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E2. Ordinance 1908, Mountain Villa ZoningCITY OF KALISPELL Development Services Department 201 1st 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 1908 — Mountain Villa Initial Zoning Second Reading MEETING DATE: June 19, 2023 BACKGROUND: Summit Holdings, LP, has submitted an application for annexation and initial zoning of RA-1 (Residential Apartment) for property located at 249 Reserve Place. The property is currently occupied by Mountain Villa Apartments and the annexation would allow for connection of the existing 142 apartment units to city services. It would also allow for the potential future expansion of the apartment complex. The property can generally be described as Assessors Tract 1HC in the East Half of the Southeast Quarter of Section 25, Township 29 North, Range 22 West, Flathead County, Montana. A full legal description is attached as Exhibit A. The Kalispell City Council, at their meeting on June 5, 2023, unanimously approved the annexation as well as the first reading of Ordinance 1908 relating to the initial zoning. RECOMMENDATION: INITIAL ZONING: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1908, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as shown on Exhibit A, attached hereto and incorporated by reference, as City RA-1 (Residential Apartment), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1908 May 9, 2023, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Public Comment Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1908 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 ASSESSORS TRACT 1HC IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY RA-1 AND COUNTY R-2) TO CITY RA-1 (RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Summit Holdings, LP, the owners of the property described above, petitioned that the zoning classification attached to the above -described tract of land be zoned RA-1 on approximately 22.11 acres of land; and WHEREAS, the property is located at 249 Reserve Place; and WHEREAS, Summit Holdings' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-23-04, dated May 9, 2023, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA-1, Residential Apartment, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-1, Residential Apartment, the City Council finds 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-23-04. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as RA-1, Residential Apartment, on approximately 22.11 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 19TH DAY OF JUNE, 2023. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING May 9, 2023 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning Commission CALL was called to order at 6:00 p.m. Board members present were Chad Graham (chair), Pip Burke, Kevin Aurich, Doug Kauffman, Rory Young, and Tim Stocklin. Karl Barnhart, PJ Sorensen, and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Young moved and Burke seconded a motion to approve the minutes of the March 14, 2023, 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. BOARD MEMBER SEATED Rory Young recused himself from KCU-23-02, he is a representative for the applicant. KCU-23-02 — IMMANUEL A request from Immanuel Lutheran Communities for a conditional use permit for a LUTHERAN COMMUNITIES day care center at Northridge Lutheran Church, which is located at 323 Northridge Drive. The day care center would eventually serve up to 100 children, generally from ages 0-6, although initially there would be up to 48 children. The property can be more particularly described as Lot 2 of Block 12 of Northridge Heights Section 4, excepting therefrom Parcel A, Amended Subdivision Plat of Lot 6A of the Amended Subdivision Plat of Lots 5 and 6, Block 12, Northridge Heights Section 5 and Lot 2, Block 12, Northridge Heights Section 4, 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 4KCU-23-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-23-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION None. PUBLIC COMMENT Tyler Tonjum — Jackola Engineering — Representing the applicant — Requested that the condition for a sidewalk be removed since it would not be connecting to any sidewalk and also due to cost. Ben Dush — 326 Hilltop Ave — Requested gate access so the playground and green space can be used by the neighborhood. Mary Ruby — 320 hilltop Ave — Has concerns with the additional noise and traffic on Northridge Drive. MOTION — KCU-23-02 Kauffman moved and Burke seconded that the Kalispell Planning Board adopt staff report #KCU-23-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. Kalispell City Planning Board Minutes of the meeting of May 9, 2023 Pagel BOARD DISCUSSION Board members and staff discussed gate access and the benefits of having the sidewalk. Nygren advised that gate access can only be added by the property owner since it's private property. Sorensen stated that the sidewalk may have a connection in the future and Kauffman stated that it would get people off the street even if for a short distance. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Rory Young re -seated. KA-23-04 — MOUNTAIN VILLA A request from Summit Holdings, LP, for annexation and initial zoning of RA- I APARTMENTS (Residential Apartment) for property located at 249 Reserve Place. The property is currently occupied by Mountain Villa Apartments and the annexation would allow for connection of the existing apartments to city sanitary sewer. The property is more particularly described as Assessors Tract 1HC in the East Half of the Southeast Quarter of Section 25, Township 29 North, Range 22 West, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-23-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-23-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA- I (Residential Apartment). BOARD DISCUSSION Board members and staff discussed the zoning and sewer capacity and the process for making the connection. PUBLIC COMMENT James Connolly — Representing the landowner — Stated that there are plans to have a neighborhood meeting when they are planning construction and is willing to speak with residents regarding the project. Tom Barbouletos — 189 Arbour Dr E — Supports the connection to sewer but is opposed to the zoning and more apartments due to concerns regarding access to Hwy 93, fire services, and school capacity. Mark Miller — 301 Stillwater Loop — Is opposed to development of the 22 acres due to loss of views, lower property values, construction traffic, wildlife impact, and increased visitors from the future apartments using the HOA park. Cheryl Elzig — 301 Stillwater Loop — Supports the sewer connection but is opposed to annexation due to concerns of the impact on wildlife. She also stated that more people should have received notices. Kathy Barbouletos — 189 Arbour Dr E — Stated that the residents on Stillwater Loop should have been notified and that communication needs to be expanded. She also stated that when she purchased her home was told that the 22-acre property was a protected area. Stephen Redgate — 303 Dairy Dr — Is not opposed to the sewer connection but opposes the annexation due to increased traffic and asked for clarification on the Kalispell City Planning Board Minutes of the meeting of May 9, 2023 Page 12 county park. Stated that this is a land grab by the city to increase revenues from water and sewer fees. Robert Lee — 319 Stillwater Loop — Has concerns for wildlife, storm water runoff, loss of views, and appearance of the apartments. He would like buffer zones and screening to protect the views. Dan Syverson — 311 Stillwater Loop — Supports connecting to sewer but is opposed to adding more apartments. Ned Halling — 197 Arbour Dr E — Has no issues with the annexation but would like the north portion to be transitioned to single family residences. Richard Flink — President of Country Estates HOA — Has concerns regarding the impact the construction traffic would have on the roads which are maintained at the HOA's expense. MOTION — KA-23-04 Burke moved and Young seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report AKA-23-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA-1 (Residential Apartment). BOARD DISCUSSION Board and staff discussed comments regarding the application and notification processes, and annexation zoning. Graham stated that this is not a land grab but a private owner applying to the city for annexation and that any future development would have to go through the application process. Nygren advised that notifications are sent to adjacent landowners within 240 feet which is above the state requirement of 150 feet. Sorensen stated that it is initial zoning with an annexation zone change; not a city zone change per se. Young confirmed with staff that the city cannot take the number of students into consideration of annexation per state law. Nygren advised that single family residences are allowable in RA-1 and that the fire and police departments are already responding first to emergencies at Mountain Villa. Haskins advised that all infrastructure including storm water retention would be built to city standards. Sorensen stated that it a single parcel is not supposed to be split into 2 zones under the zoning ordinance. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Sorensen updated the board on the upcoming June 9', 2023 Planning Board Meeting. Nygren advised the board that the zoning and subdivision regulations may be affected by the recent legislative session in Helena. ADJOURNMENT The meeting adjourned at approximately 7:42 PM. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 9, 2023 Page13 MOUNTAIN VILLA ANNEXATION ANNEXATION AND INITIAL ZONING OF RA -I UPON ANNEXATION STAFF REPORT #KA-23-04 KALISPELL PLANNING DEPARTMENT MAY 9, 2023 This report regards a request from the City of Kalispell for annexation and initial zoning of RA-1 (Residential Apartment) for property located at 249 Reserve Place, containing approximately 22.11 acres. A public hearing has been scheduled before the Planning Board for May 9, 2023, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION Summit Holdings, LP, has submitted an application for annexation and initial zoning of RA-1 (Residential Apartment) for property located at 249 Reserve Place. The property is currently occupied by Mountain Villa Apartments and the annexation would allow for connection of the existing 142 apartment units to city services. It would also allow for the potential future expansion of the apartment complex. This report evaluates the application in accordance with state and local regulations. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. A. Petitioner / Owner: Summit Holdings, LP 330 E Lakeside Ave, Ste 201 Coeur d'Alene, ID 83814 B. Location and Legal Description of Properties: The property is located at 249 Reserve Place and can be described as Assessors Tract IHC in the East Half of the Southeast Quarter of Section 25, Township 29 North, Range 22 West, Flathead County, Montana. C. Existing Land Use and Zoning: The southern portion of the subject property contains an existing multi -family residential development, while the northern portion is currently vacant. The property is zoned county RA-1 (Residential Apartment) and R-2 (One Family Limited Residential). According to the Flathead County Zoning Ordinance, the RA-1 is "a district to provide areas for multi -family use and for non-residential uses, which support or are compatible with the primarily residential character. This district is intended as a buffer between residential districts and other non-residential districts. This district shall be served by community water and sewer and have immediate access to fire, police, refuse, and park facilities." The R-2 is "a district to provide for large -tract residential development. These areas will typically be found in suburban areas, generally served by either sewer or water lines." D. Proposed Zoning: The proposed zoning is city RA -I (Residential Apartment). The Kalispell Zoning Regulations state that the intent of the district is "a residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks, or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." E. Size: The subject property is approximately 22.11 acres. F. Adjacent Zoning: North: County R-2 East: City B-2 West: County R-2 South: City R-5/PUD; B-5/PUD; & B-2/PUD G. Adjacent Land Uses: North: Residential; River; Retail; Cemetery East: Hwy 93; Auto Sales; Residential West: Residential South: Hwy 93 Bypass; Commercial; Office 4 H. General Land Use Character: The general land use of the area is mixed with larger existing single-family residential homes in the area to the north and to the west, and with significant commercial development to the east and to the south. The subject property is located at the northwest corner of the intersection of Highway 93 and the Highway 93 Bypass and is a transitional use between the more intensive commercial areas and the residential areas. The recent and future growth in the area has been supported by new water and sewer infrastructure, as well as the Highway 93 bypass. L Utilities and Public Services: There are city water and sewer mains in the vicinity of the property. If any extensions or other improvements are necessary to provide service, they would need to be designed and installed by the property owner subject to review and approval by the Kalispell Public Works Department under the City of Kalispell Standards for Design and Construction. Sewer: City of Kalispell available upon annexation Water: City of Kalispell available upon annexation Refuse: City of Kalispell available upon annexation Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Edgerton/Glacier High School Fire: West Valley Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation L ANNEXATION EVALUATION A. Compliance with the growth policy: 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 inside the city's direct annexation boundary and is immediately adjacent to the current city limits. B. Municipal Services: The City of Kalispell has an extension of services plan that details how services would be extended to the annexed property. As mentioned above, the purpose of this annexation is to allow for the connection of the existing apartment complex to services as well as support potential future expansions of the complex. Both sanitary sewer and water service are in close proximity and available to the property. Any additional extensions or improvements necessary to provide service would be designed and installed by the property owner subject to review and approval by the Kalispell Public Works Department under the City of Kalispell Standards for Design and Construction. The site is currently protected by the West Valley Rural Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from the Rural Fire District. At the time of annexation, the property will be served by the Kalispell Police and Fire Departments. The site lies approximately 0.5 miles from fire station 62 and is readily serviceable by the city fire, police, and ambulance services. Given the level of existing services available to the property, annexation will not overburden the municipal services in place. C. Distance from current city limits: The subject property is immediately adjacent to the existing city limits line. D. Cost of services: The property is located within the annexation boundary, which was established based in part on the ability to efficiently serve the property. 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. It is anticipated that revenue would exceed the cost of providing services to the existing apartments. In addition, there would be one-time impact fees for connecting to city services. E 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 RA-1 (Residential Apartment) and R-2 (One -Family Limited Residential). The applicants are requesting city RA-1 (Residential Apartment). �.� Kalispell Growth Policy KALISPELL Mountain Villa Apartments ® Sublect Parcel Cummeicial Urban Mixed U. nigh D-4 Residential Suburban Readential PublicjQi a Public:, Dperspace Cemetery Suburban Residential Su'ed Parcel ':cm—civ, r� High Density. F rie�dcrmal ; � —]iLLLLL urban d Mizell Use r•erad�o-nt D 115 230 460 690 H Ah, d C+dr Gs F crty of Kdisp.11 eIS. Basemap: n,�tin &dw kd - r� r 2M Esn Community Maps, ArcGLS.c As with county zoning, city zoning of RA-1 R-1 through R-5 would not. 1. Does the requested zone comply with the growth polio The Kalispell Growth Policy Future Land Use Map designates the subject property as High Density Residential and Suburban Residential. The zoning ordinance contemplates RA-1 as an appropriate zone within the high -density designation. Under Section 27.20.070 of the zoning ordinance, lots should not be split into two or more zones if possible. It is important to note that the growth policy is not, in itself, a regulation. Rather, it is a policy document that guides regulation. As such, the mapped designations should not be viewed as fixed lines on a map and the appropriate zoning district for the property as a whole should be based on growth policy map designations as well as the nature existing county zoning that is in place. would match the existing use, while zoning of Under the growth policy (Chapter 4A), we should provide an adequate supply and mix of housing, particularly on larger tracts of land. Additionally, the RA-1 zone would provide a transition area from the commercial zoning to the east and south and the residential area to the west and north. Taking into account the growth policy, the growth policy map, existing county zoning and the existing use, the requested zone of RA-1 would comply with the growth policy and applying that district to the entire property would be consistent with the zoning ordinance. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The access for the property is onto Reserve Place. Since the existing property is developed with an apartment complex, annexation and city zoning would not have any effect on the transportation systems. Any additional development of the property would be reviewed and approved according to city design criteria that would account for access to the site. The Montana Department of Transportation ("MDT") commented that any new access or change in use of an existing access to a Montana Highway will require an approach permit to be approved by MDT. Access to the highway system should be kept to a minimum to help facilitate safe traffic flow along US 93 by reducing conflict points. As property continues to develop, there should be planning to reduce the number of existing approaches by providing for a roadway network west of US 93 to facilitate traffic movements. 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/fire protection will be available upon annexation. 4. Will the requested zone promote the public health, safety and general welfare? The general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses. In this case, the requested zoning classification of RA-1 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 any 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. Connection to city water and sewer services would be performed according to city design criteria, and any other development of the property would also be reviewed and approved pursuant to city design criteria. 7. Will the requested zone promote compatible urban growth? The requested zoning is consistent with the type of growth projected for this area and is consistent with the current zoning in the vicinity. The proposed district maintains and is compatible with the established land use pattern in this area while providing a transition between commercial and residential areas in the vicinity. 8. Does the requested zone give consideration to the character of the district and its particular suitabili . for particular uses? no The proposed RA-1 zoning district is consistent with the surrounding residential development in the immediate and general area, and provides a transition between adjacent commercial and residential areas. The proposed zone fits into that overall pattern and 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? The value of the buildings in the area will be conserved because the RA-1 zoning district will promote compatible and like uses on this property as are found on other properties in the area. Any potential future development on the property will be reviewed for compliance with zoning dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhood. 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, and it serves to support appropriate use of land throughout the city by further developing city infrastructure. The proposed zoning is consistent with the growth policy and is compatible with current zoning in the immediate area. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-23-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA-1 (Residential Apartment). 7 HYALITE 2304 N. 7T" AVENUE I SUITE L I BOZEMAN, MT 59715 1 (406) 587-2781 April 7, 2023 City of Kalispell Development Services Department 201 1 st Ave. East Kalispell, MT 59901 Attn: PJ Sorensen, Esq., Senior Planner RE: Mountain Villa Apartments — PETITION for ANNEXATION and INITIAL ZONING Mr. Sorenson, We are pleased to submit the attached petition for annexation and initial zoning for the Mountain Villa Apartments property. As we have previously discussed, the primary reason for this annexation is for the connection to Kalispel water and sewer infrastructure to serve the existing 142 apartment units on site, and to provide for future expansion on the now undeveloped north half of the property at approximately the same density, and the same land use. Thus, we are proposing an initial zoning of RA-1, the Residential Apartments district, which fits the existing land use, and would allow for additional units. We appreciate the City of Kalispell working with us on this application and look forward to working together on future aspects of this project. The remainder of this letter is a narrative that addresses specific information in page 2 of the application. How will the proposed zoning district accomplish the intend and purpose of: a. Promoting the Growth Policy The proposed annexation and subsequent zoning would provide additional residential units to the City of Kalispell, provide a growth in tax base, and allow the conversion of an aging septic system to city utilities. Currently the parcel is bordered by Alternate Highway 93 and US Highway 93 North. To the east and south the subject parcel is adjacent to the City of Kalispell boundary. The zoning districts for the adjacent city parcels are B-2 and B-5/PUD. To the north and west of the property is Flathead County Jurisdiction, zoned R-2, One Family Limited Residential The proposed district would be consistent with the surrounding City zoning designation. The design team is proposing RA-1 to allow for additional residential units and serve as a transition between the commercial and residential uses in the area. The property is surrounded by different use, to the south and east are commercial properties, to the north and west are residential properties. The RA-1 Zone makes sense as a transition zone between the commercial and residential properties. This matches what was projected for this area in the adopted City of Kalispell Growth Policy. b. Lessening congestion in the streets and providing safe access The subject property is located at the intersection of US Highway 93 N. and US Highway 93 Alternative. It is not anticipated that annexation of the property will negatively impact the overall Bozeman • Bismarck • Valley City • Dunn Center Professional Consulting Engineers and Surveyors Equal Opportunity Employer I www.hyaliteeng.com Letter to: City of Kalispell Planning Department Re: Annexation of Mountain Villa Apartments April 7, 2023 Page 2 of 3 transportation system. A full traffic study is currently being reviewed by the Montana Department of Transportation to confirm that there will be minimal impacts. Promoting the public interest, health, comfort, convenience, safety, and general welfare. Annexation will allow the development to connect to city utilities. The development is currently served by an aging septic system. To ensure that the system does not fail, creating health and safety concerns, the owners desire to tie to city services. This will ensure that the property continues to provide sewer services that are safe for residents and neighbors. d. Preventing the overcrowding of land The proposed RA-1 zoning designation allows medium density development, and is consistent with its current land use. This property is adjacent to the intersection of Alternate Highway 93 and US Highway 93 North making it ideal for the proposed density. This development is designed to reduce overcrowding land by adhering to all setbacks and lot coverage requirements of the City of Kalispell's Zoning Regulations. e. Avoiding undue concentration of population The proposed use of the property matches the use and density prescribed in the City of Kalispell Growth Policy for medium density residential. There is high demand for affordable housing in this particular location, due to its proximity to retail, commercial, and educational facilities to the south. f. Facilitating the adequate provision of transportation, water, sewage, schools, parks, and other public facilities The primary purpose of the annexation is to connect the property to the municipal sewer utilities. All other utilities are present on the site as it is currently serving as a residential development. There is proper access as referenced previously the parcel is at the intersection of Alternative Highway 93 and US Highway 93 North. No change to transportation facilities is proposed, or needed, at this point in time. g. Giving reasonable consideration to the character of the district The existing apartment buildings on the property helped establish the character of the district. Since then Kalispell has grown to the property, and any future plans for the property should take the changing character of the area into account. The proposed RA-1 zoning is consistent with the existing land use and is a step to maintain the existing character of the property. h. Giving consideration to the peculiar suitability of the property for particular uses The property is suited for this type of development due to the proximity to US Highway 93 and the commercial properties to the south and east that would benefit from close workforce housing. L:\182955\ Annexation Letter to: City of Kalispell Planning Department Re: Annexation of Mountain Villa Apartments April 7, 2023 Page 3 of 3 i. Encouraging the most appropriate use of land by assuring orderly growth While growth is not the primary reason for the proposed annexation, the property will be likely to add new apartment units on the north half of the site in the future. This growth will, by nature, be orderly because it is entirely infill rather than expansion. Ultimate surrounding land use is well known and the need for multifamily housing is likely to only increase over time. Best Regards, Hyalite Engineers, PLLC James Connolly, P.E., PhD Project Engineer Enclosures: Petition for Annexation and Initial Zoning with required attachments. Fee check for $692.20 (hard copy only). Cc: Owner — Summit Holdings, LP; Pinnacle Investment Management, Managing General Partner. File — 182955 L:\182955\ Annexation Development Services t_F1, C„- Department ]KAILISPEILIL 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: planninggkalispell.Gom Website: www.kalispell.com Project Name Mountain Villa Apartments Property Address 900 W. Reserve Dr. Kalispell, MT 59901 NAME OF APPLICANT Summit Holdings, LP Applicant Phone Applicant Address 330 E Lakeside Ave Suite 201 City, State, zip Coeur d'Alene, ID 83814 Applicant Email Address If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Summit Holdings, LP Owner Phone Owner Address 330 E Lakeside Ave Suite 201 City, State, zip Coeur d'Alene, ID 83814 Owner Email Address CONSULTANT (ARCHITECT/ENGINEER) Hyalite Engineers, PLLC Phone (406)-587-2781 Address 2304 N. 7th Ave., Ste. L City, state, zip Bozeman, MT 59715 Email Address jonnolly@hyaliteeng.com POINT OF CONTACT FOR REVIEW COMMENTS James Connolly, PE Phone (406)-200-8125 Address 2304 N 7th Ave. , Ste. L city, State, zip Bozeman, MT 59715 Email Address , jconnolly@hyaliteeng.com List ALL owners (any individual or other entity with an ownership interest in the property): Summit Holdings, LP Lola Hagadone Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): S25, T29 N, R22 W, ACRES 22.11, TR 1 HC IN E2SE4, ASSR #0000028926 Also, see attached. J C 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 201 1st Avenue East LI S P ELL Kalispell, MT 59901 Phone (406) 758-7940 1. Land In project (acres) 22.11 2. Current estimated market value s11,366,700 Estimated market value of proposed development at 50% build out $ S11, 368,700 Estimated market value of proposed development at 100% build out $ $25,000,000 3. Is there a Rural Fire Dept RSID or Bond on this property? �Eg NO If yes, remaining balance is: $ 4. Present zoning of property RA-1/R-2 (County) 5. Proposed zoning of property RA-1 6. State the changed or changing conditions that make the annexation necessary: This property was developed prior to the surge of growth in Kalispell, and is being served by on -site well and septic systems The on -site systems are showing their age, and Kalispell has grown such that connection to municipal water and sewer systems is possible- Annexation, and connection to City services, is seen as the best long-term solution for the property. HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet w/ answers): a. Promoting the Growth Policy b. Lessening congestion in the streets and providing safe access c. Promoting safety from fire, panic and other dangers d. Promoting the public interest, health, comfort, convenience, safety and 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 facilities 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 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 connectiortt_w his application be incorrect or untrue, I understand that any approval based thereon may be rescinde , and of er appropriate action taken. The signing of this application signifies approval for the Kalispell City staff o be pr ent on the property for routine monitoring and inspection during the approval and development process. � q 1-7/A3 ignature ! Date c.F F\ riF I�.A.LISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. Completed Petition to Annex and Notice to Withdrawl from the Rural Fire District form (attached), including an Exhibit A, legal description of the property. 3. 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 & 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 email is 20MB) 5. Application fee based on the schedule below, made payable to the City of Kalispell: Annexation $250 (includes initial zoning) plus $20 per acre Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 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 Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to corect and re eive all available utilities from the City of Kalispell. r 3 weer 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 IDAHO ) ss County of ILdake-tAoi On this ] day of jA23 . before me, the ondersigned, a Notary Public for the State of Idaho, personally appeared "Z)hNf, JD� ►J\[ k C M1 A e r 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 haLdand81fi,,chmy N tary Seal the day and itten. MICHAELA SEVERSON Notary Public - State of Idaho Notary Public, State �o,{f,,Ida ��j ` r �.r �S Commission Number 20213515 Printed Name kA j �,i tl Se f' l Gn My Commission Expires Jul 27, 2027 Residing at My Commission expires: STATE OF IDAHO ) ss County of On this day of , before me, the undersigned, a Notary Public for the State of Idaho, 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 Idaho Printed Name Residing at My Commission expires:._ 7 L 0 C Q) L 0 Arbour Dr Glacier Memorial Gard4 09 ens Parcel for Annexation 22.11 acres Existing Use: Medium Density Residential Proposed Use: Medium Density Residential Proposed Zone: RA-1 Northern Pines O Golf Club z IJCCOT I M 3r 93 V I //2 J alispell Youtl Athletic Complex N A MONEEZZ= 0 ��2 93 548 1 i Miles Exhibit A *************************************** THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25; THENCE ALONG THE SOUTH LINE OF SECTION 25, SOUTH 890 57'00" WEST, A DISTANCE OF 91.09 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 93; THENCE ALONG THE WEST LINE OF THE HIGHWAY NORTH 000 10'44" EAST, A DISTANCE OF 1358.99 FEET; THENCE NORTH 640 13'31" WEST, A DISTANCE OF 283.36 FEET TO THE POINT OF BEGINNING; THENCE RETRACING SOUTH 640 13'31" EAST, A DISTANCE OF 273.36 FEET; THENCE SOUTH 070 04'31" EAST, A DISTANCE OF 71.42 FEET TO THE WEST LINE OF U.S. HIGHWAY 93; THENCE ALONG THE WEST LINE OF THE HIGHWAY SOUTH 000 10'44" WEST, A DISTANCE OF 1232.46 FEET TO THE NORTH RIGHT OF WAY LINE OF WEST RESERVE DRIVE (A COUNTY ROAD); THENCE ALONG THE NORTH LINE OF THE COUNTY ROAD SOUTH 890 57'00" WEST, A DISTANCE OF 420.00 FEET; AND SOUTH 000 10'44" WEST, A DISTANCE OF 30.00 FEET; AND SOUTH 89057'00" WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 000 10'44" EAST, A DISTANCE OF 1200.00 FEET; THENCE SOUTH 89057'00" WEST, A DISTANCE OF 260.00 FEET; THENCE NORTH 000 10'44" EAST, A DISTANCE OF 761.31 FEET; THENCE NORTH 480 10'58" EAST, A DISTANCE OF 123.61 FEET, MORE OR LESS, TO THE LOW WATER MARK OF THE STILLWATER RIVER; THENCE SOUTHEASTERLY, ALONG THE LOW WATER MARK, A DISTANCE OF 592.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS NORTH 000 16'14" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 000 16'14" WEST, A DISTANCE OF 238.94 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION DEEDED TO THE STATE OF MONTANA FOR HIGHWAY PURPOSES, RECORDED SEPTEMBER 26, 1932, IN BOOK 211, PAGE 176, RECORDS OF FLATHEAD COUNTY, MONTANA. ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF MONTANA BY BARGAIN AND SALE DEED RECORDED MARCH 10, 1992, AS DOC. NO. 92-070-08520. ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE MONTANA DEPARTMENT OF TRANSPORTATION BY BARGAIN AND SALE DEED RECORDED OCTOBER 26, 2010, AS DOC. NO. 201000024648. For informational purposes only, the property address is 900 W. Reserve Dr., Kalispell, MT 59901, and has ASSR #0000028926. 2007113 Jiu-�D RECORDING REQUESTED BY AND i(:�c! WHEN RECORDED MAIL TO: {% THORNTON BYRON LLP r 77 3101 W. MAIN, SUITE 200 �r POST OFFICE Box 715E BOISE, ID 83707-1156 208-344-8600 (SPACE ABOVE LINE FOR RECORDERS USE) CRFM-13163 STATUTORY WARRANTY DEED (5 FOR VALUE RECEIVED, DBH PROPERTIES L.P. , an Idaho limited partnership, acting for O and on behalf of, and as the nominee of DUANE B.HAGADONE, Granter, does hereby grant, `J bargain, sell and Convey to SUMN11T HOLDINGS LP, an Idaho limited partnership, whose current address is PO Box 6200, Coeur d'Alene, Idaho 83816-1937, Grantee, all of Grantor's right, title and interest in and to certain real property located in Flathead County, Montana, more particularly described on Exhibit A attached hereto and made a part hereof by this reference. TOGETHER WITH all improvements, easements, hereditaments and appurtenances thereto, and subject to such other rights, easements, covenants, restrictions and zoning regulations as appear of record or based upon the premises. To HAVE AND To HOLD the said premises, with their appurtenances, unto the said Grantee and Grantee's successors and assigns forever. Grantor hereby covenants to and with the said 1-Grantee that Grantor is the owner in fee simple of said premises; that said premises are free from t all encumbrances, ExCEpT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; AND subject to reservations, restrictions, dedications, easements, rights of way and agreements, if any, of record, and general taxes and assessments (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable; AND Grantor hereby binds itself, its successors and assigns to warrant and forever defend all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomever, lawfully claiming or to claim the same, or any part thereof. Grantor, its successors and assigns shall and will warrant and by these presents forever defend the premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against Grantor, its successors and assigns, and against all and every person and persons whomsoever lawfully claiming the same, shall and will WARRANT and by these PRESENTS forever defend. STATUTORY WARRANTY DEED - P. 1 00"7113 l O of () IN WITNESS WHEREOF, Grantor has hereunto subscribed its name to this instrument effective the first day of January, 2006. GRANTOR: DBH PROPERTIES L.P, �- DUANE B. HA(3ADONF,1%NERAL PARTNER HAGADONE REALTY, INC., GENERAL PARTNER H � DUANE B. HAGADONE, IDENT STATE OF IDAITO ) S5. COUNTY OF KOOTENAI } IL On this day of December, 2006, before me, the undersigned Notary Public in and for said State, personally appeared DUANIE B. HAGADONE, known or identified to me to be one of the General Partners of DBH PROPERTIES L.P. , the within named Idaho limited partnership that executed the foregoing instrument, and the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for and on behalf of said limited partnership for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Residing at �.rA Commission expires: of STATUTORY WARRANTY DErn - P. 2 200 f113'Ub-jo STATE OF IDAHO SS. COUNTY OF KOOTENAI On this /�—'day of December, 2006, before me, the undersigned Notary Public in and for said State, personally appeared DUANE B. HAGADONE, known or identified to me to be the President of HAGADONE REALTY, INC., an Idaho corporation, one of the General Partners of DBH PROPERTIES L.P., the within named Idaho limited partnership that executed the foregoing instrument, and the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in such capacity for and on behalf of said limited partnership for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �- 4�L- OTARY PUBLIC State of IdOo Residing at ...� Commission expires: STATUTORY WARRANTY DEED - P. 3 200 113 EXHIBIT A THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25; THENCE ALONG THE SOUTH LINE OF SECTION 25, SOUTH 89-57-00" WEST, A DISTANCE OF 91.09 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 93; THENCE ALONG THE WEST LINE OF THE HIGHWAY NORTH 00"10'44" EAST, A DISTANCE OF 1358.99 FEET; THENCE NORTH 64"13'31" WEST, A DISTANCE OF 283.36 FEET TO THE POINT OF BEGINNING; THENCE RETRACING SOUTH 64013'31" EAST, A DISTANCE OF 273.36 FEET; THENCE SOUTH 07°04"31" EAST, A DISTANCE OF 71.42 FEET TO THE WEST LINE OF U.S. HIGHWAY 93; THENCE ALONG THE WEST LINE OF THE HIGHWAY SOUTH 00° 10'44" WEST, A DISTANCE OF 1232.46 FEET TO THE NORTH RIGHT OF WAY LINE OF WEST RESERVE DRIVE ( A COUNTY ROAD); THENCE ALONG THE NORTH LINE OF THE COUNTY ROAD SOUTH 89-57'00" WEST, A DISTANCE OF 420.00 FEET; AND SOUTH 00°10'44"' WEST, A DISTANCE OF 30.00 FEET; AND SOUTH 89057'00" WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 00010'44" EAST, A DISTANCE OF 1200.00 FEET; THENCE SOUTH 89-57'00" WEST, A DISTANCE OF 260.00 FEET; THENCE NORTH 00°10'44" EAST, A DISTANCE OF 761.31 FEET; THENCE NORTH 48°10'58" EAST, A DISTANCE OF 123.61 FEET, MORE OR LESS, TO THE LOW WATER MARK OF THE STILLWATER RIVER; THENCE SOUTHEASTERLY, ALONG THE LOW WATER MARK, A DISTANCE OF 592.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS NORTH 00016'14" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 000 16'14" WEST, A DISTANCE OF 238.94 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION DEEDED TO THE STATE OF MONTANA FOR HIGHWAY PURPOSES, RECORDED SEPTEMBER 26, 1932, IN BOOK 211, PAGE 176, RECORDS OF FLATHEAD COUNTY, MONTANA. ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF MONTANA BY BARGAIN AND SALE DEED RECORDED MARCH 10, 1992, AS DOC. NO. 92 070-08520. For informational purposes only, the property address is: 900 W. Reserve Dr., Kalispell, MT 59901 STATUTORY WARRANTY DEED - P. 4 Montana Department of Transportation Right -of -Way Bureau PO Box 201001 Helena, MT 59620-1001 - 201000024649 IIIYIIINIIINIIIIIIINIIIYIIINIIINIIINIIINIIIIIIIYIIIIIIINIIIIIIIYIIINIIII F;a=; $42.00 Paula Robinson, Flathead County MT by DD 10/26/2010 11:22 AM R0IMForms\PIn1520 Revised 11/06/09 State of Montana Department of Transportation Right -of -Way Bureau 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 RAN ID.: MT-NH-NCPD 15(76) -Parcel No.: 67 County: Flathead Designation: Kalispell Bypass Project No.: 2038-076 Bargain and Sale Deed This Deed, made this IT"-" day of (�YL E1/ 20 ID, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration now paid, the receipt of which is acknowledged, witnesses that, bo Summit Holdings, LP P. O. Box 6200 OCoeur D'Alene, ID 83816-1937 does hereby grant, bargain, sell and convey to the Montana Department of Transportation the following -described real property: Parcel No. 67 on Montana Department of Transportation Project MT-NH-NCPD 15(76), as shown on the Right -of -Way plan for said project recorded in the office of the County Clerk and Recorder of Flathead County, Montana._ Said parcel is also described as a tract of land within Certificate of Survey No. 6586: and Parcel A of Certificate of Survey No. 5510, situated in the SEY<SE'/, of Section 25, Township 29 North, Range 22 West, P,M.,M., Flathead County, Montana, as shown by the shaded area on the plat, consisting of 2 sheets, attached hereto and made a part hereof, containing an area of 0.062 ha (0.15 acre), more or less. ALSO, the Grantor hereby conveys to the Montana Department of Transportation all rights of ingress and egress over and across the access control lines shown on said attached plat. 0 aGrantor reserves the right of reasonable access to and from the adjacent property of the Q Grantor. Subject to previously acquired access control. It is expressly intended and agreed that these covenants, burdens, and restrictions shall run with the land and shall forever bind the Grantor, its successors and assigns. ROW:2038:P67'.rle Page 1 of 2 IIIIVIIIVIIIVIIIalll�lllalllllllllllllllllllllll�IIIIIIIIIIillllll6�llll Page°2or64a Feee: $42,00 Paula Robinson, Flathead County MT by DD 10/26/2010 11:22 AM Bargain and Sale Deed Parcel No.: 67 RAN ID.: MT-NH-NCPD 15(76) Designation: Kalispell Bypass - Excepting and reserving to Grantor(s), however, all gas, oil and minerals beneath the surface of the above -described and conveyed premises, together with the right to extract the same, provided that in the exercise of such right, the surface thereof shall not be disturbed, interfered with or damaged. This exception and reservation does not include sand, gravel and other road building materials, which are conveyed by this Deed. Further excepting and reserving unto the Granlor(s), its successors and assigns, all water, water rights, ditches, canals, irrigation systems, existing or as relocated, if any, including but not limited to, water stock or shares, bonds, certificates, contracts and any and all other indicia of water, water right and ditch ownership, or any interest therein appurtenant to the land described therein, save and except groundwater for the use, benefit and purposes of the Grantee(s). To have and to hold the above -described and conveyed premises, with all the reversions, remainders, tenements, heredilaments and appurtenances thereto, unto the Montana Department of Transportation, and to its successors and assigns forever. This Deed was executed on the date of its last acknowledgment ( r /�y� rn A n!fi L., G r �+ �/ /RCi/ L t_ N cSi Ih E v `:t6 A lAi!✓RG� ct �n i ll Y� A ML' as L'Y!',baAi r`of SgMAA IT— t+6. )(ti•(<s (Si ature) (•,,,� I� C, R6/k L1riN t� (Type of Authority) (Name of Entity) (Signature) (Signature) (Signature) Stale of -TvkC 0 as (Type of Authority) of (Name of Entity) as of (Type of Authority) (Name of Entity) as (Type of Authority) of (Name of Entity) Count of �16 y 04fiA(L1, j C) This instrument was acknowledged before me on dt ( a e) by (name of person(s)) n as ni h�5y� �r aF 1 1 f %N' fYC i �� v' �5TLL4e+� T /t 1rt4�kE�rY� z o r /-I_C Cal 2hh� ! /rTP��EL (type of authority, e.g., president, trustee, member, partner, etc.) of V.(V\WN tT 0CLQfN(2s� l_n \\\;;amle 1 J I /ty on behalf of whom i tr nent was executed) `I WqR �i\Y dh L' Notary Signature Line v't4oTARY = � •• (Seal) _ _ Notary Printed Name Notary Public for State of �1�A PUBLIC Z- Residing at: Lq�itf i� G� y�LYI�' �i� ST • • • . • . • ' 0 My Commission Expires. 6 q / 1'7 ! 20j State of gT, i(3Fl \O �\\ ) County of This instrument was acknowledged before me on by as of Recording Information (d (name of pe (type of authority, e.g., president, trustee, member, partner, etc.) (name of entity on behalf of whom instrument was executed) Notary Signature Line (Seal) Notary Printed Name Notary Public for State of Residing at: My Commission Expires: / / 20_ — Page 2 of 2 9 O O Q C III�III�IIINIIIIIIIIIII1IINININ1111111III111IIII111111 11111111I I 2010 Page°3 of 66413 Fees42,00 Paula Robinson, Flathead County MT by DD 10/26/2010 1:22 AM PI : 115+13. 66 lLS I e 35' 33 R� _75O m Ls -15 00 m 9. ,p5 51 5 q7' (LT I e, 7s=ISO.58 =2.07.65 m U') E+ = 1 3. 63 m 5 =6% sE M r s ol� � o -------- _'W—�_ JI J SW' NE SEC. 36 N� / R? co � s E NW4 NE 4 t SEC. 36 d N m f � 65 s E ` 0 m �f 50 m 115+42 R/W +00 W-- 1 1 4 m 114 m GRID STATE PLANE COORDINATES THIS 15 A.STATE PLANE COORDINATE PROJECT. ALL DI►ENSIONS. DISTANCES AND AREAS ON THIS PROJECT ARE GRID, EXCEPT FOR THE EXISTING R/W WIDTH ONENSION, WHICH IS ,RECORD. THE C060NATION SCALE FACTOR IS 0.999470385 N 3�• 65-LI r E :HOL-OAY INN E%PRESS°GJROIVI$IDNLOT � f N ILINE ROAD EX. R/W NE 4 N SEC. EX. R/W NOTES. I. ALL ►EASUREIE 2. THE P"OSE0 TRANSITION IS I CONCENTRX: Cu ]. THE ENGLISH Al PURPOSES ONLI 4. ALL STATIONS 1 N REFERENCE ' is E o - R/W EX. EASE. .o' E7 10 e m / 7 /R/W 119+05 40 m �N Illalll III 1 II 1111IIII IIVI IIII IIII IIVI IIVI 1111111111 IIII1111 III II Till III Paula Robinson, Flathead County MT by DID STATE I RIGHT-OF-WAY 0 MONTANA MT-NH-NCPD 15176) PROJECT NUMBER 2030-076 KALISPELL BYPASS ISEC. 36 DNRCI NH 5-3 IT 1 201000024648 PRO'. N0. 2038-060 J Page: 4 of 6 Fees: $42.00 10/26/2010 11:22 AM I r 1 �5 C he ' X. EASE.y�°o�,Vo `y�p'� �•Lp ►'+P� . v Q ` 92 E y EASE. 4� .\ A EX. EASE. ��_ _ID r^ m m A =55. 15' 19" (RT 1 ,\ — E 0 Rc =400 m yy 9■ =7' 09' 43" p = o pc =40' 55' 53" (RT) a T■ =259. 88 m Lc =2B5.75 m E■ =52.65 m S =8% NE4 NE4 SEC. 36 W c° q . prQ• ° C. 0. S. NO. 6586 jEX. EAS 66 67 SE4SE4 SEC. 25 0+47. 66 R/W 44.42 m EASE. = R/W S .C.IS 5 73' 46' 54' W HE NE CORNERIFND B. C. I EX. SPA TRANSMISSION LINE EASE. -� PARCEL 67 MEASUREMENTS ARE METRIC EXCEPT AS NOTED PROPOSED R/T LINE "ME A SPIRAL CURVE L E G E N D nnION.IS USED IS A CHORD RATHER THAN A TRACT CONVEYED :ENTRIO CURVE. DKNERSN• BCrtAOAgY mulmmmENDL6N AREAS ARE FOR INFORMATIONAL RIDHT OF WAY LINE ----- DATE PREPARED 4-25-04 'OSES WILT. R.R. RA LYE --------- STATIONS ANDOFFSETS FOR R/■ BREAKS ARE EFERENCE TO THE R/1 BASELINE. CENTERLINE I FULL ACCESS CONTROL---- M AB LYTED ACCESS CONTROL - "AA ------- rS4,- DATE REVISED E-E7-Of TNR MAr a Mraa■ i;M -9 ~AAA ■■PA■rWT W TRWO'm■rm POINT MY RAM■ t ■"mcs A. Im ora v nK C&ANTr mm w wcwwk SHEET 1 OF 2 MONTANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY EXHIBIT FLATHEAD COUNTY SCALE 111000 O sow loom a 9� LLS no 0 IIIV�II I II I II II�IIINI III IIIAlII1IIlAI IIII IIYI IIWI IIIII�UI IIB II I al IIY IN 201000024646 N Page: 5 of 6 Fees: $42.00 Paula Robinson, Flathead County MT by DD 10/26/2010 11:22 AM EX. R/W 54. 66m C. 0. S. PAF , � 1110' 1 SE 4 SE 4 EX. R/W U. S. G SEC. 25 LOT 96 SEC. 106 N w ; 6 s M N I 2 m ¢ (V C. 0. S. NO, 17902 f CJC. 0. S. N0. 5510 .— PARCEL B , � o ' PARCEL A •,+� ^ s o O >< 105+40 R/W c 1 W jll C> 33 m r�Z s no 0 ��,. •` `' „� 105+25 R/W n E \ `IJ• �t v 33 m n N 9s n".0 cv 122+73. 39 n * m + M 27.49 m n A H o FND, PROP. COR. - - 122467.44 EX, R/W EX. R/w 16.99 m FND. A. C. $ Bw 06' 5" E DO NOT DISTURB SIGN c o . _• 104+45. 24 '^ 30.59 m FND R/W MON :I EX. EASE. 122+ R/W ; -- v 6.9E m; ; v �� +1 ;• 122+67.4••R/W C, + 65 + N 4 WE T RESERVE 21 m= N ^� 104+56.3C R/W US 93 24. 9 m 1 04 I^ 10f C. 0. S. NO. TE60 EX. R/W - R/W TRACT I o I ................... �¢ m 54. E6m Ile 1o3+e7.10 1 1 24.45 m W oA :I ; FND. PROP. PIN NE 4 NE 4 T J V EW0,:I N 105 r + SEC. 36 oNzu ns V MOUNTAIN VIEW PLAZA _ W .I Z SUBDIVISION LOT 9 N EX. R/W 103 EX. EASE. ............................. GRID STATE PLANE COORDINATES NOTES, 1. ALL MEASUREMENT: THIS IS A STATE PLANE COORDAATE PROJECT. 2. THE PROPOSED R/I ALL DIMENSIONS, DISTANCES AND AREAS ON THIS TRANSITOI 6 US13CONCENTRIC CURVE PROJECT ARE CPO, EXCEPT FOR THE EXISTING 3. THE ENGLISH AREN R/W WIDTH DIMENSION, WHICH IS RECORD. THE PURPOSES ONLY. COMBINATION SCALE FACTOR 15 0. 999470365 4. ALL STATIONS AND N REFERENCE TO F S. GOVT LOT 4 SEC. 30 v N t E � K K N U t E n 'a O ,n NO � m � � a STATE RIGHT-OF-WAY ro uuNN ppyy NN qtltlq pqqp 'pp'II YoYo YpY MONTANA MT-NH-NCPD 151T6) IIINIIINIIIpI III IIYIII�I III IIII IIAI III IIYI III III �I�IIII IIIII IIr IIII Pagel 6 of 6 PROJECT NUMBER 203E-0T6 2age:6 f6 XALISPELL BYPASS Paula Robinson, Flathead CountyMT b DO Fees: $42.00 IS C. 36 DNRC I Y 10/26/201011:22AM NH 5-3160)IO9 2038-060 J P. 0. T. 122+46. 38 IS S IV 29' 35' N 1.19 m FROM THE NE COINER OF SECTION 36. (FND B. c. I N 97 EX. R/W-, NI= 16. 81 m VFN7D. PROP. PIN IZ3+95.20 • 18. 17 m 4• 21 R/W FND. PROP. PIN 3 RI/W 4. 9 m R/W UFA IHANSMLSSIUN LINE EASE. _ � � l cV 3 E E � o 0 N E s � K N ~ SE4SW4 N SEC. 30 EX. BPA TRANSMISSION LINE EASE. 126+69.00 e 1. 13 m ENO EASE. � 16+51 - I x I� 56.4 m BEC. EAS , 126+ 1 R/W'. EX. R/W 24. 17 m R/W : EX.' R/W WEST RESERv DRIVE \ £0'b5+60Z 1 S 86' 06 45 E t£'1£+60Z Id EX. R/W .... , .. .... 101 C. 0. S. NO. 16333 TRACT 2 �i N 60ZNW :W 61.yL+6oNE4NW4 N U 1(1 O N m N= SEC. 31 U. S. GOVT. `= LOT 1 1 .C-4 SEC. 31 �o z N N E O 38 IS N 03. 29' 35' E 806. 23 m FROM THE El/4 104 102 A z D OW 0 N CORNER OF C. 0. S. NO. 14680 SECTION 36, IFNO BRASS CAP) PARCEL I r SUREMENTS ARE METRIC EXCEPT AS NOTED POSED R/W LINE WHERE A SPIRAL CURVE ON IS USED IS A CHORD RATHER THAN A RIC CHIVE. LISH AAEAS ME FOR INFORMATIONAL S ONLY. M IS Alb OFFSETS FOR R/W BREARS ARE IENCE 10 THE R/W BASELINE. 00. -'zz I o 0 N W � O f N a0Z = o PARCEL 67 -.SHEET 2 OF 2 L E G E N D MONTANA OWNERSHIP BOUNDARY ...... • . • • • TRACT CdrErED :^...;., .:,:+x ;H: 'j: DEPARTMENT OF TRANSPORTATION RIGHT OF BAY LINE ----- DATE ►REPAREO _ 4-23-0E RIGHT OF WAY EXHIBIT R.R. A/R LSE CENTEAL MARE DATE REVrSfO 5-13-10 FLATHEAD COUNTY FULL ACCESS CONTROL--,A&---M— T" Ka { Rmemn WAm M u1AT.AA w mtw t SCALE IW 1000 LIWTED ACCESS CONTROL —.t-- .Ati O TAA TAf= — a W V KM ► ISORNEA M TTA WIIRt W THE f IT am MI TXlL.RWR 0 SOM IOOM 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 sanne 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 Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell. wQr q 1[ Zo23 Petitioner wner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF IDAHO ) ss County of Y—C, c.VU-\ tU On this 4 1 ' day of , G before me, the uaidorsigned. a Notary Public for the State of Idaho, personally ly appeared t� x"� } Ain 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. '�)tevth w t dmw irk n_,'% MG-no-W ore P i rmo- e cnd tS a`v��Z2C t fl Stan a-� beN,1�� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my N tary Seal the day and year in this certificate first above written. " h Notary Public, State o Idahn Printed Name S -0 MICHAELA SEVERSON Notary Public - state of Idaho Residing at i Commission Number 20213515 My Commission expires: My Commission Expires Jul 27, 2027 2 Exhibit A *************************************** THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25; THENCE ALONG THE SOUTH LINE OF SECTION 25, SOUTH 890 57'00" WEST, A DISTANCE OF 91.09 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 93; THENCE ALONG THE WEST LINE OF THE HIGHWAY NORTH 000 10'44" EAST, A DISTANCE OF 1358.99 FEET; THENCE NORTH 640 13'31" WEST, A DISTANCE OF 283.36 FEET TO THE POINT OF BEGINNING; THENCE RETRACING SOUTH 640 13'31" EAST, A DISTANCE OF 273.36 FEET; THENCE SOUTH 070 04'31" EAST, A DISTANCE OF 71.42 FEET TO THE WEST LINE OF U.S. HIGHWAY 93; THENCE ALONG THE WEST LINE OF THE HIGHWAY SOUTH 000 10'44" WEST, A DISTANCE OF 1232.46 FEET TO THE NORTH RIGHT OF WAY LINE OF WEST RESERVE DRIVE (A COUNTY ROAD); THENCE ALONG THE NORTH LINE OF THE COUNTY ROAD SOUTH 890 57'00" WEST, A DISTANCE OF 420.00 FEET; AND SOUTH 000 10'44" WEST, A DISTANCE OF 30.00 FEET; AND SOUTH 89057'00" WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 000 10'44" EAST, A DISTANCE OF 1200.00 FEET; THENCE SOUTH 89057'00" WEST, A DISTANCE OF 260.00 FEET; THENCE NORTH 000 10'44" EAST, A DISTANCE OF 761.31 FEET; THENCE NORTH 480 10'58" EAST, A DISTANCE OF 123.61 FEET, MORE OR LESS, TO THE LOW WATER MARK OF THE STILLWATER RIVER; THENCE SOUTHEASTERLY, ALONG THE LOW WATER MARK, A DISTANCE OF 592.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS NORTH 000 16'14" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 000 16'14" WEST, A DISTANCE OF 238.94 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION DEEDED TO THE STATE OF MONTANA FOR HIGHWAY PURPOSES, RECORDED SEPTEMBER 26, 1932, IN BOOK 211, PAGE 176, RECORDS OF FLATHEAD COUNTY, MONTANA. ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF MONTANA BY BARGAIN AND SALE DEED RECORDED MARCH 10, 1992, AS DOC. NO. 92-070-08520. ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE MONTANA DEPARTMENT OF TRANSPORTATION BY BARGAIN AND SALE DEED RECORDED OCTOBER 26, 2010, AS DOC. NO. 201000024648. For informational purposes only, the property address is 900 W. Reserve Dr., Kalispell, MT 59901, and has ASSR #0000028926. At 410% CITY OF Kalispell Zoning KALISPELL Mountain villa Apartments ® Subject Parcel 1312/PUD General Jr B-2 General Business BUSIness Ebb B-2 General Business w/PUD With Pud B-5 Industrial Business w/PUD R-5 Residential/Professional Office w/PUD Glacier Memorial Gardens c` r � 04^ Subject Parcel � ;�ilridge A o B-2 General Business R-5/PUD Residential/Professional 1315/PUD 13-2/PUD General Office With Pud Industrial -Business Business With Pud With Pud - O Data Sources: Montana Cadastral, N 0 150 300 600 900 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - April 7, 2023 Esri Community Maps, ArCGIS.com -000 CITY OF Kalispell Growth Policy KALISPELL Mountain villa Apartments ® Subject Parcel Commercial Urban Mixed Use High Density Residential Suburban Residential Public/Quasi Public, Openspace Cemetery Suburban Residential Subject Parcel , OOZOF 0 Jo Commercial High Density Residential 93 Urban 93 p Mixed Use 17-1 Data Sources: Montana Cadastral, N 0 115 230 460 690 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - April 7, 2023 Esri Community Maps, ArCGIS.com CITY OF Kalispell Mailing List ® Subject Parcel ❑Mailing List Parcels KALISPELL Mountain villa Apartments ❑ Other Parcels aC d W Z 0 o� i N S r,q 1 1 ,at r' e TFI s ,r� n g Reserve PI93 S/j 93 ❑ I o 00 � o s Data Sources: Montana Cadastral, N 0 200 400 800 1200 Flathead County GIs. Feet City of Kalispell GIs, Basemap: Austin Bachurski - April 7, 2023 Esri Community Maps, ArCGIS.COm From: ned hallino To: Kirstin Robinson Subject: EXTERNAL File #KA-23-04 —Summit Holdings, LP Date: Tuesday, May 9, 2023 12:44:06 PM Good Afternoon, I would like to comment regarding the proposed zoning change for Summit Holdings on the agenda for today. I have no issue with the annexation, but would recommend the city consider modifying the R- 2 portion of the parcel to an R-3 or R-4 zoning (in lieu of RA-1) to act as a more appropriate buffer/transition to the park and single-family development to the north and west. Thank you for your consideration. -Ned Halling (Homeowner in Country Estates) Allen Chrisman 193 Arbour DR E Kalispell, MT 59901 406-249-6130 achrisman52@gmail.com Flathead County Planning Board Re: Mountain Villas Zoning Request Comments Greetings all: I have been a homeowner in Country Estates —193 Arbour Drive East, Lot 95 — since 2005. When I bought the property, I was aware that the strip immediately to the East was County - owned, as a set -aside for a Park. I became aware that the Apartments were only a portion of the parcel to the East of that County strip. And I was relieved to find that the north end of the parcel, which borders the County strip and the river, was zoned R2, One Family Residential, which was a good fit with the existing development in Country Estates and Stillwater Loop. I understand from your Staff Report #KA-23-04 that the owners of the property have requested to be annexed into the City of Kalispell. I think that is a reasonable request. And having the Apartments connected to city sewer and services is a good idea. However, I also note that the request includes a proposal that the Zoning be changed to RA1, Residential Apartment for that portion that is currently zoned R2. This is a significant change, and unwarranted. There is room for further multifamily development on the current property in the area Zoned as RA1, and still leave the current R2 Zoning intact. Please see my approximation on the map at the end of this letter. Converting the current R2 zoning to RA1 will create an intrusion into the R2 Zoning that is unwarranted — it will be surrounded by R2 as shown in the map to the right: 1 agree that it is best if parcels could be wholly within s ° "$Z° °W 690 =,. '-_ _'_ 6asema0. one Zone or another. But when the previous zoning, in '�"� �"�' A` place for many years, is replaced with something that doesn't make sense, then allowances should be made. This parcel should remain split between RA1 and R2 as it is currently zoned. If the zoning is converted to RA1, despite my concerns, I ask that the access to the northern property not include connection to Stillwater Loop or Arbour Drive East. These roads are narrow, the asphalt is deteriorating, and often times have vehicles parked along them constraining road width. With the number of children in the neighborhood, that becomes a significant risk. I am not able to be at the meeting either in person or via Zoom. I ask that my comments be recorded as part of the record, and my strenuous objection to the RA1 Zoning change be noted. Thank you for the opportunity to comment. ky