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Staff Report/Annexation & ZoningFlatheadional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 December 10, 1998 Glen Neier, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: American Land and Development, Inc. - Request for Annexation and Initial Zoning of R-2 Dear Glen: The Kalispell City -County Planning Board met on December 8, 1998, and held a public hearing to consider a request by American land and Development, Inc., for initial zoning of R-2 Residential, upon annexation into the city. The property proposed for annexation contains approximately 28.9 acres located on the east side of Willow Glen Drive at the Kelly Road intersection. Preliminary plat approval was granted in 1997 for Willowbrook Subdivision on the site, which has since been renamed to The Willows Subdivision. The property is currently zoned County R-3, One Family Residential. Steve Kountz of the Flathead Regional Development Office presented the staff report and recommended City R-2 Residential zoning for the proposed subdivision upon annexation. There was no public comment about the proposed zoning or annexation. A motion was made and seconded to adopt staff report #KA-98-7 as findings of fact and recommend that the City Council annex and adopt R-2 zoning on the site. The motion passed on a roll call vote of 9 in favor and none opposed. A recommendation for the proposed R-2 zoning upon annexation of this property is being forwarded to City Council for consideration at their next regular meeting on January 4, 1999. Please contact this board or Steve Kountz at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely Xalispell City -County PlanningBoard "J� (;;:- h�� Therese Hash President Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Page 2 Re: American Land and Development, Inc. Annexation and Zoning TH/SK/tl Attachments: FRDO Report #KA-98-7/ application materials Draft Minutes 12/08/98 Planning Board meeting c w/o Att: American Land and Development, Inc., Schwarz Engineering c w/ Att: Theresa White, Kalispell City Clerk H: \TRANSMIT\KAL\ 1998\KA98-7 CITY-COUNTYKALISPELL PLANNING r _ % MINUTES OF MEETING DECEMBERS, 1998 CALL TO ORDER AND The meeting was called to order by President Therese Hash at ROLL CALL approximately 7:04 p.m. Members present were Therese Hash, Milt Carlson, Joe Brenneman, Donald Garberg, Rob Heineke, Walter Bahr, Gregory Stevens, Jean Johnson and Don Hines. The Flathead Regional Development Off -ice was represented by Steve Kountz. There were 4 people in the audience. APPROVAL OF The minutes of the meeting of November 10, 1998 were MINUTES approved as submitted on a motion made by Bahr, and seconded by Hines. The motion passed unanimously. PETERSON A request by Don and Marilyn Peterson to add approximately CONSERVATION 20 acres to an existing conservation easement for a combined EASEMENT total of 74 acres located along Steel Bridge Road east of the Flathead River. Staff Report Steve Kountz, representing the Flathead Regional Development Office, presented a summary of staff report #FCE-98-9, recommending that the planning board find that the conservation easement would further the goals and policies of the Kalispell City County Master Plan. Board Discussion There was no discussion Motion Carlson moved, and Bahr seconded to approve staff report #FCE-98-9, and that the conservation easement would further the goals and policies of the Kalispell City County Master Plan, and to have the planning director act on their behalf by stating to the Montana Land Reliance that the conservation easement will further the goals of long-range planning and that the planning board supports the conveyance. Roll Call Vote On a roll call vote Therese Hash, Milt Carlson, Joe Brenneman, Donald Garberg, Rob Heinecke, Walter Bahr, Gregory Stevens, Jean Johnson and Don Hines voted aye. The motion carried on a vote of 9-0. AMERICAN LAND Ss The first public hearing was introduced on a petition by DEVELOPMENT American Land & Development, Inc., for annexation of PETITION FOR approximately 28.9 acres of land and a zoning map amendment ANNEXATION from R-3 One Family Residential in the Flathead County Zoning Regulations to the equivalent city zoning district, which is R-2 Residential in the Kalispell Zoning Ordinance. Kalispell City County Planning Board N iinutes of meeting December 8, 1998 Page 1 of 4 Staff Report Steve Kountz, FRDO, presented a summary of Staff Report #KA- 98-7, recommending that the planning board and zoning commission adopt the report and recommend the annexation and zoning change. Public Hearing: The public hearing was opened to the audience. Proponents/Opponents No one spoke in favor or against, so the public hearing was closed. Board Discussion There was no discussion by the board. Motion Bahr moved and Hines seconded that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-98-7 as findings of fact and recommend that the Kalispell City Council annex, and adopt R-2 zoning, for the American Land 8, Development, Inc. site. Roll Call Vote On a roll call vote Therese Hash, Milt Carlson, Joe Brenneman, Donald Garberg, Rob Heinecke, Walter Bahr, Gregory Stevens, Jean Johnson and Don Hines voted Aye. The motion carried on a vote of 9-0. PUBLIC COMMENTS ON Steve Kountz, representing the FRDO, gave a short presentation KALISPELL CITY of the draft of the Master Plan. He explained that 40 to 50 COUNTY MASTER PLAN drafts have been sent out to various community members and businesses and it has gone to the media. The President opened the meeting for comments from the audience on the draft update of the Kalispell City County Master Plan. Public Comment Russell Crowder of 2868 Lower Lost Prairie Road, Marion, representing the organization, Montanans for Property Rights, spoke to the board about having at least 3 or 4 public comment meetings. He shared concerns over the ground work being laid to have the large open space areas in the community being set up as a playground for the rich, by zoning out affordable housing areas. He asked that the board review the draft with reasonable, affordable housing in mind and review it line by line and word for word. There were no other comments from the audience. Hash encouraged the board and the public to keep in mind that there have been many committees involved in this draft, and that it is not a creation of FRDO. Hash stated that a flow chart to show how this plan came about Kalispell City County Planning Board Minutes of meeting December S, 1998 Page 2 of 4 would assist the public in their understanding. Carlson stated that he would like to see the airport plan incorporated in the master plan. Kountz explained that there is already a neighborhood plan in place for the airport, and an airport master plan in the works and should be completed next year. The board may want to attach that plan to the master plan. Heinecke suggested that the board discuss the name of the plan, master versus comprehensive plan, and the introduction, etc. as put forth by the memorandum from Kountz. Hash suggested that it would be procedurally improper to make any changes to the draft, even minimal ones, until the public comment meetings have been accomplished. Then the board would have opportunity to review those things and complete the plan. Stevens stated that the name of the plan had been discussed previously, and noted that Montana statute gives a definition of a master plan, but not a comprehensive plan, and that was the reasoning for leaving it as master plan". Brenneman stated that Kountz might explain the intention that the plan be comprehensive within his presentations for the public comment meetings. NEW BUSINESS Kountz requested that dates be set for the public comment meetings. Thursday, January 14th was set for Evergreen school, starting at 7 p.m. Kountz will notify the board of the actual location of the meeting. The Chamber of Commerce meeting will be held Friday, January 15th, at 9 a.m. Kountz asked to include a public comment period within the next regular meeting. Kountz explained that there could be potentially controversial items on the January agenda. The board approved of the inclusion on the agenda. OLD BUSINESS Carlson moved the following resolution: WHEREAS, Therese Fox Hash has provided an outstanding example of volunteer public service on this Board for twelve years; and, WHEREAS, she has exercised a high degree of sensitive jurisprudence in calmly presiding over hundreds of issues brought before the board in that period; and, Kalispell City County Planning Board Minutes of meeting December 8, 1998 Page 3 of 4 Therese Hash, President WHEREAS, she has allowed fair, full participation of all parties on the issues, making sure that all testimony is appropriately presented to help the Board formulate its recommendations; and, WHEREAS, she instilled a spirit of comradeship in the Board that promoted ethical actions within the law; now, therefore, BE IT RESOLVED, that Therese Fox Hash be lauded by this board on its behalf and on the behalf of previous Boards for her sincere, devoted service to the cause of intelligent land use planning in this jurisdiction, and that this plaque be presented to her in appreciation and remembrance of her efforts. KALISPELL CITY -COUNTY PLANNING BOARD Therese Hash stated that she will miss the board and her position on it as she will not be back. There could be future conflict with her professional position. She thanked the board for the plaque and their efforts. She will miss everyone. She also thanked Steve Kountz and the FRDO staff, stating that all of the planners do an excellent job. The January meeting will begin at 7 p.m. Walter Bahr will also be leaving the board. He has served six years. The meeting was adjourned at approximately 7:48 p.m. Tricia Laske, Recording Secretary Approved as submitted/corrected: / /98 Kalispell City County Planning Board Minutes of meeting December 8, 1998 Page 4 of 4 FLATHEAD• . DEVELOPMENT STAFF■ • •- • A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding the annexation and initial zoning of The Willows Subdivision. A hearing has been scheduled before the Kalispell City -County Planning Board for December 8, 1998 beginning at 7 p.m. in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. Technical assistance: American Land and Development, Inc. Schwarz Engineering 343 1 st Av. W . Kalispell, MT 59901 B. Size and Location of Property: The 28.91 acres of land proposed for annexation is located on the east side of Willow Glen Dr. at the Kelly Rd. intersection. The site is the Willows Subdivision (renamed from Willowbrook Subdivision) which received preliminary plat approval on April 1, 1997 and annexation was required as a condition of subdivision approval. The legal description of the property is attached in Exhibit A. C. Existing zoning: The existing zoning is R-3 One Family Residential in the Flathead County Zoning Regulations. The R-3 district provides for single-family houses and minimum lot size of 10,000 square feet. D. Proposed Zoning: The proposed zoning is R-2 Residential in the Kalispell Zoning Ordinance. The R-2 district provides for single-family houses and minimum lot size of 9,600 square feet. E. Existing Land Use: vacant, preliminary plat approved for 87 lots F. Adjacent Land Uses and Zoning: North: Suburban residential, county R-2 zoning South: County shops complex, county P-1 zoning East: Leisure Subdivision, suburban residential, County R-2 zoning West: Meadow Park and Green Acres 3 Subdivisions, urban/ suburban residential, county R-5 and R-2 zoning G. General Land Use Character: The general land use character of the area is single-family residential to the north, east, and west, and mixed public uses to the south. H. Availability of Utilities: Water, sewer, electrical, and phone utilities are currently in place or being installed on this subdivision. Connection to City sewer and water was required as a condition of subdivision approval. 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. !- -. -i . I - The proposed zoning would substantially comply with the master plan. On the master plan map, this area is designated as suburban residential land. The existing and proposed zoning each provide for single family housing with equivalent minimum lot area of approximately 1/4 acre. The conventional dividing line between suburban and urban residential densities generally falls within the range of to'h acre lots. The master plan, adopted in 1986, is currently being updated, and the current draft of the plan update designates the site as urban residential land. 2. Is the requested zone designed to lessen congestion in the streets? No increase in traffic generation or congestion is anticipated from the zone change, since both the existing and proposed zoning provide for equivalent single- family residential land use and equivalent maximum density of 1/4 acre lots. 3. Will the requested zone secure safety from fire, panic, and other dangers? The annexation and associated rezoning will generally improve the level of emergency services to the site by providing for a staffed fire department and substantially more police staffing per capita and per size of service area. No increase in demand for emergency services is anticipated to result from the zone change, since both the existing and proposed zoning provide for an equivalent land use and maximum density. The site is not mapped as having floodplain or steep slopes. Preliminary plat approval required that the subdivision streets and hydrants be constructed to meet City standards. 4. Will the requested zone promote the health and general welfare? The annexation and associated rezoning will promote the general welfare of the community by improving the level of public services to the site, providing for orderly urban growth, and contributing to the City's tax base. 2 No significant impact is anticipated. Both the existing and proposed zoning districts include building setback and height standards that provide for adequate light and air between buildings. 6. Will the requested zone prevent the overcrowding of land and avoid undue concentration of people? No increase in overcrowding or concentration of people is anticipated, since both the existing and proposed zoning provide for equivalent land use and density. The proposed annexation and associated rezoning would improve the level of public services to the site, including municipal sewer and water service, publicly maintained streets, a staffed fire department, and substantially more police staffing per capita and per size of service area. Preliminary plat approval of the Willows Subdivision on the site required that the subdivision streets, drainage, hydrants, and sewer and water facilities be constructed to meet City standards. No increase in demand for public services is anticipated to result from the zone change, since both the existing and proposed zoning provide for equivalent land use and density. The site is approximately 1/a to 1h mile from the existing city limits, an unusual circumstance for annexation. Annexation by petition does not appear to require contiguity. The Kalispell Public Works Director and Fire Chief commented that the site could be suitably served by those departments and the location would not pose a significant hardship. To improve the efficiency of the City's service area, City Council may want to consider annexation of the properties along Kelly Rd. that are currently served by City sewer and water, lands which are between this site and the existing city limits. Waivers of protest to annexation have been filed by the owners of much of that land. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? No significant change is anticipated as a result of the rezoning, since both the existing and proposed zoning provide for equivalent land uses and density. The site is not mapped as having streams, floodplain or steep slopes. The Natural Resources and Conservation Service has mapped seasonal surface water on portions of the site. The staff report on Willows Subdivision explained that the drainage slough to the west at one time continued through this site, but filling has since altered and diminished that natural drainage pattern through the site. Preliminary plat approval of the subdivision required an engineered drainage plan to be approved by the City. 3 No significant change is anticipated as a result of the rezoning, since both the existing and proposed zoning provide for equivalent land uses and density. The proposed city R-2 zoning would be a transition in land use intensity between the more intensive county P-1 and R-5 zoning to the south and west and the less intensive county R-2 zoning to the north and east. The County shops complex, a quasi -industrial area with P-1 zoning, is south of the site. The Meadow Park Subdivision west of the site (zoned R-5) consists of urban residential lots. The lands north and east of the site have suburban housing and larger undeveloped parcels. The new zoning would conserve property values by maintaining the equivalent land use and density provisions of the existing zoning. Zoning in general also conserves property values by preventing development of incompatible land uses and density within a particular district. No comments from neighbors have been received as of this writing. 12. 'Ifill the requested zone encourage the most appropriate use of the land throughout• No significant change is anticipated as a result of the rezoning, since both the existing and proposed zoning provide for equivalent land uses and density. Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-98-7 as findings of fact and recommend that the City Council annex and adopt R-2 zoning on the site. Cl Water/sewer: Water and sewer lines are currently in place or being installed on the site to serve the Willows Subdivision. The subdivision proposes connection to City water and sewer service. The subdivision was required to install water and sewer facilities to be approved by the Kalispell Public Works Department; the plans have been approved but installation has not yet been completed or approved. Adequate capacity to serve the subdivision is available. Storm Drainage: Curb, gutter, storm sewer, and other drainage improvements are currently in place or being installed on the site to serve the Willows Subdivision. The subdivision was required to install engineered drainage facilities to be approved by the Kalispell public works department. Street and drainage plans have been approved but installation has not yet been completed or approved. Streets. Internal streets, including.sidewalk, curb, gutter, and street lights, are currently -in place or being installed on the site to serve the Willows Subdivision. The subdivision was required to construct streets in compliance with Kalispell Design and Improvements Standards. Street plans have been approved but construction has not yet been completed or approved. Upon annexation of the site and approval of the completed streets, the subdivision would dedicate the streets to the City to be maintained as City streets. Street maintenance would be provided on substantially the same basis and in the same manner as such services provided in the rest of the City. Garbage Collection: The City of Kalispell can and would provide solid waste pick-up for the site when this property becomes eligible for municipal service on substantially the same basis and in the same manner as such services provided in the rest of the City. Police/Fire: City of Kalispell Police Department and Fire Department will be available to provide services to this property upon annexation. Police and fire protection would be provided on substantially the same basis and in the same manner as such services provided in the rest of the City. Hydrants are currently in place or being installed on the site to serve the Willows Subdivision. The subdivision was required to install hydrants in compliance with a plan approved by the Kalispell Fire Chief. EXTENSION AND FINANCE STRATEGIES: The developers of the Willows Subdivision are responsible for constructing at their expense the subdivision's streets, utilities, and other necessary infrastructure to meet City standards. No special assessments for off -site improvements are anticipated at this time. Provision of City services to the site can be accommodated within the existing departments and are not anticipated to require special financing strategies. VA i November 9, 1998 Mr. Steve Kountz Flathead Regional Development Office 723 5t" Avenue East Kalispell, MT 59901 Re: Petition for Annexation - The Willows Subdivision 1 Ate+ 2'1 � 2-l Tracts -�� and 4,,,AA,, � � -�8-� Dear Steve: #4 Sunset Plaza, Suite 201 Kalispell, MT 59901 406.755.1333 • Fax 406.755.1310 APP'_ IGAT'r`�j T L fe IC,C J i' F. R. G. O. Submitted for your review and consideration are the following documents in application for annexation into the City of Kalispell for the above described property: 1. Petition for Annexation to City 2. Consent to Annex Agreement 3. Location Map 4. Application Fee This subdivision complies with the City of Kalispell R-2 zoning requirements and should therefore be re -designated as City R-2 upon annexation. If you have any questions regarding the enclosed information, please do not hesitate to call. Sincerely, CHWARZ ENGINEERING 1 Rdbert W. Stauffer Cc: Project File CASchworz Engineering\Project Files\ALD\Willows Subdivision\Steve Kountz - November 9, 1998.doc NOV le M" ue:u5p Schwarz Engineering 406-75 - 1 p. 1.1 C S � �})llulCl�����'' it i� - A v ��. ����• � � v Palk i / •/ ;��''•I I t,�1 { �`/ r .. Atr�. y J ) sc C. 16 TA SLr;l �i` �� l+ ���'' � i1 t�� � (✓ �+i'atKhous¢, ��-r._.�.�� .t��-1 �� v�\ V 1 ((// '� �1 I thi � � j � ,\,11 . .���� 1• .1 � : • I •I I __j ! � l -_ ;� •• _. � rryp�4� .GPI�a. I -,1� • • \��;+ :�` .{ . Ij . /1 ��V—^� : I \ i `�..r W L.L-0 W `yC fi\F{Dndge .-I t1VNZ PARK 'IUD 2S3 aa or --------- - --I t: i�3d�tc�a %or`est f �` i I�\\ `��, •.- SupervisorsCi i1atfrsg_'. n• \�` ,\ I a� Munrc:Pal \ ♦ u 1� `� _ ; t l - arpor O Sewage\ DM♦ - a I li\12; 20 tt ij \ I \�. C .• � •f —p ••. a :.jr::. 29 Traler ParkIf ,�, may'- �\ ¢ �..\ d--'- I •I �% ,.It 2917 G2v Pas : It , i � \ - SroraSe:ns8°®0" •. 2926 Si�S• ;, ----� � tKGcZ1 .oHaaq 8 \ -23ZS'II 29 Tower Li ii :i jr J � Ratl o l 2934,1J Trnver- `> 1932 r . uReda iwveris ---- _-� ti FlatheadCounty Board of Commissioners 41. 1 Howard W. Gipe Robert W. Wame Dale W. Williams April 1, 1997 PR 1997 Mr. Thomas R. Jentz, Director Flathead Regional Development Office � 723 Fifth Avenue East. Room 414 FIc$ Kalispell, Montana. 59901 IRE: Preli Binary Flat of W' ..; -LOW E 11 r-L SUBDIVISION Dear Mr. Jentz: On this date, the Flathead County Board of Commissioners reviewed the preliminary plat application for Willow Brook Subdivision. The Board of Commissioners has granted conditional approval to this request. A copy of the conditions, Exhibit A, is attached for your reference. This preliminary plat approval is in effect for three years and will expire on April 1, 2000. Please contact our office if you have any questions regarding this matter. Sincerely, BOARD OF COMMISSIONERS FLATHEAD COUNTY, MONTANA Robert . Watne, Chairman/ ' '4'1 1 Howard W. Gipe, Member Dale W. Williams, Member Attachment: Exhibit A c: American Land & Development Co. 74 First Ave. W.N. Kalispell, MT 59901 Flathead County Road Dept. Billmayer Engineering 2191 Third Ave. East Kalispell, MT 59901 Flathead County Parks Dept. 800 South Main ** Kalispell. Montana 59901 ** Fax (406) 758-5861 Conditions, upon which preliminary plat approval has been granted to Willow Brook Subdivision this date of April 1, 1997, are as follows: 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots, easements and roadways. 2. That the roadways within the subdivision shall be constructed in accordance with the adopted Standards for Designs and Construction, which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from the Kalispell Public Works Department shall be required stating that the improvements have been installed according to the required specification at the time of final plat approval. 3. A note shall be placed on the final plat reserving ten feet along the western boundary of the property for future right-of-way acquisition for the expansion of Willow Glen Drive. 4. That an approach permit for access onto Willow Glen Drive shall be obtained from the Flathead County Road Department. 5. The name of the subdivision shall be changed so as not to conflict with other subdivisions in Flathead County named Willow Brook and shall be approved by the Flathead County Plat Room. 6. The developer shall install a central mailbox location approved by the U. S. Postal Service and shall be indicated on the final plat. 7. That a 20-foot wide buffer area comprised of coniferous trees located on the easterly 10 feet of the buffer area boundary shall be provided along the western property boundary and around the parcel containing the existing building located on the southwest comer of the subdivision to provide screening, buffering and dust abatement. 8. That sidewalks shall be constructed on both sides of the street and there be a minimum five-foot boulevard space between the sidewalk and roadway that is planted with street trees at 50-foot intervals. Street lighting shall be located within the subdivision and shall be shielded so that does not intrude unnecessarily onto adjoining properties. 9. That a cash -in -lieu of parkland fee in the amount of $15,610.00 may be accepted if the developer can provide an agreement with the neighboring school to access and utilize their playground equipment and open space. Access from the subdivision to the school shall be provided by way of a pedestrian access easement which shall be located on the Conditions of Preliminary Plat/Willow Brook Subdivision Page 2 plat. Easements from the adjoining property owner(s) and school granting this use must be submitted with the final plat. If this is not viable, then a park shall be dedicated within the subdivision which is no smaller than 20,000 square feet and a cash -in -lieu of parkland in the amount of $12,738.00 shall be paid. 10. All utilities shall be installed underground. 11. A storm water drainage plan which incorporates the drainage easement along the south side of the property and the slough to the west shall be coordinated with the City of Kalispell and Flathead County and implemented accordingly. The storm water drainage plan shall be approved by the Kalispell Public Works Department. 12. That all water and sewer service and the plans and specifications shall be reviewed and approved by the Montana Department of Environmental Quality, the Kalispell Public Works Department, and the Kalispell City Council. 13. That a letter from the Kalispell fire chief approving the location and placement of the fire hydrants within the subdivision shall be submitted with the final plat. 14. That the final plat for Phase II shall be filed within two (2) years of final plat approval for Phase I. 15. That Phases I and II shall be annexed into the City prior to final plat approval. 16. That preliminary approval shall be valid for a period of three (3) years from the date of approval. BOARD OF COMMISSIONERS FLATHEAD COUNTY, MONTANA E,_= Robert W. Watne, Chairman Howard W. Gipe, Member