08. Resolution 5463 - Annexation - AKB Investments, LLPREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT AKB Investments, LLP -Annexation and Initial Zoning of B-5 (Industrial -
Business)
MEETING DATE: October 4, 2010
BACKGROUND: The Kalispell City Planning Board met on September 14, 2010 and held a public
hearing to consider a request by AKB Investments, LLP to annex approximately 9.46 acres into the
City of Kalispell. The owners have requested B-5 (Industrial -Business) zoning on the property. The
9.46 acre project site is located on east side of Highway 93 South at the intersection of Highway 93
and the Highway 93 Alternate Route. The property address is 3145 Highway 93 South and can be
described as Tract 1 of Certificate of Survey No. 16624 within Section 28, Township 28 North,
Range 21 west, P . M. M., Flathead County, Montana.
Kalispell Planning Department staff presented staff report #KA-10-02 providing details of the
proposal and the evaluation. Staff reported that the proposed B-5 zoning district was compatible with
surrounding land uses and also consistent with the Kalispell Growth Policy which designated the area
as urban mixed use. Staff recommended the board consider recommending the council approve the
annexation request and initial zoning of B-5 based on findings in the staff report.
At the public hearing no one spoke in favor or against the annexation and initial zoning request and
the public hearing was closed.
The board briefly discussed the cost of services analyses and then recommended the city council
consider approving the request to annex and assign the B-5 zoning district on the property upon
annexation. The vote was unanimous.
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 (Industrial -Business) would be in
order.
FISCAL EFFECTS: Minor positive effects once annexed.
ALTERNATIVES. As suggested by the city council.
Respectfully s 'tt ed,
Sean Conrad Jane Howington
Senior Planner City Manager
Deport compiled: September 28, 2010
c: Theresa White, Kalispell City Clerk
Return to:
Kalispell City Clerk
Po Box 1997
Kalispell, MT 59903
Eel
WHEREAS, the City of Kalispell has received a petition from AKB Investments, LLP, the owners
of property located on the east side of Highway 93 South at the intersection of
Highway 93 and the Highway 93 alternate route, 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, #I A-10-02, dated September 7, 2010, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-5, Industrial Business, on approximately 9.46 acres upon
annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KA.LISPELL AS FOLLOWS:
SECTION I. That all the real property as described on Exhibit "A" below be annexed to
the City of Kalispell and the boundary of the City is altered to so provide, and
shall be known as AKB Investments Addition No. 412.
SECTION II. Upon the effective date of this Resolution, the City Clem 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.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 4TH DAY OF OCTOB,2010.
ATTEST:
Theresa white
City Clerk.
Tammi Fisher
Mayor
EXAIBIT r
LEGAL DESCRIPTION INVESTMENTS, LLP
EQUIPMENT)(TRIPLE W
Tract 6E, Section 28, Township 28 North, Range 21 west is further described as follows:
A tract of land, situated, lying, and being in the southwest quarter of the southwest quarter of Section
28, Township 28 Forth, Range 21 west, P.M.M. Flathead County, Montana, and more particularly
described as follows to wit:
Tract 1:
Beginning at the northeast corner of Lot 1 of the Plat of Montana Tractor Tracts (records of Flathead
County, Montana), which is a found iron. pin; Thence along the north boundary of said Lot 1,
N89050'33"w 621.83 feet to a found aluminum cap on the easterly RJw of U.S. Highway No. 93;
Thence leaving said boundary and along said easterly Rlw N00°04' 36"E 660.98 feet to a found iron
pin; Thence leaving said R/W ITT 89°57'49"E 622.04 feet to a found iron pin; Thence Soo°05'42"w
663.09 feet to the point of beginning and containing 9.452 acres; Subject to and together with all
appurtenant easements of record.
PIANNING FOR THE FLTT[7RE M041WW111111M
September 29, 2010
Jane Howington, City Manager
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 755-7940
Fax: (406) 755-7739
www.kalispell.com/planning
Re: AKB Investments, LLP -Annexation and Initial Zoning of B-5 (Industrial -Business)
Dear Jane:
The Kalispell City Planning Board met on September 14, 2010 and held a public hearing to consider
a request by AKB Investments, LLP to annex approximately 9.46 acres into the City of Kalispell.
The owners have requested B-5 (Industrial -Business) zoning on the property. The 9.46 acre project
site is located on the east side of Highway 93 South at the intersection of Highway 93 and the
Highway 93 Alternate Route. The property address is 3145 Highway 93 South. The property can be
described as Tract 1 of Certificate of Survey No. 16624 within Section 28, Township 28 North.,
Range 21 west, P.M.M., Flathead County, Montana.
Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-10-02 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 Kalispell Growth Policy which
designated the area as urban mixed use. Staff recommended the board consider recommending the
council approve the annexation request and initial zoning of B-5 based on findings in the staff report.
At the public hearing no one spore in favor or against the annexation and initial zoning request and
the public hearing was closed.
The board briefly discussed the cost of services analyses and then recommended the city council
consider approving the request to annex and assign the B-5 zoning district on the property upon
annexation. The vote was unanimous.
Please schedule this matter for the October 4, 2010 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 H inchey
President
Attachments: Fetter of transmittal
Staff Report #IAA-1 0-02 and supporting documents
Draft minutes from the 9/14/10 planning board meeting
Petition to Withdrawal from Rural Fire District
Cost of Services vices Analysis
c w/ Att: Theresa White, Kalispell City Clerk
c Arlo Att: AIB Investments, L LP
9300 Cartage Road
Missoula, MT 59808
■::
&EQUEST FOR INITIAL ::...::::.
STAFF REPORT #KA-10-2 I
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request to annex into the city limits with the initial zoning designation of B-5
(Industrial -Business) upon a.nnexation..A public hearing has been scheduled before
the Kalispell City Planning Board for September 14, 2010 beginning at 7:00 PM, to
consider the an.n.exation request and the appropriate zoning for the property to be
annexed. The planning board will forward a recommendation to the Kalispell City
Council for consideration.
................................................................................................... .. ...................................................... ............
The applicant has petitioned for annexation and an initial zoning designation. of B-5,
an industrial/business zoning district, on one lot totaling approximately 9.46 acres in
size. The owner is requesting annexation because through the highway expansion
project the Montana Department of Transportation (MDOT) purchased a portion of the
property. The portion of property purchased included the drainfield for the existing
business. with the business no longer able to use the drainfield the property has
recently been connected to the city's sewer line along Highway 93. when properties
connect to the city's sewer main the coun.cil's policy has been that the property must
first annex into the city.
This report evaluates the annexation request and the appropriate assignment of a City
zoning classification in accordance with Section. 27.03.010 (4) of the Kalispell Zoning
Ordinance. This property will be annexed under the provisions of Sections 7-2-4601
through 7-2-4610, I.C.A.., Annexation by Petition.
A, Petitioner / Owner, A.KB Investments, LLP
9300 Cartage Road
Missoula, MT 59808
B. Location and. Legal Description of Propel: The property proposed for
annexation and initial zoning is located on east side of Highway 93 south at the
intersection of Highway 93 and the Highway 93 alternate route. The property
address is 3145 Highway 93 South.. The property can be described as Tract 1 of
Certificate of Survey No. 16624 within Section 28, 'Township 28 North, Range 21
West, P.M.M. , Flathead County, Montana.
C. Fisting Land Use and Zoning: The property is currently developed with a
commercial building housing Triple w Equipment. The property outside of the
building is used for the storage and display of large construction and farm.
equipment. The current county zoning on the property is County I--1 H, Light
Industrial - Highway. This district is defined as "A district to provide areas for
light industrial uses and service uses that typically do not create objectionable
by --products (such as dirt, noise, glare, heat, odors, smoke, etc.) , which extend
beyond the lot lines. This district is also 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 flours and to preserve scenic corridors and entrance
ways to major communities" Permitted uses in this district generally include
commercial and light industrial uses. The conditionally permitted uses generally
include commercial or light industrial uses that may potentially impact
neighboring properties with noise, odors, smoke, etc. These uses include
livestock auction yards, commercial recreation areas, landfills and recycling
processing plants. The minimum lot size requirement of the County I-1 H zoning
district is one acre.
Figure 1: View of Triple W Equipment from Highway 93
D. Proposed Zoning: The proposed B-5, Industrial -Business, zone permits a variety
of commercial and light industrial uses. The B-5 district is intended primarily to
accommodate a variety of business, warehouse, and light -industrial uses and
incorporating these uses into an integrated design for compatibility.
Compatibility issues may be addressed through development of an industrial -
commercial park development or through a planned unit development (PUD)
overlay zoning district. Such uses would typically 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 such as
Highway 93. The existing Triple W Equipment business is a permitted use in the
B-5 zoning district.
0
E. Size: The areain proposed for annexation and zoning contains approximately 9.46
acres.
F. Adjacent Land Uses and Zoning: Adjacent land uses are a mix of commercial and
light industrial along Highway 93 South with undeveloped land approximately 1/4
mile east of the highway. These uses include a moving company, former radio
station, veterinary clinic, mini -storage and powder coating company. On the west
side of the highway uses included mini -storage units, commercial retail businesses
and a recreational vehicle and trailer sales lot.
North:
Commercial, County I- 1 H
West:
Commercial, County I-1 H
South:
Commercial, County I-1H
East:
Commercial, City B-5
G. 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 zoned B-5 or rural residential tracts of land.
Figure 2: Aerial photo of project site and surrounding uses
k
ril Utilities and Public ser icew All available public services and facilities are
available to the property owner. water and surer main lines are located directly
in front of the property requesting annexation within. the Highway 93 South right-
of-way. Prior to connecting to the water or sewer lines the owner would have to
pay water and sewer impact fees.
Sewer: City sewer main
Water: Private well (currently) with the potential to connect to a
city water main
Refuse: Contract hauler
Electricity: Flathead Electric Cooperative
Telephone: CenturyLink
Schools: School District #5, Kalispell
Fire: South Kalispell Fire Department (currently) Kalispell Fire
Department if annexed
Police: Flathead County Sherriff Department (currently) Kalispell
Police Department if annexed
1. Compliance with the gKowth poligy..
Chapter 2 of the Kalispell Growth Policy discusses the issues with cyclical
growth the city has seen over the years. The chapter focuses on affordable
housing, delivery of services, location of new development, redevelopment of the
existing urban core and quality of life issues. As part of the review of the
annexation request the following goals contained in chapter 2 are relevant to
this particular annexation request. The goals are.
Implement a comprehensive, effective growth management program that
recognizes and upholds the general welfare of the community as well as
individual rights.
New commercial development occurs in areas where public water and
surer can be provided and as expansion of existing commercial areas.
The city is currently drafting a growth management program in the form of an
annexation policy document. The purpose of the annexation policy is to give
the planning board, the council and the development community direction
when outlying property owners are requesting municipal services and
annexation. The draft document includes a potential annexation boundary
map around the current city limits. The property requesting annexation falls
inside the proposed boundary.
C,
2. Municipal Services:
Water and severer main lines are located immediately adjacent to the property
within. the Highway 93 south right--of-moray. These main lines are adequate to
serve the existing commercial business on the property. The nearest fire
hydrant is located on the west side of Highway 93 approximately 400 feet to the
northwest of the project site. Given the close proximity to existing services,
annexation of the property will not overburden the municipal services currently
in place.
3. Distance from current city limits:
The property requesting annexation is immediately adjacent to the city limits.
The attached vicinity map provides an illustration of the location of the current
city limits in relation to the property requesting annexation.
4. Cost of services:
Once annexed to the city, full city services will be made available to the property
owner. .any necessary infrastructure associated with this development will 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.
The attached cost of services analysis prepared for this property is used for all
commercial or industrial annexations. The analysis is only an estimate based
on a variety of assumptions. The analysis does not take into consideration
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
will be completed once the property is annexed and assessed by the city.
The attached cost of services analysis for this annexation shows approximately
$17A71 will be generated from assessments and. taxes. To serve the property
with. police, fire, road and surer services will total approximately $4,50 1. Based
on these estimated figures the annexation will provide the city approximately
$12,970 in taxes and assessments. Please refer to Exhibit A for more specific
details on the calculations.
Please note that the cost of services for the roads reflects only a quarter of the
total anticipated traffic from the new business. The reduced volume was taken
into consideration because the property is served by Highway 93, a federally
funded roadway.
5
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The statutory basis for reviewing a change in zoning is set forth by 76--2-303,
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. and Section 27.30.020, Kalispell
Zoning Ordinance.
1. Does the requested zone comply with the growth policy?
The Kalispell Growth Policy Land Use Map designates the 9.46 acre site as an
urban mixed use designation.. The urban mixed use designation is intended to
provide for a compatible mix of nigh intensity uses including office as well as
some commercial and light industrial. 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 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
PROVIDE ADEQUATE AREAS WITHIN THE COMMUNITY FOR COMMERCIAL
AND INDUSTRIAL EXPANSION AND DEVELOPMENT.
2. will the reguested zone have an effect on motorized and nonmotorized
trans ortatlon S Stems?
The uses allowed under the proposed B-W 5 zone would not generate more traffic
than those allowed under the existing I-- I H county zoning. This is because the
proposed B-5 zoning includes very similar uses as the I-1 H zoning district. The
property is adjacent to Highway 93. Upgrades to the highway as well as goals
and policies in the Kalispell Growth Policy for this area will require alternative
transportation routes when future development through subdivisions occurs 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 property which would
comprormse 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, grater
and serer service would be available to the property.
4. Will the re uested zone romote the public health safe and en eral 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.
no
5. will the reguested zone provide for adequate Light and air?
Setback, height, and lot coverage standards for development occurring on this
site are established in. the Kalispell Zoning ordinance to insure adequate light
and air is provided.
6. will the re uested zone romote compatible urbangrowth'?
The requested B--5 zoning district limits the property uses to commercial or light
industrial uses already found in the immediate area. The B-5 zoning district
maintains and is compatible with the established land use pattern in this area.
7. will the reguested zone facilitate the ade uate provision of trans ortation water,
sewerage, schools arks and other public re uirements?
The property has legal access onto Highway 93 South. Within the Highway 93
right-of-way are city water and sewer main lines. There are no sidewalks or bike
paths along the portion of Highway 93 where this property is located. This will
make pedestrian or bicycle travel difficult and require future development on this
lot to install a bike path adjacent to Highway 93. Utility connections and
transportation corridors would be addressed when development is proposed on
the property.
S. Does the requested zone 've consideration to the articular suitabilityof the
roe for particular uses?
The property is fairly level and is completely outside of the 100 -year floodplain.
The proposed. B-5 zoning district would permit uses consistent with the
surrounding land uses already established along the Highway 93 South 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
Kalispell Growth Policy Future Land Use Map.
9. Does the requested zone 've reasonable consideration to the character of the
district?
The property requesting annexation and the initial zoning of B-5 is 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.
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 maintaining the predominately agricultural uses that had
been in place. The county subsequently zoned the area in and around the
property requesting annexation to an industrial zoning district. The industrial
zoning district is still in place today and has led to the mix of commercial and
industrial uses which make up this area.
7
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
grater and serer lines in this area. A B-5 zoning designation would be
appropriate for the site given the existing land uses and potential development
encouraged through the commercial and industrial zoning for the area.
10. will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the B--5 zoning will
promote compatible and life uses on this property as are found on other
properties in the area.
11. Will the requested zone encoura e the most a ro riate use of the land
throughout the rnum* ci ali ?
Commercial and light industrial development should be encouraged in areas
where services and facilities are available to support these types of uses
permitted or conditionally permitted under the B--5 zoning district. The proposed
zoning is consistent with the surrounding land uses and zoning in the area.
�. A
It is recommended that the Kalispell City Planning Board and zoning Commission adopt
Staff Deport # KA-10--2 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the initial zoning for this property upon annexation be
B-5, Industrial -Business.
E
AK13 Investments, Annexation
('10"'OST OF SERVICES ANALYSIS (COMMERCIAL LAND up to 90 % COVERE
August26,
PROJECT DETAILS
Number of acres proposed to be annexed
Number of commercial units:
Average square foot per lot.
Assessed value ,per property:
1. COST OF SERVICES
Costsbased on number of commercial businesses I
Fire: $823
Police: $1,320
Administration: $143
Solid Waste: $0
Costs per dwelling unit or Equivalent Residential unit (ERR): I
Roads: Based on 3 ERU $1 ,827
Water: $0
Sewer: $ 38
Wastewater Treatment: $163
Stormwater: $87
TOTAL ANTICIPATED COST OF SERVICE = $4,501
2. ANTICIPATED REVENUE GENERATED
Assessments based on average square foot per iot: 412,000
Storm sewer assessment: $4, 16
Street maintenance assessment: $7,428
Urban forestry assessment: $300
Light maintenance assessment: $300
Special assessment: $0
Sewer and water bill $600
TOTAL ANTICIPATED REVENUE = $12,744
3. TAX REVENUE
Assessed valve per property: $950, 000
Total assessed value: $950,000
Total taxable value: $27,835
Total additional revenue based on 170 mill levy: $4,727
TOTAL ESTIMATED TAX REVENUE $4,727
4. IMPACT FEES
Sewer impact fee:
$3,506
Dilater system impact fee:
$0
Stormwater impact fee
$0
Police impact fee
$ 1 72
Fire impact fee
$37257
Transportation impact fee
$2,206
TOTAL ESTIMATED IMPACT FEE
..........
$9, 1 40
SUMMARY
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $17,471
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $99140
7. NET REVENUE TO THE CITY PER YEAR. (ITEM 2 AND 3 - ITEM 1) $12,970
Planning epartment
201 V"' Avenue East
Kalispell, MT 59901
Phone: (406) 758--7940
Fax: (406) 758-7739
Mvw.kalis : 11.com/planning
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT:
MAIL ADDRESS: �'- LA;
0
CITY/STATE/ZIP. PHONE:
IN'rERE ST IN -P:ROPER.1-Y :
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL
ADDRESS.-
ITYISTATEOZtP:
INTEREST IN PROPERTY:
rime-1011to
PLEASE COMPLETE THE FOLLOWING:
Address of flit property: T
S
Legal Description:
(Lot and Block of Subdivision,- Tract �}
2=S 2A k,�3-e=!!EA
(Section, Township, :Range) (A. tach metes and bounds as ExhAt A)
.Land in project (ac):.-
Current estimated market value at 50% build out
at 100% build out
The present zoning of the above property is: 1-- AAk
The proposed zoning of the above property is:
State the changed or changing conditions that make the. proposed amendment necessary:
'I"lie signing of this application signifies that the foregoing information is true and accurate biased upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
proper y for rOLItine inspection during the annexation process. 7- 13 - V
(Applicant}Date)
1�eturn to:
T-heresa While
Kalispcll City Clergy:
P.O. Box 1997
Kalispell, NIT 59903)
P.ETl`riON TO ANNEX
N
NOTICE OF WITHDRAWAL l ROIVl RURAL FIRE DISTRICT
The undersigned hereinafter rel-erred to as 'etitioner(s) respectfully peti:t-io.n the City Council of
the City of Kalispell for an-nexation of the real property described below into the City of
Kalispell.
The 'etitionar(s) requesti-n.g 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 prodded to the
property described herein onsubstantlal-ly the same basis and in the sane Manner as such services
are provided or nude available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of.municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the PI-operty as herein described
ithdraa n from the sj Rural Fire District under the provisions of Section
7 "3-2 'I 7, Montana Code Annotated, and that incorporated into this Petition to Annex is the
Notice requi.reinent pu sua.nt to said Section; and that upon proper adoption of an ordinance or
-resolution of annexation bV the City Council of the City of Kalispell, the property shall be
detracted :from said district.
In the event the property is not immediately annexed, the Petitioners) ft.irther agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real propertNy, 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 pity of
1, alispell.
This Cite hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell exGludiiig solid waste services. MCA 7 -2 736 prohibits the city from
providing solid waste services to this propertyfor a tninirnurn of 5 yearsfrom date of annexation.
G)
iion O�ne Date
u/owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description o
the property to be annexed.
STATE OF MONTANA
: ss
Counter of Flathead County
..d
n this -- dark of � � � before me, the undersi ned, a Notary Pn li-c for
the Mate of,Montana, personally aPpearedj�^ l i ,.n 'n
to �e to -be the person whose name is subscribed to the foregoing instrument and acknowledged
to r e that he/s ie executed the same.
INWITNESS WEE-REO , J have hereunto set my .hand a fixed .my Notary Seal the day and
year in this ccrtificate first above writtlen.
ti ' • RODGER MEN y
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NOTARY PUaL"ONTA '
NOTARIAL, .*
Pri n:te d Name e
r Residing 8t Wi�jrmla, � ■ . g � ! "
Residing �t
�., _ �.
,f��' . , gym. �x�.ry, ��� Commission expires:
Adu
r � l
ss
Count,, of Flathead County
On this day of before rne, the undersigned., a Notary{ Public for
the State of Montana, personally appeared known
to nee to be the person whose name is subscribed to the foregoing instrument. and acknowledged
to me that he/she executed the sane.
IN WEMESS WHEREOF. l have hereunto set inn hand and affixed my Notary Seal the day and
year in this certificate first above written_
Notary Public, State of Montana.
Printed Larne
Residing at
.my Commission expires:
Investments, LLP
Triple w Equipment, Inc.
Annexation. & Initial Zoning
Legal Description
Tract 6E, Section 28, Township 28 North, Range 21 Nest is further described as follows:
A tract of land, situated, lying, and being in the southwest quarter of the southwest quarter of
Section 28, Township 28 North, Range 21 west, P.M.M. Flathead County, Montana, and more
particularly described as follows to wit:
Tract l:
Beginning at the northeast corner of Lot I of the Plat of Montana Tractor Tracts (records of
Flathead County, Montana), which is a found iron pin; Thence along the north boundary of said
Lot I, N 8 9°5 0' 3 3 "w 621.83 feet to a found aluminum cap on the easterly RIw of U.S. Highway
No. 93; Thence leaving said boundary and along said easterly RJw NO0'04'36"E 660.98 feet to
a found iron pin; Thence leaving said Rlw N89°57'49"E 622.04 feet to a found iron pin; Thence
S00005'42"w 663.09 feet to the point of beginning and containing 9.452 acres; Subject to and
together with all appurtenant easements of record.
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MIAMAMN
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I, the undersigned certify that I did thiLs date mai'l via First Class Mail a cop-y
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of the attached notice to the following list of landowners aLljoinipg the
property lines of the property where annexation and initial zoning is
requested,
Date: �/�.5�� /D
S-T-R: 28-28-21
AAB Investments, LLP
9300 Cartage Road
Missoula, MT 59802-975V
4-
Triple W EquipmenL
3145 US Highway 93 South
Kalispell, MT 59901
PLANNING FOR THE FUTURE MDATAXA .�-.•d
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758--7940
Fax: (406) 758--7739
mr"IN17.1calis Pell. co m/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below
and will be most directly affected by its development. You have an opportunity to present your comments and
concerns at the meeting noted below. You may contact this office at (406) 758-7940 for additional information or
visit our website at WwW..kalis ell.co.ml Ala nn111 x under "Planning Board Projects". Written comments may be
submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at
p l ann i1 1 ,; Lanka l i s p el 1. co in.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
September 14, 2010
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday,
September 14, 2010, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201
First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the
following agenda item. The Board will make a recommendation to the Kalispell City Council who will take final
action.
1. A request by Trinidad Holdings, LLP to annex approximately 0.90 of an acre into the City of Kalispell.
The owners have requested R-4 (Two Family Residential) zoning on the property. The property proposed
for annexation and initial zoning is located on west side of 8"' Avenue West approximately 200 feet south
of the intersection of V1 Avenue West and 10"' Street West. The property address is 1010 8"' Avenue West
and spans from 8t°' Avenue West to Ashley Creek. The property can be described as Lot 5 of Block 13 of
HIGH SCHOOL ADDITION TO KALISPELL, records of Flathead County, Montana; excepting there
from the northerly 12.47 feet within Section I S. Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
2. A request by the Young Legacy, LLC to annex approximately 2.07 acres into the City of Kalispell. The
owners have requested I-1 (Light Industrial) zoning on the property. The 2.07 acre project site is located
on the south side of Highway 2 West at the intersection of Highway 2 West and Highway 93 alternate
route. The property is developed with a commercial building (Flathead Beverage) with the address of 1370
Highway 2 West. The 2.07 acre site includes assessor's tract numbers 16B and 16BA and can be legally
described as parcels A and B of Certificate of Survey 4834 excepting therefrom a tract of land described in
Bargain and Sale Deed #200900034113 . The properties are located in the NE % of Section 13, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana,
3. A request by AKB Investments, LLP to annex approximately 9.46 acres into the City of Kalispell. The
owners have requested B-5 (Industrial -Business) zoning on the property. The property proposed for
annexation and initial zoning is located on east side of Highway 93 South at the intersection of Highway 93
and the Highway 93 alternate route. The property address is 3145 Highway 93 South and is the location of
Triple W Equipment. The property can be described as Tract I of Certificate of Survey No. 16624within
Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
4. A request by the Montana Department of Natural Resources and Conservation (DNRC) for a conditional
use permit to allow the Flathead Valley Community College to hold classes in the administration building
at the former DNRC campus site. The property is 26.4 acres in size and is zoned P- I (Public). In the P- I
zone a conditional use pernnit is required to use the property for post secondary educational purposes. The
26.4 acre site is located at the southwest corner of Highway 93 North and Reserve Loop. The property can
be legally described as Parcel I of Certificate of Survey 16926 located within the NE V of Section 36,
Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
AKB Investments, LLP Jerry & Pamela Mergenthaler Gardner investments, LLC
9300 Cartage Road 1414 forth Montana Avenue P.O. Box 958
Missoula, MT 59802--9758 Helena, MT 59601 Kalispell, MT 59903-0958
HQT, ILC Triple W Equipment
P.O. Box 958 3145 US Highway 93 South
Bigfork, MT 59911-0958 Kalispell, MT 59901