03. Presentation - Annexation & Zoning with PUD Placeholder - Neil BertelsenPlanning Department
201 1" 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 Neil Bertelsen - Annexation and Initial Zoning of B-2/PUD (General
Business/Planned Unit Development Placeholder)
MEETING DATE: May 4, 2009
BACKGROUND: The Kalispell City Planning Board met on April 14, 2009 and held a
public hearing to consider a request for initial zoning of B-2, General Business, with a
PUD placeholder on four lots totaling approximately 2.48 acres in size. The property is
located on the west side of Highway 93 approximately 300 feet west of the intersection of
Highway 93 and Cemetery Road. The property is developed with a single-family residence
with the address of 135 Cemetery Road with the property extending between Cemetery
Road and Welf Lane. The 2.48 acre site includes the following assessor's tract numbers:
11 FAA, 11 KA, 11 K, 11 W, 11 S, l 1J, 11 H, 11 V and is located in the NE 1/4 of Section 29,
Township 28 North, Range 21 West.
Planning department staff presented staff report #KA-09-01 providing details of the
proposal and the evaluation. Staff reported that the proposed B-2/PUD zoning district
was generally 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 with the PUD based on this
and other facts determined in the findings of fact report. The PUD overlay zoning districts
would be approved as a PUD placeholder at this point requiring additional information, as
required under the PUD provisions of the zoning ordinance, when the land is developed.
At the public hearing Debbie Shoemaker of Marquardt/Marquardt Surveying, spoke in
favor of the proposed annexation and 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/PUD 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, with a PUD, Planned Unit
Development, placeholder for the property upon annexation to the City of Kalispell. The
vote was unanimous.
RECOMMENDATION: A motion to approve the resolution annexing the property and a
motion to approve the first reading of the ordinance for initial zoning of B-2 / PUD (General
Business/Planned Unit Development Placeholder) would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully s tted,
Sean Conrad M t Webb
Senior Planner Interim City Manager
Report compiled: April 28, 2009
c: Theresa White, Kalispell City Clerk
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
w-,vw.kalispell.com/p1anning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
SUBJECT: Cost of Services Analysis - Neil Bertelsen Commercial Annexation
MEETING DATE: May 4, 2009
BACKGROUND: This is a cost of services analysis for a 2.48 acre site located on the west
side of Highway 93 approximately 300 feet west of the intersection of Highway 93 and
Cemetery Road. The property is developed with a single-family residence with the address
of 135 Cemetery Road with the property extending between Cemetery Road and Welf Lane.
The 2.48 acre site includes the following assessor's tract numbers: 11 FAA, 11 KA, 11 K,
11 W, 11 S, I IJ, 11 H, 11 V and is located in the NE 1/4 of Section 29, 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 commercial development plans have been proposed, however the cost of services
analysis has been generated using a recent commercial development as an example -
Glacier Quilts at the Hutton Ranch Plaza (125 Hutton Ranch Road). The current land
value of the property is estimated to be $200,000. If the property owner put $500,000 of
improvements on the lot making the property worth $700,000, the property would provide
approximately $3,921 in revenue to the city per annum. A one time impact fee could be
expected to be around $16,000. Figures in the analysis represent the costs, revenues and
impact fees at the final build out stage.
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 $6,628.
Approximately $10,550 will be generated from assessments and taxes and a one time
impact fee for water, sewer, stormwater, police and fire is estimated to be $16,000. Based
on these estimated figures, the net revenue to the city would be approximately $3,921.
Again, these figures represent the theoretical development at the final build -out stage.
Please refer to Exhibit A for more details.
RespectfullyrsubDted,
Sean Conrad
Senior Planner
Analysis compiled: April 28, 2009
Attachments: Exhibit A - Cost of Services Analysis for the Neil Bertelsen property
c: Theresa White, Kalispell City Clerk
Neil Bertelsen - Retail Example
COST OF SERFVCCES ANALYSIS (COMMERCIAL LAND 90 % COVERED)
April 28, 2009
PROJECT DETAILS
Number of acres proposed to be annexed. 2.48
Number of commercial units: 1
Average square foot per lot. 108,000
Assessed value per property: $700,000
1. COST OF SERVICES
Costs based on commercial acres
2.48
Fire:
$2, 332
Police:
$2,978
Administration:
$354
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 _
$6,628
2. ANTICIPATED REVENUE GENERATED
Assessments based on average square foot per lot: 108,000
Storm sewer assessment: 8279
Street maintenance assessment: $1,200
Urban forestry assessment: $146
Light maintenance assessment: $300
Special assessment: $0
Sewer and water bill $1,997
TOTAL ANTICIPATED REVENUE = $3,921
3. TAX REVENUE
Assessed value per property.
$700,000
Total assessed value:
$700,000
Total taxable value:
$21,490
Total additional revenue based on 170 mill levy:
$3,500
TOTAL ESTIMATED TAX REVENUE = $3,500
4. IMPACT FEES
Sewer impact fee:
$2,674
Water system impact fee:
$5,533
Stormwater impact fee
$6,355
Police impact fee
$78
Fire impact fee
$1,440
TOTAL ESTIMATED IMPACT FEE _ $16,080
SUMMARY
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $10,550
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $16,080
7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 AND 3 - ITEM 1) $3,921
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
APRIL 14, 2009
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board
CALL
and Zoning Commission was called to order at 7:00 p.m.
Board members present were: John Hinchey, Rick Hull,
C.M. (Butch) Clark, Jim Williamson, Richard Griffin and
Troy Mendius. Bryan Schutt was absent. Tom Jentz and
Sean Conrad represented the Kalispell Planning
Department. There were 14 people in the audience.
APPROVAL OF MINUTES
Clark moved and Hull seconded a motion to approve the
minutes of the March 10, 2009 meeting of the Kalispell City
Planning Board and Zoning Commission.
ROLL CALL
The motion passed unanimously on a roll call vote.
PUBLIC COMMENT
No one wished to speak.
BERTELSEN ANNEXATION
A request from Neil Bertelsen to annex 2.48 acres and zone
the land B-2 (General Business) with a Planned Unit
Development (PUD) placeholder zoning district over the
entire site upon annexation. The 2.48 acre site is located
approximately 500 feet west of the intersection of Highway
93 South and Cemetery Road. The property is developed
with a single-family residence with the address of 135
Cemetery Road.
STAFF REPORT KA-09-01
Sean Conrad, representing the Kalispell Planning
Department reviewed staff report KA-09-01.
Conrad reviewed the location of the property along Cemetery
Road near the Town Pump Gas Station, and stated the owner
is requesting annexation into the city with the initial zoning
of B-2/PUD (General Business/Planned Unit Development).
Conrad reviewed the surrounding uses which include
residential and commercial.
Conrad continued the Kalispell Growth Policy designates this
site as commercial which calls for zoning that would allow a
combination of commercial/office/light industrial and
residential uses. This use is consistent with the commercial
land use designation on the growth policy map. The PUD
overlay is proposed to coordinate the design with the existing
development both to the north and west of the site,
incorporate good access design at this critical intersection,
making sure future development does not negatively impact
the airport to the north, and that any development at this
location is attractive because of its prominent location at the
entrance corridor to the city.
Kalispell City Planning Board
Minutes of the meeting of April 14, 2009
Page 1 of 7
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KA-09-01 as findings
of fact and recommend to the Kalispell City Council that the
zoning for the properties upon annexation be B-2/PUD
(General Business/Planned Unit Development).
BOARD QUESTIONS
Griffin asked what liability would the city assume through
annexation of Welf Lane and Conrad said the annexation
boundary would be to the center of Welf Lane and the Public
Works Department would be required to maintain at least
that portion of the lane. Conrad added in talking with the
Public Works Director, in areas where the city has 1/2 of the
road and the county has the other 1/2 they work out a plan on
who will do the plowing and maintenance on that road. He
noted Cemetery Road is currently under a similar plan.
Griffin asked when the city will address curb, gutters, and
sidewalks for this property and Conrad said those
discussions will be held when a development proposal is
submitted to the city.
Hull asked if the landowner could remove the PUD overlay
zoning district in the future and Conrad said yes but that
would have to come before the board and city council for
approval.
APPLICANT/CONSULTANTS
Debbie Shoemaker, Marquardt/Marquardt Surveying said
she is representing the client and is available for questions.
Hull asked what general plans are being considered for this
property and Shoemaker said no plans to develop the
property are currently in the works. The property owner is
preparing the property for his children and possibly for sale
in the future. Hull asked why the PUD and Shoemaker said
the planning staff recommended that a PUD placeholder be
put in place so then if someone purchases the property they
would have to come back to the board and council for a
review of their proposal.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION - ZONE CHANGE
Clark moved and Hull seconded a motion to adopt staff
report #KA-09-01 as findings of fact and recommend to the
Kalispell City Council that the initial zoning for the properties
upon annexation be B-2/PUD (General Business/Planned
Unit Development).
BOARD DISCUSSION
Clark said this property and zoning fits into the current
commercial designations/development in that area.
Hinchey said he agrees and added he likes the PUD because
it provides for a review of the future development of the
property.
Kalispell City Planning Board
Minutes of the meeting of April 14, 2009
Page 2 of 7
ROLL CALL ( The motion passed unanimously on a roll call vote.
MAW CONDITIONAL USE A request from Steven Maw for a conditional use permit to
PERMIT construct a 4-plex on a 12,500 square foot lot zoned RA-1
(Low Density Residential Apartment). The property is
located on the south side of Vista Loop in the Three Mile
Views subdivision, located on Three Mile Drive.
STAFF REPORT KCU-09-05 I Sean Conrad, representing the Kalispell Planning
Department reviewed staff report KCU-09-05.
Conrad reviewed the location of the property and provided a
brief history of the subdivision that created this lot. Conrad
reviewed the site plan. He noted one issue is the access onto
Vista Loop. Public Works had some concerns with the access
point because there is already a driveway serving a single
family residence immediately north of the site, a driveway
serving the future townhouse units immediately to the west
and a 20 foot driveway that would serve this 4-plex for a total
of 4 driveways in a fairly short distance. Public Works met
with the developer and it was agreed that street trees would
be planted on either side of the driveway as well as sod laid
to help delineate the driveway from the rest of the street.
Conrad provided a photo of another similar 4-plex that this
developer built located on East California Street. He noted
the building would be a 2-story building however additional
architectural features would be required so the 4-plex would
blend in with the existing houses in the neighborhood.
Conrad described the architectural embellishments for the
board and indicated if the CUP is approved the Architectural
Review Committee would review the design before
construction.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-09-05 as findings
of fact and recommend to the Kalispell City Council that the
Conditional Use Permit be approved subject to the 15
conditions listed in the staff report.
BOARD DISCUSSION Hinchey asked if No Name Street behind this development
was an actual roadway and Conrad said it is a driveway
serving houses that are still in the county.
Williamson asked if the bike rack noted in Condition #9 is
designed to be in addition to the normally required parking
or is the bike rack intended to allow them to reduce the
parking. Conrad said under the parking regulations the
developer would be allowed to reduce parking by 5% with
the addition of the bike rack however, that would only
equate to about 1 less parking space.
Kalispell City Planning Board
Minutes of the meeting of April 14, 2009
Page 3 of 7
APPLICANT/TECHNICAL Steven Maw, building contractor and applicant of the
SUPPORT conditional use permit stated he built another 4-plex similar
to the one proposed and the reason he chose this lot is the
size of the lot that would enable him to build the 4-plex
back away from the street where the view would not be
obscured. The city's recommendation of trees along the
driveway would also screen the building from view. There
will be townhouses or duplexes also running east to west
along Three Mile Drive and additional multi -family lots
would be allowed with a conditional use permit. If this
project is approved the next phase would be to acquire a
building permit and go through architectural review and he
added he is not opposed to anything that the Architectural
Review Committee would require.
Hull asked how tall will the building be and Maw said it will
not exceed 30 feet and have a 5/ 12 pitch roof.
Clark said it appears that the building is moved far enough
east to not block the view to the south and Maw said that
would be correct. Maw added a duplex, if located on this lot
instead, would be orientated differently than what is
proposed and could very well block the view to the south to
some extent.
Williamson asked for a review of the layout of the units and
Maw provided that information. Williamson agreed
additional architectural embellishments should be required
along with additional windows and Maw said that could be
done.
Griffin said a letter submitted indicated that this area was
intended to be open space and Conrad said no the lots were
ever designated as parkland or open space in the Three Mile
Views subdivision. Jentz reviewed the location of parkland
that would serve this subdivision for the board.
Clark asked if the city would consider access onto Three
Mile Drive and Jentz said when the entire subdivision was
developed the Public Works Department and MDT agreed no
access would be approved onto Three Mile Drive only the
internal street.
Griffin noted No Name Road accesses onto Three Mile Drive
and Jentz said No Name Road serves as the driveway for 4
lots that are still in the county and has been there more
than 25 years. He added at one time this area was at the
edge of the city and now the city extends 1-1/2 miles
beyond this point.
PUBLIC HEARING Greg Husby, 59 Sunset Court, Kalispell stated he lives 3
doors down from this proposal. Husby said when he was
first told that townhouses would be built down the street
Kalispell City Planning Board
Minutes of the meeting of April 14, 2009
Page 4 of 7
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
April 28, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Neil Bertelsen - Annexation and Initial Zoning of B-2/PUD (General
Business/Planned Unit Development Placeholder)
Dear Myrt:
The Kalispell City Planning Board met on April 14, 2009 and held a public hearing to
consider a request for initial zoning of B-2, General Business, with a PUD placeholder on
four lots totaling approximately 2.48 acres in size. The property is located on the west
side of Highway 93 approximately 300 feet west of the intersection of Highway 93 and
Cemetery Road. The property is developed with a single-family residence with the address
of 135 Cemetery Road with the property extending between Cemetery Road and Welf Lane.
The 2.48 acre site includes the following assessor's tract numbers: 11 FAA, 11 KA, 11 K,
11 W, 11 S, 11J, l l H, 11 V and is located in the NE 1/4 of Section 29, Township 28 North,
Range 21 West.
Sean Conrad, of the Kalispell Planning Department, presented staff report #KA-09-01
providing details of the proposal and the evaluation. He reported that the proposed B-
2/PUD zoning district was generally 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 with the PUD based on this and other facts determined in the findings of fact report.
The PUD overlay zoning districts would be approved as a PUD placeholder at this point
requiring additional information, as required under the PUD provisions of the zoning
ordinance, when the land is developed.
At the public hearing Debbie Shoemaker of Marquardt/Marquardt Surveying, spoke in
favor of the proposed annexation and 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/PUD 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, with a PUD, Planned Unit
Development, placeholder for the property upon annexation to the City of Kalispell. The
vote was unanimous.
Please schedule this matter for the May 4, 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
r
John Hinchey
Vice -President
Attachments: Letter of transmittal
Staff Report #KA-09-01 and supporting documents
Draft minutes from the 4/ 14/09 planning board meeting
Petition to Withdrawal from Rural Fire District
Neil Bertelsen Cost of Services Analysis and Memo
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Neil Bertelsen
217 Spring Creek Road
Kalispell, MT 59901
Marquardt and Marquardt Surveying, Inc.
201 Third Avenue West
Kalispell, MT 59901
NEIL M. BERTELSEN
REQUEST FOR INITIAL ZONING OF B-2/PUD UPON ANNEXATION
STAFF REPORT #KA-09-01
KALISPELL PLANNING DEPARTMENT
APRIL 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) with a planned unit development
(PUD) placeholder upon annexation to the city for property located on the west side of
Highway 93 between Cemetery Road and Welf Lane. A public hearing has been
scheduled before the planning board for April 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/PUD.
A. Petitioner and Owners: Neil Bertelsen
217 Spring Creek Road
Kalispell, MT 59901
(406) 257-3164
Technical Assistance: Marquardt and Marquardt Surveying, Inc.
201 Third Avenue West
Kalispell, MT 59901
(406) 755-6285
B. Location and Legal Description of Property: The 2.48 acre project site is
located on the west side of Highway 93 approximately 300 feet west of the
intersection of Highway 93 and Cemetery Road. The property is developed with
a single-family residence with the address of 135 Cemetery Road with the
property extending between Cemetery Road and Welf Lane. The 2.48 acre site
includes the following assessor's tract numbers: 11 FAA, 11 KA, 11 K, 11 W, 11 S,
I IJ, 11H, I IV and is located in the NE 1/4 of Section 29, Township 28 North,
Range 21 West.
C. Existing zoning: The 2.48 acre site is currently zoned R-5 under the Flathead
County zoning regulations. The R-5 zoning district is a residential district with
minimum lot areas (5,400 square feet), with both single family homes and
duplexes permitted in this district. Commercial development requires a
conditional use permit and includes such uses as beauty salons, day care
centers and mini storage units. All development within the district requires
public utilities.
D. Proposed Zoning: The B-2, General Business, zoning district is proposed for the
entire 2.48 acre site. 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 Planned Unit Development (PUD) placeholder is also proposed to be placed
over the entire project site in conjunction with the B-2 zoning district. Because
the project site is located at a prominent intersection along Highway 93, the
planning department recommended the owner include the PUD placeholder on
his property in conjunction with the B-2 zoning.
The intent of the PUD placeholder is to allow the owner or future developer to
enter into a development agreement with the city, binding the property to a
future PUD application. The PUD placeholder does not require the developer to
provide any application materials or development plans and the developer does
not receive any entitlements other than a commitment between the city and the
developer that if development is to proceed it will be done via the PUD process.
Prior to development of the individual properties, the developer would submit
for review and approval a full PUD application as required by the zoning
ordinance. The full PUD application would be reviewed by staff and
recommendation made to the planning board and city council. The purpose for
the PUD is to provide a coordinated design with existing development,
incorporate good access design at this critical intersection, future development
does not negatively impact the airport to the north and that any development is
attractive because of its prominent location on an entrance corridor to south
Kalispell.
E. Size: The area proposed for annexation and zoning encompasses approximately
2.48 acres.
F. Existing Land Use: The majority of the 2.48 acre site is unimproved. There is
an existing house on the southern portion of the project site with access off of
Cemetery Road. There are several other smaller sheds and outbuildings
scattered around the property.
Figure 1: An aerial photo of the project site and surrounding area.
BERTELSON PROPOSED ANNEXATION VICINITY MAP
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G. Adjacent Land Uses and Zoning: Adjacent land uses are a mix of commercial
and residential uses. Commercial uses in the immediate area include a gas
station and car dealership.
North: Residential and commercial, County R-5 (Two -Family Residential)
West: Residential, County R-5
South: Commercial and pasture land, City B-2 and B-2/PUD
East: Commercial and undeveloped property, City B-2 and B-5/PUD,
County R-1
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 is a mix of commercial uses and residential homes.
South of the project site, on the south side of Cemetery Road, the city recently
annexed a 207 acre property that is currently undeveloped.
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 from Cemetery Road south to the Old School Station
subdivision. These lines have been oversized to serve the anticipated 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 reauested zone comely with the Kalispell Growth Policv?
The properties are 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 owner requested the B-2
(General Business) zoning district upon annexation. 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 the 2.48 acre site B-2 upon annexation the owner is also
requesting the Planned Unit Development (PUD) placeholder is included in the
zoning. The PUD placeholder will allow the developer to enter into a
development agreement with the city, binding the property to a future PUD
application at the time actual development is proposed. The PUD placeholder
will be beneficial to both the current or future developers and the city as it
would take into account the development of existing or future development
plans in the area and insure future development on this site is attractive from
Highway 93.
The PUD placeholder does not require the owner to provide any application
materials or development plans at this time. The owner does not receive any
entitlements other than a commitment between the city and the property owner
that if development is to proceed it will be done via the PUD process. Prior to
development of the individual properties, the owner would submit for review
and approval a full PUD application as required by the zoning ordinance.
In conclusion, the proposed B-2/PUD zoning district is consistent with the
commercial land use designation shown on the Kalispell Growth Policy Future
Land Use Map and the Kalispell Growth Policy.
2. Is the requested zone designed to lessen congestion in the streets?
The uses allowed under the proposed B-2 zoning district may generate more
traffic than those allowed under the existing R-5 county zoning. This is
because the proposed B-2 zoning includes residential development in addition
to small and large scale commercial retail.
------- - 'The -B--2-zoning- district- depends- on -the -proximity-to-major--streets-and-arterials. --- --
Cemetery Road, located on the south side of the project site, is designated a
minor arterial in the Kalispell Growth Policy, chapter 10, Transportation.
Highway 93, approximately 300 feet to the east of the project site is designated
a major arterial in the Kalispell Growth Policy.
Highway 93 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. By placing the PUD placeholder over the
property the city council will have the authority to review and require upgrades
to Cemetery Road to handle increased traffic due to the new development on the
project site. Development may also be limited to access off of Cemetery Road
only in order to minimize development impacts to Welf Lane.
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.
4
4. Will the requested zone promote the health and general welfare?
The requested zoning classification 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 provide a place for new residential and/or commercial business
uses to locate within 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 property would be limited by
both the development standards associated with the B-2 zoning district and the
types of uses permitted under the zoning. The PUD placeholder will ensure that
the uses and layout of properties included in the annexation will not cause an
overcrowding of land. Commercial development in this area is appropriate
because of its location 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. In addition, the PUD process will
help mitigate any impacts associated with Cemetery Road, Welf Lane and
Highway 93 as well as the surrounding residential development.
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
either Cemetery Road or Welf Lane. There are no sidewalks or bike paths along
the Cemetery Road or Welf Lane. This will make pedestrian or bicycle travel
difficult and require future development on the project site to install bike or
pedestrian paths along Cemetery Road and Welf Lane to connect with existing
pedestrian/bike paths in the area. Utility connections and transportation
corridors would be addressed when development is proposed on the property.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The 2.48 acre project site is fairly level, not within any floodplain areas and no
mapped streams or wetlands are present. The proposed B-2 zoning district is
consistent with the surrounding land uses to the east and south and gives due
consideration of the suitability of this property for the permitted uses in the
district. The property is suitable for commercial land uses as indicated by the
Growth Policy.
10. Does the requested zone give reasonable consideration to the character of the
district?
The property is located off of Cemetery Road and is adjacent to the US Highway
93 South right-of-way. City B-2 zoning exists immediately south and east of the
site. Although residential homes are immediately north and west of the project
site, the city's growth policy map has designated this area as appropriate for
commercial land uses. This is due to the sites proximity to US Highway 93 and
the fact that the intersection of Highway 93 and Cemetery Road will see
increased traffic in the future. More intensive traffic at the intersection of
Cemetery Road and US Highway 93 would not be ideal for residential land uses.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the B-2 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 and residential development should be encouraged in areas where
services and facilities are available to support these types of uses permitted or
conditionally permitted under the B-2 zoning district. The proposed zoning and
potential subsequent uses would be consistent with the surrounding land uses in
the area. When development occurs, construction standards outlined and
required in the city's building codes and subsequent PUD review will help to
enhance one of Kalispell's most used gateway entrance corridors.
RECObIhMNDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-09-01 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for the properties upon annexation be B-2/PUD (General
Business/Planned Unit Development).
PLANNINri FOR. THE Furu
Planning Department
201 1"Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
wNriv.kalispell.com/,planninty
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: Neil M. Bertelsen
MAILADDRESS: 217 Spring Creek Rd.
CITY/STATE/ZIP: K a l i S D e l l. MT 5990
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PHONE:257-3164
PARTIES OF INTEREST: Marquardt & Marquardt Surveying, Inc
MAILADDRESS: 201-3rd Ave West
CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 7 5 5- 6 2 8 5
INTEREST IN PROPERTY: S u r v e v o r
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 120, 121, 135 Cemetery Rd
Legal Description: Tracts 11FAA, 11KA, 11K, 11W, 11S, 11J, 11H, 11V
(Lot and Block of Subdivision; Tract #)
Section 29, Township 28 North, Range 21 West
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 2.48
Current estimated market value(` at 50% build out unknown
at100%build out unknown
The present zoning of the above property is: West -side t- 5
The proposed zoning of the above property is: B - 2 ; ; �; ��� a�
State the changed or changing conditions that make the proposed amendment necessary:
This property is adjacent to the Kalispell City Limits and
municipal services are available. This area is also becoming
more commercial and this nronerty is located at the intersection
of Highway 93 and Cemetery Road.
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) (Dat
1
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.
The 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 l Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; a d 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.
Yeti 4oner/Owner Date
Petitia er/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 5 day of ru cA r ,� , before me, the undersigned, a Notary Public for
the State of Montana, personally alyeared. known
to me to be'the person whose name is subscribed to the foregoingGstrument and acknowledged
to me than he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate f ritten.
SHO
��E.........
' Notary Public, State of Montana
oNOTAR/,q 9m Printed NameIrv\Ce S�Nc-c ry-, Omo
Z Residing at
`• SEAL My Commission ex ires:
STATE OF MON A .A ) Q
County of Flathead
On this day of .c 1, before me, the undersigned, a Notary Public for
the State of Montana, personally ap red \\�"- a, known
to me to be the erson whose name is subscribe oL t�oregoing instrument and acknowledged
to me that h 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 PublicState of Montana
Printed Name
Residing at.�!
My Commission exp es:- �- \i
LEGAL DESCRIPTION
Bertelsen Annexation
Community Residential Facility
Four tracts of land in the Northeast Quarter of the Northeast Quarter
(NE 1/4NE1/4) of Section Twenty-nine (29), Township Twenty-eight (28) North,
Range Twenty-one (21) West, P.M.M., Flathead County, Montana further
described as follows:
PARCEL 1: Commencing at the Southwest corner of the said NE 1 / 4NE1 / 4;
thence Northerly, a distance of 30 feet to the North boundary of the county
road; thence East, along the said North boundary of the county road, a
distance of 690 feet to the Point of Beginning; thence continuing East, along
said county road, a distance of 192 feet; thence North 297 feet; thence
Westerly, parallel with the South boundary of the NE 1 / 4NE1 / 4, 192 feet;
thence South 297 feet to the Point of Beginning.
PARCEL 2: Starting from the Southwest corner of said 40 acre subdivision;
thence Northerly, along the West line of said subdivision, a distance of 30 feet;
thence Easterly on a line parallel to the South boundary of said subdivision, a
distance of 530 feet to the True Point of Beginning; thence North 165 feet;
thence West 12 feet; thence North 132 feet; thence East 172 feet; thence South
297 feet; thence West 162 feet to the Place of Beginning.
PARCEL 3: Beginning at the Southwest corner of the NE 1 / 4NE 1 / 4 of Section
29, Township 28 North, Range 21 West, P.M.M.; thence Northerly, along a line
of said subdivision, a distance of 30 feet; thence Easterly, along a line of said
subdivision, a distance of 472 feet to the Place of Beginning; thence North, a
distance of 165 feet; thence East 58 feet; thence South, a distance of 165 feet;
thence West, along the line of said subdivision, a distance of 58 feet to the
Place of Beginning.
PARCEL 4: Beginning at the Southwest corner of NEl/4NE1/4, Section 29,
Township 28 North, Range 21 West, P.M.M.; thence North, along the West
boundary of said subdivision, a distance of 195 feet; thence East, a distance of
512 feet to the Place of Beginning; thence North, a distance of 132 feet; thence
East, a distance of 6 feet; thence South, a distance of 132 feet; thence West, a
distance of 6 feet to the Place of Beginning.
11D 5MA 5M
County
B-2 11EB 5AB
County qq SHEFFERD LN B-2 5MBA
s — 5J 5MC 5M
U_
1-2 5BAA
5BAB
5 LA 5K
2A I Q
z 11L
12AA w WELLFJI :N
EL
0 LL
<
Lm lic (P 5L 5K
X N 11FB
113
$2 < co AAf_
11T 5E
5C
5K
5
5A County
0H y
1-1 H 1F E-1
L
5D
U 1B
1 c
4
1A
VICINITY MAP SCALE 1" = 300'
NEIL M. BERTELSEN
REQUEST FOR ANNEXATION & INITIAL ZONING OF B-2 (GENERAL BUSINESS)
FROM COUNTY R-5 (TWO—FAMILY RESIDENTIAL) WITH A PLANNED UNIT
DEVELOPMENT (PUD) PLACEHOLDER ON APPROX 2.48 ACRES
PLOT DATE 2/10/09
FILE KA-09-01 H:\gis\site\ka09-01 Bertelsen.dwg
APPLICANT: Neil M. Bertelsen Annexation
FILE NO: KA-09-01
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.
4 ,
Date:
S-T-R: 29-28-21
Tract/Lot: 11FAA, 11KA, 11K, 11W, 115, 11J, 11H, 11V
Property Owners:
Neil M. Bertelsen
217 Spring Creek Road
Kalispell, MT 59901
Marquardt & Marquardt Surveying, Inc.
201 3rd Avenue West
Kalispell, MT 59901
AND ATTACHED LIST
Neil & Phyllis Bertelsen Fml Tr Marquardt & Marquardt
y y eying, Inc. Todd & Davar Gardner
Surveying, 217 Spring Creek Road Su ey3rd Avenue West AD% James Ramlow
Kalispell, MT 59901 Kalispell, MT 59901 P.O. Box 958
Kalispell, MT 59903
Patricia Sanders, Etal
Siderius Family Ltd Partnership
PIG Investments, LLLP
Montana Commerce, LLC
161 Oxbow Trail
9861 Highway 1804 North
600 South Main
Kalispell, MT 59901
Bismark, ND 58503
Butte, MT 59701
Ernest & Lori Martinez
Dudley & Laurie Marburger
Fred & Donna Earley
27 Lower Valley Road
98 Dern Road
P.O. Box 538
Kalispell, MT 59901
Kalispell, MT 59901
Somers, MT 59932
Donald & Mary Kaufman
Terry & Pamela Eaton
Haroldeen Witty
137 Welf Lane
105 Welf Lane
717 Trabing Road
Kalispell, MT 59901
Kalispell, MT 59901
Buffalo, WY 82834
Karen Vanderkolk
Lawrence & Vivian Peterson
John & Jane Stutzman
P.O. Box 3231
141 Cemetery Road
106 Shefferd Lane
Kalispell, MT 59903
Kalispell, MT 59901
Kalispell, MT 59901
Alan A. Avery
Tim R. Matdies
Laura Gardner
2858 US Highway 93 South
P.O. Box 161
Edward & Florence Wells
Kalispell, MT 59901
Kalispell, MT 59903
146 Shefferd Lane
Kalispell, MT 59901
Jeffrey & Mary Roper
D. Carlene Moore
Myers Realty, Inc.
313 Fox Hollow Road
1555 Willow Glen Drive
P.O. Box 469
Kalispell, MT 59901
Kalispell, MT 59901
Bigfork, MT 59911
Eric Russell
MDT
Flathead County
33090 Iolite Street
P.O. Box 201001
Attn: County Commissioners
Menifee, CA 92584
Helena, MT 59620
800 South Main Street
Kalispell, MT 59901
Planning Department
201 1" Avenue East
Kalispell, Na 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kalispell.com/pla - a
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 HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
April 14, 2009
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, April 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 recommendations to the Kalispell City Council who will take final action.
A request from Neil Bertelsen to annex 2.48 acres and zone the land B-2 (General
Business) with a Planned Unit Development (PUD) placeholder zoning district over the
entire site upon annexation. The 2.48 acre site is located approximately 500 feet west
of the intersection of Highway 93 South and Cemetery Road. The property is
developed with a single-family residence with the address of 135 Cemetery Road. The
2.48 acre site includes the following assessor's tract numbers: 11FAA, 11KA, I lK,
11W, 115, 11J, 11H, I1V and is located in the NE 1/4 of Section 29, Township 28 North,
Range 21 West.
2. A request from Steven Maw for a conditional use permit to construct a 4-plex on a
12,500 square foot lot zoned RA-1 (Low Density Residential Apartment). The property
is located on the south side of Vista Loop and can be legally described as lot 9 of the
Three Mile Views subdivision located in the S 1/2 of Section 1, Township 28 North,
Range 22 West.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours. In addition information on each agenda item is posted on
our website at www.kalispell.com/planning under "Planning Board Projects".
-qqww
LEGAL. NoTicEs
No. 14202
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING COM-
MISSION
April 14, 2009
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, April
14, 2009 beginning at
7.00 p.m. in the Kalis-
pell City Council Cham-
bers, Kalispell City Hall,
201 First Avenue East,
Kalispell. The planning
board will hold a public
hearing and take public
comments on the follow-
ing agenda items. The
Board will make recom-
mendations to the Kalis-
pell City Council who
will take final action.
Documents pertaining
to the agenda items are,
on file for public inspec-
tion at the Kalispell
Planning, Department,
201 First Avenue East,.
Kalispell, MT 5990"1,
and are available for
public review during.
regular" office hours. "In -
addition, information on
each, agenda item.' is
posted.on our website:
a „ t
www.kalispell.com/plan-
ning under"Planning'
Board Prolecis:
Interested. persons are
encouraged,to: attend.
the hearing and make
their, views and. con-
cerns known Ito the
Board. Written. com-
ments may be submit-
ted to the: Kalispell Plan-
ning. Department at the
above address, prior to:
the date of the hearing,.
or you may call us at
(406) 758-7940, or
us'atplanning@ka
lispell.com for additional
information.. . .
1. A request from Neil
Bertelsen to annex 2.48
acres and zone the land
B-2 (General Business)
with a Planned Unit De-
velopment (PUD) place -
holder zoning district
over the entire site upon
annexation. The 2.48-
acre site is located ap-
proximately 500 feet
west of the intersection
of Highway 93 South
and Cemetery Road.
The property is devel-
oped with a single-fami-
ly residence with the ad-
dress of 135 Cemetery
Road. The 2.48-acre
site includes the follow-
ing assessor's tract
numbers: 11 FAA, 11 KA,
11K, 11W, 11S, 11J,
11 H, 11 V and is located
in the NE 1/4 of Section
29, Township 28 North,
Range 21 West.
2. A request from Ste-
ven Maw for a condi-
tional use permit to con-
struct a 4-plex on a
12,500 square foot lot
zoned RA-1 (Low Den-
sity Residential Apart-
ment). The property is
located on the south
side of Vista Loop and
can be legally described
as lot 9 of the Three
Mile Views subdivision
located in the S 1/2 of
Section 1, Township 28
North, Range 22 West.
/s/ Thomas R. Jentz
Thomas R. Jentz..,
Planning: & Building,
Director
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULA T ION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO. 14202
LEGAL ADVERTISMENT WAS PRINTED AND
March 29; 2009 PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of March 29, 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
Before me this March 30, 2009
Dorothy G
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2009