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Gardners Acres Annexation and Zoning 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-24-05 — Gardner's Acres Annexation and Initial Zoning MEETING DATE: July 1, 2024 BACKGROUND: Joe Gardner has submitted an application for annexation and initial zoning of R- 2 (Residential) for properties located at 1628 and 1636 South Woodland Drive. There is an existing house at 1636 South Woodland which is already within the city limits. The annexation would bring the remaining properties into the city limits and create a buildable site on a separate lot for a second single-family dwelling, including access to city water and sewer service. The legal description for the property is attached as Exhibit A. The Kalispell Planning Commission held a duly noticed public hearing on June 18, 2024, to consider the request. Staff presented staff report KA-24-05 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 comment was received at the public hearing in addition to the applicant. The comment was concerned about being included in the annexation and impacts to their property. The public hearing was closed and a motion was presented to adopt staff report KA-24-05 as findings of fact and recommend to the Kalispell City Council that the annexation be approved with an initial zoning designation of R-2 (Residential). 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 6208, 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 1923, 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 R-2 (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 6208 Ordinance 1923 June 18, 2024, Kalispell Planning Commission Minutes Staff Report Application Materials & Maps Public Comment Aimee Brunckhorst, Kalispell City Clerk EXHIBIT A PARCEL I, THAT PART OF LOTS 1, 2, 3, 4 AND 5 OF BLOCK 3 OF GREENACRES NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 3, THENCE NORTHERLY ALONG THE WEST BOUNDARY OF SAID BLOCK 3 A DISTANCE OF 73.5 FEET TO A POINT; THENCE EASTERLY AND PARALLEL TO THE NORTH BOUNDARY OF SAID BLOCK 3 TO AN INTERSECTION WITH THE EAST BOUNDARY OF SAID BLOCK 3; THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF SAID SLOCK3 TO THE SOUTHEAST CORNER OF SAID BLOCK 3 A DISTANCE OF 73.5 FEET MORE OR LESS; THENCE WESTERLY ALONG THE SOUTH BOUNDARY OF BLOCK 3 TO THE POINT OF BEGINNING. PARCEL 2, THE NORTH 112.5 FEET OF LOTS 1, 2 AND 3 OF BLOCK 4 OF GREENACRES NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. AND A PORTION OF THE ABANDON ROAD ADJACENT TO LOTS 1, 2, 3, 4 AND 5 OF BLOCK 3 AND LOTS 1, 2 AND 3 OF BLOCK 4 OF GREENACRES NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. KALISPELL CITY PLANNING COMMISSION MINUTES OF REGULAR MEETING June 18, 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, Pip Burke, Rory Young (via Zoom), Doug Kauffman, Joshua Borgardt, and Shelby Odell. Jarod Nygren, PJ Sorensen, Kari Barnhart, and Kirstin Robinson represented the Kalispell Planning Department. APPROVAL OF MINUTES Kauffman moved and Borgardt seconded a motion to approve the minutes of the May 14, 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-24-04 — GREATER VALLEY File #KA-24-04 — Flathead Community Health Center, Inc, d/b/a Greater HEALTH CENTER Valley Health Center, has submitted a petition for annexation and initial zoning of B-2 (General Business) for property located at 1935 3" Avenue East. The existing building and a portion of the parking lot is currently within the city limits, and this petition would annex the remaining portion of the parking lot. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-24-04. Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KA-24-04 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-2 (General Business). BOARD DISCUSSION None. PUBLIC COMMENT None. MOTION — KA-24-04 Borgardt moved and Odell seconded a motion that the Kalispell City Planning Commission adopt Staff Report #KA-24-04 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-2 (General Business). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KA-24-05 — GARDNER' S ACRES File #KA-24-05 — Joe Gardner has submitted an application for annexation and initial zoning of R-2 (Residential) for properties located at 1628 and 1636 South Woodland Drive. There is an existing house at 1636 South Woodland which is already within the city limits. The annexation would bring the remaining properties into the city limits and create a buildable site for a second single-family dwelling, including access to city water and sewer service. Kalispell City Planning Commission Minutes of the meeting of May 14, 2024 Pagel STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-24-05. Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KA-24-05 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-2 (Residential). BOARD DISCUSSION Graham and Odell confirmed with Sorensen the road location and that the property is not in a flood plain. PUBLIC COMMENT Susan Payne — 1604 S Woodland Dr. — Has roadway, an electric pole placement, construction, and traffic concerns. Requested that her property not be annexed. Joe Gardner — 4051 10' Ave W — Stated that there is a driveway easement in place and that the roadway is actually a driveway. MOTION — KA-24-05 Kauffman moved and Borgardt seconded a motion that the Kalispell City Planning Commission adopt Staff Report #KA-24-05 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-2 (Residential). BOARD DISCUSSION Graham confirmed with Sorensen that there is a shared driveway and that regulations regarding annexation, zoning, fire, and public works are being followed. Kauffman confirmed with staff that the driveway is owned by the property owner. Odell asked how the sewer connection would impact neighbors. Sorensen advised that the application is for annexation only and does not include development. He added that annexation does not require anyone else to connect to city services, and that the connection would involve putting in a curb stop and connection to sewer. ROLL CALL Motion passed unanimously on a roll call vote. KPUD-24-01 & KPP-24-02 — Files #KPUD-24-01 and KPP-24-02 — A request from Kalispell National BLOOMSTONE PH 4 Multifamily, LLC, for Bloomstone Phase 4, which includes applications for a Planned Unit Development ("PUD") amendment to the overall Bloomstone PUD and major preliminary plat on approximately 16.6 acres of land. The property has an existing PUD and preliminary plat. The PUD amendment calls for an additional 133 units beyond the previously approved amount. The preliminary plat would replace the existing Phase 4 with a new Phase 4 including a portion of a remainder parcel. The new phase includes 135 townhouse lots (sublots), roads, and common area. The property is located on the north side of Four Mile Drive between the Highway 93 Bypass and Kidsports. BOARD MEMBER SEATED Rory Young recused himself from KPUD-24-01 and KPP-22-02, he is a representative for the applicant. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KPUD-24-01 and KPP-24-02. Kalispell City Planning Commission Minutes of the meeting of May 14, 2024 Page 12 Staff recommends that the Kalispell Planning Commission adopt Staff Report #KPUD-24-01 and KPP-24-02 as findings of fact and recommend to the Kalispell City Council that the Amended PUD for Bloomstone and preliminary plat for Bloomstone Phase 4 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Sorensen clarified to Odell what was originally planned. Sorensen clarified parking arrangements with Borgardt, Burke, and Odell. Sorensen confirmed to Graham that PUDs allow for unlimited design deviations and that most of the PUD deviations are from previous Bloomstone phases. Sorensen advised Borgardt that the Starling subdivision is a current example of a subdivision with private and public roads. There are waivers of protest and special improvement districts, HOA documents, and chain of title that ensure private roadways are being maintained. Nygren added that all multi -family developments have private drive aisles. Graham discussed sidewalk and trail connections with staff. PUBLIC COMMENT Dave Weber — 11488 Gembala Ln. Bigfork — Spoke on behalf of Frontier Apartments. Requested denial and stated that the applicant should be held to the 2008 PUD requirements for lower density to make it fair to other developers. Todd Whipple — 21 S Pines Spokane, WA — Representative for the applicant and was available for any questions from the commission. Also stated that Frontier Apartments could have applied for the same amendments. MOTION — KPUD-24-01 Burke moved and Kauffman seconded that the Kalispell Planning Commission adopt Staff Report #KPUD-24-01 as findings of fact and recommend to the Kalispell City Council that the Amended PUD for Bloomstone be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Odell clarified with Sorensen that the amendment is a change from apartments to townhouses. Sorensen added that the density is 8 units per acre but the applicant could have requested up to 40 units per acre. Nygren stated that Frontier Apartments could have had up to 10 units per acre. Sorensen clarified the Bloomstone phasing status to Burke. Borgardt confirmed with Sorensen that the Frontier Apartments could have applied for a deviation to increase density. Graham confirmed with staff that PUDs can be used to make adjustments to market conditions. Nygren and Sorensen clarified the PUD process to Graham. Staff confirmed to Odell that the City is not funding any of the development, which is installed by the developers. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-24-02 Burke moved and Odell seconded that the Kalispell Planning Commission adopt staff report #KPP-24-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bloomstone Phase 4 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION None. Kalispell City Planning Commission Minutes of the meeting of May 14, 2024 Page13 ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE-SETED Rory Young re -seated. OLD BUSINESS Sorensen updated the board on the May 14, 2024 agenda items. NEW BUSINESS Sorensen updated the board on the upcoming July 9, 2024 Planning Commission Meeting. ADJOURNMENT The meeting adjourned at approximately 7:18 PM. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Commission Minutes of the meeting of May 14, 2024 Page 14 GARDNER'S ACRES ANNEXATION ANNEXATION AND INITIAL ZONING OF R-2 UPON ANNEXATION STAFF REPORT #KA-24-05 KALISPELL PLANNING DEPARTMENT JUNE 18, 2024 This report to the Kalispell City Planning Commission and the Kalispell City Council is regarding a request from Joe Gardner for annexation and initial zoning of R-2 (Residential) for property at 1628 and 1636 South Woodland Drive containing approximately 1.9 acres. A public hearing has been scheduled before the Planning Commission for June 18, 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 Joe Gardner has submitted an application for annexation and initial zoning of R-2 (Residential) for properties located at 1628 and 1636 South Woodland Drive. There is an existing house at 1636 South Woodland which is already within the city limits. The annexation would bring the remaining properties into the city limits and create a buildable site on a separate lot for a second single-family dwelling, including access to city water and sewer service. 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: Joe Gardner 4051/z loth Avenue West Kalispell, MT 59901 B. Location and Legal Description of Properties: The property can generally be described as portions of Lots 1, 2, 3, 4 and 5 of Block 3 of Greenacres Northwest Subdivision, and portions of Lots 1, 2 and 3 of Block 4 of Greenacres Northwest Subdivision, and a portion of the abandoned road adjacent to those lots. A full legal description is attached as Exhibit A. It is intended that, after annexation, an amended plat will be recorded to aggregate the existing lots into two lots (2A and 3A), one with the existing home and one to create the new building site (the potential footprint of the home is shown on the plat, with a shared driveway and utilities to be provided with easements). Development details, including fire access, are being coordinated as part of the building permit. HYYI�YVYy,��. R Po/lTlGYV6�LOTS f. 2' d CRAB7JOF@L e:L'A'3.C1@7G0T5'f, 2 �.vl:.�.1-_:. c'[ �' e =: v_'.46V. RQ40N0 .A%'C1FCRr 2�YRQ c'S SL�71Wi'S�V G4R,01 ER SACR,ES LOCATED /N ME SE 1/4 OFSECT/ON 1T, T. 28N, R. 21 GY., PR/NC/PAL HERID/AN, FLATHEAD C01INTV IWON74N4 LJ I Ill., III Il 1 11 �'1 Il�l f�5` r ------ T -- - --- --- -- - --- -- /_ C. Existing Land Use and Zoning: The existing property as a whole is currently being used for one single-family residence. The portion of the property with the residence is located in the city and zoned city R-2 (Residential). The remainder of the property, much of which is in the slough, is currently zoned county R-2 (One Family Limited Residential). The Flathead County Zoning Regulations state that the intent of the district is "a district to provide for large -tract residential development. These areas will typically be found in suburban areas, generally served by either sewer or water lines." D. Proposed Zoning: The proposed zoning is city R-2 (Residential). The Kalispell Zoning Regulations state that the intent of the district is "a district intended to provide adequate lot areas for lower density residential development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will normally require all public utilities. This zoning district W would typically be found in areas designated as suburban residential on the Kalispell Growth Policy Future Land Use Map." E. Size: The subject property is approximately 1.9 acres. F. Adjacent Zoning: North: City R-2/County R-2 East: City R-2/R-3 West: County R-4 South: City R-4/County R-2 G. Adjacent Land Uses: North: Single-family residential East: Single-family residential West: Single-family residential South: Single-family residential H. General Land Use Character: The general land use of the area is single- family residential, with a mix of both city and county lots. L Utilities and Public Services: Water and sewer service are available within adjacent rights - of -way and currently serve the single-family home on the property, with new services required for the proposed new residence. 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: Lumen Schools: School District 5 — Elrod Elementary/Flathead High School Fire: South Kalispell Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation 3 WATER MAIN c BLUE SUBJECT PROPERTY Z W - . I 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 South Kalispell 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 1.2 miles from fire station 61 M 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. IL 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-2 (One Family Limited Residential). The applicants are requesting city R- 2 (Residential). Policy11 Kalispell Growth GardnerKALISPELL ..- ■�■■■■ ,r _ �✓� it �r � ■■■■i A.N■ � A 0 Flyd—d—tym Feet 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, which generally supports R-3, R-4, and RA-1 residential zones. The requested R-2 zone is less dense than those zones and would be in -line with the density limits contemplated for Urban Residential property. That particular zone was requested because (1) the front of the property with the exiting home is already annexed and zoned R- 2; (2) the existing county zoning on the remainder of the property substantially matches the city R-2; (3) the majority of the city zoned property in the area includes a mix of R-2, R-3, and R-4 zoning; and (4) the nature of the lot as an in -fill lot with limited access with a significant portion as unbuildable does not lend itself to higher density development which would need 5 smaller lot sizes. Given the specific situation of this lot, the requested zone would substantially comply 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 South Woodland 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, although due to its size, any development under the proposed zone would have a minimal impact and it is expected that no more than one single-family residence could likely be developed. 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. 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-2 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 redevelopment 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? M The proposed R-2 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 R-2 zoning district will promote compatible and like uses on this property as are found on other properties in the area. Any potential future development 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 adjacent to the property. The proposed zoning is substantially 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-24-05 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-2 (Residential). EXHIBIT A PARCEL 1: THAT PART OF LOTS 1, 2, 3, 4 AND 5 OF BLOCK 3 OF GREENACRES NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, IMONTANA, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 3; THENCE NORTHERLY ALONG THE WEST BOUNDARY OF SAID BLOCK 3 A DISTANCE OF 73.5 FEET TO A POINT; THENCE EASTERLY AND PARALLEL TO THE NORTH BOUNDARY OF SAID BLOCK 3 TO AN INTERSECTION WITH THE EA57 BOUNDARY OF SAID BLOCK 3; THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF SAID BLOCKS TO THE SOUTHEAST CORNER OF SAID BLOCK 3 A DISTANCE OF 73.5 FEET MORE OR LESS; THENCE WESTERLY ALONG THE SOUTH SOUNDARY OF BLOCK 3 TO THE POINT OF BEGINNING. PARCEL 2: THE NORTH 112.5 FEET OF LOTS 1, 2 AND 3 OF BLOCK 4 OF GREENACRES NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. AND A PORTION OF THE ABANDON ROAD ADJACENT TO LOTS 1, 2., 3,4 AND 5 OF BLOCK 3 AND LOTS 1, 2 AND 3 OF BLOCK 4 OF GREENACRES NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTA4NA. 7 Development Services ci-rY of Department 201 1st Avenue East Kalispell, MT 59901 L]ISPELL Phone (406) 758-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: Oanning(ftalispell.com Website: www.kalispell.com Project Name -I CII�C� i'i 2 I-S 1 re Propertyr Address J �i / � z 6 S. l t wd (!!L4 Fit [ NAME OF APPLICANT Applicant Phone Joe G-A roGr.,.e,r- y - Way - y3s T Applicant Address ycv& City, State, Zip Applicant Email Address 22 irli� Ge.� !f not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECOR J CarC�i✓� Ow er Phone '� bb d OwnerAddress � s W� r h City, State, Zip T ga Owner Email Address ad Ord a. j-1—nquv CardID+ 11. Cam CONS TANT (ARCHITECTIENGINEER) Phone _ Address C , State, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS one Ph a Address '05 i/. ��—� ltJ. City, State, Zip )v7'7-15' 9a Email Address List ALL owne (any isidividual or other entity wtfh an ownership interest in the property): 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). CITY OP 1<.A1L1[SPF.1L1L 1. Land In project (acres) L 88 fr - S` 2. Current estimated market value nc' I Estimated market value of proposed development at 50% build out $ 3 dd {L Estimated market value of proposed development at 100% build out $ L( by 3. Is there a Rural Fire Dept RSID or Bond on this property? F�ES % ` NO If yes, remaining balance is: 4. Present zoning of property - S. Proposed zoning of property S. State the changed or changing conditions that make the annexation necessary: HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate shoot 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, schoo's. parks and other public facilities h. Giving reasonable consideration to the character of the district i. Giving consideration to the peculiar suitability of the property for particular uses j. Protecting and conserving the value of buildings k. Encouraging the most appropriate use of land by assuring orderly growth 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 f during the approval and development process. g-zy Applicant SigMay6re A Dato I<_N1L11SP1E1L1L 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) 758-6510. 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: https:llwww.katispoll.com/DocumentConterNiew/447/PIan n ina-Fees-Schedule-2023-POF?bid ld= 0 ['n 00 l� 0 II111111h10111111111111IIIIIIN111111101111lfflffilf11lfll Paula Robinson, Flathead County MT by ]L AND WHEN RECORDED MAIL TO: Tracey Cardin Filed for Record at Request of: First American Title Company Order No.: 355864-CT Parcel No.: 0228300 FOR VALUE RECEIVED, Provident Financial, Inc Space Above CORPORATION DEED (Joint Tenancy) 201000023097 j Page: 1 of 2 10/29/201 3:37 PM lane for Recorder's Use a corporation duty organized and existing under the laws of the State of Montana, grantor, does hereby Grant, Bargain, Sell and Convey unto Tracey Cardin and Todd Cardin whose address is: No Address Given, Kalispell, MT hereinafter called Grantees, as joint tenants (and not as tenants in common) and to the survivor of said named joint tenants, and the the heirs and assigns of such survivor, the following described premises, In Flathead County, Montana to -wit: Legal Description attached hereto as Exhibit A. SUBJECT TO Covenants, Conditions, Restrictions, Provisions, Easements and encumbrances apparent or of record. TO HAVE AND TO HOLD, the said premises, with Its appurtenances unto the said Grantees, as joint tenants with the right of survivorship (and not as tenants in common) and to the heirs and assigns of the survivor of said named tenants forever. And the said Grantor(s) do(es) hereby covenant to and with Grantees, he(she or they) Is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances except for taxes and assessments for current and subsequent years and he (she or they) will warrant and defend same from all lawful claims whatsoever. Page 1 of 3 I iIIIIII 111111111111111111111111111111111 IS 1111111111111111111111111 203,0 Page:2 of 3097 F..Q. $21.00 Paula Robinson, Flathead County MT by 7L 10/24/2010 3.37 PM IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed. Dated:Octoberco 2010 P ' n cial, Inc By: Brad Walterskirchen, President STATE OF Montana ) Ss. COUNTY OF Flathead } On October a 2010, before me a Notary Public, personally appeared Brad Walterskilmhen, known to mSI&be the President of Provident Finmd l Inc.., v STEPHANIE L. Dll»l. SI re of N rial Offi r la o y,,� �4 NOTARY PUBLIC for the �1 N�� State of Montana Notary Publ h State of M na "a Residing at Kalispell, Montana Residing at: �,��M ommission Ex it s Commission Expires: - �3 Page 2 of 3 2010 Page-3of3097 Fees. $21.00 Paula Robinson, Flathead County MT by ]4 10/29/2010 3.37 PM EXHIBIT A PARCEL 1: THAT PART OF LOTS 1, 2, 3, 4 AND 5 OF BLOCK 3 OF GREENACRES NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 3; THENCE NORTHERLY ALONG THE WEST BOUNDARY OF SAID BLOCK 3 A DISTANCE OF 73.5 FEET TO A POINT; THENCE EASTERLY AND PARALLEL TO THE NORTH BOUNDARY OF SAID BLOCK 3 TO AN INTERSECTION WITH THE EAST BOUNDARY OF SAID BLOCK 3; THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF SAID BLOCKS TO THE SOUTHEAST CORNER OF SAID BLOCK 3 A DISTANCE OF 73.5 FEET MORE OR LESS; THENCE WESTERLY ALONG THE SOUTH BOUNDARY OF BLOCK 3 TO THE POINT OF BEGINNING. PARCEL 2: THE NORTH 112.5 FEET OF LOTS 1, 2 AND 3 OF BLOCK 4 OF GREENACRES NORTHWEST SUBDMSION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. AND A PORTION OF THE ABANDON ROAD AWACENT TO LOTS 1, 2, 3, 4 AND 5 OF BLOCK 3 AND LOTS 1, 2 AND 3 OF BLOCK 4 OF GREENACRES NORTHWEST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. Page 3 of 3 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 Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotate 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. P titioner/Owner Date 4Eng�42;6-X 47,./ Petitioner,46wrier Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this Q day of before me, the undersigned, a Notary Public for the State of Montana, personally lippeared -a r) ALC�4 Ctic&l,q 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. ss County of Flathead County Nota �Pubfic, State of Montana Printed Name Residing aCCILD My Commission expires: 1 On this day of CY\ ck before me, the undersigned, a Notary Public for the State of Montana, personally* eared known to me to be the person whose name is subscribed to the fore oing 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 P blic, State f Montan scne KATHY SCHENCK Notary NOTARY PUBLIC for the * SEAL * State of Montana Residing at Kalispell, Montana My Commission Expires o/ June 25, 2024 Printed Name Residing at My Commission expires. aw-1 Authorization letter This letter is to inform that Todd and Tracey Cardin hereby authorize Joe Gardner to proceed with this application for a petition for annexation and initial zoning for the project Gardners acres lot 2a,3a ry -- Sianx�j A. Yes B. Yes it will provide safe access from s woodland C. Yes D. Yes E. Yes its just a single family dwelling being built F. Yes G. Yes H. Yes I. Yes J. Yes it will all be maintained K. Yes dll CITYOF Kalispell Zoning KALISPELL Gardner R-3 Subject Parcel Residential B-2 General Business R-3 Residential P-1 Public P-1 Public R-2 Residential R-3 Residential R-4 Residential RA-1 Residential Apartment Unzoned Right of Way III R-2 Residential General Business Data Sources: Montana Cadastral, Flathead County GIs City of Kalispell GIs, Austin Bachurski - May 13, 2024 R-3 Residential R-4 Residential N 0 120 240 480 720 Feet Basemap: Esri Community Maps, ArcGIS.com KA-24-05 Gardner's Annexation Public Comment Susan Payne — 1004S Woodland Dr. — 6/14/24 @10:30AM -Ms. Payne called to express concerns that her property taxes increasing and that the proposed roadway will increase traffic by her property. From: Susan Payne To: Kirstin Robinson Subject: EXTERNAL Planning Commission Meeting 6-18-2024, item #3 Date: Sunday, June 16, 2024 4:02:00 PM Attachments: image 67238145.3PG image 67180289.3PG [NOTICE: This message includes an attachment -- DO NOT CLICK on links or open attachments unless you know the content is safe.] Planning Commission, This email is in regards to the proposed agenda item 93 listed on a letter sent by you to our residence. We are Marshall and Susan Payne, owners of the private property Block 3 Lots 1-5 at 1604 S. Woodland Dr. as noted on the proposal. Please find enclosed, photos of the existing lane, noted as the "abandoned roadway", in your letter between 1604 South Woodland Dr. and 1636 South Woodland Dr. As of the writing of this letter, there is no current 1628 South Woodland, as mentioned in your letter. The photos show a vehicle to provide you scale of the size of this lane and the existing easements that provide access to 1636 S. Woodland on the left, and our private property at 1604 S. Woodland on the right. The existing lane is not only narrow, but is not made of sufficient road base to support the typical weight restrictions of a roadway. Annexation of our property would result in doubling our taxes, which is a great financial hardship on our fixed income. As you are aware, we would also incur a large financial burden to tie into the sewer system. The annexation request on Block 4, Lots 1-3 for a building project, does not necessitate annexation of our private property on Block 3, Lots 1-5. We request that you dismiss our property from this proposal for annexation. Marshall and Susan Payne 01 �... � �� s_ ... �, -- T .ti r a l W r , r .r4 of "I FC 9- a- Op CITY OF Kalispell Mailing List ® Subject Parcel Gardner 0 Mailing List Parcels KALISPELL L---j Other Parcels co S 6 6 D p N � m Greendale ct 3 O C C. <D � 3 Ill CL Data Sources: Montana Cadastral, N 0 55 110 220 330 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - May 13, 2024 Esri Community Maps, ArCGIS.com