2. Ordinance 1650 - Zoning with PUD Placeholder - Gardner Investments, LLC - 2nd ReadingREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT Second Reading: Gardner Investments, LLC - Initial Zoning of 13-
5/PUD (Industrial-Commercial/Planned Unit Development) upon
annexation
MEETING DATE: December 1, 2008
BACKGROUND: This is the second reading on a request for an initial zoning of B-5/PUD on
nine tracts of land totaling 81.59± acres in size. The properties are located on the east side of
Highway 93 South. The 9 tracts of land are not contiguous and are located between the
intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane. There
are four existing businesses located on two separate tracts included in the annexation
request. The Gardner's Auction Service, Rock City, and Janitor's World are located on tract 6.
Northwestern Truss, 3215 Highway 93, is located on tract 7C. The 9 tracts of land can be
described as follows: tracts 1, 1F, 6, 6I, and lots 1 and 2 of the Mergenthaler Subdivision are
located in Section 28, Township 28 North, Range 21 West; tract 7C and lots 4 and 5 of the
Lost Creek Subdivision are located in Section 33, Township 28 North, Range 21 West P.M.M.,
Flathead County, Montana.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of November 17, 2008.
RECOMMENDATION: A motion to approve the second reading of the ordinance for initial
zoning would be in order
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully sub tted,
�r5
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Sean Conrad M3 A Webb
Senior Planner Interim City Manager
Report compiled: November 25, 2008
c: Theresa White, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1650
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS 1,1F, 6,61 AND
LOTS 1 AND 2 OF THE MERGENTHALER SUBDIVISION LOCATED IN SECTION 28,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
AND TRACT 7C AND LOTS 4 AND 5 OF THE LOST CREEK SUBDIVISION LOCATED
IN SECTION 33, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, (PREVIOUSLY ZONED COUNTY 1-1 H (LIGHT INDUSTRIAL -
HIGHWAY)) TO CITY B-5 (INDUSTRIAL/COMMERCIAL) WITH A PLANNED UNIT
DEVELOPMENT PLACEHOLDER IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Gardner Investments, LLC, the owners of the properties described above, petitioned
the City of Kalispell that the zoning classification attached to the above described
tracts of land be zoned B-5, Industrial/Commercial, with a Planned Unit
Development placeholder, on approximately 81.59 acres of land, and
WHEREAS, the properties are located on the east side of Highway 93 south between the
intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline
Lane, and
WHEREAS, the petition of Gardner Investments, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-08-05, in which the Kalispell
Planning Department evaluated the petition and recommended that the properties as
described above be zoned B-5, Industrial/Commercial with a Planned Unit
Development placeholder, pursuant to Kalispell City Code 72.21.030(2)(b), and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on October 14,
2008, and recommended that the zoning be City B-5, Industrial/Commercial with a
Planned Unit Development placeholder, pursuant to Kalispell City Code
72.21.030(2)(b), and
WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as
described B-5, Industrial/Commercial, with a Planned Unit Development
placeholder, 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-08-05.
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
properties described above as B-5, Industrial/Commercial with a Planned
Unit Development placeholder on approximately 81.59 acres of land.
SECTION II. Further development upon the subject property will require a Planned Unit
Development application and a developer's agreement with the City of
Kalispell.
SECTION III. 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 IV. This Ordinance 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 1ST DAY OF DECEMBER, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Planning Department
201 15t Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plann"n�
November 5, 2008
Gardner Investments, LLC
Attn: Davar Gardner
P.O. Box 958
Kalispell, MT 59903 -0958
RE: Fire requirements for Tract 7C and Lot 5 of the Lost Creek Subdivision upon
annexation
Dear Mr. Gardner:
This morning Dan Diehl, Kalispell Fire Chief, and D.C. Haas, Kalispell Fire
Marshal, met with you to discuss fire related concerns for buildings located on
Tract 7C and Lot 5 of the Lost Creek Subdivision. If annexed, the fire department
will provide the fire suppression for these buildings however, no fire hydrants serve
either of the properties. It was agreed that for the small office located on Lot 5 of
the Lost Creek Subdivision the power would be cut to the building within the next
week. For the existing truss company on Tract 7C, it was agreed that annexation
could occur but a fire hydrant would be installed by you at a location approved by
the Kalispell Fire Department no later than June 1, 2009.
If you have any questions please contact me at 758-7940 or by email at
sconrad@kalispell.com.
Sincerely,
CS
Sean Conrad
Senior Planner
c: Kalispell Fire Department