E2. Ord 1775 - MT Chip PartnersPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
MON ,43YA
Doug Russell, City Manager _Z
PJ Sorensen, Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Ordinance 1775 — Second Reading — Request for initial zoning of I-1
(Light Industrial) upon annexation.
September 19, 2016
BACKGROUND: This is the second reading of an ordinance for the initial zoning designation of I-1
(Light Industrial) upon annexation of land. The subjects of this action are two adjoining parcels
located near the western end of West Montana Street, and to the north of the railroad tracks. One of
the parcels is in the city and is owned by Montana Chip, LLC, currently being used as a mini -storage
facility. The second parcel is owned by Kraig Trippel located in the county in an area wholly
surrounded by the city. The property address of the second parcel is 66/68 8th Avenue West North,
and can be described as Tract 1AE in Section 7, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana (Parcel 1 of Certificate of Survey 18419).
The two parties agreed to a boundary line adjustment and exchange of approximately 15,742 square
feet of property. As part of that boundary line adjustment, the area currently owned by Mr. Trippel
and added to the Montana Chip property was annexed by the Kalispell City Council at their meeting
on September 6, 2016. The Council also approved the first reading of Ordinance 1775 for the initial
zoning designation of I-1 (Light Industrial) on a roll call vote of 9-0.
RECOMMENDATION: It is recommended that the City Council approve the second reading of the
ordinance for the initial zoning of I-1 (Light Industrial) upon annexation.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1775
Staff Report KA-16-01
July 12, 2016, Planning Board Minutes
Report compiled: September 7, 2016
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO.1775
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" AND
FURTHER DESCRIBED AS TRACT 1AE IN SECTION 7, TOWNSHIP 28 NORTH,
RANGE 21 WEST, FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED COUNTY
I-1 (LIGHT INDUSTRIAL) TO CITY I-1 (LIGHT INDUSTRIAL)) IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Montana Chip, LLC and Kraig Trippel, the owners of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land, currently zoned County I-1, Light Industrial, be zoned 1-1,
Light Industrial, on approximately 15,472 square feet of land; and
WHEREAS, the property is located on the western end of West Montana Street, north of the
railroad tracks; and
WHEREAS, Montana Chip, LLC and Trippel's petition was the subject of a report compiled by
the Kalispell Planning Department, Staff Report #KA-16-01, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned I-1, Light Industrial, pursuant to Kalispell City Code
27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 12,
2016, and recommended that the zoning be City I-1, Light Industrial, pursuant to
Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described I-1, Light Industrial, the City Council finds such 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 KPD as set forth in Staff Report No. KA-16-01.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above as I-1, Light Industrial, on approximately 15,472
square feet of land.
SECTION 2. 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 3. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 19TH DAY OF SEPTEMBER, 2016.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT "A"
Commencing at the northwest corner of Parcel 1 of Certificate of Survey No. 18419 (records of
Flathead County), which is a found iron pin; Thence S76°18'52"W 64.29 feet to a set iron pin;
Thence S 13°42' 14"E 317.35 feet to a set iron pin; Thence continuing S 13°42' 14"E 188.10 feet
to a set iron pin on the northerly R/W of the Burlington Northern Santa Fe Railroad; Thence
along said R/W S76°17'46"W 207.11 feet to a found iron pin on a 468.30 foot radius curve,
concave to the northwest (radial bearing of N38°34'08"W); Thence leaving said Railroad R/W
northeasterly along a curve to the left, through a central angle of 34°45' 39", for an are length of
284.11 feet to the point of beginning and containing 15,472 Square Feet; Subject to and together
all appurtenant easements of record.
MONTANA CHIP, LLC
REQUEST FOR INITIAL ZONING OF I-1, UPON ANNEXATION
STAFF REPORT #KA-16-01
KALISPELL PLANNING DEPARTMENT
JULY 12, 2016
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from Montana Chip, LLC., to annex into the city limits with an initial zoning designation of I-1
(Light Industrial) upon annexation. The property is currently in the southwest portion of Tract
lAE in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
(Parcel 1 of Certificate of Survey 18419). The portion being annexed is subject to a boundary
line adjustment with a neighboring parcel. A public hearing has been scheduled before the
planning board for July 12, 2016, beginning at 6:00 PM in the Kalispell City Council Chambers.
The Planning Board will forward a recommendation to the Kalispell City Council for final
action.
BACKGROUND INFORMATION
The annexation request and initial city zoning classification will be reviewed in accordance with
Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under
the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The
applicants, who own an odd shaped lot in the city, propose to trade a 15,472 square foot piece of
the parcel with an abutting neighbor who also has an odd shaped lot that is currently in the
county. The applicants in the city would ultimately like their 15,472 square feet of land that they
are trading for annexed into the city so that all of their ownership stays in the city. The neighbor,
whose entire tract now is outside the city, would like his 15,472 feet of newly traded land to be
de -annexed so that he can keep his entire ownership outside the city limits. The purpose of the
trade is to allow the applicants in the city to have access to a storm water easement and square up
their property while at the same time, the neighbor, outside the city will have the opportunity to
square up their property as well making it more conforming to traditional lot design. Thus, this
is a two-step process. This application will involve the request to annex 15,472 sq. feet into the
city. An associated process by the neighboring property will be to request to de -annex 15,472
sq. ft. of land currently in the city.
A. Petitioner / Owner: Montana Chip, LLC Kraig Trippel
157 N. Meridian Rd 590 Prairie View Rd
Kalispell, MT 59901 Kalispell, MT 59901
B. Location and Legal Description of Property:
The subjects of this action are two adjoining parcels located near the western end of West
Montana Street and to the north of the railroad tracks. One of the parcels is in the city. It is
owned by Montana Chip, LLC, and is used as a mini -storage facility. The second parcel is
owned by Kraig Trippel. It is in the county in an area wholly surrounded by the city. Please
note that while the land owned by Kraig Trippel, is wholly surrounded by the city at this time,
state law does prevent the city from simply annexing all of the Trippel property under the wholly
1
surrounded statues. A provision in MCA Section 7-2-4503 (2) prohibits a city from forcibly
annexing wholly surrounded "industrial" land. The property address of the second parcel is
66/68 8th Avenue West North, and can be described as Tract lAE in Section 7, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana (Parcel 1 of Certificate of Survey
18419). Approximately 15,742 square feet of the property will be added to the adjoining
Montana Chip property through a boundary line adjustment for the purposes of developing storm
drainage facilities. Exhibits for the boundary line adjustment along with a metes and bounds
description are shown below.
As a separate action, but as part of the boundary line adjustment, an equal area of land from the
Montana Chip property will be added to the Trippel property, as shown on the attached exhibit.
The proposal includes a request to de -annex the area being added to the property remaining in
the county. The de -annexation proposal goes to City Council separately under procedures
outlined under state statutes. Although the annexation and de -annexation are separate steps in
the process, it is important to understand that, in the bigger picture, they are part of the same deal
and go hand -in -hand.
Figure 1: Survey Exhibits
By SANDS SURVEYBM, Luc.�. EXHIBIT A
2 Village Leapp
Kalispell, MT 59901
(406) 755-6481
Proposed Boundary Line Adjustment
JOB NO., 422904
Montana Chip, LLC & 7'ripple
DRAWING DATE MAY 4, 2016
In Gov't. Lot 4 SFY7 7, T.28N.. R.21W. P_ff-4.
REVISED: JUNF 27, 2016 FL4THF,AD COUNTY, MONTANA
FOR/OW_NF;RS. isO `7ANA CHIP. LLC
KRAIG 7'RIPPEL
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13OLINGTON
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TWO TRACTS OF LAND, SMJATED, LYING AND BEING IN GOVERNMENT
LOT 4 OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS TO WIT:
DESCRIPTION: PARCEL A (Montana Chip, LLC to Tllpple)
BEGINNING at the northwest comer of Parcel I of Certificate of Survey No. 18419
(records of Flathead County), which is a found iron puil; Thence S 13041'08"E 77.00 feet
to a found iron pin and the point of cur-.-ature of a 468.30 foot radius ciu-ve, concave to
the northwest (radial bearing of S7-5'-5 1'47"W): Thence southwesterly along a curve to
the right, through a central angle of 330'4826", for an are length of 251.80 feet to a set
iron pill, Thence NI 3"42'14"W 317.35 feet to a set iron pill; Thence N76'l 852"E 64.29
feet to the point of beginning and containing 15.472 Square Feet- Subject to and together
all appurtenant easenients, of record.
DESCRIPTION: PARCEL B (Tripple to Montana Chip, LLQ
Coniniencina at the north-west corner of Parcel I of Certificate of Survey No. 18419
(records of flathead County), which is a found iron pill; Thence S76018-"52"W 64.29 feet
to a set iron pill; Thence S13'42'14"E 317.35 feet to a set iron pill. Thence coiltinining
S13042'14"E 188.10 feet to a set iron oil the northerly "7 of the Burlington Northern
Santa Fe Railroad: Thence along said R/W S76017'46"W 207.11 feet to a found iron pill
on a 468.30 foot radius curve, concave to the northwest (radial beari-tia of N38'34'08"W),
Thence leaving said Railroad R/W northeasterly along a curve to the left, through a
central angle of 34'4539"-, for an arc length of 284.11 feet to the point of begiining and
containing 15,472 Square Feet: Subject to and together all appurtenant easements of
record.
C. Existing Land Use and Zoning:
The property is currently within the County zoning jurisdiction and is zoned 1-1 (Light
Industrial). The 1-1 zoning district is intended to allow for light industrial uses that do not
create objectionable impacts beyond the property lines. The area being annexed is currently
an unoccupied portion of the larger lot.
3
Figure 2: Zoning Map
A 157 N. Meridian Rd SECTION 7. T28N., R.21W.
NORTH Montana Chip Partners
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D. Proposed Zoning:
The City of Kalispell zoning proposed for the site is I-1 (Light Industrial), which is similar
to the county zone. The Kalispell Zoning Regulations state that the I-1 Zone is intended to
"provide areas for light industrial, research and technology. The uses would typically not
create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.),
which extend beyond the lot lines. This zoning district would typically be restricted to
areas designated as industrial on the Kalispell Growth Policy Future Land Use Map".
E. Size: The subject property is 15,472 square feet.
F. Adjacent Land Uses and Zoning:
North: Montana Chip mini -storage facility, City I-1 zoning.
East: Remainder of Tripple property, metal fabrication, County I-1 zoning.
West: Montana Chip mini -storage facility, City I-1 Zoning.
South: Railroad right-of-way, County 1-1 zoning.
G. General Land Use Character:
The general area of the proposed annexation is predominantly light -industrial with a mix of
some retail and office uses. The most immediate uses are the mini -storage facility and
railroad right-of-way.
H. Utilities and Public Services:
City water and sewer mains do not extend to the subject property as it presently sits,
although the larger mini -storage property that the property will be added to is adjacent to
those services. Neither is necessary for the intended use.
Sewer:
City sewer main if annexed
Water:
City Water if annexed
Refuse:
Private Collector
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyLink
Schools:
Kalispell School District 5
Fire:
Smith Valley Fire District (currently),
Kalispell Fire Department if annexed
Police:
Flathead County Sheriff Department (currently),
Kalispell Police Department if annexed
on
I. ANNEXATION EVALUATION
Compliance with the growth polices
The Kalispell Growth Policy designates the property and the surrounding area as
commercial. While not strictly in compliance with that projected designation, which was
based on long-range planning goals for the area, the proposed light industrial zoning is
consistent with the current zoning of both the county jurisdiction where the property is
located and the city zoning for the larger property that the property is being added to.
Additionally, the immediately surrounding properties are zoned light industrial, and the
general character of those properties is light industrial.
Although the growth policy calls for this property to eventually become commercial and
it is anticipated that it will become commercial at some point as part of a larger rezoning
of the area, it is not reasonable to expect a commercial designation in this context and at
this point in time.
Municipal Services:
Municipal services are not necessary to serve the property to be annexed, although
services are currently available to the parcel the subject property is being added to.
Distance from current city limits:
The property is immediately adjacent to the current city limits.
Cost of services:
Once annexed to the city, full city services will be made available to the property owner.
Any infrastructure that may later be necessary 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. If annexed, the property
owner will not need to extend services for its proposed use.
Typically, a full cost of services analysis is included with the staff report. However, in
this case, there are two equal areas of land, one being annexed and one being de -annexed.
Neither area has much development potential without significant changes to the
properties and surrounding area. The net impact of annexing and de -annexing the two
parcels is effectively zero.
II. INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized criteria
described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The
site is currently zoned County I-1. The applicants are requesting City 1-1 (Light
Industrial) to match the current zoning of the larger property being added to by way of
the boundary line adjustment.
7
1. Does the requested zone comply with the growth polices
As noted under the annexation analysis, the Kalispell Growth Policy designates the
property and the surrounding area as commercial. However, also as noted in relation to
annexation, a light industrial zone is a reasonable designation in this context and at this
point in time.
2. Will the requested zone have an effect on motorized and nonmotorized transportation
systems?
The proposed zoning would have minimal effect on the transportation system. The property
will become part of an existing mini -storage facility and be used as part of the storm
drainage facilities.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an emergency.
4. Will the requested zone promote the public health, safety 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?
It is anticipated that the property will be used only for storm drainage. Any other
development in the future would comply with property development regulations, such as
setbacks and height restrictions, and would provide for adequate light and air.
6. Will the requested zone promote compatible urban growth?
The requested I-1 zone would be compatible with the existing urban growth both on the
property being added to as well as surrounding properties.
7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
All necessary public services would be available under the proposed zoning.
8. Does the requested zone give consideration to the particular suitability of the property or
particular uses?
The proposed I-1 zone matches the property being added to, and helps facilitate the proper
development of that site by providing an area for storm drainage facilities.
9. Does the requested zone give reasonable consideration to the character of the district?
The general character of the area is industrial and the proposed zone matches the
surrounding uses and zoning classifications.
10. Will the requested zone avoid undue concentration of people?
It is not anticipated that the storm drainage facilities being proposed would lead to any
undue concentration of people.
11. Will the proposed zone conserve the value of buildings?
While there are no buildings on the property being annexed, the proposed zone would help
to conserve the value of the mini -storage facility be providing needed storm drainage
facilities.
12. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
The requested zone allows for a rational application of the zoning ordinance to a relatively
small annexation of an area used for industrial purposes and currently zoned light
industrial. A different zoning designation would discourage appropriate use of land in the
general area by creating a more illogical and inconsistent zoning map.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff
Report #KA-16-01 as findings of fact and recommend to the Kalispell City Council that the
property be annexed and the initial zoning for this property upon annexation be I-1 (Light
Industrial).
The action to de -annex the second portion of land will be submitted to the City Council. After a
Resolution of Intent and comment period as detailed in state statutes, the Council will consider
both the annexation and the de -annexation at the same meeting.
Attachments: Application Materials
Public Notice
Mailing List
I
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannins
You are being sent this notice because you are a property owner within 150 feet of an area that is
proposed to be de -annexed from the City of Kalispell. You have an opportunity to present your
comments and concerns to the Kalispell Planning Department. You may come into the office in
person at the above address or you may contact the office at (406) 758-7940 for additional
information. Written comments may be submitted to the Kalispell Planning Department prior to the
submission date, or emailed to us at planning@katispell.com.
NOTICE OF PUBLIC COMMENT PERIOD
KA-16-01
A request from Montana Chip Partners and Kraig Trippel for annexation and initial zoning of I-1
(Light Industrial) for approximately 15,742 square feet of land and the de -annexation (also called
an "exclusion") of approximately the same amount of land. The property to be annexed is
currently owned by Kraig Trippel and will be added to an adjoining property owned by Montana
Chip Partners that is being used as a mini -storage facility (shown as Parcel B on the exhibit on
the back of this page). The annexation is addressed separately through the City Council.
The area to be de -annexed is currently owned by Montana Chip Partners and will be added to the
Trippel property (shown as Parcel A on the exhibit). It is currently a portion of Lot 2 of
Meridian Complex East No. 2, as shown on the map or plat thereof on file and of record in
the office of the Clerk and Recorder, Flathead County, Montana, and is located at 66/68 8`h
Avenue West North.
The City Council adopted a resolution of intent to exclude the land at its August 1, 2016,
meeting. The resolution begins a public comment that shall run through August 29, 2016.
Comments may be submitted to the Kalispell Planning Department at 201 First Avenue East,
Kalispell, MT 59901 or emailed at planning@?kalispell.com. At the September 6, 2016, City
Council meeting, the Council will consider the resolution to de -annex the property.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours.
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
July 1.2, 2016
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 6:00 p.m. Board
members present were: Chad Graham, Charles Pesola, Ronalee
Skees, Doug Kauffi-nan, Rory Young, and Chris Yerkes. Steve
Lorch was absent. Tom Jentz, Jarod Nygren & PJ Sorensen
represented the Kalispell Planning Department.
CHAIRMAN WELCOMED
President Graham noted that he was not able to attend the last 2
NEW BOARD MEMBERS
meetings due to the council's budget review and vacation but he
wanted to officially welcome Ronalee Skees and Chris Yerkes to
the board.
ELECTION OF OFFICERS
Pesola made a motion to nominate Chad Graham for President of
PRESIDENT &VOTE BY
the board.
ACCLAMATION
—ELECT-10—N-0-
The motion passed unanimously on a vote by acclamation,
F OFFICERS
Graham made a motion to nominate Charles Pesola for Vice
VICE PRESIDENT &VOTE
President of the board,
BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
APPROVAL OF MINUTES
Pesola moved and Kauffman seconded a motion to approve the
minutes of the June 14, 2016, Kalispell Planning Board.
VOTE BY ACCLAMATION
The inotion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one present wished to corni-nent.
DENGAR PROPERTIES
A request from Deiigax Properties for a conditional use permit for
CONDITIONAL USE PERMIT
an accessory casino within the within the B-2 (General Business)
Zoning District. The property is located at 1250 Highway 2 West
(Tree Frog Tavern).
Jarod Nygren, representing the Kalispell Planning Department
STAFF REPORT
reviewed Staff Report, KCU- 16-04 for the board.
Nygren noted this is a request for a conditional use pen -nit for an
accessory casino at what is currently the Tree Frog Tavern which
soon will be a Rival's Restaurant/Bar. The property is zoned B-2
(General Business) and is located at 1250 Hwy 2 West. Nygren
noted that the surrounding zoning is also B-2 and the land use
category of the property is commercial.
Nygren reviewed the surrounding land uses, site plan and floor
plan of the property. The casino will be located in 666 square feet
Kalispell City Planning Board
MiDLUS of the meeting of July 12, 2016
Page 1 1
BOARD DISCUSSION
PUBLIC HEARING
MOTION
BOARD DISCUSSION
of the 5,174 square toot building. Accessory casinos are permitted
if they are 20% or less of the primary use. Another requirement of
the accessory casino is that it is generally shielded from the
primary use. Nygren noted that the owners of the Tree Frog
Tavern also applied for an accessory casino, which was approved
by city council. There are no changes to the conditions but they
chose not to operate the casino and their conditional use permit
expired.
Staff recommends that the Kalispell Planning Board adopt staff
report #KCU-16-04 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject the 6 conditions in the staff report.
Pesola asked in order to deny the conditional use permit the board
would need to state findings of fact that would shrew that a casino
was not suitable for the area, and Nygren said yes..
Kauffman asked if they would be required to reconstruct curb,
gutter and sidewalk and Nygren said that is correct, along the
north side, which is the same condition that was placed on the last
conditional use permit for this property.
Kiln Larson, APEC Engineering noted they are representing the
applicant and do not have issues with most of the attached
conditions, except Condition 5.c. that relates to casino signage.
Larson said that under additional requirements for casinos certain
types of external signage may be limited or prohibited. Yet the
condition that is being unposed implies no casino related signage
can be used. Larson provided the board with photographs of Fatt
Boys Bar & Restaurant and the Flathead Liquor Store that both
contain casinos, and both have the word casino on the side of the
building. The owner would ask to be allowed to have a modest
amount of signage related to a casino and, he added, to prohibit
hirn fi-orn having the signage would be hurting his business due to
the fact that competitors both have casino related signage.
Pesola moved and Young seconded a motion to adopt staff report
#KCU-16-04 as findings of fact and recommend to the Kalispell
City Council that the conditional use permit be approved subject
the 6 conditions in the staff report.
Pesola said the board had already hashed out this particular CUP a
few years ago when the original CUP was discussed and the area
hasn't changed. He sees no reason not to approve the CUP. In
regards to the signage request Pesola suggested that the
prohibition of casino signage has been a condition over the last
several years.
Nygren said a few years ago there was a small casino related.
Kalispell City I'lann ing Board
Minutes of the meeting of July 12, 2016
Page 12
ROLL CALL
MAN dT MORTGAGE
ANNEXATION
BOARD MEMBER RECUSCD
HIMSELF
STAFF REPORT
BOARD DISCUSSION
approved with the Loading Dock/Brannigan's. Since that time
amendments approved by City Council limited signage on
accessory casinos and lie added the same condition was placed on
the new Town Pump located at the north end of Kalispell. Pesola
asked if the applicant had a proposal for signage and Mr. Larson
said they did not prepare one but if the board would be open to a
minimal amount of signage they would submit a proposal to the
Architectural Review Committee for approval.
Graham asked what signage is used on the new Town Pump that
relates to a casino and Nygren said it simply states Lucky Lil's.
Jentz noted if this was a full -standing casino they could have
signage but for an accessory casino the restrictions apply because
they were not intended to compete with hill -standing casinos. In
this area however a full -standing casino would not be able to come
in because of the distance restrictions between existing casinos
and the new restrictions approved by the city council last year.
The motion was approved unanimously on a roll call vote.
A request from Mann Mortgage, LLC to annex a 4.45 acre parcel
into the city and zone the land B-2 (General Business) upon
annexation. The parcel is located at 837 West Reserve Drive,
approximately % mile east of U.S. 93.
Young noted he has a conflict of interest because he is the project
manager for Jackola Engineering, the firm assisting Maim
Mortgage with this request. He will be stepping down.
,larod Nygren, representing the Kalispell Planning Department
reviewed Staff Report, KA.-16-02 for the board.
Nygren noted this property is located just east of the new Town
Pujnp gas station & casino. The property is currently undeveloped,
however upon annexation the applicant is proposing to build a
24,000 square foot office building. Water and sewer services are
in the vicinity of the property and upon annexation extensions will
be constructed to serve the property.
Nygren reviewed the s-urrounding zoning, land uses and a vicinity
map of the property.
Staff recommends that the Kalispell Planning Board and Zoning
Commission adopt Staff Report #1<-A-16-02 as findings of fact and
recommend to the Kalispell City Council that the property be
annexed and the initial zoning for this property upon annexation
be B-2 (General Business).
Graham noted when there were discussions regarding the Town_
Kalispell City Planning Board
Minutes of the meeting ol'July 12. 2016
Page 13
Punip project there were concerns about the site stability, along
the back side of the property, and he asked if the same concerns
are along this property as well. Nygren said no that has not been a
concern.
PUBLIC HEARING
Rory Young, Jackola Engineering, 2250 Hwy 93 South -stated they
are project managing and designing the site and the building on
behalf of Mann Mortgage. Young or Chris Clark of Malin
Mortgage would be happy to answer any questions,
MOTION
Kauffman moved and Pesola seconded -al-notion to adopt Staff
Report #KA-16-02 as findings of fact and recommend to the
Kalispell City Council that the property be annexed and the initial
zoning for this property upon annexation be B-2 (General
--fi-O-ARD
Business).
D_1S_UCSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
Board member Young returned to his seat.
MONTANA CIIIP/KRAIG
A request from Montana Chip Partners and Kraig Trippel for
TRIPPEL ANNEXATION
annexation and initial zoning of 1-1 (Light Industrial). The
property to be annexed contains approximately 15,472 square feet
of land currently owned by Kraig Trippel and will be added to an
adjoining property owned by Montana Chip Partners that is being
used as a mini -storage facility. The property is located directly
east of 51 N Meridian Road.
STAFF REPORT
PJ Sorensen, representing the '--Kalispell -Planning---Depaitmetit
reviewed Staff Report, KA- 16-01 for the board.
Sorensen noted the board is reviewing an annexation and initial
zoning but there will also be a de -annexation involved. He
described the location of the property which is near the
intersection of 8"' Avenue WN and West Montana Street. This
property is a wholly surrounded island that is currently in the
county, Wholly surrounded areas cannot be annexed without a
petition by council if the land that is being used for industrial
purposes, Montana Chip, LLC, owns and operates the mini -
storage directly west of this property and they need extra property
to accommodate storm drainage as they are expanding their
business. This property is a natural trade to meet this requirement.
Sorensen reviewed a map of the property.
Sorensen provided additional information on the trade and noted
the de -annexation is reviewed through city council and both the
annexation and de -annexation will be considered together.
Kalispell City Planning Board
Minutes of tht meeting of July 12, 2016
Page 4
PUBLIC HEARING
M -0T] 6N- - --
Staff recommends that the Kalispell Planning Board arid-Zoning
Commission adopt Staff Report #KA- 16-01 as findings of fact and
recommend to the Kalispell City Council that the property be
annexed and the initial zoning for this property upon annexation
be 1-1 (Light Industrial).
The action to de -annex the second portion of land will be
submitted to the City Council. After a Resolution of Intent and
comment period as detailed in state statutes, the City Council will
consider both the annexation and the de -annexation at the same
meeting.
Pesola asked how is the de -annexation addressed. in the
recommendation and Sorensen stated it is separate and further
explained the process. The board is only dealing with the
annexation and initial zoning of the property to be annexed.
Young noted that the letter from Montana Chip states at the time
the main rail is removed and service is suspended the private rail
line will be abandoned. He asked if the easement area is BNSF
RJ"W and Sorensen said no, it is privately held. He explained
fui: ther,
Jentz said in railroad language it is called an industrial spur which
is privately owned, privately built, and privately managed and
maintained. Young asked is someone has confirmation that the rail
line is coming out and Jentz said if it doesn't come out with the,
TIGER grant to devetop, the CORE area it will at some point in the
future due to lack of users. The purpose of that condition is to
clarify the ownership and responsibility of the line and clean up
the property,
Graham asked if there are any buildings in the area and Jentz
noted there may be a small corner of a building on the property
however, the arinexation/de-annexation will clean up that situation
as well.
No one wished to speak and the hearing was closed.
Young i-noved and Kauffinan seconded a motion adopt Staff
Report 4KA-16-01 as findings of fact and recommend to the,
Kalispell City Council that the property be annexed and the initial
zoning lbr this property upon annexation be 1-1 (Light Industrial).
BOARD DISCtiSSION None.
ROLL CALL
OLD BUSINESS
To motion was approved on a roll call vote.
N011e.-
Kalispell Citv Plannino Board
M-filutes of the Meeiiflg Of Juk-' 12. 2016
llnpe 15
NEW BUSINESS Nygren noted a Tlot minor preliminary plat application will -"—be
reviewed next rnontl-L located on the, far south end of Woodland
Drive. The subdivision would allow for townhornes on the
property.
ADJOURNMENT
The meeting adjourned at approximately 6:40 p.m.
NEXT MEETING The next meeting of the Kalispell Planning Board will he -held on
August 9, 2016, located in the Kalispell City Council Cbaniber,
201 1" Avenue East, Kalispell, beginning at 6:00 p.m.
Chad Graham
President
0 C,
A-PPROVF,,D asamended/submitted J /2016.
, ILS�-
1)z Wei.,
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minuivs Ot'llie meeting of,fuly 12, 2016
Page 16