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I2. Ordinance 1878, Blue Duck ZoningKALisPEii. 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: KZC-22-02 — Blue Duck Zone Change MEETING DATE: May 2, 2022 BACKGROUND: John Todd has submitted a request to change the current zoning of property located at 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. The requested change is in anticipation of changing the use of the existing dry cleaner on the property to an indoor golf simulator. The properties are located at 128 and 130 2nd Street East and the entirety of the properties 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. The Kalispell Planning Board held a duly noticed public hearing on April 12, 2022, to consider the request. Staff presented staff report KZC-22-02 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 be granted. No comments were received at the public hearing. The public hearing was closed and a motion was presented to adopt staff report KZC-22-02 as findings of fact and recommend to the Kalispell City Council that the zone change from RA-2 (Residential Apartment/Office) to B-4 (Central Business) be approved. Board discussion concluded that the request was appropriate, and the motion was approved on a unanimous vote. RECOMMENDATION: ZONE CHANGE: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1878, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by rezoning certain real property 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, from RA-2 (Residential Apartment/Office) to B-4 (Central Business) in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1878 April 12, 2022, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1878 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 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 (PREVIOUSLY ZONED CITY RA- 2) TO CITY B-4 (CENTRAL BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, John Todd, the applicant for one of the properties described above, petitioned the City of Kalispell that the zoning classification attached to the above -described tract of land be zoned B-4 on approximately 0.44 acres of land; and WHEREAS, the property is located at 128 and 130 2nd Street East; and WHEREAS, Todd's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-22-02, dated April 6, 2022, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-4, Central Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-4, Central 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. KZC-22-02. 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-4, Central Business, on approximately 0.44 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 BLUE DUCK ZONE CHANGE — STAFF REPORT #KZC-22-02 KALISPELL PLANNING DEPARTMENT APRIL 6, 2022 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from John Todd for a zone change from RA-2 (Residential Apartment/Office) to B-4 (Central Business). A public hearing has been scheduled before the Planning Board for April 12, 2022, 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 John Todd has submitted a request to change the current zoning of property located at 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. The requested change is in anticipation of changing the use of the existing dry cleaner on the property to an indoor golf simulator. A: Applicant: John Todd 535 5th Ave E Kalispell, MT 59901 B: Location: The properties are located at 128 and 130 2nd Street East and the entirety of the properties 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. C: Existing Land Use and Zoning: The subject properties contain an office building, parking lot for city hall, and a dry cleaner which has closed and is being converted to other uses. The zoning of the property is RA-2 (Residential Apartment). Section 1 27.10.010 of the zoning ordinance states that the RA-2 district is intended to "provide areas for residential development including multi -family housing and compatible non- residential uses of high land use intensity. This district would typically serve as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the Central Business District. This zoning district would typically be found in areas designated as urban mixed use, high density residential and commercial on the Kalispell Growth Policy Future Land Use Map." D: Proposed Zoning: Per Section 27.14B.010 of the zoning ordinance, the B-4 zone is a "business district intended to set apart that portion of the city which forms the center for financial, commercial, governmental, professional and cultural activities. This district is not intended for general application throughout the planning area. This zoning district would typically be found in areas designated as commercial on the Kalispell Growth Policy Future Land Use Map." The applicant intends to convert the dry cleaner to an indoor golf simulator, which would not be allowed under the current zoning. It would be allowed as a permitted use in the proposed B-4 zone. Kalispell Zoning Exhibit Lotst 2 & 3 sum Prepe4 Residenfial RResidentalfPrdessimal ■ CeMW Business r ResiderNalAparunent ResidentalApwrentrOili e General Business J Con= Area Business Residenfial - Pu- c NORTH Nor >1 e-d� ...... P-ffPL1R ID ate 2-26-2022/1a�lwti Kalispell Development Services Mt Cadastral data: 2-10-2022 � o +LiwuL � O D. Size: The subject property is approximately 0.44 acres. E: Adjacent Zoning: North: P-1 East: RA-2 South: B-4 West: B-4 F: Adjacent Land Uses: North: Central School Museum; Park; School Facility; City Hall Parking East: Bank South: Multi -Family Residential; Church West: City Hall; Offices; Library G: General Land Use Character: The area is on the edge of the core downtown area, which includes a wide range of commercial, offices, restaurants, and residential uses. The properties are immediately adjacent to City Hall and on the same block as the county library. Residential uses become more predominant a block to the east. There is a drive -through bank facility and other commercial uses between the residential area and the subject properties. H: Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 45 (Hedges/Flathead High School) Fire: City of Kalispell Police: City of Kalispell 3 ZONE CHANGE EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the zoning map amendment request in accordance with state and local regulations. 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. The subject property is currently zoned RA-2 (Residential Apartment/Office). The applicant is requesting B-4 (Central Business). 1. Does the requested zone comply with the growth polices - Kalispell Growth Policy Exhibit NORTH Lots 1, 2 u 3 _ _ - leban abed use E - High De ity Residential wean Resid—eal sueud>an Residenval cayairpw-G—. Public PublidQuasi Public, o---p- Open space - Fl-day - Indust -I Neigh:anc�cc . al E TIZZ"WO fi Subject Property m Urban Mixed Use Commercial y� E 1 l 1 t� E Date 2-26-2122 „;"li d Kalispell Development Services Mt Cadas ml data: 2-10-M22 KALISPELL ° 15 FeH The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Mixed Use. The zoning ordinance anticipates a wide range of potential zoning districts with that designation, including business districts. Being adjacent to the B- 4 zone makes the half block extension of the zone a logical designation rather than creating a small pocket with other types of commercial zoning. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zoning of B-4 will have minimal effect on the motorized and non - motorized transportation system. The existing zoning already allows uses with a similar 4 traffic demand. The properties have sidewalks on all frontages as part of the downtown grid system. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the properties in the case of an emergency. There are no features related to the properties which would compromise the safety of the public. All municipal services including police/fire protection, water and sewer service are available to the properties. 4. Will the requested zone promote the public health, safety and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classification of B-4 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 reasonable provisions for adequate light and air? Setback, height, and lot coverage standards for new development in the area of the zone change are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. The current zoning has minimum lot sizes of 6,000 square feet and minimum lot width of 50 feet, with setbacks of 15 feet in the front, 5 feet on the side, 10 feet in the rear, and 15 on the side corner, as well as a maximum 50% lot coverage and 45-foot maximum height. The B-4 has no minimum lot sizes, lot width, setbacks, or maximum lot coverages. Height is limited to 60 feet, but more height is allowed with a conditional use permit. It is not anticipated that any substantial additional construction will occur in the foreseeable future on any of the properties. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The property is located within city limits and all public services and facilities are currently available to the property. The requested zone will not alter any of the public requirements and standards are in place for provision of services. 7. Will the requested zone promote compatible urban growth? The B-4 zoning district is the central business district, as distinguished from general business zones elsewhere in the city. The zone change would extend the B-4 on a portion of half of a block in an area that has already developed in a manner consistent with the B- 4. The nature of the zone is consistent with the surrounding area and would promote compatible growth. 5 8. Does the requested zone give consideration to the character of the district and its particular suitabil . of the grope . for particular uses? The proposed B-4 zone allows for a variety of uses, both commercial and residential. As noted above, the property is adjacent to the B-4 and has already developed in a manner consistent with that zone. It is part of the same city grid pattern and is suitable for the uses allowed in that district. 9. Will the proposed zone conserve the value of buildings? Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria, to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods. The conservation of values of the existing buildings in the vicinity depends largely on the design and construction quality of the potential development in the area of the zone change, which will be subject to city review. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. RECOMMENDATION 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). 10 Development Services Department 201 1st Avenue East Kalispell, 59901 ICAILISPEILIL Phone (406) 758-794-7940 ZONING MAP AMENDMENT Email: I�y�7a kalispell.com Website: www.kalispell.com Project Name Property Address NAME OF APPLICANT I�AO Applicant Phone 1406 - 0 - S2 Applicant Address TH City, State, Zip ';jib Applicant Email Address If not curre caner, please attach a letter Korn a current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone o tio - ID - a 47-1 Owner Address S T" hvtt CO City, State, Zip G w+r` S Owner Email Address rt/1 CONSULTANT (ARCHITECT/ENGINEER) Phone L ft afta 6 ko (o _ 63 Address City, State, Zip Email Address Or � POINT OF CONTACT FOR REVIEW COMMENTS Phone Address City, State, Zip Email Address List ALL owners (any individual or other entity with an ownership interest in the property): :17cp A JD 4%4- r Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Please initial here indicating that you have verified the description with the Flathead County Clerk and cor er and that the description provided is in a form acceptable to record at their office. Development Services Department 201 1st Avenue East L I S T ELL Kalispell, ) 7 S9901 Phone(406j758-794-7940 Land in zone change (acres): Present zoning of above property- a �. Proposed zoning of above property: Lk p e State the changed or changing conditions that make the proposed amendment necessary: I J � Cf lYetii r 41 L+t fi .. ►ate` s.#.i - A tlmal 151116141 Mit ts W16- . arm A c0 It - hm- SAIL- iDrubw t JJ Is --AV4 480. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet w/ answers): a. Promoting the Growth Po icy b. Lessening congestion in the Weels and providing safe access c. Promoting safety from fire, panic and other dangers d. Promoting the public interest, health, comfort, convenience, safety and genera welfare e Prevent ng 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 su labi'ity of the property for particular uses i Protecting and conserving the value of build.ngs k Encourag;ng the most appropriate use rf 'and by assur.ng order y 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 inorrect 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. IS t Applica Date KAILISPEILIL APPLICATION PROCESS (application must be received and accepted by the Kah=_pell 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: Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 7SB-7940 1. Completed application form & attachments 2. Petition for zone change signed by the real property owner(s). 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 emalled 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: Zone Change: Base Fee $550 *for the first 80 acres of area of the request add $20 per acre *for the next 81+ acres add $10 per acre HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wf answers): a. Promoting the Growth Policy The Blue Duck will promote growth by developing a new form of entertainment for the downtown Kalispell Golf and hunting simulation. We are hoping to inspire new small businesses and restaurants to invest in the community b. Lessening congestion in the streets and providing safe access There will 4 private parking spols in the south lot that will adequately accommodate the guest. c. Promoting safely from fire, panic and other dangers All additions will up to fire code. The building will be provided with multiple emergency exits on either side of the structure. The foundation and the building itself are extremely well built. Any modifications made to the building are to improve safety. d. Promoting the public interest, health, comfort, convenience, safety and general welfare We intend to be good for the moral interest and health of the community. We will provide a family friendly environment that parents can enjoy with their children, and visitors of all backgrounds will feel welcome u. Preventing the overcrowding of land Preventing overcrowding will be accomplished by giving the community an alternative option for entertainment f. Avoiding undue concentration of population Each simulator bay houses four occupants with two simulators. We are expecting minimal to no impact on concentration of population. g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities All utilities are going to be upgraded and up to code to suite the need for water, sewage, schools, and parks. We want to stimulate interest of the youth to encourage healthy indoor hobbies. 01. Giving reasonable consideration to the character of the district Downtown Kalispell is beautiful destination for visitors from around world. We intend to maintain the historical integrity of Kalispell, with a tasteful modernization that compliments N's unique character. I. Giving consideration to the peculiar suitability of the property for particular uses Our distinctive trait is that we are the only golf/ hunting simulation lounge in town. j. Protecting and conserving the value of buildings Changing the zoning to 4B will make all properties within the jurisdiction more valuable and versatile. The property value wrl increase after significant investment into the buildings utilities: ADA accessibility, modernized energy, and internal/ externs esthetics. k Encouraging the most appropriate use of land by assuring orderly growth We are utilizing every square inch of this unique property. The budding is sized to allow a maximum of two simulator bays. The private parking behind the building is expected to accommodate customers with minimal impact on city parking congestion. IRec ed Electron' y County Date ome m ifl e.00m 8W.490.%57 AND WHEN RECORDED MAIL TO: John R. Todd 535 5th Ave. E Kalisoeil, MT 59901 Filed for Record at Request of: Space Above This Line for Recorder's Use Only Insured Titles Order No.: 1018448-FT Parcel No.: 0844600 WARRANTY DEED FOR VALUE RECEIVED, S & 13 Rental, LLC hereinafter called Grantors), do(es) hereby grant, bargain, sell and convey unto John R. Todd whose address is: 535 5th Ave. E, Kalispell, MT 59901 Hereinafter called the Grantee, the following described premises situated in Flathead County, Montana, to -wit: The Easterly 25 feet of Lots 1 and 2, and the Easterly 25 feet of the Northerly 37.5 feet of Lot 3, all in Block 57 of Kalispell, according to the recorded plat thereof, records of Flathead County, Montana, more particularly described as follows: Beginning at the Northeast corner of said Lot 1; thence Southeasterly along the Easterly line of said Lots 1,2 and 3, a distance of 137.5 feet to a point; thence Southwesterly on a line parallel with the Northerly boundary of said Lot 3, a distance of 25 feet to a point; thence Northwesterly and parallel with the Easterly line of said Block 57 a distance of 137.5 feet to a point on the Northerly line of said Block 57: thence Northeasterly along the said Northerly boundary of Block 57 a distance of 25 feet to the place of beginning. SUBJECT TO covenants, conditions, restrictions, provisions, easements and encumbrances apparent or of record. TO HAVE AND TO HOLD the said premises, with its appurtenances unto the said Grantees and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all Page I of 2 encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: January 2022 STATE OF Montana ) ss. COUNTY OF Flathead ] This instrument was acknowledged before me on January, 2022, by S & B Rental, LLC by Steven Sutherland as Sole Member . ., � 11 NOTARY PUBLIC or the SEAL of Montana Residing at Kalispell, Montana Residing 9pF My commission Expires �,pt�P May 20, 2023 My Page 2 of 2 for the State of Montana ion Expires: February 16, 2022 To the Development Services Department, City of Kalispell, Mt To Whoom it may concern; 1 consent to changing our property at 128 2nd St E, Kalispell MT 59901 from RA-2 residential zoning to B-4 central bush ess zoning. Best Regards, Villa Normandy, LLC 67 Overlook Ridge Kalispell, Mt. S9901 Ken Benesh Chief Executive Manager I-/t96- 2-2-S-'Z0 �':) JA Kalispell Growth Policy Exhibit NORTH Lots 1, 2 & 3 Subject Property Commercial Urban Mixed Use High Density Residential Urban Residential Suburban Residential City Airport -Gov. Public/Quasi Public, Openspace Floodway Industrial Neighborhood Commercial Public Open Space Date 2-28-2022 y,� Kalispell Development Services Mt Cadastral data: 2-10-2022 KALISPELL 0 125 250 Feet - Blue Duck NORTH ® Subject Property Mailing List Parcels 1\ Date 2-28-2022 Kalispell Development Services Mt Cadastral data: 2-10-2022 KALISPELL 0 125 250eet