Staff Report - Lofts at AshleyPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager iZ
FROM: Jarod Nygren, Senior Planner
SUBJECT: KA-16-03 — Annexation and Initial Zoning of RA-1 (Residential Apartment) for Lofts
at Ashley, LLC
MEETING DATE: December 5, 2016
BACKGROUND: A request from Lofts at Ashley, LLC, to annex a 3.79 acre parcel into the city and zone the
land RA-2 (Residential Apartment/Office) upon annexation. The property is currently zoned county R-4 and
undeveloped, however, upon annexation the applicant is requesting to construct multi -family residential
apartments. Water and sanitary sewer service are in the vicinity of the property and upon annexation
extensions will be constructed to serve the property. The property is located at 2050 Airport Road in south
Kalispell. The property to be annexed can be legally described as Tract 1 of Certificate of Survey #20138, in
Section 19, Township 28N, Range 21 W, P.M.,M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing November 9, 2016, to consider the
application request. Staff presented staff report KA-16-03 providing details of the proposal and evaluation.
Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the
City Council that the annexation and initial zoning request be granted.
During the public comment portion of the hearing, a representative of the applicant spoke in favor of the
request. Ten (10) members of the public spoke in opposition to the request, at which time one of the members
presented 133 signatures of residents that were also in opposition to the proposed RA-2 Zone. Additionally,
approximately 40 members within the audience stood up in opposition to the requested RA-2 Zone. The
members of the public, including the signatures gathered, requested that the initial zoning of the property be
RA-1 Zone, rather than the requested RA-2 Zone. The members of the public were concerned that the density
allowed by the RA-2 Zone and the potential office use allowable by the RA-2 Zone were not appropriate for
the subject property and would have detrimental effects on their quality of life and property values.
There being no further testimony, the public hearing was closed and a motion was presented to adopt staff
report KA-16-03 as findings of fact, and recommend to the Kalispell City Council that the property be annexed
and the initial zoning of the property upon annexation be RA-2. The Board discussed the requested RA-2 Zone
noting that it did allow twice the density on an RA-1 Zone and that the RA-1 Zone was more compatible with
the surrounding city R-4 Zone and county R-4 Zone. They also concluded that the RA-2 Zone would allow
offices which would be out of character with the neighborhood.
Accordingly, a motion was presented to amend the requested zoning from RA-2 to RA-1. Board discussion
concluded that the amendment was appropriate, as there was overwhelming public support voiced for the RA-
1 Zone during the public hearing. The Board concluded the RA-2 Zone would unduly impact the character of
the adjacent single-family neighborhood due to the allowable density and potential commercial use within the
zone. The Board also felt the RA-1 Zone was more comparable to the adjacent city R-4 Zoning and County R-
4 Zoning. The motion passed unanimously upon roll call vote. There being no further discussion, the original
motion, as amended, passed unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Council approve the annexation and first reading of the
ordinance for initial zoning of RA-1 (Residential Apartment).
FISCAL EFFECTS: Approval of the request would have positive fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5792
Ordinance 1782
Annexation and initial zoning Staff Report KA-16-03
Minutes of the November 9 2016, Kalispell Planning Board
Application Materials
Public Comment
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5792
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 20138 OF
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS LOFTS AT ASHLEY ADDITION NO. 426; TO ZONE
SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE,
AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Lofts at Ashley, LLC, the owners of
the above -referenced property, requesting the City of Kalispell annex the territory
into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-16-03, dated November 9, 2016; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City RA-1, Residential Apartment, on approximately 3.79 acres of
land upon annexation into the City of Kalispell; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property described as Tract 1 of Certificate of Survey 20138
of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, be annexed to the City of Kalispell and the boundary of the
City is altered to so provide, and shall be known as Lofts at Ashley Addition
No. 426.
SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in
the City of Kalispell and shall be entitled to the same privileges and benefits
as are other parts of the City.
SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 5TH DAY OF DECEMBER, 2016.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1782
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 20138 OF
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY,
MONTANA, (CURRENTLY ZONED COUNTY R-4 (TWO FAMILY RESIDENTIAL) TO
CITY RA-1 (RESIDENTIAL APARTMENT)) IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Lofts at Ashley, LLC, the owner of the property described above, petitioned the City
of Kalispell that the zoning classification attached to the above described tract of
land, currently zoned County R-4, Two Family Residential, be zoned RA-2,
Residential Apartment/Office, on approximately 3.79 acres of land; and
WHEREAS, the property is located at 2050 Airport Road; and
WHEREAS, Lofts at Ashley, LLC's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-16-03, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned RA-2, Residential Apartment/Office, pursuant to Kalispell City Code
27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November
9, 2016, and after considering the Staff Report #KA-16-03 as well as public comment
and discussion, recommended that the zoning be City RA-1, Residential Apartment,
pursuant to Kalispell City Code 27.29.030 for the reason that the reduced density of
City RA-1, Residential Apartment is more consistent and compatible with the
existing surrounding neighborhood; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA-2, Residential Apartment, the City Council finds the recommendation
of the Kalispell City Planning Board to zone the property as RA-1, Residential
Apartment to be more compatible to the existing neighborhood and to be also
consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners, Etc. 590 P2d 602, the essential findings of fact of KPD as set forth
in Staff Report No. KA-16-03 with the exception of the consideration of density.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above as RA-1, Residential Apartment, on
approximately 3.79 acres of land.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS DAY OF DECEMBER, 2016.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
LOFTS AT ASHLEY
REQUEST FOR INITIAL ZONING OF RA-2, UPON ANNEXATION
STAFF REPORT #KA-16-03
REQUEST FOR CONDITIONAL USE PERMIT
STAFF REPORT #KCU-16-05
KALISPELL PLANNING DEPARTMENT
NOVEMBER 9, 2016
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request from Lofts at Ashley, LLC to annex into the city limits with an initial zoning
designation of RA-2 upon annexation and a conditional use permit (CUP) for multi-
family residential apartments. The property is located at 2050 Airport Road in south
Kalispell. A public hearing has been scheduled before the planning board for
November 9, 2016, beginning at 6:00 PM in the Kalispell City Council Chambers. The
planning board will forward a recommendation to the Kalispell City Council for final
action.
BACKGROUND INFORMATION
The Planning Department has received the following applications from Lofts at Ashley,
LLC for review:
• File # KA-16-03 - A request to annex a 3.8 acre parcel into the city and zone
the land RA-2 (Residential Apartment/Office) upon annexation. The subject
property is located at 2050 Airport Road in south Kalispell. The property is
currently undeveloped, however, upon annexation the applicant is
requesting to construct multi -family residential apartments (see below).
Water and sanitary sewer service are in the vicinity of the property and upon
annexation extensions will be constructed to serve the property.
• File # KCU-16-05 - A request for a conditional use permit for an 82 unit
multi -family apartment complex within the RA-2 (Residential
Apartment/Office) Zoning District. The apartment project would be
comprised of 62 two -bedroom units and 20 three -bedroom units arranged in
three buildings that vary between two and three stories in design. The
conditional use permit application would be subject to approval of
application KA-16-03, mentioned above. Multi -family apartment complexes
are permitted within the RA-2 Zone provided a conditional use permit is
obtained per 27.10.030 of the Kalispell Zoning Ordinance.
This report evaluates the two applications 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 CUP will be reviewed in accordance with
Section 27.33.080 of the Kalispell Zoning Ordinance.
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A. Petitioner / Owner: Lofts at Ashley, LLC
P.O. Box 534
Bigfork, MT 59911
B. Location and Legal Description of Properties:
The property under consideration is located at 2050 Airport Road, at the
southwest intersection of Airport Road and Teal Drive. The 3.8-acre parcel can be
described as Tract 1 of Certificate of Survey # 19815, in the Southwest Quarter of
Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. Existing Land Use and Zoning:
The property is currently within the county zoning jurisdiction and is zoned R-4
(Two -Family Residential). The county R-4 Zoning District is intended to provide
for urban residential development. Development within the district will require all
public utilities and all community facilities. A duplex is allowed in the district,
which equate to 1 unit per 3,750 square feet. Accordingly, the density permitted
with the county zoning would be approximately 45 units.
The 3.8 acre site is currently undeveloped grasslands with some landscaping
topography, mature trees, irrigation and "Ashley Park" entry sign. The property
was originally owned by the developer of the Ashley Park Subdivision to the west.
The landscaping was put in place as an entry into the subdivision. This coincides
with the .21 acre "Entry Landscaped Area A" parcel to the north. It can be
assumed that this was done in order to create an aesthetically pleasing entrance
into the subdivision. Although the small .21 acre parcel to the north is limited to
landscaping only, the subject property is not. Subdivision records indicate that
the subject property was never required to be parkland, even though it was
developed that way. The developer paid a park -in -lieu fee as each phase of the
Ashely Park Subdivision was developed, meeting the parkland requirement.
Another indicator that the property was never designated parkland for the
subdivision is that it is still located within county jurisdiction.
D. Proposed Zoning:
The applicant is requesting an RA-2 (Residential Apartment/Office) Zone. The
Kalispell Zoning Regulations state that the RA-2 Zone is intended to "provide
areas for residential development including multi -family housing and compatible
non-residential uses of high land use intensity. This district would typically serve
as a buffer zone between other commercial districts and adjacent residential
areas. The location of this district depends on proximity to major streets,
arterials, and business districts. This district shall be located within or adjacent
to business corridors, shopping islands or the Central Business District. This
zoning district would typically be found in areas designated as urban mixed use,
high density residential and commercial on the Kalispell Growth Policy Future
Land Use Map".
E. Size: The subject property is 3.8 acres.
F. Adjacent Land Uses:
North: Single-family residence, Ashley Creek and Begg Field
East: Single-family residence, vacant land, Ashley Creek and city wastewater
treatment plant,
West: Single-family residential,
South: Single-family residential.
G. Adjacent Zoning:
North: City R-4 and county SAG-10
East: County I-2
West: City R-4
South: City R-4 and county R-4
H. General Land Use Character:
The general land use category of the area can be described as a mix of uses in
transition. The primary use within the area is single-family, with the Ashley Park
Subdivision to the west and a few adjacent residences constructed in the county
on large lots. Additional uses within the vicinity include a meat processing plant,
baseball fields, mobile home park, city wastewater treatment plant, city airport and
salvage yard. Much of the area directly to the east of the subject property is located
within FEMA Flood Zone adjacent to Ashley Creek. This area will likely not be
developed. Looking into the future, School District 5 owns an approximately 25
acre parcel about .10 miles to the south where a new elementary school will be
located. It can be suspected that the new elementary school, along with the
completion of the bypass, will drive new residential development on the south end
town.
I. Utilities and Public Services:
City water and sewer mains are both within the vicinity of the property to the
south and north. Both utilities will need to be extended to the property. When
annexed, the developer will be required to pay the cost for the utility extension.
The design and sizing of these utilities will be reviewed and approved by the
Kalispell Public Works Department.
Sewer: City of Kalispell if annexed
Water: City of Kalispell if annexed
Refuse: City of Kalispell if annexed
Electricity: Flathead Electric Cooperative
Telephone: CenturyLink
Schools: School District No. 5 and Elrod Elementary
Fire: South Kalispell Fire District (currently), City of Kalispell
Fire Department if annexed
Police: Flathead County Sheriff Department (currently), City of
Kalispell Police Department if annexed
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I. ANNEXATION EVALUATION
1. Compliance with the growth policy:
Two primary mechanisms for managing growth in the City of Kalispell exist
which are to rely on redevelopment and 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 2, Growth Management, contains the following
goals that are relevant to this particular annexation request:
2. Implement a comprehensive, effective growth management program that
recognizes and upholds the general welfare of the community as well as
individual rights.
3. Encourage housing types that provide housing for all sectors and income
levels within the community.
5. New urban and suburban development occurs in areas where public
water and sewer are available.
In addition, to the three cited goals, 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 municipal services and
annexation. The property proposed for annexation falls inside the city's direct
annexation boundary.
2. Municipal Services:
Municipal sewer and water mains, are located within the vicinity of the property
to the south and west and can be readily extended by the applicant to serve the
site when the property undergoes development. The Kalispell Sewer treatment
plant lies within 'A mile of the site. Storm water services in Teal Drive abut the
property and have capacity to serve the site.
The site is currently protected by the South Kalispell Fire District and the
Flathead County Sheriff's office. The applicant has submitted a Notice of
Withdrawal from Rural Fire District. At the time of annexation, the property
will be served by the Kalispell Fire Department. The site lies within 1 1/2 miles of
fire station 61 and is readily serviceable by the city fire, police and ambulance
services all of which now respond to the immediately adjacent neighborhood.
Given the level of existing services available to and in place, annexation of the
property will not overburden the municipal services in place.
E
3. Distance from current city limits:
The project site is bordering city limits on its west property boundary (Ashley
Park Subdivision) thus annexation will serve to be a logical expansion of the
existing city limits.
4. 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. If annexed, the property owner will be extending
and connecting to city sewer and water at the time of development.
The attached cost of services analysis prepared for this property is for
commercial annexations. The analysis is only an estimate based on a variety of
assumptions. The analysis does not take into consideration changes in
methods of assessment and estimated costs associated with services. The
information can only be used as a general estimate of the anticipated cost of
services and revenue.
The cost to serve the land proposed for annexation is shown in the attached
cost of service analysis - Initial Annexation. The total cost of services is
estimated to be $30,233. Almost all of the cost is related to sewer and
wastewater treatment. Based on the city's taxation and assessment policies, the
property will generate approximately $32,915 in total annual revenue to the city
($28,784 in taxes and $4,131 in assessments). Based on this analysis, the
annexation will be net gain to the city of approximately $2,681. However, as
part of the development the city will collect approximately $566,494 in one-time
impact fees. The bulk of the impact fees are generated from sewer and water
services.
II. 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 R-4. The applicants are
requesting city RA-2 (Residential Apartment/Office) to accommodate the
proposed multi -family apartment for the entire 3.8 acres.
The Kalispell Zoning Regulations state that the RA-2 Zone is intended to
"provide areas for residential development including multi -family housing and
compatible non-residential uses of high land use intensity. This district would
typically serve as a buffer zone between other commercial districts and adjacent
residential areas. The location of this district depends on proximity to major
streets, arterials, and business districts. This district shall be located within or
adjacent to business corridors, shopping islands or the Central Business
District. This zoning district would typically be found in areas designated as
5
urban mixed use, high density residential and commercial on the Kalispell
Growth Policy Future Land Use Map".
1. Does the requested zone comply with the growth policy?
The land use designation of the property in the City Growth Policy 2020 is
"Urban Residential".
The proposed RA-2 Zone is consistent with the City of Kalispell Growth
Policy 2020 in the following ways:
Chapter 3, Housing:
GOAL:
"Provide an adequate supply and mix of housing that meets the needs of present
and future residents in terms of cost, type design and location".
The RA-2 Zone provides for multi -family residential, which would provide an
additional supply of housing in an area that is suspected to grow with
anticipated construction of a new elementary school. Currently, the south end
of town is lacking multi -family residential units which are a critical component
to both housing supply and affordability.
POLICY (Urban Residential):
a. "Urban residential areas shown on the plan map should be encouraged to be
developed when adequate services and facilities are available".
The subject property is adjacent to Airport Road, which is an arterial roadway,
and the Kalispell Bypass. Both of these transportation modes provide adequate
access into the development and city as a whole. Municipal services, such as
sewer mains and water mains are located within the vicinity of the property to
the south and north. These utilities will need to be extended to the property at
the time it undergoes development. The site is currently protected by the South
Kalispell Fire District and the Flathead County Sheriff's office. The applicant
has submitted a Notice of Withdrawal from Rural Fire District. At the time of
annexation, the property will be served by the Kalispell Fire Department.
Similarly, the property will be served by the Kalispell Police Department upon
annexation.
c. 'Single-family houses are the primary housing type, but duplexes, guest
houses, accessory apartments, and small dispersed areas of multi family housing
are also anticipated." The proposed RA-2 zone would provide for a dispersed
area of multi -family housing. It also provides a housing need in an area that
lacks alternative housing options other than single-family residential.
Alternative housing options will be important as the area grows with the
anticipated construction of a new elementary school directly south of the
subject property.
d. "Urban and high density residential areas should be fully served by urban
infrastructure and municipal services, including paved streets, curbs, sidewalks,
landscaped boulevards and public sewer and water."
Con
Municipal services, such as sewer mains and water mains, are located within
the vicinity of the property to the south and north. These utilities will need to
be extended to the property at the time it undergoes development. Any new
infrastructure will be installed by the applicant to the City of Kalispell
Construction and Design Guidelines.
e. "These areas should have convenient access to neighborhood business
districts, parks and elementary schools." Airport Road and the bypass provide
for convenient access into both the downtown and north end of the city. There
is a proposed elementary school approximately .10 miles to the south and Begg
Park is located approximately .2 miles to the north. Additionally, the
development provides approximately 45,566 square feet of land that could be
used for recreating and a communal gazebo/plaza area for the residents.
Recommendations:
5. "Inclusion of multi family dwellings in some areas designated as urban
residential may be appropriate depending on the character of the surrounding
neighborhoods and anticipated trends". It is anticipated the south end of
Kalispell will grow rapidly with the construction of a new elementary school,
necessitating diverse housing options, such as multi -family housing.
Additionally, multi -family residential located within the RA-2 Zone requires a
conditional use permit. Appropriate conditions may be placed on the project to
insure adequate mitigation is implemented to preserve the character of
neighboring properties.
The proposed amendment is NOT consistent with the City of Kalispell
Growth Policy 2020 in the following ways:
POLICY (Urban Residential)
b. "Typical densities are four to twelve dwelling units per gross acre."
The proposed RA-2 residential/apartment /office zone classification is the city's
most dense residential zone and provides for densities of up to 29 units/acre by
conditional use and office uses as a permitted use. These residential densities
are twice as dense as the growth policy designation of Urban Residential
anticipates. Thus on its face, the RA-2 could be found to be out of character
with the area. The RA-2 zone does require the conditional use permit process
to allow mitigation measures and design enhancements to ensure neighborhood
compatibility. In this setting, the RA-1 Residential Apartment zone would be
the multi -family zone classification expected within the Urban Residential land
use category, as it has a maximum density of approximately 15 units per acre.
This much more closely resembles 4-12 dwelling units per acre called out for in
the plan.
Allowing up to 21.5 units per acre (requested density) within the Urban
Residential land use category is not prohibited; however, the densities provided
in the Urban Residential land use category should serve as a guide for future
development. As mentioned above, there are numerous goals, policies and
recommendations within the Growth Policy that support the proposed RA-2
Zone. Ultimately, strict adherence to density projections may lead to inadequate
use of land. The project's density should be evaluated on its ability to provide
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city services and mitigate any impacts associated with the development of the
property. As stated previously, the RA-2 zone does require the conditional use
permit process to allow mitigation measures and design enhancements to
ensure neighborhood compatibility.
2. Will the requested zone have an effect on motorized and non -motorized
transportation systems?
The property is located on and has immediate access to Airport Road, an arterial
road that is part of the Kalispell Urban Aid System. This roadway has significant
capacity and provides immediate access both to the Kalispell downtown urban
area and to the Kalispell Bypass. A traffic impact study for a proposed 96 unit
apartment complex was submitted to this office as part of the original application
materials in September of this year. While this project was not approved or
constructed, it did analyze a significantly dense project (96 residential units
which is very close to the maximum of 110 units allowed by the zoning on this
site). The study evaluated all of the intersections between 18th Street and the
Kalispell Bypass, which included the intersections of 19th Street, Teal Drive,
Merganser Drive, Cemetery Road and the Kalispell Bypass. The study projected
that the 96-unit apartment project would generate 638 daily trips in the area and
that this volume of traffic would not create any additional roadway capacity
problems within the area studied. All of the intersections within the area will
continue to operate at a level of services (LOS) C or better with the additional
traffic being counted. No roadway improvements or intersection modifications
would have been necessary. Therefore, although there will be a change in the
amount of traffic in the area, the traffic study has concluded that there are no
significant traffic impacts and that the transportation system will continue to
operate at a satisfactory level.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the 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 and
fire protection, water, and sewer service will be made available to the area. The
site is 1.5 miles from fire station 61 with good response time.
4. Will the requested zone promote the public health, safety and general welfare?
The zoning classification of RA-2 will allow a significantly higher density of
housing than is now developed in the immediate neighborhood. It also would
allow the potential intrusion of office uses into a primarily single family developed
neighborhood. The conditional use permit process is available to ensure
neighborhood compatibly in the case of multi -family housing, however; office
uses are permitted outright and there are no specific opportunities to encourage
a reasonable transition between low density residential uses and more intense
office uses in the RA-2 zone.
5. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for development occurring on this
site are established in the Kalispell Zoning Ordinance to insure adequate light
and air is provided. The setbacks for the proposed RA-2 Zone are the same as
those as the neighboring R-4 Zone properties (Front=15, Rear=10, Side=S). The
RA-2 Zone does provide for slightly more height (40' vs. 35) and slightly more lot
coverage (50% vs. 45%) than the neighboring R-4 Zone properties. Ultimately,
intensive uses within the RA-2 Zone such as multi -family housing requires a
conditional use permit, at which time the impacts on light and air can be
analyzed and mitigated through conditions of approval. Other more intensive
uses such as professional offices would not necessarily have those additional
safeguards.
6. Will the requested zone promote compatible urban growth?
The RA-2 Zone (Residential Apartment/Office) allows for densities that are not
compatible with the surrounding developments when designed at the maximum
allowable densities. The RA-2 Zone allows for densities of one unit per 1,500
square feet, or approximately 110 units maximum. However, intensive uses
(such as multi -family) within the RA-2 Zone requires a conditional use permit,
at which time the impacts of the development can be analyzed and mitigated
through conditions of approval. Ultimately, strict adherence to density
projections may lead to inadequate use of land. The project's density should be
evaluated on its ability to provide city services and mitigate any impacts
associated with the development of the property.
The RA-2 Zone also provides for office - professional/governmental as a
permitted use. These uses would not require a conditional use permit, thus no
ability for there to be additional development conditions added. The applicant is
not requesting office space, however, once annexed the ability for this property
to develop as office is plausible if the multi -family project is not developed.
Although there are no additional conditions that can be implemented for office
space, there are commercial development standards for parking, screening,
landscaping, setbacks and height that would mitigate some potential impacts of
office development of the property. There would not be a public hearing process
to identify specific mitigation measures to lessen the impact to neighboring
properties other than the general standards provided for within the zoning
ordinance. The standards provided have been adequate in most cases, as there
are many instances within the city where office space abuts residential
developments.
Section 76-2-303(3)(a)(i) M.C.A., provides direction for how municipalities
should address annexations and initial zoning. It specifically states that the
proposed zoning should be comparable to the existing county zoning. The
subject property is currently county R-4 Zoning, which is a single-family duplex
zone that would accommodate up to 45 units on the property. County R-4 also
does not provide for commercial office space. A more comparable zone would be
the city R-4 Zone, or the city RA-1 Zone both of which allow a density of 55
units. In addition, neither of these zones provide for commercial office space. In
this case, an RA-1 Zone (Residential Apartment) designation possibly could be
considered as more appropriate. It still allows multi -family housing at a density
of one unit/3,000 square feet (half the maximum allowable density of the RA-2
I
Zone with a density of one unit / 1,500 square feet of lot area) but it does not
allow office uses. The RA-1 Zone is also more comparable in overall density to
the existing single family neighborhoods bordering the site. The adjacent
neighborhoods within city limits to the west are zoned R-4 Zone which allows a
similar density of one-unit/3,000 square feet, however it limits structure sizes
to single family and duplex development.
7. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services are currently available or can be provided to the property.
Development should be encouraged in areas where these services are available.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The requested RA-2 Zoning District does give consideration to the particular
suitability of the property for multi -family. The subject property being developed
as multi -family residential is located on the corner of Teal Drive and Airport
Road, an improved arterial. Airport Road will continue to carry increased traffic.
An RA-2 Zone can and does serve as a buffer between the more intense traffic
flows of an arterial road and the single-family neighborhoods to the west. In
addition, the site also serves as a buffer to the City municipal sewer plant to the
north east. Finally, with the advent of the new elementary school, multi -family
housing in this location will serve to be an asset to families with young children.
9. Does the requested zone give reasonable consideration to the character of the
district?
As mentioned previously, the general character of the area is mixed and in
transition. The primary character of the area would be single-family residential
with the Ashley Park Subdivision to the west. The area is also in transition as the
bypass has been completed allowing for unobstructed north/south access along
Airport Road. A new elementary school is proposed just south of the subject
property which will spur increased development activity in the neighborhood.
Additionally, multi -family residential located within the RA-2 Zone requires a
conditional use permit. Appropriate conditions may be placed on the project to
insure adequate mitigation is implemented to preserve the character of
neighboring properties.
10. Will the requested zone avoid undue concentration of people?
The RA-2 Zone allows for densities that are not compatible with the
surrounding developments when designed at the maximum allowable densities.
The RA-2 Zone allows for densities of one unit per 1,500 square feet, or
approximately 110 units maximum. However, intensive uses (such as multi-
family) within the RA-2 Zone requires a conditional use permit, at which time
the impacts of the development can be analyzed and mitigated through
conditions of approval. Additionally, the intensity of the uses of the property
would be in direct relationship to the availability of public services, utilities and
10
facilities as well as compliance with established design standards. The design
standards and availability of utilities would provide the infrastructure needed to
insure that there will not be an overcrowding of the land or undue concentration
of people.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the annexation will
allow the current owner access to municipal services and fully develop this lot to
an urban standard. The RA-2 Zone also gives due consideration of the suitability
of this property for the uses in the zoning district, protecting the value of
buildings on and adjacent the property.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
The RA-2 Zone provides for multi -family development. Multi -family development
should be encouraged in areas where services and facilities are available. In this
case water and sewer lines are located within a short distance of the property and
the proposal meets a present and future need for additional housing options. The
RA-2 zone also gives due consideration of the suitability of this property for the
uses in the zoning district.
III. EVALUATION OF THE CONDITIONAL USE PERMIT
This application has been reviewed in accordance with the conditional use permit
review criteria in the Kalispell Zoning Ordinance (KMC 27.33.080). 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:
1. Site Suitability:
a. Adequate Useable Space: The subject property is 3.8 acres in size and
relatively flat with some undulating topography. Although there is some
undulating landscaping topography, the entire property is developable.
b. Height, bulk and location of the building: There are three buildings
ranging from 2-3 stories tall. The southwestern building is limited to 2
stories in height. The northern most building is comprised of 2-story and
3-story construction. The 2-story units are located along the west side
with the 3-story portions being located on Teal Drive and Airport Road.
There is one small portion of this building located along the west side (as it
turn south) that is 3-story in height. It is recommended that this portion
of the building be limited to 2-story, as it is in close proximity to the
residences to the west and faces them. This recommendation would
minimize the perceived bulk of the structure and also address privacy
concerns of the neighboring residences to the west. The neighboring
residences have expressed concerns that the 10' minimum setback
coupled with 2 and 3-story multi -family structures of significant mass and
scale with second and third floor decks will significantly degrade
11
neighborhood peace and privacy. The southeastern building is 3-story and
located entirely along Airport Road. At its closest point, the buildings are
89' away from the rear property line of the residence to the west. This
setback increases to 98' at the northwest corner of the site. The space
located along the westerly property line (within the 89' setback) is reserved
for landscaping and parking. The maximum height of the proposed 3-story
apartment buildings is 38' tall, 2' shorter than the maximum height
permitted by the RA-2 Zone. The 2-story buildings are approximately 30'
tall. All of the buildings meet the required setback and lot coverage
requirements of the RA-2 Zone, as the development provides
approximately 50,000 square feet of open area on the subject property.
Staff presented the existing site plan and elevation drawings to the
Architectural Review Committee at their September 26, 2016, meeting.
The committee was generally favorable of the development and was
appreciative of the architecture, i.e. - design, colors, materials, etc.
Originally, they had mentioned that the geometry of the site seemed off
with a proposed 12-plex at the northwest end of the subject property, and
9 units at the center of the development seeming forced. However, since
their last review the site has been redesigned, the project was reduced
from 96 units to 82 units with the 12-plex being removed and the 9 units
at the center of the development being resituated.
C. Adequate Access: The subject property is adjacent to Airport Road,
which is an improved arterial roadway, and Teal Drive an improved city
street. Additionally, the intersection to the bypass is to the south
providing efficient access to the entire city. The project has two access
points, one off of Teal Drive and another off of Airport Road.
d. Environmental Constraints: There are no known environmental
constraints, such as steep slopes, streams, floodplains, or wetlands, on
the property which could affect the proposed use.
2. Appropriate Design:
a. Parking Scheme/Loading Areas: The development shall comply with the
Off -Street Parking and Design Standards as set forth in Chapter 27.24 of
the Kalispell Zoning Ordinance. For 82 units the zoning code requires 123
spaces and the applicant has provided 159, exceeding the minimum
parking requirement by 36 parking spaces.
b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards
for all outdoor lighting on commercial or residential structures. Exterior
lighting installed in conjunction with the development will be reviewed for
compliance with the zoning ordinance during site development review.
C. Traffic Circulation: A 24' wide two-way drive isle will provide access
through the development and onto both Teal Drive and Airport Road
providing adequate access and circulation.
d. Open Space: The proposed development has approximately 50,000 square
feet of area that will remain undeveloped.
12
e. Fencing/Screening/Landscaping: The site plan has provided adequate
landscaping area in regards to parking, buffering, etc. Additionally, to
ensure the property is fully landscaped and is compatible with the
surrounding neighborhood, a landscape plan shall be submitted along with
the building permit. The landscape plan shall be approved by the Parks
Department prior to issuance of the building permit.
Currently, the subject property does have an undulating landscaped berm
approximately 9' tall that functions as a buffer between the residences to
the west and Airport Road. The applicant has proposed a 6' tall landscaped
berm along the westerly property line in order to replicate this feature
(albeit closer to the residences). The landscaped berm is intended to buffer
the development from the adjacent single-family residences where there is
a proposed parking lot. As a practical matter the intent of the berm is to
limit the noise, lights, smell, etc. associated with the vehicles parked (47
parking spaces) in such close proximity to the residences. As proposed, the
landscaped berm is approximately 6' tall and 15' wide with an approximate
1:1 slope. This slope is not easily maintainable. Staff feels that a more
adequate berm would be 6' tall and at a 3:1 slope. A 6' tall berm at a 3:1
slope would adequately obscure the development from the residences and
maintain its ability to be maintained. If the berm were not properly
maintained it would become an eyesore to the residences west of the
development. A 6' berm at a 3:1 slope would significantly alter the site plan
as it would require approximately 38' of landscaped area along the west
boundary. As already mentioned, the proposed berm is only about 15' wide
with the parking immediately adjacent. A 38' berm would encroach into the
area where parking is currently proposed. The berm should also be
landscaped with bushes, shrubs, trees, and grass to further obscure the
proposed development.
f. Signage: The development shall comply with all of the sign standards as
set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. At this point
no signs are being proposed.
3. Availability of Public Services/Facilities:
a. Sewer: Sewer service will be provided by the city. The developer will be
required to pay the cost for the utility extension.
b. Water: Water service will be provided by the city. The developer will be
required to pay the cost for the utility extension.
C. Storm Water Drainage: Storm water runoff from the site shall be managed
and constructed per the City of Kalispell Construction and Design
Guidelines. Final design will be approved by Kalispell Public Works
Department prior to building permit issuance. 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.
13
Additionally, there is an existing storm water line locate along the westerly
boundary of the subject property. The storm water line is currently located
where the landscaped berm would be constructed. A berm cannot be
located on top of the storm water due to maintenance reasons. Accordingly,
staff has conditioned the project to require the applicant to provide for a 15'
easement for the storm water line. The landscaped buffer would not start
until the edge of the 15' easement, which allows for the city to maintain the
existing line. If providing the easement is not an option, the storm water
line could be relocated into another location. If the storm water line is
relocated so as to not require the 15' easement, a minimum setback should
be required between the neighboring properties to the west and the toe of
the proposed slope. The setback should be of size to accommodate all the
drainage coming off of the berm so the neighboring properties to the west
are not flooded.
d. Solid Waste: Solid waste pick-up will be provided by the city.
e. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. There is adequate access to the property from the public road
system and the buildings will be constructed to meet current building and
fire code standards. Station 61 is 1.5 miles from the site and response time
will be good.
f. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed use.
g. Streets: The primary street frontages are Teal Drive and Airport Road, both
improved city streets capable of handling the traffic anticipated from the
proposed development.
h. Sidewalks: There are existing sidewalks along the entire property frontage
of Teal Drive. The developer will need to install sidewalks along the entire
property frontage of Airport Road in accordance with the City of Kalispell
Construction and Design Guidelines.
i. Schools: This site is within the boundaries of School District #5. An impact
to the district may be anticipated from the proposed development
depending on the demographics of the residents. On average forty one
(41) students K-12 would be anticipated from 82 dwelling units.
j. Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance
requires approximately 41,000 square feet of recreational amenities for the
development based on 500 square feet of land, or equivalent value in
recreational amenity based on 82 units. There is approximately 50,335
square feet of undeveloped area, of which staff believes approximately
45,566 square feet can be considered a recreational amenity. In addition to
the 45,556 square feet of recreational amenity area, the developer is
proposing a communal gazebo area within the plaza with an approximate
value of $20,000 (500 square feet gazebo at $40 square foot). The
recreational area provided, in conjunction with a communal gazebo area
valued at approximately $20,000 dollars, the recreational amenity
requirement has been met.
14
4. Neighborhood impacts:
a. Traffic: A traffic impact study for the development was completed by Abelin
Traffic Services. The document studied the possible effects on the
surrounding road system from the multi -family project. The study
evaluated all of the intersections between 18th Street and the Kalispell
Bypass, which included the intersections of 19th Street, Teal Drive,
Merganser Drive, Cemetery Road and the Kalispell Bypass. The study
projected that the apartments would generate 638 (based off of 96 units)
daily trips in the area. Accordingly, the project will not create any
additional roadway capacity problems within the area studied. All of the
intersections within the area will continue to operate at a level of services
(LOS) C or better with the additional traffic being counted. No roadway
improvements or intersection modifications are necessary. Therefore,
although there will be a change in the amount of traffic in the area, the
traffic study has concluded that there are no significant traffic impacts
and that the transportation system will continue to operate at a
satisfactory level.
b. Noise and Vibration: The development of the property as multi -family
residential will create additional noise and vibration. Primarily the
aforementioned will be generated from automobiles. The residents most
impacted by the noise and vibration from the automobiles would be the
residences immediately adjacent the development. The site plan shows 159
parking spaces of which approximately 47 are immediately adjacent to
single-family residences to the west. The noise and vibration can be
mitigated through the construction of a 6' tall landscaped berm built at 3:1
slope. This would provide adequate height to buffer the noise and provide a
38' buffer from the neighboring properties.
C. Dust, Glare, and Heat: The use of the property as a multi -family
residential would not generate any unreasonable dust, glare, and heat
other than during construction.
d. Smoke, Fumes, Gas, or Odors: The development of the property as multi-
family residential will create additional smoke, fumes, gas and odors.
Primarily the aforementioned will be generated from automobiles. The
residents most impacted by the smoke, fumes, gas and odors from the
automobiles would be the residences immediately adjacent the
development. This issue can be mitigated through the development of the
6' tall landscaped buffer as mentioned previously.
e. Hours of Operation: As the development if for residential there will be no
hours of operation.
5. Consideration of historical use patterns and recent changes:
The property was originally owned by the developer of the Ashley Park
Subdivision to the west. The landscaping was put in place as an entry into the
subdivision. The residents of the Ashley Park Subdivision have perceived the
property was parkland, as it had been developed that way. Subdivision records
15
indicate that the subject property was never required to be parkland, even
though it was developed that way. The developer paid a park -in -lieu fee as each
phase of the Ashely Park Subdivision was developed; meeting the parkland
requirement and leaving the property open for future development.
The general character of the area is mixed and in transition. Although the land
uses in the area is mixed, the primary character of the area would be single-
family residential with the Ashley Park Subdivision to the west. The area is also
in transition as the bypass has been completed allowing for unobstructed
north/south access and a new elementary school is proposed just south of the
subject property which will spur new development.
6. Effects on property values:
The requested development could have negative impact on the immediately
adjacent single-family residences to the west of the project site. However, those
potential impacts can be mitigated through conditions of approval. The
development itself will bring considerable value to the neighborhood and
surrounding community that is in need of new development and additional
housing options.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-16-03 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the initial zoning for this property upon annexation be
RA-2 (Residential Apartment/Office).
Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt Staff Report KCU-16-05 as findings of fact and recommend to the Kalispell City
Council that the conditional use permit, be approved subject to the conditions listed
below:
CONDITIONS OF APPROVAL
General Conditions
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 of the site shall be in substantial conformance with the
submitted architectural and site plan drawings in regards to setbacks,
landscaping, parking, recreational amenity and height. In particular, the
building plans shall incorporate decks, roof pitch, colors and materials as
shown on the architectural renderings submitted.
3. Architectural renderings are required to be submitted to the Kalispell
Architectural Review Committee for review and approval prior to issuance of a
16
building permit.
4. All buildings facing or abutting the western property line shall be a maximum of
2-story construction.
5. Future sanitary sewer connections east of the subject property are unlikely due
to low-lying floodplains between Ashley Creek and Airport Road. Rather than
extending the sanitary sewer main in Teal Drive to the far east property line as
required in the City of Kalispell Design and Construction Standards, the
development may opt to extend the sewer main west in Teal Drive far enough to
provide future sewer service to lot 4C to the north of the subject property. If the
development chooses this option to meet the intent of the City of Kalispell
Design and Construction Standards, an appropriate easement for future sewer
service shall also be provided through Entryway Landscape Area "A".
6. The existing water main south of the subject property shall be extended to
connect with the existing water main in Teal Drive to form a looped connection.
7. The developer shall submit to the Kalispell Public Works Department for review
and approval a storm water report and an engineered drainage plan that meets
the requirements of the City of Kalispell Construction and Design Standards.
8. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a
proper bond has been accepted for unfinished work.
9. Sidewalks curb and gutter shall be constructed per the City of Kalispell
Construction and Design Standards within the right-of-way of Airport Road the
length of the property.
10.A minimum 15' wide unobstructed utility easement shall be provided for the
existing storm main and appurtenances running adjacent to the westerly
property line. Vehicle access shall be provided to maintenance points on the
existing storm system. The 15' easement shall be outside of the landscaped
berm as provided for in condition number 14.
11.If the storm main along the westerly property boundary is relocated, it shall be
constructed per the City of Kalispell Construction and Design Standards.
12. To ensure the traffic flow and access comply with Kalispell Design and
Construction Standards, the development shall receive Site Review Committee
approval prior to issuance of the building permit.
13. To ensure the property is fully landscaped and is compatible with the surrounding
neighborhood, a landscape plan shall be submitted along with the building
permit. The landscape plan shall be approved by the Parks Department prior to
issuance of the building permit.
14. A 6' tall landscaped berm with a 3:1 slope shall be constructed along the entire
westerly property boundary. The berm shall be landscaped with grass, trees
bushes and shrubs to form a pleasing sight obscuring visual barrier. The plan
shall be approved by the Parks Department. The toe of the berm shall be setback
17
a minimum distance from the westerly property line in order to provide for
drainage swell/feature to address storm water runoff.
15.The applicant shall provide a minimum 4' tall fence along the westerly property
line.
16. Prior to any work within the public right-of-way along Teal Drive, the
property/owner will work with the Parks Superintendent to establish tree
protection zones and file a permit for any tree removals with the Parks
Department.
17. A minimum of 500 square feet of land per unit which has recreational value, or
recreational amenities equivalent to the fair market value of 500 square feet of
land shall be provided. The landscaped berm and gazebo meet this requirement.
IN
Planning Department
201 ts` Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
ivww,kolisi2ell.com/plaiiiiiiiv,
PETITION FOR ANNE'XATION AND INITIAL ZONING
NAME OF APPLICANT:
MAIL ADDRESS: f�.en
CITY/STATE/ZIP:_ PHOt`rE: ® P
TNTE REST IN PROPERTY:
Other parties of Interest to he Notified:
m
0
m
C
m
01
PARTIES OF INTEREST: d
MAIL ADDRESS: 11e "f"
CITY/STATE/ZTP: p V fi AA 1, T On 12.0 PHONE: L06 --A t-11h - q) 92 q
TNT EREST 1N PROPERTY:,
PLEASE COMPLETE THE FOLLOWING:
Address of (fie property:
Legal Description:"'" ��""r ��• �j�
(Section, Township,
Laud in project (ac):
Current cstnnated market value :i(
at 100% build out `- 7, ner
(Lot and Block of Subdivision; Tract #)
RE
(Attach metes and bounds as Exhibit A)
,.L 11
at 50% build out r , 00 a
Is there a Rural Fire Department RSID or Bond on this property Yes No - T
If yes remaining balance is $
The present zoning of the above property is: U N 12, e -i t
The proposed zoning of the above property is; - S,
State the changed or changing conditions that make the proposed amendment necessary:
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection during the annexation process,
(A p :ear atef
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 ntent to have the property as herein described
withdrawn from the 5��%I ��4E'3�pz Ural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
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 )
ss
County of Flathead County
On this day of u before me, the undersigned, a of ry Public for
the State of Montana, pe on lly appeared known
to me to be the person whose name is subscri ed to the foregoing instrument an acknowledged
to me that he/she executed the same.
tt�SN h in thlsUAff1tlNal*MltNRbove
aotaar�yf NOTARY PUBLICforthe
State of Montana
SEAL. Residing at Kalispell, Montana
My Commission Expires
rno�P� July 14, 2018
STATE OF MONTANA )
: ss
County of Flathead County
hereunto set in y Notary Seal the day and
rritten.
Notary Public, tate of Montana
Printed Na � V� (U—
Residing
My Co ission 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:
ESTIMATED COST OF SERVICES ANALYSIS (100% Build Out Scenario)
Project Name: Ashley Lofts, LLC - 2050 Airport Road
Date 9/29/2016
Calculated By: Kalispell Planning Department
Number of acres proposed to be annexed:
Number of lots to be annexed:
Total square footage of all the lots to be annexed:
Estimated market value of property:
3.8
165,528
$7,000,000
1, COST OF SERVICES
UNDEVELOPED
ACRES
DEVELOPED ACRES
COSTIACRE
TOTAL
Fire FY16 budget $2,735,865
0
4
S 107.37
S 408-01
Police FYi6 budget $4,452,984
0
4
$ 173.33
$ 658.65
General Gov't Services (FY
budget $5,387,859)
0
4
$ 167.50
$ 636.50
Subtotal
$ 1,703.16
SERVICE
NO, OF UNITS
COST/UNIT
TOTAL
Roads Lineal feet of road to be maintained
0
$ 5.05
$
Water based on number of ERUs
12
$ 185.51
$ 2,226.12
Sewer based on number of ERUs
72
$ 168.51
$ 12,132,72
Wastewater Treatment based on number of ERUs
72
$ 227.38
$ 16,371.36
Stormwater (calculated at a impervious
surface rate of 6 ERUs/Acre)
23
$ 67.87
$ 1,561.01
Subtotal
$ 32,291.21
TOTAL ANTICIPATED COST OF SERVICE
$ 33,994,37
2, ANTICIPATED
CITY ASSESSMENT REVENUE GENERATED
Total square foota a to be annexed:
165,528
Number of lots:
1
ASSESSMENT
AVE SQ FT
FY15116 ASSESSMENT
TOTAL
Storm sewer assessment Res. 5732 :
165,528
0.00999
$ 1,653,62
Street maintenance assessment Res. 5731 :
165.528
0.0223343
$ 1,171.07
Urban forest!y assessment capped $300 2er lot Res. 5729 :
165,528
0.00171
$ 283.05
Light maintenance assessment Res. 5733 :
165,528
0.00165
$ 273.12
Average water and sewer bill
$ 750.00
$ 750.00
SUBTOTAL ANTICIPATED REVENUE FROM ASSESSMENTS PER
LOT =
$ 4,130.87
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS FROM ALL LOTS =
$ 4.130.87
3. TAX REVENUE
Estimated market value of property:
$ 7,000,000.00
NO. OF UNITS
VALUE PER PROPERTY
TOTAL
Total assessed value:
1
$ 7,000,000.00
$ 7,000,000.00
TOTAL ASSESSMENT
REAL ESTATE TAX
TAXABLE VALUE
Total taxable value:
$ 7,000,000.00
0.02
$ 140,000.00
MILLS LEVIED
TOTAL
Tax revenue for all functions based on 781.1 mill levy):
0.7811
$ 109,354.00
TOTAL_ CITY TAX REVENUE (based on 205.6 mill levy) _ $28,784.00
4. lh
PACTFEES
UNIT
QUANTITY
COST PER UNIT
Total ewer ImpactFee:
ERU
72
$ 5,757.00
$414,504.00
Total ater ImpartFee:
ERU
12
$ 12,835.00
$154,020.00
Total Storm ImpactFee:
ERU
23
$ 1,121.00
$25,783.00
Total Police Impact Fee:(Res. 57
Per Unit
96
$ 31.00
$2,976.00
,Total ire Impact Fee es. 7 5 :
Per Unit
96
$ 367.00
$35,232.00
Total Project Impact Fee =
1 $632,515.00
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $32,914.87
6. ONETIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $632,515.00
7, NET REVENUE TO THE CITY PER YEAR (ITEM 5 - ITEM 1 } $1 07g 50