06. Resolution 4807 - Annexation - Jerry and LaVerne ScottTri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
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www.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Jerry and LaVern Scott - Annexation and Initial Zoning Upon
Annexation of B-2, General Business - South of Meridian Court
MEETING DATE: July 7, 2003
BACKGROUND: This is a request for an initial zoning designation of B-2, General
Business. The property is in the County zoning jurisdiction and is zoned County R-
1, a Suburban Residential district. A two lot commercial subdivision has been filed
concurrently with this annexation request. The property proposed for annexation and
initial zoning is located west of Meridian Road between Meridian Court and Second
Street West and east of the Burlington Northern railroad tracks. Currently this
property is in the West Side Zoning District and is zoned County R- 1, a Suburban
Residential zoning district which has a one acre minimum lot size requirement for
newly created lots and is residential in nature. The property owners are requesting
City B-2 zoning, a General Business zoning district, which allows a wide variety of
general commercial, retail, and office type uses as well as multi -family dwellings as
permitted uses. The area proposed for annexation and initial zoning contains
approximately one acre and is currently undeveloped.
The character of the immediate area is an area in transition from a more traditional
residential area on the fringes of urban Kalispell to part of the commercial area of the
west side. This area has typically accommodated a mix of uses from the Stillwater
Forest Products to the west as well as commercial uses to the north. Over the years,
the area has tended to become more commercial in nature as the city continues to
grow and is a combination of residential in transition, general commercial and some
light industrial. The properties to the north along Meridian Court are in the process
of being developed commercially. The properties to the east along Meridian Road are
generally residential with some non -conforming commercial uses. The area can be
described as being in an area of transition.
City water and sewer are located in the Meridian Court right-of-way to the north,
which will be extended to the south within the new roadway right-of-way through the
property. There is no public storm sewer system in the area available to serve this
property, therefore an engineered storm water management plan would be developed
which uses on site retention methods at the time the properties are developed. Fire,
police, ambulance and city administrative services will be provided as part of the City
services to these properties.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls •
Jerry and LaVerne Scott - Annexation and Initial Zoning
June 18, 2003
Page 2
A public hearing was held before the Kalispell City Planning Board on June 10, 2003
regarding this matter. There was some opposition from the property owners to the
south regarding the proposed zoning because of potential impacts of the potential
uses on the residences in the area. .
A motion was made and passed unanimously by the Kalispell Planning Board to
forward a recommendation to the Kalispell City Council that initial zoning for this
property should be B-2, General Business, upon annexation to the city.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for B-2
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor impacts related to the provision of services.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
A
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 18, 2003
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report KA-03-5 and application materials
Draft minutes from 6/10/03 planning board meeting
RESOLUTION NO. 4807
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 AS LOT 10 HOLLISTER'S
MERIDIAN TRACTS, SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS SCOTT ADDITION NO.331; TO
ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Jerry and LaVerne Scott, the owners
of property located west of Meridian Road between Meridian Court and Second
Street West, requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Jerry and LaVerne Scott's
Annexation Request, #KA-03-5, dated June 2, 2003, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-2, General Business, upon annexation into the City of
Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
KALISPELLNOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
• •
SECTION I. That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Scott Addition No. 331.
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 its
citizens and property shall be subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION 111. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 7TH DAY OF JULY, 2003.
Pamela B. Kennedy
Mayor
Evvy=v
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity(a,centurytel.net
www.tricityplanning-mt.com
June 18, 2003
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Jerry and LaVerne Scott - Annexation and Initial Zoning Upon Annexation of B-2,
General Business - South of Meridian Court
Dear Chris:
The Kalispell City Planning Board met on June 10, 2003, and held a public hearing to
consider a request by Jerry and LaVerne Scott for annexation and initial zoning of B-2,
General Business. A two lot commercial subdivision has been filed concurrently with
this annexation request. The property proposed for annexation and initial zoning is
located west of Meridian Road between Meridian Court and Second Street West and east
of the Burlington Northern railroad tracks. Currently this property is in the West Side
Zoning District and is zoned County R-1, a Suburban Residential zoning district which
has a one acre minimum lot size requirement for newly created lots and is residential in
nature.
Narda Wilson of the Tri-City Planning Office presented staff report #KA-03-5, evaluating
the proposed zoning. Staff recommended initial zoning of City B-2, General Business,
based on the existing County zoning and the Kalispell Growth Policy.
At the public hearing the applicant spoke in favor of the project. There was one person
from the public who spoke in opposition saying the B-2 zoning was not compatible with
the neighborhood.
After the public hearing the board discussed the proposal. A motion was made and
passed with 5 in favor and 1 in opposition to forward a recommendation that initial
zoning for this property should be B-2, General Business, upon annexation.
Please schedule this matter for the July 7, 2003 regular 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 •
Jerry and LaVerne Scott- Annexation and Initial Zoning
June 18, 2003
Page 2 of 2
Sincerely,
Kalispell City Planning Board
GT/sm
Attachments: Petition to annex (original)
Exhibit A - legal description
Staff report #KA-03-5 and application materials
Draft minutes 6/10/03 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Jerry &, LaVerne Scott, 20 So Meridian Road, Kalispell MT 59901
Paul J. Stokes &, Associates, Inc., 343 First Ave. W, Kalispell, MT 59901
Jerry and LaVern Scott Annexation
Cost of Services Analysis
Once annexed to the City, full City services will be made available to the property owner.
Any necessary infrastructure associated with this development will be required to be
constructed in accordance with the City of Kalispell's Design and Construction standards
and any other development policies, regulations or ordinances that may apply.
Number of Dwelling Units within the Subdivision
N/A
Estimated Increase in Population: (based on US Census Figure of 2.2 per household)
N/A
Cost of Services
Per capita costs
• Fire: $68.84 per person per year.
Additional costs to the fire department N/A x 68.84 = unknown
• Police: $110 per resident per year.
Additional costs to the police department N/A x 110.00 = unknown
• Administration: $39.48.
Additional cost to administration N/A x 39.48 = unknown
• Solid Waste:
Additional cost to solid waste
Lineal Feet Costs: (150)
• Roads: $1.14 per lineal foot
Additional cost in road maintenance
• Water: $3.44 per lineal foot
Additional cost in water line maintenance
• Sewer: $5.50 per lineal foot
Additional cost in sewer maintenance
Storm sewer maintenance costs:
Square foot 39,600
• square foot x 0.0052
Total Anticipated Cost of Services:
none for five years
150 x 1. 14 = $ 171
150 x 3.44 = $ 516
150 x 5.50 = $ 825
17, Me,
1
Anticipated Revenue Generated
Assessments based on square footage:
Square feet 39)600
• Storm sewer assessment $0.0052 per square foot
Revenue from storm sewer assessments 39,600 x 0.0052 = $ 206
• Street maintenance assessment $0.0086 per square foot
Revenue from street maintenance assessments 39,600 x 0.0086 = $ 341
• Urban forestry assessment $0.00135 per square foot up to $150
Revenue from urban forestry assessments 39,600 x 0.00135= $ 54
Special Assessments: There are no special assessments.
General revenue•
• Assessed value: $1,040,000
Total assessed value: $1,040,000
Total taxable: 1,040,000 x 0.0346 = $35,984
• Total additional general revenue based on 152.39 mill levy:
35,984 x .15239 = $5,484
Total Additional Annual Revenue:
$6,085
NOTE: This information is based upon assumptions regarding building valuations and
does not take into consideration the build -out time or changes in methods of assessment
and estimated costs associated with services. This information can only be used as a
general estimate of the anticipated cost of services and revenue.
TRANSMITTALS / 2003/ KA03-5CSTOFSVCS
M
density development, but there is a need for it. This
development fits the growth policy and is in line with what
we are doing. He stated that the some of the traffic will be
handled when Meridian is reconstructed next year, and that
the infrastructure will arrive later when money and need
arises.
ROLL CALL (AMENDMENT)
The amended motion passed unanimously on a roll call vote.
ROLL CALL (MAIN MOTION)
The main motion as amended passed unanimously on a roll
call vote.
SCOTT INITIAL ZONING
A request by Jerry and LaVerne Scott for an initial zoning
UPON ANNEXATION
designation of B-2, General Business, on approximately one
acre located west of Meridian Road between Meridian Court
and Second Street West upon annexation to the City of
Kalispell.
Johnson excused himself from the next three items on the
agenda as his firm is providing technical assistance to the
applicants.
STAFF REPORT
Narda Wilson, with the Tri-City Planning Office, gave a
KA-03-5
presentation of staff report KA-03-5, a request for initial
zoning upon annexation of approximately one acre located
west of Meridian Road between Meridian Court and Second
Street West.
Wilson said that the applicants are proposing annexation of
an approximately one acre site into the city, and requesting
an initial zoning of B-2, General Business. Currently the
property is in the County jurisdiction and is zoned R-1, a
Residential designation with a one acre minimum lot size
requirement. She noted that they have filed a minor
subdivision plat with the zoning request and that the
applicants are planning to join with the Kirk property to the
south to create the extension of Meridian Court. Wilson
stated that the initial zoning is the only thing coming before
the Board tonight and the minor preliminary plat request win
go to the City Council. A copy of the proposed plat was
included with the staff report.
Wilson stated that the applicants are asking for annexation
of one acre, and that their house lies to the east along
Meridian, which is the parcel to the east. She stated that
they are two separate lots and the house lies out in the
County and is not proposed for annexation.
Wilson noted that the immediate area is a mix of uses, with
Lee's Meridian Business Park to the north, which was
annexed two years ago. There is a four way stop at Center
and Meridian Road. She said that the plat anticipates the
extension of Meridian Court, and that an easement on
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 9 of 23
Meridian Court was held for a future right of way. She said
that this is a continuation of the same type of development
as is in the business park. She said that there is County R- I
zoning to the south which is also proposed for annexation,
that the property to the east is County R-5 (Duplex) zoning,
and to the west is the railroad tracks. She said that this is a
transition area, with the railroad and Stillwater Forest
Products immediately to the east and Lee's Meridian
Business Park to the north. Wilson stated that it would
involve the extension of water, sewer and roads to the area at
the time it is actually built. She said that the Kalispell
Growth Policy designates this area as Mixed Use, and this
could be considered to be in general compliance with the
growth policy by expanding adjacent and existing commercial
areas and not creating new commercial areas. Wilson stated
that the railroad's proximity to the site does not make it well
suited for housing opportunities and that the property is
better suited for other zoning.
PUBLIC HEARING
The public hearing was opened to those who wished to speak
on the issue.
APPLICANT/AGENCIES
Jerry Scott, applicant. Mr. Scott has lived in the house for 27
years and that the property has been used as horse pasture.
He stated that the area has changed into a transitional area
and he would like B-2 zoning.
PUBLIC COMMENT
Kurt Hafferman, who is building on a lot on Second Street
West. Mr. Hafferman stated that he disagrees with the staff
report and believes that B-2 zoning is incompatible with the
neighborhood, and that it should stay as R-1. He reiterated
that as young residents look for affordable lots within the
city, he believes it is more compatible with residential zoning.
He is mostly concerned with the next applicants asking for
access through a residential area to the lot.
Jerry Scott spoke again and stated that he is not requesting
access from Second Street and they are going to use
Meridian Road.
Ed Engel, Stokes &. Associates. He stated that his company
is working on both the Scott and Kirk properties, and that
the requirement for the extension of the road through Lot 13
has to do with the Kirk project. He said that this project does
not need the access and the discussion is more appropriate
for the next agenda item.
No one else wished to speak and the public hearing was
closed.
MOTION
Anderson moved and Atkinson seconded to adopt staff report
KA-03-5 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the initial
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 10 of 23
zoning for this property should be B-2, General Business, on
approximately I acre upon annexation to the City.
BOARD DISCUSSION
Norton asked Wilson about the proposed split of lot 10 so
that Meridian Court will be extended to access the lot. Will
that be the minor subdivision that will go to Council?
Wilson answered that minor subdivisions do not come before
the planning board, but they were showing them what it
would look like.
Wilson stated the Board did receive an email note from their
office from Russ Heaton who stated that he has no
opposition to the proposal, and that he owns a lot in
Meridian Court.
ROLL CALL
The motion passed on a roll call vote with Hinchey voting
against and Johnson being excused.
KIRK INITIAL ZONING
A request by G.R. Kirk for an initial zoning designation of B-
UPON ANNEXATION
2, General Business, on approximately 3.6 acres located west
of Meridian Road between Meridian Court and Second Street
West upon annexation to the City of Kalispell.
KIRK SUBDIVISION
A request by G.R. Kirk for preliminary plat approval of a six
PRELIMINARY PLAT
lot commercial subdivision on approximately 3.6 acres.
STAFF REPORTS
Narda Wilson, with the Tri-City Planning Office, gave a
#KA-03-12 AND KPP-03-7
presentation of staff report KA-03-12, a request for initial
zoning upon annexation of approximately 3.6 acres located
west of Meridian Road between Meridian Court and Second
Street West. Wilson also gave a presentation of staff report
KPP-03-7, a request for preliminary plat approval of a six -lot
commercial subdivision that was filed concurrently with the
annexation and initial zoning request.
Wilson stated that this is the property to the south of the
Scott's request and that it is 3.6 acres. She said that the
Kirks and Scotts have coordinated development of their
properties so that it provides an extension of Meridian Court.
She said that the applicants are proposing that the City
annex 3.6 acres with an initial zoning of B-2, General
Business. She said that the property is currently zoned
County R-2, Suburban Residential. The proposal is an
extension of the existing commercial zoning to the north,
which is zoned 1-2 in the County to the west (Stillwater
Forest Products). She stated that even further to the east we
may see office uses which transition to residential uses. She
said that the Growth Policy designates this area as mixed
use, B-2, and that it provides opportunities for a mix of uses
including multifamily and that staff recommends B-2 upon
annexation.
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 11 of 23
JERRY AND LAVERNE SCOTT
REQUEST FOR INITIAL ZONING OF B-2 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-03-5
JUNE 2, 2003
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
the initial zoning of B-2 upon annexation to the city. A public hearing has been
scheduled before the planning board for June 10, 2003 beginning at 7:00 PM in the
Kalispell City Council Chambers. The planning board Will forward a recommendation to
the Kalispell City Council for final action.
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The developer
has petitioned annexation and initial zoning classification of B-2, General Business.
The property is in the County zoning jurisdiction and is zoned County R- 1, a Suburban
Residential district. This property will be annexed under the provisions of Sections 7-2-
4601 through 7-2-4610, M.C.A., Annexation by Petition. A six lot commercial
subdivision has been filed concurrently with this annexation request.
A. Petitioner and Owners: Jerry and LaVerne Scott
10 South Meridian Road
Kalispell, MT 59901
(406) 755-0755
Paul J. Stokes &. Associates, Inc.
343 First Ave West
Kalispell, MT 59901
(406) 755-8707
B. Location and Legal Description of Property: The property proposed for
annexation and initial zoning is located west of Meridian Road between
Meridian Court and Second Street West and east of the Burlington Northern
railroad tracks. The properties proposed for annexation can be described as
Lots 10 and 11B of Hollister's Meridian Tracts in Section 13, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana.
C. Existing zoning: Currently this property is in the West Side Zoning District
and is zoned County R-1, a Suburban Residential zoning district which has a
one acre minimum lot size requirement for newly created lots and is residential
in nature.
D. Proposed Zoning: The property owners are requesting City B-2 zoning, a
General Business zoning district, which allows a wide variety of general
commercial, retail, and office type uses as well as multi -family dwellings as
permitted uses.
1
E. Size: The area proposed for annexation and initial zoning contains
approximately one acre.
F. Existing Land Use: This property is currently undeveloped.
G. Adjacent Land Uses and Zoning: The character of the immediate area is an
area in transition from a more traditional residential area on the fringes of
urban Kalispell to part of the commercial area of the west side. This area has
typically accommodated a mix of uses from the Stillwater Forest Products to
the west as well as commercial uses to the north. Over the years, the area has
tended to become more commercial in nature as the city continues to grow.
North: Lee's Meridian Business Park, City B-2 zoning
South: Undeveloped, City R-4 zoning
East: Residences, County R-4 zoning
West: Railroad tracks, County 1-2 zoning
H. General Land Use Character: The general land use character of the area is a
combination of residential in transition, general commercial and some light
industrial. The properties to the north along Meridian Court are in the process
of being developed commercially. The properties to the east along Meridian
Road are generally residential with some non -conforming commercial uses.
The area can be described as being in an area of transition.
I. Availability of Public Services: City water and sewer are located in the
Meridian Court right-of-way to the north, which will be extended to the south
within the new roadway right-of-way through the property. There is no public
storm sewer system in the area available to serve this property, therefore an
engineered storm water management plan would be developed which uses on
site retention methods at the time the properties are developed. Fire, police,
ambulance and city administrative services will be provided as part of the City
services to these properties.
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.
"00 OWMS'ems, MM&F-73 =-W M."On
This property is within the potential utility service area for the City of Kalispell
and the Kalispell City Growth Policy anticipates this area as a Mixed Use area
anticipating residential, office and limited commercial uses. The proposed
zoning would be a continuation of the commercial designation on the
properties to the north. The proposed B-2 zoning district can be considered to
be in general compliance with the growth policy for this area and furthers the
PA
goals and policies of the document by expansion of existing and adjacent,
commercial areas.
NEWOUST3 VO 15 ORAU0 WA0116 ESXS MHEA-ST.-TO U WIN 10-3-M-4 a Weis) sfuika 11 to) $0 1 -*a I S-TQns IN1.4
Rezoning this property may result in additional traffic generated from the
property especially once the property is more fully developed. Primary access
to the site is off of Meridian Court, a City street, which will extended to the
south to connect with Second Street West, providing a grid street system in the
area. An increase in traffic will result from the requested commercial zoning
designation in that it will allow more intensive commercial and residential uses
on the property but additional infrastructure will be developed to accommodate
the increased intensity of uses.
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services are adequate.
Because this annexation will enable the property owners to connect to public
sewer and develop these properties with full public services, the public health
and welfare of the community will be served by encouraging compact
commercial development within established and growing commercial areas.
In. 4-TWITIrer-M,
The proposed commercial zoning designation and allowed uses would be
subject to the development standards of the B-2 district which help to insure
that there is adequate light and air by using building height restrictions and
setbacks as well as landscaping and parking requirements. Conditionally
permitted uses that might be allowed will have special conditions required for
the development.
M-8,57970= "*Or&
The requested zoning designation is consistent with other zoning in the area
and the type of development, which would be anticipated under the growth
policy. The requested zone will prevent the overcrowding of land.
rono Im
No significant increase in the population in the area will result under the
proposed zoning. Designating these properties for commercial development will
allow for the expansion of the west side business areas of Kalispell under this
zoning. The lot size requirements for the district avoid the undue
concentration of people in the area.
KI
Public service, facilities and infrastructure are currently in place to
accommodate the use(s) in the area. No significant impacts to these services
can be anticipated as a result of this zoning proposal.
16TARWRO19, -
'411MM'sime «M, M
The proposed zoning is consistent with the zoning in the surrounding area,
uses in the area and anticipated growth patterns. The proposed zoning is
consistent with the growth policy future land use designation map designation.
The requested zone gives appropriate consideration for the suitability of this
area for the uses in the B-2 zone.
I lir 1
31MONVAO)ONWO 'S irk•nos W I'M75.1 it OISO OrS.11064 d9*1
The general character of the area is in a transition from residential to
commercial. The anticipated uses on the property will be commercial and will
be consistent and compatible with other uses in the area. The requested zone
gives reasonable consideration to the character of the area.
�M -oxim.3toli-is -
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
The most appropriate use of land throughout the jurisdiction appears to be
commercial that would allow a mix of uses. This is generally consistent with
the type of development anticipated by the Kalispell Growth Policy for the area.
It is recommended that the Kalispell City Planning Board and Zoning Commission
adopt staff report KA-03-5 as findings of fact and forward a recommendation to
Kalispell City Council that the initial zoning for this property should be B-2, General
Business, upon annexation.
M
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT: Jerry L. and M. LaVerne Scott
MAIL ADDRESS: 10 South Meridian Road
CITY/STATE/ZIP: Kalispell, MT. 59901
t
INTEREST IN PROPERTY: Owners
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: None
CITY/STATE/ZIP:
INTEREST IN PROPERTY:
- 4- 4.1- * * Alf
OCT - 7 2`;�j2
Olt
PHONE: 406 755-0755
Address of the property: 10 South Meridian Road, Kalispell, MT
Legal Description: Lot 10 Hollister's Meridian Tracts, Section 13, Township 2
North, Range 22 West, P.M.M., Flathead County, Montana.
(Lot and Block of Subdivision; Tract
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: County R-1
The proposed zoning of the above property is: B-2
State the changed or changing conditions that make the proposed amendment
necessary:
The character of the immediate area is commercial to the west and north- with A
.residence and heating -cooling business to the south. The property is on the
-fringes of urban Kalispell and has a mix of uses in the immediate area. This
area has become more commercial in nature as the city continues to arow.
The signing of this application signifies that the foregoing information is true
and accurate based upon the best information available and further grants
approval for Tri-City Planning staff to be present on the property for routine
inspection during the annexation process.
f 0 - 7
(Date)
PETITION NO.:
PETITION TO ANNEX.
AND
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 7-2-46 10, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the .5";, -* Klzv�, 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.
Petiflkner/Owirer
� Jr, 20,0't)-
Petitioner/Owner
Please return this petition to:
Tri-City Planning Office
17 2d St East, Suite 211
Kalispell MT 59901
NOTE: Attach Exhibit A
STATE OF MONTANA )
ss
County of Flathead County
On this day of 0, �, 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 oregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto s h and affixed my Notary Seal th'day and
year in this certificate first above written. �\�) I
Notary` Public, State of M
Residing at
My Commission expires:
STATE OF MONTANA )
ss
County of Flathead County
On this day of _,<A=before me, the undersi ed, a Notary Public for
the State of Montana, personally appeared WAM o C 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
year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
my ha d and axed my Sealithe'day and
o M
Not blic State of Montana }}
Residing at ���t
My Commission expires: ,_� 21 .0 _
On this day of , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
, the and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and axed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, tana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centuryteLnet
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.
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, June 10, 2003 begLuning at 7:00 PU in tfle Kalispell, City
Council Chambers, Kalispell City Hafl, 312 First Avenue East, 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 Wayne Turner for an initial zoning designation of R-4, Two Family
residential upon annexation to the city of Kalispell on approximately 67 acres
located at the northeast comer of Three Mile Drive and Stillwater Road. s
zonmg designation anticipates single family and duplex or townhouse dwellings.
The property is currently in the County zoning jurisdiction and is zoned R-2,
Residential. A preliminary plat for 347 lots as described below is being filed
concurrently with the arm and zoning request. The property proposed for
annexation and zoning, can be described as Assessor's Tract 3 located in Section
1, Township 28 North, Range 22 West,� P.M.M., Flathead County, Montana.
2. A request by Wayne Turner for preliminary plat approval of Empire, Estates, a 347
lot single family and duplex townhouse subdivision located on the northeast
comer of Three Mile Drive and Stillwater Road. I This plat would create lots
intended for duplex townhouse development on the perimeter of the site and
single family lots on the interior of the site. The subdivision would be developed
in accordance with City of KalispeWs design and construction standards. The
preliminary plat is being submitted in conjunction with the annexation of the
property and designation of initial zoning of R-4, Two Family Residential. The
property can be described as Assessor's Tract 3 located in Section 1, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
3. A request by Jerry and LaVeme Scott for an initial zoning designation of B-2,
General Business, upon annexation to the city of Kalispell on approximately one
acre of property located west of Meridian Road between Meridian Court and
Second Street West. The property is currently in the County zoning jurisdiction
and is zoned R- 1, Residential. The B-2 zoning designation anticipates commercial
development. No development proposal has been presented at this time but a
minor subdivision has been filed in conjunction -with the annexation request to
create two commercial lots on the east and west sides of the extension of Meridian
Providing Community Planning Assistance To:
• City of Columbia Falls - City of Kalispell - City of Whitefish •
Court. The property proposed for annexation and zoning can be described as Lot
10 and I 1B of Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition
in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County,
I lfonta-ta-
A request by G.R. Kirk Co. for an initial zoning designation of B-2, General
Business upon annexation to the city of Kalispell on approximately 3.6 acres of
property located west of Meridian Road between Meridian Court and. Second
Street West. The property is currently in the County zoning jurisdiction and. is
zoned R-1, Residential. 'The B-2 zoning designation anticipates commercial and
multi -family development. No development proposal has been presented at this
time but a 6 lot commercial subdivision has been filed in conjunction with this
application as described immediately below. The property proposed for
annexation and zoning can be described as Lots I 1A, 12A and the west portion of
Lots 13, 14 and 15 of Hollistera Meridian Tracts and Lot 13 of Block 1 Meridian
Addition in Section 13, Township 28� North, Range 22 West, P.M.M.,
County, Montana.
5. A request by G.R. Kirk Co. for preliminary plat approval of Kirk Subdivision, a six
lot commercial subdivision located west of Meridian Road between Meridian Court
and Second Street West. This plat would extend Meridian Court to connect with
Second Street West creating a new through roadway with parcels on the east and
west sides of the road. The property contains approximately 3.6 acres. All
subdivision lots would be served by public sewer and water, a new City street and
would be developed in accordance with City of Kalispell standards. The
preliminary plat is being submitted in conjunction with the annexation of the
property and designation of initial zoning of B-2, General Business. The property
can be described as Lots I IA, 12A and the west portion of Lots 13, 14 and 15 of
Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition in Section 13,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana-
6. A request by Ron and Merna Terry for a conditional use permit to allow the
construction of two triplexes on property zoned RA-1, Low Density Residential
Apartment, located on the west side of Fifth Avenue East, north of 18th Street
approximately 600 feet. The single family home located at 1605 Fifth Ave East
would be removed and the triplexes constructed in its place. The property can be
described as approximately the east half of Assessor's Tract 5-5 located in Section
17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
7. A request by William C. Rice for a change in zoning designation from RA-1, Low
Density Residential Apartment, to B-2, General Business, on approximately one
half acre of property located on the west side of Fifth Avenue East, north of 18th
Street East approximately 600 feet. The purpose of the change in zoning is to
accommodate the construction of mini -storage units to be located on this
property and the property adjoining it to the north. The mini -storage facilities are
subject to a conditional use permit and will be considered in conjunction with
this request for a change in zoning. The property proposed for the zone change
can be described as the approximately west half of Assessor's Tract 5-5 located in
Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
8. A request by William C. Rice for a conditional use permit to allow the construction
of a mini -storage facty on property located on approximately one and a half
acres of property located on the west side of Fifth Avenue East, north of 18th
Street East approximately 600 feet Approximately one acre of the property is
currently zoned B-2, General Business, which list mini -storage facilities as a
conditionally permitted use. In conjunction with this request is a proposal to
change the zoning on approximately one half acre on the south end of this
property from RA-1, Low Density Residential Apart3nent, to B-2, General
Business, for the purpose of accommodating a portion of the mini -storage units.
'Ihe property proposed for the mini -storage facilities can be described as the
Assessor-'s Tract 5-2 and the approximate west half of Assessor's Tract 5-5 located
in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
Documents pertaining to these agenda items are on file for public inspection at the
Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and
are available for public review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views and
concerns known to the Board. Written comments may be submitted to the Tri-City
Planning Office at the above address, prior to the date of the hearing, or contact Narda
Wilson, Senior Planner, at (406) 751-1850 for additional information.
Thomas R. Jentz
Planning Director
Page 1 of I
Tricity Planning Office
From: "Russ Heaton" <heaton@digisys.net>
To: <tricity@centurytel. net>
Sent: Sunday, May 25, 2003 4:10 PM
Subject: Jerry and LaVeme Scott development
I have no opposition to their proposal. I own a lot in Meridian Court.
[0707
Tri-City Planning Office
17 Second Street Fast - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
You are being sent this notice becauseyou 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
• this • for additional information.
NGTICE OF PIMLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
The regular •r__Y/, of the Kalispell City Planning Board and Zoning Commission
scheduled for Tnesdayl June 10, 2003 beginning at 7:00 PM in the Kalisvell
Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The pl
board will hold a public hearing and take public comments on the following agen.
items. The board will make a recommendation to the Kalispell City Council who
take final action.
1. A I request by Wayne Turner for an initial zoning designation of R-4, Two Family
residential upon annexation to the city of Kalispell on approximately 67 acres
located at the northeast comer of Three Mile Drive and Stillwater Road. This
zoning designation anticipates single family and duplex or townhouse dwellings.
The property is currently in the County zoning jurisdiction and is zoned R-2,
Residential. A preliminary plat for 347 lots as described below is being filed
concurrently with, the annexation and zoning request. The property proposed for
annexation and zoning can be described as Assessor's Tract 3 located in Section
1, Township- 28 North, Range 22 West, P.M.M., Flathead County, Montana.
2. A request by Wayne Turner for preliminary plat approval of Empire Estates, a 347
lot single family and duplex townhouse subdivision located on the northeast
comer of Three Mile Drive and Stillwater Road. This plat would create lots
intended for duplex townhouse development on the perimeter of the site. and
single family lots on the interior of the site. The subdivision would be developed
in accordance with City of KalispelFs design and construction standards. The
preliminary plat is being submitted in conjunction with the annexation of the
property and designation of initial zoning of R-4, Two Family Residential. The
property can be described as Assessor's Tract 3 located in Section 1, Township 28
North, Range 21 West, P.M.M., Flathead COUXItY, Montana-
3A request by Jerry and LaVeme Scott for an initial zoning designation of, B-2,
General Business, upon annexation to the. city of Kalispell On aPPrOximatelY One
acre of property located west of Meridian Road between Meridian Court and
Second Street West. The property is currently in the County zoning jurisdiction
and is zoned R- 1, Residential. The B-2 zoning designation anticipates commercial
development. No development proposal has been presented at this time but a
minor subdivision has been filed in conjunction with the annexation request to
create two commercial lots on the east and west sides of the extension of Meridian
Providing Community Planning Assistance To:
City of Columbia Falls - City of Kalispell - City of Whitefish
Court. The property proposed for annexation and zoning can be described as Lot
10 and I IB of Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition
in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County,
Uontana-
4. A request by G.R. Kirk Co. for an initial zoning designation of B-2, Gene
Business upon annexation to the city of Kalispell on approximately 3.6 acres -
property located west of Meridian Road between Meridian Court and S=--
Street West. The property is currently in the County zoning jurisdiction and: i
zoned R-1, Residential. The B-2 zoning designation anticipates commercial
multi -family development. No development proposal has been presented at
time but a 6 lot commercial subdivision has- been filed in conjunction with
application as � , described immediately below.' ' The property' proposed
annexation and zoning can be described as Lots 1 1A, 12A and the west portion
Lots 13, 14 and 15 of Hollister's Meridian Tracts and Lot 13 of Block I Merdidii
IM
Addition in Section 13, Township 28. North,� Range 22 West'. P.M.M., F1
County, Montana-
5. A request by G.R. Kirk Co. for preliminary plat approval of Kirk Subdivision, a six
lot commercial subdivision located west of Meridian Road between Meridian Court.
and Second Street West. This plat would extend Meridian Court to connect with
Second Street West creating a new through roadway with parcels on the east and
west sides of the road. The property contains approximately 3.6 acres. All
subdivision lots would be served by public sewer and water, a new City street and
would be developed in accordance with City of Kalispell standards. The
preliminary plat is being submitted in conjunction with the annexation of the
property and designation of initial zoning of B-2, General Business. The property
can be described as Lots I IA, M and the west portion of Lots 13, 14 and 15 of
Hollister's Meridian Tracts and Lot 13 of Block 1 Meridian Addition in Section 13,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana-
6. A request by Ron and Merna Terry for a conditional use permit to allow the
construction of two triplexes on property zoned RA-1, Low Density Residential
Apartment, located on the west side of Fifth Avenue East, north of 18th Street
approximately 600 feet. The single family home located at 1605 Fifth Ave East
would be removed and the triplexes constructed in its place. The property can be
described as approximately the east half of Assessor's Tract 5-5 located in Section
17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
7. A request by William C. Rice for a change in zoning designation from RA- 1, Low
Density Residential Apartment, to B-2, General Business, on approximately one
half acre of property located on the west side of Fifth Avenue East, north of 18th
Street East approximately 600 feet. The purpose of the change in zoning is to
accommodate the construction of mini -storage units to be located on this
property and the property adjoining it to the north. The mini -storage facilities are
subject to a conditional use permit and will be considered in conjunction with
this request for a change in zoning. The property proposed for the zone change
can be described as the approximately west half of Assessor's Tract 5-5 located in
Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
8. A request by William C. Rice for a conditional use permit to allow the construction
of a mini -storage facility on property located on approximately one and a half
acres of property located on the west side of Fifth Avenue East, north of 18th
Street East approximately 600 feet. Approximately one acre of the property is
currently zoned B-2, General Business, which list mini -storage facilities as a
conditionally permitted use. In conjunction with this request is a proposal to
change the zoning on approximately one half acre on the south end of this
property from RA-1, Low Density Residential Apartment, to B-2, General
Business, for the purpose of accommodating a portion of the mini -storage units.
The property proposed for the mini -storage facilities can be described as the
Assessor's Tract 5-2 and the approximate west half of Assessor's Tract 5-5 located
in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
Documents pertaining to these agenda items are on file for public inspection at the
Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and
are available for public review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views and
concerns known to the Board. Written comments may be submitted to the Tri-City
Planning Office at the above address, prior to the date of the hearing, or contact Narda
Wilson, Senior Planner, at (406) 751-1850 for additional information.
1q::7 I �)IIRA
fJ
Thomas R. Jentz
Planning Director
'
,20
The Daily Inter Lake, Sunday, May 25, 20D3--
asdescribed below is
filed concurrently
with the annexation and
zoning request. The
property proposed for
annexation and zoning
can be described as As-
sessor's Tract 3 located
in Section 1, Township
28 North, Range 22
West, P.M.M., Flathead
County, Montana.
2. A request by Wayne
Turner for preliminary
plat approval of Empire
Estates, a 347 lot single
family and duplex town-
house subdivision locat-
edonUmnortheastmor-
nerofThee Mile Drive
and Stillwater Road'.
This plat would create
lots intended for duplex
townhouse development
on the perimeter of the
site and single family
lots on the interior of the
site. The subdivision
wouldb developed in
accordance with City of
Kalispell's design and
construction standards-.
The preliminary p|ouis
being ubittedincort-
junction with the annex-
ation of the property and
designation of initial
zoning of R-4, Two
Family Residential. The
property can be descri-
bed as Assessor's Tract
3 located in Section
Township 28 North,
Range 21 West,
P.M.M., Flathead Coun-
ty, Montana.
3. A request by Jerry
and LaVerne Scott for
an initial zoning desig-
nation of B-2, General
Business, upon annexa-
tion to the city of Kalis-
pell on approximately
one acre of property lo-
cated west of Meridian
Road between Meridian
Court and Second
Street West. The pmp-
$rtyieourronUyinthe
County zoning mhagicr
Uon and /nzoned R-11,
Residential. The B'2
Zoning deuignahonm*
ticipates commercial de-
velopment. No develop-
ment proposal has been
presented at this time
but a minor subdivision
has been filed incon-
junction
annex-
ation request to create
two commercial lots on
the east and west sides
oithe extension ofMeri-
dian Court. The proper-
ty pmpooedfo,annexa-
tion and zoning can be
described asLot 10and
11Bu/HoUimmreMeridi-
an Tracts and Lot 13of
Block 1 MehdianAddi-
tinn in Section 13.
Township 28 North,
Range uo West,
P.M.M., Flathead Coun-
ty, Montana.
Kirk Co. for an initial
zoning designation of B-
2. General uuumeoo
upon annexation to the
city of Kalispell on ap-
proximately 3.6 acres of
property located west of
Meridian Road between
Sec-
ond Street West. The
propertyi
the County zoning juris-
diction and is zoned R-
1. Residential. TheB-2
zoningdesignation
ticipates commercial
and multi -family devel-
opment. No develop-
ment proposal has been
presented at this time
but a 6 lot commercial
subdivision has been
filed inconjunction with
this application de-
scribed
low. The property pro-
posed for annexation
and zoning can be de�
scribed as Lots 11A,
12A, and the west por-
tion of Lots 13, 14 and
15 of Hollister's Meridi-
enTractsmnd Lot 18of
Block 1 Meridian Addi-
tion in Section 1
Township 28 North,
Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
Kirk Co. for preliminary
plat approval of Kirk
Subdivision, a six lot
commercial subdivision
located west of Meridian
Road between Meridian
Court and Second
Street West. This plat
would extend Meridian
Court toconnect with
Second Street YYaot
creating o new through
roadway with parcels on
the east and west sides
of the road, The proper-
ty contains approxi-
mately 3.6 acres. All
subdivision lots would
be served by public
sewer and water, anew
City street and would be
developed inaccord-
ance with City o[Kalis-
pell atanda/do. The pre-
liminary plat is being
submitted in conjunction
with the annexation nf
the property and desig-
nation ofinitial zoning m*
B-2. General Business.
The property can bode -
scribed as Lots 11A.
12A, and the west por-
tion of Lots 13, 14and
15ofHoUister'n Merid|-
anTracts and Lot 13of
Block MoridianAddi-
Uon in Section 13,
Township 28 North,
Range uo West,
P.M.M., Flathead Coun-
ty, Montana.
6. A request by Ron
and Merna Terry for a
conditional use permit to
allow the construction of
two triplexes on
ty zoned RA-1, Low
Densitv Residential
Apartment, located on
the west side of Fifth
Avenue East, north of A
18th Street approxi-
mately 600 feet. The
single family home lo- 21
cated at 1605 Fifth Ave
East would be removed
and the triplexes con- .1
structed in its place... -t
The property can be de- I
scribed as approximate-, A
ly the east half of As-,
sessor's Tract 5-5 locat-
ship 28 North, Range 21- AA
County, Montana.
7. A request by Wil-
liam C. Rice for a
change in zoning desig-
nation from RA-1, Low
Density Residential
eral Business, on ap--
proximately one half -.I
acre of property located,`l
on the west side of Fifth."
Avenue East, north of
18th Street East approxl.�
imately 600 feet. The,
purpose of the chang&
of mini -storage units ta,_j
be located on this prop�
erty and the property 1
adjoining it to the north—,
The mini -storage facili.-I
ties are subject toar,'
conditional use permit
and will be considered -
in conjunction with this.
request for a change im,
zoning. The property,
proposed for the zone
change can be descri—
bed as the approximate-
ly west half of Asses-
sor's Tract 5-5 located.
in Section 17, Township
28 North, Range 21
County, Montana.
8. A request by Wil-
liam C. Rice for a condi-
tional use permit to al-
low the construction of a,
mini -storage facility on
property located on ap-
proximately one and
one-half acres of prop-
erty located on the west
side of Fifth Avenue
East, north of 18th
Street East approxi-
mately 600 feet. Ap-
proximately one acre of
the property is currently -
zoned B-2, General
Business, which list
mini -storage facilities as
a conditionally permitted
use. In conjunction with
this request is a propos�
al to change the zoning
on approximately one
half acre on the south
end of this property from
RA-1, Low Density Res-
idential Apartment, to B-
2, General Business, lor
the purpose of accom-
modating a portion of
the mini -storage units.
The property proposed
for the mini -storage fa-
cilities can be described
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