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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) Cl. unty • o AG-2 I/ 7 s 7 i OF 3A 3 „ a 4A 14 is ' t ! r _ n 1 [ 4n R n ffi R I 1 ! �34 µ _ AG480 7 tl O R7 K q 77 _. oun - .n� ~ py 4 4 4 14 5 7 AJIFA A}W f f a 7 VICINITY MAR SCALE 1" = 8000 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