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Staff Report/Annexation, Zoning & Preliminary PlatCity of Kalispell Planning Department 17 - 2`K' Street East, Suite 211, Kalispell., Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 'ehsite: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Jaynes H. Patrick, City Manager SUBJECT Montana Venture Partners Initial Zoning of 1-1, Light Industrial - Rocky Cliff Drive and Hwy 93 South MEETING DATE: November 7, 2005 BACKGROUND: This is a request by Montana Venture Partners for an initial zoning designation of I-1, Light Industrial on approximately 55 acres. The property lies at the northeast corner of Demersville Road and Rocky Cliff Drive. The property was annexed by the Kalispell City Council at their regular meeting of June 6, 2005. The property is currently undeveloped but has received preliminary plat approval from Flathead County for a 16 lot industrial subdivision. The Kalispell City Planning Board met on June 21, 2005 and held a public hearing to consider a request for an initial zoning designation of 1-1, Light Industrial, on approximately 55 acres. The Kalispell Planning Department staff presented staff report #KA-05-11 evaluating the proposal. Staff noted the City I-1 zoning and the County 1-1 zoning are significantly different and the developers' plans for office space could not be accommodated with the City 1-1 zoning classification. Therefore the staff was recommending that the property be zoned B-5, Commercial / Industrial, since it is more consistent with the existing County zoning. At the public hearing the developers spoke in favor of the proposal and stated they intended to do an industrial park as a public / private partnership with the City of Kalispell and anticipated well -paying jobs as a result of its development. A neighboring property owner spoke in opposition citing the unpaved roads in the area as an issue and the impact the project would have on the character of the area. After the public hearing the board discussed the proposal and the recommended B-5 zoning. There was some discussion of the recommended B-5 zoning being too broad in the uses that were allowed compared to the City 1-1 zoning. A motion was made to recommend the zoning for the property be B-5, Commercial / Industrial which passed on a vote of five in favor and one opposed with Bryan Schutt voting in opposition. However, at the next regular meeting of the planning board held on July 12, 2005 this matter was brought up for reconsideration by the board. The board believed the Montana Venture Partners November 1, 2005 Page 2 zoning for the property and the intended uses for the subdivision were more closely Linked to the light industrial zoning. After some substantial discussion regarding the project, the planning board voted unanimously in favor to recommend that the zoning for the property should be 1- 1, Light Industrial. RECOMMENDATION: A motion to approve the first reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wilson ames 'atrick Senior Planner 'tity Manager Report compiled: November 1, 2005 c: Theresa White, Kalispell City Clerk ORDINANCE NO. 1556 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY 16337 LOCATED IN SECTION 33, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY 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 Venture Partners, the owners ofthe property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned I-1, Light Industrial, on approximately 55 acres of land, and WHEREAS, the property is located on the northeast corner of Rocky Cliff Drive and Demersville Road, and WHEREAS, Montana Venture Partners' petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-05-11, dated June 14, 2005, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned I-1, Light Industrial as requested by the petition, 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 initial 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 TCPO as set forth in Staff Report No. KA-05-11. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as 1-1, Light Industrial, on approximately 55 acres of land. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in frill force and effect. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 7TH DAY OF NOVEMBER, 2005. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com July 22, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Montana Venture Partners Initial Zoning of I-1, Light Industrial - Rocky Cliff Drive and Hwy 93 South Dear Jim: The Kalispell City Planning Board met on June 21, 2005 and held a public hearing to consider a request for an initial zoning designation of 1-1, Light Industrial, on approximately 55 acres. The property lies at the northeast corner of Demersville Road and Rocky Cliff Drive. The property was annexed by the Kalispell City Council at their regular meeting of June 6, 2005. The property is currently undeveloped but has received preliminary plat approval from Flathead County for a 16 lot industrial subdivision. Narda Wilson of the Kalispell Planning Department, presented staff report #KA-05-11 evaluating the proposal. She noted the City I-1 zoning and the County I-1 zoning are significantly different and the developers' plans for office space could not be accommodated with the City 1-1 zoning classification. Therefore the staff was recommending that the property be zoned B-5, Commercial / Industrial, since it is more consistent with the existing County zoning. At the public hearing the developers spoke in favor of the proposal and stated they intended to do an industrial park as a public / private partnership with the City of Kalispell and anticipated well -paying jobs as a result of its development. A neighboring property owner spoke in opposition citing the unpaved roads in the area as an issue and the impact the project would have on the character of the area. After the public hearing the board discussed the proposal and the recommended B-5 zoning. There was some discussion of the recommended B-5 zoning being too broad in the uses that were allowed compared to the City 1-1 zoning. A motion was made to recommend the zoning for the property be B-5, Commercial / Industrial which passed on a vote of five in favor and one opposed with Bryan. Schutt voting in opposition. Montana Venture Partners July 22, 2005 Page 2 However, at the next regular meeting of the planning board held on July 12, 2005 this matter was brought up for reconsideration by the board. The board believed the zoning for the property and the intended uses for the subdivision were more closely linked to the light industrial zoning. After some substantial discussion regarding the project, the planning board voted unanimously in favor to recommend that the zoning for the property should be I-1, Light Industrial. Please schedule this matter for consideration by the Kalispell City Council at their regular meeting of August 1, 2005. You may contact this board or Narda Wilson at the Kalispell Planning Department if you have any questions regarding this nutter. Sincerely, Kalispell City Planning Board George Taylor President GT/ NW / ma Attachments: Staff report ##KA-05T 11 and application materials Minutes of the 6 / 21 / 05 planning board meeting Minutes of the 7/ 12/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Montana Venture Partners, P.O. Box 1477, Kalispell, MT 59903 MONTANA VENTURE PARTNERS REQUEST FOR INITIAL ZONING OF I-1 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-05-11 JUNE14, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of I-1 upon annexation to the city. A public hearing has been scheduled before the planning board for June 21, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The Kalispell City Council annexed this property on June 6, 2005 without a City zoning assignment. A. Petitioner and Owners: Montana Venture Partners P.O. Box 1477 Kalispell, MT 59903 (406) 270-0985 (406)751-4341 B. Location and Legal Description of Property: The property proposed for initial zoning is located on the northeast corner of Rocky Cliff Drive and Demersville Read approximately two miles from the intersection of Hwy 93 and Lower Valley Road, the current city limits. The property can be described as Parcel A of Certificate of Survey 16337 located in Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.. C. Existing zoning: Prior to being annexed into the city of Kalispell on June 6, 2005 by the Kalispell City Council, this property was in the County zoning jurisdiction and was zoned 1-1, Light Industrial. Over the last 12 months or so the developers went to the County and sought and received a master plan amendment from Agricultural to industrial, a zone change from AG-80, Agricultural, to I-1, Light Industrial as well as approval of a 16 lot subdivision known as Old School Station. D. Proposed Zoning: The property owners are requesting City I-1 zoning, a Light Industrial zoning district, which allows a wide variety of industrial, manufacturing, and storage uses including airplane hangars. E. Size: The area proposed for initial zoning contains approximately 55 acres. F. Existing Land Use: This property is currently undeveloped. Page 1 G. Adjacent Lard Uses and Zoning: The adjacent land uses are agricultural to the north, east and south and industrial to the west along Hwy 93. North: Demersville School used residentially, County AG-80 South: Agricultural and warehousing, Unzoned East: Agricultural, County AG-40 West: Industrial, County I-1 zoning H. General Land Use Character: The character of the immediate area ; can be described as commercial and industrial uses fronting on US 93 with less intensive agricultural and residential uses off of the highway. The immediate site does not abut the highway corridor but is extremely close and has access to the highway via Rocky Cliff Drive and Snowline Drive. L Availability of Public Services: City water and sewer are located approximately two miles to the north of this property at the Four Corners area. It is the intent of the developer to extend water and sewer to this site, execute a development agreement with the City of Kalispell to allow for the reimbursement of costs associated with the utility extension and the City would create an industrial tax increment finance district to assist in the installation of public infrastructure in the subdivision to create jobs and generate tax revenue for the City. J. Additional background information: Please see the attached memorandum from James H. Patrick, Kalispell City Manager to the Kalispell City Council dated June 1, 2005. This memo outlines the strategy for annexing and developing this property. Also included as an attachment is a copy of the County resolution approving the preliminary plat for Old School Station and the preliminary plat layout. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.G.A. SUMMARY AND DISCUSSION Does the requested zone com-ply with the Growth Polic ? This property is outside the boundary of the Kalispell Growth Policy 2020, future land use map and potential utility service area. The County master plan as amended by the applicants is designated as industrial. The proposed zoning does not comply with the growth policy for Kalispell because it is not within the boundaries that are anticipated to be served or developed with City services. 2. Is the requested zone designed -to lessen congestion in the streets? The current zoning is County I-1, Light Industrial, which is an intense commercial / industrial zoning designation which allows the uses not only Paee 2 anticipated to be found in a light industrial area but also the uses that are found within the general business district zoning. The County and City zoning designations of I-1, Light Industrial, vary considerably since the City light industrial zoning limits the uses in I-1 to those industrial type uses and discourages uses of a general commercial nature. The proposed 1-1 zoning would likely be less intensive within the City than it would in the County. The City I-1 zoning does not cater to those specific uses for which the developers have intended to use their property. City B-5 zoning an Industrial / Commercial zoning designation more closely resembles the current County I-1 designation for the site. 3. Will the requested zone secure safeLy from fire anic and other dangers? As this property develops, the City would need to work with the developer to insure that there is services and facilities that provide safety from fire, panic and other dangers associated with the provision of public services and utilities. 4. Will the requested zonepromote the health and general welfare? Because this annexation will enable the property owners to connect to public sewer and develop this property with full public services, the public health and welfare of the community will be served. 5. Will the requested zone provide for adequate light and air? The proposed light industrial zoning designation and allowed uses would be subject to the development standards of the zoning which help to insure that there is adequate light and air by using building height restrictions and setbacks as well as landscaping and parking requirements. Conditionally permitted uses that might be allowed will have special conditions required for the development. 6. Will the reguested zone prevent the overcrowding of land? The requested zoning designation is generally consistent with other I-1 zoning in the area and will continue an industrial pattern that is already established along the Hwy 93 corridor. However, the B-5 is a closer match to the County I- 1 since the County I-1 allows a broad range of commercial and industrial uses. With adequate services including upgraded roads, public sewer and water, the development standards may address overcrowding concerns. 7. Will the requested zone avoid undue concentration of -peo-ple? Designating these properties for commercial / industrial development will allow for the expansion of commercial, light .industrial and storage activities. The lot size requirements and the provision of municipal services serve to reduce congestion and crowding. The property will likely be developed more intensly with City utilities and services than would otherwise be allowed in the County, but it is unlikely that it would result in the undue concentration of people. Page 3 8. Will the requested zone facilitate the adequate rovision of transportation, water, sewerage, schools, parks, and other public reguire eats? Public service, facilities and infrastructure are intended to be provided to the property and would be extended at the applicant's expense. Impacts to these services can be currently assessed as a result of this zoning proposal and previous annexation of the property by the city council. 9. Does the requested zone give consideration to the particular suitability of the proRerty for particular uses? The proposed zoning is generally consistent with the zoning in the surrounding area, however, the City B-5, Industrial / Commercial zoning is a closer reflection of the County 1-1 zoning and intended uses for the property. The property lies in close proximity to storage and warehouse facilities associated with the County 1-1 zone. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is a mix of industrial and commercial uses adjacent to US Highway 93, but as one proceeds back from the highway frontage, where this property is located, the character is less intensive. The proposed 1-1 zoning as well as the City B-5 zoning is generally consistent with the land use character along the Hwy 93 corridor. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. 12. Will the requested zone encourage the most a ro riate use of the land throughout the jurisdiction? This property is not within the anticipated utility service area of Kalispell nor is it designated on the Kalispell Future Land Use Map because of its distance from the current city limits. However, the B-5 zoning designation is apparently consistent with the intentions and plans of the Kalispell City Council who have annexed this property without a zoning designation in anticipation of development with the type of uses allowed in the B-5, Industrial / Commercial zoning district. Page 4 RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-05-11 as findings of fact and forward a recommendation to Kalispell City Council that consideration be given to the issue that this property is currently outside the Kalispell Growth Policy 2020 boundaries and anticipated potential utility service area. As part of a comprehensive review, this property should be considered to be included as part the Kalispell Growth Policy 2020 and the Potential Utility Service Area Boundary as well as the Kalispell Future Land Use Map. Based upon previous actions by the Kalispell City Council and the Flathead County Board of Commissioners, it would appear that the most appropriate zoning for this property would be B-5, Commercial / Industrial. Pa ao ' The main motion as amended three times carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters, and Mayor Kennedy voting in favor, and Hafferman voting against. E/5. RESOLUTION 5017 — DAVID AND BEVERLY MOSBY This is a request for annexation of approximately one half of an acre located at 1404 bth Street East. Peters moved Resolution 5017, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more Particularly described as a portion of Assessor's Tract 5Q located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Mosby Addition No 363; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report on the annexation and zoning. There was no discussion. The motion carried unanimously upon roll call vote. E/6. ORDINANCE 1540 — INITIAL ZONING — DAVID AND BEVERLY MOSBY --1ST READING The Mosby's are requesting a zoning designation of R-3, Urban Single Family Residential, upon annexation of the above mentioned property. Atkinson moved first reading of Ordinance 1540, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as a portion of Assessor's Tract 5Q located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-4, Two Family Residential) to City R-3 (Urban Single Family Residential), in accordance with the Kalispell Growth Policy 1020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. E/7. RESOLUTION 5018 — ANNEXATION -- OLD SCHOOL STATION INDUSTRIAL PARK :Montana Venture Partners, LLC is requesting annexation of approximately 55 acres located 1.9 miles south of the City limits. The developers would pay to extend sewer and water lines in exchange for TIF assistance for park infrastructure. Kalispell City Council Minutes June 6, 2005 Page 7 Atkinson moved Resolution 5018, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, the real property described as Parcel A of Certificate of Survey #16337 in the SW 114 of Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Old School Station Addition No. 364; and to declare an effective date. The motion was seconded. Patrick explained the City has the opportunity to partner with Montana Venture Partners, LLC to form an industrial park. He said Montana Venture wishes to annex to the City and extend water and sewer to this area in return for TIF assistance. Patrick said the tax revenue from the park will assist in developing a sustainable tax base in the future as well as producing at least 1,000 good quality jobs. Hafferman stated "we have a one paragraph proposal to annex a 55 acre parcel at the end of a two mile tentacle from our nearest City limits". He said no cost analysis has been provided; the proposed area is beyond even a future fire station in the airport area; and there is no extension of services plan. Hafferman said if this was a good proposal for the citizens, a feasibility analysis should have been "eagerly provided". He said he would be in favor of allowing the developer to extend the water and sewer in exchange for building to City standards and waiving the right to protest annexation. Patrick commented the fire chief has indicated the department can effectively respond to this area and an industrial park doesn't require the same amount of services as a residential area. He said the Council has looked at ways to diversify the tax base and this is a prime opportunity to do that by bringing in industrial and commercial properties. In addition, Patrick stated there are property owners along US 93 who are also interested in annexing. Olson noted the County has already approved this project with septic systems. He agreed the property is a "long way out", but added the City will be creating a lot of good paying jobs and he will support it because of that. Peters said because the County has already approved the project the jobs will still be there independent of what the Council does and the tax revenue will be delayed for the life of the TIF district. He said he's also in favor of allowing them to get City services, but he's not in favor of annexation. Peters stated he doesn't understand what the advantage is to the taxpayer and is confused why this proposal is even before the Council. Patrick responded the City has been looking at developing an industrial park and when this project was proposed it only made sense to try to develop a partnership. Hafferman stated this is a "lousy deal" for the City of Kalispell because for 15 years not one tax dollar will go into the general fund and the taxpayers' rates will have to go up to pay for the services for police, fire and infrastructure maintenance. Herron said he thinks this is a great project, but he doesn't have any numbers to base a decision on. He said this is a 3.1 million dollar windfall for the developers and other developers are asking why they have to pay for their own infrastructure. Herron said there are just too many unanswered questions. Kalispell City Council Minutes June b, 2005 Page 8 Patrick said a meeting with the developer is schedule for Wednesday morning to develop the business plans. He stated the City has not been approached by any other developers interested in an industrial park, reiterating this is an opportunity to diversify the economy and tax base by providing some incentives to companies coming to town. Herron commented he still doesn't feel the Council has enough information and even though he doesn't have any problem with the annexation, he may have a problem with the TIF. Larson said the Council is simply voting on the annexation and there will be a lot more information coming forward prior to a vote on the TIF. He said he supports it because he feels this will be a quality project with quality developers that will be a benefit to the City, however, he is concerned about public safety response time. Hafferman pointed out an extension of services plan is required by State law prior to any decision being made. Peters noted even though the Council has been told they are only voting on annexation, he feels it's a lead to a TIF district otherwise annexation wouldn't be considered. He said the extension of sewer and water can occur without annexation, but a TIF district can't. Peters said at this time he just can't see how this makes sense. Atkinson said he's looking at the annexation as more than just an annexation. He said it's a potential for great economic development and will allow the City to have a say in the development of the southern corridor. He added he's only willing to take this leap because of the partners the City will be involved with. Mayor Kennedy said she supports the annexation and she also supports the'flF district. She said the developers are at the table because they were asked to come to the table. Mayor Kennedy said the Council has charged the City Manager with increasing the number of jobs and the economic development in the community and she feels this will do just that. Gabriel said she will support the resolution for the same reasons, adding she has to trust the police and fire chiefs when they say the area can be adequately covered. Herron said he is going to support the resolution because he doesn't want to see another onsite treatment facility or septic system in this valley, but he's not necessarily going to support a TIF district. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Larson, Olson, and Mayor Kennedy voting in favor, and Haff'erman, Kenyon, and Peters voting against. E/S. CONDITIONAL USE PERMIT — COTTONWOOD PARK SUBDIVISION Andy Silvers is requesting a conditional use permit to allow the conversion of four single family lots to four two unit townhouses on approximately IO acres in Cottonwood Park Subdivision. Kalispell City Council Minutes June 6, 2005 Page 9 NONTINJ IPUTURS, LL0' May 23, 2005 Kalispell Planning Board Kalispell City Council Kalispell, MT 59901 Gentlemen: Please accept Montana Venture Partners, LLC's, application to the City of Kalispell for Annexation and Zoning of 1-1 property for the development of 16 commercial/industrial lots encompassing 55.14 acres named "Old School Station". You will find enclosed a copy of the plat that the Flathead County Board of Commissioners approved on May 10, 2005. Montana Venture Partners, LLC, has been working with the City staff for utilities, water and sewer issues, so that we can resolve all issues and potential concerns. Montana Venture Partners, LLC, feels our site will be a welcome addition to the Gateway of Kalispell and the Flathead Valley. Than ' you in nce for your consideration of this request. 9 Andr w .!.a iller Paul D. W olz Man rtner Managing Partner f.T n .fir.. .q 4i74K ,. T "' 903 n.T . .u, uJ.S ���,' �?�rIJ i;CII, `f s:1J :i.i-i-rf, Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND MTiAL ZONING CITY OF K LISPELL N 4'VIE OF APPLICANT: riQ:L-4%,JA MAIL ADDRESS: �, d •O L 4 `1'`I CITY/STATE?ZIP: (.i,�" { r�'Cr. S��C� 3 PHONE: .7t,')-vim s (.-A{ff411 INTEREST IN PROPERTY: ejc.c�S Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: CITY/STATE/ZIP: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the property: Z p- Legal Description: --!�At'Ic { PHONE: (Lot and Blocs: of Subdivision; Tract 9) M !k„A f C) ,P& S`t ll'1.11i. qA-- f—c-AD 1?6.�%% (Section, Township. Range) (Attach metes and bounds as Exhibit A) Land in project (ac) iss. N At-lZa-Z The present zoning of the above property is: The proposed zoning of the above property is: „L —1 State the changed or changing conditions that make the proposed amendment necessary: 0 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 Tri-City Planning staff to be present can the property for routine inspection during the annexation process. 5- 2 3-0S' (Date) APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND T'i TITIAL ZON I NG APPLICATIONS L Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: the application procedure, compatibility and compliance with the Growth .Policy, and compatibility of the proposed zoning with surrounding zoning classifications. 2. Completed application form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form; including an Exhibit A, legal description of the property. 4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of ways) with mailing addresses. See example below. Assessor-4 See-Twn-Rng Lot/Tract No Property Owner & Mailing Address 5. Annexation and Initial Zoning Fee .made payable to the Tri-City Planning Office. 6. Fee Schedule: Residential (1 acre or less) no fee All other annexations: Over 1 acre - $100 for first acre + $15 per acre over 1 acre 7. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. As Approved by TCPB, Effective 3/1 5;04 City of Kalispell F Past ogee Box 3 997 - Kalispell, Montana 59903-1997 - Teiev one (406) 758-7000 Fax - (406) 758-7 758 REPORT TO: Honorable Mayor and City Council FROM: ,tames H. Patrick, City Manager SUBJECT: Old School Station .Annexation DATE: Tune 1, 2005 The City has the opportunity to partner with Andy Miller of .Montana Venture Partners, LLC to form a public/private industrial park. The industrial park "Qid School Station" has a County Zoning of "Light Industrial" and has an approved County plat for the Industrial Park. Montana Venture Partners wishes to annex to the City, extend water and sewer lines to this industrial park, in return. for TIF assistance in construction of park infrastructure. The attached map shows the location of the property in relation to the existing City limits. There are several advantages to making this commitment. 'There are several property owners interested in annexing to the City along US 93. This protects the southern entrance into the City and allows us to ensure a goad image to arriving visitors. The tax revenue that this park will generate will assist in developing a sustainable tax base in future years as well as producing at least 1,000 good quality jobs. At the current time there are three to four solid prospects creating approximately 400 jobs over the next five years. Two of these businesses would like to get their footings and foundations in as soon as possible. This will be a covenanted park that will require quality construction. Industrial TIFs may be used for projects undertaken within or for an industrial district if the proposed industrial district consists of a continuous area with an accurately described boundary, is zoned for industrial use, does not include any property included within an existing urban -renewal area district, is deficient in infrastructure improvement for industrial development, and has as its purpose the development of infrastructure to encourage the growth and retention. of seconciary,.value added industries. Tax increments may be used by the municipality to pay the following costs of or incurred in connection with an industrial infrastructure development project: land acquisition; demolition and removal of structures, relocation of occupants, the acquisition, construction, and improvement of infrastructure that includes streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and off street parking facilities, sewers, sewer lines, sewage facilities, publicly owned buildings and any public improvements, costs incurred in connection with the allowable redevelopment activities; acquisition of infrastructure deficient areas or portions of areas; administrative costs associated with the management of the industrial district. RECOMMENDATION: Approve the Annexation Resolution for Old School House Station. Staff will then proceed with the .formulation of a TIF Industrial Park, business plan, zoning, developer's agreements, late corner's agreement, internal engineering, planning commission approval, and funding. It will be the developer's signal to start engineering plans and construction for the water and sewer lines to the park. FISCAL EFFECTS: Generation of significant tax dollars from new industrial buildings, creation of over 1,000 jabs when built out, and increased wealth in the community. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, i es H. Patrick City Manager RESOLUTION NO.5018 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF K XLISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, THE REAL PROPERTY DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY #16337 IN THE SW 1r4 OF SECTION 33, TOWNSHIP 28 NORTH, RANGE 21. WEST, P.M.M., FLATHEAD COUNTY, MONTA;'YA, TO BE ILNOWN AS OLD SCHOOL STATION ADDITION NO, 364; AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Montana Venture Partners, LLC, the owners of the property described above, requesting that the City_ of Kalispell annex the territory into the City, and WHEREAS, the area shall be included within and shall conform to the Kalispell Growth Policy 2020, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS. SECTION I. That all the real property as is more particularly described above shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Old School Station Addition No. 364. SECTION II. 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 III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED A_ND APPROVED BY THE CITY COUFNCSLAND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF JUNE. 2005. ATTEST: Theresa White Citv Clerk Pamela B. Kennedy Mayor PETITION TO ANT'EX Aiv' D NOTICE OF WITHDRANVAL 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 fiuxther 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. Petitioners) hereby state that there is no geed to prepare a Municipal Annexation .Service :Plan for this =nexation 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) herein express an intent to have the property as herein described withdrawn from the _ t�M.�KZ��_ 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 frnnz providin-- solid wane services to this property for a minimum of 5 years from date of annexation. R Please retum this petition to: Tri•-City Planning Office 17 ?" St East, Suite 211 Kalispell MT 59901 NOTE; You must attach an Exhibit A that provides a bona xa.de legal description of the Drape.-nt to be annexed that tas been reviewed and certified by the Flathead County Plat Room. STATE OF MONTANT A ) : ss County of Flathead County r-L On this day of �, before Brie, the undersigned, a Notary Public for the State of Montana, persona _)appeared P.&2L � .,i1r - ---2 - 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 affixed my Notary Seal the day and Year in this certificate first above written.,} Notary Public, Star Gf MonYana Residing at �Tr My Commission expires: i STATE OF MONTANA i --EtIN A. JACMN 55 NoTAOY PAJUIC for *A 3hft of Umdwn R sid[nt M XalhpWl. iHa#af3ilsL County of Flathead County My Cammission Exai"A Marrth 19. 2W On this ___day of before me. the undersigned, a Notary Public for the State of lVtontana personal y appeared f is YL t....� �..\\-ev— 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 affixed my Notary Seal the day and year in this certificate first above written. } Notaryublic�t t ofo'n Residing at M 1VIv Commission expires: HUEN R, JACYAW STATE OF MONTANA } NOTARY PUBLIC *x Oa Shan of AJONOM ss My CofttthiMIM EX01"" momh 19, 2t1i37 County of Flathead On this day of , before ine, the undersigned. a Notary Public for Tlhe State of Montana, personally appeared and the , and respectively. of the corporation that executed he fo egroin Eg instrument, and the persons ,vho executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN TTINESS WHEREOF. I have Hereunto set Inv hand and axed my Notary Seal the day and year in this certificate first above written. Notary Public. State of'lflontana Residing at My Commission expires EXBIT A OLD SCHOOL STATION AKA iV O TAINA VENTURES LLC LETHAL DESCRIPTION OF AREA. TO BE AININEXIED Parcel A of Certificate of Survey #16 337 in the SW 1/4 of Section 33, Township 78 North Range 21 West, P.M.M., Flathead County, Montana. Flathead County Board of ' Commissioners (406) 758-5503 Joseph D. Brenneman Gary D. Hall Robert W. Watne�� May 12, 2005 Ms. Johna Morrison, Interim Director Flathead County Planning & Zoning Office 1035 1st Avenue West Kalispell, Montana 59901 RE: Preliminary Plat for OLD SCHOOL STATION Dear Ms. Morrison: On this date, the Flathead County Board of Commissioners reviewed the preliminary plat of Old School Stations. The Board of Commissioners has granted conditional approval to this request. A copy of the conditions, Exhibit A, is attached for your reference. This preliminary plat approval is in effect for three years and will expire on May 12, 2008. Please be advised the applicant, if he so chooses, can appeal any of the conditions placed on this plat based on the Flathead County Subdivision Regulations, Section 7.6, as set forth in the attached Exhibit A-1. Sincerely, BOARD 0 FLATHEA Gary D. Hall, Watne, Member Exhibit A, Exhibit A-1 c: MT Venture Partners P. 0. Box 1477 Kalispell, MT 599031477 County Feed & Parks Dept. Schwarz Architecture & Engineering 100 Financial Dr., Suite 120 Kalispell, MT 59901 County Road Dept. 800 South Main ** Kalispell, Montana 59901 " Fax (406) 758-5861 0.i il: Conditions, upon which preliminary plat approval has been granted to Old School Station this date of May 12, 2005, are as follows: 1. The internal subdivision roads shall be designed by a licensed engineer and constructed with a minimum 60-foot right-of-way, a 20-foot travel surface, and 55- foot radius cul-de-sacs, in accordance with the Flathead County Subdivision Regulations. 2. The developer shall install a stop sign and road identification sign at the intersection of Demersville Road and all subdivision access roads in accordance with Section 3.9(I)(8) of the Flathead County Subdivision Regulations. 3. The roads within the subdivision shall be signed in accordance with the policies of the Flathead County Road Department and the Uniform Traffic Control Devices Manual, 4. The developer shall obtain and show proof of valid approach permits for the subdivision from the Flathead County Road Department. 5. A letter from an engineer licensed in the State of Montana shall certify that all improvements have been installed to specifications. This certification shall include all roadways, drainage systems,: and sidewalks. 6. All internal subdivision roads shall be paved. 7. The applicant shall pave Snowline Lane and Demersville Road from its intersection with Snowline Lane south to its intersection with Rocky Cliff Drive. 8. The developer shall dedicate a 15-foot pedestrian/bicycle easement on Lots 1, 9, 10, 11, 12, and 13 along Demersville Road. 9. A property owners association shall be formed which will require each property owner to bear his/her pro-rata share for road maintenance of the internal subdivision roads and maintenance of Common Areas. 10. The applicant shall receive physical addresses and name all roads in accordance with Flathead County Resolution 41626. The addresses and road names shall appear on the final plat. 11. Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County Weed Department agreed. 12. All storm water, water and sewage treatment facilities and drainage plans shall be approved by.the Flathead City -County Health Department and the Montana Department of Environmental Quality at the time of development. A dry sewer line will be run from the Level II central collection system to the county right-of-way. Conditions of Preliminary Plat/Old School Station Page 2 13. A letter shall be obtained from the SomersfLakeside Fire District stating that the fxe access and suppression system has been reviewed, approved and installed in accordance with its requirements. 14. All utilities shall be placed underground to abut and be available to each lot, in accordance with a plan approved by the utility companies. Utilities and easements shall comply with Section 3.17 and 3.18 of the Flathead County Subdivision Regulations. 15. Any lighting used for the business park shall be directed in such a way as to be contained within the boundaries of the property and shall be hooded, screened, or directed in a manner that it shall not be detrimental to the adjoining property owners or the neighborhood. 16. The applicant shall provide a common off-street mail pick-up facility and vehicular pull -off in compliance with Section 3.22 of the Flathead County Subdivision ReR,ulations. 17. The following statements shall be placed on the .face of the final plat: a. All address numbers shall be visible from the road, either at the driveway A ntrance or on the house. b. The property owners association shall be responsible for maintenance of the private roadways and Common Areas. Roads shall be maintained, including necessary repairs and snow removal, to ensure safe all-weather travel for two- way traffic. C. All utilities shall be installed underground. d. Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County Weed Department agreed. e. This subdivision is approved for uses authorized in the 1-1 zoning district only, by permitted or conditional use permit as indicated in the regulations. Residential uses are strictly prohibited. f Waiver of Protest Participation in Special Improvement District (Owner) hereby waives any and all right to protest which it may have in regards to any attempt to be made by a local governmental zntity, to initiate a Special Improvement District which includes Subdivision, shown on the plat therefore, for any of the purposes related to roads, water facilities and systems, and sewer Conditions of Preliminary Plat/Old School Station Page 3 facilities and systems, set forth in Sections 7-12-2102 and 7-12-4102, M.C.A.; provided however that understands that (he/she/it/they) retains the ability.to object to the amount of assessment imposed as a result of the formation of a Special Improvement District, including the right to object on the basis that the property is not benefited by the Special Improvement District. agrees that this covenant shall run to, with and be binding on the title of the real property described above and shall be binding on the heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the real property shown on the subdivision plat for Subdivision 18. All required improvements shall be completed in place, or a Subdivision Improvement Agreement in accordance with Chapter 8 of the Flathead County Subdivision Regulations shall be provided by the subdivider, prior to final approval by the County Commissioners. 19. The final plat shall be in substantial compliance with the plat and plans submitted for review, except as modified by these conditions. 20. The preliminary plat approval is valid for three (3) years. 21. The developer will work with the Flathead County Road Department to ensure dust control of Demersville Road south of Foys Lake Lane until such time that Demersville Road is paved. BOARD © comavff ONERS. FLATHE GOIR , l 101 T A Clary D. Hall, Chairman Robe atne, Member 7o p D renneman, Member Lbw:-. w 7.6 APPEALS: Any final action; decision, or order of the governing body or a regulation adopted pursuant to these regulations that is arbitrary or capricious is subject to appeal to District Court. (See Section 76-3 M.C.A.) DISCUSSION I There was no discussion. ROLL CALL The motion passed unanimously on a roll call vote with Gabriel absent. MONTANA VENTURE A request by Montana Venture Partners, LLC for an initial PARTNERS, LLC INITIAL zoning designation of I-1, Light Industrial, on approximately ZONING REQUEST 55 acres located east of Rocky Cliff Drive and Highway 93 South. STAFF REPORT KA-05-11 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KA-05-11, a request by Montana Venture Partners, LLC for an initial zoning designation.. of 1-1 on approximately 55 acres located east of Rocky Cliff Drive and Highway 93 South. Wilson stated that this property was annexed to the city on June 6, 2005 and is located 1.9 miles south of the current city limits, off of Rocky Cliff Drive, east of the Cenex fuel storage, and southeast of Ashley Creek. It is entirely out of the 100 year flood plain. She said the property owners got a Master Plan amendment from the County; the property was zoned County 1-1, Light Industrial, and the preliminary plat was approved for a 55 acre subdivision with 16 lots, to be known as Old School Station. Wilson explained that the Kalispell City Manager talked with the developers about partnering with the City for a business/ industrial park. She said she has been working with the developers to assign an appropriate zoning designation.. Wilson said the property was annexed on June 6 by the City Council without a zoning designation, and that is not the typical process. There may not have been adequate consideration given to legal issues relating to the zoning, and growth policy for the area. She said this is out beyond the growth policy boundary and potential utility service area by about a mile and there is no growth policy land use designation in the area. As a result the master plan amendment, the Flathead County Master Plan designates the property as Industrial. But the Light Industrial for the county is different than the City's designation. She said the County designation much broader that the City's designation since it does not include retail, office or lighter service uses. Wilson said that currently there are issues with the provision of public services to the property, since the sewer and water are approximately 2 miles away; the property lies on an unpaved road. She stated the property owners intend do some paving to the site along Snowline Drive and Demersville Road and to connect to sewer that would be extended at the developer's expense. She said the character of the area is a mix of industrial/commercial uses, the river is to the east, Kalispell City Planning Board Minutes of the special ineetine of June 2i, 2005 there is limited residential to the north and east, to the south is commercial and some residential. She said there is a lot of floodplairi in the area and the surrounding zoning is a mix of large tract agricultural to the east, unzoned property to the south. She said there is a mix of uses towards the floodplain to the north, mostly rural residential and agricultural, and very intense commercial and industrial uses to the west along the Hwy 93 corridor. She said the intent of the Council was to provide facilities and create a tax base and jobs, and provide an opportunity for redevelopment of the Hwy 93 corridor with the extension of utilities. Wilson finished by stating that staff is recommending the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-05-11 as findings of fact and forward a recommendation to Kalispell City Council that consideration be given to the issue that this property is currently outside the Kalispell Growth Policy 2020 boundaries and anticipated potential utility service area. As part of a comprehensive review, this property should be considered to be included as part the Kalispell Growth Policy 2020 and the Potential Utility Service Area Boundary as well as the Kalispell Future band Use Map. Based upon previous actions by the Kalispell City Council and the Flathead County Board of Commissioners, it would appear that the most appropriate zoning for this property would be B-5, Commercial / Industrial, because of the close association of the uses between the City B-5 and the County I-1 zoning." QUESTIONS BY THE ( Taylor confirmed that staff is recommending B-5 and not 1-1, BOARD ( and that the B-5 includes office uses. Nilson gave Taylor a copy of the Flathead County Zoning Regulations and stated she really did not know how else to evaluate the proposal. PU13LIC HEARING � The public hearing was opened to those who wished to speak I on the issue. APPLICANTS/AGENCIES I Andy Miller, 175 East Many Lakes Drive, stated that this was '_. done very quickly and it was approved by the Flathead County Commissioners and County Planning Board. The City came to them and asked if they would consider annexation to the City. He said they had had meetings with landowners about putting in sewer and water lines, but no one else wanted to connect. He said they wanted to make the commitment and spend three million dollars to bring water and sewer to the property, and the Cit_v is considering a TIF district to help with the infrastructure. He said he and Kalispell City Planning Board Minutes of the special meeting of June 21, 2005 Wilson stated they tried to come up with the closest City zone to the County 1-1. Taylor asked if they would agree to the B-5 zone, Miller said yes. Schutt asked why this process is moving so quickly. Miller said from his perspective, the hurry is to try to set a standard in Kalispell for Industrial/Commercial properties, they are looking at building a distribution facility, and some other commitments, and they are trying to develop real infrastructure for upscale jobs and a goad economy for the valley. He said the subdivision plat went through the county process, and all uses will be allowed in the City B-5 zone; they will not put in things that are incompatible with their project_ Schutt asked what the City will, get out of this deal. Miller said they are under pressure from people who are moving here to start businesses, and there are lots of things that make it difficult for Light Industry to come in. He said that industry warns public water and sewer. MDEQ's review of their septic system would be approved 6 to 8 months from now at a minimum, and his clients don't want to wait that long. He said that when the City eventually grows to the area, they will be able to tap into the sewer line and they will get latecomer fees. He said they are investing in the future, not j-izst today. Norton said he does not believe any animosity lies with the developers, but in how the project came before the Board. Paul Wachholtz, 183 Fairway Boulevard, stated that he needed 10 acres to relocate Fun Beverage, and he found this property. He said he needs to get these projects ahead of the people so that infrastructure is there, and the south corridor has been redesigned and redeveloped, and is in a hodgepodge fashion along the highway. He said they were approached by the City, and this was an opportunity to relocate major businesses; they started with the county because that is where they were. He said this is a great deal for the tax and job base and to protect the south corridor. He said the easement is there for sewer and water, and people need to know where they can build, and nothing is available in Kalispell right now. In response to a comment, he said they were totally approved by the county, and there is not a single commercial business that does not ask about water and sewer. He said the lots will not be subdivided, and they chose the area for its access to the highway. stated that he wondered why someone did not call the Kalispell City Planning Board Minutes of the special meeting of June 21, 2005 Board about this project and that they were marginalized. He' feels we are shooting ourselves in the foot by not following the process. Norton stated he would like to applaud them for extending the services and that the City will benefit from their project. The process that was taken is the problem. PUBLIC COMMENT Lorraine Reed, 705 Demersville Road, stated that she is here to find out what is going on. She said she is concerned for the neighborhood, and this project will be a big impact; she lives less than a mile north of the project, and this will hugely impact the amount of traffic on that road. She said i Mr. Wachholtz had said he will do some paving on Demersville Road, and that the county opted for the developers to pave Snowline Road instead. She said there will be one mile of unpaved road to the north beyond this property. She also said she does not know what the B-5 allows, and hopes that it is light industrial and not heavy industrial; the neighborhood was not very well notified because of the location of their properties. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded to adopt Staff Report KA- 05-11 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning designation on this property'be B-5, Commercial. 1 BOARD DISCUSSION Hull said he has no problem with the project, but he has concerns that it may lead to a bunch of strip development, and lots of stop lights along the highway. He said it might be a good thing and it may change the economy. Norton asked that this area be moved to the top of the work session agenda, because it will develop quickly. He also stated that just because the developer has the funds and a good plan, that was no reason to set aside legalities, traditions and proper procedure, and all projects should go through the proper channels. He said the Board could cut off its nose to spite its face and table the issue to show the Council they did not appreciate being marginalized, but that would not be in .the best interest of the City and its citizens. Taylor stated he had met with the City Manager on work I session items and they also discussed this project, and Mr. Patrick was well aware of the fact that the Board was left out of the loop on this; Taylor sincerely believes it was a one time incident and it won't happen again. He said he wants to talk about being proactive and not reactive on Growth Policy Kalispell City Planning Board Minutes of the special meeting of June 21, 2005 items. Schutt stated he feels the zoning should be 1-1, and that the B-5 would be relatively loose, and if we want an industrial park there, we should zone it industrial. Wilson said the B-5 is much less restrictive, and there is a greater latitude of uses in the B-5. She said that 1-1 would not accommodate what the developers want to do and that the B-5 fits county 1- I closest. i Schutt stated that the B-5 would let in a whole lot of uses that were not tied to this job -making opportunity. MOTION - AMENDMENT Schutt moved and Hinchey seconded that the zoning on this property be 1-1, Light Industrial, instead of B-5. FURTHER DISCUSSION Norton confirmed that Schutt feels the B-5 is too loose and wants it 1-1 in order to restrict what is allowed there. Taylor said the synergy is already there, and the developers are not thinking about a taxidermist, etc; they already have their clients lined up. He said we don't know what it is, and we have to take it on faith, but he does not think we have to worry because the control is already there. He said that something should be said for the developers and their reputations, and he does not feel they would be coming before the Board with the idea that just anything can go in that park. Norton said there are only 27 different uses allowed in the B- 5, but the intent of the 1-1 also allows "adult -type" uses. He said we should leave it B-5 if it is going to work for the developer, and we should be stepping up to the plate and be I willing to be lenient. Wilson stated in defense of Schutt, there is concern for a I domino effect up and down the corridor, and once redevelopment starts, how will that look? She said that corridor standards will be important and it is imperative they get done, but she is not changing her recommendation; it is appropriate for that project. ROLL CALL -- AMENDMENT The amended motion failed 3-3 on a roll vote, with Norton, Hinchey and Taylor voting against, and Schutt, Hull and Albert voting in favor. ROLL CALL -- MAIN The main motion passed unanimously on a roll call vote. MOTION i Kalispell City Planning Board Minutes of the special meeting of June 21, 2005 OLD BUSINESS CONTINUED. MONTANA VENTURE Taylor noted that there is another item under Old Business ZONING that is not on the printed agenda, which is Staff Report KA- RECONSIDERATION 05-11, Montana Venture zoning issue on 55 acres in the area of Rocky Cliff Drive and Highway 93 South, know as Old School Station. Specifically the Chair is asking for a reconsideration of the zoning designation. MOTION Taylor moved and Hinchey seconded to reconsider the recommended zoning designation for the Montana Venture i Partners property south of Kalispell. ROLL CALL 'The motion. passed 6-1 on a roll call vote, with Norton voting an opposition. MOTION Hinchey moved and Taylor seconded that the Kalispell City Planning Board & Zoning Commission change the zoning recommendation for the Old School Station Business Park from B-5 (Industrial -Commercial) to I- I (Light Industrial). BOARD DISCUSSION Hinchey said that he was troubled by the designation recommended at the June 21st meeting and in reviewing the zoning ordinance he feels that there shouldn't be another business district south of Kalispell. Hinchey added that Industrial is the appropriate zoning for the area and the proposed uses of the property are allowed within the I-1 designation. Taylor asked City Manager Patrick who was in the audience to participate in the discussion.. Patrick noted that the developers are very comfortable with the I-1 designation and what they would do is write out the uses through their CCR's. Patrick added that Bond Counsel also felt that Light Industrial zoning would be a more appropriate designation.. Taylor said that the board has to think not only in terms of this development but everything else that could be developed along that corridor. A better beginning is by far an I-1 I designation. Patrick agreed. Wilson said when the developers put together their CCR's they need to understand that the uses in their CCR's are limited to what is in the I-1 zoning and they can't amend the uses in the industrial park simply by including them in the CCR's. The uses can be more restrictive but they can't make I them less restrictive. Patrick said the intent would be to be more restrictive. i Hull asked where this change came from. Wilson said from Kalispell City .Planning Board Minutes of the meeting of July 12, 2005 the board and noted there were some sleepless nights after the last meeting over the recommendation on the zoning and there was some discussion regarding reconsideration of the recommendation before it was transmitted to the city council. Taylor added that he spoke with the City Manager regarding the misgivings of some of the board members and � their interest in reconsidering the recommendation. Norton asked the board, members to explain why they disagreed with the B-5 zoning. Schutt said that he didn't feel 55 acres of highway orientated commercial activity was appropriate for the gateway into Kalispell. The process was moving really fast and by allowing the B-5 zone and not I being part of the process for further review it seemed like a land rush instead of land use planning. Schutt added that it � didn't seem appropriate to have someone request an industrial park and then the board recommends B-5 zoning. Patrick reviewed his discussions with the developers, i industrial and technology tax increment funds, potential tenants, and setting up the tax increment district. ROLL CALL The motion passed unanimously on a roll call vote. NEW BUSINESS: I AMENDMENT TO THE As a result of the change in the expiration of the planning KALISPELL CITY PLANNING board appointments as well as the reorganization of the BOARD BY-LAWS planning office from the Tri-City Planning Office to the Kalispell Planning Department, the Kalispell. City Planning Board and Zoning Commission's By -Laws should be amended to reflect those changes. STAFF REPORT Narda Wilson, with the Kalispell Planning Department i reviewed the amendments to the by-laws for the board. QUESTIONS BY THE There was discussion regarding the need to provide a period BOARD of rebuttal for the public and applicant before the public hearing is closed. The board decided that they should provide the rebuttal period for clarification of items that had already been presented and a time limit should be imposed for each speaker, the length of which would be determined by the Board President. I MOTION Hinchey moved and Schutt seconded to approve the i amendments to the Kalispell City Planning Board By -Laws as I I presented. ROLL CALL I The motion passed unanimously on a roll call vote. ADJOURNMENT I The meeting was adjourned at approximately 10:30 p.m. The L next meeting of the Kalispell City Planning Board and Zoning Kalispell City Planning Board Minutes of the meeting of July 12, 2005 CtWa�N 3.PeWSCTPft4aLFFM PRELIMINARY PLAT Lon OLD SCHOOL STATION. 53NGPAepj�NNAar 16 LOTS, I-2 ZONE APPROX 55.14 ACRES l ER.M ar aouNauEx... COMMON AREA. 4.32 ACRES EeYS AL1A0 `: 3tC LWAUGrE W.]LNING fA]9t WFPTA fjF.y I ban _. acres Lar acres �PR Ea LOTZ 1 �'4'.'.. ... -SOW"it ... ' F.15 acres iba.rR •. i .a �l SITE PLAN 'F. t• me i LQTF4 234 sees `\ I WV5 4.99 aen .�'R.. ]]r Ftnnnfs FA9dNF3ET�- ` \• a!1'aN FANaSwAPoNG Nt-rie Lo raw evez SJ y •`i'''°a 14 L9T1 ' .... . 3 I Lot) 6-� I 1 EP.]1 3 ? i .3aw �5b.ri Nilf NEW G,F. NEW a-f. 3 Nay. O. F. 4.Te a<ees NkW O.F. NFW O.F. .j \ f1•�e.. = S, �S ! P yl al Y s m U :ac 1.: It- _ G- A C4- _ US G_5 w Oil Lo " • s . do ............_.: _ ._. .. .. .... ...... � ........._ .....___- __ n. r` n r < G- 1 0 ( SA - - V . jjj Of co F0'5'S BEND tLu r ec� o Y C-8 _5 t-'tH M_. r r is ' VICINITY MAP SCALE 1" 1700' MONTANA VENTURE PARTNERS, LLC REQUEST FOR ANNEXATION 8c INITIAL ZONING OF I-1 (LIGHT INDUSTRIAL) FROM COUNTY I-1 (LIGHT INDUSTRIAL) DISTRICT ON APPROXIMATELY 55 ACRES PLOT TDA`!,'E 5/24 05 i-t `T 1 7 4.4 'EC 11 HAwis\site\ka05_11.dwg CERTIFICATION APPLICANT: Montana Venture Partners, LLC TCPO FILE NO: KA-05-11 I, the undersigned certify that I did this date mail via First Class mail a copy of the attached notice to the following list of landowners adioinin the property lines of the property that is requesting annexation. c. Date: (--" S-T-R: 33-28-21 Lot/Tracts# Parcel A - COS # 16337 Property Owner/Mail Address: Montana Venture Partners, LLC P.O. Box 1477 Kalispell, MT 59903-1477 Montana Venture Partners, LLC Northwest Investments Peak Development, LLP P.O. Box 1477 Partnership 3 Meridian Court, Ste 3 Kalispell, MT 59901 3 Meridian Court, Ste 3 Kalispell, MT 59901 Kalispell, MT 59901 Richard & Tammy Carpenter P.O. Box 2726 Kalispell, MT 59903-2726 Susan M. Stroia 13636 Dix -Toledo Road Southgate, MI 48195 Quentin & LaDona Vitt 260 Vitt Lane Kalispell, MT 59901 Heritage Operating, P.O. Box 6789 Helena, MT 59604 LP Northern Energy, Inc. P.O. Box 6789 Helena, MT 59604 Ted & Lorraine Sokalowski 225 Snowline Lane Kalispell, MT 59901 John Curry 855 Demersville Road Kalispell, MT 59901 DNRC Burlington Northern Santa Fe 109 Cooperative Way, Ste 110 2500 Lou Menke Drive Kalispell, MT 59901 Fort Worth, TX 76131 Gregg & Debora Hanzel 155 Auction Road Kalispell, MT 59901 Flathead County 800 South Main Kalispell, MT 59901 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(al,ce nturyte. net www.tricityplanning-mt.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information_ NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION June 21, 2005 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 21, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. A request by Montana Venture Partners, Inc. for an initial zoning designation of I-1, Light Industrial upon annexation to the City of Kalispell on approximately 55 acres. The property is located approximately two miles south of Four Corners on the cast side of Demersville Road south of North Foys Bend Lane and north of Rocky Cliff Drive. The developer intends to develop a 16 lot subdivision known as Old School Station. The property can be described as Assessors Tract 2 or Parcel A of Certificate of Survey No. 16337 in Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Dawn Marquardt & GPRR, LLC for an initial zoning designation of B-2, General Business, upon annexation to the City of Kalispell on approximately 1.82 acres. The property is located on the south side of Appleway Drive and west of Meridian Road approximately 300 feet. An application for preliminary plat approval of a six lot commercial subdivision known as Appleway Business Park has been filed concurrently. The property can be described as Assessors Tract 14 located in Section 13, Township 28 North Range 22 West, P.M,M., Flathead County, Montana. 3. A request by Dawn Marquardt & GPRR, LLC for preliminary plat approval of Appleway Business Park, a one lot commercial subdivision containing approximately 1.82 acres. A request for annexation and an initial zoning designation of B-2 has been filed concurrently with this application. The property can be described as Assessor's Tract 14 located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 4. A request by Westwood Partnership for a Planned Unit Development zoning overlay on property zoned RA-1, Low Density Residential Apartment. The PUD will be known as Westwood Park and proposes 34 dwelling units on approximately 8.97 acres. The development consists of five three unit townhouses comprising 15 dwellings, 9 two unit townhouses comprising 18 dwellings and one single family residence. The developers are proposing a reduction in the setbacks in some instances. The property is located at the northern terminus of Corporate Way between Two Mile Drive and Hwy 2 West. A request Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell 9 City of Whitefish • for preliminary plat approval of Westwood Park Subdivision has been filed concurrently with the PUD request. The property can be described as Assessors Tracts 2CK, 2CH and 2CE located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. S. A request by Westwood Partnership for a preliminary plat approval of Westwood Park Subdivision. The subdivision consists of 34 dwelling units on approximately 8.97 acres that would include five three unit townhouses comprising 15 dwellings, 9 two unit townhouses comprising 18 dwellings and one single family residence. A planned unit development has been submitted with the preliminary plat that will show the location of the buildings, elevations and the outline for the phasing of the project to allow some flexibility in the setbacks of the RA-1, Low Density Residential Apartment, zoning district. The property is located at the northern terminus of Corporate Way between Two Mile Drive and HuT 2 West. The property can be described as Assessors Tracts 2CK, 2CH and 2CE located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 6. A request by Charles and Mickey Lapp for preliminary plat approval of Blue Heron Estates Phase 2A. The subdivision consists of the conversion of four single family lots to two unit townhouse lots for a total of 8 townhouse units on approximately 1.018 acres. A conditional use permit to allow the creation of the two unit townhouses in the R-2, Suburban Residential zoning district was previously granted. The property can be described as lots 2, 3, and. 4 of Phase 1 and Lot 26 of Phase 2, Blue Heron Estates Subdivision located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana 7. A request by Maple Grove Plaza, LLC for an initial zoning designation of B-3, Community Business, upon annexation to the City of Kalispell. The property contains approximately 0.482 of an acre and is located at the northeast corner of 8tb Avenue EN and Washington Street. The property can be described as Assessors Tract 30KA located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail at tricitynarda(r centurytellnet for additional information. Sincerely, Narda A. Wilson Senior Planner