2. Ordinance 1667 - Initial Zoning - Chris Neater - 1st ReadingPlanning Department
2011" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT Chris Neater - Initial Zoning of B-2 (General Business) and I-1 (Light
Industrial)
MEETING DATE: August 3, 2009
BACKGROUND: The city council acted on the annexation of this particular property on
July 6, 2009. On this date the council approved Resolution 5373 annexing wholly
surrounded properties within the city of which this property was listed in the resolution as
area 22. The resolution -provided an effective date of October 21. 2009 however the
property owner of area 22 is seeking the approval of an initial zoning district now with an
effective annexation date earlier than October 213t.
The Kalispell City Planning Board met on July 14, 2009 and held a public hearing to
consider a request for initial zoning of B-2, General Business and I-1, Light Industrial, on
two lots totaling approximately 1.49 acres in size. The property is located on the west side
of Highway 93 approximately 1/4 of a mile south of the intersection of Highway 93 and Kelly
Road.
The eastern half of the property is developed with two separate buildings for commercial
businesses with the address of 2450 Highway 93 South. The western portion of the
property is vacant. The 1.49 acre site includes assessor's tract number 7CEB and can be
legally described as parcels A and B of Certificate of Survey 15916 located in the SW 1/4
and the SE 1/4 of Section 20, Township 28 North, Range 21 West.
Planning department staff presented staff report #KA-09-03 providing details of the
proposal and the evaluation. Staff reported that the proposed B-2 and I-1 zoning districts
were compatible with surrounding land uses and also consistent with the Growth Policy
which designated the area as commercial. Staff recommended the board consider
recommending the council approve the initial zoning of B-2 and I-1 based on this and
other facts determined in the staff report.
At the public hearing Matt Nerdig, of A2Z Engineering, spoke in favor of the proposed
initial zoning on behalf of the owner. No other persons made public comments and the
public hearing was closed.
The board briefly discussed how the B-2 and I-1 zoning was consistent with the growth
policy and fits in with commercial zoning in the area. The board recommended approving
the requested initial zoning of B-2, General Business, and I-1, Light Industrial, for the
properties. The vote was unanimous.
RECOMMENDATION: A motion to approve the first reading of the ordinance for initial
zoning of B-2 (General Business) and I-1 (Light Industrial) would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: July 28, 2009
c: Theresa White, Kalispell City Clerk
M ebb
Interim City Manager
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
!.1 ►►! 1 17.11 NWIM.11MI. i i
►► 1 W DI ►FAIM11 OW41 ,. I i10NE OWN aw-luff-11101 IM Irre . 1 !
PARTICULARLY DESCRIBED ON EXHIBIT "A" (PREVIOUSLY ZONED COUNTY B-2
(GENERAL BUSINESS)) TO CITY B-2 (GENERAL BUSINESS) AND CITY 1-1 (LIGHT
INDUSTRIAL) ACCORDANCE ,r POLICY 2020,
WHEREAS, Chris Neater, the owner of the property as described on Exhibit "A", attached hereto
and incorporated herein by this reference, petitioned the City of Kalispell that the
zoning classification attached to the above described tract of land be zoned B-2,
General Business and I-1, Light Industrial, on approximately 1.49 acres of land, and
WHEREAS, on July 6, 2009, the property was annexed by Resolution 5373 with an effective date
of October 21, 2009, and
WHEREAS, the property is located on the west side of Highway 93 South, approximately one -
quarter mile south of the intersection of Highway 93 and Kelly Road, and
WHEREAS, the petition of Chris Neater was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-09-3, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned B-2, General Business and I-1, Light Industrial, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 14,
2009, and recommended that the zoning be City B-2, General Business and I-1, Light
Industrial, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business and I-1, Light Industrial, the City Council finds such
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
County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in
Staff Report No. KA-09-3.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described on Exhibit "A" as B-2, General Business and I-1, Light
Industrial on approximately 1.49 acres of land.
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. This Ordinance as well as the annexation of the subject property shall take
effect from and after 30 days of its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS DAY OF 12009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
"
Assessor# 0972913 and 0976768, Document Recording No. 200400216230
Sky Harbor Court Condo Units 1 and 2, being located on:
That portion of the NW1/4SE1/4 of Section 20, Township 28 North, Range 21 West,
Principal Meridian, Flathead County, Montana, described as follows:
Commencing at the most northerly corner of that tract shown as Tract 1 on Certificate of
Survey No. 7123, records of Flathead County, Montana, said corner being on the
Southwesterly Right -of -Way line of U.S. Highway No. 93; thence along said Southwesterly
Right -of -Way line, South 32°50' 29" East, a distance of 101.84 feet to the Point of Beginning
of the parcel being described; thence continuing along the Southwesterly Right -of -Way line,
South 32°50'29" East, a distance of 97.84 feet; thence South 57°06'30" West, a distance of
140.00 feet; thence North 32°47'54' West, a distance of 98.03 feet; thence North 57010'59"
East, a distance of 139.93 feet to the Point of Beginning.
Excepting therefrom that nnrtinn r1accrihPr1 in Rnranin nnrl .Qnla Tlaarl onnVPVPrl to tha
Montana Department of Transportation recorded October 15, 2002, as Doc. No. 2002-288-
16510, records of Flathead County, Montana.
and
Assessor# 0976769 - Tract 7CEB — Parcel A of Certificate of Survey No. 15916
A tract of land in the NE1/4 SWIM and the NW1/4 SE1/4 of Section 20, Township 28
North, Range 21 West, P.M.M, Flathead County, Montana, described as follows:
Commencing at the southwest corner of Tract 1 as shown on Certificate of Survey No.
11304, records of Flathead County, said corner being the True Point of Beginning of the tract
of land herein described; thence along the boundaries of said Tract 1 the following four
courses:
N32049'42"W 99.93 feet; N57°06'29"E 300.57 feet; N32°57'36"W 99.78 feet, and
N57008'49"E 248.17 feet to a point on the southwesterly right-of-way of U.S.
Highway No. 93.
thence S32°51'21"E 101.70 feet along said right-of-way to a point on the south boundary of
said Tract 1; thence along the boundaries of said Tract 1 the following seven courses:
S57011'35"W 128.69 feet; S32°51'09"E 98.03 feet; S57°06'30"W 58.35 feet;
N32055'01"W 98.04 feet; S57001'00"W 149.33 feet; S33°06'21"E 97.80 feet and
S57006'30"W 212.55 feet to the point of beginning containing 1.202 acres more or
less.
on the east side of the parking lot to screen the cars from the
adjacent homes and another condition requires the lighting
on the building be brought into compliance with the city's
lighting standards.
Conrad added a letter in support of the conditional use
permit was received.
BOARD QUESTIONS
Hinchey asked if this use would be subject to a payment in
lieu of taxes (PILT) and Conrad said because the Co-op is
part of the school district and would not compete with for -
profit businesses they would not be subject to a PILT.
Schutt asked if the Co-op is purchasing the building and
Conrad said they are leasing a portion of the building.
APPLICANT/CONSULTANTS
Bob Donahue, 845 Highland Drive, Whitefish stated he is
representing Samaritan House and said they took possession
of the building August of 2008 and at that time put 2 offices
in the building for their needs. Since they have such a large
building which they don't have use for they thought leasing
out a portion of the building would generate some income to
be used to provide better services for the homeless in this
area.
PUBLIC HEARING
Chris Krager, Director, Samaritan House, 124 9th Avenue
West stated the former Armory was very close to the hearts of
a lot of people in the area and to continue the community
spirit they removed the sign from the front yard and are
displaying it on the wall in the assembly hall with other
information as a tribute to the men who served there. Krager
added there will only be offices for the Samaritan House in
this location and not any direct homeless services.
MOTION
Hull moved and Clark seconded a motion to adopt staff
report #KCU-09-09 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be
approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
NEATER INITIAL ZONING .
A request from Chris Neater to annex 1.49 acres and zone
UPON ANNEXATION
the land B-2 (General Business) and I-1 (Light Industrial)
REQUEST
upon annexation. The B-2 zoning would encompass
......... ......... ......... .........
approximately one acre on the east side of the property
where the existing commercial buildings are located. The I-1
zoning would encompass approximately 0.49 acres on the
west side of the property which is currently vacant. The 1.49
acre project site is located on the west side of Highway 93
approximately 1/4 of a mile south of the intersection of
Highway 93 and Kelly Road.
Kalispell City Planning Board
Minutes of the meeting of July 14, 2009
Page 2 of 6
STAFF REPORT KA-09-03 Sean Conrad, representing the Kalispell Planning
Department reviewed staff report KA-09-03.
Conrad reviewed the location of the property, adjacent
zoning, and surrounding uses. Conrad noted there is an
existing commercial building on the property and the
proposal for initial zoning includes both the B-2 (General
Business) and I-1 (Light Industrial) zoning. Staff is
supporting the 2 zoning districts on this property because
they intend to file a boundary line adjustment with an
adjacent property to the north which is already zoned I-1. It
is staffs belief that it would be better to have one zoning
district after that boundary line adjustment instead of the
property being split with 2 different zoning designations. In
addition the B-2 zoning on the commercial side of the
property would be appropriate.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KA-09-03 as findings
of fact and recommend to the Kalispell City Council that the
initial zoning for the properties upon annexation be B-2
(General Business) and I-1 (Light Industrial).
BOARD QUESTIONS Clark asked what impact would the zoning have on the city
airport and Conrad said the City Airport Director has been
made aware of the zone change and it doesn't have any
impact. However when the property adjacent to the airport
comes in with a development proposal some height
standards might come into play.
Hull asked if the back property is developed and Conrad
said it is vacant with a couple empty truck trailers. A
portion of the property was used as a septic leech field for
the business. Hull asked if there were airplane hangars in
this area and Conrad said yes but they do not appear to be
used at this time for planes.
Hinchey asked what the appropriate zoning would be along
the runway and Conrad said the city's Growth Policy Map
has this corridor as commercial so in the future they would
be talking with the property owners about a business zone,
B-2 or commercial industrial zone of B-5. Hinchey said if
the city would rather it was a business zone why wouldn't
both of these pieces be recommended for B-2. Conrad said
staff thought it should be zoned now as I-1 in anticipation
of the boundary line adjustment with the adjoining I-1
zoning and if they choose to develop the property to
industrial standards now they can.
Jentz said with a property like Murdoch's it makes sense to
have the whole property zoned commercial because they
can utilize the entire frontage. In the case of this property
they have already utilized the frontage as retail which
demands customer access and exposure however, for the
Kalispell City Planning Board
Minutes of the meeting of July 14, 2009
Page 3 of 6
back property light industrial makes sense because it
doesn't demand the retail visibility.
Clark said he assumes that the airport does not need any
part of that land and staff said the City Airport Manager did
not give any indication that they would need it.
APPLICANT/CONSULTANTS
Matt Nerdig, A2Z Engineering, 115 Commons Way, Kalispell
stated they were hoping to annex the 1.5 acres and zone it
with B-2 in the front and I-1 in the back. The existing drain
field does sit on the back portion of property and as soon as
the annexation is complete the applicant will then be able to
connect to city water and sewer services. They will then
prepare a set of plans for the Public Works Department's
approval and the drain field will be abandoned. He added
when the property transfers there will then be no easements
attached.
PUBLIC HEARING
No one wished to speak.
Mendius moved and Hinchey seconded a motion to adopt
staff report #KA-09-03 as findings of fact and recommend to
the Kalispell City Council that the initial zoning for the
properties upon annexation be B-2 (General Business) and I-
1 Light Industrial).
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
Continued from June 9, 2009:
LOST HORIZON RANCH, LLC
A request by Lost Horizon Ranch, LLC for a conditional use
CONDITIONAL USE PERMIT
permit (CUP) to locate a transitional living program (defined
under the zoning code as a group home) for youths 14 to 18
in an existing duplex located at 530/528 3rd Street East.
The property is zoned R-3, Urban Single -Family Residential,
which requires a CUP for group homes serving eight or
fewer persons within the district. The property can be
legally described as lot 1 of Block 194 Kalispell Addition No.
2, located in Section 17, Township 28 North, Range 21
West.
Group homes serving eight or fewer persons fall under a
special provision in the state statutes, Section 76-2-412,
M.C.A., which gives them a specific "residential" status.
Because of this special status no conditions may be placed on
the CUP that would not otherwise apply to residences in
general. Additionally, a CUP for group homes cannot be
denied by the governing body and the public hearing is
intended as a forum for information and public comment.
Kalispell City Planning Board
Minutes of the meeting of July 14, 2009
Page 4 of 6
Planning Department
201 lst Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
SUBJECT: Cost of Services Analysis - Chris Neater Commercial Annexation
MEETING DATE: August 3, 2009
BACKGROUND: This is a cost of services analysis for a 1.49 acre site located on the west
side of Highway 93 approximately 1/4 of a mile south of the intersection of Highway 93 and
Kelly Road.
The eastern half of the property is developed with two separate buildings for commercial
businesses with the address of 2450 Highway 93 South. The western portion of the
property is vacant. The 1.49 acre site includes assessor's tract number 7CEB and can be
legally described as parcels A and B of Certificate of Survey 15916 located in the SW 1/4
and the SE 1/4 of Section 20, Township 28 North, Range 21 West.
Once annexed to the City of Kalispell, full city services would be made available to the
property owner. Any necessary infrastructure associated with this development would be
required to be constructed in accordance with the City of Kalispell's Design and
Construction standards and any other development policies, regulations or ordinances
that may apply.
No new commercial development plans have been proposed, however the cost of services
analysis has been generated using generalized commercial figures for water and sewer
connections. The current market value for the two properties listed on the 2008 tax roll is
$664,000. This includes both the land and existing buildings. Based on this market
value, annexing the properties would provide approximately $2,120 in revenue to the city
per annum. A one time impact fee could be expected to be around $8,200 for water and
sewer connection fees. Figures in the analysis represent the costs, revenues and impact
fees once the properties are annexed and hook up to city water and sewer service. No
impact fees have been shown for police, fire, storm water or transportation because the
property is entirely surrounded by the city and no new buildings are proposed at this time.
If or when additional development occurs on the property then these impact fees would be
paid prior to issuance of a building permit.
Note that this cost of services analysis has been prepared for commercial land uses and is
only an estimate based on a variety of assumptions. This information does not take into
consideration the build -out time or changes in methods of assessment and estimated
costs associated with services. The information can only be used as a general estimate of
the anticipated cost of services and revenue. A complete and accurate calculation of
impact fees will be completed at the time a connection to water and sewer is requested
and/or a building permit is applied for as the necessary information would be available at
that time.
CONCLUSIONS: Cost of services for this annexation is estimated to be $4,368.
Approximately $6,487 will be generated from assessments and taxes and a one time
impact fee for water and sewer service is estimated to be $8,200. Based on these
estimated figures, the net revenue to the city would be approximately $2,120. Again,
these figures represent the theoretical development at the final build -out stage. Please
refer to Exhibit A for more details.
Respectfully submitted,
Sean Conrad
Senior Planner
Analysis compiled: July 28, 2009
Attachments: Exhibit A - Cost of Services Analysis for the Chris Neater properties
c: Theresa White, Kalispell City Clerk
Chris Neater
COST OF SERFVCCES ANALYSIS (COMMERCIAL LAND 90 % COVERED)
July 28, 2009
PROJECT DETAILS
Number of acres proposed to be annexed. 1.49
Number of commercial units: 1
Average square foot per lot. 64,904
Assessed value per property. $664,000
1. COST OF SERVICES
Costs based on commercial acres 1.49
Fire: $1,401
Police: $1,789
Administration: $213
Solid Waste: $0
Costs per dwelling unit or Equivalent Residential Unit (ERU): 1
Roads: $426
Water: $198
Sewer: $108
Wastewater Treatment: $167
Stormwater: $66
TOTAL ANTICIPATED COST OF SERVICE _ $4,368
2. ANTICIPATED REVENUE GENERATED
Assessments based on average square foot per lot: 64,904
Storm sewer assessment: $168
Street maintenance assessment: $721
Urban forestry assessment: $88
Light maintenance assessment: $195
Special assessment: $0
Sewer and water bill $1,997
TOTAL ANTICIPATED REVENUE = $3,168
3. TAX REVENUE
Assessed value per property: $664,000
Total assessed value: $664,000
Total taxable value: $20,385
Total additional revenue based on 170 mill levy: $3,320
TOTAL ESTIMATED TAX REVENUE _ $3,320
4. IMPACT FEES
Sewer impact fee:
$2,674
Water system impact fee:
$5,533
Stormwater impact fee
$0
Police impact fee
$0
Fire impact fee
$0
Transportation Impact Fee
0
TOTAL ESTIMATED IMPACT FEE _
$8,207
SUMMARY
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $6,487
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $8,207
7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 AND 3 - ITEM 1) $2,120
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
July 28, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Chris Neater - Initial Zoning of B-2 (General Business) and I-1 (Light Industrial)
Dear Myrt:
The Kalispell City Planning Board met on July 14, 2009 and held a public hearing to
consider a request for initial zoning of B-2. General Business and I-1. Light Industrial. on
two lots totaling approximately 1.49 acres in size. The property is located on the west side
of Highway 93 approximately 1/4 of a mile south of the intersection of Highway 93 and Kelly
Road.
The eastern half of the property is developed with two separate buildings for commercial
businesses with the address of 2450 Highway 93 South. The western portion of the
property is vacant. The 1.49 acre site includes assessor's tract number 7CEB and can be
legally described as parcels A and B of Certificate of Survey 15916 located in the SW 1/4
and the SE 1/4 of Section 20, Township 28 North, Range 21 West.
Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-09-03
providing details of the proposal and the evaluation. He reported that the proposed B-2
and I-1 zoning districts were compatible with surrounding land uses and also consistent
with the Growth Policy which designated the area as commercial. He recommended the
board consider recommending the council approve the initial zoning of B-2 and I-1 based
on this and other facts determined in the staff report.
At the public hearing Matt Nerdig, of A2Z Engineering, spoke in favor of the proposed
initial zoning on behalf of the owner. No other persons made public comments and the
public heating was closed.
The board briefly discussed how the B-2 and I-1 zoning was consistent with the growth
policy and fits in with commercial zoning in the area. The board recommended approving
the requested initial zoning of B-2, General Business, and I-1, Light Industrial, for the
properties. The vote was unanimous.
Please schedule this matter for the August 3, 2009 regular city council meeting. You may
contact this board or Sean Conrad at the Kalispell Planning Department if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt
President
Attachments: Letter of transmittal
Staff Report #KA-09-03 and supporting documents
Draft minutes from the 7/ 14/09 planning board meeting
Petition to Withdrawal from Rural Fire District
Cost of Services Analysis and Memo
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Chris Neater
2450 Highway 93 South
Kalispell, MT 59901
A77, F,nssinPPrin%r PTJ,(:
Attn: Matt Nerdig
115 Commons Way Suite 201
Kalispell, MT 59901
CHRIS NEATER
REQUEST FOR INITIAL ZONING OF B-2 AND I-1 UPON ANNEXATION
STAFF REPORT #KA-09-03
KALISPELL PLANNING DEPARTMENT
JULY 7, 2009
This is a report for the Kalispell City Planning Board and the Kalispell City Council
regarding the initial zoning of B-2 (General Business) and I-1 (Light Industrial) upon
annexation to the city for property located on the west side of Highway 93. A public
hearing has been scheduled before the planning board for July 14, 2009 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 property
owner has petitioned for annexation and initial zoning classification of B-2 and I-1.
A. Petitioner and Owners: Chris Neater
2450 Highway 93 South
Kalispell, MT 59901
Technical Assistance: A2Z Engineering PLLC
115 Commons Way Suite 201
Kalispell, MT 59901
(406) 755-7888
B. Location and Legal Description of Property: The 1.49 acre project site is
located on the west side of Highway 93 approximately 1/4 of a mile south of the
intersection of Highway 93 and Kelly Road. The property is developed with a
commercial building with the address of 2450 Highway 93 South. The 1.49
acre site includes assessor's tract number 7CEB and can be legally described as
parcels A and B of Certificate of Survey 15916 located in the SW 1/4 and the SE
1/4 of Section 20, Township 28 North, Range 21 West.
Figure 1: Photo of one of the commercial buildings on the site. The photo was
taken from sidewalk along Highway 93 looking west.
C. Existing zoning: The 1.49 acre site is currently zoned B-2 under the Flathead
County Zoning Regulations. The B-2 zoning district is a business district to
provide for those retail sales and service functions and operations that are
typically characterized by outdoor display, storage, and/or sale of merchandise,
by major repair of motor vehicles, and by outdoor commercial amusement and
recreational activities. This district should also serve the general needs of the
tourist and traveler.
D. Proposed Zoning: The owner is requesting the property be rezoned to two
zoning districts, the B-2, General Business, district and the I-1, Light Industrial,
district. The B-2 zoning would encompass approximately one acre on the east
side of the property where the existing commercial buildings are located. The I-1
zoning would encompass approximately 0.49 acres on the west side of the
property which is currently vacant. The owner is requesting two zoning districts
because he intends to do a boundary line adjustment with the properties
immediately north, assessor's tracts 7AAC, 2C and 7CD. This property is within
the city limits and is zoned I-1. Based on discussion with the planning staff, staff
is recommending the planning board and city council consider both zoning
districts upon annexation. This would recognize the intended boundary line
adjustment with the neighboring property and providing for each of the
reconfigured tracts to end up having only one zoning district designation.
The B-2 zoning district is intended to provide areas for those retail sales and
service functions and businesses whose operations are typically characterized
by outdoor display, storage and/ or sale of merchandise. This district would also
serve the general needs of the tourist and traveler and depends on the proximity
to major streets and arterials. The zoning ordinance recommends the B-2
zoning district be located in business corridors or in islands.
The intent of the I-1 zoning district is to provide areas for light industrial uses
that typically do not create objectionable characteristics (such as dirt, noise,
glare, heat, odor, smoke, etc.), which extend beyond the lot lines. Such light
industrial uses would include light manufacturing, processing, fabrication and
assembling of products or materials, warehousing and storage and
transportation facilities.
E. Size: The area proposed for annexation and zoning encompasses approximately
1.49 acres.
F. Existing Land Use: The eastern half of the property is developed with two
separate buildings for commercial businesses. The western portion of the
property is vacant.
Figure 2: An aerial photo of the project site and surrounding area.
NEATER PROPERTY PROPOSED ANNEXATION VICINITY MAP
10y
_ A
RE aaNti =`
AIRPOgTWAY.
93
-
rr
z 4_
1
NONAME
�0 a
4
fry -�nis
kca;rr Rnf}nl, - rn: p..;�a 6niM,..n�.� •"
G. Adjacent Land Uses and Zoning: Adjacent land uses include commercial
businesses including outdoor sales of off -road vehicles and boats. Across the
highway to the east of the site includes vacant land and several metal buildings
housing various commercial and light industrial uses.
North: Commercial, City B-2 and I-1
West: City Airport, City P-1
South: Commercial, City B-2
East: Commercial, County B-2
H. General Land Use Character:
The general land use character of the Highway 93 South corridor is commercial
and light industrial uses concentrated along Highway 93. Immediately
surrounding the project site on the north and south sides are existing
commercial buildings within city limits. The Kalispell City Airport is located
immediately west of the site.
I. Availability of Public Services and Extension of Services: Existing city
infrastructure in this area includes city water and sewer lines running the
length of Highway 93. These lines have been oversized to serve the anticipated
3
future development that would occur on the land included with the annexation
request.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, Montana
Code Annotated (M.C.A.). Findings of fact for the zone change request are discussed
relative to the itemized criteria described by 76-2-304, M.C.A.
Does the requested zone comply with the Kalispell Growth Policv?
The 1.49 acre project site is designated by the Kalispell Growth Policy 2020 as
Commercial which is intended for retail, offices, services, mixed use and
residential development.
Chapter 4, Policy 3 of the Growth Policy states that commercial districts along
major arterials are anticipated to provide for uses that require space for outdoor
display of merchandise, storage materials and/or equipment and outdoor sales
areas and expansion of these areas should be contingent upon the provision of
public services and adequate infrastructure.
Based on the growth policy_ land use designation the proposed B-2 zoning district
permits a variety of office, commercial and residential uses that are compatible
with the commercial land use designation. This is based on the B-2 zoning
district's intent to provide areas for retail sales and service functions and
businesses whose operations are typically characterized by outdoor display,
storage and/or sale of merchandise.
In addition to zoning a portion of the property B-2 the owner is also requesting
the western portion be zoned I-1. The I-1 portion of the property would be
conveyed through a boundary line adjustment to the property immediately north
also zoned I-1. The two zoning districts, although unusual, will provide for an
easier use of the neighboring I-1 property to the north and best reflect the
existing and future businesses on the eastern portion of the property where the
existing buildings are located.
The following goals of the Kalispell Growth Policy support the request to zone the
1.49 acre project site to B-2 and I-1 upon annexation:
Chapter 4, Goal 2
NEW COMMERCIAL DEVELOPMENT SHOULD OCCUR IN AREAS WHERE
PUBLIC WATER AND SEWER ARE AVAILABLE.
Chapter 4, Goal 6
PROVIDE ADEQUATE AREAS WITHIN THE COMMUNITY FOR COMMERCIAL
AND INDUSTRIAL EXPANSION AND DEVELOPMENT.
2. Is the requested zone designed to lessen congestion in the streets?
The B-2 zoning district depends on the proximity to major streets and arterials.
Highway 93, immediately adjacent to the project site, is designated a major
arterial in the Kalispell Growth Policy and has had significant upgrades with
respect to road widening and resurfacing in the last five years. These upgrades
have allowed the highway to handle more traffic at higher speeds and will
accommodate the existing uses on the property and any potential light
industrial uses on the portion of the project site recommended for the I-1, Light
Industrial, zoning district.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available or would be constructed in
conjunction with future development of the site in the case of an emergency. Any
new construction will be required to be in compliance with the building safety
codes of the city which relate to fire and building safety. All municipal services
including police and fire protection, water and sewer service would be available to
the property. For water and sewer service this may require main line extensions
by the developer for future projects.
The Kalispell Municipal Airport is immediately west of the project site and is
currently going through plans to expand. This expansion includes the
realignment of the runway to the west and south. However, the current western
property boundary of the project site is very close to the existing taxiway for the
airport. The Airport Director responded to the proposed annexation request by
stating that he would have concerns if future development occurs on this
property.
Although no development plans have been submitted, any future development
will be required to be reviewed by the city. As part of the city's review, building
heights and/or additional setback requirements may be included in future
development to mitigate potential impacts to the adjacent airport.
4. Will the requested zone promote the health and general welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be consistent with the city's growth
policy map and surrounding zoning districts and provide a place for commercial
business uses within the city limits.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on the
properties are established in the Kalispell Zoning Ordinance to ensure adequate
light and air is provided.
6. Will the requested zone prevent the overcrowding of land?
The potential development associated with the project site would be limited by
both the development standards associated with the B-2 and I-1 zoning
districts and the types of uses permitted under the zoning. Commercial and
limited types of light industrial development in this area are appropriate
because of its location, existing development and the availability of urban
services.
7. Will the requested zone avoid undue concentration of people?
Minimum lot standards and use standards will avoid the undue concentration of
people if the properties are further developed.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are available to be extended to the project site in
conjunction with future development. The project site has legal access onto
Highway 93. Utility connections would be addressed when additional
development is proposed on the property.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The 1.49 acre project site is level, not within any floodplain areas and no mapped
streams or wetlands are present. The proposed B-2 and I-1 zoning districts
permit uses which are consistent with the surrounding land uses and give due
consideration of the suitability of this property for the permitted uses in the
district.
10. Does the requested zone give reasonable consideration to the character of the
district?
The property is located off of Highway 93 South. City B-2 and I-1 zoning exists
immediately north and south of the site. The city's growth policy map has
designated this area as appropriate for commercial land uses. This is due to the
site's proximity to US Highway 93 and the fact that there are existing commercial
uses in the area and the city airport is immediately west of the site. By placing
both the B-2 and I-1 zoning districts on the property it would be consistent with
surrounding zoning districts. Based on the property owner's plans for a
boundary line adjustment, placing the two zoning districts on the property
initially will provide for a more effective enforcement of the city's zoning
ordinance by having only one zoning district on each of the lots after the
boundary line adjustment has occurred. Any new construction will be regulated
by the height limitation of the airport zone.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the B-2 and I-1
zoning will promote compatible and like uses on this property as are found on
other properties in the area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Commercial development should be encouraged in areas where services and
facilities are available to support these types of uses permitted under the B-2 and
I-1 zoning districts. The proposed zoning and potential subsequent uses would
be consistent with the surrounding land uses and zoning districts in the
immediate area. When development occurs, construction standards outlined and
0
required in the city's building codes will help to enhance one of Kalispell's most
used gateway entrances. Light industrial zoning on the backside of this site will
serve as both a transitional use adjacent to the airport runway and be compatible
with the existing I-1 zoning.
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-09-03 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for the properties upon annexation be B-2 (General Business) and
I-1 (Light Industrial) .
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin%
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT:
MAIL ADDRESS: "�L-S� 03 `a-� `7 3
CITY/STATE/ZIP: �- ''I % J S�� 1 PHONE: Z (Z-
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: ADZ C PLLC n ACL7 +7y`
MAIL ADDRESS: t'3� 5U%te- 'DOI
CITY/STATE/ZIP: 1�,e1; 5oc1(. Ml 5 5civ t PHONE: 40G T55 -1 t9W
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: V1450 4+� ci3 S> 1ri�A, ,per /✓tl S-gcto i
Legal Description: �Lc:tl 6
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): LLA41 caL", S
Current estimated market value
at 100% build out
Pnt_E 1 A- 3= i ri VI C.c�
at 50% build out
�r
The present zoning of the above property is: 1- D ` `o`— +Y'
The proposed zoning of the above property is:
State the changed or changing conditions that make the proposed amendment necessary:
C"iy� c �lcI: t ell t.Scicr uACA %C-atl SUIu,c s ; c ;> C—rM'N4Y
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection during the annexation process.
(Applicant)
(Date)
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
Tile Petitioner(s) requesting City of Kalispell annexation of the property described 'herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the -%U* &J;sedl Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
-off -(37
Pet' 6ner/Owner Date
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
: ss
County of Flathead County
On this 2 day of t? _, Uc� , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared F\-":c1SV �7h Y- ~ e.G` known
to me to be the person whose name is subscribed to the �bregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this ificate first above written.
-4 NA K'qy` SHAYNA WAHL
o1AA NOTARY PUBLIC-MONTANA
N �+4 Residing at Notary Pub i , State of Montana
* SEAL Kalispell, Montana Printed Name WCi�I�
My Commission Expires
9rF of m March 25, 2013 Residing at
My Commission expires: \N 7.S Z(�Cq
STATE OF MONTANA )
: ss
County of Flathead County
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, !Stljt�e�Montana
Printed Name c
Residing at
My Commission expires:
Planning Department
201 1't Avenue East
Kalispell, W 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kalispell.com/nlannin�
MEMORANDUM
To: Fred Leistiko, Airport Director
From: Sean Conrad, Senior Planner.'
Date: June 18, 2009
Subject: Neater Annexation
Mr. Neater is requesting to annex his 1.49 acre property into Kalispell. The
bronerty is currently surrounded by the city limits and nnr-P annPsrPrl Mr
Neater intends to sell off the western portion of his property to his neighbor to
the north. I've highlighted this area on the attached Certificate of Survey map.
I wanted to know if you had any immediate concerns since this is right next to
the airport. If you could please get back to me by next week I would appreciate
it.
o
.cam 1
to
7AB
K 7AF
2 SuBrMSION'
7A
P-1 7AA B 0
2B ♦-
21 1
7CD
F B
7CG
7 C B &M le�
7C GO
5BB
6��m SPG
00
71
7L
7H
VICINITY MAP
NEATER PROPERTIES, LLC
REQUEST FOR ANNEXATION & INITIAL ZONING OF B-2 (GENERAL BUSINESS)
AND I-1 (LIGHT INDUSTRIAL) FROM COUNTY B-2 (GENERAL BUSINESS)
ON APPROXIMATELY 1.5 ACRES
ME
FILE # KA-09-03
PLOT DATE: 6/4/09
H:\gis\site\ka09-03 neater.dwg
APPLICANT: Neater Properties, LLC
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where annexation & initial zoning has been
requested.
q
Date: // 1
S-T-R: 20-28-21
Tract/Lot: Parcel A & S of Certificate of Survey No. 15916
Property Owners:
Neater Properties, LLC
Attn: Chris Neater
2450 US Hwy 93 South
Kalispell, MT 59901
A2Z Engineering
Attn: Matt Nerdig
115 Commons Way, Ste 201
Kalispell, MT 59901
A2Z Engineering
Chris Neater Shelley Makloski
2450 Highway 93 South Attn: Matt Nerdig 2470 US Highway 93 South
Kalispell, MT 59901 115 Commons Way, Ste 201 Kalispell, MT 59901
Kalispell, MT 59901
Goode Family Trust
1639 US Highway 2 West
Kalispell, MT 59901
Donald Hines
2400 US Highway 93 South
Kalispell, MT 59901
Douglas & Donna Miller
Erin L. Wilken
1460 Riverside Road
Bigfork, MT 59911
M & G Land Company, LLC
586 Columbia Falls Stage
Kalispell, MT 59901
Larry & Arlene Johnson
2387 Foothill Road
Kalispell, MT 59901
City of Kalispell
Attn: City Clerk
P.O. Box 1997
Kalispell, MT 59903
Robert & Alice Ford
2385 US Highway 93 South
Kalispell, MT 59901
Classic Holdings, LLC
2472 US Highway 93 South
Kalispell, MT 59901
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispelLcom/plannin�
You are being sent this notice because you are either a property owner within 150 feet, or in
the vicinity of the proposed project noted below and will be most directly affected by its
development. You have an opportunity to present your comments and concerns at the meeting
noted below. You may contact this office for additional information or visit our website at
www.kalispell.com/planning/.
NOTICE OF PUBLIC BARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
July 14, 2009
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, July 14, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers,
Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public
hearing and take public comments on the following agenda items. The Board will make a
recommendation to the Kalispell City Council who will take final action.
A request by the Samaritan House, Inc. for a conditional use permit to locate the
Flathead Special Education Cooperative within an existing building at 1110 2nd Street
West. The property is zoned P-1, Public, which requires a conditional use permit to
operate a school, public or private. The existing building is the former Armory building
located immediately north of Peterson Elementary School at the corner of South Meridian
Road and 2nd Street West. The property can be described as assessor's tract SDAB
located in Section 21, Township 28 North, Range 21 West.
2. A request from Chris Neater to annex 1.49 acres and zone the land B-2 (General
Business) and I-1 (Light Industrial) upon annexation. The B-2 zoning would encompass
approximately one acre on the east side of the property where the existing commercial
buildings are located. The I-1 zoning would encompass approximately 0.49 acres on the
west side of the property which is currently vacant. The 1.49 acre project site is located
on the west side of Highway 93 approximately 1/4 of a mile south of the intersection of
Highway 93 and Kelley Road. The property is developed with a commercial building
with the address of 2450 Highway 93 South and can be legally described as parcels A
and B of Certificate of Survey 15916 located in the SW 1/4 and the SE 1/4 of Section 20,
Township 28 North, Range 21 West.
Interested persons are encouraged to attend the hearing and make their views and concerns
known to the Board. Written comments may be submitted to the Kalispell Planning
Department at the above address, prior to the date of the hearing, or you may call us at (406)
758-7940, or e-mail us at planningQmlispell.com for additional information.
No. 14706
NOTICE C& PUBLIC HEAR-
ING
KALISPEU.CITY PLANNING
BOARD ANC ZON-ING COM-
MISSION
July 14, 209
The regulmmeeting of the Ka-
lispell City Panning Board and
Zoning Cormission is sched-
uled for Tueday, July 14, 2009
beginning ate'00 PM in the Ka-
lispell City rbuncil Chambers,
Kalispell City4ail, 201 First Ave-
nue East, KApell. The planning
board will hiki a public hearing
and take pi6lic comments on
the followingtgenda items. The
Board will rt*e a recommenda-
tion to the lfdispell City Councii
who will takeinal action.
1. A requet by the Samaritan
House, Inc. a conditional use
permit to Irate the Flathead
Special Eduction Cooperative
within an edsting building at
1110 2nd Stet West. The prop-
eity is zone&iP-1, Public, which
requires a cZditionai use permit
to operate aschool, public or pri-
vate. The Ming building is the
former Arnaty, building located
immediatelynorth of Peterson
Elementary 5 hool at the corner
of South Meklian Road and 2nd
Street West. The property can
be describe:'tas assessors tract
5DAB locaa'd in Section 21,
Township 21'North, Range 21
West.
2. A requeztfrom Chris Neater
to annex 1.: acres and zone
the land B-2(General Business)
and 1-1 (Lit industrial) upon
annexation.. The B-2 zoning
would encoass approximately
one acre onthe east side of the
property whre the existing com-
mercial bungs are located.
The 1-1 zoithg would encom-
pass approirnately 0.49 acres
on the west3ide of the property
which is curently vacant. The
1.49 acre Ps ect site is located
on the westside of Highway 93
approximately, n of a mile south
of the intention of Highway 93
and Kelley Toad. The property
is developetiwith a commercial
building vdh the address of
2450 Highvri,93 South and can
be legally etfscribed as parcels
-•A and B ofrtificate of Survey
15916 locajid in the SW n and
the SE n ofSection 20, Town-
ship 28 Nort Range 21 West.
Documerta pertaining to the
agenda iterrs are on file for pub-
lic inspects at the Kalispell
Planning D partment, 201 First
Avenue Erst, Kalispell, MT
59901, ar&"are available for,
public review during regular of-
fice hours. th addition informa-
tion on eah agenda item is
posted on our website at
www.kalis.mff..com/planning un-
der PlanningBoard Projects.
Interested persons areencour.-
aged to attend: the.hearing, and
make their views and- concerns
known to the Board::. Written
comments -may -be submitted to
the KalispellPlanning, Depart=
ment atthe above address; prior
to the date of the hearing, or you
may call us_ atr (406) 758 7940,
or e-mail us at: planning@kalis
pell:corn. for additional- informa-
tion.
/s[Thomas R. Fentz_
Thomas.R-Jentz .
Planning.&. Building; Director.
June 28 2009
• lu • eM ;.
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT HE IS THE
LEGAL CLERK OF THE DAILY" INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO. 14706
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of June 28, 2009.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to J\Iot real
Cl)
Before me this June 29, 2009 Seal
Dorothy Glenc s
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2009