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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