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01. Ordinance 1451 - Initial Zoning - Blue Heron Estates - 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.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Second Reading for an Initial Zoning Designation of R-2, Residential - Blue Heron Estates Subdivision MEETING DATE: May 19, 2003 BACKGROUND: This is the second reading for an initial zoning designation of R-2, Residential, upon annexation to the city for property that lies on the northwest comer of Three Mile Drive and Stillwater Road. The property contains approximately 24.38 acres and is intended for development as Blue Heron Estates Subdivision, a 59-lot single-family residential subdivision to be developed in three phases. On May 5, 2003 the Kalispell City Council approved the resolution for annexation of this property and the first reading of the ordinance assigning an initial zoning designation of R-2. RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-2 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, C Narda A. Wilson Chris A. kukulski Senior Planner City Manager Report compiled: May 13, 2003 c: Theresa White, Kalispell City Clerk Charles and Michelle Lapp, 3230 C. Falls Stage Rd. C. Falls, MT 59912 Paul J. Stokes &. Associates, Inc., 343 First Ave. W, Kalispell, MT 59901 Brien Surveying, Inc., P.O. Box 160, Somers, MT 59932 TRANSMIT\KALISPEL\2003\KA03-3MEM02.DOC Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • ORDINANCE NO.1451 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 BLUE HERON ADDITION NO.324 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-2, RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Charles and Michelle Lapp, the owners 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-2, Single Family Residential upon annexation, and WHEREAS, the property is located on the northwest corner of Stillwater Road and Three Mile Drive, and WHEREAS, the petition of Charles and Michelle Lapp was the subject of a report compiled by the Tri-City Planning Office, #KA-03-3, dated March 31, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-2, Single Family Residential 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-2, Single Family Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Single Family Residential, 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-03-3. 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-2, Single Family Residential upon annexation. 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 19TH DAY OF MAY, 2003. Pamela B. Kennedy Mayor Evamw Theresa White City Clerk EXHIBIT "A" Lot 2 of Vogler Subdivision No. 2, amended Plat of Vogler Subdivision and Subdivision No. 204 located in SE 1/4 SSE 1/4 Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Description A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the northeast corner of the SE 1/4 of said Section 2; thence S 00°47'03" W, 1353.59 feet to the northeast corner of Subdivision No. 204, 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 Subdivision No. 204 the following two courses: S 89048' 15" W 1312.45 feet and S 00°35' 18" W 574.42 feet to the northwest corner of Vogler Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the following two courses: S 00°37'00" W 660.06 feet and N 89°52'37" E 330.08 feet to the southwest corner of said Subdivision No. 204; thence along the boundaries of said Subdivision No. 204 the following four courses: N 89°56'02" E 275.73 feet; N 00°45'49" E 615.20 feet; S 89°21'59" E 702.94 feet and N 00°46'33" E 630.56 feet to the point ofbeginning containing 27.315 acres more or less, being subject to and together with all appurtenant easements of record. The above described tract of land is to be known and described as "Vogler Subdivision No. 2." Description: Parcel "A" (Flathead County Search and Rescue to Lapp A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the northwest corner of Vogler Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the following two courses: N 89°53' 12" E 330.09 feet and S 00°37'03" W 330.00 feet; thence S 89°53' 12" W 330.09 feet to a point on the west boundary of said Vogler Subdivision; thence N 00°37'03" E 330.00 feet to the point of beginning containing 2.500 acres more or less, being subject to and together with all appurtenant easements of record.