The URL can be used to link to this page

04. Resolution 4585 - Park Bottling Co. Annexation.e. Flathead Regional Development 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Annexation and Initial Zoning of I-1 - Park Bottling Co. October 2, 2000 BACKGROUND: ROUND: This is a request by Park Bottling Company for initial zoning of I -I, Light Industrial, upon annexation into the City. The property contains 4.00 acres and is located on the south side of Kelly Road and east of Highway 93 approximately 100 feet. The applicant is currently served by City sewer and needs to connect to City water to accommodate the expansion of the existing building. Staff recommended approval of the proposed zoning based upon surrounding zoning and existing I-1, Light Industrial, County zoning of the property. No one spoke at the public hearing regarding this matter. The annexation request and assignment of the appropriate zoning classification went before the Kalispell City - County Planning Board for public hearing at their September 12, 2000 and they are forwarding a recommendation for approval of the proposed zoning. COMMENDATION: A motion to adopt the first reading of the ordinance assigning an I-1 zoning designation upon annexation of this property would be appropriate. FISCAL EFFECTS: Minor positive effects once fully developed. ALTERNATIVES: As suggested by the city council. d ` � Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: September 22, 2000 Attachments: Transmittal letter and Petition to Annex FRDO report KA-00-04 and application materials Draft minutes from 9/ 12/00 planning board meeting H: \FRDO\TRANSMIT\KALISPEL\2000\KA00-4MEMDOC Providing Community Planning Assistance To: ® Flathead County ® City of Columbia Falls a City of Kalispell ® City of Whitefish t RESOLUTION TO PROVIDE f' THE ALTERATION OF THE BOUNDARIESOF CITY OF KALISPELL BY INCLUDING THEREINCERTAII KNOWNREAL PROPERTY, MORE PARTICULARLY DESCRIBED IN -EXHIBIT A-, TO BD PARK BOTTLING)Di _ TO ZONE SAID PROPERTY ACCORDANCE KALISPELL ZONING ORDINANCE, AND TO DECLARE EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Park Bottling Company, the owners of property located on the south side of Kelly Road and east of Highway 93 approximately 100 feet 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 Park Bottling Company's Annexation Request, #KA-00-4, dated September 5, 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 Park Bottling Company Addition No. 297. 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 4585 park bottling.wpd - 1 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 2ND DAY OF OCTOBER, 2000. Wm. E. Boharski Mayor Theresa White City Clerk 4585 park bottling.wpd -2 - M A tract of land in the SE 1/4 NW 1/4 and SW 1/4 NE 1/4 of Section 20, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, described -as follows: Commencing at the center quarter corner of said Section 20, thence N00003103411 E 520.64 feet to a corner on the south boundary of Parcel "C', as shown and described on Certificate of Survey No. 12331, records of Flathead County, said corner being the TRUE POINT OF BEGINNING of the tract of land herein described; thence along the boundaries of said Parcel "C', the following six courses: N0000513311 E 111.06 feet; S89055'09" W 160.58 feet; N64"23IS111 E 145.34 feet thence along a S2503414311 E, a 2702714711, for radial bearing the northwest Certificate of curve to the right, radius of 330.43 feet, an arc length of 158.38 of N0105310411 E; thence corner of Tract I'll' a Survey No. 2935, records 136.07 feet; N2503810911 W to a point of curvature; with a radial bearing of through a central angle of feet to a,point having a S8801011311 E 57.62 feet to s shown and described on of Flathead County; thence along the boundaries of said Tract "ill the following four courses: S8705913811 E 158.39 feet to a point of curvature; thence along a curve to the right, with a radial bearing of S0105413111 W, a radius of 894.38 feet, through a central angle of 0201014111, for an arc length of 34.00 feet to a point having a radial bearing of N0400511211 E; thence S0000310411 E 495.86 feet; N6404714711 W 212.55 feet to the southeast corner of said Parcel "C" on Certificate of Survey No. 12331; thence N65002'27" W 151.33 feet to the point of beginning containing 3.997 acres more or less, being subject to and together with all appurtenant easements of record. Flathead egal Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 September 21, 2000 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Park Bottling Company Annexation and Initial Zoning for I -I, Light Industrial Dear Chris: The Kalispell City -County Planning Board met on September 12, 2000, and held a public hearing to consider a request by Park Bottling Company for initial zoning of I -I, Light Industrial, upon annexation into the City. The property contains 4.00 acres and is located on the south side of Kelly Road and east of Highway 93 approximately 100 feet. The applicant is currently served by City sewer and needs to connect to City water to accommodate the expansion of the existing building. Narda Wilson presented staff report KA-00-4 and recommended that the board forward a recommendation for I -I, Light Industrial, upon annexation. No one spoke at the public hearing regarding this matter. The board discussed the annexation,, and a motion passed unanimously to adopt staff report KA-00-4 as findings of fact and recommend to the Kalispell City Council that the property be zoned I -I, Light Industrial, upon annexation. Exhibit A describes the annexation boundaries. Please schedule this matter for the October 2, 2000 regular City Council meeting. You may contact this board or Narda Wilson if you have any questions regarding this matter. Sincerely Kalispell C#y�Coui.41anning Board ean A. J Providing Community Planning Assistance To: ® Flathead County < City of Columbia Falls ^ City of Kalispell • City of Whitefish Park Bottling Company - Annexation and Initial Zoning September 21, 2000 Page 2 JJ/NW/dw Attachments: Petition to annex and Exhibit A FRDO Report KA-00-4 Draft planning board minutes of 9 / 12 / 00 c w/ Att: Theresa White, Kalispell City Clerk c: Park Bottling Company, 100 Kelly Road, Kalispell, MT 59901 H: \ FRDO \TRANSMIT\ KALISPEL\2000 \ KA00-4. DOC �no��d000udbddu Zoningyu�8 Bottling / September ^ lZ,20O0 Page 3 EXHIBIT A LrARK BOTTLING COMPANY ANNEXATION LEGAL DESCRIPTION noacmpnow- pAncaL "A" ��-- —_—' A tract of land in the SEI/4 NWI/4 and SWI/4 NEI/4 of Section 20. Township 28 North. Range 21 West, P.M.,M., Flathead County. Montana, described as follows: Commencing at the center quarter corner of said Section 20; thence NOO'03*34'E 520.64 feet to a corner on the south boundary of Parr.,el 'C' as shown and described on Certificate of Survey No. 123311. records of Flathead County. said corner being the TRUE POINT OF BEGINNING of the tract of land herein described; thence along the boundaries of said Parcel 'C' the following six courses: NWOS'33-E 111.06 feet: S89'55*09-N t36.O7 feet. N2638'09'W 160-58 feet; N04'23*51'E 145.34 feet to a point of curvature: thence along a curve to the right, with a radial bearing of SZV34*43"E. a radius of 330.43 feet. through a central angle of 2727'47. for an arc.length of 158.38 feet to a point having a radial bearing of NOt'53'04'E. thence SWIO'13'E 57-62 feet to the northwest comer of Tract "I as shown and described on Certificate of Survey No. 2935. records of Flathead County: thence along the boundaries of said Tract 'I" the following four courses: S8759'38-E 158.39 feet to a point of curvature: thence along a curve to the right. with a radial bearing of SOI*54'31"W. a radius at a94.3a feet. through a central angle of OZIO*41'. for an are length of 34.00 feet to a point having a radial bearing of NOW05*12-E: thence SW03'04"E 495.845 feet: N64'47'47'W 212.55 feet to the southeast corner of said Parcel V an Certificate of Survey No. 12331. thence N65'02*27'W 151.33 feet to the point of beginning containing 3.997 acres more or less. being subject to and together with all appurtenant easements of record . it was a big mistake to amend the zoning text -a plat where it wasn't readily available. 15% Rice thought that the person buying the lot wouldn't look at the plat map, which would indicate which lot was designated as duplex, so there wouldn't be any confusion there. He said the possibility for confusion would come in when a developer picked up a piece of R-4 zoning and thought he could put a whole subdivision of duplexes there. Then he would find out he could only put 25%, which would be pointed out along the way by FRDO. He didn't see it as a problem. Johnson asked and Burton answered that it would be hard to designate a certain number of duplex lots because they wouldn't know until they were sold what the owner was building. He agreed with Stevens. Jackola agreed that the zoning regulations were created for a precise purpose and that people read them carefully. He thought it opened an area of contention that was bound to create problems later. Heinecke thought it would cause confusion. Sorenson said that being consistent with the zoning designation was the ideal. He pointed out that it was not uncommon to have private sets of covenants that have different or more restrictive standards. He gave Buffalo Stage as an example where there were different set back requirements. Garberg suggested that, with a strongly split Board, they might consider rewriting and re -proposing the issue so they didn't make a bad decision. He agreed with Stevens, that under the circumstances it could create problems down the road. Johnson commented that there were other vehicles, other than modifying zoning, to accomplish that. He said FRDO and the City Council were not privy, or do not review covenants, but it would be a good place to put it He said they couldn't force the developer to put it there, but it was an opportunity. ROLL CALL On a roll call vote on the amendment, Garberg, Stevens, Hines, (AMENDMENT) Heinecke, Sipe, and Johnson voted no, and Rice voted aye. The motion failed with 1 in favor and 6 opposed. ROLL CALL On a roll call vote the motion to approve the preliminary plat (MAIN MOTION) passed unanimously. PARK BOTTLING A request by Park Bottling Company for annexation into the COMPANY ANNEXATION City of Kalispell and an initial zoning designation of I-1 on approximately 4.00 acres. Kalispell City -County Planning Board September 12, 2000 Meeting Minutes Page 9 of 11 STAFF REPORT Narda Wilson, of the Flathead Regional Development Office gave a presentation and recommended that initial zoning for this property be 1- 1, Light Industrial, upon annexation. Wilson stated the Pepsi building was currently on City sewer and they were requesting annexation to gain access to City water. She said they wanted to come in with I -I zoning to be consistent with current uses and County'zoning. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. OPPONENTS No one wished to speak. IZ 7753,71"017 1 017,1V AOTION Stevens moved and Hines seconded to adopt staff report KA- 00-4 as findings of fact and, based on those findings, forward a recommendation to the Kalispell City Council to approve the zoning for this property as I-1, Light Industrial, upon annexation. fkOLL CALL The motion passed unanimously on a roll call vote. MONTANA A request by the Montana Department of Transportation for DEPARTMENT OF annexation into the City of Kalispell and initial zoning on TRANSPORTATION approximately 12.00 acres along the Highway 93 corridor ANNEXATION between the Kalispell Youth Athletic Complex and West Reserve. STAFF REPORT Narda Wilson gave a presentation and recommended that the property be zoned P- 1, Public, upon annexation into the City of Kalispell. She noted that this would make the Dome site property contiguous to the city. PUBLIC HEARING The public hearing was opened to those who wished to speak to the proposal. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Hines moved and Sipe seconded to adopt staff report #KA-00-5 as findings of fact and, based on those findings, recommend to the Kalispell City Council an initial zoning of P-1, Public, upon annexation into the City of Kalispell. ROLL CALL On a roll call vote the motion passed unanimously. OLD BUSINESS The growth policy was rescheduled for September 25th NEW BUSINESS Wilson asked the Board how they felt about changing application deadlines from 30 days to 45 days prior to planning Kalispell City -County Planning Board September 12, 2000 Meeting Minutes Page 10 of 11 BOTTLINGPARK #. 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 September 12, 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 expand the existing building on this property and connect to City water. Annexation is needed in order to receive the necessary services. A. Petitioner andOwners: Park Bottling Company 100 Kelly Road Kalispell, MT 59901 (406)755-5060 B. Location and Legal Description of Property: The property proposed for annexation is located on the south side of Kelly Road and east of Highway 93 approximately 100 feet. The property contains approximately 4.00 acres and can be described as Assessor's Tract 7-013 located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: This property is currently located in the County zoning jurisdiction and is zoned B-2, General Business, on a small area of the property to the west and I-1, Light Industrial for the remaining property and where the existing warehouse is located and where the proposed expansion will take place. The I-1 zoning district is intended for light industrial uses, which do not have objectionable impacts such as noise, dust, odor or potentially hazards 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 I-1 zoning district is 7,000 square feet. The City 1-1 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 4.00 acres. F. Existing Land Use: Currently this property is occupied by Park Bottling Company (Pepsi), who operates their warehouse and distribution center from the building. The existing warehouse contains approximately 15,000 square feet. An addition to the warehouse is proposed that would include approximately 15,000 square feet of warehouse space and approximately 2,000 square feet of office space. The parking lot and driving areas have been paved. 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 east. There are some undeveloped lots to the north. There are several residential subdivisions in the immediate area. North: Generally undeveloped, some business along the highway and west part of Kelly Road, City B-2 and County I-1 zoning South: Stillwater slough and commercial along the highway, County 13-1 and R-1 zoning East:: Alpine Auction and mini storage, County I-1 zoning West: Office and boat sales and storage, County B-2 H. General Land Use Character: The general land use character of the area is a mix of commercial, light industrial and residential in the area. 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. I. Availability of Public Services: Kelly Road has City water and sewer mains located in the right of way. The existing building is currently connected to City 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. F, 3. N a 0 — - SES: 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 owner and to provide consistency between the City and the County, the proposed I-1 zoning appears to be the logical zoning designation for this property and is in reasonable compliance with the neighborhood plan for the area. OWN W-6043M.'s -mom Rezoning this property may result in additional traffic generated from the property especially once the property owner has expanded the use on the property. This 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. - -•.- -R •S- ' ,. -' •..• .•• • S- RUTS•' 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 adequate 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 owners 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 I-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. 3 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. 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. Value of the buildings in the area will be conserved because the uses allowed under the I-1 are consistent with the uses in the immediate area and with the existing uses on this property. 12. Will the requested zone encourage 12ce most use of--th-eAand throughout the jurisdiction? 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. Eli It is recommended that the Kalispell City -County Planning Board adopt Staff Report #KA-00-4 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning for this property should be I-1, Light Industrial, upon annexation. H: \... \REPORTS\KA\00\KA00-4 lM 5 Flathead Rezional Development Office 723 5th Ave. East Room 414 Kahspell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 PETITION FOR ZONiNG AMENDMENT CITY OF KALISPELL --I / 1 NAME OF APPLICANT: Tk& 4-mr(.mG Go, SI LD -i 2. MAIL ADDRESS: kP,,U ",4 5:21 3. CITY/STATE/ZIP: D-Xk�- i PHONE: N 4. INTEREST IN PROPERTY: 0 a) 5. ZONING MAP AMENDMENT: / ZONING TEXT AMENDMENT: A. What is the pr—op-osd zoning text FA IN IN 311 1 �11 I III I I ' 115111417" Address of the property: Legal Description: (Lot and Block of Subdivision; Tract #) kk - (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: Z D. The proposed zoning of the above property is: 2 U E. State the changed or changing conditions that make the proposed amendment necessary: 1 A. Promoting the Master B. Lessening congestion in the streets and providing safe acce C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities H. Giving reasonable consideration to the character of the district ON I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value-ofbiiildings K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during approval process. (Applicant) (6ate) 3 A. Pre -Application Meeting: A discussion with the Planning Director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. B. Completed application form. C. Application fee per schedule, made payable to the Flathead Regional Development Office. Fee Schedule Zone Change: 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 accepted as complete by the FRDO staff thirty (30) days Rri2r 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: 1. Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 2. A map showing the location and boundaries of the property.' 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title report of the subject property. As approved by the CAB on 4/5/00 Effective 6/1/00 S IjOTICE ,O, PUBLIC . KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Zoning Text Amendment t,• AllowExpansion of • 1 • n• F r ,r Uses Stratford Village Subdivision Annexation and Initial Zoning of R-4 and RA-1 Stratford Village Subdivision Preliminary Plat - A 102 Lot Residential Subdivision Park Bottling Co Annexation and Initial Zoning of Montana Dept of Transportation Annexation of Hwy 93 to W. Reserve Dr. The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, September 12, 2000 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings 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: 1. A request by Louise E. Swanberg for amendments to the Kalispell Zoning Ordinance, Chapter 27.25, Nonconforming Lots, Uses and Structures. As proposed, non -conforming uses and / or structures may be allowed to be expanded subject to a obtaining a non- conforming use expansion permit. Expansions of a non -conforming use of 25 percent or less would be subject to a nonconforming use expansion permit issued as an administrative condition use permit. Expansions of a non -conforming use more than 25 percent but less than 50 percent would be subject to a nonconforming use expansion permit following the procedures established for a conditional use permit. This amendment would potentially affect all areas within the city of Kalispell where non- conforming uses exist. 2. A request by Apex 1 LLC and Reggie Lyman Lindsay for annexation into the City of Kalispell and an initial zoning designation of R-4, Two Family Residential, and RA-1, Low Density Residential Apartment, on approximately 30.66 acres. The property proposed for annexation lies south of Lone Pine View Estates, west of South Meadows and Ashley Park subdivisions and east of the Burlington Northern Railroad right-of-way. The property is currently in the County zoning jurisdiction and is zoned SAG-10, Suburban Agricultural. The purpose of the annexation and zoning is for a 102-lot residential subdivision known as Stratford Village Subdivision that has been filed concurrently with the annexation request. The property proposed for annexation can be described as Assessor's Tracts 6L, 6LA and 12BA located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Jackola Engineering on behalf of Apex 1 LLC for preliminary plat approval of a 102-lot residential subdivision known as Stratford Village Subdivision. The subdivision contains approximately 30.66 acres with 1018.7 acres in lots, 8.9 acres in roads and 3.1 acres in common area. Most of the lots within the subdivision are between 6,000 and 8,000 square feet with one lot containing approximately 3.57 acres that would be used for low -density apartments. New public roadways will be extended to serve the subdivision. A request for annexation into the City of Kalispell has been filed concurrently with the subdivision with a request for R-4 zoning, Two Family Residential, and RA-1, Low Density Residential Apartment, upon annexation. The property proposed for subdivision is located south of Lone Pine View Estates, west of South Meadows and Ashley Park subdivisions and east of the Burlington Northern Railroad right-of-way in the southwest part of Kalispell. The property can be described as Assessor's Tracts 6L, 6LA and 12BA located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Park Bottling Co. for annexation into the City of Kalispell and an initial zoning designation of I-1, Light Industrial, on approximately 4.00 acres. The property proposed for annexation lies on the south side of Kelly Road and east of Highway 93 approximately 1,000 feet. The property is currently in the County zoning jurisdiction and is zoned I-1, Light Industrial and B-2, General Business. The purpose of the annexation and zoning is so that the property owner can obtain City water to service additional hydrants needed for a proposed expansion to the existing warehouse building. The property is located at 100 Kelly Road and can be described s Assessor's Tract 7-OB located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 5. A request by Montana Department of Transportation for annexation into the City of Kalispell and initial zoning on approximately 12.00 acres. The property proposed for annexation is the Highway 93 corridor that lies between the Kalispell Youth Athletic Complex on the south and West Reserve Drive on the north. The property is currently in the County zoning jurisdiction and is zoned in accordance with the zoning that the highway adjoins. The purpose of the annexation is so that the property in the city limits along the Highway 93 corridor will be contiguous to the city limits of Kalispell. The property can be described as Tract 1 on Certificate of Survey No. 7860 located in Section 36, Township 29 North, Range 22 West, and Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. Thomas R. Jentz Planning Director 30 38 13 8A 8 t 8JA $tA / 14 j M 15 3127 __ 8G 16 26 40 - 1 r S 18 \\ 2s ' 141 [618-0 7 \ 24 50 f 49{ 48f1 47 1 46 j 45 ' 44 43 42 80 r t i � 8CA 2� v i£ / 8CRA QrRAA i i 2 19 0 21 2 51 52 53 54 55 56 f 7 58 � 101 A 2AAJ i t j ( 59 f 60 170K r I jWEA— V 1 2AAK I 2AA 70A f7GAA? 70F 70E! 3 ' 3 - — 3 i ® , 2AAF t = 7" -- 70GE `8 1 2 I' i� - = 'j 125 ......................_::::::::-:::::::::..........:.....-...... i 10 lc �y r .Pr + 1 2A 175 1174 — 2AAB 2 12 ` 176i173 - €' 7 178i171 _ o 5 % 169 6 59 ! 7 ;% ; '•1 ZPCP 7ED 8 : 9 /15$157-156y 2pG 7EDA _ 7 -- 23 22 2 D �/ 7A ��( - 2 21 1 7A i 20 f 19 2E 3 lE t F I 4 2 _., .. _t ; i 6 r 2G 7A A '7AA F \ 2B �5 7I VIC"INITYMAP PARK BOTTLING COMPANY REQUEST FOR ANNEXATION AND INITIAL ZONING OF I-1, LIGHT INDUSTRIAL FROM I-1, LIGHT INDUSTRIAL WILLOW GLEN ZONING DISTRICT PLOT DATE:8/21/00 FILE #KA-00-04 SCALE 1 = 350 H:\gis\site\KAOO-4.dwg No. 3873 NOTICE OF Pqz C HEARING' ' KALISP.ELL '-V COUNTY '-.PLANNING BOARD AND ZONING COMMISSION Zoning Text Amend- ment to Allow Expansion of Non -Conforming Uses Stratford Village Subdi- vision Annexation and Ini- tial Zoning of R4 and RA- 1 •r Stratford Village Subdi- vision Preliminary Plat - A 102 Lot ResideplialSubdi- vision Park Bottling CAnnex- ation and initial Zoning of 1-1 Montana Dept of Trans- portation Annexation of Hwy 93 to W. Reserve Dr. The regular meeting of the Kalispell City -Canty Planning Board and Zon- ing Commissfosi-la sched- uled for Tuesday;' - ber 12, 2000 Dt3gI n _ at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Halt, 312 First Avenue East, Kalis- pell, During the regularly scheduled -meeting of the. planning board, the board will hoid;06bihc hearings and take`iAJWSmments on the `followjng agenda Items. The;board will make a' recommendation to the Kalispet City Con- ch who will take fnal ac- don: 1 A request by Louise E. Swanberg for amend- ments to the Kai,Zon- ing Ordinance, fvhapter 27.25, Nonconforming Lots, Uses and Structures. As proposed, noncon- forming uses and / or structures may be allowed to be expanded subject to a obtaining a non_ rm- ing use expansion permit. Expansions of a noncon- forming use of 25 percent or less would be subject to a nonconformin'9'use ex- pansion permit, issued as an administrative condition use permit'' Expansions of a non -conforming "use more than 25 percent but less than 50 percent would be subject to a noncon- forming use expansion permit following the proce- dures established for a conditional use permit. This amendment would potentially affect all areas within the city of Kalispell where non -conforming uses exist. 2. A request by Apex 1 LLC and Reggie Lyman Lindsay for annexation into the City of Kalispell and an initial zoning designation of R-4, Two Family Resi- dential, and- RA-1, Low Density Residential Apart- ment, on approximately 30.66 acres. The property proposed for annexation lies south of Lone Pine View Estates, west of South Meadows and Ash- ley Park subdivisions and east of the Burlington Northern Railroad right-of- way. The property is cur- rentty in the County zoning jurisdiction and is zoned SAG-10, Suburban Agri- cultural. The purpose of the annexation and zoning is for a 102-lot residential subdivision known as Strafford Village Subdivi- sion that has been filed concurrently with the an- nexation request. The property proposed for an- nexation can be described as Assessor's Tracts 6L, 6LA and 12BA located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. - . -_ 3. A request by Jackola Engineering on• behalf of Apex 1 LLC for preliminary plat approval of a 102-lot residential subdivision knom as' Strtford Village Subdivision.''The subdivi- sion contains approximate- ly 30'66 &r'ei',Wb 1018.7 acres in lots, 8.9 acres in roads 944. 3J, acres in common area. ,Most of the lots withih-11141 are between"6,000 and 8,000 square feet with one lot containing dpproxi- matel _3.57..acres that would be' used for -low - density apithrients. New puttiic . . .be ex tehldestsubdi- vis`l''rejirest for'sit- lii��: `� nexation Infothe City of Kalispell has been filed concurrently with the sub- division WM a request for R-4 zoning; Two Family Residential,"9nd RA-1, Low Density Residential Apartment, upon annexa- tion. The property pro- posed for subdivision is lo- cated south of Lone Pine View Estates, west of South Meadows and Ash- ley Park subdivisions and east of the Burlington Northern Railroad right-of- way in the southwest part of Kalispell. The property can be described as As- sessor's Tracts 6L, 6LA and 12BA located in Sec- tion 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Park Bottling Co. for annexation into the Cifij of Kalispell and an ii itia(zgning desig- nation of 1-1, light industh- al, on approximatety'4.00 acres. The property. pro- posed for annexation lies on the south side of Kelly Road and east of Highway 93 approximately 1,000 feet. The property is cur- rently in the County zoning jurisdiction and is zoned I- 1, Light Industrial and B-2, General Business. The purpose of the annexation and zones is so that the property owner can obtain City water to service addi- tional hydr&ft needed for a proposed expansion to the existing warehouse building. The property is located at 100 Kelly Road and can be described s Assessor's Tract 7-OB lo- cated in Section 20, Town- ship 28 North, Range 21 West, P.M.M., Flathead County, Montana. 5. A request by Monta- na Department of Trans- portation for annexation in- to the City of Kalispell and initial zoning on approxi- mately 12.00 acres. The property proposed for an- nexation is the Highway 93 corridor that Des between the Kalispell Youth Athletic Complex on the south and West Reserve Drive on the north. The property is cur- rently in the County zoning jurisdiction and is zoned in rdance with the zon- fog that the highway ad - Joins. The purpose of the annexation is so that the j property in the city limits along the Highway 93 cor- ridor will be contiguous to the city/ limits of Kalispell. The property can be de- scribed as Tract 1 on Car- . tifrcate of Surrey No. 7860 located in Section 36, Township 29 north, Range 22 West, and Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 1.... Documents g to these agenda are on file for public inspection in the Regional De- velopment Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for putt 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 contact Narda Wilson, Senior Planner, for additional information. Thomas R. Jentz Planning Director August 27, 2000 PETITION O. BEFORE THE CITY COUNCIL t OF THE CITY OF KALISPELL JUN 2 3 200D PETITION FOR ANNEXATION TO CITY 9,LATHQAV 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 50LITIl //A! 1 sp,2 // Rural Fire District. 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 ZO day of LEGAL DESCRIPTION OF PROPERTY TeBE ANNEXED: PROPERTY ADDRESS: OWNER OWNER 11T, AND THIS AGREEMENT, made and entered into this A /11Z'. day of 2000, by and between Phaic 1f2&771-/"& cc,,npA-,,V hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR CONTRACT SELLER(S) I and the CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the So, -In /14 L)yz /( Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. THE PART(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS EREOF, we have hereunto set our hands and affixed our seals this .7Z 0 -day of V - T P INTERES 0�) - City Manager ATTEST: Finance Director' 87,717. OF MONTANA C, w,!rurnorit to which this certificate Is ccrpy of the original on file in of Oil ' I KL11"'Poll J M0144i (ay 4 QuUjity, by STATE OF MONTANA ) ss County of Flathead ) On this day of 2000, 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 Notarial Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires STATE OF MONTANA ) ss County of Flathead ) On this 2 o to day of 71- ry t , 2000, before me, the undersigned, a Notary Public for the State of Montana personally appeared POW4-'n P. and the PAf5iyj -T and , respectively, of PA n r. gc� Tfc i Al c 66,M L112L i/ , the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in thi Fe first above written. Hy C, NOTARY`®�`t EA L ti of M STATE OF MONTANA ) : ss County of Flathead ) Notary Public, State of Montana Residing at gv 1T"t nn T My Commission expires s,z�zZ Orr this - day of LO - , 2000, before me, a Notary Public in and for the State of Montana, perso ally appeared CHRIS A. KUKULSKI and AMY H. ROBERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein 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. Notary Public, State of Montana Residing at e,GC,, %+.a� My Commission expires _ a 1 %1a..00a-- DESCRIPTION• PARCEL -A" A tract of land in the S91/4 NMI/4 and SWt/4 NE114 of Section 20. Township 28 North. Range 21 West. P.U..M.. Flathead County. Montana. described as follows: Commencing at the center quarter corner a! said Section 20; thence N00'03'34"E 52044 feet to a corner on the south boundary of Parcel "C- as shown and described on Certificate of Survey No. t2331. records of Flathead County. said corner being the TRUE POINT OF BEGINNING of the tract of land herein described; thence along the boundaries of said Parcel -C" the following six courses-. NOO`05*33"E 111.06 feet; 389'55*09-W 136.07 feet: N2638*09'W 160.58 feet: N64'23*51"E 145-34 feet to a point of curvature. thence along a curve to the right. with a radial bearing of S25'34'43-E, a radius of 330.43 feet. through a central angle of 2727*47'. for an are length of 158.38 feet to a point having a radial bearing of N0I*53'04'E: thence SWI0*13"C 57.62 feet to the northwest comer of Tract -I- as shown and described on Certificate of Survey No. 2935. records of Flathead County; thence along the boundaries of said Tract 'I" the following four courses: S8759'38-E 158-39 feet to a point of curvature; thence along a curve to the right, with a radial bearing of SOt*54'31'W, a radius of 894.38 feet. through a central angle of OZIO*41*. for an are length of 34.00 feet to ant having a radial bearing of NOW05'12-E; thence SW03'04"E 495.86 feet; N64'47*47-W 212.55 feet to the southeast corner of said point "C* on Certificate of Survey No. 12331: thence N65!02'27"W 151-33 feet to the point of beginning containing 3.997 acres more or less. being subject to and together with all appurtenant easements of record .