08. Resolution 4957 - Annexation - City of KalispellREPORT TO:
FROM:
SUBJECT
Tri-City Planning Office
17 Second Street Fast Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity(¢ urytel.net
www.tricityptanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
City of Kalispell - Initial Zoning Upon Annexation of R-4, Two -Family
Residential, North of Western Drive
MEETING DATE: December 6, 2004
BACKGROUND: This is a request by the City of Kalispell for an initial zoning designation
of R-4, Two Family Residential on approximately 1.69 acres. The property proposed for
annexation is located on the northern terminus of Western Drive, west of Seventh Avenue
West. This is City -owned property that is current in the County and contiguous to the City
limits. It is used as part of the City's stormwater management system and is not intended
for further development. It is currently zoned County R-5, Two Family Residential,
The Kalispell Planning Board held a public hearing on November 9, 2004 and at the
hearing no one spoke in favor or in opposition to the proposal. After the public hearing the
board discussed the request. A motion was made and passed unanimously to forward a
recommendation to the city council that the property should be zoned R-4, Two Family
Residential, upon annexation to the City.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4 zoning
upon annexation would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
Narda A. Wilson,,
Senior Planner
Minor positive impacts once fully developed.
As suggested by the city council.
Report compiled: November 24, 2004
James H. Patrick
City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls -
RESOLUTION NO.495'7
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 IN EXHIBIT "A",
TO BE DESIGNATED AS WESTERN DRIVE ADDITION NO.353, AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on October 4, 2004, the City Council passed Resolution No. 4938 declaring an
intention to annex contiguous platted tracts of land and unplatted land that have been
surveyed and for which certificates of survey have been filed, which is more
particularly described in Exhibit "A" attached hereto and thereby made a part hereof,
pursuant to the provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated
(Annexation of Contiguous Government Land); and
WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by
publishing such notice on November 15 and November 22, 2004, as provided in
MCA 7-1-4127; and
WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the
City Council for Council consideration, zero (0) "Protest/Disapproval" letters
regarding the proposed extension of the boundaries of said City, and
WHEREAS, on November bth, 1995, the City Council adopted, pursuant to Section 7-2-4305,
MCA, an Extension of Services Plan which anticipates development of City services
for approximately five years in the future, and
WHEREAS, said "Extension of Services Plan" provides for financing the municipal services and
maintenance of existing services by utilizing funds allocated and expended pursuant
to the annual City budget without incurring additional bonded indebtedness, and
WHEREAS, the Tri-City Planning Office has made an Annexation and Zoning Staff Report, No.
KA-04-17, on the annexation/zoning of the property dated November 1, 2004, and
WHEREAS, said real property described in Exhibit "A" is included within and conforms with the
Kalispell Growth Policy 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That all of the real property as is more particularly described in
Exhibit "A", attached hereto, shall be annexed to the City of Kalispell
and the boundaries of the City are altered to so provide.
SECTION II. 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 of
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 said
territory and its citizens and property shall be 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 pursuant to,
and in accordance with, the Kalispell Zoning Ordinance,
SECTION IV. This Resolution shall become effective immediately upon passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 6TH DAY OF .DECEM.BER, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
1400 Western Drive
Known As Tract 1 of Certificate of Survey No. 1775
Tract ID WEA 8 TRB & 9AA
A tract of land situated, lying and being in the Southwest Quarter (SW1/4) of Section Eighteen
(IS), Township Twenty-eight (28) North, Range Twenty-one (21) West., P.M.M., Flathead
County, Montana and more particularly described as follows to wit:
Tract 1
Beginning at the NE corner of Lot 8 of WESTERN ACRES of which a plat or map is on file in
the Clerk and Recorders office of Flathead County, Montana; thence S 0° 48' 00" West., and
along the easterly boundary line of said Lot 8, a distance of 384.23 feet to an iron pin; thence
S88" 44' 00"W., a distance of 30.00 feet to an iron pin; thence NO' 48' 00"E., a distance of
211.89 feet to an iron pin; thence West a distance of 205.00 feet to a point in the center of Ashley
Creek; thence N 12' 34' 16" W., and along said Creek center line, 58.22 feet to a point; thence N
411,34' 50" W., and along same Creek center Iine, 116.21 feet to a point; thence North and
leaving the center line of Ashley Creek, a distance of22.00 feet to an iron pin; thence N 88' 44'
00" E., a distance of 327.27 feet to the place of beginning and containing 1.227 acres of land
more or less.
Known As Parcel A & Parcel B of Certificate of Survey No. 3361
Tract ID 9B, 9BAA, SUPI-TRAAA, SUP-I-TRAB, SUP-1-TRAB100
PROPERTY BOUNDARY DESCRIPTION - PARCEL A
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1, CERTIFICATE OF
SURVEY NO. 1775, RECORDS OF FLATHEAD COUNTY, MONTANA, WHICH POINT
IS INDICATED BY A FOUND 518" RE -BAR; 'THENCE N88°44'00"E, ON AND ALONG
THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 203.94 FEET TO A
POINT, WHICH POINT IS THE SOUTHWEST CORNER OF THE TRACT OF LAND
INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN BOOK
567, PAGE 508, RECORDS OF FLATHEAD COUNTY, MONTANA, AND WHICH
POINT IS THE TRUE POINT OF BEGINNING;
THENCE NO3°48' 13"E, ON AND ALONG THE WEST BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK 567,
PAGE 508, A DISTANCE OF 141.28 FEET TO A PONT, WHICH PONT IS THE
NORTHWEST CORNER OF SAID TRACT INDICATED ON CERTIFICATE OF
SURVEY NO. 1176 AND IN BOOK 567, PAGE 508;
THENCE N88054'41"E, ON AND ALONG THE NORTH BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK
567, PAGE 508, A DISTANCE OF 76.01 FEET TO A POINT;
THENCE N00°55'55"E, A DISTANCE OF 104.84 FEET TO A POINT, WHICH
POINT LIES ON THE NORTH BOUNDARY OF A TRACT OF LAND DESCRIBED
IN BOOK 564, PAGE 245, RECORDS OF FLATHEAD COUNTY, MONTANA;
THENCE S88°59'36"W, ON AND ALONG THE NORTH BOUNDARY OF TRACTS
DESCRIBED IN SAID BOOK 564, PAGE 245, A DISTANCE OF 85.42 FEET TO A
POINT, WHICH POINT IS THE NORTHWEST CORNER OF SAID TRACT
DESCRIBED IN BOOK 564, PAGE 245;
THENCE SOO"23' 18"W, ON AND ALONG THE WEST BOUNDARY OF A TRACT
DESCRIBED IN SAID BOOK 564, PAGE 245, A DISTANCE OF 245.75 FEET TO
THE TRUE POINT OF BEGINNING.
BASIS OF BEARINGS: SOUTH BOUNDARY OF THE TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176, RECORDS OF FLATHEAD COUNTY,
MONTANA, TAKEN AS N88°44'00"E.
THIS TRACT CONTAINS .218 ACRE.
PROPERTY BOUNDARY DESCRIPTION - PARCEL B
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1, CERTIFICATE OF
SURVEY NO. 1775, RECORDS OF FLATHEAD COUNTY, MONTANA, WHICH POINT
IS INDICATED BY A FOUND 518" RE -BAR; THENCE N88°44'00"E, ON AND ALONG
THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 203.94 FEET TO A
POINT, WHICH POINT IS THE .SOUTHWEST CORNER OF THE TRACT OF LAND
INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN BOOK
567, PAGE 503, RECORDS OF FLATHEAD COUNTY, MONTANA, AND WHICH
POINT IS THE TRUE POINT OF BEGINNING.
THENCE CONTINUING N88044'00"E, ON AND ALONG SAID NORTH
BOUNDARY OF TRACT 1, A DISTANCE OF 83.10 FEET TO A POINT;
THENCE N00055'55"E, A DISTANCE OF 140.60 FEET TO A POINT, WHICH
POINT LIES ON THE NORTH BOUNDARY OF A TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN BOOK 567, PAGE
508, RECORDS OF FLATHEAD COUNTY, MONTANA;
THENCE S88°54'41"W, ON AND ALONG SAID NORTH BOUNDARY OF THE
TRACT OF LAND INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN
BOOK 567, PAGE 508, A DISTANCE OF 76.01 FEET TO A POINT, WHICH POINT
IS THE NORTHWEST CORNER OF SAID TRACT INDICATED ON CERTIFICATE
OF SURVEY NO. 1176 AND IN BOOK 567, PAGE 508;
THENCE S03"48'13"W, ON AND ALONG THE WEST BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK 567,
PAGE 508, A DISTANCE OF 141.28 FEET TO THE TRUE POINT OF BEGINNING.
BASIS OF BEARINGS: SOUTH BOUNDARY OF THE TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176, RECORDS OF FLATHEAD COUNTY,
MONTANA, TAKEN AS N88°44'00"E.
THIS TRACT CONTAINS .257 ACRE.
Tri-City Planning Office
17 Second Street East -- Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricitv.Acenturytel.net
www.tricityplanninp,-mt.com
November 24, 2004
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: City of Kalispell - initial Zoning Upon Annexation of R-4, Two -Family
Residential, North of Western Drive
Dear Jim:
The Kalispell City Planning Board met on November 9, 2004, and held a public
hearing to consider a request by the City of Kalispell for an initial zoning designation
of R-4, Two Family Residential on approximately 1.69 acres. The property proposed
for annexation is located on the northern terminus of Western Drive, west of Seventh
Avenue West. This is City -owned property that is currently in the County and
contiguous to the City limits. It is used as part of the City's stormwater management
system and is not intended for further development. It is currently zoned County R-5,
Two Family Residential.
Narda Wilson of the Tri-City Planning Office presented staff report KA-04-17
evaluating the proposed zoning. Staff recommended initial zoning of City R-4, Two -
Family Residential which is consistent with current zoning of the area. At the public
hearing no one spoke in favor or in opposition to the proposal.
After the public hearing the board discussed the request A motion was made and
passed unanimously to forward a recornmendation to the city council that the
property should be zoned R-4, Two Family Residential, upon annexation to the City.
Please schedule this matter for the December
meeting. You may contact this board or Narda
if you have any questions regarding this matter.
6, 2004 regular Kalispell City Council
Wilson at the Tri-City Planning Office
]Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish
City of Kalispell Annexation and Initial Zoning
November 24, 2004
Page 2
GT/NW/a
Attachments: Petition to annex (original)
Exhibit A - legal description
Staff report KA-04-17 and application materials
Draft minutes 11/9/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
TRAINS MIT/fi ALISPELL/ 2004 / KA04- I7
CITY OF KALISPELL
REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-04-17
NOVEMBER 1, 2004
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
annexation and an initial zoning designation of R--4 upon annexation to the city of
Kalispell. A public hearing has been scheduled before the Kalispell City Planning
Board and Zoning Commission for November 9, 2004 beginning at 7:00 PM, to
consider appropriate zoning for the area property to be annexed. The planning board
will forward a recommendation for appropriate zoning to the Kalispell City Council for
consideration.
BACKGROUND INFORMATION
The applicant has petitioned for annexation and an initial zoning designation of R-4, a
Two -Family Residential district, on approximately 1.69 acres This report evaluates the
appropriate assignment of a City zoning classification in accordance with Section
27.03.010(4) of the Kalispell Interim Zoning Ordinance. This property will be annexed
under the provisions of Sections 7-2-4401 through 7-2-4410, M.C.A., Annexation of
Contiguous Government Land. The public hearing held before the planning board
satisfies the requirement for a public hearing as outlined in the statutes.
This City -owned property is adjacent to the Kalispell city limits and is currently in the
county. It is timely and appropriate that this property should be brought into the city.
The City has no plans to develop this property. In the past it has been operated and
maintained as a stormwater discharge, detention and sedimentation area and receives
stormwater from an outfall area at the end of 8th Avenue West. The operation and
maintenance of this property as a stormwater management area will continue after the
property has been annexed.
A. Petitioner J Owner: Frank Garner, Interim City Manager
Pati Heath, Assistant to the City Manager
City of Kalispell
P.D. Box 1997
Kalispell, MT 59901
(406) 758-7701
B. Location and Legal Description of Property: The property proposed for
annexation and the initial zoning request is located on the northern terminus of
Western Drive, west of 7th Avenue West and north of Sunnyside Drive. It can be
described as Assessors Tracts 9AA, 9B and 913AA located in Section 18, Township
28 North, Range 21 Vilest, P.M.M., Flathead County, Montana.
C. Existing Zoning: The property proposed for annexation is in the West Side
County zoning jurisdiction and is currently zoned R-1, Suburban. Residential.
This district is defined as "A district to provide estate -type development. These
areas would normally be located in rural areas away from concentrated urban
development, typically not served by water or sewer services, or in areas where it
is desirable to permit only low -density development (e.g. extreme topography,
1
areas adjacent to floodplains, airport runway alignment extensions)." The
minimum lot size requirement of the County R-1 zoning district is one acre.
D. Proposed Zoning: The proposed R-4, Two -Family Residential, zone allows
duplexes and single-family residences as permitted uses and has a minimum lot
size requirement of 6,000 square feet and a width of 50 feet. The proposed City
R-4 district more closely reflects the existing and intended uses for the property
and is consistent with the other City zoning in the immediate area.
E. Size: The area proposed for annexation and zoning, contains approximately 1.69
acres
F. Existing Land Use: The property proposed for annexation is currently
undeveloped. The City of Kalispell has been using this as a stormwater outfall
maintenance area from the stormwater discharge area to the north from 8th
Avenue West. This area provides a filtration and sedimentation area prior to
discharging into Ashley Creek.
G. Adjacent Land Uses and Zoning: The land use in the area is primarily single-
family residential along with some duplex homes.
H. General Land Use Character: The general land use character of this area can be
described as primarily residential with a mix of duplex and single family homes.
This area can also be described as being on the urban fringes of Kalispell and
there have been significant development pressures to the east and wrest.
I. Utilities and Public Services: Although this property will not be developed, all
public services and facilities could be provided to these properties at the same
level of service as other properties similarly situated in the city lli wits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
School District #5, Kalispell
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
1. Does the re uested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy future land use snap as
"Urban Residential" which anticipates residential development with a density of
between four to 12 dwelling units per acre. Because of the provision of public
water and sewer to the site, the proposed R-4 zoning designation is in compliance
with the future land use designation for the area. The R-4 zoning has a
miiiimum lot size requirement of 6,000 square feet with each lot allowing a
duplex or a base density of one dwelling per 3,000 square feet. This same zoning
designation has been applied to most properties in the west Kalispell area. The
proposed zoning is in compliance with the anticipated land use for the area with
anticipates a mix of single-family and duplex dwellings in urban residential
areas.
2. Is the request d zone desi ed to lessen congestion in the streets?
Should the property be developed at some point in the future, all new
infrastructure and buildings would be constructed to City standards. Traffic in
the area will increase insignificantly. The requested zoning designation and
subsequent development of the site will not lessen congestion in the streets in the
area, but this level and type of development is anticipated to occur as
development of the area continues.
3. Will the requested zone secure safety from fire, panic, and other dangers?
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 required to be in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal services including police and fire protection, water
and sewer service is available to the area and will be extended as part of the
development of this property at some point in the future.
4. Will the requested zone..promote the health and ggneral welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and providing a place for new housing in the community.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for any development that might occur
on this site are established in the Kalispell Zoning Ordinance to insure adequate
light and air is provided.
6. Will the requested zone prevent the overcrowding of land?
As previously noted this area has been anticipated for urban residential
development and now that public water and sewer are in close proximity an R-4
zoning designation is appropriate. The anticipated density falls within the
proposed R-4 zoning designation. All public services and facilities will be
available to serve this subdivision. Currently this property is in the County
jurisdiction and is zoned R-5, Two family Residential, but they do not have
access to public sewer and water without annexation.
3
7. Will the requested zone avoid undue concentration of people?
The allowable density for this property will change as a result of annexation
which is currently zoned for single-family homes, however the zoning is
consistent with surrounding zoning and development. Minimum lot standards
and use standards as well as subdivision development standards will avoid the
undue concentration of people should this property be developed.
8. Will the requested zone facilitate the adequate provision of transportation, water.
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
9. Does the requested zone gLve consideration to the particular suitability of the
property for particular uses?
The proposed R-4 zoning district is consistent with the surrounding zoning and
land uses in the area and gives due consideration of the suitability of this
property for the permitted uses in the district.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is urban sized lots for residential development
on City sewer and lower density development where on -site sewage treatment
methods are being used. The same type and density of development can be
anticipated to occur on this property that is in the area and will be consistent
with the character of the neighborhood.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-4 zoning will
promote compatible and like uses on this property as are found on other
properties in the area.
12. Will the paquested zone encourage the most appropriate use of the land
throughout the municipality?
Urban scale residential development should be encouraged in areas were services
and facilities are available. The proposed zoning is consistent with the future
land use designations for the area and surrounding zoning in the area.
COMMENDATION: It is recommended that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KA-04-17 as fzridings of fact and recommend to
the Kalispell City Council that the initial zoning for this property upon annexation be R-
4, "1`wo Family Residential.
REPORTS 1. hALISPELL! 04 \ KA04-17
Nw
4
City of Kalispell
Post Office Box 1997.- Kalispell, Montana 5,9903-1997 - Telephone (406)758 ; 700 Fax (406)758-7758
October 5, 2004
Narda Wilson
Tri-City Planning Office
17 Second. Street East-- Suite 211
Kalispell, MT 59901
Dear Ms. Wilson:
TRI-CP PLANNING OFFXE
At its regular meeting on October 4, 2004, the Kalispell City Council passed a Resolution of
Intent to annex the City owned property at 1400 Western Drive. Attached are the Petition For
Annexation and Initial Zoning and the appropriate attachments, which includes the legal
description of the property to be annexed, I have also enclosed a copy of the memo provided to
Council and Resolution 4938 the Resolution of Intent to Annex. Please place the request for the
above -mentioned property before the Kalispell City Planning Board and Zoning Commission.
If you need additional information, please do not hesitate to phone Pati Heath or myself. Thank
you for all of your help.
3
Sincerely,
l / ; ) "'
Frank Garner
Interim City Manager
Attachments: Petition For Annexation and Initial Zoning
Council Memo dated October 4, 2004
Petition To .Annex and Notice of Withdrawal From Rural Fire District
Maps
List of Neighbors
Exhibit A -Legal Description -Certificate of Survey No. 1775
Exhibit B-LegaI Description -Certificate of Survey No. 3361
Tri-City Planning Office
17 Second St East, Suite?11
Kalispell, NIT 59901
Phone: (406) 751•-1850 Fax: (406) 751-1858
PETITION FOR ANNEXATION ND WITLAL ZONLNG
CITY OF K-�LISPELL
NAME OF APPLICANT: 21 7 g z�'
NLAIL ADDRESS: Z ff 7'
CITY/ST-ATE/ZIP: Kt L r Sr°C ��r d f PHOi\il :C _ 7� % 7 751
INTEREST L PROPERTY: LjI
Other Parties of Interest to be Notified:
PARTIES OF INLTE.REST: e5�IeAl? & 1/V7Se1._4 el,- ✓)r ,t� A47 1
MAIL ADDRESS: /�'/"7
CITYISTATEIZIP: PHONE: 75Y - 776.>
INTEREST IN PROPERTY:if?/G/�,i
PLEASE COMPLETE THE FOLLOWING:
.address of the property :
LegalDescription: eL, M - ����il�` w��r�-�-1�P����Yair�_��l�R� C'J5 c�3� ��.���t�-�L'P•r 7�Ar�
(Lot and Bloch of Subdivision, Tract4) cos 3 - ` 8, z,5ziJY-?bAP
-7-'� �15?,2s1g_SUP" _ Tt2/4-41!
v�-6UP--i-!]e IVC),
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Lanolin project (ac) ' . J.� 7 L,7 . ;;_l t- , � s r .
The present zoning of the above property is: k I
The proposed zoning of the above property is: k ( o?p/i {/ ,%G
State the chanced or changing conditions that snake the proposed amendment necessary:
i—F-( W`v`'i j-ka -C
;k :K =< :G X ::• ,K :K :F ;K -i - :G :. .� %K :� :K = ;k :;i :k =K :K :K ;� K =',S :,� `;C ;< :;: :[ ;k =. :E � =:
the sianing of this application signifies that the informatioih is true and accurate based upon the
vest information avaiiaole and Curiher grants approval t•or Tri-City Planning staff to be present on -Me
propem, for routf ins ection wring, the annexmiou process.
1C1nI hate 1
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property,, described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or shade available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a. Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein �-xpress an intent to have the property as herein described
withdrawn from the ' Rural Fire District under the provisions of Section
7-33-2127. Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minims ))f years from date of annexation.
Date
Petitioner/Owner Date
Please return this petition to.
i ri-City Planning Oftzce
17 7"d St East. Suite 21.1
Kalispell MT 59901
NOTE: You must attach an .Exhibit A that provides a bona fide legal description of the property
to be annexed that has been reviewed and certified by the Flathead Count-v Plat Room.
STATE OF MONTANA )
: SS
County of Flathead County
On this day of _ before me, the undersigned, a Notary Public for
the State of Montana, personally appearedf�' known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
„IN WITNESS WHEREOF. I have hereunto set my hand and #Fixed my Notary Seal the day and
d �in'tb_is certificate first above written.
i 1` ✓ Li'
I A
Notary Public, t to of Montana
9 Residing at
" My Commission expires: ;r
STATt"OF MONTANA }
ss
County of Flathead County
On this day of before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREON, 1 have hereunto set my hand and affixed my Notary Seat the day and
year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of before one, the undersigned, a Notary Public for
The State of Montana, personally appeared and
the and
respeetive!y.' of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public. State of Montana
Residing at
My Commission expires
RESOLUTION NO, 4938
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 44, M.C.A.
(ANNEXATION OF CONTIGUOUS GOVERNMENT LAND), COMPRISING PLATTED
TRACTS OF LAND AND UNPLATTED LAND THAT HAS BEEN SURVEYED FOR
WHICH CERTIFICATES OF SURVEY HAVE BEEN FILED, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS WESTERN DRIVE ADDITION
NO. 353, DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS
RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING.
WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best
interest of the City of Kalispell and the inhabitants thereof, that the contiguous
platted tracts and unplatted land that have been surveyed and for which certificates of
survey have been filed, as required by law, encompassed. in Exhibit "A" attached
hereto and for purposes of this Resolution made a part hereof, be annexed to the City
of Kalispell, so that the boundaries of the City of Kalispell would be extended so as
to include the same within the corporate limits of the City, to zone said property in
accordance with the Kalispell Zoning Ordinance, Ordinance No. 1460, as amended;
and
WHEREAS, the City of Kalispell desires to annex the property to the City limits under the
provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated (Annexation of
Contiguous Government Land); and
WHEREAS, on the 6th day of November, 1995, the City Council adopted, pursuant to Title 7,
Chapter 2, Part 47 Montana Code Annotated, an Extension of Services Plan which
anticipated development of City services approximately five years in the future, said
Plan being amended on the I st day of March, 1999, and
WHEREAS, the City Council shall, prior to annexing said property, cause to be developed an
Extension of Services plan for the territory described in Exhibit "A", and proposed by
this Resolution to be annexed, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission shall on the 9th day of
November, 2004, hold a Public Hearing, pursuant to 27.03.010, Kalispell Zoning
Ordinance, to recommend zoning for the territory described in Exhibit "A" in
accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed
to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUI<1CIL OF THE CITE' OF
KALISPELL, AS FOLLOWS:
SECTION L That it is the intention of the City of Kalispell that certain territory
described in Exhibit "A" be embraced within the corporate limits of
the City and the boundaries of the City be so extended so as to
include the same.
SECTION II. That it is Ru-ther the intention of the City of Kalispell that said
property described in Exhibit "A" be zoned in accordance with the
Kalispell Zoning Ordinance, Ordinance No. 1460, as amended.
SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter
Lake, a daily newspaper published at Kalispell, Montana, proper
notice of this Resolution of Intention at least once a week for two
successive weeks.
SECTION IV. For a period of twenty days after the first publication of said notice by
the City Clerk, said City Cleric will receive expressions in writing of
the approval or disapproval of the proposed extension of the
boundaries of said City of Kalispell.
SECTION V. At the regularly scheduled meeting of the City Council of the City of
Kalispell, the City Cleric shall fom and all written communication
received by said Clerk for Council's consideration.
SECTION VI. The City Council, after considering all written communication, may
adopt a resolution approving the annexation and the boundaries of the
City shall thereby be extended to include the property described in
Exhibit "A"
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF OCTOBER, 2004.
ATTEST:
Theresa White
City Clerk
EXHIBIT "A»
1400 Western Dave
Known As Tract I of Certificate of Survey No. 1775
Tract ID WEA 8 TRB & 9AA
A tract of land situated, lying and being in the Southwest Quarter (SWl/4) of Section Eighteen
(18), Township Twenty-eight (28) North, Range Twenty-one (21) West., P.M.M., Flathead
County, Montana and more particularly described as follows to wit:
Tract 1
Beginning at the NE corner of Lot 8 of WESTERN ACRES of which a plat or map is on file in
the Clerk and Recorders office of Flathead County, Montana; thence S 0° 48' 00" West., and
along the easterly boundary line of said Lot 8, a distance of 384.23 feet to an iron pin; thence
S88° 44' 00"W., a distance of 30.00 feet to an iron pin; thence NO' 48' 00"E., a distance of
211.89 feet to an iron pin; thence West a distance of 205.00 feet to a point in the center of Ashley
Creek; thence N 12' 34' 16" W., and along said Creek center line, 58.22 feet to a point; thence N
41 ° 34' 50" W., and along same Creek center line, 116.21 feet to a point; thence North and
leaving the center line of Ashley Creek, a distance of 22.00 feet to an iron pin; thence N 88144'
00" E., a distance of 327.27 feet to the place of beginning and containing 1.227 acres of land
more or less.
Known As Parcel A & Parcel B of Certificate of Survey No. 3361
Tract 1D 9B, 9BAA, SUP1-TRAAA, SUP-I-TRAB, SUP-1-T1tA.B100
PROPERTY BOUNDARY DESCRIPTION - PARCEL A
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION IS,
TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1, CERTIFICATE OF
SURVEY NO. 1775, RECORDS OF FLATHEAD COUNTY, MONTANA, WHICH POINT
IS INDICATED BY A FOUND 5/8" RE -BAR; THENCE N88044'00"E, ON AND
ALONG THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 203,94 FEET
TO A POINT, WHICH POINT IS THE SOUTHWEST CORNER OF THE TRACT OF
LAND INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN
BOOK 567, PAGE 508, RECORDS OF FLATHEAD COUNTY, MONTANA, AND
WHICH POINT IS THE TRUE POINT OF BEGINNTING:
THENCE NO3°48' 13"E, ON AND ALONG THE WEST BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK
567, PAGE 508, A DISTANCE OF 141.28 FEET TO A POINT, WHICH POINT IS
THE NORTHWEST CORNER OF SAID TRACT INDICATED ON CERTIFICATE OF
SURVEY NO. 1176 AND IN BOOK 567, PAGE 508;
THENCE NSS°54'41 "E, ON AND ALONG THE NORTH BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO, 1176 AND IN BOOK
567, PAGE 509, A DISTANCE OF 76.01 FEET TO A POINT;
THENCE N00°55'55"E, A DISTANCE OF 104.94 FEET TO A POINT, WHICH
POINT LIES ON THE NORTH BOUNDARY OF A TRACT OF LAND DESCRIBED
IN BOOK 564, PAGE 245, RECORDS OF FLATHEAD COUNTY, MONTANA;
THENCE S88°59'36"W, ON AND ALONG THE NORTH BOUNDARY OF TRACTS
DESCRIBED IN SAID BOOK 564, PAGE 245, A DISTANCE OF 8542 FEET TO A
POINT, WHICH POINT IS THE NORTHWEST CORNER OF SAID TRACT
DESCRIBED IN BOOK 564, PAGE 245;
THENCE S00023'18"W, ON AND ALONG THE WEST BOUNDARY OF A TRACT
DESCRIBED IN SAID BOOK 564, PAGE 245, A DISTANCE OF 245.75 FEET TO
THE TRUE POINT OF BEGINNING,
BASIS OF BEARINGS: SOUTH BOUNDARY OF THE TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176, RECORDS OF FLATHEAD COUNTY,
MONTANA, TAKEN AS N88044'00"E.
THIS TRACT CONTAINS .218 ACRE.
PROPERTY BOUNDARY DESCRIPTION - PARCEL B
A TRACT OF LAND LOCATED IN THE SOUTHWEST (QUARTER OF SECTION 18,
TOWNSHIP 28 NORTH. RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1, CERTIFICATE OF
SURVEY NO. 1775, RECORDS OF FLATHEAD COUNTY, MONTANA, WHICH POINT
IS INDICATED BY A FOUND 5/8" RE -BAR; THENCE NSS°44'00"E, ON AND ALONG
THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 203.94 FEET TO A
POINT, WHICH POINT IS THE SOUTHWEST CORNER. OF THE TRACT OF LAND
INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN BOOK
567, PAGE 503, RECORDS OF FLATHEAD COUNTY, MONTANA, AND WHICH
POINT IS THE TRUE POINT OF BEGINNING.
THENCE CONTINUING N88044'00"E, ON AND ALONG SAID NORTH
BOUNDARY OF TRACT 1, A DISTANCE OF 83.10 FEET TO A POINT;
THENCE N00°55'55"E, A DISTANCE OF 140.60 FEET TO A POINT, WHICH
POINT LIES ON THE NORTH BOUNDARY OF A TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN BOOK. 567, PAGE
508, RECORDS OF FLA-l"HEAD COUNTY, MONTANA;
THENCE S88054'41"W, ON AND ALONG SAID NORTH BOUNDARY OF THE
TRACT OF LAND INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN
BOOK 567, PAGE 508, A DISTANCE OF 76.01 FEET TO A POINT, WHICH POINT
IS THE NORTHWEST CORNER OF SAID TRACT INDICATED ON CERTIFICATE
OF SURVEY NO. 1176 AND IN BOOK 567, PAGE 508;
THENCE S03°48'13"W, ON AND ALONG THE WEST BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1 I76 AND IN BOOK
567, PAGE 508, A DISTANCE OF 141.28 FEET TO THE TRUE POINT OF
BEGINNING,
BASIS OF BEARINGS: SOUTH BOUNDARY OF THE TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176, RECORDS OF FLATHEAD COUNTY,
MONTANA, TAKEN AS N88044'00"E.
THIS TRACT CONTAINS .257 ACRE.
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City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406) 758-7000 Fax - (406) 7_58- 7758
REPORT TO: Honorable Mayor and City Council
FROM: Frank Garner, Interim City Manager
Pati Beath, Assistant to the City Manager
SUBJECT: Annexation of City Owned Property
1400 Western Drive
MEETING MATE: October 4, 2004
BACKGROUND: The City currently owns the property listed above, which is adjacent to City
boundaries. This piece of property has not been annexed into the City although the City has owned it for
many years. The Resolution of Intent that is before the Council initiates the process for annexing this
property. The annexation and zoning will go before the planning board for public hearing at their
November 9, 2004 regular meeting. A recommendation will be forwarded to the City Council after the
public hearing at which time the council will take action on the annexation and zoning. It is anticipated
that this matter will come before the City Council again at their regular meeting of December 6, 2004.
FISCAL EFFECTS: None
RECOMMENDATION: The Council move to approve the Resolution of Intent.
ALTERNATIVE: - As suggested by the Council.
ATTACHMENTS: Resolution of Intent
Petition For Annexation and Initial Zoning
Map
Respectfully submitted,
Fra k Garner, Interim City Manager
Report Compiled September 29, 2004
Pati Heath, Assistant to the City Manager
TCPO
CERTIFICATION
APPLICANT: City of Kalispell
TCPO FILE NO: KA.-04-17
I, the undersigned certify that I did this date mail via first class mail a copy
of the attached notice to the following list of landowners adjoinin the
property lines of the property that is requesting annexation.
Date: a r
S-T-R: 1.8-28-21.
Lot/Tracts# Tract 1 COS 1775
Parcel 4 & P COS 3361
Property Owner/Mail Address:
City of Kalispell
R O. Box 1997
Kalispell, MT 59901
AND ATTACHED LIST
Try -City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 75 2-1850
Fax: (406) 751-1855
tricit3fS'.centuntel.net
www.tricitypL-mning-mt.com
You are being sent this notice because you are a property owner within 150 feet of the
proposed project noted below and will be most directly affected by its development. You have
an opportunity to present your comments and concerns at the meeting noted below. You may
contact this office for additional information.
NOTICE OF PUBLIC E A IN'G
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, November 9,. 2004 beginning at 7:00 PM in the Kalispell
City Council Chambers, Kalispell City Hall, 312 First Avenue East, and Kalispell. The
planning board will hold a public hearing and take public comments on the following
agenda items_ 'The Board will make a recommendation to the Kalispell, City Council
who will take final action,.
1. A request by Murcon Development, Inc. for preliminary plat approval of Lot 3 of
Daley Field Subdivision, a 7 lot commercial subdivision on approximately 7.41.
acres. The developer is proposing seven commercial lots located on the west side
of Hwy 93 South at its intersection with Kelly Road_ All Lots would be accessed
via an internal subdivision road.
2. A request by Douglas Johnson for an initial zoning designation of R-2, Urbazi
Single Residential, with a Planned Unit Development (PUD) overlay upon
annexation to the city of Kalispell on approximately 20 acres. The property is
located west of the southwest corner of Three Mile Drive and Stillwater Road. In
conjunction, with the annexation and proposed. PUD zoning designation., a
subdivision has beers, filed to be known as Aspen. Creek that proposes a total of 66
lots that would consist of 24 single-family lots and 42 two -unit townhouses. This
property is currently in the County zoning jurisdiction and is zoned AG-80, an.
Agr�cultiaral zoning district..
3. A request for Douglas Johnson for preliminary plat approval of Aspen Creek.:, a 66
lot residential subdivision an approximately 20 acres. As proposed there would be
24 lots for single-family homes and 42 two -unit townhouse lots. A request for
annexation and an initial zoning designation of R-2, / PUD has been filed
concurrently with the subdivision request.
4. A request by the City of Kalispell for an initial zoning designation of R-4, Two
Fansdy. upon annexation to the city of Kalispell on approximately 1.59 acres of
Clty owned property. The property is located at the northern ternsnus of Western.
Drive west of 7 -1 Avenue East. The orouery, is currently in the County zoning
jurisdiction and is zoned P-1, Suburban Residential. This fulfills notice, and
public itaring requirements of the City of lialispell under the state statutes.
oviding =CaIi1,a,Riiini v ?tanning Assistance To;
' Z'7 ;��y iii31t31 { 115 ' .z y =3f 4`is e.Ll , '�lt77 v3 .Vhitarlsh '
Ka
Pa- e 2
5. A recuest by the City .of Kalispell for as initial zoning designation of I-1, Light
Industrial, upon. annexation to the city of Kalispell o3i appro ately 6.84 acres of
City- owned proper-;. The property is located west of the h'aiispell City Airport
runway and east of the Kai; spell wastewater treatnent faci ity _ The proper-y is
cur endv ii. the County- zoning ju isdictioza. and is zoned I-1, Light Industrial_
This fulfills jaotice and public hear4ing =equirtmen.ts of the City of Kalispell ndtr
the state statutes_
o. A request by the City of T�lispe?l for an inital zoning designation of P-1, Public,
upon annexation to the city of' Kalispell on approximately 8.25. acres. The
property is located south of Rawson Field and west of First Aveni_ e West. They
property is currently in the Couzzv zoning jurisdiction and is zoned R-5, Two
Family Residential.. 7a.is fulfills notice and public hearing requirements of the Chy
of Kalispellunder the state statutes.
]Documents pertaining to these agenda items are on file for public inspection at the
Tri-City Plana-drig Office; 11' Second Street East, Suite 2111. Kalispell, TWT 59901, and
are available for public rcvi.ew during regular office hours.
Interested persons are encouraged to attend the. hearing and make their views and
concerns known to the Board. Written cornmen.ts may be submitted to the Tri-City
Planning Office at the above address, prior to the date of the hearing, or you may
contact Narda Wilson, Senior Planer at (406) T51-1850 or e-mail at
tr?cit�3raarda .centuzvtel.net for additional information -
Sincerely,
Narda A. Wilson
Senior Planner
i..,:,GALS`1iiALISPELL\12004\1 97P11-111TG TICE.D0C
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
L. R. Sutton
1102 — 8'h Avenue, West
Kalispell, NIT 59901
Robert & Dorina Manners
1120 — 7`h Avenge, West
Kalispell, MT 59901
Western Acres Homeowners
Association
1500 Western Drive
Kalispell, MT 59901
Allen. Halverson
P.O. Box 2354
Kalispell, MT 59903-2354
Dulane Fulton
1035 Ashley Drive
Kalispell, MT 59901
Flathead County
800 South Main
Kalispell, MT 59901
Ron & Sharon DeMeester Elizabeth .E. Oatko
415 Chestnut Drive 746 — 11"' Street, West
Kalispell, MT 59901 Kalispell, NIT 59901
Dominic & Mandee .Hostetler Robert Stevens
1108 -- 7"' Avenue, West 1200 --- 7"' Avenue, West
Kalispell, MT 59901 Kalispell, MT 59901
Vernice Kramer Melvin & Cecile Powell
1425 Western Drive P.O. Box 2355
Kalispell, MT 59901. Kalispell, NIT 59901
Frederick & Lillian Topp Ronald & Ardis Kelley
1450 Western Drive 1430 — 7"' Avenue, West
Kalispell, MT 59901 Kalispell, MT 59901.
Diana Weitzel Ted Reed
Dale Ginther 119 South Cedar Drive
1312 -- 7"' Avenue West Kalispell., MT 5990.1
Kalispell, MT 59901
.Robert Smith Christian & Susan Julian
330 Cemetery Road 180 Double Lake Drive
Kalispell, NIT 59901 Kalispell, MT 59901
No. 8709
NOTICE OF PUBLIC
-TEARING
KALISPELL C€TY
PLANNING BOARD
AND ZONING
COMMISSION
Novembef 9, 20C4
The reou€af meeting of
the °Kaiispeli Citv Plan-
ning Board and Zoning
Commission is sc ed-
uled For Tuesday, ,No-
vernber 9, 2004 begin-
ning at 7:00 PM in the
'4alispeil City Council
Chambers, Kaliseeil
City Hall, 312 First Ave-
nue East, Kalispell. The
planning board will hold
a aubfic Bearing and
take public comments
cn the following agenda
items. The Board will
make a recommenda-
tion to the Kalispell City
Council who will take fi-
nal action.
1. A request by Mur-
con Develooment. Inc.
for preliminary plat ap-
proval of Lot 3 of Daisy
Field Subdivision, a 7 'sot
commercial subdivision
on approximately 7.41
acres. The developer is
proposing seven com-
mercial lots located on
the west side of Hwy 93
South at its intorsection
with Kelly Road. All lots
would be accessed via
an internal subdivision
road. The property can
be described as Lot 3 of
Dalev Field Subdivision
in Section 20, Township
28 ;North, Mange 21
'Nest, P,M.M., Flathead
County, Montana.
2. A request by Doug-
las Johnson for an initial
zoning designation of R-
2.. Urban Single Resi-
dential, with a Panned
Unit Development
'PUD) overlav upon an-
nexation to the city Of
Kalispell Wapproxi-
mately 20acres. The
praperty is located west
',T the southwest corner
of Three Mile Drive and
Stlitwater Road. In con-
junction with the annex -
on and oroposed
PE sD oninc designa-
< 3 'ubdrvision has
Deer °!,ed `c bo known
Aspen ;reek that
�'CG056S a total of p6
-s :hat Nould consist
=4 single family lots
!_ � wo-unit town -
his properly �s
:rrentiv n the County
nine urisdie:ion an a
_ono i G 3v, an 4g
E!turar =..!ng 3strict.
. ,e crocerTv can ne de-
t3-r�CL?
C er iraCt �r
3. A request`or Doug -
,as Johnson for Prelimi-
nary ,plat approval or As
oen Eeek. a 86 iot . es-
dential subdivision on,
approximately 20 acres_ ^
As proposed there
would oe 24 lots for sin-
gle family hgmes and 42
two -unit townhouse lots.
A request for annexa- q
Lion and an initial zoning..::
designation of R-2, r
PUD has been_filed con
^Uw:'enttF�r-vrrith fhe-subdr
vision request. The
property can be descri
bed as a portion of As-
sessors Tract 4D or
ract t of COS 15941 in
Section 11. Township.
29 North, Range 22.
West, P.M.M., Flathead)
County, loontana.
4. A request by the '.
City of Kalispell for an
initia! zoning designa-
,ion of H-4, Two Family,
upon annexation to the:;
,city of Kalispell on ap-
proximately 1.69 acres
of City owned property.
The property is located
at the northern terminus'
cf Western Drive west:
Of 7th Avenue East.
The property is currently
in the County zoning Ju-
risdiction and is zoned
R-1 , Suburban Residen-
tia€. This fulfills notice
and public hearing re
quirements of the City of:
Kalispell under the state
statutes. The property.
can be described as
Tract 1 of COS 1775
and Parcels A and B of
COS 3361 m Section
18, Township 28 North;.
Range 21 West,..
P.M.M., Flathead Coun-ty, Montana.
5. A request by the'
City of Kalispell fcr an
nitial zoning designa-
Pion of 1-1, Light Industri-
al, upon annexation to::
the citV of Kalispell on
approximately 6 34:
acres of City owned
property. The property
is located west of the
Kalispell City Airport
runwav and east of the.
Kalispell waster,,later.
treatment facility. The
property is Currently in.
he ounty zoning ups
!c ion and is zoned '-1,
_ ynt industriai. This
:`ia!;i€ls !notice and public._
nearing requirements of�-
ho City of Kaiispeii un-
]er le state statutes_
The property can be de-
crlced of
a03 4884 and Parcei 1
J7 COS 8528 in z7 eCT.lpn
:.^ins'nlp 28 ',iarth,
Fanae 2i. %vest.
MoP,ar]a.
ue= ,., 'he
�,,, .ail€ce,i ipr an
c ,!bon
.F]. -
STATE OF MON T ANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
CHRIS SCHULDHEISS BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS Th
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO 8709
LEGAL ADVERTISED IT WAS PRINTED INI
PUB LISHFD IN THE REGULAR AND ENTIRE
ISSUE OF SAID PAPER, AND IN EACH AND
EVERY COPY THEREOF ON THE DATES OF
OCT 24, 2004
AND THE RATE CHARGED FOR THE ABOVE
property is iOcated`
south of Rawson Fiel[a'<
and west ofi First Ave'-
nue West. The property
is currently in the Coun.,
ty zoning jurisdiction is'.
and Is zoned R-5, Twto
Family Residential. Th€s 1'
fulfills notice and publid'`:l
hearing requirements of"':3
the city of Kalispell unr- -
der the state statutes..,
The property can be de-
scribed as Parcel A``
COS 12551 in 5ectigW?
18, Township 28 Nor its
Range 21 Wes:;a
P.1M.M., Flathead Course'-'s
ty, Montana.
Documents pertain
to these agenda ite.
are on fife for public
spection at the Tri-C
Planning Office, 17 S!
and Street East, Su
211, Kalispell, h
59961, and are avai
ble for public revif
during regular offi
hours.
Interested persons acE
encouraged to attends
the ;tearing and maker,
their views and com
cerns known to the,,,,
Board. Written corn;
ments may be submit`:;
ted to the Tri-City, Plan-
ning Office at the above
address, prior to the'
date of the hearing, ohs.
you may contact Nardai
Nilson, Senior Planner.
at (406) 751-1850 or e-
mail her at
t rfcitvnarda @ centurytei?..
net for additional infor-
oration.
PRINTING DOES NOT EXCEED TIDE MI:NrvTUN1 /s/Thomas R. Jentz
Thomas R. Jentz
GOING RATE CHARGED TO ANY OTHER Planning Director
ADVERTISER FOR T T_ SAME PUBLICATION, October 24, 2004.
SET IN TBE SAME SIZE TYPE AND PUBLISHED
FOP,,TBE SAVIE 7TBER OFF INSERTIONS.
Subscribed and sworn to before me this
AD. OCT 25, 2004
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires 9Il if