7. Resolution 4396 - Hines Annextion/Ordinance 1285 - Zoning - 1st ReadingAGENDA ITEM 7 - (A) RESOLUTION 4396 - HINES ANNEXATION
(B) ORDINANCE 1285 - INITIAL ZONING
BACKGROUND/CONSIDERATION: I have enclosed the report from the Planning
Board and FRDO Staff.
RECOMMENDATION: Upon review of the Findings of Fact, no opposition at the
public hearing, and the 8-0 vote by the Planning Board, I concur with the recommendation
to annex and initially zone this parcel to B-2. This is compatible with current use in the
immediate area.
ACTION REQUIRED: This project requires two separate actions:
l . Approval of the annexation by Resolution 4396 will complete the initial process.
2. V reading of Ordinance 1285 will begin the zoning process.
RESOLUTION NO. _4 9EL
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REAL PROPERTY DESCRIBED IN EXHIBIT A, TO BE KNOWN AS HIKES ADDITION
NO. 285; TO ZONE SAID PROPERTY GENERAL BUSINESS, B-2, TO AMEND THE
CITY ZONING DAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Donald W. Hines, the owner of property located on the west side of
Highway 93 South 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 with a General Business, B-2
zoning classification, and
WHEREAS, the Flathead Regional Development Office has made a
report on Hines Addition No. 285, Annexation and Zoning Request,
#KA-98-2, dated March 2, 1998, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell and be zoned General Business, B-2, and
WHEREAS, Hines Addition No. 285 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 RESOLVE BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described in
Exhibit A, annexed to the City of Kalispell and the
boundary of the City is altered to so provide, and shall
be known as Hines Addition No. 285.
SECTION II. Upon the effective date of this Resolution,
the City Clerk of Council 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 of Council, or on the
j:\wp\res:Hines -1-
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.
SECT2QN 22I. The territory annexed by this Resolution
shall be zoned in accordance with the Kalispell Zoning
Ordinance.
SECTTONI L. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 1998.
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
j:\wp\res:Hines -2-
`,a :
REQUEST Ft ♦ '
LEGAL DESCR.iPTIOA
A tract of land in the NW1/4SE1/4 of Section 20, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, and more paniculary described as
follows:
BEGINNING at the most Northerly corner of that tract as shown as Tract 1,
Certificate of Survey # 7123, records of Flathead County, said corner being on the
Southwesterly Right -of -Way of U. S. Highway No. 93, thence
SOUTH f7 Degrees 06 Minutes 30 Seconds WEST 259.44 feet to a set iron pin;
thence
NORTH 32 Degrees 53 Minutes 10 Seconds WEST 260.14 feet to a found iron
pin; thence
NORTH 57 Degrees 10 Minutes 05 Seconds EAST 259.70 feet to a point on the
Southwesterly R/W of U. S. Highway No. 93; thence,
SOUTH 32 Degrees 50 Minutes 29 Seconds EAST along said R/W 259.86 feet
to the POINT OF BEGINNING and continuing 1.549 acres, more or less. Subject
to and together with a 30 foot wide access and utility easement along the
Southerly boundary, as shown hereon. Subject to and together with all easements
of record.
ORDINANCE NO. 12$5_
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT A(PREVIOUSLY ZONED
COUNTY B-2, GENERAL BUSINESS), CITY B-2, GENERAL BUSINESS, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Donald W. Hines, the owner of property described in
Exhibit A, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land be
changed to City B-2, General Business, and
WHEREAS, the property as described exists as property
surrounded to the North by City B-2 classification, to the East by
County B-2 and I-1 classification, to the South by County B-2
classification, and to the West by City I-1 and P-1 classification,
and
WHEREAS, the petition of Donald W. Hines was the subject of a
report compiled by the Flathead Regional Development Office, #KA-
98-2, dated March 2, 1998, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be zoned City B-2, General Business, as
requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the property as described
be zoned City B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described City B-2, General
Business, the City Council adopts, based upon the criterion set
forth in Section 76-3-608, M.C.A., and State. Etc. v. Board of
County Commissioners, gtc. 590 P2d 602, the findings of fact of
FRDO as set forth in Report No. KA-98-2.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
,SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance #1175) is
hereby amended by designating the property described in
Exhibit A, as City B-2, General Business.
j:wp\ord\Hines 1
SSCTION-II. The balance of Section 27.02.010, Official
Zoning Map, City of Kalispell Zoning Ordinance not
amended hereby shall remain in full force and effect.
STECI'_10H__LIZ. This Ordinance shall be effective thirty
(30) days from and after the date of its final passage
and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS DAY OF , 1998.
Wm. E. Boharski., Mayor
Theresa White
Clerk of Council
j : wp\ord\Hines 2
EXHIBIT
O
REQUEST f O.
W__
LEGAL. DESCRI:P'TION
A tract of land in the NW1/4SEl/4 of Section 20, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, and more particulary described as
follows:
BEGINNING at the most Northerly corner of that tract as shown as Tract 1,
Certificate of Survey # 7123, records of Flathead County, said corner being on the
Southwesterly Right -of -Way of U. S. I.lighway No. 93, thence
SOUTH 57 Degrees 06 Minutes 30 Seconds WEST 259.44 feet to a set iron pin;
thence
NORTH 32 Degrees 53 Minutes 10 Seconds WEST 260.14 feet to a found iron
pin; thence
NORTH 57 Degrees I0 Minutes 05 Seconds EAST 259.70 feet to a point on the
Southwesterly R!W of U. S. Highway No. 93; thence,
SOUTH 32 Degrees 50 Minutes 29 Seconds EAST along said R/W 259.86 feet
to the POINT OF BEGINNING and continuing 1.549 acres, more or less. Subject
to and together with a 30 foot wide access and utility easement along the
Southerly boundary, as shown hereon. Subject to and together with all easements
of record.
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
March 11, 1998
Clarence Krepps, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Donald Hines Request for Annexation and Initial Zoning of B-2
Dear Clarence:
The Kalispell City -County Planning Board met on March 10, 1998, and held a public
hearing to consider a request by Donald Hines for initial zoning of B-2, General
Business upon annexation into the city. The property proposed for annexation contains
approximately 1.549 acres, located on the west side of Highway 93 South, directly
south of Big R Home and Ranch Supply. It is currently zoned County B-2, General
Business. It can be described as Assessor's Tract 7A_4B in Section 20, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
Narda Wilson of the Flathead Regional Development Office presented a staff report and
recommended City B-2 zoning for this parcel upon annexation. The property owner
spoke in favor of the B-2 zoning, and stated he has already extended City water and
intends to hook up to City sewer in the future. Part of the parcel is already in the City
and he would like to bring the remainder in. No one spoke in opposition.
A motion to adopt staff report #KA-98-2 as findings of fact and recommend approval of
the proposed B-2 zoning upon annexation passed unanimously on a vote of eight in
favor and none opposed.
A recommendation for the proposed B-2 zoning upon annexation of this property is
being forwarded to City Council for consideration at their regular meeting on March 16,
1998. Please contact this board or Narda Wilson at the Flathead Regional Development
Office if you have any questions regarding this matter.
Sincerely
Kalispell City -County Planning Board
Therese Fox -Hash
President
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • Cite of Kalispell • City of Whitefish •
Donald Hines Annexation
March 11, 1998
Page 2
TFH/1VW/eo
Attachments: FRDO Report #KA-98-2 w/ application materials
Draft Minutes 3/ 10/98 Planning Board meeting
Exhibit A (legal description)
c w/o Att: Donald Hines, PO Box 2721, Kalispell, MT 59903
c w/ Att: Kalispell City Clerk
H: \TRANSMIT\KAL\ 1998 \KA98-2
DONALD W. HINES
REQUEST FOR ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KA-98-2
MARCH 2, 1998
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request by Donald W. Hines for annexation and initial zoning. A hearing
has been scheduled before the Kalispell City -County Planning Board for March 10,
1998 beginning at 7:00 PM in the Kalispell City Council Chamber. The Planning Board
will forward a recommendation to the Kalispell City Council for final action.
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 extend City services to his property and is requesting annexation in order
to do so.
A. Petitioner and Owners: Donald W. Hines
P.O. Box 2721
Kalispell, MT 59903
(406)752-7772 (h)
(406)755-3700 (w)
B. Location and Legal Description of Property: The property proposed for
annexation is located on the west side of Highway 93 South and directly south of
Big R Home and Ranch Supply. The property contains approximately 1.549
acres and can be described as Assessor's Tract 7AAB located in Section 20,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Existing zoning: This property is currently located in the County zoning
jurisdiction and is zoned B-2, a General Business zoning district which allows a
wide variety of general retail and uses requiring outdoor display. This zoning
district is intended to provide an area for businesses which require outdoor
display and are typically accessed by automobile.
D. Proposed Zoning: The property owner is requesting City B-2 zoning, also a
General Business zoning district which allows a Ride variety of general
commercial, retail and auto oriented uses which require outdoor display of
merchandise. Under the City B-2 zoning district, the existing business on the
property, Hines Automotive is a permitted use. Under the County B-2 zoning the
existing business is a conditionally permitted use. The property owner has plans
to expand his existing business once annexed into the city.
E. Size: The area proposed for annexation and zoning contains approximately
1.549 acres.
1
F. Existing Land Use: Currently this property is occupied by Hines Automotive, a
automobile repair business. Under the County zoning, this is a conditionally
permitted use. Under the City zoning, this is a permitted use. Mr. Hines plans
for expansion will be more easily accommodated under the City B-2 zoning which
will not require a public hearing or the notification of surrounding property
owners.
G. Adjacent Land Uses and Zoning: The character of the immediate area is
generally commercial. There is a retail sales business to the east and to the
north. Additionally, there are general retail sales in the area. The City Airport
lies to the west.
North: Big R Home and Ranch, City B-2 zoning
South: Burton's TV and Appliance, County B-2 zoning
East:: Furniture sales, auto sales; County B-2 and I-1 zoning
West: Glacier Boat Builder and the City Airport,
City I-1 and P-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: City sen-ices will be made available to this
property upon annexation which include fire and police service, as well as public
water and sewer. The reason for this annexation request is so that the property
owners can connect to the City of Kalispell Rater and sewer. The property owner
experienced a broken water line during the subzero temperatures this winter.
He also intends to expand this business.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for review ing a change in zonir g 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-2 zoning district complies with that master plan
map designation, as well as the goals and policies of the document.
2. Is the requested zone designed to lessen congestion in the streets?
Rezoning this property may result in additional traffic generated from the
2
property especially once the property owner expands his business. However, this
property fronts along Highway 93 which is scheduled for reconstruction to
accommodate traffic in the area and to proLzde greater capacity.
3. Will the requested zone secure safety from fire, panic, and other dangers?
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services are adequate.
4. Will the requested zone promote the health and general welfare?
Because this annexation will enable the property owners to connect to public
sewer and expand a business on full public services, the public health and
welfare of the community will be served by encouraging compact commercial
development within the city core.
S. Will the requested zone provide for adequate light and air?
The existing business and its expansion will be required to comply with the
development standards of the district which assures that there is adequate light
and air.
6. Will the requested zone prevent the overcrowding of land?
The requested zoning designation is consistent with other zoning in the area and
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. Technically, this will allow for the expansion of the business
under this zoning. The lot size requirements for the district avoid the undue
concentration of people in the area.
8. Will the requested zone facilitate the adequate pro«sion 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 zoning in the surrounding area and
the uses in the area. The proposed zoning is consistent with the master plan
map designation and anticipated development. The requested zone gives
appropriate consideration for the suitability of this area for the uses allowed
3
under the B-2 zone.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is commercial. The use on the property is
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.
11. Will the proposed zone conserve the value of buildings?
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.
12. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate use of land throughout the jurisdiction appears to be
commercial. 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-98-2 as findings of fact and forward a recommendation to City Council that the
initial zoning for this property should be B-2, General Commercial, upon annexation.
H: \... \ REPORTS \K-X\98 \KA98-2
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VICMPIY
DONALD W. HINES / HINES AUTOMOTIVE CENTRE
RQUEST FOR ANNEXATION INTO KALISPELL &
E. NITIAL ZONING OF B-2, GENERAL BUSINESS
CURRENTLY ZONED B-2 GENERAL BUSINESS,
WESTSIDE ZONING DISTRICT
PLOT DATE:03/02/98
SCALE 1" = 400' H:\gis\site\KA98_2.dwg
DOS` HItiES
P.O. Box 2721
Kalispell, NIT 59903
Home: (406) 752-7772
Work: (406) 755-3700
To Whom It May Concern,
RECEIVED
JAN 14 1998
tLATHIAO REGIONS►.
OEyELOifmakT Officf
January 14, 1998
I would like to have the remaining portion of my property at 2400 FEghway 93 South, Kalispell,
Montana to be annexed by the city of Kalispell. (See attached sheets.) The legal description is
NTW'/4 SE'/4 of Sec 20, Township 28N, Range 21 W, P�Ltii Flathead County.
The north 60 feet of the property is already within the city limits. I would like the remainder
annexed so that I may be provided the municipal ser-vices at hand.
The property is zoned B2 by the city.
I have extended the city water main to the south boundary of the property as required. The main
reason for the annexation is to hook onto the city water system.
Thank you.
Sincerely,
Don Hines
NO.
,,RE THE C.TY CCUNCIL
OF THE
C-TY 0♦° KAi1-S?_ a .ram
PETITION FOR ANNEXATION TO CITY
CCU^.E `IOW 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 r r /1 Rural
Fire District.
The cetiti.oner(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 :fade 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 �� ,I , 19
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PROPERTY ADDRESS:
i
OWNER
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WrTHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
TTHIS AGREEMENT, made and entered into this
day of. JOif f��J1997, by and between
hereinafter PARTY(S) OF INTEREST ( INCLUDES OWNER(S), LIENHOLDER(S), OR
CONTRACT SELLERS(S) J and the CITY OF KALISPELL, Flathead County, Montana,
hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other 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 5 — ,! Fire District
under the provisions of Section 7-33-2127, Montana Code Annota�t 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 PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and
be binding upon the title of the said real property, and shall be binding upon our heirs, assigns,
successors in interest, purchasers, and any and all subsequent holders or owners of the above
described real 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 _/;j�,cZ day of 199 7
PARTY(S) OF INTEREST
CITY OF KALISPELL
City Manager
ATTEST:
Finance Director
88 — The Daily Inter hake, Sunday, February M 1996
. L A by the
City of Kalispell for an
amendment to the Kalis-
pell Zoning Ordinance,
Section 2729-030, Design
Smr4ards for Skoe Faml-
ty Dwellings. The pro-
Wirrary require-
ments for manufactured
Min. ft city of Kalls-
p�p� amendment Is
beng irtiBated because the
No 1f1S
current requirement that
NOTICE OF PUBLIC
manufacti ed homes best
the insignia of approval
HEARING
from the Building Codes
KALtSPELt CITY-
Division of the Slate of
COUNTY PLANNING
Montana has been found
BOARD AND ZONING
to be Conflict with the
COMMISSION
Federal
a
The regular meeting of
ndOonManufactured
the Kalispell City -County
Safety Standards Act of
Planning Board and Zon-
1974. This zoning text
ing Commission is sched-
amendment is intended to
uled for Tuesday, March
correct this conflict and
10, 1998, beginning at
would effect all areas of
7:00 PM in the Kalispell
the cof Karspell which
City Council Chambers,
allow single fadwell-
rm
Kalispell City Hail, 312
First Avenue East, Kalis-
3. A request byings-
pell. During this regularly
Don Nunes for annexation
scheduled meeting, the
into the city of Kalispell
Board will hold public
and 4i of B-2, a
hearings to consider the ;
General Busyness zoning
following agenda items
district. The property is
and make a recommenda-
currently located in the
I tion to the Kalispell City
Councd take fir+ai
County zoning jurisdiction
who will
and is zoned B-2, a Gen -
action:
1. A request by
eral Business zoning dis-
trill. The ,s t-
Fiathead Health Center,
west
ed on the side of
Inc. for a conditional use
Highway 93 South, south
permit to allow the place-
of Big R Horne and Ranch
ment of a temporary office
Supply. The property con -
building. The proposed
tarns approximately 1.549
temporary building will be
acres and can be descri-
a 60 foot by 24 foot mode- '
bed as Assessor's Tract
lar building which is in-
7AAB located in Section
tended to provide office
20, Towr:ship 28 North,
(
space for approximately
Range 21 West, P.M.M.,
seven gmployees from
I Flathead County, Monta-
Corporate Acc6anting.'
rya
These employees will be
displaced during the instal-
Docur,erts pertaining to
these agenda items are on
lation of a new computer
file in the F}ati.ead Region -
system. The building may
al Development Office,
be needed for up to two
723 Fifth Avenue East,
years. The property pro-
Room 414, Kalispell, MT
posed for the building is
j 59901, (406)758-5980,
zoned H-1, a Hospital zorr,
and are avaAabie for public
ng d+� which lists tem.-review
during regulr of-
porary buildings as a con-
fic:e houm
ditionally permitted use.
Interested persons are
The property is located
encouraged to attend the
south of Kalispell R g
+
hearings and make their
Hospital and east of C�
views and ems known
mont Street The property
to the Board. Comments
address is 325 Claremont
Street, Kalispell The
in writing^na be submit-'
Win
property can be described
Lot 1, Flathead Hearth
ted to Nra of the
Flathead Regional Dever--
Center Addition
C in
opment ice at the
Township
Section 6. Township 28
above address to the
�
North, Range 21 West,
date d the
P.M.M., Flathead County,
Thomas R Jentz
Montana
Pianning 1�wactor
. February 22, 1998
L�•.i. ( I I ( if I {o .a.}_°a, i ,or'eo) r 0• ►a.: h`,
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CONTRACT FOR. SALE OF REAL PROPERTY
11
THIS AGREEMENT made this day of 1995 between
EDWARD L. HINES TRUST, Edward L. Ilines, Trustee, of P. O. Box 567, Kalispell, Montana
59901, hereinafter referred to as "SELLER", and DONALD W. HINES, of 2400 Highway 93
South, Kalispell, Montana 59901, hereinafter referred to as "BUYER",
WITNESSETH:
That the Seller, in consideration of payments to be made and covenants to be performed
by Buyer, as herein specified, does hereby agree to grant, sell and convey to said Buyer, by good
and sufficient deed, that real property situated in the County of Flathead, State of Montana,
known and described as follows:
A tract of land in the NWI/4SEl/4 of Section 20, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, and more particulary described as
follows:
BEGINNING at the most Northerly corner of that tract as shown as Tract 1,
Certificate of Survey # 7123, records of Flathead County, said corner being on the
Southwesterly Right -of -Way of U. S. highway No. 93; thence
SOUTH 57 Degrees 06 Minutes 30 Seconds WEST 259.44 feet to a set iron pin,
thence
NORTH 32 Degrees 53 Minutes 10 Seconds WEST 260.14 feet to a found iron
pin; thence
NORTH 57 Degrees 10 Minutes 05 Seconds EAST 259.70 feet to a point on the
Southwesterly R/W of U. S. Highway No. 93; thenct,
SOUTH 32 Degrees 50 Minutes 29 Seconds EAST along said R/W 259.86 feet
to the POINT OF BEGINNING and continuing 1.549 acres, more or less. Subject
to and together with a 30 foot wide access and utility easement along the
Southerly boundary, as shown hereon. Subject to and together with all easements
of record.
2 - Purchase Price
KALISPELL CITY -COUNTY PLANNING BOARD
A:ND ZONrNG CON[MISSION
MIJvTUES OF MEETDiG
MARCH 10, 1998
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND ROLL C4L Board and Zoning Commission was called to order at 7:02 p.m. Board
members present were Don Garberg, Walter Bahr, Joe Brenneman, Milt
Carlson, Don Dines, Therese Hash, Jean Johnson, Gregory Stevens, and
Rob Heinecke. The Flathead Regional Development Office was
represented by Narda Wilson, Senior Planner. There were 4 people in
the audience.
APPROVAL OF The minutes of the meeting of February 10, 1998 were approved as
MUNUTES written on a motion by Bahr, second by Carlson.
FLATHEAD The first public hearing was introduced on a request by Flathead Health
HEALTH CENTER Center, Inc. for a conditional use permit to allow the placement of a
CONDITIONAL temporary office building which is intended to provide office space for
USE PERMIT approximately seven employees in an H-1, Hospital zoning district. The
property is located south of Kalispell Regional Hospital at 325 Claremont
Street, Kalispell.
Rob Heinecke declared a conflict of interest and stepped down from the
Board.
Staff Report Wilson presented an overview of report #KCU-98-3. The application
was reviewed in accordance with all the necessary criteria, and four (4)
conditions of approval were recommended.
Public Hearing The public hearing was opened to those in favor.
In Favor David Greer, planning consultant for Northwest Healthcare, explained
the request which is part of their long term plans for the facility. There
wU not be an increase in employees or need for parking. No existing
parking will be displaced.
No one else spoke either in favor or in opposition. The public hearing
was closed and opened to Board discussion.
Board Discussion There was discussion on the temporary nature of the office building. It
Kalispell City -County Planning Board
Minutes of Meeting of March 10, 1998
Pagel of 2
will be set on a temporary foundation that is acceptable to the Building
Department. An administrative conditional use permit could be issued if
there is a need to have an extension on the permit.
Motion Bahr made the motion to adopt the findings of fact in report WCU-98-3,
and forward a favorable recommendation to City Council to grant the
conditional use permit subject to the four (4) conditions. Carlson
seconded. On a roll call vote, the motion carried 8-0.
Heinecke returned to the Board.
HINES The next public hearing was introduced on a request by Don Hines for
ANNEXATION annexation into the city of Kalispell and initial zoning of B-2, General
WITH INITIAL Business zoning district. The property is located on the west side of
ZONING / B-2 Highway 93 South, south of Big R Home and Ranch Supply.
Don Hines declared a conflict of interest and stepped down from the
Board.
Staff Report Wilson gave a presentation of report #KA-98-2, with a recommendation
to zone the property B-2 upon annexation into the City of Kalispell.
Public Hearing The public hearing was opened to those in favor.
In Favor Don Hines, the applicant, spoke in favor, and explained the reason for
the request.
No one else spoke either in favor or in opposition. The public hearing
was closed and opened to Board discussion.
Motion Carlson moved to adopt staff report #KA-98-2 as Endings of fact and
forward a favorable recommendation to City Council to zone the
property B-2, General Business upon annexation. Bahr seconded. On a
roll call vote, the motion carried 8-0 in favor.
Kalispell City -County Planning Board
Minutes of Meeting of March 10, 1998
Page 2 of 2