3. Ordinance 1670 - Initial Zoning - Wholly Surrounded Areas - 1st ReadingPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeU.com/plamiin�
REPORT TO: Kalispell Mayor and City Council
FROM: P.J. Sorensen, Planner II
Jane Howington, City Manager
SUBJECT: Annexation of Wholly Surrounded Areas/Initial Zoning
MEETING DATE: October 5, 2009
BACKGROUND: The Kalispell City Planning Board met on September 9, 2009, to consider a
proposal for initial zoning for eight wholly surrounded areas. The eight areas were previously
considered by the City Council for annexation at the July 6, 2009, meeting. Resolution 5373
annexed the properties effective on October 21, 2009.
P.J. Sorensen of the Kalispell Planning Department presented staff report KA-09-02
evaluating the revisions and recommended approval of the proposal. No comments were
received at the public hearing or in writing prior to the hearing relating to the zoning. There
was some concern, however, regarding Area 8 (located along West Northview Loop). The
property owner submitted a letter stating a concern that, since they are in negotiations with
MDOT on a portion of the lot for bypass right-of-way, annexation would require a new
appraisal. MDOT later confirmed that they would not require a new appraisal. Also, several
neighbors came to the public hearing requesting a delay in annexation until a ground water
issue could be addressed.
A motion was made to approve the proposed zoning designations. The motion was approved
on a 6-0 vote.
The specific areas are listed below (the numbers used follow the numbering used by the
Council when discussing all wholly surrounded areas).
Area 8: Approximately 4.02 acres located on the south side of West Northview Loop. The
proposed zoning designation is R-3 (Urban Single -Family Residential), which matches the
surrounding properties. Owner: Mark Hensley.
Area 9: Approximately .09 acres located on the west side of Grandview Drive near Juniper
Bend. The proposed zoning designation is R-3 (Urban Single Family Residential), which
matches the properties to the east and south. Owners: Morning Sun Inv.; Peter and Mary
Fusaro; Richard and Lorraine Stotts.
Area 11: Approximately .08 acres located on the north side of East California Street
between 4th and 5th Avenues EN. The proposed zoning designation is R-3 (Urban Single
Family Residential), which matches the remainder of the lot and the surrounding
properties. Owner: Loretta Johnson.
Area 12: Approximately .49 acres located on the south side of East Oregon Street
between 8rh and 9rh Avenues EN. The proposed zoning designation is R-3 (Urban Single
Family Residential), which matches the properties on the west, north, and south. Owners:
Clark Henley; Donnell Timm and Rebecca Hampton.
Area 15: Approximately 3.13 acres located on the west side of South Meridian Road
between West Center Street and 2nd Street West. The proposed zoning designation is R-4
(Two Family Residential), which matches the properties to the south. Owners: Ron and
Edna Carter; John and Angelique McCrorie; Ricky and Susan Oikle; Gary and Ruby
Anderson.
Area 18: Approximately .09 acres south of 18th Street East and west of 5th Avenue East.
The proposed zoning designation is RA-1 (Low Density Residential), which matches the
properties to the north and east. Owners: Norman and Jolene Bjelland; Thomas Price.
Area 19: Approximately .12 acres east of 5+h Avenue East and north of 18th Street East.
The proposed zoning designation is RA-1 (Low Density Residential Apartment), which
matches the remainder of the lot and the surrounding properties. Owners: Michael and
Donna Delage.
Area 21: Approximately .54 acres near the intersection of Leisure Drive and Windriver
Drive. The proposed zoning designation is R-2 (Single Family Residential), which matches
the surrounding properties. Owner: Barbara Seelye.
RECOMMENDATION: Staff recommends that the initial zoning for these properties upon
annexation be as follows:
Area 8:
R-3 (Urban Single Family Residential)
Area 9:
R-3 (Urban Single Family Residential)
Area 11:
R-3 (Urban Single Family Residential)
Area 12:
R-3 (Urban Single Family Residential)
Area 15:
R-4 (Two -Family Residential)
Area 18:
RA-1 (Low Density Residential Apartment)
Area 19:
RA-1 (Low Density Residential Apartment)
Area 21:
R-2 (Single Family Residential)
FISCAL EFFECTS: Minor positive impacts are anticipated by bringing more consistency to
the city boundaries and the application of zones within those boundaries.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
ram' --_~�-
t
P.J. Sorensen
Planner II
Report compiled: September 28, 2009
c: Theresa White, Kalispell City Clerk
f
Jane Howington
City Manager
ORDINANCE NO. 1670
�•1 • ,1 : TRACTS OF LAND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" IN
DATE.ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE
WHEREAS, on July 6, 2009, the City of Kalispell passed Resolution 5373, which annexed certain
wholly surrounded tracts of land, more particularly described on Exhibit "A",
attached hereto and thereby made a part hereof, pursuant to the provisions of Title 7,
Part 45 Montana Code Annotated (Annexation of Wholly Surrounded Land); and
WHEREAS, pursuant to and in accordance with the Kalispell Zoning Ordinance, the tracts of land
must now be zoned, and
WHEREAS, initial zoning for the wholly surrounded tracts of land was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KA-09-02, in which
the Kalispell Planning Department recommended various zoning designations for the
properties, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September
9, 2009, and recommended various zoning designations for the properties, and
WHEREAS, after considering all the evidence submitted on the proposal to zone each property as
described on Exhibit "A", the City Council finds such 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 KPD as set forth in Staff Report No. KA-09-02.
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 zoning the properties
as described on Exhibit "A".
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 take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL, AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 19TH DAY OF OCTOBER, 2009.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT "A"
Area S - Tract 6E, Assessor# 0439590, Document Recording No.199821211550
Owner: Mark Hensley
Zoning Designation: City R-3 (Urban Single Family Residential)
A parcel of land in the Southeast Quarter of the Southwest Quarter (SEl/4SW 1/4) of Section
1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Beginning at a point, the accepted Southwest corner of said Section 1; Thence North
67°43'20" East a distance of 1432.19 feet to a point on the Westerly boundary of said
Southeast Quarter of the Southwest Quarter, the True Point of Beginning; Thence North
00°57'42" East along the Westerly boundary of said Southeast Quarter of the Southwest
Quarter a distance of 318.54 feet to a point; Thence South 87' 17' 11" East a distance of
591.69 feet to a point; Thence South 5°36'29" West a distance of 291.75 feet to a point;
Thence South 89'59' 16" West a distance of 567.87 feet to the True Point of Beginning.
Area 9 - Tract 5ABO, Assessor# 0942654, Document Recording No.199834516300
Owners: Morning Sun Investments; Peter and Mary Fusaro; Richard and Lorraine Stotts
Zoning Designation: City R-3 (Urban Single Family Residential)
That portion of Lot 13, Section 6, Township 28 North, Range 21 West, Flathead County,
Montana, described as follows:
Beginning at the Southwest corner of Lot 4, Grand View Heights Addition to Kalispell; then
along the West line of Lot 4, North 2°56'35" East 49.90 feet to the Southeast corner of that
parcel described in Book of Deeds 504, Page 193; then along the South line of said parcel
South 88°58' 17" West 39.04 feet; then South 3°16'32" West 49.79 feet to the Northwest
corner of that parcel shown on Certificate of Survey No. 1128; then along the north line of
said parcel North 89°09'35" East 39.20 feet to the Point of Beginning.
together with:
Assessor# 0834460 - The West portion of Lot A of Grandview Heights Lots 2 & 3 Amd
Assessor# 0978227 - The Northwest portion of Lot 2, Stotts Grand View
Area 11 - Tract 24, Assessor# 0409100, Tract IA of Certificate of Survey No. 7945
Owner: Loretta Johnson
Zoning Designation: City R-3 (Urban Single Family Residential)
A tract of land in the Southwest Quarter of the Northwest Quarter of Section 8, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described
as follows:
Commencing at the northwest corner of said Southwest Quarter of the Northwest Quarter;
Thence South 00°48'31" West along the west line of said Southwest Quarter of the
Northwest Quarter, 453.52 feet, to the point of beginning of the tract herein described;
Thence continuing South 00°48'31" West along the west line of said Southwest Quarter of
the Northwest Quarter, 154.59 feet to a point on the north R/W line of California Street;
thence North 76°49'03" East along the northerly R/W line of California Street, 59.37 feet;
thence North 13° 10'57" West, 96.42 feet; thence North 35'30' 11" West, 57.92 feet to the
point of beginning and containing 0.127 acres of land.
Area 12 - Tract 30XA and 30XAAA, Assessor# 0321100, Doc Recording No. 200013616390
Owners: Clark Henley; Donnell Timm and Rebecca Hampton
Zoning Designation: City R-3 (Urban Single Family Residential)
A tract of land Southeast Quarter of the Northwest Quarter (SEl/4NW1/4) of Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast
corner of Block B of Duncan's Addition to Kalispell, Montana, according to the map or plat
thereof on file and of record in the office of the Clerk and Recorder of Flathead County,
Montana, and which point is situated on the continuation in a straight line and in an Easterly
direction of the South boundary line of Block B; thence North 13°42'00" West, a distance of
300 feet to the True Point of Beginning of the tract hereby conveyed; thence North 76° 18' 00"
East, a distance of 58 feet: thence South 13°42'00" East, a distance of 150 feet; thence South
76°18'00" West, a distance of 58 feet; thence North 13°42'00" West, a distance of 150 feet
to the True Point of Beginning.
together with
Tract 30XAA and 30XC, Assessor# 0656750, Doc Recording No. 200800025017
A tract of land Southeast Quarter of the Northwest Quarter (SEl/4NW1/4) of Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast
corner of Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the
continuation of the southerly line of said Block B; thence North 13°42'00" West 300 feet;
thence North 76° 18'00" East 50 feet to the True Point of Beginning; thence North 76° 18'00"
East 83 feet: thence South 13°42'00" East 150 feet; thence South 76°18'00" West 83 feet;
thence North 13°42'00" West 150 feet to the True Point of Beginning.
excepting therefrom:
Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast
corner of Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the
continuation of the southerly line of said Block B; thence North 13°42'00" West 300 feet;
thence North 76° 18'00" East 50 feet to the True Point of Beginning; thence North 76° 18'00"
East 8 feet: thence South 13°42'00" East 150 feet; thence South 76°18'00" West 8 feet;
thence North 13°42'00" West 150 feet to the True Point of Beginning.
Area 15
Owners: Ron and Edna Carter; John and Angelique McCrorie; Ricky and Susan Oikle; Gary
and Ruby Anderson.
Zoning Designation: City R-4 (Two Family Residential)
Multiple tracts of land in the Northeast Quarter of the Northeast Quarter of Section 13,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Assessor# 0011421 Document Recording No. 200603216180; Tract AA of Lot 11,
Hollister's Meridian Tracts & Tract AA of Lot 12, Hollister Meridian Tracts being:
Those portions of Lots 11 and 12, of Hollister's Meridian Tracts according to the plat
thereof, more particularly described as follows:
Beginning at a point on the North line of said Lot 11, 132.5 feet West of the Northeast corner
thereof; thence Southerly, parallel with the East line of said Lots 11 and 12, a distance of 160
feet to a point on the South line of said Lot 12, 132.5 feet West of the Southeast corner of
said Lot 12; thence West along the South line of Lot 12 a distance of 55.6 feet to a point;
thence North and parallel with the East line of said Lots 11 and 12 a distance of 160 feet to a
point on the North line of Lot 11; thence East along the North line of Lot 11 a distance of
55.6 feet to the point of beginning.
Assessor# 0767756 Doc Recording No. 200218312080; The East 132.5 feet of Lots 11 and
12 of Hollister's Meridian Tracts,
together with:
Tract 11C - A tract of land located in the NEl/4NE1/4 of Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana, described as follows:
Commencing 30.00 feet west and 576.00 feet south of the Northeast corner of said Section
13, being the Place of Beginning for the tract herein described: thence West a distance of 200
feet to a point; thence South a distance of 80.00 feet to a point; thence East paralleling the
North boundary line thereof 200 feet of the West boundary of the County Highway; thence
North a distance of 80.00 feet along the West boundary of said highway to the Place of
Beginning.
Assessor# 0624450 Tract 11E, Doc Recording No. 20043031110
A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of
Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and
more particularly described as follows:
Commencing at northeast corner of the Northeast Quarter of Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana; thence along the east boundary of said
Northeast Quarter, South 01°09'46" West 663.43 feet; thence North 89°35'41" West 37.00
feet to a set iron pin on the westerly R/W of Meridian Road, which is the True Point of
Beginning of the tract of land herein described: Thence along said R/W South 01°09'46"
West 79.94 feet to a set iron pin; thence leaving said R/W North 89' 11'56" West 207.60 feet
to a set iron pin; thence North 00°10'48" west 78.50 feet to a set iron pin; thence South
89°35'41" East 209.45 feet to the point of beginning and containing 0.379 acres. (Tract 1 of
Retracement Certificate of Survey No. 13395)
Assessor# 0134950 - The East 188.1 feet of Lot 13 of Hollister's Meridian Tracts and Lot 4
of Hollister's Meridian Tracts
Assessor# 0134900 - That portion of the East 188.1 feet of Lots 14 and 15 of Hollister's
Meridian Tracts more particularly described as follows:
Beginning at the northeast corner of said Lot 14; thence southerly along the easterly line of
Lots 14 and 15 a distance of 150 feet; thence west along the south line of Lot 15 a distance of
188.1 feet; thence northerly parallel with the east line of lots 14 and 15 a distance of 150 feet
to a point on the north line of Lot 14, 188.1 feet west of the point of beginning; thence east
along said north line of Lot 14 a distance of 188.1 feet to the point of beginning.
Assessor# 0019625 - Tract 11DA, Doc Recording No. 200300214450
A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of
Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and
more particularly described as follows:
Beginning at a point 30 feet West of and 816 feet South of the Northeast corner of Section
13; thence West 200 feet; thence South 85 feet; thence East and parallel with the North
boundary of said tract herein described, a distance of 200 feet to the West boundary of
Meridian Road; thence north along the West boundary of said road, a distance of 85 feet to
the Point of Beginning.
Area 18
Owners: Norman and Jolene Bjelland; Thomas Price
Zoning Designation: City RA-1 (Low Density Residential)
Assessor# 0036450, (Tract 8NE, excepting the East 150 feet) Document Recording No.
200630413420
A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as
follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter;
thence North 89°33'00" West, along the north section line 363 feet to a point; thence South
13°21'00" East, 125 feet; thence South 76°39'00" west, a distance of 111.64 feet; thence
North 13°21'00" West, a distance of 152.90 feet, more or less, to the north line of said
Section; thence North 89°33'00" west along the section line, a distance of 56.30 feet to a
point, which is 534.50 feet from the Northeast corner of said Northeast Quarter of the
Northwest Quarter; thence South 13°21'00" East, a distance of 213.12 feet to a point; thence
North 76°39'00" East, approximately 164 feet to a point; thence North 13°21'00" West, a
distance of 50.00 feet to the place of beginning.
excepting therefrom a tract of land described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter;
thence North 89°33'00" West, along the north section line 363 feet to a point; thence South
13°21'00" East, 125 feet; thence South 76039'00" West, 111.64 feet to the place of
beginning; thence North 13°21'00" West, 152.9 feet, more or less to the north line of said
Section; thence North 89°33'00" West, along the section line 56.3 feet to a point which is
534.5 feet from the Northeast corner of said Northeast Quarter of the Northwest Quarter;
thence South 13°21'00" East, 163.2 feet to a point; thence North 76°39'00" East,
approximately 56 feet to the place of beginning. (Tract 8NEA)
further excepting therefrom the East 150 feet of the tract herein described.
Assessor# 0707490, (Tract 8NEA, excepting the East 38.36 feet) Document Recording
No. 200800021001
A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter;
thence North 89°33'00" West, along the north section line 363 feet to a point; thence South
13°21'00" East, 125 feet; thence South 76°39'00" West, 111.64 feet to the place of
beginning; thence North 13°21'00" West, 152.9 feet, more or less to the north line of said
Section; thence North 89°33'00" West, along the section line 56.3 feet to a point which is
534.5 feet from the Northeast corner of said Northeast Quarter of the Northwest Quarter;
thence South 13°21'00" East, 163.2 feet to a point; thence North 76°39'00" East,
approximately 56 feet to the place of beginning. (Tract 8NEA)
excepting therefrom the East 38.36 feet of the tract herein described.
Area 19
Owners: Michael and Donna Delage
Zoning Designation: City -1 (Low Density Residential Apartment)
Assessor# 0431221, (Tract 5Z, excepting the West 150 feet) Document Recording No.
199817715210
A tract of land in the Southeast Quarter of the Southwest Quarter of Section 17, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at a point 1,098.00 feet Southerly from the Southwest corner of Block 248 of
Kalispell Townsite Company's Addition Number 7 to Kalispell, Montana, according to the
recorded plat thereof, records of Flathead County, Montana, at which point is on the line
which is a southerly continuation of the West line of said Block 248; thence Southerly, and
along a line which is the Southerly continuation of the West line of Block 248, a distance of
30.00 feet to a point; thence Easterly at right angles, on a line parallel with the Southerly line
of Fourteenth Street, a distance of 389.92 feet, more or less, to the West line of the
Southwest Quarter of the Southeast Quarter of said Section; thence North and along the west
line of the Southwest Quarter of the Southeast Quarter, a distance of 135.90 feet; thence
Westerly, on a line parallel with the South line of Fourteenth Street, a distance of 210.96 feet
to the Point of Beginning of the tract to be herein described; thence Southerly and parallel
with the westerly line of said Block 248, a distance of 102.00 feet to a point; thence
Westerly, a distance of 210.96 feet, more or less to the point aforesaid as being 1,098.00 feet
southerly along the Southerly continuation of the West line of said Block 248; thence
Northerly, along the Southerly extension of the West line of said Block 248, a distance of
102.00 feet; thence Easterly, and parallel with the South line of Fourteenth Street, a distance
of 210.99 feet to the Place of Beginning.
excepting therefrom the West 150 feet of the tract herein described.
Area 21
Owner: Barbara Seelye
Zoning Designation: City R-2 (Single Family Residential)
Assessor#( 0779655 - Tract 3F, Document Recording No. 199824316120
A tract of land in the Northwest Quarter of the Northwest Quarter of Section 21, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described
as follows:
Commencing at the southeast corner of NW 1/4NW 1/4 of Section 21; thence North 0° 10'00"
West, and along the easterly boundary line of said NW 1/4NW 1/4 30.0 feet to a point on the
northerly boundary line of Leisure Drive, thence North 45°51'00" West and along the
northerly boundary line of Leisure Drive, 348.32 feet to the true point of beginning of the
tract of land being described; thence North 45°51'00" West, and along the northerly
boundary line of Leisure Drive, 100.24 feet to a point; thence North 40°12'00" East 226.43
feet to the center of the Backwater of the Stillwater River; thence South 52°30'00" East, and
along the center of said Backwater, 100.13 feet to a point; thence South 40°12'00" West,
238.34 feet to the point of beginning and containing 0.53 acres of land, more or less.
PLANNING FOR THE FUTURE
September 28, 2009
Jane Howington, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Wholly Surrounded Area Annexations/Initial Zoning
Dear Jane:
Planning Department
201 ls` Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (4017 758-7739
www.kalispeB.com/plannin�
The Kalispell City Planning Board met on September 9, 2009, to consider a proposal for initial
zoning for eight parcels which were annexed by the city as wholly surrounded areas. The
parcels were all annexed by the city in July of this year.
P.J. Sorensen of the Kalispell Planning Department presented staff report KA-09-02
evaluating the revisions and recommended approval of the proposal. No comments were
received at the public hearing or in writing prior to the hearing relating to the zoning. There
was some concern, however, regarding Area 8 (located along West Northview Loop). The
property owner submitted a letter stating a concern that, since they are in negotiations with
MDOT on a portion of the lot for bypass right-of-way, annexation would require a new
appraisal. MDOT later confirmed that they would not require a new appraisal. Also, several
neighbors came to the public hearing requesting a delay in annexation until a ground water
issue could be addressed.
A motion was made and seconded to approve the proposed zoning designations. The motion
passed on a 6-0 vote.
Please schedule this matter for the October 5, 2009, regular Kalispell City Council meeting.
You may contact this board or P.J. Sorensen at the Kalispell Planning Department if you have
any questions.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt
President
BS/PJS/ma
Attachments: Staff report KA-09-02 and application materials
Draft minutes 9/09/09 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
I I 1 • I'
I: • 1 i •
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board
CALL
and Zoning Commission was called to order at 7:00 p.m.
Board members present were: Bryan Schutt, Rick Hull,
C.M. (Butch) Clark, Chad Graham, Troy Mendius and
Richard Grim. John Hinchey was absent. P.J. Sorensen,
Tom Jentz and Sean Conrad represented the Kalispell
Planning Department. There were 4 people in the audience.
APPROVAL OF MINUTES
Clark moved and Graham seconded a motion to approve the
minutes of the July 14, 2009 meeting of the Kalispell City
Planning Board and Zoning Commission.
ROLL CALL
The motion passed unanimously on a roll call vote.
PUBLIC COMMENT
No one wished to speak.
INITIAL ZONING/WHOLLY
A request by the City of Kalispell for initial zoning upon
SURROUNDED
annexation for eight annexations of property wholly
ANNEXATIONS
surrounded by the City. The specific areas and proposed
annexations for each are as follows (the numbering relates
to designations previously made by the City):
Area 8: Approximately 4.02 acres located on the south side
of West Northview Loop, more particularly described as a
tract of land located in Section 1, Township 28 North,
Range 22 West, Principal Meridian Montana, Flathead
County, Montana and more particularly described as Tract
6E with Assessor Number 0439590 records of Flathead
County, Montana. The proposed zoning designation is R-3
(Urban Single -Family Residential), which matches the
surrounding properties.
Area 9: Approximately .09 acres located on the west side of
Grandview Drive near Juniper Bend, more particularly
described as a tract of land located in Section 6, Township
28 North, Range 21 West, Principal Meridian, Montana,
Flathead County, Montana and more particularly described
as Tract 5ABO with Assessor Number 0942654; the West
portion of Lot A of Grandview Heights Lots 2 & 3 with
Assessor Number 0834460; and The Northwest portion of
Lot 2 Stotts Grand View with Assessor Number 0978227
records of Flathead County, Montana. The proposed zoning
designation is R-3 (Urban Single Family Residential), which
matches the properties to the east and south.
Area 11: Approximately .08 acres located on the north side
of East California Street between 4th and 5th Avenues EN,
more particularly described as a tract of land located in
Kalispell City Planning Board
Minutes of the meeting of September 9, 2009
Page 1 of 6
Section 8, Township 28 North, Range 21 West, Principal
Meridian, Montana, Flathead County, Montana and more
particularly described as tract 24 with Assessor Number
0409100 records of Flathead County, Montana. The
proposed zoning designation is R-3 (Urban Single Family
Residential), which matches the remainder of the lot and
the surrounding properties.
Area 12: Approximately .49 acres located on the south side
of East Oregon Street between 8th and 9th Avenues EN, more
particularly described as 4 tracts of land located in Section
8, Township 28 North, Range 21 West, Principal Meridian,
Montana, Flathead County, Montana and more particularly
described as Tracts 30XA 8s 30XAAA with Assessor Number
0321100; and Tracts 30XAA 8s 30XC with Assessor Number
0656750 records of Flathead County, Montana. The
proposed zoning designation is R-3 (Urban Single Family
Residential), which matches the properties on the west,
north, and south.
Area 15: Approximately 3.13 acres located on the west side
of South Meridian Road between West Center Street and 2nd
Street West, more particularly described as tracts of land
located in Section 13, Township 28 North, Range 22 West,
Principal Meridian, Montana, Flathead County, Montana
and more particularly described as Tract AA of Lot 11,
Hollister's Meridian Tracts & Tract AA of Lot 12, Hollister
Meridian Tracts with Assessor Number 0011421; the East
132.5 feet of Lots 11 and 12 of Hollister Meridian Tracts
and 11C with Assessor Number 0767756; Tract 11E with
Assessor Number 0624450; The East 188.1 feet of Lot 13 of
Hollister Meridian Tracts and Lot 4 of Hollister Meridian
Tracts with Assessor Number 0134950; the East 188.1 feet
of Lot 15 of Hollister Meridian Tracts and Tract A of Lot 14
of Hollister Meridian Tracts with Assessor Number
0134900; and Tract 11DA with Assessor Number 0019625
records of Flathead County, Montana. The proposed zoning
designation is R-4 (Two Family Residential), which matches
the properties to the south.
Area 18: Approximately .09 acres south of 18th Street East
and west of 5th Avenue East, more particularly described as
2 tracts of land located in Section 20, Township 28 North,
Range 21 West, Principal Meridian, Montana, Flathead
County, Montana and more particularly described as Tract
8NE, excepting the East 150 feet, with Assessor Number
0036450 and Tract 8NEA, excepting the East 38.36 feet,
with Assessor Number 0707490 records of Flathead County,
Montana. The proposed zoning designation is RA-1 (Low
Density Residential), which matches the properties to the
north and east.
Area 19: Approximately .12 acres east of 5th Avenue East
Kalispell City Planning Board
Minutes of the meeting of September 9, 2009
Page 2 of 6
and north of 18th Street East, more particularly described as
a tract of land located in Section 17, Township 28 North,
Range 21 West, Principal Meridian, Montana, Flathead
County, Montana and more particularly described as Tract
5Z, excepting the West 150 feet, with Assessor Number
0431221 records of Flathead County, Montana. The
proposed zoning designation is RA-1 (Low Density
Residential Apartment), which matches the remainder of the
lot and the surrounding properties.
Area 21: Approximately .54 acres near the intersection of
Leisure Drive and Windriver Drive, more particularly
described as a tract of land located in Section 21, Township
28 North, Range 21 West, Principal Meridian, Montana,
Flathead County, Montana and more particularly described
as Tract 3F with Assessor Number 0779655 records of
Flathead County, Montana. The proposed zoning
designation is R-2 (Single Family Residential), which
matches the surrounding properties.
STAFF REPORT -09-02 I P.J. Sorensen, representing the Kalispell Planning
Department reviewed staff report KA-09-02.
Sorensen said this is the initial zoning for a number of wholly
surrounded annexations that the Kalispell City Council
approved in July, effective in October. Sorensen noted the
question of annexation is not in front of the board just the
appropriate zoning to assign to the different areas.
Sorensen continued a couple years ago there were 22 wholly
surrounded areas that were identified and last year about 6
annexations and initial zoning designations were completed.
This year there were a total of 9 areas that were annexed
however one of the property owners requested an expedited
annexation due to trying to get an extension of utilities to
their property so the initial zoning tonight is for 8 areas.
Sorensen noted for area #8 a letter was received from the
property owner who had concerns because they are trying to
fmahze the negotiations for the purchase of R/W for the
bypass and felt that annexation would mean having to go
back and getting another appraisal on the property. The
property owner is requesting that area #8 be excluded from
annexation until a sale is finalized with MDT. Sorensen said
he intends to talk with MDT tomorrow about this issue,
however the annexation for the property has already taken
place and staff feels if there was any impact it would be to
the property owner's advantage to be annexed into the city. A
copy of the letter is attached to the minutes. Sorensen added
the property owner had no objection to the proposed R-3
zoning for this area.
Sorensen described the location of the remaining areas, the
Kalispell City Planning Board
Minutes of the meeting of September 9, 2009
Page 3 of 6
size and developments on each, and the recommended
zoning for each.
BOARD QUESTIONS Schutt asked when the annexations will take place and
Sorensen said the council has already approved the
annexations. Sorensen reviewed that process for the board.
Schutt asked if area #8 should be set aside, although he
would assume land in the city limits would be appraised at a
higher value than land in the county and Sorensen said it
would probably benefit the landowner to be city property
because there would be the potential to subdivide the
property.
Clark asked if there were any other property owners who
contacted staff and Sorensen noted he received some
questions from adjoining property owners to area #9 because
they thought there would be a boundary line adjustment that
would affect their property. However, after the process was
explained to them they didn't have any objections. Sorensen
added early on in the process he spoke to 2/3rds of the
property owners directly and explained why the city was
annexing the properties. Sorensen indicated most of them
had expected to be annexed into the city at some point.
Graham asked why these properties were not automatically
annexed when the rest of the surrounding properties were
annexed. Sorensen said every area is different and he
explained further.
Schutt asked how many of these areas have homes and
Sorensen said in this category most of them do.
Mendius asked what effect annexation and R-4 zoning will
have on the non -conforming business in area 15. Sorensen
said they would be grandfathered in and added if they are
legal now they will be legal when they come into the city.
Sorensen said can continue to operate as they have and they
have the ability to expand with a conditional use permit.
Jentz added they are a non -conforming business in the
county currently so they won't be treated any differently in
the city.
Clark asked if there was a difference in the amount of
expansion allowed under the county and city zoning and
Sorensen said in the city they can expand up to 25% with an
administrative conditional use permit and up to 50% with a
full conditional use permit. Jentz confirmed the county
regulations are similar in regards to expansion; however the
county would probably allow a greater amount of expansion.
APPLICANT/CONSULTANTS I None.
Kalispell City Planning Board
Minutes of the meeting of September 9, 2009
Page 4 of 6
PUBLIC HEARING
Stan Amon, 61 West Northview Loop said in regards to area
#8, which is adjacent to Northview Loop, they would like to
object to the annexation of that area until the water
problems in their neighborhood are corrected by the city.
Amon said they believe there is a natural spring around lots
27 8s 28 which is creating water problems all the way down
the street to lot 32. Amon said it doesn't seem to be surface
water, it seems to be underground water and they have water
in their crawl space and the 2 houses at the end of the block
on lots 27 &, 28 have had to do extensive rebuilding of their
landscaping because there is more water than they can
handle with a sump pump. Amon said since these lots are on
top of the hill the water could flow into area 8.
Hull suggested Mr. Amon address this problem with the
Public Works Department and Amon said he has talked to
them but so far they haven't gotten a response. Sorensen
said Mr. Amon spoke with staff yesterday in Planning who
referred him to Public Works and Public Works is looking
into it.
MOTION
Schutt moved and Clark seconded a motion to adopt staff
report #KA-09-02 as findings of fact and recommend to the
Kalispell City Council that the initial zoning for these
properties upon annexation be as follows:
Areas 8, 9, 11 & 12: R-3 (Urban Single Family Residential)
Area 15: R-4 (Two -Family Residential)
Areas 18 8v 19: RA-1 (Low Density Residential Apartment)
Area 21: R-2 (Single Family Residential)
BOARD DISCUSSION
Schutt asked again if it would be worthwhile to pull area 8
out of the zoning based on the property owner's request.
Sorensen reminded the board that the question of
annexation is not before the board tonight and even if it
were it is staff's opinion there wouldn't be any significant
impact and if they find out differently the city council could
remove that property from the ordinance. Jentz added the
annexation that occurred in July has probably already been
factored into the negotiations with MDT.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
Conrad reviewed a letter received today from Norma Ryan,
who wrote to express her continued concerns with the
approval of the 23-unit senior apartment building on
Grandview Drive, proposed by ASI, Inc. Conrad read the
letter into the record. A copy is attached to the minutes.
NEW BUSINESS:
Jentz noted there will be a planning board work session on
September 22, 2009 and he added, at this time there are no
projects scheduled for the October regular meeting of the
Kalispell City Planning Board
Minutes of the meeting of September 9, 2009
Page 5 of 6
planning board. However, there will be a work session.
There was discussion regarding the slow economy and the
affect it is having on already approved subdivisions. Jentz
noted there is one preliminary plat that will expire in
November which is Spring Prairie Center, Phase 3, the
commercial subdivision on Section 36 where the Kohl's was
to be located. Staff has met with them and they feel it is in
their best interest, financially, to let the plat expire. The
developers of the remaining approved subdivisions still have
the option to request a one-year extension. Griffin asked if
the subdivision is sold does that trigger a new round of
reviews and Jentz said no, the approvals and conditions are
attached to the subdivision.
ADJOURNMENT
The meeting adjourned at approximately 7:30 p.m.
WORK SESSION
A work session was held following the regular meeting to
discuss the following:
1. Zoning Ordinance Update
NEXT MEETING
The next work session of the Kalispell City Planning Board
and Zoning Commission is scheduled for Tuesday,
September 22, 2009 at 7:00 p.m. in the Kalispell City
Council Chambers located at 201 First Avenue East in
Kalispell.
The next regular meeting of the Kalispell City Planning
Board and Zoning Commission is scheduled for Tuesday,
October 13, 2009, at 7:00 p.m. in the Kalispell City
Council Chambers located at 201 First Avenue East in
Kalispell.
Bryan H. Schutt Michelle Anderson
President Recording Secretary
APPROVED as submitted/corrected: / /09
Kalispell City Planning Board
Minutes of the meeting of September 9, 2009
Page 6 of 6
September 8, 2009
Kalispell Planning Board
201 First1 ivevae East
Kalispell MT 59901
KALISPELL PLANNING DEPARTMENT
Accessible Space Inc.
Low -Income Senior Housing, Grandview Ave.
Dear Planning board Members:
For the record: those of us who surround the above -mentioned property will
be greatly and unpleasantly affected by this project. I have stated it is too big
and too busy for this location. The oversized building is one thing but it will
create:an incredible amount of automobile actiAty on Grandview and.
Commons: Way private cars of 23 residents plus their visiting families, city
services; including trash pickup, and emergency vehicles. In addition to the
noise, pollution from all these vehicles will be a negative factor. And all these
same vehicles will add a tremendous amount of congestion to an already
congested area at Hwy. 93 and Commons Way.
I think this housing project will be an unattractive and disruptive addition to
this established, quiet and pleasant neighborhood
Thank you..
Sincerely,
City of Kalispell
Planning Department
201 1st Ave. East
Kalispell, MT 59901
September 9, 2009
RE: Annexation Area 8
249 Three Mile Drive
Currently we are in negotiations with the Montana Department of
Transportation in regard to the sale of area 8, which is included in the
future Kalispell Westside Bypass. We are asking at this time that area 8
be excluded from annexation until a sale is finalized with the MDOT to
eliminate any possible future liabilities. In our opinion, annexation at
this time would compel MDOT and ourselves to seek new appraisals,
which would be costly and time consuming.
Sincerely,
t
Mark L. and Mi
Cc: Marshall Murray
City Manager — Jane Howington
Enclosures
CITY OF KALISPELL
REQUEST FOR INITIAL ZONING UPON ANNEXATION
WHOLLY SURROUNDED AREAS
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KA-09-02
SEPTEA BER 9, 2009
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
the initial zoning upon annexation to the city for eight wholly surrounded areas. A
public hearing has been scheduled before the planning board for Wednesday,
September 9, 2009, 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. Please note the meeting will be held on Wednesday due to the Labor Day
Holiday.
A recent self -audit by the GIS (computerized mapping) department with the county
revealed that a number of properties (and small parts of properties) which were either
presumed to be within the City of Kalispell or were never annexed for various reasons.
Wholly surrounded properties can pose several service problems, particularly for
emergency/911 services. The City Council decided to begin annexation of these parcels
as part of a general housekeeping effort to bring more consistency to the city
boundaries. Resolution 5373 was passed by the Council under the provisions of Title 7,
Part 45, Montana Code Annotated (Annexation of Wholly Surrounded Land). The
Resolution annexed the properties effective October 21, 2009 (the Resolution included
nine areas, but the annexation and zoning for one of the areas was accelerated at the
owner's request). Each of the property owners were directly contacted prior to the
annexations.
This report evaluates the appropriate assignment of City zoning classifications for the
eight areas in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance
A. Petitioner: City of Kalispell
201 1st Avenue East
Kalispell, MT 59901
(406) 758-7940
B. Location and Legal Description of Properties/Size/Property Owners/Proposed
Zoning: The areas listed below are numbered according to a numbering system
used by the City Council. A total of 22 areas have been identified for possible
annexation. This report addresses eight specific wholly surrounded areas which
either have sewer/water service or have such service in the immediate vicinity.
Last year, six areas were annexed, which were listed as areas 2, 3, 4, 6, 7, and
10. Those areas consisted of properties or portions of properties which did not
contain structures and did not have any issues related to provision of services.
Area 8: Approximately 4.02 acres located on the south side of West Northview
Loop, more particularly described as a tract of land located in Section 1, Township
28 North, Range 22 West, Principal Meridian Montana, Flathead County, Montana
and more particularly described as Tract 6E with Assessor Number 0439590
records of Flathead County, Montana. The proposed zoning designation is R-3
(Urban Single -Family Residential), which matches the surrounding properties.
Owner: Mark Hensley.
Area 9: Approximately .09 acres located on the west side of Grandview Drive near
Juniper Bend, more particularly described as a tract of land located in Section 6,
Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead
County, Montana and more particularly described as Tract 5ABO with Assessor
Number 0942654; the West portion of Lot A of Grandview Heights Lots 2 8v 3 with
Assessor Number 0834460; and The Northwest portion of Lot 2 Stotts Grand View
with Assessor Number 0978227 records of Flathead County, Montana. The
proposed zoning designation is R-3 (Urban Single Family Residential), which
matches the properties to the east and south. Owners: Morning Sun Inv.; Peter
and Mary Fusaro; Richard and Lorraine Stotts.
Area 11: Approximately .08 acres located on the north side of East California
Street between 4+h and 5th Avenues EN, more particularly described as a tract of
land located in Section 8, Township 28 North, Range 21 West, Principal Meridian,
Montana, Flathead County, Montana and more particularly described as tract 24
with Assessor Number 0409100 records of Flathead County, Montana. The
proposed zoning designation is R-3 (Urban Single Family Residential), which
matches the remainder of the lot and the surrounding properties. Owner: Loretta
Johnson.
Area 12: Approximately .49 acres located on the south side of East Oregon Street
between 8+h and 9th Avenues EN, more particularly described as 4 tracts of land
located in Section 8, Township 28 North, Range 21 West, Principal Meridian,
Montana, Flathead County, Montana and more particularly described as Tracts
30XA 8v 30XAAA with Assessor Number 0321100; and Tracts 30XAA 8v 30XC with
Assessor Number 0656750 records of Flathead County, Montana. The proposed
zoning designation is R-3 (Urban Single Family Residential), which matches the
properties on the west, north, and south. Owners: Clark Henley; Donnell Timm
and Rebecca Hampton.
Area 15: Approximately 3.13 acres located on the west side of South Meridian
Road between West Center Street and 2nd Street West, more particularly described
as tracts of land located in Section 13, Township 28 North, Range 22 West,
Principal Meridian, Montana, Flathead County, Montana and more particularly
described as Tract AA of Lot 11, Hollister's Meridian Tracts 8s Tract AA of Lot 12,
Hollister Meridian Tracts with Assessor Number 00 1142 1; the East 132.5 feet of
Lots 11 and 12 of Hollister Meridian Tracts and 11C with Assessor Number
0767756; Tract 1 lE with Assessor Number 0624450; The East 188.1 feet of Lot 13
of Hollister Meridian Tracts and Lot 4 of Hollister Meridian Tracts with Assessor
Number 0134950; the East 188.1 feet of Lot 15 of Hollister Meridian Tracts and
Tract A of Lot 14 of Hollister Meridian Tracts with Assessor Number 0134900; and
Tract 11DA with Assessor Number 0019625 records of Flathead County, Montana.
The proposed zoning designation is R-4 (Two Family Residential), which matches
the properties to the south. Owners: Ron and Edna Carter; John and Angelique
McCrorie; Ricky and Susan Oikle; Gary and Ruby Anderson.
OA
Area 18: Approximately .09 acres south of 18th Street East and west of 5th Avenue
East, more particularly described as 2 tracts of land located in Section 20,
Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead
County, Montana and more particularly described as Tract 8NE, excepting the East
150 feet, with Assessor Number 0036450 and Tract 8NEA, excepting the East
38.36 feet, with Assessor Number 0707490 records of Flathead County, Montana.
The proposed zoning designation is RA-1 (Low Density Residential), which matches
the properties to the north and east. Owners: Norman and Jolene Bjelland;
Thomas Price.
Area 19: Approximately .12 acres east of 5th Avenue East and north of 18th Street
East, more particularly described as a tract of land located in Section 17, Township
28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana
and more particularly described as Tract 5Z, excepting the West 150 feet, with
Assessor Number 0431221 records of Flathead County, Montana. The proposed
zoning designation is RA-1 (Low Density Residential Apartment), which matches
the remainder of the lot and the surrounding properties. Owners: Michael and
Donna Delage.
Area 21: Approximately .54 acres near the intersection of Leisure Drive and
Windriver Drive, more particularly described as a tract of land located in Section
21, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead
County, Montana and more particularly described as Tract 3F with Assessor
Number 0779655 records of Flathead County, Montana. The proposed zoning
designation is R-2 (Single Family Residential), which matches the surrounding
properties. Owner: Barbara Seelye.
C. Existing Land Use/General Land Use Character: All of the areas are primarily
single-family residential. Area 15 along Meridian Road has an HVAC contractor's
office in addition to multiple single-family residences.
D. Adjacent Land Uses and Zoning: Areas 8, 9, 11, and 12 are all primarily
surrounded by R-3 (Urban Single Family Residential) zones; Area 9 is bordered on
the west by an RA-1 (Low Density Residential Apartment) zone; and Area 12 is
bordered on the south by an RA-1 (Low Density Residential Apartment).
Area 15 is bordered by R-4 (Two Family Residential) to the south, B-1
(Neighborhood Buffer District) on the west and north, B-2 (General Business) on
the north and east, and P-1 (Public) on the east.
Area 18 contains portions of two lots currently zoned RA-1 (Low Density residential
Apartment), which is the zoning designation to the north and east. It is bordered
by I-1 (Light Industrial) to the west and B-2 (General Business) to the south.
Area 19 is surrounded by RA-1 (Low Density Residential Apartment).
Area 21 is surrounded by R-2 (Single Family Residential).
E. Availability of Public Services and Extension of Services: Public services,
including water and sewer, are currently available to these sites. The areas are
either currently served by water/sewer service or have lines in the immediate
vicinity.
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 proposed zones substantially match the surrounding properties which are
already in the city. The zones are in compliance with the City of Kalispell Growth
Policy.
2. Is the requested zone designed to lessen congestion in the streets?
Since no new uses or structures are expected, there is no additional increase in
the traffic in the area which will result from the proposed zoning of the
properties.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the sites in the case of an
emergency. There are no features related to the properties which would
compromise the safety of the public. New construction will be required to be in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal services including police service and fire protection
are available to the properties. All of the areas are currently either served by city
water/sewer, or have lines in the immediate vicinity.
4. Will the requested zone promote the health and general welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for any development which may later
occur on these sites 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?
Since public water and sewer are available to the areas, the land use
designations are appropriate. The anticipated density generally falls within the
given zoning designation. All public services and facilities will be available to
4
serve these properties. An overcrowding of land would occur if infrastructure
were inadequate to accommodate the development in the area. This is unlikely to
occur.
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 if the properties are
further 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 in the immediate vicinity
or can be provided to the properties. Development should be encouraged in
areas where these services are available.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed zoning districts are consistent with the surrounding zoning and
land uses in the area and gives due consideration of the suitability of these
properties for the permitted uses in the district.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the surrounding area around each property is reflected
in the proposed zone, which closely matches the existing zoning of the adjoining
properties.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the zoning will
promote compatible and like uses on this property as are found on other
properties in the area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Urban scale residential development should be encouraged in areas where
services and facilities are available. The proposed zoning is consistent with the
growth policy and surrounding zoning in the area.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-09-02 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for these properties upon annexation be as follows:
5
Area 8:
R-3 (Urban Single Family Residential)
Area 9:
R-3 (Urban Single Family Residential)
Area 11:
R-3 (Urban Single Family Residential)
Area 12:
R-3 (Urban Single Family Residential)
Area 15:
R-4 (Two -Family Residential)
Area 18:
RA-1 (Low Density Residential Apartment)
Area 19:
RA-1 (Low Density Residential Apartment)
Area 21:
R-2 (Single Family Residential)
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5373
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN TRACTS OF LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on June 1, 2009, the City Council passed Resolution No. 5371 declaring an intention
to annex wholly surrounded tracts of land, which are more particularly described in
Exhibit "A", attached hereto and thereby made a part hereof, pursuant to the
provisions of Title 7, Part 45 Montana Code Annotated (Annexation of Wholly
Surrounded Land); and
WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by
publishing such notice on June 21 and June 28, 2009, as provided in MCA 7-1-4127;
and
WHEREAS, the City Clerk received no "Protest/Disapproval" letters regarding the proposed
extension of the boundaries of said City, and
WHEREAS, on September 20, 2004, the City Council amended, pursuant to Section 7-2-4305,
MCA, an Extension of Services Plan which anticipates development of City services
for approximately five years in the future, and
WHEREAS, said "Extension of Services Plan" provides for financing the municipal services and
maintenance of existing services by utilizing funds allocated and expended pursuant
to the annual City budget without incurring additional bonded indebtedness, and
WHEREAS, said real property described in Exhibit "A" is included within and conforms with the
Kalispell Growth Policy 2020.
EXHIBIT "A"
AREA 8 - TRACT 6E, ASSESSOR# 0439950, DOCUMENT RECORDING NO.199821211550
A parcel of land in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) of Section 1,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly
described as follows:
Beginning at a point, the accepted Southwest corner of said Section l; Thence North 67043 *20" East
a distance of 1432.19 feet to a point on the Westerly boundary of said Southeast Quarter of the
Southwest Quarter, the True Point of Beginning; Thence North 00°57'42" East along the Westerly
boundary of said Southeast Quarter of the Southwest Quarter a distance of 318.54 feet to a point;
Thence South 8717'11" East a distance of 591.69 feet to a point; Thence South 5°36'29" West a
distance of 291.75 feet to a point; Thence South 89°59' 16" West a distance of 567.87 feet to the
True Point of Beginning.
AREA 9 - TRACT 5ABO, ASSESSOR# 0942654, DOCUMENT RECORDING NO.
199834516300
That portion of Lot 13, Section 6, Township 28 North, Range 21 West, Flathead County, Montana,
described as follows:
Beginning at the Southwest corner of Lot 4, Grand View Addition to Kalispell; then along the West
line of Lot 4, North 2°56'35" East 49.90 feet to the Southeast corner of that parcel described in Book
of Deeds 504, Page 193; then along the South line of said parcel South 88'58' 17" West 39.04 feet;
then South 3°16'32" West 49.79 feet to the Northwest corner of that parcel shown on Certificate of
Survey No. 1128; then along the north line of said parcel North 891109135" East 39.20 feet to the
Point of Beginning.
Together with:
Assessor# 0834460 - The West portion of Lot A of Grandview Heights Lots 2 & 3 Amd Assessor#
0978227 - The Northwest portion of Lot 2, Stotts Grand View
AREA 11- TRACT 24, ASSESSOR# 0409100, TRACT 1A OF CERTIFICATE OF SURVEY
NO.7945
A tract of land in the Southwest Quarter of the Northwest Quarter of Section 8, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the northwest corner of said Southwest Quarter of the Northwest Quarter; Thence
South 00'48'31" West along the west line of said Southwest Quarter of the Northwest Quarter,
453.52 feet, to the point of beginning of the tract herein described; Thence continuing South
00°48' 31" West along the west line of said Southwest Quarter of the Northwest Quarter, 154.59 feet
to a point on the north R/W line of California Street; thence North 76°49'03' East along the
northerly R/W line of California Street, 59.37 feet; thence North 13°10'57" West, 96.42 feet; thence
North 35°30' 11" West, 57.92 feet to the point of beginning and containing 0.127 acres of land.
AREA 12 - TRACT 30XA AND 30XAAA, ASSESSOR# 0321100, DOC RECORDING NO.
200013616390
A tract of land Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) of Section 8, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as
follows:
Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of
Block B of Duncan's Addition to Kalispell, Montana, according to the map or plat thereof on file and
of record in the office of the Clerk and Recorder of Flathead County, Montana, and which point is
situated on the continuation in a straight line and in an Easterly direction of the South boundary line
of Block B; thence North 13°42'00" West, a distance of 300 feet to the True Point of Beginning of
the tract hereby conveyed; thence North 76°18'00" East, a distance of 58 feet: thence South
13°42'00" East, a distance of 150 feet; thence South 76'18'00" West, a distance of 58 feet; thence
North 13°42'00" West, a distance of 150 feet to the True Point of Beginning.
Together with:
Tract 30XAA and 30XC, Assessor# 0656750, Doc Recording No. 200800025017
A tract of land Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) of Section 8, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as
follows:
Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of
Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the continuation of the
southerly line of said Block B; thence North 13°42' 00" West 300 feet; thence North 76'18'00" East
50 feet to the True Point of Beginning; thence North 76'18'00" East 83 feet: thence South 13°42'00"
East 150 feet; thence South 76'18'00" West 83 feet; thence North 13°42'00" West 150 feet to the
True Point of Beginning.
Excepting therefrom:
Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of
Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the continuation of the
southerly line of said Block B; thence North 13°42'00" West 300 feet, thence North 76'18'00" East
50 feet to the True Point of Beginning; thence North 76'18'00" East 8 feet: thence South 13 042' 00"
East 150 feet; thence South 76'18'00" West 8 feet; thence North 13°42'00" West 150 feet to the
True Point of Beginning.
AREA 15
Multiple tracts of land in the Northeast Quarter of the Northeast Quarter of Section 13, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as
follows:
Assessor# 0011421 Doc Recording No. 200603216190; Tract AA of Lot 11, Hollister's Meridian
Tracts & Tract AA of Lot 12, Hollister Meridian Tracts
Assessor# 0767756 Doc Recording No. 200218312080; The East 132.5 feet of Lots 11 and 12 of
Hollister Meridian Tracts,
Together with:
Tract 11C - A tract of land located in the NE1/4NE1/4 of Section 13, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana, described as follows:
Commencing 30.00 feet west and 576.00 feet south of the Northeast corner of said Section 13, being
the Place of Beginning for the tract herein described: thence West a distance of 200 feet to a point;
thence South a distance of 80.00 feet to a point; thence East paralleling the North boundary line
thereof 200 feet of the West boundary of the County Highway; thence North a distance of 80.00 feet
along the West boundary of said highway to the Place of Beginning.
Assessor# 0624450 Tract 11E, Doc Recording No. 20043031110
A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of
Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Commencing at northeast corner of the Northeast Quarter of Section 13, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana; thence along the east boundary of said Northeast
Quarter, South 01 009'46" West 663.43 feet; thence North 89°35'41" West 37.00 feet to a set iron pin
on the westerly R/W of Meridian Road, which is the True Point of Beginning of the tract of land
herein described: Thence along said R/W South 01 °09'46" West 79.94 feet to a set iron pin; thence
leaving said R/W North 89' 11' 56" West 207.60 feet to a set iron pin; thence North 00' 10,48" west
78.50 feet to a set iron pin; thence South 89°35'41" East 209.45 feet to the point of beginning and
containing 0.379 acres. (Tract 1 of Retracement Certificate of Survey No. 13395)
Assessor# 0134950 - The East 188.1 feet of Lot 13 of Hollister Meridian Tracts and Lot 4 of
Hollister Meridian Tracts
Assessor# 0134900 The East 188.1 feet of Lot 15 of Hollister Meridian Tracts and Tract of Lot 14
of Hollister Meridian Tracts
Assessor# 0019625 - Tract 11DA, Doc Recording No. 200300214450
A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of
Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Beginning at a point 30 feet West of and 816 feet South of the Northwest corner of Section 13;
thence West 200 feet; thence South 85 feet; thence East and parallel with the North boundary of said
tract herein described, a distance of 200 feet to the West boundary of Meridian Road; thence north
along the West boundary of said road, a distance of 85 feet to the Point of Beginning.
AREA 18
Assessor# 0036450, (Tract SNE, excepting the East 150 feet) Document Recording No.
200630413420
A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 89°33' 00" West, along the north section line 363 feet to a point; thence South 13 °21'00" East,
125 feet; thence South 76°39'00" west, a distance of 111.64 feet; thence North 13°21'00" West, a
distance of 152.90 feet, more or less, to the north line of said Section; thence North 89°33'00" west
along the section line, a distance of 56.30 feet to a point, which is 534.50 feet from the. Northeast
corner of said Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, a distance
of 213.12 feet to a point; thence North 76°39'00" East, approximately 164 feet to a point; thence
North 13°21'00" West, a distance of 50.00 feet to the place of beginning.
Excepting therefrom a tract of land described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 89°33'00" West, along the north section line 363 feet to a point; thence South 13 021'00" East,
125 feet; thence South 76°39'00" West, 111.64 feet to the place of beginning; thence North
13021'00" West, 152.9 feet, more or less to the north line of said Section; thence North 89°33'00"
West, along the section line 56.3 feet to a point which is 534.5 feet from the Northeast corner of said
Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, 163.2 feet to a point;
thence North 76°39'00" East, approximately 56 feet to the place of beginning. (Tract 8NEA)
Further excepting therefrom the East 150 feet of the tract herein described.
Assessor# 0707490, (Tract 8NEA, excepting the East 38.36 feet) Document Recording No.
200800021001
A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 89°33' 00" West, along the north section line 363 feet to a point; thence South 13°21'00" East,
125 feet; thence South 76°39'00" West, 111.64 feet to the place of beginning; thence North
13°21'00" West, 152.9 feet, more or less to the north line of said Section; thence North 8993'00"
West, along the section line 56.3 feet to a point which is 534.5 feet from the Northeast corner of said
Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, 163.2 feet to a point;
thence North 7699'00" East, approximately 56 feet to the place of beginning. (Tract 8NEA)
Excepting therefrom the East 38.36 feet of the tract herein described.
AREA 19
Assessor# 0431221, (Tract 5Z, excepting the West 150 feet) Document Recording No.
199817715210
A tract of land in the Southeast Quarter of the Southwest Quarter of Section 17, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at a point 1,098.00 feet Southerly from the Southwest corner of Block 248 of Kalispell
Townsite Company's Addition Number 7 to Kalispell, Montana, according to the recorded plat
thereof, records of Flathead County, Montana, at which point is on the line which is a southerly
continuation of the West line of said Block 248; thence Southerly, and along a line which is the
Southerly continuation of the West line of Block 248, a distance of 30.00 feet to a point; thence
Easterly at right angles, on a line parallel with the Southerly line of Fourteenth Street, a distance of
389.92 feet, more or less, to the West line of the Southwest Quarter of the Southeast Quarter of said
Section; thence North and along the west line of the Southwest Quarter of the Southeast Quarter, a
distance of 135.90 feet; thence Westerly, on a line parallel with the South line of Fourteenth Street, a
distance of 210.96 feet to the Point of Beginning of the tract to be herein described; thence Southerly
and parallel with the westerly line of said Block 248, a distance of 102.00 feet to a point; thence
Westerly, a distance of 210.96 feet, more or less to the point aforesaid as being 1,098.00 feet
southerly along the Southerly continuation of the West line of said Block 248; thence Northerly,
along the Southerly extension of the West line of said Block 248, a distance of 102.00 feet; thence
Easterly, and parallel with the South line of Fourteenth Street, a distance of 210.99 feet to the Place
of Beginning.
Excepting therefrom the West 150 feet of the tract herein described.
AREA 21
Assessor# 0779655 - Tract 3F, Document Recording No. 199824316120
A tract of land in the Northwest Quarter of the Northwest Quarter of Section 21, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows:
Commencing at the southeast corner of NW1/4NW1/4 of Section 21; thence North 0°10'00" West,
and along the easterly boundary line of said NW1/4NW1/4 30.0 feet to a point on the northerly
boundary line of Leisure Drive, thence North 45°51' 00" West3 and along the northerly boundary line
of Leisure Drive, 348.32 feet to the true point of beginning of the tract of land being described;
thence North 45°51'00" West, and along the northerly boundary line of Leisure Drive, 100.24 feet to
a point; thence North 40'12'00" East 226.43 feet to the center of the Backwater of the Stillwater
River; thence South 52°30'00" East, and along the center of said Backwater, 100.13 feet to a point;
thence South 40°12'00" West, 238.34 feet to the point of beginning and containing 0.53 acres of
land, more or less.
AREA 22 — DOCUMENT RECORDING NO.200400216230
Assessor# 0972913 and 0976768 — Parcel B of Certificate of Survey No. 9057, Sky Harbor
Court Condo, Units 1 and 2 more particularly described as follows:
That portion of the NW1/4SE1/4 of Section 20, township 28 North, Range 21 West, Principal
Meridian, Flathead County, Montana, described as follows:
Commencing at the most northerly corner of that tract shown as Tract 1 on Certificate of Survey No.
7123, records of Flathead County, Montana, said corner being on the Southwesterly Right -of -Way
line of U.S. Highway No. 93; thence along said Southwesterly Right -of -Way line, South 32°50'29"
East, a distance of 101.84 feet to the Point of Beginning of the parcel being described; thence
continuing along the Southwesterly Right -of -Way line, South 32°50'29" East, a distance of 97.84
feet; thence South 57°06'30" West, a distance of 140.00 feet; thence North 32°47'54' West, a
distance of 98.03 feet; thence North 57°10'59" East, a distance of 139.93 feet to the Point of
Beginning.
Together with:
Assessor# 0976769 - Tract 7CEB - Tract 1 of Certificate of Survey No. 11304
A tract of land in the NW1/4SE1/4 of Section 20, township 28 North, Range 21 West, Principal
Meridian, Flathead County, Montana, more particularly described as follows:
Beginning at the most Northerly corner of that tract as shown as Tract 1 on Certificate of Survey No.
7123, records of Flathead County, said corner being on the Southwesterly Right -of -Way of U.S.
Highway No. 93; thence South 32150'29" east along said R/W 101.74 feet to a found iron pin;
thence South 57°07' 14" west 139.93 feet to a found iron pin; thence South 32'48' 17" east 97.99 feet
to a found iron pin; thence South 57°06'30" West 58.42 feet to a found iron pin; thence North
32°50'27" West 97.95 feet to a found iron pin; thence South 57°03'48' west 149.33 feet to a found
iron pin; thence South 33°05'39" East 97.83 feet to a found nail; thence South 57'06'30" West
212.39 feet to a set iron pin; thence North 32°51' 16" west 100.06 feet to a found iron pin; thence
North 57007'08" East 300.36 feet to a found iron pin; thence North 32°53' 10" west 99.69 feet to a
set iron pin; thence North 57°06'30" East 259.44 feet to the Point of Beginning.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That all of the real property as is more particularly described in
Exhibit "A", attached hereto, shall be annexed to the City of Kalispell
and the boundaries of the City shall be altered to so provide.
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 said
territory and its citizens and property shall be 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 pursuant to,
and in accordance with, the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall become effective October 21, 2009.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 6TH DAY OF JULY, 2009.
Pamela B. Ken edy
Mayor
ATTEST:
'// � I , �/
Theresa White
City Clerk
APPLICANT: Wholly Surrounded Annexations/Zoning, Category B
FILE NO: KA-09-02
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where initial zoning is being proposed upon
annexation.
Date: ze
/,97
SEE ATTACHED MAPS & LISTS F/i q('q R
PLANNING FORTHE`FUTURE
Planning Department
201 1" Avenue East
Kalispell, NIT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeU.com/planninl4
You are being sent this notice because you are a property owner within 150 feet of the proposed
project noted below and will be most directly affected by its development. You have an opportunity to
present your comments and concerns at the meeting noted below. You may contact this office for
additional information or visit our website at www.kalispell.com/planning.
CORRECTED NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
September 9, 2008
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for
Wednesday, September 9:'_ 2009', beginning at 7:00 PM in the Kalispell City Council Chambers,
Kalispell City Hall, 201 First Avenue East, Kalispell. Please note this meeting is being held on
Wednesday due to the Labor Day Weekend. The planning board will hold a public hearing and take
public comments on the following agenda item. The Board will make a recommendation to the
Kalispell City Council who will take final action.
WHOLLY SURROUNDED ANNEXATIONS
INITIAL ZONING
A request by the City of Kalispell for initial zoning upon annexation for eight annexations of
property wholly surrounded by the City. The specific areas and proposed annexations for
each are as follows (the numbering relates to designations previously made by the City):
Area 8: Approximately 4.02 acres located on the south side of West Northview Loop, more
particularly described as a tract of land located in Section 1, Township 28 North, Range 22
West, Principal Meridian Montana, Flathead County, Montana and more particularly
described as Tract 6E with Assessor Number 0439590 records of Flathead County,
Montana. The proposed zoning designation is R-3 (Urban Single -Family Residential),
which matches the surrounding properties.
Area 9: Approximately .09 acres located on the west side of Grandview Drive near Juniper
Bend, more particularly described as a tract of land located in Section 6, Township 28
North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more
particularly described as Tract 5ABO with Assessor Number 0942654; the West portion of
Lot A of Grandview Heights Lots 2 & 3 with Assessor Number 0834460; and The
Northwest portion of Lot 2 Stotts Grand View with Assessor Number 0978227 records of
Flathead County, Montana. The proposed zoning designation is R-3 (Urban Single Family
Residential), which matches the properties to the east and south.
Area 11: Approximately .08 acres located on the north side of East California Street
between 4th and 5th Avenues EN, more particularly described as a tract of land located in
Section 8, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead
County, Montana and more particularly described as tract 24 with Assessor Number
0409100 records of Flathead County, Montana. The proposed zoning designation is R-3
(Urban Single Family Residential), which matches the remainder of the lot and the
surrounding properties.
Area 12: Approximately .49 acres located on the south side of East Oregon Street between
8th and 9th Avenues EN, more particularly described as 4 tracts of land located in Section
8, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County,
Montana and more particularly described as Tracts 30XA & 30XAAA with Assessor
Number 0321100; and Tracts 30XAA & 30XC with Assessor Number 0656750 records of
Flathead County, Montana. The proposed zoning designation is R-3 (Urban Single Family
Residential), which matches the properties on the west, north, and south.
Area 15: Approximately 3.13 acres located on the west side of South Meridian Road
between West Center Street and 2nd Street West, more particularly described as tracts of
land located in Section 13, Township 28 North, Range 22 West, Principal Meridian,
Montana, Flathead County, Montana and more particularly described as Tract AA of Lot
11, Hollister's Meridian Tracts & Tract AA of Lot 12, Hollister Meridian Tracts with
Assessor Number 00 1142 1; the East 132.5 feet of Lots 11 and 12 of Hollister Meridian
Tracts and 11C with Assessor Number 0767756; Tract 11E with Assessor Number
0624450; The East 188.1 feet of Lot 13 of Hollister Meridian Tracts and Lot 4 of Hollister
Meridian Tracts with Assessor Number 0134950; the East 188.1 feet of Lot 15 of Hollister
Meridian Tracts and Tract A of Lot 14 of Hollister Meridian Tracts with Assessor Number
0134900; and Tract 11DA with Assessor Number 0019625 records of Flathead County,
Montana. The proposed zoning designation is R-4 (Two Family Residential), which
matches the properties to the south.
Area 18: Approximately .09 acres south of 18th Street East and west of 5th Avenue East,
more particularly described as 2 tracts of land located in Section 20, Township 28 North,
Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more
particularly described as Tract 8NE, excepting the East 150 feet, with Assessor Number
0036450 and Tract 8NEA, excepting the East 38.36 feet, with Assessor Number 0707490
records of Flathead County, Montana. The proposed zoning designation is RA-1 (Low
Density Residential), which matches the properties to the north and east.
Area 19: Approximately .12 acres east of 5th Avenue East and north of 18th Street East,
more particularly described as a tract of land located in Section 17, Township 28 North,
Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more
particularly described as Tract 5Z, excepting the West 150 feet, with Assessor Number
0431221 records of Flathead County, Montana. The proposed zoning designation is RA-1
(Low Density Residential Apartment), which matches the remainder of the lot and the
surrounding properties.
Area 21: Approximately .54 acres near the intersection of Leisure Drive and Windriver
Drive, more particularly described as a tract of land located in Section 21, Township 28
North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more
particularly described as Tract 3F with Assessor Number 0779655 records of Flathead
County, Montana. The proposed zoning designation is R-2 (Single Family Residential),
which matches the surrounding properties.
Documents pertaining to these agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views and concerns
known to the Board. Written comments may be submitted to the Kalispell Planning
Department at the above address, prior to the date of the hearing, or you may call us at (406)
758-7940, or e-mail us at planning(crkalispell.com for additional information.
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VICINITY MAP • — — — - CITY LIMITS
INITIAL ZONING OF WHOLLY SURROUNDED PROPERTY #8
APPROXIMATELY 4.02 ACRES LOCATED ON THE SOUTH SIDE OF
WEST NORTHVIEW LOOP. THE PROPOSED ZONING FOR THE PROPERTY
IS CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL)
KALISPELL CITY COUNCIL APPROVED ANNEXATION OF THE PROPERTY
JULY 6, 2009 EFFECTIVE OCTOBER 21, 2009.
u u-6L o
AMON LIVING TRUST BISHOP, JASON & HEATHER BLANCH, G MARSDEN
61 W NORTHVIEW LOOP 57 W NORTHVIEW LOOP 11506 SOUTH STATE ST
KALISPELL, MT 59901 KALISPELL, MT 59901 DRAPER, UT 84020
BOYARSKI, MIKE BRILES, CATHERINE L BYRNE, PEGGY M
2515 FARM TO MARKET RD 10 E NORTHVIEW LOOP 53 W NORTHVIEW LOOP
KALISPELL, MT 59901 KALISPELL, MT 59901 KALISPELL, MT 59901
CASSEL, ALVIRA CLARK MONTANA CO LLC CUTLER, MARK G & JOANN L
71 W NORTHVIEW LOOP P.O. BOX 986 24 W NORTHVIEW LOOP
KALISPELL, MT 59901 KALISPELL, MT 59903 KALISPELL, MT 59901
DIEDE, DEBBY
DUTTER, TIMOTHY & SHELBEY
FREY, BRIAN P
17 W NORTHVIEW LOOP
32 W NORTHVIEW LOOP
DENISE C RUNYAN
KALISPELL, MT 59901
KALISPELL, MT 59901
40 EMPIRE LOOP
KALISPELL, MT 59901
HADLEY, SHAYLA
HENSLEY, MARK L
HENSLEY, MARK L & MICHELLE
34 EMPIRE LOOP
PO BOX 48
249 THREE MILE DR
KALISPELL, MT 59901
KALISPELL, MT 59903
KALISPELL, MT 59901
JOHNSON PERSONAL TRUST
JOHNSON, VICTORIA L
JUST DIRT LTD
JOYCE M
145 NORTH RIDING RD
3300 US HIGHWAY 2 W
152 TRAIL RIDGE RD
KALISPELL, MT 59901
KALISPELL, MT 59901
KALISPELL, MT 59901
KING, BUD D & AMY G
KRIER SR, JEROME J
KROPP, GARY D & BARBARA
P.O. BOX 946
KRIER, DEBORAH D
36 W NORTHVIEW LOOP
MAPLE VALLEY, WA 98038
84 VISTA LOOP
KALISPELL, MT 59901
KALISPELL, MT 59901
LEVITT, EVERITT D & RUBY A
POLLARD, CHERYL J
POLLARD, GREGORY A & ANYA M
28 W NORTHVIEW LOOP
29 W NORTHVIEW LOOP
25 NORTHVIEW LOOP
KALISPELL, MT 59901
KALISPELL, MT 59901
KALISPELL, MT 59901
PROCTOR, ERIC S & PATRICIA A SCHMEUSSER, DOUG P SHORTELL, HEATHER
21 W NORTHVIEW LOOP 80 VISTA LOOP 32 EMPIRE LOOP
KALISPELL, MT 59901 KALISPELL, MT 59901 KALISPELL, MT 59901
SIMPSON, MARJORIE K SMITH, PAUL L SOLUM, K RENAE
GREENWAY, COLLEEN M 65 W NORTHVIEW LOOP 33 W NORTHVIEW LOOP
55 BUFFALO HILL DR KALISPELL, MT 59901 KALISPELL, MT 59901
KALISPELL, MT 59901
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STATE OF MONTANA VIVIAN, DOC M VOJTA, JENNIFER L
DEPT OF TRANSPORTATION SARAH A GLENNON 38 EMPIRE LOOP
PO BOX 201001 36 EMPIRE LOOP KALISPELL, MT 59901
HELENA, MT 59620 KALISPELL, MT 59901
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VICINITY --- CITY LIMIT s
INITIAL ZONING G OF WHOLLY SURROUNDED PROPERTY
APPRO)UMA.TELY .09 ACRES LOCATED ON THE WEST SIDE OF GRANDVIEW
DRIVE. THE PROPOSED ZONING FOR THE PROPERTY IS CITY R— URBAN
SINGLE FAMILY RESIDENTIAL)
ALI PELL CITY COUNCIL APPROVED ANNEXATION OF THE PROPERTY
JULY 6, 2009 EFFECTIVE OCTOBER 21, 2009.
EAST, JOHN
PO BOX 1699
KALISPELL, MT 59903
HOLLAND, JAMES 8s DOLORES
81 GRANDVIEW DR
KALISPELL, MT 59901
MARKHAM, JEREMY 8v
BRENDA
23 GLACIER VIEW DR
KALISPELL, MT 59901
RICE, STEPHEN J
1019 LEWISOHN ST
BUTTE, MT 59701
FUSARO, PETER J 8s MARY A
88 GRANDVIEW DR
KALISPELL, MT 59901
KASALA, JERRY A 8s CLAIRE L
PO BOX 1171
KALISPELL, MT 59903
MAYCUMBER, EILEEN G
2217 HWY 2 E
KALISPELL, MT 59901
STOTTS, RICHARD &
LORRAINE
82 GRANDVIEW DR
KALISPELL, MT 59901
HELLER, ZACHARY A
COLOFF, KELLY A
95 GRANDVIEW DR
KALISPELL, MT 59901
KASALA, SANDRA ANNE
203 SILVERADO TRL
VICTORIA, TX 77901
MORNING SUN INVESTMENTS
PO BOX 1243
LETHBRIDGE, AB ALCIBO CN 0
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VICINITY m CIS LIMITS
INITIAL L ZONING OF WHOLLY SURROUNDED PROPERTY # I
APPROXIMATELY .08 ACRES LOCATED ON THE NORTH SIDE OF
EAST CALIFORNIA STREET. THE PROPOSED ZONING FOR THE
PROPERTY IS CITY R-,S (URBAN SI ► GLE FAMILY RESIDENTIAL)
KALISPELL CITY COUNCIL APPROVED ANNEXATION OF THE PROPERTY
jULY 6 2009 EFFECTIVE OCTOBER 21, 2009
ANDERSON, JERI ELLEN
ANDERSON, CLARA ELLEN
476 5TH AVE EN
KALISPELL,MT 59901
CULVER, KERRY M & ARLA J
461 E CALIFORNIA ST
KALISPELL,MT 59901
JULIAN, SUSAN
31 5TH AVE E
KALISPELL,MT 59901
CHEMAN LEGACY WEALTH
REVOCABLE TRUST
494 5TH AVE EN
KALISPELL,MT 59901
GARDNER INVESTMENTS LLC
PO BOX 958
KALISPELL,MT 59903
MC DONNELL, PATRICK &
REBECCA
PO BOX 944
KALISPELL,MT 59903
CITY OF KALISPELL
PO BOX 1997
KALISPELL,MT 59903
JOHNSON, LORETTA J
467 E CALIFORNIA ST
KALISPELL,MT 59901
OLSON, BRIAN D
WICK, GRETHEN M
475 4TH AVE EN
KALISPELL,MT 59901
WHITE, EDGAR A & MARGARET L WHITRIGHT, ROBERT D & DONNA WILL TRUSTEE, ESTELLE J
20 4TH AVE E, APT 102 495 4TH AVE EN AD% JOHN WILL
KALISPELL,MT 59901 KALISPELL,MT 59901 11204 197TH AVE E
BONNEY LAKE,WA 98391
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mm�mm CITY LIMITS
INITIAL ZONING OF WHOLLY SURROUNDED PROPERTY #12
APPROXIMATELY .49 ACRES LOCATED ON THE SOUTH SIDE OF EAST OREGON
STREET. THE PROPOSED ZONING FOR THE PROPERTY IS CITY R-3 (URBAN
SINGLE FAMILY RESIDENTIAL)
KALISPELL CITY COUNCIL APPROVED ANNEXATION OF THE PROPERTY
JULY 6, 2009 EFFECTIVE OCTOBER 21, 2009
a
BRANT, DAVID & MARY ANN BRIAN TWIEST
6230 US HIGHWAY 2 W 19 RIDGEWAY CT
KILA, MT 59920 COLUMBIA FALLS, MT 59912
CORNELL LIVING TRUST, ROBERT DITTMER, CINDY
L 375 8TH AVE EN
495 7TH AVE EN KALISPELL, MT 59901
KALISPELL, MT 59901
HAGADONE MONTANA
PUBLISHING LLC
SOUTH I I 11ST ST
COEUR D' ALENE, ID 83816
JONES, DAVID MITCHELL
MILLER JONES, KAYLA A
AD% MILLER
444 1 STAVE EN
KALISPELL, MT 59901
SEED, LARRY L
PO BOX 7153
KALISPELL, MT 59904
HAGADONE REALTY INC
PO BOX 6200
COUER D' ALENE, ID 83816
LA ROQUE, CHERIE
1046 E OREGON ST
KALISPELL, MT 59901
SHINING MOUNTAINS CHURCH
OF RELIGIOUS SCIENCE
475 8TH AVE EN
KALISPELL, MT 59901
BROWN, MARY H
PO BOX 877
KALISPELL, MT 59903
GRAFE, G NATHAN & JOYCE L
1044 E OREGON ST
KALISPELL, MT 59901
HALEY, CLARK
PO BOX 901
LAKESIDE, MT 59922
MELLEM, MARSHA D
396 8TH AVE EN
KALISPELL, MT 59901
TIMM, DONNELL A
HAMPTON, REBECCA J
529 E OREGON
KALISPELL, MT 59901
WAGONER, NELLIE M WALTON, GARY YOUTH HOMES INC
845 E OREGON 470 9TH AVE EN 550 N CALIFORNIA
KALISPELL, MT 59901 KALISPELL, MT 59901 MISSOULA, MT 59807
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VICINITY MAP CITY LIMITS
INITIAL ZONING OF WHOLLY SURROUNDED PROPERTY #15
APPROXIMATELY 3.13 ACRES LOCATED ON THE WEST SIDE OF SOUTH MERIDIAN
ROAD BETWEEN WEST CENTER STREET & 2ND STREET WEST. THE PROPOSED
ZONING FOR THE PROPERTY IS R-4 (TWO-FAMILY RESIDENTIAL)
KALISPELL CITY COUNCIL APPROVED ANNEXATION OF THE PROPERTY
JULY 6, 2009 EFFECTIVE OCTOBER 21. 2009.
ANDERSON, GARY L & RUBY M
102 S MERIDIAN RD
KALISPELL, MT 59901
CARTER, RON L & EDNA RUTH
100 S MERIDIAN RD
KALISPELL, MT 59901
ENNIS, SUSAN ANN
PO BOX 8464
KALISPELL, MT 59904
INTERNATIONAL LLAMA
REGISTRY
11 1/2 S MERIDIAN RD
KALISPELL, MT 59901
MOOTHART, WAYNE & ELAINE
1221 2ND ST W
KALISPELL, MT 59901
READ, DON P & SHARON L
PO BOX 8343
KALISPELL, MT 59904
SAMARITAN HOUSE INC
124 9TH AVE W
KALISPELL, MT 59901
VINCENT G RIEGER LLC
4 MERIDIAN COURT
KALISPELL, MT 59901
BLACKBEARD LLC
4 MERIDIAN COURT
KALISPELL, MT 59901
CITY OF KALISPELL
PO BOX 1997
KALISPELL, MT 59903
G R KIRK CO
201 ST HELENS AVE
TACOMA, WA 98402
JOHNSON, EARL A & PAULINE M
2221 MISSION TRAIL
KALISPELL, MT 59901
NORTHBROOK PROPERTIES INC
555 SKOKIE BLVD #555
NORTHBROOK, IL 60062
REED, TED A
2963 RUFENACH LN
KALISPELL, MT 59901
SCOVEL, LANNY E
110 S MERIDIAN RD
KALISPELL, MT 59901
WILLY LLC
5 MERIDIAN RD
KALISPELL, MT 59901
BLOCK, WALTER K & CYNTHIA A
1424 5TH AVE W
KALISPELL, MT 59901
EACKER, TERRY A & MICHELLE L
PO BOX 10653
KALISPELL, MT 59904
HOWELL, NANCY E
2585 US HIGHWAY 2 W
KALISPELL, MT 59901
MC CRORIE IV, JOHN
MC CRORIE, ANGELIQUE
12 S MERIDIAN RD
KALISPELL, MT 59901
OIKLE, RICKY R & SUSAN L
14 S MERIDIAN RD
KALISPELL, MT 59901
RUSSELL, MICHAEL C
70 BROWNS GULCH RD
KALISPELL, MT 59901
SNYDER-WONG FAMILY TRUST
SNYDER, MELISSA &/OR
MACKYNZE
2722 CLUB DR
LOS ANGELES, CA 90064
5-15
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VICINITY MAP ®• CITY LIMITS
INITIAL ZONING OF WHOLLY SURROUNDED PROPERTY #18
APPROXIMATELY .09 ACRES LOCATED SOUTH OF 18TH STREET EAST AND
WEST OF 5TH AVENUE EAST. THE PROPOSED ZONING FOR THE PROPERTY
IS RA-1 (LOW DENSITY RESIDENTIAL APARTMENT)
KALSIPELL CITY COUNCIL APPROVED ANNEXATION OF THE PROPERTY
JULY 6, 2009 EFFECTIVE OCTOBER 21, 2009.
ALBRIGHT PARTNERSHIP BALDWIN, KIM S BJELLAND, NORMAN & JOLENE
1903 3RD AVE E 1824 5TH AVE E PO BOX 9050
KALISPELL, MT 59901 KALISPELL, MT 59901 KALISPELL, MT 59904
DOS PROPERTIES LLC
KOPPEL FAMILY TRUST
LASHER REV LIVING TRUST
354 BLUE SPRUCE
6551 DANVILLE CT
LASHER, DON R & FAITH B
KALISPELL, MT 59901
SAN DIEGO, CA 92120
844 WOODLAND AVE
KALISPELL, MT 59901
POWELL, ALLISON
PRICE, THOMAS V WATA TOM V
WHITE, ROBERT J & LAURA M
1902 5TH AVE E
400 4TH AVE S, STE 701
1908 5TH AVE E
KALISPELL, MT 59901
LETHBRIDGE, AB T1J4E1 CN 0
KALISPELL, MT 59901
VICINITY MAP
®= m m ® CITY LIMITS
INITIAL ZONING OF WHOLLY SURROUNDED PROPERTY #19
APPROXIMATELY .12 ACRES LOCATED EAST OF 5TH AVENUE EAST AND NORTH
OF 18TH STREET EAST. THE PROPOSED ZONING FOR THE PROPERTY IS RA-1
(LOW DENSITY RESIDENTIAL APARTMENT)
KALISPELL CITY COUNCIL APPROVED THE ANNEXATION OF THIS PROPERTY
JULY 6, 2009 EFFECTIVE OCTOBER 21, 2009
DELAGE, MICHAEL E &
DONNA J
1623 5TH AVE E
KALISPELL, MT 59901
FIFTH AVENUE
APARTMENTS LLC
2955 FARM TO MARKET
KALISPELL, MT 59901
JOHNSON, STEVEN L MILBRANDT, BARRY &
3536 SUNNY LANE INGRID
COLUMBIA FALLS, MT 59912 2955 FARM TO MARKET
KALISPELL, MT 59901
WADE, LISA J WASINGER, JAMES ALLEN &
PO BOX 836 TAMMIE MARIE
KILA, MT 59920 1601 1/2 5TH AVE E
KALISPELL, MT 59901
JAYS PLACE LLC
PO BOX 5244
KALISPELL, MT 59903
TORGERSON, KIM D &
BRIGETTE M
PO BOX 8987
KALISPELL, MT 59904
3s 54-1z 55
561'5758i
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VICINITY MAP ®®.4 m ® CITY LIMITS
INITIAL ZONING OF WHOLLY SURROUNDED PROPERTY #21
APPROXIMATELY .54 ACRES LOCATED NEAR THE INTERSECTION OF LEISURE
DRIVE AND WINDRIVER DRIVE. THE PROPOSED ZONING FOR THE PROPERTY
IS R-2 (SINGLE FAMILY RESIDENTIAL).
KALISPELL CITY COUNCIL APPROVED THE ANNEXATION OF THIS PROPERTY
JULY 6, 2009 EFFECTIVE OCTOBER 21, 2009.
CITY OF KALISPELL
PO BOX 1997
KALISPELL, MT 59903
NESS, JAMES J 8s LORI J
1508 WOODLAND AVE
KALISPELL, MT 59901
SEYNEI, MICHAEL C & KIM L
410 LEISURE DR
KALISPELL, MT 59901
SIEMENS, BRIDGETT A
345 LEISURE DR
KALISPELL, MT 59901
MAHLUM, EDWIN J & JOY K
435 LEISURE DR
KALISPELL, MT 59901
OLSON, ROGER A 8v SYNOIA
536 PARKWAY DR
KALISPELL, MT 59901
SHAWBUCK, DAVY G & LOIS
A
604 WOODLAND AVE
KALISPELL, MT 59901
STEDJE, DOUGLAS N
7216 100TH AVE CT SW
LAKEWOOD, WA 98498
MILLER, CHRIS M 8s
RACHEL E
451 CRESTON HATCHERY
RD
SEELYE, BARBARA JUNE
415 LEISURE DR
KALISPELL, MT 59901
SHOEMAKER, BRIAN &
KYMBERLIE
PO BOX 2284
EUREKA, MT 59917
No. 14976
NOTICE OF PUBLIC HEAR-
ING
KALISPELL CITY PLANNING
BOARD AND ZONING COM-
MISSION
September 9, 2008
The regular meeting of the Ka-
lispell City Planning Board and
Zoning Commission is sched-
uled for Wednesday, September,'
9, 2009, beginning at 7:00 PM in
the Kalispell City Council Cham-
bers, Kalispell City Hall, 201
First Avenue East, Kalispell.
Please note this meeting is be-
ing held on Wednesday due to.
the Labor Day Holiday. The..
planning board will hold a public,
hearing and -take public com
ments on the following agenda=;
items. The Board will make a
recommendation to the Kalispell'
City Council who will take final
action. °
WHOLLY SURROUNDED AN-
NEXATIONS
INITIAL ZONING
A request by the City of Kalis
pall for initial zoning upon an-'
nexation for eight annexations of --
property wholly surrounded by
the City. The specific areas anA
proposed annexations for each'.
are as follows (the numbering.
relates to designations previous==.
ly made by the City):
Area 8: Approximately 4.02
acres located on the south side n,
of West Northview Loop, morel
particularly described as a tract:;
of land located in Section
Township 28 North, Range 22:
West, Principal Meridian Monta-,.
na, Flathead County,. Montana:;
and more particularly described-
as Tract 6E with Assessor Num-
ber 0439590 records of Flathead::
County, Montana. The proposed
zoning designation is R-3 (Urban-
Single -Family Residential);:
which matches the surrounding,
properties.
Area 9: Approximately .09
acres located on the west sid§ of ;
Grandview Drive near Juniper:
Bend, more particularly descri-
bed as a tract of land located in
Section 6, Township 28 North;.;
Range 21 West, Principal Mark,
dian, Montana, Flathead County,,;
Montana and more particularly:
described as Tract 5ABO with ---
Assessor Number 0942654; the:
West portion of Lot A of Grand-`
view Heights Lots 2 & 3 with As-
sessor Number 0834460; and's
The Northwest portion of Lot 2'
Stotts Grand View with Assessor
Number 0978227 records of
Flathead County, Montana. The.
proposed zoning designation is
R-3 (Urban Single Family Resi-
dential), which matches the
properties to the east and south.
STATE OF MONTANA
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT HE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO. 14976
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of Aug. 23, 2009.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to
Before me this August 24, 2009
Dorothy G
Area 11: Approximately .08:1
acres located on the north sides
of East .California Street be-7Notary Public for the State of Montana
tween 4th and 5th Avenues EN,
more particularly described as a Residing in Kalispell
tract of land located in Section 8,
West, Principal Meridian, Monta-
na, Flathead County, Montana
and more particularly described
as tract 24 with Assessor Num-
0
Otarial ' N
Seal
Mope
ber 0409100 records of Flathead_
County Montana. The proposed,
zoning designation is R-3 (Urban
Single Family Residential),
which matches the remainder of
the lot and the surrounding prop-
erties.
Area- 12: Approximately .49:
acres located on the south side-
of East Oregon Street between:;,
8th and 9th Avenues EN, more;.:
particularly described as 4 tracts;
of land located in Section 8;.
Township 28 North, Range 211
West, Principal Meridian, Monta
na, Flathead County, Montana
and more particularly described -
as Tracts 30XA & 30XAAA with
Assessor Number 0321100; and:.
Tracts 30XAA & 30XC with As
sessor Number 0P56750 records
of Flathead County, Montana_
The proposed zoning designa-
tion is R-3 (Urban Single Family:
Residential), which matches the
properties on the. west, north,.
and south.
Area 15: Approximately 3.131
acreslocated on the west side of{
South Meridian Road between%
West Center Street and 2nd
Street West; more particularly:;
described as tracts of land locat=
ed in Section 13, Township 28`
North, Range 22 West, Principal.=
Meridian, Montana, Flathead
County, Montana and more par-
ticularly described as Tract AA
of Lot 11, Hollister's Meridian
Tracts & Tract AA of Lot 12;
Hollister Meridian Tracts with--.
Assessor Number 0011421; the
East 132.5 feet of Lots 11 and';,'
12 of Hollister Meridian Tracts`:
and 11 C with Assessor Number.:
0767756; Tract 11 E with Asses--
sor Number 0624450; The East".
188.1 feet of Lot 13 of Hollistev
Meridian Tracts. and Lot 4 of'.
Hollister Meridian Tracts with
Assessor Number 0134950; the:;
East 188.1 feet of Lot 15 of:
Hollister Meridian Tracts andl`
Tract A of Lot 14 of Hollister:,
Meridian Tracts with Assessor
Number 0134900; and Tract:.
11 DA with Assessor Number•.
0019625 records of Flathead'
County, Montana. The proposedi
zoning designation is R-4 (Two.
Family Residential), which
matches the properties to the,
south.
Area 18: Approximately .091-
.
acres south of 18th Street East. -
and west of 5th Avenue East,
more particularly described as 2
tracts of land located in Section,
20, Township 28-North, Range:
21 West, Principal Meridian,,
Montana, Flathead County,.
Montana and more particularly
described as Tract 8NE, except-
ing the East 150 feet, with As-
sessor Number 0036450 and>
Tract 8NEA, excepting the East;
38.36 feet, with Assessor Num-
ber 0707490 records of Flathead=
County, Montana. The proposed;
zoning designation. is RA-1 (Low:
Density Residential), which
north and east.
Area 19: Approximately .12
acres east of 5th Avenue East':;
and north of 18th Street East,-,
more particularly described as A
tract of land located in Section!.
17, Township 28 North, Range,
21 West, Principal Meridian#
Montana, Flathead County
Montana and more particularfj
described as Tract 5Z, exceptiniZ
the West 150 feet, with Assessotrjs
Number 0431221 records a:
Flathead County, Montana. The*;
proposed zoning designation is}+
RA-1 (Low Density Residential;:.
Apartment), which matches the;;
remainder of the lot and the sur.;z
rounding properties.
Area 21: Approximately .5*.'
acres near the intersection ok"
Leisure Drive and Windrivem.
Drive, more particularly descri
bed as a tract of land located in
Section 21, Township 28 North;,;,'
Range 21 West, Principal Meri-=
dian, Montana, Flathead County;,;
Montana and more particularly.%
described as Tract 3F with As-
sessor Number 0779655 records
of Flathead County, Montana:,.
The proposed zoning designa
tion is R-2 (Single Family Resi—
dential), which matches the sur-
rounding properties.
Documents pertaining to the=4
agenda items, including full"
metes and bounds descriptions-
of the parcels are on file for pub-=
lic inspection at the Kalispell;
Planning Department, 201 First;
Avenue East, Kalispell, MT'
59901, and are available for.::
public review during regular of--
fice hours. In addition informa—
tion on each agenda item is:
posted on our website at,
www.kalispoll.com/planning un
der "Planning Board Projects."
.i
Interested persons are encour-=;
aged to attend the hearing and ,*;
make their views and concernsZ
known to the Board. Written,
comments may be submitted to
the Kalispell Planning Depart
ment at the above address, prior;
to the date of the hearing, or you i
may call us at (406) 758-7940,
or,e-mail us at planning@kalis-
pell.com for additional informa-
tion.
/s/ Thomas R. Jentz
Thomas R. Jentz
Planning & Building Director
Aug. 23, 2009