5. Resolution 4902 - Annexation - NIPO, LLCTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Annexation and Initial Zoning of B-2, General Business, for
NIPO, LLC Four Corners Area
MEETING DATE: June 21, 2004
BACKGROUND: This request was previously scheduled before the Kalispell City
Council for consideration at their March 3, 2003 meeting at which time the request
was withdrawn by the applicant because of concerns expressed by the council that
utilities may not be available to the site. Since that time the utility issue has been
resolved and the City has committed to installing the infrastructure concurrent with
the reconstruction of Hwy 93 to Four Corners. The property owners would still like to
annex this property in order to have access to the utilities when they are completed.
Hence, this matter has again come before the council for consideration and action.
This is a request by NIPO, LLC for an initial zoning designation of B-2, General
Business, upon annexation into the city of Kalispell on approximately 9.33 acres that
lies between Hwy 93 south and Willow Glen Drive north of Lower Valley Road. The
property is currently in the County zoning jurisdiction and is zoned B-2, General
Business. This zoning district is intended to serve the traveling public and has been
located along major highways and thoroughfares in the county. The property owner is
requesting City B-2, a General Business zoning district which is similar in intent and
the types of allowable uses as the County B-2 zoning. The B-2 district is intended to
provide areas for retail sales and services which might require outdoor display of
merchandise and would service the general needs of the motoring public. The B-2
areas in the City are typically located along major transportation. The property is
being annexed in order to receive City services when they become available with the
extension of the utilities with the reconstruction of Hwy 93 South to Four Corners.
Currently City utilities are located approximately to the north of the property near the
end of the City Airport runway. This property is currently undeveloped and would be
the intent of the property owner not to develop the site until such time as the utilities
would be available. Demands on public services would be generally non-existent
until such time as the site becomes developed. An extension of services plan has
been included with the information associated with this request based on the current
situation since the type and value of the development of the site is unknown.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
NIPO LLC Annexation and Initial Zoning
June 16, 2004
Page 2
On February 11, 2003, the Kalispell Planning Board held a public hearing to consider a
recommendation to the city council regarding appropriate zoning on the property. The
representatives of the property owner explained his desire to connect to City services
when they become available. The Kalispell City Planning Board unanimously
recommended to the city council the assignment of B-2 zoning for the property upon
annexation to the city.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for B-2
zoning upon annexation would be in order.
FISCAL EFFECTS: Some potential positive effects once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
'l ( N iYlc C"
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 16, 2004
c: Theresa White, Kalispell City Clerk
Attachments: Schwarz Eng letter dated 6/9/04 requesting reconsideration
of annexation
Transmittal letter
Staff report KA-03-1 and application materials
Minutes from 2/ 11/03 planning board meeting
H: \FRDO \TRANSMIT\KALISPEL\2003 \KA03-1 MEM02DOC
RESOLUTION NO. 4902
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 29, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS FOUR CORNERS ADDITION
NO. 321; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL
ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from NIPO, LLC, the owner of property
located between the east side of Highway 93 South and Willow Glen Drive north of
Lower Valley Road, requesting that the City of Kalispell annex the territory into the
City, and
WHEREAS, the Tri-City Planning Office has made a report on NIPO, LLC's Annexation Request,
#KA-03-1, dated February 4, 2003, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-2, General Business, upon annexation into the City of
Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL; OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described on Exhibit "A" be annexed to
the City of Kalispell and the boundary of the City is altered to so provide, and shall
be known as Four Corners Addition No. 321.
SECTION IL 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 of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
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 property shall be subject to all debts, laws
and ordinances 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 III. The territory annexed by this Resolution shall be zoned in
accordance with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 21ST DAY OF JUNE, 2004.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT "A"
Land located in the Northeast Quarter of the Northeast Quarter of Section 29, Township 28 North,
Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly
described as follows:
Commencing at the Northeast section corner of said Section 29, indicated by a found aluminum
monument and which point is the true point of beginning;
Thence S00° 19'08"E, on and along the East boundary of said Northeast Quarter of the Northeast
Quarter, a distance of 827.51 feet to a point; thence S89°40'52"W, and leaving said East boundary, a
distance of 30.00 feet to a found 518" rebar and which point lies on the West right-of-way boundary
of a 60-foot declared County road known as Willow Glen Drive; thence S 12' 11'34"W, on and along
said West right-of-way boundary, a distance of 94.70 feet to a found 518" rebar and which point is a
point of curvature; Southwesterly, on a curve to the right (delta = 26°07'05", radius = 328.08 feet
and radial bearing = N82°24' 19"W), an are length of 149.55 feet to a found 5/8" rebar and which
point intersects with the East right-of-way boundary of U.S. Highway 93 and which point is in the
midst of a curve; thence Northwesterly, on a curve to the left (delta = 09°51' 17", radius = 2972.43
feet and radial bearing = S68°36'47"W), an arc length of 511.25 feet to a found 5/8" rebar; thence
N34137'28"W, on and along said right-of-way boundary, a distance of 454.04 feet to a found 5/8"
rebar; thence N41°12'07W, continuing on and along said right-of-way boundary, a distance of
116.00 feet to a found 518" rebar; thence N33 °04'41 "W, continuing on and along said right-of-way
boundary, a distance of 173.83 feet to a found 5/8" rebar and which point lies on the North boundary
of said Northeast Quarter of the Northeast Quarter; thence S89°35'48"E, on and along said North
boundary, a distance of 753.33 feet to the true point of beginning.
These tracts contain a total of 9.333 acres and subject to and together with a 60-foot declared County
road along the East boundary as shown hereon and subject to and together with all appurtenant
easements of record.
ARCH ITECTI In G
�T1
June 9, 2004 sc1-WARZ
Ms. Narda Wilson
Tri-City Planning Office
17 Second Street East, Suite 21 1
Kalispell, MT 59901
Re: Annexation and Initial Zoning of B-2, General Business for NIPO, LLC
Four Corners
Dear Narda:
A petition for initial zoning was submitted on the subject property referenced in Staff Report
#KA-03-1 dated February 4, 2003. The Kalispell City Planning Board recommended approval
of a B-2 zoning on the property. In reviewing subsequent council discussion, it appears that
the decision on initial zoning was tabled due to questions regarding availability of city
services.
At this time, it is our understanding that city water and sewer services have been extended to
the site. The subject properties have been sold and are now owned by Triple B Enterprises,
LLP. We are currently in the process of preparing plans for a new automotive dealership to
be located on the subiect properties and anticipate submitting our plans to the Kalispell
Building Department for review later this summer.
On behalf of Triple B Enterprises, LLP, we ask that the Kalispell City Council continue discussion
on the initial zoning request and proceed with annexation.
Should questions arise regarding the referenced project or the current plans for the subject
parcel, please do not hesitate to call our office.
Sincerely,
SCHWARZ ARCHITECXRE & ENGINEERING, Inc.
n P. Schwarz, P.E.
Cc: Jeff Brown
Bob and Bart DePratu
Chris Kukulski
Project File # 19015.03
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SCHWARZ ARCHITECTURE AN[) ENGINEERING, INC. I
100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406-755.1333 - Fax: 406.7551310 - www.schwaraae.cem _�
April 24, 2003
Mr. Chris Kukulski
City Manager
Kalispell, Montana
Reference: Annexation of Four Comers Property
Dear Chris:
On behalf of our client NIPO we hereby request that the above referenced annexation be removed from your agenda for
approval at this time. Thanks for your time on this matter.
Sincerely,
JACKOLA ENGINEERING AND ARCHITECTURE, P.C.
or A. Jackola,
(P)406.755.3208 (F)406.755.3218 PO Box1134 -1830 3rd Ave E Suite 302, Kalispell,MT.59901
all local governments to adopt the same codes in order to maintain their certification with the State.
Ordinance 1444 passed on first reading January 21.
Counsell moved second reading of Ordinance 1444, an ordinance to amend Ordinance No.
1416, adopting, by reference, the "International Building Code", 2000 Edition, and the
"International Residential Code", 2000 Edition, as the building codes of the City of Kalispell
and applicable to the jurisdictional area thereof; subject to the amendments made, adopted
and approved by the Building Codes Bureau, Department of Labor and Industry, State of
Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto;
and establishing an effective date. The motion was seconded.
Larson asked if there is a companion code in the International Fire Codes.
Kerzman answered the State is still using the Uniform Fire Code so there will be disconnect between
the International Codes and Uniform Codes.
The motion carried unanimously upon roll call vote with all members present.
ORDINANCE 1446 — WARD BOUNDARIES ADJUSTMENT —1ST READING
Every ten years following the federal census cities are required to examine voter wards to determine
whether they are fairly proportioned. The Tri-City Planning Office has examined the Census 2000
block data and Ordinance 1446 adjusts the ward boundaries to be consistent within two percent
Kenyon moved first reading of Ordinance 1446, an ordinance amending Section 6-1 of the
Kalispell City Codes (Ordinance No. 1341) by re-establishing the boundaries of the wards of
the City. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all members present.
RESOLUTION 4775 — ANNEXATION REQUEST — NIPO, LLC
NIPO, LLC is requesting annexation of approximately 9.33 acres of undeveloped property located
between Highway 93 South and Willow Glen Drive north of Lower Valley Road.
Kenyon moved Resolution 4775, a resolution to provide for the alteration of the boundaries of
the city of Kalispell by including therein as an annexation certain real property, as more
particularly described on Exhibit "A", located in Section 29, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, to be known as Four Corners Addition No. 321; to
zone said property in accordance with the Kalispell Interim Zoning Ordinance, and to declare
an effective date. The motion was seconded.
Kukulski gave a staff report stating this is vacant land that is not contiguous to the City. He asked the
Council to compare this property to that of the Willows, which was annexed in its raw state and also
not contiguous to the City. In addition, when the US Highway 93 South project is done, the urban
standard will begin at Four Corners with sidewalks, curbs and gutters.
Hafferman read a written statement outlining why this annexation should not be before the Council.
(Statement is attached and by this reference is made a part of the official record)
Kalispell City Council Minutes
March 3, 2003
Page 2
Counsell stated he's also concerned about the ISO rating if we continue to annex property further
and further south. He said the property is not contiguous and it would be a mistake to annex this
property at this time.
Kenyon asked Garner and Brodehl to respond.
Brodehl commented the ISO rating is only impacted by structures outside the mile and a half
response area. He said bare ground would have no effect.
Gamer stated the annexation would require very little enforcement now, but would require more in
the future when the property is developed.
Olson said the Council may be acting too quickly if it approves this annexation, asking what if the
highway project isn't built for many years.
Hansz answered the contract is expected to be let in December, 2003 with construction to begin the
spring of 2004.
Larson said his biggest concern is the ISO rating. He said the City has constantly been trying to
reduce the rating, yet a lot of times it does things contrary to that. In addition, he's still not
convinced that the Council has agreed to extend utilities to Four Comers.
Kukulski emphasized a resolution has been passed committing the City to extending those utilities.
Jentz stressed that when someone asks to be annexed, it's usually for a very specific reason. He said
it's not easy to annex a piece of property, adding it would be easier to install a septic system and
well. Jentz said the developer would like to be annexed, whereas many others have opted to stay out.
Leistiko commented he's sure the developer is aware that if the property is developed before the
highway project is complete it's going to cost a sizable amount of money to run sewer and water to
his land. He said he's not concerned about the vacant land, but he is concerned with the ISO rating
and if it's not necessary to annex this property at this time, then the City shouldn't be doing it.
Hafferman reminded the Council that the requirement that a developer is responsible for
infrastructure has been on the books since 1982. He said he wasn't on the Council when the
commitment was made to extend utilities, but if he had been, he would have emphasized it's in
violation of the City's existing rules and regulations.
Atkinson said it's a Catch 22, the City wants to annex undeveloped properties, but it also has a
policy not to annex land that's not contiguous. He said he agrees with Hafferman that the Council
should have looked at other options to extend sewer and water to that area, however, a resolution has
been passed and promises made. Atkinson said even though he voted in favor of the request at the
Planning Board level, he didn't see any compelling reason for the annexation and the City should
follow its policies and pass on the annexation at this time.
Olson moved to table Resolution 4775 for sixty days. The motion was seconded.
The motion carried upon roll call vote with Atkinson, Kenyon, Leistiko, Olson and Mayor
Kennedy voting in favor, and Counsell, Hafferman, Larson and Peters voting against.
Kalispell City Council Minutes
March 3, 2003
Page 3
ORDINANCE 1447 — INITIAL ZONING — NIPO LLC —1ST READING
NIPO, LLC is requesting a zoning designation of B-2, General Business, for the property listed
above. It is currently zoned County B-2.
Olson moved to table Ordinance 1447 for sixty days. The motion was seconded.
The motion carried upon with Hafferman voting against.
SCHOOL DISTRICT 5 INTERLOCAL AGREEMENT — RAWSON FIELD
School District 5 has requested that the City Council approve a five-year agreement to allow off-
street parking on City property adjacent to Rawson Field.
Larson moved the Mayor be authorized to execute the Interlocal Agreement on behalf of the
Kalispell City Council with School District 5 concerning parking at Rawson Field. The motion
was seconded.
Kukulski gave a staff report.
Atkinson asked if it's understood that any improvements made to the property by the School District
becomes the property of the City once the agreement has ended.
Kukulski answered that's correct.
Atkinson commented the City has requirements relative to parking lots, specifically that they be
paved. He asked if this area will be paved.
Kukulski said that has been discussed and the bottom line is that school districts don't necessarily
have to follow city ordinances, and in this case it's beneficial to both parties not to have it paved.
MAYOR/COUNCIUCITY MANAGER'S REPORTS
Hafferman asked that both issues presented by the public this evening, the residency requirements
for elections and the sign ordinance, be placed on a work session for discussion.
Mayor Kennedy noted another issue for a work session is the NIPO annexation.
ADJOURN
The meeting was adjourned at 7:57 p.m.
ATTEST:
Theresa White
City Clerk
Approved March 17, 2003
f
Pamela ;
Mayor
Kalispell City Council Minutes
March 3, 2003
Page 4
Atkinson questioned lots 3D and 3F and Wilson answered that,
yes, they were out of the subdivision and one property owner
was in the audience. She said they were' interested in
connecting to City services once they became available and
would be required to annex at the time of connection.
Norton asked the developer if they had a deadline on each phase
for completion and Stauffer said there was a time period for final
plat approval of 3 years. He said they would like to proceed
faster, depending on how the lots sell.
Van Natta complimented them on a well laid out subdivision.
He noted a concern about the bank on the road not allowing for
site distance and said he hoped it would be graded. He asked
that be suggested to the engineering department.
Atkinson asked if the cul-de-sac had gone through site review
and the Fire Department and Wilson said that was a design
issue. When the roadways were designed it would be reviewed
by the Kalispell Public Works Department for compliance with
the Kalispell Design and Construction Standards and would
need to comply.
ROLL CALL !MAIN) f The amended motion passed unanimously on a roll call vote.
NIPO, LLC INITIAL A request by NIPO, LLC for an initial zoning designation of B-2,
ZONING General Business, upon annexation into the city of Kalispell on
approximately 9.33 acres that hes between Hwy 93 south and
Willow Glen Drive north of Lower Valley Road.
Kalispell'-_;_Ev "lanning Board 3 Zoning Commission
4inuies of the 'fleeting of F ebraary 1 1. 2003
STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a
#KA-03-1 I presentation of staff report KA-03-1, a request for initial zoning
of B-21 General Business, upon annexation of approximately
9.33 acres located on the 'east side of Hwy 93 South, west of
Willow Glen Drive and north of Lower Valley Road. She said
they would be connecting to City services as soon as possible,
i.e. when the extension of services was done with the
reconstruction of Hwy 93 South between Ashley Creek and
Flathead County Courthouse. There are no plans to develop the
property until such time as' the services are available and the
property is currently undeveloped. The property owner is
requesting City B-2, a General Business zoning district, upon
annexation concurrent with the existing County B-2, General
Business, zoning designation. Wilson reviewed the findings of
fact and statutory criteria and recommended the planning board
forward a recommendation for initial zoning as B-2, General
Business, upon annexation.
Hull asked what their motive was and Wilson answered that
when utilities were available they would be there to connect.
There was a brief discussion regarding annexation and the fact
the property was not contiguous to the City. Wilson stated the
Hwy 93 corridor would be annexed once the utilities were in
place and that would make it contiguous. She said there was no
down side because it was completely undeveloped and suggested
that whether to annex the property or not was a Council
decision. The real issue before the planning board is a
recommendation for appropriate zoning if and when the property
was annexed by the council.
Van Natta said they were assuming utilities would be part of the
Highway project.
Wilson said it was her understanding that was still the plan and
that commitments had been made on the part of the City and
the design was included as part of the MDOT project. .
APPLICANT/AGENCIES Jim Burton, surveyor for the project, said they were anticipating
that utilities would be extended to that area and they were
trving to stay ahead of the curve. There were no plans at this
I,time for a project.
I
PUBLIC HEARING The public hearing was opened to those who wished to speak on
the :slue,
: ahspeil C r' ?tanning Board ,?U mooning Commission
.vIinuces ,.f me-,Ieenng )f ,ei3ruai
PUBLIC COMMENT
No one wished to speak and the public hearing was closed.
MOTION.
Taylor moved and Anderson seconded the motion to adopt staff
report KA-03-1 as findings of fact and forward a
recommendation to the Kalispell City Council that the initial
zoning for this property should be B-2, General Business, upon
annexation.
BOARD DISCUSSION
Atkinson thought it was important to vote against the request
because it went against the policy of the City and he did not see
! a telling reason for annexation at this time when it was not
contiguous.
Wilson pointed out that it wasn't really under the board's
j purview whether the property should be annexed. She said
their issue dealt with what the zoning should be upon
annexation to the City.
Norton asked if they could recommend approval of the zoning
upon receiving city services.
Atkinson asked what advantage or disadvantage there was to
zoning it now and Wilson said when it does get annexed it would
developed to City standards and would be reviewed for
compliance. The provision of City utilities would allow the
development of the site at a higher and more intensive use than
without utilities. If the property were to be developed prior to
receiving services with less quality and desirable uses, it would
be difficult to try to redevelop the property at a later date.
Atkinson asked about relative taxes and Wilson said the
property owner would be subject to City assessments, but not
prior to annexation.
i Wilson stated that until the property was annexed it would stay
County B-2. She advocated reasons for zoning the property
now.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
Wilson reviewed the status of the Growth Policy. She said the
f only significant change prior to formal consideration by the
Kalispell City Council was the creation and clarification on the
amendment process. The neighborhood plan process was
broken down into two processes; one, a neighborhood plan
amendment, and two, a general plan amendment. The other
ssue was that the tib acres on the northeast corner of La Salle
and Reserve be designated commercial. She said it was still
controversial but he Council was considering the growth policy i
nea C ^' Fanning 3card u Zoning Commission
/iinutes of ,he Vii"timz of ^ebn,ar: "_ _. 003
Tri-City Planning Office
17 Second Street East — Suite 2,11
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (400) 751-1858
tricity@centurytel.net
February 21, 2003
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation and Initial Zoning of B-2, General Business, for NIPO, LLC
Four Corners
Dear Chris:
The Kalispell City Planning Board met on February 11, 2003, and held a public
hearing to consider initial zoning for approximately 9.33 acres that lies between Hwy
93 south and Willow Glen Drive north of Lower Valley Road. The property is currently
in the County zoning jurisdiction and is zoned B-2, General Business. A petition for
annexation was received from the property owner and a request has been made for B-
2, General Business, zoning upon annexation. This zoning is consistent with the
existing County B-2, General Business zoning in intent and anticipated uses. The
property is being annexed in order to receive City services when they are available with
the reconstruction of Hwy 93 and anticipated extension of city services.
Narda Wilson with the Tri-City Planning Office presented staff report #KA-03-1,
evaluating the proposed zoning noting that the proposed zoning is consistent with the
existing zoning and anticipated use of the site. No one spoke at the public hearing.
After the public hearing the board discussed the zoning for the property and the
scheduling of the reconstruction of Hwy 93 South. The board noted they were
considering the recommendation on the zoning upon annexation not whether or not
the property should be annexed as that is a council policy decision. A motion was
made and 'passed unanimously to forward a recommendation that initial zoning for
this property should be B-2, General Business, upon annexation.
Please schedule this matter for the March 3, 2003 regular city council meeting. You
may contact this board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Providing Community Planning Assistance To:
City of Kalispell • City of Columbia Fails • City of Whitefish
N1PO, LLC Annexation and Initial Zoning
February 21, 2003
Page 2
Sincerely,
Kalispell City Planning Board
74/1 &/
Ron Van Natta.
President
RVN/NW
Attachments: Original petition to annex and legal description
Staff report #KA-03-1
Draft minutes 2/11/03 planning board meeting
c w/ Att: Theresa White, Kalispell City CIerk
c w/o Art: NIPO, LLC, 1839 Third Ave E., KalispelI MT 59901
Jackola Eng, Box 1134, Kalispell MT 59901
H:\FRDO\TRANSMIT\KALISPEL\2003\KA03-l.DOC
NIPO, LLC — Four Comers / Hwy 93 South
Extension of Services Plan and Cost of Services Analysis
Availability of Public Services and Utilities
The broad -based extension of services plan, together with this "mini -plan," comprise
the Extension of Services Plan for this annexation. Once annexed to the City, full City
services will be made available to the property owner. The subject property is within the
Service Area Boundary of the City of Kalispell as described by the Extension of
Services Plan adopted by the City of Kalispell on November 5, 1995 (Resolution
#4241).'
Overview of Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
Kalispell School District
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
Existing Services:
Water: An eight inch water main belonging to the City of Kalispell lies approximately
2000 feet to the north of this site along the east side of the airport runway. This water
main also serves two hydrants located in the area.
Sewer: An eight inch sewer main exits along the east side of the airport runway
approximately 2000 feet north of the site. This main belongs to the City of Kalispell. The
wastewater treatment plant lies to the west of this site and sewage is routed there via a
gravity main.
Storm Drainage: A storm drain system lies within the Hwy 93 right-of-way; and is
owned and maintained by the Montana Department of Transportation. This storm drain
system may be able to be accessed by the property owner. If not storm water
management will need to be handled with on -site retention methods.
Streets: This property has access via US Hwy 93 South which is maintained by the
Montana Department of Transportation_ The Cit_V does not provide maintenance to roads
that service this property.
Garbage Collection: Available by contract from private companies.
Police Protection: Flathead Countv Sheriff s Department.
Fire Protection: South Kalispell Rural Fire District.
Anticipated Service Needs and Costs:
Water: A water main is anticipated to be extended to the area with the reconstruction of
Hwy 93 South between Ashley Creek and the Flathead County Courthouse. A fire
hydrant will likely be required to placed in close proximity to the site with the
reconstruction of the road and extension of water to the area. Connection fees would be
paid to the Kalispell Water Department at the time of connection. Costs associated with
the extension of the service line and any additional hydrants that might be required
would be the responsibility of the property owner. There is adequate water supply and
water pressure for the service when extended.
• There would be minimal costs to the City of Kalispell associated with the long term
maintenance of the new water main and the maintenance of the hydrant.
Sewer: Service mains would be extended from their existing location on the east side of
the City Airport Runway approximately 200 feet to the north of this property. These are
anticipated to be extended as part of the Hwy 93 South reconstruction plans between
Ashley Creek and the Flathead County Courthouse. Connection fees would be paid to
the City of Kalispell for sewer at the time of connection. There is adequate capacity
within the water treatment plant and collection system to service this property once
connected.
There would be minimal costs to the City of Kalispell associated with the continued
maintenance of the sewer line.
Storm Drainage: A public storm drainage system lies in the Hwy 93 South right-of-way
owned and maintained by the Montana Department of Transportation. It is unclear at
this time whether or not this property would have access to the stormwater management
system in the area. On site retention of storm water could be used for storm water
management at the time the property is developed.
No new storm water management facilities will be developed, owned or maintained by
the City of Kalispell and no additional costs would be incurred.
Streets: the City of Kalispell Public Works Department does not provide maintenance to
any of the roads that service this site and no new roads are anticipated, The Montana
Department of Transportation maintains Hwy 93 South that provides access to this
property and will continue to do so.
There will be no additional costs associated with the maintenance of this road since
the access road to the site is maintained by the Montana Department of
Transportation and no new roads will be developed which would be taken by the City
of Kalispell or would become a public roadway for which the City is responsible for
maintenance.
Solid `,Waste Collection: The City of Kalispell can and would pro -,ride solid waste pick-up
for the site when this property becomes ehgibie *or municipal service.
No additionai services. equipment or other costs would be incurred by the solid waste
department :or aroaQe c:oileCIICn 9s a 'esLut �i --i1e ae`.'eiowneni of these czs.
Police/Fire: City of Kalispell Police Department and Fire Department will be available to
provide services to this property upon annexation at approximately the same level as
other properties within the City. A hydrant new hydrant will likely be required to be
placed on or near the property at the time additional development occurs.
• Insignificant additional expense to fire and police can be associated with this
annexation.
City Administration: The City of Kalispell would provide administrative services to the
residents of the subdivision from the mayor and city council; city manager, city attorney,
finance department and city clerk.
• Insignificant impacts to these offices and the services they offer would result from the
development and annexation of these properties.
Total City Revenue and Cost of Services
Assessments:'
Special Assessments: There are no special assessments that would be required any
additional sidewalk, water or sewer improvements. Any improvement would be paid by
the developer in accordance with the City's extension of services plan and policies.
• There will be undetermined special assessments or SID associated with this property.
Storm sewer drainage assessments:
• Storm sewer assessments based on the square foot of the property with an average
square footage of approximately 9.33 acres (times 43,560 sq. feet) 406,415 square
feet bebased on .0052 = 2113
Street maintenance assessments:
• Street maintenance assessments based on the square foot of the property with an
average square footage of approximately 406,415 square feet would be based on
.0086 = $3496.
Urban forestry assessments:
• Forestry assessments based on the square foot of the property with an average
square footage of approximately 406,415 square feet would be based on a rate of
.00135 = $549
General revenue:
Based on an assumption that the building would be assessed at approximately
$300,000, and the taxable value at $10,629 (0.03543 x 8300,000) and the 152.39
mill levy, the additional revenue to the City of Kalispell would be $1,620.
Total Anticipated Revenue: $7778.
Additional Expenses to the City of Kalispell would be estimated at: None:
Additional Revenue to the City of Kalispell at full build out estimated at: $7778.
Extension and Finance Strategies:
Extension of water and sewer mains would be made from the existing locations to the
property as needed at the developers expense along with connection fees. The
connection fees would be paid to the City of Kalispell for water and sewer.
NIPO, LLC
INITIAL ZONING OF B-2 UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-03-1
FEBRUARY 4, 2003
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
a request for an initial zoning of B-2 upon annexation into the city. A public hearing
has been scheduled before the planning board for February 11, 2003 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
petitioner would like to annex in order to receive City services when they are extended
with the Hwy 93 South reconstruct.
A. Petitioner and Owners:
Technical Assistance:
NIPO, LLC
1830 Third Ave East
Kalispell, MT 59901
(406) 751-4680
Jackola Engineering & Architecture
P.O. Box 1134
Kalispell, MT 59903
(406) 755-3208
B. Location and Legal Description of Property: The property proposed for
annexation is located on the east side of Hwy 93 approximately 2,000 feet
south of the current city limits. It lies between Hwy 93 south and Willow Glen
Drive north of Lower Valley Road. The property proposed for annexation can be
described as Assessor's Tracts 11EG, 11E, 11EC, 11ED, 11E, 11EB, 11EEA,
11EFA, 11EF, 11EE and 11EH in Section 29, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
C. Existing zoning: This property is currently located in the County zoning
jurisdiction and is zoned B-2, a General Business zoning district which allows
a wide variety of uses including uses that require areas for outdoor display and
storage of merchandise. This zoning district is intended to serve the traveling
public and has been located along major highways and thoroughfares in the
county.
D. Proposed Zoning: The property owner is requesting City B-2, a General
Business zoning district which is similar in intent and the tykes of allowable
uses as the County B-2 zoning. The B-2 district is intended to provide areas
for retail sales and sen7ices which might require outdoor display of
merchandise and would service the general needs of the motoring public. The
B-2 areas in the City are typically located along major transportation corridors.
E. size: The area proposed for annexation and zoning contains approximately
9,33 acres.
F. Existing Land Use: This property is currently undeveloped.
G. Adjacent Land Uses and Zoning: The character of the immediate area is
generally commercial in character with several businesses displaying large
merchandise in an outdoor area.
North: Upholstery business, appliance sales, RV sales; County and
City B-2 zoning
South: Motorcycle sales, County B-2 zoning
East: Boat storage and sales, County I-1 zoning
West: City Airport, City P-1 zoning
H. General Land Use Character: The general land use character of the area is a
generally commercial with some light industrial uses along the Hwy 93 corridor
to the north and south.
I. Availability of Public Services: City water and sewer are planned to be
extended from their current location approximately 2000 feet to the north to
the Four Corners area with the reconstruction of Hwy 93 between Ashley Creek
and the Flathead County Courthouse. This reconstruction, was anticipated to
begin in the Spring of 2003. However, ROW acquisition issues have required
that this project be broken down into two segments and construction in this
area may not start until 2004 or later. Once in place, these utilities will be
available to this property for connection. Other City services including police,
fire, solid waste and administrative services can be provided to this site.
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203. M.C.A.
ran. EMI-SNIOTM74
This area was zoned in accordance with the Kalispell City -County Master Plan
Map which designated this area as Commercial with an orientation toward
general commercial uses because of its proximity along Hwy 93. The current
and proposed zoning are generally consistent with regard to the types of uses
anticipated in the district. Locating the type of general commercial uses along
a major highway corridor in an established commercial area is consistent with
zoning and uses in the area.
The proposed zoning of this property to a general business zoning district is
consistent with exiting County zoning and will not result in a change in use or
the anticipated level of traffic generated from the site. Hwy 93 South is a major
arterial in the Kalispell Transportation Plan and this area currently
accommodates a variety of general commercial uses appropriately located along
this major roadway.
•- -• - -• •.- - M MoTI-I•.• a OW-Wers • •- •.••-
There is no obvious increase in risk related to the proposed B-2 zoning district
which would impede fire or police access to the site. Access for fire and other
emergency services is generally good.
•- -• -. ••- • •w• - •- •- • .•• • •- - -
Because this annexation will enable the property owners to connect to public
sewer and develop the property with full public services, the public health and
welfare of the community will be served.
This property is currently undeveloped and any future development of the site
with a commercial use which might be planned for this property will be
required to comply with the development standards of the B-2 zoning district;
which assures that there is adequate light and air.
The requested zoning designation is consistent with the type of development,
which would be anticipated under the current County zoning. The requested
zone will not contribute to the overcrowding of land because it will be
developed in accordance with all City regulations.
•- -• . -• •r- • . . e •r -• • • .-•• -
An increase in the concentration of people and an increase in the intensity of
uses may result under the proposed annexation since the property will be able
to be developed more densely that it would in the county without public
utilities. However, the proposed City zoning is consistent with the current
County zoning. Furthermore, the development standards in the district are
intended to avoid the undue concentration of people in the area beyond what
the infrastructure and facilities are able to accommodate.
The requested zoning will not impact the provision of services, but will allow
the property to develop this site to a higher density and intensity than would
otherwise be possible once full utilities are available. Water and sewer are
currently not available to this property but are anticipated to be extended with
the reconstruction of Hwy 93 South anticipated to begin in Spring of 2003.
9. l�nPR t_ he requested zone Qve consideration Yn the g rtic lar suitability of h
property for particular uses?
The proposed zoning is consistent with the current B-2 zoning of the property
and the properties in the immediate area. These properties have been
developed with boat sales and storage, offices, business offices, a convenience
store and other commercial uses, in the immediate area. The proposed zoning
gives adequate consideration to the suitability of the property for the uses
allowed under the City B-2 zoning.
!
The general character of the area is primarily limited commercial and light
industrial uses in the immediate area. These are appropriate to the high
volumes of traffic and high visibility along the Hwy 93 corridor. The requested
zone gives reasonable consideration to the character of the area and is
consistent with other development in the area.
Value of the buildings in the area will be conserved because the uses allowed
under the B-2 zoning would be generally consistent and complementary to
other uses in the area.
The 'most appropriate use of land throughout the jurisdiction is the general
commercial zoning designation being requested. This is consistent with the
uses and other zoning in the area and promotes the stability and neighborhood
character of the immediate area.
It is recommended that the Kalispell City Planning Board and Zoning Commission
adopt Staff Report as ;#KA-03-1 as findings of fact and forward a recommendation to
the Kalispell City Council that the initial zoning for this property should be B-2,
General Business, upon annexation.
NW
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406).751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL DEC 10 2002
NAME OF APPLICANT: NIPO, LLC TRI-CITY PLANNING OFFICE
MAIL ADDRESS: 1830 3rd Ave. East
CITY/STATE/ZIP: Kalispell, MT. 59901 PHONE: 406-751-4680
INTEREST IN PROPERTY: Owner
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: Jackola Engineering & Architecture P.C.
MAIL ADDRESS: P.O. Box 1134
CITY/STATE/ZIP: Kalispell, MT. 59903 PHONE: 406-755-3208'
INTEREST IN PROPERTY: Engineering / Surveyor
PLEASE COMPLETE THE FOLLOWING:
Address of the property:
Legal Description: See Attached
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: County Willow Glen B-2
The proposed zoning of the above property is: City B-2
State the changed or changing conditions that make the proposed amendment necessary:
The Citv extension of services plan includes this area for utilites
upgrade along with the Highway improvements. annexation of the adjacent
properties to these utlity extensions is essential to justify andprovide
return for these costs. It is only appropriate to annex the property under
t o same zoning w is l occur e in e o star plan.
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 Tri-City Planning staff to be present on the
property for routine i tion during the annexation process.
Z
(Applicant) ("Date)
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REQUEST FOR ANNEXATION & INITIAL ZONING
FROM COUNTY ZONING OF B-2, GENERAL BUSINESS
TO B-2, GENERAL BUSINESS
CITY OF KALISPELL ZONING JURISDICTION
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REQUEST FOR INITIAL ZONING UPON ANNEXATION ON 9.33 ACRES
FROM COUNTY ZONING OF B-2, GENERAL BUSINESS
TO B-2, GENERAL BUSINESS
CITY OF KALISPELL ZONING JURISDICTION
FILE# KA-03-1 SCALE I" = 800'
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