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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 =■■■■■ ■■■■ =� w ■■■■■ N■■■I �N N .. . NEON■�■ ■■■ ■ ■ � memo o 11111 1111=��t� ■ �tt♦11111111 ' -�� .�111 � �■■ � .._ONNo C MEN 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 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 $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). 'W"'qh.. Kalispell Growth Policy KALISPELL 1721 5 Woodland Dr Public n ® Subject P-1 ye p e Camnxrcnal - High D—ty Residential ■ Indusd ial _ Public Open p_ suburban Resdendal ■ Urban P—Inntal N 0 105 370 740 1110 A�th..d C—,*v CIS. Feet ❑ty of KAgAl G6, Basemap: wa:, ad�ur-✓yam Esri Community Maps, ArcGIS.Com 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