3. Resolution 4552 - Annexation Request from Gwenn Lee (Lee's Meridian Business Park)Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Initial Zoning Upon Annexation of B-2 -
Gwenn Lee Property (Lee's Meridian Business Park)
MEETING DATE: May 1, 2000
BACKGROUND: This is a request for annexation into the city and for initial zoning
of B-2, General Business, on approximately 3.56 acres of property located on the west
side of Meridian Road at the terminus of West Center Street. Currently this property
is in the county and is zoned R-1, a residential zoning district. A preliminary plat for
rL
1lot commercial subdivision has been fled concurrently with the annexation
request. Although the master plan designates this property as Urban Residential on
the Kalispell Master Plan Map, the commercial designation appears to be a reasonable
and logical extension of the existing commercial area.
The annexation request and assignment of the appropriate zoning classification went
before the Kalispell City -County Planning Board for public hearing at their April 11,
2000 regular meeting. The board has unanimously recommended the B-2 zoning
designation upon annexation.
RECOMMENDATION: A motion to adopt the first reading of the ordinance assigning
a B-2, General Business, 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 Cris A. Kukulski
Senior Planner City Manager
Report compiled: April 20, 2000
Attachments: Transmittal letter`
Staff report KA-00-02 and application materials
Draft minutes from 4/ 11/00 planning board meeting
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
RESOLUTION NO. 4552
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE
KNOWN AS LEE'S MERIDIAN BUSINESS PARK ADDITION NO. 294; 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 Gwenn
Lee, the owner of property located on the west side of
Meridian Road and south of its intersection with Appleway
Drive and described in Exhibit A, attached hereto and
thereby made a part hereof, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Gwenn Lee's Annexation Request, #KA-00-2, dated
April 4, 2000, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into
the City of Kalispell, and
WHEREAS, said territory 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 46, 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 described in
Exhibit A, be annexed to the City of Kalispell and the
boundary of the City is altered to so provide, and shall
be known as Lee's Meridian Business Park Addition No.
294.
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 Recorder.
From and after the date of filing of said documents as
prepared by the City Clerk, or on the effective date
hereof, whichever shall occur later, said annexed
lee meridian.wpd - 1 -
territory is part of the City of Kalispell 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 IV. This Resolution shall be effective
immediately upon passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 1ST DAY OF MAY, 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
lee meridian.wpd - 2
EXHIBIT A
LEGAL DESCIRPTION
Gwenn Lee / Lee's Meridian Business Park - Annexation and Initial Zoning
DESCRIPTION:
A TRACT OF LAND, SITUATED, LYING, AND BEING IN NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northeast corner of the Ncrtheast Quarter of
Section 13, Township 28 North, Range 22 West, P.M., M., Flathead
County, Montana; Thence along the east boundary of said.NE1/4
S01*09'46`"W 158.72 feet; Thence N88*50114"W 50.00 feet to the
westerly R/W of Meridian Road, which is THE TRUE POINT OF BBGIKNING
OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W
S01*09146"W 329.09 feet; Thence leaving said R/W N89'35141"W
720.67 feet the southerly R/W of Burlington Northern Railroad,
which point is on a 713.94 foot radius curve, concave southeasterly
(radial bearing S50'2410511E); Thence northeasterly along said R/W
and along said curve through a central angle of 36*33116" an arc
length of 455.49 feet; Thence N76*09111"E 358.51 feet to the point
of beginning and containing 3.548 ACRES; Subject to and together
with all appurtenant easements of record.
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
April 17, 2000
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of B-2- Lee's Meridian Business Park
Dear Chris:
The Kalispell City -County Planning Board met on April 11, 2000, and held a public hearing
to consider a request by Gwenn Lee for initial zoning of B-2, General Business, upon
annexation into the city. The property proposed for annexation is located on the west side of
Meridian Road at the western terminus of Center Street. A preliminary plat for a seven -lot
commercial subdivision has been filed concurrently with this request and is being forwarded
with this annexation for council consideration.
Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-00-02
evaluating the proposed zoning. Staff recommended that the board forward a
recommendation for B-2 zoning upon annexation. Exhibit A attached to the staff report
describes the annexation boundaries.
Dan Henderson, Gerald Young and Tom Cowan spoke in favor of the proposal. At the public
hearing Becky Bower spoke in opposition to the proposal and a letter of opposition by
Thomas Woytus was submitted.
Please schedule this matter for the May 1, 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.
JJ/NW/tl
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Lee's Meridian Business Park - Annexation and Initial Zoning
April 17, 2000
Page 2
Attachments: Original petition to annex and fire district withdrawal
Staff report KA-00-02 with Exhibit A annexation boundaries
Draft minutes 4/ 11/2000 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Gwenn Lee, 82-271 Waring Way, Indio, CA 92201
Sands Surveying, Inc., 1995 Third Ave. East, Kalispell, MT 59901
H: \FRDO\TRANSMIT\KALISPEL\2000\KA00-02.DOC
GWENN LEE / LEE'S MERIDIAN BUSINESS PARK
REQUEST FOR ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KA-00-2
APRIL 4, 2000
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request for annexation and initial zoning. A hearing has been scheduled
before the Kalispell City -County Planning Board for April 11, 2000 beginning at 7:00
PM in the Kalispell City Council Chambers. The planning board will forward a
recommendation to the Kalispell City Council for final action.
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The
petitioner would like to annex into the city and obtain B-2, General Business, zoning
on the property.
A. Petitioner and Owners: Gwenn Lee
82-271 Waring Way
Indio, CA 92201
(760) 347-9348
B. Location and Legal Description of Property: The property proposed for
annexation is located on the west side of Meridian Road and south of Appleway
Drive approximately 200 feet. The property proposed for annexation can be
described as Assessor's Tract 12 located in Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana.
C. Existing zoning: Currently this property is in the West Side Zoning District
and is zoned County R-1, a Suburban Residential zoning district which has a
one acre minimum lot size requirement for newly created lots and is residential
in nature.
D. Proposed Zoning: The property owners are requesting City B-2 zoning, a
General Business zoning district, which allows a wide variety of general
commercial, retail, and office type uses. The property owner has submitted a
preliminary plat for a seven lot commercial subdivision concurrently with this
annexation request.
E. Size: The area proposed for annexation and zoning contains approximately
3.548 acres.
F. Existing Land Use: There is a single family home which will remain on the
property which is located on proposed Lot 7 and a large outbuilding and small
shed located on proposed Lot 6 which will be removed.
G. Adjacent Land Uses and Zoning: The character of the immediate area is
commercial to the east and north and residential to the south. This property is
on the fringes of urban Kalispell and has a mix of uses in the immediate area.
1
This area has become more commercial in nature as the city continues to grow.
North: Burlington Northern railroad tract and small houses,
City RA-1 zoning
South: Residences and large undeveloped lots, County R-1 and
City R-5 zoning
East: Recreational equipment sales, retail sales and offices,
City I-1 and B-2 zoning
West: City stormwater detention basin and Stillwater Forest
Product, County I-2 zoning
H. General Land Use Character: The general land use character of the area is a
combination of residential, commercial and industrial. The properties to the
east have been more intensely developed because of the availability of City
services and their proximity along Center Street. The annexation of this
property extend the commercial activity along Center Street and expand the
city limits to the west.
I. Availability of Public Services: City water and sewer are located in the right-
of-way along Center Street and Meridian Road. An engineered storm water
management plan would have to be developed in association with the
preliminary plat. Fire, police, ambulance and city administrative services will
be provided as part of the City services to these properties.
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
This property is indicated on the Kalispell City County Master Plan Map as
Urban Residential. However, the proposed B-2 zoning complies other goals and
objectives of the master plan which encourage the expansion of commercial
development within existing area and / or expansion of existing commercial
district. Because of the existing commercial development to the east and to the
north combined with the nature and volume of traffic along Merdian Road, this
property may be more appropriately developed commercially rather than
residentially.
Rezoning this property will result in additional traffic generated from the
property onto Meridian Road and Center Street especially once the property is
more fully developed. An interior roadway that will be developed as part of the
subdivision provides design that will lessen congestion in the streets that
adjoin this property by limiting direct access and channeling traffic onto the
roadways from a single controlled access. An increase in traffic will result from
the requested commercial zone.
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services are adequate.
Because this annexation will enable the property owners to connect to public
sewer and develop these properties with full public services, the public health
and welfare of the community will be served by encouraging compact
commercial development within an established commercial area.
•- -• .- -• ••' • • •- • .•-• - M- IM .•• .
The proposed business zoning and the related uses would be subject to the
development standards of the district which help to insure that there is
adequate light and air by using building height restrictions of 35 feet and
setbacks of 20 feet in the front, five on the sides and ten in the rear. Other
development standards may apply to lots within the subdivision once they are
proposed for a specific use.
The requested zoning designation is consistent with other uses and zoning in
the area to the west. It appears that the property is large enough to
accommodate a variety of uses which could be adequately accommodated. The
requested zone will not lead to the overcrowding of land.
There will be an increase in traffic an activity associated with the commercial
development of this property. However, designating these properties for
commercial development will allow for the expansion of the west side business
areas of Kalispell under this zoning. The lot size requirements for the district
will help to avoid the undue concentration of people in the area.
Public service, facilities and infrastructure are currently in place to
accommodate the use(s) in the area. No significant impacts to these services
can be anticipated as a result of this zoning proposal.
The proposed zoning is consistent with the types of uses and other zoning in
3
the area to the east and to the north. This property appears to be better suited
for commercial development than it does for residential development because of
the volume and nature of traffic patterns in the area. The requested zone gives
appropriate consideration for the suitability of this area for the uses in the B-2
zone.
NEI�Z•T�•- -• -• ••- - - ••<. - •. •- ••CO •- .. . - • .-
• •
The general character of the area is commercial to the north and to the east,
residential to the south and industrial to the west. The anticipated uses on the
property will be commercial and will be consistent and compatible with other
uses in the area. The requested zone gives reasonable consideration to the
character of the area.
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
The most appropriate use of land throughout the jurisdiction appears to be
commercial. This is consistent with other uses found in the area and promotes
the stability and neighborhood character of the immediate area.
It is recommended that the Kalispell City -County Planning Board adopt staff report
#KA-00-2 as findings of fact and forward a recommendation to City Council that the
initial zoning for these properties should be B-2, General Commercial, upon
annexation.
H: \... \REPORTS \KA\00 \ KA00-2
M
EXHIBIT A
LEGAL DESCIRPTION
Gwenn Lee / Lee's Meridian Business Park - Annexation and Initial Zoning
DESCRIPTION:
A TRACT OF LAND, SITUATED, LYING,
THE NORTHEAST QUARTER OF SECTION
WEST, P.M.,M., FLATHEAD COUNTY,
DESCRIBED AS FOLLOWS TO WIT:
AND BEING IN NORTHEAST QUARTER OF
13, TOWNSHIP 28 NORTH, RANGE 22
MONTANA, AND MORE PARTICULARLY
Commencing at the northeast corner of the Northeast Quarter of
Section 13, Township 28 North, Range 22 West, P.M., M., Flathead
County, Montana; Thence along the east boundary of said-NEl/4
S01*09146`"W 158.72 feet; Thence N8850114"W 50.00 feet to the
westerly R/W of Meridian Road, which is THE TRUE POINT OF BEGINNING
OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W
S01*09146"W 329.09 feet; Thence leaving sa.id R/W N89*35141"W
720.67 feet the southerly R/W of Burlington Northern Railroad,
which point is on a 713.94 foot radius curve, concave southeasterly
(radial bearing S50'2410511E); Thence northeasterly along said R/W
and along said curve through a central angle of 36 33'16" an arc
length of 455.49 feet; Thence N76'09111"E 358.51 feet to the point
of beginning and containing 3.548 ACRES; Subject to and together
with all appurtenant easements of record.
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VICIN= MAP
GWENN LEE / LEE'S MERIDIAN BUSINESS PARK
REQUEST FOR ANNEXATION & INITIAL ZONING OF
B--2, GENERAL BUSINESS
CITY OF KALISPELL
PLOT DATE 3/22/00
FILE # KA - 0 0 - 0 2 SCALE 1" = 300' a:,,giz\site\xA00-2-dw2
Flathead Regional Development Office
723 5 h Ave. East Room 414
Kalispell, MT 59901
Phone: (406) 758-5980 Fax: (406) 758-5781
FLATHEAD COUNTY»s"`L
APPLICATION CONELTIONA
TI�
MAR 13 2000
A�a�ill�tl-
1. NAME OF APPLICANT:
2. MAIL ADDRESS: 82-271 Waring Way R. ,....�
3. CITY/STATE/ZIP: Indio. CA 92201 PHONE: (760) 347-9348
4. INTEREST IN PROPERTY: OWNER
5. ZONING MAP AMENDMENT: X ZONING TEXT AMENDMENT
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE
ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING:
A. What is the proposed zoning text amendment?
To change zone from R-1 to B-2 zone.
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property: Meridian Road
B. Legal Description: SEE ATTACHED
(Lot and Block of Subdivision: Tract 9)
SEC. 13 T.28N. R.22W.
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: R-
D. The proposed zoning of the above property is: B-2
E. State the changed or changing conditions that make the proposed amendment necessary:
An application is being made to annex the property into the City of Kalispell and create 7
commercial lots off a spur road from Meridian Road. This vacant land is adjacent to the
current B-2 zone of the City.
1
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND
PURPOSE OF:
A. Promoting the Master Plan This land is adjacent to other B-2 zones of the City of
Kalispell and maintains a planned growth of that zone.
B. Lessening congestion in the streets and providing safe access A subdivision is being
applied for concurrently with this zone change request and includes a citYstreet system to
provide safe access for the 7 lots within the subdivision.
C. Promoting safety from fire, panic and other dangers Annexing to the City will allow for
the occupants of the subdivision to be protected by the Kalispell Fire Department and
Kalispell Police Department.
D. Promoting the public interest, health, comfort, convenience, safety and general welfare
All public utilities including sewer, water, power, telephone, and street maintenance will
be made available by annexing the land to the City under the B-2 zone.
E. Preventing the overcrowding of land This zone change request will provide an area to
allow commercial lots in an area away from high -density residential development.
F. Avoiding undue concentration of population As a B-2 zone the businesses situated there
will be spread through the 7 lots within the proposed subdivision.
G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and
other public facilities A public sewer and water system is adjacent to the rrooperty on
Meridian Road. This will be extended to the land Drowsed for the zone chanize. The
street proposed within the subdivision will be built to City standards with a sidewalk to
provide safe access for pedestrians.
H. Giving reasonable consideration to the character of the district The land lies adjacent to
B-2 zoning and lies between the Burlington Northern Railroad tracts and Meridian Road.
Thereby allowing for planned growth of the B-2 district.
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the Planning Director or designated member of staff must precede
filing of this application. Among topics to be discussed are: Master Plan compatibility
with the application, compatibility of proposed zone change with surrounding zoning
classifications, and the application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Flathead Regional Development
Office.
Fee Schedule
Zone Change
Base fee..........................................$400.00
For first 80 acres of area of the request ............ Add $5/acre
For requests for 81 — 160 acres .................. Add $3/acre
For requests covering 161 acres or more .......... Add $1/acre
Amendment to Zoning Text ................................. $300.00
PUD Zoning Review:
Residential ........................................ $400.00
Commercial ....................................... $500.00
Mixed Use........................................$650.00
D. The application must be accepted as complete by the FRDO staff thi!U (30) days prior
to the date of the meeting at which it will be heard in order that requirements of state
statutes and the zoning regulations may be fulfilled.
APPLICABLE TO APPLICATIONS FOR ZONE CHANGE:
A. Application Contents:
1. Petition for zone change signed by at least 50% of the property owners in the area
for which the change in zoning classification is sought.
2. A map showing the location and boundaries of the property.
3. A list of the names and mail addresses of all property owners within 150 feet of
the subject property as shown on the Assessor's roll.
Exam le
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
N
03/1112000 11:11 tb0342UbJ8 Ltt to tlAut 04
MAR-10-00 FRI 11:44 SANDS SURVEYING INC FAX NO, 14067556488 P.05
1 Giving consideration to the peculiar suitability of the property for particular vises
thy,3�>`.l`t ..lt� i_t i more
-�uq ble a l _ ?_one, than arty re idential
J Protectin ,, and comwrving the value of buildings 'The B-2 zone, cocertain
tric:t;pn� �cgarvfin�.buildinsx,� sces,��et bac „�c.,.�nti.wili be.rnnt.�d�?Y.�� a ifip�ll
mina c�aart;t�ent _r___.��.
K. Encouraging the most appropriate use of land by assuring orderly growth_ By r-v' -vi-n T
the app icatjoi fir a zone , cha_nge ncu nj&- with thp suhdivisiOn nr Cssal the „City
Cotincil,can uveY5 c,th a rati l,pr cess and. ure thc.nr eel Unwth nfthe City.._
*0b *wake*.Rik* *** * * * * * * * * * * * * * * * w * * * * * * * * * * * * * * * * * * * * * * *
I'lle s4ning of this application sigzutics approval for V R.D 0. staff to be present on the property
1br routine monitoring and inspection during approval pt'oms.
41
pplicaivt) (Date)
..(APplicarit)... _.�_..�.,_�.....�...._. _...�.,,.��...... _�.. (Date) -.
(Applicant) .. ...-..........�.-... ....--._...
(Date)
tAppticaitF } {it�ttte�
MAR-1-0-00 FRI 11:41 SANDS SURVEYING INC FAX NO. 14067656488 P•02
PETITION NO.
BEFORE THE CITY C"OUNCIL
OF' THE
CITY OF Y.:4LISF'r
PETITION '_ .< __i::_.:?'I'IGN TO CITY
COME N,0 the uiidersigned and respectfully petition tine C i t,.
"ounc.:il of the City of Kalispell requesting city annexation of tree
i:�llowi.ng r^a,l property into the City of Kalispell and to remove
:le follon(i, q rea:I property from the `.J#M k, �a.tleta7_ Rural
Fire District.
The perit.ioner(a) requesting City of Kalispell annexation of
the property described herein hereby mutually agree with the City
Kalispell that ircanediately upon annexation of the land all City
f I,"a1.1 spel iTluI-Yicipai services will be provided to the property
iesc-�ibed h=-rein o- substantially✓ the same basis and in the same-
:-r.anner as :,uch services are provided or made available within the
rest of the ir_unicipality prior to annexation. Petitioner(s) hereby
ghat there is no need to prepare a Mir_icipal Annexation
3erv'ir_.e Plan for this annexation pursuant to Section 7-2-4610,
J`..t .A. si.nce LhF .parties are in agreement as to the prevision of
.municipal 8ervices to the property requested to be annexed.
Dated tilis 10f� day of , 2000,
T-EG)4?L DESCRIPTION OF PROPERTY TO BE ANNEXED:
c'tit:)�'EFtT Y ADDRESS. X
tt, } `` Cwner
t"�, •�.1r i c3 ti C�.� �i
Owner y-
PLEASE REI'URN THIS PETITION TO CITY CLERK'S OFFICE
MAR-10-00 FRi 11:44 SANDS SURVEYING INC FAX N0, 14067556488 P,05
1 Giving consideration to the peculiar suitability of the property for particular uses
_ Beca.use.,_the land is bounded by the. Burlingtg Noi-therp,,Railroad, it is more
�gitable as..a_B-2 zone than any residential
1 Protecting aYtd conserving the value of buildings _T'he B-2 zone. comes with. certain
rest.ri0ions regarding building, sizes, set backs, etc. _and will be monitored by.the Kalispzll
Building Dcpa.rtment.
I . Encouraging the most appropriate use of Iand by assuring orderly growth By reviewing
the,ap lication for a zone change_ concurrently with the subdiyision proposal_ the City.
Council_ ,an oversee the a royal process and..insure the,()rderly growth of the City:._
A a,: it u * * k * a< * * * * x $ * * * * * * * * * * * * * * At * A k * * * * * * * * * At * * * x ale * * * *
l`he sign ng of this application signifies approval for F.R.D.a, staff to be present on the property
Q)r routine monitorhwr and inspection dining approval process.
( ppliCant)
(Applicant.)
(Applica.rit) -
(Applicam )
,3/0/�0
(Date)
r (Date)
(Date)
(Date)
IMAR-10-00 FRI 11:44 SANDS SURVEYING INC FAX NO. 14067556488
P. 06
APPLICATION CONTENTS;
The subdivider shall subnllt a complete application addressing items below to the FRDO
0111cc at least thirty (30) days prior to the date of the meeting at which it will be heard.
Predrninary plat application.
16 copies of the preliminary plat.
One reproducible set of supplemental information (Sec Appendix A -
Flathead County Subdivision Regulations)
4. One. reduced copy of the preliminary plat not to exceed 11" x 17" in size.
Application fee.
6. Adjoining Property Owners List (See example below):
Assessor's No.: S-T-R LoUTract No. Property Owner & Mailing Address
! hereby ceitify under penalty of perjury and the laws of the State of Montana that the
infonnation submitted herein, on all other submitted forms, documents, plans or any other
irii'orniation subnutted as a part of this application, to be true, complete, and accurate to the best
of my knowledge. Should any information or representation submitted in connection with this
application be untrue; I understand that any approval based thereon may be rescinded, and other
appropriate action taken. The signing of this application signifies approval for the F.R.D.O, staff
zo be present on the property for routine monitoring and inspection during the approval and
development process,
4E(Patj (Date)
4
1AR-10700 FRI 11:42 SANDS SURVEYING INC FAX N0, 14067556488 P.03
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
ro WIIOM lT MAY CONCERN.
-ram
THIS AGREEMENT, made and entered into this ,�_ _ day of A';Vz �, 2000, by
and between _,&.�Aj e-y\
hereinafter PARTY(S) OF INTEREST [INCLUDES OWNER(S), L.IENHOLDER(S), OR
CONTRACT SELLER(S)) and the CITY OF KALISPELL, Flathead County, Montana, hereinafter
CITY, WITNESSE'I'H:
That for and in consideration of the sum of One Dollar and/or other good and valuable
consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to
protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made
oi- to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part
of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by
this reference, is made a part hereof.
The PART(S) OF INTEREST do(es) further herein express an intent to have the property
asherein described withdrawn from the mr
Firr District under the provisions
of'Section 7-33-2427, Montana Code Aimotated, and that incorporated into this Consent to Annex
Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an
ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall
be detracted froin said district.
THE PART(5) OF INTEREST further agrce(s) that this covenant shall nm to, with, and be
binding upon the title of the said real property, and shall be binding upon our heirs, assigns,
successors in interest, purchasers, and any and all subsequent holders or owners of the above
described property.
This City hereby agrees to allow PAR'I'Y(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS VV IEREOF, we have hereunto set our hands and alYixed
cur seals this /()-lh.__. day of _� .�_, 2000.
PARTY OF INTEREST
CITY OF KALISPELL
City Manager
AT"i FST:
Finance Director
MAR-10-00 FRI 11:43 SANDS SURVEYING INC FAX NO. 14067666488 P.04-
S'FATE OF �CALIFORNIA )
ss
County of RIVERSIDE )
On this 10th day of MARCH
2000, before me, the undersigned, a Notary Public
for the State of :CALIF. -,, personally appeared*GWENN LEE***_***********************� down
to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
tile that Wshe executed the same.
rN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year ill this certificate first above written.
VICKI L. STINSON
VICKI LSTINSON Notary Public, State of CAT.TFnm
Commission # 1154608 z
Notary Public-Califomiol - Residing at INDIO, CALIFORNIA
Riverside County
My Comm. Expires Oct 3, 2001
My COII]nl1SSlOn expires OCTOBER 3. 20D,L
STATE OF MONTANA )
: ss
County of Flathead )
On this __. ....-_day of - , 2000, before me, the undersigned, a Notary Public
for the State of Montalia, personally appeared and
- , the _.. and _^ ,
the corporation that executed the foregoing instrument, and the persons who executed said instrument
can behalf of said corporation, and acknowledged to me that such corporation executed the Sallie.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year in this certificate first above written.
STATE OF M.ONI'ANA )
ss
County of Flathead )
Oil this day of _
Notary Public, State of Montana
Residing at
My Commission expires
2000_ before me, the undersigned, a Notary
Public for the State of Montana, personally appeared GLEN NEIER and AMY I I. ROBERTSON,
known to me to be the Interim City Manager and Finance Director of the City of Kalispell, a
municipality, that executed the within instrument, and acknowledged that such City Manager and
Finance Director respectively subscribed, sealed and delivered said instrument as the tree and
voluntary act of said municipality, for the uses and purposed therein setforth, and that they were duly
authorized to execute the same on behalf of said municipality.
M WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
KALISPELL CITY -COUNTY PLANNING BOARD
MINUTES OF MEETING
APRIL 11, 2000
CALL TO ORDER AND Jean Johnson called the meeting to order at approximately
ROLL CALL 7:00 p.m. Members present were: Jean Johnson, Rob
Heinecke, Greg Stevens, Don Garberg, Don Mann, Don Hines,
Bill Rice and Brian Sipe. Randy Ek was excused. Narda
Wilson represented the Flathead Regional Development Office.
There were approximately five people in the audience.
APPROVAL OF MINUTES On a motion by Stevens and seconded by Mann the minutes of
the meeting of March 14, 2000 were approved unanimously,
corrected as follows:
Page 13: Stevens suggested that the city council could
establish a street district to assess for street and sidewalk
improvements.
LEE ANNEXATION AND A request by Gwenn Lee for annexation into the city of Kalispell
INITIAL ZONING and initial zoning designation of B-2 on 3.548 acres on the
west side of Meridian Road.
LEE PRELIMINARY PLAT A request by Gwenn Lee for preliminary plat approval of a
seven lot commercial subdivision known as Lee's Meridian
Business Park on 3.548 acres on the west side of Meridian
Road approximately 200 feet south of Appleway Drive.
STAFF REPORT Narda Wilson gave a presentation on staff reports KA-00-2 and
KPP-00-3 in which staff recommends a B-2, General Business
zoning classification upon annexation, and preliminary plat
approval subject to conditions. She stated that this property is
just south of the development on the north side of Appleway
Drive that the board had looked at in March. The request for
annexation was filed in conjunction with an application for
preliminary plat for Lee's Meridian Business Park. The request
for commercial zoning does comply with the master plan map
designation of urban residential. However, it does further some
of the goals and policies of the plan which encourages new
commercial to be an expansion within existing areas. It is
currently zoned County R-1. Full city services are being
proposed. There are no environmental constraints. A new
subdivision road will access onto Meridian Road that aligns
with West Center Street. This will create a new four way
intersection. Wilson submitted a letter of opposition to the
annexation and commercial zoning from Thomas Woytus.
Wilson stated that the staff would recommend that the
following conditions be added:
• That an additional ten -feet of right-of-way along
Meridian Road be indicated on the final plat.
That a 60-foot right-of-way easement between proposed
Lots 5 and 6 be indicated on the final plat for future
roadway extension.
That a "no access to railroad" strip be indicated on the
final plat along Lots 1 through 5.
That a buffering be provided along the southern
boundary of the subdivision which complies with the
Kalispell zoning ordinance, i.e. a six-foot site obscuring
fence or coniferous hedge.
Sipe asked if the additional conditions recommended by staff
had been discussed with the developers and Wilson answered
no, she had been unable to reach them prior to the meeting.
Heinecke asked and Wilson answered that there is an eight -
foot asphalt pedestrian trail to the north which runs parallel to
the railroad tracks with a sidewalk that would connect to the
trail. The sidewalk from this subdivision along Meridian Road
would connect to the new sidewalk to the north. She noted
that a sidewalk has recently installed up against the curb on
the east side of Meridian Road.
Stevens asked and Wilson answered that the required greenbelt
separation between the residential and commercial areas on
the south boundary of the subdivision would include a six-foot
site obscuring fence or dense coniferous hedge.
Sipe asked where Woytus lived and Wilson stated that he had
Lot 5DD which is to the east of this proposed development.
Johnson asked about the attached curbing and Wilson
answered that the recommendation is for a detached sidewalk
despite that the preliminary plat indicates an attached
sidewalk around the cul-de-sac on. The developers did not ask
for a variance and there is no hardship to provide a basis for
one. The condition relating to that states that the developers
would be required to build the roadways in accordance with the
City Design and Construction Standards, which would require
a detached sidewalk.
PUBLIC BEARING The public hearing was opened to those who wished to speak
on the application.
PROPONENTS Dan Henderson, agent for the property owner, spoke in favor of
the application stating that this commercial subdivision lends
itself easily to the area. He believes there would not be a
problem with the applicant complying with the conditions as
amended and recommended by staff.
Kalispell City -County Planning Board
April 11, 2000 Meeting Minutes
Page 2 of 2
Gerald Young, adjacent property owner, spoke in favor of the
application stating that he couldn't see any problems with this
proposal.
Tom Cowan, with Carver Engineering, spoke in favor of the
application stating that he was there to answer technical
questions and does not see any major problems other than the
traffic analysis, which they anticipated would be required by
the Kalispell Public Works Department.
OPPOSITION Becky Bower, 14 South Meridian, spoke against the proposed
commercial designation for the subdivision stating that as an
area resident she believes there is too much commercial in the
area already. She added that Randy Vaught and other
neighbors had told her that they were also opposed to the
application. She stated that she had not had time to prepare
any specific comments, however she did want to note her
opposition.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION Mann asked about the sidewalk along the west side of Meridian
and Wilson stated that the sidewalk would connect to the
pedestrian trail to the north and eventually down to Second as
those lots come into the city. The sidewalk would connect to
those planned to the north, and to the south this sidewalk
could be connected to by new developments.
Stevens asked and Wilson answered that a traffic engineer
would do the traffic study. She stated that there are levels of
service assigned to roadways based on several factors. The
study could show that upgrades might be needed due to the
creation of the four-way intersection and the addition of traffic
from this subdivision. Dan Henderson noted that an outside
consultant would have to be hired to complete a traffic study,
which would give recommendations on improvements
necessary to this development.
Hines asked and Wilson answered that the Public Works
Department wants this study submitted in conjunction with
the utility design because the roadway construction and
specifications may be changed as a result of mitigation
recommendations from the traffic study.
Hines stated that he believes there are only two firms in the
State that do traffic analysis and that they are two years out in
their schedule.
Wilson stated that she knows there is someone locally that is
qualified to do a traffic study and she does not know about
others or a two year delay.
Kalispell City -County Planning Board
April 11, 2000 Meeting Minutes
Page 3 of 3
Rice stated that he believes that a commercial zoning
designation would work well with the surrounding area. He
added that a traffic study would make recommendations that
would mitigate the impacts on traffic from this commercial
business park.
Stevens pointed out that there would probably be more
commercial uses developed south of this development. He sees
this as a transition area and those residential property owners
should probably note that the city is expanding in this area
when making improvements to their property and that this
could be described as a transition area.
Geraldine Young stated that she is an adjacent property owner
and with the Appleway development and this development, her
neighborhood would become an island of residential zoning
amongst the commercial zoning. She questioned whether they
could come into the city under both of those projects and be
designated B-2.
Wilson stated that once these areas are annexed, she could
petition to annex under a commercial zoning designation to be
consistent with these other properties in the area. It would be
anticipated that this area would be annexed as commercial and
be developed to something other than residential such as small
offices. Or the neighborhood could ask for a designation that
would allow either residential or commercial uses and maybe
have duplexes, small apartments, or an apartment / office
combination.
MOTION Mann moved and Stevens seconded to adopt staff report KA-
00-2 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the subject
property be zoned B-2, General Business, upon annexation.
On a roll call vote all members voted Aye. The motion to
recommend B-2 zoning passed unanimously.
Rice moved and Sipe seconded to adopt staff report KPP-00-3
as findings of fact and, based on these findings, recommend
that the Kalispell City Council grant preliminary plat approval
subject to the conditions as amended by staff.
Heinecke stated that he would want the traffic study deleted
from the conditions, noting that if a problem develops at some
point in the future then the City could do a more
comprehensive traffic study.
Heinecke moved and Hines seconded to amend the motion to
delete condition six relating to the traffic analysis.
Kalispell City -County Planning Board
April 11, 2000 Meeting Minutes
Page 4 of 4
Garberg stated that adding a condition for a 60-foot easement
is in line with a traffic study.
Wilson stated that as developers come in and develop those lots
south of this development they would then have access. The
lots to the west were created in such a way that they don't have
roadway frontage. This would provide a connection to those
lots.
Garberg stated that requiring a traffic study would be a
superfluous request, as it would not make any difference.
Wilson stated that the Public Works Department is
recommending the traffic study to determine if there should be
upgrades to that intersection, due to this development, and to
insure that it would continue to function as adequately.
Garberg stated that this would be at the expense of one
landowner, not knowing the cost or how much time it would
take or how much relevance it would have. The City has ways
they can budget for that, not the developer.
Wilson noted that the impacts would be generated from this
development.
Rice stated that adding another street to an intersection would
have some impact to that intersection. He does not think that
the board should determine how to treat that. He would be
more inclined to have the traffic study by professionals that
would make recommendations on any needed upgrades to this
intersection.
Wilson stated that she understood the traffic study to be
limited to this intersection.
Johnson stated he does not know how a traffic study could be
done on seven empty lots that are designated business. Those
might or might not be high -density traffic lots and a traffic
study would be premature.
The motion to amend the main motion by deleting condition six
passed unanimously on a roll call vote.
The amended main motion to recommend approval of the
preliminary plat, subject to the staff and board amended
conditions, passed unanimously on a roll call vote.
OLD BUSINESS Wilson stated that the applicants for the Bee Hive Homes
assisted facility has withdrawn their application and the
property owner to the south is interested in purchasing the
property.
Kalispell City -County Planning Board
April 11, 2000 Meeting Minutes
Page 5 of 5