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Staff Report/Annexation & Zoning/PUD
Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispeU.eom/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT: Gardner Investments, LLC - Annexation and Initial Zoning of B- 5/PUD (Industrial-Commercial/Planned Unit Development) MEETING DATE: November 17, 2008 BACKGROUND: The Kalispell City Planning Board met on October 14, 2008 and held a public hearing to consider a request for annexation and initial zoning of B-5 / PUD on nine tracts of land totaling 81.59f acres in size. The properties are located on the east side of Highway 93 South. The 9 tracts of land are not contiguous and are located between the intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane. There are four existing businesses located on two separate tracts included in the annexation request. The Gardner's Auction Service, Rock City, and Janitor's World are located on tract 6. Northwestern Truss, 3215 Highway 93, is located on tract 7C. The 9 tracts of land can be described as follows: tracts 1, 1F, 6, 6I, and lots 1 and 2 of the Mergenthaler Subdivision are located in Section 28, Township 28 North, Range 21 West; tract 7C and lots 4 and 5 of the Lost Creek Subdivision are located in Section 33, Township 28 North, Range 21 West P.M.M., Flathead County, Montana. Kalispell Planning Department staff presented report #KA-08-05 providing details of the proposal and the evaluation. The staff reported that the proposed B-5 zoning district was compatible with surrounding land uses and also consistent with the Growth Policy which designates the area as both commercial and industrial. Staff recommended the board consider recommending the council approve the initial zoning of B-5/PUD based on this and other facts determined in the findings of fact report. At the public hearing, Mr. Todd Gardner, spoke in favor of the proposed annexation and initial zoning and addressed a letter sent to the board by Mr. John Stokes. One other gentleman, Mr. Ted Sokalowski, addressed the planning board with his concerns of an existing fence along the east boundary of tract 7C. The only other comment received was a letter from Mr. Stokes who owns the KGEZ radio station and associated towers. The radio station property is adjacent to several of the Gardner's tracts they are requesting to annex into the city. Mr. Stokes had several concerns including actual ownership of the tracts of land requesting annexation, acknowledgement of his tower easement on the Gardner's property, and illegal subdivision of several tracts the Gardner's currently own. The board discussed the proposed zoning districts and how they may affect the existing uses on the properties. Following this question and answer session, the board recommended unanimously that the city council approve the requested initial zoning of B-5/PUD (Industrial-Commercial/Planned Unit Development) for the property upon annexation to the City of Kalispell. RECOMMENDATION: A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning of B-5 / PUD (Industrial-Commercial/Planned Unit Development) would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad 1VI t Web Senior Planner Interim City Manager Report compiled November 12, 2008 Attachments: Letter of transmittal Staff Report #KA-08-05 and supporting documents Draft minutes from the 10 / 14 / 08 planning board meeting Petition to Withdrawal from Rural Fire District Cost of Services Analysis and Memo c w/ Att: Theresa White, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 REAL PROPERTYDESCRIBED AS TRA1 LOTS I AND 2 OF rj- All DATE. WHEREAS, the City of Kalispell has received a petition from Gardner Investments, LLC, the owners of properties located on the east side of Highway 93 south between the intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-08-05, dated September 30, 2008, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City B-5, Industrial/Commercial, with a PUD placeholder on approximately 81.59 acres of land upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said properties in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Gardner Investments Addition No. 405. SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. 12, so] 91 Pamela B. Kennedy Mayor Theresa White City Clerk • i•! i ! i I 1 i ! i Hil MUM WHEREAS, Gardner Investments, LLC, the owners of the properties described above, petitioned the City of Kalispell that the zoning classification attached to the above described tracts of land be zoned B-5, Industrial/Commercial, with a Planned Unit Development placeholder, on approximately 81.59 acres of land, and WHEREAS, the properties are located on the east side of Highway 93 south between the intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane, and WHEREAS, the petition of Gardner Investments, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-08-05, in which the Kalispell Planning Department evaluated the petition and recommended that the properties as described above be zoned B-5, Industrial/Commercial with a Planned Unit Development placeholder, pursuant to Kalispell City Code 72.21.030(2)(b), and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on October 14, 2008, and recommended that the zoning be City B-5, Industrial/Commercial with a Planned Unit Development placeholder, pursuant to Kalispell City Code 72.21.030(2)(b), and WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as described B-5, Industrial/Commercial, with a Planned Unit Development placeholder, 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-08-05. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF l AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the properties described above as B-5, Industrial/Commercial with a Planned Unit Development placeholder on approximately 81.59 acres of land. SECTION II. Further development upon the subject property will require a Planned Unit Development application and a developer's agreement with the City of Kalispell. SECTION III. 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 I. This Ordinance shall take effect from and after 30 days of its passage by the City Council. Pamela B. Kennedy Mayor Theresa White City Clerk Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner SUBJECT: Cost of Services Analysis - Gardner Annexation MEETING DATE: November 17, 2008 BACKGROUND: This is a cost of services analysis for 9 tracts of land totaling 81.5 acres located on the east side of Highway 93 South. The 9 tracts of land are not contiguous and are located between the intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane. There are four existing businesses located on two separate tracts included in the annexation request. The Gardner's Auction Service, Rock City, and Janitor's World are located on tract 6. Northwestern Truss, 3215 Highway 93, is located on tract 7C. The 9 tracts of land can be described as follows: tracts 1, IF, 6, 6I, and lots 1 and 2 of the Mergenthaler Subdivision are located in Section 28, Township 28 North, Range 21 West; tract 7C and lots 4 and 5 of the Lost Creek Subdivision are located in Section 33, Township 28 North, Range 21 West P.M.M., Flathead County, Montana. Once annexed to the City of Kalispell, full city services would be made available to the property owner. Any necessary infrastructure associated with this development would be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Because the majority of the property is vacant and no development plans have been disclosed, the cost of services analysis has been based on a projected full build out anticipating an average lot size of approximately 2 acres. This would provide for potentially 40 buildings used for commercial or light industrial uses. The impact fees associated with the future build out scenario were generated using recent impact fees required for an engineering firm located in Old School Station. Note that this cost of services analysis has been prepared for commercial land uses and is only an estimate based on a variety of assumptions. This information does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. A complete and accurate calculation of impact fees will be completed at the time a connection to water and sewer is requested and/or a building permit is applied for as the necessary information would be available at that time. CONCLUSIONS: Cost of services for this annexation is estimated to be $224,715. Approximately $1,164,595 will be generated from a one time impact fee for water, sewer, stormwater, police and fire. Anticipated revenue and taxes generated by the development is estimated at $243,905. Based on these estimated figures, the net revenue to the city would be approximately $19,190. Again, these figures represent the theoretical development at the final build -out stage. Please refer to Exhibit A for more details. Respectfully submit Sean Conrad Senior Planner Analysis compiled: November 12, 2008 Attachments: Exhibit A - Cost of Services Analysis c: Theresa White, Kalispell City Clerk Garnder Annexation COST OF SERFVCCES ANALYSIS (COMMERCIAL LAND 90 % COVERED) November 12, 2008 PROJECT DETAILS Number of acres proposed to be annexed. 81.5 Number of commercial units: 40 Average square foot per lot. 88,750 Assessed value per property: $500,000 1. COST OF SERVICES Costs based on commercial acres 81.5 Fire: $76,631 Police: $97,866 Administration: $11,630 Solid Waste: $0 Costs per dwelling unit or Equivalent Residential Unit (ERU): 40 Roads: $17,040 Water: $7,905 Sewer: $4, 328 Wastewater Treatment: $6,694 Stormwater: $2,620 TOTAL ANTICIPATED COST OF SERVICE _ $224,715 2. ANTICIPATED REVENUE GENERATED Assessments based on average square foot per lot. 88,750 Storm sewer assessment: $9,170 Street maintenance assessment: $39,441 Urban forestry assessment: $4,793 Light maintenance assessment: $10,650 Special assessment: $0 Sewer and water bill $79,862 TOTAL ANTICIPATED REVENUE _ $143,915 kincx-jawymi•[Ij Assessed value per property. $500, 000 Total assessed value: $20,000,000 Total taxable value: $614,000 Total additional revenue based on 170 mill levy: $99,990 TOTAL ESTIMATED TAX REVENUE _ $99,990 4. IMPACT FEES Sewer impact fee: $296,923 Water system impact fee: $215,520 Stormwater impact fee $530,712 Police impact fee $6,240 Fire impact fee $115,200 TOTAL ESTIMATED IMPACT FEE _ $1,164,595 SUMMARY 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $243,905 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $1,164,595 7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 AND 3 - ITEM 1) $19,190 'ir; i� ' l iA •- : i- i �' MINUTES OF 7 OCTOBERii: CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Rick Hull, C.M. (Butch) Clark, John Hinchey, Jim Williamson, Richard Griffin and Troy Mendius. Bryan Schutt was absent. Tom Jentz and Sean Conrad represented the Kalispell Planning Department. There were 3 people in the audience. APPROVAL P MINUTES Clark moved and Hull seconded a motion to approve the minutes of the September 9, 2008 Kalispell City Planning Board meeting. ROLL CALL The motion passed 5 to 1 with Williamson abstaining. PUBLIC COMMENT No one wished to speak. GARDNER ANNEXATIONA request by Gardner Investment, LLC for annexation and initial zoning of B-5 (Industrial -Commercial) with a Planned Unit Development (PUD) placeholder for 9 tracts of land totaling 81.59 acres on the east side of Highway 93 South. The 9 tracts of land are not contiguous and are located between the intersection of Highway 93 South and Lower Valley Road and Highway 93 South and Snowline Lane. STAFF REPORT -08-05 Sean Conrad representing the Kalispell Planning Department reviewed staff report KA-08-05 for the board. Conrad reviewed the location of the properties, the current zoning and the growth policy land use designations for the board. The applicants are requesting B-5 (Industrial/ Commercial) zoning designation and the intent would be to provide a variety of businesses including warehouses, light industrial uses and an industrial/ commercial park development. These uses would not create objectionable characteristics such as dirt, noise, glare, heat, odor, smoke, etc., which extend beyond the lot lines. The zoning designation would be found appropriate in both commercial and industrial land use designations. The proposed planned unit development (PUD) placeholder would cover the entire 85+ acres of land and the intent of the placeholder would be to allow a developer to enter into a development agreement with the city binding the property to a future PUD application. At the time of development they would come back before this board and the city council with the full PUD application showing connectivity, access, landscaping and building design. The B-5 is not only compatible with the city's current industrial land use Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Pagel of 5 designation, but the potential change to the mixed -use designation as well. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-08-05 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-5/PUD, (Industrial-Commercial/Planned Unit Development) placeholder. One letter was received from John Stokes of KGEZ Radio which Conrad read for the record. A copy is attached to the minutes. BOARD QUESTIONS Hinchey said this letter raises a question in his mind because he thought the towers were on a portion of land that was excluded from this application. Conrad explained the location of the 2 towers and noted one tower is just outside the property contained in this application and the other tower is just inside this property. Hinchey asked if staff has done any investigation of the claims by Mr. Stokes. Jentz said the letter does not directly affect the planning board because the board is addressing the zoning issue, not whether the property should be annexed or not, which will be a decision made by city council. Jentz added staff will consult with the city attorney and city council when they act on the annexation. Williamson said the B-5 zone is proposed however the existing auction house is not a permitted use in the B-5. He asked if it would then be considered a non -conforming use and Conrad said yes. Williamson asked what impacts that would have on this property until the PUD is developed. Conrad said if the property is annexed and the owners want to expand the auction house the zoning code has provisions were they can expand up to 50% with a conditional use permit. Also the PUD placeholder would allow flexibility for the developer to permit uses that might not otherwise be permitted within the zoning district. The tradeoff is that the projects would be better designed with a PUD. Conrad noted staff is currently updating the city's zoning regulations including the B-5 and indoor auction houses are proposed in the B-5 zone. Williamson said then if there is no expansion there wouldn't be any impacts and Conrad said the auction house would operate as it is currently. APPLICANT/ COWS T TS Todd Gardner, 3065 Airport Road, and Highway 93 South near Kalispell asked to address the letter from Mr. Stokes. Gardner said many of the issues in the letter are not true including any subdivisions approved before they bought the property from the Andersons. These subdivisions were reviewed and approved by the county. Mr. Stokes spent time Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Page 2 of 5 in the county planning office going over all the Anderson transfers and all of the deeds and was told they were all fine. The Supreme Court has ruled on the easement issue and determined it is located on the 32 acres which are not a part of the 160 aces. The development rights belong to the Gardners and agricultural uses are annexed into the cities quite often to be developed which is what they are doing. Gardner continued the reason they want to annex the land is to prepare for development in the future. They do not have any set in stone plans and do not have any fancy drawings for the board but they want to be ready when things turn around and people start pursuing land on the south end of town. Gardner said they have had a lot of people approach them with good quality projects ranging from banks, restaurants and a hotel which would all fit into their vision for the property. Hull asked if they have thought about a road system for this property and Gardner said Jackola has drawn up some potential plans for the road system but it depends on how the land is developed. Gardner said the state has also talked to them about using some of their roads to combine accesses for the bypass when it is constructed. Hull asked who owns the billboards on the property and Gardner said there are 2 different companies with 20 to 30 year leases however, he added the leases contain a clause that they have the ability to take down the billboards as the properties develop and that is their plan. Hull asked if Gardner had any problems with the Siderius Commons proposal and he said no. He added he had visited with the developers of Siderius Commons and planning staff and although he hasn't had a chance to really get into the details he is very much in favor of good quality development on the south end of town. Hull asked if they had any plans for a truck stop/RV Center which Hull feels would be an important component of the bypass. Gardner said they have discussed this type of development not only at this location but on property they own further south of Kalispell. Gardner said the other issue that Mr. Stokes brought up in his letter is in reference to Gardner Development LLC's ownership of the properties and he stated Gardner Investments LLC, Todd & Davar Gardner, and Davar & Vickie Gardner all own parts of the property. Davar is a common owner of all of the property and therefore signed the application. Gardner added however if they need to amend the signatures on the application and petition to annex they will. Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Page 3 of 5 PUBLIC HEARING Ted Sokalowski, 225 Snowline Lane described fencing issues along one of these properties where the fence is 10 feet off the property line. Mr. Sokalowski noted that the fence cannot be just torn down and then put up again in the right place because the animals will get loose. Hull asked if the fence was on the east boundary of the Northwestern Truss property and Sokalowski said yes going east toward Demersville Road. MOTION Clark moved and Williamson seconded a motion to adopt staff report KA-08-05 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-5/PUD, (Industrial- Commercial/Planned Unit Development). BOARD DISCUSSION Hull stated the board feels a grid road system is really important. He likes the existing parallel road and he added it should be extended and other roads should intersect it. Hull said he has appraised the Northwestern Truss property twice and part of that property is in the floodplain and is wetlands and is not developable. Hinchey asked if the entire 80+ acres could be developed as industrial uses and Conrad said the growth policy designates this land as industrial so whatever is permitted in the B-5 or I-1 zones would be appropriate. Hinchey added the board will be able to review the appropriateness of the proposed development when they review the PUD. There was discussion on the uses that would be allowed in the B-5 zone. Jentz said the purpose of the B-5 with the PUD overlay is to ultimately create a well -designed project with mixed uses that relate to each other. Hinchey said he is very encouraged to have the PUD aspect as part of this proposal. Williamson noted there are a couple tracts of land with this proposal that are separated from the rest and he asked if anyone had any concerns about trying to incorporate the separated tracts into a cohesive plan for the PUD. Hull said he feels if the annexation & initial zoning is approved it will encourage the other properties to annex in between. Hinchey said this would be a good start. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Jentz said the scheduled work session for October 28th has instead been scheduled as a work session with staff and the West Valley and Riverdale Land Use Advisory Committees to discuss the Kalispell West Growth Policy Amendment. Jentz suggested the planning board is welcome to attend but it is Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Page 4 of 5 not mandatory. The work session will be held at the Stillwater Grange, 1810 West Reserve Drive and will begin at 7:00 p.m. Next month's meeting is usually the 2nd Tuesday of the month which in November happens to land on Veteran's Day. Jentz suggested some alternative dates for that meeting and it was decided that the meeting should be held the following Wednesday, November 12, 2008. ADJOURNMENT The meeting adjourned at approximately 7:40 p.m. ENTRANCE CORRIDOR Immediately following the regular meeting a work session STANDARDS WORK was held on the following item: SESSION 1. Entrance Corridor Standards NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Wednesday, November 12, 2008, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. The meeting date has been changed to Wednesday due to the Veteran's Day Holiday. After the meeting with the West Valley 8s Riverdale Land Use Advisory Committees on October 28th, as noted above, the next work session of the Kalispell City Planning Board and Zoning Commission will be held immediately following the regular meeting on November 12, 2008. John Hinchey Vice President Michelle Anderson Recording Secretary APPROVED as submitted/corrected: / /08 Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Page 5 of 5 Planning Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning November 12, 2008 Myrt Webb, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Gardner Investments, LLC - Annexation and Initial Zoning of B-5/PUD (Industrial - Commercial/ Planned Unit Development) Dear Myrt: The Kalispell City Planning Board met on October 14, 2008 and held a public hearing to consider a request for annexation and initial zoning of B-5/PUD on nine tracts of land totaling 81.59t acres in size. The properties are located on the east side of Highway 93 South. The 9 tracts of land are not contiguous and are located between the intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane. There are four existing businesses located on two separate tracts included in the annexation request. The Gardner's Auction Service, Rock City, and Janitor's World are located on tract 6. Northwestern Truss, 3215 Highway 93, is located on tract 7C. The 9 tracts of land can be described as follows: tracts 1, 1F, 6, 61, and lots 1 and 2 of the Mergenthaler Subdivision are located in Section 28, Township 28 North, Range 21 West; tract 7C and lots 4 and 5 of the Lost Creek Subdivision are located in Section 33, Township 28 North, Range 21 West P.M.M., Flathead County, Montana. Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-08-05 providing details of the proposal and the evaluation. He reported that the proposed B-5 zoning district was compatible with surrounding land uses and also consistent with the Growth Policy which designates the area as both commercial and industrial. Staff recommended the board consider recommending the council approve the initial zoning of B-5/PUD based on this and other facts determined in the findings of fact report. At the public hearing, Mr. Todd Gardner, spoke in favor of the proposed annexation and initial zoning and addressed a letter sent to the board by Mr. John Stokes. One other gentleman, Mr. Ted Sokalowski, addressed the planning board with his concerns of an existing fence along the east boundary of tract 7C. The only other comment received was from Mr. Stokes who owns the KGEZ radio station and associated towers. The radio station property is adjacent to several of the Gardner's tracts they are requesting to annex into the city. Mr. Stokes had several concerns including actual ownership of the tracts of land requesting annexation, acknowledgement of his tower easement on the Gardner's property, and illegal subdivision of several tracts the Gardner's currently own. The board discussed the proposed zoning districts and how they may affect the existing uses on the properties. Following this question and answer session, the board recommended unanimously that the city council approve the requested initial zoning of B- 5/PUD (Industrial-Commercial/Planned Unit Development) for the property upon annexation to the City of Kalispell. Please schedule this matter for the November 3, 2008 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board John Hinchey Vice President Attachments: Letter of transmittal Staff Report #KA-08-05 and supporting documents Draft minutes from the 10 / 14 / 08 planning board meeting Petition to Withdrawal from Rural Fire District Cost of Services Analysis and Memo c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Gardner Investments, LLC P.O. Box 958 Kalispell, Montana 59903 CH.11-4#1Floil- I REPORTSTAFF • • � • r SEPTEM33ER 30, 2008 This is a report for the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of B-5 (Industrial -Commercial) with a Planned Unit Development (PUD) placeholder upon annexation to the city for property located on the east side of Highway 93 between Lower Valley Road and Snow Line Road. A public hearing has been scheduled before the planning board for October 14, 2008 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 property owner has petitioned for annexation and initial zoning classification of B-5/PUD. A. Petitioner and Owners: Gardner Investments, LLC P.O. Box 958 Kalispell, Montana 59903 (406) 752-7683 B. Location and Legal Description of Property: The annexation request includes 9 tracts of land totaling 81.59t acres on the east side of Highway 93 South. The 9 tracts of land are not contiguous and are located between the intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane. There are four existing businesses located on two separate tracts included in the annexation request. The Gardner's Auction Service, Rock City, and Janitor's World are located on tract 6. Northwestern Truss, 3215 Highway 93, is located on tract 7C. The 9 tracts of land can be described as follows: tracts 1, 1F, 6, 6I, and lots 1 and 2 of the Mergenthaler Subdivision are located in Section 28, Township 28 North, Range 21 West; tract 7C and lots 4 and 5 of the Lost Creek Subdivision are located in Section 33, Township 28 North, Range 21 West P.M.M., Flathead County, Montana. C. Existing zoning: The properties are currently in Flathead County jurisdiction and are zoned I-1H, Light Industrial - Highway, which has a one -acre minimum lot size requirement. The I-1 H zoning district is intended for industrial areas which are located along state and federal highways and contain greater levels of performance and mitigation utilizing increased setbacks, landscape buffering, access control and signage restriction for the purpose of protecting the County's major travel ways from unnecessary encroachments, limiting access points to encourage improved traffic flows and to preserve scenic corridors and entrance ways to major communities. D. Proposed Zoning: The B-5, Industrial -Commercial, zoning designation has been proposed for all 9 tracts of land. The B-5 zoning district is intended primarily to accommodate a variety of business, warehouse, and light -industrial uses in industrial -commercial park development. Such uses shall not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.) which extend beyond lot lines. This district should be located near major arterials and rail services. The Planned Unit Development (PUD) placeholder is also proposed to be placed over all 9 tracts of land in conjunction with the B-5 zoning district. The intent of the PUD placeholder is to allow the developer to enter into a development agreement with the city, binding the property to a future PUD application. The PUD placeholder does not require the developer to provide any application materials or development plans and the developer does not receive any entitlements other than a commitment between the city and the developer that if development is to proceed it will be done via the PUD process. Prior to development of the individual properties, the developer would submit for review and approval a full PUD application as required by the zoning ordinance. E. Size: The area proposed for annexation and zoning encompasses approximately 81.5 acres. F. Existing Land Use: The majority of the 81.5 acres is unimproved land except for two of the tracts. Tract 6 includes an auction house, janitor supply store and retail store specializing in building and landscape rocks. Tract 7C, south of tract 6, is developed with a truss company. Tracts 1 and 1F are developed with billboards, tract 6I includes a radio tower serving a nearby radio station, and lot 5 of the Lost Creek Subdivision includes a 300 square foot building previously used as an office. Figure 1: The picture on top is of the existing truss company on tract 7C. The picture below shows the three commercial buildings on tract 6. If the properties included in the annexation request are annexed and are given the initial zoning of B-5, the existing auction house on tract 6 and the single- family residence on tract 7C will become a non -conforming use. Also, the billboard signs on tracts 1 and 1F will eventually need to be removed based on provisions in chapter 27.24 of the zoning ordinance. Sections 27.17.020 and 27.17.030 listing the permitted and conditional uses in the B-5 zoning district do not include an auction house. The auction house will therefore be considered a non -conforming use subject to the provisions of chapter 27.25, Nonconforming lots, uses and structures, of the Kalispell Ordinance Code. Possible changes to the permitted or conditional uses in the B- 5 zoning or through the PUD process could alleviate the non -conforming status of the auction house in the future. The three existing billboards located on tracts 1 and IF will need to be removed within five years of annexation of the properties provided they are assigned the B- 5 zoning district. Section 27.24.080(7)(h) states, "Whenever a parcel of land containing any billboard is rezoned, or annexed and zoned, to one of the prohibited zoning classifications, the billboard or billboards shall be removed within five years of the rezoning or, in the case of annexation, within five years of the date upon which a city zoning classification is imposed upon the annexed parcel; provided that any billboards removed pursuant to this subsection may be reinstalled within any of the permitted zones listed in Section 27.24.110, in accordance with subsection (fl, supra." Section 27.24.110(9) prohibits billboards in the B-5 zoning district. Figure 2: The three existing billboards on tracts 1 and 1F. The photo was taken viewing the billboards from the perspective of northbound traffic on Highway 93. Highway 93 is just outside of the picture frame on the left. The planning board and city council should note two other minor issues related to signs and lighting. There is currently an off -site commercial center sign located in the southwest corner of lot 1 of the Mergenthaler subdivision. The commercial center sign faces Highway 93 and is advertising three commercial buildings located east of the highway. The sign includes four panels however only three of the panels are currently being used. The total sign area for all four panels is approximately 36 square feet per face. This complies with the County's sign standards for maximum allowable signage. Figure 3: The existing off -site commercial center sign on lot 1 of the Mergenthaler Subdivision. If the property is annexed and assigned the B-5/PUD zoning the sign will be considered non -conforming based on Section 27.24.070 of the zoning ordinance. This section of the code provides for sign area allowances for developed properties. The property is currently undeveloped, making the sign non -conforming at this time. Once the property is developed the sign area will be counted towards the overall sign allowance for the property. The sign will also count towards the allowable detached signs permitted for the property. Regarding the lighting, during a site inspection of the properties the outdoor lighting for the existing commercial buildings does not meet the outdoor lighting standards in the zoning ordinance. The wall lighting is not fully shielded as required by the ordinance code. If annexed, the lighting will need to be brought into compliance by January 1, 2009. The city council may grant two, one-year extensions based upon a specific hardship and upon written request. G. Adjacent land Uses and Zoning: Adjacent land uses are a mix of commercial and light industrial along Highway 93 with undeveloped land approximately 1/4 mile east of the highway. These uses include a moving company, radio station, heavy equipment rental and repair, veterinary clinic, mini -storage and powder coating company. The two lots along Snowline Lane have commercial uses to the north and south with residential development to the east and southeast of the properties. An attached aerial photo of the area titled Gardner Annexation Area shows existing development in relation to the land requesting annexation and initial zoning. North: Residential and commercial, County R-1 (Suburban Residential) and County I-1 H East: Vacant land, County SAG-5 (Suburban Residential) South: Residential, R-1 (Suburban Residential) West: Commercial/Industrial, City B-2 (General Business) H. General Land Use Character: The general land use character of the Highway 93 South corridor is commercial and light industrial uses concentrated along Highway 93. Moving east from the highway oriented businesses are larger undeveloped tracts or rural residential tracts of land. I. Availability of Public Services and Extension of Services: With the exception of the Town Pump gas station, located at the intersection of Cemetery Road and Highway 93, and Old School Station, located on the south end of the growth policy amendment boundary, the remaining lands are outside of city limits. Existing city infrastructure in this area includes city water and sewer lines running the length of Highway 93 from Cemetery Road south to the Old School Station subdivision. These lines have been oversized to serve not only the Old School Station subdivision but the anticipated future development that would occur on the tracts of land included with the annexation request. The statutory basis for reviewing a change in zoning is set forth by 76-2-303, Montana Code Annotated (M.C.A.). Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. Does the requested zone comply with the Master Plan? Three of the properties, tracts 1, 1F, and a portion of 6I are designated by the Kalispell Growth Policy Future Land Use Map as commercial. This designation is found at and around the intersection of Highway 93 and Lower Valley Road. The remaining tracts of land included in the annexation request are designated industrial by the Kalispell Growth Policy Future Land Use Map. Based on the current growth policy land use designation the applicants requested the B-2 (General Business) and I-1 (Light Industrial) zoning districts upon annexation. The B-2 zoning district complies with the commercial land use designation and the I-1 complies with the industrial designation. Upon further review of the zoning districts the planning department is recommending the planning board consider an initial zoning of B-5 with a PUD placeholder for all of the tracts requesting annexation. The planning department has discussed the B- 5 / PUD zoning with the applicants and they concur that a B-5 zoning district with a PUD placeholder is reasonable based on the current land uses on and around the properties included in the annexation. The planning board has recently reviewed and recommended changes to the land use designations in this area of Highway 93. The changes in land use designations have come about because of increased pressure by a large landowner to the west to also annex into the city and secondly to review the larger Highway 93 corridor to determine whether the industrial land use designation is still relevant in this area. After holding a public hearing the planning board recommended the industrial land use designation on the east side of Highway 93 be changed to an urban mixed use designation. The urban mixed use designation is intended to provide for a compatible mix of high intensity uses including office as well as some commercial and light industrial. Residential development including single- family, townhomes and apartment units along with public facilities would also be found in this land use designation. The intent, permitted and conditional uses of the B-5 zoning district comply with the urban mixed use land use designation in addition to the commercial and industrial land use designations. The proposed B-5 (Industrial -Commercial) zoning district permits a variety of office, commercial and light industrial uses that are compatible with both the existing commercial and industrial designations and the anticipated change to the urban mixed use designation. This is based on the B-5 zoning district's intent to accommodate a variety of business, warehouse, and light -industrial uses in industrial -commercial park development. Such uses shall not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.) which extend beyond lot lines. This district is also intended to be located near major arterials and rail services. Highway 93 fronts half of the land proposed for the B-5 zoning. The other half of land is within 1/4 mile or less of Highway 93. The following goals of the Kalispell Growth Policy support the request to zone the tracts of land B-5 upon annexation: Chapter 4, Goal 2 NEW COMMERCIAL DEVELOPMENT SHOULD OCCUR IN AREAS WHERE PUBLIC WATER AND SEWER ARE AVAILABLE. Chapter 4, Goal 6 PROVIDE ADEQUATE AREAS WITHIN THE COMMUNITY FOR COMMERCIAL AND INDUSTRIAL EXPANSION AND DEVELOPMENT. In addition to zoning the 81.5 acres B-5 upon annexation the developer is also requesting the Planned Unit Development (PUD) placeholder be included in the zoning. The majority of the land proposed for annexation is unimproved and there is the potential for one or more of the tracts of land to be sold and developed separately. This can become a problem if future street and utility connectivity is lost due to poor design. The PUD placeholder will allow the developer to enter into a development agreement with the city, binding the property to a future PUD application. The PUD placeholder will be beneficial to both the current or future developers and the city as it would take into account the development of each individual or combination of tracts of land with surrounding lots and uses. This broader view of the area will help to ensure there will be a cohesive design of future streets, sidewalks, stormwater, building location and design and parking on the properties. Support for a cohesive design for lots zoned commercial and/or industrial is included in the growth policy. Chapter 4, goal 1 of the Kalispell Growth Policy states, "Encourage the development and growth of prosperous commercial and industrial districts, each with a viable mix of businesses, suitable infrastructure, and a coordinated development pattern that reduces business costs and increases small business opportunities." The PUD placeholder does not require the developer to provide any application materials or development plans at this time. The developer does not receive any entitlements other than a commitment between the city and the developer that if development is to proceed it will be done via the PUD process. Prior to development of the individual properties, the developer would submit for review and approval a full PUD application as required by the zoning ordinance. In conclusion, the proposed B-5/PUD zoning is consistent with the existing commercial and industrial land use designation shown on the Kalispell Growth Policy Future Land Use Map. The B-5/PUD zoning will also be consistent with the urban mixed use land use designation if the city council approves the changes recommended by the planning board. 2. Is the requested zone designed to lessen congestion in the streets? The uses allowed under the proposed B-5 zone would not generate more traffic than those allowed under the existing I-1 H county zoning. This is because the proposed B-5 zoning includes very similar uses as the I-1H zoning district. All of the tracts included in the annexation request are adjacent or within 1/4 mile of Highway 93. Upgrades to the highway as well as the PUD placeholder and revised goals and policies proposed in the Kalispell Growth Policy for this area will require alternative transportation routes in the area. This in turn would lessen congestion for the immediate streets. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the properties which would compromise the safety of the public. Any 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 and fire protection, water and sewer service would be available to the property. For water and sewer service this may require main line extensions by the developer for future projects. 4. Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those which would be consistent with the city's growth policy map and provide a place for new commercial business or industrial uses to locate within city limits. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on the properties are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? The minimum lot size for the proposed B-5 zoning designation on this property is 7,000 square feet. The potential development associated with the property would be limited by both the development standards associated with the B-5 zoning district that relate to lot coverage and the types of uses permitted under the zoning and the PUD placeholder. The PUD placeholder will ensure that the uses and layout of properties included in the annexation will not cause an overcrowding of land. Commercial and industrial development in this area is appropriate because of its location and the availability of urban services. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use 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 will be provided to the properties prior to construction and development is encouraged in the Kalispell Growth Policy 2020 where these services are available. The properties have legal access onto either Lower Valley Road, Highway 93, or Snowline Lane. Within the Highway 93 right- of-way are city water and sewer main lines. If annexed, these lines would be available for future developers to extend to their individual project. There are no sidewalks or bike paths along the portion of Highway 93 where several of the properties are located. This will make pedestrian or bicycle travel difficult and require future development on lots adjacent to Highway 93 to install bike or pedestrian paths. Utility connections and transportation corridors would be addressed when development is proposed on the property. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? All of the properties are fairly level, with one tract, 7C, having its eastern portion within a 100-year floodplain. However, future development on tract 7C would occur west of the existing truss company located on the property and out of the floodplain portion of the property. The proposed B-5/PUD zoning district would permit uses consistent with the surrounding land uses already established along the Highway 93 corridor. The proposed zoning districts can therefore be found to give due consideration of the suitability of this property for the permitted uses in the district. The property is suitable for commercial and light industrial type land uses as indicated by the Growth Policy. 10. Does the requested zone give reasonable consideration to the character of the district? The properties included in the annexation and initial zoning request are located on the east side of Highway 93 south of Lower Valley Road. This area's character is a combination of commercial and industrial development along Highway 93 with undeveloped lands both along the highway and east of the existing development. There are some larger residential tracts of land to the north of Lower Valley Road and along Snowline Lane, the southern extent of the lots requesting the initial zoning. However, residential development is not the predominant land use. In the early 1990's the city and county adopted the Highway 93 South Neighborhood Plan as an amendment to the Kalispell City -County Master Plan. The Highway 93 South neighborhood plan was completed in large part to provide a basis for zoning this area just outside of city limits. At that time it was determined that industrial land uses would be the most appropriate for this area instead of maintain the predominately agricultural uses that had been in place. The county subsequently zoned the area in and around the properties requesting annexation to an industrial zoning district. This district is still in place today and has led to the mix of commercial and industrial uses which make up this area of the county. The character of this area, once primarily large single family lots and agricultural operations, continues to change. This can be attributed to the county industrial zoning initiated over a decade ago and more recently the installation of public water and sewer lines in this area. A B-5/PUD zoning designation would be appropriate for the site given the existing land uses and potential development encouraged through the industrial zoning for the area. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the B-5/PUD 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? Commercial and light industrial development should be encouraged in areas were services and facilities are available to support these types of uses permitted or conditionally permitted under the B-5 zoning district. The proposed zoning and potential subsequent uses would be consistent with the surrounding land uses in the area. When development occurs, construction standards outlined and required in the city's building codes and subsequent PUD review will help to enhance one of Kalispell's most used gateway entrance corridors. z4xr�*Ijj 1 ji I WO bCON in Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-08-05 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-5/PUD, (Industrial- Commercial/Planned Unit Development). 10 Oct 13 08 12:12p Elizabeth 406-257-0469 P•1 October 13, 2008 Regarding Rezone Annexation Request File# KA-08-05 Objection to rezone and annexation. All members of this planning board are put on notice of these facts. Gardner's Development LLC are not the majority owner and therefore not qualified to petition for annexation or rezone. Gardner's testified in open court, and introduced exhibits on these very properties, and Gardner's Development LLC only own 5 acres adjacent to Merganthalers and one small lot with a residence upon it on Lower Valley road. Gardner's Development LLC do not own the property requested in the Rezone and annexation. Examine the title. If it is otherwise, they committed perjury in court on September 16th and 17th, 2008. I also believe one is not permitted to make false statements to a governing body, under penalty of law. The properties have a permanent easement upon it for the perpetual placement and relocation of towers that are currently used by KGEZ 600 AM, and to be for agricultural use only. Any obstacles placed upon the easement are to be removed. Also the KGEZ towers emit extremely dangerous and deadly radiation. Humans are not to be within 500 feet for any prolonged period of time. Radiation is a known cancer risk. The development rights are possessed by KGEZ, the dominanftenant not Gardner's the serviant tenant. Judge Stadler reduced the easement, to 33 acres from 160, unlawfully and exceeded his jurisdiction. Yet you do not even show The segregated parcel. A Summons and Complaint against Judge Stu Stadler is being prepared to file in the United States Federal Court 10th District Washington D.C. For exceeding his jurisdiction. All parties of record were put on notice in April 10, 2008. The Gardner's and the Anderson have been engaging in unlawful subdivisions of these parcels outside of the Montana Subdivision Statues and avoiding the legal process of subdivision. The Anderson's have been creating family transfers, or agricultural subdivision claiming exemption of the subdivision laws and then immediately selling the property to the Gardners. The penalty for avoiding the Montana Code is to void the transfer of ownership, not reward, with annexation or enhanced value through Zoning. You now have been put on notice and required to investigate and enforce the subdivision statutes in their entirety. Oct 13 08 12:12p Elizabeth 406-257-0459 p,2 The have also been claiming agricultural use for real estate tax purposes, not business industrial. Agricultural land is not to be annexed into cities per Montana Statute. ctf s John Stokes KGcZ 600 AM P.O. Box 923 Kalispell, Montana 59903 752-2600 Oct 13 08 12:13p Elizabeth ff5A�A SAF 406-257-0459 p.3 LOT 4 5G + �MBq 5MBAA I 5J 5i� 5µ 8 15C eAA 5B 7 F G ;5 sKo SKG — 50 5C a 5K 5KE 51. + 1�0 T 78 11 COUNTRY 11 ISAA 5G 5Ki3A 5K6 7AA COURT 5 5C 5KAI 5K68 7A k 2 4 ti I' IE LOWER VAL-EY RO 148 14AC 14A8 ? 1 1 tv �f' L 12 `�e L1 1� 14 t3i L D4ADk' 14 6 4 1�D0 4, 14A 9 & l� 1 � o ` 1 i 18 17 16 l./ z 1 I WNDR +9 20 2. 6D m 25 < 2J 2. 26 12 �l 27 i \ Y I 28 + ' v, HOM� owl 6G / I� PARS e-u tvP_ I 2 7 I I I f s+ I�1 Oct 13 08 12:13p Elizabeth 406-257-0459 p.4 THE EDGM P.O. Box 169 Kalispell, MT 59903 406-752-2600 FAX 406-257-0459 a � i 1 , " a ., i�• Y IT IS ALSO THE POLICY OF 1 NO PERSON SHALL CLIMB THE KGEZ TOWERS WHILE THAT STATION IS ON THE AIR.. PLEASE CONSULT WITH MANAGEMENT a BEFORE ATTEMPTING •. CLIMB THESE • '; a •� , ` •tea• •19-43ZVAZOAmi� Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/pla November 5, 2009 Gardner Investments, LLC Attn: Davar Gardner P.O. Box 958 Kalispell, MT 59903 -0958 RE: Fire requirements for Tract 7C and Lot 5 of the Lost Creek Subdivision upon annexation Dear Mr. Gardner: This morning Dan Diehl, Kalispell Fire Chief, and D.C. Haas, Kalispell Fire Marshal, met with you to discuss fire related concerns for buildings located on Tract 7C and Lot 5 of the Lost Creek Subdivision. If annexed, the fire department will provide the fire suppression for these buildings however, no fire hydrants serve either of the properties. It was agreed that for the small office located on Lot 5 of the Lost Creek Subdivision the power would be cut to the building within the next week. For the existing truss company on Tract 7C, it was agreed that annexation could occur but a fire hydrant would be installed by you at a location approved by the Kalispell Fire Department no later than June 1, 2009. If you have any questions please contact me at 758-7940 or by email at sconrad@kalispell.com. Sincerely, Sean Conrad Senior Planner c: Kalispell Fire Department City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 1�7� Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: GA yu)y') —2 J-- \) MAIL ADDRESS: 0 1) 011C- j� CITY/STATE/ZIP: KR� \�S QC�-\- , 1`n� ���I ( PHONE:_��,~�5�- INTEREST IN PROPERTY: G N }� Other Parties of Interest to be Notified: PARTIES OF INTEREST: N O �J -e-- MAIL ADDRESS: CITY/STATE/ZIP: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: PHONE: Address of the property: Legal Description: See - (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) The present zoning of the above property is: The proposed zoning of the above property is: Q - 2 T -1 State the changed or changing conditions that make the proposed amendment necessary: The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. Lj— '—D (Date) 0 Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Amiexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the SbQ7'H KhL4,5'Ae'Z.L Rural Fire District under the provisions of. Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex 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. In the event the property is not immediately annexed, the Petitioner(s) 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 Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. 7 Petiti er/ Date Petition/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this day of nt1 � , before me, the undersigned, a Notary Public for the State of Montana, personally appeared 1 LYML- Al , 6 M0,11 EP— 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 Notary Seal the day and year rtificate first above written. Sri..... L rraxr at #s�AL * otary Public, State of Montana w OPCOMRkpWas C. 7 Residing at KeL - ' My Commission expires. 10 2-C -(D rZ STATE OF MONTANA ) : ss County of Flathead County On this day of inRJ '� , o , before me, e undersigned, a Notary Public for --- the State of Montana, personally appeared f''z nl st- 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 year in this certificate first ' n. <_� <'- STATE OF MONT County of Flathead • . Off, : ,OTAO y PIJBL\G %LP6F M9 Notary Public State�o Mo ►`�ai. Residing at My Commission expires: day and 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 axed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires 11/09/2008 23:30 FAX 40B7529674 a 002/002 F,Xhibit A LEGAL DESCRJ.PTION That portion of the North half of the Northwest Quarter of Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Northwest corner of said Section 33; thence along the North boundary line of -said Section 33, South 89°56'04" East 43.01 feet to a point on the East right of way line of U.S. Highway No. 93 said point being the Point of Beginning; thence along the North boundary line of said Section 33, South. 89°56'04" East 1320.03 feet; thence South 00°03'56" West 330.00 feet; thence North 89°56'04" West 1320.03 feet to a point on the East right of way line of U.S. Highway No. 93; thence along said right of way line North 00°04' 14" East 330.00 feet to the point of beginning. Excepting Therefrom: that portion conveyed to the State of Montana for public highway purposes as granted in Deed recorded June 1, 1948 AND that portion lying within the right of way of Highway No. 93 as disclosed in the Amended Judgment and Final order of Condemnation to the State of Montana, Montana Department of Transportation recorded November 6, 2000, Instrument No. 2000-311-14300, records of Flathead County, Montana. jTL3 NO.: CT-75513 Lots 4 and 5 of Lost Creek Subdivision, according to the map or plat thereof on file and of record S.n tho office of the Clerk and R.ocorder Of Flathead County, Montana. EXC'EPTMiG THEREFROM that portion. of Lot 5 deeded to Montag, Department of Transportation. in Bargain and Sale Deed, recorded July 12, 1999, as Doc. No. 1999-193-08510, recorde• of p7.athead County, Montana, SUBJECT TO ri,ghta of way and easaments established or of record. SUWBCT To A reservatice of an eamement over the portion of said land and for the p=poees stated herein, and zaci,deutal F%%rP0ses, IN FA'flM OF; The Federal Land, Dank of Spokane FOR : reservation of 504 of all mineral, oil and gas and related rights RECOP= t7hUU&-ky 29, 1945, in Book 261, page 154, as Doc. No. 340, records of Flathead County, Montana. SUBJECT TO conditions and protective covenant- contained in Abstract of Property Settlement Agreement executed by artd between Snow Line Tree Company and Mary Margaret Littlm, recorded May 19, 1978, in Hook 642, Page 479, as Doc. No. 7133, records of Flathead County, Mc*ztasza, but deleting any covenant, condition or restriction indicating a proforence, limitation or discrimination based on race, color, relig,iou, sex, handicap, familial statu9, or national origin to the extent such covenants, Conditions or restrictions violate 42 USC 3604(c) SUBJECT TO Easemt* t for tra-=4moion line and related purposes granted to Flathead Electric Cooperative, Inc., recorded September 21, 1983, in Book 782, Page 977, as Doc. No. 17524, records of Flathead County, Montana. SUBJECT TO Sign Location Lease dated August 29, 1985 executed by and between Hugh R. Louden and Epson Saga Company, £or a term of 5 years and any wmensi== , renewals or uwdificatiot:c thereof, recorded April 1., 1986, as Doc. No. 85-091-14010, records of Flathead County, Montana. SUHJ2CT To Twenty foot wide water line easements as depicted on Lots 4 and 5 of Plat of Lost Creek Subdivision., SUBJECT TO Utility eastmw;nts end powerline easements as depicted of the Plat o! Lost Creek Sob(iivisi oxL. SUBJECT To owners Certification and grant of designated Utility Easements to the public, as containai on t)ne Plat of Loet Creek Subdivision. SUBJECT TO Sixty foot duclared county road, known as Snowiine Lane, along South boundary, SUBJECT TO The effect of restrictions contained in Certificate of Subdivision Flat Approval recorded with the Plat of Lott Creek 9titbdivision, recorded au -AP 23, 1997, as boeut:eut No. 9.997-245-1.1510, recoxda of Flathead County, Montana. SUS.TECT To water well Agreement and Grant Of !--tsrsst TM WAtor Nell upon the terms, conditions and provision contained therein: DAT= January 2, 1997 PARTIES Bugh R. Louden RECOAVEV, September 2, 1997, as Doc. No, 1997-245-11530, records of Flathead County, M= tana. SUSJ.EC: TO A91eMent by Bad between Hugh R. Louden and the State of Montana regarding access control lines and private approaches recorded July 12, 1999, as Doe. No. 1999-193-08510, records of FSatiaead County, Montana, SUBJECT To Reservation of $0$ of 41 mineral, oil, and g'as and related rights contained in deed executed by The Federal Land Sank of Spokane, recorded January 29, 1945, in. Boole 261, page} 1S4, As Doc, No. 340, records of Flathead County, Mont (6$4.S g•tRrEof/'ONY.sN.t totAV?vofFL.477NEitD1 sY ' RE,!UQG''t7.i'r 1 Tf.'c R�Cc7RDSOl• fLA7i��0 5iA'+'�Gi�'�O�Vi"AAGL �T 7� ; b� ., c�.f. 1'�z• w sal '•�Ut�lLY�'.�,hy':n'1 G71',?XAA°!A�'aR6' R�+N Gd �4YL7vT« Apo �S� ©oe 200 Mo2 LTRI ILNO IL Id BTSS 92L 90V YV3 M PT 9009/LO/TT —T' BEG G at the northeast corner of the Northwest Quarter of the southwest Quarter of Section 28, Township 28 North, Range 21 WeSt, Flathead County, Nontana, which is a found iron pin;. Thence along the east boundary of said IRWI/4SW1/4 SOO'09150"E 920.64 feet to a found iron pin; Thence S30'50'14RW 465.57 feet to a found iron pint Thence 800°05442NW 904.78 feet to a yeti iron Pint Thence S89 ..54 r 21" W 316.79 feet to a found iron piss; Thence SO0'06159"W 418.85 feet to a found iron pin on said south boundary of Section 28; Thence along said boundary X89 54'21»W 60.00 feet to a found iron pin; Thence X00 `06'591M 659.94 feet to a found iron pin; Thence 900'05142"E 663.04 feet to a found iron pin; 'Fence Noo'oo1151*W 659.95 feet to a found iron putt Thence NOS'5940711E 21.57 feet to a found iron pint', Thence 900'16'OS@W 1933.54 feet to a found iron pin on the southerly R/W of a county road known an Lower Valley Road; Thence along said R/W 988'47f36®E 596.68 feet to a found iron pint Thence ).saving said R/W S00`09158RN 1260.51 feet to the point of beginning and containing 42.940 ACRES; Subject to and Together with two (2) 60 foot private roads and utility easements as shown hereon; subject to and together with all appurtenant easements of record. T L000 WoOl,1:V'Id II. ND H, ld 6T55 95L 90% XVS 00:rT 9009/LO/TT 012;z7h'530 FILE NO.; '*CT-65489 A A tract of land situated, lying, and being in the Southwest Quarter Northwest quarter (swl/4Nwi/4) of: section Twenty-eight (28), Township Twenty-eight (20) North, Range Twenty-O:Le (21.) west, P.M.M., Plataaad county, Montana, cad more particularly described as follows to wit; Commencing at the Northwest Garner of the Southwest quarter Northwest Quarter (Swl/4Nwl/4) of Section 28, Township 28 North, Range 21 west, P.M-)d Vlathead County, MG,ntana, which is a found iron Pin, thence South DO-04149" East, and along the Weat boundary of saiq swi/4Nwl/4, a distance of 30.01 fast to a point; thenc* South 88'35100" Sast, 30.01 feet to a point on the Easterly R/w line of U.S- Highway No. 93; thOssce South 00'04'49" East, and along the East R/w line of said Highway No. 93, a distance Of 406.9111 feet to a set iron pin and the True Point of Beginning of the tract of land here -in descx.ibed; thence North 89'55146" East, 469,82 feet to a set iron Dina thence South 00.05100" East, 356.61 feet to a set iron pin; thence South 89'57130" West, 450.10 feet to a found iron pin on the Easterly R/w line of said U.B. Highway No. 93, which point is on a 2,925,00 foot radius curve concave Southwesterly, (having a radial be4ring of South 89'36'16" west); thence along said R/W line in 8 Northwestarly direction through a central angle of 6'101520 an axc length of 315.56 feet to a set iron pin; thence North 90'04149" West, and continuing along said R/W line, a distance Of 41.56 Pemt to the place of Beginning. Tract 2 of Certificate of Sur-gy No. 6628. SUBJECT TO A reservation of an easement over the portion of said land and for the purposes stated herein, and incidental purposes, IN FAVOR Okra The Montana power Company MR s the perpetual right and easement for flooding, subirrigating, draining, or otherwise affecting with the water of Flathead Lake and its tributaries RECORDED a October 24, 1949, its Book 306, Page 362, as Doc. No. 5073, records of 714thead County, Montana, SUBJECT TO Easement for the perpetual right and easement to erect, construct, operate and maintain radio towers, guy wires and ground and feed wires, and conduicts granted to Donald C. Treioar recorded October 24, 1949, in took 307, Page 361, as DOC, No. 5074, records of riatheaa County, Montena. AND Grant and transfer of easement executed by Donald C. Treloar and Helen E. Treloar to KGEZ xncorpocated, recorded July 1, 2958, in Hook 421, Page 199, as T'00 CM N00ULtIId AJND H.LZ3 6T22 9�;L 90f Xv3 M PT 900Z/L0/TT EBHSBiT A FILL' NO.: *CT-65489 A tract of land situated, lying and being 1A the sout7we-st Quarter Northwest Quarter (SW1/4Nw1/4) of section Twenty -sight (28), Township Twenty-eight (28) North, Range Twenty-one (21) West, F.M,m,, Flathead County, Montana, and more Particularly described as follows to wit: commencing at the Northwest Corner of the Southwest Quax;ter Northwest Quarter of Section 28, Townahip 28 North, Range 21 Weat, p.M.14_ Flathead County, Montana, which is a Round iron pin; thence south 00'04'49n Bast, and along the West boundary of the said SW1/4NWi/4, e distance of 30,01 feet; thence South 88'35100" 9-Agt, 30.01 feet to a found iron Din on the Southerly R/W line of the deeded County road known as "rawer Vnll®Y Road", said point being the True PoInt of Beginning of the tract of land herein describedt thence south 88'35.00" Zest, and along the South R/W line o£ said Dower Valley Road,ir d--p �;�o a distance of 468,96 feet to a set iron pin; thence South 00'05100" East, 393-97 ,feet to a act iron Dine thence South 89'55'56" 'west, 460.82 feet to a get iron pin on the Easterly R/W line of U,S. Righwuy ft. 93; thence North 00'04'49" West, and along the gsaterly R/W line of Said Highway No- 93, a distance of 406.03 feet to the Place of Beginning. ao Tract 1 of Certificatt- of Survey No. 6628. Suss6cT TO A re®ezvation of an easement over the portion of said land ana for the purposes stated herein, and incidental purposes, IN FAVOR UF: The Montana Power Company FOR : the perpetual right and easement for Eloodirlq, subirrigating, draining, or otherwise affecting with the water of Flathead Laka and its tributaries RECORDED Oatoker 2d, 1949, in Book 306, page 362, as Doc. No. 5073, records or Flathead County, Montana. SUWXCT TO Easement for the perpetual right and easement to erect, construct, operate and ma4ntai.n radio tawere, guy wires and ground and feed w-trey, and condulcts granted to Donald C. Tz-aloar recorded October 24, 1949, in Book 307, Page 361, as Doc- No. 5074, records of Flathead County, Montana. AND Grant and transfer of easement executed by Donald C. Treloar and Helen 9. Treloar to RGEZ Tndorporated, recorded July 1, 195a, in Book 421, Page 199, as coo►a N00UTId ID10 JILzd 6T22 99L 90V Y3 eo:VT 90oaiLo/TT :900; 4 ) BY F5CTC' "ATE � PAGES � 3Y AUL k MMI'dWN F+ATMAU et NT/ MONTAM' ® AND WHEN RECORDED MAIL TO. GardnerInvc5wn ,LLC. PO son 9n K21NMO, MT 59903 MW � at R&Nest or; Spur+ire Tats tk�e fa s use orby Flathead County Title Cornpany i (Q Order No.: 190788-FT Parcel No.: 0009521 & 098=1 WARRANTY DEED i FOR VALUE RECl:Z1 D, ! North Montana Aventia Partnerzhlp, LLP, a Montims UmiAed Unbility Pa hereinafter called Granrar(s), do(es) hereby grant, bargain, sell and convey unto GmrdnerI LLC., a Montobe LJmkiBd LhdOty Company whose address is PA Sox 95k Kbillispoll, stT SOW QHereinafter the Gtanb—m the f ng described premises situated d County, Morttana,IL LOTS I AND 2 OF MERGENTHALER SUBO SION, ACCORDING TO THE PLAT OR MAP THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANk SUB.IECT TO C"venantS, cor4tfons, Msbk lans, , Mements and en=nbrances apparent or of record. TO HAVE AND TO NCA-D the said premises, with ks unto On said Grantees and to the Grantee's heirs and assigns forever. And the said Grantur does hereby mvenwt to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises am free from a4 encumbrarimss excel wrrert years taxes, levies, and MessnxM, ON except MS. Patent reservations, resMcti ns, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all tawfrd daims whawevrx. Pipe h of 2 0% %001DN -, a\ ooc��' Z0012] K00HIVId AS.1,t0 IMd 6T92 89L 90P XV3 M 6T 9009/LO/TT F= NO.- CT-56551 A tract Of land, situated, lying and being in the southwest Quarter of the Northwest quarter and im the NorthHa.,Iz of the southwest Quarter of section 28, Township 28 North, ?-=Ve 21 West, P.M-X., Flathead County, Montana, and more particularly described as follows to wit: Commencing at the Southeast corner of the southwest Quarter of the Northwest Quarter of Section 28, Township 28 North, Range 21 West, P-M.M., Flathead County, Montana, theace along the East boundary of said sWl/4NW1/d North 00'09158" Weet 1240,51 feet to a found iron pin on the Southerly R/W of a county road known ae Lower Valley road; thence along said R/W North 88'47'36" West 596-68 feet to a found iron Din; thence leaving said R/W South 00*16105" East Z99.82 feet to a found iroA pin wid the True Point of Beginning of the tract of land herein described; thence continuing south 00'16105" East 1633.72 fret to a set iron pin; thence south 89'59107M West 681.55 feet to a found iron pin on the Easterly R/W of U.S. Highway No, 93; thence along said R/W North 00*09141" East 561.87 feet to a found iron pin; thence leaving said R/W South 89'54'26" East 449.93 feet to a found iron pint thence North 00'01131" west 62'1,03 feat to a found iron gin; thence North 00'17105" West 450.50 feet to found iron pin; thence 4/+ South 88'46'51" East 224.96 feet to the Point of Beginning. Tract 2, Certificate of 5ux'vay No. 14830. , SUBJECT TO County road rights-cf-way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, X.C.A. SUBJECT To A reservation of an easement over the portion of said land and for the purposes stated herein, and incidental purposes, IN FAVOR OF: The Montana .nowar Ccnpaay FOR flooding su:oIrrigating, draining, or ottxerwiaa affecting with the water of Flathead Lake and its tributaries RECORDED : October 24, 19b9, is Book 306, page 362, as Doc. No. 5073, records of F7.Athead County, Montana, SUBJECT TO 73asemeat for the perpetual right and easement to erect, Construct, operate and maintain rad_.n towere, guy wares and ground and feed wirea, and conduito granted to Donald C. Treloar recorded October 24, 1949, in Book 307, Page 361, as Doc. No. 5074, record% of Flathead County, Montana. AND grant and transfer of easement executed by Donald C, Treloar and Helen R. Treloar to RCSZ incorporated, recorded July 1, 1958, ija book 421, Page 199, as Doc. No. 3910, records of Flat;bead County, Montana. AND warranty Deed executed bx KGEz, Incorporated to Skyline Rroadcaaters, Inc-, recorded November 29, 1982, in Book 752, Page Del, as Doc. No. 17846, records of Flathead County, MoRtIXaa- SUBJECT TO Resolution, beslgnaticn of Li,-nited Access Highway, recorded October 2$, 1991, As Doc. No. 91•.398-15550, records Of FlsthQad County, Montana. SUBJECT TO Resolution No. 957A executed by the Board of Comini.aeioners of Flathead County For the LL wer Side zoning District recorded October 21, 7,993 as Doc. No. 93.294-11Z70, Vacorda of 9lathead county, Montana. SUBJfiCT To Resolution No. 939-A executed by the Hoard of County C==issioners for t1A® Highway 93 south Neighborhood Plan recorded October 21, 1993 as Doc. No. 93-294-11230, records of Flathead County, Montana. SUBJECT TO AND TO(MTH R WITH rights of way and eaa =ents established or of record. 9000 K0oSLV'Id UND 11Z'I3 6T99 99L 90V XV3 CO:VT 900Z/L0/TT i G, the undersignedcertifythat I • • this date mail • •: of the attached notice to the following list of landowners adjoining the property lines of the property where annexation & initial zoning has been requested. • P.O. Box 958 Kalispell, MT ••r Todd &s Davar Gardner Gardner Investments, LLC P.O. Box 958 Kalispell, MT 59903 Jerry &v Elsene King Rev Trust 165 River View Drive Kalispell, MT 59901 Jonathan &. Desiree Telles 89 Lower Valley Road Kalispell, MT 59901 Ruth Anderson Living Trust 94 Lower Valley Road Kalispell, MT 59901 Treweek Family Partnership 670 Foys Lake Drive Kalispell, MT 59901 Timothy &, Michelle Murphy 23 Lower Valley Road Kalispell, MT 59901 Bert E Arnlund Fmly Ltd Ptnrs 19205 East Shore Route Bigfork, MT 59911 Rocky Mountain Land &U Cattle Co., Inc. 250 2nd Street East Whitefish, MT 59937 Lorraine &, Ted Sokalowski Living Trust 225 Snowline Lane Kalispell, MT 59901 Derrick &s Melanie Blair 145 Snowline Lane Kalispell, MT 59901 Jerry &s Pamela Mergenthaler 1414 N Montana Avenue Helena, MT 59601 Douglas &s Emma Anderson 330 Demersville Road Kalispell, MT 59901 Ernest &s Lori Martinez 27 Lower Valley Road Kalispell, MT 59901 Dorothy Hewitt 3231 US Hwy 93 South Kalispell, MT 59901 Sandra Kreutzer 47 Lower Valley Road Kalispell, MT 59901 Barbara Anderson 195 Alfalfa Drive Kalispell, MT 59901 Ashley Creek Ranches Onwers Asso. 264 Ashley Meadows Kalispell, MT 59901 Mark &s Pam Evert 496 Columbia Falls Stage Road Kalispell, MT 59901 Patricia E. Sanders, Etal Siderius Family Ltd Ptnshp 1890 Lower Valley Road Kalispell, MT 59901 Mtn View Pet Crematory, Inc. P.O. Box 2358 Kalispell, MT 59903 Montana Commerce, LLC 600 South Main Butte, MT 59701 AKB Investments, LLP 9300 Cartage Road Missoula, MT 59802 Z-600, Inc. P.O. Box 1869 Bigfork, MT 59911 Snowline Tree Company, Inc. P.O. Box 9915 Kalispell, MT 59904 Shadow Willow, LLC P.O. Box 14 Kalispell, MT 59903 Tim Matdies P.O. Box 161 Kalispell, MT 59903 HQT, LLC Gregory &s Jackie Stevens Cosner Enterprises, LLC 598 Swan River Road 31 Lower Valley Road P.O. Box 96 Bigfork, MT 59911 Kalispell, MT 59901 Kalispell, MT 59901 Davies, Inc. Top Notch Land Company Mary Sv Jeffrey Roper P.O. Box 7818 3250 US Hwy 93 South 313 Fox Hollow Road Missoula, MT 59807 Kalispell, MT 59901 Kalispell, MT 59901 Edwin & Jolen Hankinson 1580 Three Mile Drive Kalispell, MT 59901 State of Montana DOT P.O. Box 201001 Helena, MT 59620 Myers Realty, Inc. P.O. Box 469 Bigfork, MT 59911 Flathead County Attn: County Commissioners 800 South Main Street Kalispell, MT 59901 Rick 8s Susie Hullett P.O. Box 2500 Bigfork, MT 59911 No. 13573 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION October 14, 2008 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, Octo- ber 14, 2008 beginning at 7:00 PM in the Kalis- pell City Council Cham- bers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the follow- ing agenda item. The Board will make recom- mendations to the Kalis- pell City Council who will take final action. A request from Gard- ner Investment LLC for annexation and initial zoning of B-5 (Industri- al -Commercial) with a Planned Unit Develop- ment (PUD) placeholder for 9 tracts of land total- ing 81.59± acres on the east side of Highway 93 South. The 9 tracts of Land are not contiguous and are located be- tween the intersection of Highway 93 South and Lower Valley Road and Highway 93 South and Snowline Lane. There are two existing busi- nesses located on two separate tracts included in the annexation re- quest. The Gardner's Auction Service, 3100 Highway 93 South, is lo- cated on tract 6 and Northwestern Truss, 3215 Highway 93, is lo- cated on tract 7C. The 9 tracts of land can be de- scribed as follows: tracts 1, 1 F, 6, 61, and lots 1 and 2 of the Mer- genthaler Subdivision are located in Section 28, Township 28 North, Range 21 West; tract 7C and lots 4 and 5 of the Lost Creek Subdivi- sion are located in Sec- tion 33, Township 28 North, Range 21 West P.M.M., Flathead Coun•• ty, Montana Documents pertaininc to the agenda itern are on fife for public inspec• tion;: at _the ' Kalispel Planning Department. 201` First. Avenue East. .Kalfspafl=,"'MTr 599.01 and;' areavailablerfoi pubfic. review during _regular office -hours-'. Interested': personsare encouraged=to attend the heariilg.and:make their views and con- cerns known- to the Board: -Written com- ments may be submit- ted. to. the >Kalispell. Plan- ning° Department atthe above address,. prior to the_. date:. of: the.,hearing;: or",you• m`ay ca fy,us at (400-758 794T, =or e- mail us at:planning @ka- lispell com: for additional information /s-Thoma§ RaJentz Thomas-R: Jentz Planningx &; Building, Director+ Sept: 28; 2008 STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICBELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE 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. 13573 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 SEPT 28, 2008. 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 September 29, t I r Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/09