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