The URL can be used to link to this page

E2. Ordinance 1859, Ponderosa Vet ZoningCITY 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: Ordinance 1859 — Ponderosa Veterinary Hospital Initial Zoning Request MEETING DATE: July 6, 2021 BACKGROUND: This matter is regarding a request from Katherine Gates (Mission Impawsible, LLC) for annexation and initial zoning of B-1 (Neighborhood Business) for property located at 100 Ponderosa Lane (Ponderosa Veterinary Hospital), containing approximately 1.48 acres. The subject property is currently zoned county B-1. The property can be described as Lot 2 of the Amended Plat of Ponderosa North, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell City Council, at their meeting on June 21, 2021, approved the first reading of Ordinance 1859 unanimously. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1859, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Lot 2 of the Amended Plat of Ponderosa North, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, as City B-1 (Neighborhood Business), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: June 8, 2021, Kalispell Planning Board Minutes Ordinance 1859 Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1859 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOT 2 OF THE AMENDED PLAT OF PONDEROSA NORTH, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY B- 1) TO CITY B-1 (NEIGHBORHOOD BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Katharine Gates (Mission Impawsible, LLC), the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-I on approximately 1.48 acres of land; and WHEREAS, the property is located at 100 Ponderosa Lane; and WHEREAS, Katharine Gates' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-21-02, dated June 2, 2021, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Business, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy Plan -It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-21-02. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as B-1, Neighborhood Business, on approximately 1.48 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 6TH DAY OF JULY, 2021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JUNE 8, 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 Doug Kauffman (acting President), Rory Young, Joshua Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. Chad Graham was absent. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Giavasis moved and Skees seconded a motion to approve the minutes of the April 13, 2021, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KA-21-02 — PONDEROSA VET A request from Katherine Gates (Mission Impawsible, LLC) for ANNEXATION annexation and initial zoning of B-1 (Neighborhood Business) for property located at 100 Ponderosa Lane (Ponderosa Veterinary Hospital), containing approximately 1.48 acres. The request is based on a desire to connect to city sanitary sewer service. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-21-02. Staff recommends that the Kalispell Planning Board adopt staff report #KA-21-02 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-I (Neighborhood Business). BOARD DISCUSSION None PUBLIC HEARING None MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-21-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-1 (Neighborhood Business). BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. KCU-21-03 — THE RITZ BAR & File #KCU-21-03 — A request from Tristelle Vu (The Ritz Bar & Salon) SALON CUP for a conditional use permit to allow an accessory casino within the B-4 (Central Business) zone. The property contains an existing bar and will be adding a nail salon in addition to the proposed accessory casino space. The property is located at 110 & 116 Main Street. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Pagel STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Giavasis asked if the CUP would be tied to the property or just the business. Sorenson explained that any kind of zoning entitlements run with the land as long as what they are doing is consistent with what was approved. Vomfell and Young asked about fagade improvements and signage requirements. Sorenson advised both will be required to go through the architectural review process. PUBLIC HEARING Michael Lawlor — PO Box 728, Missoula — attorney for applicant, offered to answer questions about how the liquor license ties in with the accessory casino. Tim Guenzler — 300 Lee Rd. — Owner of Progressive Gaming, is working with the applicants to set up gaming machines. Offered to answer questions. Melissa Quast — 1520 Us Hwy 2 West — concerned with layout of the business and the machines being in the front of the building and operating hours. Dia Sullivan — PO Box 233, Whitefish — architect for the applicant, explained that the layout they designed works best with the existing layout. Darcy Lard — 500 Main St — downtown business owner — is in favor of the bar and salon. Derek Price — 459 Mountain Vista Way — patron of applicants existing business, Nailtopia, and is in favor of the bar and salon. MOTION Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Givasis is opposed to the CUP being tied to the property and has concerns with the 20% square footage requirement. Vomfell does not feel we need another casino in the city, and it is unfortunate that a liquor license must be tied to gaming to afford it. Young and Borgardt feel it is an appropriate use. Nygren noted that it's a good thing that the liquor license will be staying in the downtown area. ROLL CALL Motion passed 4-2 on a roll call vote. Vomfell and Giavasis are opposed to the conditional use permit. BOARD MEMBER SEATED Kauffman recused himself and asked Young to chair because he is a representative for Layne Massie (Edge, LLC). KCU-21-04 — EDGE A request from Layne Massie (Edge, LLC) for a conditional use permit APARTMENTS CUP to allow a multi -family residential development for property located at Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 12 2015 & 2105 Third Avenue East, containing approximately 2.04 acres. The development (Third Avenue East Apartments) would include 48 residential units, parking, and recreational amenities. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-04 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Vomfell asked about Condition # 16 and the why the number of units may need to be reduced. Sorenson advised that since the B-2 zone does not have density limits changes may need to be made based on design requirements like parking, trash enclosures, storm drainage, etc. PUBLIC HEARING Carol Thill — 2141 3,d Ave E — Owner of Lucky Dog Day Camp to the south of the subject property. She has concerns with how close the apartments will be to her business and that it may cause problems, barking, smell, etc. with tenants in the future if there is not enough buffer. MOTION Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 04 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed concerns with south property line regarding dog day camp and agreed that the property owner will be responsible and do what they need to do to mitigate future issues. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Kauffman re -seated and took over as chair. KCU-21-05 — J&S AUTOMOTIV L A request from Jason Sharp for a conditional use permit to allow an auto REPAIR CUP repair business within the B-3 (Core Area Business) zone. The property contains an existing building that was previously used for fleet vehicle maintenance and equipment storage for an internet service company. The property is located at 710 West Montana Street. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-05. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-05 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed proposed screening, how the required sidewalk would fit and asked for clarification from staff as to why they are requiring the sidewalk if the use prior to this requested use was the same. Staff advised because of the zone change from B-5 to B-3 there are design guidelines now whereas the previous tenant was grandfathered in. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page13 PUBLIC HEARING Butch Clark — 500 Siblerud Lane — owner of property — is concerned with the required sidewalk because of cost and losing some existing trees. Jason Sharp — 480 Tronstad Rd — applicant requesting CUP — spoke to type of repair business he runs and that it's a small slower paced type of repair shop. MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 05 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed good use for structure but expressed concerns with disproportionate costs of the sidewalk and requiring the applicant to have power poles moved. ROLL CALL Motion passed unanimously on a roll call vote. KPP-21-03 — WESTVIEW File #KPP-21-03 — A request from Owl Corporation for major ESTATES PHASES 6 & 7 preliminary plat approval for Westview Estates Phases 6 and 7. The PRELIMINARY PLAT property is located within an R-3 (Residential) zoning district, with a total of 34 single-family lots on approximately 15.98 acres of land including the lots, streets, a park area, and other common area. The property is located to the east of Stillwater Road and to the north of Westview Estates Phase 2. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KPP-21-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-21-03 and recommend to the Kalispell City Council that the preliminary plat for Westview Estates Phases 6 & 7 be approved subject to the condition listed in the staff report. BOARD DISCUSSION Board discussed number of accesses from new phases and approval from fire department as well as how the block length is calculated in relation to cul-de-sac. PUBLIC HEARING Eric Mulcahy — 2 Village Loop — representative for applicant — noted they are happy with the conditions of the staff report and offered to answer any questions. Kit Clark — 147 Taelor Rd — concerned with additional traffic, was hoping for an additional access on Stillwater Rd. Valerie Mitchell —187 Taelor Rd — concerned with additional traffic. Mark Eney —191 Taelor Rd — concerned with additional traffic. MOTION Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-21-03 and recommend to the Kalispell City Council that the preliminary plat for Westview Estates Phases 6 & 7 be approved subject to the condition listed in the staff report. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 14 BOARD DISCUSSION Giavasis noted he is not a fan of the cul-de-sac and Borgardt asked about doing future phase road improvements now to alleviate traffic concerns. Staff noted that the traffic impact study did not indicate there would be too much additional traffic with the design as is. ROLL CALL Motion passed unanimously on a roll call vote. KPUD-21-01 & KPP-21-02 — Files #KPUD-21-01 and KPP-21-02 — A request from Bison Hill, LLC MOUNTAIN VIEW PUD AND for the Mountain View Planned Unit Development ("PUD"), which is a PRELIMINARY PLAT Residential PUD overlay on approximately 139 acres of land abutting the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major preliminary plat approval for Phase 1 of the development. The property was previously annexed with a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16 cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family lots and 89 townhome lots), streets and open space. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Reports #KPUD-21-01 & #KPP-21-02. Sorenson noted that the applicant has some concerns with some of the conditions and would like to further discuss these conditions with staff and Public Works and therefore would like to have this tabled to a future meeting. He advised the board that we should proceed with discussion and public comment. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports #KPUD-21-01 & #KPP-21-02 and recommend to the Kalispell City Council that the PUD and the preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed west access, the traffic impact study and if it will trigger access to Hwy 2 and the water pressure issues that need to be addressed with Public Works. PUBLIC HEARING Mike Brodie — 431 1st Ave W — representative for applicant — confirmed that the applicant does wish to table for further discussion with staff and Public Works. Francis Flanigan — 849 Foys Lake Rd — agrees with the subdivision and likes the existing layout. Melissa Quast — 1520 US Hwy 2 West — concerned that only 2 accesses for 400 homes are not sufficient and how those accesses will be mitigated. She is also concerned with the number of deviations. MOTION — PUD & Vomfell moved and Borgardt seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt Staff Reports #KPUD- (ORGINAL) 21-01 and #KPP-21-02 and recommend to the Kalispell City Council that the PUD and preliminary plat for Mountain View be approved Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 15 subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed the fact that both applicant and staff have asked for a table to further discuss the project. They like the project but are concerned with there only being 2 accesses. MOTION — PRELIMINARY PLAT & PUD (TABLE) Vomfell moved to table and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission table Staff Reports #KPUD-21-01 & KPP-21-02 to the July 13, 2021 meeting. ROLL CALL Motion tabled unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the Kalispell Parkline. NEW BUSINESS Nygren updated the board on the July 13, 2021 planning board meeting. ADJOURNMENT The meeting adjourned at approximately 9:05pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 16 PONDEROSA VETERINARY HOSPITAL ANNEXATION ANNEXATION AND INITIAL ZONING OF B-1 UPON ANNEXATION STAFF REPORT #KA-21-02 KALISPELL PLANNING DEPARTMENT JUNE 2, 2021 This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a request from Katherine Gates (Mission Impawsible, LLC) for annexation and initial zoning of B- 1 (Neighborhood Business) for property located at 100 Ponderosa Lane (Ponderosa Veterinary Hospital), containing approximately 1.48 acres. A public hearing has been scheduled before the Planning Board for June 2, 2021, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The subject property is currently within the county and zoned county B-1. The Ponderosa Veterinary Hospital is located on the property, which is at the corner of Highway 93 North and Ponderosa Lane. The request is based on a desire to connect to city sanitary sewer service. This report evaluates the application in accordance with state and local regulations. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. A. Petitioner / Owner: Katherine Gates (Mission Impawsible, LLC) 100 Ponderosa Lane Kalispell, MT 59901 B. Location and Legal Description of Properties: The property is located at 100 Ponderosa Lane can be described as Lot 2 of the Amended Plat of Ponderosa North, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 1 C. Existing Land Use and Zoning: The Ponderosa Veterinary Hospital is located on the property. The zoning of the area to be annexed is county B-1 (Neighborhood/Professional Business). The county B-1 Zoning District is intended to provide limited retail sales and service functions to the surrounding neighborhood and serve as a buffer, similarly to the requested City zone outlined below. D. Proposed Zoning: The proposed zoning is city B-1 (Neighborhood Business). The Kalispell Zoning Regulations state that the intent of the B-1 zoning district is a "business district intended to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district would typically serve as a buffer between residential areas and other commercial districts. Development scale and pedestrian orientation are important elements of this district. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations to accommodate large-scale commercial operations. This zoning district would typically be found in areas designated as neighborhood commercial or urban mixed use on the Kalispell Growth Policy Future Land Use Map." Veterinary clinics for small animals are a permitted use in the zone. - Kalispell Zoning Exhibit - March 13th. 2021 NORTH 100 Ponderosa Ln. Lot 2 COUNTY R-2 -------------- Sn j Pe esrNUY — WI1-PINE OR I� -__ �Q aye R-3/PUD 4 4 � 2 L L7 COUNTY 'b e" P operty Neiglhb.,hood Business n-2 Residential R i ResidenvaUProfessimal OfLce - Cendal Busness - Residential Rp- nen[ - Residential Rp- nenbI3if- - General Business -C---Bushels 77 R4-21mr [fr7 D Residential P.M. Date: R1ay IWt 2021 Kalispell Planning Dept. Fil.Pa% A2021=132021 kALISPELL o E. Size: The subject property is approximately 1.48 acres. F. Adjacent Zoning: North: County B-1/SAG-10 East: County R-1 West: City R-2; County SAG-10 South: City R-3/PUD G. Adjacent Land Uses: North: Office; agricultural East: Single-family West: Undeveloped single-family; agricultural; golf course South: Undeveloped single-family 7 H. General Land Use Character: The general land use of the area through this highway corridor is a mix of commercial, office, agricultural, and single-family. At this specific intersection, there are two office uses (including the subject property) generally across from the entrance to Northern Pines Golf Course. It is the main entrance road to Ponderosa Estates, a single-family residential subdivision. I. Utilities and Public Services: The primary motivation for this annexation is access to city sanitary sewer service. Water and sewer service are available in the immediate vicinity. Any extensions necessary to provide service will need to be designed and installed by the property owner subject to review and approval by the Kalispell Public Works Department under the City of Kalispell Standards for Design and Construction. Sewer: City of Kalispell upon annexation Water: City of Kalispell available upon annexation (extension required) Refuse: City of Kalispell available upon annexation Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Edgerton Elementary/Glacier High School Fire: West Valley Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation ob04k . a. SUBJECT PROPERTY ft 04, WATER MAIN = BLUE 3 I. ANNEXATION EVALUATION Compliance with the growth polices Two primary means for managing growth in the City of Kalispell are redevelopment/infill within the current city limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. Chapter 9, Public Infrastructure and Services, includes a goal to "make public water and sewer available to areas that are in close proximity to services," and annexation allows for such extensions to happen. In addition, the city council adopted an annexation policy in 2011, with a corresponding map, as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the Planning Board, the Council, and the development community direction when property owners outside of the city limits are requesting annexation. The property proposed for annexation falls inside the city's direct annexation boundary. 2. Municipal Services: The City of Kalispell has an extension of services plan that details how services would be extended to the annexed property. Both sanitary sewer and water service are available within the right-of-way adjacent to the property. Any extensions necessary to provide service will need to be designed and installed by the property owner subject to review and approval by the Kalispell Public Works Department under the City of Kalispell Standards for Design and Construction. The site is currently protected by the West Valley 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 2.3 miles from Fire Station 62 and is readily serviceable by the city fire, police, and ambulance services. There are no hydrants in the area, although future plans related to an adjoining development provide for the possibility of a roadway extension from the south that would bring water mains adjacent to the property and allow for a hydrant to be installed. With a mutual aid agreement in place, both the city and the rural district are involved in a response whether the property is in the city limits or in the county. The Fire Chief stated that he is comfortable with being able to provide a response to the property. Given the level of existing services available to the property, annexation will not overburden the municipal services in place. 3. Distance from current citv 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 E 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 currently contains a veterinary hospital, with the presumption that a connection to city sanitary service will occur shortly after annexation. The impact fee calculation is an estimate based on current information, and may increase or decrease based on the final plans. The total cost of services is estimated to be $1,495 per year. Based on the city's taxation and assessment policies, the property will generate approximately $2,254 per year in total annual revenue to the city ($1,121 in assessments and $1,133 in taxes). Based on this analysis, the annexation will be a net gain to the city of $759 pending development of the site. II. INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county B-1 (Neighborhood/Professional Business). The applicants are requesting city B-1 (Neighborhood Business). The Kalispell Zoning Regulations state that the intent of the B-1 zoning district is a "business district intended to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district would typically serve as a buffer between residential areas and other commercial districts. Development scale and pedestrian orientation are important elements of this district. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations to accommodate large-scale commercial operations. This zoning district would typically be found in areas designated as neighborhood commercial or urban mixed use on the Kalispell Growth Policy Future Land Use Map." Veterinary clinics for small animals are a permitted use within the zone. 5 1. Does the requested zone comply with the growth polices - Kalispell Growth Policy Exhibit - March 13th, 2021 NORTH 100 Ponderosa Ln Lot 2 ® Subject Property p— TT - Hei�6orhhod Commercial - Industrial — _ I,rban Mixed U— Suburban - High Density Residential urtan Resdensal Residential Suburban Residen5al — City AYport-Go Publi U—i Pubf , Opensp- - Flood—y PONDEROSA LN - Subject o� Suburban Residential I Property �a x I Urban Mixed Use Date: May 13II14021 FilePath: J13T111A1132[I21 Ka l is pell P la nn i ng Dept. KALISPELL 2 3 The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. However, it is in a highway corridor where urban mixed use is starting to extend northward subject to shared access to the highway. This property is accessed via Ponderosa Lane, providing that shared access. Under Chapter 9 of the Growth Policy relating to Public Infrastructure and Services, connection to city services, particularly sewer service, is encouraged whenever possible. With sewer service immediately adjacent to the property, the growth policy would support annexation. When a developed property is annexed into the city, it should generally be given a zoning designation that substantially matches the county zoning if possible. In this instance, the county B-1 and city B-1 districts are similar and the initial zoning of city B-1 is appropriate. Will the requested zone have an effect on motorized and non -motorized transportation systems? The access for the property is onto Ponderosa Lane, a private road which then provides common access to Highway 93. Since the property is already developed to its intended use, the impact on the transportation systems will remain the same and the proposed zone will not have a significant impact on the transportation systems. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police/fire protection, solid waste collection, water service and sewer service will be available upon annexation, although water service would require a main extension. There are no hydrants in the area, although future plans related to an adjoining development provide for the possibility of a roadway extension from the south that would bring water mains adjacent to the property and allow for a hydrant to be installed. on With a mutual aid agreement in place, both the city and the rural district are involved in a response whether the property is in the city limits or in the county. The Fire Chief stated that he is comfortable with being able to provide a response to the property. 4. Will the requested zone promote the public health, safely 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-1 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for any additional development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property. Water service would require a main extension that would have to be installed by the applicant upon review and approval of the Kalispell Public Works Department and DEQ. 7. Will the requested zone promote compatible urban growth? The requested zoning is consistent with the type of growth projected for this area and is consistent with the current zoning in the county for the properties at this intersection. 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-I Zoning District is consistent with the surrounding commercial and office development of the general area, as well as nearby residential uses. The property abuts a partially developed mixed use project. The B-I zone fits into that overall pattern and gives due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the B-1 Zoning District will promote compatible and like uses on this property as are found on other properties in the area. Future development on the property will be reviewed for compliance with the dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhood. 7 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case, water and sanitary sewer are located within the public right-of-way adjacent to the property, although water service would require a main extension. The proposed zoning is consistent with the growth policy and is compatible with current zoning in the immediate area. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-1 (Neighborhood Business). Development Services Department ]KAILISPEILIL ZQ>t 1st East KaIispel1, MT 59901 Phone (R06j 061758 758-794U PETITION FOR ANNEXATION AND INITIAL ZONING Email: tannin kalis ell.com Website: www•kalispell.com Project Name Ponderosa Vet Annexation Property Address 100 Ponderosa Lane NAME OF APPLICANT Katherine C. Gates Applicant Phone 406-752-7111 Applicant Address 100 Ponderosa Lanel city, state, Zip Kalispell, MT 59901 Applicant Email Address ponderosaveterinary@gmall.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Mission Impawsible LLC Owner Phone406-752-7111 I Owner Address 100 Ponderosa Lane City, state, Zip Kalispell, MT 59901 Owner Email Address po nderosaveteri na ry@g m a i l. co m CONSULTANT JARCHITECTlENGINEERj Phone Address Cl state, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Katherine C. Gates Phona4D6-752-7111 Address 100 Ponderosa Lane city' state' zip Kalispell, MT 59901 Email Address ponderosaveterinary@gmaii.com List ALL owners (any iridividuai or other entity with an ownership interest in the property): Mission Impawsible LLC - partnership between Katherine C. Gates and Michael Brandon Gates Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Lot Two (2) of the Amended Plat of Ponderosa North, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana. Please initial here indicating that you have verified the description with the Flathead County Clerk and Reco der and that the description provided is in a form acceptable to record at their office. Development Services Department 2011st Avenue East IAA L I P E LL Kalispell, MT 5990I Phone (406) 758-7940 1. Land In project (acres) 1.4NL*5 2. Current estimated market value $508,000 Estimated market value of proposed development at 50°% build out $ Estimated market value of proposed development at 100% build out $ 3. Is there a Rural Fire Dept RSID or Bond on this property? nYES I V I N❑ If yes, remaining balance is: $ 4. Present zoning of property 41 y S. Proposed zoning of property 6. State the changed or changing conditions that make the annexation necessary: Septic system is failing and requires new system or attachment to the city sewage system HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wl answers): a. Promoting the Growth Policy b. Lessening congestion in the streets and providing safe access c. Promoting safety from fire, panic and other dangers d. Promoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities h. Giving 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. Encouraging the most appropriate use of land by assuring orderly growth I hereby certify under penalty of perjury and the laws of the Stage 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 acburate 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 Si Date . 1, Y x_}=1441111111111161 KALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) A pre -application meeting with a member Of the planning staff is required. Application Contents: 1. Completed application form $ attachments 2. Completed Petition to Annex and Notice to Withdrawl from the Rural Fire District form (attached), including an Exhibit A, legal description of the property. 3. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. *Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 4. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 5. Application fee based on the schedule below, made payable to the City of Kalispell: Annexation $250 (includes Initial zoning) plus $100 per acre Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1IIIIIIII II IlIIIlIII! IIII! (IIII IIII IIII IIII If II I�IIIIfIIII till) IIII II III Ills IIII 0054575 Debbie Pitman, Flathead County HT by SC 3/ 211201% 4F31 PM Retum To and Taxes: Mission linpawsi'ble, LLC 45339 Leighton Rd Ronne, MT 59864 ATEC Order No.: 426721 WARRANTY DEED For Value Received Woof Dogs, LLC., A Wisconsin Limited Liability Company The grantor(s), do(es) hereby grant, bargain, sell and convey unto Mission Impawsibie, LLC A Montana Limited Liability Company Whose current address is 45339 Leighton Rd., Ronan, MT 598154 The grantee(s), the following described premises, in Flathead County, Montana, TO WIT: Lot Two (2) of the Amended Plat of Ponderosa North, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that he/she/they islare the owner(s) in fee simple of said premises, that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, tights and rights of way of ii record. And that he/she/they will warrant and defend the same from all lawful claims whatsoever. Hated: March 20, 2019 Woof Dogsj.L / BBR6ge>I fI ingEYV'M, Member G i�7fti- By: Pamela ) Buchli, DVM, Member State of Montana) ss County of Flathead} On this 20 day of March, 2019, before me, Amber Cooper, a Notary Public in and for said stage, personally appeared Pamela Buchli and Roger Fleming known or identified to me to be the Managing Member in the Limited Liability Company known as Woof Dogs, LLC who executed the foregoing instrument, and acknowledged to me that he/she executed the same in said LLC name. IN WITNESS WBEREOF, I have hereunto set my hand and affixed my official seal the da and year in this certificate first above written. bar Doper *r�EICC7rea AMBER Cooptk NOTARY pustic mr Ina Notary Public for the State of Montana Ha Ear:lr� , Res d,n State M M��a * SEAL Residing at: Kalispell aarKM40 , W.rtarl8 g p my cammrsr,a„ Exp'm5 Commission Expires: December 03, 2019 1)ecember03, 2019 Exhibit A Leggi Description of Property Lot Two (2) of the Amended Plat of Ponderosa North, according to the map or prat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana. Assessor# 0967890 Sec: 19 Twp: 29 N Rng: 21 W Lot: 2 Subdiv Cd: PN4 a. Promoting the Growth Policy b. Lessening congestion in the streets and providing safe access e. Promoting safety from fire, panic, and other dangers d. Promoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities h. Giving reasonable consideration to the character of the district L Giving consideration to the peculiar suitability of the property for particular uses j. Protecting and conserving the value of buildings k. Encouraging the most appropriate use of land by assuring orderly growth This project is proposed in order to replace a failing septic system and facilitate use of the public sewage system, which will promote public health and allow for most appropriate use of the land. 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 WES-r VA wgg Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding slid 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. 01"! ME r ` r NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) V County of Flathead County On this k l day of �� , before me, the undersigned, a Notary Public for the State of Montana, personally appeared �;ic' C-. V7 S_ 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 axed m tary Seal the day and ss County of Flathead County Notary ublic, Stle of Moniana . Printed Name � ataS Residing at le4, � ►h My Commission expires: � On this _3`day of PVIA2az�, before me, the undersigned, a Notary Public for the State of Montana, person ly appeared _ 41f c L. . �47�5 known to me to be the person whose narne 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 a xe my ❑ ry Seal the day and year in this certificate first above written. AUSTIN F WILLIS Notary P ic, Stat of Montana ��5� �<<•� NOTARY PUBLIC for the Printed Iame t1S State of Mnntama Residing at kA k , M 7- * SEAL * Residing at Kalispell, montanO My Commission expires: F M�My Commission Expires July 26. 2024 5/3/2021 100 Ponderosa Ln - Google Maps Go gle Maps 100 Ponderosa Ln r obi. ur u�o, 1 Map data 02021 Google 100 ft u Work Building 0 y� Directions Save Nearby Send to your Share phone (� 100 Ponderosa Ln, Kalispell, MT 59901 Photos httpsJlwww.google.com/mapsJplace/l OO+Ponderosa+Ln,+Kalispell,+MT+599011@48.2660355,-114.330331,18zldata=!4m5!3m4.! 1 sOx536B5bD5O5cab... 1 /2