2. Presentation - Annexation & Zoning with PUD Placeholder - Siderius Family Limited PartnershipPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
WWW.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT: Siderius Family Limited Partnership, Josephine R. Siderius Living
Trust, Jo Lynn Yenne, Patricia A. Sanders, Raymond E. Siderius,
and Linda L. Siderius - Annexation and Initial Zoning of B-2/PUD
(General Business/Planned Unit Development Placeholder) and
RA-1/PUD (Low Density Residential Apartment/Planned Unit
Development Placeholder)
MEETING DATE: February 2, 2009
BACKGROUND: The Kalispell City Planning Board met on January 13, 2009 and
held a public hearing to consider a request for annexation and initial zoning districts
of B-2/PUD and RA-1/PUD on four tracts of land totaling 207t acres in size. The 207
acre project site is located on the west side of Highway 93 with Cemetery Road on the
north end of the site and Ashley Meadows Road on the south end. The 207 acre
project site can be legally described as Tract 1 of Certificate of Survey 17744, the
amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of
the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate
of Survey 8369. The properties are located in Sections 29 and 32, Township 28 North,
Range 21 West.
Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-08-03
providing details of the proposal and the evaluation. He reported that the proposed 13-
2 and RA-i zoning districts are compatible with surrounding land uses and also
consistent with the Growth Policy which designates the area as both urban mixed use
and urban residential. Staff recommended the board consider recommending the
council approve the initial zoning of B-2/PUD and RA-1/PUD based on this and other
facts determined in the findings of fact report. The PUD overlay zoning districts would
be approved as a PUD placeholder at this point requiring additional information, as
required under the PUD provisions of the zoning ordinance, when the land is
developed.
At the public hearing Jerry Nix, representing the Siderius Family, spoke in favor of the
proposed annexation and initial zoning. No one else wished to speak and the public
hearing was closed.
A brief discussion with the board took place in which it was pointed out that the initial
zoning request was the same request brought to the board's attention when they were
reviewing the growth policy amendment for this area several months back. A motion
was made and seconded to recommend the city council approve the requested initial
zoning of B-2/PUD Placeholder and RA- 1/PUD Placeholder for the property upon
annexation to the City of Kalispell. The motion passed unanimously.
RECOMMENDATION: A motion to approve the resolution annexing the property and
a motion to approve the first reading of the ordinance for initial zoning of B-2/PUD
(General Business/Planned Unit Development Placeholder) and RA-1/PUD (Low
Density Residential Apartment/Planned Unit Development Placeholder) would be in
order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
i
LeanConra M Webb
Senior Planner Interim City Manager
Report compiled January 27, 2009
Attachments: Letter of transmittal
Staff Report #KA-08-03 and supporting documents
Draft minutes from the 1/ 13/09 planning board meeting
Petition to Withdrawal from Rural Fire District
Cost of Services Analysis and Memo
c w/ Att: Theresa White, Kalispell City Clerk
Planning Department
201 1''t Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kafispelLeorn/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
SUBJECT: Cost of Services Analysis — Siderius Family Limited Partnership
Annexation
MEETING DATE: February 2, 2009
BACKGROUND: A request from the Siderius family to annex approximately 207 acres of
their property located on the west side of Highway 93 between Cemetery Road and Ashley
Meadows Road is before the council. Once annexed to the City of Kalispell, full city services
would be made available to the property owner. However, any necessary infrastructure
associated with this development would be required to be constructed in accordance with
the City of Kalispell's Design and Construction standards and any other development
policies, regulations or ordinances that may apply.
The 207 acre property is primarily vacant except for an old barn just off of Highway 93.
No exact development plans have been proposed. The owners, by requesting the B-2 and
RA-1 zoning districts, intend to eventually provide for a mixed development with
commercial along Highway 93 and a mix of single-family, townhouse and apartment units
on the west side of the property. Given the current economic conditions in the area and
the large number of vacant commercial and residential lots within the city limits,
development on this site could be two or more years away. Therefore, the planning
department has calculated the approximate amount of taxes the city could expect from the
land once annexed and the potential cost of services in the immediate future until the land
is further developed.
City Taxes:
The 207 acre site is made up of six assessor's parcel numbers. These are 0006385,
0006384, 0006383, 0975282, 0790900 and 0012847. Table 1 below shows the
anticipated city taxes all six assessor's parcel tracts would pay based on their 2008
taxable values.
Table 1
Assessor's Parcel Number
2008 Taxable Value x
0.17623 City Mill Levy)
Anticipated City Taxes
0006385
$11,998 x 0.17623
$2,114
0006384
$18,505 x 0.17623
$3,261
0006383
$11,408 x 0.17623
$2,010
0975282
$879 x 0.17623
$155
0790900
$119 x 0.17623
$21
0012847
$12,596 x 0.17623
$2,219
Total City Taxes $9,780
In addition to the taxes shown above each of the assessor's tracts would be required to pay
the city's street assessment, storm sewer assessment and urban forestry assessment. The
street and storm sewer assessments have a cap for vacant land at 2 acres. The street
assessment's 2 acre cap fee is $1,064.61 and the storm sewer assessment's 2 acre cap is
$250.90. The urban forestry assessment has a residential cap of $150 which equates to
approximately 2 '/2 acres of land. All six assessors tracts are over 2 il2 acres so the
maximum assessments will apply. The following breakdown is the sum total of the
assessment taxes for all 6 assessors tracts for each of the three assessments:
• Street assessment - $6,387,66 (6 assessors tracts x $1,064.61)
• Storm sewer assessment - $1,505.40 (6 assessors tracts x $250.90)
• Urban forestry assessment - $900 (6 assessors tracts x $150)
• Total .Assessment Taxes = $8,793.06
Cost of Services:
Part of the annexation includes approximately '/2 mile of the south half of Cemetery Road,
running from Highway 93 west to the western boundary of the city's 40 acre biosolids land
application site. When annexed, the city will be responsible for the maintenance and snow
plowing for both the north and south sides of Cemetery Road, for the approximate 'h mile.
The maintenance for this section of Cemetery Road may cost upwards of $9,000 a year.
This figure was arrived at by taking the current budget for street maintenance and
dividing it by the total miles of city streets. No other city services are expected to be
provided to the 207 acre site until such time as development occurs on the property.
CONCLUSIONS: Cost of services for this annexation is estimated to be $9,000.
Anticipated taxes generated by the annexation are estimated at $18,573.06. Based on
these estimated figures, the net revenue to the city would be approximately $9,573. A
complete and accurate calculation of impact fees will be completed at the time a
connection to water and sewer is requested and/or a building permit is applied for as the
necessary information would be available at that time.
Respectfully submitted,
Sean Conrad
Senior Planner
Analysis compiled: January 27, 2009
c: Theresa White, Kalispell City Clerk
Planning (Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell. eouilplannina
January 27, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn
Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius - Annexation
and Initial Zoning of B-2/PUD (General Business/Planned Unit Development
Placeholder) and RA-1/PUD (Low Density Residential Apartment/Planned Unit
Development Placeholder)
Dear Myrt:
The Kalispell City Planning Board met on January 13, 2009 and held a public hearing to
consider a request for annexation and initial zoning districts of B-2/PUD and RA-1/PUD
on four tracts of land totaling 207t acres in size. The 207 acre project site is located on
the west side of Highway 93 with Cemetery Road on the north end of the site and Ashley
Meadows Road on the south end. The 207 acre project site can be legally described as
Tract 1 of Certificate of Survey 17744, the amended subdivision plat of lots 3 and 5 of
Ashley Business Park and amended plat of the amended plat of lot 4 Ashley Business Park
Subdivision, and Parcel A of Certificate of Survey 8369. The properties are located in
Sections 29 and 32, Township 28 North, Range 21 West.
Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-08-03
providing details of the proposal and the evaluation. He reported that the proposed B-2
and RA-1 zoning districts are compatible with surrounding land uses and also consistent
with the Growth Policy which designates the area as both urban mixed use and urban
residential. Staff recommended the board consider recommending the council approve the
initial zoning of B-2/PUD and RA-1/PUD based on this and other facts determined in the
findings of fact report. The PUD overlay zoning districts would be approved as a PUD
placeholder at this point requiring additional information, as required under the PUD
provisions of the zoning ordinance, when the land is developed.
At the public hearing Jerry Nix, representing the Siderius Family, spoke in favor of the
proposed annexation and initial zoning. No one else wished to speak and the public
hearing was closed.
A brief discussion with the board took place in which it was pointed out that the initial
zoning request was the same request brought to the board's attention when they were
reviewing the growth policy amendment for this area several months back. A motion was
made and seconded to recommend the city council approve the requested initial zoning of
B-2/PUD Placeholder and RA-1/PUD Placeholder for the property upon annexation to the
City of Kalispell. The motion passed unanimously.
Please schedule this matter for the February 2nd 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: Letter of transmittal
Staff Report #KA-08-03 and supporting documents
Draft minutes from the 1 / 13/09 planning board meeting
Petition to Withdrawal from Rural Fire District
Cost of Services Analysis and Memo
c w/ Art: Theresa White, Kalispell City Clerk
c w/o Att: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo
Lynn Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius
6010 Highway 35, Bigfork, MT 59911
Jerry Nix, 43 Sunrise Drive, Kalispell, MT 59901
Tia Robbin, 24 1st Avenue East, Ste C, Kalispell, MT 59901
SIDERIUS FAMILY LIMITED PARTNERSHIP
REQUEST FOR INITIAL ZONING OF B-2/PUD AND RA-1/PUD UPON ANNEXATION
STAFF REPORT #KA-08-03
KALISPELL PLANNING DEPARTMENT
JANUARY 6, 2009
This is a report for the Kalispell City Planning Board and the Kalispell City Council
regarding the initial zoning of B-2 (General Business) and RA-1 (Low Density Residential
Apartment) with a Planned Unit Development (PUD) placeholder upon annexation to the
city for property located on the west side of Highway 93 between Cemetery Road and
Ashley Meadows Lane. A public hearing has been scheduled before the planning board
for January 13, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers. The
planning board will forward a recommendation to the Kalispell City Council for final
action.
This report evaluates the appropriate assignment of a city zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The property
owner has petitioned for annexation and initial zoning classification of B-2/PUD and
RA-1/PUD.
A. Petitioner and Owners: Siderius Family Limited Partnership, Josephine
R. Siderius Living Trust, Jo Lynn Yenne,
Patricia A. Sanders, Raymond E. Siderius, and
Linda L. Siderius
6010 Highway 35
Bigfork, MT 59911
B. Location and Legal Description of Property: The 207 acre project site is
located on the west side of Highway 93 with Cemetery Road on the north end of
the site and Ashley Meadows Road on the south end. The 207 acre project site
can be legally described as Tract 1 of Certificate of Survey 17744, the amended
subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of
the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of
Certificate of Survey 8369. The properties are located in Sections 29 and 32,
Township 28 North, Range 21 West.
C. Existing zoning: The properties are currently in Flathead County jurisdiction
with the majority of lots zoned I-lH, Light Industrial - Highway. A smaller area
in the southwest corner of the 207 acre site is zoned SAG-10, Suburban
Agricultural. The SAG-10 zoning abuts several larger rural residential lots
developed with single-family residences to the south and west of the 207 acre
site.
The I-iH zoning district has a one -acre minimum lot size requirement. The I-
1H zoning district is intended for industrial areas which are located along state
and federal highways and contain greater levels of performance and mitigation
utilizing increased setbacks, landscape buffering, access control and signage
restriction for the purpose of protecting the County's major travel ways from
unnecessary encroachments, limiting access points to encourage improved
traffic flows and to preserve scenic corridors and entrance ways to major
communities.
The SAG-10 zoning district is intended to provide and preserve agricultural
functions and to provide a buffer between urban and unlimited agricultural
uses, encouraging separation of such uses in areas where potential conflict of
uses will be minimized, and to provide areas of estate -type residential
development.
D. Proposed Zoning: The B-2, General Business, zoning designation is proposed
on approximately 83.7 acres located on the eastern portion of the 207 acre
project site along Highway 93. The B-2 zoning district is intended to provide
areas for those retail sales and service functions and businesses whose
operations are typically characterized by outdoor display, storage and/or sale of
merchandise, by major repair of motor vehicles, and by outdoor commercial
amusement and recreational activities. This district would also serve the
general needs of the tourist and traveler. This district depends on the proximity
to major streets and arterials. This district should be located in business
corridors or in islands.
The RA-1, Low Density Residential Apartment, zoning designation is proposed
on the remaining 123.4 acres located on the western and southwestern portions
of the 207 acre project site. The RA-1 zoning district is a residential apartment
district to provide areas for multi -family use and compatible non-residential
uses of medium land use intensity. It should be served with all public utilities
and be in close proximity to municipal services and shopping districts.
The Planned Unit Development (PUD) placeholder is also proposed to be placed
over the entire 207 acre project site in conjunction with the B-2 and RA-1 zoning
districts. The intent of the PUD placeholder is to allow the developer to enter
into a development agreement with the city, binding the property to a future
PUD application. The PUD placeholder does not require the developer to
provide any application materials or development plans and the developer does
not receive any entitlements other than a commitment between the city and the
developer that if development is to proceed it will be done via the PUD process.
Prior to development of the individual properties, the developer would submit
for review and approval a full PUD application as required by the zoning
ordinance.
E. Size: The area proposed for annexation and zoning encompasses approximately
207 acres.
F. Existing Land Use: The majority of the 207 acres is unimproved land except for
two lots. Lot 4 of the amended subdivision plat of lots 3 and 5 of Ashley
Business Park and amended plat of the amended plat of lot 4 Ashley Business
Park Subdivision includes an existing barn along its eastern boundary and can
be seen and accessed from Highway 93. Lot 3 of the amended subdivision plat
of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat
of lot 4 Ashley Business Park Subdivision includes an existing billboard.
Figure l: This picture was taken from the highway right-of-way and shows the
existing barn and billboard on the project site.
If the properties included in the annexation request are annexed and are given
the initial zoning of B-2 the billboard sign on lot 3 will be subject to the sign
standards contained in the Kalispell Zoning Ordinance.
Section 27.24.080(7) of the zoning ordinance states, in part, "The total number
of billboard faces in the city limits of Kalispell shall not exceed 18, except that
property occupied by billboard(s), which is annexed to the city, after March 19,
1992, shall be subject to the provisions of Section 27.24.150, and billboard(s)
located thereon may remain, but shall not, thereafter, be relocated." Section
27.24.050 of the zoning ordinance deals with nonconforming signs and signs
without permits.
G. Adjacent Land Uses and Zoning: Adjacent land uses are a mix of commercial
and light industrial along Highway 93 with undeveloped land approximately 1/4
mile west of the highway. These uses include a gas station, log home builders,
RV sales and service business and several large buildings housing various
commercial and light industrial businesses. An attached aerial photo of the area
titled Siderius Annexation Area shows existing development in relation to the land
requesting annexation and initial zoning.
3
North: Residential and commercial, County R-5 (Two -Family Residential)
and City B-2 (General Business)
West: Unimproved land and rural residential development, County SAG-
10 (Suburban Agricultural) and County I-1H (Light Industrial -
Highway)
South: Rural residential, County SAG-5 (Suburban Agricultural)
East: Commercial/Industrial, County I-1H (Light Industrial -Highway)
H. General Land Use Character.
The general land use character of the Highway 93 South corridor is commercial
and light industrial uses concentrated along Highway 93. Moving west from the
highway oriented businesses are larger undeveloped tracts or rural residential
tracts of land.
I. Availability of Public Services and Extension of Services: Existing city
infrastructure in this area includes city water and sewer lines running the
length of Highway 93 from Cemetery Road south to the Old School Station
subdivision. These lines have been oversized to serve not only the Old School
Station subdivision but the anticipated future development that would occur on
the tracts of land included with the annexation request.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, Montana
Code Annotated (M.C.A.). Findings of fact for the zone change request are discussed
relative to the itemized criteria described by 76-2-304, M.C.A.
Does the requested zone comply with the Kalispell Growth Policy?
The Kalispell City Council approved a growth policy amendment in December of
2008 for the Highway 93 South area. The growth policy amendment was
initiated by the Siderius Family for the 207 acre project site and was expanded to
include both east and west sides of Highway 93 down to Rocky Cliff Drive by the
planning board. The city council amended the growth policy map eliminating
the industrial and suburban residential designations on the 207 acre site and
designating the urban mixed use designation along the east half of the site and
urban residential designation on the west half of the site. The existing
commercial land use designation at the intersection of Highway 93 and
Cemetery Road remained in place.
'The Kalispell Growth Policy Future Land Use Map provides examples of
appropriate land uses for each of the land use designations shown on the map.
For the commercial land use designation retail, offices, services, mixed use and
residential uses are deemed appropriate. For the urban mixed use designation
offices, residential, commercial and light industrial uses are listed. The urban
residential designation includes single-family, duplex and low density multi-
family units with a typical dwelling unit density of 3 to 12 dwellings per gross
acre as appropriate.
Based on the growth policy land use designations the applicants requested the B-
2 (General Business) and RA-1 (Low Density Residential Apartment) zoning
districts upon annexation.
The proposed B-2 (General Business) zoning district permits a variety of office,
commercial and residential uses that are compatible with the commercial and
urban mixed use designation. This is based on the B-2 zoning district's intent to
provide areas for retail sales and service functions and businesses whose
operations are typically characterized by outdoor display, storage and/or sale of
merchandise. The B-2 zoning district depends on the proximity to major streets
and arterials. Designating the eastern half of the project site B-2 allows future
development to incorporate vehicle access directly onto Highway 93 into the
development plans.
The following goals of the Kalispell Growth Policy support the request to zone the
eastern portion of the project site to B-2 upon annexation:
Chapter 4, Goal 2
NEW COMMERCIAL DEVELOPMENT SHOULD OCCUR IN AREAS WHERE
PUBLIC WATER AND SEWER ARE AVAILABLE.
Chapter 4, Goal 6
PROVIDE ADEQUATE AREAS WITHIN THE COMMUNITY FOR COMMERCIAL
AND INDUSTRIAL EXPANSION AND DEVELOPMENT.
The proposed RA-1 (Low Density Residential Apartment) zoning district is
proposed on the west half of the 207 acre project site. This area of the project
site is designated urban residential on the growth policy future land use map.
The urban residential land use designation anticipates residential development
with a density of between 3 to 12 dwelling units per acre. Typical development
within the urban residential land use designation includes single-family, duplex
and low density multi -family housing.
The RA-1 zoning district is compatible with the urban residential land use
designation in that it permits single-family and duplex homes and conditionally
permits multi -family buildings. The density limits of the RA-1 zoning district
would also conform to the urban residential land use designations anticipated
densities of 3 to 12 dwelling units per gross acre.
In addition to zoning the 207 acres B-2 and RA-1 upon annexation the developer
is also requesting the Planned Unit Development (PUD) placeholder be included
in the zoning. All of the land requesting annexation is unimproved and there is
the potential for one or more of the tracts of land to be sold and developed
separately. This can become a problem if future street and utility connectivity
is lost due to poor design. The PUD placeholder will allow the developer to
enter into a development agreement with the city, binding the property to a
future PUD application. The PUD placeholder will be beneficial to both the
current or future developers and the city as it would take into account the
development of each individual or combination of tracts of land with
surrounding lots and uses. This broader view of the area will help to ensure
5
there will be a cohesive design of future streets, sidewalks, stormwater, building
location and design and parking on the properties.
Support for a cohesive design for lots zoned commercial and residential is
included in the following chapters of the growth policy:
Chapter 4, Goal 5
LARGE SCALE RETAIL SHOULD BE ENCOURAGED TO DEVELOP IN AN
ARCHITECTURALLY COMPATIBLE WAY AND WITH AN INTEGRATED SITE
DESIGN RATHER THAN AS AN ISOLATED DEVELOPMENT.
Highway 93 South Corridor Growth Policy Amendment, Goal 2
EXPANSION OF COMMERCIAL DEVELOPMENT SOUTH OF CEMETERY
ROAD/LOWER VALLEY ROAD NEEDS TO BE ADDRESSED UNDER A
PLANNED UNIT DEVELOPMENT IN ORDER TO ADEQUATELY ADDRESS
VEHICULAR AND PEDESTRIAN ACCESS, SIGNAGE, SETBACKS, AND OTHER
ISSUES RELATING TO PROTECTING AND PRESERVING THE COMMUNITY
ENTRANCE WAY TO KALISPELL.
Highway 93 South Corridor Growth Policy Amendment, Policy 19
Development in the commercial areas should be mixed use in nature creating
an overall integrated neighborhood as opposed to linear strip commercial
development fronting the gateway entrances.
The PUD placeholder does not require the developer to provide any application
materials or development plans at this time. The developer does not receive any
entitlements other than a commitment between the city and the developer that
if development is to proceed it will be done via the PUD process. Prior to
development of the individual properties, the developer would submit for review
and approval a full PUD application as required by the zoning ordinance.
In conclusion, the proposed B-2/PUD and RA-1/PUD zoning districts are
consistent with the commercial, urban mixed use and urban residential land use
designation shown on the Kalispell Growth Policy Future Land Use Map. The
requested zoning districts are also consistent with the above stated goals and
policies of the Kalispell Growth Policy.
2. Is the requested zone designed to lessen congestion in the streets?
The uses allowed under the proposed B-2 and RA -I zones may generate more
traffic than those allowed under the existing I-1H county zoning. This is
because the proposed B-2 and RA-1 zoning include residential development in
addition to small and large scale commercial retail. All of the tracts included in
the annexation request are adjacent or within % mile of Highway 93.
Highway 93 has had significant upgrades with respect to road widening and
resurfacing of the road in the last three years. These upgrades have allowed the
highway to handle more traffic at higher speeds. By placing the PUD
placeholder over the property the city council will have the authority to review
and require alternative transportation routes in the area to maintain the
3.
functionality of Highway 93 and in turn lessen traffic congestion for the
highway and immediate streets.
Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available or would be constructed in
conjunction with future development of the site in the case of an emergency. Any
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 would be available to
the property. For water and sewer service this may require main line extensions
by the developer for future projects.
The Kalispell Municipal Airport is north of the project site and is currently going
through plans to expand. This expansion includes the realignment of the runway
to the west and south creating take off and landings of planes over the northeast
portion of the project site. Although associated noise from plane traffic may not
impact commercial business the likelihood of noise impacts to future residential
development in this area is high and may be deemed a safety hazard. Antennas
and commercial or public towers may also pose a danger to the future air traffic.
Therefore, height limitations and the location of antennas or towers will need to
consider air traffic patterns in the area.
By placing a PUD placeholder over the 207 acre project site the city and the
developer have the tools to adequately address the impacts the airport may have
on a future development for the site. At a minimum this will include meeting the
following goal and policies of the Highway 93 South Corridor Growth Policy
Amendment:
Goal 8
DEVELOPMENT SHOULD INCORPORATE DESIGN FEATURES AND LAND
USES APPROPRIATE TO ADJACENT AIRPORT TRAFFIC.
Policy 15
Because of the presence of the municipal airport, residential uses are not
deemed to be appropriate within 1/4 mile of the easterly 1/2 mile of Cemetery Road
(the south end of the proposed runway).
Policy 16
Height of personal, commercial or public communication towers or antennas
should be restricted to reduce conflicts with the existing and proposed Kalispell
Airport expansion.
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 consistent with the city's growth
policy map and provide a place for new residential, commercial business or light
industrial uses to locate within city limits.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on the
properties are established in the Kalispell Zoning Ordinance to ensure adequate
light and air is provided.
6. Will the requested zone prevent the overcrowding of land?
The potential development associated with the property would be limited by
both the development standards associated with the B-2 and RA-1 zoning
districts that relate to lot coverage and the types of uses permitted under the
zoning. The PUD placeholder will ensure that the uses and layout of properties
included in the annexation will not cause an overcrowding of land. Commercial
and residential development in this area is appropriate because of its location
and the availability of urban services. The PUD placeholder will also allow site
specific review of development compatibility next to the city airport, city bio
treatment site, future highway bypass, Highway 93 and Ashley Creek.
7. Will the requested zone avoid undue concentration of people?
Minimum lot standards and use standards will avoid the undue concentration of
people if the properties are further developed. In addition, the PUD process will
help mitigate any impacts associated with the city airport, city bio treatment
site, future highway bypass, Highway 93 and Ashley Creek,
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities will be provided to the properties prior to
construction and development is encouraged in the Kalispell Growth Policy 2020
where these services are available. The future Highway 93 Bypass would bisect
the project site from east to west, starting from the existing Highway 93 and
heading west across Ashley Creek. The proposed zoning would not affect the
location or design of the bypass. However, any future projects proposed on the
project site will be required to reflect the future Highway 93 Bypass. The
proposed PUD zoning and potential fixture subdivision of the property will require
designing the project around the bypass project accordingly.
The properties have legal access onto either Cemetery Road or Highway 93.
Within the Highway 93 right-of-way are city water and sewer main lines. If
annexed, these lines would be available for future developers to extend to their
individual project. There are no sidewalks or bike paths along the portion of
Highway 93 where several of the properties are located. This will make
pedestrian or bicycle travel difficult and require future development on lots
adjacent to Highway 93 to install bike or pedestrian paths. Utility connections
and transportation corridors would be addressed when development is proposed
on the property.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
All of the properties are fairly level with the 207 acre project site's western portion
within a 100-year floodplain. The RA-1 zoning is proposed along the Ashley
Creek corridor. Although this zoning district permits residential development
and conditionally permits multi -family housing the PUD overlay and future
subdivision of the site will require setbacks to the creek so that future
development is out of the floodplain portion of the property.
The proposed B-2 zoning district would permit uses consistent with the
surrounding land uses already established along the Highway 93 corridor. The
proposed RA-1 zoning would provide for residential development next to or across
Ashley Creek from existing rural residential development. The proposed zoning
districts can therefore be found to give due consideration of the suitability of this
property for the permitted uses in the district.
10. Does the requested zone give reasonable consideration to the character of the
district?
The properties included in the annexation and initial zoning request are located
on the west side of Highway 93 south of Cemetery Road. This area's character is
a combination of commercial and industrial development along Highway 93 with
undeveloped lands both along the highway and west of the existing development.
There are several larger residential tracts of land west of the project site along
Cemetery Road and south of the project site along Ashley Meadows Road.
In the early 1990's the city and county adopted the Highway 93 South
Neighborhood Plan as an amendment to the Kalispell City -County Master Plan.
The Highway 93 South Neighborhood Plan was completed in large part to
provide a basis for zoning this area just outside of city limits. At that time it
was determined that industrial land uses would be the most appropriate for
this area instead of maintaining the predominately agricultural uses that had
been in place. The county subsequently zoned the area in and around the
properties requesting annexation to an industrial zoning district. This district
is still in place today and has led to the mix of commercial and industrial uses
which make up this area of the county.
The character of this area, once primarily large single family lots and agricultural
operations, continues to change. This can be attributed to the county industrial
zoning initiated over a decade ago and more recently the installation of public
water and sewer lines in this area. The B-2 and RA-1 zoning designations with a
PUD placeholder over the entire 207 acre project site would be appropriate for the
site given the existing land uses along the highway and proximity to existing and
proposed highways to accommodate increases in traffic for the area.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the B-2 and RA-1
zoning will promote compatible and like uses on the project site which can be
found on other properties in the area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Commercial and residential development should be encouraged in areas where
services and facilities are available to support these types of uses permitted or
conditionally permitted under the B-2 and RA-1 zoning districts. The proposed
zoning and potential subsequent uses would be consistent with the surrounding
land uses in the area. When development occurs, construction standards
outlined and required in the city's building codes and subsequent PUD review
will help to enhance one of Kalispell's most used gateway entrance corridors.
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-08-03 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for the properties upon annexation be B-2/PUD (General
Business/Planned. Unit Development) and RA-l/PUD (Low Density Residential
Apartment/Planned Unit Development).
10
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn
Yenne Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius.
MAIL ADDRESS: 6010 Highway 35, Bigfork, MT 59911.
INTEREST IN PROPERTY: Owners of record.
LEGAL DESCRIPTION: Three parcels included in annexation request. Legal descriptions attached
hereto.
LAND IN PROJECT: 207.158 Acres
CURRENT ESTIMATED MARKET VALUE: $3,673,979; at 50% build out: 6 678 000; at 100% build out:
unknown.
PRESENT ZONING OF THE ABOVE PROPERTY: Flathead County I-1H (Light Industrial), SAG 10
(Suburban Agriculture), and B-2 (General Business).
PROPOSED ZONING OF THE PROPERTY:City of Kalispell B-2 General Business and RA-1 Low Density
Residential Apartment.
STATE THE CHANGED OR CHANGING CONDITIONS THAT MAKE THE PROPOSED AMENDMENT NECESSARY:
require CitV of Kalispell water and sanitary sewer services.
The signing of this petition signifies that the foregoing information is true and accurate based upon
the best information available and further grants approval for Kalispell Planning Staff to be present on
the property for routine inspection during the annexation process.
SIDE US FAMILY LIMITED PARTNERSHIP: JOSEPHINE R. SIDERIUS LIVING TRUST:
10 ynn Ye e Date Josephine R. Siderius Date
;,2 l / i y�?"'y- ',� —U`� Fo
TENANTS IN COMMON:
zPatricia A. riders Date so 0
61jo Lynn YeWne Date
Raymond E. Siderius Date
�'Ilej L (mot J--Patricia Ai Sanders Date
Linda L. Siderius Date f
ell
' I
aymond E. Siderius Oate
/-Josephine R. Siderius Date
Linda L. Siderius Date
STATE OF MONTANA }
) ss:
County of Flathead )
On January 23, 2008, before me, a Notary Public for the State of Montana, personally appeared
JO LYNN YENNE, individually and on behalf of the Siderius Family Limited Partnership, known to me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she
freely and voluntarily executed the same.
STATE OF MONTANA
County of Flathead
Tia R. Robbin
Notary Public for the State of Montana
Residing at Kalispell, Montana
My Commission Expires: 11-15-2009
)
as:
On January 24, 2008, before me, a Notary Public for the State of Montana, personally appeared
PATRICIA A. SANDERS, individually and on behalf of the Siderius Family Limited Partnership, and
JOSEPffiNE R. SIDERIUS, individually, on behalf of the Siderius Family Limited Partnership and on
behalf of the Josephine R. Siderius Living Trust, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me that they freely and voluntarily executed
the same. 1tiv 111 r utlj
` R• RC? 'f,
�r'lf 71 U5i`'
Tin R. Robbin
Notary Public for the State of Montana
Residing at Kalispell, Montana
My Commission Expires: 11-15-2009
1 _ t
STATE OF COLORADO )
li
ss.
CITY AND COUNTY OF DEN VER f
On this day of ? ob before me, the undersigned, a Notary
i
Public, personally appeared f (I S personally known to me to
be the person whose name is subscribed to this instrument, and acknow ed that she executed the
same.
Z' .o ff
NOTARY PUBLIC — Stat f )J
Colorado
My Commission Expires: / / (b-)
Z��C
State of Oregon
Z��mcr
i x
z z 0
County of
MO, OW
m
cs �
UlW
On this ��_ day of �-
oWo
z
, bef
Public, personally appeared b .
TERRI L.
CONLALES
C7
me, the undersigned, a Notary
personally known to me to be the person(s) whose name(s) is (are) subscribed to this instrument, and
acknowledged that he (she/they) executed the same.
OFFICIAL SEAL
JULIE SNOOK
NOTARYPUBLIC-ORHGON
l N TARY Pt@LIC - State of Oregon Col,, 510N N0. A=*9F633
MY COMMISSION EXPIRESAUG. 30, 2009
My Commission Expires: AILCO- Z31 ?,f j
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A 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 to other properties within the rest of the municipality.
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.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the Sou T H it-RtiSPcz.L Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex 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.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of
annexation.
NOTE: You must attach an Exhibit A that provides a bona fide legal description of the
property to be annexed.
This petition is hereby signed by the following Petioners, who are the Owners of Record of the
subject properties described herein:
SID US FAMILY LIMITED PARTNERSHIP
. 2 3 vY
Jo nn iYe e1 Date/
Patricia A. Sa ers Date
1 ( A 4�d
aymond E. ate
? X fly%Ur?
Linda L. Siderius Date
Siderius
��iL'-, ,1 `rir � • �,-c�k�.cw
`Joe R. Siderius Date
JOSEPHINE R. SIDERIUS LIVING TRUST:
Josep me R. Siderius Date
TENANTS IN COMMON:
.L / -2-3',Ub,
Jo L nn Ye e Date t
„ Patricia A. S&ncfers Date
Linda L. Siderius
STATE OF MO
>4XNNA )
CIS G'Ktih� �S as
County of 'PatilTea County
On this �k day of JU h tACtt �f , ?Cep before me, the undersigned a Notary Public for
the State of UI a, personally appeared �ATrnti t `,i; d Er- as known
to me to be the p8rson whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
cy ar in this certificate first above written.
OFFICIAL SEAL A i. a d U
JULIE SHOOK Notary Mlic, Sthee of Metttama O.^ecJevt
NOTARY PUBLIC -OREGON Printed Name Jkk6e ShAootC
COMMISSION NO. A396633 Residing at t eLV-e 0�,u uee o r D(2-
MY ObMMISS ON WIRES AUG. 30, 2M
My Commission expires: _ : 36, 2 A
STATE OF )
0r-VL.•er : ss
County of+4athead County
On this - Sri. day ofGb, before me, the undersigned, a Notary Public for
the State of Montana, p sonally appeared L I'n d known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS
year in this cep
T EPRI L,
OON2'ALES
STATE OF
County of Flathead
set my hand and affixed iny Notary Seal the day and
Notary Public, State of
Printed Name lzrr C ha n ax J �s
Residing at 13 � X045
My Commission expires:
On this ---QZ day of d U)8 before me, the undersigned, a Notary Public for
The State of Montana, personail�d nTa l �S=d g, mot' ' and
the and
resgeetivey f I�1 sr� P
the persons who `9'4 ` s+"`�ii m" iruineth
o"ebalf of said corporation, and acknowledged to me that saeh-% ratien executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certifi%kaViii Mvq,,written.
�-'
'��p
Notary Public, State of Montana
iJ f riR }
Printed Name ;T" I P JR
_ .•' _
Residingatt 3?901
r PIJ$LIC
My Commission expires 11 t 5 2-00y
STATE OF MONTANA )
) ss:
County of Flathead )
On January 23, 2008, before me, a Notary Public for the State of Montana, personally appeared
JO LYNN YENNE, individually and on behalf of the Siderius Family Limited Partnership, known to me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she
freely and voluntarily executed the same.
urt��AA�
�li{iwROB
Tia R. Robbin
Notary Public for the State of Montana
'• PUBLIC..:
Residing at Kalispell, Montana
My Commission Expires: I 1-15-2009
OF
STATE OF MONTANA )
ss:
County of Flathead )
On January 24, 2008, before me, a Notary Public for the State of Montana, personally appeared
PATRICIA A. SANDERS, individually and on behalf of the Siderius Family Limited Partnership, and
JOSEPHINE R. SIDERIUS, individually, on behalf of the Siderius Family Limited Partnership and on
behalf of the Josephine R. Siderius Living Trust, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me that they freely and voluntarily executed
the same.
t%t I I I(t I ___ 1
IyQTAR'r i Tia R. Robbin
_ Notary Pub] is for the State cf Montana
1 = Residing at Kalispell, Montana
PUBLIC : = My Commission Expires: I I-15-2009
Exbibit A
Siderius Commons Annexation Parcel Descriptions
A tract of land situated, lying and being in the south half of the northeast and in the southeast
quarter of Section 29, and in the north half of the northeast quarter of Section 32, all in Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described
as follows:
Tract 1 of Correction Certificate of Survey No. 17744:
Beginning at the southwest corner of the SE1/4 of Section 29, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, which is a found aluminum monument; Thence
N00019'14"W 332.53 feet to a found iron pin on the southwesterly right-of-way of the old
Burlington Northern Railroad; Thence S41°46'31"E along said right-of-way 2221.73 feet to a
found iron pin on the south boundary of the NEl/4NE1/4 of Section 32, Township 28 North,
Range 21 West, P.M.M.; Thence N89°43'36"W 162.55 feet to a found iron pin being the
southeast corner of the NW1/4NEI/4 of said Section 32; Thence N89°48'24"W 1313.07 feet to a
found iron pin being the southwest corner of said NW1/4NE1/4; Thence N00°06'58"W 1319.16
feet to the point of beginning, containing 27.954 acres more or less.
am
Commencing at the southwest corner of the SE1/4 of Section 29, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, which is a found aluminum monument; Thence
N00019' 14"W 332.53 feet to a found iron pin on the southwesterly right -of way of the old
Burlington Northern Railroad; Thence N00°20' 14"W 150.97 feet to a found iron pin on the
northeasterly right-of-way of the old Burlington Northern Railroad and the TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence N00°18'19"W
2160.10 feet to a found iron pin being the southwest corner of the SWI/4NEl/4 of said Section
29; Thence S89°44'40"E 1352.40 feet to a found fence post; Thence N00°21' 14"W 1288.17 feet
to a found iron pin on the south right-of-way of a 60 foot declared county road known as
Cemetery Road; Thence N89°42'07"W along said right-of-way 1351.96 feet to a found iron pin
on the west boundary of said SW 1/4NEI/4; Thence N00'20' 01" W 30.00 feet to a found iron pin
being the northwest corner of said SW1/4NE1/4; Thence S89°42'23"E along the north boundary
of the Sl/2NEI/4 of said Section 29 a distance of 2057.73 feet to a found iron pin; Thence
S00001'31"E 3447.47 feet to a found iron pin; Thence N89°45'40"W 699.89 feet to a found iron
pin; Thence S00°12'49"E 409.27 feet to a found iron pin; Thence S89°52'28"W 20.00 feet to a
set iron pin; Thence S00°12'58"E 104.05 feet to a found iron pin being the northeast corner of
the NWI/4NEI/4 of Section 32, Township 28 North, Range 21 West, P.M.M.; Thence
S00009' 17"W 987.57 feet to a found iron pin on the northeasterly right-of-way of the old
Burlington Northern Railroad; Thence N41°46'41"W along said right-of-way 1980.36 feet to the
point of beginning, containing 145.610 acres more or less; for a grand total of 173.564 acres
more or less.
Together with:
A tract of land in the SEl/4SE1/4 of Section 29, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, described as follows:
Parcel A of Certificate of Survey No. 8369:
Commencing at the southeast corner of said SE1/4SE1/4 of Section 29; Thence N89°44'36"W
along the south boundary of said SEI/4SEI/4 a distance of 77.55 feet to the west right-of-way
boundary of U.S. Highway 93; Thence N00°00'56"W along said right-of-way 104.00 feet to the
northeast corner of Parcel 2 as shown and described on Certificate of Survey No. 5066 of records
of Flathead County, Montana, said corner being the TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED; Thence N89°44'36"W along the north boundary of
said Parcel 2 and its extension thereof 1222.27 feet; Thence NO0°12'40"W 409.55 feet; Thence
S89044'36"E 823.67 feet; Thence SOO°00'56"E 209.54 feet to the northwest comer of Tract 1 as
shown and described on Certificate of Survey No. 6048 of records of Flathead County, Montana;
Thence S89°44'36"E along the north boundary of said Tract I a distance of 400 feet to said west
right-of-way of U.S. Highway 93; Thence SOO°00'56"E along said right-of-way 200 feet to the
point of beginning, containing 9.574 acres more or less.
Together with
Lots 3, 4 and 5 of ASHLEY BUSINESS PARK AMD L3&5 & AMD L4 .ANID located in the
El/2 of the NE1/4 of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
1111111111111111111111IIlllllllllli(Illllllllll1111111411111111111111111�111
Paula Robinson, Flathead County MT by )S
Return to Plat Room
200800033766
Page: 1 of 1
Fees: $11.o0
12/17/200811:12 AM
AFFIDAVIT
I certify that on the recorded plat of THE AMENDED SUBDIVISION PLAT OF LOTS
3 AND 5 OF ASBLEY BUSINESS PARK AND AMENDED PLAT OF THE
AMENDED PLAT OF LOT 4 ASBLEY BUSINESS PARK SUBDIVISION (records of
Flathead County, Montana), instrument rec. no. 200300909220,
{� 1: The distance shown from the south east comer of Section 29 on the plat north along
_ the section line should be 1519.63 feet instead of the 1003.57 feet shown.
2: I also certify that the first seven (7) lines of the legal description thereon should be
corrected to read as follows:
i
Commencing at the southeast comer of Section 29, T.28N.,R.21 W., which is a found
9 railroad spike per Certificate of Survey no. 8008, Thence N00°02'05"W along the east
a section line of Section 29 a distance of 1519.63 feet to a point; thence N89°53'25"W a
distance of 96.87 feet to a set iron pin and the True Point of Beginning of the parcel
i herein described, said point also being on the west Right -of Way (ROW) line of U.S.
fi Flighway 93, said point also being on the south boundary of Lot 3 of Ashley Business
fiPark Subdivision, (records of Flathead County, Montana); Thence along the south
�c boundary of said Lot 3 N89°53'25"W a distance of 50226 feet to a found iron pin; ......
Date Z. day of December, 2008.
j Richart#� Coacher, P.L_S. 73185
State of Arizona }
SS
County ofi�
On this ��4ay of December, 2008 before me a Notary public for the State of Arizona,
personally appeared Richard G. Goacher, and known to me to be the person whose name
is subscribed to the forgoing instrument and acknowledged to me that he executed the
same. s
Notary Public for the State of Arizona
Printed Name119/3
Residing at:��%� �� ✓f
My Commission Expires !/ .'-7
SEAl
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M Davia Ahyrnada
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Siderius Annexation Area
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VICINITY MAP SCALE 1"
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•1
SIDERIUS FAMILY LIMITED PARTNERSHIP
REQUEST FOR ANNEXATION & INITIAL ZONINGOF - BUSINESS• AND RA-1 LOW DENSITY RESIDENTIAL -•COUNTY I_lH
LIGHT INDUSTRIAL & SAG• SUBURBAN AGRICULTURALDISTRICTS.
FILELD CONCURRENTLY WITH A REQUEST•- A GROWTHPOLICY
AMENDMENT• COMMERCIAL AND URBAN RESIDENTIAL ON APPROXIMATELY
207 ACRES
PLOT DATE 5/20/08
• i •
APPLICANT: Siderius Family Limited Partnership, Josephine R. Siderius
Living Trust, Jo Lynn Yenne, Patricia A. Sanders, Raymond
E. Siderius, and Linda Siderius.
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where an annexation & initial zoning and a
growth policy amendment has been requested.
Date:
S-T-R: 29 & 32-28-21
Tract/Lot: Multiple Tracts
Property Owners:
Siderius Family Ltd Partnership
6010 Highway 35
Bigfork, MT 59911
Jerry Nix
43 Sunrise Drive
Kalispell, MT 59901
Pat Sanders
Siderius Family Ltd Partnership
1890 Lower Valley Road
Kalispell, MT 59901
Siderius Family Ltd Ptnshp, Etal Jerry Nix Gerald & Christine Scott
6010 Highway 35 43 Sunrise Drive 336 Cemetery Road
Bigfork, MT 59911 Kalispell, MT 59901 Kalispell, MT 59901
James & Alyce Sandholdt
2559 Airport Road
Kalispell, MT 59901
Patricia Sanders
Siderius Family Ltd Ptnshp
1890 Lower Valley Road
Kalispell, MT 59901
Jerry & Pamela Mergenthaler
1414 North Montana Avenue
Helena, MT 59601
Bert Fields Rev Inter-Vivos Tr
3340 U.S. Highway 93 South
Kalispell, MT 59901
Rocky Mountain Land & Cattle
250 2nd Street East
Whitefish, MT 59937
Matt Ek
249 Farwest Road
Lonepine, MT 59848
William Lodinoff
2493 Airport Road
Kalispell, MT 59901
HQT, LLC
598 Swan River Road
Bigfork, MT 59911
Todd & Davar Gardner
AD% James Ramlow
Gardner Investments
P.O. Box 958
Kalispell, MT 59903
Christopher & Sharon Colvin
5750 Rabe Road
Columbia Falls, MT 59912
Montana Commerce, LLC
600 South Main
Butte, MT 59701
Neil & Phyllis Bertelsen Fmly Tr
212 Apple Tree Circle
Kalispell, MT 59901
Karen Vanderkolk
P.O. Box 3231
Kalispell, MT 59903
Canyon Meadows Prop., Ltd
Larne Holdings, Inc.
159 Stone Pine Drive
Calgary, AB Canada T3Z3B5
Kalispell Elks Building Asso.
P.O. Box 790
Kalispell, MT 59903
Joshua & Teri Gall
2575 Airport Road
Kalispell, MT 59901
Knoll Properties, LLC
P.O. Box 2391
Kalispell, MT 59903
Vicki Bruff
2589 Airport Road
Kalispell, MT 59901
Treweek Family Ptnshp
670 Foys Lake Drive
Kalispell, MT 59901
Z-600, Inc.
F.O. Box 1869
Bigfork, MT 69911
Lawrence & Vivian Peterson
141 Cemetery Road
Kalispell, MT 59901
Colleen Ramsey
252 Ashley Meadows
Kalispell, MT 59901
Cameron & Kristy Gillette
P.O. Box 7291
Kalispell, MT 59904
Top Notch Land Company
3250 US Highway 93 S
Kalispell, MT 59901
Stephen & Elaine Evans Rick & Susie Hullett State of Montana
255 Ashley Meadows P.O. Box 2500 Department of Transportation
001
5
Kalispell, MT 59901 Bigfork, MT 59911 P.O. Box 20
Helena, MT 9620
City of Kalispell Flathead County
Attn: City Clerk Attn: County Commissioners
P.O. Box 1997 800 South Main Street
Kalispell, MT 59903 Kalispell, MT 59901
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
January 13, 2009
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, January 13, 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 recommendations to the Kalispell City Council who will take final action.
1. A request from Kisa Davison for a conditional use permit to operate a yoga studio and
jiu jitsu school within an existing building located at 419 1st Avenue East. The
property is zoned B-4 (Central Business) and can be legally described as Lot 14, Block
77 of Kalispell Original Townsite located within, Section 18, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
2. A request by the Siderius Family Limited Partnership to annex approximately 207
acres into the City of Kalispell. The owners have requested the B-2 (General Business)
zoning district on the east half of the property and RA-1 (Low Density Residential
Apartment) zoning on the west half. A Planned Unit Development (PUD) placeholder
zoning district is also requested to be placed over the entire 207 acre site.
The 207 acre project site is located on the west side of Highway 93 with Cemetery
Road on the north end of the site and Ashley Meadows Road on the south end. The
project site can be legally described as Tract 1 of Certificate of Survey 17744, the
amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of
the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate
of Survey 8369. The properties are located in Sections 29 and 32, Township 28 North,
Range 21 West. P.M.M., Flathead County, Montana.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views and concerns
known to the Board. Written comments may be submitted to the Kalispell Planning
Department at the above address, prior to the date of the hearing, or you may call us at (406)
758-7940, or e-mail us at planning ikalisnell.com for additional information.
Thomas R. Jentz
Planning & Building Director
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, Janu-
ary 13, 2009 beginning
at 7:00 PM in the Kalis-
pell City Council Cham-
bers, Kalispell City Hall,
201 First Avenue East,
Kalispell. The planning
board will hold a public
hearing antl take public
comments on the follow-
ing agenda items. The
Board wilt make recom-
mendations to the. Kalis-
pell City Council who
will take final action.
1. A request from Kiss
Davison for a condition-
al use permit to operate
a yoga studio and jiu If -
ad school within an ex-
isting building located at
419 1st Avenue East.
The property is zoned
B-4 (Central Business)
and can be legally de-
scribed as Lot 14, Block
77 of Kalispell Original
Townsite located within
Section 18, Township
28 North, Range 21
West, P.M.M., Flathead
County, Montana,
2. A request by the
Siderus Family Limited
Partnership to annex
approximately 207
acres into the City of
Kalispell. The owners
have requested the B-2
.(General Business) zon-
ing district on the east
half of the property and
RA-1 (Low Dens �tt+ Res-
idential Apartment) zon-
Aon the west half. A
Planned Unit Develop-
ment (PUD) placeboider
zoning district is also re-
quested to be placed
over the entire 207-acre
sfte.
The 207-acre project
site is Located on the
west side of Highway 93
with Cemetery Road on
the north end of the site
and Ashley Meadows
Road on the south end.
The project site can be
legally described as
Tract 1 of Certificate of
Survey 17744, the
amended subdivision
plat of lots 3 and 5 of
Ashley Business Park
and amended plat of the
Ashley
�®qubdwr
LEGAL Norim A of Ca
No. 13857 lies are
ties are
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD'
AND ZONING COM-, MISSION Documents p-Pill—"to. the oda ftan*s
January 73, 2009 .. �.
on @a far public ins
tion at the Kalispell
Planning: Department,.
201 First Avenue East,.
Kalispell, MT 59901,.
and are available for
Public review during
regular office hours.
Interested persons are
encouraged to attend
the hearlagand make
their views and con-
cerns known to the
Board. Written- com-
ments may be submit-
ted to the Kalispell Plan-
ning Department at the
above address, prior to
file date of the hearing,
or you may callus at
(406) 758-7940, or e-
mail us at.pianning@ka-
Iispelf.com for addiffonaf
information.
El
of
/s/ Thomas R. Jentz .Thomas R. Jentz --
_ _
Planning & Building
Director
Dec. 28, 2008
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE 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 MONTALNA, AND THAT NO. 13857
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of Dec 28, 2008.
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.
Subscribed and sworn to °- Notarial
Before me this December 29 B08
all ,,. i Seal
Dorothy
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/09