07. Resolution 4261 - Spring Creek - Annexation and Zoning RequestRESOLUTION NO. 4261
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, A TRACT
OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS SPRING CREEK DEVELOPMENT L.L.C.
ADDITION NO. 272; TO ZONE SAID PROPERTY GENERAL BUSINESS, B-2, TO
AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from
Spring Creek Development L.L.C., the owners of the property
described as a portion of Tract 1 of Certificate of Survey No.
122536 located in the southeast quarter of the southeast quarter of
Section 12, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, requesting that the City of Kalispell annex the
territory into the City with a General Business, B-2 zoning
classification, and
WHEREAS, the Flathead Regional Development Office has made a
report on Spring Creek Development L.L.C. Addition No. 272,
Annexation and Zoning Request, #KA-96-2, dated April 1, 1996, and,
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell and be zoned General Business, B-2, and
WHEREAS, based upon the report of the Flathead Regional
Development Office and the recommendation of the Kalispell City -
County Planning Board and Zoning Commission, the City Council of
the City of Kalispell finds that the recommended zoning
classification for the territory is appropriate based upon the
following criterion:
Does the requested zone comply with the Master Plan?
The property is designated by the Kalispell City -County
Master Plan as "Commercial". The requested B-2 zoning
classification is in conformance with that designation.
Is the requested zone designed to lessen congestion in
the streets?
Some increases in traffic impacts will result from the
change in zone from residential to commercial. U.S.
Highway 2 West will provide primary access to the
property which is adequate to accommodate the additional
traffic generated from this site.
1
Will the requested zone secure safety from fire, panic,
and other dangers?
No apparent significant or unusual conditions exist which
would result in a compromise of the ability to provide
adequate security from fire or other emergency
situations. Development of this property requires
compliance with all city safety codes including uniform
codes relating to fire and building safety. All
municipal services including police and fire protection,
water and sewer service is available to the area.
Will the requested zone promote the health and general
wPlfarP?
The requested zoning classification will promote the
health and general welfare by restricting land uses to
those that would be compatible with the adjoining
properties.
Will the requested zone provide for adequate light and
air?
Development standards for the B-2 zoning classification
establish setback, height, and coverage standards for
development occurring on this site. These standards are
sufficient to ensure adequate light and air consistent
with the character of the surrounding area.
Will the requested zone prevent the overcrowding of land?
Development standards will ensure that new development is
appropriately sited and served with public utilities and
services, and that overcrowding of the land does not
occur.
Will the requested zone avoid undue concentration of
people?
The B-2 zone which is being proposed contains property
development standards which dictate such things as
minimum lot size, permitted lot coverage, and yard
setbacks. Such standards ensure proper density of
development.
Will the requested zone facilitate the adequate provision
of transportation, water,.sewerage, schools
p , , , , parks and
other public requirements?
The zone change is not likely to increase demands for
these services. Most of this parcel has already been
E
annexed with the appropriate extension of municipal
services to the property.
Does the requested zone give consideration to the
particular suitability of the property for particular
uses?
The requested zone permits a broad range of commercial
uses, all of which are suitable for the subject property
and compatible with surrounding uses.
Does the requested zone give reasonable consideration to
the character of the district?
The proposed zoning is a "general" commercial
classification that anticipates commercial development of
the property in a manner similar to that which
characterizes the district. The character of the
district would not be affected by the zone change.
Will the proposed zone conserve the value of buildings?
The site is currently being developed with the Hampton
Inn. Annexing this property and including it in the same
zoning classification as the parent tract will facilitate
the completion of the construction now taking place and
make it a more viable piece of property.
Will the requested zone encourage the most appropriate
use of the land throughout the municipality?
The requested B-2 zoning classification will promote land
uses consistent with the anticipation of the Master Plan
and with the surrounding uses.
WHEREAS, on the 6th day of November, 1995 the City Council of
the City of Kalispell adopted, pursuant to Section 7-2-4610,
Montana Code Annotated, an Extension of Services Plan which
anticipates development of City services for approximately five
years in the future, and
WHEREAS, the City has caused to be developed a "mini -extension
of services plan", attached hereto as Exhibit "A" and thereby made
a part hereof, for the territory by this Resolution annexed to the
City of Kalispell, and
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Spring Creek Development L.L.C.
Addition No. 272, subject to annexation, including water, sewer,
storm drainage, streets, garbage collection, police protection and
fire protection, and
3
WHEREAS, said "mini -extension of services plan" provides for
financing the extension of municipal services or maintenance of
existing services by utilizing funds allocated and expended,
pursuant to the annual City budget without incurring additional
bonded indebtedness, and
WHEREAS, Spring Creek Development L.L.C. Addition No. 272 is
included within and conforms to the Kalispell City -County Master
Plan, 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 is more
particularly described as a portion of Tract 1 of
Certificate of Survey No. 12536, located in the southeast
quarter of the southeast quarter of Section 12, T28N,
R22W, P.M.M., Flathead County, Montana, shall be annexed
to the City of Kalispell and the boundary of the City is
altered to so provide, and shall be known as Spring Creek
Development L.L.C. Addition No. 272.
SECTION II. Upon the effective date of this Resolution,
the City Clerk of Council 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 of Council, 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 General Business, B-2.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
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PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS DAY OF , 1996.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
5
Douglas D. Rauthe, Mayor
M
EXTENSIONOF SERVICES PLAN FOR
�JWM2 r 1 i-11 ,
Water: A 6" water line has been extended from the right-of-way of US Highway 2 to serve the
subject property. It will be the responsibility of the developer to bear all costs associated with
connection to the utility.
Sewer: There is also a private 8" sanitary sewer line extension from the main located to the
north in the US Highway 2 right-of-way. The developer will likewise be responsible for
connection charges to the sewer system.
Roads: The subject property is currently accessible from US Highway 2 West via an easement
on an adjacent parcel of property.
Storm Drainage: The nearest public storm drainage improvement in the vicinity is located
- " approximately 450 feet to the east in the right-of-way of Meridian Road. Storm run-off will be
required to be handled on -site.
Other City Services: Police and fire protection, as well as refuse collection services, will be
available to the area upon annexation to the city.
Construction Standards: The extension of public infrastructure such as water and sewer has been
designed and constructed by the property owner. Access improvements are also the responsibility
of the owner. Construction shall be in accord with all City of Kalispell standards, specifications,
and requirements.
EXTENSION AND FINANCE STRATEGIES:
Extension of services to this property are minimal because most of the necessary infrastructure
is in place. Most of the improvements to the property have been done in association with the
current development of the site. This has included the extension of service lines from existing
water and sewer mains which run along the right-of-way in front of this property. No special
assessments or financing appear to be required and any financing of these improvements would
be borne by the developer.
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SUBJECT 11111
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Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
April 17, 1996 Fax: (406) 758-5781
Al Thelen, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Spring Creek Development L.L.C. Request for Annexation and Zoning
Dear Al:
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their
regular meeting of April 9, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the
following agenda item:
A request by Spring Creek Development L.L. C. for annexation into the City of
Kalispell and initial zoning from County R-1, Suburban Residential, to City B-2,
Community Business. The property proposed for annexation is located south
U.S. Highway 2 West approximately 300 feet and west of Meridian Road
approximately 400 feet. The property which is being proposed for annexation
and zoning contains approximately 1.1 acres, which is a portion of Tract 1 of
Certificate of Survey No. 12536 as filed in the Office of the Clerk and Recorder,
Flathead County. This property is located in the southeast quarter of the
southeast quarter of Section 12, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana.
A staff report was presented by Narda Wilson of the Flathead Regional Development Office who
evaluated the proposal based upon the statutory criteria and recommended approval of the
proposed zoning. Narda noted that this property is where the Hampton Inn is being constructed,
and that the acquisition of an additional 0.109 acre into the existing parcel prompted the request
for annexation.
When researching the legal description of the area to be annexed, it was found that the previous
annexation dealing with the original parcel had been misfiled in the Clerk and Recorder's Office.
Annexing the acquired property affords the opportunity to correct this error and results in
annexing approximately 1.1 acres.
The property owner spoke at the public hearing in favor. No one spoke in opposition to the
request. The Commission considered the proposal. A motion was made to adopt FRDO Report
#KA-96-02 as findings of fact, and recommend the proposed B-2, Community Business zoning.
The motion passed unanimously on an 8-0 vote.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Al Thelen, Interim City Manager
City of Kalispell
Re: Spring Creek Development L.L.C. Request for Annexation and Zoning
April 17, 1996
Page 2
This recommendation is forwarded to City Council for the April 22, 1996 work session and
subsequent May 6, 1996 regular City Council meeting for final action on the request for
annexation and initial City zoning.
Please contact this Commission or Narda Wilson at the Flathead Regional Development Office
if you have any questions.
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Pamela J. B. needy
Vice President
PJBK/NW/dh
Attachments: FRDO Report #KA-96-02
Application Materials
Minutes from the 4/9/96 Planning Board meeting
c: Spring Creek Development L.L.C.
c/o Richard A. Vandervert
55 Lincoln Road, #106
Spokane, WA 99208
Steven E. Cummings
Murphy, Robinson, Heckathorn & Phillips, P.C.
P. O. Box 759
Kalispell, MT 59903
H:\... \ 1996\KA96-2. TRM
i
SPRING CREEK DEVELOPMENT L.L.C. ANNEXATION AND ZONING REQUEST
r O. 4. ,R
FLATHEADZONING AND ANNEXATION STAFF REPORT #KA-96-2
REGIONAL DEVELOPMENTOFFICE
9
Spring Creek Development L.L.C. has petitioned for annexation into the city limits of Kalispell
and initial zoning. This report evaluates the appropriate assignment of a City zoning
classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. A
public hearing has been scheduled before the Kalispell City -County Planning Board and Zoning
Commission for April 9, 1996 beginning at 7:00 PM. The Planning Board and Zoning
Commission will forward a recommendation to the Kalispell City Council for final action.
PROPOSED ZONING CLASSIFICATION
The applicant has proposed a zoning classification of B-2, a General Business district. Currently .
the property is zoned County R-1, a Suburban Residential district in the Flathead County Zoning
Regulations. The Kalispell Zoning Ordinance describes the intent of the B-2 district as follows:
"A business district to provide areas for those retail sales and service functions
and businesses whose operations are typically characterized by outdoor display,
storage, and/or sale of merchandise, by major repair of motor vehicles, and by
outdoor commercial amusement and recreational activities. This district would
also serve the general needs of the tourist and traveller."
BACKGROUND INFORMATION
A petition has been received for annexation into the city limits and initial zoning for
approximately 1.1 acres of land adjoining the city limits. The applicant is proposing a City B-2,
General Business, zoning district for property which is currently zoned County R-1, Suburban
Residential. The area within the parcel proposed for annexation and rezoning is approximately
1.1 acres in size.
Recently the property owners have acquired a 0.109 acre piece of property through a boundary
line adjustment which they would like to have annexed. This parcel was subject to annexation
in November of 1992. In researching this annexation proposal, it was discovered that an
incorrect legal description was included with Resolution 4084 which inadvertently omitted
approximately one acre intended for annexation. This property along with the additional
property recently acquired are the subject of the annexation request.
A. Petitioner and Owners: Spring Creek Development L.L.C.
c/o Richard A. Vandervert
55 E. Lincoln Road, #106
Spokane, WA 99208
The property proposed for annexation is located south of U.S. Highway 2 West
approximately 300 feet and west of Meridian Road approximately 400 feet. The property
which is being proposed for annexation and zoning contains approximately 1.1 acres,
which is a portion of Tract 1 of Certificate of Survey No. 12536 as filed in the Office
of the Clerk and Recorder, Flathead County. This property is located in the southeast
quarter of the southeast quarter of Section 12, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
B. Existing zoning:
As previously mentioned, approximately one acre of this property was annexed and
zoned City B-2, a General Business district, however, an incorrect legal description filed
with the Clerk and Recorder's Office did not accurately describe the proposed
boundaries. Hence, this parcel has inadvertently remained zoned County R-1. This
annexation and zoning request has included this property to correct this error.
The 0.109 acre piece of property which was recently acquired through a boundary line
adjustment is zoned County R-1, a Suburban residential district which is a single-family
residential zoning district with a one acre minimum lot size requirement.
C. Proposed Zoning:
City B-2, a General Business zoning district, is proposed for this property. This district
is intended to provide for retail sales and services which is characterized by outdoor
display and which will serve the needs of the general public, tourist and traveller. A
wide range of commercial uses are permitted in this district.
D. Size: The area proposed for annexation and zoning contains approximately 1.1 acres
E. Existing Land Use: Hampton Inn is currently in the process of constructing a hotel and
restaurant on a portion of this parcel. Spring Creek borders this property to the south.
F. Adjacent Land Uses and Zoning:
The area is generally characterized by commercial development which has direct access
onto US Highway 2 West.
North: Gateway West Mall, auto service center, gas station and other commercial
development; City B-2 and City B-3 zoning.
East: McDonald's Restaurant and other commercial development; City B-2
zoning.
2
South: Spring Creek, large parcel single-family residential development; County
R-1 zoning.
West: Restaurants and other commercial development; City B-2 zoning.
G. General Land Use Character:
The general land use character in the area of this property is primarily commercial with
lots accessing from US Highway 2 West. Gateway West Mall, auto service stations and
services, restaurants, a motel and other commercial development are in the immediate
area. The proposed B-2 zoning would facilitate a use which is consistent with other uses
in the area.
AVAILABILITY OF PUBLIC SERVICES
Full public services can be provided to this site. A separately prepared "Extension of Services .
Plan" discusses the provision of public services to this property.
G. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Pacific Power
Telephone:
PTI service area
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
REACTION OF NEARBY PROPERTY OWNERS
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 had
been received by the Flathead Regional Development Office.
EVALUATION BASED ON STATUTORY CRITERIA
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.
3
1. Does the requested zone comply with the Master Plan
The property is designated by the Kalispell City -County Master Flan as *Commercial.*
The requested B-2 zoning classification is in conformance with that designation.
Some increases in traffic impacts will result from the change in zone from residential to
commercial. US Highway 2 West will provide primary access to the property which is
adequate to accommodate the additional traffic generated from this site.
3. wily the requested zone secure safety from fire, panic, and other ag -
No apparent significant or unusual conditions exist which would result in a compromise
of the ability to provide adequate security from fire or other emergency situations.
Development of this property requires compliance with all city safety codes including
uniform codes relating to fire and building safety. All municipal services including
police and fire protection, water and sewer service is available to the area.
4. Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare by
restricting land uses to those that would be compatible with the adjoining properties.
5. Will the requested zone provide for adequate light and air?
Development standards for the B-2 zoning classification establish setback, height, and
coverage standards for development occurring on this site. These standards are sufficient
to ensure adequate light and air consistent with the character of the surrounding area.
6. Will the requested zone prevent the overcrowdingof land?
Development standards will ensure that new development is appropriately sited and
served with public utilities and services, and that overcrowding of the land does not
occur.
7. Will the requested zone avoid undue concentration of people?
The B-2 zone which is being proposed contains property development standards which
dictate such things as minimum lot size, permitted lot coverage, and yard setbacks. Such
standards ensure proper density of development.
4
8. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools. parks, and other public requirements?
The zone change is not likely to increase demands for these services. Most of this parcel
has already been annexed with the appropriate extension of municipal services to the
property.
9. Does the requested zone give consideration to the particular suitability of the property
for particular uses?
The requested zone permits a broad range of commercial uses, all of which are suitable
for the subject property and compatible with surrounding uses.
10. Does the requested zone give reasonable consideration to the character of the district?
The proposed zoning is a "general" commercial classification that anticipates commercial
development of the property in a manner similar to that which characterizes the district.
The character of the district would not be affected by the zone change.
11. Will the proposed zone conserve the value of buildings?
The site is currently being developed with the Hampton Inn. Annexing this property and
including it in the same zoning classification as the parent tract will facilitate the
completion of the construction now taking place and make it a more viable piece of
property.
12. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
The requested B-2 zoning classification will promote land uses consistent with the
anticipation of the Master Plan and with the surrounding uses.
SUMMARY AND DISCUSSION
Most of the property proposed for annexation and zoning involves a portion of a parcel which
was previously processed for annexation and zoning to B-2, approximately one acre. The
additional 0.109 acre which has been acquired though a boundary line adjustment is also
included. This area is contiguous to the city limits and has city sewer and water extended to the
site.
The requested zoning classification of B-2 is in conformance with the Master Plan and is
compatible to the adjoining City zoning. No public comment regarding the request has been
received. The zone change will allow commercial development consistent with and compatible
to surrounding land uses.
5
_, •' ii !# ' # i !: } , r:}," :: ! " • } # !. I ' i f f #;t # # f li: #i ; is i . !, i"f
Staff Report #KA-96-2 as findings of fact and forward a favorable recommendation to City
Council for ♦ f. . change to B-2,.General
Commercial upon, 1: # ' ,. .# f In f at
City 1:..
EXHIIBIT
EXTENSIONOF ', i
SPRING DEVELOPMENr
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). This broad -based extension of services plan, together with this "mini -plan"
comprise the Extension of Services Plan for Spring Creek Development L.L.C. annexation.
EXISTING SERVICES:
Water: A 6" water line has been extended from the right-of-way of US Highway 2 to serve the
subject property. It will be the responsibility of the developer to bear all costs associated with
connection to the utility.
Sewer: There is also a private 8" sanitary sewer line extension from the main located to the
north in the US Highway 2 right-of-way. The developer will likewise be responsible for
connection charges to the sewer system.
Roads: The subject property is currently accessible from US Highway 2 West via an easement
on an adjacent parcel of property.
Storm Drainage: The nearest public storm drainage improvement in the vicinity is located
approximately 450 feet to the east in the right-of-way of Meridian Road. Storm run-off will be
required to be handled on -site.
Other City Services: Police and fire protection, as well as refuse collection services, will be
available to the area upon annexation to the city.
Construction Standards: The extension of public infrastructure such as water and sewer has been
designed and constructed by the property owner. Access improvements are also the responsibility
of the owner. Construction shall be in accord with all City of Kalispell standards, specifications,
and requirements.
EXTENSION AND FINANCE STRATEGIES:
Extension of services to this property are minimal because most of the necessary infrastructure
is in place. Most of the improvements to the property have been done in association with the
current development of the site. This has included the extension of service lines from existing
water and sewer mains which run along the right-of-way in front of this property. No special
assessments or financing appear to be required and any financing of these improvements would
be borne by the developer.
F: \... \KA96-02. RPT
7
KA 96-2
KAUSPELL ANNEXAflO'N #273
SECTION 12, T28N, R22W
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