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I1. Colton Lee GPA (Reso 5979), Annexation (Reso 5980) and Zoning (Ord 1844)Planning Department 201 V Avenue East CITY OF Kalispell, MT 59901 KALISPELL phone: 940 Fax: (406) 6) 758-773-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KGPA-20-01 — Colton Lee Communities — Growth Policy Amendment MEETING DATE: July 6, 2020 BACKGROUND: A request has been submitted by Colton Lee Communities, LLC for a growth policy amendment, annexation and initial zoning for a 3.27-acre parcel of land. The requests are being made in order to allow for the development of a multi -family residential project. The subject property is located at 216 Hutton Ranch Road to the east of Hilton Homewood Suites, and can be more particularly described as Tract 1 of COS 21115 in the North 1/2 of Sec 31, T29N, R21W, P.M., M., Flathead County, Montana. The proposed growth policy amendment would change the land use designation on the Kalispell Growth Policy Future Land Use Map from "Urban Residential" to "Commercial." The applicants are also requesting annexation of the property with an initial zoning designation of B-2, which is an appropriate zoning designation for the Commercial land use category. The Kalispell City Planning Board held a duly noticed public hearing May 12, 2020, to consider the application requests. Staff presented staff report KGPA-20-01/KA-20-01 providing details of the proposal and evaluation. No public comments were received. A motion was presented to adopt the staff report as findings of fact and recommend to the Kalispell City Council that the growth policy amendment be approved and that the property be annexed with an initial zoning of B-2. Board discussion concluded that the requests were appropriate, and the motion passed unanimously on a roll call vote. The Kalispell City Council, at their meeting on June 1, 2020, approved Resolution 5973, which set a public hearing date on the growth policy amendment of June 15, 2020, in accordance with 7-15-4214 and 7-15-4215, M.C.A. At the public hearing, Council took public comment on the proposal. A representative for the applicant spoke at the hearing and no other comments were received. RECOMMENDATION: It is recommended that the Kalispell City Council make a motion to approve Resolution 5979A, a resolution amending the Kalispell Growth Policy Future Land Use Map from Urban Residential to Commercial Use on 3.27-acres of land described as Tract 1 of Certificate Of Survey 21115 in the North half of Section 31, Township 29 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 5979A, 5979B, 5979C Annexation and Initial Zoning Memorandum Annexation Resolution 5980 Zoning Ordinance 1844 May 12, 2020, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 5979A A RESOLUTION ADOPTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON A 3.27 ACRE TRACT OF LAND MORE SPECIFICALLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 21115 IN THE NORTH HALF OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "URBAN RESIDENTIAL" TO "COMMERCIAL". 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, Colton Lee Communities, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 3.27 acres located at 216 Hutton Ranch Road from "Urban Residential" to "Commercial" to allow for the development of a multi -family residential project; and WHEREAS, the property is located at 216 Hutton Ranch Road to the east of Hilton Homewood Suites, and can be more particularly described as Tract 1 of COS 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on May 12, 2020, 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-20-01 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-20-01 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on June 1, 2020 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5973, 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 June 15, 2020; and WHEREAS, on June 15, 2020 the Kalispell City Council, after due and proper notice, held a public hearing on Colton Lee Communities, LLC request and received one (1) oral public comment regarding the application and the Kalispell Planning Department report #KGPA-20-01; 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-20-01, and to amend the designation of the above described property described as Tract 1 of COS 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana from "Urban Residential" to "Commercial" 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 Tract 1 of COS 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana from "Urban Residential" to "Commercial" in the Growth Policy as fully described in Kalispell Planning Department report #KGPA- 20-01 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 6TH DAY OF JULY, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk RESOLUTION NO. 5979B A RESOLUTION REVISING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON A 3.27 ACRE TRACT OF LAND MORE SPECIFICALLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 21115 IN THE NORTH HALF OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "URBAN RESIDENTIAL" TO "COMMERCIAL". 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, Colton Lee Communities, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 3.27 acres located at 216 Hutton Ranch Road from "Urban Residential" to "Commercial" to allow for the development of a multi -family residential project; and WHEREAS, the property is located at 216 Hutton Ranch Road to the east of Hilton Homewood Suites, and can be more particularly described as Tract 1 of COS 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on May 12, 2020, 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-20-01 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-20-01 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on June 1, 2020 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5973, 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 June 15, 2020; and WHEREAS, on June 15, 2020 the Kalispell City Council, after due and proper notice, held a public hearing on Colton Lee Communities, LLC request and received one (1) oral public comment regarding the application and the Kalispell Planning Department report #KGPA-20-01; 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-20-01 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 Tract 1 of COS 21115 in the North half of Section 31, Township 29 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-20-01 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 6TH DAY OF JULY, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk RESOLUTION NO. 5979C A RESOLUTION REJECTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON A 3.27 ACRE TRACT OF LAND MORE SPECIFICALLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 21115 IN THE NORTH HALF OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "URBAN RESIDENTIAL" TO "COMMERCIAL". 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, Colton Lee Communities, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 3.27 acres located at 216 Hutton Ranch Road from "Urban Residential" to "Commercial" to allow for the development of a multi -family residential project; and WHEREAS, the property is located at 216 Hutton Ranch Road to the east of Hilton Homewood Suites, and can be more particularly described as Tract 1 of COS 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on May 12, 2020, 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-20-01 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-20-01 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on June 1, 2020 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5973, 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 June 15, 2020; and WHEREAS, on June 15, 2020 the Kalispell City Council, after due and proper notice, held a public hearing on Colton Lee Communities, LLC request and received one (1) oral public comment regarding the application and the Kalispell Planning Department report #KGPA-20-01; 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 3.27 acres of land from "Urban Residential" to "Commercial" 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-20-01 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 6TH DAY OF JULY, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk Planning Department 201 1' Avenue East CITY OF Kalispell, MT 59901 phone: ]KA11,11SPE11,11, 6) 7 -773940 Fax: (40587739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KA-20-01 — Colton Lee Communities — Annexation and Initial Zoning Request MEETING DATE: July 6, 2020 BACKGROUND: A request has been submitted by Colton Lee Communities, LLC for a growth policy amendment, annexation and initial zoning for a 3.27-acre parcel of land. The requests are being made in order to allow for the development of a multi -family residential project. The property is currently zoned county SAG-10 and the requested zoning designation is B-2 (General Business). The proposed growth policy amendment would support B-2 zoning for the property. The subject property is located at 216 Hutton Ranch Road to the east of Hilton Homewood Suites, and can be more particularly described as Tract 1 of COS 21115 in the North 1/2 of Sec 31, T29N, R21W, P.M., M., Flathead County, Montana. The Kalispell City Planning Board held a duly noticed public hearing May 12, 2020, to consider the application requests. Staff presented staff report KGPA-20-01/KA-20-01 providing details of the proposal and evaluation. No public comments were received. A motion was presented to adopt the staff report as findings of fact and recommend to the Kalispell City Council that the growth policy amendment be approved, and that the property be annexed with an initial zoning of B-2. Board discussion concluded that the requests were appropriate, and the motion passed unanimously on a roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 5980, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation Tract 1 of Certificate Of Survey 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1844, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Tract 1 of Certificate of Survey 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, as City B-2 (General Business), 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. c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5980 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 21115 IN THE NORTH HALF OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS COLTON LEE COMMUNITIES ADDITION NO. 448, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell received a petition from Colton Lee Communities, LLC, the owner of the above -referenced property, requesting the City of Kalispell annex the territory into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-20-01, dated May 6, 2020; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City B-2, General Business, upon annexation into the City of Kalispell; and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property described as Tract 1 of COS 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 6TH DAY OF JULY, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1844 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 TRACT 1 OF CERTIFICATE OF SURVEY 21115 IN THE NORTH HALF OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Colton Lee Communities, 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 B-2 on approximately 3.27 acres of land; and WHEREAS, the property is located at 216 Hutton Ranch Road; and WHEREAS, Colton Lee Communities, LLC's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-20-01, dated May 6, 2020, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, 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. KA-20-01. 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 B-2, General Business, on approximately 3.27 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 20TH DAY OF JULY, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING May 12, 2020 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Kurt Vomfell, Rory Young, Doug Kauffman, Ronalee Skees, George Giavasis and Joshua Borgardt. PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Kauffman seconded a motion to approve the minutes of the March 10, 2020 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KA-19-02 — VANDER ARK File #KA-19-02 — A request from Matthew Vander Ark to annex a ANNEXATION 2.39-acre parcel into the city and zone the land R-3 (Residential) upon annexation. The subject property is currently within the county and zoned county SAG-10. The property is developed with a single-family residence and accessory structure. Water and sanitary sewer service are in the vicinity of the property and upon annexation extensions can be constructed to serve the property. The property is located at 155 Three Mile Drive. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-19-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city R-3 (Residential). BOARD DISCUSSION Young asked that since this annexation would create an island between the city utilities and the parcels behind the subject property would the applicant be required to run the utilities to the very back property line for future connections? Sorensen advised that the applicant has not entered the design phase yet and that will be determined once designs are submitted. PUBLIC HEARING None. MOTION Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-02 as findings of fact and recommend to the Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Pagel Kalispell City Council that the property be annexed and the zoning for the entire property be city R-3 (Residential). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Rory Young recused himself from #KA-20-01 & #KGPA-20-01 because he is a representative for the applicant. KA-20-01 & KGPA-20-01 File #KA-20-01 and #KGPA-20-01 — A request from Colton Lee COLTON LEE COMMUNITIES Communities, LLC, to annex a 3.27-acre parcel into the city with an initial zoning designation of B-2 (General Business) upon annexation. The subject property is currently within the county and zoned county SAG-10. It is undeveloped at this time, although city services are available. The request also includes a growth policy amendment for the property. It is currently designated as Urban Residential and the proposed amendment would change the designation to Commercial_ The property is located at 216 Hutton Ranch Road. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-20-01 and #KGPA-20-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-20-01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Urban Residential to Commercial on the entire property. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property be annexed and zoned B-2 (General Business) upon annexation. BOARD DISCUSSION Graham asked for clarification on the undeveloped property between the subject property and Stillwater River. Sorensen clarified that the intent of this entry in the staff report was to show that on the other side of the river there is some single family and office use development near the subject property. PUBLIC HEARING None MOTION — KGPA-20-01 Vomfell moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports #KGPA-20-01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Urban Residential to Commercial on the entire Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Page 12 property. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KA-20-01 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property be annexed and zoned B-2 (General Business) upon annexation. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Young re -seated KA-20-02 — BEHE File #KA-20-02 — A request from Connie Behe to annex an ANNEXATION approximately 0.5-acre parcel into the city with an initial zoning designation of R-2 (Residential) upon annexation. The subject property is currently within the county and zoned county R-2. The property is developed with a single-family residence. The annexation request is due to an existing septic field for the residence which is failing. City sanitary sewer service is adjacent to the property as the Westside Interceptor sanitary sewer line was recently installed within the Two -Mile Drive right-of-way. The property is located at 1100 Two Mile Drive. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-20-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city R-2 (Residential). BOARD DISCUSSION None. PUBLIC HEARING Sorensen read the email from Sara Ebert (attached). MOTION - ORIGINAL Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-20-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city R-2 (Residential). Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Page13 BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the status of the Kalispell Trail. NEW BUSINESS Nygren updated the board on June agenda and introduced new Planner II, Rachel Ezell. ADJOURNMENT The meeting adjourned at approximately 6:31pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, June 9, 2020 at 6:00 p.m. and is in the Kalispell City Council Chambers, 201 1st Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Page 14 COLTON LEE COMMUNITIES REQUEST FOR GROWTH POLICY AMENDMENT STAFF REPORT #KGPA-20-01 ANNEXATION AND INITIAL ZONING OF B-2 UPON ANNEXATION STAFF REPORT #KA-20-01 KALISPELL PLANNING DEPARTMENT May 6, 2020 This is a report for the Kalispell City Planning Board and the Kalispell City Council regarding a request from Colton Lee Communities, LLC for a growth policy amendment, annexation, and initial zoning of B-2 (General Business) for a 3.27 acre parcel of land. A public hearing has been scheduled before the Planning Board for May 12, 2020, 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: Colton Lee Communities, LLC 940 Emmert Ave, Suite 200 Belmont, CA 94002 B. Background Information: A request has been submitted by Colton Lee Communities, LLC for a growth policy amendment, annexation, and initial zoning of B-2 on 3.27 acres of land. The property is currently owned by Flathead Valley Community College. The growth policy amendment is necessary to designate the property as B-2 upon annexation. The subject property is currently within the county and zoned county SAG-10. It is undeveloped at this time, although city services are available. There are presently no specific development proposals, but it is anticipated that it will develop as multi -family residential with a commercial component. It is currently designated in the Growth Policy as Urban Residential and the proposed amendment would change the designation to Commercial. C. Location and Legal Description of Property: The subject property is generally located near Hutton Ranch Plaza to the east of Hilton Homewood Suites at the northwestern portion of the roundabout on Hutton Ranch Road. The property address is 216 Hutton Ranch Road and can be described as Tract 1 of COS 21115 in the North '/z of Sec 31, T29N, R21W, P.M., M., Flathead County, Montana. 1 D. Existing Zoning: The subject property is currently zoned county SAG-10, which, under the Flathead County zoning regulations, is a "district to provide and preserve agricultural functions, and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate -type residential development." E. Proposed Zoning: The proposed zoning for the property upon annexation is B-2 (General Business), which is a "district which provides for a variety of sales and service establishments to serve both the residents of the area and the travelling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would typically be found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use map." F. Existing Land Use: The subject property is currently undeveloped on generally flat land adjacent to a major retail development. Kalispell Zoning Exhibit -April 16th, 2020 Zming a i� one. S 11911 a H�f�' IfAlEfi31 Re6ycvNal TA Falfllp RB50entla uwwamly Fresoernal '�� 9e&:e'ILL349artr'IenG"J".ce ILA Subject Property G. Adjacent Land Uses: North: Retail center & undeveloped East: FVCC accessory facilities South: Retail center, FVCC & undeveloped West: Retail center H. Adjacent Zoning: North: City B-2/PUD & County SAG-10 East: County SAG-10 South: City B-2/PUD & County SAG-10 West: City B-2/PUD P-1 1PI—mg R-1 P-1Kaept. 2 I. General Land Use Character: The subject property sits at the edge of Hutton Ranch, one of the larger retail centers in the valley. It is next to Hilton Homewood Suites and the movie theatres as well as being across the street from Wal-Mart. At the same time, this property is part of an extensive amount of undeveloped land owned by Flathead Valley Community College on the other side of Hutton Ranch Road. The undeveloped property runs to the Stillwater River with a mix of primarily residential uses and some offices on the east side of the river. The college is selling this portion of the property to the applicant. J. Utilities and Public Services: City Water Sewer: City of Kalispell upon annexation Water: City of Kalispell upon annexation Refuse: Private contractor Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95, Edgerton Elementary Fire: City of Kalispell upon annexation Police: City of Kalispell upon annexation 3 f(aispell Growth Policy Exhibit -April 16th, 2020 NOEM 1100 Two Mile Dr ®sp Neighborhood H elyhn HhhW ComrnenZal Commercial ® lnouc,nal = - uman M1XM use -„gno Wy R.W VW u Nan Resaennal - SUPIIGan ReslGeneal - CA} klfpcFt + ■ PUPPCAuael Pubic, Open spare - FW.WQ p r Urban Residential nmercial�, Subject _ •,�" Property la'!. - . - "� Public or Open Space I - _ a[e 4 1&2027 - Ka,is Pe 11 Planning Dept _ h: ,A262[P041 B rrwxa K. Existing Growth Policy: The existing designation of the property under the growth policy is Urban Residential. The proposed designation is Commercial. The current city limits line follows the boundary between the existing Commercial and Urban Residential designations. The boundary line in the growth policy followed existing property lines when established and pre -dated the extension of Hutton Ranch Road as a looped connection to Reserve Drive and the Bypass. At that time, the subject 3.27 acre property was part of the larger property to the east, but was split from the larger tract with the construction of the road extension. 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; • Transportation; and • Public infrastructure and services. The Growth Policy Future Land Use Map depicts the subject property as Urban Residential. The applicant is requesting a growth policy amendment for the portion of the property that is Urban Residential be changed to Commercial. Cl 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. Commercial is anticipated along major arterials to provide areas for commercial uses that require space for outdoor display of merchandise as well as general retail, offices, restaurants, and other uses consistent with general business zoning districts, including multi -family. The expansion of additional commercial districts along arterials is anticipated to occur at such time as the development or redevelopment of existing commercial districts have significantly developed to avoid the creation of new commercial district and leapfrog development. Expansion of commercial areas should be contingent upon the provision of public services and adequate infrastructure with consideration given to anticipated impacts on the neighborhoods, streets and the natural environment. 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 have been recent upgrades in the text of the Kalispell Growth Policy, there has not been a significant recent review of the Kalispell Growth Policy Future Land Use Map in this area. The Growth Policy provides that updates should be considered when there are significant changes such as changes in public infrastructure and services. Originally, the boundary line in the growth policy followed existing property lines when the Land Use Map was established. That map pre -dated the extension of Hutton Ranch Road as a looped connection to Reserve Drive and the Bypass. At that time, the subject 3.27 acre property was part of the larger property to the east, but was split from the larger tract with the construction of the road extension. 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 Commercial 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? 5 Growth Management: Two primary mechanisms for managing growth in the City of Kalispell are (1) to rely on redevelopment and infill within the current City limits; and (2) 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 Commercial 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 infill 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 only 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. " Commercial zoning districts provide for a variety of housing options in addition to the more expected business uses. The proposed land use change to Commercial allows for a greater diversity of housing options than under the current designation. 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 potential development as multifamily or a variety of other commercial uses. The subject property is adjacent to Hutton Ranch Road, with ready access to Highway 93 and the Bypass. It is immediately adjacent to a major retail center and would utilize the same public infrastructure serving the existing development, with adequate streets and utilities available for commercial development. 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 Commercial provides 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. The Commercial land use designation would be an extension of the existing Commercial designation within the city limits to the north, west and south. The existing Urban Residential designation covers property located outside the city limits on property currently owned by FVCC. Land Use: The subject property related to the requested growth policy amendment is currently undeveloped. Future development of the property at a higher intensity than the current designation is logical and a natural extension of the existing development in the area. 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 commercial uses, including multi -family residential. This land use designation change is a reasonable request due to how the neighboring properties have developed and completion of infrastructure projects. Those projects include the construction of the Hutton Ranch Road extension as a connection to the north end of the bypass and the extension of city water and sewer to the property. The infrastructure improvements have dramatically changed the conditions in the area and its development potential. Business and Industry: Chapter 4 — Business and Industry Goal 1 states, "encourage the development and growth ofprosperous 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. " Without the growth policy amendment, zoning for the property would limit uses to primarily single- family or low -density multi -family developments. As land immediately adjacent to an existing high -density commercial area and bounded on the east by an arterial, the existing designation does not provide for a coordinated development pattern. A change to a commercial designation allows for more compatible development. 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 within an urban area, surrounded by existing development and an arterial. There are no apparent environmental impacts or site hazards. 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 affected by the proposed land use change. Any development that happens on the site will be reviewed at the time a building permit or other specific development proposal is submitted, and the appropriate recreational amenity standards will be placed on a development at that time, if applicable. Transportation: Chapter 8 on Transportation includes a policy to "coordinate land use and transportation so higher -intensity development is located in well -established areas near arterial and collector streets." The subject property is located adjacent to a major retail center and an arterial street. It is appropriate for the property to develop with a higher -intensity use than would currently be allowed under the existing Urban Residential designation. Infrastructure and Public Services: Infrastructure and the provisions of public services are among the highest priority issues for service providers in the growth policy area. Adequate provision of services for new development in both the rural and urban areas are important considerations when rA 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 ofservices plan. " Sewer service is located south of the property within Hutton Ranch Road. Future development of the site would include extending services to the property and extending the main 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. There is an existing water main at the south end of the property in Hutton Ranch Road. "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. 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. E: 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 Commercial 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 fare companies to be able to handle demand and provide effective fare and EMS response and mitigation." 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 Commercial land use category Policies: "All new construction, occupancy remodeling and/or change of documented occupancy use shall be required to comply with adopted fare, electrical and building codes. " Future development of the site will be required to comply with the Uniform Fire Code and International Fire Code. C IL ANNEXATION EVALUATION 1. Compliance with the growth polices Two primary means for managing growth in the City of Kalispell are redevelopment/infill within the current city limits and annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. Chapter 9, Public Infrastructure and Services, includes a goal to "make public water and sewer available to areas that are in close proximity to services," and annexation allows for such extensions to happen. In addition, the city council adopted an annexation policy in 2011, with a corresponding map, as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the Planning Board, the Council, and the development community direction when property owners outside of the city limits are requesting annexation. The property proposed for annexation is adjacent to the city limits and falls inside the city's direct annexation boundary. 2. Municipal Services: Municipal water and sewer mains are located within Hutton Ranch Road bordering the property on the south and can be readily extended by the applicant to serve the site. The site is currently protected by the West Valley Kalispell Rural Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from Rural Fire District. At the time of annexation, the property will be served by the Kalispell Fire Department. The site lies approximately 2500 feet from fire station 62 and is readily serviceable by the city fire, police and ambulance services, all of which now respond to the adjacent neighborhoods within the City of Kalispell. Given the level of existing services available to and in place, annexation of the property will not overburden the municipal services in place. 3. Distance from current city limits: The subject property is immediately adjacent to the existing city limits line along its western and northern property lines. It is a logical extension of the existing city limits. 4. Cost of services: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction Standards and any other development policies, regulations or ordinances that may apply. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis — Initial Annexation. The analysis is only an estimate based on a variety of 10 assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The property is currently undeveloped. The total cost of services is estimated to be $0 per year. Based on the city's taxation and assessment policies, the property will generate approximately $2,383 per year in total annual revenue to the city ($1,133 in taxes and $1,249 in assessments). Based on this analysis, the annexation will be net gain to the city of $2,383. II. INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county SAG-10. The applicants are requesting city B-2. The Kalispell Zoning Regulations state that the intent of the B-2 zoning district is to "provide for a variety of sales and service establishments to serve both the residents of the area and the travelling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would typically be found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use map." 1. Does the requested zone comply with the growth polio The Kalispell Growth Policy Future Land Use Map currently designates the subject property as Urban Residential. However, the applicant has included an application to amend the growth policy designation to commercial. As mentioned above, the B-2 Zoning District would typically be found in areas designated as Commercial on the Kalispell Growth Policy Future Land Use Map. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? Upon annexation, there will be no change in use on the property and no impact on transportation. When the property redevelops, traffic impacts would be reviewed as part of a subdivision or conditional use permit. It is adjacent to Hutton Ranch Road with a likely access off of the existing roundabout next to the southeastern portion of the property. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police and fire protection, water and sewer service are 11 currently available to the area. 4. Will the requested zone promote the public health, safe . 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 classification of B-2 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property. Specific details for provision of services will be addressed when the property develops. 7. Will the requested zone promote compatible urban growth? The requested city B-2 Zoning District is similar zoning as the surrounding city properties and is consistent with the type of growth projected for this area in the Growth Policy. This zoning district maintains and is compatible with the established land use pattern in this area. Does the reauested zone live consideration to the character of the district and its barticular suitabili . for particular uses? The proposed B-2 Zoning District is consistent with the adjacent commercial development of the area. It also gives due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. Specific aspects of any future development on the property will be reviewed at the time of development consistent with regulations then in effect. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the B-2 Zoning District will promote compatible and like uses on this property as are found on other properties in the area. 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 and compatibility with the surrounding neighborhoods. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? 12 Urban scale development should be encouraged in areas where services and facilities are available. In this case, sanitary sewer and water are located within the public right-of-way adjacent to the property. The proposed zoning is consistent with the proposed growth policy future land use designation and is compatible with current zoning in the immediate area. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-20-01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Urban Residential to Commercial on the entire property. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property be annexed and zoned B-2 (General Business) upon annexation. 13 KALISPELL 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: HUTTON RANCH LOT 1 2 NAME OF APPLICANT: COLTON LEE COMMUNITIES LLC MAIL ADDRESS: 1014 SOUTH WESTLAKE BLVD, SUITE 14 3. CITY/STATE/ZIP: WESTLAKE VILLAGE, CA, 91361 PHONE: (805) 496 4112 NAME AND ADDRESS OF OWNER/S IF DIFFERENT THAN APPLICANT: 4. NAME: FLATHEAD VALLEY COMMUNITY COLLEGE 5. MAIL ADDRESS: 777 GRANDVIEW DRIVE 6. CITY/STATE/ZIP: KALISPELL, MONTANA, 59901 PHONE: (406) 756 3822 7. TECHNICAL ASSISTANCE: JACKOLA ENGINEERING & ARCHITECTURE 8. MAIL ADDRESS: 2250 HWY 93 S 9. CITY/STATE/ZIP: KALISPELL, MT, 59901 PHONE: (406) 755 3208 If there are others who should be notified during the review process, please list those. A. Property Address: 216 HUTTON RANCH RD, KALISPELL, MT, 59901 B. Total Area of Property: 3.27 Ac C. Legal description including section, township & range: TRACT 1 ON COS 21115 N 1/2 OF SEC.31, T.29N., R.21W., P.M., M. 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 this site is that it is the only lot on the west side of the recently created Hutton Ranch Road that is identified as being for residential development. The remainder of the parcels between Hwy 93 and Hutton Ranch Road are designated B-2, General Business. The growth policy map was created at a time when the Hutton Ranch Road did not exist and it made sense for the land between Hutton Ranch and the Stillwater River to be designated Residential. The construction of Hutton Ranch Road left a 3 Ac lot that would more logically be in the Commercial area. Goals: The goal of this application is to remove the single 3 Ac lot from the Residential designation and re -assign it to a more logical Commercial zone Policy: With the Growth Policy Amendment the applicants are also proposing a zone change application that would zone the lot B-2 Commercial which is the same as the adjacent parcels on the West side. b. Project feasibility and a schedule showing the timeframe in which each phase will be completed. There are currently conceptual plans to develop a number of multi -family units as well as a small commercial location. Timeline for the development is dependent on uptake in the market but the first building could be under construction as early as this fall. c. A showing of the conformance of this amendment with the growth policy overall. The following Goals and Policy of the Kalispell Growth Policy Plan -It 2035 show conformance with the proposed Amendment: Growth Management: ENCOURAGE HOUSING TYPES THAT PROVIDE HOUSING FOR ALL SECTORS AND INCOME LEVELS WITHIN THE COMMUNITY. Land Use: Housing: 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: ENCOURAGE THE DEVELOPMENT AND GROWTH OF PROSPEROUS COMMERCIAL AND INDUSTRIAL DISTRICTS, EACH WITH A VIABLE MIX OF BUSINESSES, SUITABLE INFRASTRUCTURE, AND A COORDINATED DEVELOPMENT PATTERN THAT REDUCES BUSINESS COSTS AND INCREASES BUSINESS OPPORTUNITIES. Urban Mixed -Use Areas: 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. A convincing showing of need. The City of Kalispell continues to experience healthy growth which is adding pressure to the supply of adequate housing. The City needs to continue its recent development of multi -family residential units. This change in the Growth Policy Map will further the supply of multi -family housing and commercial opportunities in a suitable location. e. A showing of neighborhood compatibility. The remainder of the parcels between Hwy 93 and Hutton Ranch Road are designated B-2, General Business. The upcoming annexation and zone request for the same B-2 zoning is totally compatible with the surrounding neighborhood. f. A showing of transportation impacts and general proposed mitigation measures. The property is located near the busy Highway 93 which is a major arterial just to the west of the property. Access to this Highway exists via Hutton Ranch Road which is a minor arterial and would provide the driveway access to the property. The east property boundary of the subject site is located directly on Hutton Ranch Road and there is a roundabout to direct traffic. The northern eastern property boundary would be the obvious location to provide controlled access into the site and no mitigation measures are anticipated. g. A listing of the environmental impacts associated with the plan amendment. The subject property is not located in a floodplain, riparian area, wetland, wildland urban interface, or area of unstable soils. There does not appear to be any environmental issues associated with the subject property. h. A listing of all know site hazards and general mitigation strategies There do not appear to be any site hazards associated with the subject property. A strategy for the adequate provision of local services: City services including water and sewer are available in the adjacent Hutton Ranch subdivision. Both police and fire service will be provided by the City of Kalispell. The subject lot is within a half mile of the Kidsports complex and trails or sidewalks connect the two. The lot will deal with storm water on site unless use can be made of the storm system in the Hutton Ranch Road. The lot falls within School District 5. Dry utilities will be provided from the adjacent commercial development. j. A showing of the appropriateness of the proposed location of the project. The proposed use of this property is appropriate as it is the same as the adjacent property. 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 proposed use of this property does not depart from the growth policy. The reason for the change is update the Growth Policy to take into account the change brought about by the construction of the Hutton Ranch Road. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: See Below: 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 planning(d)kalispell.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.* Note verify with the Flathead County Clerk and Recorder that the legal description submitted is accurate and recordable. The Flathead County Clerk and Recorder can be reached at (406) 758-5526. 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. M 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; (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. (b). 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. , )d lrl'_� 2 ::�2� (App scant Signature) (Date) I � R � I �Ou �Rd� 3�En i� i s y - lffi o i R z3 M.R w H-H .5 i—f N11°�8{jj'H-WGP9'151T61 - ��_ �°��g�z�e ANA ��1°22'04^W � � I � 9 —PEp i1J1t81 19]170'11g320i'1 / �,� ¢ PLAZ MOUNSUa Ns10N yV �; �g� } .ts'ass a.sz. ° n / Ite'sesl _o Wo A z a •Ob.�1' chi ox2Xe y aWz_ =^_ b c �I g�� rgl w a �M ai tl pQ 3 -- o I a �ym�a H � moo m� 9 ya oLLNF ^o 6411ma ="„t w w z ga W 8wo w m r w I,iw �5$ m'¢ ea =,�yN o 0 Laa� a 5 zc- oue e :t Sv S 5$m:"u c if is o m w mQm6 3oa-'oq eaam� 3 a'rmii �g8g�55r^aq�,e ��m I v n�n�FnWS�wvr^��e�e^ �,z-,m `o1O$m z u Gd � ,gym ,oq'�r'n momN�ePi,m j� G� Y aW t C° 1 9 y° oaS ° 5 �$omn�Nm °a ` m�w�m�m v mffiv� w u a i `°i v ^n^'u'i rxo w • � 4ch c�m6 $z:zi�r• 0'RioB' C"a ¢w N z_z $ ioz'd x 0 o `e'a - o� wWtW W As - . aa a �� F:s � vevve evva�v$umu v, a m -r3 w w F`m5 ems¢ zd 2A, v¢ z ¢ z � SsE�3 33 w 3 i 3 e °E m c��arPo mw EB Fm .m anffi E�gma�En E'$Emry:m,..v�nm��,E$E'.e $,E�P�cs EbE dozze8��°c�c� �cm,m^°�z zt;'-9`�zEe ,^,w&�za°m5 `a .ate � �N.w mm crosm °v Nm mW $ozo =�S �mm m1eo mymy z$ �B wB�"'a3cF„mNu9ac��'w mw mw sw !; m�dw�`d�E��«mg.ws�= m §SP-'m gE €$gym -mew=qY �€ Y�acuwi � g�- �-"em'uv4:a �e :f € R'is .g m$E$ 9$r�a ��R �'� E m Fg &o=g'�a«dooe �•,,.„ vim ii% 5$tEaaa�.�� mS �6 ma9S �°�m �SaS9�m�m c dc,m Ev °€nm�a m9 P;m9 A'E�E«'Sa m'e' dl$v _ _= 9_�a""a "e{n$'e '�w qw cw'$4zEo.^.bm 'oLL u`ncm 5mmmc bLL m➢Sm�Y�mr4E¢m. mmm�� m$ma m,°E mmm.�:mt � �im�m,m:°°`cwcm u,��itwNw u� trBmj��w «fig mc3a to° c z`_i; 8=w v�u➢Wv§vim; °`'a ?dog°E_.£m0-umc£w5w-W3�� " .m X�r°i$mY�WmmdES E.Ee ino.9Amm�roEzY� mmNV'°¢m'n e.£�� m c°-i`ag a.s°Fc g ° ocm n cv 2r�'E�cmc��i iad Sq fic_d$wmcm�nWm c,$ mcv`S. d�mmm m E§a"c ^m E..E=.E�E§Eg E••En•5 ti u_®mc%m E6� .E�'E �vnEEnETE7 SY SN�E&a$vSEg 5,o `of £mY�E�`oe8*�vo rn�E,Ym�vSy,o"„j`o�+e�8ry e�� Planning Department 201 1" Avenue East cr'rx OF Kalispell, MT 59901 ALISPELL Phone: (406) 940 Fax: (406) 758-7738-7739 www.kalispell.com/planning PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: COLTON LEE COMMUNITIES LLC MAIL ADDRESS: 1014 SOUTH WESTLAKE BLVD, SUITE 14 CITY/STATE/ZIP: WESTLAKE VILLAGE, CA, 91361 INTEREST iN PROPERTY: PURCHASER / DEVELOPER Other Parties of Interest to be Notified: PHONE: (805) 496 4112 PARTIES OF INTEREST: JACKOLA ENGINEERING & ARCHITECTURE MAIL ADDRESS: 2250 HWY 93 S CITY/STATE/Z1P: KALISPELL, MT, 59901 PHONE: 406 755 3208 INTEREST IN PROPERTY: TECHNICAL ADVISER PLEASE COMPLETE THE FOLLOWING: Address of the property: 216 HUTTON RANCH RD, KALISPELL, MT, 59901 Legal Description: TRACT 1 ON COS 21115 (Lot and Block of Subdivision; Tract #) N 1/2 OF SEC.31, T.29N., R.21W., P.M., M. (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): 3.27 Ac Current estimated market value $800,000 at 100% build out $8,000,000 at 50% build out $4,000,000 Is there a Rural Fire Department RSID or Bond on this property Yes_ No If yes remaining balance is $ The present zoning of the above property is: COUNTY - UNZONED The proposed zoning of the above property is: B-2 State the changed or changing conditions that make the proposed amendment necessary: Incorporation into the City would allow for development of this lot in a use similar to the adjoining existing City B-2 business zone. The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the prope r routine inspection during the annexation process. 04/06/2020 (Applicant) (Date) APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS 1. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning classifications. 2. Completed application form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an Exhibit A, legal description of the property. 4. Application fee based on the schedule below and made payable to the City of Kalispell. Fee Schedule: Annexation (includes initial zoning) $250 + 3Ac *$20 $250 plus $20/acre = $310.00 5. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. 0 Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the WEST VALLEY Rural hire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of S years from date of annexation. 04/06/2020 —1 41�7� Petitioner/Owner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead Cotuity On this day of��, , the State of Montana, personally appeared 6Z to me to be the person whose name is subscribed to me that he/she executed the same. IN WITNF44 WHEREOF, I have hereunto set i year i thi Afr to firsWav��l�i}t'R11411 e►aYAe l �2 NOTARY PUBLIC for the $' r State of Montana SI:Residing at Kalispell, Montana pry ;�� My Commission Expires oF�ers October OB, 2021 STATE OF MONTANA } ss County of Flathead County before me, the Printed a Notary Public for known and acknowledged Seal the day and Commission exDAres: ' if) On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: 2 6� 10 ' am zzz z ��!N °J�Zizizzzg'z zJzizzizz 7� o1 IMP rMy 0� }}4.. 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Neighborhhod Commercial Commercial - Industrial Urban Mixed Use High Density Residential Urban Residential Suburban Residential City Airport -Gov. Public/Quasi Public, O ens ace p p r + . Floodway Urban Residential Commercial E Subject Property Public or Open Space i%fk .. «I,/ (,T Kalispell Planning Dept. 0 500 1,000 Fe Date: 4-16-2020 FilePath: J\2020\0416 - Kalispell Mailing List NORTH 216 Hutton Ranch Rd ® Subject Property E�_ Mailing List Parcels 11-11MIJI� 0 Flathead Valley Community College Sourc s: Esri, HEREI)armin, FAO, NOV\A`, SGS, OpenStreetMap contribu rand the GIS User �bm \ nity E06,- ),Kalispell Planning Dept. Date: 4-16-2020Mt. Cadastral Database: 4-16-20200 500 1,000 MONTANA Feet - Kalispell Zoning Exhibit -April 16th, 2020 NORTH 216 Hutton Ranch Rd_ Subject Property ^ Zoning Commerciale Neighborhood Business Light or Heavy industrial Health Care Residential/Professional Office ,;` ► � �g Residential } # + M Two Family Residential • Multi -family Residential r - Residential Apartment/Office • �i : it Public a + 4 .a B-2/PUD. Subject Property i P-1 R-1 CZ'IV ()f Kalispell Planning Dept. 0 500 1,000 Fe Date: 4-16-2020 RePath: J\2020\0416