2. Resolution 5095 - Annexation Request - DMK DevelopmentREPORT TO
FROM:
SUBJECT:
City of Kalispell
Planning Department
nd Sty East Suite 211, Kalispell, Montana 9901
Telephone: (406) 5 - 5o
Fax: (406) 751-1858
We s te: ka. s.peannM' g.00M
Kahs eff Mayor and City Council
Thomas R. Jentz, Director
James H. Patrick, City Manager
MK Development - Annexation and Initial Zoe of -2 Single
Family Residential, 1125 S nnysi e Drive
MIEETENG DATE: March 6, 200
ACKGR UNO This is a request by DMK Development for annexation are.d an initial
zoning designation of -2, Single Family Residential, tial, on approximately 2. 2 acres. The
property is locate. at 112 5 Sunnys de re just merest of Ashley Drive. It is the intent
of the property owner to subdivide the property into 3-4 single family lots including
the existing .ome.
The Kalispell City Planning Board reset on February 14, 2006 and held a. pubhe .ear g
to consider the request. Staff evaluated the proposed zoning and recommended initial
orung of City - 2 , Single Family Residential, based on the s .r oundm* g city zoning
and the Kalispell Groff Policy.
The owner Mary Kruse and n*n Burton of Jackola Engineering otf spoke in favor o
the Proposal and indicated the owner's desire to maintain the single family character
of the neighborhood. 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 initial zoning for this property should e R-2 , Shingle Family Residential, upon
arrrmexation.
RECOMMENDATION: A motion to approve the resolution annexing the property are.
a motion on to approve the first reading; ofthe ordinance for � .al zoning would be in
order.
FISCAL EFFECTS: Positive impacts once fly developed.
ALTERNATIVES: As suggested by the City Council.
M K Development Annemtion
February 28, 2006
Paget
Rst`y srmt,
Thomas R. Jentz
Director
Reportcompiled: February 28, 2006
Attachments: eats: Cost of Services Report
Theresa White, Kahs Cif Clerk
..y
50'ames H, Patrick
City Manager
Return to:
Theresa White
Kalispell City Clerk
o Box 1997
Kalispell, MT 59903
RESOLUTION No. 5095
,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 "EXHIBIT A" LOCATED
IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, .M.M,, FLATHEAD
COUNTY, MONT NA, TO BE KNOWN AS DMK ADDITION NO. 7, TO ZONE SAID
PROPERTY IN ACCORDANCE WITH THE I ALISFELL ZONING ORDINANCE, AND
TO FLARE AN EFFECTIVE DATE,
WHEREAS, the City of Kalispell .as received a petition from Donald and Mary Kruse, the owners
of property located on the :north side of Sunnyside Drive, west and south. of Ashley
Drive, requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the Kruse's Annexation
Request, KA-o -1, dated January 31, Zoo , and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R - , Single Family Residential, on approximately 2.82 acres
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 I. That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as DMK Addition No. 378.
SECTION 11. Upon the effective date of this Resolution, the City Clerk is directed
o 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 after the date of filing of 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 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 111. The territory annexed y 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 F KAI SPEL , THIS � MARCH �I , � .
ATTEST:
Theresa White
City Clerk
Pamela B. Tenney
Mayor
EXHIBIT "A
A TRACT of LAND LOCATED IN THE SOUTH HALF of THE SOUTHWEST QUARTER
OF SECTION 18, TOWNSHIP 28 NORTH RANGE 21 WEST, PRILNCIPAL MERIDIAN,
I,AN,
M NT.ANA,, FLATHEAD COUNTY, MONTANA. AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER of LOT 6 OF SUNNY SIDE PARK
SUBDIVISION WHICH IS ON FILE WITH THE FLATHEAD E.A COUNTY CLERK ,AN
RECORDER'S OFFICE AND WHICH I .E T LIES ON THE SOUTH BOUNDARY SAID
SOUTHWEST QUARTER. OF SECTION' I 8 AND WHICH POINT IS THE TRUE POST OF
BEGINNING;
THENCE 000 'E, ON AND ALONG THE WEST BOUNDARY OF SAID LOT 6, A
DISTANCE OF 307.0 FEET TO A POINT AND WHICH POINT IS THE NORTHWEST
CORNER OF SAID LOT 6; THENCE CONTINUING No 0 'E, A DISTANCE OF 40-03
FEET TO .A POINT AND WHICH POINT IS THE SOUTHWEST CORNER P LOT 13 OF
SAID SUNNW SIDE PARK SUBDIVISION; THENCE N° "E, ON AND ALONG THE
SOUTH BOUNDARY OF SAID LOT 13, A DISTANCE OF 314.5 FEES' TO A POINT AN
WHICH POINT" IS THE SOUTHEAST CORNER OF SAID LOT 13; THENCE CONTINUING
N8° " , A. DISTANCE OF 40.03 FEET TO A POINT; THENCE S ' 'W, A DISTANCE
OF 7.0 FEET TO A POINT AND WHICH POINT IS THE NORTHWESTCOLTER OF LOT
OF SAID SUNNY SIDE PARS SUBDIVISION; THENCE CONTINUING S 'W, ON AN
ALONG THE WEST BOUNDARY OF SAID LOT 5, A DISTANCE OF 300.0 PEES' TO A
POINT .AND WHICH POINT IS THE SOUTHWEST CORNER OF SAID LOT ; THENCE
CONTINUING S 'W, A DISTANCE OF 40.03 PEST TO A POINT AND WHICH POINT
LIES ON SAID SOUTH BOUNDARY OF THE SOUTHWEST QUARTER; THENCE
S ° ' W, ON AND ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 354.53 FEET
O THE TRUE POINT OF BEGINNING.
THIS TRACT CONTAINS 2.82 ACRES AND SUBJECT TO .AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD. .
KA- 1
MK Annexation
Cast of Services Analysis (Residential)
Once annexed to the City, full City services wi 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 Ka s eR's Design and Construction standards
and any other development policies, regulations or ordinances that may apply. Note that
water- and sewer- are available at Sunnysid e Drive adjacent to the site and would be
extended to the property at the time the applicant proposes a future subdivision. n. At
present jut the existing single family borne on 2.82 acres would be assessed.
Number er of DweUjRg.Units proposed to be annexed
I single family houses
Estimated Increase in Population: (lased on US Census Figure of 2.2 per household
2
Cast of SeMces
Per capita costs
• Fire: $68.84 per person per year.
Additional costs to the fire department 2 x 68.84 138
• o .ce. $110 per resident per year.
Additional costs to the police department 2 x 1 o.0 $ 220
Administration: $39.48.
Additional east to administration
2 x 39.48
• Solid Waste
Additional cost to solid waste
(none for five years)
$
o
Lineal Feet Costs:(Lineal feet - No new roads, sewer or grater mains
Roads} $1.14 per lineal foot
Additional cost ire road maintenance
o x 1.1
$
o
• water: $3.44 per lineal foot
Additional cost in grater- l c maintenance
o x 3.44
$
o
& Sewer, $ . o per lineal foot
Additional cast ire sewer ma ntenance
o X 5.50
$
o
'Storm sewer maintenance costs:
Average Square foot per lot - 1 2 2 , (2.82 acres)
This is capped at 1/2 a.c.
I
• No. of units x square foot x o.00 01
'dotal AnticiRated Cost of Sys*
Anticipated Revenue Generated
1 x 21,780 x $0.004018 = $ 87
Assessments based o are foota
Average square foot per l capped at 1 2 acre
524
• Storm sewer assessment $0.004018 per square foot
Revenue from st.o= sewer assessments 1 x 21,780 x $0.004018
• Street maintenance assessment $0.0101 per square foot
Revenue from street maintenance assessments l x 21,780 x $0.0101 $ 220
Urban forestry assessment $0.00135 per square foot
Revenue from urban forestry assessments 2 x 21, 00 x $0.00135 150
SpecialAssessments: There are no special. assessments. o
General revenge:
• Assessed value per property: $ 300,000house
Total assessed value: 1 x 300,000 = $ 300,000
Total taxable: 300,000 x 0.035 3 = $ 10,629
Total additional general revenue based l on 170 mfli levy:
$10,629x o.1 o
Total Revenue Generated to the City
NET ADDITIONAL ANINUAL REVENUE TO THE CITY:
$ l,$07
$29264
1 740
NOTE: This �r� forr ation is based upon assumptions regarding building valuations and
gees not take into consideration thebuild-out time or charges in methods of assessment
are.d estimated costs associated with services. This information can only be used as a
general estimate of the anticipated cost of services and revenue.
TRANSMITTALS KA-1 DMK COSTOFSVCS
2
Cl*ty of Kali* spell
Planning Department
'd 17Street East, Suite 11..Kal*ell, Montana 59901
Telephone: (406) 5 -1 5
Fax: 06751-1858
Wes.te: kalispellplanning.com
February 28, 200
James H. Patrick, City Manager
City of KalseH
P.O. Box 1997
Kal s ell , MT 59903
e: . MK Development - Annexation and. lw*tial Zoe R -2 single Family
Residential, 1125 s r yside Drive
Dear Jiro:
The Kalispell City Planning Board met on February 14, 2006 and held a pubhc hearing
to consider a request for annexation and an initial zoning designation o -2, single
Family Residential, on a ro 'ma.tely 2. s2 acres. The property is located at 1125
Srnyside Drive just west of Ashley ,give. It is the intent of the property, owner t
subdivide the propel into 3-4 single family lots including the existing home, and
connect the lots to city services.
Tom Jentz of the l ahs ell Planning Department presented staff report KA}o -o 1.
evaluating the proposed zoning. Staff reeonnnended im'tla . zorn'ng of City l - 2, Single
Family Residential, based on the surrounding city zoning and the Kalispell Growth
l ohc .
The owner Mary use and Jim Barton of Jackola Erg 1 ineering both spoke in Favor of
the proposal and indicated the owner*s desire to maintain the single family character
of the neighborhood. 'here was no one else at the public hearing who Wished to seal
either in 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 initial zoning for this propel should be RW 2 , Single Family Residential, upon
annexation.
Please schedule this matter for the March 6, 2006 regular city council meeting.
You may contact this board or Trim Jentz at the Kalispell Planning Department if you
have any questions regarding this matter.
MK Development Annexation
`may 28, 2006
Page
Sincerely,
Kahspell City Planning Board
TimothINo rs
Vice President
TN / ma
Attachments: Staff report KA- -1 and apphcation materials
Minutes of the 2 1 / 06 planru*. board meeting
W Att: Theresa White, Kalispell City Clerk
w/o Att: Donald & Mary use, DMK Development, 1125 SunnySunnyside Drive,
Kalispell, MT 59901
Jim Burton, Jackola En .. Wig, P.O. Box 1134, Kalispell, MT 59903-
1134
REQUEST FOR M'LkL ZONING OF R-2 UPON ANNEXATION
KALISPELL PLANWING DEPARTMENT
STAFF REPORT KA- -
report to the Kasen City Planning Board and. the Ka is ell City Council regarding
the initial zordn of R-2 upon annexation to the city on property M southwest Kalispell
at 1125 Sunnysid.e Drive. A public hearing has been scheduled before the planning
board for February 14, 200 e `g at :oo PM in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the Kalispell City
Count for fma.l action.
BACKGROUND INIFORMATION
This report evaluates the appropriate assignment of a City zoning classification M
accordance with Section 2 . o3. 010 of the Kalispell Zorn'ng Ordinance. The property
owner has petitioned annexation and initial zoning classification. of R-2, Single Family
Residential.
is 1.
The property includes one single -fly residence with several accessory buildings, with
a. large amount of opera space. The property owners are requesting city services with the
anticipation ata on of subrm'tting an application for a. minor subdivision in the near future,
likely consisting of four lots. The City requires annexation when it grants connections
or s
to City utilities. die property is in the County zorfing jurisdiction and is zoned County
R -1, a. Suburban Residentiai district. This property will be annexed under the
provisions of Sections 7-2-4601 dough 7-2-4610, M.C. ,, Annexation by Petition.
A. Petitioner and ovmrs: Donald & Mary Kruse
e
DMK Development
1125 Suryside Dr
KalispeH, MT 59901
(406) 250-1o
Technical Assistance: Jackola En eer .r g
P.O. Box 1134
Kalispell, MT 59903
(406) 55- 20
B. Location and Legal Description of Prop : The property proposed for
annexation is situated, on the north sick of Sunnysidc D 'ire, and immediately t
the west and south of Ashley Drive at 1125 Sunnyside Drive. It can be described
as Lot 6 of Sunnysid e 'ark Subdivision. located in Section 18, Township 28 Now,
Range 21 West, . M . M . , Flathead County, Montana.
C, fisting zoning: The property is currently in the County zoning jurisdiction and
is zoned R- I, Suburban Residential. The suburban residential district is intended
to serve areas located in rural areas array from concentrated urban development
t
and Mea ly not be served by water and sewer. It would also be found in locations
where iu'm'ted density would be encouraged such as in and add ace .t to the oo-
year flo plain or on steep slopes or in areas were estate type development is
anticipated.
D. Proposed Zoning: city RT2, Single -Family Residential, has been proposed for
the property. The R-2 zoning district is pru'narily a sffigfo-family residential
classification. The minimum lot size for the district is , o square feet and a
r jr=um lot width of 70 feet with setbacks of 20 feet in the front, tern feet in the
roar and ton feet on the sides.
E. Sam: The area proposed for annexation and oning contains appro�ate y 2.82
acres.
F. E2emting Land Use: Currently the property contains one si g .o-fey home, with
several accessory buildings.
G. Adjacent Land Uses and Zoning: The inunec ate area is characterized by single-
family homes (including townhouses, which are defined as attache single-family
dwellings).
North: Single- amUyhomes; County R- 1 zoning
East: Single-family homes- County R-- I zoning and City R-4 zoning
South: Single-family homes/ townhouses - count, R- 1 and City R-4 zoning.
West: Single-familyhomes; County R-1 zoning
H. General. Land Use Character: The area is characterize y single -fly homes,
with a number o single �.y residential subdivisions in the surrounding area,
some of which contain a number of townhouse parcels.
AvailabiRty of Public Services an 'pension of Services: Public services,
including gyrator and sewer are currently available to this site. Waiter and sewer
lines are in place across Sunnyside Drive in the Sunnyside Subdivision.
.EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for re'ow.ng a. change gezoning is set fort. by -2-205, M.C, ,
Findings of fact for the zone change request are discussed relative to the it rnized
criteria described by -2-203, M.C.A.
L noes the re jested zone comply with the Master Plan?
The property is designated y the Kalispefl Growth policy 2020 as "Urban
Residential" which is c efmcd as anticipating three to 12 dwellings per acre,
Because of the plans for the provision of pubhc seiner to the site, the proposed R-
2 zoning designation is in c r phance with the growth. policy. The R- 2 zoning has
a minimum lot size re .firer ent of 9,600 square feet, which would provide
densities of 4 units per acre on average.
2
2. is the r uested zone designed to lesser core estion in the streets?
No additional increase of traffic in the area will result from the inclusion of this
property into the City or the zoning of this property to R-2
and will not impact the functioning of the streets the area.. As part of any
potential future subdivision, the owners would need to take steps to help mitigate
any significant traffic impact.
3. Will the requested zone secure safe -om ire ar d other dam ers
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. New construction will be reed to be i
compliance with the building safety codes of the City which relate to fire and
budding safety. All municipal services including police service, ire protection,
and sewer are available to the property.
. 'Till the requested zoneror ote the health and e .eral welfare?
The requested zoning classification wiJI promote the health and general welfare
y restricting land uses to those which would be compatible with the ad on* -An
properties and provides a. place for new housing in the community.
5. Will the re nested zone provide for adequate light. and air?
Setback, , height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning ordinance to m- s .re adequate light and air
is provided..
. Will the re nested zone revent the overcrowding of, land?
s previously noted, this area has been anticipated for residential development
and has, in fact, developed in that manner. since public waiter and surer are
available to the area the urban lard use designation is appropriate. The
anticipated density enerally falls it .ire the proposed. R-2 zoning designation.
All public services and facilities wffl be available to serve this property.
7. Will the re .ested zone avoid undue concentration of eo le
min* =' u . lot standards and use standards as well as subdivision development
standards will avoid the undue concentration of people if the propertyis further
developed.
s. Will the re nested zone facilitate the adequate provision Of tran orta.tior neater,
sewerage, scools arks an d other public re uirerr eats
All public services and facilities are currently available or can he provided to the
property, Development should be encouraged in areas where these services are
available.
. Does the requested zone gLve consideration to the particular suita ihof the
propeKly for particular.usesP
The proposed -2 zoning district is consistent with the surrounding zo inand
.and uses in the area and gives due consideration of the suitability of this
propertyfor the permitted uses in the district.
10. Does the requested zone + e reasonable consideration to the character of the
district
The property is located in somewhat of a transitional area between urban sired
lots and larger suburban/rural sized lots. An R-2 zoning designation would
provide a. bier between the higher density areas to the south and east, and the
larger size lots to the north and west. The proposal is consistent with the
character of the district.
Will the -Pmposed zone conserve the value of bdir
Value of the buildings in the area will be conserved because the -2 zoning will
promote compatible and lke uses on this property as are found on other
properties in the area..
12. Will the re jested zone enco ra. e the most a - mate use o ird.
the la
throughout the Munici ali
Urban scale residential development should be encouraged in areas were services
and .facilities are available such as is being proposed on this parcel. The
proposed zoning is consistent with the growth policy and surrounding zoruffig in
the area..
:SIC COUNT RECEIVE:
The g Office received one letter in opposition to the zoning (see attached). The
objection was based primarily on traffic and roadway conditions. The objection ection s more
directly tied to a. potential s division of the property, rather than the zor� n
designation of the property per se. As discussed above, any necessary traffic r, itigat.on
measures will be addressed as part of the subdivision divisiox process.
RECMWE1' `:
Sty" recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report KA-o -1 as findings of fact and recommend to the KahspeU City Council
that the initial zoning for this property upon annexation e R-2 , Single Famaily
Residential.
Pis
REPORTS KAK.o -01 KR--. o
4
D ECEUVE
City of Kalispell JAN032006 p
Planning Department
RMNING DENUENT
17-2 d Street Fast, Suite 211, Kalispell, Montana 5) 01
Telephone: 40 1-1 o
Fax: (40
PETITION FOR ANNEXATION AND INITIAL, ZONING
ffla
NAME OF AI�PLICAivT: I�nr►o�� L � W f<h-uczC
r f
MAIL ADDRESS: as 5"n `.
CITY/STATE/ZIP:(tsof 00?-S"
INTEREST TN PROPERTY: oLA2n".A C'
Other Parties Interest to be Notified:
PARTIES of INTEREST:
MAIL ADDRESS: 1:3 �
CITY/STATE/ZIP:Ka6PHONE:-. S — 3� 0 b
INTEREST IN PROPERTY: n(A
PLEASE COMPLETE THE FOLLOWING. -
Address of the property: scvn.
Legal Description:
(L4t and Block of Subdivision; Tract
cc., /$ ._nZS Al
e ti n, Township, Range) (Attach metes and bounds as Exhibit A
Lard in project (ac)
The present zoning of the above property is: �1
The proposed zoning; of the above property is:
State the changed or changing conditions that make the proposed amendment necessary:
4.
'Sc 1 �� 0rvl" 4�, o CC& lk� /Z qznav f/
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and furthq grants approval for Kalispell Planning staff to be present on the
for ro ti 'nspe tlo d ri the annexation process.
'�D - k_--t 01 -.10 -1)
pliant
(D e)
Return to
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 5990'
PETITION TO ANNEX
AN
NOTICE OF WITHDRAWAL ROM 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 propel described below into the City of
Kalispell.
The etitlo er 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 creed to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7 -2-4 6 10, 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 an intent to have the property as herein described
withdrawn from the 5m A t I Rural Fire District under the provisions of Section
7-�� �- l27, Montana Code Annotate ; and that incorporated into this Petition to Annex i 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 b
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 . fitio. r sconnect d 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 propel for a minimum of 5 years fro ate of annexation.
Seri lat
Petition r/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description o
the property to be annexed.
STATE OF MONTAN .
x SS
County of Flathead County
441
On this C day of r.before me, the undersigned,, a Notary Public for
the State of Montana, personally appeared 4411• .4c67 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 WFIFNSS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expir s: /.2-.2,3-ot4oac-
STATE OF MONTANA
s
County of Flathead Count
On this day , before me the undersigned, a Notary Publie for
the State of Montana., personally appeared known
to rye 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, f have hereunto set ray hand and affixed my Notary Seal the day and
year in this certificate first above written. 5
1111111111111114
00,
Notary Public, State of Montana
Residing at
01
My Commission expires:. .,
S IP ATE OF MONTANA
SS
County ofFlathead
On this day of before me, the undersigned, a Notary Public for
The State of Montana, personally appeared � and
, the w and
respectively, of
the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and a knoM d ed to me that such corporation ratio executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certifleate first above written.
Notary Public. State of Montana
Residing at
My Commission expires
EXHIBIT A
Descn'ption for Annexation
A TRACT of LAND LOCATED IN THE SOUTH HALF of THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST,
ICI AL MERIT LkN, M INJA. A, FLATHEAD COUNTY, M N "ANA.. AND
MORE PARTICULARLY DESCIRBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 6 OF SUNNY SIDE
PARK SUB: FVI SI N WHICH IS ON FILE WITH THE FLATHEAD COUNTY
CLERK AND RECORDER'S OFFICE AND WHICH POWT LIES ON THE SOUTH
BOUNDARY OF SAID SOUTHWEST QUARTER OF SECTION 18 AND WHICH
POINT IS THE TRUE POINT OF BEGINNING -
THENCE N oc ' E4 ON .AND ALONG THE WEST BOUNDARY OF SAID LOT � A
DISTANCE of 307.0 FEES' TO A POINT AND WHICH POINT IS THE
NORTHWEST CORNER OF SAID LOT 6; THENCE CONTINUING N ° ' , A
STANCE of 40.03 FEET TO .A POfNT AND WHICH POINT IS THE
SOUTHWEST CORNER OF LOT 13 OF SAID SUNNY SIDE PARK SUBI IVISTOM
THENCE N 'E, ON AND .ALONG THE SOUTH BOUNDARY OF SAID LOT 1.3.,
.A DISTANCE OF 314.5FEES' TO A POINT AND WHICH POINT IS THE
SOUTHEAST CORNER OF SAID LOB' ; WHENCE CONTINUING N 0' . A
DISTANCE OF 40.03 FEET TO A POINT; THENCE S ° 'W, A DISTANCE OF 7.0
FEES.' TO .A ]PoENT AND WHICH POINT IS THE NORTHWEST COR] ' R of LOT
OF SAID SUNNY SIDE PARK SUBDIVISION; THENCE CONTINUING S 'W,
N AND ALONG THE WEST BOUNDARY OF SAID LOT 5, A.DISTANCE
`00.0 FEETA POINT ,AND WHICH POINT IS THE SOUTHWEST CORNER OF
SAID LOT 5; THENCE CONTINUING S00048W, A. DISTANCE OF 40-03FEET TO
A POINT AND WHICH POINT LIES ON SAID SOUTH BOUNDARY OF THE
SOUTHWEST QUARTER. WHENCE S 0 'W, ON AND ALONG SAID SOUTH
BOUNDARY, ,A. DISTANCE OF 354.53 FEET TO THE TRUE POINT of
BEGINNING.
THIS TRACT CONTAINS 2.82 ,ACRES AND SUMJECT TO AND TOGETHER WITH
ALL APPURTENANT EASEMENT'S of RECORD.
1205 Ashley Drive
Kalispell, MT 59901
Jan. 24, 2006
ADKINS TRUCKING
Ro I Adkins, iNC -
City of Kalispell Planning Dept
- 2nd St. East, Suite 211
Kalispell, Mt.59901-5577
M K Development - Property 1125 Sunnyside r.
Home755-6287
DY
JA 2 5 71
KASL PLANNING DEPARTMENT
If R.T. Adkins, -as a land owner at 1205 AshleyDr., oppose
request by DMKDevelopment for a zoning designation o -2
single family residential on 2.82 acres at 1125'Sunnyside Dr..
Both Ashley Dr. and Sunnyside Dr. are sub -standard roads and
can not handle the traffic that is generated by South Ashley
subdi�visian and the road for the by-pass.
Also, we coo not have enough Law Enforcement people to handle
speeders and everyone else going to and From work in the
morning and evening on Sunnyside Dr. because other roads can"t
handle the traffic.
Respectfully.
dF
T . Adkiils
1205 s l r Dr.
Kalispell, Mt.500,-1-5577
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VICINITY MAP SCALE 1" = soo'
DMK DEVELOPMENT/DONALD & MARY KRUSE
REQUEST FOR ANNEXATION & INITIAL ZONING OF R-2
SINGLE FAMILY RESIDENTIAL FROM COUNTY R-1
SUBURBAN RESIDENTIAL
PUn DAn 1/4/06
- * w1l"L E # i{A-06—i H-t \gis\aite\knG6-1 dvg
..... ... ..... .
City of Kalispell
Planning Department
l � s rce East suite 211, KatiselL Montana 59901
t 4..--- 6 a .Z.....�- _.. -1 .k I...
Kalispell city Staff
Other Interested Parties
FROM: Tom Jenm, Director
ele ho .e: 407 l -1 o
Fax: o 751-1858
We It : kaspe lam .co
RE: February 14, 2006 - Kalispell Planning Board Meeting
ATE: January1 , 2006
Those items wW go before the Site Development Revview oxn.ittee in the Kalispell Building
Department on the following dates:
Jan - Initial Review
! Jan 2 - Sty Comments
Please Note: Not all of to projects listed wffl warrant your consideration or co re is - only
those wit . your applicable area of ju is .fiction or review.
Final Convents :
February 3 so that they can be mcor orate . into the staff report for the February 14, 200
Public hearing. Please bring your comments to the above referenced site review committee
meeting(s) or submit your comments in Ming or by phone so that they can e .
cor orate
into the staff report to the planning board. You can reach me at 751-1850 or e-mail a
tientz
ffkatis il.com.
1. A►. rest by DMK Development for an initial zoning designation o -2, Single Family
Residential, upon annexation to the city of Kalispell on approldmately 2. 2 acres. The
property is located at 1125 Sunnyside Drive just west of Ashley Drive.
2. A request by Roger Olson for an initial zoning designation of -4, Two Family Residential,
upon annexation to the City of Kalispell on ap ro .rnately 3.39 acres. The propel is
located along the west side of Wi o v Glen Drive between Kelly Road and Russell Drive.
{ A request by 13ear rass Holdings, LP/Dana Dei. ert for a zone change from R-,
Residential Pro 'es ionai Ogee, to -1, Neighborhood Buffer District, for appromimately
1.17 acres located at 1060 and 1070 North Meridian Road north of the Liberty Street
intersection.
4, A request by Meri is . Roach Property PaTinership, LLP & Beargrass Holdings for a
conditional use permit to construct and operate a Carr wash at 1060 North Meridian. Road
near the Liberty Street intersection.. A Car Wash is allowed only through the issuance of a
conditional use permit M the B, 1 zoning district. A request for a zone change from R ,
Residential / Professional Office to - , Neighborhood BufferDist-io has been wed
concurrently with the conditional use pest application.
If you need addlitionai infbr ation regarding any of these items., please caH me. Thank you for
taldng the die to review and comment on these: -items.
o: w aa.ets: F. Ray Rufatto, ire.Dept.
Mike Baker, Parks ad-Reo
James a o , City Manager
P.J. Sorenson, Zon : ing Administrator
Roger Krauss, Police De..
Frank Castles, City Ewe
Jiro Hansz, Public Works Director
Mark Crowley, Construction Manager
Sandy Wheeler, Co met' Redevelopment
Susan Moyer, Community Development -ec or
Craig Ker=.an, Chief Building Inspector
Charles Hara,City Attorney
Mo, Local.
MDOT,, Land Planning Division Helena
o : o attachments: oats
CERTIFICATION
APPLICANT: M K Development/ Donal & Mary use
`CPO FILE NO: KA- -1
, the undersigned certify that I did this date mail via First Class mail a copy
of the attached notice to the following list of lands adjoinigg the
property lines of the prope that is requesting annexation,
Date:
S-' -R: 1 -28-21
Lot/'bracts# Lot 6, Syse Park
Property Owner, Mail Address:
MK Development
Donald & Mary use
�lispeR. MT 59901
Jim Burton/Jackola Burton/JacE gieefin
P. . Box 1134
n is a i, MT 59903-1134
AND ATTACHED..... S
DMK.Development "aek€la Eng & Architecture John is Hammett
Donald &- Mary use
1125 � see �� Box 1134 2 5 Sr�sleDrive
59901
Kalispell, M 99 3-113 Kalispell, MT 59901
Kalispell, M
Robert & Lila Krueken erg
1024 S nnysi e Drive
Kahs e , MT 59901
Owl Corporation
136 River view Drive
Kalispell, MT 159901
WIG, L
12 15 S nrsl e Drive
Kalispell, MT 59901
Cheryl A. Pierce Trust
Dale R. Pierce Trust
10 15 Ashley Drive
Kalispell, MT 59901
Pain. Bley
33 - 4thAvenue
Have, MT 59501
Jody & Bethany Farr er
P.O. Box 7592
Kalispell, MT 59904
Rowland Adams, Jr.
1205 Ashley Drive
Kalispell, MT 59901
Kathy Bradley
1115 Ashley Drive
Kai..s e11, MT 59901
Arthur M . Btirch, Jr.
Susan D. Burch
3 - 1st Avenue East
Kalispell, MT 59901
Dulane Fulton
1035 Ashley Drive
Kalispell, MT 59901
David Carlson
Arerre, West
Kalispell, MT 99 1
City Clerk
City of Ka.se,
P.O. Box 199
Kalispell, MT 59903
Jeff Harris Delores Stroh, Comp. Spec. Dora Hines, President
Flat -head County Pla nm* g DOR, Liquor Licensing Flathead County Planning Brd.
1035 First Avenue West P.O. Box 1712 P.O. Box 2721
Ka s e , MT 59901 Helena, MT 9 -1 12 Kalispell, MT 99 3-2 21
City of Kalispell
Planning Department
Street East Suite 211 , K.ahspH, Montam 59901
`:(406) 751-1858
We site: kalis eU l nnin.com
You are being sent this notice because you are a propel 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 ona i for atio .
NOTICE OF PUBLIC HEWN
KALISPELL CITY PLANNING BOA AND ZONING COMMISSION
February 14, 2006
The regular- meeting of the Kalispell City Planning Board and Zonmi Commission is
scheduled for Tuesday, February 14, 2006 beginning a PM in the Kalispell it,
Council Chambers, Kalispell City Hal, 312 First Avenue East, Kalispell. The planning board
will bold a public hearing and take public comments on the Mowing agenda items. The
Beard will rake a recommendation to the KWispell City Council who will take final action.
.. A request by DMK Development for an initial zoning designation of -, Single Family
.residential, upon annexation to the city of Kabspell on approNimately 2.82 acres. The
property is located at 1125 Sunnyside Drive just merest of Ashley Drive and can be
describer. as Lot 6 of Su n side Park, a. platted subdivision in Section. 18, Township 2
North., Range 21 West, P. I.M., Flathead County, Montana.
2. A request by Roger Olson for an initial zoning designation of R--4,, Two Family Residential,,
upon annexation to the City of Kalispell on appro-Nimately 3.39 acres. The property is
located along the west side of Willow Glen Drive between Kelly Road and Russell Drive.
The property can be described as Assessors Tract 7NA in Section 20, Township l 28 North,
Range 21 West, , M. M., Flathead county, Montana.
request by Beargrass Holdings, /Dana Delbert for a zone change from - ,
Residential rofes to al office, to -1, Neighborhood Buffer er District, for apprwdmately
1.17 acres located at too and 1070 North Menidlan Road north of the Liberty Street
intersection. The propel can be described as Lots 4, 5, 6, 7, and the easterly 42.83 feet
of Lot 9 of Block I of Adams Addition, a platted subdivision in Section 12, Township 2
North, Range 22 West, P.M.M., Flathead county, Montana.
4, A request by Meridian Road ,property Paitnership, LISP & Beargrass Holdings for a
conditional use permit to construct and operate a Car Wash at 1060 Norte Meridian Road
near the Liberty Street intersection. A car Wash is allowed only through the issuance of a
conditional useper-mit in the -1 zoning district. A request for a zone change from - ,
Residential/ Professional Office to -1, Neighborhood Buffer District has been fled
concurrently with the conditional use ern It application. The property ean be described
as Lots z5i, 6. & 7 of Block I of Adams Addition, a platted subdivision in Section 12,
Township 28 NoTth, Range 22 West, .M.M., Flathead county, Montana.
Documents pertaining to these agenda items are on e for public inspection at the KaHspell
Planing Department, 17 Second Street East, Suite 211# Ka ell, IMF` 59901, and are
a ai.a le for public review dung regular office hours.
Interested persons are encouraged to attend the hearmig and make their views and concern
known to the Board, Written comments may be submitted to the Kalispell Planning
Department at the above address, prior to the date of the heading, or you znay contact Tom
Jentz, Planning Director at (406) 751-1850 or e-mail im at tjt2akaHs-peii.com for
additional information.
N. 1 1
Tl .:f- PUBLIC
HEAPING
- i' ALISP LL CITY
PLANNING BOAR
AND ZONING
COMMISSION
February 14, 2006
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uld for Tuesday, Feb-
ruary 14, 2006 begin-
.. rii g at 7-00 PM in the
Kalispell City Council
Chambers, Kalispell
Hall, 312 First Ave -
nu East, Kalispell. The
.planning board will Fold
a. public hearing and
take pubflc comments
c the following agenda
items. The Board will
-a# e a recommenda-
tion to the I aiispeli City
Council who will take fi-
nal action.
A request by D11
e elopment for an ini-
tii zoning designation
of f-, Single Family
Residential, upon an-
nexation to the city of
Kalispell on approxi-
mately 2.82 acres. The
property is located at
126 Sunnyside Drive
jest west of Ashley
Drive and can he descri-
bed as Lot 6 of Sunny-
side Park, a platted sub-
division in Section 18,
Township 28 Forth,
Range 21 West,
l.il.M., FlatheadCoun-
ty, Montana.
4. A request by Meridi-
an Road Property Part-
nership, LLB' & Bear -
grass Holdings for a
conditional use permit to
construct and operate a
Car Wash at 1060 Forth
Meridian Road near the
Liberty Street intersec-
tion, A Car Wash is al-
lowed only through the
issuance of a condition-
al use permit in the 41
nln district. A re-
quest ?or a zone change
from R-5,
Residential/Professional
Office to B-1, Neighbor-
hood Buffer District has
been filed concurrently
with the conditional use
permit application. The
propel can be descri-
bed as Lots 5, 15, & 7 of
Block 1 of Adams Addi-
tion, a platted subdivi-
sion in Section 12,
Township 28 North,
Range 22 West,
P. 3. .T Flathead Coun-
ty, Montana.
Documents pertaining
to these agenda items
are on file for public in-
spection at-4he Kaiispeii
Planning Department,
.17 Second Street East,
Suite 211, Kalispell, MT
601, and are availa-
ble for public review
during regular office
lours.
Interested persons are
encouraged to attend
the hearing and make
their views and con-
cerns known to the
Board. Written con-
t rna b slt�
A request by Roger
f$tiu" s
ted to the Kalispell Plan -
.
Olson for an initial on-
ing designation of -41
ning Department at the
above address, prior to
Two Family Residential,
upon annexation to the
the date of the hearing,
or you may contact Tom
City of Kalispell on ap-
proximately 3.39 acres.
Jentz, Planning Director
at (406) 751-1850 or e-
T e property is located
mail him at tjent kali -
along the nest side of
Pell -corn for additional
willow Glen Drive be-
information.
t een Kelly Road and
Russell Drive. The prop
I Thomas 1 . ent
erty can e described,
Thera R. rat
as Assessors Tract 7NA
in Section lox Township
,Jana fig, 06.
28 North, Barge 21
.West, P.M.M., Flathead
County, Montana.
3. A request by Bear -
grass Holdings, LLP/Da-
na Deiert for a zone
change from -, Resi-
dential/Professional Of-
fice. to B-1 , Neighbor-
hood Buffer District, for
approximately 1.17
acres located at 1060
and 1070 North Meridi-
an Road north of the
Liberty Street intersec-
tion. The property can
be described as Lots 4.
6x 0, 7, and the easterly
.3 feet of Lot 9 of
Block 1 of Adams Addi-
tion, a platted subdivi-
sion in Section 12,
,rcwnshi North,
'Range West.
p- ,t, .. Flathead Coon-
f=
iontana.
STATE OF MNANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
CRISNE SCRU.HESS BEING .DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF THE DAILY LNTER LAKE A
DAILY NEWSIER of GENERAL CIRCULATION,
PRINTED AN. D PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY of FLATHEAD,
STATE OF MONTA N , AND THAT NO. 10195
LEGAL ADVERTISMENT WAS
PRINTED AND PUBLISHED IN THE REGULAR AND
ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND
EVERY COPY THEREOF ON THE DATES OF
AN 299 2006
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NET EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET 1N THE SAME SIZE TYPE AND PUBLISHED
FO THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to
Before me this
AD AN 30,2006
1
Notary Public for the State of Montana
Residm*g in Kalispell
My Co=ission expires 9/11/09