03. Resolution 4592 - Dennis Carver Annexation RequestFlathead Regional Development Offico
Room
Kalispell, Montana 59901
iZ % • ; 07
1'743 D� a W, 9N 43T,
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 Zoning of I-1 for Dennis Carver
November 6, 2000
BACKGROUND: The applicant is requesting annexation into the city of Kalispell
and initial zoning of I-1, Light Industrial, upon annexation. The property is located on
the north side of Kelly Road and east of Highway 93 South where the property owner
intends to build a shop and office and will need to connect to City services. The staff
recommended to the planning board that the board forward a recommendation to the
city council for I-1 zoning upon annexation based upon surrounding zoning and the
current County I-1 zoning for the property.
The annexation and assignment of appropriate zoning went before the Kalispell City -
County Planning Board for public hearing at their October 10, 2000 regular meeting.
No one spoke. The planning board is forwarding a recommendation of I-1, Light
Industrial, zoning for the property upon annexation.
RECOMMENDATION: A motion to adopt the first reading of the ordinance assigning
an I-1, Light Industrial, zoning designation to this property upon annexation would be
appropriate.
FISCAL EFFECTS: Minor positive effects once fully developed.
ALTERNATIVES: As suggested by the city council.
�. I✓L
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: October 19, 2000
Attachments: Transmittal letter from KPB 10/ 18/00
Petition to annex and Exhibit A
FRDO report KA-00-8
Draft planning board minutes 10/ 10/00
c w/ Att: Theresa White, Kalispell City Clerk
H:\FRDO\TRANSMrr\KAUSPEL\2000\KA008ME.DOC
Providing Community Planning Assistance To:
Flathead County ® City of Columbia Falls ® City of Kalispell ® City of Whitefish
• RESOLUTION TO PROVIDE•- THE ALTERATION OF THE BOUNDARIES OF
CITY OFKALISPELL BY INCLUDING•CERTAIN
PROPERTY,REAL •#E PARTICULARLY DESCRIBED TO BE
ACCORDANCEKNOWN AS CARVER ADDITION NO. 301; TO ZONE SAID PROPERTY IN
.:LL ZONING ORDINANCE,r TO DECLARE
DATE.EFFECTIVE
WHEREAS, the City of Kalispell has received a petition from Dennis
Carver, the owner of property located on the north side
of Kelly Road and east of Highway 93 and described in
Exhibit A, attached hereto and thereby made a part
hereof, requesting that the City of Kalispell annex the
territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Dennis Carver's Annexation Request, #KA-00-8,
dated October 2, 2000, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into
the City of Kalispell, and
WHEREAS, said territory is included within and conforms to the
Kalispell City -County Master Plan, 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 in
Exhibit A, be annexed to the City of Kalispell and the
boundary of the City is altered to so provide, and shall
be known as Carver Addition No. 299.
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
carver.wpd -1-
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 6TH DAY OF NOVEMBER, 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
carver .wpd
A Tract of land situated, lying and being in the Southwest Quarter, Northeast Quarter (SW 1/4
NE 1/4) of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and
more particularly described as follows:
Commencing at the NW corner of the SW 1/4 NE 1/4 of Section 20, Township 28 North, Range 21
West to a point as per Certificate of Survey No. 2532; thence South 89°24' 14" East and along the
North boundary of the SW 1/4 NE 1/4 of Section 20 a distance of 300.00 feet to a point which is the
NE corner of Certificate of Survey 2532, the NW corner of Tract "D" of Certificate of Survey 2730
and the True Point of Beginning of the tract herein described; thence continuing (as per Correction
Certificate of Survey No. 2936) South 89°24' 14" East and along the North boundary of the SW 1/4
NE 1/4 of Section 20 and the North boundary of said Tract "D" a distance of 109.75 feet to a point;
thence South 00°00'25" West a distance of 403.90 feet to a point; thence North 81°52'36" West a
distance of 10.00 feet to a point which is the P.C. of concave Southwesterly curve to the left; thence
Northwesterly along a 954.38 foot radius curve to the left, through a central angle of 06'01'14", an
arc length of 100.28 feet to a point on said curve (radial bearing of S 02°06'00" W) which is also the
SE corner of the aforementioned Certificate of Survey 2532; thence North 00°00'25" East along the
Westerly boundary of Tract "D" Certificate of Survey 2730 a distance of 394.70 feet to the Point
of Beginning.
Flathead Regional Development (Mice
723 571 Avenue East - Rom 414
Kalispell, Montana 5MI
Phone- (406) 758-5980
Fax: (406) 758-5781
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of 1- 1 for Dennis Carver
The Kalispell City -County Planning Board met on October 10, 2000, and held a public
hearing to consider a request for I-1, Light Industrial, upon annexation on property located
on the north side of Kelly Road and east of Highway 93. The applicant would like to build a
shop and office and needs to connect to City utilities.
Narda Wilson presented staff report KA-00-8 and recommended that the board forward a
recommendation for 1- 1, zoning upon annexation based upon surrounding zoning.
At the public hearing no one spoke in favor or in opposition of the request.
A motion was made to adopt staff report KA-00-8 and recommend to the Kalispell City
Council that the property be zoned I-1, Light Industrial upon annexation. On a roll call vote
the motion passed unanimously. Exhibit A describes the annexation boundaries.
Please schedule this matter for the November 6, 2000 regular city council meeting. You may
contact this board or Narda Wilson if you have any questions regarding this matter.
Sincerely
Kalispell City -County Planning Board
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Attachments: Petition to annex and Exhibit A
FRDO report KA-00-8
Draft planning board minutes 10/ 10/00
Providing Community Planning Assistance To:
Flathead County ® City of Columbia Falb ® City of Kalispell * City of Whitefish
should be B- 1, Neighborhood Buffer District, upon annexation.
r-T1#T;T11Z-113TK-T1ATjR:=*
ROLL CALL On a roll call vote the motion passed unanimoual,,j
BUFFALO STAGE PHASE A request by Buffalo Chip Partners for annexation of Buffalo
V ANNEXATION AND Stage Phase V and an initial zoning designation of RA-1 on
INITIAL ZONING property comprising approximately 12 acres, located on the
west side of Whitefish Stage Road south of Granrud Lane.
STAFF REPORT Narda Wilson, representing the Flathead Regional Development
Office, gave a presentation on staff report KA-00-10 and
recommended that the property be zoned RA-1, Low Density
Residential Apartment, upon annexation into the City of
Kalispell. Wilson stated the proposed RA-1 zoning complied
with other zoning in the area and with the master plan and
wouldn't change the single family development pattern of the
subdivision.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
[31ROPONENTS No one wished to speak.
OPPONENTS No one wished to speak and the public hearing was closed.
MOTION Garberg moved and Mann seconded to adopt staff report #KA
00-10 as findings of fact and forward a recommendation to
Kalispell City Council with initial zoning of Buffalo Stage Pha
V beLow Density Residential Apartment, up
annexation.
BOARD DISCUSSION There was no discussion.
ROLL CALL On a roll call vote the motion passed unanimously.
CARVER ANNEXATION A request by Dennis Carver for annexation and an initial
AND INITIAL ZONING zoning designation of 1-1 on approximately one acre on the
north side of Kelly Road and east of Highway 93 South.
STAFF REPORT Narda Wilson, representing the Flathead Regional Development
Office, gave a presentation on staff report KA-00-8 and
recommended that the property be zoned City 1-1, Light
Industrial, upon annexation into the City of Kalispell. Wilson
stated it was consistent with the area. The applicant intends to
build a shop and office and needs City utilities.
Heinecke asked and Wilson answered that when you do an
annexation by petition it didn't need to be contiguous to the
City.
Kalispell City -County Planning Board
October 10, 2000 Meeting Minutes
Page 7 of 9
PUBLIC HEARING The public was opened to those who wished to speak on the
proposal -
PROPONENTS No one wished to speak.
110
MOTION Sipe moved and Stevens seconded to adopt staff report #KA-00-
8 as findings of fact and forward a recommendation to the
Kalispell City Council for the initial zoning of the property to be
1-1, Light Industrial, upon annexation.
BOARD DISCUSSION There was no discussion.
11111111;111r;ji: III 111�111111 I • I 1! 11
OLD BUSINESS Johnson asked Wilson if she worked on the change to non-
conforming uses and Wilson said she did not have a chance to
do that. Johnson directed staff to prepare a letter to the City
Council requesting they pursue same.
Wilson stated that at the City Council work session, on
September 25th, the Council decided, at the next work session,
to talk about an urban growth boundary. They thought it
would be beneficial to take the issue back to the planning
board to look at. Wilson asked if they wanted to hold a work
session.
Stevens understood from the session that Wilson would
develop some ideas and forward those to the planning board for
comment. Wilson said she was in the process, of putting that
together and would be happy to provide research and ideas for
the planning board discussion.
The Board concluded they would meet on Tuesday, October
17th, at 7:00 p.m. and Wilson said she would check on the
council room, or they could use the conference room.
Mann asked if it was appropriate to discuss the Meridian Road
zoning at the same time. Wilson said they could take a look at
the neighborhood plan. Wilson would include the zoning map
and mark the zone change activity over the last couple years.
NEW BUSINESS There was a brief discussion about effecting the procedures for
statute regarding notifying landowners of a zone change. It
was determined they could write a letter to the City Council
initiating an amendment to the Kalispell Zoning Ordinance that
would require notification of property owners that are being
annexed, advising them of a public hearing on zoning.
Mann moved and Garber seconded that Wilson prepare a letter
to the City Council amending the portion on intent of zoning
and all voted aye.
Kalispell City -County Planning Board
October 10, 2000 Meeting Minutes
Page 8 of 9
REQUESTDENNIS CARVER
•- ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF Pr- rr
OCTOBER 2, 2000
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 October 10, 2000 beginning at 7:00
PM in the Kalispell City Council Chamber. The Planning Board will forward a
recommendation to the Kalispell City Council for final action.
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioner
would like to build a shop and small office on this property and needs to connect to City
water and sewer. Annexation is needed in order to receive the necessary services.
A. Petitioner and Owners: Dennis Carver
1995 Third Ave. East
Kalispell, MT 59901
(406) 257-6202
B. Location and Legal Description of Property:The property proposed for
annexation is located on the north side of Kelly Road and east of Highway 93.
The property contains approximately one acre and can be described as
Assessor's Tract 70F located in Section 20, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
C. E7dsting zoning: This property is currently located in the County zoning
jurisdiction and is zoned 1-1, Light Industrial. The I-1 zoning district is intended
for light industrial uses, which do not have objectionable impacts such as noise,
dust, odor or potentially hazardous materials. This zoning district has a
minimum lot size requirement of 7,500 square feet.
D. Proposed Zoning: The property owner is requesting City I-1 zoning, also a Light
Industrial zoning district which is intended to provide an area for the same uses
which are anticipated in the County I-1 zoning district. Basically this is intended
as an area for light assembly, warehousing, distribution and other uses, which
would have a minimal impact on surrounding properties with regard to noise,
smoke, odor or heat. The minimum lot size requirement of the City 1-1 zoning
district is 7,000 square feet. The City I-1 and the County I-1 zoning district are
very similar with regard to intent, listed permitted and conditionally permitted
uses and lot size.
E. Size: The area proposed for annexation and zoning contains approximately one
acre.
F. Mrdsting Land Use: Currently this property is undeveloped except for the
activity relating to the new construction of the shop and office space. The total
square footage of the building will be approximately 6,000 square feet.
G. Adjacent Land Uses and Zoning: The character of the immediate area is
generally a mix of commercial to the west and light industrial to the south.
There are some undeveloped lots on the north side of Kelly Road. There are
several residential subdivisions in the immediate area.
North: Single family residential, County R-2 zoning
South: Pepsi warehouse, Alpine Auction house, County 1- 1 zoning
East: Warehouse, County 1- 1 zoning
West: Undeveloped lots and Billmayer drilling, County 1-1
H. General Land Use Character: The general land use character of the area is a
mix of commercial, light industrial and residential. Properties along the west end
of Kelly Road have generally been developed with some light industrial uses. The
annexation of this property will be the easternmost boundaries of the City of
Kalispell in the area.
1. Availability of Public Services: Kelly Road has City water and sewer mains
located in the right of way. The new building will connect to City water and
sewer and is served by a private well. With the addition and annexation of the
property, City water will be extended to serve the site and the private well would
be limited to irrigation. It appears that a water main will need to be extended to
the site in order to service the fire hydrants needed for the building. The new
main will be required to comply with the City of Kalispell's standards for sewage
treatment facilities. The property owner is ready to expand the building and
obtain a building permit. Prior to the issuance of the building permit, the
applicant was required to initiate the annexation process.
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.
RNEEPTO M-fiffis
This property is indicated on the Kalispell City County Master Plan Map as
commercial and the Greenacres Neighborhood Plan designates this area as light
industrial and commercial. In order to preserve the value and investment made
by the property owners in the area and to provide consistency between the City
and the County, the proposed 1-1 zoning appears to be the logical zoning
designation for this property and is in reasonable compliance with the
neighborhood plan for the area.
VA
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3.
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7.
Rezoning this property may result in additional traffic generated from the
property especially once the property owner builds on property that has been
otherwise vacant and has not generated traffic. This new development will result
in a modest increase on both Kelly Road and Highway 93. Kelly Road is in
substandard condition with some slumping in areas near this property. Highway
93 is scheduled for reconstruction and upgrade. Currently, however, there are
no design plans or funds designated for the upgrade of Kelly Road by the County
within the next several years.
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 believe they can adequately service this
site. There is 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.
Because this annexation will enable the property owner to connect to public
water and develop the property with full public services, the public health and
welfare of the community will be served.
The uses planned for this property will be required to comply with the
development standards of the 1-1 zoning district, which assures that there is
adequate light and air.
The requested zoning designation is consistent with the type of development
which would be anticipated under the neighborhood plan and other development
in the area. The requested zone will prevent the overcrowding of land.
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.
3
I-STIRM-93 M-M, nOg*_F.r*j7 0 4=0
Public service, facilities and infrastructure are currently in place to accommodate
the use(s) in the area. No significant impacts to these services can be anticipated
as a result of this zoning proposal.
The proposed zoning is consistent with the master plan designations of
commercial and light industrial. This has traditionally provided an area for light
warehousing type uses and continues to develop in that manner. The requested
zoning is consistent with the existing zoning and provides predictability in the
types of uses that will be developed in that area. The proposed zoning appears to
be suitable for this property and the area in general.
The general character of the area is primarily light industrial with some
commercial and residential in the immediate area. The requested zone gives
reasonable consideration to the character of the area and appears to be
consistent with other development in the area which has occurred over the last
five or six years.
M.WrXiMe'lMriff"s M-E
Value of the buildings in the area will be conserved because the uses allowed
under the I- I are consistent with the uses in the immediate area and with the
existing uses on this property.
IT= M-ST01
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The most appropriate use of land throughout the jurisdiction appears to be the
proposed light industrial designation being requested because it is consistent
with the master plan designation and promotes the stability and neighborhood
character of the immediate area.
It is recommended that the Kalispell City -County Planning Board adopt Staff Report
#KA-00-8 as findings of fact and forward a recommendation to Kalispell City Council
that the initial zoning for this property should be 1-1, Light Industrial, upon annexation.
H:\ ... \REPORTS \KA\00 \KAOO-8 \NW
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rlathead Regional Development Office
723 Sm Ave. East Room 414
Kalispell, Aff 59901
Phone: (406)758-5980 Fax: (406)758-5781
44W A"I-' &4942CAT�O
PN MATEif.-�
ETITION FOR ZO9G M We
fl- S--Ct
NAME OF APPLICANT:
MAIL ADDRESS:
CITY/STATE/ZIP: M-1 V/ PHONE: —
INTEREST IN PROPERTY:' 0WAA e
5. ZONING MAP AMENDMENT:--,— ZONING TEXT AMENDMENT: -J1VZ.1ffl
iWor-111113IM1110 I i AWN
A. What is the proposed zoning text amertdrrre—nt?
IF THE REQUEST PERTAINS TO AN AMENDMENT TOT ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property: 14flik R16IJ 14 lispe MT SY I
B. Legal Description: 70 F
.11(Lot and Block of Subdivision; Tract #)
D ee.. aO . -I ;(X At . 15 ckl IJ
(Section, Township, Range) (Atta-ch sheet for metes and b undsl
C. The present zoning of the above property is:
D. The proposed zoning of the above property is:
E. State the changed or changing conditions that make the proposeg
HOW WILL . i.Pr r CHANGE ACCOMPLISH1 INTENTi
A. Promoting Plan AA00
B. Lessening congestion in the streets and providing safe access Od
A-_7 . _ !'%_..,
D. Promoting the
the public interest health, comfort, convenience, safety and general
welfare /I cl - 4�ODi ��s _ Glil� fad% Aamp /a.'1'
E. Preventing the overcrowding of land /he A�hal4az4Z V"-
Avoiding undue concentration of population _
- -
G. Facilitating the adequate provision of trans ortation, water, sewage, schools,
parks and other public facilities r
H. Giving reasonable consideration to the character of the district Jr
e�'sT�•�, lr��i r�%��;Gl ��'G1Lco�,�,l ,n ���P �� n„'/�, � ��
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J. Protecting alid conserving the value of buildings A e lag
K- Rnrouraping the most annrnnriate use of land by assuring nrrierlv ornurth
The signing of this application signifies approval for F.R.D.O. staff to be present on the
prop r,y for routine monitoring and inspection during approval process.
(Applicant) fDate)
3
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:
Base fee $500.00
For first 80 acres of area of the request add $10/acre
For next 81 + $5/acre
Amendment to Zoning Text
PUD Zoning Review:
Residential
Commercial
Mixed Use
$400.00 + $10/acre
$600.00 + $10/acre
$650.00 + $10/acre
D. The application must be accented as complete by the FRDO staff thirty (301 days
prior to the date of the planning board meeting at which it will be heard in order
that requirements of state statutes and the zoning regulations may be fulfilled.
A. Application Contents:
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.
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
As approved by the CAB on 4/5/00
Effective 6/ 1 / 00
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Tract.r . situated,, and beang in the Southwest
Quarter, Northeast Quarter (SW1/4,=/4) of Section Twenty
(20), Township Twenty-eight (28) North, Range Twenty-one
(21) West, P.M.M., Flathead County, Montmna and
pax t described as follows:
,.#Hit :I :M • the corner of the \ •Y E+'%A. • ofSection
i Towmship 28 North, Range
21 —w it _ pointas per
Certificate ofSurvey • thence
Sarth 89-24114" East and along the North boundary of the
SW1/4NE1/4 of Section 20 a distance of 300.00 feet to
a point which is the NE corner of Certificate of Survey
2532, the NW corner of Tract "D" of Cartificate of
Survey 2730 and the True Point of Beginning of the trac
herein described; thence continuing
South 89-24114" East and along the North boundary of the
SIli + of s. / _i# • the North boundary r • -r of •
Tract "D" a distance of 109.75 feet to a point; thence
thence
Nor " r West a distanm of is i i feet to _ point
which is ■ - P.C.of concave Southwesterly cur - to the
(havingleft a radiusof •
central angle
of 06*11132" and an arc length of 103.14 feet); thence
Northwesterly along said 954.38 foort radius curve to the
left, through a central angle of 06001114", an arc
length of 100.28 feet to a point on said curve (radial
bearing of S 02 * 06 100" W) which is also the SE corner
of the aforementioned Certificate of Survey 2532 and the
Westerly boundary of Tract "D" Certificate of Survey
2730 a distance of 394.70 feet to the Point of Beginning.
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11-20-199? 09:42AM
4067514301
PETITION NO. 6A-0O-L
BEFORE THE CITY COUNCIL
OF THE
CITY OF ISPELL
PETITION FOR ANNEXATION TO C1rf
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 ILOLI-74
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
LEGAL DESCRIPTION OF PROPERTY TO BE -ANNEXED:
PROPERTY ADDRESS:
OWNER
OWNER
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
AND
NOTICE OF WITHDRAWAL1
RURAL FIR"LSTRICT-
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and tittered into this _ % 0
day of T 2040, by Vd between ®/ rO L/06 �-
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR
CONTRACT SELLER(S) J 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 %$at
consideration to us in hand paid, and certain promises, mutual teems, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which is hereby acbioAedgeda, : T
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 prW ,pgs
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 f 5;Irw 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 reel 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 .2000.
CITY OF KALISPELL
STATE OF MONTANA
: ss
County of Flathead
On this �a� day of t5WrPIK�S E je , 2000, before me,
the undersigned, a Notary Public for the State of Montana, persooafly appeared w
(' A z1yt , known to me to be the person whose name is subscnbW to the
foregoing instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and &Mxed my Notarial Seal the
day and year in this certificate first above written.
W L
t rtij,Ojgg/�
STATE OF MONTANA
�5d
County of Flathead
� S)
Notary Publi , State of Montana
Residing at O,
My Commission expires( a
On this /t� day of St--VrEix iS Fe. 2000, 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certifica(c first above written.
Notary Public, State of Montana
Residing at
My Commission expires
STATE OF MONTANA )
ss
County of Flathead )
On this 1 Sr day or 1, 2000, before me, a Notary Public in
and for the State of Montana, personally appeared CHRIS A. KUKULSKI and /1dfir. rH6CtiS,,
j,(J 1%r'TE Reomt oN, known to me to be die City Manager and 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 setforth, and
that they were duly authorized to execute the same on behalf of said municipality. IN
WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and
year first above written.
y(
s
Notary Public, State of Montana
•
Residing at j wzxto ..J
t\ �� My Commission expires OA-
A Traict of land situated, lying and bei:ng in the Scuftest
Quarter, Northeast Quarter (SW1/4NEI/4) of Section Twenty
(21) West, P.M.M., Flathead County, Montana and
described as follciws:
Comencing at the NW corner of the SW1/4NEl/4 of Section
20, Towaship 28 North, Range n West to _ point as per
Certificate of Su:rvW No. 2532; thence
South 89 * 24114" East and along the North boundary of the
SWl/4NEI/4 of Section 20 a distance of 300.00 feet to
a point which is the NE c=mer of Certificate of Surmy
2532, the Nw corner of T!ract: "DO of Certificate of
Survey 2730 and the True Point of Beginning of the trac:
herein • described; thence •"m •u•a
South 89 * 24114" East and along the Nor boundary of the
SW1/4NEI/4 of Section 20 and the North boundary of said
Tract "D" a distance of 109.75 feet to a point; thence
South 00000125" West a distance of 403.90 feet to a point;
thence
North 81052136" West a distance of 10.00 feet to a point
which is the P.C. of conic-ave Southwesterly curve to the
left (having a radius of 954.38 feet, a central angle
Nmdx,vsterly along said 954.38 foot radius curve to the
left, through a central angle of 06*01'14", an arc:
length of 100.28 feet to a point an said curve (radial
bearing of •• is also the `f' •fry• �:
Westerlyof the afarement:ioned Certificate of Survey 2532 and the
boundary of is / Certificate • ': &xvey
• _ distance of • • feet to ■ _ Point of Beginning.
ni• r
NEITHER :
Irancode [I) ACCOUNT INFORMATION [LIM)
Inquiry by AS OF 9/18/2000
Assessor Number (01726021 Year (01) Geocode [ )
A 0172602 05
1M CARVER, DENNIS Add'l Names N
Add'l Desc N
Add'l Values N
4M 1995 3RD AVE E
KALISPELL MT 599015759
61 TR 70E & TR 70F IN SW4NE4
20 28 21 2.01
00 00 00 0
00 00 00 0
* INVALI
1
NOTICE OF PUBLIC
KALISPELL CITY -
COUNTY PLANNING
BOARDSSANND ZONING
GlacierCOMION
Village Greens
Annexation
and Initial Zon-
%1 4A ions Change
firmR-3 two R-5 — North
Marldlan3— CamCarrierinRA-
. Carver. An and
of 1-1 Kelly
`Anne n and
initial Zoning of B-1 —
Woodland Park Drive
Buffallo Stage Phassi V
Annexation and Initial Zon-
of RA 1: 1 -
ragufar`htee' of
this Ka*eii City -County
Board and Zon-
kid
uled be ,-October
10, MW beue i�gat 7:00
PM in the Kalispell City
Council Chambers, Kalis-
pell City Hall, 312 First
Avenue East, Kalispell.
During :-the ..;regularly
board, the oboard
f the
wi11 hold public hearings
�rrbfic convnents
on the following' agenda
items.. The board willme
to _Coun-
co w9t h ac-
1. A oposai by the
City of l�a an-
nexation Glacier
Greens and adjoining
to the wesL The
II City Council has
passed a resolution of in-
to annex platted sub-
divisions the Glacier
Village Greens develop-
ment and property to the
wea As part of Me an-
nexation a public
hearirKI is held before the
pluming board regarding
the appropriate CCity zxxning
assilginment for proper -
for xa-
Sort f T wig make a
recommendation to the
Kalispell City CouncL The
properties proposed for
lion can be gener-
ally described Asses-
5 and Phases I
tlirou h X. including the
.subdivisionplats
and common areas within
the platted subdivisions,
but excluding Phase VII,
the clubhouse and golf
course. These properties
are located in Section 32,
Township 29 North, Range
21 West, P.M.M., Flathead
COL -
Montam
2. request by Dana
and Krista Diebert for a
zone change from R-3, a
Resideritial zonng to R-5,
a Residential / Professio-
nal Office zoning district.
The property p for
rezoning is led an the
wed side of North Mendl-
an Road approximately
600 feet south of Three
Mile Drive. The applicants
would like to convert the
existing residence into of-
fke space. -The property
is hated at 1070 North
Meridian Road and con-
talm .33 of
an �rtt an b0e04 square
feedescribed
as 4, Block 1, Adams
Addition located in Section
12. Township 28 North,
Range 21 West. P.M.M.,
Flathead County, Monta-
na.
& A�tegUest bbyy Wayne
and Suzanne E�Sott for a
conditional use permit to
aftw the'6peraBon of a
day care center in an RA-
3,High Density Res Apaftsrvt� zoning dis-
bia The day care center
would accommodate a
maximum of 36 children.
The property pied for
the day care center is lo-
cated on the west side of
Airport Road approximate-
yy yy100 fleet south of 18th
Serest West and the ad-
dress is 1818 Airport
Road, Kalispell. it can be
described as Lot 1, Purdy
Addition located in Section
19, Township 28 North,
Range 21 West. P.M.M.,
Flathead County, Montana
4. A request by Dennis
Carver for annexation into
the C.4y of Kalispell and an
initial zoning designation
of IA, UgW Industrial, on
approximately one acre.
The property lies on the
north side of Kelly Road,
approximately 800 feet
east of Highway 93 South.
The is currently in
the = zoning jurisrtic-
tion and is zoned 1-1, Light
The purpose of,
the annexation is so that
the property owner can
connect to City water and
sewer sees for a pro-
posed shop and office'
buildiling intended for the
property. The property
can be described as As-
sessor's Tract 7OF located
in Section 2O-Township
28 North, Range 21 West,
P.M.M., Flathead 'County.
5. A request by Frank
DiVita fo annexation into
the City of Kalispell and an
initial zoning designation
of B-1, Neighborhood Buf-
fer District, on an approxi-
mately 9,000 square feet
parcel. The property lies
on the northeast comer of
Woodland Park Drive and
Shady Glen Drive. The
property is currently in the
County zoning jurisdiction
and is zoned B-1. Neigh-
borhood t Professional
The purpose of
the annexation is so that
the property owner can
coninect to City water and
sewer services for an artist
studio intended for the
property: The property
can be described as Lot 9,
and the south 25 feet of
Lot 8, Block 1, Phillips Ad-
dition, located in Section 8,
Township 28 North, Range
21 West, P.M.M., Flathead
County, Montana.
6. A request by Buffalo
Chip Partners for annexa-
tion `of Buffalo Stage
Phase V_ into the City of
KafiVelll and an Initial zon-
ing designation of RA-1,
Low Density Residential
This is the fi-
nal phase of Buffalo Stage
Subdivision and d contains
36 lots on approximately
11.61 acres and is located
on the west side of White-
fish Stage Road south of
Granrud Lam. This prop-
'
ert� is in the Evergreen
and Vicinity Zoning District
and is zoned RA-1, a Low
Density Reskkntiai Apart-
ment zoning district This
subdivision is served by
Kalispell sewer and Ever-
green water. The property
can be described as Buffa-
lo Stage Phase V located
in Sections 31 and 32,
Township 29 North, Range
21 West, P.M.M., Flathead
County, Montana.
Documents pertaining to
these agenda items are on
Be kl public athead Re
velopment 723 F'tffh
Avenue East, Room 414,
Kalispell, MT 59901, and
are available for public re-
view 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 submit-
ted to the Flathead Re-
gional Development Office
at the above address prior
to the date of the hearing
or you may act Narda
W lsun, Senior ftnner, for
addftWW tion.
Thomas R Jentz
gG
.
mm
VICINM MAP
DENNIS CARVER
REQUEST FOR ANNEXATION INTO KALISPELL AND
INTITIAL ZONING OF I-1, LIGHT INDUSTRIAL
FROM I-1, LIGHT INDUSTRIAL
WILLOW GLEN ZONING DISTRICT
FILE # KA-00-08 SCALE 1" = 200'
M
PLAT DAMO/19/00
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