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I3. Lofts at Ashley (Reso 5792, Ord 1782)Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager iZ FROM: Jarod Nygren, Senior Planner SUBJECT: KA-16-03 — Annexation and Initial Zoning of RA-1 (Residential Apartment) for Lofts at Ashley, LLC MEETING DATE: December 5, 2016 BACKGROUND: A request from Lofts at Ashley, LLC, to annex a 3.79 acre parcel into the city and zone the land RA-2 (Residential Apartment/Office) upon annexation. The property is currently zoned county R-4 and undeveloped, however, upon annexation the applicant is requesting to construct multi -family residential apartments. Water and sanitary sewer service are in the vicinity of the property and upon annexation extensions will be constructed to serve the property. The property is located at 2050 Airport Road in south Kalispell. The property to be annexed can be legally described as Tract 1 of Certificate of Survey #20138, in Section 19, Township 28N, Range 21 W, P.M.,M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing November 9, 2016, to consider the application request. Staff presented staff report KA-16-03 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the City Council that the annexation and initial zoning request be granted. During the public comment portion of the hearing, a representative of the applicant spoke in favor of the request. Ten (10) members of the public spoke in opposition to the request, at which time one of the members presented 133 signatures of residents that were also in opposition to the proposed RA-2 Zone. Additionally, approximately 40 members within the audience stood up in opposition to the requested RA-2 Zone. The members of the public, including the signatures gathered, requested that the initial zoning of the property be RA-1 Zone, rather than the requested RA-2 Zone. The members of the public were concerned that the density allowed by the RA-2 Zone and the potential office use allowable by the RA-2 Zone were not appropriate for the subject property and would have detrimental effects on their quality of life and property values. There being no further testimony, the public hearing was closed and a motion was presented to adopt staff report KA-16-03 as findings of fact, and recommend to the Kalispell City Council that the property be annexed and the initial zoning of the property upon annexation be RA-2. The Board discussed the requested RA-2 Zone noting that it did allow twice the density on an RA-1 Zone and that the RA-1 Zone was more compatible with the surrounding city R-4 Zone and county R-4 Zone. They also concluded that the RA-2 Zone would allow offices which would be out of character with the neighborhood. Accordingly, a motion was presented to amend the requested zoning from RA-2 to RA-1. Board discussion concluded that the amendment was appropriate, as there was overwhelming public support voiced for the RA- 1 Zone during the public hearing. The Board concluded the RA-2 Zone would unduly impact the character of the adjacent single-family neighborhood due to the allowable density and potential commercial use within the zone. The Board also felt the RA-1 Zone was more comparable to the adjacent city R-4 Zoning and County R- 4 Zoning. The motion passed unanimously upon roll call vote. There being no further discussion, the original motion, as amended, passed unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Council approve the annexation and first reading of the ordinance for initial zoning of RA-1 (Residential Apartment). FISCAL EFFECTS: Approval of the request would have positive fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 5792 Ordinance 1782 Annexation and initial zoning Staff Report KA-16-03 Minutes of the November 9 2016, Kalispell Planning Board Application Materials Public Comment c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5792 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 20138 OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS LOFTS AT ASHLEY ADDITION NO. 426; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Lofts at Ashley, LLC, the owners of the above -referenced property, requesting the City of Kalispell annex the territory into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-16-03, dated November 9, 2016; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City RA-1, Residential Apartment, on approximately 3.79 acres of land upon annexation into the City of Kalispell; and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property described as Tract 1 of Certificate of Survey 20138 of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Lofts at Ashley Addition No. 426. SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF DECEMBER, 2016. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1782 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 20138 OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED COUNTY R-4 (TWO FAMILY RESIDENTIAL) TO CITY RA-1 (RESIDENTIAL APARTMENT)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Lofts at Ashley, LLC, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned County R-4, Two Family Residential, be zoned RA-2, Residential Apartment/Office, on approximately 3.79 acres of land; and WHEREAS, the property is located at 2050 Airport Road; and WHEREAS, Lofts at Ashley, LLC's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-16-03, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA-2, Residential Apartment/Office, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 9, 2016, and after considering the Staff Report #KA-16-03 as well as public comment and discussion, recommended that the zoning be City RA-1, Residential Apartment, pursuant to Kalispell City Code 27.29.030 for the reason that the reduced density of City RA-1, Residential Apartment is more consistent and compatible with the existing surrounding neighborhood; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-2, Residential Apartment, the City Council finds the recommendation of the Kalispell City Planning Board to zone the property as RA-1, Residential Apartment to be more compatible to the existing neighborhood and to be also consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the essential findings of fact of KPD as set forth in Staff Report No. KA-16-03 with the exception of the consideration of density. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described above as RA-1, Residential Apartment, on approximately 3.79 acres of land. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF DECEMBER, 2016. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk LOFTS AT ASHLEY REQUEST FOR INITIAL ZONING OF RA-2, UPON ANNEXATION STAFF REPORT #KA-16-03 REQUEST FOR CONDITIONAL USE PERMIT STAFF REPORT #KCU-16-05 KALISPELL PLANNING DEPARTMENT NOVEMBER 9, 2016 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Lofts at Ashley, LLC to annex into the city limits with an initial zoning designation of RA-2 upon annexation and a conditional use permit (CUP) for multi- family residential apartments. The property is located at 2050 Airport Road in south Kalispell. A public hearing has been scheduled before the planning board for November 9, 2016, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The Planning Department has received the following applications from Lofts at Ashley, LLC for review: • File # KA-16-03 - A request to annex a 3.8 acre parcel into the city and zone the land RA-2 (Residential Apartment/Office) upon annexation. The subject property is located at 2050 Airport Road in south Kalispell. The property is currently undeveloped, however, upon annexation the applicant is requesting to construct multi -family residential apartments (see below). Water and sanitary sewer service are in the vicinity of the property and upon annexation extensions will be constructed to serve the property. • File # KCU-16-05 - A request for a conditional use permit for an 82 unit multi -family apartment complex within the RA-2 (Residential Apartment/Office) Zoning District. The apartment project would be comprised of 62 two -bedroom units and 20 three -bedroom units arranged in three buildings that vary between two and three stories in design. The conditional use permit application would be subject to approval of application KA-16-03, mentioned above. Multi -family apartment complexes are permitted within the RA-2 Zone provided a conditional use permit is obtained per 27.10.030 of the Kalispell Zoning Ordinance. This report evaluates the two applications in accordance with state and local regulations. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2- 4610, M.C.A., Annexation by Petition. The CUP will be reviewed in accordance with Section 27.33.080 of the Kalispell Zoning Ordinance. 1 A. Petitioner / Owner: Lofts at Ashley, LLC P.O. Box 534 Bigfork, MT 59911 B. Location and Legal Description of Properties: The property under consideration is located at 2050 Airport Road, at the southwest intersection of Airport Road and Teal Drive. The 3.8-acre parcel can be described as Tract 1 of Certificate of Survey # 19815, in the Southwest Quarter of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The property is currently within the county zoning jurisdiction and is zoned R-4 (Two -Family Residential). The county R-4 Zoning District is intended to provide for urban residential development. Development within the district will require all public utilities and all community facilities. A duplex is allowed in the district, which equate to 1 unit per 3,750 square feet. Accordingly, the density permitted with the county zoning would be approximately 45 units. The 3.8 acre site is currently undeveloped grasslands with some landscaping topography, mature trees, irrigation and "Ashley Park" entry sign. The property was originally owned by the developer of the Ashley Park Subdivision to the west. The landscaping was put in place as an entry into the subdivision. This coincides with the .21 acre "Entry Landscaped Area A" parcel to the north. It can be assumed that this was done in order to create an aesthetically pleasing entrance into the subdivision. Although the small .21 acre parcel to the north is limited to landscaping only, the subject property is not. Subdivision records indicate that the subject property was never required to be parkland, even though it was developed that way. The developer paid a park -in -lieu fee as each phase of the Ashely Park Subdivision was developed, meeting the parkland requirement. Another indicator that the property was never designated parkland for the subdivision is that it is still located within county jurisdiction. D. Proposed Zoning: The applicant is requesting an RA-2 (Residential Apartment/Office) Zone. The Kalispell Zoning Regulations state that the RA-2 Zone is intended to "provide areas for residential development including multi -family housing and compatible non-residential uses of high land use intensity. This district would typically serve as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the Central Business District. This zoning district would typically be found in areas designated as urban mixed use, high density residential and commercial on the Kalispell Growth Policy Future Land Use Map". E. Size: The subject property is 3.8 acres. F. Adjacent Land Uses: North: Single-family residence, Ashley Creek and Begg Field East: Single-family residence, vacant land, Ashley Creek and city wastewater treatment plant, West: Single-family residential, South: Single-family residential. G. Adjacent Zoning: North: City R-4 and county SAG-10 East: County I-2 West: City R-4 South: City R-4 and county R-4 H. General Land Use Character: The general land use category of the area can be described as a mix of uses in transition. The primary use within the area is single-family, with the Ashley Park Subdivision to the west and a few adjacent residences constructed in the county on large lots. Additional uses within the vicinity include a meat processing plant, baseball fields, mobile home park, city wastewater treatment plant, city airport and salvage yard. Much of the area directly to the east of the subject property is located within FEMA Flood Zone adjacent to Ashley Creek. This area will likely not be developed. Looking into the future, School District 5 owns an approximately 25 acre parcel about .10 miles to the south where a new elementary school will be located. It can be suspected that the new elementary school, along with the completion of the bypass, will drive new residential development on the south end town. I. Utilities and Public Services: City water and sewer mains are both within the vicinity of the property to the south and north. Both utilities will need to be extended to the property. When annexed, the developer will be required to pay the cost for the utility extension. The design and sizing of these utilities will be reviewed and approved by the Kalispell Public Works Department. Sewer: City of Kalispell if annexed Water: City of Kalispell if annexed Refuse: City of Kalispell if annexed Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: School District No. 5 and Elrod Elementary Fire: South Kalispell Fire District (currently), City of Kalispell Fire Department if annexed Police: Flathead County Sheriff Department (currently), City of Kalispell Police Department if annexed 3 I. ANNEXATION EVALUATION 1. Compliance with the growth policy: 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. Chapter 2, Growth Management, contains the following goals that are relevant to this particular annexation request: 2. Implement a comprehensive, effective growth management program that recognizes and upholds the general welfare of the community as well as individual rights. 3. Encourage housing types that provide housing for all sectors and income levels within the community. 5. New urban and suburban development occurs in areas where public water and sewer are available. In addition, to the three cited goals, the city council adopted an annexation policy in 2011, with a corresponding map as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the planning board, the council, and the development community direction when property owners outside of the city limits are requesting municipal services and annexation. The property proposed for annexation falls inside the city's direct annexation boundary. 2. Municipal Services: Municipal sewer and water mains, are located within the vicinity of the property to the south and west and can be readily extended by the applicant to serve the site when the property undergoes development. The Kalispell Sewer treatment plant lies within 'A mile of the site. Storm water services in Teal Drive abut the property and have capacity to serve the site. The site is currently protected by the South Kalispell Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from Rural Fire District. At the time of annexation, the property will be served by the Kalispell Fire Department. The site lies within 1 1/2 miles of fire station 61 and is readily serviceable by the city fire, police and ambulance services all of which now respond to the immediately adjacent neighborhood. Given the level of existing services available to and in place, annexation of the property will not overburden the municipal services in place. E 3. Distance from current city limits: The project site is bordering city limits on its west property boundary (Ashley Park Subdivision) thus annexation will serve to be a logical expansion of the existing city limits. 4. Cost of services: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. If annexed, the property owner will be extending and connecting to city sewer and water at the time of development. The attached cost of services analysis prepared for this property is for commercial annexations. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis - Initial Annexation. The total cost of services is estimated to be $30,233. Almost all of the cost is related to sewer and wastewater treatment. Based on the city's taxation and assessment policies, the property will generate approximately $32,915 in total annual revenue to the city ($28,784 in taxes and $4,131 in assessments). Based on this analysis, the annexation will be net gain to the city of approximately $2,681. However, as part of the development the city will collect approximately $566,494 in one-time impact fees. The bulk of the impact fees are generated from sewer and water services. II. INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303; M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county R-4. The applicants are requesting city RA-2 (Residential Apartment/Office) to accommodate the proposed multi -family apartment for the entire 3.8 acres. The Kalispell Zoning Regulations state that the RA-2 Zone is intended to "provide areas for residential development including multi -family housing and compatible non-residential uses of high land use intensity. This district would typically serve as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the Central Business District. This zoning district would typically be found in areas designated as 5 urban mixed use, high density residential and commercial on the Kalispell Growth Policy Future Land Use Map". 1. Does the requested zone comply with the growth policy? The land use designation of the property in the City Growth Policy 2020 is "Urban Residential". The proposed RA-2 Zone is consistent with the City of Kalispell Growth Policy 2020 in the following ways: Chapter 3, Housing: GOAL: "Provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type design and location". The RA-2 Zone provides for multi -family residential, which would provide an additional supply of housing in an area that is suspected to grow with anticipated construction of a new elementary school. Currently, the south end of town is lacking multi -family residential units which are a critical component to both housing supply and affordability. POLICY (Urban Residential): a. "Urban residential areas shown on the plan map should be encouraged to be developed when adequate services and facilities are available". The subject property is adjacent to Airport Road, which is an arterial roadway, and the Kalispell Bypass. Both of these transportation modes provide adequate access into the development and city as a whole. Municipal services, such as sewer mains and water mains are located within the vicinity of the property to the south and north. These utilities will need to be extended to the property at the time it undergoes development. The site is currently protected by the South Kalispell Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from Rural Fire District. At the time of annexation, the property will be served by the Kalispell Fire Department. Similarly, the property will be served by the Kalispell Police Department upon annexation. c. 'Single-family houses are the primary housing type, but duplexes, guest houses, accessory apartments, and small dispersed areas of multi family housing are also anticipated." The proposed RA-2 zone would provide for a dispersed area of multi -family housing. It also provides a housing need in an area that lacks alternative housing options other than single-family residential. Alternative housing options will be important as the area grows with the anticipated construction of a new elementary school directly south of the subject property. d. "Urban and high density residential areas should be fully served by urban infrastructure and municipal services, including paved streets, curbs, sidewalks, landscaped boulevards and public sewer and water." Con Municipal services, such as sewer mains and water mains, are located within the vicinity of the property to the south and north. These utilities will need to be extended to the property at the time it undergoes development. Any new infrastructure will be installed by the applicant to the City of Kalispell Construction and Design Guidelines. e. "These areas should have convenient access to neighborhood business districts, parks and elementary schools." Airport Road and the bypass provide for convenient access into both the downtown and north end of the city. There is a proposed elementary school approximately .10 miles to the south and Begg Park is located approximately .2 miles to the north. Additionally, the development provides approximately 45,566 square feet of land that could be used for recreating and a communal gazebo/plaza area for the residents. Recommendations: 5. "Inclusion of multi family dwellings in some areas designated as urban residential may be appropriate depending on the character of the surrounding neighborhoods and anticipated trends". It is anticipated the south end of Kalispell will grow rapidly with the construction of a new elementary school, necessitating diverse housing options, such as multi -family housing. Additionally, multi -family residential located within the RA-2 Zone requires a conditional use permit. Appropriate conditions may be placed on the project to insure adequate mitigation is implemented to preserve the character of neighboring properties. The proposed amendment is NOT consistent with the City of Kalispell Growth Policy 2020 in the following ways: POLICY (Urban Residential) b. "Typical densities are four to twelve dwelling units per gross acre." The proposed RA-2 residential/apartment /office zone classification is the city's most dense residential zone and provides for densities of up to 29 units/acre by conditional use and office uses as a permitted use. These residential densities are twice as dense as the growth policy designation of Urban Residential anticipates. Thus on its face, the RA-2 could be found to be out of character with the area. The RA-2 zone does require the conditional use permit process to allow mitigation measures and design enhancements to ensure neighborhood compatibility. In this setting, the RA-1 Residential Apartment zone would be the multi -family zone classification expected within the Urban Residential land use category, as it has a maximum density of approximately 15 units per acre. This much more closely resembles 4-12 dwelling units per acre called out for in the plan. Allowing up to 21.5 units per acre (requested density) within the Urban Residential land use category is not prohibited; however, the densities provided in the Urban Residential land use category should serve as a guide for future development. As mentioned above, there are numerous goals, policies and recommendations within the Growth Policy that support the proposed RA-2 Zone. Ultimately, strict adherence to density projections may lead to inadequate use of land. The project's density should be evaluated on its ability to provide 7 city services and mitigate any impacts associated with the development of the property. As stated previously, the RA-2 zone does require the conditional use permit process to allow mitigation measures and design enhancements to ensure neighborhood compatibility. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The property is located on and has immediate access to Airport Road, an arterial road that is part of the Kalispell Urban Aid System. This roadway has significant capacity and provides immediate access both to the Kalispell downtown urban area and to the Kalispell Bypass. A traffic impact study for a proposed 96 unit apartment complex was submitted to this office as part of the original application materials in September of this year. While this project was not approved or constructed, it did analyze a significantly dense project (96 residential units which is very close to the maximum of 110 units allowed by the zoning on this site). The study evaluated all of the intersections between 18th Street and the Kalispell Bypass, which included the intersections of 19th Street, Teal Drive, Merganser Drive, Cemetery Road and the Kalispell Bypass. The study projected that the 96-unit apartment project would generate 638 daily trips in the area and that this volume of traffic would not create any additional roadway capacity problems within the area studied. All of the intersections within the area will continue to operate at a level of services (LOS) C or better with the additional traffic being counted. No roadway improvements or intersection modifications would have been necessary. Therefore, although there will be a change in the amount of traffic in the area, the traffic study has concluded that there are no significant traffic impacts and that the transportation system will continue to operate at a satisfactory level. 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 will be made available to the area. The site is 1.5 miles from fire station 61 with good response time. 4. Will the requested zone promote the public health, safety and general welfare? The zoning classification of RA-2 will allow a significantly higher density of housing than is now developed in the immediate neighborhood. It also would allow the potential intrusion of office uses into a primarily single family developed neighborhood. The conditional use permit process is available to ensure neighborhood compatibly in the case of multi -family housing, however; office uses are permitted outright and there are no specific opportunities to encourage a reasonable transition between low density residential uses and more intense office uses in the RA-2 zone. 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. The setbacks for the proposed RA-2 Zone are the same as those as the neighboring R-4 Zone properties (Front=15, Rear=10, Side=S). The RA-2 Zone does provide for slightly more height (40' vs. 35) and slightly more lot coverage (50% vs. 45%) than the neighboring R-4 Zone properties. Ultimately, intensive uses within the RA-2 Zone such as multi -family housing requires a conditional use permit, at which time the impacts on light and air can be analyzed and mitigated through conditions of approval. Other more intensive uses such as professional offices would not necessarily have those additional safeguards. 6. Will the requested zone promote compatible urban growth? The RA-2 Zone (Residential Apartment/Office) allows for densities that are not compatible with the surrounding developments when designed at the maximum allowable densities. The RA-2 Zone allows for densities of one unit per 1,500 square feet, or approximately 110 units maximum. However, intensive uses (such as multi -family) within the RA-2 Zone requires a conditional use permit, at which time the impacts of the development can be analyzed and mitigated through conditions of approval. Ultimately, strict adherence to density projections may lead to inadequate use of land. The project's density should be evaluated on its ability to provide city services and mitigate any impacts associated with the development of the property. The RA-2 Zone also provides for office - professional/governmental as a permitted use. These uses would not require a conditional use permit, thus no ability for there to be additional development conditions added. The applicant is not requesting office space, however, once annexed the ability for this property to develop as office is plausible if the multi -family project is not developed. Although there are no additional conditions that can be implemented for office space, there are commercial development standards for parking, screening, landscaping, setbacks and height that would mitigate some potential impacts of office development of the property. There would not be a public hearing process to identify specific mitigation measures to lessen the impact to neighboring properties other than the general standards provided for within the zoning ordinance. The standards provided have been adequate in most cases, as there are many instances within the city where office space abuts residential developments. Section 76-2-303(3)(a)(i) M.C.A., provides direction for how municipalities should address annexations and initial zoning. It specifically states that the proposed zoning should be comparable to the existing county zoning. The subject property is currently county R-4 Zoning, which is a single-family duplex zone that would accommodate up to 45 units on the property. County R-4 also does not provide for commercial office space. A more comparable zone would be the city R-4 Zone, or the city RA-1 Zone both of which allow a density of 55 units. In addition, neither of these zones provide for commercial office space. In this case, an RA-1 Zone (Residential Apartment) designation possibly could be considered as more appropriate. It still allows multi -family housing at a density of one unit/3,000 square feet (half the maximum allowable density of the RA-2 I Zone with a density of one unit / 1,500 square feet of lot area) but it does not allow office uses. The RA-1 Zone is also more comparable in overall density to the existing single family neighborhoods bordering the site. The adjacent neighborhoods within city limits to the west are zoned R-4 Zone which allows a similar density of one-unit/3,000 square feet, however it limits structure sizes to single family and duplex development. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? The requested RA-2 Zoning District does give consideration to the particular suitability of the property for multi -family. The subject property being developed as multi -family residential is located on the corner of Teal Drive and Airport Road, an improved arterial. Airport Road will continue to carry increased traffic. An RA-2 Zone can and does serve as a buffer between the more intense traffic flows of an arterial road and the single-family neighborhoods to the west. In addition, the site also serves as a buffer to the City municipal sewer plant to the north east. Finally, with the advent of the new elementary school, multi -family housing in this location will serve to be an asset to families with young children. 9. Does the requested zone give reasonable consideration to the character of the district? As mentioned previously, the general character of the area is mixed and in transition. The primary character of the area would be single-family residential with the Ashley Park Subdivision to the west. The area is also in transition as the bypass has been completed allowing for unobstructed north/south access along Airport Road. A new elementary school is proposed just south of the subject property which will spur increased development activity in the neighborhood. Additionally, multi -family residential located within the RA-2 Zone requires a conditional use permit. Appropriate conditions may be placed on the project to insure adequate mitigation is implemented to preserve the character of neighboring properties. 10. Will the requested zone avoid undue concentration of people? The RA-2 Zone allows for densities that are not compatible with the surrounding developments when designed at the maximum allowable densities. The RA-2 Zone allows for densities of one unit per 1,500 square feet, or approximately 110 units maximum. However, intensive uses (such as multi- family) within the RA-2 Zone requires a conditional use permit, at which time the impacts of the development can be analyzed and mitigated through conditions of approval. Additionally, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and 10 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. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the annexation will allow the current owner access to municipal services and fully develop this lot to an urban standard. The RA-2 Zone also gives due consideration of the suitability of this property for the uses in the zoning district, protecting the value of buildings on and adjacent the property. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The RA-2 Zone provides for multi -family development. Multi -family development should be encouraged in areas where services and facilities are available. In this case water and sewer lines are located within a short distance of the property and the proposal meets a present and future need for additional housing options. The RA-2 zone also gives due consideration of the suitability of this property for the uses in the zoning district. III. EVALUATION OF THE CONDITIONAL USE PERMIT This application has been reviewed in accordance with the conditional use permit review criteria in the Kalispell Zoning Ordinance (KMC 27.33.080). A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested: 1. Site Suitability: a. Adequate Useable Space: The subject property is 3.8 acres in size and relatively flat with some undulating topography. Although there is some undulating landscaping topography, the entire property is developable. b. Height, bulk and location of the building: There are three buildings ranging from 2-3 stories tall. The southwestern building is limited to 2 stories in height. The northern most building is comprised of 2-story and 3-story construction. The 2-story units are located along the west side with the 3-story portions being located on Teal Drive and Airport Road. There is one small portion of this building located along the west side (as it turn south) that is 3-story in height. It is recommended that this portion of the building be limited to 2-story, as it is in close proximity to the residences to the west and faces them. This recommendation would minimize the perceived bulk of the structure and also address privacy concerns of the neighboring residences to the west. The neighboring residences have expressed concerns that the 10' minimum setback coupled with 2 and 3-story multi -family structures of significant mass and scale with second and third floor decks will significantly degrade 11 neighborhood peace and privacy. The southeastern building is 3-story and located entirely along Airport Road. At its closest point, the buildings are 89' away from the rear property line of the residence to the west. This setback increases to 98' at the northwest corner of the site. The space located along the westerly property line (within the 89' setback) is reserved for landscaping and parking. The maximum height of the proposed 3-story apartment buildings is 38' tall, 2' shorter than the maximum height permitted by the RA-2 Zone. The 2-story buildings are approximately 30' tall. All of the buildings meet the required setback and lot coverage requirements of the RA-2 Zone, as the development provides approximately 50,000 square feet of open area on the subject property. Staff presented the existing site plan and elevation drawings to the Architectural Review Committee at their September 26, 2016, meeting. The committee was generally favorable of the development and was appreciative of the architecture, i.e. - design, colors, materials, etc. Originally, they had mentioned that the geometry of the site seemed off with a proposed 12-plex at the northwest end of the subject property, and 9 units at the center of the development seeming forced. However, since their last review the site has been redesigned, the project was reduced from 96 units to 82 units with the 12-plex being removed and the 9 units at the center of the development being resituated. C. Adequate Access: The subject property is adjacent to Airport Road, which is an improved arterial roadway, and Teal Drive an improved city street. Additionally, the intersection to the bypass is to the south providing efficient access to the entire city. The project has two access points, one off of Teal Drive and another off of Airport Road. d. Environmental Constraints: There are no known environmental constraints, such as steep slopes, streams, floodplains, or wetlands, on the property which could affect the proposed use. 2. Appropriate Design: a. Parking Scheme/Loading Areas: The development shall comply with the Off -Street Parking and Design Standards as set forth in Chapter 27.24 of the Kalispell Zoning Ordinance. For 82 units the zoning code requires 123 spaces and the applicant has provided 159, exceeding the minimum parking requirement by 36 parking spaces. b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Exterior lighting installed in conjunction with the development will be reviewed for compliance with the zoning ordinance during site development review. C. Traffic Circulation: A 24' wide two-way drive isle will provide access through the development and onto both Teal Drive and Airport Road providing adequate access and circulation. d. Open Space: The proposed development has approximately 50,000 square feet of area that will remain undeveloped. 12 e. Fencing/Screening/Landscaping: The site plan has provided adequate landscaping area in regards to parking, buffering, etc. Additionally, to ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be approved by the Parks Department prior to issuance of the building permit. Currently, the subject property does have an undulating landscaped berm approximately 9' tall that functions as a buffer between the residences to the west and Airport Road. The applicant has proposed a 6' tall landscaped berm along the westerly property line in order to replicate this feature (albeit closer to the residences). The landscaped berm is intended to buffer the development from the adjacent single-family residences where there is a proposed parking lot. As a practical matter the intent of the berm is to limit the noise, lights, smell, etc. associated with the vehicles parked (47 parking spaces) in such close proximity to the residences. As proposed, the landscaped berm is approximately 6' tall and 15' wide with an approximate 1:1 slope. This slope is not easily maintainable. Staff feels that a more adequate berm would be 6' tall and at a 3:1 slope. A 6' tall berm at a 3:1 slope would adequately obscure the development from the residences and maintain its ability to be maintained. If the berm were not properly maintained it would become an eyesore to the residences west of the development. A 6' berm at a 3:1 slope would significantly alter the site plan as it would require approximately 38' of landscaped area along the west boundary. As already mentioned, the proposed berm is only about 15' wide with the parking immediately adjacent. A 38' berm would encroach into the area where parking is currently proposed. The berm should also be landscaped with bushes, shrubs, trees, and grass to further obscure the proposed development. f. Signage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. At this point no signs are being proposed. 3. Availability of Public Services/Facilities: a. Sewer: Sewer service will be provided by the city. The developer will be required to pay the cost for the utility extension. b. Water: Water service will be provided by the city. The developer will be required to pay the cost for the utility extension. C. Storm Water Drainage: Storm water runoff from the site shall be managed and constructed per the City of Kalispell Construction and Design Guidelines. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. Prior to receiving a building permit the developer will need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. 13 Additionally, there is an existing storm water line locate along the westerly boundary of the subject property. The storm water line is currently located where the landscaped berm would be constructed. A berm cannot be located on top of the storm water due to maintenance reasons. Accordingly, staff has conditioned the project to require the applicant to provide for a 15' easement for the storm water line. The landscaped buffer would not start until the edge of the 15' easement, which allows for the city to maintain the existing line. If providing the easement is not an option, the storm water line could be relocated into another location. If the storm water line is relocated so as to not require the 15' easement, a minimum setback should be required between the neighboring properties to the west and the toe of the proposed slope. The setback should be of size to accommodate all the drainage coming off of the berm so the neighboring properties to the west are not flooded. d. Solid Waste: Solid waste pick-up will be provided by the city. e. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. There is adequate access to the property from the public road system and the buildings will be constructed to meet current building and fire code standards. Station 61 is 1.5 miles from the site and response time will be good. f. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. g. Streets: The primary street frontages are Teal Drive and Airport Road, both improved city streets capable of handling the traffic anticipated from the proposed development. h. Sidewalks: There are existing sidewalks along the entire property frontage of Teal Drive. The developer will need to install sidewalks along the entire property frontage of Airport Road in accordance with the City of Kalispell Construction and Design Guidelines. i. Schools: This site is within the boundaries of School District #5. An impact to the district may be anticipated from the proposed development depending on the demographics of the residents. On average forty one (41) students K-12 would be anticipated from 82 dwelling units. j. Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires approximately 41,000 square feet of recreational amenities for the development based on 500 square feet of land, or equivalent value in recreational amenity based on 82 units. There is approximately 50,335 square feet of undeveloped area, of which staff believes approximately 45,566 square feet can be considered a recreational amenity. In addition to the 45,556 square feet of recreational amenity area, the developer is proposing a communal gazebo area within the plaza with an approximate value of $20,000 (500 square feet gazebo at $40 square foot). The recreational area provided, in conjunction with a communal gazebo area valued at approximately $20,000 dollars, the recreational amenity requirement has been met. 14 4. Neighborhood impacts: a. Traffic: A traffic impact study for the development was completed by Abelin Traffic Services. The document studied the possible effects on the surrounding road system from the multi -family project. The study evaluated all of the intersections between 18th Street and the Kalispell Bypass, which included the intersections of 19th Street, Teal Drive, Merganser Drive, Cemetery Road and the Kalispell Bypass. The study projected that the apartments would generate 638 (based off of 96 units) daily trips in the area. Accordingly, the project will not create any additional roadway capacity problems within the area studied. All of the intersections within the area will continue to operate at a level of services (LOS) C or better with the additional traffic being counted. No roadway improvements or intersection modifications are necessary. Therefore, although there will be a change in the amount of traffic in the area, the traffic study has concluded that there are no significant traffic impacts and that the transportation system will continue to operate at a satisfactory level. b. Noise and Vibration: The development of the property as multi -family residential will create additional noise and vibration. Primarily the aforementioned will be generated from automobiles. The residents most impacted by the noise and vibration from the automobiles would be the residences immediately adjacent the development. The site plan shows 159 parking spaces of which approximately 47 are immediately adjacent to single-family residences to the west. The noise and vibration can be mitigated through the construction of a 6' tall landscaped berm built at 3:1 slope. This would provide adequate height to buffer the noise and provide a 38' buffer from the neighboring properties. C. Dust, Glare, and Heat: The use of the property as a multi -family residential would not generate any unreasonable dust, glare, and heat other than during construction. d. Smoke, Fumes, Gas, or Odors: The development of the property as multi- family residential will create additional smoke, fumes, gas and odors. Primarily the aforementioned will be generated from automobiles. The residents most impacted by the smoke, fumes, gas and odors from the automobiles would be the residences immediately adjacent the development. This issue can be mitigated through the development of the 6' tall landscaped buffer as mentioned previously. e. Hours of Operation: As the development if for residential there will be no hours of operation. 5. Consideration of historical use patterns and recent changes: The property was originally owned by the developer of the Ashley Park Subdivision to the west. The landscaping was put in place as an entry into the subdivision. The residents of the Ashley Park Subdivision have perceived the property was parkland, as it had been developed that way. Subdivision records 15 indicate that the subject property was never required to be parkland, even though it was developed that way. The developer paid a park -in -lieu fee as each phase of the Ashely Park Subdivision was developed; meeting the parkland requirement and leaving the property open for future development. The general character of the area is mixed and in transition. Although the land uses in the area is mixed, the primary character of the area would be single- family residential with the Ashley Park Subdivision to the west. The area is also in transition as the bypass has been completed allowing for unobstructed north/south access and a new elementary school is proposed just south of the subject property which will spur new development. 6. Effects on property values: The requested development could have negative impact on the immediately adjacent single-family residences to the west of the project site. However, those potential impacts can be mitigated through conditions of approval. The development itself will bring considerable value to the neighborhood and surrounding community that is in need of new development and additional housing options. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-16-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be RA-2 (Residential Apartment/Office). Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report KCU-16-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit, be approved subject to the conditions listed below: CONDITIONS OF APPROVAL General Conditions 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. That the development of the site shall be in substantial conformance with the submitted architectural and site plan drawings in regards to setbacks, landscaping, parking, recreational amenity and height. In particular, the building plans shall incorporate decks, roof pitch, colors and materials as shown on the architectural renderings submitted. 3. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a 16 building permit. 4. All buildings facing or abutting the western property line shall be a maximum of 2-story construction. 5. Future sanitary sewer connections east of the subject property are unlikely due to low-lying floodplains between Ashley Creek and Airport Road. Rather than extending the sanitary sewer main in Teal Drive to the far east property line as required in the City of Kalispell Design and Construction Standards, the development may opt to extend the sewer main west in Teal Drive far enough to provide future sewer service to lot 4C to the north of the subject property. If the development chooses this option to meet the intent of the City of Kalispell Design and Construction Standards, an appropriate easement for future sewer service shall also be provided through Entryway Landscape Area "A". 6. The existing water main south of the subject property shall be extended to connect with the existing water main in Teal Drive to form a looped connection. 7. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the City of Kalispell Construction and Design Standards. 8. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 9. Sidewalks curb and gutter shall be constructed per the City of Kalispell Construction and Design Standards within the right-of-way of Airport Road the length of the property. 10.A minimum 15' wide unobstructed utility easement shall be provided for the existing storm main and appurtenances running adjacent to the westerly property line. Vehicle access shall be provided to maintenance points on the existing storm system. The 15' easement shall be outside of the landscaped berm as provided for in condition number 14. 11.If the storm main along the westerly property boundary is relocated, it shall be constructed per the City of Kalispell Construction and Design Standards. 12. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 13. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be approved by the Parks Department prior to issuance of the building permit. 14. A 6' tall landscaped berm with a 3:1 slope shall be constructed along the entire westerly property boundary. The berm shall be landscaped with grass, trees bushes and shrubs to form a pleasing sight obscuring visual barrier. The plan shall be approved by the Parks Department. The toe of the berm shall be setback 17 a minimum distance from the westerly property line in order to provide for drainage swell/feature to address storm water runoff. 15.The applicant shall provide a minimum 4' tall fence along the westerly property line. 16. Prior to any work within the public right-of-way along Teal Drive, the property/owner will work with the Parks Superintendent to establish tree protection zones and file a permit for any tree removals with the Parks Department. 17. A minimum of 500 square feet of land per unit which has recreational value, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided. The landscaped berm and gazebo meet this requirement. IN KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING November 9, 2016 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were: Chad Graham, Steve Lorch, Doug Kauffinan, Christopher Yerkes, Rory Young & Ronalee Skees. Charles Pesola was absent. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Yerkes moved and Skees seconded a motion to approve the minutes of the October 11, 2016, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None KALISPELL CITY PLANNING A request from the Kalispell City Planning Department to rezone DEPARTMENT B-3 CORE 72 lots from B-2 (General Business) to B-3 (Core Area Business) AREA BUSINESS ZONING and 10 lots from B-4 (Central Business) to B-3 (Core Area Business). STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report KZC-16-03 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 16-03 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business) and B-4 (Central Business) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION Young asked if there have been any objections, stating he assumes there has been positive feedback. Nygren said there have been no objections at this point, at least from the property owners that have been notified to date. PUBLIC HEARING None. MOTION Kauffinan moved and Lorch seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 16-03 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business) and B-4 (Central Business) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION Graham mentioned it is really good to see this core area idea continue to move in this direction. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page I 1 THE LOFTS @ ASHLEY A request to annex a 3.79 acre parcel into the city and zone the ANNEXATION, INITIAL land RA-2 (Residential Apartment/Office) upon annexation. The ZONING AND CONDITIONAL property is located at 2050 Airport Road in south Kalispell. USE PERMIT A request for a conditional use permit for an 82 unit multi -family apartment complex within the RA-2 (Residential Apartment/Office) Zoning District. BOARD MEMBER STEPPED Board member Lorch stepped down from the discussion and vote DOWN on the Lofts @ Ashley due to a conflict of interest. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report KA-16-03 and KCU-16-05 for the board. Nygren noted there is some hesitation with the proposed zoning because it would allow approx. 29 units per acre and the growth policy land use designation is urban residential which is approx. 4- 12 dwelling units per acre. Nygren compared the density allowed in RA-1 zoning that was considered for this property, to the RA-2 zoning. Staff does support the RA-2 zoning based on the fact that multi -family can be conditioned. Nygren reviewed the changes to the site plan that reduced the units proposed from 96 to 82 units. Staff met with the neighborhood again regarding redesign and they still had concerns with the density. Based on those concerns some additional changes were recommended and have been incorporated into the conditions of approval. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-16-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be RA-2 (Residential Apartment/Office). Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report KCU-16-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit, be approved subject to the conditions listed in the Staff Report. BOARD DISCUSSION Yerkes asked Nygren to briefly go over the difference in density between the RA-1 and RA-2. Nygren explained RA-1 is one dwelling unit per 3,000 sq ft, which would be approx. 55 units whereas RA-2 is one dwelling unit per 1,500 sq ft which would be approx. 110 units on this property, both are zoned multi -family, however the RA-2 includes an office component. Graham asked if RA-1 is more compatible with the surrounding area, then why is that not the recommendation. Jentz said when we started with the project the applicant asked if multi -family would work there and we indicated that it is a place we could see multi - Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 12 family coming in with a design that works with the neighborhood. We didn't specifically talk about zoning designations but the density they were looking at was going to drive an RA-2 recommendation so we said we would work with them to see where it would go. Because of the conditional use permit (CUP) process we always felt that we could condition a project to be compatible with the neighborhood. As we went through the process it became apparent that the neighborhood had some concerns with the density. Jentz continued that the RA-1 may be more appropriate but that is a decision for the board. Graham then asked if the board were not to approve the request recommended in the report would the board amend the zoning or deny the request and then the applicant could submit an amended application? Nygren explained to change the zoning to RA-1 would considerably change the design of their project. They could submit an RA-1 planned unit development (PUD) at which point we could increase the density allowed by the RA-1 but not allow office space. Jentz went on to explain that the board has the ability to recommend the annexation RA-2 request be changed to an RA-1. At that point the applicant can determine if they want to go forward or not. Young noted the staff report is based on RA-2, so if we change the zoning, the staff report is no longer specific to that zone so it would have different findings of fact. PUBLIC HEARING Garth Schuscke, 2245 Canvasback Ct — stated they have tried to stay informed throughout this process. They had hoped to present a compromise tonight between the residents and the developer, Dr. Weber. They attempted to meet with him but were unsuccessful. At the informal meeting on the 251h there were approx. 20 residents there along with city staff. Schuscke reviewed the neighborhood recommendations, a copy of which is attached to the minutes. He added with these recommendations in mind they would ask the board to approve RA-lzoning for this property. He then presented the signatures collected from the neighbors to the planning board. Debra Arnold, 2133 Harlequin Ct — stated she has lived at this address for 12 years. She is an insurance auditor and inspector and has inspected a number of apartment complexes in her career. She indicated that there is a concern with the corrugated metal that has been used on other projects because when painted it could chip. She noted this complex would be built on what currently is a very large open area, and the proposal provides very little space for Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 13 children to play. She stated she would propose the RA-1 instead of the RA-2 and asked that considerable attention be paid to the quality of the design. She presented photographs of other projects to the board. Lorraine Reid, 705 Demarco Rd — stated she and her husband own the home at 2256 Canvasback Ct. She has reviewed the project and canvassed the neighborhood numerous times and everyone she has talked to is upset. They are hoping that the project will be mitigated in a way that the neighborhood could live with. She submitted photographs to the board. Mike Morgan, 265 W Front St, Missoula, stated that he is the architect representing the applicant. He began by thanking the board, staff and neighbors for all their help thus far and assured them they have listened closely and have made adjustments to their proposed design as a result. They feel this property is a perfect transitional location from single family to urban residential. Their goal is to meet the city's growth policy goals and create a better living environment for everybody. They have reviewed the current design of the proposal and are taking every measure to mitigate impacts. They have adequate parking so there is minimal parking on the street, good open space for people to gather outside and are preserving most of the landscaping. Graham asked if the metal siding was going to be used as more of an accent cover and Morgan said yes. Morgan added the metal is nothing like the metal used on the project in NW Kalispell. Mary Kate Smith, 2209 Teal Dr — expressed concern with the RA- 2 and future plans as far as commercial business. She does not feel it would be a good fit for the neighborhood. Gordon Parsons, 2347 Coot Ct — stated he is concerned with the potential loss of privacy of the existing residences with a 3 story building as opposed to a 2 story building. Gary Grace, 2002 Airport Rd — has lived on the north corner of Teal and Airport Rd for 43 years. He feels a 2 story building rather than a 3 story building, with some trees along the proposed berm, would help mitigate the view. Barb Gallagher, 2245 Canvasback Ct — stated she feels an 82 unit building would not be best for the integrity of the neighborhood and hopes that the developer will try to work with them on the density. Kimberly Milliron, 2312 Coot Ct — stated that they built their home in 2003. She feels a 2 story building instead of a 3 story building would provide more green space for children to play. Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 14 Phyllis Lucht, 2351 Coot Ct — stated she was a part of the Sweat Equity Program (Self Help) 13 years ago to help her get out of renting and into her own home. She bought this particular lot for the views of the mountains and now feels it's unfair that the views are going to be given to renters. Mike Morgan, representing applicant — stated what they are proposing is what the residences can count on. There will be no commercial use whatsoever. Their main concern is for the current needs as well as the future needs of the community; however the density must meet certain criteria in order for it to sustain itself and succeed. Garth Schuscke, 2245 Canvasback Court — stated he is concerned that this project is being forced upon the existing residences; they are not new homeowners buying property in a neighborhood where an apartment complex already exists and know what they are getting into. He feels that as existing residences they don't know what to expect if this project is approved. Valerie Stewart, 2194 Golden Eye Ct — stated that she is concerned with the density as well as the building being 3 stories as opposed to 2 stories and there not being enough open space. MOTION Skees moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA- 16-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be RA-2 (Residential Apartment/Office). BOARD DISCUSSION Graham stated he is concerned whether the RA-2 is the right fit, he feels an RA-1 is more suitable for the area and with a PUD attached it would give the developer more flexibility but would also decrease the density. Nygren agreed. Graham went on to say that it would resolve the concerns of any commercial use that is attached with an RA-2 as well. Young agreed that the RA-1 zoning would be appropriate, whether they choose to do a PUD or not. Nygren stated the board could then amend the motion to apply an RA-1 zone on the property based on public comment and give the applicant the option of applying for an RA-1 PUD. Young asked if the alternative was to deny the RA-2 and let the applicant decide how they would like to proceed. Jentz advised that yes that is an option and stated that an RA-1 would require that the CUP be tabled. Graham then asked the applicant if they were open to an RA-1 Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 15 zoning with this project. Dr. Weber said they would be, however it would require they go back to the drawing board and drastically change the design. MOTION -AMENDMENT Young moved and Kauffman seconded a motion to amend the zoning from RA-2 to RA-1. ROLL CALL - AMENDMENT The motion passed unanimously on a roll call vote. ROLL CALL ORIGINAL The original motion, as amended, passed unanimously on a roll MOTION call vote. MOTION TO TABLE THE Graham moved and Yerkes seconded a motion to table the CONDITIONAL USE PERMIT conditional use permit until the December 13, 2016 meeting. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Board member Lorch returned to his seat. OLD BUSINESS None. NEW BUSINESS Nygren mentioned the next meeting will include a subdivision in the Ashley Park area. He added it was previously Ashley Park phase 9, located on Pintail adjacent to the bypass. There will also be the annexation for the School District No. 5, located on Airport Road and a work session to discuss the next round of zone changes to the B-3 Core area zone. ADJOURNMENT The meeting was adjourned at approximately 7:30 p.m. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on Tuesday, December 13, 2016 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1" Avenue East. Chad Graham President APPROVED as submitted/amended / /2016 Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 16 Planning Department 201 ts` Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 ivww,kolisi2ell.com/plaiiiiiiiv, PETITION FOR ANNE'XATION AND INITIAL ZONING NAME OF APPLICANT: MAIL ADDRESS: f�.en CITY/STATE/ZIP:_ PHOt`rE: ® P TNTE REST IN PROPERTY: Other parties of Interest to he Notified: m 0 m C m 01 PARTIES OF INTEREST: d MAIL ADDRESS: 11e "f" CITY/STATE/ZTP: p V fi AA 1, T On 12.0 PHONE: L06 --A t-11h - q) 92 q TNT EREST 1N PROPERTY:, PLEASE COMPLETE THE FOLLOWING: Address of (fie property: Legal Description:"'" ��""r ��• �j� (Section, Township, Laud in project (ac): Current cstnnated market value :i( at 100% build out `- 7, ner (Lot and Block of Subdivision; Tract #) RE (Attach metes and bounds as Exhibit A) ,.L 11 at 50% build out r , 00 a Is there a Rural Fire Department RSID or Bond on this property Yes No - T If yes remaining balance is $ The present zoning of the above property is: U N 12, e -i t The proposed zoning of the above property is; - S, State the changed or changing conditions that make the proposed amendment necessary: 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, (A p :ear atef Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an ntent to have the property as herein described withdrawn from the 5��%I ��4E'3�pz Ural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell 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. Petitioner/Owner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this day of u before me, the undersigned, a of ry Public for the State of Montana, pe on lly appeared known to me to be the person whose name is subscri ed to the foregoing instrument an acknowledged to me that he/she executed the same. tt�SN h in thlsUAff1tlNal*MltNRbove aotaar�yf NOTARY PUBLICforthe State of Montana SEAL. Residing at Kalispell, Montana My Commission Expires rno�P� July 14, 2018 STATE OF MONTANA ) : ss County of Flathead County hereunto set in y Notary Seal the day and rritten. Notary Public, tate of Montana Printed Na � V� (U— Residing My Co ission expires: On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: ESTIMATED COST OF SERVICES ANALYSIS (100% Build Out Scenario) Project Name: Ashley Lofts, LLC - 2050 Airport Road Date 9/29/2016 Calculated By: Kalispell Planning Department Number of acres proposed to be annexed: Number of lots to be annexed: Total square footage of all the lots to be annexed: Estimated market value of property: 3.8 165,528 $7,000,000 1, COST OF SERVICES UNDEVELOPED ACRES DEVELOPED ACRES COSTIACRE TOTAL Fire FY16 budget $2,735,865 0 4 S 107.37 S 408-01 Police FYi6 budget $4,452,984 0 4 $ 173.33 $ 658.65 General Gov't Services (FY budget $5,387,859) 0 4 $ 167.50 $ 636.50 Subtotal $ 1,703.16 SERVICE NO, OF UNITS COST/UNIT TOTAL Roads Lineal feet of road to be maintained 0 $ 5.05 $ Water based on number of ERUs 12 $ 185.51 $ 2,226.12 Sewer based on number of ERUs 72 $ 168.51 $ 12,132,72 Wastewater Treatment based on number of ERUs 72 $ 227.38 $ 16,371.36 Stormwater (calculated at a impervious surface rate of 6 ERUs/Acre) 23 $ 67.87 $ 1,561.01 Subtotal $ 32,291.21 TOTAL ANTICIPATED COST OF SERVICE $ 33,994,37 2, ANTICIPATED CITY ASSESSMENT REVENUE GENERATED Total square foota a to be annexed: 165,528 Number of lots: 1 ASSESSMENT AVE SQ FT FY15116 ASSESSMENT TOTAL Storm sewer assessment Res. 5732 : 165,528 0.00999 $ 1,653,62 Street maintenance assessment Res. 5731 : 165.528 0.0223343 $ 1,171.07 Urban forest!y assessment capped $300 2er lot Res. 5729 : 165,528 0.00171 $ 283.05 Light maintenance assessment Res. 5733 : 165,528 0.00165 $ 273.12 Average water and sewer bill $ 750.00 $ 750.00 SUBTOTAL ANTICIPATED REVENUE FROM ASSESSMENTS PER LOT = $ 4,130.87 TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS FROM ALL LOTS = $ 4.130.87 3. TAX REVENUE Estimated market value of property: $ 7,000,000.00 NO. OF UNITS VALUE PER PROPERTY TOTAL Total assessed value: 1 $ 7,000,000.00 $ 7,000,000.00 TOTAL ASSESSMENT REAL ESTATE TAX TAXABLE VALUE Total taxable value: $ 7,000,000.00 0.02 $ 140,000.00 MILLS LEVIED TOTAL Tax revenue for all functions based on 781.1 mill levy): 0.7811 $ 109,354.00 TOTAL_ CITY TAX REVENUE (based on 205.6 mill levy) _ $28,784.00 4. lh PACTFEES UNIT QUANTITY COST PER UNIT Total ewer ImpactFee: ERU 72 $ 5,757.00 $414,504.00 Total ater ImpartFee: ERU 12 $ 12,835.00 $154,020.00 Total Storm ImpactFee: ERU 23 $ 1,121.00 $25,783.00 Total Police Impact Fee:(Res. 57 Per Unit 96 $ 31.00 $2,976.00 ,Total ire Impact Fee es. 7 5 : Per Unit 96 $ 367.00 $35,232.00 Total Project Impact Fee = 1 $632,515.00 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $32,914.87 6. ONETIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $632,515.00 7, NET REVENUE TO THE CITY PER YEAR (ITEM 5 - ITEM 1 } $1 07g 50 RECEIVED OCT z' to 2016 KALISPELL PI.AWNG DEPARTMENT Neighborhood Recommendations -Ashley Park Subdivision RE; "Lofts At Ashley" Development Plan November 9, 2016 Observations The residents of the Ashley Park Subdivision recognize that the City of Kalispell is one of the most rapidly growing cities in Montana. There is a great need for affordable, good quality, rental housing. The proposed building site for the "Lofts At Ashley" would be an excellent location for a low density, multi -family building zone ■ The proposed 82 unit, three story apartment complex with accompanying 159 automobile parking lots would detrimentally impact the neighborhood integrity of the Ashley Park Subdivision >12ecommendationa o Incorporation and zoning the 3.79 acre property RA-1: low density, multi family units, maximum 55 units. o Create a plan for a two story, 55 unit apartment complex 9 8 foot high, maintainable bean (landscaped with appropriate trees) on the entire western side of the property will provide an adequate buffer between the existing neighborhood residences and the new apartment buildings as well as car parking lots. Such a buffer will decrease the impact of vehicle and resident noise, apartment and car lighting. 4 foot chain link fence on the western property border will prohibit access to existing neighborhood property. Also a drainage ditch along the west border to prevent flooding of existing properties. To decrease the impact to existing property on the north border of the complex of Teal Drive and Airport Road the addition of conifer trees to maintain the privacy of those home owners. 9 To fit in with the integrity of the existing subdivision it is recommended to use stone for the exterior instead of the corrugated metal. As the stone will retain its tasteful appearance ror demades. Ashley Park Subdivision Recommendations: Page I 1" 6 OAW,---P� C)�--s co� VO &�e� i4m? 7 �- 'rim �'Lc ✓Ili UiJ pr'.s�Clr�✓IC1�rr:G 1 4 , 17 rez �;,��� ,.� :.,�Lc.�� c_�i �-E-7 YAj'�.c'7'"[� 4G' vC.` v���J �//J✓F,-�'Ji'P' ! _ � ��.� �L:.l_ .��.� �:.. /„iL•lr:�.l.� �i �r�."C 4�-i �"'�i��Cx'"�,:�.`�i� �^"-5LJ (�� �'l. ?�� G�il,� � � G(/ �.�` ��� G• � C-�L Z j�, � L a-� c: � `ice �r�-�'LCA �'; . ,. ,`, u �' * 1� '• J/�jlrG'Z J� � {/;LCrr��Jfja �-i� •�G�ls:,�+-r � %Fib r��l j ��� _�L.t%-Z�; 'a` �=� �� Lc'-C G`4 �— •�.�� (.� �f�!'ry� �/�L. ��, � LL•�f �-CC.�` (i1C-Gc '/�+,1I//1✓(/L1;�,,�.�,. Q..�7 �i%t�i`�i Lt, L WG`—c, V V S {Jf V / , ,�-/cfp� �.''(!�% .i1!-{`L•�Yl.(���-� ��-L�ifi%�'7K. G'` 'LC�3 G(..� l [`L � •+� �I I I � 1 JG' f � � �V� Coil ` 'i! �� Y�j1 +y G� �f4 �JIGrJ��yGL'{ 1 Michelle Anderson From: Jarod Nygren Sent: Wednesday, October 12, 2016 9:08 AM To: Michelle Anderson Subject: FW: From: Connie Gomez [mailto: ets luskalis II maii.com] Sent: Tuesday, October 11, 2016 5:13 PM To: Jarod Nygren Subject: Mr. Nygren: I want our neighborhood Integrity preserved! We want R-4 Zoning, the current zoning, to remain intact! ! 'Though we live a few streets down off Teal, we do NOT want a large complex down the street. Teal is the main access road for us, and we do not want congestion!! Turning onto Airport Road can be a challenge now. We hope you appreciate the fact that we want neighborhood integrity preserved! ! Thank you for your consideration! Sincerely, Dennis & Constance Gomez 2116 Merganser Drive Kalispell Pets Plus Pet & Home Sittin Serving the Flathead Valley 406.257.7155 "We stay when you're away!" Michelle Anderson From: Jarod Nygren Sent: Tuesday, October 11, 2016 4:57 PM To: Michelle Anderson Subject: FW: Ashley Lofts From: James Reid [mailto:iimreid0centuryteI.net] Sent: Tuesday, October 11, 2016 4:54 PM To: Jarod Nygren Subject: Ashley Lofts October 11, 2016 COMMENTS REGARDING THE LOFTS ATASHLEY LLC Jared, We will be at the planning work session tonight but I wanted to make comments that would take too much time at the meeting. We are two of the few property owners within 150 feet of the project who were first notified by your letter dated (I just noticed that there was no date on that letter). Our property at 2256 Canvasback Court is on the corner with Teal Drive that backs up against the proposed project. Our house is a rental, with the same lady living there for the past 13 years. We were gravely disappointed that the dentist who purchased the property gave no thought to the impact on the adjacent subdivision when he decided to plant his second high-rise complex on the lot we all know as "Ashley Park". I began talking to the other residents who were notified and found that they all were as alarmed as I was. They went to the media and articles appeared in the Daily Inter Lake and Beacon last week. One of the residents on Canvasback shared a flier that she had made up and distributed to some of her neighbors. I called Tim Gard who owns the house between ours and Glenn Wills and he was ready to fly in for tonight's meeting until he talked to Tom Jentz who told him it had been cancelled. I talked to Tim again yesterday and he said he would have flown in for this meeting but for the fact that Tom told him it was cancelled. Tim is not very happy about that. Last Sunday I made copies of the last letter we received from your office Dated October 41h, and the map of the project showing the 150 ft. area of notification, and started going door to door in the Ashley Park Subdivision. I started at the end of Teal Drive and worked my way toward Airport Rd. In 5 hours on Sunday and another 3 yesterday, I met a lot of very nice people. I told them that I was canvassing the neighborhood because i was a fellow homeowner and I was concerned that the majority of the residents had no information of what was going on. That turned out to be correct. They all expressed how much they loved their neighborhood and how dismayed they were to hear about the proposed project. A majority of them said they planned to send an e-mail to the planning office to voice their concerns about the negative impact this project will make on the place they call "home". I had time to visit only about a third of the residents and feel it is wrong for the city not to have notified all residents of the subdivision regarding a proposal of this size that would affect every one of them. Jim and i feel that the loss of view, privacy, property value, ability to sell, increase in noise level, not to mention vehicle congestion in the last block of Teal Drive where it intersects with Airport road will negatively change the integrity of the adjacent neighborhood irreversibly. Sincerely, Lorraine & Jim Reid Michelle Anderson From: Jarod Nygren Sent: Tuesday, October 11, 2016 3:08 PM To: Michelle Anderson Subject: FW: lofts at ashley From: lance robson[mailto:lanceeikrobson(ayahoo.com] Sent: Tuesday, October 11, 2016 2:27 PM To: Jarod Nygren Subject: lofts at ashley My name is Lance Robson and I live in Ashley Park subdivision as a home owner. I strongly oppose any change in zoning for this neighborhood 1 would like to keep it R4 zoning. Do not ruin my neighborhood Lance Robson 2148 Harlequin ct Kalispell Mt 5o901 Sent from Yahoo Mail on Android Michelle Anderson From: Jarod Nygren Sent: Tuesday, October 11, 2016 3:37 PM To: Michelle Anderson Subject: FW: I oppose The Lofts of Ashley rezoning and building project on airport road. From: Tim Gard [maiIto: comicvisions@gmall.corn Sent: Tuesday, October 11, 2016 3:15 PM To: Jarod Nygren Cc: jimreid@centurytel.net Subject: I oppose The Lofts of Ashley rezoning and building project on airport road. I oppose rezoning this area to allow this apartment complex. I would have attending the meeting today in person had I not been advised the meeting had been rescheduled to November. Approving a new zone rating would grossly negatively impact on the neighborhood. RA2 also allows office commercial space in a residential community. This property was purchased for development a year ago. However the notice to interested parties was only sent to adjoining properties a short time before the public hearing. As such I have not yet had adequate time to fully research all the hardships this training will cause. I'm unsure if the freedom of information laws apply to city, county, state but I would like to formally request copies of any correspondence between your office and the developers including telephone logs, email, faxes, texts and hard copy letters so that all interested parties can be fully aware of any existing discussions pro or con on this proposed project. 1. Any new structure this near to the airspace of an active existing small airport would have building height restrictions. Has the FAA been consulted and approved this proposal? 2. I'm requesting the results of your study that verifies that green space requirements for this entire area have been met prior to and if any structure are allowed with occupancy beyond a single family dwelling. 3. I read recently that a new school is going in just south of this proposed project. This area is already under traffic stress prior to the schools construction and this project would endanger public safety by adding so much residential density in such a small area. 4. This is an established single family dwelling community. This project unnecessarily will reduce the value of every property within 1 mile. Although it may appear superficially that this project would increase city coffers with new tax revenue, any such predicted profits will be offset as existing properties in the area are devalued due to this project. 5. Im in the process of finding out if airport road may meet or currently be a part of a scenic highway corridor and as such any apartment facility would diminish not enhance this status. Please deny this request and only approve single family dwellings, if anything at all, on this property Respectfully Tim Gard 2252 Canvasback court Kalispell, MT. 59901 Tim(tz�,timgard.com Www.timgard.com Michelle Anderson From: Jarod Nygren Sent: Tuesday, October 11, 2016 2:06 PM To: Michelle Anderson Subject: FW: From: Jan Tow [ma i Ito. ibt76(d outlook. corn I Sent: Tuesday, October 11, 2016 12:59 PM To: Jarod Nygren Subject: I was concerned to hear of the request for a 96 apartment development to be built against my subdivision. i just turned 90 and as an active driver(yes, and still a good one), the idea of the traffic congestion is a basic concern to me. Thank you, Jan Tow Michelle Anderson From: Jarod Nygren Sent: Tuesday, October 11, 2016 10:46 AM To: Michelle Anderson Subject: FW: Lofts at Ashley From: ctmanning@charter.net [maiIto: ctmanningacharter.net] Sent: Tuesday, October 11, 2016 10:43 AM To: Jarod Nygren Subject: Lofts at Ashley Hello - I'm writing to you in regards to the new apartment complex that is planned to be built at the corner of Airport Road and Teal Drive. I read about this in the paper just last week and have to say I was quite surprised and a bit upset over it. My family lives on Ruddy Duck Drive, I realize that it's a few blocks away from the proposed apartments but it will still have impact on our neighborhood. The Ashley subdivision is a mostly peaceful area with just duplexes and single family homes. A giant apartment complex will take away the small subdivision feeling. My husband and I would ask that it be R-4 zoning to preserve the neighborhood integrity. Thank you for your time, Trey & Christy Manning Michelle Anderson From: Scott Smith [scotttexsmith@yahoo.com] Sent: Monday, October 10, 2016 8:18 PM To: Jarod Nygren Subject: Lofts of Ashley To whom it may concern, I am sending this email in regards to the proposed building of apartments on Airport Road and Teal Drive, Lofts of Ashley. I and my family are completely against the building of these apartments for many reasons. I am originally from Atlanta, Georgia and I have seen first hand the problems that this type of housing brings in. The first problem is the traffic. With the school bond passing and the proposed building sight of a new school on Airport Road this would increase the amount of traffic on Airport Road significantly. Secondly with the increase of traffic comes the possibility of the increase of crime. I have seen it time and time again with apartments. The City of Kalispell already has issues with the number of police officers that are on duty and to add more to their plate would be reckless on the city's behalf. I have proudly called Kalispell home for the last twenty years but lately it is turning into another Missoula. I know you can't stop progress but you can build these types of buildings in an area that is more suitable. The families that live in the proposed being area are perfectly happy with the way things are and by allowing these apartments to be built would only add undue stress to those families. Kalispell is growing but at some point we have to say enough is enough. Also these apartments would take away the view of The Rockies that many of the families bought their house for. Now they will be forced to look at apartments instead of the mountains. The Flathead Valley was known for it's beauty and slow going pace but all of this being ruined by these kinds of buildings. If the builder had wanted to build homes, such as the existing ones in the area, that would be one thing but adding another grotesque apartment building is another story altogether. The area is currently zoned R-4 and it needs to stay that way. These apartments would significantly drop the property value in the area, as most people don't want to live near these types of buildings. For these reasons we are against the building of The Lofts of Ashley. Keep the Zoning R-4 and keep the property owners, who pay property tax, happy. Thank you for your time. Sincerely, Scott Smith Michelle Anderson From., Theodore Witzel [tpwitzel@gmail.com] Sent: Monday, October 10, 2016 9:27 PM To: Jarod Nygren Subject: Lofts at Ashley Park Sub Division We request the R-4 Zoning to remain to preserve neighborhood integrity. We are residents at 2232 Pintail Ct. Theodore and Patricia Witzel Michelle Anderson From: Kayla Fender [corasmom2212@gmail.com] Sent: Monday, October 10, 2016 5:22 PM To: Jarod Nygren Subject: Comments/concerns re: Lofts at Ashley J MJ Dear Jarod Nygren, It has recently come to our attention that a developer has purchased the Ashley Park property at the intersection of Airport Rd. and Teal Dr., and that said developer is proposing to build a 96-unit apartment complex with corresponding parking areas on that property. Our opinion regarding this venture is as follows: 1) Our primary preference is that the property be developed into a recreational area. As large as our development is, Begg Park (baseball fields and adjoining playground and basketball court) answers only partially for the needs of so many residents, and we have long felt the need for more space to be devoted to common use for leisure activities. 2) Our primary concern is that the apartment complex would be or become a low-income housing development, lowering the property values of current residents, and potentially the quality of the neighborhood as well. Even if the Lofts at Ashley is not intended by the developer to be low-income housing, the prospects of so many apartment units concentrated in such a limited area and the un- prestigious view of the waste water treatment plant across the street may alter expectations and, consequently, reality. 3) Finally, the concept of five 3-story apartment buildings and 177 parking spaces confined within the spacial limits of the Ashley Park property seems excessive, to say the least; literally overshadowing the adjoining neighborhood and with no provision made within the complex for the recreational needs of the apartment residents. All this being said, and in the event that a recreational park is out of the question, we respectfully but strongly urge that the City of Kalispell elect to uphold R-4 zoning with regard to the Ashley Park property, for the sake of preserving neighborhood integrity, as well as respecting the wishes and concerns of the community immediately affected by any development within their environs. Thank you for your time and attention. Yours respectfully, Bruce & Kayla Fender 2212 Ruddy Duck Dr. Kalispell Michelle Anderson From: Heather Snedigar [hsnedigar@hotmail.com] Sent: Monday, October 10, 2016 9:22 PM To: Jarod Nygren Subject: Lofts at Ashley Dear Jarod Nygren, I am writing to voice my concerns about the construction plans for the Lofts at Ashley off Airport Road. I am concerned about preserving the integrity of our neighborhood. I have lived in this neighborhood for three and a half years and feel that building five three story apartment buildings will degrade the neighborhood. I am very concerned that traffic will be greatly affected by adding the planned 96 apartments. These added apartments will considerably increase traffic on an already busy Airport Road. The zoning of the proposed property does not support a project of this magnitude. I agree that affordable housing is needed in the valley, but this is the wrong location. Thank you for listening. Sincerely, Heather Snedigar Resident of Ashley Park Subdivision Sept via the Sammib Galaxy S�3 6. an AT&T 4G f IT smartplione Michelle Anderson From: BARBARA SLAGHT [jb65slaght@msn.com] Sent: Monday, October 10, 2016 6:57 PM To: Jarod Nygren Please zone the Ashley lots R-4 to preserve neighborhood integriy. Michelle Anderson From: Britney Wheeler [bcdewheeler@gmail.com] Sent: Monday, October 10, 2016 9:19 PM To: Jarod Nygren Subject: Tuesday work session Hi Jarod! Please forward this email or bring it to work session as I am unable to be at the meeting in person. My name is Britney Wheeler and I live at 2138 Merganser Drive. I was just informed of the proposed apprtments and parking spaces that a developer wants to put at the entrace of our neighborhood off of Airport Road. While I understand that growth is inevitable, it makes me sad to think that someone wants to put 3 story complexes on this end of town. We have owned the house we live in for 9 years and have always enjoyed this more quiet part of town. It's actually kind of ironic that I just found out about this because on Monday I had to tell our realtor that we reconsidered putting our house on the market because you just can't beat this location right now. I am begging you all to consider keeping the zone R-4 so that such a huge monstrosity wouldn't be put right at the front of our dear little neighborhood. If apartments have to go in, then it would be amazing if they would be less in number and therefore less parking spaces. I hate to think of all those trees being leveled just for almost two parking spaces per unit. Besides the property, though, is all the children we have in our neighborhood. Our kids play outside with the neighbors all the time, and 96 homes being put right at the end of our street would up the traffic in a substantial way and that makes me nervous just thinking about it. Like I said, I understand that change happens but if if could be on the smaller scale, I believe we could continue to keep that friendly neighborhood vibe that we have all come to appreciate. Thank you for your time and good luck Britney Wheeler Michelle Anderson From: Laura Hawkins [theladyhawk@live.com] Sent: Monday, October 10, 2016 6:55 PM To: Jarod Nygren Subject: Lofts of Ashley, LLC Dear Mr. Nygren, We were very disappointed to hear that a large apartment complex may soon be under construction in our cozy little neighborhood. We chose this area, because it has a beautiful view of Lone Pine, and the Swan Mountain Range, while being close to town. While there seems to be more crime on the west side of town, because of the low income housing and apartments, we are thankful that our quiet little neighborhood has not been affected so far. It is comprised of single-family homes and duplexes, who value the appearance of their homes and safety of their surroundings, and even watch out for each other when out of town, etc. We are very concerned that a huge apartment complex will not only bring crime and heavy traffic, but also will lower the value of our home. Please do your very best to preserve the R-4 zoning in our Ashley Park Subdivision and neighborhood. Thank you for you kind consideration. Sincerely, Jeremy & Laura Hawkins 2220 Pintail Court Sent from my Verizon, Samsung Galaxy smartphone Michelle Anderson From: Mary Ryckman [maryryckman70@gmail.com] Sent: Monday, October 10, 2016 8:43 PM To: Jarod Nygren Subject: Lofts at Ashley Lcc Hello Mr. Nygren, I was totaly upset when I read the Daily Interlake and found out that what I always thought was a Park, is now going to have 5 apartment building, 3 stories tall. I can not believer that there is room for all that, and can not for the life of me believe what the traffic will be like on Airport road. If you can not keep it as a park Please consider an R-4 Zoning. This is the only way we will be able to "sort of keep the intrgity of our neighborhood. Please reconsider this plan. Mary Mary Ryckman 2207 Pintail Ct Kalispell, MT 59901 406-371-3030 Michelle Anderson From: Lynne Lippy [allredlynne39@gmail.com] Sent: Monday, October 10, 2016 6:40 PM To: Jarod Nygren Subject: Planning board mtg. Lofts at Ashley, LLC application We are residents of the Ashley Park area. We just heard about the purposed building of 96 apartments by Airport RD. We oppose this being done for these reasons. 1. need to keep the area a R-4 Zone. 2. build one level duplexes or one level condos for seniors. 3. building 96 apartments will only cause more traffic and danger on that area. Airport road can't handle that many cars going to and from work. Causing troubles on getting on the road. With the school being built out here is already causing more traffic than the road can handle. That is why we don't need more. Seniors need a nice place to live and they don't travel out as much as other citizens would if there was an apartment bldg. like being purposed. 4. if this person wants to build apartments purpose they be built on the land on Cemetery Rd. behind the gas station. 5. We are against the purposed plan. From: Lynne and John Lippy Ashley Park Residents Michelle Anderson From: Barb Montana [montana.babs@gmail.com] Sent: Monday, October 10, 2016 8:30 PM To: Jarod Nygren Subject: Proposed apartment buildings at Lofts at Ashley Good morning Mr. Nygren, I would like to see the land that has been purchased for the purpose of building 96 apartments and a very large parking area (Lofts at Ashley) be zoned as an R-4 Zone, the same as the rest of the Ashley Park Division. I live on Pintail Court. I love this area of town and I treasure it's quiet, safe community. I think it is fine to build more homes/condos/single family houses and smaller apartment buildings but to bring in such large buildings will not only spoil many people's views of the beautiful mountains but bring in the after-effects of such large apartment building complexes, i.e. congested roads, noise, and crime. We need to preserve the integrity of this neighborhood. Please consider my request when you sit down with the planning board. Thank you. Sincerely, Barbara Hart 2211 Pintail Court Kalispell, MT 59901 Michelle Anderson From: mont1120@bullittmail.com Sent: Monday, October 10, 2016 6:13 PM To: Jarod Nygren Subject: Lofts at Ashley Objection lack and Leslie Spillman 2159 Ruddy Duck Ave Kalispell, MT59901 October 10, 2016 Re: Lofts at Ashley Planning Board Application It would appear the meeting set for October 11th, 2016 has been cancelled in lieu of a proposed "work session" in order for the LLC to "informally" propose the disastrous apartment building proposal located at Teal and Airport Road in the Ashley Subdivision. I am certainly unsure why this tactic is being employed, nonetheless, myself and my wife Leslie place our most strenuous objections to the City of Kalispell's Planning Board allowing any variance permitting a 96 unit apartment complex on this property. I have talked to several homeowners in the Ashley Subdivision, and I have found ZERO support for this project. Every single person I have spoken to does not want this project to receive the variance needed to proceed. The construction of this project will destroy the nature and integrity of this quiet and well maintained area that has flourished in the city of many years. This subdivision is home to working class citizens such as firefighters, construction workers, Sheriff Deputies, plumbers, woodworkers, roofers, 911 dispatchers, and a host of other tax payers who have worked incredibly hard to preserve their small piece of the American dream, owning a home. Now, a year old LLC has decided to buy a small parcel of property and build a monstrous apartment complex which will destroy the value and nature of the neighborhood. Allowing this zoning variance of a conditional use permit would be a slap in the face of voters who passed a tax to build a new school in the Airport Road area. Voters rose to meet the need in the County to do so, and to now add a tax, while at the same time drastically lowering home values would be incredibly damaging to the City for any future requests from its citizens. We are requesting the City enforce the R-4 zoning regulations as is in place now. Let the Lofts of Ashley LLC build duplexes or houses that are affordable to the working woman and man of this area, thus keeping the neighborhood intact. The cities map of Airport Road reveals huge tracts of open land that could be used for multi family dwellings. That the proposed builders want to shoe horn in a massive 3 story human warehouse is a poor use of a tiny tract of land located in an R-4 zone. If zoning is subject to change anytime a builders wants it done, why bother with zoning at all? Respectfully; Jack and Leslie Spillman i Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 3:22 PM To: Michelle Anderson Subject: FW: October 11, 2016 Planning Board - Lofts at Ashley, LLC application requests From: Gordon Parsons[maiIto: urgent. parsons(agmail.com] Sent: Monday, October 10, 2016 2:16 PM To: Jarod Nygren Subject: October 11, 2016 Planning Board - Lofts at Ashley, LLC application requests I currently own a house that backs up to the proposed development. This high density housing project is incompatible with all the houses and duplex townhouses that currently exist in Ashley Park development. It should not be approved! A development of this nature will result in a total lack of privacy, cause a serious devaluation of the homes backing up to this proposed development, and probably render them unsaleable in the future. To propose such a development at this time when Ashley Park is probably 99 percent built out is unconscionable and a disservice to all who own homes in Ashley Park. When the Ashley Park residents purchased their homes, we were told this area would remain a park by the developer and builder. I would never have purchased a home in this area had a large apartment development been disclosed or proposed. I realize the owner's circumstances may have necessitated his selling of the property, but how many Planning Board members would want this type of development at the entrance to their subdivision? I urge you to do what is right for 99 percent of the homeowners who have invested in their futures by purchasing their homes in a normal R-4 residential development and disapprove this application request. Gordon Parsons 756-1265 P0BOX 2510 KALISPELL MT 59903-2510 Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 11:21 AM To: Michelle Anderson Subject: FW: Lofts at Ashley Creek From: Tim Carter[mailto:tim@chuckolsonrealestate _com] Sent: Monday, October 10, 2016 11:02 AM To: Jarod Nygren Subject: Lofts at Ashley Creek The proposed development will have an adverse affect on property values and the integrity of the surrounding neighborhood. I would urge the zoning for this property if annexed to be the same as Ashley Park Subdivision R-4 Warmest Regards Tim Carter 2124 Harlequin Ct Kalispell, MT. 59901 Cell: 406-253-9164 Fax: 406-752-8894 Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 11:22 AM To: Michelle Anderson Subject: FW: Proposed apartment development at Airport Rd. and Teal Dr. From: Tim Bochman [mailto�timbochmanCdgmail.com] Sent: Monday, October 10, 2016 11:03 AM To: Jarod Nygren Subject: Proposed apartment development at Airport Rd. and Teal Dr. Dear Mr Nygren, I am writing you to express my concern about the proposed 100 unit apartment development being considered for the plot of land at the corner of Airport Rd. and Teal Dr. As a member of the neighborhood affected by this proposed development (My family and I live at 1974 Teal Dr) I do not feel that such a high density development is in the best interest of our neighborhood. Please direct the developer to pursue an alternate project for this parcel of land that conforms with the same zoning as the rest of the neighborhood and preserves the family friendly atmosphere of our neighborhood. Thanks for your consideration and support. -Tim Tim. Bochman 1974 Teal Dr. Kalispell, MT Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 1:09 PM To: Michelle Anderson Subject: FW: apartment complex From: Marie[mailto:cmwbellavitaC@montanasky.netl Sent: Monday, October 10, 2016 12:28 PM To: Jarod Nygren Subject: apartment complex I am not able to attend meeting about the plans to build a large apartment building and parking on corner of Teal Dr.and Airport Rd. I am extremely concerned about the plans as I live a few blocks back from the area on Eider Dr. Teal Drive is already used as a freeway as cars speed through it for a short cut to wherever they are going. It gets lots of fast traffic and we would be subject to more if a large apt building goes in on that corner. An apt complex that size does not belong in a neighborhood that is mostly single family homes. Also I feel that all the area should be notified when this is happening as it affects all of us. Piease have consideration for us as home owners. Mrs. Marie G. Williams 2100 Eider Dr. Kalispell, Mt. 59901 4aunsti, This email has been checked for viruses by Avast antivirus software. 7 fe rf*g www.avast.com Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 1:10 PM To: Michelle Anderson Subject: FW: Lofts at Ashley From: Keith Valentine[maiIto: keith.valentine@mannmortga eg coml Sent: Monday, October 10, 2016 12:12 PM To: ]arod Nygren Subject: Lofts at Ashley Good afternoon, I am unable to attend the work session, but wish to voice my concern. I am a home owner on Harlequin Court and wish to preserve the integrity of the neighborhood with ONLY R4 zoning. I do not wish to have a large apartment complex within our neighborhood, especially on land that was supposed to be a park for all to enjoy, as I understand it, as a part of such a large subdivision being approved originally. Keith Valentine Loan Officer NMLS #405843 Mann Mortgage #2550 Cell: 406-253-0464 Office: 406-204-3653 Fax: 406-751-6282 AA& Mann Mortgage Apply online at: httpsl_/_keithvalentine.mannmortgage.com/ 1-h;_s e-ncill is ar31e1itvJ LI I';r Eia,'trornc C mn'=_:ni rt; ` 5 F'r : a=.y Act 16 L.I S (- Sec 2510-":'1, anti may r;c!�tz in r]ata that , ronf;de.nti�l, pr m' e:-, y 'I n3rn- F: th'ic persc! tial r;#tu!r;:+tion. as tl!ril tr:rn: ! dru,r;=� i! if Et !drr;r;-I ea: } _F_,;fey Act !crii«:',Ii,'t l f, �nfi_ entia[ fnfr,rrz2,+,iari. The r�.nditionCtl up°�'Gri your, Lf:at yeti �.�li !r=pit t crn[ide^t!al#y and i11 <act.nrd-irce -,- ith .sp{.i„-.al�ie laLv. ensure th,a? su_,;� data lsr't used or disGiosed �Yucg), for Me fnnited Rurp;use fa= ,hir•h it's beirig prc-vir''tf a,u: r:)II notify and Gcope , to v i}t! Ls J ea' U .a!,AhOc: erf d,, :;,sure ar ij 8 of a;y a rde ; rai Ir:forr,tiali:;n. By ar of l:ng and a.'v!eVVln tl'e Co;rfider;:al inf,rnat crt Yc:u :gran k indemnify us aca!r;sE antr hisses Or expans:ns i,ic?-od[! d "era t118i y��a [:lily it"'�i' +S a re51!IL Gf -illy n!','a !h 0!';'C-,! us ; or di�!,'iG; .+1"? ._,+;I'E�,". �.;2w3 due tO YGLF 3G15 nr ;JiiliSsl6!;3 1. a. p f-. ,ther Ilion; Lho r- [pi-- ,&;dves this e--mad he. or She f3 - qunstMd Ll.-, I,mFIT II•y nottf , us of the delivery and ; eiuro !G r;ti all do+a ryo dgli�-erF<d Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 10:16 AM To: Michelle Anderson Subject: FW: Ashley Neighborhood Concern From: deputygriz [maiIto: deputygriz(ftahoo.corn Sent: Monday, October 10, 2016 9:30 AM To: Jarod Nygren Subject: Ashley Neighborhood Concern Jarod, My family and I are residents who live at 2132 Harlequin Court in the Ashley Park subdivision. I also previously lived on Salem Street for over 3 years, so I am very familiar with this neighborhood. One of the many draws to living in this neighborhood is the "family neighborhood" feel. We wanted a neighborhood where our family felt safe for our kids to ride their bikes and hang out with other neighborhood kids. We have greatly enjoyed this area. I recently heard that someone had purchased the large lot on the corner of Airport Road & Teal Drive, and I was hoping someone was going to put in a park, similar to the one across from the Lakers field. When I heard that there were plans being drawn up for a large apartment complex, my heart sank. One big reason we chose this neighborhood for our children was that all of the homes were single-family or townhomes. To hear that someone wants to change that neighborhood landscape with an apartment complex is very disheartening. I was born and raised in the Flathead Valley, and I love to call this place home. I always wanted to raise my children in the valley, and wanted a nice family neighborhood for my children to grow up in. I feel that building a large apartment complex would greatly take away from the neighborhood that has taken years to build. I fully understand that population is ever-increasing in the valley, and housing is at a shortage. With that being said, I don't believe building a bunch of apartments, especially a three-story multi -unit building in a single- family neighborhood, is the answer. I love that the City Council has begun building apartments up near the bypass by Glacier HS, and in undeveloped areas it makes sense. But to build an apartment complex in a single- family neighborhood makes no sense and ruins the years of development to make this neighborhood what it has become. I am asking the Planning Board to reconsider changing the zoning in this neighborhood to allow someone to build something that doesn't belong in this neighborhood. If they want to develop homes and townhouses, I am all for it. Just please don't allow them to change the entire landscape of this great family neighborhood. Thank you for your time and consideration. Sincerely, Josh Buls & Family 2132 Harlequin Court 406-459-0337 Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 10:17 AM To: Michelle Anderson Subject: FW: Housing From: Ellie Bissell [rmailto:thebiss5@yahoo.com] Sent: Monday, October 10, 2016 9:36 AM To: Jarod Nygren Subject; Housing I am Ellie Bissell , and very concerned about the building plan for Airport Road. With the amount of traffic the school will have,buses and parents taking and picking up there students and expected traffic from the plan building, and many people using the Teal road, where in the world are the new lights for traffic control going to be, and I would like to know if this is a listed LOW COST housing units, many things, also no need for 3 story units. please have the R-4 zone rule come into effect, I drive past the area every day and know it was not kept up as a park but this many house units is not good for the road area, and speed on the road. Thank you for bringing this to attention. Mrs. James Bissell' Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 8:19 AM To: Michelle Anderson Subject: FW: Lofts at Ashley, LLC application request For PB From: Greg Griffin [mailto: riffin,mbi mail.com] Sent: Monday, October 10, 2016 6:51 AM To: Jarod Nygren Subject: Re: Lofts at Ashley, LLC application request Jarod, As a current resident and previous developer and builder, I would like to add my comments to the consideration for the zoning change of Lofts at Ashley. In the past, and in another state, I was a home builder working in partnership with my friend who developed land. I'm familiar with the rezoning processes and the right of people to pursue the rezoning of land for their profit. For the land that I developed in the past, in a different state, we choose a piece of land that was zoned for farming, adjacent to an R-4 on two sides, a main road on the third and farm on the 4th. We then sought R-4 zoning to keep the area, neighborhood and streets in a common theme. There were no objections and we added to the city's plan, the neighboring property values, and the neighbors' desire. In the case of the Lofts at Ashley, I realize the difficulty in splitting the difference between the appearance of Airport Rd being commercial or other zoning and the Ashley Park neighborhood. I also realize that in the back of the mind of the Planning Board is that someone has paid money to purchase land with the intent of making profit. They have already invested more money in developing plans. I would propose, that their investment in the land was a known risk. They had no guarantee and hoped to make a lot of money, but they do this over and over. Some they win and some they lose_ For this particular case, I do believe that the board should STRONGLY consider the recent developments of the school that will be built on Airport Rd. with the recent passing of the bond. This will eventually reduce the speed limit of Airport Rd as an abundance of children from Ashley Park will be walking across the road to school and the speed limit only I/4 of a mile away is 25mph. If the road were to continue at a residential speed, this property in question becomes more desirable for R-4. The speed limit will change the perceived enviromnent of the road as well. You will be setting precedence with your decision that the school will be surrounded by apartments or homes. A mix use zoning in this area sets up for more apartment to be built, because of their strong profitability as opposed to the environment that people move to this area to enjoy --residential. Adjacent to Ashley Park to the south is more property that will be well suited for R-4 and most likely be developed sooner with the passing of the school. Once again, does this area of Kalispell become known for the abundance of apartments. The context of the school and the adjoining R-4 properties makes this property in question prime for additional R-4 zoning and not bring down the property values of homes in the Ashley Park development. I do believe that not only adjacent properties will be negatively affected, but all properties will negatively affected as the entrance to our neighborhood will take an inner-city, low-income feel. Imagine all of the other newer residential developments throughout Kalispell and the valley. How many of them have apartments spanning their entrance? Adding to the congestion of their entrances. Adding non -residence foot -traffic with dogs eliminating on our lawns. It is your job to plan into the future for what this area will look like, not just this property. I would strongly request the Planning Board to close their eyes and imagine this area growing with more and more home surrounding the school and not filled with apartments. Which would you like surrounding your schools. There is a place for apartments to be expanded. I realize the need for balance in housing. I would propose that plan for Kalispell not be to mix zoning in this area but increase the already established R-4 that is growing here. I do believe that an approval of this rezoning would not show good future vision or planning. Please reject this request. If had the money today, I would invest and develop for R-4 in that property right now. Respectfully Submitted Greg Griffin 2216 Ruddy Duck Dr. 406-260-5190 Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 8:19 AM To: Michelle Anderson Subject: FW: Lofts at Ashley For PB From: Deborah Daub [mailto:deb.daub@hotmail.com] Sent: Sunday, October 09, 2016 11:11 PM To: Jarod Nygren Subject: Lofts at Ashley To Jared Nygren: As a home owner/resident of Ashley Park I am requesting that the R-4 Zoning be maintained to preserve neighborhood integrity. Thank you, Deborah Daub 2134 Teal Drive Kalispell, MT 59901 Michelle Anderson From: Jarod Nygren Sent: Monday, October 10, 2016 8:20 AM To: Michelle Anderson Subject: FW: Ashley Creek Apartment Complex For PB From: Rory Brown[maiIto: gozaraozarian@gmail.com] Sent: Sunday, October 09, 2016 8:26 PM To: Jarod Nygren Subject: Ashley Creek Apartment Complex Hello, This weekend I was made aware of a plan to develop an apartment complex in the Ashley Creek subdivision. I believe this is something the whole subdivision should be able to weigh in on, but only a few residents were made aware. This complex is too large for this area. The zoning for this should be reduced in order to force a smaller complex, or perhaps block it all together. The effect on the neighborhood would have a negative i npact due to the number of residents in such a small area, including traffic, and statistically would bring higher crime rates. I feel that I would need to sell my house in order to keep the same quality of neighborhood if this is built. If this area was maintained and had park equipment in it, it would be used by the kids in this subdivision. Please keep this in mind as this goes forward and thank you for your time.