05. Resolution 4159 - Buffalo Stage AnnexationRESOLUTION NO. 4159
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, A TRACT
OF LAND DESCRIBED IN EXHIBIT "A", TO BE KNOWN AS BUFFALO STAGE
ADDITION NO. 257; TO ZONE SAID PROPERTY LOW DENSITY RESIDENTIAL
APARTMENT, RA-1, TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO
DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Perry Di.Loreto on behalf of DLC Homes of Montana, a Nevada
corporation, the owner of the property described in Exhibit "A",
attached hereto and thereby made a part hereof, requesting that the
City of Kalispell annex the territory into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Buffalo Stage No. 1, Addition No. 257, Report #KA-94-4,
dated June 28, 1994, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell and be zoned Low Density Residential Apartment, RA-1,
and
WHEREAS, based upon the Report of the Flathead Regional
Development Office and the recommendation of the Kalispell City-
County Planning Board and Zoning Commission, the City Council of
the City of Kalispell finds that the recommended zoning
classification for the territory is appropriate based upon the
following criterion:
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 request lessen 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.
1
Will the requested zone secure safety from fire, 2.a 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 zone 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.
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 sub-
division 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 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.
0
Will the requested zone avoid undue concentration of
pule?
?
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.
Does the requested zone give reasonable consideration to
the character of the district?
The properties in question are well suited for the type of
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 zone conserve the value of 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.
3
Will the requested zone 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.
WHEREAS, on the 3rd day of April, 1989 the City Council of the
City of Kalispell adopted, pursuant to Section 7-2-4610, Montana
Code Annotated, an Extension of Services Plan which anticipates
development of City services for approximately five years in the
future, and
WHEREAS, the City has caused to be developed a "mini -extension
of services plan", attached hereto as Exhibit "B" and thereby made
a part hereof, for the territory by this Resolution annexed to the
City of Kalispell, and
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Buffalo Stage Addition No. 257, subject
to annexation, including water, sewer, storm drainage, streets,
garbage collection, police protection and fire protection, and
WHEREAS, said "mini -extension of services plan" provides for
financing the extension of municipal services or maintenance of
existing services by utilizing funds allocated and expended,
pursuant to the annual City budget without incurring additional
bonded indebtedness, and
WHEREAS, Buffalo Stage Addition No. 257 is included within and
conforms to the Kalispell City -County Master Plan, 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 I. That all the real property as is more
particularly described in Exhibit "A", attached hereto
and thereby made a part hereof, shall be annexed to the
City of Kalispell and the boundary of the City is altered
to so provide.
SECTION II. Upon the effective date of this Resolution,
the City Clerk of Council is directed to make and
4
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 of Council, or on the
effective date hereof whichever shall occur later, said
annexed territory is part of the City of Kalispell and
said territory 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 be 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 Low Density Residential Apartment, RA-1.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS DAY OF , 1994.
ATTEST:
Amy H. Robertson
Finance Director
5
Douglas D. Rauthe, Mayor
County, Montana.
July 14, 1994
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5780
Re: Recommendation of Zoning for Buffalo Stage No. I 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 I 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
S CITY C '7a'm;'e_l a B. L e �ny
Vice -President
PBK/JJP/eo
Attachments: FRDO Report #KA-94-4 & Packet
c: Mayor Doug Rauthe
F:\...\TRANSMIT\KALISPEL\KA-94-4.257
Providing Community Planning Assistance To:
o Flathead County ® City of Columbia Falls * City of Kalispell e City of Whitefish
BUFFALO STAGE NO. 1 ADDITION NO. 257 - CITY ZONE REQUEST
RA-1 (COUNTY) TO RA-1 (CITY)
FRDO CITY ZONE REPORT #KA-94-4
JUNE 28, 1994
IrITMI.
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 I 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.
11
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.
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.
V.
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 aH applicable safety codes. No significant negative impact is
expected.
Will The Reauested Zone Provide For Adequate Light And Air?
The development standards of the zoning ordinance and subdivision regulations
(Le.: 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 Qf This
District?
Would The Proposed Zoning Conserve The Value Of The Buildings
Will The Requested Zone Change Encourage The Most AanroDriate 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 afavorable
recommendation to City Council for the requested zone change upon annexation.
r4i
EXISTING SERVICES:
Water: Municipal water lines serve these properties. The Evergreen Water and
Sewer District is currently serving this site.
Sewer: The Village County Sewer District is currently servicing this site.
Storm Drainage: Storm drainage was taken care of at the time of Final Plat.
Streets: The internal road system has been constructed and Whitefish Stage Road
is constructed.
M&ILgOwIlm
Police Protection: Currently the Flathead County Sheriff's Department.
Fire Protection: Evergreen Volunteer Fire Department.
ANTICIPATED SERVICE NEEDS:
Water: Municipal water lines serve these properties. The Evergreen Water and
Sewer District is currently serving this site.
Sewer: The Village County Sewer District is currently servicing this site.
Storm Drainage Storm drainage was taken care of at the time of Final Plat.
Streets: The internal road system has been constructed and Whitefish Stage Road
is constructed.
Garbaqe Collection: The City of Kalispell will not provide solid waste disposal service
-V for a period of at least 5 years, consistent with the
to the annexed territor
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.
AIRTs s/ 1
0
Buffalo Stage Phase I, in the E1/2, SE1/4, Section 31 &
SW1/4 SW1/4, Section 32, T29N, R21West, P.M.M., Flathead
County, Montana.
C OutirRY I
WAY
�\ I
` - •1 7z SOUTH I
�,PRO%'ERTIE
2
1 •� It S t � '
58 `o
1 r
r
1 / SR A
1 58
ti :a s
1 SBE
1 58pt 58i a
1 ' SSG Sad4 Sal i i�58F
1
,
I r
58A
i _ -
a
223
I6s ,as
!2z
R.,
�. � era � i�` / 9 ry7Its
r.� 1\f, t0 tr6 MS
`. 43LID � i n3 mr
1 o
a.ve 1—
�'''7 y rrs b s
2 LACIER 2OO
VILLA GE ze,7
a Ila �. 1ra ?0x
s GREENS as , e tos
tam. Mf Iva 7Q4
'COUNTY
`13G14
?
IV
ao?
i ss s
toa
M+s
si r zC i1
� t
14b II
raa � I
® 143
If
2a Sm
SUBJEC,rHIR zK
�Mf AID-
'••' _ C� V�_. SC7
VaRK l T'1 a 62k•! � _ i�Y_
i ,•��".;��'.;��,.�:•;`.,; z'••• . Y:• i;r q{.,' Sk '
r b . , 'S •Jff. .fIC. `• .. �•::•`G:•:..
bA '}•:. ;.;; :t3. .!;i•: ••ar•i •s5:;:�;li?::' �YSIBiIId \ a4\ 4�_
asddddd d \�\tp� az 2 3
1 --.. .'t•. St �. ® ®� \ 16013Y 3a.37:
ag
I.
'' 'zi •. :az•
.. : .. ssa fm \
:S iS4 6@RE
' w
'as -
tt 2y a0 gs • s2 !® il0 43� ddCOUNTYddd TR. a
`24 INVIEtH N
i s7 7i tzar
23 *� ER viEw ORS E •3 i ®®� z
s4 37 38 39 .0 4� a2 •3� _ �®
22 P A1S4}LL'. II _{, srarroRo sr. d1
V zt # 34 33 3z 30 29
ZO RIVE IEW1 3 k'aR t0s 'l0� i3 1,a tt3 32 3
RIVER VIU. 0011.1C. 'tllia1f 117 ,t♦ t�
a aq caRk ° s It is 1.5 2 o J` 9 toa L r 4
.4 E , 4 ' - w 7t 3t. . o
•° 3 MO, nor ' sus3ak oR ro �
Lot ® taa
its �
® I L o
1
t � - lotw
I taa z ,zt 1 4r 2s � •
1 I c 7tGk rick CO JRT dddttt®
1 ' aylf. t26 1 ba z
103 _
'331 is t t I" I as 10 7
IO AE3� L26 99
HI LC R TE S I Y9 63 26s
1 3 30 3s 37 3a 33 34 33 a
FAIRWAY BLVQ aIRcta3r2R IT 2
&-TOWNHOUSES .:L.s ar s 44 " 2'
•'+ 11 , L O 1 l 0 U I T 3
-94 t00 l01 93� 62 147
L o t 9 4up.-B .E�u»araR K r g a. v as S t \^
%%%'�7�.y.,,,,, i C
taa s+•• ����.{��'�p�_`}j�,7$�'��j'.�.jJ�® -13 15, � p 44 6 o sz '=t
t.y 6 � °a 33 �
sa ; 79 sz r' 54
QC[ c= f�
$3 sr °y r �. 75 d1 a ss
ra
St w d ,1+74 » s1
so 1®+� ra A73