of
Kalispell's zoning map. The properties will revert back to the previous county zoning
designation of AG-80 and SAG-5.
RECOMMENDATION: A motion to rescind the annexation per the agreement and
amend the zoning ordinance to remove the property from the City of Kalispell's zoning
map would be in order.
FISCAL EFFECTS: Minor_
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: September 1.7, 2008
c: Theresa White, Kalispell City Clerk
M ebb
Interim City Manager
Return to:
Theresa White
City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5327
A RESOLUTION RESCINDING RESOLUTION 5254 PASSED BY CITY COUNCIL ON
JANUARY 7, 2008 THAT PROVIDED FOR THE ALTERATION OF THE BOUNDARIES
OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION
CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED ON "EXHIBIT A",
LOCATED IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from Bay Ridge Development, LLC, the
owners of property located at the northern end of Meadows Lane, which connects to
Three Mile Drive approximately one-fourth mile west of the intersection of Three
Mile Drive and Stillwater Road, requesting that the City of Kalispell annex the
territory into the City, and
WHEREAS, following review and recommendations by the Kalispell Planning Board and a report
thereby issued, the Kalispell City Council passed Resolution No. 5254 on January 7,
2008 approving said petition and annexed the property more fully described on
Exhibit "A" attached hereto, and
WHEREAS, the property was zoned City R-3, Urban Single Family Residential, upon annexation,
and
WHEREAS, the City Council passed Resolution 5255, approving of the preliminary plat of Bay
Ridge Estates which included Condition No. 22 stating that "An all-weather water
storage tank shall be provided in a central location on the property (vicinity of Lot
36) holding a minimum of 5,000 gallons of water prior to annexation of the property
being recorded"; and
WHEREAS, Bay Ridge Development, LLC has not been able to comply with Condition No. 22 of
the Preliminary Plat and the resolution of annexation has therefore not been
recorded; and
WHEREAS, Bay Ridge Development, LLC, has now dissolved and the owners of property have
determined that they are not able to develop the property as they intended and have
made a formal request to the City of Kalispell to rescind the annexation; and
WHEREAS, as city taxes have not been collected from the property owner and no city services
have yet been provided, the City of Kalispell has the statutory authority within Title
7, Chapter 2, Part 46, Montana Code Annotated to rescind the annexation of this
property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That Resolution No. 5254 annexing all the real property as described
on Exhibit "A" to the City of Kalispell is hereby rescinded.
SECTION XI. 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 17TH DAY OF NOVEMBER, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Tract 1
A Tract of land situated, lying and being in the Southwest 1/4 of the Southeast 1/4 and the
Southeast 1/4 of the Southwest 1/4 of Section 2, Township 28 North, Range 22 West, Principal
Meridian, Flathead County, Montana, more particularly described as follows:
Beginning at the Center -south 1/16 Corner of Section 2; thence South 89°46'55" West a
distance of 323.94 feet to the thread of Spring Creep; thence along said creek the following
courses:
South 14°33'02"
East a distance of 32.68 feet to a point;
South 40°43'56"
East a distance of 29.29 feet to a point;
South 87°39'38"
East a distance of 37.06 feet to a point;
South I8°02'43"
East a distance of 44.18 feet to a point;
South 62°46'16"
East a distance of 10.68 feet to a point;
North 62°27'09"
East a distance of 11.25 feet to a point;
North 32°20'44"
East a distance of 29.73 feet to a point;
North 75°21'04"
East a distance of 10.51 feet to a point;
South 53°58'07"
East a distance of 19.24 feet to a point;
South 00°21'46"
East a distance of 13.66 feet to a point;
South 52°25'27"
East a distance of 23.63 feet to a point;
North 35°38'45"
East a distance of 34.32 feet to a point;
South 50°40'I5"
East a distance of 17.55 feet to a point;
South 00°33'58"
West a distance of 61.69 feet to a point;
South 34°26'35"
East a distance of 40.50 feet to a point;
South 30°41'28"
East a distance of 34.79 feet to a point;
North 86°06'34"
East a distance of 28.46 feet to a point;
South 52°32'36"
East a distance of 25.52 feet to a point;
South 15°21'54"
East a distance of 62.04 feet to a point;
South 28°51'l6"
West a distance of 25.85 feet to a point;
North 82° 11'59"
West a distance of 24.67 feet to a point;
South 56°40'06"
West a distance of 28.57 feet to a point;
South 14°02'08"
West a distance of 23.33 feet to a point;
South 16° 19'38"
West a distance of 43.24 feet to a point;
South 62°49'00"
West a distance of 17.65 feet to a point;
South 19°47'20"
West a distance of 19.43 feet to a point;
South 44°44'49"
East a distance of 14.37 feet to a point;
South 08°38'35"
West a distance of 34.86 feet to a point;
South 54°30' 15"
East a distance of 27.35 feet to a point;
South 28°00'41"
West a distance of 20.14 feet to a point;
South 86°49'50"
West a distance of 48.38 feet to a point;
South 46°00'08"
West a distance of 80.71 feet to a point;
South 16°4255"
West a distance of 44.68 feet to a point;
South 09003153"
East a distance of 39.87 feet to a point;
South 78°27'10"
East a distance of 50.88 feet to a point;
South 01°32'39"
East a distance of 14.18 feet to a point;
thence leaving said thread North 89°54'09" East a distance of 575.15 feet to a 5/8" rebar;
thence North 01°02'33" East a distance of 661.27 feet to a 518" rebar; thence
South 89°46'55" West a distance of 414.05 feet to the Point of Beginning.
Shown as Parcel A of Certificate of Survey No. 17120.
Tract 2
That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of the North 1/2 of the Southwest 1/4 of the Southeast
1/4; thence along the North line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4
North 89°48'21" East 414.02 feet to the Point of Beginning; thence continuing along the
North line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 891,48'21" East
732.27 feet; thence South 34°09'48" West 370.78 feet to a point on a 100.00 foot radius curve
concave Southwesterly having a radial bearing of North 33°55'04" East; thence
Northwesterly along the curve thru a central angle of 32°51'29" 57.35 feet; thence
North 88°56'26" West 475.33 feet; thence North 01 °03'34" East 278.57 feet to the Point of
Beginning.
Shown as Parcel B of Certificate of Survey No. 14672.
Tract 3
That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Southwest corner of the North 1/2 of the Southwest 1/4 of the Southeast 1/4;
thence along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4
North 89°51'28" East 406.74 feet to the Point of Beginning; thence continuing along the
South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 89°51'28" East
575.59 feet; thence North 01'01'50" East 269.65 feet to a point on a 100.00 foot radius curve
concave Southwesterly having a radial bearing of North 88°2546" West; thence
Northwesterly & Westerly along the curve thru a central angle of 90°30'40" 157.97 feet;
thence North 88°56'26" West 475.33 feet; thence South 01°03'34" West 382.62 feet to the
Point of Beginning.
Shown as Parcel C of Certificate of Survey No. 14672.
Tract 4
That portion of the Southwest Quarter of Section 2, Township 28, Range 22 West, P.M.M.,
Flathead County, Montana, described as follows:
Beginning at the Southwest corner of the Northeast Quarter of the Southwest Quarter of
the Southeast Quarter of said Section 2, which point is also the Northeast corner of that
parcel described in instrument recorded in Book 515, page 800, records of Flathead County,
Montana; thence along the east Line of the Northeast Quarter of the Southwest Quarter of
the Southeast Quarter North 00°43'00" East, a distance of 179.00 feet to a point; thence
West, a distance of 326.13 feet to a point; thence South 01°10'40" West, a distance of 179.02
feet to the South line of the Northeast Quarter of the Southwest Quarter of the Southeast
Quarter; thence along the South line of the Northeast Quarter of the Southwest Quarter of
the Southeast Quarter, also being the North line and its Westerly projection of the aforesaid
parcel, East, a distance of 327.57 feet to the Point of Beginning.
Shown as Parcel A of Certificate of Survey No. 6127.
Pt.ANNING FOR -THE FUTURE MU.11tT"A
City of Kalispell Planning Department
Attn: Nicole Johnson
201 1st Avenue East
Kalispell, MT 59901
RE: De -annexation request for Bay Ridge Estates
To Whom It May Concern:
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
-*"vw.ka1ispel1.com/p1annjHg
Please de -annex the property listed below (check one box) associated with the Bay Ridge
Estates development.
537 Three Mile Drive, Kalispell, MT 59901 (Tract iBDA located in Section 2,
Township 28, North, Range 22 West, P.M.M., Flathead County, Montana)
❑ 541 Three Mile Drive, Kalispell, MT 59901 (Tract 1BD located in Section 2,
Township 28, North, Range 22 West, P.M.M., Flathead County, Montana)
❑ 543 Three Mile Drive, Kalispell, MT 59901 (Tract 1B located in Section 2, Township
28, North, Range 22 West, P.M.M., Flathead County, Montana)
❑ 545 Three Mile Drive, Kalispell, MT 59901 (Tract 1BF located in Section 2,
Township 28, North, Range 22 West, P.M.M., Flathead County, Montana)
Legal property owner signature
005/�eOv"',
Date
fflHloll
Date
PLANNING FQRTHE FUTURE C%AT"A
City of Kalispell Planning Department
Attn: Nicole Johnson
201 1st Avenue East
Kalispell, MT 59901
RE: De -annexation request for Bay Ridge Estates
To Whom It May Concern:
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
[ ICE E � V E
DD
p Q
M t l PL PLANNING DEPARTMENT
Please de -annex the property listed below (check one box) associated with the Bay Ridge
Estates development.
❑ 537 Three Mile Drive, Kalispell, MT 59901 (Tract 1BDA located in Section 2,
Township 28, North, Range 22 West, P.M.M., Flathead County, Montana)
❑ 541 Three Mile Drive, Kalispell, MT 59901 (Tract 1BD located in Section 2,
Township 28, North, Range 22 West, P.M.M., Flathead County, Montana)
/X 543 Three Mile Drive, Kalispell, MT 59901 (Tract 1B located in Section 2, Township
28, North, Range 22 West, P.M.M., Flathead County, Montana)
❑ 545 Three Mile Drive, Kalispell, MT 59901 (Tract 1BF located in Section 2,
Township 28, North, Range 22 West, P.M.M., Flathead County, Montana)
Legal property owner signaj�afe Date/
3 Le t?
Legal property owner signature Date
PLANNING FOR THE Fli€URI:
Mti1"1�'".ANA
City of Kalispell Planning Department
Attn: Nicole Johnson
201 1st Avenue East
Kalispell, MT 59901
RE: De -annexation request for Bay Ridge Estates
To Whom It May Concern:
Planning Department
201 15t Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Tax: (406) 758-7739
www.kalispell.com/plannin-g
s�P 15 zoos 0
KALISPELL PLANNING DEPARTMENT
Please de -annex the property listed below (check one box) associated with the Bay Ridge
Estates development.
❑ 537 Three Mile Drive, Kalispell, MT 59901 (Tract 1BDA located in Section 2,
Township 28, North, Range 22 West, P.M.M., Flathead County, Montana)
541 Three Mile Drive, Kalispell, MT 59901 (Tract 1BD located in Section 2,
Township 28, North, Range 22 West, P.M.M., Flathead County, Montana)
❑ 543 Three Mile Drive, Kalispell, MT 59901 (Tract 113 located in Section 2, Township
28, North, Range 22 West, P.M.M., Flathead County, Montana)
❑ 545 Three Mile Drive, Kalispell, MT 59901 (Tract 1 BF located in Section 2,
Township 28, North, Range 22 West, P.M.M., Flathead County, Montana)
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SHARPE/VAN ALLEN/EGAN
A REQUEST FOR DE -ANNEXATION OF APPROXIMATELY 18.8
ACRES OF LAND PREVIOUSLY PART OF THE FORMER BAY RIDGE
ESTATES. THE PROPERTY WILL REVERT BACK TO THE COUNTY
SAG-5 & AG-80 ZONING.
PLAT DATE 9/17/08
FILE # KA — 0'7 — 0 8 H:\&q\atie\ka07_..08.dwg