4. Resolution 5532 - Annexation Request - Department of Military AffairsPLANNING FOR THE FUTURE
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT Department of Military Affairs - Annexation and Initial Zoning of P-1 (Public)
MEETING DATE: November 7, 2011
BACKGROUND: The Kalispell City Planning Board met on October 11, 2011 and held a public
hearing to consider a request by the State of Montana Department of Military Affairs to annex 19.77
acres of land and zone the land P-1 (Public) upon annexation. The property is the current location of
the National Guard facility. The property is located on the east side of Highway 93 North,
approximately one mile north of the intersection of Highway 93 North and West Reserve Drive. The
property addresses are 2987 and 2989 Highway 93 North. The 19.77 acre site can be legally
described as Tract 2 as shown on Certificate of Survey No. 8594 located in Section 19, Township 29
North, Range 21 West P.M.M., Flathead County, Montana.
Kalispell Planning Department staff presented staff report #KA-11-03 providing details of the
proposal and the evaluation. Staff reported that the proposed P-1 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 approving the annexation request and
initial zoning of P-1 based on findings in the staff report.
At the public hearing, the applicant's representative, Steve Herzog of CTA Architects, spoke in favor
of the request. There was no additional public comment and the public hearing was closed. The
board briefly discussed the annexation request and recommended the city council consider approving
the request to annex and assign the P-1 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 P-1 (Public) would be in order.
FISCAL EFFECTS: A cost of services analysis was not prepared for the National Guard facility
because of the unique use of the property and the property's exempt tax status. Once annexed, the
property will not pay any general fund taxes but will pay the city's assessments for storm sewer,
street maintenance, urban forestry and light maintenance. Based on the unique use of the property, its
proximity to existing city limits and its primary access provided by a state highway, the anticipated
fiscal effects of annexing the property are minor and positive in nature.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad Jane Howington
Senior Planner City Manager
Report compiled: November 1, 2011
c: Theresa White, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
i rDI 4 1 ; 1 LOCATED IN SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, AND MOREPARTICULARLY DESCr ,' ,
.. t i i i
..'I'�i' � � i-� <�•; .` r i� irk.. ..
WHEREAS, the City of Kalispell has received a petition from the State of Montana Department of
Military Affairs, the owner of property located on the east side of Highway 93 North,
approximately one mile north of the intersection of Highway 93 North and West
Reserve Drive, 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-11-03, dated October 5, 2011; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City P-1, Public, on approximately 19.77 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
KALISPELL 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 National Guard Addition No. 415.
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.
Theresa White
City Clerk
Tammi Fisher
Mayor
EXHIBIT A
--
11� = : V- iN► 11 d-UN111 V 1I"'/T � MIj'i:7�y
The property is described as Tract 2 of Certificate of Survey No. 8594 in Section 19, Township 29
North, Range 21 West, P.M.M., Flathead County, Montana.
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 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 property as herein described
withdrawn from the West Valley 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 fora minimum of 5 years from date of annexation.
Petitioner/Owner Date
Petitioner/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 Lqj�,_day of jam, ,,, c c t { , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared t�j,q1 d,2_j , (_ , { 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
in this certificate first above written
Howq
R�
MARYHOVARD
01AR�q
NOTARY PUBLIC for the
SEAL
State of Montana
Residing at Helena, Montana
�9rFopm
My Commission Expires
August 10, 2014
ss
County of Flathead County
11
Notary PubU, State of Montana
Printed Name A'',1y-- �A�
Residing at 1 ( Era 0 f'�,t -,—
My Commission expires: )A i
On this day of before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
2
Department of Military Affairs
Annexation & Initial Zoning KA-1 1-03
Legal Description
The property is described as follows:
11 11 , 1
ji, 1111111
1 .1111 311811.1m
PLANNING FOR THE FUTURE
October 31, 2011
Jane Howington, City Manager
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
Planning Department
2011" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Re: Department of Military Affairs - Annexation and Initial Zoning of P-1 (Public)
Dear Jane:
The Kalispell City Planning Board met on October 11, 2011 and held a public hearing to
consider a request by the State of Montana Department of Military Affairs to annex 19.77
acres of land and zone the land P-1 (Public) upon annexation. The property is the current
location of the National Guard facility. The property is located on the east side of Highway
93 North, approximately one mile north of the intersection of Highway 93 North and West
Reserve Drive. The property addresses are 2987 and 2989 Highway 93 North. The 19.77
acre site can be legally described as Tract 2 as shown on Certificate of Survey No. 8594
located in Section 19, Township 29 North, Range 21 West P.M.M., Flathead County,
Montana.
Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-11-03
providing details of the proposal and the evaluation. He reported that the proposed P-1
zoning district was compatible with surrounding land uses and also consistent with the
Kalispell Growth Policy which designated the area as mixed use. Staff recommended the
board consider recommending the council approve the annexation request and initial zoning
of P-1 based on findings in the staff report.
At the public hearing, the applicant's representative, Steve Herzog of CTA Architects, spoke
in favor of the request. There was no additional public comment and the public hearing was
closed. The board briefly discussed the annexation request and recommended the city council
consider approving the request to annex and assign the P-1 zoning district on the property
upon annexation. The vote was unanimous.
Please schedule this matter for the November 7, 2011 regular city council meeting. You may
contact this board or Sean Conrad at the Kalispell Planning Department if you have questions
regarding this matter.
Sincerely,
Kalispell City Planning Board
John Hinchey
President
Attachments: Letter of transmittal
Staff Report #KA-1 1-03 and supporting documents
Draft minutes from the 10/11/2011 planning board meeting
Petition to Withdrawal from Rural Fire District
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: State of Montana, Department of Military Affairs
PO Box 4789
Fort Harrison, MT 59636-4789
Stephen Herzog, P.E., Senior Civil Engineer
CTA
2 Main Street, Suite 205
Kalispell, MT 59901
OCTOBER0
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 P-1 (Public)
upon annexation. A public hearing has been scheduled before the Kalispell City
Planning Board for October 11, 2011 beginning at 7:00 PM, to consider the annexation
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 Department of Military Affairs owns and operates a Montana National Guard
facility at 2989 Highway 93 North. The facility is located on a 19.77 acre tract of land
with the city limits to the north, east and south of the property. The facility has been
operating at this location since 2005. the facility is staffed with 26 people Monday
through Friday which increases one weekend a month to 275 people. During the
weekend the people stationed at this facility conduct drill and training exercises.
When the facility was constructed the city limits were further south and no municipal
water or sewer lines were anywhere near the property. Therefore, water was provided
by an on -site well and the facility uses an on -site septic system. However, the facility
has been experiencing issues with their water supply so the Department of Military
Affairs is requesting annexation to have access to the city's water main. In the future
the facility may look into connecting to the city's sewer main but for now the on -site
system works.
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, M.C.A., Annexation by Petition.
A. Petitioner / Owner: State of Montana, Department of Military
Affairs
PO Box 4789
Fort Harrison, MT 59636-4789
(406) 324-4815
Consultant: Stephen Herzog, P.E., Senior Civil Engineer
CTA
2 Main Street, Suite 205
Kalispell, MT 59901
(406) 257-8172
B. Location and Legal Description of Property: The property is located on the
east side of Highway 93 North, approximately one mile north of the intersection of
Highway 93 North and West Reserve Drive. The property addresses are 2987 and
2989 Highway 93 North. The 19.77 acre site can be legally described as Tract 2
as shown on Certificate of Survey No. 8594 located in Section 19, Township 29
North, Range 21 West P.M.M Flathead County, Montana.
Figure 1: View looking east at the main building at the National Guard facility
C. Existing Land Use and Zoning: The 19.77 acre tract of land is developed with a
national guard facility. The facility includes a central office building, armory,
outdoor vehicle storage area and equipment storage and repair building.
The current county zoning on the property is County SAG-10 (Suburban
Agricultural). This district is defined as "A district to provide and preserve
agricultural functions and to provide a buffer between urban and unlimited
agricultural uses, encouraging separation of such uses in areas where potential
conflict of uses will be minimized, and to provide areas of estate -type residential
development." Permitted uses in this district are generally limited to single family
homes and agricultural uses. The conditionally permitted uses allow some non-
residential uses but those are limited to churches, daycare centers, bed and
breakfasts, schools and golf courses. The minimum lot size requirement of the
County SAG-10 zoning district is 10 acres.
D. Proposed Zoning: City P-1 (Public) zoning is proposed for the property. This
district is intended to provide and reserve areas for public uses including public
buildings, schools, parks, airports and governmental buildings. The minimum lot
size is 7,000 square feet and maximum building height is set at 40 feet with up to
60 feet by conditional use permit.
2
E. Size: The area proposed for annexation and zoning contains approximately
19.77 acres.
North: Agricultural, County SAG-10
West: Agricultural/MDT offices and equipment yard, County SAG-10
South: Undeveloped, City R-2/PUD
East: Undeveloped, City R-2/PUD and City R-3/PUD
G. General Land Use Character: The general land use character of this area can be
described as agricultural lands with the exception of the National Guard facility
and MDT facility.
H. Utilities and Public Services: All available public services and facilities are
available to the property owner. Water and sewer main lines are located
approximately 600 feet west of the property within the Highway 93 right-of-way.
If annexed, the owner would have to pay water impact fees and user late corners
fees prior to connecting to the city's water line.
Sewer: Private septic system if annexed
Water: City water main if annexed
Refuse: Contract hauler
Electricity: Flathead Electric Cooperative
Telephone: CenturyLink
Schools: School District #5, Kalispell
Fire: West Valley Fire Department (currently) Kalispell Fire
Department if annexed
Police: Flathead County Sherriff Department (currently) Kalispell
Police Department if annexed
WOOOLUB�• •
Compliance with the growth policy.
The city council has adopted an annexation policy with a corresponding map as
an addendum to the city's growth policy document. The purpose of the
annexation policy is to give the planning board, the council and the
development community direction when property owners outside of the city
limits are requesting municipal services and annexation. The property
requesting annexation falls inside the annexation boundaries for property
owners to request direct annexation into the city.
Public water and sewer main lines are located west of the property requesting
annexation. The main lines are within the right-of-way for Highway 93. If
annexed, the property would have access to connect with the water and sewer
main lines provided the appropriate impact fees, late comer fees and necessary
permits are obtained from the city first.
2. Municipal Services:
As stated above water and sewer main lines are located west of the property.
These main lines are adequate to serve the needs of the national guard facility.
Fire hydrants are currently located on the site with additional hydrants being
installed as part of running water main lines from Highway 93 to the facility.
Given the close proximity to existing services, annexation of the property will
not overburden the municipal services currently in place.
Figure 2: Current city limits and existing city utilities in the area.
rd
3. Distance from current city limits:
The property requesting annexation lies within an area which has the city limits
on two sides, the east and south sides. Land approximately 600 feet north of
the property requesting annexation is also within the city. The map in figure 2
also provides an illustration 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. When annexed, the existing facility on the property
will be extending city water mains to the property and connecting the existing
water system to the main line.
A cost of services analysis is provided to the council on properties requesting
annexation as an indication of what it may cost to serve the future development
on the property. A cost of services analysis was not prepared for the National
Guard facility because of the unique use of the property and the properties
exempt tax status. Once annexed, the property will not pay any general fund
taxes but will pay the city's assessments for storm sewer, street maintenance,
urban forestry and light maintenance. A review of the facility's needs with
regard to city services is as follows:
Services:
® Streets: The National Guard facility, once annexed, will not impact the
city's street system since access to the property is from Highway 93, a
federally funded highway and a private access road.
® Parks: There will be no impacts to the city's park system because the
current and future use of the property as a National Guard facility will
not add to the permanent population of the city.
® Police: The police department regularly travels this length of Highway 93
currently to patrol areas in the Silverbrook subdivision, north of the
National Guard facility. Annexing the property will not require the police
department to go out of their way to patrol or respond to a call.
® Fire: The facility may need to call upon the fire department if there is a
fire or medical emergency. However, the Kalispell Fire Department has
an interlocal agreement with the West Valley Fire Department, who
currently serves this property. Even if the property were not annexed
into the city, if an emergency call was placed city fire and ambulance
crews would be responding based on the interlocal agreement with the
West Valley Fire Department.
® Solid Waste: The facility currently contracts with Evergreen Disposal.
M
® General Taxes: The property is tax exempt and will not pay any taxes
into the general fund.
® Assessments: The property will be paying the city's assessments for
storm sewer, street maintenance, urban forestry and light maintenance.
II. INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA
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 27.29.020, Kalispell
Zoning Ordinance.
Does the requested zone comply with the growth polio
The Kalispell Growth Policy Land Use Map designates the 19.77 acre site as
urban mixed use. 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. The intent of the P-1 zone is to provide for
areas and uses which serve the public health, safety and general welfare. The
proposed zoning acknowledges the existing national guard facility on the
property. No immediate changes to the facility are anticipated. The zoning
ordinance notes that the P-1 zoning district would typically be found in the
public land use designation but can be applied to any land use designation on
the Kalispell Growth Policy Future Land Use Map.
2. Will the requested zone have an effect on motorized and nonmotorized
transportation systems?
The property is currently developed with a national guard facility. The proposed
zoning will not change anything regarding traffic amount or flow on the property.
Access to the property is from Highway 93 North via a private access road.
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. However, the relatively limited
amount of traffic the facility currently generates will not impact the highway.
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
compromise the safety of the public. All municipal services including police and
fire protection, water and sewer service are available to the area.
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification will promote the health and general welfare
by permitting the national guard facility to continue operating and expand if
needed.
5. Will the requested zone provide for adequate light and air?
6
Setback, height, and lot coverage standards for the property are established in
the Kalispell Zoning Ordinance to insure adequate light and air is provided.
6. Will the requested zone promote compatible urban growth?
The requested P-1 zoning district limits the property uses to government
facilities, schools, parks and utility sites. This zoning district maintains and is
compatible with the established land use pattern in this area which is a mix of
government facilities, agricultural lands and residential and commercial zoning
in the city.
7. Will the requested zone facilitate the adequate provision of transportation water
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
8. Does the requested zone give consideration to the particular suitabilily of the
property for particular uses?
The proposed P-1 zoning district is consistent with the current land use, which is
a government facility. Residential zoning on land east and south of the national
guard facility has already planned on additional setbacks to mitigate impacts the
facility may have on future homes in the area. The P-1 zone also gives due
consideration of the suitability of this property for the permitted uses in the
zoning district.
9. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is a mix of agricultural lands, Montana
Department of Transportation facility and undeveloped land. By assigning the
property with the P-1 zoning district the development of this property will be
consistent with the neighboring property to the west and signify to future
development the government facility already located on the property.
10. Will the requested zone avoid undue concentration of people?
No. significant increase in the number and concentration of people in the area will
likely result after this land has been converted from its current county zoning to
the proposed P-1 zoning district. Minimum lot standards and use standards
within the proposed P-1 zoning district avoid the undue concentration of people
at the time the property is further developed.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the P-1 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?
N
The national guard facility was located on this property because at one time it
was a mile outside of the city limits. Over the years the city has annexed
adjacent property and the National Guard facility now finds itself close to being
entirely surrounded by the city. Since the city limits are adjacent to the east and
south sides of the property it should be encouraged to annex into the city limits.
The proposed zoning is consistent with the growth policy future land use
designation and acknowledges the unique use of the property as a national guard
facility.
INDWOMIMI . •'
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-11-3 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
P-1, Public.
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisyell.com/nlannine,
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: State of Montana, JFHQ-MT Dept of Military Affairs
MAIL ADDRESS: P.O. Box 4789, 1956 Mt. Maio St.
CITY/STATE/ZIP: Fort Harrison, MT 59636-4789 PHONE: 406-324-4815
INTEREST IN PROPERTY: Owner
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: Stephen L . Herzog
MAIL ADDRESS: 2 Main Street, Suite 205
CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406-257-8172
INTEREST IN PROPERTY: Engineer - CTA working on prol ect
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 2989 & 2987 Highway 93 North - Kalispell
Legal Description: East 1/2 Gov't Lot 4 Tract 2
(Lot and Block of Subdivision; Tract #)
Section 19, T.29N, R2VW., P.M.,M., Flathead Count
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 19 . 7 7 6
Current estimated market value $17 , 9 01, 3 0 5 at 50% build out
at 100% build out $17 , 9 01 , 3 0 5
Is there a Rural Fire Department RSID or Bond on this property Yes No X
If yes remaining balance is $
The present zoning of the above property is: Flathead County SAG-10
The proposed zoning of the above property is: P -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 insp ction during the annexation process.
iz 20
( ant) (Date)
1
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 Annexation Service Plan for
this annexation pursuant to Section 7-24610, 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) fiirther herein express an intent to have the property as herein described
withdrawn from the West Valley 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.
q /i
Petitioner/Owner Date
Petitioner/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 JLLA ,,"_day of`j nn o&t j ,mac} t f , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared E)t j -- j t_ u A jSc- a 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
vear in this certificate first above written.
r v NCwgR
MARY H0WARD
'TA
NOTARY NOTARY PUBLIC for the
SEAL
State of Montana
Residing at Helena, Montana
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MY Commission Expires
. August 10, 2014
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County of Flathead County
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Notary Publik, State of Montana
Printed Name 16l , 19 �f V�-
Residing at 1 E—v, V4 11 b" -T
My Commission expires: i_5�
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On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
Department of Military Affairs
Annexation & Initial Zoning KA-11-03
Legal Description
The property is described as follows:
Tract 2 of Certificate of Survey #8594.
9 �-' � i�
1L OWN
1, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners ad joinin the
property lines of the property where an annexation and initial zoning has
been requested.
Date: I
Elm
State of Montana
TF77aT,NWX 0Wkima
P.O. Box 4789
Helena, MT 59636-4789
CTA
Attn: Stephen L. Herzog
2 Main Street, Ste 205
Kalispell, MT 59901
State of Montana CTA
JFHQ-MT Dept. of Military Affairs Attn: Stephen L. Herzog 3040 Carriage Funeral Holding, Inc.
P.O. Box 4789 2 Main Street, Ste 205 Post Oak Blvd, Ste 300
Houston,
Helena, MT 59636 Kalispell, MT 59901 Houston, TX 77056
Glacier Valley Villages, LLC
AD% Earl Holbeck
320 North Foys Lake Drive
Kalispell, MT 59901
State of Montana
Department of Transportation
2359 US Highway 93 North
Kalispell, MT 59901
Daniel & Marion Pentelute
205 Bachelor Grade
Kalispell, MT 59901
State of Montana
Department of Military Affairs
P.O. Box 4789
Wolford Development Montana, LLC
412 Georgia Avenue, Ste 200
Chattanooga, TN 37403
PLANNING FOR THE FUTURE
. ONTA A
Planning Department
201 1" Avenue Last
Kalispell, MT 59901
Phone: (406) 758-7940
Pax: (406) 758-7739
wwvr .katisueii.com/niannintt
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 «wu.l,alispell.com/�lannir�e 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
IilaniI11gfujkaIispel1.Con).
NOTICE OF PUBLIC DARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
OCTOBER 11, 2011
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for
Tuesday, October 11, 2011 beginning at 7:00 PM in the Kalispell Ci", Council Chambers, Kalispell
Cih, Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take
public comments on the following agenda items. The Board will make a recommendation to the Kalispell
City Council who will take final action.
A request from the State ofMontana Department ofMilitary Affairs to annex 19.77 acres of land
and zone the land P-1 (Public) upon annexation. The property is the current location of the
National Guard facility. The property is located on the east side ofNighway 93 North,
approximately one mile north of the intersection of Higliway 93 North and West Reserve Drive.
The property addresses are 2987 and 2989 Highway 93 North. The 19.77 acre site can be legally
described as Tract 2 as shown on Certificate of Survey No. 8594 located in Section 19, Township
29 North, Range 21 West P.M.M Flathead County, Montana.
A request by Edward (Mick) Hagestad for a conditional use permit to allow the construction of a
40' x 70' (2,800 square foot) building to be used for the storage of equipment and materials
associated witli the painting business currently occupying the property. The painting business is
housed within a building on the south side of the property which will remain. The proposed
2,800 square foot building would provide a small office area and bathroom on the north end of
the building. The remaining building footprint will house equipment and materials associated
with the painting business.
The property is zoned B-2 (General Business) which requires a conditional use permit for the use
of the property as a contractor's storage yard. This would include using a building for the storage
of equipment and materials associated with a contractor's business.
The property is located at 1020 West Center Street, on the south side of the street, approximately
'150 feet east of the intersection of South Meridian Road and West Center Street. The property is
'
approximately 13,000 square feet (0.3 of an acre) in size and can be described as Assessor's Tract
5DEA located in section 18, Township 28 North, Range 21 West P.M.M Flathead County,
Montana.
Mr. Hagestad has also indicated future expansion plans to the property immediately south. These
plans include leasing or purchasing an area approximately 66' x 108' to be used for a covered
storage area and outside work area, weather permitting. This future expansion area is not part of
the requested conditional use permit application. Should Mr. Hagestad pursue expanding his
business south he will need to apply for either an administrative conditional use permit or
standard conditional use permit depending on the size of the expansion area.
STATE OF MONTANA
FLATHEAD COUNTY
VIT OF PUBLICATION
IELLE ROONEY BEING DULY
RN, DEPOSES AND SAYS: THAT HE IS THE
iL CLERK OF THE DAILY INTER LAKE A
Y NEWSPAPER OF GENERAL CIRCULATION,
rED AND PUBLISHED IN THE CITY OF
SPELL, IN THE COUNTY OF FLATHEAD,
'E OF MONTANA, AND THAT NO. I � (, $C)
AL ADVERTISMENT WAS PRINTED AND
,ISHED IN THE REGULAR AND ENTIRE ISSUE
AID PAPER, AND IN EACH AND EVERY COPY
:EOF ON THE DATES Of • , 2b11.
► THE RATE CHARGED FOR THE ABOVE
FFING DOES NOT EXCEED THE MINIMUM
qG RATE CHARGED TO ANY OTHER
ERTISER FOR THE SAME PUBLICATION,
IN THE SAME SIZE TYPE AND PUBLISHED
THE SAME NUMBER OF INSERTIONS.
--- - -----------
Subscribed and sworn to
Before me this September o��v , 2011
Ai-0141------------ --Doross
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2013
o�N-41.G -
DOROTHY I. GLENCROSS
�Q $oiAR�s� N
NOTARY PUBLIC for the
* SEAL *
State of Montana
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Residing at Kalispell, Montana
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My Commission Expires
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September 11, 2013
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DEPARTMENT OF MILITARY AFFAIRS
REQUEST FOR ANNEXATION AND INITIAL ZONING FROM COUNTY SAG-10
(SUBURBAN AGRICULTURAL) TO P-1 (PUBLIC) ZONING ON APPROX. 20 ACRES.
City Limits
FILE# KA-11-03 PST DATE 9/12/11
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