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I1a. Reso 5778 - De-annexation - TrippelPLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT MEETING DATE: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalist)ell.com/planninti M01ff"A Doug Russell, City Managerm PJ Sorensen, Planner Montana Chip Partners and Kraig Trippel Land Trade Resolution 5778 - Resolution to Exclude Land September 6, 2016 BACKGROUND: The subjects of this action are two adjoining parcels located near the western end of West Montana Street, and to the north of the railroad tracks. One of the parcels is in the city, owned by Montana Chip, LLC, and is used as a mini -storage facility. The second parcel is owned by Kraig Trippel and is in the county in an area wholly surrounded by the city. Please note that while the land owned by Kraig Trippel is wholly surrounded by the city at this time, state law prevents the city from simply annexing all of the Trippel property under the wholly surrounded statues. A provision in MCA Section 7-2-4503(2) prohibits a city from forcibly annexing wholly surrounded land used for industrial purposes. The property address of the second parcel is 66/68 81h Avenue West North, and can be described as Tract IAE in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (Parcel 1 of Certificate of Survey 18419). If these actions are approved, approximately 15,742 square feet of the property will be added to the Montana Chip property through a boundary line adjustment for the purposes of developing storm drainage facilities, and an equal amount will be added to the Trippel property. The applicants in the city would ultimately like their 15,472 square feet of land that they are trading for, annexed into the city so that all of their ownership stays in the city. Mr. Trippel, whose entire tract now is outside the city, would like his 15,472 feet of newly traded land to be de -annexed, so that he can keep his entire ownership outside the city limits. The trade would also allow both properties the opportunity to square up their property and make them more conforming to traditional lot design. In order to accomplish the land trade, there is a two -track process through the city. Although the annexation and de -annexation are separate steps in the process, it is important to understand that they are part of the same deal and go hand -in -hand. The property to be annexed needs to go through the process for annexation and initial zoning. They have submitted their application and the public hearing was held at the Planning Board on July 12. The Board voted to recommend approval of the annexation and zoning. The action for annexation and initial zoning for the property coming into the city will be considered by City Council under a separate action at this meeting. Another portion of the process is the de -annexation (a/k/a "exclusion" of land under state statutes). This process is set forth in the state statutes. h1 general terms, the City Council began the formal process by adopting a resolution of intent to exclude land, at its regular meeting on August 1. Public notice was provided for a twenty (20) day comment period. At the time of this writing, no comments have been received. Additionally, Mr. Trippel has applied to Flathead County for zoning of the property to be de -annexed, as that would fall under county jurisdiction. With the twenty day comment period concluded, the City Council may now consider the resolution to de -annex the property. RECOMMENDATION: It is recommended that the Kalispell City Council move to approve the Resolution to Exclude Land. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Not approve the Resolution to Exclude Land which would end the process to de -annex the property, and effectively terminate the proposed land swap. ATTACHMENTS: Proposed Boundary Line Adjustment map & narrative Resolution 5778 Petition to Exclude Land Correspondence from Montana Chip Partners Public Notice (Newspaper) Public Notice to Property Owners Report compiled: August 23, 2016 c: Aimee Brunckhorst, Kalispell City Clerk 2 ,? Village Loop Kalispell, MY' 59901 (406) 755-6481 JOB NO: DRAWING DATE. REVISED: FORIOWATERS.- WAT008100DWO Proposed Boundary Line Adjustment PLC 7 420904 11 GA12 CA IF.- L L Lpl-, e MAY 4, 2016 In Gov't. Lot 4 SEC. 7, T28M, R.21W., Pff,,11. .TUNE 27, 2016 FLATHEAD COUNTY, MONTANA MONTANA CHIP, LLC KRAIG TRIPPEL SCALE 1 100' LEGEND: 0 Set 112 , �24 " Rebar 8e Cap (79755) Found 1/9" Rebar & Cap (79 75S) * Found 518" Rebar & Cap (25205) * Found 5/8" Rebar & Cap (25205) * Found 5/8" Rebar Ivey 14TO "AV! V,06 ex 6AA,9 COS PARCEL"Am 15,472 SqXt. Montana Chip, LLC to Trippel r4-- C-1 R.R. Spur &0 ti-34*45'39' R468-30- A -202652 R-468,30'--, L -20. 01 (Ra cjjqjL ]V5F59-'0- o 'V A - 16*20 '51 R-468.30', L-133.61' ty T; tadjOk �7p6�51 147 w agilm" tq 6-30-48'26r pg R:461819�' L 25.8 NPARCEL I I (COS .1,64,19) '��Osl POB P-'B' PARCEL "B" 15,472 Sq.Ft Tzipple to Montana Chip, LLC Se � g.60 6-V S70 WA m- ------ -- ----- rr C� Cf ---- 0 13100 EXHIBIT A TWO TRACTS OF LAND, SITUATED, LYING AND BEING IN GOVERNMENT LOT 4 OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: DESCRIPTION: PARCEL A (Montana Chip, LLC to Tripple) BEGINNING at the northwest corner of Parcel I of Certificate of Survey No. 18419 (records of Flathead County), which is a found iron pin; Thence S 1.3041'08"E 77.00 feet to a found iron pin and the point of curvature of a 468.30 foot radius curve, concave to the northwest (radial bearing of S75°51'47"W); Thence southwesterly along a curve to the right, through a central angle of 30°48'26", for an arc length of251.80 feet to a set iron pin; Thence N 13°42' 14"W 317.3 5 feet to a set iron pin; Thence N76° 18'52"E 64.29 feet to the point of beginning and containing 15,472 Square Feet; Subject to and together al appurtenant easements of record. DESCRIPTION: PARCEL B (Tripple to Montana Chip, LLC) Commencing at the northwest corner of Parcel I of Certificate of Survey No. 18419 (records of Flathead County), which is a found iron pin; Thence S76°18'52"W 64.29 feet to a set iron pin; Thence S 13°42'14"E 317.35 feet to a set iron pin; Thence continuing S 13042' 14"E 188.10 feet to a set iron on the northerly R/W of the Burlington Northern Santa Fe Railroad; Thence along said R/W S76117'46"W 207.11 feet to a found iron pin on a 46830 foot radius curve, concave to the northwest (radial bearing of N38°34'08"W); Thence leaving said Railroad R/W northeasterly along a curve to the left, through a central angle of 34°45'39", for an are length of 284.11 feet to the point of beginning and containing 15,472 Square Feet; Subject to and together all appurtenant easements of record. Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO.5778 A RESOLUTION EXCLUDING CERTAIN TERRITORY FROM THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, PART 48, M.C.A. (EXCLUSION OF LAND), COMPRISING A TRACT OF LAND DESCRIBED ON EXHIBIT "A" AND FURTHER DESCRIBED AS TRACT 1AE IN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND SETTING AN EFFECTIVE DATE. WHEREAS, two adjacent property owners, Montana Chip, LLC and Kraig Trippel, seek to exchange portions of property located at the western end of West Montana Street, through a boundary line adjustment, one parcel being outside the city, but wholly surrounded by the city and the other parcel being in the city; and WHEREAS, as an element of this transaction a petition has been made to annex a portion of the property into the city and a petition has been made to exclude a portion of the property from the city; and WHEREAS, as further consideration in this petition to exclude property from the city, the petitioner has agreed to abandon all use of its portion of private railway track currently in place; and WHEREAS, the City Council of the City of Kalispell finds that the petition to exclude the property was signed by a qualified elector, that the territory is within and on the border of the corporate limits, and the granting of the petition is in the best interest of the City of Kalispell and its inhabitants and will not materially impair the symmetry of the City of Kalispell; and WHEREAS, the City Council of the City of Kalispell, on August 1, 2016, passed Resolution 5766, a Resolution of Intention to Exclude Certain Territory from the City of Kalispell and setting a public hearing for September 6, 2016; and WHEREAS, on September 6, 2016, the City Council of the City of Kalispell held a public hearing after due and proper notice, and received no protests on the request to exclude that certain property; and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed exclusion, the City Council of the City of Kalispell finds that it is in the best interest of the City to exclude that territory more particularly described on Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That the certain territory described on Exhibit "A" is hereby excluded from the corporate limits of the City and the boundaries of the City are so altered so as to exclude the same. SECTION 2. This resolution shall become effective contemporaneous with the action of the Flathead County Commissioners to apply a county zoning land use designation to the subject property. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 6TH DAY OF SEPTEMBER, 2016. ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" Mark Johnson Mayor BEGINNING at the northwest corner of Parcel 1 of Certificate of Survey No. 18419 (records of Flathead County), which is a found iron pin; Thence S 13°41'08"E 77.00 feet to a found iron pin and the point of curvature of a 468.30 foot radius curve, concave to the northwest (radial bearing of S75°51'47"W); Thence southwesterly along a curve to the right, through a central angle of 30°48' 26", for an arc length of 251.80 feet to a set iron pin; Thence N 13 °42' 14"W 317.35 feet to a set iron pin; Thence N76° 18' 52"E 64.29 feet to the point of beginning and containing 15,472 Square Feet; Subject to and together all appurtenant easements of record. Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 wwN,v.k,,i.lisl)ell.com/pla-tinin(-, PETITION TO EXCLUDE LAND FROM THE CITY OF KALISPELL NAME OF PETITIONER: MAIL ADDRESS: _cI Iit a ECiE' �, sip z�� CITY/STATE/ZIP:_ PHONE:- (L INTEREST IN' PROPERTY: ; Other Parties of Interest to be Notified: PARTIES OF INTEREST: ` J/1 MAIL ADDRESS: CITY/STATE/ZIP: PHONE: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the property: Legal Description: i):a r7 4 i_ C V3 4/ ig (Lot and Block of Subdivision; Tract #) Z1- 1 I (Section, Township, Range) (Attach metes and bounds as Exhibit A) Attach Exhibit B showing the present boundaries of the City of Kalispell in the vicinity of the land to be excluded, along with the proposed boundaries. List the streets, avenues, alleys, and public places, if any, in the area to be excluded, and specify for each whether they are to be retained for the use of the public after the land has been excluded: r--% 6� Land in area to be excluded (ac): 1' t -1 -4.::�ti. Current estimated market value 5 1"D -)0« at 50% build out '- at 100% build out " Is there any outstanding bonded indebtedness or any indebtedness of any improvement district of which the land proposed to be excluded is a part? Yes No j If yes remaining balance is $ The present zoning of the above property is: :T- 1 C i ; / The proposed zoning of the above property is: State the changed or changing conditions that make the proposed amendment necessary: PJZ113Et?71"/ 0ji,,,ni,1<1Je.-t ,I t290S; N16N The signing of this application signifies that the foregoing infonration is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. The Petitioner hereby respectfully requests that the Kalispell City Council enact a resolution altering the boundaries of the City of Kalispell and exclude the land herein described. CO/Z-'/Z«)ft, (Date) ' 2 157 N. Meridian Rd SECTION 7, T.28N., R.21w. NORTH Montana Chip Partners :L ,, -A, Deannexation P.1 rn Annexation N! IDAHO ST Z Ile- y, B-2 _rit PW �. a'YR �m �'• �� I .�,rt.,:SNOIMIW${4��Yk.'v'w1r• +P � r�Ti., �, r��, � „yy� i��' �u;�;`? �ypy�lv�Frsryars �i T a �tib�t9'�', , rlllwsz�u.U�r'OIYt + r r - ,�:Kl'. a.- r Aw 6w 'd x GCS tTc �,�,.!�'� RiA t ' st ilk 1 +" ..5. i4 '� ti ,magi R c mWK r'4�rI11W p... P Date: June 29th, 2016 Kalispell Planning Dept. File Path :I12016\maiiings005272016 0 225 450 Feet Date: May 20, 2016 To: City of Kalispell Planning Department 201 1 st Ave. East Kalispell, MT 59901 From: Montana Chip Partners 157 N. Meridian Road Suite 109 Kalispell, MT 59901 Subject: Boundary Line Adjustment Gentlemen, We are requesting a Boundary Line Adjustment between Montana Chip Partners and Kraig Trippel. The amount of land is 15,472 SF on both properties. This will allow both properties a straight line configuration vs. the current curved line because of the rail road. This will require annexation of 15,472 SF of property to Montana Chip Partners and deannexation of 15,742 SF from Kraig Trippel. At the time the main rail is removed and service suspended Montana Chip Partners will abandon the current private rail line. See the attached drawing for a clear picture of the Boundary Line Adjustment. No, 23739 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMWiISSION JULY 12. 2016 The regular meeting . of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, July 12, 2016, beginning at 6:00 PM in the . Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will h6ld a public hearing and take public comments on the agenda items listed below: 1.File # KCU-16-04 — A request from Dengar Properties for. a conditional use permit for . an accessory 'casino within the within the B-2 (General Business) Zoning District per Section 27.13.030 of the Kalispell Zoning Ordinance. Currently the property operates as a'restaurant and bar, but the request would include an area for casino gaming , as an accessory use to the restaurant. An accessory casino is limited to 200/6 of the floor area of the primary use and screened from view of the primary use and Patrons. The current building footprint is 5,174 square feet and the proposed gaming area is 666 square feet, or approximately 13% of the total building footprint. The property is located at 1250 Highway 2 West (Tree. Frog Tavern). The property can be legally described as Lot 1, Pack Addition #91, of Section 12, Township 28 North, Range 22 West,-P.M.,M., Flathead County, Montana. 2.File # KA-16-02 -A request .from Mann Mortgage, LLC to annex an 4.45 acre parcel into the city and zone the land B-2 (General Business) upon annexation. The parcel is located at 837 West Reserve Drive, approximately ? mile east of U.S. 93, The property is currently undeveloped, however, upon annexation the applicant is proposing to build a 24,000 square foot office building. Water and sanitary sewer service are in the vicinity of the property and upon annexation extension will be constructed to serve the property. The property proposed for annexation can be legally described as Tract 2 of Certificate of Survey #19815, of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana. 3.File H KA-16.01 - A request from Montana Chip Partners and Kraig Trippel for annexation and initial zoning of 1-1 (Light Industrial). The property to be annexed contains approximately 15,472 square feet of land currently owned by Kraig Trippei and will be added to an adioining property owned by Montana Chip Partners that is being used as a mini -storage facility. The property to be annexed is currently in the southwest part of STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION ALYSSA PETERSON BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO.23739 LEGAL ADVERTISNIENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF June 26, 2016 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZETYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. _- ------------ Subscribed and sworn to Before me this June 27 20 6 Tract 1AE in section 7, Township 28 North, Range 21 West, P,M.,M., Flathead County, Montana (Parcel 1 of Certificate of Survey 18419). Dorothy I. Gtoss .Documents pertaining to the agenda items are on file for public inspection At the Kalispell Notary PLiblic for the Stine of Montana Planning Department, 201 First Residin- in Kalispell Avenue East, Kalispell, MT p 59901, and .are available for My Corilmissioll expires 9/11/2017 public review during regular Office hours. In addition, information on the agenda item i}OtaOTHY 1. GLEt+CROSS is posted on our website at g°ral ,,y` �� r.OTARY PUBLIC for the Nww•kalispell com/planning cY State, of Montana under "Planning Board Agenda SEAL x Residing at Kalispali, Morltflna & Staff Reports". MY C°rnmfs" -nn Exiros interested persons are o f U 11. ?n 7 encouraged to attend the ---� hearing and make their views and concerns known to the Board. /s/ Thomas R. Jentz June 26, 2016 MNAXLP Planning Department 201 V Avenue East Kalispell, 1V T 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning You are being sent this notice because you are a property owner within 150 feet of one of the proposed projects noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns to the Kalispell Planning Department. You may come into the office in person at the above address or you may contact the office at (406) 758-7940 for additional information. Written comments may be submitted to the Kalispell Planning Department prior to the submission date, or emailed to us at planningCt�,kalispell._�.or i. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION JULY 12, 2016 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, JukV 12, 20M hel;iantift, at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Mall, 201 First Avenue East, Kalispell, The planning board will hold a public hearing and take public comments on the agenda items listed below: File # KCU-16-04 — A request from Dengar Properties for a conditional use permit for an accessory casino within the within the B-2 (General Business) Zoning District per Section 27.13.030 of the Kalispell Zoning Ordinance. Currently the property operates as a restaurant and bar, but the request would include an area for casino gaming as an accessory use to the restaurant. An accessory casino is limited to 20% of the floor area of the primary use and screened from view of the primary use and patrons. The current building footprint is 5,174 square feet and the proposed gaming area is 666 square feet, or approximately 13% of the total building footprint. The property is located at 1250 Highway 2 West (Tree Frog Tavern). The property can be legally described as Lot 1, Pack Addition#91, of Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. 2. File # KA-16-02 — A request from Mann Mortgage, LLC to annex an 4.45 acre parcel into the city and zone the land B-2 (General Business) upon annexation. The parcel is located at 837 West Reserve Drive, approximately % mile east of U.S. 93. The property is currently undeveloped, however, upon annexation the applicant is proposing to build a 24,000 square foot office building. Water and sanitary sewer service are in the vicinity of the property and upon annexation extension will be constructed to serve the property. The property proposed for annexation can be legally described as Tract 2 of Certificate of Survey 419815, of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana. 3. File # KA-16-01 — A request from Montana Chip Partners and Kraig Trippel for annexation and initial zoning of 1-1 (Light Industrial). The property to be annexed contains approximately 15,472 square feet of land currently owned by Kraig Trippel and will be added to an adjoining property owned by Montana Chip Partners that is being used as a mini -storage facility. The property to be annexed is currently in the southwest part of Tract Montana Chip Partners 157 N Meridian Rd, Ste 109 Kalispell, MT 59901 K & E, LLC 160 8'h Avenue WN Kalispell, MT 59901 GNP, LLC 65 8'b Avenue WN Kalispell, MT 59901 Burton Land, LLC PO Box 10646 Kalispell, MT 59904 West North Management, Inc PO Box 4738 Butte, MT 59702 Kraig Trippel Ryan Perkins 590 Prairie View Rd 155 8'h Avenue WN Kalispell, MT 59901 Kalispell, MT 59901 Debbie & Scott Ulrich Glen Flaget 33066 West Rocky Island Circle 475 Meadow Hills Drive Sutton, AK 99674 Kalispell, MT 59901 Nartask Industries, LLC Dawson & Sandra Glazier 805 West Center Street PO Box 103 Kalispell, MT 59901 Kalispell, MT 59903 Northwest Machinery, Inc. Gerald & Hattie Stahlberg PO Box 47 PO Box 47 Kalispell, MT 59903 Kalispell, MT 59903 BNSF Railway Co. PO Box 961089 Fort Worth, TX 76131