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2. Resolution 5122 - Annexation - Eisinger Properties, LLC & DavisREPORT T: FROM: SUBJECT City of Kali*spell Planning Department 2'0 Stream fast, Suite 211, Kalispell, Montana 9901 Telephone.- (406) 75 l - 1850 .fax: (6)75 l - . 58 We s of kal e lamm' g. com Kalispell Mayor and City Council Sears C .ra.d, Senior Planner James H . Patrick, City Manager Eisinger Properties, LLC and Lyle and Joanne avis -- Annexation and Initial Zoning of - 2 , General Commercial FETING DATE: June 19, 2006 BACKGROUND: This is a. request from Eisiner Properties, LLC and Lyle and Joanne Davis for an initial zon designation -2, General Commercial, on approximately 15.4 acres. The properties are located at 2545 and 2563 Highway 3 Now, at the northeast comer of the r'terseeti n of Highway 93 and West Reserve Drive, located *thin Section 30, Township 29 North, Range 21 Nest, Flathead County, Montana. a. The planning board held a public hean'ng on May , 2006, and after the public hearing and board discussion a. motion was made and passed unanimously to forward a recommendation that L'M'ial zom*ng for the two properties should be -2 , General Commercial, upon annexation. However, in order for the Council to act on the i tia.l zoning recommendation the Council will first reed to approve the requested growth policy amendment KG1 . - l) to change the land use designation n the two properties from Neighborhood Commercial and Suburban Residential to Commercial. RECO�NDA motion to approve the resolution annexing the property and a motion to approve the first readies.g of the ordinance for initial zoning would be in order. FISCAL EFFECTS* Positive impacts once fuRy developed. ALTERN PM: As suggested by the City Council. RespectfuUy submitted, ....................... . .. ... �t Scams. Conrad Senior Planner Report compiled: May 31, 2006 Theresa White, Kalispell City Clerk es H. Pack City Manager Rtn to Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION No. 5122 A RESOLUTION TO PROVIDE FOR THE ALTERATION of THE BOUNDARIES of THE CITY of KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED oN "EXHI I A"', LOCATED IN SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, P,M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS ISINGER/DAVIS ADDITION TION NO, 3 ; 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 pet1tior from Eimer Properties, LLC and Lyle and Joanne Davis, the owners o propel located on the northeast corner of the intersection of Highway93 and west Reserve Drive requesting that the City o Kalispell annex the territory into the City, , and WHEREAS, the Kalispell Planning Department has made a report on the El in er Davi Annexation Request, #KA-- , dated April 19, 2006, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned. City B-2, General Commercial, on approximately 15.4 acres upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 71 Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KA ISPE L AS FOLLOWS SECTION I. That all the real propel as described above be annexed to the City o Kalispell and the boundary of the City is altered to so provide, and shall e known as Eisinger/Davis Addition No. 380. SECTION H. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the 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 alter the date of filingof said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force In the City of Kalispell and shall be entitled o the same privileges and benefits as are other parts of thCity. SECTION 111. The tern'tory 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 SSE AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY of KALISPELL,, THIS 19TH DAY of JUN., Zoo . ATTEST Theresa White City Clerk Pamela B. Kennedy Mayor City of Kalispell Planning Department Street East, Suite 211. Kalispell, Montana 5990 Telephone: (406) 75 1 - 1850 .fax: (406) 75- 1 8 5 8 Webs te* kafispellplanning,com May 31, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re. Eisinger Properties, ITC and Lyle and Joanne Davis - Annexation and Initial Zoning of -2 , General Commercial Dear aim: .e Ka ispel. City Planning Board reset on May 9, 2006 and held a public hearing to consider a. request for an initial zoning designation of - 2 , General Commercial, o approximately 15.4 acres. The properties are located at 2545 and 2563 Highway 93 North, at the northeast corner of the intersection of Highway 93 and West Reserve Drive, located within Section 30, Township 29 North, Range 21. West, Flathead County, Montana, Seams. Conrad of the Kalispell Planning Department presented staff report KA-o -o3 evaluating the proposed zoning. Staff recommended initial zoning of City -2, General Commercial, based on a proposed growth policy amendment for the two properties to Commercial. mercial. The project consultants spoke in favor of the proposal. There was no one else at the public hearing who wished to speak either M favor or in opposition of the proposal. After the public hearing and board discussion a motion was made and passed unanimously to forward a. recommendation that im al zoning for the two properties should be -2, Genera. Commercial, upon annexation. However, in order for the Council to act on the initial zoning recommendation the Council will first need to approve the requested grown policy amendment(KGPA06- 01) to change the land use designation on the two properties from Neighborhood Commercial and Suburban. Residential. to Commercial. 'lease schedule this matter for the June 19, 2006 regular city council meeting. You may contact this board or Scams. Conrad at the KalispeR PlanLning Department if you have any questions regarding this matter. Sincerely, Kalispell CityPlanning Boar. Timothy Norton Vice President TN/SC/ma Attachments: Staff report #KA-06- 3 and application materials Minutes of the 5/9/06 planning b.r meeting w/ Att: Theresa White, Kahspell City Clerk r/o Att: Eisi.gr Properties, LLC 1000 West Idaho Kalispell, MT 59901 Lyle and. Joanne Davis 2563 Highway 93 Now Kalispell, MT 59901 Schwarz Architecture and gi r , Inc. 1000 Financial Dave, suite 120 Kalispell, MT 59901 ESINGE AVIS REQUEST FOR INITUL ZONING OF B-2 UPON ANNEXATION MkLISPELL PLANNING DEPARTMENT STAFF REPORT #KA-06-03 "REL 19, 2006 report to the KalispeR City Plannmg Beard and the KaRspell City Council regarding the fn .t al zoning of B-2 upon annexation to the city on property located on the northern end of KaRspell 'along Highway 93. A public hecqn'ng has been scheduled before the p1a g board for May 9, 2006, beginning at : o PM the Kalispell City Council Chambers. The p anrdng board wiH forward a. recommendation to the Kahspell City~ Council for fmal action. BACKGROUND 1"ORKATION This report evaluates the appropriate assignment of a. City zoning classification in accordance with Section 27. 3.01 of the KaUspell Zoning Ordinance. The property owners have petitioned for annexation andMnitial zon �ng classification o -2, General Commercial. Two proper es are included M* the irdtia . zoning and annexation request. One is a vacant piece of land and the other contains a sm*gle-family residence and accessory buildings, with a large grass field in the eastern portion. The property owners are requesting city water and sewer services �r order to accommodate the construction and operation of a new auto dealership. The City requires annexation when it grants connections to City utilities. The vacant property is located at the northeast corner of the intersection of West Reserve Thrive and Highway 3. This property is currently zoned County -2. The other property is located approm'mately 750 feet north of the West Reserve and Highway 93 intersection. This property is developed with a single family residence with several out buildings and is zoned County R -1.. The properties wiH be annexed under the provisions f Sections 7 -2 -460 1 through -2 -46 10, M.C. A., Annexation y Petition. Petitioner and wnE .singer Properties, LLC 1000 West Idaho Kalispell, MT 59901 (406) 7-5555 Lyle and. Joanne Davis 2563 ighway 93 North KafispeH, MT 59901 (406) 52-335 Technical Assistance; Schwarz Architecture and Engineefing, Inc. 1000 Financial Drive, Suite 120 Kalispell, MT 59901 (406) 55-1333 B. Location and Legal Description of Propel: The properties proposed for annexation are situated on the northeast corner of the intersection of West Reserve Drive and Highway 93. The property addresses are 2545 and 2563 Highway 93 Forth and can be described as Assessors 'tracts 41 and 4C located in the SW1/4 of Section 30, Township 29 North., Range 21 West, P.M.M., Flathead County, Montana. C. IMsting zoning: The properties are currently in the County zoning jurisdiction. and are zoned County -2 and County R -1. The County -2 district is a business district intended to provide for those retail sales and service functions and operations that are typically characterized by outdoor display, storage, and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities. This district is very similar to the City -2 district. The County R -1, Suburban Residential, district is intended to provide estate -type development. These areas would nornally be located in rural areas away from concentrated urban development, typically not served by grater or surer services, or m areas where it is desirable to permit only low -density development. D. Proposed Zoning: City --2, General. Commercial, has been proposed for the two properties; The -2 zoning i. tr .ct is Mter ded to provide an area for rem sales and service functions and usm esses whose operations are t pica .y characterized by outdoor display, storage and/or sale of merchandise. This district depends on the roN ty to major streets and arterials and should be located in business corridors or in islands. E. Size: The area proposed for annexation and zoning cons approximately 1. . acres. `* Mdsting Land : Currently the property at the northeast corer of the intersection of west reserve Drive and Highway 93 is vacant. 'The other propel just to the north includes a single family residence with several out buildings. G. Adjacent Land Uses and Zoning: The ir=edi.ate area is made up of various land uses including residential and commercial. North: Single-family ily home; County R- I East: Sffllwa.ter River Church, County R- l South.: Service Station, city -2 west: Residential apartments, county RA- H* Genet Land Use Character: The properties are in a named use area generally c .ara.ct rued as commercial but with residential land uses to the now and west. Highway 93 is located along the western boundary of the properties with. West Reserve Drive located along the southerxx boundary of ,assessors "tract 41. This area is at the northem end of a commercial corridor extending from the area of the community college located south of the site approximately /4 of a. mile north to west Reserve Drive. Large box retail stores and smaller specialty stores occupy two large commercial centers on both the east and west sines of Highway 2 93 with a third commercial already give preliminary plat approval on the east sale of Highway 93. 1. AvailabiRty of PubUc Services and Mdension of Services: Public services, mcludmg water and sewer are currently within Soo feet of the site. The owners have already approached the City on extending these services. ]EVALUATION BASED ON STATUTORY C I 'ERJA The statutory basis for reviewing a charge l zoningis set fob by -2- o5, M.C.A. Findings of fact for the zone charge request. are discussed relative e to the itemized criteria described by ` -2-2o3, M.C.A. 1. Does the requested zone corm l with the Master Plan? The Pro er des are designated by the Kalispell Groff Pohcy 2020 as Neighborhood orhood Commercial and Suburban. Residential, the 10. 1 acre Property described as Assessors Tract l owned y E siner Properties, �, and Suburban Residential, the 5.3 acre property described as Assessors Tract 4C and owned by Lyle and Joanne Davis. Chapter 3, Policy 10 of the Kals ell Groff Policy 2020 states that the Suburban Residential designation is intended for rural neighborhoods orhoods with the primary land use of single fait y residence with a density of two to four dwell. s per gross acre. Chapter 4, Policy 2 of the Kalispell Growth Policy 2020 states that Neighborhood Commercial designation is intended to provide for uses which provide convenient goods and services that address the daily needs of the innned ate area. The proposed. T2 zoning is not consistent with either or the existing land use designations however proposed zoning is consistent with the commercial land use designation. The property owners have requested a Growth.. Policy Amendment t to change the land use designation on the two properties to Commercial M conjunction with the proposed initial on g request. If the proposed. Growth Policy Amendment is approved then the proposed - 2 zon g could be consistent With the Kalis eH Growth Policy. 2. Is the re ested zone designed to lessen congestion M the streets? Section 27.14.010 of the Kalispell Zoning Ordinance states that the -2 district depends on the roxi.rm'ty to major sheets and arterials. The -2 district should also be located M business corridors or in islands. The location of the project site is situated at the northem end of a business corridor along Highway 3 South. The - 2 zoning district permits a wide range of uses including but not limited to hotels, restaurants, auto sales and auto repair, and su ennarkets among other uses. The majority of uses permitted or conditionally permitted within the -2 zorung district are automobile intensive. e. With Highway 93 and West Reserve Drive providing access to the project site, congestion in the surrounding n streets will be lessened as the highway and 'Vest Reserve Drive e 3 would be capable of adequately serving additional traffic generated within a. business zo n district. 3. Will the requested zone secure safatyfrom hire anic and other dan ers Adequate access and fire suppression would be available to the site in the case of are. emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in comp ance with the building codes of the City which relate to fire and building safety. urcipaf services including police service, ire protection, and water and sewer service are available or would be extended to the property. . WiH the requested zone promote -the health and, eneral welfare? The requested zoning classification will promote the health and general welfare y restricting lard uses to those which would be compatible with. the adj oi� properties and provides a place for new commercial business to locate witl-drY city flmits. 5. Will the requested zone provide for ade uate l t and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate fist and air is provided. . Will the requested zone prevent the overcro � of land The minimum lot size for the proposed -2 zoning on this property is 7,000 square feet. The potential development associated with this property would be limited only by the development standards associated with the -2 zoning district that relate to lot coverage and the types of uses pe=itted under the zoning. The proposed commercial development in this area is appropriate because of its location and the availability ty of urban services. The rezoning of this land would not create an overcrowding of land. . Will the requested zone avoid undue concentration of people? Minirr um lot standards and use standards will avoid the undue concentration of people if the property is further developed. . Will the reguested zone facilitate the ade uate rovlsion of trans ortatior water, sewerage., schools, and other public requirements? AR public semces and fae ities wffl be provided to the property prier to commercial construction. Development should be encouraged in areas where these services are available. . Does the requested zone give consideration to the particular suita ili of the proerty, forparticular uses? 4 The proposed -2 zoning district is consistent with the surrounding land. uses in the area and gives due consideration of the suitability of this propel for the permitted. uses in the district. 10. Does the - jested. zone 'reasonable eons'd.eration to the character of the district? The property is located adjacent to Highway 93 and commercial zoning is located immediately south of the site. The proposal is consistent with the character o the district. Will the Droposed zone conserve the value of build*n s Value of the buildings in the area will be conserved because the -2 zoning will promote compatible and like uses on this property as are found on other properties Mn the area, 2. Will the requested zone eneo ra e the most a ro rlato use of the land thro o f the mum* c a Commerci,ed development should be encouraged in areas were servos and fatties are available to support ommercial uses which would be allowed under the B-2 zoning district. The proposed zoning and subsequent uses would be or.s tent 'th the surrounding land uses l the area. RECOMMENDATION: Staff recommends that the Kalispell City Planning n Beard and Zoning Commission adopt Staff Report KA - -- 3 as fmdings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be -2, General Commercial. 5 City of Kalispell Planning Department 17 - 2ndStreet fit, Suite 211, Kalispell, Montana 59901 Telephone: 06751-1850 a:751-1858 PETITION FOR ANNEXATION AND INITIA1 ZONING NAME OF APPLICANT- CITY/STATE/ZIP. K a i l Montana PHONE: 406.752.3356 INTEREST IN PROPERTY: Other Parties of Interest to be Notified: PARTIES OF INTEREST: Schwarz Architecture & Enqineeringf Inc. MIL ADDRESS: ...... ......... '.....n-ancial Drive, Suite 120 C Y S ` `E/ZIP: KaliKalis2ell PHONE.- 406.755.1333 INTEREST IN PROPERTY-.. Rpaimaer of record PLEASE COMPLETE THE FOLLOWING: Address of the proper: 2563 Highway 93 North, , Kalispell Legal Description: Gov. Lot 4. Section o (Lot and Block of Subdivision; Tract Township 2N, Range 2W (Section, Township, Range) {Attach metes and bounds as Exhibit A} Land in project (ac) The present zoning of the above property is: The proposed zoning; of the above property is State the changed or changing conditions that make the proposed amendment necessary: The planned construction -of a new automobile is n the site with the intention of connecting to city utilities pr c 'd the try extend existing it hies r iq�g'd as currently planned by the City of Kalispell. 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 ding the annexation process. pplicant} (Date) I etur 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 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 be provided to the property described herein on substantially the same basis and in the sate manner as such services are provided or made available to other properties Within the rest of the municipality. Petitioner(s) hereby state that here is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-46 lo, 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 I I ey Rural Fire District under the provisions of Section. � � � , Montana Code rotated; and that incorporated rporated into this Petition to Annex is the Noce requirement pursuant to said Section; and that upon proper adoption of are ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall b detracted from said district. n 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 allowPetitioner(s) connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA -2 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. P ' ' er/Owner k llat ,,o Petit' ner/Owner Date NOTE: You must attach an Exhibit A that provides a bona Me legal description of the property to be annexed. 2 STATE F M NT NA ss County of Flathead County On this day of before rye, the undersigned, a Notary Public for the State o Mom appeared -- \2s,-------------- ---known to me to e t �� ' ,* is subscribed to the foregoing instrument and acknowledged to rye that ,. t fN WITS kV� *&Ur year ire ti erreatSore#w. 4-1 **## **# ♦♦#sail* �• OF A STATE OF MNN ss County of Flathead County to set my hand and affixed my Notary Seal the day and Nab Public, State of Montana Residing at '�\ ibly Commission. expires: On this _�� -d of �� _�I before me, he undersigned, Notes Public for the State of Montana, y # red err to e to e the ers ,* � * * �eri d to tl foregoing instru me t a.ud acknowledged to me that he/she e e d the sane. '•. s I WITNESS W *et my hand and affixed mar Notary Seal the day and i year in this 1. t V-fir t SZA16ritted. r oar Public, ta}pMontana tana Oir *1� Residing at--- FiF� � tiS# My CommXssion e fires+,, +k STATE OF MONTANA s County of Flathead On this day of before me, the undersigned, a Notary Public for The Mate of Montana, personally appeared and the , and respectively, o 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 Witten. Notary Public, Mate of Montana Residing at My Commission expires 9 Cl"ty of Kalispell Planning Department 17 - 2d Street .fast, Suite 211, Kalispell, Monti 59901 Fax: 06751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING NATME OF APPLICANT- MA.I. , ADDRESS: ESS: 1000 West Idaho, Kalispell C Y/STAT /ZIP: i e l PHONE:.__ 4 Other Parties of Interest to be Notified: PARTIES OFINTEREST- Schwarz ArchitectureEngineering, Inc. MAIL ADDRESS: 100 Financial Drive, Suite 120 CITY/STATE/ZIP- e 1 MT 599Q1 PHONE: 4 o 6. 7 5 5_., 1 INTER-ESTINPROPERTY:-Architect and Engineerrecord PLEASE COMPLETE THEFOLLOWING: Address of the property: 2545 Highwa.yNorth Legal Description: (Lot and Block of Subdivision; Tract SW I e t ors Town e 1 W (Section, Township, Range) (attach metes and bounds as Exhibit A. Land in project a 10. 10 Acre The present zoning of the above property is: The proposed zoning of the above property is: State the charged or changing conditions that make the proposed amendment necessary: The planned construction of a new automobile dealership on the site with the intention of connecti.ng.tot utilities p ovidesthe opportunity to extend existing utilities northward as currently planned by the City of Kalispell, 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 Flaming staff o be present on the property for routine inspection during the vexation process. y (Appi et (Date) Retm to: Theresa White Kalispell City Clerk P.O. Box 1997 Kafiseli, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to asPetitioner(s) respectfidly petition the City Council o the City of Kalispell for annexation of the real property described below into the City o Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described lrr 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 propel 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. Petitioners hereby state that here is no need to prepare a Municipal vexation Service Plan for this annexation pursuant to Section - 10, M-C . since the parties are in agreement as to the provision of mum'cipal services to the propel requested to be annexed. ThePetitioner(s) frther 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 hex is the Notice re ui.rernent 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, thePetitioner(s) farther agree(s) that this covenant shah gun to, with, and he binding upon dae 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 Kalisell. This City hereby agrees to allow Petitioner o connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA. 7-2-4736 prohibitsthe city from providing; solid waste services to this property for a minimum of 5 years from date of annexation. Petitioner/Owner Bate Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed* 2 STATE OF MONTANA ss County of Flathead County h. t day o , before me, the undersigned, a Notary Publicfor the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing mstr r ent and acknowledged to me that he/she executed��rr \ CARP iz ;' WITNESS WHE�•'ac"Na t my hand and affixed my Notary Seal the day and year in this certi ca Wt above written."'*', m 0 F # iota tic State o Montana Re s d1 1 LL , K � ' F",.•`'# My Commission expires: �.. rf{ r+ 1.► F P STATE OF M N AN ;M;P� s County of Flathead County n this day o 1111 before axe, the undersigned, a Notary Public for the State of Montana, personally appeared I known to me to be the person whose name is subscribed to the Foregoing instrument and acknowledged to me thathe/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Scat the day and year in this certificate first above wntt n. Notary Public, State of Montana Residing at My Commission expires: STATE OF MONTANA s County of Flathead On this day of a before me, the undersigned, a Notary Public for The Mate of Montana, personally appeared and , the , and respectively, of the corporation that executed the Foregoing instrment, 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 hard 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 3 `iCO 10 NTY oil ift w i i� • i i B �' �' � 1 COUN,TY SAG - 'I o VICINITY MAP scams i" = 400' EISINGER PROPERTIES, LLC/LYLE & JOANNE DAVIS REQUEST FOR ANNEXATION & INITIAL ZONING OF B-2 (GENERAL BUSINESS) FROM COUNTRY B-2 (GENERAL BUSINESS) & R-1 (SUBURBAN RESIDENTIAL) FILED CONCURRENTLY WITH GROWTH POLICY AMENDMENT raoa DAM e/ie/oe FILE# KA-06 -03 _ x:�.e��a�kaoe_o3.d..g 25 —7 � Q111 12 Tx 29 38 9 x 2U I �T o 4 J_ L 11 1.- - - q:a=mm .— @9,x2g 41 @ 10'x 20' V11 I 16@Vx20' 4 @ 10'x 29 x 1z GH-11 17 @ 10'x 20' 15 @ 19 x W C�4 ZD @ ------ 4 In— k 2 @ 19 x 29 on ----------- ... 4B TOTAL 9 x 20 SPACES = 163 TOTAL 10 x 20 SPACES = 334 TOTAL DISPLAY ISLAND SPACES = 15 20 49 9'x 29 SITE PLAN W RESERVE DR SCALE f - 00' CERTIFICATION APPLICANT: Eisinger Motors FILE N ►A- 6- 3 & KGPA-06-01 I, the undersigned certify that I did this date mail via First Class Mail a copy of the recce to the following list of landovmes 'ca► the property lines of the property that is requesting annexation and a growth policy amendment. ........... ................. Date: q 0 � S-T-R: 3 -29-2 Lot/Tracts# 41 & 4C Property owner/Mail Address: Eisinger Properties, LLC 1000 West1daho Kalispell, MT 59901 Schwarz Architecture & g Inc. 100 Financial Drive, Ste 120 dellMT 591 Lyle & Joanne Davis 2563 Highway 93 North �seR MT 59901 AND ATTACHED LIST Elsi. cr Properties, LLC Schwarz Architecture & E g, Inc. Lyle & Joarme Davis 000 West Idaho 100 F a cial Drive, Ste 120 2563 Highway 93 North Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, M` 59901 Inland western Kalispell Mtn view 2901 Butterfield Road Oak Brook, IL 60523 Stillwater Corporation 155-7 th Avenue West Kalispell, MT 59901 Mark & Angela Rhodes 2490 US Highway 93 N Kalispell, MT 59901 David & Karle Filler P.O. Box 9305 Kalispell, M -23 05 HD Development Maryland!, Inc. MG S F art Hers hip AD% Home Depot USA, Inc. P.O. Box 3356 2455 Paces Ferrer Road NW Atlanta.,G30339 Missoula, MT � 0 H Properties, LP P.O. Box 6200 Coeur d'Alene, ID 3 1 David & Ka lc Filler 2577 US Highway 93 N Kalispell, MT 59901 NC 2250 US Highway 93 N Kalispell, MT 59901 State of Montana Riverside Alliance ChurchDelores Stroh Comp. Specialist Dept. Highways 859 W Reserve Drive DOR, Liquor L ccnsm 2701 Prospect Avenue Kalispell, ell M 5 01 .0. fox 1712 Helena, M 01 Helena., MT 59604-1712 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION May 9, 2006 The regular meeting of the Kalispell City Planning Board. and Zoning commission is scheduled. for Tuesday, May 9, 2006 b e linn n in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will .old 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 dal action. 1, A request from. The `rinit r Lutheran Church for a conditional use permit to allow a youth center to be placed on the church complex site. The property is zoned (Urban. Single Family Residential) which requires churches and accessory buildings to obtain a. conditional use perinit prior to construction and operation. The property proposed for the youth center is located. along Third. Avenue WN apprmdmately 250 feet south of the intersection of Third Avenue WN and West California Street. The property address is 452 Third Avenue WN, The site can be described as Assessors Tract -Y and. 8-3 in Section ' , Township 28 North., range 21 vest, Flathead County, Montana. 2. A request from Flathead High School District 5 for a conditional use pest to allow final.l design and construction of a new 12,400 square foot student commons/food court addition to the high school. Flathead High School is located at 644 4th Ave. Nest. The high school occupies four city blocks between 4th Ave. west and 5a, Ave. West- The property is 7.7 acres In size can be described as Lots 1-12 Block 91, Lots 7- 12 Block 92, Lots 7-12 Block 109 and. rots 1-12 Block 110 of Kalispell Original Townslte located. within Section 18, Township 28 North, Range 21 West, Flathead County, Montana. 3. A request from KVC Development to lease a 2.9 acre parcel from the Department of Natural resources and Conversation in order to construct a Holiday inn Express. The proposed hotel would include three stories, accommodating 104 rooms, with a total building footprint of 22,435 square feet* The proposed lease site is northwest of the existing Lowe's building located at 2360 Highway 93 in Section 36, Township 29 Norte, Range 22 West, Flathead County, Montana. The area of the lease site is zoned -5 / UD (Industrial -Commercial/ Planned Unit Development). . A request from . Eisin er Properties, LLC and Lyle and Joanne Davis for a growth policy amendment, petition for annexation and initial zoning on two properties totaling 15. acres, The property owners are requesting to amend the growth policy designation o the properties from Neighborhood. Commercial and Suburban. Residential to Commercial. The owners have also submitted a. petition to annex into the city of Kalispell and have requested -2 (GeneralCommercial) zoning for each of the properties. The properties are located at 2545 and 2563 Highway 93 Norte, at the northeast corner of the intersection of Highway 93 and West reserve Drive, located within Section 30, Township 29 North, Range 21 West, Flathead County, Montana. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning e artme .t, 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 hean'ng and make their viers and concerns known to the Board. Written comments its may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may contact Sean Conrad, Senior Planner at (406) 751-1850 or e-mail him at sco r . l(ii k is ] .for for additional .al information. . } FAN Y. Thomas R. Jentz I _ ln" ning Director PUBLISH: Legal Notices Day Inter Lake Sunday, April 23, 2006 L : Kalispell Planning e artn 17 Second Street East, Suite 211 Kalispell MT 59901 ,dote: This office is acting as an agency of the City of Kalispell and should be billed at the City'contract a + o. 1 col 3. A request from KVC Development to lease a p{.J� PUBLIC2. NOTICE acre parcel from he � 2 -s d E E«Ar I N G Department f Natural ALI P LL CITY Resources and onver- KA I '4 BOARD P cation inOrderto con - AND ZONING struct a Holiday Inn Ex- COMMISSICN press. The proposed May 9, 2006 hotel would include three stories, accorno- The regular meeting of dating 104 rooms, with the Kalispell City Plan- atotal building footprint ning Board and Zoning of22,435square feet, Commission sche9 The proposed lease site � for Tuesdays day inorthwest of the ert- 9� beginning� ing �..,owe's building lo- :o PM� the Kalispell.; abed tI�-*iigh�fa lljl Council Chambers, /��3 w7 in�.+��r� Tip T4�t�" Kalispell pity a��, � ship North, age 2 First Avenue fast, - West,Flathead County, `yy l i s ey�{l l . planningr� 1 � � arr� a . a o�-� eis .py rz [+�;{ p`'� will board k%Yill kJlk+l C:i p£�lfL.+ hold �r#e � he ��G��i �i��r F 4,��iL2 hearing hearing and take public -P J (Industrial- on the follow- ommercialiPlanned ing agenda items. The Unit Development), Board will make a reo- o en Gabon to the � a` request from �` iispeli City Council who singer Properties. LL will' take final action. and Lyle and Joanne 1. A request from The Trinity Lutheran Church for a conditional use permit to allow a youth outer to be placed on the church complex site. The property is zoned R- (Urban SingleFami- ly Residential) which re- quires churches and ac- cessory buildings to ob- tain a conditional use permit prior to construc- tion and operation. The property proposed for -the youth center is lo- cated along Third Ave- nue WN approximately 250 feet south of the in- tersection of Third Ave- nue WN and West Cali- fornia. Street, The prop- erty address is 452 Third Avenue WN. The site can be described as Assessor's Tract 8- and -3 in Section 7# Townshio 28 North, Range 21 West, lat- h d A A Davis for a growth poli- cy amendment, petition for annexation and initial ,coning on two proper- ties totaling 15.4 acres. The property owners are requesting to amend the growth policy desig- nation on the properties from Neighborhood Commercial andSubur- ban Residential toCom- mercial., The owners have also submitted a petition to annex Into the City of Kalispell and have requested -2 {GeneralCommercial) zoning for each of the properties. The proper- ties are located at 2545 and 2563 Highway 93 North, at the northeast corner of the intersec- tion of Highway ray 3 and West Reserve Drive; lo- cated within Section 30, Township 29 North, Mange 21 West, Flat- head County, Montana. ea punt ontana. Documents pertaining 2. A request from Flat- to the agenda items are head High School Dis- on file for public inspec- trict t75 for a conditional tion at the Kalispell use permit to allow final Planning Department, design and construction 17 Second Street East, of new square Suite 211, Kalispell, MT 59901, and are availa- footstuden� ble for public revises commons/food court ad <ition to the high school. daring regular office hours. Flathead High chooi is :a%- .t --it 644 4th A - Interested persons ire West.- i-,e high scncot encouraged to attend occupies Tour city blocks she hearing and snake -ietween 4th Ave. West their views and car - �.�nc� nth i� nest. The darns Known to :fie . ro art 7.7 acres €n Board. Written core - size can be described ments may be submit - as sots 1-12 Block 91 a ted to the Kalispell Plan - Lots 7- 1 2 Block 92, Lots �`- 1Block � 0 and Lots nig Department at the -1Bloc � 1 0 of I'aiis- above address? prior to cell original To�vnsite the date of the hearing located within section or you rr�a contact 1 , Township 2 North, dean Conrad, senior c �'a :-�-ka Planner at 4 ) 1- �ead Uounty, Montana. f850 or e-mail him at conrad @ kalisoell.corn ror additional Informa- tion. STATE M NTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CRS SC�I14EISS BEING DULY SWORN!, DEPOSES AND SAYS , THAT SHE IS THE LEGAL CLERK OF THE DAILY Y INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, STD AND PUBLISHEDDT THE CITY OF KALISPELL,, IN' THE COUNTY OF FLATHEAD, STATE ONT NA, AND THAT NO. 10501 .LEGAL A VE TISMENT -'ETAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF APR 23� 2006 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED T4 ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR.,THE SAME NUMBER OF INSERTIONS. L ebed and sworn to Before me this APR 24, 2 0 0 6-.... . OP Notary Public for the State of Montana Residing in Kalispell My Commission expires _9/1 1 9 -r P.!annilngJrect or..