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Staff Report/Annexation & ZoningREPORT TO: 1;iCTO )F SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2nd Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager Maple Grove Plaza, LLC - Annexation and Initial Zoning of B-3 July 18, 2005 BACKGROUND: This is a request for an initial zoning designation of B-3, Community Business, upon annexation to the city of Kalispell. The property contains approximately 0.49 of an acre and is located on the northeast corner of 8+h Ave EN and East Washington Street. It is currently in the County zoning jurisdiction and is zoned R-5, Two Family Residential. It is currently occupied by a single family residence, mobile home and old barn. It is intended to be developed as a mixed use building with offices on the main floor and three apartments on the second story. The building will front along East Washington Street. The Kalispell Planning Board held a public hearing on June 21, 2005. The staff evaluated the proposal and noted the surrounding zoning and development that exists along Idaho to the south and along East Washington Street to the east. The use will provide a reasonable transition in the area from residential to commercial. At the public hearing Cameron Gillette, representing Maple Grove Plaza, LLC, spoke in favor of the proposal and explained their plans for the property. There was no other member of the public who spoke. One letter of opposition was received from a commercial property owner to the west. After the public hearing the board discussed the proposed zoning and found it to be reasonable. A motion was made which passed unanimously to recommend the B-3, Community Business, zoning upon annexation to the city. RECOMMENDATION: A motion to approve the resolution annexing the property and the first reading of the ordinance for initial zoning of B-3 would be in order, FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Maple Grove Plaza, LLC Initial Zoning of B-3 July 12, 2005 Page 2 Respectfully submitted, 114� Narda A. Wilson, Senior Planner Report compiled: July 12, 2005 o-, ames H. Patrick City Manager Attachments: Transmittal letter Petition to Annex Staff report #KA-05-9 and application materials Minutes 6/21/05 planning board meeting c: Theresa White, Kalispell City Clerk Applicants City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com July 12, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Maple Grove Plaza, LLC - Annexation and Initial Zoning of B-3 Dear Jim: The Kalispell City Planning Board met on June 21, 2005 and held a public hearing to consider a request for an initial zoning designation of B-3, Community Business, upon annexation to the city of Kalispell. The property contains approximately 0.49 of an acre and is located on the northeast corner of 8th Ave EN and East Washington Street. It is currently in the County zoning jurisdiction and is zoned R-5, Two Family Residential. It is currently occupied by a single family residence, mobile home and old barn. It is intended to be developed as a mixed use building with offices on the main floor and three apartments on the second story. The building will front along East Washington Street. Narda Wilson of the Kalispell Planning Department, presented staff report #KA-05-9 and evaluated the proposal. She noted the mixed use plans for the property with offices on the first floor and apartments on the second floor. The staff recommended approval of the proposed B-3 zoning and felt the use would provide a good transition in the area from residential to commercial. At the public hearing Cameron Gillette, representing Maple Grove Plaza, LLC, spoke in favor of the proposal and explained their plans for the property. There was no other member of the public who spoke. One letter of opposition was received from a commercial property owner to the west. After the public hearing the board discussed the fact that the proposed B-3 zoning allowed a variety of uses that had a much grater impact that the intended mixed use building and they were approving the zoning not a project. There was some concern on the part of the board that perhaps another use would go on the site that would not be compatible with the residential uses in the immediate area. A motion was made to recommend approval of the proposed B-3, Community Business, zoning upon Maple Grove Plaza LLC Initial Zoning July 12, 2005 Page 2 annexation to the city which passed on a vote of five in favor and one opposed with Bryan Schutt voting in opposition. Please schedule this matter for the July 18, 2005 regular Kalispell City Council meeting. You may contact this board or Narda Wilson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Georgeraylor President GT/NW/ma Attachments: Exhibit A - Petition to Annex Staff report #KA-05-9 and application materials Minutes 6/21/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Cameron Gillette, Maple Grove Plaza, LLC, P.O. Box 7291, Kalispell, MT 59904 MAPLE GROVE PLAZA, LLC REQUEST FOR INITIAL ZONING OF B-3 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-05-9 JUNE 13, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of B-3 upon annexation to the city on property in northwest Kalispell. A public hearing has been scheduled before the planning board for June 21, 2005 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. wu�r ri:i►�i7yl�iTi�s� 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 property owners have petitioned annexation and initial zoning classification of B-3, Community Business. The property is in the County zoning jurisdiction and is zoned County R-5, Two Family Residential. 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 and Owners: Cameron L. Gillette Maple Grove Plaza, LLC P.O. Box 7291 Kalispell, MT 59904 (406) 257-3050 B. Location and Legal Description of Property: The property proposed for annexation lies at the northeast corner of 8th Avenue EN and East Washington Street. The property address is 357 8th Avenue EN and can be described as Assessor's Tract 30KA Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: The property is currently in the County zoning jurisdiction and is zoned R-5, Two Family Residential. This zoning district anticipates single family and two family dwellings. It has a minimum lot size requirement of 5,400 square feet and is generally found in urban areas where public utilities and facilities are available. This property is in the Evergreen and Vicinity zoning district. D. Proposed Zoning: The zoning designation being proposed for this property is City B-3, Community Business. This is a zoning district that is intended to allow for a broad range of commercial uses, but it not intended for commercial operations that would require outdoor display or storage of merchandise. It has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. Setbacks are 20 feet in the front, 10 feet in the rear, 5 on the sides and 15 feet on a side corner. This zoning reflects the intended use of the property which are offices on a first story and apartments on the upper story. Although not a 1 part of this overall proposal or request, information related to the proposed use has been included with this staff report for general information purposes. E. Size: The property proposed for annexation and initial zoning contains approximately 0.49 acres. F: Existing Land Use: Currently this property is being used for a single-family residence, and single wide mobile home and there are some outbuildings such as a barn, shed and other fencing. The existing buildings will be removed or relocated. G. Adjacent Land Uses and Zoning: The immediate area is characterized by a mix of uses in the immediate area with residential to the north and east and commercial to the south and west. North: Single family residences, City R-3 zoning East: Single family residences, City RA-1 zoning South: Apartments, hotel, Daily Inter Lake, City B-3 and RA-1 zoning West: Daily Inter Lake parking lot, City B-3 zoning H. General Land Use Character: The area can be described as an area that transitions from the more intensive commercial uses to the south along Idaho Street and the residential uses to the north along Oregon Street. This is an area that is nearly fully developed and future development would likely be a result of the redevelopment of existing properties. I. Availability of Public Services and Extension of Services: Public services, including City water and sewer can be provided to this site. Public water and sewer were extended into the area with other development in the immediate area. Water and sewer services are provided by the City of Kalispell. Water and sewer are to the south of this property in the Three Mile Drive right-of-way. Mains would be extended to service property. 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. 1. Does the requested zone comply with the growth policy? This property is included in the Kalispell Growth Policy area and is currently served by City water and sewer. The property is anticipated to be developed commercially and the proposed rezoning is in compliance with the growth policy for this area. The Kalispell Growth Policy encourages the expansion of existing commercial areas based on compact development patterns and encourages infilling to take advantage of existing streets and services. The proposed zone change furthers several goals of the Kalispell Growth Policy relating to expansion of existing commercial areas. 2 2. Is the requested zone designed to lessen congestion in the streets? Access to this site will be provided from existing City streets that front the property on the west and south, 8th Ave EN and East Washington Street. These are local streets in fair condition. Some additional traffic might be generated from the further development or redevelopment of this property and the existing transportation system can adequately accommodate the impacts related to this site. 3. Will the requested zone secure safety from fire, panic, and other dangers? Very little risk from fire or other dangers exist on this site. This property generally is fully developed and any redevelopment of the site will be required to be in compliance with the Uniform Fire Code, current City building codes and Kalispell Public Works requirements for water, sewer and drainage. Access to the site is good in the case of an emergency. No significant impacts could be anticipated with regard to safety hazards, fire or other emergency situations. 4. Will the requested change promote the health and general welfare? By concentrating commercial development in an area which has public services, access onto an existing street and is located in an area which is an established commercial area make this rezoning a reasonable and appropriate use of the property. The general welfare of the community would be advanced by rezoning this property to commercial. 5. Will the requested zone provide for adequate light and air? Adequate light and air would be provided both by the design standards and the setback requirements for new development. 6. Will the requested zone prevent the overcrowding of land or undue concentration of people? The minimum lot size for the proposed B-3 zoning on this property is 7,000 square feet. The potential development associated with this property would be limited only by the development standards associated with the B-3 zoning district that relate to lot coverage, the types of uses permitted under the zoning and the environmental constraints which may be present associated with storm drainage. However, commercial development in this area is appropriate because of its location and the availability of urban services. The rezoning of this land would not create an undue concentration of people or the overcrowding of land. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Existing transportation, police and fire protection as well as water and sewer currently service this property and are adequate to accommodate any 3 commercial expansion that may occur. Development potential of the property is limited because of the existing use and there is adequate provision of services that can be provided to this property. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? The growth policy designates this property as commercial on the plan map and there is significant other commercially zoned property to the west and to the south. The location of the property with access to a street which is designated as an arterial in an established commercial area make commercial development of this site a reasonable request. 9. Does the requested zone give reasonable consideration to the character of the district? The character of the area is commercial to the west and south. This property acts as a transition area between the two land use types. The orientation of this property along East Idaho Street as well as its proximity to other commercial development in the area gives consistency to commercial development in the area. This rezoning gives reasonable consideration to the character of the area. 10. Will the proposed zone conserve the value of buildings? Additional commercial development in the area would be consistent and compatible with existing development, thereby minimizing potential conflicts and conserving the value of buildings in the area. 11. Will the requested zone encourage the most appropriate use of the land throughout the iurisdiction? This rezoning request is in compliance with the Kalispell Growth Policy with regard to the location and expansion of commercial areas. The proximity to other commercially zoned properties and access to a designated arterial make commercial development a reasonable use of this property. Furthermore, the rezoning is an expansion of commercial development in areas of established commercial area. It appears that this rezoning would encourage the most appropriate use of this property and the use of land in the planning jurisdiction. * � % • _0 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-05-09 as findings of fact and recommend to the Kalispell City Council that the property be zoned B-3, Community Business, upon annexation. [UMV 0 bOpen Hearth prep ace op, 9 RECEIVED 365 7th Ave. E.N. Kalispell, Montana 59901 Bus: (406) 752-5800 - Fax: (406) 752-5811 JUN 1 2005 TRI-CITY PLANNING OFFICE 6/13/05 Narda Wilson Senior Planner Tri—City Planning Office 17 Second St. E., Suite 211 Kalispell, Mt. 59901 Dear Narda: Thank you for sending me notice of the Planning Board and Zoning Commission hearing scheduled for 6/21/05. I am sending my comments in this letter, since I will be out of town for the next several weeks. Of particular interest is tle community business request by Maple Grove Plaza, point number 7 in your letter. Glad to have more business in the area but parking is an issue that needs to be adressed. Currently Daily Interlake parking concentrates inl� areas0 ta parking has become significant. Additional on —street parking in he vicinity of the Maple Grove Plaza facility is likely to exacerbate the Daily Interlake parking situation, pushing it westward on 'Washington St. Parking on 'Washington St. is already making it more difficult for semi trucks that serve our business (SE corner of our building) and the Daily Interlake (NW corner of their building). Finally, it is becoming increasingly difficult to access 7 Av. EN with 3 parking, since visibility is very limited looking south on 7th from �dashington St. Please give this some consideration as you plan this project. Sincerely, Ca. - Gary Rihrdson cc Publisher, Daily Interlake Wood, Pellet & Gas Burning Appliances - Installation - Consultation - Accessories -7 kv' C,-A rM 0 z ev&Ve- 61-11- dIV-, Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: ra 4,7eew" L �e- MAIL ADDRESS: 100 eo j- 0-21- CITY/STATE/ZIP: %/Q b /t , In 7— 15E� PHONE: <L/61o) .2S7-3v So INTEREST IN PROPERTY: OW ,&, Other Parties of Interest to be Notified: PARTIES OF INTEREST: %/ z 6v-o U E &-- MAIL ADDRESS: CITY/STATE/ZIP:/1z . �i �/� 2// 44 T- 5— 9 9 o t/ PHONE: ri'o6) a.S 7 - 3 o S o INTEREST IN PROPERTY: O&Je7 ez,- PLEASE COMPLETE THE FOLLOWING: Address of the property: .3 S 7 ? L4 4 UL� W Legal Description: (Lot and Block of Subdivision; Tract #) SC ff DA4C Seh�. 7 2 f AJ 2� (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) 7` v2 avi a-C✓' e- The present zoning of the above property is: — rJ� The proposed zoning of the above property is: 1-3-3 CI V- y State the changed or changing conditions that make the proposed amendment necessary: 7KZ a4t?e r,t '74ot-z-2 cr 7* Lc. �2l our /,GGz7- 6"Q " / G( l�tuYl�rai�i/ 2-e. 6L;f/r S7'.' R4-t.. a- G.cGt, . The signing of this application signifies that the foregoing informatio n (Date) APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS 1. 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: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning classifications. 3. Completed application form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an Exhibit A. legal description of the property. 4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of ways) with mailing addresses. See example below. Assessor# Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address 5. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. 6. Fee Schedule: Residential (1 acre or less) no fee All other annexations: Over 1 acre - $100 for first acre + $15 per acre over 1 acre 7. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. As Approved by TCPB, Effective 3/15/04 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 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 Petitioners) 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. This 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. Petitioner/Owner Date Petitione: %Owner Date Please return this petition to: Tri-City Planning Office 17 "° St East, Suite 211 Kalispell MT 59901 NOTE: You must attach an Exhibit A that provides a bona fide legal description of the propemi to be annexed that has been reviewed and certified by the Flathead County Plat Room. STATE OF MONTANA ) : ss County of Flathead County On this ---;2 tiD day ofA:i hc/ me; the undersigned, allotary Public for the State of Montana, personally appeared (r, t�ti /�-e ti C . G j L1. <;-- T-7-,�: 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. l '�.7�.-�•�..-,,:--z� � .mil_ t®�z ,���--�._.-. Notary-Public Atat6 o Montana Residing atLis MCommission expires: S TATIE OF MONTANA ) ss County of Flathead County On this day of 2 , 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 written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: On this day of before me, the undersigned, a Notary Public for The State of Montana, personally appeared and , the , and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my band and affixed my Notary Seal the day and vear in this certificate first above written. Notary Public, State of Montana Residina at My Commission expires Exhibit A Cameron Gillette/Maple Grove Plaza, LLC Legal Description A parcel of land, situated, lying and being in the SE 1 /4 of the NW 1/4 of Section 8, Township 28 North, Range 21 West, PM, Flathead County, Montana, and being more particularly described as follows: Commencing at the Southeast corner of Block B of Duncan's Addition, records of the Flathead County Clerk and Recorders Office; thence N76°02'43" East a record distance of 148.80' to the TRUE POINT OF BEGINNING of the tract of land being described; thence N13°39'31" West a distance of 149.56' to a 3/4" pipe; thence N76° 19'06" East a distance of 141.98' to a 1/2" pipe; thence S 13°39'52" East a distance of 148.88' to a 5/8" rebar; thence S76°02'43" West a distance of 141.99' to the Point of Beginning. Containing 0.49 acres more or less. Subject to and together with all appurtenant easements of record. NEW 1AM VICINITY MAP SCALE 1" = 150' CAMERON GILLETTE/MAPLE GROVE PLAZA, LLC REQUEST FOR ANNEXATION & INITIAL ZONING OF B-3 (COMMUNITY BUSINESS) FROM COUNTY R-5 (TWO- FAMILY RESIDENTIAL) PLOT DATE 5/13/05 FTT 'W -9 V 0 - n r-) - Q H:\gis\site\ka05_9.dwg