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02. Resolution 4584 - MDOT Annexation• •; N0 Flathead e ional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Annexation and Initial Zoning of P-1 - Montana Department of Transportation October 2, 2000 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND: In response to a request by the City of Kalispell, the Montana Department of Transportation has submitted a request for annexation of the Highway 93 corridor between the Kalispell Athletic Complex and the Pack and Company PUD site south West Reserve Drive. The annexation will extend the city limits to the northern boundary of the Pack and Company site, making the Pack and Company site contiguous to the city. Staff recommended a zoning assignment of P-1, Public. The Kalispell City County Planning Board held a public hearing on September 12, 2000 and no one wished to speak. The board is forwarding a recommendation of an P-1 zoning assignment for this property upon annexation. COMMENDATION: A motion to adopt the first reading of the ordinance assigning a P-1 zoning designation upon annexation of this property would be appropriate. FISCAL EFFECTS: Minor positive effects once fully developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: September 22, 2000 Attachments: Transmittal letter and Petition to Annex FRDO report KA-00-05 and application materials Draft minutes from 9 / 12 / 00 planning board meeting H: \FRDO\TRANSMIT\KALISPEL\2000\KA00-5MEMDOC Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • 143*03 "#]#, 0 Ni dal a A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, THE REAL PROPERTY DESCRIBED IN EXHIBIT "A", TO BE KNOWN AS U.S. 93 ADDITION NO. 296; AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from the Montana Department of Transportation, the owners of the property described in Exhibit v'A", requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development office has made a report on the Montana Department of Transportation's Annexation and Zoning Request, #KA-00-5, dated September 5, 2000, and WHEREAS, the Kalispell City -County Planning Board and Zoninn- Commission recommended that the territory be annexed int the City of Kalispell, and I WHEREAS, the area is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 44, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as is more particularly described in Exhibit "A", shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as U.S. 93 Addition No. 296. SECTION II. Upon the effective date of this Resolution, the City Clerk c--'- Council is directed to make and certify, under the seal of the City a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk of Council, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, V:\ansect\wp\res\annexation\4584 mdotw-pd laws and ordinances and regulations in force in th�-Citl of Kalispell and shall be entitled to the same privilege and benefits as are other parts of the City. N SECTION III. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 2ND DAY OF OCTOBER, 2000. Wm. E. Boharski Mayor Attest: Theresa White City Clerk V:\attsect\wp\res\annexation\4584 mdotwpd A portion of U.S. Highway No. 93 located in Section 31, Township 29 North, Range 21 West, P.M.M. and Section 36, Township 29 North, Rangp 22 West, P.M.M., Flathead County, Montana, described as follows: A- Flathead egi a Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 September 21, 2000 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: MDOT Annexation and Zoning - Highway 93 to Pack and Co. Property Dear Chris: The Kalispell City -County Planning Board met on September 12, 2000, and held a public hearing to consider a request by Montana Department of Transportation for annexation of the Highway 93 corridor between the Kalispell Athletic Complex and the Pack and Company PUD site south West Reserve Drive. Narda Wilson presented staff report KA-00-5 evaluating the proposed zoning. Staff recommended that the Kalispell City -County Planning Board for initial zoning of P-1, Public, upon annexation into the City of Kalispell. No one wished to speak at the public hearing. The board discussed annexation and a motion was made to adopt staff report KA-00-5 as findings of fact and recommend to the Kalispell City Council that the property be zoned P-1, Public, upon annexation. On a roll call vote the motion passed unanimously. Exhibit A attached to the staff report describes the annexation boundaries. Please schedule this matter for the October 2, 2000 regular City Council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely n Kalispell ean A. J resident •._ Providing Community Planning Assistance To: Flathead County • City of Columbia Falls • City of Kalispell . City of Whitefish Montana Department of Transportation - Annexation and Initial Zoning September 12, 2000 Page 2 NUMOM Attachments: Petition to annex and Exhibit A FRDO Report KA-00-5 Draft planning board minutes 9/ 12/01, w am mwwlmmm��� C: Greg Hahn, R/W, MDOT, PO Box 201001, Helena, MT1 59620-1001 STAFF REPORT Narda Wilson, of the Flathead Regional Development Office gave a presentation and recommended that initial zoning for this property be I-1, Light Industrial, upon annexation. Wilson stated the Pepsi building was currently on City sewer and they were requesting annexation to gain access to City water. She said they wanted to come in with I-1 zoning to be consistent with current uses and County zoning. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. OPPONENTS No one wished to speak. No one wished to speak and the public hearing was closed. MOTION Stevens moved and Hines seconded to adopt staff report KA- 00-4 as findings of fact and, based on those fmdings, forward a recommendation to the Kalispell City Council to approve the zoning for this property as 1-1, Light Industrial, upon annexation. ROLL CALL The motion passed unanimously on a roll call vote. MONTANA A request by the Montana Department of Transportation for DEPARTMENT OF annexation into the City of Kalispell and initial zoning on TRANSPORTATION approximately 12.00 acres along the Highway 93 corridor ANNEXATION between the Kalispell Youth Athletic Complex and West Reserve. STAFF REPORT Narda Wilson gave a presentation and recommended that the property be zoned P- 1, Public, upon annexation into the City of Kalispell. She noted that this would make the Dome site property contiguous to the city. PUBLIC HEARING The public hearing was opened to those who wished to speak to the proposal. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Hines moved and Sipe seconded to adopt staff report #KA-00-5 as findings of fact and, based on those findings, recommend to the Kalispell City Council an initial zoning of P-1, Public, upon annexation into the City of Kalispell. ROLL CALL On a roll call vote the motion passed unanimously. OLD BUSINESS The growth policy was rescheduled for September 25th NEW BUSINESS Wilson asked the Board how they felt about changing application deadlines from 30 days to 45 days prior to planning Kalispell City -County Planning Board September 12, 2000 Meeting Minutes Page 10 of 11 This is a report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for annexation and initial zoning. A hearing has been scheduled before the Kalispell City -County Planning Board for September 12, 2000 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. At the request of the City of Kalispell, the Montana Department of Transportation has requested the annexation of the Highway 93 corridor between the Kalispell Athletic Complex and the Pack and Company PUD site. The annexation of this corridor will create a leg which connects to the Pack and Company PUD site making it contiguous to the Kalispell city limits. Section 27.03.010(4) of the Kalispell Zoning Ordinance requires a public hearing before the planning board to solicit a recommendation for an appropriate zoning classification upon annexation to the city. The petitioner has not requested a zoning classification. The staff is recommending a zoning designation of P-1, Public. A. Petitioner andOwners: Greg Hahn, Supervisor R/W Land Section Montana Department of Transportation 2701 Prospect Avenue P.O. Box 201001 Helena, MT 59620-1001 E. Location and Legal Description of Property: The property proposed for annexation is the Highway 93 corridor that lies between the Kalispell Youth Athletic Complex on the south and West Reserve Drive on the north. The property can be described as Tract 1 on Certificate of Survey No. 7860 located in Section 36, Township 29 North, Range 22 West, and Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: Currently this property is in the West Side Zoning District and is zoned County R-1, a Suburban Residential zoning district which has a one acre minimum lot size requirement for newly created lots and is residential in nature. D. Size: The area proposed for annexation contains approximately 12.00 acres of land. E. Existing Land Use: This property is used as part of U.S. Highway 93, which is operated and maintained by the Montana Department of Transportation. F. Adjacent Land Uses and axing: Properties to the south of this corridor are used for the Kalispell Youth Athletic Complex which is zoned P-1, Public, and the Flathead Valley Community College which is zoned R-1, Suburban Residential. The properties adjoining the highway to the east and west are agricultural and are in the County and are zoned AG-80, Agricultural, and SAG-10, Suburban Agricultural. The property that will adjoin this corridor at the northwest corner is the Pack and Company site which has a commercial Planned Unit Development (PUD) approved for the site with an underlying zoning designation of B-2, General Commercial. G. General Land Use Character: This general land use character of this area can be described as lying on the urban fringes of Kalispell with a mix of uses in the area. Several properties in the immediate area are publicly owned, i.e. the ballfields to the west, the community college to the east and the State school section land and offices also to the west. Most of the school section property and the privately owned property to the east are being used for agriculture. The Pack and Company site to the northeast is used has a gravel pit operation that consists of offices, equipment storage, gravel extraction, a rock crusher and asphalt plant. H. Availability of blic Services and Facilities: No public facilities offered by the City of Kalispell will be needed once this property is annexed. Fire and police services will be provided by the Kalispell Police Department and the Kalispell Fire Department once the property is annexed. The police will be responsible for patrolling the roadway and for accidents. The fire department will respond in case of fire or medical emergencies. 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. The property is designated by the Kalispell City -County Master Plan as a major arterial in the Transportation element of the plan. It functions as a major public roadway. The recommended P-1 zoning classification is in conformance with that designation. FRO14126103109MOT . - ..•- .... .- -- No development is likely to occur on this property, therefore there should be no effect on congestion in the streets. No uses on this property other than as a transportation corridor and none other is anticipated. In the case of an emergency, access to the site can be easily accomplished. The general health and welfare of the community will be promoted by providing areas for the public to travel. No development is likely to occur on this property and it will remain in use as part of the highway system, thus providing adequate light and air. •' '..- - •r- • - -. •- - •.. •• • .OTO No public or private development will likely occur on this land which would result in the overcrowding of land. No development can be anticipated to occur on this property which would result in the undue concentration of people. This property will further the goals of providing adequate public transportation services to the community. ••- •- �-• _- -.• •w- J - •• •- R.WrOTOUrowl ..•. _E • t- Currently this property is used as part of the Highway 93 transportation system and will continue to be used as such. The P-1 zoning facilitates the continuance of the use of the property for public transportation. Most of the area surrounding this property is designated as P-1, Public. This zoning is consistent with the character and zoning in the area. •' • ••• -MOM40194106 -a' mm _.- • • m_• a Value of the buildings in the area will be conserved by keeping this property in public use MU • •.••• �' rt..• �._ A Continuing this property to be used as part of the Highway 93 transportation system encourages the continuation of the current use of the property which is the most appropriate use of the land for the community and municipality. This is primarily a housekeeping matter to bring this property into the city of Kalispell. The proposed P-1, Public, zoning designation will continue the use of the property as part of the highway. It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-00-5 as fmdings of fact and forward a recommendation to Kalispell City Council for initial zoning of P-1, Public, upon annexation into the City of Kalispell. REPORTS\... \KA\oo\KAooS.DOC ��A M-011M 1UNIUM Me Value of the buildings in the area will be conserved by keeping this property in public use. I a 1"M C.10 tit [Q.1t 0116 8WAG) 0 UMQ * 11019 a IN MOM I STMOS TIMM k 1(W1RN=*jW4T=g1T*; Continuing this property to be used as part of the Highway 93 transportation system encourages the continuation of the current use of the property which is the most appropriate use of the land for the community and municipality. This is primarily a housekeeping matter to bring this property into the city of Kalispell. The proposed P-1, Public, zoning designation will continue the use of the property as part of the highway. It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-00-5 as findings of fact and forward a recommendation to Kalispell City Council for initial zoning of P-1, Public, upon annexation into the City of Kalispell. REPORTS \ ... \KA\00\KA005.DOC M 'War, i� .1-1 2701 Prospect AvenUe c Rac ot. G"', Aflontana Deparbnent of Transporta' Hon Do Box 201001 —61 Helena ;IT 59620-1001 July 20, 2000 Glen Neier City Attorney City of Kalispell P.O. Box 1997 Kalispell MT 59903-1997 Subject: Annexation — a portion of Hwy 93 Please find the signed annexation request, per your request. Greg D. Hahn, Supervisor R1W - Land Section �V' An Fquni Opportumrl Employer JUL— I I 91 -k3 m 14 im b PI'lim14,11 OF THE CITY OF KALISPELL REQUEST FOR ANNEXATION TO CITY I I I 111,111Tm •1111 V I # - I I'm 7N111 111110?13:110� 1 -1 - # - DATED this 20 day of July, 2000 mm STATE OF MONTANA DEPARTMENT OF TRANSPORTATION I Marvin bye Director A By: 9 Ka-11 = 01 *.To a 10 9 M A portion of U.S. Highway No. 93 located in Section 31, Township 29 North, Range 21 West, P.M.M. and Section 36, Township 29 North, Range, 22 West, P.M.M., Flathead County, Montana, described as follows: All of the right of way of U.S. Highway No. 93 extending northerly from the northerly boundary line of the NE 1/4, NE 1/4 of Section 1, Township 28 North, Range 22 West, P.M.M., to the westerly extension of the southerly boundary line of the tract of land described in Reception Number 9321115400, and shown as Tract I on Certificate of Survey No. 7860, records of Flathead County, Montana. •� w M+ �.�v � e F1t No. 3873 NOTICE OF PU"„ C HEARING KALISPELL CITY - COUNTY"' > PLANNING BOARD AND ZONING COMMISSION Zoning Text Amend- ment to Allow Expansion of Non -Conforming Uses Strafford Village Subdi- vision Annexation and ini- tial Zoning of R-4 and RA- 1 Strafford Village Subdi- vision Preliminary Plat - A 102 Lot Residential Subdi- vision Park Bottling'Co Annex- ation and Initial Zoning of 1-1 Montana Dept of Trans- portation Annexation of Hwy 93 to W. Reserve Dr. The regular meeting of the Kalispell City -County Planning Board., and Zon- ing Commission a sched- uled for Tuesday;" - ber 12, 2000 t�egmmng at 7:00 PM In the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalis- pell. During the regularly scheduled meeting of the, planning board, the board will hold,: public hearings and take'public, comments on the tolloMn'g agenda I tems. _The board will make a recommendation to the Kalispell Cq Coun- cil who 'will take final ac- tion: 1. A request by Louise E. Swanberg for amend- ments to the Kalispell Zon- ing Ordinance, Chapter 27.25, Nonconforming Lots, Uses and Structures. As proposed, noncon- forming uses and / or structures may be allowed to be expanded subject to a obtaining a non -conform- ing use expansion permit. Expansions of a noncon- forming use of 25 percent or less would . subject to a nonconforming use ex- pansion permit. issued as an administrative condition use permit Expansions of a non- conforming use more than 25 percent but less than 50 percent would be subject to a noncon- forming use expansion permit following the proce- dures established for a conditional use permit. This amendment would potentially affect all areas within the city of Kalispell where non -conforming uses exist. 2. A request by Apex 1 LLC and Reggie Lyman Lindsay for annexation into the City of Kalispell and an initial zoning designation of R-4, Two Family Resi- dential, and. RA-1, Low Density Residential Apart- ment, on approximately 30.66 acres. The property proposed for annexation lies south of Lone Pine View Estates, west of South Meadows and Ash- ley Park subdivisions and east of the Burlington Northern Railroad right-of- way. The property is cur- rently in the County zoning jurisdiction and is zoned SAG-10, Suburban Agri- cultural. The purpose of the annexation and zoning is for a 102-lot residential subdivision known as Strafford Village Subdivi- sion that has been filed concurrently with the an- nexation request. The property proposed for an- nexation can be described as Assessor's Tracts 6L, 6LA and 12BA located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ` 3. A request by Jackola Engineering on behalf of p ar1 LLC for preliminary t of a 102-lot residential, subdivision knom ae S". ord Village Subdivision.` The subdIvi- sion contains approxte- ty 30:66? 'w►th 1018.7 acres in Idis 8.9 ages in roads 44 3, J! acres in c ommon' area'Jitast of the lots writhin'fhe kbdivisfon are between 6,000 and 8,000 square feet with one lot containing approxi- matei-3.57..acres that woulybe used for low - density apadments. New p�r�y �p tern 1e ex-- visir .' 'A`''re est for an- nexation into the -City of Kalispell has been fried concurrently with the sub- divisialn'wfth a'request for R-4 zoning;„Two Family Residentlal"and RA-1, Low Density Residential Apartment, upon annexa- tion. The property pro- posed for subdivision is lo- cated south of Lone Pine View Estates, west of South Meadows and Ash- ley Park subdivisions and east of the Burlington Northern Railroad right-of- way in the southwest part of Kalispell. The property can be described as As- sessor's Tracts 6L, 6LA and 12BA located in Sec - lion 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Park Bottling Co. for annexation into the City of Kalispell and an initial zoning desig- nation of 1-1, Light Industri- al, on approximately'4.00 acres. The property. pro- posed for annexation lies on the south side of Kelly Road and east of Highway 93 approximately 1,000 feet. The property is cur- rently in the County zoning jurisdiction and is zoned I- 1, tight Industrial and B-2, General Business. The Purpose of the annexation and zoning is so that the Property owner can obtain City water to service addi- tional hydrants needed for a proposed expansion to the existing warehouse building. The pproperty is located at 100 Kelly Road and can be described s Assessor's Tract 7-OB lo- cated in Section 20, Town- ship 28 North, Range 21 West, P.M.M., Flathead County, Montana. 5. A request by Monta- na Department of Trans- portation for annexation in- to the City of Kalispell and initial zoning on approxi- mately 12.00 acres. The property proposed for an - vexation is the Highway 93 corridor that lies between the Kalispell Youth Athletic Complex on the south and West Reserve Drive on the north. The property is cur- rently in the County zoning jurisdiction and is zoned in accordance with the zdn- ing that the highway ad- joins. The purpose of the annexation is so that the property in the city limits j along the Highway 93 cor- ridor will be contiguous to the city limits of Kalispell. The property can be de- scribed as Tract 1 on Cer- tificate of Survey No. 7860 located in Section 36, Township 29 North, Range 22 West, and Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County Montana Documents, pertaining to these agenda items are on file for public inspection in the Flathead -Regional De- velopment Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public re- view during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submit- ted to the Flathead Re- gional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. Thomas R. Jentz Planning Director August 27, 2000