5. Ordinance 1478 - Initial Zoning - Birk - Raven Rock - 2nd ReadingREPORT TO:
SUBJECT
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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.