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E4. Ord. 1914, Meadowlark 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 1914 — Meadowlark Trailer Court Initial Zoning — Second Reading MEETING DATE: October 16, 2023 BACKGROUND: Wayne Perry, Inc, has submitted a request for annexation and initial zoning of R- 4 (Residential) for approximately 5.97 acres located at 2160 and 2166 Airport Road. The property contains the Meadowlark Trailer Court with 31 mobile homes as well as an existing single-family residence. The primary reason for annexation is to allow for the connection of the property to city sanitary sewer. The property can generally be described as Assessors Tract 2D in the Southeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and Lot 4 of Keith -Smith Tract Number One, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. A specific legal description is attached as Exhibit A. The Kalispell City Council, at their meeting on October 2, 2023, unanimously approved the annexation and the first reading of Ordinance 1914 relating to the initial zoning. RECOMMENDATION: INITIAL ZONING: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1914, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as shown on Exhibit A, attached hereto and incorporated by reference, 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 1914 September 12, 2023, Kalispell Planning Board Minutes Staff Report Application Materials & Maps ORDINANCE NO. 1914 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 ASSESSORS TRACT 2D IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND LOT 4 OF KEITH-SMITH TRACT NUMBER ONE, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND AS FURTHER DESCRIBED ON EXHIBIT "A" (PREVIOUSLY ZONED COUNTY R-1 AND R-5) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Wayne Perry, Inc., the owner of the property described above, petitioned that the zoning classification attached to the above -described tract of land be zoned R-4 on approximately 5.97 acres of land; and WHEREAS, the property is located at 2160 and 2166 Airport Road; and WHEREAS, Wayne Perry's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-23-06, dated September 12, 2023, 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-23-06. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as R-4, Residential, on approximately 5.97 acres of land. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF OCTOBER, 2023. ATTEST: Judi Funk Deputy City Clerk Mark Johnson Mayor Exhibit A Legal Description A tract of land in the Southeast Quarter Southeast Quarter (SE1j4 SE1j4) of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the point which is 30.00 feet West of the Southeast corner of said Section 19; thence North a distance of 322.50 feet to the Place of Beginning of the tract to be herein described; thence North and along the Westerly boundary of a County Road a distance of 322.50 feet; thence West along a line which is parallel with the South boundary of said Section 19, a distance of 645.00 feet; thence South and along a line which is parallel with the Easterly boundary of said Section 19, a distance of 322.50 feet! thence East a distance of 645.00 feet to the Place of Beginning. AN D; Lot 4 of Keith -Smith Tract Number One, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, 1/1 fa 1 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING September 12, 2023 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning Commission CALL was called to order at 6:00 p.m. Board members present were Chad Graham, Joshua Borgardt, Pip Burke, Kevin Aurich, Rory Young, Doug Kauffman, and Tim Stocklin. Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Young moved and Kauffman seconded a motion to approve the minutes of the August 8, 2023, 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. KA-23-06 — MEADOWLARK A request from Wayne Perry, Inc, for annexation and initial zoning of R-4 TRAILER PARK ANNEXATION (Residential) for approximately 5.97 acres. The property contains the Meadowlark Trailer Court with 31 mobile homes as well as an existing single-family residence. The primary reason for annexation is to allow for the connection of the property to city sanitary sewer. The property is located at 2160 and 2166 Airport Road. The property can be legally described as Assessors Tract 2D in the Southeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (a specific metes -and -bounds description is available upon request), and Lot 4 of Keith -Smith Tract Number One, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-23-06. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-23-06 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 The board asked staff if there is future development planned; Sorensen advised that the applicant is not looking at any redevelopment. PUBLIC COMMENT Toby McInstosh — 2350 Hwy 93 S — Representative for the applicant — Provided a brief summary of the project and offered to answer any questions the board may have. BOARD MEMBER SEATED Young recused himself from KA-23-06; he is a representative of the applicant. MOTION — KA-23-06 Kauffman moved and Aurich seconded that the Kalispell Planning Board adopt staff report #KA-23-06 as findings of fact and recommend to the Kalispell City Council that the subject property be annexed and the zoning for the property be approved per staff report. BOARD DISCUSSION Aurich stated that the annexation makes sense. ROLL CALL Motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of September 12, 2023 Page I 1 BOARD MEMBER RE -SEATED Young re -seated. KCU-23-04 — KYNZIE LANE File #KCU-23-04 — A request from Ted's Development, LLC, for a conditional use TOWNHOMES permit to allow four attached townhouses on property located at 1715 '/2 5t" Avenue East (Kynzie Lane). The property can be legally described as Lot 4 of Subdivision 182, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-23-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-23-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION None. PUBLIC COMMENT Kim Torgerson — 1130 Lake Point Dr. Bigfork — Owns 105 Kynzie Ln and would like clarification on the water and sewer lines, road access, and parking. MOTION — KCU-23-04 Kauffman moved and Young seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-23-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION The board asked staff to clarify the water and sewer services, road access, and parking. Haskins advised that there will be individual water and sewer services to each townhouse. Sorensen advised that there is an easement that provides sufficient access for the roadway and there is enough space to meet parking requirements. Board and staff discussed the benefits of having a road maintenance agreement between the property owners. Graham stated this is a good infll project. Young clarified with staff that Architectural Review Committee approval is not required and that since it is not a subdivision, an HOA is not required. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Sorensen updated the board on the August 8t'', 2023 agenda items. NEW BUSINESS Sorensen updated the board on the upcoming October 10 b, 2023 Planning Board Meeting, and Nygren updated the board on upcoming public hearings. ADJOURNMENT The meeting adjourned at approximately 6:30 PM. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of September 12, 2023 Page 12 MEADOWLARK TRAILER COURT ANNEXATION ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION STAFF REPORT #KA-23-06 KALISPELL PLANNING DEPARTMENT SEPTEMBER 12, 2023 This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a request from Wayne Perry, Inc. for annexation and initial zoning of R-4 (Residential) for property located at 2160 and 2166 Airport Road, containing approximately 5.97 acres. A public hearing has been scheduled before the Planning Board for September 12, 2023, 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 Wayne Perry, Inc, has submitted a request for annexation and initial zoning of R-4 (Residential) for approximately 5.97 acres located at 2160 and 2166 Airport Road. The property contains the Meadowlark Trailer Court with 31 mobile homes as well as an existing single-family residence. The primary reason for annexation is to allow for the connection of the property to city sanitary sewer. 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: Wayne Perry, Inc. 8281 Commonwealth Ave Buena Park, CA 90621 B. Location and Legal Description of Properties: The property can be legally described as Assessors Tract 2D in the Southeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (a specific metes - and -bounds description is available upon request), and Lot 4 of Keith -Smith Tract Number One, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. C. Existing Land Use and Zoning: The subject property itself is developed as a mobile home park on one parcel and a single-family residence on the other. The property to be annexed is zoned county R-5 (Two -Family Residential) and R-1 (Suburban Residential). According to the Flathead County Zoning Ordinance, the R-5 is "a residential district with minimum lot areas. Development within the district will require all public utilities, and all community facilities. A duplex is allowed in this district" and the R-1 is "a district to provide estate -type development. These areas would normally be located in rural areas away from concentrated urban development, typically not served by water or sewer services, or in areas where it is desirable to permit only low -density development (e.g., extreme topography, areas adjacent to floodplains, airport runway alignment extensions)." 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 Zoning KALISPELL Meadov.1arkTrailer Court 4E sr�ti:.:w A.i vx . a. r:RYa r i ram+ t ri rw , �.w..c.m., � © u5250 i80 870 6 ww.. Ets F!!t EVI Carrv»uAy roar.*` WGIS.cam 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. As an existing use, a conditional use permit would not be required upon annexation. E. Size: The subject property is approximately 5.97 acres. F. Adjacent Zoning: North: City R-3; County R-1 East: City P-1 West: County I-1 South: County R-1 & I-1 G. Adjacent Land Uses: North: Single-family East: School West: Wrecking Yard South: Single-family; Wrecking Yard 4 H. General Land Use Character: The general land use of the area is single-family residential along with an adjoining automobile wrecking yard. Most of the area has been developing as part of the city. Existing development has been primarily single-family residential along with a new elementary school that has been constructed and a potential middle school site. Further to the south, a new multi -family residential development is under construction. I. Utilities and Public Services: Water and sewer service are available within the Airport Road right-of-way adjacent to the property, although sewer service is subject to completion of sewer main work and a new lift station south of the property, both of which are currently under construction. 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: Private/City of Kalispell available upon annexation Water: Private/City of Kalispell available upon annexation Refuse: Private/City of Kalispell available upon annexation Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Rankin Elementary/Flathead High School Fire: South Kalispell Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation I. 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. Both sanitary sewer and water service are available within the right-of-way adjacent to the property subject to completion of sewer infrastructure currently under construction. 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 their current septic system and is 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 1.75 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: The property is located within the annexation boundary, which was established based in part on the ability to efficiently serve the property. 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. It is anticipated that revenue would exceed the cost of providing services to the existing development. In addition, there would be one-time impact fees upon connection to city services. E II. 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). PolicyKalispell Grmvth KALISPELL Meaclovdark Trailer Court >i ��111111' mom WME ��11i1r 1� 11�1111�1111111111111i1lllalllllllllllll111 1IIg1111 1111111111111111i111111111111> �i1► ��IIIIIIflllllllli11111111111�� �' y � � y NVE, rrir��r�iriri r .0 1. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The zoning ordinance contemplates R-4 as an appropriate zone within that land use designation. The R-4 zone is similar to both the current county zoning and city zoning in the surrounding area. Furthermore, the R-4 zone is the only zoning district which allows new mobile home parks, although, in this case, it would be considered an existing allowed use. The requested zone complies with the growth policy. 2. Will the requested zone have an effect on motorized and non - motorized transportation systems? The access for the property is onto Airport Road. 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, although, as an existing development originally built in the county, fire access, turnarounds, and hydrants on the site could be improved to more modern standards. All 5 municipal services including police/fire protection, water and sewer service will be available upon annexation. As an existing development within the city mutual aid response area, annexation and initial zoning of the property itself does not have a direct bearing on the ability to respond to an emergency and the requested zone is not detrimental to that ability. However, once annexed, any future redevelopment of the property would be subject to city fire code review. 4. Will the requested zone promote the public health, safely and general welfare? The general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses. In this case, the requested zoning classification of R-4 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for any development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property. The connection to city sewer is particularly important in this situation. Annexation with the requested zoning would allow the units to connect to the sewer main. 7. Will the requested zone promote compatible urban growth? The requested zoning is consistent with the type of growth projected for this area and is consistent with the current zoning in both the city and the county in the vicinity. The proposed district maintains and is compatible with the established land use pattern in this area. 8. Does the requested zone give consideration to the character of the district and its particular suitabili . for particular uses? The proposed R-4 zoning district is consistent with the surrounding residential development in the immediate and general area. The proposed zone fits into that overall pattern and gives due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-4 zoning district will promote compatible and like uses on this property as are found on other properties in the area. Any potential future development on the property will be reviewed for compliance with zoning dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhood. M 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-23-06 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 Date: 7/27/2023 4��rrtYtd�, Surv�nn4,4�`a City of Kalispell Development Services PJ Sorenson, Senior Planner 201 1" Ave. E Kalispell, MT 59901 Re: Meadowlark Trailer Court — Petition for Annexation and Initial Zoning Dear Mr. Sorenson, Please find enclosed a petition for annexation and initial zoning for the Meadowlark Trailer Court property and a single-family residence located at 2160 & 2166 Airport Road. The primary reason for this annexation is for connection to Kalispell sewer infrastructure to serve the existing single-family residence and 31 mobile homes in the trailer court. We are proposing an initial zoning of R-4 Residential, which fits the existing land use. We respectfully request your review of the application and a recommendation to the City Council. Please contact our office in the event of questions. Sincerely, _Z Bob Erickson, Professional Land Surveyor Jackola Engineering & Architecture, PC Jackola Engineering & Architecture, PC 2250 Highway 93 South Kalispell, MT. 59901 406.755.3208 Corporate Office 406.755.3218 Fax www.oackola.com Locations in Montana, Washington and North Dakota Development Services C1 Y Y 7 Department KAILI[SPEILIL 201 Avenue East Kalispell, MT 59901 Phonee (406) 758-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: plannin_gO-kalispell.com Website: www.kalisi)ell.com Project Name Meadowlark Wastewater Improvements Property Address 2160 Airport Rd Kalispell MT, 59901 NAME OF APPLICANT Applicant Phone Wayne Perry Inc. 1714-325-4664 Applicant Address 8281 Commonwealth Ave City, State, Zip Buena Park, CA 90621 Applicant Email Address aleiter@wpinc.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Wayne Perry Inc. 1714-32546664 Owner Phone Owner Address 8281 Commonwealth Ave City, State, Zip Buena Park, CA 90621 Owner Email Address ateiler@wpinc.com CONSULTANT (ARCH ITECTIENGINEER) Phone Jackola Engineering and Architecture 1406-755-3208 Address 2250 Hwy 93 South City, State, Zip Kalispell, MT 59901 Email Address tmcintosh@iackola.com POINT OF CONTACT FOR REVIEW COMMENTS Toby McIntosh Phone 406-755-3208 Address 2250 Hwy 93 South City, State, Zip Kalispell, MT 59901 Email Address tmci ntosh@jackola.com List ALL owners (any individual or other entity with an ownership interest in the property): Wayne Perry Inc. Legal Description (please attach a full legal description for the property and a copy of the most recent deed). See attachment. Before the application will be deemed to be accepted for review, our office must receive an approval of the legal description from the Flathead County Plat Room. Please submit the legal description to their office (plat@flathead.mt.gov). C:r'1'Y Ul� KALISPELL 1. Land In project (acres) s.e67 2. Current estimated market value 666,715 Estimated market value of proposed development at 50% build out $ 666,715 Estimated market value of proposed development at 100% build out $ 666.715 3. Is there a Rural Fire Dept RSID or Bond on this property? YES NO If yes, remaining balance Is: $ 4. Present zoning of property County R-5 5. Proposed zoning of property CityR-4 6. State the changed or changing conditions that make the annexation necessary: Connection of the Meadowlark trails- criut and one residential homy. to the city : ewnr system Development Services Department 2011st 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 Promoting the public interest health, comfort. convenience. safety and general welfare Prevent ng the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water. sewage. schools, parks and other public facilities h. Giv ng reasonable considerat''on to the character of the district I. Giving considerat on to the peculiar su`tability of the property for particular uses k Protecting and conserving the value of buildings k. Encouraolno the most aooroonate use of land by assurinu 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 be present on the property for routine monitoring and inspection �lAyA te+oy.,r,1�during the approval and development process. Applicant Sig natu a A fA S56Ni02 V106 �16 Cc/71 Date -9I ? �LIW 3 C rrV U! 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 Plat Room that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5510. 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 $500 (includes Initial zoning) plus $40 per acre Development Services Department 2011st Avenue East Kalispell, MT 59902 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 7-2-46 10, 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 ail 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. Wayne Perry Inc. 133: -7/2 �L/? �M�o� Vter�T 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 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. STATE OF MONTANA ) ss County of Flathead County Notary 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 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: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) before me, Cheryl Lamberth, Notary Public (insert name and title of the officer) personally appeared \. _ f IL (L-CM. rr + who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CHERYL LAMBERTH Notary Public- California Orange County Commission # 2449758 "� linty Comm. Expires Jun 10, 2027 Exhibit Legal Description A tract of land in the Southeast Quarter Southeast Quarter (SE1/4 SE1/4) of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the point which is 30.00 feet West of the Southeast corner of said Section 19; thence North a distance of 322.50 feet to the Place of Beginning of the tract to be herein described; thence North and along the Westerly boundary of a County Road a distance of 322.50 feet; thence West along a line which is parallel with the South boundary of said Section 19, a distance of 645.00 feet; thence South and along a line which is parallel with the Easterly boundary of said Section 19, a distance of 322.50 feet; thence East a distance of 645.00 feet to the Place of Beginning. AND; Lot 4 of Keith -Smith Tract Number One, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 2001182 `'� pn m all Title Services, Inc. Order No. TSI-18854/206040763 j lCCt- WARRANTY DEED`, FOR VALUE RECEIVED, MEADOWLARK, SLC the Grantor, does hereby grant, bargain, sell and convey unto WAYNE PERRY, INC. of �ZS ( tJts-� Cor� o,,j¢.o,14�- - it �lA e.tJa �z.k ) CA io�2 the Grantee, the following described premises in Flathead County, Montana, to -wit: A tract of land in the Southeast Quarter Southeast Quarter (SE1/4SE1/4) of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the point which is 30.00 feet West of the Southeast corner of said /LiD Section 19; thence North a distance of 322.50 feet to the Place of Beginning of the tract to be herein described; thence North and along the Westerly boundary of a County Road a distance of 322.50 feet; thence West along a line which is parallel with the South boundary ofsaid Section 19, a distance of 645.00 feet; thence South and along a line which is parallel with the Easterly boundary of said Section 19, a distance of 322.50 feet; thence East a distance of 645.00 feet to the Place of Beginning. SUBJECT TO Easements, Covenants, Conditions and Restrictions of record or apparent TOGETHER wrrH all and singular the hciembeforc described premises together with all tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, right of dower and right of homestead, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the FIRST PART, of, in or to the said premises, and every part and parcel thereof, with the appurtenances thereto belonging, TO HAVE AND TO HOLD, all and singular the above mentioned and described premises unto the said party of the SECOND PART, and to its successors and assigns forever. And the said party of the FIRST PART, and its heirs, do hereby covenant that it will forever i vnma and defend all right, title and interest in and to the said premises and the quiet and peaceful possession thereof, unto the said party of the SECOND PART its successors and assigns, against all acts and deeds of the said party of the FIRST PART, and all and every person and persons whomsoever lawfully claiming or to claim the same. IN WrfNESS WHEREOF, the said party of the FIRST PART has hereunto set its hand and seal this N day of June, 2004 MEAiDO /�s By: ADAM LEIT , Managing Member STATE OF CALIFORNIA County of This instrument was acknowledged before me this day of.lune, 2004, by ADAM LEITER, Managing Member at* MEADOWLARK, LLC. Notary Public for the State of California Residing at: My commission expires: Name: 20041821t©�t 1 � ?, 17 ! i�? 1`� P d ,�'� !fit ! ! a" l i I'; i' ttj yE �j i k i► € } State of California County of _ tea n s5. On JU/V 2S-7 2'� ; before me, Dale ' '° Name and TdE ci Off,— (e.g_ "Jane , NrJtary Public j personally appeared Ecv,�11-1 Names) ct Slgnegs) ' p'ersonally Known to me '-- proved to me on the basis of satisfactory evidence to be the person whose name(o isle subscribed to the within instrument and e, RAtvL.Ev acknowledged to me that helsheA#Gy executed Commission # 1311125 z the same in his/her/their - authorized ._ t , • Notary public- CelifamEa > Orange County Jun 2s 2�5 ' capaclty{ies), and that by his/fair s r nature 9 fs� on the instrument the person(s}, or a' � N�, Comm Expires _- "i the entity upon behalf of which the person( acted, executed the instrument. VIIkT SS y h rid off€cial s al. Place Notary Seal Above S�gnatvre �o ry Public OPTIONAL 7'hough the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document: ielL Document Date: % ! Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: li�(' Individual • �' Corporate Officer —Title(s): 7al, of 11-1b here Partner —LI Limited C'; General I_ Attorney in Fact _ Trustee J Guardian or Conservator -1 Other: ta5LACCC of / bv-L � Signer Is Representing: STATE OF MONTANA County of Flathead RECORDED AT THE REQUEST OF F\ \ rGC-- THIS -D DAY OF 1 20 (DAT O'CLOCK AND RECORDED IN THE RECORDS OF FLATHEAD COUNTY, STATE OF MONTANA_. FEE PD. J,�--Rois in S Flathead County berk and Recorder) RECEPTION NO. Lc,�- RETURN TO � 31,WnP, E'nIN! hill". ". rno )orki VV IIII 1111 201300011130 IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Fees: $14.00 Paula Robinson, Flathead County MT by IL 5/7/2013 2:13 PM AND WHEN RECORDED MAIL TO: Wayne Perry, Inc. 8281 Commonwealth Avenue Buena Park, CA 90621 Filed for Record at Request of; Space Above This Line for Recorder's Use Only Insured Titles Order No.: 461023-FT Parcel No.: 0033145 WARRANTY DEED I� FOR VALUE RECEIVED, J� Robert G. Brinton and Penny L. Brinton as joint tenants hereinafter called Grantor(s), do(es) hereby grant, bargain, sell and convey unto Wayne Perry, Inc. whose address is: 8281 Commonwealth Avenue, Buena Park, CA 90621 Hereinafter called the Grantee, the following described premises situated in Flathead County, Montana, to -wit: LOT 4 OF KEITH-SMITH TRACT NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. q, SUBJECT TO covenants, conditions, restrictions, provisions, easements and encumbrances apparent or of record. TO HAVE AND TO HOLD the said premises, with its appurtenances unto the said Grantees and to > the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said o Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all Q encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, Q restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: May 4 2013 Page 1 of 2 IIIIIIII I III IIIIIII IIIII IIII IIIII IIII (IIII (IIII IIII IIII IIII I III IIII II III Page: 2 of 2130 Fees: $14.00 5/7/2013 2:13 PM Robert G. Brinton STATE OF Montana ) ss. COUNTY OF Flathead ) 9 i Penny L. ton This instrument was acknowledged before me on May -(a-, 2013, by Robert G. Brinton and Penny L. Brinton. BdI"RIDA r��Ti�k � efr MICHELLE N. GUIFFRIDA NOTARY PUBLIC for the ' i; x[OTARL�L +_ State of Montana P,_;ding Kalispell, Montana Sk'..4t- at 3,.. yyyT; My Commission Expires October 23, 2016 .... ..•;`P�� n Notary Public fo the State of Montana Residing at 1A RO&A My Commission Expires: CM 23. zoiy Page 2 of 2 Meadowlark Trailer court HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF: a. Promoting the Growth Policy The Growth Policy Future Land Use Map designation in the vicinity of and for the subject properties is urban residential. The proposed annexation would bring existing residential units to the City of Kalispell, provide a growth in tax base, and allow conversion of aging and failing septic systems to City utilities. Recent development has extended city water and sewer directly in front of said parcels within the Airport Road right-of-way. By replacing the aging and failing on -site septic systems on these parcels with a connection to the city sewer system, the city is improving environmental impacts and safer systems for existing affordable housing. b. Lessening congestion in the streets and providing safe access The project site in located 0.3 miles north of the intersection of Airport and Cemetery Roads, in close proximity to the Highway 93 Alternate Route. The project is servicing an existing trailer court and one single-family residence resulting in no new impact on current traffic conditions. c. Promoting safety from fire, panic, and other dangers Annexation will provide municipal services, including police and fire protection. d. Promoting the public interest, health, comfort, convenience, safety, and general welfare The proposed annexation will promote the health and general welfare of the public by providing existing affordable housing units with aging and failing septic systems a connection to the city sewer system. Additionally, it would allow for future connection to the city water system in the event the existing private community water systems fail or the properties are redeveloped. New construction will be required to be in compliance with current City adopted codes, relevant ordinances and design standards. Development infrastructure will be designed in accordance with local regulations to minimize undue risk from fire, panic, and other dangers. e. Preventing the overcrowding of land Based on the growth policy future land use designation for the site, development in this area has been anticipated for commercial, and high density and urban residential uses. The current zoning and land use is zoned R-5 and R-1 under Flathead County zoning ordinance. Since there will be no new development and no new housing units are being proposed, there will be no effect on land use. f. Avoiding undue concentration of population As discussed previously, the proposed zoning districts are consistent with the Growth Policy Future Land Use designations and neighboring urban development of the area. As there will be no new development, there would be no change to the concentration of population. g. Facilitating the adequate provision of transportation, water, sewage, schools, parks, and other public facilities As previously mentioned, the primary purpose of the annexation is to connect existing housing units to the Kalispell sewer system. The Rankin School project extended utilities along Airport Road fronting the subject properties, including a sewer forcemain for a future lift station. The lift station is currently being constructed as part of the Parkland Meadows subdivision located south of the subject properties on the east side of Airport Road. The sewer would connect into the existing sewer main. The subject properties are served by existing private community water wells. Connection to the city water system is not being proposed at this time. Future connection to the city water system would be required if the existing wells fail or if the property is re -developed. Any future connection to the water system would be required to be in compliance with City adopted codes, ordinances and design standards. Transportation infrastructure adequately exists adjacent to the site. The properties have proper access to Airport Road with connection to the Highway 93 Alternate Route 0.4 miles to the south. An existing pedestrian path on the east side of Airport Road provides safe connection to Rankin Elementary School located approximately 0.1 miles north of the subject properties on the east side of Airport Road. Future development of the pedestrian path by the Parkland Meadows subdivision will provide access to existing paths adjacent to the Highway 93 Alternate Route. h. Giving reasonable consideration to the character of the district The existing use and the proposed R-4 zoning are consistent with the zoning in the area, which is experiencing residential, multi -family, and commercial growth. Properties to the south are zoned county R-1 and properties to the west are zoned county 1-1. Properties east of Airport Road are zoned city P-1, RA-1/PUD and P-1/PUD. Properties to the north are zoned county R- 1, and city R-3, RA-1 and R-4. i. Giving consideration to the peculiar suitability of the property for particular uses The existing uses are compatible with the proposed R-4 zoning district and are consistent with the growth policy future land use designation of Urban Residential. j. Protecting and conserving the value of buildings The value of buildings in the neighboring areas will be conserved while the existing buildings on site will likely increase in value as a result of the connection to the city sewer system. The proposed R-4 zone provides for housing that is compatible with other uses located along Airport Road. k. Encouraging the most appropriate use of land by assuring orderly growth The existing trailer court provides affordable housing in close proximity to major transportation routes, public schools, and municipal services like water and sewer. As all uses are existing, it is the most appropriate use at this time. por Kalispell Zoning CITY OF KALISPELL Meadowlark Trailer Court Subject Parcels i Y B-1 Neighborhood Business w/ PUD 1 Residential P-1 Public I-1 Light Industrial Artment pa P-1 Public R-3 Residential R-4 Residential RA-1 Residential Apartment I �^ RA-1 Residential Apartment w/PUD - - I-1 Light Industrial 0 R�4 Residential li Residential Apartment R3 93 Residential P-1 Public Subject Parcels \93 I B-1/P UD Neighborhood Business With Pud RP 1/PUD Residential With Pud 93 D -B-1/PUD Neighborhood 93 o Business With Pud a Data Sources: Montana Cadastral, N 0 145 290 580 870 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - August 15, 2023 Esri Community Maps, ArCGIS.com CITr�7�11� Kalispell Growth Policy KALISPELL Meadowlark Trailer Court ® Subject Parcels Neighborhood Commercial Industrial High Density Residential Urban Residential Suburban Residential Public/Quasi Public, Openspace Floodway Suburban Residential Residential 9? e Data Sources: Montana Cadastral, N Flathead County GIs City of Kalispell GIs, Austin Bachurski - August 15, 2023 Public Or Openspace 0 175 350 700 1050 Feet Basemap: Esri Community Maps, ArcGIS.com CITY OF Kalispell Mailing List ® Subject Parcel Meadowlark Trailer Court 0 Mailing List Parcels KALISPELL Other Parcels RIP c r I=— Merganser Dr ❑ D z O IT Q 93 z O C r i i i 93 i i i Data Sources: Montana Cadastral, N 0 115 230 460 690 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - August 15, 2023 Esri Community Maps, ArCGIS.com