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03. Ordinance 1556 - Initial Zoning - Old School Station - 1st ReadingCl*ty of Kalispell Planning Department Telephone: (406) 5 1 -1 o Fax-. (406) 751-1858 We .te: k p l plan.' g.eom REPORT O Kalispell Mayor and City Council FROM: Narda. A. Wilson, Senior Planner Names H. Patrick, City Manager SUBJECT Montana Venture partners Initial Zoning of 1- 1, Light Industrial - Rocky Cliff' Drive and Hwy 93 South MEETING DATE: November 7, 2005 BACKGROUND: This is a request by Montana Venture partners for an initialzoning designation of l- 1, Light Industrial on apprwd ately 55 acres. The property lies at the northeast comer of Demersville Road and Rocky Cliff rive. The property was annexed by the Kalispell City Council at their regular meeting of June 6, 2005. The propel is currently undeveloped but has received prelims' nary plat approval. from Flathead County for a 16 lot industrial subdivision. The Kalispell City PlanrAng Board met on dune 21, 2005 and held a. public hearing to eons d r request fora ntazndesign ation of1--1, Light Industrial, can approximately 55 acres. The Kalispell Planning Department staff presented staff" report KA_ 5-1 I evaluating the proposal. Staff noted the City 1- 1 zoning and the County 1-1 zoning are significantly different and the developers' plans for office space could not be accommodated with the City 1- 1 zoning classification. Therefore the staff was recommending that the propel he zoned - 5, Commercial industrial, since it is more consistent with the existing County zoning. t the public hearing the developers spoke in favor of the proposal and stated they intended to do are Mdustrial park as a public private partnership with the City of Kalispell and anticipated Drell -paying jobs as a result of its development. A x eigh on*ng property owner spoke m opposition citing the unpaved roads M the area as an issue and the impact the project would have on the character of the area.. ,after the public hearm*g the hoard discussed the proposal and the recommended B-5 zoning.' There was some discussion of the recommended -5 zoning being too broad in the uses that were allowed compared to the City 1- I zoning. A motion was made to recommend the zoning for the property be -5, Commercial Industrial which passed on a vote of five in favor and one opposed with. Bryan Schutt voting in opposition. However, at the next regular meeting of the planning board held on duly 1.2,. 2005 this matter was brought up for reconsideration by the board. The board believed the Montana Venture Partners November 1, 2005 Page o .mg for the property and the intended uses for the subdivision were more closely linked to the light industrial zoning. Ater some substantial .iscussion regarding the project, the planning board voted unanimously in favor to recommend ..at the zoning for the property should be 1- 1, Light Industrial. RECOMMENDATION: A motion to approve the first reading of the ordinance for initial zoning would be M order. FISCALEFFECTS: Positive impacts once fully developed. ALTER ATWES: As suggested by the City Council. Respectfully submitted,, ar a. A. Wilson =_7ames atriek Senior Planner 'tty Manager Report compiled: November 1, 2005 e: Theresa White, Kalispefl City Clerk ORDINANCE NO, 1556 .N ORDINANCE TO AMEND SECTION 27,02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE,(ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY 16337 LOCATED IN SECTION , TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY., MOM ANA. (PREVIOUSLY ZONED COUNTY 1-1, LIGHT INDUSTRIAL) TO CITY I -I (LIGHT NDI STRIAL)� IN ACCORDANCE WITH THE KALISPEL_L GROWTH POLICY 2020, AND T PROVIDE ,AN EFFECTIVE DATE. WHEREAS, Montana Venture Partners, the owners of the property described above, petitioned the City o Kalispell that the zoning classification attached to the above described tract of land be zoned 1-1, Light Industrial, on approximately acres of land, and WHEREAS, the property is located on the northeast comer of Rocky Cliff Drive and Demersville Road, and WHEREAS, Montana Venture Partners' petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-05-1 1, dated June 14, 2005, in which the ri -City Planning Office evaluated the Petition and recommended that the Propel as described above e ,coned I- 1 , Light Industrial as requested by the petition, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described I- , Light Industrial, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section - - , M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set. forth in Staff Report No. KA-05-1 1. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF K AFL SPELL A FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance,(Ordinance No. 1 o) is hereby amended by designating the Property described above as - 1, Light Industrial, on approximately acres of laid. SECTION 11, The balance of Section 27.02.010, cial Zoning Map, City of Kalispell ,honing Ordinance not amended hereby shall remain in Rill force and effect. SECTION 111. This Ordinance shall be effective thirty days from and after the date o its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY F KAL SPELL THIS 7TH DAY OF N VEM ER, 2005. ATTEST: Theresa White City Clergy. Pamela B. Kennedy Mayor City of Kali*spell Planning Department i 7- 2" Street East, Suite 211, Kalispell, Montana 59901 Telephone: o 7 i- l 5 0 `a: o6) 751-1858 Wit: kaleliari.om July 22, Zoo James H.. Patrick, City Manager City of Kalispeli P.O. Box 1997 Kalispell, MT 59903 Re: Montana Venture Partners Initial Zo lag of I- l , Light Industrial Rocky cliff I r ve and. levy 93 South Dear Jim: The Ka s e l City Planning Board met on June 21, 2005 and helda. public hearing to consider a request for are. M' Itial zoning designation of I-1, Light Industrial, o a ro�dmateiy 55 acres. The property lies at the northeast corner- of Demersville Road. and Rocky Cliff Drive. The property was annexed by the Kalispell City council at their regular meeting of June 6, 2005. The property is currently undeveloped but has received preliminary Taut approval. from Flathead County for a. 16 lot industrial subdivision.. .hard a Wilson of the Kalispell Planning Department, presented staff report KA-05-1 l evaluating the proposal.. She motel the City I- I zoningand the County I- I zoningare significantly different and the developers' plans for office space could not be accommodated with the City - l zoning classification- Therefore the staff was recommending that the property be zoned. - , Commercial. Industrial, since it is more consistent with the existing County zoning. At the public heaXing the developers spoke in favor of the proposal are.d stated they intended to an industrial park as a. public private partnership with the City of Kalispell and anticipated ated well -paying Jobs as a rest of its development. A neighboring property owner spoke in opposition citing the unpaved roads in the area as are issue and the impact the project would have on the character of the area.. After the public hearing the board discussed the proposal are.d the recommended -5 zoning. There was some discussion of the recommended -5 zoning being too broad in the uses that were allowed compared to the City 1- 1 on.m . A mot -ion was made to recommend the zoning for the propel be - , Commercial Industrial which passed on a vote of five in favor and one opposed with Bryan Schutt votin.g in opposition.. Montana Venture Partners July 227 2005 Page However, at the next regular meeting of the planning board held on July 12, 2005 this matter was brought up for reconsideration by the board. The board believed the zoning for the property and the intended uses for the subdivision rer more closely linked to the light industrial zoning. Ater some substantial discussion regarding the project, the planning board voted unanimously m Favor to recommend that the zoning for the property sold be # 1, bight Industrial. Please schedule this matter for consideration by the Kalispell City Council at their regular meeting of August 1, 2005. You may contact this board or Naxda Wilson at the Kalispell Planning Department e t if you have any questions regarding this matter. GT/ NW / ma Attachments: Staff report #KA-05T T 1 and application materials Minutes of the 6/21/05 planning board meeting Minutes of the 7/ 12/OS planning board meeting c w/ Att: Theresa White, Kalispell City Clerk pro Att: Montana Venture Partners, P.O. Box 1477, Kalispell, MT 59903 REQUEST FOR INITIAL ZONING OF 1-1 UPON ANNEXATION ' RI -CITY PLANNING OFFICE STAFF REPORT #KA-05- 11 JU, 25 report to the KalispeH City Planning Board and the Kahs ell City Council regarding the initial zoning of 1-1 upon annexation to the city. A public Ba ng has been scheduled before the planning boar. for June 21, 2005 beg�n g at 7:00 PM in the Kalispell city Council Chambers. .e plannmg board will forward a recommendation to the Kalispefl City Council for final action. BACKGROUND INFORMATION: This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 2 .o3.o o of the Kakis ell Zoning Ordinance. The Kalispell City Council annexed this property on June 6, 2005 without a. City zoning assig=ent. A. Petitioner and vme s: Montana Venture Partners P.O. Box 1477 Kakis ell, MT 59903 (406) 270-0985 (406)751-4341 B. Location and Legal Description of Property: The property proposed for M ,tial zoning is located on the northeast comer of Rocky Cliff Drive ve and Demersvine Road approman tely two des from the u'atersect .on of Hwv 93 and Lower Valley Road., the current city limits, The propel can be described as Parcel. A of Certificate of Survey 16337 located in Section 33, Township 28 Now, Range 2 West, P.M.M., Flathead County, Montana.. C. fisting zoning: for- to bemire g annexed into the city of Kalispell on June 6, 2005 by the Kahs e . City Council, this property was M the County zoning jurisdiction and was zoned 1-- 1, Light Industrial. Over the last 12 months or so the developers went to the County and sought and received a master- plan amendment from Agricultural to Industxial, a zone change from AG-80, Agricultural, to l- , Light Industrial as veH as approval of a 16 lot subdivision known as Old school station. D. Proposed Zoning: The property oumers are requesting City I-1 zoning, a Light Industrial zoning ng istr ..ct, which allows a. wide van'cty of industrial, manufacturing, and storage uses including airplane hangars. E. size: The area proposed for initial zoning contain' s approx=ately 55 acres. F. Existing Land Use: This property is currently undeveloped. Page G. Adjacent Land Uses and Zoning: The adjacent land uses are agricultural to the north, east and south and industrial to the west along Hwy 93. North: Demersville School. used residentially, County G- o South: Agricultural and warehousing, Unzoned East: Agricultural, County AG-40 We t: Industrial, County 1- 1 zoning H. General Lana Use Character: "he character of the immediate area.can be described as commercial and industrial uses fronting on US 93 with less intensive a nc It ra . and residential uses off of the highway. The immediate site does not abut the highway corridor but is extremely close and has access to the highway vi,a. Rocky cif Drive and Snowline Drive. I. Availability of PubUc Sakes: City water are.d sewer are located approximately two pies to the now of this property at the Four Corners area. it is the Mte t o the developer to exterg.d water and serer to this site, execute a development agreement with the City of Kahspefl to allow for the reimbursement ent of costs associated ith the utility extension and the City would create an industrial tax increment finance district to assist in the installation of pubhc infrastructure in the subdivision to create jobs and generate tax revenue for the City. J. Additional background infor a I : Please see the attached memorandum . from James H. Patrick, Kalispell City Manager to the Kalispell city Council dated Jamie , 2005. This memo outlines the strategy for annexing and dove .o � this property. Also M'cluded as are attachment is a. copy of the County resolution approving the preliminary plait for Oil. School Station and the preminary plait layout. .EVALUATION BASED ON STATUTORY TUTORY CRITERU The statutory basis for reviewing a. charge in zoning is set Forth by 76-2.2 5, M.C.A. Findings of fact for the zone charge request are discussed relative to the itemized criteria describe. by-2-203, M.C.A. SUMMARY AND DISCUSSION Does the re este i zone cow with the Growth Policylp This property is outside the boundary of the Kalispell Growth Policy 2020, future land use map and potential utility service area. The County master plan as amended by the applicants is designated as industrial. The Proposed zoning does not comply with the groom policy for Kalispell becaiise it is not within the boundaries that are anticipated ated to be served or developed, with City services. 2. Is the re nested zone designed to lessen con estion in the streets? The current zoning is County i- 1, Light Industrial, which is an intense commercial and stria) zonmg designation which allows the uses not only Paue 2 a-n-tici a ed to be found in alight industrial area but also the uses that are found within the general business district zoning. The County and City zoning designations of 1- , Light Industrial, Crary considerably since the City light industrial zoning hits the uses in - l to those industrial type uses and discourages uses of a general commercial nature. The proposed 1-1 zoning ing would likely be less intensive within the City than it would in the County. The City I-1 zoning does not cater to those specific uses for which the developers have intended to use their property. City B-5 zoning an Industrial Commercial zoning designation more closely resembles the current County 1-1 designation for the site. 3. Will t ie re nested. zone secure safely,from fire anic and other dangers?, .s this property develops, the City would need to work with the developer to insure that there is services and facilities that provide safety from fire, panic and other dangers associated with the provision of public semces and utilities. t Will the requested zone omote the health and general welfare Because this annexation will enable the property owners to connect to public sewer and develop this property u4th full public services, the public health and welfare of the community vvill be served. . Will t ere nested zone rovide for adequate light and air The proposed fight industrial zoning designation and a .o red. uses would be subject to the development standards of the zoning which help to insure that there is adequate light and air by using uildm* g height restrictions and setbacks as well as landscaping and parking requirements. ents. Conditionally permitted. uses that might be allowed will have special conditions required for the development. . Will the requested zone r vent the overcrowding of land The requested zoning designation is generally consistent with other 1-1 zonm* g in the area and will continue an industrial pattem that is already established along the v�T 93 corridor. However, the B -5 is a closer match to the County I- since the County I-1 allows a. broad range of commercial and industrial uses. With adequate services including upgraded roads, public sewer and water, the development standards may address overcrowding g concerns. 7. Will the requested zone avoid undue concentration of people. Designating these properties for commercial industrial development will allow for the expansion of commercial, light industrial and storage activities. The lot size requirements ents and the provision of municipal services scare to reduce congestion and crowding. The property will likely be developed more it t :nsiy �ti �� utilities and services than would oter�se e allowed �e for tr but it is unlikely that it would result in the undue concentration of people. Page 8. Will the......ENuested zone facilitate the adequate rovis on of trans ortatio water seweraM, schools, parks., and. other.Rublic requirements? Public service, Facilities and infrastructure are intended to be provided to the property and ro id be extended at the applicant's expense. Impacts to these services can be currently assessed as a result of this zoning proposal and previous annexation of the property by the city council. . Does the reouested zone lve consideration to the articular s lta ility of the 12roperty h2Lparticulax uses The proposed zoning is generally consistent with the zoning in the surrounding area, however, the City - , Industrial Commercial zoning s a closer reflection of the County 1-1 zoning and intended uses for the property. The property lies ire. close proximity to storage and warehouse facihties associated with. the County x- I zone. o. Does the reQuested zone geve reasonable consideration to the character of the district? The general character of the area is a mix of industrial and commercial uses adjacent to US Highway 93, but as one proceeds back from the highway frontage, where this property is located, the character is less intensive. The proposed - 1 zoning as well as the City B-5 zonm'gis generaRy consistent with the land use character along the Hwy 93 corridor. 1. Will the ro osed zone conserve the value of d o s? Vale of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area.. 2. Will the requested zone enco ra e the most a ro r�a.te use of the lmd throe out the jurisdiction? This property is not within the anticipated utility service area. of Kalispell nor is it designated on the Kalispell Future Land Use Map because of its distance rorn the current city limits. However, the - zoning designation is apparently consistent with the intentions and plans of the Kahs ell City Council who have annexed this property without a zorling designation in anticipation of development with the type of uses allowed in the --5, Industrial Commercial zoning district. Page TRIECMMENT t is recommended that the Ka r.s e . City Planning Board and Zoning Commission adopt staff report KA - 5-11 as fmdings of fact and forward a recommendation o Kalispell City Council that consideration be given to the issue that this propel is currently outside the Kalispell Groff Policy 2020 boundaries and antic'IP ated potential utility service area. s part of a comprehensive review., this property should e considered to be Included as part the Kalispell Growth. Policy 2020 and the Potential Utility- Service Area Boundary as well as the Kahs eR Future Land Use Map. Based upon previous actions by the Kalispell City Council and the Fathead County Board of Commissioners, it would appear that the most appropriate zonffig for this property would be B-5, Commercial Industrial. Pn a The main motion as amended three times carried upon roll call vote with Atkinson, Ga riet Herron, Kenyon, Larson, )son, Peters, and Mayor Kennedy voting in favor, and Haffermn Sf voting against. E 5. :RESOLUTION 5017 — DAVID AND BEVERLY MOSBY This is a request for annexation of approximately one half of an acre located at 1404 6th Street East. Peters moved Resolution 5017, a resolution to provide for the alteration of the boundaries o the City of Kalispell bv including therein as an annexation certain real property, more particularly described as a portion of Assessor's Tract Q located in Section 17, Township 2 North, Range 21 West, .M.M., Flathead County, Montana, to be known as Mosby Addition No 3 3; to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report on the annexation and nln,21t "here was no discussion. The motion carried unanimously neon roll call vote. E t ORDINANCE o — INITIAL ZONING — DAVID AND BEVERLY MOSBY —1ST READING The Mosby's are requesting a zoning ing signatior of R-3, Urban Single Family Residential, upon annexation of the above mentioned property. Atkinson moved first reading of Ordinance , an ordinance to amend Section 27.02.0 0, Official Zoning Map, City of Kalispell Zoning ordinance, (ordinance No. 1460), by zoning certain real property described as a portion of Assessor's Tract Q located in Section 17, Township North, Range 21 West, .M.M., Flathead County. -Montana (previously zoned County R- , Two Family Residential) to City R- (Urban Single Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date* The Motion was seconded. `here was no discussion. The Motion carried unanimously neon roll call vote. 7. RESOLUTION o - ANNE-XATION � OLD SCHOOL STATION IXDUSTRIAL ARK Montana Venture Partners, LLC is requesting annexation of a ro n'na e y 5 acres located.. Miles south of the Chv limits. The developers would pay to extend sever and grater lines in exchange for TIF assistance for park infrastructure. Kalispell City Council ljlnute June 6, A2005 Page 7 Atkinson moved Resolution 5018, resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, the real property described as Parcel A of Certificate of Survey #16337 In the SW 114 of Section 33, Township 28 North, Range 21 West, .M.M*, Flathead County,, Montana, to be known as old School Station Addition No. 3 and to declare an effective date; The motion was seconded. am'& explained the City has the opportunity to partner with Montana Venture Partners, LLC to form an industrial park. He said Montana Venture wishes to annex to the City and extend water and surer to this area in return for TIF assistance. Patrick said the tax revenue from the park will assist In developing a sustainable tax base in the future as well as producing at least I,o o good quality jobs. a 'erroan stated {'ire have a one paragraph proposal to annex a 55 acre parcel at the end of a two mile tentacle from our nearest City limits"'. He said no cost analysis has been provided; the proposed area is beyond even a future fire s a Ii on in the airport area; and there i no extension of services plan. l a 'ferman said if this was a good proposal for the citizens, a feasibility analysis should have been ``eagerlyprovided". said he would i favor o allowing the developer to extend the crater and sever in exchange for building to City standards and waiving the right to protest annexation. Patrick commented the fire chief has indicated the department can effectively respond to this area and are industrial park doesn"t require the same amount of srvices as a residential area.. He said the Council has looked at ways to diversify the tax base and this is a prime opportunity to do that by ringing in industrial and commercial properties. In addition., Patrick stated there are property owners along US 93 who are also interested in annexing. Olson noted the County has already approved this project with septic systems. He agreed the property is "long way out"'. but added the City will be creating a lot of good payingjobs and he will support It because of that. Peters said because the County has already approved the project the jobs will still be there independent of what the Council does and the tax revenue will be delayed for the life of the TIF district. He said he's also in favor of allowing them to get City services, but he's not in favor of ame ation. Peters stated he d esn"t understand what the advantage is to the taxpayer and is confused why this proposal is even before the Council. Patrick responded the City has been looking at developing an industrial park and when this project vas Proposed it only made sense to try to develop a partnership. l of err an stated this is a "lousy deal" for the City of Kalispell because for 15 years not one tax dollar will go ito t, general fund and the taxpayers' rates will have to g o t pay for the services for police, fire and infrastructure maintenance. Herron said he thinks this is a great project, but e doesn't have any numbers t base a decision on. He said this is a 3.1 million dollar windfall for the developers and other developers are asking why they have to pay for t. eir own infrastructure. Herron said there are j .ust too many unanswered questions. Kalispell City Council Minute June 6, 2005 Page Patrick said a meeting with the developer is schedule for vedneday morning to develop the business plans. He stated the City has not been, approached by any other developers interested in an industrial park., reiterating this is an opportunity to diversify the economy and tax base by providing some incentives to companies coming to town. Herron commented he still doesn't feel the Council has enough information and even though he doesn't have any problem with the annexation, he may have a problem with the TIC'. Larson said the Council is simply voting on the annexation and there will be a lot more information coning forward prior to a vote on the TJF. He said he supports it because he feels this will be quality project with quality developers that will be a benefit to the City, boever, he is concerned about public safety response time. Hafferman pointed out an extension of services plan is required by State later prior to any decision beingmade . Peters noted even though the Council has been told they are only voting on annexation, he feels 1*17s a lead to a TIF distn*ct otherwise annexation wouldn't be considered. He said the extension of sever and water can occur without annexation, but T district can"t. Peters said at this time he st can't see .bow this makes sense. Atkinson said he"s looking at the annexation as more than just are annexation.. He said it" s a potential for great economic development and will allow the City to have a say in the development of the southern. corridor. He added he's only willing to take this leap because of the partners the City will be involved with. Mayor Kennedy said sbe supports the annexation and she also supports the IJF district. She said the developers are at the table because they were asked to come to the table. Mayor Kennedy said the Council has charged the City Manager with increasing the number of jobs and the economic development in the community and she feels this will do just that. Gabriel said she will support the resolution for the same reasons, adding she has to trust the police and fire chiefs when they say the area can be adequately covered. Herron said he 'is going to support the resolution because he doesn't want to see another onsite treatment facility or septic system in this valley, but he's not necessarily going to support a TIF district. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Larson, Olson, and Mayor Kennedy voting in favour, and Hafferman, Kenyon, and ,deters voting against, CONDITIONAL USE PERMIT — COTTONWOOD ARK SUBDIVISION Andy Silvers is requesting a conditional use permit to allow the conversion of four single family lots to four two unit townhouses on approximately 10 acres in Cottonwood Park Subdivision. Kalispell City Council Minutes June 6, 2005 Page via .... ................ AV UMNP#r.##.tYEN7URfPARTNEBS,LLC. May 23, 2005 Kalispell Planning Board Kalispell City Council Kalispell, MT 59901 Gentlemen: Please accept Montana Venture Partners, LLC' , application to the City of Kalispell for Annexation and Zoning of 1-1 propel for the development of 1 commercial/industrial lots encompassing 55.14 acres named `Old School 7 St tion7. You will find enclosed a copy of the plat that the Flathead County Board of Commissioners approved on May 10, 2005. Montana Venture Partners} L1. C, has been working ing with the City staff for utilities, water and sewer issues, so that we can resolve all issues and potential concerns. Montana Venture Partners, LLC, feels our site will be a welcome addition to the Gateway of Kalispell and the Flathead Malley. tour consideration of this request. Paul D. W o1 Managing Partner aiJV2�r iff .� 5ll it Ll �j' � {.'.T.Yf.' { i-City Plawning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone; o - Fax: o 77, PETITION FOR AiNNTEXATION AND MTV Z INING CITY OF K-A.LISPELL N4'VIE Q�' APPLICANT: t3 ►`Aw U �`��Z..ci� �IA.�I.T1U �-,. iVLML ADDRESS: �, 0 •rP30o L 14.q'`Z CITY/STA'I`E1ZIP: 1\otr-,v 5qCLPHC3NE:__2����c,��'�f.-�'�jfl INTEREST IN PROPERTY: ejcc,Z �S Other Pardes of Interest to be Notified* ARUES OF INTEREST: N4AIL ADDRESS CITY/STATE/ZIP: fNTER-EST IN PROPERTY: PLEASE COMPLETE THE F WLNG . PHONE: - I a, :-. "b f"- Address o the r ir"Legai Description: 1;4zcal A-:0oS*i-/& (Lot and Bloc: of Subdivision; Tract (?Ust,�.o (Section, Township, Rao (Attach metes and bounds as Exhibit A) Land in project (ae) lso4s,4 l" /�.��Z='11-z The present zoning of the above property is: �• The proposed zoning of the above property is: State the chanaed or changing co �iti that � c the proposed amendment necessary: IS4(1 nm .. .... ..... L 0175;-- YT§4—.v. �=A �Otvts A-% The signing of this application sloUrnifies that the foregoing information is true and accurate based upon the best inl'ormation avaflable and further Cy - nts approval for ' i-Ciry Planning staff to be present on the property for routine inspection during the annexation process. { Apt Meant (Date) I J- 2. . . . APPLICATION ESS APPLICABLE TO ALL AINNEXATION AND LNIT11AL ZNMING APPLICATIONS 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. Completed Petition to .hex and Notice of Withdra-val from Rural Fire District fog; including a Exhibit , Legal description of the property. A list of all propel owners within 150 feet of the subject propel (excludima public streets and right o ways) -with mailing addresses. See example below. Assessor' See- w -� of Tra t No Prope Owner & Mailing ..ddre Annexation and. Initial Zoning Fee .made payable to the Tri-City Ptanning Office. Residential I acre or less) o fee All other annexations: Over I acre - $100 for first acre -I,- $15 per acre over I acre A bona fide legal description of the property from a recent survey, title repot or deed which accurate1v describes the property to be annexed. s o r �� w Effective 3r' 15 s 0 .x!x-;�- CI"ty of Kall"Spell �- Post Offlcl.�w Box 7 - Kali Montana � -- 9' �` la=� 7� � � Fax - �� �'5 8 REPORT TO: Honorable Mayor and City Count FROM: James es H. Patrick City Manager SUPJEC * Old School SWio-n.Annexation ATE:. June 1, 2005 The City has the oppoftunity to pier with AndyMffier of Montana Venture Partners, LLC t fora a public/privateindustrial park. The industrial park "Old School Station7l has a County Z ug of '&` igt Industrial" and has an approved County plat for the Industrial Park.. Montana Venture Peen Wishes to sex to the City, extend water and sewer lines to this industrial park in return for TIF assistance m construction of park tare, The attached map shows the location of the property in relation to the ev,*sting City its. There are several advantages t making this c inmit en.t. Thm are sever property owner interested in annexing to the City along US 93. This protects the southern entrmce into the City and allows us to ensure a good miage to arriving visitors. The tax revenue that this park will generate will assist in developing a sustainable tan base an future years as well as producing at least 1 .000 good quality jobs. At the cent time there are three to four solid prospects =atlug approximately 400 jobs over the next five years. Two of these businesses would like to get their footlffigs and foundations in as soon as ass h c. This will be a covenanted park that will re arc aft construction. Industn'al ` Is may be used for projects unwaken Wig or for an M usual dit ct if the proposed mdustrial district consists of a continuous area with an accurately described botmdary, s zoned for industriW use, does not include any prosy 'Included wi an emoting urban -renewal area district, sdeficient in imfTustmctum improvement for industrial development, and .as as -its pmpose the developmentof infi-astructurc to encourage the groom and retention. o ... scc��-sae al � -- - - . - .. .. ..... ......... . . ... . ..... ...... . - - . . Tax increments rnav be used by the me a ty to pay the following costs of or incomein connection wi In .dal infrastructure development project: land acquisition; demolition and removal of strucros, relocation of occupants, the acquisition, construction, and improvement of infiustrucnire that includes: streets, roads, curbs, guttm# sidewalks, pedestrian malls, alleys, parking lots and off street parking facilities, sewers, sewer lines, sewage facilities, publicly owned buildings and any .public improvements,, costs 'incurred connection with the allowable redevelopment ac v t es" acquisition of infrastructure re deficient areas or portions o areas; administrative costs associated with the management of the industrial district. RECOMMENDATION.- approve the Annexation Resolution for Old School House Station - Staff ill then proceed with the formulation of a TIF Industrial Park, business plan. zonrnk, developer" s agreements. late co .er's agreement, ester al en.g eer ,, anm�.g comnussion approval, and funding. It will be the developer's signal to start engineefing ply and construction for the water and sewer lines to the park. FISCAL EFFECTS: Generation of significanttax doUars from new industrial buildings, creation. of over 1,000 'obs when bWlt out and increased wealth M the communitv. ALTERNATIVES: As suggested by the City Council. Respectfully submitted es H. Pack tv Manager RESOLUTION To PROVIDE FOR THE ALTERATION of THE BOUNDARIES of THE CITY OF KALSEL BY INCLUDING THEREIN, AS AN ANN]EXAoN, THE REAL PROPERTY DESCRIBED AS PARCEL A of CERTIFICATE of SURVEY #16337 N THE SW 1/4 of SECTION 33, TOWNSIHP 28 NORTH, RAGE 21 WEST, # A/ , FLATHEAD COUNTY, MONTAN. , TO BE ICNoWN -AS OLD SCHOOL STATION ADDITION NO. 364� o DES AN EFFECTIVE .TEA WHEREAS, the City of Kalispell has received a petition from Montana Venture .partners, :LC, the owners of the property described above{ requesting that the City of Kalispell annex the tee tom into the City,, and WHEREAS, the area shall be included within and shall conform to the Kalispell Grow o is 2020. and WHEREAS, the G of Kalispell desires to annex said property in accordance vita Title 77 Chapter 2,, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CFFY COUNCIL OF THE CnY of KALISPELL AS FOLLOWS: SECTION .. That all the real property as is more particularly described above shall e annexed to the City of Kalispell and the boy.-nary of the City is altered to so provide, and shall be known as Old School S a o Addition No. 4. SECTION 11. Upon the effective date of this Resolution, the City Clerk is directed to make and certify, under the seal of the City a copy of the record o these Proceedings, as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and .corer. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, , whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and propel shall be subject to all debts, I aws and ord Dance and regulations in force In the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 111. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning ordinance* SECTION IV. This Resolution shall be effective irnmedlately upon passage by the City Council. PASSED N APPROVED BY THE CITY COUNCIL ANSIGNED BY TIM MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF �NE� 2005. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mawr w PETITION T ANN,-EX ikiTD i NOTICE OF WITHDRAWAL M RLTU FIRE DISTRICT The undersigned hereinafter referred t ,,Ati r s respectfully petiti tile City Council of the City of Kalispell for annexation of the real property described below into the Cite of Kalispell* ThePetitioner(s) requesting Ciry of .Kalispell vexation of the property desC.1ribed herein and mtua.. y � � with the Civ o'Kaflspell that immediately upon Wmexation of the Land all it f of KaliKalispeil municipaiservices will be provided to the property described herein s stt the same basis and in the see mane# as such services are provided or made available to other Properties within the rest of the municipality. Petitjonezr(s)hereby state that there i %d to prepare a Municipal Annexation Service Man for this =vexation pursuant to Section 7-2-46 10, M.0 A. since the pities are in agreement asto the provision of municipal services to the property requested to be annexed. The Petitioner(s) herein express an intent to havethe proper 'herein described 'ons of Section wtdw from ��� RuralI rIs 7e - t Montana Code Annotated- n � that incorporated into this Petition to I t Notice requirement Pursuant to said Section,- and that -upon proper adoption of an ordinancer resolution of vexation by the City Council of the City of Kalispell, tip.e property shall be detracted ftm said digit# n the evelit the r rr'y is not immediately annexed# the Petitioner .furrier agree(s) that this covenant shall rug, to,, with, and be binding upon the title of the said real property. and shall b binding upon our Heirs, assigns, s Lessors i t ter t� purchasers- d and ail subsequent ho[ders or owners lo-he above described property} This City hereby agrees to allow Petitioners) to con-nect axed receive the utilities from the Cltv of Kaftspell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services.CA 7-2-4736 prohibits the city from Providing sofid wee r ice�s to this propel* for a ni,n m yew from date � � t r . 5 Please r t m this petition to: St East, Suite I NOTE: You must attach an E,-dilbltA that provides a bona fild l a .i description of It f- 1- to be annexed that vas been rev i ewed and ce..rtffled v the F l t e d tv 11 lat Rooms, STATE OF MONTANA SS County of Flathead County On this nal� before me the undersigned. a Notary Public for the State of 'Me .t a, er 4appeared -1, known To me to be the person whose a is subscribedw the foregoina,instrument and acknowledged to rae that helshe executed the same. I AAqTNS8 WHEREOF, I have hereunto set my hand and affixed my Notes Seal L day and year in this certificate first above we- — L2— NotaPubfic, Sstt Gf W46na Reiiat Commission STATE OF MONTANA County thea. County OW'? #fie ft" Of Nlt� esi'dirj M ftihwfo Monk Fey comrni5zion txpirmt K%M+t 19, 2007 On this �day of� before mew the undersigned, � � Pub'' for the State tan er . e ,re(X.n. �W e t_-j known to me to be the person whosename is subscribed to the foregoing, istrumvnt and acknowledged to me thathe/she executed the same. IN' J ._ SS WHEREOF,, I have hereunto set t y hand and affirnNow Seal the day and y= i this certificate first �e Trite.. LI ory. U 11c, $ .Montaiv. Residing at My Commission expires: STATE F M N ANA s County of Flathiead HUIN L JACKM NOTARY PUNK for OW Sh" of AgMMM R"Onq 0 K41hpalir MmftM y Commission OXWMS 9r 2007 On diis dav of beforerne, the undersigned. a Notary Ptiblic for The State of Montana, cell appeared and -the and rIV f dl r m on t e c e hQo- z nume*rye said instrument n behalf of said Corporation, and acknowledped w nie that such corporabon executed the same. IN W�F SS WHEREOF � I have hereunto set my hand and axed my Notary Seal he day and Var i this l a to Erst above written.. .f Notan,, Pubfic, .Le of _Montana - Re idin at E XHItT OLD SCHOOL STATION AKA M N7A A VENTURES L C L E GA,L DESCRIPTION OF -AREA TO RE XNNEXE Parcel A of Certificate of Spey 4163 37 in the SW 1/4Section , Township 28 North Range West. '..M., Flathead County, Montana. Flathead County Board of Commissioners (406) 758-5503 Joseph D. Brenneman Gary D. Hall Robert W. Watne May 1, oo iM. Johna Morrison, Inter Director '.cd Comity Planning & Zoning office 103 5 1 t Avenue West Kalispell, Montana 59901 RE: Preliminary Plat for OLD SCHOOL STATION Dear M. On this date, the Flathead County Board of Commissioners reviewed the pre b=' ary plat of old School Stations. The Board of Comnussioners has granted c6nditional approval to this request. A copv Of the conditions, Exhibit A, is attached for your reference. This preliminary plat approval is in effect for tbxec years and will expire on May 2, 200 . Please be advised the applicant, if he so chooses, can appeal any of the conditions placed on this plat based on the Flathead County Subdivision Regulations, Section 7.6, as set forth in the attached Exhibit A-1 Sincerely, BOARD o CoMNOSIONERS COUNI�Y, MONfAAA FLATHE Gary D. Hail, Robes W. Watne, Member .off . r n6&an, Member hmt-. Exhibit A, Exhibit A- I c; MT Venture Partners P. o* Box 1477 Kalispell, MT 599031477 y County Weed & Paiks'Dept.- Schwarz Architecture & Engineering oo Fina clal r., Suite 120 Kailp, MT 59901 County Road Dept. 800 South Mai ** .aiisDefl, Montana 1 "'� Fax � 0 7 - IRINIUMA Conditions, upon which preliminary plat approval has been granted to old School Station Us date of M . 12, 2005, are as follows: The interval subdivision roads shall b designed by a licensed engineer and constructed with a minimum. -foot right-of-way, a 20-foot travel surface, and 55- foot radius cul-de-sacs, in accordance with the Flathead County Subdivision Regulations. 2. The developer shall install a stop sign and road identification sign at the intersection of Demersville Road and all subdivision access roads in accordance with Section . 1 of the Flathead County Subdivision Regulations. The roads within the subdivision shall- be silted in accordance with the policies of the Flathead County Road Department and the Uni onn Traffic Control Devices Manual. 4. The developer shall obtain and show proof of valid approach permits for the subdivision from. the Flathead -County Road Department, 5. A letter from an engineer licensed 'in the State of Moto a shall certify that all improvements have been installed to specifications. This certification shall include all roadways, drayage systems: and sidewalks. . All intemaisubdivision goads shall be paved. 7. The applicant shall pave Snowline Lane and Demersville Road from its intersection with. Snowline Lane south to its intersection with Rocky Cliff Drive. . The developer shall e ca e a 15-Moot pedestrian/bicycle casement on Lots 1, 9. 10. 11, 12, and 1 along Demersville Road. . A propel owners association shall be formed which will require each proper owner to bear is/her pro-rata share for road maintenance of the interval subdivision roads and maintenance of Common Areas. 10, The applicant shall receive physical addresses and name all roads in accordance with, Flathead County Resolution 41626, The addresses and road names shall appear o the final plat. 11. Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County Weed Department ageed. 12. All store water, water and sewage treatment t facilities and drainage plans shall be approved by.the FIat ad City -Co my Health D e artme .t and the Montana Department of Enviro=ental Quality at the time of development. t. A dry sewer fine will be run from the Level II central collection system to the county Hght- of-wa . Conditions of Preliminary PlaVOld School Station Page 2 . A letter shall be obtained from the Somers akeside Fire District stating that the fire access and suppression system has been reviewed, approved and 'installed in accordance With its requirements. 14. .All utilities shall be placed underground to abut and be available to each lot, i accordance with a plan approved by the utility companies. Utilities and easements shall comply with Section 3.17 and 3.18 of the Flathead County Subdivision Regulations. 15, may lightin,,a, used for the business park shall be directed in such a way as to be contained with the boundaries of the property and shall be hooded, screened, or directed in a manner that it shall not be de rL en al t-o the ad of �g propel oVVners or the neighborhood. . The applicant shall provide a e ommon off s ree - mail pi ck-up facility and vehicular pull -off in compliance with Section 3.22 of the Flathead County Sub -division ReRulations. The following statements shall be placed on the face of the final plat, a, All address numbers shall be visible from the road, either at the driveway entrance or on the house. b. The propel owners association shall be responsible for maintenance of the private roadways and Common Areas} Roads shall e maintained, including necessary repairs and snow removal, to ensure safe all-weather travel for two- way traffic* C. All utilities shall be installed underground. d. Lot owners are bound by the soli disturbance and weed management plan to which the developer and the Flathead County Weed Department agreed, e. This subdivision is approved for uses authorized in the 1-1 zoning district only, y permitted or- conditional use permit as indicated in the regulations. Residential uses are strictly prohibited. . Waiver of Protest Participation in Special Improvement District (Owner) hereby waives any and all ri v to protest which it may have in regards to any attempt to be made by a local go e mental entity., to initiate a Special Improvement District which includes Subdivision, shoes on the plat therefore, for any of the poses related to roads, water facilities and systems, s, and sewer Conditions of Preliminary Plat/Old School Station. Page: facilities and systems, set forth in Sections --1 -210 and - `4102, M.C. ,; provided however that underta.d that (he/shefit/they) retain the ability .to object to the amount of assessment imposed as s result of the formation of a Special Improvement District, including - the right to obj ect on the basis that the property is not benefited by the Special Improvement District. Y agrees that this covenant shall nm to, with and be binding o 'the title of the real propel described above and shall be binding on the heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the red propel shoes on the subdivision plat for Subdivision 18. All required improvements shall be completed in place, or a Subdivision Improvement Agreement in accordance with Chapter 8 of the Flathead County Subdivision Re u.ad'o s shall be provided by the subdivider, prior to final approval y the County Commissioners. 19. The final plat shall be in substantial compliance with the plat and plans submitted for review, except as modified by these conditions. 20. The preliminary plat approval is valid for three years. 1. The developer will work with the Flathead County Road. Department to ensure dust control of Demersville Road south of Toys Lake Lane until such thne that emesile Road is paved. BOARD OY7 C4MN[IS UNERS. FLATHE GOUN , 1 0 �' A Gary D. Hall, Ch zrman Robe W. Wat.e, Member o rennema ., Member EXHIBIT .-1 T6 APPEALS: Any final -action, decision, or order of the o rnmbody or a relation adopted pursuant to these relations that is aril or capriciou5 is subject to appeal to District Cow. (See Section 76-3 M,C.. DISCUSSION I Where was no discussion. ROLL CALL The motion passed nano* no sly on a. roll call vote with Gabriel absent. M N ANA VENTURE A request by Montana Venture Partners, LLC for an initial PARTNERS, L C INITIAL zoning designation of l- 1, Light Industrial, on appro=ately ZOMNG REQUEST 55 acres located east of Rocky Cliff Dave and Highway 93 South. STAFF REPORT KA-5- 11 Nara Wilson, with the Tr -City Planning Office, gave a. presentation of Staff Report KA-o - 11, a request by Montana Venture Partners, LLC for an initial .m g designation of l- on approximately 55 acres located east of Rocky Cliff Drive and Highway 93 South. Wilson stated that this property was a=e e , to the city o . e 6, 2005 and is located 1.9 des south of the current city =ts, off ` of Rocky Cliff Drive, east of the Ce .ex fuel storage, and southeast of Ashley Creek. It is entirely out o the 100 year flood plan. She said the property owners got a Master plan a a..e . rme t from the County; the property was zoned County l- , Light Industrial, and the p -ems. ary plat was approved for a 55 acre subdivision with 16 lots, to be known as Old School Station. Wilson explained that the Kalispell city Manager talked with the developers about partnering with the City for a business/ industrial park. She said she has been working with the developers to assign are appropna e zo=g designation. Nilson said the property was annexed on June 6 by the city Council without a. zoning designation, and that is not the typ cal process. There may not have been adequate consideration given to legal issues relating to the zoning, and growth policy for the area. She said this is out beyond the growth policy boundary and potential utflity service area by about a mile and there is no groom policy land use designation, in the area. As a result the master plan amendment,, the Flathead County Master Plana designates the properly as Industrial. But the Light Industxial for the county is different than the City's designation. She said the County designation much Broader that the City's designation since It does not include retail, office or lighter service uses. Wilson said that currently here are issues with. the provision of p bhc services to the property, since the severer and gaiter are apprwdmately 2 miles away; the property lies on a unpaved road. She stated the propel owners intend o some pang to the site along B o dine Drive and eraser ville Road and to connect to surer that would be eNtended at the developer's expense. She said the character of the area is a mix of industrial commercial uses, the river is to the east, Kalispell City Plaming Board Al es of the special meeting f June 11, 1 there is meted residential to the north and east, to the south is commercial and. some residential. She said there is a. lot o floodplain in the area and the surrounding zoning is a mix o large tract agricultural to the east, tznzoned property to the south. . She said there is a mix of uses towards the # ood lain to the north., mostly rural residential and agricultural, and very intense commercial and Mndu trial uses to the merest along the Hwy 93 corridor. She said the intent of the Council was to provide facilities and create a. tax base and jobs, and provide an opportunity for redevelopment of the Hwy 93 corridor with the extension of utihties, Wilson finished by stating that staff is recon=ending the Kalispell City Planning Board and Zor,��,r.�. Commission adopt staff report KA-05-1 as fmdingsof fact and forward a re ar= nd.a.t on to Kalispell City Council that consideration e given to the issue that this ro 'rty is currently outside 3 the Kalispell Growth Policy 2020 boundaries and anticipated potential utility semce area. As part of a. comprehensive review, this property should be considered to be Mclnded as part the Kalispell Growth o c r 2020 and the Potential Utility Service Area Bolandary as well� as the Kalispell Future ,hand Use Map. E fir'} � Based pon re .o s actions y the Ka ell City Council upon and the Flathead County Board. of Commissioners, it would � appear that the most appropriate zoning for this property would be -5, Commercial Industrial, because of the close association of the uses between the City B-5and the County 3 l- 1 zordng." QUESTIONS Y THE Taylor coned that staff is recommending 5 and not l- I, BOARD e and that the includes office uses. 5 f� Wilson gave Taylor a copy of the Flathead County Zonm' � x Regulations and stated she really did not know how else to x 3 evaluate the proposal. PU13LIC HEAEUNG The public hearing was opened to those who wished to spew f on the issue. APPLICANTS/AGENCIES ndy Mier, 175 East Many Lakes Drive, stated that this was done very quickly and it was approved by the Flathead County Commissioners and County Planning Board. The City came to then and asked if they o it d consider annexation 3 to the City. He said they had had meetings with landowners about putting in sewer and waiter des, but no one else wanted to connect, He said they wanted to make t 'ie commitment and spend three million dollars to bring grater and sewer to the property, and the City is considering TIF � district to help with the infrastructure. He said he and Kalispell City Planning Board Minutes f the special meeting of June 21, 2005 Wilson stated they tried, to come up with the closest City zone to the co - - 1. Taylor asked if they would agree to the B-5 zone, Miner said yes. Schutt asked why this process is moving so quickly. Mier said from his perspective, the hurry is to try to set a standard in Kalispell for Industrial Commercial properties, they are looking at building a. distribution facility, and some other commitments, .ts, and they are taring to develop real infrastructure for upscale jobs and a. good economy for the vaRey, He said the su div sion prat vent dough the county process, and all uses wffl be allowed in the city B-5 zone; they will not put in things that are incompatible with their project_ Sc .tt asked what the City wffl get out of this deal. Miller said they are under pressure rorxr people who are moving here to start businesses, and there are lots of tangs that make it difficult for Light Industry to come ire , He said that and stay warts public water and sewer. . M EQ's review of their septic system word be approved 6 to 8 months from now at a. minimum, and his clients don't wart to gait that long. He said that when the City eventually grows to the area, they will be able to tap into the sewer line and they will get latecomer fees. He said they are investing in the future, not Jiist today. Norton said he does not believe any animosity lies with the developers, but in how the project came before the Board. Paul Wachho t , 183 'a�r- ay Boulevard, stated that he needed 10 acres to relocate Fury. Beverage, and he found this property. He said he needs to get these projects ahead of the people so that infrastructure is there, and the south cor 'd.or has been redesigned and redeveloped, and is in a hodgepodge fashion along the highway. He said they were approached by the City, and this was an opportunity to relocate major businesses; they started with the county because se that is where they were. He said this is a great deal for the tax and job base and to protect the south corridor. He said the easement is there for seiner and waiter, and people need to know where they can build, and nothing is available in Kahspeli right now. In response to a comment, he said they were totally approved by the county, and there is not a single commercial business that does not ask about water and sewer. He said the lots will not be subdivided, and they chose the area for its access to the highway. Tavlor stated that he wondered whv someone did. not cal, the Kalispell City PlanningBoard Minutes of the special meeting of June 2 1, 21005 Board about this project and that they were margma.11 ed. He' feels we are shooting ourselves in the foot by not following the process. Norton stated he would like to applaud them for extending the services and that the City will benefit from their project. The process that was taken is the problem. PUBLIC COMMENT Lorraine Reed, 705 Dernersvffle Road., stated that she is here to find out what is going on. She said. she is corn erred for the neighborhood, and this project will be a big impact-, she lyres less than a mile north of the project, and this wiH hugeiy impact the amount t of traffic on that road.. She said Mr. Wachholtz had said. he will do some paving on Demersville Road, and that the county opted for the developers to pave Snowline Road instead. She said there will e one nailc of unpaved road to the north beyond this proper. She also said she does not know what the -5 allows, and hopes that It is light industrial and not heavy industrial; the neighborhood was not very weft notified because of the location of their properties. No one else wished to speak and. the miblic hearing was closed, MOTION Norton roved and Taylor or seconded to adopt Staff Report KA- 05- 1 as fmdin s of fact and, based on these f.�.r�di . s, recornmend to the Kalispell city Council that the initial zoning designation on this property -be B- , Commercial. I BOARD DISCUSSION I Hull said he has no problem with the project, but he has concerns that It may lead to a bunch of stri.p development, and lots of stop h h.ts along the highway. He said It rmght be. a good thing and it may charge the economy. Norton asked that this area be moved to the top of the work session agenda, because it wiH develop quickly. He also stated that just because the developer has the funds and a good plan, that was no reason to set aside legalities,, traditions and proper procedure, and all projects should go 5 through the proper channels. He said the Board could cut off its nose to spite its face and table the issue to show the Council they dial not appreciate being marginalized, but that' would not be i the best interest of the City and its citizens F 'Taylor stated he had met With the City Manager on work F session items and they also discussed .ssed this project, and Mr, Patrick was well aware of the fact that the Board was left out of the loop on this; Taylor sincerely: beheves it was a one time incident and It won't happen again. He said he wants to talk about being proactive and not reactive on Growth Poll Kalispell City Planning Board Tuts of the special meeting of June ,1 , 2005 items. Schutt stated he feels the on ; should be - 1 , and that the -5 would be relatively loose, and if we want an indu t al park there, we .should zone it indal. 2 Wilson said the -5 is much less restrictive, and there is a i greater latitude of .ses M' the B--5. She said that I-1 would ' not accommodate what the developers want to do and that i z the B-5 fits county - 1 closest. E�E f s Schutt stated that the -5 would let in a whole lot of uses that were not tied to this job -making opportunity. MOTION — AMENDMENT Schutt moved and inc. ey seconded that the zoning on this rc-peaty be - 1, Light Industrial, instead of -5. FURTHER DISCUSSION d c that Schutt feels the -5 is to and Norton confirmed "c r 1 is it - I in orderto restrict ghat is allowed there. Taylor said the synergy is already there, and the developers are not thinking .bout a to ermi t,etc; they already y v their the .ts Im'ed up. He said we don't know what it is, and 3 we have to take it on faith, but he does not think we have to F worry because the control is already there. He said that E something should W said for the developers nd their reputations, and he does not Feel they would be coring F before the Board with the idea that just anything can go M 3 that park. Norton said there are only 27 different t uses allowed the - � 5, but the intent f the - 1 also allows "adult -type"' uses. He said we should leave it B-5 if it is going to work for the developer, and we should be stepping up to the plate and e I willing to be lenient. Wilson, stated in defense Schutt, there s m for I i dodo effect up and down the cam., and once redevelopment starts, how will thatlook? She said that c mdor standards will e Important and it is imperative they get done, but she i i. han * + her conun a ; it is appropriate for that project. ROLL CALL - AMENDMENT The amended motion failed 3-3 on a roll vote, with Norton,, , Hinchey and Taylor voting against, and Schutt, Hull and Albert voting in favor. ROLL CALL MAIN The anain motion passed unanimously on a r U cal. vote. MOTION --------------- 3 Kalispell i Planning hoard Minutes of the special meeting of June 21, 2005 OLD BUSINESS CONTI ; MONTANA VENTURE Taylor rioted that there is another .er item n er old Business ZONING , that is not on the printed agenda,, which is Staff Report K.- REC NS RAI N ea 0 5 - 11, Montana Venture om'ng issue on D 3 acres in the ar { of Rocky Chff Dave and Highway 93 South, know as old School Station. Specifically the Chair is asking for a reconsideration of the zoning designation. MOTION Taylor moved and. Hinchey seconded to reconsider the recommended zoning designation atio for the Montana Venture � 1 Partners property souffi of Kalispell. 3 ROLL CALL The motion passed -1 on a roll calf vote, with Norton voting in opposition.. MOTION Hinchey moved and Taylor seconded that the Kalis efl City Planning Board & Zoning Commission change the zoning recommendation for the Old. School Station Business Park from B- ln. strial-Comae -c .al to (Light Industrial). BOARD DISCUSSION Hinchey said that he was troubled by the designation recommended at the June 2 I t meeting and in reviewing the zoning ordinance he feels that there shouldn't be another business district south. of Ka. s el. H c ey added that l ndustrla.l is the a ro n'ate zoning for the area and the } proposed uses of the property are Aflowed within the l- lesigna.tion. Taylor asked City Manager Patrick who was in the audience to participate in the discussion.F Patrick noted that the developers elopers are err comfortable with the l- I designation and what they would do is ate out the uses through their CCU s. Patrick added that Bond counsel also felt that Light 3 * Industrial zoning would be a more appropriate si gna.tlo .. Taylor sac that the board has to think not only in teas o thisdevelopment biit ever thm* g else that could be developed� along that corridor. A better beginning is by far are. - I � 3 designation, Patrick agreed.. Wilson said when the developers pit together their CC 's they need to understand that the uses in their CCRs are lirru'ted to ghat is in the - 1 zoru*ng and they can't amend the uses In the industrial park simply by including them in the CC 's. The uses can be more restrictive but they are"t naake them less restrictive. Patrick said the intent would be to be i more L+w triive. 3 { Hall asked where this change came from. Wilson said. from Kalispell City Planning Board Minutes of the meeting of July 1, 121005 the board and noted there were some sleepless nights after r the last meeting over the recommendation on the ora'g are 3 2 there was some discussion r gar ing reconsideration of the recor=endation before it was transmitted to the city council. Taylor a.dded that he spoke with the City Manager regarding the im'sgivings of some of the board members and � .r endation. their interest in reconsidering the recommendation. Norton asked the board members rs to explain why they 3disagreed with the -5 zoning. Schutt said that he didn't feel55 � 3 acres of highway orientated commercial activity was 2 a.rorIa.t` for the gateway into Ka€... The process was moving r afly fast and by a low g t - 5 zoneand not E being part of the process for fbrth r re-0ew it seemed Hk' a. 3 land rush instead Clanduse planning. Schutt added that it � didn't seem appropriate to have someone request an industrial park and their the board recon=ends -5 , on g. Patrick reviewed his discussions with the developers, industrial ial and technology tax �rroroment funds, potential tenants, ts, and setting up the tax fta or ment district, ROLL CALL The r aotion passed unanimously on a roll call vote. NEW BUSINESS. f AMENDMENT TO THE a. result of the hang in the expiration of the planning KALISPELL CITY PLANNING board appointments tments as woil as the reorganization of the' BOARD -LAWS planning office from the Tri-CityPla nfi g Office to the Kalispell Plan rig DeparLment, the Kalispell City P annmg Board and Zoning Commission's for ' By -Laws should amended to reflect those changes. STAFF REPORT Nara Wilson, with the Kalispell Planning Department z 3 ¢ amendments reviewed QUESTIONS Y THE Where cra iscussion r gardi g the need to provide a period BOARD of rebuttal for the public and apphcant before the public hearing is closed. The board decided that they should E provide the rebuttal pen*od for clarification of items that had already been presented and a time limit should be imposed: for each speaker, the lerigth of which would be detem-iined y the Board President. MOTION Hinchey moved and Schutt seconded to approve� amendments nts o the Kalispell City Planning Board BY -Laws as f F presented. ROLL CALL z L The motion passed unanimously on a. roil call vote. JADJOURNMENT The meeting was adjourned at ap rwd at . 10:3 0 p.m. . m. h e-eft me L+ in the Kali 4 fl Clt4+�.� .Jw H �.JF. 4i.\.+Ik Zoni Kalispell City .Manning Board Minutes of the meeting of . uiv 12. 2_005 ... .-_.---_" ,...Y Y� y .._..._. 49 y7a j •- . _ply :`.'iPi .; :ens 4~ ry--� �•k .r-.-•-,^ .r lit i iiii N W WillYy o- L� .},..�^yam y -~• .1Y. \ 5 {�"� ~\ I a it ' � kNom . c 1 0 t Y A, 16-5 i { \% zi omm ET so , A t %1 L WE 'y . ~ *,. !1 _ ir Fr G IR f1�F. f!1 SAG5 ...{ I' Zl� fit AG-80 ILI is ik ~i �*......,.,.� emu......-,----..�; .... .. ... „�.............^ ^ ..... � �� �� �� -�*--- .:,�� Ord• � �-^--,.-.,.-.�-�.--..~�� �;:: � � i .w -• � ,rn� ~ Z 7•, .w ,rr•-•..,+'}Y, M1� q'r' ' OWL Im go --80 { .i AG. Lu sum c z S ¢ x ;CIF`.. .......... . SAG.�r& e-,,,N++�-_,..,�...,n,.�.�...,...k,.w.�.......�»......,,----•,-•-,--^v-.-.......�e.••,w.....Y-�..�-,-...-.-.-...,-,r.w..r-� ..,.+w....-. ^ �,,. �� ���G--l .�..Mu+-••.'+�"'�� '•r �----+h Lu FO VIS.7 B':END - ~ . iow ; k 06 ct ro } N x t pe 5 7;., A G P-8 4a 1-2 or \ �\ ;� 3 CLJFF� am NO \ 5 1# } - ~+w�• mot` VICINITY MAP SCALE 1 1700" MONTANA DENTURE PARTNERS, LLC REQUE'k::-�;T FOR ANNEXATION & INITIAL ZONING OF I-1 (LIGHT INDUSTRIAL) FROM COUNTY 1-1 ( INDUSTRIAL) DISTRICT ON APPROXIMATELY 5-5 ACRE� PLOT DATE 0 CERTIFICATION APPLICANT. Montana Venture Partners, LLC TCPO FILE NO: KA- 511 - the undersigned r- that I did this date mail via First Class mail a copy of the attached notice to the following list of landowners aLdjoining the property lines of the property that is requesting; annexation. Date. Lot/Tracts# Parcel A - GC1S # 16337 Property Owner Mail Address, Montana Venture Partners, L C r* 1477 Kalispell, MT 59903-1477 AND ATTACHED LIST Montana Venture Partners, LLC P.O. Box 1477 Kalispell, MT 59901 Richard & Tammy Center P.O. Box 22 Kalispell, MT 59903-2726 Susan M. Stroia 33 Dix -Toledo Road Southgate, MI 48195 Quentin& LaDona Vitt 260 Vitt Lane KaeH, MT 59901 NC 109 Cooperative Way, Ste 110 Kalispell, MT 59901 Northwest Investments Peak Development, LLP Partnership 3 Meridian Court, Ste 3 3 Meridian Court, Ste 3 59901 KalieU, M59901Kalispell, �' ' Heritage Operating, LP Northern Energy, Inc. P.O. Box 6789 P.O. Box 6789 Helena, MT 59604 Helena, MT 59604 Ted & Lorraine So alw k. Gregg & Debora Hamel 225 Sowii-ne Lane 155 Auctiona KahspeH, MT 59901 Ka ell, MT 59901 John Cum Flathead. County 855 Demersville Road. 800 South Main Kalispell, MT 59901 Kalispell, MT 59901 Burlington Northern Santa Fe 2500 Lou Berke Drive Fort Worth, TX 76131 Tri*,City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Fax: - 1 5 rii nturvtel. net WW Aricityplanning-mt.corn You are being sent this notice because you are a property owner within 150 feet 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 - NOTICE OF PUBLIC HEARING KALISPELL CITYPLANNING BOA AND ZONING COMMISSION June 2, 2005 The regular meeting of the Kalispell City Planning Board. and Zoning Commission is scheduled for Tuesday, June 21, 2005 glnn2ng at 7:00 PM In the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will bold a. public hearing and take Public comments on the following agenda items. The Board will make e a recommendation to the Kalispell City Council who will take final action. A request by Montana Venture Partners, Inc. for an initial zoning designation of 1-1, Light Industrial upon annexation to the City of Kahspell on appromimately 55 acres. The property is located approximately two miles song, of Four Corners on the east side of erasers ille Road. south of North Foys Bend Lane and north. of Rocky Cliff Drive. The developer intends to develop a 16 lot subdivision known as Old School Station.. The property can be described as Assessors 'bract 2 or Parcel A of Certificate of Survey No. 16337 in Section 33, Township 28 North, Range 21 Nest, .M.M., Flathead County, Montana. 2. A request by Dave Marquardt & GPR , LLC for an initial zoning designation of B- , General Business, upon annexation to the City of Kalispell on approximately 1. 2 acres. The property is located on the south side of Apple ray Drive and west of Meridian load appro>dmately 300 feet. An application for preliminary plat approval of a. six lot commercial subdivision known as Appleway Business Park has been filed concurrently. The property can be described as Assessors Tract 1.4 located In Section 13, Township 2 North. Range 22 West, P.M,M., Flathead County, Montana. 3. A request by Dawn Marquardt GPRR, LLC for preliminary plat approval of Apple ray Business Park, a. one lot commercial subdivision containing approximately 1. 2 acres. A request for annexation and are initial zoning designation of -2 has been filed. concurrently with this application. The property can be described. as Assessor's Tract 1.4 located in. Section 13, Township 28 North, Range 22 West, '. M.M., Flathead County, Montana. 4. A request by Westwood Partnership for a Planned Unit Development zoning overlay o property zoned A-1, Low Density Residential Apartment. The PUD will be kno vn as Westwood lark and proposes 34 delllrg units on approximately 8.97 acres. The development consists of five three unit townhouses comprising 15 dwellings, 9 two unit townhouses comprising 18 dwellings and one single family residence. The developers are proposing a reduction in the setbacks in some instances. The property is located at the northern terminus of Corporate Way between. Two Mile Drive and Hwy 2 West. A request rvidli g Community Planning Assistance To: • City Columbia Fails * City of Hallispell • City of Whitefish • for preliminary plat approval of Westwood Park Subdivision has been filed concurrently with the PUB request. The property can be described as Assessors Tracts 2CK, 2CH and 2CB locate. in Section 12, 'township 28 North, Range 22 West, P.M.M., Flathead County, Montana. A request by Westwood Partnership for a preliminary plat approval of Westwood Park Subdivision. The subdivision consists of 34 dwellingunits on approximately . acres that would include fie three unit tovmouses comprising 15 dwellings, 9 two unit townhouses comprising 18 dwelli s and one single family residence. A plannedunit development has been submitted with the preliminary plat that will show the location of the buildings, s, elevations and the outline for the phasing of the project to allow some flexibility irl the setbacks of the RA-1, Low Density Residential Apartment, oning district. The Propel is located at the northern terminus of Corporate Way between Two Mile Drive and HuT 2 West. The property can be described as ,assessors Tracts 2CK, 2CH and CE located in Section 12, Township 28 North., Raze 22 West, P.M.M., Flathead County, Montana.. . A request by Charles and Mickey Lapp for preliminary plat approval of Blue Heron Estates Phase 2 . The subdivision consists of the conversion of four single family lots to two unit townhouse lots for a total of 8 townhouse .nits on apprmdmately 1.018 acres. conditional use permit to allow the creation of the two unit townhouses in the -2, Suburban Residential zoning district was previously granted. The property can be described as Lots 23 3,, and. 4 of Phase I and Lot 26 of Phase 2, Blue Heron Estates Subdivision located in Section 2, Township 28 North., Range e 2 'west, P.M.M., Flathead County, Montana 7. A request by Maple Grove Plaza, LLC for an initial zoning designation of B-3, Community Business, upon annexation a.tion to the City of Kalispell. The property contains approximately .4 2 of an acre and is located at the northeast nor er of 8th Avenue EN and Washington Street, The property can be described as Assessors Tract 30KA located In Section 8, Township 28 North., Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection at the ` ri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. ffiterested persons are encouraged to attend the hearing and make their views and concerns known to the Boar.. Written comments may be submitted to the Tri -City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at o6) 751-1850 or e-mail at tr.icItvnardgQcentuKyteI. net for additional information. Sincerely, Nar a A. Wilson Senior Planner