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Staff Report - MDT BuildingDevelopment Services Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisi)ell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Assistant Director of Development Services SUBJECT: KA-25-02/KCU-25-02— Montana Department of Transportation Annexation, Initial Zoning, and Conditional Use Permit MEETING DATE: May 5, 2025 BACKGROUND: The Montana Department of Transportation ("MDT") has submitted applications for annexation, initial zoning of P-1 (Public), and a conditional use permit for the expansion of an existing facility located at 2905 Highway 93 North. The facility would include an approximately 28,400 square foot new building combining equipment storage, mechanics, and welding shops under one roof. MDT would continue to store salt, sand and other materials for maintenance at the location. The adjacent Rose Crossing right-of-way was previously annexed. The adjacent Highway 93 right- of-way would be included in the annexation as a function of state statute. The legal description for the property is attached as Exhibit A and can generally be described as Tract 2 of Certificate of Survey No. 8673, lying and being in Government Lot 4, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana The Kalispell Planning Commission held a duly noticed public hearing on April 8, 2025, to consider the request. Staff presented staff report KA-25-02/KCU-25-02 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, as well as the conditional use permit, subject to nine listed conditions. No public comments were received at the public hearing other than from the applicant. The public hearing was closed and motions were presented to adopt staff report KA-25-02/KCU-25-02 as findings of fact and recommend to the Kalispell City Council that the annexation be approved with an initial zoning designation of P-1 (Public) and that the conditional use permit be approved subject to the nine conditions. After discussion, the commission approved the motion to annex with an initial zoning if P-1 (Public) on a unanimous vote. There were two motions to amend the conditional use permit conditions. The first amendment would add a provision related to the dedication of the new right-of-way by adding the following provision to condition number three: "In the event that state law prohibits dedication, a public road and utility easement shall be granted to the City." The motion to amend passed unanimously. The second was a motion to amend condition number six to state that "... any fencing shall be installed in accordance with the zoning regulation standards and locations for screening shall be approved or reviewed and approved by the Architectural Review Committee." This motion to amend also was approved unanimously. The main motion relating to the conditional use permit was then approved unanimously. RECOMMENDATIONS: ANNEXATION: It is recommended that the Kalispell City Council approve Resolution 6251, a Resolution to provide for the alteration of the 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 1937, 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 P-1 (Public) in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. CONDITIONAL USE PERMIT: It is recommended that the Kalispell City Council approve a request from the Montana Department of Transportation, for Conditional Use Permit KCU-25-02, a conditional use permit to allow the construction of the expansion of an existing maintenance facility, subject to nine (9) conditions of approval, located at 2905 Highway 93 North and more particularly described as shown on Exhibit A, attached hereto and incorporated by reference. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6251 - Annexation Ordinance 1937 - Zoning Conditional Use Permit April 8, 2025, Kalispell Planning Commission Minutes Staff Report (Amended) Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk FXHYRIT A A tract of land situated, lying and b ming in G ovemm cnt Lot 4, S cu'l on 19, Township 29 North, Range 21 \Vcst, P.M.'0- HaLhCad COUnty, 14ontana, and mQ x particularly dcscaibcd as fullow s to A, -Lt' Cornmcnclij;g at the Southwest comic-i of Gove=ent Lot 4, Sk-C'All 1 1 Township 29 North, Kange 21 West, PM.M,, P q1'-,-m1 which [�- a no'Lnu thmicc Sout1-, 19 '10'27" Lasl. and along the SOjjtb West IbIf ofaid (JovcTrimcm Lot 4,adistanceof the ELF. -. ()I'[ .ti. ltl�ilivay.No. 93 and thcTrticPoiritclt :1-1-: ,-)f the of laao' herem nbc6- ' thmcc Nol-117 (Al' 21 '4 2" LLUA MLd Lz!ou a said EasI; ri i-I iL of ��;v, '-I feet to the _Noilh b�.,.iv_J:i7 VL'I I-CMCI-1 IIIC OF a 60 fklOt F'f I '.,IIC ;'.Ild I I i,c SouilL S9`32-42' E�ist and alonp. c-,jacrl:ric ;::A b0tr1dil.,".', 'I distanccofW , 7.01 Foct to the List -,oundarycats Ji; <tm', 1"Z.Cof tI1_ Half: tkulloc ", )LIE 'N IkO(Y'16:212' :I.m9tandalongsa tO th0South bC1%L:1,1.J_Vk :':,XA: No: -di S9--'307277' -!:Ld along said 'i bolIFILILLI'V. :L[117,.I."','01­59-L feet Lo the Point 4 Ikgjamiag- Tmut 2 L)CCcrtiFicate o f Sun -et' No. 8073. KALISPELL CITY PLANNING COMMISSION MINUTES OF REGULAR MEETING April 8, 2025 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Commission members present were Chad Graham, Doug Kauffinan, Shelby Leckron, Joshua Borgardt, Pip Burke, and Rory Young. Jarod Nygren, PJ Sorensen, Kan Barnhart, Kirstin Robinson, and Donnie McBath represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Leckron moved and Young seconded a motion to approve the minutes of the March 11, 2025 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KA-25-02 & KCU-25-02 — MDT File 4KA-25-02 and KCU-25-02— The Montana Department of COMBO FACILITY Transportation ("MDT") has submitted applications for annexation, initial zoning of P-1 (Public), and a Conditional Use Permit for the construction of a combination facility located at 2905 Highway 93 North. The facility would include an approximately 28,400 square foot new building combining equipment storage, mechanics, and welding shops under one roof. MDT would continue to store salt, sand and other materials for maintenance at the location. The property can generally be described as Tract 2 of Certificate of Survey No. 8673, lying and being in Government Lot 4. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Reports 4KA-25-02 & KCU-25-02. Staff recommends that the Kalispell City Planning Commission adopt Staff Report 4KA-25-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city P-1 (Public). Staff recommends that the Kalispell City Planning Commission adopt staff report 4KCU-25-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions on the staff report. BOARD DISCUSSION Staff clarified to Young that the screening on the plans is typical for this type of facility and that the adjacent property owners may have concerns about screening. Kalispell City Planning Commission Minutes of the meeting of April 8, 2025 Page I 1 PUBLIC COMMENT Justin Juelfs — MDT — Provided context of the project and was happy to answer any questions. Mr. Juelfs clarified to Borgardt and Graham that the planned screening is for security and is similar to what is presently there. Ryan Mitchell — 102 Corporate Way — Representative for the applicant — Advised that there will be a nice building with landscaping. MOTION — KA-25-02 Burke moved and Kauffman seconded that the Kalispell City Planning Commission adopt Staff Report #KA-25-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city P-1 (Public). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KCU-25-02 Leckron moved and Kauffman seconded that the Kalispell City Planning Commission adopt staff report #KCU-25-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions in the staff report. BOARD DISCUSSION None. MOTION — KCU-25-02 Young moved and Leckron seconded to amend the conditions of AMENDMENT KCU-25-02 to change condition #3 to add the language "In the event that state law prohibits dedication, a public road and utility easement shall be granted to the City," ROLL CALL — KCU-25-02 Motion passed unanimously on a roll call vote. AMENDMENT BOARD DISCUSSION Graham stated he liked the relocation of activities from downtown to the outset of town. Nygren clarified that landscape buffer goes all the way to the south and would include landscaping to soften the look. Young liked the extension of Quail Lane, but he did not feel that there was a need to screen the building. Borgardt clarified with Juelfs that perimeter fencing is important for security during non -business hours and that legislative audits require fencing. Young and staff discussed amending the conditions to require Architectural Review Committee approval for the screening. Graham suggested that MDT screen around the materials and equipment and fenced around the building. MOTION — KCU-25-02 Young moved and Borgardt seconded to amend the conditions of AMENDMENT KCU-25-02 to change the final sentence of condition #6 that states "any fencing shall be installed in accordance with the zoning re ulation standards and locations for screening shall be Kalispell City Planning Commission Minutes of the meeting of April 8, 2025 Page12 approved or reviewed and approved by the Architectural Review Committee." DISCUSSION Graham stated that he didn't object to the amendment but that he also didn't have a problem adding it as a condition on the Staff Report. ROLL CALL — KCU-25-02 Motion passed unanimously on a roll call vote. AMENDMENT ROLL CALL — KCU-25-02 Motion passed unanimously on a roll call vote BOARD DISCUSSION None. OLD BUSINESS Sorensen updated the commission on city council action on items from the March Planning Commission meeting. NEW BUSINESS Sorensen updated the board on the upcoming May 13, 2025 Planning Commission meeting and Work Session. ADJOURNMENT The meeting adjourned at approximately 6:40 PM. WORK SESSION Transitioned into work session on the Montana Land Use Planning Act. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Commission Minutes of the meeting of April 8, 2025 Page 13 AMENDED MONTANA DEPARTMENT OF TRANSPORTATION COMBINATION FACILITY ANNEXATION AND INITIAL ZONING OF P-1— STAFF REPORT #KA-25-02 CONDITIONAL USE PERMIT — STAFF REPORT #KCU-25-02 KALISPELL DEVELOPMENT SERVICES DEPARTMENT APRIL 8, 2025 A report to the Kalispell City Planning Commission and the Kalispell City Council regarding a request from the Montana Department of Transportation ("MDT") for annexation, initial zoning of P-1 (Public), and a conditional use permit for a facility at 2905 Highway 93 North. A public hearing has been scheduled before the Planning Commission for April 8, 2025, 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 MDT has submitted applications for annexation, initial zoning of P-1 (Public), and a Conditional Use Permit for the expansion of an existing facility located at 2905 Highway 93 North. The facility would include an approximately 28,400 square foot new building combining equipment storage, mechanics, and welding shops under one roof. MDT would continue to store salt, sand and other materials for maintenance at the location. A: Applicant: Department of Transportation State of Montana 2701 Prospect Avenue Helena, MT 59620 B: Location: The property is located at 2905 Highway 93 North and can generally be described as Tract 2 of Certificate of Survey No. 8673, lying and being in Government Lot 4, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A specific metes and bounds description is attached in the application packet. C: Existing Land Use and Zoning: The subject property is an existing MDT facility being utilized as a maintenance yard. The zoning of the property is currently county SAG-10, which is "a district to provide and preserve agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate - type residential development." D: Proposed Zoning: The proposed zoning district is city P-1 (Public). The P-1 zone is "a public district intended to provide and reserve areas for public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety and general welfare. Such public uses would include schools, public buildings, parks, airports, jails, utilities, etc. This zoning district would typically be found in the public land use designation as shown on the Kalispell Growth Policy Future Land Use Map but can be applied to any land use designation." D. Size: The subject property is approximately 8.95 acres E: Adjacent Zoning: North: County SAG-10;City RA-2/PUD East: City P-1 South: City B-2/PUD West: County SAG-10 F: Adjacent Land Uses: North: Vacant East: Armory South: Commercial/Auto sales lot West: Commercial/industrial/golf course4Eghway 93 N G: General Land Use Character: The property is located in a generally commercial area which transitions into multi -family to the east and single-family to the north, along with undeveloped lots slated for multi -family and office use. The major uses in the immediate area include the Ford dealership, the armory, Northern Pines golf course, Falkor, and the new Stillwater Bend commercial development. There are also large-scale developments in the area such as Kalispell North Town Center as a major retail/office center with both multi- family and single-family residential planned, which stretches from the highway to Whitefish Stage. Additionally, Eagle Valley Ranch to the north is a major mixed -use development with multi -family, single-family, and office uses. Kalispell Growth Policy KALISPELL MDT Combination Facility ® Subja P-6 urban Mixed use Subui n Residential Guvwnrnent Facility Suburban Residential uburban Residential �rba� Mi'tzd �_e 5uhject✓. '�iPa�cel� �r Ecdemment Urban l�� se Suburban Residential urQan Qaka San'ces: nornara adamal, \ 0 160 328 640 960 Rameaa county ca Feet CkY If KWmm Gam. Basemap: r a;n �F,-rn h 17,2025 Esri Community Maps, ArcGIS.com H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Mixed Use. The proposed P-1 (Public) zone is intended to be utilized in any land use designation and thus would be supported by the growth policy. The property is located inside the city's annexation boundary. The Highway 93 North Area Plan, which is incorporated into the growth policy, states that "access should be coordinated so as to allow only collector or arterial streets to intersect [with the highway]. The judicious use of right -in right -out approaches, frontage roads and good internal development street design should be the rule to reduce or eliminate the need for direct access onto major gateway roads." L• Availability of Public Services and Extension of Services: The property is adjacent to the city limits and is located within the city annexation boundary. All services are available to the property. Extensions of any utilities as well as roadways that will be necessary to serve the subdivision will be completed by the applicant. Sewer: City of Kalispell upon annexation Water: City of Kalispell upon annexation Refuse: City of Kalispell upon annexation Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: Lumen Schools: School District #5 (Edgerton Elementary/Glacier High School) Fire: West Valley Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation 3 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 Commission, 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. There are several aspects of the growth policy which support the annexation of the property: Land Use: General goals and policies of the growth policy encourage the orderly development in the growth policy area with space for future expansion while ensuring compatibility of adjacent land use. There have been extensions of city services to within a short distance of the property and the proposed development would utilize those services. 4 Natural Environment: The natural environment is an important part of what makes a neighborhood or community an appealing place to live, which may be jeopardized as growth occurs. The growth policy in Chapter 5 on the Natural Environment, while recognizing the importance of minimizing the impact of development, also includes goals stating that the City should "encourage higher density mixed use developments on lands within and close to the city limits" (Goal 7); "discourage large lot developments without public infrastructure" (Goal 8); and "encourage urban growth only on agricultural lands entirely within the City's annexation policy boundary" (Policy 5). While not a mixed -use project, the purpose behind those goals and policies is to keep growth within an area immediately around existing urban growth utilizing city services, such as sewer and water. This particular use is intended to help more efficiently serve and maintain transportation infrastructure throughout the community, supporting existing and future development trends. By keeping growth in those areas and supported by infrastructure, the natural environment of the valley as a whole is better protected than by allowing sprawl to consume outlying areas. Transportation: The Highway 93 North Area Plan, which is incorporated into the growth policy, states that "access should be coordinated so as to allow only collector or arterial streets to intersect [with the highway]. The judicious use of right -in right -out approaches, frontage roads and good internal development street design should be the rule to reduce or eliminate the need for direct access onto major gateway roads." The conditional use permit addresses the extension of Quail Lane from Rose Crossing to the north end of the site. This extension, in addition to reducing direct access to the highway for this facility, would allow for the continuation of a north -south road running parallel to the highway connecting Rose Crossing to Eagle Valley Drive. That connection helps establish a better network of roads off the highway, funneling traffic to major intersections and preserving traffic flow on the highway. Without annexation, the road connection is unlikely to be available. 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 services are available to the property. Any additional extensions necessary to provide service would be designed and installed by the property owner subject to review and approval by the Kalispell Public Works Department under the City of Kalispell Standards for Design and Construction. The site is currently protected by the West Valley Rural Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from the Rural Fire District. At the time of annexation, the property will be served by the Kalispell Police and Fire Departments. The site lies approximately 1.6 miles from fire station 62, and it 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. 5 C. Distance from current city limits: The subject property is immediately adjacent to the existing city limits line. D. Cost of services: 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. The typical cost of services analysis would not apply in this situation due to its status as an exempt state-owned property and the existing facility on the site. It is anticipated that the increased cost of service would be minimal. The location of the facility at this location would, however, allow MDT to better and more efficiently perform its operations which provides a service to the community as a whole. IL INITIAL ZONING 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 P-1 (Public) as the underlying zone. 1. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Mixed Use. The zoning ordinance contemplates P-1 as an appropriate zone within any land use designation. The requested zone complies with the growth policy. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The existing access to the site includes both Rose Crossing and a shared driveway off of Highway 93 that also accesses the armory. Annexation and zoning of the area would not directly change the impact on the transportation systems, with the impact a function of the property development. Any development of the property would be reviewed and approved according to city design criteria that would account for access to the site. Along with this application, the applicant has submitted a request for a conditional use permit that would include an analysis of access to the property. A key aspect of the new access will be the provision of a roadway connection to be developed from Rose Crossing to the north property line of this site, linking in the future with Eagle Valley Drive and providing a north -south access road. The road helps minimize direct access onto the highway, which is a critical consideration under the growth policy.. 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 6 public. All municipal services including police/fire protection will be available upon annexation. 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 P-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. Any development of the property would be reviewed and approved pursuant to city design criteria. Along with this application, the applicant has submitted a request for a conditional use permit that would address those issues. The particular use proposed would be an 1vMT facility that directly supports highway maintenance throughout the area, which is a benefit to the overall transportation system. 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 the vicinity. The proposed public use district maintains and is compatible with the established primarily commercial land use pattern in this area. 8. Does the requested zone give consideration to the character of the district and its particular suitability for particular uses? The proposed P-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 P-1 zoning district will promote compatible and like uses on this property as are found on other properties in the area. Any potential future development on the property will be reviewed for compliance with zoning dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhood. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available, and it serves to support appropriate use of land throughout the city by further developing city infrastructure. The proposed zoning is consistent with the growth policy and is compatible with current zoning in the immediate area. III. EVALUATION OF THE CONDITIONAL USE PERMIT REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested. The requested conditional use permit would allow an MDT combination facility that would include an approximately 28,400 square foot new building combining equipment storage, mechanics, and welding shops under one roof MDT would continue to store salt, sand and other materials for maintenance at the location. Mechanics and welders currently at the 5m Avenue EN facility will be relocated to the new site. u �M " -- " . __ r -- - iwxsnr xc ♦"nxc cu.vx "wrc .+�o us xu�v ac x b' ' � Iaz c� gV �--.. _ PM,.�.._.-IF--+m.. ,.s.'` -�..._ a; •'yw."".' � � � mw.,c e�srnc Y�c. } - ,•ss sr1 4 w,crxr.nui, w� CIF f g P> o .x F79 8 nmaMmern s - uumaing tmmons I 1. Site Suitability: a. Adequate Useable Space: The property is approximately 8.95 acres in size. The majority of the project site is relatively flat with no significant impediments. The zoning ordinance would apply development design standards for the parking lot, including dimensional standards for spaces and aisles, as well as entrance corridor standards. The property can also accommodate an extension of Quail Lane from Rose Crossing to the north end of the site. b. Height, bulk and location of the building: Design standards in the zoning ordinance would apply setbacks and lot coverage standards. In the P-1 zone, setbacks would be 15 feet in the front, 10 feet in the rear, and 5 feet on the side. The maximum lot coverage requirements would be 45%. The P-1 zone also limits the maximum height to 60 feet by right. The applicant has submitted information showing that these standards can be met. Verification of all these standards would occur during building permit review and site review. C. Adequate Access: The property fronts on Rose Crossing and Highway 93 North, which are existing streets that connect with the overall transportation system. The property currently has access to the highway via a shared private roadway with the armory and a gated driveway access onto Rose Crossing. 9 As part of the proposal, access will be changed with the extension of Quail Lane, which would be a dedicated public street built to a local standard (the transportation plan implies a minor collector, but the specifics of the proposed road and the northern end of Quail Lane off of Eagle Valley Drive would lead to a local standard). The extension of Quail Lane would be a 60-foot right-of-way with a sidewalk, landscape boulevard, and street lights on the west side and curb/gutter on both sides. Additional improvements on the east side would occur when further development occurs on the east side of the new street. The proposal includes a 50- foot-wide access from Quail Lane onto the property to accommodate large snowplows utilizing the site, which will be addressed through engineering review as a potential deviation. With the new connection to Rose Crossing, the access from the private roadway on the north side of the property should be restricted. The applicant has proposed reconfiguring the approach to restrict traffic from turning southbound and the reconfiguration should be included as a condition. The specific design would be subject to review and approval by both the city and 1VIDT. Other than the entrance corridor standards requiring landscaping and the pedestrian/bike path, no frontage improvements on either Rose Crossing or the highway would be required. d. Environmental Constraints: There are no known environmental constraints, such as streams, floodplains, or wetlands on the area of the property proposed for development which could affect the proposed use. 2. Appropriate Design: a. Parking Scheme/Loading Areas: The proposal includes 23 parking spaces on the site. Final design of the parking lot will need to comply with parking design standards under the zoning ordinance and other applicable city standards. Those standards include, but are not limited to, parking space dimensions (typically 9 feet by 20 feet), drive aisle dimensions (typically 24 feet wide for two-way traffic), and ADA accessible parking. b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. The submitted plans do not include any light poles for the parking lot. Any exterior lighting installed in conjunction with the development will need to comply with the lighting standards. C. Traffic Circulation: As noted above, the property fronts on Highway 93 North and Rose Crossing and will add an extension of Quail Lane from Rose Crossing to the north property line. Internal traffic circulation will be provided through the parking lot with aisles meeting minimum dimensional standards. On -site traffic circulation is appropriately addressed. 10 d. Open Space: The southern portion of the property, which is currently generally open space, will continue its existing use as storage for highway maintenance materials and equipment such as sand, salt, and de-icing products. Due to the property's location along the highway, the zoning ordinance (Sec. 27.20.29) applies entrance corridor standards. On Highway 93 north of Reserve, it is a 100-foot buffer requirement. The buffer is reduced under the regulation to not encompass more than 10% of the property. In this instance, the width is reduced to 59 feet. The buffer area is, in most cases, comprised of landscaping and pedestrian/bike trails, but can also include "frontage roads intended to limit the number of access approaches onto the highway." This proposal provides a 60-foot north -south road (Quail Lane extension) along the east property boundary that aligns with the road network in the area, accomplishing a primary purpose for the frontage road provision. In addition, the proposal includes a 10-foot-wide asphalt path along the highway frontage along with an approximately 30-foot-wide landscape buffer. The provisions in the proposal relating to the entrance corridor are satisfied. Specific details of the design will be reviewed and approved as part of the building permit and site review processes. e. Fencing/Screening/Landscaping: The conceptual landscaping plans submitted should be required as part of the approval in addition to any required landscaping under zoning and parks regulations which are addressed through the building permit and site review processes. As discussed above, landscaping along the highway is required as part of the entrance corridor standards and should include not only the property itself, but also extend to the paved surface within the right-of-way. Required boulevards and buffering along the Quail Lane extension as well as buffering along the access road along the north property line should also be installed. Landscaping interior to the parking lot should equate to 5% of the parking lot area. The property currently has a screening fence along the perimeter of the site. The existing screening or the equivalent should be maintained in order to appropriately screen the facility from neighboring properties and the traveling public, including along the Quail Lane extension. Any fencing should be installed in accordance with the zoning regulation standards. f Signage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. 3. Availability of Public Services/Facilities: a. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the project. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. 11 There are existing hydrants serving the property with additional hydrants to be added subject to Fire Department review. There is adequate access to the property from the public road system. Station 61 is approximately 1.6 miles from the subject property giving good response time. C. Water: There is an existing water main along the north property line and in the highway right-of-way. There would not be any main extensions necessary for domestic service for the project. It is anticipated that a service connection would be installed off of the main along the north property line. It is possible that an extension may be necessary in order to provide for appropriate hydrant coverage depending upon the final fire code review. There is adequate capacity in the system to serve the property. d. Sewer: There are existing sewer mains along the north property line as well as in the highway and Rose Crossing. There would not be any main extensions necessary to serve the project and it is anticipated that a service connection would be installed off of the main along the north property line. There is adequate capacity in the system to serve the property. e. Storm Water Drainage: Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. Also prior to receiving a building permit, the developer will need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. f Solid Waste: Solid waste pick-up can be provided by the City. g. Streets: As noted above, the property fronts on Highway 93 North and Rose Crossing and will add an extension of Quail Lane from Rose Crossing to the north property line. Streets are addressed in more detail under Section III(1)(c) of this report relative to access. h. Sidewalks: There is an existing sidewalk along Rose Crossing. The proposal includes an additional sidewalk to be constructed on the west side of the Quail Lane extension and a multi -use path within the buffer area along the highway. Both will extend from existing facilities to the north property line. i. Schools: This site is within the boundaries of School District #5. As a non- residential use, any impact on the schools would be limited. j. Parks and Recreation: There is no impact on city parks from the proposed use. 12 4. Neighborhood impacts: a. Traffic: Traffic would access the property from Rose Crossing and Highway 93 North. A Traffic Impact Study does not appear to be required at this time, although, as discussed above, the extension of Quail Lane is a critical aspect of the proposal for both the operation of the proposed facility and the future functionality of the road network in the area. b. Noise and Vibration: The development of the property as a maintenance facility would lead to some noise and vibration, primarily due to equipment noise. Direct neighbors include the armory and an auto sales lot, and the anticipated impact would be generally consistent with the commercial character of the neighborhood and the existing use as an MDT facility. C. Dust, Glare, and Heat: As with noise and vibration, dust, glare, and heat impacts would primarily be related to equipment on the site. The anticipated impact would be generally consistent with the commercial character of the neighborhood and the existing use as an MDT facility. d. Smoke, Fumes, Gas, or Odors: As with other neighborhood impacts, smoke, fumes, gas or odors would primarily be related to equipment on the site. The anticipated impact would be generally consistent with the commercial character of the neighborhood and the existing use as an MDT facility. e. Hours of Operation: The hours of operation would generally be from 7:00 AM to 5:00 PM, although hours may vary particularly during snow events. The hours are consistent with the commercial area in which it is located. 5. Consideration of historical use patterns and recent changes: The property is located in a generally commercial area which transitions into multi -family to the east and single- family to the north, along with undeveloped lots slated for multi -family and office use. The major uses in the area include the Ford dealership, the armory, Northern Pines golf course, Falkor, and the new Stillwater Bend commercial development. There are also large-scale developments in the area such as Kalispell North Town Center as a major retail/office center with both multi -family and single-family residential planned, which stretches from the highway to Whitefish Stage. Additionally, Eagle Valley Ranch to the north is a major mixed -use development with multi -family, single-family, and office uses. It is anticipated that the neighborhood character will continue in that manner. The MDT facility is consistent with the historic and projected growth patterns in the area. 6. Effects on property values: No significant negative impacts on property values are anticipated as a result of the requested conditional use of the property. 7. Impact on surrounding area: After considering the foregoing review criteria, it is found that the proposed use conforms to the requirements set forth in Chapter 27 of the Kalispell Zoning Ordinance. Furthermore, the application of generally applicable design 13 standards and the conditions of approval provided for herein ensure that the proposed use of the property will have no more adverse effect on the health, safety, or comfort of persons living or working in the area and will be no more injurious, economically, or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. RECOMMENDATIONS (1) Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KA- 25-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city P-1 (Public). (2) Staff recommends that the Kalispell City Planning Commission adopt staff report #KCU- 25-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: CONDITIONS OF APPROVAL 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. That the development and use of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. The extension of Quail Lane from Rose Crossing to the north property line shall be a 60- foot right-of-way dedicated to the city. The street shall be constructed to a local standard under the Standards for Design and Construction with a sidewalk, landscape boulevard, and street lights on the west side and curb/gutter on both sides. In the event state law prohibits dedication, a public road and utility easement shall be granted to the city. 4. The approach from the private road along the north side of the property onto the highway shall be reconfigured to restrict traffic from turning southbound. The specific design shall be subject to review and approval by both the city and MDT. 5. Due to the property's location along the highway, the zoning ordinance (Sec. 27.20.29) applies entrance corridor standards which shall be incorporated into the overall design in substantial compliance with the submitted plans. Specific details of the design shall be reviewed and approved as part of the building permit and site review processes. 6. The existing fencing/screening or the equivalent shall be maintained in order to appropriately screen the facility from neighboring properties and the traveling public, including along the Quail Lane extension. Any fencing shall be installed in accordance with the zoning regulation standards and locations for screening shall be reviewed and approved by the Architectural Review Committee. 14 7. Hydrant locations and any related water main extensions shall be subject to review and approval by the Fire and Public Works Departments. 8. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. 9. Prior to construction, the applicant shall submit a building permit for review and approval by the city of the building and site development pursuant to standard building permit and site review processes. 15 TO: plan ning(a-)-kalispell.com City of Kalispell Planning Department FROM: Ryan Mitchell, PE, PLS Senior Project Manager DATE: February 7, 2025 SUBJECT: RPA Project No. 24203.002 MDT Kalispell — Combination Facility Annexation & Initial Zoning and CUP Petitions 2905 US Highway 93 N, Kalispell, MT 59901 Item Number Copies Description 1 1 - .PDF Petition for Annexation & Initial Zoning w/Attachments 2 1 - .PDF Withdrawal from the Rural Fire District 3 1 - .PDF Petition for CUP w/Attachments 4 1 — PDF Kalispell Planning Department Fee Schedule — Fee of $1,636 5 1 - . PDF Kalispell 2025 Application Deadlines — April 8, 2025 Meeting Date On behalf of our Client, the Montana Department of Transportation (MDT), RPA has prepared the required information for the Annexation & Initial Zoning and Conditional Use Permit (CUP). Also, the fees for these petitions have been calculated to be as follows: Annexation - $901 CUP - $735 A check in the amount of $1,636 will be delivered to your office in the next couple of days. Thanks, and please let me know if you have any questions. Ryan 406 752.5025 102 Cooperative Way, Suite 300 Kalispell MT, 59901 =�rf www.rpa-hln com HELENA KALISPELL BOZEMAN Development Services {.FFY Department 201 1st Avenue East AILI[P EIL� Kalispell, 59901 Phone (406) 758-794-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: plan ning(cDkalispell.com Website: www.kalispell.com Project Name Property Address MDT Kalispell - Combination Facility 12905 US Highway 93 N., Kalispell, MT NAME OF APPLICANT Applicant Phone State of Montana, Department of Transportation 1406-444-6200 Applicant Address City, State, Zip 2701 Prospect Avenue Helena, MT 59620-1001 Applicant Email Address mmurolo@mt.gov If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone State of Montana, Department of Transportation 1406-444-6200 Owner Address City, State, Zip 2701 Prospect Avenue Helena, MT 59620-1001 Owner Email Address mmurolo@mt.gov CONSULTANT (ARCHITECTIENGINEER) Phone Robert Peccia & Associates, Inc. (RPA) 1406-752-5025 Address City, State, Zip 102 Cooperative Way, Suite 300 Kalispell, MT 59901 Email Address RMitchell@rpa-hln.com POINT OF CONTACT FOR REVIEW COMMENTS Phone RPA (Ryan Mitchell) 1406-212-3692 Address City, State, Zip 102 Cooperative Way, Suite 300 lKalispell, MT 59901 Email Address RMitchell@rpa-hln.com List ALL owners (any individual or other entity with an ownership interest in the property): State of Montana, Department of Transportation Legal Description (please attach a full legal description for the property and a copy of the most recent deed). See Attachment 1 for full legal description. See Attachment 2 for 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). FonfirmedbyCatherine Frazier 12/8/24. K'NLISF'ELL 1. Land In project (acres) 8.95 acres 2. Current estimated market value $302,770 Estimated market value of proposed development at 50% build out $ N/A - State Owned Estimated market value of proposed development at 100% build out $ N/A - State Owned 3. Is there a Rural Fire Dept RSID or Bond on this property? F 1 ES 17 NO If yes, remaining balance is: $ N/A 4. Present zoning of property Suburban Agricultural 5. Proposed zoning of property P-1, with CUP 6. State the changed or changing conditions that make the annexation necessary: MDT is going to build a new combination facility on this lot, that will combine equipment maintanance and storage. The new facility will need water (domestic and fire) and sewer. HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet w/ answers): a. Promoting the Growth Policy See Attachment 1 for b. Lessening congestion in the streets and providing safe access responses to these c. Promoting safety from fire, panic and other dangers questions. d. Promoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and 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 Applicant Signature during the approval and development process. Date ,111WEIF 11PA C'1"I'X OY IFCYVILIUSPEILIL 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: https://www.kalispell.com/DocumentCenter/View/447/PIann inq-Fees-Schedule-2023-PDF?bidld= Attachment 1 - Legal Description & Responses to Annexation Questions Legal Description A tract of land situated, lying and being in Government Lot 4, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Tract 2 of COS 8673. Project Location This Project is located north of Kalispell, at the northeast corner of Rose Crossing and US Highway 93 N. The address of the subject property is 2905 US Highway 93 N. The property is currently owned and used by the Montana Department of Transportation as a maintenance yard. Below is an image showing the project area: r E h, s Project Description MDT plans to construct a new —28,400 square foot building that will combine Equipment Storage, Mechanics, and Welding Shops all under one roof. MDT will continue to use the property as a maintenance facility and will want to continue to store salt/sand and other materials for maintenance at this location. Currently, much of the Equipment Storage, Mechanics and Welding Shop is completed at the MDT 5th Ave EN location. With the completion of this new facility at 2905 US Highway 93, that personnel and equipment will be relocated from the 5th Ave EN location to this new facility. 406.752.5025 102 Cooperative Way, Suite 300 Kalispell MT, 59901 +ems www.rpa-hln.com HELENA KALISPEll BQ2EMAN Attachment 1 - Legal Description & Responses to Annexation Questions MDT Kalispell — Combination Facility January 3, 2025 The site used to have "moveable" buildings that acted as offices for MDT's Construction Services personnel. These buildings have been removed and MDT is leasing space elsewhere for these individuals. These individuals will be relocated to the 5th Ave EN facility, closer to Project Managers and Engineers. The mechanics and welders will be relocated from the 5th Ave EN facility to the new facility at 2905 Highway 93 N. Annexation If the property is Annexed, there are some standard questions that must be addressed. These questions and our responses are shown below: a. Promoting the Growth Policy According to the Kalispell Growth Policy Planning Area Map, Figure 1 in the Growth Plan, this project location has a future land use designation of "City Airport, Government Facility". Given that the proposed use case for this site is MDT office spaces and maintenance area, this proposed development aligns exactly with the Growth Policy's future use plans. The map being referenced in this paragraph is attached as Exhibit A. b. Lessening congestion in the streets and providing safe access MDT owned and operated vehicles will no longer be forced to operate out of the 5th Ave EN facility, which requires them to navigate city traffic. This new facility would allow much of the maintenance equipment to leave directly from the 2905 US Highway 93 facility onto either US Highway 93 or Rose Crossing. c. Promoting safety from fire, panic and other dangers This new facility will allow MDT to better maintain the roadways its responsible for, thus increasing the safety of driving on all nearby MDT state -maintained roadways, especially in inclement weather. d. Promoting the public interest, health, comfort, convenience, safety and general welfare The proposed development will allow MDT to better maintain roadways, especially when considering winter conditions, where maintenance has been difficult to perform effectively in freezing conditions. More efficient and effective maintenance on behalf of MDT will result in promoting the public interest, health, comfort, convenience, safety and general welfare. e. Preventing the overcrowding of land This project reassigns MDT personnel and equipment between two separate locations, but in a much more efficient manner. if. Avoiding undue concentration of population This project reassigns MDT personnel and equipment between two separate locations, but in a much more efficient manner. g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities The proposed development will include extending Quail Lane from Rose Crossing northerly and will make improvements at the current approach onto US Highway 93 N, providing adequate transportation. Water and sewage are available from the City of Kalispell and is adequate for the proposed building. Schools, parks and other public facilities won't be impacted, as the site is currently owned by MDT and used for highway maintenance activities. h. Giving reasonable consideration to the character of the district. This project is located adjacent to other government and commercial land uses and does not currently border any residential properties. This should mean that noise constraints are of minimal concern. i. Giving consideration to the peculiar suitability of the property for particular uses Page 2 of 3 Attachment 1 - Legal Description & Responses to Annexation Questions MDT Kalispell — Combination Facility January 3, 2025 Given the properties relative location to Whitefish and Kalispell, as well as its easy access onto Highway 93 and Rose Crossing, this property offers MDT an increased ability to effectively maintain its roadways. j. Protecting and conserving the value of buildings The US Highway 93 Site has some "moveable" buildings that will be removed for the new facility to be constructed. Other buildings, like the salt/sand storage building will likely remain. k. Encouraging the most appropriate use of land by assuring orderly growth This project is located within the Growth Policy Planning Boundary, as can be seen in Exhibit B. It also coincides with the future use planning assigned by the city, as seen in Exhibit A. A Base Map is provided in the attached Exhibit C. Page 3 of 3 Figure 1 Exhibit A - Growth Policy I Birch Grove Rd W Church Dr Church Dr f Church Dr I v _ ` U ` 1; "rd p ionslad Rd 1 Project Location 2905 US Highway 93 N o- _ 4 Ros R Crossing• ross i g { k Ak S T W Reserve Dn ; -i--------- "N �•+ �' VIReser D" 1 ,�•" ---- -r9' ERESERVE DR 1 � 1 _ m 1 — f x f 1 ...._ ,....__ Evergreen Dr Farm to Kid,ke d ; 4 Mile jj - f, 1 ru—r' 1 r 1 � 35' LiT iup —THREE MILE DR 1 N 1 _ 2 Mile Dr 1 1�W ID P`F1D Sj 'I 1 z y o f 2 � p GN�P� Whalebohe r e p Fos Lake Rd 1 r . e•. e�rr'e 1 r� LEGEND QGrowth Policy Planning Area -- Annexation Policy Boundary Kalispell City Limits Boundary ♦* cedie Rd L—rva - Alternate Hwy 93 Complete i 1 Alternate Hwy 93 Planned for 2016-2018 Future West Growth Boundary - 15 Years - 4 !.ift4 E 0 Growth Policy Future Land Use Designations — Commercial Neighborhhod Commercial � Roekycli D .,`,. - Industrial r� - Urban Mixed Use Auction Rd - High Density Residential (� Urban Residential S'9� Suburban Residential ® City Airport, Government Facility ,J Public/Quasi Public, Openspace — Floodway N Zy 9 Special Flood Hazard Area (SFHA) 1 pct chance of Annual Flooding) W m' ® Gravel Pit Buffer 5 ® / M p eared by River Buffer - 1 , City rl(erip u P' - PI —nine oep gem (406)]5E7940 ® Highway Entrance Corridor D 0.25 0.5 1 1.5 2 2.5 3 ry�ep oe�e: Aprl� zot4 Miles 1N0 ..�. _. �13 �ea°° 3a gs'oZ A2vn NVf SOoomi w s ¢ tt J wU O 3j O d`dW 3S`d8 O 0 1181HX3 O ■ a,iliiaaHS 0 I Ul�vl -- Q N dd m K Q N K wY Z O to O r of 3w O Ord ¢ >w Z¢ O Om I o w 0ZW w / mm < aI a I r N U MZ wU O Q 5� Y ¢ ZQ �a0O�U r� T mlw 1K SS OF • O W \\\\I 3 cl- II �mW ¢a 3f< I N�N O 3 Y 3 DO r2 mUI XOO iNw ¢w N wNo o II ¢ ��� =a o as I �Jo a�� rrz rm00 U w ww I'NpOQ O tt w flw I ¢ U roI 00 c94w N � I xI� 3 yY xr 152 r cep Nw� I ¢ I I i 0 w o ,o oz .0 oz .os i I II / I � I �w a c�o¢a grow O SN F w m m Y "mw �aE5 �� z I I w o I I I p0 w Yo ¢y I I -mY I o ra I Y sS117 = w>E5 < < _ ....... m 26 AtlMH`JIH Sfl M a --- --- :A! _ u �J ¢o� w N m 'oo wI I to w a a��N J hN owwf 3 y I mo�lo wN_��w wp u w wZ� oZm Y IQF-F T-r oJa LL�uwi u�uwi I I I `773dsnVN A11110Vd 09W0010W 3�ili io3 o21 FM-27407 WARRANTY DEED Attachment 2 - Deed FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the undersigned, PACK AND COMPANY, INC. ,a-d hereby grant to STATE OF MONTANA DEPARTMENT OF TRANSPORTATION real property in Flathead County, Montana, described as follows: A tract of land situated, lying and being in Government Lot 4, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Commencing at the Southwest comer of Government Lot 4, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, which is a point; thence South 89"30'27" East and along the South boundary of the South Half of the West IIalf of said Govemmcnt Lot 4, a distance of 59.47 feet to the East right g of way of U.S. Ilighway No. 93 and the True Point of Beginning of the tract of land herein descrbed; thence North 00°21'42" East and along said East right of way, a distance of 659.49 feet to the North boundary of said South Half of the West Half and the N centerline of a 60 foot private road and utility easement; thence South 89°32'42" East and along said centerline and North boundary, a distance of 587.01 feet to the East boundary_ of said South Half of the West > Half; thence d South 00'16'22" East and along said East boundary, a distance of 659.92 feet to the South boundary of said South Hal £of the West Half; thence Q North 89°30'27" West and along said South boundary, a distance of 594.32 feet to the Point of Beginning. '1 ract 2 of Certificate of Survey No. 8673. I'OGE'1HER WITH an easement for ingress, egress, and utilities over that part of the sixty foot (60') private read and utility easement that runs along the common border between Tracts I and 2 of Certificate of Survey Number 8673, records of Flathead County, Montana that is on said Tract 1. Exhibit "A" attached hereto is a copy of part of said Certificate of Survey Number 8673, and identifies the sixty font (60') easement referred to herein. TO HAVE ANT) TO HOLD unto the Grantee, and Grantee's heirs, successors, and assigns, forever, SUBJECT TO THE FOLLOGNTNG: (a) Reservations and exceptions in patents from the United States and the State of Montana- (b) Existing easements and rights -of -way. (c) Mineral and royalty reservations and conveyances of record. (d) Building, use, zoning, sanitary and environmental restrictions, and waivers of record. (e) Taxes and assessments for 2000 and subsequent years. (f) The effect of restrictions contained in Certificate of Subdivision flat Approval recorded with Certificate of Survey No. 8673, recorded October 7, 1986, as Doc. No. 86-280-14340, records of Flathead County, Montana. (g) Condernnation by the State of Montana for right of access to state highway and of light, view and air, Case No. DV-92-197B, recorded January 1 1. 1996, as Doc. No, 96-011-10250, records ofFlathead County, Montana. EXCEPT with reference to the items referred to in paragraphs (a) to (g) inclusive, this deed is given with the usual covenants expressed in Section 30-11-110, MCA. Warranty Deed Attachment 2 - Deed DATED: bec -�- c 2000. PAC COMPANY INC. By 2r- J es P. Lynch, II Its: President STATE OF MONTANA ss. County of Flathead ) This instrument was acknowledged before me this cam '0 day of December, 2000, by James P. Lynch, II as t of Pack and Company, Inc. m Notary Public o e St to of Montana r Z Residing T Q�`9C My commission expires o� �Onrr-AtAN Warranty Deed Attachment 2 - Deed (3� , , n.s6' AVr sir S8903457 E' 579. 70 ` M. 60' 651.26 00 TRACT :. 8.834 AC � 803/ AC. NET � �. N89°3242"iy e8T0/ 60'r. UT/LITTYAEASEMENT TRACT 4-14 1� 8.946 A 2 N C. •a 8.530 AC NEr N 65 FNd. BRASS C4a /.3107-57' (BAS/S OF BB',Qfi',N�•5) c`t� ' 59.4T' r \ AFTER RECORDING REXHIBIT RETURN TO STATE OF MONTANA DEFT-TRANSPORTATI 2359 RWY 93 NORTH l KALISPELL, MT 59901 STATE OF MONTANA County of Flathoed J r•1 /_ 1 l Remrdod a he request of thls —e o'do<k M arrd recorded in the retards of flathead County, State of Mane. r, Fee S _... .� M ad County wGwan SIM Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the West valley Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell. Petitioner/Owner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) County of Flathead County On this ' day of > before me, �Ie undersigned, a Notary Public for the State of Montana, personally app ed ��2 �, 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-arideaffixed my Notary (Seal the day and year in this certificate first above written. �_ ''ER F�, CHRISTOPHER E MURPHY .1?�oz AR/ �� NOTARY PUBLIC for the s z State of Montana SEAL,1 ` Residing atHelena, Montana A9 NTAIV 0' ission Spires Mara 17,1027 County of Flathead County Notary Public, State of1G Printed Name kics Residing at La o.15 s My Commission expires: On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: Development Services rsz y �F Department Kalispell, MT 59901 KA11,11SPE11,11, 201 1st Avenue East Phone (406) 758-7940 CONDITIONAL USE PERMIT Email: plan ning(cDkalispell.com Website: www.kalispell.com Project Name Property Address NAME OF APPLICANT Applicant Phone Applicant Address City, State, Zip Applicant Email Address If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECTIENGINEER) Phone Address City, State, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Phone Address City, State, Zip Email Address List ALL owners (any individual or other entity with 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). See Attachment 1- Warranty 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). Confirmed by Catherine Frazier 12/8/24. Development Services C1'1'Y C)P / Department KALISPELL Phone 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1. Zoning District and Zoning Classification in which use is propsed: Existing Sag-10 County Zoning, Proposed P-1 City of Kalispell Zoning 2. Attach a site plan of the affected lot which identifies the following items: a. Vicinity map and surrounding land uses b. Dimensions and shape of lot c. Topographic features of lot see Attachment 4 - Sce Plan d. Size(s) and location(s) of existing buildings See Attachment 4-Site Pian e. Size(s) and location(s) of proposed buildings See Attachment 4-Site Plan f. Existing use(s) of structures and open areas See Attachment4- Site Plan (Not, 3) g. Proposed use(s) of structures and open areas See AHa,hment4- Site Plan (Not, 4) h. Existing and proposed landscaping, screening, fencing, open space & signage i. Exisiting and proposed parking, loading, lighting & traffic circulation see Attachment a - Site Plan j. Exisiting and proposed garbage collection, streets & utilities See Attachment 4-Site Plan See Attachment 5 for k. Floodplain if applicable "/A Building Floor Plans, I. Adjacent sidewalks & bike trails see Attachment a - Site Plan Elevations and 3D Views. 3. Attach Building Elevations - (drawing of any proposed building and/or addition showing views from north, south, east and west ) 4. On a separate sheet of paper, discuss the following topics relative to the proposed use (please elaborate beyond referencing materials listed above): a. Traffic flow and control see Attachment 6 b. Access to and circulation within the property See Attachment 6 c. Off-street parking and loading See Attachment 6 d. Refuse/garbage collection and service areas See Attachment 6 e. Utilities (water, sewer, electric, etc.) See Attachment 6 f. Screening and buffering See Attachment 6 g. Signs, yards and other opens spaces see Attachment 6 h. Height, bulk and location of structures See Attachment 6 i. Location of proposed open space uses See Attachment 6 j. Hours and manner of operation see Attachment 6 k. Noise, light, dust, odors, fumes, vibration, glare and heat See Attachment 6 I. Storm drainage See Attachment 6 m. Fire/Police See Attachment 6 5. Attach supplemental information for proposed uses that have additional requirements (consult Planner) None. I hereby certify under penaltyof 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 Date Development Services Department KALISPELL 20Avenue East Kalispell, MT 59901 Phonene(406)758-7940 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. 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. 3. 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) 4. Application fee based on the schedule in the link below, made payable to the City of Kalispell: https://www.kalispell.com/DocumentCenter/View/447/Planning-Fees-Schedule-2023-PDF?bidld= FM-27407 Attachment 1 - Deed WARRANTY DEED FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the undersigned, PACK AND COMPANY, INC. M'4 `POi c""4 Ca 'P'i y hereby grant to STATE OF MONTANA DEPARTMENT OF TRANSPORTATION real property in Flathead County, Montana, described as follows: A tract of land situated, lying and being in Government Lot 4, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and q more particularly described as follows to wit: Commencing at the Southwest corner of Government Lot 4, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, which is a point; thence South 89°30'27" East and along the South boundary of the South Half of the West Half of said Government Lot 4, a distance of 59.47 feet to the East right of way of U.S. Highway No. 93 and the True Point of Beginning of the tract of land herein described; thence N North 00°21'42" East and along said East right of way, a distance of 659.49 feet to the North boundary of said South Half of the West Half and the cv centerline of a 60 foot private road and utility easement; thence South 89°32'42" East and along said centerline and North boundary, a LU distance of 587.01 feet to the East boundary of said South Half of the West Half; thence South 00'16'22" East and along said East boundary, a distance of 659.92 feet a to the South boundary of said South Half of the West Half; thence ¢ North 89°30'27" West and along said South boundary, a distance of 594.32 feet to the Point of Beginning. Tract 2 of Certificate of Survey No. 8673. TOGETHER WITH an easement for ingress, egress, and utilities over that part of the sixty foot (60') private road and utility easement that runs along the common border between Tracts 1 and 2 of Certificate of Survey Number 8673, records of Flathead County, Montana that is on said Tract 1. Exhibit "A" attached hereto is a copy of part of said Certificate of Survey Number 8673, and identifies the sixty foot (60') easement referred to herein. TO HAVE AND TO HOLD unto the Grantee, and Grantee's heirs, successors, and assigns, forever, SUBJECT TO THE FOLLOWING: (a) Reservations and exceptions in patents from the United States and the State of Montana. (b) Existing easements and rights -of -way. (c) Mineral and royalty reservations and conveyances of record. (d) Building, use, zoning, sanitary and environmental restrictions, and waivers of record. (e) Taxes and assessments for 2000 and subsequent years. (f) The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with Certificate of Survey No. 8673, recorded October 7, 1986, as Doc. No. 86-280-14340, records of Flathead County, Montana. (g) Condemnation by the State of Montana for right of access to state highway and of light, view and air, Case No. DV-92-197B, recorded January 11, 1996, as Doc. No. 96-011-10250, records of Flathead County, Montana. EXCEPT with reference to the items referred to in paragraphs (a) to (g) inclusive, this deed is given with the usual covenants expressed in Section 30-11-110, MCA. Warranty Deed z0003 1 16 D SO Attachment 1 - Deed DATED: -bCG -�- C 2000. PAC COMPANY INC. $y J es P. Lynch, II Its: President STATE OF MONTANA ) ss. County of Flathead ) This instrument was acknowledged before me this c;U `0 day of December, 2000, by James P. Lynch, II as t of Pack and Company, Inc. '40 QP �y ®*� D m Notary Public o e St to of Montana r r/') Residing /U T My commission expires �olurnNP Warranty Deed Attachment 1 - Deed 2000361 f &"-)- S� n.s6' , AVr sir S8903457 E' 57Y. 70 ` 30. 60' 651, 26 y TRACT :. 8.834 AC � 803/ AC. NET � �. N89°3242"iy e8T0/ 60'r. ROAD S UT/LITTYAEASEMENT TRACT -w1� 8.946 AC'. 2 N •a' 8.530 AC. NET N 65 sec.. cod FNd. 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Attendees from the City included Keith Haskins, Patrick Jentz, PJ Sorenson and Jarod Nygren. Attendees from RPA included Ryan Mitchell and Tony Woods. The proposed zoning for the annexation of the property is P-1. Per the City of Kalispell Zoning Ordinance, the usage for this site most appropriately fits number 16 of Section 27.18.030 as discussed at the pre -application meeting. It was discussed to reduce the buffer along US Hwy 93 N. to 15-feet given that a 60-foot easement would be added along the east side of the site for the extension of Quail Lane. The following information discusses the topics outlined in Part 4 of the Conditional Use Permit: a. Traffic Flow and Control Private Roadway Modifications It is proposed to keep the private access road on the north side of the site. There is an existing 60-foot roadway and utility easement along this private access road. Existing utilities along the roadway include an 8-inch PVC gravity sewer main and a 10-inch PVC water main. Per meeting with the City, it is desired to possibly eliminate the access to US Hwy 93 N from this roadway, but keep access for the existing utilities within the roadway. It is proposed to update the approach to restrict traffic from turning southbound out of the private roadway. Quail Lane Extension It is proposed to extend Quail Lane on the east side of the site from Rose Crossing to the north end of the site. Quail Lane will be a minor collector with a 60-foot right-of-way, with a sidewalk on the west side and curb & gutter on both sides. Street lighting and landscaping will be on the west side and be designed per the city standards. No utility extensions are anticipated within Quail Lane, except for storm drainage and street lighting as required. (406)752-5025 102 cooperative Way, Suite 300 Kalispell, MT 59901 www.rpa-hln.mm 'HELENA KALISPELL BDiEMAN Attachment 6 - Responses to Part 4 Topics Conditional Use Permit Part 4 Topics b. Access to and Circulation Within the Property January 3, 2025 It is proposed to have one new access to the site along the newly constructed Quail Lane. This access will need to be 50 feet wide (a deviation will need to be submitted and granted) to accommodate the large snowplows that will be utilizing the site. The north end of the site will have unrestricted access to the private roadway, except for a small landscape buffer aligning with the center of the building. The site has been sized for a "pull-thru" style configuration for the snowplows. c. Off -Street Parking and Loading The site is designed to accommodate 22 full-time employees. The sites proposed parking area includes 23 spaces including 2 ADA parking spaces. d. Refuse/garbage Collection and Service Areas It is proposed that City of Kalispell will collect solid waste from the site and dispose of at the Flathead County Landfill. e. Utilities (Water, Sewer, Electric, Etc.) Water A 10-inch PVC water main exists along the north side of the property. It is not proposed to extend any water mains as part of this project. One fire hydrant exists along this section of main on the north side of the property and it is proposed to relocate this fire hydrant and add two fire hydrants along the north side of the site. A domestic water service is proposed to connect to the existing 10-inch water main. This water service will have a curb stop and meter pit located within the utility easement. A separate fire service line will be connected to the existing main to serve the building's fire suppression system. Sewer An 8-inch PVC sewer exists along the north side of the property. It is not proposed to extend any sewer mains as part of this project. A new 4" gravity sewer service will connect to the existing sewer main with an Inserta-Tee®. Sand, oil and grease separators, per the City of Kalispell standards, will be used to collect water from the floor drains within the building. Electric Power for the site will be provided by Flathead Electric Cooperative. f. Screening and Buffering With the 60-foot easement for Quail Lane along the east side of the property, it is proposed to shrink the buffer on the west side corridor to 15 feet, as discussed during the Pre -Application Meeting. This 15-foot buffer will include landscaping and a multiuse path. g. Signs, Yards and Other Open Spaces Open spaces on the north end of the lot will be landscaped grass and include biofiltration areas. Any signage will be per the City Requirements. The southern portion of the lot will remain a "Storage Yard" for MDT Operations, including storage of materials and equipment for highway maintenance. Page 2 of 3 MW Attachment 6 - Responses to Part 4 Topics Conditional Use Permit Part 4 Topics January 3, 2025 h. Height, Bulk and Location of Structures The new maintenance facility will be approximately 28,400 square feet and will be approximately 28 feet tall, to the top of parapet. i. Location of Proposed Open Space Use The open space on the south side of the property will continue to be used as it exists. This area will contain highway maintenance materials such as sand, salt and deicing products. It is proposed to retain the south half of the property as a gravel operating surface for storage of said materials and highway maintenance equipment. j. Hours and Manner of Operation Typically, the site will see operation during weekdays from 7 am to 5 pm. The proposed site will see traffic in and out of the facility at various hours during the winter months, depending on the time and duration of snow storm events. k. Noise, Light, Dust, Odors, Fumes, Vibration, Glare and Heat Noise from the facility will be primarily equipment noise operating on the site. Light will be from onsite lighting and headlights from equipment. Dust from the gravel operating area should be minimal, as the operating speeds in the yard area will be limited to very slow traffic. Odors and fumes will be primarily from exhaust from equipment. Vibration will be from operation of equipment. It is not expected that this site will generate any glare or heat. . Storm Drainage Per recent discussions with the City and per Chapter 8 of the Kalispell Standards for Design and Construction, it has been determined that the site will be a redevelopment of the existing lot and therefore will only need to comply with B-3 Water Quality Treatment. The existing site does not have any stormwater treatment, stormwater conveyance structures or stormwater storage facilities. It is proposed to add bioretention areas and biofiltration swales per the Montana Storm Water Post -Construction BMP Design Manual. A properly sized retention pond will be located near the southwest corner of the site. m. Fire/Police It is anticipated that this facility will have minimal impact to fire and police, as it is a state owned facility for highway maintenance. Page 3 of 3 CITY Or Kalispell Growth Policy KALISPELL MDT Combination Facility ® Subject Parcel Urban Mixed Use Suburban Residential Government Facility Suburban Residential Suburban Residential Urban Mixed Use Government Facility Subject Parcel an U Ibo Mixed Use Suburban Residential Urban Mixed Use F---F -11 Data Sources: Montana Cadastral, N 0 160 320 640 960 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - March 17, 2025 Esri Community Maps, ArCGIS.com CITY OF Kalispell Mailing List ® Subject Parcel MDT Combination Facility 0 Mailing List Parcels KALISPELL �, Other Parcels 93 C _2 Call F-i d W Z inco n c a Data Sources: Montana Cadastral, N 0 300 600 1200 1800 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - March 17, 2025 Esri Community Maps, ArCGIS.COm