H03. Stampede Packing Annex (Reso 5825) and Zoning (Ord 1797)Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
wwwAalispell.com/planning
REPORT TO: Doug Russell, City Manager L,
FROM: Jarod Nygren, Senior Planner
SUBJECT: KA-16-05 — Annexation and Initial Zoning of I-1 (Light Industrial) for
Stampede Packing
MEETING DATE: August 21, 2017
BACKGROUND: A request from LRP, LLC to annex a 3.89 acre parcel into the city and zone the
land I-1 (Light Industrial) upon annexation. The property is currently developed and operating as
Stampede Packing, a butcher shop and meat processing business. The subject property is currently
under Administrative Order on Consent with the Montana Department of Environmental Quality for
discharge limits and permit limits for the existing drain field. Annexation will allow for the
connection to the city's sewer, whereas the Administrative Order on Consent can be resolved.
Sanitary sewer service is in the vicinity of the property and upon annexation an extension will be
constructed to serve the property. The property is located at 2095 Airport Road. The property to be
annexed can be described as Parcel A of Certificate of Survey 20438 in the SW4 of Section 20,
Township 28N, Range 21 W, P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing January 10, 2017, to consider the
application request. Staff presented staff report KA-16-05 providing details of the proposal and
evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and
recommend to the City Council that the annexation and initial zoning request be granted.
During the public comment portion of the hearing, a representative of the applicant spoke in favor of
the request. There being no further testimony, the public hearing was closed and a motion was
presented to adopt staff report KA-16-05 as findings of fact, and recommend to the Kalispell City
Council that the property be annexed and the initial zoning of the property upon annexation be I-1.
Board discussion concluded that the requested zoning was appropriate and the motion passed
unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
5825, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including
therein as an annexation certain real property described as Parcel A of Certificate of Survey 20438 in
the SW4 of Section 20, Township 28N, Range 21W, P.M.M., Flathead County, Montana.
It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1797,
an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance
1677, by zoning certain real property described as Parcel A of Certificate of Survey 20438 in the
SW4 of Section 20, Township 28N, Range 21W, P.M.M., Flathead County, Montana, to City I-1 in
accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5825
Ordinance 1797
Annexation and initial zoning Staff Report KA-16-05
Minutes of the January 10, 2017, Kalispell Planning Board
Application Materials
Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5825
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY #20438
IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS STAMPEDE
PACKING ADDITION NO.431; TO ZONE SAID PROPERTY IN ACCORDANCE WITH
THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from LRP, LLC, the owners of the above -
referenced property, requesting the City of Kalispell annex the territory into the City;
and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-16-05, dated January 3, 2017; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City I-1, Light Industrial, on approximately 3.89 acres of land upon
annexation into the City of Kalispell; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property described as Parcel A of Certificate of Survey
#20438 in the Southwest Quarter of Section 20, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana, be annexed to the City of
Kalispell and the boundary of the City is altered to so provide.
SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in
the City of Kalispell and shall be entitled to the same privileges and benefits
as are other parts of the City.
SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 21ST DAY OF AUGUST, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1797
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY #20438
IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.,M., FLATHEAD COUNTY, MONTANA (CURRENTLY ZONED COUNTY I-2
(HEAVY INDUSTRIAL) TO CITY 1-1 (LIGHT INDUSTRIAL)) IN ACCORDANCE WITH
THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, LRP, LLC, the owner 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 Heavy Industrial, be zoned I-1, Light Industrial, on
approximately 3.89 acres of land; and
WHEREAS, the property is located at 2095 Airport Road; and
WHEREAS, LRP, LLC's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-16-05, 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 January 10,
2017, and after considering the Staff Report #KA-16-05 as well as public comment
and discussion, 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 the recommendation of the
Kalispell City Planning Board to zone the property as I-1, Light Industrial, to be
compatible to the existing neighborhood and consistent with the Kalispell Growth
Policy — Plan It 2035 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 essential findings of fact of KPD as set forth in Staff Report No. KA-16-05.
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 3.89 acres
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 5TH DAY OF SEPTEMBER, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
STAMPEDE PACKING
REQUEST FOR INITIAL ZONING OF I-1, UPON ANNEXATION
STAFF REPORT #KA-16-05
KALISPELL PLANNING DEPARTMENT
JANUARY 3, 2017
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request from LRP, LLC to annex into the city limits with an initial zoning designation
of I-1 upon annexation. A public hearing has been scheduled before the planning
board for January 10, 2017, 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
A request from LRP, LLC to annex a 3.89 acre parcel into the city and zone the land I-
1 (Light Industrial) upon annexation. The property is located at the 2095 Airport Road.
The property is developed with Stampede Packing, a meat processing plant with
appurtenant facilities. The subject property is currently under Administrative Order on
Consent with the Montana Department of Environmental Quality (MDEQ) for
discharge limits and permit limits for the existing drain field. Annexing will allow for
the connection to the city's sewer, whereas the Administrative Order for Consent can
be resolved.
This report evaluates the application in accordance with state and local regulations.
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.
A. Petitioner / Owner: LRP, LLC
PO Box 2096
Kalispell, MT 59903
B. Location and Legal Description of Properties:
The property is located at 2095 Airport Road. The property to be annexed can be
described as Parcel A of Certificate of Survey 20438 in the Southwest 1/4 of Section
20, Township 28N, Range 21W, P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning:
The parcel is currently developed with Stampede Packing, a meat processing
facility. The current county zoning on the property is I-2 (Heavy Industrial). This
district is defined as:
"A district to provide for industrial uses to accommodate heavy manufacturing,
processing, fabrications, and assembly of parts or materials. It is also intended
that the encroachment of non -industrial or unspecified commercial uses within
the district be prevented."
D. Proposed Zoning:
The City of Kalispell zoning proposed for the site is I-1 (Light Industrial) Zone.
The Kalispell Zoning Regulations state that the I-1 Zone is as follows:
"An industrial district 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 3.89 acres.
F. Adjacent Zoning:
North: City P-1
East: City P-1 and County I-1
West: County I-2
South: City P-1
G. Adjacent Land Uses:
North: Ashley Creek and city wastewater treatment plant.
East: Agriculture land, industrial land and airport
West: Single-family residence and Airport Road
South: Vacant agriculture land, soon to be developed with elementary
school.
H. General Land Use Character:
The general land use category of the area can be described as a mix of uses in
transition. The primary uses within the area are industrial, agriculture and single-
family. Additional uses within the vicinity include a mobile home park, city
wastewater treatment plant, city airport and salvage yard. Much of the area
directly to the north of the subject property is located within FEMA Flood Zone
adjacent to Ashley Creek. This area will likely not be developed.
I. Utilities and Public Services:
City water and sewer mains both terminate within the vicinity of the property to
the west. Sewer will need to be extended to the property. When annexed, the
developer will be required to pay the cost for the utility extension. The design
and sizing of the sewer extension will be reviewed and approved by the Kalispell
Public Works Department.
Sewer:
City of Kalispell if annexed
Water:
Private Well
Refuse:
Private Refuse
Electricity:
Flathead Electric Cooperative
Natural Gas: Northwestern Energy
Telephone: CenturyLink
Schools: School District 5
Fire: City of Kalispell if annexed
Police: City of Kalispell if annexed
I. ANNEXATION EVALUATION
1. Compliance with the growth policy:
Two primary mechanisms for managing growth in the City of Kalispell exist
which are to rely on redevelopment and infill within the current city limits or
annexation of outlying areas. A goal of the growth policy is to provide a
comprehensive, effective growth management plan that provides for all the
needs of the community, is adaptable to changing trends and is attuned to the
overall public welfare. Chapter 11, Infrastructure and Public Services, contains
the following goal and policy that are relevant to this particular annexation
request:
Goal:
1. Make public sewer available to areas that are in close proximity to
services.
Policy:
2. Annexation to the City of Kalispell should be required when sewer
services are extended to an unincorporated area to provide services for
new development.
In addition, to the three cited goals, the city council adopted an annexation
policy in 2011, with a corresponding map as an addendum to the city's growth
policy document. The purpose of the annexation policy is to give the planning
board, the council, and the development community direction when property
owners outside of the city limits are requesting municipal services and
annexation. The property proposed for annexation falls inside the city's direct
annexation boundary.
2. Municipal Services:
A municipal sewer main is located within the vicinity of the property to the west
and can be readily extended by the applicant to serve the site. The Kalispell
sewer treatment plant lies within 1/4 mile of the site.
The site is currently protected by the South Kalispell Fire District and the
Flathead County Sheriffs office. The applicant has submitted a Notice of
Withdrawal from Rural Fire District. At the time of annexation, the property
will be served by the Kalispell Fire Department. The site lies approximately 1 1/2
miles of fire station 61 and is readily serviceable by the city fire, police and
ambulance services all of which now respond to the adjacent neighborhood of
the Ashley Park Subdivision.
3.
3
II.
Given the level of existing services available to and in place, annexation of the
property will not overburden the municipal services in place.
Distance from current city limits:
The project site is adjacent city limits at the northwest corner (Ashely Park
Subdivision) and the south (future elementary school), thus annexation will
serve to be a logical expansion of the existing city limits.
Cost of services:
Once annexed to the city, full city services will be made available to the property
owner. Any necessary infrastructure associated with this development will be
required to be constructed in accordance with the City of Kalispell's Design and
Construction Standards and any other development policies, regulations or
ordinances that may apply. If annexed, the property owner will be extending
and connecting to city sewer.
The attached cost of services analysis prepared for this property is for
commercial annexations. The analysis is only an estimate based on a variety of
assumptions. The analysis does not take into consideration changes in methods
of assessment and estimated costs associated with services. The information
can only be used as a general estimate of the anticipated cost of services and
revenue.
The cost to serve the land proposed for annexation is shown in the attached
cost of service analysis - built out scenario. The total cost of services is
estimated to be $5,333.57 at this time. All of the cost is related to sewer and
wastewater treatment. Based on the city's taxation and assessment policies, the
property will generate approximately $5,141.60 in total annual revenue to the
city ($952.58 in taxes and $4,189.02 in assessments). Based on this analysis,
the annexation will be net loss to the city of approximately $191.98. In addition
the city will collect approximately $6,155.00 in one-time impact fees.
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-2. The applicants are
requesting city I-1 (Light Industrial) to accommodate the existing meat processing
use for the entire 3.89 acres. The Kalispell Zoning Regulations state that the I-1
zone is intended to be: "An industrial district 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."
M
Does the requested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy future land use map as
"Public", which does not anticipate the proposed I-1 Zoning District.
Section 76-2-303(3)(a)(i) M.C.A., provides direction for how municipalities
should address annexations and initial zoning. It specifically states that the
proposed zoning should be comparable to the existing county zoning. The
existing county zoning is I-2. A comparable zoning within the City of Kalispell
Zoning Ordinance that provides for the existing use would be the city I-1 Zone. A
city 1-2 Zone would not be appropriate as it provides for uses that would not be
expected near an elementary school and nearby residential developments.
2. Will the requested zone have an effect on motorized and nonmotorized
transportation systems?
The requested zone will not have an effect on motorized and nonmotorized
transportation systems as the property is already developed with an existing meat
processing facility and is currently zoned industrial within the county.
3. Will the requested zone secure safety from fire, panic, and other dangers?
The requested zone will not change the current status of the property in regards
to safety from fire, panic, and other dangers as it is already zoned county
industrial and has an existing use. The property was developed in the county and
does not have access as would typically be found with a city development.
Although not developed to city standards, adequate access is available to the site
in the case of an emergency. Other than sewer extensions to serve the property,
no additional improvements are required. The site is approximately 1 1/2 miles
from fire station 61 with good response time.
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification of I-1 will promote the health and general
welfare by allowing the development to come into the city where public
wastewater treatment is available. Currently, the property is under
Administrative Order on Consent due to discharge limits. Hooking to city sewer
will resolve their issue while at the same time limiting discharge into nearby
Ashley Creek.
5. Will the requested zone provide for adequate light and air?
The proposed zoning designation of I-1 with associated development standards,
in tandem with the required landscaping and parking requirements give due
consideration for adequate light and air.
6. Will the requested zone promote compatible urban growth?
The requested city I-1 Zoning District provides for the existing use of a meat
processing facility and is in conformity with the county I-2 Zoning.
7. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Public services and facilities are available or will need to be extended to the
property. The site has direct access to Airport Road which is designated and
designed to arterial standards.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The requested I-1 Zone gives due consideration of the suitability of this property
for the permitted uses in the zoning district, specifically a meat processing plant.
9. Does the requested zone give reasonable consideration to the character of the
district?
The proposed zoning is consistent with the existing county zoning on the
property and surrounding county properties. Section 76-2-303(3)(a)(i) M.C.A.,
provides direction for how municipalities should address annexations and
initial zoning. It specifically states that the proposed zoning should be
comparable to the existing county zoning. The existing county zoning is I-2. A
comparable zoning within the City of Kalispell Zoning Ordinance that provides for
the existing use would be the city I-1 Zone.
10. Will the requested zone avoid undue concentration of people?
An increase in people should not be expected as a result of the city I-1 Zoning.
The city I-1 Zoning is comparable to the existing county zoning of I-2 currently on
the property. Additionally, the use on the property is existing and it is being
annexed in order to connect to city sewer services.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the annexation will
allow the current owner access to municipal services in order to rectify an
Administrative Order on Consent. The zoning requirements stipulated within the
I-1 Zoning District outline uses and standards that will protect the investment of
the subject property, as well as neighboring properties in the vicinity.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
The requested zone of I-1 is an appropriate use of the land, as it provides for an
meat processing plant which is currently operating on the property. Additionally,
connection to city services should be encouraged in areas where services and
facilities are reasonably available. In this case sewer lines are located within a
short distance of the property.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-16-05 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).
2
K Ai IL1SPELL CITY PLANNING BOARD & ZONE NG COMMISSiON
MINUTES OF REGULAR MEETING
January 10, 2017
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 6:11 p.m. Board
members present were: Doug Kauffman — acting president,
Christopher Yerkes, Rory Young & Ronalee Skees. Chad Graham
joined the meeting at 6:20pm. Charles Pesola & Steve Lorch were
absent. Tom Jentz, Jarod Nygren and PJ Sorensen represented the
Kalispell Planning Department.
APPROVAL OF MINUTES
Yerkes moved and Skees seconded a motion to approve the
minutes of the December 13, 2016, meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT
None.
STAMPEDE PACKING
A request from LRP, LLC to annex a 3.89 acre parcel into the city
ANNEXATION
and zone the land I-1 (Light Industrial) upon annexation. The
property is located at the 2095 Airport Road. The property is
developed with Stampede Packing, a meat processing plant with
appurtenant facilities.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report #KA-16-05 for the board.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KA-16-05 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).
BOARD DISCUSSION
None.
PUBLIC HEARING
Ryan Mitchell — 102 Cooperative Way, Ste 300 — stated he is the
consultant for this project. Advised that economically for the
property owner it makes more sense to annex into the city and
connect to the city sewer than to continue with the DEQ discharge
permits every year.
MOTION
Skees moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-
16-05 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).
Kalispell City Planning Board
Minutes of the meeting of January 10, 2017
Page I 1
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
B3 CORE AREA REZONE II
The City of Kalispell Planning Department is requesting that the
properties generally bounded on the north by the center line of US
Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue
East North, on the south by the center line of Center Street
between 3rd and 4th Avenue East North and then the south side of
the BNSF RR R/W from 4th Avenue East North easterly to its
intersection with the easterly end of the city limits along the
railroad tracks be rezoned from B-2, B-4 and I-1 to B-3.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report #KZC-16-04 for the board.
It is recommended that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KZC-16-04 as findings
of fact and recommend to the Kalispell City Council that the areas
zoned B-2 (General Business), B-4 (Central Business) and I-1
(Light Industrial) be rezoned to B-3 (Core Area Business).
BOARD DISCUSSION
Young inquired about the delay in moving the project forward to
the City Council. Jentz responded that it is a courtesy that the
Planning department is doing for CHS while they are in
negotiations on the relocation of their facilities.
President Graham took his seat at approximately 6:25pm.
PUBLIC HEARING
Tom Rigg — stated he would like to go on record that he has
changed his position and now agrees with the B-3 Core Are Re-
zone and would like to include the property he owns.
MOTION
Young moved and Yerkes seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt Staff Report
#KZC 16-03 as findings of fact and recommend to the Kalispell City
Council that the areas zoned B-2 (General Business) and B-4
(Central Business) be rezoned to B-3 (Core Area Business).
BOARD DISCUSSION
Nygren advised the board that since Tom Rigg is now in agreement
with the B-3 Core Area Re -zone they will need to do a motion to
include the properties that Tom Rigg owns.
MOTION - AMENDMENT
Yerkes moved and Young seconded a motion to amend Staff
Report #KZC16-03 to include the properties owned by Tom Rigg,
which were not included in the original staff report.
BOARD DISCUSSION
Graham noted that since he came in late on the discussion he feels
he should abstain from voting on the B-3 Core Area Re -zone.
Kalispell City Planning Board
Minutes of the meeting of January 10, 2017
Page 12
ROLL CALL
The original motion, as amended, passed unanimously on a roll
call vote.
BOARD MEMBER SEATED
Young recused himself from the discussion and vote on item 1
Southside Estates and item 3 Kalispell North Towne Center due to
a conflict of interest.
SOUTHSIDE ESTATES
A request from Team Development, LLC for Southside Estates, a
major subdivision of an 8.83 acre parcel into 29 lots.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report #KPP-16-02 for the board.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KPP-16-02 as findings of
fact and recommend to the Kalispell City Council that the
preliminary plat Southside Estates be approved, subject to the
conditions listed in the staff report.
BOARD DISCUSSION
None.
PUBLIC HEARING
None.
MOTION
Skees moved and Kauffman seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt Staff Report
#KPP-16-02 as findings of fact and recommend to the Kalispell
City Council that the preliminary plat Southside Estates be
approved, subject to the conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
KALISPELL NORTH TOWNE
A request from Stillwater Corporation, for Kalispell North Town
CENTER
Center — Phase 1, a major subdivision of 81.4 acres of land into 12
lots.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff report #KPP-16-03 for the board.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report #KPP-16-03 as findings of
fact and recommend to the Kalispell City Council that the
preliminary plat Kalispell North Town Center — Phase 1 be
approved, subject to the conditions listed in the staff report.
BOARD DISCUSSION
Graham asked if the developer is currently working on extending
Rose Crossing through at this time because he has seen some
activity going on the area. Nygren advised that he would let the
Kalispell City Planning Board
Minutes of the meeting of January 10, 2017
Page13
applicant address that question more specifically; however it is
intended for Rose Crossing to be developed as a rural cross section
in areas not a part of the subdivision as it heads east.
PUBLIC HEARING
Zack Graham — 411 E Main St., Ste 101, Bozeman — stated he is
with CTA Architects and is representing the applicant. He advised
that the activity that is going on in the area is some testing of the
sand for use with concrete.
MOTION
Kauffman moved and Yerkes seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt Staff Report
#KPP-16-03 as findings of fact and recommend to the Kalispell
City Council that the preliminary plat Kalispell North Town
Center — Phase 1 be approved, subject to the conditions listed in
the staff report.
BOARD DISCUSSION
Jentz clarified to the board that extending Rose Crossing is a part
of the preliminary plat and that we will see this project go up in
phases due to the sheer size of the project.
Graham added he is very excited for this project to move forward
and see it progress.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Young returned to his seat.
OLD BUSINESS
Jentz updated the board on what stage of the approval process The
Lofts @ Ashley are in.
NEW BUSINESS
Jentz advised that if the work session for the Kalispell Regional
Healthcare PUD goes well tonight we could be looking at a public
hearing at the February 14th Planning Board meeting.
ADJOURNMENT
The meeting was adjourned at approximately 6:47 p.m.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be held on
Tuesday, February 14, 2017 at 6:00 p.m. and located in the
Kalispell City Council Chambers, 201 1" Avenue East.
/s/ Chad Graham
Chad Graham
President
APPROVED as submitted/amended: 2/14/2017
/s/ Karl Hernandez
Karl Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of January 10, 2017
Page 14
PLANNING FOR THE FUTURE
Planning Department
201 1" Avenue East
Kalispell, NIT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
ivw.kalisnell.com/planninit
PETITION FOR AINNEXATION AND INITIAL ZONING
NAME OF APPLICANT: LRP, LLC (Thomas S . Laurens - Managing Member)
MAIL ADDRESS: PO Box 2096
CITY/STATE/ZIP: Kalispell, MT 59903 PHONE: 755-3380
INTEREST IN PROPERTY:owner/Registered Agent
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: Thomas S . and Holly J. Laurens
MAIL ADDRESS: PO Box 2096
CITY/STATE/ZIP: Kalispell, MT 59903
INTEREST IN PROPERTY: Owners
PHONE: 755-3380
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 2095 Airport Road, Kalispell, MT
Legal Description: Parcel A of Certificate of Survey
(Lot and Block of Subdivision; Tract #)
S 20, T. 28 N., R 21 W.
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 3.89 Acres
Current estimated market value $110 , 0 0 0 . 0 0 at 50% build out N/A
at 100% build out $ 2 4 3, 8 5 0. 0 0
Is there a Rural Fire Department RSID or Bond on this property Yes No X
If yes remaining balance is $ X
The present zoning of the above property is: 1-2 Heavy Industrial
The proposed zoning of the above property is: 1-1 Light Industrial
State the changed or changing conditions that make the proposed amendment necessary:
Stampede Packing, a meat processing plant, is under an Admininistrative
Order on Consent with the MDEQ due to discharge limits and permit limits
for the existing drainfield. Annexing will allow connecting to the City of
Kalispell's Wastewater Collection & Treatment System, and resolve the AOC.
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection du 'ng the annexation process.
(A plicant � - /
Return to:
Aimee Brunckhorst
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the south Kalispell Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a mini}num of 5 years from date of annexation.
R
Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
ss
County of Flathead dountV
� c(` f
On thi da of �.�� t �_ ; � ; before in e undersigned, geed, a Notary Public for
the State of Montana, personally appearedd L:3 E Uk �cb1 known
to me to be the person whose name is subscribed to the -foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand ands ffixed-my Notary Seal the day and
year in this certificate first above written. `''
My
STATE OF MONTANA )
of m UMMLx
PUBLIC tar the
ss
County of Flathead 0-0 my
��I
On t -i day of c . BOO i before me the undersigned, �'
a Not Public for
—-
the State of Montana, personally appeared 1 i I C>ti_� �-c �� ( Z� ,(Zc ,,_ •_, known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and a , d-* o!ary Seal the day and
year in this certificate first above written. c
Notary Public ,state of Montana
Printed Nae KELLY SEMENZA
Residing a NOTARY PUBLIC for the
My Comm s, nWjjjr • State of Montana
My CommUlon Expires
Apol 28, 2018
Exhibit A — Legal Description of Parcel A
Parcel A
That portion of the Southwest 1/4 of Section 20, Township 28 North, Range 21 West, P.M., M., Flathead
County, Montana, described as follows:
Beginning at the Northeast corner Parcel C per C. of S. No. 20424;
Thence along the North boundary of said Parcel C per C. of S. No. 20424 through the following seven (7)
courses:
North 52039'31" West 101.19 feet to the beginning of a 255.00 foot radius curve to the left;
Thence Northwesterly along the curve through a central angle of 38°52'59" along an arc length of 173.05
feet;
Thence South 88°27'31" West 15.84 feet;
Thence North 85°13'15" West 99.00 feet;
Thence North 87°36'08" West 116.05 feet to the beginning of a 100.00 foot radius curve to the right;
Thence Northwesterly along the curve through a central angle of 34°34'46" along an arc length of 60.35
feet to the
South fine of the Northwest 1/4 of the Southwest 1/4;
Thence along the South line of the Northwest 1/4 of the Southwest 1/4, North 89°24'10" West 262.58 feet to
the Easterly right of way of Airport Road;
Thence along said Easterly right of way, North 00°19'07" East 30.06 feet;
Thence South 89°21'18" East 183.49 feet;
Thence North 00°11'50" East 213.60 feet;
Thence North 00°04'55" East 163.33 feet;
Thence South 85°44'35" East 160.05 feet;
Thence South 27°48'54" East 213.84 feet:
Thence South 85°43'52" East 85.01 feet;
Thence South 31°14'42" East 121.34 feet;
Thence South 89°24'10" East 200.00 feet;
Thence South 00°10'56" West 240.74 feet to the Point of Beginning, containing 3.89 acres of land all as
shown hereon.
Subject to and together with easements of record.
NORTH LRP, LLC - Stampede Packing Annexation
Subject Property
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Date: Dec 20th, 2016
Kalispell Planning Dept.
0 325 650
File Path: I\20161mailings112202016 Feet
ESTIMATED COST OF SERVICES ANALYSIS (100% Build Out Scenario)
Project Name: Stampede Packing, 2095 Airport Road
Date 1 /5/2017
Calculated By: Kalispell Planning Department
Number of acres proposed to be annexed:
Number of lots to be annexed:
Total square footage of all the lots to be annexed:
Estimated market value of property:
3.9
169,884
$243,850
1. COST OF SERVICES
UNDEVELOPED
ACRES
DEVELOPED ACRES
COST/ACRE
TOTAL
Fire FY16 budget $2,735,865
0
4
$ 107.37
$ 408.01
Police FY16 budget $4,452,984
0
4
$ 173.33
$ 658.65
General Gov't Services (FY
budget $5,387,859)
0
4
$ 167.50
$ 636.50
Subtotal
$ 1,703.16
SERVICE
NO. OF UNITS
COST/UNIT
TOTAL
Roads Lineal feet of road to be maintained
0
$ 5.05
$
Water based on number of ERUs
0
$ 185.51
$
Sewer based on number of ERUs
9
$ 168.51
$ 1.583.99
Wastewater Treatment based on number of ERUs
9
$ 227.38
$ 2,046.42
Stormwater (calculated at a impervious
surface rate of 6 ERUs/Acre)
0
$ 67.87
$ -
Subtotal
$ 3,630.41
TOTAL ANTICIPATED COST OF SERVICE _
$ 6,333.57
2. ANTICIPATED
CITY ASSESSMENT REVENUE GENERATED
Totalsquare footage to be annexed:
169,884
Number of lots:
1
ASSESSMENT
AVE SO FT
FY15/16 ASSESSMENT
TOTAL
Storm sewer assessment Res. 5732 :
169,884
0.00999
$ 1,697.14
Street maintenance assessment Res. 5731 :
169,884
0.0223343
$ 1,171.07
Urban forestry assessment (capped $300 per lot Res. 5729 :
169,884
0.00171
$ 290.50
Light maintenance assessment Res. 5733
:
169,884
0.00165
$ 280.31
Average water and sewer bill
$ 750.00
$ 750.00
SUBTOTAL ANTICIPATED REVENUE FROM
ASSESSMENTS PER
LOT =
$ 4,189.02
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS FROM ALL LOTS =
4,189.02
3. TAX REVENUE
Estimated market value of property:
$ 243,850.00
NO. OF UNITS
VALUE PER PROPERTY
TOTAL
Total assessed value:
1
$ 243,850.00
$ 243,850.00
TOTAL ASSESSMENT
REAL ESTATE TAX
TAXABLE VALUE
Total taxable value:
$ 243,850.00
0.019
$ 4,633.15
MILLS LEVIED
TOTAL
Tax revenue for all functions based on 781.1 mill levy):
0.7811
$ 3,618.95
TOTAL CITY TAX REVENUE (based on 205.6 mill levy) _ I 1 $952.58
4. Ih
PACT FEES
UNIT
QUANTITY
COST PER UNIT
Total ewer impact f-ee:
ERU
1
$ 5,757.00
$5,767.00
Total a er Impact Fee:
ERU
0
$ 6,418.00
$0.00
Total orm Impact Fee:
ERU
0
$ 1,121.00
0.00
Total o ice Impact Fee:(Res.
Per Unit
1
$ 31.00
$31.00
Total ire impact I-ee es.
Per Unit
1
$ 367.00
$367.00
Total Project Impact Fee =
6,155.00
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) 5,141.60
6. ONE TIME IMPACT FEE PAYMENT TO THE ITY ITEM 4) $6,155.00
7. NET REVENUE TOT E CITY PER YEAR ITEM 5 - ITEM 1) 5",91.98