Staff Report/Annexation and Zoning Phase IIIFLATHEAD REGIONAL DEVELOPMENT OFFICE
REPORTSTAFF •
MAY,..
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding the annexation and initial zoning of Buffalo Stage Phase III. A hearing has
been scheduled before the Kalispell City -County Planning Board for May 12, 1998
beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning Board will
forward a recommendation to the Kalispell City Council for final action.
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. Buffalo Stage
Phase III was granted final plat approval by the County Commissioners on May 1, 1998
with all remaining improvements to be completed by June 15, 1998. The plat requires
annexation when 50 percent of the lots within the subdivision are sold, however, the
developer is requesting early annexation so that all of the lots will receive City services
initially. The Buffalo Stage Phase III properties will be annexed under the provisions of
Sections 7-2-4601 through 7-2-4610, M.C.A.
A. Petitioner and Owners: Buffalo Chip Partners
157 N. Meridian, # 109
Kalispell, MT 59901
(406)257-5533
B. Evocation and Legal Description of Property: The properties proposed for
annexation are located west of Whitefish Stage Road approximately 1,000 feet.
The properties can be described as Buffalo Stage Phase III, excluding the park
and buffer area located in Sections 31 and 32, Township 29 North, Range 21
West, P.M.M., Flathead County, Montana.
C. Existing zoning: Currently this property is located in the County zoning
jurisdiction and is zoned RA-1, a Residential Apartment zoning district. The
minimum lot size requirement for this district is 7,500 square feet and 1,500
square feet additional for each dwelling unit in excess of two. All public services
and facilities would be available in areas within this zoning designation.
D. Proposed Zoning: An RA-1, Low Density Residential Apartment, City zoning
designation is proposed for the residential lots within the subdivision. An R-5,
Residential / Professional Office, City zoning is being proposed for Parcel A. This
property has been approved under a County conditional use permit for four
medical duplex offices, or eight office buildings. The owner of Parcel A plans on
creating a commercial condominium subdivision after the property has been
annexed. The proposed zoning will comply with the intended use of the
properties as outlined in the covenants and with the plans for future
development.
1
E. Size: There is approximately 8.5 acres within the Buffalo Stage Phase III
subdivision proposed for annexation which includes the roads and excludes the
park.
F. E2dsting Land Use: The lots within the subdivision are currently undeveloped
with the exception of Parcel A where construction of one duplex medical office
was begun this spring.
G. Adjacent Land Uses and Zoning:
North: Generally undeveloped, County R-5 zoning
South: Buffalo Stage Phase I and Edgerton School,
County R-5 zoning
East:: Single family residential, County R-2 zoning
West: Single family residential, City RA-1 zoning
H. General Land Use Character: The general land use character of the area is
residential with few exceptions. The school operates as a non-residential use as
well as a church in the area.
I. Availability of Public Services: City sewer has been extended throughout the
subdivision and service is available to each lot. Roads, schools, police and fire
protection are in place to serve the area. Evergreen Water and Sewer District
provides water to the area. -
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
1. Does the requested zone comply with the Master Plan?
This property is indicated on the Kalispell City County Master Plan Map as high
density residential. The proposed RA-1 zoning complies with that master plan
and R-5map designation, as well as the goals and policies of the document.
2. Is the requested zone designed to lessen congestion in the streets?
Rezoning this property will result in no change in the amount of traffic which
might be generated in the area. No impact on traffic congestion will result with
this zoning designation.
3. Will the requested zone secure safety from fire, panic, and other dangers?
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services is adequate.
E
4. Will the requested zone promote the health and general welfare?
This annexation will promote the general health and welfare of the community by
providing orderly growth within the city, will contribute to the City's tax base and
encourages growth within an established urban area where full public services
and facilities are available.
S. Will the requested zone provide for adequate light and air?
All of the properties will be required to comply with the development standards of
the RA-1 and R-5 zoning districts which will dictate minimum lot size
requirements, setbacks, building height and density which assures that there
will be adequate light and air.
6. Will the requested zone prevent the overcrowding of land?
The requested zoning designation is consistent with other zoning in the area and
the type of development which would be anticipated under the master plan. The
requested zone will prevent the overcrowding of land.
7. Will the requested zone avoid undue concentration of people?
No significant increase in the population in the area will result under the
proposed zoning. This area has been intended to provide for urban residential
development and is in an area where public services and facilities are available to
the residences in the area. This zone change will not create an undue
concentration of people in the area.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Full public services, facilities and infrastructure are currently in place to
accommodate the use(s) in the area. No significant impacts to these services can
be anticipated as a result of this zoning proposal.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed zoning is consistent with the zoning in the surrounding area and
the uses in the area. The proposed zoning is consistent with the master plan
map designation and anticipated development. The requested zone gives
appropriate consideration for the suitability of this area for the uses allowed
under the RA-1 and R-5 zones.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is residential. Most of the uses currently in the
area will continue to be developed residentially. The requested zone gives
reasonable consideration to the character of the area.
3
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate use of land throughout the jurisdiction appears to be
residential which is reflected in the current and proposed zoning. The proposed
zoning will encourage the most appropriate use of land throughout the
jurisdiction.
EXTENSION OF SERVICES:
Services in accordance with the City's Design and Construction Standards have been
installed in the subdivision with Buffalo Stage Phase III. They have been inspected and
approved by the City's Public Works Department and certified by Carver Engineering.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt Staff Report #KA-98-3 as findings of fact and forward a
recommendation to City Council that the initial zoning for these properties upon
annexation should be RA-1 and R-5, Low Density Residential Apartment.
H: \... \REPORTS\KA\98\KA983
0
;r 43
6
68
630
• .. ��` p=
r
3 58 65 164 69 16 13A
67 66 67 15`�
. _ _
E&JI86 7
BF 'f Lea
,.�
52 Subject P
- ----- - "I �pi -
51 74
87 z
�r
t
16
47 7S s r
62
46 4 t51 215
46 lan 21 6
.._.._.
45 --.. r _ 81
42 tee.
44 1 A 5c
PARK 50
s� r
- H � �g
�F3
rr 39 -
'4 5
7AA
5K i
ai 9
35q
c;
t
P�Ef:4 _
34 7 16 _ � t;'," rid o
� s
1T r
3 �; � � 13 12
3 15 191 20f 21.
B--1
I B 30 27
v s- rr A 26 251 24
9T HA 5A
25 60 59 ARK
24 58 57 56
.j 22 38 37 38 ° 39 to 41 42 43. 49 48 47 R
BF -
35 44 \ 26 12B
BUFFALO CHIP PARTNERS
ANNEXATION INITIAL ZONING Off'
RA- 11 LOW DENSITY RESIDENTIAL APARTMENT,
R-5, RESIDENTIAL/PROFESSIONAL OFFICE,
KALISPELL ZONING DISTRICT
FIAT i31s.T:€J4/4f9B
�,� it' -8 - 3 ALE " = 4 H--\gis\site\KA28-3,dwg
DESCRIPTION OF BUFFALO STAGE PHASE III, Excepting PARK 'A':
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST,
P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS TO WIT:
BEGINNING at the southeast corner of LOT 75, of BUFFALO STAGE PHASE
II, (records of Flathead County, Montana); Thence N00'0310011W
156.77 feet to a found iron pin; Thence N30'07128"E 62.57 feet toa
found iron pin; Thence N00°03'111tE 142.03 feet to a found iron
pin; Thence S7905014811E 91.42 feet to a set iron pin; Thence
S83'08'01/1E 90.64 feet to a set iron pin; Thence S895711311E
513.90 feet to a set iron pin; Thence S53'28107"E 60.00 feet to a
set iron pin on a 100.00 foot radius curve, concave southeasterly
(radial bearing S53°28107"E); Thence southwesterly along said
curve through a central angle of 36022'3711 an arc length of 63.49
feet to a set iron pin; Thence S00°09116"W 29.89 feet to a set
iron pin; Thence N8905615211F 137.37 feet to a set iron pin on the
westerly R/W of Whitefish Stage Road; Thence along said R/W
S00' 41.' 4311W 245.66 feet to a found iron pin; Thence S00 016' 3919W
207.23 feet to a found iron pin; Thence S00003109"E 17.14 feet to
a found iron pin; Thence S8905615291W 330.00 feet to a found iron
pin; Thence N00°0310811W 270.00 feet to a found iron pin; Thence
S89'56152t1W 556.92 feet to the point of beginning and containing
8.546 ACRES. Subject to and together with all appurtenant
easements of record.
Ken YYachechak
Suite II - The Montana Building - 27 2nd St. E.
Kalispell, MT 59901
(406)257-5533
Investment Advisor
-NY Real Estate, Business Planning
Portfolio Management-stocks/bonds
Pension/Profit Sharing Plans
Investment Strategy
APPLICATION MATERIAL
UP11- • :
Nada Wilson
FRDO
723 5th Ave. Easr
Kalispell, Mt. 59901
Re: Buffalo Stage Phase III
Dear Narda,
The partners of Buffalo Stage Phase III will waive the right to
protest the annexation of the sub -division to the City of Kalispell.
We are in fact requesting immediate annexation when final platting
is complete.
Please give me a call if I can provide additional information.
Since ly,
en Ya irtner
k
General
KALISPELL CITY -COUNTY PLANNING BOARD
AND ZONING COMMISSION
MINUTES OF MEETING
MAY 12, 1998
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND ROLL CALL Board was called to order at 7:02 p.m. Board members present were
Don Hines, Walter Bahr, Therese Hash, Milt Carlson, Don Garberg, Rob
Heinecke, Joe Brenneman, Gregory Stevens, and Jean Johnson. The
Flathead Regional Development Office was represented by Narda
Wilson, Senior Planner, and Steve Kountz, Senior Planner. There were
six (6) people in the audience.
APPROVAL OF The minutes of the meeting of April 14, 1998 were approved as written
MINUTES on a motion by Bahr second by Johnson.
BUFFALO STAGE The first public hearing was introduced on a request by Buffalo Chip
PHASE III / Partners for initial zoning of Buffalo Stage Phase III upon annexation.
ANNEXATION / The property is currently zoned County RA-1, Residential Apartment.
FROM COUNTY The properties are located approximately 1000 feet west of Whitefish
RA-1 TO CITY Stage Road, and can be described as Buffalo Stage Phase III, excluding
RA-1 & R-5 the park and buffer area in Sections 31 and 32, Township 29 North,
Range 21 West, P.M.M., Flathead County. A City zoning designation of
RA-1, Low Density Residential Apartment is proposed for the residential
lots in the subdivision and a City R-5, Residential / Professional Office is
proposed for Parcel A.
Staff Report Wilson presented an overview of report #KA-98-3, recommending
approval of initial zoning for these properties upon annexation into the
City, of RA-1 and R-5.
Public Hearing The public hearing was opened to proponents. No one spoke either in
favor or in opposition to the application. The public hearing was closed
and opened to Board discussion.
Board Discussion The Board talked about the pattern of development in the area which is
tending towards single family residential, and noted that it be reflected in
the master plan update, as the current designation is for high density
residential.
Edgerton School asked to be exempt from annexation, so is surrounded
by City property.
Kalispell City -County Planning Board
Minutes of Meeting of May 12, 1998
Page 1 of 5
Motion Carlson made the motion to adopt staff report #KA-98-3 as findings of
fact, and recommend that City Council that the initial zoning on these
properties be RA-1 and R-5 upon annexation. Bahr seconded. On a roll
call vote, the motion carried 9-0 in favor.
MOUNTAIN VIEW The next public hearing was introduced on a request by Lonny and
MOBILE MANOR Bonnie Hanson for preliminary plat approval for a 14 space expansion of
PRELIMINARY an existing manufactured home park, Mountain View Mobile Manor.
PLAT The site is located east of LaSalle Road on the north side of East
Cottonwood Drive in the Evergreen zoning district. The area proposed
for expansion contains approximately 3.10 acres. The property is zoned
R-5, Two Family Residential, can be described as Assessor's Tracts 2CF
and 2CAD in Section 4, Township 28 North, Range 21 West, P.M.M.,
Flathead County.
A conditional use permit is required and was granted by the Flathead
County Board of Adjustment on April 9, 1998.
Jean Johnson declared a conflict of interest, and stepped down from the
Board on this matter.
Staff Report Wilson gave a detailed presentation of report #FPP-98-4. The
application was reviewed in accordance with the necessary criteria and
13 conditions of approval were recommended.
Public Hearing The public hearing was opened to those in favor.
In Favor Paul Stokes, engineer for the project representing the applicants,
explained that the Hansons purchased this land adjacent to their existing
mobile home park for the expansion. The looped road system creates a
better access, and pointed out that the expansion would clean up the
noxious weeds on the vacant lot area, which needs some work done.
No one else spoke in favor. The public hearing was opened to opponents
to the project.
Opposition Jim Christensen, 123 E. Cottonwood Drive, was opposed to the density
of trailers behind him. He would be in favor of 2-3 single family homes
on permanent foundations, and people that live there that would keep the
place up. The vacant lot has not been taken care and there are noxious
weeds growing back there.
Kalispell City -County Planning Board
Minutes of Meeting of May 12, 1998
Page 2 of 5
Dan Ellsworth, E. Cottonwood Drive, had concerns about them taking
care of this lot, because I've called the weed control for five years about
the knapweed. The access on Cottonwood has no place for snow
storage. The intersection to the south has too much traffic, now. There
is a 25 mph speed limit, and the traffic speeds through on Cottonwood at
50 mph. There is never a traffic cop when you need one. You can't get
onto the highway at that intersection.
Brad Nauman, E. Cottonwood Drive, which borders the vacant lot, and I
agree with what the others have said. The proposed road will be 15 feet
from my house, and I don't want this amount of traffic going by my
house. I would favor three or four houses on permanent foundations,
that is a neighborhood, not a trailer court. If they want to hide a trailer
court, find a wooded lot and stick it in there. Traffic is terrible.
Sometimes you can't back out of your driveway. Property values next to
that trailer court are going to go down.
Garret Michel, 109 E. Cottonwood Drive, which adjoins this lot,
approximately 13 feet from this proposed road. I am worried about
people ending up in my yard or house, especially in the winter, with the
way people drive. I don't see a need for another expansion of a trailer
court. Jack Barrett has 80 empty spaces waiting to be filled.
There being no other speakers in opposition, the public hearing was
closed and opened to Board discussion.
Board Discussion Paul Stokes was asked to address the concerns brought up about access
onto the highway and the proposed access. The parcel of land in
question has been a road easement for a number of years and the purpose
was to put a road through. It is a 45 foot road easement, with plenty of
room to put snow. As to the traffic, all the intersections on LaSalle are
impacted by traffic congestion.
Stevens wanted to know how the cash in lieu of parkland figure was
derived at and felt it was too high. There was discussion on how
appraisal values are derived, and it was noted that the applicant identified
the estimated market value of the property at $65,340, which is higher
than the figure of $45,000 used by staff to determine the calculation.
There was further discussion on the traffic in the area and the mitigating
conditions of approval.
Kalispell City -County Planning Board
Minutes of Meeting of May 12, 1998
Page 3 of 5
Motion Bahr moved to adopt staff report AFPP-98-4 as findings of fact and
forward a favorable recommendation to the County Commissioners to
approve the expansion of Mountain View Mobile Manor subject to the
13 conditions. Garberg seconded. On a roll call vote Heinecke, Carlson,
Brenneman, Garberg, Stevens, Bahr, and Hines voted aye. Hash voted
no. The motion carried 7-1 in favor.
Johnson returned to his seat on the Board.
NEW BUSINESS The Board reviewed the memo from staff regarding the work program
for the year, and agreed the ongoing projects were a full plate.
Staff offered to show her slide presentation on signs, and the Board
agreed that would be beneficial information.
Other topics for discussion were to ask staff to provide past research on
impact fees, to consider affordable housing in the plan update, and a
request for an overview of parliamentary procedures. It was suggested
to have Susan Moyer give a presentation addressing the affordable
housing issue on a meeting night with a short agenda.
Master Plan Update Steve Kountz reported on the progress of the Kalispell Master Plan
update. The Resource and Analysis document, mapping and survey is
done. The second milestone is finishing the first round of meetings with
the three committees in developing alternative plans. We are now
looking at establishing a consensus committee for integrating the three
plans into one. There are seven volunteers from the three committees.
He asked that the planning board sit on the committee and invite city
council and commissioners to be represented. He asked that the Board
consider the make-up of the committee and set a meeting date for that
committee.
There was considerable discussion on the make up of the committee.
Motion Brenneman made the motion to have the consensus committee be
comprised of the seven volunteers, the nine planning board members, and
invite the City Council and the County Commissioners to be represented,
and to meet on the first Tuesday of the month. Bahr seconded. By
acclamation vote eight members voted aye. Garberg voted nay. The
motion carried 8-1.
As a third item for discussion regarding the master plan update process,
Carlson drafted a letter to the council and commissioners to request
Kalispell City -County Planning Board
Minutes of Meeting of May 12, 1998
Page 4 of 5
funding to hire a mediator, who is trained at bringing together different
points of view, to facilitate the meetings.
The Board agreed to make the request.
Motion Garberg made the motion to send the letter as written to the City Council
and the County Commissioners requesting funds to hire a facilitator.
Brenneman seconded. By acclamation vote, all members voted aye.
Under other new business, the June agenda is full. The Board agreed to
start the meeting at 6:00 p.m.
OLD BUSINESS There was no old business.
ADJOURNMENT The meeting was adjourned at 9:15 p.m.
Therese Fox Hash, President
Elizabeth Ontko, Recording Secretary
Kalispell City -County Planning Board
Minutes of Meeting of May 12, 1998
Page 5 of 5