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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. � 2B T CO NTI�'` 2 ME �I� Wg 'm � COUN ? 0 1-1 7G Z� Q 2 _ couNrY � cOu�vn Rol ti s r� ! i i .w a - t i st f I r: U N JB :r AG-.1 12 lit? ME �- COUNI SAG.lii VICINITY MAP scams i" = 500' 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