08. Resolution 4245 - City Service/Montana Gold Bullet AnnexationAgenda -July 21, 1997
AGENDA ITEM 8 - RESOLUTION 4245-CITY SERVICES/MONTANA GOLD BULLET
COMPANY
BACKGROUND/CONSIDERATION: I have enclosed the report from FRDO in
relation to this request to annex and initially zone the property
to I-1 Light Industrial.
RECOMMENDATION: After review of the Findings of Fact by the
Planning Board, I concur with the Planning Board's unanimous
recommendation to annex this property as an I-1 zone.
ACTION REQUIRED: Approval of RESOLUTION 4245 will complete this
t
annexation and zoning request.
RESOLUTION NO. _4245—
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CITY
SERVICES, INC./ MONTANA GOLD BULLET, INC. ADDITION NO. 282; TO ZONE
SAID PROPERTY LIGHT INDUSTRIAL, I-1; TO AMEND THE CITY ZONING MAP
ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from,
City Service Inc. (Northwest Investment Partnership) and Montana
Gold Bullet Co., the owners of certain real property described in
Exhibit "A" attached hereto and thereby made a part hereof,
requesting that the City of Kalispell annex the territory into the
City with a Light Industrial, I-1, zoning classification, and
WHEREAS, the Flathead Regional Development Office has made a
report on City Service Inc.(Northwest Investment Partnership) and
Montana Gold Bullet Inc., Annexation and Zoning Request, #KA-97-4,
dated June 2, 1997, 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 Light Industrial, I-1, 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:
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This property is located in the South Woodland
\Greenacres Neighborhood Plan area and is designated as
industrial. The proposed zoning complies with that land
use designation. The goals and objectives of the master
plan encourage light industrial uses in close proximity
to a collector street. The properties have direct access
to Third Avenue East or are in close proximity.
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Rezoning this property will result in a minimal change in the
amount of traffic which might be generated in the area since
the zoning for the properties is the same in the county as is
proposed for the city. No impact on traffic congestion will
result with this zoning designation.
W111_the—r-e_que:sted zoneesecure safety- from_-fireL nanic�
and— -thee dangers?
There would be no obvious increase in risk related to
this zone designation request. Access for fire and other
emergency services is adequate.
This annexation will promote the general health and
welfare of the community by allowing these properties
which are using City services to contribute to the City's
tax base and by bringing a clean light industrial use to
the City in an area where full public services and
facilities are available.
Any development on these properties will be required to
comply with the development standards of the I-1 zoning
districts which will dictate minimum lot size
requirements, setbacks, building height, landscaping and
density which assure that there will be adequate light
and air.
The requested zoning designation is consistent with the
existing County zoning and the development existing on
the site. Overcrowding will not occur because the
development standards dealing with lot coverage, setbacks
and building height will be adhered to. The requested
zone will not create an overcrowding of land.
Will the requested zone avoid undue concen ration of
people?
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No significant increase in the population in the area
will result under the proposed zoning. Uses on these
properties have been established and annexation to the
City will not significantly change the anticipated uses.
This zone change will not create an undue concentration
of people in the area.
will-the_reques-t_ed—zone}�oiLi_tat.e__the_adequat.e_pr_ovieion
of transl2ortation.• water, seweraae_t_achools, p s,,--and
o-the- ubl_ic-requirements_?
Full public services, facilities and infrastructure are
currently in place to accommodate the use(s) within the
area. No significant impacts to these services can be
anticipated as a result of this annexation and zoning.
The proposed zoning is consistent with the existing
zoning and the existing land uses on the site. The
proposed zoning is consistent with the master plan map
designation and anticipated development. The requested
zone gives appropriate consideration for the suitability
of this area.
The general character of the area is a mix of commercial,
light industrial and residential. Most of the uses
currently in the area will continue to be developed in
compliance with the zoning. The requested zone gives
reasonable consideration to the character of the area.
Value of the buildings in the area will be conserved
because they are consistent with the proposed zoning and
other uses in the area.
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The most appropriate use of land in this area appears to
be light industrial as the established uses reflect a
substantial investment on the part of the property owner
and have been developed in a way which will have a low
impact on surrounding properties. The proposed zoning is
in compliance with the neighborhood plan and will have a
low impact on surrounding properties. The proposed
zoning is in compliance with the neighborhood plan and
will promote the most appropriate land uses throughout
the jurisdiction.
WHEREAS, on April 3, 1994 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, said the proposed annexation complies with said
extension of services plan and 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, City Services, Inc./Montana Gold Bullet, Inc. 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 known as City
Service, Inc. / Montana Gold Bullet, Inc. more
particularly described in Exhibit "All, shall be annexed
to the City of Kalispell and the boundary of the City is
altered to so provide, and shall be known as City
Service, Inc./Montana Gold Bullet,.Inc.
SECTION II. Upon the effective date of this Resolution,
the City Clerk of Council is directed to make and
certify, under the sea! of the City a copy of the record
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July 15, 1997 -4-
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 o'�ner parts of the City.
SECTION III. The territory annexed by this Resolution
shall be zoned Light Industrial, I-1.
SECTION —IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY
OF KALISPELL, THIS DAY OF , 1997.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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July 15, 1997 -5-
EXHIBIT "A"
Assessor's Tracts 8IA, 8IAA, 8N, 8NC, 8PC, and 8PBA,
located in Section 20, Township 28 North, Range, 21 West,
P.M.M., Flathead County, Montana.
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July 15, 1997 -6-
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59"1
Phone: (406) 758-5980
Fax: (406) 758-5781
June 19, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: City Service, Inc. / Montana Gold Bullet Co. Annexation and Initial Zoning
Dear Clarence:
The Kalispell City -County Planning Board met on June 10, 1997 and held a public
hearing to consider a request by City Service, Inc. / Northwest Investment Partnership
and Montana Gold Bullet Co. for annexation into the City of Kalispell and initial zoning
from County I-1, Light Industrial, to City I-1, Light Industrial. The properties proposed
for annexation are located approximately 200 feet south and west of 18th Street East
and Third Avenue East. Their addresses are 1841 Third Avenue East and 400 18th
Street East, Kalispell and they contain approximately 1.8 acres.
t . Narda Wilson of the Flathead Regional Development Office presented a staff report and
noted that an application for a conditional use permit for City Service had been filed
concurrent with the annexation request. She also noted that the Montana Gold Bullet
Co. is currently on City water and sewer. Thor Jackola, representing City Service spoke
in favor of the proposed annexation and zoning.
A motion to adopt Staff Report #KA-97-4 as findings of fact with a recommendation for
light industrial zoning upon annexation passed unanimously on a 7 to 0 vote. This
recommendation is being forwarded to City Council for the July 7, 1997 regular City
Council meeting. Please contact this board or Narda Wilson at the Flathead Regional
Development Office if you have any questions.
Sincerely
Kalispell City -County Planning Board
Therese Fox Hash
President
TFH/NW/
Providing Community Planning Assistance To:
• Flathead County 9 City of Columbia Falls • City of Kalispell • City of Whitefish •
City Service / Montana Gold Bullet Co. Annexation
June 19, 1997
Page 2
Attachments: FRDQ Report #KA-97-4 w/ application materials
Draft Minutes 6/ 10/97 Planning Board meeting
Exhibit A (legal description)
c w/o Att: City Svc./ NW Invstmnt Ptnrsp., Box 1, Kalispell, MT 59901
Montana Gold Bullet Co., 400 18th St. E., Kalispell, MT 59901
Debbie Gifford, Kalispell City Clerk
H: \... \ 1997\KA974
EXHIBIT A
CITY SERVICE, INC. / MONTANA GOLD BULLET, CO. ANNEXATION
Tract 1:
Commencing at the North Quarter corner of Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, to a point; thence
North 89°33'00" West and along the North boundary of the Northeast Quarter
of the Northwest Quarter of said Section 20, a distance of 706.00 feet to a
point; thence
South 13°21'00" East, a distance of 100.00 feet to a point and the True Point of
Beginning of the tract of land hereind described.; thence continuing
South 13°21'00" East, a distance of 217.40 feet to a point; thence
South 76°39'00" West, a distance of 239.60 feet to a point on the Easterly right
of way line of an 80 foot county road known as 3rd Avenue East, which point
is on a 1740.00 foot radius curve, concave Southwesterly (having a radial
bearing of South 69°14'52"West); thence in a Northwesterly direction through
a central angle of 07°17'56" an arc length of 221.66 feet to a point; thence
North 76039'00" East, a distance of 282.06 feet to the Place of Beginning.
Tract 1 of Certificate of Survey No. 6592.
Tract 2:
Commencing at the North Quarter corner of Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana; thence and along the
North boundary of the Northeast Quarter of the Northwest Quarter of said
Section 20
North 89°33'00" West, a distance of 75852 feet to a point, the True Point
of Beginning of the tract of land herein described; thence
South 13°21'00" East, a distance of 112.53 feet to a point; thence
South 76°39'00 West, a distance of 24.00 feet to a point; thence
North 13°'21'00" West, a distance of 118.42 feet to a point on the North
boundary of said Northeast Quarter of the Northwest Quarter of Section 20;
thence and along said North boundary
South 89°33'00" East, a distance of 24.71 feet to the Place of Beginning.
Tract 2, Certificate of Survey No. 6592.
A tract of land in the Northeast Quarter of the Northwest
Quarter (NEWMW) of Section 20, Township 28 North, Range 21
West, M.P.M., Flathead County, Montana, described as
and follows:
Commencing at the Northeast corner of the said Northeast Quarter
of the Northwest Quarter (NE NWU); thence
North 89033' West along the North Section line, a distance of 649
feet to the place of beginning of the tract to be herein
described; thence
South 130?1' East, a distance of 193.7 feet to a point; thence
South 76039' West, a distance of 55.16 feet to a point; thence
North 13021' West, a distance of 207.4 feet more or less to the
North line of said Section 20; thence
South 89033' East along the Section line, a distance of 57 feet
to the place of beginning.
A tract of land in the Northeast Quarter of the Northwest
Quarter (NEWrvN) of Section 20, Township 28 North, Range 21
West, M.P.M., Flathead County, Montana, described as
follows:
Commencing at the Northeast corner of the Northwest Quarter of
said Section 20; thence
North 89033, West, a distance of 592 feet to the place of .
beginning; thence
South 13021' East, a distance of 180 feet to a point; thence
South 76039' West, a distance of 55.34 feet to a point; thence=-.
Northerly at right angles, a distance of 193.7 feet to a point;
thence
Easterly on a straight line, a distance of 57 feet more or.less•.-.'
to the place of beginning.
AND
A tract of land in the Northeast Quarter of the Northwest
Quarter (NE}(MI of Section 20, Township 28 North, Range 21
West, M.P.M., Flathead County, Montana, described as
follows:
Commencing at the intersection of the Easterly boundary of old..;;
U.S. Highway No. 93, with the Northerly boundary of the: ;`...
Northeast Quarter of the Northwest Quarter (NEWNW3O _of ,acid""'''"' '
Section 20, said point being 1052 feet West of the "Northeast
corner of said Northeast Quarter of the Northwest Quarter:-;:�.,;
(NE3i M) ; thence ', • ; , ; r
"T
South 89033, East, a distance of 346 feet to the place of
beginning of the tract to be herein described; thence
South 13021' East, a distance of 100 feet to a point; thence
South 16039' West, a distance of 77 feet to a point; thence
North 13021' West, a distance of 116.5 feet, more or less, to the
Northerly boundary of said Northeast Quarter of the
Northwest Quarter (NEUNWW)
South 89033' East, a distance of 75 feet to the place of
beginning.
SzCFnah7 9=0 the following described tract of land:
Commencing at the North Quarter corner of Section 20; thence
North 89033100 West and along the North boundary of the
Northeast Quarter of the Northwest Quarter (NEW WW) of said
Section 20, a distance of 758.52 feet to the true point of
beginning.
South 1302110o" East, a distance of 112.53 feet to a point;
thence
South 76039100, West, a distance of 24.00 feet to a point; thence
North 13021100• West, a distance of 118.42 feet to a point on the
North boundary of the said No, Least Quarter of the
Northwest Quarter (NEW WX) of section 20; thence
South 890331000 East and along sai` worth boundary, a distance of
24.71 feet to the place of beginning.
CITY SERVICE, INC. / MONTANA GOLD BULLET, INC.
(' REQUEST FOR ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KA-97-4
JUNE 2, 1997
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request for annexation an initial zoning from County 1- 1, Light Industrial, to
City 1- 1, Light Industrial. A hearing has been scheduled before the Kalispell City -
County Planning Board for June 10, 1997 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.
BACKGROUND INFORMATION
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. These
properties will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610,
M.C.A., Annexation by Petition.
A. Petitioner and Owners: City Service Inc.
Northwest Investments Partnership
P.O. Box 1
Kalispell, MT 59903
Montana Gold Bullet Co.
400 18th Street East
Kalispell, MT 59901
Technical Assistance: Jackola Engineering Co.
P.O. Box 1134
Kalispell, MT 59901
(406)755-3208
B. Location and Legal Description of Property: The properties proposed for
annexation are located approximately 200 feet south and west of the southwest
corner of 18th Street East and Third Avenue East. The properties' addresses are
1841 Third Avenue East and 400 18th Street East in Kalispell. The properties
can be described as Assessor's Tracts 8IA, 8IAA, 8N, 8NC, 8PA, 8PC and 8PBA
located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
C. Eaiisting zoning: Currently these properties are located in the County zoning
jurisdiction and are zoned I-1, a Light Industrial zoning district. The minimum
lot size requirement for this district is 7,500 square feet. This district is intended
to provide an area for light industrial uses that do not have objectionable impacts
to the neighborhood such as dust, noise, odor, smoke or inappropriate hours of
operation. A correction in the area proposed for annexation needs to be noted as
1
it relates to Assessor's Tract 8NC, a small strip of land which runs along the east
and south boundaries of the Montana Gold Bullet Company. In conducting
research of these properties prior to writing this staff report, it has come to light
that this property is already in the city limits and is zoned B-2, General
Commercial, Montana Gold Bullet Co. is in the process of purchasing this
property, and it would be the intent of this process to rezone this property to
light industrial.. All of the proper legal notifications have been met with regard to
rezoning this property to I-1, Light Industrial.
D. Proposed Zoning: An I-1 City zoning designation is proposed for these
properties which is also a Light Industrial District which has a minimum lot size
requirement of 7,000 square feet. This district is intended to provide an area for
light manufacturing and warehousing or other uses which do not have
objectionable characteristics such as smoke, odor or noise.
E. Size: There is a total of approximately 1.8 acres proposed for annexation into the
city.
F. Existing Land Use: Montana Gold Bullet Co. operates a light manufacturing
and assembly operation at 400 18th Avenue East. City Service has used their
property in the past for retail and wholesale sales of propane and propane
equipment. Concurrent with their request for annexation, City Service has
submitted a conditional use permit application for bulk fuel storage and sales.
G. Adjacent Land Uses and Zoning:
North: Montana State Liquor Store / Ace Hardware and
lumberyard, City B-2 zoning
South: Valley Glass, City B-2 zoning
East:: Residences, City RA-1 zoning
West: Haven Field, City B-2 zoning
H. General Land Use Character. The general land use character of the area is
commercial with a few residences to the east.
I. Availability of Public Services: Currently the Montana Gold Bullet Co. is
receiving City water and sewer services. 'These services are available to the City
Service property upon annexation which they intent to use. Roads, fire, police
and other public services are adequate in the area.
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.
IN
1. Does the requested zone comply with the Master Plan?
This property is located in the South Woodland / Greenacres Neighborhood Plan
area and is designated as industrial. The proposed zoning complies with that
land use designation. The goals and objectives of the master plan encourage
light industrial uses in close proximity to a collector street. These properties
have direct access to Third Avenue East or are in close proximity.
2. Is the requested zone designed to lessen congestion in the streets?
Rezoning this property will result in a minimal change in the amount of traffic
which might be generated in the area since the zoning for the properties is the
same in the county as is proposed for the city No impact on traffic congestion
will result with this zoning designation.
3. Will the requested zone secure safety from fire, panic, and other dangers?
There would be no obvious increase in risk related to this zone designation
request since industrial uses have already been established on the site. Access
for fire and other emergency services is adequate.
4. Will the requested zone promote the health and general welfare?
This annexation will promote the general health and welfare of the community by
allowing these properties which are using City services to contribute to the City's
tax base and by bringing a clean light industrial use to the City in an area where
full public services and facilities are available.
5. Will the requested zone provide for adequate light and air?
Any development on these properties will be required to comply with the
development standards of the I-1 zoning district which will dictate minimum lot
size requirements, setbacks, building height, landscaping and density which
assures that there will be adequate light and air.
6. Will the requested zone prevent the overcrowding of land?
The requested zoning designation is consistent with the existing County zoning
and the development existing on the site. Overcrowding will not occur because
the development standards dealing with lot coverage, setbacks and building
height will be adhered to. The requested zone will no create an overcrowding of
land.
7. Will the requested zone avoid undue concentration of people?
No significant increase in the population in the area will result under the
proposed zoning. Uses on these properties have been established and
K
annexation to the City will not significantly change the anticipated uses. This
zone change will not create an undue concentration of people in the area.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other Rublic requirements?
Fall public service, facilities and infrastructure are currently in place to
accommodate the use(s) in the area. No significant impacts to these services can
be anticipated as a result of this annexation and zoning.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed zoning is consistent with the existing zoning and the existing land
uses on the site. The proposed zoning is consistent with the master plan map
designation and anticipated development. The requested zone gives appropriate
consideration for the suitability of this area. `
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is a mix of commercial, light industrial and
residential. Most of the uses currently in the area will continue to be developed
in compliance with the zoning. The requested zone gives reasonable
consideration to the character of the area.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because they are consistent
with the proposed zoning and other uses in the area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate use of land in this area appears to be light industrial as the
established uses reflect a substantial investment on the part of the property
owner and have been developed in a way which will have a low impact on
surrounding properties. The proposed zoning is in compliance with the
neighborhood plan and will promote the most appropriate use of land throughout
the jurisdiction.
RECOBUMMNDATION
It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt Staff Report #KA-97-4 as findings of fact and forward a
recommendation to City Council that the initial zoning for these properties upon
annexation should be I-1, Light Industrial.
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CITY SERVICE INC.
4NNEXA.TION INTO CITY &
INITIAL ZONING OF I-1, LIGHT INDUSTRIAL,
FROM COUNTY ZONING, I-1, LIGHT INDUSTRIAL
SECTION 20, T.28N., R.21W.
FILE # KA - 9 7 - 4 T r , ^ PLOT DATE: 05/22/97