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.