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3. Willow Creek Annexation, Zoning and Growth Policy AmendmentWAYNE TURNER REQUEST FOR, GROWTH POLICY AMENDMENT STAFF REPORT #KGPA-07-1 REQUEST FOR INITIAL ZONING OF R- 3 UPON AN TIO N STAFF REPORT #KA- 07-3 KALISPELL PLANNING DEPARTMENT JUNE 19, 2007 A report to the Kalispell City council regarding the request for a growth policy amendment from. Industrial to Suburban Residential. The request also includes the initial zoning designation of R--3 on the project site upon annexation to the city of Kalispell. The project site is located on the north side of Foys Lake Road at the intersection of Foys Lake Road and Valley View Drive. A public hearing was held before the planmng board on April to and May S, 2007. The planning board's recommendation is provided at the end of this report. BACKGROUND INFORMATION: The developers have petitioned for a growth policy amendment on a 30 acre portion of the 140 acre project site from Industrial to Suburban Residential. The developers are also requesting annexation and initial zoning designation of R--3, Urban Single Family Residential, on the entire 140 acre project site. The property is in the county zoning jurisdiction and is zoned R-1, Suburban Residential, and I-2, Heavy Industrial. The developers have also petitioned for a Planned Unit Development (PUD) zoning overlay district and preliminary plat on the 140 acre site to create a variety of residential housing. During the May Sthplanning board hearing the planning board recommended denying the proposed PUD request and tabled action on the preliminary plat. The planning g board had earlier provided a recommendation on both the requested growth policy amendment and initial zoning district. The developer has requested to move forward with the growth policy amendment and initial zoning district at this time. A revised preliminary plat will be brought before the planning board in June. This report will address both requests; growth policy amendment and initial zoning, that the developers are seeking on the property at this time. Each request will be reviewed with a recommendation at the end of the report on page 9. A. Petitioner and Developers: Technical Assistance: Wayne Turner 3300 Highway 2 Kalispell, MT 59901 (406) 261-0728 CTA Architects Engineers 10180 Cottonwood Road Bozeman, MT 59718 (406) 556-7100 Sands Surveying, Inc. 2 Village Loop Road Kalispell, MT 59901 (406) 755-6481 WMW Engineering SO Second Street Whitefish, MT 59937 (406) 862-7826 Hyalite Engineering, ILLP PO Box 90 1150 Cottontail Road Gallatin county, MT 59718 (406) 556 -7100 dbg 675 North Cholla Street Chandler, AZ 85224 (480) 786-5600 B. Location and Legal Description of Property: The project site is located on the north side of Foys Labe Road 1 f4 mile crest of the current city limits along Meridian Road. The project site's eastern boundary is located at the intersection. of Foys Labe Road and Valley View Drive. From its eastern boundary the project site continues crest just over 1/2 mile along Foys Lake Road and ending at the eastern boundary of the Ston.eridge subdivision. Ashley creek makes up the northern boundary of the project site with the future Highway 93 bypass right-of-way providing an eastern boundary to the project site. The properties included in the overall project site can be described as Tracts 1, 1AI, 1 B, 1 BA, 1 BB, ID, 1 DA, 1 B, 1 F, 1FA, 1FB, and 7AB located within the N 1/2 of the N 1/2 of the S 1/2 of Section 13, Township 28 North, Range 22 West, P.M.M. , Flathead county, Montana. C. Es isting Land Use and Zoning: The property is currently in the county zoning jurisdiction and is zoned R--1, suburban Residential, and I--2, Heavy Industrial. The county zoning ordinance defines the R-1 zoning as a district to provide estate -- type development in rural areas away from concentrated urban development, typically not served by water or sewer services, or m areas where it is desirable to permit only lour --density development (e.g., extreme topography, areas adjacent to floodplains, airport runway alignment extensions) . The county zoning ordinance defines the 1-2 zoning as a district to provide for industrial uses to accommodate heavy manufacturing, processing, fabrication, and assembly of parts or materials. It is also intended that the encroachment of non -industrial or unspecified commercial uses within the district be prevented. The 10 acre project site is currently vacant save an existing pole barn that may have been used for hay storage. There is an abandoned irrigation ditch located along the north side of a small hill on the project site. There is also an irrigation pump house and main line located in Ashley Creek. It can be presumed that in some point in the past there was irrigated land for either crop production but more likely for horse pasture during the dry summer months. Of the property's industrial past only remnants of the former industrial uses now exist on the site. 2 011 A few dirt roads provide access to portions of the site with an existing culvert crossing for Ashley Creek located in the northwest corner of the project site. This crossing provides access to industrial zoned property immediately north of the project site. Adjacent Land Uses and Zoning: North: Montana Forest Products and rural residential development; County R-1 and I-2 zoning East: Single-family homes, Montana Forest Products and vacant land; County R- 1 and I-2 zoning South: Single-family homes; County R-1 zoning. West: Single-family homes; County R- 1 zoning E. General Land Use Character: The area can be described as largely rural residential with larger tracts of land located north, south and wrest of the project site. These areas have been developed with single --family homes built anywhere from the last several years to decades old. To the east of the site is an existing lumber mill which over the years' has been significantly reduced in size and production output however is stir. operating. The 140 acre project site is situated just outside the western city limits of Kalispell. ApproximatelyI4 mile east of the project site is urban scale residential development along Meridian Road. Between this site and the western edge of the city lies the proposed Highway 93 Bypass R/w. this proposed R/w abuts the entire eastern side of the site. A recent annexation and approval of the Lone Pine Trail subdivision is located south of the project site approximately 1/8 of a mile. This development includes single --family and duplex units in an urbanized setting. The Lone Pine Trail subdivision has extended water and sewer lines along Foys Labe Road in order to service the future lots within this subdivision. These lines are within the road right-of-way adjacent to the project site. F. Utilities and Public Services: Sewer: City of Kalispell water: City of Kalispell Refuse: Private contractor Electricity: Flathead Electric Cooperative Gras: Northwestern Energy Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell 1. EVALUATION OF THE GROWTH POLICY AMEND MENT: 3 No specific criteria have been outlined to address amendments to the growth policy, but amendments generally follow public interest criteria. Elements of those criteria are basic to most comprehensive land use plans, which are a common tool in most communities. The growth policy, master plan or comprehensive plan are used to provide a general and comprehensive outline of community goals and expectations about where and how a community should grow and develop. In order to provide a framework for analysis and evaluation of the proposal a general outline of public -interest criteria related to a proposed change in land use is used. The following criteria for evaluation will be established as follows: • changes in circumstances that warrant the amendment; i Compliance with the overall goals and policies of the master plan and its various elements: growth management, • land use, • economy, environmental considerations, • parks and recreation, transportation, * infrastructure, utilities and public services; • annexation and the extension of services. The proposed plan amendment will be considered in the context of the current Kalispell Growth Policy 2020 as well as current and future development trends for the area. Has there been a change of circumstances under which the proposed plan amendment is being made that warrants its consideration? The growth policy for Kalispell was adopted in February of 2003 which has been a useful tool in providing guidance to the community, developers, decision makers and staff when anticipating growth trends and expansion of the city limits. However, the growth and expansion of the city has occurred much faster than could have been anticipated on all sides of the community. The adopted growth policy map designates the 140 acre site as both Suburban Residential and Industrial. The Industrial land use designation is found on the east and northeast portions of the project site encompassing an area approximately 30 acres in size. The request is to change the 30 acre area from Industrial to Suburban Residential to alloy for the proposed PUD and Willow Creek residential subdivision. As mentioned above, the overall growth in and around the City of Kalispell has happened faster than was anticipated when the growth policy and accompanying snap were adopted. it should also be noted that the current industrial lard use designation for the Sot acres of the project site was placed in the Industrial land 4 use category largely on the request by the then property owners. This Sot acre area and land located north across Ashley Creek have been and, for the land north of Ashley Creek, still are being used for industrial uses. However, the 30± acres included in the growth policy amendment does not contain active industrial type uses anymore. The lands to the west and south are designated as residential. Recent annexations and subdivisions including Lone Pine Trails and the Blue Skies subdivision, both located off of Valley view Drive south of the project site, indicate the expansion of urban scale residential development in this area. Furthermore, the future Highway 33 bypass right-of-way will most likely use up areas east of the 30t acre Industrial area of the project site which are also designated as industrial. Does the proposed plan amendment further the overall goals and objectives of the growth policy when considering the specific elements of the plan? Growth Mana tment: Two primary mechanisms for managing growth in the City of Kalispell exist which are to rely on redevelopment and infill within the current City limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. Regarding Industrial land uses and subsequent development on industrial lands, the Kalispell Growth Policy, Chapter 4 states the following goal with the accompanying policies: Goal 3 states, `Encourage development and redevelopment in the "Target Development Areas'." Policy 6 (a) states, "Target development areas are generally located in the southwest part of Kalispell, around the City airport, the southwest area of ,L]LTest Reserve Drive and Highway 93 primarily the State Lands Section 36 and the Center Street area." Policy 6(c) states, "The target development areas are where commercial and/or light industrial development or redevelopment is encouraged. Integration of residential uses within these areas is also encouraged." The proposed map amendment would allow residential zoning and uses in an area which is experiencing an increase in residential development and reduction in its scope of industrial type uses. As stated above the Kalispell Growth Policy does not target this area for commercial or industrial type expansion. These areas are primarily north and south of this site along Highway 93 which the updated Kalispell Growth Policy Future Land Use map illustrates. Land Use: General goals and polices of the growth policy encourage the orderly dexTel,pment in the Z<,rr oz���� policy area xx�+..h space 1'0 - fut�are expansion while ensuring compatibility of adjacent land use. The requested growth policy 5 amendment would allow a proposed mixed residential development to occupy the 140 acre project site, a 30± acre portion of which is designated Industrial. The growth policy amendment from Industrial to Suburban Residential is a reasonable request due to the expansion of residential development in this area and the decrease in available industrial land due to the future highway bypass. Economy: Chapter 6 of the Kalispell Growth Policy, Policy 2, states, "Encourage a land use pattern that supports viable business and industrial districts that integrate a residential component but does not negatively impact or encroach into well established residential neighborhoods." Just east of the proposed amendment area are residential neighborhoods within the city. Although this property has been used for industrial uses in the past no large industrial use has been a part of the 30± acre area for the past 25 or more years. New industrial uses in this area would have an impact on existing home owners to the east as well as to the south. Amending the growth policy land use designation for the 30± acre site would allow compatible residential development to be built in this area and avoid industrial type impacts to residences in the area consistent with policy 2 above. Environmental Considerations: The area where the growth policy amendment is proposed is fairly level save an area on the north end which is adjacent to Ashley Creek. As part of the growth policy amendment the developers have also requested a PUD and subdivision.. Through the PUD and subdivision, reviews potential impacts future residential development may have on the environment will be discussed and conditions to mitigate such impacts recommended. Communi and recreational Facilities: As part of the PUD and subdivision proposal on the 140 acre project site which includes the Sot acre area included in the growth policy amendment, the developers are proposing a variety of common areas, opera space areas and parkland. A detailed review of the community and recreational facilities will be included in the report for the PUD and subdivision. Community Facilities Infrastructure and Public Services: As part of the growth policy amendment the developers have proposed. a PUD and subdivision which, as a condition of approval, would be required to extend existing water and sever lines to the site. The subdivision, if approved, would also be required to upgrade existing streets within the area impacted by this development and provide city streets within the subdivision. II. EVALUATION BASER ON STATUTORY CRITERIA FOR INITIAL ZONING AND PROPOSED PUD OVERLAY 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-?-304, M.C.A. and Section "427.30.0.0, Kalispell 9 Zoning ordinance. L Does the requested zone comply -with the owth policy'? On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth Policy which designates approximately 110 acres of the project site as Suburban Residential with the remaining 30 acres as Industrial. However, as discussed in section 1, Evaluation of the Growth Policy Amendment, the developers have requested the Suburban Residential land use designation for the entire 140± project site. Therefore, the requested initial zoning designation of R-3 will be reviewed predicated on the fact that staff is recommending the planning board and city council approve the requested growth policy amendment. The Suburban Residential land use designation anticipates a density of up to 4 dwelling units per gross acre. The area is proposed for R-3, Urban Single Family Residential zoning designation that anticipates single-family homes as the primary use on lots not less than 7,000 square feet in size. The Kalispell Growth Policy, Chapter 3, Policy 3 states in part that suburban housing densities should not exceed two to four dwellings per gross acre. The proposed R-3 zoning district limits the land uses to primarily single-family residences with a density of approximately 4 dwelling units per gross acre. The proposed R-3 zoning district is consistent with the Suburban Residential land use designation and implements the policies regarding Suburban Housing as found xn Chapter 3 of the Kalispell Growth Policy. Based on the above cited policy in the Kalispell Growth Policy, the requested zoning districts can be found to comply with the existing land use designations and the growth policy. 2. Is the requested zone desigLied to lessen congestion in the streets? It can be anticipated that the proposed zone change of the property will increase traffic impacts in the area due to the relatively low density of the area currently and the relatively higher density allowed under the proposed zoning districts. As part of the overall project proposal the developer had a traffic impact study conducted to provide possible mitigation measures to the increase in traffic the development proposal will have on existing streets. The proposed R-3 zoning district would allow densities that will have an impact on surrounding streets. However, through future subdivision review on the site, conditions wfll be recommended based in part on the traffic impact study to insure that existing streets are upgraded and new traffic routes are provided to lessen congestion in the streets. 3. Will the requested zone secure safety from fire, panic, and other dangers? At the time this property is developed, the property owners will be required to insure that there is adequate infrastructure in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available 7 to the property and will be utilized at the time another lot is created in the future. 4. will the reguested zone promote the health and general welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. 5. will the requested zone provide for ade uate li ht and air? Setback, height, and 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 zonerevent the overcrowding of land? This area has been anticipated for primarily residential development. All public services and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely to occur. 7. will the requested zone avoid undue concentration of people? An increase in the number and concentration of people in the area will rely result after this land has been converted from county residential and industrial zoning to a more intensive city residential zoning. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of utilities would provide the infrastructure needed to insure that there will not be an overcrowding of the land or undue concentration of people. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is further developed. 8. will the requested zone facilitate the adequate rovision of trans ortation water sewera e schools arks and other public requirements? Public service, facilities and infrastructure would be made available to the developer. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with city policies and standards at the developers expense thereby insuring that there is adequate provision of services to the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the city. All, public services and facilities are currently available or can be provided to the property. 9. Roes the requested zone Five consideration to the articular suitability of the property for particular uses? The 140± acre site is fairly level throughout with a small hill located along the southern portion of the project site and Ashley Creek located along the project W site's northern boundary. The future Highway 93 bypass will locate on the eastern boundary of the project site. Conditions of approval for subsequent development of the property will need to address future noise impacts along the Highway 03 bypass to the residential units proposed on the project site and stream setbacks. As was stated previously, the majority of the site is level with few other constraints. Therefore, the requested zoning district give due consideration to the particular suitability of the property for particular uses. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is rural residential development. The proposed zoning allows future development on the property to address needs within the community for housing and support services on public services and in reasonable proximity to the City core. Availability of public water and sewer to the area indicate that this type of development will continue to occur on the urban fringes of the community to be developed with similar types of uses as is proposed with this property, i.e. suburban or urban residential rather than rural residential uses. It appears that the proposed rezoning gives reasonable consideration to the character of the district. 11. willthe ro osed zone conserve the value of buildings? The development anticipated under the proposed zoning is more intensive than the land uses currently surrounding the project site. City standards will insure that infrastructure built to serve future development on the site is adequate. The requested R-3 zoning will insure the property is developed with primarily single family homes built to building and fire codes. The RW-3 zoning district and building codes Will insure the value of buildings and homes are protected, maintained and conserved. 12. will the --reuested zone encourage the most appropriate use of the land throughout the „ municipality? The requested R-3 zoning would allow primarily residential uses on the 140t project site. Residential development is encouraged in areas were services and facilities are available or can be extended to serve future development. The proposed zoning district is also consistent with the growth policy plan. RECOMMENDATIONS 1. The planning board recommends that the Kalispell. City council adopt staff report KGPA-07-1 and change the growth policy land use designation on a portion of the 140 acre site to Suburban Residential on the Kalispell Growth Policy Future Land Use Map. 11. The planning board recommends that the Kalispell City Council adopt staff report KA.-07-3 and recommend that initial zoning of the 140 acre sitc be R-3 as shov,-n on the zoning district map for the property. WE City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell., Montana 59901 Telephone: (406) 751--1850 Fax: (406) 751--1858 APPLICATION FOR GROWTH POLICY ANWCDMENT (GPA) PROJECT NAME: Willow Creek PUD 1. NAME OF APPLICANT: -Wavne Turner 2. MAIL ADDRESS: 3300 Hya,2 West 3. CITY / STATE /ZIP: Falls ell PHONE: 2 57-16S 2 NAME AND ADDRESS OF OWNER/ S IF DIFFERENT THAN APPLICANT: 4. NAME: Charles and W ona. O Neil Family -Limited Partnership 5. MAIL ADDRESS: PO Box 703E rol CITY/ STATE/ZIP: Ralis ell PHONE: 755--6434 7. TECHNICAL ASSISTANCE: CTA Landworks S. MAIL ADDRESS: 306West Railroad Avenue suite 104 9. CITY/ STATE/ZIP: Missoula Montana 59502 PHONE: 406--72S-S2S7 If there are others who should be notified during the review process, please list those. A. Property Address: NHN FM Lake Road In Total Area of Property.- 30 acres C. Legal description including section, e ori, township & range: Tracts 1 IAI 1 B 1BA11, I BB ID, 1 DA I E 1 F 1 FA I FB 7AB within the N �X2 of the S 1/2 of Section 13.,.- Township 2$ N Range 22 W P.M.M. Flathead Coun Montana See A endices 5.1 Legal Description 1 D _ Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the issues, goals and policies associated with the proposed development. -- These 30 Acres are pant of a larger 140 acre site. This site is currently under review for annexation, planned unit development and major subdivision. This application is intended to amend to Kalispell Growth Policy in the Northwest corner of the area where 30 acres has been planned for industrial. development. The rest of the site is planned for residential development. These inconsistencies are due in part to the owner's insistence and also to old boundaries that have been adjusted since the growth policy was adopted. This amen dm ent is requested to clear up the inconsistent planning in this area and to allow the previously applied for project to move forward.. I ask that the submittal package be reference to answer to below questions about the site. b. Project feasibility and a schedule showing the tim.eframe in which each phase will be completed. - we feel that this project is highly feasible. A phasing plan is included in the original submittal in Section 4.4 and a. large copy of the map was included in the back of the submittal. Also, a color phasing plan is available in Figure 3.6. C. A showing of the conformance of this amendment with the growth policy overall. - A look at the growth policy map shows that this particular industrial use is clearly out of place. It is a remnant of a parcel of real estates that no longer exists in the form it did when the growth policy was adopted. This change would be consistent with the planned surrounding development. d. A convincing showing of need. - This amendment is necessary for the entire Foys Lake Road area to develop as it is planned. The entire area, with the exception of this one small piece, is planned to be developed as residential. It does not make sense to have one small piece of industrial development surrounded by many acres of residential. This area was originally planned this way because it was part of a larger tract of land that stretched north to the railroad tracks. Since the implementation of the growth policy these boundaries have been adjusted and it is no longer connected to the larger industrial area to the north. N acre piece of ground planned for industrial development as an island surrounded by areas planned for suburban lots. k. The extent to which the plan departs from the existing growth polio and the reasons why such departures are or are not deemed to be in the public interest. - The plan would depart from the e-�dsting growth polio to the extent that it would change the planning i n g designation of 30 acres from an industrial use to suburban residential. This would be consistent with the surrounding area. i. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Property boundary locations. - Property Boundaries are indicated figures 4.1 and 4.2 of the submittal. The area that requires a growth policy amendment is located in the northeast corner of the property. This area can be seen on the enclosed copy of the growth policy map. (2). Site hazards or environmental constraints including area of steep slopes (10% and 25%), floodplain and flood way, drainage or streams; -- There are no known site hazards. Environmental constraints include Ashley Creek, the flood plain and floodway associated with Ashley Creek, and a steep slope down to the stream. All of these areas are buffered and will not be impacted by this growth policy amen.ean.t. The extent of the buffering is visible in the site plan for Willow Creek. (3). Total acreage, current growth policy designation and present zoning classifications; - The total site is 130 acres. Roughly 30 acres of it (estimate provided by the Kalispell plannmg office last fall) is planned for industrial development. The remaining portion is planned for suburban residential. development. The entire site is currently zoned. County R-1. The portion that is planned for industrial was recently rezoned by the county to R--1. (4). Growth policy and zoning classification of all adj oinin g properties; - The growth policy designation for the adjoining properties is suburban residential. The surrounding area is zoned County RW-1 or City R-3. 4 (5). Assignment of major land use categories. A showing of density and intensity of major land uses including, for example, dwelling units per gross acre, square footages of commercial/ acre, square footage of industrial uses/ acre, potential public facilities and buildings, open space uses, etc. -- Major land uses are discussed in the submittal. Residential lot sizes range from 4,000 to 15,000 square feet. The different dweg unit types are shown on the color map of the project. The map reflects three different housing types; Condo, Townhouse, and single Family. Open space is also indicated on the site plan. Roughly 2 5% of the total project (39.58 acres) is dedicated as open space or as parkland.. There is also a parks improvement plan within the submittal outlining the parks improvements that are proposed. Locations of these improvements are shown on the site plan. This plan shows an average of 5.5 dwelling units per acre. (6). Collector and arterial road systems. Any unusual road features (bridges, frontage roads, etc.) - The project fronts onto Foys Lake Road. The project also calls for a new road to be constructed to connect it to Hwy 2. 'These will be the major roads impacted by the project. A more detailed review of road impacts can be found in the TIS. (7). Location and type of significant open space, common areas or substantial buffers, and major pedestrian trail systems; - The project entire project makes substantial use of open space and buffering;. Roughly 25% of the total acreage in the project is reserved as either open space or parkland. The areas that are designated can be found on the site plan for willow Creek. Also, park plans are provided in figure 2.25. (8). Proposed schedule of completions and phasing of the development, if applicable; - This project will be completed in six phases. A color phasing plan is provided in Figure 3.6 of the submmittal. A phasing plan can also be found in Section 4.4 of the submittal. Also a large copy of the phasing plan has been provided in the rear of the package. (9). Existing covenants, conditions and restrictions which would significantly alter development within the area; 5 - we are not currently aware of any covenants, conditions, or restrictions on the property. However, we intend to control the construction of the housing within the project through covenants and design guidelines. Draft copies of these documents are provided in Sections 3.4 and 3.5 of the submittal. (10). Special or unusual design features intended to mitigate identified site hazards. - we have not identified any site hazards. (11). Any other information that may be deemed relevant and appropriate to allow for adequate review. - Please review the submittal package for any additional information. The signing of this application sides that the aforementioned information is true and correct and grants approval for Kalispell Planning Department staff` to he present on the property for routine monitoring and inspection during review process. 2,1L (Applicant Signature) (Date) 6 City of Kalispell 2.0 Planning Department 17 - 21111 Street East, SLUte 2211, Kalispell, Montana �990l Telephone: (406) 751- l 850 Fax: (406) 751- 1858 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: Wayne E. Turner MAIL ADDRESS:. 3 300 Hi hwq 2 West CITYISTATEIZIP: Kalispell MT 59901 PHONE: 406.261.0728 INTEREST IN PROPERTY: Developer Other Parties of Interest to he Notified: PARTIES OF INTEREST: CTA Architects Engineers MAIL ADDRESS: 306 West Railroad Avenue,., Suite_ 104 CITYISTATE1zIP: Missoula MT 59802 PHONE: 406.728.9522 INTEREST IN PROPERTY: Desi nerlEn ineer PLEASE COMPLETE THE FOLLOWING: Address of the property: See Legal Description Legal Description: Tracts 1 I AI l B 1 B A 1 BB ID, 1 DA 1 E 1 F 1 FA 1 FB 7AB (Lot and Block of Subdivision; Tract #) Within the N -I" and the N -"I of the S 1/2 of Section 13 T28N R22W See Appendices i Le al Description (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) 128.79 Acres The present zoning of the above property is: R-t 1-2 The proposed zoning of the above property is: PUD as included with this application State the changed or changing conditions that make the proposed amendment necessary: The Prol2eM Owner/Applicant submits this application with the intent of developing a residential communi in Kalis ell as recentl included within the ci 's growth olic .The goal is to create a communily that offers living opportunities for current and potential Kalispell residents within favorable p imily, of the ci1y. With 19°I increased growth in Kalispell and 24% within Flathead Coun1y, there is a need to provide denser development,, allowed only under Ci1y jurisdiction. The a licant ro oses through annexation to extend ci water and sewer services to this communi The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. Al �VA�0� 07 (Applicant) (Date) WILLOW CREEK 11 Return to Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT 3.3 The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the Smith Valley Rural Fire District under the provisions of Section 7-33-2127, Montana Code Anotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed., the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. -Z ii22 I //1 7 01 �� oe�llt;-10 Petitione /Owner Date Petitioner/Owner Date WILLOW CREEK 37 NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. See Appendices 5.1 Legal Description. STATE OF MONTANA ) : ss County of Flathead County On this day of before me the undersigned!, a Notary Public for { � � � � � � rY the State of Montana, personally a pearedr-r., known to me to be the person whose name is subscribed t the foregoing instrument and acknowledged to me that he/she executed tl � same. tx0tl II11/" ItIt z IN WITNESS W fvto set my hand and affixed my Notary Seal the day and year in this certi ate first jog w . en- sum AL. o Vesi- ry Public State of Montana �My i i SE M • ding at � r maw Nr My Commission expi es: STATE OF MON A4 iIt�t�� . ss County of Flathead County On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) : ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: On this day of 7 , 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 Residing at My Commission expires 38 WILLOW CREEK APPROXRv1ATE PRELIII/IINARY PLAT DESCRPTION: A. TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTH H LF AND THE NORTH HALF OF THE SOUTH HALF OF SECTION 13. TOWNSHIP 28 NORTH, RANGE 22 WEST, P .M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PA.RTICULAR.Y DESCRIBED AS FOLLOWS To WIT: BEG G at the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 13, Township 2 8 North, Range 22 west, P.M.,M., Flathead County, Montana; Thence NO ° 1 of 118.27 feet to the centerline of Ashley Creek; Thence along said centerline of the following forty-seven (47) courses: S80°00'00"E 97.61 feet; Thence S76°40'1.3"E 198.65 feet; Thence N12°59'41 "E 28.02 feet; Thence N24°572311W 85.23 feet; Thence N67°19' 11 "W 84.62 feet; Thence N50°00'00"ELT 108.13 feet; Thence . N70000'00"E 151.72 feet; Thence N41°43'55 "E 68.10 feet; Thence N82°18'58"E 23.78 feet; Thence S41 °08' 52"E 84.73 feet; Thence S 82°3 0'3 3 "E 72.87 feet; Thence N53°07'2 1 "E 166.58 feet; Thence N68°14'14"E 226.19 feet; Thence N22°04'57"E 66.61 feet; Thence N43 ° l 0' 17"W 66.04 feet; Thence S 84° 16'02"W 144.66 feet; Thence N76°3 8'43 "W 43.64 feet; Thence N3 9°20'52 "W 5 8.01 feet; Thence N0392' 13 "E 1)0.62 feet; Thence N46°08'49 "E 62.18 feet; Thence N46°57' 10 "E 99.19 feet; Thence ITT S 3 °? 4'2.3"E 2 8.2 0 feet; Thence N04°40'05"W 39.48 feet; Thence N3 3 °55'01 "W 116.16 feet; Thence N24°03'36"W 171.16 feet; Thence N22°48'01 "W 172.11 feet; Thence NIO'D24'10"E 60.60 feet; Thence N81°34'2`. "E 186.39 feet; Thence S88°36'18"E 268.91 feet; Thence S52°29'57"E 114.66 feet; Thence S55°49'55"E 56.96 feet; Thence S 63 °04'2 8"E 110.28 feet; Thence S46°2 8'3 0 "E 146.28 feet; Thence S64025'3 2 "E 67.01 feet; Thence S3 5°29'57"E 109.41 feet; Thence N56°36'54"E 45.09 feet; Thence N47052'24"E 82.33 feet; Thence S40°01'3511E 5 2. 31 1 feet; Thence S20°42'45"E 9 6.9 5 feet; Thence S40°13'32"E 90.10 feet; Thence S3) V03'`)1 "E 86.09 feet; Thence S69°02'42"E 96.01 feet; Thence S50°07'45"E 190.15 feet; Thence S69°32'49"E 207.12 feet; Thence N46°48' 19"E 46.97 feet; Thence N 18°06'3 3 "E 3 3 3.02 feet; Thence N45 °2 0' 19 "E 45.46 feet to the westerly right-of-way of the proposed Kalispell Bypass; Thence along said right -of wav S29°54' 19"E 452.21 feet; Thence S 18° 13' 19"E 517.87 feet; Thence S 13 ° 3 7' 12"E 977.54 feet; Thence 2 5 ° 13' 3 5 "E 3 03.94 feet to the northerly right of way of Foys Labe Road which is on a 1086.00 foot radius curve, concave northwesterly; Thence southwesterly along said curve through a central angle of 19°18'30" an arc length of 3 65.9 7 feet; Thence S6 7 °4 7'01 "W 41.41 feet. Thence S 89°34'05"W 544.40 feet, Thence S 8 9°3 7'5 2 "w 2.266.00 feet; Thence leaving said RJW N00°2 5'47"E 100.11 feet; Thence N890.)7'52'E 164.40 feet, Thence N00°22'08'W 160.36 feet, Thence N88°55'15'E 120.67 feet to the point of beginning and containing 139.904 ACRES. more or 'less-, Su sect to and together with ail appurtenant easements of record.