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2. Ordinance 1672 - Zone Change - R. Dick Mitsch - 1st Reading
Planning Department 201 fat Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.coin/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT R. Dick Mitsch - Zone change from P-1, Public to B-2, General Business MEETING DATE: December 7, 2009 BACKGROUND: The Kalispell City Planning Board met on November 10, 2009 and held a public hearing to consider a request by R. Dick Mitsch for a zone change from P-1 to B-2 for 2 adjacent tracts of land containing 1.78 acres. The properties lie on the west side of Highway 93 South in Kalispell just south of the Kelly Road intersection. The property address is 2282 Highway 93 South (between Jackola Engineering and PENCO Power Products). The property abuts the city airport and is more particularly described as Tract A of COS 15749 and COS 6682 in Section 20, Township 28N, Range 21W, P.M.M. Flathead County, Montana. Kalispell Planning Department staff presented staff report #KZC-09-04 providing details of the proposal and the evaluation. Staff noted that the proposed B-2 zoning district is compatible with the surrounding land uses and also consistent with the Growth Policy which identifies the land as commercial. Staff recommended the board consider approving the zone change based on this and other facts determined in the findings of fact report. No one spoke either for or against the zone change at the public hearing. The board unanimously recommended the council consider approving the requested zone change of B-2 for the property. RECOMMENDATION: FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Sean Conrad Senior Planner A motion to approve the zone change request would be in order. Minor positive impacts once developed. As suggested by the city council. ane Howington City Manager ORDINANCE NO.1672 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY DE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT A OF COS 15749 AND COS 6682 LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY P-1 (PUBLIC)) TO CITY B-2 (GENERAL BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, R. Dick Mitseb, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-2, General Business, on approximately 1.78 acres of land, and WHEREAS, the property is located on the west side of Highway 93 South, just south of the intersection with Kelly Road, and WHEREAS, the petition of R. Dick Mitsch was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-09-4, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 10, 2009, and recommended that the zoning be. City B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KZC-09-4. 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 No. 1460) is hereby amended by designating the property described above as B-2, General Business, on approximately 1.78 acres of land. SECTION It. 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. SECTION III. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 21 ST DAY OF DECEMBER, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning November 30, 2009 Jane Howington, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Mitsch - Zone change from P-1 (Public) to B-2 (General Business) zoning district Dear Jane: The Kalispell City Planning Board met on April S, 2008 and held a public hearing to consider a request for a zone change from P-1 to B-2 for two adjacent tracts of land containing 1.78 acres. The properties lie on the west side of Highway 93 South in Kalispell just south of the Kelly Road intersection. The property address is 2282 Highway 93 South (between Jackola Engineering and PENCO Power Products). The property abuts the city airport and is more particularly described as Parcel A of COS 15749 and COS 6682 in Section 20, Township 28N, Range 21W, P.M.M. Flathead County Montana. Sean Conrad, of the Kalispell Planning Department, presented staff report #KZC-09-04 providing details of the proposal and the evaluation. He noted that the proposed B-2 zoning district is compatible with the surrounding land uses and also consistent with the Growth Policy which identifies the land as commercial. Staff recommended the board consider approving the zone change based on this and other facts determined in the findings of fact report. No one spoke either for or against the zone change at the public hearing. The board unanimously recommended the council consider approving the requested zone change of B-2 for the property. Please schedule this matter for the December 7, 2009 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan Schutt President Attachments: Staff report #KZC-09-04 and application materials Minutes of the 11 / 10/09 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: R. Dick Mitsch, P.O. Box 1273, Columbia Falls, MT 59912 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING NOVEMBER 10, 2009 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board CALL and Zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, John Hinchey, Rick Hull, C.M. (Butch) Clark, Chad Graham, Troy Mendius and Richard Griffin. Sean Conrad, P.J. Sorensen, and Tom Jentz represented the Kalispell Planning Department. There were approximately 70 people in the audience. APPROVAL OF MINUTES Clark moved and Hinchey seconded a motion to approve the minutes of the September 9, 2009 meeting of the Kalispell City Planning Board and Zoning Commission. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. MITSCH ZONE CHANGE - A request by R. Dick Mitsch for a zone change from P-1 P-1 TO B-2 (Public) to B-2 (General Business) for 2 tracts of land totaling 1.78 acres located on the west side of US Highway 93 South in Kalispell just south of the Kelly Road intersection. STAFF REPORT KZC-09-04 Sean Conrad, representing the Kalispell Planning Department reviewed staff report KZC-09-04. Conrad said this is a zone change request on property located on Highway 93 South which is approximately 2 acres in size. The planning board reviewed this property earlier this year when a zone change took place from B-2 to P-1 to accommodate a potential pre-release center which is no longer proposed to be located on this site. The property owner is now requesting that the business B-2 zoning be restored to the property. Conrad reviewed the location of the property and surrounding uses. Staff is recommending that the Kalispell City Planning Board and Zoning Commission adopt staff report #KZC-09-04 as findings of fact and recommend to the Kalispell City Council that the zoning for this property be changed to B-2 (General Business) . BOARD QUESTIONS None - APPLICANT/ CONSULTANTS None. PUBLIC HEARING No one wished to speak and the public hearing was closed. Kalispell City Planning Board Minutes of the meeting of November 10, 2009 Page 1 of 31 MOTION Hinchey moved and Grim seconded a motion to adopt staff report #KZC-09--04 as findings of fact and recommend to the Kalispell City Council that the zoning for this property be changed to B-2 (General Business) - BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC HEARING - SOUTH A request by the City of Kalispell to update and amend the KALISPELL AIRPORT existing "Kalispell City Airport/Athletic Complex REDEVELOPMENT PLAN Redevelopment Plan and Analysis". The proposed plan titled "South Kalispell/Airport Redevelopment Plan" expands the area of the existing redevelopment plan and includes goals and recommendations to achieve the following: * Expansion of the airport * Promote the in -fill development and redevelopment of commercial sites along the U.S. 93 corridor * Promote compatible land -uses adjacent and in close proximity to the airport * Create incentives for development of vacant land and redevelopment of industrial parcels along the U.S. 93 corridor. The proposed "South Kalispell/Airport Redevelopment Plan" boundary can be generally described as areas on the east and west sides of U.S. 93 from 14th Street East south to Cemetery Road. Cemetery Road makes up the southern boundary and Airport Road makes up the western boundary. STAFF REPORT Sean Conrad, representing the Kalispell Planning Department reviewed the plan for the board. Conrad also reviewed the purpose of the planning board's review of the South Kalispell Airport Redevelopment Plan. He said the proposed plan reflects the accomplishments since the original analysis was completed in 1996 and discusses the goals then which included removing the athletic fields east of the airport and extending water and sewer lines down Highway 93 which have both been accomplished. Conrad added there has also been significant development in this area including Rosauer's, the Hilton. Garden Inn, the South Tower complex, and the Glacier Toyota dealership. Conrad continued the goals also include incorporating recommendations of airport studies, providing consistency with the city's Growth Policy which was updated in 2003, and reviewing the boundaries of the planning area to reflect all the changes that have occurred within those boundaries. Conrad reviewed the proposed boundary of the plan area. Kalispell City Planning Board Minutes of the meeting of November 10, 2009 Page 2 of 31 MITSCH REQUEST FOR ZONE CHANGE FROM P-1 to B-2 STAFF REPORT #KZC-09-04 KALISPELL PLANNING DEPARTMENT OCTOBER 28, 2009 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a zone change for two lots from P-1 (Public) to B-2 (General Business). A public hearing has been scheduled before the Kalispell City Planning Board on November 10, 2009 beginning at 7:00 PM, to consider the zone change request. The Planning Board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION: The owner is proposing to amend the Official Kalispell Zoning Map on two lots from the existing P-1 to B-2, a zone intended to accommodate a wide variety of commercial uses. The properties were recently rezoned from B-2 to P-1 to accommodate a pre-release center. The center is no longer proposed at this location and the owner is requesting the zoning revert back to the previous B-2 zoning district. This report evaluates the zone change request in accordance with Section 27.30.020 of the Kalispell Zoning Ordinance. A. Petitioner and Owner: R. Dick Mitsch P.O. Box 1273 225 Rosewood Drive Columbia Falls, Montana 59912 (406) 892-7922 B. Location, Size and Legal Description. of Property: The owner is requesting the zone change for 2 adjacent tracts of land containing 1.78 acres. The properties lie on the west side of Highway 93 South in Kalispell just south of the Kelly Road intersection. The property address is 2282 Highway 93 South (between Jackola Engineering and PENCO Power Products). The property abuts the city airport and is more particularly described as Parcel A of COS 15749 and COS 6682 in Section 20, Township 28N, Range 21W, P.M.M. Flathead County Montana. C. Existing Zoning: The property is within city limits and is currently zoned P-1 (Public) . This district is intended to provide and reserve areas for public uses including public buildings, schools, parks, airports and governmental buildings. The minimum lot size is 7,000 square feet and maximum building height is set at 40 feet with up to 60 feet by conditional use permit. D. Proposed Zoning: The owner is requesting the B-2 (General Business) zoning district for the properties. The intent of the B-2 zoning district is to provide for a wide array of retail sales, services and business whose operations are typically characterized by outdoor display, storage and sale of merchandise. The minimum lot size is 7,000 square feet and maximum building height is set at 40 feet with up to 60 feet by conditional use permit. E. Eadsting Land Use: Currently the properties contain a vacant 12,750 square foot single story office building formally housing the State Health and Human Services Building. The site also contains parking for 26 vehicles. East side of site facing frontage road and Highway 93 South North side of office building on site F. Adjacent Land Uses and Zoning: The area surrounding the subject property includes a variety of commercial, office and public land uses. To the north lies 2 Jackola Engineering as well as a restaurant and furniture store. To the south lies PENCO Power Products which sells recreational vehicles. To the west behind a portion of the site lies a storage building for PENCO and then the city airport. To the east of the site lies Highway 93 South and retail uses such as, Kalispell Marine boat sales and Captain's Marine boat sales. North: Professional office, restaurant, B-2 zoning East: Kalispell Marine boat sales, County B-2 zoning South: Recreational vehicle sales, B-2 zoning West: City Airport, P-1 zoning G. General Land Use Character: The character along Highway 93 South is a general commercial entrance to the City of Kalispell typified by large lot commercial sales, office uses, and restaurants and hotels to serve the existing and traveling public. Architecture and signage is improving with the influx of several new buildings. The dominant public feature along the west side is the Kalispell City Airport. Highway 93 South serves as a major arterial and both defines and severs the neighborhood. H. Availability of Public Services and Extension of Services: All public services are located in the Highway 93 South R/ W and available to this site. The site is currently developed and connected to all public services. 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. 1. Does the requested zone coMply with the gEowth policy? The property is designated by the Kalispell Growth Policy 2020 as commercial (retail, offices, services, mixed uses, residential). The site is presently developed as an office that previously housed the State Health and Human Services Offices. The property is also designated as a Gateway Entrance Corridor. The Gateway Entrance Corridor designation is intended to denote areas that emphasize a pleasing entrance to the city and that allows for a compatible mix of office, commercial and public facilities which do not create off -site impacts. The requested zone change would comply with and implement the growth policy both in its location and use. 2. is the requested zone designed to lessen congestion in the streets? The uses allowed under the proposed B-2 zone would potentially generate the same or less traffic than would be anticipated under the existing P-1 zone. B-2 zoning is one of the more intensive traffic generating uses in the zoning ordinance. The property is currently developed as a former state office building. Office uses, whether zoned public or general commercial are not significant traffic generators. Regardless of this, the property does abut Highway 93 South a major arterial and part of the Federal Highway system. This road is designed 3 and intended to carry the traffic from this site. In addition, this particular site is served by a frontage road which directs its traffic to a stop light at the Kelly Road intersection with Highway 93 South. This stop light will serve to moderate any traffic impacts to the larger highway system. The proposed zone would not add to congestion in the area. 3. Will the .requested zone secure safety „from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the city which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service are available to the property and will be utilized. 4, Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for mixed uses in the community. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development on this site are provided for in the Kalispell Zoning Ordinance to insure adequate light & air is provided. 6. Will the.reguested zone prevent the overcrowding of land? As previously noted, properties to the north and south of the project site are currently zoned B--2. This area has been anticipated for general commercial uses which tends to be one of the most intensive use categories in terms of demand for services, trip generation, etc. The site is fully serviced by water, sewer, storm water services and police and fire services of the city. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is not the case. 7. Will the re uested zone avoid undue concentration of people? Minimum lot standards and use standards will avoid the undue concentration of people at the time the property is further developed. 8. Will _-........requestedadequate provision of transportation, water, sewerage, schools, parks, and of the -- � other public requirements? All public services and facilities are currently available to the property. The site abuts Highway 93 South, a major arterial highway. A frontage road provides access to Highway 93 South via a light controlled intersection. Development should be encouraged in areas where these services are available. B-2 uses will 4 benefit from the presence of all public services and the immediate access to the transportation system. 9. Does the requested zone ve consideration to the particular suitability of the propertY for particular uses? The proposed B-2 zoning district is consistent with the existing and anticipated land uses in the area and gives due consideration of the suitability of the properties for the permitted uses in the district. There are no limitations on the two lots with both sites being level. New construction would be required to be architecturally harmonious with adjacent structures and all zoning regulations, building codes and fire codes need to be complied with. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area to the north and south is urban sized lots with commercial and professional office development. No residential areas are nearby. The site itself is developed as a former state office building. However, these lots have been increasingly used for commercial or office development. The same type of development can be anticipated to occur on the properties included in the zone change request and will be consistent with the character of the district. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the B-2 zoning will allow the existing office building to remain as a permitted use. Any new construction will be required to be architecturally harmonious with the existing architecture and meet the architectural guidelines for the city in light of its location in an entrance corridor. 12. Will the reguested zone encourage the most appropriate use of the land throughout the municipality? The proposed B-2 zone is an expansion of the existing B-2 zones both to the north and south of the project site. The B-2 zone allows for a variety of uses including the professional office use which complies with the existing development for the site. In addition, the B-2 zone allows for a series of compatible uses along the entrance to our city next to the city airport. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Coxnnussion adopt the findings in Staff Report #KZC-09-04 and recommend to the Kalispell City Council that the zoning for this property be changed to B-2 (General Business). Punning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin PETITION FOR ZONING MAP AMENDMENT NAME OF APPLICANT: 12 b i C-I-- ol ( T-S L 14 MAIL ADDRESS: CITY/STATE/ZIP: PHONE: 4?`% 1-- ` 7 l- z-� INTEREST IN PROPERTY: PC- E 1 i m �� G3 L-Y tJ ffl`— PLEASE COMPLETE THE FOLLOWING: C'+ A. Address of the property: a�� ? 2 / � `�_ _X 3, S-0 ct,7-H B. Legal Description.: (Subdivision Name, Lot & Block and/or Tract Number (Section, Township, Range) (Attach sheet for metes and bounds) C. Land in zone change (ac) D. The present zoning of the above property is: E. The proposed zoning of the above property is: Z F. State the changed or changing conditions that make the proposed amendment necessary: v2�4�L(� HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy '-1-6 1�,J o /` 7`/4 LA -7 1� 2- C- B. Lessening congestion in the streets and providing safe access FIZarJTA6C 6A L) cc ss VIA C0NT2-pLL&D I C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population A,D C-00 MIL 4 9//-/rJ 6� 61'J G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities 2 H. Giving reasonable consideration to the character of the district 4�.©/ T/ "6( O Gr S d G ff' % "C-S /.f,% l'-C' -,-- c, ,.i 1. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during approval process. (Applicant Signature) � T (Date) 3 kin 3 A j F -A R Tt 12) blkq P-1 R- DICK KITSCH ii ca - t". E304A K13AA r-e, i 'AAK �77 7 p T3 rb 7FIA 7FEi & '10,N E P-1 --subjed Tot, 7ABC Rh SUBDIVIS1014 7L 71 7F 2JB t7C REVISED VICINITY MAP REQUEST FOR ZONE CHANGE FROM P-1 (PUBLIC) TO B-2 (GENERAL BUSINESS ON APPROXIMATELY 2 ACRES PLOT DATF IJYI;09 FILE# KZC-09-04 APPLICANT: R. Dick Mltsch FILE NO: KZC-09-04 I, the undersigned certify that I did this date mail via Certified Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where a zone change has been requested. S-T-R: 20-25-21 Tract/ Lot: 2ACA & 2AD Property Owners: R. Dick Mitsch P.O. Boer 1273 Columbia Falls, MT 59912 Ross Pickert Coldwell Banker 1.05 Baker Avenue Whitefish, MT 59937 Date: AND ATTACHED LIST Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 wWWAalispell.com/planning You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office at (406) 758-7940 for additional information or visit our website at www.kalisRell.com/planning under "Planning Board Projects". Written comments may be submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at p tannin a k ah sp ell. corn.. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION November 10, 2009 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, November 10, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take fmal action. 1. A request by R. Dick Mitsch for a zone change from P-1 (Public) to B-2 (General Business) for 2 tracts of land totaling 1.78 acres located on the west side of US Highway 93 South in Kalispell just south of the Kelly Road intersection. The property address is 2282 US Highway 93 South and is more particularly described as Parcel A of COS 15749 and COS 6682 in Section 20, Township 28N, Range 21W, P.M.M. Flathead County Montana. 2. A request by the City of Kalispell to update and amend the existing "Kalispell City Airport/Athletic Complex Redevelopment Plan and Analysis". The proposed plan titled "South Kalispell/Airport Redevelopment Plan" expands the area of the existing redevelopment plan and includes goals and recommendations to achieve the following: • Expansion of the airport • Promote the in -fill development and redevelopment of commercial sites along U.S. 93 corridor • Promote compatible land -uses adjacent and in close proximity to the airport • Create incentives for development of vacant land and redevelopment of industrial parcels along the U.S. 93 corridor. The proposed "South Kalispell/Airport Redevelopment Plan" boundary can be generally described as areas on the east and west sides of U.S. 93 from 14th Street East south to Cemetery Road. Cemetery Road makes up the southern boundary and Airport Road makes up the western boundary. 3. A request by NW Dev Group, LLC for annexation and initial zoning of I-1 (Light Industrial) and R-3 (Urban Single Family Residential) on a 160.5 acre site. The property is currently zoned SAG-10 (Suburban Agricultural-10 Ross Pickert Comm i<5970 seling & Coldwell Banker R. Dick 1273sch Correctices, Inc. 105 Baker Avenue P.O. Box 1273 471 st ry Columbia Falls, MT 59912 Whitefish, MT 59937 te, MT White Bear Island Marine, Inc 4250 Lower River Road Great Falls, MT 59405 2250 Highway 93 South, LLC P.O. Box 1134 Kalispell, MT 59903 M.Urcon Deg elopinent, Inc. 25.10 530.8t..Averiue SW Calgary, AB; Canada '.T21? 3S8 Laurie Tutvedt P.O. Box 7396 Kalispell, MT 59904 Mountain West Bank of Kalispell P.O. Box 7070 Kalispell, MT 59904 Park Bottling Company AD% Pepsi Cola 100 Kelly Road Kalispell, MT 59901 Penrod Brothers LLP 214 Main LLC City of Kalispell 2310 Highway 93 South AD% Steve Blair Attn: City Clerk Kalispell, MT 59901 52 Camino Real P.O. Box 1997 Rancho Mirage, CA 92270 Kalispell, MT 59903 STATE OF MONTANA. FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS; THAT HE IS THE LEGAL CLERK. OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 15286 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND INT EACH AND EVERY COPY THEREOF ON THE DATES Of Oct. 25, 2009 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. bUE� ----- A 1. cto DOHOTHY I. 6LENCROSS ` IN? 'c ig0TAHY PUBLIC Sor the cc) �r v Stale or Montana * SEAL k Hesiding at Kalispoli, Montana �reof My Commission Expires mo(�a Seplember 11, 2013 Subscribed and sworn to Before ine this October 26, 2009 Dorothy I. Gl6ak:ross Notary Public for the State of Montana Residing in Kalispell My commission expires 9/1 I/20I3