H1. Reso 5839 - Ord 1798 - KisPUNNING FOR THE FUTURE
FIT (I)a`M 16 1��%1
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KA-17-04 — Annexation and Initial Zoning of RA-1 (Residential Apartment)
for Louis and Eileen Kis
MEETING DATE: October 2, 2017
BACKGROUND: A request from Louis and Eileen Kis to annex the easterly portion of a .43-acre
parcel into the city and zone that portion of land City RA-1 upon annexation. The eastern area of the
parcel is currently within the county and zoned County R-4; whereas, the western portion of the
parcel is within the city and zoned City RA-1. The annexation request and initial city zoning
classification was 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 property is located at 1541 5th Avenue East and can be
legally described as Parcel A of Certificate of Survey 4916 in the Southwest 1/4 of Section 17,
Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing September 12, 2017, to consider the
application request. Staff presented staff report KA-17-04 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 Kalispell City Council that the annexation and initial zoning request be granted.
There being no public testimony, the public hearing was closed and a motion was presented to adopt
staff report KA-17-04 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-1. Board
discussion concluded that the requested annexation and zoning was appropriate and the motion
passed unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
5839, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including
therein as an annexation certain real property described as the easterly 88.5 feet of Parcel A of
Certificate of Survey 4916 in the Southwest 1/4 of Section 17, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana.
It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1798,
an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance
1677, by zoning certain real property described as the easterly 88.5 feet of Parcel A of Certificate of
Survey 4916 in the Southwest 1/4 of Section 17, Township 28 North, Range 21 West, P.M.,M.,
Flathead County, Montana, to City RA-1 in accordance with the Kalispell Growth Policy Plan — It
2035, and to provide an effective date.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5839
Ordinance 1798
Annexation and initial zoning Staff Report KA-17-04
Minutes of the September 12, 2017, Kalispell Planning Board and Application
Materials
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5839
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 PARCEL A OF CERTIFICATE OF SURVEY #4916 IN
THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS KIS ADDITION
NO. 432; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL
ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from Louis and Eileen Kis, 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-17-04, dated August 30, 2017; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City RA-1, Residential Apartment, on approximately .43 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 Parcel A of Certificate of Survey #4916
in the Southwest Quarter of Section 17, 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.
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 2ND DAY OF OCTOBER, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1798
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 PARCEL A OF CERTIFICATE OF SURVEY #4916 IN
THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA (CURRENTLY ZONED COUNTY R-4
(RESIDENTIAL) TO CITY RA-1 (RESIDENTIAL APARTMENT)) IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Louis and Eileen Kis, the owners 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 Residential, be zoned RA-1, Residential Apartment, on
approximately .43 acres of land; and
WHEREAS, the property is located at 1541 Fifth Avenue East; and
WHEREAS, the Kis' petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-17-04, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be
zoned RA-1, Residential Apartment, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September
12, 2017, and after considering the Staff Report #KA-17-04 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; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA-1, 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 compatible to the existing neighborhood and consistent with the
Kalispell Growth Policy — Plan It 2035 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-17-04.
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
.43 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 OCTOBER, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
KIS ANNEXATION
ANNEXATION AND INITIAL ZONING OF RA-1 UPON ANNEXATION
STAFF REPORT #KA-17-04
KALISPELL PLANNING DEPARTMENT
August 30, 2017
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from Louis and Eileen Kis to annex the easterly 6,903 square feet of a 18,731 square feet parcel
into the city and zone that portion of land city RA-1 upon annexation. A public hearing has been
scheduled before the planning board for September 12, 2017, 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
A request from Louis and Eileen Kis to annex the easterly 6,903 square feet of a 18,731 square
feet parcel into the city and zone that portion of land city RA-1 upon annexation. The eastern
area of the parcel is currently within the county and zoned county R-4; whereas, the western
portion of the parcel is within the city and zoned city RA-1. Historically, city policy once
allowed for portions of properties fronting city right-of-ways to be annexed without annexing the
remainder of the parcel. Reasoning for this policy was because if the owner had no intentions of
developing the remaining portion of the property, they were not required to annex it in for tax
purposes. The owners would like to annex the remainder of the parcel into the city. The property
is currently developed with a duplex.
This report evaluates the application in accordance with state and local regulations. The
annexation request and initial city zoning classification will be reviewed in accordance with
Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the
provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The
statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell
Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are
discussed relative to the itemized criteria described by 76-2-304, M.C.A.
A. Petitioner / Owner: Louis and Eileen Kis
340 N. Foys Road
Kalispell, MT 59901
B. Location and Legal Description of Properties: The property is located at 1541 5tn
Avenue East. The area to be annexed can be legally described as the easterly 88.5 feet of
Parcel A of Certificate of Survey 4916 in the Southwest I/4 of Section 17, Township 28
North, Range 21 West, P.M.,M., Flathead County, Montana.
C. Existing Land Use and Zoning: The subject property is developed with a duplex. The
zoning of the easterly portion of the property to be annexed is county R-4 (Two family
residential) and the western portion is city RA-1 (Residential Apartment).
1
D. Proposed Zoning: The proposed zoning of the easterly portion of the property is city RA -
I, which is the same zoning of the westerly portion of the property within city limits.
E. Size: The subject property is .43 acres.
F. Adjacent Zoning:
North: City RA-1
East: County R-4
West: City RA-1
South: City RA-1 and County R-4
G. Adjacent Land Uses:
North: Single-family
East: Single-family
West: Multi -family
South: Multi -family and single-family
H. General Land Use Character:
The area is in transition from rural to high density. Much of the area was originally
developed in the county, however, over time the area has acted as an infill development area
with multi -family apartment complexes being developed in the immediate vicinity, taking
advantage of the properties access to city services.
I. Utilities and Public Services:
City water and sewer mains are both located within 5"' Avenue East at the properties
western property line.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwestern Energy
Telephone:
CenturyLink
Schools:
School District 5
Fire:
City of Kalispell
Police:
City of Kalispell
I. ANNEXATION EVALUATION
l . Compliance with the growth polices
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
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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, Infrastructure and
Public Services, contains the following goal and policy that are relevant to this particular
annexation request:
Goals:
Policy:
Work to incorporate all users of city water and sewer services into the city.
Annexation to the City of Kalispell should be required when water and sewer
services are extended to an unincorporated area to provide services for new
development.
In addition, to this 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 water and sewer mains are located within 5t' Avenue East bordering the
property on the west. The site lies approximately 1 mile from fire station 61 and is readily
serviceable by the city fire, police and ambulance services, all of which now respond to
the property since a portion of the property is within the City of Kalispell. The applicant
has submitted a Notice of Withdrawal from Rural Fire District for the portion of the
property currently within the county.
Given the level of services currently serving the majority of the property, annexation of
the remainder of the property will not overburden the municipal services in place.
3. Distance from current citv limits:
A portion of the subject property is already within city limits, thus annexation of the
easterly portion will serve to be a logical expansion of the existing city limits.
4. Cost of services:
As a majority of the subject property is in the city and developed with a duplex, the
property is already receiving city services and paying city taxes and assessments for those
services. No additional services will be provided by this annexation; however, the owner
may see a small increase in assessments based of the additional square feet of land being
brought into the city. If at anytime the property is developed with anything other than a
duplex, additional services would be addressed at that time.
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II. INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON
STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of
fact for the zone change request are discussed relative to the itemized criteria described by 76-2-
304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned
county R-4. The applicants are requesting city RA-1. The Kalispell Zoning Regulations state
that the RA-1 Zoning District is "A residential district intended to provide for urban areas for
multi -family use and compatible non-residential uses of medium land use intensity. It should be
served with all public utilities and be in close proximity to municipal services, parks, or shopping
districts. This zoning district would typically be found in areas designated as urban residential or
high density residential on the Kalispell Growth Policy Future Land Use Map."
1. Does the requested zone comply with the growth polio
The Kalispell Growth Policy Future Land Use Map designates the subject property as High
Density Residential in the western portion and Urban Residential in the eastern portion.
High Density Residential allows for forty (40) dwelling units per acre and Urban Residential
allows for twelve (12) dwelling units per acre. The Growth Policy Plan -It 2035 encourages
infill development to lessen impacts on sensitive lands and provides additional housing
opportunities where services are available. Changing the zone of the eastern portion of the
lot to RA-1 will allows for infill development of the lot to an appropriate density, and is the
appropriate zone given all the properties within city limits in the vicinity of the subject
property have the RA-1 Zone designation.
2. Will the requested zone have an effect on motorized and non -motorized transportation
systems?
The requested zone will have a small effect on motorized and non -motorized transportation
systems if the property is further developed, as the RA-1 Zoning District allows for higher
density than the current R-4 Zoning District. Although a small increase in traffic would be
anticipated, it is not anticipated the development of the site will negatively impact the
transportation system. Any development of the property that creates 300 or more vehicle trip
per day would require a traffic impact study. The traffic study evaluates the impacts the
development has on the traffic system and indicates mitigation necessary to maintain
acceptable levels of service.
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 are available to the area.
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification will promote the health and general welfare by
restricting land uses to those that would be compatible with the adjoining properties.
E
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.
6. Will the requested zone promote compatible urban growth?
The requested RA-1 Zoning District allows the property to blend into the urban
development already surrounding the property. This zoning district maintains and is
compatible with the established land use pattern in this area which is a mixture of multi-
family and single-family residential development.
7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage
schools, parks, and other public requirements?
All public services and facilities are currently serving the property. Any necessary
improvements to the public services will be defined when a development proposal is
crafted for the property.
8. Does the requested zone give consideration to the particular suitability of the property for
particular uses?
The proposed RA-1 Zoning District is consistent with the surrounding multi -family
development in the immediate vicinity. The RA-1 Zone also gives due consideration of the
suitability of this property for the permitted uses in the zoning district.
9. Does the requested zone give reasonable consideration to the character of the district?
The proposed zoning of RA-1 is consistent with the character of the area in the vicinity of
the property within Kalispell city limits, which are also located within the RA-1 Zone.
10. Will the requested zone avoid undue concentration of people?
The requested RA-1 Zone is consistent with the growth policy land use designation of High
Density Residential and Urban Residential, and surrounding city zoning district of RA-1.
The RA-1 Zoning District has a maximum density of 3,000 square feet per unit, which is an
anticipated amount of density within this area of the city.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the RA-1 Zoning District will
promote compatible and like uses on this property as are found on other properties in the
area.
5
12. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
Urban scale residential development should be encouraged in areas where services and
facilities are available. In this case water, sewer lines and city street are located
immediately west of the property. The proposed zoning is consistent with the growth
policy future land use designation and is compatible with current zoning in the immediate
area.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff
Report #KA-17-04 as findings of fact and recommend to the Kalispell City Council that the
property be annexed and the zoning for the entire property be RA-1 (Residential Apartment).
C
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
September 12, 2017
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and Zoning
CALL
Commission was called to order at 6:00 p.m. Board members present
were: Chad Graham, George Giavasis, Doug Kauffman, Ronalee Skees,
Rory Young and Steve Lorch. Christopher Yerekes was absent. Tom
Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning
Department.
APPROVAL OF MINUTES
Skees moved and Lorch seconded a motion to approve the minutes of
the August 8, 2017 meeting of the Kalispell City Planning Board and
Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT
None.
KIS ANNEXATION
A request from Louis and Eileen Kis to annex the easterly 6,903 square
feet of an 18,731 square feet parcel into the city and zone that portion of
land city RA-1 upon annexation.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department reviewed
Staff Report #KA-17-04.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-17-04 as findings of fact and
recommend to the Kalispell City Council that the property be annexed and
the zoning for the entire property be RA-1 (Residential Apartment).
BOARD DISCUSSION
Young asked if the lots behind the proposed property would be
landlocked. Nygren advised the properties are already are landlocked
and that the annexation and zoning will not change that situation, nor
keep those properties from obtaining access in the future.
PUBLIC HEARING
None.
MOTION
Kauffman moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt staff report #KA-17-04
as findings of fact and recommend to the Kalispell City Council that the
property be annexed and the zoning for the entire property be RA-1
(Residential Apartment).
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
BLOOMSTONE
A request from Kalispell National Investment Company, LLC for a
major subdivision to be known as Bloomstone Phases 2, 3, 4, 5 and 6. A
major subdivision was previously approved for Bloomstone in 2008 for
569 dwelling units on 85 acres of land. The subdivision approval for
Bloomstone in 2008 has since expired, necessitating an updated
Kalispell City Planning Board
Minutes of the meeting of September 12, 2017
Paged
application.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department reviewed
Staff Report #KPP-17-03.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report KPP-17-03 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat for
Bloomstone Phases 2-6 be approved, subject to the 27 conditions in the
staff report.
Nygren did recommend to the planning board that they consider
amending conditions 16 & 17 to state that the waterline shall be looped
through the remainder parcel, to clarify where the loop will occur.
BOARD DISCUSSION
Lorch asked about the 569 previously approved dwelling units and if that
was the maximum as the development proceeds. Nygren advised that
there is a PUD on the property and the proposed subdivision is within
allowable densities of that PUD. As the development progresses in the
future on the remainder parcel, a subdivision will submitted on that
parcel and it will be evaluated at that time for its compliance with the
PUD and associated densities.
PUBLIC HEARING
None.
MOTION
Skees moved and Kauffman seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt staff report #KPP-17-03
as findings of fact and recommend to the Kalispell City Council that the
preliminary plat for Bloomstone Phases 2-6 be approved, subject to the
27 conditions in the staff report which include amended conditions 16
and 17 recommended by staff.
BOARD DISCUSSION
Chad noted he is happy to see the project finally moving forward, Skees
agreed.
Young asked how staff plans on getting to the 2/3rds threshold when
they don't know what's going in for phases 3, 5 & 6. Nygren advised
that there is a lot of infrastructure that has already been put into place on
Treeline so it's all there and ready to go so they are not concerned at this
time.
ROLL CALL
The motion passed unanimously on a roll call vote.
KALISPELL GROWTH POLICY
A request by the City of Kalispell to amend the Kalispell Growth Policy
PLAN -IT 2035 — DOWNTOWN
Plan -It 2035 by including "The Downtown Plan" as neighborhood plan
PLAN
within the growth policy. The Downtown Plan takes a careful and
considerate look at Kalispell's historic downtown and courthouse
corridor.
MOTION TO REMOVE FROM
Lorch moved and Giavasis seconded a motion to pull the Kalispell
TABLE
Growth Policy Plan -It 2035 — Downtown Plan from the table and open
up for discussion.
Kalispell City Planning Board
Minutes of the meeting of September 12, 2017
Page12
ROLL CALL
The motion to remove from the table passed unanimously on a vote of
acclamation.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department reviewed
File #KGPA-17-02.
Nygren briefly mentioned the changes that the board wanted made at the
previous meeting on August 8, 2017 based on the public comment that
had been received. He advised there have been no additional public
comments since that time.
BOARD DISCUSSION
Lorch asked if the board needs to consider the counties recent motion of
maintaining the courthouse couplet as a four lane vs. a two lane and
possibly addressing it in the plan. Nygren added that it is addressed in
the plan and that it explains why the four lanes in staff's opinion would
be a bad idea. Jentz noted that this plan is the cities vision but that all
parties involved will be working together in the near future regarding the
Main Street improvements.
MOTION — AUGUST 8, 2017
Lorch moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission approve the Downtown Plan as
an amendment to the Kalispell Growth Policy Plan -It 2035 and authorize
the planning board president to sign Resolution #KGPA-17-02, a
resolution amending the Kalispell Growth Policy Plan -It 2035 by
approving the Downtown Plan as a neighborhood plan.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
None.
NEW BUSINESS
None.
ADJOURNMENT
The meeting was adjourned at approximately 6:31pm.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be held on
Tuesday, November 14, 2017 at 6:00 p.m. and located in the Kalispell
City Council Chambers, 201 1 st Ave East.
Chad Graham
President
APPROVED as submitted/amended:
Kari Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of September 12, 2017
Page 13
PUNNING FOR THE FUTURE
Planning Department
201 V Avenue East
Kalispell, NIT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.eom/Alannin2
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: Louis M. and Eileen D. Kis
MAIL ADDRESS: 340 N Foys Lake Road
CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406-212-7855
INTEREST IN PROPERTY: Owner
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP: PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 1541 5th Ave East, Kalispell, MT 59901
Legal Description: 5 - 19+ and specifically the eastern 88.85 ft portion 5 - 19+
(Lot and Block of Subdivision. Tract #)
Section 17, T28N R21 W
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 0.428 ac
Current estimated market value $29,885.00 at 50% build out unknown
at 100% build out unknown
Is there a. Rural Fire Department RS1D or Bond on this property Yes No X
If yes remaining balance is S N/A
The present zoning of the above property is: County, Willow Glen District, R-4
The proposed zoning of the above property is: City of Kalispell, RA-1
State the changed or changing conditions that make the proposed amendment necessary:
This property is part on a single lot 5-19+; parcel A of COS 4916. The eastern portion of the parcel is
in the county while the majority of the parcel is in the city of Kalispell. The owners desire that the
entire parcel be included into the city by annexation of the eastern portion of the parcel.
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.
zfltk�
/ '7Z1 Z-OI
(Applicant) (Date
1
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
1. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede
filing of this application. Among topics to be discussed are: the application
procedure, compatibility and compliance with the Growth Policy, and compatibility of
the proposed zoning with surrounding zoning classifications.
2. Completed application form.
3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District
form, including an Exhibit A, legal description of the property.
4. Application fee based on the schedule below and made payable to the City of
Kalispell.
Fee Schedule:
Annexation (includes initial zoning)
$250 plus $20/acre
5. A bona fide legal description of the property from a recent survey, title report or
deed which accurately describes the property to be annexed.
2
Legal Description of Property to be Annexed:
The easterly 88.5'of Parcel A as shown on C.O.S. 4916 in the 5W 114, Section 17, T28N
R21 W, P.M., M. Flathead County, Montana.
Return to:
Aimee Brunekhorst
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 South Kalispell Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to cotmect 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.
Pe' tionerlOwtler Da a ��
c-
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 -f' day of [ r' , before me, the undersigned, a Notary Public for
the State of Montana, personall appeared i!�,' ,/./^g 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 t 0 locate first NE'U&en.
NOTARY PUBUC far the
* SEAL State of Montana ary Pu tate of Montana
Residing at Kalispell, Montana printed Name ,�i�l ft l�ii�
9r�OF Moa,�y? My Commission E.�pires Resi
ding a
January 03, 2021 t !,�A1
My Commission expires:
STATE OF MONTANA ) °
: ss
County of Flathead County
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 Cotzunission expires:
CERTIFICATE
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DURABLE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That 1, Louis M. Kis of Kalispell, Montana have made, constituted and appointed, and by
these presents do make, constitute and appoint Eileen D. Kis my true lawful attorney (my agent),
for me and in my name, place and stead, to act for me with respect to the following:
(a) ask, demand, sue for, collect and receive all sums of money, dividends, interest, pay-
ments on account of debts and legacies, and all property now due or which may hereafter
become due and owing to me, and give good and valid receipts and discharges for such
payments;
(b) sell, assign and transfer stocks and bonds and securities standing in my name or be-
longing to me;
(c) buy and sell property of all kinds in my name and for my account and at such prices
as shall seem good to her;
(d) sign, execute, acknowledge and deliver in my name all transfers and assignments of
securities;
(e) sign and execute IRA Designation or Change of Beneficiary Forms, custodial account
agreements and other agreements pertaining to my IRAs;
(f) borrow money and to pledge securities for such loans if in the judgment of my attor-
ney such action should be necessary;
(g) consent in my name to reorganizations and mergers, and to the exchange of securities
for new securities;
(h) manage real property, to sell, convey and mortgage realty;
(i) foreclose mortgages and to take title to property in my name if she thinks proper;
0) execute, acknowledge and deliver deeds of real property, mortgages, releases, satisfac-
tions, and other instruments relating to realty which she considers necessary, wherever
such property is situated;
(k) place and effect insurance;
(1) do business with banks and particularly to endorse all checks and drafts made payable
to my order and collect the proceeds;
(m) sign my name on checks on all accounts standing in my name, and to withdraw funds
from said accounts, to open accounts in my name or in her name as my attorney -in -fact;
(n) have access to, and remove the contents from, or add to the contents of, any and all
safe deposit boxes standing in my name;
(o) make such payments and expenditures as may be necessary in connection with any of
the foregoing matters or with the administration of my affairs:
(p) prepare, execute and file income and other tax returns, and other governmental re-
ports, applications, requests and documents;
(q) make annual gifts to charitable, religious, educational, public and governmental or-
ganizations and to herself and to any one (1) or more of my relatives and friends; provid-
ed, however, the gifts to each individual donee for any calendar year shall not exceed the
amount by which the annual gift tax exclusion available to me under federal gift tax law
(Internal Revenue Code Section 2503(b) ) for such donee exceeds prior gifts to such do-
nee during such calendar year in which I am the donor. I have and will further discuss
with my attorney -in -fact my wishes in that regard;
(r) exercise on my behalf the power to disclaim gifts, devises or transfers of any kind
made to me within the meaning of Section 215 of the U.S. Internal Revenue Code of
1986 and as amended, and within the meaning of the renunciation of succession provision
of Section 72-2-101, M.C.A., as amended, governing succession of property;
HEREBY GIVING AND GRANTING to ("each of" or "any one") my attorney(s) full
power and authority to do and perform all and every act and thing whatsoever necessary to be
done in the premises, as fully to all intents and purposes, as I might or could do if personally pre-
sent, with full power of substitution and revocation, hereby ratifying and confinning all that my
said attorney may do pursuant to this power. The above grant is also general authority to act for
me with respect to the following list as defined in the Uniform Power of Attorney Act, Title 72,
Chapter 31, Part 3:
Real Property Estates, Trusts, and Other Beneficial Interests
Tangible Personal Property Claims and Litigation
Stocks and Bonds Personal and Family Maintenance
Commodities and Options Benefits from Governmental Programs or civil or
Banks and Other Financial institutions military Service
Operation of Entity or Business Retirement Plans
Insurance and annuities Taxes
In the event Eileen D. Kis shall be unable or unwilling to act as my attorney -in -fact as set
forth herein, or shall be disabled or incompetent, I then hereby designate Monika R. Schulze,
Angela Schulze and Michael R. Schulze as attorneys -in -fact to exercise the powers set forth
herein.
This Power of Attorney is effective immediately and shall not be affected by disability or
incapacity of the principal or lapse of time. ,,, /'
IN WITNESS WHEREOF, I have hereunto set my hand and seal on April � 2014.
STATE OF MONTANA
ss.
County of Flathead
Louis M. Kis
On April /�/_ 2014 before me, the undersigned, a Notary Public for the State aforesaid,
personally appeared Louis M. Kis known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate last above written.
C. MARK HASH
NOTARY PUBLIC for the
State of MontanaResidivng at Kalispell, Montana
aML
Mark Rash
ommission Expires
ha 47 nnYc
Attorney -in -Fact Angela Schultze, Attorney -in -Fact
Monika R. Schulze, Attorney -in -Fact Michael R. Schultze, Attorney -in -Fact