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E2. Ord. 1893, Scholer ZoningKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1893 — Scholer/Russell Initial Zoning Second Reading MEETING DATE: October 17, 2022 BACKGROUND: Loucas Scholer and Sarah Russell (A/K/A Sarah Davis) have submitted applications for annexation and an initial zoning designation of R-4 (Residential) for two separate, but adjoining, 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 217B, 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. The Kalispell City Council, at their meeting on October 3, 2022, approved the first reading of Ordinance 1893 relating to the initial zoning unanimously. RECOMMENDATION: INITIAL ZONING: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1893, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property 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 217B, 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, as City R-4 (Residential), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1893 September 13, 2022, Kalispell Planning Board Minutes Staff Report Application Materials & Maps ORDINANCE NO. 1893 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTIES, MORE PARTICULARLY DESCRIBED AS 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 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 (PREVIOUSLY ZONED COUNTY R-1) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Loucas Scholer and Sarah Russell, the owners of the properties described above, petitioned the City of Kalispell that the zoning classification attached to the above - described tracts of land be zoned R-4 on approximately 0.93 acres of land; and WHEREAS, the properties are located at 2150 and 2152 Airport Road; and WHEREAS, Scholer's and Russell's petitions were the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-22-07, dated September 7, 2022, in which the Kalispell Planning Department evaluated the petition and recommended that the properties as described above be zoned R-4, Residential, as requested by the petitions; and WHEREAS, after considering all the evidence submitted on the proposal to zone the properties 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-22-07. 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 properties described above as R-4, Residential, on approximately 0.93 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 Development Services Department 9901 ELL 201 Kalispell, Avenue East Phone i406j 756.7940 Y4.ALI[S hone ) 7 5.7 PETITION FOR ANNEXATION AND INITIAL ZONING Email: planning(ftalispell.com Website: www•kalispell.com Project Name Property Ad�cssn r J G� /r � NAME '0"6d.S APPLICANT ApplicantPF ne Applicant Address A,r City, State, Zip �/ n4 a' 7 Applicant Email Address If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCH ITECTIEN GINE ER) Phone Address City, State, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Phone Address City, State, Zip i Email Address List ALL owners (any individual or other entity with an ownership interest in the property): 5 Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): q SE Lia I SES 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. CW( W 4 C:S'VV [)1= ]EC'NIL-ISIPIE]LIL 1, Land In project (acres) 2. Current estimated market value Estimated market value of proposed development at 50% build out Estimated market value of proposed development at 100% build out 3. Is there a Rural Fire Dept RSID or Bond on this property? nYES ___ENO If yes, remaining balance is'. 4. Present zoning of property Cot )V1R4-9J- S. Proposed zoning of property 13 6. State the changed or changing conditions that make the annexation necessary: Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wl answers): a. Promoting the Growth Policy b. Lessening congestion in the streets and providing safe access c. Promoting safety from fire, panic and other dangers d. Promoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowd ng of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities h. Giving reasonable consideration to the character of the district i. Giving consideration to the peculiar suitability of the property for particular uses j. Protecting and conserving the value of buildings k. Encouraginq the most appropriate use of land by assuring orderly growth hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Signature Date July 27, 2022 Development Services Department 201 1"' Avenue East Kalispell, MT 59901 Dear planning staff, We are requesting annexation into the City of Kalispell and this letter is in response to How will the proposed zoning district accomplish the intent and purpose of: Our residence (2152 Airport Rd, Kalispell) is currently in county R1 zoning. On Thurs. July 14th, the water well went out and was deemed inadequate/unusable even after a new pump was installed. We would like to utilize city water, and if possible, keep our septic system. I spoke to a member of the Planning Department over the phone today who informed me that the property is located within the city's future land use growth policy boundary, and that there are water and sewer utilities currently on Airport Rd. Thank you for your consideration. Luke Scholer and Kate Stocker Luke contact info: lukescholer live.com 406-871-0207 Kate contact info: kates.r894@gmail.com 406-850-3739 I�IIllllllafll��[111�106�ImlllllQ[I�ll� �11llll111lrMg�?$001 1334954 19 fees: 3133A0 7/17/2025 2:71 PH Date: 3uly 09, 2015 EXHIBIT 'A' LEGAL DESCRIPTION: Fife No.: 530263-R () That portion of the Southeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, described as follows: Commencing at the Southeast corner of said Section 19; thence South 89031'00" West and along the Southerly boundary of said Section 19, a distance of 30.00 feet to the Westerly right of way of Airport Road; thence North and along said Westerly right of way, a distance of 644.59 feet to the Southeast corner of Parcel E of Certificate of Survey No. 7748, records of Flathead County, Montana, and the True Point of Beginning of the tract herein described; thence continuing North and along the Easterly boundary of said Parcel E and along said Westerly right of way, a distance of 101.81 feet to the Southeast corner of Tract B of Certificate of Survey No. 3027, records of Flathead County, Montana; thence South 89008'24" West along the Southerly boundary of said Tract B, a distance of 197.55 feet to the Southwest corner of said Tract B; thence South 00016'53" East, a distance of 99.49 feet to a point on the Southerly boundary of said Parcel C; thence North 89048'51" East and along the Southerly boundary of said Parcel C, a distance of 197.04 feet to the Point of Beginning. Page 1 of 1 Property Record Card Summary Primary Information Property Category: RP Subcategory: Residential Property Geocode: 07-3966-19-4-02-70-0000 Assessment Code: 0000979158 [PdMiry Owner:j PropertyAddress: 2152 AIRPORT RD SCHOLER LOUCAS KALISPELL, MT 59901 2152 AIRPORT RD COS Parcel: KALISPELL, MT 59901-7504 NOTE: See the Owner tab for all owner information Certificate of Survey: Subdivision: t6gal Description: # S19, T28 N, R21 W, TR 21713 IN SE4SE4, ASSR #0000979158 Last Modified: 7/14/2022 4:23:18 AM General Property Information Neighborhood: 207.112.0 Property Type: IMP _R - improved Property - Rural Living Units: 1 Levy District: 07-131041-05 - Q 'Zoning? Ownership %: 100 Linked Property: Exemptions: No linked properties exist for this property No exemptions exist for this property Condo Ownership: General: 0 Limited: 0 Property Factors Topography: Fronting: Utilities: Parking Type: Access: Parking Quantity: Location: Parking Proximity: Land Summary Land Type Acres Value Grazing 0.000 00.00 Fallow 0.000 00.00 Irrigated 0,000 00.00 Continuous Crop 0,000 00.00 Wild Hay 0.000 00.00 Farmsite 0.000 00.00 ROW 0.000 00.00 NonQual Land 0.000 00.00 Total Ag Land 0,000 00.00 Total Forest Land 0.000 00.00 total Market Land, 0.460 t 74,059.00 Deed Information: Deed Date Book Page Recorded Document Document Type Date Number 7/17/2015 7/1712015 201500014953 Special Warranty Deed 2/27/2015 3/18/2015 201500005001 Quit Claim Deed 1/14/2015 212/2015 201500002088SherifrsCertificate/CertificateofRedemption/S Deed 12/22/200112/22/20081200800034110 Quit Claim Deed Owners Party #1 Default Information: SCHOLER LOUCAS 2152 AIRPORT RD Ownership %: 100 Primary Owner: "Yes" Interest Type: Conversion Last Modified: 3/22/2016 8:57:03 AM Other Names Other Addresses Name Type Appraisals Appraisal History Tax Year Land Value Building Value Total Value Method �4U22+�" " 74059 143641 217700 MK1- 2021 74059 143641 217700 MKT 2020 62055 124345 176400 MKT Market Land Market Land Item 41 Method: Sqft Width: Square Feet: 20.038 Valuation Class Code: 2101 Dwellings Existing dwellings Type: Primary Site Depth: Acres: Value: 74059 Dwelling Type Style Year Built SFR 1 08 - Conventional 1 1925 Dwelling Information Residential Type: SFR Style: 08 - Conventional Year Built: 1925 Roof Material: 5 - Metal Effective Year: 1985 Roof Type: 3 - Gable Story Height: 1.0 Attic Type: 3 Grade: 4 Exterior Walls: 1 - Frame Class Code: 3301 Exterior Wall Finish: 5 - Maintenance Free AlurninumiVinyl/Steel Year Remodeled: 1990 Degree Remodeled: Mobile Home Details Manufacturer: Serial #: Width: 0 Model; Length: 0 Basenneni Information Foundation: 2 - Concrete Finished Area: 0 Daylight: N Basement Type: 3 - Full Quality: Heating/Cooling Information Type: Central System Type: 5 - Forced Air Fuel Type: 3 - Gas Heated Area: 0 Living Accomodations Bedrooms: 3 Full Baths: 1 Addl Fixtures: 3 Family Rooms: 0 Half Baths: 0 Additional Information Fireplaces: Stacks: 0 Stories: Openings. 0 Prefab/Stove: 0 Garage Capacity: 0 Cost & Design: 0 Flat Add: 0 % Complete: 0 Description: Description: Dwelling Amenities View: Access: Area L;sed In Cost Basement: 672 Additional Floors: 0 First Floor, 672 Half Story: 0 Second Floor: 0 Depreciation Information CDU: Physical Condition: Fair (6) Desirability; Property: Fair (6) Location: Average (7) D pre':'alion Calc�ilation Age: 35 Pct Good: 0.61 Ad;litic-is l Other Features Additions Attic: 269 Unfinished Area: 0 SFLA: 941 Utility: Fair (6) RC N LD: 77850 Lower First Second Third Area Year Cost 11 - Porch. Frame, Open 48 0 1297 14 - Porch, Frame, Enclosed 84 0 4287 There are no other textures for this dwelling Other Buildings/improvements OL.tbt,=ldinglYard Improvement #1 Type: Residential Description: RRG3 - Garage, frame. detached, unfinished Quantitir: 1 Year Built: 1973 Grade: 5 Condition: Functional: Class Code: 3301 D:nieilsions Width/Diameter: Length: Height: Bushels: Commercial Existing Commercial Buildings No commercial buildings exist for this parcel AglForest Land AglForest Land No ag/forest land exists for this parcel Size/Area: 528 Circumference: ICkEISPIEUL < Ir�.r APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Departmont 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 201 1st Avenue East Kalispell, M7 59901 Phone (406) ISS-7940 Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the JCLJ if 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 Petitioners) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell. Petitioner/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 of 1 day of cam( , &9ORPefore me, the undersigned, a Notary Public for the State of Montana, persona I lyJappeare V Cc.S 5cj.�%c} te'r 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. W&�n� 6) AIMEE BRUNCKHORST NOTARY PUBLIC for the �L += State of Montana NOTAg1A SEAL *= Residing at l�,�s,�pI� MM.ppntana bf�t4�si sidn Expires December 0452024 Not ry Public, State of Montana Printed Name Residing at My Commission expires: 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 heishe 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: Development Services Department EiL 2011st Avenue East KAiuispiL Kalispell, MT 59901 Phone (406) 758.7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: planninciAkalisoell.com WebSite: www.kalispell.com Project Name Property Address S9961 NAME OF APPLICANT Applicant Phone - 97" Applicant Address ZkSv P:..r City, State, Zip T Applicant Email Address if not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECTIENGINEER) Phone Address City, State, Zip Email Address P01 T OF CONTACT FOR REVIEW COMMENTS it Phone Address City, State, Zip Email Address List ALL owners (any individual or other entity with an ownership interest in the property): 2`\' C Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): 1 yS 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. 75 Development Services C;r.,.Y Department 2 1st Avenue East ]KA]LISIP01EILIL Kalispell, MT 59901 Phone (406) 758-7940 1. Land In project (acres) 2. Current estimated market value Estimated market value of proposed development at 50% build out Estimated market value of proposed development at 100% build out 3. Is there a Rural Fire Dept RSID or Bond on this property? nYES 1 1 NO If yes, remaining balance is: 4. Present zoning of property 'R_X 5. Proposed zoning of property 6. State the changed or changing conditions that make the annexation necessary: HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wf answers): a. Promoting the Growth Policy b. Lessening congestion in the streets and providing safe access c. Promoting safety from fire, panic and other dangers d. Promoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities h. Giving reasonable consideration to the character of the district i. Giving consideration to the peculiar suitability of the property for particular uses j. Protecting and conserving the value of buildings k. Encouraoina the most aDDrooriate use of land by assuring orderly arowth 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 resent o he property for routine monitoring and inspection during the approval and development process. Date -oi ]FICNILIESPIE]LIL 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 8t 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 8t 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 $100 per acre Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further here ea prFff an intent to have the property as herein described withdrawn from the Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minitnu� ars from date of annexation. N Pet Toner/ ne 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 IS day of u tbefore me, the undersigned, a Notary Public for the State of Montana, person ly appeared L P""�ffjj 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 a ny Notary Seal the day and year in this certificate first above written. s+!". rJRSTIN ROBINSON NOTARY PUBLIC for the N ary Public, State of Montana * „ State of Montana (SEAL Residing at ftbk, Montartts printed Name Residing at MyCommion EOU My Commission expires: 5S County of Flathead County On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that heishe 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: July 31, 2022 Development Services Department 201 1 st Avenue East Kalispell, MT 59901 Dear planning staff, We are requesting annexation into the City of Kalispell and this letter is in response to How will the proposed zoning district accomplish the intent and purpose of: Our residence (2150 Airport Rd, Kalispell) is currently in county R1 zoning. On Thurs. July 14th, the well went dry and was deemed inadequate/unusable even after a new pump was installed. We would like to utilize city water, and if possible, keep our septic system. We spoke to a member of the Planning Department, who informed me that the property is located within the city's future land use growth policy boundary, and that there are water and sewer utilities currently on Airport Rd. Thank you for your consideration. Sarah Russell Sarah contact info: (928) 897-5678 arkansassweetpea@gmall.com 7/28/22, 7:02 PM Property Record Card PdntPropertyRecordCard Summary Primary Information Property Category: RP Subcategory: Geocode: 07-3966-19-4-02-60-0000 Assessment Code: 0000463875 Primary Owner: PropertyAddress: 2150 AIRPORT RD DAVIS SARAH AKA SARAH E KALISPELL, MT 59901 2150 AIRPORT RD COS Parcel: KALISPELL, MT 59901-7504 NOTE: See the Owner tab for all owner information Certificate of Survey: Subdivision: Legal Description: S19, T28 N, R21 W, TR 2FA IN SE4SE4, ASSR #0000463875 Last Modified: 7/14/2022 4:23:18 AM General Property Information Neighborhood: 207.112.0 Property Type: IMP_R - Improved Property - Rural Living Units: 1 Levy District: 07-131041-05 - Q Zoning: Ownership %: 100 Linked Property: Exemptions: Condo Ownership: General: 0 Property Factors Topography: Utilities: Access: Location: Land Summary No linked properties exist for this property Exemption Type TIF Number Property Tax Assistance Program Property Tax Assistance Program Limited: 0 Fronting: Parking Type: Parking Quantity: Parking Proximity: Land Type Acres Value Grazing 0.000 00.00 Fallow 0.000 00.00 Irrigated 0.000 00.00 Continuous Crop 0,000 00-00 Wild Hay 0.000 00.00 Farmslte 0.000 00.00 ROW 0.000 00.00 NonQual Land 0.000 00.00 Total Ag Land 0.000 00.00 Total Forest Land 0.000 00.00 Total Market Land 0.470 74,733.00 Deed Information: Deed Date Book Page Recorded Date Document Number Document Type svc.mt.gov/msf/MTCadastraVPrintPropertyRocardCard/GotPmportyR@cordCardData?Geocode-07396619402600000&year=2022 V3 7/28/22. 7:02 PM PrintPropertyRecordCard 2/6/2015 21112016 2111500002470 Special Warranty Deed 2/2/2015 10/5/2015 201500023344 Quit Claim Deed 1/29/2014 1/29/2014 201400001923 Warranty Deed Owners Party #1 Default Information: DAVIS SARAH AKA SARAH E 2150 AIRPORT RD Ownership %: 100 Primary Owner: "Yes" Interest Type: Conversion Last Modified: 1/21/2016 2:35:30 PM Other Names Other Addresses Name Type Appraisals 1ppraisal History Tax Year Land Value Building Value Total Value Method 2022 74733 67880 142613 COST 2021 74733 67880 142613 COST 2020 52686 47140 99826 COST Market Land Market Land Item #1 Method: Sqft Width: Square Feet: 20,473 Valuation Class Code: 2101 Dwellings Existing Dwellings Type: Primary Site Depth: Acres: Value: 74733 Dwelling Type Style Year Built MH DW 1971 Dwelling Information Residential Type: MH Style: DW Year Built: 1971 Roof Material: 5 - Metal Effective Year: 1985 Roof Type: 3 - Gable Story Height: 1.0 Attic Type: 0 Grade: A Exterior Walls: Class Code: 3301 Exterior Wall Finish: 5 - Maintenance Free AluminumNinyl/Steel Year Remodeled: 0 Degree Remodeled: Mobile Home Details Manufacturer: Serial #: VW0045 Width: 0 Model: Length: 0 Basement Information Foundation: 1 - Wooden or Masonry Piers/Posts Finished Area: 0 Daylight: Basement Type: 0 - None Quality: Heating/Cooling Information sve.mt.govlmsllMTCadastrallPrintPropertyRecordCardlGetPropertyRecordCardData?Geocode=07396619402600000$year=2022 713 7128/22, 7:02 PM Type: Central Fuel Type: 3 - Gas Living Accomodations Bedrooms: 3 Family Rooms: 0 Additional Information Fireplaces: PrintPropertyRewrdCard System Type: 5 - Forced Air Heated Area: 0 Full Baths: 2 Half Baths: 0 Stacks: 0 Openings: 0 Garage Capacity: 0 Cost & Design: 0 % Complete; D Description: Dwelling Amenities View: Access: Area Used In Cost Basement: 0 Additional Floors: C First Floor: 2208 Half Story: 0 Second Floor: 0 Depreciation Information CDU: Physical Condition: Fair (6) Desirability: Property: Average (7) Location: Average (7) )reciation Calculation Age: 35 Pct Good: 0.26 Additions / Other Features Additions Addl Fixtures: 3 Stories: Prefab/Stove: 1 Flat Add: 0 Description: Attic: 0 Unfinished Area: 0 SFLA: 2208 Utility: Fair (6) IZ163►111ex-10.1, Lower F ' Second Third Area Year Cost 69 - Garage, Frame, Unfinished 360 0 15835 11 - Porch, Frame, Open 224 0 6052 69 - Garage, Frame, Unfinished 504 0 20552 33 - Deck, Wood 112 0 1518 There are no other features for this dwelling Other Buildings/improvements OutbuildingNard Improvement #1 Type: Residential Description: RRG3 - Garage, frame, detached, unfinished Quantity: 1 Year Built: 1964 Grade: 3 Condition: Functional: Class Code: 3301 Dimensions Width/Diameter:24 Length:32 Size/Area:768 Height; Bushels: Circumference: Commercial Existing Commercial Buildings No commercial buildings exist for this parcel Ag/Forest Land Aglrorw Lana No aglforest land exists for this parcel svc.mt.gov/msVMTCadastrallPrintPropertyRecordCard/GetPropertyRer,ordCardData?Goocode=07396619,402600000&year=2022 35 r 1 i i cc < � 1 I N N M M 3 I E I I I 2E 1 1 I - � F. I � � I H I i � I rf � ' ID 'EN TRL 1 I f 2FA I i r ' E 1 2152 2FB i f� 7 2160 .7180 2160 •2160 Flathead County, red, ilERE, GIS user community n, (o)0penStreetM contributors, and the Gar Flathead County 013 Department 800 South Main Street CO) Kalispell, Montana 59901 N = 1rU1� mi VL f. 0 0.0050,01 0.02 — 0.03 0.04 S The areas deplafed on these maps are for itusfretive purposes only and do not necessarily meet mapping, surveying, or engmasnag standards. Do riving conclusions from thro map is done at the user s sasumed risk. sa ra"'h D(X ° L-s �, � i S � � � 1 �,IIII�lIIlNl�liil�lllillllgli�ll�llllil�li1111�"il�lli�l�l�illliiilllil naOeOl pebble v,enan. Flathead County HT by Me Feec 57.00 SP/5/7015 tL31 AH QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this p� day of Q��t�CL1R first party, to RO 44 h 3 _ Dc- V 1 S WPI4fl �Ip whose post office address is 14Q191 IV. uS Pu> `1 a 3 Dblct_dl Spr,nclS Az- T&41111 1 to second pa whose post office address is l �F>� Rol aso A „ WITNESSETH, That the said first party, for good consideration and fcr the sum of Dollars ($ ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the followin described parcel of land, and improvements and appurtenances thereto in the County of •R ct.� V\A ct_G1 , State of %'(6v)40-n to wit: ` �}a'rCe-i No e 0 ��0L-1 U At` 1��,� C.arld Utz t +� N �kk - m o s, 1u�1� � � 1�` ► �'S G fts?Ir CPU u v 40 � c�' �1 h so6W1Cct-)s4- �aa4e? or S Ci 10w5h'. ,7 Z �U� � �},CL/W E 2- Gc�AS�j Ss e 551n� v�� LD S --PCI Q 3'9'7 S� COC'�()--7 -(pb-COO' S rlt a �� t� �� r �V� OU L15�f o,rt� v > IN WITNESS WHEREOF, The said first party has signed and sealed these presents the. day O and year first above written. 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J p pN 9•• $3S w r� D hO+ �R~7C� to W R Oq 0 0) = —'0 R to -0 -l. IA M ot r CL 0 m OF 0 %A ■= vi -C 0 IA -9"a CL W ,JCL ix UD is o < tA IA 'A 6 a n -C X :r mo 0 JA X 0 m F a cul, m ENNIS Noun mono mmolm CITY OF Kalispell Zoning KALISPELL 2150 and 2152 Airport Road FI-1 1 0 1 1 L ------- L� I-1 Q 0 Subject Parcels P-1 eadawlark 1Uv " v— Q Q p a z o ❑ a B-1/PUD P-1 Subect Parcels B-1 Neighborhood Business w/PUD RA-1/PUD I-1 Light Industrial P-1 Public R-4 Residential 3 RA-1 Residential Apartment RA-1 Residential Apartment w/PUD Data Sources: Montana Cadastral, N 0 135 270 540 810 Flathead County GIs. Feet City of Kalispell GIs, Basemap: Austin Bachurski - 8/11/2022 Esri Community Maps, ArcGIS.Com CITY OF Kalispell Growth Policy KALISPELL 2150 and 2152 Airport Road ® Subect Parcels Floodway Industrial Public Openspace Suburban Residential Urban Residential 93 Suburban Residential 93 Data Sources: Montana Cadastral, Flathead County GIs. City of Kalispell GIs, Austin Bachurski - 8/11/2022 0 I J Subject Parcels N 0 135 270 540 810 Feet Basemap: Esri Community Maps, ArcGIS.com CITY OF Kalispell Mailing List ® Subject Parcels Mailing List Parcels KALISPELL 2150 and 2152 Airport Road 0 Other Parcels E. 0 I :rganser Data Sources: Montana Cadastral, Flathead County GIs. City of Kalispell GIs, Austin Bachurski - 8/10/2022 [I=193W,rill 540 810 Feet Basemap: Esri Community Maps, ArcGIS.com ESTIMATED COST OF SERVICES ANALYSIS (Initial Annexation) Project Name: Scholer/Russell Annexation Date 9/8/2022 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: 0.93 20,255 $400,000 1. COST OF SERVICES UNDEVELOPED ACRES DEVELOPED ACRES COST/ACRE TOTAL Fire (budget $2,923,815) 0 0.93 ($107.37) ($99.85) Police (budget $4,890,061) 0 0.93 ($173.33) ($161.20) General Gov't Services (budget $4,991,138) 0 0.93 ($167.50) ($155.78) Subtotal Mllir Rkl 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) 2.00 ($185.51) -1.02) Sewer (based on number of ERUs) 0.00 ($168.51) $0.00 Wastewater Treatment (based on number of ERUs) 0.00 ($227.38) $0.00 Stormwater 0.00 ($67.97) $0.00 Subtotal ($371.02) TOTAL ANTICIPATED COST OF SERVICE 2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED Total square foot to be annexed: 40,510 Number of lots: 2 ASSESSMENT AVE SQ FT ASSESSMENT TOTAL Storm sewer assessment: 20,255 0.020004 $ 405.18 Street maintenance assessment: 20,255 0.026226 $ 531.21 Urban forestry assessment (capped at $825 per parcel): 20,255 0.0047025 $ 95.25 Light maintenance assessment: 20,255 0.0033 $ 66.84 Average annual water and sewer usage charge $ - TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = 2,196.96 3. TAX REVENUE Assessed value per property: $ 11,200,000.00 NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 2 $ 400,000.00 $ 1,120,000.00 MARKET VALUE REAL ESTATE TAX VALUE Total taxable value: $ 200,000.00 0.0175 $ 3,500.00 MILLS LEVIED TOTAL Total tax revenue based on 756 mill levy: 0.76 $ 2,660.00 TOTAL CITY TAX REVENUE (based on 161.11 mill levy) = 1,127.77 PACT FEES UNIT QUANTITY COST PER UNIT otal Sewer Impacee: ERU 0 $ 3,054.00 $0.00 otal Water Impacee: ERU 2 $ 2,016.00 $4,032.00 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 = 4,032.00 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $3,324.73 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $4,032.00 7. ANTICIPATED COST OF SERVICE (ITEM 1) ($787.85) 0r 2,536.88