I1. Res. 6068, Ord. 1877, Koistinen Annexation and ZoningCI-00"
TY OF
KALisrELL
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-22-01 — Koistinen Annexation and Zoning
MEETING DATE: May 2, 2022
BACKGROUND: Ryan Koistinen has submitted an application for annexation and initial zoning of
RA-1 (Residential Apartment) for property located at 1801 and 1823 5th Avenue East, containing
approximately 0.43 acres. The proposal involves two properties that will be subject to a boundary
line adjustment (Assessors Tracts 8D and 8KA). The applicant owns Tract 8D (1823 5th Avenue
East) which is partially in the city with a single-family residence on the front portion of the property
that is already in the city. Flathead Electric Cooperative, Inc. owns Tract 8KA, which is also partially
in the city. The boundary line adjustment would take approximately 0.256 acres of vacant land from
Tract 8KA and add it to Tract 8D. This request would annex the entirety of the expanded Tract 8D
into the city with an RA-1 zoning designation, with a total of 0.43 acres to be annexed.
The property can be described as a tract of land situated, lying and being in northeast 1/4 of the
northwest 1/4 of Section 20, Township 28 North, Range 21 West, P.M., M., City of Kalispell,
Flathead County, Montana and being more particularly described as follows: Commencing at the
north 1/4 corner of said Section 20; Thence S00°06'49"W, a distance of 27.97 feet to the true Point of
Beginning; Thence S00°06'49"W, a distance of 176.47 feet; Thence S76°43'12"W, a distance of
88.75 feet; Thence N13°23'48"W, a distance of 171.63 feet; Thence N76°42'06"E, a distance of
129.97 feet to the Point of Beginning, containing 0.43 acres.
The Kalispell Planning Board held a duly noticed public hearing on April 12, 2022, to consider the
request. Staff presented staff report KA-22-01 providing details of the proposal and evaluation. Staff
recommended that the Planning Board adopt the staff report as findings of fact and recommend to the
Council that the request for annexation and initial zoning be granted.
No comments were received at the public hearing other than by a representative from the applicant.
The public hearing was closed and motions were presented to adopt staff report KA-22-01 as findings
of fact and recommend to the Kalispell City Council that the property be annexed and that the initial
zoning designation be RA-1 (Residential Apartment). Board discussion concluded that the request
was appropriate, and the motions were approved on a unanimous vote.
RECOMMENDATIONS:
ANNEXATION: It is recommended that the Kalispell City Council approve Resolution 6068, 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 a tract of land situated, lying and being in
northeast quarter of the northwest quarter of Section 20, Township 28 North, Range 21 West, P.M.,
M., Flathead County, Montana, and as more particularly described on exhibit A, to be known as
Koistinen's Addition 456, to zone said property in accordance with the Kalispell Zoning Ordinance,
and to declare an effective date.
INITIAL ZONING: It is also recommended that the Kalispell City Council approve the first reading
of Ordinance 1877, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell
zoning ordinance 1677, by zoning certain real property described as a tract of land situated, lying and
being in the northeast quarter of the northwest quarter of Section 20, Township 28 North, Range 21
West, P.M., M., Flathead County, Montana previously zoned County R-4 to City RA -I (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 6068
Ordinance 1877
April 12, 2022, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 6068
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 A TRACT OF LAND SITUATED, LYING AND
BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", TO BE
KNOWN AS KOISTINEN'S ADDITION NO. 456, 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 Ryan Koistinen, 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-22-01, dated April 6, 2022; 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 a tract of land situated, lying and being
in the northeast quarter of the northwest quarter of Section 20, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana, and as more
particularly described on Exhibit "A", 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 MAY, 2022.
ATTEST:
Judi Funk,
Deputy City Clerk
Mark Johnson
Mayor
Fxhihit "A"
A tract of land situated, lying and being in northeast 1/4 of the northwest 1/4 of Section 20,
Township 28 North, Range 21 West, P.M., M., City of Kalispell, Flathead County, Montana and
being more particularly described as follows:
Commencing at the north 1/4 corner of said Section 20; Thence S00°06'49"W, a distance of 27.97
feet to the true Point of Beginning;
Thence S00°06'49"W, a distance of 176.47 feet; Thence S76°43'12"W, a distance of 88.75 feet;
Thence N13°23'48"W, a distance of 171.63 feet; Thence N76°42'06"E, a distance of 129.97 feet to
the Point of Beginning. Containing 0.43 acres.
ORDINANCE NO. 1877
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 A TRACT OF LAND
SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-4) TO
CITY RA-1(RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Ryan Koistinen, 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 0.43 acres of land; and
WHEREAS, the property is located at 1801 and 1823 5th Avenue East; and
WHEREAS, Koistinen's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-22-01, dated April 6, 2022, 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-22-01.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance (Ordinance No. 1677) is hereby amended by designating the
property described above as RA-1, Residential Apartment, on approximately
0.43 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 16TH DAY OF MAY, 2022.
ATTEST:
Judi Funk
Deputy City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
APRIL 12, 2022
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,
Ronalee Skees, George Giavasis and Kurt Vomfell. Chad Graham was
absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning
Department. Keith Haskins represented the Public Works Department.
APPROVAL OF MINUTES
Giavasis moved and Skees seconded a motion to approve the minutes of
the March 8, 2022, meeting of the Kalispell City Planning Board and
Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
None.
BOARD MEMBER RECUSED
Young recused himself.
KA-22-01— KOISTINEN
File # KA-22-01 — A request from Ryan Koistinen for annexation and
ANNEXATION
initial zoning of RA-1 (Residential Apartment) for property located at
1801 and 1823 5t1i Avenue East. The proposal involves two properties
that will be subject to a boundary line adjustment (Assessors Tracts 8D
and 8KA). The applicant owns Tract 8D/1823 5t1i Avenue East, which is
partially in the city. Flathead Electric Cooperative, Inc. owns Tract
8KA, which is also partially in the city. The boundary line adjustment
would take approximately 0.256 acres of land from Tract 8KA and add it
to Tract 8D. This request would annex the entirety of the expanded
Tract 8D into the city with an RA-1 zoning designation, with a total of
■
0.43 acres to be annexed. The property to be annexed and zoned can be
described as A tract of land situated, lying and being in northeast 1/4 of
the northwest 1/4 of Section 20, Township 28 North, Range 21 West,
P.M., M., City of Kalispell, Flathead County, Montana and being more
particularly described as follows: Commencing at the north 1/4 corner
of said Section 20; Thence S00°06'49"W, a distance of 27.97 feet to the
true Point of Beginning; Thence S00°06'49"W, a distance of 176.47 feet;
Thence S76°43'12"W, a distance of 88.75 feet; Thence N13°23'48"W, a
distance of 171.63 feet; Thence N76°42'06"E, a distance of 129.97 feet
to the Point of Beginning, containing 0.43 acres.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KA-22-01.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-22-01 as findings of fact and
recommend to the Kalispell City Council that the property be annexed
and the zoning for the entire property be city RA-1 (Residential
Apartment)
BOARD DISCUSSION
None.
Kalispell City Planning Board
Minutes of the meeting of April 12, 2022
Pagel
PUBLIC HEARING
Toby McIntosh — Jackola Engineering — 2250 Hwy 93 South —
representative for applicant, offered to answer any questions the board
may have.
MOTION — KZC-22-01
Vomfell moved and Giavasis seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-22-01
as findings of fact and recommend to the Kalispell City Council that the
property be annexed and the zoning for the entire property be city RA-1
(Residential Apartment).
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RESEATED
Young re -seated.
KZC-22-02 — BLUE DUCK
File #KZC-22-02 — A request from John Todd to change the current
ZONE CHANGE
zoning of properties located at 128 and 130 2nd Street East and certain
adjoining properties from RA-2 (Residential Apartment/Office) to B-4
(Central Business). The combined properties (other owners include the
City of Kalispell and Villa Normandy, LLC) contain approximately 0.44
acres of land and can be described as Lots 1, 2, and the northern 37.5
feet of Lot 3, Block 57 of Kalispell Original Township, according to the
map or plat thereof in the Office of the Clerk and Recorder, Flathead
County, Montana.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KZC-22-02.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KZC-22-02 as findings of fact and
recommend to the Kalispell City Council that the subject properties
currently zoned RA-2 (Residential Apartment/Office) be rezoned to B-4
(Central Business).
BOARD DISCUSSION
Young inquired about any impacts this zone change may have on the
city regarding the parking lot. Staff advised that parking is allowed in
either zone so there would be no impact.
PUBLIC HEARING
None.
MOTION
Skees moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KZC-22-
02 as findings of fact and recommend to the Kalispell City Council that
the subject properties currently zoned RA-2 (Residential
Apartment/Office) be rezoned to B-4 (Central Business).
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
KPP-22-03 & KCU-22-01
Files #KPP-22-03 and KCU-22-01 — A request from Housing Solutions,
CREEKSIDE COMMONS
Inc, for a conditional use permit for a multi -family residential
Kalispell City Planning Board
Minutes of the meeting of April 12, 2022
Page 12
development and major preliminary plat approval for one additional lot
within an existing subdivision. The new lot would contain
approximately 1.01 acres. The development would include 31 senior
housing units which are rent and income restricted, supported by tax
credits administered through the Montana Board of Housing. The
property is in a B-2 (General Business) zone at 1203 Highway 2 West
(Gateway West Mall) with the project to be located in the northern
portion of the property. The property can be described as Lot IA of
Gateway Community Center, according to the map or plat thereof on file
and of record in the office of the Clerk and Recorder of Flathead County,
Montana, excepting therefrom Parcel A of Glenwood West, according to
the map or plat thereof on file and of record in the office of the Clerk
and Recorder of Flathead County, Montana.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Reports #KPP-22-03 & KCU-22-01.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KCU-22-01 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.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KPP-22-03 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat for
Creekside Commons be approved subject to the conditions listed in the
staff report.
BOARD DISCUSSION
Borgardt asked about the access on the south end of the property and
who would regulate that. Staff advised that since it is currently one of
the main accesses into the parking lot currently it is being maintained so
this would not impact that access.
Rory inquired about the reduced amount of parking spaces that are
called out seeing as this is a multi -family use. Staff advised that under
the zoning ordinance since this is a senior housing complex there is only
I parking space per 2 units required. If the complex ever were to change
from senior housing to regular rentals, then more parking would be
required.
PUBLIC HEARING
Alex Burkhalter — Housing Solutions — Missoula, MT — applicant for
project, briefly explained the tax credits, land use attached to the tax
credits and the 45-year deed restriction.
MOTION — KCU-22-01
Vomfell moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-22-
02 as findings of fact and recommend to the Kalispell City Council that
the conditional use permit be approved subject to the conditions listed in
the staff report.
BOARD DISCUSSION
Board all agreed that this project is much needed and like to see it
happening.
Kalispell City Planning Board
Minutes of the meeting of April 12, 2022
Page13
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPP-22-03
Skees moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KPP-22-03
as findings of fact and recommend to the Kalispell City Council that the
preliminary plat for Creekside Commons be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RECUSED
Young recused himself.
KPP-22-04
File #KPP-22-04 — A request from Stillwater Corporation for
KNTC PHASE 5
preliminary plat approval for Kalispell North Town Center Phase 5, a
major residential subdivision with 37 lots on approximately 10.6 acres in
lots, roads, and common area. The property is zoned R-3 (Residential)
with a Planned Unit Development overlay. It is located on the east side
of Jefferson Boulevard and can be described as Tract 9-A of the
Amended Plat of Block 3 of Kalispell North Town Center, Phase 2,
located in the southwest quarter of Section 19, Township 29 North,
Range 21 West, P.M, City of Kalispell, Flathead County, Montana.
BOARD DISCUSSION
None.
PUBLIC HEARING
None.
MOTION
Skees moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KPP-22-04
as findings of fact and recommend to the Kalispell City Council that the
preliminary plat for Kalispell North Town Center Phase 5 be approved
subject to the conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RESEATED
Young re -seated.
OLD BUSINESS
Nygren updated the board on recently approved projects.
NEW BUSINESS
Sorensen announced that this meeting would be Skees last meeting and
Kauffman presented her with a certificate. He also updated the board on
the May 10' Planning Board, including a potential zoning text
amendment to be proposed by the City relating to the intent of the R-4
zone.
ADJOURNMENT
The meeting adjourned at approximately 6:45pm.
Chad Graham
President
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of April 12, 2022
Page 14
APPROVED as submitted/amended:
Kalispell City Planning Board
Minutes of the meeting of April 12, 2022
Page 15
KOISTINEN ANNEXATION
ANNEXATION AND INITIAL ZONING OF RA-1 UPON ANNEXATION
STAFF REPORT #KA-22-01
KALISPELL PLANNING DEPARTMENT
APRIL 6, 2022
This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a
request from Ryan Koistinen for annexation and initial zoning of RA-1 (Residential Apartment)
for property located at 1801 and 1823 51h Avenue East, containing approximately 0.43 acres. A
public hearing has been scheduled before the Planning Board for April 12, 2021, beginning at 6:00
PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation
to the Kalispell City Council for final action.
BACKGROUND INFORMATION
The proposal involves two
properties that will be
subject to a boundary line
adjustment (Assessors
Tracts 8D and 8KA). The
applicant owns Tract 8D
(1823 5th Avenue East)
which is partially in the
city with a single-family
residence on the front
portion of the property that
is already in the city.
Flathead Electric
Cooperative, Inc. owns
Tract 8KA, which is also
partially in the city. The
boundary line adjustment
would take approximately
0.256 acres of vacant land
from Tract 8KA and add it
to Tract 81). This request would annex the entirety of the expanded Tract 81) into the city with an
RA-1 zoning designation, with a total of 0.43 acres to be annexed.
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.
1
A. Petitioner / Owner: Ryan Koistinen
1823 5th Avenue East
Kalispell, MT 59901
B. Location and Legal Description of Properties: The property is located at 1801 and 1823
5th Avenue East and can be described as a tract of land situated, lying and being in northeast
1/4 of the northwest 1/4 of Section 20, Township 28 North, Range 21 West, P.M., M., City
of Kalispell, Flathead County, Montana and being more particularly described as follows:
Commencing at the north 1/4 corner of said Section 20; Thence S00°06'49"W, a distance of
27.97 feet to the true Point of Beginning; Thence S00°06'49"W, a distance of 176.47 feet;
Thence S76°43'12"W, a distance of 88.75 feet; Thence N13°23'48"W, a distance of 171.63
feet; Thence N76°42'06"E, a distance of 129.97 feet to the Point of Beginning, containing
0.43 acres.
C. Existing Land Use and Zoning: The subject property itself is currently vacant, although
the two properties involved include a single-family residence on one and a Flathead Electric
substation on the other. The property to be annexed is zoned county R-4 (Two -Family
Residential), which is "A district to provide lot areas for urban residential development.
Development within the district will require all public utilities and all community facilities.
A duplex is allowed in this district."
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 "a residential district
intended 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." The proposed RA-1 zone is substantially
similar to the county R-4, with key differences being somewhat lesser setbacks and multi-
family as a conditionally permitted use.
Kalispell Zoning Exhibit
5th Ave East: Koistinen and Flathead Electric
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E. Size: The subject property is
approximately 0.43 acres.
F. Adjacent Zoning:
North:
City RA -I/ County R-4
East:
County R-4
West:
City RA -I
South:
City RA-I/County R-4
G.
Adjacent Land Uses:
North: Single-family
East: Single-family
West: Single-family; multi -family
South: Single-family
H. General Land Use Character: The general land use of the area is single-family residential
with some multi -family residential. About a block to the west is the edge of a primary
commercial area in the city, with offices, hotels, restaurants, and retail uses. 5th Avenue East
is a dead-end road with its terminus about two blocks to the south of the subject property.
L Utilities and Public Services: Water and sewer service are available within the 5th Avenue
East right-of-way adjacent to the property, and the single-family home currently has water
service. If any extensions were necessary to provide service, they would 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.
3
y
'0
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwestern Energy
Telephone:
CenturyLink
Schools:
School District 5 — Elrod Elementary/Flathead High School
Fire:
South Kalispell Rural Fire/City of Kalispell upon annexation
Police:
Flathead County Sheriff/City of Kalispell upon annexation
L ANNEXATION EVALUATION
A. Compliance with the growth policy: 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.
E
B. Municipal Services: The City of Kalispell has an extension of services plan that details
how services would be extended to the annexed property and services were recently
extended to the existing lots pursuant to that policy. Both sanitary sewer and water service
are available within the right-of-way adjacent to the property. The home on the portion
of the property already within the city currently has water service. Any additional
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 existing tract being expanded is currently within the city and is protected by the City
of Kalispell Fire and Police Departments, although the 0.43-acre area being annexed is
currently under the jurisdiction of the South Kalispell Rural Fire District and the Flathead
County Sheriff's office. The applicant has submitted a Notice of Withdrawal from Rural
Fire District. At the time of annexation, the property will be served by the Kalispell Police
and Fire Departments. The site lies approximately 1.1 miles from Fire Station 61, and is
readily serviceable by the city fire, police, and ambulance services.
Given the level of existing services available to the property, annexation will not
overburden the municipal services in place.
C. Distance from current city limits: The subject property is immediately adjacent to the
existing city limits line.
D. Cost of services: The typical cost of service analysis used by the City does not work well
within this situation. The tract that is expanding is already mostly within the city limits
with all necessary infrastructure in place. The added size does not change the number of
dwelling units or the likely use of the property upon annexation. It is possible that an
additional structure, such as an accessory dwelling unit ("ADU"), may be located on the
rear of the property at some point in the future. The potential increase in property size
would have no discernable impact on the cost of services but would generate an increase
in revenue for the city. If an ADU is added, no additional infrastructure would be required.
Impact fees and an increase in taxes would be paid to the city reflecting a proportionate
increase in the level of service.
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-4 (Two Family Residential). The applicants are requesting city RA-1
(Residential Apartment).
5
IKalispell Growth Policy Exhibit I
NORTH 5th Ave East: Koistinen and Flathead Electric
3
5
s�q�r �•oPer,y.
- commen�at
- Hgh 13—ty Residential
urban Resideabal
Suburban Rmiderrtial
cRyarPW-G-.
Publiciu—i Public. Opens
- Flwdway
n&u ral
Neigh—hccc CD —real
High
r)ensil
Redden
Urban Residential
mate 2-2s-2022 -"t���► Kalispell Development Services I
N Cadae ml data: 2-,0.2022 KALISPELL u a o s it
I. Does the requested zone comply with
the growth polig
The Kalispell Growth Policy Future Land
Use Map designates the subject property as
Urban Residential. The zoning ordinance
contemplates RA-1 as an appropriate zone
within that land use designation and the
adjoining land within the city limits is also
zoned RA-1. The requested zone complies
with the growth policy.
2. Will the requested zone have an effect
on motorized and non -motorized
transportation systems?
The access for the property is onto 5th
Avenue East. Since the existing property has
already been developed with infrastructure in
place, annexation and zoning of the additional
area would not change the impact on the
transportation systems. The potential future
addition of an ADU or other structure would
be limited in scope and would be reviewed
according to city regulations as part of any
future development. 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, water and sewer service will
be available upon annexation.
Will the requested zone promote the public health, safety and general welfare?
The general health, safety, and welfare of the public will be promoted through general
city regulations designed to regulate allowable uses. In this case, the requested zoning
classification of 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.
Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for any development occurring on this site are
established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided.
6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
All public services and facilities are available to the property.
7. Will the requested zone promote compatible urban growth?
The requested zoning is consistent with the type of growth projected for this area and is
consistent with the current zoning in both the city and the county in the vicinity. 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 RA-1 Zoning District is consistent with the surrounding residential
development in the immediate and general area. The proposed 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 RA-1 Zoning District will
promote compatible and like uses on this property as are found on other properties in the
area. Potential future development on the property will be reviewed for compliance with
zoning dimensional standards and design review criteria to ensure its appropriateness for the
area and compatibility with the surrounding neighborhood.
10. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
Urban scale development should be encouraged in areas where services and facilities are
available. In this case, water and sanitary sewer are located within the public right-of-way
adjacent to the property. The proposed zoning is consistent with the growth 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-22-01 as findings of fact and recommend to the Kalispell City Council that the property
be annexed and the zoning for the entire property be city RA-1 (Residential Apartment).
7
Development Services
crr3r �F Department
1K,A11,11SPE1L11, 201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
PETITION FOR ANNEXATION AND INITIAL ZONING
Email: planningQkalispell.com Website: www.kalispell.com
Project Name
Koistinen Residence
Property Address
1823 5th Ave E
NAME OF APPLICANT
Ryan Koistinen
Applicant Phone
307.763.2094
Applicant Address 1823 5th Ave E
City, State, Zip Kalispell, MT 59901
Applicant Email Address
amandakoistinen@gmail.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
same as applicant
Owner Phone
Owner Address
City, State, Zip
Owner Email Address
CONSULTANT (ARCH ITECTIENGINEER)
Jackola Engineering
Phone
755.3208
Address
2250 Hwy 93 S
City, State, Zip
Kalispell, MT 59901
Email Address
rerickson@jackola.com
POINT OF CONTACT FOR REVIEW COMMENTS Bob Erickson
Phone 755.3208
Address 2250 Hwy 93 S
city, State, Zip Kalispell, MT 59901
Email Address
rerickson@jackola.com
List ALL owners (any individual or other entity with an ownership interest in the property):
Ryan Koistinen
Amanda Koistinen
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
See attached.
Please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
Development Services
cl'i'Y OF Department
KAL I S P ELL 2011st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
0.700
1. Land In project (acres) 05101
2. Current estimated market value 203.100 n/a
Estimated market value of proposed development at 50% build out
Estimated market value of proposed development at 10(Dlid out $
3. Is there a Rural Fire Dept RSID or Bond on this property? I—J YES ✓ NO
If yes, remaining balance is: County R-4/ RA-1
4. Present zoning of property F a%-&ty R-41 RA-1
5. Proposed zoning of property RA-1
TGe ��di r[�1 cW � iGipal t t��Yh� �P"R&4qP$AW@jAiN Rg�dyg t western portion being in the County.
The property is divided by a municipal boundary with the western portion being in the City and the western portion being in the County.
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 State of Montana that the information submitted herein,
on all other submitted forms, documents, plans or any other information submitted as a part of this application, to
be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in
connection with this application be incorrect or untrue, I understand that any approval based thereon may be
rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell
City staff to be present on the property for routine monitoring and inspection during the approval and development
process.
Signature
Date
M
C'VYY _
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 $20 per acre
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
Return to:
Aimee Brunckhorst
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the South Kalispell Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
f'on r/ er Date
e2-I
Pet' Toner/ wrier Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
ss
County of Flathead County
On this _I I day of �Cl C,,,fy , �� , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared Ryan Koistinen known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
NA.S
JOHNNA SHAW
�pTA$I���
NOTARY PUBLIC fortlts r'
SEAL P
State of Montana
Residing at Kalispell, Montane
P�
MY Commission Expires
May 19, 2024
: ss
County of Flathead County
o Public, LtVf n�ontat���
Pnted Name
Residing at V,(A t`
My Commission expires: OVI A4)
On this _�� day of &L&ov , _R ak before me, the undersigned, a Notary Public for
the State of Montana, personally ap eared Amanda Koistinen known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
blic, State of Montana
t NOTARY PUBLIC UB IC or the Printed Name e LM,4-.
State of Montana Residing at Vkv,
` SEAL Residing at Kalispell, Montana My Commission expires: 9 a
of MoP�v MY Commission Expires
May 19, 2024
VICINITY MAP
V.
SITE
Legal Description
A tract of land situated, lying and being in northeast 1/4 of the northwest 1/4 of Section 20,
Township 28 North, Range 21 West, P.M., M., City of Kalispell, Flathead County, Montana and
being more particularly described as follows:
Commencing at the north 1/4 corner of said Section 20; Thence S00°06'49"W, a distance of
27.97 feet to the true Point of Beginning;
Thence S00°06'49"W, a distance of 176.47 feet; Thence S76°43'12"W, a distance of 239.44 feet
to the easterly right of way of Fifth Avenue East; Thence N13°19'48"W along said right of way, a
distance of 77.72 feet; Thence N76°43'56"E, a distance of 150.60 feet; Thence N13°23'48"W, a
distance of 93.94 feet; Thence N76°42'06"E, a distance of 129.97 feet to the Point of Beginning.
Containing 0.700 acres.
Legal Description -Annexation
A tract of land situated, lying and being in northeast 1/4 of the northwest 1/4 of Section 20,
Township 28 North, Range 21 West, P.M., M., City of Kalispell, Flathead County, Montana and
being more particularly described as follows:
Commencing at the north 1/4 corner of said Section 20; Thence S00°06'49"W, a distance of
27.97 feet to the true Point of Beginning;
Thence S00°06'49"W, a distance of 176.47 feet; Thence S76°43'12"W, a distance of 88.75 feet;
Thence N13°23'48"W, a distance of 171.63 feet; Thence N76°42'06"E, a distance of 129.97 feet
to the Point of Beginning. Containing 0.43 acres.
HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF:
a. Promoting the Growth Policy
The proposed zoning district would bring a non -conforming parcel divided by a municipal and
county boundary into conformance with the City zoning regulations. Currently a western portion
of the parcel is within a City RA-1 zoning district, with the western portion located within a
County R-4 zoning district. The proposed district would be consistent with the surrounding City
zoning designation of RA-1 and would maintain the character of the neighborhood.
b. Lessening congestion in the streets and providing safe access
The subject property is located on 5t" Avenue E on a dead-end segment of the city street. It is
not anticipated that annexation of the property would negatively impact the overall
transportation system. Although there are no immediate plans for development, any future
development would be subject to city review and regulations.
c. Promoting the public interest, health, comfort, convenience, safety, and general welfare
The proposed zoning designation will promote the health and general welfare of the public
by bringing the property into conformance with current zoning regulations. As previously
mentioned, there are no immediate plans for development of the property and any future
development would be subject to city review and regulations.
d. Preventing the overcrowding of land
The proposed RA-1 zoning designation restricts lot coverage to 45%, which would ensure that
any additional residential units would not overcrowd the available land if the subject property
were to be developed in the future.
f. Avoiding undue concentration of population
As discussed previously, the proposed zoning district is consistent with the Growth Policy
Future Land Use designations and neighboring urban development of the area. Any future
development of the property would need to be in compliance with City regulations and design
standards.
g. Facilitating the adequate provision of transportation, water, sewage, schools, parks, and other
public facilities
The property is currently served by municipal water and sewer facilities. Any future
development of the property would be subject to City standards and regulations as previously
mentioned.
h. Giving reasonable consideration to the character of the district
The proposed RA-1 zoning is consistent with the surrounding district and would result in the
subject property being entirely within a single zoning district.
i. Giving consideration to the peculiar suitability of the property for particular uses
The proposed RA-1 zoning district is consistent with the surrounding land uses and would bring
the currently non -compliant property into compliance with the zoning regulations.
j. Protecting and conserving the value of buildings
The value of buildings in the neighboring areas will be conserved. A portion of the property is
currently zoned RA-1, which is consistent with the surrounding neighborhood.
k. Encouraging the most appropriate use of land by assuring orderly growth
The subject property is consistent with the growth policy future land use designation and is also
compatible with current city RA-1 zoning district in the immediate area.
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JA Kalispell Growth Policy Exhibit
NORTH 5th Ave East: Koistinen and Flathead Electric
Subject Property
Commercial
Urban Mixed Use
High Density Residential
Urban Residential
Suburban Residential
City Airport -Gov.
Public/Quasi Public, Openspace
Floodway
Industrial
Neighborhood Commercial
18TH
I
Date 2-28-2022 y,� Kalispell Development Services
Mt Cadastral data: 2-10-2022 KALISPELL o 2so soo
Feet
NORTH Koistinen and Flathead Electric
® Subject Property
Mailing List Parcels
DN'Y
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18TH ST E
D
50
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Date 2-28-2022 Kalispell Development Services
Mt Cadastral data: 2-10-2022 KALISPELL 0 150 300eet
Kalispell Zoning Exhibit
5th Ave East: Koistinen and Flathead Electric
z:>uoiect rro
Residential
Residential/Professional
Central Business
Residential Apartment
Residential Apartment/Office
General Business
Core Area Business
Residential -
Public NORTH
9.1
B-2
18TH ST
1-1
Date 2-28-2022
Mt Cadastral data: 2-10-2022
RA-1
COUNTY
.�� Kalispell Development Services
o zso 50
KALISPELL Feet