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MDT Two Mile Staff Report and Materials114411k At 00 .08000) CITY 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-19-05 — MDT Two Mile Drive Annexation and Initial Zoning Request MEETING DATE: March 2, 2020 BACKGROUND: This matter is a request from the Montana Department of Transportation for annexation and initial zoning of city RA-1 (Residential Apartment). The property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The property is currently zoned county R-1 (Suburban Residential) and is used for residential purposes. There are no specific development plans at this time. The surrounding area is a mix of R-4 (Residential) and RA-1 zoning. The property is located at 672/680 Two Mile Drive between Greenbriar and the Highway 93 Alternate Route ("Kalispell By -Pass"). The property can be more particularly described as Tract 1 of Certificate of Survey 21293 located in the Northeast Quarter of the Southwest Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on February 11, 2020, to consider the annexation and initial zoning request. Staff presented staff report KA-19-05 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. There were six individuals who spoke at the public hearing, including a representative from MDT as the applicant. After receiving comment, the public hearing was closed, and a motion was presented to adopt staff report KA-19-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed with an initial zoning of RA-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 5967, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation Tract 1 of Certificate of Survey 21293 located in the Northeast Quarter of the Southwest Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1837, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Tract 1 of Certificate of Survey 21293 located in the Northeast Quarter of the Southwest Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, as City RA-1 (Residential Apartment), 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 5967 Ordinance 1837 February 11, 2020, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Public Comment Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5967 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 TRACT 1 OF CERTIFICATE OF SURVEY 21293 IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS MDT TWO MILE ADDITION NO.445, 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 the Montana Department of Transportation, 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-19-05, dated February 5, 2020; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City RA-1, Residential Apartment, 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 Tract 1 of Certificate of Survey 21293 in the Northeast Quarter of the Southwest Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF MARCH, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1837 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 TRACT 1 OF CERTIFICATE OF SURVEY 21293 IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1) TO CITY RA-1 (RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the Montana Department of Transportation, 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 RA-1, on approximately 9.4 acres of land; and WHEREAS, the property is located at 672 and 680 Two Mile Drive; and WHEREAS, MDT's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-19-05, dated February 5, 2020, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA-1, Residential Apartment, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-1, Residential Apartment, 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-19-05. 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 RA-1, Residential Apartment, on approximately 9.4 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 MARCH, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMIVIISSION NIINUTES OF REGULAR MEETING February 11, 2020 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Kurt Vomfell, Rory Young, Doug Kauffman, Ronalee Skees and George Giavasis. Joshua Borgardt was absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Skees seconded a motion to approve the minutes of the January 14, 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. KZC-20-01— SANDRA SULEWSKI File #KZC-20-01 - A request from Sandra Sulewski to rezone property ZONE CHANGE currently zoned R-3 (Residential) to B-1 (Neighborhood Business). The property is currently used for residential purposes and there are no specific development plans at this time. Most of the properties fronting along the west side of North Meridian in the vicinity are also zoned B-1, with residential zoning to the west and primarily commercial/industrial zoning along the east side of the road. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KZC-20-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property zoned R-3 (Residential) be rezoned to B-1 (Neighborhood Business). BOARD DISCUSSION None. PUBLIC HEARING None. MOTION Vomfell moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property zoned R-3 (Residential) be rezoned to B-1 (Neighborhood Business). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KA-19-05 — MDT ANNEXATION File #KA-19-05 — A request from the Montana Department of Transportation for annexation and initial zoning of city RA-1 (Residential Apartment). The property is currently zoned county R-1 (Suburban Residential) and is used for residential purposes. There are no Kalispell City Planning Board Minutes of the meeting of February 11, 2020 Pagel specific development plans at this time. The surrounding area is a mix of R-4 (Residential) and RA-1 zoning. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-19-05. Sorensen noted that city utilities do come up Two Mile Drive and stop at the intersection of Two Mile Dr and Greenbriar Dr., they are approximately 120 feet from the northeast corner of the subject property. MDT has no plans to develop the property. The land is excess property that was purchased for the bypass construction and now have plans to sell it. It is within the annexation boundary. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-05 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 RA-1 (Residential Apartment). BOARD DISCUSSION Young asked if the zoning could be either RA-1 or R-4 since the R-4 is the next most contiguous zoning on the property directly to the east. Sorensen confirmed and noted that there is a mix of RA-1 and R-4 in the area so it could be either or. Nygren noted that both zones comply with the growth policy and that an RA-1 zoning does not necessarily mean it will be developed as multi -family, but the option is there if the developer chooses to with an approved conditional use permit. PUBLIC HEARING Dave Hoerning — Land Section Supervisor, Montana Department of Transportation — representing the applicant, offered to answer any questions the board or public may have. Heinz Henke — 122 Greenbriar Dr. — concerned that if large multi -family units were to be developed it would block their views and cause safety issues with increased traffic. Kris Omhret — 130 Greebriar Dr. — would like to see the subject property zoned so that multi -family is not an option of being developed. Colleen Sullivan — 130 Greenbriar Dr. — concerned with increased traffic ifmulti -family is developed and the safety of pedestrian traffic. Nicholas Ramlow — 977 Foys Lake Rd. — commented on his past dealings with MDT and encroachment permits. Bill Yaris — commenting on behalf of his mother, Alice Yaris, who lives at 114 Greenbriar Dr. — she is against multi -family being developed on the subject property. MOTION Kauffman moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-05 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 RA-1 (Residential Apartment). Kalispell City Planning Board Minutes of the meeting of February 11, 2020 Page 12 BOARD DISCUSSION Vomfell asked if there was a feasibility aspect to staff choosing RA-1 zone over R-4 or is RA-1 what MDT specifically requested. Sorensen advised that a lot of the concerns that the public has are somewhat hypothetical at this point and specific impacts of a development will be addressed when the property develops. Right now, we are just looking at the annexation and zoning and making sure it's consistent with the city's growth policy, annexations boundaries, etc. This area is designated as urban residential under the growth policy which is primarily RA-1. Graham noted that he appreciates the annexation of the subject property into the city. He feels it not only protects the property but also ensures that proper building codes are being enforced if the property is ever developed on. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Stillwater Bend was approved by City Council, the trail committee has officially chosen the name for the trail, it will be named Kalispell Parkline. NEW BUSINESS March 10 agenda update — two conditional use permits for apartments as well as a work session for a PUD on Stillwater and Four Mile Drive. ADJOURNMENT The meeting adjourned at approximately 6:45pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, March 10, 2020 at 6:00 p.m. and is in the Kalispell City Council Chambers, 201 Pt Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of February 11, 2020 Page13 MDT ANNEXATION ANNEXATION AND INITIAL ZONING OF RA-1 UPON ANNEXATION STAFF REPORT #KA-19-05 KALISPELL PLANNING DEPARTMENT February 11, 2020 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from the Montana Department of Transportation to annex a 9.4 acre parcel into the city limits with an initial zoning designation of RA-1 (Residential Apartment) upon annexation. A public hearing has been scheduled before the Planning Board for February 11, 2020, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION A request from the Montana Department of Transportation to annex a 9.4 acre parcel into the city and zone the land RA-1 (Residential Apartment) upon annexation. The subject property is currently within the county and zoned county R-1. The property is developed with two single- family residences and accessory structures. There are no specific development plans for the property at this time. Water and sanitary sewer service are in the vicinity of the property and upon annexation extensions can be constructed to serve the property. 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: Montana Department of Transportation PO Box 201001 Helena, MT 59620 B. Location and Legal Description of Properties: The property is located at 672/680 Two Mile Drive. The property to be annexed can be described as Tract 1 of COS 21293 in the Northeast Quarter of the Southwest Quarter of Section 12, T28N, R22W, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The subj ect property contains two single-family residences and accessory structures, although much of the property is not developed. The zoning of the area to be annexed is county R-1. The county R-1 Zoning District is intended to provide estate -style residential development in rural areas away from urban development and typically not served by water or sewer service. 1 D. Proposed Zoning: The proposed zoning is city RA-1 (Residential Apartment). The Kalispell Zoning Regulations state that the intent of the RA-1 zoning district is "to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks, or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." E. Size: The subject property is approximately 9.4 acres. OA F. Adjacent Zoning: North: County R-1 East: City R-4 and RA-1 West: Bypass/County R-1 South: County R-1 and City R-2 G. Adjacent Land Uses: North: Single-family (county) East: Single-family (city) West: Kalispell Alternate Route/By-pass South: Kalispell Alternate Route/By-pass H. General Land Use Character: The general land use of the area can be described as primarily single-family residential development in the immediate vicinity with a mix of multi -family developments. To the immediate east and north of the proposed annexation, there are existing single-family residences. Further to the east on Two Mile Drive are multi -family developments. The bypass borders the subject property along the west/southwest edge of the site. There are additional residential homes in the county to the west of the bypass. I. Utilities and Public Services: City water and sewer mains are both located near the intersection of Two Mile Drive and Greenbriar Drive, approximately 120 feet from the northeast corner of the subject property. After annexation, any future development will be required to pay the cost for the utility extensions to the property. The design of water and sewer extensions will be reviewed and approved by the Kalispell Public Works Department prior to development. Sewer: Private septic currently (city sewer upon development) Water: Private well currently (city water upon development) 3 I. 2 Refuse: Private Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Peterson Elementary Fire: City of Kalispell if annexed Police: City of Kalispell if annexed 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 well inside the city's direct annexation boundary. Municipal Services: The City of Kalispell has an extension of services plan that details how services would be extended to the annexed property. Municipal water and sewer mains are located near the intersection of Two Mile Drive and Greenbriar Drive. They can be readily extended by a future development to serve the site. The site is currently protected by the West Valley 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 Fire Department. The site lies approximately 1.64 miles from fire station 61 and is readily serviceable by the city fire, police and ambulance services, all of which now respond to the adjacent neighborhoods within the City of Kalispell. Given the level of existing services available to the property, annexation will not overburden the municipal services in place. E 3. Distance from current ci . limits: The subject property borders the city along its eastern property line, thus annexation will serve to be a logical expansion of the existing city limits. 4. Cost of services: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction Standards and any other development policies, regulations or ordinances that may apply. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis — Initial Annexation. The property is currently developed with two single-family residences. The total cost of services is estimated to be $1,076 per year. Based on the city's taxation and assessment policies, the property will generate approximately $2,823 per year in total annual revenue to the city ($1,133 in taxes and $1,689 in assessments). Based on this analysis, the annexation will be net gain to the city of $1,747 once sold. It should be noted that MDT, as the current owner, would not pay general revenue taxes on the property (only assessments) and the full revenue projections would be reflective of taxes and assessments paid once the property is transferred. The net gain to the city in that situation would be $613. 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 R-1. The applicants are requesting city RA-1. The Kalispell Zoning Regulations state that the RA-1 Zoning District is "to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks, or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." 5 1. Does the requested zone comply with the growth olp icy The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. As mentioned above, the RA-1 Zoning District would typically be found in areas designated as Urban Residential on the Kalispell Growth Policy Future Land Use Map. The Growth Policy also states that "If the City of Kalispell is to prosper, it is essential to address residential housing. It is important that current and future residents of the community, who come from varying backgrounds, have adequate and quality housing available to them." As the City grows, the demand for housing will increase. It is therefore a policy that we should "encourage the development of urban residential neighborhoods as the primary residential land use pattern in the Growth Policy area," which the RA-1 zoning can provide. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zone will potentially have some effect on the motorized and non -motorized traffic, as the city RA-1 Zoning District allows for higher density than the current county R-1 Zone. Upon annexation, there will be no change in use on the property and no impact on transportation. If and when the property develops, traffic impacts would be reviewed as part of a subdivision or conditional use permit. 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 and fire protection, water, and sewer service are available to the area. 4. Will the requested zone promote the public health, safely and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classification of RA-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 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 currently available to the property. Upon annexation the property will not require any city utility services. The specifics regarding provision of public services will be determined upon development of the property. 7. Will the requested zone promote compatible urban growth? The requested city RA-1 Zoning District is similar zoning as the city residential development adjacent to the property to the east as well as multi -family developments in the RA-1 and RA-2 (Residential Apartment/Office) zones further to the east on Two Mile Drive. This zoning district maintains and is compatible with the established land use pattern in this area and would establish an area of higher density between the bypass and the established residential area immediately to the east. 8. Does the requested zone give consideration to the character of the district and its particular suitabili . for particular uses? The proposed RA -I Zoning District is consistent with the surrounding urban development of the area, which includes a mix of single-family and multi -family dwellings. 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. Specific aspects of future development on the property will be reviewed at the time of development consistent with regulations then in effect. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA-1 Zoning District will promote compatible and like uses on this property as are found on other properties in the area. Future development in the area 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 neighborhoods. 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 sewer lines are located within the public right- of-way a short distance to the east. The proposed zoning is consistent with the growth policy future land use designation and is compatible with current zoning in the immediate area. 7 RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-05 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 RA-1 (Residential Apartment). Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 iv-tv,sv.k-.tlispelI.com/planning PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: Montana Department of Transporation (MDT) MAIL ADDRESS: 2701 Prospect Ave. PO Box 201001 CITY/STATE/ZIP: Helena, MT 59620-1001 PHONE: (406) 444-9272 INTEREST IN PROPERTY: Fee Owned by Bargain and Sale Deed Other Parties of Interest to be Notified: PARTIES OF INTEREST: MAIL ADDRESS: CITY/STATE/ZIP. INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: PHONE: Address of the property: 672 & 680 Two Mlle Dr. Legal Description: Tract 1 of COS 212, (Lot and Block of Subdivision; Tract #) Section 12, Township 28 North, Range 22 West (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): 9.393 Current estimated market value NIA at this time at 100% build out NIA at this time at SO% build out NIA at this time Is there a Rural Fire Department RSID or Bond on this property Yes No X If yes remaining balance is $ The present zoning of the above property is: R-1 The proposed zoning of the above property is: RA-1 State the changed or changing conditions that make the proposed amendment necessary: Upon meeting with the Kalispell Planning & Building Department it was indicated that this zoning is consistent with the Kalispell Growth Policy Future Land Use Map designation on the property of Urban Residential. This zoning is appropriate given the location of the property near the bypass. The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. (Applicant) (Date) APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS I i Pre -Application Meeting. -t)©V-P— G( l 3� n A discussion with the .planning director or desigputed member of staff must precede filing of this application. Among topics tole discussed :are: the application procedure; compatibility and compliance with the Growth Policy,and compatibility of the proposed zoning with surrounding zoning classifications:. 2. Completed applicatloh form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District: form, including an Exhibit A, legal description .of the property. 4. Application fee based on the schedule below and made parable to the. City of kalispell. Fee Schedule: Annexation (includes initial zoning) $250 plus $20/acre 5. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the. property to be annexed. 3q3 aeS 2 Return to: _Ainlee Btunckhorst Kalispell City Clerk P.O. Box I997 Kalispell, MT 59903 NiTITIONTO 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 'tnutually 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 an substantially the same basis and in the'saine 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 Servioe PIan for this annexation pursuant to. Section 7-2-4610, M.C.A. since the ,parties are in agreement as -to. the pru'Vision. of municipal seriees to. the property regUested to be annexed. the. Petifioner(s) farther herein .express. an intent, o have the. property as herein described withdrawn from the _ mural FireDistrict: urider the provisions of Section 7-33-2127, Montana Cade 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 KaIispell, the property shall be detracted from said'district. In the event the property is not imiediately annexed, the.'Pet'itioner(s) further agrae(s) that this coVenant.shall run to; vr+ith, and be..bindin9 upon,the. title of the said real property, and shall be binding. upon our heirs, assigns, successors in interest, purchasers, and any and ail subsequent holders or owners of the above described property, This City hereby agrees to a].10W Petitioner($) to connect and receive the utilities frorn 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 minimum of 5 years from date of annexation. Il.ry S . FI , 12 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 of Flathead County On this day of , , before me, undersigned, a Notary Public for the State of Morita personally appeared known to me to be the person ose name is subscribed a foregoing instrument and acknowledged to me that he/she execute a same. IN WITNESS WHEREOF, I hav eunto set my hand and affixed my Notary Seal the day and year in this certificate first ab wri rZO `sa WA s04,63 uamjwwoo +4y eUsluayy 'spelalt IB 6Ui a a�1 OITB A?lb'lON °6 Notary Public, State of Montana 1kinted Name Res at My ion expires: LeWTS + ss \ County of 11}ead-Cep nuty �"^� j On this �day of before me, the undersigned, a Notary Public for the State of Montana, personally appeared S . H 1Q [mown to me to be the person whose name is subscribed to the foregoing instrumen 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. n ,� ? n _r-"� -N£ w CATHERINE M. RIES NOTARY PUBLIC far the Stale of R mtana SEAL Residin0 at Helena, Montana My Commiaw Expires cr May 23, 2M Notary Public, State of Montana Printed Name '�Qr- r ); Wit_ Residing at l4e IQ r, My Commission expires: ,. 1,-xSI-ko 3 Elm s� L lip mill. � SaP1 ; t' a -�a U��� �" 'ti'"IV lq°Fg FLL �cuquuup �� J � J .�.1 i-i .� � � .]V iJPi •:1 � j .-1 i .J�.1 � .J C� 81S1 fM�ar.oas+�Uc c ��a;aia�a uoae �o p}}wa � � � m .onorl P ASElI ` cocb / y C MY a o `ram/O Q y t a y � e�o�. 'vs s.• wn.,.,.nvinw rn.\�\=.A �cncv�vs�zm m�v giae cm-ma�\•ro�o�+a.�-+n �m annsn�ni\awo-iotin�\> Two. Mile Retracement ]Legal Description Tract 1, A tract of land located in the Northeast Quarter of the Southwest Quarter of Section .12, Township 28 North, Range 22 Nest, P.M.M.,. I~ fathead County, Montana, being more: particularly described as follows: Beginning at. -the northwest corner of the plat of Grebhbriar,: records of Flathead County, Mont4na; thence along the west.bounday of said Greenbriar, South 0.0042119" `blest 121$..26 feet to the .northeasterly right - of way of Highway 93. - Alternate Route (Kalispell By -Pass); hence along said northeasterly i ig]it=of rvay of said Highway 93 .Alternate Route (Kalispell By=Pass) for the next four (4) courses: North- 49°55'38'1 West 1.41.17 feet to the beginnittg: of a 932.16 foatradius=ou�we concave northeasterly, with a radial beaming of North 42°31114" .,East; thence.a.Iong said curve, through tR central angel of 40°49'07", an arc length of.664.09 feet; thence North 09°47`25." West 302:53 feet; thence North 01 °3 i'59" East 04.13 feet to the southerly-right=of vvay of Two Mile Drive,: thence along said southerly right -of way of said Two'Mile Drive,.North 79°32'45" East 159.57 feet; thence continuilag along said southerly right-of:way of said Two Mile Drive, North 69°11147" East 140:22 feet; thence.. Continuing along said southerlyright of way ofsaid Two Mile Drive; North. 84°2T22'East .179.011bet to the Point of Beginning, containing'9.393 .acres of laid, more or less. John & Gail Parker 123 Greenbriar Dr. Kalispell, MT 59901 Kalispell City Council 201 First Ave. E. Kalispell, MT 59901 To The Honorable Councilmen & Women February 24, 2020 As home owners I write to express the concerns that we have about the proposed zoning change from R-1 (Suburban Residential) to RA-1 (Residential Apartment) of the field between Greenbriar and the I-90 bypass. There are two new apartment complexes being constructed on two mile drive at this time, one with three hundred units in the first phase and one with forty eight units and possibly twenty four more. There are many apartments existing here already, we certainly don't need any more in this area. The apartments under construction now will bring 600 to 1000 new people to this area and 350 to 700 additional automobiles. Being surrounded by apartments will certainly have an adverse effect on our property value and our peace and solitude. We ask you to please vote against this zoning change. f From: dick holman To: Kalispell City Council Subject: [EXTERNAL] 2 Mile Drive annexation Date: Tuesday, February 25, 2020 4:45:17 PM I am writing you concerning the annexation of the property owned by the Department of Transportation, also know as the 2 Mile Drive annexation. It is my understanding that it is a good possibility that it will be annexed by the city and Montana DOT is requesting a zone change to RA1 , residential apartment on these 9 acres. Right now, the first % mile on 2 mile drive off Meridian we have 2 substantial apartment projects underway. One is on 7 acres and will accommodate 350 apartments. Just right across 2 mile , we have construction of 5 apartment buildings with 24 units each the Gateway West property. At a conservative estimate, there could be an additional 1000 people living in that area when construction is completed. Now,, if you annex the MDT property behind Greenbriar Subdivision as RA1, How many more people will be living in that % mile of 2 Mile Drive? I live in the Greenbriar subdivision. This will have a direct negative affect on everyone in this neighborhood to include noise pollution , light pollution in our backyards, More increased traffic on 2 mile drive and a decrease in our property values. I encourage you all to go and physically look at the subject property Before approving acquisition. Sincerely, Dick Holman ESTIMATED COST OF SERVICES ANALYSIS (Initial Annexation) Project Name: MDT Two Mile Annexation Date 2/4/2020 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: 9.393 0 409,159 $780,000 1. COST OF SERVICES UNDEVELOPED ACRES DEVELOPED ACRE COST/ACRE TOTAL Fire (budget $2,923,815 7 2.40 $107.37 $257.69 Police (budget $4,890,061) 7 2.40 ($173.33) ($415.99) General Gov't Services $4,991,138 7 2.40 $167.50 $402.00 Subtotal $1,075.68 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 _ ($1,075.68) 2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED Total square foot to be annexed: 409,159 Number of lots: 1 ASSESSMENT AVE SQ FT ASSESSMENT TOTAL Storm sewer assessment ($214.18 maximum over 1/2 acre): 409,159 0.009834 $ 214.18 Street maintenance assessment $387 maximum over 1/2 acre): 409,159 0.017776 $ 387.00 Urban forestry assessment (capped at $413 per parcel): 409,159 0.0047025 $ 413.00 Light maintenance assessment: 409,159 0.00165 $ 675.11 Average annual water and sewer usage chare $ - TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = $ 1,689.29 3. TAX REVENUE Assessed value per property: $ 780,000.00 NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 1 $ 780,000.00 $ 780,,000.00 VALUE REAL ESTATE TAX VALUE Total taxable value: $ 780,000.00 0.013 $ 10,140.00 MILLS LEVIED TOTAL Total tax revenue based on 800 mill levy: 0.8 $ 8,112.00 TOTAL CITY TAX REVENUE (based on 193.3 mill levy) = 1,133.31 4. IM PACT FEES UNIT QUANTITY COST PER UNIT Total ewer Impact Fee: ERU 0 $ 5,757.00 $0.00 ota I Water ImpactFee: ERU 0 $ 6,418.00 $0.00 Total Storm Impact Fee: ERU 0 $ 1,121.00 0.00 Total Police ImpactFee: 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) $2,822.60 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $0.00 7. ANTICIPATED COST OF SERVICE (ITEM 1) ($1,075.6& or $1,746.92 I! .4 1w, aft ig JA Kaispell Growth Policy Exhibit NORTH Jan 29th. 2020 Subject Property Commercial Neighborhhod Commercial - Industrial - Urban Mixed Use - High Density Residential Urban Residential Suburban Residential City Airport -Gov. Public/Quasi Public, Openspace Floodway Date: Jan 29th, 2020 FilePath: J\2020\mdt Kalispell Planning Dept. 0 500 1,000 Feet A Kaispell Zoning Exhibit NORTH Jan 29th 2020 ® Subject Property Zoning Commercial Neighborhood Business - Light or Heavy industrial - Health Care - Residential/Professional Office Residential Two Family Residential - Multi -family Residential - Residential Apartment/Office Public L-L-E I LI Fq_r___k Date: Jan 29th, 2020 Kalispell Planning Dept. RePath: J\2020\mdt 0 500 1,000 Feet