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Staff Report - Dusty AcresKALisPEii, REPORT TO: FROM: SUBJECT: MEETING DATE: Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine Doug Russell, City Manager PJ Sorensen, Senior Planner KA-23-07— Dusty Acres Annexation and Initial Zoning December 4, 2023 BACKGROUND: Dusty Acres, LLC, has applied for annexation and initial zoning of R-4 (Residential) for approximately 51.8 acres of land. The area to be annexed includes property generally on the west side of Highway 93 North to the south of Hagerman Lane and adjacent to the city limits on the south and west sides of the property (the boundary of future phases of Stillwater Village), including, but not limited to, property addressed as 170, 180, 190, and 200 Hagerman Lane. The annexation area also includes property on the east side of Highway 93 North generally between Hagerman Lane to approximately 200 feet north of Ponderosa Lane, including, but not limited to, property addressed as 3327 Highway 93 North. The property can be legally described as shown on the attached Exhibit A. The Kalispell Planning Board held a duly noticed public hearing on November 14, 2023, to consider the request. Staff presented staff report KA-23-07 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Council that the request for annexation and initial zoning be granted. Two public comments were received at the public hearing in addition to those from the applicant. The comments primarily related to future development of the property traffic, lighting, ground water, a nearby farm, and bike path safety. The public hearing was closed and motions were presented to adopt staff report KA-23-07 as findings of fact and recommend to the Kalispell City Council that the annexation be approved with an initial zoning designation of R-4 (Residential). Board discussion concluded that the request was appropriate, and the motion was approved on a unanimous vote. RECOMMENDATIONS: ANNEXATION: It is recommended that the Kalispell City Council approve Resolution 6174, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation property which can be described as shown on Exhibit A, attached hereto and incorporated by reference. INITIAL ZONING: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1916, 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: Resolution 6174 Ordinance 1916 November 14, 2023, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk F.XHIRIT A Tracts 1, 2, & 3 of COS 17893 in the SEl/4SEl/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Parcel A of COS 8268 in the SEl/4SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Parcel B of COS 8268 in the SEl/4SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Tract 1 of revised Certificate of Survey No. 1633, located in Gov't Lot 4 of Section 18, Township 29 North, Range 21 West, P.M.M. Flathead County, Montana; and Parcel 1 of COS 9143, situated, lying and being in Gov't Lot 4 of Section 18, Township 29 North, Range 21 West, P.M.M., Flathead County, MT; and Tract 1 and 2 of Certificate of Survey No. 9067 situate, lying and being in Gov't Lot 1 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and Tracts 1 and 2 of Certificate of Survey No. 9073 situate, lying and being in Gov't Lot 1 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The area to be annexed includes adjacent rights -of -way. Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 6174 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY GENERALLY DESCRIBED AS BEING LOCATED ON THE WEST SIDE OF HIGHWAY 93 NORTH TO THE SOUTH OF HAGERMAN LANE AND ADJACENT TO THE CITY LIMITS ON THE SOUTH AND WEST SIDES OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, PROPERTY ADDRESSED AS 170, 180, 190, AND 200 HAGERMAN LANE AND ALSO INCLUDING PROPERTY ON THE EAST SIDE OF HIGHWAY 93 NORTH GENERALLY BETWEEN HAGERMAN LANE TO APPROXIMATELY 200 FEET NORTH OF PONDEROSA LANE, INCLUDING, BUT NOT LIMITED TO, PROPERTY ADDRESSED AS 3327 HIGHWAY 93 NORTH, AND AS FURTHER DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS DUSTY ACRES ADDITION NO. 468, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, Dusty Acres, LLC, owner of the above -referenced property, submitted a request that the property be annexed into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-23-07, dated November 14, 2023; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City R-4, Residential, upon annexation into the City of Kalispell; and WHEREAS, pursuant to §7-2-4211(2), MCA, the City shall include the full width of any public streets or roads, including the rights -of -way, that are adjacent to the property being annexed; and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property described as being on the west side of Highway 93 North to the south of Hagerman Lane and adjacent to the city limits on the south and west sides of the property, including, but not limited to, property addressed as 170, 180, 190, and 200 Hagerman Lane and also including property on the east side of Highway 93 North generally between Hagerman Lane to approximately 200 feet north of Ponderosa Lane, including, but not limited to, property addressed as 3327 Highway 93 North, and as further described on Exhibit "A", be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF DECEMBER, 2023. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT A Tracts 1, 2, & 3 of COS 17893 in the SE1/4 SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Parcel A of COS 8268 in the SE1/4 SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Parcel B of COS 8268 in the SEl/4 SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Tract 1 of revised Certificate of Survey No. 1633, located in Government Lot 4 of Section 18, Township 29 North, Range 21 West, P.M.M. Flathead County, Montana; and Parcel 1 of COS 9143, situated, lying and being in Government Lot 4 of Section 18, Township 29 North, Range 21 West, P.M.M., Flathead County, MT; and Tract 1 and 2 of Certificate of Survey No. 9067 situate, lying and being in Government Lot 1 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and Tracts 1 and 2 of Certificate of Survey No. 9073 situate, lying and being in Government Lot 1 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The area to be annexed includes adjacent rights -of -way. ORDINANCE NO. 1916 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 BEING LOCATED ON THE WEST SIDE OF HIGHWAY 93 NORTH TO THE SOUTH OF HAGERMAN LANE AND ADJACENT TO THE CITY LIMITS ON THE SOUTH AND WEST SIDES OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, PROPERTY ADDRESSED AS 170, 180, 190, AND 200 HAGERMAN LANE AND ALSO INCLUDING PROPERTY ON THE EAST SIDE OF HIGHWAY 93 NORTH GENERALLY BETWEEN HAGERMAN LANE TO APPROXIMATELY 200 FEET NORTH OF PONDEROSA LANE, INCLUDING, BUT NOT LIMITED TO, PROPERTY ADDRESSED AS 3327 HIGHWAY 93 NORTH, AND AS FURTHER DESCRIBED ON EXHIBIT "A" (PREVIOUSLY ZONED COUNTY SAG-10 (SUBURBAN AGRICULTURAL), B-2/110 (GENERAL BUSINESS/HIGHWAY OVERLAY), AND B-3/HO (COMMUNITY BUSINESSIHIGHWAY OVERLAY)) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Dusty Acres, LLC, 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 51.8 acres of land; and WHEREAS, the property is located generally on the west side of Highway 93 North to the south of Hagerman Lane and adjacent to the city limits on the south and west sides of the property, including, but not limited to, property addressed as 170, 180, 190, and 200 Hagerman Lane and also includes property on the east side of Highway 93 North generally between Hagerman Lane to approximately 200 feet north of Ponderosa Lane, including, but not limited to, property addressed as 3327 Highway 93 North; and WHEREAS, Dusty Acres' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-23-07, dated November 14, 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-23-07. 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 property described above as R-4, Residential, on approximately 51.8 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 18TH DAY OF DECEMBER, 2023. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT A Tracts 1, 2, & 3 of COS 17893 in the SE1/4 SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Parcel A of COS 8268 in the SEl/4 SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Parcel B of COS 8268 in the SEI/4 SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Tract 1 of revised Certificate of Survey No. 1633, located in Government Lot 4 of Section 18, Township 29 North, Range 21 West, P.M.M. Flathead County, Montana; and Parcel 1 of COS 9143, situated, lying and being in Government Lot 4 of Section 18, Township 29 North, Range 21 West, P.M.M., Flathead County, MT; and Tract 1 and 2 of Certificate of Survey No. 9067 situate, lying and being in Government Lot 1 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and Tracts 1 and 2 of Certificate of Survey No. 9073 situate, lying and being in Government Lot 1 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The area to be annexed includes adjacent rights -of -way. KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING November 14, 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 Joshua Borgardt, Pip Burke, Rory Young, Tim Stocklin, Kevin Aurich, and Doug Kauffman. Chad Graham was absent. Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Young moved and Burke seconded a motion to approve the minutes of the October 10, 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-23-07 — DUSTY ACRES A request from Dusty Acres, LLC, for annexation and initial zoning of R-4 ANNEXATION (Residential) for approximately 51.8 acres. The area to be annexed includes property generally on the west side of Highway 93 North to the south of Hagerman Lane and adjacent to the city limits on the south and west sides of the property (the boundary of future phases of Stillwater Village), including, but not limited to, property addressed as 170, 180, 190, and 200 Hagerman Lane. The annexation area also includes property on the east side of Highway 93 North generally between Hagerman Lane to approximately 200 feet north of Ponderosa Lane, including, but not limited to, property addressed as 3327 Highway 93 North. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-23-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-23-07 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 Burke asked Staff if the existing houses on the west side were required to connect to City services. Sorensen advised that they are not required to connect. PUBLIC COMMENT Sharon DeMeester — 415 Chestnut Dr. — Expressed concerns with traffic, lighting, ground water, a nearby farm, and bike path safety. Erik Mulcahey — Representing the applicant. Advised that there are no development plans yet and that the public comments would be addressed when a development application is submitted. Also, he would be happy to answer any questions. Greg Limberis (via Zoom) — 157 Hagerman Lane — Expressed concerns regarding traffic, future development connections. MOTION — KA-23-07 Burke moved and Young seconded that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-23-07 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 November 14, 2023 Pagel BOARD DISCUSSION Sorensen advised that that the application is for annexation only and that access and traffic will be addressed when a development application is submitted. The Board discussed the appropriateness of the zoning and use. ROLL CALL Motion passed unanimously on a roll call vote. KPUD-23-03 & KPP-23-09 — A request from Stillwater Development Partners, LLC, for Stillwater Bend Phase 2, STILLWATER BEND PHASE 2 which includes applications for a Planned Unit Development ("PUD") overlay and major preliminary plat on approximately 30.5 acres of land. The property was annexed in 2017 as part of a 56-acre placeholder PUD with 25.5 acres along Highway 93 zoned B-2 (General Business) and the remainder zoned RA-2 (Residential Apartment/Office). In 2020, the B-2 area received a full PUD approval with the RA- 2 remaining as a placeholder PUD. This PUD proposal would encompass the remaining area. The proposed PUD would allow for 432 multi -family dwelling units. The preliminary plat includes four lots, roads, and common area. The property is located at the western terminus of Rose Crossing to the west of Highway 93 North. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KPUD-23-03 & KPP-23-09. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-23-03 & KPP-23-09 as findings of fact and recommend to the Kalispell City Council that the Planned Unit Development for Stillwater Bend Phase 2 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Sorensen clarified condition 4 of the PUD to Young, advised Burke that the fire access will be included in Phase 1, and clarified the setback requirements to Borgardt. PUBLIC COMMENT Will MacDonald — 180 Fonner Rd — Representative for the applicant and would be happy to answer any questions. MOTION — KPUD-23-03 Young moved and Stocklin seconded that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-23-03 as findings of fact and recommend to the Kalispell City Council that the Planned Unit Development for Stillwater Bend Phase 2 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Burke stated that the setback is appropriate for the site. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-23-09 Aurich moved and Young seconded that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-23-09 as findings of fact and recommend to the Kalispell City Council that the Planned Unit Development for Stillwater Bend Phase 2 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Rory Young recused himself from KCU-23-05; he is a representative for the applicant. Kalispell City Planning Board Minutes of the meeting of November 14, 2023 Page 12 KCU-23-05 — LOFTS AT A request from Immanuel Lutheran Communities for a conditional use permit to BUFFALO HILL allow the expansion of an existing residential care facility on property located at 185 Crestline Avenue and for a building height exceeding sixty (60) feet. The expansion, called the Lofts at Buffalo Hill, will include 40 new assisted living apartment units in a four-story addition along with a fitness area and parking on the first level. A conditional use permit is required due to the property's location in an H-1 (Health Care) zone. The building is planned to be up to 68 feet tall to allow for the parking area under the structure and for improved architectural design. Under the zoning ordinance, sixty (60) feet is allowed as a matter of right and an unlimited height is allowed with a conditional use permit. The addition will be located in the northwest portion of the property along Claremont Street. STAFF REPORT Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-23-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit for both the expansion and additional height up to sixty-eight (68) feet be approved subject to the conditions in the staff report. BOARD DISCUSSION None. PUBLIC COMMENT Rebecca Smith — Representative for the applicant and would be happy to answer any questions. MOTION — KCU-23-05 Burke moved and Aurich seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-23-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit for both the expansion and additional height up to sixty-eight (68) feet be approved subject to the conditions in the staff report. BOARD DISCUSSION The Board discussed the benefit of underground parking and felt the additional height made sense. Smith advised the Board that the underground parking is for the 40 new units and Sorensen clarified the access points serving the new addition. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Rory Young re -seated. OLD BUSINESS Sorensen updated the board on the October 10, 2023 agenda items. NEW BUSINESS Sorensen updated the board on the upcoming December 12, 2023 Planning Board Meeting. ADJOURNMENT The meeting adjourned at approximately 6:55 PM. WORK SESSION Transitioned into work session on the public participation plan. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of November 14, 2023 Page13 DUSTY ACRES ANNEXATION ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION STAFF REPORT #KA-23-07 KALISPELL PLANNING DEPARTMENT NOVEMBER 14, 2023 This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a request from Dusty Acres, LLC, for annexation and initial zoning of R-4 (Residential) for property along both the west and east sides of Highway 93 North in the vicinity of Hagerman Lane, containing approximately 51.8 acres. A public hearing has been scheduled before the Planning Board for November 14, 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 Dusty Acres, LLC, has applied for annexation and initial zoning of R-4 (Residential) for approximately 51.8 acres of land. The area to be annexed includes property generally on the west side of Highway 93 North to the south of Hagerman Lane and adjacent to the city limits on the south and west sides of the property (the boundary of future phases of Stillwater Village), including, but not limited to, property addressed as 170, 180, 190, and 200 Hagerman Lane. The annexation area also includes property on the east side of Highway 93 North generally between Hagerman Lane to approximately 200 feet north of Ponderosa Lane, including, but not limited to, property addressed as 3327 Highway 93 North. 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: Dusty Acres, LLC 201 Highview Lane Media, PA 19063-1146 B. Location and Legal Description of Properties: The property can be legally described as Tracts 1, 2, & 3 of COS 17893 in the SEl/4SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Parcel A of COS 8268 in the SE1/4SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Parcel B of COS 8268 in the SEI/4SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Tract 1 of revised Certificate of Survey No. 1633, located in Gov't Lot 4 of Section 18, Township 29 North, Range 21 West, P.M.M. Flathead County, Montana; and Parcel 1 of COS 9143, situated, lying and being in Gov't Lot 4 of Section 18, Township 29 North, Range 21 West, P.M.M., Flathead County, MT; and Tract 1 and 2 of Certificate of Survey No. 9067 situate, lying and being in Gov't Lot 1 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and Tracts 1 and 2 of Certificate of Survey No. 9073 situate, lying and being in Gov't Lot 1 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The area to be annexed includes adjacent rights -of -way. C. Existing Land Use and Zoning: The subject property is mostly vacant, although two of the properties have homes on them. In addition, much of the land is or has recently been used for agricultural purposes. The property to be annexed is zoned county SAG-10 (Suburban Agricultural), B-2/HO (General Business/Highway Overlay), and B-3/HO (Community Business/Highway Overlay). According to the Flathead County Zoning Ordinance, the SAG- 10 zone is "a district to provide and preserve agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate -type residential development." The B-2 zone is "a business district to provide for those retail sales and service functions and operations that are typically characterized by outdoor display, storage, and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities. This district should also serve the general needs of the tourist and traveler." The B-3 zone is "a business district to provide areas for the development of congregated community shopping areas, to serve the range of a number of neighborhoods of a major segment of the Planning Area. This district should be a business center and not a strip development." Both the B-2 and B-3 zones are part of a county highway overlay which is intended "to protect and enhance the visual quality of state and federal highway throughout the County while maintaining all of the permitted and conditional uses of the underlying zone. This overlay zone is specifically created to protect scenic corridors adjacent to major transportation corridors and to mitigate impacts of new non-residential development, expansion existing non-residential development and any changes of non-residential uses by requiring additional landscaping, buffering, signage, building, lighting, and parking design standards." D. Proposed Zoning: The proposed zoning is city R-4 (Residential). The Kalispell Zoning Regulations state that the intent of the district is one that is "comprised of primarily single- family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." 0 Kalispell KAHSPELL Dusty Acres 0/01 VON ■■r�l r��,+w l�� ;,��' < - rya♦ �1 �� i� E. Size: The subject property is approximately 51.8 acres. F. Adjacent Zoning: North: City R-2/PUD; County SAG-10 East: County SAG-5; County SAG- 10; and County R-1 West: City R-4 South: City R-4; County R-1; and County B-1 G. Adjacent Land Uses: North: Single-family residential East: Larger tract single-family residential West: Undeveloped residential subdivision (Stillwater Village) South: Stillwater Village; Commercial; Single-family residential H. General Land Use Character: The general land use of the area is single-family residential with a mix of general commercial uses along the highway, which is a predominant feature running through the area. There are two larger commercial subdivisions to the south of the property. Kalispell North Town Center has begun development with a Ford dealership and a number of office and retail uses, while Stillwater Bend received final plat approval this summer. There is also a golf course in the area. Other city developments at various stages include Eagle Valley Ranch (mixed use), Silverbrook Estates (mixed use), and Stillwater Village (residential). Most of the recent development in the area has been developed as part of the city with urban design standards, while older subdivisions were developed in the county. L Utilities and Public Services: Water and sewer service are available within the Highway 93 North right-of-way adjacent to the property. Any extensions necessary to provide service to development of the property 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. 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 — Edgerton Elementary/Glacier High School 3 Fire: West Valley 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. E 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 highway right-of-way adjacent to the property. Any 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. The site is currently protected by the West Valley 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 2.4 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. 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 SAG-10 (Suburban Agricultural), B-2/HO (General Business/Highway Overlay), and B-3/HO (Community Business/Highway Overlay). The applicants are requesting city R-4 (Residential). 5 KALISPELL KalispellPolicy Dusty Acres ��I i■ ��� ♦��r: ��1 : I�a�i���+� p a t!s ♦♦ ti r _*� 91 ;�;�lw� r+Mardi •�1f� �l►k 1�- I =�iL���� �■■liiii ■■e Suburban Residential MEMO �`J1 a►i �r■■���III�1�1 lull'^II[II =� 1 340 . 1 136C 2040 1. Does the requested zone comply with the growth polio The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. The zoning ordinance contemplates R-4 as an appropriate zone within that land use designation. 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 properties is onto Highway 93 North. Annexation and zoning of the area would not change the impact on the transportation systems. The impact on the transportation systems will be reviewed as part of the development of the property. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police/fire protection, water and sewer service will be available upon annexation. Once annexed, any future development of the property would be subject to city review. 4. Will the requested zone promote the public health, safety and general welfare? The general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses. In this case, the requested zoning classification of R-4 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for any development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. no 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 development of the property in the city with a city zoning designation would allow access to those services. 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. 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-23-07 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). 7 Development Services Department 1K:A1L11SPE1L1L 201 Avenue East Kalispell, IVIT 59901 Phonee (406) 758-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: planning(ftalispell.com webgite: www.kaliispell.com Project Name Property Address Dusty Acrest 190, 180, 170 Hagerman Lane and 3327 Highway 93 N NAME OF APPLICANT Applicant Phone Dusty Acres, LLC : Attn: Gilbert Markham (610) 457-6110 Applicant Address City, State, Zip 201 Highview Lane Media, PA 19063-1146 Applicant Email Address Glibert.markham@allmarkland.com 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 Same as applicant Owner Address City, State, zip Same as applicant Owner Email Address CONSULTANT (ARCHITECTIENGINEER) Phone Address City, State, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Phone Sands Surveying, Inc; Attn: Eric H. Mulcahy AICP (406) 755-6481 Address City, State, Zip 2 Village Loop Kalispell, MT 59901 Email Address eric@sandssurveying.com List ALL owners (any individual or other entity with an ownership interest in the property): Gilbert Markham and Andrew Markham Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Tracts 1, 2, & 3 of COS 17893 in the SEl/4SE1/4 of S13, T29N, R22W, and Parcel A of COS 8268 in the SEl/4SE1/4 of S13, T29N, R22W, and Parcel B of COS 8268 in the SE l A SE 1 /4 of S 13, T29N, R22W Excepting therefrom all that portion as described in that certain Bargain and Sale Deed dated July 11, 1991, recorded August 12, 1991 as Document No. 9122410030, records of Flathead County, Montanan, executed to State of Montana for the benefit and use of its Departments of Highways. Also Excepting Therefrom that portion described in that certain Bargain and Sale Deed recorded September 7, 2006 document 200625012020, and ract I of revised Certificate of Survey No. 1633, located in Gov't Lot 4 of Section 18, Township 29 North, Range 21 W .M.M. Flathead County MT xcepting therefrom that portion conveyed in the Montana Department of Transportation in Bargain and Sale D, ecorded January 24, 2002 as Document No 200202410030, and. arcel i of COS 9143, situate, lying and being in Gov't Lot 4 of Section 18, Township 29 North, Range 21 West, P.M. lathead County, MT xcepting therefrom that portion conveyed to the State of Montana for Highway purposes by Bargain and Sale DE .ecorded September 9, 1991, as instrument No. 9125209280, Records of Flathead County Montana, and and 2 of Certificate of Survey No. 9067 situate, lying and being in Gov't Lot 1 of Section 19, Township 29 North 21 West, P.M.M., Flathead County, MT ing Therefrom, that portion conveyed to the State of Montana for highway purposes by Bargain and State Deed A March 11, 1991 as instrument No. 91-070-11340, records of Flathead County, Montana, and 1 and 2 of Certificate of Survey No. 9073 situate, lying and being in Gov't Lot 1 of Section 19, Township 29 N 21 West, P.M.M., Flathead County, MT ting Therefrom, that portion conveyed to the State of Montana for highway purposes by Bargain and State E ed March 11, 1991 as instrument No. 91-070-11340, records of Flathead County, Montana. 11_ 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. KALISPELL 1. Land In project (acres) 51.8 acres +! 2. Current estimated market value $4.000,000 Estimated market value of proposed development at 50% build out $10,000,000 Development Services Department 2011st Avenue East Kalispell, NIT 59901 Phone (406) 759-7940 Estimated market value of proposed development at 100% build out $20,000,000 3. Is there a Rural Fire Dept RSID or Bond on this property? YES NON If yes, remaining balance is: $n/a 4. Present zoning of property SAG-10 and B-3 5. Proposed zoning of property R-4 6. State the changed or changing conditions that make the annexation necessary: The applicant would eventually like to develop the property and annexing into the City of ,,alispell is the first step in the process. HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PUROSE OF (attach separate sheet w/ answers): a. Promoting the Growth Policy b. Lessening congestion in the streets and providing safe access c. Promoting safety from fire, panic and other dangers d. Promoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and othe i. Giving consideration to the peculiar suitability of the property for particular uses j. Protecting and conserving the value of buildings k. Encouraoino the most aooroDhate use of land by assurina orderlv growth public facilities I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant 4tf,O- T 301 Z-D -3 Date APPLICATION PROCESS TALI V lica n must be received and accepted by the —ftfilM fining Department 35 days prior to the Planning Board Rearing) 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) 768-5526. 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) 6. Application fee based on the schedule below, made payable to the City of Kalispell: Annexation $250 (includes initial zoning) plus $20 per acre 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 West VaIley Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years fro date of annexation. f Petitioner wner '"` 19rate Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona ride legal description of the property to be annexed. YennitO& n STATE OF-ibM4lWT*?fA— } otJtrwar- : ss County of lea On this 3 0-t� day of 8Vq Vfi• ,1623 before me, the undersigned, a Notary Public for the State of Montana, personally appeared 6 it �c r t Maly- hatr �eknown 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 m nd and affixed my Notary Seal the day and year in this certificate first above written- EMy ealth of Pennsylvania . Notary Seek A WORLAND • Notary Public otary Public, State of N4vntmrn eoAfyjt/mt 9 Delaware County Printed Name tf l �n mission Expires August tt, 202fimmission Number i330845 Residing at L' f�lli i f Iil�3 My Commission expires: STATE OF MONTANA ) : ss County of Flathead County On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: Dusty Acres Annexation Supplemental Information a. Promoting the Growth Policy The Kalispell Growth Policy Map designates the subiect property with a Suburban Residential Designation. The applicant intends to annex into the City and at a later date develop a subdivision design and submit to the City for Preliminary Plat approval. Figure 1 __.....a _-. Ns:gabornhod Commarcal !MduW a, ` Urban Mixed Use Mig^ Denslj Residencai Urban RevdeM.$ Suburban Res. -dent sl ' City Airport Go ,orr!ment Foci ty A bi;VQtias- Pubic Ooenspecs ' PIavCCsvay Source: City of Kalispell Growth Policy — Plan -It 2035 Dusty Acres Annexation b. Lessening congestion in the streets and providing safe access The subject property along the Highway 93 North corridor. There are urban -projects. approved north south and west of the subject property. The property on the west side of Highway 93 has access to Hagerman Lane which is currently a County Road and to the south by a shared MD©T approach which also provides access to the recently approved Stillwater Village proiect. The Property on the east side of Hi-ghway 93 has access from two shared approaches. To efficiently develop the east side property,a frontage road would be developed and it would be best to work with the neighboring ro ert to the north to get access to Tronstad Road. c. Promoting safety from fire panic and other dangers The Property is currently in the West Valley Volunteer Fire District and Flathead County Sheriff's jurisdiction. With annexation the fire and Policv duties will transfer to the City of Kalispell Fire Department and the Kalispell City Police Department. The property is not located within a 100- ear flood zone and there are no steep slopes to be concerned with on the property. d. Promoting Public interest, health, comfort, convenience, safety and general welfare As the City of Kalis ell has designated the sub"ect property for Suburban Residential development, the property would appear to be an appropriate location for such land use. An development of the subject property will be subject to the rules and regulations of the following agencies: Kalispell Public Works Department the Kalispell Planning Department the Kalispell Building Department, the Montana Department of Transportation Department, Montana Department of Environmental Quality along with others. The rules these department administer are designed to promote the health and safety of the general public. e. Preventing the overcrowding of land The Kalispell Growth Policy has identified this property for Suburban Residential uses. The proposed R-4 zoning promote the intentions of the City's Growth Policy and by design prevent the overcrowding of the land. f. Avoiding undue concentration of population The Kalispell Growth Policy has identified this property for Suburban Residential densities. The proposed R-4 promote the intentions of the Cit 's Growth Policy and by desi n prevent an undue concentration of people. g. Facilitating the adequate provisions of transportation, water, sewage, schools, parks, and other public facilities. Hi-ghway 93 is a State maintained roadway that provides access to the subject properties. In addition Hagerman Lane provides access to the properties located along the west side of the property and the recent!y aipproved Stillwater Village provides addition connections to the west side property. The roads within Stillwater Village will be City Streets and with subdivision of the Dusty Acres property Hagerman Lane will most likely become a City Street. With annexation, the subject property will utilize Kalispell water and sewer services. These services are located in Highway 93. The subject property is in the Kalispell School District. Park areas will be developed on -site as part of the future subdivisions. h. Giving reasonable consideration to the peculiar suitability of the property for particular uses Dusty Acres Annexation The subiect Property is located in Highway 93 corridor that the City has included in its annexation boundary. The property is adjacent to the City limits and is located between Silverbrook Stillwater Villacie and Quail Meadows. The property is in the area identified for City expansion. Protecting and conserving the value of buildings The proposed zonin-q complies with the Ion ran - a plans of the City. New development will be subject to the Cit 's building code review and Architectural standards. The new develo went will Provide landscape buffers alon-q the Highway. The annexation will conserve the value of buildings. Encouraging the most appropriate use of land by assuring orderly growth The annexation and zoning will promote the Cit 's long range vison for land use. The Cit 's existing development standards will ensure that any development happens in an orderly fashion and without impact services to its citizens. Dusty Acres Annexation At 410% CITY OF # Akh KALISPELL ■�rl17�I�� R-4 Residential Kalispell Zoning Dusty Acres Subject Parcels B-1 Neighborhood Business R-2 Residential w/ PUD R-3 Residential R-3 Residential w/PUD p R-4 Residential o RA-2 Residential Apartment w/PUD h Data Sources: h Pines Club Montana Cadastral, N Flathead County GIs City of Kalispell GIs, Austin Bachurski - September 12, 2023 R-3 Residential R-3/PUD Residential With Pud 1140 1710 Feet Basemap: Esri Community Maps, ArcGIS.com CITY OF Kalispell Mailing List ®Subject Parcel 0 Mailing List Parcels Dusty Acres KALISPELL 0 Other Parcels Data Sources: Montana Cadastral, N 0 385 770 1540 2310 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - September 12, 2023 Esri Community Maps, ArcGIS.Com