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10. Resolution 4958 - Annexation - City of KalispellREPORT TO: FROM: SUBJECT Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-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 1-1, Light Industrial, West of the Kalispell City Airport MEETING DATE: December 6, 2004 BACKGROUND: This is a request by the City of Kalispell for an initial zoning designation of I-1, Light Industrial, on approximately 6.34 acres. The property proposed for annexation is located on the west side of the Kalispell City Airport, This is City -owned property that is currently in the County and contiguous to the city limits. It was recently acquired by the City as part of the Kalispell City Airport expansion and is not intended for immediate development. It is currently in the County zoning jurisdiction and is zoned I-1, Light Industrial. 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 1-1, Light Industrial, upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance for I-1 zoning upon annexation would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, 4T 4MXenlj 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 • City of Kalispell Annexation and Initial Zoning November 24, 2004 Page 2 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KA-04-15 and application materials Draft minutes from 11/9/04 planning; board meeting TRANSMIT \ KALISPEL\ 2004 \ KA04-15MEMO RESOLUTION NO.4958 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 HIGHWAY 93 SOUTH ADDITION NO.354, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on October 4, 2004, the City Council passed Resolution No. 4939 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 therebymade 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 6th, 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-04-15, 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 DECEMBER, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" 2500 Highway 93 South Parcel 1: Tract 2D A tract of land in the N1/2 NW1/4 NE1/4 SW1/4, Sec. 20, T28N, R21W, P.M.M., and more particularly described as follows: Commencing at the West 1/4 Corner of Section 20; thence S891125'23"E 1318.54 feet to the true point of beginning of the tract herein described; thence continuing S89°25'23"E 405.00 feet to the Westerly boundary of the Kalispell City Airport; thence along said boundary S32°50'29"E 100.00 feet; thence leaving said boundary S57009'31 "W 349.13 feet to the Easterly R/W of a 60-foot roadway; thence along said R/W N30°52'29"W 323.25 feet to the true point of beginning, containing 1.683 acres of land. (Certificate of Survey No. 4884) 2580 Highway 93 South Parcel 1: Tract 2F A tract of land located in the Northeast Quarter of the Southwest Quarter of Section 20, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the Southwest Oise -Sixteenth corner of said Section 20 indicated by a found 5/8" rebar; thence N00114' 15" E, on and along the West boundary of said Northeast Quarter of the Southwest Quarter, a distance of 240.17 feet to the True Point of Beginning; Thence N0094' 15" E, continuing on and along said West boundary of the Northeast Quarter of the Southwest Quarter, a distance of 968.52 feet to a point; thence S30150'59" E, on and along the West boundary of a 60 foot private road and utility easement, a distance of 811.89 feet to a point; thence S571108'32" W, a distance of 500.40 feet to the True Point of Beginning. This parcel contains 4.660 acres of land and together with a 60-foot private road and utility easement as indicated hereon and subject to any easements of record. (Certificate of Survey No. 8528) Tri-City Punning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901. Phone: (406) 758-1850 Fax: (406) 751-1858 tricity &,centnrytel.net www.tricityplanning-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 1-1, Light Industrial, West of the Kalispell City Airport 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 1-1, Light Industrial on approximately 6.34 acres. The property proposed for annexation is located on the west side of the Kalispell Airport runway. This is City - owned property that is currently in the County and contiguous to the city limits. It was recently purchased by the City as part of the Kalispell Airport expansion and is not intended for immediate development. It is currently zoned County I-1, Light Industrial. Narda Wilson of the Tri-City Planning Office presented staff report KA-04-15 evaluating the proposed zoning. Staff recommended initial zoning of City I-1, Light Industrial, 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 recommendation to the city council that the property should be zoned 1-1, Light Industrial, upon annexation to the city. Please schedule this matter for the December 6, 2004 regular Kalispell City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. 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/ma Attachments: Petition to annex (original) Exhibit A - legal description. Staff report KA- 04-1. 5 and application materials Draft minutes 11/9/04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk TRANSMIT/ KALISPELL/ 2004 / KA04-15 City of Kaiispell Annexation and Initial Zoning November 24, 2004 Page 3 EXHIBIT A CITY OF K,ALISPELL ANNEXATION AND INITIAL ZONING OF I-1 WEST OF KALISPELL CITY AIRPORT LEGAL DESCRIPTION 2500 Highway 93 South Parcel 1: Tract 2D A tract of land in the NJ/2 NW1/4 NE1/4 SWV4, Sec. 2.0, T28N, R21 W, P.M.M., and more. particularly described as follows: Commencing at the West 1/4 Conner of Section. 20; thence S89°25'23"E 1318.54 feet to the true point of beginning of the tract herein: described;. thence... continuing S89025'23"E 405.00 feet to the Westerly boundary of the Kalispell City Airport; thence along said boundary S32°50'29"E 100.00 feet; thence leaving said boundary 55709'31 "W 349.13 feet to the Easterly R(W of a 60-foot roadway; thence along said R/W N30°52'29"W 323.25 feet to the true paint of beginning,. containing 1.683 acres of land.. (Certificate of Survey No. 4884) 2580 Highway 93 South Parcel I.- Tract 2F A tract of land located in the Northeast Quarter of the Southwest Quarter of Section 20, Township 28, North, Range 21 West, Principal 'Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the Southwest One -Sixteenth corner of said Section 20 indicated by a found 518' rebar; thence N00O 14' 15" E. on and along the West boundary of said Northeast Quarter of the Southwest Quarter, a distance of 240.17 feet to the True Point of Beginning; Thence N00° 14' 15" E, continuing on and along said West boundary of the Northeast Quarter ofthe Southwest Quarter, a distance of 968.52 feet to a point; thence S301)50'59" E, on and along the West boundary of a 60 foot private road and utility easement, a distance of 811.89 feet to a point; thence S571108'32" W, a distance of 500.40 feet to the True Point of Beginning. This parcel contains 4.660 acres of land and together with a 60-foot private road. and utility easement as indicated hereon and subject to any easements of record. (Certificate of Survey No. 8528) Tri-City Planning Office 17 Second. St East, Suite 211 Kalispell, NIT 59901 Phone: (406) 751-1550 Fax: (406) 751-1858 PETI'TION FOR ANNEXATION ;AND INI'TL-kL ZONLNG CITY OF KALISPELL NANIE OF APPLICANT: 6', % �/ MAIL ADDRESS: /' 6, Fv)e I 7 CITY/STATE/ZIP:— 5 aiI% i PHONE.- , 7 ' - 777 INTEREST IN PROPERTY:i(,; Other Parties of Interest to be Notified: PARTIES OF liNTEREST: ' aE?d - •`i i 17 {1d A47-1 M;rq - e l Tq % - tiLAIL ADDRESS: CITY/STATE/ZIP: !C;s'PHONE:T�l7 7-7?7 INTEREST IN PROPER Yf�'fZF V CL-z PLEASE CONIPLETE THE FOLLOWLNG: Address of the property: ?. fieC/ z�—? -G>tjs I .,- Legal Description: 2QS ' - Y -,JF d6)5 117TY11 � �v - (Lot and Block of Subdivis o--n Tract -) (Section, Township, Range) (Attach metes and bounds as E-liibit A) Land in project (ae)f, The present zoning of the above property is; / The proposed zoning of the above property is: s r 11 C s TZI Z-'>A State the changed or changing conditions that snake the proposed amendment necessary: The signing of this application signifies that the foregoing information is tare anti accurate based upon the i esx information avaii�bie and urther grants apl�rovai for Tr' -City Planning staff w be present _3n the goner v for rQutinz ,,h.-pq to durin<r the anrrexazia�� process. PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting, City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal sor`v'ices to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the = ) Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) farther 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 1-2-4736 prohibits the city from providing solid waste services to this property for a311, mum o 5 years from date of annexation. (L/ P itio erlOwner Date Petitioner/Owner Date Please return this petition to: Tri-C ity Planning Office 17 2"' St East, Suite 211 Kalispell MT 59901 NOTM You mast attach an Exhibit A that provides a bona tide legal description of theproper-ty to be annexed that has been reviewed and certified by the Flathead County Plat Room. STATE OF MONTANE. ) ss County of Flathead County i On this,day of r�-. r�` befog me_ figs uersigned, a Notary Public for the State of Montana, personaffy appeared=1!, } ' %= _ 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. 1., ESS WH-EREOF. I have hereunto set my hand and affixed my Notary Seal the day and aye. ar irghis certificate first above written. 'Pu blic, ublic, State of 11Io tans Residing at _ %� %._ My Commission expires: "^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 appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. ` IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: On this day of before fne. the undersigned, a Notary Public for The State of Montana, personally appeared and , the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed env Notary Seal the day and year in this certificate first above written. Notary Public. State of Montana Residing at My Commission expires CITY OF KALISPELL REQUEST FOR INITIAL ZONING OF I-1 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-04-15 NOVEMBER 1, 2004 A report to the Kalispell City Planning Board and the Kalispell City Council regarding annexation and an initial zoning designation of I-1 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 I-1, Light Industrial zoning district, on approximately 6.34 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 Light Industrial hearing as outlined in the statutes. The City recently purchased this property as part of the City Airport expansion and it currently lies in the county. It is appropriate that this property should be brought into the city. The City has not plans to develop this property at this time. Currently there is a shop building on the property that may be used for storage in conjunction with the airport operations. A. Petitioner j Owner: Frank Garner, Interim City Manager Pati Heath, Assistant to the City Manager City of Kalispell P.O. 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 west of Hwy 93 south, west of the southern portion of the airport runway and east of the Kalispell Wastewater Treatment Facility. There are two parcels of property bisected by a private 40 foot roadway easement. The properties can be described as Assessors Tracts 2B and 2F in Section 20, Township 28 North, Range 21 West, 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 I-1, Light Industrial. This district is defined as "A district to provide areas for light industrial uses and services uses that typically do not create objectionable by-products such as dirt, noise, glare, heat, odors, smoke, etc. which do not extend beyond the lot lines. It is also intended that the encroachment of non -industrial uses ;within the district be prevented other than those listed herein." The minimum lot size requirement for this County zoning district is 7,500 square feet. D. Proposed Zoning: The proposed 1-1, Light Industrial, which is described as "An industrial district to provide for light industrial uses that typically do not create objectionable characteristics such as dirt, noise, glare, heat, odor, smoke, etc. which extend beyond the lot lines. Such light industrial uses would include light manufacturing, processing, fabrication and assembling of products or materials; warehousing and storage and transportation facilities; This district is also intended to accommodate various adult -type uses that may otherwise infringe or negatively influence the residential or commercial character of other zoning districts." The minimum lot size requirement in this City zoning district is 7,000 square feet. E. Size: The area proposed for annexation and zoning contains approximately 6.32 acres. F. Existing Land Use: The property proposed for annexation is currently undeveloped other than a shop building which may be used as storage in conjunction with the City Airport operations. The City recently purchased this property from a private property owner as part of the Airport expansion plans. There are no specific plans for the development of this site. The five degree realignment of the Airport as part of its upgrade will impact this property should this expansion, upgrade and realignment occur at some point in the future. G. Adjacent Land Uses and Zoning: The land use in the area is primarily related to light industrial uses such as vehicle repair and storage, equipment storage and maintenance as well as the Kalispell Wastewater Treatment Facility. H. General Land Use Character: The general land use character of this area can be described as primarily light industrial and other uses associated with the airport operations such as airport hangers, fueling stations, storage and repair of equipment and vehicles. The wastewater treatment plant lies to the west and the airport and Hwy 93 lie to the west of this property. The uses in the area are a mix of industrial and commercial operations. I. Utilities and Light Industrial 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 limits should it at some point be used for another purpose besides storage. 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 2 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 requested zone comply with the owth olic ? The property is designated by the Kalispell Growth Policy and the future land use map as "Light Industrial" which anticipates development such as distribution, warehousing, manufacturing and storage. The property can be developed with or without public water and or sewer depending on the need. The zoning designation is consistent with the type of development that would be anticipated for this area. The I-1 zoning has a minimum lot size requirement of 7,000 square feet and allows a number of light industrial uses and facilities as permitted and conditionally permitted uses. This same zoning designation has been applied to the surrounding properties to the south. The proposed zoning is in compliance with the anticipated land use for the area. 2. Is the requested zone designed 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 could increase moderatly. The requested zoning designation will not have any impact on the congestion in the streets in the area. The type of use that i.s anticipated to occur is consistent with the available road infrastructure in the area. 3. Will the leguested zone secure safety from fire panic, and other dangers? Adequate access and 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. Any construction will be required to be in compliance with the building safety codes of the City which relate to fire, floodplain and public safety. All municipal services including police and fire protection, water and sewer service are available to the area and would 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 general 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. 3. 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. 3 6 r N Al 1.0 Will the requested zone prevent the overcrowding of land? As previously noted this area has been recently purchased by the City as part of the City Airport expansion plans. The proposed 1-1 zoning would allow uses that would be consistent with the airport use and may be incorporated into the realignment of the airport runway. The future use of this property would not result in the overcrowding of land since the anticipated uses and zoning would limit the intensity and density of the uses on the site. Will the requested zone avoid undue concentration of peopleO The allowable uses for this property will not change as a result of annexation which is currently zoned for light industrial uses. Any changes in use will likely be of similar or less impact to the area, business and people immediately surrounding the property. Any development of the property would have to comply with all applicable codes and development standards. Will the requested zone facilitate the adequate provision of transportation, water, sewerage schools, parks, and other Might Industrial requirements? All public services and facilities are currently available or can be provided to the property. The limited use of this property will not have an impact on the City with regard to services and facilities and will not change the impacts to the area. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed I-1 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. The change from County zoning to City zoning does not significantly change the types or intensity of uses that would be anticipated to be developed on this property. Does the requested zone ve reasonable consideration to the character of the district? The general character of the area is a mix of commercial and light industrial uses including equipment repair and storage, warehousing, the Kalispell wastewater treatment facility as well as some airport hangers and airport related uses. The light industrial, zoning designation will give the City the flexibility and opportunity to develop the property in a way that will meet their need and be compatible with the surrounding land uses. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the 1-1 zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The proposed 1-1 zoning will limit the type and intensity of uses allowed on the property that would be appropriate to those uses for area in and around the City Airport. The zoning will encourage the most appropriate use of land and the lard use can be anticipated to be used in conjunction with the airport or another light industrial use in the .future. REC©MMENDATI©N: It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-04- 15 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be 1-1, Light Industrial. REP©RTS\KALISPE.LL\04\KA04-1S NW City of Kalispell Past Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 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: RECCEUVED -CM! PLAANIRAIG OFFICE At its regular meeting on October 4, 2004, the Kalispell City Council passed a Resolution of Intent to annex the City owned property at 2500 Highway 93 South and 2580 Highway 93 South. 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 4939 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. Sincerely, fa Frank G er Interim. City Manager Attachments. Resolution No. 4939, Resolution of Intent to Annex Council Memo dated October 4, 2004 Petition For Annexation and Initial Zoning Petition To Annex and Notice of Withdrawal From Rural Fire District Maps List of Neighbors Exhibit A -Legal Description -Certificate of Survey No. 8528 Exhibit B-Legal .Description -Certificate of Survey No. 4884 RESOLUTION NO.4939 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 HIGHWAY 93 SOUTH AUDITION NO.354, 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 forwhich 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 1st 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 proposedby 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 COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. 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 further 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 IIL 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 Clerk 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 forward 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. &meZla B. Kenne- Mayor ATTEST: eresa White City Clerk EXHIBIT "A" 2500 Highway 93 South Parcel I. Tract 2D A tract of land in the N112 NWI/4 NEI/4 SWI/4, Sec. 20, T28N, R21W, P.M.M., and more particularly described as follows: Commencing at the West 1/4 Corner of Section 20; thence S89025'23"E 1318.54 feet to the true point of beginning of the tract herein described.; thence continuing S89025'23"E 405.00 feet to the Westerly boundary of the Kalispell City Airport; thence along said boundary S32°50'29"E 100.00 feet; thence leaving said boundary S57009'3 I "W 349.13 feet to the Easterly R!W of a 60-foot roadway; thence along said R/W N30052'29"W 323.25 feet to the true point of beginning, containing 1.683 acres of land. (Certificate of Survey No. 4884) 2580 Highway 93 South Parcel 1: Tract 2F A tract of land located in the Northeast Quarter of the Southwest Quarter of Section 20, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the Southwest One -Sixteenth corner of said Section 20 indicated by a found 518" rebar; thence N00° 14' 15" E, on and along the West boundary of said Northeast Quarter of the Southwest Quarter, a distance of 240.17 feet to the True Point of Beginning; Thence N00° 14' 15" E, continuing on and along said West boundary of the Northeast Quarter of the Southwest Quarter, a distance of 968.52 feet to a point; thence S30050'59" E, on and along the West boundary of a 60 foot private road and utility easement, a distance of 811.89 feet to a point; thence S57008'32" W, a distance of 500.40 feet to the True Point of Beginning. This parcel contains 4.660 acres of land and together with a 60-foot private road and utility easement as indicated hereon and subject to any easements of record. (Certificate of Survey No. 8528) r'ICIN IT Y MAP "I Y OF LISPELL - WEST F THE CITY AIRPORT RUNS Y RE QUEST FOR ANNE 1ION AND IN171 LZONING OF I-1 I"LIG ? T 1ND IA' " CIS IC FROM COUNTY IW-1 i 7I^CAL-- PLOT ATE JS+-s `CPO CERTIFICATION APPLICANT: City of Kalispell TCPO FILE NO: KA-04-15 1, the undersigned certify that I did this date mail 'via first class mail a copy of the attached notice to the following last of landowners ad'oinin the property lines of the property that is requesting annexation. Date: S-T-R: 20-28-21 Lot/Tracts# Parcel 1: Tract 2D COS 4884 Parcel. 1: Tract 2F COS 8528 Property Owner/Mail Address: City of Kalispell P.O. Box 1997 ]Kalispell, MT 59901 AND ATTACHED LIST Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(acen.turytel.net www.tricityplanning-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 HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION The regular meeting of the Kalispell City Planning Board and Coning Commission is scheduled for Tuesday, Novemaber 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 comr ercial 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, Urban 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 been filed to be known as Aspen Creep that proposes a total of 66 lots that would consist of 24 single-fari ly lots and 42 two -unit townhouses. This property is currently in. the County zoning jurisdiction and is zoned A�-80, an Agricultural zoning district. 3. A request for Douglas Johnson for preliminary plat approval of Aspen Creep, a 66 lot residential subdivision on 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 concurrentiv with the subdivision request. 4. A request by the City of Kalispell for an initial zoning designation. of R--4, Two Family, upon annexation to the city of Kalispell on. approximately 1.69 acres of City owned property- The prouerttr is located at the northern te� rxainus of Western Drive ;vest of 7& Avenue East. The property is currently in the County zoning Jurisdiction and is zoned R-1, Suburban Residential. This fulfills notice and A ublic hearing reauirernents of the C>ty of Kalispell under the state statutes_ Providing Community ?i.annin.g Assistance To: ��`It V Of Call 'B.cbricai ' ails - 'CA7 Of :-Calis-Peil 7 Of Whiteflsh .� ti.a�I�i:,i'?.�. la .. Z'! Soazd public .._t:,rm. - r.C.}dcr:; retg' aes-c by the City of Kalispeil for an initial desig- ation of �, Light Ind-u='al., upon acme-Ka'Lon to the city of Kalispell can. apprwdmate.v 6.34 acres o City owned propert-1 . The properr is located west of the Kalispell City Airport runway and. east of �e Kali.spe:l wastewater treatment facility _ 7ne property is czrr'er tly iti the Cc-=t,,r zoning jiiHsdict on and is .zoned i-1, Light lndustr al_ 7"his fulfills notice and Dublic hearirzg req-u.iremeats of the City of Kad5pell U der the state statutes. A- revues t by the C' - of. KaHapelll for an initial zoning designation. of P- l , l-a b.iic, upon annexaton to the city of- Kalispell on approximately 8.23- acres. ThLe propert7 is located south of Rawson Field and west of First Avenue Nest. The property is currently iia the Cou=y zoning jurisdiction and is zoned R-5, Two Family Residential. This fulfills aotice and public bearing req=- C rents of the City of Kalispell under the state statutes_ Documents pertaining, to these agenda items are on file for public inspection, at the `I'ri--City Planning Office, l f Second Street East, Suite 211, Kalispell, NIT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views arid concerns known to the Board. Written comments i-=7 be submitted to the Tri-C=t 7 Plannjng Office at the alcove address, prior to the date of the hearing, or you may contact jNarda Wilson., Se-nior Planner at (406) 551-1350 or e-mail at tric�t�adatEv.centur..Ttel.net for additional information_ Sincerely, Narda A. Wilson Semor Planner LE ALS\iir LISP'-ELL\2o04t1_9PHNCTiCZ.DGC City of Kalispell Michael Barrett Robert & LaDona -Moak P.O. Box 1997 2509 Highway 93 South 8195 Pleasant Valley Road Kalispell, MT 59901 Kalispell. MT 59901 Marion, MT 59925 .Terry & Karen Slack Schlegel & Sons Contractors, Inc. Peter Fennelly 2512 Highway 93 South 2584 Highway 93 South 2 Main Street, 4202 Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, NIT 59901 No. 8709 NOTICE OF P'UBL'C HEARING KALiSPr-L'. CITY PLANNING SCARE AND ZCNING COfv WSSIGN Novembe- 9, 2004 The reguiar meeting of tha Kaiispeii City Plan- ing E3oard and Zoning Ccmmission is sc,.ed- uled for Tuesday, No- vernder 9. 2004 begin- ning at 7:00 PM in the Kalispell City Council Chambers. Kalispell City a1f, 312 First Ave- nge mast, Kalispell. The pianr:ir=_g board will hold a public hearing and take public comments on the foilo,rving agenda items. The Board will make a recommenda- tion to the Kalispell City Councii who will take fi- nai action. ?. A request by"ur- con Development. Inc. for Preiiminary plat ap- pro'vai of Lot 3 of Daley Field Subdivision, a 7 lot commercial subdivision on approximately 7.41 acres. The developer is ,proposing seven corn- inercial lots located on the `west side of Hwy 93 South at its intersection with Keliv Road. All lots would be accessed via an internal subdivision road. The property can 'ce described as Lot 3 of Daley Field Subdivision n Sect on 20. Township ?8 north, Range 21 West. P M.M.. Flathead County, Montana. A request by Doug- las Johnson for an initial Toning designation of R- 2. Urban Single Resi- dential, with a Planned iJnit Development i PINT?; overlay upon an- ,xa#i aon to the city of KaJispeil on aDprox!- -nately 20 acres. The ,roperty is located west of the southwest corner )f Three Mile Drive and tiilwater goad. in con - unction with the annex - a €on and proposed zoning designa- _-- .. 'ul d vision "A [ to S _.-=sr)en Creek that jraocses a -atal of 06 ;ts hat :vouid consist '4 single`amily tots o 2 tv. o-unit 'ow n- -c-uses, ;his orooerry is rrently in -ne County urjsd;c.ion a-..1 cn :yG s0, an Ao- ifUrai ':-omnc. i"is?riot. `e orooenv can oe oe- ;ribca :,,s-:assessors .c; r €act of On Jo­ 3. A reouest `or Doug ,as Johnson for prelirni-' nary piat approval of As- cen Creep, a 66 lot resi- dential subdivision on approxirnately 20 acres. . As Proposed there would be 24 lots for sin- gle family homes and 42: two -unit townhouse lots. A request for annexa 'ion and an initial zoning i resignation of R-2, F'UD has been filed con- currenttywrritFrt!tier vision request. The `. property can be descri- bed as a portion of As- sesscrs Tract 41D or Tract 1 of COS 15941 in -' Section 11, Township 28 North, Range 22. West, P.M.M.. Flathead County, ;Montana- 4. A request by the City of Kalispell for an initial zoning designa- tion of R-4. Two Family, upon annexation to the City of Kalispell on ap- proximately '.69 acres of City owned property. The property is located at the northern terminus of Western Drive guest of 711,1 Avenue Fast.. The property is currently.. in the County zoning Ju- risdiction and is zoned R-1. Suburban Residen fiai. This fulfills notice and cublic hearing re- quire ments of the City of Kalispell under the state. statutes. The property can be described as Tract 1 of COS 177,9 and Parcels A and B of COS 3361 in Section 18, Township 28 North,.'. Range 21 West,. P M.M., FlatheadC.oun-- ty. Montana, 5. A request by the City of Kalispell for an initiai zoning designa Lion of i-1, Light Industri al. upon annexation to the city of Kalispell on: approximately 6.34_ acres of [City owned: property. The property.; is located west of the Kalispeil City Airport. runway and east of 'he Kaiispeii wastewater ;reaiment facility. The property is currently iM ire County zoning ;uris diction and is zoned 1-11 hi ndustrial his jlf€[Is [;otice and public- ,oaring requirements of the City of Kaiispali un= jer the state statutes. he orcpamf can 'Pe de- -cri0ea as Parcei I ,it __S 4884 and Parcel 1 ;t _0S 3628 in Section -'�--cvvnsnip 28 rdorih, anae 7' Vest, ,-sat �Icntana. u y -he „p,; Eisigra arc= =;jtv 31 -�xi- {y, .. ..,3.. .. ire STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CAS SC JLDHEISS BEING DULY SWORN, DEPOSES AND SAYS, THAT SHE IS TE LEGAL. CLERK OF THE DAELY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION PRJN`TED AND PUBLISHED IN THE CITY OF K.ALISPEL L, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 8 709 LEGAL A.DVERTISENMNT WAS PRINTED AM PUB LISHED 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 oraperty is focat south of Rawson Fit and west of first AN nue West. The props s currently in the Co€ ty zoning urisdicti and is zoned R-5, T' Family Residential, T fulfills notice and put nearing requirements the City of KaEispefi t der the state statutE The property can be , scribed as Parcel A COS 12551 in Secti 18, Township 28 Nor Range 21 We P.M:M., Flathead Co ty, Montana. Documents pertaining to these agenda gemsr�.. are on fife for pubiic itsif: spection at the Tri-Ciily-' Planning Office, 17 Se`> and Street East, Sui.tl- 2i1, Kalispell, %,T,- 59901, and are availa�=';i ble for public revie`> durino regular offiGa hours. .Interested persons ar.ai encouraged to attend'; the hearing and make•: their views and core `< cerns known to th°e, Board. Written com'P' rnents. may be subrni:t ted to the Tri-City Plan-: ning Office at the abovW1 address, prior to the. - date of the hearing, or-, you may contact Narda Wilson, Senior Plannav at (406) 751-1850 or e.-�- mail her a€' trio itvn and a @ centu ryte l f net 'or additional infor- mation. PRINTING DOES NOT EXCEED THE NIINIIVIU'N1 !s,Thcmas R. uentz Thomas R. Jentz GOLNG RATE CHARGED TO ANY OTHER Planning Director ADVERTISER FOR THE SAME PUBLICATION, October 24, 2004. SET IN THE SAME SIZE TYPE AND PUBLISHED FO SAVTE iVTBER OF INSERTIONS. r` Subscribed and sworn to before me this AD. OCT ?, 200 .a Notary Public for the State of Montana Residing in Kalispell My Commission Uxpires 9/11. 1 Q-5