FLATHEAD COUNTY PLANNING AND ZONING OFFICE

DWIGHT AND ANN LAMM

ZONING MAP AMENDMENT REPORT (#FZC-17-03)

MARCH 14, 2017

I. GENERAL INFORMATION

A. Project Description

This a report to the Flathead County Planning Board and Board of Commissioners

regarding a request by WGM Group, for Dwight and Ann Lamm, for a zoning map

amendment within the Bigfork Zoning District. The proposed amendment, if approved,

would change the zoning of the subject property from ‘AG-20 Agricultural’ to ‘SAG-5

Suburban Agricultural.’

B. Application Personnel

1. Owner/Applicants

Dwight and Ann Lamm

P O Box 2455

Bigfork, MT 59911

2. Technical Assistance

BJ Grieve

WGM Group

151 Business Center Loop

Ste. A

Kalispell, MT 59901

C. Process Overview

Documents pertaining to the zoning map amendment are available for public inspection

in the Flathead County Planning and Zoning Office located in the South Campus

Building at 40 11th

Street West in Kalispell.

1. Land Use Advisory Committee/Council

The Bigfork Land Use Advisory Committee (BLUAC) will conduct a public hearing

on the proposed zoning map amendment on March 30, 2017 at 4:00 P.M. at the

Bethany Lutheran Church located at 8559 Highway 35 in Bigfork. A

recommendation from the BLUAC will be forwarded to the Planning Board and

County Commissioners for their consideration.

This space will contain an update regarding the BLUAC review of the proposal.

2. Planning Board

The Flathead County Planning Board will conduct a public hearing on the proposed

zoning map amendment on April 12, 2017 at 6:00 P.M. in the 2nd

Floor Conference

Room of South Campus Building located at 40 11th

Street West in Kalispell. A

recommendation from the Planning Board will be forwarded to the County

Commissioners for their consideration.

This space will contain an update regarding the Planning Board review of the

proposal.

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3. Commission

In accordance with Montana law, the Commissioners will hold a public hearing on

the proposed zoning map amendment. Prior to the Commissioner’s public hearing,

documents pertaining to the zoning map amendments will also be available for public

inspection in the Office of the Board of Commissioners at 800 South Main Street in

Kalispell.

This space will contain an update regarding the Flathead County Commissioners

review of the proposal.

II. PROPERTY CHARACTERISTICS

A. Subject Property Location and Legal Description

The total acreage of the subject property is approximately 21.9 acres. The property is

located at 6955 Highway 35 near Kalispell, MT (see Figure 1 below). The Lamm

property is legally described as:

Parcel A of Certificate of Survey No. 10082, located in the Southwest Quarter of the

Southwest Quarter of Section 12, Township 27 North, Range 20 West, P.M.M.,

Flathead County, Montana

Excepting Therefrom:

That portion conveyed to the State of Montana for Highway purposes in bargain and

sale deed recorded April 30, 1992 as Doc. No. 92-121-09300.

Figure 1: Subject property (outlined in blue)

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B. General Character of and Reason for Amendment

The subject property contains one tract of land owned by Dwight and Ann Lamm. The

property contains a house and some accessory structures.

As previously stated the property is currently zoned AG-20 and the applicants are

proposing SAG-5. The application states, “When the Bigfork Zoning District was

adopted in 1993, land on the west side of M Highway 35 across from the Lamm’s

property was zoned SAG-5 and R-1, but most of the property north of Bigfork and east of

MT Highway 35 was zoned AG-20 and AG-40. However, since 1993 much of the

zoning to the north east and south of the Lamm’s property has been amended to SAG-5.

The Lamm’s property is now surrounded on all sides by SAG-5 zoning within ½ mile or

less. The prevailing land use(s) in the area have remained rural suburban residential, but

many nearby landowners have amended zoning to allow additional flexibility with regard

to density.

Dwight and Ann Lamm would like to maintain consistency with the prevailing land uses

in the area around their property. However, they are requesting the SAG-5 zoning to

provide the family with additional flexibility with regard to density for estate planning

purposes.”

Figure 2: Surrounding zoning of the subject property (outlined in white)

C. Adjacent Zoning and Character of the Overall Zoning District

The property is located in the Bigfork Zoning District. The character of the zoning

district in the vicinity of the subject property is suburban agricultural, agricultural and

residential.

The property is located approximately three miles north of Bigfork on Highway 35. To

the north, south and east of the property the zoning is AG-20. To the west of the property

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across Highway 35 the zoning is a combination of R-1, SAG-5 and Public. Within

approximately a quarter of a mile to the north, east, and southwest of the property is

SAG-5 zoning. There is a gravel pit located one half mile to the southeast. Much of the

surrounding properties are large lot residential, undeveloped or being used for

agriculture.

Figure 3: Bigfork Zoning District (outlined with dashed red line & subject property outlined in

black)

D. Public Services and Facilities

Sewer: N/A

Water: N/A

Electricity: Flathead Electric Cooperative

Natural Gas: Northwestern Energy

Telephone: CenturyTel

Schools: Bigfork School District

Bigfork High School District

Fire: Bigfork Fire District

Police: Flathead County Sheriff

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III. COMMENTS

A. Agency Comments

1. Agency referrals were sent to the following agencies on February 10, 2017:

Bonneville Power Administration

Montana Fish Wildlife and Parks

Bigfork High School District

Bigfork School District

Bigfork Fire District

Flathead City-County Health Department

Flathead County Road and Bridge Department

Flathead County Sheriff

Flathead County Solid Waste

Flathead County Weeds and Parks Department

Montana Department of Transportation

2. The following is a summarized list of agency comment received as of the date of the

completion of this staff report:

Bonneville Power Administration

o Comment: “BPA does not have any objections to the approval of this request

at this time.” Email dated February 14, 2017.

Flathead County Solid Waste District

o Comment: “The District requests that all solid waste generated at the

proposed location be hauled by a private hauler. Allied Waste is the licensed

(PSC) Public Service Commission private hauler in this area.” Letter dated

February 21, 2017.

Flathead City-County Health Department – Environmental Health Services

o Comment: “Further development must be in accordance with Flathead County

Regulations for Onsite Sewage Treatment Systems. Subdivision of the

property, which creates parcels less than 20 acres, would be subject to review

under the Sanitation in Subdivisions Act (MCA Title 76.4.1).” Letter dated

February 21, 2017.

Flathead County Road & Bridge Department

o Comment: “At this point the County Road Department does not have any

comments on this request.” Letter dated February 23, 2017.

Montana Department of Transportation

o Comment: “We do not have any comments regarding this proposal” Email

dated February 17, 2017.

B. Public Comments

1. Adjacent property notification regarding the proposed zoning map amendment was

mailed to property owners within 150 feet of the subject property on March 21, 2017.

Legal notice of the Planning Board public hearing on this application was published

in the March 26, 2017 edition of the Daily Interlake.

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Public notice of the Board of County Commissioners public hearing regarding the

zoning map amendment will be physically posted on the subject property and within

the zoning district according to statutory requirements found in Section 76-2-205

[M.C.A]. Notice will also be published once a week for two weeks prior to the public

hearing in the legal section of the Daily Interlake. All methods of public notice will

include information on the general character of the proposed zoning map amendment,

and the date, time, and location of the public hearing before the Flathead County

Commissioners on the requested zoning map amendment.

2. Public Comments Received

As of the date of the completion of this staff report, no public comments have been

received regarding the requested zoning map amendment. It is anticipated any

member of the public wishing to provide comment on the proposed zoning map

amendment may do so at the Bigfork Land Use Advisory Committee public hearing

scheduled for March 30, 2017, the Planning Board public hearing scheduled for April

12, 2017 and/or the Commissioner’s Public Hearing. Any written comments received

following the completion of this report will be provided to members of the Planning

Board and Board of Commissioners and summarized during the public hearing(s).

IV. EVALUATION OF PROPOSED AMENDMENT

Map amendments to zoning districts are processed in accordance with Section 2.08 of the

Flathead County Zoning Regulations. The criteria for reviewing zoning amendments are

found in Section 2.08.040 of the Flathead County Zoning Regulations and 76-2-203 M.C.A.

A. Build-Out Analysis

Once a specific zoning designation is applied in a certain area there are certain land uses

that are permitted or conditionally permitted. A build-out analysis is performed to

examine the maximum potential impacts of full build-out of those uses. The build-out

analysis is typically done looking at maximum densities, permitted uses, and demands on

public services and facilities. Build-out analyses are objective and are not best or worst

case scenarios. Without a build-out analysis to establish a foundation of understanding,

there is no way to estimate the meaning of the proposed change to neighbors, the

environment, future demands for public services and facilities and any of the evaluation

criteria, such as impact to transportation systems. Build-out analyses are simply

establishing the meaning of the zoning map amendment to the future of the community to

allow for the best possible review.

Per Section 3.06 of the Flathead County Zoning Regulations (FCZR), AG-20 is defined

‘A district to protect and preserve agricultural land for the performance of a wide range

of agricultural functions. It is intended to control the scattered intrusion of uses not

compatible with an agricultural environment, including, but not limited to, residential

development.’

The SAG-5 designation is defined in Section 3.08 FCZR as, ‘A district to provide and

preserve smaller agricultural functions and to provide a buffer between urban and

unlimited agricultural uses, encouraging separation of such uses in areas where potential

conflict of uses will be minimized, and to provide areas of estate type residential

development.’

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The permitted uses and conditional uses between the AG-20 and the SAG-5 zoning are

very similar. The amendment would reduce the number of permitted uses from 22 to 16

while increasing the number of conditional uses from 22 to 28. There are four AG-20

permitted uses listed as a conditional uses in the proposed SAG-5 zone, they include:

Cellular tower.

Kennel.

Riding academy, rodeo arena.

Stable, public.

The following are permitted uses in the AG-20 zone that are not permitted in SAG-5:

Dairy products processing, bottling, and distribution.

Fish Hatchery.

Ranch employee housing.

Riding Academy, rodeo arena.

The following are conditional uses within the AG-20 zone but not allowed in SAG-5:

Communication tower/mast.

Feed and seed processing and cleaning.

Radio and television broadcast studio.

Airport

Animal Farm

Feed and seed processing and cleaning.

Feed lot: cattle, swine, poultry.

Radio and television broadcast studio.

The conditional uses allowed within the SAG-5 but not allowed in AG-20 are:

Airfield.

Aircraft hangars when in association with properties within or adjoin an

airport/landing field.

Community residential facility.

Golf course.

Golf driving range.

Manufactured home park.

Recreational facility, high-impact.

Recreational vehicle park.

The bulk and dimensional requirements within the current and proposed zoning require a

20 foot setback from front, rear, side-corner and side boundary line for principal

structures and a setback of 20 feet for the front and side-corner and 5 feet from the rear

and side for accessory structures. A 20 foot setback is required from streams, rivers and

unprotected lakes which do not serve as property boundaries and an additional 20 foot

setback is required from county roads classified as collector or major/minor arterials for

both the proposed and current zoning. For AG-20 the permitted lot coverage is 20% and

maximum height is 35 feet and for SAG-5 the permitted lot coverage is 25% (Residential

Uses) and maximum height of 35 feet.

The existing zoning requires a minimum lot area of 20 acres. The subject property totals

21.9 acres, 0 additional lots could be created under the existing zoning. The proposed

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zoning requires a minimum lot area of 5 acres therefore approximately 3 additional lots

could be created. The requested zone change has the potential to increase density

through subsequent subdivision in the future. The bulk and dimensional requirements are

similar but the amendment would reduce the number of permitted uses while increasing

the number of conditional uses.

B. Evaluation of Proposed Amendment Based on Statutory Criteria (76-2-203 M.C.A.

and Section 2.08.040 Flathead County Zoning Regulations)

1. Whether the proposed map amendment is made in accordance with the Growth

Policy/Neighborhood Plan.

The proposed zoning map amendment falls within the jurisdiction of the Flathead

County Growth Policy, adopted on March 19, 2007 (Resolution #2015 A) and

updated October 12, 2012 (Resolution #2015 R). The property is located within the

Bigfork Neighborhood Plan adopted on August 16, 1993 by the Flathead County

Commissioners (Resolution #933A) and updated June 2, 2009 by the Flathead County

Commissioners (Resolution #2208).

a. Flathead County Growth Policy

The Flathead County Growth Policy Designated Land Uses Map identifies the

subject property as ‘Agricultural.’ The proposed SAG-5 zoning classification

would appear to contrast with the current designations. However, Chapter 10 Part

3: Land Uses Maps of the Growth Policy under the heading Designated Land Use

Maps specifically states, “This map depicts areas of Flathead County that are

legally designated for particular land uses. This is a map which depicts existing

conditions. The areas include zoning districts which are lumped together by

general use rather than each specific zone and neighborhood plans. Further

information on particular land uses in these areas can be obtained by consulting

the appropriate zoning regulations or neighborhood plan document. The uses

depicted are consistent with the existing regulations and individual plan

documents. This map may be changed from time to time to reflect additional

zoning districts, changes in zoning districts, map changes and neighborhood plans

as they are adopted. Since this map is for informational purposes, the Planning

Staff may update the same to conform to changes without the necessity of a

separate resolution changing this map.” Staff interprets this to mean the

Designated Land Use Map is not a future land use map that implements policies,

but rather a reflection of historic land use categories. If the zoning map

amendment is approved the Designated Land Use Map can be updated by staff to

reflect changes made by the County Commissioners based on goals and policies

of the Growth Policy.

Part 4 of Chapter 2 the Growth Policy states, ‘It is clear that agriculture plays a

vital role in both the economy and culture of Flathead County. The custom and

culture of agriculture in Flathead County is one of the features that is

contributing to rapid growth and development. Lands that have traditionally been

used for agriculture are being converted increasingly to residential uses as

residents seek rural living.’

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Part 7 of Chapter 2 the Growth Policy states, ‘The change in land uses from

agriculture and timberlands to residential and the accompanying impacts of that

change, create some of the greatest growth challenges to the county.’

The proposed SAG-5 zone would allow for five acre lots which is consistent with

several existing lots in the vicinity. Currently, the property is not in either

agricultural or silvicultural use however if, in the future, agricultural or

silvicultural use is desired, it is possible on a small scale with the proposed

zoning.

The introduction to Part 7 of Chapter 2 states, ‘The density of residential

developments is an issue raised throughout the public involvement process […]

Residential development, including the subdivision of land, is not inherently

problematic. However, residential development at a density that is not

compatible with existing local services and neighborhood character is likely to be

contentious.’ It goes onto say that, ‘Capacity is based on the size and quality of

the road, and once the capacity is exceeded, public safety suffers. Low density

residential land uses on low capacity roads are a match, but medium or high

density land uses on low capacity roads create problems.’

The proposed zoning would allow for the use of agriculture on the property. As

the applicant states, “The requested SAG-5 zoning is not out of character with

land uses and densities in the area, nor is it inconsistent with other previously-

approved zoning amendments in the area.” The proposed SAG-5 zoning is

considered a low density residential land use which would utilize Montana

Highway 35 which is considered high capacity highway. The increase in density

would not exceed the capacity of the highway.

The following is a consideration of goals and policies which appear to be

applicable to the proposed zone change:

G.2 – Preserve the rights of property owners to the use, enjoyment and value

of their property and protect the same rights for all property owners.

The amendment would allow the owner to subdivide but would also allow for

the continuation of the existing use on the property.

G.3 – Preserve the cultural integrity of private and public agriculture and

timber lands in Flathead County by protecting the right to active use and

management and allowing a flexibility of private land use that is economically

and environmentally viable to both the landowner and Flathead County.

o P.3.3 – Maintain flexibility of land use options to forest and agriculture

land owners by focusing on mitigating the negative impacts of

development.

o P.4.3 – Identify a desirable gross density for rural residential development

that retains land values, preserves the agricultural character of the

community and allows for efficient provision of government services (law

enforcement, fire protection, transportation, etc.)

The proposed zoning would allow for agricultural uses on the subject

property which is accessed by a Montana State Highway.

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G.4 – Preserve and protect the right to farm and harvest as well as the

custom, culture, environmental benefits and character of agriculture and

forestry in Flathead County while allowing existing landowners flexibility of

land uses

o P.4.5 – Develop equitable and predictable impact-mitigation for

converting agricultural lands to residential uses.

The proposed zoning would allow for the use of agriculture on the

subject property while providing additional flexibility to the landowner

to subdivide the property and sell off smaller lots.

G.8 – Safe, healthy residential land use densities that preserve the character

of Flathead County, protect the rights of landowners to develop land, protect

the health, safety, and welfare of neighbors and efficiently provide local

services.

The SAG-5 designation would allow for densities of about one dwelling unit

per five acres for single family. One dwelling unit per five acres would

likely not require public water and sewer. Further discussion on public

utilities is contained later in this report.

o P.8.2 – Identify required criteria for various densities that support the

seven elements of the public’s vision outlined in Chapter 1.

The Seven Elements of the Public’s Vision include:

Protect the Views

The vision states, ‘One characteristic that residents of Flathead

County cherish is the view. Views of mountains, lakes, forests, wildlife,

and open spaces are cited as characteristics residents of Flathead

County would not change. “Scenic resources” are valued throughout

the county regardless of age, gender or location.’ The proposed zone

change if approved would likely have minimal impact on views

because it is located adjacent to Highway 35 but has the chance of

reducing open space views.

Promote a Diverse Economy

The vision states, ‘The cost of living and home ownership should be

affordable to the median income.’ The proposed zone change if

approved could allow for additional single family residential adding to

the housing supply which has the potential to make homeownership

more affordable because the SAG-5 zone would allow for Accessory

Dwelling Units which have the potential to add affordable rental units

to the county.

Manage Transportation

Vision 3 discusses managing traffic flow through land development

patterns; this report contains discussion regarding the proposals

impacts on traffic below.

Maintain the Identity of Rural Communities

The vision states, ‘Preventing communities from growing together and

losing their unique identities was another concern of many scoping

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meeting participants. The concern of seeing Flathead County turn into

one continuous sprawling development was expressed in a variety of

ways. Many residents of Flathead County do not want to see strip

malls, used car lots, mini storage, warehouse stores, lumber yards,

and other visually dominating land uses disrupt the perception of

driving between unique rural communities.’ The proposed zone

change is located three miles north of the village of Bigfork and

approximately 18 miles from Kalispell. The possibility of Bigfork

growing into another community is minimal. The proposed zoning

would not allow for commercial uses thus no strip development is

likely to occur as a result of the zone change.

Protect Access to and Interaction with Parks and Recreation

This report contains a discussion on parks and recreation below.

Properly Manage and Protect the Natural and Human Environment

The vision states, ‘Air and water quality were mentioned frequently as

well as co-habitation of people and wildlife being qualities that make

Flathead County unique and desirable. Many residents expressed a

desire to protect the lakes, rivers, ponds, groundwater and air for

future generations.’ The property does not contain any surface waters

or groundwater which would be impacted by this proposal. In

addition, the increased residential density is likely to have a minimum

impact on air quality.

Preserve the Rights of Private Property Owners.

As previously stated, the amendment would allow the owner to

subdivide the property, but would also allow for the use of agricultural

on the property.

G.15 – Promote a diverse demographic of residents.

o P.15.1 – Encourage housing, employment, education and recreation to

attract, support and maintain young families.

The SAG-5 zone would allow for single family dwelling, manufactured

homes and would also allow for accessory dwelling units as a permitted

use, all of which has the potential to make housing more affordable for

young families.

o P.23.6 – Support land use patterns along transit corridors that reduce

vehicle dependency and protect public safety.

Map 6.2 Bike and Pedestrian Paths Network, adopted as part of the

Flathead County Growth Policy, indicates Highway 35 for a proposed

arterial bike/pedestrian path in the future. A little over a half a mile to

the north with access off of Highway 35 is a proposed connector

bike/pedestrian path. Residents of the subject property will be located

with immediate access to an arterial bike/pedestrian path as well as be

within under three quarters of a mile from the nearest connector

bike/pedestrian path when they are constructed.

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G.23 – Maintain safe and efficient traffic flow and mobility on county

roadways.

o P.23.2 – Limit private driveways from directly accessing arterials and

collector roads to safe separation distances.

Highway 35 is a paved state highway. Any development would likely

require internal subdivision roads thus eliminating direct driveway

access onto Highway 35. If direct driveways are proposed, they would

require an approach permit through the Montana Department of

Transportation.

G.31 – Growth that does not place unreasonable burden on the school district

to provide quality education.

This report contains discussion on the proposal’s potential burden on

schools below.

G.32 – Maintain consistently high level of fire, ambulance and emergency 911

response services in Flathead County as growth occurs.

G.33 – Maintain a consistently high level of law enforcement services in

Flathead County as growth occurs.

This report contains discussion on the adequacy of emergency service

below.

G.41 –Promote the preservation of critical fish and wildlife habitat and

preserve the area’s unique outdoor amenities and quality of life.

o P.41.2 – Discourage unmitigated development in areas identified as

critical wildlife habitat.

The office did not receive any comments from FWP concerning the

application.

G.46 – Honor the integrity and purpose of existing neighborhood plans

respecting the time and effort of the community involvement that has taken

place.

The subject property is located within the Bigfork Neighborhood Plan Area.

This report contains further discussion on the compliance with the

neighborhood plan below.

Finding #1: The proposed zoning map amendment generally complies with the

Flathead County Growth Policy because the property is located adjacent to

Montana Highway 35 which allows for quicker commute times around the

County, the SAG-5 zone would allow for manufactured homes, single family

homes and ADUs which has the potential to allow for affordable housing options,

and also the continuation of potential agricultural and silvicultural uses.

b. Bigfork Neighborhood Plan

The Bigfork Neighborhood Plan (Neighborhood Plan) serves as a localized

planning tool for the properties located in the Bigfork Zoning District. The

Neighborhood Plan was incorporated into the Growth Policy to provide more

specific guidance on future development and land use decisions within the plan

area at the local level. According to the Neighborhood Plan, “The goals, policies,

and text included herein should be considered as a detailed description of desired

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land use in the Bigfork Neighborhood Plan Area (BNPA). The Plan should also

be used as guidance in adopting zoning ordinances and resolutions that would

regulate land use in the BNPA.”

The Neighborhood Plan designates the land use of the subject property as ‘AG-

Agricultural.’ Part V Land Uses and Natural Resources defines ‘Agricultural’ as,

“designated areas for agricultural production should be protected from the

encroachment of residential and other more intensive development. Schools, fire

stations, and parks are appropriate in this designation. Zoning designations in

these areas range from Suburban Agriculture (SAG) 5 to Agriculture (AG) 80.

This spectrum of zoning designations should be applied in a manner that

implements the goals and policies of the plan in areas designated as AG on Map

10. Further guidance for the appropriate use of the spectrum of Agricultural

zoning designations is as follows:

“3. Areas located at the outer boundaries of safe, healthy and efficient provision

of public services and served by public facilities such as gravel roads or marginal

paved roads are appropriate to utilize AG-20 zoning. This zone is intended to

control the intrusion of higher densities and more intensive land uses into areas

where facilities and services are not planned to be improved, upgraded or newly

constructed, but where those same services can safely and efficiently

accommodate 20-acre densities. The presence of environmental constraints also

limits density and/or use of property.

“5. In areas adjacent to Residential designations with efficient service provision,

convenient access to public facilities, paved roads and no environmental

constraints, SAG-5 zoning is an appropriate use and density. As the smallest

“agricultural” designation, small hobby farms, horse pastures and rural single

family residential dwellings exemplify areas where this zone is used.”

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Figure 4: Bigfork Neighborhood Plan Future Land Use Map

Population and Economics Goals and Policies

G.2- Support growth and development in the BPA in a way that protects the

character of the area and its natural resources.

P.2.1 – Encourage open space conservation to maintain the rural character

of the BPA and protect resource quality and wildlife habitat.

o The proposed zone change would protect the rural character of the area

and natural resources because the SAG-5 zoning is located directly

west of the property, is in close proximity on the north, east and south,

and characterizes the general area.

G.3 – Infrastructure must be sufficiently developed to support population

growth and economic development.

The subject property is located along Highway 35 which is a two lane MDT

maintained highway. The road system appears to be appropriate to

accommodate traffic in a safe manner.

Subject Property

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Housing Goals and Policies

G.6 - Encourage and support residential development densities which are

appropriate to existing or planned public facilities and services, which are absent

of environmental constraints, and which enhance the character of the community.

P.6.4 - Single family, large lot estate type developments of five acres or

larger, should be located away from planned areas of sewer and water to

minimize inefficient placement of sewer and water conveyance facilities.

o The proposed zone change would allow for large lot estate type

developments of at least 5 acres which are appropriately located

outside of the planned areas for Bigfork water and sewer services.

P.6.2 - Suburban residential densities should be located in areas with paved

roads, convenient access to commercial services, public services and

facilities, and should have minimal environmental constraints.

o The proposed zone change is located adjacent to MT Highway 35

which is a paved, two lane MDT maintained highway and the

property is located approximately 3 miles from Bigfork.

G.8 - Encourage housing that maintains traditional development patterns while

protecting property values and natural resources.

As previously stated, the property is currently zoned AG-20. The objective

of the proposed zoning map amendment would be to extend the existing

SAG-5 found in the surrounding area and encourage development similar to

that found in the general area.

P.8.2 - Encourage lot size and configuration in rural areas that promote

open space and scenic views, while maintaining the character of these areas

and supporting agricultural operations.

o The SAG-5 zoning would allow for open space while still allowing for

small scale agricultural and silvicultural operations.

P.8.4 - Prevent construction in flood plains, wetlands and natural drainage

areas. Recommend development to conform to terrain, and minimize

grading on steep slopes to prevent scarring and erosion.

o The property consists primarily of gently rolling and partially forested

land that does not contain any floodplains, wetlands, or identified

natural drainage areas. There are no steep slopes or appear to be land

unsuitable for development.

G.19 - Encourage development to follow an overall design that is consistent with

the nature, quality, and density of surrounding development.

As previously stated, the property is currently zoned AG-20. The objective

of the proposed zoning map amendment would be to extend the existing

SAG-5 found in the surrounding area and encourage development similar to

that found in the general area.

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Finding #2: The proposed zoning map amendment appears to comply with the

goals and objectives of the Bigfork Neighborhood Plan because the SAG-5 zone

does not allow multi-family dwellings and would allow for a 5 acre lot, is located

in a Fire District and the property does not contain any surface waters. The

proposed zoning map amendment generally complies with the Bigfork

Neighborhood Plan because applicable goals, policies and text appear to generally

support the request and the proposed SAG-5 zoning is described as an appropriate

zoning implementation for the ‘Agricultural’ designation.

2. Whether the proposed map amendment is designed to:

a. Secure safety from fire and other dangers;

The subject property is located within the Bigfork Fire District and the nearest

Bigfork Volunteer Fire Station is located approximately 3.8 road miles south of

the property on Grand Drive. The Bigfork Volunteer Fire Department would

respond in the event of a fire or medical emergency. The subject property is

located within the Wildland Urban Interface (WUI) but is not within a fire district

priority area. The Bigfork Volunteer Fire Department did not provide comments

on this proposal.

The subject property is located on Highway 35, a paved two lane, MDT

maintained highway. The highway appears adequate to provide ingress and egress

for emergency services.

According to FEMA FIRM Panel 30029C2305J, the property is located within an

unshaded Zone X an area determined to be outside the 0.2% annual chance flood

hazard.

Finding #3: The proposed map amendment will not impact safety from fire and

other danger because the property is not located in a fire district priority area, is

located on a state maintained highway which is capable of providing emergency

access and the property does not contain any floodplain.

b. Promote public health, public safety, and general welfare;

As previously stated, the Bigfork Fire Department would respond in the event of a

fire or medical emergency. The Flathead County Sheriff’s Department currently

provides and will continue to provide police services to the subject property.

The application states, “According to the definition of the requested SAG-5

zoning, the district exists to provide a buffer between urban and unlimited

agricultural uses. While there are no areas in the immediate vicinity of the subject

property that could be classified as urban, there are certainly more intensive land

uses such as “residential” and “public” adjacent to and in the vicinity of the

subject property. A buffering function adjacent to MT Highway 35 therefore

seems appropriate for the subject property in 2017. The requested SAG-5 zoning

will promote public health and safety by allowing density to increase slightly

without a dramatic change to land use classification. Density will increase from

the existing AG-20 zoning district, but the new allowable density is not out of

character given the transitioning nature of zoning north of Bigfork in the 24 year

since 1993 when the original plan was adopted. Allowing some additional

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density on the subject property that is adjacent to a state highway and near

Bigfork will promote public health, safety and the general welfare.” SAG-5

zoning would allow for similar uses to what already exist in the area, is

considered a rural designation more appropriate than most residential zones and

would be a more restrictive zone than the current AG-20 designation.

Finding #4: The proposed zoning map amendment would likely not have a

negative impact on public health, public safety and general welfare because the

property is served by the Bigfork Fire Department and the Flathead County

Sheriff, the SAG-5 zoning would allow for similar uses to what already exist in

the area and is considered a rural designation more appropriate than most

residential zones for the area.

c. Facilitate the adequate provision of transportation, water, sewerage, schools,

parks, and other public requirements.

According to the application, “Under the requested SAG-5 zoning, the landowner

may create about two additional parcels of land with minimal change to the

allowable land uses. Transportation infrastructure serving the property will

remain MT Highway 35 and if any additional impacts are created (such as

through subdivision or changes of use) the impacts will be reviewed by the

Montana Department of Transportation. Water and sewer services will remain

individual on-site with required review and permitting by the Montana

Department of Environmental Quality. School-age students will attend Bigfork

schools where there is adequate capacity to accommodate more students. Parks

and other public requirements are available in Bigfork only a few miles south

along MT Highway 35.”

As previously stated, the subject property is located on Highway 35, a paved two

lane, MDT maintained highway. The most recent traffic counts from 2015 for

Highway 35 north of the property indicate an Average Daily Traffic (ADT) of

5,890.

Using standard trip generation, residential uses typically generate 10 vehicle trips

per dwelling for single family residential. The property is approximately 21.9

acres in size and the current zone has a 20 acre minimum lot size. Therefore, no

additional single family homes would be allowed on the existing lot, which would

keep the traffic at 10 ADT. The proposed zoning could allow for approximately 3

additional lots for a total of 3 additional single family dwellings which would

generate an increase of approximately 30 ADT. If current traffic trends continue

the proposed zoning has the potential to increase traffic by .005% on Highway 35.

Both the Flathead County Road Department and Montana Department of

Transportation indicated no comments regarding this proposal.

The application states, “Water and sewer services will remain individual on-site

with required review and permitting by the Montana Department of

Environmental Quality.” The SAG-5 zone could be developed utilizing on-site

septic and wells. Comments from Environmental Health states, “Further

development must be in accordance with Flathead County Regulations for Onsite

Sewage Treatment Systems. Subdivision of the property, which creates parcels

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less than 20 acres, would be subject to review under the Sanitation in

Subdivisions Act (MCA Title 76.4.1).” It does not appear as though the proposal

would have a negative impact on water and sewerage.

The subject property is located within the Bigfork High School District and

Bigfork School District. The proposed zoning has the potential to generate school

children although the potential addition of 3 single family dwellings should have a

minimal impact to the Bigfork School District.

According to census data for Flathead County, the average household size is 2.46

persons and approximately 16.5% of the population is between the ages of 5-18

years. The proposal has the potential to generate three additional dwellings and

therefore could generate approximately one school age child. No comments were

received from the Bigfork School District.

There are many parks, natural areas, and recreational opportunities within a short

drive and the property is not likely to effect the adequate provision of parkland.

Finding #5: The proposed amendment would facilitate the adequate provision of

transportation because the proposal would lead to approximately .005% increase

in traffic on Highway 35 which is capable of handling the increase in traffic and

both the County Road and Bridge Department and Montana Department of

Transportation comments indicate no concerns with this proposal.

Finding #6: The proposed amendment would facilitate the adequate provision of

water, sewerage, schools, parks, and other public requirements because further

division of land on the subject property would require review through the

Flathead City-County Health Department and the Montana Department of

Environmental Quality, there would be minimal impact on parks and the proposal

has the potential to generate 1 school age child.

3. In evaluating the proposed map amendment, consideration shall be given to:

a. The reasonable provision of adequate light and air;

The application states, “Adequate light and air will be secured by the building

height restrictions and setback established in the proposed SAG-5 zoning.”

The proposed SAG-5 zoning has a minimum lot size of 5 acre and requires no

more than 25% lot coverage. Setbacks in the SAG-5 zone are 20 feet for all sides

for a principal structure and 20 feet from the front and side corner and 5 feet from

the side and rear for an accessory structure. The setbacks for the proposed zone

are the same as the existing zoning while a greater area of a lot can be covered in

the proposed zoning. The bulk and dimensional requirements for the SAG-5

designation have been established to provide for the reasonable provision of light

and air.

Finding #7: The proposed zoning map amendment would appear to provide

adequate light and air to the subject property because future development would

be required to meet the bulk and dimensional requirements within the proposed

SAG-5 designation.

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b. The effect on motorized and non-motorized transportation systems;

As previously stated, the subject property is Highway 35, a paved two lane, MDT

maintained highway. The highway would be utilized as access. The most recent

traffic counts taken for Highway 35 indicate an ADT of 5,890 north of the

property.

Using standard trip generation, residential uses typically generate 10 vehicle trips

per dwelling for single family residential. The property is approximately 21.9

acres in size and the current zone has a 20 acre minimum lot size. Therefore, no

additional single family homes would be allowed on the existing lot, which would

keep the traffic at 10 ADT. The proposed zoning could allow for approximately 3

additional lots for a total of 3 additional single family dwellings which would

generate an increase of approximately 30 ADT. If current traffic trends continue

the proposed zoning has the potential to increase traffic by .005% on Highway 35.

Both the Flathead County Road Department and Montana Department of

Transportation indicate no comments regarding this proposal.

Map 6.2 Bike and Pedestrian Paths Network, adopted as part of the Flathead

County Growth Policy, indicates Highway 35 for a proposed arterial

bike/pedestrian path. A little over a half a mile to the north with access off of

Highway 35 is a proposed connector bike/pedestrian path. Residents of the subject

property will be located with immediate access to an arterial bike/pedestrian path

as well as be within under three quarters of a mile from the nearest connector

bike/pedestrian path when they are constructed in the future.

Finding #8: Effects on the motorized transportation systems will be minimal

because both the County Road and Bridge Department and Montana Department

of Transportation had no concerns with this proposal, the proposal would lead to

approximately .005% increase in traffic on Highway 35 which is capable of

handling the increase in traffic.

Finding #9: Effects on the non-motorized transportation systems will be minimal

because the property will be located with immediate access to an arterial

bike/pedestrian path as well as be within under three quarters of a mile from the

nearest connector bike/pedestrian path when they are constructed in the future.

c. Compatible urban growth in the vicinity of cities and towns (that at a

minimum must include the areas around municipalities);

The application states, “The subject property is located about 4 miles north of the

downtown area of Bigfork, MT. The Bigfork community has adopted a

neighborhood plan and the requested SAG-5 zoning is consistent with that plan.

…The subject property is well outside the planning jurisdiction of any

incorporated municipality. Kalispell is the nearest municipality, located nearly 18

miles away. There is no need to address compatibility of the requested SAG-5

zoning with the urban growth of Kalispell.” The village of Bigfork, which is not

an incorporated municipality, is located approximately 3 miles south of the

subject property. The proposed zoning map amendment appears compatible with

urban growth of the Bigfork Planning Area (BPA) as described in the Bigfork

Neighborhood Plan because the plan designates the location of the subject

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property as ‘Agricultural’ and specifically contemplates SAG-5 zoning as being

an appropriate zoning implementation for the ‘Agricultural’ designation.

The incorporated City of Kalispell, which is the nearest municipality, is located

approximately 18 miles northwest of the subject property. The proposed zoning

map amendment will not have an impact on urban growth of Kalispell.

Finding #10: The proposed zoning map amendment would be compatible with

current urban growth in the Bigfork area because the proposed SAG-5 zoning is

described as an appropriate zoning implementation for the ‘Agricultural’

designation in the Bigfork Neighborhood Plan.

Finding #11: The proposed zoning map amendment would not affect urban

growth in the vicinity of Kalispell because the map amendment is located outside

the area of influence of the City of Kalispell.

d. The character of the district(s) and its peculiar suitability for particular uses; The character of the district and its peculiar suitability for particular uses can best

be addressed using the “three part test” established for spot zoning by legal

precedent in the case of Little v. Board of County Commissioners. Spot zoning is

described as a provision of a general plan (i.e. Growth Policy, Neighborhood Plan

or Zoning District) creating a zone which benefits one or more parcels that is

different from the uses allowed on surrounding properties in the area. Below is a

review of the three-part test in relation to this application and the character of the

district and its peculiar suitability for particular uses.

i. The zoning allows a use that differs significantly from the prevailing use in

the area. The intent of the current‘AG-20 Agricultural’ zone is to protect and preserve

agricultural land for the performance of a wide range of agricultural functions.

The proposed ‘SAG-5 Suburban Agricultural’ zone is a district to provide and

preserve smaller agricultural functions and to provide a buffer between urban

and unlimited agricultural uses, while encouraging separation of such uses in

areas where potential conflict of uses will be minimized, and to provide areas

of estate-type residential development.

According to the application, “The Bigfork Zoning District has experienced

significant change since 1993 and much of the zoning near the subject

property has been amended from Agricultural (AG) zoning to Suburban

Agricultural (SAG) zoning. The character of both existing and planned land

uses near the area of the proposed zoning amendment is suitable to the SAG-5

zoning and matches the definition of the SAG-5 zoning found in Section

3.08.010 of the Flathead County Zoning Regulations.” The property to the

west has been zoned R-1 which allows a greater density than the proposed

SAG-5 zoning. The properties to the north, south and west are generally

developed with single family residences on large lots and forested. The

allowed uses in SAG-5 are similar to the uses that exist within the immediate

vicinity of the property.

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ii. The zoning applies to a small area or benefits a small number of separate

landowners. The zoning map amendment would apply to one tract of land owned by one

landowner and covering approximately 21.1 acres. However directly to the

west, .25 miles to the east, .30 miles to the south and .17 miles to the north of

the property is a SAG-5 zoning district.

iii. The zoning is designed to benefit only one or a few landowners at the

expense of the surrounding landowners or the general public and, thus, is

in the nature of special legislation. The subject property is directly across Highway 35 from SAG-5 and R-1

zoning which has a minimum lot size of one acre. The uses allowed within

the proposed zone would be similar to the existing uses in the SAG-5 zoning

and the current AG-20 zoning district.

The character of the district around the subject property is suburban

agricultural, agricultural and residential. Within a half a mile to the southeast

of the property is a gravel pit, to the west and south are churches. The

property to the west is in silvicultural production. The proposed zone change

is not likely to be at the expense of the surrounding landowners or the general

public.

In summary, all three criteria must be met for the application to potentially be

considered spot zoning. The proposed zoning map amendment does not appear to

be at risk of spot zoning, as it does not appear to meet all three of the criteria.

Finding #12: The proposed zoning map amendment appears suitable for the

character of the district and does not appear to constitute spot zoning because the

proposed zone change would allow for the same uses existing on the neighboring

properties and the property is across Highway 35 from and within .30 miles of

property zoned SAG-5.

e. Conserving the value of buildings and encouraging the most appropriate use

of land throughout the jurisdictional area.

The application states, “As the Bigfork community grows and the area around the

subject property becomes increasingly suburban, unlimited agricultural uses are

becoming less practical and desirable for both the owners of the subject property

as well as adjoining land owners. The Lamms applied for and were granted an

Administrative Conditional Use Permit in 2002 for a Contractor Storage Yard

(FACU-02-03). The character of the area accommodates this land use because of

larger acreage parcels, highway frontage and the absence of agricultural

operations. The requested SAG-5 zoning will allow for a more appropriate size of

parcels in an area directly adjacent to MT Highway 35 but will retain land uses

that are common in rural suburban areas such as north of Bigfork. The similarity

of land uses and minimal change in the character of the area will generally protect

the value of buildings and encourage the most appropriate use of land north of

Bigfork.”

The property is located adjacent to Highway 35. Several properties to the west

and in the general area are zoned SAG-5 and immediately across Highway 35 to

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the west is zoned R-1 which allows a higher residential density. The proposal is

not likely to impact values of buildings and would likely encourage the most

appropriate use of the land in the area.

Finding #13: This proposed zoning map amendment appears to conserve the

value of buildings and encourage the most appropriate use of land in this location

because the subject property is in close vicinity to other SAG-5 zoned and

similarly sized properties.

4. Whether the proposed map amendment will make the zoning regulations, as

nearly as possible, compatible with the zoning ordinances of nearby

municipalities.

According to the application, “The requested SAG-5 zoning is consistent with the

Bigfork Neighborhood Plan and with other rural Flathead County zoning used in and

around downtown Bigfork. However, Bigfork is an unincorporated area. The nearest

municipality is the City of Kalispell over 18 miles away. Assessing compatibility

with the zoning ordinances of the city of Kalispell 18 miles away from the subject

property is awkward due to the distance and significant differences in community

growth patterns. Futhermore, Kalispell has no 5-acre zoning because municipal

services and infrastructure cannot efficiently serve 5-acre parcels. However, both the

City of Kalispell zoning and rural Flathead County zoning have standards for

permitted and conditional land uses, bulk and dimensional requirements, parking,

signage and land-use specific performance standards.”

The location of the proposed zoning map amendment is approximately 18 miles

southeast of the nearest municipality of Kalispell and is not included within the City

of Kalispell Growth Policy Future Land Use Map, adopted by the City of Kalispell in

2003. The city of Kalispell does not have a comparable zoning designation to the

county zoning designation of SAG-5.

Finding #14: The proposed map amendment in not within the City of Kalispell

Growth Policy Future Land Use Map and does not have a comparable zoning

designation to the county zoning designation of SAG-5.

V. SUMMARY OF FINDINGS

1. The proposed zoning map amendment generally complies with the Flathead County

Growth Policy because the property is located adjacent to Montana Highway 35 which

allows for quicker commute times around the County, the SAG-5 zone would allow for

manufactured homes, single family homes and ADUs which has the potential to allow for

affordable housing options, and also the continuation of potential agricultural and

silvicultural uses.

2. The proposed zoning map amendment appears to comply with the goals and objectives of

the Bigfork Neighborhood Plan because the SAG-5 zone does not allow multi-family

dwellings and would allow for a 5 acre lot, is located in a Fire District and the property

does not contain any surface waters. The proposed zoning map amendment generally

complies with the Bigfork Neighborhood Plan because applicable goals, policies and text

appear to generally support the request and the proposed SAG-5 zoning is described as an

appropriate zoning implementation for the ‘Agricultural’ designation.

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3. The proposed map amendment will not impact safety from fire and other danger because

the property is not located in a fire district priority area, is located on a state maintained

highway which is capable of providing emergency access and the property does not

contain any floodplain.

4. The proposed zoning map amendment would likely not have a negative impact on public

health, public safety and general welfare because the property is served by the Bigfork

Fire Department and the Flathead County Sheriff, the SAG-5 zoning would allow for

similar uses to what already exist in the area and is considered a rural designation more

appropriate than most residential zones for the area.

5. The proposed amendment would facilitate the adequate provision of transportation

because the proposal would lead to approximately .005% increase in traffic on Highway

35 which is capable of handling the increase in traffic and both the County Road and

Bridge Department and Montana Department of Transportation comments indicate no

concerns with this proposal.

6. The proposed amendment would facilitate the adequate provision of water, sewerage,

schools, parks, and other public requirements because further division of land on the

subject property would require review through the Flathead City-County Health

Department and the Montana Department of Environmental Quality, there would be

minimal impact on parks and the proposal has the potential to generate 1 school age

child.

7. The proposed zoning map amendment would appear to provide adequate light and air to

the subject property because future development would be required to meet the bulk and

dimensional requirements within the proposed SAG-5 designation.

8. Effects on the motorized transportation systems will be minimal because both the County

Road and Bridge Department and Montana Department of Transportation had no

concerns with this proposal, the proposal would lead to approximately .005% increase in

traffic on Highway 35 which is capable of handling the increase in traffic.

9. Effects on the non-motorized transportation systems will be minimal because the

property will be located with immediate access to an arterial bike/pedestrian path as well

as be within under three quarters of a mile from the nearest connector bike/pedestrian

path when they are constructed in the future.

10. The proposed zoning map amendment would be compatible with current urban growth in

the Bigfork area because the proposed SAG-5 zoning is described as an appropriate

zoning implementation for the ‘Agricultural’ designation in the Bigfork Neighborhood

Plan.

11. The proposed zoning map amendment would not affect urban growth in the vicinity of

Kalispell because the map amendment is located outside the area of influence of the City

of Kalispell.

12. The proposed zoning map amendment appears suitable for the character of the district

and does not appear to constitute spot zoning because the proposed zone change would

allow for the same uses existing on the neighboring properties and the property is across

Highway 35 from and within .30 miles of property zoned SAG-5.

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13. This proposed zoning map amendment appears to conserve the value of buildings and

encourage the most appropriate use of land in this location because the subject property is

in close vicinity to other SAG-5 zoned and similarly sized properties.

14. The proposed map amendment in not within the City of Kalispell Growth Policy Future

Land Use Map and does not have a comparable zoning designation to the county zoning

designation of SAG-5.

VI. CONCLUSION

Per Section 2.08.020(4) of the Flathead County Zoning Regulations (FCZR), a review and

evaluation by the staff of the Planning Board comparing the proposed zoning map

amendment to the criteria for evaluation of amendment requests found in Section 2.08.040

FCZR has found the proposal to generally comply with the review criteria, based upon the

draft Findings of Fact presented above. Section 2.08.040 does not require compliance with

all criteria for evaluation, only that the Planning Board and County Commissioners should be

guided by the criteria.

Planner: DV