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Woodland Park Apartments Annexation and Zoning Staff Report-.0,Nokllllll 1111111 4� 11 CITY or, k KALINFELL Development Services Department 201 ls'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: KA-24-01— Woodland Park Apartments (Scoreboard) Annexation and Initial Zoning MEETING DATE: March 4, 2024 BACKGROUND: TCC Investments, LLC, Scoreboard Sports Bar, LLC, and Mitch Tormohlen have applied for annexation and initial zoning of B-1 (Neighborhood Business) for property located at 520 Lenwood Lane and along the east property line of 51, 55, and 75 Woodland Park Drive. The property totals approximately 17,400 square feet. It consists of a recently abandoned alley right-of- way and a lot used as parking for the Scoreboard Bar (the Scoreboard Bar itself is already within the city limits). While no plans have been submitted, it is anticipated that the property will be developed as an apartment complex. The application and review are limited to the annexation and initial zoning designation for the property. A review of any redevelopment of the site would occur when plans are submitted. The property can be legally described as a tract of land in Block 3 of Phillip's Addition to Kalispell in the southeast quarter of Section 8, Township 28 North, Range 21 West, P.M., Montana, Flathead County, more particularly described as Lot 12 of said Block 3 of Phillip's Addition to Kalispell and that portion of the abandoned alley adjoining the West line of Lot 12 and the East line of Lots 13-16 of said Block 3 of Phillip's Addition to Kalispell, per Road Abandonment No. 522. The area to be annexed includes adjacent rights -of -way. The Kalispell Planning Commission held a duly noticed public hearing on February 13, 2024, to consider the request. Staff presented staff report KA-24-01 providing details of the proposal and evaluation. Staff recommended that the Planning Commission adopt the staff report as findings of fact and recommend to the Council that the request for annexation and initial zoning be granted. Four public comments were received at the public hearing. The comments primarily related to future development of the property. The public hearing was closed, and a motion was presented to adopt staff report KA-24-01 as findings of fact and recommend to the Kalispell City Council that the annexation be approved with an initial zoning designation of B-1 (Neighborhood Business). Commission 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 6188, 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 a tract of land in Block 3 of Phillip's Addition to Kalispell in the southeast quarter of Section 8, Township 28 North, Range 21 West, P.M., Montana, Flathead County, more particularly described as Lot 12 of said Block 3 of Phillip's Addition to Kalispell and that portion of the abandoned alley adjoining the West line of Lot 12 and the East line of Lots 13-16 of said Block 3 of Phillip's Addition to Kalispell, per Road Abandonment No. 522. The area to be annexed includes adjacent rights -of -way. INITIAL ZONING: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1918, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as a tract of land in Block 3 of Phillip's Addition to Kalispell in the southeast quarter of Section 8, Township 28 North, Range 21 West, P.M., Montana, Flathead County, more particularly described as Lot 12 of said Block 3 of Phillip's Addition to Kalispell and that portion of the abandoned alley adjoining the West line of Lot 12 and the East line of Lots 13-16 of said Block 3 of Phillip's Addition to Kalispell, per Road Abandonment No. 522, as City B-1 (Neighborhood Business) 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 6188 Ordinance 1918 February 13, 2024, Kalispell Planning Commission Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk KALISPELL CITY PLANNING COMMISSION MINUTES OF REGULAR MEETING February 13, 2024 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 Rory Young, Pip Burke, Doug Kauffman, and Joshua Borgardt. Chad Graham, Kevin Aunich, and Tim Stocklin were absent. Jarod Nygren, PJ Sorensen, Kani Barnhart, and Kirstin Robinson represented the Kalispell Planning Department. APPROVAL OF MINUTES Burke moved and Young seconded a motion to approve the minutes of the January 9, 2024, 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. DEPOT PARK BUILDING The City of Kalispell intends to apply for a Montana Histonic Preservation Grant MONTANA HISTORIC (MHPG) in the amount of $286,338. The purpose of the grant request is to enhance PRESERVATION GRANT the historic landmark's exterior. The prQl*ect involves installing a new roof, gutters, PUBLIC HEARING and exterior paint. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed the Depot Park Building Montana Histonic Preservation Grant. The completion of these improvements will transform the landmark into a welcoming space for both the community and visitors. This initiative is poised to have a positive economic impact, attracting more people to our area and providing a boost to local businesses. Mr. Nygren noted the proposed prQject is expected that the proposed prQl*ect is exempt under Montana ARM 8.2.304(5). BOARD DISCUSSION None. PUBLIC COMMENT None. KA-24-01 WOODLAND PARK A request from TTC Investments, LLC, Scoreboard Sports Bar, LLC, and Mitch APARTMENTS ANNEXATION Tormohlen for annexation and initial zoning of B-1 (Neighborhood Business) for property located at 520 Lenwood Lane and along the east property line of 51, 55, and 75 Woodland Park Drive. The property totals approximately 17,400 square feet. It consists of a recently abandoned alley night -of -way and a lot used as parking for the Scoreboard Bar. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report 9KA-24-01. Staff recommends that the Kalispell City Planning Commission adopt Staff Report 9KA-24-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city B-1 (Neighborhood Business). BOARD DISCUSSION None. Kalispell City Planning Commission Minutes of the meeting of February 13, 2024 Page I I PUBLIC COMMENT Cheryl Kusch — 546 Lenwood — Has concerns about traffic, water, ownership, and would like to know if she would be notified if apartments were to be developed on the site. Donald Seaman — 33 E Nicklaus — Owns the aqjacent lot and would like to know of there will be another meeting for the development. He has concerns about the existing parking lot and how developing it would affect his property. Dean Kusch — 546 Lenwood — Agrees with MT. Seaman and has concerns about snow storage. Kathy Bradley — 538 Lenwood — Has concerns with future development. MOTION — KA-24-04 Young moved and Burke seconded that the Kalispell City Planning Commission adopt Staff Report 9KA-24-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city B-1 (Neighborhood Business). BOARD DISCUSSION Young clanified with Staff that if apartments were to be developed on the site that a Conditional Use Permit would not be required and there would not be public notice due to new legislation. Sorensen stated that if the existing bar were to be expanded, there would be public notice since it's a conditionally permitted use. He also advised any development on the site would require the City's standard review process. Sorensen confirmed that the owner of the property is TTC Investments, LLC. Nygren advised that any proposed development would be on city water; not private water and that the developer may be required to conduct traffic impact studies which may lead to mitigation steps. Nygren stated that B-1 zone is the lowest density zone and that residential to commercial buffers are included in City standards. ROLL CALL Motion passed unanimously on a roll call vote. PUBLIC PARTICIPATION PLAN As part of the transition of the City's land use procedures under the new Montana Land Use Planning Act (Senate Bill 382), the City will create and adopt a Public Participation Plan that describes how community members and stakeholders will be involved in the process of adopting, amending, and updating the growth policy/land use plan as well as land use regulations. The Plan is intended to raise awareness, provide a roadmap for the public to outline a clear and accessible public process, ensure input is sought, and be considered by a broad range of participants. The Commission will hold a formal public hearing and forward a recommendation regarding the adoption of the Plan to the City Council for its consideration. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed the Public Participation Plan. Staff recommends that the Kalispell City Planning Commission for -ward a recommendation regarding the adoption of the Plan to the City Council for its consideration. BOARD DISCUSSION The Commission and Staff discussed having a timeline for the Plan. PUBLIC COMMENT None. Kalispell City Planning Commission Minutes of the meeting of February 13, 2024 Page 12 MOTION — PUBLIC Burke moved and Young seconded that the Kalispell City Planning Commission PARTICIPATION PLAN recommend that the City Council adopt the Plan. BOARD DISCUSSION Nygren advised the Commission that he is applying for a state grant application that would assist in notifying the public of the new process. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Sorensen updated the commission on the January 9, 2024 agenda items and advised that staff attended a local government legislative committee in Helena to discuss the status of Senate Bill 382. NEW BUSINESS Sorensen advised the commission that there will not be a March 12, 2024 Planning Commission Meeting. Nygren advised that the PRO Housing Grant awards should be coming soon. ADJOURNMENT The meeting a4journed at approximately 6:48PM. WORK SESSION Transitioned into work session on the Montana Department of Commerce Training Session. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Commission Minutes of the meeting of February 13, 2024 Page 13 WOODLAND PARK APARTMENTS ANNEXATION ANNEXATION AND INITIAL ZONING OF B-I UPON ANNEXATION STAFF REPORT #KA-24-01 KALISPELL PLANNING DEPARTMENT FEBRUARY 13,2024 This report to the Kalispell City Planning Commission and the Kalispell City Council is regarding a request from TTC Investments, LLC, Scoreboard Sports Bar, LLC, and Mitch Tormohlen for annexation and initial zoning of 13- 1 (Neighborhood Business) for property to the east of Woodland Park Drive containing approximately 17,400 square feet. A public hearing has been scheduled before the Planning Commission for February 13, 2024, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Commission will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION TTC Investments, LLC, Scoreboard Sports Bar, LLC, and Mitch Tormohlen have applied for annexation and initial zoning of B-1 (Neighborhood Business) for property located at 520 Lenwood Lane and along the east property line of 51, 55, and 75 Woodland Park Drive. The property totals approximately 17,400 square feet. It consists of a recently abandoned alley right- of-way and a lot used as parking for the Scoreboard Bar. While no plans have been submitted, it is anticipated that the property will be developed as an apartment complex. The application and review are limited to the annexation and initial zoning designation for the property. A review of any redevelopment of the site would occur when plans are submitted. 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. Thestatutory 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. Petitioners / Owners: TTC Investments, LLC Mitch Tormohlen Scoreboard Sports Bar, LLC 8283 d Ave W 264 N Main St, Ste 100 Kalispell, MT 59901 Kalispell, MT 59901 I B. Location and Legal Description of Properties: The property can be legally described as a tract of land in Block 3 of Phillip's Addition to Kalispell in the southeast quarter of Section 8, Township 28 North, Range 21 West, P.M., Montana, Flathead County, more particularly described as Lot 12 of said Block 3 of Phillip's Addition to Kalispell and that portion of the abandoned alley adjoining the West line of Lot 12 and the East line of Lots 13-16 of said Block 3 of Phillip's Addition to Kalispell, per Road Abandonment No. 522. The area to be annexed includes adjacent rights -of -way. C. Existing Land Use and Zoning: The subject property is being used as a parking lot for the Scoreboard Bar. The property is zoned county R-5 (Two -Family Residential). The Flathead County Zoning Regulations state that the intent of the district 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." 0 Proposed Zoning: The proposed zoning is city B-I (Neighborhood Business). The Kalispell Zoning Regulations state that the intent of the district is "a business district intended to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district would typically serve as a buffer between residential areas and other commercial districts. Development scale and pedestrian orientation are important elements of this district. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses That require me outdoor display, sate and/or storage of merchandise, outdoor services, or operations to accommodate large-scale commercial operations. This zoning district would typically be found in areas designated as neighborhood commercial or urban mixed use on the Kalispell Growth Policy Future Land Use Map. E. Size: The subject property is approximately 17,400 square feet. F. Adjacent Zoning: North: County B-I East: County R-5 West: City B-I & P-1 South: City B-I & County B-I G. Adjacent Land Uses: North: General commercial & office East: Single-family residential West: City Park South: Auto repair & gas station 0 H. General Land Use Character: The general land use of the area is a transition area from smaller scale commercial development to single-family residential. The predominant use in the area is Woodland Park to the west. The subject property is near the entrance to the city pool in the park. The area also includes multi -family development. 1. Utilities and Public Services: Water and sewer service are available within the Woodland Park Drive 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: City of Kalispell available upon annexation Water: City of Kalispell available upon annexation Refuse: City of Kalispell available upon annexation Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Hedges Elementary/Flathead High School Fire: South Kalispell Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation 1. 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. 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 South Kalispell Rural Fire District and the Flathead County Sheriff's office. The applicants have submitted Notices 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 0.75 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 11. 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 B-I (Neighborhood Business). ;7�111111111� Kalispell Growth Policy I A ITSPELT, Woodland Park Apartments bj�c� Facel R—d-tI Ub R,,�idtml Publir/Qu Public, Openspace COr OPLn'La- 1-d-4 N 0 65 130 260 3�jo ty eet C,ty �f K� 11 Basemap: Esn Community Maps, ArcCIS com 1. Does the requested zone comply with the growth policy? The subject property will be aggregated with property to its west, which is already within the city limits. That property is zoned B-I with a growth policy designation of Commercial on the Kalispell Growth Policy Future Land Use Map, which supports the B-I zoning. The map designates the subject property as Urban Residential. The zoning ordinance generally does not contemplate B-I as a zone within that land use designation. Under Section 27.20.070 of the zoning ordinance, lots should not be split into two or more zones if possible. It is important to note that the growth policy is not in itself a regulation. Rather, it is a policy document that guides regulation. As such, the mapped designations should not be viewed as fixed lines on a map and the appropriate zoning district for the propeity as a wholle should be based on growth policy map designations as well as the nature of the existing use of the property, which is parking for a bar, and the existing county zoning that is in place. Under both city and county zoning, B-I zoning matches the existing condition more closely than a residential district. Additionally, the B-I is intended to serve as a buffer zone between higher intensity uses and residential areas. It accomplishes that goal in this situation. Taking into account the growth policy, the growth policy map, existing county zoning and the existing use, the requested zone of B-I would comply with the growth policy and applying that district to the entire property would be consistent with the zoning ordinance. k' 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The access for the properties is onto Woodland Park Drive. Annexation and zoning of the existing use would not change the impact on the transportation systems. The impact on the transportation systems will be reviewed as part of any redevelopment of the property. 3. Will the requested zone secure sak1y 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 uponannexation. Once annexed, any future redevelopment of the property would be subject to city 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 B-1 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 development of the property in the city with a city zoning designation would allow access to those services, although many city services are already being used. 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 suitabilily for particular uses? The proposed B-1 zoning district is consistent with the surrounding 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. M 9. Will the proposed zone conserve the value of buildings? The value of the buildings in the area will be conserved because the B-I zoning district will promote compatible and like uses on this property as are found on other properties in the area. Any potential future redevelopment of 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 qppropriate use of the land throughout the municipalily? 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 Commission adopt Staff Report 4KA-24-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city B- I (Neighborhood Business). 7 1830 3111 Avenue East Suite 303 Kalispell, MT 59901-5778 40�5 755 2763 K11 I 'Ri 001'4� 1/8/2024 City of Kalispell Development Services Department 201 1st Avenue East Ka I is pe 11, MT 59901 Re: Woodland Park Apartments - Annexation Petition — Phillips Addition Lot 12 Dear Kalispell Development Services Team, K L KLJ Engineering is contracted to assist with the redevelopment offive lots nearWoodland Parkin Kalispell, MT. Four of the lots (13-16) are currently within the limits of the City of Kalispell, and the remaining lot (12) is outside city limits. Enclosed is a petition for annexation and initial zoning for lot 12. Previously separating lots 13-16 from lot 12 was a 12' wide alley under Flathead County jurisdiction. An abandonment petition was filed with the County and granted on 24 August 2023. Following the approval of the alley abandonment, new legal descriptions were createdfor the adjacent lots, incorporating the abandoned ROW. The new legal descriptions were reviewedand confirmed as acceptablefor recordingwith the Flathead County Plat Room. A pre -application meeting with PJ Sorenson was held on 30 August 2023, during which the plan for annexation, the proposed initial zoning, andthecompleted alley abandonment process were discussed. Thecurrent zoning of the propertyto beannexed is R-5 and the proposed new zoning is B-1, which is consistent with the zoning of lots 13-16. The propertyto be annexed is consistent with the Kalispell Growth policy. Included in this petition are the following: 0 A petition for annexation and initial zoning for lot 12 and the abandoned alley • Signed and notarized petitions for annexation and withdrawal from the county fire district from each lot owner adjacent tothe propertyto be annexed • Alley abandonment determination from Flathead County • New lega I descriptions for property to be annexed • Acceptance of recorclabilityfor the new legal descriptions from the Flathead County Plat Room If you should have any questionsabout the petition or any of the enclosed items, pleasefeel free to contact me at 406-300-7104 or Ryan. Blumer@ kljeng.com. Sincerely, Ryan Blumer, PE, PMP Associate Project Manager KLJ Enclosure(s): Petition Application, Adjacent Owner Petitions, Alley Abandonment Determination Letter, New Lega I Descriptions, County Plat Room Recorda bility Confirmation Project #: 2204-00753 Services I � Y rtrn c", not 201 1st Avenue East Kalispell, IVIT 59901 I<ALISPELI., Phone (406) 758-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: plan n I ng(o)kalispel I.corn Website: Aww-karispell.corn project Narne Woodland Park Apts. Property Address 520 Lenwood Ln NAIME OF APPLICANT Tuyen Tran - TTC Investment LLC, and Scoreboard Sports Bar LLC ine Applicant Address 264 N MAIN ST SLJite 100 City, State, Zip Kalispell, MT 59901 Applicant Email Address It not curfenf Owner, Please attach a letter from the Current owner authonzing the applicant to proco�?(,l �,vj�j� tim aj")p1jcaf1(m. OWNER OF RECORD Same as applicant —]City, Owner Phone Owner Address State, Zip Owner Email Address CONSULTANT (ARCH ITECT/EN GIN EER) Ryan Blurner, PE. PMP - KLJ Engineering Phone 470-439-9226 Address 1830 3rd Ave E Unit 201 City, State, Zip Kalispell, MT 59901 Email Address iyan.blt,iiiiei(�i�kljc-ii�j.(:;ofii POINT OF CONTACT FOR REVIEW COMMENTS Ryan Blurner Phone 470-439-9226 Address 1 830 3rd Ave E Unit 201 ---1 City, State, Zip Ka Ii spell, MT 59901 Email Address ryan.b1urner@kIjeng.corn Ust ALL owners (any individual or other entity with an ownership interest in the property): -.1-TC �nvestments LLC, Scoreboard Sports Bar LLC, Mitch Tormohlen - FTC hivestments LLC, Scoreboard Sports Bar LLC, Mitch Tormohlen TTC �nvestments LLC, Scoreboard Sports Bar LLC, Mitch Tormohlen Lega� Description (please attach a full legal description for the property and a copy of the most recent deed). 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 (p�at@fiathead.mt.gov). 201 Ist Avenue East Kalispell, IVIT 59901 Phone (406) 758-7940 1. Land In project (acres) 0,59 2. CUrrent estimated market value Estimated market value of proposed development at 50% build out $ Estimated market value of proposed development at 100% build out $ 3. Is there a Rural Fire Dept RSID or Bond on this property? []YES nV N 0 If yes, remaining balance is: $ 4. Present zoning of property R - 5 5. Proposed zoning of property B-1 6. State the changed or changing conditions that make the annexation necessary: I " --' !� J""p-'nq " de'elof en I of tots 12 a, id 14- 16 .1 IM PIN I I i p., addiho,, In ,, d�, to (h., "d eve, o p'��ent 'A 12 1 th, f all�y spa,anng t f ...... uts 1�-16 n st annexed nk, the aty li �ts, HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet w/ answers): a. Promoting the Gro\AAh Policy b. Lessening congestion in the streets and providing safe access c. Prornoting safety from fire, panic and other dangers d. Prornoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowding of land f. Avoiding Undue concentration of population g� Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities h. Giving teasonable consideration to the character of the district i. Giving consideration to the peculiar suitability of the property for particUlar uses j. Protecting and conserving the value of buildings k. EnCOUraging the most appropriate use of land by assuring orderly growth j hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, docurnents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of rny 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 4*1 X-"7M#*rX'- during the approval and development process. Appficant Signature 12 Date / Woodland Park Apartments Annexation Petition Zoning District Summary: The proposed development associated with this annexation petition consists of multi -family housing buildings with the possibility of first floor commercial space. The annexation application proposes that the annexed properties, the abandoned alley and lot 12, be zoned as B-1 which is the same as the current zoning of lots 13-16. This planned use is consistent with the permitted uses and uses permitted by conditional use permit for the proposed B-1 zoning. The proposed property to be annexed is identified in the Kalispell Growth Policy and shown as urban residential. The proposed zoning district will provide safe access and lessen street congestion by providing off street parking for residents and close pedestrian or alternative transportation access to city amenities including Woodland Park and Woodland Water Parkwhere existing pedestrian safety facilities for street crossing are already in place. It will also promote safety from fire and panic by abiding by current building codes and ADA regulations. It will improve the public interest and prevent overcrowding and undue population concentration by providing much needed affordable rental units for flatheadvalley residents and do soin a mannerthat is consistentwith the growth vision for the City of Kalispell. The development will be served by city utility services, which already serve the existing buildings on that property, and as such will provide the appropriate adequate transportation, utilities, and other public facilities. This development is not out of character for the district and is consistent with the current zoning and ongoing developments in that neighborhood. It also encourages the most appropriate use of that land by addressing the needs of the public in a way that allows access to parks, trails, and commercial opportunities. Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, NIT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectftilly 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 ritutually 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 arc in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) ftirther herein express an intent to have the property as herein described withdrawn from the South Kalispell Rural Fire District tinder 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 frorn 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. e- This City herchy �Igrccs to �111mv Pc(Illollcr(s) to cormcct m)d I-cc(,Ivc ,III �Ivmklblc Litilities I'I'0IR tile City of' K-dispcjl� 1) c t I ( 1 o 11 c r/ G)��/ , ner f I I c I i t i () I I c r / () \ v I I c I - Date NOTE: You must attach an Exhibit A Iha( provides a bona fide legal description of the property to I)e annexed. S'FA'rE OF' MONTANA S Is COLIFIty 0H-'IItIlCId ('01,1111Y Oil this cl � I v 0 f . filav b� �AOj, bef'orc me, the undersigned, t Notary I'LlbliC fi)r tile State of,molltarm, persollIlly appearc,cl knowil to tile to be tile persort �'vhosc 11,1111c is subsctibcd to the 1,01'e"OH10 Instrument and acknowlech"ed to tile that helshe executc(I (lie Smile. NOIARY PUBLIC for the SEAL State of Montana Residing at Kalispell, Montana My C ommission Expires C'f NAO April 30, 2026 STATE01"MONTANA ) ss Comity ol'Flathcad COLIFII�� 0 sctfi-Mv�liid mi n I,xc(l I-11- otll- 'al the clay alld xn ry fluhlic� St'ite of, M t III-111ted Nmiiejh�Lj 'A' Residill'o at 7?1 — 42- My Commission cxpircs: Oil this —day of' belore [lie, the undensluried. a Notary I"Liblic I -or the State of,molitll-Il, persollally appem-ed kriowri to me to be the person WhOSe 11,11110 is SLIbSo-Tibed 10 the f'0I-c11()IFI() IIIS11-1-1111CF)t MICI �ICIMONXICCIlICCI 1.0 ]Ile th�lt hC/ShC CXCCLItCd tile S�1111C. IN WITNE'SS WFIFRE ' OF. I Ii,'Ivc hercunto set mv ImIld mid ifTixed my Notary Scil the day and Year in this certiticate first above writteii. NOUII-)� PLIWIC� StItC 01" M0IlWll',I Printed Minic Re"Idlill, it M\ ('mmilission CXI)11-cs.. LEGAL DESCRIPTIONS: A tract of land in Block 3 of PHILLIP'S ADDITION TO KALISPELL in SEI/4 of Section 8, T28N., R21W., P.M., Montana, Flathead County, rnore particularly described as follows: Lot 12 of said Block 3 of PHILLIP's ADDITION TO KALISPELL. Said tract contains 15,000 square feet more or less and is subject to all existing casements and documents of record, A tract of land in Block 3 of PHILLIP'S ADDITION TO KALISPELL in SE1/4 of Section 8, T28N., R21W., P.M., Montana, Flathead County, more particularly described as follows: That portion of the abandoned alley adjoining the West line of Lot 12 and the East line of Lots 13-16 of said Block 3 of PHILLIP'S ADDITION TO KALISPELL, per Road Abandonment No. 522. Said tract contains 2,400 square feet more or less and is Subject to all existing easements and documents of record. Return to: Aimee BrUnckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, NIT 59903 PETITION TO ANNEX AN I) NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioiier(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) ftirther herein express an intent to have the property as herein described withdrawn from the South Kalispell Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities f-rorn the City of Kalispell, 'nis city im-eby �11,,,I-Ces to allo%\ PcIltioner(s) to o"01111CCt M)d FCCCiVC 111 �IV�I*ILINC Utilities fi,oill the city of, Kal ispCII. Petitioncl-A )WIICI, Date Pct it loilcl./( )owner Date NOTE: You must attach an ExhiW1 A 1hat provides a bona fide legal description of the property to l)e annexed. STATE 0 F M 0 NITA N A ) : Ss County ofFlatlicad COLIIIIY I)Cf -C 111C. t1lo, undcrsi�-nied. a Notary PLIbIiC t`01- cliv �(,. On this 0I 111C State of' monlalla, persoll,11IN appcm-ccf I\/ : A. I T"C'" - t4 , I ...... . ...... ... ....... — known to 111C to be the pe.1-soll �vjlosc llimlc is subscl-lbcd to flic f0reloohio instrunmit and acknowledged to IIIC til',It IICISIIC CXCCUIC.d dIC SW11C. IN WI'-I'NFSS \VI IFRI-OF, I 1mve liel-Culliosc.1 111V 11m)(11 mid 111,fixed 111V Notnry Seal the day alld N A P NOTARY PUBLIC for the N State of Montana otm-Y Public, C o Molit"Iml ,"y y y Residing at KahspeH, Montana Printco-I Mime �--to My ComPnission Expires March 21, 2026 Rcsidill'o �It NIV (Alillmissiol) expires: 2 tzi STATE 01 N1 N - FA N A ss County offlatbead Counly Oil this —day of bck)jo, me, the undersigned. a Notary Public Cor tbe State ofmollWml, persomIlly appem-cd ---- -- known to me to be the persoii wbose mulle is subscribcd to the 1,01"C"10111,0 )IlStl'LIIIICIII II)d ICkJI0NAdCdg0CI to me that IIC/1 she CXCCLIICCI 01C. S',IIM�. IN WI'FNI,'SS W I-IFIRLOF, I Iim,c i](21-CLIIIIO SCI illy liand mid �Ilflxcd illy Notary Seal t1le day and year in this Certifiellc I'll-st abovo" �� I-IItCn. Public, Smte of, moilt"Ill'i Printed Nmllc Rcsidim,� �I[ M\ Comillksion CXpII-Cs: LEGAL DESCRIPTIONS: A tract of land in Block 3 of PHILLIP'S ADDITION TO KALISPELL in SEI/4 of Section 8, T28N., R21W., P.M., Montana, Flathead County, more particularly described as follows: Lot 12 of said Block 3 of PHILLIP's ADDITION TO KALISPELL. Said tract contains 15,000 square feet more or less and is subject to all existing casements and documents of record. A tract of land in Block 3 of PHILLIP'S ADDITION TO KALISPELL in SEI/4 of Section 8, T28N., R2 I W., P.M., Montana, Flathead County, more particularly described as follows: That portion of the abandoned alley adjoining the West line of Lot 12 and the East line of Lots 13-16 of said Block 3 of PHILLIP'S ADDITION TO KALISPELL, per Road Abandonment No. 522. Said tract contains 2,400 square feet more or less and is subject to all existing casements and documents of record. Flathead County Board of Commissioners (406) 758-5537 Brad W. Abell Randy L. Brodchl Parnela J. Holincluist Date: AUgUSt 24, 2023 To: Abutting Property Owners From: Dori Magar, Clerk of the Board Re: Petltio�n for Road Abandonnient No. 522 AlIcY A(Ijoining Lots 1246 Block 3 ol'Plzillips A(Itlition Please take notice that the Board of County Commissioners, Flathead County, Montana, made the following motion at the Public Hearing held on August 24, 2023: 1-101111(]LliSt moved to approve Road Abandonment: 4522 / Alley Aqjoirnng Lots 12-16 Block 3 or Phillips Addition within the scope ofany interest the County may have, if any. Brodehl --- 2`1 Aye --Abell, Brodehl, and Holniquist Motion carried. Therefore, the public roadway is considered abandoned. The audio recording ofthis, motion and the entire public hearing is available online at: littL)s-://flathead.iiit.(,,ov/depai-tiTicitt-clirectoi-y/coiiiniissio�ii(,rs- office/curi-ent-Mi-nutes Please feel frec to contact me at 758-5537 or di-nagit-(�i.i,)flatticad.int.,L,,ov with any ClUestions. Thank you, Dori Magar Clerk of the Board Enc: Viewers Report, map CC: Flathead County Plat Room Flathead County Road Department Deputy County Attorney David Randall 800 South Main, IZoom 302, Kahspell, MT59901 (406) 758-5537 Fax (406) 758-5861 935 EaA O�ey0t) StVCCt Kali5pek, MT 59901 inroommsurvey.net P (406) 755-6285 July 11, 2023 TO: Flathead County Commissioners 800 South Main Street Kalispell, Montana 59901 FROM: Board of Viewers SUBJECT: Road Abandonment No. 522 Dear Commissioners: Pamela J. Holinquist, Flathead County Commissioner and Dawn IN/larquardt, Examining Land Surveyor for Flathead County, comprising the Board of Viewers, on June 22, 2023, viewed the following roadway requested for abandonment. DESCRIPTION A tract of land in Block 3 of the Phillips Addition in the SE '/,I of SQction 8,'I'2SN., R 2 1 W., P.M., Montana, Flathead County more particularly described as follows� That portion of the alley adjoining the West line of Lot 12 & the East line of Lots 13-16 of Block 3 of said Phillips Addition. Said tract contains 2400 square feet more or less and is sub�ject to all existing easements and documents of record. We found upon viewing: 1) The alley is developed as a one lane gravel and dirt road. 2) All property owners that would be directly affected by the abandonment of the right of way have consented to the abandonment. 3.) The alley does not provide access to public land. 4.) Any public utilities in the alley would remain unaff cted by abandonment & preserved under 7-14-2617NICA� 5.) According to the Co. Atty. the law dictates that the alley Should have been annexed when the adjacent lots were annexed into the city� It is unclear what portion, if any, of the alley is under County jurisdiction. ft is our opinion that if this alley was not annexed, it can be annexed at the time the property to the east is annexed & it would be LIP to the city to abandon the alley. We recommend denial of the petition for the abandonment of the above described right of way, Sincerely, Pamela J. Holmqu County Commissi )ner . ........ . Dawn"tNrq6rdt Examining Land Surveyor LAND OWNER: TCC INVESTMENTS LLC SELL ]TALL LLC SCOREBOARD SPORTS BAR LLC FLATHEAD COUNTY (ALLEY) LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN BLOCK 3 OF THE PHILLIPS ADDITION IN THE SEI/4 OF SECTION 8, T.28N., R.21W., P.M.MONTANA, FLATHEAD COUNTY; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE ALLEY ADJOINING THE WEST LINE LOT 12 AND THE EAST LINE OF LOTS 13-16 OF BLOCK 3 OF THE SAID PHILLIPS ADDITION, SAID TRACT CONTAINS 2,400 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ALL EXISTING EASEMENTS AND DOCUMENTS OF RECORD, LENWOOD LANE 12' LOT 13 ALLEY TO, BE I I /,-ABANDONED CITY LIMITS 7- LOT 12 LOT 14 LOT 11 LOT 15 LOT 16 ko LOT A LOT B LOT 18 LOT 19 40 0 40 80 LOT 12 - TCC INVESTMENT LLC mmummom SCALE rrET LOT 13 - SELL IT ALL LLC LOTS 14-16 - SCOREBOAR,D SPORTS BAR LLC BASIS OF BEARING: GEODETIC NORTH: BASED UPON G.P.S. OBSERVATIONS AT N48'11'58.92117" W114'17'54.68557" LEGEND N 0 FOUND 3/4" PIPE WITH YPC 2343S TO BE ABANDONED CURRENT CITY IJMITS LEGAL DESCRIPTIONS: A tract of land in Block 3 of PHILLIP'S ADDITION TO KALISPELL in SEI/4 of Section 8, T28N., R2 I W., P.M., Montana, Flathead County, more particularly descni bed as follows: Lot 12 of said Block 3 of PHILLIP's ADDITION TO KALISPELL. Said tract contains 15,000 square feet more or less and is subject to all existing easements and documents of record. A tract of land in Block 3 of PHILLIP'S ADDITION TO KALISPELL in SEI/4 of Section 8, T28N., R2 I W., P.M., Montana, Flathead County, more particularly descni bed as follows: That portion of the abandoned alley a4joining the West line of Lot 12 and the East line of Lots 13-16 of said Block 3 of PHILLIP'S ADDITION TO KALISPELL, per Road Abandonment No. 522. Said tract contains 2,400 square feet more or less and is subject to all existing easements and documents of record. To: Subject: Attachments: Ryan Blumer Fwd: Legal Descriptions for Annexation LEGAL DESCRIPTION Annexation.docx Follow Up Flag: Flag Status: Get Outlook for iOS ............................................................................................... Flag for follow up Completed From: Sarah Arrigoni <slarrigoni@flathead.mt.gov> Sent: Tuesday, October 3, 2023 2:43:30 PM To: Jonah Winchester <jonah.winchester@kIjeng.com>; 'Planning@ kalispell.com' <Planning@ kalispel I.com> Cc: Ryan Blumer <ryan.blumer@kljeng.com> Subject: FW: Legal Descriptions for Annexation You don't often get email from slarrigoni@flathead.mt.gov..I�.ear %A y Itl i is i rn p ..................... . .... ........ ............. .... CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon The attached legal description is recordable. Thankyou Sarah Arrigoiii, S-Lipel-visor Plat Rooiii &- Recordilig Offices Flathead Co-Lility slarrigoiii 46flatheadmit.gov 406-314-6997 From: Jonah Winchester <jonah.winchester@kIjeng.com> Sent: Monday, October 2, 2023 10:49 AM To: Plat Room <Plat@flathead.mt.gov> Cc: Ryan Blumer <ryan.blumer@kljeng.com> Subject: Legal Descriptions for Annexation To whom it may concern, Attached is a set of legal descriptions for Lot 12 of Block 3 of the PHILLIP'S ADDITION TO KALISPELL and the abandoned alley, per RA 522. We will be creating an exhibit of the tracts of land for the annexation process, but wanted to verify that our legal descriptions would be approved by the county beforehand. Please review the attached document and provide any feedback the Plat Room has. JonuhvWnchester smbrsurey (JeW Chief 0I 4oa-soo-7maDirect 400-8974845ceU lasosmAv nueFust unosos Kalispell, mrsggol djeng.cwm