Staff Report/Annexation and Zoning Phase IIFlatheadi Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
June 19, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Buffalo Stage Phase II and Edgerton School Annexation and Initial Zoning
Dear Clarence:
The Kalispell City -County Planning Board met on June 10, 1997 and held a public
hearing to consider a request by Buffalo Chip Partners and Edgerton School for
annexation into the City of Kalispell and initial zoning from County RA-1, Residential
Apartment, to City RA-1, Low Density Residential Apartment, and P-1, Public. The
properties proposed for annexation are located approximately 1,000 feet west of
Whitefish Stage Road, south of Granrud Lane and contain approximately 26.4 acres.
Narda Wilson of the Flathead Regional Development Office presented a staff report and
explained that more than 50 percent of the lots had been sold in Buffalo Stage Phase H
which was the threshold required to initiate annexation according to the conditions of
plat approval. The Buffalo Stage Phase II subdivision and Edgerton School receive city
sewer service. It seemed appropriate to annex Edgerton School concurrent with the
Buffalo Stage Phase 11 annexation. School District #5 has no objections. No one spoke
either in favor or in opposition to the annexation.
A motion to adopt Staff Report #KA-97-3 as findings of fact, with a recommendation for
the proposed RA-1 and P-1 zoning upon annexation passed unanimously on a 7 to 0
vote. This recommendation is being forwarded to City Council for the July 7, 1997
regular City Council meeting. Please contact this board or Narda Wilson at the Flathead
Regional Development Office if you have any questions.
Sincerely
'spell City -County Planning Board
. Q.w
Therese Fox Hash
President
TFH/NW/
Attachments: FRDO Report #KA-97-3 w/ application materials
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Buffalo Stage Ph. II / Edgerton L�,00l Annexation
June 19, 1997
Page 2
Draft Minutes 6/ 10/97 Planning Board meeting
Exhibit A (legal description)
c w/o Att: Buffalo Ship Partners, 157 N. Meridian #12, Kalispell, MT 59901
School Dist. #5, 233 lst Ave. East, Kalispell, MT 59901
Debbie Gifford, Kalispell City Clerk
H: \... \ 1997 L A973
-A
BUFFALO STAGE PHASE II / tSCHOOL ANNEXATION
A TRACT OF LAND, SITUATE, LYING, AND BEING IN THE EAST HALF 08 THE
SOUTHEAST QUARTER OF St=ION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST,
P.ti.,H., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS TO WIT:
BEGIX9ING at the noethwest cornea` of the East Half of the Southeast
Quarter of Section 31, Township 29 North, Range 21 West, P.H.,N.,
Flathead County, M40tana, which is a found iron pin on the
southerly R/W of Granrud Lane; Thence S89'43108"E and along the
north boundary of said _El/2SE1/4 and along said southerly R/W a
distance of 553.65 feet to a set iron pin; Thenc S00®0311111W
445.E-2 feet to a set iron pin; Thence S3605412011E 64:'67 feet to a
set iron pin; TheArAte S15 00'0011E 204.59 feet 'to a set iron pin;
Thence S14®44148"E 61.70 meet to -a set .iron pin; Thence
S00*0311111W 281.88 feet to a set iron pin; ' Thence S30®07128t1W
62.57 feet to a set iron pin; Thence SO0*0310011E 156.77 feet to a.
g,et iron pin; Thence S89®56'52f1W 80.04 feet to a found iron pin -,-
Thence N4-5�OO1W11W 86.53 feet to a found iron pin on the
southeasterly R/W.of a 60 foot road known as Buffalo Stage, which
is one a 300.00 foot radius curve, concave northwesterly (radial
ha-aring N45*00100"W); Thence southwesterly along said R/W and
along said curve through a central angle of 30 ® 0010011 an arc length
of 157.08 feet to a found iron pin and the P.R.C. of a 220.00 foot
radius reverse curve, concave southeasterly (radial .bearing
$15000'0011E T; Thence southwesterly aivg,.said curve through a
central angle of 02*46146" an .arc length of 10.29 feet -to a found
iron pin; Thence leaving said R/W S30`0Q'0011E 212.32 feet to a
found iron pin; - The S45®0010011W 87.32 feet to a found iron pin;
Thence N60 00100 131.87 feet to a found iron pin; Thence
N87'57'0411W 66.93 feet to a found iron pin; Thence WEST 165.75
feet to a found iron pin on the west boundary of .said. El/2SEI/4;
Thence _NOO'22116'E ,and along said' west bounndary 1360.24 feet to the
point of beginning and containing 18.524 ACRES. Subject to and
together with all appurtenant easements of record.
THL ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER'BE KNOWN AS:
$UFFALt3 STAGE PHASE II
Al TRACT OF LAND, SIr1ATED, LYING A.t:I) BF iNC: IN THE WEST DIAL c'F HE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, R.NCE 21 WFST,
FLATHEAD COUNTY, MONTANA, AND MORE PA..RTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the Southwest corner of Section 32, Township 29 North, Range 21
West, P.M.,M., Flathead County,' Montana, which is a found iron pin; Thence
!1 00003'11" E and along the west boundary of the SWi/4 of said Section 32 a
distance of 1009.68 feet to a set iron pin and the TRUF. POINT 01' BEGINNING OF
THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing along said west boun.ary
N 00°03'11" E 120.00 feet to a set iron pin; Thence N 89`56'52" F 179.12 feet to
a set iron pin on the west R/W of a 60 foot county road known as Whitefish Star
Road: Thence S 00°03'08" E and along said R/W a distance of 120.00 feet to a
set iron pin; Thence S 89°56'52" W 179.34 feet to the point of be -inning and
containing 0.494 ACRES; Subject to and together with all easements of record.
A TRACT OF LAND, SITUATED, LYING AND BETNG IN THE EAST HALF OF THE SOUTHEAST
�,UARTER OF SECTION 31, TOWNSHIP 29 NORTH, -RANGE 21 WEST, P.Pf.,M., FLATHEAD
COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the southeast corner of Section 31, Township 29 North, Range 21
West, P.M.,M., Flathead County, Montana, which is a found iron pin; Thence
N 00*03111" E and along the east boundary of said Section 31 a distance of
1009.69 feet to a found iron pin and the TRUE POINT OF BEGINNING OF THE TRACT
OF LAND HEREIN DESCRIBED: Thence S 89°56'52" W 150.66 feet to a set iron pin;
Thence S 00°03'08" E 90.00 feet to a set iron pin; Thence S 89°56'52" W 680.00
feet to a set iron pin; Thence N 00°03'08" W 480.00 feet to a set iron pin;
Thence N 89°56'52" E 680.00 feet to a set iron pin; Thence S 00°03'08" E 270.00
feet to a set iron pin; Thence N 89°5652" E 150.88 feet to a found iron pin on
the east boundary of said Section 31; Thence S 00°03'11" W and along said east
boundary a distance of 120.00 feet to the point of beginning and containing
7.908 ACRES; Subject to and together with all easements of record.
•' i'. 'i � t; i
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT
JUNE •.
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding the annexation and initial zoning of Buffalo Stage Phase II and Edgerton
School. A hearing has been scheduled before the Kalispell City -County Planning Board
for June 10, 1997 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 II was granted final plat approval contingent upon annexation when 50 percent of
the lots within the subdivision were sold. All of the lots within the subdivision are
receiving City sewer service. Edgerton School which is adjacent to this subdivision is
also receiving City sewer service. The City was notified that the subdivision has
reached that 50 percent threshold, hence annexation procedures have been initiated to
take in the above mentioned properties. The Buffalo Stage Phase II properties will be
annexed under the provisions of Sections 7-2-4601 through 7-2-4310, M.C.A.,
Annexation by Petition, and Edgerton School will be annexed under the provisions of
Sections 7-2-4401 through 7-2-4409, M.C.A., Annexation of Contiguous Government
Lands.
A. Petitioner andOwners: Buffalo Chip Partners
157 N. Meridian, # 12
Kalispell, MT 59901
Property Owners in Buffalo Stage Phase II
Kalispell School District #5
233 First Avenue East
Kalispell, MT 59901
B. Location and Legal Description of Property: The properties proposed for
annexation are located west of Whitefish Stage Road approximately 1,000 feet
and south of Granrud Lane. The properties are known as Buffalo Stage Phase II
and Edgerton School. There are various addresses within Buffalo Stage Phase H.
Edgerton School is located at 1400 Whitefish Stage Road. The properties can be
described as Buffalo Stage Phase II and Assessor's Tract lA located in Section 31
and Assessor's Tract SE located in Section 32, Township 29 North, Range 21
West, P.M.M., Flathead County, Montana.
C. sting 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 City zoning designation is proposed for these
properties which is a Low Density Residential Apartment District which has a
minimum lot size requirement of 6,000 square feet and an additional 3,000
square feet for each dwelling in excess of a duplex. In reality, however, the
covenants, conditions and restrictions for Buffalo Stage Phase H restricts the use
of the lots to single family homes with the exception of Lots 63 and 68 which are
designated as duplex lots. Lots 63 and 68 are intended for townhouse units.
E. Size: There is approximately 18.5 acres within the Buffalo Stage Phase II
subdivision which includes the roads and common area. Approximately 10.327
acres is devoted to the 30 lots within the subdivision. Edgerton School contains
approximately 7.9 acres. The total area proposed for annexation contains
approximately 26.4 acres.
F. s ' g Land Use: There are single family homes currently existing on many of
the lots within Buffalo Stage Phase H, with some under construction along with
some undeveloped lots. Edgerton School operates as an elementary school
serving the area.
G. Adjacent Land Uses and g:
North: Generally undeveloped, County R-5 zoning
South: Buffalo Stage Phase I, City RA-1 zoning
East:: Generally undeveloped, County RA-1 zoning
West: Single family residential, County R-1 zoning
H. General d 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.
IIA 01119) .
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.
K
M11616411•
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
map 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.
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.
5. 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 zoning district 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.
3
8. Will the requested zone facilitate the adequate provision of transportation, water
sewerage, schools, parks, and other public re9uirements?
Fall 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 zone.
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.
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 iurisdiction?
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.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt Staff Report #KA-97-3 as findings of fact and forward a
recommendation to City Council that the initial zoning for these properties upon
annexation should be RA-1, Low Density Residential Apartment. -v p- / {
H: \... \ REPORTS\KA\96\ KA973
P
MAY — 6 199T
Hay 5, 1997
City Manager
City of Kalispell
312 First Avenue East
Kalispell, MT 59901
RE: Annexation of Buffalo Stage
Dear Clarence:
Please accept this letter requesting formal annexation of
Buffalo Stage Phase II into the City of Kalispell. We have now
sold fifty percent (50%) of the available lots. Per our agreement
with the City, annexation can begin.
Thank you in advance for your prompt consideration.
Sine—Y
----
Ken Yachechak
157 N. MERIDIAN ROAD • SUITE 112 • KALISPELL, MONTANA 59901 • 406-257-1076 • Fax 406-257-5556
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phone: 406-756-3015 233 FMT AVENUE EAST - KADSPEL4 MONTANA 5M fax 406-7-% 4510
June 4, 1997
Narda Wilson
Flathead Regional Development Office
723 Fifth Avenue East, Room 414
Kalispell, Montana 59901
Re: Proposed annexation of Edgerton School
Dear Narda,
Please be advised that School District #5 is not opposed to the annexation
of Edgerton School into the City of Kalispell.
Sincerely,
G�
Administrative Assistant
School District #5
cc: Ken Siderius
Todd Watkins