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4. Ordinance 1461 - Initial Zoning - Meadow Park - 2nd ReadingTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Second Reading - Initial Zoning of R-4, Two Family Residential and B-5, Industrial / Commercial, Meadow Park Annexation MEETING DATE: June 16, 2003 BACKGROUND: This is the second reading on initial City zoning designations of R-4, Two Family Residential, and B-5, Industrial / Commercial for approximately 49 acres in the Meadow Park area southwest area of Kalispell. Annexation was initiated by the Kalispell City Council for the properties in this area because they are served by City water or sewer or both. The area was annexed on May 5, 2003. The area proposed for annexation and zoning contains approximately 49 acres. There is approximately 30 acres proposed for R-4, Two Family Residential, zoning and approximately 19 acres that is proposed for B-5, Industrial / Commercial zoning. The Kalispell City Council passed the first reading on this ordinance on June 2, 2003. RECOMMENDATION: A motion to adopt the second of the ordinance for initial zoning of these properties would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, 2 - NArda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 12, 2003 c: Theresa White, Kalispell City Clerk TRANSMIT\KALISPEL\2003 \KA03-9EM02 Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • ORDINANCE NO.1461 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO.1439), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS MEADOW PARK ADDITION NO. 323 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY RESIDENTIAL AND I-1, LIGHT INDUSTRIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL) AND CITY B-5 (INDUSTRIAL/ COMMERCIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, on May 5, 2003, the City of Kalispell passed Resolution 4782, annexing approximately 49 acres of primarily residential property located southeast of Kalispell under 7-2-4300, M.C.A., Annexation of Contiguous Lands, with an effective date of July 1, 2003, and WHEREAS, the property is located between Highway 93 South and Willow Glen Drive, generally south of Kelly Road, and WHEREAS, the Meadow Park annexation was the subject of a report compiled by the Tri-City Planning Office, #KA-03-9, dated May 5, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential, and B-5, Industrial/Commercial, as requested by the City of Kalispell, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned R-4, Two Family Residential and B-5, Industrial/Commercial, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Two Family Residential and B-5, Industrial/Commercial, 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 CountyCommissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KA-03-9. 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 Interim Zoning Ordinance, (Ordinance No. 1439) is hereby amended by designating the property described on Exhibit "A" as R-4, Two Family Residential and B-5, Industrial/Commercial. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Interim 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 16TH DAY OF JUNE, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Final Plat of Meadow Park Subdivision NE 1/4, Section 20, T28N R21W Flathead County, Montana Final Subdivision Plat of Meadow Park Unit No. 2 E 1/2, Section 20, T28N R21W Flathead County, Montana Southgate -Unit No. 1 SW 1/4 NE 1/4, Section 20, T28N R21W, Flathead County Greenacres West Unit No. 4 NE 1/4, Section 20, T28N, R21 W, Flathead County, Montana Excluding therefrom Lots 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 161, 162, 163, and 164, and that portion of right-of-way shown as Eagle Drive Amended Subdivision Plat of Lots 144-147 Greenacres West Unit No. 4 NE 1/4, Section 20, T28N R21 W, Flathead County, Montana Amended Subdivision Plat of Lots 148 and 149 Greenacres West Unit No. 4 NE 1/4, Section 20, T28N R21 W, Flathead County, Montana Subdivision Plat Miller's One NE 1/4, Section 20, T28N R21W, Flathead County, Montana as amended by the Amended Plat of the Subdivision Plat Miller's One In the SW 1/4 NE 1/4 Section 20, T28N R21 W, P.M.M. Flathead County, Montana Plat of ABC Addition #1 A subdivision located in the SW1/4 NE 1/4 Section 20, T28N R21W, P.M.M., Flathead County As amended by Certificate of Survey No. 14834 SW 1/4 NE 1/4, Section 20, T28N R21W, P.M.M. Flathead County, Montana 70AA and 70A Two (2) tracts of land situated, lying and being the Southwest Quarter Northeast Quarter (SW 1/4 NE 1/4) of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows to wit: Tract 1 Commencing at the North 1/4 corner of Section 20, T28N, R21 W; thence S 00° 02'00" W and along the West line of said NE 1/4 a distance of 1321.84 feet to a found iron pin which is the NW corner of said SW 1/4 NE 1/4; thence S 89°27'41" E and along the North line of said SW 1/4 NE 1/4 a distance of 150.00 feet to a set iron pin and the true place of beginning of the tract of land herein described; thence continuing S 89°27'41" E a distance of 150.00 feet to a found iron pin; thence South 395.00 feet to a found iron pin which is on a 954.38 foot radius curve concave Southwesterly (radial bearing S 02°06'00" W); thence in a Northwesterly direction through a central angle of 0° 10' 18" an arc length of 2.86 feet to a found iron pin; thence N 88'04' 18" W, 147.22 feet to a set iron pin; thence North 3 91.3 6 feet to the place of beginning and containing 1.354 acres of land more or less. Subject to and together with all easements of record. Tract 2 Beginning at the NW corner of said SW 1/4 NE 1/4 of Section 20, T28N, R21W which is a found iron pin; thence S 89°27'41" E, 150.00 feet to a set iron pin; thence South 391.36 feet to a set iron pin; thence N 88'04' 18" W, 68.79 feet to a found iron pin which is the P.C. of a 386.88 foot radius curve concave Southwesterly, having a central angle of 12°4238"; thence along an arc length of 81.81 feet to a found iron pin; thence N 00°02'00" E, 396.76 feet to the place of beginning and containing 1.351 acres of land more or less. Subject to and together with all easements of record. 2AAJ That portion of the Northwest Quarter (NW1/4), Section 20, Township 28 North, Range 21 West, Flathead County, Montana, described as follows: Commencing at the North quarter corner of Section 20; thence along the East line of the Northwest Quarter South 00°02'00" East 1265.84 feet to the Northeast corner of that parcel shown in Deed Book 538, Page 979, records of Flathead County, at the Point of Beginning; thence continuing along the East line of the Northwest Quarter, Section 20, South 00°02'00" East 212.00 feet to the Northeast corner of Lot 2 per Certificate of Survey No. 1794; thence along the North line of said Lot 2, North 89°46'52" West 146.95 feet; thence North 00°02'00" West 211.90 feet to the North line of said parcel shown in Deed Book 538, page 979, records of Flathead County; thence along said North line South 89°49'00" East, 146.95 feet to the Point of Beginning. Parcel 1, Certificate of Survey No. 4200. That portion of the Northwest Quarter (NW 1/4), Section 20, Township 28 North, Range 21 West, Flathead County, Montana, described as follows: Commencing at the North Quarter corner of Section 20; thence along the East line of the NW 1/4 South 00°02'00" East 1477.84 feet to the Southeast corner of that parcel shown in Deed Book 538, page 598, records of Flathead County, which point is the Northeast corner of Lot 2 per Certificate of Survey No. 1794; thence along the North line of said Lot 2, North 89°46'52" West 146.95 feet to the Point of Beginning; thence North 00°02'00" West 97.59 feet; thence North 88°41'37" West 180.00 feet; thence North 01 ° 18'23" East 25.00 feet; thence North 88°41'37" West 275.28 feet to a point on the East right-of-way line of U.S. Highway 93; thence along the East line of said highway South 18°15'52" East 26.60 feet and South 26°58'39" East 119.17 feet to the Southwest corner of said parcel shown in Deed Book 538, Page 598, records of Flathead County, which point is the Northwest Corner of Lot 1 per Certificate of Survey No. 1794; thence along the North line of Lots 1 and 2 per Certificate of Survey No. 1794, South 89°46'52" East 392.26 feet to the Point of Beginning. Parcel 3, Certificate of Survey No. 4200. 70E A Tract of land situated, lying and being in the Southwest Quarter, Northeast Quarter (SW 1/4 NE 1/4) of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows, to -wit: Commencing at the NW corner of the SW 1/4 NE 1/4 of Section 20, Township 28 North, Range 21 West; thence South 89°24' 14" East a distance of 409.75 feet to a point which is the True Place of Beginning of the tract of land herein described; thence South 89'24' 14" East and along the Northerly boundary line of said SW 1/4 NE 1/4 a distance of 107.50 feet to a point; thence leaving said North line South 0°00'25" West a distance of 418.13 feet to a point on the Northerly right-of-way of a sixty foot private road; thence North 81 °52'36" West and along said right-of-way a distance of 108.58 feet to a point; thence leaving said right-of-way North 0°00'25" East a distance of 403.90 feet to the Place of Beginning. As shown on Certificate of Survey No. 3537. 70K A tract of land, situated, lying and being in the Southwest Quarter of the Northeast Quarter of Section 20, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana, and more particularly described as follows to wit: Tract 1: Commencing at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; thence along the north boundary N 89°25'20" W 30.00 feet to a set iron pin on the westerly R/W of a 60 foot county road known as South Woodland Drive, which is the true point of beginning of the tract of land herein described; thence along said westerly R/W S 00°04'58" W 100.00 feet to a found iron pin; thence leaving said R/W N 89'25' 18" W 100.36 feet to a set iron pin; thence S 0090'36" W 36.78 feet to a found iron pin; thence N 89°29'06" W 99.45 feet to a set iron pin; thence N 00°02'27" W 136.90 feet to a found iron pin on the north boundary of said SW 1/4 NE 1/4; thence along said north boundary S89°25'20" E 200.16 feet to the point of beginning and containing 0.543 acres; subject to and together with all appurtenant easements of record. Parcel A: (Being added to and made a part of Tract 1) Commencing at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section 20, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana; thence along the north boundary N 89°25'20" W 230.16 feet to a found iron pin; thence S 00°02'27" E 100.00 feet to a found iron pin and the true point of beginning of the tract of land herein described; thence S 89025' 18" E 99.59 feet to a set iron pin; thence S 00° 10'36" W 36.78 feet to a found iron pin; thence N 89029'06"W 99.45 feet to a set iron pin; thence N 00°02'27" W 36.90 feet to the point of beginning and containing 0.084 acres; subject to and together with all appurtenant easements of record. W A tract of land in the SW 1/4 NE 1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the east one -quarter corner of said Section 20; thence North 89'26' 15" West along the south boundary of the SE 1/4 NE 1/4 of said Section 20 a distance of 1314.55 feet to a found 5/8 inch rebar being the southeast corner of said SW 1/4 NE 1/4; thence North 89°33'32" West along the south boundary of said SW 1/4 NE 1/4 a distance of 384.05 feet to a found 5/8 inch rebar being the southeast corner of a tract of land as shown and described on Certificate of Survey No. 3706, records of Flathead County, said corner being the True Point of Beginning of the tract of land herein described; thence North 00°09'04" West along the east boundary of said tract 788.76 feet to a found 5/8 inch rebar being on the south right-of-way of a 60 foot deeded county road known as Kelly Road; thence North 81 °55'09" West along said right-of-way 212.47 feet to a set 5/8 inch rebar; thence South 00°03'04" East 523.15 feet to a set 5/8 inch rebar; thence North 89°56'56" East 7.00 feet to a set 5/8 inch rebar; thence South 00°03'04" East 292.66 feet to a set 5/8 inch rebar on the south boundary of said SW 1/4 NE 1/4; thence South 89'18'51" East along the South boundary of said SW 1/4 NE 1/4 a distance of 40.00 feet to a found 5/8 inch rebar; thence South 89°11' 12" East continuing along the south boundary of said SW 1/4 NE 1/4 a distance of 164.74 feet to the Point of Beginning. Shown as Parcel ABC of Certificate of Survey No. 12469. Southgate Villa Condos (Phases 1-3 That portion of the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4), Section 20, Township 28 North, Range 21 West, Flathead County, Montana, described as follows: Beginning at the Southwest corner of Lot 10, Southgate Unit No. 1; thence along the West line of Southgate Unit 1 North 0°18'38" East, 368.14 feet; thence North 89°21'05" West, 267.66 feet; thence South 0°07'25" West, 333.46 feet to the North line of Kelly Road; thence along the North line of the road South 81 °49'31" East, 240.21 feet to the beginning of a 738.79 foot radius curve to the left; thence continuing along the North line of the road Easterly, along the curve, thru a central angle of 2° 14'06" 28.81 feet to the Point of Beginning. Parcel A, Certificate of Survey No. 9898, now known as Southgate Villa Condo and Southgate Villa Condos Phases 2 and 3. Kelly Road A tract of land located in the North half of Section 20, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as follows: Commencing at the beginning of a 25.00 foot radius return on the east line of Lot 82 of Greenacres West Unit No. 3, a recorded subdivision plat and which point lies on the West right-of-way boundary of Willow Glen Drive, a 60-foot county road and which point is the True Point of Beginning; thence Southwesterly, on a curve to the right (delta = 90' 16'01 ", radius = 25.00 feet and radial bearing = S 89°50'25" W), an arc length of 39.38 feet to a point of tangency; thence N 89°53'34" W, a distance of 473.00 feet to a point of curvature; thence Southwesterly, on a curve to the left (delta = 36°07'29", radius = 244.64 feet), an arc length of 154.23 feet to a point of tangency; thence S 53°58'57" W, a distance of 202.77 feet to a point of curvature; thence Westerly, on a curve to the right (delta = 36107'29", radius = 184.64 feet), an arc length of 116.41 feet to a point of tangency; thence N 89°53'34" W, a distance of 424.31 feet to a point of curvature; thence Westerly, on a curve to the right (delta = 08°04'03", radius = 738.79 feet), an arc length of 104.02 feet to a point of tangency; thence N 81 °49'31" W, a distance of 240.21 feet to a point; thence N 81 °52'36" W, a distance of 518.63 feet to a point of curvature; thence Westerly, on a curve to the left (delta = 06° 11'32", radius = 954.38 feet), an arc length of 103.14 feet to a point of tangency; thence N 88'04' 18" W, a distance of 216.01 feet to a point of curvature; thence Westerly, on a curve to the left (delta = 27°26'42", radius = 390.36 feet), an arc length of 186.98 feet to a point of tangency; thence S 64' 16'59" W, a distance of 281.82 feet to a point and which point lies on the east right-of-way boundary of U.S. Highway 93; thence S 35°28'00" E, on and along said east right-of-way boundary, a distance of 60.00 feet to a point; thence N 64°29'00" E, and leaving said east boundary, a distance of 125.00 feet to a point; thence N 64°27'04" E, a distance of 146.45 feet to a point of curvature; thence easterly, on a curve to the right (delta = 27°26'42", radius = 330.43 feet), an arc length of 158.28 feet to a point of tangency; thence S 88'04' 18" E, a distance of 216.01 feet to a point of curvature; thence Easterly, on a curve to the right (delta = 06° 11'32", radius = 894.38 feet), an arc length of 96.95 feet to a point of tangency; thence S 81 °52'36" E, a distance of 543.00 feet to a point; thence S 81 °49'31" E, a distance of 216.21 feet to a point of curvature; thence easterly, on a curve to the left (delta = 08°04'03", radius = 798.79 feet), an arc length of 112.47 feet to a point of tangency; thence S 89°53'34" E, a distance of 424.31 feet to a point of curvature; thence Northeasterly, on a curve to the left (delta = 36°07'29", radius = 244.64 feet), an arc length of 154.23 feet to a point of tangency; thence N 53°58'57" E, a distance of 202.77 feet to a point of curvature; thence Easterly, on a curve to the right (delta = 36°07'29", radius = 184.64 feet), an arc length of 116.41 feet to a point of tangency; thence S 89°53'34" E, a distance of 473.00 feet to a point of curvature; thence Southeasterly, on a curve to the right (delta = 89°43'59", radius = 25.00 feet), an arc length of 39.15 feet to a point and which point lies on said West right-of-way boundary of Willow Glen Drive; thence N 00°09'35" W, on and along said West boundary, a distance of 110.00 feet to the True Point of Beginning. This tract contains 4.172 acres and subject to and together with all appurtenant easements of record.