05. Resolution - Church of Latter Day Saints - Zone Change and AnnexationMay 19, 1995
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Re: Recommendation of Zoning for L.D.S. Addition No. 264
Dear Bruce:
Phone: (406)758-5780
The Kalispell City -County Planning Board and Zoning Commission met on May 9,
1995, and held a public hearing on the following agenda item:
A request by the Church of Jesus Christ of Latter -Day Saints for
annexation to the City of Kalispell with an initial zoning classification of
RA-1 (Low Density Residential). The parcel contains approximately 4.5 acres
located about 500 feet north of West Reserve Drive on the west side of
Whitefish Stage Road. The site is located in the SE4 of Section 5, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
During the public hearing, the representative for the applicant spoke in favor of
the requested zoning classification upon annexation. No one spoke in opposition.
By unanimous vote, the Commission adopted FRDO Report #KA-95-4 as findings of
fact, and 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. Council needs to wait for the minutes of the
Planning Board meeting prior to taking final action on this matter. However, this
does not preclude discussion at Council workshop. Please contact the Commission
or the FRDO if you have any questions.
Respectfully submitted,
KAL PELL CITY-COU TY PLANNING BOARD AND ZONING COMMISSION
T out%--,
Therese Fox Hash
President
TFH/JPP/eo
Attachments: FRDO Report #KA-95-4 & Packet
Amended Extension of Services Plan
Draft Minutes (5/9/95)
c: Mayor Doug Rauthe
w/o Att: Church of Jesus Christ of Latter Day Saints
F:\...\TRANS MIT\KALI S PEL\KA-95-4.264
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
I
L.D.S. ADDITION NO. 264 - CITY ZONE REQUEST
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The Church of Jesus Christ of Latter -Day Saints has petitioned the City of Kalispell
for annexation of a tract of land into the city limits of Kalispell. This is a report to
the Kalispell City -County Zoning Commission and Kalispell City Council. This report
evaluates the assignment of a City zoning classification as it relates to annexation
in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance.
The applicant has petitioned for a zoning classification of RA-1 (Low density
Residential Apartment). Presently, the property is zoned County RA-1, under the
Flathead County Zoning Regulations. The Kalispell Zoning Ordinance defines the
intent of the R-3 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.
PETITIONER:
Church of Jesus Christ of Latter -Day Saints
12th Floor
50 East North Temple Street
Salt Lake City, UT 84150
SIZE AND LOCATION:
Technical Assistance
John Peterson
Architects Design Croup
No. 1 Sunset Plaza
Kalispell, MT 59901
The property is approximately 4.5 acres located on the northwest side of Kalispell,
on the west side of Whitefish Stage Road approximately 500 feet north of West
Evergreen Drive. This site is located in the SE 1/4, of Section 5, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana. The property is specifically
described as Tract 2 of Certificate of Survey No.11027, records of Flathead County,
Montana. The address of the property is 1380 Whitefish Stage Road.
The property is currently vacant and zoned County RA-1. South and west (zoned
City RA-1) is being developed with residences in the Buffalo Stage Subdivision,
north (zoned County RA-1) is Edgerton School, east is zoned County R-5 and is
developed as an agricultural use. Whitefish Stage Road is currently improved as a
two lane Major Arterial which supplies primary access to the site; Buffalo Stage
Road could supply a second access to the site.
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.
EVALUATION (BASED ON STATUTORY CRITERIA
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 as "High Density Residential". RA-1 is considered in compliance with the
Master Plan.
Does The_Reguested Zone Lessen Congestion in the Streets?
Congestion in the streets is caused by an overburden of traffic on the street
system. The zone in this case would not cause undue congestion because traffic
generation is a function of the number of dwelling units that are allowed within
a given area. If the property is subdivided/developed it would be in a manner that
is equivalent to the existing County RA-1 zone. It should be noted that Whitefish
Stage Road is due to be upgraded. There is no schedule for this upgrade and
funding has not been accomplished. It would, however, be expected to occur
within the next 3-10years. This upgrade would probably require the road right-of-
way to be increased from 60 feet to 80 feet. Any development of this property
should take into account the increased right-of-way width of this road. With
proper site planning the property appears to be of sufficient size to accommodate
any additional right-of-way requirements.
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. Any
development of the property is subject to review by the City, and requires the
issuance of building, plumbing, and mechanical 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.
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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
City -County Master Plan would support the requested zone change. Designation of
this area as RA-1 would have little or no impact. Any traffic generation that the
proposed change allows would be mitigated at the time of development. Any
impact to stormwater runoff, sewers, and water would also be addressed at the
time of development proposals.
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, clearvision setback, roadway improvements, etc.)would
ensure that light and air are adequately provided.
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, Zoning and
Building regulations control 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 change would have no impact on 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 would ensure 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?
The additional demands for transportation, water, and sewer will be evaluated
pursuant to individual development proposals; existing infrastructure exists in the
3
vicinity (North Valley Sewer and Evergreen Water Districts) which should be able to
serve development of this property. Schools and parks should not be any more
impacted under the existing County zone than would be under the proposed City
zone. No significant negative Impact Is expected.
Does The Requested Zone Give Consideration To The Particular Suitabiiity Of The
Property Far Particular Uses?
The subject property is well suited for uses permitted within the RA-1 zone because
of availability of services and access to a major thoroughfare. The property Is of
adequate size for the type of uses permitted and conditionally allowed in the
proposed zone. No significant negative impact is expected.
Does The Requested Zoning Give Reasonable Consideration To The Character Of This
District?
The property in question is well suited for the type development anticipated under
the requested zone because of the topography, access, regional location, access to
schools, access to urban services, and size of the proposal. In addition the Master
Plan for the area anticipates this type of zone in this area. No significant negative
impact is expected.
Would The Proposed Zoning Conserve The Value Of The Buildings?
The subject request would not significantly impact buildings. There are no known
uses that would be affected by this zone. A change from County RA-1 to the City
RA-1 zone will not significantly impact, erode, or devalue the neighborhood beyond
the type of uses that are currently allowed or that exist in the area as this is a
lateral zone change. No significant negative impact is expected.
Will The Requested Zone Change Encourage The Most Appropriate Use Of The Land
Throughout The Jurisdiction? --
Appropriateness of a zone is determined by the Kalispell City -County Master Plan.
The Plan and the existing zoning classifications in the area identify this area for the
uses permitted within the requested zone. Therefore, the change would
encourage the most appropriate use of the land. No significant negative impact
is expected. The proposed City zone merely continues the property's zoning
classification from the County zone.
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 upon annexation.
FA ... tKA95-4ES.LDS
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PREPARED • ■
FLATHEAD REGIONAL DEVELOPMENT OFFICE
s •'
The subject property is within the Service Area Boundary of the City of Kalispell as
described by the Extension of Services Plan adopted by the City of Kalispell on April
3, 1989 (Resolution #3838). This broad -based extension of services plan together
with this "mini -plan" comprise the Extension of Services Plan for the LDS Addition
No. 264 annexation.
EXISTING SERVICES:
Water: Evergreen Water District has a 12 inch water line in Whitefish Stage. This
main should have sufficient capacity to serve this site when the connection is
made.
Sewer: A 12 inch sanitary sewer line exists in an easement at the west end of the
property. This line has sufficient capacity to service this property when the
connection is made.
Storm Drainage: There is not established storm drain system in the area all storm
drainage would be retained on site.
Streets: Whitefish Stage is a County maintained 60 foot arterial. It is a two lane
travel surface with no pedestrian access. The travel surface is worn and the street
gets congested. The upgrade of Whitefish Stage to an 80 foot right-of-way and
arterial design is a priority but no funding or time frame has been established. A
pedestrian trail from Reserve Drive to Fairway Boulevard Townhomes along
Whitefish Stage Road serving this site is scheduled for the fall of 1995. Buffalo
Stage is a newly constructed two lane City street which can provide a second access
to the development.
Garbage Collection: Available by contract from private companies.
Police Protection: Currently the Flathead County Sheriff's Department.
Fire Protection: Evergreen Volunteer Fire Department.
5
ANTICIPATED SERVICE NEEDS:
Water: Water supply would be able to be extended to the property from the
Evergreen Water District water line in Whitefish Stage Road. if not, a water main
must be extended to connect with a main of sufficient capacity to serve this
property or other alternative be installed. Capacity and any extensions would be
evaluated at the review stage of any development permit.
Sewer: Sewer would be fed into the 12 inch main in an utility easement at the west
side of the property and would feed into the City's sewerage disposal plant. This
disposal system would be evaluated during the review phase of any development
permit. The main has sufficient capacity at this time to service this site.
Storm Drainage: On -site retention and/or disposal of storm water will be evaluated
during the review phase of any proposed development.
Streets: Whitefish Stage Road and Buffalo Stage are two lane paved roads with
sufficient capacity to serve this site. It should be noted that Whitefish Stage Road
has been upgraded to major arterial status. This upgrade will require additional
right-of-way to a total of 80 feet. Any development of the property should address
any additional right-of-way needs of this upgrade.
Garbage Collection: The City has 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 substantially the same basis and in the same manner in which this
service is currently provided to the rest of the municipality.
EXTENSION AND FINANCE STRATEGIES:
The cost of extending such public services as police and fire protection are
expected to be negligible. 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. individual improvements to the property,
including the extension of the water line, sewer line, and stormwater management
improvements, will be the responsibility of the developer/landowner. 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.
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AMENDED
The subject property is within the Service Area Boundary of the City of Kalispell as
described by the Extension of Services Plan adopted by the City of Kalispell on April
3, 1989 (Resolution #3838). This broad -based extension of services plan together
with this "mini -plan" comprise the Extension of Services Plan for the LDS Addition
No. 264 annexation.
EXISTING SERVICES:
Water: Evergreen Water District has a 12 inch water line in Whitefish Stage. This
main should have sufficient capacity to serve this site when the connection is
made.
Sewer: A 12 inch sanitary sewer line exists in an easement at the west end of the
property. This line has sufficient capacity to service this property when the
connection is made.
Storm Drainage: A storm drain exists for the Buffalo Stage Subdivision inside the
City limits. This system exists to the northwest of the LDS Annexation; if there is
adequate capacity and depth this system may be used for disposal of stormwater.
The depth appears to be 5 feet below the surface, which is felt to be rather
shallow. If this storm drain system cannot accommodate all or a part of the runoff
of development of the annexed property, then that part that cannot be
accommodated would be retained on site.
Streets: Whitefish Stage is a County maintained 60 foot arterial. It is a two lane
travel surface with no pedestrian access. The travel surface is worn and the street
gets congested. The upgrade of Whitefish Stage to an 80 foot right-of-way and
arterial design is a priority but no funding or time frame has been established. A
pedestrian trail from Reserve Drive to Fairway Boulevard Townhomes along
Whitefish Stage Road serving this site is scheduled for the fall of 1995. Buffalo
Stage is a newly constructed two lane City street which can provide a second access
to the development.
Garbage Collection: Available by contract from private companies.
Police Protection: Currently the Flathead County Sheriff's Department.
Fire Protection: Evergreen Volunteer Fire Department.
5
Water: Water supply would be able to be extended to the property from the
Evergreen 'dater District water line in Whitefish Stage Road. If not, a water main
must be extended to connect with a main of sufficient capacity to serve this
property or other alternative be installed. Capacity and any extensions would be
evaluated at the review stage of any development permit.
Sewer: Sewerwould be fed into the 12 inch main in an utility easement at the west
side of the property and would feed into the City's sewerage disposal plant. This
disposal system would be evaluated during the review phase of any development
permit. The main has sufficient capacity at this time to service this site.
Storm Drainage: Retention and/or disposal of storm water will be evaluated during
the review phase of any proposed development. An existing storm drain system
exists in the area which may, in part, be utilized for storm water disposal.
Streets: Whitefish Stage Road and Buffalo Stage are two lane paved roads with
sufficient capacity to serve this site. It should be noted that Whitefish Stage Road
has been upgraded to major arterial status. This upgrade will require additional
right-of-way to a total of 84 feet. Any development of the property should address
any additional right-of-way needs of this upgrade.
Garbage Collection: The City has 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 substantially the same basis and in the same manner in which this
service is currently provided to the rest of the municipality.
EXTENSION AND FINANCE STRATEGIES:
The cost of extending such public services as police and fire protection are
expected to be negligible. 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. Individual improvements to the property,
including the extension of the water line, sewer line, and stormwater management
improvements, will be the responsibility of the developer/landowner. 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:\...\KA95-4ES.LDS Amended
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