H3. SD 5 Annexation and ZoningPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager YTt'
FROM: Jarod Nygren, Senior Planner
SUBJECT: KA-16-04 — Annexation and Initial Zoning of P-1 (Public) for School District No. 5
MEETING DATE: January 3, 2017
BACKGROUND: A request from School District No. 5 to annex a 24.88 acre parcel into the city and zone
the land P-1 (Public) upon annexation. The property is currently zoned county SAG-10 and undeveloped,
however, upon annexation the property will be developed as an elementary school. Water and sanitary sewer
service are in the vicinity of the property and upon annexation extensions will be constructed to serve the
property. The property is located at the 2100 block of Airport Road. Since the time the application was
submitted a boundary line adjustment has been completed which changed the legal description described in the
staff report. The new legal description is described as Parcel C of Certificate of Survey #20424 in the
Southwest'/a of Section 20, and Northwest 1/4 of Section 29, Township 28N, Range 21W, P.M.,M., Flathead
County, Montana.
The Kalispell Planning Board held a duly noticed public hearing December 13, 2016, to consider the
application request. Staff presented staff report KA-16-04 providing details of the proposal and evaluation.
Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the
City Council that the annexation and initial zoning request be granted.
During the public comment portion of the hearing, a representative of the applicant spoke in favor of the
request. There being no further testimony, the public hearing was closed and a motion was presented to adopt
staff report KA-16-04 as findings of fact, and recommend to the Kalispell City Council that the property be
annexed and the initial zoning of the property upon annexation be P-1. Board discussion concluded that the
request was appropriate, and the motion passed unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Council approve the annexation and first reading of the
ordinance for initial zoning of P-1 (Public).
FISCAL EFFECTS: As a public property special assessments and impact fees will be paid, however, taxes
will not be collected for the general fund.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5796 and Ordinance 1784
Annexation and initial zoning Staff Report KA-16-04
Minutes of the December 13, 2016, Kalispell Planning Board and Application
Materials
Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5796
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS PARCEL C OF CERTIFICATE OF SURVEY #20424
IN THE SOUTHWEST 1/ OF SECTION 20, AND NORTHWEST 1/ OF SECTION 29,
TOWNSHIP 28N, RANGE 21W, P.M.,M., FLATHEAD COUNTY, MONTANA, TO ZONE
SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE,
AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from School District No. 5, Flathead County,
Montana, the owners of the above -referenced property, requesting the City of
Kalispell annex the territory into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-16-04, dated November 30, 2016; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City P-1, Public, on approximately 24.88 acres of land 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property described as Parcel C of Certificate of Survey
#20424 in the Southwest 1/ of Section 20, and Northwest 1/ of Section 29,
Township 28N, Range 21 W, P.M.,M., Flathead County, Montana, be
annexed to the City of Kalispell and the boundary of the City is altered to so
provide.
SECTION 2. 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 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. 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 3RD DAY OF JANUARY, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1784
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS PARCEL C OF CERTIFICATE OF SURVEY #20424
IN THE SOUTHWEST 1/ OF SECTION 20, AND NORTHWEST 1/ OF SECTION 29,
TOWNSHIP 28N, RANGE 21W, P.M.,M., FLATHEAD COUNTY, MONTANA,
(CURRENTLY ZONED COUNTY SAG-10 (10 ACRE SUBURBAN -AGRICULTURE) TO
CITY P-1 (PUBLIC)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, School District No. 5, Flathead County, the owner of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land, currently zoned County SAG-10, 10 Acre
Suburban/Agriculture, be zoned P-1, Public, on approximately 24.88 acres of land;
and
WHEREAS, the property is located at 2100 Airport Road; and
WHEREAS, the School District No. 5 petition was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-16-04, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned P-1, Public, pursuant to Kalispell City Code 27.29.020;
and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November
13, 2016, and after considering the Staff Report #KA-16-04 as well as public
comment and discussion, recommended that the zoning be City P-1, Public, pursuant
to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described P-1, Public, the City Council finds the recommendation of the Kalispell
City Planning Board to zone the property as P-1, Public to be compatible to the
existing neighborhood and consistent with the Kalispell Growth Policy 2020 and
adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State. Etc.
v. Board of County Commissioners, Etc. 590 P2d 602, the essential findings of fact
of KPD as set forth in Staff Report No. KA-16-04.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above as P-1, Public, on approximately 24.88 acres of
land.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS DAY OF JANUARY, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
SCHOOL DISTRICT NO. 5
REQUEST FOR INITIAL ZONING OF P-1, UPON ANNEXATION
STAFF REPORT #KA-16-04
KALISPELL PLANNING DEPARTMENT
NOVEMBER 30, 2016
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request from School District No. 5 to annex into the city limits with an initial zoning
designation of P-1 upon annexation. A public hearing has been scheduled before the
planning board for December 13, 2016, beginning at 6:00 PM in the Kalispell City
Council Chambers. The planning board will forward a recommendation to the Kalispell
City Council for final action.
BACKGROUND INFORMATION
A request from School District No. 5 to annex a 24.88 acre parcel into the city and
zone the land P-1 (Public) upon annexation. The property is located at the 2100 block
of Airport Road. The property is currently undeveloped, however, upon annexation the
applicant is proposing to build a new elementary school. Water and sanitary sewer
service are in the vicinity of the property and upon annexation extension will be
constructed to serve the property.
This report evaluates the application in accordance with state and local regulations.
The annexation request and initial city zoning classification will be reviewed in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property
will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A.,
Annexation by Petition.
A. Petitioner / Owner: School District No. 5
223 1ST Avenue East
Kalispell, MT 59901
B. Location and Legal Description of Properties:
The property under consideration is located along the east side of Airport Road at the
2100 block.
The property to be annexed can be described as Parcel B of Certificate of Survey
# 19901 in the Southwest 1/4 of Section 20, and Northwest 1/4 of Section 29, Township
28N, Range 21W, P.M.,M., Flathead County, Montana.
v
Figure 1: Property Location
C. Existing Land Use and Zoning:
The tract is currently undeveloped and is being used for agricultural purposes.
The current county zoning on the property is SAG-10 (suburban agricultural).
This district is defined as:
"A district to provide and preserve agricultural functions and to provide a buffer
between urban and unlimited agricultural uses, encouraging separation of such
uses in areas where potential conflict of uses will be minimized, and to provide
areas of estate -type residential development."
Permitted uses in this district are generally limited to agricultural and residential
uses. The conditionally permitted uses allow some non-residential uses such as
churches, daycare centers, bed and breakfasts, schools, and golf courses. The
minimum lot size requirement of the County SAG-10 zoning district is 10 acres.
2
D. Proposed Zoning:
The City of Kalispell zoning proposed for the site is P-1 (Public) Zone. The
Kalispell Zoning Regulations state that the P-1 Zone is as follows:
"A public district intended to provide and reserve areas for public uses in order
to preserve and provide adequate land for a variety of community facilities which
serve the public health, safety and general welfare. Such public uses would
include schools, public buildings, parks, airports, jails, utilities, etc. The zoning
district would typically be found in the public land use designation as shown on
the Kalispell Growth Policy Future Land Use Map but can be applied to any land
use designation."
E. Size: The subject property is 24.88 acres.
F. Adjacent Land Uses:
North: County I-2
East: County SAG-10
West: County R-1, R-5 and I-1
South: SAG-10
G. Adjacent Land Uses:
North: Single-family residences, meat packing plant and Ashley Creek.
East: Vacant agriculture land.
West: Single-family residence, Airport Road, salvage yard and Mobile
Home Park.
South: Vacant agriculture land.
H. General Land Use Character:
The general land use category of the area can be described as a mix of uses in
transition. The primary uses within the area are agriculture and single-family.
Additional uses within the vicinity include a meat processing plant, mobile home
park, city wastewater treatment plant, city airport and salvage yard. Much of the
area directly to the north of the subject property is located within FEMA Flood
Zone adjacent to Ashley Creek. This area will likely not be developed.
I. Utilities and Public Services:
City water and sewer mains both terminate within the vicinity of the property to
the south and west. Both utilities will need to be extended to the property.
When annexed, the developer will be required to pay the cost for the utility
extension. The design and sizing of these utilities will be reviewed and approved
by the Kalispell Public Works Department.
Sewer: City of Kalispell if annexed
Water: City of Kalispell if annexed
Refuse: Private Refuse
Electricity: Flathead Electric Cooperative
Natural Gas: Northwestern Energy
3
Telephone: CenturyLink
Schools: School District 5
Fire: City of Kalispell if annexed
Police: City of Kalispell if annexed
I. ANNEXATION EVALUATION
1. Compliance with the growth polio
Two primary mechanisms for managing growth in the City of Kalispell exist
which are to rely on redevelopment and infill within the current city limits or
annexation of outlying areas. A goal of the growth policy is to provide a
comprehensive, effective growth management plan that provides for all the
needs of the community, is adaptable to changing trends and is attuned to the
overall public welfare. Chapter 2, Growth Management, contains the following
goals that are relevant to this particular annexation request:
1. Implement a comprehensive, effective growth management program that
recognizes and upholds the general welfare of the community as well as
individual rights.
2. New urban and suburban development occurs in areas where public
water and sewer are available.
3. Provide adequate areas for growth and expansion with regard to amount,
timing and location.
In addition, to the three cited goals, the city council adopted an annexation
policy in 2011, with a corresponding map as an addendum to the city's growth
policy document. The purpose of the annexation policy is to give the planning
board, the council, and the development community direction when property
owners outside of the city limits are requesting municipal services and
annexation. The property proposed for annexation falls inside the city's direct
annexation boundary.
2. Municipal Services:
Municipal sewer and water mains, are located within the vicinity of the property
to the northwest and can be readily extended by the applicant to serve the site
when the property undergoes development. The Kalispell Sewer treatment plant
lies within 1/4 mile of the site.
The site is currently protected by the South Kalispell Fire District and the
Flathead County Sheriff's office. The applicant has submitted a Notice of
Withdrawal from Rural Fire District. At the time of annexation, the property
will be served by the Kalispell Fire Department. The site lies approximately 1 1/2
miles of fire station 61 and is readily serviceable by the city fire, police and
M
ambulance services all of which now respond to the adjacent neighborhood of
the Ashley Park Subdivision.
Given the level of existing services available to and in place, annexation of the
property will not overburden the municipal services in place.
3. Distance from current city limits:
The project site is adjacent city limits at the northwest corner (Ashely Park
Subdivision), thus annexation will serve to be a logical expansion of the existing
city limits.
4. Cost of services:
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. If annexed, the property owner will be extending
and connecting to city sewer and water at the time of development.
The attached cost of services analysis prepared for this property is for
commercial annexations. The analysis is only an estimate based on a variety of
assumptions. The analysis does not take into consideration changes in
methods of assessment and estimated costs associated with services. The
information can only be used as a general estimate of the anticipated cost of
services and revenue.
The cost to serve the land proposed for annexation is shown in the attached
cost of service analysis - Initial Annexation. As the property is vacant and the
school has not been designed it is not possible to calculate the impact fees and
cost of services for a new elementary school. Additionally, the property will be
tax exempt, however assessment fees can be charged. The total cost of services
is estimated to be $0 at this time since there is no development. Based on the
city's taxation and assessment policies, the property will generate
approximately $26,832.90 in total annual revenue to the city ($0 in taxes and
$26,832.90 in assessments). Based on this analysis, the annexation will be net
gain to the city of approximately $26,832.90.
H. INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. Findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell
Zoning Ordinance. The site is currently zoned county SAG-10. The applicants
are requesting city P-1 (Public) to accommodate the proposed elementary school
use for the entire 24.88 acres. The Kalispell Zoning Regulations state that the P-1
zone is intended to be "A public district intended to provide and reserve areas for
public uses in order to preserve and provide adequate land for a variety of
community facilities which serve the public health, safety and general welfare.
Such public uses would include schools, public buildings, parks, airports, jails,
5
utilities, etc. The zoning district would typically be found in the public land use
designation as shown on the Kalispell Growth Policy Future Land Use Map but
can be applied to any land use designation."
1. Does the requested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy future land use map as
"Urban Residential" which anticipates a P-1 Zoning District. The P-1 Zoning
District states that the P-1 Zone "can be applied to any land use designation."
Additionally, the "Urban Residential' land use category states that "these areas
should have convenient access to neighborhood business districts, parks and
elementary schools." The subject property will be developed by School District
No. 5 as an elementary school.
2. Will the requested zone have an effect on motorized and nonmotorized
transportation systems?
It can be anticipated that the proposed zone change of the property will increase
traffic impacts in the area due to the relatively low density of the area currently
and the higher density that will come with uses provided for within the P-1 Zone,
specifically a new elementary school. The subject property is located along Airport
Road. Airport Road is on the City of Kalispell urban system and is designated as a
minor arterial, which is intended to carry significant volumes of traffic. The site
also has immediate access to the Kalispell Bypass.
Prior to development of the project site a traffic impact study will be required. The
traffic impact study will identify any mitigation measures that need to be
implemented in order to mitigate level of service issues that may be caused by the
development of the property.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. All municipal services including police and
fire protection, water, and sewer service will be made available to the area. The
site is approximately 1 '/2 miles from fire station 61 with good response time.
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification of P-1 will promote the health and general
welfare by restricting land uses to those that would be compatible with the
adjoining properties. Additionally, the P-1 Zone provides for community facilities;
such as, schools, public buildings and parks that will serve the public health,
safety and general welfare of the public.
5. Will the requested zone provide for adequate light and air?
The proposed zoning designation of P-1 with associated development standards,
in tandem with the required landscaping and parking requirements give due
consideration for adequate light and air.
2
6. Will the requested zone promote compatible urban growth?
The requested P-1 Zoning District allows the property to be developed as an
elementary school. The P-1 Zoning District is compatible with the established
land use pattern in this area, which is primarily agriculture and single-family
residential. Once the new elementary school is constructed new residential
development in the area is expected. There is adequate infrastructure and land in
the vicinity of the subject property to provide for future development needs when
those demands arise.
7. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools, parks, and other public requirements?
Public services and facilities are available or will need to be extended to the
property. The site has direct access to Airport Road which is designated and
designed to arterial standards. A traffic impact study will identify any mitigation
measures that need to be implemented in order to mitigate level of service issues
that may be caused by the project. The P-1 Zone itself is intended to provide
schools and parks.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The requested P-1 Zone gives due consideration of the suitability of this property
for the permitted uses in the zoning district, specifically a new elementary school.
A bond was recently passed that allows for the construction of a new elementary
school and the P-1 Zone provides for that use.
9. Does the requested zone give reasonable consideration to the character of the
district?
The proposed zoning is consistent with the city growth policy future land use
designation and is compatible with surrounding development. The general
character of the area is a mix of agricultural and low -density -residential which is
slowly transitioning to a more dense residential character. All of these uses are
compatible uses adjacent a P-1 Zone that is to be developed as an elementary
school.
10. Will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will likely
result after this land has been converted to the P-1 Zoning District. The increase
in the number and concentration of people will come when the property is
developed as an elementary school, which the P-1 Zone provides for as a
permitted use. However, the intensity of the uses of the property would be in
direct relationship to the availability of public services, utilities and facilities as
well as compliance with established design standards. The design standards and
7
availability of utilities would provide the infrastructure needed to insure that there
will not be an overcrowding of the land or undue concentration of people.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the annexation will
allow the current owner access to municipal services and fully develop this lot.
Additionally, the P-1 Zone requested will increase property values, as it provides
for the construction of a new elementary school which will also increase property
values. The zoning requirements stipulated tf 4ithin the P-1 Zoning District outline
uses and standards that will protect the investment of the subject property, as
well as neighboring properties in the vicinity.
12. Will the _requested zone encourage the most appropriate use of the land
throughout the municipality?
The requested zone of P-1 is an appropriate use of the land, as it provides for an
elementary school which is an essential component to the growth of the city. The
proposed zoning is consistent with the city growth policy future land use
designation and is compatible with surrounding development. Additionally,
development should be encouraged in areas where services and facilities are
reasonably available. In this case water and sewer lines are located within a
short distance of the property.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-16-04 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the initial zoning for this property upon annexation be
P-1 (Public) .
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
December 13, 2016
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 6:00 p.m. Board
members present were: Chad Graham, Steve Larch, Doug
Kauffinan, Christopher Yerkes, Rory Young, Charles Pesola &
Ronalee Skees, Tom Jentz, Jarod Nygren and PJ Sorensen
represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Yerkes moved and Lorch seconded a motion to approve the
minutes of the November 9, 2016, meeting of the Kalispell City
Planning Board and Zoning Commission,
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT
None
TEAM DEVELOPMENT, LLC
A request frorn Team Development, LLC for a major subdivision
PRELIMINARY PLAT
of an 8.83 acre parcel into 37 single-family lots. The subject
SOUTHSIDE ESTATES
property is located approximately 100 feet south of the
intersection of Pintail Drive and Merganser Drive.
BOARD MEMBER STEPPED
Board member Young stepped down from the discussion and vote
DOWN
on the Soutbside Estates because he is representing the applicant.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report KPP-1 6-02 for the board.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPP-16-02 as findings of
fact and recorninend to the Kalispell City Council that the
preliminary plat Southside Estates be approved, subject to the
conditions listed in the staff report.
BOARD DISCUSSION
Kauffi-nan asked about proposed utility plans. Nygren stated that
preliminary engineering plans have been submitted and reviewed
by public works.
Lorch asked where the sound barrier wall would be placed.
Nygren advised east of bike path on the property line. Lorch
asked if that could be changed and Nygren said only if the MDT
approved it, which they have not indicated that they would, but
planning staff would support it.
Graham asked about placement of utilities and which direction
they would be extending for future use. Nygren advised they
would be extended to the east but there is no evidence at this time
----.that
the property to the east will develop in the city.
Kalispell City Planning Board
Minutes Of the meeting of December 13. 2016
Page I I
PUBLIC HEARING
Rory Young — Jackola Engineering, 2250 Hwy 93 S. stated he is
representing the applicant. Young said there are no plans to
upgrade any pumps or circuitry, public works will just be doing a
cosmetic upgrade.
MOTION
Lorch moved and Kauffinan seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt staff report
KPP-16-02 as findings of fact and recommend to the Kalispell
City Council that the preliminary plat Southside Estates be
approved, subject to the conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Board member Young returned to his seat,
SCHOOL DISTRICT NO. 5
A request from School District No. 5 to annex a 25.28 acre parcel
ANNEXATION
into the city and zone the land P-1 (Public) upon annexation. The
property is located at the 2 100 block of Airport Road.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report KA-1 6-04 for the board.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KA-16-04 as findings of
fact and recommend to the Kalispell City Council that the property
be annexed and the initial zoning for this property upon annexation
be P- I (Public).
BOARD DISCUSSION
Lorch asked if there is a way to determine the costs for the cost of
services analysis. Nygren advised because it's a school and is tax
exempt they will be paying assessments and Impact fees but
without knowing what structures, etc. will be going there it's
difficult at this point to deten-nine costs. At this time it's being
assessed as vacant land.
PUBLIC HEARING
Aaron McConkey — 3819 Lower Valley Rd. stated he is
representing the applicant. McConkey noted the school district is
working with the neighbors to the north to clean up where the
property line is.
MOTION
Young moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-
16-04 as findings of fact and recon-irriend to the Kalispell City
Council that the property be annexed and the initial zoning for this
property upon annexation be P- I (Public).
BOARD DISCUSSION
None
Kalispell City Planning Board
7
Minutes of the meeting of December 11, 2016
pa(,
ROLL CALL
The motion passed unanimously on a roll call vote.
LOFTS @ ASHLEY
A request for a conditional use permit for a 55 unit multi -family
CONDITIONAL USE PERMIT
apartment complex within the RA-1 (Residential Apartment)
Zoning District. The property is located at 2050 Airport Road in
south Kalispell,
BOARD MEMBER STEPPED
Board member Lorch stepped down from the discussion and vote
DOWN
on the Lofts at Ashley due to a conflict of interest.
MOTION
Kauffman moved and Skees seconded a motion to take the Lofts at
Ashley off the table.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report KCU-1 6-05 for the board.
Nygren noted that there will be some discussion from the
neighbors in regards to the materials proposed as well as the
design of the project; along with some new recommendations they
have for the applicant. He advised the planning board to keep
these in mind when hearing the public, and addressing them before
approving this application.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report KCU-16-05 as findings of
fact and recommend to the Kalispell City Council that the
conditional use permit, be approved subject to the conditions listed
in the staff report.
BOARD DISCUSSION
None.
PUBLIC HEARING
Mike Morgan - 265 W Front St, Missoula - representing applicant
- mentioned materials they are using for this project have minimal
impact on the environment and are easy to replace if damaged.
Garth Schuseke - 2245 Canvasback Court - outlined the new
neighborhood recommendations and gave a copy to the planning
board, which is attached to the minutes.
Lorraine Reid - 2256 Canvasback Ct. - pointed out that the
majority of the neighbors do not want rusty, recycled metal siding
on this project. They would like something more conventional.
MOTION
Skees moved and Pesola seconded a motion to adopt Staff Report
KCU-16-05 as findings of fact and recommend to the Kalispell
City Council that the conditional use permit, be approved subject
to the conditions listed in the staff report.
BOARD DISCUSSION
Graham stated he feels the board should be moving forward with
Kalispell City Planning Board
M inutes of the meeting of December 13, 2016
Page 13
the design standards to the Architectural Review board. Jentz
advised the board to look at the neighborhood conditions briefly to
be sure they reflect what you think you are voting on verses what
the applicant is offering and that you want to nail down some
things and not assume what was offered tonight becomes a
condition. Skees then asked if they needed to make an amendment
to the conditions. Jentz replied yes, if you heard something tonight
that you would like to see as part of the project you need to add
that as part of the project. He went on to say that they need to give
the architectural review committee some direction and that the
planning boards job is to address neighborhood compatibility.
Young stated he feels the applicant has gone out of their way to
accommodate the neighborhood requests and that he doesn't feel
it's necessary to guide architectural review committee beyond
what the applicant has requested and that the board has sufficiently
addressed the neighborhood. Graham agreed but expressed some
concern with the visual compatibility of the neighborhood and
giving some guidance to the architectural review committee on the
materials used. Skees and Kauffman noted that they feel the board
is asking the architectural review committee to pick one product
over another and that is out of their scope. Graham went onto to
say that he feels the two go hand in hand.
MOTION — AMENDMENT TO
Graham moved and Skees seconded a motion to amend condition
CONDITION NO. 3
#3 to state that the Architectural renderings are required to be
submitted to the Kalispell Architectural Review Committee for
review and approval taking into consideration public comment and
board discussion prior to issuance of a building permit.
BOARD DISCUSSION
Graham advised the reason he wants to amend the condition is so
that everyone's voice is heard. Skees confirmed w/ Graham that
the board is not telling the Architectural Review Committee how
to decide just giving them more opinions to help them decide.
Graham confirmed.
ROLL CALL
The motion failed on a roll call vote of 3 in favor and 3 opposed.
MOTION — AMENDMENT TO
Graham moved and Pesola seconded a motion to amend condition
CONDITION NO. 13
#13 to change the b' tall landscaped berm to a 7' tall landscaped
berm.
BOARD DISCUSSION
Kauffman asked if changing the berm to 7' would mean that it
would have to be 7'and could not undulate. Graham confirmed.
Pesola noted that the applicant has expressed in his renderings and
his comments that he will, to the best of his ability, provide 7'
heights where needed.
ROLL CALL
The motion failed on a roll call vote of 1 in favor and 5 opposed.
Kalispell City Planning Beard
Minutes of the meeting of December 13, 2016
Page14
ROLL CALL — ORIGINAL
The motion passed unanimously on a roll call vote.
MOTION
BOARD MEMBER SEATED
Board member Lorch returned to his seat.
OLD BUSINESS
None.
NEW BUSINESS
Jentz mentioned the next meeting will include the KRHC PU_D
Amendment, the Kalispell North Town Center Preliminary Plat,
the B-3 Core Area Re -zone and the Stampede Packing
Annexation.
ADJOURNMENT
The meeting was adjourned at approximately 7:15 p.m.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be held on
Tuesday, January 10, 2017 at 6:00 p.m., located in the Kalispell
City Council Chambers, 201 1 " Avenue East.
. ......... .
Chad Graham
President
APPROVED as submitted _/_/2017
Kari Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of December 13, 3016
Page 15
PLANNING FOR THE FUTURE
Planning; DepartmentRECEIVED
201 V Avenue East
Kalispell, NIT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739 KALISPELL PLANNING DEPARTMENT
«%>».kalispell.com/plannin(,
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: School District No. 5
MAIL ADDRESS: 223 1 st Ave Eat
CITY/STATE/ZIP: Kalispell, MT 59901 PHONE:406-751-3400
INTEREST IN PROPERTY: Pro e�rty Owner
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: Morrison-Maierle
MAIL ADDRESS:125 Schoolhouse Loo
CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406-752-2216
INTEREST IN PROPERTY: Consultant
PLEASE COMPLETE THE FOLLOWING:
Address of the property:Assigned
Legal Description: Tract 6L (Parcel B of COS 19901)
(Lot and Block of Subdivision; Tract #)
SW 1/4, Sec 20 and NW 1/4 Sec 29, T 28N R 21 W
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 25.28 Ac
Current estimated Market value $455,000 at 50% build out 57,000,000
at 100% build out $15,000,000
Is there a Rural Fire Department RSID or bond on this property Yes No X
If yes remaining balance is $
The present zoning of the above property is: 5AG-10 (Flathead County)
The proposed zoning of the above property is: P-1, Public 1
State the changed or changing conditions that make the proposed amendment necessary:
The property is proposed to be developed into a public school facility, requiring public
water and sewer service.
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 Kalispell Planning staff to be present on the
property for routine inspection during the annexation process.
'A -'L JZL:7 11--J'" Z®/b
(Applicant)
(Date)
KA-16-4 School District SW 114, SEC. 20
NORTH No,5 Annexation NW 1/4, SEC. 29 ASR. #0012475
O T28N., 13.21 W.
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Date: Nov. 18th, 2016 Kalispell Planning Dept.
0 460 920
FilePath:1120161inailings111182016 Feet
Return to:
Aimee Brunckhorst
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal 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 _South Kalispell 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.
']'his City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
✓ -L J-k& //- 0 l (p
Petitioner/Owner Date
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
ss
County of Flathead County
On this C 14"day of N0VCMbfAf , 2-Ol(o, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared _ kACjk`k V-j4i-1-ala known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead County
-. korV -A Cie
Notary Public, State of Montana
Printed Frame ' (� 'F Koy-
Residing at
My Commission expires: 1010
On this day of , , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above uTitten.
r Kaq
NOTARY PUBLIC for the
State of Montana
SEAL *
Reskft at Somers, Mariana
ofMo �
My GommWon Expires
July 16.2020
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
OWNERS; LRP, LLC
SCHOOL DISTRICT 5
CERTIFICATE OF SURVEY
FOR: THOMAfiAURENS SWl/4 of Section 20, and NWl/4 of Section 29, T28N R21W, P.M., M.
PURPOSE; BOUNDARY LINE ADJUSTMENT
DATE SEPTEMPER21,2016 Flathead County, Montana
Parcel A - Being added to Assessor Tr. 30
That portion of the Southwest V of Section 20. Townfiip 28 North, Range 21 West, P.M., M.. Flathead County, Montana. described as follows:
Beginning at the Northwart Corner of Parcel A per C. of S. No, 19901;
Thence along the West line of said Parcel A per C. of S. No. 19901. South 23.09 feet;
Thence North 87736'08' West L16.05 feet to the beginning of a 100.00 toot radius curve to the fight:
Thence Northwesterly along the curve through a central angle of 34.3446' along an arc length of 6035 feet to the North line of the Southwest A of the Southwest La:
Thence along the North line of the SDuthseesl 1/4of the Southwest Vs, South 89°24'10- East 171.92 feet to the Point of Beginning, containing 0.07 acre of land all as shown hereon.
Subject to and together with easements of record.
Parcel 8 - Being added to Assessor Tr. 38
That portion of the Southwest V4 of Section 20, Townmlp 28 North, Range 21 West. P.M., M., Flathead County. Montana, described as follows:
Beginning at the most Southerly Comer of Parcel A per C. of S. No, 19901;
Thence along the Southeasterly boundary of aid Parcel A per C. of S. No. 19901 through the fotiomng three (3) courses:
North 74"55'33' East 22.04 fed. North 84"26'36' East 54.80 feet, and North 03"13'04' West 13.00 feet to a point on the South boundary of that Parcel as shown
on Certif(.fc of Survay No. 7667;
--ce along said South boundary through the foiiawmg three (3) counen
North 89.50'38' East 115.17 feet, North 00142'02' East 3.52 feet, and South 89-48.21- East 67.96 feet:
Thence South 00'10'56' West 140.74 feet:
Thence North 52*39131' West 101.19 feel Io the beginning of a 255.00 toot radius curvy to the felt;
Thence Northwesleriy along the curve through a central angle of 38152'S9' along an arc length of 173.05 feet;
Thence South 88'27'31' West 15.84 feet to the Point of Beginning, containing 0.33 acre of land all as shown hereon.
Subject to and together with easements of recc rct
Parcel C
Those portlons of the Southwest % of Section 20 and the Northwest sA of Section 29, Township 28 North. Range 21 Weil. P.M., M.. Flathead County, Montana, described as follows:
Beginning at the Southeast comer Parcel B per C_ of S. No. 19901:
'hence North 02.38,11' East 268.83 feel: '
Thence North 89°19'361 West 261.19 feet:
Thence North 00110'56' East 946.23 fed;
Thence North S299'31' Well 101.19 feet to the beginning of a 255.00 foot radius curve to she left:
Thence Northwesterly along the In a, through a central angle of 38152'59' along an arc length of 173.05 leek
Thence South 88'27'31' Well 15.84 feel:
Thence North 85.1395' Wert 99.00 feet:
Thence North 87'36'OB' West 116.05 feet to the beginning of a I00.00 foot mdfut curve to the rights
Thence Northwesterly along the curve through a central angle of 34'34'46' along an arc length of 60.35 feet to the North line of the Southwest V. of the Southwest V
Thence along the North line of the Southwest Vc of the Southwest V., North 89-2410' West 262.59 feel to the Easterly right of way of Airport Road:
Thence along said Easterly right of way. South 00.11113' West 1230.14 feet and South 13`46'50' End 82.54 fed;
Thence South 85 A2'50' East 1023.92 feel to the Point of Beginning, containing 24.88 acres of land all a, shown hereon,
Subject to and together with easements of record.
Owner Cartlficali-
We hereby cartify that thn purpose of this division of land is In relocate a common boundary line between adjoining properties outskle a platted subdivfsion and that no additional parcels ate hereby treated. Therefore, this division of
land is exempt from net, iew as a subdivision pursuant to Section 76.3.207(t)(a), MCA.
The area that is bring removed from one tract of record [Parcel A 6 Parcel B) and joined with another tract of record is not Itself a trod of record. Said area shall not be available as a reference legal description in arty subsequent real
property transfer after the initial transfer associated with the certificate of turucy on which said area Is described, unless laid area Is included with or excluded from adjoining tmcts of record.
We hereby certlfy that this dlvlslon of land (Assesor Tr. 3B together with Parcels A and B shown hereon) is a remainder of an original tract created by segregating a parcel from the trici for the purpose of transfer and the remainder
1, 1 ncn, or Iarynr and has an Indvidual sewage system serving a dl,charge source that uses in existence prior to April 29. 1993. and if required when installed was approved pursuant to Incest regulations or lhb chapter. Therefore. this
dividnn of land 1, exempt from r-I- by it,. Depamn rst of Environmental Quality pursuant to 76-4-125(2)e8t1. MCA
LRP, I LLC q� )r LRP. LLC
1 i�#��/4'/7 �,��' dL%sl-rr'� � l Kis-✓r �LQ„ `�' f�����5��}�;tQ
'HOI MAS S. LAURENS. a, Membm HOLLY 1( le URENS, as Member
STATE OF _tqf��� �_J
County of -elm "'�- 1
Thi, I munsnt was igned and acknowledged before me on ilpffAillaWl 20l V,
by In IOMAS S. LAURENS. a, Member of LRP, LLC.
Printed a e. SSiC6_ _ =cam_-_ r �- r•--�
Nom,y Public for the St 1e of pAN
Residing al
MyCommhdon Expite, �p_�yf�A.__,�- ... t.. ,'��•° -
STATE OF
County of J!(J}WA
This intimment was signed and acknowlndgad before me ont)bf_tr,�Q 2D ((0
by HOLLY J. LAURENS. as Member of I.P.P. I.I.C.
printed Name: y)G#R.�i:(L- ..�:i._ ..•ci ` ." _ . .� )
Notary Public for Use State of j i i'
Residing at _
My CommWion Explr i
STATE OF
s,.
County of
This I Lett era uses d net and acknowledged before ma cn bJ&AgbW I4 20l la,
bySOk; as of SCHOOL DISTRICT 5.
Ratedote J� ,.-_ .. ...... . .'
Notary Public for the State
of
Redding of
My Cnmmi,slon Explrc A 'LL11 61"?
- s
NOTE -
NO SEARCH HAS PEEN MADE FOR EASEMENTS
AFFECTING THIS PROPERTY AND THIS SURVEY
DOES NOT PURPORT TO SI IOW ALL
APPURTENANT EASEMENTS.
SCHOOL DISTRICT 5
Msn.-tie;. P.te.aa,t. , Sep•: cj,A.+
CERTIFICATE OF SURVEYOR
�l
DAVeN MARQUARDT
Regit cation No. 7328S
AptxovM: /0 -! (p 201
-�_ -a f
E. ninino t" Surveyor
sleghtrati ,41 . 791FIS
LCData�Y
c
STATE OF MONTANA
County of Flathead
FilaA line � wy of ,/C f r� �L�a,'.t201 EC.`AD., et rJ ' CL' o'elak {lm,
tesilit 20424---. _
201600025830 Fees: g32.50 by: DD Cty Cie.k and Recorder
by by ATEC - DAILY RECORDING By: nL'&U
Dale IS! 80016 71me 3:06 PM Y Dare: Sect. 20.20M
Debbie Pierson, Flathead County Montana 1
s r'�'+
In„content sterner, oc' i9 f. iC {'.,:' (1 � C' Prefect Nor% Lauren,
Sheet 1 of 2 Sheets CERTIFICATE OF SURVEY No.r;Ll �%,��' R.enane: BLA
I
OWNERS:
fCHOO
SCHOOL DISTRICT 5
CERTIFICATE OF SURVEY
FOR- THOMMLAUKENS
SWI/4 of Section 20, and NWI/4 of Section 29, T28N R21W, P.M., M.
PUAPOM. BOUNDARY LINE AWLI MENT
DATE: SEPTEMBER21.2016
--- -- Flathead County, Montana
Parcel A'___71_
(NigAddedloAss=Tr, 38)
—0.07 Acre
—_—._-__389Z?DBE ew+: nr u+:f. SV.vry Sm jG( a}a, SD•• y.
-� Ilp012'02•E
212.ag•
to s2 :ac^,'• E_ - sgv'aa"zrE
4
WOB Ds:acl C
-_gp.,DT - _ - 1
erg-{ f'c - Ha9'$p"38•E tt5 17', 67.8f_•
FOB Pertel A
t
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I�fi51•\• `' N7A•55'33'E o. sNPA2636-E S03TJCi'W t
\. RM7'rE'0E-W 22Dq. I�Dp'• Parcel 8
�\
2J 4 y-}q}a'q6• ---- °' -- .pD'•
l ROM 00' CT/JlFRI1M1LQ'`L1Y17d1LAM0'�'_�--•—.-J!Q$.P=Kl1 B-� d's:s9- (8eiogAdcdtoAss.�7x�rTr.3Bi
R'25�
_
L-60.55' Aaf'"aeL 58E'2Y31'W
0.33 Acre
�'
PARCEL C - SEE BELOW
23
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Scale: 1"=50'
—nP.9'7q'10�_�1�RFy OI[, SWt/q 5,n(G q
til.!t;
2l.sa
aa.6 —._._Parcel A }�...fa
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it ('?1ESGi-!fC•tw'' Pa['Ce1 H \
L.60 _S• _992737 W'' SoSB'S.S�' •\ y.-q.
mDlg is eq'
CEMIiR1INfW
AA'tm'L RDGD� � LEGEND '
FOUND SECTION CONTROLLING CORNER - ALUMINUM MONUMENT (MOOR}
• FOUND ALUMINUM MONUMENT
S FOUND 5l8' REBAR WITH PLASTIC CAP MARKED-DKM 29899V
j ® FOUND S/B' REBAR WITH PLASTIC CAP MARKED-MARQUARDT 7328S-
0 FOUND DRILL HOLE IN CONCRETE
O SET 5/B' BV 24' REBAR WITH PLASTIC CAP MARKED'MARQUARDT 7328V
• RECORD & FOUND DIMENSIONS PER C. OF S. NO. 19901
Ci
7='!•f Y'GCL F-. G' . o-f !VC`. 1 9 n01 PC" POINT OF BEGINNING
w� S
p C
rn '1 11m7 NEW BOIWDARY LINE
--- OLD BOUNDARY LINE
4D _
ae -
TI NOTE: ALL CURVES SHOWN HEREON ARE TANGENT.
F
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, C
Parcel C
24.88 Acres
4
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6
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by RECORDING
NOTE: Fbld Gev: BP T8
Dae eII /201 PI.7
201 5rti Ave. 1'vejt (EDf,)755-6285
NO SFARCH HAS BEEN MADE FOR EASEMENTS
eNerY20L6 ttwaTitw,Coo,
AFTECTING THIS PROPERTY AND THIS SURVEY DObDie P10IS an, F1ali cad CUlln(Y I•I0n1./nD DFrc: SeP;. 2p. 20i6 R� m Derr Na
115, ell, MT M01 1DA0ITIr-. 5wvq.DL'(
DOES NOT PURPORT TO SHOW ALI Protect Namr. Wurent ProjNt N:>:nf+er. 16 123
AFPSIRTFNAM CASEMENTS. Sheet 2 Of 2 Sheets CERTIFICATE OF SURVEY NO.
3
I
0
• �III�IIII��IIIIIII�����III�I»I��III�III�IIII�i��I�I�Ii�IIII�II�I��IIII��III�I��I�II�II D10o 822
Page
Debbie Pierson, Flathead County MT by Sr 10/31/2016 S56.00
1 43 AM
After recording return to:
Vincent G. Rieger
Law Office of Vincent G. Rieger, P.C.
4 Meridian Court
Kalispell, MT 59901
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into thisZ` day of�� ,
2016 by School District 5, a body politic ("SD5"), LRP, LLC, a Montana limited liability
company ("LRP"), Timothy D. Wise and Doreena A. Wise, husband and wife ("Wise")
and Larry J. Hoehn and Melissa F. Hoehn, husband and wife ("Hoehn").
FOR VALUABLE CONSIDERATION, Grantor and Grantee agree as follows:
Property.
(a) SD5 owns the following described real property located in Flathead
County, Montana (hereinafter "SD5 Property"):
Parcel B of C.O.S. 19901, located in the Southwest :4 of Section
20 and the Northwest % of Section 29, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana.
(b) LRP owns the following described real property located in Flathead
County, Montana (hereinafter "LRP Property"):
Parcel A of C.O.S. 19901 and the land shown on C.O.S. 7667,
located in a portion of the Southwest'/ of Section 20, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
(c) Wise owns the following described real property located in Flathead
County, Montana (hereinafter "Wise Property"):
Parcel A of C.O.S. 19884, located in the Southwest '/ of Section
20 and the Northwest % of Section 29, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana.
T"I
illllllllllll111lullilllllulllulllulllulllulllulllulllulllullIIIIlIIIIIIIIIIIII page:2 of 1600024122
Fees. S56.00
10/31/2016 11:43 AM
Parcel A of Corrected C.O.S. No. 18670, in the South'i-, of the
Southwest % of Section 20, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
(d) Hoehn owns the following described real property located in Flathead
County, Montana (hereinafter "Hoehn Property"):
Parcel A of C.O.S. 18956, located in the South 1i2 of the Southwest
'/ of Section 20 and the Northeast 1,4 of the Northwest '/ of Section
29, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
2. Termination of Easement. An existing sixty foot (60') private road and
utility easement commences at Airport Road and runs generally East and Southeast and
runs over, under, and across various tracts including Parcel B of C.O.S. 15491, Parcel B
of C.O.S. 19901, Parcel A of Corrected C.O.S. 18670 and Parcel A of C.O.S. 18956 until
the easement reaches the West boundary of Parcel F of C.O.S. 19227, A diagram and
depiction of the easement is attached hereto as Exhibit "A " which is attached hereto and
incorporated by reference. The immediately aforementioned Parcels across which the
easement runs are currently owned by SD5, LRP, Wise and Hoehn. The easement route
is depicted on various surveys and is also described in an Easement Deed dated October
1, 2009 which was recorded October 2, 2009 at Reception No. 200900028195 and in an
Easement dated and recorded June 9, 2009 which was recorded at Reception No.
200900016473. S135, LRP, 'Vise and Hoehn agree to terminate such easement from its
commencement point on Airport Road until such easement reaches the West boundary of
Parcel F of C.O.S. 19227. Such easement shall be replaced by a new easement which is
described in the next Section.
3. Easement. SD5, LRP, Wise and Hoehn hereby grant themselves and
declare a sixty foot (60') reciprocal perpetual private road and utility easement over and
across the SD5 Property, the LRP Property, the Wise Property and the Hoehn Property as
shown and described on Exhibit "B " which is attached hereto and incorporated by
reference. Such easement shall be appurtenant to and for the benefit of the SD5 property,
the LRP Property, the Wise Property, the Hoehn Property and any other properties
benefitted by and served by the easement being terminated above in Section 2, if any.
4. Successors. The burdens and benefits of this Easement Agreement shall
attach to and run with the respective properties described herein and shall be binding
upon and for the benefit of the parties hereto and their respective heirs, successors and
assigns.
5. Governinp- Law. This Easement Agreement will be governed by and
construed according to the laws of the State of Montana.
IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII Illll IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 3 of 8 22
Fees. $56.00
10/31/2016 11:43 AM
6. Further Instruments and Acts. The parties hereto shall execute and
deliver such other and further instruments and perform such other acts as may be
reasonably required by any party or parties to fully effectuate the intent of this Easement
Agreement.
7. Attornevs' Fees. If any party defaults in its performance under this
Easement Agreement and the other party employs an attorney because of such default,
the defaulting party agrees to pay, on demand all costs; charges and expenses, including
reasonable attorneys' fees, reasonably incurred at any time by the other party or parties
because of the default.
IN WITNESS WHEREOF, the undersigned have executed this Easement
Agreement as of the date first above written.
Dated this -Z 5
STATE OF MONTANA
County of Flathead
day of October, 2016.
ss
SCHOOL DISTRICT 5
By: AAw,e Ftce_+x,I
Its: 5s9tei
"SD5"
rti
This instrument was acknowledged before me on this 2S —day of October,
2016, by rn�t 1r��-�¢v. as the �; 5tf�;� of School
District 5.
w 40TASM R M. AN Z tt 9
I�d7ARY PU9lIC #ot ttw
o� r ,bJ 15, 201 a�
Simaatur of Notary Public
Typed of Printed Name of Notary Public
Notary Public for the State of Montana
Residing at , s , Montana
My commission expires: S
IIII�III �) II I III IIIII II�H IIIII �IIII IIIII IIIII IIIII IIIII I�II� fl�ll IIIII IIII II I III IIII II'I Page: 4 of 8 22
Fees: 556.00
10/31/2016 11:43 AM
STATE OF MONTANA
:ss
County of Flathead
LRP LC
1
Thomas S. Laurens, Member
Holly J/Laueens, Member
"LRP"
This instrument was acknowledged before me on this day of October,
2016, by Thomas S. Laurens and Holly J. Laurens, the Members of LRP, LLC.
1-A ,,"
CARRIE L GOUDETTE
NOTARY PUBLIC for the
* SEAL *
State of Montana
Residing at Katispell, Montana
fg 4
OF hW "
My Commission Expires
January 04. 2018
Signature of Notary Public
Typed or Printed Name of Notary Public
Notary Public for the State of Montana
Residing at .\ "`fit, Montana
My commission expires: y�� - ate-\'
4
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fees. $56.00
10/31/2016 11.43 AM
STATE OF MONTANA
ss
County of Flathead
TI othy D. Wise
/ '�Um&
Doreena A. Wise
"Wise"
This instrument was acknowledged before me on this Oday of October,
2016, by Timothy D. Wise and Doreena A. W'
t f N tar u lic
GABRIELLE ALBERTONI
NOTARY PUBLIC for the
State of Montana
SEAL ;
Residing at Columbia Falls, Montana
My Commission Expires
Or
July 27, 2019
A �
a ure o
Typed or Printed Name of Notary Public
Notary Public for the State of Montana
Residing at khmwmontana
My commission expires: 19
IIIIII,IIIIIIIII[IIIIIIIIIIIIII[IIIIII111111111111111111111111111111111IIIIIIIIIIIIIIIIIII Page: Gobi 8 22
Fees: $56.00
10/31/2016 11.43 AM
4 _
arry J . H
r
MelisN,a F. Hoelin
STATE OF MONTANA
:ss
County of Flathead
"Flochn»
This instrument was acknowledged before me on this3/`5 day of October, „20/0
2016, by Larry J. Hoelui and Melissa F. Hoehn.
-- Sig atur of Notary P blic
x SUSAN SCHMID It � Al ct �? kz-r-t r� of
NO tote o MontaBLIC na
Typed or Printed Name of Notary Public
State of Montana Yp Y
SEX • Resia,rgot KaBapeii. Montane Notary Public for the State of Montana
My Comoftston Expires
seoeenwer+s.zo+e Residing at Montana
My commission expires:
IIIIIIIIIII Illlll lull IIIII IIIII IIIIIIIIIIIIIII IIIIIII[Il IIIIIIIIII IIIIIIIII IlNIIIIIIIIII P201600241
age°7 of 8 22
Fees:$56 0
10/31/2016 11:43 AM
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EXHIBIT'A'
Section 20, T28N R21W, P.M., M.
Flathead County, Montana
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HATCHING DENOTES
60' EASEMENT BEING TERMINATED
argc�ar��
2013r Ave. West (406) 755-6285
Kalispell, MT 5W info®mmsurvey.net
parcel .k
0, of ..s.
zgc"-"Zo
(Corr.)
� parcel �4
EXISTING 60'
(� EASEMENT
ro/
parcel F
ASHLEY CREEK W'LY
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LA g
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7
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10/31/2016 11.43 AM
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N EXHIBIT'B'
Section 20, T28N R21W. P.M., M.
ci -4ssessDy Flathead County, Montana
L1
L8^„rC
t�lL3() .�
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0
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L 2 9 28 177 L26 C24':::
125
HATCHING DENOTES --'A "':'\ �-"J EXISTING 60'
60' PRIVATE ROAD &UTILITY EASEMENT EASEMENT
BEING GRANTED AND DECLARED ::�t16
��....\ ' bt .tr:
zS��•o � 20 � G. a f s.
ASHLEY CREEK W'LY LWMf , z�
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0
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0
0
0
CURVE TABLE
CURVE
DELTA
RADIUS
ARC
LENGTH
RADIAL IN
RADIAL OUT
C5
34'34'46"
100.00'
60.35'
N36'58'38"E
S02'23'52"W
C9
38'52'59"
255.00'
173.05'
S0132'29"E
N37'20'29"E
C24
38'5'59"
195.00'
132.33'
S37'20'29"W
N01'32'29"W
C28
34*34'46"
160.00'
96.56'
NO2'23'52"E
S36'58'38"W
a rq u �c�t
2013r Ave. WCst (406) 755-6295
Kalispell, MT 59901 in(oOmmsurvey.net
E3
LINE TABLE
LINE
BEARING_
LENGTH
L1
S89'24'10"E
65.58'
L2
N0018'59"E
30.06'
L3
S89'21'18"E
222.18'
L4
S53'01'22"E
50.37'
L6
S87'36'08"E
116,05'
L7
S85'13'15"E
99.00'
L8
N88'27'31"E
15.84'
L10
S52'39'31"E
118.54'
L11
S73'00'39"E
393.45'
L12
S35'03'25"E
612.70'
Ll 31
N77'51'49"E
62.90'
L14
N56'39'41 "E
328.78'
L15
S82'49'27"E
±61.74'
L16
tS02'45'55"W
t19.55'
L17
±S36'32'10"W
±46.48'
L18
N82'49'27"W
±18.31,
L19
S56'39'41'W
317.86'
120
S77'51'49"W
113.90'
L21
N35'03'25'W
631.84'
L22
N73'00'39"W
383.59'
L23
N52'39'31"W
129.31'
L251
S88'27'31 "W
19.15,
L26
N8513'15"W
101.07'
L27
N87'36'08"W
114.80'
1-29
N53'01'22" W
30.68'
L30
N89'21'18"W
202.08'
L31
N0011'18"E
29.94'