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12. Resolution 4959 - Annexation - City of KalispellREPORT TO: FROM: SUBJECT Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityCmcenturytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager City of Kalispell - Initial Zoning Upon Annexation of RA-1, Low Density Residential Apartment, West of First Ave West MEETING DATE: December 6, 2004 BACKGROUND: This is a request by the City of Kalispell for an initial zoning designation on approximately 8.23 acres City -owned property proposed for annexation is located south of Rawson. Field and west of First Avenue West. This is City -owned property that is currently the County and contiguous to the city limits. It is used by the City primarily as a storage area for composting material and as a passive park area. It is currently in the County zoning jurisdiction and is zoned R-5, Two Family Residential. Staff recommended initial zoning of City P-1, Public, which is consistent with the zoning of the ballfields to the north and consistent with City plans. At the public hearing no one spoke in favor or in opposition to the proposal. The Kalispell Planning Board held a public hearing on November 9, 2004. After the public hearing the board discussed the request. There was discussion regarding the potential use of this portion or a portion of the property for a City sponsored affordable housing project. The planning board generally agreed that a more appropriate designation that would allow greater flexibility in the future would be a zoning designation of RA-1, Low Density Residential Apartment. A motion and passed unanimously to forward a recommendation to the city council that the property should be zoned RA-1 upon annexation to the city. RECOMMENDATION: A motion to adopt the first reading of the ordinance for RA-1 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson James H. Patrick Senior Planner City Manager Report compiled: November 24, 2004 Providing Community Planning Assistance To: City of Kalispell • City of Whitefish • City of Columbia Falls City of Kalispell Annexation and Initial Zoning November 24, 2004 Page 2 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KA-04-16 and application materials Draft minutes from 11/9/04 planning board meeting TRANSMIT\KALISPEI. \ 2004 \KA04- I6MEMO RESOLUTION NO.4959 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS 16TH STREET WEST ADDITION NO.355, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on October 4, 2004, the City Council passed Resolution No. 4940 declaring an intention to annex contiguous platted tracts of land and unplatted land that have been surveyed and for which certificates of survey have been filed, which is more particularly described in Exhibit "A", attached hereto and thereby made a part hereof, pursuant to the provisions of Title 7, Chapter 2, fart 44 Montana Code Annotated (Annexation of Contiguous Government Land); and WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by publishing such notice on November 15 and. November 22, 2004, as provided in MCA 7-1-4127; and WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the City Council for Council consideration, zero (0) "Protest/Disapproval" letters regarding the proposed extension of the boundaries of said City, and WHEREAS, on November 6th, 1995, the City Council adopted, pursuant to Section 7-2-4305, MCA, an Extension of Services Plan which anticipates development of City services for approximately five years in the future, and WHEREAS, said "Extension of Services Plan" provides for financing the municipal services and maintenance of existing services by utilizing funds allocated and expended pursuant to the annual City budget without incurring additional bonded indebtedness, and WHEREAS, the Tri-City Planning Office has made an Annexation and Zoning Staff Report, No. KA-04-16, on the annexation/zoning of the property dated November 1, 2004, and WHEREAS, said real property described in Exhibit "A" is included within and conforms with the Kalispell Growth Policy 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That all of the real property as is more particularly described in Exhibit "A", attached hereto, shall be annexed to the City of Kalispell and the boundaries of the City are altered to so provide. SECTION H. Upon the effective date of this Resolution, the City Clerk is directed to make and certify, under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and said territory and its citizens and property shall be to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned pursuant to, and in accordance with, the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall become 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 6TH DAY OF DECEMBER, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" 215 16Tn Street W Parcel A — Tract 8Y A tract of land in the SE1/4 SE1/4 of Section 18, Township 28 North, Range 21 West, P. M.,M., Flathead County, Montana, described as follows: Commencing at the southeast corner of said Section 18; thence S88°04'55"W along the south boundary of the SE1/4 of said Section 18 a distance of 688.95 feet to the southeast corner of a Tract of land shown and described on Deed Exhibit Book 518, page 729, records of Flathead County, said corner being the TRUE POINT OF BEGINNING of the tract of land. herein described; thence along the boundaries of said Deed Exhibit the following courses: S88°04'55"W 538.97 feet; N08030'00"E 105.84 feet; N38°00'00"W 69.32 feet; N00° 13'26"E 257.42 feet; N89°02'01 "E 35.00 feet; N00°1326"E 310.00 feet; N88°21'49"E 174.99 feet; S00°56'45"W 121.00 feet; N88°21'49"E 360.00 feet; S00°56'45"W 202.70 feet; N88°29'01"E 338.91 feet; S02°28'07"E 20.00 feet; S88029'01"W 340.11 feet; S00°56'45"W 132.45 feet; S00112151"E 248.46 feet to the point of beginning containing 8.229 acres more or less, being subject to and together with all appurtenant easements of record. Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricitvA,ceutu rvtel.net www.tricitypianning-mt.com November 24, 2004 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: City of Kalispell -- Initial. Zoning Upon Annexation of RA- 1, Low Density Residential Apartment, West of First Ave West Dear Jim: The Kalispell City Planning Board met on November 9, 2004, and held a public hearing to consider a request by the City of Kalispell for an initial zoning designation on approximately 8.23 acres. The property proposed for annexation is located south of Rawson Field and west of First Avenue West. This is City -owned property that is currently in the County and contiguous to the city limits. It is used as part of the City's composting management program and as a passive park area. It is not intended for further development at this time and a portion of it lies in the 100 year floodplain. It is currently zoned County R-5, Two Family Residential. Narda Wilson of the Tri-City Planning Office presented staff report KA-04-16 evaluating the proposed zoning. Staff recommended initial zoning of City P-1, Public, which is consistent with the zoning of the ballfields to the north and consistent with City plans. At the public hearing no one spoke in favor or in opposition to the proposal. After the public hearing the board discussed the request. There was discussion regarding the potential use of this portion or a portion of the property for a City sponsored affordable housing project. The planning board generally agreed that a more appropriate designation that would allow greater flexibility in the future would be a zoning designation. of RA -I, Low Density Residential Apartment. A motion and passed unanimously to forward a recommendation to the city council that the property should be zoned RA-1 upon annexation to the city. Please schedule this matter for the December 6, 2004 regular Kalispell City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: City of Columbia Fails • City of Kalispell • City of Whitefish City of Kalispell Annexation and Initial Zoning November 24, 2004 Page 2 Attachments: Petition to annex (original) Exhibit A - legal description Staff report KA-04-16 and application materials Draft minutes 11 /9/04 planning board meeting c w/ Att., Theresa White, Kalispell City Clerk TRANSMIT/ KALI SPELL/ 2004 / KA04-16 CITY OF KALISPELL REQUEST FOR INITIAL ZONING OF P-1 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-04-16 NOVEMBER 1, 2004 A report to the Kalispell City Planning Board and the Kalispell City Council regarding annexation and an initial zoning designation of P-1 upon annexation to the city of Kalispell. A public hearing has been scheduled before the Kalispell City Planning Board and Zoning Commission for November 9, 2004 beginning at 7:00 PM, to consider appropriate zoning for the area property to be annexed. The planning board will forward a recommendation for appropriate zoning to the Kalispell City Council for consideration. BACKGROUND INFORMATION The applicant has petitioned for annexation and an initial zoning designation of R-4, a Two-Familv Residential district, on approximately 8.23 acres This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Interim. Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4401 through 7-2--4410, M.C.A., Annexation of Contiguous Government Land. The public hearing held before the planning board satisfies the requirement for a public hearing as outlined in the statutes. This City -owned property is adjacent to the Kalispell city limits and is currently in the county. It is timely and appropriate that this property should be brought into the city. The City has no plans to develop this property. In the past it has been operated and maintained as a passive park area as well as a stockpiling area for leaves, composting, mulch and other debris the City collects as part of their regular maintenance program. The operation and maintenance of this property as a park and material stockpiling area will continue after the property has been annexed_ A. Petitioner / Owner: Frank Garner, Interim City Manager Pati Heath, Assistant to the City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 (406) 758-7701 R. Location and Legal Description of Property: The property proposed for annexation and the initial zoning request is located south of Rawson Filed and west of First Avenue West. It can be described as Assessors Tract 8Y in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Ezdsting Zoning: The property proposed for annexation is in the West Side County zoning jurisdiction and is currently zoned R-5, Two Family Residential. This district is defined. as "A district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Duplexes are allowed in this district." The minimum lot size requirement of the County R-5 Zoning district is 5; ?00 square feet. It allows jingle Gamily and duplex dwellings as permitted uses, but does not allow non-residential uses such as offices in this district. D. Proposed Zoning: The proposed P-1, Public, which is described as "A public district to provide and reserve areas for public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety and general welfare. Such public uses would include schools, public buildings, parks and open spaces, etc." The minimum lot size requirement of this district is 7,000 square feet and it allows a number of public uses including parks and governmental offices and facilities. E. Size: The area proposed for annexation and zoning contains approximately 8.23 acres. F. Existing Land Use: The property proposed for annexation is currently undeveloped. The City of Kalispell has been using this as a park and City maintenance area. This area is in the 100 and 500 year floodplain and has limited use and development potential. The City will coza.tanue to use this property as a passive park and maintenance area for City facilities. G. Adjacent Land Uses and Zoning: The land use in the area is primarily single- family residential along with some duplex homes. H. General Land Use Character: The general land use character of this area can be described as primarily residential with a mix of duplex and single family homes. This area can also be described as being within the urban core of Kalispell. Some of the surrounding property has not been developed because of Ashley Creek and associated floodplain. Rawson Field lies directly to the north of this property and used by the school district for a number of athletic activities. 1. Utilities and Public Services: Although this property will not be developed, all public services and facilities could be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C-A, Findings of fact for the zone change request are discussed relative to the itemized criteria described by 7 6-2-203, M.C.A. 1. Does the requested zone comply with the growth policy? The property is designated by the Kalispell Growth Policy future land use map as "Urban Residential" which anticipates residential development with a density of between four to 12 dwelling units per acre. Because of the location of the 100 year floodplain on the site, the proposed P-1 zoning designation is consistent with the type of development that would be anticipated for this area. The P-1 zoning has a minimum lot size requirement of 7,000 square feet and allows a number of public uses and facilities as permitted and conditionally permitted uses. This same zoning designation has been applied to the Rawson Field properties to the north. The proposed zoning is in compliance with the anticipated land use for the area which would anticipate the property to continue to be used for a park and maintenance area for the City. 2. is the requested zone designed to lessen congestion in the streets? Should the property be developed at some point in the future, all new infrastructure and buildings would be constructed to City standards. Traffic in the area will increase insignificantly. The requested zoning designation will not have any impact on the congestion in the streets in the area. The type of use that is anticipated to occur is consistent with the available road infrastructure in the area. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. Any construction will be required to be in compliance with the building safety codes of the City which relate to fire, floodplain and public safety. All municipal services including police and fire protection, water and sewer service are available to the area and would be extended as part of the development of this property at some point in the future. 4. will the requested zone romote the health and eneral welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and providing a place for new housing in the community. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for any development that might occur on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will she requested zone -ore vent the overcrowding of land? As pre-6ousiy noted this area Has been anticipated for urban residential deveiopment but the proximity of the '1100 year tloodDlain on the site make it unlikely and inappropriate or any mtensiveVdevelopmcrzt )r use. The proposed P- l zoning will limit the types and intensity of uses that would be anticipated or permitted on the property. Because of the zoning and physical constraints of the property; any future development of the site would not result in the overcrowding of land. 7. Will the requested zone avoid undue concentration of people? The allowable uses for this property will change as a result of annexation which is currently zoned for single-family homes and duplexes, but the resultant change will be more restrictive. Minimum lot standards and use standards, the floodplain regulations and subdivision development standards will avoid the undue concentration of people should this property be developed. S. Will the requested zone facilitate the ade uate 1provision of transportation, water, sewerage, schools. parks. and other public requirements? All public services and facilities are currently available or can be provided to the property. The limited use of this property will not have an impact on the City with regard to services and facilities and will not change the impacts to the area. 9. Does the requested zone give consideration to the particular suitability of the ro erty for particular uses? The proposed P-1 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district since the 100 year floodplain significantly restricts the type and intensity of uses that would be allowed on the site. 10. Does the requested zone ve reasonable consideration to the character of the Hi -,tri r t? The general character of the area is urban sized lots for residential development on City sewer and lower density development where development has been restricted because of the 100 year floodplain in the immediate area. Rawson Field is zoned P-1 and is in the 500 year floodplain. The proposed zoning designation and anticipated future land uses will be consistent with the character of the neighborhood. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the P- l zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encourage the most appropriate useofthe land throughout the municipali? The proposed ?-1 zoning will limit the type and intensity of uses allowed on the properly that would be appropriate to those uses for area in and around the 100 Sear ` oodr,'ain. s�ile r li inns long he ?.veste A DGlhnClar'' f '11S pr^aperL and the property is delineated as being partially in the 100 and 500 year floodplain.. The zoning will encourage the most appropriate use of land and the land use wiH continue to be maintained as a park anal maintenance area by the City. RECOMMENDATION: It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-04-16 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be P-1, Public. REPORTS \KALISPLL\04\KAo4-16 NW city of Kalispell POSE Offlice .Box 11997 - Kalispell; Niontana 59903-19977 - Telephone (406)758-7700 Fax (406)758-7758 October 5, 2004 Narda Wilson Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, MT 59901 Bear Ms. Wilson: RECEIVED OCT _o PIANMING OFFICE At its regular meeting on October 4, 2004, the Kalispell City Council passed a Resolution of Intent to Annex the City owned property at 2I5 16"' Street West_ Attached are the Petition .For Annexation and Initial Zoning and the appropriate attachments, which includes the legal description of the property to be annexed. I have also enclosed a copy of the memo provided to Council and Resolution 4940 the Resolution of Intent to Annex. Please place the request for the above -mentioned property before the Kalispell City Planning Board and Zoning Commission. If you need additional information, please do not hesitate to call Pati Heath or myself. Thank you for all of your help. k Sincerely, Frank arner Interim City Manager Attachments: Resolution No. 4940, Resolution of Intent to Annex Council Memo dated October 4. 2004 Petition For Annexation and Initial Zoning Petition To Annex and Notice of Withdrawal From Rural Fire District Maps List of Neighbors (Exhibit A -Legal Description.) Certificate of Survey No. 12551 Tr i-City Planning Office 17 Second St East, Suite 211 Kalispell, TNiT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR A-�"E,XATION ND .VITI-�L iON-1-4G CITY OF K-kLISPELL NNA-ME. OF APPLICAN T : d' r TV 6F Ni UUL ADDRESS: /- e?- 'Fox, /'ff 7 CITY/STATE/ZIP: PHONE: INTEREST IN PROPERTY: iA ? K, Other Parties of Interest to be Notified: f45.57 i 0 Tr�L PARTIES OF INTEREST: � ,eAA � �f 'ck 11V1i`9-e1 -1 di rW /;4 ? 1"i 7-1 'i q f� a NIAM ADDRESS: O, BOX 1 7 CIT'1STATE.�ZIP:� 1��r5�� a r1Gi ��r�3 �PHOiVE.7��-77c13 7S�'-77?� INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the property: /6 f/7- �T 0) _-- Legal Description: S 1116y/ y ` !�� -yy (Lot and Block of Subdivision: Tract 4) (Section, Township, Range) (attach metes and bounds as .Exhibit A) Land in project (ac) 2 � �-e The present zoning of the above property is: The proposed zoning of the above property is:i � State the changed or changing conditions that make the proposed amcndmeriT necessary: /441/ 1 r`. `L f "fire signin+.? of -this application significs that the ioregoinu information is true and accurate based upon the "lest information avallabI4 and qu-t let ,rants anoroval for Trl'C-ftjt Plann.iti- staff ro "be ,)resent an die xoi)eiry br r0ut ;iSTn Coon darin.,r he �nn�.>>aI2�11 pracess. FC�cnL 1 i tae 7 PETITION TO AN1NE.X AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610; M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the 7 Rural Fire District under the provisions of Section 7-33-' 127, Montana Code Annotated: and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This Citv hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minim€.nn f 'nears from date of annexation. Pet` io.ne /owner Date Petitioner/Owner Date Please return this petition to: T.I i-Cite Plannin- Office 17 2"d St East, Suite 211 Kalispell iVIT 59901 NOTE_ You must attach an .i �iibit A that provides a bona fide legal description of the property to be annexed that has been reviewed and certified by the Flathead Count-° 1"lat Room. STATE OF MONTANA ) : ss County of Flathead County On this 'day of 7 before me, the undersigned. a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/site executed the saute. ESS WHEREOF, I have hereunto set my hand and affixed iffy Notary Seal the day and 4 ita,t is certificate first above written. Notary Public, State of Montana Residing at & 4 My Commission expires: (; STATE - OF MONTANA } ss County of Flathead County On this day of before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I Have hereunto set nay hand and affixed =try Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: Ott this day of , before one, the undersigned, a Notary Public for The State of Montana, personally appeared and , the and respectively, of the corporation that executed the foregoing), instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary i ubiic. State of Montana Residing at iMv Commission expires EXHIBIT A CITY OF KALISPELL ANNEXATION AND INITIAL ZONING OF RA -I. SOUTH OF RAWSON FIELD AND WEST OF FIRST AVENUE WEST LEGAL DESCRIPTION 215 16ra Sta eet W Parcel A — Tract 8Y A ,tact of land in the SE1 `4 SEU4 of Section 18, Township 28 North, Range 21 West, P. fir., Flathead County. i�Zontana, described as follows: Commencing at the southeast corner of said Section IS; thence SS8 °04'55"W along the south boundary of the SE 1,4 of said Section 18 a distance of 688.95 feet to the southeast corner of a Tract of land shown and described on Deed Exhibit Book 513, page 729, records of Flathead County, said corner being the TRUE POINT OF BEGINN NG of the tract of land herein described; thence along the boundaries of said Deed Exhibit the following courses- S88°04'55"W 538.9. feet; N08°30'00"E 105.84 feet; N38°00'00"W 69.32 feet; N00° l3'26"E -257.42 feet; N89002'01"E 35.00 feet; N00013'26"E 3 10. 00 feet; N8Sol 1'49"E 174.99 feet; SOO"56'45"W 121.00 feet; N8802l'49"E 360.00 feet; S00056'45"W 202.70 feet; N88°29'01"E 338.91 feet; S02O28'07E 20.00 feet; S88029'01"W 340.11 feet; S00°56'45"W 132.45 feet; SOO°21'51"E 248.46 feet to the point of beginning containing 8.229 acres more or less, being subject to and together with all appurtenant easements of record. RESOLUTION NO.4940 A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 44, M.C.A. (ANNEXATION OF CONTIGUOUS GOVERNMENT LAND), COMPRISING PLATTED TRACTS OF LAND AND UNPLATTED LAND THAT HAS BEEN SVRVEYED FOR WHICH CERTIFICATES OF SURVEY HAVE BEEN FILED, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS 16TH STREET WEST ADDITION NO.35S, DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING. WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof, that the contiguous platted tracts and unplatted land that have been surveyed and for which certificates of survey have been filed, as required by lave, encompassed in Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof, be annexed to the City of Kalispell, so that the boundaries of the City of Kalispell would be extended so as to include the same within the corporate limits of the City, to zone said property in accordance with the Kalispell Zoning Ordinance, Ordinance No. 1460, as amended; and WHEREAS, the City of Kalispell desires to annex the property to the City limits under the provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated (Annexation of Contiguous Government Land); and WHEREAS, on the 6th day of November, 1995, the City Council adopted, pursuant to Title 7, Chapter 2, Part 47 Montana Code Annotated, an Extension of Services Plan which anticipated development of City services an five years in the future, said Plan being amended on the 1st day of March, 1999, and WHEREAS, the City Council shall, prior to annexing said property, cause to be developed an Extension of Services plan for the territory described in Exhibit "A", and proposed by this Resolution to be annexed, and WHEREAS, the Kalispell City Planning Board and Zoning Commission shall on the 9th day of November, 2004, hold a Public Hearing, pursuant to 27.03.010, Kalispell Zoning Ordinance, to recommend zoning for the territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS. SECTION 1. That it is the intention of the City of Kalispell that certain territory described in Exhibit "A", be embraced within the corporate limits of the City and the boundaries of the City be so extended so as to include the same. SECTION 11. That it is further the intention of the City of Kalispell that said property described in Exhibit "A" be zoned in accordance with the Kalispell Zoning Ordinance, Ordinance No. 1460, as amended. SECTION 111. The City Clerk shall forthwith prepare and publish in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana., proper notice of this Resolution of Intention at least once a week for two successive weeks. SECTION IV, For a period of twenty days after the first publication of said notice by the City Clerk, said City Clerk will receive expressions in writing of the approval or disapproval of the proposed extension of the boundaries of said City of Kalispell. SECTION V. At the regularly scheduled meeting of the City Council of the City of Kalispell, the City Clerk shall forward all written communication received by said Clerk for Council's consideration. SECTION V1. The City Council, after considering all written communication, may adopt a resolution approving the annexation and the boundaries of the City shall thereby be extended to include the property described in Exhibit "A". PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF OCTOBER, 2004. Attest: Theresa White City Clerk EXHIBIT "A" 215 16T" Street W Parcel A — Tract 8Y A tract of land in the SE114 SE1l4 of Section 18, Township 28 North, Range 21 West, P. M.,M., Flathead County, Montana, described as follows: Commencing at the southeast corner of said Section 18; thence S88004'55"W along the south boundary of the SElf4 of said Section IS a distance of 688.95 feet to the southeast corner of a Tract of land shown and described on Deed Exhibit Book 518, page 729, records of Flathead County, said corner being the TRUE POINT OF BEGINNING of the tract of land herein described; thence along the boundaries of said Deed Exhibit the following courses: S88°04'55"W 538.97 feet; N08030'00"E 105.84 feet; N38°00'00"W 69.32 feet; N00013'26"E 257.42 feet; N89°02'01"E 35.00 feet. N0093'26"E 310.00 feet; N88°21'49"E 174.99 feet; S00°56'45"W 121.00 feet; N88021'49"E 360.00 feet; S00056'45"W 202.70 feet; N88°29'01"E 338.91 feet; S02°28'07"E 20.00 feet; S88029'01"W 340.11 feet; S00°56'45"W 132.45 feet; S001)21'51"E 248.46 feet to the point of beginning containing 8.229 acres more or less, being subject to and together with all appurtenant easements of record. L'7 4 7 5A SubJect Property J3 �.MF7 14DA J 14D ic Ci 14CA I F ICA 7:8 9:10 o 1H 1K 25 24 P-6 27 14CAA 1F VICINITY MAP ITVL OF KALI'K:S�PELL - WEST OF ISM' AVENUE W E'�� ED 7" T T REQUEST Fc-')"R ANNEXAT!ON AND I NJTTAI ZON N" '-"-F P-1 P T T TCrr 7ROM ID -1 S T R COUNTY R-5 B LIC �LOT DATE: E0/13/04 TCPO CERTIFICATION APPLICANT: City of Kalispell I, the undersigned certify that I did this date mail via first class wail a copy of the attached notice to the following list of landowners adjoining the property limes of the property that is reques, Date: S-T-R: 18-28-21 Lot/Tracts# Parcel 1: Tract 8Y Property Owner/Mail .Address: City of Kalispell P.O. Box 1997 Kalispell, MT 59901 City of Kalispell Flathead County P.O. Box 1997 800 South Main Kalispell, MT 59901 Kalispell, MT 59901 Array Chute, Etal Linda & Frank Cusick, Cara Boka, 750 Spruce Mtn. Road Tammy Gustafson, Debbie Smithlin. Columbia Falls, MT 59912 1405 — 4"' Avenue, West Kalispell, MT 59901 Woodrow & Anna Miller Bolz Living Trust 558 Somers Stage P.O. Box 1096 Kalispell, MT 59901 Lakeside, MT 59922 D. Joseph & Brenda Clark Eric Daniels P.O. Box 418 P.O. Box 517 Somers, MT 59932 Whitefish, MT 59937 Donald Peterson Alice Joyce Bary 343 _ 3T" Avenue, West 1401 �- 4`�' Avenue, West Kalispell, MT 59901 Kalispell, MT 59901 Flathead County School :District 5 233 -- I" Avenue, Fast Kalispell, MT 59901 Charles E. Otto 1849 North Belmar Kalispell, MT 59901. Richard & Kathy Mermes William Collins 1544 Airport .Road Kalispell, MT 59901 Phillip & Patricia Battaglia 335 Poster Lane Whitefish,_ MT 59937 Independent Consultants, Inc. 1507 — I't Avenue, West, Ste A Kalispell, MT 59901 ` ri-City Planning Office 17 Second Street East -Suite 211 Y"ilis}pell, Montana 59901 Phone: j406) 751-1850 Fax: (406) 751-1858 tricit3L(T-.centu; tel.net www.tricityplanning-mt.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION The regular meeting of the Kalispell City Planning Board and Zoning Corranission is scheduled for Tuesday, November 9,. 2004 beginning at 7:00 P391JI: in the Kalispell. City Council Chambers, Kalispell City Hall, 312 First Avenue East, and Kalispell. The planning board will hold a public bearing and take public corn ernts on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take fi n al action.. I . A request by Murcon Development, Inc. for preliminary plat approval of Lot 3 of Daley Field Subdivision, a 7 lot commercial subdivision on approximately 7.41 acres. The developer is proposing seven commercial lots located on the west side of Hwy 93 South at its intersection with Kelly Road. All lots would be accessed via an internal subdivision road. 2. A request by Douglas Johnson for an initial zoning designation of R-2, Urban Single residential, with a Planned Unit Development (PUD) overlay upon annexation to the city of Kalispell on approximately 20 acres. The property is located wrest of the southwest corner of Three Mile Drive and Stillwater Road. In conjunction with the annexation and proposed PUD zoning designation, a subdivision has been filed to be known as Aspen Creek that proposes a total of 66 lots that would consist of 24 single-family lots and 42 two -unit townhouses. This property is currently in the County zoning jurisdiction and is zoned AG-80, an Agricultural zoning district.. 3. A request for Douglas .Johnson for preliminary plat approval of Aspen Creep, a 66 lot residential subdivision on approximately 20 acres. As proposed there would be 24 lots for single-fanaiiy homes and 42 two -unit townhouse lots. A request for annexation and an initial zoning desigrnation. of R-2, / PUD has been filed concurrently with the subdivision request. 4. A request by the City of Kalispell for an initial zoning designation of R--4, T-,xro Family, upon annexation to the city of Kalispell on approximately 1.69 acres of City ow ed pro-nerty. The property is located at the northern terminus of Western Drive west of 7th Avenue East. The property is currently in the County zoning jurisdiction and is zoned R- I , Suburban. Residential. This fulfills notice and public bearing requirements of the City of Kalispell winder the state statutes. Providing Community Planning Assistance 0— A City of Columbia is Falls - City of Ka.lispe - City of "Whitefisia 3 Ka_FsucL Scard pilt7Licno Ely pa-e _ a re^uest bye City cf KalzspeL for an initial zon_.ing designation. of I-1, bight Indust ial, upch ,ar n at_on to the city of KaHsp e?I Oil apprci=- a,tel,7 6.34 acres of Civj- owned prc-cert-r_ The property is located merest of the Kalisp(tll City ,A-rpor r?znway arrd east of the isa spell wastewater treatment faciHt, . T'ne property is cuzlently in the Cc;unty zoning jurisdictan and is zoned 1-1, Light industrial_ Tnis fulfills notica and public heariz g rec re .emits of the City of Kalis-aeli under tide state Statutes_ 6. A request by the City- of Kalispell for an initial zoning designation of P-1, Public, upon arneiation to the city, of Kalispell on appro.,�-,mately 8-23- acres. The T)roptr1L V is located south of Rawson Field and west of First avenue West. The properL-r is currently in the- County zcn-ing jurisdiction and is zoned R-S, Two Family Resi,dentiai. This ful.filla notice and public hearing requirements of the City of Kalisvell under the state statutes. Documents pertaining to these agenda items are can file for public inspection at the Tri-City Planning Office; 17 Second Street Fast, Suite 211, Kalispell, ldT 59901, and are available 3or public re-Aew during regular office hours. Interested persons are encouraged to attend the hearing and ra.ake their views and con.ce,-3a3 known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, pi-Jor to the date of the hea-Hing, or you may contact Narda Wilson., Senior Manner at (406) 751-1850 or e-mail at =citvnardativ'ce.-itur,Ttel.nee- for additional information_ Sincerely, Narda A. Wilson. Senior Planner ZGALS ' IKALISPELL" 20041. i 9PHNOTiCE,IDGC No.8709 NOTICE OF PUBLIC NEARING KALISPEL L CITY PLANNING BOARD AND ZONING COm ilS ION , vember 9, 2004 The regular meeting of the Kaiisceil City Fan- ning 3oard and Zoning Co-nrnission is scl�ed- ulea for Tuesday, NO- vember 9, 2004 begin_ ring at 7�00 PM in the Kalispell City Council Chambers, Kalispell City Mall. 312 First Ave- nue Fast. Kalispell. The planning board will ;gold a public hearing and take public comments on the following agenda items. The Board will make a recornmenda- ion to the Kalispell City Council �,vno will take fi- ai action. 1 - A request by Mur- con Deveiciament. root for preliminary plat ap- proval of Lot 3 of Daley Field Subdivision, a 7 lot commercial subdivision on approximately 7.41 acres. The developer is proposing seven com- merclai lots located on the west side of Hwv 93 South at its intersection with Kelly Road. Ali lots would be accessed via an internal subdivision road. The property can v described as Lot 3 of Daley Pieid Subdivision in ;Section 20. Township 'S North, Range 21 Nest, P_M,M.. Flathead County, Montana. 2 A request by Doug- las Johnson for an initial zoning designation of R- Jr+oan Single Resi- dentiai, with a Planned .Jnit Deveiaoment PiJB1 overlay upon an- laxation to the city of Kalispell on approxi- nateiv 20 acres. Fhe :)rope -by is located west Jf the southwest corner of Three }Rile Drive and ':,titlwater Road. in con- 'uraticn mih the annex - ,it: -an and proposed PUD cning designa a :"ubdiOston s men ..fed to be known a Aspen Creek that ses totai of �8 hat vc;.ld consist T -4L single tamjjv jots -n,7 '2 t> o-unit town- r T his oroo'arry 15 entiy in the vounty c;=ng urisdictfon and _oned :G SD, an .g- .:turai _nning istrict. Property can ire de- ber ss ssors cr -:act of 3. A request for Doug- las Johnson for oreiimi- nary plat approval of As- r pen Creek..a 66 lot resi- dential subdivisicn on. approximately 20 acres.. As proposed here ' would be 24 Eats for sln- gierarniIy homes and 42 two -unit townhause A request for annexa-. 'ion and an initial zoning.. ' designation of R-2, / FiUD has bean_(iled con- c:�rrer+.t�y with e-subdi- i; vision request. The , Property can be descri- bed as a portion of As Sessors Tract4D or -- Tract 1 of COS 15941 in Section 11 . Township 29 North, Range 22 Nest. P.M.M., Fiathead . County, Montana. 4. A request by the City of Kalispell for an initial zoning designa- tion of R-4, Two Family,. : upon annexation to the city of Kalispell on, ap- proximately 1.69 acres. of City owned. property. The property Is ocated.' at the northern terminus of Western Drive west: of 7'h Avenue East...'. The ,property is currently in the County zoning ju- risdiction and is zoned n-1. Suburban Residen- tial_ This fulfills notice and public nearing re- quirements of the City of'- Kalispell under the state: statutes. The property. can be described as:: Tract 1 of COS 1775 and Parcels A and B of COS3361 `n Section '.8. _ ownship 28 .North', Range 21 West, P.M.M., Flathead Coun- y, Montana. 5. A request by the, Citv of Kalispell for an initial zoning designa- -lion of €-1, Light industri- al, upon annexation to the city of Kalispell on approximately 6.34 acres of City Q%,Jned'-.' property. The property is located west of -ths> Kalispell City Airport runway and east of the Kalispell wastewater treatment facility. The property Is currently in the County zoning uns- dic ion ana is zcnpf i-1 . clni industr€ai. This `;fills ;io#ice and cubiic neanna requirements of <he Gity of Kalispati un- sar the state Statutes. he oroperty can : e de- scrlbe7 as Parcel 1 Of OS 884 and P :rcel , ;f :CS 528 in coon Range P `• 1.iYl_ l3 head c un- W, ',,Iontarsi. -eauest tv the V jr, iC its r€I for :_an ,c, in -on STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCH LDHEISS BELNG DULY SWORN, DEPOSES AND SAYS. THAT SHE IS TE LEGAL CLERK OF rdE DAILY LNTER LAKE DAILY NEWSPAPER OF GENERAL, CIRCULATION PRINTED AND PUBLISHED IN THE CITY OF KALISPEI L, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 8709 LEGAL ADVERTISEIYIENT WAS PRINTED AN] PUB LISHED IN THE REGULAR AND EN= ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF OCT 24, 2004 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MRflML1M GOING RATE CHARGED TO ANY OTHER property is located# south of Rawsan Fefci, . and west of First Aver:. nue 'Test. The proper is currently in the Coun— ty zoning jur,sdiction-'' and is zoned R-5, TWG. Family Residential. Tfi.is fulfills notice and publics ilea, ln, requirements cif: the City of Kalispell ucr_' der the state statutes:-- The property can be tie-- scribed as Parcel A a: COS 12551 in Seci 1.8, Township 28 Norfty€ Range 21 P.M:M., Fathead ty, Montana. Documents Pertaining to these agenda item are on file for public i t spection at the Tri-City) Planning Office, 17 Se�' and Street East, Suit4 211: Kalispell, ?uf'i": 59901 T and are avaiia ble for public review. during regular office�� hours. Interested persons are.` encouraged to attends; the hearing and make: their views and canes terns known to th*_1 Board.. Written corrv� ,- ments may be submit— ted to the Tri-City Plarr=' ning Office at the above? address; prior to thy - date of the hearing, or you may contact Narda- 'Nilson, Senior Planner: at (406) 751-1850 or a- mail he.r at; t ricityn a rd a @ centu rvtei net for additional infor- mation. /s/Thomes R. Jentz Thomas R. Jentz Planning Director ADVERTISER .FOR THE SAME PUBLICATION, October 24, 2004. SET IN THE SALME SIZE TYPE AND PUBLISHED FO T-HE SAME NI.JTMTBER OF INSERTIONS. Subscribed and sworn to before me this AD. OCT 25. 2004 , jf,� r€K Notary Public for the State of Montana Residing in Kalispell My Commission expires 9I11105