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I1. Res. 6020, Ord. 1858, Woodland Qwik Stop Annexation and ZoningCITY OF KALISPELL Development Services Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KA-21-01 — Woodland Qwik Stop Annexation and Initial Zoning Request MEETING DATE: May 3, 2021 BACKGROUND: This matter is regarding a request from Manpreet Singh (Kalispell Properties, LLC) to annex an approximately 0.53-acre parcel located at 81 Woodland Park Drive (Woodland Qwik Stop) into the city limits with an initial zoning designation of B-1 (Neighborhood Business) upon annexation. The property will be annexed under the provisions of Sections 7-2-4601 through 7- 2-4610, M.C.A., Annexation by Petition. The subject property is currently zoned county B-1. The property can be described as Lot B of the Amended Subdivision Plat of a portion of Lot 17, Block 3, Phillips Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on April 13, 2021, to consider the annexation and initial zoning request. Staff presented staff report KA-21-01 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Council that the annexation and initial zoning request be granted. One public comment was received at the public hearing. The hearing was then closed, and a motion was presented to adopt staff report KA-21-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed with an initial zoning of B-1. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 6020, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation Lot B of the Amended Subdivision Plat of a portion of Lot 17, Block 3, Phillips Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1858, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Lot B of the Amended Subdivision Plat of a portion of Lot 17, Block 3, Phillips Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, as City B-1 (Neighborhood Business), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6020 Ordinance 1858 April 13, 2021, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 6020 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS LOT B OF THE AMENDED SUBDIVISION PLAT OF A PORTION OF LOT 17, BLOCK 3, PHILLIPS ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS WOODLAND QWIK STOP ADDITION NO. 451, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell received a petition from Manpreet Singh of Kalispell Properties, LLC, the owner of the above -referenced property, requesting the City of Kalispell annex the territory into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-21-01, dated April 7, 2021; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City B-1, Business, upon annexation into the City of Kalispell; and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property described as Lot B of the Amended Subdivision Plat of a portion of Lot 17, Block 3, Phillips Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF MAY, 2021. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1858 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOT B OF THE AMENDED SUBDIVISION PLAT OF A PORTION OF LOT 17, BLOCK 3, PHILLIPS ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY B- 1) TO CITY B-1 (NEIGHBORHOOD BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Manpreet Singh of Kalispell Properties, 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 be zoned B-1 on approximately 0.53 acres of land; and WHEREAS, the property is located at 81 Woodland Park Drive; and WHEREAS, Manpreet Singh's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-21-01, dated April 7, 2021, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Business, the City Council finds such initial zoning to be 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 findings of fact of KPD as set forth in Staff Report No. KA-21-01. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as B-1, Neighborhood Business, on approximately 0.53 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 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 17TH DAY OF MAY, 2021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 13, 2021 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffinan, Rory Young, Joshua Borgardt, George Giavasis and Kurt Vomfell. Ronalee Skees was absent. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Giavasis seconded a motion to approve the minutes of the March 9, 2021 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KCU-21-02 — PATRICK JENTZ A request from Patrick Jentz for a conditional use permit to allow a CUP second single-family structure on a lot within an RA-1 (Residential Apartment) zone. The property contains an existing single-family home towards the front of the lot with the proposed second home to be placed towards the alley. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-21-02. Staff recommends that the Kalispell Planning Board adopt staff report #KCU-21-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None PUBLIC HEARING Vince Matzke — 480 1st Ave EN — feels the lot is too small and concerned with increased traffic. Patrick Jentz — 469 1st Ave EN — applicant, offered to answer any questions. MOTION Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Vomfell feels the requirements have been met and is in favor of approval. Graham sees no reason to not approve since it is a permitted use in this zone through the CUP process. ROLL CALL Motion passed unanimously on a roll call vote. KA-21-01— WOODLAND A request from Manpreet Singh (Kalispell Properties, LLC) for annexation and QWIKSTOP ANNEXATION initial zoning of B-1 (Neighborhood Business) for property located at 81 Kalispell City Planning Board Minutes of the meeting of April 13, 2021 Pagel Woodland Park Drive (Woodland Quick Stop), containing approximately 0.53 acres. The request is based on a desire to connect to city sanitary sewer service. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-21-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-1 (Neighborhood Business). BOARD DISCUSSION Graham inquired about the sale of bread to feed the ducks at Woodland Park and if that would change if the property were annexed into the city. Sorensen advised that this annexation would have no control over whether the store sells bread or not, however he did point out that there is a city ordinance against feeding the ducks but that is not the responsibility of the store owner to monitor. PUBLIC HEARING Kathy Bradley — 538 Linwood Lane— representative for homeowners in the Phillips Addition subdivision — asked about how this annexation may affect this subdivision. Wade Lindsay — 1500 Memory lane — representative for applicant — offered to answer any questions. MOTION Vomfell moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-1 (Neighborhood Business). BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. KZTA-21-01 — DOWNTOWN A request by the City of Kalispell Planning Department on behalf of the HISTORIC DISTRICT Downtown Business Improvement District for a text amendment to the Kalispell Zoning Ordinance for the creation of a Downtown Historic District Overlay and the addition of the Downtown Historic District Design Standards. The Business Improvement District received a grant from the Montana Department of Commerce Main Street Program in 2020 to establish historic design standards as part of an effort to implement the goals of the Downtown Plan and Growth Policy. Staff, in conjunction with consultant A&E Architects, has drafted the proposal. STAFF REPORT Rachell Ezell representing the Kalispell Planning Department reviewed Staff Report # KZTA-21-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZTA-21-01 and recommend to the Kalispell City Council that the proposed amendments be adopted as provided in the staff report. BOARD DISCUSSION Graham asked if this would affect affordable housing in the area. Ezell advised it may or may not and pointed out that these standards are strictly in the main street historic district. Kalispell City Planning Board Minutes of the meeting of April 13, 2021 Page 12 PUBLIC HEARING None MOTION Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZTA-21- 01 and recommend to the Kalispell City Council that the proposed amendments be adopted as provided in the staff report. BOARD DISCUSSION Giavasis pointed out a few typos in the building materials and color section. He also noted his concern for murals not being located on front facing side corner facades. He suggested possibly changing that to no more than 15% of one of those facades. MOTION — AMEND SECTION 4 Giavasis moved and Kauffman seconded a motion to amend section 4, subpoint b of 27.21A.040 to say wall murals shall not be located on more than 15% of the front fagade or the side facing fagade of a side corner lot and shall not cover, destroy, or materially alter a historically significant architectural element (Section 27.21A.040(2)(c)(5)) of the building or an existing ghost sign. BOARD DISCUSSION None ROLL CALL — ORIGINAL Motion passed unanimously on a roll call vote. MOTION ROLL CALL - AMENDED Motion failed unanimously on a roll call vote. MOTION OLD BUSINESS Nygren updated the board on the status of the Kalispell Parkline Trail. NEW BUSINESS Nygren updated the board on the upcoming May Work Session. ADJOURNMENT The meeting adjourned at approximately 7:08pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of April 13, 2021 Page13 WOODLAND QWIKSTOP ANNEXATION ANNEXATION AND INITIAL ZONING OF B-1 UPON ANNEXATION STAFF REPORT #KA-21-01 KALISPELL PLANNING DEPARTMENT APRIL 7, 2021 This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a request from Manpreet Singh (Kalispell Properties, LLC) to annex an approximately 0.53-acre parcel located at 81 Woodland Park Drive into the city limits with an initial zoning designation of B-1 (Neighborhood Business) upon annexation. A public hearing has been scheduled before the Planning Board for April 13, 2021, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The subject property is currently within the county and zoned county B-1. The Woodland Qwik Stop gas station and convenience store is located on the property, which is across from Woodland Park. The request is based on a desire to connect to city sanitary sewer service. 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. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 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. A. Petitioner / Owner: Manpreet Singh (Kalispell Properties, LLC) PO Box 776 Spokane Valley, WA 99016 B. Location and Legal Description of Properties: The property is located at 81 Woodland Park Drive and can be described as Lot B of the Amended Subdivision Plat of a portion of Lot 17, Block 3, Phillips Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. F=- C. Existing Land Use and Zoning: The Woodland Qwik Stop gas station and convenience store is located on the property. The zoning of the area to be annexed is county B-1 (Neighborhood/Professional Business). The county B-1 Zoning District is intended to provide limited retail sales and service functions to the surrounding neighborhood and serve as a buffer, similarly to the requested City zone outlined below. D. Proposed Zoning: The proposed zoning is city B-1 (Neighborhood Business). The Kalispell Zoning Regulations state that the intent of the B-1 zoning district is a "business district intended to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district would typically serve as a buffer between residential areas and other commercial districts. Development scale and pedestrian orientation are important elements of this district. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations to accommodate large-scale commercial operations. This zoning district would typically be found in areas designated as neighborhood commercial or urban mixed use on the Kalispell Growth Policy Future Land Use Map." Limited retail not to exceed 4000 square feet is permitted in the zone (the existing building is about 2618 square feet per the CAMA report). Auto service stations are allowed with a conditional use permit in the B-1 zone, although one would not be required upon annexation. Kalispell Zoning Exhibit • March 18th, 2021 p rH 81 WoodJand Park Dr. Lot B YI!•Y Co u is 11, $HApYGI,EHQR P-I Subject LAN° EIIIIIIIIIIIIII Properly ['c�arrlrr P 1 S�,tq-, R-3 Rnu 1AP-1 - General e � � �CrnA a6usa�is RyWn'.y puuc DWr Mv. iW 2021 Kalispell PWnn ft Uttlt. Rk,-.th: JW IMI rMI KALISPELL O.. E. Size: The subject property is approximately 0.53 acres. F. Adjacent Zoning: North: County B-1/City B-1 East: County R-5 West: City P-1 South: City RA- 1/B-1 and County R-2 G. Adjacent Land Uses: North: Auto repair, bar, office, retail East: Single-family West: City park South: Retail and residential 0 H. General Land Use Character: The general land use of the area is a mix of commercial and office use along Woodland Park Drive and 2nd Street East/Conrad Drive with residential to the east and south. The predominant use in the area is Woodland Park, lying across the street to the west of the subject property. I. Utilities and Public Services: The primary motivation for this annexation is access to city sanitary sewer service. Water and sewer service are available in the immediate vicinity. Any extensions necessary to provide service will need to be designed and installed by the property owner subject to review and approval by the Kalispell Public Works Department under the City of Kalispell Standards for Design and Construction. Sewer: City of Kalispell upon annexation Water: City of Kalispell upon annexation Refuse: City of Kalispell upon annexation Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Hedges Elementary/Flathead High School Fire: South Kalispell Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation 3 L ANNEXATION EVALUATION Compliance with the growth polices Two primary means for managing growth in the City of Kalispell are redevelopment/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 9, Public Infrastructure and Services, includes a goal to "make public water and sewer available to areas that are in close proximity to services," and annexation allows for such extensions to happen. In addition, 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 annexation. The property proposed for annexation falls inside the city's direct annexation boundary. 2. Municipal Services: The City of Kalispell has an extension of services plan that details how services would be extended to the annexed property. Both sanitary sewer and water service are available within the right-of-way adjacent to the property. Any extensions necessary to provide service will need to be designed and installed by the property owner subject to review and approval by the Kalispell Public Works Department under the City of Kalispell Standards for Design and Construction. The site is currently protected by the South Kalispell Rural 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 Police and Fire Departments. The site lies approximately 0.7 miles from Fire Station 61 and is readily serviceable by the city fire, police, and ambulance services. Given the level of existing services available to the property, annexation will not overburden the municipal services in place. 3. Distance from current ci . limits: The subject property is immediately adjacent to the existing city limits line. 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. il The cost to serve the land proposed for annexation is shown in the attached cost of service analysis — Initial Annexation. 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 property currently contains a convenience store and gas station, with the presumption that a connection to city sanitary service will occur shortly after annexation. The impact fee calculation is an estimate based on current information, and may increase or decrease based on the final plans. The total cost of services is estimated to be $990 per year. Based on the city's taxation and assessment policies, the property will generate approximately $2,186 per year in total annual revenue to the city ($1,052 in assessments and $1,133 in taxes). Based on this analysis, the annexation will be a net gain to the city of $1,196 pending development of the site. II. INITIAL ZONING AND ZONE CHANGE 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 B-1 (Neighborhood/Professional Business). The applicants are requesting city B-1 (Neighborhood Business). The Kalispell Zoning Regulations state that the intent of the B-1 zoning district is a "business district intended to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district would typically serve as a buffer between residential areas and other commercial districts. Development scale and pedestrian orientation are important elements of this district. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations to accommodate large-scale commercial operations. This zoning district would typically be found in areas designated as neighborhood commercial or urban mixed use on the Kalispell Growth Policy Future Land Use Map." Limited retail not to exceed 4000 square feet is permitted in the zone (the existing building is about 2618 square feet per the CAMA report). Auto service stations are allowed with a conditional use permit in the B-1 zone, although one would not be required upon annexation. When a developed property is annexed into the city, it should generally be given a zoning designation that substantially matches the county zoning if possible. In this instance, the county B-1 and city B-1 districts are similar and the city B-1 is supported by the growth policy and other criteria as outlined below. 5 I 2 3 Does the requested zone comply with the growth polio - Kalispell Growth Policy Exhibit - March 18th, 2021 NORTH 81 Woodland Park Dr, Lot B 9ub1� Property �GD—Nal omme jai - Hlph Den.ly Residential Urban Residential P°al` Public � Industrial SFVS�Y GLEN DR N WOOplgNp SRN RO Z5 0 0 LENYYOOD LN v W 0 Subject a Public Pro erty NRA'] 7Q w � 3 Urban High Residential ❑e sity Res. 0 MAN ❑R ,q N 6V ''''T Dare near. tm,,2o2t KWlispell Planning Dept KALISPELL �" The Kalispell Growth Policy Future Land Use Map designates the subject property as Commercial. The commercial designation would support a variety of business zones. In this particular location, between Woodland Park and residential areas to the east and south, the B-I zoning district, which is designed as a lower intensity buffer district, would be more appropriate than a general business zone. The growth policy (Chapter 4B, Business and Industry) anticipates general business zones to be located primarily along major arterials, whereas the neighborhood business designation allows for neighborhood scale businesses to be located in a manner that provides convenient goods and services that address the daily needs of the immediate neighborhood. Will the requested zone have an effect on motorized and non -motorized transportation systems? On one side of the property is an existing city street which primarily serves commercial and office uses as well as Woodland Park. The other side fronts on a county road which leads to primarily residential uses. Since the property is already developed as its intended use, the impact on the transportation systems will remain essentially the same and the proposed zone will not have a significant negative impact on the transportation systems. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police/fire protection, solid waste collection, water service and sewer service will be available upon annexation. on 4. Will the requested zone promote the public health, safety and general welfare? The general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses. In this case, the requested zoning classification of 13-1 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for any additional development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property. 7. Will the requested zone promote compatible urban growth? The requested B-1 Zoning District is the same zoning as the properties fronting Woodland Park Drive. In addition, it is the current county zoning for the property. The zoning is consistent with the type of growth projected for this area in the Growth Policy. The proposed district maintains and is compatible with the established land use pattern in this area. 8. Does the requested zone give consideration to the character of the district and its particular suitabili . for particular uses? The proposed B-1 Zoning District is consistent with the surrounding commercial and office development of the area, as well as the residential uses. It also gives due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the B-1 Zoning District will promote compatible and like uses on this property as are found on other properties in the area. Future development on the property will be reviewed for compliance with the dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhood. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale residential development should be encouraged in areas where services and facilities are available. In this case, water and sanitary sewer are located within the public right-of-way adjacent to the property. The proposed zoning is consistent with the growth 7 policy future land use designation and is compatible with current zoning in the immediate area. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-1 (Neighborhood Business). Development Services c:lIr 7 Department IKAILI[SPEILIL 201 15t Avenue East Kalispell, MT 59901 Phone (406) 75$-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: planningCa)kalispell.com Website: www.kalispeil.com Project Name 9), 'V%P0'0ZA"v/-2 / ',,i�lG Prgperty Address r.pv'/Y�n� NAME OF APPLICANT � � AppI17t Ph�e Ami icant Address [ t y 5tate, Ziip/ pvx Applicant Email Address /C M 5 If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application, OWNER OF RECORD Owner Phone Own Addre s City, tate, Zip Owner mail Address CONSULTANT (ARCH ITECTIENGINEER) l9ceey 64161VC, Phone I 9-0— 3111- 59 Address FS' 041- AI L. Ipz City, State, Zip 7- / Email Address POINT OF CONTACT FOR REVIEW COMMENTS &Vt; 46A1,6!i4Y Phone Address ( e Crity, SSttat`e, Zi �^ ! �G'T �� / Email Address / l �5i� List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): f# fb'CJ u ,+� p cL LcL-aLi6, o r ON 1 C'I PS To 14prclLo(i (,see - Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. Development Services [.1,1'Y Department KA L I S P ELL 201 Ist Avenue East Kalispell, MT 59401 Phone (406) 758.7940 1. Land In project (acres) 2. Current estimated market value 5-2 O Fj pQ Estimated market value of proposed development at 50% build out Estimated market value of proposed development at 100% build out $ 3. Is there a Rural Fire Dept RSID or Bond on this property? nYES n NO If yes, remaining balance is 4. Present zoning of property 10 5. Proposed zoning of property Ifl 6. State the changed or changing conditions that make the annexation necessary: 1450 K i NC- fC, C 1,T Y �o C- is r( HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wl answers): a. Promoting the Growth Policy b. Lessening congestion in the streets and providing safe access c. Promoting safety from fire, panic and other dangers d. Promoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities h. Giving reasonabie consideration to the character of the district i. Giving consideration to the peculiar suitability of the property for particular uses j. Protecting and conserving the value of buildings k. Encouraging the most appropriate use of land by assuring orderly growth I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Date 1K_'tk1L1SP1E1L1L APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. Completed Petition to Annex and Notice to Withdrawl from the Rural Fire District form (attached), including an Exhibit A, legal description of the property. 3. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. *Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 4. Electronic copy of the application materials submitted. Either copied onto a disk or emaiied to planning@kalispell.com (Please note the maximum file size to email is 20MB) 5. Application fee based on the schedule below, made payable to the City of Kalispell: Annexation $250 (includes initial zoning) plus $100 per acre Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (4061758-7940 Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein ,express .an intent to have the property as herein described withdrawn from theJQL�J� k&W4/ r+JLRural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated;ted; 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 froin providing solid waste services to this property for a minimum of 5 years from date of annexation. H."', - - lv� -T, i 0 Petitioner/Owner date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this Lday ofbefore me, the undersigned, a Notary P blic for the State of Montana, personally appeared T �/N 1 f Ill 4 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 affi d my Notary Seal the day and P R44gj- D€REK P MARTIN ��-K o �oYn,q< NOTARY PUBLIC for the SEA! ` State of Montana Residing at Kalispell, Montana �9TEaFM� 11 My Commission Expires June 2, 2g24 ss County of Flathead County Ewzr��- Notary Public, State of Montana Printed Name D&CArk /yJ, C77AJ Residing at �lr! 6 pArj-4 My Commission expires: j tj UC 2.6 7_ l On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared 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, State of Montana Printed Name Residing at My Commission expires: I Illlllii II II I III IIIII IIIII Illff Illii IIIII IIIII IIIII Illfl IIIII IIIII IIIII IIII II I III Ili IIII Page: 10of 2 17 ees 14.00 Debbie Pierson, Flathead County MT by AC 12/16202U :15 PM r-1 00 N 0 O El AND WHEN RECORDED MAIL TO: Kalispell Properties, LLC, a Montana limited liability company 81 Woodland Park Dr. Kalispell, MT 59901 Fled for Record at Request of: Space Above This Line for Recorder's Use Only .. Insured Titles Order No,: 927162-FT WARRANTY DEED FOR VALUE RECEIVED, Scott E. Curry hereinafter called Grantor(s), do(es) hereby grant, bargain, sell and convey unto Kalispell Properties, LLC, a Montana limited liability company whose address is: 81 Woodland Park Dr., Kalispell, MT 59901 Hereinafter called the Grantee, the following described premises situated in Flathead County, Montana, to -wit: LOT B OF THE AMENDED SUBDIVISION PLAT OF A PORTION OF LOT 17, BLOCK 3, PHILLIPS ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. SUBJECT TO covenants, conditions, restrictions, provisions, easements and encumbrances apparent or of record. TO HAVE AND TO HOLD the said premises, with its appurtenances unto the said Grantees and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated, December �`, 2020 Scott E. Curry Page 1 of 2 IIIIIIIIII[IIIII[[il[IIIIIIIII[II[IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII[III P2021100424 agea2 of 2 17 Fees: $14.00 12/16/2020 3:15 PM STATE OF Montana ) 55, COUNTY OF Flathead 1 This instrument was acknowledged before me on December 1 by Scott E. Curry. TANYA JACKSON �A �aC NOTARY PUBLIC for the * SEAL * State of Montana Residing at Kalispell, Montana OF MO 4�7 My Commission Expires December 15, 2022 Notary Pubii r he State of Montana Residing at; K6U►s 11 My Commission Expirfas: l �11-/ - Page 2 of 2 n t d� -9- -51F m A sY NE W9 qnA Fig v 5 -. il p -.E I ti OZ IZ Lw 9 CL C) LL cquo 04 p_- cc 0 CL <z 11 01 1, 11 10-W 101 FL-waT 14,00* 100.00. J"E Z WOODLAND -PARK DRIVE Ls E N89936'09"E Ai, FY 150.00, LOT. 0.324 •3B'09"W m 0 .40UMARY vag-oo'lo" W lR1! o f, LOT B O 4vl 0.531 ACRES fD 4 O 1k89.OB'10"W I ; W T O O A 46 ° ti 49.92' �1 N89.21'32"E o° °o h�, o a to in m 149.9 _{ 30' �h7 1�C ❑� i ExiSTuvG 9ukDu�lG, I 1 tea. � ,*�,� 6'a7 ACHEri b t�l y o �o �a a fM so.00, 199.88, VR#LSE ESTIMATED COST OF SERVICES ANALYSIS (Initial Annexation) Project Name: Woodland Qwik Stop Annexation Date 4/28/2021 Calculated By: Kalispell Planning Department Number of acres proposed to be annexed: Number of commercial lots to be annexed: Average square foot per lot: Estimated market value of properties to be annexed: 0.53 1 23,087 $520,000 1. COST OF SERVICES UNDEVELOPED ACRES DEVELOPED ACREE COST/ACRE TOTAL Fire (budget $2,923,815) 0 0.53 ($107.37) ($56.91) Police (budget $4,890,061 0 0.53 $173.33 $91.86 General Gov't Services (budget $4,991,138 0 0.53 $167.50 $88.78 Subtotal $237.55 SERVICE NO. OF UNITS COST/UNIT TOTAL Roads Lineal feet of road to be maintained 0.00 $5.05 $0.00 Water (based on number of ERUs) 0.00 ($185.51) $0.00 Sewer based on number of ERUs 1.90 $168.51 20.17 Wastewater Treatment (based on number of ERUs) 1.90 ($227.38) 32.02) Stormwater 0.00 $67.97 $0.00 Subtotal ($752.19) TOTAL ANTICIPATED COST OF SERVICE _ ($989.74) 2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED Totalsquare foot to be annexed: 23,087 Number of lots: 1 ASSESSMENT AVE SQ FT ASSESSMENT TOTAL Storm sewer assessment ($214.18 maximum over 112 acre): 23,087 0.009834 $ 214.18 Street maintenance assessment $387 maximum over 112 acre): 23,087 0.017776 $ 387.00 Urban forestry assessment (capped at $413 per parcel): 23,087 0.0047025 $ 413.00 Light maintenance assessment: 23,087 0.00165 $ 38.09 Average annual water and sewer usage charge $ - TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = $ 1,052.27 3. TAX REVENUE Assessed value per property: $ 520,000.00 NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 1 $ 520,000.00 $ 520,000.00 TAXABLE MARKET VALUE REAL ESTATE TAX ASSESSED VALUE Total taxable value: $ 520,000.00 0.013 $ 6,760.00 MILLS LEVIED TOTAL Total tax revenue based on 800 mill levy: 0.8 $ 5,408.00 TOTAL CITY TAX REVENUE (based on 193.3 mill levy) _ $1,133.31 4. I M PACT FEES UNIT QUANTITY COST PER UNIT Total Sewer Impact Fee: ERU 1.9 xxx $5,470.00 Total Water Impact Fee: ERU 0 $ 6,418.00 $0.00 Total Storm Impact Fee: ERU 0 $ 1,121.00 $0.00 Total Police Impact Fee: Comm. Sq. Footage 0 $ 16.000 $0.00 Total Fire Impact Fee: Comm. Sq. Footage 0 $ 350.00 $0.00 Total Project Impact Fee = $5,470.00 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $2,185.58 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $5,470.00 7. ANTICIPATED COST OF SERVICE (ITEM 1) ($989.74) 8. NET (COST) or REVENUE TO THE CITY PER YEAR (ITEM 2 AND 3 - ITEM 1) $1,195.85