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5. Ordinance 1478 - Initial Zoning - Birk - Raven Rock - 2nd ReadingREPORT TO: SUBJECT M6 $ D) Dip ONTC-w Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity*centurytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Thomas R. Jentz, Director Chris A. Kukulski, City Manager Second Reading - Tim Birk / Raven Rock Subdivision Annexation and Initial Zoning of R-3 and RA-1 August 4, 2003 BACKGROUND: This is the second reading on an initial zoning designation of R-3, Urban Residential on approximately six acres and RA-1, Low Density Residential Apartment, on approximately two acres for a proposed subdivision called Raven Rock. A preliminary plat for 27 single family lots and 10 duplex lots has been filed concurrently with the annexation and zoning request. The property contains approximately 8.01 acres and is located on the north side of Three Mile Drive and east of Stillwater Road and west of North Meridian Road approximately one half mile. Currently the property is in the County zoning jurisdiction and is zoned SAG- 10, a Suburban Agricultural zoning district with a ten acre minimum lot size requirement. The Kalispell City Council held the first reading on this initial zoning request on August 4, 2003. RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 and 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, Thomas R. Jeniz Director Report compiled: August 12, 2003 c: Theresa White, Kalispell City Clerk TRANSMIT\KALISPEL\ 2003 \ KA03-13-2MEMO Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell - City of Whitefish - City of Columbia Falls ORDINANCE NO.1478 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS RAVEN ROCK ADDITION NO.333 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10, SUBURBAN AGRICULTURAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL) AND RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Tim Birk, the owner of the property described on Exhibit "A", petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-3, Single Family Residential on approximately six acres, and RA-1, Low Density Residential Apartment on approximately 2 acres, upon annexation, and WHEREAS, the property is located on the north side of Three Mile Drive and 1/2 mile west of North Meridian Road, and WHEREAS, the petition of Tim Birk was the subject of a report compiled by the Tri-City Planning Office, #KA-03-13, dated July 1, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-3, Single Family Residential, and RA-1, Low Density Residential Apartment, as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned R-3, Single Family Residential, and RA-1, Low Density Residential Apartment, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Single Family Residential, and RA-1, Low Density Residential Apartment, the City Council finds such initial 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 TCPO as set forth in Report No. KA-03-13. NOW THEREFORE, BE IT 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 designating the property described on Exhibit "A" as R-3, Single Family Residential on approximately six acres, and RA-1, Low Density Residential Apartment on approximately two acres, upon annexation. 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 be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 18TH DAY OF AUGUST, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk FANIBIT A TIM BIRK I RAVEN ROCK SUBDIVISION LEGAL DESCRIPTION FOR ANNEXATION The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows: A tract of land located in the Southeast 1/4 of the Southwest 1/4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, being more particularly described as follows: Commencing at the South 1/4 corner of Section 1, Township 28 North, Range 22 West, P.M.M., thence North 00'021220 East a distance of 47.33 feet to the North right-of-way of Three Mile Drive and the Point of Beginning; thence South 89 * 34,12, West along said right-of-way, a distance of 568.33 feet; thence North 01*54,59m West along said right-of-way, a distance of 10.00 feet; thence South 88*35137" West along said right-of-way, a distance of 34.59 feet; thence North 04'16'130 East a distance of 625.73 feet; thence South 82*43,300 East a distance of 571.30 feet to th6 East line of the I Southeast : 1/4 of the Southwest 1/4 of said Section 1; thence South 01*02,111 West along said East line, a distance of 556.62 feet to the Point of Beginning. Retracement Certificate of Survey No. 11421. According to the Flathead County tax rolls the property address for the insured, description is as follows: 233 3 Mile Drive, Kalispell, Montana 59901.