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01. Resolution 4932 - Annexation - Heuscher - Stillwater Bluffs (Tabled 9/7)REPORT TO: FROM: SUBJECT Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Frank Garner, Interim City Manager Larry & Sandy Heuscher - Initial Zoning Upon Annexation of R-3 and R-4, Country Way South MEETING DATE: October 4, 2004 BACKGROUND: This is a request by Larry and Sandy Hcuscher for an initial zoning designation. of R-3, Urban Single Family Residential, and R-4, Two Family Residential, on approximately 12.45 acres. This matter was tabled at the September 7, 2004 meeting until this date. The property proposed for annexation lies on the west side of Country Way South, between Country Way and Granrud Drive. A request for preliminary plat approval of Stillwater Bluffs, a 32 Lot subdivision has been filed concurrently with the request for annexation and initial zoning. Currently the property is in the County zoning jurisdiction and is zoned R-1, Suburban Residential. The Heuscher's single family home is currently on the property and will be removed at the time the property is developed. A public hearing was held before the Kalispell City Planning Board at a meeting on August 10, 2004 regarding this proposal. Two people from the neighborhood spoke in opposition to the proposal and two people from the neighborhood spoke in favor. Objections were based on density and traffic. Support was based upon expansion of the City in this area and connection to sewer and water with new development. After the public hearing the board discussed the annexation. They agreed that it was reasonable for this property to be brought into the City and noted that there were other similar developments in the immediate area. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-3, Urban Single Family Residential, and R-4, Two Family Residential, upon annexation to the city, RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 and R-4 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Heusher Annexation and Initial ,honing September 28, 2004 Page 2 Respectfully submitted, Narda A. Wilson, Senior Planner Report compiled: September 28, 2004 c: Theresa White, Kalispell City Clerk Frank Garner Interim City Manager Attachments: Transmittal letter Staff report KA-04-9 and application materials Draft minutes from 8/ 10/04 planning board meeting TRANSMIT\KALISPEL,2004 \KA04-9MEMO RESOLUTION NO. 4932 A RESOLUTION T O PROVIDE F OR T IIE ALTE RATION OF T IIE BOUL 1qD "1Ri1 0 O THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HEUSCHER ADDITION NO.352; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Larry and Sandy Heuscher, the owners of property located on the east side of Country Way South between Granrud Lane and Country Way, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on the Heuscher's Annexation Request, #KA-04-9, dated August 2, 2004, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Single Family Residential, on approximately 2.75 acres of the 12.45 acres, and City R-4, Two Family Residential, on the remaining 9.25 acres upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property as described on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Heuscher Addition No. 352. SECTION 11. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall he entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance W1L11 LAID 1I-allspell L-�111 ing VAUu1QAAGG. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF OCTOBER, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricityrAcenturvtel.net www.tricitypianning-mt.com August 27, 2004 Frank Garner, Acting City Manager City of Kalispell P.O. Brix 1997 Kalispell, MT 59903 Re: Larry & Sandy Heusher - Initial Zoning Upon Annexation of R-3, Urban Single Family Residential, and R-4, Two Family Residential, Country Way South Dear Frank: The Kalispell City Planning Board met on August 10, 2004, and held a public hearing to consider a request by Larry 8v Sandy Heusher for an initial zoning designation of R- 3, Urban Single Family Residential, and R-4, Two Family Residential on approximately 12.45 acres. The property proposed for annexation lies on the east side of Country Way South between Granrud Lane and Country Way. The property is currently in the county and is zoned County R-1, Suburban Residential. Narda Wilson of the Tri-City Planning Office presented staff report KA-04-9, evaluating the proposed zoning. Staff recommended initial zoning of City R-3, Urban Single Family Residential and R-4, Two Family Residential which is consistent with current zoning of the area. At the public hearing the applicant and two individuals spoke in favor of the zoning of this property to R-3 and R-4 and 2 individuals spoke in opposition stating the density was too great, the road was inadequate to handle the increased traffic, and the safety of children who play in the area. After the public hearing the board discussed the request and a motion to recommend R-3 and R-4 zoning upon annexation passed on a unanimous vote. Please schedule this matter for the September 7, 2004 regular Kalispell City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding, this matter. Sincerely, Kalispell City .Planning Board Ge ge :yl r resident Providing Community Planning assistance To: • City of Columbia Fails • City of Kalispell • City of Whitefish Heusher Annexation and Initial Zoning August 27, 2004 Page 2 GT/NW/ma Attachments: petition to annex (original) Exhibit A - legal description Staff report KA-04-9 and application materials Draft minutes 8/ 10/04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att. Larry &. Sandy Heusher, 545 Country Way South, Kalispell, MT 59901 Montana Mapping Associates, 115 Valley View Drive, Kalispell, MT 59901 TRANSMIT/ KALI SPELL/ 2004 / KA04-09 Heusher Annexation and Initial Zoning August 27, 2004 Page 3 EXHIBIT A LARRY & SANDY HEUSHER ANNEXATION AND INITIAL ZONING OF R-3 & R-4 LEGAL DESCRIPTION Parcels 1 & 2 of Certificate of Survey No. 15145 in. Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 10, 2004 CALL TO ORDER AND ROLL' The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Rick Hull, George Taylor, Jean Johnson, Sue Ellyn, Anderson and Timothy Norton. Kari Gabriel and John Hinchey were absent. Nardi Wilson represented the Tri-City Planning Office. There -were � approximately 20 people in the audience. 3 Taylor stated that Kart Gabriel is replacing Jim Atldnsora on the Board, and that Atkinson will be sent a certificate of j appreciation for his service. APPROVAL OF MINUTES Norton moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of July 13, 2004. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. HEUSHER INITIAL ZONING A request by Larry and Sandy Heusher for an initial zoning UPON ANNEXATION designation of R-3, Single Family Residential and R-4, Two REQUEST Family Residential, on approximately 12.45 acres located on the east side of Country Way South between Granrud Lane and Country Way upon annexation to the City of Kalispell. STILLWATER BLUFFS A request by Larry and Sandy Heusher for preliminary plat PRELIMINARY PLAT approval of Stillwater Bluffs, a 32 lot residential subdivision I APPROVAL REQUEST on approximately 12.45 acres located on the east side of Country Way South between Granrud Lane and Country Way. E_ STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a RA-04-9 AND KPP-04-10 presentation of Staff Report KA-04-9, a request by Tarry and Sandy Heusher for an initial zoning designation of R-3, E Single Family Residential and R-4, Two Family Residential, on approximately 12.45 acres located on the east side of Country Way South between, Granrud Lane and Country Way upon annexation to the City of Kalispell, and KPP-04-10, a ' request by Larry and Sandy Heusher for preliminary plat 1 I approval of Stillwater Bluffs, a 32 lot residential subdivision.. Wilson stated this property was scheduled for a public hearing in June but it was withdrawn by the applicants. She said they are now requesting zoning, annexation, and preliminary plat approval. She said the property is located with Whitefish Sta e to the east and Glacier Comzxons Kalispeil CAN, Plannin4 Board Minutes of the meeting of August 10, '004 Pncw t idiS immediately to the east; Buffalo Stage is to the south, and Country Village is to the County R-1, Suburban Residential, which has a one acre minimum lot size requirement. She said all properuc5 UIORg �-OU11Lry vvay _- )Q lLLI vat tle WCtiL szae are in the county, and everything to the east is in the city. Wilson explained that the old Master Plan designated this area as High Density Residential and it is designated as Urban Residential, in the Growth Policy, which is a change from the old Master Plan. She said that Buffalo Stage was approved in the county and annexed into the city, and that some of that development was zoned but not developed at a higher density. Wilson explained that the city is growing in this direction as utilities become available. She said that Country Way is a County road until the southern boundary of lots 43B and 42, then it becomes a private road easement until it intersects Granrud Lane. Upon development to City standards the section of road abutting the subdivision would be dedicated to the City and open to the public. She said the City has shared maintenance agreements with the County, and maintenance would be coordinated with the County. Wilson stated that this is an approximately 12.5 acre parcel, and the applicants are asking for both single family and two unit townhouses in the development. She explained the property is 12.45 acres, with a loop road, and a cul-de-sac to the end of the property. She stated the Stillwater River lies to the west, so it is good view property; the slopes on the bluff will be part of the common area, and the topo lines show a few lots overlooking the bluff_ Wilson stated there are some two unit townhouses in the bluff area and the northern entrance, with some single family homes located at the other entrance. She said the steeper areas are designated as common areas and the homeowners park and the slope requirements do not exceed more than S percent, so the developers could create some park amenities there and that is the reason for the park condition in the staff report. Nilson explained that the slope is designated as common area to protect it from development, so the developers will leave the vegetation in its natural state; thhere may be some limited wildlife habitat in the area, and the Stillwater River lies to the west, but there should not be impacts with regard to erosion. She said there is a little bit of floodplain relating to the river, but this is well above that. She said that this site has easy storm water management, with a natural retention area to the north, and will act as drainage for the northern properties as well. She stated the property is in the Evergreen water district, with City sewer taken from the Glacier Commons subdivision to the east. KaiispOl City Plannina Board Minutes of the ineetinu ofAu�ust 110, 2004 ...€ lap' nc 15 Wilson said the subdivision will be accessed via Whitefish Stage Road, then down Country Way, which is a County road developed to rural standards; the private road will be upgraded to City standards to the southern terminus of the property, dedicated to the City and open to the public. The rest of the road will not be open to the public, but , development pressure will probably continue to move to the j south. She said the property owners have a single family home on the property now; they want to downsize and live in the new subdivision, and that lots 20A and B may be used either as a maintenance storage shed, a single family home or a residential lot; those lots need clarification, hence Condition 16 on the preliminary plat_ Wilson stated that a Homeowners' Association will be created � to take care of the common areas, with development covenants also enforced by there, not by the City. She said the Growth Policy designates this area as Urban Residential, with 4-12 dwelling units per acre, and must be served by municipal water &- sewer; this development will be about 2.4 dwelling units per acre. i She said the staff is recommending adoption of Staff Report 1 KA-04-9 and that this property be zoned R-3 and R-4, and adoption of Staff' Report KPP-04-10 and preliminary plat approval subject to the 17 lasted conditions. i QUESTIONS BY THE j Taylor asked what the differences were between, this proposal ' BOARD [ and the one withdrawn on June 9, because there are 2 more single family lots with this project. Wilson said there was a discrepancy in the topo on the 3 previous application, so the developer shifted lots a little bit and included the lots at the end over the bluff; they submitted a whole new application, so staff treated it as a whole new project. I Taylor asked Wilson if there was any way the City could upgrade all of Country Way South from the north terminus j to Granrud Lane prior to any more development taking place. 1 j Wilson said that it is a private easement outside of the boundaries of this subdivision, so it is not open to the public, and the property boundaries might explain it better. Lots 1 and 2 of Country Nay property lines go all the way through the roadway to the east boundary of Country Way South, so' the developers have an access easement from the adjoining property owners. She said that Stillwater Terrace is also a private easement and that the City could go through eminent domain, but it wont, and there is a lot of development potential in the area, but it would be incremental as development occurs and roads would be -oaid for by the Kalispell City Nanning Hoard Minutes of the meeting or August 10, _404 nh4P"oF1 developer. Hull asked about the gate at Granrud Large and if it was a permanent gate and hence there is no connection with Country Way. Wilson answered that is correct, there will be no connection E I to Granrud Lane because it is a private road easement not open to the public and that access roust be from Country Way, unless they could get an easement. She said the fire department will not require a secondary access, but if it did, those property owners stifle the project. She said it would be nice to have a secondary access, but it is not a requirement j and won't be recommended in the conditions. Hull asked if the road will be sealed. forever. Wilson said she did not know, and it would depend on future development and timing. i Taylor stated he would like to propose this issue for a work session on the Growth Policy. i i i Wilson said the board could make a recommendation to the city council on how this should be handled. i i Hull stated it would be shortsighted to allow that barrier to remain and we need those kind of connections. F PUBLIC HEARING The public hearing was opened to those who wished to speak 11 on the issue. ' APPLICANT/AGENCIES Rick Breckenridge, Montana Mapping, 1405 Highway 2 West, stated that the Heushers have lived on the property for 27 years, and want to retire in one of the townhouses on the bluff. He said there is a hookup to sewer, and they are proposing a lift station to hook on to Glacier Commons. He said that development out there has been slow, and the density of this subdivision is right in the middle of the range. He said the primary access is off of Whitefish Stage to the j east, and there are also two alternative access points off of Deserve Drive going through Country Way. He said they E missed one point on the topo and it skewed the whole model and so they did a redesign of the development, and the 1 maintenance/caretaker shop was added as a possibility; the property Owner intends to do the maintenance for a while. He said the developers intended intercont�ectivity when they built Country Way in 1978 and that this project would not have been attempted without sewer senrice, Breckenridge stated that their proposal protects the natural !� drainer, e; there are bier trees, and there is no staTjchng water Kalispell Cite Planning Board Minutes of the maing of � ugust 10, 2004 C]- .F .,i 1 5 in the area. He said the common area is heavily treed, and that lots of vegetation protects the slope down to the river. He said the proposal is in harmony with the desires of the Planning Board and the Growth Policy, with 4-12 dwelling units per acre, and the developers want to maintain the aesthetics of the area and that there are two alternative routes besides Whitefish Stage. He said this project best utilizes the land. PUBLIC COMMENT j The following spoke in support of the project: Sandy Heusher, 545 Country Way South, said they have lived there for 27 years, and they have seen lots of change and growth. She said her kids are gone and it is a lot of property to maintain; this will be the best use out of the property and they still want to live there. Brian Gardner, 525 Country Way South, neighbors of the Heushers, stated the development out front was no surprise, and then have full trust in the Heushers on this-aroiect; thev were a little disappointed, but the Heushers were free to make those decisions, and it not going to affect their relationship. He stated that County Way South used to be open to Granrud at one point in time, but all sorts of traffic used it without paying to maintain it; he said they now maintain it. He stated the gate is not locked, but it is semi- permanent, and that all public services were notified it was going up and there were no issues with any of the agencies. They put up the gate because the traffic was terrible, and it was a cut across for lots of folks, but anyone can get through in case of emergency. He said that Country Way South properties will see a lot more traffic if they open that gate. Greg Foley, 203 Fox Hill. Drive, Kalispell, stated that he has known the Heushers for a long time, the density in this project is very low for the area, and they have a vested interest because they are staying on the property. He said that people will be coming in off of West Reserve and Whitefish Stage, and that traffic concerns would be minimized. The following people spoke in opposition to the project: Brent Higgins, 640 Country Way, stated that he presented a petition signed by the vast majority of residents when the proposal first came forward and that the petition is still valid. He said that Country Village was not surprised by the development of the property, but they wanted something more complimentary to the neighborhood character and setting. They feel the density is too high, and that the area has historically been 1+ acre lots, and that development is moving north but not in those densities. He said that only Kaiispeil Citv Planning board Minutes of the rneeting of August 10. ''004 Page � fir 7 5 eight acres of the property are developable, and they axe much smaller lots than Glacier Commons or Buffalo Stage, with a 1%5 acre lot size. He said the density is too great, and ;` it will change the character of the neighborhood. He said the traffic issue will directly affect them and change their neighborhood, and the road was not created to handle this type of traffic; there are children who play in the area, and there is a rural setting on the road and it will all change now. He stated that South Country Way was closed because of traffic and now they will be getting traffic from another j neighborhood. He said the subdivision traffic should be routed out to Granrud and not their street. He said there is more potential for environmental concerns, and there are i potential runoff issues to the rivet-, and possibly species issues, because there is bull trout in some areas. He stated I they could live with some traffic if the density would match their neighborhood of one acre lots. E i Nathaniel Higgins, 640 County Way, said that he lives orl a two acre lot right by this property, and the road would be covered with traffic and he won't be able to play with his friends because the road will be busy, he will no longer be € aide to ride his bike to school and will have to be dropped off at school by a parent. Taylor asked B. Higgins to tell him more about the petition and when it was prepared. Higgins said the petition was done prior to the June meeting, and provided to Tri-City, and was signed by the vast majority f' of property owners in Country Village. He said many of them. were surprised by the proposal, and were unaware it was happening. He said the petition should have been given to ' Tri-City three days before the June meeting. No one else unshed to speak and the public hearing was [ closed. i The board took a five minute intermission. i MOTION Anderson moved and Johnson seconded to adapt staff report' -04-9 as findings of fact and, based on these findings; f recommend to the Kalispell City Council that the initial zoning be R-3 and R-4, Single and Two Family Residential, ; upon annexation to the City of Kalispell. BOA1ZD DISCUSSION Taylor stated that during the intermission he was given the petition that was talked about earlier. He said the original ` 3` pro_ject was taken off the agenda .for the June meeting, so the IE Board did -not see the petition and the petition was not resubmitted for this proposal. He said the Board has heard from sorne people who lure cite far from the development, Kaiisnell City Planning Board Minutes afthe meetinz of August 10. 2004 P-1ue, fi of 15 and that property owners within 150 feet are sent a certified mail letter giving them notice; that does not preclude them from speaking at the public hearing. He read into the record � uac �cuuv.it �lausxu� ia.aa�cc�j cia �vu�w�. { we the undersigned request the denial of the zoning change and preliminary plat for the Stillwater Bluffs development_ This proposed development does not match the character, density and historical makeup of the surrounding area. The i existing area is made up of large lot properties and zoned I County R-I. The recent annexation and zoning change for Glacier Commons was to RA-1. This would place an island of high density within the low density surrounding area. The' one acre +/- lots would be consistent with the neighborhood E and nothing higher than an RA- 1 should even be considered. The proposed access through Country Village Subdivision. for I a development of this density will double or triple the current traffic. The County Way road was not constructed nor designed for this level of traffic flow. Country Village will be 1 I heavily impacted, and its feel will substantially change with the burden of potentially 200 additional vehicle trips per day. l We therefore find the proposed subdivision unacceptable and � urge that it be reworked to be consistent with the I surrounding neighborhood and mitigate the impacts on the existing Country Village subdivision." I Johnson stated that the petition was for another submittal, not this specific submittal. He said he says he has a problem. CLi.......1] LIT .. 11 t LL wiui wards uxe vasE MaJOI- Ly i represent and many more folks"; none of this can be validated and should not be a part ( of the hearing. He asked, "how can Mr. Higgins say he represents the; vast majority?" and said he is disturbed when people say "vast majority" and "1 represent" without election , or direction,. He said we have no idea who these people are and he puts no validity in any of it. Taylor stated that R-3 and R-4 are within the parameters of the Growth Policy, and nothing states an R-3 or R-4 can't be I there. He said it may be preferred to be one or more acres, but the area was addressed in the Growth Policy and the 3 map shows just as much of an access from the west onto I ! Country Way as there is from the east. He stated that � perhaps Country Way was not intended to be a gathering street, but we can't stop what is happening, we just have to plan efficiently for it. He said we can't close off development, Hull stated we have; been through this before where County zoning meets City zoning, and having sewer means smaller Lots. He said there isn't much the board can do, and this is where the city is going, and it is not out of character, and he jsees no problem with this project. He said he does have concerns with the road being blocked off, and maybe some traffic calminz devices will be necessarv. %aiistiell Ciev Ptannin2 hoard Minutes of the meeting of August 10, 20€ 4 Page 7 of 1 Anderson said she had a concern with traffic onto Whitefish Stage, but based on the map, she feels people will use i Reserve too. Emergency access will not be a problem and the project could have been a lot bigger. She said the project will. look nice and she commends the Heushers, ROLL CALL i The motion passed unanimously on a roll call vote. MOTION Johnson moved and Anderson seconded to adopt staff report I j KPP-04-10 as Endings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat for Stillwater Bluffs be approved subject to the listed conditions. 3 bISCUSSION I� Taylor stated that Hull echoed his thoughts regarding Granrud Lane as another access and asked if their hands were tied unless the City goes with eminent domain. i Wilson stated the board could add a condition that would ; I encourage the adjoining property owners to acquire an easement along Country Way South for emergency access purposes, but she doesn't believe they would be willing to open it as a public street. She stated that future development t should solve the issue. � E Taylor said his concern was for general access, unless the City would condemn the property and pay fair market value I for it, then the City would have to upgrade it. Wilson said this was a matter of principle, and the City has not been willing to use eminent domain as a policy. She said i it was a philosophical issue. I Hull stated the board can go on record stating they will allow no more development to the south unless Granrud .Lane can be opened up and that we need adequate connections. ROLL CALL The motion passed unanimously on a roll call vote. RICE ZONING TEXT A request by William. C. Rice to amend the Kalispell �vning A E17I;MIENT REQUEST Ordinance to allow decks ess than 00 inches in height to be constructed in the setback areas in all residential districts. STAFF REPORT TA-04-5 Narda Wilson, with the ` `ri-City Planning Office, gave a i presentation of Staff Report. KZTA--04-5, a request by Wiliam. C. Rice to amend the Kalispell Zoning Ordinance to allow' decks 'Less than 310 inches in height to be -constructed in the setback areas in all residential districts. F Wilson said this is a requested amendment to the zoning ordinance as to how decks less than 30 inches an hei ht Kaiisueit C:tv PlanninE 3oard Minutes of the meeting of Nugust 10. -004 LARRY AND SANDY HEUSHER REQUEST FOR INITIAL ZONING OF R-3 AND R-4 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #AKA-04-9 AUGUST 2, 2004 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of R-3 and R-4 upon annexation to the city on property in northwest Kalispell. A public hearing has been scheduled before the planning board for August 10, 2004 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. BACKGROUND INFORMATION 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 owners have petitioned annexation and initial zoning classifications of R-3, Urban Single Family Residential, and R-4, Two -Family Residential. The property is in the County zoning jurisdiction and is zoned County R-1, a Suburban Residential district. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2- 4610, M.C.A., Annexation by Petition. A preliminary plat creating 32 Lots on approximately 12.45 acres has been filed concurrently with the petition to annex. A. Petitioner and Owners: Larry and Sandy Heusher 545 Country Way South Kalispell, MT 59901 (406) 752-3085 Technical Assistance: Montana Mapping Associates 115 Valley View Drive Kalispell, MT 59901 B. Location and Legal Description of Property: The property proposed for annexation lies on the east side of Country Way South between Granrud Lane and Country Way. The property address is 545 Country Way South and can be described as Assessor's Tracts 5H and 5HA in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: The property is currently in the County zoning jurisdiction and is zoned R-1, Suburban Residential. The suburban residential district is intended to serge as an area where limited density would be encouraged such as in the 100- year floodplain or on steep slopes or in areas where estate type development is anticipated and public water and sewer services are not available. D. Proposed Zoning: Two zoning designations are being proposed for this property to reflect the type of development being proposed. An approximately 2.75 acre area of the approximately 12.45 acres is being proposed to be zoned City R-3, Urban Single Fancily Residential, where lots for single family dwellings are planned. The remaining portion of the property is being proposed for City R-4, Two -Family Residential, to accommodate two unit townhouses within the subdivision. The R-3 zoning district is intended primarily for detached single-family dwellings. It has a miniriaum lot size requirement of 7.000 square feet and a minimirm lot width of 60 feet. Setbacks are 20 feet in the front and rear and ten feet on the sides. The R-4 zoning district is intended primarily for single-family dwellings, two unit townhouses and duplex development. The rnizLrnum lot size for the district is 6,000 square feet and a minimum lot width of 50 feet with setbacks of 15 feet in the front, 10 feet in the rear and 5 feet on the sides. E. Size: The property proposed for annexation and initial zoning contains approximately 12.45 acres. F. Existing Land Use: Currently this property is being used for a single-family residence where the property owners live. G. Adjacent Land Uses and Zoning: The immediate area is characterized by single- family homes on urban sized lots in the area to the east and single-family homes on the larger lots to the north and south. The Stillwater River lies to the west. North: barge lots with single-family homes, County R-1 zoning East: Single-family homes; City RA -I zoning South: Single family homes, County R-1 zoning. West: Stillwater River and ag land, County SAG-10 zoning H. General Land Use Character: The area can be described as an area in transition with urban sized lots to the east and south were public utilities have been extended to Glacier Commons and Buffalo Stage. Single family homes lie to the north in C'`nunty Village ubclivisinn and are larp-e. lots and there are larae. Ints to the south that are in the County. 1. Availability of Public Services and Extension of Services: Public services, including City water and serer can be provided to this site. Public water and sewer were extended into the area with other development in the immediate area. Water services are provided by the Evergreen Water District and sewer services are provided by the City of Kalispell. Water and server are to the east of this property in the Glacier Commons subdivision. Mains would be extended to service the property. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a charge in zooming 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. Does the requested zone comply with the growth policy? The property is designated by the Kalispell Growth Policy 2020 as "Urban Residential" which is defined as anticipating 4 to 12 dwellings per acre. Because of the plans for the provision of public water and sewer to the site, the proposed zoning designations are in compliance with the growth policy designation. .The property owners are proposing the creation of ten lots intended for single family dwellings and 22 sublots intended for two unit townhouses. A portion of the property is defined by steep slopes to the Stillwater River that lies to the west and a drainage swale to the north. The overall density of the 12.45 acre parcel is being proposed at approximately 2.57 dwelling units per acre. The proposed zoning complies with the type of development anticipated under the growth. policy. 2. Is the requested zone designed to lessen con estion in the streets? It can be anticipated that the proposed development of the property that will be associated with the zoning will increase traffic impacts in the area due to the undeveloped nature of the area currently. Traffic impacts to the area can be accommodated with the existing roadway systems at hand. The proposed re- zoning carries with it the checks and balances, including the need for subdivision review, which will ensure that traffic flows and access are appropriately addressed. The potential densities afforded by this zone will. not overtax the existing road system. 3. Will the re nested zone secure safety from fire anic and other dangers? At the time this property is developed, the property owners will be required to ensure that there are adequate accommodations in the case of an emergency. There are no features related to the property which would compromise the safety of the public. 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 is available to the property and will be utilized at the time another lot is created in the future. - V 4. Will the requested zone promote the health and general welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. S. ",Fill the requested zone provide for adequate light and anx? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone j2revent the overcrowding of land? As previously noted this area has been anticipated for urban residential development and since public water and sewer are available to the area the urban 'land use designation is appropriate. The anticipated density falls withiri the proposed zoning designations. All public services and facilities :v%11 be available to serve this property. An overcrowding of land would occur if 3 infrastructure were inadequate to accommodate the development in the area. This is unlikely to occur. 7. Will the requested zone avoid undue concentration of people? An increase in the number and concentration of people in the area will likely result alter this land has been converted from a very low density rural home site to a more intensive residential use. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of facilities would provide the structure needed to ensure that there will not be an overcrowding of the land or undue concentration of people. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is further developed. S. Will the re uested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? r'l.lfJll{: seIViL'e, lii(:111E.1CJ a41E1 VUlJUItI iJC lllc€C1C aVc1licClJ1C to C11C developer. The developer would need to extend the needed City services that are not currently extended to the property at the developers' expense and in accordance with the City's policies and standards. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with City policies and standards at the developers' expense thereby insuring that there is adequate provision of services to the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the City. Ail. public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone give consideration to the particular suitability of the Property for particular uses? The proposed zoning furthers the long range development plans as _reflected in the recently adopted Kalispell Growth Policy for this area and provides opportunities for housing in a development that is compatible with surrounding land uses with the extension and provision of public services within reasonable proximity to the City core. The proposed zoning will provide the basis for the future land uses on this property, in accordance with the Kalispell Growth Policy. This rezoning gives great consideration to the suitability of this property for the proposed use and concurrent zoning proposal. The proposed zoning is consistent with the anticipated land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. 4 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is transitional between the urban and rural fringes of the City limits. The proposed zoning alloys this development to address needs within the community for housing and support services on public services and in reasonable proximity to the City core. Recent annexations in the area indicate that this type of development will continue to occur on the urban fringes of the community to be developed with similar types of uses as is proposed with this property, i.e. urban residential rather than rural. It appears that the proposed rezoning gives reasonable consideration to the character of the district. 11. Will the vrovosed zone conserve the value of buildings? There is a single-family residential subdivision to the north developed with larger lot sizes. The development anticipated under the proposed zoning is more intense in nature than that of other properties in the areas to the north and south because of the availability of public services and utilities. However, the City standards will erasure that there is high quality development that will ensure the value of buildings and homes is protected, maintained and conserved. Value of the buildings in the area will be conserved because the zoning will promote compatible and like uses on this property as are found on other properties in the area. 12, Will the requested zone encourage the most qppropriate use of the land throughout the municipality? Urban scale residential development should be encouraged in areas were services and facilities are available such as is being proposed on this property. The proposed zoning is consistent with the master plan and surrounding zoning in the area. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board. and Zoning Commission adopt findings g f.-u�F'l'rep report #I i -(14-9 and recoTiil.�'i'iend to late Kalispell City Council that ili.i; �it'i�.uTt S in s�cua a t, i}� � rr� v the initial zoning for this property upon annexation. be R-3 and R-4 as proposed. Mv. REPORTS \KA\KA04-9A..D0C 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 LwVe .F 3 r `= _ Rural Fire District under the provisions of Section 7�-33-2127, Montana Code A notated; 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 rein 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. Patti©elOwner Date Petitioner/Owned Date Please return this petition to: Tri-City Planning Office 17 2nd St East,_ Suite 211 Kalispell MT 59901 NOTE: You must attach an Exhibit A that provides a bona tide legal description of the property to be annexed that has been reviewed and certified by the Flathead County Plat Room. STATE OF MONTANA ) ss County of Flathead County On this r° day of i"�, "_ ' G, before me, the undersigned, a Notary Public for the State of Montana, personally appeared = .r"�� ' .�-� 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'Pfibffc, State of Montana Residing at ei - ' My Commission expires: d�zlo& STATE OF MONTANA ) County of Flathead County On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to nee to be the person whose name is subscribed to the foregoing instrument and acknowledged to one 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. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: On this day of , before me, the undersigned, a Notary Public for The State of Montana, personally appeared and , the , and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation 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 Residing at My Commission expires 1292-1 BE= tog, / XJ Y9 14-05OR490 K "0 V . yyY . ... . ... . . . . . . . . . . . . . . . . . . . . KAA,10 [KEAN a nA i� 43A 43B 42 41 36 5E O� 29. 30 21 23 25 .32 '33 :24 29 29 31 32 24 57 63 :64'65 23 50 al 68. 62! 49 4 37 f 34 26 61 50 5 -- 421 79 70 60 51 477 5 t ao 78 52 4 5 38 45 7 3 177 - - 44 39 3 54 I , — 47 38 COUNTYSAG10 2 5L 57 43 40 4 9 17 75 74' 56 55 42 41 16 44= 41 14 13 42 15 10 9 87 10 7 6 43 5AA,,,, 4i=02131nol 5B 59 7 . -(65 7�64 69121 122 123 124:16 125 J26-127 1ps j,�; I A 157 6 671 117 5BH:5BI'�- 4 -iM 5BG 513JA1 SRJI SBE,56 14 3F 71 104 105 55 .54 --V, 06107 108109.1ic- j02 101ton 5G 53 61, 9 7 5J PARCEL 73i � 3BA 5 'go �91 ;92,93949 .1 87.:86� 50 f 49 47 '76 77 79 tB 46 7A 48\ - F f Q _�44 45 B IA Aq' p- 1 "VICINITY MAP .MARRY & SANDY HEUSCHER T REQUEST FOR ANNEXATION & INITTAi-1 ZONING OF R-3, URBAN SiNGLE FAMILY RESIDENTIAL, AND R-4, TWO IT U FAMILY RESIDENTIAL, FILED CONCRRENTLY WTrT'H P -Ey -PT.AT RELIMT ?LOT DATE. 5/ 12/04 FIL&#' KA-04-9 SCALE 1"' = 5500 H:\gis \site\k-a04-3.dwg