01. Resolution 4736 - Annexation Request - Ole's Country StoreTri-City Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Annexation and Initial Zoning of B-2, General Business, for
Ole's Country Store SE corner of Hwy 93 and W Reserve Drive
MEETING DATE: August 5, 2002
BACKGROUND: This is a request for annexation and the assignment of initial zoning
for property being annexed into the city located on the southeast corner of Hwy 93
and West Reserve Drive on approximately 1.5 acres where Ole's Country Store and
other small businesses are currently located. The applicant is requesting the
assignment of B-2, a General Business zoning designation upon annexation into the
city. Currently the property is in the County zoning jurisdiction and is zoned B-1, a
Neighborhood Professional Business zoning district. This zoning was appropriate at
the time it was given since there was no other commercial development in the area
and because it functions as a small corner store. However, recently the Mountain
View Plaza / Home Depot site has been given a zoning assignment of B-2 / PUD, a
General Business zoning district with a PUD overlay. Additionally, the State School
Section property to the west was given a B-5 / PUD zoning assignment that is a
Commercial Industrial district with a PUD overlay. In light of this the change from B-
1, a neighborhood commercial zoning district, to B-2, a commercial zoning
designation with a broader and more general use category is consistent with the other
zoning in the immediate area. The property is being annexed so that it can receive
City services. The property owners have already extended water and sewer to the site
and have connected. Fire hydrants were put in place at the time the utilities were
extended and comply with the fire marshal's requirements.
On July 9, 2002 the Kalispell City Planning Board held a public hearing to consider the
appropriate zoning for the property upon annexation to the city. Staff recommended
approval of the proposed B-2 zoning and no one spoke at the public hearing. A motion
was made and passed unanimously by the planning board to recommend B-2, General
Business, zoning upon annexation into the city. .
RECOMMENDATION: A motion to adopt the first reading of the ordinance for B-2
zoning upon annexation would be in order.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Ole's Country Store Annexation and Initial Zoning
July 18, 2002
Page 2
FISCAL EFFECTS: Some potential positive effects.
ALTERNATIVES: As suggested by the city council.
Respectfully Submitted,
Narda A. Wilion Chris A. Kukulski
Senior Planner City Manager
Report compiled: July 18, 2002
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report KA-02-8 and application materials
Draft minutes from 7/9/02 planning board meeting
H: \FRDO\TRANSMIT\KALISPEL\2002\KA02-8MEMO. DOC
RESOLUTION NO.4736
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
KNOWN AS OLE'S COUNTRY STORE ADDITION NO.316; 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 MGS Partners, the owners of
property located on the southeast corner of Highway 93 North and West Reserve
Drive and described in Exhibit A, attached hereto and thereby made a part hereof,
requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on MGS Partner's Annexation
Request, #KA-02-8, dated July 2, 2002, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be annexed into the City of Kalispell, and
WHEREAS, said territory is included within and conforms to the Kalispell City -County Master
Plan, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described in Exhibit A, be annexed to the
City of Kalispell and the boundary of the City is altered to so provide, and shall be
known as Ole's Country Store Addition No. 316.
SECTION ll. 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 IIl. 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 5TH DAY OF AUGUST, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER (NWl/4NW1/4) OF SECTION 31, TOWNSHIP 29 NORTH,
RANGE 21 WEST, P.M,M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS:
Commencing at the Northwest comer of said Section 31; thence
South 89°34'39" East and along the North boundary of said Section 31 a distance of 69.32 feet to a
point; thence
South 00°21'21" West and leaving the North boundary of said Section 31, a distance of 60.00 feet
to the true point of beginning of the tract of land herein described and which is the point of
intersection of the Southerly R/W of a county road known as West Reserve Drive and the Easterly
R/W of said US Highway No. 93; thence
South 89°42'44" East and along the Southerly R/W of said county road a distance of 311.50 feet to
a point; thence
South 18°27'35" West and leaving said Southerly R/W a distance of 252.60 feet to a point; thence
North 89°42'44" West a distance of 233.01 feet to a point which is on the Easterly R/W of said U.S.
Highway No. 93 a distance of 240.00 feet to the Place of Beginning.
Shown as Tract 1 on Certificate of Survey No. 7860
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centu rytel.net
July 19, 2002
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of B-2, General Business, for
Ole's Country Store - SE Corner Hwy 93 and West Reserve Drive
Dear Chris:
The Kalispell City Planning Board met on July 9, 2002, and held a public hearing to
consider initial zoning for property located on the southeast corner of Hwy 93 and
West Reserve Drive proposed for annexation to the city. The property to be annexed
is Ole's Country Store, a small commercial complex on approximately 1.5 acres. The
property is currently in the County zoning jurisdiction and is zoned 13-1, Neighborhood
Professional Business. The applicant are proposing B-2, General Business, zoning
upon annexation. The property owners have extended water and sewer to the site and
have connected.
Narda Wilson with the Tri-City Planning Office presented staff report #KA-02-8,
evaluating the proposed zoning noting that the proposed zoning is consistent with the
zoning in the area with the Mountain View Plaza / Home Depot project to the south
and east which is zoned B-2 / PUD, General Business, with a PUD overlay. No one
spoke at the public hearing.
After the public hearing the board discussed the zoning for the property and other
uses in the area and the uses on the site. A motion was made and passed
unanimously to forward a recommendation that initial zoning for this property should
be B-2, General Business, upon annexation.
Please schedule this matter for the next regular city council meeting on August 5,
2002. You may contact this board or Narda Wilson at the Tri-City Planning Office if
you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
e �/ ,, y7ac'-
Ron Van Natta
President
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Ole's County Store Annexation and Initial Zoning
July 18, 2002
Page 2
RVN/NW
Attachments: Original petition to annex and legal description
Staff report #KA-02-8
Draft minutes 7/9/02 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: MGS Partners, 2490 Hwy 93 North, Kalispell MT 59901
H: \ FRDO \TRANSMIT\KALISPEL\2002 \ KA02-8.DOC
Brechel stated his wife works for Carver Engineering.
Atkinson clarified there was no financial gain and did not
have a problem with it. No other board members had a
problem with Brechel remaining seated to the board.
APPLICANT/AGENCIES
No one wished to speak.
PUBLIC HEARING
The public hearing was opened to those who wished to speak
on the issue.
PROPONENTS
No one wished to speak.
OPPONENTS
No one wished to speak and the public hearing was closed.
MOTION
Atkinson moved and Anderson seconded to adopt staff report
KA-02-9 as findings of fact and forward a recommendation to
the Kalispell City Council to adopt R-4, Two -Family
Residential, upon annexation.
BOARD DISCUSSION
Atkinson asked and Wilson answered that this is phase four
and they still have three more phases.
Johnson asked if this has been to site review and Public
Works. Wilson said Public Works has reviewed it and it went
to site review with the preliminary plat. She noted it would
go to site review again when final plat comes in. She said the
City had already committed to services when the preliminary
plat was approved.
ROLL CALL
The motion passed unanimously on a roll call vote.
MGS PARTNERS / OLE'S
A request by MGS Partners for an initial zoning designation
COUNTRY STORE
of B-2, General Business, upon annexation into the city of
Kalispell on approximately 1.50 acres that lies on the
southeast corner of Hwy 93 and West Reserve Drive.
STAFF REPORT
Narda Wilson, of the Tri-City Planning Office, gave a
#KA-02-8
presentation on staff report KA-02-8, a request for
annexation and initial zoning of B-2, General Business.
Wilson explained the B-2 district is intended to provide areas
for retail sales and services which might require outdoor
display of merchandise and would service the general needs
of the motoring public. The B-2 areas in the City are
typically located along major transportation corridors. Staff
reviewed the statutory criteria and recommended the board
forward a recommendation to council that the initial zoning
be B-2, General Business, upon annexation.
APPLICANT/AGENCIES
No one wished to speak.
Kalispell City Planning Board
Minutes of the meeting of July 9. 2002
Page 2
PUBLIC HEARING
The public hearing was opened to those who wished to speak
on the proposal.
PROPONENTS
No one wished to speak.
OPPONENTS
No one wished to speak and the public hearing was closed.
MOTION
Spooner moved and Atkinson seconded to adopt staff report
KA-02-8 as findings of fact and recommend to the Kalispell
City Council that the initial zoning for this property should
be B-2, General Business, upon annexation.
BOARD DISCUSSION
Atkinson asked and Wilson answered the Home Depot site is
zoned B-2 with a PUD overly. Wilson explained the property
owners got water and sewer connection concurrent with their
application for annexation to save time.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
Brechel opened discussion on the Extension of Services Plan,
adopted in 1995. Wilson explained the City of Kalispell is
working on a facilities plan, which will assess the overall
sewer collection and water distribution systems, with
projections for growth. She said it would be complete within
the next several months.
Brechel asked if that included fire and police, and Wilson
explained that it was mostly utilities; water, sewer, storm
water, and maybe lighting. She noted the need for a fire
station up north and if utilities go to Four Corners, a need
for a southern satellite station perhaps as well.
A brief discussion followed regarding the tax implications of
annexing and Wilson concluded she was not well versed
enough to comment on such a complex issue. She added
that the issue of whether to annex or not is not up to the
planning board, but the board's only issue is the appropriate
assignment of zoning upon annexation.
Atkinson addressed Brechel's concern explaining the logic
behind impact fees.
NEW BUSINESS
Rice asked if they needed to do any homework before the
next meeting on the mall issue and Wilson explained the
Wolford project may not be on the next agenda since they
missed the deadline for next month. In any event, the board
should wait until they have the application and
supplemental information in order to know what questions to
ask. She said they would be getting more detailed
information in their packet.
Kalispell City Planning Board
Minutes of the meeting of July 9, 2002
Page 3
MGS PARTNERS / OLE'S COUNTY STORE
REQUEST FOR INITIAL ZONING OF B-2 UPON ANNEXATION
TRi-CITY PLANNING OFFICE
STAFF REPORT #KA-02-8
JULY 2, 2002
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for annexation and initial zoning of B-2. A public hearing has been scheduled
before the planning board for July 9, 2002 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 petitioner
would like to annex in order to receive City services.
A. Petitioner and Owners: MGS Partners
2490 Hwy 93 North
Kalispell, MT 59901
(406) 752-7555
B. Location and Legal Description of Property: The property proposed for
annexation is located at the southeast corner of Hwy 93 North and West Reserve
Drive. The property can be described as Assessor's Tract 3EB located in
Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. Existing zoning: This property is currently located in the County zoning
jurisdiction and is zoned B-1, a Neighborhood Professional Business zoning
district which is intended to provide certain commercial uses that serve the
needs of the residents and not allow the outdoor display and storage of
merchandise. This zoning district is intended to function as an island rather
than as part of a commercial strip.
D. Proposed Zoning: The property owner is requesting City B-2, a General
Business zoning district which is similar in intent and the types of allowable
uses as the County 13-2 zoning. The B-2 district is intended to provide areas for
retail sales and services which might require outdoor display of merchandise and
would service the general needs of the motoring public. The B-2 areas in the City
are typically located along major transportation corridors.
E. Size: The area proposed for annexation and zoning contains approximately 1.5
acres.
F. Existing Land Use: Currently this property is occupied by a small commercial
center that has a convenience store, gas station and one or two other small
businesses. The existing land use will continue to operate as it currently exists.
G. Adjacent Land Uses and Zoning: The character of the immediate area is a mix
of uses with the biggest land use impacts coming from the newly developed
Home Depot and the continuation of the development of Mountain View Plaza
shopping center that includes the development of a Target store currently being
initiated.
North: Undeveloped and residential, County R-1 zoning
South: Mountain View Plaza, City B-2 zoning
East: Mountain View Plaza, City B-2 zoning
West: Section 36 agricultural uses, City B-5 / PUD zoning
H. General Land Use Character: The general land use character of the area is a
mix of uses with a commercial center to the south and east with the new
Mountain View Plaza shopping center, the State School Section to the west
which is intended for a variety of commercial / industrial uses. Other uses in
the area are residential uses to the north and further to the east with
agricultural uses to the south and to the west. The community college also lies
to the south of this side.
I. Availability of Public Services:
Once annexed to the City, full City services will be made available to the property
owner. The subject property is within the Service Area Boundary of the City of
Kalispell as described by the Extension of Services Plan adopted by the City of
Kalispell on November 5, 1995 (Resolution #4241). This broad -based extension of
services plan, together with the "mini -plan" attached at the end of this staff report
comprise the Extension of Services Plan for the annexation.
Utilities and Public Services:
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
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
2
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.
The Kalispell City County Master Plan Map recognizes this area as Commercial
with an orientation toward neighborhood commercial uses because of its
proximity along Hwy 93 and West Reserve Drive. Since the master plan adoption
a change was made to accommodate the general commercial development of
Mountain View Plaza. The current neighborhood convenience store and other
uses does no longer function as an island serving neighborhood needs but could
be considered a continuation of general commercial uses along the highway. The
proposed zoning would comply with the land use designation of Commercial and
the general commercial designation would be consistent with the other uses
anticipated for being located along this highway corridor
The proposed zoning of this property to a general business zoning district is
consistent with exiting zoning in the area and will not result in a change in use
or the level of traffic generated from the site. Hwy 93 South is a major arterial in
the Kalispell Transportation Plan and this area currently accommodates a variety
of general commercial uses appropriately located along this major roadway.
There is no obvious increase in risk related to the proposed B-2 zoning district
which would impede fire or police access to the site. Access for fire and other
emergency services is generally good.
Because this annexation will enable the property owners to connect to public
sewer and develop the property with full public services, the public health and
welfare of the community will be served.
.. .7 re r4 1 ON.. -a ff m= I n 81 W.•. .
This property is currently fully developed and any future redevelopment of the
site with another commercial use which might be planned for this property will
be required to comply with the development standards of the B-2 zoning district,
which assures that there is adequate light and air.
3
The requested zoning designation is consistent with the type of development
which would be anticipated in the area and will not contribute to the
overcrowding of land.
No increase in the concentration of people or the increase in the intensity of use
will result under the proposed zoning. The proposed City zoning is consistent
with the anticipated uses in the area. Furthermore, the development standards
in the district are intended to avoid the undue concentration of people in the
area beyond what the infrastructure and facilities are able to accommodate.
.. uw r • wyrm........ ....UR•1[d•Lffi.Sui.Tii
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.
• �. . .. , •. .. . IsMUPTIMMMUM
. •.-ram . •,r
The proposed zoning is consistent with the anticipated future growth in the area
and current B-2 zoning of the properties in the immediate area to the south, east
and west. These properties have been developed with general commercial type
uses involving large scale retail sales as well as anticipating other high intensity
uses in the immediate area. The proposed zoning gives adequate consideration
to the suitability of the property for the uses allowed under the City B-2 zoning.
• •
The general character of the area is a mix of general commercial, residential,
agricultural as well as the community college in the immediate area. These are
anticipated to have high volumes of traffic and high visibility along the Hwy 93
corridor. The requested zone gives reasonable consideration to the character of
the area and is consistent with other development in the area.
Value of the buildings in the area will be conserved because the uses allowed
under the B-2 would be generally consistent and complementary to other uses in
the area.
0
The most appropriate use of land throughout the jurisdiction is the general
commercial zoning designation being requested. This is consistent with the uses
and other zoning in the area and promotes the stability and neighborhood
character of the immediate area.
It is recommended that the Kalispell City Planning Board adopt Staff Report #KA-02-8
as findings of fact and forward a recommendation to Kalispell City Council that the
initial zoning for this properly should be B-2, General Business, upon annexation.
NW
5
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 RECEIVED
CITY OF KALISPELL
JUN 7 2902
NAME OF APPLICANT: M 65 par�na5 11ITY PI aNNING OFFICE
MAILADDRESS: r�4CD 14AM Cl?s N
CITY/STATE/ZlP:
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PHONE: ?5 Z-155S
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP: PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: R 4qO (- wq q3 N ka.GsAQII MT 5g4o%
Legal Description:
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: l
The proposed zoning of the above property is: 3 Z
State the changed or changing conditions that make the proposed amendment necessary:
CUIMMN2VCIcL{ C iw. `liaS (t npL Q. A (Vt. 4aV�2ct CIA.1t
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.
G-y az.
(Applicant) (Date)
No. 5935 t.13 01 _.NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING COM-
MISSION
West View Estates
Annexation and Initial
Zoning — 58 Acres
West View Estates
Preliminary Plat — 121
Lots
Initial Zoning of R-4 for
Ashley Park Phase IV
Upon Annexation
Initial Zoning of B-2 for
Ole's Country Store
Hwy 93 So Upon An-
nexation
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, July
9, 2002 beginning at
7:00 PM in the Kalispell
City Council Chambers,
Kalispell City Hall, 312
First Avenue East, Ka-
lispell. During the regu-
larly scheduled meeting
of the planning board,
the 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 ac-
tion.
A request by Mark
Owens, dba LBO Limit-
ed Partnership for an in-
itial zoning designation
upon annexation to the
city of Kalispell on ap-
proximately 58 acres of
property located at the
northeastcomerof Still-
water Road and West
Reserve Drive. The
proposal would desig-
nate approximately 42
acres as R-3, Residen-
tial, a single family resi-
dential district; approxi-
mately 9 acres as RA-3,
a Residential Apart-
ment/Office district and
7 acres as B-1, Neigh-
borhood Buffer District,
a limited commercial
district intended to serve
the immediate surround-
ing area. A preliminary
plat for 121 lots as de-
scribed below is being
filed concurrently with
the annexation and zon-
ing request. The proper-
ty proposed for annexa-
tion and zoning can be
described as a portion
of Assessor's Tract 5+
located in Section 25,
Township 29 North,
Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
- A request by Mark
Owens dba Owl Corpo-
ration for preliminary
plat approval of West
View Estates, a 121-lot
subdivision located on
the northeast corner of
Stillwater Road and
West Reserve Drive.
This plat would create
119 lots intended for
single family residential
development on approx-
imately 42 acres, one lot
intended for neighbor-
hood commercial on ap-
proximately 7 acres and
one lot intended for high
density residential office
uses on approximately 9
acres. All of the lots in
the subdivision would
be served by public
sewer and water 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 desig-
nation of initial zoning.
The property can be de-
scribed as a portion of
Assessor's Tract 5+ lo-
cated in Section 25,
Township 29 North,
Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
A request by Dennis
Carver dba Somers
Land Co, for an initial
zoning designation of R-
4, Two Family Residen-
tial, upon annexation in-
to the city of Kalispell on
approximately 10.46
acres that lies on the
west side of Airport
Road and south of Teal
Drive. The property to
be annexed will be plat-
ted as Ashley Park
Phase IV, a residential
subdivision. Currently
this property is in the
County zoning jurisdic-
tion and is zoned R-4,
Two Family Residential.
The property is being
annexed in order to re-
ceive City utilities. The
property proposed for
annexation can be de-
scribed as a portion of
Assessor's Tract 4 lo-
cated in Section 19,
Township 28 North,
Range 21 West,
P.M.M., Rathead Coun-
ty, Montana.
A request by MGS
Partners for an initial
zoning designation of B-
2, General Business,
upon annexation into
the city of Kalispell on
approximately 1.50
acres that lies on the
southeast comer of Hwy
93 and West Reserve
Drive. The property ad-
dress is 2490 Hwy 93
North and is developed
with Ole's Country Store
and other associated
uses. Currently this
property is in the County
zoning jurisdiction and
is zoned B-1, Neighbor-
hood/Professional Busi-
ness. The property is
being annexed in order
to receive City utilities.
The property proposed
for annexation can be
described as Assessor's
Tract 3EB located in
Section 31, Township
29 North, Range 21
West, P.M.M., Flathead
County, Montana.
Documents pertaining
to this agenda item are
on file for public inspec-
tion at the Tri-City Plan-
ning 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 con-
cerns known to the
Board. Written com-
ments may be submit-
ted to the Tri-City Plan-
ning 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.
/slThomas R. Jentz
Thomas R. Jentz _
Planning Director
Sunday, June 23,
2002
1 20
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40 —
INITIAL ZONING UPON ANNEXATION ON APPROX. 1.50 ACRES
FROM COUNTY B-1, NEIGHBORHOOD/PROFESSIONAL BUSINESS
TO B-2, GENERAL BUSINESS, CITY OF KALISPELL
FILE# KA-02-8 SCALE 1" = 400'
PLAT DATE: 6/13/02
H\gis\site\ka02_8.dwg
PETITION NO.:
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 7-24610, 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 Sf ( Rural Fire District under the provisions of Section
7-�3-2127, Montana Code Annotated; d 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 nm 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.
P over/Owner Date
Petitioner/Owner Date
Please return this petition to:
Tri-City Planning Office
17 Second Street East, Suite 211
Kalispell MT 59901
Note: Exhibit A (legal description) must be attached for the petition to be valid.
STATE OF MONTANA )
ss
County of Flathead County
On this day, of �i & fo
the State of Montana onally appeared t
to me to be the person whose name is subscribed to the
to me that he/she executed the same.
IN WI ha,
year in ficate
NOTtRL4,L
tf�k SEgi,
STATE O rr'
�pM1111"M PLO ss
County of Flathead County
;Notary Public for
�� known
and acknowledged
hereunto set my hand and affixed y Notary Seal the
written.
otary Public, S
Residing at
My Commission expires:
and
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 fast above written.
STATE OF MONTANA )
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires:
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 affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
C O M M I T M E N T
File Number: CG-28305-3
F O R T I T L E I N S U R A N C E
SCHEDULE C
The land referred to in this Commitment is described as follows:
A tract of land situated, lying and being in the Northwest Quarter of the
Northwest Quarter, (NWYNW-b) of Section 31, -Township 29 North, Range 21 'West,
M.P.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of said Section 31; thence
South 89°34139" East and along the North boundary of said Section 31 a distance
of 69.32 feet to a point; thence
South 00021121" West and leaving the North boundary of said Section 31 a
distance of 60.00 feet to the true point of beginning of the tract of land
herein described and which is the point of intersection of the Southerly R;;,;
of a county road known as West Reserve Drive and the Easterly R/W of said
U.S. Highway No. 93 thence
South 89042'44" East and along the Southerly R/W of said county road a distance
Of 311.50 feet to a point; thence
South 18027135" West and leaving said Southerly R/W a distance of 252.60 feet
to a point; thence
North 89042'44" West a distance of 233.01 feet to a point which is on the
Easterly R/W of said U.S. Highway No. 93 a distance of 240.00 feet to the
Place of Beginning.
Shown as Tract 1 on Certificate of Survey No. 7860
Us HIGHWAY 2
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