14. Presentation - Annexation and Zoning - Craig-Craig Rentals LLCCity of Kalispell
Planning Department
17 -- Z3dStreet East, Suite 211
Kalispell, Montana. 59901
Telephone: (406) 751 -1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TG: Kalispell Mayor and City Council
FROAL Nicole C. Johnson, Planner II
James H. Patrick, City Manager
SUBJECT* Craig -- Craig Rentals, LLC - Annexation and Initial Zoning of B--2 ,
General Business
MEETING DATE: August 6, 2007
BACKGROUND: The Kalispell City Planning Board met on. July 10, 2007 and held a
public hearing to consider a request for annexation and an initial zoning designation
of B-2, General Business, on approximately 1.385 acres. The property is located on
the west side of US Highway 93 South approximately three-quarters of a mile south of
Kelly Road and one-third of a mile north of Highway 93 South, Kalispell, Montana
59901. The property can be legally described as tracts 5CC and 5CCD located in
Section 20, Township 28 North, Range 21 West, P.M.M. , Flathead County, Montana.
Nicole C. Johnson, of the Kalispell Planning Department, presented staff report #KA-
07-10 providing details of the proposal and the evaluation. She noted that the
proposed B- 2 zoning district was compatible with surrounding land uses and also
consistent with the Growth Policy which is designated for business and light industrial
uses. Staff recommended the board consider approving the initial zoning based on
this and other facts determined in the findings of fact report.
At the public hearing, Mr. Jim Burton, of Jackola Engineering, spoke in favor of the
proposed annexation and added that the applicant has a desire to possibly sell a part
of the unused portion of the property. In response to a question asked by the board,
Mr. Burton noted that the property is contiguous to the current city limits as US 93
was annexed into the city some time ago. Additionally, a comment was made
regarding water and sewer connections. The future buyer would not have to bore
under the highway to access these lines as they exist on the west side of the highway.
No other persons made public comments or were present to do so.
The board approved the requested initial zoning of B-2, General Business, for the
property upon annexation to the City of Kalispell. The vote was unanimous.
RECDhlIENDATION** A motion to approve the resolution annexing the property and
a motion to approve the first reading of the ordinance for initial zoning of B-2, General
Business, would be in order.
FISCAL EFFECTS: Minor positive 'imp
acts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Nicole C. Johnson
Planner II
Report compiled July 26, 2007
James .Patric
City Manager
Attachments.- Petition to Annex & Withdraw From Rural Fire District
Craig -Craig Rentals Gast of Services Analysis
Transmittal letter
Staff report # KA.-o7-1 o and application materials
Draft Minutes 7 / 10 / 07 planning board meeting
c: Theresa white, Kalispell City Clerk
2
Craig -Craig Rentals, LLC
Cost of services Analysis (Commercial)
Once annexed to the City, full City services will be made available to the property owner.
Any necessary infrastructure associated with this development will 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. Note that
no new construction is planned at this time for the existing commercial business -- the
Fireplace Center/ Craig -Craig Rentals. However, the property owner intends to connect
to the City's sewer and water systems and eventually further develop the property. This
Cost of Services Analysis has been prepared as a commercial annexation and is only an
estimate based on a variety of assumptions. A complete and accurate calculation 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.
Number of Dwelling Units proosed to be annexed
N/A
Estimated Increase in Population: (based on US Census Figure of 2.2 per household)
N/A
COST OF SERVICES
Per capita costs
i Fire: $68-84 per person per year.
Additional costs to the fire department
• Police: $110 per resident per year.
Additional costs to the police department
• Administration-, $39.48.
Additional cost to administration
■ Solid Waste:
Additional cost to solid waste
• Roads: $193.56 per dwelling unit
Additional cost in road maintenance
• Water: $221.21 per ERU (Equivalent Residential Unit)
Additional cost in water line maintenance
• Sewer: $329.64 per ERU
Additional cost in sewer maintenance
Stormwater: $72.68 per ERU
Additional cost in storm maintenance
0 x 68.84 = $ Unknown
0 x 110.00 = $Unknown
0 x 39.48 = $Unknown
(none for five years) _ $ 0
0x193.56=$0
0x221.21=$0
0 x 329.64 = $ D
Ox72.68=$0
Total Anticipated cast of services: 0
ANTICIPATED NLTE GENERATED
1. Assessments based on s uare foota
Average square foot per..ot: 57C3 square feetl,
• Storm sewer assessment $0.004480 per square foot
(capped at 1/a acre for residential)
Revenue from storm sewer assessments 1 x 57,063 x $0.004480 = $ 256
• Street maintenance assessment $0. 0 10 1 per square foot
(capped at '/2 acre for residential)
Revenue from street maintenance assessments 1 x 57,063 x $0.0101 = $ 576
• Urban forestry assessment $0.00135 per square foot
(capped at $150 for residential)
Revenue from urban forestry assessments 1 x 571,,063 x $0.00135 = $ 77
• special Assessments: There are no special assessments.
=$o
• Light maintenance assessment $0.003 per square foot (no cap)
Revenue from light maintenance assessment 1 x 57,063 x $0.003 = $ 171
Total Anticipated Revenue From Assessments: 1 080
2. Tax revenue:
• Assessed value per property: $ 300,000
Total assessed value:
Total taxable:
Total additional general revenue
based on 170 mill levy:
1 x 300,000 = $ 3001000
300,000 x 0.03543 10,629
$ 300,000 x 0.170 = 151,000
3. Impact fees: The calculations below are based on assumptions made at the time of
armexation and may not represent accurately the costs associated with the existing
conunercial property. Water and sewer impact fees would be collected at the time of
connection to services and generally, stormwater, police and fire impact fees would
be collected at the time development is proposed and a building permit is issued.
• water system impact fee based on meter size
Revenue from water system impact fee
Wastewater impact fee $2,433 per ERU (based on
fixtures: 1 floor drain, I lavatory, and 1 wash. sink)
Revenue from wastewater impact fee
l" = $,51,388.00
0.143 (ERU) x $2,433 = $ 348
• Stormwater impact fee $1,092 per ERU
(6 ERU/acre for commercial development)
Revenue from stormwater impact fee (none for existing) 0 x $L092 = $ 0
• Police impact fee $13 per unit (per 1,000 sq ft building space)
Revenue from police impact fee 5 x $13 = $ 65
• Fire impact fee $240 per unit (per 1,000 sq. ft. of building space)
Revenue from fire impact fee 5 x $240 = $ 17200
Total Anticipated Revenue from Impact Fees: $7,001
.qTTMM'A PV
Total Revenue Generated to the City minus costs (Items 1 and 2) 52,1080
One Time Impact Fee Payment to the City (Item 3) $7,1001
NOTE: This information is based upon assumptions regarding building valuations and
does not take into consideration the build -out time or changes in methods of assessment
and estimated costs associated with services. This information can only be used as a
general estimate of the anticipated cost of services and revenue.
City of Kalispell
Planning Department
17 - 2"d Street East', Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-185
website. kalispellplanning.com
July 27, 2007
James H. Patrick, City Manager
City of Kalispell
P.D. Box 1997
Kalispell, MT 59903
Re: Craig - Craig Rentals, LLC - Annexation and Initial zoning of B-2, General
Commercial
Dear Jim:
The Kalispell City Planning Board met on July 10, 2007 and held a public hearing to
consider a request for annexation and an initial zoning designation of B-2, General
Business, on approximately 1.385 acres. The property is located on the merest side of
US Highway 93 South approximately three-quarters of a mile south of Kelly Road and
one-third of a mile north of Highway 93 South, Kalispell, Montana 59901. The
property can be legally described as tracts 5CC and 5CCD located in Section. 20,
Township 28 North, Range 21 west, P.M.M., Flathead County, Montana.
Nicole C . Johnson, of the Kalispell Planning Department, presented staff report # KA-
07- l0 providing details of the proposal and the evaluation. She noted that the
proposed B--2 zoning district was compatible with surrounding land uses and also
consistent with the Growth Policy which is designated for business and light industrial
uses. Staff recommended the board consider approving the initial zoning based on
this and other facts determined in the findings of fact report.
At the public hearing, Mr. Jim Burton, of Jackola Engineering, spoke in favor of the
proposed annexation, and added that the applicant has a desire to possibly sell a part
of the unused portion of the property. In response to a question asked by the board,
Mr. Burton noted that the property is contiguous to the current city limits as US 93
was annexed into the city some time ago. Additionally, a comment was made
regarding grater and sewer connections. The future buyer would not have to bore
under the highway to access these lines as they exist on the west side of the highway.
No other persons made public comments or were present to do so.
The board approved the requested initial zoning of B-2, General Business, for the
property upon annexation to the City of Kalispell. The vote was unanimous.
Please schedule this matter for the August 6, 2097 regular city council meeting.
You may contact this board or Nicole C. Johnson at the Kalispell Planning Department
if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Uza
Bryan Schutt
President
Attachments: Staff report #KA-07-10 and application materials
Minutes of the 7/ 10/07 planning board meeting
c w/ Att.- Theresa White, Kalispell City Clerk
c w/o Att: Craig -- Cr dg Rentals, LLc, 2799 Highway 93 South, Kalispell, MT 59901
Jackola Engineering, Attn: Jim Burton, P.G. Box 1134, Kalispell, MT
59903
2
CRAIG-CRAIGr RENTALS, LLG
REQUEST FOR INITIAL ZONING OF B-2 UPON ANNEXATION
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #IKA-07-10
JUNE 2, 2007
This is a report for the Kalispell City Planning Board and the Kalispell City Council
regarding the initial zoning of B-2 upon annexation to the city for a property located on
the southern end of Kalispell along US Highway 93 South. A public hearing has been
scheduled before the planning board for July 10, 2007 begm=g 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
owners have petitioned for annexation and initial zoning classification of B-r2, General
Business.
A. Petitioner and Owners: Craig -Craig Rentals, LLC
2790 Highway 93 South
Kalispell, MT 59901
(406) 257-4336
Technical Assistance: Jackola Engineering
P.O. Box 1134
Kalispell, MT 59903
(406) 755-3208
B. Location and Legal Description of Property: The two properties proposed for
annexation are located on the crest side of US Highway 93 South approximately
three-quarters of a mile south of Kelly Road and one-third of a mile north of
Lower Valley Road/ Cemetery Road., The current property address is 2790
Highway 93 South, Kalispell, Montana 59901 and the request includes tracts 5CC
and 5C CD located in Section 20, Township 28 North, Range 21 West, P. M . M . ,
Flathead County, Montana.
Figure 1. View of the subject property from the east side of US Highway 93 South
C. existing zoning: The two properties are currently in Flathead County
jurisdiction and are zoned I--1, Light Industrial. The Flathead County Zoning
Regulations published on September 27, 1993 state that the county I--1 zoning
district is intended "to provide light industrial uses and services that typically do
not create objectionable by-products such as dirt, noise, glare, heat, odors, smoke,
etc. which extend beyond lot lines." Permitted uses include art foundries,
automobile, RV, watercraft and accessory sales, car washes, heating, ventilation,
air conditioning and plumbing sales, service and repair, research laboratories and
institutions, etc. This district is very sln7llar to the city I-1 Zoning district.
However, the properties are surrounded by a variety of county zoning districts and
occur within the Industrial and Commercial land use designations as indicated on.
the August 7, 2006 Kalispell Growth Policy Future Land Use Map. The intent for
this area includes storage, manufacturing, distribution, warehousing, retail,
offices, services, mixed use, and residential Land uses.
D. Proposed Zoning: city B-2, General Business, zoning designation has been
proposed for the two properties. The B--2 zoning district is intended to provide an
area for retail sales and service functions and businesses whose operations are
typically characterized by outdoor display, storage and/ or sale of merchandise.
This district depends on the proximity to major streets and arterials and should be
located in business corridors or in islands.
E. Size: The area proposed for annexation and zoning encompasses approximately
1.335 acres.
F. Dristing Land Use: Currently the Fireplace Center and Craig -Craig Rentals exist
on the property and a fence surrounds a portion of the open Meld present at the
south end of the property which is part of Tract 5CC. Each tract has an access
point from US Highway 93 south. Canyon Canopies, R 8& J Wrecking and vacant
property surround these two tracts of land on the west side of US Highway 93
South. Residential, commercial and industrial businesses across the highway to
the east include Swartzenberger Wrecking and repair, one house, a mobile home
and an open field to the south.
G. Adjacent Land Uses and Zoning: The immediate area is made up of various land
uses including commercial, industrial and residential.
North: Commercial retail/light industrial, County I-1, Light Industrial and
County B-2; General Business
East: Commercial retail/light industrial and residential; County 1-1 and
County R-5, Two --Family Residential
South: Vacant land; County B-2 and County R-5
West: Rural suburban agricultural and a cemetery; County SAG- 10,
Suburban Agricultural
Figure 2. Aerial photograph of the property and adjacent land uses*
*Note: Property lines shown here are not an accurate representation of the tract boundary ],ices.
H. General Land Use Character:
The property is located along one of the four gateway entrance corridors identified
in the Kalispell Growth Policy Future Land Use Map (August 7, 2006) . US Highway
93 South, a major arterial, is identified on the above referenced map as a prime
location for commercial and industrial development and the existing uses are
consistent with those future land use designations. Coincidentally, the area
contains commercial and light industrial businesses including a fire place
business, camper canopy shop, auto wrecldng and repair yards, resi.dentiai homes
and open fields. Undeveloped land also exists nearby which are under county
jurisdiction. said are zoned for commercial business and suburban agricultural
uses. The City of Kalispell does have an easement on Tract SCC which provides
access to the south end of the city airport, a junk yard is currently positioned
between the two land owners.
I. Availability of Public Services and Extension of Services: Public services,
including water and sewer, are currently available along the US Highway 93 South
corridor and are within the right--of;-way. Specifically, a sewer connection exists on
the east side of US Highway 93 South and water is available on the west side of the
highway. A permit from the Montana Department of Transportation (MDT) may be
required should the applicant have to bore under the road to access the utilities at
the time development is proposed. Hydrants do exist on the property and every
few hundred feet along US Highway 93; other basic utilities are present at the
south end of the site.
The view to the north includes Lone Pine State Park and commercial or light
industrial businesses leading to the core of historic downtown Kalispell. As stated
previously, a cemetery and a suburban residential subdivision exist south and
west of the properties which have access to the Town Pump and the Toyota
dealership on the corner of Lower Valley Road/Cemetery Road and US Highway 93
South.
EVALUATION BASER 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.
1. Does the reguested zone com 1y with the Master Plan?
The properties are designated by the Kalispell Growth Policy 2020 as Commercial
and Industrial.
Chapter 4, Policy 3 of the Growth Policy states that commercial districts along
major arterials are anticipated to provide for uses that require space for outdoor
display of merchandise, storage materials and/or equipment and outdoor sales
areas and expansion of these areas should be contingent upon the provision of
public services and adequate infrastructure. The proposed B-2 zoning permits
uses in accordance with Policy 3. Located along US Highway 93 South, the city's
largest major arterial, the property is 1.358 acres in size and is surrounded by
similar uses and the applicant may easily access city severer and grater.
Policy 4 of the same chapter details the growth policies goals for highway
community entrances in commercial and industrial. zones. This policy
emphasizes that development follow guidelines designed to improve or maintain
aesthetic qualities along gateway entrances, as in this case, and mi' * e off -site
impacts. The guidelines include the use of secondary streets and shared access
points to decrease congestion, berming and landscaping along the frontage of
properties, and the use of simple signs to reduce clutter. Reduction of outdoor
storage and compliance with the city's outdoor lighting standards are also
detailed in this policy. Policy 4 would be implemented at the time the property is
proposed to be subdivided.
Currently the Fireplace Center exists on the property and the applicant is
proposing to adjust the boundary lines to accommodate a new building,
potentially a car gash. Note that any use of the property would be confined by
the B--2 zoning district regulations and the technical and architectural design of
any development will be reviewed by city staff and a variety of committees
including the Site Development Review Committee and the Architecture Review
Committee.
In conclusion, the proposed B--2 zoning is consistent with the commercial land
use designation shown on the Kalispell Growth Policy Future Land Use Map
dated August 7, 2006.
2. Is the requested zone designed to lessen congestion in the streets?
Section 2 7.14.010 of the Kalispell zoning Ordinance states that the B-2 district
depends on the proximity to major streets and arterials. The B--2 district
should also be located in business corridors or in islands.
The location of the project site is situated at the southern end of a commercial
and light industrial corridor along US Highway 93 South. The B-2 zoning
district permits a wide range of uses including but not li_m�ited to restaurants,
auto sales and auto repair, car washes, recreation related retail and
supermarkets, etc. Note that the majority of uses permitted or conditionally
permitted within the B- 2 zoning district are automobile intensive.
Two access points exist on the two tracts of land and the MIST will review
access and approve any changes at the time development is proposed. The city
of Kalispell will continue to retain the 20 foot easement on the highway access
point located on tract 5CC. Congestion will be addressed at the time
development is proposed as the specific use would determine levels of traffic
generation. However, US Highway 93 South is capable of adequately serving
the existing businesses and additional traffic associated within a business
zoning district.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and fire suppression would be available to the site in the case of
an emergency. Hydrants exist on the property and every few hundred feet along
the west side of US Highway 93 South. There are no features related to the
property which would compromise the safety of the public. New construction wall
be re quire d to be in compliance with the building codes of the city which relate to
fire and building safety. All municipal services including police service, fire
protection, and crater and surer service are available or would be extended to the
property and the proposed annexation and zoning change is not expected to
create panic among or danger to the general public.
4. will the requested zone rom.ote the health and eneral welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties and provides a place for new commercial business to locate within city
limits.
S. Will the re uested zone rovide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
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-2 zoning designation on this property
is 7,000 square feet. The potential development associated with the property
would be limited only by the development standards associated with the B-2
zoning district that relate to lot coverage and the types of uses permitted under
the zoning. The proposed commercial development in this area is appropriate
because of its location and the availability of urban services. The rezoning of
this land would not create an overcrowding of land.
7. will the requested zone avoid undue concentration of eo le?
Minimum lot standards and use standards will avoid the undue concentration of
people if the property is further developed.
S. will the requested zone facilitate the adequate provision of transportation, water,
sewera e schools arks and other public requirements?
All public services and facilities will be provided to the property prior to
commercial construction. Development is encouraged in the Kalispell Growth
Policy 2020 where these services are available. Two access points exist from US
Highway 93 South, a major arterial and existing water and sewer lines are
located within the right-of-way along with multiple fire hydrants along the west
side of the highway. Additionally, sidewalks, a grass boulevard and trees are
present along the entire frontage of the property for pedestrian travel.
9. Does the requested zone 've consideration to the particular suitabll of the
Property for Particular uses?
The property is level, not within any floodplain areas and no mapped streams or
wetlands are present. The proposed B-2 zoning district is consistent with the
surrounding land uses in the area and gives due consideration of the suitability
of this property for the permitted uses in the district. The property is suitable for
commercial type land uses.
10. Does the requested zone wive reasonable consideration to thecharacter of the
district?
The property is located adjacent to US Highway 93 South and primarily county
commercial or industrial zoning surround the site. County suburban
agricultural and higher density residential zoning do exist merest, east and south
of the project area, but are not adjacent to the two tracts discussed here. The
addition of a new business would not contribute to any additional impact to
those agricultural or residential areas and the proposal is consistent with the
character of the area.
6
11. will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the B--2 zoning will
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 development should be encouraged in areas were services and
facilities are available to support commercial uses which would be allowed under
the B-w2 zoning district as indicated in the Kalispell Growth Policy 2020. The
proposed zoning and potential subsequent uses would be consistent with the
surrounding land uses in the area and when development is proposed,
construction standards outlined and required in the city's building codes, staff
review and design guidelines 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-07- 10 as Endings of fact and recommend to the Kalispell City Council
that the initial zoning for this property upon annexation be BW-2, General Business.
7
City of Kalispell
Planning Department
17 - 2" Street East, Suite 2117 Kalispell, Montana 59901
Telephone: (406) 751-I850
Fax: (406) 751-1958
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: LLq rc,C ".Cori. 5�e.K�'c��s &-
LLG
MAIL ADDRESS: 77 _ ,. r.kWa .
j
CITY/STATE/ZIP: K4JI, AA
J PHONE:. ° --
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:---.---..
CITY/STATE/ZIP: K��STe,�(� /N{-�-. S�t�O 3 PHONE: 7SS- 3�48
INTEREST IN PROPERTY: �ct•rve.,or�GnS tnc�.+�
PLEASE COMPLETE THE FOLLOWING:
Address of the property:c29.70
Legal Description: CAC -
(Lot and Block of Subdivision; Tract #
C;L0 --- C'0;t <Vr -- C"I
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac)
The present zoning of the above property is: -Cj T—
P
e proposed zoning of the above property is:
State the changed or changing conditions that make the proposed amendment necessary:
L on:J - IS - 4CA - fe /24'0" ai�=Jw
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.
(Applicant)
-5-1� -0-7
(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 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 minirnum of S years from date of annexation.
49��zi, 11 5-,/6-07
Petitioner/Ow' ner Date
Petitioner/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 Mqt, before me, the undersigned, a Notary Public for
the State of Montana, personaAly appeared (fr!q t!j
known
to me to be the person whose name is subscribed to th foregoinj instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF v ` tom and affixed my Notary Seal the day and
year in this certificate firs � e written.
caa
NOTAMAL
WAL
i A L
W EAL
,A
STATE OF MONTANA,�
N � F o��fq
ss
County of Flathead County
tgry Public, State of Montana
ted Name �n
.siding at 6d�wn
y Commission ex Tres: L-A�
On this day of , , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared 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 in this certificate first above written.
STATE OF MONTANA }
ss
County of Flathead
On this day of ,
The State of Montana, personally appeared
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
before me, the undersigned, a Notary Public for
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
Printed Name
Residing at
My Commission expires
3
DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21
WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTERAND WHICH POINT IS THE TRUE
POINT OF BEGINNING;
THENCE N0001 2' 53 "E, ON AND ALONG THE WEST BOUNDARY OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF
167.87 FEET TO A POINT; THENCE S89°19'38"E, AND LEAVING SAID 'WEST
BOUNDARY, A DISTANCE OF 304.61 FEET TO A POINT AND WHICH POINT
LIES ON THE WEST RIGHT-OF-WAY BOUNDARY OF U.S. HIGHWAY 93 ;
THENCE S32050' 17"E, ON AND ALONG SAID 'NEST RIGHT-OF-WAY
BOUNDARY, A DISTANCE OF 20 1.33 FEET TO A POINT AND WHICH POINT
LIES ON THE SOUTH BOUNDARY OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER; THENCE N89° 19' 3 8"W, ON AND ALONG SAID SOUTH
BOUNDARY, A DISTANCE OF 414.42 FEET TO THE TRUE POINT OF
BEG INNING.
THIS TRACT CONTAINS 1.351 ACRES AND SUBJECT TO AND TOGETHER
WITH ALL APPURTENANT EASEMENTS OF RECORD.
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CRAIG-CRAIG RENTALS, LLC
REQUEST FOR ANNEXATION & INITIAL ZONING OF B-2
(GENERAL BUSINESS) FROM COUNTY I-1 LIGHT
INDUSTRIAL ON APPROX 1.38 ACRES
FILE# KA-07710
PLOT DATE 5/23/07
H:\gis\site\ka07—lO.dwg
CERTIFICATION
APPLICANT: Craig -Craig Rentals, LLC
PILE NO: IAA-07-10
I, the undersigned certify that I did this date mail via First Mass Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property that is requesting annexation & initial zoning.
Date: � /3-/ /07
S-T-R: 20-28-21
Tract/Lot: 5CC & SCCD
Property owners:
Craig -Craig Rentals, LLC
2970 Highway 93 South
Kalispell, MT 59901
Jacbola Engineafing
Attn: Jim. Burton
P.O. Boas 1134
Kalispell, MT 59903-1134
AND ATTACHED LIST
Craig -Craig Rentals LLC Jackola Engineering Craig -Craig Rentals, LLC
g g Attn: Jim Burton g �.�
2979 Highway 93 South P.D. Box 1134 824 central Avenue
Kalispell, MT 59901 P.O.
ell MT 59903-1 ]. 34 Billings, MT 591 ��
p
William, Nicola & Fred Crouse
1306 Xanadu Street
Aurora, CO 80011
John & Sandra Swartzen.berger
2789 Highway 93 South
Kalispell, MT 59901
Evergreen Disposal
55 West valley Drive
Kalispell, MT 59901
Clayton 8s Martha Ddegaard
P.D. Box 716
Polson, MT 59860
Clara, Ronald. 8. Debra
Swartzenberger
2303 Airport Road
Kalispell, MT 59901
Delores Stroh, comp. Spec,
DDR, Liquor Licensing
P.D. Box1712
Helena, MT 59504-1712
Triple B Enterprises, LLP
6331 Highway 93 South
Whitefish, MT 59937
City of Kalispell
Attn: city clerk
P.D. Box 1997
Kalispell, MT 59903
City of Kalispell
Planing Department
17 w- 2"a Street Fast, Suite 211, KalispeH, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
You are being sent this notice because you are a property owner within 150 feet of the
proposed project noted below and will be most directly affected by its development.
You have an opportunity to present your comments and concerns at the meeting
noted below. You may contact this office for additional information.
NOTICE OF PUBLIC EWDARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
JIFLY 10, 2007
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for 'Tuesday, July 10, 2007 beginning at 7:00 PM in the Kalispell City
Council. Chambers, Kalispell City Hall, 312 First Avenue Bast, Kalispell. The planning
board will hold a public hearing and take public comments on the following agenda
items. The Board will make a recommendation to the Kalispell City Council who will
take final action.
1. A request from Wayne Turner for a growth policy amendment from industrial to
suburban residential, annexation and initial zoning classification of R-3, Urban
Single Family Residential, on an approximately 24.5 acre portion of a 164.5
acre project site. In addition, the developer is requesting a Planned Unit
Development (PUD) overlay zoning district on a 140f acre portion of the 164.5
acre project site. The developers have also requested approval of willow Creek,
a preliminary plat to create 322 single family lots, 74 townhouse lots and 6 lots
which would accommodate multi-famm ly_ building._ , , A total of 17 multi -family
buildings are proposed over the 6 multi -family lots and would allow up to 184
condominium. units. The property is in the County zoning jurisdiction and is
zoned R-1, Suburban Residential, and I-2, Heavy Industrial.. The property is
located on the north side of Foys Lake Road at the intersection of Foys Lake
Road and Valley View Drive. The properties included in the overall project site
can be described as Tracts 1, IAI, I B, 1 BA, 1 BB, ID, 1 DA, 1 B, IF, 1 FA, 1 FB,
and 7AB located within the N 1/2 of the N 1f2 of the S I/2 of Section 13, Township
28 North., Range 22 west.
2. A request by Ashley Heights, LLC for annexation and initial zoning on an 11.1
acre tract of land located on the south side of Sunnyside Drive approximately
500 feet west of the intersection of Sunnyside Drive and Ashley Drive. The
owner is requesting the R-2, Single Family Residential, zoning district upon
annexation into the city of Kalispell. The owner has also applied for Ashley
Heights, a preliminary plat to create 26 lots ranging in size from 9,600 square
feet to approximately 17,880 square feet on an 8.5 acre portion of the 11.1 acre
tract of land. There is a currently a house, addressed as 1204 Sunnyside
Drive, and a shop located on the 11.1 acre tract of land. The tract of land can
be legally described as Government Lot 1, Assessor's Tract 19 located in
Section 19, Township 28 North, Range 21 West.
3. A request by Montana Sky Networks to construct a tower which exceeds the
permitted 40-foot height limit in the H-1 (Health Care) zoning district. The
proposed tower would serve Montana Skv Networks, an internet provider, and
be 60 feet in. height. Section 27,1.2.E-04 of th-e Kalispell Zoning Ordinance
allows structures up to 60-feet in the H-1 zoning district provided a conditional
use permit is first obtained. The proposed tower would be located on the south
end of the existing building located at 1286 Burns way, the current location of
Montana Sky Networks. The property can be legally described as lot 13 of
Highland Parr Professional Subdivision located in Section 6, Township 28
North, Range 21 West.
4. A request by Touchstone LLC for annexation, initial zoning and preliminary plat
on a 7.6 acre tract of land located off of Three Mile Drive. The owner is
requesting to annex into the city of Kalispell and has requested the R-3, Urban
Single Family Residential, zoning district. The owner has also applied for
Mountain Vista Estates, Phase 4, a preliminary plat to create 19 lots ranging in
size front 7,000 square feet to approximately 15,500 square feet. The tract of
land is located immediately east of Mountain Vista Estates Phase 1 subdivision
and can be legally described as Assessor's Tract 1BFA located in Section 2,
Township 28 North, Range 21 west.
S. A request by Craig -Craig Rentals, LLc for annexation and initial zoning of two
tracts of land that encompass 1.385 acres located on the southern end of
Kalispell's commercial and industrial entrance corridor. The applicant is
requesting a B- 2, General Business, zoning designation upon annexation. The
two properties proposed for annexation are located on the west side of US
Highway 93 approximately three --quarters of a mile south of Kelly Road and
one-third of a mile north of Lower valley Road/Cemetery Road. The Fire Place
Center, which is currently on the property is addressed 2790 Highway 93
South, Kalispell, Montana 59901. The property can legally be described as
tracts 5CC and 5CCD located in Section 20, Township 28 North, Range 21
West, P.M.M., Flathead county, Montana.
Documents pertaining to the agenda items are on file for public inspection at the
Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 59901,
and are available for public review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views and
concerns known to the Board. written comments may be submitted to the Kalispell
Planning Department at the above address, prior to the date of the hearing, or you may
call us at (406) 751-1850, or e-mail us at Tannin .ka.lis ell.com for additional
information.
x_.�.. ihlo....�.�.�?..4 _ __ _ _ . �__ _ .- _�..._:--�ive�. ate•--��y--fie :-w.
The owner is requesting
NOTICr OF PUBLIC
HEARING
KALISPELL CITE'
PLANNING BOARD
AND ZONING COM-
MISSION
JUL f 10, 2007
the R-2, Single Family
Residential, zoning dis-
trict upon annexation in-
to the city of Kalispell.
The owner has also ap-
plied for Ashley Heights,
a preliminary plat to cre-
ate 26 lots ranging in
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, July
10, 2007 beginning at
7:00 PM in the Kalispell
City Council Chambers,
Kalispell City Hail, 312
First Avenue East; Ka-
lispell. i he planning
board will mold a public
hearing and take public
comments on the follow-
ing agenda items. The
Board wiil cake a rec-
ommendation to the Ka-
lispell City Council who
will take final action.
1. A request from
Wayne Turner for a
growth policy amend-
ment from industrial to
suburban residential,
annexation and initial
zoning classification of
R-3, Urban Single Fami-
ly Residential, on an ap-
proximately 24.5 acne
portion of a 164.5 acre
project site. In addition,
the developer is re-
questing a Planned Unit tevelopment (PUD)
overlay zoning district
on a 144t acre portion
of the 164.5 acre project
site. The developers
have also requested ap-
proval of Willow Creek,
a preliminary plat to cre-
ate 322 single family
leas, 74 townhouse lots
aind 6 lots which would
accommodate multi-
family buildings. A total
of 17 multi -family build-
ings are proposed over
the 6 multi-farnily lots
and would allow up to
184 condominium units.
The property is in the
County zoning jurisdic�
Lion and is zoned R-1,
Suburban Residential,
and i-2, Heavy Industri-
al. The property is locat-
ed on the north side of
Foys Lake Road at the
intersection of Foys
Lake Road and Valley
View Drive. The proper-
ties included in the over-
all project site can be
desscribed as Tract
I At, 1 B. 1 13A. 188, ID,
t DA, 1 E, 1 F, 1 FA, 1 FB,
and 7A8 located within
the N 1 /2 of the N 112 of
the S 1/2 of Section 13,
Township 28 North,
Range 22 Vilest,
2. A request by AShIAW
-eights, LLC for annex
,lion and initial zoning
,.-i an E 1.1 acre tract of
: (�ioxrrnaTely
Inter-
tic:i C' t 3 °}u n r)VSId=?
size from 9,600 square
feet to approximately
17,880 square feet on
an 8.5 acre portion of
the 11 A acre tract of
land. There is a current-
ly a house, addressed
as 1204 Sunnyside
Drive, and a shop locat-
ed on the 11.1 acre tract
of land. The tract of land
can be legally described
as Government Lot 1,
Assessor's Tract 10 lo-
cated in Section 19,
Township 28 North,
Range 21 Vilest.
3. A request by Mon-
tana Sky Networks to
construct a tower which
exceeds the permitted
40-foot height limit in
the H- 1 (Health Care)
zoning district. The pro-
posed tower would
serve Montana Sky Net-
works, an internet pro-
vider, and be 60 feet in
height. Section
27,12.404 of the Kahs-
pell Zoning Ordinance
allows structures up to
60-Meet in the Hµ1 zon-
ing district provided a
conditional use permit is
first obtained. The pro-
Tposed tower would be
4cated an the south
Ind of the existing build-
ing located at 1286
Burns Way, the current
location of Montana Sky
Networks. The property
can be legally described
as lot 13 of Highland
Park Professional Sub-
division located in Sec-
tion 6, Township 28
North, Range 21 West.
4. A request by
Touchstone LLC for an-
nexation, initial zoning
and preliminary plat on
a 7.6 acre tract of land
located off of Three Mile
Drive. The owner is re-
questing to annex into
the city of Kalispell and
has requested the H -3,
Urban Single Family
Residential. zoning dis-
trict. The owner has al-
so applied for Mountain
Vista Estates, Phase 4,
a preliminary plat to cre-
ate 19 lots ranging in
size from 7,000 square
feet to approximately
15,600 square feet. The
tract of land is located
immediateiy east of
Mountain; Vista Estates
phase 1 subdivision and
can be legally described
as Assessor's Tract
1 BFA located in Section
n Township 0-S North,
P�nnP �?� 1l�Nsr.
5. A request by Cra
Craig Rentals, LLC
annexation and init.
zoning of two tracts
land that encompa;
1.385 acres located c
the southern end of K.
I{spell's cornrnercial ar
industrial entrance con
dor. The applicant is r(
questing a B-2, Gener,
STATE OF MON'T'ANA
Business, .zoning desic
nation upon annexation
The two properties prc
Posed for annexatici
FLATHEAD COUNTY
arelocatedon hwawes
Highway 91
approximately three
AFFIDAVIT OF PUBLICATION
quarters of a mile soutf
of Kelly Road and one•
third of a mile north of
Lower Valley
RICHELLE BROU ER BEING DULY
The F re Plat ry Road.
e Place Center,
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
which is currently on the
LEGAL CLERK OF THE D
DAILY INTER LAKE A
p pe�Y ,s addressed
2790 Highway 93
DAILY NEWSPAPER OF GENES CIRCULATION
South, Kalispell, Monta-
na 59901. The property
bed
PRINTED AND PUBLISHED M THE CITY OF , tracl#tsh
KALISPELL, IN THE COUNTY OF FLATHEAD
asn 5CCC and
5CCD located in Sec-
((�� ,
STATE OF MONTAI'I����"" A, AND THAT NO. I 1cl- 7
tion 20, Township 28
North, Range 21 West,
LEGAL D VERTISMENT WAS
P. M . M . Flathead Coun-
ty, Montana.
PRINTED AND PUBLISHED IN THE REGULAR ANE Documents pertaining
ENTIRE ISSUE OF SAID to the agenda items are
PAPER, AND IN EACH ANT an file for public inspec-
EVERY COPY THEREOF ON THE DATES OF
tion at the Kaiispeii
Jqyu,
Planning Department,
17 Second Street East,
Suite 211, Kalispell, MT
AND THE RATE CHARGED FOR THE ABOVE
59901, and are availa-
.iW public review
PRINTING DOES NOT EXCEED THE -NAI -kAnr Ti
inor
g regular office
hours.
GOING RATE CHARGED TO ANY OTHER Interested persons are
ADVERTISER FOR THE SAME PUBLICA encouraged to attend
���, the hearing and make
SET IN THE SAME SIZE TYPE AND PUBLISHED their views and con-
cerns th
known to the
FOR THE SAME NUMBER OF INSERTIONS. Board. written com-
ments may be submit-
ted to the Kalispell Plan--
ning Department at the
' above address, prior to
the date of the hearing,
or you may call us at
Subscribed and sworn to (406) 751-1850, or e-
Before nee this mail us at
�(] planning @ kalispelI-corn
for additional informa-
tion.
Is/Thomas R. Jentz
Thomas R. Jentz
Planning Director
June 24, 2007
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires