Staff Report/Annexation & Zoning, Lot 7REPORT TO:
FROM:
SUBJECT
MEETING DATE:
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
Robert and Glenda Brown - Annexation and Initial Zoning of
R-4, Two Family Residential, West Side of 7+h Ave West
August 1, 2005
BACKGROUND: This is a request by Robert and Glenda Brawn for an initial zoning
designation of R-4, Two Family Residential) on approximately 0.51 of an acre upon
annexation to the City. The property is located on the northwest corner of Seventh
Avenue West and Sunnyside Drive. A two lot subdivision has been filed concurrently
with the annexation request. There is an existing house and garage that will remain
on the lot to the north while the lot on the corner will be developed with either a single
family residence or duplex. The applicant needs to connect to City water and sewer in
order to develop the property. Currently this property is in the County zoning
jurisdiction and is zoned R-5, Two Family Residential. The zoning designations for the
City and County are similar with regard to lot size and permitted uses.
A public hearing was held before the Kalispell City Planning Board at a meeting of July
12, 2005 regarding the initial zoning for this property. At the public hearing no one
spoke either in favor or in opposition to the proposal.
After the public hearing the board discussed the proposal. A motion was made and
passed unanimously to forward a recommendation that initial zoning for this property
should be R-4, Two Family Residential, upon annexation to the city.
RECOMMENDATION: A motion to approve the first reading of the ordinance for initial
zoning would be in order.
FISCAL EFFECTS: Positive impacts once fully developed_
ALTERNATIVES: As suggested by the City Council.
Robert & Glenda Brown
July 22, 2005
Page 2
Respectfully submitted,
Narda A. Wilson `JJames H. Patrick
Senior Planner City Manager
Report compiled: July 22, 2005
c: Theresa White, Kalispell City Clerk
RESOLUTION NO. 5055
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BV INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOT 7 OF WESTERN
ACRES LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS BROWN ADDITION NO.368; TO
ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Robert and Glenda Brown, the
owners of property located on the northwest corner of 7th Avenue West, north of
Sunnyside Drive, requesting that the City of Kalispell annex the territory into the
City, and
WHEREAS, the Kalispell Planning Department has made a report on the Browns' Annexation
Request, #KA-05-12, dated July 6, 2005, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-4, Two Family Residential on approximately 0.51 acres
upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
iv OW 1 HEREF ORE, BE IT RESOLVED BY Till✓ 01 x C O u i� C1L Or THE C1T Y OP
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Brown Addition No. 368.
SECTION II. Upon the effective elate of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL, AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 1 ST DAY OF AUGUST, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
ORDINANCE NO. 1547
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL
PROPERTY DESCRIBED AS LOT 7 OF WESTERN ACRES LOCATED IN SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO
FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Robert and Glenda Brown, the owners of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land be zoned
R-4, Two Family Residential, on approximately 0.51 acres of land, and
WHEREAS, the property is located on the northwest corner of 7th Avenue West, north of Sunnyside
Drive, and
WHEREAS, the Browns' petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report ##KA-05-12, dated July 6, 2005, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described above be
zoned R-4, Two Family Residential as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described
R-4, Two Family Residential, the City Council finds such initial zoning to be consistent with
the Kalispell Growth .Policy 2020 and adopts, based upon the criterion set forth in Section 76-
3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the
findings of fact of KPD as set forth in Staff Report No, KA-05-12.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
nrarc-
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as R-4, Two Family Residential, on approximately
0.51 acres of land.
SECTION IL The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 18TH DAY OF AUGUST, 2005.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
July 22, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Robert and Glenda Brown - Annexation and Initial Zoning of R-4, Two Family
Residential, West Side of 7h Ave West
Dear Jim.:
The Kalispell City Planning Board met on July 12, 2005 and held a public hearing to
consider a request for annexation and an initial zoning designation of R-4, Two Family
Residential, on approximately 0.51 of an acre. The property is located on the
northwest corner of 71h Ave West and Sunnyside Drive,. A plat for a two lot subdivision
has been filed concurrently with the annexation and zoning request.
Narda Wilson of the Kalispell Planning Department presented staff report #KA-05-12
evaluating the proposed zoning_ Staff recommended initial zoning of City R-4, Two
Family Residential, based on the surrounding City zoning and the Kalispell Growth
Policy.
The property owner spoke in favor of the proposal stating the existing home and
garage would be on one lot and the other lot would be developed. One of the adjoining
property owners spoke and said he thought the new residence on the property should
be single family rather than a duplex or townhouse.
After the public hearing the board discussed the property. A motion was made and
passed unanimously to forward a recommendation that initial zoning for this property
should be R-4, Two Family Residential, upon annexation.
Robert & Glenda Brown Annexation and Zoning
July 22, 2005
Page 2
Please schedule this matter for the August 1, 2005 regular city council meeting.
You may contact this Board or Narda Wilson at the Kalispell Planning Department if
you have any questions regarding this matter,
GT/NW/ma
Attachments: Staff report ##KA-05-12 and application materials
Minutes of the 7/ 12/05 planning board meeting
e w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Robert & Glenda Brown, 330 Goodrich Rd., Kalispell, MT S9901
ROBERT AND GLENDA BROWN
REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KA-05-12
JULY 6, 2005
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
an initial zoning designation of R-4 upon annexation to the city of Kalispell. A public
hearing has been scheduled before the Kalispell City Planning Board and Zoning
Commission for July 12, 2005 beginning at 7:00 PM, to consider appropriate zoning
for the property to be annexed. The planning board will forward a recommendation for
appropriate zoning to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The applicant has petitioned for annexation and an initial zoning designation. of R-4, a
Two -Family Residential district, on approximately 0.51 of an acre. This report
evaluates the appropriate assignment of a City zoning classification in accordance with
Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed
under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by
Petition.
A. Petitioner J Owner: Robert and Glenda Brown
330 Goodrich Road
Kalispell, MT 59901
(406) 756-5779
B. Location and Legal Description of Property: The property proposed for
annexation and the initial zoning request is located on the northwest corner of
Seventh Avenue West north of Stinnyside Drive. It can be described as Lot 7 of
Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
C. Existing Zoning: The property proposed for annexation is in the West Side
County zoning jurisdiction and is currently zoned R-5, Two -Family Residential..
This district is defined as "A residential district with minimum lot areas.
Development within the district will require all public utilities and all community
facilities. Duplexes are allowed in this district." Permitted uses in this district
are generally limited to residential. uses. The conditionally permitted uses allow
some non. -residential uses but those are limited to churches, daycare centers,
mini and RV storage, RV Parks and campgrounds and golf courses. The
minimum lot size requirement of the County R-5 zoning district is 5,400 square
feet.
D. Proposed Zoning: The proposed R-4, Two -Family Residential, zone allows
duplexes and single-family residences as permitted uses and has a minimum lot
size requirement of 6,000 square feet and a width of 50 feet. The proposed City
R-4 district more closely reflects the existing and intended uses for the property
and is consistent with the other City zoning in the immediate area.
t
E. Size: The area proposed for annexation and zoning contains approximately 0.51
of acre.
F. Existing Land Use: The property proposed for annexation is occupied by a single
family dwelling. The property owner intends to subdivide the property into two
lots. A plat subdividing the property has been filed concurrent with the
anexationa, request.
G. Adjacent Land Uses and Zoning: The land use in the area is primarily single-
family residential along with some duplexes and townhouses.
H. General Land Use Character: The general land use character of this area can be
described as primarily residential with a mix of duplex and single family homes.
This area can also be described as being on the urban fringes of Kalispell and
there have been significant development pressures to the west.
I. Utilities and Public Services: All available public services and facilities will be
provided to these properties at the same level of service as other properties
similarly situated in the city limits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Flathead .Electric Cooperative
Telephone:
CenturyTel
Schools:
School District #5, Kalispell
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
1. Does the requested zone comply with the owth olio ?
The property is designated by the Kalispell Growth Policy future lard use map as
"Urban Residential" which -L ticipates residential development with a density of
between four to 12 dwelling units per acre. Because of the provision of public
water and sewer to the site, the proposed R-4 zoning designation is in compliance
with the future land use designation for the area. The R-4 zoning has a
minimum lot size requirement of 6,000 square feet with each lot allowing a
duplex or a base density of one dwelling per 3,000 square feet. This same zoning
designation has been applied to most properties in the west Kalispell area. The
proposed zoning is in compliance with the anticipated land use for the area
which anticipates a mix of single-family and duplex dwellings in urban
residential areas.
2
2. Is the requested zone designed to lessen congestion in the streets?
Once the property is developed, all of the new development will be constructed to
City standards. Traffic in the area will increase insignificantly. The requested
zoning designation and subsequent development of the site will not lessen
congestion in the streets in the area, but this level and type of development is
anticipated to occur as development of the area continues.
3. Will the requested zone secure safety from firepanic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency, There are no features related to the property which would
cornpron-use the safety of the public. New construction will be required to be in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal services including police and fire protection, water
and sewer service is available to the area and will be extended as part of the
development of this property at some point in the future.
4. Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and providing a }dace for new housing in the community.
5. Will the re uested zone RLovide for ade uate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
6. Will the requested zone prevent the overcrowding of land?
As previously noted this area has been anticipated for urban residential
development and now that public water and sewer are in close proximity an R-4
zoning designation is appropriate. The anticipated density falls within the
proposed R-4 zoning designation. All public services and facilities will be
available to serve this subdivision. Currently this property is in the County
jurisdiction and is zoned R--5, Two Family Residential, but they do not have
access to public sewer and water without annexation.
7. Will the requested zone avoid undue concentration of people?
The allowable density for this property will not change as a result of annexation
which is currently zoned for single-family homes and duplexes. Minimum lot
standards and use standards as well as subdivision development standards will
avoid the undue concentration of people at the time the property is developed.
3
8. Will the requested zone facilitate the adequate provision of transportation. water.
sewerage, schools arks, and other ublic requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
9. Does the requested zone wive consideration to the particular suitability of the
property for particular uses?
The proposed R-4 zoning district is consistent with the surrounding zoning and
land uses in the area and gives due consideration of the suitability of this
property for the permitted uses in the district.
I.O. Does the reguested zone give reasonable consideration to the character of the
district?
The general character of the area is urban sized lots for residential development
on City sewer and lower density development where on -site sewage treatment
methods are being used. The same type and density of development can be
anticipated to occur on this property that is in the area and will be consistent
with the character of the neighborhood,
11_ Will the proposed zone conserve the value of buildings?
Value. of the buildines in the area will be conserved because the R-4 mninL3- will
promote compatible and like uses on this property as are found on other
properties in the area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Urban scale residential development should be encouraged in areas where
services and facilities are available such as is being proposed on this parcel. The
proposed zoning is consistent with the future land use designations and
surrounding zoning in the area.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-05-12 as findings of fact and recommend to the Kalispell City Council
that the initial zoning for this property upon annexation be R-4, Two Family Residential.
REPORTS \ KALISPELL \ 05 \ IW5-12
NW
4
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
PETITION FOR AiNNEXATTON AND TNITUL ZONING
CITY OF KA.LISPELL
NAIN E OP' APPLICANT: 71 IV .,. �-
MALL ADDRESS: 3-3c tz 0aeg
CITY/STATE/ZIP: % PHONE: %S �I
f
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP: PHONE:
INTEREST fN PROPERTY: ' �
PLEASE COMPLETE TIE FOLLOWING:
Address of the property: / $5/ 5—v=-�
Legal Description:_
(Lot and Block of Subdivision, Tract 9)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac) 1- ---
The present zoning of the above property is: /- S _ C 0 vti f -9
The proposed zoning of the above property is: C., r 1 1
State the changed or changing conditions that make the proposed amendment necessary:
%--'J =Zff—'✓7 Tit /J
Aa
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Tri-City Planning staff to be present or. the
property for routine inspection during the annexation process.
(Applicant) (Date)
2 4 r2- 3
VICINITY MAP SCALE 1 3 0 0'
ROBERT & GLENDA DYLINA—BROWN
REQUEST FOR ANNEXATION & INITIAL ZONING OF R-4
TWO FAMILY RESIDENTIAL FROM COUNTY R-5 TWO—
FAMILY RESIDENTIAL
T71TT V, H Tz' A nr-,—1 7
PLOT DATE 6/22/05
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