Staff Report/Annexation & ZoningFlathead Regional Development Office
September 21, 1988
Honorable Mayor and City Council
City of Kalispell
P. 0. Drawer 1997
Kalispell, MT 59903
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 752-5300 Eat. 279
Re: Annexation/Zoning of Lots 14, 15, and 16 of Block 3, Phillips
Addition
Dear Mayor and Council Members:
The Kalispell City -County Planning Board and Zoning Commission, at its
regularly scheduled meeting on September 13, 1988, held a public hearing to
consider the following agenda item:
A petition by Robert C. Lincoln, Robert E. Lincoln, and William T.
Lincoln for annexation and zoning of Lots 14, 15, and 16, Block 3, of
the Phillips Addition. A zoning classification of Neighborhood Business
B-1 is being requested.
The public hearing received testimony in favor of the annexation and proposed
zoning by the attorney of the petitioners. Commission discussion followed and,
after careful consideration, the Zoning Commission unanimously adopted
Annexation/Zoning Report #KA-88-2 as the findings of fact for the following
recommendations:
That annexation be approved subject to the following conditions:
1. That the city water main be extended as necessary to install a
fire hydrant at the northwest intersection of Woodland Park Drive
and Conrad Drive. This requirement can be accomplished on a cost -
sharing basis with the parties seeking annexation of Lot 13, Block
3, Phillips Addition.
2. That the water main extension and fire hydrant be installed in
accordance to all applicable city construction codes with the cost
of said improvements to be borne by the petitioner.
3. That all delinquent taxes be paid prior to annexation.
4. That all parties having legal interest in the subject properties
consent to the annexation.
5. That the parking lot of the Scoreboard Bar be paved and comply
with city standards for storm drainage.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell 0 City of Whitefish •
Honorable Mayor and City Council
City of Kalispell
Re: Annexation/Zoning Lots 14, 15 and 16, Block 3, Phillips Addition
September 21, 1988
Page 2
6. That the properties not be annexed pending completion of the
required improvements or posting of a utilities extension
agreement to guarantee completion of the water main extension and
fire hydrant within a period of six (6) months following the
effective date of annexation.
That the subject properties be zoned Neighborhood Business B-1 in
accordance to the Kalispell Zoning Ordinance.
This recommendation is forwarded to you for your consideration and action. The
annexation is being proposed under the procedures of "Annexation by Petition"
with a public hearing scheduled, relative to the zoning, during the Council
meeting of October 3, 1988.
Contact this Commission or the Flathead Regional Development Office if you
have any questions.
Respectfully submitted;
KALISPELL C Y-COUNTY PLANNING BOARD AND ZONING COMMISSION
Charles Manning
President
DMG/arw
Attachments: FRDO Staff Report #KA-88-2
Vicinity Map
Correspondence from Richard DeJana to David Greer 8/23/86
Letter of Application from Richard DeJana to City Council
2/17/88
Correspondence from Andrew Hyde to Dennis Carver 3/25/86
Memo to David Greer from Glen Neier 9/6/88
c/wa: Don Halver, City Clerk
Craig Kerzman, City Building Inspector
Glen Neier, City Attorney
Noel Furlong, Chairman of Parks/Public Lands/Annexation/Zoning/Airport
c: Richard DeJana
ANNEXATION/ZONING REPORT #KA-88-2
FLATHEAD REGIONAL DEVELOPMENT OFFICE
A report to the Kalispell City -County Planning Board and Zoning Commission
and to the City Council of Kalispell on the annexation and zoning of three (3)
lots in the Phillips Addition, adjacent to and on the easterly side of
Woodland Park Drive.
In a letter to the City Council of Kalispell of February 17, 1988, Richard
DeJanav attorney, acting in the behalf of Robert C.' Robert E. and William T.
Lincoln petitioned the City of Kalispell for annexation and zoning of Lots 13,
14, 159 and 16 of the Phillips Addition. However, the Title Report
accompanying the application indicates that fee simple title is shared among
several other individuals/agencies. Consents to Annexation will be necessary
from a majority of the parties having legal interest in the property.
The property subject to the annexation request is described as Lots 13, 14, 15
and 16 of Block 3 of the Phillips Addition. It is generally located on the
easterly side of Woodland Park Drive and south of Lenwood Lane. Preceding this
annexation petition is a separate request for the annexation of Lot 18 of the
Phillips Addition.
Character of the Area:
Various types of commercial businesses front along the easterly side of
Woodland Park Drive. On the westerly side of said road is Woodland Park. Most
of the Phillips Addition is occupied by residential dwellings.
Under the City of Kalispell Zoning Regulations, zoning must accompany all
territory annexed into the City. The Kalispell City -County Planning Board and
Zoning Commission is required to make a recommendation on the appropriate
zoning classification. This is accomplished coincidentally with the annexation
processr which is being pursued under the provisions of 7-2-4601 (3) (a),
M.C.A. A public hearing on the zoning request is scheduled before the
Kalispell City -County Planning Board and Zoning Commission on September 13,
1988. A second public hearing will be scheduled for the Kalispell City
Council.
1
Basis for Consideration
The annexation request was initiated by the "Lincolns" in response to the need
for city sewer services. Connection to the city sewer was necessary upon
failure of the septic system of the Scoreboard Bar. Use of such city services
is contingent on annexation.
Contiguity
The city limits of Kalispell extend to Woodland Park Drive. The subject lots
adjoin this road.
The property is currently zoned Neighborhood Business 8-1 under the provisions
of the Flathead County Comprehensive Zoning Regulations.
Existi[!g Uses
The Scoreboard Bar occupies aportion of the property as does a vacant
building. Two of the lots are vacant.
Services
An Extension of Services Plan, as required pursuant to 7-2-4732, M.C.A. has
been adopted by the City of Kalispell. However, 7-2-4305 (2) also allows a
waiver of said services plan for first class cities, "while otherwise mutually
agreed upon by the municipality and the freeholders of the area to be
annexed." A letter from the water and wastewater superintendent of Kalispell
to Dennis Carver on March 25, 1988 describes the principal requirements for
sewer line extension to the property.
-
The public water supply system of the Phillips Addition provides water
to the lots. The Kalispell Fire Department is requesting a fire hydrant for
the corner of Conrad/Woodland Park Drive. A water main extension to the City
of Kalispell water system will be necessary to provide the hydrant service to
that location.
A 10 inch sewer main was recently extended to the vicinity of the
Scoreboard Bar by the city. An eight (8) inch main was installed by the
petitioner extending northerly along Woodland Park Drive.
Nol
Other City Services: Police and fire protection and garbage collection will
be available to the property upon annexation into the City.
Road access is conveniently available from Woodland Park Drive.
EVALUATION OF ZONING REQUEST
The petitioners are requesting a Neighborhood Business B-1 zoning
classification in accordance to the Kalispell Zoning Ordinance. This request
is confirmed in a letter from Richard DeJana, dated August 23, 1988. An
evaluation of that classification is discussed below pursuant to the criteria
of 76-2-3049 M.C.A.
The proposed B-1 zoning classification is compatible with the mapped and text
descriptions of the Kalispell City -County Master Plan.
The City B-1 zoning classification is compatible to the existing county zoning
classification so no increase in traffic potential or congestion is expected.
In fact, any future change in use of the existing structure should be less
"intensive" than the current tavern operation.
Will thergggested zone secure safety from fire, panic, and other da ers?-,:
The proposed B-1 zoning classification will limit allowed uses to those that
are neighborhood -compatible; thereby posing less likelihood for the
significant impacts that might be associated with a more intensive commercial
zoning classification. In the case of existing non -conforming uses, the B-1
zoning classification would severely restrict options for expansion.
Annexation will be linked to the provision of a fire hydrant and the existing
level of other such services as police and fire protection should be adequate
to accommodate to anticipated demands of uses that might be associated with a
8-1 zoning classification.
The proposed B-1 classification is in the general public interest. The
classification will promote orderly growth and development consistent with the
surrounding character of the area. The zoning is consistent with the Master
Plan which reflects the preferred development pattern for the City and
vicinity. The B-1 zoning is an effective transition zone between a public park
and residential area. And because of its location and anticipated land use
integrity, city services can be adequately provided and as such, serve to
protect the general public health and the general public interests.
3
The bulk and dimensional standards of a B-1 zoning classification, such as
height, setbackv and floor area ratios will ensure adequate light and air
consistent with the "light" (non -intensive) commercial nature of the
classification.
,�Z'.Will the requested zone prevent the overcrowding of land?
Overcrowding can be e function of many variables including excessive land
coverage or the occurrence of uses that place excessive burdens on public
services. In this particular situation, services are available to adequately
accommodate the needs of B-1 uses. The required setback distances and the
maximum floor area ratio of a B-1 classification should also prevent the
"overcrowding of land."
Will the requested zone avoid undue concentration of peopleN
No permanent population of people will be associated with the proposed
classification since residential dwellings are not permitted uses. The list of
permitted uses is intended to represent those uses that are compatible with
residential neighborhoods so the potential for "excessive" people is less
likely for a "neighborhood" classification as opposed to any of the other
commercial zoning classifications.
water sewerage, schools, parks, and other public rmuirements?
Many of the public services are currently available to the property such as
electricity, telephone, and roads. Sewer had to be extended to the property
and a water main will need to be extended to the vicinity in order to
accommodate the installation of a new fire hydrant. Extension of these
facilities will facilitate development of other properties in the vicinity.
The 8-1 classification, however, will have a minimal effect on the demand for
schools and parks.
�Does the reauested zone Qive consideration to the particular suitability of
('
the property for particular uses?
The property is best suited to light commercial or professional office uses.
It has favorable street frontage and services are available for the needs of
a B-1 classification. The current "tavern" use in not compatible with the B-1
classification but would be "grandfathered" under the non -conforming
provisions of the Kalispell Zoning Ordinance.
4
The property is ideally suited to "light" or neighborhood compatible
commercial uses. The property adjoins a street "collector" and is situated
between a public park and a residential neighborhood. A zone that allowed more
intensive uses would negatively impact these adjoining properties.
Y�Will the oroposed zone conserve the value of buj1AjnqA2
The B-1 zoning classification would help implement the Kalispell City -County
Master Plan and thereby help to promote the general public interest. It would
also serve to compliment the adjoining "park" and residential neighborhood,
which will help maintain the values and current uses of the adjoining
properties. The potential value of the existing tavern could be affected
either positively or negatively. On the negative side, expansion would be
limited due to the non -conforming status whereas a positive aspect might be
the perceived special situation of having a tavern in a location that cannot
similarly be extended to other similar uses. In other words, the existing
tavern can continue to exist in an area where such a use would not otherwise
be permitted.
/Will the requested zone encourage the most apprc
throughout the municipality?
The Kalispell City -County Master Plan indicates that this area, when
considered on a city-wide basis, is best suited to neighborhood commercial -
uses. The Plan distinguishes between "Neighborhood," "Highway," and "General
Commercial" districts. Due to the character of the subject area, the latter
two "districts" are not appropriate nor is it prudent to promote strip
commercial development outside the established highway or general commercial
districts of Kalispell. To do otherwise would inefficiently disperse general
commercial uses to locations where the impacts to local services and
established uses would be the most severe.
The subject property is adjacent to the city limits and is a logical extension
to the boundaries of the city limits. The current use of the property will
probably have the greatest impact on the city's police department but the
proposed zoning will promote a long-term development pattern that will benefit
the growth of Kalispell. Since various services will need to be extended to
the property, annexation of Lots 14, 15, and 16 of Block 3 of the Phillips
Addition is recommended with conditions, as follows:
1. That the city water main be extended as necessary to install a fire
hydrant at the northwest intersection of Woodland Park Drive and Conrad
Drive. This requirement can be accomplished on a cost -sharing basis with
the parties seeking annexation of Lot 13, Block 3, Phillips Addition.
2. That the water main extension and fire hydrant be installed in
accordance to all applicable city construction codes with the cost of
said improvements to be borne by the petitioner.
3. That all delinquent taxes be paid prior to annexation.
4. That a majority of the parties having legal interest in the subject
properties consent to the annexation.
5. That the parking lot of the Scoreboard Bar be paved and comply with city
standards for storm drainage.
6. That the properties not be annexed pending completion of the required
It is recommended that the subject lots be zoned Neighborhood Business B-1.
6
3Com VICINITY MAP
Phillips Addition Annexation
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Richard ana, Attorney at Law
35 4th Street West
(406) 752-4120 P.O. Box 1757
Kalispell, Montana 59903-1757
August 23, 1988
David Greer
Flathead Regional Development
723 5th Ave. E.
Kalispell, Montana 59901
RE: Scoreboard Zoning lots 15, 16, Phillips Addition
Dear Dave,
S
• Y
To confirm our phone call of August 21, 1988, wherein we
indicated that my clients were agreeable to now go ahead and
commence proceeding with the annexation procedure under a B-1
Zoning. I believe that is the zoning you are going to recommend.
At this time my clients are still somewhat unhappy about the
B-1 zoning, but the annexation seems to be more important to
satisfy our requirements with the City.
Thank you for your attention. I remain,
RDJ/pfe
cc: William Lincoln
1
Sincerely,
Richard DeJana
Richard DeJana, Attorney at Law
35 4th Street West
(406) 752-4120 P.O. Box 1757
Kalispell, Montana 59903-1757
February 17, 1988
City Council
City of Kalispell
Drawer 1997
Kalispell, Montana 59903
Re: Annexation Committee
Gentlemen:
On behalf of my clients Robert C. Lincoln, Robert E. Lincoln
and William T. Lincoln, I hereby make application to you for the
annexation of lots 13, 14, 15 and 16 of Phillips Addition,
according to the map and plat thereof, Kalispell, Montana. We
have included herewith our fee of $175.00, our legal description
as stated above.
There is located on the premises a commercial building, that
has been used for offices and a training school but has been
vacant since the end of December, 1987 (lots 13 & 14) , and a bar
and restaurant. (Lots 15 & 16) Attached is a map of the general
area we suggest it be B-3 zoning, which more fits the uses
presently surrounding the property than the County imposed B-1.
We believe the annexation would be very worthwhile since we have
found since retaking over the business, we are finding the
revenue that would be generated to the City just on the machine
gaming licenses would equate to approximately $300.00 per week.
That would be in addition to any fees.
We further request that the City install the water line and
fire hydrate locations. In addition, with respect to sewer, any
increase over the 411 line should be covered by the City. We
believe Lhe additional income justifies this approach. since it
appears that we are within 200 feet above the pumping station, we
probably wouldn't have to annex to secure sewage, but the
financial benefit to the City, and decrease in fire insurance
makes this very desirable
Because this property is under receivership, the annexation
will be subject to Court approval which we will be providing
later. Lots 13 & 14 belong to a Harley Gosney and are being sold
under contract. We will provide his consent within the next week.
1
Absent also is our title report which has been ordered and will
be forth coming.
Thank you for your consideration. I remain,
Since rely,,,
Richard DeJana.-'
2
WI-VULO-00
John "Ed" Kennedy, Jr.
Mayor
March 25, 1988
Mr. Dennis Carver
Carver Engineering
720 2nd Street East
Kalispell, MT 59901
SUBJECT: Scoreboard Pub Sewer
Dear Dennis:
--- RECEIVE'
�2 51988-�-
CITY OF e
.Xax�14 e,111
ELOPME14T OFFICE?
Drawor 1997 -
Kalispell, 14nnt ci r
59903-1997
The Public Works Staff has reviewed a proposal to connect the Scoreboard
Pub directly to the Woodland Park lift station using a 6 inch diameter line.
This proposal does not comply with City Standards. This proposal does not
comply with the Uniform Plumbing Code (UPC). For these reasons, the proposal
is unacceptable and cannot be installed. The specific areas of noncompliance
are discussed as follows:
The 6 inch line apparently is proposed as a long service line. This line starts
out on the Scoreboard lot, crosses Woodland Park Drive, which is Flathead County
right-of-way, and then runs across the City's Woodland Park property to the lift
station. This approach is contrary to Section 1110 of the UPC. Service lines
cannot cross adjacent property in order to connect to public sewers. This
approach is also contrary to Section DC-01, Development Requirements, of the
City Standards. This section states that "Plans that show extensions of ...
pipelines to serve only the specific development being processed will not be
approved."
The required system is a main extension starting at existing stub out at
the lift station and ending at the north property line of the lot on which the
Scoreboard Pub is situated. Plans for an acceptable extension were prepared
by your firm in June of 1987. Minimum line size is 8 inches. Manholes would
be required at each angle point or end point on active sections.
We are aware of the likelihood that a 10 inch line at a greater depth than
needed for just the Scoreboard is required to serve the entire area in the future.
Rule XIII of the City Sewer Regulations states that the "City shall pay the dif-
ference in cost between the larger main required by the City and the (minimum)
size ... required by the (City) Standards."
We also understand that time is of the essence in this situation. A meeting
of the Public Works/Sewer and Water Committee is scheduled for Tuesday, March 29,
1988, at 4:00 P.M. The Scoreboard Pub has been added to the agenda. It is in
la�«lion r,wx
WE -Uuzo--bb
Mr. Dennis Carver
March 25, 1988
SUBJECT: Scoreboard Pub Sewer
Page 2
the interest of the Pub owners that they and/or their representatives attend
the meeting in order to speed this matter towards a quick resolution.
Very truly yours,
aoj4v
Andrew J. Hyde
Water and Wastewater Superintendent
AJH:ss
cc: Bob Lincoln
Rich DeJana, Attorney at Law
Ken Hammer, Director of Public Works
Glen Neier, City Attorney
Public Works and Annexation Committees
Craig Kerzman, Acting Building Official
Flathead County Sanitarians Office
David Greer, Senior Planner, FRDO ✓
---- RECEIVE
John "Ed" Kennedy, Jr.
Mayor
CITY OF
�r /V� 1, g// Drawer 1997
Kalispell, Montana
59903-1997
TO: David Greer, r Planner
FROM: Glen Ne'
RE: Scoreboard Ba Annexation
On September 6, 1988 Andy Hyde, David Greer, Craig Kerzman, Ted
Waggener and Glen Neier met in the City Attorney's Office at City
Hall to discuss the above annexation request. Robert C. Lincoln and
William T. Lincoln filed a Consent to Annexation and Notice of Withdrawal
from Rural Fire District on February 17, 1988 for Lots 13, 14, 15 and
16, Phillips Addition. After some problems with t e, Pr sed zoning
the Lincolns have agreed to have the property zoned y Business,
B-1. The proposed zoning if approved by the Zoning Commission and
the City Council will have the effect of creating a non -conforming
use in an area which will limit expansion of the current bar, restaurant
and casino.
The City Staff in reviewing the annexation request considers it appro-
priate that a fire hydrant be installed at the Northwestern corner of
Conrad Drive and Woodland Park Drive. The Staff, in a related
annexation (High Plains Pizza) has already recommended a fire hydrant
at this location and perhaps the cost of laying the necessary water
line and placing the hydrant at the location might be shared by the
Scoreboard and High Plains. All necessary installations of water
main and fire hydrant should be in accordance with the City's Standards
for Design and Construction.
As with the High Plains Pizza Annexation the City Staff considered it
appropriate also that the Scoreboard should pave its parking lot to
control dust as a condition of annexation. A storm runoff plan
should be submitted to and approved by the Public Works Department.
Finally, the title report of the property shows 22 different exceptions.
The property should not be annexed unless the exceptions are removed
or proper consent obtained from all interested parties. It should be
noted that the annexation by the Scoreboard will only affect Lots 14,
' l a�nlro�t �C7ctr/ „
D. Greer
Page 2 September 6, 1988
15 and 16 of the Phillips Addition because Lot 13 has been purchased
I
y High Plains Pizza and will be annexed as separate property.
This annexation may proceed under §7-2-4601, M.C.A. which applies to
annexation by petition.
Dated this _ day of September, 1988.
GN/sh
cc: Richard DeJana
Mayor Ed Kennedy
Ken Hammer
Annexation Committee
CITY OF KALISPELL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Kalispell City Council will hold a public hearing
to consider the following application:
Petition by Robert C. Lincoln, Robert E. Lincoln, and William T. Lincoln for
annexation and zoning of property described as Lots 14, 15 and 16, Block 3 of
the Phillips Addition, according to the map or plat on file or record in the
office of the Clerk and Recorder of Flathead County, Montana. The
petitioners are seeking a Neighborhood Business B-1 zoning classification for
the property.
The public hearing to be conducted by the City Council will be held in the Council
Chambers of the Kalispell City Hall on Monday, October 3, 1988, at 7:30 P.M. All
application materials are available for review in the office of the City
Clerk/Treasurer, Kalispell City Hall. All interested persons will be given an
opportunity to be heard concerning the proposed zoning classifications. Comments
in writing can also be submitted to the City Clerk/Treasurer prior to said public
hearing at P. 0. Drawer 1997, Kalispell, MT 59903.
Don Halver
City Clerk/Treasurer
Publish: Daily InterLake Legal Notices
Friday, September 16, 1988
- Bill: Flathead Regional Development Office
723 Fifth Avenue East, Room 414
Kalispell, MT 59901
(Flathead Regional Development Office is acting on behalf of the City
of Kalispell. and should be billed at contract rates for the City.)