Staff Report/Annexation & Zonings
WTAFF REPORTtt
000
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request for annexation and initial zoning. A hearing has been scheduled
before the Kalispell City -County Planning Board for April 11, 2000 beginning at 7:00
PM in the Kalispell City Council Chambers. The planning board will forward a
recommendation to the Kalispell City Council for final action.
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The
petitioner would like to annex into the city and obtain B-2, General Business, zoning
on the property.
A. Petitioner and Owners: Gwenn Lee
82-271 Waring Way
Indio, CA 92201
(760) 347-9348
E. Location and Legal Description of Property: The property proposed for
annexation is located on the west side of Meridian Road and south of Appleway
Drive approximately 200 feet. The property proposed for annexation can be
described as Assessor's Tract 12 located in Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana.
C. Existing zoning: Currently this property is in the West Side Zoning District
and is zoned County R-1, a Suburban Residential zoning district which has a
one acre minimum lot size requirement for newly created lots and is residential
in nature.
D. Proposed Zoning: The property owners are requesting City B-2 zoning, a
General Business zoning district, which allows a wide variety of general
commercial, retail, and office type uses. The property owner has submitted a
preliminary plat for a seven lot commercial subdivision concurrently with this
annexation request.
E. Size: The area proposed for annexation and zoning contains approximately
3.548 acres.
F. Existing Land Use: There is a single family home which will remain on the
property which is located on proposed Lot 7 and a large outbuilding and small
shed located on proposed Lot 6 which will be removed.
G. Adjacent Land Uses and Zoning: The character of the immediate area is
commercial to the east and north and residential to the south. This property is
on the fringes of urban Kalispell and has a mix of uses in the immediate area.
This area has become more commercial in nature as the city continues to grow.
North: Burlington Northern railroad tract and small houses,
City RA-1 zoning
South: Residences and large undeveloped lots, County R-1 and
City R-5 zoning
East: Recreational equipment sales, retail sales and offices,
City I-1 and B-2 zoning
West: City stormwater detention basin and Stillwater Forest
Product, County I-2 zoning
H. General Land Use Character: The general land use character of the area is a
combination of residential, commercial and industrial. The properties to the
east have been more intensely developed because of the availability of City
services and their proximity along Center Street. The annexation of this
property extend the commercial activity along Center Street and expand the
city limits to the west.
I. Availability of Public Services: City water and sewer are located in the right-
of-way along Center Street and Meridian Road. An engineered storm water
management plan would have to be developed in association with the
preliminary plat. Fire, police, ambulance and city administrative services will
be provided as part of the City services to these properties.
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
It•-. •- -• -• •- ' .•
This property is indicated on the Kalispell City County Master Plan Map as
Urban Residential. However, the proposed B-2 zoning complies other goals and
objectives of the master plan which encourage the expansion of commercial
development within existing area and / or expansion of existing commercial
district. Because of the existing commercial development to the east and to the
north combined with the nature and volume of traffic along Merdian Road, this
property may be more appropriately developed commercially rather than
residentially.
Rezoning this property will result in additional traffic generated from the
property onto Meridian Road and Center Street especially once the property is
more fully developed. An interior roadway that will be developed as part of the
subdivision provides design that will lessen congestion in the streets that
adjoin this property by limiting direct access and channeling traffic onto the
2
roadways from a single controlled access. An increase in traffic will result from
the requested commercial zone.
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services are adequate.
Because this annexation will enable the property owners to connect to public
sewer and develop these properties with full public services, the public health
and welfare of the community will be served by encouraging compact
commercial development within an established commercial area.
•- -• -• ••- • • •- • :•-• - SMSUVWX
•
The proposed business zoning and the related uses would be subject to the
development standards of the district which help to insure that there is
adequate light and air by using building height restrictions of 35 feet and
setbacks of 20 feet in the front, five on the sides and ten in the rear. Other
development standards may apply to lots within the subdivision once they are
proposed for a specific use.
• i •- -• -• ••' • - -• •- • - •.• •• • .••
The requested zoning designation is consistent with other uses and zoning in
the area to the west. It appears that the property is large enough to
accommodate a variety of uses which could be adequately accommodated. The
requested zone will not lead to the overcrowding of land.
a •- -• -• ••- . • aTiili •• -• •• • reyrono
There will be an increase in traffic an activity associated with the commercial
development of this property. However, designating these properties for
commercial development will allow for the expansion of the west side business
areas of Kalispell under this zoning. The lot size requirements for the district
will help to avoid the undue concentration of people in the area.
Public service, facilities and infrastructure are currently in place to
accommodate the use(s) in the area. No significant impacts to these services
can be anticipated as a result of this zoning proposal.
• �•- •- -• .- -• ••- - •• USNUIrAff•. .• • •-
The proposed zoning is consistent with the types of uses and other zoning in
3
the area to the east and to the north. This property appears to be better suited
for commercial development than it does for residential development because of
the volume and nature of traffic patterns in the area. The requested zone gives
appropriate consideration for the suitability of this area for the uses in the B-2
zone.
The general character of the area is commercial to the north and to the east,
residential to the south and industrial to the west. The anticipated uses on the
property will be commercial and will be consistent and compatible with other
uses in the area. The requested zone gives reasonable consideration to the
character of the area.
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
througboiji The jurisdiction
The most appropriate use of land throughout the jurisdiction appears to be
commercial. This is consistent with other uses found in the area and promotes
the stability and neighborhood character of the immediate area.
It is recommended that the Kalispell City -County Planning Board adopt staff report
#KA-00-2 as findings of fact and forward a recommendation to City Council that the
initial zoning for these properties should be B-2, General Commercial, upon
annexation.
H: \... \REPORTS\KA\00 \KA00-2
M
EXHIBIT A
LEGAL DESCIRPTION
Gwenn Lee / Lee's Meridian Business Park - Annexation and Initial Zoning
DESCRIPTION:
A TRACT OF LAND, SITUATED, LYING,
THE NORTHEAST QUARTER OF SECTION
WEST, P.M.,., FLATHEAD COUNTY,
DESCRIBED AS FOLLOWS TO WIT:
AND BEING IN NORTHEAST QUARTER OF
13, TOWNSHIP 28 NORTH, RANGE 22
MONTANA, AND MORE PARTICULARLY
Commencing at the northeast corner of the Ncrtheast Quarter of
Section 13, Township 28 North, Range 22 West, P.M., M., Flathead
County, Montana; Thence along the east boundary of said NEl/4
S01®09146`"W 158.72 feet; Thence N88"50114"W 50.00 feet to the
westerly R/W of Meridian Road, which is THE TRUE POINT OF BEGINNING
OF THE TRACT OF LAND HERRINDESCRIBED: Thence along said R/W
S01*09146"W 329.09 feet; Thence leaving said R/W N89°35141"W
720.67 feet the southerly R/W of Burlington Northern Railroad,
which point is on a 713.94 foot radius curve, concave southeasterly
(radial bearing S50'24105"E); Thence northeasterly along said R/W
and along said curve through a central angle of 3633116" an arc
length of 455.49 feet; Thence N76®09111"E 358.51 feet to the point
of beginning and containing 3.548 ACRES; Subject to and together
with all appurtenant easements of record.
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MCDONALDS KALISLL
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G ENN LEE LEE'S MERIDIANBUSINESS PARK
REQUEST FOR ANNEXATION TIO & INITIAL ZONING OF
B-2, GENERAL BUSINESS
CITY OF KALISPELL
Flathead Regional Development Office
723 5th Ave. East Room 414
Kalispell, MT 59901
Phone: (406) 758-5980 Fax: (406) 758-5781
1\
FLATHEAD COUNTY
A
APPLICATION FOR
WNr--XA1701 MAR 13 2000
IIf WIAI A
4 t m
1. NAME OF APPLICANT: Gwenn Lee w4.
2. MAEL ADDRESS: 82-271 Waring Way ep r) r% Q.
3. CITY/STATE/ZIP: Indio. CA 92201 PHONE: (760) 347-9348
If,. INTEREST IN PROPERTY: OMINER
5. ZONING MAP AMENDMENT: X ZONING TEXT AMENDMENT:
1, , e
VA1191 101#5.1131110 WMV WORM W a PLORMA I a a X V my a, I agile) " MAMMA 11
A. What is the proposed zoning text amendment?
To change zone from R- I to B-2 zone.
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
VOMPLETE THE FOLLOWING:
A. Address of the property: Meridian Road
B. Legal Description: SEE ATTACHED
(Lot and Block of Subdivision: Tract
SEC. 13, T.28N., R.22W.
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: R-
D. The proposed zoning of the above property is: B-2
E. State the changed or changing conditions that make the proposed amendment necessary:
Z�'
An application is being made to annex the property into the City of Kalispell and create 7
commercial lots off a spur road from Meridian Road. This vacant land is adjacent to the
current B-2 zone of the City.
A. Promoting the Master Plan This land is adjacent to other $-2 zones of the City of
Kalispell and maintains a planned growth of that zone.
B. Lessening congestion in the streets and providing safe access A subdivision is being
applied for concurrently with this zone change request and includes a city street system to
provide safe access for the 7 lots within the subdivision.
C. Promoting safety from fire, panic and other dangers Annexing to the City will allow for
the occupants of the subdivision to be protected by the Kalispell Fire Department and
Kalispell Police Department.
D. Promoting the public interest, health, comfort, convenience, safety and general welfare
All public utilities including sewer, water, power, telephone, and street maintenance will
be made available by annexing the land to the City under the B-2 zone.
E. Preventing the overcrowding of land This zone change request will provide an area to
allow commercial lots in an area away from high -density residential development.
F. Avoiding undue concentration of population As a B-2 zone the businesses situated there
will be spread through the 7 lots within the proposed subdivision.
G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and
other public facilities A public sewer and water system is adjacent to the property on
Meridian Road. This will be extended to the land proposed for the zone chansze. The
street proposed within the subdivision will be built to City standards with a sidewalk to
provide safe access for pedestrians.
H. Giving reasonable consideration to the character of the district The land lies adjacent to
B-2 zoning and lies between the Burlington Northern Railroad tracts and Meridian Road.
Thereby allowing for planned growth of the B-2 district.
A. Pre -Application Meeting:
A discussion with the Planning Director or designated member of staff must precede
filing of this application. Among topics to be discussed are: Master Plan compatibility
with the application, compatibility of proposed zone change with surrounding zoning
classifications, and the application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Flathead Regional Development
Office.
Fee Schedule
Zone Change
Base fee..........................................$400.00
For first 80 acres of area of the request ............
Add $5/acre
For requests for 81 — 160 acres ..................
Add $3/acre
For requests covering 161 acres or more ..........
Add $1/acre
Amendment to Zoning Text ..........................
I ...... $300.00
PUD Zoning Review:
Residential ........................................
$400.00
Commercial .......................................
$500.00
Mixed Use........................................$650.00
D. The application must be accepted as complete by the FRDO staff thim (30) days prior
to the date of the meeting at which it will be heard in order that requirements of state
statutes and the zoning regulations may be fulfilled.
r r ) S r 111111111 f 5
A. Application Contents:
1. Petition for zone change signed by at least 50% of the property owners in the area
for which the change in zoning classification is sought.
2. A map showing the location and boundaries of the property.
3. A list of the names and mail addresses of all property owners within 150 feet of
the subject property as shown on the Assessor's roll.
Example
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
11
03/11/2000 11:11 7603420538 LEE G PAGE 04
MAR-10-00 FR 111: 44 SANDS SURVEYING ]NO FAX NO. 14067556488 P. 05
1 Giving consideration to the peculiar suitability of the property for particular uses
thq, kd-A-NS?.ahKT-1l .-Mmad, ft i more
ttfan_any r "idential zo
J Protcotiny, and cprt ruin; the value of buildings _The B-2 zone comes with, certain
trit:t; n rG rcfin .buildins sizea�set l ac c_. t t .�e.n?o -md.,. X.. g a iv.ell
..
.
K. Encouraging the most appropriate use of land by assuring orderly growih--By_rOy Win
t� a �ltcatLjoi . it r g ,zone . ch .n cs-ncu�n ith t suMlyislon nr ttsad,, the City
Co ncil_can ov,rsee.the a oc l pr ce s anti, ure the.t�rderty growth of the Gity..^--
* +c * * * * * * A * * * * * * * * * * * * * * * * * V 0 * * * * * * * * * * * * * * * * * * * * *
Hie signing of this applicm..ion significs approval for PRD 0. staff to be present on the property
R)r routine monitorisig and inspection during approval-proccss.
4pplicallo (Date)
(Date) �.
(,date)
"(AR-10-00 FRI 11:41 SANDS SURVEYING INC FAX NO, 14067666488 P,02
PETITION NO.
T<.EFORE THE CITY ;-r�UNCIL
OF' THE
CITY OF
FETITION 1 � 7:::....?'I'IGN TO ci TY
COME NOW, --he undersigned and respectfully petition the City
_cil of tli e City of Kalispell xegL:esting city annexation of tile
,:�llowing r^al property into the City of Kalispell and to remove
f.oilot.,lin.q rea! property from the Syyl'4i� �/ .�Rt11al
Fire UistriCt
The petitioner(s) regl.:esting City of Kalispell annexation of
-he property described herein hereby mutually agree with the City
:± Kalispell that ir�anediately upon annexation of the land all City
'r:a1.1 5p el muriGipal services will be provided to the property
es _ ibed h2,rein o:. substan'rially the same baGis and _r. the same
x.annc-r asp silch services are provided or made avai.labie within the
es` of the irunici.pality prior to annexation. Pet-Ltioner (s) hereby
Lhat there is no need to prepare a. M,,inicipal Annexation
Service Plan Lor this annexation r)ursuant to Section 7-2-4610,
A. i.nc e Lhc ,parties are in agrceenent as to the provi s ion of
�nuniL:ipal services to the property requested to be annexed.
Fated this 10_1� day of 111LLCfJ-- , 2000.
LGAI "`ESCRIPTTON OF PROPERTY TO 5E ANNEXED:
a_ i-1-aC
}} �j Cwner
Owner
PLEP,SE RETURN THIS PETITION TO CITY CLE.RTK' S OFFICE
MAR-10-00 FRi 11:44 SANDS SURVEYING INC FAX NO. 14067556488 P,05
I Giving consideration to the peculiar suitability of the property for particular uses
Because the land is bounded by the, Burlingtgn Northern Railroad, .it is more
sgitable as..a.-2 zone than any residential zone.
J Protecting and conserving; the value of buildings The B-2 zone. comes �kj.th, certain
restrictions re carding building sizes, set backs, etc._d will b _4ne_mcLnilored by.the Kalispell
Building Dc!)artment.
Encouraging the most appropriate use of laud by assuring orderly growth By reviewing.
the ,ap lication fc�r a zone, chan�e concurrentlywith the subdivthe City.
Council can oversee the ap ra.insure the,(:Lrderty +;rowth of the City,___
* * 4, u * * k * y * * M * c k * * tic * * X * * * $ * ,* `k * * * k * k * * * * * * * * * * is * * * * * * *
i`he s r� ing of this application signifies approval for F.R.D.O. staff to be present on the property
fox routine monitoring and inspection dtering approval process,
( pplicant) (Date)
(Applicant) - (Date)
(Applicant) -... (Date)
(Appticaw) (Date)
I
!BAR-10-00 FRI 11:44 SM6S SURVEYING !NO FAX NO. 14067556488
' i.
The subdi,,,ider shall subnut a complete application addressing items below to the FRDO
Office at least thirty (30) days prior to the date of the meeting at which it will be heard.
1. Preliminary plat application.
2 16 copies of the preliminary plat.
One reproducible set of supplemental information (Sec Appendix A -
Flathead County Subdivision Regufations)
4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size.
5. Application fee.
6. Adjoining Property Owners List. (See example below):
A. ,,esspr's No.: S-T-R LoiJTraetNo. Property Owner & Mailing Address
t hereby certify under penalty of perjury and the laws of the State of Montana that the
infon-nation submitted herein, on all other submitted forms, documents, plans or any other
isiforrnation subnutted as a part of this application, to be true, complete, and accurate to the best
of. Illy knowledge. Should any information or representation submitted in connection with thiti
application be untrue, I understand that any approval based thereon tray be rescinded, and other
appropriate action taken. The signing of this application signifies approval for the F.R.D.O. staff
,o be present on the property for routine monitoring and in,,
during the approval and
develop«ient process.
( plicant) (Date)
4
IAR-<10-00 FR 111:42 SANDS SURVEYING INC FAX NO. 14067556488 P. 03
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL. FIRE DISTRICT
co WHOM lT MAY CONCERN:
THIS A/G"REEMENT, m1ade, and entered into this . la %} day of , 2000, by
.l6
and between _'.w e,y\rl..
hereinafter PAR1Y(S) OF INTEREST [INCLUDES OWNER(S), L IENHOLDER(S), OR
CONTRACT SELLER($)] aid the CITY OF KALISPEL,L, Flathead County, Montana, hereinafter
CITY. WiTNESSi TH:
That for and in consideration of the sum of One Dollar and/or other good and valuable
consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to
protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made
or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part
of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by
this reference, is made a part hereof.
The PART(S) OF INTEREST do(es) further herein express an intent to have the property
as herein described withdrawn from the S m am�
t! ^ i Fire District under the provisions
-'_'c. . ��...^ -
of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex
Agreement 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.
THE PART(S) OF INTEREST further agrcc(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 hens, assigns,
successors in interest, purchasers, and any and all subsequent holders or owners of the above
described property.
This City hereby agrees to allow PAWI'Y(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto setour hands and affixed
our seats this day of {'Vg;:�v 2000.
PARTY OF i1VTEREST
CITY OF KALISPELL
City Manager
AT'I FST:
Finance Director
MAR-10-00 FRI 11:43 SANDS SURVEYING INC FAX NO, 14067566488 P,04
STATE OF _CALIFORNIA )
ss
County of. RIVERSIDE )
On this 10th day of MARCH
, 2000, before me, the undersigned, a Notary Public
four the State of., CALIF.., personally appeared*GWENN
to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that Wshe executed the same,
fN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year iti this certificate first above written.
J—L�6"
r — == a ■
VICKI t S7INSON
VICKI L. STINSON
Notary Public, State of cAT.TmzznT
Commission # 1154d08 z
NotaryPubric-ColifomiU
MversldeCounty
Residing at INDIO, CALIFORNIA
�"
My Comm. Exr1res Oct3, 2001
My Commission expires OCTOBER 3, 200,1—
STATE OF MONt'ANA )
ss
County of Flathead )
On this __ __day of , 2000, before me, the undersigned, a Notary Public
for (lie State of Montana., personally appeared _ and
the and ,
the corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the saute.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year in this certificate first above written.
STATE OF MONfANA
ss
County of Flathead )
Notary Public, State of Montana
Residing at
My Commission expires
On this day of , 2000,,_,, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared GLEN NEIER and AMY 11. ROBERT'SON,
known to me to be the Interim City Manager and Finance Director of the City of Kalispell, a
municipality, that executed the within instrument, and acknowledged that such City Manager and
Finance Director respectively subscribed, sealed and delivered said instrument as the free and
voluntary act of said tnunicipality, for the uses and purposed therein setforth, and that they were duly
authorized to execute the same on behalf of said municipality.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires