The URL can be used to link to this page

I1. Isackson Growth Policy & Zoning - Reso 5920A, B, C and Ord 1825PLANNING FOR THE FLrrURE REPORT TO: FROM: SUBJECT: MEETING DATE: hi 1 KIM1 Doug Russell, City Manager Jarod Nygren, Senior Planner Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin,a Resolution 5920A, B, and C - KGPA-19-01 - Resolution of intention to adopt, revise, or reject Isackson growth policy amendment May 20, 2019 BACKGROUND: A request has been submitted by Meridian Group Associates, LLC for a growth policy amendment and zone change on 5.79-acres of land. The growth policy amendment and zone change are being requested in order to allow for the expansion of the existing UPS facilities located at 1151 N. Meridian Road. The applicants have applied for an amendment to the Kalispell Growth Policy Future Land Use Map on 5.79-acres from "Urban Residential" to "Urban Mixed Use." The subject property is currently designated as "Urban Residential" on the majority of the 5.79-acres. The amendment request is to change the 5.79-acres from "Urban Residential" to "Urban Mixed Use" to accommodate the expansion of an existing I-1 Zone encompassing the existing UPS facilities, and RA-2 Zone encompassing the residential properties to the south. The subject property is generally located at the east side of the intersection of N. Meridian Road and Three Mile Drive. The subject property can be described as Tracts 1, 2, 3 and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. A more particular description of the application requests is below: The Kalispell City Council, at their meeting on April 15, 2019 and May 6, 2019 held public hearings on the proposed amendment in accordance with Section 76-1-604, M.C.A. During the public comment portion of the hearing on May 6th, the applicant's representative spoke in favor of the request. There being no further public comment the public hearing was closed. RECOMMENDATION: It is recommended that the Kalispell City Council make a motion to approve Resolution 5920A, a resolution amending the Kalispell Growth Policy Future Land Use Map from Urban Residential to Urban Mixed Use on 5.79-acres of land described as Tracts 1, 2, 3 and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 5920A, B, C March 12, 2019, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Resolution No. KGPA-19-01 Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 5920A A RESOLUTION ADOPTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON 5.79-ACRES OF LAND LOCATED ON THE EAST SIDE OF THE INTERSECTION OF NORTH MERIDIAN ROAD AND THREE MILE DRIVE, MORE PARTICULARLY DESCRIBED AS TRACTS 1, 2, 3, AND 4 OF COS 17512 OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "URBAN RESIDENTIAL" TO "URBAN MIXED USE". WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy — Plan It 2035 was adopted by the Kalispell City Council on July 3, 2017; and WHEREAS, Meridian Group Associates, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 5.79-acres at the intersection of North Meridian Road and Three Mile Drive from "Urban Residential" to "Urban Mixed Use" to accommodate the expansion of an existing I-1 zone encompassing the existing UPS facilities and RA-2 zone encompassing the residential properties to the south; and WHEREAS, the property is situated at the intersection of North Meridian Road and Three Mile Drive and is more particularly described as Tracts 1, 2, 3, and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on March 12, 2019, the Kalispell City Planning Board held a duly noticed public hearing on the request in which it received public comment and reviewed Kalispell Planning Department report #KGPA-19-01 that evaluated the proposal based upon the goals and objectives of the Growth Policy and current circumstances in the planning jurisdiction; and WHEREAS, at the conclusion of the public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report #KGPA-19-01 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on April 1, 2019 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5914, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy — Plan It 2035 and called for a public hearing to be held on April 15, 2019 and May 6, 2019; and WHEREAS, on April 15, 2019 and May 6, 2019 the Kalispell City Council, after due and proper notice, held a public hearing on the Meridian Group Associates, LLC request and received one (1) oral public comment regarding the application and the Kalispell Planning Department report #KGPA-19-01; and WHEREAS, upon consideration of the recommendation of the Kalispell Planning Board and all other evidence in the public record, the Kalispell City Council finds that it is in the best interest of the City to amend the Kalispell Growth Policy — Plan It 2035 by adopting, as its findings, Kalispell Planning Department report #KGPA-19-01, and to amend the designation of the above described property described as Tracts 1, 2, 3, and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana from "Urban Residential" to "Urban Mixed Use" in the Growth Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the Kalispell City Council hereby adopts as an amendment to the Kalispell Growth Policy — Plan It 2035, the designation of property described as Tracts 1, 2, 3 and 4, of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana from "Urban Residential" to "Urban Mixed Use" in the Growth Policy as fully described in Kalispell Planning Department report #KGPA- 19-01 attached hereto and incorporated fully herein by this reference. SECTION 2. This Resolution shall become effective immediately upon its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF MAY, 2019. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk RESOLUTION NO. 5920B A RESOLUTION REVISING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON 5.79-ACRES OF LAND LOCATED ON THE EAST SIDE OF THE INTERSECTION OF NORTH MERIDIAN ROAD AND THREE MILE DRIVE, MORE PARTICULARLY DESCRIBED AS TRACTS 1, 2, 3, AND 4 OF COS 17512 OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "URBAN RESIDENTIAL" TO "URBAN MIXED USE". WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy — Plan It 2035 was adopted by the Kalispell City Council on July 3, 2017; and WHEREAS, Meridian Group Associates, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 5.79-acres at the intersection of North Meridian Road and Three Mile Drive from "Urban Residential" to "Urban Mixed Use" to accommodate the expansion of an existing I-1 zone encompassing the existing UPS facilities and RA-2 zone encompassing the residential properties to the south; and WHEREAS, the property is situated at the intersection of North Meridian Road and Three Mile Drive and is more particularly described as Tracts 1, 2, 3, and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on March 12, 2019, the Kalispell City Planning Board held a duly noticed public hearing on the request in which it received public comment and reviewed Kalispell Planning Department report #KGPA-19-01 that evaluated the proposal based upon the goals and objectives of the Growth Policy and current circumstances in the planning jurisdiction; and WHEREAS, at the conclusion of the public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report #KGPA-19-01 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on April 1, 2019 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5914, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy — Plan It 2035 and called for a public hearing to be held on April 15, 2019 and May 6, 2019; and WHEREAS, on April 15, 2019 and May 6, 2019, the Kalispell City Council, after due and proper notice, held a public hearing on the Meridian Group Associates, LLC request and received one (1) oral public comment regarding the application and the Kalispell Planning Department report #KGPA-19-01; and WHEREAS, the Kalispell City Council finds that it is in the best interest of the City to amend the Kalispell Growth Policy — Plan It 2035, and revise the recommendations of the City Planning Board by adopting as its findings the following: WHEREAS, in all other respects, not inconsistent with the above, the Council adopts the Kalispell Planning Department report #KGPA-19-01 as its findings of fact, and further finds that it is in the best interests of the City to adopt said revised amendment to the Kalispell Growth Policy — Plan It 2035 consisting of amending the designation of the above described property from Urban Residential to in the Growth Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the Kalispell City Council hereby adopts as an amendment to the Kalispell Growth Policy — Plan It 2035, the designation of property described as Tracts 1, 2, 3, and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana from "Urban Residential" to " " in the Growth Policy as fully described in Kalispell Planning Department report #KGPA- 19-01 attached hereto and incorporated fully herein by this reference. SECTION 2. This Resolution shall become effective immediately upon its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF MAY, 2019. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk RESOLUTION NO. 5920C A RESOLUTION REJECTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON 5.79-ACRES OF LAND LOCATED ON THE EAST SIDE OF THE INTERSECTION OF NORTH MERIDIAN ROAD AND THREE MILE DRIVE, MORE PARTICULARLY DESCRIBED AS TRACTS 1, 2, 3, AND 4 OF COS 17512 OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "URBAN RESIDENTIAL" TO "URBAN MIXED USE". WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy — Plan It 2035 was adopted by the Kalispell City Council on July 3, 2017; and WHEREAS, Meridian Group Associates, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 5.79-acres at the intersection of North Meridian Road and Three Mile Drive from "Urban Residential" to "Urban Mixed Use" to accommodate the expansion of an existing I-1 zone encompassing the existing UPS facilities and RA-2 zone encompassing the residential properties to the south; and WHEREAS, the property is situated at the intersection of North Meridian Road and Three Mile Drive and is more particularly described as Tracts 1, 2, 3, and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on March 12, 2019, the Kalispell City Planning Board held a duly noticed public hearing on the request in which it received public comment and reviewed Kalispell Planning Department report #KGPA-19-01 that evaluated the proposal based upon the goals and objectives of the Growth Policy and current circumstances in the planning jurisdiction; and WHEREAS, at the conclusion of the public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report #KGPA-19-01 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on April 1, 2019 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5914, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy — Plan It 2035 and called for a public hearing to be held on April 15, 2019 and May 6, 2019; and WHEREAS, on April 15, 2019 and May 6, 2019 the Kalispell City Council, after due and proper notice, held a public hearing on the Meridian Group Associates, LLC request and received one (1) oral public comment regarding the application and the Kalispell Planning Department report #KGPA-19-01; and WHEREAS, the Kalispell City Council finds that it is not in the best interest of the City to amend the Kalispell Growth Policy — Plan It 2035, as recommended by the Kalispell City Planning Board, said proposed amendment consisting of amending the designation of 5.79 acres of land from "Urban Residential" to "Urban Mixed Use" in the Growth Policy for the following reasons: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the Kalispell City Council hereby rejects the amendment that was the subject of the Kalispell Planning Department report #KGPA-19-01 and recommended by the City Planning Board to the Kalispell Growth Policy — Plan It 2035. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF MAY, 2019. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk PLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT: MEETING DATE: MONT"A Doug Russell, City Manager 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 KZC-19-01 — Isackson zone change request May 20, 2019 BACKGROUND: A request has been submitted by Meridian Group Associates, LLC for a zoning map amendment on 5.79-acres of land. The amendment is being requested in order to allow for the expansion of the existing UPS facilities located at 1151 N. Meridian Road. The amendment would rezone the subject 5.79-acre property from the existing R-3 Zone to I-1 and RA-2 Zones. The I-1 zone change request would expand an existing I-1 Zone encompassing the existing UPS facilities to the south, allowing for the expansion of those facilities. Likewise, the zone change to RA-2 would expand an existing RA-2 Zone north, eliminating a majority of the existing R-3 Zone island. The zone change request was reviewed in accordance with Chapter 27.29 of the Kalispell Zoning Ordinance. The I-1 Zone change is being requested for Tracts 1 and 2 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The RA-2 Zone change is being requested for Tracts 3 and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Planning Board held a duly noticed public hearing March 12, 2018, to consider the application request. During the public comment portion of the hearing, the applicant spoke in favor of the request. There being no further public comment, the hearing was closed. Board discussion concluded that the request was appropriate and they unanimously recommended to the Kalispell City Council that the zone change request be approved. RECOMMENDATION: It is recommended that the Kalispell City Council approve Ordinance 1825, an ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Tracts 1 and 2 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana to city I-1 and Tracts 3 and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana to city RA-2, in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1825 March 12, 2019, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1825 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS TRACTS 1, 2,3 AND 4 OF COS 17512 IN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, RESIDENTIAL) TO 1-1 (INDUSTRIAL) AND RA-2 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Meridian Group Associates, 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 be zoned 1- 1, Industrial, and RA-2, Residential Apartment/Office, on approximately 5.79 acres of land; and WHEREAS, the property is located at 1151 North Meridian Road; and WHEREAS, Meridian Group Associates' petition was the subj ect of a report compiled by the Kalispell Planning Department, Staff Report #KZC-19-01, dated February 28, 2019, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned 1- 1, Industrial, and RA-2, Residential Apartment/Office, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described 1- 1, Industrial, and RA-2, Residential Apartment/Office, the City Council finds such initial zoning to be 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 findings of fact of KPD as set forth in Staff Report No. KZC-19-01. 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 I-1, Industrial, and RA-2, Residential Apartment/Office, on approximately 5.79 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 be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 3RD DAY OF JUKE, 2019. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING March 12, 2019 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Doug Kauffman (acting president), Kurt Vomfell, Joshua Borgardt, Rory Young & George Giavasis. Ronalee Skees & Chad Graham were absent. Jarod Nygren and Tom Jentz represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Giavasis seconded a motion to approve the minutes of the February 12, 2019 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. KGPA-19-01 & KZC-19-01 A request has been submitted by Meridian Group Associates, LLC for a growth MERIDIAN GROUP/UPS GROWTH policy amendment and zone change on 5.79-acres of land. The growth policy POLICY AND ZONE CHANGE amendment and zone change are being requested in order to allow for the expansion of the existing UPS facilities located at 1151 N. Meridian Road. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report #KGPA-19-01 & KZC-19-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-19-01 and recommend that the Kalispell Growth Policy Future Land Use Map be amended from Urban Residential to Urban Mixed Use on the entire property. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KZC-19-01 as findings of fact and recommend to the Kalispell City Council that the subject property zoned R-3 (Residential) be rezoned to RA-2 (Residential Apartment) and I-1 (Light Industrial). BOARD DISCUSSION Young asked about the zoning of lot 613V to the east; and why it was not a part of the proposed zone change. Nygren advised that it is something the city may look at in the future because it is a logical extension of the RA-2 zone, however, was not considered at this time because the property is in separate ownership (Charter Communications). PUBLIC HEARING Eric Mulcahy — 2 Village Loop — technical assistance for applicant — offered to answer any questions the board might have. MOTION (KGPA-19-01) Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission approve Resolution #KGPA-19-01, a resolution amending the Kalispell Growth Policy Future Land Use Map from Urban Residential to Urban Mixed Use on the entire property. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION (KCZ-19-01) Young moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-19-01 as findings of fact and recommend to the Kalispell City Council that the subject property zoned R-3 (Residential) be rezoned to RA-2 (Residential Apartment) and I-1 Kalispell City Planning Board Minutes of the meeting of March 12, 2019 Pagel (Light Industrial). BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. KGPA-19-02 A request from the Kalispell City Planning Department to amend the Kalispell MAJESTIC/FRICKE GROWTH Growth Policy Future Land Use Map. The requested amendment would include POLICY AMENDMENT expanding the annexation boundary north and designate future land uses for those properties being included within the annexation boundary. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report #KGPA-19-02. Staff outlined the proposed changes including the existing land uses, annexation boundary and highway corridor and the proposed land uses, annexation boundary and highway corridor. Nygren advised the board that the owner of the property to the northeast, Mr. Fricke, had looked at the proposal and is requesting an Urban Mixed Use designation along his property to mirror the Majestic property. Fricke would also like the city to consider expanding the annexation boundary around an additional 80-acres located further to the northeast. He feels the Urban Mixed Use Land Use would give a future developer more options to be creative with a project. Staff feels this would be a good fit considering the property will develop with a PUD, allowing for the entire property to be master planned. Commercial is also consistent with the existing commercial county zoning on the property. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report # KGPA-19-02, a resolution amending the Kalispell Growth Policy Future Land Use Map to include an additional 240-acres, applying future land use designations of Neighborhood Commercial (16-acres), High Density Residential(14-acres), Urban Mixed Use (70-acres) and Suburban Residential (140-acres), expanding the annexation boundary to incorporate this area and extending the highway entrance corridor to the northern boundary of the Kalispell Growth Policy Future Land Use Map. BOARD DISCUSSION Board discussed the requested amendment of designating a portion of the Fricke property to Urban Mixed Use. Giavasis had some reservations about allowing additional commercial along the highway; however, discussion amongst the board felt it would allow for higher density and more flexibility on the entire site. Vomfell feels it would act as an appropriate buffer along the highway. There was also discussion about including the additional 80-acres. Staff informed the board that at this time our facility plans had not considered that property. The board felt that at this time it was premature to include the additional property within the proposed amendment. PUBLIC HEARING None. MOTION (ORIGINAL) Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Resolution # KGPA-19-02, a resolution amending the Kalispell Growth Policy Future Land Use Map to include an additional 240-acres, applying future land use designations of Neighborhood Commercial (16-acres), High Density Residential(14-acres), Urban Mixed Use (70-acres) and Suburban Residential (140-acres), expanding the annexation boundary to incorporate this area and extending the highway entrance corridor to the northern boundary of the Kalispell Growth Policy Future Land Use Map. Kalispell City Planning Board Minutes of the meeting of March 12, 2019 Page12 BOARD DISCUSSION None. MOTION (AMENDED) Vomfell moved and Borgardt seconded a motion to amend KGPA-19-02 by including an Urban Mixed Use designation, extending from the Neighborhood Commercial land use POD northerly along Highway 93 to the north end of Fricke's property at a depth of 750 feet (30-acres) measured from the centerline of Highway 93. BOARD DISCUSSION None. ROLL CALL (AMENDED MOTION) The motion passed unanimously on a vote of acclamation. ROLL CALL (ORIGINAL MOTION) The motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the zoning text amendments, which have been approved by the city council. NEW BUSINESS Nygren updated the board on agenda items for April 9, 2019 meeting. ADJOURNMENT The meeting adjourned at approximately 6:52pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, April 9, 2019 at 6:00 p.m. and is located in the Kalispell City Council Chambers, 201 let Ave East. Doug Kauffinan Vice President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of March 12, 2019 Page13 ISACKSON REQUEST FOR A PLANNED ZONE CHANGE STAFF REPORT #KZC-19-01 REQUEST FOR GROWTH POLICY AMENDMENT STAFF REPORT #KGPA-19-01 KALISPELL PLANNING DEPARTMENT February 28, 2019 This is a report for the Kalispell City Planning Board and the Kalispell City Council regarding a request from Meridian Group Associates, LLC for a growth policy amendment and zone change on 5.79-acres of land. A public hearing has been scheduled before the planning board for March 12, 2019, 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. A. Petitioner and Owners: Meridian Group Associates, LLC 940 Emmert Ave, Suite 200 Belmont, CA 94002 Technical Assistance: Sands Surveying and Planning 2 Village Loop Kalispell, MT 59901 B. Background Information: A request has been submitted by Meridian Group Associates, LLC for a growth policy amendment and zone change on 5.79- acres of land. The growth policy amendment and zone change are being requested in order to allow for the expansion of the existing UPS facilities located at 1151 N. Meridian Road. A more particular description of the application requests is below: • Growth Policy Map Amendment - The applicants have applied for an amendment to the Kalispell Growth Policy Future Land Use Map on 5.79-acres from "Urban Residential" to "Urban Mixed Use." The subject property is currently designated as "Urban Residential" on the majority of the 5.79-acres. The amendment request is to change the 5.79-acres from "Urban Residential" to "Urban Mixed Use" to accommodate the expansion of an existing I-1 Zone encompassing the existing UPS facilities, and RA-2 Zone encompassing the residential properties to the south. See figure below: 1 i R Growth Polley Future Land use '4 Commerc a luau Mir" Neighbcxhhod Commercial industrial Urban Mixed Use bb High Density Residenttal Urban Residenlial Suburban Residential . City Airport, Government . n�. Facilrty n.r�.. ins.....: n.. u.. • Zone Change - The applicants have applied for a zone change of the 5.79-acre property from the existing City R-3 Zone to City I-1 and RA-2 Zones. The I-1 Zone change is being requested for Tracts 1 and 2 of COS 17512. The RA-2 Zone change is being requested for Tracts 3 and 4 of COS 17512. The I-1 Zone change request would expand an existing I-1 Zone encompassing the existing UPS facilities to the south, allowing for the expansion of those facilities. The zone change to RA-2 would expand an existing RA-2 Zone north, eliminating the existing R-3 Zone island. The zone change request will be reviewed in accordance with Chapter 27.29 of the Kalispell Zoning Ordinance. See figure below: E C. Location and Legal Description of Property: The subject property is generally located at the east side of the intersection of N. Meridian Road and Three Mile Drive. The subject property can be described as Tracts 1, 2, 3 and 4 of COS 17512 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. D. Existing Zoning: The subject property is currently zoned R-3 (Residential). The Kalispell Zoning Regulations state that the intent of the R-3 zoning district is "to provide areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." E. Proposed Zoning: The applicants have applied for a zone change from the existing City R-3 Zone to City I-1 and RA-2 Zones. The I-1 Zone change is being requested for Tracts 1 and 2 of COS 17512 and can be described as follows: "An industrial district intended to provide areas for light industrial, research and technology. The uses would typically not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.), which extend beyond the lot lines. This zoning district would typically be restricted to areas designated as industrial on the Kalispell Growth Policy Future Land Use Map." The RA-2 Zone change is being requested for Tracts 3 and 4 of COS 17512 and can be described: "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." The I-1 Zone change request would expand an existing I-1 Zone encompassing the existing UPS facilities to the south, allowing for the expansion of those facilities. The zone change to RA-2 would expand an existing RA-2 Zone north, eliminating the existing R-3 Zone island. F. Existing Land Use: The subject property is currently undeveloped grasslands 3 with some large mature trees. The land is mostly level along the western boundary, as the property gets near U.S. 93 along the eastern boundary there is a steep slope until it meets grade with U.S. 93. G. Adjacent Land Uses: North: UPS facilities East: U.S. 93 South: Vacant land, single-family, office and multi -family West: Convenience store/gas station and Meridian Road H. Adjacent Zoning: North: City I-1 East: City H-1 (on east side of highway at higher elevation) South: City RA-2 West: City B-1 I. General Land Use Character: The general land use category of the area can be described as commercial; however, the best way to categorize the development along Meridian Road is haphazard as far as zoning and land use pattern. Land uses range from a few industrial uses, single-family, multi- family and commercial. The immediate area can be considered ripe for infill development, as the subject property is undeveloped and sandwiched between an existing industrial facility (UPS) to the north, multi -family development to the south, gas station/Meridian Road to the west and U.S. 93 to the east. The proposal would eliminate an existing R-3 Zone by expanding an existing I- 1 Zone to the south. The zone change to RA-2 would expand an existing RA-2 Zone to the north. The proposed changes would eliminate an existing R-3 Zone, which is low -density single-family and is not the appropriate zone given the surrounding development. J. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: Private contractor Electricity: Flathead Electric Cooperative Gas: Northwestern Energy Telephone: CenturyTel Schools: School District #5, Russel Elementary Fire: City of Kalispell Police: City of Kalispell F1 I. EVALUATION OF THE GROWTH POLICY AMENDMENT The evaluation and review of growth policy amendments follows the public interest criteria. The Growth Policy Plan -It 2035 is used to provide a general and comprehensive outline of community goals and expectations about where and how the subject property should develop. The following criteria for evaluation are as follows: • Changes in circumstances that warrant the amendment; • Growth Management; • Land Use: Housing/Business and Industry; • Natural Environment; • Community and Recreation Facilities; and • Public infrastructure and services. The Growth Policy Future Land Use Map depicts the subject property as primarily Urban Residential with a small strip of Urban Mixed Use along Meridian Road. The applicant is requesting a growth policy amendment for the portion of the property that is Urban Residential be changed to Urban Mixed Use. Urban Residential is defined as residential neighborhoods developed at densities not to exceed 12 dwellings per acre on an overall site basis. An integrated development plan within a suburban neighborhood could include single family down to 2,500 square feet, duplexes and triplexes, townhomes and limited mixed uses. Urban Mixed Use typically embraces the following concepts as provided in the Kalispell Growth Policy. a. Encourages the development of compact, centrally located service and employment areas that provide easy connections between existing commercial and residential neighborhoods. b. A complete system of pedestrian and bike paths is important in mixed -use areas. C. Expand the depth of urban highway commercial areas as mixed -use corridors, in order to provide an alternative to linear commercial development, concentrate more intensive uses along traffic arterials, improve business district circulation and transportation efficiency areas, by secondary street access, provide flexibility for larger development sites, and expand small business opportunities. d. Within these corridor areas, provide for higher -intensity, mixed -use areas roughly two blocks on both sides of urban highways. As distance from the highway increases, create a gradual transition into the residential neighborhoods by encouraging multi -family, offices and other 5 compatible uses as a transition tool with sensitivity to compatible design. e. Avoid encroachment into established, intact residential areas. f. Allow a compatible mix of higher -intensity uses including office as well as some commercial and light industrial; medium and high -density residential and public facilities. The proposed plan amendment will be considered in the context of the current Kalispell Growth Policy Plan -It 2035, as well as current and future development trends for the area. A. Has there been a change of circumstances under which the proposed plan amendment is being made that warrants its consideration? The Kalispell Growth Policy is a useful tool in providing guidance to the community, developers, decision makers and staff when anticipating growth trends and expansion of the city limits. However, although there has been recent upgrades in the text of the Kalispell Growth Policy, there has not been significant review of the Kalispell Growth Policy Future Land Use Map on the Meridian Road for 24 years. In the last 24 years there have been a number of infrastructure improvements and development patterns in the area have changed in the following ways: 1. City water mains have been installed within Meridian Road increasing the capacity for additional development. 2. Meridian Road has been upgraded to a four lane road with center turn lane providing for additional roadway capacity. Additionally, Meridian Road was installed with sidewalks providing for pedestrian accessibility into the area. 3. The bypass has been completed with on and off ramps to Three Mile Drive, which provides a direct route to the subject property. 4. A new signalized intersection has been constructed at the Three Mile Drive/Meridian Road intersection as part of the Meridian Road upgrade. This will allow the subject property to have a controlled access onto Meridian Road. The changes occurring in this immediate neighborhood coupled with the changes and improvements to the transportation system which will allow convenient access to this site create a changed and improved environment for Urban Mixed Use on the entire property. The infrastructure projects in the area were not in place when the growth policy and accompanying map were adopted. The extension infrastructure projects in this neighborhood support the requested amendment. B. Does the proposed plan amendment further the overall goals and objectives of the growth policy when considering the specific elements of the plan? Growth Management: 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. The changes to the Kalispell Growth Policy Future Land Use Map from Urban Residential to Urban Mixed Use can be supported by the following goals and policies contained in the Kalispell Growth Policy Plan -it 2035: Chapter 1, The Economy, Goal 2 states, "monitor the growth trends within the valley in order to be in tune with the changing economy. " The valley is growing and the subject property is located in an ideal location for iniill growth. The existing land use designation of Urban Residential does not encourage the highest and best use of the property, as it does not take full advantage of the existing infrastructure and would provide for low - intensity residential which would be a conflicting land use with the existing developments adjacent the property. Chapter 3, Community Growth and Design, Goal 2 states, "to encourage housing types that provide housing for all income sectors and income levels within the community." The proposed land use change to Urban Mixed Use allows for a greater diversity of housing options, including multi -family, detached single-family and attached single-family providing a broad spectrum of housing options. Chapter 4 - Business and Industry, Goal 3, states, "Provide adequate areas within the community for commercial and industrial development that meets the needs of present and future businesses in terms of cost, type, design and location. " The proposed land use amendment would allow for the potential expansion of the existing UPS facilities, currently located at the intersection with direct access to the bypass in order to serve the valley's needs. Chapter 4 - Housing, Goal 1 of the Kalispell Growth Policy states, "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 requested land use change of Urban Mixed Use to the property provides 7 a potential mix of housing types to meet the needs of present and future residents. Likely, the land use will result in the construction of more multi- family housing, similarly to what is constructed to the immediate south of the subject property. The Urban Mixed Use land use designation would be an extension of existing Urban Mixed Use land use to the north and also along Meridian Road. The land use change would allow for the future extension of the existing developments to the north and south. Land Use: The location of the requested growth policy amendment is currently undeveloped grasslands. Future conversion of this area from undeveloped grasslands to Urban Mixed Use is unavoidable with the changing landscape. General goals and polices of the growth policy encourage the orderly development in the growth policy area with space for future expansion while ensuring compatibility of adjacent land use. The requested growth policy amendment would change the existing Urban Residential land use categories to allow for a combination of commercial, light industrial and high density residential. This land use designation change is a reasonable request due to how the neighboring properties have developed and completion of infrastructure projects including; signalization of Meridian Road/Three Mile Drive, Meridian Road improvements, water service lines and bypass completion. All of the infrastructure improvements have dramatically changed the landscape of the area. Business and Industry: Chapter 4 - Business and Industry Goal 1 states, "encourage the development and growth of prosperous commercial and industrial districts, each with a viable mix of business, suitable infrastructure, and coordinated development pattern that reduces business costs and increases business opportunities." As mentioned previously, the proposed land use amendment would allow for the potential expansion of the existing UPS facilities, currently located at the intersection with direct access to the bypass in order to serve the valley's needs. Natural Environment: The natural environment is an important part of what makes a neighborhood or community an appealing place to live, which may be jeopardized as growth occurs. Various key sectors of the area's economy depend on and impact the natural environment. In this case, the proposed land use change would not have an effect as the subject property is completely within an urban area, surrounded by existing development. However, it is possible that the proposed change will allow for infill development, further reducing the demand for development on the fringes of the city. Community and Recreational Facilities: Community recreational facilities will not be effected by the proposed land use change. Any development that happens on the site will be reviewed at time of building permit, and the appropriate W recreational amenity standards will be placed on a development at that time, if applicable. Infrastructure and Public Services: Infrastructure and the provisions of public services is one of the highest priority issues for service providers in the growth policy area. Adequate provisions of services for new development in both the rural and urban areas are important considerations when considering planning for future land uses. Chapter 9, Public Infrastructure Services, contains the following goals and policies which support the requested map amendment. Sewer: Goals: "Make public sewer available to areas that are in close proximity to services as directed by the extension of services plan." Sewer service is located west of the property within Meridian Road. Future development of the site would include extending services to the property and also the entire length of the property as the property develops. "Ensure the wastewater treatment plant and sewer collection system has adequate capacity to accommodate future development." The wastewater treatment plant has adequate capacity for this development. Policies: "New sewer mains should be designed and constructed to accommodate future expansion of the sewer system." Any development of the site will include requirements that the property is developed in accordance with the City of Kalispell Construction Guidelines and extension of services plan. Prior to construction the development will be reviewed by Public Works determining compliance with those requirements. Water: Goals: "Consider future needs with the replacement or installation of mains." Future development of the site will be reviewed for compliance with the city's extension of services plan. "Provide adequate pressure and flows to meet firefighting and user needs." Any development of the site will include requirements that the property is developed in accordance with the City of Kalispell Construction Guidelines and facilities plans, which accounts for pressure and fire flows to meet firefighting needs. Prior to construction the development will be reviewed by Public Works and Fire Department determining compliance with those requirements. C Policies: "Water lines and utility easements should be extended to the farthest extent of new developments to facilitate orderly growth to adjacent lands in the future." Future development of the site will be reviewed for compliance with the city's extension of services plan. Storm Water Management: Goals: "Ensure adequate storm water management facilities for all incorporated urban areas." Any development of the site will include requirements that the property is developed in accordance with the City of Kalispell Construction Guidelines, which accounts for storm water facilities. Prior to construction the development will be reviewed by Public Works determining compliance with those requirements. Policies: "The quantity and rate of runoff from a developed piece of property should not exceed that which would occur had the property remained undeveloped." Public Works regulations require that all the runoff from the development be maintained on -site. Prior to construction, development of the site will be reviewed by Public Works determining compliance with those requirements. Police Protection: Recommendations: "As the community grows, ensure that the law enforcement agencies have adequate staffing and resources." The Police Department has been notified of the land use change and will not have any level of service issues if the property were to develop at the more intensive uses provided for with the Urban Mixed Use land use category. Polices: "Adequately staff law enforcement agencies." As stated above, the police department has been notified of the proposed amendment and does not see any level of service issues if the property were to develop. Fire and Ambulance Services: Goals: "Adequately staff and operate fire companies to be able to handle demand and provide effective fire and EMS response and mitigation." 10 The Fire Department has been notified of the amendment and will not have any level of service issues if the property were to develop at the more intensive uses provided for with the Urban Mixed Use land use category Policies: "All new construction, occupancy remodeling and/or change of documented occupancy use shall be required to comply with adopted fire, electrical and building codes." Future development of the site will be required to comply with the Uniform Fire Code and International Fire Code. II. EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the zoning map amendment request in accordance with state and local regulations. 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. The subject property is currently zoned city R-3. The applicant is requesting city I-1 and RA-2 Zones. The Kalispell Zoning Regulations state that the I-1 Zone is intended to be: "An industrial district intended to provide areas for light industrial, research and technology. The uses would typically not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.), which extend beyond the lot lines. This zoning district would typically be restricted to areas designated as industrial on the Kalispell Growth Policy Future Land Use Map." 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" 1. Does the requested zone comply with the growth policy? As outlined above, the applicants have requested that the Growth Policy Future Land Use Map be changed to Urban Mixed Use on the entire property. The RA-2 Zoning District is an appropriate zone for the Urban Mixed Use land use category and would be in compliance if the Growth Policy Map is concurrently amended. The zoning of RA-2 on the southern portion of 11 the subject property is being proposed to create a transitional development opportunity between the existing multi -family development to the south and the light industrial development to the north. The existing R-3 Zone is low - density single-family residential and is not the appropriate zoning given the existing built environment surrounding the property. Likewise, provided the requested growth policy amendment to Urban Mixed Use is approved, the requested I-1 Zone would be in compliance with the growth policy map. The Urban Mixed Use land use category states the following: Allow a compatible mix of higher -intensity uses including office as well as some commercial and light industrial; medium and high -density residential and public facilities. The I-1 Zone is a light industrial zone, limiting uses to those that would be appropriate adjacent other high intensity uses, such as commercial and high density residential. Additionally, infill development is encouraged within the Growth Policy to lessen impacts on sensitive lands and provides additional development opportunities where services are available. City services including, sewer, water and streets are in the vicinity and available to the subject property. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zones will potentially have a large effect on motorized and non - motorized transportation systems if the property is developed, as the RA-2 and I-1 Zones allows for higher intensity uses than the current R-3 Zoning District. It is anticipated that higher density housing and light industrial uses will create additional traffic in the immediate area. Accordingly, any development of the property that creates 300 or more vehicle trip per day would require a traffic impact study prior to construction. The traffic study evaluates the impacts the development has on the traffic system and indicates mitigation necessary to maintain acceptable levels of service. Any development would be required to maintain the same level of service that currently exists. Mitigation could include such elements as a new traffic light, stop signs, new turn lanes, road improvements, road widening, additional access points, etc. Note that any development of vacant land will cause an increase in traffic. The purpose of the TIS is to mitigate traffic impacts that create a negative or unsafe condition, not just merely an increase in traffic. 3. Will the requested zone secure safety from fire, panic, and other dangers? At the time this property is developed, the property owners will be required to insure that there is adequate infrastructure in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the city. All municipal services including 12 police and fire protection, water and sewer service is available to the property. City of Kalispell fire station 61 is less than 2 miles from the site. 4. Will the requested zone promote the public health, safety and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classifications of RA-2 and I-1 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and provides a place for new housing and employment opportunities in the city. S. Will the requested zone provide reasonable provisions for adequate light and air? Setback, height, greenbelt and 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 facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The property is already within city limits and all public services and facilities are currently available to the property. The requested zone will not alter any of the public requirements, as there are city standards in place to address all the public requirements individually depending on how the site develops in the future. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with city policies and standards at the developers' expense prior to development approval, thereby insuring that there is adequate provision of services at the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the city. All public services and facilities are currently available or can be provided to the property. 7. Will the requested zone prevent the overcrowding of land? As previously noted, the applicant has also requested a land use change to Urban Mixed Use. The anticipated densities of the proposed zoning districts can be found to be consistent with the land use designation for the site. All public services and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were inadequate to 13 accommodate the development in the area. 8. Will the requested zone avoid undue concentration of people? An increase in the number and concentration of people can be anticipated with the proposed zone changes. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. Design standards such as, minimum setback, height limitations, greenbelt, parking, landscaping, lot coverage 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. 9. Will the requested zone promote compatible urban growth? The general land use category of the area can be described as commercial; however, the best way to categorize the development along Meridian Road is haphazard as far as zoning and land use pattern. Land uses range from a few industrial uses, single-family, multi -family and commercial. The immediate area can be considered ripe for infill development, as the subject property is undeveloped and sandwiched between an existing industrial facility (UPS) to the north, multi -family development to the south, gas station/Meridian Road to the west and U.S. 93 to the east. 10. Does the requested zone give consideration to the character of the district and its particular suitability of the property for particular uses? The proposal would eliminate an existing R-3 Zone by expanding an existing I-1 Zone to the south. The zone change to RA-2 would expand an existing RA-2 Zone to the north. The proposed changes would eliminate an existing R-3 Zone, which is low -density single-family and is not the appropriate zone given the surrounding development. 11. Will the proposed zone conserve the value of buildings? Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria, to ensure its appropriateness for the area. The conservation of values of the existing buildings in the vicinity depends largely on the design and construction quality of the potential development in the area of the zone change, as opposed to the change of the zoning or potential use of the property in this case. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The most appropriate land uses throughout the jurisdiction are promoted 14 by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. In this case, the proposed RA-2 and I-1 Zones are consistent with surrounding development to the north and south. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-19-01 and recommend that the Kalispell Growth Policy Future Land Use Map be amended from Urban Residential to Urban Mixed Use on the entire property. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-19-01 as findings of fact and recommend to the Kalispell City Council that the subject property zoned R-3 (Residential) be rezoned to RA-2 (Residential Apartment) and I - 1 (Light Industrial). 15 PLANNING FOR THE FUIURE MOA7"A Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning APPLICATION FOR GROWTH POLICY AMENDMENT (GPA) PROJECT NAME: Isackson UPS Growth Policy Amendment 1. NAME OF APPLICANT: Rob Isackson Villa c Investment Partners LP 2. MAIL ADDRESS: 940 Emmert Ave, Suite 200 3. CITY/STATE/ZIP: Belmont, CA 94002 PHONE: (415) 227-2203 NAME AND ADDRESS OF OWNER/S IF DIFFERENT THAN APPLICANT: 4. NAME: Meridian Group Associates, LLC, Attn: Rob Isackson 5. MAIL ADDRESS: 940 Emmert Ave Suite 200 6. CITY/STATE/ZIP: Belmont, CA 94002 PHONE: 415 227-2203 7. TECHNICAL ASSISTANCE: Sands Surveying Inc. Attn: Eric Mulcahy 8. MAIL ADDRESS: 2 Village Loop 9. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: (406) 755-6481 4 If there are others who should be notified during the review process, please list those. A. Property Address: 940 1089 and 1091 North Meridian Road B. Total Area of Property: 5.79 acres C. Legal description including section, township & range: _ Tracts 1, 2, 3, &4 of COS 17512 in Section 7, T28N, R21W, P.M.M., Flathead County RECEIVED jAiNQ4 iy K4*&ft"NG9kNAflrMENT 1 D. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the issues, goals and policies associated with the proposed development. Issues: The issue with the subject Rrqperty is that it is currently zoned R-3 which is a Residential zoning designation with single family dwellings being the land use permitted by right. Currently the property is vacant The subject property abuts Highway 93 on the east which is a principle arterial roadway and North Meridian Road on the west and is a minor arterial roadway. To the north is the e,3dsting UPS distribution Center for the Flathead ValIgy and is zoned a ro riatel as I-1 (Light Industrial). To the South are office professional uses and the Meridian Point Apartments which are all zoned appropriately as RA-2 (Residential Apartment/Office). All of these neighboring uses are much more intense than the single family residential designations indicated with the existing zoning and much of the growth policy map. The UPS facility is interested in expanding and wants to do so at its current location and on a portion of the adjoining property subject to this application. To do so requires that the amendments be made to the Growth Policy and zoning designation so that the expansion complies with City requirements Goal: The goal of this application is to expand the Urban Mixed Use Growth Polic Designation which currently paints the front 200-feet of the subject lots and abuts the property on the north so that it covers the entire property (Figure iL Figure I - Portion of the Kalispell Growth Policy Future Land Use Map 2009 Along with zoning designations (City of Kalispell Interactive Map) Growth Policy Future Land „.. Use Commerc ial RA Neighborhhod Commercial Industrial t Urban Mixed Use High Density Residential Urban Residential g=� Suburban Residential City Airport, Government " R,4 Facility Public./Quasi Public, Openspace oodway kh Fl Policy: are also proposing a zone With the Growth Policy Amendment the applicants change application that would zone the Northern two lots I-1 (Light Industrial to match the existing I-1 to the north. On the southern two lots the application would propose RA-2 (Residential Apartment/Office) to match the neighboring RA-2 zoning (Figure 20. 3 b. Project feasibility and a schedule showing the timeframe in which each phase will be completed. There are no specific plans or schedule for construction as the applicants and potential buyers are waiting to see what the outcome of the proposed Growth Policy Amendment and Zone Change Application. c. A showing of the conformance of this amendment with the growth policy overall. The following Goals and Policy of the Kalispell Growth Policy 2020 show conformance with the proposed Amendment; Growth Managemen G.1 Encourage efficient use of space, orderly growth consistent with high quality of life, fiscal soundness, environmental conservation and community vitality. GA New Commercial development occurs in areas where public water and sewer can be provided and as expansion of existing commercial areas. P.G Design and locate development to protect public health and safety; insure adequate provision of services; be compatible with the character of its surroundings and encourage the most appropriate use of the land. 4 Land Use: Housing G.1 Provide an ade uate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location. Land Use: Business and Industry G.1 Encourage the development and growth of prosperous commercial and industrial districts, each with a viable mix of business, suitable infrastructure and a coordinated development pattern that reduces business costs and increases small business opportunities. G.6_ Provide adequate areas within the community for commercial and industrial expansion and development. G.7 Maintain the integrity of well -established residential areas by avoiding the encroachment of incompatible uses. Urban Mixed Use Areas: P.a Encourage the development of compact, centrally located service and em to ent areas that provide easy connections between existin commercial and residential neighborhoods. Re Expand the depth of urban highway commercial areas as mixed -use corridors in order to provide an alternative to continue linear commercial development, concentrate more intensive uses along traffic arterials, improve business_ district circulation and transportation efficiency areas, and expand small business opportunities. PA Within these corridor areas, provide for higher -intensity, mixed -use areas roughly two blocks on both sides of urban highways. As distance from the highway increases, create a gradual transition into the residential neighborhoods by encouraging multi -family, offices, and other compatible uses as a transition tool with sensitivityto compatible design. Re Avoid encroachment into established, intact residential neighborhoods. P.f Allow a compatible mix of higher -intensity uses including office as well as some commercial and light industrial; medium and high density residential and public facilities. A convincing showing of need. The UPS facility is in need of expansion. The options are expandinLy at the current location or move to another site. Other sites might include zoned or unzoned county properties. As the current zoning and growth policy designation are out of step with the actual land uses in the immediate neighborhood it would appear that there is a "convincing need" to change the Growth Policy and allow an existing industry,that provides a critical service to the public and business community, an opportunity to grow. e. A showing of neighborhood compatibility. Where there are more intensive uses or incompatible uses planned within the plan area or on the boundaries, how the impacts of those uses would be mitigated. The neighborhood consist of mixed uses, almost all of which are more intensive than the Single -Family Residential designation currently associated with the property (Figure 31. The Property is bordered by a Ma'or Arterial HighwayHighw!,Ay 93 and a Minor Arterial Meridian Road as defined in Chapter 1p of the Kalispell Growth Policy. If the City approves the amendment to an Urban Mixed Use DesigLiation, the application would request a zone change for the northern two lots as Light Industrial matching the zoning of the existing UPS facilily. The applicant would zone the southern two lots RA-2 matching the zoning of the Office and Meridian Pointe A artments to the South. The mini -mart takes up much of the Meridian Road frontage and the ro osed light industrial Apartment Office uses would be com letel compatible with the established use. There would be no need for special mitigations as the neighboring uses are all compatible. 0 f. A showing of transportation impacts and general proposed mitigation measures. The property is located adjacent to two arterials. Highway 93 is a major arterial on the east side of the property but due to grade issues would not have access to this Highway. North Meridian Road is a Minor Arterial and would provide the physical access to the .property. The north property boundM of the subject site is located at the intersection of North Meridian and Three Mile Drive which has a traffic signal to control movement. The northern -property boundary would be the obvious location to provide controlled access into the site and make the Three Mile North Meridian a four way intersection. There is also the potential with the expansion of UPS to the south that access for its facility would improve with a signalized intersection, particularly for southern turning movements_ g. A listing of the environmental impacts associated with the plan amendment. The subject properly is not located in a flood lain riparian area wetland wildland urban interface or area of unstable soils. There does not appear to be any environmental issues associated with the subject properties. h. A listing of all know site hazards and general mitigation strategies A simple walk throuizh of the site indicates that there are no obvious hazards associated with the property. To my knowledge there has not been a Phase 1 Environmental Study performed of the site to determine if there are any recorded hazardous spills, leaks or other hazards associated with the property. Such study would be Rerformed at the discretion of the existin owner of future buyer. i. A strategy for the adequate provision of local services (1). Water (2). Sewer (3). Police (4). Fire (5). Parks and open space, trails and pedestrian ways (6). Storm water (7). Schools (8). Gas, electricity Municipal Water and Sewer mains are located with the North Meridian Road Right of Way and adjacent to the property. The properties are within the Ci Limits of Kalispell and therefore are served by the Kalispell Police and Fire Departments. There are sidewalks and striped bike lanes along North Meridian. There is a City Park on Hawthorn Lane three blocks west of the property and Lawrence Park is a half mile east of the property as the crow flies. Strom water would be address on -site. Peterson School provide elementary classes and is located a half mile to the southeast, the Kalispell Middle School is just a quarter mile to the west and high school kids would attend Glacier High school which is a couple miles to the northwest. All utilities are located_ in the North Meridian Road right-of-way adjacent to the ro e A showing of the appropriateness of the proposed location of the project. North Meridian Road is a mixed use corridor with everything from governmental facilities like the Post Office, Fish Wildlife and Park, and the County Fair Grounds. There are light industrial uses including the UPS facility, Century Link Facility, machine shops, auto repair and tire shops. There are professional office buildings of all_typcs_along the corridor. There are retail uses including shoe repair, mini-mart/gas stations, coffee, and sports apparel. Lastly the is residential use consisting of High Density apartments, assisted living facilities, and a few single family residences scattered about. The applicant is proposing the Urban Mixed Use land use designation be applied to the entire property rather than just the couple hundred foot strip along the front of the property (Figure 1). With the high intensity mix of uses in this neighborhood this would appear to be an excellent location for more mixed use. k. The extent to which the plan departs from the existing growth policy and the reasons why such departures are or are not deemed to be in the public interest The current Growth Policy Map designates the front 200 feet of the subject property Urban Mixed use and the rear 400 feet as Urban Residential (Figure 1). Currently the Urban residential designation would not support Lighi Industrial Zoning or Apartment/ Office zoning. Yet, Light Industrial and Apartment/Office are the adjoining zoning designations (Figure 2). I would argue that correcting the incongruence between the growth policy designation and the neighboring zoning is in the public interest. The proposed Urban Mixed Use designation will allow the applicant to apply zoning that would allow for the expansion of a critical service industry within the City, it would allow for office use which is compatible with neighboring office use and the zone change could allow for entry level housin opportunities, all of which would appear to be in the public interest. 1. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Property boundary locations. (2). Site hazards or environmental constraints including area of steep slopes (10% and 25%), floodplain and flood way, drainage or streams; (3). Total acreage, current growth policy designation and present zoning classifications; K (4). Growth policy and zoning classification of all adjoining properties; (5). Assignment of major land use categories. A showing of density and intensity of major land uses including, for example, dwelling units per gross acre, square footages of commercial/acre, square footage of industrial uses/acre, potential public facilities and buildings, open space uses, etc. (6). Collector and arterial road systems. Any unusual road features (bridges, frontage roads, etc.) (7). Location and type of significant open space, common areas or substantial buffers, and major pedestrian trail systems; (8). Proposed schedule of completions and phasing of the development, if applicable; (9). Existing covenants, conditions and restrictions which would significantly alter development within the area; (10). Special or unusual design features intended to mitigate identified site hazards. (11) . Any other information that may be deemed relevant and appropriate to allow for adequate review. The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning Department staff to be present on the property for routine monitoring and inspection during review process. [see below] (Applicant Signature) Meridian Group Associates, LLC, a Montana limited liability company 1/3/2019 (Date) By: VPDC 2015, LLC, a Delaware limited liability company, its manager By: VPD-EX, LLC, a Delaware limited liability company, its manager By: C Name: ra Yf Its: 9 APPLICATION PROCESS APPLICABLE TO ALL GROWTH POLICY AMENDMENT APPLICATIONS: A. 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 process and submission information B. Completed application form. C. Application fee per schedule below, made payable to the City of Kalispell. Growth Policy Amendment fee: $2,200 plus $10/acre D. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to plannin {ckalispell.com (Please note the maximum file size to email is 20mg) E. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. Please consult with the staff of the Kalispell Planning Office for submittal dates and dates for the planning board meeting at which it will be heard in order that requirements of state statutes may be fulfilled. The application must be accepted as complete forty-five (45) days prior to the scheduled planning board meeting. 1 PLANNING FOR THE F[f UFLE M01ff"A Planning Department 201 lrt Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com / planning PETITION FOR ZONING MAP AMENDMENT NAME OF APPLICANT: Rob Isackson, Meridian Group Associates. LLC MAIL ADDRESS: 940 Emmert Ave, Suite 200 W I CITY/STATE/ZIP: _ Belmont, CA 94002 PHONE: _ 415 r 227-2 INTEREST IN PROPERTY: Owner PLEASE COMPLETE THE FOLLOWING:' A. Address of the property: 940, 1089, and 1091 North Meridian Road B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number (Section, Township, Range) Tracts 1, 2, 3, 8s4 of COS i7512 in Section 7, T28N R21W P.M,M., Flathead Count (Attach sheet for metes and bounds) C. Land in zone change (ac) 5.79 acres D. The present zoning of the above property is: R-3 E. The proposed zoning of the above property is: I-1 and RA-2 See the ma hal nxu- 1 F. State the changed or changing conditions that make the proposed amendment necessary: The subject property abuts Highway 93 on the east which is a major arterial roadway and North Meridian Road on the west which is a minor arterial roadway. To the north is the existing UPS Distribution Center for the Flathead Valley and is zoned appropriately as I-1 (Light Industrial). To the South are office professional uses and the Meridian Pointe Apartments which are all zoned appropriately as RA-2 (Residential Apartment/Office). All of these neighboring uses are much more intense than the single family residential designations indicated with the zoning and much of the growth , policy map. The UPS facility is interested in expanding and wants to do so at its current location and on a portion of the adjoining property subject to this application. To do so requires that the amendments be made to the Growth Policy and zoning designation so that the expansion complies with City Figure 2. Google Earth Image 7/24/ 17 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy The following Goals and Policy of the Kalispell Growth Policy 2020 show conformance with the proposed Amendment: Growth Management G.1 Encourage efficient use of space, orderly growth consistent with high quality of life, fiscal soundness, environmental conservation and community vitality. G.4 New Commercial development occurs in .areas where public water and sewer can be provided and as expansion of existing commercial areas. P.6 Design and locate development to protect public health and safety; insure adequate provision of services; be compatible with the character of its surroundings and encourage the most appropriate use of the land. Land Use: Housing G.1 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. Land Use: Business and Industry G.1 Encourage the devglop_ment and growth of prosperous commercial and industrial districts each with a viable mix of business suitable infrastructure and a coordinated development j2attcrn that reduces business costs and increases small business opportunities. G.6 Provide adequate areas within the community for commercial and industrial expansion and development. G.7 Maintain the integrity of well -established residential areas by avoiding the encroachment of incompatible uses. Urban Mixed Use Areas: P.a Encourage the development of compact, centrally located service and employment areas that provide easy connections between existing commercial and residential neighborhoods. P.c Expand the depth of urban highway commercial areas as mixed -use corridors, in order to provide an alternative to continue linear commercial development, concentrate more intensive uses along traffic arterials, improve business district circulation and transportation efficiency areas, and expand small business opportunities. P.d Within these corridor areas, provide for higher_ intensity, mixed -use areas roughly two blocks on both sides of urban highways. As distance from the highway increases, create a gradual transition into the residential neighborhoods by encouraging multi-fqmily, offices and other compatible uses as a transition tool with sensitivity to compatible design. P.e Avoid encroachment into established intact residential neighborhoods. P.f _Allow a compatible mix of higher -intensity uses including office as well as some commercial and light industrial; medium and high density residential and public facilities. B. Lessening congestion in the streets and providing safe access The proposed zone change is located and has access to a minor arterial street in North Meridian Road. Arterials arc desi ed and intended to cgM large volumes of traffic. Land uses located on Arterials should be intensive and compatible with the roadway and the heavy traffic numbers. The proposed I-1 and RA-2 are intensive land uses that are compatible with volume of traffic using North Meridian Road. Developing a single family neighborhood such as anticipated by R-3 zoning would require significant landscape buffers and/or fencing to block noise. This would be an inefficient use of land area given that the neighboring zoning is identical to what is being requested. The proposed zoning; will definitely increase traffic over the existing zoning, however this is a location that is not only suitable for expanded use but also anticipates the traffic associated with the proposed zoning. C. Promoting safety from fire, panic and other dangers Any use, whether in the existing R-3 or the proposed I-1/RA-2 is subject to review by the Building Department for adherence to the IBC and the IFC. The subject parcels are located in the City Limits and as such are within the Kalispell Fire Departments jurisdiction. There are City water mains and fire hydrants within the North Meridian corridor:,- - D. Promoting the public interest, health, comfort, convenience, safety and general welfare The proposed zone change encourages infill development, facilitates the expansion of a critical shipping industry within the valley, allows for diverse housing options, and makes efficient use of the property. Any development of the site will connect to the Cit 's existing sewer, water, and streets stem providing a safe and convenient development. The subject praperly is within walkin distance of businesses, services, parks and schools. E. Preventing the overcrowding of land The proposed zone change will allow more density on the subject property than the existing single family zoning designation. However, the proposed zoning of I-1 and RA-2 match the adjacent zoning districts (Figure 1 and therefore the subject property will have the same dimensional requirements, densities, and uses as the neighboring ra ert . As a result the proposed zone change should not cause an overcrowding of the land. F. Avoiding undue concentration of population The subject property is located in an area of mixed use, including high density residential, assisted living facilities, business parks and building. The property is located along Highway 93 on the east which is classified a major arterial and along North Meridian Road which is a minor arterial. The property is served by public infrastructure and is considered urban infill. This is an area that currently has a high concentration of people and the proposed zone change is in line with the neighborhood character. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities The subject property is located within the City Limits of Kalispell and is located on two arterial streets but only has access to North Meridian. The HighwayHighw2y 93 frontage has a step grade precluding access. North Meridian Road is classified as a minor arterial and is defined by the growth policy as: "A major road with moderate speeds designed to collect or move traffic from one major part of the city or planning jurisdiction to another or to move traffic to or from the major arterial system. Traffic volumes would generally range from 5,000 to 15,000 vehicles per d The MDOT Traffic Data Site gives Average Daily Trip Counts for various roads in Flathead County, The MDOT has a count for North Meridian Road at the intersection of Three Mile Drive Station 000+0.527N . In 2016 the traffic at 3 Mile and N. Meridian was 22,614 trips. In 2017 the trip count dropped to 12,497 which is most likely the result of the Kalispell By-pass opening that year. The result is that Meridian was designed and built to handle high volumes of traffic and with the construction of the by-pass there is new capacity on North Meridian. City sewer and water services are located in the North Meridian right-of-way. The properiy is within the Kalispell School District and is within walking distance of Russel_ Elementary and the Kalispell Middle Schools. There is a City park just three blocks to the west of the subject property. Development of this property is considered infill and will facilitate efficient use of the public services. H. Giving reasonable consideration to the character of the district The subject property is located at the intersection of Three Mile Drive and North Meridian which has a traffic signal. The UPS_ shipping facility is located to the north and would like to expand into the subject property. In addition to UPS there is the CenturyLink facility,Northwest Energy building, H&A Automotive M&C Tire Automotion Ron's Alignment, Convenience Store Fish Wildlife and Park, Flathead County Fairgrounds, office buildings, office parks, retail business, Multi -Family Apartments, Assisted Living facilities, and a few remaining single family residences. The neighborhood is a mix of uses most of which are significantly more intensive than the R-3 zoning that currently occupies the applicant's property. The proposed zone change to split the property with light industrial zoning on the northern two lots and multi -family apartment/office on the southern two lots will not only match the adjacent zoning classification it will also match the adiacent land uses. Pi" The subject property is located at the intersection of two Minor Arterials (Three Mile and North Meridian and significant commercial and light industrial land use. 6 Giving consideration to the peculiar suitability of the property for particular uses The UPS facilitv is the neighbor directly to the north and the UPS properly is zoned 1-1 (Light Industrial). To the 'south there is an old single family home which will most likely convert to a different use in the future and there is also office and the Meridian Pointe Apartments which are zoned RA-2 (Apartment Office even the house. It would appear that the proposed zone change does consider suitability for particular uses. Protecting and conserving the value of buildings CurrentIV this property stares into the back of a convenience store the back side of the UPS facility, and is located on two busy streets North Meridian. and Highway 93. This property is not an ideal location for single family detached dwellings. This property is more suited for mixed use and spec ificall the I-1 Light Industrial designation along with the RA-2 Apartment/Office designation The proposed zoning matches that of the neighboring properties to the north and south and therefore will conserve the value of the neighboring buildings. K. Encouraging the most appropriate use of land by assuring orderly growth The North Meridian Road corridor is identified by the Kalispell Growth Policy as an area for the Mixed Use Designation and the front 200 feet of the subject property is designated so on the Kalispell Growth Policy Map. Over the years the land uses and zoning continued to convert to the more intensive zoning designations of B-1, I-1, RA-1, RA-2. This particular property, which is vacant, retained the original single family R-3 zoning designation primarily because it is vacant and never had a development proposal. Preceding this zone change application is a Growth Policy Amendment that requests expanding the Mixed Used Designation across the entire holding, Should the City approve the Growth Policy Amendment than the proposed zoning would not only match that of the neighboring ro erties but also the Growth Policy designation which is intended to guide orderty grLDwth. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during approval process. below] (Applicant Signature) Meridian Group Associates, LLC, a Montana limited liability company By: VPDC 2015, LLC, a Delaware limited liability company, its manager By: VPD-EX, LLC, a Delaware limited liability company, its manager By: Name: (->e-lqqgL.PPrcu Its: lG2 251 1/3/2019 (Date) APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS: A. 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: Growth Policy compatibility with the application, compatibility of the proposed zone change with surrounding zoning classifications, and the application procedure. B. Application Contents: 1. Completed application form. 2. Petition for zone change signed by the real property owners representing at least 65% of the land area for which the change in zoning classification is sought. 3. A map showing the location and boundaries of the property. 4. A title report of the subject property. 5. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planningC&kalispell.com (Please note the maximum file size to email is 20mg) 6. Application fee per schedule below, made payable to the City of Kalispell Zone Change: Base fee $550.00 For first 80 acres of area of the request add $20/acre For next 8 1 + acres add $10/acre PUD Zoning Review: Residential (no subdivision) $750.00 + $105/unit Commercial (no subdivision) $950.00 + $50/acre Residential (with subdivision) $550 + $50/ac Commercial (with subdivision) $750 + $50/ac C. The application must be accepted as complete by the Kalispell Planning staff thirty five (35( days prior to the date of the planning board meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. 0 ZONING REPORT ORDER NO.: 225FPT TO: Sands Surveying, Inc. DATE: December 19, 2018 RE: Meridian Group Associates LLC FEE: $150.00 The assurances referred to on the face page are: According to Flathead Premier Title's property records relative to the following described real property (but without examination of the Company records maintained and indexed by name): Tracts 1 through d of Certificate of Survey No.17512, tracts of land situated, lying and being in the Government Lot 1 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The last recorded instruments purporting to transfer title to said real property is: Warranty Deed: Dated: September 25, 2006 Grantor: Three Mile Court LLC Grantee: Meridian Group Associates, LLC Recorded: September 26, 2006 as Document No. 200626915330, records of Flathead County, Montana. This report is based on a search of our tract indexes of the records of the Flathead County Courthouse. This is not a title or ownership report and no examination of the title to the aforementioned real property has been Made. No liability beyond the amount paid for this report is assumed for this reason. Flathead Premier Title is not responsible beyond the amount paid for this report in connection with any errors and/or omissions contained herein. No examination has been made of the records of Flathead Premier Title maintained and indexed by name, nor has an examination been made regarding matters affecting any deed(s) of trust or mortgage(s) shown in this Zoning Report, or other matters which may affect any such deed(s) of trust or mortgage(s). No report is made regarding any liens, claim of lien, defects or encumbrances other than those specifically set forth in this report. If this report was requested by reference to a street address, no assurances or guarantees are made that the aforementioned real property is the same as the address provided to Flathead Premier Title, No examination has been made with respect to the identity of the party named in the last recorded instrument purporting to transfer title to the aforementioned real property, or with respect to the validity, legal effect or priority of any matter reflected in this report. If you are interested in additional services or title insurance coverage, or questions about additional services available, please contact Flathead Premier Title at 752-7000. Thank you for your continued business. Report prepares! by: Nick Vernon Flathead Premier Title .S :LRt11S11E0'OR :NF0Rf.I jEfOTT +: RVC};f5 QAiEY f0 AS;IST !N �ROPERIY _C1CAE:Cl1 'NIJN RE-ERf,ICE i0 iTREE 1S A?I I) OTHER 7ARCEE5- NO R(7RESFNT.AI:ON IS\L:pE 07-28-21 5 fO ACCURACY AND STERLING TITLE SERVICES Not To Scale AMUTAS MO PABILITY fOR ANY LOSS OCCURRING SY REASON OF REEIAWf LIFE REL'N. 66F HIGHLAND PARK Nam' MRK; 6BK NpS .i 1 i P� �11 ! 68R fl 1 SA z a� 6BS 6BSA BIBS 4A BV / �� FL 5 00 6BQ8 6 Bl 68 64A I ' 12 7 BHA 6BH „ d GO� co 1 9 O�F II OBE d � i0 UNDERHILLLT rtPF 2 UN RHILL oa q I N L a 5 5 5 d d 7 5 - 3 U I3 ��r BLOCK 4 4 - h 1E IS 51 rI L IBA` — D 13 S_T — — — — 5PA SBA ��o y — fA'-u Eo-E7ENr }.ITA3 d,DA D 5P8 iaPA� r CONDO �c J �aYF �a dwa Bp NA a, O 1 z oi� fi , :s ST 4 AAl1 5lv 5l3 I n 4 b v t tQ.y� _ s SJ 5M 5F I 15 58 1 to � 2 �� y]�h\li 15 3 I's drI uf.LO bw Tla 1 1 J as Ie - I ', ra � :.A �� Ij - y 12 - '..- ]ry 1 J; W WYOM IN G ST 5VI w I2 - 5F-A 55 Il 7 n 19 e 8 Q�il� ST t pv 11 SA LOT SL 1J T 9 \1 vV �4�� 5!A a me e I ev �' 55 50A 5•© c 12 n y 1n � ry a Jr7� A gi O :AMCA . 3 o �VAp 5H y� Sf�A C 5R -y j name s fi 3 -,.A �S „ 9cs 5L a', p 5r 5LA Ah59 a O der y 5D 5I?8 5DA Rn a P�� 1r, P\YI ;Axe S 13 tl lJ e c I.j a}` i. 5KA I SKS I 5K �h1E 12 i ryIST 2AK y SpGP F• J 3v"VU� P�AO S '➢' — — — — Ia� s Z .gyp 3' 2A❑ �� -0 1A 11 VV CAL4 e x a ?,2 5 by a'L M a7 �>Aa � > [Lf I Y�S [mot+ gG��L 3Z5A Ga 7A 26�?3� O U 11j1{ n4 P (1 2 ffiN - IHIS SMAP .S ;URNISHED FOR INFORAIRWICN -1QRP05E5 ONEY TO ASSIST IN aROPiR7Y LOCATION 'WISH REcERENCE TO MEETS AND OTHER-ARCELS. NO REIPRESENTAVON 1S 1.0 QE AS TO ACCURACY AND STERLING TITLE SERVICES ASSUMES NO uA61UTY FOR ANY LOSS OCCk,RRWC. By REASON OF RMANCE THEREON. ur,afl� .a. s�R XCW;P - ;•aw ] A JSH YI IY 1.7 aa.T - .Y,Iwr . n -MELz San a-Y- Nv'sa'd II T4.V2-aLY.3s-o nso- 13;u Ml la IfngII,IEIt IX V1, p.13. �1P.IL:p a l0'A 311P ,NBx flstn-. taut lll@ " .- UUFRaiIYACP EI' YI"Yt Trn=LxoEwiLl SVg IA, rlAP nFu• iosa MutrySw+; Irp'ae'+epLT _ - a•EYp•MLAapIG Ylsa Gt'- MLL1+Pxmui 4Nk M11.1211x1IIIMV P➢W} wra ELW- :M A. /'JN 5'llYy u,x^pntl Flrf_M6 °V19=MLLI[3a1u1 SLaS-MLL' 2tl-e YfY` -_ Aw ¢aX E-YALLa 39".1[lIT i<lY MLL➢.E]Ir1VF +L4s5-2cx ?LFBT1 M11YrLa29 a P'S RF V - : 4ut-irnaPnrvrA;lcara R-aYM.31fA i- tM xnr .vll :vr'l, ,a f151•M tYl qlt+ 3.e }Ja5- MLACtl IXLI'V213MY1 _➢+FNM,iuF@.,v, a-MLLt+..}FXe2:RTY- •exX:!-LV.cty .ca.lYVe �xav-:a.IrlHzlnrt•'In vxXse-XAnIY t!n)• IALL•Si+fSq-u- t•MLl&6@2tl A-Y- - 'numu- - aL=I:WI RiyJ 12 -o sX. LXxa2r-nXox ru.l r.f Llh lllul w•%MLLa. ]E<aalln'eNrv- �ik _H_¢3V.iA V@rl• MEAap'L•F xSAA'1T '➢V]LS+iXCAPT.0 4kA. ILN- FBIITaF Aumr-3i �IF H6lr-MAr:A. allu a-"A"y BLv atrz,2-m fq,iTEA RAI;p lall.l 11 Yl I- aP}a N'u' 1P•:P-M_nM H'YI IE]:J-!p FN Im}o+xALLnen H-u- - - fv A,, Ilr X•IMAIrYI +69fS�JwI% 10 U}b-!XR .q4 - AIgs.113, x1tl]'IEYI SyNrP--Y sY.'al-lFtl _]r.:XIARpIVIIxLftineal- •It9"w Ml.^_J. tIxL, :,AUFACAtlAW LI@: 5'LIF• MLACa dt5.d e2ri 12]!-.;EV �9. Va�1rvT '�� xIR.-�•- v •IYd. eso. oeX, ce. tee Irr-MLArn r+eMlLILYeEAAmnlr- u1-MI la aH]-/IFL" +R- Ml Le ICtlll' P SSYR0. 2XC^. y'LI-x„HANa PAL'-@2 I_ I�Mk1]uV L'e I!]fHP- '1r19•MELIdF➢Eali.6'130.FY- .zl!a- 3:H - 'XHF•vE,YJIM 'F91T. ulYw xs - MELAI]�.-i[,LITT 'nIo-.ALncn;uerc YlYf xx=M1 I VI I It'll �] :re., _eL:L. aA ALFr mr 'ewe-ulL+e %..... :lC4IY@. IL•p.AvIL'CA. 9sle A'1HE=3A0 i4i-xALL'liv%Inx- 'P51+-ul 'an S'i -- Et L'd N%III Yi a LiE.L a]]I R-L - :1h�xA1 AML1 :ISmr�lru 'Yell. aat I xH II] IP v - ro,3IE 1I1R111- vllul .Z- uxrA '� ILv'ELLLti @➢IPur Ist. ±sAaa� Ire?-3::: oeufw «w.�F:uaee SLi]e2v Rnr -,ul lt.�l]in lrsluv �9ii+FALL-Fti0 @1L 19l>-ALNE%.Lif:111C[y' a- Mll}'2 R-LI� �dtli- ILLvx-FL AI: LZ TV_ LGR-L'- elze•sz'L ierx- c a;t-xu!l la,'L-F Hsu- ,Ai:wo iilu� alz lru - - IrrP= M eatne� �1s-'aca �A Y 'rnv v-�ze'e]RrY- ma>-Ia.orwNL-'. z.La r,4� •2.5' IaL1nata q-N- s'r•MLXeresusrtF3r vrn rvPp Ivs-cvFmwnndP�IH-Y- - %➢iI-MFA`EMEISI'LLlL]AVI.IHu- - tr 's'xa• :uLn.@.a.Lsl.L.laPsrHrv- z•s-:ev��sn ..sr,- a eJSA.u- ]�13- 41, - a.t'A +x a: yX2- MLLS, a.:_a123 IITLF= ML pELLI'5. '4Y IrbT i<rAmY- r-MLL•'.12 'J'a- M +rin all Ailll'It'u nl+t <r ul uLNAe aY Ix:AV I]NRL x L' NI V I .. M,lnl pan - uF},VFYR-u- 'r3t1= I.A u,Lee pvT irm-3vn5. H921a11u11VP - xlL. A - RaI FPFLLL: }±]Riot -Ili - IttLAaa SL1. @2:2 a - 2J'EII I' a`J RTYI SJn- MILL 13912 Acne, 1ALR!a bt!6- lNHllr - '4M-n+Il iAxul'AfIR'la'ply Hft V3!-MLRlxr ]uJs• ➢ ,AeA.RHA.Ld3A0.l••- p➢e:- dLLav H®FIARC RViAI' AI qT'- ntt liefau FM ,llu - UVWt xv H:PI'�Y MUR vtu' IAEAV- a'a2= VRYEfW11- @S M!L a-LS •]rtv- xt;XLaR¢Mwu¢]Htt'- : S'a•LI.LERF LEL3e!]R7L'P nw. L.z. Eze r q n±< AALL] ] uu ttmu- - - Irtlxno maae oI� 1 VVL 07-28-21 Not To Scale Im � Z I Al t L � I Y t! n�- ;� �� as ! a L I Z a I =a y a ifx � Y i NJ•OS'aa' - °_ x'S5']s"_ � a3ii . 'i v ]o•", I z, •rs as' re.3a ! +.-`<i.]ai at•� r. v' � �. 4 THIS MAP IS FURNISHED FOR INFORMATION PURPOSES ONLY TO ASSIST IN PROPERTY LOCATION WITH REFERENCE TO STREETS ANO OTHER PARCELS. NO REPRESENTATION IS:MADEASTO ACCURACY, AND FLATHEAD PREMIER TITLE ASSUMES NO LIARILI rY FOR ANY LOSS OCCURING BY REASON OF RELIANCE THEREON. 12}7 @L 6B' NOB IJ 49.21' r" J Pu&lc A4Fe9S Easement o ga. Doc. 'e 200201514290 r �ti v "t H o L! 4 r N f4p.pU' 5 B9°So 0P" W v y N y lv I ly i�i:'l..•fN:�.�! :1�:'Sji_::p' trl Y I � L 3 S 89 156 011" W P B lO'Gas Lme Casemen/ Doe, jr 912070B780 4 SO A nj ' L 4 S d9°59 09" N Fnd. 1/2' Rdbor 36a21' a ti r• D Cl 1 y ~ o ':' Fad. 5/0'Reeai Jb2.26' e516-$" L i00J 1/2"Rebar Spar 2343" z . u o V ° 4 w LS COS# 17512- Tracts 1, 2, 3, & 4 Zoomed - Not To Scale oJ9 95' Tract 2 t 74s Acres At 0.9°56 02" E 570.5 B' Tact Y 1o7t Acres N 39°56 02" 586.26' Z'acf 3 I. 90f Acres S B4°S9`09" IY POO l3B.00 W ah 0.40r Acres 0 O O x z S 3.9'S5'4�"E w w _ m S� Fnd. 4 X4' Concrete Xignt a/ Way Monument r py. C�N ee 001011 O H it 69°543g"lY L9 I75:I2 dd �Grl 151 �+'1 4 a7 0 0 h N S 89°58%B"E LT LB RL7AIL Nor r0 SCALE O' Fnd. 5JB' Xebar OaY/e 25/6•S" THIS MAP IS FU PURPOS55 ONL LOCATION WIT AND OTHER PA 1S MAOE AS TO PREMIER TITLE, ANY LOSS OM RELIANCETHER RESOLUTION NO. KGPA-19-01 AN AMENDMENT TO THE CITY OF KALISPELL GROWTH POLICY PLAN -IT 2035 A RESOLUTION RECOMMENDING ADOPTION OF AN AMENDMENT TO THE KALISPELL CITY GROWTH POLICY PLAN -IT 2035 ADOPTED JULY 3, 2017 TO BE KNOWN AS THE ISACKSON MAP AMENDMENT WHEREAS, the current Kalispell Growth Policy Plan -It 2035was adopted by the Kalispell City Council on July 3, 2017 with Resolution No. 5821A; and WHEREAS, since that time there has been significant infrastructure changes including water mains within Meridian Road increasing capacity for additional development, Meridian Road has been upgraded to a four -lane road increasing capacity on that roadway, bypass has been completed with off ramps to Three Mile Drive providing a direct route to the site, and a new signalized intersection has been constructed at the Three Mile Drive/Meridian Road intersection allowing for controlled access onto Meridian Road; and WHEREAS, Meridian Group Associates, LLC owns the subject property and has requested the proposed map amendments; and WHEREAS, Meridian Group, LLC is requesting the subject property have the land use designation changed from Urban Residential to Urban Mixed Use to better accommodate urban development in proximity to the new infrastructure improvements; and WHEREAS, the plan amendment is consistent with surrounding development and the goals and policies of the City of Kalispell Growth Policy Plan -It 2035; and WHEREAS, the Kalispell City Planning Board held a public hearing on March 12, 2019 at 6:00 PM in the Kalispell Council Chambers after due notice to the public and received comments upon the proposal and evaluated the proposed plan amendment in accordance with the goals and policies of the Kalispell City Growth Policy Plan -It 2035; and WHEREAS, the City of Kalispell Planning Board did adopt staff report KGPA-19-01 as findings of fact; and WHEREAS, the adoption of this resolution would effectively amend the Kalispell Growth Policy Plan -It 2035 Map to reflect 5.79 acres of the subject properties being changed to the Urban Mixed Use land use category; and NOW THEREFORE BE IT RESOLVED, that the Kalispell City Planning Board recommends to the Kalispell City Council, Exhibit A — Isackson Growth Policy Future Land Use Map Amendment, be adopted as an amendment to the Kalispell Growth Policy Plan -It 2035. March 12, 2019 President Kalispell City Planning Board