The URL can be used to link to this page

3. Presentation - Annexation and Zoning - Wayne GrilleyPLANNING FOR THE FUrURI MONT"A REPORT To; Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II James H. Patrick, City Manager Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 755-7940 Fax: (446) 758 -7739 www.kalispell.com/planning SUBJECT Wayne Grilley - Annexation and Initial Zoning of B-2, General Commercial MEETING DATE: May 19, 2008 BACKGROUND: The Kalispell City Planning Board met on. April S, 2005 and held a public hearing to consider a request for annexation and initial zoning of B-2, General Business, on two lots approximately one acre in size. The property is located on the east side of Willow Glen Drive across from Glacier Toyota and just north of the intersection with US :Highway 93 South. The property address is 1531 Willow Glen Drive and can be legally described as tracts 5AA and 5G located in. Section 28, Township 28 North., Range 21 west,, P.M.M., Flathead County, Montana. Nicole C. Johnson, of the Kalispell Planning Department, presented staff report #KA-08-01 providing details of the proposal and the evaluation. She reported that the proposed B--2 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 based on this and other facts determined in the findings of fact report. At the public hearing, Mr. Brian wood, spoke in favor of the proposed annexation and initial zoning on behalf of the owner. No other persons made public comments or were present to do so. The board briefly discussed the proposal and one member asked about the location of crater and sewer services. Following this question and answer session, the board approved the requested initial zoning of B--2, General Business, 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 would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Nicole C. Jo n Planner II Report compiled: May 12, 2008 Attachments: Fetter of transmittal ames H. Patrick City Manager Staff Report #KA-OS-O 1 and supporting documents Draft minutes from the 4/8/08 planning board meeting Petition to Withdrawal from Rural Fire District Wayne Grilley cost of services analysis and memo c: Theresa White pr.AtvrrING FOR THE FvrvRE MONT"A 1.J REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin2 SUBJECT: Cost of Services Analysis - Wayne Grilley Commercial Annexation MEETING BATE: May 19, 2008 BACKGROUND,* This is a cost of services analysis for a one acre property located on the east side of Willow Glen Drive just south of the intersection with. US Highway 93 South. The current property address is 1531 willow Glen. Drive and can legally be described as tracts 5AA and 5G located in Section 28, Township 28 North, Range 21 west, P. M. Nl. , Flathead County, Montana. 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. Because the property is vacant and no development plans have been disclosed, the cost of services analysis has been generated using a recent development on a similar sized lot as an example -Glacier Quilts at the Hutton Ranch Plaza (12 5 Hutton Ranch Road). The vacant land value of the property is estimated to be $125,000. If the property owner put $500,000 of improvements on the lot making the property worth $625,000, the property would provide approximately $2,759 in revenue to the city per annum. A one time impact fee could be expected to be around $21,322. 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 $3,180. Approximately $5,939 will be generated from assessments and taxes and a one time impact fee for water, sever, stormwater, police and fire is estimated to be $21,322. Based on these estimated figures, the net revenue to the city would be approximately $2,759. Again, these figures represent the theoretical development at the final build -out stage. Please refer to Exhibit A for more details. Respectfully submitted, Nicole C. Johnson Planner II Analysis compiled: May 12, 2003 Attachments: Exhibit A - Cost of Services Analysis for the Wayne Grilley property c: Theresa white, Kalispell City Clerk Wayne Grilley - Retail Example COST OF SERFVCCES ANALYSIS (COMMERCIAL LAND 90 % COVERED) May 12, 2008 PROJECT DETAILS Number of acres proposed to be annexed: Number of commercial units: Average square foot per lot: Assessed value per property: 1. C...... ................... -OST OF SERVICES Costs based on commercial acres 0.97 Fire: $912 Police: $11165 Administration: $138 Solid Waste: $0 Costs per dwelling unit or Equivalent Residential Unit (ERU): l Roads: $426 Water: $198 Sewer: $108 Wastewater Treatment: $167 Stormwater: $66 TOTAL ANTICIPATED COST OF SERVICE = $33180 2. ANTICIPATED REVENUE GENERATED Assessments based on average square foot per lot: 42, 253 Storm sewer assessment: $109 Street maintenance assessment: $469 Urban forestry assessment: $57 Light maintenance assessment: $127 Special assessment: $0 Sewer and water bill $11997 TOTAL ANTICIPATED REVENUE = $2J59 3. TAX REVENUE Assessed value per property: $625, 000 Total assessed Value: $625,000 Total taxable Value: $197188 Total additional revenue based on 170 mill levy: $37125 TOTAL ESTIMATED TAX REVENUE $3,125 4. IMPACT FEES Sewer impact fee: $27674 Water system impact fee: $10, 775 Stormwater impact fee $6, 355 Police impact fee $78 Fire impact fee $1,440 - - -- ------------- -TOTAL ESTIMATED IMPACT FEE = ......... ---------- - -- - - -- -------------- . ........... .. .... ...$217322. . ......... .... ... .... .. . . 0x V ■ 1 4Z 253 $625, 000 SUMMARY . TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $57939 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $219322 7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 AND 3 - ITEM 5) $27759 K.ALISPELL CI'T'Y PLANNING BOARD & ZONING CC3MMISSION MINUTES OF REGULAR MEETING APRIL 8, 2008 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: John. Ilinchey, Robyn Balcom, Rick Hull, Jim Williamson. and. C.M. (Butch) Clark. Sean Conrad and Nicole Johnson represented the Kalispell Planning Department. There were approximately 2 people in the audience. APPROVAL OF MINUTES Balcom moved. and Williamson seconded a motion to approve the minutes of the March 11, 2008 Kalispell City Planning Board meeting. ROLL CALL The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. HOSTETLER ZONE A request from Joshua Hostetler for a zone change from City CHANGE FROM I-1 (LIGHT I-1 (Light Industrial) to City B--2 (General Business) for one INDUSTRIAL) TO B- 2 lot located on the east side of North Meridian Road (GENERAL BUSINESS) approximately 500 feet south of the intersection of North. Meridian Road and US Highway 2 West. The lot is approximately 13,900 square feet and is addressed as 173 North Meridian Road. The lot can be legally described as Lot 1 of the Walter Addition. Amended Lot 2 and Lot 2 of the Amended Lot 1 of the Amended Meridian Complex located in Section 7, Township 28 North, Range 21 West, P.M.M. , Flathead County, Montana. STAFF REPORT KZC-08-01 Sean Conrad, representing the Kalispell City Planning Department reviewed staff report KZC--08 -01 for the board. Conrad said before the planning board tonight is a zone change request on a small property approximately 14,000 square feet in size off of Meridian Road that is currently zoned I-1 light industrial. The owner is requesting B-2, general business zoning which is consistent with the city's growth policy land use designation. Conrad reviewed the project site and surrounding land uses for the board. The property owner intends to convert the current car wash to parking and add a second story for professional offices. Conrad added that professional offices are not permitted or conditionally permitted in the I-1 district which is why the request for the B-2 is before the board. Staff recommends that the Kalispell City Planning Board. and Zoning Commission adopt staff` report KZC-08-01 as findings of fact and recommend to the Kalispell City Council that the zoning for this property be changed to B--2, General Business, Kalispell City Planning Board Minutes of the meeting of April 8, 2008 Page 1 of 4 zoning district. There was discussion regarding a wholly surrounded piece of county property near this site. Conrad noted that the current property owner of the county tract intends to annex into the city and either sell the property or redevelop it in the future. APPLICANT/ CONSULTANTS None. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Clark moved and Balcom seconded a motion to adopt staff report KZC-08-01 as findings of fact and recommend to the Kalispell City Council that the zoning for this property be changed to B-2, General Business zoning. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. GRILLEY ANNEXATION A request from Wayne Grilley for annexation and initial zoning of B-2 (General Business) for two lots located on the east side of willow Glen Drive across from Glacier Toyota and just north of the intersection with. US :highway 93 South. The two lots equal 0.97 of an acre and are zoned in Flathead County as R-1 (Suburban Residential) . The property address is 1531 Willow Glen Drive and can be legally described as tracts 5AA and 5G located in. Section 28, Township 23 North, Range 21 west, P.M.M. , Flathead County, Montana. STAFF REPORT KA-08-01 Nicole Johnson, representing the Kalispell Planning Department reviewed staff report KA-08-01 for the Board. Johnson noted that this is a simple request for annexation and zoning. The property is located along willow Glen Drive and is currently zoned in the County as rural residential and is immediately adjacent to city B-2 . Johnson reviewed the site and surrounding land uses. She noted there are 2 existing buildings which will be removed from the site to reduce the fire risk as no water currently connects to this property. Johnson stated the B-2 zoning conforms to the growth policy land use designation. Staff is recommending that the Kalispell City Planning Board and zoning Commission adopt staff report KA-08-01 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation. by B-2 General Business. Clark asked where the water and sewer is located and Johnson responded. Clark asked the applicant where they plan to connect to the utilities and Wayne said it appears he will have to connect at the Four Corners intersection.. Kalispell City Planning Board Minutes of the meeting of April 8, 2008 Page 2 of 4 AGENCIES APPLICANT Brian wood, Cache Creek Consulting said it was a pleasure to work with staff and thanked them for their assistance. Wood added staffs presentation and report covered everything but they are available if the board has any questions. wood said they feel this is an opportunity to connect to city services which will provide additional options for development. The current county zoning would limit the owner to a single family home on the site. Hull asked what plans they have for the property and Wood said it hasn't been decided. Hinchey noted that the B-2 zoning is appropriate for this parcel. PUBLIC BEARING No one else wished to speak and the public hearing was closed. MOTION Clark moved and Balcom seconded a motion to adopt staff report KA-08--01 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation by B- 2 General Business. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. GILD BUSINESS: None. NEW BUSINESS: Jentz noted the next regular meeting agenda will include an amendment to the sign regulations relating to non- conforming signs, and amendments to the planned unit development regulations. Jentz reminded the board that Bryan Schutt, John Hinchey, and Robyn Balcorn's terms are expiring April 30th and he encouraged there to reapply. ADJOURNMENT The meeting adjourned at approximately 7:20 p.m. WORD SESSION: Immediately following the regular meeting a work session was held on the following items: 1. Planned Unit Development Amendments - zoning Ordinance 2. Kalispell West Growth Policy Amendment NEXT MEETING The next regular meeting of the Kalispell City Planning Board and zoning Commission is scheduled for May 13, 2003, at 7:00 p.m. in the new Kalispell City Council Chambers located at 201 First Avenue East. Kalispell City Planning Board Minutes of the meeting of April 8, 2008 Page 3 of 4 The next work 2008, at 7:00 Kalispell City Avenue Fast. 1 s 1 Bryan Schutt for John Hinchey T Vice President APPROVED as submitted: 04/08/08 session is scheduled for Tuesday, May 13, p.m. after the regular meeting in the new Council Chambers located at 201 First Zs/ Michelle Anderson Michelle Anderson Recording Secretary Kalispell City Punning Board Minutes of the meeting of April 8, 2048 Page 4 of 4 MONT"A May 12, 2008 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758--7940 Fax: (406) 758-7739 www.kalis ell.eon!�lane n Re: Wayne Grilley -- Annexation and Initial zoning of B-2, General Commercial Dear Jim: The Kalispell City Planning Board met on April S, 2008 and held a public hearing to consider a request for annexation and initial zoning of B�-2 , General Business, on taro lots approximately one acre in size. The property is located on the east side of willow Glen. Drive across from Glacier Toyota and just north of the intersection with US Highway 93 South. The property address is 1531 Willow Glen. Drive and can be legally described as tracts SAA and 5G located in section 28, Township 28 North, Mange 21 West, P.M.M. , Flathead County, Montana. Nicole C. Johnson, of the Kalispell Planning Department, presented staff report #KA.--08-01 providing details of the proposal and the evaluation. She reported that the proposed B-2 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 based on this and other facts determined in the findings of fact report. At the public hearing, Mr. Brian Wood, spoke in favor of the proposed annexation and initial zoning on behalf of the owner. No other persons made public comments or were present to do so. The board briefly discussed the proposal and one member asked about the location of water and sewer services. Following this question and answer session, the board approved the requested initial zoning of B-2, General Business, for the property upon annexation to the City of Kalispell. The vote was unanimous. Please schedule this matter for the May 19, 2008 regular city council meeting. You may contact this board or Nicole C. Johnson 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-08-01 and supporting documents Draft minutes from the 4/8/08 planning board meeting Petition to Withdrawal from Rural Fire District Wayne Grilley Cost of Services Analysis and Memo c w/ Att: Theresa white, Kalispell City Clerk c w/o Att: Wayne Grilley, 235 Segiah way, P.C. Box 5449, Kalispell, MT 59901 Brian. wood, Cache Creek Consulting, 10 Oregon Avenue, whitefish, MT 59937 WAYNE GRILLEY REQUEST FOR INITIAL ZONING OF B-2 UPON ANNEXATION STAFF REPORT #KA-08-01 KALISPELL PLANNING DEPARTMENT APRIL 1, 2008 This is a report for the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of B-2 upon annexation to the city for a property located on the southern end of Kalispell along willow Glen Drive near the intersection with US Highway 93 South.. A public bearing has been scheduled before the planning board for April S, 2008 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, General Business. A. Petitioner and owners: Wayne Grilley 235 Segiah Way P.O. Box 5449 Kalispell, Montana 59901 (406) 250-1007 Technical Assistance: Brian wood Cache Creek Consulting 10 Oregon Avenue Whitefish, Montana 59937 (406) 362--1107 B. Location and Legal Description of Property: The two properties proposed for annexation are located on the east side of Willow Glen Drive across from the Toyota dealership on US Highway 93 South. The current property address is 1531 Willow Glen Drive and can legally be described as tracts 5AA and 5G located in Section 23, Township 23 North, Range 21 west, P.M.M., Flathead County, Montana. C. Existing zoning. The two properties are currently in Flathead County jurisdiction and are zoned R-1, Suburban Residential. The Flathead County Zoning Regulations published on September 27, 1993 state that the county R-1 zoning district is intended to provide for estate -type development in rural areas away from concentrated urban development. Permitted uses include single-family homes, agriculture uses, parks, nurseries, produce stands, etc. This district is very similar to the city R-1 zoning district. The property is immediately west of the Kalispell City limits where B-2 (General Business) zoning exists. D. Proposed zoning: City B-2, General Business, zoning designation has been proposed for the two properties. The B-2 zoning district is intended to provide an area for retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. Multi -family dwelling development is one of the many permitted uses in this zone. Figure 1. View of the subject property from the west side of willow Glen. Drive E. Size: The area proposed for annexation and zoning encompasses approximately o . 9 7 of an acre. F. E. zdsting Land Use: Currently the property contains an abandoned house and trailer which is planned to be removed. The property has one access from Willow Glen Drive which is directly across from the east entrance of the Toyota dealership. G. Adjacent Land Uses and Zoning: Residential development surrounds the property on the east side of Willow Glen Drive and commercial and industrial businesses exist to the west including the US Highway 93 corridor. North: Residential, R-1 (Suburban Residential) East: Residential, R-1 (Suburban Residential) South: Residential, R-1 (Suburban Residential) West: Commercial/Industrial, City B-2 (General Business) 2 H. General Land Use Character: The property is located along Willow Glen Drive, a state secondary, and is a couple hundred feet south of the intersection with Us Highway 93 South. The property surrounding US 93 and Willow Glen Drive is identified on the Kalispell Growth Policy Future Land Use Map as a prime location for retail, offices, services, mixed use and residential uses. The existing uses to the west of the property are consistent with those future land use designations. The majority of land to the north, east and south are within the county jurisdiction and are rural residential in nature or governmental operations. Figure 2. Aerial photograph of the property and adjacent land uses* *Note: Property lines shown here are not an accurate representation of the tract boundary limes. I. Availability of Public Services and Extension of Services: Public services, including water and sewer, are currently available along the east side of the US Highway 93 South corridor and may be extended north from the intersection of Willow Glen Drive and US Highway 93 South. There may also be an opportunity to connect to an eight inch water main that was extended as part of the Toyota dealership site development. A permit from the Montana Department of Transportation (MDT) may be required should the applicant have to bore under the road to access the utilities at the time development is proposed. A fire hydrant exists in the northeast corner of the Toyota dealership lot, but it is more than the 3 typically required 400 feet from the lot. Installation of another hydrant may be necessary and would be determined at the time construction is proposed. EVALUATION EASED 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. 1. Does the re nested zone com 1 with the Master Plan? The properties are designated by the Kalispell Growth Policy 2020 as Commercial which is intended for retail, offices, services, mixed use and residential type 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. Chapter 3 of the growth policy encourages a mix of residential housing in appropriate locations such as high density housing close to major arterials and services. The proposed B-2 zoning permits uses in accordance with the Growth Policy. The property is also located along willow Glen Drive, a minor arterial and state secondary, and is only a couple of hundred feet from the intersection with US Highway 93 South. Public services are available and Willow Glen Drive is slated for improvements. The property is surrounded by a mix of uses and is immediately adjacent to a City B-2 zone and the applicant may easily access city sewer and water. Currently there are no development plans for the property, however, any use of the property would be confined by the B-2 zoning district regulations and the technical and architectural design of any development will be reviewed by city staff and a variety of committees including the Site Development Review Committee and the Architecture Review Committee. In conclusion, the proposed B-2 zoning is consistent with the general commercial land use designation shown on the Kalispell Growth Policy Future Land Use Map dated August 7, 2006. 2. Is the requested zone desi ed to lessen congestion in the streets? The uses allowed under the proposed B--2 zone would generate more traffic than those allowed under the existing R-1 county zoning. However, Willow Glen Road is a state secondary and is considered a minor arterial that is slated for upgrades in the near future by the MDT to handle additional traffic. The 4 additional traffic generated as a result of this annexation and zone change would be insignificant due to the small size of the lots included in the zone change. 3. Will the requested zone secure safe from fire anic and other dangers*;' Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. Note that the two structures on the property will be removed prior to annexation and connections to water for fire suppression services will be established prior to combustible construction. 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. 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 commercial business or higher density residential 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 this site are established in the Kalispell Zoning ordinance to insure adequate light and air is provided. 6. will the requested zone prevent the overcrowding of land? The minimum lot size for the proposed B-2 zoning designation on this property is 7,000 square feet. The potential development associated with the property would be limited only by the development standards associated with the B--2 zoning district that relate to lot coverage and the types of uses permitted under the zoning. The proposed commercial development in this area is appropriate because of its location and the availability of urban services. The rezoning of this land would not create an overcrowding of land. 7. Will the requested zone avoid undue con.cen.tration of people? Minimum lot standards and use standards will avoid the undue concentration of people if the property is further developed. 8. Will the requested zone facilitate the adequate. provision of transportation, water sewerage, schools arks and other ublic re uirements? All public services and facilities will be provided to the property prior to construction and development is encouraged in the Kalispell Growth Policy 2020 where these services are available. The property has legal access onto willow As 10. 11. Glen Drive, a state secondary, and US Highway 93 is a couple hundred feet from the property where water and sewer mains exist. It should be noted that to connect to these lines, the owner would be required to bore under the Willow Glen Drive right-of-way to connect to city crater and would have to extend a sewer line from the US 93 /Willow Glen Drive south to the property line. There are no sidewalks, boulevards or landscaping along Willow Glen Drive making pedestrian or bicycle travel difficult. Utility connections and transportation corridors would be addressed when development is proposed on the property. Does the requested zone give consideration to the particular suitability of the pro-perty for particular uses? The property is 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 gives due consideration of the suitability of this property for the permitted uses in the district. The property is suitable for commercial and residential type land uses as indicated by the Growth Policy. Does the re uested zone give reasonable consideration to the character of the district? The property is located off of Willow Glen Drive and is close to US Highway 93 South. City B--2 zoning exists immediately west of the one acre property across Willow Glen Drive where Glacier Toyota is located. Primarily county residential, public, and industrial zones surround the north, east and south boundaries of the property. Although residential homes are immediately north and south of the project site, the city's growth policy map has designated this area as appropriate for commercial land uses. This is due in part to the sites proximity to US Highway 93 and the fact that Willow Glen Drive will most likely be upgraded in the near future to support more traffic. More intensive traffic along Willow Glen Drive and at the intersection With US Highway 93 would not be ideal for single family residential land uses. With the development of the US 93 corridor and the agencies use of land to the north on Willow Glen Drive, the county has realized that the area is changing from primarily single family residential to commercial or light industrial. The county owned property to the north has been used for the county's bus system and as a storage yard for road maintenance equipment. The existing single family homes in the area are older houses that include a mix of site built homes and mobile homes. In conclusion, the character of this immediate area, once primarily larger single family lots, is changing due to more commercial land uses along Highway 93 South and the development of commercial or industrial uses in this immediate area of Willow Glen Drive. A B-2 zoning designation would be appropriate for the site. 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. Cl 12. Will the requested zone encourage the most a ro riate use of the sand throughout the municipality? Commercial development should be encouraged in areas were services and facilities are available to support commercial uses which would be allowed under the B-2 zoning district as indicated in the Kalispell Growth Policy 2020. The proposed zoning and potential subsequent uses would be consistent with the surrounding land uses in the area and when development is proposed, construction standards outlined and required in the city's building codes, staff review and design guidelines will help to enhance one of Kalispell's most used gateway entrance corridors. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-08- 01 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be B-2, General Business. 7 NAME OF APPLICANT:U) � (� C, MAIL ADDRESS: C�\:�)� �2r'� irN CITY/STATEIZIP __ .... :� .. .. 5..... S M.. ....a u .... _.. v. T Sq q i; i rxoNE: a sti . 1UU% INTEREST IN PROPERTY: Q&�!C'�( Other Parties of Interest to be Notified: PARTIES OF INTEREST: '{� j � Y� � C(?ICly':�C �(��7ag CAM sa +I Yt�; MAIL ADDRESS: 1 P? rVPWrn (l�V&w?"' CITY/STATE/ZIP: 1�-#�5�1 �C ��t PHONE: INTEREST IN PROPERTY: eonavl+avT -IV w i1PJ' (Section, Township, Range) (.Attach m Land in project (ac): and bounds as Exhibit A) Current estimated market value -� � - � at 50% build out ��(�-�rY1 1), at 100%build out WAkemve (I The present zoning of the above property is: _ _?\ J�-_ `y\ The proposed zoning of the above properly is: �• of State the changed or changing conditions that make the proposed amendment necessary: `I � T I C� �� rMffief " I Mrnearaw, J CtS (6/� I 1"C1 Y1 � �" c�- Ci s � � se�✓�- S i ens -� ►� c � c,, d I V1 0 M P A At 01 A fy� - 4. w�o 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. plicant) >s 1 (Jate) 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 fin-ther 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--2-461 a, 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 . -rS Rural Fire District under the provisions of Section. 7-33 -2 127, 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 Urnmediately 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. 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 day of before me, the updprsigned, a Notary Public for the State of Montana, personally appe ed 1 known to me to be the erson whose name is subscribed balffie foregoing in4ument and acknowledged to me that 46/sp)e ed the same. z INWITNESS.IWHE. I have hereunto set my h an e y o eal the day and year in this certificat st ove written. . az f No f blic3l of o a Printed Name a �r Residing at My Commission expires: STATE OF MONTANA � ss County of Flathead County On this � day of before me, q undersigned, a Notary Public for the State of Montana, personally ap ed �QljitALA known to me to be the erson whose name is subscribed to the Yoregoing in ent and acknowledged to me hee ted. the same. �4 0 IN , I have hereunto set my and affixe y Seal the day and y this certifcte above written. o blic t of a , to d Nam `,� Residing at .A g Vt My Commssion expires: STATE OF MONTANA ss County of Flathead On this day of P before me, the undersigned, a Notary Public for The State of Montana, personally appeared and the , and respectively, of the corporation that executed t*,e foregoing mstparnent; and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS wIffiREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Dame Residing at My Commission expires 3 Wayne Grilley Annexation & Initial Zoning KA=08-01 Legal Description A tract, piece or parcel of land situated, lying and being in the northwest quarter of the northwest quarter (NWI/4NWI/4) of Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows, to -wit: Commencing at the northwest corner of the NWl/4NW1/4 of Section 28: thence south 0'07' east, and along the westerly boundary line of the NW1/4NW 1 /4, 323.0 feet to a point; thence north 89'53' east, and at right angles to the last described point, 30 feet to a point on the easterly boundary line of a county road and the true point of beginning of the tract of land being described; thence north 89'53' east 200 feet to a point; thence south 0'07' east, and parallel to the westerly boundary line of the NW 1 /4NW 1 /4, 212.0 feet to a point; thence south 89'53' west, and parallel to the north line of the property being described, 200.0 feet to a point on the easterly boundary line of said county road; thence north 0007' west, and along the easterly boundary line of said county road, 212.0 feet to the point of beginning'. SUBJECT TO Covenants, Conditions, Restrictions, Provisions, Easements and encumbrances apparent or of record. Page I of 1 Nicole Johnson From: PJ Sorensen [psorensen@kalispell.com] Sent: Monday, March 24, 2008 10:30 AM To; sconrad a@kalispell.com; njohnson@kalispell.com Subject: Grilley spoke with Dawn Frame, who owns the property to the north of Grilley on Willow Glen. She received a notice regarding the annexation/zoning (she said he intends to put in a used car lot). Her main concern was whether she would be brought into the city as well, or get pulled into an extraterritorial building or zoning area. I think I addressed all of her concerns, but thought you may want to know that we got a call. 3/3I/20o8 CERTIFICATION APPLICAIITT: Wayne Grilley Annexation FILE NO* KA-08-01 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 aojoininx the property lines of the property where a zone change has been requested. Date: 3 S-T-It: 28-28-21 Tract/ Lot: Tracts 5AA & 5G Property Owners: Wayne Grilley P.G. Box 5449 Kalispell, MT 59903 Brian wood Cache Creek Consulting 10 4 re go n Avenue Whitefish, MT 59937 AND ATTACHED LIST Wayne & TammyGrille Brian Wood Jeff � � Cache Creep Consulting � � Dawn Frame P.G. Box 5449 g 1505 Willow Glen Drive Kalispell, NIT 59903 10 Oregon Avenue Kalispell, MT 59 1 p Whitefish MT 5993'7 P 90 PIG Investments, LLLP 9861 Highway 1804 North Bismark, ND 58503 Mary & Jeffrey Roper 313 Fox Hollow Road Kalispell, MT 59901 Myers Realty, Inc. P.O. Box 469 Bigfork, MT 59911 James & Brandi Moore 1545 willow Glen Drive Kalispell, MT 59901 Lyle Moore 88 Cobler Village Kalispell, MT 59901 Jesse & Autumn. 8erio 1525 Willow Glen. Drive Kalispell, MT 59901 D. Carlene Moore 1555 Willow Glen Drive Kalispell, MT 59901 City of Kalispell Planning Department 17 - ?nd Street East, Suite 211, KalispeU, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 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 BEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION April 8, 2008 The regular meeting of the Kalispell city Planning Board and zoning Commission is scheduled for Tuesday, April 8, 2008 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell city Ball, 312 First Avenue East, Kalispell. The planning board will hold public hearings 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. 1. A request from Joshua Hostetler for a zone change from City I--1 (Light Industrial) to City B-2 (General Business) for one lot located on the east side of North Meridian Road approximately 500 feet south of the intersection of North Meridian Road and US Highway 2 west. The lot is approximately 13,900 square feet and is addressed as 173 North Meridian Road. The lot can be legally described as Lot 1 of the Walter Addition Amended Lot 2 and Lot 2 of the Amended Lot 1 of the Amended Meridian complex located in Section 7, Township 28 North., Range 21 west, P.M.M., Flathead County, Montana. 2. A request from Wayne Grilley for annexation and initial zoning of B-2 (General Business) for two lots located on the east side of willow Glen Drive across from Glacier Toyota and just north of the intersection with US Highway 93 South. The two lots equal 0.97 of an acre and are zoned in Flathead county as R-1 (Suburban Residential) . The property address is 1531 willow Glen Drive and can be legally described as tracts SA.A and SG located in Section 28, Township 28 North, Range 21 West, P. M . M ., Flathead county, Montana. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 - 2nd Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. 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 (400) 751-1850, or e-mail us at -planninWdkalispell.com for additional information. No. 12854 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING CUM - MISSION April 8, 2008 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, April 81 2008, beginning at 7 p.m. in the NEW Kalis- pell City Council Cham- bers, Kalispell City Hail, 312 First Avenue East, Kalispell. The planning board will hold public hearings and take public comments on the follow- ing agenda items. The Board will snake a rec- ommendation to the Ka- lispell City Council, who will take final action. 1. A request from Joshua Hostetler for a zone change from City 1-1 (Light Industrial) to City B-2 (General Busi- ness) for one lot loca-ted on the east side of North Meridian Road approximately 500 feet south of the intersection of North Meridian Road and U.S. Highway 2 West. The lot is approxi- mately 13,900 square feet and is addressed as 173 North Meridian Road. The lot can be le- gally described as Lot 1 of the Walter Addition Amended Lot 2 and Lot 2 of the Amended Lot 1 of the Amended Meridi- an Complex located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. 2. A request from Wayne Grilley for an- nexation and initial zon- ing of B-2 (General Business) for two lots located on the east side of Willow Glen Drive, across from Glacier Toyota and just north of the intersection with U.S. Highway 93 South. The two lots equal 0.97 of an acre and are zon- ed in Flathead County as R-1 (Suburban Resi- dential). The property address is 1531 Willow Glen Drive and can be legally described as tracts 5AA and 5G lo- cated in Section 28, Township 28 North, Range 21 West, P.M.M., Flathead Coun- t,y, Montana. Documents pertaining to the agenda items are on file for public inspec- tion at the Kalispell Planning Department, nd street Fast, �[i_qnell, MT ,901. and are availa- bie for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and con- cerns known to 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 (408) 751-1850, or e- mail us at planning @ka- lispell.com for additional information. Isl Thomas R. Jentz Thomas R. Jentz Planning ❑irector March 23, 2008 STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE M. BROUWER BEING DULY SWORN, DEPOSES AND SAYS: THAT SIZE IS THE LEGAL CLERK. OF THE DAILY INTER LADE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRIN T ED AND PUBLISIED IN THE CITY OF KA.LISP.ELT L, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 12854 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 MARCH 23, 2008. 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. s �. r.F ? ' i Sys ; Subscribed and sworn to Before me this March24, 2008 b 1 7DorothyOGIen ss Notary Public for the State of Montana Residing in Kalispell My commission expires 9/ 11 /09 APPLICABLEAPPLICATION PROCESS ,/ Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning classifications. Completed application form. ,T.' Completed Petition to Annex and Notice of Withdrawal from aural Fire District form, including an Exhibit A. legal description of the property. A. list of all property owners within 150 feet of the subject property (excluding public streets and right of ways) with mailing addresses. See example below & attached notice from County Plat Roam.. Assessor# Sec-Twn-Rng Lot/Tract No Property.Owner & Mailing Address Annexation and Initial zoning Fee made payable to the Kalispell Planning Department. Fee Schedule: Annexation (includes initial zoning) $250 plus $20lacre .A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. i