Loading...
Staff Report/Annexation & Zoning dated 6/21/04Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Fax: (400).751-1858 t icity* Centuryt l.n et REPORT TOO Kalispell Mayor and City Council FROM: Narda. A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Annexation and Initial Zcrrirrg of B- , General Business, for NIPO, LLC Foijr Corners Area MEETING E. June 2 1 , 2004 BACKGROUND: This request was previously scheduled before the Kalispell City Council for consideration at their March 3, 2003 meeting at which time the request was withdrawn by the ai .i art because of concerns expressed by the council that utilities may not be available to the site. SMce that time the utility issue has been resolved and the City has committed to installing the -infrastructure concurrent 'With the reconstruction of Hwy 93 to Four Corners. The property owners would still life t annex this property in order to have access to the utilities when they are completed. Hence, this matter has again come before the council for consideration and action. This is a. request by NIPO, LLC for an initial zoning designation of B--2, General Business, upon annexation into the city of Kalispell on approximately 9.33 acres that lies between Hwy 93 south and Willow Glen Drive north of Lower Valley load. The property is currently in the Cou.rity zoning jurisdiction and is zoned B- 2, General Business. This zoning district is intended to serve the traveling pubhc and has been located along major highways and thoroughfares in the county. The property owner is requesting CAY B-2, a General Business zoning district which is similar in intent and the types of allowable uses as the County B-2 zoning. The B-2 distn'ct is intended to provide areas for retail sales and services which might require outdoor display of merchandise and would service the general reeds of the motoring public. The B-2 areas M the City are typically located along major transportation. The property is being annexed in order to receive City services when they become available with the extension of the utilities with the reconstruction of Hwy 93 South to Four Comers. Currently City utilities are located approximately to the north of the property rear the end of the City Airport runway. This property is currently undeveloped and would be the intent of the property owner not to develop the site until such time as the utilities could be available. Demands on public services would be generally non-existent until such time as the site becomes developed. An extension of services plan has been included with the information associated with this request based on the current situation since the type and value of the development ent of the site is unknown. Providing Community Planning Assistance To: City of Kalispell * Cit-yof Columbia Falls # City of Wbiteffib NIPO LLC Annexation € Initial Zoning ,dune 16, 2004 Page On February 11 , 20 3, the Kah pe11 Planning Board held a pubhe hean'ng to consider a recommendation to the city council regarding appropriate -zoning on the property. The representatives -of the property owner explained his desire to connect to City services when they become available. The Kalispell City Planmm�g Board unanimously recommended to the city council the assignment of - 2 zoning for the property upon annexation to the city. RECOMMENDATION*,* A motion to adopt the first reading of the ordinance for -2 onmg upon annexation would be M order. FISCALEFFECTS: Some potential positive effects once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: June. 1, '004 c: 'Theresa White, Kalispell City Clerk C" %AIL Chris A. K 1u1ski City Manager Attachments: Schwarz Eng letter dated 6/9/04 requesting reconsideration of annexation Transmittal letter Staff report KA-o -1. and application materials Minutes from 2 11 03 planning board meeting RESOLUTION No. 4902 A. RESOLUTION TO PROVIDE FOR THE ALTERATION F THE BOUNDARIES OF THE CITY of KALIS E L BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", COAT] IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTA A, To BE KNOWN AS FOUR CORNERS ADDITION No. 3 I To ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND To DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition. from NIP , LLC, the owner of property located between the east side of Highway 93 South and Willow Glen Dr" e north. o Lower Valley Road, requesting that the City of Kalispellapex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on NIP , LC"s Annexation Request, KA.- 03- , dated February , .2 03, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City -2, General Business, -upon annexation into the City o Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Fart 46, Montana Code Annotated, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL o ' THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described on Exhibit "A"' e annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Four Comers Addition No. 321. SECTION II, 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 Reorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever sh.11 occur later, said sexed tertory is part of the City ofKalispell 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 III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION fV. This Resolution shall be effective immediately upon passage by the C i *ty co n i. PASSED AND APPROVED THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY of KALISPELL., THIS 21 ST DAY of ,DUNE, 2004. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT ""' Land located in the Northeast Quarter of the Northeast Quarter of Section. 29, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly descr*ed as follows: Commencing at the Northeast section corer of said Section 29, indicated by a found aluminum monument ent and which point is the true point of beginning.; Thence Soo 19'0 "E, on and along the East boundary of said Northeast Quarter of the Northeast Quarter, a distance of 827.51 feet to a point; thence S ' 0' 2"W, and leaving said East boundary, a distance o'30.0o feet to a found 8" rear and which point Iles on the West right-of-way boundary of 0-foot declared County road known as Willow Glen Drive: thence S 2' 1'3 "W, on and along said west ht- =w y boundary, a distance of 94.70feet to a found " rebar and which point is a point of curvature; Southwesterly, on a curve to the right (delta = 2 °07'0 ", radius = 328.08 feet and radial bearing = N 2'2 ' 1 "W), are arc length of 149.55 feet to a found " rebar and which point intersects with the East right-of-way boundary of U.S. Highway 93 and which point is in the midst of a curve; thence Northwesterly, on a curve to the I eft (delta = 09° 1' 17 ", radius = 29 7 2.43 feet and radial ear'rrg == S '3 ' "W), are arc length of 511.25 feet to a found " rebar; thence N3 03 '2 8 "W, on and along said r'g t-of-way boundary, a distance of 454.04 feet to a found 1 " rebar; thence N ' 12'07"W, continuing on and along said right-of-way boundary, a distance o 116.00 feet to a found " rebar; thence N33'0 ' I " v, continuing on and along said right-of-way boundary, a distance of 17 3.83 feet to a found " rebar and which point lies on the North boundary of said Northeast Quarter of the Northeast Quarter; thence S 8 9°35" 4 8"E, on and along said North boundary, a distance of 753.33 feet to the trae point of beginning* These tracts contain a total of9.333 acres and subsubi ect to and together with a 6 0-foot declared County road along the East boundary as shown hereon and subject to and together with all appurtenant easements of record. June 9, 20 Ms. Narda Wilson Tri-City Planning office T 7 Second Streef Eosf, Suife 21 Kalispell, MT 59901 Re: Annexation and Initial Zoning of -2, General Business for NIPO, L C Four Corners Dear Moro: ARCH ITECri i rz SCI-WARZ petition for initial zoning was submitted on the subject property referenc�d in Staff Report # - 3-1 dated February 4, 2003. The Kalispell City Planning Board recommended approval of o -2 zoning on the property. In reviewing subsequent council discussion, it appears that the decision on initial zoning was tabled due to questions regarding availability of city services. t this time, it is our understanding that city water and sever services have been extended to the site. The subject properties hcve been sold cnd are now owned by Triple 8 Enterpr�ses, LP, We are currently in the process or' preparing plans for a new automotive otive lealers ip to e located on the s t e t properties and anticipate submitting our plans to the Kalispell Building Department ent for review later this summer. on behalf of Triple B Enterprises, LL ,ire ask that the Kalispell City Council continue discussion n the initial zoning request and prcaeed with annexation. Should questions arise regarding the referenced project or the current plans for the subject parcel, please Flo not hesitate to gall our office. sincerely. SCHWARZ ARC ITECXRE & ENGINEERING, Inc. C: Jeff Brown Bob and Bcrt DeProt Chris Kukulski Project He # 1 1 -03 rT 14 C rr rr . C E:\Project Res\Gfcc ioyof l { 4,{ SQr� . JlJ€ e 9, SCH WA RZ ARCH ITECTU R E AN D E N CINEERINC, INC. 100 �'I€cal Dr -,Suite 1 - Kal'15pell, MT 5 9o1 - Tel: _i ,1 -3- Fax: A1 w , . hwar7ae.corn � April 24, 2003 Mr. Chris Kukulki City Manager Kalispell, Men z. Reference: Annexation of Four Corers Propel Dear Cis: On behalf of otir client NIPO we hereby request that the above referenced annexation be removed from your agenda for approval at this time. Thanks for your time on this 'natter. Sincerely, JACKOLA ENGINEERING AND ARCHITECTURE, P.C. ' o . .3 .3 1 Box 1 134 -1830 YAve E Suite 302, Kalis ell,MT. 1 all local governments to adopt the same codes In order to maintain their certification wlf ffie State. Ordinance 1444 passed on first reading January 2 1. ousell moved second reading of ordinance 1444, an ordinance to amend ordinance No. 1416, adoptl � by refereuee, the "International Building Code', 2000 Edition, and the "International Residential Code", 2000 Edition, as the building codes of the City of Kalispell and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto* and establishing inan effective date. The motion was seconded. Larson asked if there is a companion cede In the International Fire Codes. Kerzman answered the State is still using the I, r forn Fire Code so there will be disconnect between the International Codes and Uniform Codes. The motion carried unanimously upon roll call vote with all members present. ORDINANCE I44 — WARD BOUNDARIES ADJUSTMENT --- IST READING Every ten years following the federal census cities are required to examine voter wards to determine whether they are fairly proportioned. The `ri-City Planning office has examined the Census 2000 block data and Ordinance 1446 adjusts the ward boundaries to he consistent within two percent Kenyon moved first reading of Ordinance 1446, an ordinance amending Section -I of the Kalispell City Codes (ordinance No. I34I) by re-establishing the boundaries of the wards of the City; The motion was seconded* There was no discussion. The motion carried unanimously upon roll call vote with all members present, RESOLUTION 477— ANNEXATION REQUEST — NI -PO � NIPO, LLC is requesting annexation of approximately ately . acres of undeveloped property located between Highway 93 South and Willow Glen Drive north of Lower valley Road, Kenyon moved Resolution 47, a resolution to provide for the alteration of the boundaries of the city of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "All, located In Section 29, Township 28 North, Badge 21 West, P.M.M., Flathead County, Montana, to be known as Four Corners Addition No. 32 ; to zone said property in accordance with the Kalispell Interim Zoning ordinance, and to declare an effective date. The motion was seconded. Kukulski gave a staffreport stating this is vacant laud that is not contiguous to the City. He asked the Council to compare this property to that. of the Willows, which was sexed in its raw state and also not contiguous to the City. In addition., when the US Highway South project is done, the urban standard will hegira at Four Corners with sidewalks, curbs and gutters. Hafferma.n read a written statement outlining why this annexation should not he before the Council. (Statement is attached and by this reference is made a part of the official record) Kalispell City Council Minutes March 3, 2003 Page Counsell stated he's also concerned about the ISO rating if we continue to annex property further and firffier south. He said the property is not contiguous and it would be a mistake to annex this property at this time. Kenyon asked Garner and l rodehl to respond. rodehl commented the ISO rating is only impacted by structures outside the rile and a half response area. He said bare ground would have no effect. Gamer stated the a.n.e.ation would require very little enforcement now, but would require more in the future when the property is developed. Olson said the Council may be acting too quickly if it approves this annexation, asking what if the highway project isn't built for many years. Hansz answered the contract is expected to be let in l ecerhber, 2003 with construction to begin the spring of .200. Larson said his biggest concern is the ISO rating. He said the City has constantly been trying to reduce the rating, yet a lot of times it does things contrary to that. In addition, he's still not convinced that the Council has agreed to extend utilities to Four Corners. lukulsli emphasized a resolution has been passed committing the City to extending those utilities, Jentz stressed that when someone asks to be annexed, it's usually for a very specific reason. He said it's not easy to annex' a piece of property, adding it would be easier to install a septic system and well. Jentz. said the developer would like to be annexed, whereas many others have opted to stay out. Leistiko commented he's sure - the developer is aware that if the property is developed before the highway project is complete it's going to cost a sizable amount of money to run sewer and water to his land. He said he's not concerned about the vacant land, but he is concerned with the ISO rating and if it's not necessary to annex this property at this time, then the City shouldn't be doing it. Haffernnan reminded the Council that the requirement that a developer is responsible for infrastructure has been on the books since 1982. He said he wasn't on the Council when the commitment was made to extend utilities, but if he had been, he would have emphasized it's in violation of the City's existing rules and regulations. Atkinson said it's a Catch 22, the City wants to annex undeveloped properties, but it also has a policy not to annul land that's not contiguous. He said he agrees with Hafferman that the Council should have looked at other options to extend sever and water to that area, however, a resolution has been passed and promises made. Atkinson said even though he voted in favor of the request at the Planning Board level, he didn't see any compelling reason for the annexation and the City should follow its policies and pass on the annexation at this time. Olson moved to table Resolution 4775 for sixty days. The motion was seconded. The motion carried upon roll call vote with Atkinson, Kenyon, Leistiko Olson and Mayor Kennedy voting in favor, and Counsell, Hafferman, Larson and Peters voting against. Kalispell City Council Minutes March 3, 2003 Page ORDINANCE 1447 — INITIAL ZONING """ N. C — ISM" READING NIPO, LLC is requesting a zoning designation of - , General Business, for the property listed above. It is currently zoned County -2 Olson moved to table ordinance 1447 for suety days* The motion was seconded. The motion carded upon with Hafferman voting against. SCHOOL DISTRICT 5 1N ERLOCAL AGREEMENT — RAWSON FIELD School District 5 has requested that the City Council approve ,a five-year agreement to allow off- street parking on City property adjacent to Rawson Field. Larson moved the Mayor be authorized to execute the Interlocal Agreement on behalf of the .sell City Council with School District 5 concerning parking at Rawson Field. The motion was seconded. uk-ulsi gave a staff report. Atkinson asked if it's understood that any improvements made to the property by the School District becomes the ,property of the City once the agreement has ended. Kukulsl i answered that's correct. Atkinson commented the City has requirements relative to parking lots, specifically that they be paved. He asked if this area will be pared. Kukuls i said that has been discussed and the bottom line is that school districts don't necessarily have to follow city ordinances, and In this case it's beneficial to both parties not to have it paved. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Haffern an asked that both issues presented by the public this evening, the residency requirements for elections and the sign ordinance, be placed on a work session for discussion. Mayor Kennedy noted anotber issue for a work session is the NIPO annexation. ADJOURN The meeting was adjourned at 7:57 p.m. � t an ela . Kenn. Mayor S T i } F Theresa White City Clerk Approved March 17, 2003 Kalispell City Council Minutes March 3, 2003 Page i Atkinson questioned lots 3D and 3F. and Wiison answered that, yes, they were. out of the s bd.ivis'ion and one property owner was in the audience. she .'- said they were` ffit rested in connecting to City services once they became. available and would be required to annex at the time of connection. Norton asked the developer if they had a deadline ine on each phase for completion and Stauffer said there was a time period for final plat approval of 3 years. He said they would like to proceed faster, . depending on how the lots seq., Vain Matta complimented them on a well laid out subdivision. He noted a ooncem about the bark on the road not allowing for site distance. and said he hoped it would. b ' e graded. He asked that be suggested to the engineering de partment. rtent. Atkinson asked if the cul-de-sac had gone through site review and the Fire. Department and Wilson said that was a design issue. When the roadways. -were designed it would be reviewed by the Kalispell Public Works ' Department _for compliance with the Kalispell resign and Construction Standards and would reed to comply. ROLL CALL (MAIN) I The amended motion passed unanimously on a roll call vote. N � LLC INITIAL request by NIP , LLC for are it al zoning designation of B-2, ZONING General Business, upon annexation into the city of Kalispell on approximately 9.33 acres that lies between Hwy 93 south. and Willow. Glen Drive north of Lower Valley Road. Cli a r and 3 Zoning �,�� .� assIon ' STAFF REPORT ` Narda Wilson, with the ' ri-City Planning office, gave: #KA-03-1 presentation of staff report KA-03-, a request for initial zoning o -2, Genera. Busffiess, upon annexation of approximately .3 acres located can the:'e-dst side of Hwy -3 South., west o Willow Glen Dn've and north of Lower Valley Read. She said they would e connecting to City s ervic s s soon as- o ssi i , i.e. rh.en the , extension o ser ices was done wi the reconstruction of Hwy 93 south between Ashley Creek and Flathead County Courthouse. There are no plans to develop the property unW such time as'the services are available and the property is currently undeveloped. The property owner is requesting City -2,- a. General Business zoning district, upon annexation concurrent with the existing County ty l #2, General Business, Zonm'g desi atiorn.. Wilson -reviewed the findings of fact and statutory criteria and recommended mend.ed the planning board. forward -a recommendation for Mitial zoning as -2, General Business, upon annexation. Hui asked what their motive was and Wilson answered that when utilities were available they would be there -to connect, There was a brief discussion regarding annexation and the fact the property wa8 not contiguous to the City. Wilson stated the Hwy 93 corridor. would be annexed once the utilities were i place and that would make it contiguous. She said there was no down side because it was completely undeveloped and suggested that whether to sex the property or not was a. Come. decision. The real issue before the planning board is a. recommendation for appropriate zon if and when the propel was annexed by the council. Vain Matta s'did they were assuming .tilities would be part of the Highway project. Wilson said it was her understanding that was still the plan and that commitments had been made on the part of the City and the design was included as part of the - MDOT project. . APPLICANT/����� , surveyor for the project, said they were anticipating that utilities would be extended to that area and they were trying to stay ahead of the curve. There were no plans at this J,time for a project. PUBLIC"HEARING a The public 'nearing was opened to those who wished to speak o the �.ss. &alas JLra. f � f C l'�ix.* L. 4�' `1�.3� ,+i �Li.�L4t ,%.x rw... k-)ni y{r"�. ..T- i)mmis ion . A .�. i r ly *..1 .. Y�l.. tJ t`,} # �y [y �-.� k MC A.� i.�, ,-_ 1 D T PUBLIC COMMENT , I No one wished to speak and the public hearing was closed.. MOTION, Ta for roved and Anderson seconded the motio -to adopt staff report KA-03- 1 a mid s of fact and Forward a. recommendation to the Kahs eH City Council that the initial zoning for this property should be -2, General Business, upon annexation. BOARD DISCUSSION 'Atkinson thought it was important to vote against the request because it went against the! policy of the City and, he did not see tel1ing reason for a negation at this time when it was not contiguous. Wilson poin.ted out that it . wasn't really under the board's purview wh t er the propel should b -annexed. she sai-d their issue dealt with what the zonm'g should -be upon a r2e. ation to the City. Norton asked if they could recommend approval of the zoning. upon receivmg city sere ees. Atkinson asked what advantage or disadvantage there was to zoning it now and Wilson said when it does get annexed it would developed. to City standards and would be reviewed for compliance, The provision of City utilities would allow the development of the site at a,higher and more intensive use than without utilities, If the .row were to be developed prior to eeivmg serviees with less quality and desirable uses, it would be difficult to try to redevelop the property" at a later date. Atkinson asked about relative taxes and Wilson said the property owner would be subject to City assessments, but not nor to annexation. Wilson stated -hat until the ropertv eras annexed it would sta. County -2. she advocated reasons for zoning the property now. ROLL CALL The motion passed unanimously ona roll call vote. �OLD BUSINESS Wilson reviewed the status of the Groff Policy. She said the only significant change prior to formal consideration by the Kalispell CAv Council was the creation and. clarification a io on the amendr .er t process. The neighborhood plan process was f broken down into two processes; 'one, a e, h or. ood plan arae.de and two, a generalla amendment. The to f issue was tat tie acres on -he corer of la gall ? aid iese 7e be designated oommere a e said t as sill � tr vers ai gut e r e as � s de -,.hLT-_:owth oolic.17 Tri-City Planting Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 'hone: 1-5 Fax:(400).751-1858 trl'city@centiirytel.net February 21, Zoo Chris K .ku1 sl i p City Manager City of Kalispell to. Box 1" Kalispell, MT 59903 Re Annexation and Initial Zoning o -, General Business, for NIPO, LLC 'Four Corners Dear Chris: The Kalispell City Planning Board met on February 11 � 2003, and held a public hearing to consider initial zoning for approximately 9.33 acres that lies between Hwy 93 south and Willow Glen Drive north of lower Valley Road. The property is currently in the County zoning jurisdiction and is zoned -2, General Business. A petition for annexation was received from the property owner and a request has been made for B- 2, General Buslness, zoning upon annexation. This zoning is consistent with the existing County --2, General Business zoning in intent and anticipated uses. The property is being annexed in order to receive City services when they are avaii.a. le with the reconstruction of Hwy 93 and anticipated extension of city services. Ta da Wilson with. the Tri-City Pan Office presented staff` report KA- 03-1, evaluating the proposed zoning noting that the proposed zoning is consistent with the existing zoning and anticipated use of the site. No one spoke at the public heahng, ,after the public hean'ng the board discussed the zoning for the property and the scheduling of the reconstruction of Hwy 93 South. The board noted they were considering the recommendation a.tion on the zoning upon annexation not whether or not the property should be annexed as that is a council policy decision. A motion was made a. d ,passed unanimously to forward a recommendation that initial zoning for this property should be -2 , General Business, upon annexation. Please schedule this matter for the March 3, 2003 regular city council meeting. , g;. 'You may contact this board or Narda. Wilson at the Tri -Cit r Planning Office if.you have any questions regarding this matter. Providing Communitv Planning Assistance City of Kalispeil& City of Columbia Fails * Cite of W i e i o NJPC), LLC Annexation amd Initial Zoning February 21, 2003 Page 2 Sincerely, Kalispell City Planning Board /A it / Ran Van Natta President RV N Attachments: xigmpetition to annex and .legal description. Staff report KA-- 1 Draft minutes 2 1 3 planning board meeting; r/ Att: Theresa White, Kalis l Cit y Clerk o Att: NIPO, LLc , 1839 Third Ave E . , Kalispell MT 59901 Ja kola Er g, Box 1134, Kalispell MT 59901 NIPO, LLC — Four Corners Hwy 93 South Extension of Selvioes Plan and Cost of Semites Analysis Availability of PubHe Services-andUtjlifi�es The broad -based extension Of services plan, together- wiffi ffis irmini-plan," comprise the Extension of Services Plan for this annexation. Once annexed to the City, full City services will be made .e available to the propel owner. The subject Propel is -wig the Service Area Boundary of the City of Kalispell as described by the Extension o Services Plan adopted -by the City of Kaiis ell on November 5, 1995 (Resolution #424 1) .' Overview of Utilities and Public Ste: Sewer-: City of Kalispeli Water: City of Kos e Refuse: City of Xah+�.e. o contract hauleravailable Electricity. Flathead Electric Cooperative Telephone: e: ce t ryTel Schools: Kalispell School District Fire: Kalispell Fire Department Police: Kalispell Pchce Department Existing Services: Water.- An eight inch water s- main belonging to the City of Kalispell lies approximately 2000 feet to the .off; of this site along the east side of the airport runway. This water Malso serves two hydrants located in the area.. Sewer- A. eight inch serer mar*n along the east side of the. airport runway app xant ely 2000 o -feet now of the site. This main belongs to the City of Kahspell. The wastewater- treatment plant lies to -the west of this site and sewage is routed there via a gravity mam, Storm. Drainage: A storms drain s s ern lies - within the Hvvy 93 right-of-way. and is owned and raam'tained by the Montana ,department of Transportation. This storm drain system may be able to be accessed the propel owner. If not storm water management wiE need to be handled with on -site retention methods, s, Streets: This property has access via UTS Hwy 93 South which is maintained the Montana. Department of Transpor a on- The City does not pravide m tenance to roads t at se�ce this pr oiler t. Gar-ba e Collection: Available by contract froni private companies. ies. rote ''on: Flathead Co ty Sheriff s Department. `ire rotection: South 11(_ahs-Dell Rural Fire Distr'ct. An � Needs and Cost. Water: A water mam' is' anticipated to be e t r ded to tho, yea with the rec .stf- ction o Hwy 93 South between Ashley Creek and . the Flathead County Courthouse. A dire hydrant will likely be rir d to placed in close proximity to the site 'with. -the reconstruction o the road and extension of -grater to the area.. Conne tion fees would be Paid to the Kalispell Water Department at the time of connection. Costs associated with the extension of the service lie and any additional hydrants that might be required would be the responsibility o f the property owner. 'there -is adequate, water supply and water pressure for the service when extended.. There would - be ' al costs to the City of Kalispell associated with the long terrm r amtenan of the new water r'a n and the maintenance of the hydrant; sewer: Semce wa s d be extended .corn their e,; sting location on the east side o the City Airport Runway a.ppro�ate y Zoo feet to the north of this property} These are anticipated to be extended as part o .-the Hwy 93 South reconstruction plans ' etween Ashley creek and the Flathead County ty Court -house. Connection fees would he pad to the city of Kalispell for sewer at the time of connection. There is adequate capacity wither the water treatment plant and collection system to service this. property once connected. �• 'there would be ramal costs to the City of Kalispell associated dth, the continued maintenance of the sever Vie. a Storm am p li storm drainage systems. lies r the Hwy 3 South right-of-way owned and mainta* ed. by the Montana Department of Transportation. It - s unclear at this time whether or not this property would have access to the stormwater r management system in the area.. On site retention of storm water could be used for storm water Management at the ,time the property is developed. No new storms water management facihties will he developed, owned or maintained by the City of KalispeH and no additional costs would be incurred. Streets: the City of Kalispell Puhllc Works Department does not provide maintenance e to any of the roads that service this site and no new roads are anticipated., The Montana Department of Transportation ma mains Hwy 93 South that provides access -to this property, and vvffl continue to do so. +�There will e no additional costs associated with the maintenance of this road since the access road to the site is maintaaned by the Montana Department o Transportation and no new roads will be developed which would be taken by the City of Kalispell or would become a public roadway for which the City is responsible for .am enanc . Solid. Waste of ection: h.e � �� f D alispe . 1can and would id provide solid taste dick- .p ,Lor the s'te s he � s propel becomes ice€ e -or municipal service. c ad.d tionai set ve . - ire h r o er k� s_CIv o ld be 'nc' .r ed -die solid waste {eax'e r�ae"Oil e s =e eTo�etse :ors. P l.ce Fire: City of Kalispell Police Department and Fire'Department errt will be available td provide services to this property upon annexation at approximately the sa.r e , level as of .e'r r p rties`. within the City. A hydrant new y .ra t will rely be requzred to be placed on or near the property at the time additional development occurs. • insignificant additional expense to fire - and police can be a. soc at d with this annexation. City Administration: The City of Kalispell would provide administrative services to the residents of the subdivision from the mayor and city council; city manager, city attorney, finance. department and city clerk. • Insignificant impacts to these offices and the services they offer would result from the development and annexation of these.,properties. Total Ci and Cast of Services ,tt:* �iat Spe cia.l ssessme ts: 'here acre no spe ia.l assessr. e is would be required any additional s walk� water or sewer iLinprovements. Any improvement would -e paid by the developer in accordance with the City's extension of services plan and policies. k I • There will be undeternnined, special assessments or SID associated with this property. Storm seer dr assessments: Storm sewer assessments based on the square, foot of- the propel with are average square footage of approximately 9.33 acres (des 43.,,-560 s . feet). o , 15 square feet e.based on _0052 = $2113 Street maintenance assessments: ents: Street maintenance ass ssriner is based on dhe square loot of the propel with are average square footage of approximately 406,4 15 square feet would be based Orl { 3. Urban forestry assessments; Forestry assessments ents based on the square foot of the, property with are. average square footage of appro =ately 406,415 square feet woizld be based an a rate of . 00 135 = General revenue. Based on an assumption that the i.ding° wo 1d -be' assess at approximately $300,000, and the taxable value at $10,629 (0.03 3 x $300,000) and the 2.3 mill levy, the additional revenue to the City of KalispeH would be $1,620. Total Anticipated Revenue: t Additional Expenses to the City of Kalispell wo l e estiffiatec at: None: Additional Revenue to the City of Kalispell at fu-build out estimated at: �7778, Extension and Finance Strafe Extension of water and e-wer mains would e made -from the e-,usting locations -to the property as needed at the developers expense along with connection Fees. The connection fees would be pay.d to the City oKaspell for water and sewer. NI, C INITIAL ZONING OF. B-2 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT IKA-3- 1 FEBRUARY 4,2003 . report to the Kalispell Citv PlanningBoard and the Kalispell City Council regarding a request for are` initial. zoningof --2 upon annexation into the city. A public hearing has been scheduled before the is nin ' board for February 11, 2003 beginning at : o PM in the Kahs ell City Council Chambers, `he planning board} w-ill forward a recommendation to the Kalispell City Council for ma . action.. This report evaluates the appropriate ass game t of a -City zoning classification in accordance with Section 2 .o3.o to of the Kalisp6l Zoning ordinance. The petitioner would like to annex in order to receive City services when they are extended with the Hwy 93 south reconstruct. A. Petitioner and: Owners: Technical sist c . NIPO, LLG ]. g30Third Ave East Kalispell, MT .5990I (406) 75I-4680 Ja ko .a Engineerm & Architecture P.O. Box 1134 (406) 7- 20 B, Location and Legal Description of Property: The property proposed for annexation i located, on the east side of Hwy 93 approximately 2,000 feet south of the current city limits. It lies between Hwy 93 south and Willow Glen Drive north of Lover Valley Road. The property proposed for a e atio . can be described asAssessor's '`bracts 1 IEGI 11E� 1 IEC, 11E � 11E, 11E , 11EE , 1 1EFA, 1 1 � 1 1EE and 11 EH in Section 29, ToAmship 28 North., Range 21 West, ,M . M., Flathead County, Montana. C, Existing zoning: This property is currently located in the County zoning jurisdiction and is zoned B-2 , a General Business zoning district which . allows a wide variety of uses Mcluding uses that require areas for outdoor display and storage of merchandise. This zoning district is intended to serve the traveling .lic and has been located along major or highways and thoroughfares in the court ,,. Proposed Zoning: The property owner is requesting City B- , a General Business zoning district which is similar in latent and the t es of allowable uses as the County B-2 zoning. The B-12 district is intended to provide areas for retail sales and sendces which might require outdoor cas-Dlav of se and c� c general neeas o the otorir�iic. The ' B-2 areas in the city are typically located alorig major or transportation corridors. El size: The area proposed for annexation and zoning contain* s approxunately . 3 3 acres. , emsting Land Use: This property is currently undeveloped. G. Adjacent Land Uses and Zoning: The character o the immediate 'area is generaNy oominercial M character vith several 'businesses displaying large merchandise in an outdoor area. North-. € lster y business, appliapce sales, RV sales; count` and City -2 zoning South; Motorcycle sales, county -2 onm' East: Boat storage and sales, county 1-1 zoning West: city Airport, City '- 1 zoning H. General Land Use Character: The general land. use character of the area is a generaffy commercial with some e light industrial uses Gong the Hviry.93 corridor to the north and south. Availability Public Services.- city eater and " sewer are planned to be extended from their current location approximately 2000 feet to the north to the Four comers area with the rec tr ctlon of Hwy 93 between Ashley Crc,%ek and the .flathead County Courthouse. This r constr ct on, -was anticipated to begin in the Spring of 2003. However, ROW acquisition issues have required that this project be broken down into two segments and construction this area may not start until 2004 or later. Once in place, these utilities will -be available to this property for connection. Other City services Mol dinpolice, fi re, solid vvaste and administrative services can be provided to this site. The statutory basis for reviewing a change in zoning s -set Forth by ' - 22 205, M.C.A. Findings. c)f fact for the zone change request are discussed relative to the itemized crlter'a described b - - o3, M.C.A. This area was zoned in accordance with the Kalispell city-eo :hty -Master Plan Map which designated this area. as Commercial with are orientation toward general commercial ses because of its proximity r along Hwy 93. The current and proposed zonin are er. eras.. consistent with regard to the types of uses anticipated in the distr'ct. Locating the type of general commercial uses along a. major or highway corridor in an established commercial area is consistent with zoning and uses In the area.. The proposed zoning of this property ,to a. general business zoning district is consistent with emoting County zoning and will not result in. a. charge in use or the anticipated. -level of traffic generated from the site. Hwy : 3 -South is a major arterial in the Kalispell Transportation Plan and this area currently accornrno at s a. variety of general commercial uses appropriately located along this major roadway. r There is no obvious increase in risk related to the proposed -2 zoning district which would impede fire or police access to the site. Access for fire and other emergency services is generally good.. Because this anhexation will enable the property owners to connect to public sewer and develop the property with full public services, the public health and welfare of the community will be served. This property is c.urrently undeveloped and, any future development of the site with a com ercial � use which right be "planned for this property win be required to comply with the development standards of the -2 zoning district, which assures that there is adequate'light and air. The requested zoning designation is consistent with the type of development, which would be anticipated under the .c rrent County oning. The requested zone will not contribute to the overcrowding of land because it will be developed in accordance With all City regulations, RON .n i�r ease M' the concentration of people and are increase In the intensity o uses may result under the proposed annexation since the property will be able to be developed more densely that It would in the county without public utilities. However, the proposed City zoning is consistent with the current County zoning. Furthermore, the development standards in the district are intended to avoid the undue concentration of people in the area beyond. what the Infrastructure and facilities are able to accommodate. e requested zoning mi -1 not impact the vi provision The of services, but wiE allow t�. propel �to develop this site t higher density �d tensity than. w d otherwise possible once f.fl unties are available.- Water and serer are currently not available to this property but are antic' ted to be extended with thexeconstruction of Hwy 93 South anticipated to bed in Spr'm'g of 2003. MY WMO O * fi t..... .... The proposed zoning is consistent with the current -2 zoning of the propel and the properties in the immediate area.' These properties have been developed with boat sales and storage, offices, business Offices, a convenience store and other commercial uses, in the immediate area. The proposed z rein gives adequate consideration to the suitability of the propel for the uses allowed under the City B-2 zoning. The general character of the area is pr ay limited commercial and light industrial uses -in the immediate area. 'these are, appropriate to the him volumes of traffic and high visibility along the Hwy93 corridor. The requested zone gives reasonable consideration to the character the area and is consistent with other development in the area. Value of the huildings in the area will be conserved because the uses awcd n.der the -2 zoning would be generally consistent and complementary to other uses c area. The most appropriate use of land throughout the junMiction is the genera commercial zoning designation being requested. This is consistent with the uses and other zoning in the area and promotes the stability and neighborhood character of the immediate area. it s recommended that the Kalispell City- Planning Board and adapt Sty Report as #K-03-1as findings of fact and `or va-rd the Kalispell Cltv Council that the initial zoning _ior -this pro General Business, UPOn annexation. �Iw p Zoning Comrnisic recommendation to ew should be - , Tri- lity Planning Office 17 Second St East, Suite 211 Pn; -1Fax: -(406),.751-1858 IC PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL DEC 10"' 2002 NAME 4F APPLICANT: IPo, LLc TRI-CITY PLANKING OFFICE MAIL ADDRESS:. Ord Ave. East CITY/STATE/ZIP: Kalispell, XT, 59901 40 - -4 0 P��:.. ...... ..... INTEREST IN PROPERTY: Owner Other Parties of interest to be N ti ed: PARTIES S INTEREST Jackola Engineering rch Lecture .' . MAIL ADDRESS; P.O. Box 1134 CITYS' ' ` .P: Kalispell, MT. :59903 PHONE. 40 - - 08; �'ERIEST IN PROPERTY: Engineering. Surveyor PLEASE COMPLETE THEYWING: Address of the property: { Legal Description: See Attached (Lot and Block of Subdivision; Tract (Section, Township, Range)(Attach metes and bounds as Exhibit The present ,coning of the above property is: County Willow Glen -, The proposed zoning of the above propel is; Csty State the changed or changing conditions that make the proposed amendment necessary: The City extension of servicesla includes h area for u it . e. upgrade along with the Highway improvements. annexation of the adjacent properties to these utlity extensions is essential to justify andprovide return for these costs. It is only appropriate to annex the property under e sane zonings occur ex e c an The sl mm� of this application signifies that the foregoing information is tree and accurate used upon the best information available and further grants approval for Tri-City Planning staff to be present on the propel for routine i ton dwing the armexation process. (Applicant) Dte ORDINANCE NO. 1 1 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY of KALISPELL ZONING ORDINANCE, NCE, (ORDINANCE NO, 1 , BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS FOUR CORNERS ADDITION No. 321 AND FURTHER . S RIBE ON EXHIBIT 64A ' LOCATED ED 1N SECTION , TOWNSHIP 28 NORTH, RANGE 1 WEST, *M,M,, FLATHEAD COUNTY, MONTANA PREVIOUSLY ZONED COUNTY B- , GENERAL BUSINESS) TO CITY B- (GENERAL BUSINESS), IN ACCORDANCE WITH THE I ALI SPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE BATE. WHEREAS, NIP , LLC, the owner of the property described on Exhibit "'A", petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned -, General Business upon annexation, and W BRF,A.S, the property is located between the east side of Highway 93 South and Willow Glen ,Drive north of Lower Valley Road, and is undeveloped., and W ERIF,A.S, the petition of NIP , LLC was the subject of a report compiled by the ri-City Planning office, KA-- 03 - 1, dated February 4, 200 3, in which the Tn-C j ty Pl ann n. Office evaluated the petition and recommended that the property as described above be zoned B- , General Business as requested by the petition, and WHERIF,AS, the Kalispell City Planning; Board and Zoning Commission adopted the' CPO report and recommended the property as described be zoned B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, the City Council finds such initial zoning to be 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 Counter Commissioners Etc. 5 90 P2d 6 02, the findings of fact of TCPO as set forth in Report No. KA-o --1. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of KALIS ELL AS FOLLOWS SEC ION 1. Section 27.02.010, of the official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 4is hereby amended by designating the property described on Exhibit "A" s B-2, General Business upon annexation. SECTION 11. The balance of Section 27.02.010, Official Zoning Map, City o Kalispell .honing Ordinance not amended hereby shall remain In fall force and effect. SECTION I 1. This Ordinance shall be effective thirty o) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED Y THE CITY COUNCIL of THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 6TH DAY OF JUL, 2004. Pamela B. Kennedy y Mayor ATTEST: Theresa. White City Clerk EXHIBIT "A" Land located in the Northeast Quarter of the Northeast Quarter of Section 29, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montanan and more particularly described as follows Commencing at the Northeast section corner of said. Section 29 indicated by a found aluminum monument and which point is the tme point of beginning; Thence Soo° 19' " , on and along the East boundary of said Northeast Quarter of the Northeast Quarter, a distance of 8 2 7.51 feet to a point; thence S 8 9°40' 2"W, and leaving said East boundary, a distance of 3 0. 00 feet to a found "' rebar and which point lies on the West right-of-way boundary of a 6 0- foot declared County road known n as Willow Glen Drive- thence S 1 11'34'V, on and along said Nest right-o way boundary, a distance of 94.70 feet to a found 5"" rebar and which point is a point of curvature; Southwesterly, on a curve to the right (delta = 2'0'0", radius = 328.08 feet and radial bearing; = N82' 4' 19"'W), an arc l en th of 149.55 feet to a found 8" rebar and which point intersects with the East right-of-way boundary of U.S. Highway 93 and which point is in the .midst o f a curve; thence Northwesterly, on a curve to the left (delta = 0 9'5 1' 1 ", radius = 2 972.43 feet and radial bearing = S 8 3 '4 "W), an arc length of 511.25feet to a found " rebar; thence N34°3 72 8 "W, on and along said right- o. way boundary, a distance of 454.04 feet to a found 5 " rebar; thence N41 ° 12'o " Irv, continuing on and along said right-of-way boundary, a distance o 116. 00 feet to a found 5/ " rebar; thence N33104"41 "W, continuing on and along said right-of-way boundary, a distance of 173.83 feet to a found " rebar and which point lies on the North boundary of said Northeast Quarter of the Northeast Quarter; thence S 9°3 '48" , on and along said North boundary, a distance of 753.33feet to the true point of beginning. These tracts contain a total of 9.333 acres and subject to and together with a -oot declared County road along the East boundary as shown hereon and subject to and together with all appurtenant easements of record.