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5. Ordinance 1647 - Zoning - Wholly Surrounded Properties - 2nd ReadingREPORT TO: Kalispell Mayor and City Council FROM** PJ Sorensen, Planner II Jaynes H. Patrick, City Manager SUBJECT Annexation of wholly Surrounded Areas / Initial Zoning MEETING DATE: October 20, 2008 (Second Reading) BACKGROUND: This is the second reading on a request for initial zoning designations for six wholly surrounded areas which were previously considered by the City Council for annexation at the August 18, 2008, meeting. Resolution. 5293 annexed the properties effective on December 15, 2008. The speck areas are listed below (the numbers used follow the numbering used by the Council when discussing all wholly surrounded areas). Area 2: Approximately .15 acres located at the corner of Highway 93 and Four Mile Drive (Tract 2XBA). The proposed zoning designation is P-1 (Public). Owner: Montana Dept. of Transportation Area 3: A.pproximately .3 acres located at the west end of Indian Trail (Tract 3CA and Tract 2DCA). The proosed zoning designation is R-3 Urban Single Famil Residential} , which matches the surrounding properties. Owner: Flathead County Area 4: Approximately .02 acres located in the northwest corner of Lot I. Block 14, Northridge Heights 5 (Hilltop Avenue) . The vroposed zoning designation is R-3 Urban. Sin le Family Residential , which matches the remainder of the lot. Owners: Craig and Charmalee Drew Area 6: Approximately .01 acres located south of Northridge Drive (Tract 2Z). The proposed zoning desigLiation is R--3 Urban Single Fami1v residential , which matches the surrounding properties. Owner: Linda Cloutier Area 7: Approximately .04 acres located near the corner of Northridge Drive and Hilltop Avenue (Tract 2M) . The proposed zoning desi ation is R--3 Urban Single Family R.esidentialI, which matches the surrounding properties. Owners: Chris and Marcie West Area 10: Approximately .33 acres in the Buffalo Hills Golf Course (Tract SACA). The proposed zoning designation is P-1 (Public),, which matches the remainder of the property. Owner: Kalispell Golf Association The Kalispell City Council approved the first reading of the ordinance at their regular meeting of October 6, 2008. 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, PJ Sorensen F arena s H . Patrick Planner II City Manager Report compiled: October 10, 2008 c: Theresa white, Kalispell City Clerk ORDINANCE NO, 1647 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, ([ORDINANCE NO. 1464), 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 August 18, 2008, the City of Kalispell passed Resolution 5293, 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-08-06, 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 % 2008, 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-08-06. Now THEREFORE, BE I'T' 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 December 15, 2008. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF OCTOBER, 2008. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT "A" Southwest Corner of Four Mile Drive and US 93 --- Approximately .13 acres Owner -- State of Montana ZoningDesignation. City P-1 Public A tract of land located in Section 1, Township 28 North, Range 22 West, Principal Meridian Montana, Flathead County, Montana and more particularly described as Tract 2XBA in Government Lot 1 with Assessor Number E004095 records of Flathead County, Montana. Highway 93 and. Indian 'Trail Owner — Flathead County Zoning Designation: Cit R-3 Urban Single Famill Residential A tract of land located in Section G, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana Lot 3 & 4 and more particularly described as Tract 3CA with Assessor Number E003000 records of Flathead County, Montana Also A tract of land located in Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana Lot 1 and more particularly described as Tract 2DCA with Assessor Number E003000 records of Flathead County, Montana. Portion of Lot l Block 14 of Northridge Heights 5 -- Approximately .01 acres Owner — Craig & Charmalee Drew Zoning Desi nation: City R-3 rban Single Family Residential A tract of land located in Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as that Northwest Triangle Northridge Heights Section 5 of Amended Lot 1 in Block 14 with Assessor Number 0001072 records of Flathead County, Montana. Parcel Near Northridge Drive — Approximately .01 acres Owner — Linda M. Cloutier Zoning Designation: Cit R-3 Urban Single Family Residential A tract of land located in the Sw1/4NF1/4 of Section 1, Township 28 North, Range 22 west, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 2Z with Assessor Number 0974513 records of Flathead County, Montana. Parcel Near Northridge Drive and Hilltop Avenue — Approximately .03 acres Owner - Chris & Marcie west Zoning Designation: City R-3 Urban Single Family Residential A tract of land located in the Sw1/4NFI/4 of Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 2M with Assessor Number 0360736 records of Flathead County, Montana. Parcel Located in Buffalo Hills Golf Course Owner — Kalispell Golf Association Zoning Designation: City P-1 Public A tract of land located in Section 6, Township 28 North, Range 21 west, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 5ACA in Lot 12 with Assessor Number 0428005 records of Flathead County, Montana.