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2. Presentation - Annexation & Zoning - New Vistas Assisted Living LLCPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT: New Vistas Assisted Living LLC - Annexation and Initial Zoning of RA-1, Low Density Residential Apartment MEETING DATE: January 5, 2009 BACKGROUND: The Kalispell City Planning Board met on December 9, 2008 and held a public hearing to consider a request for annexation and an initial zoning designation of RA-1 on approximately 10.2 acres of land. The property is located on the south side of Three Mile Drive approximately 100 feet west of the intersection of Three Mile Drive and North Riding Road. The property address is 252 Three Mile Drive. The property can be legally described as assessor's tracts 4 and 4BB located within Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Planning department staff presented staff report #KA-08-07 providing details of the proposal and the evaluation. The planning staff noted that the proposed RA-1 zoning district was compatible with the Kalispell Growth Policy Future Land Use map and staff recommended the board consider approving the initial zoning based on this and other facts determined in the findings of fact report. Narda Wilson, representing New Vistas Assisted Living LLC spoke in favor of the proposed initial zoning. No one else wished to speak and the public hearing was closed. The board briefly discussed future issues a project on this property would need to address. These included access onto Three Mile Drive and its proximity to the future Highway 93 bypass off -ramp, noise associated with the future bypass and future road connections in this area. After board discussion a motion was made and seconded to recommend the city council approve the initial zoning of RA-1 upon annexation. The motion passed unanimously. RECOMMENDATION: A motion to approve the first reading of the ordinance for initial zoning of RA-1, Low Density Residential Apartment, upon annexation of the property would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled December 19, 2008 Attachments: Letter of transmittal Myrt ebb Interim City Manager Staff Report #KA-08-07 and supporting documents Draft minutes from the 12/9/08 planning board meeting Petition to Withdrawal from Rural Fire District Cost of Services Analysis and Memo c w/ Att: Theresa White, Kalispell City Clerk Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning December 19, 2008 Myrt Webb, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: New Vistas Assisted Living LLC - Annexation and Initial Zoning of RA-1, Low Density Residential Apartment Dear Myrt: The Kalispell City Planning Board met on December 9, 2008 and held a public hearing to consider a request for annexation and an initial zoning designation of RA-1 on approximately 10.2 acres of land. The property is located on the south side of Three Mile Drive approximately 100 feet west of the intersection of Three Mile Drive and North Riding Road. The property address is 252 Three Mile Drive. The property can be legally described as assessor's tracts 4 and 4BB located within Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Planning department staff presented staff report #KA-08-07 providing details of the proposal and the evaluation. The planning staff noted that the proposed RA-1 zoning district was compatible with the Kalispell Growth Policy Future Land Use map and staff recommended the board consider approving the initial zoning based on this and other facts determined in the findings of fact report. Narda Wilson, representing New Vistas Assisted Living LLC spoke in favor of the proposed initial zoning. No one else wished to speak and the public hearing was closed. The board briefly discussed future issues a project on this property would need to address. These included access onto Three Mile Drive and its proximity to the future Highway 93 bypass off ramp, noise associated with the future bypass and future road connections in this area. After board discussion a motion was made and seconded to recommend the city council approve the initial zoning of RA-1 upon annexation. The motion passed unanimously. Please schedule this matter for the January 5, 2009 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Staff report #KA-08-07 and application materials Cost of Services Analysis Draft minutes of the 12 / 9 / 08 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: New Vistas Assisted Living LLC 135 W. Idaho Street, Suite B Kalispell, MT 59901 Narda Wilson 184 Midway Drive Columbia Falls, MT 59912 ESTIMATED COST OF SERVICES ANALYSIS (Residential land over 112 acre capped) Proj& New Vistas Assisted Living LLC Date: 2008 Calculated By: Kalispell Planning Department Number of dwelling units proposed to be annexed: Estimated increase in population: 2,20 Expected number of people per acre: 43560 Lot size: Taxable market value: $500,000 1 2.2 0.60 <_ approximate # of people per acre 21,780 0.66 $330,000 1::.:COST OF>SERVICES Per capita costs based on increase in po ulation: 2 SERVICE POPULATION COST (2007) TOTAL Fire 2.2 81.37 $179 Police 2.2 103.92 $229 Administration 0.50 135.07 - $68 Solid Waste none for 5 years) 2.2 0 $0 Costs per dwelling unit or Equivalent Residential Unit (ERU): 1 SERVICE NO. OF UNITS COST (2007) TOTAL Roads 1 426.00 $426 Water 1 197.63 $198 Sewer 1 108.21 $108 Wastewater Treatment 1 167.34 $167 Stormwater 1 65.51 $66 Parks 1 78.00 $78 TOTAL ANTICIPATED COST OF SERVICE 1 $1,518 2. ANTICIPATED .REVENUE :GENERATED Assessments based on averagesquare foot per lot: 21,780 ASSESSMENT NO. OF DWELLING UNITS AVE SO FT 2007 ASSESSMENT TOTAL Storm sewer assessment (cap 21,780 sq ft): 1 21,780 0.004995 $109 Street maintenance assessment (cap 21780 sq it): 1 21,780 0.01111 $242 Urban forestry assessment (cap 5150): 1 21,78U 0.00136 $29 Light maintenance assessment (cap $150): 1 21,780 0.003 $65 Special assessment: 1 21,780 $0 AVERAGE BILL 2007 Average water and sewer bill 1 447.40 $447 TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS = $893 3.= TAX REVENUE Taxable market value per property: $330,000 NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 1 $330,000 $330,000 TOTAL ASSESSMENT 2007 REAL ESTATE TAX TOTAL Total taxable value: 1 $330,000 0.0307 510,131 TOTAL TAXABLE 2007 MILL LEVY TOTAL Total additional revenue based on 162.85 mill le $10,131 0.16285 $1,649.83 TOTAL TAX REVENUE _ $1,6 00 Schedule )TYPE OF BUILDING AND SEWER USE I FIXTURES I ERU I UNITS I TOTAL I Total ewer Impact Fee($)2433.00 S/eru 52,433.00 dial Water Impacee 314 Meter Size dial orm impacee $1,092.00 6-1 Iota[ Police impact I-ee $43.OD Otal Fire Impact Fee $533.00 Total Project Impact Fee ($) 2007: $4,101 Note: All items marked " lbd" will be determined on an individual basis by the City. 6. ONE TIME IMPACT FEE.: PAYMENT' TO THE: CITY (ITEM 4) $4,101 7.: NET REVENUE TO. THE CITY: PER YEAR (ITEM 2 + 3 -1) $1,024.88 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 9, 2008 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board CALL and Zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, Rick Hull, C.M. (Butch) Clark, John Hinchey, Jim Williamson, Richard Griffin and Troy Mendius. Tom Jentz and Sean Conrad represented the Kalispell Planning Department. There were 3 people in the audience. APPROVAL OF NIINUTES Williamson moved and Hinchey seconded a motion to approve the minutes of the October 14, 2008 Kalispell City Planning Board meeting. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. NEW VISTAS ASSISTED A request from New Vistas Assisted Living, LLC for LIVING, LLC ANNEXATION annexation and initial zoning of RA-1 (Low Density Residential Apartment) on a 10.2 acre site. The property is located on the south side of Three Mile Drive approximately 100 feet west of the intersection of Three Mile Drive and North Riding Road. STAFF REPORT KA-08-07 Sean Conrad representing the Kalispell Planning Department reviewed staff report KA-08-07 for the board. Conrad said before the planning board is an initial zoning request of RA-1 which is a Low Density Residential Apartment zoning district for an approximately 10.2 acre property seeking annexation into the city. Conrad reviewed the location of the property for the board. The RA-1 zoning is consistent with the surrounding zoning and consistent with the urban residential land use designation on the growth policy map. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-08-07 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be RA-1, (Low Density Residential Apartment). BOARD QUESTIONS Hinchey said it looks like an odd -shaped piece of property and asked if that is because of the bypass and Conrad said partly because of the bypass and they swapped some land with MDT. Conrad further explained. Hull asked if the RA-1 zone allows assisted living and at what density? Conrad responded assisted living units would be allowed with a conditional use permit and therefore when the Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 1 of 7 actual proposal comes in it would have to be reviewed by this board. Conrad continued if the property was annexed into the city the current house could be made into a duplex and that is the extent of the permitted uses under the RA-1 zone. However when you get into the higher density such as multi- family or apartments a conditional use permit is required. Clark said it appears that any northbound traffic on the bypass would be cutting in front of that property with an off - ramp. Conrad said before the city gets the application for a conditional use permit the developer will have to talk to MDT regarding the separation that they will need. It may be that they would have to work with the neighboring property owner to get a shared access. It would be ideal if they could line up their access road with North Riding Road. Hinchey said he is concerned with noise because of the location of the bypass especially since the RA-1 property has the potential for multi -story units. APPLICANT/ CONSULTANTS Narda Wilson, 184 Midway Drive, Columbia Falls stated she is representing New Vistas Assisted Living, LLC. They have been working with planning staff and the property owner on this site for close to 2 years now and they have looked at various options. The plans for this property, at least at this point, would be some type of assisted living facility that would include a mix of duplex units on the north side and the assisted living facility along the south portion of the site. Over the last couple of years they have been working with MDT to negotiate a land trade that swapped the southwest corner of this property with a portion of the northwest corner and therefore the bypass acquisition has been straightened out. With regard to access the actual frontage along Three Mile Drive is just about 60 feet. This is far enough from the exit of the bypass to get a 60 foot R/ W along the east boundary of this property that would meander to the west. It would be ideal to negotiate a shared access with the property owner to the east to align this roadway with North Riding Road. However, at this point that property owner isn't willing to enter into discussions about a shared access. They have completed a noise mitigation study with Big Sky Acoustics out of Helena and they have come up with some alternatives for sound barriers that include berming, walling, and landscaping, none of which are very appealing and all of which are quite expensive. This property will come before the board again and at that time there will be more information available. They would also like to have a plan that would provide this development access to the bypass bike/pedestrian path. Wilson concluded by saying at this point the owners are simply_ lookin at getting the property annexed with the Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 2 of 7 initial zoning so they can move forward with a viable project in the future. They would appreciate the planning board's adoption of the staff report and forwarding a recommendation to the Kalispell City Council for the RA-1 zoning. Clark asked about the discussions with the owners of tract 4C for a shared access and Wilson said that door has not been opened by them although New Vistas has attempted to contact them more than once. Wilson added perhaps when the economy improves they may be more approachable. Clark added without that it presents a problem and Wilson disagreed because there is enough frontage on Three Mile Drive to put in a 60 foot R/W. She continued that when 4C comes in they will be prepared to share that approach because 2 separate approaches wouldn't be allowed by MDT or the city. Schutt asked who owns tract 4E and Wilson said MDT owns that property because it was part of the land swap. Jentz noted the bypass will be recessed as it goes north and Three Mile Drive will go over the top of the bypass. Griffin noticed that this annexation would create an island surrounded on all sides by the county. Conrad said yes except on the north end but if you look at the larger view of the Three Mile Drive area it is rapidly being surrounded by the city. Jentz said taking it one step further if you actually zoomed out on the map you would see this property already sits within an island and is totally surrounded by the city. PUBLIC HEARING I No one wished to speak and the public hearing was closed. MOTION Hinchey moved and Williamson seconded a motion to adopt staff report KA-08-07 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be RA-1, Low Density Residential Apartment. BOARD DISCUSSION Hull said when this area is developed, especially 4C & 4A the city should insist on the extension of Liberty Street either to the north or to the west and he hoped whoever designs this property will at least have a stub for that connection in the future. Griffin questioned that extension and Hull added this has been one of his big issues where there is virtually no connection between Two Mile, and Three Mile Drive for almost 2 miles. The city has allowed the properties to come in piece -meal and hasn't insisted on the grid system connections. Hull said they need to make sure that developers know that is something that will be asked for in the future. Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 3 of 7 ROLL CALL I The motion passed unanimously on a roll call vote. ENTRANCE CORRIDOR A request by the City of Kalispell to amend Section STANDARDS TEXT 27.22.010 of the Kalispell Zoning Ordinance. The AMENDMENT - KALISPELL amendment would create entrance corridor standards ZONING ORDINANCE which are intended to protect and enhance the highway entrance corridors to the Kalispell community. STAFF REPORT KZTA-08-02 I Sean Conrad representing the Kalispell Planning Department reviewed staff report KZTA-08-02 for the board. Conrad briefly reviewed the draft entrance corridor standards with emphasis on the proposed buffer widths for the major corridors leading into Kalispell. The proposed buffer distances were reviewed by the Architectural Review Committee who took a hard look at the purpose of the buffers; acknowledging the existing land uses; and the intent of what the growth policy had designated for the type of growth appropriate in the city for these areas. Conrad provided the following examples: Mini storage is not prohibited in the entrance corridor standards but if they want to have mini storage along one of the corridors they must provide landscaping and berming to dress up the side of the building facing the entrance corridor. ® Highway 93 South and Kelly Road is a good example of what the staff is trying to achieve where there is a nice landscaped area which provides a more visual presence of the building instead of the parking lot and the cars separating the building from the entrance corridor. Limit rock from the landscaping scheme, except accent rocks, and getting away from rock in the boulevards. As properties are annexed into the city (Gardner's for example) the entrance corridor standards really wouldn't affect them immediately. It is only when these properties request an expansion of their current use or building and then they would be required to install landscaping, a bike trail, etc., which would "clean up" the entrance. ® Billboards are mentioned in the entrance corridor standards. As properties come in to the city with billboards there would be a 5 year maximum, at which time the owners would have to remove the billboards along their property. Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 4 of 7 Conrad provided examples of development in the city which are close to what the entrance corridor standards support. He noted there was discussion at a work session regarding the effect of the entrance corridor standards on existing buildings. Conrad provided an example where the building is 20 feet from the property line and the entrance corridor standards would place a 40 foot buffer area over this property. Then if the property owner wants to expand he could expand the building at the 20 foot setback and would not have to jog the building back to meet the 40 foot buffer. For smaller sized lots that might be impacted by the standards, if the buffer area width exceeds 25% of the lot length, the buffer depth would be reduced by 50% so as not to impede the property owner from the full use of his property. Conrad added they want to work with the property owner to enhance the corridor but not prohibit business or further development from occurring. Where Conrad could see this occurring is on Highway 2 East where the train tracks run behind the lots and the result is some very narrow lots. The minimum entrance corridor buffer width proposed for that area is 40 feet and the setback for buildings would be 20 feet if the property was zoned B-2 upon annexation. The entrance corridor standard buffer in this case would then be 20 feet. For new construction the building would have to meet the setbacks or the owner could apply for a variance if the lot was too small to meet the setback. Hinchey asked how the lot length was defined and Conrad explained. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZTA-08-02 as findings of fact and recommend to the Kalispell City Council that the proposed entrance corridor standards be adopted as shown on Exhibit A attached to the staff report and included in the Kalispell Zoning Ordinance. BOARD DISCUSSION None. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Williamson moved and Griffin seconded a motion to adopt staff report KZTA-08-02 as findings of fact and recommend to the Kalispell City Council that that the proposed entrance corridor standards be adopted as shown on Exhibit A attached to the staff' report and included in the Kalispell Zoning Ordinance. BOARD DISCUSSION Clark voiced his concern regarding the lack of attendance by the public because he feels the standards constitute a taking of property and he doesn't think the public realizes Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 5 of 7 the impact that would have on their property. Jentz stated the proposed entrance corridor standards have been posted on our website for quite some time, the planning board has had 2 work sessions, the Architectural Review Committee spent a significant amount of time reviewing the standards, the public hearing was advertised in the newspaper, posted on the website and on the city's notice boards, and Citizens for a Better Flathead has been monitoring the process. In addition, the city council will be holding a work session on the standards prior to holding their public meeting. However, Jentz added the board could consider continuing the public hearing for 30 days and directing staff to increase the public notification. There is no rush to push these standards through. Clark said he is not against the standards but his concern is the lack of public participation. Jentz said the highway corridor has been addressed in the review process for all of the significant projects that have been approved in the last few years, including Silverbrook, Glacier Town Center, Valley Ranch, Siderius Commons and the Gardner proposal. Each one of these projects will include a significant setback along the highway. He added any future projects that will be coming in have been or will be informed of the city's requirements in relation to the entrance corridor buffer. Clark added he is more concerned about the affect on the small property owners. Williamson asked if there has been any effort to contact individual property owners and Jentz said they didn't consider a mass mailing but the question would be how far out do you go. MOTION TO CONTINUE Clark moved to continue the comment period for the entrance corridor standards for 30 days however, the motion failed due to a lack of a second. ROLL CALL I The original motion passed on a roll call vote of 5 in favor and 2 opposed. OLD BUSINESS: I None. NEW BUSINESS: I Jentz noted there will not be a work session scheduled for the 4tn Tuesday of this month. Conrad reported applications have been received for a conditional use permit to operate a Yoga - Jiu Jitsu School on 1st Avenue East in downtown and the annexation Ss initial zoning for Siderius Commons. These items will be scheduled for the January 13, 2009 planning board meeting. Jentz stated the other item that may come before the board Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 6 of 7 is the Kalispell West Growth Policy Amendment, however that may not be scheduled until February. ADJOURNMENT The meeting adjourned at approximately 8:00 p.m. WORK SESSION Immediately following the regular meeting a work session was held on the following items: 1. Kalispell West Growth Policy Amendment 2. Zoning Regulations Update NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January 13, 2009, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. Bryan H. Schutt President Michelle Anderson Recording Secretary APPROVED as submitted/corrected: / /09 Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 7 of 7 NEW VISTAS ASSISTED LIVING LLC REQUEST FOR INITIAL ZONING OF RA-1, UPON ANNEXATION STAFF REPORT #KA-08-7 KALISPELL PLANNING DEPARTMENT DECEMBER 2, 2008 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of RA-1 (Low Density Residential Apartment) upon annexation to the City of Kalispell. A public hearing has been scheduled before the Kalispell City Planning Board for December 9, 2008 beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed. The planning board will f6rward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION This report evaluates the appropriate assignment of a city zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The property owner has petitioned for annexation and initial zoning classification of RA-1, a Low Density Residential Apartment zoning district. The property is in the county zoning jurisdiction and is zoned County R-1, a Suburban Residential zoning district. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. A. Petitioner / Owner: New Vistas Assisted Living LLC 135 W. Idaho Street, Suite B Kalispell, MT 59901 (406) 755-6789 Technical Assistance: Narda Wilson 184 Midway Drive Columbia Falls, MT 59912 (406) 892-4898 B. Location and Legal Description of Property: The property proposed for annexation and initial zoning is located on the south side of Three Mile Drive approximately 100 feet west of the intersection of Three Mile Drive and North Riding Road. The property address is 252 Three Mile Drive. The property can be legally described as assessor's tracts 4 and 4BB located within Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The property is currently developed with one single-family residence. The property is currently zoned R-1, Suburban Residential, in the county. The suburban residential district is intended to serve as an area where limited density would be encouraged such as in the 100-year floodplain or on steep slopes or in areas where estate type development is anticipated. D. Proposed Zoning: City RA-1, Low Density Residential Apartment, zoning has been proposed for the property. The RA-1 zoning district allows duplexes and single-family dwellings as permitted uses and multi -family dwellings as conditionally permitted uses. The minimum lot size for the district is 6,000 square feet plus 3,000 square feet for each additional unit beyond a duplex. There is a minimum lot width of 60 feet with setbacks of 20 feet in the front, ten feet on the sides and 20 feet in the rear and side corner. E. Size: The area proposed for annexation and zoning contains approximately 10.2 acres. F. Adjacent Land Uses and Zoning: Adjacent land uses are primarily single-family residential. Immediately adjacent zoning includes County R-1 zoning to the east, west and south. To the north the zoning districts include City R-3 and County SAG-10. G. General Land Use Character: The area can be described as being located in an urbanizing area of the city as numerous properties in the area have annexed into the city and subsequently subdivided the land into city size lots. This increased density and development pattern has completely changed the nature of Three Mile Drive and has taken the area around the property requesting annexation from a predominately agricultural and rural residential land use to urban residential land use. The future Highway 93 Bypass is also proposed to be constructed immediately west of the property requesting annexation. The bypass will carry local and non - local residents and is intended to provide traffic relief to downtown Kalispell. With the construction of the bypass the area will be further changed from a former low density, low traffic area to an urbanizing western edge of the city. Figure l: Aerial photo of the project site and surrounding area 2 H. Utilities and Public Services: Public services, including city water and sewer can be provided to this site from the main lines located within the Three Mile Drive right-of-way. Upon annexation the following utility and city services would be available to the developer: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: CenturyTel Fire: Kalispell Fire Department Police: Kalispell Police Department I. 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 27.30.020, Kalispell Zoning Ordinance. Does the requested zone comply with the growthpolicy? The property is designated by the Kalispell Growth Policy future land use map as "Urban Residential" which anticipates residential development with a density of between 3 to 12 dwelling units per acre. Typical development within the urban residential land use designation includes single-family, duplex and low density multi -family housing. The requested RA-1 zoning permits single-family and duplex housing with a minimum lot size of 6,000 square feet. Multi -family housing, a building which has three living units or more, is a conditional use with a density of one unit per 3,000 square feet. The housing densities permitted or conditionally permitted under the RA- i zoning district fall within the 3 to 12 dwelling units per acre anticipated by the urban residential land use designation. Furthermore, the proposed RA-1 zoning complies with the mix of housing permitted under the urban residential designation. 2. Is the requested zone designed to lessen congestion in the streets? Once the property is annexed, future development will be constructed to city standards. The requested zoning designation and subsequent development of the site will not lessen congestion in the streets in the area, however this level and type of development is anticipated to occur. The Kalispell Area Transportation Plan (2006 Update) indicates the adjacent roadway, Three Mile Drive, is currently operating within its capacity limits. Necessary road upgrades and future road connections to adjoining properties may be required when further development is proposed on the property to help mitigate project specific impacts to reduce traffic congestion. The future Highway 93 Bypass is also proposed immediately west of the project site. Current designs of the bypass have on and off ramps to Three Mile Drive which will help traffic circulation in the area. 3 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police and fire protection, water and sewer service is available to the area or will be extended as part of future development of this property. 4. Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and providing a place for new housing in the community. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? As previously noted this area has been anticipated for urban residential development. Water and sewer lines are located within the Three Mile Drive right-of-way making city densities and the proposed RA-1 zoning designation appropriate. In addition, density requirements for the RA-1 zoning district will prevent the overcrowding of land. 7. Will the requested zone avoid undue concentration of people? An increase in the number and concentration of people in the area will likely result after this land has been converted from vacant 'land to a more intensive residential use. The intensity of the uses of the property should be in direct relationship to the availability of public services, utilities, facilities and adjoining property character and use. Minimum lot development standards of the RA-1 zoning district will prevent the undue concentration of people at the time the property is developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. The future Highway 93 Bypass is proposed immediately west of the site however the proposed zoning would not affect the location or design of the bypass. Any future projects proposed on the project site will be required to reflect the future Highway 93 Bypass requirements and design the project around the bypass project accordingly. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The 10.2 acre project site has a gentle south facing slope which levels off at the southern end of the site. There are no environmental constraints on the property that would inhibit the type of development allowed under the proposed RA-1 zoning district. However future development on the site will have to address the right-of-way requirements and potential noise impacts from the future Highway 93 Bypass. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is a mix of urban residential and rural residential. The proposed zoning allows urban residential development to address needs within the community for housing in reasonable proximity to the city core. Recent annexations in the area indicate that this type of residential development will continue to occur on the urban fringes of the community and be developed with similar types of uses, i.e. urban residential (3 to 12 dwelling units per acre) rather than rural residential (1 dwelling unit per acre) or suburban agriculture (1 dwelling unit per 10 acres). 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA-1 zoning permits like uses, such as single-family homes or duplexes, as are found on other properties in the area. If multi -family housing is proposed the planning board and city council can add conditions to this housing type to insure the buildings reflect the character of the area and conserve the value of buildings in the immediate area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The Kalispell Growth Policy encourages urban scale residential development in areas where services and facilities are available. In this case water and sewer lines are immediately north of the property within the Three Mile Drive right-of- way. The proposed zoning is consistent with the growth policy future land use designation and would provide for potentially higher density housing in an area where it is encouraged by the city. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-08-7 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be RA-1, Low Density Residential Apartment. 5 Planning Department 201 1" Avenue East -� Kalispell, MT -59901 Phone: (406) 758-7940 Fag: (406) 758-7739 PUNNING FOILTHE FUrURE PETITION FOR-NNNENATION AND INITIAL ZONING NEW VISTAS ASSISTED LIVING LLC NAME OF APPLICANT: CITYiSTATEiZIP: 135 W. IDAHO ST., STE B KALISPELL, NIT 59901 PHONE: 406-755-6789 INTEREST IN PROPERTY: OWNERS Other Parties of Interest to be Notified: PARTIES OF INTEREST. NARDA A. WILSON TVIAIL ADDRESS: 184 MIDWAY DRIVE CITYISTATE/ZIP: COLUMBIA FALLS, MT 59912 PONE: 406-892-4898 INTEREST IN PROPERTY: TECHNICAL ASSISTANCE PLEASE COMPLETE THE FOLLONVING: Address of the property: 252 THREE MILE DRIVE, KALISPELL, MT 59901 Legal Description: ASSESSORS TRACTS 4 AND 4BB (Lot and Block of Subdivision; Tract 4) S-12, T-21N, R-22W (Section, Towzisbip, Range) (Attach metes and boti nds as Exhibit A) Land in project (ac): 10.20 ACRES Cirrent estimated market value UNKOWN at 50% build out UNKNOWN at 100° o build out UNKNOWN The present zoning of the above property= is: COUNTY R-1, SUBURBAN RESIDENTIAL The proposed zoning of the above property is: CITY RA-1, LOW DENSITY RES APARTMENT State die changed or changing conditions that make the proposed amendment necessary: DESIRE TO CONNECT TO CITY SERVICES TO FACILITATE THE FUTURE FUTURE DEVELOPMENT OF THE PROPERTY The signing of this application signifies that the foregoing- information is trtie and accurate based upon the best information available and fiuther grants approval for Kalispell Planning staff to be present on the proper for routine nispection dtuing the annexation process. (Appli6ut) (.Date) I i r Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF W=RA'%TAL 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 muuucipal 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 Mimicipal 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 trio 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 tine property is not immediately annexed, the Petitioners) firther agree(s) that this covenant shall ruin 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 tine utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MICA 7-2-4736 prohibits the city f-oin providing solid waste services to this property for a ininimum of 5 years fiom date of annexation. Petitioner/O ner D Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description.of the property to be annexed. 2 STATE OF MONTANA ) ss County of Flathead County On this �I day of V 60 bK- 2006 before me, the undersigned, a Notary Public for the State of Montana, personally appearea � VV10 T W (,-K.Mr known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed t e. u�ettt��}ti N�� P 4i IN WITNESS WHE .�� q Iiav set m d and affixe my otary Seal the day and year in this certificej V-st above wn ','S�A.......... OF M��•��\ STATE OF MONTANE"//!i/ 'plO tz00 ss County of Flathead County Notary`Public, kjate of Montana Printed Name k N 1 S A sT MA S VN Residing at k ktA S P a L- My Commission expires: 2-13-2Gl G 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 lie/she executed the same. IN WITNESS WHEREOF, I have hereunto set any Land. and affixed any Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Printed Name Residing at My Commission expires: On this day of I , before me, the undersigned, a Notary Public for The State of Montana, personally appeared and , the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation 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 EXHIBIT A LEGAL DESCRIPTION NEW VISTAS ASSISTED LIVING, LLC That portion of the Northeast 1/4 of the Northwest'/4, Section 12, Township 28 North, Range 22 West, P.M., M., Flathead County, Montana, described as follows: Beginning at the Southwest corner of Tract 2 as shown on Certificate of Survey No. 8725 records of Flathead County, Montana, said point being on the South line of the Northeast 1/4 of the Northwest 1/4 of Section 12; Thence along said South line, North 89°54'02" West 454.15 feet to the Easterly right of way of Kalispell By -Pass; Thence along said Easterly right of way through the following four courses: North 09°10'48" East 765.25 feet, North 12°36'33" East 292.55 feet, North 01°39'13" East 153.37 feet and North 75°36'01" East 213.35 feet to the Southerly right of way of Three Mile Drive; Thence along said Southerly right of way through the following three (3) courses: North 89'43' 17" East 72.83 feet, South 00°25'44" East 10.00 feet and North 89'34' 18" East 3.71 feet to the Northwest corner of the above said Tract 2 as shown on Certificate of Survey No. 8725; Thence along the West line of said Tract 2, South 00°54'06" West 1238.63 feet to the Point of Beginning containing 10.20 acres of land. Subject to and together with easements of record. CERTIFICATION APPLICANT: New Vistas Assisted Living, LLC FILE NO: KA-08-07 I, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where an annexation & initial zoning has been requested. Date: S-T-R: 12-21-22 Tract/Lot: 4 & 4BB Property Owners: New Vistas Assisted Living, LLC 135 West Idaho Street, Ste B Kalispell, MT 59901 Narda A. Wilson 184 Midway Drive Columbia Falls, MT 59912 AND ATTACHED LIST New Vistas Assisted Living, LLC Narda A. Wilson Mark 8v Michelle Hensley 135 West Idaho Street, Ste B 184 Midway Drive 249 Three Mile Drive Kalispell, MT 59901 Columbia Falls, MT 59912 Kalispell, MT 59901 Richard J. Erickson 102 2nd Street, Ste 5 Whitefish, MT 59937 Robert & Mary Lou Borden 685 Two Mile Drive Kalispell, MT 59901 West Valley Land Use Committee Gary Krueger, Chairman 805 Church Drive Kalispell, MT 59901 Gordon Cross, President Flathead County Planning Brd. P.O. Box 296 Whitefish, MT 59937 Scott A. Moore 261 Three Mile Drive Kalispell, MT 59901 Steve & Cindy Radosevich 1583 McMannamy Draw Kalispell, MT 59901 Evergreen Disposal 55 West Valley Drive Kalispell, MT 59901 B.J. Grieve Flathead County Planning & Zoning 1035 lst Avenue West Kalispell, MT 59901 Clayton & Martha Odegaard P.O. Box 716 Polson, MT 59860 State of Montana Department of Transportation P.O. Box 201001 Helena, MT 59620 Delores Stroh, Comp. Spec. DOR, Liquor Licensing P.O. Box 1712 Helena, MT 59604-1712 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION December 9, 2008 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, December 9, 2008 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make recommendations to the Kalispell City Council who will take final action. A request from New Vistas Assisted Living, LLC for annexation and initial zoning of RA-1 (Low Density Residential Apartment) on a 10.2 acre site. The property is located on the south side of Three Mile Drive approximately 100 feet west of the intersection of Three Mile Drive and North Riding Road. There is an existing house on the property addressed as 252 Three Mile Drive. The 10.2 acre project site can be described as assessor's tracts 4 and 4BB located in Section 12, Township 21 North, Range 22 West P.M.M., Flathead County, Montana. 2. A request by the City of Kalispell to amend Section 27.22.010 of the Kalispell Zoning Ordinance. The amendment would create entrance corridor standards which are intended to protect and enhance the highway entrance corridors to the Kalispell community. The proposed entrance corridors are as follows: • Highway 93 North corridor north of Four Mile Drive. • Highway 93 South corridor south of Kelly Road. • US Highway 2 (LaSalle) north of Reserve Drive. • US Highway 2 west of Corporate Drive. • Whitefish Stage Road north of Reserve Drive. As part of the entrance corridor standards a buffer area, defined as an area of land, including landscaping, pedestrian/bike trails, and earth berms (if applicable) that is located adjacent to a road right-of-way on a particular property, would be required on adjacent properties. The buffer area width would vary between 20 feet to 100 feet depending on the location of the particular property along the entrance corridor. Documents pertaining to the agenda item are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 758-7940, or e-mail us at planningOkalispell.com for additional information. Thomas R. Jentz I Planning & Building Director No. 13766 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION December 9, 2008 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, De- cember 9, 2008 begin - ping at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Ave- nue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make recommendations to the Kalispell City Council who will take fi- nal action. 1. A request from New Vistas Assisted Living, LLC for annexation and initial zoning of RA-1 (Low Density Residen- tial Apartment) on a 10.2-acre site. The property is located on the south side of Three Mile Drive approximate- ly 100 feet west of the intersection of Three Mile Drive and North Riding Road. There is an existing house on the property addressed as 252 Three Mile Drive. The 10.2-acre project site can be described as assessor's tracts 4 and 4BB located in Section 12, Township 21 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 2. A request by the City of Kalispell to amend Section 27.22.010 of the Kalis- pell Zoning Ordinance. The amendment would create entrance corridor standards, which are in- tended to protect and enhance the highway entrance corridors to the Kalispell community. The proposed entrance corridors are as follows: • Highway 93 North corridor north of Four Mile Drive. • Highway 93 South corridor south of Kelly Road. • US Highway 2 (LaSalle) north of Re- serve Drive. • US Highway 2 west of Corporate Drive. • Whitefish Stage Road north of Reserve Drive. As part of the en- trance corridor stand- ards a buffer area, de- fined as an area of land, including landscaping, pedestrian/bike trails, and earth berms (if ap- plicable) that is located adjacent to a road right- of-way on a particular property, would be re- quired on adjacent prop- erties. The buffer area width would vary be- tween 20 feet to 100 feet depending on the location of the particular property along the en- trance corridor. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A ._ Documents pertaining DAILY NEWSPAPER OF GENERAL CIRCULATION, to the agenda item are on file for public inspec PRINTED AND PUBLISHED IN THE CITY OF tion at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and con- cerns known to the Board. Written com- ments may be submit- ted to the Kalispell Plan- ning Department at the above address, prior to the date of the hearing, or you may call us at (406) 758-7940, or e- mail us at planning@ka- lispell.com for additional information. /s/ Thomas R. Jentz Thomas R. Jentz Planning & Building Director ._Nov. 23,2008 KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 13766 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES Of Nov 23, 2008. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. O Subscribed and sworn to '• 1`'deia ial , Before me this November 24 20f Seal Q& i? Of Mf3C���C` Dorothy 4GIs Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/09