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Staff Report/AnnexationDELORIS GROUP• STERNER REQUEST•R ANNEXATION AND INITIAL ZONIN FLATHEAD REGIONAL DEVELOPMENT OFFICE REPORTSTAFF 0• MARCH 6, ••0 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for annexation and initial zoning. A hearing has been scheduled before the Kalispell City -County Planning Board for March 14, 2000 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. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioner would like to annex into the city and obtain B-2, General Business, zoning on the property. A. Petitioner and Owners: Deloris Partnership Group 178 E. Blanchard Lake Road Whitefish, MT 59937 (406) 863-9925 Stanley W. Pine 208 Lakeshore Drive Kalispell, MT 59901 Marie M. Sterner 10 Appleway Drive Kalispell, MT 59901 B. Location and Legal Description of Property: The property proposed for annexation is located on the north side of Appleway Drive and east of its intersection with Highway 2 approximately one quarter of a mile. The properties proposed for annexation can be described as Assessor's Tracts 1BA, 1B and lE located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing zoning: Currently this property is in the West Side Zoning District and is zoned County R-1, a Suburban Residential zoning district which has a one acre minimum lot size requirement for newly created lots and is residential in nature. D. Proposed Zoning: The property owners are requesting City B-2 zoning, a General Business zoning district, which allows a wide variety of general commercial, retail, and office type uses. The property owners have plans to provide an area for development of a "human services campus." This project is reflected in the preliminary plat application that has been filed concurrently with this annexation request and also includes properties adjoining these to the west. The preliminary plat reflects an eight -lot subdivision that would 1 ultimately contain nine buildings that includes the existing house on the property to the west that is being remodeled for use by the United Way. E. Size: The area proposed for annexation and zoning contains approximately 8.16 acres. F. Existing Land Use: There are three single family homes currently located on these properties that would ultimately be removed to make way for the proposed office / commercial development. G. Adjacent Land Uses and Zoning: The character of the immediate area is an area in transition from a more traditional residential area on the fringes of urban Kalispell to part of the commercial area of the west side. This area has typically accommodated a mix of uses from the Stillwater Forest Products to the south along with residential and commercial to the north. Over the years, the area has become more commercial in nature as the city continues to grow. North: Motel and restaurants; City B-2 zoning South: Residences and junkyard, County R-1 zoning East: Convenience store and strip mall, City B-2 zoning West: Hotel and restaurant; City B-2 zoning H. General Land Use Character: The general land use character of the area is a combination of residential in transition, general commercial and a little light industrial. The properties to the north have been more intensively developed because of the availability of water and sewer to the area and its proximity along Highway 2. The annexation of this property will be the final lots of an island that has been surrounded by the city limits on the north side of Appleway Drive. These properties can be described as being in an area of transition. I. Availability of Public Services: City water and sewer are located in the Appleway Drive right-of-way, which will be extended into the property. There is no public storm sewer system in the area available to serve this property, therefore an engineered storm water management plan would have to be developed which uses on site retention methods. Fire, police, ambulance and city administrative services will be provided as part of the City services to these properties. 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. 2 This property is indicated on the Kalispell City County Master Plan Map as commercial. The proposed B-2 zoning district complies with that master plan map designation, as well as the goals and policies of the document. Rezoning this property may result in additional traffic generated from the property especially once the property is more fully developed. It appears there may be some potential for gaining access to Highway 2 to the north through a small part of an adjoining parcel. Primary access to the site is currently off of Appleway Drive, which is a City street recently acquired from the County which is in substandard condition. An increase in traffic will result from the requested commercial zone. There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services are adequate. Because this annexation will enable the property owners to connect to public sewer and develop these properties with full public services, the public health and welfare of the community will be served by encouraging compact commercial development within the city core. The proposed business zoning and the related uses would be subject to the development standards of the district which help to insure that there is adequate light and air by using building height restrictions of 35 feet and setbacks of 20 feet in the front, five on the sides and ten in the rear. Additionally, with the proposed mini -storage facility, special conditions will be required for the development. The requested zoning designation is consistent with other zoning in the area and the type of development, which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. No significant increase in the population in the area will result under the proposed zoning. Designating these properties for commercial development will 3 allow for the expansion of the west side business areas of Kalispell under this zoning. The lot size requirements for the district avoid the undue concentration of people in the area. � Ili•- -• ,- -• ••-�ii •- .•-• .. - • • •• • .• •• •• Public service, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. The proposed zoning is consistent with the zoning in the surrounding area, uses in the area and anticipated growth patterns. The proposed zoning is consistent with the master plan map designation. The requested zone gives appropriate consideration for the suitability of this area for the uses in the B-2 zone. �•- •- -• -• ••- ra ••.� - •• •- U97000MIGNAM8100101- • •' • The general character of the area is in a transition from residential to commercial. The anticipated uses on the property will be commercial and will be consistent and compatible with other uses in the area. The requested zone gives reasonable consideration to the character of the area. Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. I •- -• .: :• I FAMT-Wra Is- u• .•. •• - - • •- :•• The most appropriate use of land throughout the jurisdiction appears to be commercial. This is consistent with the master plan designation and promotes the stability and neighborhood character of the immediate area. It is recommended that the Kalispell City -County Planning Board adopt Staff Report #KA-00-1 as findings of fact and forward a recommendation to City Council that the initial zoning for these properties should be B-2, General Commercial, upon annexation. H: \... \REPORTS \KA\00 \KA00-1 0 EXHIBIT A LEGAL DESCRIPTION Deloris/ Pine/ Sterner - Annexation and Initial Zoning Deloris Group (Tract 1BA) Commencing at the Southeast Section corner of said Section 12; thence South 89° 16'09" West, on and along the South boundary of said Southeast Quarter of Section 12, a distance of 902.52 feet to a point; thence North 00°37'03" East, a distance of 30.00 feet to a point which lies on the North boundary of a 60 foot road known as Appleway Drive, and which point is the True Point of Beginning; thence continuing North 00°37'03" East, on and along the West boundary of a tract of land described in Book 638, Page 476, records of Flathead County, a distance of 630.00 feet to a point which lies on the South boundary of a tract of land described in Book 730, Page 457, records of Flathead County; thence South 89° 16'09" West, on and along said South boundary of a tract of land described in Book 730, Page 457, a distance of 66.00 feet to a point which point is the Northeast corner of a tract of land described in Book 679, Page 767, records of Flathead County; thence South 00°37'03" West, on and along the East boundary of said tract of land described in Book 679, Page 767, a distance of 630.00 feet to a point which lies on said North boundary of a 60 foot road known as Appleway Drive; thence North 89° 16'09" East, on and along said North boundary of Appleway Drive, a distance of 66.00 feet to the True Point of Beginning. Pine (Tract 1B) Commencing at the southeast corner of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County Montana, which is a found brass cap on the centerline of the 60 foot county road known as Appleway Drive; Thence along the South boundary of said SE 1/4 and along said centerline S89° 16'29"W 902.53 feet; Thence leaving said centerline N00°37'03" E 30.01 feet to a found iron pin; Thence continuing N00037'03"E 526.98 feet to the approximate thread of Spring Creek; Thence S36°06'53" E and along said thread 15.43 feet to the True Point of Beginning of the tract of land herein described: Thence along the old thread of Spring Creek the following courses: S54008'40"E 12.99 feet; S77°05'19" E 13.42 feet; N81046'30" E 95.71 feet; S55°09'32"E 33.16 feet; S 15°03'46"E 30.38 feet; S08°31'09"E 17.01 feet to the existing thread of Spring Creek; Thence along said thread the following course: N75°02'04"W 22.38 feet; N71036'41"W 130.46 feet; N34°29'55"W 18.83 feet to the Point of Beginning and containing .109 acres. Sterner (Tract 1E) Commencing at the Southeast corner of Section 12; thence along the South line of the Southeast 1 /4, also being the center line of Appleway Drive South 8911629" West 264.06 feet to the Point of Beginning; thence continuing along said line South 8911629" West 308.57 feet; thence North 00°37'03" East 470.52 Feet; thence South 89°22'57" East 117 feet more or less to the South bank of Spring Creek; thence Northeasterly along the North 00°22'30" East from the Point of Beginning; thence South 00°22'30" West 598 feet more or less to the Point of Beginning containing 3.64 more or less acres of land all as shown hereon. Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 PETITION FOR ZO1VI1VGAMENDMENT CITY OF KALISPELL 1. NAME OF APPLICANT: LING LnIZIS (OROVIP l� STAW Lrr-4 Pr Nm 2. MAIL ADDRESS: Fj E- k �1�x-"Aj� -y tW-'F Vu � 3. CITY/STATE/ZIP: v^l`� S`l 137 PHONE: 4. INTEREST IN PROPERTY: O w 5. ZONING MAP AMENDMENT:_ ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: (�� 2��� _ APPLEUJP"-/ P-AVF— B. Legal Description: I rl+ , I T3 I E. (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: ' ( WUN-t'`{ D. The proposed zoning of the above property is: "2 U E. State the changed or changing conditions that make the proposed amendment necessary: 1 A. Promoting the Master Plan 7-T lycQ `RykkS Couty T l �. l�tv� Lb t� Gpwtw.�}aC.WIA 14 B. Lessening congestion in the streets and providing safe access A---rV tI L ,u C O U Lb � .- t ►.� r�i�� rayhTi'� `4� i +vU1,� `�}fi '!'RRFFt4 � = t� t5 �- �1rAtz 1,-OSu oar a© Tit t'�Sr Loy��� 0Y-- XtTS 51io��. a�-Ay C. Promoting safety from fire, panic and other dangers �,V R0.� U -1 �4 `�vy�,t�tt- Vfllt..Fz�1 �tv� � ►t�L 1?�c.et'ti� C,'� D. Promoting the public interest, health, comfort, convenience, safety and general welfare -+i5 I�'f �)c,C l> OFf-+c�� �o� N�ry ��ol�t o�►�tvtaRTla 'TO blur LOcf%; W E. Preventing the overcrowding of land Al, A (.-AvGti- oS LW- Cowl PLLF1� TNG�_U U�t �.� fit::". �'+j=E� SP��. j9-jz'Jur.�s= •�' 'i'�, at��'r`_ >: �>a �JJ t C.p 1 NCc• S -- r71) r;-,-" 'i'l` 0y eo M Cf W �L. L- I(I i v t L C,i4t'rlcr�'t-� 1 r UJO NZ Zoo(ee. F. Avoiding undue concentration of population NO rY}p/�-C�TEtctz -'VY\tV G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities bo tr;+.t�r7�.� ry S�rloot.S t Lot4D / vivin�fl Fv(z �F)Cn4F` Tt�ti4Y�;(�at�! Tjj uytf)r, _CV ON- A SC�•U�% tS i��G�VYY?�� illf'�Nw �,Jp.,jZm4jn" OF-r-\.r�S WLL,\,. -try. C-MMV4> "Tv 6klow ,nrVeo(-IL6 MRnt�tm H. Giving reasonable consideration to the character of the district -RH- F\TS w r Li.- 2 I Giving consideration to the peculiar suitability of the property for particular uses J Protecting and conserving the value of buildings 7k1 tS ? iZi) K. Encouraging the most appropriate use of land by assuring orderly growth 't'7 1'>1at�t_'U t t e�iZ4�?�=G�.��!^ir,,� Cotiv��^nfaCal4L ipr��v4tvt� Pj The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during approval process. (Applicant) M 0 Lx-� I ?Ih owNr?-M (zi Z 11- Leu a (Date) ,) � b%, o ►a-P � u'�w � i7R.. 3 > u 20 6 Y Cv 1 I C <( 5 JUQI 2L 2M 19 J 4 a w 1 5CEA a ' <> Y a R 2MA DN(dAJS�� LA z 3 M , LAM I 'a AHDOLXtT'S ADD 46 ' LLJ 2 2 2 3 4 CL R a1 , Y `� 5CF Pof fA VLLA i u YELLOwSToNE ST A UNQURST C D QK Ilk ,N A 7 g 1 ,x ,� 5CC Q P 3 SJ R F D STUQQS 2LB 2 ic CIACI 2 ,eo + ,u ADO. 58 O 6 4 MA - h 2FAA QK 5H 5G 5F 5E 5CD TWO MILE DRIVE \ TR X + — — — — — — — — — — — -- — — — — -- �" acAn 2cA AMO PLAT OF THE D PLAT L2 OF WEST ADD KALISPELL WESTERLY POE WMOR AMDGATEWAY jj6GATEWAY 34 � GATEWA ADD ]2,GA ADD #34ST 4 1 ' 2CJ AMD F � WEST X F THE Q• OF THE Q Y AmO PLAT AMD PL kT OF of AD 34 C W'LY PORTION p� $ OF GATEWAY _ WEST ADO Q 1< 34 A C - HUSKY STREET a 2CK OO — T-� T-A `' GRO 11rAD ND j w 2CH + q 2CE 2CH+ q 2cc X 2CF 2 U C� li QLK t 2CCA 7AD RESUB & 3 7D AMD LAT tFA _.1 OF L.2 / 9 I GIQSON tACDONALDS GIB ON SALLEE ADD J41 , o ADD. J52 STANLEY T-1 A i Q�Ga� ADD. #42 4 / QO ADD Y41 7A G1BSO V/ 7 ' T-2 i 4 'S -tA iC 6H 6HA A / / A 45 18 tE ES Q L-I&3 IA 7 A G18SON ADO.114 i 8 1 AA CIRCA K / t2 I] s ,.-.- AT "-IIR ?_> c PcNC�� TL a Z PETITION NO. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Ka, l/ispell and to remove the following real property from the SYV\\l V Rural Fire District. The petitioner (s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner (s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this day of 5AWn3f , 2000. LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: IBA P PROPERTY ADDRESS:''�'�2t�� i L- -C- - OWNER OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE :.� EXHIBIT A FILE NO.: FM-24798 A tract of land located in the Southeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Commencing at the Southeast Section corner of said Section 12; thence South 89'16'09" West, on and along the South boundary of said Southeast Quarter of Section 12, a distance of 902.52 feet to a point; thence North 00'37'03" East, a distance of 30.00 feet to a point which lies on the North boundary of a 60 foot road known as Appleway Drive, and which point is the True Point of Beginning; thence continuing North 00'37'03" East, on and along the west boundary of a tract of land described in Book 638, Page 476, records of Flathead County, a distance of ` 630.00 feet to a point which lies on the South boundary of a tract of land y� described in Book 730, Page 457, records cf Flathead County; thence South 89*16,09" west, on and along said South boundary of a tract of land described in Book 730, Page 457, a distance of 66.00 feet to a point which point is the Northeast corner of a tract of land described in Book 679, Page 767, records of Flathead County; thence South 00'37'03" west, on and along the East boundary of said tract of land described in Book 679, Page 767, a distance of 630.00 feet to a point which lies on said North boundary of a 60 foot road known as Appleway Drive; thence North 89*16,09" East, on and along said North boundary of Appleway Drive, a distance of 66.00 feet to the True Point of Beginning. Tract 1 of Certificate of Survey No. 7069. SUBJECT TO: Easement for an electric transmission and distribution line... together with the right of ingress and egress granted to Pacific Power & Light Company recorded March 9, 1960 in Book 431, Page 55, as Doc. No. 1563, records of Flathead County, Montana. The effect of a 100 foot drainage easement as depicted on the Plat of Pack Addition No. 91, records of Flathead County, Montana. Resolution No. 4312 by the City of Kalispell for an annexation of properties known as Appleway Drive and a portion of Two Mile Drive Annexation No. 277 recorded November 5, 1997 as Doc. No. 1997-309-10060, records of Flathead County, Montana. rnT S`1 3 Yl STATE OF MONTANA, ss County of Flathead Recorded at the request of f V' this day of ,,�_, 19 at o'cloc} nl and recorded in CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of by and between RD U t L)-,Chereinafter PARTY(S) OF INTEREST (INCLUDES OWNER(S), LIENHOLDER(S), OR CONTRACT SELLER(S) AND THE CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the SrYi kX" )j I- Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and th t incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. THE PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this Z. t day of PARTY(S) OF INTEREST CITY OF KALISPELL City Manager ATTEST: Finance Director L-LC- STATE OF MONTANA ) ss County of Flathead On this cy ' day of Q � _ i[ �, before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set i hand and affixed my Notarial Seal the day and year in this certificate first above written. r ary Public, State of Montana Residing at C Gr My Commission expires rc J STATE OF MONTANA ) ss County of Flathead On this day of before me, the undersigned, a Notary Public for the State -of Montana personally appeared and ,the and respectively, of ,the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. STATE OF MONTANA County of Flathead : ss Notary Public, State of Montana Residing at My Commission expires On this day of , before me a Notary Public in and for the State of Montana, personally appeared CHRIS A. KUKULSKI and AMY H ROBERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein set forth, and that they were duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand aria' affixed wy Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission expires PETITION NO. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the SMkjl1 UAU-et'`i Rural Fire District. The petitioner (s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner (s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this '—"-( day of JAtLUA%Q--� , 2000. LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: -M 16 W 5E45E4 IS--- PROPERTY ADDRES$� ZD APPU PWP y �2 ' KACA5� t fY1T' 61ctc> 1 OWNER OWNER ` PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: � �c�"'�32.u.►�-dam{ , �oo THIS AGREEMENT, made and entered into this day of by and between 3T)414LA----•-f W hereinafter PARTY(S) OF INTEREST (INCLUDES OWNER(S), LIENHOLDER(S), OR CONTRACT SELLER(S) AND THE CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the JMMO %J44-LzH Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. THE PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this 7 day -of P T ) OF INT S CITY OF KALISPELL City Manager ATTEST: Finance Director STATE OF MONTANA ) : ss County of Flathead On this day of 0 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared . 4'6 L l e. y QJ. ! Yt known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires On this day of , before me, the undersigned, a Notary Public for the State -of Montana personally appeared and ,the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires STATE OF MONTANA ) ss County of Flathead On this day of , before me a Notary Public in and for the State of Montana, personally appeared CHRIS A. KUKULSKI and AMY H ROBERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein set forth, and that they were duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission expires PETITION NO. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the S1191n 11,4 zy Rural Fire District. The petitioner (s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner (s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this ! day of k/ , 2000. LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: TN RN S2vFY 9/; 1 c4220t 4- 7R 1F' :TA' 0.20e4 s' FY No< 1.2 $� o A- Wchwe�- PROPERTY ADDRESS: /0 AJ- 116- tz'De, OWNER OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of /�',4zle-Aa by and between 2" hereinafter PARTY(S) OF INTEREST (INCLUDES OWNER(S), LIENHOLDER(S), OR CONTRACT SELLER(S) AND THE CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the 11 A liFire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. THE PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this Z__day of�� ui2c .rsth�� `�y PARTY(S) OF INTEREST CITY OF KALISPELL City Manager ATTEST: Finance Director STATE OF MONTANA ) ss County of Flathead On this '7A day of ALr(L.CLCLj before me, the undersigned, a Notary Public for the State of Montana, personally appeared t/ / 2. %S'�2 lr Yl 2 Imo' , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that IWshe executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. 0ZCvyt.c.. ` t)A yjjj'� Notary Public, State �oof�Montana Residing at My Commission expires STATE OF MONTANA ) ss County of Flathead On this day of , before me, the undersigned, a Notary Public for the State -of Montana personally appeared and ,the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires STATE OF MONTANA ) ss County of Flathead On this day of 1 , before me a Notary Public in and for the State of Montana, personally appeared CHRIS A. KUKULSKI and AMY H ROBERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein set forth, and that they were duly authorized to execute the same on behalf of said municipality. IN WITNESS WHERIIiUV, t have hereunto set my hand and affixed nay Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission expires CERTIFICATION APPLICANT: APPLEWAY OFFICE COMPLEX AND DELORIS GROUP LLC/APPLEWAY DEV GROUP FRDO FILE #: KPP-00-2 AND KA-00-1 I, the undersigned certify that I did this date mail via certified or registered mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property that is to be subdivided. Assessor's S-T-R Lot/Tract No. No. SEE ATTACHED LIST Date: 4Alu,Z� Property Owner & Mail Address TECHNICAL PARTICIPANTS JEFF LARSEN PO BOX 2071 KALISPELL MT 59903 JOSEPH MAGADDINO PO BOX 1151 BIGFORK MT 59911 2 - 26 2- SUWECT PROPERTY TRACT # ASSESSOR # OWNER/ADDRESS p oZis C�(2z�vl� LLC, N° j o 13S�S� f (y rvc,ct-,-j� tom_ I )qo ct 3-7 ct> ici c� innl'� �lb�',7r1��NiZj�S14-t1� , -�`G�� Jf�toAsot 2- O� lC�'Z �fi4mc�s c9 Ti I d TC rl� 1 4 civCuSe�vl C}}crtiQSot� i 33 Z`--9 Y� l p>v i�BZo 6996(479 Nb© Q L ?73� ZZ Z U`% , VJ- S� i't 22.fl0 Yv)A'_ U v r5 i c. © (o-70 v S7 o o q 170 2 i R 6 'ga t C(`t -Io� rl.-q9©'� uL- cKrI 71 F Gv�:-Z aze� i 65 APPt-w - kt4L S(� �o f 02.1� 05-0 —i�v it,' o / d00 78©n y Okii-o (ooz 5-5 1 o t Cl 000 Z46 QoY� ��q'? o 6LSS0 vo Aft It J'OT A ca�fi�ST 2 0 �3� rj-vj C Z j�n l� L.-t 0 P N� A d7a �D - (00 VYL%MpNS r� 5 5 `7 o S� 97Z u 7 p v tJ kvT"-s t�-Ace, Age- r� S- �jV-vu 0N-y c3 vvtov-n6'" -o' C-O cztx Cam. �w��2S S`iR3Z . VAv -`4, —T SS t VIVI 1 RN J C,t cL,vto wi r-- ZC)8 � q�rs� N Z- wa,�-NOW "P C, ��uN 9© l��z RT ice, � FLATHEAD COUNTY•PLAT ROOM SW S. Main Kalispell, MT 59901 APPROVED a'oo AOTICE OF i V, CITY-COUNTYBOARD AND ZONING COMMISSION Bee Hive Homes Assisted Living Facility CUP Grandview Drive Appleway Development Group Annexation Appleway Development Group Preliminary Plat Glacier Village Greens Phase XI Preliminary Plat The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, March 14, 2000, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Kalispell City Council and / or Board of County Commissioners who will take final action: To the Kalispell City Council: A request by Ron and Claudia Cattron with Bee Hive Homes to allow the construction of two 12-bed assisted living facilities located on the west side of Grandview Drive located at the eastern terminus of Indian Trail Road and north of the Buffalo Commons development. Two units are proposed which will provide housing for up to 12 seniors who are generally in good health. The facility would provide meals, housekeeping, laundry and assistance with daily activities such as showers, medicine and laundry. The facilities would be developed in two phases. The property proposed for this development can be described as Assessor's Tract 3G located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Deloris Group LLC, Stanley W. Pine and Marie M. Sterner for annexation into the city of Kalispell and an initial zoning designation of B-2, General Business, on approximately 8.16 acres. The property proposed for annexation lies on the north side of Appleway Drive and west of Meridian Road. The property is part of a subdivision submitted concurrently with the annexation request by the Appleway Development Group. The properties proposed for annexation can be described as Assessor's Tracts 1BA, 1B and lE located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana 3. A request by the Appleway Development Group for preliminary plat approval of Appleway Office Complex, an eight -lot commercial subdivision on approximately 11.96 acres in the west part of Kalispell. A portion of the property is zoned B-2, General Business, with the remaining portion of the property proposed for annexation and initial zoning of B-2 and is referenced above. The proposed subdivision design is proposed with each building being located on individual lots with the parking areas, landscape areas, sidewalks and other parts of the property as being common area. It is the developers intent to create an office complex to house several non-profit agencies to create a common campus type facility. Generally, various tenants would lease the space. The property proposed for the subdivision can be described as Assessor's Tracts IA, 1AA, 1BA, 1B and lE located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana 3, Government Lot 3 located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. To the Board of County Commissioners: 4. A request by George Schulze and Duane Bitney for preliminary plat approval of Glacier Village Greens Phase XI, a 16 lot residential subdivision on approximately 2.93 acres. This subdivision is an extension of the Glacier Village Greens Golf Course development and would be located at the northeast portion of the site. The lots are intended to be developed as duplex townhouse lots with a homeowners park along the Whitefish River. This property is in the Evergreen and Vicinity Zoning District and is zoned R-4, Two Family Residential. The Glacier Village Greens Golf Course and this subdivision are located on the north side of West Evergreen Drive with the entrance to the development approximately one half mile east of Whitefish Stage Road. The property can be described as a portion of Assessor's Tract 2A+ located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. Thomas R. Jentz Planning Director K SKY S-TRf=r WE . 2Ck- 2CC i 2CCA Air Am 7AD E u ' 71 7 FAQ' . .5r� ? ADOMC�NACC. f52 —{ �i A ' 42 ADDAD NO. 27 3 j ProMERID A nP?.. ^- 4 i MESONS s�. tv. _ --� w;. 1 BA YDR 1 12 t _ 7€ !` 1 11Ht3 1 14 PIG 11 ail piel 111 # MERld A 1 2 V D 4w 151 111A [ � - ` AMC � 7 r 1 f AD L2 APPLEWAY DEVELOPMENT CO. LLC REQUEST FOR PRELIMINARY PLAT APPROVAL FOR AN 8 LOT COMMERCIAL SUBDIVISION (APPLEWAY OFFICE COMPLEX) E - 2 GENERAL BUSINESS CITE' OF KALISPELL PI= DATK:02/23/ FILE # KPP-00-02 SCALE 1" = 400' tip►.\Id\KP-Z-ftg 'Es GATEWAm°. AMD PLAT --F A O� EST SLAP uF THE ros AMD PEAT OF -*'Ly PORN AD10 GATEWAY 3 FARO Acre 51 ADDITI 2Ca4 �y LET r— ' r i cH. 2cc f 2CCA SZ 2 f pum T , _ •, 7-0 F tFA r 2 1c RESUB ADD 1+ L KAUSP Av9!£1C14 Act.152 SAN Ts 1 A r LUMBER CO. f 4� Ate. �.°� 1 Acc. c. ADD 44- '� - 8''r IT :�Pro crity 3 2 VERIDWq c MP Ex 1 i G i jFr JSSSMAN wS,: - cr YDJRt vie 16 cis 1 12 T 'o ire 11A SE r$ a 1, DELORIS GROUP LLC / STANLEY PINE MAI IE STERNER REQUEST FOR ANNEXATION & INITIAL ZONING FROM COUNTY R-1, SUBURBAN RESIDENTIAL, TO B-2, GENERAL BUSINESS, CITY OF KALIS ELL PLOT DATE-02/16/00 FILE # IAA-00-0H.