06. Resolution 4255 - Triangle Development - Annexation and ZoningRESOLUTION NO. 4255
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 AS ASSESSOR'S TRACT 1B LOCATED IN SECTION 6,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA,
TO BE KNOWN AS TRIANGLE DEVELOPMENT ADDITION NO. 271; TO ZONE SAID
PROPERTY RESIDENTIAL/PROFESSIONAL OFFICE, R-5, TO AMEND THE CITY
ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Triangle Development, the owners of the property described as
Assessor's Tract 1B located in Section 6, T28N, R21W, P.M.M.,
Flathead County, Montana, requesting that the City of Kalispell
annex the territory into the City with a Residential
Apartment/Office, RA-3, zoning classification, and
WHEREAS, the Flathead Regional Development Office has made a
report on Triangle Development Addition No. 271, Annexation and
Zoning Request, #KA-96-1, dated March 4, 1996, and recommended that
a zoning classification of Residential/Professional Office, R-5
would be more appropriate, 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 Residential/Professional Office, R-5, 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 Kalispell City -County Master Plan designates this
area as High Density Residential. The proposed RA-3
zoning would be in compliance with the Master Plan
designation. The plan states in part that "High density
urban residential growth is projected to occur ... north
and west of Whitefish Stage Road adjacent to the golf
course..."
Is the Requested Zone Designed to Lessen Congestion in
the Streets?
Direct access to this property is by way of Whitefish
Stage Road which is indicated on the Master Plan map as
a minor arterial. The district intent of the RA-3
district states that the location of this district
depends on proximity to major streets, arterials and
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business district. The intent of the R-5 district also
states that this district should be associated with
arterial or minor arterial streets. Furthermore,
Whitefish Stage Road, between the city limits and West
Reserve Drive, is listed as a priority on the Kalispell
Urban Area Transportation Plan for upgrading. No design
plans have been developed and right-of-way acquisition is
currently underway. It appears that either of these
districts would be appropriate along Whitefish Stage Road
and that the roadway would be adequate to accommodate
potential traffic generated from this property.
Will the Requested Zone Secure Safety from Fire, Panic
and Other Dangers?
It does not appear that fire and safety issues are
significant with regard to this site. Easy access is
available from Whitefish Stage Road, there is good sight
visibility in both directions ingressing or egressing the
property, the terrain is generally level and the property
is close to services. No significant impacts could be
anticipated with regard to safety hazards, fire or other
emergency situations.
Will the Requested Change Promote the Health and General
Welfare?
The master plan has designated this area as high density
residential which would be considered appropriate for
this area and the community because of the property's
proximity to Buffalo Hills Golf Course. The location
makes it a prime area for development because of the
recreational amenity as well as the open space that this
area provides. Additionally, a minor arterial will serve
the property for access. It appears that the proposed
zoning would promote the goals of the master plan and,
hence, the health and general welfare of the residents of
the community.
Will the Requested Zone Provide for Adequate Light and
Air?
Adequate light and air would be provided by the setback
requirements and the height limitation on structures.
These development standards are generally consistent with
other residential development in the area and would
provide for adequate light and air.
Will the Requested Zone Change Prevent the Overcrowding
of Land or Undue Concentration of People?
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Minimum lot size requirements for the existing County RA-
1 and the proposed City RA-3 are similar with the current
zoning requiring 7,500 square feet and the proposed
zoning requiring 7,000 square feet. With the
availability of public services in the area and
considering other development in the immediate area it
does not appear that the proposed district would result
in the overcrowding of land or undue concentration of
people.
Will the Requested Zone Facilitate the Adequate Provision
of Transportation, Water, Sewer, Schools. Parks and Other
Public Requirements?
Full public services and facilities currently exist or
can be made available to this property. Good access,
public water and sewer, police and fire protection as
well as open space and recreational amenities are in the
immediate area of this site.
Does the Requested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
The proposed RA-3 zoning district does appear to allow
many permitted and conditional uses which would be
suitable for this area particularly single, duplex and
multi -family dwellings. This district also allows a
number of non-residential uses which could be developed
on this property along Whitefish Stage Road, a minor
arterial, and the rather odd triangular shape,
development of the 2.7 acres presents several viable
alternatives. Its proximity to the roadways provides for
easy ingress and egress as well as high visibility, which
would be important to a commercial activity. Its
proximity to the golf course and some high end
residential development, makes it desirable for high
density residential development. Under either scenario,
it does appear that this property is suited for the uses
which are permitted under the RA-3 district.
Does the Requested Zoning Give Reasonable Consideration
to the Character of this District?
Most of the development which has taken place in this
area is single family and multi -family residential
development. Some commercial development has taken place
at the corner of West Reserve and Whitefish Stage Road
approximately 1,000 feet to the north of this property.
The intent of the RA-3 district is to allow some limited
businesses at locations which are compatible with
residential apartment uses and to serve as a buffer zone
K,
between other commercial districts and residential areas
within or adjacent to business corridors. It does not
appear that the proposed district is consistent with the
intent of the district.
It appears that the R-5 district, a Residential/
Professional Office district might be more compatible
with existing development, more closely reflect the
intent of the district and would also meet the master
plan designation of "high density residential". The
intent of the R-5 district is to allow office structures
which are architecturally harmonious with adjacent
residential development and would be located along
arterials or minor arterials.
Both the RA-3 and the R-5
buffer between residential
commercial development or
immediate area, hence, the
not meet the specific inten
are intended to provide a
nd commercial districts. No
zoning is present in the
character of this area does
of the proposed district.
Would the Proposed Zoning Conserve the Value of
Buildings?
Under the proposed zoning a variety of residential and
non-residential uses would be allowed either outright or
conditionally permitted according to specific development
_ standa'rds. Any new development would be required to be
constructed accordingly. It does not appear that the
proposed district would have an adverse impact on the
value of buildings in the area.
Will the Requested Zone Encourage the Most Appropriate
Use of the Land Throughout the Jurisdiction?
Because of the shape, size and location of this property
it is difficult to judge what the most appropriate use of
this land would be and hence its effect of the use of
land within the planning jurisdiction. Because of this
property's proximity to Whitefish Stage Road, a busy and
accessible roadway, it is appealing for office
development. On the other hand, because of its proximity
to the golf course, this property could be considered
prime for multi -family townhouse development. The size
and shape of the property are limiting factors primarily
with regard to residential development because it would
be difficult to provide enough privacy and buffering
between the roadway and the living units. It appears
that the proposed zoning may provide for the most
appropriate land through the jurisdiction.
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WHEREAS, on the 6th day of November, 1995 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 "A" 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 Triangle Development Addition No. 271,
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, Triangle Development Addition No. 271 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 as Assessor's Tract 1B located in
Section 6, T28N, R21W, P.M.M., Flathead County, Montana,
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
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
its citizens and property shall be subject to all debts,
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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 Residential/Professional Office, R-5.
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 , 1995.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
0
Douglas D. Rauthe, Mayor
4-:1
ES P�IA11) BY THE
FLATHEAD REGIONAL DEVELOPM[ENT
MARCH ,,,
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 November 5, 1995
(Resolution #4241). This broad -based extension of services plan, together with this "mini -plan -
comprise the Extension of Services Plan for the Triangle Development annexation.
EXISTING SERVICES:
Water: A ten inch municipal water tine exists along the west side of Whitefish Stage Road
owned by the Evergreen Water District. Adequate capacity to serve the site is available once
the extension is made.
Sewer: A 15 inch municipal sanitary sewer line exists along the west side of Whitefish Stage
Road which is owned by the North Village Sewer District. The district has sufficient capacity
to service this property when extensions are made.
Storm Drainage: No area wide storm drainage system exists in the area. Infiltration and natural
absorption areas are proposed to mitigate any potential storm runoff associated with development
of the site.
Streets: Whitefish Stage Road is a two Iand paved County Road which is designated on the
Kalispell City -County Master Plan as a minor arterial. This roadway is listed as a priority for
upgrading in the Kalispell Urban Area Transportation Plan. Currently, no design plans have
been started and no right-of-way acquisition has occurred.
Garbage- Collection: Available by contract from private companies.
Police Protection: Flathead County Sheriffs Department.
Fire Protection: West Valley Fire Department.
P
#: Water supply • u # • 'able to b.. extended totheproperty i i f! the watermainrunning
along the west side of Whitefish Stage Road. The applicants are proposing a one inch water
service line when the site is developed.
we : Sewer can be provided by way of an existing 15 inch main which rum along the west
side of Whitefish Stage Road which is owned by the North Village Sewer District. A four inch
sewer service line is proposed to serve the site at the time of development.
Storm Drainage: No storm drain system exists in the area nor is one being proposed. Storm
flows could be handled on site with natural absorption areas for infiltration. Development plans
for this site have provided designated infiltration areas on the property. The terrain is generally
Ievel with little vegetation resulting in minimal erosion problems during and after development.
Streets: Whitefish Stage Road is a two lane paved County road with sufficient capacity to serve
this site. At the time this roadway is upgraded, additional right-of-way may be required. The
developer has anticipated this right-of-way acquisition and is willing to set aside ten feet, of
future right-of-way in anticipation of this expansion.
Garbage Collection: The City of Kalispell can and would provide solid waste pick up for the
site when this property becomes eligible for municipal service.
police/Fire: City of Kalispell Police Department and Fire Department will be available to
provide services to this property upon annexation at approximately the same level as other
properties within the city.
EX'i`ENSION AND FINANCE STRATEGIES:
Extension of services to this property are minimal because most of the necessary infiastructure
in already in place. Improvements to the property associated with the development of the site
would include the extension of service lines from existing water and sewer mains which run
along the right-of-way in front of this property. No special assessments or financing appear to
be required and any financing of these improvements would be borne by the developer.
F:i.. AKA96-RPT
9
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
March 21, 1996 Fax: (406) 758-5781
Al Thelen, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Triangle Development Request for Annexation and Zoning
Dear Al:
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their
regular meeting of March 12, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the
following agenda item:
A request by Triangle Development for annexation and a City zoning designation
of RA-3, a Residential / Apartment Office district. The property being proposed
for annexation is located on the west side of Whitefish Stage Road, approximately
800 feet south of West Evergreen Drive. The property is currently zoned County
RA-1, a Low Density Residential Apartment district.
A staff report was presented by Narda Wilson of the Flathead Regional Development Office who
evaluated the proposed based upon the statutory criteria and recommended R-5, a Residential
/ Office district as a more appropriate initial zoning for this parcel.
At the public hearing, a representative for the applicant spoke in favor of the proposal and stated
that either zoning would be acceptable. He noted the preliminary plat for eight one-story office
condominiums filed in conjunction with the petition for annexation and zoning.
Several residents in the area attended the public hearing. Two people spoke in favor of the
proposal and three in opposition. Specific concerns were expressed about the potential height
of buildings on the property as well as residential and office uses.
The Commission carefully evaluated the appropriate zoning for the property in relation to the
surrounding area, the Master Plan and potential uses under the requested RA-3 district, the R-5
district, and the City RA-1 district and the County RA-1 district.
A motion was made to adopt FRDO Report #KA-96-01 as findings of fact, and follow the staff
recommendation of initial zoning of R-5, a Residential / Office district. The motion carried with
the Commission voting four in favor and three in opposition.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Al Thelen, Interim City Manager
City of Kalispell
Re: Triangle Development Request for Annexation and Zoning
March 21, 1996
Page 2
This recommendation is forwarded to City Council for the March 25, 1996 work session and
subsequent April 1, 1996 regular City Council meeting for final action on the request for
annexation and initial City zoning.
Please contact this Commission or Narda Wilson at the Flathead Regional Development Office
if you have any questions.
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/NW/dh
Attachments: FRDO Report #KA-96-01
Application Materials
Minutes from the 3/12/96 Planning Board meeting
c: Golden Development, P. O. Box 7262, Kalispell, MT 59904
Triangle Development, 2331 Mission Trail, Kalispell, MT 59901
Montana Planning Consultants, P. O. Box 7607, Kalispell, MT 59904
H:\...\1996\KA96-l.TRM
Discussion Landscaping, snow removal and handicapped parking were
discussed. Mr. Hall had no problem with providing handicapped
parking. The drainage problem is being addressed
Motion Kennedy moved to adopt staff report #KCU-96-1 as findings of
fact, and recommend to City Council that the conditional use
permit be granted to Dale Hall subject to the eight (8) conditions
as modified by discussion. Johnson seconded. On a roll call vote
Brenneman, Bahr, Johnson, Kennedy, Carlson, Sanders and Hash
voted aye. The motion carried unanimously in favor.
TRIANGLE "} Hash introduced the next request by Triangle Development for
'DEVELOPMENT ' / annexation and a City zoning designation of RA-3, a Residential/
ANNEXATION & Apartment Office district. The property being proposed for
ZONE CHANGE / annexation is located on the west side of Whitefish Stage Road,
RA 1 �COU0Y) approximately 800 feet south of West Evergreen Drive and
TO 3 {CITY); containing approximately 2.7 acres. This property can be
�." described as Assessor's Tract 1B located in Section 6, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
Staff Report Wilson reported that the request for annexation and zone change
upon annexation is tied in with the request for preliminary plat
approval for an eight -unit office/condominium project.
Staff proceeded to give a detailed presentation of report #KA-96-1.
The request was evaluated in accordance with the statutory
criteria for a change in zoning. Based on staff's review of the
request for a RA-3 zone, an alternative of R-5 was recommended
which would allow professional offices and would be more
consistent with the intent of the district. Additionally,it would
eliminate the need for a variance to the rear yard setback
requirement for the preliminary plat. Staff recommended a zone
change from County RA-1 to City R-5 for the property, upon
annexation.
Wilson asked if she should give the presentation on the plat,
because the two proposals are so intricately tied together, it is
difficult to look at the zoning, make a decision, and then look at
the plat.
Hash did not think that was a good idea. Being on the Board for
some time, we have unfortunately have had the ill result of doing
just that, and it turns out that after the zone is changed, the
project doesn't happen.
Kennedy concurred that we need to look at the zoning completely
separate from the preliminary plat. She asked staff if she had
discussed the R-5 recommendation with the developer.
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Wilson replied that she had, and they were in agreement with the
staff recommendation.
Hash expressed concerns with the R-5 recommendation, as the
public notice went in under an RA-3 zone request.
Wilson explained that it is my understanding that based on the
character of the area, and the Master Plan designation, that the
appropriate zoning would be determined by the governing body.
I am not convinced that the change in recommendation from RA-3
to R-5 presents a problem.
Hash noted that it might not present a substantive problem, but
it could be a problem with the lack of due process for the public.
Public Hearing Hash opened the public hearing to those in favor of the request
for annexation and zoning designation of RA-3.
In Favor David Greer, a representative for the applicant, commented on the
procedure of the application. We applied for an RA-3 and you
may choose to say that is not appropriate, and that R-5 is more
appropriate in your recommendation to City Council. I didn't see
a problem. This came up about a week ago, and I have discussed
this with FRDO staff.
Greer went on to say that, I am speaking on behalf of the
property owners. I did submit concurrent applications, so that
you can see what you are going to get with the zone change.
Back in December, the RA-3 proposal went to Site Plan Review,
and they said it was an appropriate zoning classification for the
property. We would be happy with either RA-3 or R-5. The R-5,
based on the intent, is probably better for the property. The
property is designated on the Master Plan as high density
residential, and is currently zoned County RA-1. One of the
criteria is compliance with the Master Plan, and there are four
zoning classifications that fit the high density residential: R-5,
RA-1, RA-2, and RA-3. With regards to the R-5, the Justice
Center is zoned R-5.
Item #8 on page 6, addresses the suitability of the property for
this particular zone. On Whitefish Stage Road, there are
industrial uses, a mobile home park, and 5-6 acres of B-1 on the
corner of Evergreen, which is commercial type uses. This
particular piece of property is an odd shaped piece. We looked
at it from all different aspects. We recognized unique chances for
this property. It has a real close association with Whitefish Stage
Road, it is not a deep piece. It is triangle -shaped and that
complicates access, but it is not physically attached to any other
development. It has golf courses east, west and south, it has
utilities nearby, and the existing zoning anticipates high density
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development. He read through the list of uses allowed now under
the County RA-1 zoning, and the City RA-1 comparable zone. The
shape of the lot makes it difficult for multi -family development,
because of the difficulty of providing access, etc. With condos or
apartments, you would have to go high to make it work. We knew
the neighbors wouldn't like 35 foot tall buildings, so we thought
that a professional office complex gave more flexibility.
The landowners have a sincere commitment to make a showcase
project, to make it compatible to the neighborhood. The
professional office design allows us to reduce the overall building
density, instead of coaxing out the property with a bunch of
condos. It can be built at one story, instead of multiple levels.
You reduce the amount of land coverage and increase the
landscaping capabilities. The intent is to have offices such as
dentists, CPA's, etc., with a residential character. Also, with a
professional office development, there would not be children added
to impact the schools, or traffic impacts to the roads, and it would
be more compatible with golf courses. We think that RA-3 or R-5
would be appropriate to the property,
Skip Stout, said he lives in Hillcrest Estates, directly across the
street from the proposed development. Several years ago, I saw
the plans that Duane Bitney proposed for there, and I don't want
a multi -story residential complex that I have to look at through
my back door. An office complex would be a good neighbor. At
5 o'clock, they go home, and on the weekends, they aren't going
to be there. Something is going to go in there, and I would
rather see this proposal. I am in favor of this, and I think R-5
would probably be the best zone designation.
Marla Davis, Riverview Greens, said that she is in favor of a
single story professional structure which would be much more
aesthetic on that property.
There being no further proponents, the public hearing was opened
to anyone opposed to the proposal.
Opposition Warren Illi, representing the 130 members of the Hillcrest Estates
Homeowners' Association, and due to the short notice we had of
this hearing, we have not held any association meetings. I have
heard from several people living in the area, and have met with
the Board of the association. We have no problem with the
annexation, but what is an issue is allowing a commercial use to
come into our residential neighborhood. Our subdivision is
comprised of 130 single family residences to the east of this
proposal. To the north is Riverview Greens, another subdivision
with single family occupied homes, and to the south is Fairway
Boulevard Townhouses. The west is the open space/golf course.
This is viewed as a single family neighborhood, and we want to
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keep it that way and preclude any kind of commercial use. There
is no commercial development on Whitefish Stage now, north of the
city limits. We see any kind of commercial use as the beginning
of commercial creep along Whitefish Stage Road. When I read the
intent of the requested zoning, whether it is an RA-3 or R-5, this
property is not fit for that intent. This is a residential area, and
this request for a change to commercial zoning, almost got by us.
The homeowners would like to see this remain residential, with a
two-story height limit.
Frank Miller, stated that he is not opposed to development on this
property, but has grave concerns about the increased traffic on
Whitefish Stage Road. Most of the traffic will probably be coming
north from Kalispell and would require left hand turns, which
would be very dangerous, with the current road conditions.
Bill Jensen, 120 Riverview Greens, said he would like to see a
height restriction on that site, whether it is an office building or
a professional complex. I don't have a problem with that as long
as it is one or two stories in height. I am also concerned about
the traffic flow on Whitefish Stage Road. With a high density
residential development, there would be an even greater traffic
problem, which would be exacerbated with the number of children
that would be there.
There being no other opponents to the project, the public hearing
was closed and opened to Board discussion.
Discussion Wilson asked to comment and read from the Zoning Ordinance,
regarding the role of the Planning Board on the annexation
process and consideration of zoning. When someone requests
annexation, it is the Board's responsibility to determine what the
most appropriate zoning is. If the Board denies the RA-3, you are
not necessarily denying the annexation.
Hash expanded on that by noting that what we have is a
landowner with an idea for development, and in order to achieve
their goals, they need annexation and zone change to meet that
ultimate development goal. In other instances, where the use will
remain the same, the request is simply a change from a county to
a city zone.
Wilson replied that perhaps a City RA-1 zone would be the most
appropriate. The Planning Board would make the recommendation
to City Council, regardless of what staff recommends or what the
applicant is requesting.
Hash agreed, but had concerns that the notice to the public was
for a certain zone classification.
V1
Bahr concurred that this is a tough piece of land, and since it
has become surrounded by residential development, if there is an
allowance for this development, it is a change, that in its worse
case, is spot zoning.
Hash agreed that the intent is probably the ideal use for the site,
but it seems like spot zoning. A specific change from the
surrounding area for the benefit of that landowner, only, I cannot
support either zoning request. Since commercial or professional
uses do not exist in the area, it does not serve as a "buffer".
With the RA-3, looking at the office/condominium project, that
would then require a variance, that is not acceptable, as typically
variances are not allowed when the hardship arises through the
acts of the applicant. There may be B-1 less than a mile away,
but right now it is empty. And someday Whitefish Stage may be
a 4-lane, but right now it is not.
Kennedy said that she, too, was having difficulty with both of
these possibilities for zoning. Clearly, you indicate in the
summary that RA-3 needs to be "located within or adjacent to a
business shopping corridor or shopping island", and this is not.
The R-5 district does not meet the exact intent, which is to
"buffer between commercial and residential", and clearly, it does
not. There is no commercial. Do you believe that it is
substantially in compliance?
Wilson answered that with B-1 zoning to the north, there is some
commercial zoning, if not development in the area. At some point,
that will be developed. With the Master Plan designating that as
"high density residential", within those districts there are certain
commercial uses that are allowed. When you look at the intent
listed in the high density residential uses, it is hard to make
them fit on this little triangle with what is there. So, maybe the
Master Plan is inappropriate. It is a difficult call. I used my
best judgement for putting together a recommendation for the
Board. I admit that part of that is based on the proposal of the
condominium project that is next. We are looking at a project
that can be conditioned. When we look at the specific zoning
without looking at the project, probably RA-1 is closest to what
it is now.
Kennedy noted that is exactly the difficulty. We have to zone the
property appropriately for any use that could come into that zone.
To look at the preliminary plat that might not ever come to
fruition is not being fair to the rest of the landowners, or the
City. We need to put zoning that is appropriate for any
development that would happen in that zone, not for a specific
preliminary plat. We have been bitten in the past with these not
happening in the way they are presented. Then something not
appropriate comes into the area. These are two separate issues.
They have to be addressed separately. So, not looking at the
plat, I don't think either RA-3 or R-5 is appropriate.
Brenneman asked Mr. Greer to clarify that what the landowners
wish to do is develop this in an aesthetically pleasing way that
maximizes their potential income, and the way to do this is to
change to the zone that allows office buildings.
Greer replied he did not say that. The applicants probably
bought this land based on the zoning designation of high density
residential, and that translates into something more than single
family. You can develop the property with apartments or condos,
but to get your money back - not maximize it - you are probably
going to have to fill that triangle with lots of units and go high
with them. Whereas, if you had some professional office
opportunities, you wouldn't have to do that, because you are
going to get a higher value return. There is a net balance. You
either go with more residential, or less commercial. The value of
the land would reflect the type of use.
Carlson asked for the allowed and conditional uses allowed in the
City RA-1 or R-3 which is adjacent to this.
These uses were read from the Zoning Ordinance. Wilson noted
that the City R-5 through RA-3 zones would meet the intent of a
high density residential designation, as set forth in the Master
Plan.
Hash said she had a problem with tinkering with this, as it seems
we are trying to fashion a remedy for the landowners. I suppose
it is the task of the City Council to affix an appropriate zoning
designation. If the Master Plan designation is high density
residential, then we would technically look at the city zoning that
would meet that. To truly do our job, we should be looking at
those uses and restrictions, in light of this piece of land, without
consideration of the proposed use.
Kennedy read from the Ordinance that R-5 should serve as a
buffer, so that does give some leeway and is not mandatory. It
says the district is intended to accommodate professional offices,
which is what the people are saying is an appropriate use for the
area. There is a County R-5 south of this. It was indicated by
Mr. Illi, that there is no commercial on Whitefish Stage to Reserve,
but there is a gas station with a convenience store on the corner
at Reserve, the Swank office building, and State Farm Insurance
claims office, which is located north of this site. I agree, that
with the nature of the homes in the area, professional offices
would be better suited to the neighborhood, however, I, also, am
concerned about spot zoning.
0
Wilson explained that because the Master Plan designates this as
high density residential, it would not be spot zoning, as it would
be in compliance.
Carlson had a problem with a residential use going in that area,
because of the traffic on Whitefish Stage, and would prefer to see
professional offices.
Johnson observed that commercial crawl is restricted from
spreading by existing development. I don't feel this is spot
zoning. By virtue of location, it is. By virtue of development, I
think it is compatible with the surrounding area. I think the best
use for the property is within the recommended zone. I do have
a problem with the R-5, because I don't think that is before the
table.
Kennedy confirmed that no other public hearing would be held on
a zone change, therefore, we need to send our intent to City
Council. It is the duty of the Board to recommend the most
appropriate zone for the property. The neighboring landowners
have indicated that R-5 would be preferable.
Sanders suggested that this proposal be tabled for a month and
let the applicant come back with a proposal for R-5, so it can be
legally noticed.
Hash commented that she is hearing the adjacent landowners
asking for a low level, harmonious development, which has been
proposed, not necessarily R-5.
Kennedy replied that an RA-3 would not give that to them. She
read through the list of allowed uses in the R-5, which appear to
be compatible uses with the neighborhood. The intent of an R-5,
district "should serve as a buffer between residential and other
commercial districts, and should be associated with an arterial or
minor arterial street", which this does. I was having trouble with
this, but reading the text of the zoning ordinance, I think it
gives us some flexibility and is meeting the intent of the Master
Plan. I don't have any problem addressing this tonight, rather
than sending the applicant back to bring forward an R-5
submittal.
Bahr felt that this proposed development opens the door and
almost mandates a business development in that area, where
currently it is restricted to residential. Changing the character
of that piece of property is what the neighbors don't want.
KU
Motion Kennedy moved to adopt the staff report #KA-96-1 as findings of
fact, for the Triangle Development Annexation and Zoning Request,
and send a favorable recommendation for annexation and zoning
of R-5 to City Council. Carlson seconded. A roll call vote was
taken on the motion to recommend annexation and a zone
classification of R-5. Johnson, Kennedy, Sanders, and Carlson
voted aye. Brenneman, Bahr and Hash voted nay. The motion
carried on a 4-3 vote in favor.
WHITEFISH Next, President Hash introduced a request by Triangle Development
STAGE for preliminary plat approval of an eight unit commercial
PROFESSIONAL condominium project, filed in conjunction with a zone change
PARK / request from County RA-1, a Residential Apartment district, to City
PRELIMINARY RA-3, a Residential/Apartment Office district and annexation into
PLAT the City of Kalispell. The development is to be known as
Whitefish Stage Professional Park. The property being proposed
for condominiums is located on the west side of Whitefish Stage
Road, approximately 800 feet south of West Evergreen Drive and
containing approximately 2.7 acres. This property can be
described as Assessor's Tract 1B located in Section 6, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
Staff Report Wilson gave a detailed presentation of report #KPP-96-1. Based
on staff review of the necessary criteria, it is recommended that
preliminary plat for Whitefish Stage Professional Park be granted
subject to 15 conditions. Staff recommended that condition #8 be
deleted and replace it with a condition stating "That a common
area maintenance aLrreement be provided." Add to condition #9
that "The number and placement of fire hydrants..."
Public Hearing The public hearing was opened to those in favor of the proposal.
In Favor David Greer, agent for the applicant, stated that this property
was difficult to work with. Initially, city staff recommended RA-3,
and they liked the design, because it has a good traffic flow
situation. We reserved an additional 10 feet of right-of-way for
the widening of the county road, which is consistent with what
was required for the other developments along there. That is
what caused the variance request, as it pushed everything back
10 feet. This went through Site Plan Review, and they were
happy with it. I don't have any problems with the changes to the
conditions, however, I did want to talk about sidewalks. This
whole development is ringed with sidewalks and has a parking lot.
If there is a sidewalk along Whitefish Stage Road, it will go
nowhere. There are no children - right or wrong -- associated
with the townhouses to the south. The bike path is going to be
on the east side of the street, so I suspect the kids will cross at
Evergreen and use the east side of the road. I don't think
anyone would use the sidewalk, or the crosswalk, however I don't
have a problem with the crosswalk.
11
Skip Stout, said that he would prefer to see this development on
that particular piece of property, than what was proposed before.
There being no further proponents, the public hearing was opened
to opposition. No one spoke in opposition. The public hearing
was closed and opened to Board deliberation.
Discussion Johnson would hate to add a burden to a developer, however the
City's posture has been to require sidewalks whether they connect
to anything or not.
Kennedy felt we should look at the size of the development, and
that there are no sidewalks in the area, at all. There is a
pedestrian trail to Edgerton School, which was developed by
private interests, and the children are used to that. As long as
there are sidewalks within the development, itself, I agree with
Mr. Greer, that a sidewalk on Whitefish Stage would be going
nowhere. The proposed bike path going in on the east side of
the road is part of the ISTEA program. I have problems with the
proposed crosswalk. Painted stripes on the asphalt which won't
last long, and will be covered in the winter, and having the
children get used to the safety and security of a crosswalk is not
appropriate. It is not in the best interest for safety on Whitefish
Stage Road in its current condition. If it is deemed appropriate
when it is widened, then it can be done. So, I would agree with
deleting item #11. If this were a residential development, she
would agree with Johnson, that sidewalks be required.
Further discussion followed on the crosswalk. Brenneman
expressed a concern that there are residential developments all
around the site, and after 5:00 p.m. there will be an empty
parking lot there. It was argued, however, that putting a
crosswalk there encourages children to cross when it is not safe
to do so. The highway department can address the issue when
the road is widened and the bike path installed.
Bahr complimented the developer on a good design on a very
limited piece of land, unfortunately, I think this is the wrong area
to put it. A professional office building is not limited to
weekdays from 8:00-5:00.
Motion Kennedy moved to adopt subdivision report #KPP-96-1 as findings
of fact, and forward a favorable recommendation for preliminary
plat for Whitefish Stage Professional Palk to City Council with 11
conditions, as amended. Carlson seconded. On a roll call vote
Sanders, Johnson, Carlson, Brenneman, Kennedy and Hash voted
aye. Bahr voted nay. The motion carried on a 6-1 vote in favor.
OLD BUSINESS There was no old business.
12
DEVELOPMENTTRIANGLE REQUES
..
-1 (COUNTY) TO RA-3 (CITY)
ZONING ! ',
FLATHEAD REGIONAL DEVELOPMENT OFFICE
MARCH 4, ''6
This is a report to the Kalispell City -County Zoning Commission and Kalispell City Council
regarding a petition by Triangle Development for annexation of a parcel of land into the city
limits of Kalispell and initial zoning. A public hearing has been scheduled before the Kalispell
City -County Planning Board and Zoning Commission for March 12, 1996 beginning at 7:00 PM.
The Planning Board and Zoning Commission will forward a recommendation to the Kalispell
City Council for final action.
BACKGROUND INFORMATION
The applicants are petitioning to be annexed into the City limits and for initial zoning. They are
proposing a change in zoning from County RA-1, a Low Density Apartment district, to City RA-
3, a Residential Apartment/Office district. The parcel proposed for annexation and rezoning is
approximately 2.7 acres in size. A preliminary plat for a commercial condominium project
containing eight units, each approximately 50 by 54 feet in size, has been filed concurrently with
the petition for annexation and zoning.
A. Petitioner and Owners: Triangle Development
2331 Mission Trail
Kalispell, MT 59901
(406)752-8483
B. Location and Legal Description of Property:
The site is south of East Evergreen Drive approximately 600 feet on the west side of
Whitefish Stage Road in Kalispell. The property can described as Assessor's Tract 1B
located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County.
B. Existing zoning:
Currently this property is zoned Country RA-1, a Residential Apartment district which
is intended as an area for multi -family use and for non-residential uses which are
compatible with the primarily residential character of the area. This district is intended
as a buffer between residential and non-residential district. Full public facilities serve
these districts.
Development standards for the RA-1 district include a 7,500 minimum lot size
requirement, a 35 percent lot coverage and a 35 foot height limit. Setbacks are 20 feet
in the front and rear, five feet for duplexes and single family residences, 15 feet for tri-
plex or larger and 20 feet on the corners.
C. Nature of Request and Proposed Zoning:
The area proposed for rezoning is approximately 2.7 acres of a triangular piece of
undeveloped property on the west side of Whitefish Stage Road. Currently this
undeveloped property lies in the county and is zoned RA-1, a Low Density Residential
District. The applicants are requesting that this property be annexed into the City of
Kalispell and rezoned to RA-3, a Residential Apartment/Office district. A preliminary
plat for professional office condominiums has been filed concurrently with the annexation
and zone change request.
RA-3 zoning has been requested because this district allows for limited office uses. The
RA-3 district is a Residential Apartment/Office district which is intended to provide areas
for professional, governmental and private offices, banks and similar institutions, cultural
and governmental facilities and limited business at locations where they are compatible
with residential apartment uses and where it is not deemed desirable to permit a more
intensive business activity of a retail nature. This district is intended to serve as a buffer
between other commercial districts and adjacent residential areas. The location of this
district depends on proximity to major streets, arterials and business districts. This
district shall be located within or adjacent to business corridors, shopping islands or the
central business district.
D. Size: The area proposed for rezoning contains approximately 2.7 acres of undeveloped
property. This property is triangular in shape measuring approximately 850 feet along
the eastern boundary which fronts along Whitefish Stage Road and the sides measuring
415.9 feet to the south and 329.85 feet to the north.
E. Existing Land Use: Currently this property is undeveloped. A development proposal
has been submitted with the annexation and zoning request consisting of an eight unit
commercial condominium project.
F. Adjacent Land Uses and Zoning:
Mostly residential uses currently exist in this area. This parcel lies between some
expensive homes in Riverview Greens Subdivision to the north and the townhomes in
Fairway Boulevard Townhouse Subdivision to the south. This property is bordered on
the north, south and west by Buffalo Hills Golf Course.
North: Buffalo Hills Golf Course with P, Public, zoning lies directly to the north.
Approximately 100 feet north of this are single family homes in an R-3
district.
2
East: Whitefish Stage Road lies directly to the east. Single family residences
in Hillcrest Subdivision lie to the east with County R-2 zoning.
South: Buffalo Hills Golf course with P, Public, zoning lies directly to the south.
Approximately 150 feet south of this are townhomes in an area zoned City
R-3.
West: Buffalo Hills Golf course lies to the west with P, Public, zoning.
G. General Land Use Character:
Buffalo Hills Golf Course provides the residences in the area with a very nice open space
area and recreational amenity. The development in the immediate area is primarily
single-family residential with some multi -family townhouse units to the south. No
commercial development is currently in the general area.
AVAILABILITY OF PUBLIC SERVICES:
Full public services can be provided to this site. A separately prepared "Extension of Services
Plan" discusses the provision of public services to this property.
G. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Pacific Power
Telephone:
PTI service area
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
H. Relation to zoning requirements:
Proposed RA-3 zoning is a Residential Apartment/Office district which has a minimum
lot size requirement of 7,000 square feet and 20 foot setback requirements for the front,
side corner and rear yards with a 10 foot side yard unless the building is 35 feet in
height, then a 20 foot setback is required.
Under the proposed zoning, the office condominium project which is being filed
concurrently with the annexation and zoning request would be a permitted use. The size
of the parcel easily satisfies the minimum lot size requirements. However, as proposed,
the condominiums at the north and south ends of the property have a setback of ten feet
which would not meet the required rear yard setbacks of 20 feet. Part of the review and
3
approval process for this project as it is proposed would require the granting of a
variance to the rear yard requirements from the City Board of Adjustment.
An alternative to the proposed RA-3 zoning might be an R-5 district which is a
Residential 1 Professional Office district. The district is intended to accommodate
professional offices where it is not deemed desirable to permit a more intensive business
activity of a retail nature. These office structures need not be commercial in appearance;
they shall be architecturally harmonious with the adjacent residential structures. Such
a district should serve as a buffer between residential areas and other commercial district
and should be associated with arterial or minor arterial streets.
Additionally, the condominium project would not require a variance from the setback
requirements since the rear yard requirements of the R-5 district are ten feet, exactly
what is provided under the current proposal.
REACTION OF NEARBY PROPERTY OWNERS
A notice of public hearing was mailed to property owners within 150 feet of the subject property
approximately 15 days prior to the hearing. At the writing of the staff report, one letter of
objection had been received by the staff. This objection was based upon the residential character
of the area. The letter has been included in the back-up material for this report.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings
of fact for the zone change request are discussed relative to the itemized criteria described by
76-2-203, M.C.A.
Does the requested zone comply with the Master Plan?
The Kalispell City -County Master Plan designates this area as High Density Residential.
The proposed RA-3 zoning would be in compliance with the Master Plan designation.
The plan states in part that "High density urban residential growth is projected to occur
... north and west of Whitefish Stage Road adjacent to the golf course.."
2. Is the requested zone designed to lessen congestion in the streets?
Direct access to this property is by way of Whitefish Stage Road which is indicated on
the Master Plan map as a minor arterial. The district intent of the RA-3 district states
that the location of this district depends on proximity to major streets, arterials and
business district. The intent of the R-5 district also states that this district should be
associated with arterial or minor arterial streets. Furthermore, Whitefish Stage Road,
between the city limits and West Reserve Drive, is listed as a priority on the Kalispell
Urban Area Transportation Plan for upgrading. No design plans have been developed
Cl
and right-of-way acquisition is currently underway. It appears that either of these
districts would be appropriate along Whitefish Stage Road and that the roadway would
be adequate to accommodate potential traffic generated from this property.
3. Will the requested zone secure safety from fire, panic, and other dangers?
It does not appear that fire and safety issues are significant with regard to this site. Easy
access is available from Whitefish Stage Road, there is good sight visibility in both
directions ingressing or egressing the property, the terrain is generally level and the
property is close to services. No significant impacts could be anticipated with regard to
safety hazards, fire or other emergency situations.
4. Will the requested change ,promote the health and general welfare?
The master plan has designated this area as high density residential which would be
considered appropriate for this area and the community because of the property's
proximity to Buffalo Hills Golf course. The location makes it a prime area for
development because of the recreational amenity as well as the open space that this area
provides. Additionally, a minor arterial will serve the property for access. It appears
that the proposed zoning would promote the goals of the master plan and, hence, the
health and general welfare of the residents of the community.
5. Will the requested zone provide for adequate light and air?
Adequate light and air would be provided by the setback requirements and the height
limitation on structures. These development standards are generally consistent with other
residential development in the area and would provide for adequate light and air.
6. Will the requested zone prevent the overcrowding of land or undue concentration of
people?
Minimum lot size requirements for the existing County RA-1 and the proposed City RA-
3 are similar with the current zoning requiring 7,500 square feet and the proposed zoning
requiring 7,000 square feet. With the availability of public services in the area and
considering other development in the immediate area it does not appear that the proposed
district would result in the overcrowding of land or undue concentration of people.
7. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Full public services and facilities currently exist or can be made available to this
property. Good access, public water and sewer, police and fire protection as well as
open space and recreational amenities are in the immediate area of this site.
8. Does the requested zone give consideration to the particular suitability of the property
for particular uses?
The proposed RA-3 zoning district does appear to allow many permitted and conditional
uses which would be suitable for this area particularly single, duplex and multi -family
dwellings. This district also allows a number of non-residential uses which could be
developed on this property which could be made compatible with the area. Because of
the location of this property along Whitefish Stage Road, a minor arterial, and the rather
odd triangular shape, development of the 2.7 acres presents several viable alternatives.
Its proximity to the roadways provides for easy ingress and egress as well as high
visibility, which would be important to a commercial activity. Its proximity to the golf
course and some high end residential development, makes it desirable for high density
residential development. Under either scenario, it does appear that this property is suited
for the uses which are permitted under the RA-3 district.
9. Does the requested zone give reasonable consideration to the character of the district?
Most of the development which has taken place in this area is single family and multi-
family residential development. Some commercial development has taken place at the
corner of West Reserve and Whitefish Stage Road approximately 1,000 feet to the north
of this property. The intent of the RA-3 district is to allow some limited businesses at
locations which are compatible with residential apartment uses and to serve as a buffer
zone between other commercial districts and residential areas within or adjacent to
business corridors. It does not appear that the proposed district is consistent with the
intent of the district.
It appears that the R-5 district, a Residential/Professional Office district might be more
compatible with existing development, more closely reflect the intent of the district and
would also meet the master plan designation of "high density residential. " The intent of
the R-5 district is to allow office structures which are architecturally harmonious with
adjacent residential development and would be located along arterials or minor arterials.
Both the RA-3 and the R-5 are intended to provide a buffer between residential and
commercial districts. No commercial development or zoning is present in the immediate
area, hence, the character of this area does not meet the specific intent of the proposed
district.
10. Will the proposed zone conserve the value of buildings?
Under the proposed zoning a variety of residential and non-residential uses would be
allowed either outright or conditionally permitted according to specific development
standards. Any new development would be required to be constructed accordingly. It
does not appear that the proposed district would have an adverse impact on the value of
buildings in the area.
2
11. Will the requested zone encourage the most appropriate use of the land throughout the
jurisdiction?
Because of the shape, size and location of this property it is difficult to judge what the
most appropriate use of this land would be and hence its effect of the use of land within
the planning jurisdiction. Because of this property's proximity to Whitefish Stage Road,
a busy and accessible roadway, it is appealing for office development. On the other
hand, because of its proximity to the golf course, this property could be considered prime
for multi -family townhouse development. The size and shape of the property are limiting
factors primarily with regard to residential development because it would be difficult to
provide enough privacy and buffering between the roadway and the living units. It
appears that the proposed zoning may provide for the most appropriate land through the
jurisdiction.
SUMMARY AND DISCUSSION
As discussed above, it appears that the RA-3 zoning might be an appropriate rezoning of this
property under the Kalispell City -County Master Plan because this small triangle is designated
as "high density residential. " However, it does not appear that the proposed zoning meets the
specific intent of the RA-3 district, i.e. that it be located within or adjacent to a business
corridor or shopping island. Although the R-5 district also does not meet the exact intent of the
district, i.e. that it serve as a buffer between commercial and residential areas, it does appear
that it is closer to what is intended for this area. This district is a high density residential
district which would allow some office structures which are architecturally compatible with
residential uses in the area. Furthermore, the R-5 district would enable the applicant to move
forward their proposal for the office condominium project without the need for a variance to the
rear yard setback requirement.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt
Staff Report KA 96-1 as findings of fact and forward a recommendation to City Council for a
zone change to R-5, Residential / Profession Office, upon annexation.
F: \... \KA96-1 . RPT
7
l Allit IRI
PREPARED BY THE
FLATHEAD REGIONAL DEVELOPMENT OFFICE
MARCH 4, 1996
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 November 5, 1995
(Resolution #4241). This broad -based extension of services plan, together with this "mini -plan"
comprise the Extension of Services Plan for the Triangle Development annexation.
EXISTING SERVICES:
Water: A ten inch municipal water line exists along the west side of Whitefish Stage Road
owned by the Evergreen Water District. Adequate capacity to serve the site is available once
the extension is made.
Sewer: A 15 inch municipal sanitary sewer line exists along the west side of Whitefish Stage
Road which is owned by the North Village Sewer District. The district has sufficient capacity
to service this property when extensions are made.
Storm Drainage: No area wide storm drainage system exists in the area. Infiltration and natural
absorption areas are proposed to mitigate any potential storm runoff associated with development
of the site.
Streets: Whitefish Stage Road is a two land paved County Road which is designated on the
Kalispell City -County Master Plan as a minor arterial. This roadway is listed as a priority for
upgrading in the Kalispell Urban Area Transportation Plan. Currently, no design plans have
been started and no right-of-way acquisition has occurred.
Garbage Collection: Available by contract from private companies.
Police Protection: Flathead County Sheriff's Department.
Fire Protection: West Valley Fire Department.
0
Water: Water supply would be able to be extended to the property from the water main running
along the west side of Whitefish Stage Road. The applicants are proposing a one inch water
service line when the site is developed.
Sewer: Sewer can be provided by way of an existing 15 inch main which runs along the west
side of Whitefish Stage Road which is owned by the North Village Sewer District. A four inch
sewer service line is proposed to serve the site at the time of development.
Storm Drainage: No storm drain system exists in the area nor is one being proposed. Storm
flows could be handled on site with natural absorption areas for infiltration. Development plans
for this site have provided designated infiltration areas on the property. The terrain is generally
level with little vegetation resulting in minimal erosion problems during and after development.
Streets: Whitefish Stage Road is a two lane paved County road with sufficient capacity to serve
this site. At the time this roadway is upgraded, additional right-of-way may be required. The
developer has anticipated this right-of-way acquisition and is willing to set aside ten feet of
future right-of-way in anticipation of this expansion.
Garbage Collection: The City of Kalispell can and would provide solid waste pick-up for the
site when this property becomes eligible for municipal service.
Police/Fire: City of Kalispell Police Department and Fire Department will be available to
provide services to this property upon annexation at approximately the same level as other
properties within the city.
EXTENSION AND FINANCE STRATEGIES:
Extension of services to this property are minimal because most of the necessary infrastructure
in already in place. Improvements to the property associated with the development of the site
would include the extension of service lines from existing water and sewer mains which run
along the right-of-way in front of this property. No special assessments or financing appear to
be required and any financing of these improvements would be borne by the developer.
F: \... \KA96-RPT
E
February 25, 1996
Tom Jentz
Planning Director
Flathead Regional Development Office
723 5th Ave E., Room 414
Kalispell, Montana 59901
Re: Triangle Development
Rezone and Preliminary Plat Application
RA-1 to RA-3, Condo/Office on Whitefish Stage
Dear Tom,
Pi.ATHEAD RE040vi,
05PICA
I would like to express my objection and opposition to the requested change on the
subject parcel.
The area has been master planned as a residential area for many years and projects
have been developed on that basis and within the established zoning. The change to
commercial/office as allowed within RA-3 is not in keeping with the surrounding
neighborhood. This would be a spot zoning in that a commercial use is proposed.
The property is developable as RA-1 and it should remain as zoned. i have personally
developed acceptable plans for former owners of the property and know it can hold 8-
12 townhouses very easily and with reasonable isolation from Whitefish Stage Road.
The site has poor access from other commercial areas in that it is at least 1.5 - 2 miles
to the nearest commercial areas and access is through other residential areas.
I feel the staff should write a negative report on the application for rezone and
preliminary plat.
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