06. Presentation - Annexation and Zoning with PUD Placeholder - Gardner Investments LLCPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kaUspeR.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT: Gardner Investments, LLC - Annexation and Initial Zoning of B-
5 /PUD (Industrial -Commercial/ Planned Unit Development)
MEETING DATE: November 17, 2008
BACKGROUND: The Kalispell City Planning Board met on October 14, 2008 and held a
public hearing to consider a request for annexation and initial zoning of B-5 / PUD on
nine tracts of land totaling 81.59± acres in size. The properties are located on the east
side of Highway 93 South. The 9 tracts of land are not contiguous and are located
between the intersection of Highway 93 and Lower Valley Road and Highway 93 and
Snowline Lane. There are four existing businesses located on two separate tracts
included in the annexation request. The Gardner's Auction Service, Rock City, and
Janitor's World are located on tract 6. Northwestern Truss, 3215 Highway 93, is located
on tract 7C. The 9 tracts of land can be described as follows: tracts 1, 1F, 6, 61, and lots
1 and 2 of the Mergenthaler Subdivision are located in Section 28, Township 28 North,
Range 21 West; tract 7C and lots 4 and 5 of the Lost Creek Subdivision are located in
Section 33, Township 28 North, Range 21 West P.M.M., Flathead County, Montana.
Kalispell Planning Department staff presented report #KA-08-05 providing details of
the proposal and the evaluation. The staff reported that the proposed B-5 zoning
district was compatible with surrounding land uses and also consistent with the
Growth Policy which designates the area as both commercial and industrial. Staff
recommended the board consider recommending the council approve the initial
zoning of 13-5/PUD based on this and other facts determined in the findings of fact
report.
At the public hearing, Mr. Todd Gardner, spoke in favor of the proposed annexation
and initial zoning and addressed a letter sent to the board by Mr. John Stokes. One
other gentleman, Mr. Ted Sokalowski, addressed the planning board with his
concerns of an existing fence along the east boundary of tract 7C. The only other
comment received was a letter from Mr. Stokes who owns the KGEZ radio station and
associated towers. The radio station property is adjacent to several of the Gardner's
tracts they are requesting to annex into the city. Mr. Stokes had several concerns
including actual ownership of the tracts of land requesting annexation,
acknowledgement of his tower easement on the Gardner's property, and illegal
subdivision of several tracts the Gardner's currently own.
The board discussed the proposed zoning districts and how they may affect the
existing uses on the properties. Following this question and answer session, the
board recommended unanimously that the city council approve the requested initial
zoning of B-5/PUD (Industrial-Commercial/Planned Unit Development) for the
property upon annexation to the City of Kalispell.
RECOMtV ENDATION: 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-5 / PUD
(Industrial-Commercial/Planned Unit Development) would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
f
Sean Conrad IVI t Web
Senior Planner Interim City Manager
Report compiled November 12, 2008
Attachments: Letter of transmittal
Staff Report #KA-08-05 and supporting documents
Draft minutes from the 10 / 14 / 08 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" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
wwwAalispell.com/plannin
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
SUBJECT: Cost of Services Analysis - Gardner Annexation
MEETING DATE: November 17, 2008
BACKGROUND: This is a cost of services analysis for 9 tracts of land totaling 81.5 acres
located on the east side of Highway 93 South. The 9 tracts of land are not contiguous and are
located between the intersection of Highway 93 and Lower Valley Road and Highway 93 and
Snowline Lane. There are four existing businesses located on two separate tracts included in
the annexation request. The Gardner's Auction Service, Rock City, and Janitor's World are
located on tract 6. Northwestern Truss, 3215 Highway 93, is located on tract 7C. The 9
tracts of land can be described as follows: tracts 1, 1F, 6, 6I, and lots 1 and 2 of the
Mergenthaler Subdivision are located in Section 28, Township 28 North, Range 21 West; tract
7C and lots 4 and 5 of the Lost Creek Subdivision are located in Section 33, Township 28
North, Range 21 West P.M.M., Flathead County, Montana.
Once annexed to the City of Kalispell, full city services would be made available to the
property owner. 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.
Because the majority of the property is vacant and no development plans have been
disclosed, the cost of services analysis has been based on a projected full build out
anticipating an average lot size of approximately 2 acres. This would provide for
potentially 40 buildings used for commercial or light industrial uses. The impact fees
associated with the future build out scenario were generated using recent impact fees
required for an engineering firm located in Old School Station.
Note that this cost of services analysis has been prepared for commercial land uses and is
only an estimate based on a variety of assumptions. This information does not take into
consideration the build -out time or changes in methods of assessment and estimated
costs associated with services. The information can only be used as a general estimate of
the anticipated cost of services and revenue. 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.
CONCLUSIONS: Cost of services for this annexation is estimated to be $224,715.
Approximately $1,164,595 will be generated from a one time impact fee for water, sewer,
stormwater, police and fire. Anticipated revenue and taxes generated by the development
is estimated at $243,905. Based on these estimated figures, the net revenue to the city
would be approximately $19,190. Again, these figures represent the theoretical
development at the final build -out stage. Please refer to Exhibit A for more details.
Respectfully submit
Sean Conrad
Senior Planner
Analysis compiled: November 12, 2008
Attachments: Exhibit A - Cost of Services Analysis
c: Theresa White, Kalispell City Clerk
Garnder Annexation
COST OF SERFVCCES ANALYSIS (COMMERCIAL LAND 90 % COVERED)
November 12, 2008
PROJECT DETAILS
Number of acres proposed to be annexed:
Number of commercial units:
Average square foot per lot.
Assessed value per property:
1. COST OF SERVICES
Costs based on commercial acres
Fire:
Police:
Administration:
Solid Waste:
Costs per dwelling unit or Equivalent Residential Unit (ERU):
Roads:
Water:
Sewer:
Wastewater Treatment:
Stormwater:
81.5
$76,631
$97,866
$11,630
$0
40
$17, 040
$7,905
$4, 328
$6,694
$2,620
TOTAL ANTICIPATED COST OF SERVICE = $224,716
2. ANTICIPATED REVENUE GENERATED
Assessments based on average square foot per lot. 88,750
Storm sewer assessment: $9,170
Street maintenance assessment: $39,441
Urban forestry assessment: $4,793
Light maintenance assessment: $10,650
Special assessment: $0
Sewer and water bill $79,862
TOTAL ANTICIPATED REVENUE = $143,915
3. TAX REVENUE
Assessed value per property:
Total assessed value:
Total taxable value:
Total additional revenue based on 170 mill levy:
TOTAL ESTIMATED TAX REVENUE =
4. IMPACT FEES
Sewer impact fee:
Water system impact fee:
Stormwater impact fee
Police impact fee
Fire impact fee
$500,000
$20,000,000
$614,000
$99, 990
$99
$296,923
$215,520
$530,712
$6,240
$115,200
81.5
40
88,750
$500, 000
TOTAL ESTIMATED IMPACT FEE _ $1,164,595
SUMMARY
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $243,905
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $1,164,595
7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 AND 3 - ITEM 1) $19,190
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
OCTOBER 14, 2008
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Rick Hull, C.M. (Butch) Clark, John
Hinchey, Jim Williamson, Richard Griffin and Troy Mendius.
Bryan Schutt was absent. Tom Jentz and Sean Conrad
represented the Kalispell Planning Department. There were 3
people in the audience.
APPROVAL OF N=TES
Clark moved and Hull seconded a motion to approve the
minutes of the September 9, 2008 Kalispell City Planning
Board meeting.
ROLL CALL
The motion passed 5 to 1 with Williamson abstaining.
PUBLIC COMMENT
No one wished to speak.
GARDNER ANNEXATION
A request by Gardner Investment, LLC for annexation and
initial zoning of B-5 (Industrial -Commercial) with a Planned
Unit Development (PUD) placeholder for 9 tracts of land
totaling 81.59 acres on the east side of Highway 93 South.
The 9 tracts of land are not contiguous and are located
between the intersection of Highway 93 South and Lower
Valley Road and Highway 93 South and Snowline Lane.
STAFF REPORT KA-08-05
Sean Conrad representing the Kalispell Planning Department
reviewed staff report KA-08-05 for the board.
Conrad reviewed the location of the properties, the current
zoning and the growth policy land use designations for the
board. The applicants are requesting B-5 (Industrial/
Commercial) zoning designation and the intent would be to
provide a variety of businesses including warehouses, light
industrial uses and an industrial/commercial park
development. These uses would not create objectionable
characteristics such as dirt, noise, glare, heat, odor, smoke,
etc., which extend beyond the lot lines. The zoning
designation would be found appropriate in both commercial
and industrial land use designations.
The proposed planned unit development (PUD) placeholder
would cover the entire 85+ acres of land and the intent of the
placeholder would be to allow a developer to enter into a
development agreement with the city binding the property to a
future PUD application. At the time of development they
would come back before this board and the city council with
the full PUD application showing connectivity, access,
landscaping and building design. The B-5 is not only
compatible with the city's current industrial land use
Kalispell City Planning Board
Minutes of the meeting of October 14, 2008
Page 1 of 5
designation, but the potential change to the mixed -use
designation as well.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KA-08-05 as findings
of fact and recommend to the Kalispell City Council that the
initial zoning for the properties upon annexation be B-5/PUD,
(Industrial-Commercial/Planned Unit Development)
placeholder.
One letter was received from John Stokes of KGEZ Radio
which Conrad read for the record. A copy is attached to the
minutes.
BOARD QUESTIONS Hinchey said this letter raises a question in his mind because
he thought the towers were on a portion of land that was
excluded from this application. Conrad explained the location
of the 2 towers and noted one tower is just outside the
property contained in this application and the other tower is
just inside this property. Hinchey asked if staff has done any
investigation of the claims by Mr. Stokes.
Jentz said the letter does not directly affect the planning
board because the board is addressing the zoning issue, not
whether the property should be annexed or not, which will be
a decision made by city council. Jentz added staff will consult
with the city attorney and city council when they act on the
annexation.
Williamson said the B-5 zone is proposed however the existing
auction house is not a permitted use in the B-5. He asked if it
would then be considered a non -conforming use and Conrad
said yes. Williamson asked what impacts that would have on
this property until the PUD is developed. Conrad said if the
property is annexed and the owners want to expand the
auction house the zoning code has provisions were they can
expand up to 50% with a conditional use permit. Also the
PUD placeholder would allow flexibility for the developer to
permit uses that might not otherwise be permitted within the
zoning district. The tradeoff is that the projects would be
better designed with a PUD. Conrad noted staff is currently
updating the city's zoning regulations including the B-5 and
indoor auction houses are proposed in the B-5 zone.
Williamson said then if there is no expansion there wouldn't
be any impacts and Conrad said the auction house would
operate as it is currently.
APPLICANT/CONSULTANTS Todd Gardner, 3065 Airport Road, and Highway 93 South
near Kalispell asked to address the letter from Mr. Stokes.
Gardner said many of the issues in the letter are not true
including any subdivisions approved before they bought the
property from the Andersons. These subdivisions were
reviewed and approved by the county. Mr. Stokes spent time
Kalispell City Planning Board
Minutes of the meeting of October 14, 2008
Page 2 of 5
in the county planning office going over all the Anderson
transfers and all of the deeds and was told they were all fine.
The Supreme Court has ruled on the easement issue and
determined it is located on the 32 acres which are not a part
of the 160 aces. The development rights belong to the
Gardners and agricultural uses are annexed into the cities
quite often to be developed which is what they are doing.
Gardner continued the reason they want to annex the land is
to prepare for development in the future. They do not have
any set in stone plans and do not have any fancy drawings for
the board but they want to be ready when things turn around
and people start pursuing land on the south end of town.
Gardner said they have had a lot of people approach them
with good quality projects ranging from banks, restaurants
and a hotel which would all fit into their vision for the
property.
Hull asked if they have thought about a road system for this
property and Gardner said Jackola has drawn up some
potential plans for the road system but it depends on how the
land is developed. Gardner said the state has also talked to
them about using some of their roads to combine accesses for
the bypass when it is constructed.
Hull asked who owns the billboards on the property and
Gardner said there are 2 different companies with 20 to 30
year leases however, he added the leases contain a clause that
they have the ability to take down the billboards as the
properties develop and that is their plan.
Hull asked if Gardner had any problems with the Siderius
Commons proposal and he said no. He added he had visited
with the developers of Siderius Commons and planning staff
and although he hasn't had a chance to really get into the
details he is very much in favor of good quality development
on the south end of town.
Hull asked if they had any plans for a truck stop/RV Center
which Hull feels would be an important component of the
bypass. Gardner said they have discussed this type of
development not only at this location but on property they
own further south of Kalispell.
Gardner said the other issue that Mr. Stokes brought up in
his letter is in reference to Gardner Development LLC's
ownership of the properties and he stated Gardner
Investments LLC, Todd & Davar Gardner, and Davar & Vickie
Gardner all own parts of the property. Davar is a common
owner of all of the property and therefore signed the
application. Gardner added however if they need to amend the
signatures on the application and petition to annex they will.
Kalispell City Planning Board
Minutes of the meeting of October 14, 2008
Page 3 of 5
PUBLIC HEARING
Ted Sokalowski, 225 Snowline Lane described fencing issues
along one of these properties where the fence is 10 feet off the
property line. Mr. Sokalowski noted that the fence cannot be
just torn down and then put up again in the right place
because the animals will get loose. Hull asked if the fence was
on the east boundary of the Northwestern Truss property and
Sokalowski said yes going east toward Demersville Road.
MOTION
Clark moved and Williamson seconded a motion to adopt
staff report KA-08-05 as findings of fact and recommend to
the Kalispell City Council that the initial zoning for the
properties upon annexation be B-5/PUD, (Industrial-
Commercial/Planned Unit Development).
BOARD DISCUSSION
Hull stated the board feels a grid road system is really
important. He likes the existing parallel road and he added it
should be extended and other roads should intersect it. Hull
said he has appraised the Northwestern Truss property twice
and part of that property is in the floodplain and is wetlands
and is not developable.
Hinchey asked if the entire 80+ acres could be developed as
industrial uses and Conrad said the growth policy designates
this land as industrial so whatever is permitted in the B-5 or
I-1 zones would be appropriate. Hinchey added the board will
be able to review the appropriateness of the proposed
development when they review the PUD.
There was discussion on the uses that would be allowed in
the B-5 zone. Jentz said the purpose of the B-5 with the PUD
overlay is to ultimately create a well -designed project with
mixed uses that relate to each other. Hinchey said he is very
encouraged to have the PUD aspect as part of this proposal.
Williamson noted there are a couple tracts of land with this
proposal that are separated from the rest and he asked if
anyone had any concerns about trying to incorporate the
separated tracts into a cohesive plan for the PUD.
Hull said he feels if the annexation & initial zoning is
approved it will encourage the other properties to annex in
between. Hinchey said this would be a good start.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
None.
NEW BUSINESS
Jentz said the scheduled work session for October 28th has
instead been scheduled as a work session with staff and the
West Valley and Riverdale Land Use Advisory Committees to
discuss the Kalispell West Growth Policy Amendment. Jentz
suggested the planning board is welcome to attend but it is
Kalispell City Planning Board
Minutes of the meeting of October 14, 2008
Page 4 of 5
not mandatory. The work session will be held at the
Stillwater Grange, 1810 West Reserve Drive and will begin at
7:00 p.m.
Next month's meeting is usually the 2nd Tuesday of the
month which in November happens to land on Veteran's Day.
Jentz suggested some alternative dates for that meeting and
it was decided that the meeting should be held the following
Wednesday, November 12, 2008.
ADJOURNMENT
The meeting adjourned at approximately 7:40 p.m.
ENTRANCE CORRIDOR
Immediately following the regular meeting a work session
STANDARDS WORK
was held on the following item:
SESSION
1. Entrance Corridor Standards
NEXT MEETING
The next regular meeting of the Kalispell City Planning
Board and Zoning Commission is scheduled for Wednesday,
November 12, 2008, at 7:00 p.m. in the Kalispell City
Council Chambers located at 201 First Avenue East in
Kalispell. The meeting date has been changed to Wednesday
due to the Veteran's Day Holiday.
After the meeting with the West Valley & Riverdale Land Use
Advisory Committees on October 28th, as noted above, the
next work session of the Kalispell City Planning Board and
Zoning Commission will be held immediately following the
regular meeting on November 12, 2008.
John Hinchey
Vice President
Michelle Anderson
Recording Secretary
APPROVED as submitted/corrected: / /08
Kalispell City Planning Board
Minutes of the meeting of October 14, 2008
Page 5 of 5
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (401) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
November 12, 2008
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Gardner Investments, LLC - Annexation and Initial Zoning of B-5/PUD (Industrial-
Commercial/Planned Unit Development)
Dear Myrt:
The Kalispell City Planning Board met on October 14, 2008 and held a public hearing to
consider a request for annexation and initial zoning of B-5/PUD on nine tracts of land
totaling 81.59t acres in size. The properties are located on the east side of Highway 93
South. The 9 tracts of land are not contiguous and are located between the intersection of
Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane. There are four
existing businesses located on two separate tracts included in the annexation request. The
Gardner's Auction Service, Rock City, and Janitor's World are located on tract 6.
Northwestern Truss, 3215 Highway 93, is located on tract 7C. The 9 tracts of land can be
described as follows: tracts 1, 17, 6, 6I, and lots 1 and 2 of the Mergenthaler Subdivision are
located in Section 28, Township 28 North, Range 21 West; tract 7C and lots 4 and 5 of the
Lost Creek Subdivision are located in Section 33, Township 28 North, Range 21 West P.M.M.
Flathead County, Montana.
Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-08-05
providing details of the proposal and the evaluation. He reported that the proposed B-5
zoning district was compatible with surrounding land uses and also consistent with the
Growth Policy which designates the area as both commercial and industrial. Staff
recommended the board consider recommending the council approve the initial zoning of
B-5/PUD based on this and other facts determined in the findings of fact report.
At the public hearing, Mr. Todd Gardner, spoke in favor of the proposed annexation and
initial zoning and addressed a letter sent to the board by Mr. John Stokes. One other
gentleman, Mr. Ted Sokalowski, addressed the planning board with his concerns of an
existing fence along the east boundary of tract 7C. The only other comment received was
from Mr. Stokes who owns the KGEZ radio station and associated towers. The radio
station property is adjacent to several of the Gardner's tracts they are requesting to annex
into the city. Mr. Stokes had several concerns including actual ownership of the tracts of
land requesting annexation, acknowledgement of his tower easement on the Gardner's
property, and illegal subdivision of several tracts the Gardner's currently own.
The board discussed the proposed zoning districts and how they may affect the existing
uses on the properties. Following this question and answer session, the board
recommended unanimously that the city council approve the requested initial zoning of B-
5/PUD (Industrial-Commercial/Planned Unit Development) for the property upon
annexation to the City of Kalispell.
Please schedule this matter for the November 3, 2008 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
John Hinchey
Vice President
Attachments: Letter of transmittal
Staff Report #KA-08-05 and supporting documents
Draft minutes from the 10/ 14/08 planning board meeting
Petition to Withdrawal from Rural Fire District
Cost of Services Analysis and Memo
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Gardner Investments, LLC
P.O. Box 958
Kalispell, Montana 59903
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 Armexation 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 Sett W KAt is' et— 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.
Petiti er/ $ dr Date
-p
Petition/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
ss
County of Flathead County
On this day of r , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared L)A/L �4 . 11,' ? 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 WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year rtificate first above written.
S AY- otary Public, State of Montana
j .- Residing at
My Commission expires. // .- .4-C _c v
STATE OF MONTANA )
ss
County of Flathead County
On this day of � , , before me, Lze undersigned, a Notary Public for
the State of Montana, personally appeared —� j-;Jt - 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 WHEREOF, I have hereunto set my hand and affixed my Not y al he day and
year in this certificate first S. Gn.''
� lee
�JP pTAp .00
Notary Public State o£an Mon a
Residing at
®— My Commission expires: t
STATE OF MONT c'
jDtiB1.�
Mo��P
County of Flathead
On this day of , , , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
, the and
respectively, of
the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
I IIVa(cVvo L;3:.3V rgA 4UbfnZUb14
ig 002/002
Exhibit A
LEGAL DESCRIPTION
That portion of the North half of the Northwest Quarter of Section 33, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of said Section 33; thence along the North
boundary line of said Section 33, South 89°56'04" East 43.01 feet to a point on the East
right of way line of U.S. Highway No. 93 said point being the Point of Beginning; thence
along the North boundary line of said Section 33, South 89056'04" East 1320.03 feet;
thence South 00°03'56" West 330.00 feet; thence North 89°56'04" Vilest 1320.03 feet to
a point on the East right of way line of U.S. Highway No. 93; thence along said right of
way line North 00°04' 14" East 330,00 feet to the point of beginning.
Excepting Therefrom: that portion conveyed to the State of Montana for public highway
purposes as granted in Deed recorded June 1, 1948 AND that portion lying within the
right of way of Highway No. 93 as disclosed in the Amended Judgment and Final order
of Condemnation to the State of Montana, Montana Department of Transportation
recorded November 6, 2000, Instrument No. 2000-311-14300, records of Flathead
County, Montana.
2003s.6813�t Ra
y FILE NO.: C`t�75513
���
Lots 4 anal 5 of Lost Creek Subdivision, according to thO map or plat thereof on
9d1a and of record in t.ho office of the Clerk atad Rocorder of Flathead Cou=aty,
Montana.
O
V
EXCEPTING THEREFROM that portion of Lot 5 deaded to Montana DopArtm%=t of
Tra=7ortation in Hargetxn and Sale Deed, recorded July 121 1999, as Doc. No.
1999-193-0a510, recordE: of Flathead County, Montana,
SUBJWT TO r5,ghta of way and aasamontLs established or of record.
SLIBa LT TO A reservation of as **moment over the portion of said land and for
the purposes stated hexein, and iacidontal purposes,
IN PASIOP, OF: The Federal Ladd Hank of Spokane
FOR : reservation of 50% of all mineral, oil and gas and related rights
RECOF= J4nuaxy 29, 1945, in Rook 261, page 154, as Doc. No. 340,
records of wlethead County, Montana,
SUBJECT TO Conditions end protective covenant contained in Abstrsydt of Property
settlezwput Agree *oat-;Kw"ted by nerd between Snow Line Tree Company and Mary
Margaret Little, recorded May 19, 1978, in Heck 642, Page 479, as Doe. No.
7133, records of Flathead County, Motzeax;a, but deleting any covenant, condition
or restriction indicating a grn�oreace, limit4tima or discrimination based on
race, color, religi=, sex, haAdieap, familial status, or rational origin to
tlae extent such Covenants, Conditions or restrictions violate 42 USC 3504(c)
SUBJECT TO Basexseut for tran=ia9ion line and related purposes grax%tea to
Flathead Electric Cooperative, Inc., recorded September 21, 1963, in Book 782,
Page 977, as Doc. No. 17524, records of Flathead County, Xontaa.
SUBJECT TO Sign Location Lease dated August 29, 1985 executed by and between
Hugh R. Louden mhd meson Sign Company, £or a term of 5 years and any
extensions, renewals ar tssodificatioxm thereof, xodorded April, 1, 1986, as Doc.
No. $5-091-14010, records of Flathead County, Montana_
SUBJECT To Twenty foot wide water line eas=ents as depicted on Lots 4 .and 5
of Plat of Lost Creek Z=bciivisim .
SUBJECT To Utility e4orA K;nts and powerline easements as depicted on the Plat
of Lost Creek 901pdivisioxt.
SUSSECT TO CWtlors Certit;icntion and grant of designated Utility Easements to
the public, as contained on the Plat of Lost Creek Subdivision.
8UB,7SCT TO Sixty foot duclsred county road, known as Snowline Lane, AlonS7
S=th boundary,
SUBJECT TO Tba effect ai restrictions contained in Certificate of Subdivision.
Plat Approval recorded with the Plat of Loot Creek Subdivision, recorded Jump
23, 1997, as boesuaont No. 1997-245-11510, records of Flathead County, Montana.
SUBJECT TO Water well Agzeement and Grezt: Of lutarsst In Water Well upon the
term=, conditions and pxovisioriN contained therein:
DATED January 2, 1997
PARTIES s Mugh R. Louden
RECORDED, September 2, 1997, as Doc. No. 1.997-245-11530,
records of Flathead County, Montana.
SUBJECT TO Agresmsent by and between Hugh R. Louden and the state of xoAtana
regarding access control lines and private approaches recorded Mxly 12, 1999,
ama Doe. No. 1999-193-08510, records of PlAtlaead County, Montana.
SUBJECT To Reservation of So% of all mineral, oil and gas =4 related rights
contained in doad exacutad by The Faderal Land Sank of Spokane, recorded
Jarasary 291 1945, -inns SOO]t 261, Page 15544, Doc. No. Flathendd�.�;
s4a
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REIN G3 �41i9s=T.M
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BEGINNING at t4a northeast cotter of the Northwest Quarter of the
Southwest Quarter of Sect -ion 28, 'Township 28 North, Range 21 West,
P.N. ,X. , Flathead County, Montana, which is a found iron pin;.
Thence along the east boundary of said NWi/4SWI/4 $00409158"E
920.64 feet to a found iron pin; Thence S30' 50' 14" W 465.57 feet to
a found iron pint Thence 50a'05-42RW 904.78 feet to a not .iron
pint Thence X89'5402111W 316.79 feet to a found iron pint Thence
SOo'06'59"W 418.85 feet to a found iron pin on said south boundary
of Section 28; Thence along said boundary N89'54021"W 60.00 feet
to a found iron pin; Thence x00`061599R 659.94 feet to a found
iron pin; Thence 000*05P4z"E 663.04 feet to a found iron pin;
Thence N00'00t15*W 659.95 feet to a found iron pint Thence
N89'59,10711E 21.57 feet to a found iron pin; Thence Woc)*16,105°W
1933.54 feet to a found iron pin on the southerly R/W of a county
road known as bower Valley Road; Theme along said R/W S88'471360E
596.68 feet to a found iron pint Thence leaving said R/W
500'0915amg 1260.51 feet to the point of beginning and containing
42.940 ACRES; subject to and together with two (2) 60 foot private
roads and utility easements as shown hereon; Subject to and
together with all appurtenant easements of record.
L00In WOOHIVId AUD Uld 6T22 SSL 90t JVd CO:VT 800Z/LO/TT
mm-JUXT A
FILE NO.: *CT-65489A
2001227! Y5 30
A tract of land situated, lying, and being in the Southwest Quarter Northwest
Quarter (sw1/4NW1/4) of section Twenty-eight (28), Township Twenty-eight (29)
North, Mange Twenty-oaie_ (21) hest, P.M.H., FlatAaad county, Montana, and more
particularly &*scribed as follows to wit:
Commencing at the Northwest corner of the Southwest quarter Northwest Quarter
(8w1/4NWl/4) of Snation 28, Township 28 North, Range 21 west, P.N_K-,
rlathead County, MvnLana, which is a found iroA pin; thence
South 00'04149" East, and hlong the west boundary of said SWI/4Nwl/4, a
distance of 30.01 feet to a point; thence
South 86'35,00" East, 30.01 feet to a point on the Easterly R/w line of u.8.
Highway No. 93; thIp-nee
South 00'0414911 East, and along the naet R/w line of said Highway No. 93, a
distance of 406.02;1 feet to a .set iron pin and the TrUO Point of Beginning
of the tract of iatid here -La deecrtbed; thence
North 89'55146" East, 469,02 feet to a set iron Pin) thence
South 00'05'DO^ East, 356.61 feet to a sek iron Din; thence
South 89'57130" west, 450.10 foot to a found iron pin on the Easterly R/w
line of said U.B. Highway No. 93, which point is on a 2,925.00 foot radius
curve concave Southwesterly, (having a radial bearing of South 89"36'16"
Kest); thence along said R/w line in a Northwesterly direction through a
central angle of 6'10152" an axc length of 315.56 feet to a set iron Din;
therice
North 00'04149" Ws,tt, and aozatinuiag along said R/W Brie, a distance of
41.56 Blot to the place of Beginning.
Tract 2 of Certificate of Survey. No. 6628.
SUBJECT TO A reservation of an easement over the portion of said land and for
the purposes stated herein., and incidental purposea,
IN FAVOR oirl The Montana power Company
rOR : the perpetual right and easement for flooding, subirrigatinq,
draining, or otherwise affecting with the water of Flathead Lake
and its tributaries
RECORDBD : October 24, 1949, in Book 306, Pays 362, as Doc. No. 5073,
records of Flathead County, MonL?A=.
SUBJECT TO Basement for the ye=Btual right and easement to erect, construct,
operate and maintdia radio towers, guy wires and ground and feed wires, and
conduicts granted to Donald C. Traloar recorded October 24, 1949. in Book 307,
Page 361, as Doc. No. 5074, records of Flathead County, Hontana-
AND
Grant and transfer of easement executed by Donald C. Troloar and Helen E.
Treloar to KGEZ xncorpoeated, recorded ,7uly 1, 1958, in Book 422, Page 199, as
ate$$
root 34002LZVId 1JN0 HZ'I,d 6TS2 SSL 90V YVa C0:VT 9009/LO/TT
M, 2001.227
BXHIHiT A
FILE NO.s *CT-65489
A tract of land situated, lying and being Sty the SoutUwoet Quarter Northwest
Quarter (SW1/dNwl/4) of section 'twenty-eight S28), Township Twenty -right (28)
North, Range Twenty-one (21) West, P.M.M., Flathead County, Montana' and more
peLrticularly doccribed oa follows to wit=
commencing at the Northwest Corner of the southwest Qt rter Northwest Quarter
of Section Ze, Township Z8 North, Range 21 West, p.m.H., Flathead County'
Montana, which is a found iron pin; thence
South 00'04'49n xast, and along the west boundary Of the said 5wl/4NW1/4, a
distance of 30,01 feet; thence
South 88'3510D^ Mast, io.01 feet to A found iron pin on the southerly R/W
line of the deeded County road known as g4wer Valley Roadn, said point
being thu True PoInt of Beginning of the tract of Iona herein described;
thence
South 68*35,00" "st, and along the South R/N line of said r0w8v valley Road,
a��o
C:�-p
a distance of 468.96 feet to a set iron Din; theriee �Y
South Do'05100" East, 393-97 ,feet to a sot iron Din, thence
South 89*55156" west, 468.82 feet to a get iron pin on the sasterly R/w line
of U.8. Highway Nt,- 93F thence
North ❑0'04'49" west, grid along the 8nsterly R/w line of said Highway No- 93,
a distance of 406.03 feet to she Place of Beginning.
Tract 1 of Certificatm of survey No. 6628.
SUBJECT TO A reservation of an easement over the portion of said land and for
the Purposes stated herein, and incidental purposes,
IN FAVOR OF: The Montana Povmr Company
FOR s the perpetual right anal easement for flooding, aubirrivating,
draining, or otherwise affecting with the water of Flathead i.akp
and its tributaries
RECORDED October 24, 1949, ir1 Book 306, Page 362, as Doc. No. 5073,
records of. Flathead County, Montana.
9U)BOCT TO Easement for the perpetual right and easement to erect, conatruct,
operate and maintain radio toaere, guy wires and ground and feed w1r98, and
conduicts granted to Donald C. Treloar recorded October 24, 1949, in Gook 307,
Page 361, as Doc_ No. 5074, racordg of Flathead County, Montana.
AND
drant and transfer of eaaem=t executed by Donald C. Treloar and Helen E.
Treloar to AGBZ Incorporated, recorded July 1, 1958, in. Book 422, Page: 199, as
c00 [a wool Tid bJN0 111I,3 6TS5 8SL 90r YVd M PT 8009/LO/TT
200+04 i BY
,,ATE - r.3- - „ril TrM�.,
��>dsEs
•AULA A SNSON is AIHM = NTy MONTAW
. Q AND WHEN REt7DRDD MAIL TO:
Gardner invmtTmm, LLC.
PO Box 95&
K7J!iW2il, MT 59903
glad for Record at Rftu of., 500xe Above cols Line ier Rem,dert Use On+y
Flathead Carney Tithe Company
i
(Q Order No.: 1907WFT
Parcel No,. 0009521 Fi. 098=1
WARRANTY DEED
i fOR VALUE RECRW.D,
North MWftrra Avenue Part n rship, LLP, a Montm i.Imibcd Liability ParbtB sl*
hereinafter called Grantor(s), do(es) hereby grant, bargain, sell and com+ey unto
Oarrine,r Inve%bT& res, Ur y a Montana LlmKad tlabiKy Company
ku
whose address is; PO Bon 958, Katspeti, MT SMS
O
Hereinafter called the Grantee, the following described premises sttoattci in Hatbead County, r4or terra, �Q
� ba-colt:
LOTS 1 AND 2 OF MERGENTHALER SUBDl WON, ACCORDING TO THE PLAT OR MAP THEREOF
ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDEA OF FLATHEAD O
COUNW, MONTANA.
SUS)ECT TO covenants, conditions, restrict om, provk*ww, emmwl;s and encumbrances apparent or of
record.
TO HAVE AND TO HOLD the said prmries, with ks appurtenerxes unto die said Grantees and to
the Grantee's heirs and assigns forever. And the said Grantor does hwtby covenant to ar,d whh the said
Grantee, neat the Grantor is the owner in fee simple of said Wernises; that said prerrus% ere free from all
encumbrances tick current years taxes, le -es, and amrna ts, and except U.S. Patera resetraU ms,
restnctims, easements of record, and easements visible upon the premises, and that Grantorwiil var ant
.,and defend the same from all lawful dolma whatsoever_
Pw rd z
900In H00HIV'Id AJND HJ.'Id 6T59 95L 90P XV3 CO:VT 900L/LO/TT
200127Q { 5S3
EZr3IEIT A
IMLE NQ.! CT-56551
A tract OR land, situated, lying and being in the aouthwest Quarter of the
Northwest quarter and J.n the North Half of the southwest Quarter of Section
28, Township 28 North, Rage 21 west, P.M_X., Flathead County, mantana, and
more Particularly described as follows to wit:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest
Quarter of Section 28, Township 28 North, Range 21 west, P.M.H., Flathead
County, Montana; tbeace along the East boundary of said SW1/4NW1/4
North 00'09158" west 1260,51 feet to a found iron pin on the Southerly R/W of
a county road )nowU as Lower valley road; thence along said R/W
Nbrt.h 88'47,36" west 596-68 feet to a found iron Din; thence leaving said R/W
South 00'16105" East 299.82 feet to a found iz= pin, and the True Point -of
Beginning of the tr-sct of land herein described; thence continuing South
00^16105" Bast .1633.72 Suet to a set iron pin; thence
South 89'59107" West 681.55 feet to a found iron pin, on the Easterly R/W of
U.0. Highway No. 93; thence along said R/W
North 00'09'41" East 561.87 feet to a found iron Din: thence leaving said R/W
South 89'54.26• East 449-93 feet to a found iron piny theaca
North 00'Ole31• west 627.03 feet to a found iron pin; thence n d�
North 00'17.05" West 450.30 feet to found iron pin; thence
South 89'46151" East 224.96 meet to the Point of aeginning.
Tract 2, Certificate of Saz-t;ay No. 14830.
SUBJECT TO County road rights-cf-way not recorded and indexed as a conveyance
in the office of the Clerk and Recorder pursuant to title 70, chhPtex 21,
X.C.A.
3UEJECT TO A reePrVatiQn of an easement over the portion of said land and For
Me pUrP098s stated h0teizl, and iacidsntt%i Durposes,
IN FAVOR OF: The Montana .rower CompsAy
FOR flooding su:oIrxigating, draining, or otherwise affecting with the
water of Flathead Lake and its tributaries
RECORDED : October 24, 1949, in Book 306, page 362, as Doc. No. 5073,
records of Flathead County, Montti&n
SUBJECT TO Aasemeat for 1;110 perpetual right and eMAMent to erect, construct,
operate and ma!4ntain radio towers, guy wires and ground and feed wires, and
oonduita granted to Douala C. Treloar recorded October 24, 1949f in Book 307,
Page 361, as Don. No.. 5074, records of Flathead County, Hont6Aa.
AND
Brant and transfer of easement executed by Donald C. Traloar and Helen M.
Traloar to xCSZ incorporated, recorded .7uiy 1, 1958, im book 421, Page 199, as
DOC. No. 3910, records of Flathead County, Montwin.
AND
warranty need executed by KGEZ, rncorporatad to Skyline groadcastars, Inc-,
recorded November 29, 1982, in Book 752, Page Bel, as Doc. No. 17846, records
of Flathead County, m=tana-
SUBJECT TO Resolution, nestgnativn of LL-mited Access Highway, recorded October
2$, 1991, as Doc. No. 91.398-15550, records of FleklzGad County, XontainA.
SUBJECT TO Resolution No. 957A executed by the Aoard of Commissioners of
Flathead County for the Lower Side zoning District recorded October 21, 1993
as Doc. WO, 93-294-11170, Vecord6 of 9'lamhead County, Montana.
SUBMIT TO Resolution No. 939-A executed by the Board of County Commissioners
for tine Highway 93 south Neighborhood Plan recorded October 21, 1993 as Doc.
No. 93-294-11230, records of Flathead County, Montana.
SUBJECT TO AND TOQLTHER W3:TH rights of way and easements established or of
record.
81AN bt+ AtiA 9 i
GuMY a o.d )
o slob M and nanrd.d M tM nwrdf of Fimnasd Cu,.raY,
900 qj
110026LyId AIND HVI,3 6TS2 99L 90r XVS SO: VT 8009/L0/TT
GARDNER INVESTMENTS, LLC
REQUEST FOR INITIAL ZONING OF B-5/PUD UPON ANNEXATION
STAFF REPORT #KA-08-05
KALISPELL PLANNING DEPARTMENT
SEPTEM 3ER 30, 2008
This is a report for the Kalispell City Planning Board and the Kalispell City Council
regarding the initial zoning of B-5 (Industrial -Commercial) with a Planned Unit
Development (PUD) placeholder upon annexation to the city for property located on the
east side of Highway 93 between Lower Valley Road and Snow Line Road. A public
hearing has been scheduled before the planning board for October 14, 2008 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-5/PUD.
A. Petitioner and Owners: Gardner Investments, LLC
P.O. Box 958
Kalispell, Montana 59903
(406) 752-7683
B. Location and Legal Description of Property: The annexation request includes 9
tracts of land totaling 81.59t acres on the east side of Highway 93 South. The 9
tracts of land are not contiguous and are located between the intersection of
Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane. There are
four existing businesses located on two separate tracts included in the annexation
request. The Gardner's Auction Service, Rock City, and Janitor's World are located
on tract 6. Northwestern Truss, 3215 Highway 93, is located on tract 7C. The 9
tracts of land can be described as follows: tracts 1, 1F, 6, 6I, and lots 1 and 2 of
the Mergenthaler Subdivision are located in Section 28, Township 28 North, Range
21 West; tract 7C and lots 4 and 5 of the Lost Creek Subdivision are located in
Section 33, Township 28 North, Range 21 West P.M.M., Flathead County,
Montana.
C. Existing zoning: The properties are currently in Flathead County jurisdiction
and are zoned I-1H, Light Industrial - Highway, which 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.
D. Proposed Zoning: The B-5, Industrial -Commercial, zoning designation has been
proposed for all 9 tracts of land. The B-5 zoning district is intended primarily to
accommodate a variety of business, warehouse, and light -industrial uses in
industrial -commercial park development. Such uses shall not create
objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.)
which extend beyond lot lines. This district should be located near major
arterials and rail services.
The Planned Unit Development (PUD) placeholder is also proposed to be placed
over all 9 tracts of land in conjunction with the B-5 zoning district. 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
81.5 acres.
F. Existing Land Use: The majority of the 81.5 acres is unimproved land except for
two of the tracts. Tract 6 includes an auction house, janitor supply store and
retail store specializing in building and landscape rocks. Tract 7C, south of tract
6, is developed with a truss company. Tracts 1 and 1F are developed with
billboards, tract 6I includes a radio tower serving a nearby radio station, and lot
5 of the Lost Creek Subdivision includes a 300 square foot building previously
used as an office.
Figure l: The picture on top is of the existing truss company on tract 7C. The
picture below shows the three commercial buildings on tract 6.
If the properties included in the annexation request are annexed and are given
the initial zoning of B-5, the existing auction house on tract 6 and the single-
family residence on tract 7C will become a non -conforming use. Also, the
billboard signs on tracts 1 and 1F will eventually need to be removed based on
provisions in chapter 27.24 of the zoning ordinance.
Sections 27.17.020 and 27.17.030 listing the permitted and conditional uses in
the B-5 zoning district do not include an auction house. The auction house will
therefore be considered a non -conforming use subject to the provisions of
chapter 27.25, Nonconforming lots, uses and structures, of the Kalispell
Ordinance Code. Possible changes to the permitted or conditional uses in the B-
5 zoning or through the PUD process could alleviate the non -conforming status of
the auction house in the future.
The three existing billboards located on tracts 1 and IF will need to be removed
within five years of annexation of the properties provided they are assigned the B-
5 zoning district. Section 27.24.080(7)(h) states, "Whenever a parcel of land
containing any billboard is rezoned, or annexed and zoned, to one of the
prohibited zoning classifications, the billboard or billboards shall be removed
within five years of the rezoning or, in the case of annexation, within five years
of the date upon which a city zoning classification is imposed upon the annexed
parcel; provided that any billboards removed pursuant to this subsection may
be reinstalled within any of the permitted zones listed in Section 27.24.110, in
accordance with subsection (f), supra." Section 27.24.110(9) prohibits
billboards in the B-5 zoning district.
Figure 2: The three existing billboards on tracts 1 and 1F. The photo was
taken viewing the billboards from the perspective of northbound traffic on
Highway 93. Highway 93 is just outside of the picture frame on the left.
The planning board and city council should note two other minor issues related
to signs and lighting. There is currently an off -site commercial center sign
located in the southwest corner of lot 1 of the Mergenthaler subdivision. The
commercial center sign faces Highway 93 and is advertising three commercial
buildings located east of the highway. The sign includes four panels however
only three of the panels are currently being used. The total sign area for all
four panels is approximately 36 square feet per face. This complies with the
County's sign standards for maximum allowable signage.
Figure 3: The existing off -site commercial center sign on lot 1 of the
Mergenthaler Subdivision.
If the property is annexed and assigned the B-5/PUD zoning the sign will be
considered non -conforming based on Section 27.24,070 of the zoning
ordinance. This section of the code provides for sign area allowances for
developed properties. The property is currently undeveloped, making the sign
non -conforming at this time. Once the property is developed the sign area will
be counted towards the overall sign allowance for the property. The sign will
also count towards the allowable detached signs permitted for the property.
Regarding the lighting, during a site inspection of the properties the outdoor
lighting for the existing commercial buildings does not meet the outdoor lighting
standards in the zoning ordinance. The wall lighting is not fully shielded as
required by the ordinance code. If annexed, the lighting will need to be brought
into compliance by January 1, 2009. The city council may grant two, one-year
extensions based upon a specific hardship and upon written request.
4
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 east of the highway. These uses include a moving company, radio station,
heavy equipment rental and repair, veterinary clinic, mini -storage and powder
coating company. The two lots along Snowline Lane have commercial uses to the
north and south with residential development to the east and southeast of the
properties. An attached aerial photo of the area titled Gardner Annexation Area
shows existing development in relation to the land requesting annexation and
initial zoning.
North: Residential and commercial, County R-1 (Suburban Residential)
and County I-1H
East: Vacant land, County SAG-5 (Suburban Residential)
South: Residential, R-1 (Suburban Residential)
West: Commercial/Industrial, City B-2 (General Business)
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 east from the
highway oriented businesses are larger undeveloped tracts or rural residential
tracts of land.
I. Availability of Public Services and Extension of Services: With the exception
of the Town Pump gas station, located at the intersection of Cemetery Road and
Highway 93, and Old School Station, located on the south end of the growth
policy amendment boundary, the remaining lands are outside of city limits.
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 Master Plan?
Three of the properties, tracts 1, 1F, and a portion of 6I are designated by the
Kalispell Growth Policy Future Land Use Map as commercial. This designation is
found at and around the intersection of Highway 93 and Lower Valley Road. The
remaining tracts of land included in the annexation request are designated
industrial by the Kalispell Growth Policy Future Land Use Map.
Based on the current growth policy land use designation the applicants
requested the B-2 (General Business) and I-1 (Light Industrial) zoning districts
upon annexation. The B-2 zoning district complies with the commercial land use
designation and the I-1 complies with the industrial designation. Upon further
review of the zoning districts the planning department is recommending the
planning board consider an initial zoning of B-5 with a PUD placeholder for all of
the tracts requesting annexation. The planning department has discussed the B-
5/PUD zoning with the applicants and they concur that a B-5 zoning district with
a PUD placeholder is reasonable based on the current land uses on and around
the properties included in the annexation.
The planning board has recently reviewed and recommended changes to the land
use designations in this area of Highway 93. The changes in land use
designations have come about because of increased pressure by a large
landowner to the west to also annex into the city and secondly to review the
larger Highway 93 corridor to determine whether the industrial land use
designation is still relevant in this area.
After holding a public hearing the planning board recommended the industrial
land use designation on the east side of Highway 93 be changed to an urban
mixed use designation. The urban mixed use designation is intended to provide
for a compatible mix of high intensity uses including office as well as some
commercial and light industrial. Residential development including single-
family, townhomes and apartment units along with public facilities would also
be found in this land use designation. The intent, permitted and conditional
uses of the B-5 zoning district comply with the urban mixed use land use
designation in addition to the commercial and industrial land use designations.
The proposed B-5 (Industrial -Commercial) zoning district permits a variety of
office, commercial and light industrial uses that are compatible with both the
existing commercial and industrial designations and the anticipated change to
the urban mixed use designation. This is based on the B-5 zoning district's
intent to accommodate a variety of business, warehouse, and light -industrial
uses in industrial -commercial park development. Such uses shall not create
objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.)
which extend beyond lot lines. This district is also intended to be located near
major arterials and rail services. Highway 93 fronts half of the land proposed
for the B-5 zoning. The other half of land is within 1/4 mile or less of Highway
93.
The following goals of the Kalispell Growth Policy support the request to zone the
tracts of land B-5 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.
In addition to zoning the 81.5 acres B-5 upon annexation the developer is also
requesting the Planned Unit Development (PUD) placeholder be included in the
zoning. The majority of the land proposed for 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
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/or industrial is
included in the growth policy. Chapter 4, goal 1 of the Kalispell Growth Policy
states, "Encourage the development and growth of prosperous commercial and
industrial districts, each with a viable mix of businesses, suitable infrastructure,
and a coordinated development pattern that reduces business costs and
increases small business opportunities."
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-5/PUD zoning is consistent with the existing
commercial and industrial land use designation shown on the Kalispell Growth
Policy Future Land Use Map. The B-5/PUD zoning will also be consistent with
the urban mixed use land use designation if the city council approves the
changes recommended by the planning board.
2. Is the requested zone designed to lessen congestion in the streets?
The uses allowed under the proposed B-5 zone would not generate more traffic
than those allowed under the existing I-1 H county zoning. This is because the
proposed B-5 zoning includes very similar uses as the I-1H zoning district. All
of the tracts included in the annexation request are adjacent or within 1/4 mile of
Highway 93. Upgrades to the highway as well as the PUD placeholder and
revised goals and policies proposed in the Kalispell Growth Policy for this area
will require alternative transportation routes in the area. This in turn would
lessen congestion for the immediate streets.
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 properties which would
compromise the safety of the public. 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.
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 commercial business or 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 insure adequate
light and air is provided.
6. Will the requested zone prevent the overcrowding of land?
The minimum lot size for the proposed B-5 zoning designation on this property
is 7,000 square feet. The potential development associated with the property
would be limited by both the development standards associated with the B-5
zoning district that relate to lot coverage and the types of uses permitted under
the zoning and the PUD placeholder. 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 industrial development in this area is
appropriate because of its location and the availability of urban services.
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.
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 properties have legal access onto either
Lower Valley Road, Highway 93, or Snowline Lane. 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 one tract, 7C, having its eastern portion
within a 100-year floodplain. However, future development on tract 7C would
occur west of the existing truss company located on the property and out of the
floodplain portion of the property.
The proposed B-5/PUD zoning district would permit uses consistent with the
surrounding land uses already established along the Highway 93 corridor. 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. The property is
suitable for commercial and light industrial type land uses as indicated by the
Growth Policy.
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 east side of Highway 93 south of Lower Valley Road. This area's character
is a combination of commercial and industrial development along Highway 93
with undeveloped lands both along the highway and east of the existing
development. There are some larger residential tracts of land to the north of
Lower Valley Road and along Snowline Lane, the southern extent of the lots
requesting the initial zoning. However, residential development is not the
predominant land use.
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 maintain 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. A B-5/PUD zoning designation would be
appropriate for the site given the existing land uses and potential development
encouraged through the industrial zoning 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-5/PUD zoning
will promote compatible and like uses on this property as are 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 light industrial development should be encouraged in areas
were services and facilities are available to support these types of uses permitted
or conditionally permitted under the B-5 zoning district. 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.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-08-05 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for the properties upon annexation be B-5/PUD, (Industrial-
Commercial/Planned Unit Development).
10
Oct 13 08 12:12p Elizabeth 406-267-0459 P•1
October 13, 2008
Regarding Rezone Annexation Request File# KA-08-05
Objection to rezone and annexation.
All members of this planning board are put on notice of these facts.
Gardner's Development LLC are not the majority owner and therefore not
qualified to petition for annexation or rezone_
Gardner's testified in open court, and introduced exhibits on these very
properties, and Gardners Development LLC only own 5 acres adjacent to
Merganthalers and one small lot with a residence upon it on Lower Valley road.
Gardner's Development LLC do not own the property requested in the Rezone
and annexation. Examine the title. If it is otherwise, they committed perjury in
court on September 16th and 17th, 2008.
I also believe one is not permitted to make false statements to a governing body,
under penalty of law.
The properties have a permanent easement upon it for the perpetual placement
and relocation of towers that are currently used by KGEZ 600 AM, and to be for
agricultural use only. Any obstacles placed upon the easement are to be
removed.
Also the KGEZ towers emit extremely dangerous and deadly radiation. Humans
are not to be within 500 feet for any prolonged period of time. Radiation is a
known cancer risk.
The development rights are possessed by KGEZ, the dominanftenant not
Gardner's the serviant tenant.
Judge Stadler reduced the easement, to 33 acres from 160, unlawfully and
exceeded his jurisdiction. Yet you do not even show The segregated parcel. A
Summons and Complaint against Judge Stu Stadler is being prepared to file in
the United States Federal Court 10th District Washington D.C. For exceeding his
jurisdiction. All parties of record were put on notice in April 10, 2008.
The Gardner's and the Anderson have been engaging in unlawful subdivisions of
these parcels outside of the Montana Subdivision Statues and avoiding the legal
process of subdivision. The Anderson's have been creating family transfers, or
agricultural subdivision claiming exemption of the subdivision laws and then
immediately selling the property to the Gardner's.
The penalty for avoiding the Montana Code is to void the transfer of ownership,
not reward, with annexation or enhanced value through zoning. You now have
been put on notice and required to investigate and enforce the subdivision
statutes in their entirety.
Oct 13 08 12:12p Elizabeth 406-257-0459 p•2
The have also been claiming agricultural use for real estate tax purposes, not
business industrial.
Agricultural land is not to be annexed into cities per Montana Statute.
ctf y s
John Stokes
KGEZ 600 AM
P.O. Box 923
Kalispell, Montana 59903
752-2600
K
Oct 13 08 12:13p Elizabeth
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Z- 6110 )
THE EDC"rE,
P.O. Sox 169
Kalispell, MT 59903
406-752-2600 FAX 406-257-0459
NOTICE TO ALL Z-600 EMPLOYEES
PLEASE BE ,ADVISED THAT RF LEVELS AT GROUND
LEVEL AT THE Z-600 AM TRANSMITTER, STUDIO AND
TOWER SITE ARE WITHIN THE ANSI STANDARD, IN
COMPLIANCE WITH FEDERAL GUIDELINES WITH ONE
RESTRICTION, ACCESS TO THE TUNING SHACK AT
TOWER #2 SHOULD BE LIMITED TO NO MORE THAN 90
SECONDS IN A SIX MILE CYCLE.
IT IS ALSO THE POLICY OF THE LICENSEE THAT NO
PERSON SHALL CLIMB THE KGEZ TOWERS WHILE
THAT STATION IS ON THE AIR.. PLEASE CONSULT
WITH MANAGEMENT BEFORE ATTEMPTING TO CLIMB
� THESE TOWERS. .
` A VIOLATION OF 7FSE RULES WILjd BE CONSIDERED
A SERIOU$4WRgC,TI0,hf-pF—E0N}"Y RULES.
SIGNED-
JOHN STOKES
DATED THIS 28TH DAY OF APRIL 2000.
R
PUNNING FOR THE FUrURE
November 5, 2009
Gardner Investments, LLC
Attn: Davar Gardner
P.O. Box 958
Kalispell, MT 59903 -0958
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kafispell.com/p,lanning
RE: Fire requirements for Tract 7C and Lot 5 of the Lost Creek Subdivision upon
annexation
Dear Mr. Gardner:
This morning Dan Diehl, Kalispell Fire Chief, and D.C. Haas, Kalispell Fire
Marshal, met with you to discuss fire related concerns for buildings located on
Tract 7C and Lot 5 of the Lost Creek Subdivision. If annexed, the fire department
will provide the fire suppression for these buildings however, no fire hydrants serve
either of the properties. It was agreed that for the small office located on Lot 5 of
the Lost Creek Subdivision the power would be cut to the building within the next
week. For the existing truss company on Tract 7C, it was agreed that annexation
could occur but a fire hydrant would be installed by you at a location approved by
the Kalispell Fire Department no later than June 1, 2009.
If you have any questions please contact me at 758-7940 or by email at
sconrad@kalispell.com.
Sincerely,
7E:-- es,
Sean Conrad
Senior Planner
c: Kalispell Fire Department
City of Kalispell
Planning Department
L /6 0--
l/
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 C}
Telephone: (406) 751-1850 �� D
Fax: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: C F� j iJ t� ff
MAIL ADDRESS: `�" 0
CITY/STATE/ZIP: �R1.\� P-�-�- M� j� ( PHONE:{�1,'-�5�
INTEREST IN PROPERTY: tJ 7Zr
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: �i Q �') -e_1
MAIL ADDRESS:
CITY/STATE/ZIP: PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property:
Legal Description: Sew k--Tymc
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac)
The present zoning of the above property is:
The proposed zoning of the above property is: Q - 2 J 1
State the changed or changing conditions that make the proposed amendment necessary:
The signing of this application 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.
(Date)
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 SbQlri 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 S years from date of annexation.
Petiti / Date
Petition/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
: ss
County of Flathead County
On this day of z/�� , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared DAV112 M • 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 WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year G4 y rtificate first above written. F
t+' S's, L et otary Public, State of Montana
Residing at ��✓'I�--Q
My Commission expires. —
STATE OF MONTANA )
ss
County of Flathead County
On this & day of Vk'>VTcj�� , , before me, e undersigned, a Notary Public for
the State of Montana, personally appeared 'k 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 WHEREOF, I have hereunto set my hand and affixed my Not al the day and
year in this certificate first,�o_n.—� _
STATE OF MONT
County of Flathead
yJ5 OOTAR),
�9
�G jOUBL
Notary Public State of Moir
Residing at
My Commission expires: �!
On this day of , , , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
the , and
respectively, of
the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
11/09/2008 23:30 FAX 4067529874
IM 002/002
U W t-u'=
Exhibit A
LEGAL DESCRIPTION
That portion of the North half of the Northwest Quarter of Section 33, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of said Section 33; thence along the North
boundary line of,said Section 33, South 89"56'04" East 43.01 feet to a point on the East
right of way line of U.S. Highway No. 93 said point being the Point of Beginning; thence
along the North boundary line of said Section 33, South 89°56'04" East 1320.03 feet;
thence South 00°03'56" West 330.00 feet; thence North 89°56'04" West 1320.03 feet to
a point on the East right of way Iine of U.S. Highway No. 93; thence along said right of
way line North 00104' 14" East 330.00 feet to the point of beginning.
Excepting Therefrom: that portion conveyed to the State of Montana for public highway
purposes as granted in Deed recorded June 1, 1948 AND that portion lying within the
right of way of Highway No. 93 as disclosed in the Amended Judgment and Final order
of Condemnation to the State of Montana, Montana Department of Transportation
recorded November 6, 2000, Instrument No. 2000-311-14300, records of Flathead
County, Montana.
2003168 t 5 44 In
r FZLV NO.: C`t-75513
Lots 4 and 5 of Lost Creek sub$Lvisien, according to the map or Plat thereof on
£ile and of record iti t.ho office of the Clerk aizd Bocorder of Flathead County,
Montana.
BX=TING THEREFROM that portion of Lot 5 deeded to Montana Department of
TraAz?ortation in Harge.in and Sale Deed, recorded July 12, 1999, as Doc. No.
1999-193-08510, racor&: of Flathead County, Montana,
MMCWT To ra,ghta of way and casawantss established or of record.
SUBJECT TO A reservation of an easement over the portion of eaid land and for
the purpoees stated 'herein, and incidental y=voses,
IN PAVOP OF: The Federal Lend Hank of Spokane
POR reservation of 50% of all minaral, oil and gas and relaxed rights
p2cop= Jh uary 29, 1945, in Rook 261, page 154, as Dow. No. 340,
records of Flathead County, Montana.
SUB,TECT TO Conditions end protective covenant contained in Abstract of Property
Settlazwpnt Agreemagt cxocuted by and between Snow Line Trod ConWany and Mary
Margaret Little, recorded May 19, 2979, in Hook 642, Page 479, as Doc. No.
7133, records of Flathead County, me=tax;m, but deletiAg any co'vennnt, condition
or restriction indicating a prdforence, limitation or discrimiAaation b*ged on
race, color, religion sex, handicap, familial status, or national origin to
the extent such Covenants, conditions or restrictions violate 42 USC 3604{c},
SUBJECT TO E'asemmz for tranataiasion line and related purposes granted to
Flathead Electric Cooperative, Inc_, recorded September 21, 1903, in Book 782,
Page 077, as Doc. No, 17524, records of Flathead county, MRntaza .
SUBJECT TO Sign Location Lease dated August 29, 1985 execdted by and between
Rugh R. Louden Wad Epson Sign Company, fvr a term of 5 yoaro and any
extensions, renewals or riodificatiotLa thereof, radorded April, 1., 1986, as Doc_
No. 95-091-14010, records of Flathead County, Montana_
SUBJECT To Twenty foot wide water line emawments as depicted on Lots 4 and 5
of Flat of Lost Creek Stibdivisiob,
SUBJECT TO Utility easetacnts and powsrline ease*=ts as depicted on the Plat
of Loat Creek subdivisioxL.
SUBJECT TD oWAors Certilliontion and grant of deai.gnatad Utility rsasements to
the public, as contained on the Plat of Loat Creek Subdivision.
SUBJECT TO Sixty £oot duclared county coed, known as Suowline Lane, along]
South bmmdary,
SUBJECT TO Tha effect of restrictious contained in Certificate of subdivision
Plat Approval recorded with the Plat of Lost Creek subdivision, r@corded June
23, 1997, as boaLtmont No. 1.997•-245-11510, records of rlathead County, Montana.
SU80ECT To Water Wall Agree=sut and Grant Of !Atsrsst in wfttar wall upon the
terms, conditions and pxovisions contained therein;
DATED January 2, 1997
PARTIES Hugh R. Louden
RECOPMED: September 2, 1997, as Doe. No. 1997-245-11530,
records of Slathand county, M03%u ia.
SUBJECT TO Agraument by and between Hugh A. Louden and the state of MoAtona
regardimg access control lines and private approaches recorded July 12, 1999,
as Doe. No. 1999-193-08510, records of Flathead COLtntx, Montana.
SUBJECT To Reservation of 50% of all mineral, oil and gas and related rights
contained in deed executed by The rederal Land Sank of Spokane, recorded,
January 29, 1945, i.ts Sooit 261, pago 154, as Doc. No, 340, records of Flathead
57A�'FQF1'C�1'ANd CO(l1V'lYOf'/�47FlE�fD) sl ,
RE�D4G� 2r 17N.r RcrneD�5/or,
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WY61
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200� Noo2i�V'Ia �I,I o H�,'I3 sTsS 8�L s0r %E�3 Eo,VT 840Z/L0tTT
BEG21MING at the northeast corner of the Northwest Quarter of the
Southwest Quarter of Section 28, Township 28 North, Range 21 West,
P.N.,M., Flathead county, Montana, whioh is a found iron pin;.
Thence along the east boundary of said NWl/4SWI/4 840°091580E
920.64 feet to a found iron pin; Thence S30' 50' 14"W 465.57 feet to
a found iron pini Thence SOO'05142'W 904.78 feet to a set iron
pin r Thence X 54 P 21"W 316.79 feet to a found iron pin; Thence
500'06'59"W 418.85 feet to a found iron pin on said south boundary
of Section 28; Thence along said boundary N89'S4'21"W 60.00 feet
to a found iron pin; Thence N00606'590H 659.94 feet to a found
iron pin; Thence N00'05'48"$ 663.04 feet to a found irm pin;
Thence N00'00$15NW 659.95 feet to a found iron pint; Thence
N89'5940701E 21.57 Peet to a found iron pin; Thence MOo'16I05°W
1933.54 feet to a found iron pia on the southerly R/W of a county
,road known as Lower Valley Road; Theme along said R/W B88'470369E
596.68 feet to a found iron pin; Thence leaving said R/W
600'09158HE 1260.51 feet to the poibt of beginning and containing
42.940 ACRES; Subject to and zogether with two (2) 6D foot private
roads and utility easements as shorn hereon; Subject to and
together with all appurtenant easements of record.
L00II WOOUV'Id AJND Hilid 6T58 89L 90t YM £0:%T 90OZ/LO/TT
MtIBXT A
FILE NO.; *CT-65489A
2Qf)122.7h (530
A tract of land situated, lying, and being in the southwest Quarter Northwest
Quarter (swl/4NW2/4) of Section Twenty-eight (28), Township Twenty-eight (28)
North, lkange Twenty -me (21) west, P.H.M., @lataoad county, Montana, asid more
particularly described as foiiows to wit;
Commencing at the Northwest Corner of the Southwest (Quarter Northwest Quarter
(Swl/4Nw1/4) of SElction 28, Township 28 North, Range 21 West, P.M.K.,
Flathead County, Montana, which is a found iron pin; thence
South 0O'04149" East, and along the west boundary of said swl/4NW1/4, a
distance of 30.01 fast to a point; theA m
South 86'35;OOH East, 30.01 feet to a point on the Easterly R/W line of U.8-
MiqhwaY No. 93, tILIPnce
South 00'04149H East, and along the Last R/W line of said Highway No. 93, a
distance of 406.041 feet to a aet iron pin and the True Point of Begintxing
of the tract of lwid here -in demcr4bed; thence
North 89'55'd6H East, 46e.82 feet to b set iron Dinj thence
South 00'05'OOH East, 356.61 feet to a sat iron Din; thence
South 99'57130H West, 450.10 test to a found iron pin on the Easterly R/W
line of said 0,8. NIghway No. 93, which point is on a 2,925.00 foot radius
curve concave 9outhwe®Laxly, (having a radial b9aring of South 89'36'16"
West); thence along said R/W Nine in a Northwesterly direction through a
central angle of 6'101524 an arc length of 315.56 feet to a set iron Din;
therice
North 00'04149" west, and aoxmi.nuing along said R/W liege, a diatancws of
41.56 Peat to the Place of Beginning.
Tract 2 of Certificate of gurvey No. 6628.
SUBJECT TO A reservation of an easement over the portion of said land and for
the purposes stated herein, and incidental purposes,
IN FAVOR ot*, The Montana Power Company
FOR s the perpetual right and easement for flooding, subirrigating,
draining, or otherwise affecting with the water of Flathead Lake
and its tributaries
RECORDED : October 24, 1949, in Sock 306, Page 362, as Doc. No. 5073,
records of IM4theacl County, Montrma.
SUBJECT TO Basement for the perpetual right and easement to erect, construct,
operate and maintain radio towers, guy wires and ground and feed wires, and
conduictS granted to Donald C. Treloar recorded October 24, 1949, in book 307,
Page 361, as Doc. No. 5074, records of Flathead County, Montana.
AND
Grant and transfer of easement executed by Donald C. Treloar and Helen E.
Treloar to KGLZ xacorporated, recorded July 1, 1959, in Book 421, Page 199, as
/
Poo[z K00N,L%'id BIND &LZS 6T99 85L 90% YV3 CO:6T SOOZ/LO/TT
2001.227 IY571 C
WMIHiT A
FXL9 NO.: *CT-65489
A tract of land situated, lying and being IA the SOUt21wc-st QuetrtQr Ncrth�weat
Quartet (SWi/4NWl/4) of section Twenty-eight (28), Township Twenty -right (28)
North, Range Twenty-one (21) West, P.M.M., Flathead County, Montana, and more
particularly deacribed as follows to wit=
Commencing at the Northwest Corner of the southwest Quarter Northwest Quarter
of Section 29, Township 28 North, Range 21 West, B.M.M., Flathead County,
Montetna, which is a Found iron pin; thence
south 00'04'49n Bast, and along the West boundary a£ the said UW1/4Nwl/4, a
distance of 30,01 feet; thence
South 88'35'OD" Bast, 30.01 feet to A found iron pin on the Southerly R/W
line of the deedoi3 County road known as "Lower Valley Road", said point
being thv True Point of Soginning Of the tract of land herein describgdt
thence
South 88'35'00" "st, and along the South R/H line of said &vwar Valley Noad,
a distance of 468,96 feet to a set iron pin, thence �Y
South 00'05'00" East, 393-97 feet to at act iron pine thence
South 89'55156" 'west, 468.82 feet to a set iron Din on the Easterly R/W line
of U.B. Highway Wj. 93; thence
North 00'04149" West, and along the lZaaterly R/W line of said Highway No. 93,
a distance of 406.03 feet to the Place of Beginning.
Tract 1 of Cartificat" of survey No. 6628. _ V��`` ��•,J
SUBrZCT TO A reservation of an easement over the portion of said land and for
the Purposes stated herein, and incidental purposes,
IN FAVOR OF: The Montana Powar Company
FOR i the perpetual right and aaspment for Eloo4lriq, subirrigating,
draining, or otherwise affeetirsg with the water of Flathead Lake
and iF-4 tXibutaries
RECORDED October 24, 1949, its Book 306, Page 362, as Doc. No. 5073,
rocords oY Flathead County, Mpntapa•
SdSt7ECT TO Eaaemerit for the Derpetual right and aaaament to erect, construct,
operate and maintain radio towex'91 guy wires and ground and feed wires, and
conduicts granted to ncmald C. Treloar recorded October 24, 1949, in Book 307,
Page 361, as Doc. No. 5074, record, of Flathead County, Montana.
AND
arAnt And transfer of easement executed by Donald C. Treloar and Helen L.
Treloar to RGEZ rnaorporated, recorded July 1, 1958, in Book 421, Page 199, as
coo VA R00UTId UN0 H1.M OT52 92L 90V %K,d C0:VT 9009/LO/TT
200'74441 5V-0
.,ATE Q1Trnrt
-AihA A dit WN F AINEAb = NTY MONTAN,•
Q AND WHEN RECORDED MAIL TO:
Gardner InVeswmts, LLG
PO Box 958
Ka wo, MT 599a3
RW ibr Record at Reauest of; 500z Abaw Tnls Line for R=mrdert use only
Flathead Cmity Title Company
I
(Q Order No.: 190788-FT
Parcel No.: 0009521 & 098=1
WARRANTY DEED
fOK VALUE RECaW.D,
North Montana Avenue Parbwrshlp, LLP, ar Mont m LYmioed Unbility Partnership
hereinafter called Grams), do(es) hereby grant, owsain, sell and convey ur n
i Gardner InVestrne rM LLC., a Montana Umked LisbiKy Company
whose address i5; PO &m 9% ICaHs 1, NT S3! S �\
O
CL
Hereinafter caAed the Grantee, the fdbvring described premises situated in F{adlesA County, Montana, �Q
CL
LOTS 1 AND 2 OF MEOMIVTHALER SUBDIVISION, ACCORDING TO THE PLAT OR MAP THEREOF p®��
ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD p
COUNTY, MONTANA.
SUB.IEGT TO cmenarm, conditions, resbictlons, praA0o rs, easements and encumbrances apparent or of
record.
TO HAVE AND TO HOLD the said prer*es, whlL its appurtenancAim unto the said Grantees and to
&W Grantee's heirs and assigns forever. And the said Grantor does hereby wvwwt to and with the said
Grantee, that the Grantor Is the owner in flee simple of said premises; that said premises are free from all
encumbrances exa=K torrent Years taxes, levies, and aSAeWW ts, aid except U.S. Patent reservations,
re5Vxti0ns, easements of record, and easements visible upon the premises, and that Grantor will mrrant
and defend the sarne from all iawfU dams whatanever_
MOO 1 of z
9000 X00HIVIId A.TK0 11Lia 6TSS `3SL 90% Yva t0:VT SOOZ/LO/TT
200127Q 1553 b
E203IBIT A
FXLE NO.! CT•66551
A tract or land, situated, lYing and being in the ,Southwest Quarter of the
Northwest Quarter and im the North Half of the southwest Quarter of Section
28, Township 28 North, Range 21 West, P.H.M., Flathead County, Hontana, and
moro Particularly described as follows to wit:
Commencing at the southeast cornar of the Southwest Quarter of the Northwest
Quarter of Section 28, Township 28 North, Range 21 West, P.M.M., Flathead
County, Mont&=, thence along the East boundary of said SW3./4NW1/4
North 00*09,58" West 1260,51 feet to a found iron pin on the 8outhexly R/W of
a aotuxty road }mown as Lower Valley road; thence along said R/W
North 88'4713611 West 596-68 feet to a found iron Din; thence leaving said R/W
South 00*16105" East 299.82 feet to a found iron pin&.nd the True Point -of
Beginning of the tract of ltend herein described; thence continuing south
00*16105" East 1633.72 Suet to a set iron Yin; thence
Routh 89'59.07d West 681.55 feet to a found iron Din, on the kasteriy R/W of
U.S. Highway No. 93; thence along Said R/W
North 00*99141" East $61.97 feet to a found iron pin; thence leaving said R/W
South 89'54126• East 449.93 feet to a found iron pint thence
North co"01r31, west 62'r.03 feet to a found iron gin; tlience dk'
North 00'171051' West 450.50 feet to found iron ping thence W11
South 88'46'51" East 224.96 feet to the Point of Beginning.
Tract 2, Certificate of Sunday No. 14830. '
SUB3ECT TO County road righta-cf•way not recorded and indexed as a conveyance
in the office of the Clerk and Recorder pursuant to title 70, ohbpter 21,
M.C.A.
SUBJECT TO A reservat4on of an ekgement over the portion of said 1,Ud and for
the purposes stated herein, and incidenthl purposes,
IN FAVOR OF: the Montana .Power CemnpaAy
FOR flooding su's.lrrigating, draining, or otherwise affecting with the
water of Flathead Lake and its tributaries
RECORDED October 24, 1949, in Book 306, page 362, as DOC. No. 5073,
records of Flathead County, Montana.
SUBJECT TO Easement for the perDatual right and easement to erect, construct,
operate and ma4ntain rad:Lo towers, guy wires and ground and feed wires, and
conduitA granted to Donald C. Treioar recorded October 24, 1949, in Book 307,
Page 361, as Doe- No. 5074, records of Flathead County, Montana.
AND
Grant and transfer of easenent executed by Donald C. TralOar and Helen E.
Treloar to xCBZ incorporated, recorded July 1, 1958, in book 421, Page 199, as
DOC. No. 3910, r@cords of Flathead County, Montana.
AND
warranty Deed executed by KGE2, TncorDerated to Skyline Broadcasters, Inc-,
recorded November 29, 1982, in Book 752, Page 981, as Doc. No. 17846, records
of Flathead County, mcAtaaa.
SUBJECT TO Resolution, teslgnatice OR L;Lmited Access Highway, recorded October
25, 1991, as Doc. No. 91•.398-15550, records of Flathead cc;�.ty, Montana.
SUBJECT To Resolution NO. 9574 executed by the Board of Commissioners of
92athead County For the LOWer Side zoning District recorded October 21, 1993
as Doc. so, 93.294-117.70, %'ecords of Flathead county, Montana.
RUBnCT TO Resolution No. 939-A executed by the Board of County Co=issioners
for Me Highway 93 south Neighborhood Plan recorded October 21, 1993 as Doc.
No. 93-294-11230, records of Flathead County, x4ontana.
SUbJ'SCT TO AND TOCETF-ER WITH rights Of way and eda=ehts established or of
record.
re
�nr P rw+ /d
.swdyd ai riquaar of __-�-
A.i a'el _M end n,wrd�d Mifw ,swrda of rl-tmad e��r•»'r 3-�•",y_
Ra,dansf Cfar�
900 Q]
34002L vlid AiND HZ'Id 6T99 99L 90t XVd SO:VT 800Z/L0/TT
CERTIFICATION
APPLICANT: Gardner Investments
FILE NO: KA-08-05
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 annexation & initial zoning has been
requested.
S-T-R: 28 & 33-28-21
Tract/Lot: Various Tracts
Property Owners:
Gardner Investments, LLC
P.O. ]fox 958
Kalispell, MT 59903
AND ATTACHED LIST
Todd & Davar Gardner
Gardner Investments, LLC
P.O. Box 958
Kalispell, MT 59903
Jerry & Elsene King Rev Trust
165 River View Drive
Kalispell, MT 59901
Jonathan & Desiree Telles
89 Lower Valley Road
Kalispell, MT 59901
Ruth Anderson Living Trust
94 Lower Valley Road
Kalispell, MT 59901
Treweek Family Partnership
670 Foys Lake Drive
Kalispell, MT 59901
Timothy & Michelle Murphy
23 Lower Valley Road
Kalispell, MT 59901
Bert E Arnlund Fmly Ltd Ptnrs
19205 East Shore Route
Bigfork, MT 59911
Rocky Mountain Land & Cattle
Co., Inc.
250 2nd Street East
Whitefish, MT 59937
Lorraine & Ted Sokalowski
Living Trust
225 Snowline Lane
Kalispell, MT 59901
Derrick & Melanie Blair
145 Snowline Lane
Kalispell, MT 59901
Jerry & Pamela Mergenthaler
1414 N Montana Avenue
Helena, MT 59601
Douglas & Emma Anderson
330 Demersville Road
Kalispell, MT 59901
Ernest & Lori Martinez
27 Lower Valley Road
Kalispell, MT 59901
Dorothy Hewitt
3231 US Hwy 93 South
Kalispell, MT 59901
Sandra Kreutzer
47 Lower Valley Road
Kalispell, MT 59901
Barbara Anderson
195 Alfalfa Drive
Kalispell, MT 59901
Ashley Creek Ranches Onwers
Asso.
264 Ashley Meadows
Kalispell, MT 59901
Mark & Pam Evert
496 Columbia Falls Stage Road
Kalispell, MT 59901
Patricia E. Sanders, Etal
Siderius Family Ltd Ptnshp
1890 Lower Valley Road
Kalispell, MT 59901
Mtn View Pet Crematory, Inc.
P.O. Box 2358
Kalispell, MT 59903
Montana Commerce, LLC
600 South Main
Butte, MT 59701
AKB Investments, LLP
9300 Cartage Road
Missoula, MT 59802
Z-600, Inc.
P.O. Box 1869
Bigfork, MT 59911
Snowline Tree Company, Inc.
P.O. Box 9915
Kalispell, MT 59904
Shadow Willow, LLC
P.O. Box 14
Kalispell, MT 59903
Tim Matdies
P.O. Box 161
Kalispell, MT 59903
HQT, LLC Gregory & Jackie Stevens Cosner Enterprises, LLC
598 Swan River Road 31 Lower Valley Road P.O. Box 96
Bigfork, MT 59911 Kalispell, MT 59901 Kalispell, MT 59901
Davies, Inc. Top Notch Land Company Mary 8s Jeffrey Roper
P.O. Box 7818 3250 US Hwy 93 South 313 Fox Hollow Road
Missoula, MT 59807 Kalispell, MT 59901 Kalispell, MT 59901
Edwin & Jolen Hankinson
1580 Three Mile Drive
Kalispell, MT 59901
State of Montana
DOT
P.O. Box 201001
Helena, MT 59620
Myers Realty, Inc.
P.O. Box 469
Bigfork, MT 59911
Flathead County
Attn: County Commissioners
800 South Main Street
Kalispell, MT 59901
Rick & Susie Hullett
P.O. Box 2500
Bigfork, MT 59911
No. 13573
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING COM-
MISSION
October 14, 2008
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, Octo-
ber 14, 2008 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 and take public
comments on the follow-
ing agenda item, The
Board will make recom-
mendations to the Kalis-
pell City Council who
will take final action.
A request from Gard-
ner Investment LLC for
annexation and initial
zoning of B-5 (industri-
al -Commercial) with a
Planned Unit Develop-
ment (PUD) piaceholder
for 9 tracts of land total-
ing 81.59± acres on the
east side of Highway 93
South. The 9 tracts of
land are not contiguous
and are located be-
tween the intersection of
Highway 93 South and
Lower Valley Road and
Highway 93 South and
Snowline Lane. There
are two existing busi-
nesses located on two
separate tracts included
in the annexation re-
quest. The Gardner's
Auction Service, 3100
Highway 93 South, is lo-
cated on tract 6 and
Northwestern Truss,
3215 Highway 93, is lo-
cated on tract 7C. The 9
tracts of land can be de-
scribed as follows:
tracts 1, 1F, 6, 61, and
lots 1 and 2 of the Mer-
genthaler Subdivision
are located in Section
28, Township 28 North,
Range 21 West; tract
7C and lots 4 and 5 of
the Lost Creek Subdivi-
sion are located in Sec-
tion 33, Township 28
North, Range 21 West
P.M.M., Flathead Coun••
ty, Montana
Documents pen taininc
to the, agenda-.fteut ari
on file forpublic inspec.
tiom. at :the: Kalispei
Planning Department,
201' Fist: Avenue East.
-KaIisp61I "'MT 599.01
and; ar& availabfe-foi
pdbfic:-review, during
regular office hours.;'
Interested':.persons.are
encouraged,,' -to attend
the hearing and. make
their views. and con-
Gems knowne tb.;the
B`oard;: Written, com-
ments may be submit-
ted. to the:: Kalispell.Plan-
ning� Depanfinenf at°the
above, address;. prior to
the,,date:.of theo.headng,
or you -may cath us at
('406;),755 7940; =dr- e-
mail us at:planning Qka=
Iispell'cont foraddltwnal
information..,
/s/Thomas R: Jentz :.
>Thomas;R Jentz
Planning; &;Building,
Director.
Sept_ 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 MONTANA, AND THAT NO. 13573
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 SEPT 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
Before me this September 29,
Glenc�o
Oa
ate cA
t
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/09