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H2. Reso 5811 - Stillwater Bend GPAPLANNING FOR THE FUrURE REPORT TO: Doug Russell, City Managers_ FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KGPA-17-01 — Stillwater Bend resolution of intention to adopt, adopt with revisions, or reject the proposed growth policy amendment MEETING DATE: May 1, 2017 BACKGROUND: A request from Spartan Holdings, LLC for a growth policy map amendment on 56 acres of land currently within Flathead County. The 56-acre site is designated as "Suburban Residential" on the Kalispell Growth Policy Map. Spartan Holdings is requesting the 56-acre site be designated "Urban Mixed Use" on the Kalispell Growth Policy Map. The request is one part of a multi -application process that also includes an annexation and initial zoning application, and PUD placeholder overlay zone application for the entire 56-acre property. Section 76-1-604, M.C.A. requires that the council adopt a resolution of intention to adopt, adopt with revisions or reject the proposed growth policy amendment, prior to making a decision on the application request. At the subsequent Kalispell City Council meeting on May 151h, the Council will hold the public hearing and take public comment on the proposed amendment. The Kalispell Planning Board held a duly noticed public hearing April 11, 2017, to consider the growth policy amendment request. Staff presented staff report KGPA-17-01 providing details of the proposal and evaluation. Staff reported that the proposed growth policy map amendment was consistent with the goals and policies of the Kalispell Growth Policy 2020 Plan, and that the applicant has met the burden of proof requirements for the requested growth policy amendment. During the public comment portion of the hearing the applicant spoke in favor of the request. There being no further testimony, a motion was presented to adopt staff report KGPA-17-01 as findings of fact and recommend to the Kalispell City Council that the growth policy map amendment be approved. Board discussion concluded that the growth policy amendment was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 5811, a resolution setting a public hearing date of May 15, 2017. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 5811 April 11, 2017, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Resolution No. KGPA-17-01 signed by the Kalispell Planning Board President c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 5811 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT A RECOMMENDED AMENDMENT TO THE KALISPELL GROWTH POLICY 2020 TO AMEND THE DESIGNATION OF 56 ACRES OF LAND LOCATED AT 2890 HIGHWAY 93 NORTH IN FLATHEAD COUNTY, MONTANA AND TO CALL FOR A PUBLIC HEARING. WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003; and WHEREAS, Spartan Holdings, LLC formally requested a growth policy amendment on approximately 56 acres at 2890 Highway 93 North in Flathead County; and WHEREAS, the Kalispell Growth Policy 2020 currently designates this property as Suburban Residential and the petitioners are requesting an amendment to change this designation to Urban Mixed Use; and WHEREAS, the Planning Board has determined that it would be appropriate to amend the Growth Policy by changing the land use designation on the 56 acre site from Suburban Residential to Urban Mixed Use; and WHEREAS, the area to be included is described generally as bound by the Stillwater River on the west and south, U.S. 93 North on the east and Northern Pines Golf Course and Falkor Defense on the north; and WHEREAS, on April 11, 2017, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and reviewed Kalispell Planning Department report #KGPA-17-01, which evaluated the proposal based upon the goals and objectives of the Growth Policy, the purpose of zoning and current circumstances in the planning jurisdiction; and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report #KGPA-17-01, as the findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, the City Council of the City of Kalispell considers it advisable that they consider the proposed Growth Policy Amendment and the recommendations of the Kalispell City Planning Board, and adopt a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell intends to consider a proposed amendment to the Kalispell Growth Policy 2020, and a recommendation by the Kalispell City Planning Board to grant said amendment, consisting of amending the designation of Suburban Residential to Urban Mixed Use on that 56 acres of land located at 2890 Highway 93 North, Flathead County. SECTION 2. The City Council will hold a public hearing on the proposed growth policy amendment on May 15, 2017, at 7:00 p.m. in the City Hall Council Chambers located at 201 First Avenue East, Kalispell. SECTION 3. At the regular meeting of June 5, 2017, the City Council will consider Resolutions to Adopt, Revise, or Reject said proposed amendment. SECTION 4. The City Clerk is authorized and directed to give notice of said meeting in accordance with Section 7-1-4127, MCA. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 1 ST DAY OF MAY, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk NOTICE OF PUBLIC HEARING Notice is hereby given that the Kalispell City Council is considering an amendment to the Kalispell Growth Policy 2020 to change the land use designation from Suburban Residential to Urban Mixed Use on 56 acres of land at 2890 Highway 93 North. The Kalispell City Planning Board has considered the amendment, held a public hearing on April 11, 2017, and presented Resolution KGPA-17-01 to the Kalispell City Council recommending adoption of the amendment. The Kalispell City Council, on May 1, 2017, passed a Resolution of Intention to Adopt, Revise, or Reject a Recommended Amendment to the Kalispell Growth Policy 2020. On May 15, 2017, at 7:00 pm in the City Hall Council Chambers, 201 First Avenue East, Kalispell, the Kalispell City Council will hold a public hearing regarding the proposed amendment to the Kalispell Growth Policy 2020. The proposed amendment can be viewed on the city's website at www.kalispell.com/mayor/agenda.eftn or in the office of the City Clerk at 201 First Avenue East, Kalispell. Any person wishing to address the proposed amendment may appear at this hearing and make oral statements or present same in writing. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to cityclerk(a kalispell.com prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. Aimee Brunckhorst, CMC City Clerk Publish: May 7, 2017 May 14, 2017 STILLWATER BEND REQEST FOR ANNEXATION AND INITIAL ZONING OF B-2 AND RA-2 STAFF REPORT #KA-17-01 REQUEST FOR PUD PLACEHOLDER STAFF REPORT #KPUD-17-01 REQUEST FOR GROWTH POLICY AMENDMENT STAFF REPORT #KGPA-17-01 KALISPELL PLANNING DEPARTMENT March 30, 2017 This is a report for the Kalispell City Planning Board and the Kalispell City Council regarding a request from Spartan Holdings, LLC. Spartan Holdings, LLC is requesting permission to annex approximately 56 acres into the city with an initial zoning of RA-2 (Residential Apartment/Office) and B-2 (General Business). Upon annexation the applicant is also requesting a Planned Unit Development (PUD) Placeholder and Growth Policy Map amendment. The subject property is located at 2890 Highway 93 North, generally bound by the Stillwater River on the west and south, U.S. 93 North on the east and Northern Pines Golf Course and Falkor Defense on the north. The property can be described as Assessor's Tracts IF and 3A in Section 25, Township 29N, Range 22W, P.M.M., Flathead County, Montana and Assessor's Tract 2B in Section 24, Township 29N, Range 22W, P.M.M., Flathead County, Montana. This is a multi -application process and the applicant has submitted the following applications: • Annexation and Initial Zoning - The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The applicant is requesting that the zoning for the property be a PUD Placeholder with the underlying zones being B-2 and RA-2. The subject property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. • Planned Unit Development Placeholder Overlay Zone - Spartan Holdings has requested a PUD placeholder per Section 27.19.020(2)(b) of the Kalispell Zoning Ordinance. A PUD Placeholder Overlay Zone designation notes the applicant's intent to develop a PUD on the property and enter into a development agreement with the city, binding the property to a future PUD application but not providing any application materials or development plan nor receiving any entitlements other than a commitment between the city and the applicant that when development is to proceed it is done via the PUD process. • Growth Policy Map Amendment - Spartan Holdings has applied for a Growth Policy Map Amendment for the 56 acres of property. The 56 -acre site is designated as "Suburban Residential" on the Kalispell Growth Policy Map. Spartan Holdings is requesting the 56-acre site be designated "Urban Mixed Use" on the Kalispell Growth Policy Map to better align with the proposed zoning of B-2 and RA-2. A public hearing has been scheduled before the planning board for April 11, 2017 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. A. Petitioner and Owners: Spartan Holdings, LLC 341 West Second Street, Ste. 1 San Bernardino, CA 92401 Agent: WGM Group, Inc. 151 Business Center Loop, Ste. A Kalispell, MT 59901 B. Location and Legal Description of Property: The 56-acre subject property is located at 2890 Highway 93 North, generally bound by the Stillwater River on the west and south, U.S. 93 North on the east and Northern Pines Golf Course and Falkor Defense on the north. The property can be described as Assessor's Tracts 1F and 3A in Section 25, Township 29N, Range 22W, P.M.M., Flathead County, Montana and Assessor's Tract 2B in Section 24, Township 29N, Range 22W, P.M.M., Flathead County, Montana. C. Size: The subject property encompasses approximately 56 acres. D. Existing zoning: The properties are currently in Flathead County jurisdiction with SAG-10, Suburban Agriculture Zoning. The SAG-10 Zoning District is intended to provide and preserve agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate -type residential development. E. Proposed Zoning: The B-2, General Business, zoning designation is proposed on 19 acres located on the eastern portion of the 56-acre project site along Highway 93. The B-2 Zoning District provides for a variety of sales and service establishments to serve both the residents of the area and the traveling public. The district depends on the proximity to major street and arterials and should be located in business corridors or islands. This zoning district would typically be found in areas designated as Commercial and Urban Mixed use on the Kalispell Growth Policy Future Land Use Map. The RA-2, Residential Apartment/Office, zoning designation is proposed on the remaining 37 acres located on the western and southwestern portions of the 56-acre project site. The RA-2 Zoning District provides 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. The zoning would 2 typically be found in areas designated as Urban Mixed Use, High Density Residential and Commercial on the Kalispell Growth Policy Future Land Use Map. The Planned Unit Development (PUD) placeholder is also proposed to be placed over the entire 56-acre project site in conjunction with the B-2 and RA-2 Zoning Districts. The intent of the PUD placeholder is to allow the developer to enter into a development agreement with the city, binding the property to a future PUD application. The PUD placeholder does not require the developer to provide any application materials or development plans and the developer does not receive any entitlements other than a commitment between the city and the developer that if development is to proceed it will be done via the PUD process. Prior to development of the individual properties, the developer would submit for review and approval a full PUD application as required by the zoning ordinance. F. Existing Land Use: The entire 56 acres of land is undeveloped farmlands. G. Adjacent Land Uses: North: One single-family residence, Northern Pines Golf Course and Falkor Defense/ Sonju West: Stillwater River, vacant land and one single-family residence South: Stillwater River and church East: Highway 93, Kalispell North Town Center Subdivision, MDT maintenance yard and Armory. H. Adjacent Zoning: North: County SAG-10 West: County SAG-10 South: County SAG-10 and County SAG-5 East: City B-2/PUD and P-1 I. General Land Use Character: The area proposed for development can be described as a mix of uses. The general land use character of the Highway 93 North corridor though this area is single-family, commercial and light industrial uses intermittently placed along Highway 93. Moving west and east from the highway oriented businesses are larger undeveloped tracts or rural residential tracts of land that area suitable for future development, provided the necessary infrastructure is in place. J. Availability of Public Services and Extension of Services: Existing city infrastructure in this area includes city water and sewer lines within Highway 93. These lines were oversized when put in place by Silverbrook Estates to serve future developments that would occur on tracts of land at the north end of Kalispell. The west side interceptor, when completed, will provide additional sewer capacities for development on the north end of town. A new traffic signal is also being installed at the intersection of Rose Crossing and Highway 93 as part of the Kalispell North Town Center Development. The signal is located at 3 the northeast corner of the subject property. The signal will allow development within the subject property to enter onto Highway 93 at a safe, signalized intersection while at the same to providing a further extension of Rose Crossing to the west towards the Stillwater River. I. EVALUATION OF THE GROWTH POLICY AMENDMENT The developer is requesting a growth policy amendment for approximately 56 acres to be changed from Suburban Residential to Urban Mixed Use. No specific criteria have been outlined to address amendments to the growth policy, but amendments generally follow public interest criteria. Elements of those criteria are basic to most comprehensive land use plans, which are a common tool in most communities. In this case the Growth Policy 2020 is used to provide a general and comprehensive outline of community goals and expectations about where and how the subject property should develop. The following criteria for evaluation will be established as follows: • changes in circumstances that warrant the amendment; • growth management; • land use; • economy; • environmental considerations; • community and recreational facilities; and • Infrastructure and public services. The proposed plan amendment will be considered in the context of the current Kalispell Growth Policy 2020 as well as current and future development trends for the area. Has there been a change of circumstances under which the proposed plan amendment is being made that warrants its consideration? The growth policy for Kalispell was adopted in February of 2003 which has been a useful tool in providing guidance to the community, developers, decision makers and staff when anticipating growth trends and expansion of the city limits. However, infrastructure improvements and development patterns in the area have changed in the following ways: 1. City water and sewer mains have been installed in the US 93N R/W adjacent to the site as part of the Silverbrook Development thus allowing this site immediate access to city water and sewer services. 2. The Kalispell North Town Center has broken ground immediately east of this site. This 480-acre site will accommodate, as its first phase, a 12 lot commercial development. 3. Rose Crossing is being extended from Whitefish Stage westerly to US Highway 93 immediately adjacent to the north property boundary of this site as part of the Kalispell North Town Center development. 4. A new signalized intersection will be constructed at Rose Crossing -US 93 intersection in the summer/fall of 2017 as part of the Kalispell North Town 4 Center development. This will allow the subject property to have a controlled access onto US 93. 5. The west side sewer interceptor is planned to be constructed by the city of Kalispell in 2018. This interceptor will be part of a multi -phased project that will greatly increase sewer capacity for projects (including this site) in north Kalispell. The changes occurring in this immediate neighborhood coupled with the changes and improvements to the transportation system which will allow convenient access to this site create a changed and improved environment for Urban Mixed Use. The infrastructure projects in the area were not in place when the growth policy and accompanying map were adopted. The neighboring Planned Unit Developments to the north and east of the proposed amendment area, in tandem with the extension of the infrastructure projects in this neighborhood support the requested amendment. The intersection of Rose Crossing and Highway 93 will develop into a major intersection that will accommodate the type of development anticipated to occur in an area designated as Urban Mixed Use very similar to the Kalispell North Town Center to the east. Does the proposed plan amendment further the overall goals and objectives of the growth policy when considering the specific elements of the plan? Growth Management: 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. The changes to the Kalispell Growth Policy Future Land Use Map from Suburban Residential to Urban Mixed Use can be supported by the following goals and policies contained in the Kalispell Growth Policy: Chapter 3 - Housing, Goal 1 of the Kalispell Growth Policy states, "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 requested land use change of Urban Mixed Use to the 56-acre project site provides a potential mix of housing types to meet the needs of present and future residents. The specific type and design of the future housing in these areas will be determined during a future PUD application request, at which time a master plan will be developed on the lands to implement the corresponding land use designation. Chapter 3 - Housing, Policy 1 l.b of the Kalispell Growth Policy states that "small high - density residential districts are encouraged to be dispersed throughout the urban area. These districts should be located predominantly near schools, employment and service centers, and urban arterials." 5 The proposed location of the Urban Mixed Use land use designation could accommodate a mixture of high density residential and commercial uses. The site is 56 acres and given the natural boundaries, the site has the ability to develop as a "community within a community." The Urban Mixed Use land use designation will also be an extension of existing Urban Mixed Use land use at the Kalispell North Town center, where a new school location is being considered and large employment and service centers have been planned. The development would be located along Rose Crossing, which is designated an arterial road. As development proceeds, Rose Crossing would be extended to the Stillwater River at the west boundary. Rose Crossing will already be extended with the development of Kalispell North Town Center from Highway 93 to Whitefish Stage Road. The Urban Mixed Use land being proposed is in close proximity to Glacier High School, where access is provided via the Kalispell Bypass and Highway 93. Land Use: The location of the requested growth policy amendment is currently used for agriculture. Future conversion of this area from rural agriculture and low density residential land use to Urban Mixed Use is unavoidable with the changing landscape. General goals and polices of the growth policy encourage the orderly development in the growth policy area with space for future expansion while ensuring compatibility of adjacent land use. The requested growth policy amendment would change the existing Suburban Residential land use categories to allow for a combination of commercial and high density residential. This land use designation change is a reasonable request due to the PUD's located to the east and north and completion of infrastructure projects including; signalization of Rose Crossing, Rose Crossing improvements, water and sewer service lines and the west side interceptor. All of the infrastructure improvements have dramatically changed the landscape of the area. Given the natural boundaries, the site has the ability to develop as a "community within a community," limiting its impact on surrounding land uses. Surrounding land uses consist of the Stillwater River at the west and south, Falkor/ Sanju and golf course to the north and Highway 93 to the east. The proposed land use designation of Urban Mixed Use will allow the flexibility needed in order to properly integrate with and buffer the adjacent land uses. Economy: Chapter 6 - The Economy, GOAL #6 of the Kalispell Growth Policy states that, new business and industry should be encouraged to locate in areas where sound infrastructure can be provided. The types of business locating within an Urban Mixed Use land use category would provide employment to the community. Also, any potential commercial business and residents of a high density residential development would benefit from the new signal which will provide easy access into the city. Amending the growth policy land use designation on the site to Urban Mixed Use would allow compatible residential and commercial development at an area rapidly transitioning into a major urban intersection. Environmental Considerations: The subject property is located directly adjacent the Stillwater River. The Stillwater River is mapped by FEMA as a "Zone A" floodplain. Zone A floodplains are approximate boundaries, so at the time of development a base flood elevation study will need to be conducted. The Kalispell Subdivision Regulation 0 require a 200' setback from the Stillwater River. The required setback provides mitigation to potential impacts of water quality, natural habitat, safety concern related to steep slopes and flooding, as well as providing for passive recreation. Any future subdivision of the site will require an environmental study of the site, at which time environmental impacts associated with the development can be considered more appropriately and mitigated if necessary. Community and Recreational Facilities: This amendment is a long range planning tool that seeks to plan appropriately the transitioning area. At the time a Planned Unit Development application is submitted, recreational facilities would be analyzed in accordance with the applicable city regulations. The site itself lends itself well to superior recreational facilities, as the 200' setback area along the Stillwater River could be used for some recreational uses and also a highway buffer located along Highway 93, as with other PUD developments at the north end of town. Infrastructure and Public Services: Planning for a viable mix of commercial services in areas of adequate infrastructure is another goal of the Kalispell Growth Policy. Goals 1 and 2 of Chapter 4 - Business and Industry, address the importance of new commercial services. Goal 1 of Chapter 3 - Housing, addresses the importance of providing an adequate supply and mix of housing. To achieve these goals, Policies, 7.a., b., c., d., e. and f. establish the location scale and role of Urban Mixed Use areas. The requested growth policy amendment complies with these policies and is consistent with the pattern and scale of other Urban Mixed Use areas shown on the Kalispell Growth Policy Future Land Use Map. The requested amendment also complies with Recommendation #4 of Chapter 4 - Business and Industry, by centrally locating commercial services around a rapidly developing intersection. The Transportation Plan anticipates that Rose Crossing will be extended westerly across this property with a future bridge spanning the Stillwater Bridge. This needed piece of infrastructure would serve to degrade the long term use of the property for suburban agriculture while it would be an asset, via improved transportation access to an Urban Mixed Use Development designation. II. 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: 1. Implement a comprehensive, effective growth management program that recognizes and upholds the general welfare of the community as well as individual rights. 7 2. New urban and suburban development occurs in areas where public water and sewer are available. 3. Provide adequate areas for growth and expansion with regard to amount, timing and location. 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 east and can be readily extended by the applicant to serve the site when the property undergoes development. The site is currently protected by the West Valley 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 approximately 1 1/2 miles of fire station 62 and is readily serviceable by the city fire, police and ambulance services all of which now respond to the neighborhood of Silverbrook to the north. Given the level of existing services available to and in place, annexation of the property will not overburden the municipal services in place. 3. Distance from current city limits: The project site is adjacent city limits at its eastern boundary (Kalispell North Town Center), 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 0 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. As the property is vacant and the property has not been designed it is not possible to calculate the impact fees and cost of services for the site. The total cost of services is estimated to be $0 at this time since there is no development. Based on the city's taxation and assessment policies, the property will generate approximately $33,946.62 in total annual revenue to the city ($13,331.92 in taxes and $20,614.70 in assessments). Based on this analysis, the annexation will be net gain to the city of approximately $33,946.62. There are also three (3) outstanding bonds on the property for West Valley Fire District. Upon annexation the city is required by state law to pay the mill levy for the bonds until the bond is paid off. The mill levy for the bonds on this property come out to approximately $56.00 per year and the payoff is 8/ 15/2025 (Total payment toward bonds approximately $504.00). III. EVALUATION OF PROPOSED INITIAL ZONING BASED ON STATUTORY C:RiTF.RiA This report evaluates the appropriate assignment of a city zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The property owner has petitioned for annexation and initial zoning classification of B-2 and RA-2 with a PUD overlay. The statutory basis for reviewing a change in zoning is set forth by 76-2-303, Montana Code Annotated (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. 1. Does the requested zone comply with the Kalispell Growth Policy? Currently, the proposed zoning of B-2 and RA-2 do not comply with the Kalispell Growth Policy Future Land Use Map, which designates the subject property as Suburban Residential. As outlined above, the applicants have requested that the Growth Policy Future Land Use Map be changed to Urban Mixed Use on the property. The B-2 Zoning District and RA-2 Zoning District are appropriate zones for the Urban Mixed Use land use category and would be in compliance if the Growth Policy Map is concurrently amended. The proposed B-2 (General Business) Zoning District permits a variety of office, commercial and residential uses that are compatible with the Urban Mixed Use designation. The B-2 Zoning District depends on the proximity to major streets and arterials. Designating the eastern half of the project site B-2 allows future development to incorporate vehicle access directly onto Highway 93 at the new signal that will be located at the northeast corner of the subject property. Rose 9 crossing, an arterial road will also be extended through the property at time of development. The following goals of the Kalispell Growth Policy support the request to zone the eastern portion of the project site to B-2 upon annexation: Chapter 4 - Business and Industry, Goal 2, new commercial development should occur in areas where public water and sewer are available. Chapter 4 - Land Use, Business and Industry, Goal 6, provide adequate areas within the community for commercial and industrial expansion and development. The following policies within Chapter 4 - Business and Industry (Urban Mixed - Use areas), of the Kalispell Growth Policy support the request to zone the western portion of the subject property to RA-2 upon annexation: Expand the depth of the urban highway commercial areas as mixed -use corridors, in order to provide an alternative to continued linear commercial development, concentrate more intensive uses along traffic arterials, improve business district circulation and transportation efficiency areas, by secondary street access, provide flexibility for larger development sites, and expand small business opportunities. Within these corridor areas, provide for higher -intensity, mixed -use areas roughly two blocks on both sides of urban highways. As distance from the highway increases, create a gradual transition into the residential neighborhoods by encouraging multi family, office and other compatible uses as a transition tool with sensitivity to compatible design. Support for a cohesive design for lots zoned commercial and residential is included in the following chapters of the growth policy: Chapter 4 - Business and Industry, Goal 5, large scale retail should be encouraged to develop in an architecturally compatible way and with integrated design rather than an isolated development. Highway 93 North Growth Policy Amendment, Goal 1, gateway entrances to Kalispell that enhance the community through improved design. Prior to development of the property the developer would submit for review and approval a full PUD application as required by the zoning ordinance. Once a full PUD application is submitted to the city compliance with the design goals listed above will be evaluated. In addition to zoning the 56 acres B-2 and RA-2 upon annexation the developer is also requesting the Planned Unit Development (PUD) placeholder be included in the zoning. All of the land requesting annexation is unimproved and there is the potential for one or more of the tracts of land to be sold and developed separately. This can become a problem if future street and utility connectivity 10 is lost due to poor design. The PUD placeholder will allow the developer to enter into a development agreement with the city, binding the property to a future PUD application. The PUD placeholder will be beneficial to both the current or future developers and the city as it would take into account the development of each individual or combination of tracts of land with surrounding lots and uses. This broader view of the area will help to ensure there will be a cohesive design of future streets, sidewalks, storm water, building location and design and parking on the properties. In conclusion, the proposed B-2 and RA-2 Zoning Districts with a PUD overlay are compatible with the Urban Mixed Use land use category. The requested zoning districts are also consistent with the above stated goals and policies of the Kalispell Growth Policy. 2. Is the requested zone designed to lessen congestion in the streets? The uses allowed under the proposed B-2 and RA-2 Zones will generate more traffic than those allowed under the existing SAG-10 county zoning. This is because the proposed B-2 and RA-2 zoning include high density residential development in addition to commercial. A new traffic signal is being installed at the intersection of Rose Crossing and Highway 93 as part of the Kalispell North Town Center Development. The signal is located at the northeast corner of the subject property. The signal will allow developments within the subject property to enter onto Highway 93 at a safe, signalized intersection while at the same to providing a further extension of Rose Crossing to the west towards the Stillwater River. By placing the PUD placeholder over the property the city council will have the authority to review and require alternative transportation routes and mitigation, thus assuring that both of these features (traffic light and Rose Crossing extension) are accommodated. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available or would be constructed in conjunction with future development of the site in the case of an emergency. Any new construction will be required to be in compliance with the building safety codes of the city which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service would be available to the property. 4. Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those which would be consistent with the city's growth policy map and provide a place for new residential and commercial uses to locate within city limits. Additionally, by placing the PUD placeholder over the property the city council will have the authority to review any development of the site where its impacts to health and general welfare can be evaluated more specifically. 11 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on the properties are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. Additionally, by placing the PUD placeholder over the property the city council will have the authority to review any development of the site where its impacts to light and air can be addressed more specifically. 6. Will the requested zone prevent the overcrowding of land? The potential development associated with the property would be limited by both the development standards associated with the B-2 and RA-2 Zoning Districts that relate to lot coverage and the types of uses permitted under the zoning. The PUD placeholder will ensure that the uses and layout of properties included in the annexation will not cause an overcrowding of land. Commercial and residential development in this area is appropriate because of its location and the availability of urban services. The PUD placeholder will also allow site specific review of development compatibility next to Highway 93 and Stillwater River. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards will avoid the undue concentration of people if the properties are further developed. In addition, the PUD process will help mitigate any impacts associated with the development. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities will be provided to the properties prior to construction, and development is encouraged in the Kalispell Growth Policy 2020 where these services are available. Utility connections and transportation corridors would be addressed when development is proposed on the property through the PUD process. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? All of the property is fairly level with the 56-acre projects western and southern boundaries adjacent the Stillwater River. The RA-2 zoning is proposed along the Stillwater River corridor. Although the RA-2 Zoning District permits residential development and conditionally permits multi -family housing, the PUD overlay and future subdivision of the site will require setbacks to the river mitigating potential impacts of water quality, natural habitat and safety concerns related to steep slopes and flooding. The proposed B-2 Zoning District would permit uses consistent with the surrounding land uses already established along the Highway 93 corridor. The proposed zoning districts can therefore be found to give due consideration of the suitability of this property for the permitted uses in the district. 12 Given the natural boundaries, the site has the ability to develop as a "community within a community," limiting its impact on surrounding land uses. Surrounding land uses consist of the Stillwater River at the west and south, Falkor/ Sanju and golf course to the north and Highway 93 to the east. The proposed zoning districts with a PUD overlay will allow the flexibility needed in order to properly integrate with and buffer the adjacent land uses. 10. Does the requested zone give reasonable consideration to the character of the district? The character of this area, once primarily large single family lots and agricultural operations, continues to change. This can be attributed to infrastructure upgrades occurring and having been installed in the area. The B-2 and RA-2 zoning designations with a PUD placeholder over the entire 56-acre project site would be appropriate for the site given the existing land uses along the highway and proximity to new infrastructure being installed that will accommodate urban growth. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the B-2 and RA-2 zoning will promote compatible and like uses on the project site which can be found on other properties in the area. The PUD provisions will allow specific site design and mitigation measures to insure compatibility measures can be incorporated into the design. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Commercial and residential development should be encouraged in areas where services and facilities are available to support these types of uses permitted or conditionally permitted under the B-2 and RA-2 Zoning Districts. The proposed zoning with a PUD overlay is appropriate given the changes that are occurring in the vicinity. When development occurs, subsequent PUD review will help to enhance one of Kalispell's most used gateway entrance corridors, while providing for both commercial and residential urban development. I. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-17-01 and recommend that the growth policy land use designation for the entire 56-acre site be "Urban Mixed Use" on the Kalispell Growth Policy Future Land Use Map. II. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-17-01 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 B-2 (General Business) on 19 acres and RA-2 (Residential Apartment/Office) on 36.9 acres. 13 III. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPUD-17-01 as findings of fact and recommend to the Kalispell City Council that a PUD Placeholder for the entire 56-acre site be approved subject to the condition listed below: CONDITIONS: 1. A development agreement with the city shall be drafted, binding the property to a future PUD application on the entire 56 acres but not providing any application materials or development plan, nor receiving any entitlements other than a commitment between the city and the applicant that when development is to proceed it will be done via the PUD process. 2. The 56-acre placeholder PUD shall be developed as an overall entity utilizing the full PUD process. Should the property owner sell or transfer any individual tracts/parcels of land within the 56-acre Placeholder PUD prior to the approval of an overall PUD for the site, all new and existing owners shall be required to jointly develop the PUD for the entire site sharing in the costs and conditions of development as are appropriate to ensure a comprehensive development plan. 3. Interim use in a PUD Placeholder prior to development of the full PUD is allowed based on the criteria below: a. All proposed uses and activities of the land and existing structures must comply with the underlying zone. b. An administrative conditional use permit would be required to document and approve the interim use or activity. c. Only the following activities are allowed: 1. Remodeling/repair/removal of existing structures or buildings; 2. Parking of vehicles and equipment for storage as long as the purpose is not meant for display from a public right-of-way; 3. Fencing and lighting; and 4. Earth work, site leveling and drainage work. d. The following new uses and activities are not allowed without the full PUD application process: 1. Freestanding signs; 2. Additional access points onto a public road system; 3. Expansion of existing structures by more than 10%; and 4. New structures or building development beyond what is otherwise specifically allowed under this section. e. Interim use of the property as described above does not relieve the owner from compliance with overall PUD requirements at the time additional development beyond the scope of interim development occurs. 14 RESOLUTION NO. KGPA-17-01 AN AMENDMENT TO THE CITY OF KALISPELL GROWTH POLICY 2020 A RESOLUTION RECOMMENDING ADOPTION OF AN AMENDMENT TO THE KALISPELL CITY GROWTH POLICY 2020 ADOPTED FEBRUARY 18, 2003 TO BE KNOWN AS THE STILLWATER BEND MAP AMENDMENT WHEREAS, the current Kalispell Growth Policy 2020 was adopted by the Kalispell City Council on February 18, 2003 with Resolution No. 4773; and WHEREAS, since that time there has been significant infrastructure changes in the area with the Kalispell North Town Center development, a new traffic signal at Rose Crossing, Rose Crossing extension from US Hwy 93 to Whitefish Stage, new sewer and water lines adjacent the property, and West Side Interceptor in the vicinity of the amendment area; and WHEREAS, Neal Bouma owns the subject property and has given permission to submit applications on his behalf to Spartan Holdings, LLC where the map amendment is being requested; and WHEREAS, Spartan Holdings, LLC is requesting the subject property have the land use designation changed from Suburban Residential to Urban Mixed Use to better accommodate urban development in proximity to the new infrastructure improvements and planned neighboring developments; and WHEREAS, the plan amendment is consistent with surrounding development and the goals and policies of the City of Kalispell Growth Policy 2020; and WHEREAS, the Kalispell City Planning Board held a public hearing on April 11, 2017 at 6:00 PM in the Kalispell Council Chambers after due notice to the public and received comments upon the proposal and evaluated the proposed plan amendment in accordance with the goals and policies of the Kalispell City Growth Policy 2020; and WHEREAS, the City of Kalispell Planning Board did adopt staff report KGPA-17-01 as findings of fact; and WHEREAS, the adoption of this resolution would effectively amend the Kalispell Growth Policy 2020 Map to reflect 56 acres of the subject properties being changed to the Urban Mixed Use land use category; and NOW THEREFORE BE IT RESOLVED, that the Kalispell City Planning Board recommends to the Kalispell City Council, Exhibit A — Stillwater Bend Growth Policy Future Land Use Map Amendment, be adopted as an amendment to the Kalispell Growth Policy 2020. April 11, 2017 President \_—/ Kalispell City Planning Board NCity of Kalispell Mailing List -Stillwater Bend, Feb21st 2017 =Subject Property 150ft. Mailing List ROUNDUP LN'"x '�} l_� 1 Ik � JOSSIE LN A NOB HILL LOOP �I r 'Q I E %I N`iL 1NAY Q e 'ug- l• 1 .,. ;L��wl .� 11" � �/�YY� �tl`c ,$' 11 < Ity"Y _ ,�.. A� "i'7"� Date: Feb 21st, 2017 Kalispell� Plannin9 De t o seo 3o FilePath:l\2017\jarod\02212017 Feet0 MON7i NA JEJ L 'y �AfL4 " PI anning Surveying Engineering Design R L February 6, 2017 Mr. Jarod Nygren - Senior Planner City of Kalispell Planning and Building Dept. 201 1 st Avenue East Kalispell, MT 59801 J G-D, RECEIVED FFR 0 f 9D17 KALISPELL PLANNING DEPARTMENT RE: Applications for Growth Policy Amendment, Petition for Annexation and Initial Zoning and PUD Placeholder. Dear Mr. Nygren: WGM Group, Inc. is pleased to submit the enclosed package of applications on behalf of Spartan Holdings, LLC: 1. Application for Growth Policy Amendment (GPA). 2. Petition for Annexation and Initial Zoning. 3. Application for Planned Unit Development (PUD) Spartan Holdings, LLC and WGM Group, Inc. are submitting the enclosed package for 55.9 acres of property on the west side of U.S. Highway 93 approximately one mile north of Reserve Drive. This application packet is being submitted to allow for development of the property with a unique, fully -buffered mixed -use development. Enclosed you will also find a letter from the current landowner, Neal Bouma, allowing Spartan Holdings, LLC and WGM Group, Inc. to submit applications on his behalf. Please feel free to call me if I may be of any additional assistance. Sincerely, WGM Group, Inc. ;r — ____ BJ Grieve, AICP, CFM Senior Planner BSG: Encl. KALISPELL OFFICE 151 BUSINESS CENTER LOOP, STE A • KALISPELL, MT 59901 TEL: 406.756.4848 • FAX: 406:756-4849 WWW.WGMGROUP.COM MISSOULA OFFICE 1111 E. BROADWAY • MISSOULA, MT 59802 TEL: 406.728.4611 • FAX: 406:728-2476 Kpa ITOI Prue. t+mPs Planning Department 201 1st Avenue East Kalispell, MT 59901 RECEIVE® Phone: (406) 758-7940 Fax: (406) 758-7739 �Fg 2�� www.kalisell.com/lDlanninLYFF9 ll. com / planning APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) PROJECT NAME Stillwater Bend 1. NAME OF APPLICANT: -Spartan Holdings, LLC 2. MAIL ADDRESS: 341 West Second St. Suite 1 KALISPELL PLANNING DEPARTMENT 3. CITY/STATE/ZIP: San Bernardino, CA PHONE: (909) 381-0868 NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT: 4. NAME: Neal BOuma 5. MAIL ADDRESS: 116 Highway 220 6. CITY/STATE/ZIP: Choteau, MT 59422 PHONE: 7. TECHNICAL ASSISTANCE: WGM Group, Inc. 8. MAIL ADDRESS: 151 Business Center Loop, Suite A 9. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406 756-4848 If there are others who should be notified during the review process, please list those. Check One: Initial PUD proposal Amendment to an existing PUD X Request for PUD Placcholder, per 27.19.020(2)(b) of the City of Kalispell Zoning Ordinance, A. Property Address. 2890 Highway 93 North, Kalispell, MT 59901 B. Total Area of Property: Approximately 55.9 acres C. Legal description including section, township & range: Please see attached narrative. D. The present zoning of the above property is: Flathead County SAG-10 WVO 1 E. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the goals and objectives for the development of the project. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. C. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those uses be mitigated. i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Total acreage and present zoning classifications; (2). Zoning classification of all adjoining properties; (3). Density in dwelling units per gross acre; (4). Location, size height and number of stories for buildings and uses proposed for buildings; (5). Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; 2 (6). Vehicle, emergency and pedestrian access, traffic circulation and control; (7). Location, size, height, color and materials of signs; (8). Location and height of fencing and/or screening; (9). Location and type of landscaping; (10). Location and type of open space and common areas; (11). Proposed maintenance of common areas and open space; (12). Property boundary locations and setback lines (13). Special design standards, materials and / or colors; (14). Proposed schedule of completions and phasing of the development, if applicable; (15) . Covenants, conditions and restrictions; (16) . Any other information that may be deemed relevant and appropriate to allow for adequate review. If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of the subdivision regulations. Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the approved plan. The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during review process. (Applicant Signature) 3 Orhwlw- / (Date) APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS: A. Pre -Application Meeting: Pre -Application occurred January 24, 2017. A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan or Growth Policy compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. B. Completed application form. C. Application fee per schedule, made payable to the Kalispell Planning Department. PUD/CONCEPT PUD Zoning Review Fee Residential (no subdivision) $1,000 + $125/unit Commercial (no subdivision) $1,200 + $100/acre Residential (with subdivision) $1,000 + $100/acre Commercial (with subdivision) $1,000 + $100/acre D. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. See attached Title Report. Please consult the with staff of the Kalispell Planning Office for submittal dates and dates for the planning board meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. The application must be accepted as complete forty-five (45) days prior to the scheduled planning board meeting. 4 1�AXL4 f1� I PI anning Surveying Engineering Design NARRATIVE City of Kalispell Planned Unit Development (PUD) Placeholder Spartan Holdings, LLC C. Legal description including section, township & range: PARCEL l : PARCEL B OF CERTIFICATE OF SURVEY NO. 13982 LOCATED IN THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 24 AND THE NORTHEAST QUARTER OF SECTION 25, ALL IN TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 2: TRACT 3 OF CERTIFICATE OF SURVEY NO. 12011 LOCATED IN THE NORTH HALF OF THENORTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 3: ALL THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER LYING EASTERLY AND NORTHERLY OF THE CENTER OF STILLWATER RIVER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM PARCELS A & C AND TRACT 3 OF CERTIFICATE OF SURVEY NO.12011. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF MONTANA IN BARGAIN AND SALE DEEDS RECORDED MAY 7, 1992, AS DOC. NOS. 92-128-09570 AND 92-128-09580. E. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the goals and objectives for the development of the project The Stillwater Bend project will create a "community within a community" by mixing residential and commercial land uses with the requested B-2 and RA-2 zoning districts. The subject property is surrounded by existing buffers such as the Stillwater River, the golf course, and U.S. Highway 93 that create the ability to design a project that feels like a community and may have opportunities to live, work, shop and recreate. Details of lot layout, access layout and product types are not known at this time, but the KALISPELL OFFICE MISSOULA OFFICE 1S1 BUSINESS CENTER LOOP, STE A • KALSPELL, MT 59901 1111 F. BROADWAY • MISSOULA, MT 59802 TEL: 406.756.4848 • FAX: 40&756-4849 TEL: 406.729 4611 • FAX: 406:728-2476 WWW.WGMGROUP.COM PUD Placeholder— Spartan Moldings, LLC AMA CIO I,' February 2, 2017 Page 2 of 7 requested PUD Placeholder will ensure adequate public review of any future project design. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. The project is likely to be developed in phases, however a phasing plan has not been developed at this time. A phasing plan will be required prior to development due to the requested PUD Placeholder. c. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; The requested PUD Placeholder will ensure that future development is reviewed as a PUD and all departures from the requested B-2 and RA-2 zoning will be presented and justified. d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The project will have a 200' setback from the Stillwater River and a 100' setback from U.S. Highway 93. Other open spaces, common areas, parks etc. will be presented with a PUD Full Application in the future. The requested PUD Placeholder will ensure public review of the design of development on the subject property. e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. The requested PUD Placeholder will ensure that information regarding water, sewer, stormwater management, schools, roads, traffic management, pedestrian access, recreational facilities etc. will be submitted as part of a PUD Full Application at some point in the future. PUD Placeholder—Spartan Holdings, LLC February 2, 2017 Page 3 of 7 The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established. The requested PUD Placeholder will ensure that a detailed development plan will be submitted in the future with a PUD Full Application. However, the subject property is uniquely situated in an area that is already buffered from adjoining land uses. The Stillwater River is the boundary of much of the property, creating a natural buffer between single-family residential land uses to the west and southwest. Development design under a PUD would incorporate a significant setback. The presence of the Stillwater River will significantly mitigate impacts to adjoining land uses. An existing golf course creates a significant open space buffer on the north side of the subject property and provides a valuable scenic amenity. Lastly, U.S. Highway 93 along the east side of the subject property provides access while buffering from land uses to the east. Therefore, the subject property is buffered from encroachment into existing neighborhoods and mixed land uses are an ideal land use in this location for creating a unique and desirable development. g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. The requested PUD Placeholder will ensure that a detailed development plan will be submitted in the future with a PUD Full Application. However, the unique boundaries of the subject property create buffers that allow for creating a "community within a community" where connections between commercial and residential development occur naturally. The subject property lends itself to a system of pathways that take advantage of the unique proximity to the Stillwater River and the golf course. The highway frontage allows for commercial land uses that blend and transition to residential land uses with increased distance from the highway. The naturally occurring buffers surrounding the property prevent encroachment of the mixed -use development into established, intact residential areas. Lastly, the subject property is uniquely situated to provide desirable space for a live, work and shop arrangement by providing valuable spaces for a variety of products including retail, professional offices, multi -family residential and even recreational accommodations. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how will the impacts of those uses be mitigated. PUD Placeholder — Spartan Holdings, LLC February 2, 2017 Page 4 of 7 There is no detailed plan for lot layout or product types within the Stillwater Bend development at this time. The requested mix of B-2 and RA-2 zoning will allow for a blending of land uses that take full advantage of the unique attributes of the subject property. The requested PUD Placeholder will ensure that careful consideration is given to the compatibility of adjacent land uses in the future. A PUD Full Application will be required prior to development of the subject property, and the application will undergo a thorough public review process. i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. The requested PUD Placeholder is accompanied by a request for an amendment to the Kalispell Growth Policy. The Growth Policy amendment application narrative contains a thorough review of goals, policies and objectives that are applicable to an urban mixed use development on the subject property (Criteria D.a). See also Attachments A and B. j. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: i. Total acreage and present zoning classifications; See Attachments C & D. ii. Zoning classification of all adjoining properties; See Attachment C. iii. Density in dwelling units per gross acre; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. iv. Location, size height and number of stories for buildings and uses proposed for buildings; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. PUD Placeholder -Spartan Holdings, LLC ,�����,! February 2, 2017 ■� Page 5 of 7 v. Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. vi. Vehicle, emergency and pedestrian access, traffic circulation and control; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, the subject property will be primarily accessed from U.S. Highway 93 at the northeast corner of the property where there is an existing joint -use approach. This access is planned to be improved to a signalized intersection in the near future by the Kalispell North Town Center development. Any significant development of the subject property will require preparation of a Traffic Impact Study and review and approval by the Montana Department of Transportation. A secondary or emergency access to U.S. Highway 93 may be developed at the southeast corner of the property, and this access would similarly require review and approval by the Montana Department of Transportation. Additional information regarding internal multimodal circulation will be required when a PUD Full Application is submitted in the future prior to development of the subject property. vii. Location, size, height, color and materials of signs; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. viii. Location and height of fencing and/or screening; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. ix. Location and type of landscaping; PUD Placeholder—Spartan Holdings, LLC February 2, 2017 Page 6 of 7 LIMAt M The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. x. Location and type of open space and common areas; See Attachment F for preliminary information. The applicant is requesting a PUD Placeholder and this information is not fully known at this time. Future development design will incorporate a 200' setback from the Stillwater River and a 100' open space buffer from U.S. Highway 93. Other open space and common area information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. xi. Proposed maintenance of common areas and open space; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. xii. Property boundary locations and setback lines; See Attachments E & F for preliminary information. The applicant is requesting a PUD Placeholder and additional information regarding setbacks from structures is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. xiii. Special design standards, materials and 1 or colors; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. xiv. Proposed schedule of completions and phasing of the development, if applicable; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. PUD Placeholder — Spartan Holdings, LLC ,����o1� February 2, 2017 Page 7 of 7 G R © U P xv. Covenants, conditions and restrictions; The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. xvi. Any other information that may be deemed relevant and appropriate to allow for adequate review. The applicant is requesting a PUD Placeholder and this information is not fully known at this time. However, this information will be required when a PUD Full Application is submitted in the future prior to development of the subject property. Attachments: A: Existing Future Land Use Designation B: Requested Future Land Use Designation C: Existing Zoning D: Requested Zoning E: Existing Site Characteristics F: Buffering & Mitigation Plan Neal Bouma 116 Highway 220 Choteau, MT 59422 January 31, 2017 City of Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 RE: Permission to submit applications on behalf of landowner. To whom it may concern: I am the current owner of property located at 2890 Highway 93 North in Flathead County, MT. The property may be described as follows: PARCEL 1: PARCEL B OF CERTIFICATE OF SURVEY NO. 13982 LOCATED IN THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 24 AND THE NORTHEAST QUARTER OF SECTION 25, ALL IN TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 2: TRACT 3 OF CERTIFICATE OF SURVEY NO. 12011 LOCATED IN THE NORTH HALF OF THENORTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 3: ALL THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER LYING EASTERLY AND NORTHERLY OF THE CENTER OF STILLWATER RIVER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM PARCELS A & C AND TRACT 3 OF CERTIFICATE OF SURVEY NO.12011. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF MONTANA IN BARGAIN AND SALE DEEDS RECORDED MAY 7, 1992, AS DOC. NOS. 92-128-09570 AND 92-128-09580. I grant permission for Spartan Holdings, LLC, represented by WGM Group, Inc., to prepare and submit as "applicant" the following applications to the City of Kalispell for the above -referenced property: 1. Application for Growth Policy Amendment 2. Petition for Annexation and Initial Zoning 3. Petition to Annex and Notice of Withdrawal from Rural Fire District 4. Application for Planned Unit Development If you have any questions regarding this arrangement, please feel free to contact me at (406) 590- 5376. Sincerel Neal Bouma Bouma Truck Sales, Inc. PLANNING FO&THB FUTURT Planning Departmegt-- RECEIVED 201 lot Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 FF$ 0 fi 2017 Fax: (406) 758-7739 www.kalispell.com/pI, I.ANNING DEPARTMENT APPLICATION FOR GROWTH POLICY AMENDMENT (GPA) PROJECT NAME: Stillwater Bend 1. NAME OF APPLICANT: Spartan Holdings, LLC 2. MAIL ADDRESS: 341 West Second St. Suite 1 3. CITY/STATE/ZIP: San Bernardino, CA PHONE: (909) 381-0868 NAME AND ADDRESS OF OWNER/S IF DIFFERENT THAN APPLICANT: 4. NAME: Neal BOuma 5. MAIL ADDRESS: 116 Highway 220 6. CITY/STATE/ZIP: Choteau, MT 59422 PHONE: 406) 590-5376 7. TECHNICAL ASSISTANCE: BJ Grieve, WGM Group, Inc. S. MAIL ADDRESS: 151 Business Center Loop, Suite A 9. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE:L406) 756-4848 If there are others who should be notified during the review process, please list those. A L C Property Address: 2890 Highway 93 North, Kalispell, MT 59901 Total Area of Property: Approximately 55.9 acres Legal description including section, township & range: See attached narrative. I D. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the issues, goals and policies associated with the proposed development. b. Project feasibility and a schedule showing the timeframe in which each phase will be completed. C. A showing of the conformance of this amendment with the growth policy overall. d. A convincing showing of need. e. A showing of neighborhood compatibility. Where there are more intensive uses or incompatible uses planned within the plan area or on the boundaries, how the impacts of those uses would be mitigated. f. A showing of transportation impacts and general proposed mitigation measures. g. A listing of the environmental impacts associated with the plan amendment. h. A listing of all know site hazards and general mitigation strategies i. A strategy for the adequate provision of local services (1). Water (2). Sewer (3). Police (4). Fire (5). Parks and open space, trails and pedestrian ways (6). Storm water (7) . Schools (8). Gas, electricity j. A showing of the appropriateness of the proposed location of the project. k. The extent to which the plan departs from the existing growth policy and the reasons why such departures are or are not deemed to be in the public interest. 2 1. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Property boundary locations. (2). Site hazards or environmental constraints including area of steep slopes (10% and 25%), floodplain and flood way, drainage or streams; (3). Total acreage, current growth policy designation and present zoning classifications; (4). Growth policy and zoning classification of all adjoining properties; (5). Assignment of major land use categories. A showing of density and intensity of major land uses including, for example, dwelling units per gross acre, square footages of commercial/acre, square footage of industrial uses/acre, potential public facilities and buildings, open space uses, etc. (6). Collector and arterial road systems. Any unusual road features (bridges, frontage roads, etc.) (7). Location and type of significant open space, common areas or substantial buffers, and major pedestrian trail systems; (8). Proposed schedule of completions and phasing of the development, if applicable; (9). Existing covenants, conditions and restrictions which would significantly alter development within the area; (10) . Special or unusual design features intended to mitigate identified site hazards. (11). Any other information that may be deemed relevant and appropriate to allow for adequate review. The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning Department staff to be present on the property for routine monitoring and inspection during review process. Applicant Signature) 3 6 7- (Date) APPLICATION PROCESS APPLICABLE TO ALL GROWTH POLICY AMENDMENT APPLICATIONS: A. Pre -Application Mecting: Pre -Application occured January 24, 2017 A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are the application process and submission information B. Completed application form. C. Application fee per schedule, made payable to the Kalispell Planning Department. Growth Policy Amendment fee: $2,200 plus $10/acre D. A legal description of the subject property and a map showing the location and boundaries of the property. See attached narrative. Please consult with the staff of the Kalispell Planning Office for submittal dates and dates for the planning board meeting at which it will be heard in order that requirements of state statutes may be fulfilled. The application must be accepted as complete forty-five (45) days prior to the scheduled planning board meeting. 4 I Pi anning Surveying Engineering Design 113-3 R C1 U NARRATIVE City of Kalispell Growth Policy Amendment Spartan Holdings, LLC C. Legal description including section, township & range: PARCEL 1: PARCEL B OF CERTIFICATE OF SURVEY NO. 13982 LOCATED IN THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 24 AND THE NORTHEAST QUARTER OF SECTION 25, ALL IN TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 2: TRACT 3 OF CERTIFICATE OF SURVEY NO. 12011 LOCATED IN THE NORTH HALF OF THENORTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 3: ALL THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER LYING EASTERLY AND NORTHERLY OF THE CENTER OF STILLWATER RIVER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM PARCELS A & C AND TRACT 3 OF CERTIFICATE OF SURVEY NO.12011. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF MONTANA IN BARGAIN AND SALE DEEDS RECORDED MAY 7, 1992, AS DOC. NOS. 92-128-09570 AND 92-128-09580. D. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the issues, goals, and policies associated with the proposed development. The requested amendment to the Kalispell Growth Policy (Growth Policy) is to change the Future Land Use Designation of approximately 55.9 acres on the Future Land Use Map. The property on which the change is being requested is on the west side of U.S. Highway 93, one mile north of the intersection of U.S. Highway 93, U.S. Highway 93 Alternate and West Reserve Drive. Currently the subject property is designated "Suburban KALISPELL OFFICE MISSOULA OFFICE 151 BUSINESS CENTER LOOP, STE A • KALISPELL, MT 59901 1111 E. RROADWAY • MIS50ULA, MT59802 TFL 406,756.4848 0 FAX: 406:756-4849 TEL: 406.728.4611 • FAX: 406:728-2476 WWW,WGMGROUP.COM Kalispell Growth Policy Amendment — Spartan Holdings, LLC February 2, 2017 Page 2 of 12 DMAYN A Residential' (see Attachment A). The landowner is requesting to amend the future land use designation to "Urban Mixed -Use" (see Attachment B). This area of Kalispell is currently undergoing a rapid transition due to: • Completion of the U.S. Highway 93 Alternate (Kalispell Bypass) terminating one mile south of the subject property; • Existing municipal water and wastewater facilities within the U.S. Highway 93 right of way; • Anticipated additional wastewater conveyance capacity due to the planned West Side Interceptor Project; and • Multiple recent annexations and a variety of developments underway in the vicinity of the subject property including commercial and residential land uses. The Growth Policy is used to guide development and growth in and around the City of Kalispell, and is the document upon which consideration of development decisions should be based. This purpose is explicitly stated in Chapter 1, Policies 1 and 4. The requested amendment is being submitted by a private landowner to accommodate growth and development in the City of Kalispell in an area where rapid change has occurred since the Growth Policy was written and adopted. Requests to amend the Growth Policy in these circumstances are allowed pursuant to Policies 6 and 9, as well as Recommendation 5, both of which are found in Chapter 1. The timing of the requested amendment is appropriate given recent commercial and residential growth patterns on the north side of Kalispell as well as the existing and planned improvements to wastewater and transportation infrastructure on the north side of Kalispell. The Growth Policy addresses the timing of development and land use transitions in Chapter 2. Goals 1, 4, 5 and 6 of Chapter 2 address growth and are implemented primarily through Policy 6. The subject property on which the amendment is being requested is adjacent to a major transportation corridor in an area already adjacent to and served by municipal facilities and services. Therefore, the location and timing of the requested amendment to the Future Land Use Map is consistent with Policy 6. Chapter 3 of the Growth Policy establishes goals, policies, and recommendations for housing. The requested amendment would allow for additional "Urban Mixed -Use" land use adjacent to U.S. Highway 93 on the north side of Kalispell. Mixed -use developments typically contain higher -density residential land uses located within a closer proximity to commercial services, sometimes in the same building. Implementation of Kalispell Growth Policy Amendment — Spartan Holdings, LLC February 2, 2017 Page 3 of 12 A".1[inR the "Urban Mixed -Use" future land use designation typically involves urban density housing developed with convenient access to commercial services. Therefore, the requested amendment is consistent with Policies 10 and 11 in Chapter 3. Planning for the development of new commercial districts with a viable mix of commercial services in areas with adequate infrastructure is a goal of the Growth Policy. Goals 1, 2 and 9 of Chapter 4 address the importance of land use planning that is responsive to business needs and trends in commercial growth. To achieve these goals, Policy 7 addresses the location of "Urban Mixed -Use Areas." The subject property is ideally suited for growth that achieves all of the policies for urban mixed -use development, including recreation amenities, access to an urban highway corridor and buffering to prevent the new mixed -use development from encroaching into "established, intact residential areas." The requested amendment is also located within the Highway 93 North Growth Policy Amendment from 2003. Although much has changed since 2003, the requested amendment is generally compliant with the intent of this amendment because it is seeking to locate additional mixed -use development along a highway corridor to help create an integrated neighborhood rather than a linear strip development. Access to U.S. Highway 93 will be limited by existing approaches, and commercial activity will serve both the residential land uses within the development as well as the greater community. b. Project feasibility and a schedule showing the timeframe in which each phase will be completed. The applicant does not have a specific project layout in mind at this time. However, the requested amendment is consistent with the goals, policies, and recommendations in the text of the Growth Policy (see applicable Goals, Policies, and Recommendations in the applicant's response to Criteria D.a., above). A request for annexation, zoning and a PUD Placeholder is being submitted with the application for a growth policy amendment to provide the City of Kalispell assurance that the subject property will be developed in the future with careful design and adequate public review. c. A showing of the conformance of this amendment with the growth policy overall. An inventory of the goals, policies, and recommendations contained in the Growth Policy that are applicable to the requested amendment is Kalispell Growth Policy Amendment —Spartan Holdings, LLC February 2, 2017 Page 4 of 12 DWI 10 NAI contained in the applicant's response to Criteria D.a., above. Overall, the Growth Policy seeks to encourage well -designed growth that is efficiently located and beneficial to the community. Mixed -use developments allow for flexibility of design that benefits both the developer as well as the community by accommodating a diversity of commercial and residential product based on community need. d. A convincing showing of need. The Flathead Valley has a shortage of workforce housing. High land costs and high costs of entitlement and infrastructure construction contribute to a limited overall supply of rental housing. A limited supply of quality rental housing drives rent prices beyond the reach of many residents. As a result, much of the existing and planned rental housing is located where land is more affordable, but basic goods and services are located too far away to allow a choice between driving, walking or riding a bicycle. Furthermore, the design of many developments fails to incorporate multi - modal transportation facilities. There is a continued need for quality mixed -use development in which residents can live and access basic goods and services with a choice of multi -modal transportation methods. The requested amendment, combined with the annexation, initial zoning and PUD Placeholder on the subject property will be a step towards helping to meet this need and is consistent with the Growth Policy. e. A showing of neighborhood compatibility. Where there are more intensive uses or incompatible uses planned within the plan area or on the boundaries, how the impacts of those uses would be mitigated. The subject property is uniquely situated in an area that is already buffered from adjoining land uses. The Stillwater River is the boundary of much of the property, creating a natural buffer between single-family residential land uses to the west and southwest. Development design under a PUD would incorporate a 200' setback. The presence of the Stillwater River will significantly mitigate impacts to adjoining land uses. An existing golf course creates a significant open space buffer on the north side of the subject property and provides a valuable scenic amenity. Lastly, U.S. Highway 93 along the east side of the subject property provides access while buffering from land uses to the east. Therefore, the subject property is buffered from encroachment into the existing neighborhood and mixed land uses are an ideal land use in this location for creating a unique and desirable "community within a community." Kalispell Growth Policy Amendment — Spartan Holdings, LLC February 2, 2017 Page 5 of 12 lIMA101I f. A showing of transportation impacts and general proposed mitigation measures. The subject property will be primarily accessed from U.S. Highway 93 at the northeast corner of the property where there is an existing joint -use approach. This access is planned to be improved to a signalized intersection in the near future by the Kalispell North Town Center development. Any significant development of the subject property will require preparation of a Traffic Impact Study and review and approval by the Montana Department of Transportation. A secondary or emergency access to U.S. Highway 93 may be developed at the southeast corner of the property, and this access would similarly require review and approval by the Montana Department of Transportation. U.S. Highway 93 north of Kalispell is a state highway facility with capacity to accommodate additional traffic. Future development will also require adequate internal road infrastructure. All future internal roads must be designed and built in compliance with the City of Kalispell Standards for Design and Construction. These standards include a trigger for requiring a traffic impact analysis and also contain criteria for safe access to public roadways. Therefore, the transportation impacts of changing the current future land use designation from "Suburban Residential" to "Urban Mixed Use" will be minimal given the multiple design review procedures and impact mitigation requirements applicable at the time of development. g. A listing of the environmental impacts associated with the plan amendment. The subject property is currently used for agriculture. Future conversion of this area from rural agricultural land uses to urban mixed -use land uses will unavoidably alter the existing landscape. However, the impacts of urban mixed -use development may either be negligible or can be adequately mitigated. 1. Impacts to the Human Environment The area of the subject property is generally free of sensitive human environmental conditions that could be negatively impacted by development. There are no at -risk human populations that may be disproportionately impacted in this location. There are no historic structures or sensitive religious land uses in the area. Urban mixed -use development such as multifamily housing, coffee shops, churches, Kalispell Growth Policy Amendment— Spartan Holdings, LLC February 2, 2017 Page 6 of 12 ANNILVA I restaurants and offices generally do not disproportionately create objectionable byproducts that may negatively impact the human population such as smoke, fumes, noise, detrimental electromagnetic fields, changes in air temperature, solid waste, or chemicals that must be treated and/or disposed. Urban mixed -use development in the area of the requested growth policy amendment will not alter the social structure of the community or require relocating people or jobs. Urban mixed -use development generally contributes students to public schools, additional demand for public health services and parks and recreation programming. However, urban mixed -use development also contains commercial land uses that typically contribute to the tax base at a level that creates a net benefit to community services and infrastructure. Traffic associated with commercial development can negatively impact the human environment if located adjacent to incompatible land uses or if access is not adequately designed for safety and efficiency. Aesthetics of any development can negatively impact the human environment if development occurs in a manner that is inconsistent with the scale and context of the area or inconsiderate of the needs of all community members. Signage that is unsightly or unsafe can also negatively impact the human environment. Once annexed into the City of Kalispell with initial zoning and a PUD Placeholder, future development of the subject property will be required to demonstrate careful overall design as well as meet city standards for access, parking and internal circulation as well as signage and architecture. The City of Kalispell regulates the design and construction of development using the Kalispell Zoning Ordinance and the City of Kalispell Standards for Design and Construction. Meeting these standards will ensure no disproportionately negative impacts to the human environment as a result of traffic or the aesthetics of a development project. Finally, the location of the requested growth policy amendment is adjacent to U.S. Highway 93 and access will be reviewed by the Montana Department of Transportation. 2. Impacts to the Natural Environment The subject property is located directly adjacent to the Stillwater River. This significant environmental feature requires careful consideration and mitigation of development impacts. Development of the subject property can be designed in harmony with the river to provide value to both the natural environment and the community. Montana Fish, Wildlife and Parks recommends substantial vegetated buffers plus additional structure setbacks when developing adjacent to rivers. The Kalispell Subdivision Regulations require 200' setbacks from the Kalispell Growth Policy Amendment —Spartan Holdings, LLC February 2, 2017 Page 7 of 12 I�:�Ll�If i Stillwater River. These vegetated buffers and setbacks can provide all - in -one mitigation of potential impacts to water quality, natural habitat, safety concerns related to steep slopes and flooding, as well as provide protection of valuable urban open space and a location for active and passive recreation such as trails and parks. A PUD Placeholder is being requested as part of the annexation and initial zoning of the subject property. The PUD approval process that will be required due to the PUD Placeholder provides a high-level of security to the community that development of the subject property will adequately mitigate impacts to and from the adjoining Stillwater River. The Stillwater River adjacent to the subject property is mapped by FEMA as a "Zone A" floodplain. Zone A floodplains are approximate floodplain boundaries. However, the substantial relief adjacent to the river provides vertical protection against future flooding (FEMA FIRM Panel #30029C 141 5J). Once annexed into the City of Kalispell, any future development within the area of the requested amendment will also be required to meet city standards for storm water design found in Chapter 4 of the City of Kalispell Standards for Design and Construction. Meeting these standards will ensure no disproportionately negative impacts to the natural environment as a result of increased impervious surface or storm water runoff from a development project. h. A listing of all known site hazards and general mitigation strategies. Known environmental constraints and proposed mitigation strategies are discussed in the applicant's response to Criteria D.g.1 above. The technical representative conducted a site visit and preliminary review of existing maps and historic aerial imagery, as well as a review of known hazardous materials sites contained in the 2008 Flathead County Pre - Disaster Mitigation Plan. There are no known hazardous chemical or biological conditions, no known nearby sources of airborne contaminants, no known hazardous weather or climatic conditions, no known hazards resulting from existing or planned access or road conditions, no known high -capacity overhead power lines or gas pipelines, no known noise hazards, no known hazards associated with adjoining land uses such as explosive materials or hazardous chemicals, and no known soil or substrata hazards. L A strategy for the adequate provision of local services. Kalispell Growth Policy Amendment— Spartan Holdings, LLC February 2, 2017 Page S of 12 LVAI 10 N I The location of the requested amendment is not currently within Kalispell city limits. The City of Kalispell is immediately adjacent to the subject property to the east across U.S. Highway 93. A petition for annexation to the City of Kalispell and request for initial zoning as well as an application for a PUD Placeholder is being submitted with this application for an amendment to the Growth Policy. Once annexation is complete, local services may be provided as follows- 1 - Water A municipal water facility is located adjacent to the east side of the subject property on the west side of the U.S. Highway 93 right of way. Accessing any City of Kalispell water facility in the future will require coordination with the City of Kalispell Public Works Department and compliance with Section 3.2 of The City of Kalispell Standards for Design and Construction. 2. Sewer A municipal wastewater facility (gravity main) is located on the east side of the U.S. Highway 93 right of way. Accessing this City of Kalispell sanitary sewer facility in the future will require coordination with the City of Kalispell Public Works Department and compliance with Section 3.3 of The City of Kalispell Standards for Design and Construction. 3. Police The Kalispell Police Department will provide routine patrol of the area and response in the event of an emergency. Given the exemplary resource utilization and response times of the Kalispell Police Department and proximity of the subject property to U.S. Highway 93, adequate law enforcement services can be anticipated at the time of development. 4. Fire The City of Kalispell's north side Station 62 is located at 255 Old Reserve Drive and is currently approximately 2 road miles away from the subject property. Future development will be required to meet City of Kalispell Fire Code, including sprinklers and exit signage for large multi -family and commercial structures. Given the close proximity of a City of Kalispell fire station and the likelihood of development including commercial structures built to modern fire codes, fire services will be adequate to serve the subject property in the future. Kalispell Growth Policy Amendment — Spartan Holdings, LLC February 2, 2017 Page 9 of 12 DANI L,V 5. Parks and open space, trails and pedestrian ways A major design element of any development on the subject property will be utilization of the river corridor for open space and active and passive recreation. Internal paths will be an integral part of a development design, and connectivity to adjoining property and ultimately to arterial paths will occur as adjoining properties are annexed and developed. 6. Storm water Mitigating the impacts of storm water runoff will be the responsibility of the developer at the time of development. In the City of Kalispell Standards for Design and Construction, Chapter 4 is entirely devoted to the subject of storm water design. Storm water management facilities will be designed and constructed at the time of development to maintain the pre -developed runoff condition in the area of the requested growth policy amendment. 7. Schools Urban mixed -use development typically includes high -density residential land uses as well as commercial land uses. High -density residential land uses typically contribute school -age children to the local school district. Commercial development typically does not introduce significant impacts to community schools. Although commercial development does not increase demand for services from schools, commercial development does pay taxes to the local school district and this commercial tax revenue can be an important source of school funding. B. Gas and electricity Location and extension of necessary utilities such as gas, electric, cable, and telephone will be coordinated with service providers at the time of development. Electricity and telephone are likely already available in the U.S. Highway 93 right of way. Given the proximity of the subject property to other urbanized areas of the City of Kalispell, other utilities are likely available to be extended as necessary at the time of development. A showing of the appropriateness of the proposed location of the project. The location and unique attributes of the subject property are consistent with policies for mixed -use land uses and development found in Chapter 4 of the Growth Policy. The unique boundaries of the subject property create buffers that allow for creating a "community within a community" Kalispell Growth Policy Amendment —Spartan Holdings, LLC February 2, 2017 Page 10 of 12 I�:�Ll�1� where connections between commercial and residential development occur naturally. The subject property lends itself to a system of pathways that take advantage of the unique proximity to the Stillwater River and the golf course. The highway frontage allows for commercial land uses that blend and transition to residential land uses with increased distance from the highway. The naturally occurring buffers surrounding the property prevent encroachment of the mixed -use development into established, intact residential areas. Lastly, the subject property is uniquely situated to provide desirable space for a live, work and shop arrangement by providing valuable spaces for a variety of products including retail, professional offices, multi -family residential and even recreational accommodations. k. The extent to which the plan departs from the existing growth policy and the reasons why such departures are or are not deemed to be in the public interest. The Growth Policy is replete with goals, policies and recommendations regarding the need for growth and development to occur in areas of existing facilities and services. The requested amendment would change the future land use on approximately 55.9-acres from "Suburban Residential" to "Urban Mixed -Use." The subject property is already adjacent to a large area of "Urban Mixed -Use" designation on the east side of U.S. Highway 93 that is now beginning to develop. Part of that development includes an extension of Rose Crossing from Whitefish Stage Road west to U.S. Highway 93 with a signalized intersection at the highway. The subject property can use this signalized intersection for efficient, convenient and safe access. Municipal water and wastewater facilities are located within the U.S. Highway 93 right of way adjacent to the subject property. Other municipal and emergency services are already provided to property near the subject property. Therefore, amending the Kalispell Growth Policy Future Land Use Map to increase the "Urban Mixed -Use" future land use designation on the west side of the future intersection of Rose Crossing and U.S. Highway 93 is not a departure from the existing growth policy. The requested amendment to the Kalispell Growth Policy Future Land Use Map will, in fact, bring the map into better compliance with the stated goals, policies, and recommendations of the text of the Kalispell Growth Policy. I. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: 1) Property boundary locations. Kalispell Growth Policy Amendment —Spartan Holdings, LLC 1'V 'F I February 2, 2017 Page 11 of 12 See Attachment E. 2) Site hazards or environmental constraints including area of steep slopes (10% and 25%), floodplain and flood way, drainage or streams; See Attachment E. 3) Total acreage, current growth policy designation and present zoning classifications; See Attachments A and C. 4) Growth policy and zoning classifications of all adjoining properties; See Attachments A and C. 5) Assignment of major land use categories. A showing of density and intensity of major land uses including, for example, dwelling units per gross acre, square footages of commercial/acre, square footage of industrial uses/acre, potential public facilities and buildings, open space uses, etc. This information is not available at this time. The request for a Growth Policy amendment, annexation and initial zoning is accompanied by an application for a PUD Placeholder that will ensure review at the time of development. 6) Collector and arterial road systems. Any unusual road features (bridges, frontage roads, etc.) See Attachment E. 7) Location and type of significant open space, common areas or substantial buffers, and major pedestrian trail systems; See Attachment F. 8) Proposed schedule of completions and phasing of the development, if applicable; Kalispell Growth Policy Amendment —Spartan Holdings, LLC February 2, 2017 Page 12 of 12 This information is not available at this time. The request for a Growth Policy amendment, annexation and initial zoning is accompanied by an application for a PUD Placeholder that will ensure review at the time of development. 9) Existing covenants, conditions and restrictions which would significantly alter development within the area; This information is not available at this time. The request for a Growth Policy amendment, annexation and initial zoning is accompanied by an application for a PUD Placeholder that will ensure review at the time of development. 10) Special or unusual design features intended to mitigate identified site hazards. See Attachment F. 11) Any other information that may be deemed relevant and appropriate to allow for adequate review. Additional information is available upon request. Attachments: A: Existing Future Land Use Designation B: Requested Future Land Use Designation C: Existing Zoning D: Requested Zoning E: Existing Site Characteristics F: Buffering & Mitigation Plan PLANNING FOR THE FUTURE MOA AIVA Planning Department 201 1" Avenue East RECEIVE® Kalispell, MT 59901 Phone: (406) 758-7940 FFB 0 6 7017 Fag: (406) 758-7739 www.kalisaell.conVnlanningKALiSPELL PLANNING DEPARTMENT PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: Spartan Holdings, LLC MAIL ADDRESS: 341 West Second St. Suite 1 CITY/STATE/ZIP: San Bernardino, CA PHONE: (909) 381-0868 INTEREST IN PROPERTY: Under contract to purchase the property. Other Parties of Interest to be Notified: PARTIES OF INTEREST: WGM Group, Inc. MAIL ADDRESS: 151 Business Center Loop, Suite A_ CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: (406) 756-4848 rNTEREST IN PROPERTY: Technical representative for Spartan Holdings, LLC. PLEASE COMPLETE THE FOLLOWING: Address of the property: 2890 Highway 93 North, Kalispell, MT 59901 _ Legal Description: See attached narrative. (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): Approximately 55.9 acres Current estimated market value $2M at 100% build out $50M at 50% build out $22 M Is there a Rural Fire Department RSID or Bond on this property Yes X No If yes remaining balance is $ See attached narrative. The present zoning of the above property is: Flathead County SAG-10 WVO The proposed zoning of the above property is: B-2 & RA-2, see attached narrative. State the changed or changing conditions that make the proposed amendment necessary: See attached narrative. 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. rl (A ica t} (Date) 1 APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS Pre -Application Meeting: Pre -Application occurred January 24, 2017. A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning classifications. 2. Completed application form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an Exhibit A, legal description of the property. Enclosed. 4. Annexation and Initial Zoning Fee made payable to the Kalispell Planning Department, 5. Fee Schedule: Annexation (includes initial zoning) $250 plus $20lacre 6. A bona fide legal description of the property from a recent sury ey, title report or deed which accurately describes the property to be annexed. See attached Title Report. 2 PI anning Surveying Engineering Design G NARRATIVE City of Kalispell Petition for Annexation and Initial Zoning Spartan Holdings, LLC 1. Legal description: PARCEL 1: PARCEL B OF CERTIFICATE OF SURVEY NO. 13982 LOCATED IN THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 24 AND THE NORTHEAST QUARTER OF SECTION 25, ALL IN TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, PARCEL 2: TRACT 3 OF CERTIFICATE OF SURVEY NO. 12011 LOCATED IN THE NORTH HALF OF THENORTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 3: ALL THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER LYING EASTERLY AND NORTHERLY OF THE CENTER OF STILLWATER RIVER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM PARCELS A & C AND TRACT 3 OF CERTIFICATE OF SURVEY NO.12011. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF MONTANA IN BARGAIN AND SALE DEEDS RECORDED MAY 7, 1992, AS DOC. NOS. 92-128-09570 AND 92-128-09580. 2. Rural Fire Department Secured Debt: Pursuant to 7-33-2129 Montana Code Annotated, the following information was provided by the West Valley Fire District regarding outstanding debt secured in park by the property requesting annexation: 1. 2009 Rosenbauer Ladder Truck- $168,530.38 balance, pay off 02/15/2020. 2. 2015 Rosenbauer Timberwolf Structure Engine-$ 205,340.47 balance, pay off 08/15/2025. 3. Station 3 Fire Hall Construction-$ 343,945.08 balance, payoff 08/15/2024 KALISPELL OFFICE MISSOULA OFFICE 151 BUSINESS CENTER LOOP, 5TE A • KALISPELL, MT 59901 1111 E. BROADWAY • MISSOULA, MT59802 TEL: 406.756,4848 1 FAX: 406:756-4849 TEL: 406.728.4611 + FAX: 406:728-2476 WWW.WGMGROUP.COM Petition for Annexation and Initial Zoning — Spartan Holdings, LLC February 2, 2017 Page 2 of 4 3. The proposed zoning of the above property is: The applicants are requesting B-2 General Business zoning on approximately 17 acres of the subject property that abuts U.S. Highway 93. The applicants are requesting RA-2 Residential Apartment/Office zoning on the balance of the approximately 55.9-acre property. For purposes of maintaining the City of Kalispell zoning maps, the following is a metes and bounds description of the area requested to be B-2 General Business: B-2 zoned area That portion of the Northeast 114 of the Northeast 114 of Section 25, Township 29 North, Range 22 West, Principal Meridian, Flathead County, Montana described as follows: BEGINNING at the intersection of the west boundary of U.S. Highway No. 93, Project No. F 5- 3(32)115, and the north boundary of Section 25, Township 29 North, Range 22 West; thence along said west boundary of said U.S. Highway No. 93 the following three courses: South 00°20'27" West 820.0 feet, South 13°41'43" East 41.2 feet and South 00"20'27" West 464.6 feet to the south boundary of the Northeast 114 of the Northeast 114 of said Section 25; thence along said south boundary of said aliquot part, South 89"5839" West 336.6 feet, more or less, to the centerline of the Stillwater River, thence along said centerline of said Stillwater River the following three courses: North 05047'15" West 34.7 feet, North 28"34'19" West 168.1 feet, and North 60"25'21" West 100.5 feet; thence North 01 °28'40" West 502.4 feet, more or less; thence North 66"06'27" West 3 76. 1 feet; thence North 00°20'27" East 437.7 feet to the north boundary of said aliquot part, thence along said north boundary of said aliquot part, North 89"57'14" East 860.0 feet to the Point of Beginning containing 19.0 acres of land, more or less, as shown on the attached Exhibit A, Map of Metes and Bounds Legal Description, which is herewith incorporated in and made a part of this legal description. RA-2 zoned area That portion of the Northeast 114 of the Northeast 114, and the Northwest 114 of the Northeast 114 of Section 25, and the Southwest 114 of the Southeast 114 of Section 24, Township 29 North, Range 22 West, Principal Meridian, Flathead County, Montana described as follows: BEGINNING at the East Sixteenth section corner on the section line common to Sections 24 and 25, Township 29 North, Range 22 West; thence along the north boundary of the Northeast 114 of the Northeast 114 of said Section 25, North 89057'14" East 357.6 feet; thence South 00' 20'27" West 437.7 feet; thence South 66006'27" East 376.1 feet; thence South 01 02840" East 502.4 feet, more or less, to the centerline of the Stillwater River; thence along said centerline of said Stillwater River the following Petition for Annexation and Initial Zoning - Spartan Holdings, LLC 1�•���\' I February 2, 2017 Page 3 of 4 twenty-three courses: North 60°25'21" West 422.5 feet, North 60037'31" West 131.6 feet, North 29°3236" West 94.3 feet, North 25°4937" West 81.3 feet, North 6604739" West 109.4 feet, South 54°36'06" West 97.6 feet, South 40°57'19" West 256.6 feet, South 56"0039" West 82.8 feet, South 89025`26" West 103.4 feet, North 44021'01 " West 93.6 feet, North 28'33'10" West 260.5 feet, North 51'41 `17" West 207.8 feet, North 43007'28" West 277.3 feet, North 42036'54" West 290.9 feet, North 32°03'05" West 78.0 feet, North 37°28'25" West 118.4 feet, North 27°05'55" East 117.6 feet, North 60"42`17" East 65.8 feet, North 44015`39" East 277.6 feet, North 46041'50" East 206.7 feet, North 73"38'45" East 122.6 feet, North 83"07'24" East 160.6 feet, and North 76021'37" East 51.5 feet to the east boundary of Parcel B of Certificate of Survey No. 13982; thence clockwise along the perimeter of said Parcel B the following three courses: South 00°00'40" West 206.2 feet, more or less, North 88°22'14" East 396.0 feet, and South 00°12'03" West 431.4 feet to the south boundary of Parcel A of Certificate of Survey No. 13982; thence along said south boundary of said Parcel A, North 89058'38" East 49.2 feet to the Point of Beginning containing 36.9 acres of land, more or less, as shown on the attached Exhibit A, Map of Metes and Bounds Legal Description, which is herewith incorporated in and made a part of this legal description. 4. Changed or changing conditions that make the proposed amendment necessary: The subject property is located on the west side of U.S. Highway 93 on the north side of the City of Kalispell. This area of Kalispell is transitioning rapidly to a more urban, mixed -use landscape. Municipal water and wastewater services are adjacent to the subject property making development using on -site water and wastewater facilities under the current county zoning infeasible. Development of commercial and residential land uses on the subject property after annexation would increase the cost-effective delivery of public services by adding more users to existing water and wastewater facilities. Planned increases in the capacity of these facilities (West Side Interceptor Project) further underscore the appropriateness of developing the subject property. Recently an application for the Kalispell North Town Center development was submitted to the City of Kalispell. This development plans to bring Rose Crossing west from Whitefish Stage Road and create a signalized intersection with U.S. Highway 93. This signalized intersection will be adjacent to the northeast corner of the subject property. The proposed annexation and zoning will allow the subject property to access U.S. Highway 93 at a safe, signalized intersection as well as provide a further extension of the Rose Crossing corridor west towards the Stillwater River. The recently -completed Kalispell Bypass also now intersects with U.S. Highway 93 only one mile south of the intersection of Rose Crossing and U.S. Highway 93. Petition for Annexation and Initial Zoning — Spartan Holdings, LLC 1�:���1� I February2, 2017 Page 4 of 4 a R❑ u P Planned land uses on the east side of the new four-way intersection of Rose Crossing and U.S. Highway 93 already include a car dealership and a significant office building with 100+ employees. Additional commercial and residential land uses permitted with B-2 and RA-2 zoning on the west side of the new Rose Crossing and U.S. Highway 93 intersection are therefore consistent with land uses in the vicinity. Additional commercial and residential land uses on the west side of U.S. Highway 93 will also improve efficiency by allowing additional utilization of the new intersection. The City of Kalispell is already providing city services to multiple annexed properties in the vicinity of the subject property and to the north of the subject property and delivering services to the subject property would increase efficiency of public service delivery. Lastly, the subject property is surrounded by the Stillwater River, an existing golf course and U.S. Highway 93 in a rapidly changing area of Flathead County that may soon be considered well within the City of Kalispell. The requested blend of residential and commercial land uses allows a community to develop within this area that optimally takes advantage of scenic views, open spaces, natural buffering and excellent highway visibility and access. COfn Z MIZ'd N5Z1 �— N00°40121 13247 N N Mlla N6Zl � N 6 C4 U.S Highuuy No. 93 - Project No. F 5-8(32)115 b � rn � Z \ S00°20'27"4V 820.0' 500°20'27"W 464.6' ED - S13°41' �3 M (j O rn + QJ v (a Q = _ LU co rC !k� J J N m co N a m Goy N05°47'ISM m 34.7' U) Cn Z c a -�jd Sti a � Cu pQp] rn c u' CV [13 Lil co 7t m' C� 501°28'40°E +502.4' v af O LO CO r 2! m C� cn cn CD CD _ + I dip /ryry Q N V y a 4 O — CD m ry d ry^ C] �o � c s X N C N00°20'27"E 437.7' � w m �' � - c� N n -- m Q1 6' Z t`L9 i9' — — — — %d 0 �� i9 o ,ti'LE4 M OZMOS I �° E `n 9' q♦,, 2/ g S;Q I m °n N I _ s � /�_ E� ova 113 A�� Z 9VZ+ Z a W LLJ `� N n M.Ab.00°002 �d j Ow �oo r- Ws�d Z �/l0 1S T I CV U Z61� o S `� I 'CO k1kf �d l/ .✓' I rQ di a1 0 _! to ti� gyp% + 4 of Ib A_Z Al 00 y1 f pj% r� T,,h 5� g1o), p c 2 'IQ 3ssso Metes and Bounds Legal description for Zoning Boundaries B-2 zoned area That portion of the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 29 North, Range 22 West, Principal Meridian, Flathead County, Montana described as follows: BEGINNING at the intersection of the west boundary of U.S. Highway No. 93, Project No. F 5- 3(32)115, and the north boundary of Section 25, Township 29 North, Range 22 West; thence along said west boundary of said U.S. Highway No. 93 the following three courses: South 00°20'27" West 820.0 feet, South 13°41'43" East 41.2 feet and South 00°20'27" West 464.6 feet to the south boundary of the Northeast 1/4 of the Northeast 1/4 of said Section 25; thence along said south boundary of said aliquot part, South 89°58'39" West 336.6 feet, more or less, to the centerline of the Stillwater River; thence along said centerline of said Stillwater River the following three courses: North 05'47'15" West 34.7 feet, North 28'34'19" West 168.1 feet, and North 60°25'21" West 100.5 feet; thence North 01 °28'40" West 502.4 feet, more or less; thence North 66°06'27" West 376.1 feet; thence North 00°20'27" East 437.7 feet to the northboundary of said aliquot part; thence along said north boundary of said aliquot part, North 89°57'14" East 860.0 feet to the Point of Beginning containing 19.0 acres of land, more or less, as shown on the attached Exhibit A, Map of Metes and Bounds Legal Description, which is herewith incorporated in and made a part of this legal description. RA-2 zoned area That portion of the Northeast 1/4 of the Northeast 1/4, and the Northwest 1/4 of the Northeast 1/4 of Section 25, and the Southwest 1/4 of the Southeast 1/4 of Section 24, Township 29 North, Range 22 West, Principal Meridian, Flathead County, Montana described as follows: BEGINNING at the East Sixteenth section corner on the section line common to Sections 24 and 25, Township 29 North, Range 22 West; thence along the north boundary of the Northeast 1/4 of the Northeast 1/4 of said Section 25, North 89°57'14" East 357.6 feet; thence South 00' 20'27" West 437.7 feet; thence South 66°06'27" East 376.1 feet; thence South 01°28'40" East 502.4 feet, more or less, to the centerline of the Stillwater River; thence along said centerline of said Stillwater River the following twenty-three courses: North 60°25'21" West 422.5 feet, North 60°37'31" West 131.6 feet, North 29°32'36" West 94.3 feet, North 25°49'37" West 81.3 feet, North 66047'39" West 109.4 feet, South 54°36'06" West 97.6 feet, South 40'57'19" West 256.6 feet, South 5600099" West 82.8 feet, South 89°25'26" West 103.4 feet, North 44°21'O 1" West 93.6 feet, North 28033'l0" West 260.5 feet, North 51°41'17" West 207.8 feet, North 43°07'28" West 277.3 feet, North 42°36'54" West 290.9 feet, North 32°03'05" West 78.0 feet, North 37°28'25" West 118.4 feet, North 27°05'55" East 117.6 feet, North 60°42'17" East 65.8 feet, North 44°15'39" East 277.6 feet, North 46°41'50" East 206.7 feet, North 73°38'45" East 122.6 feet, North 83°07'24" East 160.6 feet, and North 76°21'37" East 51.5 feet to the east boundary of Parcel B of Certificate of Survey No. 13982; thence clockwise along the perimeter of said Parcel B the following three courses: South 00°00'40" West 206.2 feet, more or less, North 88"22'14" East 396.0 feet, and South 00°12'03" West 431.4 feet to the south boundary of Parcel A of Certificate of Survey No. 13982; thence along said south boundary of said Parcel A, North 89°58'38" East 49.2 feet to the Point of Beginning containing 36.9 acres of land, more or less, as shown on the attached Exhibit A, Map of Metes and Bounds Legal Description, which is herewith incorporated in and made a part of this legal description. BJ Grieve From: West valley Fire <wvfirechief@yahoo.com> Sent: Sunday, January 29, 2017 2:28 PM To: BJ Grieve Subject: Re: Request for RSID, bond and indebtedness information. B. J., Here are our outstanding loans that are currently in place with which this property's taxes are helping to pay. 2009 Rosenbauer Ladder Truck- $168,530.38 balance, pay off 02/15/2020 2015 Rosenbauer Timberwolf Structure Engine-$ 205,340.47 balance, payoff 08/15/2025 Stn 3 Fire Hall Construction-$ 343,945.08 balance, payoff 08/15/2024 Here is the link that refers to the debt issue: 7-33-2129. Annexation of rural fire district property by munici alit -- responsibility for debt MCA If you have further questions you may contact me at this email address or 406-890-0787. Russell Sappington Fire Chief, West Valley Rural Fire District On Friday, January 27, 2017 2:11 PM, BJ Grieve <Bgrieve@wgmgroup.com> wrote: Good afternoon Chief Sappington, We are preparing a Petition for Annexation for 57 acres of property located at 2890 Highway 93 North. As part of the annexation request, the City of Kalispell requires information on any "Rural Fire Department RSID or Bond on (the) property" including the remaining balance. If there are any West Valley Fire District RSIDs, bonds or general indebtedness applicable to 2890 Highway 93 North could you please send us this information? Thanks for your assistance with this matter. BJ Grieve, AICP, CFM Senior Planner ALMA to I R U U I E-mail:BGrieve@wgmgroup.com CELL: 406-401-4181 • FAX: 406-728-2476 h(W 11www.wgmgroup,com 161215.2 Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the West Valley Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) 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 off , �I 7 , before me, the undersigned, a Notary Public for the State of Montana, personally appLlared F1ec(1 2,pon cl 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 ' . �k GRv�F. KIM GROVEL—rYlc_� NOTARY PUBLIC for the oYAR a State of Montana �� Notary Public, State of Montana 'SEAL Resid;rag at Choteau, Montana Printed Name K rs� C FOU e 15, ' My Commission EWSS Residing at ova September 10, 2018 _ My Commission expires: ICE STATE OF MONTANA ) : ss County of Flathead County On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: LIAXL4 H1%I PI anning Surveying Engineering Design ® U I EXHIBIT A Legal Description of Property To Be Annexed PARCEL 1: PARCEL B OF CERTIFICATE OF SURVEY NO. 13982 LOCATED IN THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 24 AND THE NORTHEAST QUARTER OF SECTION 25, ALL IN TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 2: TRACT 3 OF CERTIFICATE OF SURVEY NO. 12011 LOCATED IN THE NORTH HALF OF THENORTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 3: ALL THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER LYING EASTERLY AND NORTHERLY OF THE CENTER OF STILLWATER RIVER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM PARCELS A & C AND TRACT 3 OF CERTIFICATE OF SURVEY NO.12011. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF MONTANA IN BARGAIN AND SALE DEEDS RECORDED MAY 7, 1992, AS DOC. NOS. 92-128-09570 AND 92-128-09580. 1 1 1 1 E. BROADWAY MISSOULA, MT 59602 TES: 40&.7ZB.4r.1 I FAx: 405,729-2476 WWW.WGMGROGF.COM -113dSIWN d0 /kilo Q c s 4 3Sf1 (INV] 32:ini 1j„ ONUSIX3 „NOIiVNOIS34 rc s V 1N3WHO`dllb' -H. 133H5 O W CO ¢ F o Z U z 7 p a o g F U � ¢ i Z O y h O O J LL U Uu J W Q p w F O K K y W ] w w 2 W K O W m K aN O W m F m 2 Q O 4 J J w O 2 U_' O O m U O > U' 0z Wig,❑❑❑❑❑❑L] ❑ ❑ ❑®®� - 1 1 1 1 � ----;--------------------- — —. �1 LLI �1 �1 of �1 L_ 0 4❖..• gyp••. ..o I�!: ►2l'�.�::'•S:..�.�b'-`_ate:•' .�. 1 1 1 1 1 - Gvm-i J31HMlihIJ-S 1 1 1 a m ��3dSl-IVN 30 A110 o m „N0IIVN0IS3G 3sn GNb'� 3bfllfl3„ a31S3f1o32i � t- c� 91N3WHOVIiV o s LL Q 3- 00.0 i3]H5 w w ¢ F K � O w z ¢ G N w O_ 7~ w G z a ° a J g a a w a z U O n o> Z o a a LL z z m r O w a o < o O o a ¢ z o 2 w r o ¢ w a r > a LL w ¢ 'm a a a w o Z o o u a w ~ m = N ¢ WO Q j �> a J 31. 3 a O 1 = O U J ll �j p Z (=J j Q j a o > C7 d Z r a' O > > O Q z U z 2 m U, a 0 C7 K 2 (Q a LL LL U U H W W 00 CL �0 a 1 r 1 1 1 1 1 1 1 1 1 1 I avow aalvnn Ills \-00P i ll3dSl-lv)4 d0 Allo r N U 3 ONINOZ ONIISIX3 _ O 1N3WHOViiV o f ae p i5 ioo<` om Q 133H5 Z M-0vs a 1 ¢ � 1 0 0 M I a �1 0 w 1 w1 w i 1 LU �1 a N Z �1 m ¢ Z o l ,� 0\ti' d a1 N � 1 j 0 �' 0 1 � C� o ¢ Z¢ 1 CON a N 1 E6 AbMH`JIH Sn co ro X, U) W w CE U — Q� L - - of - — s Z Sri sy W F-- 1 H _ \\ C/) e ILESERv�pOp iI r I >W Q II -- -- - -- - - adoa M1vM��ils o 0 a cI) M-0vs a 1 ¢ � 1 0 0 M I a �1 0 w 1 w1 w i 1 LU �1 a N Z �1 m ¢ Z o l ,� 0\ti' d a1 N � 1 j 0 �' 0 1 � C� o ¢ Z¢ 1 CON a N 1 E6 AbMH`JIH Sn co ro X, U) W w CE U — Q� L - - of - — s Z Sri sy W F-- 1 H _ \\ C/) e ILESERv�pOp iI r I >W Q II -- -- - -- - - adoa M1vM��ils o 0 a cI) amom -1-IDdsl-lv)4 Jo Ai10 o o < ow ONINOZ 031S3no32j07 - n Cl1N3W' HOVii a,$aew Q Z z 0 0 W co _ LU Cf o z LU a! C � U H Q 1 � 1 1 � 1 ❑ ❑ i ❑ ❑ a a 1 Cf � l 1 1 wl a U) N N d m N m m QbC u� \\ U o m u¢i Q dMllI1S d K a k -l3dSFIVN d0 J.lIOLL- o 0 4 Nb'�d N011b'JIlIW'8 JN1�13zdf18 - s � 1N3WHOHlld _ o w Q c� - � � a� s�oo< 133H5 TITLE COST OF SERFVICES ANALYSIS (COMMERCIAL LAND 90 % COVERED) DATE PROJECT DETAILS Number of acres proposed to be annexed: Number of commercial units: Average square foot per lot: Assessed value per property: 1. COST OF SERVICES Costs based on commercial acres 3.8 Fire: $408 Police: $659 Administration: $637 Solid Waste: $0 Costs per dwelling unit or Equivalent Residential Unit (ERU): 0 Roads: $0 Water: $0 Sewer: $0 Wastewater Treatment: $1,364 Stormwater: $0 TOTAL ANTICIPATED COST OF SERVICE _ $0 2. ANTICIPATED REVENUE GENERATED Assessments based on average square foot per lot: 165,528 Storm sewer assessment: $1,654 Street maintenance assessment: $1,171 Urban forestry assessment: $283 Light maintenance assessment: $273 Special assessment: $0 Sewer and water bill $750 TOTAL ANTICIPATED REVENUE _ $4,131 3. TAX REVENUE Assessed value per property: $0 Total assessed value: $0 Total taxable value: $0 Total additional revenue based on 170 mill levy: #REF! TOTAL ESTIMATED TAX REVENUE _ $0 4. IMPACT FEES Sewer impact fee: #REF! Water system impact fee: #REF! Stormwater impact fee #REF! Police impact fee #REF! Fire impact fee #REF! TOTAL ESTIMATED IMPACT FEE _ #REF! SUMMARY 3.8 1 165,528 7000000 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $0 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $0 7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 AND 3 - ITEM 5) $25,664 ESTIMATED COST OF SERVICES ANALYSIS (Developed Property at Annexation) Project Name: Stillwater Bend Date 4/5/2017 Calculated By: Kalispell Planning Department Number of acres proposed to be annexed: Number of commercial lots to be annexed: Average square foot per lot: Estimated market value of properties to be annexed: 55.9 811,668 $2,000,000 1. COST OF SERVICES UNDEVELOPED ACRES DEVELOPED ACRES COST/ACRE TOTAL Fire FY16 budget $2,735,865 56 0.00 $107.37 $0.00 Police FY16 budget $4,452,984 56 0.00 $173.33 $0.00 General Gov't Services FY budget $5,387,859 56 0.00 $167.50 $0.00 Subtotal $0.00 SERVICE NO. OF UNITS COST/UNIT TOTAL Roads Lineal feet of road to be maintained 0.00 $5.05 $0.00 Water based on number of ERUs 0.00 $185.51 $0.00 Sewer based on number of ERUs 0.00 $168.51 $0.00 Wastewater Treatment based on number of ERUs 0.00 $227.38 $0.00 Stormwater 0.00 $67.97 $0.00 Subtotal $0.00 TOTAL ANTICIPATED COST OF SERVICE 0.00 2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED Totalsquare foot to be annexed: 811,668 Number of lots: 1 ASSESSMENT AVE SQ FT FY15/16 ASSESSMENT TOTAL Storm sewer assessment (Capped at $250.9 : 811,668 0.00999 $ 250.90 Street maintenance assessment: 1 811,668 0.02233 $ 18,124.55 Urban forestry assessment (capped $300 per lot): 811,668 0.00171 $ 900.00 Light maintenance assessment: 811,668 0.00165 $ 1,339.25 Average annual water and sewer usage charge $ - TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = 20,614.70 3. TAX REVENUE Assessed value per property: ########### NO. OF UNITS PROPERTY VALUE TOTAL Total assessed value: 1 $ 2,000,000.00 ########### TAXABLE MARKET VALUE REAL ESTATE TAX TAXABLE VALUE Total taxable value: $ 2,000,000.00 0.0266 $ 53,200.00 MILLS LEVIED TOTAL Total tax revenue based on 713.7 mill levy: 0.7137 $ 37,968.84 TOTAL CITY TAX REVENUE (based on 205.6 mill levy) 1 $13,331.92 4. IN PACT FEES UNIT QUANTITY COST PER UNIT Total ewer Impact Fee: ERU 0 $ 5,757.00 $0.00 Total a er Impact Fee: ERU 0 $ 6,418.00 $0.00 Total orm Impact Fee: ERU 0 $ 1,121.00 $0.00 Total o ice Impact Fee: Comm. Sq. Footage 0 $ 16.000 $0.00 o a ire mpacFee: Comm. Sq. Footage 0 $ 350.00 $0.00 Total Project Impact Fee 1 $0.00 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $33,946.62 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) 7. ANTICIPATED COST OF SERVICE (ITEM 1) or $33,946.62