E2. Ord 1797 - Stampede Packing ZoningPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager Pf�
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plagaing
SUBJECT: Ordinance 1797 — KA-16-05 — Second Reading, Stampede Packing
MEETING DATE: September 5, 2017
BACKGROUND: This is the second reading of Ordinance 1797, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of I-1 (Light Industrial). 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 21W, P.M.M., Flathead County,
Montana.
The Kalispell City Council, at their meeting on August 21, 2017, approved the first reading of
Ordinance 1797, unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
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 properties 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.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1797
Staff Report
c: Aimee Brunckhorst, Kalispell 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
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 Sheriff's 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.
Given the level of existing services available to and in place, annexation of the
property will not overburden the municipal services in place.
3. 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.
4. 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.
H. 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."
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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 I-2 Zone would not be appropriate as it provides for uses that would not be
expected near an elementary school and nearby residential developments.
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.
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.
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
wastewater treatment is available.
Administrative Order on Consent due to
will resolve their issue while at the saj
Ashley Creek.
to come into the city where public
Currently, the property is under
discharge limits. Hooking to city sewer
ne time limiting discharge into nearby
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.
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.
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).
R