H2. Res. 6107, Ord. 1894, Green Acres Annexation and ZoningCITY 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: KA-22-08 — Green Acres Cooperative Annexation
MEETING DATE: October 3, 2022
BACKGROUND: Green Acres Cooperative, Inc., has submitted a request for annexation and an
initial zoning designation of R-4 (Residential) for property located at 1721 South Woodland Drive.
Most, if not all, of the 32 mobile home units existing on the property are already connected to city
sewer. The annexation is to allow any remaining units to connect and to improve the sewer
infrastructure presently serving the site, which is in need of an upgrade. This project is connected to
the Morning Star annexation, grant application, and sewer project for the mobile home development
on the adjoining property to the north. That property was annexed in June of 2022.
The property can be described as Lot 21 of Block I of Greenacres, according to the official plat
thereof filed in official records of Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on September 13, 2022, to consider
the request. Staff presented staff report KA-22-08 providing details of the proposal and evaluation.
Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend
to the Council that the request for annexation and initial zoning be granted.
No comments were received at the public hearing. The public hearing was closed and motions were
presented to adopt staff report KA-22-08 as findings of fact and recommend to the Kalispell City
Council that the property be annexed and that the initial zoning designation be R-4 (Residential).
Board discussion concluded that the request was appropriate, and the motions were approved on a
unanimous vote.
RECOMMENDATIONS:
ANNEXATION: It is recommended that the Kalispell City Council approve Resolution 6107, a
Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as
an annexation property which can be described as Lot 21 of Block 1 of Greenacres, according to the
official plat thereof filed in official records of Flathead County, Montana.
INITIAL ZONING: It is also recommended that the Kalispell City Council approve the first reading
of Ordinance 1894, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell
zoning ordinance 1677, by zoning certain real property described as Lot 21 of Block 1 of Greenacres,
according to the official plat thereof filed in official records 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: Resolution 6107
Ordinance 1894
September 13, 2022, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 6107
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS LOT 21 OF BLOCK 1 OF GREEN ACRES,
ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN OFFICIAL RECORDS OF
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS GREEN ACRES COOPERATIVE
ADDITION NO. 461, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE
KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from Green Acres Cooperative, Inc., the
owner of the above -referenced property, requesting the City of Kalispell annex the
territory into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-22-08, dated September 7, 2022; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City R-4, Residential, upon annexation into the City of Kalispell;
and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property described as Lot 21 of Block I of Green Acres,
according to the map or plat thereof on file and of record in the office of the
Clerk and Recorder of Flathead County, Montana, be annexed to the City of
Kalispell and the boundary of the City is altered to so provide.
SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in
the City of Kalispell and shall be entitled to the same privileges and benefits
as are other parts of the City.
SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 3RD DAY OF OCTOBER, 2022.
Mark Johnson
Mayor
ATTEST:
Judi Funk
Deputy City Clerk
ORDINANCE NO. 1894
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOT 21 OF BLOCK 1 OF
GREEN ACRES, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN
OFFICIAL RECORDS OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY R-2) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Green Acres Cooperative, 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 4.34 acres of land; and
WHEREAS, the property is located at 1721 South Woodland Drive; and
WHEREAS, Green Acres Cooperatives' petition was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-22-08, dated September 7, 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-22-08.
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 4.34 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 17TH DAY OF OCTOBER, 2022.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
September 13, 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, Pip
Burke, Kurt Vomfell, and Kevin Aurich. PJ Sorensen, Kari Barnhart,
Katharine King, and Jarod Nygren represented the Kalispell Planning
Department.
APPROVAL OF MINUTES
Vomfell moved and Aurich seconded a motion to approve the minutes of
the July 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 COURT
A request for public comment regarding the Morning Star Court
COMMUNITY WATER &
Community Water and Wastewater Improvement Project application to
WASTEWATER IMPROVEMENT
the Montana Department of Commerce, Community Development Block
PROJECT
Grant Planning Grant Public and Community Facilities Grant program.
This proposed project will be explained, including the purpose and
proposed area of the project, activity, budget and possible sources of
funding.
STAFF REPORT
Nygren introduced representative Danielle Maiden with NeighborWorks
Montana who gave a brief description of the project.
PUBLIC HEARING
None.
MORNING STAR COURTGREEN
A request for public comment regarding the Green Acres Court
ACRES COURT COMMUNITY
Community Wastewater Improvement Project application to the Montana
WATER & WASTEWATER
Department of Commerce, Community Development Block Grant
IMPROVEMENT PROJECT
Planning Grant Public and Community Facilities Grant program. This
proposed project will be explained, including the purpose and proposed
area of the project, activity, budget and possible sources of funding.
STAFF REPORT
Nygren introduced representative Danielle Maiden with NeighborWorks
Montana who gave a brief description of the prqject.
PUBLIC HEARING
None.
KA-22-07 — SCHOLER
File #KA-22-07 — A request from Loucas Scholer and Sarah Russell
ANNEXATION
(A/K/A Sarah Davis) for annexation and initial zoning designation of R-
4 (Residential) for two properties located at 2150 and 2152 Airport Road.
The annexation is to allow the properties to be connected to city water due
to a failing well. The properties can be described as (a) Tract B of
Certificate of Survey No. 3027, a tract of land situated, lying, and being
in the southeast quarter of the southeast quarter of Section 19, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, and (b)
Assessors Tract 2FB, being a portion of the southeast quarter of the
southeast quarter of Section 19, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana. A full metes and bounds description
is available upon request.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KA-22-07.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-22-07 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).
Kalispell City Planning Board
Minutes of the meeting of September 13, 2022
Page I 1
BOARD DISCUSSION
None.
PUBLIC HEARING
Sarah Russell — 2150 Airport Rd — requested annexation approval so her
house can have water service.
Katherine Stocker — 2152 Airport Rd — requested annexation approval so
her house can have water service.
MOTION — KA-22-07
Kauffman moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-22-07
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-22-08 — GREEN ACRES
File #KA-22-08 - A request from Green Acres Cooperative, Inc., for
COOPERATIVE ANNEXATION
annexation and initial zoning designation of R-4 (Residential) for property
located at 1721 South Woodland Drive. The annexation is to allow the
property to be connected to city sewer due to a failing septic system for
an existing mobile home park. The property can be described as Lot 21
of Block I of Greenacres, according to the official plat thereof filed in
official records of Flathead County, Montana.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KA-22-08.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-22-08 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.
PUBLIC HEARING
No comments.
MOTION — KA-22-08
Vomfell moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-22-08
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.
KCU-22-02 — EAGLES LOT
File #KCU-22-02 — A request from Montana Hotel Development Partners
DEVELOPMENT
and Bill Goldberg for a conditional use permit for a parking structure and
for additional height over sixty (60) feet, which is the height allowed by
right. The building would contain approximately 242 parking stalls on
four levels of parking with general commercial uses on the ground floor
and 78 residential units on the upper floors. The building would be eight
(8) stories, or approximately 88 feet tall. The property is located at
103/125 First Avenue West and can be described as Lots 17-24 of Block
46 of the Kalispell Original Township, as shown on the map or plat thereof
on file and of record in the office of the Clerk and Recorder, Flathead
County, Montana.
Kalispell City Planning Board
Minutes of the meeting of September 13, 2022
Page 12
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed Staff
Report # KCU-22-02.
Staff recommends that the Kalispell Planning Board adopt staff report
#KCU-22-02 as findings of fact and recommend to the Kalispell City
Council that the conditional use permit be approved.
BOARD DISCUSSION
Vomfell had questions regarding the purpose and need for the additional
height and where the burden to provide parking for the additional 78 units
falls. Sorensen responded that it is to allow for the residential component
and aesthetic components that blend in with downtown. Borgardt asked
staff for clarification regarding parking requirements for the apartments.
Nygren explained that the RFP only required parking for the hotel and that
this structure is adding additional spaces. Burke asked if shadows from
the structure have been considered. Shane Jacobs from A&E Design
presented a sun study for the proposed site. Aurich had questions
regarding the average height of Main Street buildings. Sorensen
responded they are 25-35 feet but in 2001, unlimited height became
allowable with a CUP. Nygren stated that there are buildings well over
100ft in historic districts throughout the state and that as an urban
environment is built, it is impossible to not to go higher. Young stated that
an 8-story building would not be visible from Main Street. Burke asked
what the reason is for the extra height. Jacobs explained that they
continued a parapet height to match the hotel across the alley. Young
requested staff to address the public comments from DM&L made on
behalf of the Kalispell Grand Hotel owners. Sorensen stated that the only
point relevant to CUP review is regarding the Downtown Plan. The
specifics of the plan do not say that downtown should be fixed by not
allowing anything outside of the height or scope. It is about having new
development and redevelopment fit within the general feeling of what is
there. Development and redevelopment are not fixed in the strict historical
sense. Nygren stated it is important for the public to know that regarding
the TIF, there is a submitted application to the Urban Renewal Agency.
Nygren added that the proposal that is in place is not changing and that it
is financed by the developer.
PUBLIC HEARING
John Hinchey — 534 4"' Ave E — opposes 8 stories because it greatly
exceeds any other structures in Kalispell aside from the Silos. It would
dwarf the shops along Main Street and feels that it is a disservice to the
100 years of history that is trying to be protected.
David Mitchell — 249 Sherry Lane —wants the Board members to
understand how important of a decision this is and feels that the building
is too large for the site. He is not sure that the mass of the building fits.
MOTION — KCU-22-02
Young moved and Vomfell 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 following conditions.
BOARD DISCUSSION
Young discussed the Board's responsibility under a Conditional Use
Permit; hear the public and then to assess the level and degree of the
positive and negative impacts of the conditional use, then make a
recommendation to City Council. He feels that additional 78 units is good
for downtown redevelopment and that the impact is more positive than
negative. Graham agreed and commented that the residential area will
Kalispell City Planning Board
Minutes of the meeting of September 13, 2022
Page13
barely be visible from the street. Burke feels that what is being presented
is a great opportunity for Kalispell. Graham feels that the building fits and
that additional housing is a good thing. Borgardt stated that this is a good
design. The Board discussed the benefits of this building.
ROLL CALL
Motion passed unanimously on a roll call vote.
OLD BUSINESS
Nygren updated the board on the September 6t1' City Council Meeting.
Sorensen presented housing figures that show the increase of new housing
units in Kalispell since 2018 and the average median home prices in the
Valley and Lake County.
NEW BUSINESS
Nygren updated the board on the upcoming October 11t1' Planning Board
Meeting and the of possibility of developing a better process to annex
properties with failed wells.
ADJOURNMENT
The meeting adjourned at approximately 7:18 pm.
Chad Graham
President
APPROVED as submitted/amended:
Kirstin Robinson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of September 13, 2022
Page 14
GREEN ACRES COOPERATIVE ANNEXATION
ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION
STAFF REPORT #KA-22-08
KALISPELL PLANNING DEPARTMENT
SEPTEMBER 7, 2022
This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a
request from Green Acres Cooperative, Inc. for annexation and initial zoning of R-4 (Residential)
for property located at 1721 South Woodland Drive, containing approximately 4.34 acres. A
public hearing has been scheduled before the Planning Board for September 13, 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
Green Acres Cooperative, Inc., has submitted a request for annexation and an initial zoning
designation of R-4 (Residential) for property located at 1721 South Woodland Drive. Most, if not
all, of the 32 mobile home units existing on the property are already connected to city sewer. The
annexation is to allow any remaining units to connect and to improve the sewer infrastructure
presently serving the site, which is in need of an upgrade. This project is connected to the Morning
Star annexation, grant application, and sewer project for the mobile home development on the
adjoining property to the north. That property was annexed in June of 2022.
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: Green Acres Cooperative, Inc
1721 South Woodland Dr
Kalispell, MT 59901
B. Location and Legal Description of Properties: The property can be described as Lot 21 of
Block 1 of Greenacres, according to the official plat thereof filed in official records 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-2 (Two -Family Residential), which
according to the Flathead County Zoning Ordinance is "A district to provide for large -tract
residential development. These areas will typically be found in suburban areas, generally
served by either sewer or water lines."
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.
Kalispell Zoning
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E. Size: The subject property is
approximately 4.34 acres.
F. Adjacent Zoning:
North: City R-4
East: County R-2
West: City R-3/County R-2
South: County R-2
G. Adjacent Land Uses:
North:
Mobile Home Park
East:
Storage
West:
Single-family
South:
Single-family
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
2
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.
Sewer:
City of Kalispell
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
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 is
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 previously
extended to the existing lot 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 issues related to the functioning of the system and improving the city
sewer connection would be critical for public health. Annexation would allow for that 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
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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 $2,578.61. Based on the city's taxation and assessment policies, the
property will generate approximately $13,346.42 in total annual revenue to the city
($3,157.76 in taxes and $10,186.66in assessments). Based on this analysis, the annexation
will be net gain to the city of approximately $10,767.81. Annexation of the mobile home
park will also generate a one-time sewer impact fee of $4,886.40.
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).
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1. Does the requested zone comply with
the rthpolicy?
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 Haven Drive. 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.
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 upgrade of the connection
to city sewer is particularly important in this situation. Annexation with the requested zoning
would allow the units to connect to the sewer main.
7. Will the requested zone promote compatible urbangrowth?
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.
on
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
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-22-08 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
CITY OF Kalispell Zoning
KALISPELL 1721 S Woodland Dr
Subject Parcel
B-5 Industrial Business
I-1 Light Industrial
R-2 Residential
0 Elm EASE R-3 Residential
MEMO MEN R-4 Residential
MEN RA-1 Residential Apartment
■■■Unzoned Right of Way
MIMMIN
off
Q
Parc
el
MIME rban
Q! �
NEON
Data Sources:
Flathead County GIs. Feet
City of Kalispell GIs, Basemap:
'ectVZA
P rce`I
Urban
Residential
�IndTus�t'ri'al
Public Or
Openspace
CITY OF
Kalispell Mailing List ®Subject Parcel
KALISPELL 1721 S Woodland Dr CMailing List Parcels
Other Parcels
e
Data Sources:
0
ag Ln
Montana Cadastral, N
Flathead County GIs.
City of Kalispell GIs,
Austin Bachurski - 8/16/2022
0
T
0 112.5225 450 675
Feet
Basemap:
Esri Community Maps, ArcGIS.com
ESTIMATED COST OF SERVICES ANALYSIS (Initial Annexation)
Project Name: Green Acres Cooperative Annexation
Date 9/7/2022
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:
4.34
189,050
$1,120,000
1. COST OF SERVICES
UNDEVELOPED
ACRES
DEVELOPED ACREE
COST/ACRE
TOTAL
Fire (budget $2,923,815)
0
4.34
($107.37)
($465.99)
Police (budget $4,890,061)
0
4.34
($173.33)
($752.25)
General Gov't Services (budget $4,991,138)
0
4.34
($167.50)
($726.95)
Subtotal
($1,945.19 )
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)
1.60
($168.51)
($269.62)
Wastewater Treatment (based on number of ERUs)
1.60
($227.38)
($363.81)
Stormwater
0.00
($67.97)
$0.00
Subtotal
($633.42)
TOTAL ANTICIPATED COST OF SERVICE
2. ANTICIPATED
CITY ASSESSMENT REVENUE GENERATED
Total square foot to be annexed:
189,050
Number of lots:
1
ASSESSMENT
AVE SQ FT
ASSESSMENT
TOTAL
Storm sewer assessment:
189,050
0.020004
$ 3,781.76
Street maintenance assessment:
189,050
0.026226
$ 4,958.03
Urban forestry assessment (capped at $825
per parcel):
189,050
0.0047025
$ 825.00
Light maintenance assessment:
189,050
0.0033
$ 623.87
Average annual water and sewer usage charge
$
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE
CHARGES =
10,188.66
3. TAX REVENUE
Assessed value per property:
$ 11,200,000.00
NO. OF UNITS
PROPERTY VALUE
TOTAL
Total assessed value:
1
$ 1,120,000.00
$ 1,120,000.00
MARKET VALUE
REAL ESTATE TAX
VALUE
Total taxable value:
$ 1,120,000.00
0.0175
$ 19,600.00
MILLS LEVIED
TOTAL
Total tax revenue based on 756 mill levy:
0.76
$ 14,896.00
TOTAL CITY TAX REVENUE (based on 161.11 mill levy) = 3,157.76
PACT FEES
UNIT
QUANTITY
COST PER UNIT
otal Sewer Impacee:
ERU
1.6
$
3,054.00
$4,886.40
otal Water Impacee:
ERU
0
$
2,016.00
0.00
otal Storm Impacee:
ERU
0
$
618.00
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
$4,886.40
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $13,346.42
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $4,886.40
7. ANTICIPATED COST OF SERVICE (ITEM 1) ($2,578.61)
0r 10,767.81
DocuSign Envelope ID: 260CBB4C-6F92-472D-97B5-FCF266CBF887
Development Services
ci r3r �F Department
Kalispell, MT 59901
1K:A11ASPE11JL 2011st Avenue East
Phone (406) 758-7940
PETITION FOR ANNEXATION AND INITIAL ZONING
Email: planning CaNalispell.com Website: www.kalispell.com
Project Name
Green Acres Cooperative, Inc.
Property Address
1721 South Woodland Drive Kalispell, MT 59901
Green Acres Cooperative, Inc.
pp scan one
4064076299
Applicant Address
1721 South Woodland Drive
i y, a e, ip
Kalispell, MT 59901
Applicant maiAddress
dmaiden@nwmt.org
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD Green Acres Cooperative, Inc.
Owner Phone
OwnerAddress
1721 South Woodland Drive
City, SFate, Zip
Kalispell, MT 59901
Owner Email Address tlittle.1127@gmail.com
CONSULTANT (ARCHITECTIENGINEER)
Phone
Address
City, State, Zip
Email Address
Danielle Maiden
Phone
4064076299
Address
202 Foxhill Drive
City, State, Zip
Kalispell, MT, 59901
Email Address
dmaiden@nwmt.org
List ALL owners (any individual or other entity with an ownership interest in the property):
Green Acres Cooperative, Inc.
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
Lots 21 & 22 of Block 1 of the Green Acres subdivision in Flathead County, Montana, 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 property is located within the northeast quarter of
Section 20, T28N, R21W, P.M.MT. The physical address of the subject property is 1721 S. Woodland Drive, Kalispell, MT.
DM 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.
DocuSign Envelope ID: 260CBB4C-6F92-472D-97B5-FCF266CBF887
Development Services
Department
011st Avenue East
KAL I P ELL
Kalispell, MT 59901
Phone (406) 758-7940
1. Land In project (acres)
4.6
2. Current estimated market value
$1,120,000
Estimated market value of proposed
development at 50% build out $1,120,000
Estimated market value of proposed
development at 100% build out $1,120,000
g. Is there a Rural Fire Dept RSID or Bond on this property?
n
YES
n
NO
If yes, remaining balance is:
$
4. Present zoning of property
R-2
5. Proposed zoning of property
CityR-4
6. State the changed or changing conditions that make the annexation necessary:
The community is currently partially connected to the city's sewer, however the internal lines lave failed and the infrastructure
is inadequate for future use. Therefore the community needs to be fully connected to City Sev er.
HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURI OSE OF (attach separate sheet w/ 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 othe 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
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.
—DocuSigned by:
8/1/2022
pplicant Signature Date
DocuSign Envelope ID: 260CBB4C-6F92-472D-97B5-FCF266CBF887
CAA Y ".
KALISPELL
APPLICATION PROCESS
(application must be received and accepted by the
Kalispell Planning Department 35 days prior to the
Planning Board Hearing)
A pre -application meeting with a member of the planning staff is required.
Application Contents:
1. Completed application form & attachments
2. Completed Petition to Annex and Notice to Withdrawl from the
Rural Fire District form (attached), including an Exhibit A, legal
description of the property.
3. A bona fide legal description of the subject property and a map
showing the location and boundaries of the property.
*Note - verify with the Flathead County Clerk &
Recorder that the legal description submitted is
accurate and recordable. They can be reached at (406)
758-5526.
4. Electronic copy of the application materials submitted. Either
copied onto a disk or emailed to planning@kalispell.com (Please
note the maximum file size to email is 20MB)
5. Application fee based on the schedule below, made payable to
the City of Kalispell:
Annexation $250
(includes initial zoning) plus $20 per acre
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 755-7940
DocuSign Envelope ID: 260CBB4C-6F92-472D-97B5-FCF266CBF887
Return to:
Aimee Brunckliorst
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the South Kalispell Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
DocuSign Envelope ID: 260CBB4C-6F92-472D-97B5-FCF266CBF887
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell.
Peti er/Owner Date
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 Flathead County
On this (9q, _day of k , 2-E, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared xrn"r-rw k,.; Wi o 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
ss
County of Flathead County
��6- a
Notary ublic, State of Montana
Printed Named
Residing at
My Commission expires: hQ+ Zj\
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:
a) The proposed zoning district promotes the Growth Policy by helping achieve one or more key
goals and providing a necessary community connection, facility, or infrastructure component,
allowing them to prepare for long-term growth.
b) N/A
c) The proposed zoning district will accomplish the intent and purpose of promoting safety from
panic and other dangers by taking action to address the immediate community needs of the
current failing septic systems and inadequate water system at Green Acres. It is a much -needed
project that has been wearing on the minds of residents.
d) The promotion of public interest, health, comfort, convenience, safety, and general welfare is
the overall intent of the proposed zoning district. Being able to access the City's sewer services
will prevent the spread of waterborne diseases and eliminate the ongoing expense of repairs for
this fixed -income community so that the families within may thrive.
e) N/A
f) N/A
g) A rezoning to connect to City sewer will allow Green Acres to facilitate the adequate provision of
their sewage.
h) N/A
i) N/A
j) The affordable homes this community offers will better retain their value without the constant
construction and damage caused by sewer line maintenance.
k) N/A