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Edge Annexation and Zoning Staff ReportCITY OF KALISPELL Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KA-20-05 - Edge Annexation and Initial Zoning Request MEETING DATE: February 1, 2021 BACKGROUND: This matter is a request from Layne Massie to annex an approximately 2.04-acre parcel located at 2015 and 2105 Third Avenue East into the city limits with an initial zoning designation of B-2 (General 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 within the county and zoned county B-2. It is currently vacant. The property can be described as Assessors Tracts 8OBA, 8CA and 80AA in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on January 12, 2021, to consider the annexation and initial zoning request. Staff presented staff report KA-20-05 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Council that the annexation and initial zoning request be granted. Several public comments were submitted at the hearing relating primarily to the eventual development of the property. The public hearing was closed, and a motion was presented to adopt staff report KA-20-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed with an initial zoning of B-2. 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 6013, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation Assessors Tracts 80BA, 8CA and 80AA in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1854, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Assessors Tracts 8OBA, 8CA and 80AA in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, as City B-2 (General 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 6013 Ordinance 1854 January 12, 2021, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 6013 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 ASSESSOR'S TRACTS 80BA, 8CA AND 80AA IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS EDGE ADDITION NO. 450, 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 Layne Massie, 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-20-05, dated January 6, 2021; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City B-2, 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 Assessors Tracts 8OBA, 8CA and 80AA in the northeast quarter of the northwest quarter of Section 20, Township 28 North, Range 21 West, Kalispell, 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 1 ST DAY OF FEBRUARY, 2021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows to wit: Commencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 20; thence North 0°03' West, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter, 116.6 feet to the Northeast corner of that certain tract of land as described in Book 481, Page 980 of the official records of Flathead County, Montana and the True Point of Beginning of the tract of land being described; thence West and along the Northerly boundary line of said tract in Book 481, Page 980, 646.5 feet to a point onthe Easterly boundary line of the original U.S. Highway No. 93; thence North 14°54' West, and along said Easterly boundary line of U.S. No. 93, 127.9 feet to the Southwest corner of that property as described in Book 430, Page 849 of said Flathead County records; thence North 76°39' East, and along the Southerly boundary line of the property just mentioned, 142.4 feet to the Southeast corner thereof; thence North 13'21' West, and along the Easterly boundary line of said tract, 80.0 feet to a point on the Southerly boundary line of that certain tract of land in Book 274, Page 442; thence North 76'39' East, 174.3 feet to a point; thence South 0'03' East, 185.1 feet to a point; thence East and parallel to the Southerly boundary line of the property being described, 389.5 feet to a point on the Easterly boundary line of said NEl/4 NW 1/4 of Section 20; thence South 0°03' East, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter, 89.4 feet to the True Point of Beginning. ORDINANCE NO. 1854 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 ASSESSOR'S TRACTS 80BA, 8CA AND 80AA IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY B-2) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Layne Massie, 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-2 on approximately 2.04 acres of land; and WHEREAS, the property is located at 2015 and 2105 Third Avenue East; and WHEREAS, Layne Massie's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-20-05, dated January 6, 2021, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General 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-20-05. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as B-2, General Business, on approximately 2.04 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 DAY OF 52021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING January 12, 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 Kauffman, Rory Young and Joshua Borgardt. Ronalee Skees attended via Zoom. George Giavasis and Kurt Vomfell were absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. MOTION TO DEFER AGENDA Young moved and Graham seconded a motion to defer file #KA-20-04, ITEM #3 #KPUD-20-03 and #KPP-20-05 to a future planning board. The applicant, Four Mile Farmstead, LLC is making changes to the design and needs more time to properly present the project to the Planning Board. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. APPROVAL OF MINUTES Young moved and Kauffman seconded a motion to approve the minutes of the December 15, 2020 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. BOARD MEMBER SEATED Doug Kauffman recused himself from KA-20-05, he is a representative for the applicant. KA-20-05 — EDGE ANNEXATION A request from Layne Massie for annexation and initial zoning of B-2 (General Business) for property located at 2015 and 2105 Third Avenue East, containing approximately 2.04 acres. The request is in anticipation of a multi -family development that would require city services. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-20-05. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-05 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-2 (General Business). BOARD DISCUSSION None PUBLIC HEARING Michael Zattosky — 2102 5t1i Ave E — concerned that his property will become a walkway for future tenants if a fence is not put up. Carol Thill — 2141 31d Ave E — spoke about new tenants possibly coming in and having concerns about the dog noise at her doggy day care. Would like to see a sound wall between her property and the subject property. Dyanna Goldizen — 2075 31d Ave E — concerned with additional traffic. Kalispell City Planning Board Minutes of the meeting of January 12, 2021 Pagel MOTION Young moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-05 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-2 (General Business). BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Doug Kauffman re -seated. KPP-20-06 — BLOOMSTONE A request from Kalispell National Investment Co., LLC for major PHASES 3-6 preliminary plat approval for Phases 3-6 of the Bloomstone subdivision, with a total of 57 lots on approximately 33.73 acres of land. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KPP-20-06. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-20-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bloomstone Phases 3-6be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed phasing plan, road extensions and how the sound wall would be phased into the project. PUBLIC HEARING None MOTION Kauffman moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-20-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bloomstone Phases 3-6 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the ADU text amendments and the transportation plan. NEW BUSINESS Nygren updated the board on the February 9t1i agenda ADJOURNMENT The meeting adjourned at approximately 6:45pm. Chad Graham Kari Barnhart Kalispell City Planning Board Minutes of the meeting of January 12, 2021 Page 12 President APPROVED as submitted/amended: Recording Secretary Kalispell City Planning Board Minutes of the meeting of January 12, 2021 Page13 EDGE ANNEXATION ANNEXATION AND INITIAL ZONING OF B-2 UPON ANNEXATION STAFF REPORT #KA-20-05 KALISPELL PLANNING DEPARTMENT JANUARY 6, 2021 This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a request from Layne Massie to annex an approximately 2.04-acre parcel located at 2015 and 2105 Third Avenue East into the city limits with an initial zoning designation of B-2 (General Business) upon annexation. A public hearing has been scheduled before the Planning Board for January 12, 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-2. It is currently vacant. The annexation request is in anticipation of a multi -family residential development that will require city services. 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: Layne Massie 55 Hunter Circle Kalispell, MT 59901 B. Location and Legal Description of Properties: The property is located at 2015 and 2105 Third Avenue East and can be described as Assessors Tracts 80BA, 8CA and 80AA in the NE1/4 of the NW1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The subject property is currently vacant. The zoning of the area to be annexed is county B-2 (General Business). The county B-2 Zoning District is intended to provide retail sales and service functions, similarly to the requested City zone outlined below. D. Proposed Zoning: The proposed zoning is city B-2 (General Business). The Kalispell Zoning Regulations state that the intent of the B-2 zoning district is a district "which provides for a variety of sales and service establishments to serve both the residents of the area and the traveling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would typically be found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use Map." Multi -family residential development is allowed in the district with a conditional use permit. - Kalispell Zoning Exhibit - December 10th, 2020 NORTH 2O15 & 2105 3rd Ave East 0 s Nq PmPenr Zoning Commemwi — 61i>:Lri'N�9 w Hngmamotln RA-1 — - ugtt a Hmq Rlm.sr.l m - H.M, Care ReNOentlatlPmNe ..al once ReNOentlal Y 16TH 5 E � Two Family R.I:Mal . - IAultl4amtlal _ panel Rntlal al RPaMerrt, ]R� -eslOe Fu. c C tiO4 F �H 5ubjec Pioplerty s B-2 P-7 �6LY Rp B-J J f Dom; p—y- IOpt 2DM FilePa#, dti202[Al2lC&d Kali spell Panningo. KALISPELL Feet H. General Land Use Character: E. Size: The subject property is approximately 2.04 acres. F. Adjacent Zoning: North: County B-2 East: County B-2/R-2 West: City B-2 South: City B-2B-5 G. Adjacent Land Uses: North: Sign contractor; auto repair; office; single- family East: Single-family West: City park; retail South: Retail; dog day-care The general land use of the area is primarily commercial and office along its frontage on Third Avenue East, along with a city park across the street. There are a couple single-family I. residences as well. The east edge of the property is split off from the main part of the subject property and contains a deep cut with a slough, creating a natural break from the county residential area located to the east. Utilities and Public Services: The primary motivation for this annexation is access to city services for a potential multi- family development. Water and sewer service are available in the Third Avenue East right- of-way adjacent to the property. 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 — Elrod Elementary/Flathead High School Fire: South Kalispell Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation 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 is available within the right-of-way adjacent to the property and no main extensions would be required to serve the property. 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 1.2 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. 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 is currently vacant, although it is anticipated that it will be developed as a multi -family residential complex. There is no design submitted at this point, although a conditional use permit will be required for the proposed use. As undeveloped land, the total cost of services is estimated to be $0 per year. Based on the city's taxation and assessment policies, the property will generate approximately $2,196 per year in total annual revenue to the city ($1,063 in assessments and $1,133 in taxes). Based on this E II. analysis, the annexation will be a net gain to the city of $2,196 pending development of the site. INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON STATUTORY fRITFRIA 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-2 (General Business). The applicants are requesting city B-2 (General Business). The Kalispell Zoning Regulations state that the intent of the B-2 zoning zone is a district "which provides for a variety of sales and service establishments to serve both the residents of the area and the traveling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would typically be found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use Map." Multi -family residential development is allowed in the district with a conditional use permit. Kalispell Growth Policy Exhibit - December 10th, 2020 NORTH 2016 & 2106 3rd Ave East ® Subject Property Commercial w Heighborhhod Gommemial S - IrWusbial Urban M—d use 4 - High Density Residential Urban Residential. a Suburban Residential C*Aiport-Go fU Publi JGuasi Pudic Openspace Urban Residential - FIDodway (0 VSNr Subject Property 1E 1y ,L+yS city Airport Commercial industrial c s S 01, Public Date: Deceber - Ch, 2CuC Kalispell Planning Dept. FilePath: Ji20 2M12103rd KALISPELL 1. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Commercial. The rear of the property contains a deep cut and slough with a narrow, steep bank on the opposite side. The bottom of the slough and the opposite bank are designated Urban Residential. As mentioned above, the B-2 Zoning District would typically be found in areas designated as Commercial on the Kalispell Growth Policy Future Land Use Map. Urban residential would typically be R-3 (Residential), R-4 (Residential) or RA-1 (Residential Apartment). Generally, the City does not create lots with split zoning. Given that and the relatively unbuildable area with the slough and bank, zoning the entire property as B-2 is appropriate as the site constraints would create a natural break between the residential area and the commercial area. R 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The property fronts on an existing city street which primarily serves commercial and office uses. It would be anticipated that a similar use would access the street from this property. When the site develops, the specific impact of the eventual use will be considered. The proposed zone will not have a significant negative impact on the transportation systems. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. 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. 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 B-2 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 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-2 Zoning District is the same zoning as the surrounding city properties as well as the current county zoning, which is also B-2 for the entire 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-2 Zoning District is consistent with the surrounding commercial and office development of the area along the property's frontage and to the west. 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. M 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the B-2 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 and located within the public right-of-way adjacent to the property. The proposed zoning is consistent with the growth 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-20-05 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-2 (General Business). 7 ESTIMATED COST OF SERVICES ANALYSIS (Initial Annexation) Project Name: Edge Annexation Date 1 /26/2021 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: 2.04 3 29,620 $385,000 1. COST OF SERVICES UNDEVELOPED ACRES DEVELOPED ACREc COST/ACRE TOTAL Fire (budget $2,923,815 2 0.00 $107.37 $0.00 Police (budget $4,890,061 2 0.00 $173.33 $0.00 General Gov't Services (budget $4,991,138) 2 0.00 $167.50 $0.00 Subtotal $0.00 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) 0.00 ($168.51) $0.00 Wastewater Treatment (based on number of ERUs) 0.00 ($227.38) $0.00 Stormwater 0.00 ($67.97) $0.00 Subtotal $0.00 TOTAL ANTICIPATED COST OF SERVICE = 0.00 2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED Total square foot to be annexed: 88,862 Number of lots: 3 ASSESSMENT AVE SQ FT ASSESSMENT TOTAL Storm sewer assessment $214.18 maximum over 1/2 acre): 29,621 0.009834 $ 214.18 Street maintenance assessment $387 maximum over 1/2 acre): 29,621 0.017776 $ 387.00 Urban forestry assessment (capped at $413 per parcel): 29,621 0.0047025 $ 413.00 Light maintenance assessment: 29,621 0.00165 $ 48.87 Average annual water and sewer usage chare $ - TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = 1,063.05 3. TAX REVENUE Assessed value per property: $ 385,000.00 NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 1 $ 385,000.00 $ 385,000.00 VALUE REAL ESTATE TAX VALUE Total taxable value: $ 385,000.00 0.013 $ 5,005.30 MILLS LEVIED TOTAL Total tax revenue based on 800 mill levy: 0.8 $ 4,004.00 TOTAL CITY TAX REVENUE (based on 193.3 mill levy) = 1,133.31 PACTFEES UNIT QUANTITY COST PER UNIT Iota I bewer Impact Fee: ERU 0 5,757.00 $0.00 o a I Water Impact Fee: ERU 0 $ 6,418.00 0.00 otal 5torm Impact Fee: ERU 0 1,121.00 0.00 Total o ice Impact Fee: Comm. Sq. Footage 0 $ 16.000 0.00 o a ire mpacFee: Comm. Sq. Footage 0 350.00 0.00 Total Project Impact Fee $0.00 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $2,196.36 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) 0.00 7. ANTICIPATED COST OF SERVICE (ITEM 1) 0.00 or 2,196.36 tiF ra� ` I S K21 PERTY +4 1 a. 111ao �"WATER MA Li �c jr y. _di t_ t - Kalispell Mailing List - Dec. 10th, 2020 NORTH 2O15 & 2105 3rd Ave East IN \\1 0 ® Subject Property ® ?, Mailing List Parcels Stillwater en Al Park Fsfl\Cbm1uuhityj�-aps Contributors, Esri, HERE, Garfin, Gra��i\I;fVC1RE��E T17NASA—CJSGS—B au�f�Ialrrd @n ,q m t—FP , NPS, US Census Lreau, USDA Date: 11-10-2020 Q,,oF Kalispell Planning Dept. RePath: J/2020/1210-3rd KALISPELL 0 375 750 Feet ag J'& Kalispell Growth Policy Exhibit - December 10th, 2020 NORTH 2O15 & 2105 3rd Ave East ® Subject Property Commercial =. w .HWOOD Neighborhhod Commercial L, ? w Industrial a 00 Urban Mixed Use ZO High Density Residential Urban Residential m Suburban Residential City Airport -Gov. 10 (� Urban Residential Public/Quasi Public, Openspace Floodway (� Subject ' Property CTA �N5 C City Commercial Industrial Airport Public Date: Deceber 10th, 2020 CTTTOF-7-00400411F Kalispell Planning Dept. FilePath: J\2020\12103rd KALISPELL 370 Feet Kalispell Zoning Exhibit - December 10th, 2020 NORTH 2O15 & 2105 3rd Ave East Subject Property Zoning i LL Commercial OOD C Neighborhood Business RA-1 Light or Heavy industrial 1 Health Care = Residential/Professional Office m Residential 18TH S E m Two Family Residential Multi -family Residential - Residential Apartment/Office Public CU V� V Subjec � op rtY J.J ti B-2 9� B-5 P-1 0 B-5 1-1 0 TY Date: Deceber 10th, 2020 CTTTOF Kalispell Planning Dept. RePath: J\2020\12103rd KALISPELL ° 250 500 Feet Development Services Department 201 1st Avenue East C'I"t'Y C7F Kalispell, MT 59901 KALI SIP ELP Phone (406) 758-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: Ipanningftkalispell.com Website: https:/Imt-kalispell.civicplus.com/250/Planninq Project Name Property Address ko4<-0�-Ze NAME OF APPLICANT I A M� MM5.1r e- Applicant Phon can�-) yG, Applicant Address Sy I VA)7'6, <—Z �Cc 6 City, State, Zip K PC1, Applicant Email Address 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 Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECTIENGINEER) Phone Address City, State, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Q AIDE Phone 600J o;%/ _ / 70 Address 5-6—L UNTO— G� �tC�L C City, State, Zip �'� �990 Email Address t-�oLde-'L3e--L-Jevale, P Mcf,tt- a47. QC List J� /owners (any individual or other entity with an ownership interest in the property): f�jALL 5! i r Cy 1,6c /!_- a % C3 kA � 6 /417L li AIiT r ` � Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed: 5 fr TT / fff)%) 1)//�1� /��/ /��./(f_ (_ fA� r lease 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 Department 2011st Avenue East KALI S P ELL Kalispell, 59901 Phone (406) 75$-794-7940 1. Land In project (acres) 0�2. 2. Current estimated market value Estimated market value of proposed development at 50% build out $ p� G O U C;' U(, 6o Estimated market value of proposed development at 100% build out 66n 6O1' -, 3. Is there a Rural Fire Dept RSID or Bond on this property? If yes, remaining balance is: 4. Present zoning of property 5. Proposed zoning of property R� E YES NO 6. State the changed or changing conditions that make the annexation necessary: /C1CC5ts-Z�9c C2m7-? S AV;C65 v, CC —OS 40e-TLQ,U OF SAT 6I)TS 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 pub€ic 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 reasonable 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. Encouraoina the most appropriate use of land by assurina 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. Applicant Signature / o / 0-7c� Date �ALISPELL Development Services Department 2011stAvenue East Kalispell, MT 59901 Phone (406) 758-7940 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 of Withdrawal from the Rural Fire District form, including an Exhibit A, legal description of the property 3. Application fee based on the schedule below, made payable to The City of Kalispell; Annexation (includes initial zoning) $250 lus $20 per acre 4. 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. 5. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of :municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the 11V k A CZ-Qk4�� 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 agrees) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimu of S years from date of annexation. /2//'�G 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 r� 20Zo On this S' day of 'UX-e1rn&r before tir the undersigned, a Notary Public for the State of Montana, personally appeared j ✓ 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 ye AIMEE BRUNCKHORST $YL""�yo, NOTARY PUBLIC for the .�JNpTARIAL State of Montana Nota y Public, State of Montana �* SEAL Residing at Printed Name J�,`;QF+M0%\ MY Commission onExpitana Residing at Expires cT December 04, 2024 My Commission expires: : ss County of Flathead County 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: 2 Exhibit "A" Real property in the County of Flathead, State of Montana, described as follows: A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows to wit: Commencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 20; thence North 0003' West, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter, 116.6 feet to the Northeast corner of that certain tract of land as described in Book 481, Page 980 of the official records of Flathead County, Montana and the True Point of Beginning of the tract of land being described; thence West and along the Northerly boundary line of said tract in Book 481, Page 980, 646.5 feet to a point on the Easterly boundary line of the original U.S. Highway No. 93; thence North 141154' West, and along said Easterly boundary line of U.S. No. 93, 127.9 feet to the Southwest corner of that property as described in Book 430, Page 849 of said Flathead County records; thence North 76039' East, and along the Southerly boundary line of the property just mentioned, 142.4 feet to the Southeast corner thereof; thence North 13021' West, and along the Easterly boundary line of said tract, 80.0 feet to a point on the Southerly boundary line of that certain tract of land in Book 274, Page 442; thence North 76039' East, 174.3 feet to a point; thence South 01103' East, 18S.1 feet to a point; thence East and parallel to the Southerly boundary line of the property being described, 389.5 feet to a point on the Easterly boundary line of said NE1/4NW'/4 of Section 20; thence South 0103' East, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter, 89.4 feet to the True Point of Beginning. I I I This page is only a part of a 2016 ALTA @ Commitment For Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA kensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No, 111111-FT Page 6 of i0 LTA Commitment for Title Insurance (8-1-16) I I IIIIIIII11l 1111ll1111111111111111111111EII IIIII IIIII IIIV 111111111111l111 [1111111 pp202 pag(e;I o1•j$p3 Debbie Pierson, Flathead County HT by HW 9/41202e0 II AM AND WHEN RECORDED MAIL TO: - /fF Filed for Recbrd at Request of: Insured Titles Order No.: 917403-FT Parcel No.: 0374991 FOR VALUE RECEIVED, Willis Eugene Long, JR. Space WARRANTY DEED Line for Recorder's Use hereinafter called Grantor(s), do(es) hereby grant, bargain, sell and convey unto Layne Massie �,/ M �% whose address is: �'�� a' 1 �� 1 " ! ga {_i"..""."."."_ .— via Hereinafter called the Grantee, the following described premises situated in Flathead County, Montana, to -wit; Legal Description attached hereto as Exhibit A. 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. SCpTeMeC- R Dated: � of , 2020 Willis Eugene Long JR. Page 1 of 3 IIDIIIIIIIIi1111111�111111111111111111111QIlIIIII�IIIIIIIIIIIII�liliillllilID Page�2of310 Fees. $21,00 9/4/2070 11:11 AM STATE OF Washington ss. COUNTY OF ��ItLLrirl .tee This instrument was acknowledged before me on , i' ,2020, by Willis Eugene Lang, JR.. ANDREW J GRIFFITHS: Notary Public Notary Public for the State of Washington State of Washington Residing at: CLIA4-1 �!!� Commission # 173869 My Commission Expires: My Comm. Expires Sep $, 2022 Ste!% d8 2U 2,7_ Page 2 of 3 11111111II111l1111111111111111111IIII111111111i�llllllllll�1111111111fill 11111111]101 Pagep30310 Fees. $21.00 9/4/2020 11:11 AM EXHIBIT A A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows to wit: Commencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 20; thence North 01103' West, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter, 116.6 feet to the Northeast corner of that certain tract of land as described in Book 481, Page 980 of the official records of Flathead County, Montana and the True Point of Beginning of the tract of land being described; thence West and along the Northerly boundary line of said tract in Book 481, Page 980, 646.5 feet to a point on the Easterly boundary line of the original U.S. Highway No, 93; thence North 14054' West, and along said Easterly boundary line of U.S. No. 93, 127.9 feet to the Southwest corner of that property as described in Book 430, Page 849 of said Flathead County records; thence North 76039' East, and along the Southerly boundary line of the property lust mentioned, 142.4 feet to the Southeast corner thereof; thence North 131121' West, and along the Easterly boundary line of said tract, 80.0 feet to a point on the Southerly boundary line of that certain tract of land in Book 274, Page 442; thence North 76039' East, 174.3 feet to a point; thence South 0003' East, 185.1 feet to a point; thence East and parallel to the Southerly boundary line of the property being described, 389.5 feet to a point on the Easterly boundary line of said NEIANW'/4 of Section 20; thence South 0003' East, and along the Easterly boundary fine of said Northeast Quarter of the Northwest Quarter, 89.4 feet to the True Point of Beginning. Page 3 of 3 Edge LLC 55 Hunter Circle PO Box 7184 Kalispell, MT 59904 (406) 407-1309 a. Proposed apartments are in accordance with the 62 zone b. Property is already surrounded by City B2 zoning, Close to Highway 93S intersection with 3Id Av E (stoplight-controlted intersection). c. Apartments will be built to City codes which are more strict than current County codes. d. Apartments will be in close proximity, walking distance, to several services including commercial/professional businesses, grocery, restaurants, and convenience stores. e. Density will adhere to City land/use codes and standards for B2 zoning. f. There is a current need for affordable apartments in the area. g. Location is easily accessible from Highway 93S and is near public transportation stops. City water and sewer woutd provide adequate service to the apartments. Apartments would be within one mile of two elementary schools. Apartments would be less than 200 feet from Lions Park. h. Apartments will be designed to be of similar character to other recently built buildings in the area. i. The apartments will provide residences in close proximity, walking distance, to many employment, recreational, and entertainment opportunities. j. The apartments will add to the character and desirability of the area for both residential and commercial purposes. k. Apartments would benefit a large amount of residential opportunities. This would provide affordable living, potential employees, and customer opportunities to the south area of Kalispell.