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E2. Ordinance 1884, Eagle Valley Ranch ZoningCITY OF KALISPELL Development Services Department 201 Is' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1884— Eagle Valley Ranch Zoning/Amend Planned Unit Development MEETING DATE: July 18, 2022 BACKGROUND: A request from Spartan Holdings to amend the Eagle Valley Ranch PUD per Section 27.19.020(9)(a) of the Kalispell Zoning Ordinance to include an additional 6.78 acres to be known as Eagle Valley Ranch Addition. Section 27.19.020(9)(a) allows for the developer of the PUD to bring forth amendments, which shall be processed as an amendment to the official zoning map. The developer of Eagle Valley Ranch PUD has acquired land adjacent their development (Homefitters) and neighboring property (vacant) currently within the County. The request includes a zone change of the existing Homefitters building which is City R-2 to the Eagle Valley Ranch PUD, and annexation and initial zoning of surrounding County property from County SAG-10 to the Eagle Valley Ranch PUD. The goal of the change is similar to that of the original Eagle Valley Ranch PUD, which is to provide a diverse neighborhood close to existing services and commercial development on the north side of Kalispell. The proposal allows for inclusion of properties that are currently segregated from the Eagle Valley Ranch development. The subject property is generally situated along Highway 93 at 3201 Highway 93 North, south of Ponderosa Residential Subdivision. The property is more particularly described as Parcel A of COS 6557 and Tracts A and B of COS 17674 in the W 1/2, Section 19, T29 North, R21 West. P.M.M. Flathead County, Montana. The Kalispell City Council, at their meeting on July 5, 2022, approved the first reading of Ordinance 1884 relating to the zone change and planned unit development unanimously. RECOMMENDATION: INITIAL ZONING. ZONE CHANGE. AND PLANNED UNIT DEVELOPMENT: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1884, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property described as Parcel A of COS 6557 and TRACTS A and B of COS 17674 in the West '/2 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana to City RA-2 with the Eagle Valley Ranch PUD overlay, subject to 9 conditions, in accordance with Growth Policy Plan -IT 2035, and provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1884 May 10, 2022, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Public Comment Aimee Brunckhorst, Kalispell City Clerk Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1884 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY AMENDING ORDINANCE NO.1814, KNOWN AS THE EAGLE VALLEY RANCH PUD, BY ADDING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS PARCEL A OF COS 6557 AND TRACTS A AND B OF COS 17674 IN THE WEST ONE HALF OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST., P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Spartan Holdings, LLC, the owners of the properties described above, petitioned the City of Kalispell that the zoning classification attached to the above described 6.78 acre tract of land be zoned RA-2, Residential Apartment/Office, and amended to the existing Planned Unit Development overlay in the Eagle Valley Ranch PUD; and WHEREAS, the property is currently zoned County SAG-10 and City R-2, and is located at 3201 Highway 93 North; and WHEREAS, the petition of Spartan Holdings, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-22-03, in which the Kalispell Planning Department evaluated the petition and recommended that the existing Planned Unit Development overlay be amended to include the above described tract of land pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 10, 2022, and recommended that the Planned Unit Development overlay be amended to include approximately 6.78 acres of land, pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, after considering all the evidence submitted on the proposal to include the property in the existing Planned Unit Development overlay, the City Council finds such 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-22-03. 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 including the property described above in the existing Eagle Valley Ranch Planned Unit Development overlay. SECTION 2. The Planned Unit Development overlay amendment proposed by Spartan Holdings, LLC upon the real property described above is hereby approved subject to the following conditions: 1. The Planned Unit Development for Eagle Valley Ranch allows the following deviations from the Kalispell Zoning Ordinance: a. Kalispell Zoning Ordinance, Section 27.10.020 Permitted Uses — Allows the existing commercial building to operate as a retail use within its existing footprint. 2. All applicable conditions within Ordinance 1814 (Eagle Valley Ranch PUD) shall apply. 3. An all-weather access 20 feet in width shall be provided from the existing commercial building to Jefferson Boulevard prior to occupancy. 4. A City street providing access to the 6.78 acre property shall be installed with Phase 4 (northern residential lots) of the Eagle Valley Ranch PUD in substantial conformance with the conceptual drawing submitted in the application. 5. The Eagle Valley Ranch PUD design guidelines, bylaws and covenants shall be applied to this development, where applicable. 6. The billboard on the property shall be removed from the site prior to certificate of occupancy of the commercial building. 7. The developer shall obtain an approach permit from the Montana Department of Transportation for the approach onto U.S. 93 North. 8. The developer shall improve the properties U.S. 93 North frontage in accordance with Chapter 27.20.29 of the Kalispell Zoning Ordinance related to entrance corridor standards. 9. A 60-foot public right of way shall be dedicated to the property to the south with a subsequent preliminary plat application. SECTION 3. 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 4. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 18TH DAY OF JULY, 2022. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MAY 10. 2022 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffinan, Rory Young, Joshua Borgardt, Kurt Vomfell, Pip Burke, and Kevin Aurich. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. Keith Haskins represented the Public Works Department. ELECTION OF OFFICERS Graham asked if there were any nominations for President. Kauffinan (PRESIDENT) nominated Graham and Vomfell seconded the nomination. ROLL CALL The motion passed unanimously on a vote of acclamation. ELECTION OF OFFICERS Graham asked if there were any nominations for Vice -President. (VICE-PRESIDENT) Vomfell nominated Kauffman and Young seconded the nomination. ROLL CALL The motion passed unanimously on a vote of acclamation. APPROVAL OF MINUTES Vomfell moved and Kauffman seconded a motion to approve the minutes of the April 12, 2022, 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. MORNING STAR COMMUNITY — The planning board will receive public comments regarding the MEPA REQUIRED PUBLIC environmental review record for the proposed sewer and water project COMMENTS that will provide city service to the Morning Star Court Community, as required by the Montana Environmental Policy Act (MEPA). Morning Star Court is a cooperatively owned affordable -housing mobile home community, consisting of 41 residential units, located at 1717 South Woodland Drive, Kalispell, MT. The community is proposing to abandon their aged onsite water and wastewater infrastructure and connect to adjacent City of Kalispell services. At the public hearing the proposed project will be explained, including the purpose and proposed area of the project, activities, budget, possible sources of funding, environmental review findings and any costs that may result for local citizens as a result of the project. All interested persons will be given the opportunity to ask questions and express opinions regarding the proposed project and any environmental impacts. Comments may be given verbally at the meeting or submitted in writing prior to May 10, 2022, at 5 p.m. Anyone wanting to review the environmental review record and project impacts or submit questions and comments should contact Jonathan Gass at WGM Group, (406) 728-4611. Copies of the draft environmental record is available at Kalispell City Hall Development Services Department, 201 1st Avenue East, Kalispell, MT 59901 and will also be available at the public meeting. PUBLIC COMMENT Jon Gass w/ WGM Group, representative for Morning Star Community, presented a brief power point for the board and public about the project and the grants they are applying for. Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page I 1 KA-22-04 — MORNING STAR A request from Morning Star Community, Inc. for annexation and initial COMMUNITY ANNEXATION zoning of R-4 (Residential) for property located at 1717 South Woodland Drive containing 5.88 acres. The proposal would annex an existing mobile home park to allow for the units to connect to city sanitary sewer, which is located within the South Woodland Drive right- of-way. The property to be annexed and zoned can be described as Lots 23, 24, and the North Half of Lot 9 of Block 1 of Greenacres, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-22-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-4 (Residential). BOARD DISCUSSION Young asked about the road connections to the property on the south. PUBLIC COMMENT None. MOTION Vomfell moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-4 (Residential). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KA-22-02 & KPUD-22-01 - FARM Files #KA-22-02 and KPUD-22-01 — A request from Kelcey and DISTRICT Tawnya Bingham for annexation and initial zoning with a Commercial Planned Unit Development overlay on approximately 37.6 acres of land. The development, called the Farm District, would be a mixed -use development with a focus on an indoor youth athletic and arts facility along with commercial and residential uses. The property is located at the northwest corner of Highway 93 North and Church Drive and can be described as a tract of land situated, lying and being in the east half of the southeast quarter of Section 12, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana, and more particularly described as follows to wit: Lot 2 of Patterson Tracts, as shown on Certificate of Survey No. 17246 (both records of Flathead County, Montana) and containing 37.635 acres, subject to and together with a 60 foot county road known as Church Drive, subject to and together with all appurtenant easements of record. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-22-02 and KPUD-22-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-02 as findings of fact and Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page 12 recommend to the Kalispell City Council that the property be annexed and the zoning for the property be B-2 (General Business), with a PUD overlay. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-22-01 as findings of fact and recommend to the Kalispell City Council that the Farm District PUD be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Discussion regarding pulling building permits prior to final plat, condition 918 access off Church Dr, the geotechnical report requirement in condition 922 and site plans. PUBLIC COMMENT Eric Mulcahy — Land Use Planner, Sands Surveying, 2 Village Loop — representative for the applicant. Let the board know they are pleased with the conditions in the staff report. MOTION — KA-22-02 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report # KA-22-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be B-2 (General Business), with a PUD overlay. BOARD DISCUSSION Vomfell likes the project and feels it's very innovative. Graham noted he likes this visionary project and likes to see something coming though for youth. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-22-01 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-22- 01 as findings of fact and recommend to the Kalispell City Council that the Farm District PUD be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KPUD-22-02 — NOLLER TRUCK & A request from JCA Management, LLC, for a Commercial Planned Unit RV Development ("PUD") overlay on approximately 9.72 acres of land. The property is currently zoned B-2 with a placeholder PUD overlay, which requires a full PUD submittal prior to development. The proposal includes locating a truck and RV Center on the property. The property is located at 3178 Highway 93 South near the intersection of Highway 93 and the Bypass. It can be described as Assessor's Tract 3C, a tract of land situated, lying and being in the southeast quarter of the southeast quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, shown as Tract 1 of Certificate of Survey 21952 in the office of the Clerk and Recorder, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Reports #KPUD-22-02. Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page13 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-22-02 as findings of fact and recommend to the Kalispell City Council that the PUD for Noller Truck and RV Center be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Discussion regarding the required developer's agreement in condition 92, sewer main extension requirements in condition 912 and the entrance on Hwy 93 and how it will be affected by the new development and MDT's involvement. PUBLIC COMMENT Lonnie Martin — Project Manager, CFS Engineers, Topeka, KS — representative for applicant — offered to answer any questions the board may have. Andy Matthews — 1000 Basecamp Dr — owner of Montana Basecamp RV Park — concerned with how this development will affect his RV Park. MOTION Vomfell moved and Kauffinan seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-22- 02 as findings of fact and recommend to the Kalispell City Council that the PUD for Noller Truck and RV Center be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Discussion regarding the land use and zoning in the area. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Young recused himself from the Eagle Valley Ranch Addition KA-22-03, KGPA-22-01 & KZC-22- A request from Spartan Holdings for a zone change, growth policy map 03 — EAGLE VALLEY RANCH amendment and annexation and initial zoning of property, to be known ADDITION as Eagle Valley Ranch Addition on 6.8 acres of land at 3201 U.S. 93 North. The developer of Eagle Valley Ranch PUD has acquired land adjacent their development (Home Outfitters) and neighboring property currently within the County that is being requested to be included in the Eagle Valley Ranch PUD. The application includes a zone change of the existing Home Outfitters building which is City R-2 to the Eagle Valley Rand PUD, and annexation and initial zoning of surrounding County property from County SAG-10 to the Eagle Valley Ranch PUD. The request would also include a growth policy map amendment from suburban residential to urban mixed use on those properties annexing into the city, allowing for neighborhood commercial uses, similar to the commercial properties within the current Eagle Valley Ranch PUD. The goal of the change is similar to that of the original PUD which is to provide a diverse neighborhood close to existing services and commercial development on the north side of Kalispell and allows for inclusion of properties that are currently segregated from the development. The proposed development is generally situated along Highway 93 south of Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities in the West '/2 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A more particular legal Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page 14 description can be obtained at the Kalispell Planning office. BOARD DISCUSSION Discussion regarding the development of the property where the existing building sits and what requirements there might be if the building were to be torn down and the signal light that will be installed by MDT at Rose Crossing. PUBLIC COMMENT None. MOTION — KGPA-22-01 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KGPA-22- 01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Suburban Residential to Urban Mixed Use. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KA-22-03 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be City RA-2 (Residential Apartment) with the Eagle Valley Ranch PUD zoning overlay and conditions herein. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KZC-22-03 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-22-03 as findings of fact and recommend to the Kalispell City Council that the property be rezoned from City R-2 to City RA-2 with the Eagle Valley Ranch PUD zoning overlay and conditions herein. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RESEATED Young re -seated. KZTA-22-01— R-4 INTENT A request from the City of Kalispell for a zoning text amendment amending Section 27.07.010 of the Kalispell Zoning Ordinance. The amendment would change the intent of the R-4 (Residential) zoning district to include areas designated as suburban residential in addition to urban residential on the Kalispell Growth Policy Future Land Use Map. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZTA-22-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZTA-22-01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page 15 BOARD DISCUSSION Discussion regarding how this will affect future land growth, the difference between R-3 and R-4, and allowable density with this change. PUBLIC COMMENT None. MOTION Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report # KZTA-22- 01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the recent city council meeting. NEW BUSINESS Nygren updated the board on the June planning board meeting. ADJOURNMENT The meeting adjourned at approximately 7:41pm. /s/ Chad Graham Chad Graham President APPROVED as submitted/amended: 06/14/22 /s/ Kari Barnhart Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 10, 2022 Page 16 EAGLE VALLEY RANCH ADDITION REQUEST FOR ANNEXATION/INIITIAL ZONING #KA-22-03 REQUEST FOR ZONING MAP AMENDMENT STAFF REPORT #KZC-22-03 REQUEST FOR GROWTH POLICY AMENDMENT STAFF REPORT #KGPA-22-01 KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION May 3, 2022 This is a report for the Kalispell City Planning Board and the Kalispell City Council regarding request from Spartan Holdings for a zoning map amendment, growth policy map amendment, and annexation and initial zoning of property to be known as Eagle Valley Ranch Addition on 6.78 acres of land at 3201 U.S. 93 North. A public hearing has been scheduled before the planning board for May 10, 2022, 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: Spartan Holdings, LLC 341 West Second Street, Ste. 1 San Bernardino, CA 92401 Technical Assistance: Jackola Engineering 2250 U.S. 93 South Kalispell, MT 59901 B. Background Information: A request from Spartan Holdings to amend the Eagle Valley Ranch PUD per Section 27.19.020(9)(a) of the Kalispell Zoning Ordinance to include an additional 6.78 acres to be known as Eagle Valley Ranch Addition. Section 27.19.020(9)(a) allows for the developer of the PUD to bring forth amendments, which shall be processed as an amendment to the official zoning map. The Eagle Valley Ranch PUD was created by Ordinance 1814 in October of 2018, which effectively created the zoning for the Eagle Valley Ranch Development. Spartan Holdings is also requesting a growth policy map amendment and annexation and initial zoning. The developer of Eagle Valley Ranch PUD has acquired land adjacent their development (Homefitters) and neighboring property (vacant) currently within the County that is being requested to be included in the Eagle Valley Ranch PUD. The application includes a zone change of the existing Homefitters building, which is currently zoned City R-2, to the Eagle Valley Ranch PUD zoning overlay on 1.35 acres. Homefitters originally annexed into the City with an initial zoning of R-2 with the intention of hooking up to City services and operating a residential care facility providing counseling and therapy for short term stay clients with eating disorders. Prior to annexation into the City the Homefitters building operated as a non -conforming retail furniture store in the County. The residential care facility use within the building never come to fruition and the building has sat vacant since 2012. As part of this request the existing Homefitters building would be permitted as commercial space in its existing configuration and staff is recommending the removal of an existing billboard on the property. 1 The request also includes the annexation and initial zoning of County property from County SAG-10 to the Eagle Valley Ranch PUD zoning overlay on 5.43 acres that is currently an isolated island between the Homefitters building and the Eagle Valley Ranch development. Annexation of this property is what allows for the orderly growth of the surrounding property and commercial use of the Homefitters building, as it provides for access into a larger transportation network discontinuing what has developed as strip commercial. The proposal would also include right-of-way extensions to properties to the south that would then be able to annex into the City and be provided city services in the future. Lastly, the request would also include a growth policy map amendment from Suburban Residential to Urban Mixed Use on the 6.78 acres, allowing for neighborhood commercial uses, similar to the commercial properties within the current Eagle Valley Ranch PUD. Planned Unit Developments are intended to serve as an overlay zoning district that function in concert with the underlying zone to provide a comprehensive, integrated development plan, which will serve to modify the underlying zone and guide future development. The PUD provides for flexibility in the subdivision standards and architectural designs standards, where appropriate, to preserve and enhance the integrity and environmental values of the area. The goal of the change is similar to that of the Eagle Valley Ranch PUD, which is to provide a diverse neighborhood close to existing services and commercial development on the north side of Kalispell and allows for inclusion of properties that are currently segregated from the development. Overall, the application requests integrate what are currently isolated strip commercial properties into the master plan of the Eagle Valley Ranch PUD providing for more orderly growth along U.S. Highway 93 North. Integration of the subject properties would allow for a City street to be extended through the property that would serve the existing commercial building, as well as future commercial lots. The future City street would tie into the Eagle Valley Ranch development road networks system, thereby eliminating the strip commercial development pattern that had previously been established in the County. A preliminary plat has not been submitted at this time, but a conceptual layout shows how the properties would be served by City services if the requests are approved. The request for the Eagle Valley Ranch Addition allows the city to consider increased standards in an effort to implement the goals and policies of the City Growth Policy Plan -It 2035. -1� �I 7 N.w �Iw Road Homeftte,= 4u I , .,.,w„F.-C MWE ------------------------- E C. Location and Legal Description of Property: The property is generally located east of Northern Pines Golf Course and north of the Montana National Guard facilities. The property is more particularly described as Tract A and Tract B of COS 17674 and Parcel A of COS 6557 in the West '/2 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. D. Existing Zoning: The current zoning on the property is County SAG-10 (Suburban Agricultural) and City R-2 (Residential). SAG 10 is defined as "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." Permitted uses in this district are generally limited to single family homes and agricultural uses. The conditionally permitted uses allow some non-residential uses but those are limited to churches, daycare centers, bed and breakfasts, schools and golf courses. The minimum lot size requirement of the County SAG-10 zoning district is 10 acres. 3 City R-2 is defined as "providing adequate lot areas for lower density residential development; should have good thoroughfare access, and be in proximity to neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will normally require all public utilities. This zoning district would typically be found in areas designated as suburban residential on the Kalispell Growth Policy Future Land Use Map." E. Proposed Zoning: Spartan Holdings is requesting to extend the RA-2 portion of the Eagle Valley Ranch Residential Mixed -Use PUD onto the property. The existing Eagle Valley Ranch Residential Mixed -Use PUD functions in concert with both R-3 and RA-2 Zones. The RA-2 Zone functions as a buffer from the highway intended to accommodate small-scale commercial spaces as a transition into the single-family lots. As part of this request the existing Homefitters building would be grandfathered as commercial space in its existing configuration and staff is recommending the removal of an existing billboard on the property. Staff is also recommending as part of the zoning that a 60 foot right-of-way be dedicated to the City along the properties southern boundary when a preliminary plat is submitted, which will provide for a frontage road along the highway and provide for additional commercial development on those other County properties in the vicinity. All other aspects of the original Eagle Valley Ranch PUD approved would remain intact. rr —' PUD Summary c I $ Open Space and Highway Landscape Buffer, 19.6 A— Tutal Area aa One-Femlly Residential (112 L.W Minimum 5, DDO sf-14.97 Acres T—Family Resider(dal Lots) (113 Minimum 5,000 Acres sf -14.59 _ H Multi -Family Resldentlal Lot 6 Ap s o' Maximum 276 Unils- 13 S4 Acres Mixetl-lase (12 Lols) II ORices antl Resltlentlel -19-19 Acres xn f i. T Righlpf-Wgy arW RegGway M17.2 Aces ROW .r..q�l_ t'I 91 AS+Cc PoRmd-,' .y �.-........ *0 Y @ac, ) 1.33 A— in Paved Alley 99.53 Total Acres ry ` Subject Praperty 'Y I4.74 Arxes,c7jlewSpace, I 228 'a taaaes -. 229 230 s - 231 234 237 ' .I' 1 d Acree "'I.0 Acres 1 0 A LOT 240 I r I 13.8 Acre 2a2 gas gas t,o2 toncree Apaiiment Site A 276 UU @ 20 DUTAC T 233 239 239 g Story Bu OUings - 40 Ft Hgk Max. t25 125 1.1 Ac'® 552 Parking Spares Li F. Existing Land Use: The property has an existing commercial building, approximately 10,000 square feet in size. This building is currently vacant but was most recently occupied by "Montana Homefitters" several years ago. The previous use as a retail home furnishings business occurred as a grandfathered non -conforming use which predated the original county zoning on the property. The remaining land use includes vacant land. G. Adjacent Land Uses: North: Future City of Kalispell water storage tank and Eagle Valley Ranch PUD East: Eagle Valley Ranch PUD, currently vacant land South: Commercial quonset but and commercial office space (old Cowboy Church) West: U.S. 93 and Northern Pine Golf Course H. Adjacent Zoning: North: Eagle Valley Ranch PUD East: Eagle Valley Ranch PUD South: County SAG-10 and County B-3 HO West: County SAG-10 I. General Land Use Character: The land use character can be described as an area in transition. The properties in question were developed in the County as strip commercial development. The surrounding properties have historically been farmland but are currently under development with both residential and commercial development. Highway 93 North fronts the property to the west with a private golf course on the opposite side of the highway and an established County residential subdivision in Ponderosa is to the north. 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 Fire: City of Kalispell Police: City of Kalispell 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: 5 • 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 Suburban Residential. Suburban Residential supports the R-2 Zone given to the Homefitters property at time of annexation and the desire to not permit strip commercial development along the highway without a development plan. The developer is requesting a growth policy amendment for 6.78 acres to be changed from Suburban Residential to Urban Mixed Use. The Urban Mixed Use land use category would support the requested RA-2 Zone and is the same land use category for the RA-2 portions of the Eagle Valley Ranch development, as well as Kalispell North Town Center further to the south. Suburban Residential is defined as residential neighborhoods developed at densities not to exceed 4 dwellings per acre on an overall site basis. An integrated development plan within a suburban neighborhood could include single family down to 5,000 square feet, reduced setbacks when accompanied with generous open space and townhouse development. 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 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. Cel orKew PU6 Summary •. ! Mscaoe 1 rk CL ,,,. L guff rs19.6A arnraa One-Fam Iy R Ide tlel (112 Lalsl f f M A -w..r m5,000 of-14 Vweaa 6 iN nl al1113Lal.i F tl mmlmum MlnlGoo s f.}. 1a,59 Acres lA f �+ / �Tw�o p9 Me11FFem�ly Resldandsl Lol MavimUm 2]6 LIn8s-13 fl9 Acres -n Mlws U.(12 Lals) y' + �i ! Offs ard Reddenwl -18.18 Au L_•- f.p / RQPW-Wey aW%ad. y 172 Acres ROW 11.21 Aare. Paved RUadway(indj 1.33 Acres i, Paved Ahy Aeres EVR Mixed Use n Addition to PU❑ r L4T240 i 13.�Acre Apa meat Site 296 U Q 20 DUAC x - 9 SYary auin9.-40 F.1119t Max. - 552 Arkirt9 eaes 'J. h - I Within the R-2 Zone/Suburban Residential land use category, you would expect a mixture of single- family development at densities not to exceed four (4) dwelling units per acre. The properties within Eagle Valley Ranch and Kalispell North Town Center to the south are located within the Urban Mixed Use land use category and the request would be an extension of that land use designation in order to allow for greater land use options. The proposed amendment for Urban Mixed Use would accommodate an RA-2/PUD, Residential Apartment/Office Zone, which accommodates the mixture of uses the developer is requesting. 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. In the last 10 years or more there have been a number of infrastructure improvements and development patterns in the area have changed in the following ways: 1. City water and sewer mains have been installed in the U.S. 93 adjacent to the site as part of the Silverbrook Development thus allowing this site immediate access to city water and sewer services. 2. The Kalispell North Town Center and Eagle Valley Ranch have broken ground immediately south and east of this site, which in total equal 580 acres of residential, commercial, and institutional development. 7 3. Rose Crossing has been extended from Whitefish Stage westerly to U.S. 93 as part of the Kalispell North Town Center development. Jefferson Boulevard has also been extended from Rose Crossing northerly to the subject property's rear boundary, providing for access to the greater transportation system. 4. A new signalized intersection will be constructed at Rose Crossing-U.S. 93 intersection as part of the Kalispell North Town Center development. This will allow the subject property to have a controlled access onto U.S. 93 via Jefferson Boulevard. 5. The west side sewer interceptor is completed and a new water storage tank is currently in engineering design. This interceptor and water tank storage will greatly increase sewer and water capacity for projects (including this site) in north Kalispell. 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. The infrastructure projects in the area were not in place when the growth policy and accompanying map were adopted. The neighboring Planned Unit Developments to the south and east of the proposed amendment area, in tandem with the extension of the 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 Suburban Residential to Urban Mixed Use can be supported by the following goals and policies contained in the Kalispell Growth Policy Plan -it 2035: 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. F3 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 compatible uses as a transition tool with sensitivity to compatible design. The Urban Mixed Use land use designation would be an extension of existing Urban Mixed Use land use at the Kalispell North Town Center and Eagle Valley Ranch. The development would function as an extension of those two developments and will take advantage of the neighboring infrastructure including Rose Crossing, Jefferson Boulevard, new school site, and water and sewer service. Land Use: The location of the requested growth policy amendment is currently used for a vacant former commercial building and vacant land no longer used for farming. Future conversion of this area from rural agriculture and low -density residential land use to Urban Mixed Use is unavoidable/already taken place with the changing landscape surrounding the property as well as how it was previously developed in the County. 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 Suburban Residential land use categories to allow for a combination of commercial and high/low density residential. This land use designation change is a reasonable request due to the PUD's located adjacent the property and completion of infrastructure projects including mentioned previously. 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. " The types of business locating within an Urban Mixed Use land use category would provide employment to the community. Also, any potential commercial business and residents of a high - density residential development would benefit from the new signal at Rose Crossing which will provide easy access onto U.S. 93 North. Amending the growth policy land use designation on the site to Urban Mixed Use would allow compatible residential and commercial development at an area rapidly transitioning into a major urban area. 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. Prime farmland in rural areas and wildlife habitat is being displaced by development. Future development should take these issues into mind and mitigate them accordingly. Chapter 5, The Natural Environment, contains the following goals and policies which support the requested map amendment. w Goals: 4. Development should be compatible with important wildlife habitat corridors. After review of the Appendix A maps, it was determined that there are not any wildlife habitat or wildlife corridors near the development. Policies: 5. Encourage growth only on agriculture lands entirely within the city's annexation boundary. The property has not been used for farming and is already partially developed as commercial. Additionally, the property is within the city annexation boundary and the growth policy current designation anticipates residential development as it is. Conversion of the designation from Suburban Residential to Mixed Use will have no more serious impact on agricultural lands. Community and Recreational Facilities: A land use amendment to Urban Mixed Use would allow the subject property to be integrated into the Eagle Valley Ranch PUD, which includes 19.6-acres of open space area. The open space areas within Eagle Valley Ranch included a 100-foot highway buffer along U.S. in accordance with the entrance corridor standards and 14.7-acre open space are serving as a transition area between the proposed development and the Ponderosa Subdivision. If annexed into the City the subject property will also be subject to City entrance corridor standards, providing for additional open space and an extension of the trail along the highway. 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 ofservices plan. " Sewer service is located west of the property within the U.S. 93 corridor and also east within Eagle Valley Ranch. As part of the development of the site the developer would extend 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. 10 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: "Considerfuture needs with the replacement or installation ofmains. " Development of the site will be in 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. 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. " The application request actually facilitates this policy as it allows for an existing isolated County island and commercial to be incorporated into a neighboring development, at which time City services can be extended through the property allowing for more orderly development and the full utilization of land. 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 the development will be reviewed by Public Works determining compliance with those requirements. 11 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 development and do not have any level of service issues with the proposed development and area already servicing neighboring City developments. 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." The Fire Department has been notified of the development and do not have any level of service issues with the proposed development. 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. " All construction for development will be required to comply with the Uniform Fire Code and International Fire Code. IL ANNEXATION EVALUATION 5.43 acres is currently within the County and is being requested to annex into the City of Kalispell with an initial zoning of RA-2 with the Eagle Valley Ranch PUD zoning overlay The initial zoning is further outlined in the next subsection, however, in regards to the annexation the following criteria apply: 1. Compliance with the growth Two primary means for managing growth in the City of Kalispell are redevelopment/infill within the current city limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. Chapter 9, Public Infrastructure and Services, includes a goal to "make public water and sewer available to areas that are in close proximity to services," and annexation allows for such extensions to happen. In addition, the city council adopted an annexation policy in 2011, with a corresponding map, as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the planning board, the council, and the development community direction when property owners outside of the city limits are requesting annexation. The property proposed for annexation falls well inside the city's direct annexation boundary. 12 2. Municipal Services: The City of Kalispell has an extension of services plan that details how services would be extended to the annexed property. Municipal water and sewer mains are located with U.S. Highway 93 adjacent the property, as well as in the process of being extended near the properties eastern boundary within the Eagle Valley Ranch development. 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 2.25 miles 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 the property, annexation will not overburden the municipal services in place. 3. Distance from current city limits: The subject property borders the city along its eastern property line, thus annexation will serve to be a logical expansion of the existing city limits. 4. Cost of services: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction Standards and any other development policies, regulations or ordinances that may apply. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis — Initial Annexation. The property to be annexed is currently vacant. The total cost of services is estimated to be $0 per year, as the property is vacant land. Based on the city's taxation and assessment policies, the property will generate approximately $4,441.93 per year in total annual revenue to the city ($845.77 in taxes and $3,596.16 in assessments). III. INITIAL ZONING OF PROPERTY TO BE ANNEXED 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. 13 5.43 acres is currently zoned County SAG-10 (Suburban Agricultural). The proposed zoning of the property is City RA-2 (Residential Apartment) with the Eagle Valley Ranch PUD zoning overlay. The RA-2 is a district 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 r�poliU2 Currently, the proposed zoning of RA-2 does not comply with the Kalispell Growth Policy Future Land Use Map, which designates the subject property as Suburban Residential. The applicants have requested that the Growth Policy Future Land Use Map be changed to Urban Mixed Use on the property on the 5.43 acres, outlined above. 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. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zone will potentially have some effect on the motorized and non -motorized traffic, as the City RA-2 Zoning District allows for higher density than the current county SAG-10 Zone. Upon annexation, there will be no change in use on the property and no impact on transportation, initially. When the property develops, traffic impacts would be reviewed as part of a subdivision or site review process where a traffic impact study would be required. The annexation and initial zoning does provide for the property to be integrated into the Eagle Valley Ranch PUD, which includes an extensive road network tying into a larger transportation system that is not reliant upon just Highway 93 North. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police and fire protection, water, and sewer service are available to the area. 4. Will the requested zone promote the public health, safety and general welfare? 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, 14 particularly in conjunction with the PUD overlay, will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance and PUD 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 currently available to the property. Upon annexation the property will not require any city utility services. The specifics regarding provision of public services will be determined upon when a preliminary plat is submitted and subsequent development of the property. 7. Will the requested zone promote compatible urbangrowth? The requested city RA-2 Zoning District is similar zoning as the neighboring Eagle Valley Ranch PUD development to the east and south, of which this would be incorporated. This zoning district maintains and is compatible with the established land use pattern in this area and would establish an area of higher density between the bypass and the proposed residential area immediately to the east. 8. Does the requested zone give consideration to the character of the district and its particular suitability for particular uses? The proposed RA-2 zoning district is consistent with the development trends 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. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA-2 will promote compatible and like uses on this property as are likely to develop 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 as they develop. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case, sanitary sewer exists on the site and water is adjacent to the property. 15 The proposed zoning is consistent with the proposed growth policy future land use designation and is compatible with current zoning in the immediate area. IV. EVALUATION OF ZONING MAP AMENDMENT OF CITY PROPERTY This report evaluates the 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. 1.35 acres is currently zoned City R-2 (Residential). The proposed zoning of the property is City RA-2 (Residential Apartment) with the Eagle Valley Ranch PUD zoning overlay. The RA-2 is a district 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 Currently, the proposed zoning of RA-2 does not comply with the Kalispell Growth Policy Future Land Use Map, which designates the subject property as Suburban Residential. The applicants have requested that the Growth Policy Future Land Use Map be changed to Urban Mixed Use on the property on the 1.35 acres, outlined above. 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. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zone will potentially have some effect on the motorized and non -motorized traffic, as the city RA-2 Zoning District allows for higher density than the current county SAG-10 Zone. Upon annexation, there will be no change in use on the property and no impact on transportation, initially. When the property develops, traffic impacts would be reviewed as part of a subdivision or site review process where a traffic impact study would be required. The annexation and initial zoning does provide for the property to be integrated into the Eagle Valley Ranch PUD, which includes an extensive road network tying into a larger transportation system that is not reliant upon just Highway 93 North. 16 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police and fire protection, water, and sewer service are available to the area. 4. Will the requested zone promote the public health, safety and general welfare? 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, particularly in conjunction with the PUD overlay, will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance and PUD 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 currently available to the property. Upon annexation the property will not require any city utility services. The specifics regarding provision of public services will be determined upon when a preliminary plat is submitted and subsequent development of the property. 7. Will the requested zone promote compatible urbangrowth? The requested city RA-2 Zoning District is similar zoning as the neighboring Eagle Valley Ranch PUD development to the east and south, of which this would be incorporated. This zoning district maintains and is compatible with the established land use pattern in this area and would establish an area of higher density between the bypass and the proposed residential area immediately to the east. 8. Does the requested zone give consideration to the character of the district and its particular suitability for particular uses? The proposed RA-2 zoning district is consistent with the development trends 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. 17 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA-2 will promote compatible and like uses on this property as are likely to develop 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 as they develop. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case, sanitary sewer exists on the site and water is 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-22-01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Suburban Residential to Urban Mixed Use. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be City RA-2 (Residential Apartment) with the Eagle Valley Ranch PUD zoning overlay and conditions herein. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-22-03 as findings of fact and recommend to the Kalispell City Council that the property be rezoned from City R-2 to City RA-2 with the Eagle Valley Ranch PUD zoning overlay and conditions herein. Conditions of Approval 1. The Planned Unit Development for Eagle Valley Ranch allows the following deviations from the Kalispell Zoning Ordinance: a. Kalispell Zoning Ordinance, Section 27.10.020 Permitted Uses — Allows the existing commercial building to operate as a retail use within its existing footprint. 2. All applicable conditions within Ordinance 1814 (Eagle Valley Ranch PUD) shall apply. 3. An all-weather access 20 feet in width shall be provided from the existing commercial building to Jefferson Boulevard prior to occupancy. iF3 4. A City street providing access to the 6.78 acre property shall be installed with Phase 4 (northern residential lots) of the Eagle Valley Ranch PUD in substantial conformance with the conceptual drawing submitted in the application. 5. The Eagle Valley Ranch PUD design guidelines, bylaws and covenants shall be applied to this development, where applicable. 6. The billboard on the property shall be removed from the site prior to certificate of occupancy of the commercial building. 7. The developer shall obtain an approach permit from the Montana Department of Transportation for the approach onto U.S. 93 North. 8. The developer shall improve the properties U.S. 93 North frontage in accordance with Chapter 27.20.29 of the Kalispell Zoning Ordinance related to entrance corridor standards. 9. A 60-foot public right of way shall be dedicated to the property to the south with a subsequent preliminary plat application. 19 Development Services CITY Department 11CA S P IL� 2011st Avenue East Kalispell, MT 59901 Prone (406) 758-7940 ZONING MAP AMENDMENT Email: alannincl(ftalisoell.com Website: www.kalispell.com Project Name Eagle Valley Ranch Addition Property Address 3201, Hwy 93 N, Kalispell, MT NAME OF APPLICANTSpartan Holdings Applicant Phone 909.772.7800 Applicant Address 341 W. Second Street STE 1 city, stare, zip San Bernardino, CA 92401 Applicant Email Address joeccharger@yahoo.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application, OWNER OF RECORD See Attached Property Cards Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECTIENGINEER) Jackola Engineering & Architecture Phone 406 755 3208 Address 2250 US Hwy 93 S city, state, zlp Kalispell, MT, 59901 Email Address ryoung@jackola.com POINT OF CONTACT FOR REVIEW COMMENTS Rory Young Phone 406 755 3208 Address 2250 US Hwy 93 S city, state, zip Kalispell, MT, 59901 Email Address ry g@j Oun ackola.com List ALL owners (any individual or other entity with an ownership interest in the property): See Attached Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): See Attached COS 17674 and COS 6557 Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. Development Services Department c f 1 it a] r 2e11st Avenue East KALISPELL Kalispell, )MT 75 Phone(40fi}759-794-7940 Land In zone change (acres): 1.35 Ac Present zoning of above property: R-2 Proposed zoning of above property: R-3 PUD State the changed or changing conditions that make the proposed amendment necessary: This lot and two adjoining lots are being added to the existing Eagle Valley Ranch PUD • The zone chan a allows for a logical extension of teh existing Eagle Valley Ranch PUD HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wf answers): a Promoting the Growth Policy b. Lessening congest. cn in the streets and providing safe access c. Promoting safely from fire, panic and other dangers d Promoting the pub1r- Interest, health, comfort, convenience, safety a1d general welfare e. Preventing the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facil ties h. Giving reasonable consideration to the character of the district i. Giving consideration to the peculiar suitability of the property for particular uses j. Protecting and conserving the value of buildings k. Encouraging the most appropriate use of land by assuring orderly growth I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any Information or representation submitted in connection with this application be inorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature Date IC,k][JISPEILL APPLICATION PROCESS (application must be received and accepted by the Ka iiipell Piann ng Departmert 35 days prior to the Planning Bcard Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1. Completed application form S attachments 2. Petition for zone change signed by the real property owner(s). 3. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. 'Note - verity with the Flathead County Clerk & Recorder that the legal description submitted Is accurate and recordable_ They can be reached at (406) 758-5526. 4. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to emall Is 20MB) S. Application fee based on the schedule below, made payable to The City of Kalispell: Zone Change: Base Fee $550 'for the first 80 acres of area of the request add $20 per acre �J7% . �� `for the next 81+ acres add $10 per acre HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF: a. Promoting the Growth Policy The Eagle Valley Ranch Addition is a logical extension to the existing Eagle Valley Ranch subdivision. This subdivision was approved in 2018 and includes a mix of retail, multi- family and single family uses within RA-2 and R-3 zones, both of which have a PUD overlay. The goal of this zone change is similar to that of the original PUD which is to provide a diverse neighborhood close to existing services and commercial developments on the north side of Kalispell, thereby promoting the Growth Policy. b. Lessening congestion in the streets and providing safe access A new % turn movement approach is planned to US93 to provide access to the Eagle Valley Ranch Addition as well as additional access to the Eagle Valley Ranch Subdivision. The Eagle Valley Ranch subdivision is well served with transportation infrastructure with a connection to Rose Crossing. The installation of the Rose Crossing and US 93 traffic signal later this year will improve safety along this busy highway corridor. c. Promoting safety from fire, panic, and other dangers Development plans will ensure adequate access to public infrastructure and private structures in the case of an emergency, and there are no proposed features or land uses that may compromise the safety of the public. The development will also be served by municipal services, including police, fire protection, water, and sewer. New construction in the development will be required to be in compliance with current City adopted building codes and relevant City ordinances and design standards. Development infrastructure will be designed in accordance with local regulations to minimize undue risk from fire, panic, and other dangers. d. Promoting the public interest, health, comfort, convenience, safety, and genera! welfare The proposed zoning designation will promote the health and general welfare of the public by providing new mixed use and single-family rental units which is needed within the City based on low rental vacancy rates. The proposed development will provide residents with open space and other amenities to further help promote the public's health, comfort, and general welfare. e. Preventing the overcrowding of land The addition of this property to the Eagle Valley Ranch subdivision allows for more land to be designated mixed -use which will reduce the density of the overall residential dwellings and thereby prevent overcrowding of land. The mix of single family and multi- family units within the subdivision allows for open space and provides the ability to prevent overcrowding. f. Avoiding undue concentration of population As discussed previously, the proposed zoning districts are consistent with the Growth Policy Future Land Use designations and neighboring urban and suburban development of the area. The proposed development will result in an increase in number and concentration of residents, as compared to the property's current vacant state. However, the provision of municipal services and facilities, as well as compliance with City design standards will aide in mitigating overcrowding of land or undue concentration of people. g. Facilitating the adequate provision of transportation, water, sewage, schools, parks, and other public facilities The development will be provided with all municipal water and sewer facilities. Stormwater will be addressed through water quality and flow control measures on site. Transportation infrastructure adequately exists adjacent to the development. The amenities will provide outdoor opportunities for the residents along with open space areas within the original Eagle Valley Ranch PUD. Sidewalks and pathways in the City ROW will allow for convenient pedestrian circulation. h. Giving reasonable consideration to the character of the district The proposed zoning is consistent with the area, which is experiencing residential, multi- family, and commercial growth. i. Giving consideration to the peculiar suitability of the property for particular uses The proposed R 3 PUD zoning district is a logical extension to the existing Eagle Valley Ranch subdivision and is consistent with the growth policy future land use designation. j. Protecting and conserving the value of buildings By including this area into the existing Eagle Valley Ranch PUD we are encouraging the continuing orderly development of the City as already approved with the original PUD. This serves to maintain the value of buildings in this area. k. Encouraging the most appropriate use of land by assuring orderly growth Higher density residential development should be encouraged in areas with access to City -owned services and facilities. The proposed development is consistent with the growth policy future land use designation and is also compatible with current city zoning in the immediate area. Property Record Card Summary Primary Information Property Category: RP Subcategory: Commercial Property Geocode: 074078-19-3-01-07-0000 Assessment Code: 000097678:1 Primary Owner: PropertyAddress: 3201 US HIGHWAY 93 N MEDNORTH MEDICAL CENTRE LLC KALISPEL4, MT 59901 PO BOX 10338 COS Parcel: KALISPELL, MT 59904-3338 NOTE, See the Owner tab for all owner information Certificate of Survey: Subdivision: Legal Description: S19, T29 N. R21 W, ACRES 1.35, COS 17674-A TR 2BBB IN L2&3 ASSR# 0000976783 Last Modified: 9/30/2021 9:10:26 AM General Property Information Neighborhood: 207.170.0 Property Type: IMP,_R - Improved Property - Rural Living Units: 0 Levy District: 07-031002-75 - S Zoning: City R-2 Ownership %: 100 Linked Property: No linked properties exist for this property Exemptions: No exemptions exist for this property Condo Ownership: General: 0 Limlted: 0 Property Factors Topography: Fronting: Utilities: Parking Type: Access: Parking Quantity: Location: Parking Proximity: Land Summary Land Type Acres Value Grazing 0.000 00.00 Fallow 0.000 00.00 Irrigated 0.000 00.00 Continuous Crop 0.000 00.00 Wild Hay 0.000 00.00 Farmsite 0.000 00.00 ROW 0.000 00.00 NonQual Land 0.000 00.00 Total Ag Land 0,000 00.00 Total Forest Land 0.000 00.00 Total Market Land 1,350 68,290.00 Deed Information: Deed Date Book Page Recorded Date Document Number Document Type 4/1/2011 1 1 1 4/112011 1 201100006947 1 Warrant Deed • > ^ Oil+ Af m n C n _ m 1. •+ VwPi i 0 o '• o O z- � �D n �aipp:' y = smmNpps� �B a s - - _= j_ - N W ^ vp O �S 2 I•y �,000 • O a e i .D - W r ii no �o� - r m •• > n m m - N NO m p QI clz v fif M y S n O m n z E n O I. y f x c y r e P= = m w � � a � nNr ��Opp . 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' 1.23Amrm 1.25Aarm 1.1 Aoas Key (See PUD Plan for additional detail) I Proposed R3 Zoning with PUD Overlay Lots 53-74 and Lots 84-113 proposed Two -Family Lots 59.12 Acres Lots 228-230 proposed Mixed -Use Lots Proposed RA-2 Zoning with PUD Overlay Lots 1-52 and Lots 75-83 proposed Two-family Lots A o.57 Acres Lots 231-239 proposed Mixed -Use Lots Y Lot 240 proposed for Residential Apartments EVR Addition - 6.8 Ac R-3 PUD I 14.74 Acres Open Sace ...... ... 1+e...,% oBuildings +W ,tl Nra. « �a n w r« a q •I m r r 230 nn na««rr««r« n 2AACM T. « Y 77 — -- LOT 240 Y3rM r'aa1a13,8 Acre`Apartment Site276 DU ® 20 DU/Ac '4 - 40 Ft Hgt Max.it, I >s 552 Parking Spaces Zoning Exhibit Scr.11•-12Sp NUT1 W Vj-riEC 19.RpN.R21W.PMJL RAT1EAD COUNT'. MONTANA Deve2opex: Sp—t—no1di-tw Ka.tispeI4 M&nnt Low Land Plelvw and Landmpe At Mea WGM CRow i�rAV CW Er WMW- WGM Group `A T,efia Enyjr, WGM Group WGMG?C-up &nayor. Sam earth SUNW fft Geohtlwrai CwdulmM: CMG Engirm rq 1W Date' 05-17-2018 JA Kalispell Growth Policy NORTH Eagle Valley Ranch ® Subject Property - Urban Mixed Use Suburban Residential Government Suburban Residential "4-N Date 3-18-2022 Kalispell Development Services Mt Cadastral data: 3-5-2022 KALISPELL 0 500 1,000 Feet - Kalispell Mailing List NORTH Eaale Vallev Ranch 7 DR ® Subject Property Mailing List Parcels TRONSTAD r Z Date 3-18-2022 Kalispell Development Services IT} <7I Mt Cadastral data: 3-5-2022 KALISPELL 0 1,500 3,000 - Kalispell Zoning NORTH Eaale Vallev Ranch ® Subject Property Residential Residential Neighborhood Business - Residential Apt/Office - General Business Public COUTNY 8-2/PUD Date 3-18-2022 Mt Cadastral data: 3-5-2022 8-1 R-3/PUD RA-2/PUD P-1 XIN KALISPELL COUTNY R-3/PUD Kalispell Development Services 0 500 1,000 Feet