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Radesovich Staff ReportDevelopment Services Department 201 Is'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-24-02— Radosevich Annexation and Initial Zoning MEETING DATE: May 6, 2024 BACKGROUND: Cindy and Steven Radosevich have submitted an application for annexation and initial zoning of RA-1 (Residential Apartment) for property located at 255 Three Mile Drive at the northwest corner of Three Mile Drive and North Riding Road. The annexation would allow the property to connect to the city sanitary sewer. The current drain field extends onto the adjoining property that was part of excess land from the bypass project. The land was sold at auction and now has preliminary plat approval, which will necessitate abandoning the drain field and connecting to city sewer. The legal description for the property is attached as Exhibit A. The adjacent rights -of - way have previously been annexed. The Kalispell Planning Commission held a duly noticed public hearing on April 9, 2024, to consider the request. Staff presented staff report KA-24-02 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. One public comment was received at the public hearing. The comment primarily related to connections to city utilities. The public hearing was closed and a motion was presented to adopt staff report KA-24-02 as findings of fact and recommend to the Kalispell City Council that the annexation be approved with an initial zoning designation of RA-1 (Residential Apartment). 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 6192, 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 1920, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property which can be described as shown on Exhibit A, attached hereto and incorporated by reference, as City RA-1 (Residential Apartment) 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 6192 Ordinance 1920 April 9, 2024, Kalispell Planning Commission Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk EXHIBIT A A'Tract of land 11n the 5❑utheast Qaartelr of the Southeast Quarter of the Southwest (2narter of Section Oric, Township Twenty-eight North, Range Twenty -tyro Welt, )M.PAL, Flathead County, Montao1s, described 0 fallows. Cumrnenting at a point pn the North Fight -of -WAY boundary line of a County Road, commanlyknQwn ns 4 `',three Milt Drive"and which po , lot is o iestPior[h of the center foie of +paid County Road, aad'which point is 47.4 feet North of the South Quarter CoCneI of sasid Section Clne; thence south 89'32' West along the forth boundary of said County Road, 569.8 feet; thence North 0'28' West I feet to a point on the North boundary of said County Road; thence South S9'32, We_,,t along the forth boundary of said County Y aad 94.91 fact to a point, which I tbL. Point or SeglnUing afthe tract to be deserlbed; th�'Itce North 417' East 1.96 feet; thence South 89.32' West 100 recta tbenee South 4'17' We.,it 165 feet to a paint on lire tiurth boundaU of said County Road-, thence North 8q'32' East along the North boundary of said County Road, 94.81 feet; thence North 0'28' West i U feet to a point ou the North boundary Of said County Road; thence north 89'32' Last 5.19 feet to the Iliac of Scgin,ling. F C14TTING TtiEREFROM rights of the public in and to that portion of the premises known aq '1'hfex Mile Drivr, KALISPELL CITY PLANNING COMMISSION MINUTES OF REGULAR MEETING April 9, 2024 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Rory Young, Joshua Borgardt, Kevin Aurich and Tim Stocklin. Doug Kauffman and Pip Burke were absent. Jarod Nygren, PJ Sorensen, Kari Barnhart, and Kirstin Robinson represented the Kalispell Planning Department. Keith Haskins represented the Public Works Department. APPROVAL OF MINUTES Borgardt moved and Aurich seconded a motion to approve the minutes of the February 13, 2024, meeting of the Kalispell City Planning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KA-24-02 ANNEXATION A request from Cindy and Steven Radosevich for annexation and initial zoning of RA-1 (Residential Apartment) for property located at 255 Three Mile Drive at the northwest comer of Three Mile Drive and North Riding Road. The annexation would allow the property to connect to city sanitary sewer. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-24-02. Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KA-24-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA-1 (Residential Apartment). BOARD DISCUSSION None. PUBLIC COMMENT Brandon Thornburg — 150 Tronstad Rd — Asked if they will connect to City water & sewer. Haskins advised that they will be connecting to sewer but may stay on their well. MOTION — KA-24-02 Young moved and Aurich seconded that the Kalispell City Planning Commission adopt Staff Report #KA-24-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA-1 (Residential Apartment). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KGPA-24-01, KA-24-03, KPP-24- Frank Garner and MT Seven Properties have submitted applications for Tronstad 01 Meadows and Whitetail Crossing, including requests for (1) a growth policy amendment extending the city annexation boundary to encompass this property; (2) annexation; (3) initial zoning of R-3 (Residential); and (4) preliminary plat Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Pagel approval for 380 lots on approximately 110.5 acres, including lots, roads, and common areas. The property is located on the north side of Tronstad Road between Highway 93 North and Whitefish Stage Road, opposite of Sirucek Lane. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KGPA-24-01, KA-24-03, KPP-24-01. (1) Staff recommends that the Kalispell City Planning Commission adopt staff report #KGPA-24-01 and recommend to the Kalispell City Council that the property be directly annexed pursuant to the City of Kalispell Growth Policy Plan -It 2035 and the Annexation Policy, and that the Kalispell Growth Policy Future Land Use Map be amended to include the subject property within the annexation boundary. (2) Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KA-24-03 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-3 (Residential). (3) Staff recommends that the Kalispell City Planning Commission adopt staff report #KPP-24-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Tronstad Meadows and Whitetail Crossing be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Commission members and staff discussed county zoning, traffic impacts and warrants, the mailing notification process, and infrastructure. Graham would like the traffic light at 93N & Tronstad be installed prior to development. PUBLIC COMMENT Brian Kelly — 220 Highland Dr — Opposes the project, feels that the houses would not be affordable, that there would be too many cars, and stated that he did not receive his notice until 7 days prior to the meeting. He also has concerns about water rights and fire services. Dan Munzing — 213 Tronstad Rd — Opposes the project and feels that it would be too dense. He stated that the traffic study was conducted in February and he doesn't believe that the infrastructure is in place. Kyle Voigtlander — 840 4t1i St W — Opposes the project and feels that the density of homes is not possible because services cannot be met. He has concerns about fire station staffing, higher taxes, rising crime, traffic for first responders, and would like the city to consider how this project would affect those outside of city limits. Brandon Thornburg —151 Tronstad — Opposes the project and has concerns about contaminated water, water supply, and the current EPA Health Advisory. He would like to know how a new subdivision can be approved with contaminated water. Colby Shaw — 89 Tronstad Rd — Opposes the project and asked if the Commission can deny it. Has concerns about trees, the current growth rate of the city, county zoning, loss of views, snow storage, construction traffic on Tronstad, impacts on Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page 12 schools, fire access, and wildlife, and utility easements. He also feels that the project does not fit the neighborhood. Mr. Shaw added that he was not notified when the Quail Meadows subdivision application came through and that the subdivision's park amenity is short by 2 acres. Rick Nys — Greenlight Engineering — Representing Sandy & Jeff Muller — Stated that the Traffic Impact Study has numerous errors and omissions, including crash data and the seasonal adjustment factor and that mitigation is required per the results of the study. Randy Chesler — 425 Sirucek Ln — Opposes the project due to water contamination and the recent first responder levy. Ming Munzing — 213 Tronstad Rd — Opposes the project as it is written and agrees with the previous commentors. Has concerns about water contamination and the 2019 impact fees reduction; also feels that the Traffic Impact Study is inadequate. Jessica Bubar — 250 Highland Dr — Opposes the project and has concerns for the use of Highland Dr, turning onto Tronstad, lighting, and snow management. Julie Campbell — 889 Sirucek Ln — Opposes the project. Dave Kaupp — 236 Tronstad Rd — Opposes the project and has concerns about parking. Michelle Weinberg — Representing Sandy & Jeff Muller — Gave comments regarding conflicts with the growth policy, annexation petition, zoning, traffic, services, wildlife, and the development not fitting within the neighborhood. Stated that the project doesn't meet the review criteria with the growth policy, annexation policy and preliminary plat laws. Ken Dauenhauer — 161 Highland Dr — Agrees with previous comments. Has concerns about density, traffic along the 93 corridor, and feels that his well affected by the well on site. Tim Dalstrom — 399 Ponderosa Ln — Opposes the project. Has concerns about the private roads, safety for pedestrians, and traffic impact. Kan* Mackin — 2200 Helena Flats Rd — Opposes the project and would like the developers to step back and let people live in the Montana way of life. Mae Osborne — 67 Tronstad Rd — Agrees with previous comments because it will destroy the quality of life for others. Dan Pierson — 3307 Whitefish Stage Rd — Agrees with previous comments and has concerns about traffic and density. Danielle Tuhy — 280 Highland Dr — Opposes the project and agrees with previous comments. Stated that she has 2 petitions in opposition to this application and was not notified of the project. Has concerns about water quality, water rights, infrastructure, school impacts, affordability, and believes that there are many inaccuracies in the traffic impact study. Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page13 Ryan Sanford — 3553 Autumn Ct — Agrees with previous comments. Roger Boulch — 44 Tronstad Rd — Opposes the project and agrees with all previous comments. Has concerns for wildlife and traffic. Eric Mulcahy — Sands Surveying — Representative for the applicants — Concurs with the staff reports and is available to answer any questions. Advised that there will be no access from the subdivision to Highland drive, that conditions of the preliminary plat will be accepted, and that the Tronstad light will be put in phase 1 or as soon as possible and that the developer would provide a financial mechanism, so funds are there when traffic warrants are met. Frank Garner — Part of the Development Group — Stated that he enjoyed meeting with some of the people in the room and thanked them for the conversations. Stated that he shares concern for construction traffic, trees, and buffers, and believes that most of the discrepancies are cleared up in the staff reports. Kristine Hursch — 210 Tronstad Rd — Opposes the project and agrees with previous comments in opposition. Has concerns about lot sizes and fire access. Kelly Witmer - 361 Sirucek Ln — Would like the current zoning of SAG 2.5 to remain. Bernard Konkel — 345 Sirucek Ln — Opposes the project and agrees with previous comments in opposition. Merna Terry — 7 Meridian Ct — Would like to build homes for friends and family that can afford to stay in the valley and believes that the development may help people attain housing. Steve Tuhy — 280 Highland Dr — Opposes the project and agrees with previous comments in opposition. Kelly Shaw — 89 Tronstad Rd — Opposes the project and agrees with previous comments in opposition. Stated that the project doesn't fit the neighborhood. Sandy Muller — 45 Tronstad Rd — Opposes the project and agrees with previous comments in opposition. Travis Taylor — 1210 Birch Grove Rd — Rejects the idea that growth is inevitable and has concerns about water, sewer, and fire services. Elizabeth May — 282 Drumlin Ridge Rd — Opposes the project and agrees with previous comments in opposition. Carl Gross —1655 Rose Xing — Opposes the project and has concerns about traffic on Rose Crossing and Reserve. Jon Sonju — MT Seven Properties — Member of the ownership group — Stated that the staff report speaks for itself and that the group has done a good job working with the public. Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page 14 Doug Bennett — 310 Sirucek Ln — Opposes the project and has concerns for wildlife and height requirements. Kevin Hursch — 210 Tronstad Rd — Opposes the project and feels that the notification distance is not enough. Jackie Gray - 300 Tronstad — Opposes the project and feels that the project doesn't fit the rural nature of the neighborhood. Has concerns for traffic. Michelle Taylor — 12 10 Birch Grove Rd — Opposes the project and would like the commission to consider the impact on schools and first responders. Stated that the valley isn't ready for this kind of growth. Deanna Bennett — 310 Sirucek Ln — Opposes the project and has concerns with traffic, pedestrian safety, and the current lack of health care services. Jill Davis — 1250 Birch Grove Rd —Feels that housing is a critical issue and that people are in support of housing but not near their neighborhood. Feels that the city needs to address housing. MOTION — KGPA-24-01 Young moved and Stocklin seconded that the Kalispell City Planning Commission adopt staff report #KGPA-24-01 as findings of fact and recommend to the Kalispell City Council that the property be directly annexed pursuant to the City of Kalispell Growth Policy Plan -It 2035 and the Annexation Policy, and that the Kalispell Growth Policy Future Land Use Map be amended to include the subject property within the annexation boundary. BOARD DISCUSSION Young stated that the traffic comments are addressed in conditions 17 & 18, the Growth Policy Map was last amended between 2021-2022, the notification process is designated by state law, the fire access is assessed by the Fire Chief per the International Fire Code, that a second access is required to provide service, and that the maximum height for R-3 zoning is 35 feet. Young confirmed with Haskins that the facility plan does not include this project. Haskins advised that Public Works investigated service to Silverbrook, Stillwater Village, Kalispell North Town Center, Dusty Acres, Tronstad Meadows, and included a 3% growth rate and the results were that the services will last 20 years. Haskins advised that DNRC would monitor neighboring wells for changes to determine water rights. Young confirmed with Sorensen that the state of Montana does not allow developments to be rejected solely based on school impact. Nygren added that school taxes will be paid by the subdivision homeowners. Sorensen confirmed to Borgardt that the 2 roads in the subdivision are to code and meet the subdivision regulations and that it's typical in new subdivisions to install roads up to the property line for possible future development. Sorensen confirmed to Borgardt that the water rights would be transferred through DNRC. Haskins clarified the traffic review and phasing processes to Borgardt. Haskins and Sorensen clarified street access and parking to Stocklin. Nygren added that leaving the potential for a connection to Highland Drive is to the benefit of the neighbors should they need to connect to city services in the future. Sorensen clarified the Growth Policy to Borgardt and Nygren added that the annexation boundary is not a state requirement. Sorensen clarified the parks cash in lieu process, fencing across the north border, and wildlife with Borgardt. Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page 15 Graham stated he supports the project but expressed concerns for safety and would like to see the traffic light at Tronstad put in before construction. Borgardt and staff further discussed MDT's traffic impact warrants. Graham and the commission discussed growth, road improvements, and load restrictions. ROLL CALL Motion passed 4-1 on a roll call vote. MOTION — KA-24-03 Aurich moved and Young seconded that the Kalispell City Planning Commission adopt Staff Report #KA-24-03 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-3 (Residential). BOARD DISCUSSION The commission briefly discussed current county zoning for the area. ROLL CALL Motion passed 4-1 on a roll call vote. MOTION — KPP-24-01 Young moved and Stocklin seconded that the Kalispell City Planning Commission adopt #KPP-24-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Tronstad Meadows and Whitetail Crossing be approved subject to the conditions in the staff report. BOARD DISCUSSION None. MOTION — KPP-24-01 Graham moved to amend the conditions of KPP-24-01 to change condition #18 AMENDMENT to "prior to final plat of phase 1, a signalized intersection at Tronstad and 93 shall be completed." ROLL CALL — KPP-24-01 Motion failed as there was no second. AMENDMENT BOARD DISCUSSION The commission discussed the ramifications of the plat not being approved if the conditions were not met. MOTION — KPP-24-01 Graham moved and Borgardt seconded to amend the conditions of KPP-24-01 to AMENDMENT change condition #18 to add the language "In order to ensure that the signal is ready to be installed when allowed by MDT, an approved design and financing mechanism shall be in place prior to final plat approval of the first phase of development." ROLL CALL — KPP-24-01 Motion passed unanimously on a roll call vote. AMENDMENT BOARD DISCUSSION The commission and staff discussed road improvements and phasing. ROLL CALL — KPP-24-01 Motion passed 4-1 on a roll call vote. OLD BUSINESS Sorensen updated the commission on the February 13, 2024 agenda items and provided the status of the MAID lawsuit in Bozeman that affects recent land use bills NEW BUSINESS Sorensen updated the board on the upcoming May 14, 2024 Planning Commission Meeting. Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page 16 ADJOURNMENT The meeting adjourned at approximately 11:14 PM. Chad Graham President APPROVED as submitted/amended: May 14, 2024 Kirstin Robinson Recording Secretary Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page 17 RADOSEVICH ANNEXATION ANNEXATION AND INITIAL ZONING OF RA-1 UPON ANNEXATION STAFF REPORT #KA-24-02 KALISPELL PLANNING DEPARTMENT APRIL 9, 2024 This report to the Kalispell City Planning Commission and the Kalispell City Council is regarding a request from Cindy and Steven Radosevich for annexation and initial zoning of RA-1 (Residential Apartment) for property at 255 Three Mile Drive containing approximately 0.33 acres. A public hearing has been scheduled before the Planning Commission for April 9, 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 Cindy and Steven Radosevich have submitted an application for annexation and initial zoning of RA-1 (Residential Apartment) for property located at 255 Three Mile Drive at the northwest corner of Three Mile Drive and North Riding Road. The annexation would allow the property to connect to the city sanitary sewer. The current drain field extends onto the adjoining property that was part of excess land from the bypass project. The land was sold at auction and now has preliminary plat approval, which will necessitate abandoning the drain field and connecting to city sewer. This report evaluates the application in accordance with state and local regulations. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. A. Petitioners / Owners: Cindy and Steven Radosevich 1583 McMannamy Draw Kalispell, MT 59901 " 1 B. Location and Legal Description of Properties: The property is more particularly described as Assessors Tract 6B in the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana. A specific metes and bounds description was submitted with the application. C. Existing Land Use and Zoning: The subject property is being used as a single-family residence. The property is zoned county SAG-10 (Suburban Agricultural). The Flathead County Zoning Regulations state that the intent of the district is "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." D. Proposed Zoning: The proposed zoning is city RA-1 (Residential Apartment). The Kalispell Zoning Regulations state that the intent of the district is "a residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks, or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." Kalispell Zoning KALISPELL Radosevich Annexation - ® Suh]-t Parcel R-I Resdenb _- R-0R—ad b:l - RA-1 R®dential Apartment - L , -I --- Residential R-4 r--. ... -. Fes: derital -"--y l -' Ra- _ S Su , ZZt- esdenuai Parcel a sa ce=: Gdastral, N 0 62,5125 250 375 ea claracy ¢s Fbffid Feet cM Ka11s 11e , Basemap: A- a hk, - Mann ia, 20M Esn Community Maps, NcGIS.com E. Size: The subject property is approximately 0.33 acres. F. Adjacent Zoning: North: City R-3 East: City R-3/RA-I West: City R-4/County SAG-10 South: City RA-1/County R-1 G. Adjacent Land Uses: North: Single-family residential; adjacent to undeveloped single-family subdivision East: Single-family residential (attached and detached) West: Single-family residential; Highway 93 Bypass South: Three Mile Drive; large lot single-family residential and agricultural H. General Land Use Character: The general land use of the area is single-family residential, and the subject property is near both a principal arterial (Highway 93 Bypass) and a minor arterial (Three Mile Drive). L Utilities and Public Services: Water and sewer service are available within adjacent rights - of -way, with a potential future extension of the sewer line within North Riding Road as part of the development of a proposed subdivision. The extension would allow for an additional and more likely connection possibility. 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 — Russell Elementary/Glacier High School 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. 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 West Valley Rural Fire District and the Flathead County Sheriff's office. The applicants have submitted a Notice of Withdrawal from the Rural Fire District. At the time of annexation, the property will be served by the Kalispell Police and Fire Departments. The site lies approximately 1.6 miles from fire station 62 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. M 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). The applicants are requesting city RA-1 (Residential Apartment). Kalispell Growth Policy KALISPELL Raclosevich Annexation ® Subject Parcel Urban Residential Urhan Residential Suhje¢k Pai eFl ode say N ❑ 62.5125 250 375 F �u,eBey vs Feet City r i Ec 11 c ' Basemap: Ato 8-h—ki -Mach 14, 2029 Esn Community Maps, ArCGIS.com 1. Does the requested zone comply with the _growth polices The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The zoning ordinance contemplates RA-1 as an appropriate zone within that land use designation. The RA-1 zone is similar to both the current county zoning and city zoning in the surrounding area. 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 North Riding Road, which intersects with Three Mile Drive to the south. 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, although due to its size, any redevelopment under the proposed zone would have a minimal impact. 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 redevelopment of the property would be subject to city review. 5 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 RA-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 suitabili . for particular uses? The proposed RA-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. 9. Will the proposed zone conserve the value of buildings? The value of the buildings in the area will be conserved because the RA-1 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 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 M 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 #KA-24-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA-1 (Residential Apartment). 7 -000111111111 Development Services CITY OF Department KAILISPEIAL 2011st Avenue East Kalispell, MT 54301 Phone(405)758-794D PETITION FOR ANNEXATION AND INITIAL ZONING Email: PlanninciOkalispell com Website: www.kalisoell.com Project Name �.. � Property Address is _ .. -gr l ,_. -ye, '� NAME OF APPLICANT Applicant Phone �^ Applicant Addre s City, State, Zip Applicant Eriall Address !f not cur t owner, please attac letter from the current owner authorizing the applicant to proceed with the application. OWNE F RECORD � wner Phone r3 -- 0 Owner Address ATM'-k Icity, State, Zip Owner Email Address CONSULTANT (ARCHITECTIENGINEER) Phone Address City, State, Zip Email Address POINT F CONTACT FOR REVIEW COMMENTS 1' Phone — Address City, State, Zip Email Address ` List ALL owners (any individual or other entity with an ownership interest in the property): rY.,�1' an 1 `O'(Jb s ex Legal 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 (plat@flathead.mt.gov). Cl1'Y OF IKALISPEL 1. Land In project (acres) 2. Current estimated market value Estimated market value of proposed development at 50% build out $ Iy i r Estimated market value of proposed development at 100% build out S NA- 3. Is there a Rural Fire Dept RSID or Bond on this property? F 1 ES F)� NO If yes, remaining balance is: 4. Present zoning of property -, (D 5. Proposed zoning of property ` B. State the changed or changing conditions that make the annexation necessary: +kQ- N "Jk�' e� kPP 2)-o 27 �v-Ses cry' e-1W HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wl answers): a Promoting the Growth Policy b Lessening congestion in the streets and providing �-afe a,.ce7,s 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 populat on �§JracNtating the adequate provision of transportation er, sewa e s iciealities aS W y Giving reasonable reasonable consideration to the character of the district i Giving consideration to the peculiar suitabil-ty of the property for particular uses I Protecting and conserving the value of buildings k Encouraoino the most aoorooriate use of land by assunna orderiv growth hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature n Date IKALIsPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Commission Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. Completed Petition to Annex and Notice to Withdrawl from the Rural Fire District form (attached), including an Exhibit A, legal description of the property. 3. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. 'Note - verify with the Flathead County Plat Room that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5510. 4. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 5. Application fee based on the schedule in the link below, made payable to the City of Kalispell: httos://www.kalispeI1.comlDocumentConter/View/"71PIannina-Fees-Schedule-2023-PDF?bldld= 1 93 R-4 Residential CITY OF Kalispell Zoning KALISPELL Radosevich Annexation R-3 Residential Subject Parcel R-3 Residential R-4 Residential RA-1 Residential Apartment P RA-1 Subject �i � Residential Parcel Apartment p a a 93 93 i w ' iRA-1 Residential Apartment Data Sources: Montana Cadastral, N 0 62.5125 250 375 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - March 14, 2024 Esri Community Maps, ArCGIS.com CRr�7�11� Kalispell Growth Policy KALISPELL Radosevich Annexation ® Subject Parcel Urban Residential Urban Residential Data Sources: Montana Cadastral, N 0 62.5125 250 375 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - March 14, 2024 Esri Community Maps, ArCGIS.com CITY OF Kalispell Mailing List go Subject Parcel 0 Mailing List Parcels Radosevich Annexation KALISPELL ;, other Parcels 93 93 as Data Sources: 93 93 Three j: jw v„ Vista Loop Vista Loop 6 Montana Cadastral, N 0 100 200 400 600 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - March 14, 2024 Esri Community Maps, ArCGIS.com Thr9 Lil