07. Resolution 4212 - ROI Adopt, Revise or Reject Master Plan AmendmentRESOLUTION NO. 4212
A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT A RECOMMENDED
AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN.
WHEREAS, on the 7th day of April, 1986, the City Council adopted
the Kalispell City -County Master Plan by Resolution No.
3641, and
WHEREAS, William Lincoln, the owner of certain real property more
particularly described in Exhibit "A", attached hereto
and thereby made a part hereof, located within the
Kalispell City -County Master Plan area, on the loth day
of April, 1995, submitted a request for a proposed
amendment to said City -County Master Plan, and
WHEREAS, Kalispell City -County Planning Board and Zoning
Commission, on the 9th day of May, 1995, held a public
hearing, after due and proper notice, received public
comment upon, and received and evaluated the proposed
plan amendment in terms of environmental impact, site
potentiality and availability of services, and
WHEREAS, at the conclusion of said public hearing and after
consideration of the proposed amendment, the Kalispell
City -County Planning Board by resolution (KMPA-95-01,
pursuant to Section 76-1-603, MCA, recommended to the
City Council of the City of Kalispell, Montana and the
Flathead Board of County Commissioners that the request
for a proposed amendment to the Kalispell City -County
Master Plan by changing the land use designation of the
property described in Exhibit "A" from Suburban
Residential (0-2 dwelling units per acre) to Urban
Residential (2-8 dwelling units per acre) be denied, and
WHEREAS, the City Council of the City of Kalispell considers it
advisable that they consider the recommendation of the
Kalispell City -County Planning Board and adopt a
Resolution to Adopt, Revise or Reject a Recommended
Amendment to the Kalispell City -County Master Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That pursuant to Section 76-1-604, MCA, the
City Council of the City of Kalispell intends
to consider the revisions of the Kalispell
City -County Master Plan, as recommended by the
Kalispell City -County Planning Board, to
change the plan for the area set forth in
Exhibit "A" by changing the land use
designation from Suburban Residential (0-2
1
units per acre) to Urban Residential (2-8
dwelling units per acre).
SECTION II. That the City Council of the City of Kalispell
shall consider whether to pass a final
resolution revising the Kalispell City -County
Master Plan as set forth herein at a meeting
to be held on the day of ,
1995, at 7:00 P.M., at Council Chambers, City
Hall, Kalispell, Montana, and at the
conclusion of said meeting the City Council
will consider a Resolution to revise, reject
or adopt the proposed amendment.
SECTION III. The City Finance Officer is authorized and
directed to give notice of this meeting in
accordance with Section 7-1-4128, MCA.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1995.
ATTEST:
Finance Director
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Douglas D. Rauthe, Mayor
EXHIBIT "A"
Part of the South 1/2 of Section 4 and part of the North 1/2 of
Section 9, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
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Flathead Regional Development Office
723 5th Avenue East - Room 41.4
Kalispell, Montana 59901
May 22, 1995
Phone: (406) 758-5780
Fax: (406) 758-5781
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Stillwater River/Shady Lane
Kalispell City -County Master Plan Map Amendment
Dear Bruce:
The Kalispell City -County Zoning Commission met on May 9, 1995 and held a public
hearing on the following agenda item:
A request by Flathead Regional Development Office and Dennis Carver
on behalf of William Lincoln to amend the Kalispell City/County Master
Plan Map. This amendment would change the designation of
approximately 240 acres located on the north side of Conrad Drive
from Shady Lane to the Stillwater River and is bounded on the west
by the Flathead River. This site is further described as a part of
the S2 of Section 4 and part of the N2 of Section 9, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
John Parsons presented the staff report and recommended approval of the Master
Plan Map amendment.
Dennis Carver, technical assistant for the applicant, spoke in favor of the
requested zone change, stating that it was in conformance with the Master Plan.
Eighteen persons spoke in opposition to the requested master plan map
amendment. The opposing testimony felt the requested urban density was
premature to the LaSalle Road extension, and that the impacts to the roads,
schools, law enforcement, water and sewer services were greater than the ability
to provide for them. Opposition also included the need to limit development in
the floodplain and sensitive riparian areas, the impacts to the water quality and
wildlife, and the threat to the rural lifestyle.
The Board discussed the public testimony and expressed concern with the request
for a master plan map amendment to quadruple the density in the designated
floodplain, located between two river systems which serves as a major recharge
area for rivers and streams. It was felt that the ability of the water and sewer
services was not anticipated to handle urban density development in this area,
since the existing master plan identifies this area as suburban residential. The
Zoning Commission felt that a master plan amendment to designate the sensitive
floodplain area would have major impacts on the community and voted unanimously
to recommend denial of the request. Staff was directed to compose a Resolution
of Denial to be signed by the Chair. The resolution is attached.
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
Board of County Commissioners
Re: Stillwater River/Shady Lane Master Plan Map Amendment
May 22, 1995
Page 2
Our recommendation for denial is being forwarded to the County Commissioners
for another public hearing and final action. If you have any questions regarding
this matter, please contact this Commission or the Flathead Regional Development
Office.
Respectfully submitted,
KAL PELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/JJP/eo
Attachments: Resolution
FRDO Report #KMPA95-01 & Packet
Draft Minutes (5/9/95) (forwarded under separate cover)
c: w/o Att: William T. Lincoln
558 Wagner Lane
Kalispell, MT 59901
F:\...\TRANS MIT\...\FZC95-03.REC
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STILLWATER RIVER/SHADY LANE
KALISPELL CITY/COUNTY MASTER PLAN, MAP AMENDMENT
REPORT #/KMPA-95-01
APRIL 25, 1995
A report to the Kalispell City -County Planning Board and Zoning Commission, the Kalispell
City Council, and the Flathead County Board of Commissioners regarding a request for
approval of an amendment to the Kalispell City -County Master Plan map.
BACKGROUND
A. APPLICANTS:
William Lincoln
c/o Carver Engineering
1995-3rd Avenue East
Kalispell, MT 59901
Flathead Regional Development Office
723-5th Avenue East
Kalispell, MT 59901
B. SIZE AND LOCATION:
Dennis Carver, on behalf of William Lincoln, is requesting an amendment to the
Kalispell City -County Master Plan on Lincoln's property located on the north side of
Conrad Drive east of the Stillwater River. Because of the area wide implications of
a Master Plan Amendment the Flathead Regional Development Office is also including
the area from the Stillwater River to Shady Lane and from Conrad Drive to south of
Highways 2 and 35, more particularly described as part of the South 1/2 of Section 4
and part of the North 1/2 of Section 9, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana. The entire project area consists of approximately 240
acres.
C. NATURE OF REQUEST
William Lincoln is requesting an amendment to the Kalispell City -County Master Plan
to change the designation from Suburban Residential (0-2 dwelling units per acre)
to Urban Residential (2-8 dwelling units per acre) on his property located on the
north side of Conrad Drive east of the Stillwater River. Because of the area -wide
implications of a Master Plan Amendment the Flathead Regional Development office
is also requesting to make this change on the previously described 240 acres.
F. UTILITIES/SERVICES
Sewer: Evergreen Sewer District (Lincoln property not yet annexed
into or served by the District)
Water: Evergreen Water District
Solid Waste: Private hauler
Police: County Sheriff
Fire: Evergreen Fire District
G. EVALUATION OF REQUEST
The Master Plan is comprised of three major components: the text, master plan map,
and the goals and objectives. This request is for an amendment to the master plan
map. It is staffs opinion that no significant impact would result in the text if the
map were amended based on the following discussion. In addition, the goals and
objectives would remain the same and would support the amendment to the Map.
It is the overall purpose of the Master Plan to guide the growth of the area. This
growth includes residential of all types. In recent years the availability of housing
of all types has been in short supply, more particularly affordable housing. This has
been partly due to the lack of available more intensive residential zoning. Rezone
decisions are based in part on the Master Plan. When a request for a rezone is made
that has a density in excess of what is permitted by the Plan it becomes difficult to
recommend approval of the request. By amending the Master Plan to allow for
higher density two things can be done. One is to promote higher density close to
the City where the infrastructure can support those densities; and two, preserve
open space and agriculture in other more scenic/productive areas.
The goals and objectives of the Master Plan would support this amendment by
providing for the needs of the community. It is generally accepted that there is a
need for additional affordable housing. Increasing the density of an area reduces
the cost of that housing by spreading the improvement costs over more units. This
area is also bordering developed commercial areas along US Highway 2 and Montana
Highway 35. This situation would indicate that there is a need for additional housing
on the east side and buffering in the area.
While much of this area is in the 100 year floodpiain, it is already designated for
residential development. This modification to the Master Plan would increase the
gross density of this area from 2 dwelling units per acre to 8 dwelling units per acre.
Any development in the floodpiain is required to obtain a floodpiain development
permit. This proposal does not affect the amount of park/open space of the existing
Master Plan. The Park designation was included in this area to delineate
environmentally sensitive areas such as streams, drainage ways, and floodpiain to be
protected.
A subsection of the overall Kalispell City -County Master Plan is the Kalispell Area
Transportation Plan. This Transportation Plan outlined future arterial road upgrades
and connections. As part of the Master Plan the LaSalle Road connection to Conrad
Drive, and Conrad Drive, are anticipated to be upgrades/connections. Any
development that takes place along this corridor would need to take these
upgrades/connections into account. As can be seen on the attached map the LaSalle
Road extension would bisect the Lincoln property and its specific location would
have a significant impact on the properties to the north. This connection has been
taken into account in the design of the Shopko development using an 80 foot width.
infrastructure and services: roads, water, sewer, and other utilities and services exist
within or in close proximity to the study area. These short distances to the
infrastructure would reduce the cost of supplying those services to this area and
help reduce the impact on the environment. The reduction in travel time of the
police and fire should also help to reduce the cost of providing those services. The
further people live from infrastructure; the more and longer roads that have to be
built, the more roads have to carry more cars and trucks, the more maintenance the
road would require. Furthermore, water and sewer lines will need to be constructed
and maintained, if economically feasible to install, if not, then environmental
degradation may occur from prolonged groundwater mining and septic system
overuse.
Environmental degradation may happen when people move to the areas were infra-
structure does not exist. Groundwater degradation can occur through the overuse
of septic tanks and drain fields; surface water pollution can take place from the oil
dripping and tire ware of automobiles. This oil and rubber washes off the roads into
our streams and lakes during rainstorms. Additionally, air pollution may be
increased by the additional vehicle miles travelled, if individuals are required to live
further from where they work and shop.
SUMMARY
Summarized below are the issues involved with the Map amendment.
1. The amendment is in conformance with the Goals and Objectives of the Master Plan.
2. Any development of the properties impacted by the LaSalle Road extension would
have to take into account an 80 foot future right-of-way.
3. Development of the planning area should be uniform.
4. Urban services are available to the area.
5. A housing shortage exists in the Planning .Jurisdiction.
6. Environmental impacts due to this amendment would be less than that if
development takes place away from services and utilities.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board and zoning Commission
recommend approval of the Kalispell City -County Master Plan Map Amendment as requested
by William Lincoln and Flathead Regional Development office to the Kalispell City Council
and the Flathead County Board of Commissioners.
MSTRPLAN\KCCM P\KM PA95-1. LNC
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