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:
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* Found 518" Rebar
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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
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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