Staff Report/Annexation & Zoning• ZY001
r
Flathead elonal Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Annexation and Initial B-1 Zoning - George E. Schulze
June 21, 1999
EACEGRO ND;- This is a request or annexation and initial zoning of- B-1, a
Neighborhood Buffer District, for approximately 6.50 acres located at the northeast
corner of West Evergreen Drive and Whitefish Stage Road. Currently this property is
in the County zoning jurisdiction and is zoned B-1, defined as a Neighborhood
Professional Office district. However, the property owner requires community water
and sewer in order to develop this property in a cost effective manner. The property is
outside of the North Village Sewer District, and the property owner has requested
annexation to the district. Concurrent with this request for annexation to the city is a
request for approval of a five lot commercial subdivision, Village Plaza. On June 8,
1999 the Kalispell City -County Planning Board held a public hearing to evaluate the
most appropriate zoning upon annexation. The planning board and staff are
recommending that this property be zoned B-1, Neighborhood Buffer District, upon
annexation.
RECOMMENDATION: A motion to adopt the resolution annexing this property to the
city and a motion to adopt the ordinance for B-1 zoning upon annexation would be in
order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 11, 1999
Attachments: Letter of transmittal
Staff report KA-99-5 and back-up materials
Draft minutes from the 6/8/99 planning board meeting
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Flathead egi® al Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
June 15, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Schulze Annexation and Initial Zoning of B-1, Neighborhood Buffer District
Dear Chris:
The Kalispell City -County Planning Board met on June 8, 1999, and held a public hearing
to consider a request by George E. Schulze for initial zoning of B-1, Neighborhood Buffer
District, upon annexation into the city. The property proposed for annexation an
approximately 6.83 acre portion of a tract located on the northeast corner of Whitefish
Stage Road and West Evergreen Drive in the northeast part of Kalispell.
Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-5
evaluating the proposed B-1 zoning upon annexation. She recommended that the board
forward a recommendation for the B-1 zoning. Wilson noted that the current County
zoning is B-1 and is essentially the same as the requested City zoning.
At the public hearing, George Schulze, the applicant, spoke in favor of the petition. He
stated that B-1 zoning would be consistent with the area. Karen Holmquist asked
questions on the extent that the proposed zoning would effect her adjoining property, but
was not against the zoning. No one else spoke for or against the petition.
A motion was made to adopt staff report KA-99-5 as findings of fact and recommend to the
council that the property be zoned B-1 upon annexation. On a roll call vote the motion
passed by unanimous vote with Brian Sipe being excused from the vote due to a conflict.
Please schedule this matter for the June 21, 1999 regular city council meeting. You may
contact this board or Narda Wilson at the Flathead Regional Development Office if you have
any questions regarding this matter.
Sincerely
P lispell ti y-C, u ty Planning Board
y
an Jo son
Preside
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Schulze Annexation and Initial Zoning
Jung, 15, 1999
Page 2
JJ/NW/tl
Attachments: Exhibit A - Legal Description
Petition to Annex
Consent to Withdrawal from Rural Fire District
Staff report KA-99-5, application materials, including legal description
Draft minutes 6/8/99 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: George Schulze, 111 W. Nicholaus Drive, Kalispell, MT 59901
TRANSMIT\KAL\KA9905
• •. D_1A1Y1A_1--ZVATiV
FLATHEAD REGIONAL DEVELOPMENT
REPORTSTAFF 9r
1999
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 June 8, 1999 beginning at 6:00 PM
in the Kalispell City Council Chamber. The Planning Board will forward a
recommendation to the Kalispell City Council for final action.
�.-V_xoxrtawilv tm saag- •
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 develop this property and is requesting annexation in order to receive the
necessary sewer services.
A. Petitioner and Owners: George E. Schulze
111 W. Nicholaus Drive
Kalispell, MT 59901
(406)752-4668
B. Location and Legal Description of Property: The property proposed for
annexation is located on the northeast corner of Whitefish Stage Road and West
Evergreen Drive in the northeast part of Kalispell. The property contains
approximately 5.536 acres and can be described as a portion of Assessor's Tract
5 located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead
County, Montana.
C. Existing zoning: This property is currently located in the County zoning
jurisdiction and is zoned B-1, a Neighborhood / Professional Business zoning
district which allows a limited number of uses including professional offices and
retail of less than 3,000 square feet. This zoning district is intended to provide
services to adjacent residential properties within one mile and is not intended to
have uses which require outdoor display or storage of merchandise.
D. Proposed Zoning: The property owner is requesting City B-1 zoning, a
Neighborhood Buffer District which allows a limited number of commercial uses
which include professional offices, limited retail, and other business intended to
service the neighboring residential area. Under the City B-1 zoning district, a
slightly broader number of uses would be allowed which would not be allowed
under the County B-1 zoning. However, the intent of both districts are
essentially the same which is to provide services to the residents of the area and
are not intended to provide commercial services to the community or a regional
area.
E. Size: The area proposed for annexation and zoning contains approximately
5.539 acres and is a portion of the large parcel, Assessor's Tract 5.
F. Existing Land Use: Currently this property is occupied by a small barber shop
which contains probably less than 500 square feet. This type of use would be
considered a personal service and would be a permitted use under the proposed
B-1 zoning designation. There are no other uses existing on the property.
However, it is worthy to note that in addition to the request for annexation and
initial zoning, the property owner has filed for approval of a five lot subdivision
on this property which will be forwarded to the Kalispell City Council for
consideration at the same time as the annexation and initial zoning. A reduced
copy of the subdivision proposal has been included with this staff report as an
informational item only. Because this is a minor subdivision, five or fewer lots, it
does not go before the planning board for public hearing, but rather is fowarded
directly to the city council.
G. Adjacent Land Uses and Zoning: The character of the immediate area is
generally residential. There several residential subdivisions in the immediate
area, but there are also a couple of churches and a school in close proximity to
this property.
North: Generally undeveloped, County R-5 zoning
South: Church, County R-2 zoning
East:: Undeveloped and Glacier Village Greens, County R-5 zoning
West: Buffalo Stage Subdivision, City RA-1 zoning
H. General Land Use Character: The general land use character of the area is a
combination of general commercial and light industrial. The properties to the
north have been more intensively developed because of the availability of water
and sewer to the area. The annexation of this property will be the southernmost
boundaries of the City of Kalispell except for a short section of the airport runway
to the west.
I. Availability of Public Services: Currently, this property has Evergreen water
available to it from the Evergreen Water and Sewer District. However, it is in the
North Village Sewer District whose boundaries were established during the
1980's primarily for the development of the Buffalo Stage area and for Glacier
Village Greens. This district has an effluent allocation from the City of Kalispell,
and a petition to annexation or waiver of annexation is required in order to
receive service. All plans and specification for the new facilities are required to
comply with the City of Kalispell's standards for sewage treatment facilities. The
property owner is ready to develop this property and requires community water
and sewer to develop it in an economically viable manner.
2
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.
Does the requested zone comply with the Master Plan?
This property is indicated on the Kalispell City County Master Plan Map as
commercial. The proposed B-1 zoning district complies with that master plan
map designation, as well as the goals and policies of the document which
designate this corner of the jurisdiction as a neighborhood commercial area.
2. Is the requested zone designed to lessen congestion in the streets?
Rezoning this property may result in additional traffic generated from the
property especially once the property owner has developed the site. This
development will increase traffic on both West Evergreen Drive and Whitefish
Stage Road. Whitefish Stage Road is designated as a minor arterial from Oregon
Street to West Reserve Drive. The roadway is listed as a secondary priority for
upgrade in the master plan and it is generally recognized that this roadway
continues to receive additional traffic, making the need for upgrade a high
priority for the community. West Evergreen Drive is also designated as a minor
arterial on the master plan and receives a good deal of traffic. Currently,
however, there are no design plans or funds designated for the upgrade of either
of these roadways within the next several years.
3. Will the requested zone secure safety from fire, panic, and other dangers?
There may be some limited safety problems related to the development of this site
because of the well traveled roadways on which it relies. However, the Kalispell
Police Department and Fire Department have made no comment regarding their
ability to serve this site. No obvious increase in risk related to this zone which
would impede fire or police access to the site. Access for fire and other
emergency services are adequate.
4. Will the requested zone promote the health and general welfare?
Ber•ause this annexation will enable the property owners to connect to public
se,,,-er and develop the property with full public services, the public health and
welfare of the community will be served.
S. Will the requested zone provide for adequate light and air?
The commercial uses planned for this property will be required to comply with
the development standards of the 13-1 zoning district which assures that there is
adequate light and air.
3
6. Will the requested zone prevent the overcrowding of land?
The requested zoning designation is consistent with the type of development
which would be anticipated under the master plan. The requested zone will
prevent the overcrowding of land.
7. Will the requested zone avoid undue concentration of people?
No significant increase in the population in the area will result under the
proposed zoning. The development standards in the district are intended to
avoid the undue concentration of people in the area.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Public service, facilities and infrastructure are currently in place to accommodate
the use(s) in the area. No significant impacts to these services can be anticipated
as a result of this zoning proposal.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed zoning is consistent with the master plan designation of
neighborhood commercial. Additionally, as this area continues to develop with
relatively small lots, churches and professional offices this area becomes more
suitable for the development of a "neighborhood commercial" corner where
residents of the area can purchase small items and obtain other services without
traveling into the core commercial area of town.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is primarily residential with a small mix of
professional offices, churches and a school in the immediate area. The requested
zone gives reasonable consideration to the character of the area and appears to
be timely considering other development in the area which has occurred over the
last five or six years.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the uses allowed
under the B-1 would not displace downtown commercial uses and would be
generally complementary to other uses in the area.
M
12. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate use of land throughout the jurisdiction appears to be the
neighborhood commercial zoning designation being requested. This is consistent
with the master plan designation and promotes the stability and neighborhood
character of the immediate area.
COMMENDATION
It is recommended that the Kalispell City -County Planning Board ladopt Staff Report
#KA-99-5 as findings of fact and forward a recommendation to City Council that the
initial zoning for this property should be B-1, Neighborhood Buffer District, upon
annexation.
H: \... \ REPORTS \KA\99 \KA99-5
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITIIDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this
day of 199 , by and between Georap,
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENFIOLDERS(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 L V try, Y1 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 PART(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 `� =' day of P ( o-- 11999.
PARTY(S) OF INTEREST
CITY OF KALISPELL
City Manager
ATTEST:
Finance Director
STATE OF MONTANA
ss
County of Flathead
On this day of �A a-�A 1999, before me,
the undersigned, a Notary Public for the State of Montana, personally appeared
�SQhVCAQ F:. S>CU LULL, , 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. p�
Notary Public, State of Montana
�l
Residing at K&-, -
My Commission expires I l C) `( n()
STATE OF MONTANA
ss
County of Flathead
On this day of , 199 , 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
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires
On this day of 199 , before me, a Notary Public in
and for the State of Montana, personally appeared GLEN NEIER and AMY H. ROBERTSON,
known to me to be the Interim 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 sclforlh, and that they were
duly authorized to execute the same on behalf of said municipality. IN WITNESS WIIEREOF,
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•
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 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 19 1 .
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PROPERTY ADDRESS:
-J,
OWNER
OWNER
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
SANDS SURVEYING, INC.
1995 Third Avenue East
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
May 10, 1999
Narda Wilson
FRDO
723 Fifth Ave East
Kalispell, MT 59901
Dear Narda:
MAY 10
F. R. D. O.
On behalf of my client, Kal-Mont Dairy Farm, I am submitting to
your office the preliminary plat of Village Plaza. This is a five
lot minor subdivision for commercial lots. The land is currently
zoned B-1 county and we are applying for a zone change / annexation
to the city of Kalispell with a zone designation city B-1.
We have designed Village loop to intersect at the extension of
Buffalo stage road on Whitefish Stage, and at a safe distance from
the top of the hill on West Evergreen Drive. The road is proposed
to be paved to city standards. Access to the lots will be from the
interior road system, and only the two accesses off the county
roads are proposed.
City sewer and Evergreen water, along with other utilities will be
extended to all lots within the subdivision.
The typical building sizes and locations are shown on the
preliminary plat, and the parking lot will accommodate the required
number of spaces and be paved. The buildings will be of similar
construction, and a drainage plan will be designed by an engineer
and constructed as a part of the final plat submittal.
Please review this application at your earliest convenience, if you
have any questions, please call.
Professionally,
':�dm Sands, P.L.S.
Other Utilities: Cable TV X Telephone X Electric Gas Other
Flathead Regional Development Office
723 51h Ave. East Room 414
Kalispell, ' s 1
PETITION
1. NAME OF APPLICANT: T enrrAe , F,
2. MAIL ADDRESS: I t 1 - t r.Mr1 n ICti LS
3. CITY/STATE/ZIP: KnlLs e tL r 1"T S 19C I PHONE: 4Q(--7S2-4(o(o9,
4. INTEREST IN PROPERTY: Qt Li1'
5. ZONING MAP AMENDMENT: ' ZONING TEXT AMENDMENT:
IF THE REQUEST, PERTAINS TO AN AMENDMENT TO THE TEXT OF THE
ZONING G AT S, PLEASE COMPLETE THE FOLLOWING:
A. What is the propose zoning text amendment?
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property: GUe s+
B. Legal Description: C fLl e, A4+u cy)e-d
(Lot and Block of Subdivision; Tract #)
2-2-9 -Z.�
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is:y - GO U Y I+c.1
D. The proposed zoning of the above property is: ( L . t ---u i
E. State the changed or changing conditions that make the proposed
amendment necessary:
HOW WILL THE PROPOSED CHANGE ACCOMPLISA TZAL IVTENT AND PURPOSLN
OF:
A. Promoting the Master Plan
B. Lessening congestion in the streets and providing safe dccess
C. Promoting safety from fire, panic and other
D. Promoting the public interest, health, corffort, convenience, safety and general
welfare /J
E. Preventing the overcrowding of )�in.d
F. Avoiding undue concentration of population
G. Facilitating the dequate provision of transportation, water, sewage, schools,
parks and othe public facilities
2
H. Giving reasonable consideration to the character of the district
I. Givink consideration to the peculiar suitability of the property for particular
uses
J. Protecting and conservIRg the value of buildings
K. Encouraging the most appropriate usb,,of land by assuring orderly growth
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.
t--; Sh M9
t) (Date)
3
A. Pre -Application Meeting:
A discussion with the Planning Director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Master
Plan compatibility with the application, compatibility of proposed zone change
with surrounding zoning classifications, and the application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Flathead Regional
Development Office.
Fee Schedule
Zone Change:
Basefee........................................................................$400.00
For first 80 acres of area of the request.................Add $5/acre
For requests for 81 - 160 acres.............................Add $3/acre
For requests covering 161 acres or more...............Add $1 / acre
Amendment to Zoning Text......................................................$300.00
PUD Zoning Review:
Residential....................................................................$400.00
Commercial................................................................... $500.00
MixedUse.....................................................................$650.00
D. The application must be accepted as complete by the FRDO staff thirty (30)
days prior to the date of the meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled.
A. Application Contents:
1. Petition for zone change signed by at least 50% of the property owners in
the area for which the change in zoning classification is sought.
2. A map showing the location and boundaries of the property.
3. A list of the names and mail addresses of all property owners within 150
feet of the subject property as shown on the Assessor's roll.
Example
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
rd
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 199 , by and between -G-e' p r,
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(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 ]land 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 EVEr arP,e-YI Fire District
under the provisions of Section 7-33-2127, Montana Coe e Annotated; and that incorporated into
(his 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 PART(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 time City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WI-IEREOF, we have hereunto set our hands and
affixed our seals this `ice day or Nlct_,e.m , 1999.
PARTY(S) OF INTEREST
CITY OF KALISPELL
City Manager
ATTEST:
Finance Director
STATE OF MONTANA
ss
County of Flathead
On this day of 1999, before me,
the undersigned, a Notary Public for the Stale of Montana, personally appeared
is rwgQ,In c i �Ze, , 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 WIiEREOF, 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/1
Residing at
My Commission expires l �0 �{ G)
STATE OF MONTANA
ss
County of Flathead
On this day of , 199 , 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
ss
County of Flathead
Notary Public, Stale of Montana
Residing at
My Commission expires
On this day of , 199 , before me, a Notary Public in
and for the State of Montana, personally appeared GLEN NEIER and AMY I -I. ROBERTSON,
known to me to be the Interim 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, scaled and delivered said instrument as the free and
voluntary act of said municipality, for the uses and purposed therein sctforlh, and that they were
duly authorized to execute the same on behalf of said municipality. IN WITNESS WI IEREOF,
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
PETTTTON 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 Eve ra✓'ee-,o Rural
Ij
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 19c), 1 .
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PROPERTY ADDRESS:
OWNER
OWNER
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
APPLICANT• George Schulze (Kal-Mont Dairy Farm) & Village Plaza
FRDO FILE #. KA-99-5 & KSR-99-2
I, the undersigned certify that I did this date mail a copy of the attached notice to the
following list of landowners within 150 feet of the p perty li es of a property
that is the subject of the application. .
Date: Zd �Q f
Assessor's S-T-I2 Lot/Tract
Nc . No.
E004092 31-29-21 TR5K
Property Owner
& Mail Address
George Schulze
111 W Nicholaus
Kalispell MT 59901
Sands Surveying
1995 3rd Avenue East
Kalispell MT 59901
Carver Engineering
1995 3rd Avenue East
Kalispell MT 59901
State of Montana/Dept of Highways
2701 Prospect Ave
Helena MT 59601-9726
0980683 31-29-21 L23 Penco of Montana Inc
Buffalo Sq ADo Witt Family Trust
193 Bay Drive
Bigfork MT 59911
0001821 31-29-21 L24 Penco of Montana Inc
Buffalo Sq ADo Witt Family Trust
193 Bay Drive
Bigfork MT 59911
0428760 32-29-21 TR 5
0377250 32-29-21 TR5A
S003714 32-29-21 TR5B
KAL-MONT Dairy Farm
620 Michels Slough Rd
Columbia Falls MT 59912-9227
Theodore E & Patricia Holmquist
James D & Karen L Holmquist
405 W Evergreen Drive
Kalispell MT 59901
Northwestern Telephone Systems
Attn: Stephen S Ashworth
Tax Department
P O Box 9901
Vancouver WA 98668
KA-99-5 & KSR-99-2
ALO
Page 2
Assr's # S-T-R Lot/Tr #
0976047 32-29-21 TRSBA
0977283 32-29-21 TRSF
E003561 5-28-21 TR A&C
Lot 1
Hillcrest
Estates
0909575 5-28-21 TR12BB
Lotl
Hillcrest
Estates
0872620 5-28-21 TR12B
E002683 5-28-21 TR12BF
10 : : :
6-28-21
Lot 47
River View
Greens Ph2
Park C
River View
Greens Ph2
Property Owner & Mail Address
John S & Louise Barker
1302 Whitefish Stage
Kalispell MT 59901-2748
Edward M & Eva Jo Burrington
1322 Whitefish Stage
Kalispell MT 59901-2748
Flathead County
800 S Main Street
Kalispell MT 59901-5400
Marshall H & Susan M Murray
101 Somerset Drive
Kalispell MT 599012724
William K & Maria L Lara
100 Somerset Drive
Kalispell MT 59901
First Church of the Nazarene
1295 Whitefish Stage
Kalispell MT 59901-2746
Susan M & Thomas J Wynne Jr
101 River View Drive
Kalispell MT 59901
David Dittman, President
173 Riverview Drive
Kalispell MT 59901
NOTICE OF PU13LIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Kalispell
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, June 8, 1999, beginning at 6:00 PIS% in the Kalispell City Council
Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly
scheduled meeting, the board will hold public hearings or take public comments on the
following agenda items and will make recommendations to the City Council or the Board of
County Commissioners, who will take final action:
To the Kalispell City Council:
1. A request by George E. Schultz, aka Kal-Mont Dairy Farm, for annexation and initial
zoning of B-1, Neighborhood Buffer District, for approximately 5.536 acres. The property
proposed for annexation is located on the northeast comer of Whitefish Stage Road and
West Evergreen Drive in the northeast part of Kalispell. Currently this property is in the
Evergreen and Vicinity Zoning District and is zoned County B-1, a Neighborhood
Professional Business zoning district. The property can be described as a portion of
Assessor's Tract 5 located in Section 32, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana, and as further described on attached Exhibit A.
2. A request by David R and Deanne Berger for annexation and initial zoning of R-4, Two
Family Residential, on approximately 0.62 acres. The property is located north of Belmar
Subdivision and adjoins the northern boundaries of Lots 8, 9, and 10 of Belmar Addition
Subdivision. This property can be described as a portion of Assessor's Tract 14CA located
in Section 19, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana,
and as further described in Exhibit B.
3. A request by Walle and Mary Lou Lindsay for a zone change from RA-1, a Low Density
Residential Apartment, zoning district to B-3, a Community Business, zoning district
which allows a variety of commercial uses. The area proposed for rezoning contains
approximately 0.79 of an acre and is located at 580 North Meridian Road, on the east side
of North Meridian Road and north of Two Mile Drive approximately 150 feet. The property
can be described as Lot 1 of Stubbs Addition 58 located in Section 12, Township 28
North, Range 22 West, P.M.,M, Flathead County, Montana and as further described in
attached Exhibit C.
4. A request by The Nurturing Center for a text amendment to the Kalispell Zoning
Ordinance, Sections 27.26.050(15), Parking Standards for Day Care Facilities, and
Section 26.37.010(69), Lefinition of Day Care. As proposed, the standards would require
one space per teacher/employee and delete the requirement for one off-street load space
per six students. And would require one space per teacher/employee plus one off-street
load space per six students for Day Care Centers and Nursery Schools. Additionally, the
definition of Day Care Facilities would be clarified to denote a difference between a Family
Day Care Home, Group Day Care Home and a Day Care Center and to clarify the term
"regular basis." This amendment would potentially effect all areas within the City of
Kalispell which allow day care facilities as either a permitted or conditionally permitted
use.
5. A request by the City of Kalispell for various amendments to the Kalispell Zo-Lrig
Ordinance which are intended to be "housekeeping" changes that would not typically be
controversial issues, but that would address several on -going probie: --s within the City's
zoning jurisdiction. Those changes would include but would not be limited to the
following issues: increasing the allowable height in the "R" zonings from the current 15
foot limit to 18 feet provided they are single story construction; add banks, savings and
loan and finance companies as a permitted use in the B-2, General Business district,
change casinos from a conditional use to a permitted use in all districts which allow
casinos and amend the definition of casino; allow single archways serving as pedestrian
entrances not exceeding nine feet tall five feet wide and four feet deep in the required
setback areas; reduce the required side corner setbacks from 15 feet to 10 feet on lots of
50 feet or less; to allow temporary events such as car shows, boat shows, carnival,
concerts, etc. in the "B", "I" or "P" zones as a permitted uses provided the event does not
occur more than seven days in a three month period; a provision to allow the issuance of
an administrative conditional use permit which is a minor amendment to an existing
conditional use permit; amend the definition of professional office. This amendments
could potentially effect several areas of the zoning jurisdiction where these uses are
allowed.
6. A request by Robert Peters for preliminary plat approval of a ten lot residential subdivision
located west of Grandview Drive and south of Commons Way in the north part of
Kalispell. The property is zoned RA-1, a Low Density Residential Apartment, zoning
district which has a minimum lot size requirement of 6,000 square feet for single family
homes plus an additional 3,000 square feet per unit beyond a duplex. The total acreage
within the subdivision is approximately 2.88 acres with the lots ranging in size from
approximately 8,700 square feet to 12,700 square feet in size. The property where the
subdivision is located is at 340 Grandview Drive and can be described as a portion of
Assessor's Tract 5AA located in Section 6, Township 28 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.
Am4d I - 94 -
Thomas R. Jentz
Planning Director
Exhibit A
George E. Schultz aka Kal-Mont Dairy Farm
Inal Zoning of B-1 Upon Annexation
Legal Description
DESCRIPTION:
A' TRACT OF LAM, SITUATED, LYING, AND BEING IN THE scuTHw-EST
QUARTER OF THE SOUTHWEST QUARTEIR OF SECTION 32, TOWNSHIP 29 NORTH,
RANGE 21 WEST, P.M..,M., FLATHEAD COUNTY, MONTANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northwest corner of Section 5, Township 28 North,
Range 211. West, P.M. M. , Flathead County, Montana; Thence along the
north boundary of said Section 5, 589*57138-E 30.00 feet to a
found iron pin on the easterly R/W cf a 60 foot county road known
as Whitefish Stage Road and THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HMREIN DESCRIBED: Thence along said easterly R/W
N00*0310811W 512.39 feet to a set iron pin; Thence leaving said R/W
N39*57100"E 237.55 feet to a set iron pin and the P.C. of a 120.00
foot radius curve, concave southwesterly, having a central angle of
45*03100"; Thence along an arc length of 94.35 feet to a set iron
pin; Thence S45*0010011F 241.23 feet to a set iron pin and the P.C.
of a 120.00' foot radius curve, concave southwesterly, having a
central angle of 44*53'10"; Thence along an arc length of 94.01
feet to a set iron pin; Thence S00'06'50"E 222.62 fee-'-'- to a set
iron pin on the northerly R/W of a 60 foot county road known as
West Evergreen Drive and the north boundary of Section 5; Thence
along said R/W and along said north boundary N89*5713811W 528.20
feet to the point of beginning and containing 5.536 ACRES; Subject
to and together with all appurtenant easements of record.
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VICINITY M"
I ONT DAIRY FARM
REQUEST FOR ANNEXATION AND INITIALS ZONING
FROM R-1 NEIGHBORHOOD PROFESSIONAL BUSINESS
EVERGREEN t VICINITY ZONING DISTRICT,
TO R- , CITY OF KALISPELL ZONING
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VICINITYMAP
KAL—MONT DAIRY FARM
REQUEST FOR PRELIMINARY PLAT APPROVAL OF A
5 LOT MINOR SUBDIVISION — VILLAGE PLAZA
B-1, CITY OLISPELL ZONING
ANNEXATION APPLICATION PENDING
PLOT DATE-5/18/99
FILE# KS-2 SCALE 1 41.
and could the approach be made wider or something that would
alleviate a potential bottleneck or traffic hazard?
Larsen noted that he believed that the 24 foot wide road and the
35 foot approach that are in the plans should be adequate and he
does not see a better way for the approach.
Johnson noted that a motion to accept the report as written would
exclude sidewalks from Grandview Drive.
MOTION Stevens moved and Rice seconded to adopt staff report KPP-99-2
as findings of fact and, based on these findings, recommend to the
Kalispell City Council that the preliminary plat for the Ranchview
Subdivision be granted subject to the following amended
condition: #8 provided edeng the eastern property beundary
between the subdivision and Grandview Drive. On a roll call vote
all members present voted Aye. The motion to recommend
approval of the Ranchview Subdivision subject to the amended
conditions passed unanimously.
SCHULTZE A request by George Schulze, aka Kal-Mont Dairy Farm, for
ANNEXATION & INITIAL annexation and initial zoning of B-1 on approximately 5.536 acres
ZONING on the northeast corner of Whitefish Stage Road and West
Evergreen Drive.
Sipe removed himself from the board for this petition due to a
personal interest in the outcome.
STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-5 in which
staff recommends that the board forward a recommendation to the
Kalispell City Council that the initial zoning for this property
should be B-1, Neighborhood Buffer District, upon annexation.
Wilson noted that in addition to the request for annexation and
initial zoning, the property owner has filed for approval of a 5 lot
subdivision on this property which will be forwarded to the
Kalispell City Council for consideration at the same time as the
annexation and initial zoning. Because this is a minor
subdivision, 5 or fewer lots, it does not go before the planning
board. She stated that Sands Surveying has a corrected legal
description, which she did not have available for the board but will
be forwarded on to the city council before they take action on the
boards recommendation.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS George Schulze, 1377 Whitefish Stage, spoke in favor of the
petition and noted that the sewer district had already been
petitioned and a favorable vote had been received to include this
property within the district.
OPPONENTS Karen Holmquist, 55 West Evergreen Drive, asked if this would
change the requirements to her property such as a requirement to
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 6 of 12
hook into city water and sewer services, an effect on their taxes, a
change in the ability to have their livestock, etc.
Wilson noted that in answer to Ms. Homquists' questions, that
there would be no effect to her taxes or connection to the sewer
district or her use of her property and that any livestock would
have been grandfathered and there would be no change to that as
long as that use continued.
No one else wished to speak for or against the petition and the
public hearing was closed.
BOARD DISCUSSION Brenneman asked if this would completely surround the RA-1
section which could be annexed and Wilson stated that it could be
annexed but it won't.
MOTION Rice moved and Breneman seconded to adopt staff report KA-99-5
as findings of fact and, based on these findings, recommend to the
Kalispell City Council that the proposed property be zoned B-1,
Neighborhood Buffer District, upon annexation. On a roll call vote
all members present on the board voted Aye. The motion to
recommend B-1 zoning upon annexation passed unanimously,
with Sipe excused from the vote.
Sipe returned to his seat on the board.
CITY OF KALISPELL A request by the City of Kalispell for various amendments to the
ZONING ORDINANCE Kalispell Zoning Ordinance. These amendments would change
AMENDMENTS several areas of the zoning jurisdiction.
STAFF REPORT Narda Wilson gave a presentation of staff report KZTA-99-6 in
which staff recommends that the board recommend to the
Kalispell City Council that the amendments, as stated in the
report, be made to the Kalispell Zoning Ordinance. Wilson noted
that staff along with the City Zoning Administrator came forward
with many changes and that she determined that these changes
were all that were being brought out at this time. Later there will
be another request for `housekeeping zoning amendments'. She
went over each of the amendments individually explaining the
reasons for each. Wilson noted that staff is recommending that
bars, taverns, cocktail lounges, casinos, etc. all be placed in the
conditional use category.
Johnson noted that the board members should bring up any
amendment that they might have a problem with and that way the
board could move forward with those amendments which everyone
already agrees with, then those items which need further
consideration can be discussed.
PUBLIC HEARING The public hearing was opened to those in favor of the
amendments.
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 7 of 12