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07. Resolution 4159 - Buffalo Stage Annexation723 5th Avenue East - Room 414 Kalispell, Montana 59901 July 14, 1994 Phone: (406) 758-5780 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Recommendation of Zoning for Buffalo Stage No. 1 Addition No. 257 Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met on July 12, 1994, and held a public hearing on the following agenda item: City of Kalispell initiated annexation with an initial zoning classification of RA-1, Low Density Residential Apartment. The property contains 26 acres located on the northwest corner of West Evergreen Drive and Whitefish Stage Road. The propoerty is further described as Buffalo Stage Subdivision Phase 1 and Buffalo Square Townhomes, in the E2SE4, Section 31 and SW4SW4, Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County. During the public hearing, one person spoke in opposition, voicing concern on the increase in taxes. No one spoke in favor of the zoning classification. After brief discussion, the Commission adopted FRDO Report #KA-94-4 as findings of fact, and voted 6-0 to recommend to the City Council that the subject property be zoned RA-1 upon annexation into the City of Kalispell. This recommendation for zoning is forwarded to the City Council for a subsequent public hearing and final action. Please contact the Commission or the FRDO if you have any questions. Respectfully submitted, ISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION amela B. en y Vice -President PBK/JJP/eo Attachments: FRDO Report #KA-94-4 & Packet c: Mayor Doug Rauthe F:\...\TRANS MIT\KALI S PEL\KA-94-4.257 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • BUFFALO'ADDITION ; A ! TO 4 " iD O! CITY ZONE REPORTa s r The City of Kalispell has initiated annexation of a tract of land into the city limits of Kalispell. This report evaluates the annexation relative to the assignment of a City zoning classification relative to the annexation in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The City has initiated a zoning classification of RA-1 (Low Density Residential Apartment). Presently, the property is zoned County RA-1 under the Flathead County Comprehensive Zoning Regulations. The Kalispell Zoning Ordinance defines the intent of the RA-1 Classification as follows: A residential apartment district to provide areas for multi -family use and compatible non-residential uses of medium land use intensity. it should be served with all public utilities and be in close proximity to municipal services and shopping districts. City of Kalispell 312 - 1st Ave East Kalispell, MT 59901 SIZE AND LOCATION: The property is roughly 26 acres located at the northwest corner of West Evergreen Road and Whitefish Stage Road. The property is also known as Buffalo Stage - Phase 1 and Buffalo Square. GENERAL LAND USE CHARACTER: The property consists of 51 lots and Parcel B. Most of Phase 1 is currently being developed with single family residences. An area (Lots 1-7) known as Buffalo Square is to be developed with townhomes. Parcel B is dedicated for park uses and is vacant. North (zoned County RA-1) will be developed as Phase 2 in addition, Edgerton School exists to the north; east (zoned County B-1 and R5) is vacant; to the south (zoned City R3) is developed as a residential subdivision; and to the west (zoned County SAG 10) is agriculture. Whitefish Stage Road is developed as a two lane road. 0 AVAILABILITY OF PUBLIC SERVICES: City water and sewer services are available in the area. A separately prepared "Extension of Services Plan" discusses the provision of public services to this property. Please see attached addendum. • +� The statutory procedure for evaluating zone changes is set forth by 76-2-303, M.C.A. Findings of Fact for the zone change request are discussed relative to the criteria described by 76-2-304, M.C.A. Does The Requested Zone Comply With The Master Plan? The subject property is within the jurisdiction of the Kalispell City -County Master Plan. According to the map of the master plan, the property is currently designated "High Density Residential", with a maximum density of 40 dwelling units per acre. RA-1 is in compliance with the Master Plan. Does The Requested zone Lesson Congestion In the Streets? Congestion in the street is caused by an overburden on the street of traffic. The zone in this case would not cause undo congestion because traffic generation is a function of the number of dwelling units that are allowed within a given area. The property is currently subdivided in a manner which precludes any further subdivisions. No additional traffic should be generated by this zoning designation. Will The Requested Zone Secure Safety From Fire, Panic And Other Dangers? Development within this zone is subject to development standards including: lot coverage, maximum building height; and the provision of off-street parking. Further, any development of the property is subject to review by the City's Site Plan Review Committee, and requires the issuance of building, plumbing, mechanical and electrical permits. These requirements and review processes help ensure that development of the property subsequent to the zone change is done in a safe manner. No significant negative impact is expected. Will The Requested Change Promote The Health And General Welfare? The general purpose of the City's zoning ordinance is to promote the general health and welfare and does so by implementing the City -County Master Plan. The Master Plan would support the requested zone change. Designation of this area as RA-1 would serve the Flathead region with additional residential development. Any traffic generation that the proposed change allows would have been mitigated at the time of subdivision development. In addition, this area has direct access to an existing major arterial. Any impact to stormwater runoff, sewers, and water have been addressed at the time of subdivision proposals and development. 2 The zoning ordinance provides a mechanism for public input and review for all zone change requests. This process offers an opportunity to ensure that any changes to the Official Zoning Map are done in the general public interest. Additionally, other review mechanisms are in place to ensure that development is in compliance with all applicable safety codes. No significant negative impact is expected. Will The Requested Zone Provide For Adequate Light And Air? The development standards of the zoning ordinance and subdivision regulations (i.e.: parking, landscaping, clear vision setback, roadway improvements) would ensure that light and air are adequately provided. No significant negative impact is expected. Will The Requested Zone Change Prevent The Overcrowding of Land? Overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the property. The Subdivision and Zoning Regulations controls the intensity requirements that a property can be developed with. Adequate infrastructure is in place or can be provided at the time of development to accommodate the land uses allowed in the requested zone. No significant negative impact is expected. Will The Requested Zone Avoid Undue Concentration Of People? Concentration of people relates to the land use permitted by a particular zone. The proposed zone change would not increase residential density in the area. Infra -structure exists or can be provided which supports the proposed change. The zoning ordinance covers the intensity of use that would be permitted in this zone. An undue concentration of people would result if the property is developed at a level which exceeds the environmental or service carrying capacity of the land which would not happen. The proposed zoning will insure that the site is properly developed. No significant negative impact is expected. Will The Requested Zone Facilitate The Adequate Provision Of Transportation, Water Sewer, Schools, Parks And Other Public Requirements? Any additional demands for transportation, water, and sewer will be evaluated pursuant to individual development proposals. Because of the existing subdivision and types of uses permitted in the zone, schools and parks should not be significantly impacted. No significant negative impact is expected. Does The Requested Zone Give Consideration To The Particular Suitability Of The Property For Particular Uses? The subject property is well suited for uses permitted within the RA-1 zone. The property is of adequate size and has adequate access to facilities for the type of uses permitted in the proposed zone. No significant negative impact is expected. 3 Does The Requested Zoning Give Reasonable Consideration To The Character Of This District? The properties in question are well suited for the type development anticipated under the requested zone because of the topography, access, regional location, and size of the proposal. No significant negative impact is expected. Would The Proposed Zoning Conserve The Value Of The Buildings? The subject request would not significantly impact buildings. If legally constructed buildings exist that don't meet the requirements of the new zone those buildings would be considered non -conforming. This non -conforming status would permit those buildings to continue as before. There are no known uses that would be affected by this zone. A change to the RA-1 zone will not significantly impact, erode or devalue the neighborhood beyond the type of uses that are currently allowed. No significant negative impact is expected. Will The Requested Zone Change Encourage The Most Appropriate Use Of The Land Throughout The Jurisdiction? The requested zoning classification would be consistent with the Kalispell City - County Master Plan. The Plan and the existing permitted uses under the zoning ordinance generally identifies this area for residential. The change would encourage the most appropriate use of the land. No significant negative impact is expected. The property is located in an area that is in a stage of transition, existing and proposed residential development are planned for the area. This zone change would facilitate an orderly development of related uses. It is staffs' opinion that the proposed RA-1 zone would serve the needs of the community by allowing residential development to occur in a manner that is commensurate with the services available to the area. it is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt this FRDO staff report as findings of fact and forward a favorable recommendation to City Council for the requested zone change upon annexation. FA... KA\KA94-4.B OF 4 Garbage Collection: The City of Kalispell will not provide solid waste disposal service to the annexed territory for a period of at least 5 years, consistent with the provision of 7-2-4736, M.C.A. The City does have the capacity and equipment to handle the needs of this site at the time it becomes eligible for municipal service. Police/Fire: City of Kalispell Police Department and Fire Department will be available to serve the tract upon annexation. They will be able,to provide "service" to this property on the substantially same basis and in the same manner in which this service is currently provided to the rest of the municipality. The cost of extending such public services as police and fire protection are expected to be negligible until such time as the property is fully developed. The general source of money to extend these type of services Is from the general tax revenues received from this property and other properties Inside the City limits. Any area -wide improvements relative to a comprehensive storm drainage system will be financed in part by the residents of the entire municipality and in part by special assessments for that purpose. F:\...\KA94-4ES.BUF 9 EXHIBIT "A" Buffalo Stage Phase I, in the E1/2, SE1/4, Section 31 & SW1/4 SW1/4, Section 32, T23N, R21West, P.M.M., Flathead County, Montana. =� ` 'COUNTRY I WAY •\ f :� g0t0 I d •, PROS PERTI i lb ice" � JB to t r• ./SAA 58 SJtTP3 38J SJtE : ; 3:G 9•s. s•J � � 18F z• o a P• r• as 90 xx a 1 NO IV so 92 {xl ° •s � � s n! !s . —5 ; x •. 9 ra •: n• rH '�'� to ✓ .3 o ns rr \ o 10 14NE z bft'3 in" INN Isom wall LAGER • `\ I. I3• VILLA GE fta na i3 t~ GIR _PJS r• Y tall 1 �T� lame. PLAT COUNTY P ASE hy, �n•I• co IV D A 1 ;I S. , 20. s. ". za � ; I•ca SUBJEctir 1, 1 ILL acts[ ( aco1 ,�, ca• �� -- — ::: PR s, P. ! *_, / \ • •• •sr.�• i bA }. :sa .la:•' 'fir:. ;G?:•::li}.: iaii#fl \ ss\ • v_. ��'�i:r -' •z z 3 i. • '.1•. �• '• �' 3• �! ® O \ i•,ta 39 30.3T SG= ' .K. Su \ Co- 8 08i 88�6® W 1 W r 2-3� so » 3 sz It• 3' o Fa sr -.. II T•- c -1 a. , 1 V, W R N ! :..r comer *. 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