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