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E3. Ord. 1881, Morning Star Second ReadingCITY OF KALISPELL Development Services Department 201 Is' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1881 — Morning Star Initial Zoning Second Reading MEETING DATE: June 20, 2022 BACKGROUND: Morning Star Community, Inc. has submitted an application for annexation and initial zoning of R-4 (Residential) for property located at 1717 South Woodland Drive containing 5.88 acres. The proposal would annex an existing 41-unit mobile home park to allow for the units to connect to city sanitary sewer, which is located within the South Woodland Drive right-of-way. NeighborWorks Montana, on behalf of Morning Star Community, Inc., requested that the City of Kalispell serve as a host for the submittal of a Department of Natural Resources (DNRC) Renewable Resources Grant Loan Program (RRGL) Grant and Montana Coal Endowment Program (MCEP) Grant application for the purpose of building the required infrastructure to connect to city sewer. Currently, there are 21 septic and drain field systems that were installed in 1973 and are at the end of their useful lifetime. At the April 18 City Council meeting, the Council agreed to host the application and authorized NeighborWorks Montana to submit applications. The property can be described as Lots 23, 24, and the North Half of Lot 9 of Block 1 of Greenacres, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell City Council, at their meeting on June 6, 2022, approved the first reading of Ordinance 1881 relating to the initial zoning unanimously. RECOMMENDATION: INITIAL ZONING: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1881, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Lots 23, 24, and the North Half of Lot 9 of Block 1 of Greenacres, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana., as City R-4 (Residential), 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: Ordinance 1881 May 10, 2022, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1881 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 23, 24, AND THE NORTH HALF OF LOT 9 OF BLOCK 1 OF GREENACRES, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R- 5) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Morning Star Community, Inc., 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 R-4 on approximately 5.88 acres of land; and WHEREAS, the property is located at 1717 South Woodland Drive; and WHEREAS, Morning Star's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-22-04, dated May 4, 2022, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Residential, 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-22-04. 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 R-4, Residential, on approximately 5.88 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 20TH DAY OF JUNE, 2022. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MAY 10, 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 Chad Graham, Doug Kauffman, Rory Young, Joshua Borgardt, Kurt Vomfell, Pip Burke, and Kevin Aurich. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. Keith Haskins represented the Public Works Department. ELECTION OF OFFICERS Graham asked if there were any nominations for President. Kauffman (PRESIDENT) nominated Graham and Vomfell seconded the nomination. ROLL CALL The motion passed unanimously on a vote of acclamation. ELECTION OF OFFICERS Graham asked if there were any nominations for Vice -President. (VICE-PRESIDENT) Vomfell nominated Kauffman and Young seconded the nomination. ROLL CALL The motion passed unanimously on a vote of acclamation. APPROVAL OF MINUTES Vomfell moved and Kauffman seconded a motion to approve the minutes of the April 12, 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. MORNING STAR COMMUNITY — The planning board will receive public comments regarding the MEPA REQUIRED PUBLIC environmental review record for the proposed sewer and water project COMMENTS that will provide city service to the Morning Star Court Community, as required by the Montana Environmental Policy Act (MEPA). Morning Star Court is a cooperatively owned affordable -housing mobile home community, consisting of 41 residential units, located at 1717 South Woodland Drive, Kalispell, MT. The community is proposing to abandon their aged onsite water and wastewater infrastructure and connect to adjacent City of Kalispell services. At the public hearing the proposed project will be explained, including the purpose and proposed area of the project, activities, budget, possible sources of funding, environmental review findings and any costs that may result for local citizens as a result of the project. All interested persons will be given the opportunity to ask questions and express opinions regarding the proposed project and any environmental impacts. Comments may be given verbally at the meeting or submitted in writing prior to May 10, 2022, at 5 p.m. Anyone wanting to review the environmental review record and project impacts or submit questions and comments should contact Jonathan Gass at WGM Group, (406) 728-4611. Copies of the draft environmental record is available at Kalispell City Hall Development Services Department, 201 1st Avenue East, Kalispell, MT 59901 and will also be available at the public meeting. PUBLIC COMMENT Jon Gass w/ WGM Group, representative for Morning Star Community, resented a brief power point for the board and public about the project Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page I 1 and the grants they are applying for. KA-22-04 — MORNING STAR A request from Morning Star Community, Inc. for annexation and initial COMMUNITY ANNEXATION zoning of R-4 (Residential) for property located at 1717 South Woodland Drive containing 5.88 acres. The proposal would annex an existing mobile home park to allow for the units to connect to city sanitary sewer, which is located within the South Woodland Drive right- of-way. The property to be annexed and zoned can be described as Lots 23, 24, and the North Half of Lot 9 of Block 1 of Greenacres, 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 Report #KA-22-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-4 (Residential). BOARD DISCUSSION Young asked about the road connections to the property on the south. PUBLIC COMMENT None. MOTION Vomfell moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-4 (Residential). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KA-22-02 & KPUD-22-01 - FARM Files #KA-22-02 and KPUD-22-01 — A request from Kelcey and DISTRICT Tawnya Bingham for annexation and initial zoning with a Commercial Planned Unit Development overlay on approximately 37.6 acres of land. The development, called the Farm District, would be a mixed -use development with a focus on an indoor youth athletic and arts facility along with commercial and residential uses. The property is located at the northwest corner of Highway 93 North and Church Drive and can be described as a tract of land situated, lying and being in the east half of the southeast quarter of Section 12, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana, and more particularly described as follows to wit: Lot 2 of Patterson Tracts, as shown on Certificate of Survey No. 17246 (both records of Flathead County, Montana) and containing 37.635 acres, subject to and together with a 60 foot county road known as Church Drive, subject to and together with all appurtenant easements of record. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-22-02 and KPUD-22-01. Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page 12 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be B-2 (General Business), with a PUD overlay. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-22-01 as findings of fact and recommend to the Kalispell City Council that the Farm District PUD be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Discussion regarding pulling building permits prior to final plat, condition 918 access off Church Dr, the geotechnical report requirement in condition 922 and site plans. PUBLIC COMMENT Eric Mulcahy — Land Use Planner, Sands Surveying, 2 Village Loop — representative for the applicant. Let the board know they are pleased with the conditions in the staff report. MOTION — KA-22-02 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report # KA-22-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be B-2 (General Business), with a PUD overlay. BOARD DISCUSSION Vomfell likes the project and feels it's very innovative. Graham noted he likes this visionary project and likes to see something coming though for youth. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-22-01 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-22- 01 as findings of fact and recommend to the Kalispell City Council that the Farm District PUD be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KPUD-22-02 — NOLLER TRUCK & A request from JCA Management, LLC, for a Commercial Planned Unit RV Development ("PUD") overlay on approximately 9.72 acres of land. The property is currently zoned B-2 with a placeholder PUD overlay, which requires a full PUD submittal prior to development. The proposal includes locating a truck and RV Center on the property. The property is located at 3178 Highway 93 South near the intersection of Highway 93 and the Bypass. It can be described as Assessor's Tract 3C, a tract of land situated, lying and being in the southeast quarter of the southeast quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, shown as Tract 1 of Certificate of Survey 21952 in the office of the Clerk and Recorder, Flathead County, Montana. Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page13 STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Reports #KPUD-22-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-22-02 as findings of fact and recommend to the Kalispell City Council that the PUD for Noller Truck and RV Center be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Discussion regarding the required developer's agreement in condition 92, sewer main extension requirements in condition 912 and the entrance on Hwy 93 and how it will be affected by the new development and MDT's involvement. PUBLIC COMMENT Lonnie Martin — Project Manager, CFS Engineers, Topeka, KS — representative for applicant — offered to answer any questions the board may have. Andy Matthews — 1000 Basecamp Dr — owner of Montana Basecamp RV Park — concerned with how this development will affect his RV Park. MOTION Vomfell moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-22- 02 as findings of fact and recommend to the Kalispell City Council that the PUD for Noller Truck and RV Center be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Discussion regarding the land use and zoning in the area. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Young recused himself from the Eagle Valley Ranch Addition KA-22-03, KGPA-22-01 & KZC-22- A request from Spartan Holdings for a zone change, growth policy map 03 — EAGLE VALLEY RANCH amendment and annexation and initial zoning of property, to be known ADDITION as Eagle Valley Ranch Addition on 6.8 acres of land at 3201 U.S. 93 North. The developer of Eagle Valley Ranch PUD has acquired land adjacent their development (Home Outfitters) and neighboring property currently within the County that is being requested to be included in the Eagle Valley Ranch PUD. The application includes a zone change of the existing Home Outfitters building which is City R-2 to the Eagle Valley Rand PUD, and annexation and initial zoning of surrounding County property from County SAG-10 to the Eagle Valley Ranch PUD. The request would also include a growth policy map amendment from suburban residential to urban mixed use on those properties annexing into the city, allowing for neighborhood commercial uses, similar to the commercial properties within the current Eagle Valley Ranch PUD. The goal of the change is similar to that of the original PUD which is to provide a diverse neighborhood close to existing services and commercial development on the north side of Kalispell and allows for inclusion of properties that are currently segregated from the development. The proposed development is generally situated along Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page 14 Highway 93 south of Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities in the West '/2 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A more particular legal description can be obtained at the Kalispell Planning office. BOARD DISCUSSION Discussion regarding the development of the property where the existing building sits and what requirements there might be if the building were to be torn down and the signal light that will be installed by MDT at Rose Crossing. PUBLIC COMMENT None. MOTION — KGPA-22-01 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KGPA-22- 01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Suburban Residential to Urban Mixed Use. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KA-22-03 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be City RA-2 (Residential Apartment) with the Eagle Valley Ranch PUD zoning overlay and conditions herein. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KZC-22-03 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-22-03 as findings of fact and recommend to the Kalispell City Council that the property be rezoned from City R-2 to City RA-2 with the Eagle Valley Ranch PUD zoning overlay and conditions herein. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RESEATED Young re -seated. KZTA-22-01— R-4 INTENT A request from the City of Kalispell for a zoning text amendment amending Section 27.07.010 of the Kalispell Zoning Ordinance. The amendment would change the intent of the R-4 (Residential) zoning district to include areas designated as suburban residential in addition to urban residential on the Kalispell Growth Policy Future Land Use Map. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZTA-22-01. Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page 15 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZTA-22-01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Discussion regarding how this will affect future land growth, the difference between R-3 and R-4, and allowable density with this change. PUBLIC COMMENT None. MOTION Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report # KZTA-22- 01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the recent city council meeting. NEW BUSINESS Nygren updated the board on the June planning board meeting. ADJOURNMENT The meeting adjourned at approximately 7:41pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page 16 MORNING STAR ANNEXATION ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION STAFF REPORT #KA-22-04 KALISPELL PLANNING DEPARTMENT MAY 4, 2022 This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a request from Morning Star Community, Inc. for annexation and initial zoning of R-4 (Residential) for property located at 1717 South Woodland Drive, containing approximately 5.88 acres. A public hearing has been scheduled before the Planning Board for May 10, 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 Morning Star Community, Inc. has submitted an application for annexation and initial zoning of R-4 (Residential) for property located at 1717 South Woodland Drive containing 5.88 acres. The proposal would annex an existing 41-unit mobile home park to allow for the units to connect to city sanitary sewer, which is located within the South Woodland Drive right-of-way. NeighborWorks Montana, on behalf of Morning Star Community, Inc., requested that the City of Kalispell serve as a host for the submittal of a Department of Natural Resources (DNRC) Renewable Resources Grant Loan Program (RRGL) Grant and Montana Coal Endowment Program (MCEP) Grant application for the purpose of building the required infrastructure to connect to city sewer. Currently, there are 21 septic and drain field systems that were installed in 1973 and are at the end of their useful lifetime. At the April 18 City Council meeting, the Council agreed to host the application and authorized NeighborWorks Montana to submit applications. This report evaluates the application in accordance with state and local regulations. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. A. Petitioner / Owner: Morning Star Community, Inc 1717 S Woodland Dr 929 Kalispell, MT 59901 B. Location and Legal Description of Properties: The property can be described as Lots 23, 24, and the North Half of Lot 9 of Block 1 of Greenacres, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. C. Existing Land Use and Zoning: The subject property itself is developed as a mobile home park. The property to be annexed is zoned county R-5 (Two -Family Residential), which according to the Flathead County Zoning Ordinance is "A residential district with minimum lot areas. 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 R-4 (Residential). The Kalispell Zoning Regulations state that the intent of the district is one that is "comprised of primarily single- family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." Mobile home parks are a conditionally permitted use in the district, and the proposed zoning is similar to the current county zone. AL Kalispell Zoning ■■■1■ ■■no.�� ■�� MENU: 1 • ■ �t �1 1111111����=■■ IIIIIIIIi1�1111 �'� ��, E. Size: The subject property is approximately 5.88 acres. F. Adjacent Zoning: North: City R-3/ County R-2 East: City R-3/County R-2 West: City R-2/County R-5 South: City R-3/County R-2 G. Adjacent Land Uses: North: Single-family East: Single-family West: Single-family South: Mobile home park/ Single-family 2 H. General Land Use Character: The general land use of the area is single-family residential along with an adjoining mobile home park. Most of the area developed as county subdivisions with septics. Over time, there were a number of city subdivisions developed in the area with water and sewer service, as well as areas that needed city sewer and were later annexed into the city. The general area is a mix of urban and rural standards, but the immediate area is distinctly residential. L Utilities and Public Services: Water and sewer service are available within the South Woodland Drive right-of-way adjacent to the property. 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. �- r r� i FORGE- -�1R kL I Sewer: Private/City of Kalispell available upon annexation Water: Private/City of Kalispell available upon annexation Refuse: Private/City of Kalispell available upon annexation Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Rankin Elementary/Flathead High School Fire: South Kalispell Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation 9 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 and adjacent to the current city limits. 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. 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. In this instance, connection to sewer is important with 21 septic systems on the property serving 41 units. The septics are failing and connecting to city sewer would be critical for public health. Annexation would allow for the connection to happen. The site is currently protected by the South Kalispell Rural Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from the Rural Fire District. At the time of annexation, the property will be served by the Kalispell Police and Fire Departments. The site lies approximately 1.25 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: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction Standards and any other development policies, regulations or ordinances that may apply. If annexed, the property owner will be extending and connecting to city sewer. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated rd with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis — Initial Annexation. To serve the existing mobile home park with sewer service the cost is estimated at $15,62.61. Based on the city's taxation and assessment policies, the property will generate approximately $16,004.15 in total annual revenue to the city ($2,114.44 in taxes and $13,889.71 in assessments). Based on this analysis, the annexation will be net gain to the city of approximately $383.54. Annexation of the mobile home park will also generate a one-time sewer impact fee of $97,252.00. IL 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-5 (Two Family Residential). The applicants are requesting city R-4 (Residential). AL Kalispell Growth Policy NORTH Lot 23 & 24 N112 Lot 9 Block 1 Green Acres Urban ResldeM.I Suburb. R-id—W -IMustrial ,n.�.0 E s Urban Residential c RrvER GLEN �i g�rL Hun '�-r i WfEH C f wUzu ort S x 3 Date 3-1 &2t122 Kalispell Development Services Mt Cad. —I d.Ne:&S2= KALISPEL.L '�� I. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The zoning ordinance contemplates R-4 as an appropriate zone within that land use designation. The R-4 zone is similar to both the current county zoning and city zoning in the surrounding area. Furthermore, the R-4 zone is the only zoning district which allows new mobile home parks, although, in this case, it would be considered an existing allowed use. 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 South Woodland Drive and Willow Glen. 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. 5 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police/fire protection, water and sewer service will be available upon annexation. 4. 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 R-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 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. The connection to city sewer is particularly important in this situation. The mobile home park has 21 existing septic systems that are failing. Annexation with the requested zoning would allow the units to connect to the sewer main. 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 suitability for particular uses? The proposed R-4 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 R-4 zoning district will promote compatible and like uses on this property as are found on other properties in the area. Any potential future development on the property will be reviewed for compliance on 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-22-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-4 (Residential). 7 Development Services ci rY off Department KAILI[SPEILIL 203 1st Avenue East Kalispell, MT 59901 Phone (406) 758 794U PETITION FOR ANNEXATION AND INITIAL ZONING Email: planningk-kalisoell.com Website: www.kalispell.com Project Name Morninq Star Communit Property Address 1717 S Woodland Dr Kalis e NAME OF APPLICANT Morning r unit In Applicant Phone 4064076444 Applicant Address City, State, Zip 1717 W I n Kalispell, MT 59901 Applicant Email Address dmaiden nwmt.or If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD MorningStar Community,Inc Owner Phone 4067551102 Owner Address 1717 S Woodland #29 City, State, Zip 1 Kalispell, MT 59901 Owner Email Address Lau rie.westendorf[a)-outlook.com CONSULTANT (ARCHITECT/ENGINEER) Phone Address [City,ate, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Danielle Maiden Phone 406-407-6444 Address 202 Fox Hill Dr City, State, Zip Kalispell, MT 59901 Email Address dmaiden nwmt.or List ALL owners (any individual or other entity with an ownership interest in the property): Morning Star Community, Inc. Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): GREENACRES S20, T28 N, R21 W, BLOCK 1 Lot 9, GREENACRES LOTS 23-24-9 N2 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. Cl'i'Y UN 1K,k1L11S1P1E1L1L I. Land In project (acres) 2. Current estimated market value 5.88 Estimated market value of proposed development at 50% build out $ Estimated market value of proposed development at 100% build out $ 3. Is there a Rural Fire Dept RSID or Bond on this property? nYES n NO If yes, remaining balance is: $ 4. Present zoning of property MH 5. Proposed zoning of property MH 6. State the changed or changing conditions that make the annexation necessary: Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 The community needs to retire the existing 21 septic systems on the property and connect to the City's Sew 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 3- Date Cl t'Y ON 1C'k1L11SP1E1L1L 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 S 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 201 1st 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 SM&tb I 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. Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) : ss County of 11 Flathead County r� On this day of C.0 4before me, the undersigned, a Notary Public for the State of Montana, personally appeared �jlv ftn `AjGtS'p_ or 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 eai the day and y ERIN M GLIDDEN Sq. b'� Notary Public for the Notarlai * State of Montana Notary Public, State of ontana Seal Residing at KALISPELL, MT Printed Namefro n 6?1;l1dew My Commission Expires ,rvt June 30, 2025 Residing at + a My Commission expire : STATE OF MONTANA } ss County of Flathead County On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared 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. Notary Public, State of Montana Printed Name Residing at _ My Commission expires: March 11, 2022 The Honorable Mayor Mark Johnson City of Kalispell PO Box 1997 Kalispell, MT 59903 Please accept this letter as an official request to the City of Kalispell to serve as a host for the submittal of a Department of Natural Resources (DNRC) Renewable Resource Grant Loan Program (RRGL) Grant and Montana Coal Endowment Program (MCEP) application to assist with the connection of Morning Star Community, Inc. to the City's Waste -Water System. Morning Star Community, Inc. is a 41-unit manufactured home community that is resident owned. The community is located at 1717 S Woodland, Kalispell. The community has been a resident owned community (ROC) since June 2017, they are providing residents with rent stability and permanently affordable housing. Currently, Morning Star Community operates 21 septic and drain field systems that were installed in 1973 (49 years old) and are at the end of their useful life. As part of this request, Morning Star Community, Inc is requesting to be annexed into the City of Kalispell and connect to public facilities for wastewater. NeighborWorks Montana (NWMT) provides technical assistance to the community and is working in conjunction with the DNRC and Department of Commerce on predevelopment activities to be completed for the project and produce a Preliminary Engineering Report (PER) by May 1,1 for the grant deadlines. NWMT will assist in the writing and management of the RRGL & MCEP grants, if approved, and continue to provide technical assistance oversight through the project. Please let us know what we can do to further explore the possibility of this request. NWMT Staff previously met with the City Community Development and Planning and Public Works Staff to discuss the conceptual plans and funding requirements for the project. We are excited for the next conversations to move the project forward in concert with the City of Kalispell. Thank you in advance for your consideration. Sincerely, (JWuCL ukz� Laurie Westendorf, Morning Star Community, Inc. Board President ESTIMATED COST OF SERVICES ANALYSIS (Initial Annexation) Project Name: Morning Star Annexation Date 4/29/2022 Calculated By: Kalispell Planning Department Number of acres proposed to be annexed: Number of commercial lots to be annexed: Average square foot per lot: Estimated market value of properties to be annexed: 5.88 85,378 $750,000 1. COST OF SERVICES UNDEVELOPED ACRES DEVELOPED ACRE COST/ACRE TOTAL Fire (budget $2,923,815) 0 5.88 ($107.37) ($631.34) Police (budget $4,890,061) 0 5.88 ($173.33) ($1,019.18) General Gov't Services (budget $4,991,138) 0 5.88 ($167.50) ($984.90) Subtotal ($2,635.42) SERVICE NO. OF UNITS COST/UNIT TOTAL Roads (Lineal feet of road to be maintained) 0.00 ($5.05) $0.00 Water (based on number of ERUs) 0.00 ($185.51) $0.00 Sewer (based on number of ERUs) 32.80 ($168.51) ($5,527.13) Wastewater Treatment (based on number of ERUs) 32.80 ($227.38) ($7,458.06) Stormwater 0.00 ($67.97) $0.00 Subtotal ($12,985.19) TOTAL ANTICIPATED COST OF SERVICE _ ( 15,620.61) 2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED Totalsquare foot to be annexed: 85,378 Number of lots: 3 ASSESSMENT AVE SQ FT ASSESSMENT TOTAL Storm sewer assessment: 85,378 0.020004 $ 5,123.00 Street maintenance assessment: 85,378 0.026226 $ 6,717.00 Urban forestry assessment (capped at $825 per parcel): 85,378 0.0047025 $ 1,204.47 Light maintenance assessment: 85,378 0.0033 $ 845.24 Average annual water and sewer usage charge $ - TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = 13,8 99.71 3. TAX REVENUE Assessed value perproperty: $ 250,000.00 NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 41 $ 750,000.00 $ 750,000.00 MARKET VALUE REAL ESTATE TAX VALUE Total taxable value: $ 750,000.00 0.0175 $ 13,125.00 MILLS LEVIED TOTAL Total tax revenue based on 756 mill levy: 0.76 $ 9,975.00 TOTAL CITY TAX REVENUE (based on 161.11 mill levy) = 2,114.44 4. IN PACT FEES UNIT QUANTITY COST PER UNIT otal sewer Impacee: ERU 32.8 $ 2,372.00 $97,252.00 otal Water impacee: ERU 0 $ 6,418.00 $0.00 otal Storm Impacee: ERU 0 $ 1,121.00 0.00 otal Police Impacee: Comm. Sq. Footage 0 $ 16.000 0.00 otal Fire Impacee: Comm. Sq. Footage 0 $ 350.00 0.00 Total Project Impact Fee = 97,252.00 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) 16,004.15 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $97,252.00 7. ANTICIPATED COST OF SERVICE (ITEM 1) (15,620.61) or 383.54 Kalispell Mailing List N- Lot 23 & 24, N1/2 Lot 9 Block 1 Green Acres L ■■ GS ® Subject Property Mailing List Parcels Date 4-13-2022 Kalispell Development Services Mt Cadastral data: 3-5-2022 KALISPELL o 50o t,000et Kalispell Growth Policy AORTH Lot 23 & 24 N1/2 Lot 9 Block 1 Green Acres Subject Property Urban Residential Suburban Residential uIndustrial Date 3-15-2022 Kalispell Development Services Mt Cadastral data: 3-5-2022 KALISPELL o 250 500Feet