15. Resolution 5090 - Annexation - Montana Commerce LLCCity of Kalispell
Planning Department
2"d Street East,, Suite 2 f . Kalispell, Montana 59901
Telephone: 40751-1850
Fav (406) 751-1858
We t : ka s. elf fa nMg. om
REPORT TO: Kalispell Mayor and City Council
FROG Thomas R. J nt , Director
James H. Patrick, City Manager
SUBJECT Montana Commerce LLC - Annexation and Initial Zoe of -2,
General sm* ess, 29 10 US 93 South at Four Comers
MEETING DATE: February ary , 2006
ACKG OLTN: This is a request by Montana Commerce LLC for annexation and an
initial zoning designation of --2 General Business, on approximately one acre. The
property is located on the southwest comer of the intersection of Cemetery Road and
US 93 and contains s a 'how, Pump convenience store and gas station.. The applicants
are interested annexm the property to the city and apply of a. conditional use
permit to undertake a. 2,700 square foot addition to add a tavern casino.
The Kalispell City Planning Board met on January 10, 2006 and held a public hearing
to consider a request for annexation and an initial zoning designation of f -2 General
Business, on apprwdmately one a.er Staff evaluated the proposed zoning indicating
that the f - 2 zoning request was in comphance with the Growth Pokey which
designated this area as commercial on a. major entrance corridor to the community.
Jentz reviewed the statutory fmdins indicating that the staff did support the f -2
zonmg classification upon annexation.
Two representatives of Montana. Commerce LLC spoke in favor of the annexation and
o one spoke in opposition.
After the public hearing the board discussed the annexation and initial zoning. The
board unanimously voted to adopt staff report KA-05-21 as Findings of Fact and
forward a unanimous recommendation to the city council approving - 2 General.
Business as the initial zone for this property.
RMCoNMMNDA ION: A motion to approve the resolution annexing the property and
a motion to approve the first reading of the ordinance for initial zoning of -2 would be
in order.
FISCAL EFFECTS: Positive impacts due to increased tax base and limited impact on
services.
Montana Commerce LLC
Janus 2, 26
Page 2
ALTERNATIVES As suggested by the City Council.
Res eetf fly submi to .,
s
Thomas R. Jentz
Director
Report compiled: January 16, 2006
Attachments: Cost of Series Report
Theresa White, Kalispell City Clerk
es FHi. altrick
City Manager
RESOLUTION NO. 5090
A RESOLUTION TO PROVIDE FOR THE ALTERATION of THE BOUNDARIES OF
HE CITY of KALISPELL BY INCLUDING THEREIN, .AS AN ANNEXATION CERTAIN
REAL PROPERTY, T Y, MORE PARTICULARLY DESCRIBED ON "EXHIBIT ", LOCATED
IN SECTION 29, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY MONTH NA, TO BE KNOWN AS MO T'ANA COMMERCE ADDITION ION No.
377; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from. Montana Commerce, LLC, the
owners of property located on the southwest corner of Cemetery Road and US 93
South our Corers)., requesting that the City ofKalispell annex the territory into the
City, and
WHEREAS, the Kalispell Planning Department has made a report on Montana Commerce"s
Annexation Request, #IAA-o - 1, dated December 21, 2005, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City -2, General Business, an approximately one acre upon
annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title +7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property as descr' ed above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Montana. Commerce Addition No. 377.
SECTION ,II. Upon the effective date of this Resolution, the City Clerk is directed
to male and certify under the seal of te City, a copy of the record o
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
ater said annexed territory is part of the City of Kalispell and its
citizens and -Property shall e subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALlSPELL THIS 6TH DAY of FEBRUARY 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
tract of land situated, lying and being in the Southeast Quarter of the Northeast Quarter SE /4 E /4) of
Section 29, Township 28 North, Range 21 West, P.M-X., Flathead County, Montana and more
particularly described as follows:
Commencing at the NE corer of the S l/ENE14 off'said Section ; thence
North ° .'2 " West, a distance of 359,71 feet along the North boundary of said S I/4NE14; thence
South o° 1 ' 1 "vest, a distance of 30.0o feet to a point on the South right-o way of the approach to
i. ,S. Highway No. 93 on Cemetery Road, being the True Point of Beginning of the tract of land herein
described; thence
South ' '2 " East, a distance of 174.08 feet along said South right-of-way to a point on the west right-
of-way of ,S. Highway No. 3; thence Southerly along said right-of-way on a. curve concave to the SW,
with a radial bearing of South 73'2 5'4 1" West, a radius of 2 8 05.12 feet,, through a central angle of
0 13 3 ' ", for an arc length of 272.3 . feet to a point being a comer on the East boundary of Lot 5 of the
Amended Plat of Lots 3 and 5 of Ashley Business Park and the Amended .Plat of the Amended Plat of Lot
of Ashley Business Park Subdivision; thence along the boundaries of said Lot 5 the following 2 courses:
North ° 33 " west, a distance of 240.22 feet to a point and
North 00' 1 ' 19" East, a distance of 2 64. 1l feet to the Point of Beginning.
Shown as Tract I of Certificate of Survey No. 16501.
RA-5-2 1
Montana Commerce LLC Annexation
Cost of Services Analysis (Commercial)
Dace 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 Kalis ell's Design and Construction standards
and any other development ent policies, regulations or ordinances that may apply. Note that
Cemetery Road and US 93 were recently re -constructed with the US 93 South
construction ction ro ect at which time city water are.d sewer lines were extended to this site.
No additional street, water or sewer main . rork is proposed* This cost of Services Plan is
prepared as a commercial annexation.
Number of Dew Units pMposed to be annexed
N/A
Estimated Increase in latlon: (base. on US Census Figure of 2.2 per household)
N/A
Cost of Semis
Per ca. ita costs
• Fire. $68.84 per person per year.
Additional al costs to the fire department
Police.- $110 per resident per year.
Additional costs to the pohce de artrnent
•Administration: $39.48.
Additional cost to administration
0 x 68.84 = $ Unknown
0 x 110.00 = $ Unknaw,.
0 x 39.48 = $ Unknown
• Sohd Waste:
AdditionaJ cost to solid waste (none for five years) - $ o
Lineal Feet Casts: Lineal feet - No new roads, seiner or water mains)
Roads: $1.14 per heal foot
Additional cost in road maintenance o x 1.14
Water: $3.44 per lineal loot
Additional cost in water lire maintenance o x 3.44
• Sewer: $5.50 per lineal foot
Additional . cost in sewer maintenance o X 5.50 $ 0
Storm sewer maintenance costs:
-
Average Square loot per lot - 431,560
1
No. of units x square foot x 0.007202
W AnticipAted Cost of Sew:
Antici d Revenue Generated
Assessments based on squarefoo
vera. e care 'b er lot* 437560
1 x 43,550 x $0.007202 = $314
314 +
Storm sewer assessment $0.0052 per square foot
Revenue from storm sewer assessments f x 43,560 x $0.007202 31
• Street maintenance assessment $0.0086 per square foot
Revenue from street maintenance assessments 1 x 43,560 x $0.01490 $ 64
• Urban forester assessment $0.00135 per square foot
Revenue from urban forestry assessments 1 x 431560 x $0.00135 - 5
Special Assessments: 'here are no special assessments.
Genetrevenue:
* Assessed value per property: $750,000
Total assessed value: 1 x 750,00 = $ 7505,000
Total taxable: 750,000 x 0,03543 = $ 26,572
Total additional general revenue based on 170 miH levy*
2 ,5 2xO*1 $41517
Total Revenue Generated to the City $ 51F539
NET ADDITIONAL ANNUAL REMNUE TO THE CITY: 52225
NOTM 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.
TRANSMITTALS KA05-20 BONNER COSTOFSVCS
2
City of Kalispell
Planning Department
2nd Street Ems, Suite 211, .K.spell, Montana 59901
The: )751-1850
Fax: (406) 75 l - l
Websit * ka is el lan M .e m
January 25, 2006
James H. Patrick, City Manager
City of Kahspefl
P.O. Box 1997
Kalispell, MT 59903
Re; Montana. Commerce LLC - Annexation and Initial Zoning of -2 General Business,
29 10 Hwy 93 South at Four Corners
Dear Jam;
The Kahs ell City l a n Board met on January 10, 2006 and . l a public .ean'n
to consider a request for annexation and are initial zoning designation of B-2 General
Business, on approximately one acre. The propel is located n the southwest corner
of the intersection of Cemetery Road and US 93 and contains a Town Pump
convenience store and gas station. The applicants are; interested in annexing in the
property ert to the city and have applied for a conditional use permit to undertake a 2,700
square foot addition to add a tavem c sin .
Tom Jentz of the Kalispell Planning .gig e artment presented staff report #KA- -2
evaluating the proposed zoning indicate' that the B- 2 zoning request was in
compliance with the Growth Pohcy which designated this area as commercial on a
major entrance corridor to the community. Jentz reviewed the statutory findm4gs
indicating that the staff did support the B-2 zoning classification upon annexation.
Two representatives ta.tives f Montana Commerce LLC spoke in favor the annexation and
no one spoke In opposition.
After the public hearing the board discussed the annexation and initial zoning. The
board unanimously voted to adopt staff` report KA - 5-21 as Findings of Fact an
forward a unanimous recommendation to the city council approving -2 General
Business as the i itial zone for this property.
Please schedule this matter for the February 6, 2006 regular city council meeting.
Montana Commerce LLC
January 25, 2006
Page 2
You may contact this boar. or Tom x Jentz at the Kalispell Planning Department if you
have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
George Taylor
President
GT/TJ/ ma
Attachments: Staff report KA-o 5- 21 and application materials
Minutes of the 1 10/06 plying board meeting
c ter/ Att: Theresa White, Kalispell City Clerk
e w/oAtt.- Montana Commerce LLC, P.O. Box 6000, Butte MT 59702
MNANA COERCE LLC
REQUEST FOR MTUL ZONING OF - 2UPN ANNEXATION
KALISPELL PLYING DEPARTMENT
STAFF REPORT #KA-05-21
. report to the Kalispell City Planning Board and the Kalis en City Council regarding
the initial zoning o -2 General Business upon annexation to the city. A public
hearing has been scheduled before the plannmg board for January 10, 200
beginning at- ;oo PM in the Kalispell City Council Chambers. The planning board
will forward a. recommendation to the Kalispell City Council for final action.
.BACKGROUND INFORMATION: This report evaluates the a ro r'ate assignment of
a City zoning classification i accordance with Section 2 .o3.010 of the Kalis efl
Zoning Ordinance. A request to annex this property to the city is being concurrently
submitted and processed.
A. Petitioner and vmMontana Commerce ITC
P.O. Box 6000
Butte, MT 59702
(406) 9 - 921
B. Location and Legal Description of Property: The property propose. for .rU'tial
zoning is located on the southwest corner of Cemetery Road and. Us 93 South
(Four Comers). The current city omits lie immediately to the north across US 93
at the Toyota. Dealership. The property can be described as Tract 5(Tract I o
Certificate of Survey 1 0 located in Section 29, Township 28 Now, Range 21
West, .M.M., Flathead County, Montana.
C. Fidsting zoning: This property is currently situated in the County Highway 93
South Zoning District and carries an I-1 H Highway Light Industrial classification.
This district is intended to provide areas for light -industrial uses and service uses
that typically do not create objectionable le by-products (such as dirt, noise, glare,
.eat, odors, smoke, etc.) which extend beyond the lot Imes. It is also intended
that the encroachment of non -industrial or non-specific commercial uses within
the district be prevented. The district is Mte de . for uses that locate along state
and federal highways and contains greater levels of performance are.d signage
restrictions for the purpose of protecting the County's major travel ways from
unnecessary encroachments are.d hmiting access points to encourage improved
traffic Bows and to preserve scenic corridors and entrance rays to major
communities. In March, 2002 the County ty added commercial uses to this district.
D. Proposed Zoning: The property owners are requesting City B-2 zoning. This is a
business district intended to provide area for those retail sales and service
functions and businesses whose operations are typically characterized by outdoor
display, storage and/or sale of merchandise, ise, y major repay of rotor vehicles
and by outdoor commercial amusement are.d recreational activities. This district
would also serve the general needs of the tourist and traveler and depends on the
proximity to major streets and arterials.
Page I
E. size: The area proposed for im'tia.l zoning contam.s a aroxnnatel r one acre.
F. Existing Land �` , : This property eonta.ir� s a. con er erree store and gas station
that has operated for many years. The new owners (Town Pump) are in the
process of remodeling and expanding the business to Mclude a bar/ casino.
G. Adjacent Land Uses and Zoning: The adjacent lard uses are in transition but
are currently agricultural to the east, west and south and a mature of residential
and commercial to the north along Hwy 93
North: Highway 93 RAT and city its zoned City - 2
South: Agricultural oned County I- I H
East: Agricultural zoned County l- I H
West: Agricultural zoned County - I om*n
H. General Lard Use Character: The character of the inirnediate area can be
described as commercial and industrial uses fronting on IT`S 93 with less intensive
agricultural and residential uses off of the highway. The immediate site abuts the
highway corridor and lies at r aj or i.r�.tersection.
1, AvailabiRty of Public services: City water and sewer are located irrnedia.tely
adjacent to the property. Upon annexation, this property would have immediate
access to therm and it is the intent of the developer to extend grater and sewer to
this site. The highway frontages abutdng this site are the responsibility of MDT.
The City can provide police and fire protection as it does to the ad of irrg
properties to the immediate north*
J. Additional background infor tli.: This property was recently purchased b
Town Pump. It was their plan to remodel and expand the facility including
adding a bar/ casino. A state building permit was required. In the process o
revievn'ng the state building err lt, the adequacy of the sewage disposal system
(on -site septic tank and drain Feld) was reviewed. Town Pump was not allowed to
expand the septic tank/ drain Feld because they abutted a public water and sewer
facility (Kalispell). The City required Tow. Flump to sex M* order to hook up to
serer and water. This led to the current annexation request. Note that under
separate application, 'mown Pump will be requesting a conditional use pest to
operate a bar/ casino at this location. The M' itia.l zoning and annexation
application before you now only deals with the existing convenience store and gas
station at this time.
EVALUATION BASED ON STATUTORY CRIES
The statutory basis for reviewing a change in zomng is set forth. by -2-2 , M.C.A.
indirr s of fact for the zone change request are discussed relative to the itemized
cr *teria described by -2-2 3, M.C.A.
Page 2
AND DISCUSSION
Does the re uested zone corm1 nth the Groff Folic
This property and the general area of the Four Corers intersection is
designated as Commercial on the Kalispell Growth Policy 2020, future land use
map and potential u.tfty service area. This request is in compliance with the
plan.
2. Is the reguested zone designed to lessen core estion in the streets?
The current zoning is County I- I H, Light Industrial. This is a moderately
intense commercial / industrial zoning designation which aRo s a variety of
light industrial uses and general commercial uses. The City T2 zone would
po
ssibly offer uses that generate more vehicle traffic than the current County I-
1H zone, however, the County zone typically would encourage a. greater m]LX of
truck and heavy equipment t traffic, while a - 2 zone would be more auto
oriented. The property is situated along US 93, recently expanded ded to a four
lame design. MDT in their design llrr ted and established speck access points
for this proper. A traffic light exists at Cemetery Road. It is not envisioned
that the current convenience store and associated one acre site will unduly
un a.ct traffic patterns as the use already exists and has been planned for.
3. Will the requested zone secure sae from fire a is and other dan ers
The zoning anticipates ates the type of uses that this property is already developed
as. Along with the annexation and zoning will core City services including
City police and fire services, fire inspections, the extension of water and serer,
and City review and oversight of all building expansions. With the associated
site design restrictions imposed by the -2 zone including height, setbacks and
parking, the issues of safety should be adequately address.
. WiU the requested zone romote the health and....general welfare?
Because this annexation will enable the property owners to connect to public
sever and develop this property with full public services, the public health and
welfare of the community will be served.
5. Will the re nested. zone provide for ade u.a.te light and air?
The proposed commercial zoning designation and allowed uses would be
subject to the development er t standards of the zoning which help to insure that
there is adequate hght and air by using building height restrictions and
setbacks as well as landscaping and parking requirements. Conditionally
permitted uses that might be allowed W1H have special conditions s required for
the development.
ent.
Page
6. Will the re nested zone regent the overcrowding of land?
The requested zoning designation is generally consistent With. other -2 zoning
in the area and will continue the commerciai pattern that is already established
along the HwT 93 cor dor .in this immediate location. Traffic congestion is a
major issue along this corridor, however, with the recent reconstruction of US
93 and the installation of a. traffic signal at Cemetery Road, traffic concerns are
greatly mitigated.
7. Will the requested zone avoid undue concentration of people.
Designating these properties for commercial development wiH have al
impact as this property is already developed as a Commercial -2 typical use.
The property over time will likely be developed more intensely with Cif utihties
and services than would othervn'se be aHowed in the County* However with the
presence of development standards associated with the -2 zone and the
associated presence of City services it is unlikely that it would result in the
undue concentration of people.
8. Will the re .ested zone facilitate the adequate rov si.on of transportation,,
rater se rera e schools arks and. other .blic reguirements
Annexation and the -2 zoning will allow city water and sever to be extended
to the site in an orderly fashion. The site is already served by the recently
updated. US Hwy 93 corridor improvements. Conunercial property sloes not
generally place demands on schools and park, conversely they will increase
the tax base and leverage a, greater level of service throughout the community.
. Does the requested zon "ve consideration to the articular suitability of the
propeLty for articular uses?
The proposed zoning is generally consistent with, the zoning in the surrounding
area to the north. The property is already commercially developed and
complies with the proposed B -2 zoning.
0. Does the requested zone.&ive reasonable consideration to the character of the
district?
The general character of the area is a mix of industrial and commercial uses
adjacent to US Hwy 93. At the immediate intersection. of Four Corners, a
commercial node is developing in compliance with. the Growth. Policy
designation.
. l . will the proposed zone conserve the value of b ildin s
Value of the buildings in the area wiH be conserved. because they are consistent
w ith the uses allowed under the zoning and compatible with other uses in the
immediate area.
Page 4
2. WiR the re nested zone encourage the most ro ri to use of the land
throughout the ' .ris ictio .
This property is within the utihty service area of Ka. spe . and is immediately
adjacent to City sewer a.nd water services. It is presently developed as a.
eon e �. en e store o the edge o t .e city a .c its use complies W1 the overaH
Growl Development Pohcy. The -2 or would provide are.d encourage the
most appropriate use of lard in this portion of t..e juris iction.
RWO1dhMNDAT1ON
t is recommended that the KahspeH City lann Board and Zoning Commission
adopt staff report #KA-05-21 as fmdings of fact and recommend that the initial zoning
for this property upon annexation be -2 General Commercial.
Page
D ECEOVE
City of KalispelO DEC ° 5 2005
Planning Department f(Ai.1SPELL PLANNING DEPARTMENT
1 - "" Street East, Suite 211, Kalispell, Montana 59901
Telephone: o 1-1 o
Fax: 1-1
PETITION FOR ANNEXATION AND PilTIAL ZONING
NAME OF APPLICANT: 0 LA A\ e U
MAIL ADDRESS:
CITY/STATE/ZtP:� �� tr t''�'� � 1'V1 T _ � �T ? D � PHONE:
INTEREST IN PROPERTY:(.y ►4 r-,
other Parties of Interest to be Notified:
PARTIES OF fN T REST:
MAIL ADDRESS:
PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
,Address of the property: 4,.,o
Legal Description: `- ""
(Lot and Block of Subdivision; Tract
�),If 11 T_,�gL,) k � 2,_,�" 0
(Section, Township, Range) (Attach metes and bounds as Exhi
Land in project5
w
The present zoning of the above property is:
tee. Z. I GJ _� sf-
Wky .
-
rThe proposed zoning of the above property is. - a -, a .. .. ....... - I 13!L)'-% t n e'.s &
it A
� A I-)
State the changed or changing conditions that make the proposed amendment necessary:
A_�, 0' rx - - -- -- - ------ - L.-Li r., . , e J. �� . a I 10 t__0 � -e"k-0 -' 0
The signing of this application signifies that the foregoing information is true and accurate to based upon the
best inforTnation available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection during; the annexation process.
c:: Z_:��Zo Tp'� . ..... . ...........
(Applicant) (Dade)
I
Return to
Theresa white
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
ETIT N T AMEX
AND
NOTICE of WITHDRAWAL FROM RUB FIRE DISTIRJCT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council o
the Clity of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioners 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 he provided to the
property described herein on substantially the same basis and in the sane 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 petitioners further herein express are intent to have the propel as herein described
withdrawn from the g u .. ral Fire Distnict under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this petition to hex 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 evert the property is not immediately annexed, the petitioners further awes 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 allowPetitioner(s) to connect and receive the utilities from, the City o
Kalispell,
inis 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,
t
P titi r n r 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
6-1) 4 SS
County o f mad ety
n th �`pi day o � , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to
me the
d'bed to the foregoing instrument d acknowledged
to me that he/she execute. ' {. .
IN WITNESS WHERE a`e "hereunto se m and and affixed my Notary Seal the day and
year in this certificate fi a ve wte
Wit. t� Public, St to or Morita
%,
" ;L. ,
ry ` siding at
y Commission expires* � .,�.
� �2
STATE of MONT NA
S
County or Flathead County
On this day before me, the undersigned, a. Notary Public for
the State of Montana, personally appeared know
to me to be the person whose ,game is subscribed to the foregoing instrument and acknowledged
ed
to me that he/she executed the same.
fN 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, Mate of Montana
Residing at
My Commission expires:
STATE OF M NTAN
i SSi
County of Flathead
n 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 or said corporation, and acknowledged to me that such corporation executed the same.
N WITNESS WHEREOF, I have hereunto set my hand and axed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State or Montana
Residing at
My Commission expires
EXHIBIT'A'
A tract of lance situated, lying and being Ln the Southeast Quarter of the Northeast Quarter
S1NE1 o
Section 29, Towrnshlp 28 North., Ra . West, P.M.,M., Flathead County, Montana and more
particularly
.es ri e as follows;
Commencing at the NE corner of the S V4NEI said Section ; thence
North 8 ° t " West, a distance of 359.71 feet along the North boundary of said S I/ NEI/ -
thence
South. oo° 16" West, a distance or 30.00 feet to a point on the South i ht�o -way of the approach
to U. S. Highway No. 93 on Cemetery Road, 1 being the True Point of Becrinning,of the tract of
land herein described; thence
So f ' ' 8 East, a distance of 174,08 feet along said. South right - way to a pointthe
West right-of-way of U. S Highway No. 3; thence Southerly along said right-of-way on a curve
concave to the SW, with a racial bearing of South. 302 ' - ",'blest, a radius of 2805J2feet,
through a central ancyle of o °33' ", for an arc length of 272-32feet to a point being a corner o
the East boundary of Lot 5 of the Amended Plat of Lots 3 and 5 of Ashley Business Park and the
Amended Plat of the Amended Plat of Lot 4 of Ashley Business Park Subdivisiom thence along the
boundaries of said Lot 5 the following 2 courses:
f orth ° 3`3 "We-st, a distance of 240-22feet to a point and
North oo° ' 1 " East, a distance of 264.11 feet to the Point of Becyinning.
Shown as Tract I of Certificate of Survey No_ 1650 1.
STATE of ONTAN , COUNTY of FIATHEAD
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t clock and duly recorded in the records of Flathead Coup Montauk.
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MONTANA COMMERCE, LLC
REQUEST FOR ANNEXATION & INITIAL ZONING OF B-21
GENERAL BUSINESS FROM COUNTY I-1H, LIGHT
INDUSTRIAL - FILED CONCURRENTLY WITH A
CONDITIONAL USE PERMIT
12/9/05
FILE# KA-05-21 PST DAM
H:\gie\aite\ke05_21.dwg
Cl*ty of Kalispell
Planning Department
1 - 2!dStreet East, Suite 211, KafispelL Montana 59901
Telephone: o751-1850
Fax:751-1858
W e It : kalispellplanning.com
MEMORANDUM
TOO Ka s ef. City Staff
Other .Interested Panties
R X Tom Jentz, Director <��
RE: January 10, 2 - Kalispell Planning BoardMeek
DATE: December 20, 2005
These items will go before the Site Development Review Conunittee in the Kalispell
Building event on the ollowm'g dates;
• Dec 22 - Initial Review
• Dec 2 - Staff Comments
Please Nate: Not a . of the projects listed will warrant your consideradon or
comments - only those within your applicable area of jurisdiction or review.
Final Comments . By:
December 30 so that they can be m* corpra.tc into the staff report for the January 10,
2006 public hearing. Please bring your cor ents to the above referenced site review
committee meeting(s) or submit your comments in Ming or by phone so that they
can be incorporated into the staff report to the planning board. You can reach me at
o or e-mail at Jentz(@kalispefl.com.
1, A request by Janes 8& Karen Holmquist for an initial zoning designation of R -2 ,
Single Family Residential, upon anne adore to the city of Kalispell on
approximately 2.54 acres. The propel is located at 405 West Evergreen Drive
just east of Whitefish Stage Road.
2. A request by Luther Preach for an initial zoning designation of R -2, Single Family
Residential, neon annexation to the city of Kalispell on approximately I acre. The
property is located at 1624 Woodland Avenue.
3. A request by John & Bobbi Bonner for an i tia.l zoning designation o - 1,
Neighborhood Buffer District upon annexation to the city of Kalispell on.
a a rommatel. r 2 acre. The property is located at 1322 Whitefisli Stage Road,
north of West Evergreen Drive.
request by Jody Middleton & Lori Fisher for a conditional use pest to allow the
construction of a three -unit townhouse in addition to a single famfly residence that
currently e2ists on the property. The property is located at 1310 — 6th Aveniae West
in KadspeU and is zoned R-, Two Family Residential.
. A request by Montana Commerce, LLC for an �.tial zo=g designation o -2 ,
General B-asiness, upon a xexat .on to the city of Kalispell on approximately acne.
The propel is located at 29 10 Highway 93 So t . at the intersection of Cemetery
Road.
. A request by Montana Commerce, LLC for a conditional use pest to allow the
operation tion of a ' aver n / Cas no at the cent Town Pump gas station. located at
2910 Highway a 3 South at the intersection of Cemetery Road. A request for
annexation and initial zorn'ng has been. "fled concurrently with the conditional iase
permit application.
If you need additional info=ation regarding any of these items, please call me, Thank
you for taking the t.e to review and comment on these items.
v attaements; F. Ray Rufatto, Fire Dept.
Mike Baker, Parks and Ree
James Patrick, City Manager-
. P.J. Sorenson, Zoning ministrator
Roger~ Krauss, Police Dept.
Fri Castles, City gm' eer
Jim Hansz, Public Works Director
Mark Crowley, Construction Manager
Sandy Wheeler, Corri-raunity Redevelopment
Susan Moyer, Community Development Director
Craig Ke `=ark., Chief Building Inspector
Charles Harall, City Attorney
MD, Local
M o' ,, Land P1 g v sion Helena
Charlie Johnson, County Road Dept*
Evergreen Fire Dept.
South Kalispell Fire Dept.
e: -w/o attachments; Applicants
City of Kalispell
Planning Department
eehe* o -. o
Fax: o751-1858
You are being seat this notice because you are a property owner within 150 feet of the
proposed project noted below and will be most erectly affected y its development.
You have are opportunity to present your comments and corkers at the meeting rote.
below. You may contact this office for additional info=a.tion.
NOTICE OF PUBLIC HEARING
ICALISPELL CITY PLANNING BOARD AND ZONING COMUSSION
January 10, 2006
.e regular meeting of the KalispeH City Planrdng Board and Zoning Commission is
scheduled for Tnesday, January 10, 2006 beginw*ae7:00 PM in the Kalispell City
Council Chambers, Kalispell City Hai., 312 First Avenue East, KalispeH, The planning
board will hold a public hearing and take pubhc comments on the following agenda.
items. The Board will make a. recommendation to the Kalispell City Council who will
take final action.
..A request by James & Karen. Holmquist for an n�u*t al zoning designation of R-2,
Single Famfly Residential, upon annexation to the city of Ka s ell on
apprW=ately 2.54 acres. The property is located at 405 West Evergreen Dave
just east of Whitefish Stage Road and can be described as Assessors Tract 5
located in section 32, Township 29 North, Range 21 West, P.M.M. , Flathead
County, Montana.
2. A. request by Luther French for an initial zoning designation of R-2, Single Family
Residential, upon annexation to the city of Kalispell on approximately 1 acre. The
property is located at 1624 Woodland Avenue and can be described as Assessors
'tracts 6BA, 6HA, 6H , 6HBA, and Lot 32 A, Block l of Green Acres M section 17,
Township 28 North, Range 21 West, . M. M . , Flathead County, Montana.
3. A request by John & Bobbi Bonner for are im*tial zoning designation o - 1,
Neighborhood Buffer District upon annexation to the city of Kalispell on
of ro=ate y 2 acre. The property is locate. at 1322 Whitefish Stage Road,
north. of West Evergreen Drive and can be described as Assessors Tract 5F or Tract
of Certificate of Survey No. 9490 located in Section 32, Township 29 North,
Range 21 West, _M.M., Flathead County, Montana.
. A request by Jody Middleton & Lori Fisher for a conditional use permit to mow the
construction of a three -unit townhouse iLn addition to a. single fly residence that
currently exists or the property. The property is located at 131 - 6thAvenue West.
in Kalispell and s zoned R--4, Two Family Residential. The property can be
described as .assessors Tract 8TH located in Section 18, Township 28 Now, Range
l West., .M.M., Flathead. County, Montana.
. A request by Mona Commerce, LLC for are al zoning es .g .a o o -2 ,
General s �.e s s , upon annexation to the city of Kalispell ll n a. r .tea ely I acre.
The propel is located at 29 10 Highway 93. South at the intersection of Cemetery
.load and can be described as Assessors Tract 5A located M Section 29, Township
28 North, Rage 21 West, P.M.M., Flathead County, Montana.
request by Montana Commerce, LLC for a conditional iise pert to mow the
operation of a avem Casino at the cent Tow. P-ump gas station located a
29 10 Highway 93 South at the M*tersection of Cemetery Road. A request for
annexation and initial zoning has been wed concurrently with the conditional use
permit application. The property can be described as Assessors 'tract 5A located in
Section 29, Township 28 North, age 21 West, ram, M. M. , Flathead County,
Montana.
Documents s ertainig to these agenda items are on file for p-ablic inspection at the
Kalispell Planning Department, 17 Second Street Easi., Suite 2 11, Kalispell, MT 5990 1,
and are available for public review during regular off -ice hours.
Interested persons are encouraged to attend the hea g and make their viers and
concerns known to the Board. Written comments may be submitted to the Tri-City
lam .g office at the above address, r*o - to the date of the hearing, or you may
contact Tom Jentz, Planning Director a o 5 l - l850 or e-mail at
�en�.�ali§pell.com for a ditioniad info=a Fox, .
SIMI.4'
Sincerely,
Thomas R. Jentz
l + g Director
No. 10123
NOTICE OF PUBLIC
TEARING
KAUSP ELL-iT
PLANNING ?AC
AND ZONING
1N
COMMISSION
January 30, 2006
.The r guiar meeting of
the Kalispell City Pla-
ning Board and Zoning
Commission is sched-
uled for Tuesday Janu-
ry 10, 2006 beginning
at - 0 PM in the Kalis-
pell li City CouncilCham-
bers, Kalispell City ;fall,
312 First Avenue East,
Kalispell. The planning
board will hold a public
hearing and take public
comments on the follow-
ing agenda items. The
Board will make a rec-
omendation to the Ka-
lispell City Council who
will take final action_
1, A request by James
Karen Hoimquist for
an initial zoning desig-
nation of -2t Single
Family Residential,
upon annexation to the
city of Kalispell on ap-
proximately 2.54 acres.
The pro perty is located
at o West Evergreen
Drive just east of White-
fish Stage Road and
can be described as As-
sessors Tract 5A locat-
ed in Section 32, Town -
hip 29 north, Range 21
West, P.M.M., Flathead
County, Montana.
. A request by Luther
French for an initialzon-
ing designation of R-2#
Single FamilyResiden-
tial, upon annexation to
the city of l' afispeil on
approximately 1 acre.
The property is located
at 1624 Woodland Ave-
nue and can be descri-
bed as Assessors
Tracts 6BA, HA, � H }/�� ,
6HBA, and Lot
Block 1 of Green Acres
in Section 14 Township
28 forth, Range 21
west, P.M.M., Flathead
County! Montana.
. A request y Jody
Middleton & Lori Fisher
for a conditional use
permit to allow the con-
struction of a three -unit
townhouse in addition to
a single family resi-
dence that currently e-
ists on the property.
The property is located
at 1310 — 6th Avenue
West in Kalispell and is
zoned i-, Two Family
Residential. The prop-
erty can be described
as Assessors Tract 8TH
l-Oo .ted in Section 18,
Township 28 North,
Range 21 West,
P.M.M., Flathead Coun-
ty, Montana.
. A request by John &
cbbi Bonner for an ini-
tial zoning designation
of B-1 , Neighborhood
Buffer District upon an-
nexation to the city of
l ahsoell on approxi-
mately 1 /2 acre. The
property is located at
11322 Whitefish Stage
Road, north cat West Ev-
ergreen Drive and can
e described as Asses-
sors Tract 5F or Tract 3
of Certificate of Survey
o. 9490 located an
:"e tion 32, Township
29 North. Range 21
West, .1 .M.. Flathead
C-J,aUnty, Montana_
. A request by Monta-
na Commerce, LLC for
an initial zoning desig-
nation of -2, General
Business, upon annexa-
tlon to the city of Kalis-
pell on approximately 3
acre. The propel is lo-
cated at 2910 Highway
93 South at the inter-
section of C ' etery
Road and can be de-
scribed as Assessors
Tract 5A located in ec-
tion 2, Township 28
North, Mange 21 West,
P.M.M., FlatheadCoun-
ty, Montana.
. A request by Monta-
na Commerce, LLC for
a conditional use permit
to allow the operation of
a Tavern/Casino at the
current Town Pump gas
station iodated at 2 910
Highway 3 South at
the intersection ofCem-
etery Road. A request
for annexation and initial
zoning has been filed
concurrently with the
conditional use permit
application. The proper-
ty can be described as
Assessors Tract 5A lo-
cated in Section 29,
Township 28 North,
Mange 21 West,
.M..7 Flathead aun-
ty, Montana.
Documents pertaining
to these agenda items
are on file for public in-
spection at the lalispil
Planning Department,
17 Second Street East.
Suite 211, Kalispell, MT
59901, and are a aiia-
ble for public review
during regular office
hours.
interested persons are
:ncouragei_to attend
-he hearing and ,make
;heir views and con-
-erns known to the
card. Written co-
ents may be urnit-
ed to the Tri- itv Plan-
ning ffice at the above
address, prior to the
date of the hearing, or
you nay contact Fain
Dent-Z, Plannin.g Director
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
SHERI C NKLIN BEING DULY SWORN,
DEPOSES AND SAYS: THAT SHE IS THE LEGAL
CLERK OF THE DAILY INTER LAB A DAILY
NEWSPAPER OF GENERAL CIRCULATION,
PRiNTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
S f rAT E OF M N ANA, AND THAT NO 10123
LEGAL ADVERTTSMENT WAS
PRINTED AND PUBLISHED IN THE REGULAR AND
ENTIRE ISSUE OF SAID PAPER, AND R',; EACH AND
EVERY COPY THEREOF ON THE DATES OF
DEC 2
AND THE RATE CHARGED FOR THE ABO VE
'RIMING DOES NOT EXCEED THE MINIMUM
GOING .RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME S= TYPE AND PUBLISHED
OR THE SAME NUM3ER OF INSERTIONS.
x
Subscribed and sworn t
Beforeme this
AD DEC 2 � 2005
a
Notary Public for the State of Montana
Residing ing in Kalispell
My Commission r9/11/09
az. ( ot�) / i -i 8 o or e-
mail him . at bent kalis-
pe#l.com for additional
information.
Ysi ho ar R. Jentz
Thomas R. Bentz
Planning ;Director
1cember 25, 2005,
CERTIFICATION
APPLICANT.- Montana Commerce, LLC
'MCP FILE : KA- 5-2 KCU-05 -1
1, the undersigned certify that I did this date mail vie. First Class mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property that is requesting annexation and a
conditional use permit.
Date:
S-'-R: 2-2-2
Lot/Tract Tract 1, Certificate to of Survey
Property Owner/Mai. Address*
Montana Commerce, LLC
P.C. Box 6000
Butte, MT 59701
AND. TTACH.E.. LIST
'T`e ra�rar Gardner MontanaCommerce, � �% � R�w west � Martina Martinez
P.O. Box 6000
P.O. Box 958
Butte, M` 59701 Kalispell, M3-095Gaspe, �` ��
James & Camilla Le
P.O. Box 29
Kalispell, MT 5 3-2 9
Terry & Pamela Eaton
105 Welf Lane
Kahspell, MT 59901
Flathead Count
800 South Main street
Kalispell, MT 59901
Triple B Enterprises, L P
331 U.S. Highway 93 South
Whitefish, MT 59937
Mary & Jeffrey Roper
313 Fox HoUow Road
Kalispell, MT 59901
Karen & Alan Avery
2858 U.S. Highway 93 South
Kalispell, MT 59901
1
Josephine Sl eri s Living Tr
P.O. Box 806 1
Portland, R 9 2 s -1 1
Neil & Phyllis Bertelsen Fam Tr
212 Apple Tree Circle
Kai .sp ell, MT 59901
State of Montana
Dept. of Transportation
P.O. Box 20 1001
Helena, MT 59620-1001
Myers realty, Inc.
P.O. Box 469
igfrk, MT 59911- 9