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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