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4. Flathead Village Greens Annexation and Initial ZoningFLATHEAD TILLAGE GREENS REQUEST FOR INITIAL ZONING of R-2 UPON ANNEXATION STAFF REPORT #KAW07-9 KALISPELL PLANNING DEPARTMENT JUNE , 2007 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the request for initial zoning designations of R-2 upon annexation to the City of Kalispell on a 131.E acre property located immediately north of the intersection of Highway 93 North and Wild Pixie Drive, on the west side of Highway 93. A public hearing has been scheduled before the planning board for June 12, 2007, 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. A. Petitioner and Owners: Technical Assistance: Flathead Village Greens 500 Palmer Drive Kalispell, MT 59901 (406) 756--5077 Sands Surveying Inc. 2 Village Loop Kalispell, MT 59901 (406) 755--6451 B. Location and Legal Description of Property: The property proposed for annexation lies along the west side of Highway 93 immediately north of the intersection of Highway 93 North and Wild Pine Drive, on the west side of Highway 93. The property can be described as Assessor's Tracts 4 and 5 in Section 13 and Assessor's Tract 6 in Section 24, Township 29 North, Lange 22 West, P.M.M. , Flathead County, Montana. Imo, E7isting Land Use and Zoning: The property is currently in the County zoning jurisdiction. and is zoned AG-40, Agricultural, a zoning designation that has a 40- acre minimum lot size requirement. The purpose of the AG-40 zoning district is to protect and preserve agricultural land for the performance of a wide range of agricultural functions. It is intended to control the scattered intrusion of uses not compatible with an agricultural environment, including, but not limited to, residential development. It is also intended to serve as a holding zone keeping large tract ownerships in tact on the fringes of the city in anticipation of future urban expansion. The majority of the property is currently being used for agricultural production. D. Adjacent Land Uses and Zoning: North: Silverbrook under construction, City R-2 PUD zoning East: Single --family homes and agricultural land; County SAG-10 and County B--1 zoning South.: Single-family homes and golf course; County SAG-10 zoning. West: Single-family homes and agricultural land; County SAG-- 10 zoning E. [general Land Use Character: The area can be described as changing from an agricultural and rural residential development and densities to more urban densities as surrounding lands annex into the city. As shown above, the land immediately north of the site is now within city limits. This land is zoned R-- 2 with an approved preliminary plat to create primarily single-family homes. within the last month land immediately southeast of the project site, across Highway 93, has also been annexed into the city limits with the R-2 zoning district with. a PUD overlay on it as well. with land to the north and southeast of this site in the city limits this area is quickly changing from a once rural setting to urban development. F. utilities and Public Services: Severer: city of Kalispell water: city of Kalispell Refuse: Private contractor Electricity: Flathead Electric cooperative Gas: Northwestern Energy Telephone: C enturyTel Schools: school District #5 Fire: Kalispell Fire Department Police: city of Kalispell Figure 1: View of the project site looking southwest. The trees in the background are located in the area of the Stillwater River. EVALUATION BASER ON STATUTORY CRITERIA FOR INITIAL ZONING The statutory basis for reviewing a change in zoning is set forth by 76--2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76--2--304, M.C.A. and Section 27. 30.020, Kalispell Zoning Ordinance. 1. Does the requested zone comply with the growth policy','. 2 On August 7, 2006 the Kalispell City Council adopted resolution 5129E which amended the Kalispell Growth Policy Future sand Use map north to the intersection of Highway 93 North and Church Drive. On the amended land use map the 181.6 acre project site is designated Suburban Residential with typical densities of up to 4 dwelling units / acre. The zoning designation being proposed for the project site is R-2, Single Family Residential, which is consistent with the suburban Residential Growth Policy map designation. The R-2 zoning district is intended primarily for detached single- family dwellings. It has a min; mum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. setbacks are 20 feet in the front and 10 feet on the sides and rear. The requested R-2 zoning provides a typical maximum density of 3.5 units per acre. The Kalispell Growth Policy 2020, Chapter 3. Policy 9 states in part that suburban housing densities should not exceed two to four dwellings per gross acre in areas designated Suburban Residential. Subsection b of Policy 9 further states that the suburban residential designation is intended to reduce density and development impacts in sensitive areas and existing rural neighborhoods. The proposed R-2 zoning district limits the land uses to primarily single --family residences with a density of approximately 3.5 dwelling units per gross acre. The proposed R-2 zoning district is consistent with the Suburban Residential land use designation and implement the policies regarding suburban Housing as found in Chapter 3 of the Kalispell Growth Policy. Based on the above cited policy in the Kalispell Growth Policy the requested zoning districts can be found to comply with the existing land use designations and the growth policy. 2. Is the requested zone designed to lessen con estion in the streets? It can be anticipated that the proposed zone change of the property will increase traffic impacts in the area due to the relatively low density afforded to the project site based on the current zoning and the relatively higher density allowed under the proposed zoning districts. If the requested R-2 zoning is approved, as part of the future development proposal on the site the developer will be required to conduct a traffic impact study. The study would provide possible mitigation measures to the increase in traffic the development proposal will have on existing streets and specific access acts to US 93. Based on the approved traffic impact act study and through the subdivision review process, conditions will be recommended to insure that existing streets are upgraded and new traffic routes are provided to lessen congestion in the streets. In addition, within the next 13 months the Montana Department of Transportation will begin to expand US 93 to a 4-lane configuration with an interchange at Church Drive. This would help to alleviate existing traffic conditions in the area. 3. Will the requested zone secure safety from fire, panic, and other dangers? At the time this property is developed, the property owners will be required to insure that there is adequate infrastructure in the case of an emergency. There 3 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 severer service is available to the property and will be utilized at the time another lot is created in the future. 4. will the requested zone romote 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. 5. will the reguested zone provide for ade uate light -and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell zoning Ordinance to insure adequate light and air is provided. 6. will the requested zone prevent the overcrowding of land? As previously noted, this area has been anticipated for residential development based on the city's growth policy land use map. The anticipated densities of the proposed zoning districts fall within the land use designation for the site. All public services and facilities will be available to serve this property. An overcrowding of land would occur if 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 after this land has been converted from county agricultural zoning 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 utilities would provide the infrastructure needed to insure 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. Will the re uested zone facilitate the adequate provision of trans p ortation water sewerage, schools Parks, and other ublic requirements? Public service, facilities and infrastructure would be made available to the 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. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. All public services and facilities are currently available or can be provided to the property. 9. Does the -requested zone give consideration to the particular suitability of the 4 property for particular uses The 181.6 acre site is fairly level throughout with some steep slopes along the Stillwater River which makes up the western boundary of the project site. As stated previously, Chapter 3, policy 9 (b) of the Kalispell Growth Policy states that the suburban residential designation, the current land use designation on the project site, is intended to reduce density and development impacts in sensitive areas. The proposed R-2 zoning district would limit the use and residential density on the project site to what could be considered suitable for the 181.6 acre project site. As part of the subsequent review of a subdivision project on this site the review includes addressing impacts to the public's health and safety. steep slopes would fall under this category and modifications to a future development plan may be required to address issues pertaining to the steep slopes. 10. Does the reguested zone 've reasonable consideration to the character of the district? The general character of the area is agricultural in nature today however this is quickly changing to more intensive residential development. The proposed zoning allows this development to address needs within the community for housing and support services on public services and in reasonable proximity to the city core for the future. Availability of public water and serer to 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. suburban or urban residential rather than rural or agricultural uses. It appears that the proposed rezoning gives reasonable consideration to the character of the district. 11. will the proposed zone conserve the value of buildings. The development anticipated under the proposed zoning is more intensive than the land uses currently surrounding three sides of the site accept. However, the area is in the path of expansion by the city. The site immediately abuts the Silverbrook subdivision located along a portion of the project site's northern boundary. city standards will insure that there is high quality development which will insure 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 appropriate use of the land thr_ oughout the municipality? Residential development is encouraged in areas were services and facilities are available or can be extended to serve such development such as the subdivision being proposed in conjunction with the annexation and initial zoning request on this parcel. The proposed zoning is consistent with the growth policy plan. 5 RECOADMNDATION Staff recommends that the Kalispell City Planning Board and zoning Commission adopt staff report KA-07-9 and recommend that initial zoning of the 181.E acre site be R-2 as shown on the zoning district map for the property. 6 City of Kalispell Planning Department 17 - 2nd Street East, Suite 211. Kalispell. Montana 5990 t Telephone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INULAL ZONING NAME OF APPLICANT: Flathead Village Greens MAIL ADDRE S S . /�eg�.. Cr Y/STATEIZIP: ell MT 59901 PHONE: (406) 752-5666� INTEREST IN PROPERTY: Own Other Parties of Interest to be Notified: PANTIES of ST: S Survevina..Inc MAIL ADDRESS: 2 VilIggLLgM CITY/STATE/ZIP: I all MT 59901 PHONE:��,�4afi 755�d4� l 04TEREST IN PROPERTY: ons tant PLEASE COWLETE THE FALLOWING: A. Address of the property: Highway 93 N rth(Addrgs has n etbgen iven ___j E. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number (Section, Township, Ranged Assessor's Tracts 4 and 5 in Section 13 and Tract- 6 zn,Section 24, jownigk 29 ojA &Vge 22 west. (Attach sheet for metes and bounds) C. and in zone change (ac) 181.637 Acres D. The present zoning of the above property is: AG-40 Highwav 93 North ZD E. The proposed zoning of the above property is: R-2 &tgpell with PUD Ovolay F. State the changed or rhwgi g; conditions that make the proposed amendment necessary: The pratpertv_i-face t and to the south of theilver. Brook development that was recentl zoned and annexed into -the, Lty Limits of Ialis ell, with the annexation an la ttin of the propga to then c' wer an water semces will vail le f r urban. d vela meat. The Ck of Kali ell included the subiect proveM in the l hwa 93 North Growth Palle Amendment ad t .Sd in AuguA.of of . nLe -Mispell., Growth Folic d si gnates the roe urban Midentigj with a density ran. a ofthe 3 to 12 units per acre. The D=osed R,2 PM.zoninz deaim Lion will allow w to 5. unitsver acre. The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell planning staff to be present on the property for routine inspection during the annexation process. (Applicant) (bate) Return to: Theresa white Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE of WrrHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter refereed 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 mailable 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 7-24610, M. C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the West �T� Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kal.ispelL the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. 7/<, 1, /0 - -- W Petitioner/Owner ate Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed,, STATE OF MONTANA ) ss County of Flathead County On this day of Ct�ZD�1%before me, the undersigned, a Notary Public for the State of Montana, per na11y appeared 6-0u2 Gn 5 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 wed my Notary Seal the day and year in this certificate first above written. � 114' "7 Notary Public, State of MVI ta Residing at , My Commission expires: �� Exhibit A DESCR] PTION: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTH HALF OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24 any. IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER. OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST., P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northwest corner of the Southwest Quarter of the Southeast Quarter of Section 13, Township 29 North, Range 22 west, P.M.,NL. Flathead County, Montana which is a found iron pin; Thence along the north boundary of said SW 114 SE 1 /4 N8 9° 31 ' 07"E 13 3 4.15 feet to a found iron pin and the northeast corner thereof; Thence along the east boundary of said SW 1/4 SE 1 /4 S00 ° 12' 40 "E 45 8.62 feet to a found iron pin; Thence SOO'O YO "E 29.77 feet to a found iron pin; Thence SOO°21'44"E 29.94 feet to a found iron pin; Thence S00°04' 18"E 805.30 feet to the southwest carrier of the Southeast Quarter of the Southeast Quarter of said Section 13; Thence along said boundary N8 9 °21 ' 5 3"E 141.34 feet to a found iron pin; Thence N89°3 8' 267E 276.37 feet to a found iron pm; Thence N89°33' 3 5"E 462.49 feet to a found iron pin; Thence N89°34'22"E 322.94 feet to a set iron pin on the westerly Rlw of U.S. Highway 93 which is on a 5872.70 foot radius curve, concave northeasterly (radial bearing N86045'33"E); Thence southeasterly along said curve and along said Rfw through a centrral angle of 04°23'07" an arc length of 39.48 feet to a set iron pin: Thence S03°37'34"E 298.52 feet to a set iron pin and the P.C. of a 5610.24 foot radius curve, concave southwesterly, having a central angle of 02°40' 15"; Thence along an arc length of 261.52 feet to a set iron pin; Thence S 13° 15'09'"E 140.72 feet to a found aluminum cap; Thence SOO° 1.6'3f"E 582.94 feet to a found iron pin on the south boundary of the Norte. Half of the North. Half of Section 24 of said Township 29 North, Range 22 west; Thence along said boundary S89a31' 13"w 3819.81 feet to the approximate centerline of the Stillwater River-, Thence along said centerline the following twelve (12) courses: N42"00'00"E 92.34 feet; N62130'00"E 260.00 feet; N04°30'00"E 210.00 feet; N25°00'00"w 220.00 feet; N09QOO'00"w 570.00 feet; N16000'00"w 220.00 feet; N04°00'00"E 130.00 feet; N35°30100"E 220.00 feet; N27°30'00"E 350.00 feet; N21° '00"w 192.00 feet; N46100'00"w 400.00 feet; N29000'00"w 222.36 feet to the north boundary of the Southeast Quarter of the Southwest Quarter of said Section 13; Thence along said boundary N8903 I'20"E 1312.66 feet to the point of beginning and containing 181.637 ACRES; Subject to and together with all appurtenant easements of record.