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2. Resolution 4674 - Annexation - Summit Ridge AreaTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Annexation and Initial Zoning of R-3, Residential - Summit Ridge Area MEETING DATE: December 17, 2001 BACKGROUND: The City of Kalispell has initiated annexation proceedings for strip of land in the Northridge area to annex a small strip of property approximately 20 feet wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway Drive which contains approximate 5,052 square feet (012 of an acre). This annexation is a housekeeping item since this strip was inadvertently omitted when the properties of which they are a part of were made part of the city of Kalispell in 1984. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4501, M.C.A., Annexation of Wholly Surrounded Land. The properties proposed for annexation lies in the county. At the time the adjoining properties of which this strip of land is a part of were annexed into the City of Kalispell in 1984, these properties were zoned R-4, Residential. The land use in the area is primarily single-family residential and the properties of which this land strip is a part anon -residential uses that would generally be considered support services such as the churches. All of the area immediately surrounding the strip of land proposed to be annexed is zoned R-3, Residential, a single-family district. The staff recommended R-3, Residential, zoning which allows single-family residences as permitted uses and has a minimum lot size requirement of 7,000 square feet and a width of 60 feet that reflects the existing zoning of the properties in the neighborhood and of which the strip proposed for annexation is a part. . All public services and facilities are currently are available or provided to these properties at the same level of service as other properties. All services shall be provided to these properties in accordance with the Kalispell Extension of Services Plan and at the same level of service as all other properties within the City limits. Full City services to these properties are currently being provided. The Kalispell City -County Planning Board held a public hearing at their regular meeting of November 13, 2001. A motion was made and passed unanimously to forward a recommendation to the Kalispell City Council that initial zoning for this property should be R-3, Residential, upon annexation. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Summit Ridge Annexation and R-3 Zoning November 19, 2001 Page 2 RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulsk Senior Planner City Manager Report compiled: November 19, 2001 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Legal description (Exhibit A) Staff report KA-01-7 and application materials Draft minutes from 11/ 12/01 planning board meeting H: \FRDO\TRANSMIT\KALISPEL\2001 \KA01-7MEMO. DOC Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 November 20, 2001 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning of R-3, Residential - Summit Ridge Area The Kalispell City -County Planning Board held a public hearing on November 13, 2001 to consider a proposal initiated by the City of Kalispell to annex a small strip of property approximately 20 feet wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway Drive which contains approximate 5,052 square feet (012 of an acre). This annexation is a housekeeping item since this strip was inadvertently omitted when the properties of which they are a part of were made part of the city of Kalispell in 1984. This property will be annexed under the provisions of Sections 7-2- 4601 through 7-2-4501, M.C.A., Annexation of Wholly Surrounded Land. Narda Wilson, of the Tri-City Planning Office, presented staff report KA-01-7, evaluating the appropriate zoning designation upon annexation. She noted that the property of which this strip is a part of is zoned R-3, Residential. This is a single family zoning district and staff recommended that the initial zoning of City R-3, Residential, be assigned to the property upon annexation to the city. At the public hearing no one spoke either in favor or opposition to the proposal. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-3, Residential, upon annexation. Please schedule this matter for the December 3, 2001 regular 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. Sincerely Kalispell City -County Planning Board Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Summit Ridge Annexation and R-3 Zoning November 20, 2001 Page 2 GS/NW Attachments: Exhibit A (legal description) Staff report KA-01-7 and application materials Draft minutes 11/ 19/01 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: P.J. Sorenson, City of Kalispell, P.O. Box 1997, Kalispell, MT 59901 H:\FRDO\TRANSMIT\KALISPEL\2001 \KA01-7.DOC RESOLUTION NO. 4674 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 KNOWN AS NORTHRIDGE SUMMIT ADDITION NO. 309, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has initiated the annexation of property inadvertently omitted from annexation in 1984, which is more particularly described in Exhibit A, attached hereto and thereby made a part hereof, and WHEREAS, the Tri-City Planning Office has made a report on the City of Kalispell's Annexation Request, #KA-01-7, dated November 5, 2001, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 45, Montana Code Annotated, Annexation of Wholly Surrounded Land. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described in Exhibit A, be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Northridge Summit Addition No. 309. SECTION II. 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 its citizens and property shall be subject 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 in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be 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 17TH DAY OF DECEMBER, 2001. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" That portion of land not previously annexed which falls within the City of Kalispell, more particularly described as follows: the northerly portions of Lots B, C, D and the 10 foot wide Tract 1 (County Tract 2W) falling between Lots C and D, northerly of the North Right -of -Way line of the abandoned Mission Lane, as shown on Northridge Summit, an amended subdivision plat of Lots 10, 11 and 12 of Block 8 of Northridge Heights section 3 and Lot 21 of Block 2 of Summit Ridge Number 1, located within the NE 1/4, Section 1, T28N, R22W, PM, M, Flathead County, Montana according to the plat on file in the Clerk and Recorder's Office, Flathead County, Montana. Mann asked if the five-foot setback was adequate now. Wilson said it was especially if they abandon the alley because that would give them another eight feet to make a 13 foot setback. Mann asked if there weren't building codes that addressed setbacks. Wilson said there was, but often the zoning is more restrictive. Heinecke said he was in favor of the project and because the building was so far towards the back of the lot the addition wouldn't detract from that view of it and from 8th Avenue EN it would be behind the building. ROLL CALL VOTE The motion passed unanimously with nine in favor and none in opposition. CITY OF KALISPELL The City of Kalispell has initiated the annexation to annex a ANNEXATION small strip of property approximately 20 feet wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway Drive that contains approximately 5,052 square feet (012 of an acre). This annexation is a housekeeping item since this strip was inadvertently omitted when the properties of which they are a part of were made part of the city of Kalispell in 1984 STAFF REPORT #KA-01-7 Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KA-01-7 saying this was a request for annexation of the northerly strip of Lots B and C of Northridge Summit, the northerly strip of Northridge Summit Amended Subdivision Lot D, and the northerly strip of Assessors Tract 2W. Wilson said the area proposed for annexation is approximately 20 feet wide and 200 feet long, and staff is recommending R-3, Residential zoning which reflects the existing zoning of the neighboring properties. Wilson said staff was recommending approval of the annexation and initial zoning of R-3. Van Natta said Lots B and C are not developed, but there was a residence on Lot D. APPLICANT/AGENCIES There was no one who wished to speak. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS There was no one who wished to speak. Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 4 of 5 OPPONENTS There was no one who wished to speak and the public hearing was closed. MOTION Pierce moved that the Kalispell City -County Planning Board and Zoning Commission adopt staff report #KA-01-7 as findings of fact and forward a recommendation to the Kalispell City Council to adopt R-3, Residential, upon annexation. Van Natta seconded the motion. BOARD DISCUSSION There was no Board discussion. ROLL CALL VOTE The motion passed unanimously with nine in favor and none in opposition. The City portion of the meeting was adjourned at 7:30 p.m. Greg Stevens, Chairman Sandie Mueller, Recording Secretary APPROVED as submitted: / corrected Date: Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 5 of 5 CITY OF KALISPELL ANNEXATION WITH AN INITIAL ZONING OF R-3 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-01-7 NOVEMBER 5, 2001 The City of Kalispell has initiated annexation proceedings for strip of land in the Northridge area. A public hearing has been scheduled before the Kalispell City -County Planning Board and Zoning Commission for November 13, 2001, beginning at 7:00 PM, to consider appropriate zoning for the area proposed to be annexed. The Planning Board and Zoning Commission will forward a recommendation for appropriate zoning to the Kalispell City Council for consideration. BACKGROUND INFORMATION The City of Kalispell has initiated the annexation to annex a small strip of property approximately 20 feet wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway Drive which contains approximate 5,052 square feet (012 of an acre). This annexation is a housekeeping item since this strip was inadvertently omitted when the properties of which they are a part of were made part of the city of Kalispell in 1984. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4501, M.C.A., Annexation of Wholly Surrounded Land. A. Petitioner: P.J. Sorenson, Zoning Administrator City of Kalispell P.O. Box 1993 Kalispell, MT 59903 (406) 758-7732 B. Location and Legal Description of Property: The properties proposed for annexation can be described as the northerly strip of Lots B and C of Northridge Summit and the northerly strip of Northridge Summit Amended Subdivision Lot D and the northerly strip of Assessor's Tract 2W located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing zoning: The properties proposed for annexation lies in the county. At the time the adjoining properties of which this strip of land is a part of were annexed into the City of Kalispell in 1984, these properties were zoned R-4, Residential. D. Proposed Zoning: The staff is recommending R-3, Residential, zoning which allows single-family residences as permitted uses and has a minimum lot size requirement of 7,000 square feet and a width of 60 feet. The proposed City R-3 district reflects the existing zoning of the properties in the neighborhood and of which the strip proposed for annexation is a part. E. Size: The area proposed for annexation us a strip of land approximately 20 feet wide and 200 feet long which contains approximately 5,052 square feet or 0.12 of an acre. F. Existing Land Use: The land use in the area is primarily single-family residential and the properties of which this land strip is a part are developed with are single-family homes. G. Adjacent Land Uses and Zoning: All of the area immediately surrounding the strip of land proposed to be annexed is zoned R-3, Residential, a single-family district. Page 1 of 4 H. General Land Use Character: The general land use character of this area is primarily single-family residential, but with some non-residential uses that would generally be considered support services such as the churches. I. Utilities and Public Services: All public services and facilities are currently 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 Fire: Kalispell Fire Department Police: Kalispell Police Department Extension of Services Plan: All services shall be provided to these properties in accordance with the Kalispell Extension of Services Plan and at the same level of service as all other properties within the City limits. Full City services to these properties are currently being provided. 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 76-2-203, M.C.A. 1. Does the requested zone comply with the Master Plan? The property proposed for annexation is included in the Kalispell City -County Master Plan. The master plan map designates the area as Urban Residential. Staff is recommending that the area be given a City zoning designation of R-3, Residential, consistent with the other zoning in the area. The recommended zoning designation complies with the master plan for the area. 2. Is the requested zone designed to lessen congestion in the streets? No significant increase in the impacts to the area will be created from annexing these properties into the City since they are currently developed and most of the lot lie within the City already. 3. Will the requested zone secure safety from fire, panic, and other dangers? No features on the property exist which would compromise the safety of the public. Any new construction would be required to be in compliance with the building safety codes of the City which relate to fire and building safety. Adequate access is available to accommodate emergency vehicles and life safety equipment. Page 2 of 4 4. Will the requested zone promote the health and general welfare? The proposed zoning classification will promote the health and general welfare by helping to promote the goals of the master plan for the area and encouraging compatible uses in the area. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided 6. Will the requested zone prevent the overcrowding of land? The proposed zoning designation provides consistency in the development standards that are currently in place in the area and have governed the development of the area since its inception. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards, as well as subdivision development standards, will avoid the undue concentration of people at the time future properties are developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the properties. Services to the area will be provided on a basis that is consistent with all other properties inside the city limits. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed zoning designation is consistent with the land use designations of the master plan and with the existing uses that have developed in the area. The zoning gives adequate consideration to the suitability of the land proposed for zoning. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is primarily single-family residential with some supporting uses such as the churches. The proposed zoning creates a residential designation for the area consistent with that which exists and under which other development in the area has occurred. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the proposed zoning accommodates existing uses and provides the zoning that would accommodate intended uses for the area. Page 3 of 4 12. Will the requested zone encourage the most appro-priate use of the land throughout the municinality2 The proposed zoning is in substantial compliance with the Kalispell City -County Master Plan and is intended to reflect the goals for the municipality as well as the immediate community. RECOMMENDATION: It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-01-7 as findings of fact and forward a recommendation to the Kalispell City Council to adopt R-3, Residential, upon annexation. H: \REPORTS\... \KA01-7 Page 4 of 4 of Kalis Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 September 5, 2001 Narda Wilson Tri-City Planning Office 17 2nd St E, Suite 211 Kalispell, MT 59901 Re: Northridge Summit area IIIIM- erm," The City of Kalispell is initiating an annexation proceeding under Section 7-2-4501, MCA, et sec , relating to wholly surrounded property. The area in question apparently was not entirely brought into the City under prior annexations, and at least a 60 ft x 300 ft strip was omitted. Rather than run the risk of omitting any portion of the subject properties, we are using the legal description for the entire area, even though portions have already been annexed. We would request that the zoning designation for the annexed area be R-3, which would match the surrounding neighborhood. The legal descriptions of each lot/parcel are attached. Please let me know if you need any additional information. Sincerely, PJ Sorensen Zoning Administrator ❑1 03:04p A & F Research (40G) 752-0194 p.2 ORDINANCE NO, /Dy(e AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, OF THE CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 885, APPENDIX B, KALISPELL CITY CODE); TO CHANCE LOT 12, BLOCK 235, KALISPELL ADDITION NO. 6 FROM RESIDENTIAL, R-4, TO NEIGHBORHOOD PROFESSIONAL BUSINESS, B-Z, AND TO PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL: SECTION 1. Section 5.01, Official Zoning Map of the City of Kalispell Zorr'nr O inance (Ordinance No. 885, Appendix B, Kalispell City Code) is hereby amended by changing the zoning designation of Lot 12, Block 235, Kalispell Addition No. 6 from Residential, R-4, to Neighborhood Professional Business, B-2. SECTION ll. The balance of Section 5.01 Official Zoning Map, of the City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 111. This Ordinance shall be effective thirty (30) days trom and after the date of its final passage by the Council and approval by the Mayaor, FINALLY PASSED by the City Council of the City of Kalispell, Montana, and approved by the Mayor this 4 day of Se n f . , 1984. Legg �MC�eweil-Mayor--. ATTEST: Mar)ori * Grermann, City C erk- re�i asurer FRDO MISC-98 CERTIFICATION APPLICANT: CITY OF KALISPELL FRDO FILE #: KA-01-7 I, the undersigned certify that I did this date mail notices to the following list of landowners, per copy of notice attached. :T— Date: �b��6/ Assessor's S-T-R Lot/Tract Property Owner No. No. & Mail Address P J SORENSEN ZONING ADMINISTRATOR CITY OF KALISPELL P O BOX 1997 KALISPELL MT 59903-1997 AND ATTACHED LIST NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Kalispell Zone Change from B-1 to B-2 - North Meridian Road Shining Mountain Church Expansion Conditional Use Permit Annexation of Strip of Land south side of Summit Ridge Drive The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, November 13, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A zone change request by Flathead Valley Orthopedic Profit Share from B-1, Neighborhood Buffer District, a limited commercial district, to B-2, General Business, a district that allows a broad mix of commercial uses. The property lies between the east side of North Meridian Road and the west side of Hwy 93, north of Three Mile Drive. It contains approximately 4.6 acres and is currently undeveloped. The property proposed for rezoning can be described as Lot 5 of the Hall Addition #82 in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Shining Mountain Church for a conditional use permit to allow the expansion of an existing church located at 475 Eight Avenue E.N. The property is in an R-31 Residential, zone which lists churches as a conditionally permitted use. The existing church contains approximately 1,450 square feet and the new addition would be constructed to the east of the existing building and would contain approximately 1,650 square feet. The property can be described as Lot 1, Block 1, Northeast Addition located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A proposal by the City of Kalispell to annex a small strip of property approximately 33 feet wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway Drive which contains approximate 5,052 square feet (012 of an acre). This annexation is a housekeeping item since this strip was inadvertently omitted when the properties of which they are a part of were made part of the city of Kalispell in 1984. The properties proposed for annexation can be described as the northerly strip of Lots B and C of Northridge Summit and the northerly strip of Northridge Summit Amended Subdivision Lot D and the northerly strip of Assessor's Tract 2W located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. R. Thomas R. Jentz Planning Director ANNEX 10-12-01 2002 10/24/01 KNO 1AN16-4 adr! sbmet,.,: P'' 0977904 OUT :DACHS, GEORGE R &HELEN J IM !270 SUMMIT RIDGE DR :KALISPELL MT E 599012592 0977905b --- LIT, i-D-A--C--H-,S,-,--G-E-O-R-G-lER-CIH'-E-LE--N-J--M----'2-7-0--SU—M—Mi-T--R-I'D--G-E--D-R--'-R-WCiS-PiE-LE--VT----� 599012592 0477-907 45111SPE—LE MT 99-616666 36j1907 OUT BARTHEL, FRANZ ----------- IM ----- PO BOX 34 KAUSPELL --<T 1 599030034 Page 1 1Q G 2XA Rm3 7RT;Z9 SU 18 17 16 14 17 12 \�� g� 11 2W �v e'10 Mc O� 7 9 o� 6�8� 7 y 5 6A �3 4 UFFALO COMM NS KALIS ELL VICINM MAP CITY OF KALISPELL ANNEXATION OF APPROX. .12 ACRES OF WHOLLY SURROUNDED PROPERTY AND INITIAL ZONING OF R-3 URBAN SINGLE FAMILY RESIDENTIAL FILE# KA-01-7 SCALE 1" = 150' G PH 2 BLK 1 ON AREA � 1 PH 3 DC 3 BLK PLOT DATE: 10/16/01 H:�\slts\ka01_T.dwg REPORT TO: f3Z17uT9 SUBJECT: City of Kalis Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 Honorable Mayor and City Council PJ Sorensen, Zoning Administrator Chris Kukulski, City Manager Northridge Summit clean-up annexation MEETING DATE: November 19, 2001 BACKGROUND: It recently came to staffs attention that a strip of property along the southern edge of Summit Ridge near Parkway Drive is an island that had not been annexed into the city (see vicinity map). Although it has appeared on city maps as being within the city limits, no city taxes have been paid on the property and no resolution can be found which annexes the land. Our best option appears to be to proceed under the provisions for annexation of wholly surrounded land. The Planning Board will be reviewing the question of initial zoning on November 13. The first step for the Council would be a Resolution of Intent to annex the property. That step can take place on November 19. At that point, a notice is to be sent to the registered voters in the subject area, as well as publication in the newspaper once per week for two successive weeks. At the first council meeting after the expiration of twenty days after the first publication (December 17), a Resolution of Annexation would be before the Council. It would be at that meeting when a decision will be made regarding the annexation. RECOMMENDATION: The Council move to approve the Resolution of Intent to annex the subject property. FISCAL EFFECTS: Minor positive impact. ALTERNATIVES: As suggested by the Council. ATTACHMENTS: Vicinity map Respectfully submitted, PJ Sorensen Zoning Administrator Chris Kukulski City Manager Report compiled November 8, 2001 RESOLUTION NO. 4670 A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 45, M.C.A. (ANNEXATION OF WHOLLY SURROUNDED LAND), MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS NORTHRIDGE SUMMIT ADDITION NO. 309, AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW. 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 wholly surrounded land 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 include the same within the corporate limits of the City, to zone said property in accordance with the Kalispell Zoning Ordinance, Ordinance No. 1175, as amended; 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 approximately five years in the future, said Plan being amended on the 1st day of March, 1999, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission on the 13th day of November, 2001, held 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, and WHEREAS, the City of Kalispell desires to annex the property under the provisions of Title 7, Chapter 2, Part 45 Montana Code Annotated (Annexation of Wholly Surrounded Land). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. 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. SECTION II. 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. 1175, as amended. SECTION III. 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 next preceding the regularly scheduled Council meeting at which said Annexation will be considered; and give said notice in writing, addressed to all registered voters in the territory proposed to be embraced. 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 annexation from the registered voters residing in the area proposed to be annexed. SECTION V. At the regularly scheduled meeting of the City Council of the City of Kalispell, next succeeding the expiration of said twenty days, the City Clerk shall forward all written communication received by said Clerk for Council's consideration. SECTION VI. The City Council, after considering all written communication, may adopt a resolution approving the annexation of the property described in Exhibit "A". PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF NOVEMBER, 2001. Attest: "���tG�Le�. -) eresa Wh e City Clerk Wm. E. Boharski Mayor n 2XA Rm3 A N RT RID SU��MIT uhi Q1 �? 17 16 1, 14 13 12 \�� 2 W z� 10 9 C), o� 6 8� P� Qz 7 5 6A �3 4 UFFALO KALISFIELL VICINITY MAP .R I 3 'L E 2 O'NEIL J 20 1 c r 2DCA PH 2 BLK 1 DC ` 3 BLOC CG PH 3 CITY OF KALISPELL ANNEXATION OF APPROX. .12 ACRES OF WHOLLY SURROUNDED PROPERTY AND INITIAL ZONING OF R-3 URBAN SINGLE FAMILY RESIDENTIAL FILE# 7�ry V —01 PLOT DATE: 20/16/01 SCALE 1" = 150' Ha�s\ziie\ka01_7.dwg