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E2. Ordinance 1913, Lupine Meadows ZoningKALisPEii, Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1913 — Lupine Meadows Initial Zoning Second Reading MEETING DATE: September 18, 2023 BACKGROUND: This application regards a request from 40 Valley View, LLC, for annexation, initial zoning of R-4 (Residential) and major subdivision approval of Lupine Meadows, an 18-lot residential subdivision (18 townhomes with nine sets of two attached units). The subdivision contains approximately 4.57 acres in lots, roads and common area. The property is located at 40 Valley View Drive near the intersections of Valley View Drive with both Foys Lake Road on the north end of the property and Lupine Drive near the southern end, and can be legally described as Parcel 1 of Certificate of Survey Number 16631, a tract of land situated, lying, and being in the East Half of the Southeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, less and excepting therefrom that parcel conveyed in Bargain and Sale Deed to the Montana Department of Transportation, recorded May 19, 2009, as Document No., 200900014122, records of Flathead County, Montana. The Kalispell City Council, at their meeting on September 5, 2023, unanimously approved the annexation and preliminary plat, as well as the first reading of Ordinance 1913 relating to the initial zoning. RECOMMENDATION: INITIAL ZONING: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1913, 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 1 of Certificate of Survey Number 16631, a tract of land situated, lying, and being in the East Half of the Southeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, less and excepting therefrom that parcel conveyed in Bargain and Sale Deed to the Montana Department of Transportation, recorded May 19, 2009, as Document No., 200900014122, records of Flathead County, Montana, as City R-4 (Residential), 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 1913 August 8, 2023, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1913 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 PARCEL 1 OF CERTIFICATE OF SURVEY NUMBER 16631, A TRACT OF LAND SITUATED, LYING, AND BEING IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, LESS AND EXCEPTING THEREFROM THAT PARCEL CONVEYED IN BARGAIN AND SALE DEED TO THE MONTANA DEPARTMENT OF TRANSPORTATION, RECORDED MAY 19, 2009, AS DOCUMENT NO.200900014122, RECORDS OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, 40 Valley View, LLC, the owners of the property described above, petitioned that the zoning classification attached to the above -described tract of land be zoned R-4 on approximately 4.57 acres of land; and WHEREAS, the property is located at 40 Valley View Drive; and WHEREAS, 40 Valley View's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-23-05, dated August 8, 2023, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Residential, 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-23-05. 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 R-4, Residential, on approximately 4.57 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 18TH DAY OF SEPTEMBER, 2023. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING August 8, 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, Joshua Borgardt, Pip Burke, Kevin Aurich, Rory Young, and Tim Stocklin. Jarod Nygren, Kari Barnhart, and PJ Sorensen represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Young moved and Aurich seconded a motion to approve the minutes of the July 11, 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 Mary Mitchell — 279 Morning View Dr. — Expressed concerns regarding ongoing development and water restrictions. BOARD MEMBER SEATED Rory Young recused himself from KA-23-05 and KPP-23-07, he is a representative for the applicant. KA-23-05 & KPP-23-07 — LUPINE A request from 40 Valley View, LLC, for annexation, initial zoning of R-4 MEADOWS (Residential) and major subdivision approval of Lupine Meadows, an 18-lot residential subdivision (18 townhomes with nine sets of two attached units). The subdivision contains approximately 4.57 acres in lots, roads and common area. The property is located at 40 Valley View Drive near the intersections of Valley View Drive with both Foys Lake Road on the north end of the property and Lupine Drive near the southern end. The property can be legally described as Parcel 1 of Certificate of Survey Number 16631, a tract of land situated, lying, and being in the East Half of the Southeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, less and excepting therefrom that parcel conveyed in Bargain and Sale Deed to the Montana Department of Transportation, recorded May 19, 2009, as Document No., 200900014122, records of Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report AKA-23-05 & KPP-23-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report # KA-23-05 & KPP-23-07 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions on the staff report. BOARD DISCUSSION In response to Ms. Mitchell's public comment, Graham and Haskins discussed water supply, temporary water restrictions, and the removal of the Noffsinger spring. Nygren added that there is plenty of water and that there have been delays in production of the new well due to labor shortages and cost increases. Borgardt added that the city is not in a drought condition. Graham and Sorensen discussed the last condition on the Staff Report to strongly consider including Fish, Wildlife, and Parks guidelines. Burke and Staff discussed storm water retention options and how it increases the cost to develop the site. Graham stated that all new housing is a key component of affordable housing. Borgardt clarified with Haskins that there are not enough funds to build enough water pressure and wells. Haskins added that the Ci 's rates are nominal with current Kalispell City Planning Board Minutes of the meeting of August 8, 2023 Pagel growth rate. Nygren stated there were no significant wildlife habitats identified when the Growth Policy was put in place. PUBLIC COMMENT Bob Erickson —1750 Hwy 93 S — Representing the applicant. Advised that there are multiple options to address storm water retention and would be happy to answer any questions. Rich Emanuel — 279 Morning View — Concerned that this would be a tax burden for residents and would like Fish & Wildlife to be more involved. Athena Miller — 212 Valley View Dr — Concerned about wildlife, water supply, noise pollution, and a lower quality of life. MOTION — KA-23-05 Burke moved and Stocklin seconded that the Kalispell Planning Board adopt staff report #KA-23-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions on the staff report. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-23-07 Borgardt moved and Aurich seconded that the Kalispell Planning Board adopt staff report #KPP-23-07 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions on the staff report. BOARD DISCUSSION Stocklin stated that he liked the location and Aurich stated it was a good filler project. ROLL CALL Motion passed 4-1 on a roll call vote. BOARD MEMBER RE -SEATED Rory Young re -seated. OLD BUSINESS Sorensen updated the board on the July 11t1i, 2023 agenda items. NEW BUSINESS Sorensen updated the board on the upcoming September 12t'', 2023 Planning Board Meeting. ADJOURNMENT The meeting adjourned at approximately 6:43PM. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of August 8, 2023 Page 12 LUPINE MEADOWS ANNEXATION AND INITIAL ZONING OF R-4 — STAFF REPORT #KA-23-05 MAJOR SUBDIVISION - STAFF REPORT #KPP-23-07 KALISPELL PLANNING DEPARTMENT AUGUST 8, 2023 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from 40 Valley View, LLC, for annexation and initial zoning of R-4 (Residential), along with a major preliminary plat on approximately 4.57 acres. A public hearing has been scheduled before the Planning Board for August 8, 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 This report regards a request from 40 Valley View, LLC, for annexation, initial zoning of R-4 (Residential) and major subdivision approval of Lupine Meadows, an 18-lot residential subdivision (18 townhomes with nine sets of two attached units). The subdivision contains approximately 4.57 acres in lots, roads and common area. The property is located at 40 Valley View Drive near the intersections of Valley View Drive with both Foys Lake Road on the north end of the property and Lupine Drive near the southern end. A: Applicant: 40 Valley View, LLC 4364 Highview St Richland, WA 99352 B: Location: The property can be legally described as Parcel 1 of Certificate of Survey Number 16631, a tract of land situated, lying, and being in the East Half of the Southeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, less and excepting therefrom that parcel conveyed in Bargain and Sale Deed to the Montana Department of Transportation, recorded May 19, 2009, as Document No., 200900014122, records of Flathead County, Montana. 1 Kalispell Zoning KALISPELL Lupine Meadows ® Sues Pa 1 — R-2 Residential R-2 P--chute! wJ PUd R-3 Raidendal it R-3 R—dential wXUD R4 R4 R—de t. ResidendaI R-3 R-3MD Residendal Re dmdal WC, Pud Ra - - a R-VPUD R-3 Revtlenhal Resitlerrdal Wdh Pud f dal r ac dasta6 N 0150 300 600 900 gahaad coamv GG Fl Feet eet GTy of Ka%ell GR Basema p: vu en eadw,rsicl -bey tz, znz3 Esn Cmmunity Maps, ArCGiS.com C. Size: The subj ect property is approximately 4.57 acres. D: Adjacent Zoning: North: City R-3/PUD East: County R-1 South: City R-2/PUD; County R-1 West: City R-2/PUD; County R-1 E: Adjacent Land Uses: North: Urban single-family residential (under development) East: Rural single-family residential; Highway bypass South: Rural single-family residential West: Urban and rural single- family residential F: Existing Land Use and Zoning: The subject property is mostly vacant. There is a city street which runs through the property, and an existing building on the south side of the street which housed a construction company along with related on -site storage. The current zoning for the property is county R-1 (Suburban Residential), which is "a district to provide estate -type development. These areas would normally be located in rural areas away from concentrated urban development, typically not served by water or sewer services, or in areas where it is desirable to permit only low -density development (e.g., extreme topography, areas adjacent to floodplains, airport runway alignment extensions)." G: Proposed Zoning: The proposed zoning is city R-4 (Residential). The Kalispell Zoning Regulations state that the intent of the district is a district "comprised of primarily single- family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as suburban residential and urban residential on the Kalispell Growth Policy Future Land Use Map." H: General Land Use Character: The subject property is located just to the west of the bypass interchange with Foys Lake Road. It is a primarily residential area with a mix of newer urban development and older county development. Mountain View subdivision is currently developing its first phase on the north side of Foys Lake Road and is projected to have 407 units. Both Mountain View and Lone Pine Trails (a city subdivision to the west of the property) include a mix of detached and attached (townhouse) single-family homes. I Kalispell Growth Policy KALISPELL LupineMeadows Ll�� m wall r .ii■�i,11� f fy 1 �I NJ -C..kt.L N 0 180 360 720 10&0 L• Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. The property falls within the annexation boundary established in the growth policy. Areas within the annexation boundary were determined to be likely to be annexed upon petition due to available supporting infrastructure and other factors. J: Availability of Public Services and Extension of Services: Water and sewer service are available in the vicinity, and extensions will be necessary to serve the subdivision that would be completed by the developer. There is an existing street running through the property, with an additional street being constructed in the northern portion of the property. Sewer: City of Kalispell upon annexation Water: City of Kalispell upon annexation Refuse: City of Kalispell upon annexation Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95 (Rankin Elementary)/Flathead High School Fire: Smith Valley Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation 3 L ANNEXATION EVALUATION A. Compliance with the growth policy: Two primary means for managing growth in the City of Kalispell are redevelopmentlinfill 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, although the adjacent city limits are not contiguous with the primary city limits line. 4 B. Municipal Services: The City of Kalispell has an extension of services plan that details how services would be extended to the annexed property. Both sanitary sewer and water services are available to the property. Any additional extensions 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 Smith 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 1.3 miles from fire station 61 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, although that adjacent city limits are not contiguous with the primary 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. As undeveloped land, any cost of servicing the property would be minimal, but there would be assessments and tax revenue that would be collected. Once developed, it is anticipated that the revenue generated would exceed the cost of servicing the property. IL INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county R-1 (Suburban Residential). The applicants are requesting city R-4 (Residential). 1. Does the requested zone comply with the growth polices The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. The zoning ordinance contemplates R-4 as an appropriate zone within that land use designation. The requested zone complies with the growth policy. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? 5 The access for the property is onto Valley View Drive, a short distance from the roundabout at the Foys Lake Road/Highway 93 Bypass interchange. Annexation and zoning of the additional area would not directly change the impact on the transportation systems. Any development of the property would be reviewed and approved according to city design criteria that would account for access to the site. Along with this application, the applicant has submitted a request for preliminary plat approval, although a traffic impact study would not be required based upon the number of proposed lots. 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 R-4 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. Any development of the property would be reviewed and approved pursuant to city design criteria. Along with this application, the applicant has submitted a request for preliminary plat approval that would address those issues. 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. 8. Does the requested zone give consideration to the character of the district and its particular suitabili . for particular uses? 10 0 10 The proposed R-4 zoning district is consistent with the surrounding residential development in the immediate and general area. 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. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-4 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. 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. III. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT ao PRH IMMARYPIATM LUPINE MEADOWS I r 1-0—Y . L AREA 4 .4,s. 7 A. Effects on Health and Safety: Fire: The property would be considered to be at low risk of fire because any building constructed within the subdivision would be built in accordance with the International Fire Code and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the fire code and approved by the Fire Chief. Access: The primary access to the subdivision will be provided from Valley View Drive via Lupine Drive, which is an existing road providing access to Lone Pine Trails, a city residential subdivision to the west. Valley View connects with Foys Lake Road at the roundabout interchange with the Highway 93 Bypass. The proposed subdivision layout would include a new road extension through the northern portion of the subdivision and a future connection to the property to the west. Geology: The overall site is generally flat without any major topographical or geological features limiting development. The applicant submitted a Geotechnical report from Alpine Geotechnical dated February 16, 2023. Groundwater was encountered at a depth of 10.7-14.5 feet. The report did not indicate any impediments to development of the site, but did include recommendations that should be followed relating to infrastructure and home construction. B. Effects on Wildlife and Wildlife Habitat: There are no water features which would provide any aquatic or riparian habitat, although there is a small intermittent stream/drainage varying from about 120-240 feet south of the subdivision boundary. There also does not appear to be any significant wildlife impacts. It should be noted that the northern boundary of Lone Pine State Park is approximately 800 feet to the south. The area between the park and the subject property has been largely developed with single-family homes. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks which shows that the property does not provide important wildlife habitat. It also includes information relating to deer, elk and moose habitat. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. The Montana Department of Fish, Wildlife, and Parks submitted comments related to the proposal, noting that the area does provide some habitat for "white-tailed deer, small mammals, and birds within an area that is increasingly developed." They recommend including improvements for bike/pedestrian access to the park as well as a number of guidelines to minimize wildlife conflicts that could be incorporated into the subdivision covenants. Requiring a full connection from the subdivision to the park would entail at least a 1000-foot bike path extension off -site and outside the city limits, which would not be consistent with city policies. They are, however, improving the subdivision frontage along Foys Lake Road with an extension of the bike path within that right-of-way, which would help improve access to the park by expanding the network of paths in the area. In regard to guidelines in the covenants, the city has very limited involvement in private covenants, but the developer should strongly consider including the guidelines within their covenants. C. Effects on the Natural Environment: Surface and groundwater: The subdivision will be served by public water and sewer thereby minimizing any potential impacts to groundwater. Per the Geotech report, the static groundwater is generally from 10.7-14.5 feet below the surface. Floodplain: There does not appear to be any floodplain associated with the property (DFIRM Map 30029C1815J, effective date November 4, 2015). Due to the proximity of a mapped floodplain area, Jackola Engineering submitted a stamped statement and supplemental information which show a base flood elevation of 2941.2 NAVD88 based on the DFIRM and a prior Letter of Map Revision from FEMA. The documents, along with contour information on the proposed plat, show that the floodplain area does not extend onto the subject property. Drainage: Roadways will be paved and curb/gutter will channel runoff to designed low points, where storm water will be collected and routed to storm water ponds. Any open storm water facilities should have an elevated aesthetic design to be reviewed and approved by the Parks and Public Works Departments. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction and storm water management program. Final design will be approved by the Kalispell Public Works Department prior to development. Lots 5A — 9B do not appear to have a provision for stormwater detention or treatment as part of the initial design. In order to account for that, the final design will need to be adjusted and may result in reduced lot sizes or other adjustments to provide additional detention area. A condition of approval requires that a property owners' association be created for the maintenance of the common area which would include the common area drainage easements or parcels. As part of the drainage areas, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. In order to help ensure the continued maintenance of the storm water facilities, a note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. Lastly, the developer is required to submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. Wetland and Watercourse Setbacks: Under Section 28.3.06 of the subdivision regulations, a minimum 100-foot setback is required from wetlands to any proposed lot boundaries. Under Section 28.3.07, there is a minimum setback from rivers and streams which allows only limited uses. There are no wetlands or streams which would impact the subdivision under those provisions. D. Effects on Local Services: Water: Water to the subdivision will be provided by the City of Kalispell. The developer will tie into an existing water main that runs along the west and north property boundaries and extend the main through the subdivision. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. Utilities are shown on the preliminary utility plans as crossing into adjacent property. Extensions should end at the property line or the edge of the easement. There is adequate capacity within the city's water system to accommodate this subdivision. As a subdivision less than five acres in size, proportionate water rights do not need to be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. There is an existing force main along the west and north property lines. The developer will need to extend mains through the subdivision and tie into a gravity main located in the southwestern portion of the property. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. As with the water, utilities are shown on the preliminary utility plans as crossing into adjacent property and extensions should end at the property line or the edge of the easement. There is adequate capacity within the city's sewer system to accommodate this subdivision with the connection. Access and Roads: The access to the subdivision would be from Valley View Drive via Lupine Drive, which are both existing streets. Valley View Drive is a county road that connects to the roundabout at the Foys Lake Road/Highway 93 Bypass interchange. Lupine Drive is a city street which currently serves as the main access to Lone Pine Trails, a city subdivision located just to the west of this property. Foys Lake Road is designated as a major collector and Valley View Drive as a local street in the Transportation Plan and the frontages of the property would need to be improved to those standards. The specific improvements will be determined upon review of the engineering plans and existing conditions. Improvements may include, but would not necessarily be limited to, widening travel lanes, pedestrian paths, landscape boulevard, streetlights, and curb/gutter. Internal streets would include streets built to local design standards pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. Due to the number of lots generating less than 300 vehicle trips per day, a traffic impact study is not required under city regulations. Public Works submitted the following comments related to right-of-way improvements: (1) The road intersection with Lupine Drive could be made more perpendicular by extending the curve and an effort should be made to do that; (2) The sidewalk along Foys Lake should be moved to the right-of-way line, rather than as shown with a narrow offset 10 from the road. This will also help residents understand their responsibilities for clearing snow on their frontages; (3) Sidewalk ramps should be extended across Lupine Drive at the proposed intersection; and (4) Walkways in the right-of-way need to be concrete. Other portions will need to be approved by Parks. Standards call out a minimum of 3" asphalt on 8" base or 4" concrete on 6" base. Both are minimum of 10' wide. Public Works also noted that the temporary cul-de-sac needs to be concrete within the right-of-way and would need some form of curbing, which would not lend itself well to the basketball court shown on the plans. An alternate provision for park area will need to be provided. Once the road is extended, the cul-de-sac will need to be restored to a standard profile. Under Section 28.3.14(F)(1), when a proposed residentially zoned subdivision (R or RA zone) abuts certain specified streets (including Foys Lake Road), a uniform fence or wall shall be included along the frontage to be installed by the developer. Additionally, subdivision regulations (Sec 28.3.25) require that the final plat include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." Schools: The property is within the boundaries of School District 95 (Rankin Elementary) and Flathead High School. On average, it would be anticipated that there would be about 9 students (K-12) from the neighborhood at full build -out. Section 76-3- 608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 61 is located approximately 1.3 miles away providing good response time. Parks and Recreation: Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit for single-family lots, or 0.54 acres for the 18 single- family/townhome lots (or the equivalent value in land with improvements). The plat identifies 0.994 acres of park area, although some of the area may not be included as park area depending upon the impact of storm drainage facilities, the temporary cul-de-sac and other features which could impact the land as usable area. The parks may include amenities that will be determined during the course of the detailed subdivision design review in conjunction with the Parks Department. As noted relative to the road improvements, the basketball court shown on the plans is likely not feasible due to street construction requirements and would not be encouraged as part of the street area. When 11 the street is extended and the cul-de-sac restored, the court could be added at that time, but would not be considered part of the original parkland dedication. It is imperative that these areas be well maintained for the visual aspects of the project and the functionality of the parks, open space, and storm drainage areas. Therefore, staff recommends that a note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Solid Waste: Solid waste collection can be provided throughout the subdivision by the City of Kalispell. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 2.1 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The majority of the property is vacant, although there has been some commercial use on the southern portion of the property related to a building contractor business. Prior history of the property as agricultural or any other use is unknown. According to the Kalispell Growth Policy Resources and Analysis Section, "Important Farmlands" map, the property is not shown as being prime farmland, with or without irrigation. Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use: Natural Environment, state the following: Policy Encourage urban growth only on agriculture lands entirely within the city's annexation policy boundary. The subject property is entirely within the annexation policy boundary. By allowing higher density development within the city's growth policy area, it can reasonably be expected that more farmland could be conserved because the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. 12 The property falls within the annexation boundary established in the growth policy. Areas within the annexation boundary were determined to be likely to be annexed upon petition due to available supporting infrastructure and other factors. G. Compliance with Zoning: The request is in compliance with the R-4 zoning regulations applicable to the development. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations applicable to the development. RECOMMENDATION (1) Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-23-05 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). (2) Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Lupine Meadows be approved subject to the conditions listed below: CONDITIONS OF APPROVAL 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 3. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 4. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, 13 a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 5. Lots 5A — 9B do not appear to have a provision for stormwater detention or treatment as part of the initial design. In order to account for that, the final design shall be adjusted and may result in reduced lot sizes or other adjustments to provide additional detention area. 6. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 7. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 8. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 9. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 10. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. Internal streets shall be built to local street design standards including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. 11. Foys Lake Road is designated as a major collector and Valley View Drive as a local street in the Transportation Plan and the frontages of the property would need to be improved to those standards. The specific improvements will be determined upon review of the engineering plans and existing conditions. Improvements may include, but would not necessarily be limited to, widening travel lanes, pedestrian paths, landscape boulevard, streetlights, and curb/gutter. 14 12. The streets and right-of-way improvements shall be designed to incorporate the following Public Works comments: (a) The road intersection with Lupine Drive shall be made more perpendicular by extending the curve; (b) The sidewalk along Foys Lake shall be moved to the right-of-way line, rather than as shown with a narrow offset from the road; (c) Sidewalk ramps shall be extended across Lupine Drive at the proposed intersection; and (d) Walkways in the right-of-way shall be concrete with other portions to be approved by Parks. 13. The temporary cul-de-sac shall be concrete within the right-of-way and the basketball court shall not be located within the cul-de-sac. 14. Per Section 28.3.14(F)(1), a uniform fence or wall shall be included along the Foys Lake Road frontage to be installed by the developer. 15. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." 16. The recommendations in the Geotech report shall be followed. 17. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 18. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 19. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 20. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and 15 final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 21. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas, including, but not necessarily limited to, roads, parks and open space. Maintenance of any private roads and alleys shall include both short term and long-term maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks, street repairs, overlays, and rebuilds of the street. 22. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 23. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision, common area, and adjoining rights -of -way. The approved landscape plan shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 24. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat. 25. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 26. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 27. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 28. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 29. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 30. The developer should strongly consider including Fish, Wildlife, and Parks guidelines relative to human -wildlife interaction within their covenants. 16 Development Services 4--11TY of Department 1K:A11ASPE1[A, 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: plan ninclCdr kalispell.com Website: www.kalispell.com Project Name Lupine Meadows Property Address 140 Valley View Drive NAME OF APPLICANT 40 Valley View LLC Applicant Phone 1509.440.0096 Applicant Address 4364 Highview St. City, State, Zip Richland, WA 99352 Applicant Email Address tanninenbruce@gmail.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD same as applicant Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECT/ENGINEER) Jackola Engineering & Architecture Phone 406.755.3208 Address 2250 Hwy 93 South City, State, Zip Kalispell, MT 59901 Email Address POINT OF CONTACT FOR REVIEW COMMENTS Bob Erickson Phone 406.755.3208 Address 2250 Hwy 93 South City, State, Zip Kalispell, MT 59901 Email Address rerickson@jackola.com List ALL owners (any individual or other entity with an ownership interest in the property): 40 Valley View LLC (Bruce Tanninen) Legal Description (please attach a full legal description for the property and a copy of the most recent deed). Parcel 1 of Certificate of Survey No. 16631 located in E1/2 SE1/4 Section 13, T28N, R22W, P.M.,M., Flathead County, Montana Less & excepting therefrom that parcel conveyed to the Montana Department of Transportation in Doc. No. 200900014122. Before the application will be deemed to be accepted for review, our office must receive an approval of the legal description from the Flathead County Plat Room. Please submit the legal description to their office (plat@flathead.mt.gov). Development Services Department 2 1st Avenue East 1K,N1L11SP1E1L1L Kalispell, Mi 59941 Phone (406) 758-7940 1. Land In project (acres) 4.569 2. Current estimated market value $80,364 Estimated market value of proposed development at 50% build out $ 600,000 Estimated market value of proposed development at 100% build out $ 1,200,000 11 -O3. Is there a Rural Fire Dept RSID or Bond on this property? DYES NO If yes, remaining balance is County R-1 4. Present zoning of property County R-1 5. Proposed zoning of property City R-4 6. State the changed or changing conditions that make the annexation necessary: i�ro ert is be'nqq propposed fo a townhome develppment consisting of 20 sublots, which will require extension of and connection to City ie �rop rty is �eTng proposed or a townhome development consisting of 20 sublets, which will require extension of and connection to City water ano sewer mains. i no property is currently situateo in r-wineao county. Annexation is necessary to avow for the water ano sewer HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wi answers): a. Promoting the Growth Policy 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 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 incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application Sigs approval for the Kalispell City staff to be present on the property for routine monitoring and inspection durinppxoval and development process. Applicant Date L I-L-A4-L74 C t'ry -1t KALISPELL 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 Plat Room that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5510. 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 $500 (includes initial zoning) plus $40 per acre Development Services Department 201 1st 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 Smith 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) tp Connect and receive all available utilities from The City of Kalispell. Date itionelr/Owner Date NOTE: You joust attach an Exhibit A that provides a bona fide legal description of the property to be annexed. wpm caw STATE OF Mo*N+ANA tt) str MK : ss County of On this ofilnbefore me, the undersigned, a Notary Public for the State of � , personally appeared Ry1Pthr1► r1tX1 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. ( t n r e o State of Washington ALLIE HIBBS LICENSE # 167424 MY COMMISSION EXPIRES STA : ss County of Flathead County Ndtary Public, State of-11d Printed Name t t l Residing at. i_ M,j'�1n My Commission expires: On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: 2 O Lf) O O n O IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 10of33 49 Debbie Pierson, Flathead County MT by 7W 8/31/2022 11:00 AM WHEN RECORDED RETURN TO: 40ValleyView, LLC PO Box 899 Richland WA 99352 5130FPT WARRANTY DEED FOR VALUE RECEIVED, Ross Heritage, LLC, GRANTOR(S), do hereby grant, bargain, sell and convey unto: 40ValleyView, LLC GRANTEE(S), its heirs and assigns, the following described premises: FOR LEGAL DESCRIPTION SEE EXHIBIT A TO IIAVE AND TO HOLD the said premises, with its appurtenances and easements apparent or of record, unto the said GRANTEE(S), its heirs and assigns forever. SUBJECT TO Covenants, Conditions, Restrictions, Provisions, Easements and encumbrances apparent or of record. GRANTOR(S) covenants with GRANTEE(S) that GRANTOR(S) is now seized in fee simple absolute of said premises; that GRANTOR(S) has frill power to convey same; that the same is free from all encumbrances excepting those set forth above; that GRANTEE(S) shall enjoy the same without any lawful disturbance; that GRANTOR(S) will, on demand, execute and deliver to GRANTEE(S), at the expense of GRANTOR(S), any further assurance of the same that may be reasonably required; and, with the exceptions set forth above, that GRANTOR(S) warrants to GRANTEE(S) and will defend for their all the said premises against every person lawfully claiming all or any interest in same. I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 2 of 3249 Fees: $24.00 8/31/2022 11:00 AM Ross Heritage, LLC :gAn�- C "�3 By Robert A. Helder, President STATE OF: Montana COUNTY OF: Flathead This instrument was acknowledged before me on this llday of , 2022, by Robert A. Helder, President. IN I�NESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. e ~SAMANTFIA VONDRICH M T_ ublic for the State of y�° ��; N(>rAl.�y tattl3t.IC for the Notary Resides: ,. �� Statca of Montana My commission expires: Rosiding at Kalispell, MT sr9�N Commission Expires October 23, 2023 I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII 11111111111111111111 INIII III IN 1111 Page: 3 of 3249 Fees: $24.00 8/31/2022 11:00 AM EXHIBIT A - LEGAL DESCRIPTION Parcel 1 of Certificate of Survey No. 16631, a tract of land, situated, lying and being in the East Half of the Southeast Quarter (E'/2SEI/) of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. LESS AND EXCEPTING THEREFROM that parcel conveyed in Bargain and Sale Deed to the Montana Department of Transportation, recorded May 19, 2009 as Document No. 200900014122, records of Flathead County, Montana. HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF: a. Promoting the Growth Policy The subject property is designated as suburban residential on the Growth Policy Map. The City has recently amended the Kalispell Zoning Ordinance (No. 1677) with Ordinance No. 1883 which includes suburban residential as supporting R-4 Residential Zoning Districts. The R-4 zoning designation is very similar to the R-3 residential zone development standards, with the exception that R-4 zoning allows for duplex and townhome configurations as a permitted use. Annexed properties to the north and southeast are zoned R-3/PUD and R-3 Residential respectively with a subdivided property to the southwest zoned R-2/PUD Residential. The R2/PUD permitted townhome lots within the subdivided property known as Lone Pine Trails. The proposed development would contain townhome lots, a permitted use in the R-4 residential zone and would be a similar use as the Lone Pine Trail subdivision. This area of Kalispell is suited to support the proposed residential use due to the area's recent growth patterns with improvements to the adjacent Highway 93 Bypass and ease of connectivity to Downtown Kalispell. The Growth Policy estimates 38% growth over the next two decades with growing demand for a mix of housing types due to detached single-family housing becoming difficult to obtain for low and moderate income wage earners. Additionally, the growth policy identified the rental vacancy rate is below 2% leaving few rental options and increased rental prices. Population migration experienced over the past year has put further pressure on the expected growth estimate. Development of this project will add townhome units to the market and the City of Kalispell. With the Lone Pine Trail subdivision located to the west, annexation of the subject property would be a logical addition to the City to provide continuity. b. Lessening congestion in the streets and providing safe access The development is located at the southwest corner of the intersection of Foys Lake Road and Valley View Drive in close proximity to the Highway 93 bypass. The site is bisected by an existing street constructed to City standards and new interior roadways will be designed and constructed in accordance with City standards to provide safe traffic circulation. While the development will likely result in an increase in traffic, it is not anticipated that the development will negatively impact the overall transportation system; traffic impacts should be accommodated by the existing roadways and the developments new internal roadways. MDT has recently completed a reconstruction of the Foys Lake Road/Hwy 93 Bypass interchange to lessen congestion and improve future traffic movements in the area. 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 would also be served by municipal services, including police, fire protection, water, and city water. 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 general welfare Annexing the subject property is in the public interest because it will ensure it is developed in accordance with City zoning and development guidelines. Connection to public water and sewer will reduce the risk of well contamination and degradation of ground water from septic discharge. The proposed zoning designation will promote the health and general welfare of the public by providing new and modern townhome living units which is needed within the City based on high costs of detached single family units and low rental vacancy rates. The proposed development will provide residents with parkland located in common areas to further help promote the public's health, comfort, and general welfare. e. Preventing the overcrowding of land Based on the growth policy future land use designation for the site, development in this area has been anticipated for suburban residential uses. The policy finds that low -density residential (suburban) neighborhoods should be developed at a density that does not exceed 4 dwelling units per acre on an overall site basis. The proposed development consists of townhome residential buildings which have a smaller footprint per living unit than single- family residences. The proposed R-4 zoning designation restricts lot coverage to 45%. Together, these factors ensure that the proposed density of residential units can be provided without overcrowding the available land. The developer intends to build out the building units and the common areas within the development will be available for use by each resident. 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 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 municipal water and sewer facilities. The Lone Pine Trail subdivision extended utilities to the west and northern boundary of the subject property including a sewer lift station. Water and sewer mains will be extended within the existing road easement and the proposed subdivision streets. The developer will be responsible for extending the necessary City utility services to the property at the developer's expense in accordance with City standards. Stormwater will be addressed through water quality and flow control measures on site. Transportation infrastructure adequately exists adjacent to the development. As a major subdivision project, the City Ordinances require parkland. The parkland will provide outdoor opportunities for the residents. Sidewalks and pathways within common areas and 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 growth. i. Giving consideration to the peculiar suitability of the property for particular uses The proposed R-4 zoning district is consistent with the growth policy future land use designation of suburban residential. The proximity to the Lone Pine Trail subdivision to the west will provide continuity of the City limits with a compatible land use. j. Protecting and conserving the value of buildings The value of buildings in the neighboring areas will be conserved. The proposed R-4 zone provides for housing that is compatible with other uses adjacent to the site. The development achieves the density goals for suburban residential neighborhoods. With the extension and improvement of city services, neighboring property values are likely to increase as City services will become available to neighboring properties. k. Encouraging the most appropriate use of land by assuring orderly growth 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. Annexed properties to the north and southeast are zoned R-3/PUD and R-3 Residential respectively with a subdivided property to the southwest zoned R-2/PUD Residential. The R2/PUD permitted townhome lots within the subdivided property known as Lone Pine Trails. A tract of land located in the East 1/2 of the Southeast 1/4 of Section 13, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana, and being more particularly described as follows: Beginning at the northeast corner of Parcel 2 of Certificate of Survey No. 16631, records of Flathead County, Montana; Thence S89°48'45"W, a distance of 189.78 feet; Thence S00°02'48"E, a distance of 109.63 feet; Thence S11°13'40"E, a distance of 37.00 feet; Thence S89°39'09"W, a distance of 296.57 feet; Thence N00°05'42"W, a distance of 548.93 feet to the southerly right-of-way of Foys Lake Road; Thence easterly along said right-of-way on a 1260.00 foot radius curve to the left with center bearing N07°23'29"E, through an angle of 14°42'30", an arc distance of 323.45 feet to the westerly right-of-way of Valley View Drive; Thence along said right-of-way S21°27'39"e, a distance of 430.19 feet to the Point of Beginning. At jll� CITY OF Kalispell Zoning KALISPELL Lupine Meadows ® Subject Parcel I i R 2 Residential R 2 Residential w/ PUD R 3 Residential R 3 Residential w/PUD R-4 R 4 Residential Residential R-3 R-3/PUD Residential Residential With Pud 1 Foys Lake Rc R-2/PUD Residential With Pud Data Sources: Montana Cadastral, Flathead County GIs City of Kalispell GIs, Austin Bachurski - July 12, 2023 503 93 R-3 Residential [IMPOi919I9] 3 -2 600 900 Feet Basemap: Esri Community Maps, ArcGIS.com IIIIIIII: ��JIIII ,, ■ I CITY OF Kalispell Mailing List ®Subject Parcel 0 Mailing List Parcels KALISPELL Lupine Meadows 0 Other Parcels L Data Sources: Montana Cadastral, Flathead County GIs City of Kalispell GIs, Austin Bachurski - July 12, 2023 3 oys Lake Rd— 503 N 0 187.5375 750 1125 Feet Basemap: Esri Community Maps, ArcGIS.com