Staff Report/Annexation & ZoningREPORT TO:
FROM:
SUBJECT
City of Kalispell
Planning; Department
17 - 2"d Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.corn
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
Appleway Business Park - Annexation and Initial Zoning of B-2
MEETING DATE: July 18, 2005
BACKGROUND: This is a request for an initial zoning designation of B-2, General
Business, upon annexation to the city of Kalispell. Concurrent with the annexation
request is a request for preliminary plat approval of a six lot commercial subdivision
on approximately 1.82 acres. The property lies on the south side of Appleway Drive
and has been used in the past for a residence which will remain on the property.
Each of the lots front along Appleway Drive and have a shared access for a total of
three accesses onto Appleway Drive. It is currently in the County and is zoned R-1,
Suburban Residential.
The Kalispell Planning Board held a public hearing on June 21, 2005. The staff
evaluated the proposal and noted the surrounding zoning and development that has
taken place. The staff recommended B-2, General Business, zoning.
At the public hearing Dawn Marquardt spoke in favor of the proposal stating they have
been looking for property like this where she can relocate her business. Harvey
Sterner spoke on behalf of his mother who lives directly to the north of this property
and said he has issues with other development in the area. He asked questions about
the proposed B-2 zoning and has since contacted the planning staff.
After the public hearing the board discussed the proposed zoning and found it to be
consistent with the growth policy and surrounding development. A motion was made
which passed unanimously to recommend the B-2, General Business, zoning upon
annexation to the city.
RECOMMENDATION: A motion to approve the resolution annexing the property and
the first reading of the ordinance for initial zoning of B-2 would be in order
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Appleway Business Initial Zoning of B-2
July 12, 2005
Page 2
.... .....-...
arnes . Patrick
City Manager
Report compiled: July 12, 2005
Attachments: Transmittal letter
Petition to Annex
Staff report #KA-05-7 and application materials
Minutes 6 / 21 / 05 planning board meeting
c: Theresa White, Kalispell City Clerk
Applicants
RESOLUTION NO. 5027
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 AS ASSESSOR'S TRACT 14
LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS MARQUARDT ADDITION NO.
366; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Dawn Marquardt and GPRR, LLC,
the owners of property located on the south side of Appleway Drive, approximately
400 feet west of Meridian Road, requesting that the City of Kalispell annex the
territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Marquardt's Annexation Request,
##KA-05-7, dated June 14, 2005, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-2, General Business on approximately 1.82 acres upon
annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
T.TfI'KIT 'TTTT°TlT'T°flT)T' "T- TT T1T.C1f\T -MT\ T)TT ?`TIT' f7TTT7 fi-%TTATf'�TT CNT' T• �TTT' e`TY r�T-
INiJ YY 1P1,C1<DP V. ..i»;., -Dr-11 .R.DJVL V 1:L! D 1 117D 1.11 1 kVUIN1.1L VP 1 E C11 1 U
KALISPELL AS FOLLOWS.
SECTION I. That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Marquardt Addition No. 366,
SECTION II. Upon the effective slate 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 HI. 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 1 STH DAY OF JULY, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
City of Kalispell
Punning Department
..nt3 r. i� rnnr��
17 - 2 _ Street mast, Suiie 21.1, Kalispell, Moiriana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.co
July 12, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Appleway Business Park - Annexation and Initial Zoning of B-2
Dear Jinn:
The Kalispell City Planning Board met on June 21, 2005 and held a public hearing to
consider a request for an initial zoning designation. of B-2, General Business, upon
annexation to the city of Kalispell. The property is currently in the County and is
zoned R-1, Suburban Residential. Concurrent with the annexation request is a request
for preliminary plat approval of a six lot commercial subdivision on approximately 1.82
acres. The property lies on the south side of Appleway Drive and has been used in the
past for a residence which will remain on the property. Each of the lots front along
Appleway Drive and have a shared access for a total of three accesses onto Appleway
Drive.
Narda Wilson of the Kalispell Planning Department, presented staff report #KA-05-7
evaluated the proposal. She noted the concurrent request for preliminary plat
approval and recommended initial zoning of B-2, General Business.
At the public hearing Dawn Marquardt spoke in favor of the proposal stating they have
been looking for property like this where she can relocate her business. Harvey
Sterner spoke on behalf of his mother who lives directly to the north of this property
and said he has issues with other development in the area. He asked questions about
the proposed B-2 zoning and has since; contacted the planning staff.
After the public hearing the board discussed the proposal and the drainage problems
caused by the development to the west. A motion was made which passed
unanimously to recommend approval of the proposed B-2, General Business, zoning
upon annexation to the city.
Appleway Business Park Initial Zoning
July 12, 2005
Page 2
Please schedule this matter for the July 18, 2005 regular Kalispell City Council
meeting. You may contact this board or Narda Wilson at the Kalispell Planning
Department if you have any questions regarding this matter.
GT/NW/a
Attachments: Exhibit A — Petition to Annex
Staff report ##KA-05-7 and application materials
Minutes b / 21 / 05 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Dawn Marquardt, 285 First Ave EN, Kalispell, MT 59901
DAWN MARQUARDT & GPRR, LLC
REQUEST FOR INITIAL ZONING OF B-2 UPON ANNEXATION
TRt-CITY PLANNING OFFICE
STAFF REPORT #KA-05-7
�J Lii\� i-r, 2V V.�7
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
the initial zoning of B-2 upon annexation to the city. A public hearing has been
scheduled before the planning board for June 21, 2005 beginning at 7:00 PM in the
Kalispell City Council Chambers. The planning board will forward a recommendation to
the Kalispell City Council for final action.
BACKGROUND INFORMATION
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The developer
has petitioned annexation and initial zoning classification of B,2, General Business.
The property is in the County zoning jurisdiction and is zoned County R-1, a Suburban
Residential district. This property will be annexed under the provisions of Sections 7-2-
4601 through 7-2-4610, M.C.A., Annexation by Petition. A six lot commercial
subdivision, Appleway Business Park, has been filed concurrently with the request for
annexation..
A. Petitioner and Owners: Dawn Marquardt & GPRR, LLC
285 First Ave EN
Kalispell, MT 59901
(406) 755-6285
B. Location and Legal Description of Property: The property proposed for
annexation and initial zoning is located on the south side of Appleway Drive
and west of its intersection with Meridian Road approximately 400 feet. The
properties proposed for annexation can be described as Assessor's Tract 14
located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana.
C. Existing zoning- Currently this property is in the West Side Zoning District
and is zoned County R-1, a Suburban Residential zoning district which has a
one acre minimum lot size requirement for newly created lots and is residential
in nature.
D. Proposed Zoning: The property owners are requesting City B-2 zoning, a
General Business zoning district, which allows a wide variety of general
commercial, retail, and office type uses.
E. Size: The area proposed for annexation and initial zoning contains
approximately 1..82 acres.
F. Existing Land Use: There is a single-family borne currently located on this
property that would likely be kept either as a residence or remodeled for a use
allowed in the B-2 district.
G. Adjacent Land Uses and Zoning: The character of the immediate area is an
area in transition from a more traditional residential to part of the commercial
area of the west side. This area has typically accommodated a mix of uses
including the existing residential uses, some limited commercial, industrial and
general commercial uses to the north and west. Over the years, the area has
become more commercial in nature as the city continues to grow.
North: Undeveloped,and residential uses, City B-2 zoning
South: Bike trail, Lee's Meridian Business Park, City B-2
and County I-1 zoning
East: Residences, County RA-1 zoning
West: Apartments, City B-2 zoning
H. General Land Use Character: The general land use character of the area is a
combination of residential in transition, general commercial and a little light
industrial. The properties to the north along the Hwy 2 corridor have been
more intensively developed because of the availability of water and sewer to the
area and its proximity along Highway 2. These properties can be described as
being in an area of transition.
I. Availability of Public Services: City water and sewer are located in the
Appleway Drive right-of-way, which will be extended into the property. There is
no public storm sewer system in the area available to serve this property,
therefore an engineered storm water management plan would have to be
developed which uses on site retention methods. Fire, police, ambulance and
city administrative services will be provided as part of the City services to these
properties.
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.
SUMMARY AND DISCUSSION
Does the requested zone comply with the Master Plan.?
This property is indicated on the Kalispell City Growth Policy future land use
designation map as Commercial and the commercial designation would be
consistent with the type of development anticipated to occur in the area as a
continuation of commercial uses to the north. The proposed B-2 zoning district
complies with that future land use map designation, as well as the goals and
policies of the document.
2
2. Is the requested zone designed to lessen congestion in the streets?
Rezoning this property may result in additional traffic generated from the
property especially once the property is more fully developed. Primary access
to the site is off of Appleway Drive, which is a City street recently acquired from
the County which is in substandard condition. An increase in traffic will result
from the requested commercial zoning designation in that it will allow more
intensive commercial and residential uses on the property.
3. Will the requested zone secure safety from firepanic, and other dangers?
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services are adequate.
4. Will the reguested zone p.Lomotc the health and general welfare?
Because this annexation will enable the property owners to connect to public
sewer and develop these properties with full public services, the public health
and welfare of the community will be served by encouraging compact
commercial development within established and growing commercial areas.
5. Will the requested zone provide for adequate light and air?
The proposed commercial zoning designation and allowed uses would be
subject to the development standards of the B-2 district which help to insure
that there is adequate light and air by using building height restrictions and
setbacks as well as landscaping and parking requirements. Conditionally
permitted uses that might be allowed will have special conditions required for
the development.
6. Will the requested zone prevent the overcrowding of land?
The requested zoning designation is consistent with other zoning in the area
and the type of development, which would be anticipated under the growth
policy. The requested zone will prevent the overcrowding of land.
7. Will the requested zone avoid undue concentration of people?
No significant increase in the population in the area will result under the
proposed zoning. Designating these properties for commercial development will
allow for the expansion of the west side business areas of Kalispell under this
zoning. The lot size requirements for the district avoid the undue
concentration of people in the area.
8. Will the requested zone facilitate the adequate provision of transportation,
water, sewerage, schools arks and other public requirements?
Public service, facilities and infrastructure are currently in place to
accommodate the use(s) in the area. No significant impacts to these services
can be anticipated as a result of this zoning proposal.
3
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed zoning is consistent with the zoning in the surrounding; area,
uses in the area and anticipated growth patterns. The proposed zoning is
consistent with the growth policy future land use map designation. The
requested zone gives appropriate consideration for the suitability of this area
for the uses in the B-2 zone.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is in a transition from residential to
commercial. The anticipated uses on the property will be commercial and will
be consistent and compatible with other uses in the area. The requested zone
gives reasonable consideration to the character of the area.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
.^ - ?
The most appropriate use of land throughout the jurisdiction appears to be
commercial. This is consistent with the future land use designation for the
area and promotes the stability and neighborhood character of the immediate
area.
It is recommended that the Kalispell City Planning Board and Zoning Commission
adopt staff report #KA-05-7 as findings of fact and forward a recommendation to
Kalispell City Council that the initial zoning for this property should be B-2, General
Commercial, upon annexation.
4
Tri-City Planning Office
17 Second St East, Suite 211
r7.�1�»". ..11 XT rnnnI
11alispell, lri1. 077U1
Phone: (406) 751-1850 Fax: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT:_`'�'`tt yarc G
(_I
MAIL ADDRESS: - f.
CITY/STATE/ZIP: PHONE: -7 . - �? _
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: ' k c,:�: r--
MAIL ADDRESS: ,' 5-- "- ).
CITY/STATE/ZIP: i a- _-/ PHONE: `7 57�- �
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property;
Legal Description:
J3-
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac)
The present zoning of the above property is: Ca�.Ar-%-k'-r
The proposed zoning of the above property is:
State the changed or changing conditions that make the proposed amendment necessary:
t 14&C
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grats approval for Tri-City Planning staff to be present on the
property for routine inspection d rir{g e agation process.
{Applicant
(Date)
PETITION FOR ANNEXATION AND
TNITTA1. 7ONF ('14ANC:F. C>N TR AC'T 14
SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST,
FLATHEAD COUNTY, MONTANA
F. State the changed or changing conditions that make the proposed amendment
necessary;
The properties adjacent to this tract are zoned City B-2, RA-1 and County R-1, I-1 and I-
2. The tract is located adjacent to the Kalispell City limits and has municipal services.
This area has exhibited growth both in multi -family residential and commercial uses.
Changing the zoning on this tract will allow it to be developed in accordance with the
surrounding area.
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL, FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
.Kalispell.
The Petitioners) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the property described
herein on substantially the same basis and in the same manner as such services are provided or made available
to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this
annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of
municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the Smith Valley Rural Fire District under the provisions of Section
17 ?^i Ill1)17 X,f +__.. f`f-A- A.-. ,. �,.+,..3. �4 +L. _.r .�.Y +i..: ,., Tl �.+: �._�_ y.. A_ +1__
!^JJ"L1G.l 1V1V11W111U %-ULS, .C1.A.i1.1V LCLLGii, a11U L110.L 1n1.o1Pulau'u 111w L111z' rGLlutiit LV .t unlex is 111G
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioners) further agrees) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
Dawn .Marquardt _ GPRR, T ,C
Petitioner/Owner/Date Paul Roybal, Member
Petitioner/Owner/Date
Please return this petition to:
Tri-City Planning Office
17 2nd St East, Suite 211
Kalispell MT 59901
NOTE: Youu must attach an Exhibit A that provides a bona fide legal description of the property
to be annexed that has been reviewed and certified by the Flathead County Plat Room.
STATE OF MONTA�'�lA )
: ss
County of Flathyd County
On this -�;, day of , 2005, before me, the undersigned, a Notary Public for the State of
Montana, personally appeared awn Marquardt known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this
certificate first above written.
STATE OF MONTANA )
ss
County of Flathead County
Notary Public, State of Montana
Residing at -
My Commission expires:
On this Ndday of -/ClcE u , 2005, before me, the undersigned, a Notary Public for the State of
Montana, personally appearedI Roybal, member of GPRR, LLC, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed the same.
N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this
certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
��/ .rf��✓ �� ` ! G�t-`� '. F NG..�Vi(� ' •�1 • C CL �GL1
Notary Public, S ate of Montana
Residing at _
My Commission expires:
On this day of before me, the undersigned, a Notary Public for The State of
Montana, personally appeared and , the
---� , and , respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of
said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
Exhibit A
"wv—t'n Iiia..� quar dt-I �rt3flfl, LLB
Legal Description
A tract of Land in the Northeast Quarter of the Northeast Quarter
(NE1/4NE1/4) of Section 13, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana, described as follows:
Beginning at a point on the northerly boundary line of said Section 13,
33.0 feet west of the northeast corner of said Section 13 at the line of the
established public highway between Sections 13 and 18; thence from
said point of beginning
South 89° 14' West, along the northerly boundary line of said Section 13,
300.0 feet to a point; thence
South 0°58' West, and parallel to the easterly boundary line of said
Section 13, 30.0 feet to a point on the southerly boundary line of a
county road known as Appleway Drive and the true point of beginning of
the tract of land being described; thence
South 0°58' West and parallel to the easterly boundary line of Section 13,
99.3 feet to a point on the northerly boundary line of the Great Northern
Railroad Co's Right-of-way; thence
South 75°43' Nest and along the northerly boundary line of the G.N.R.R.,
439.2 feet to a point; thence
North 0058' East 201.9 feet to a point on the southerly boundary line of
said County road; dncuce
North 89014' East and along the southerly boundary line of said county
road, 427.0 feet to the Point of Beginning.
Deed Exhibit recorded in. Book 510, Page 454, records of Flathead
County, Montana.
Tri-City Planning Office
17 Second Street East -- Suite 211
Kalispell, Montana 59901
Phone: (405) 751-1850
Fax.: (405) 751-1858
tricity@centurytel.net
MEMORANDUM
TO: Kalispell City Staff
Other Interested Parties
FROM: Narda A_ Wilson, Senior Planner
RE: June 21, 2005 - Kalispell Planning Board Meeting
DATE: May 18, 2005
These items will go before the Site Development Review Committee in the Kalispell
Building Department on the following dates:
• May 26 - Initial Review
• June 2 - Staff Comments
• June 9 - Staff Comments
Please Note: Not all of the nroiects listed will warrant your consideration or
comments - only those within your applicable area of jurisdiction or review.
Final Comments By:
June 13, 2005 so that they can be incorporated into the staff report for the June 21,
2005 public hearing. Please bring your comments to the above referenced site review
committee meeting(s) or submit your comments in writing or by phone so that they
can be incorporated into the staff report to the planning board. You can reach me at
731-1852 or e-mail at tricitvnarda(i-vcenturytel.net.
1. Cameron Gillette, Maple Grove Plaza, LLC. - Annexation., KA-05-9
2. WestWood Park PUD -- Planned Unit Development, KPUD-05-4
3. WestWood Park - Preliminary Plat, KPP-05--11
4. Blue Heron. Townhouses -w- Preliminary Plat, KPP-05-8
5. Dawn Marquardt/GPRR, LLC. - Annexation, KA-05-7
b. Appleway Business Parr - Preliminary Plat, KPP-05-7
If you need additional information regarding any of these items, please call me. Thank
you for taking the time to review and comment on these items.
Providing Community Planning :assistance To:
• City of Kalispell • City of Columbia Fails • City of Whitefish
TCPO
Major SuWivision 2005
CERTIFICATION
APPLICANT: DAWN MARQUARDT
TCPO FILE NO: KPP-05-7 & KA-05� 7
I, the undersigned certify that I did this date mail via certified or registered
mail a copy of the attached notice to the following list of landowners
adjoining the property lines of the property that is to be subdivided.
Date: -L
Assessor's # S-T-R Lot/Tract#
13-28-22
AND ATTACHED LIST
�A VW N 4WA AR� V MAX" A
MARQUARDT & MARQUARDT
285 -- 1ST AVE EN
KALISPELL, MT 59901
Property Owner/Mail Address
DAWN MA-KQUAR -1-
VIARQUARDT & MARQUARDT
285 - 1ST AVE EN
KALI:SPELL, MT 59901
1IETZGER, MARK R
'O BOX 1332
KALISPELL, NTT 59903
.WTSSELL, MICHAEL C
70 BROWNS GULCH RD
KALISPELL, MT 59901
DRCHARD VILLAGE LLC
PO BOX 7505
KALISPELL, MT 59904
G R KIRK CO
201 ST HELENS AVE
TACOMA., WA 99402
SFP-B LIMITED PARTNERSHIP
PO BOX 667
PRJNV-ILL E, OK 97754
TERRY RENTALS LLC
1740 US HIGHWAY 93 S
KALISPELL, MT 59901
HANSON, ALVIN & JANICE
445 ORCHARD RIDGE
KALISPELL, MT 59901
YOUNG, GERALD W
PO BOX 1602
KALISPELL, MT 59903
MOWER DEVELOPMENT LLC
2960 FARM TO -N ARKET ROAD
KALISPELL, MT 59901
ETTER LLC
188 TERRACE RD
KALISPELL, MT 59901
STERNER, MAR IE M
10 APPLEWAY DR
KALISPELL, M l- 59901
AOD LLP
275 CEDAR MILL RD
KALISPELL, MT 59901
SNYDER 34ACKYNZE
SNYDER, MELISSA
SNYDER WON% FAMILY TRUST
2722 CLUB DR
LOS ANGELES, CA 90084
DUVAL, DAVID J
15 APPLE WAY
KALISPELL, MT 59901
APPLEWAY LLC
5733 US HIGHWAY 93 S
WHITEFISH, MT 59937
JACOBSON, ROGER
MONxANA BUILDING PTN
THOMPSON, JAi11ES
157 N MERIDIAN, STE 109
KALISPELL, MT 59901
THREE W' S INC
PO BOX 1204
GREAT' FALLS, M'1 59403
M A KELLER LLC CITY OF KALISPELL BURLINGTON NORTHERN
423 RED TAIL LN PO BOX 1997 SANTE FE
Ii2500 LOU 1YIENK DR
ANIbTQN, MT 59840 KALISPELL, MT 59903 FORT WORTI-L TX 76131
ORDINANCE NO. 1544
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 ASSESSOR'S TRACT 14 LOCATED IN SECTION 13, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Dawn Marquardt and GPRR, LLC, the owners of the property described above, petitioned the
City of Kalispell that the zoning classification attached to the above described tract of land be
zoned B-2, General Business, on approximately 1.82 acres of land, and
WHEREAS, the property is located on the south side of Appleway Drive and approximately 400 feet west
of the intersection with Meridian Road, and
WHEREAS, Marquardt's petition was the subject of a report compiled by the Tri-City Planning Office,
Staff Report ##KA-05-7, dated June 14, 2005, in which the Tri-City Planning Office evaluated
the petition and recommended that the property as described above be zoned B-2, General
Business as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described
B-2, General Business, 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 Stage,..Etc. v. Board of CoupCommissioners Etc. 590 P2d 602, the
findings of fact of TCPO as set forth in Staff Report No. KA-05-7.
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 above as B-2, General Business, on approximately 1.82
acres of land.
SECTION 11. 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 AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 1 ST DAY OF AUGUST, 2005.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor