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5. Ordinance 1480 - Zone Change - National Flood Services - 1st ReadingTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitv(&,centurVtel.ne www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director Chris A. Kukulski, City Manager SUBJECT National Flood Services - Zone Change from RA-1 To B-3 north and east of Corporate Drive MEETING DATE: September 2, 2003 BACKGROUND: This is a request by National Flood Services for a change in zoning from RA-1 to B-3. This property is located north and east of Corporate Drive immediately north of the existing National Flood Services office building. The RA- 1, a Low Density Residential Apartment zoning district, allows duplexes and single-family homes as permitted uses and low -density apartments as a conditional use. The minimum lot size requirement for this zoning district is 6,000 square feet plus 3,000 square feet for each additional unit beyond a duplex. The requested B-3 is a community business zone that provides for a wide variety of commercial and professional office uses. The applicant is desirous of expanding the exiting National Flood Services office complex and is in need of additional space to expand into. The exiting office building is zoned B-3 community business. The property in question contains 2.75 acres and lies immediately north of the existing National Flood office complex. This new property will allow National Flood to stay in its same location and expand on -site. Currently the property subject to the zoning request contains a single-family residence which will be moved. This property is in an area which has a mix of uses in close proximity. To the northeast, north and south commercial uses including the Gateway West Theaters, Gateway West Mall and National Flood Services building exist. To the west lies vacant land and to the north lies an apartment complex. The Kalispell City Planning Board held a public hearing at their regular meeting of August 12, 2003. The applicant, Curt Lund, spoke in favor of the zone change. There was no other public comment. The Board considered the issues that were presented to them. A motion was made and passed on a unanimous vote to recommend approval of the rezoning from RA-1 to B-3. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • National Flood Services Zone Change from RA-1 to B-3 August 26, 2003 Page 2 of 2 RECOMMENDATION: A motion to approve the rezoning from RA-1 to B-3 for the 2.75-acre tract would be order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, A Thomas R Jentz Chris A. Kukulski Director City Manager Report compiled: August 26, 2003 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report #KZC-03-2 and application materials Draft minutes from 8/12/03 planning board meeting TRANSMIT\ KALISPEL \2003 \KZC-03-2MEMO.DOC AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 2CC, 2CCA AND 2CF LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO CITY B-3 (COMMUNITY BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE U , f IMa11Tr Y WHEREAS, Curtis Lund, representing National Flood Services Inc., on behalf of Collin Andrews, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-3, Community Business, and WHEREAS, the property is located on the north and east of Corporate Drive, immediately north of the existing National Flood building, and WHEREAS, the petition of Curtis Lund was the subject of a report compiled by the Tri-City Planning Office, #KZC-03-2, dated August 5, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-3, Community Business, as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned B-3, Community Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-3, Community Business, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KZC-03-2. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as B-3, Community Business. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 111. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF .2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk BOARD DISCUSSION There was no board discussion. ROLL CALL The motion passed unanimously on a roll call vote. NATIONAL FLOOD A request by National Flood Services, Inc. for a zone change SERVICES ZONE CHANGE from RA- 1, Low Density Residential Apartment, to B-3, REQUEST Community Business, in order to expand their corporate headquarters. STAFF REPORT Tom Jentz, with the Tri-City Planning Office, gave a KZC-03-2 presentation of staff report KZC-03-2, a request by National Flood Services, Inc. for a zone change from RA- 1, Residential Apartment, to B-3, Community Business. Jentz said that the zone change would be on 2.75 acres which is located immediately north of their existing corporate headquarters. The proposed bypass would run to the south of Corporate Way, giving them excellent access. The property is bounded by a stream and B-3 zoning on three sides, and National Flood would like to extend the B-3 zoning. He stated that this is an intense area of commercial development, and it is right on the fringe between commercial and residential development. Jentz showed a proposed site plan and said the existing residence on the property will be removed. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS IAGENCIES Curtis Lund, 3030 Airport Road, president of National Flood, said that they have two products, flood insurance and homeowner's insurance. He stated that they are a business process outsourcer (they do everything), currently servicing 100,000 agents and 71 insurance companies across the nation. He stated that they have acquired three companies in the last five years and would like to expand because they are moving a portion of the new companies here from Tampa, FL and Washington D.C. into a centralized location. He stated that their building is 54,000 square feet now, and they would like to add about 21,000 square feet. PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Atkinson moved and Johnson seconded to adopt staff report KZC-03-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed zone change from RA-1 to B-3 be approved. BOARD DISCUSSION Hull commented that Springcreek runs alongside the property, and there has been an agreement to not fill the creek any longer. The owner was aware of the agreement. Kalispell City Planning Board Minutes of the meeting of August 12, 2003 Page 2 of 3 ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS There was no old business. NEW BUSINESS Norton was asked by Taylor to set a timeframe for the work program recently affirmed by the City Council. Hull suggested the board meet every other Tuesday for work sessions. Jentz suggested that short agenda meetings could also be used for workshops. The board decided that light board meetings and 4th Tuesdays could be used for workshop items, and that they would adjourn by 9:00 p.m. on workshop nights, beginning in September. ADJOURNMENT The meeting was adjourned at approximately 7:30 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, September 9, 2003. George Taylor Judi Funk President Recording Secretary APPROVED as submitted/ corrected: -/_/03 Kalispell City Planning Board Minutes of the meeting of August 12, 2003 Page 3 of 3 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitv(&centur.ytel.net www.tricitypianning-mt.com August 26, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: National Flood Services - Zone Change Request from RA-1 to B-3 north and cast of Crporate Drive Dear Chris: The Kalispell City Planning Board met on August 12, 2003 and held a public hearing to consider a request by National Flood Services for a change in zoning from RA-1 to B-3. This property is located north and east of Corporate Drive immediately north of the existing National Flood Services office building. The RA- 1, a Low Density Residential Apartment zoning district allows duplexes and single-family homes as permitted uses and low -density apartments as a conditional use. The minimum lot size requirement for this zoning district is 6,000 square feet plus 3,000 square feet for each additional unit beyond a duplex. The applicant is desirous of expanding the exiting National Flood Services office complex and is in need of additional space to expand into. The exiting office building is zoned B-3 community business. The property in question contains 2.75 acres and will allow National Flood to stay in its same location and expand on -site. Currently this property contains a single-family residence which will be moved. Tom Jentz, of the Tri-City Planning Office, presented staff report #KZC-03-2 evaluating the project. Jentz said no neighborhood comment had been received to date and based on staff findings recommended approval of the zone change request. At the public hearing, Curtis Lund, representing National Flood Services, spoke in favor of the project stating it was crucial for the future of national Flood Services to secure land for expansion. No other public comment was received. After the public hearing, the board discussed the proposal and public comment. A motion was made and seconded to adopt staff report #KZC-03-2 as findings of fact, which passed on unanimous vote, to forward a recommendation to the City Council that the zoning designation be changed from RA- 1, Low Density Residential, to B-3 Community Business on the 2.75 acre site. Please schedule this matter for the September 2, 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. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • National Flood Services Zone Change Request August 26, 2003 Page 2 of 2 Sincerely, Kalispell City Planning Board George Taylor President GT/TRJ/sm Attachments: Staff report #KZC-03-2 and application materials Draft minutes 8 / 12 / 03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Curtis Lund, National Flood Services, Inc., 555 Corporate Drive, Kalispell MT 59901 TRANSM1T\KAL1SPEL\2003\KZC-03-2 NATIONAL FLOOD SERVICES INC. ZONE CHANGE REQUEST FROM RA-1 TO B-3 TRI-CITY PLANNING OFFICE STAFF REPORT #KZC-03-2 AUGUST 5, 2003 A report to the Kalispell City Planning Board the Kalispell City Council regarding a zone change request from RA-1 to B-3. A public hearing has been scheduled before the Kalispell City Planning Board for August 12, 2003, at 7:00 PM in Kalispell City Council Chambers. A recommendation from the planning board will be forwarded to the Kalispell City Council for final action. BACKGROUND INFORMATION* The applicants are proposing to amend the Kalispell Zoning Map by rezoning approximately 2.75 acres from an RA -I, Low Density Residential Apartment zoning district to B-3, a Community Business zoning district. The purpose of the change in zoning is to accommodate the expansion of the existing National Flood corporate headquarters office complex. A. Petitioner and Owners: Curt Lund National Flood Services Inc. 555 Corporate Drive Kalispell, MT 59901 (406) 756-8658 (Purchaser) Collin Andrews 484 Two Mile Drive Kalispell, MT 59901 (406) 752-7787 (Owner- Seller) B. Location and Legal Description of Property: This property is located north and east of Corporate Drive immediately north of the existing National Flood Services office building. The property can be described as Assessor's Tracts 2CC, 2CCA and 2CF located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County. C. Existing Zoning: Currently this property is zoned RA- 1, a Low Density Residential Apartment zoning district which allows duplexes and single-family homes as permitted uses and low density apartments as a conditional use. The minimum lot size requirement for this zoning district is 6,000 square feet plus 3,000 square feet for each additional unit beyond a duplex. D. Nature of Request and Proposed Zoning: The property owner is requesting that this property be rezoned from RA-1, Low Density Residential Apartment, to B-3, Community Business. The minimum lot size requirement for this zoning district is 7,000 square feet. The zone provides for a broad array of retail commercial and office uses. The applicants own the property immediately to the south of the proposed zone change. This property contains the National Flood Services Offices building. Do to growth and expansion in their industry; they need to expand their building. The only direction they have to expand and stay in this same location is to grow to the north. They are desirous of constructing a 2 1,000 square foot addition with associated parking on the site of the proposed zone change. Without this room for present and future expansion, their options for remaining on the existing site are limited. KZC-03-2 Page 1 of 4 The westerly portion of the site transitions to High -Density Residential on the future land use map. The growth policy land use designations are intended as a guideline for future land uses and are not intended as the sole consideration for zoning and land uses. The Kalispell Growth Policy encourages the expansion of existing commercial areas based on compact development patterns and encourages infilling to take advantage of existing streets and services. The proposed zone change furthers several goals of the Kalispell Growth Policy relating to expansion of existing commercial areas and the proposed zone change can be considered to be in substantial compliance with the anticipated development for the area. 'WO WAM101MR90 - . - INOMMMMMIMMM-MMMUMI Access to this site will be provided from Corporate Drive via US Highway 2. Corporate Drive is in excellent condition and along with US Highway 2 both have adequate capacity to address future development. Very little risk from fire or other dangers exist on this site. This property does border west Spring Creek. This stream does have a designated floodplain. The 100- year floodplain elevation at this location is 2,963 feet. It appears from flood plain panel map #300025 0005C that the easterly 50 - 100 feet of the property is within the designated floodplain. Risk of a serous flood is limited because of the small size of the stream. Floodplain issues can be addressed at the time a specific proposal is submitted for construction. Drainage on the site will need to be engineered in accordance with plans approved by the Kalispell Public Works Department. Access to the site would be good in the case of an emergency. No significant impacts could be anticipated with regard to safety hazards, fire or other emergency situations. � �IMMFOMTR ROMMMIRMSTUFFIMMIMM By concentrating additional commercial development in an area which has public services, access onto a improved City street and is located in an area which is an established commercial area make this rezoning a reasonable and appropriate use of the property. It appears that the general welfare of the community would be advanced by rezoning this property to commercial. Adequate light and air would •- provided s• • the design standards and the setback requirements for new development within the proposed zoning development standards. Wa VZO1,7141070 Merr*�# The minimum lot size for the proposed B-3 zoning on this property is 7,000 square feet. The potential development associated with this property would be limited only by the development standards associated with the B-3 zoning district that relate to lot coverage, the types of uses permitted under the zoning and the environmental constraints which may be present associated with storm drainage. However, commercial development in this area is appropriate because of its location and the availability of urban serves. The rezoning of this land would not create an undue KZC-03-2 Page 3 of 4 E. Size: The area proposed for rezoning contains approximately 2.75 acres F. Existing Land Use: Currently this property contains a single-family residence and developed yard area. G. Adjacent Land Uses and Zoning: This property is in an area which has a mix of uses transitioning from general and intense commercial on almost 3 sides to multi- family and eventually as one proceeds westward to single-family development. North: Westwind Village Apartments (RA-1 zoning) Gateway Theaters, office building (B-3 zoning) East: Gateway Theaters and Mall (B-3 zoning) South: National Flood Services Office building (B-3 zoning) West: Vacant (RA-1 zoning) H. General Land Use Character: The general land use character of this area is a mix of intense commercial uses that transition westerly to rural lands and single-family residential neighborhoods. I. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Pacific Power and Lights Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell J. Relation to Zoning Requirements: The area proposed for rezoning exceeds the minimum lot size requirement of 7,000 square feet for the B-3 zone. The area will be combined with the property to the south to create a larger ownership and allow the orderly expansion of the existing office building and parking. The parcels in question already contain 3 separate tracts. No subdivision of this property is anticipated at this time. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report no comments have been received. The statutory basis for reviewing a change in zoning is set • 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 included in the Kalispell Growth Policy. The eastern half of the property is designated as Commercial which is in full compliance with the Policy. KZC-03-2 Page 2 of 4 concentration of people or the overcrowding of land especially when compared to the existing multi -family zoning. 7. Will the requested zone facilitate the adequate provision of tr,?nsT#jort,-_4.&Q.-*. wi�._ter_ sewerage, schools,:parks, and other:public requirements? Existing transportation, police and fire protection as well as water and sewer are currently available to service this property and are adequate to accommodate any commercial use which might develop. Development potential of the property is good and adequate provision of services can be provided to this property for commercial development. The Growth Policy anticipates commercial development on this property. Commercial development abuts the property on the south and east sides as well as some of the north side. The location of the property with access to a street which has direct access to US Highway 2 in an established commercial area make commercial development of this site a reasonable request. The character of the area is commercial to the east and south and multi -family further to the north. This property acts as a transition area between the two land use types. This rezoning gives reasonable consideration to the character of the area. MM I-OrAWWWOMMM "*=' Additional commercial development in the area would be consistent and compatible with existing development, thereby minimizing potential conflicts and conserving the value of buildings in the area. This rezoning request is in general compliance with the Kalispell Growth Policy with regard to the location and expansion of new commercial areas. The proximity to other commercially zoned properties and close access to a designated arterial street (US Highway 2) make commercial development a reasonable use of this property. Furthermore, the rezoning is an expansion of commercial development in areas of established commercial area. It appears that this rezoning would encourage the most appropriate use of this property and the use of land in the planning jurisdiction. Staff recommends that the Kalispell City Planning Board and • Commission adopt staff report #KZC-03-2 as findings of fact and recommend to the Kalispell City Council that the requested zone change from RA- 1 to B-3 be granted. TRJ KZC-03-2 Page 4 of 4 I i allIqIIII nliiiporiiiii� wjqu� July 2, 2003 C-EIN 'ED Mr. Tom Jentz i Tri-City Planning Office 17 - 2nd Street East, Suite 211 Kalispell, MT 59901 Dear Mr. Jentz: Enclosed is our petition for zoning amendment for the three RA-1 lots adjacent to the National Flood Services building at 555 Corporate Dr. in Kalispell. We have also enclosed a schematic site plan showing our proposed addition when the zone change is approved. Please call if you require additional information. Upon your approval of our petition, we will be prepared to present our project to the City Planning Board on August 12th. We appreciate your consideration of our petition. Sincerely, b'avidp-'Meredith, Archi4ct NEW P.O. Box"7128 Phone: 406-756-6452 Kalispell, TMT 59904 Fax: 40&752-3109 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 lZaDinva 1. NAME OF APPLICANT: National Flood Services, Inc. 2. MAIL ADDRESS: 555 Corporate Drive 3. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 756-8658 4. INTEREST IN PROPERTY: Intending to purchase for business expansion 5. ZONING MAP AMENDMENT: x ZONING TEXT AMENDMENT: KAM W Its ta #MNalolit"t A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: 484 Two Mile Drive B. Legal Description: Tracts 2CC, 2CCA, 2CF (Lot and Block of Subdivision; Tract #) S12-T28N-R22W (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: D. The proposed zoning of the above propertyropoAev- E. State the changed oon r changing cditions that make the pps . amendment necessary: National Flood Services desires to expand its building to keep u with its growth. Upon approval of the zone change, the property will be purchased for construction of a 21,000 s.f. addition with parking. This zone change allows orderly expansion of the business zone in order to facilitate National Flood Service's growth. I RCWT, '' #`;� *M14T14*W�0 A. Promoting the Master Plan Expansion to a business zone abutting an existing business zone promotes the Master Plan & Growth Policy. B. Lessening congestion in the streets and providing safe access All parking is off-street, well -lit and maintained. Wide driveways allow for safe access and congestion. C. Promoting safety from fire, panic and other dangers All construction will conform to all zoning and building codes. The existing and proposed buildings will be fire sprinkled. D. Promoting the public interest, health, comfort, convenience, safety and general welfare The business zone will allow for the expansion of an existing business which promotes all of the above. E. Preventing the overcrowding of land Setbacks and other zoning regulations set forth in the Community Business Zone B-3 will prevent over crowding the land. Also, our plans will not develop the one acre of land in the flood plain. F. Avoiding undue concentration of population Changes from high density residential to commercial business will lessen the concentration of population._ G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities Business zoned property has higher taxable values than residential and will increase the tax base allowing additional revenue for our city- H. Giving reasonable consideration to the character of the district The district is a combination of businesses and high -density residential. The lots requested for zone change are adjacent to the B-3 property and will maintain the character. This property currently has 1094 if out of a total of 1718 if of common property line with the B-3 zone. 1) 1. Giving consideration to the peculiar suitability of the property for particular uses The land to be zoned business is adiacent to the existing building and is best suited for business use. Specifically, over one acre is in the flood plain and will remain undeveloped. J. Protecting and conserving the value of buildings An addition to the existing building will allow National Flood Services to expand for growth on the same site. This keeps a valuable taxpayer in the city limits. K. Encouraging the most appropriate use of land by assuring orderly growth The zone change will "square -up" the B-3 Zone and allow an existing building to expand. The si f this application signifies approval for Tri-City Planning staff to be present 0 e property or routine monitoring and inspection during approval process. cant) Curtis Lund. (Date) (Title) Colin Andrews, Current Property Owner (Date) L91 4 1 21 1 ILK L, 6 1 X + 5 15G 5FI* 5E 3A LE_'W A Y W OF 2CAI �S�A NESTERU( po AMD DD i m 2 CFI, FI�- W" Y POR ADD #34 P>ATt-jvAy VVES-, GATE 2CJ AMD PLATT Of- X L-2 OF THE 40 - WEST AMD PLAT OF THE AMD PLAT OF WILY PORTION AD OF GATEWAY 3 EST ADD #34 o 2CK co tj-3 HUS, 2CH + OF TH IVIAL! T 2CE 2CH+ PORTI N OF WES S z C t Prop __qub 6KC 7AD 7D AMD PLAT OF L. 2 7�-- i GIBSON MCDON 4 1 SON SALLEE ADD #41 ACCI T IO i ADD, # 3 T-1 A SUB 228 4 B- 2 DD #41 11 IX 2 I 8S0 lZ X� T-2 z 7 VICINITY MAP NATIONAL FLOOD SERVICES, INC. ZONE CHANGE REQUEST FROM RA-1, LOW DENSITY RESIDENTIAL APARTMENT TO B-3, COMMUNITY BUSINESS CITY OF KALISPELL ZONING JURISDICTION PWT DATE: 7/14/03 FILE # KZC-03-2 SCALE 1" = 300' M\&"\mte\kzcO3--2.dwg