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05. Resolution 4488 - Annexation - Kal-Mont DairyFlathead 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 Annexation and Initial B-1 Zoning - George E. Schulze MEETING DATE: June 21, 1999 BACKGROUND.- This is a request for annexation- and initial zoning of -B-1, a Neighborhood Buffer District, for approximately 6.50 acres located at the northeast corner of West Evergreen Drive and Whitefish Stage Road. Currently this property is in the County zoning jurisdiction and is zoned B-1, defined as a Neighborhood Professional Office district. However, the property owner requires community water and sewer in order to develop this property in a cost effective manner. The property is outside of the North Village Sewer District, and the property owner has requested annexation to the district. Concurrent with this request for annexation to the city is a request for approval of a five lot commercial subdivision, Village Plaza. On June 8, 1999 the Kalispell City -County Planning Board held a public hearing to evaluate the most appropriate zoning upon annexation. The planning board and staff are recommending that this property be zoned B-1, Neighborhood Buffer District, upon annexation. RECOMMENDATION: A motion to adopt the resolution annexing this property to the city and a motion to adopt the ordinance for B-1 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. 7%;R& I ��' C"'49�-- Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 11, 1999 Attachments: Letter of transmittal Staff report KA-99-5 and back-up materials Draft minutes from the 6/8/99 planning board meeting Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO. 4488 A RESOLUTION ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF KALISPELL, SAID TERRITORY BEING APPROXIMATELY 6.83 ACRES ON THE NORTHEAST CORNER OF WHITEFISH STAGE ROAD AND WEST EVERGREEN DRIVE, MORE PARTICULARY DESCRIBED IN EXHIBIT "A", TO BE DESCRIBED AS SCHULZE ADDITION NO. 293. WHEREAS, the City of Kalispell has received a request from George Schulze, the owner of the property which is described in Exhibit "A", requesting annexation into said territory and zoning by the City, and WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City and the inhabitants thereof that said property be annexed to the City, and WHEREAS, on November 6, 1995, the City Council adopted pursuant to Section 7-2-4732, MCA, an Extension of Services Plan which anticipated the development of City services for approximately five years in the future, and WHEREAS, the Flathead Regional Development Office in Staff Report #KA-99-5 indicated that sewer, roads, police, and fire services are either available or already in service to said property, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a hearing on June 8, 1999, pursuant to Chapter 27.30, Kalispell Zoning Ordinance, to recommend zoning for the property in accordance with the Kalispell Zoning Ordinance, in the event the property is annexed to the City, and WHEREAS, the Flathead Regional Development Office recommended annexation of the property (#KA-99-5) with a Neighborhood Buffer District, City B-1, on the property, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission passed a motion recommending approval for annexing and zoning the property, and WHEREAS, the City Council intends that said territory, if annexed, shall be zoned in accordance with the recommendations of the Flathead Regional Development Office staff report #KA-99-5, and WHEREAS, Schulze Addition No. 293 is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex the property under the provisions of Title 7, Chapter 2, Part 46, MCA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That all the real property as is more particularly described in Exhibit "A", attached hereto- and thereby made a part hereof, shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide. 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 said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory 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 according to the Zoning Ordinances of the City of Kalispell. 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 21st DAY OF JUNE, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk Schulze Annexation and Initial Zoning June 15, 1999 Page 3 4:26: LEGAL DESCRIPTION SCHULZE ANNEXATION Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,IM., Flathead County, Montana; Thence along the north boundary of said Section 5, S89'57138"E 30.00 feet to a found iron pin on the easterly R/W of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said easterly R/W N00*03108"W'572.39 feet to a set iron pin; Thence leaving said R/W N89*57100"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having a central angle of 45003100"; Thence along an arc length of 141.53 feet to a set iron pin; Thence S45*00100"E 241.23 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having *a central angle of 44*53110"; Thence along an arc length of 141.01 feet to a set iron pin; Thence S00*06150"E 222.78 feet to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen Drive and the south boundary of the Southwest Quarterh of Section 32, Township 29 North Range 21 West, P.M.,M., Flathead County, Montana; Thence along said R/W and along said south boundary N89'57138"W 588.20 feet to the point of beginning. and could the approach be made wider or something that would alleviate a potential bottleneck or traffic hazard? Larsen noted that he believed that the 24 foot wide road and the 35 foot approach that are in the plans should be adequate and he does not see a better way for the approach. Johnson noted that a motion to accept the report as written would exclude sidewalks from Grandview Drive. MOTION Stevens moved and Rice seconded to adopt staff report KPP-99-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat for the Ranchview Subdivision be granted subject to the following amended condition: #8 provided between the subdivision and Grandview Drive. On a roll call vote all members present voted Aye. The motion to recommend approval of the Ranchview Subdivision subject to the amended conditions passed unanimously. SCHULTZE A request by George Schulze, aka Kal-Mont Dairy Farm, for ANNEXATION & INITIAL annexation and initial zoning of B-1 on approximately 5.536 acres ZONING on the northeast corner of Whitefish Stage Road and West Evergreen Drive. Sipe removed himself from the board for this petition due to a personal interest in the outcome. STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-5 in which staff recommends that the board forward a recommendation to the Kalispell City Council' that the initial zoning for: this property should be B-1, Neighborhood Buffer District, upon annexation. Wilson noted that in addition to the request for annexation and initial zoning, the property owner has filed for approval of a 5 lot subdivision on this property which will be forwarded to the Kalispell City Council for consideration at the same time as the annexation and initial zoning. Because this is a minor subdivision, 5 or fewer lots, it does not go before the planning board. She stated that Sands Surveying has a corrected legal description, which she did not have available for the board but will be forwarded on to the city council before they take action on the boards recommendation. PUBLIC BEARING The public hearing was opened to those in favor of the petition. PROPONENTS George Schulze, 1377 Whitefish Stage, spoke in favor of the petition and noted that the sewer district had already been petitioned and a favorable vote had been received to include this property within the district. OPPONENTS Karen Holmquist, 55 West Evergreen Drive, asked if this would change the requirements to her property such as a requirement to Kalispell City County Planning Board Minutes of meeting June 8, 1999 Page 6 of 12 hook into city water and sewer services, an effect on their taxes, a change in the ability to have their livestock, etc. Wilson noted that in answer to Ms. Homquists' questions, that there would be no effect to her taxes or connection to the sewer district or her use of her property and that any livestock would have been grandfathered and there would be no change to that as long as that use continued. No one else wished to speak for or against the petition and the public hearing was closed. BOARD DISCUSSION Brenneman asked if this would completely surround the RA-1 section which could be annexed and Wilson stated that it could be annexed but it won't. MOTION Rice moved and Breneman seconded to adopt staff report KA-99-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed property be zoned B-1, Neighborhood Buffer District, upon annexation. On a roll call vote all members present on the board voted Aye. The motion to recommend B-1 zoning upon annexation passed unanimously, with Sipe excused from the vote. Sipe returned to his seat on the board. CITY OF KALISPELL A request by the City of Kalispell for various amendments to the ZONING ORDINANCE Kalispell Zoning Ordinance. These amendments would changer`{ AMENDMENTS several areas of the zoning jurisdiction. STAFF REPORT Narda Wilson gave a presentation of staff report KZTA-99-6 in which staff recommends that the board recommend to the Kalispell City Council that the amendments, as stated in the report, be made to the Kalispell Zoning Ordinance. Wilson noted that staff along with the City Zoning Administrator came forward with many changes and that she determined that these changes were all that were being brought out at this time. Later there will be another request for `housekeeping zoning amendments'. She went over each of the amendments individually explaining the reasons for each. Wilson noted that staff is recommending that bars, taverns, cocktail lounges, casinos, etc. all be placed in the conditional use category. Johnson noted that the board members should bring up any amendment that they might have a problem with and that way the board could move forward with those amendments which everyone already agrees with, then those items which need further consideration can be discussed. PUBLIC HEARING The public hearing was opened to those in favor of the amendments. Kalispell City County Planning Board Minutes of meeting June 8, 1999 Page 7 of 12 Flathead Regional Development Office 723 5th Avenue Fast - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 June 15, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Schulze Annexation and Initial Zoning of B-1, Neighborhood Buffer District Dear Chris: The Kalispell City -County Planning Board met on June 8, 1999, and held a public hearing to consider a request by George E. Schulze for initial zoning of B-1, Neighborhood Buffer District, upon annexation into the city. The property proposed for annexation an approximately 6.83 acre portion of a tract located on the northeast corner of Whitefish Stage Road and West Evergreen Drive in the northeast part of Kalispell. Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-5 evaluating the proposed B-1 zoning upon annexation. She recommended that the board forward a recommendation for the B-1 zoning. Wilson noted that the current County zoning is B-1 and is essentially the same as the requested City zoning. At the public hearing, George Schulze, the applicant, spoke in favor of the petition. He stated that - B-1 zoning would be consistent with the area. Karen Holmquist asked questions on the extent that the proposed zoning would effect her adjoining property, but was not against the zoning. No one else spoke for or against the petition. A motion was made to adopt staff report KA-99-5 as findings of fact and recommend to the council that the property be zoned B-1 upon annexation. On a roll call vote the motion passed by unanimous vote with Brian Sipe being excused from the vote due to a conflict. Please schedule this matter for the June 21, 1999 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 'spell i •C y Planning Board r' an Jo son Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Schulze Annexation and Initial Zoning June 15, 1999 Page 2 JJ/NW/tl Attachments: Exhibit A - Legal Description Petition to Annex Consent to Withdrawal from Rural Fire District Staff report KA-99-5, application materials, including legal description Draft minutes 6/8/99 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: George Schulze, 111 W. Nicholaus Drive, Kalispell, MT 59901 r -m 54o,6 / f> S rh,,,i AY% r . !!r,! Alt Sf t, TRANSMIT\KAL\KA9905 GEORGE E. SCHULZE REQUEST FOR ANNEXATION AND INITIAL ZONING FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KA-99-5 JUNE 1, 1999 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 June 8, 1999 beginning at 6:00 PM in the Kalispell City Council Chamber. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION 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 develop this property and is requesting annexation in order to receive the necessary sewer services. A. Petitioner and Owners: George E. Schulze 111 W. Nicholaus Drive Kalispell, MT 59901 (406)752-4668 B. Location and Legal Description of Property: The property proposed for annexation is located on the northeast corner of Whitefish Stage Road and West Evergreen Drive in the northeast part of Kalispell. The property contains approximately 5.536 acres and can be described as a portion of Assessor's Tract 5 located in Section 32, Township 29 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-1, a Neighborhood / Professional Business zoning district which allows a limited number of uses including professional offices and retail of less than 3,000 square feet. This zoning district is intended to provide services to adjacent residential properties within one mile and is not intended to have uses which require outdoor display or storage of merchandise. D. Proposed Zoning: The property owner is requesting City B-1 zoning, a Neighborhood Buffer District which allows a limited number of commercial uses which include professional offices, limited retail, and other business intended to service the neighboring residential area. Under the City B-1 zoning district, a slightly broader number of uses would be allowed which would not be allowed under the County B-1 zoning. However, the intent of both districts are essentially the same which is to provide services to the residents of the area and are not intended to provide commercial services to the community or a regional area. E. Size: The area proposed for annexation and zoning contains approximately 5.539 acres and is a portion of the large parcel, Assessor's Tract 5. F. Existing Land Use: Currently this property is occupied by a small barber shop which contains probably less than 500 square feet. This type of use would be considered a personal service and would be a permitted use under the proposed B-1 zoning designation. There are no other uses existing on the property. However, it is worthy to note that in addition to the request for annexation and initial zoning, the property owner has filed for approval of a five lot subdivision on this property which will be forwarded to the Kalispell City Council for consideration at the same time as the annexation and initial zoning. A reduced copy of the subdivision proposal has been included with this staff report as an informational item only. Because this is a minor subdivision, five or fewer lots, it does not go before the planning board for public hearing, but rather is fowarded directly to the city council- G. Adjacent Land Uses and Zoning: The character of the immediate area is generally residential. There several residential subdivisions in the immediate area, but there are also a couple of churches and a school in close proximity to this property. North: Generally undeveloped, County R-5 zoning South: Church, County R-2 zoning East:: Undeveloped and Glacier Village Greens, County R-5 zoning West: Buffalo Stage Subdivision, City RA-1 zoning H. General Land Use Character: The general land use character of the area is a combination of general commercial and light industrial. The properties to the north have been more intensively developed because of the availability of water and sewer to the area. The annexation of this property will be the southernmost boundaries of the City of Kalispell except for a short section of the airport runway to the west. I. Availability of Public Services: Currently, this property has Evergreen water available to it from the Evergreen Water and Sewer District. However, it is in the North Village Sewer District whose boundaries were established during the 1980's primarily for the development of the Buffalo Stage area and for Glacier Village Greens. This district has an effluent allocation from the City of Kalispell, and a petition to annexation or waiver of annexation is required in order to receive service. All plans and specification for the new facilities are required to comply with the City of Kalispell's standards for sewage treatment facilities. The property owner is ready to develop this property and requires community water and sewer to develop it in an economically viable manner. EVALUATION BASED ON STATUTORY CRITERIA 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. SUMMARY AND DISCUSSION 1. Does the requested zone comply with the Master Plan? This property is indicated on the Kalispell City County Master Plan Map as commercial. The proposed B-1 zoning district complies with that master plan map designation, as well as the goals and policies of the document which designate this corner of the jurisdiction as a neighborhood commercial area 2. Is the requested zone designed to lessen congestion in the streets? Rezoning this property may result in additional traffic generated from the property especially once the property owner has developed the site. This development will increase traffic on both West Evergreen Drive and Whitefish Stage Road. Whitefish Stage Road is designated as a minor arterial from Oregon Street to West Reserve Drive. The roadway is listed as a secondary priority for upgrade in the master plan and it is generally recognized that this roadway continues to receive additional traffic, making the need for upgrade a high priority for the community. West Evergreen Drive is also designated as a minor arterial on the master plan and receives a good deal of traffic. Currently, however, there are no design plans or funds designated for the upgrade of either of these roadways within the next several years. 3. Will the requested zone secure safety from fire, panic, and other dangers? 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 have made no comment regarding their ability to serve this site. 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. 4. Will the requested zone promote the health and general welfare? Be- ause this annexation will enable the property owners to connect to public se,,er and develop the property with full public services, the public health and welfare of the community will be served. 5. Will the requested zone provide for adequate light and air? The commercial uses planned for this property will be required to comply with the development standards of the B-1 zoning district which assures that there is adequate light and air. _t3 6. Will the requested zone prevent the overcrowding of land? The requested zoning designation is consistent with the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. 7. Will the requested zone avoid undue concentration of people? 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. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? 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. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed zoning is consistent with the master plan designation of neighborhood commercial. Additionally, as this area continues to develop with relatively small lots, churches and professional offices this area becomes more suitable for the development of a "neighborhood commercial" corner where residents of the area can purchase small items and obtain other services without traveling into the core commercial area of town. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is primarily residential with a small mix of professional offices, churches and a school in the immediate area_ The requested zone gives reasonable consideration to the character of the area and appears to be timely considering other development in the area which has occurred over the last five or six years. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the uses allowed under the B-1 would not displace downtown commercial uses and would be generally complementary to other uses in the area. 4 12. Will the requested zone encouraze the most appropriate use of the land throughout the jurisdiction? The most appropriate use of land throughout the jurisdiction appears to be the neighborhood commercial zoning designation being requested. This is consistent with the master plan designation and promotes the stability and neighborhood character of the immediate area. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board adopt Staff Report #KA-99-5 as findings of fact and forward a recommendation to City Council that the initial zoning for this property should be B-1, Neighborhood Buffer District, upon annexation. H: \... \REPORTS \KA\99 \KA99-5 5 PETITION NO. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY 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 EVeroreerl Rural Fire District. The petitioner(s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner(s) hereby state that there is no need to -prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this day of N1 J ' 19,91 . LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: PROPERTY ADDRESS: OWNER J OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITTIDRAWAL FROM TO WHOM IT MAY CONCERN: day of RURAL FIRE DISTRICT THIS AGREEMENT, made and entered into this 199 , by and between C ecrct P, E S c ku i ze, hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR CONTRACT SELLER(S) ] 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 V rP en Fire District under the provisions of Section 7-33-2127, MontanaAnnotated; and that incorporated into this Consent to Annex Agreement is the Notice rcquiremcnt 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 saidreal property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this "7111 day of NA a�A .1999. PARTY(S) OF INTEREST CITY OF KALISPELL City Mnn-wpr SANDS SURVEYING, INC. 1995 Third Avenue East Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 May 10, 1999 Narda Wilson FRDO 723 Fifth Ave East Kalispell, XT 59901 Dear Narda: ,fir'?'_.: , r, ., I - s MAY 10 299 F. R. D. O. On behalf of my client, Kal-Mont Dairy Farm, I am submitting to your office the preliminary plat of Village Plaza. This is a five lot minor subdivision for commercial lots. The land is currently zoned B-1 county and we are applying for a zone change / annexation to the city of Kalispell with a zone designation city B-1. We have designed Village loop to intersect at the extension of Buffalo stage road on Whitefish Stage, and at a safe distance from the top of the hill on West Evergreen Drive. The road is proposed to be paved to city standards. Access to the lots will be from the interior road system, and only the two accesses off the county roads are proposed. City sewer and Evergreen water, along with other utilities will be extended to all lots within the subdivision. The typical building sizes and locations are shown on the preliminary plat, and the parking lot will accommodate the required number of spaces and be paved. The buildings will be of similar construction, and a drainage plan will be designed by an engineer and constructed as a part of the final plat submittal. Please review this application at your earliest convenience, if you have any questions, please call. Professionally, dm Sands, P.L.S. Other Utilities: Cable TV _X_ Telephone X— Electric Cras Other Flathead Regional Development office - - 723 5th Ave. East Room 414 Kali Pen, MT 59901 Phone: (406)758-5980 Fam (406)758-5781 F MAY _ 0 J PETITION FOR CITY OF KALISPELL 2. MAIL ADDRESS: 1( I tail. N t c h � 10-u-S 3. CITY/STATE/ZIP: S1901 PHONE: 40(o-ISZ-40A 4. INTEREST IN PROPERTY: 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: PLEASE COMPLETE ,. E FOLLOWING: A. What is the • • • • ` •: • • amendment? •• IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING.* A. Address of the property: IL2 S+ &ze-trGi✓�.2 ►� 17r t Ve, B. Legal Description: Af-Q carted (Lot and Block of Subdivision; Tract #) 32-2q -Zj (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: P)-1 6 Ga c c ,1---- � D. The proposed zoning of the above property is: 6) E. State the changed or changing conditions that make the proposed amendment necessary: HOW WILL THE PROPOSED CEL4NGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe C. Promoting safety from fire, panic and other D. Promoting the public interest, health, welfare E. Preventing the overcrowding of F. Avoiding undue concentration of population G. Facilitating the parks and othe convenience, safety and general kdequate provision of transportation, water, sewage, schools, public facilities 2 H. Giving reasonable consideration to the character of the district I. Givink consideration to the peculiar suitability of the property for particular uses J. Protecting and conservIRg the value of buildings K. Encouraging the most appropriate us�of land by assuring orderly growth The signing of this application signifies approval for F.R.D.O. staff to be pars nt on the property for routine monito;ing5d inspection during approval process. 3 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. I: .... . sr• ... . .. C. Application fee per schedule, made payable to the Flathead Regional Development Office. Fee Schedule Zone Change: Basefee........................................................................$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 MixedUse.....................................................................$650.00 D. The application must be accepted as complete by the FRDO staff thirty 130) 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. 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. 0 CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURALSIlREJASTRICT TO WHOM iT MAY CONCERN: THIS AGREEMENT, made and entered into this day Of 199 , by and bctwcen G e0o ra P ^ 5 c hL ( zP- hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR CONTRACT SELLER(S) ] and the CITY OF KALiSPELL, Flathead County, Montana, hereinaller 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 trade by or with the consent of the City of Kalispell, Montana, to ammcx to and make a pit of said City of Kalispell, more particularly describal 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 -Vex litre District under the provisions of Section 7-33-2127, Montana Cod ~bAn otaand that incorporated into this Consew to Anncx Agrccmamt is the Noticc rcquircow nt pursuant to said Scction; 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 shalt 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 WHEREOF, we have hereunto set our hands and affixed our scats this 7rh day of_�A &&4_ , 1999. PARTY(S) OF INTEREST y CITY OF KALISPELL City Manager ATTEST: Finance Director STATE OF MONTANA ss County of Flathead On this day of 1"1 � , 1999 before me, the undersigned, a Notary Public for the State of Montana, personally appeared &,,,r,yr►g.,�E. known to me to be the person whose name is subscribed to the foregoing instrurucnt, and acknowledged to me Ilia( ixlshe 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 _ L" at My Commission expires / d %0 `{ lb0 STATE OF MONTANA ) : ss County of Flathead ) On this day of _ 199 , before me, the undersigned, a Notary Public for the state of Montana personally appeared and , the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. 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 County of Flathead On this day of . 199 , before me, a Notary Public in and for the State of Montana, personalty appeared GLEN NUER and AMY H. ROBERTSON, known to me to be the Interim 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, seated and delivered said insirumcni as the free and voluntary act of said municipality, for the uses and purposed therein sctforth, and that they were duly nutloorized to execute the same on behalf of said municipality. IN WITNESS WI IERI:OF, 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 My Commission expires FET_I'T_ON NO. BEFORE THE CITY COUNCIL OF MW-ELL CITY Obi_ PETITION FOR ANNEXATION TO CITY 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 Eve-^aTeeki Rural Fire District. The petitioner(s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same 4 manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this day of Ka, 4 _, 19,161 . LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: PROPERTY ADDRESS: • PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE A FRDO Z-98 [( CE. RT &4. � APPLICANT: George Schulze (Kal-Mont Dairy Farm) & Village Plaza FRDO FILE #• KA-99-5 & KSR-99-2 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the p perty of a property that is the subject of the application. Date: >U<Z Z0 Y /qQ� Assessor's S-T-R Let/Tract Property Owner No. No. & Mail Address George Schulze 111 W Nicholaus Kalispell MT 59901 Sands Surveying 1995 3rd Avenue East Kalispell MT 59901 Carver Engineering 1995 3rd Avenue East Kalispell MT 59901 E004092 31-29-21 TR5K State of Montana/Dept of Highways 2701 Prospect Ave Helena MT 59601-9726 0980683 31-29-21 L23 Penco of Montana Inc Buffalo Sq AD% Witt Family Trust 193 Bay Drive Bigfork MT 59911 0001821 31-29-21 L24 Penco of Montana Inc Buffalo Sq AD% Witt Family Trust 193 Bay Drive Bigfork MT 59911 0428760 32-29-21 TR 5 0377250 32-29-21 TR5A S003714 32-29-21 TR5B KAL-MONT Dairy Farm 620 Michels Slough Rd Columbia Falls MT 59912-9227 Theodore E & Patricia Holmquist James D & Karen L Holmquist 405 W Evergreen Drive Kalispell MT 59901 Northwestern Telephone Systems Attn: Stephen' "S"'Ashworth Tax Department P O Box 9901 Vancouver WA 98668 KA-99-5 & KSR-99-2 ALO Page 2 Assr's # S-T-R 0976047 32-29-21 Lot/Tr # TRSBA 0977283 32-29-21 TRSF E003561 5-28-21 TR A&C Lot 1 Hillcrest Estates 0909575 5-28-21 TR12BB Lot! Hillcrest Estates 0872620 5-28-21 TR12B E002683 5-28-21 TR12BF 0978188 6-28-21 Lot 47 River View Greens Ph2 6-28-21 Park C River View Greens Ph2 Property Owner & Mail Address John S & Louise Barker 1302 Whitefish Stage Kalispell MT 59901-2748 Edward M & Eva Jo Burrington 1322 Whitefish Stage Kalispell MT 59901-2748 Flathead County 800 S Main Street Kalispell MT 59901-5400 Marshall H & Susan M Murray 101 Somerset Drive Kalispell MT 599012724 William K & Maria L Lara 100 Somerset Drive Kalispell MT 59901 First Church of the Nazarene 1295 Whitefish Stage Kalispell MT 59901-2746 Susan M & Thomas J Wynne Jr 101 River View Drive Kalispell MT 59901 David Dittman, President 173 Riverview Drive Kalispell MT 59901 NOTICE OF C HEARING KALISPELL CITY -COUNTY PLAN�AND ZONING COBWSSIOA Aanexativa and Initial Zoning of B-1 - Whitefish Stage and West Evergreen Drive Annexation and Initial Zoning of R-4 - North Belmar Zone Change from RA-1 to B-3 - North Meridian Road Kalispell Zoning Text Amendments - Various Kalispell Zoning Teat Amendment Relating to Day Care Parking and Definition Preliminary Plat Approval of Ra,nchview Subdivision The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, June 8, 1999, beginning at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly scheduled meeting, the board will hold public hearings or take public comments on the following agenda items and will make recommendations to the City Council or the Board of County Commissioners, who will take final action: To the Kalispell City Council: 1. A request by George E. Schultz, aka Kal-Mont Dairy Farm, for annexation and initial zoning of B-1, Neighborhood Buffer District, for approximately 5:536 acres. The property proposed for annexation is located on the northeast comer of Whitefish Stage Road and West Evergreen Drive in the northeast part of Kalispell. Currently this property is in the Evergreen and Vicinity Zoning District and is zoned County B-1, a Neighborhood Professional Business -zoning district. The property can be described as a portion of Assessor's Tract 5 located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit A. 2. A request by David R and Deanne Berger for annexation and initial zoning of R-4, Two Family Residential, on approximately 0.62 acres. The property is located north of Belmar Subdivision and adjoins the northern boundaries of Lots 8, 9, and 10 of Belmar Addition Subdivision. This property can be described as a portion of Assessor's Tract 14CA located in Section 19, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana, and as further described in Exhibit B. 3. A request by Walle and Mary Lou Lindsay for a zone change from RA-1, a Low Density Residential Apartment, zoning district to B-3, a Community Business, zoning district which allows a variety of commercial uses. The area proposed for rezoning contains approximately 0.79 of an acre and is located at 580 North Meridian Road, on the east side of North Meridian Road and north of Two Mile Drive approximately 150 feet. The property can be described as Lot 1 of Stubbs Addition 58 located in Section 12, Township 28 North, Range 22 West, P.M.,M, Flathead County, Montana and as further described in attached Exhibit C. 4. A request by The Nurturing Center for a text amendment to the Kalispell Zoning Ordinance, Sections 27.26.050(15), Parking Standards for Day Care Facilities, and Section 26.37.010(69), L"efinition of Day Care. As proposed, the standards would require one space per teacher/employee and delete the requirement for one off-street load space per six students. And would require one space per teacher/employee plus one off-street load space per six students for Day Care Centers and Nursery Schools. Additionally, the definition of Day Care Facilities would be clarified to denote a difference between a Family a Day Cre Home, Group Day Care Home and a Day Care Center and to clarify the term "regular basis." This amendment would potentially effect all areas within the City of Kalispell which allow day care facilities as either a permitted or conditionally permitted use. 5. A request by the City of Kalispell for various amendments to the Kalispell Zoning Ordinance which are intended to be "housekeeping" changes that would not typically be controversial issues, but that would address several on -going probier:s within the City's zoning jurisdiction. Those changes would include but would not be limited to the following issues: increasing the allowable height in the "R" zonings from the current 15 foot limit to 18 feet provided they are single story construction; add banks, savings and loan and finance companies as a permitted use in the B-2, General Business district, change casinos from a conditional use to a permitted use in all districts which allow casinos and amend the definition of casino; allow single archways serving as pedestrian entrances not exceeding nine feet tall five feet wide and four feet deep in the required setback areas; reduce the required side corner setbacks from 15 feet to 10 feet on lots of 50 feet or less; to allow temporary events such as car shows, boat shows, carnival, concerts, etc. in the `B", "i or "P" zones as a permitted uses provided the event does not occur more than seven days in a three month period; a provision to allow the issuance of an administrative conditional use permit which is a minor amendment to an. existing conditional use permit; amend the definition of professional office. This amendments could potentially effect several areas of the zoning jurisdiction where these uses are allowed. 6. A request by Robert Peters for preliminary plat approval of a ten lot residential subdivision located west of Grandview Drive and south of Commons Way in the north part of Kalispell. The property is zoned RA-1, a Low Density Residential Apartment, zoning - district which has a minimum lot size requirement of 6,000 square feet for single family homes plus an additional 3,000 square feet per unit beyond a duplex. The total acreage within the subdivision is approximately 2.88 acres with the lots ranging in size from approximately 8,700 square feet to 12,700 square feet in size. The property where the subdivision is located is at 340 Grandview Drive and can be described as a portion of Assessor's Tract 5AA located in Section 6, Township 28 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. Thomas R. Jentz Planning Director Exhibit A George E. Schultz aka Kal-Mont Dairy Farm initial Zo in B 1 Upon Annexation r Description DESCRIPTION: X TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLAT!MkD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5, S89'57138"E 30.00 feet to a found iron pin on the easterly R/W cf a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said easterly R/W N00'03108"W 512.39 feet to a set iron pin; Thence leaving said R/W H89'57100"E 237.55 feet to a set iron pin and the P.C. of a 120.00 foot radius curve, concave southwesterly, having a central angle of 45`03100"; Thence along an arc length tf 94.35 feet to a set iron pin; Thence S45'00'00"E 241.23 feet to a set iron pin and the P.C. of a 120.00 foot radius curve, concave southwesterly, having a central angle of 44*53'10"; Thence along an arc length of 94.01 feet to a set iron pin; Thence S00*06150"E 222.62 feet to a set iron pin on the nor`herly R/W of a 60 foot county road known as West Evergreen Drive and the north boundary of Section 5; Thence along said R/W and along said north boundary N89'57138"W 528.20 feet to the point of beginning and containing 5.536 ACRES; Subject to and together with all appurtenant easements of record. t o / /6 79 1 ?>4 T 9 _ 10 it 12 m c - 1 W 4 48 1i 5H 42 A xb- �► add, d6 A ,1 3 7 .� 3 2 1 0 1G1 5K 1Z �a'• �� y7. a I i��ss �II�ACa 10 11 5 A ` STAGc' ��� � Subject 1l tE' 2.i 2 3 eU�, ` RUN 82 2' 3i 4, 5 � .-- 27' 25: 0sr U 57 5a A 55 7GL1�lY FSE14E 3 1 5A36 BARK 8 ,it � PARK A r 55 t 5 2 ' W if50 ryW i4 L was OR 6 H\2 4. 4a 4a. , , j 1 44 I129 p .20 ,17 ,` j 2 t - aq4 109 t2 11 10 5 11 111: 112 113' 114 115 119 i 1 117 116 g 32 � 6 108 + ' a SQL 3R L01 '�' 71 / 31 � LOST Lot 30 1 1�0 121 2? 123 1�005 t BA ! ' in 68 3 ! ti - 04 136 13T 138-1 139 140 F CKWICK CT "i 28 03 t 27 1 HILLCREST I EST 1 65 REM L26 �. 40 r Lot 10 1 ,,,41i VICINITY MAP KAL—MONT DAIRY FARM REQUEST FOR ANNEXATION AND INITIAL ZONING FROM B-1, NEIGHBORHOOD PROFESSIONAL BUSINESS EVERGREEN & VICINITY ZONING DISTRICT, .: B-1, CITY OF KALISPELL ZONING 1= DAM/ta/ss FILE KA-99-5 SCALE 1" = 400' &��"� 4 414 10 il 48 lot cis5H 4 1A a 2 let "Aft i 84 j5 401/ SE J4 fSRVE 3 --- PARK E3 V, PAW -5 53. w PARK Im, i CE�V IT* 4 OR .43 48 a 48 12OF A 2 44 - n 28 27 2 . wee 4 (cT PA OR 109 4 13 12 10 Ili 112.' 113: 114: 115 LOT N 9 8' 7 108 11 11 4!� 11 32 07 SUSSU -)R 71 31 LOT 70 06 30 Lot 1211 122 231 12� 49 1 P-A+ 05 126 68 29 04 136 13T 138. P!CK)VICK 140 67 '--34 28 03 f j# 66 2% 65 127 . ND HILL! CREST T.- RE' -;,a 16 37: - 36: 34 133 2 2M 126' Lot 10 7 ry 41I 42 - IM, ai 22 m VicmTym" KAL-MONT DAIRY- FARM REQUEST FOR PRELIMINARY PLAT APPROVAL OF A 5 LOT MINOR SUBDIVISION - VILLAGE PLAZA B-1, CITY OF KALISPELL ZONING ANNEXATION APPLICATION APE DING I PLX DATE.5/18/9s FILE & KSR,,-,,,,,99-2 SCALE 1- =Twob0'