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1. Resolution 4552 - Annexation Request from Gwenn Lee (Lee's Meridian Business Park)Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: SUBJECT: MEETING DATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Lee's Meridian Business Park - Annexation, Zoning and Plat West Center Street Extension to the Alternate 93 (Bypass) May 15, 2000 BACKGROUND: At the last regular meeting on May 1, 2000, the city council considered the annexation, request for initial zoning of B-2 and preliminary plat approval of a seven lot commercial subdivision for the above referenced property. There are approximately 3.548 acres in the property which is located on the west side of Meridian Road at the western terminus of Center Street. A new four-way intersection at the corner of Meridian Road and West Center Street is proposed and a new street will be extended into the property to serve the lots in the subdivision. A question arose at the last meeting regarding the extension of West Center Street through this property to the Kalispell Bypass to the west. In researching this, the 1993 Carter Burgess Transportation Plan that is part of the Kalispell City -County Master Plan identifies the extension of West Center Street to the Highway 93 Alternate (Bypass). However, the final design of the highway does not use a West Center Street extension, but rather has an exit at the highway's crossing with Highway 2 West / Appleway Drive. This transportation corridor is a limited access route with a limited number of exits. Attached to this memo is a copy of a map taken from the final design plans that indicates the location of the proposed Bypass and its exits. You will note an exit at the Highway 2 / Appleway Drive exist and one to the north to Corporate Way. To further verify this information, Public Works Director spoke with local MDOT official, Larry Brazda who confirmed the final design did not include a Center Street exit. He noted that if the City wanted to extend the roadway in the future, there may be a provision for that made. However, at this time the proposed exits in the area are adequate. RECOMMENDATION: Three motions to address this matter would be in order as follows: A motion to adopt the resolution annexing the property, a motion to adopt the ordinance for zoning on first reading and a motion to approve the resolution approving the preliminary plat subject to conditions. FISCAL EFFECTS: Minor positive effects once fully developed. ALTERNATIVES: As suggested by the city council. &� C"- AJ� Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO. 4552 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE KNOWN AS LEE'S MERIDIAN BUSINESS PARK ADDITION NO. 294; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Gwenn Lee, the owner of property located on the west side of Meridian Road and south of its intersection with Appleway Drive 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 Gwenn Lee 's Annexation Request, #KA-00-2, dated April 4, 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 Lee's Meridian Business Park Addition No. 294. 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. lee meridian.wpd - 1 - From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 15TH DAY OF MAY, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk lee meridian.wpd - 2 - EXIMIT A LEGAL DESCIRPTION Gwenn Lee / Lee's Meridian Business Park - Annexation and Initial Zoning DESCRIPTION: A TRACT OF LAND, SITUATED, LYING, AND BEING IN NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.N.,H., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northeast corner of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.N., M., Flathead County, Montana; Thence along the east boundary of said.NE1/4 S01*09'46`"W 158.72 feet; Thence N8850'14"W 50.00 feet to the westerly R/W of Meridian Road, which is THE TROT: POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W S01'09'46"W 329.09 feet; Thence leaving said R/W N89035141"W 720.67 feet the southerly R/W of Burlington Northern Railroad, which point is on a 713.94 foot radius curve, concave southeasterly (radial bearing S50'2410511E); Thence northeasterly along said R/W and along said curve through a central angle of 36 33'16" an arc length of 455.49 feet; Thence N7609111"E 358.51 feet to the point of beginning and containing 3.548 ACRES; Subject to and together with all appurtenant easements of record. ALTERNATE U S HIGHWAY 93 � 2� eH 2EK C) ti 60 5HH 5H yy' % SCOCM xow Z£K — — n• � CL %W � 2 5 �J 2 SCC 5G x� �E ---- r (/yJ2V J 21 12M SIC U. � �i� , � 12H 110 11EC IICB IiE Q \ 1J• i1SHER ,_p AMB. PCAi ' AIRPORT RD DCI SUBDIV SII3N EI CIS•CR SUB \ y ASMt_E B S ' C� M 5c• HUS3NE5S qP � �r4 �� 5• �ISfPZ —KM )t� P H R K B AL'TERNA E US 3 p IN PROD - T x Alternate U S Highway 93 & Exits (Kalispell Bypass) - - - - - - - Kalispell City Limits Boundary MC:T ADAER The location of the proposed Alternate U S Highway 93, was mapped from Montana Department of Transportation Right of Way Plan. This drawing is a reasonable representation of, but is NOT a survey accurate depiction of the location of the proposed Highway 93 Bypass. MAP SHEET NO. 1 OF 5 Plot Dates 5/8/00 GIS\GIS\KAIJSPEL\93aira.dwg SCALE 1 inch = 750 feet ALTERNATE U S HIGHWAY 93 FOYS LAKE & SUNNYSIDE DRIVE EXITS 1 6 17 1 9 12 8 4TH ST W 27 stx o" Y i 9 7AB 7AB+ 7413AC AB l i 17AC sWp S £a✓ 7ABA __ q s sm __.._ 'nBnA �9 27L Stt � 1 11� r v z 7 A lA ID 2 5D1 � 7A8B lABBA xv � 1 b lAi IAH _JAG IA+ AI DI'DN s w n 1 ° z FIAF I G F 4 � 9 7 H ST W 658A2 T21� 2� �c.� RA 98 ^ U sua IF+ F+W - t$i WA B /, IAC 4B 4 3 ND 2 a tt !!�� 4A 1 IDA 1D+ / 4AA FOYS f RD fc ITS ,L � 1 IAC 3GG 4AAB 2 ' — Li l7 U W LJ Q 1]B 3FD u r r M ru 3FA 36E+ 3DB ID r�i ] IE 11DC PARK 3FCD LOT 4 Lj 3GB itA 11C 3FED 3FEB 3D a 3 w 36D—r IO t 122 4A -' 3FE+ �3GE+ 3 3FEC ___ 3DE 4- 3J P Q �R. 3FEA 3DD \ A g v— R _- 3H 3FEE 3EA -- ��\� 7 FEE 3HA 33G 3E 3DC 5 3HAA i — — A"D 7A 3F 3FE+ 3A SUNNYSt DE DR - 4 Utz YS D)E SA r �X� � ,D OD sq ` PP IOA C II \9ss t0E I, It 1BB IB 3 6+ 1 1113 r 1IA FL \ I > \ Alternate U S Highway 93 & Exits (Kalispell Bypass) N •• Kalispell City Limits Boundary MC ADwER The !option of the proposed Alternate U S Highway 93, was mapped Diem Montana Department of Transportation Right of Way Plan. This drawing is a reasonable representation of, but is NOT a Survey accurate depiction of the location of the peepwed Highway 93 Ayp m MAP SHEET NO.2 OF 5 SCALE i inch = 4M feet ALTERNATE U S HIG"HWAY 93 U S HIGHWAY 2 EXIT 6FC �' y$%` ADD. Y42 6Ft 6➢HA 6DI• ADD 041 P /(y FP aq1 6An 60nB 6atK. - — 7P QIBSO (" � \\ `� 6F A8 \ 6W59 ` 6i ' \J 'S' iP UM 'D]A __ 6J 6H 6 J A 45 a IB PE 1C bfP r 1 / IB J IPP c c / ss 5A -56 —__ US. HVY 2 V I3 -- - I6C 1 �V S 14 /ice 16 � 3DB 2 i 13 13C 1311 v 16111U SC 5. 6 IIA 5CF M _12 3 o� tIH G unA 4 t ._.--- 2ND S7 V IIIA 2 1 9 > 3 t 4 3 5 � . 8 5 4TH S V 7 0765 t 7A8 ]AB. AB 7AUAAD C 7 I ]AC JA 7PBB 7pBBA fAl IaN JAG Ip+ PF IA .Ic � cP IF IDA D. PP FOPS - {�—R© DClJ 1 IAD _ ! IAC 310 31R _—_ — l 2 3B1 6R '31 31F I Sf.UNiER'� 3FD 3FA 3G£+ 306 36[7A 3Bu 3Bv —_ _.___—_� ACRCS 3FCD PARK � J 3FCB 35PA �i✓ 3 3FED 3bK 3BJ 3GD 3808 31f1 1A]fEC 3GE.38G t 36E 3BJA 3�}� 3GA L.A \\\ V(LSNI _'IGH 36H BC 3BB 31C 3FEE 3FEA -� 3DD � H I,3H 3FEF 3G 3E 3Ea 3DC 3CC _ --__— 3tw \ 3L£ 3�U 3C9 3CA 4 3HAA ` i'—__ 3F —_ — —_-_— ( 3fE• 3A � Alternate U S Highway 93 & Exits (Kalispell Bypass) N - - - - - - - Kalispell City Limits Boundary DLCA2AUM The location of the proposed Ahc nam U S Hithway 93, m mapped Gam Mwtaoa Deputmeat of Tnosp-- R%bt *May Pl— This dnwmg is a te"oo" mptomhtion of, but is NOT a surny sonv= depiction of the batim of the proposed HW wa7 93 Bea MAP SHEET NO.3 OF 5 SCALE 1 inch = 600 feet ALTERNATE U S HIGHWAY 93 TWO MILE &THREE MILE DRIVE EXITS fit, ® ■�i 2N 2J 2JB 2JA " 2L 2.K 2JBA 2JAA 2AEA 2AD 2E 2AE 2 2D zLc __. _. 2AD r 2LB � G r J�^ 5CB 2M Y `" 5C[A .2 5rr 2MD P scc r ---T ] GATEWAY — � WEST ADD . 134 GAT WEST PNo QPat� fi AD 34 P a JOSS tl t _ JC+ 2" 00- ' 1 La i or i MALL Q 'ORT1 or GATEW Y VE yy O 7AD r7P RESUP I 1 2 / w 1z• GIB @! •e] • „ /� o . . IT" 11 ,n 1 /� / ADD t"1 __Y __ < ww2 ADD wtl wc1� qp"I(y tiV QpO 9 'n 1_ GIBSOP N: T-2 IA 1B ] 7AA zwnl i5 Iw�- Alternate U S Highway 93 & Exits (Kalispel Bypass) - - - - - - - Kalispell City Limits Boundary D3CIARvffiR The location of the proposed Alternate U S Highway 93, was mapped from Montana Department of Txanspottation Right ofWay Plan, This drawing is a reamnable representation of, but is NOT a survey arcuate depiction of the location of the proposed Mew" 93 By"m MAP SHEET NO.4 OF 5 i SCALE 1 inch = 600 feet ALTERNATE U S HIGHWAY 93 WEST RESERVE EXIT VALI-E Cs ATIS J, 36-2922 END PROJECT A, T A -T- -E WEST RESERVE DR N A Lot zxe $A LBAA N Alternate U S Highway 93 & Exits N (Kalispell Bypass) + Kalispell City Limits Boundary DUCLAMER Ile loati m of the proposed Ahanue U S fijem" n w mapped firm Mmtmt Dquwmw of TmoNnium Risk of Way Pkm Thit draviAg is a teasomble repraeftudm of, but is NOT a vinty accurate depKbm of the 6cswc of the propowd W%hm;y 93 Bypa M" SHEET NO. 5 OF 5 SCALE 1 inch = 600 feet ALTERNATE U S HIGHWAY 93 AIRPORT ROAD EXIT 2£ 2A 6B I 5H8 SB 2 Wr 3 xDJ4 4 SCDJ �y. 6D SFiA GAF — AD A 2EAC 2F 2FA xDrA xDN xnll xnnA xoD SCDC 2FB 6+ � "��+ SFt xP xa' 501 xDaA 2D SJ 2 � 6+ S 5CA xa 501 5CE 5CDA SCCA 4 4, 3 SGC SG xCD xOL xDEA I1E 21A V15CDK l IC 9-28-21 12BA IIEG 11D 11EC � 1 yP 19 13+ + 12B TIED Sic 2 1� 12M OR jig It, tLL 1p Iv t¢ IEN � IU7 W I t2C 3 E �Uj IlN 11V 11T a 2+ 2+ IA 5 FISHER 4_9 AMD, PLAT 5A A1RPOPT RD IXl 1 x+ ASHLEv SUBDIV SIGN Ll FISHER SUB a a IAC IAS — SD C' 4 S� IM IB yp c,Q 'e S w Ida BUSINESS 4M 9+ 9+ A SG. 5G+ 3 �G f yCT�ti 2 SA 7A OF, 7CAA �y I1 7CA A+ + 3 F. R K 1+ 3 5 7D l AL TERNA E US •-GIN PROJE T 58 7+ 7+ / \I 3D+ 3F B 3A � Alternate U S Highway 93 & Exits (Kalispell Bypass) N - - - - - - - Kalispell City Limits Boundary DISCLAIMER - The location of the proposed Alternate U S Highway 93, was mapped from Montana Department of Transportation Right of Way Plan. This drawing is a reasonable representation of , but is NOT a survey accurate depiction of the location of the proposed Highway 93 Bypass. MAP SHEET NO. 1 OF 5 Plot Date: 5/8/00 GIS\GIS\KALISPEL\93airx.dwg SCALE 1 inch = 750 feet ALTERNATE U S HIGHWAY 93 FOYS LAKE & SUNNYSIDE DRIVE EXITS 1 6 17 18 9 0 1 22 4 7 8 5iK 4 9 4TH ST W 1A g 293 9` 765 4 2 5 vC 7AB � 1 7AB+ 7ABAC 7AD AB 7A ��sp SDVP lig S 7ABA 7AC ABAA SpVD 2 34 5D1 S1 N TV P � 2 i 7A Z 7ABB 7AB BA �' IA IB 2 SDi 4 9 —+ t S BET t i t"' 5 6 lAI IAH I IAG IA+ U DN 9 Io v t lAF 2 r 6 12 2 1 A+ P 2 2 11 3 tiF y �Qu �5 10 4 G7TH ST W 3 3 4 a 5 �+ 1C 654A ;65432t a Y5 a8p 1A e6� 6 ^ 2 3:t �N PD �yi �Q4P � 8B 1+ � SUB 1F + F+ B / NW A 12 / lAE 4!74 3 ND 2 1DA FOYS 2 l� lD U Pq W Q 3FD 3FA () M M M M M (y) PARK: 3FCD � J 3FEB 3 \S/3FEC Q 4A J 3FE+ 3 3" 3FEE 3HA 3HAA 3F 3FE+ 6+ 1 H 1 1D + EX 01 1 IAC 3GE+ 3FEA 3FE, 3G 3 Flo 3DB Mom* ® Eli` 1BB 1B Alternate U S Highway 93 & Exits (Kalispell Bypass) •• Kalispell City Limits Boundary DISCI1lIIuIER The location of the proposed Alternate U S Highway 93, was mapped from Montana Department of Transportation Right of Way Plan. This drawing is a reasonable representation of , but is NOT a survey accurate depiction of the location of the proposed Highway 93 Bypass. MAP SHEET NO.2 OF 5 IAB 11A 4A 4AA 4AAB )T 11B 1D IIE 11DC LOT 4 11C 11 12 8 7 S AMD 7A Q o- MIM 11 y�, l0A l0E P 11A SCALE 1 inch = 400 feet ALTERNATE U S HIGHWAY 93 U S HIGHWAY 2 EXIT Alternate U S Highway 93 &Exits (Kalispell Bypass) - - - - Kalispell City Limits Boundary MCLAII M The bation of the proposed Abe nape U S Highv►ty 93, was mapped from Montana Department of Transpormdoa Right of Way PIM This drawing is a rasomble repraeotation of, but is NOT a survey Somme won of the k ation of the proposed Highway 93 Bypass. MAP SHEET NO.3 OF 5 i SCALE 1 inch = 600 feet ALTERNATE U S HIGHWAY 93 TWO MILE & THREE MILE DRIVE EXITS 11,[wr1'EE MILE DR. -EXIT •1 3AD I 3A 1 3 1 3CA 3D M 6A 4CB 4B 1 I 4 1 4C I 4A 5A L/ DitIVE ,� 1 SAD SAB D SAE 1 2 $ 3 1 <9ti SAGA 2 5AF 2 Il' 3 ' 4 at s SAL 4 « 6 13L. ON 7 LI 1STADD 6 ADD « 16PLAZA t32 1I VALLEY VIEW L APARTMENTS a � iz - 2K it2J 2JB 2JA 2L 2M SD e 2JC 2JBA 2JAA 2MA 2AEA 2AD 2E 2AE 2 I 2LC 2MD 2AC LB 2EA 2A 1+B i i� BB .-� ... : % ... 1" 21 1 20 iV DRIVE — -- - �ru pus uuvc -._. TR K 6GA AMD PLAT I AND PLAT GATEWAY 6C 6EB = �� OF{y 7HE 2 °F LAOF WEST ADD 2CA VESTERLY THE AND KALISPELL R p➢➢ «34WE GAiI TVAY PER #3aVVE 6CDBBA 6EA 6EC x1CDBB o 76BD Q 2CJ AND PLAT L2 OF THE WEST 6CD AMDPLATarlPQ AD ',i$ V'lY P6tTI6CDBA x s It GATEWA 6ED 6EE x DD «34 , t a ��1P HUSKY STREET c R it a 2CK 9�, AMD LAT OF T MALL T N r-A D \ n nH PORTI N OF P 6EF A 2CE 6CA 6CD ° 3 x 2CH' GATEW Y WE 6E \ \ x 2CC 29 PAR A \ PARK xR 2CCA 2 LP�BVLK 1 6D 6A \ ID 1I 7D Hy IFA AND PLAT 7AD RESUB .! & 3 /__ 6DW DJ 6AC GIDSON �� DWALDS 6K GIB ON SALLEE+ ADD «41 o� DD. «52 STANLEY 6AB a~ 6FC o T-t A 4 / 2q ADD, u42 tFB 6DHA 6DI• 1 P w ADD q41 6AA QP`l-%�` I 1 6DHB 6AAL 7A GIBSO C� P9�2 6F 6DFC 6D1 3 6DHBB 6AAN 6FAB 6MI6AAJ 6L 7 T"2 ,S ➢Fa 6DC 4- to tC 6p1BA £ 6J 6H 6 A A 45 1B lE UAA 6FB bixiBAA 6AAF 6 / B L.163 7 A iI 6FA 6AAH ADD.«4 IAA K enFA / t2 13 CIW 5A -5B U.S. HWY 2 W 13FF 16C re A .wB, .riB, swr• ¢ _ 15 4 1-4 Alternate LJ S Highway 93 &Exits N (Kalispell Bypass) J0, - - - - - - - Kalispell City Limits Boundary IT DISCLAIMER The location of the proposed Alternate U S Highway 93, was mapped from Montana Department of Transportation Right of Way Ilan. This drawing is a reasonable representation of, but is NOT a survey accurate depiction of the location of the proposed Highway 93 Bypass. " SHEET NO.4 OF 5 SCALE 1 inch = 600 feet ALTERNATE U S HIGHWAY 93 WEST RESERVE MT 2 47 A l3 12 R 10 1 91 91 71 6 1 S 41 3 2 I 1HD VALLEY 1 46 45 14 l5 16 I7 IB 19 20 2t � 24 25 26 ES' A T E S ^2 5 Aeenu� DRNE 44 131, AND PLAT 42 41 40 39 30 1 37 36 35 34 33 32 31 30 29 20 27 -*t_ tfi 4D 36 END PROJECT �y -29-22 / / / / S T A'-T- / �P WEST RESERVE DR IT / 1-0111�0 rzj mass mass 0 �I N T N A / / I I ,41,1 aa� JDAR Lot 2 M ��+BD 2XB , 1 A IBAA 4 1 41) N � I PARKM+AY DR 9 v 1 cc 1817 6 5 4 1312 11 � _1 A Alternate U S Highway 93 & Exits N (Kalispell Bypass) - - - - - - - Kalispell City Limits Boundary DISCLAIMBR The locatim of the proposed Aleeernate U S Highway 93, was mapped from Montana Department of Tmuspomtion Right of Way Plan, This drawing is a reasonable representation of , but is NOT a survey aocurate depiction of the location of the proposed highway 93 Bypass. MAP SHEET NO.5 OF 5 SCALE 1 inch = 600 feet Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Initial Zoning Upon Annexation of B-2 - Gwenn Lee Property (Lee's Meridian Business Park) MEETING DATE: May 1, 2000 BACKGROUND: This is a request for annexation into the city and for initial zoning of B-2, General Business, on approximately 3.56 acres of property located on the west side of Meridian Road at the terminus of West Center Street. Currently this property is in the county and is zoned R-1, a residential zoning district. A preliminary plat for a�'r Wlot commercial subdivision has been filed concurrently with the annexation request. Although the master plan designates this property as Urban Residential on the Kalispell Master Plan Map, the commercial designation appears to be a reasonable and logical extension of the existing commercial area. The annexation request and assignment of the appropriate zoning classification went before the Kalispell City -County Planning Board for public hearing at their April 11, 2000 regular meeting. The board has unanimously recommended the B-2 zoning designation upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance assigning a B-2, General Business, 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. Narda A. Wilson C ms A. Kukulski Senior Planner City Manager Report compiled: April 20, 2000 Attachments: Transmittal letter` Staff report KA-00-02 and application materials Draft minutes from 4/ 11 / 00 planning board meeting Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO. 4552 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE KNOWN AS LEE' S MERIDIAN BUSINESS PARK ADDITION NO. 294; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Gwenn Lee, the owner of property located on the west side of Meridian Road and south of its intersection with Appleway Drive 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 Gwenn Lee's Annexation Request, #KA-00-2, dated April 4, 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 Lee's Meridian Business Park Addition No. 294. 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 lee meridian.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 1ST DAY OF MAY, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk lee meridian.wpd - 2 EXHIBIT A LEGAL DESCRRPTION Gwenn Lee / Lee's Meridian Business Park - Annexation and Initial Zoning DESCRIPTION: A TRACT OF LAND, SITUATED, LYING, AND BEING IN NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.K.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northeast corner of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.H., M., Flathead County, Montana; Thence along the east boundary of said.NE1/4 501*09146`"W 158.72 feet; Thence N88050114"W 50.00 feet to the westerly R/W of Meridian Road, which is THE TRUE POINT OF BEGINNING OF THE TRAM OF LAND HEREIN DESCRIBED: Thence along said R/W S01*09146"W 329.09 feet; Thence leaving said R/W N89*35141"W 720.67 feet the southerly R/W of Burlington Northern Railroad, which point is on a 713.94 foot radius curve, concave southeasterly (radial bearing S50*2410511E); Thence northeasterly along said R/W and along said curve through a central angle of 36*33116" an arc length of 455.49 feet; Thence N76009111"E 358.51 feet to the point of beginning and containing 3.548 ACRES; Subject to and together with all appurtenant easements of record. KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING APRIL 11, 2000 CALL TO ORDER AND Jean Johnson called the meeting to order at approximately ROLL CALL 7:00 p.m. Members present were: Jean Johnson, Rob Heinecke, Greg Stevens, Don Garberg, Don Mann, Don Hines, Bill Rice and Brian Sipe. Randy Ek was excused. Narda Wilson represented the Flathead Regional Development Office. There were approximately five people in the audience. APPROVAL OF MINUTES On a motion by Stevens and seconded by Mann the minutes of the meeting of March 14, 2000 were approved unanimously, corrected as follows: Page 13: Stevens suggested that the city council could establish a street district to assess for street and sidewalk improvements. LEE ANNEXATION AND A request by Gwenn Lee for annexation into the city of Kalispell INITIAL ZONING and initial zoning designation of B-2 on 3.548 acres on the west side of Meridian Road. LEE PRELIMINARY PLAT A request by Gwenn Lee for preliminary plat approval of a seven lot commercial subdivision known as Lee's Meridian Business Park on 3.548 acres on the west side of Meridian Road approximately 200 feet south of Appleway Drive. STAFF REPORT Narda Wilson gave a presentation on staff reports KA-00-2 and KPP-00-3 in which staff recommends a B-2, General Business zoning classification upon annexation, and preliminary plat approval subject to conditions. She stated that this property is just south of the development on the north side of Appleway Drive that the board had looked at in March. The request for annexation was filed in conjunction with an application for preliminary plat for Lee's Meridian Business Park. The request for commercial zoning does comply with the master plan map designation of urban residential. However, it does further some of the goals and policies of the plan which encourages new commercial to be an expansion within existing areas. It is currently zoned County R-1. Full city services are being proposed. There are no environmental constraints. A new subdivision road will access onto Meridian Road that aligns with West Center Street. This will create a new four way intersection. Wilson submitted a letter of opposition to the annexation and commercial zoning from Thomas Woytus. Wilson stated that the staff would recommend that the following conditions be added: That an additional ten -feet of right-of-way along Meridian Road be indicated on the final plat. That a 60-foot right-of-way easement between proposed Lots 5 and 6 be indicated on the final plat for future roadway extension. That a "no access to railroad" strip be indicated on the final plat along Lots 1 through 5. • That a buffering be provided along the southern boundary of the subdivision which complies with the Kalispell zoning ordinance, i.e. a six-foot site obscuring fence or coniferous hedge. Sipe asked if the additional conditions recommended by staff had been discussed with the developers and Wilson answered no, she had been unable to reach them prior to the meeting. Heinecke asked and Wilson answered that there is an eight - foot asphalt pedestrian trail to the north which runs parallel to the railroad tracks with a sidewalk that would connect to the trail. The sidewalk from this subdivision along Meridian Road would connect to the new sidewalk to the north. She noted that a sidewalk has recently installed up against the curb on the east side of Meridian Road. Stevens asked and Wilson answered that the required greenbelt separation between the residential and commercial areas on the south boundary of the subdivision would include a six-foot site obscuring fence or dense coniferous hedge. Sipe asked where Woytus lived and Wilson stated that he had Lot 5DD which is to the east of this proposed development. Johnson asked about the attached curbing and Wilson answered that the recommendation is for a detached sidewalk despite that the preliminary plat indicates an attached sidewalk around the cul-de-sac on. The developers did not ask for a variance and there is no hardship to provide a basis for one. The condition relating to that states that the developers would be required to build the roadways in accordance with the City Design and Construction Standards, which would require a detached sidewalk. PUBLIC BEARING The public hearing was opened to those who wished to speak on the application. PROPONENTS Dan Henderson, agent for the property owner, spoke in favor of the application stating that this commercial subdivision lends itself easily to the area. He believes there would not be a problem with the applicant complying with the conditions as amended and recommended by staff. Kalispell City -County Planning Board April 11, 2000 Meeting Minutes Page 2 of 2 Gerald Young, adjacent property owner, spoke in favor of the application stating that he couldn't see any problems with this proposal. Tom Cowan, with Carver Engineering, spoke in favor of the application stating that he was there to answer technical questions and does not see any major problems other than the traffic analysis, which they anticipated would be required by the Kalispell Public Works Department. OPPOSITION Becky Bower, 14 South Meridian, spoke against the proposed commercial designation for the subdivision stating that as an area resident she believes there is too much commercial in the area already. She added that Randy Vaught and other neighbors had told her that they were also opposed to the application. She stated that she had not had time to prepare any specific comments, however she did want to note her opposition. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Mann asked about the sidewalk along the west side of Meridian and Wilson stated that the sidewalk would connect to the pedestrian trail to the north and eventually down to Second as those lots come into the city. The sidewalk would connect to those planned to the north, and to the south this sidewalk could be connected to by new developments. Stevens asked and Wilson answered that a traffic engineer would do the traffic study. She stated that there are levels of service assigned to roadways based on several factors. The study could show that upgrades might be needed due to the creation of the four-way intersection and the addition of traffic from this subdivision. Dan Henderson noted that an outside consultant would have to be hired to complete a traffic study, which would give recommendations on improvements necessary to this development. Hines asked and Wilson answered that the Public Works Department wants this study submitted in conjunction with the utility design because the roadway construction and specifications may be changed as a result of mitigation recommendations from the traffic study. Hines stated that he believes there are only two firms in the State that do traffic analysis and that they are two years out in their schedule. Wilson stated that she knows there is someone locally that is qualified to do a traffic study and she does not know about others or a two year delay. Kalispell City -County Planning Board April 11, 2000 Meeting Minutes Page 3 of 3 Rice stated that he believes that a commercial zoning designation would work well with the surrounding area. He added that a traffic study would make recommendations that would mitigate the impacts on traffic from this commercial business park. Stevens pointed out that there would probably be more commercial uses developed south of this development. He sees this as a transition area and those residential property owners should probably note that the city is expanding in this area when making improvements to their property and that this could be described as a transition area. Geraldine Young stated that she is an adjacent property owner and with the Appleway development and this development, her neighborhood would become an island of residential zoning amongst the commercial zoning. She questioned whether they could come into the city under both of those projects and be designated B-2. Wilson stated that once these areas are annexed, she could petition to annex under a commercial zoning designation to be consistent with these other properties in the area. It would be anticipated that this area would be annexed as commercial and be developed to something other than residential such as small offices. Or the neighborhood could ask for a designation that would allow either residential or commercial uses and maybe have duplexes, small apartments, or an apartment / office combination. MOTION Mann moved and Stevens seconded to adopt staff report KA- 00-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the subject property be zoned B-2, General Business, upon annexation. On a roll call vote all members voted Aye. The motion to recommend B-2 zoning passed unanimously. Rice moved and Sipe seconded to adopt staff report KPP-00-3 as findings of fact and, based on these findings, recommend that the Kalispell City Council grant preliminary plat approval subject to the conditions as amended by staff. Heinecke stated that he would want the traffic study deleted from the conditions, noting that if a problem develops at some point in the future then the City could do a more comprehensive traffic study. Heinecke moved and Hines seconded to amend the motion to delete condition six relating to the traffic analysis. Kalispell City -County Planning Board April 11, 2000 Meeting Minutes Page 4 of 4 Garberg stated that adding a condition for a 60-foot easement is in line with a traffic study. Wilson stated that as developers come in and develop those lots south of this development they would then have access. The lots to the west were created in such a way that they don't have roadway frontage. This would provide a connection to those lots. Garberg stated that requiring a traffic study would be a superfluous request, as it would not make any difference. Wilson stated that the Public Works Department is recommending the traffic study to determine if there should be upgrades to that intersection, due to this development, and to insure that it would continue to function as adequately. Garberg stated that this would be at the expense of one landowner, not knowing the cost or how much time it would take or how much relevance it would have. The City has ways they can budget for that, not the developer. Wilson noted that the impacts would be generated from this development. Rice stated that adding another street to an intersection would have some impact to that intersection. He does not think that the board should determine how to treat that. He would be more inclined to have the traffic study by professionals that would make recommendations on any needed upgrades to this intersection. Wilson stated that she understood the traffic study to be limited to this intersection. Johnson stated he does not know how a traffic study could be done on seven empty lots that are designated business. Those might or might not be high -density traffic lots and a traffic study would be premature. The motion to amend the main motion by deleting condition six passed unanimously on a roll call vote. The amended main motion to recommend approval of the preliminary plat, subject to the staff and board amended conditions, passed unanimously on a roll call vote. OLD BUSINESS Wilson stated that the applicants for the Bee Hive Homes assisted facility has withdrawn their application and the property owner to the south is interested in purchasing the property. Kalispell City -County Planning Board April 11, 2000 Meeting Minutes Page 5 of 5 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 April 17, 2000 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning of B-2- Lee's Meridian Business Park Dear Chris: The Kalispell City -County Planning Board met on April 11, 2000, and held a public hearing to consider a request by Gwenn Lee for initial zoning of B-2, General Business, upon annexation into the city. The property proposed for annexation is located on the west side of Meridian Road at the western terminus of Center Street. A preliminary plat for a seven -lot commercial subdivision has been filed concurrently with this request and is being forwarded with this annexation for council consideration. Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-00-02 evaluating the proposed zoning. Staff recommended that the board forward a recommendation for B-2 zoning upon annexation. Exhibit A attached to the staff report describes the annexation boundaries. Dan Henderson, Gerald Young and Tom Cowan spoke in favor of the proposal. At the public hearing Becky Bower spoke in opposition to the proposal and a letter of opposition by Thomas Woytus was submitted. Please schedule this matter for the May 1, 2000 regular city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely Xtklispell Ciount Pla ning Board 3i A. J sident JJ/NW/tl Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Lee's Meridian Business Park - Annexation and Initial Zoning April 17, 2000 Page 2 Attachments: Original petition to annex and fire district withdrawal Staff report KA-00-02 with Exhibit A annexation boundaries Draft minutes 4/ 11/2000 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Gwenn Lee, 82-271 Waring Way, Indio, CA 92201 Sands Surveying, Inc., 1995 Third Ave. East, Kalispell, MT 59901 H: \FRDO \TRANSMIT\KALISPEL\2000 \KA00-02. DOC GWENN LEE / LEE'S MERIDIAN BUSINESS PARK REQUEST FOR ANNEXATION AND INITIAL ZONING FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KA-00-2 APRIL 4, 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 April 11, 2000 beginning at 7:00 PM in the Kalispell City Council Chambers. 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 annex into the city and obtain B-2, General Business, zoning on the property. A. Petitioner and Owners: Gwenn Lee 82-271 Waring Way Indio, CA 92201 (760) 347-9348 B. Location and Legal Description of Property: The property proposed for annexation is located on the west side of Meridian Road and south of Appleway Drive approximately 200 feet. The property proposed for annexation can be described as Assessor's Tract 12 located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing zoning: Currently this property is in the West Side Zoning District and is zoned County R-1, a Suburban Residential zoning district which has a one acre minimum lot size requirement for newly created lots and is residential in nature. D. Proposed Zoning: The property owners are requesting City B-2 zoning, a General Business zoning district, which allows a wide variety of general commercial, retail, and office type uses. The property owner has submitted a preliminary plat for a seven lot commercial subdivision concurrently with this annexation request. E. Size: The area proposed for annexation and zoning contains approximately 3.548 acres. F. Existing Land Use: There is a single family home which will remain on the property which is located on proposed Lot 7 and a large outbuilding and small shed located on proposed Lot 6 which will be removed. G. Adjacent Land Uses and Zoning: The character of the immediate area is commercial to the east and north and residential to the south. This property is on the fringes of urban Kalispell and has a mix of uses in the immediate area. 1 This area has become more commercial in nature as the city continues to grow. North: Burlington Northern railroad tract and small houses, City RA-1 zoning South: Residences and large undeveloped lots, County R-1 and City R-5 zoning East: Recreational equipment sales, retail sales and offices, City I-1 and B-2 zoning West: City stormwater detention basin and Stillwater Forest Product, County I-2 zoning H. General Land Use Character: The general land use character of the area is a combination of residential, commercial and industrial. The properties to the east have been more intensely developed because of the availability of City services and their proximity along Center Street. The annexation of this property extend the commercial activity along Center Street and expand the city limits to the west. I. Availability of Public Services: City water and sewer are located in the right- of-way along Center Street and Meridian Road. An engineered storm water management plan would have to be developed in association with the preliminary plat. Fire, police, ambulance and city administrative services will be provided as part of the City services to these properties. 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. M-01 "ISM This property is indicated on the Kalispell City County Master Plan Map as Urban Residential. However, the proposed B-2 zoning complies other goals and objectives of the master plan which encourage the expansion of commercial development within existing area and / or expansion of existing commercial district. Because of the existing commercial development to the east and to the north combined with the nature and volume of traffic along Merdian Road, this property may be more appropriately developed commercially rather than residentially. Rezoning this property will result in additional traffic generated from the property onto Meridian Road and Center Street especially once the property is more fully developed. An interior roadway that will be developed as part of the subdivision provides design that will lessen congestion in the streets that adjoin this property by limiting direct access and channeling traffic onto the C�• roadways from a single controlled access. An increase in traffic will result from the requested commercial zone. There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services are adequate. Because this annexation will enable the property owners to connect to public sewer and develop these properties with full public services, the public health and welfare of the community will be served by encouraging compact commercial development within an established commercial area. The proposed business zoning and the related uses would be subject to the development standards of the district which help to insure that there is adequate light and air by using building height restrictions of 35 feet and setbacks of 20 feet in the front, five on the sides and ten in the rear. Other development standards may apply to lots within the subdivision once they are proposed for a specific use. • . •' '• -• ••' • -• •- • - •.• •• • .•• The requested zoning designation is consistent with other uses and zoning in the area to the west. It appears that the property is large enough to accommodate a variety of uses which could be adequately accommodated. The requested zone will not lead to the overcrowding of land. There will be an increase in traffic an activity associated with the commercial development of this property. However, designating these properties for commercial development will allow for the expansion of the west side business areas of Kalispell under this zoning. The lot size requirements for the district will help 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 types of uses and other zoning in 3 the area to the east and to the north. This property appears to be better suited for commercial development than it does for residential development because of the volume and nature of traffic patterns in the area. The requested zone gives appropriate consideration for the suitability of this area for the uses in the B-2 zone. • The general character of the area is commercial to the north and to the east, residential to the south and industrial to the west. The anticipated uses on the property will be commercial and will be consistent and compatible with other uses in the area. The requested zone gives reasonable consideration to the character of the area. • . ••• -. WAR•- •• -. - -GTQUF. I arxel RIM • •• Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. The most appropriate use of land throughout the jurisdiction appears to be commercial. This is consistent with other uses found in the area 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-00-2 as findings of fact and forward a recommendation to City Council that the initial zoning for these properties should be B-2, General Commercial, upon annexation. H: \ ... \REPORTS \KA\00 \KA00-2 0 EXHIBIT A LEGAL DESCIRPTION Gwenn Lee / Lee's Meridian Business Park - Annexation and Initial Zoning DESCRIPTION: A TRACT OF LAND, SITUATED, LYING, AND BEING IN NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northeast corner of the Ncrtheast Quarter of Section 13, Township 28 North, Range 22 West, P.M., M., Flathead County, Montana; Thence along the east boundary of said-NE1/4 S01*09146-W 158.72 feet; Thence N88*50114"W 50.00 feet to the westerly R/W of Meridian Road, which is THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W S01*09146"W 329.09 feet; Thence leaving sa.id R/W N89*35141"W 720.67 feet the southerly R/W of Burlington Northern Railroad, which point is on a 713.94 foot radius curve, concave southeasterly (radial bearing S50'24105"E); Thence northeasterly along said R/W and along said curve through a central angle of 36*33116" an arc length of 455.49 feet; Thence N76*09111"E 358.51 feet to the point of beginning and containing 3.548 ACRES; Subject to and together with all appurtenant easements of record. 2 4 5 Flathead Regional Development Office 723 5t` Ave. East Room 414 Kalispell, MT 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 FLATHEAD COUNTY APPLICATION FOR tbVNNATto �allt�tltT } f..i NAME OF APPLICANT: MAR 13 2000 MAIL ADDRESS: 82-271 Waring Way R. CITY/STATE/ZIP: Indio CA 92201 PHONE: (760) 347-9348 INTEREST IN PROPERTY: OWNER ZONING MAP AMENDMENT: X ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? To change zone from R-1 to B-2 zone. IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: Meridian Road B. Legal Description: SEE ATTACHED (Lot and Block of Subdivision: Tract #) SEC. 13 T.28N. R.22W. (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: R-1 D. The proposed zoning of the above property is: B-2 E. State the changed or changing conditions that make the proposed amendment necessary: An application is being made to annex the property into the City of Kalispell and create 7 commercial lots off a spur road from Meridian Road. This vacant land is adjacent to the current B-2 zone of the City. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan This land is adjacent to other B-2 zones of the City of Kalispell and maintains a planned growth of that zone. B. Lessening congestion in the streets and providing safe access A subdivision is being applied for concurrently with this zone change request and includes a city street system to provide safe access for the 7 lots within the subdivision. C. Promoting safety from fire, panic and other dangers Annexing to the City will allow for the occupants of the subdivision to be protected by the Kalispell Fire Department and Kalispell Police Department. D. Promoting the public interest, health, comfort, convenience, safety and general welfare All public utilities including sewer, water, power, telephone, and street maintenance will be made available by annexing: the land to the City under the B-2 zone. E. Preventing the overcrowding of land This zone change request will provide an area to allow commercial lots in an area away from high -density residential development. F. Avoiding undue concentration of population As a B-2 zone the businesses situated there will be spread through the 7 lots within the proposed subdivision. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities A public sewer and water system is adjacent to the property on Meridian Road. This will be extended to the land proposed for the zone change. The street proposed within the subdivision will be built to City standards with a sidewalk to provide safe access for pedestrians. H. Giving reasonable consideration to the character of the district The land lies adjacent to B-2 zoning and lies between the Burlington Northern Railroad tracts and Meridian Road. Thereby allowing for planned growth of the B-2 district. APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS: 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 .......................................... $400.00 For first 80 acres of area of the request ............ Add $5/acre For requests for 81 — 160 acres .................. Add $3/acre For requests covering 161 acres or more .......... Add $1/acre Amendment to Zoning Text ................................. $300.00 PUD Zoning Review: Residential ........................................ $400.00 Commercial ....................................... $500.00 Mixed Use........................................$650.00 D. The application must be accepted as complete by the FRDO staff thirty (30) days prior to the date of the meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: l . 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. 4 03/11/2000 11:11 7603420538 LEE G PAGE 04 MAR-10--00 FR 1 1 I : 44 SANDS SURVEY 1 K 1 NC FAX NO, 14067556488 P. 05 1 Giving considteration to the peculiar suitability of the property for particular uses __ ti��._the land i. hunt g th gnu t ril .Mm ,, it i more e� i�l�le ati F3= �_ ne t1go any_r�•idgntial zAn J Protcctinu and Gntlsery ink the value of buildings The B-2 zone, comes with, certain trit:t;�7na rcgarefinua, buildinu�, szes,�set ba�c�..,��c. ,�r�yj�e_.rnnr�Q,�,d �iy.��.g a is15�11 "0 ins eT)artttj,i�t Encouraging the most appropriate use of land by assuring orderly growth By KqY ruin - the aptcation Fir R zone . ch�_n concurrent with t suhdiyisir�n nr�(�sal, the City Council can uvf!25LC-thg2roG; 1, src ce s qi1djauCe the.rir erl ny of the City..___ * * * * 0 * * A * * * * * * * a * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * )'he signing, of this application signifies approval for F.R.D 0. staff to be present on the property fur routine monitoruig and inspection during apptova.l process. pPlicaiut} (Date) _�.....(Applicac3t)... (Date) ...�. (Applicat}t) (Daw) ------• tA�spllCas�f } ,.�..�._........._ .........�_.....,.�__.._._ (�}�tcJ� MAR-10-00 FRI 11:41 SANDS SURVEYING INC FAX NO. 14067656488 P,02 FETITION NO. ::EFORF THE, CITY COUNCIL OF' THE CITY OF E�QLISF'r,_,L PETITION 1' n c...AT10N TO CITY CO�MIE NO ,he undersigned aad respectfully petition the City ;pl1T?i 11 of the City of Kalispell requesting city annexation of the �'l'owing r.<_, t property into the City of Kalispell and to remove f.o110,wir,. rep-i property from the S4'Yt4Va_.0eU Rural Fire District. The perit.ioner(C) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City �* Kalispeil that ir=iediately upon annexation of the land all City L I,'a1.1 spPl_ munic:i'pal services will be provided to the property Eesczibed herein or: substant•iallsi the same baGis and in the same rr.ar�ner as> Such services are provided or made available within the itS`' of the municipality prior to annexation. Petitioner(s) hereby ta,`_e that there is no need to prepare a Miunicipal Annexation service Plan for this annexation pursuant to Section 7-2-4610, I- C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this rb'-� day of 1 1a,4—eL— 1 2000, LEGF!L-DESCRIPTION OF PROPERTY TO RF ANNEXED: 72, c' :c)F"ERT Y ADDRESS. X r ),_,)(-7L Owner �' l •t:Y i � t G�.VI 1� � . Owner - PLEASE RE''PURN THIS PETITION TO CITY CLERK'S OFFICE MAR-10-00 FRI 11:44 SANDS SURVEYING INC FAX NO, 14067556488 P.05 1 Giving consideration to the peculiar suitability of the propcily for particular uses _^ Because the land is bounded by the BurlingtUn Northern Railroad, .it is more Bitable a�._A.B ? zone than any residential zone-. 1 Protecting and conserving the value of buildings _'The B-2 zone., comes with, certain restrictions regarding. buildingsizes, set backs, etc. _end will be monitored by. the Kalispzll BuiI(�!_ Il3DCitl.rtl"Y1e11t- K. Encouraging the most appropriate use of land by assuring orderly growth _reviewing therm lication for a zone_„cha.n e concurrently with the sutjdivision pro�C�sal_ the City. Council can oversee -the apprgygl process and.insure the,c�rderl��rovv-th of the City;___ i`he si sung of this application signifies approval for F.R.D.O, staff to be present on the property for routine monitorbw and inspection during approval process. I A;- � 40 4 4(p licantj (Date) (Applicant)� (Apriica.rit) - (Applicant) (Date) (,date) _... (Date) 3 •MAR-10-00 FRI 11:44 SANDS SURVEYING !NO FAX NO, 14067556488 APPLICAT10N CONTENTS; The subdivider shall subnut a complete application addressing items below to the FRDO Office at least thirty (30) days prior to the date of the meeting at which it will be heard. Preli.mitiary plat application. 2. 16 copies of the preliminary plat. One reproducible set of supplemental information (Sec Appendix A - Flathead County Subdivision Regulations) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (See example below): , y;�essor's No.: S—T—R Lot/Tract No. Property Owner & Mailing Address ! hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the hest of my knowled�c. Should any information or representation submitted in connection with this, application be untrue; I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the F.R.D.O. staff zo be present on the property for routine monitoring and inspection during the approval and development process. 6��/a/dD ( plica.nt) (Date) 4 `1AR-10-00 FRI 11:42 SANDS SURVEYING INC FAX NO. 14067556488 P,03 CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL, FIRE DISTRICT 10 WHOM IT MAY CONCERN: T141S AGREEMENT, made and entered into this day of /Y.Z�c,-LL , 2000, by hereinafter PARTY(S) OF INTEREST [INCLUDES OWNER(S), UENHOLDER(S), OR CONTRACT SELLF R(S)] and the CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSE'TH: 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 car 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 PART(S) OF INTEREST do(es) further herein express an intent to have the property rs herein described withdrawn from the Q-3 i -! 1 - Fire District under the provisions of Section 7-33-2427, Montana Code Atuiotated; 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 PARTS) OF INTEREST further agrees) 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 PAWI'Y(S) OF INTERESTr to hook onto the City of Kalispell sewer systein. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this /() - '.__. clay of _ALLe�_ 2000. PARTY OF INTEREST CITY OF KALISPELL City Manager ATTEST: hin<ance Director MAR-10-00 FRI 11:43 SANDS SURVEYING INC FAX NO. 14067666488 STATE, OF ^CALIFORNIA ) P. 04 ss County of RIVERSIDE ) on this loth day of MARCH 2O00, before me, the undersigned, a Notary Public for the State of ,CALIF, , personally appeared*GWENN known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to the that Wshe executed the same. rN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hi this certificate first above written. , VICKI L. �TINSON VICKI LSIINSON Notary Public, State of CALIFORNIA Commission # 1154608 z z °:k Notary Public -California Residing at INDIO, CALIFORNIA W z Riverside County _.. y' Mycomm.Exp,resoct3,2001 My Commission expires OCTOBER 3. 2QQL_ 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 _ „ _ and , the and the corporation that executed the foregoing instrument, raid 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 niy hand and affixed my Notarial Seal the day and year in this certificate first above written. STATE OF M.ONTA.NA } ss County of Flathead ) On this day of _ Notary Public, State of Montana Residing at My Commission expires 2000_, before me, the undersigned, a Notary Public for the State of Montana, personally appeared GLEN NEIER and AMY I1. ROBERTSON, known to me to be the Interim City Manager and Finance Director of the City of Kalispell, a rt;ur►i6pality, 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 in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires