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.
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