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07. Resolution 4846 - Annexation Request - Larry & Arlene Johnson
REPORT TO: FROM: SUBJECT Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centuryte 1. net www.tricitypianning-mt.com Kalispell Mayor and City Council Thomas R. Jentz, Director Chris A. Kukulski, City Manager Larry and Arlene Johnson - Annexation and Initial Zoning of I-1 MEETING DATE: November 3, 2003 BACKGROUND: This is a request by Larry and Arlene Johnson for an initial zoning designation of 1-1, Light Industrial on .34 acres of land located on the west side of US 93 South immediately behind Burton's Appliance. The property presently contains an airplane hanger on the east half and vacant land on the westerly half. The I-1 zoning designation anticipates light industrial uses such as airplane hangers and storage buildings with do not create objectionable byproducts such as smoke, dust, and noise or vibrations. The property is currently zoned county B-2 a general highway business zone which caters to larger uses needing highway access and outside storage and display. On October 14, 2003 the Kalispell City Planning Board held a hearing for the purpose of determining the most appropriate zoning for this property. At the hearing, the applicant spoke in favor of the purposed 1-1 zoning stating a desire to be able to hook-up the existing hanger building to public sewer and water. No one spoke in opposition and the hearing was closed. After the public hearing the Board discussed the request and its relationship to the surrounding neighborhood noting that industrial zoning was on two sides of it and the immediate neighborhood contained several storage and warehouse uses. A motion to adopt staff report #KA-03-17 as findings of fact and forward a recommendation that initial zoning for this property should be I-1 as recommended by the staff upon annexation passed on a unanimous vote of 6-0. A completed cost of services analysis is attached for your review. RECOMMENDATION: A motion to adopt the first reading of the ordinance for I-1 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish - City of Columbia Falls • Steve and Arlene Johnson - Annexation and Initial Zoning October 16, 2003 Page 2 of 2 Respectfully submitted, I i Thomas R. Jentz Director Report compiled: October 16, 2003 c: Theresa White, Kalispell City Clerk C'�� it, f?�L�) - Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report #KA-03-17 and application materials Draft minutes from 10/ 14/03 planning board meeting Cost of Services Analysis TRANSMIT\KALISPEL\2003\ A03-17MEM RESOLUTION NO. 4846 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 "AR', LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.l1 .M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS JOHNSON ADDITION NO.339; 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 Larry and Arlene Johnson, the owners of property located generally between the Kalispell City Airport and US Highway 93 South behind Burton's Appliance, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Johnson's Annexation Request, #KA-03-17, dated October 6, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City I-1, Light Industrial, on approximately .34 acre 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 Johnson Addition No. 339. 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 3RD DAY OF NOVEMBER, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street Fast — Suite 211 Kalispell, Montana 59901 Phone- (406) 758-1850 Fax: (406) 751-1858 tricit centur teel.net www.tricityplanning-mt.com October 16, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Larry and Arlene Johnson - Annexation and Initial Zoning of I-1 Light Industrial Dear Chris: The Kalispell City Planning Board met on October 14, 2003, and held a public hearing to consider a request by Larry and Arlene Johnson for an initial zoning designation of I-1, Light Industrial on .34 acres of land located on the west side of US 93 directly behind Burtons Appliance. The property presently contains an airplane hanger on the east half with the remaining half vacant. The 1-1 zoning designation anticipates light industrial activities that do not as a by-product create objectionable characteristics such as noise, dust, smoke, vibration, etc. The property is currently zoned county B-2 Business. No development proposal was submitted at the time of the Planning Board hearing. Tom Jentz of the Tri-City Planning Office presented staff report #A-03-17, evaluating the proposed zoning. Staff recommended initial zoning of City 1-1, Light Industrial based on the surrounding zoning and the Kalispell Growth Policy. At the public hearing the applicant spoke in favor stating it was their desire to be able to hook-up to municipal sewer and crater which was adjacent to their property. There was no other public comment. After the public hearing the Board discussed the request. A motion to adopt staff report #KA-03-17 as findings of fact and recommend that initial zoning upon annexation be I-1 passed on a unanimous vote of 6-0. Please schedule this matter for the November 3, 2003 regular City Council meeting. You may contact this Board or Tom Jentz at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board rg aylor President GT/TRJ / sm Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell - City of Whitefish • Larry and Arlene Johnson - Annexation and Initial Zoning October 16, 2003 Page 2 of 3 Attachments: Petition to annex (original) Exhibit A - legal description Staff report #KA-03-17 and application materials Draft minutes 10/ 12/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Larry and Arlene Johnson, P.O. Sox 298, Kalispell, MT 59901 TRANSMIT/ KALISPELL/ 2003 / KA03-17DOC Larry and Arlene Johnson - Annexation and Initial Zoning October 16, 2003 Page 3 of 3 EXHIBIT A LARRY AND ARLENE JOHNSON - #KA-03-17 LEGAL DESCRIPTION FOR ANNEXATION AND I-1 ZONING Parcel B of COS# 8340, Records of Flathead County in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Lary and Arlene Johnson Cost of Services Analysis Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Note, the lot contains an existing warehouse/hanger building. No additional development proposal was submitted at this time, therefore the impact of the existing warehouse/hanger space was analyzed. No additional city streets or services are planned as this is ainfill. Number of Dwelling Units within the Subdivision N/A Estimated Increase in Population: (based on US Census Figure of 2.2 per household) N/A Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department • Administration: $39.48. Additional cost to administration Unknown x 68.84 = $ Unknown Unknown x 110.00 =$ Unknown Unknown x 39.48 = $ Unknown • Solid Waste: Additional cost to solid waste none for five years Lineal Feet Costs: (Lineal feet - No new roads, sewer or water mains) • Roads: $1.14 per lineal foot Additional cost in road maintenance • Water: $3.44 per lineal foot Additional cost in water line maintenance • Sewer: $5.50 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Average Square foot per lot - IS,000 • Number of units x square foot x 0.005798 Ox 1.14=$ 0 Ox3.44=$ 0 Ox5.50=$ 0 1.5,000 x 1 x 0.005798 = $ 87 Total Anticipated Cost of Services: $ Unknown Anticipated Revenue Generated Assessments based on square footage: Average square foot per lot: 15,000 • Storm sewer assessment $0.005798 per square foot Revenue from storm sewer assessments 1 x 15,000 x 0.005798 = $ 87 • Street maintenance assessment $0.0126 per square foot Revenue from street maintenance assessments l x 169,884 x 0.0126 = $ 189 Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 1 x 169,884 x 0.00135= $ 20 Special Assessments: There are no special assessments. General revenue: • Assessed value per property: $350,000 Total assessed value: 1 x 350,000 = $ 350,000 Total taxable: 350,000 x 0.03543 = $ 12,400 • Total additional general revenue based on 144.65 mill levy: 12,400 x .14465 = $1,794 Total Additional Annual Revenue: $2,090 NOTE: This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS / 2003/ KA03-17COSTOFSVCS 2 STAFF REPORT KA-03-19 Tom Jentz, with the Tri-City Planning Office, gave a presentation of Staff Report KA-03-19, a request by Foppiano Construction, Inc. for initial zoning of R-3, Single Family Residential, on approximately 1 acre upon annexation to the City of Kalispell. Jentz showed a site plan. He stated this is a one acre parcel. There is an existing single family home in the middle of the parcel that is for sale. Ashley Meadows is the eastern boundary, and the proposed street will form the southern boundary, which is surrounded by subdivisions. He stated this will be a minor subdivision with four lots going in. He said the applicants are requesting R-3 zoning and they want to build four single family homes. It is in compliance with the growth policy. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Jim Burton, surveyor for the project, stated that R-3 fits with the developer's plan, and the lots are larger than the zone requires, and is the next possible subdivision to come in. He said they want to come into the city and hook up to services. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Atkinson seconded to adopt staff report KA-03-19 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning be R-3, Single Family Residential, an approximately 1 acre upon annexation to the City of Kalispell. BOARD DISCUSSION Atkinson asked if the adjacent lot was in the county. Jentz answered that the owner of Ashley Meadows lived there and developed the subdivision around his home. Hull asked if the South Meadows Drive on the map was an easement or if it was a road. Jentz answered it is a road, but it goes over wetlands and ' needs a bridge. He said the right of way is there for future use. ROLL CALL The motion passed unanimously on a roll call vote. JOHNSON INITIAL ZONING A request by Larry and Arlene Johnson for an initial zoning UPON ANNEXATION designation. of I-1, Fight Industrial, on approximately .34 acres of land located generally between the Kalispell City Kalispell City Planning Board Minutes of the meeting of October 147 2003 Page 10 of 12 Airport and US 93 South upon annexation to the City of Kalispell. STAFF REPORT VA-03-17 Tom Jentz, with the Tri-City Planning Office, gave a presentation of Staff Report KA-03-17, a request by Larry and Arlene Johnson for an initial zoning designation of 1-1, Light Industrial, on approximately .34 acres of land upon annexation to the City of Kalispell. Jentz showed a site plan of the property, which currently contains an airplane hangar. He said the city is looking at fencing the airport and is limiting access on that side of the airport. He said the building is designed to be either a warehouse or a hangar, and is located at the edge of city limits. He stated the property is fully developed and would like to hook up to city services. He stated the frontage is not viable commercial property, and city industrial zoning is to the immediate north. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Arlene Johnson, applicant, stated that they have put in sewer and water from Big R to their hangar and are awaiting permission to hook up to it.. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Hinchey moved and Anderson seconded to adopt staff report KA-03-17 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning be 1-1, Fight Industrial, on approximately .34 acres upon annexation to the City of Kalispell. BOARD DISCUSSION There was no discussion.. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS Taylor asked about the frequency of work sessions, and asked if the 4th Tuesday of the month is frequent enough to have them. I There was discussion about taking a break from work I sessions around the holidays. Jentz talked about next month's agenda and the number of items that would be on it, and asked if the board wanted it all on one meeting, or splitting it into two. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page I 1 of 12 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 satne 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 So. kQ 5i�L-z.� 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 City of Kalispell. z Peiittione caner ".0 Petitioner/Owner Please return this petition to: Tri-City Planning Office 17 2ad St East. Suite 211 Kalispell MT 59901 NOTE: Attach Exhibit A STATE OF MONTANA ) ss County of Flathead County On this _day of uzs ,� �, before me, the undersjnecl, a Notary Public for the State of Montana, personally appeared j� or V ' X 'Is V'i known to me to be the person whose name is subscribed to thi foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m of eal the ay and year in this certificate first above written. Notary P ic, State of Monta Residing t c Il My Commission expires f STATE OF MONTANA ) ss County of Flathead County On this _-L-E5 —day of t t.s''t 203,-before me, the un ersigned, a Notary Public f« r the State of Montana, personaffy appeared s^ r ele- 0 z 0 j D yj 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 ha and affixed in Nota Seal the day and year in this certificate first above written. Notary Pu , State of Montan Residing at r s My Commission expired d© STATE OF MONTANA ) ss County of Flathead On this _day _day of before me, the undersigned, a Notary Public for The State of Montana, personally appeared and the and respectively, of the corporation 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 PETITION NO. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the ��,1 S�'.--L.Rural Fire District. The petitioner (s) requesting City of Kalispell annexation of the property described herein 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 within the rest of the municipality prior to annexation. 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. Dated this ! 8 day of 14tt 6--if 5 %2009'. 3 LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: ,�z0 �3,1 PROPERTY ADDRESS: 7 F OWN PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE Order Number CG-26740 WARRANTYDEED (JOINT TENANCY) FOR VALUE received LINDA J. STEVENS Compliments of Sterling Title Services t 1 South ?Hain Street Kalispell, MT 59901 the Grantor does hereby grant, bargain, sell and convey unto LARRYA. JOHNSON and ARLENE JOHNSON the Grantees, as joint tenants with full right of survivorship (and not as tenants in common), the following described premises in Flathead County, Montana, to wit: Those portions of the Northwest Quarter of the Southeast Quarter and the Northeast Quarter of the Southwest Quarter, Section 20, Township 28 North, Range 21 West, Flathead County, Montana described as follows: Commencing at the rnost Northerly oar of Tract 1 per Certificate of Survey No. 7123, which point is on the Southwesterly right of way line of U.S. Highway No. 93; thence along the Southwesterly line of the highway South 32°50'29" East a distance of 199.92 feet to a point; thence South 570912" West a distance of 198.59 feet to the Point of Beginning, thence continuing South 57'09' 12" West a distance of 148.96 feet to a point; thence North 32150'48" West a distance of 98.00 .feet to a paint; thence North 57009,12" East a distance of 148,96 feetto a point; thence South 32°50`48" East a distance of 98.00 feet to the Point of Beginning. Shown as Parcel B of Certificate of Survey 48340. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees, as joint tenants with the full right of survivorship, and to the survivors thereof, and such survivor's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantees, that she is the owner in fee simple of said premises, that said premises are free from all encumbrances EXCEPT agreements, reservations, conditions, restrictions, certificates and easements as are apparent or of record and that she will warrant and defend the same from all lawful claims whatsoever. Bated: October.,, 1998, Lin a 7. t ,ens STATE OF MONTANA, COUNTY OF FLATHEAD On this day of October, 1999, before me, a Notary Public in and for said State, personally appeared Linda J. Stevens, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. 1N IN+IqR,OF, I have hereunto set my hand and affixed my official seal, the day and year last above written. �OTgRp S * w`•�" i = 14otary Public for e State of Montana :., •'i t� ,.r .` Residing at: Kalispell My Commission Expires: 05/19/99 STATE OF MONTANA, COUNTY OF FLATHEAD Recorded at the request of this day of , 19 , at o'clock _M and duly recorded in the records of Flathead County, Montana, Document No. County Clerk and Recorder Fee $ Paid Deputy Return To: Larry & Arlene Johnson LARRY AND ARLENE JOHNSON REQUEST FOR INITIAL ZONING OF 1-1 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-03-17 OCTOBER 6, 2003 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of I-1 upon annexation to the city. A public hearing has been scheduled before the planning board for October 14, 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 developer has petitioned for annexation and an initial zoning classification of I-1, Light Industrial. The property is in the County zoning jurisdiction and is zoned County B-2, a General Business District. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The applicant desires to hookup to city services for his existing hanger building. A. Petitioner and Owners: Larry and Arlene Johnson Box 298 Kalispell, MT 59901 (406) 250-8657 S. Location and Legal Description of Property: The property proposed for annexation and initial zoning is located generally between. the Kalispell city airport and US 93 South on the south end of Kalispell immediately behind Burton's Appliance. Access is via a paved road between Burton's and the Victory Chapel Church. The property can be described as Parcel B of Certificate of Survey 8340 located in Section 20, Township 28 North, .Mange 21 West, P.M.M., .Flathead County, Montana. C. Existing zoning: Currently this property is in the West Side Zoning District and is zoned County B-2, a General Business zoning district which has a 7,500 square foot minimum lot size requirement for newly created lots and anticipates general retail sales and service including those businesses that specialize in outdoor display. D. Proposed Zoning: The property owners are requesting City 1-1 zoning, a light Industrial zoning district, which allows a wide variety of industrial, manufacturing, and storage uses including airplane hangars. E. Size: The area proposed for annexation and initial zoning contains approximately .34 acres. F. Existing Land Use: The site contains an existing leased airplane hanger. The remaining westerly half of the site is vacant and available for addition building space. Presently, several pieces of equipment including a boat and a fifth wheel are parked on the vacant portion of the site. #KA-03-17 Page 1 of 4 G. Adjacent Land Uses and Zoning: The zoning is a mixture of B-2 General Business along the highway with I-1 off of the highway. Burtons Appliance and the Victory Chapel front on US 93 on either side of the main access road back to the site. Large warehouses abut the east and south immediate boundaries of the site and to the north lies Conlin's furniture warehouse. Forth: Conlin's Furniture warehouse - City I-1 zoning South: Warehouse and storage buildings - City B-2 zoning East: Burton's appliance and commercial space - County B-2 West: Warehouse and storage buildings - County B-2 zoning H. General, Land Use Character: The character of the immediate area can be described as commercial uses fronting on US 93 with storage and warehousing space off of US 93 near the airport. The immediate site does not abut the airport property but appears to be extremely close and have an access easement tap to the airport property. I. Availability of Public Services: City water and sewer are located adjacent to the site and can be extended. There is no public storm sewer system in the area available to serve this property, therefore an engineered storm water management plan would have to be developed which uses on site retention methods if the site is further developed. Fire, police, ambulance and city administrative services will be provided as part of the City services to these properties. J. Additional background information: The applicant has indicated a desire to hook up his existing leased hanger space to city sewer and crater. Upon discussions with the airport manager, this property may have an easement up to and touching the east side of the airport. however, the airport has no record of granting an easement onto the airport grounds. In addition, the airport is in the process of constructing a fence along the entire east side of the airport for security purposes thus prohibiting any uncoordinated or directed access onto the airport. The airport is developing a policy of only allowing hanger space and airport access on the crest side of the airport. Thus this site does not appear to have airport grounds access thus making a hanger a difficult use to utilize. In discussions with the applicant, he indicated that if he could not use it for a hanger site in the future, it would be viable to convert it so some other light industrial use such as storage or warehousing. 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 property is indicated on the Kalispell City Growth Policy future land use designation map as commercial adjacent to the airport. The text of the plan (Chapter 4, Subsection S Industrial districts) calls for adequate industrial land adjacent to and served by the airport. Given the nearness to the airport, surrounding land uses and the finite supply of land around the airport, the request appears to be reasonably in compliance with the plan. #KA-o3-17 Page 2 of 4 2. Is the requested zone desiEned to. l.essen...co.nalestion in the streets? The current zoning is B-2, a very- intense commercial zoning which is intended to cater to and draw in the traveling public. The I-1 zoning generates considerably less traffic although the traffic may include a greater mix of heavy vehicles and trucks. The net result will be equal to or less than what could happen under the current zoning. i a' -• .- 'a aa" su - •.• .a. a a- a.a• The site is level and free of any physical impediments. It is near to the City airport, thus any use which would not be customer dependent or which did not attracted the general public would improve safety to the airport. Industrial activity does not attract or depend upon the public while the existing commercial zone would. Access for fire and other emergency services are adequate via a paved easement off of US 93. Because this annexation will enable the property owners to connect to public sewer and develop this property with full public services, the public health and welfare of the community will be served by encouraging compact development within established portions of the community. The proposed light industrial zoning designation and allowed uses would be subject to the development standards of the I-1 district which help to insure that there is adequate light and air by using building height restrictions and setbacks as well as landscaping and parking requirements. Conditionally permitted uses that might be allowed will have special conditions required for the development. s ,� a- -a -• s• • - -• •- • a.a a ..sa The requested zoning designation is consistent with other I-1 zoning in the area and will continue an industrial storage pattern that is already established. The requested zone will prevent the overcrowding of land because any scale or level of development will be required to be in conformance to city building standards and will include the extension of city services. With adequate services including sewer and water, the existing I-1 development standards will preclude overcrowding concerns. •" e-Me MIRRIZIRIM11 11FAMIRM3741MM90711ne MR&MORM No significant increase in the population in the area will result under the proposed zoning. Designating these properties for industrial development will allow for the expansion of light industrial and storage activities. The lot size requirements and the provision of municipal services serve to reduce congestion and crowding. Finally, the fact that the property is changing from commercial which attracts people to light industrial which has very little capacity to attract people on a regular basis will assist in avoiding concentrations of people. NKA-o3-17 Page 3 of 4 Public service, facilities and infrastructure are currently in place to accommodate the use(s) in the area and can be extended at the applicant's expense. No significant impacts to these services can be anticipated as a result of this zoning proposal. The proposed zoning is consistent with the zoning in the surrounding area. The property lies in close proximity to storage and warehouse facilities associated with the 1-1 zone requested. it �s" s' -s. _� - :a - rs.i - is s' •• r r- r. s r- The general character of the area is commercial adjacent to US Highway 93 but as one proceeds back from the highway frontage, where this property is, the character is storage and warehousing space. The proposed 1-1 zoning fits these uses and the character of the area. k r- r s•s -s sr- s• -� - r- - r i s s• Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. c s' -i Ti •s- - • .•- r" •r• .�• sr - s s" ,■ r � •ir r" ■ we 1 •s The most appropriate use of land throughout the jurisdiction appears to be light industrial in this location. This zoning will support the general character of the area and will be compatible with surrounding uses and current development patterns. This is consistent with the future land use designation for 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 ##KA-03-17 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning for this property should be I-1, Light Industrial, upon annexation. #K9-03-17 Page 4 of 4 Tri-Cite Planning Office 17 Second St Last, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: J ��s Cr 111-5 0 / /r-7 MAIL ADDRESS: _ CITY/STATE/ZIP: & 5 -ri PHONE: INTEREST 1N PROPERTY: ` Other Parties of Interest to be Notified; PARTIES OF INTEREST: MAIL ADDRESS: CITY1STATE/ZIP: PHONE: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the property: / ,1 '_ - IV4 €T Legal Description: `ram - % i ' % `a� S' r� (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: ? The proposed zoning of the above property is: State the than ed or changing conditions that make the proposed amendment necessary: 'er tArN Sew e l - a-o C1 LAj ( +P y.`..... Y i 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 inspection during the annexation -process. 3�'- 1,E - 03 ( Date ) i APPLICATION PROCESS APPLICABLE TO ALL ANNEXATIOOi! AND INTT AL ZONING APPLICATIONS Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to lie discussed are: compliance with the master plan, compatibility of proposed zoning with surrounding zoning classifications and the application procedure. 2. Completed application form. Completed Petition to Annex form including are Exhibit A, legal description of the property. 4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. Fee Schedule: Residential (1 acre or less) no fee All other annexations: Over 1 acre - S 100 for first acre = $10 per acre over 1 acre 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. As Approved by TCPB. Fffective 5;1I03 2 Tri-City Planning Office 17 Second Street Vast -- Suite ?11 Kalisneil.lViaiitaua 59901 Plague: (406) 751-1850 Fax, f406'j 751-1858 tricity(cv eentur Ytei.net TO: Kalispell Citt; Staff and Other interested Parties FROM: Tana Jenrz RE: Octobez- 14, 2003 - Kalispell City Planning Board agenda DATE: September 15, 2003 Attached with this memo is info=ation relating to items that will go before the planning board on the above refereztced date. L A request by Tian Birk for arzne,-,ation, R-3 and RA-1 zoning and preliminary plat approval of Three Mile Subdivision, a 3 ? lot residential subdivision on 9.1 acres of land lying on the n.ordi side of T'nree Mile Drive appro.�xnately one half mile west of North Meridian Road_ The plat would create 30 Lots intended for single family development and 1 lot intended for multi-faraRy development. The subdivision would be deve:oped in accordance with the City of Ka.lispeit's design and construction. standards. The preliminary- plat is being submitted in conjunction with a request for annexation !above 2. A request by GeRnas Development LLC to amend the Kalispell City Zorn' g Jurisdiction, Map from R-3 Single Family Residential to R-3 Residential/ Professional Office, for a one city block area described as Mock 20 3 of Kalispell Addition 3 euitldn the City of Kalistoell. The site contains the former Courthouse Fast building and lies between 7'th &. .Sth Streets East and 3- & 6th Avenues East on the east side of Kalispell. This zoning designation allow as a permitted use single .family and duplex hosing as well as professional offices. 3. A Yegest by Northwest xealtcase Corp. for preiminary plat approval. of a commerciai ,e-subdivisiorz or€ -nosed for the Ruffaio Commons develo-om.ent. The applicant proposes to Zilre e ast ng commercial lots can 3.72 acres and create a total of G commercial fors. i of 3. Block 3, ?base 3 of 3uffaio Commons located oer�vepn Commons iloop and Commons Wav would be divided into 2 co�erciai lots. n addition wo e-a.st -zg lots , ? loe'_� Pease '. of Euif a Commons vvni.ch front on Commons ':ion would be divided r:to lots. enuest �)y IC"X — Naal sDeii nvestors LLC 4 or ere xir? ar=T _plat approval of �cTe-vav ;-vest Subdivision _ r =2. a -_ ivo _.oT corrunerclal d .re'.opinent in ?!anning Assistance TO: ' L_iV f)f ajiSDeil " CS' ,)I -)iumt')ia Fills - C'xv o N'hirefisii " Rp�a.P �. ��SIS B 10; "'' u 'Se, ber 15, '2603 L a-1e 2 acres of io-vd and a retention pond on .62 acres of ?anu on a site located or, she north side of US rligliway 2 and west of Glenwood Drive at the main (south) entrance to the Gateway West Shopping Center. The two lots would straddle either side of the entr an ce road into the Mall. Tb.e site is zoned B- "! Com=aniry Business. A request, by F oppiano Construction, Inc for an initial zoning designation of R - 3; Single Family Residential upon, anne.---don to the City of Kalispell on approximately 1.0 acre of land located on the east side of Denver Avenue imrrediately east of the intersection. of Phoenix Street in southwest. Kalispell. This zonirig designation anticipates single-family residences. The property is currently zoned R-I single family resiaential i a the County- zoning �tirisdiction. 6. A request by Larry and Arlene Johnson for an initial zoning designation of i- l Light Industrial upon annexation to the City of Kalispell on approximately a .34 acre tract of land located generally between the Kalispell city airport and US 93 South on the south end of Kalispell. This zoning designation anticipates light industrial uses including airplane hangers. The proper- is =ently zoned B-2 General Business in the County- zoning jurisdiction_ The propertv proposed for arnexation and zoning can be described as Parcel B of Certificate of S-=ev 8340 located in Section. 20, Township 28 North, Range 21 West, P.M.M., Flathead Count,,,-, Montana. Lhese items will go before the Site Development Review Committee in the Kalispell Building Department beg.nning at 10:00 a.m. on the following dates: • September 1.8, 2003 - Initial comments 0 September 25, 2003 - Final comments/review conditions These =natters will go before the Kalispell City ?Ianning Board on Tuesday. October ? 4, 2003 zor public hearsr� g. Please br.`ng voux comments to the above referenced site review committee meQting(s� or submit 77our coraenis in writing or by phone, prior to 7--, ''�'- ')!1 ^ i-. t tlie� be uric rr" a-i�e into u�P raanr` ?-.� �}"7P Seprember 25. 20103 so t at r can C'r�4� o Stall _ Tanning board. You cal? reach Me at i, u i lc� Mf _`ouT need c dcutionai ±nICi?"'J1.2t=on--garding 3r,.v of -here te=s, please call me. Thank 71ou for Oak:ng .he ' e Lo review and corIF.m en-L 7i3 Lhese items. Seacpmner I:,, 20CS P aagt 2 c: Y7v ;' a-ach-meritsrits- Jim Stewaft, Fire Dept, Mzke Baker, Parks and Rec Chris Kukalski, City Nlanager Pi. Sorenson, Zog Administrator Roger Kraus, Police Dept_ Frank Castle, Civil Engineer Jim Hansz, Director 'Public Warks Sandy- Wheeler, Community Redeveiopment Susan Mover, Community Development Director Craig Keraman, Chief Building Inspector Charles Harball, City Attorney Steve Herzog, MDOT Charlie Johnson., Co. Rd. Superintendent Applicant / Owner H: \...\AGREF\IiALTSPELL\KP!31Q-14REF-DOC Randy $rodehl - Fire Chief Jim Stewart - Assistant Chie Trevention Dee McCluskey --- Assistant Chiefr`Operations TO: TOM JENTZ, DIRECTOR FROM: JIM STEWART, FIRE MARSHAL DATE: SEPTEMBER 26, 2003 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 SAX_ (406) 758-7952 SUBJECT: ANNEXATION AND INITIAL ZONING — LARRY JOHNSON We have reviewed the information submitted on the above -referenced project and have the following comments. 1, Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Single-family homes in excess of 3600 square feet shall be provided with a minimum fire flow of 1500 gpm or more, dependent on square footage and type construction. 2. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. 3. Street designs shall provide for a minimum clear width of 20' for emergency vehicle access. No Parking signage shall be provided as necessary to maintain width. 4. Approved emergency vehicle turnarounds shall be provided at dead-end access roads that exceed 150' in length. This requirement will also need to be addressed during project phasing. Please contact me if you have any questions. I can be reached at 758-7763. "-.Issisting vita- comli7unity in redveing, prevenring, and mitigating enierg envies. " No '7431.: NOTtCE.OF'PUBLIC HEARING KALISPELL CITY 'PLANNING BOARD AND ZONING. COM- MISSION The regular meeting of the' Kalispofl.'City:"Pian- ning. Board and Zoning Commission. is sched- uled for 'Tuesday, Octo- ber 14, 2003 beginning. ar7 40'PM in'the Kazis Ing agenda fterns:. The Board will rnake' a red-,: :ommendation toAhe.Ka- lispell:CV, Council who �reoueSt by T IM Birk an behalf of Tho- mas and Shirley Jones for a� � initial zoning des- ignation upon annexa- tion to the C€ty of Kalis- pell of R-3, Single Fami- ly Residential on ap- proximately 7.7 acres and RA-1, Low Density Residential A: artment or approximately 1.4 acres located on the north side of Three Mile Drive approximately one-half mile west of North Meridian Road. This zoning designation anticipates single-family in the R-3 area and sin- gie-(amity, duplex and multi -family in the RA-1 area. The property Is currently in the County zoning jurisdiction and is zoned SAG-10, a Suburban Agricultural zoning designation. A preliminary plat for 31 lots as described below is being filed concur- rently with the annexa- tion and zoning request. The property proposed for annexation and zon- ing can be described as Tract 1 of Certificate of Survey 9693 and the immediately abutting portion of Three Mile Drive located in Section 1, Township 28 North. .Range 22 West, P.M.M., Flathead Coun- ty, Montana, 2. A request by Tim Birk for preliminary plat approval of Three Mile Subdivision, a 31 -lot residential subdivision on 9.1 acres of land ly- ing on the north side of Three Mile Drive ap- proximately one half mile west of North Meri- dian Road. The plat would create 30 lots in- tended for single-family development and 1 lot intended for multi -family development. The sub- division would be devel- oped in accordance with the City of Kalispell's design and construction standards. The prelimi- nary plat is being sub- mitted in conjunction with the annexation of the property and desig- nation of initial zonino of .R-3 Urban Residential and RA-1, Low Dersity Residential Apartment. -The property can be de- -scrined as Tract '. of Certificate of Survey 9693 located in Section 1 , Township 28 North. Flange 22 West. P.1,A.M., Flathead Coun- ty. M�ontana 3. A request by Geli- nas Development LLC to amend the Kalispell City Zormc Jurisdiction Map from R-3 Single Family Residential to R- 5 Residential/ Professio- nal Office for a one city block area described as Block 203 of Kalispell Addition 3 within the City of Kalispell. The site contains the former Courthouse East build- ing and Pies between 7th & 8th Streets East and 5th & 6th Avenues East on the east side of Ka- lispell. This zoning des- ignation allow as a per- mitted use single family .and duplex hosing as well as professional offi- ces. 4. A request by North- west Healthcare Corp. for preliminary plat ap- proval of a commercial re -subdivision proposed .for the Buffalo Com- mons development. The applicant proposes to -take three existing com- :merciat lots on 3.72 acres and create a total of 5 commercial lots. Lot 3. Block 3. Phase 3 .of Buffalo Commons io- cated between Com- mons Loop and Com- mons Way would be divided into 2 commer- cial lots. In addition two existing lots 3 & 4, Block 1, Phase 4 of Buffalo Commons which front on Commons Loop would be divided into 3 Jots. The subdivision would be developed in accordance with City of Kalispell's design and construction standards. The proposed lots are located within the City of Kalispell in Section 6, Township 28N. Range 22 West, PMM Flathead County, Montana. 5. A request by ACG — Kalispell Investors LLC for preliminary plat ap- proval of Gateway West Subdivision Unit #2, a two -lot commercial de- velopment on 1.89 acres of land and a re- tention pond on .62 acres of land on a site located on the north side of US Highway 2 and west of Glenwood Drive at the main south) entrance to the ateway 'Rest Shop- ping '-enter. The two lots would straddle ei- ther side of the entrance road into the ball_ The site is zoned 3-3 Com- munity Business. The property is generally de- scribed as the southerly portion of Lot 2 of Gate- way vVest Addition 34 in Section 12. Township 28N. Range 22 ',Nast, PMM Flathead County, ',iantana. 6. A reauest b,,, Fop - piano :ogst uctic-n, Inc for an Initlat zoning des- ignation of R-3. Single - Family Residential upon annexation to the City of Kalispell on approxi- mately 1.0 acre cf land located on the eas, side of Denver Avenu€ im- mediately east of the in- tersection of Phoenix Street in southwes Ka- lispell. This zoning des- ignation anticipates sin- gle-family resider^oas- The property is currently zoned R-1 single-family residential in the County zoning jurisdiction. The property proposed for annexation and zoning can be described as Tract 2 of Certificate of Survey 11,352 located in Section 19, Township 28 North, Range 21 West. P.M.M., Flathead County, Montana. 7. A request by Larry and Arlene Johnson for an initial zoning desig- nation of 1-1 Light fndus- trial upon annexation to the City of Kalispell an approximately a .34 acre tract of land Iocat- ed generally between the Kalispell city airport and US 93 South on the south end of Kalispell. This zoning designation anticipates light industri- al uses including air- plane hangers. The property is currently zoned 8-2 General Business in the County zoning jurisdiction. The property proposed for annexation and zoning can be described as Parcel B of Certificate of Survey 8340 located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public in- spection, at the Tri-City Planning Office. 17 Sec- ond Street East, Suite 211. Kalispell MT 59901, and are availa- ble for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and can- cerris known to the Board. Written com- ments may be submr- ted to the Tri-City Plan- ning Office at the above address. prior to the daze of thn hearing, or contact Tom Jentz.:)i- rector, at t406) 1850 for additional infor- mation. Is/Thomas R. ,lenrc Thomas R. Jentz Plann€ng Director 5eotember 28, 2003 7AF ..; 7 L mom � 7A A B 71 21 CD .L. '- - 7 H erty 7 F B 7 ' 7CG 7C 7C ---- --- B IN 5 R.A..f .1..JR -10 5 H ] E VICINITY MAP LARRY & ARLENE JOHNSON REQUEST FOR INITIAL ZONING UPON ANNEXATION FROM COUNTY, B- 2 -- GENERAL BUSINESS, TO I-1 --- LIGHT INDUSTRIAL, CITY OF KALISPELL PLM DATE: 8/28/03 FILE KA--- 03 —17 SCALE 1 " = 200' x:\&\Sj�\ka03_l7-d"g