3. Resolution 4775 - Annexation Request - NIPO, LLCRESOLUTION NO. 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.
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 onNIPO, 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 II. 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 Interim 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 3RD DAY OF MARCH, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
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 comer 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 5/8" 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 S12°11'34"W, on and along
said West right-of-way boundary, a distance of 94.70 feet to a found 5/8" 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 are length of 511.25 feet to a found 5/8" rebar; thence
N34°37'28"W, on and along said right-of-way boundary, a distance of 454.04 feet to a found 5/8"
rebar; thence N41°12'07"W, continuing on and along said right-of-way boundary, a distance of
116.00 feet to a found 5/8" 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.
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricitygcenturytel.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
MEETING DATE: March 3, 2003
BACKGROUND: This is a request by NIPO, LLC for an initial zoning designation of 13-
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.
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. .
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
NIPO LLC Annexation and Initial Zoning
February 25, 2003
Page 2
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,
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: February 25, 2003
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report KA-03-1 and application materials
Draft minutes from 2/ 11 /03 planning board meeting
H: \FRDO \TRANSMIT\KALISPEL\2003 \KA03-1MEMO.DOC
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax:(406) 751-1858
tricity@centu rytel.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 13-
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 Falls • City of Whitefish
NIPO, LLC - Four Corners / 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 City does not provide maintenance to roads
that service this property.
Garbage Collection: Available by contract from private companies.
Police Protection: Flathead County Sheriffs 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 Ciry of Kalispell can and would provide solid waste pick-up
for the site when this property becomes eligible for municipal service.
• No additional services, equipment or other costs .vould be incurred by the solid waste
department for garbage collection as a -esuit : f _he development of these lots.
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 Citv 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 be based 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
.00 13 5 = 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 $300,000) 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.
Ebrtension 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.
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) I The
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 lies between Hwy 93 south and
Willow Glen Drive north of Lower Valley Road.
Kalispell City Planning Board 3s Zoning Commission
,%Ainuces of the Meeting of February :; 2003
5 -
STAFF REPORT
Narda Wilson, with the Tri-City Planning Office, gave a
#KA-03-1
presentation of staff report KA-03-1, a request for initial zoning
of B-2, 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, survevor for the project, said they were anticipating
that utilities would be extended to that area and they were
trying to stay ahead of the curve. There were no plans at this
time for a project.
PUBLIC HEARING
The public hearing was opened to those who wished to speak on
I
i
the issue.
it
halisned C¢v Planning 3oard ly Zoning Commission
Minutes of _ne Meeting of-eoruar: 1 -. '00
3
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
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.
Wilson stated that until the property was annexed it would stay
County B-2. She advocated reasons for zoning the property
now.
i
ROLL CALL
The motion passed unanimously on a roll call vote.
i
OLD BUSINESS
Wilson reviewed the status of the Growth Policy. She said the
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
issue was that the 65 acres on the northeast corner of La Salle
and Reserve be designated commercial. She said it was still
controversial but the Council was considering the growth policy
Kalispell Cin- Planning Board A mooning Commission
Ulinuces of the Meeting of February 11. =00C
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: NIPO, LLC
1830 Third Ave East
Kalispell, MT 59901
(406) 751-4680
Technical Assistance: 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, IIEC, 11ED, 11E, 11EB, 11EEA,
IIEFA, I IEF, IIEE 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 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 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.
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.
_ _ • _ _ • - • - TJ• - • a USE VIERM• • • •= RolIs I Frei• _ _ _
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.
•- -• -. ••- - -a •n •,• .•• • •- •.••-
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.
F•�Liiifii• • • • n r MMI W.Ters
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.
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.
3
157MITOMMI- .- ..-. - • . •1 . ,. .. ..
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.
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.
uw
4
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 18 2002
NAME OF APPLICANT:
MAIL ADDRESS:
NIPG, LLC
1830 3rd Ave. East
TRI-CITY PLANNING OFFICE
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 City 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
the same zoning wh1cft it occurrea In tne County tn keeping W:LLtl the Master plan.
ssssssxsssttttssssstttstt tt ttsss sssstttsttss
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 ' tion during the annexation process.
2- 17 O 2—
(Applicant) I(D te)
1
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
1. 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: compliance with the master plan, compatibility of
proposed zoning with surrounding zoning classifications and the application procedure.
2. Completed application form.
3. Completed Petition to Annex form including an Exhibit A, legal description of the property.
4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office.
5. Fee Schedule
None
6. A bona fide legal description of the property from a recent survey, title report or deed which accurately
describes the property to be annexed.
H:\FRDO\FORMS\APPFORMS\KANNX.DOC
PETITION NO.:
PETITION TO ANNEX.
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the South Kalispell Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated, and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the Citv of
Kalispell. �1
Petitioner/O�v AgFr
Petitioner/Owner
Please return this petition to:
Tri-City Plannine Office
17 2°d StEast, Suite'_11
Kalispell MT 59901
NOTE: Attach Exhibit A
STATE OF MONTANA )
ss
County of Flathead County
On this _day of , e,,,6 Zao3, before me, the undersigned_ a Notary Public for
the State of Montana, personally appeared EcLed A. Cosa„ y �..tne.— known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she eFstab
r /V ipo� [ r PIN WITNESS WH her O et mend affixed my Notary Seal the day and
year in this certificwritteiAL
SEaI = Not Public,
�q Rest ngat_
O F Y Oa My ommisst(
STATE OF MONTANA )
ss
County of Flathead County
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
the and
respectively, of the
comoration that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
Tri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax:(406) 751-1858
tricitv@centurytel.net
MEMORANDUM
TO: Kalispell City Staff and Other Interested Parties
FROM: Narda A. Wilson, Senior Planner
DATE: January 21, 2003
RE: Kalispell City Planning Board Meeting February 11, 2003
Attached with this memo is information relating to items that will go before the
planning board on the above referenced date.
1. A request by Wind River Development Corp for an initial zoning designation upon
annexation to the city of Kalispell on approximately 32 acres of property located
on the east side of Willow Glen Drive, south and west of Leisure Drive. The
proposal would designate approximately 32 acres as R-2, Residential, a single
family residential district that has a minimum lot size requirement of 9,600
square feet. Currently the property is in the Flathead County zoning jurisdiction
and is zoned R-2, One Family Limited Residential, that has a minimum lot size
requirement of 20,000 square feet. A preliminary plat for 67 single family
residential lots as described below is being filed concurrently with the annexation
and zoning request.
2. A request by Wind River Development Corp for preliminary plat approval of
Leisure Heights, a 67-lot residential subdivision located east of Willow Glen Drive,
south and west of Leisure Drive. This plat would create 67 lots intended for
single family residential development on approximately 32 acres. Lots range ins
size from approximately 10,000 square feet to approximately 28,000 square feet.
All of the lots in the subdivision would be served by public sewer and water and
would be developed in accordance with City of Kalispell design standards. The
preliminary plat is being submitted in conjunction with the annexation of the
property and designation of initial zoning R-2.
3. 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 Hwv 93 south and Willow Glen Drive north of Lower Vallev Road. The
property is currentiv in the County zoning jurisdiction and is zoned B-2, General
Business.
P-oviding Commmnity Planning �ssisiance To:
• City 4 Kalispell - C;iy of Commhia Tails - City of Whitefish .
Referrals KPB 2/ 11/03
January 21, 2003
Page 2
These items will go before the Site Development Review Committee now meeting in the
City Hall Conference Room while the Kalispell Building Dept undergoes a remodel.
• January 23, 2003- Initial comments
• January 30, 3003 - Comments
Final Comments By:
• February 3, 2003 so that they can be incorporated into the staff report.
These matters will go before the Kalispell City Planning Board on February 11, 2003
for public hearing. Please bring your comments to the above referenced site review
committee meeting(s) or submit your comments in writing or by phone, prior to
February 3, 2003 so that they can be incorporated into the staff report to the planning
board. You can reach me at 751-1852.
If you need additional information regarding any of these items, please call me. Thank
you for taking the time to review and comment on these items.
c: w/attachments: Jim Stewart, Fire Dept.
Mike Baker, Parks and Rec
Chris Kukulski, City Manager
PJ. Sorenson, Zoning Administrator
Roger Kraus, Police Dept.
Dick Amerman, City Engineer
Jim Hansz, Director Public Works
Susan Moyer, Community Development Director
Craig Kerzman, Chief Building Inspector
Charles Harball, City Attorney
Charlie Johnson, Co. Road Dept.
Jackola Engineering
Schwarz Engineering
H:\... \AGREF\KALISPELL\KPB211REF1.DOC
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
Leisure Heights Subdivision Initial Zoning of R-2 Upon Annexation - 32 Acres
Leisure Heights Preliminary Plat - 67 Lots
Initial Zoning of B-2 Upon Annexation - Four Corners
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, February 11, 2003 beginning at 7:00 PM in the Kalispell
City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The
planning board will hold a public hearing and take public comments on the following
agenda items. The board will make a recommendation to the Kalispell City Council
who will take final action.'
1. A request by Wind River Development Corp for an initial zoning designation upon
annexation to the city of Kalispell on approximately 32 acres of property located
on the east side of Willow Glen Drive, south and west of Leisure Drive. The
proposal would designate approximately 32 acres as R-2, Single Family
Residential, that has a minimum lot size requirement of 9,600 square feet.
Currently the property is in the Flathead County zoning jurisdiction and is zoned
R-2, One Family Residential, that has a minimum lot size requirement of 20,000
square feet. A preliminary plat for 67 single-family residential lots as described
below is being filed concurrently with the annexation and zoning request. The
property proposed for annexation and zoning can be described as Assessor's
Tracts 3, 3H and 3AADA in Section 21, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
2. A request by Wind River Development Corp for preliminary plat approval of
Leisure Heights, a 67-lot residential subdivision located east of Willow Glen
Drive, south and west of Leisure Drive. This plat would create 67 lots intended
for single-family residential development on approximately 32 acres. Lots range
in size from approximately 10,000 square feet to approximately 28,000 square
feet. All of the lots in the subdivision would be served by public sewer and water
and would be developed in accordance with City of Kalispell design standards.
The preliminary plat is being submitted in conjunction with the annexation of the
property and designation of initial zoning R-2. The property can be described as
Assessor's Tracts 3, 3H and 3AADA in Section 21, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
3. 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 Hwv 93 south and Willow Glen Drive north of Lower Vallev
Road. The property is currently in the County zoning jurisdiction and is zoned B-
2. General Business. The property proposed for annexation can be described as
Assessor's Tracts 11EG, 11E, 11EC, IIED, IIE, 1IEB, IIEEA, 11EFA, IIEF,
11EE and 11EH in Section 29, 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
Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and
are available for public review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views and
concerns known to the Board. Written comments may be submitted to the Tri-City
Planning Office at the above address, prior to the date of the hearing, or contact Narda
Wilson, Senior Planner, at (406) 751-1850 for additional information.
kifta)I
Thomas R. Jentz U U 7[
Planning Director
The Daily Inter Lake, Sunday, January 26, 2003 — D5-
No. 6597
-. NOTICE OF PUBLIC
2. A request by Wind
HEARING
River Development
KALISPELL CITY
Corp for preliminary plat
PLANNING BOARD
approval of Leisure
AND ZONING COM-
Heights, a 67-lot resi-
MISSION
dential subdivision lo-
Leisure Heights Subdi-
cated east of Willow
vision Initial Zoning of
-Glen Drive, south and
R-2 Upon Annexation —
west of Leisure Drive.
32 Acres
This plat would create
Leisure Heights Pre-
-67 lots intended for sin-
fiminary Plat — 67 Lots
..gle-family residential de -
Initial Zoning of B-2-velopment
on approxi-
-Upon Annexation —
mately 32 acres. Lots
Four Comers
range in size from so-
-The regiulatrmeeting of
:proximately 10,000
the Kalispell .^!ti Plan-
square feet to approxi-
-ning Board and Zoning
'mately 28,000 square
Feet. All of the lots in the
Commission is sched-
uled for Tuesday, Feb-
subdivision would be
.. ruary 11, 2003 begin-
served by public sewer
and water and would be
ning at 7:00 PM in the
Kalispell City Council
developed in accord -
Chambers, Kalispell
City Hall, 312 First Ave-
ante with City of Kalis-
peil design standards.
-nue East, Kalispell. The
The preliminary plat is
`-being submitted in Ion-
planning board will hold
a publto hearing and
junction with the annex -
-ation
take public comments
on
of the property and
'designation of initial
the following agenda
-items. The board will
zoning R-2. The proper -
make a recommenda-
tlon to the Kalispell City
`ty can be described as
'Assessor's Tracts 3, 3H
-Council who will take fi-
and 3AADA In Section
s nal action.
21, Township 28 North,
`11. A request by Wind
River Development
-Range 21. West,
-.P.M.M., Flathead Coun-
Corp for an initial zoning
ty' , Montana.
)designation upon an-
'•� 3. A request by NIPO,
'�nexation to the city of -
-Kalispell
LLC for an initial zoning
designation of B-2. Gen-
on approxi-
;mately 32 acres of prop-
eral Business, upon an-
erty located on the east
nexation into the city of
Kalispell on approxi-
:side of Willow Glen
`Drive, south and west of
-mately 9.33 acres that
- Leisure Drive. The pro-
lies between Hwy 93
-south
"postal would designate
and Willow Glen
Drive north of Lower
approximately 32 acres
,as R-2, Single Family
Valley Road. The prop.
Residential, that has a
-erty is currently in the
-minimum lot size re-
County zoning jurisdic-
`tion and is zoned B-2,
quirement of 9,600
square feet. Currently
'General Business. The
the property is in the
property proposed for
Flathead County zoning
annexation can be de -
jurisdiction and is zoned
scribed as Assessor's
Tracts 11EG, 11E,
R-2, One Family Resi-
dential, that has a mini-
11 EC, 11 ED, 11 E,
mum lot size require-
11 EB, 11EEA, 11EFA,
11EF, 11EE and 11EH
ment of 20,000 square
feet. A preliminary plat
in Section 29, Township
for 67 single-family reel-
- 28 North, Range 21
West, P.M.M., Flathead
dential lots as described
below is being filed con-
County, Montana.
currently with the an-
Documents pertaining
to these agenda items
nexation and zoning re-
quest. The property
are on file for public in -
proposed for annexation
spection at the 7n-City
Planning Office, 17 Sec -
and zoning can be de.
scribed as Assessor's
and Street East, Suite
Tracts 3. 3H and 3AA-
DA n Section 21, Town-
ship 28 North. Range 21
'Nest, P.M.M., Flathead
County, Montana.
211-,- -Kalispell;.MT`.
59901, and are availa-
ble for public review:
--during_. regular office:
hours.
Interested persons are
`encouraged -to attend'
the hearing-andmake'
-their views and con-
cerns knownto the
Board.. Written', com-
ments maybe submit-
ted to the Td-City-Ptah-,
rung Office at the above
address, prior to the .
date of the hearing, or
contact Narda Wilson`
q.in, oh....e......
inrormanon.. ---
/slThomasRijemz _.
Thanes R. Jentz
Planning Director
-January 26;'2003:-:
27
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VICINITY MAP
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
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